PER

DEVELOPMENT OF THE RULE IN KEECH V. SANDFORD, THE. Walter G. Hart. Treating the question how far a trustee of a lease purchasing a renewal or the reversion becomes a constructive trustee thereof for his cestui. 21 L. Quar. Rev. 258. DISQUALIFICATION OF EXECUTORS ON OTHER THAN STATUTORY GROUNDSSONAL AND IMMORAL UNFITNESS. John W. Smith. Contending that such disqualification is an unwarranted interference with the testator's expressed desires. 61 Cent. L. J. 106.

DO WE NEED A PHILOSOPHY OF LAW? Roscoe Pound. Discussing the growth and supremacy of the Common Law, and suggesting as a remedy for its present weakening a departure from the individualistic view. 5 Columbia L. Rev. 339. DURATION OF COPYRIGHT. Samuel J. Elder. Showing need of an extension of the term, and comparing our law with that of foreign nations. 14 Yale L. J. 417. ESTOPPEL BY ASSISTED REPRESENTATION. John S. Ewart. Treating of Agency by Estoppel. 5 Columbia L. Rev. 456.

EXCLUSIVENESS OF THE POWER OF CONGRESS OVER INTERSTATE AND FOREIGN COMMERCE, THE. I. James S. Rogers. A review of the leading cases, arguing against the view that state power is concurrent. 53 Am. L. Reg. 529.

FREEDOM OF CONTRACT. Jerome C. Knowlton. Discussing how far the right of the individual or municipality to contract may constitutionally be curtailed by the state. A résumé of the law. 3 Mich. L. Rev. 617.

HAGUE COURT AND VITAL INTERESTS, THE. Thomas Barclay. Arguing for general arbitration treaties in matters affecting the "national honor or vital interests" of nations. 21 L. Quar. Rev. 109.

INCORPORATION BY THE STATES. Herbert Knox Smith. Urging a national uniform law for the regulation of corporations. 14 Yale L. J. 385.

INFLUENCE OF THE BAR IN THE SELECTION OF JUDGES THROUGHOUT THE UNITED STATES, THE. Simon Fleischmann. 13 Am. Law. 165, 199.

IN HOW FAR MAY ACTS OF THE LEGISLATURE BE MADE CONTINGENT upon being ACCEPTED BY POPULAR VOTE WITHOUT VIOLATING THE PRINCIPLE THAT LEGISLATIVE POWER CANNOT BE DELEGATED. F. E. Williams. Drawing the line between acts that affect the state as a whole, and local option laws submitted to the district affected. 61 Cent. L. J. 3.

JURISDICTION OVER Non-Residents in PersoNAL ACTIONS. Edward Q. Keasbey. Reviewing the English and American decisions. 5 Columbia L. Rev. 436. LABOR STRIKES AND INJUNCTIONS. P. L. Edwards. A review of the recent cases upon this subject. 67 Alb. L. J. 209.

LAW OF BANK CHECKS, A PRACTICAL SERIES ON THE. Anon. 22 Banking L. J. 303, 393, 567.

LAW OF THE CONSTITUTION IN RELATION TO THE ELECTION OF PRESIdent, The. J. Hampton Dougherty. A critical discussion of the provisions of the Constitution relating to the election of President. 67 Alb. L. J. 195.

LAW'S DELAYS, THE CAN THEY BE OBVIATED? William Lambert Barnard, etc. Containing a statement of comparative conditions in England, France, and Italy, with a discussion of the applicability of foreign methods to the United States. 17 Green Bag 261, 265, 268.

LAW AS TO AN EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION, PRIZE ESSAY ON THE. John Hall. Discussing the construction of the acts and their scope. 27 L. Stud. J. 178.

LAW CONCERNING MONOPOLISTIC COMBINATIONS IN CONTINENTAL EUROPE, The. Francis Walker. Comparing various attempts at curative legislation, and the causes of their failure. 20 Pol. Sci. Quar. 13.

LEGACIES TO SERVANTS. C. B. Labatt. A short treatment in text-book style, with useful statement of cases. 41 Can. L. J. 425.

LEGAL RIGHTS IN THE REMAINS OF THE DEAD. Frank W. Grinnell. A highly interesting discussion, with full citation of the authorities, of the right and manner of disposing of dead bodies. 17 Green Bag 345.

LIABILITY OF WATER COMPANIES FOR FIRE LOSSES - ANOTHER VIEW. Albert Martin Kales. Restating the prevailing doctrine that the property owners cannot sue. 3 Mich. L. Rev. 501.

LIMITATION OF HOURS OF LABOR AND THE FEDERAL SUPREME COURT. Ernest Freund. Severely criticising the recent case of People v. Lochner. 17 Green Bag 411.

MANDAMUS AGAINST A GOVERNOR. Edward J. Myers. Arguing that the writ should not issue against the governor of a state. 3 Mich. L. Rev. 631.

MARITIME CONFERENCE, THE. II. Anon. Commenting upon the work of the recent conference and the problems which confront it in its endeavor to establish a uniform maritime code for all nations. 119 Law T. 263.

MARITIME LAW AND JURISDICTION IN Australia. F. L. Stow. 2 Commonwealth L. Rev. 157.

