704

The Green Bag

Legal Evolution. "The Lawyer and the Community." By Woodrow Wilson. North American Review, v. 192, p. 604 (Nov.). (See 22 Green Bag 585 for address before the American Bar Association). Legal History. “The Influence of Biblical Texts upon English Law." By John Marshall Gest. 59 Univ. of Pa. Law Review 15 (Oct.). Shows perhaps a tendency to overrate the Biblical influence and to underrate other historical influences, in those instances where there seems to be some conformity of the common law to Biblical teachings. The article has however a good literary savor. "Burgage Tenure in Medieval England 11." By M. de W. Hemmeon. 26 Law Quarterly Review 331 (Oct.). The continuation of a very scholarly and informing essay on a neglected phase of the feudal system (see 22 Green Bag 538). "Hallam and the Indemnity Acts." By T. Bennett. 26 Law Quarterly Review 400 (Oct.). These acts, afiecting the position of Non conformists in the eighteenth century, are chiefly of anti uarian interest. While Hal lam's Constitutional History is commended, in general, for its accuracy, it is found to have erred in certain particulars and to have misled many later writers. "Jurisdiction of the Inns of Court over the Inns of Chancery." By Hugh H. L. Bellot. 26 Law Quarterly Review 384 (Oct.). See Government. Marriage and Divorce. "Marriage, Divorce and Eugenics." By Montague Crackanthorpe. Nineteenth Century, v. 68, p. 686 (Oct.). Arguing for the treatment of marriage not so much as a sacrament or civil contract, as

an institution to be regulated for the moral, spiritual, and social welfare of the race. Legal phases of the subset are intelligently discussed, but no speci c legislation is pro pounded. Monopolies. “Business Enterprise and the Law." By Gilbert Holland Montague. North American Review, v. 192, p. 694 (Nov.). The anti-corporation legislation adopted throughout the United States during the ast generation is here considered to have en unsound and revolutionary. Repressive legislation should be directed "Not against the form of a business organization, nor yet against the power which its efliciency may develop, but only against the use of unlawful means of competition. . . . The princi 1e which should guide all legislation upon t is intricate subject was tersely ex ressed by the committee which drafted the 8orporation Law of Massachusetts in 1903: ‘So far as purely business corporations are concerned, and excluding insurance, financial and public

service corporations, the state cannot assume to act directly or indirectly as guarantor or sponsor for any organization under corporate form. . . . . The state should permit the utmost freedom of self-regulation, if it pro vides quick and eflective machinery for the punishment of fraud. . . .'" "How to Control the Trusts: Three Views." By William Dudley Foulke, Philip H. Farley, and the Editors of the Outlook. Outlook, v.

96, p. 364 (Oct. 15). Mr. Foulke's remedy is givin the federal Bureau of Corporations price- 'ng powers analogous to the rate-reviewing powers of the Interstate Commerce Commission, and he looks upon federal inco ration or a federal license system as ine cacious. Mr. Farley would compel corporations to publish semi-annual statements showing their net assets and net income, and under suitable

conditions, where business has passed the pioneer stage, would apply the Massachusetts s stem of regulation 0 capitalization. The 'tors of the Outlook beheve that govern ment regulation should be extended to all corporations using the public hi hways or controlling blic necessities like uel, light, and food, t at clear statements of corporate finances or regulation of stock issues should be insisted on, and that the physical cost of corporate property should be recognized as a large element in determining its value, and a system of permissive federal incorporation or federal license is suggested as likely best to protect the interests of the public.

"De l'lnfluenoe Economique, Juridique, et Sociale des Trusts aux Etats-Ums." 37 journal du Droit International Pri'vé 1102. “Who is to blame, in the last analysis, for this disturbance of economic e uilibrium? It is undeniable that those to lame are, considered as a whole, the powerful ones in finance, industry and high commerce; for it is they who set the example in practiml affairs, just as their wives do in matters of fashion. Seconded by the complacency of politicians, protected in the majority of cases y high customs duties and by elastic legisla tion, they have by their insolent success and their scorn of law developed in the nation a_ spirit of speculation, and have established false standards of luxury and of morality." "What is the Essence of the Trust Evil?" By W. A. Coutts. 71 Central Law journal 256 (Oct. 14). "Is it not clear that the essence of the trust

evil is the evil which appertains to all great aggregations of wealth,

namely, the over

w elming power which the law confers u

n

the owner, whether the owner be an indivi ual

or a corporation?" See Corporations.

Newfoundland

Fisheries

Arbitration.

"Newfoundland and the Hague Fisheries Awar ." By Beckles Willson. Nineteenth Century, v. 68, p. 719 (Oct.).