choose to inflict, regardless of its permanent after effects upon the victim, if a few physicians and newspapers may be found to assert that it may be performed without physical pain? I submit that sober second thought ought to require higher authority for propositions in the laws of heredity, and greater reasons for justifying unusual punishments than that the operation may be inflicted under the supervision of skilled surgeons without severe pain. It may be that recent legislation may have extended similar activities to other states, for "reform," like measles and scarlet fever, is contagious. But I have said enough to indicate the character of the statutes. In the report of the Wisconsin branch of the American Institute of Criminal Law and Criminology for 1912 (p. 78) the states then having such laws were enumerated as follows: Indiana, Iowa, New Jersey, California, Washington, Connecticut, New York and Utah. Since that time Michigan has been added to the list. A Velo in Vermont.-In the light of these laws, it is refreshing and reassuring to me, at least, to note that it is not all men in responsible positions who have lost sight of these objectionable tendencies. The Governor of Vermont, at the legislative session of 1913, was called upon to consider and veto a bill which was, according to the legislative standard for such laws, carefully framed, for it was limited to those in hospitals for the insane, state prison, reformatories and charitable and penal institutions; it excluded women over forty-five years of age; it provided for written notice to the insane and feebleminded, and to parents and guardians of minors; for a hearing of those who desired to make defense, a fair and impartial trial by the board, the right to introduce witnesses and the right to representation by counsel; and it authorized an agreement on the part of the subject (though lunatic or imbecile). I am advised that the Governor justified his veto by a written opinion of the Attorney-General, who criticized the bill as making an unfair, unjust, unwarranted and inexcusable discrimination against persons so confined, while it made no similar provision for those similarly afflicted but not confined, or for criminals who had served their sentences; this he regarded as intolerable under the constitution of the State; he regarded the discrimination in favour of women over 45 years of age as equally unconstitutional, in that 45 is not the natural limit of conception in child-bearing:35 he criticised the act because it made no express provision to enable persons in confinement to appear before the board, though it required the board to hear them, and because it ignored the incapacity of the person to make a request or perform a legal act. (I assume this had reference to the physical incapacity of a lunatic or imbecile, and not to the factitious incapacity of a criminal, though perhaps he considered that the bill did not by implication remove the legal incapacity of the criminal). He also condemned it because it authorized the board to act on the evidence adduced, but prescribed nothing in respect to the kind of evidence which it might receive; and because it made the decision of the board absolute, without any appeal: he stated that the Supreme Court of the State had repeatedly held that the taking of land for a public highway under similar provisions was not due process of law; he indicated that the bill would permit the infliction of an additional penalty for crimes already committed and upon one who had already reformed; this he regarded as unconstitutional (doubtless as an er post facto law). He further objected that it authorized imbeciles and lunatics to bind themselves by agreement, something which had never been permitted by any Court of Justice. Notwithstanding the possibility of this arraignment from a cursory examination of the bill, I understand that the Vermont House adopted it originally by a vote of 85 to 72. 66 members not voting, while the Senate passed it over the veto by a vote of 13 to 10. I am advised, however, by the Secretary of Civil and Military Affairs that the veto was sustained by the Legislature. Conclusion. Whatever may be the conclusion of the reader in respect to the soundness of my views upon the utter impropriety of these laws in the present state of our knowledge of heredity and from the standpoint of conservative regard for constitutional principles, it seems t me that even the advocates of the laws must see, if they consider the foregoing assault upon them, that they ought to take into their counsels some conservative who will help them frame a uniform statute which will offer some sort of 35 Washington v. Bank for Savings, 65 App. Div. N. Y. 338, at p. 341. reasonable and ordinarily decent protection to a helpless unfortunate, be he lunatic or criminal, against the ignorance or indifference of incompetent persons who may sit in judgment upon him. I have written this article as a danger signal against unnecessary and dangerous nostrums in legislation. Some philanthropist, whose notions of heredity are not well grounded, rushes to the legislature with the panacea of sterilization; another with regulation but authorization of benevolent monopolies, and before long there is an avalanche of legislation which destroys the ancient landmarks of peace and safety to the honest, hard-working, or merely unfortunate citizen, and domestic tranquillity and the reign of justice are alike destroyed. Our Bills of Rights are full of the concise