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 Index to Periodicals

267

Ashley, a later chapter in the debate between first aspect — that of settling the controversy between the parties. It would do so by weigh them (see 25 Green Bag 233). "When the law of consideration is broadened ing the public facts and conclusions of fact neces so as to recognize not only bargain, but also all sary to the decision; it would be, in effect, a other just grounds for the enforcement of a tribunal of public facts. promise, and gives up the foolish attempt to "In its quasi-legislative capacity it would aid measure the sufficiency of what is promised in in the decision of the case in its second aspect — exchange by a mechanical formula, then there that of determining the status, as to validity, will be no occasion for its abolition by the courts of the law in question in its future effect upon the whole public, and the effect of the decision in this or by the legislature." second aspect would no longer be left to infer "Consideration and Motive as Essentials to a ence. A finding that a law was arbitrary, or did Binding Agreement." By R. H. Gwynne. 47 not serve a public purpose, would of itself sus American Law Review 220 (Mar.-Apr.). pend the operation of the law; and at the same time the tribunal would be in a position to recom "Intent to incur an obligation, taken in con nection with motive constitutes the mainspring mend to the legislature further legislation on the of a contract. All else is subordinate to this, same subject. "Whether by this road the act is ultimately and dependent upon it. The doctrine of con sideration, properly considered, is simply a form referred to the people will be a simple question of direct legislation, and will depend upon the of manifesting the intent." general law in force in the state in question in Constitutionality of Statutes. "The Con regard to initiative and referendum. In what stitution and the Courts." By John G. Palfrey. ever form, however, the final legislative action takes place, the measure will first have been pre 26 Harvard Law Review 507 (Apr.). sented and debated before a body of experts, Considerable attention is given to the proposed and the facts will have been investigated in an recall of judicial decisions, and the author authentic manner." elaborates what he considers a more satisfactory "Legislative and Judicial Attacks on the remedy : "Let there be established, by constitutional Supreme Court of the United States — A His amendment if necessary, a tribunal composed of tory of the Twenty-fifth Section of the Judiciary experts trained in matters of government and Act, II." By Charles Warren. 47 American sociology, which shall perform for the courts a service analogous to that performed for the legis Law Review 161 (Mar.-Apr.). lature of Wisconsin by Dr. McCarthy's legislative For the first part of this paper see 25 Green bureau, but which shall have in addition cer Bag 189. The history of the various efforts to tain mixed functions, in part judicial and in part change the relation of the states to the Supreme Court makes a longer story than one might ex legislative. "To this new body the courts may refer the pect. The latest attempt before the current question whether an act passed by the legislature proposals started was in 1882. for a proper purpose is arbitrary in its effect See Statistics. upon individual rights. Not only the indi vidual, but all other persons interested, may Contracts. See Consideration, Equitable present evidence and be heard, the attorney- Conversion, Escrows, Roman Law, Sales. general shall represent the commonwealth, and Conveyances. See Escrows. the tribunal may consider all manner of evidence and make further investigation on its own Corporations. "Holding Companies in Illi initiative. "The decision of the new body, certified to the nois Law." By William B. Hale. 7 Illinois Law court, will furnish the basis of decision for the Review 529 (Apr.). particular case, and, if against the law, will sus No case involving the legality of holding com pend it for a certain length of time, or in any event panies has yet reached the highest court of the until further action by the legislature. this article is based on the decisions of "The new body will also be required to report state; its findings to the legislature, together with any lower courts. "Pooling Agreements among Stockholders." recommendations which it may see fit to make; and, if any act reported to be arbitrary shall By Thomas C. Coffin. 76 Central Law Journal 245 thereafter be reaffirmed without change by the legislative authority, it shall take effect as law. (Apr. 4). "The most feasible plan for creating the de "To this same tribunal I suggest referring, as to a jury, the public fact in the first class of sired voting trust is by means of a common law cases above referred to, whether an act passed joint stock company." After describing his by the legislature is for a public purpose; and plan, the author says: "The feasibility of the the tribunal will in like manner report to the above plan appeals to me as it seems to be open court, as a basis for the decision of the particular to none of the faults which have caused so many other plans to fail." case, and to the legislature. "The tribunal thus created, as has been already "Declaring Dividends for Future Stock intimated, would act in a dual capacity. "In its quasi-judicial capacity it would aid the holders." By Stewart Chaplin. 13 Columbia Law courts in the decision of the particular case in its Review 401 (May).