Page:The Green Bag (1889–1914), Volume 23.pdf/686

 Index to Periodicals Article: on Topics of Legal Science and Related Subjects

the issues of fact were actually left to the jury for their determination. The unfortunate May brick trial did a great deal to prejudice the

American bar against English methods in crimi Agency. "The Real Estate Broker and His Commissions." By Prof. Floyd R. Mechem, Chicago University. 6 Illinois Law Review 145

nal trials.

(Oct.).

“The Indictment and Its Preparation in Illinois." By Thomas Marshall. 6 IllinoisLaw Review 162 (Oct.). The inference to be drawn from this article is that in some respects the Illinois system may la too much stress on formal technicalities. “ emernber that the indictment has to do with all of the substantive law, much of the procedural

First instalment of a succinct statement of

the law in numbered sections with elaborate footnote annotations.

Commerce Court. “Equitable Jurisdiction of Commerce Court over Dismissal Orders of Interstate Commerce Commission." By Paca Oberlin. 73 Central Law Journal 259 (Oct. 13). Discussing the jurisdiction of the new Com merce Court particularly with reference to its decision in Proctor E’Gamble Co. v. U. 5., July 20, 1911. "Considering then that the true meaning and effect of a dismissal order of the Commission is a ﬁndin that no cause has been made out for its inte erence under the acts to late inter state commerce and that the jurisdiction of the Commerce Court is limited to speciﬁc classes of cases for speciﬁc purposes the conclusion seems inevitable that the United States Commerce Court has no jurisdiction upon general equitable rinciples to review a dismissal order of the nterstate Commerce Commission."

We believe that that case was excep

tional; certainly the present trial was conducted in an entirely different spirit."

law, and with the facts of each case.

Study the

facts and the law and be sure to aver ele ment of the crime in the statute. Look out for clerical errors, dates, signatures, and name of parties, and avoid misjoinder. Having done all this, lay down your pen and await calmly the inevitable motion to quash." Defamation. "Publication of Libel by Communication to Stenographer." By John Caldwell Myers. 26 Bench 8 Bar 105 (Sept.). Pullman v. Hill (1891), 1 Q. B. 524, and

Gambrill v. Schooley, 93 Md. 48, together with some other cases following their authority, seem to be the source of this strange rule. "Even if it be conceded that the harsh rule laid down in Pullman v. Hill and Garnbrill v.

Corporations. See Property and Contract.

Schooley is technically correct. it cannot be

Criminal Procedure. "Trial for murder in England." 45 American Law Review 641 (Sept. — Oct.).

doubted that the strictness of the rule will eventually be relaxed by judicial interpretation, or modiﬁed by legislative enactment. to meet the new conditions arising from the necessities of modern business. Pullman v. Hill has already been greatly limited by subsequent English

On July 4, 1910, ohn Alexander Dickman was

tried before Lord oleridge for the murder of a cases, and has been followed by the Canadian paymaster in the employ of a collier and was courts with great reluctance. Gambrill v. convicted on circumstantial evidence. The case Schooley has been approved by the courts of is fully reported the arguments and testimony Alabama and Virginia. it is true, but it by no being included. It is doubtful if a case more means follows from this that the question has interestingly typical of English criminal procedure been deﬁnitely settled in this country. In Owe-n could have been selected. ’ v. J. S. Ogilvie Publishing Company (32 App. “It is desirable," says the New York Law Div. 465), the New York Supreme Court has Journal (v. 46. p. 260, Oct. 18), “that members taken a step in the right direction by holdin of the bar carefully read the report, noting that where the person dictating the letter an particularly the attitude of the trial judge and the stenographer are common servants there is the active part he took as well as the co-opera no publication." tive spirit of counsel is ofﬁcers of the court. Evidence. "The Value and Admissibility of Undoubtedly the presiding judge displayed more initiative throughout the roceeding and Photographs as Evidence." By W. C. Rodgers. went futher in aﬂirmatively gui ing the jury in 73 Central Law Journal 241 (Oct. 6.). his summing up than is customary in America "It is very clear that it would be a reversible or indeed than probably would be tolerated outside of the federal and perhaps a few other error to permit a photograph to be introduced in evidence without some evidence of its correct American courts. We believe, however, that no unprejudiced lawyer could read this summing ness. Sellers v. State, 91 Ark. 175, 180." up without being impressed not only with the Federal Practice and Procedure. See Mo great ability with which the evidence was mar nopolies, Procedure, United States Courts. shaled, but also with the fairness with which