Skip to main content

Full text of "Notes on Recent Leading Articles in Legal Periodicals"

See other formats


Early Journal Content on JSTOR, Free to Anyone in the World 

This article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in 
the world byJSTOR. 

Known as the Early Journal Content, this set of works include research articles, news, letters, and other 
writings published in more than 200 of the oldest leading academic journals. The works date from the 
mid-seventeenth to the early twentieth centuries. 

We encourage people to read and share the Early Journal Content openly and to tell others that this 
resource exists. People may post this content online or redistribute in any way for non-commercial 

Read more about Early Journal Content at 
journal-content . 

JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people 
discover, use, and build upon a wide range of content through a powerful research and teaching 
platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not-for-profit 
organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please 


the advantages of an edition published nearly a quarter of a 
century ago, and supplements these with new matter which 
ought to make the third edition the standard work on the 
Conflict of Laws. A. S. F. 

The Law of Crimes and Criminal Procedure. By Lewis 
HocHHEiMER, of the Baltimore Bar. Pp. 566. Baltimore: 
The Baltimore Book Co. 1904. 

As the first edition is out of print, this book, as is stated 
in its preface, is practically a new work. It is not and has not 
been intended as a voluminous and detailed treatise on criminal 
law, but as a book, short and concise and at the same time com- 
prehensive, and as such it well fills the position for which it 
is intended. While the text itself is entirely free from quota- 
tions both from cases and from other authors, the citations of 
important cases, English as well as American, are numerous, 
and have been brought down to the date of publication of this 
edition. The subject matter of the book is grouped under four 
different heads : " General Doctrines," " Procedure," " Special 
Proceedings," and " Specific Offences," but of the entire 566 
pages only 251 are devoted to " General Doctrines" and " Spe- 
cific Offences," while of the remainder, 201 pages are taken up 
with " Procedure" and " Special Proceedings." However, the 
brevity and conciseness of statement, together with but this 
short space devoted to the principles of criminal law, while 
making the book of less value as a text-book, greatly increases 
its usefulness to the practising attorney, and this usefulness is 
further augmented by the fact that the sections of the book 
dealing with procedure and special proceedings both include 
numerous forms and seem to be specially complete and com- 
prehensive. /. K. F. 

Albany Law Journal. — ^July. 

The Law of the Constitution in Relation to the Election of Presi- 
dent. J. Hampton Dougherty. The first point that is taken up by the 
author of this article is that of the appointment of electors under the 
provisions of the Constitution. We are told, " So comprehensive and 
unfettered is the grant, so omnipotent the power of the legislature, that 
it may not only itself choose the electors, or confer the privilege of 
election upon the people, to be exercised in districts, or by a vote upon 
a general ticket throughout the state at large, but it may even go so 
far as to give the power of appointment to the judiciary of a state, or 
to any body or person." " Thus at the threshold of the electoral system 
arises a question of transcendent moment, which is, has the organic 
law of the United States, in clothing a state legislature with plenary 
power to appoint electors, elevated the legislature of the state above and 
beyond the state Constitution ?" The author does not attempt to answer 


this question, but leaves it to the consideration of his readers while he 
goes on to consider the qualifications of electors and the authority in 
which is vested the power to decide as to those qualifications. Here 
we find much confusion, and no case has as yet arisen in which it has 
been found necessary to definitely settle the matter ; in the light of 
this fact the discussion may, perhaps, be considered rather academic 
than practical. As to the provisions relating to the election of Presi- 
dent and Vice-President, there was, early in the life of the Republic, 
found much to change in the original methods provided by the Consti- 
tution, and even at this period of our history there is much which is 
open to criticism, notably the dangers of a tie vote in the electoral 
college. The provision for the succession to the office of President is 
considered inadequate, as it does not provide for the possibility of the 
death of the President-elect or of both the President and Vice-Presi- 
dent-elect, there being, apparently, no machinery by which to fill the 
vacancies thus occurring. The often-discussed question whether the 
Vice-President becomes President upon the death or disability of the 
President, and, if so, at what time the disability may be considered 
permanent, is discussed, and no solution of the problem is offered. 
" The Constitution maintains a sphinx-like reserve" when consulted 
for a solution of the difficulty. By whom the electoral votes shall be 
counted and the various formalities in regard to the counting are points 
which are given a very complete treatment, the importance of the sub- 
ject being illustrated by the events of 1876, which led up to the enact- 
ment of the legislation of 1887, which Mr. Dougherty does not consider 
successful. In fact, the argument is made that " the electoral system 
is the weakest and most vulnerable feature of the Constitution, and if 
disaster shall ever overtake the nation, it will come through the main- 
tenance of the electoral system," and that " the time is opportune for 
the abolition of the useless and dangerous electoral system." 

Labor Strikes and Injunctions. P. L. Edwards. There is so much 
interest to-day in the subject which forms the title of this article that 
it may be well to call attention to the fact that another in the long 
series of articles upon the topic has been printed. Apart from the 
interest which the matter itself presents there seems to be little to 
differentiate this article from the others of its class which have already 
appeared. It has the merit, however, of being apparently free from 
any extreme partisanship, and the usual cases are presented in a logical 
order and in a manner which brings clearly before the reader the 
points at issue. Boycotts are treated as well as strikes, and a list of 
cases given in which they have been declared unlawful, although the 
list cannot be considered exhaustive. Mr. Edwards says in reference 
to the topic of which he treats, " This discussion is intended to show 
to what extent the use of the extraordinary writ of injunction is had 
in dealing with strikes and labor troubles, and is a practical review 
of the cases exhibiting the power of the court of equity to restrain and 
enjoin strikers and organized labor generally from committing tor- 
tious acts." It is, perhaps, hardly correct to call the paper " a dis- 
cussion;" it is rather a plain presentment of the cases from which 
can be derived a reasonably fair bird's-eye view of the present state 
of the matters in the courts of law. New cases are constantly coming 
before the courts for adjustment, however, and in these new cases we 
find another state of facts, and, in many cases, another judge, ysfho, 
either from his own environment and circumstances, or because he is of 
a different mental calibre, is able to give us a judgment from a point 
of view hitherto not presented to us. For this reason each article of 
this kind is a sort of report of progress of the position of the courts 
upon the matter, and is, therefore, of interest, not only to those who 
follow the law, but to those of the industrial world as well.