Page:The Green Bag (1889–1914), Volume 24.pdf/52

 Index to Periodicals hands of the Registrar the more complex trans actions with land, the .mortgage and the settle ment, leaving him the simplest only, the sale. . . . The experiment which has to be tried is, whether a Register based on simple and logical lines, in which every transaction is effected on the Register, and on the Register alone, can be made to succeed in England, as it has done on the continent and in Australia. This, it is be lieved, is the only type of Register which could supersede the old system of conveyancing." Trusts. "Powers in Trust and Gifts Implied in Default of Appointment." By Prof. John Chipman Gray. 25 Harvard Law Review 1 (Nov.). "A power may be given to a man, the exercise of which does not derogate from his own estate or interest, — that is, which is not a power appendant, but which derogates from the estate or interest of some other person or persons. The donee may have an estate or interest in the property, as when property is given to A. for life, with a power to him to appoint the remainder; this is called a power in gross or collateral. Or the donee may have no estate or interest in the property, as when property is given to A. for life, with a power to B. to appoint the remainder; this is called a power simply collateral. "Is such a power ever a power in trust? "A system of law is conceivable in which equity would compel a donee to exercise such a power or would exercise it for him. In such a system a power of this kind might be properly called a power in trust. "But such is not the system of our law. "When our law thinks that the objects of a power ought to have an estate or interest in the property, although no appointment has been made, it does not compel the donee to exercise the power, nor does it exercise it for him, but it declares that there is an implied gift to the objects of the power in default of appointment." See Perpetuities. Uniformity of Law. See Partnership. Wills and Administration. See Succession. Workmen's Compensation. "Workmen's Compensation in Illinois." By Samuel A. Harper. 6 Illinois Law Review 255 (Nov.). "The subject of compulsory compensation for industrial accidents is a new one in this country, and while I thoroughly believe that another decade will find every one agreed upon the propo sition that any state may adopt such a law, purely as a police measure, with some limitations upon the right of trial by jury tending to dis courage the exercise of such a right, at the same time, in view of the lack of general information upon the subject and the consequent immature state of public opinion, it would perhaps be unwise, as a question of practical legislation, to attempt, at this time, to enact an unqualified compulsory compensation law, such as was done

33

in New York, when the beneficial results which must follow from the operation of such a law are the real objective, rather than the mere establishment of the principle of compensation without negligence or fault. "That the law should read into every contract of hiring a limited guaranty by the master to his servant against injury to life or limb while the servant is going about his master's business, when it appears that the larger proportion of such injuries in almost all employments are incidental to the business, does not seem any more unreasonable than that the law should conclusively presume that the servant, upon entering the employment, voluntarily assumed in advance all the necessary and inherent hazards of the trade. While such a proposition might seem novel and not in accord with the purely juristic notion of the state, in contrast with the social conception of the present, this fact alone should not be conclusive in determin ing whether it is sound or unsound. . . . "If the fault is not the employer's, is it not his responsibility? We believe this will be the ultimate conviction of the courts, as it is now the opinion of the majority of both lay and profes sional students of the problem."

Miscellaneous Article* of Interest to the Legal Profession Biography. "La Follette's Autobiography." By Robert M. La Follette. American Magazine, v. 73, p. 143 (Dec.). Dealing with "the Reed Congress and the new national issues," Senator La Follette records his impressions of Blaine, McKinley, Hanna, and other great figures of that period. "Explaining Mr. Wickershara." By an Insider. Metropolitan Magazine, v. 35, p. 18. "Mr. Wickersham is a good lawyer. No one who knows anything about his professional career will deny that. ... As the associate of Mr. Cadwalader and Henry W. Taft, the President's brother, Mr. Wickersham made a specialty of the law applicable to corporations, and his clients, through selection, became almost entirely large corporations having their principal offices in New York." "Woodrow Wilson: Political Leader." By Burton J. Hendrick. McClure's, v. 38, p. 217 (Dec.). An account of Governor Wilson's encounter with the political machine of his state and of his success as a political leader. Party Politics. "Some Possible American Presidents." By H. Hamilton Fyfe. Fort nightly Review, v. 90, p. 899 (Nov.). Treating of Woodrow Wilson, Theodore Roosevelt, Judson Harmon, William J. Gaynor, and others. "That Mr. Woodrow Wilson could be elected, if he were put forward as candidate, seems extremely probable."