Page:The Green Bag (1889–1914), Volume 23.pdf/463

 Index to Periodicals to be directory, not mandatory.

In the appel

late court, the accused should be allowed to

complain only of an abuse of the trial court's discretion in passing upon such questions. Even if the trial court erred in preventing him from producing proper evidence or in admitting incompetent evidence or in giving an erroneous instruction, at new trial should not be ordered, unless the court has a reasonable doubt of his guilt or unless the trial court abused its dis cretion. "(5) The press should be allowed to publish only a report of what actually occurs in court. It should not be allowed to exploit, in a sensa tional way, the anticipated evidence in cases to

be tried or to publish exaggerated or biased accounts or to express opinions of a case actually on trial. “(6) Jurors should not become disqualiﬁed because they have read of the crime in the newspapers or heard rumors about it or formed hasty opinions on such newspaper reports or rumors, if they can still, in the opinion of the Ludge, give the accused a fair and impartial earing. The present method of allowin law yers to spend days and weeks and months in the interrogation of jurors should be forbidden. It is an abuse that makes a fair trial almost impos sible, that eliminates the most competent jurors and that brings the courts and the law into con tempt. At common law, in olden times, juries were selected from the neighborhood because the were presumed to know some of the facts at

east.

"(7) Ex

rt testimony should be carefully

lated; ired partisan experts should be care fu ly tested and scrutinized by the court; their number should be limited; and their fees re u

lated. They should not be allowed to have ig fees or contingent fees to warp their sworn opinions. "(8) Nine or ten jurors should be allowed to

render a verdict. Unanimity is obtained only by a compromise of conscience in most cases. One or two corrupt or stubborn or ignorant jurors should not be allowed to prevent a ver dict. The appellate court can protect the inno cent. A majority verdict was allowed by the ancient law of Rome and is allowed now by the modern law of Germany. "(9) The accused should be allowed to remain

silent, but his silence ought to be a fair subject for comment. The state should have the right, in an orderly way, to compel him or any one else to produce any paper or thing that may be important in the trial. "(10) Perjury should be more promptl prose cuted and punished. It is a growing evi and an awful hindrance to justice. "(11) Jury service should be exacted of our

429

insane or unavoidably absent witness of a former trial 'should be competent evidence in a second trial. ' Public Service Corporations. "State Con trol of Public Utilities." By Bruce Wyman. 24 Harvard Law Review 624 (June). "As time goes on, one ﬁnds himself almost

among the conservatives in standing by the original pro ram for state control. And yet one may stil hope that the state will as far as possible conﬁne itself to regulation, leaving the companies to work out their own problems of management. State control need seldom go further than regulation in this sense. What ever the companies may do should be subject to immediate revision by the constituted authori ties. There should be swift re ration provided for any individual who has an ered harm in the meantime. And that should be the full extent of governmental regulation, generally speaking. When the state goes further, and attempts to dictate as to the policies which the companies shall adopt, it usually goes too far. islation goin to this extent really crosses the line which divi es state control from state operation." "Nine Years’ War with Privilege." By Tom L. Johnson.

Hampton's, v. 27, p. 3 (July).

"Private ownership not only operates to ex clude a comparatively small group of able men from public service, but it extends its inﬂuence

to that larger body — the electorate, the people asawhole. . . . Municipal ownership will work betterment in service, reduce its cost to the people and purify politics by extinguishing a powerful interest hostile to good government. Only through municipal ownership can the gulf which divides the community into a small domi nant class on one side and the unorganized people on the other be bridged." See Legal History, Interstate Commerce, Rail way Rates. Railway Rates. "The Legal Basis of Rate Regulation, I." By Edward C. Bailly. 11 Colum biaLaw Review 532 (June).

HIt has been said that, ‘There has been no reement of all the authorities on this question.’ his statement, though literally true, is substan tially inaccurate. In practice it is well settled that the value upon which a public service com pany is entitled to a fair return is the present value of its property devoted to the public use. This rule, properly applied, is sufficient for the determination of every question that arises in connection with rate regulation. Diﬂiculties arise principally with respect to the weight to be given to the various factors in the problem."

best citizens; but the jurors should be treated

with more consideration. "(12) The state should have the same num ber of peremptory challenges as the accused and the number should be smaller. Either par ty should have a right to a change of venue when a fair trial can not be obtained in the count where the accused was ﬁrst charged with the 0 case. "(13) A transcript of the evidence of a dead,

Religious Freedom. “Religious Liberty and Bible Reading in Illinois Public Schools" (con clusion). By Henry Schoﬁeld. 6 Illinois Law Review 91 (June). "The principle of non-divisive, non-denomi

national or united-Christian Bible reading in the ublic schools always has been tolerably satis actory to the members of most Protestant