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The Green Bag

men, fighting the battle of life beneath other skies.-" "Benefit of Clergy." By Edward T. White. 46 American Law Review 78 (Jan.-Feb.). "There is no doubt but what the benefit of clergy bred much crime and operated, for cen turies, as a great impediment in the impartial enforcement of the criminal laws of England and the United States." See International Law of War. McNamara Case. "The McNamara Sen tence Justified." By Francis J. Heney. 2 Journal of Criminal Law and, Criminology 731 (Jan.). "The action of District Attorney Fredericks and Judge Bordwell was right, because the aim of the criminal law ought to be and is to promote and secure the general welfare of organized society and because the pleas of guilty by the McNamaras, with the swift and mercifully moderate punishment which followed, are better calculated to promote and secure that general welfare than long drawn out trials, with the attendant and inevitable evils which I have described, could possibly have done." See Professional Ethics. Mining. "Changes in the Illinois Mining Law." By J. E. Thomas. 6 Illinois Law Review 395 (Jan.). The statute of 1911 has made some radical changes, which are here pointed out. Monopolies. "Tulkv. Moxhay and Chattels." By James Edward Hogg. 28 Law Quarterly Review 73 (Jan.). "The case of McGruther v. Pitcher (2 Ch. 306, 1904) must, apparently, be taken as establish ing an exception to the general rule, laid down in National Phonograph Co. of Australia v. Menck [23 Green Bag 596], that a purchaser of patented articles is bound by restrictive condi tions imposed by the owners of the patent rights when he purchases with notice of those con ditions. The exception appears to be expressed in the proposition that it is only the patentee who can enforce observance of restrictive con ditions, and that a licensee from him cannot do so. "Subject to this exception, then, the benefits of the doctrine laid down in Tulk v. Moxhay (2 Ph. 774, 78 R. R. 289) with respect to land have been obtained for the owners of patent rights with respect to chattels produced under the patent-grant, though the juridical theory on which these rest is not the theory of Tulk v. Moxhay." A closely related phase of this subject is also discussed in : — "Patented Articles: When are they Emanci pated from the Patent Monopoly under which they are Manufactured?" By Walter H. Chamberlin. 6 Illinois Law Review 357 (Jan.). "If this price restriction cannot be enforced under patent authority it is, under the statutes of many states, and, in my opinion, at the com

mon law, illegal, and the public are being forced to pay exorbitant prices for articles, the retail selling price of which would be materially re duced under natural and healthful competition if unrestricted by false doctrines concerning patent monopolies." "The Enforcement of the Anti-trust Law." By Attorney-General George W. Wickersham. Century, v. 83, p. 616 (Feb.). "It has been proposed — and the President has stated that he sees no objection to it — that the law might be supplemented by specifying some of the specific acts which have been ad judged by the courts to be embraced in the phrase 'undue restraint of interstate trade," in order that merchants may have before them in codified form a clear enumeration of certain things they may not do, and be thus relieved of the so-called 'glittering generality' of the statute. The difficulty of carrying out this suggestion will be found when the draftsman comes to write such a statute. I am inclined to think that formulating the various kinds of unfair trade and undue restraints of trade which would properly be included in such a statute will add little new to the popular understanding of the meaning of the Sherman act, although, as the President suggests in his message, it may result in shortening the task of the prosecuting officers of the Government." Patents. See Monopolies. Penology. "The State's Authority to Pun ish Crime." By Harald Hoffding. 2 Journal of Criminal Law and Criminology 691 (Jan.). "The theory of education and the deterrent theory are both directed to the end which must necessarily be aimed at in relation to transgressors of the law. Both must be united in a perfect theory of punishment. The punishment will then at once be effective in changing the char acter of him who is punished and be an example of the fact that the rules of law must not be broken. The individual who is punished will thus appear at once as end and as means. To carry out such a conception there will certainly be needed an art and a knowledge of human nature which is not yet at our disposal. It is only in more recent years that we have begun to study prisoners and imprisonment in a scientific way. But the decisive standard for the perfection or imperfection of the essence of punishment will yet be obtained from the degree in which success has been reached in combining education and deter ment." Pleading. See Procedure. Police Administration. ' The Boston Police Department." By George H. McCaffrey. 2 Journal of Criminal Law and Criminology 672 (Jan.). Valuable not simply as a study of a local situation, but for the light thrown on the general subject by comparison with approved standards, by criticism of defects elsewhere overcome, and by the proposal of remedies suggested by the experience of other great cities.