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Workmen's Compensation-"Arising Out of_the_Employment"..254, 490
Workmen's Compensation-Arising Out of Employment....
Workmen's Compensation-Death of Beneficiary of Award-Diver-
sion of Award to Another Beneficiary....

572

330

Workmen's Compensation-Enterprise

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CASES COMMENTS

Board of Education v. Industrial Commission, 301 Ill. 611, 134 N. E.
70

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Burton v. Boren, 308 Ill. 440, 139 N. E. 868...

253

Chicago v. Green Mills Gardens, 305 Ill. 87, 137 N. E. 126.

207

Cook County v. City of Chicago, 311 Ill. 234, 142 N. E. 512.

567

Cooper v. Martin, 308 Ill. 225, 139 N. E. 68.

479

Craig v. Wismar, 310 Ill. 262, 141 N. E. 766..

572

Dickman v. Madison County Power Co., 304 Ill. 470, 136 N. E. 790.... 50

Diller v. St. L. S. & P. R. Co., 304 I11. 373, 136 N. E. 703...
Doan v. Allgood, 310 Ill. 381, 141 N. E. 779.

205

566

Drumm Construction Co. v. Forbes, 305 111. 303, 137 N. E. 225.

47

Elmwood Park v. Mills & Son, 311 Ill. 136, 142 N. E. 532....

563

Frank v. Frank, 305 Ill. 181.

51

Gronewold v. Gronewold, 304 Ill. 11, 136 N. E. 489.

49

Haberer & Co. v. Smerling, 307 Ill. 191, 138 N. E. 675.

562

Harder v. Matthews, 309 Ill. 548, 141 N. E. 442.

485

Hazel v. Hoopeston-Danville Motor Bus Co., 310 Ill. 38, 141 N. E.
392

564

Hoepker v. Hoepker, 309 Ill. 407, 141 N. E. 159.

476

Inland Rubber Co. v. Industrial Commission, 309 Ill. 43, 140 N. E.
26

248

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Massachusetts v. Mellen and Frothingham v. Same, 43 Sup. Ct. Rep.
597

204

Merchants' Loan and Trust Co. v. Patterson, 308 111. 519, 139 N. E.
912

...

.324, 472

Swift & Co. v. Industrial Commission, 309 Ill. 11, 140 N. E. 17........... 330

Terrace et al. v. Thompson, Attorney General of Washington, and

Potterfield et al. v. Attorney General of California, 44 Sup. Ct.

Rep. 15

Tidal Oil Co. et al. v. Flanagan, 44 S. C. R. 197.
Trenton v. State of New Jersey, 43 Sup. Ct. Rep. 534.
Wattles v. Village of McHenry, 305 Ill. 189, 137 N. E. 114.
Weber v. Aluminum Ore Co., 304 Ill. 273, 136 N. E. 685.
Wilkinson v. Watts, 309 Ill. 607, 141 N. É. 383...
Wolbach v. Rubens, 307 Ill. 186, 138 N. E. 521.

Young v. Illinois Athletic Club, 310 Ill. 75, 141 N. E. 369.

398

559

477

252

123

571

54

565

EDITORIAL NOTES

American Bar Association Meeting...

Bar Admission Standards, Illinois Takes the Lead in.

Eugene Huber

Illinois Takes the Lead in Bar Admission Standards.

Huber, Eugene

Thirty-third Annual Meeting of the National Conference of Com-

missioners on Uniform State Laws...

189

199

186

199

186

245

Abuse or Misuse of Rights-Abuse or Misuse of Words......
Agency Agreement Not to Withdraw the Power of Agency-Duty
of Agent to Surrender His Letters of Agency Upon Notice.... 491

Bankruptcy-Power of Referee Over Witness..

Chinese Supreme Court Cases...

Classification of the Law...

258

407

260

Constitutional Law-Due Process of Law and the Equal Protection
of the Laws-Elections-Validity of a Statute Requiring Em-
ployers to Pay Their Employees for the Time Consumed in
Exercising the Right to Vote...
Constitutional Law-Eminent Domain-Scenic Highways and the
Public Use

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59

Judicial Procedure in the Virgin Islands...

Lawness of Law Clubs and the Legality of Legal Clubs, The..
Legislative Policy

Libel on a Legislature.

Notice to Cities of Personal Injuries.

Pledge-Actio Pauliana-Does a Right of Pledge Continue to Exist
Where the Pledge Claim Is Satisfied But the Payment Is At-
tacked in a Paulianian Action Wherein the Creditor Is Compelled
to Restore the Payment?..

