Page:The Green Bag (1889–1914), Volume 18.pdf/335

 3o8

THE GREEN BAG

fathers should be repressed rather than stimu lated. The great success of the constitution arose from the wisdom of its framers in prin cipally employing generalizations and ab stractions and confining even them largely to matters of English political experience. The liberal interpretation of John Marshall was almost as important. He believes that in our general relations with foreign nations our policy will continue to be dictated by our own inter ests, and likewise in dealing with men of im perfect or different civilization. PRACTICE. " What are Obiter Dicta?" by M. J. Gorman, Canadian Law Review (V. v, p. 152). PRACTICE. " Suit by Assignee on Official Bond," by E. M. Fulton, Virginia Law Reg ister (V. xi, p. 867). PRACTICE. " Is a Party to an Action Immune from Service of Civil Process while Attending Court in a State other than that of his Residence? " by Sumner Kenner, Central Law Journal (V. xlii, p. 280).

PROPERTY. " Whether a grant by Deed of a Fishing and Hunting Right is Limited in its Scope to the Conditions within the view of, and Surrounding the Parties at the Date of the Deed, or is to be Construed Relative to the Advancement of Society and the Improvement in Facilities affecting the Exercise of the Granted Right? " by A. H. Robbins, Central Law Journal (V. xlii, p. 238). TORTS. " The Intent in Libel," by John King, K. C., Canadian Law Journal (V. xlii, P- 209). TORTS. " Accidents du Travail," par J. J. Beauchamp, Rci'ue Legate (i: xii, p. 103). TORTS. " Presumptive Negligence, " by Silas Alward, Canadian Law Times (V. xxvi, p. 191). TORTS, (see Admiralty, Equity).

WITNESSES (Expert Testimony). "Ex pert Testimony from the Standpoint of the Witness," by Albert S. Osborn, reprint from Albany Law Journal (V. Ixvii, no. n).

WITNESSES (Expert Testimony). In the April Michigan Law Review (V. iv, p. 413) PRACTICE (Evidence). " The New Act Concerning Demurers to Evidence," by Hon. H. B. Hutchins treats of a question that has S. S. P. Patterson, Virginia Law Register (V. been seldom discussed under the title of " The Compensation of Medical Witnesses." It has xi, p. 959)been generally assumed by text writers that PROCEDURE. " In Praise of New Jer such witnesses are entitled to extra compensa sey's System of Courts and Procedure," by tion for professional opinions, but there is Herbert A. Drake, New Jersey Law Journal little authority for the proposition when such opinions are based wholly on assumed facts. (V. xxix, p. 100). The state is as much entitled to the knowledge PROCEDURE (Juries). S. M-. Bruce pub of a medical witness as to that of any other lishes in the March American Law Review citizen, and a refusal to answer may be pun (V. xl, p. 222) an address on " The Jury Sys ished as a contempt. It is otherwise, however, tem," in which he explains the history of its when he is obliged to make special prepara origin and development, criticises its theory tion for his testimony. The author advocates as applied to modern conditions, and concludes some method for compensation by the state that " all logic points to the ultimate elimina and calls attention to the working of a recent tion of every form of jury trial." Michigan Statute for that purpose.