Page:The Green Bag (1889–1914), Volume 23.pdf/632

 The Green Bag

592 "(4) Hence,

if

anything,

legislation

only

requires the present complete and absolute separation of law and equity in federal procedure. . . . “in some ways the federal courts are much better situated to allow this desirable practice without legislation than was the Sn reme Court of New Hampshire. in the federa courts, the practice at law by statute conforms to the state

practice, which almost everywhere allows amend ment from law to equity or vice verso. The practice in equity, by statute, is subject to regulation by rules of court. With full legal and equitable jurisdiction in all the federal courts, it would seem that, unless the long line of dicta above quoted afford an insuperable obstacle, the power to make equity rules might well be invoked and obviate the interference of Congress. Moreover, there is good federal

maintaining himself in as favorable a position as before, not through any increase of the prices on his manufactured goods, but through a general reduction of the rate of interest. Interest always tends to equal the product that can begotten from the marginal part of social capital. Torrens System.

“Title Insurance Which

Does not insure." By Gilbert Ray Hawes. Insurance Times, v. 44, p. 251 (Sept.). "It is a well-known fact that every policy of title insurance is so loaded down with exceptions in Schedule B, and long conditions printed in fine type on the bark of the policy, that it is almost impossible to compel the title insurance companies to pay any loss or damage.

It is

only where a suit has been actually brought for trespass, eviction or ejectment that the title

recedent for

insurance companies agree to defend the same.

such amendment without even a ederal equity rule. (Schurmeyer v. Life Ins. Co., 171 Fed. 1.)" Public Ownership. “Aspects of Public Ownership, III." By Sydney Brooks. North American Review, v. 194, p. 541 (Oct.). “The superiority of private over municipal trading in all that appertains to the business side is a factor of the utmost moment and must be held to go a long way towards justifying the exclusion of local authorities from competitive industries." Real Property. See Torrens System. Social Reform. “What of the Individual?"

by bonding the property, and, consequently, the property holder ﬁnds himself with a law suit on his hands which may continue for years, and during which time he can neither sell nor mort gage his property." “Massachu Workmen's Compensation. setts Workmen's Compensation Act." 15 Law: Notes 105 (Sept.). A detailed synopsis of the Massachusetts act, to which is appended the opinion of the Justices of the Massachusetts Supreme Court sustaining its validity.

By Samuel P. Orth, Assistant United States Attorney, Cleveland, Ohio. North American

Review, v. 194, p. 517 (Oct.). "Every function of society, governmental, social, religious, and economic, will ultimately bring its inﬂuence to the adjustment of the balance between the individual and the group. It can be no artificial ad'ustment, it must be a natural co-operation. ociety must not be robbed of the incentive to individual effort and reduced to a common and degrading monotony, a listless indolence fed by the state. Nor can it remain the prey of plutocratic greed. People are not to be plundered, nor are they to be

But they do not agree to cancel the li: pendent;

Miscellaneous A rlicles of lnleresl to the Legal Profession Biography. Gentilis. “Albericus Gentilis." By Thomas Willing Balch. 5 Journal of Inter national Law 665 (July). “Grotius himself acknowledged his t in debtedness to Gentilis,

and as

Hallarn

has

pointed out, the arrangement of the ﬁrst and third books of Grotius treatise on ‘The Law of War and Peace’ is practically the same as that of the work of Gentilis on ‘The Law of War.’"

plunderers, but to be co-workers."

State Insurance. See Old Age Relief. Taxation. “Taxation and Natural Law." By Prof. John Bates Clark. Columbia Univer sity.

Atlantic, v. 108, p. 485 (Oct.).

As a substitute for a. system of taxation wrong in principle, taxing individuals on what they own, Professor Clark proposes a system through which, in accordance with the operation of an economic law, invested wealth may be made to pay taxes with the same fairness to individuals as if the owners of such wealth could be identi lied and personally taxed on their holdings. His plan is that the state tax all instrumentali ties of roduction. The effect would not be to diminis the entire fund of capital in use, but to keep it intact; nor would the proﬁts of pro

ducers be diminished by the burden. which would be shifted to owners of capital- the producer

Jellinek. "Georg Jellinek." Editorial. Journal of Internalional Law 716 (July).

5

Professor Jellinek, one of the leading authori

ties of the world on political science, died last January, at the age of sixty. He was the son of an Austrian Jewish Rabbi and theologian, and succeeded Bluntschli at the University of Heidelberg. “Dos Recht des Modernen Staates" (1900) was his greatest work. It "represents the goal of Professor Jellinek's efforts-the sum mary of his many notable achievements. It is a storehouse of condensed learning, a model of

scientiﬁc method, a masterpiece of juristic research." Besides being a man of most profound intel lect, Jellinek was also a splendid type of the

university teacher, taking an affectionate inter est in all the students his great reputation gathered about him.