Professor Robert W. Millar's Monograph on "The Formative Prin-

ciples of Civil Procedure".

Reversionary Interest of the Donor of Estates in Fee Tail Under
Section Six of the Illinois Chapter on Conveyances, The..

Slave in England, The...

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338

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Legal Status of American Corporations in France, The. By CHARLES
GERSON LOEB

129

Rome and the World Today. By HERBERT S. HADLEY.

270

Selection of Cases and Other Authorities on Labor Law, A. By Francis
Bowers Sayre

355

Selection of Cases under the Interstate Commerce Act, A. By FELIX
FRANKFURTER

127

Treatise on the Anglo-American System of Evidence on Trials at Com-
mon Law, A. By JOHN HENRY WIGMORE...

347

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It is probably safe to say that the influence of the Roman law upon the procedure of the English common law courts had expended its force by the end of the 1200s. It was yet to operate in a similarly indirect but infinitely more powerful way upon the procedure of the court of chancery, but here its work was at all events finished by the close of the 1500s. In the one case, the indebtedness to the Romano-canonical law, circumscribed and formal at the best, has only recently been stressed; in the other, it has been too marked and obvious ever to have escaped notice. Apart from these early relationships, the civil procedure of the English law has lived a life to itself. No doubt, the set off of mutual unconnected debts introduced, as a defense, by the statute of 2 Geo. II, c. 22, had its ultimate inspiration in the Roman 'compensatio,' but as equity had been previously applying the same principle, though limited to the case of connected demands, the defense in question can scarcely be deemed a conscious borrowing from an outside source. The declaratory judgment, recognized by the rules under the English Judicature

a.

Professor of Law in Northwestern University.

1. See Pollock and Maitland "History of English Law" (2nd ed.) II 612; Holdsworth "History of the English Law" III 472.

2. "In the time of Elizabeth and her immediate successors, the common rules of practice of the court had become well settled, differing little in principle from those of the present day." Spence "Equitable Jurisdiction of the Court of Chancery" I 379. The written answer apparently dates from the reign of Henry VI, but not until later does it become sharply differentiated, in office, from the demurrer and plea. Kerly "History of Equity" 67.

3. Whitaker v. Rush Amb. 407; Chancellor Kent in Duncan v. Lyon 3 Johns. Ch. 351.

Acts, and more and more finding favor in American jurisdictions, stands on a somewhat different basis. That manifestly was taken over from the law.of Scotland where its origination, there can be little doubt, was due to Roman law influence. But, in the main, Anglo-American civil procedure has gone on its way, deriving nothing from without and evolving from within the elements needed for its amendment and progress. Educated practitioners have always known something in an academic way of the classic Roman procedure, but to the later forms developed on the Continent out of the coalescence of Roman and Germanic institutions they have paid small attention. Even the procedure of those courts in England which conformed closely to the Romano-canonical model was to the common law lawyer a thing apart, in which he took as little interest as in its Continental cognates. It sufficed for him that the methods of Doctors' Commons were not those of Westminster Hall. This narrowness of interest is happily much less pronounced at the present day, but there is still a tendency on the part of English and American lawyers to forget that there is such a thing as civil procedure in other systems of law or else to feel that the procedure of other systems is of necessity inferior to their own. But, in this lack of a procedural community, the fault is not entirely on our side. Continental scholars have not made our procedural institutions the subject of the attention that they deserve. They have, to be sure, been attracted by the institution of trial by jury and have investigated its history with an industry and learning which have redounded to our immense profit. To the system as a whole, however, they have given, in general, but scant and superficial consideration. This is due, in some part, we may well suppose, to the intricate and technical rules of common law pleading and practice whose understanding, in detail, would present almost insurmountable difficulties to the foreign student." But, in larger degree, it is due to the fact that the very much greater volume of Romano-canonical elements in all the Continental systems serves as a common bond to unite them in a sort of freemasonry from which our own system stands apart.

Yet this attitude toward the English system has not prevented Continental scholars, and more particularly the Germans, from bringing the study of comparative civil procedure to a high degree

4. For the history of this institution, see Borchard's learned article “The Declaratory Judgment" Yale Law Journal XXVIII 1-32, 105-150; as to Scotland, in particular, pp. 21-24.

5. Engelmann (“Der romanisch-kanonische Prozess" 199) speaks of the English procedure, especially before the Judicature Acts, as "peculiarly complicated" and of the work of the Swiss writer, Rüttiman, "Der englische Prozess," published in 1851, as "very hard to understand."

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