Page images
PDF
EPUB

CHICAGO LAW JOURNAL.-August 14.

Supreme Power of the State. Hon. B. F. Milton. The general trend of this article, which is both interesting and well written, is expressed in its closing sentence, "Back of courts and legislatures are the sovereign people at first, and still, the supreme source of authority, but of the powers actively manifested in the operation of this magnificent scheme of government, the greatest is that of the Supreme Court of the United States."

CHICAGO LAW JOURNAL.August 21.

Legal Maxims. Hon. Murray F. Tuley. The maxims are first considered in general and then are taken up in order. Only the maxim "Agere in personam" is treated in this installment, as the article is to be continued.

CHICAGO LAW JOURNAL.-August 28.

Legal Maxims. Hon. Murray F. Tuley. Continued. The maxims considered in this installment are: Equity looks to intent rather than to form; Equity regards that as done which should be done; He who comes into equity must come with clean hands." Interesting illustrations are given of the application of these maxims to concrete cases.

GREEN BAG.-August.

Andrew Jackson as a Lawyer. Eugene L. Didier. “Lawyer, district attorney, judge, member of Congress and United States Senator before he was thirty-one," is the record recited here. It sounds like a startlingly swift progress, and the account of it all agrees with the sound. It is picturesque, romantic, full of adventure, for a lawyer who has hairbreadth escapes from Indians, duels with backwoodsmen, encounters with mobs, and who comes out triumphant from them all, seems rather a hero of the modern romantic novel than a student and follower of the law. Mr. Didier calls Mr. Jackson, in spite of his achievements, "an ignorant man." This seems to be the usual mistake of considering the unlettered man ignorant. A man may be, as Jackson was, profoundly unlettered, if such a phrase is permissible, yet intelligent in every fibre, as Jackson seems also to have been. He neither inherited or acquired culture, yet the higher, unpurchasable gift of intelligence was his.

A Solution of the Labor Problem. Harry Earle Montgomery. The suggestion is here made that labor disputes be submitted to a board of mediation composed of three members appointed by the governor of the state. "This commission should represent the public in all controversies." The office of the commission should be solely that of offering suggestions." An industrial court is a part of the plan and the scheme is quite fully worked out, with many good suggestions. Like all other plans of the kind it might be very good if all the parties to be consulted could be brought to agree to adopt it and stand by it.

The Election and Coronation of a Pope. John De Morgan. A detailed description of the ceremony of inducting a pope into the papal chair. Very well illustrated.

Wrong without Remedy: A Legal Satire. IV. The Freeze-Out. Wallace McCamant. Another scheme of the author's hero is here exploited, and more wrongs without remedy indicated. The manner and matter are similar to those of the former papers.

A Century of Federal Judicature. Viii. Van Vechten Veeder. To Mr. Justice Bradley is devoted the entire eighth paper of this series. The praise and criticism are as usual well distributed and intelligently apportioned. After reading the paper one cannot but feel the value of the services rendered by Judge Bradley.

LAW MAGAZINE and Review.—August.

General School of Law. Montague Crackenthorpe. England at last is able to afford a school of law! But it is only by means of what Mr. Crackenthorpe calls "a lucky windfall." However, it has got its windfall and is now planning methods and means. It is evident that Mr. Crackenthorpe desires that the school shall be united with London University, and form a "school which shall be both academic and professional."

Specific Performance. W. Donaldson Rawlins. (To be continued.) The foreign law of specific performance is first touched upon; then the manner of the introduction of this action into the English law; then the classes of cases in which it is, and is not, allowed. The treatment of the subject is good and is not without that touch of the amusing which seems indispensable now, even in a legal treatise.

Crimes and Punishments. Appellant. The writer has evidently considered his subject and is thoroughly and deeply interested in it. He is moved by evils that he finds in the present system of punishment in England to the use of some apparently well justified sarcasm, and to give some very good advice to those in authority. The article, as a whole, is a strong one, and the argument for fewer and milder punishments where possible is well put and reasonable.

Should the Two Branches of the Legal Profession Be Amalgamated? H. J. Randall. This question, of course, has a local application to England merely, but it is interesting as a presentation of the present state of the legal profession there.

The Marriage Laws of Scotland. Emile Stocquart. (Continued.) This installment examines into the Scotch marriage laws in a very painstaking and learned manner, and treats under sub-heads the subjects of Irregular Marriages; Marriage per verba de præsenti; Marriage by promise subsequenta copula; Marriage by habite and repute; Lord Brougham's Act, 1856, and Clandestine Marriage.

