Page:The Green Bag (1889–1914), Volume 22.pdf/740

 The Green Bag

706

Full of observations on the general subject of the crimes and punishments of women. “Crimes and Their Treatment." _ By Westminster Review, v. 174, p. 392 (Oct.).

IILeX-II

Dealing largely in generalities, but evi dently written by one who has intelligent sympathy for sound reform projects. See Criminal Law.

Police Power. Health, etc.

See Criminal Law, Public

Political Grimes. “Rebellion." By Henry W. Nevinson. North American Review, v. 192, p. 680 (Nov.). The severity with which states punish the crime of rebellion inspires some readable reﬂections. The author evidently believes that political oﬁenses should not be treated as rigorously as ordinary crimes; and he is in favor of guaranteeing the rights of war to rebels, in the same way as to belligerents. Population.

See Economics.

Race Distinctions. "Negro Suﬁrage in 9. Democracy." By Ray Stannard Baker. Atlantic, v. 106, p. 612 (Nov.). Discussing both the legal and practical aspects of the negro suﬁrage, the author is earnest in his advocacy of equal treatment for the White and colored races; in the spirit of the Fifteenth Amendment, though he is not opposed to restrictions of the suffrage which apply to both races alike. Bate Regulation. “Shall Railway Proﬁts be Limited?" By Samuel 0. Dunn. journal of Political Economy, v. 18, p. 593 (Oct.). “Some consideration ought and must be given to their roﬁts in determining what rates railways s ould be allowed to charge. But there should also be considered the nature of the services rendered; their value to the shippers receiving them; how the proﬁts of the railways aﬁected compare with those of other industrial concerns in the same territory; the densit and nature of the traﬁic; how much the tra c can reasonably bear; how much other railways than those involved charge for similar services and earn on similar rates, etc.

Practice. "How Mechanics’ Liens."

to Draw Notices of By Hervey Drake.

23 Bench and Bar 13 (Oct.).

Treated purely with reference to New York practice. Prize Carriage stroyed 26 Law

Law. "Hospital Ships and the of Passengers and Crews of De Prizes." By A. Pearce Higgins, Quarterly Review 408 (Oct.).

Procedure. "The Appellate Court's Con gested Docket in the First District." By Orrin N. Carter, Justice of the Illinois Supreme Court. 5 Illinois Law Review 152 (Oct.). “In my judgment Bacon's idea as to amending laws should be the lan adopted for procedural reform. He sai : ‘The work which I propound tendeth to pruning and grafting the law and not to oughing u and planting it again; for such) a remove Y should hold indeed for a perilous innovation,

but in the way I now ro und the entire body and substance of t e aw shall remain, only discharged of idle and unproﬁtable or hurtful matter.’ In these matters better results will be obtained if we ‘carry the trowel to build, but not the torch to burn.’"

See Criminal Law. Public Health. "Legal Aspect of Public Health Work in Illinois." By Henry Bixby Hemenway, M.D. 5 Illinois Law Review 157 (Oct.).

The general owers of the states are dis cussed at lengt with reference to constitu tional law, and attention is paid to Illinois matters of purely local concern. Public Policy.

See Osborne Case.

If, in view of these considerations,

the rates seem unreasonably high per se they should be reduced; and if they seem un reasonably low per so they should be allowed to be advanced. The courts have held that railways cannot charge extortionate rates per so, even if they cannot otherwise make

any proﬁt; and it would seem that if they do make reasonable rates it is neither equi table nor expedient to reduce their rates merely because their proﬁts are large. It would seem that the most eﬁective way to get low rates would be not to provide that the reasonableness of a zailway's rates should be measured by the amount of its proﬁts, and that the greater its earnings grew the lower it would have to make its rates, but

to provide, if some practicable way of carry ing out such a plan could be devised, that the reasonableness of the proﬁts should be measured by the reasonableness of the rates, and that the lower a road made its rates the larger should be the proﬁts that it would be allowed to enjoy." “Should Railway Rates be Increased?” By Harrison Standish Smalley, Assistant Professor of Political Economy in University of Michigan. Independent, v. 69, p. 806 (Oct. 13.). The author thinks that the ten months allowed the Interstate Commerce Commission to sus nd rates while their reasonableness is awaiting determination is not long enough; the time required will seldom, if ever, be less than eighteen months. "How the Railroad Works with the Trust, III." By C. M. Keys. World's Work, v. 21, p. 13680 (Nov.). The gist of this article is that the big shippers continue to be favored, and that the issue of fair rates can be met only by