Page:The Green Bag (1889–1914), Volume 23.pdf/387

 Index to Periodicals ﬂrticles on Topics of Legal Science and Related Subjects Administration of Justice.

See Criminal

cation of the trust funds to purposes which are on their face, individual and personal. . . . “Where there is an actual application to a debt which the trustee personally owes the bank, or to any other debt which is a personal

Proced ure.

Agency. "An Agent's Right to Sue upon Contracts." By Floyd R. Mechem. 59 Univ. of Pa. Law Review 517 (May). The ﬁrst instalment of an article in two sec tions, concisely setting forth in text-book style the law governing this subject. Armaments. "Relation of Treaties and Armament." By Major-General W. H. Carter, U. S. A.

North American Review, v. 193, p. 801

(June). "There is nothing offensive from a diplomatic standpoint in treaties involving defensive alli ances, but when the signatory nations are among the recognized great world powers the effect on the others is instantaneous, for having com

merce of their own to extend and protect they are goaded to preparation for the possible con tingencies of war. . . . "While international agreements are usually entered into for the purpose of avoiding causes of friction, no general peace movement can be made so effective as one looking to the elimina tion of treaty articles which directly provide for allied war whenever the indeterminate sphere of inﬂuence of either contracting party is inter fered with." “If the United States Should go to War." By John Bigelow, Jr. Atlantic Monthly, v. 107, p. 833 (June). “Let us believe that there is a suﬁiciency of men and of ammunition for the eﬁicient work ing of the armaments. There can still be no reater delusion than to think that our seacoast orts constitute a protection to our coast-lines." See Panama Canal Fortiﬁcation. Asylum. "The Right of Asylum." By G. Addison Smith. 27 Law Quarterly Review 199

(Apt) Banking Law. “Liability of Banks Receiving Checks to a Trustee's Order for Deposit in His Individual Account." By Harold C. McCollom. 11 Columbia Law Review 428 (May). Discussing Niagara Woolen Co. v. Paciﬁc Bank (141 A p. Div. 265), which is the present law of New ork State, and other cases. When this case comes before the Court of Appeals, the writer thinks that among four ssible alterna tives the following is the one t at it would be preferable ment belowto and adopt: hold"Itthat maythe reverse bank the is liabe jud only where it has notice from a payment to itself or otherwise that there has been an actual appli

obligation of the trustee, there is, prima facie, a mis-appro riation which the bank should not be allow to disregard. The line of demarca tion between an application to personal uses and a deposit in the individual account may seem to be rather vague; but there does seem

to be a legitimate distinction between the two cases in that moneys of an individual account are not necessarily applied to personal debts, whereas in the case where the liability should exist there is no question that the use made of the check is personal." Capital Punishment. “Should Capital Pun ishment be Abolished?" By Maynard Shipley. 2 Journal of Criminal Law and Criminology 48

(May) The writer considers the restoration of the guillotine in France to have had a pernicious effect in increasing crime. “M. Deibler resumed his active duties as public headsman on the morning of January 11, I909. . ..

Durin

the month of March, after

several executions ad taken place, no less than ﬁft —seven murders and one hundred and eighty-nine robberies were reported by the French press. During the preceding Novem ber, before the revival of the

‘lean widow,'

as the guillotine had been facetiously dubbed, when cold and hunger were gripping the poor and driving them to crime, fewer than twenty cases of murder, and only forty-three cases of robbery were reported." See Penology. Civil Service Reform. “The Story of a Post-oﬁice Clerk: The Experience of a Young Woman in the Civil Service of the United States." By Charles W. Eliot, LL.D. McClure’s, v. 37, p. 178 (June). "The moral of this story is plain. A young woman, well born, well brought up, intelligent, better educated than nine-tenths of American children, and of irreproachable character, dem onstrates by ﬁve years of service as assistant in two post-offices that she is fully capable of discharging well the duties of a stmaster. By ﬁdelity and intelli ence she reac es :1 good posi tion in the Unite States Post Oﬂice-that of postmistress in a third-class ofﬁce —only to be deprived of it by the action of local political managers through the administration at Wash ington. . . . The case was not an exceptionally hard one. All appointees on political grounds are liable to just such treatment." Codiﬁcation. "The Resurrection of our Criminal Code." By H. J. Randall. 27 Law Quarterly Review 209 (Apr.).