ADMISSIBILITY OF EVIDENCE GIVEN AT A FORMER TRIAL TO SHOW ITS EQUITY-The Jurisdiction of a Court of, to Prevent a Multiplicity of GARNISHMENT OF THE CONTENTS OF A SAFETY DEPOSIT Box.. INSURER-Liability of, When Insured is Executed for a Crime.... JUDICIAL SYSTEM OF PHILADELPHIA COUNTY-Report of the Special JUROR-Waiver of Statutory Qualifications of, in Capital Cases. LACHES OF STOCKHOLDERS SUING ON BEHALF OF THE CORPORATION. MARRIAGE-Does it Alone Emancipate a Male Minor?... NEGLIGENCE-Voluntarily Incurring Danger to Save Life as Con- NOTE-Liability of the Indorser, When the Holder Fails to Present 416 158 332 154 554 338 413 SICK BENEFITS?-Is Color Blindness a Disease or Disability Entitling SURETIES-The Responsibilities of, for the Acts of a Public Officer 332 TORT-Can a Married Woman Maintain an Action of, Against Her WAREHOUSEMAN-Liability of, to an Assignee of a Non-Negotiable ADJOINING LANDOWNERS-lateral support-damages.. ADVERSE POSSESSION-acts constituting-payment of taxes. Railroads-public lands-effect of abandonment.. ASSIGNMENTS-checks-equitable assignment ASSAULT AND Battery-criminal responsibility-extenuation or justi- CONDITIONS-restraint of marriage-public policy... CONSTITUTIONAL LAW-unlawful discrimination-railroad rates.... CONTRACTS-legality-restraint of trade..... Parties-promise for benefit of third person.... CORPORATIONS-foreign corporations-"doing business in the state". CRIMINAL LAW-accessory before the fact—acts constituting. Conduct of trial-absence of judge.... Evidence of other offenses..... Prejudicial error-burden of showing error. Trial-argument of counsel... DAMAGES-breach of contract-mental anguish... Breach of marriage contract-aggravation-seduction.. EASEMENTS-distinction in classes.... ELECTRICITY-defective insulation-proximate cause. Liability of telephone company-negligence... EMINENT DOMAIN-nature of right-change of use.. EXECUTORS AND ADMINISTRATORS-sale of real estate-warranties.. 499 59 622 59 HUSBAND AND WIFE-alienation of affections-justification. INCEST elements of offense-relation of parties....... INTOXICATING LIQUORS-sale without license-burden of proof. JURY-examination of jurors-voir dire.... Right of trial by jury-impairment-misconduct of juror.. LANDLORD AND TENANT-right to expel tenant holding over. LIMITATION OF ACTIONS-malicious prosecution-pendency of appeal 424 Private nuisance 62 PAYMENT-mistake of law or fact-right to recover.. 503 PRINCIPAL AND SURETY-extent of liability-term-re-employment... 426- RAILROAD-crossing accident-"stop, look and listen". STATUTE OF FRAUDS-part performance-personal services. 504 258 WILLS-trust estate "income"-corpcrate stock dividend.. WITNESS-privileged communication-waiver-subsequent trial. 507 Blakemore (A. W.) and Bancroft (Hugh) The Inheritance Tax Law; Containing All American Decisions and Existing Statutes...... Collins (C. W.)-The Fourteenth Amendment and the States... Hershey (A. S.)-The Essentials of International Public Law. Jones (C. L.)-Statute Law Making.... Miraglia (Luigi)—Comparative Legal Philosophy Applied to Legal Montgomery (R. H.)—Auditing, Theory and Practice.. Street Railway Reports Tarde (Gabriel)-Penal Philosophy.. Various European Authors-A General Survey of Events, Sources, Persons, and Movements in Continental Legal History..... Venezuelan Government-Annuario Estadistico de Venezuela.. Watrous (Eliot)-The Corporation Act of Connecticut.. YALE LAW JOURNAL Vol. XXII NOVEMBER, 1912 No. 1 THE INDEPENDENCE OF THE JUDICIARY, THE SAFEGUARD OF FREE INSTITUTIONS Address to the Graduating Class of the Yale Law School, June 17, 1912, by William B. Hornblower, of New York. In choosing a subject for this address, I have been tempted to take some academic topic such as the relative merits and demerits of the common law system of jurisprudence "broadening out from precedent to precedent" as compared with statutory law rigidly embodied in codes, or the relative merits and demerits of combination as compared with competition in trade and commerce and the merits and demerits of statutory regulations on such subjects. There are, however, certain burning questions of the day affecting the independence and the integrity of our judicial system on which I feel it to be the duty of every lawyer to speak out with all the force and emphasis at his command and which I do not feel at liberty to ignore. To evade or to ignore these questions would be to be recreant to my professional duty. When the integrity and independence of the judiciary are at stake, all other questions become unimportant. When the sappers and miners are at work undermining the foundations of our judicial structure, it is idle to discuss questions of detail of construction or reconstruction of the edifice. They find The young men just graduating from our law schools find themselves confronted by a most serious situation. the courts subjected to attack and exposed to peril. The rising generation of lawyers are called upon to resist this attack and to defend the courts from this peril. As officers of the courts sworn to support the Constitution of the United States and of the State, and to faithfully discharge their duties as attorneys and counsellors at law, it becomes their duty to see that no harm comes to the administration of the law, or to the usefulness or the prestige of the courts, and that no harm comes to the commonwealth through this attack on the courts and the law. The air is rent by the clamor of those who are crying out for what is known as judicial recall. This is no longer an academic question. Three at least of our States have already embodied it in their Constitutions. Agitation in favor of extending this so-called reform to other States has been and is being actively carried on. Advocates of the recall are found even in the ranks of our own profession. The self-styled Progressive is not necessarily the true Progressive. He may be a reactionary of the worst kind. To set back the clock of time is not progress but regress. Civilization rests upon law. Law rests upon the courts. The courts rest upon popular respect. If for law and for the courts are to be substituted the voice of a temporary majority of the people, then are we pro tanto abandoning the achievements of civilization and drifting back to barbarism. Civilization consists in subordinating the wishes of the majority to the rights of the minority. Slowly and carefully and painfully have the ideals of civilization been built up. Every now and then we are called upon to contend with an outburst of primeval passion in the shape of lynch law. The spirit of lynch law may be manifested in attacks on the individual citizen or in attacks on the courts themselves. In this country our fathers. devised safeguards of the rights of a minority against the temporary whims of the majority by imposing constitutional limitations upon legislative authority. The judiciary has by its duty to administer and define these constitutional limitations and to refuse to enforce unconstitutional legislation become the defender of those fundamental rights of the minority. It has always been the boast of our Anglo Saxon republic that we are a common sense people; that extreme theories have no charm for us; that we do not fall in love with mere phrases or catch-words. The conservatism of our people has been proverbial. The bar of this country has been the guiding force |