Page:The Green Bag (1889–1914), Volume 25.pdf/504

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Index to Periodicals Duty of Street Railway Company as to Lights on Cars, Duty of Motorman as to Control of Street Car, and Exemplary

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Damages for Assault or Ejection of Passenger, being among the chief subjects thus treated in the new volume.

Index to Periodicals also a keen politician, political economist, and Articles on 'Copies of Legal Science and Related Subjects Admission to the Bar. "The Lawyer and the Legislator." By Justice Andrew Alexander Bruce. 77 Central Law Journal 57 (July 25). The result of the controversy in America over the right of the legislature to control the admis sion of candidates for the bar "seems to have been a compromise, and to have culminated in the rule that although the courts may not" admit to practice persons or classes of persons whom the legislature, in the exercise of its rea sonable discretion and judgment, has decided to be incompetent, the legislature, on the other hand, has no right or power to prove or com mand that any person possessing certain qualifi cations or possessing none, shall or must be admitted to practice in the courts, and much less it is authorized to assume the judicial function of determining whether or not such persons actually possess the necessary qualifications. There has, however, as yet, been no rancor evinced over the matter, and no serious dispute in relation thereto. The conclusions of the courts so far have been silently acquiesced in." Biography. "John Westlake, K.C. (1828, Feb. 4-1913, Apr. 14)." By A. V. Dicey, T. E. Holland and Norman Bentwich. 29 Law Quarterly Review 260 (July). "Westlake succeeded," says Professor Dicey, "because he was, unlike most of the Benthamite reformers, a thoroughly trained English lawyer who almost instinctively understood the nature and the expansiveness of judge-made law, and who throughout his life was a practising and successful barrister, and thus kept up and in creased his knowledge of English law as it daily works and grows. This combination in Westlake of an English real property lawyer and of a jurist well versed in the speculations of foreign professors is then one main source of his deserved success in the introduction of new principles into the rules of private international law as now administered by English tribunals. It is also the cause of his one defect as a writer, namely, a certain stiffness and obscurity of expression. In the edition of 1858 one occasionally finds terms which need explanation by some adept in the literature of German law." "While thus essentially an international law yer," says Professor Holland, "Westlake was

social reformer, actively sympathetic with op pressed nationalities, whether in Finland or in the Balkans. His career as a Liberal member of Parliament for the Romford Division of Essex, 1885-6, was shortened by his characteris tically independent action in voting against Home Rule for Ireland. He was, indeed, in all things tenax propositi, while conciliatory to oppo nents and the kindest of friends." Mr. Bentwich declares that it would be giving a one-sided view of Westlake "to represent him exclusively as the jurist and the publicist. What, I think, most struck a student when he came to know him was his enthusiasm for every liberal cause and the unswerving progressiveness and freshness of his mind. In the eagerness of his sympathies he surpassed the most youthful of us." "The Great Jurists of the World: XVII, Gaius." By J. C. Ledlie. "XVIII, Andrea Alciati and His Predecessors." By Coleman Phillipson, LL.D. "XIX, Robert-Joseph Pothier and French Law." By J. E. de Montmorency. 13 Journal of Comparative Legislation N. S. pt. 2, p. 232 (no. 28, July). "The student of Roman law," says Mr. Ledlie, "may find that there is a good deal more in the Institutes of Gaius than a mere dryasdust antiquarianism. When he comes to the Digest, it may happen that, after a hard struggle with a passage from Julian or Africanus ('Africani lex, ergo difficilis') or Papinian, he will greet with no small pleasure the sight of the plain five-lettered name at the head of the next excerpt, well know ing that, whatever the point to be dealt with, he will be sure to find a model of terse and lucid exposition." "Lord Chancellor Hardwicke." By J. A. Lovat-Fraser. 38 Law Magazine and Review 447 (Aug.). "His memory has hitherto suffered from the want of an adequate history of his career. In the case of Hardwicke as in that of other Chan cellors, Lord Campbell has distorted and mis represented the man whom he professed to depict. In the work of Mr. Philip Vorke an adequate and noble tribute to his memory has been provided." Contracts. "Freedom of Contract, II." By