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 Index to Periodicals represented by its leaders Gabriel Tarde, Garcon, and Garraud, seconded by the Russians (liberals in their country). and others, have maintained the necessity of respecting the rights of the individual and of safeguarding them against elastic formulas or arbitrary conﬁnements. This controversy also crops out in the discussions when the German school recommends for habitual criminals an indeterminate preventive conﬁnement after the expiration of the prison tenn, while the other arties declare this pre ventive conﬁnement to contrary to the social and ethical conception of ‘punishment.’ "So the result is that for the real recidivist the principle of the relatively indeterminate sentence has now been adopted. Indeed the principal difﬁculty is not lying here. But it still remains to be settled, even after the con

ference of Amsterdam (1909) and Brussels (1910), how far a legal deﬁnition of ‘danger to the com mon safety,’ covering also non-recidivists, will be agreeable. In this respect much will depend on the shaping of the measures to which this ‘state of dangerousness' is made to lead, and here indeed is the need for a liberal, humane and

intelligent organization of institutions." "The Prevention of Crime and Reformation of Criminals." 36 Law Magazine and Review

315 (May). "This brief sketch of the Probation Act and the Prevention of Crime Act shows that there is in existence a reasoned and comprehensive scheme for dealing with crime. The Probation Act applies to every offender in whose case the Court thinks that probation may be the means of reformation. It is not restricted to ﬁrst offenders, though no doubt in practice it is applied most frequently to them. The absence 0 previous convictions indicates that criminal habits are not ingrained in the character, and that the offender will respond to the inﬂuence of the probation oﬂicer. For the youth or girl who shows signs of becoming a regular criminal, the rolonged discipline and trainin of the Borstal) system provides the means 0 eradicating criminal habits and of building up an honest character. For the professional criminal, the system of preventive detention has been devised with the primary object of protect ing society and with the incidental object of re orming the criminal." See Capital Punishment, Juvenile Delinquency. Perpetuities. “Some Recent Decisions on the Rule Against Perpetuities." By Charles Sweet. 27 Law Quarterly Review 150 (Apr.). ‘ Discussing South Eastern Ry. v. Associated Portland Cement Manufacturers (1910, 1 Ch. 12),

re Earl of Stamford (1911, 1 Ch. 255), re Frost (43 Ch. Div. 246), Whitby v. Mitchell (44 Ch. Div. 85) and re Nash (1910, 1 Ch. 9).

Pleading.

See Estoppel, Procedure.

365

"That corporations -—particularly, again, public service corporations-have been guilty of bribin

witnesses and jurors, have suborned

perjury, ave spirited witnesses away from the Jurisdiction of the court, have made up false books and have destroyed evidence, is well known. “What is the duty of a lawyer connected with one of these corporations which thus violate the canons and principles of legal ethics? Where ever it ends, it begins with the obligation to make an honest and continuous endeavor to educate his client to a proper standard. . . . “What will be the outcome of such legislation [as that of New York prohibiting corporations from practising law] it is not easy to predict. That some correction of existing conditions will some day be brought about goes without saying. g-lere is food for thought for lovers of the pro ession."

See Contingent Fees. Railway Rates. "Railway Rate Theories of the Interstate Commerce Commission." By M. B. Hammond. Quarterly Journal of Economics, v. 25, p. 471 (May). The ﬁnal one of a noteworthy series of papers. Recapitulating his conclusions, the author says: “The Commission began its work with the idea that value of service was the underlying principle of railway rates. It was unable, however, to furnish such a precise definition or explanation of this term as would enable it to be used as a concrete measure of a reasonable rate. . . . "The great advantage which cost a service has over value of service is that it urnishes a concrete standard of measurement. It states a quid gm qua as a reason for makin the charge. . . . he fact that it is universaly accepted in other transactions as a test of reasonableness explains why the Commission has naturally turned to a consideration of costs when the equity of a given rate has been brought in ques tion, and it also explains why railway officials have natural! made cost of service their defence whenever their rates have been attacked. "At the outset of its labors the Commission was not inclined to place much conﬁdence in cost of service as a principle for determining rates. The feeling that rates ﬁxed in this way would revent the free movement of certain comm ities explains in part the attitude of the Commissioners, but the main objection has seemed to be the practical impossibility of determining the exact cost of transporting a particular commodity. . . . The method fol lowed, as we have seen, has been that of compari son. The ascertainable costs of moving a certain commodity have been compared with the costs of moving the same commodity in a difierent manner or under different circumstances. The method of comparative costs does not yield abso

Prisons. See Penology. Procedure. See Criminal Procedure. Professional Ethics. "Ethics and the Corporations." By Robert McMurdy. 6

lutely accurate results but it is oftentimes sufficient for practical purposes and we must remember that economics, like law, does not concern itself with triﬂes. "The method of comparative costs has not always been applicable however. _The Com

Illinois Law Review 54 (May).

mission has then been confronted with the task