Page:The Green Bag (1889–1914), Volume 21.pdf/191

 170

The Green Bag

Legal Education. "Jurisprudence and Legal Education." By W. Jethro Brown. 9 Colum bia Law Review 238 (Mar.). The author confesses that jurisprudence, as taught in English law schools, has not commanded the respect to which it would otherwise have been entitled, because of the absence of any clear conception of the pur poses which the study would serve, the undue importance which has been attached to the theory of legal classification, an excessive regard for legal technique, and the unfavor able influences of Continental theories of natural law. Austin's "Jurisprudence" has been respon sible for these defects to a greater extent than any other single work, but it should neverthe less be read by law students, and other books of the greatest value to the student are Iherings's "Der Zweck im Recht" and Pro, ., s,.TLaw and./->_.. Enplafitn" t? i fessor Opinion in ' r Legislative Procedure (Agreements against Public Policy). "Trade Unions and Parliamen tary Representation." By Arthur Henderson, M.P., and J. Ramsay MacDonald, M.P. Contemporary Review, v. 95, p. 173 (Feb.). Discussing the question raised by the deci sion of the Court of Appeal in Osborne v. The Amalgamated Society of Railway Servants, wherein it was held that no trade union may make it obligatory upon its members to sub scribe to funds administered for the purpose of securing Parliamentary representation, on the ground that an agreement whereby any person may bind himself to vote in a certain manner "to be decided by considerations other than his own conscientious judgment at the time" is against public policy. An appeal from this decision was taken to the House of Lords. Legislative Procedure (Canada). "What are the Functions of a Provincial Legisla ture?—The Distinction between Public and Private Purposes." By W. E. O'Brien. 45 Canada Law Journal 137 (Mar. 1). Mines. "Lode Locations: A Specific Ques tion of Extralateral Rights and a General Theory of Intralimital Rights." (Continued from 22 Harv. L. Rev. 288). By Henry New ton Arnold. 22 Harvard Law Rev. 339 (Mar.). "All courts," says the author, "even those which deny the common-law right rule, are agreed that there is a presumption of owner ship in the owner of a surface to all ore under-
 * Dicey

lying such surface," but this presumption is based upon "another presumption, one of fact,—namely, that all ore underlying the surface is presumed to apex within the loca tion." It therefore devolves on a claimant to prove that the ore does not apex within the location. "Further than this all the courts are not agreed. The great majority of cases wherein the common-law right is recognized at all, however, are to the effect that, the ore having been proved not to apex within the over lying location, the burden of evidence does not thereupon shift back to the owner of the overlying surface, it devolving upon him to prove that the ore does not belong to another, but remains with the claimant under an alleged apex right, it being necessary for h.m affirmatively to prove further that he him self owns the ore, or at least that some one other than the owner of the overlying surface owns it." „ ,. ., Monopolies (Sherman Act)

i orooration an ... Mineral, i_ nnik/ "Is a Large corporation an Illegal Combination or Monopory*under the Sherman Anti-Trust Act?" By Pro?! George F. Canfield. 9 Columbia Law Review 95 <Feb.). "We must fot permit our passions and our indignation ovel^jevils, some real, some imagi nary or largely exaggerated, to tempt us to the violation of til* fundamental rights of property. . . . The guilders of our national prosperity, and investors, great and small had a right to rely upCP the Knight case [U. S. v. l.C. Knight {1895) 156 U. S. 1] and the reassuring words of MT; Justice Brewer in the Northern Securities cas*- . . . That this assault upon vested interest.13 should be made by the federal government; Whose func tion is impartially to protect the ri£hts of all citizens, is specially deplorable. . . The reader will find this article an inVrest~ ing discussion of the principles enunc,:,ated by the United States Supreme Court in rec:ent cases dealing with the Sherman Act a*"*1 restraints of trade.

Newfoundland Fisheries. "The Preroga tive Right of Revoking Treaty Privileges to Alien-Subjects." By Justice Hodgins. 29

Canadian Law Times 105 (Feb.). The reader will find in this article a vigor ous argument on the British side of the New foundland fisheries controversy. Referring to Mr. Root's claim that American fishermen are by treaty exempted from the operation of local fishery laws applying to the coast-waters of Canada and Newfoundland, the author observes that Mr. Root— "appears to be unacquainted with the doc trines of British law which govern all parts