< Page:The Green Bag (1889–1914), Volume 21.pdf
This page needs to be proofread.

292

The Green Bag

the states, and the exemption could not render them lawful. Third. Cases involving monopolies, or at tempts to monopolize, or combinations or conspiracies to monopolize, any part of the trade or commerce among the several states or with foreign nations. Attempts to monopolize were unlawful at common law and should be prohibited by act of Congress. A statutory definition of the word "monopolize" would give rise to much uncertainty and litigation. The safer and better course is to let the courts settle the meaning of the Sherman Act. While there are numerous dicta to the effect that com binations of this last class violate the Sher man Act there appears to be no decision in which that proposition is clearly laid down. Fourth. Cases involving contracts or com binations that merely prevent or diminish competition among those contracting or com bining, without restraining the trade or com merce of others and without constituting a monopoly, or an attempt to monopolize, prohibited by the second section of the anti trust act. In the opinion of the writer, it is not desir able to amend the act until the Supreme Court shall have decided whether its prohibitions apply to contracts and combinations of this last class. If they do not, no amendment of the act would be needed. See Corporations, Interstate Commerce, etc. Papacy. "The Papacy and International Law." By A. Pearce Higgins, LL.D. Journal of Comparative Legislation, no. xx, p. 252 (Apr.). "The Papacy has not been erected into a persona ficta of international law by reason of the fact that Roman Catholic states have continued their intercourse with the Holy See on the same footing as before its loss of temporal power. The tacit acceptance of a situation or the continuance of a practice by a certain number of states is not sufficient to create a position legally binding on other states. The international commissions and unions neither send nor receive envoys; no state accepts their presidents as monarchs; they make no treaties. They are express creations of the Powers for the better fulfill ment of certain special purposes for the com mon benefit of all. The Papacy is unlike these international commissions in all respects. The Pope is an individual." Philippines. "The Conditions and the Future of the Philippines." By Erving Winslow. 189 North American Review 708 (May) . "The handwriting on the wall, as the AntiImperialists read it ten years ago, has been fulfilled according to their interpretation. The growth of foreign Imperialism has coincided with the militarism, centralization and arbi trary assumption of executive power at home against which protest is at last arising all over the land."

Practice. "The Organization of a Legal Business: XIX, Accounting Methods—II." By R. V. Harris. 29 Canadian Law Times 480 (May). "Whatever the ability of the bookkeeper, reliable independent audit of the books should be made from time to time, depending on the size of the business—a trial balance should be a matter of great frequency, and the cash should be balanced every day." Belgium. "The Bar in Belgium." By E. S. Cox-Sinclair. 34 Law Magazine and Review 257 (May). "If one wished to institute a comparison between the bar in Belgium and the bar of the United States, one would be bound to observe the great capacity for progressive action in connection with constitutional evo lution which each order has displayed. It will be recollected that the United States of America in the first half of the 19th century was emerging into a position of high inter national respect, whilst in the early part of the 19th century the neutralization of Bel gium became effective. The bar of the United States has had its energy largely occupied by the fashioning of a Constitution and the evo lution—out of a large number of sovereign states—of a world-power, and—out of a large number of separate jurisdictions—of one authority. The bar of Belgium has been de voting much of its activity to the evolution of juridical ideas, and of late, as a collateral matter of interest, to the federation of the branches of the profession throughout the world. The counterpart is perhaps found in the difference between the contemporaneous development of a system of private inter national law out of a conflict of laws which the peculiar position of the United States has advanced, and of a system of public inter national law out of a collection of rules of positive morality which the international neu trality of Belgium has assisted to forward. In each instance the bar has had a part to play—in a manner in regard to which there is no analogy in any other country." United Kingdom. "Civil Judicial Statistics, 1907." 34 Law Magazine and Review 316 (May). "Perhaps the most remarkable feature in the figures dealing with the County Courts is the large increase in proceedings under the Workmen's Compensation Acts. The num ber of arbitrations has risen from 2,532 to 3,330, and the memoranda registered from 5,171 to no less than 9,349." Procedure (Criminal Remedies). "Restitu tion or Compensation and the Criminal Law." By Lex. 34 Law Magazine and Review 286 (May). "The proposal made—at least by Sir Robert Anderson—is, that on the conclusion of every criminal trial in which the prisoner is con victed, the jury should at once proceed to

This article is issued from Wikisource. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.