Some Decisions under the Companies Acts 1862-1900. N. W. Sibley. These Companies Acts have been the cause of much printing of small books and pamphlets. Litigation under them has been very extensive and the interpretation of them has not always been uniform. This article goes quite thoroughly into the cases, with a running commentary upon them, but as yet (the article is to be continued) does not show any particular continuity of thought, or bring to light the value of these acts.

[blocks in formation]

The year 1873 was towards the latter end of a long and distressing period of financial disturbances and change, beginning during the Civil War and not ending until the resumption of specie payment. During this period, the purchasing power of a dollar went up and down, and up again, with an irregularity and to a degree that were very uncertain and often very painful. It was in this year 1873 that the convention sat to frame a new constitution for the state of Pennsylvania.

In the constitution thus formed during a period of extreme fluctuations in values appear two provisions. They are as follows:

Article V. The Judiciary. Section 18.-"The judges of the supreme court and the several courts of common pleas, and all other judges required to be learned in the law, shall at stated times receive for their services an adequate compensation, which shall be fixed by law, and paid by the state. They shall receive no other compensation, fee or perquisites of office, for their services, from any source;

nor hold any other office of profit under the United States, this state or any other state."

Article III. Legislation. Section 13.-"No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment."

In 1903, the legislature of Pennsylvania passed an act fixing the salaries of the judges at sums higher than theretofore had been paid. There is universal approval, it is believed, of the sums fixed as reasonable and moderate. It is an act which the community regard as simple justice. Prices have advanced greatly during the last decade. In recognition of this, salaries have been increased quite generally, in the business world. Last almost of all to receive the attention necessitated by the advance of prices have been the judges of Pennsylvania.

There has been some question with a number of estimable citizens whether this act of justice can operate in favor of judges on the bench at the time of its enactment. They are of opinion that Article III, Section 13, above quoted, renders it impossible to take any thought for the judges except prior to their election. A decent respect for the opinion of these gentlemen leads to a study of the question.

There is in every individual a strange complexity of desires. Wishes run hither and thither and in directions the most opposed. If the individual be multiplied into a large convention, the complexity becomes intensified, and the utmost ability and alertness can scarcely produce a joint production that is harmonious through all its parts. It is very certain, however, that neither the individual nor the .convention can have intentions that are destructive of each other. Desires can differ; desires can be opposed; but there cannot be rival intentions in the same being. Where commands are prescribed by a superior authority, and the commands appear to differ, the duty is to construe the demands in such manner that they all may have effect, if a reasonable construction of language will so allow.

That is the duty as to the present question. Let the two sections above recited be so examined.

L

Article V. The Judiciary. Section 18.-"The judges of the supreme court and the judges of the several courts of common pleas, and all other judges required to be learned in the law, shall at stated times receive for their services an adequate compensation, which shall be fixed by law, and paid by the state. They shall receive no other compensation, fee or perquisites of office, for their services, from any source; nor hold any other office of profit under the United States, this state or any other state.”

In the formation of a constitution, there is no room for idle or insincere language. The constitution is the fundamental law of the commonwealth. A generation of men, sometimes several generations, will come and will pass away, without witnessing a new formation of the fundamental law. The convention of delegates for such a purpose is so extraordinary an occasion, and the consequences of their work are so momentous, that every sentence, every clause, every word, are scrutinized, searched and weighed. We cannot say of this sentence, this clause nor of this word, that it is naught; nor can we say that it is lightly intended. The mood of the constitution is the imperative. It knows no other. It comes to us from the battlefields and the parliaments of centuries. Grim and stern, it speaks with the voice of the Great Commander.

The lips of the grizzled warrior cannot utter the simpering speech of a schoolgirl, nor can the constitution speak words that have no depth.

Let us see what it is that would be given an affectation of a seriousness it does not possess. It is the injunction that judges shall receive an adequate compensation. It is a portion of a section of which every other portion is meant to be fully obeyed.

"The judges of the supreme court and of the several courts of common pleas, and all other judges required to be learned in the law," is the beginning of the section. Certainly, this part is intended to be obeyed. If the legislature distinguished between judges, appropriating a compensation to some and refusing it in the case of others, the omission would be a serious breach of the provision.

« PreviousContinue »