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Articles 8341 - 8370 of 8399
Full-Text Articles in Entire DC Network
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
The Liability Of Water Companies For Fire Losses, Edson R. Sunderland
The Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Articles
It is a general principle, of very wide application, that a municipal corporation, in the absence of a statute, is not obliged to undertake the execution of governmental functions respecting the health, peace or property of its citizens. Nor is such corporation liable for the insufficient or negligent execution of such functions in case it undertakes to perform them. The ground of this exemption is that the municipality, in these matters, exercises discretionary powers conferred upon it by the state, and acts, not for itself in its corporate capacity, but for the general public as an agent of the central …
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
Federal License Or National Incorporation, Horace Lafayette Wilgus
Federal License Or National Incorporation, Horace Lafayette Wilgus
Articles
The message of President Roosevelt and the Report of Mr. Garfield as Commissioner of Corporations, if we are not mistaken, have done, or will do, more than all the discussion of the past several years to clear the vision of the people as to what is necessary and possible to do in the way of meeting and overcoming our industrial and commercial corporation difficulties.
Exit Of Doctrine Of Situs, John R. Rood
Exit Of Doctrine Of Situs, John R. Rood
Articles
A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States. Justices Harlan and Day dissented, and yet there is little danger that the question will again be opened; and in view of the conclusion reached, all lovers of plain, simple justice will rejoice that at last that disturber of peace and worker of iniquity in the commercial world has been deprived of its power to make the honest debtor …
Exit Of Doctrine Of Situs, John R. Rood
Exit Of Doctrine Of Situs, John R. Rood
Articles
A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States.
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Articles
When the report of the Committee on Uniformity of legislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved. The Committee on Commercial Law, however, thought otherwise and said:- "The American people look to the American Bar for leadership on this question. Some one must lead. If not the lawyer, then it will be the demagogue."
The Physician As An Expert, Harry B. Hutchins
The Physician As An Expert, Harry B. Hutchins
Articles
Expert evidence is evidence of a scientific or technical character in regard to a matter that is outside the domain of ordinary experience and knowledge. The evidence is usually in the form of opinions or conclusions based upon facts that for the purposes of an opinion are assumed to be true, although it may be in regard to scientific facts. The expert is one who has had special training or opportunities in a particular subject that the ordinary witness has not enjoyed, and who has thereby acquired certain habits of judgment.that render his explanations and opinions in the field of …
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Articles
When the report of the Committee on Uniformity of Iegislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved.
Some Legal Aspects Of Special Assessments, Frank L. Sage
Some Legal Aspects Of Special Assessments, Frank L. Sage
Articles
Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.
Some Legal Aspects Of Special Assessments, Frank L. Sage
Some Legal Aspects Of Special Assessments, Frank L. Sage
Articles
Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.
Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins
Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins
Articles
Although it has been held that, by virtue of the relation between them, the employer is bound to furnish medical aid to his sick or injured employee,1 yet, at the present time, according to the general concensus of opinion, this is not the law.
Torrens Acts': Some Comparisons, James H. Brewster
Torrens Acts': Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Articles
AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem
The "Torrens Acts": Some Comparisons, James H. Brewster
The "Torrens Acts": Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system. In making these changes, …
Ratification By An Undisclosed Principal, Edwin C. Goddard
Ratification By An Undisclosed Principal, Edwin C. Goddard
Articles
Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law. Whether the maxim ratihabitio mandato comparatur of the Roman lawyers and the early English cases is identical in meaning with the dogma ratihabitio mandato acquiparatur of Lord Coke, and of all English …
Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane
Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane
Articles
In the discussion of this question, it is thought that the present condition of the law can be made most satisfactorily to appear by gathering the declarations of various courts found in illustrative opinions, and a good portion of this article will attempt this collection. Where the courts of particular states have not spoken upon this particular question, and cases illustrating the principle as applied to confessions exist, they have been used. And in a few instances cases involving the law of the admissibility of confessions have been used, though there were cases involving dying declarations, because they were more …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Articles
Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and 1hisright to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple.
Ratification By An Undisclosed Principal, Edwin C. Goddard
Ratification By An Undisclosed Principal, Edwin C. Goddard
Articles
Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law.
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Articles
Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and his right to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple. Among those essential rights were the right of possession, the …
Preferences Arising From Trust Relations, Harry B. Hutchins
Preferences Arising From Trust Relations, Harry B. Hutchins
Articles
Where property has once been impressed with a trust, the quality inheres therein and in the proceeds thereof so long as the trust relation continues, provided the rights of a bonafide purchaser for value and without notice do not intervene and identification remain possible. The trust impress, in the absence of a superior equity, at once places property in the preferred class. In equity, trust property belongs to the cesiui que trust, and his claim to it cannot be defeated by the insolvency or dishonesty of the trustee, if it constitutes, in an identifiable form, a part of the trustee's …
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Articles
In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?"' This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Articles
In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?" This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.4 And, like the original question, it puzzled the judges and Lords very much to answer.
The Legal Status Of The Teacher, Floyd R. Mechem
The Legal Status Of The Teacher, Floyd R. Mechem
Articles
Prof. Mechem's address on the status of public and private school teachers.
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Articles
This is an interesting topic to every jobbing house, and to every attorney concerned with mercantile collections. The law is pretty well settled on the general subject and the Treatises on Sales are plentiful. Among the best is that of Mr. Benjamin. Tiffany on Sales of the Hornbrook Series recently issued assumes also to state briefly the principles which control in these cases. At large commercial and metropolitan points, and among lawyers who have occasion to often deal with this question, there is perhaps not much difficulty in arriving at correct conclusions, and promptly enforcing the rights of a defrauded …
Legal Education: Its Relation To The People And The State, Harry B. Hutchins
Legal Education: Its Relation To The People And The State, Harry B. Hutchins
Articles
All callings are to a greater or less extent interdependent. One should not be fostered at the expense of another, yet any improvement along a given line is more than local and immediate in its influence. It reaches more than those who are directly concerned. The building up and perfecting of a single industry may add to the wealth and importance of its promoters, but to argue that they are the only beneficiaries, would be to leave out of the case all of the indirect results that naturally and inevitably flow from a very successful undertaking. The fostering of.an enterprise …
The Courts Of Judea, Jerome C. Knowlton
The Courts Of Judea, Jerome C. Knowlton
Articles
The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.
The American Mutuum, Jerome C. Knowlton
The American Mutuum, Jerome C. Knowlton
Articles
The delivery of goods that may be accurately designated by number, weight or measure, such as corn or wine, on an undertaking that goods of like kind and quality shall be returned, creates what is known in the civil law as the contract of mutuum, a kind of bailment contract. Text writers on the common law regard such a transaction as a sale and not a bailment. "Where there is no obligation to return the specific article, and the receiver is at liberty to return another thing of equal value, he becomes debtor to make the return, and the title …