The Decadence of Equity Author:Roscoe Pound Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Columbia Law Review. Published monthly during the Academic Year by Columbia Law Students. SUBSCRIPTION PRICE, $2.00 PER ANNUM. 30 CENTS PER NUMBER Editoria... more »l Board. Niel A. Weathers, Editor-in-Chief. Arthur G. Hays. Allan B. A. Bradley, Secretary. Charles D. Miller. Gardner Abbott, Business Manager. Frank H. Sincekbeaux. Howard W. Pierce, Treasurer. David M. Proctor. Earle L. Beatty. J. Reuben Clark, Jr. Ralph J. Schwarz. J. Martin Griffith. Kahl C. Bates. W. Carr Morrow. Wilbur L. Cuhminos. Russell T. Mount. NOTES. Trial By Jury For Petty Offences.—The Constitution of the United States provides that "the trial of all crimes, except in cases of impeachment, shall be by jury." Art. Ill § 2 (3). The provision is not expressly restricted as to the grade of crimes to which it applies, and on its face, appears to be absolute, with the single mentioned exception. The federal Supreme Court has, however, recently held that the provision does not apply to petty offences. Schick v. U. S. (1904) 195 U. S. 65. The plaintiff in error in this case was prosecuted for receiving for sale oleomargerine not stamped according to law. He was tried without a jury and the court imposed the statutory penalty of $50.00. The Supreme Court, in considering the effect of the Constitutional provision, pointed out that in the original draft of a constitution in the Convention of 1787 the provision was for the trial of '' all criminal offences " by jury, saying that the substitution of the expression "all crimes" for that of "all criminal offences ' showed an intention to restrict the operation of the provision to grave offences, and quoted the passage from Black- stone where he says that crimes and misdemeanors are violations of public law and are properly mere synonymous term...« less