Page:The Green Bag (1889–1914), Volume 25.pdf/252

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Index to Periodicals making of the final decision are left somewhat in doubt. It seems reasonably clear that when the King was a party in the case he took no part, or almost no part in the proceedings. "When we have, however, taken everything into account which seems to be at all formal, it must still be said that in judicial proceedings before the great Curia Regis there was much in formality and much of the freedom of discussion of a deliberative body. This is only what we should naturally expect at a time when no sharp line was drawn, either in action or in theory, between the legislative and judicial functions of the Curia." "The Original Drafts of the Statute of Frauds and their Authors." By Prof. Crawford D. Hening. 61 Univ. of Pa. Law Review 283 (Mar.). With Dean Costigan's recent article on the authorship of the Statute of Frauds (see 25 Green Bag 192) this paper unites in offering scholarly results in the investigation of original documentary sources. Professor Hening has gone deeply into the subject of the original drafts, copies of which are produced. "Indictments for Adultery and Incest before 1650." By Arthur Cleveland. 29 Law Quarterly Review 57 (Jan.). Disproving the statement frequently made by legal historians that there was no common law jurisdiction of adultery for three centuries pre vious to the Commonwealth Act of 1650, and that this offense together with that of incest was cognizable only in the ecclesiastical courts. "Debt, Assumpsit, and Consideration." By Prof. W. S. Holdsworth. 11 Michigan Law Re view 347 (Mar.). The distinguished writer attempts to state in his own way some of the results of the work of Ames, Pollock and Street. Martial Law. "Martial Law." By Col. H. C. Carbaugh, U. S. A. 7 Illinois Law Review 479 (Mar.). An exposition of the general subject, Ex parte Milligan and other federal cases being dealt with; there is a passing reference to the recent West Virginia cases of Nance and Mays. Sec p. 238 infra. Municipal Ownership. "Municipal Owner ship of Public Utilities, I." By Carman F. Ran dolph. 22 Yale Law Journal 355 (Mar.). The first part of an extended opinion on the legal aspects of municipal ownership. Patents. "The New Equity Rules as they Affect Patent Infringement Suits." By Otto Raymond Barnett. 7 III. Law Rev. 465 (Mar.). "While the new rules should automatically obtain in all cases unless otherwise ordered by the court, nevertheless the court should have authority, in the sound judgment of the court and with the consent of counsel, to order that in specific cases the testimony may be taken and the case presented for hearing under the prac


tice which has obtained for the past fifty years. Such modification of the new rules would, on the one hand, render impossible the abuses which often arose under the old rules, and, on the other hand, would avoid the embarrassment limitations and complications which in certain cases will be inevitable under the new rules." "The Oldfield Bill." By Otto Raymond Bar nett. 22 Yale Law Journal 383 (Mar.). "If it be urged that evils exist in our patent system, and that this article merely criticizes the Oldfield Bill without suggesting anything better, the reply is that in so far as there are faults in our patent system, they relate to matters of procedure rather than to matters of substance. The theory and principles of our patent system are absolutely sound." "Burden of Proof in a Suit for Profits in In fringement of a Patent." By Needham C. Col lier. 76 Central Law Journal 39 (Jan. 17). Discussing Westinghouse Electric Mfg. Co. v. Wagner Electric & Mfg. Co., 173 Fed. 361, 97 C. C. A. 621; same case on appeal in Supreme Court, 32 Sup. Ct. Rep. 691. Perpetuities. "Whitby v. Mitchell Once More." By John Chipman Gray. 29 Law Quar terly Review 26 (Jan.). Professor Gray now pays fuller attention in this article to the views of Mr. Charles Sweet, who defended a year ago the doctrine of Whitby v. Mitchell in 12 Columbia Law Review 199 and elsewhere. See 24 Green Bag 262. Procedure. "Legal Efficiency." By Henry W. Jessup. 4 Bench and Bar (N. S.) 55 (Mar.). An application of the principles of "efficiency engineering" to the subject of the law. An interesting passage deals with punctuality as a judicial virtue. "It so happens that I have tried cases in almost every Judicial Department of the state. I have gone into the trial of a case in the Adiron dack regions at nine a.m., with a half hour off at noon and an hour off at six and an evening session until ten p.m., getting in from ten to eleven hours a day and disposed of a case in three days that would have taken three weeks in New York County, convening at the fictitious hour of ten-thirty a.m., adjourning at one, recon vening at two o'clock sharp (the word 'sharp' is a euphemism), and adjourning promptly at four. That is, a possible four and one-half hours which really means three and threequarters hours' actual work done. Everybody knows this is true. Somebody ought to say it. And yet, from time to time, in order to keep up the spotlessness of the judicial ermine, when some poor devil of a lawy er pleads for delay or asks to be passed for the day when our interest ing system of calling the calendar finds him unprepared in a particular case in one of these one hundred courts, there promptly appears an article in the paper attributing the law's delay to the lawyers, and containing some expressions of his views by the presiding judge, stating that he was ready to try and had called a cer