318

The Green Bag

Religious Freedom. "Religious Liberty in the United States." By Justice Andrew Alex ander Bruce. 74 Central Law Journal 279 (Apr. 19). "Freedom of religious thought and candid discussion and argument must, we believe, always be protected and guaranteed. In spite of the dicta of the so-called Girard Will Case, we believe that a bequest which should seek to create an institution in which a non-Christian religion should be taught would now be sus tained, but it is questionable whether one would be sustained which should provide for the teaching of theories or practices which should be antagonistic to the basic morals of Chris tianity. With Mormonism, for instance, as a religion, the law can constitutionally find no fault, even though its priests may deny the authority of the Christian Scriptures, or the divinity of Christ. If, however, the Mormon under the color of religion, endeavors to teach the principles of polygamy, which is opposed to our moral senses and to what is the same thing, the morals taught by the New Testa ment, the courts can, perhaps, interfere, or at any rate, refuse their sanction and aid when called upon to enforce contracts or to validate testamentary bequests." Roman Law. "The Gaian Fragment." By Joseph I. Kelly. 6 Illinois Law Review 561 (Apr.). "The writer contends that his translation — 'every right that we exercise pertains either to persons, to things or to actions' — is supported by grammatical and logical interpretation. Every word is given its obvious meaning without ellipsis, addition or paraphrase. The translation concedes to Gaius a conception of rights which only the vanity of the moderns would deny him." Shelley's Case. "Application of the Rule in Shelley's Case Where 'Heirs' in the Remainder to Heirs is Used as a Word of Purchase and Not as a Word of Limitation." By Albert M. Kales. 28 Law Quarterly Review 148 (Apr.). Two conflicting theories are pointed out, one found in the English decisions, the other held by the Illinois Supreme Court. Neither theory, says Mr. Kales, should triumph over the other; "there should always be, in every jurisdiction, the possibility of getting results according to each theory until all possible variations which may occur have been passed upon." See Real Property. Torts. "Actions Arising Out of Injury to Both Person and Property." By William H. Loyd. 60 Univ. of Pa. Law Review 531 (May). "Where a person is injured physically and his property is also injured by the same wrong act, does there arise but one cause of action for damages, or are there separate and independent

causes of action, one for the injury to the person and another for the injury to the property?" Trusts.

See Cy Pres.

Workmen's Compensation. "A Problem in the Drafting of Workmen's Compensation Acts. III." By Francis H. Bohlen. 25 Harvard Law Review 517 (Apr.). "It seems evident that the adoption of the phrase 'arising out of and in the course of the employment' is not calculated to secure cer tainty in the application of such acts, and so to prevent litigation or to el iminate fault on the part of the parties as a factor decisive of lia bility. ... It would be altogether better, in view of the very unfortunate results attained in Great Britain, ... to select some other words appropriate to accomplish the object in view, using the language of the English act as indicating what to avoid rather than what to copy. . . . "The present article is meant solely to direct the attention of future legislators to the dangers that lurk in the blind assumption that since the English act has been in force for some years unamended, therefore it has worked satis factorily and can be safely copied, and in the hope that with this plainly in view a more satisfactory phraseology can be found. There has been no lack of legal ability on the part of those who have drawn the acts already in force, and no doubt the problem would now be satisfactorily solved had not the question of the constitution ality of the whole scheme absorbed practically their entire attention to the exclusion of mere matters of draftsmanship." "The Economic and Legal Basis of Compul sory Industrial Insurance for Workmen, II." By James Harrington Boyd. 10 Michigan Law Review 437 (Apr.). Containing a full discussion, especially from the consitutional side, of the effect and legal validity of the Ohio Industrial Insurance Act of 1911, which is founded upon the German Industrial Insurance Law of 1884, which has been adopted in a more or less modified form in most European countries. "The Dangers of State Insurance." By Hugh Hastings. North American Review, v. 195, p. 630 (May). "For the state of New York or any other state in the United States the only law that seems applicable for the moment is one of simple com pensation as a substitute for all other remedies except the common-law right to recover, through the civil courts, just damages for the conse quences of wilful and unpardonable negligence. To make this law a compulsory one is as repug nant to the idea of the free-born American citi zen as federal ownership of the railroads; there fore, while this law should be compulsory in effect, it should be elective in fact, and each employer, while required to insure, should be given the choice of doing it in the way most adaptable to his surroundings."