Page:The Green Bag (1889–1914), Volume 25.pdf/332

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Index to Periodicals A character study of the Louisianian who achieved brilliant success at the English bar. "With Benjamin the impression prevails that he was a man of remarkable ability, an adven turer of genius, but of little character. This view was strong upon me when I began to study him. Now I am forced to the opposite conclu sion, that his character was respectable, if not unexceptionable, but his ability mediocre. . . . In short he was an average, honorable, and, in politics, rather ineffectual gentleman." Canada. "The Relation Between the Legisla tive and Executive Branches of the Canadian Government." By Adam Shortt. 7 American Political Science Review 181 (May). The control exerted by the executive branch, as represented by the Prime Minister and his Cabinet, over the legislative branch is not one of dictation: "It is simply one of leadership wherein the followers have the latent power to desert or depose their leaders." The writer points out the strong features of the Canadian system of party government. "Canada: Colony to Kingdom." By John S. Ewart. 7 American Journal of International Law 268 (Apr.). Matters of an international nature, such as British treaty power and declarations of war, are treated, but the article mainly deals with the relations between Canada and the Empire. Commercial Law. See Legal History, Uni formity of Law. Constitutional Amendment. "Amending the Constitution of the United States." By James B. McDonough. 76 Central Law Journal 335 (May 9). "The undoubted power exists in Congress in providing the mode of ratification, to require instant conventions or extra sessions of the legislature to ratify or reject any proposed amend ment. "This is an important power. By its exercise, the people, through the agency of Congress, in a time of great national peril, or times without peril, may in two or three months or less time, ratify any amendment. When the Supreme Court, which is nothing but an agency of the people, acting under the sanction of their oaths and the Constitution as written, declares an act of Congress void, the people may at once amend the Constitution, thus making it what they now wish it to be." Contracts. "Freedom of Contract." By R. L. Marshall, M. A. 38 Law Magazine and Re view 278 (May). The history of the development of the law of contract out of the law of tort, in English law, is traced, and some attention is paid to the subject of consideration, the notion of which originated in the Canon Law. The author points out that presentlaw with regard to consideration is the composite result of several interesting historical factors. The title of the article is mis'eading at least to the American lawyer.

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"Discharge~"ofJ Con tracts." By Arthur L. Corbin. 22}Yale Law Journal 513 (May). It "In the law of contracts there is a great deal of misunderstanding or lack of understanding in regard to certain topics connected with the subject of discharge. Some of this is due to the fact that few men use such terms as condition and warranty in the same sense. The rest is due to faulty reasoning concerning matters that are admittedly difficult." The article will aid clear reasoning and is a notable contribution. Criminal Procedure. "Reform of Criminal Procedure, with Reference Particularly to the Indictment." By L. Pearson Scott. 61 Univ. of Penn. Law Review 458 (May). "It is submitted that a new code prescribing the rules governing indictments should be drawn without regard to these five standards which the common law has set up. The formal accu sation under the reformed code should contain only so much matter as is necessary to insure a fair trial in the ordinary case." Criminology. Sec Insanity, Juvenile Delin quency, Psychology. Easements. "Way of Necessity: How Ac quired and Lost." By William M. Rockel. 76 Central Law Journal 371 (May 23). Setting forth the doctrines of American lead ing cases on this subject. Equity Jurisdiction. See Public Nuisances. Evidence. See Psychology. Executive Powers. "Executive Commis sions of Inquiry." By W. Harrison Moore. 13 Columbia Law Review 500 (June). A thorough examination is made of some recent cases in Australia and New Zealand which "have brought into prominence the question of the power of the Executive Government to carry on investigations involving the examination of wit nesses, with a view to some further action to be determined by the results of this investigation." Extradition. "Is it Lawful to Bring a Man Back to Pennsylvania by Extradition on the Charge of Desertion under the Act of March 13, 1903, for the Purpose of Proceeding against him under the Act of April 13, 1867?" By William H. Baldwin. 4 Journal of Criminal Law and Crimi nology 20 (May). "If a man is extradited under the act of 1903, the prosecution should be carried on under that act, and it is not lawful to drop it and pun ish him instead under the act of 1867. If it be held that imprisonment under the act of 1867 may be continued indefinitely, . . . the man might in this way suffer more severely for some thing which is not a crime than he could be made to for the alleged crime for which he was extradited, and for which the imprisonment cannot be longer than a year, with a fine of not more than $100."