Index to Periodicals Naturalization. "Are the Japanese Mongo lian?" By William Elliot Griffis. North American Review, v. 197, p. 721 (June). "The Japanese are not 'Mongolian.' They justly refuse to be classed as such. It is the dis grace of the United States that the Japanese cannot as yet obtain citizenship. They are as likely as any other stock, when naturalized, to become in time as patriotic as most other peoples among us more or less assimilated. This is true, largely because real Christianity is certain in time to transform as much American as any other human nature that masks its brutishness, injustice, and hypocrisy under high-sounding names. In treaty-keeping, the Japanese have already proved themselves the 'whiter' of the two parties. In the end, both deserving and winning success, they will gain social as they have already won political equality with Occi dentals, and the world will be the better for it." Negligence. See Psychology. Panama Canal. "The Panama Canal: The Rule of Treaty Construction Known as Rebus Sic Stantibus." By Hon. Hannis Taylor. 1 Georgetown Law Journal 193 (May). "It seems to me that a radical breach of the tacit condition, rebus sic stantibus, occurred when in November, 1903, the Canal Zone became, by purchase, the domestic territory of the United States. . . . The existence of the rule, rebus sic stantibus, as applied to the construction of treaties, has never been denied, so far as I know, and it is not at all likely that Great Britain will deny its existence in the present instance." "Exemption from Panama Canal Tolls: A Discussion Based upon the Law of Public Call ings." By Prof. Eugene Wambaugh. 7 American Journal of International Law 233 (Apr.). This is a revision of an article which appeared in the Boston Evening Transcript of Feb. 8, 1913, and in the Congressional Record of Feb. 26, 1913 (p. 4223). See 25 Green Bag 197. Penology. "Crime and Punishment." By A. M. Brice. Contemporary Review, v. 103, p. 679 (May). "Twenty-one girls, all eligible for treatment as juvenile adults under the Borstal system, were sent to prison for the first time. During the following twelve months these twenty-one girls committed offenses for which they were sent to prison seventy-two times. Only one was com mitted once; the rest were committed from two to seven times each during the year. "It is to help such cases that the 'Modified,' as opposed to the 'Full' Borstal system, is now being applied. Under this system offenders who are under short sentences receive that per sonal care and individualization which form the underlying principles of the 'Full' Borstal plan, and experience snows that this is also having good results. It is to the credit of the prison officials that this modified system, which takes into its net thousands who are not qualified for
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the 'Full' system, is not the child of the Legis lature, but merely an administrative re-arrange ment of prison methods, adapted to offenders of a particular age. Nor, in taking leave of this most promising and already productive system, must the afterwork of the Borstal Committees and Association be forgotten. In seeking to pre vent the complete or the continuous demorali zation of the young offender, they are not merely reforming the criminal, but also protecting society —. two ideas which are sometimes re garded as if they were alternatives." See Psychology. Police Power. See Teachers' Pensions. Procedure. See Criminal Procedure, Inter national Arbitration. Psychology and the Law. "The Association Method in Criminal Procedure." By Paul Menzerath. 4 Journal of Criminal Law and Crimi nology 58 (May). A translation of a highly technical article of obvious importance for psychologists. The asso ciation method of psychoanalysis is carefully examined, and is found not to be available at the present time for practical application. Theo retical questions need to be cleared up, and investigators still have much to learn from ex periments on criminals themselves. A number of papers on the subject of psy chology applied to the law were published in Case and Comment (v. 19, no. 12) for May, 1913. The general topic is discussed by Professor Josiah Morse ("The Value of Psychology to the Lawyer," p. 795), who gives copious illustra tions of the importance of psychological facts in daily life, and expresses his belief in the value of psychology to the laywer. He thinks, however, that the service of psychology to the law is indirect, and is sceptical as to its availability for practical application in the court room. Prof. Erwin W. Runklc ("Application of Psy chology to Law," p. 835) likewise maintains that psychology has a general rather than specific application, but sees a growing use for psy chology in the criminological laboratory. The application of psychology in the crimi nological laboratory is also advocated in an able paper by Professor Robert H. Gault ("Suffi cient Motives in Human Behavior and a Corol lary," p. 813). Dr. Charles Gilbert Davis ("The Psychology of Crimes and Criminals," p. S20) restates withapproval Lombroso's theories of the born criminal and the physical signs of degeneration, and advocates humane penological measures. Most of the papers treat of the psychology of testimony. Professor R. S. Woodworth writes of this subject with some vigor of analysis ("The Preponderance of Evidence," p. 827), and dis cusses the psychology of error, as affording a test of the reliability of witnesses. Edwin A. Kirkpatrick ("The Psychology of the Common Law Requirement that Testimony Shall be Objective and Specific," p. 837) considers that "It is wise in the light of psychology to insist that testimony shall concern specific facts," yet our memories may often be more accurate
