EDITORIAL DEPARTMENT

"There is no reason why in the majority of cases such a suit should not be ready for final hearing and actually heard within sixty days or why it should not be finally disposed of in the appellate courts within less than a year. It should have preference on all cal endars. The expedition act of Congress, applicable to cases arising under the anti trust and interstate commerce laws, would furnish a good model for cases involving the validity of state laws. The conditions which now confront the people in many States, where statutes regulating public service cor porations are often tied up for years by litigation, tend to create discontent, impa tience and dissatisfaction with the courts and to engender a desire for revolutionary change from an intolerable situation." CONTEMPT. " The Law of Contempt in India," by Sarat Chandra Lahiri, Criminal Law Journal of India (V. vii, p. 33). CONTRACTS. " Appropriation of Pay ments," by N. S. Natesan, Bombay Law Reporter (V. x, p. 51). CONTRACTS (Consideration). "Void, Illegal or Unenforceable Consideration," by William P. Rogers, Yale Lain Journal (V. xvii, p. 338). Examining the principles and decisions on this subject, summing up thus: "It is difficult to state any rule bearing upon this subject against which some author ity may not be cited. But the following rules may be stated, being well supported by authority : "(a) Where two or more promises are made, part of which are legal and part illegal (not malum in se) in consideration of a legal promise, he who has made the legal promise may waive those promises which are illegal and enforce those which are legal, provided his part of the contract has been performed; but if his promise is also executory the contract being bilateral and being partly illegal cannot be enforced by either party thereto : "(b) But the contract cannot be enforced in any event by the party who made the illegal promise. "(c) If the illegal promise, so connected with a legal promise, is malum in se, or is a promise to perform a criminal act, the whole contract is void and unenforceable by either party thereto. "(d) But if the promise, so connected with a valid legal promise, is not illegal, but simply unenforceable, as one falling within the Statute of Frauds, it will not prevent the party who has made a legal promise on the other side, though it be executory, from waiving such unenforceable promise and enforcing the remaining promise."

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CORPORATIONS. " Paying Dividends out of Capital," by Frank Hodgins, K. C., Canada Law Journal (V. xliv, p. 94). CORPORATIONS. " Collateral Attack on Incorporation," by Edward H. Warren, Harvard Law Review (V. xxi, p. 305). "In a former article dealing with unauthorized corporate action, by hypothesis, (r) the associates had made an attempt to incorporate, resulting in a colorable cor porate organization; (2) there was a law authorizing the formation of such a corpora tion as was attempted; (3) there had been user of some of the powers which such a corporation would possess; and (4) the persons seeking to prevent collateral attack had acted in good faith. This article deals with unauthorized corporate action when some one or more of these conditions are lacking. It also, preliminarily, inquires more fully into the nature of the questions under lying the whole subject of unauthorized corporate action." Examination of principles and authorities leads to the following conclusion: •- i^j; "Viewing the subject as a whole, it is seen that whether or not collateral attack is to be permitted depends not so much on logical deductions as on the exercise of a sound judgment. Opposing considerations must be weighed. The law, therefore, can not be pictured in bright lines. Some large features, however, emerge, i. Collateral attack should be permitted to a stranger to whose prejudice the associates seek to assert a right dependent upon incorporation; — and this whether there are the technical requisites of the de facto doctrine, or not. 2. The associates should not be shielded from full liability where their legal incorpo ration failed for some reason more serious than an informality or irregularity in their organization. 3. These effective checks by collateral attack being established, the courts may, in many other instances, properly deny such attack, — and this whether there are the technical requisites of the de facto doctrine, or not. Thus, notably, where A seeks to avoid liability on the ground that there was no law under which the associates could have obtained authority for their corporate action." CRIMINAL LAW. " Why Capital Punish ment should be Abolished," by E. M. JohnCriminal Law Journal of India (V. vii, p. 40). CRIMINAL LAW REFORM. " Criminals and Crime," by Lex., Law Magazine and Review (V. xxxiii, p. 129). Adverse com ments on Sir Robert Anderson's recent book