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The Green Bag

anti-monopoly plan. The tracks were free to all. Any,'one who owned a cart with ﬂanged wheels could drive it on the rails and compete with the locomotives. There was a hap y-go lucky jumble of trains and wagons, al held back by the slowest team; and this continued on some railroads until as late as 1857. By that time the people saw that competition on a railroad track was absurd. They allowed each track to be monopolized by one com pan, and the era of expansion be u. .. . “ y a similar process of evo ution, the United States is rapidly outgrowing the small,independent telephone companies. These will eventually, one by one, rise as the team ster did to a higher social value, by clasping wires with the main system of telephony." Municipal Corporation. See Local Gov ernment. Nomination Reform. See Elections. Penalogy. "Ethical Problems of Prison Science." By Prof. Charles Richmond Hen derson, of the Universityjof Chicago. Inter national journal of Ethics, v. 20, p. 281 (Apr.). “As a matter of fact there is no law in any one of our states based upon the prin

ciple of the entirely indeterminate sentence, not even the law drawn for the Elmira Refor rlgatory, where a maximum term is ﬁxed by w.. . . "Many of us conﬁdently believe that much greater ﬂexibilit ought to be given in the administration 0 the sentences of our criminal courts, and that much more ought to be made of the conduct of the prisoner, both in the

prison itself and in the conditional liberty which he enjoys on parole, in ﬁxing the period of his punishment. But we have by no means yet worked out the proper administrative and judicial machinery for making this rin ciple effective in the highest degree. 0 the value of the parole system, when limited to prisoners of the proper category and vigor ously carried out bar-‘l an adequate corps of competent parole o cers, there can be no question." “Concerning Imprisonment: By One Who Has Suffered It." Hibbert journal, v. 8, p. 582 (April). A story, by a man of education, of personal experiences in prison. The writer considers imprisonment a great evil both for the prisoner and for society at large, and says that if peo 1e could realize what it means “they woul free all prisoners by main force, put the personnel at undepraving work and make any continuance of the horrible thing im ssible." he writer has evidently seen the darkest side of prison life. He draws a terrible pic ture of the prisoner goaded to insanity by cruel torrnents, robbed of his self-respect by needlessly humiliating treatment, the victim of a system which does its utmost to encom pass his physical, moral, and mental destruc tion.

He is right, of course, in his contention

that the need for deterrent punishment does

not justify, by any moral principle, a mode of treatment which degrades instead of seeking to rehabilitate the criminal and teachin him the means whereby to earn an honest fiveli hood. The author thus oﬂers, by indirection, a powerful plea for a more scientiﬁc penal system, one which, though subjectin the prisoner to a rigorous and even rm 'tary discipline, and providing only the simplest fare and most unattractive surroundings, takes care that the risoner shall be uplifted rather than deprave, that he shall be oﬂered

the opportunity to develop self-respect and maintarn a sound physique, and that he shall at all times be treated as a man rather than as a brute. See Ethics.

Police Methods.

See Administration of

Criminal Law.

Practice. See Cross-Examination. Procedure. “ ‘Theory of the Case'—Wrecker of the Law, I, II."

By Edward D'Arcy.

70 Central Law journal 294 (Apr. 22), 311 Apr. 29).

An interesting and important series of articles. “The student should be grounded in the great maxims of procedure, like frustra probatur guod obatum non relevat. . . . If maxims ke t is were understood, our re rts would not be as they now are a series 0 unsolvable contradictions, one case recognizing under the "theory of the case rule," as “substantive” rights, everything that crops out in the evi dence, whether embraced in the pleadings or not, and the next case refusing to recognize an right not set out in the pleadings. ‘A case illustrating what is conceived to be the true rule, under the maxim referred to,

that the proof is limited b Crockett v. Lee, 7 Wheat. (

the pleadings, is . S.) 522, in which

Chief Justice Marshall lays down the rule. . . . “A maxim is nothing but one way of ex ressin a principle. ts essence is reason. ere t e reason is that the state must have a permanent record of what was decided, for the use of the whole public, on uestions of res adjudicate and collateral attac. Says Marshall: ‘Not only does justice require rt, but necessity imposes it on courts.’ No need to quote ‘our statute.’ The court's inherent wer is suﬂicient. Nowadays we make ido of ‘our statutes,’ and worship them as blindly as an Esquimo worships IILS totem pole." “Reforms in Judicial Procedure." By Judge Henry C. Hammond. 3 Lawyer and Banker 93 (Apr.). "Let us establish in the diﬂerent states a real ‘Court of Appeals,’ one branch of which shall be exclusively devoted to the review of criminal and the other to civil cases; a court that will take a view of the whole case; a court whose broad powers will enable it to terminate litigation by a ﬁnal judgment; a court in which law making would be incidental