expressions of the experience of political philosophers after viewing reflectively the mistakes of ardent enthusiasts of the past. These may not be the last words of political wisdom, but they are at least wise brakes. Before advocating such laws, I would wish to be assured that the interests of the community demand them; that the assumed principle of heredity be true; that the safeguards of liberty are not to be thrown aside for a merely imaginary good; that they be preserved as far as possible and that crude legislation (and in my view it is all crude) be avoided. Nor can I close without the warning that prisons and insane asylums have been the most shameful institutions of so-called Christian civilization; that in them cruelty has been systematically practised and in many instances the innocent made to suffer more than in any other establishments.36 After a great and continual struggle, civilized governments are just succeeding in throwing the safeguards of enlightened law about their management. But now we are confronted with a new flood of laws, which leaves the personal liberty and a part of the life of individual and posterity to the arbitrary judgment and guess, if not the mere whim or caprice, of possibly unskilled and unsympathetic Judges, without any of the substantial safeguards, which we all regard as our greatest inheritance from the English Constitution and the founders of our own nation. 30 On the very day when I write this, in my own state, a report to the governor arraigns a prison physician as both cruel and indifferent. The Library "And what of this new book?"-Sterne. "Men disparage not antiquity who prudently exalt new enquiries." -Sir Thomas Browne. The Law Relating to Wills. By R. E. Kingsford, M.A., LL.B. Jarman's Treatise on Wills, sixth edition, has been followed by Mr. Kingsford in his very able treatise. A table is given in the present work shewing the sections which correspond to the Imperial Wills Act. This will enable the practitioner in each of the provinces which has adopted the English Act to refer to the corresponding sections of the provincial Act. The Wills Act of Ontario, being recently revised, is printed in full where necessary. At the end of each chapter is a very complete collection of Canadian cases printed in black type, which will be found of great service to the profession in genera'. Much care has apparently been given to the preparation of the work, and as a reference to the various headings in the very full index will shew, the matter has been arranged for easy reference. There is no doubt that the wish of the author will be gratified and that the work will be of great service to Bench and Bar alike. A Manual of the Principles of Equity. By Indermaur and Thwaites. 7th edition by Charles Thwaites. London: George Barber. Toronto: Carswell Company, Limited. $5. This work is primarily intended for the use of students and is most admirably suited for that purpose. A short description of the Court of Chancery is given hewing the growth of equity till it became a fixed system. Then follow the maxims, and part two deals with trusts and trustees, and allied subjects. A large number of illustrations are given which will undoubtedly be of great service to the student, as will also the thorough and complete index. Trade Union Law. By Herman Cohen, of the Inner Temple, Barrister-at-Law. Third edition. London: Stevens & Haynes. Toronto: Carswell Company, Limited. $2. At a time when trade unions have become so much a factor in everyday business a work like the present is of peculiar value, and the present edition of this handy volume presents in concise form the Trade Union Act of 1913, being 2-3 Geo. V. ch. 2 (Brit.). Some of the principal chapters di cuss this subject with reference to restraint of trade, trades disputes, conspiracy in trade disputes with reference to protection of property. In the chapter on the right to expel, trades unions are considered in the nature of clubs. Altogether this little volume will be found useful to the practitioner in looking up many a point not to be found elsewhere. A Digest of the Law. Practice and Procedure Relating to Indictable Offences. By Arthur Denman, M.A., F.S.A. London: Sweet & Maxwell; Stevens & Sons. As the title of this work sets out, it is a digest of the law, practice and procedure relating to indictable offences and contains the pith of Archbold's Criminal Pleading, arranged for quick reference by the practical lawyer. No better description of the book can be given than the above, as the various titles are alphabetically arranged and easy to find, with a splendid index. The volume is dedicated to Lord Alverstone, Lord Chief Justice of England, by permission, which speaks volumes for the esteem in which the work is held by those best qualified to judge. A Manual of British Columbia Company Law. By Alexander H. Douglas, LL.B., of the Middle Temple, Barrister-at-Law, and of the Bar of British Columbia, and George Rorie, C.A. (Edin.). Calgary Burroughs & Co. London: Jordan & Sons, Limited. This volume presents in popular form British Columbia Company law and will be found particularly useful to those connected with or having interest in joint stock companies. Not the least useful will be found the summaries of the necessary steps to obtain incorporation and the returns to be made to the government at the close of the year. A short history of joint stock company legislation is given, followed by instructions as to the proper method to pursue in obtain |