Page:The Green Bag (1889–1914), Volume 23.pdf/345

 Index to Periodicals Marriage and Divorce. "The Evidence of Divorce." By William Marston Weeks. 4 Maine Law Review 179 (Apr.). The third installment of a comprehensive treatment of the law of evidence with respect to actions for divorce. Mistake. "Mistake in the Formation and Performance of a Contract, II." By Roland R. Foulke. 11 Columbia Law Review 299 (Apr.). "Relief from mistake is exceptional, and there fore depends more on the particular principles governing the case in which the mistake occurs than it does on general principles relating to the subject as a whole. Failure to adopt this view has caused a large part of the difﬁculty in the subject. "The distinction between mistake of law and mistake of fact originated in the year 1802, in the notion that the maxim that everyone is presumed to know the law is of general appli cation, and the distinction is still generally observed by the courts. Although some of the greatest lawyers have studied the matter atten tively, no one of them has been able either to draw the distinction between a mistake of fact and a mistake of law, or to discover the principle upon which relief will be withheld in case of mistake of law.

There are, therefore, good

reasons for disregarding the distinction as a mere notion originating in a dictum incompre hensible to the greatest minds, having no support in reason, producing hopeless confusion, and incapable of practical application. It has therefore been assumed in the discussion that there is no reason, at least so far as the law of contract is concerned, for distinguishing between a mistake of law and a mistake of fact. ' The principles involved in awarding the relief which the law affords in the case of mistake in the formation and performance of a contract are minutely summarized in this last installment. Motor Vehicles. "The Violation of Laws Limiting Speed as Negligence." William P. Malburn. 45 American Law Review 214 (Mar. Apr.).

"It is believed the only strictly defensible position to take is that violation of speed laws in which a right of action is not expressly pro vided, is punishable only by the penalty stated and cannot be made the basis of a civil action, cannot alone sustain a verdict in an action for negligence, and is in fact no evidence of negli gence; and that even if a statute providing a penalty for its violation can be regarded as creating a duty between individuals, this rule cannot be extended to ordinances on which most of the cases are based.

It is evident, however,

that the courts have deliberately turned their backs on this position, and it is further evident

that they are likely to continue as heretofore in hopelessly divided ranks." Negligence. See Motor Vehicles, Tort. Negotiable Instruments. "The Hague Conference on Bills of Exchange." By Sir Mackenzie Chalmers, K.C.B.

11 Journal of

ComparatioeLegislalion, no. 24 n.s., p. 278 (Mar.).

315

The Hague conference last summer marked a new departure in private international law, and the beneﬁts will be far-reaching. For, says the author, while England and the United States cannot become parties to the Uniform Law, it will greatly simplify matters, as its adoption will mean that there are to be only two great systems, the Continental and the Anglo-American. See Uniformity of Law. Penology. See Criminal Law. Pleading. See Estoppel, Procedure. Postal Service. "Rate-Regulating Bodies and the Postal Service." By Nathan B. Williams 45 American Law Review 248 (Man-Apr.).

"I cannot believe that Congress ever intended to give to the Interstate Commerce Commission any authority to enquire into or make rates on mailable matter carried interstate by express companies or other carriers. To permit the Interstate Commerce Commission or any other rate-making or rate-regulating body to make rates upon mail matter is to supersede and set aside the work of Congress on the same subject; it is in effect to repeal the laws of Congress, an unheard of proceeding. The effect of such action is to make havoc and create chaos or worse in the administration of the laws govern ing the postal service." Preeumption of Death. "Notes on the Presumptions of Death and Survivorship in England and Elsewhere." By H. A. De Colyar, KC. 11 Journal of Comparative Legislation, no. 24 n. s., p. 255 (Mar.). Dealing by the comparative method, brieﬂy, but not exhaustively, with the law as it exists in En land, and many other countries, including the nited States.

Procedure. “The Federal Equity Practice." By Ralph W. Breckenridge. 5 Illinois Law Review 545 (Apr.). “The federal equity practice ought to be changed in at least the particulars herein pointed out. The changes can be accomplished by a revision of the equity rules. The Supreme Court of the United States has power to make the revision. An appeal to the wisdom and judg ment of that tribunal to bring about such pro cedural reforms as can be achieved in that way will doubtless meet with due consideration." See Pleading. Public Service Corporations. "The Politics of American Business." By Sidney Brooks. North American Review, v. 193, p. 708 (May). “As an example of the advance that has been made and that IS still going on toward an under standing between the corporations and the gubllc, the language used in the middle of March y Mr. Theodore Vail in submitting his annual report to the stockholders of the American Tele hone and Telegraph Company seems to me high y signiﬁcant and auspicious. I have come across nothing, not even in the sane and lumi nous speeches and articles that one has grown