MEDICAL EXPERT EVIDENCE. Lucilius A. Emery. Deploring the present unsatisfactory condition of medical expert testimony and favoring court experts as supplementary to the present party experts. 39 Am. L. Rev. 481.

MOST INTERESTING CHANCERY SEQUEL TO A NOTED INSURANCE CASE AT LAW, A. Robert J. Brennan. Commenting adversely on the decision in Northern Assurance Co. v. Ass'n, 183 U. S. 308, holding that there can be no waiver by the insurer of a forfeiture clause when the insured is aware of the breach of the condition, and commending the contrary holding in Grand View Ass'n v. Assurance Co., 102 N. W. 246. 60 Cent. L. J. 484. MUNICIPAL ORDINANCES RELATING

ΤΟ MATERIALS

ENTERING INTO PUBLIC WORKS WHICH INTERFERE WITH INTERSTATE COMMERCE. Eugene McQuillin. 61 Cent. L. J. 65. See supra. NEW GERMAN ČODE, THE. F. P. Walton. A comment upon the new German Code explaining briefly the legal system which it superseded and noticing the points in which it differs from English law. 4 Can. L. Rev. 372.

NOTES ON Maine's "ANCIENT LAW." Sir Frederick Pollock. 21 L. Quar. Rev. 165, 274.

NOTEWORTHY_CHANGES IN THE Statute Law OF THE YEAR. Henry St. George Tucker. Extracts from the Address of the President of the American Bar Association. 17 Green Bag 523.

PARLIAMENT OF NATIONS, A. eral international arbitration. PHILIPPINE PENAL CODE, THE.

Hayne Davis. Discussing the movement toward gen12 The Bar, No. 4, 35.

Richard W. Young. Commenting upon the comparatively limited discretion of Philippine judges in imposing penalties. 13 Am. Law. 147. POWER OF A STATE TO FORBID THE TRAFFIC IN OR THE POSSESSION OF WILD GAME AND FISH WHEN BROUGHT IN FROM ANOTHER STATE OR COUNTRY AS AFFECTING INTERSTATE COMMERCE, THE. Eugene F. Law. Review of the authorities, and criticism of the decisions holding that a state has the right to prohibit such traffic. 60 Cent. L. J. 324.

PRACTICE WORK IN LAW SCHOOLS. James Parker Hall. Its advisability discussed in a paper before the Association of American Law Schools. 17 Green Bag 528. RECOVERY OF MONEY PAID UNDER MISTAKE OF LAW. Frederic C. Woodward. Suggesting exceptions to the general rule of non-recovery, and offering a test. 5 Columbia L. Rev. 366.

RIGHT OF A THIRD PARTY UNDER A CONTRACT INTER Alios. A. C. Galt. An article stating the law in England and Canada, with a collection of the cases in point. 4 Can. L. Rev. 364.

SCHEME OF COPYHOLD ENFRANCHISEMENT, A. H. J. Randall. Suggesting an act abolishing copyhold tenures and converting them into freeholds. 21 L. Quar. Rev. 150.

SOME CHANGES EFFECTED BY THE NEGOTIABLE INSTRUMENTS LAW IN MISSOURI. J. M. Blayney, Jr. Indicating the changes that the act may be expected to produce in the law of Missouri. 60 Cent. L. J. 363.

SUBJECT OF "NO PROTEST," THE. Anon. A practical discussion. 22 Banking L. J. 311. THEORY AND PRACTICE IN THE LAW OF Bailments. Victor D. Cronk. A brief criticism of the theory that there are three degrees of care in the Law of Bailments. 67 Alb. L. J. 135.

TRUE CRITERIA OF CLASS LEGISLATION, THE. Andrew Alexander Bruce. Maintaining that the true test of class legislation is "whether or not by that legislation any person is hindered in his struggle or competition with his fellow men." 60 Cent. L. J. 425.

WHEN WILL AN INNKEEPER'S LIEN FOR THE BOARD AND LODGING of his Guest EXTEND TO THE PROPERTY OF THIRD PERSONS BROUGHT TO THE HOTEL BY THE GUEST? Walter J. Lotz. Discussing the question whether the common law rule giving innkeepers a lien in such cases, is taking property without due process of law. 61 Cent. L. J. 43.

XVI (XIV ?) AMENDMENT —ITS HISTORY and Evolution, THE. I. John W. Judd. 13 Am. Law. 338.

II. BOOK REVIEWS.

WHARTON AND STILLE'S MEDICAL JURISPRUDENCE. Volume I. Mental Unsoundness. Legal Questions by Frank H. Bowlby. Insanity: Forms and Medico-Legal Relations, by James Hendrie Lloyd. Volume II. Poisons. By Robert Amory and Robert L. Emerson. Volume III. Physical Conditions and Treatment. Medical Aspects by Truman Abbe; Legal Aspects by Frank H. Bowlby. Rochester, N. Y.: The Lawyers Co-operative Publishing Company. 1905. pp. clv, 1031; xxx, 858; lxxix, 692. 8vo.

Published originally in 1855, Wharton and Stille's work on Medical Jurisprudence has since that time been considered standard. Witthaus and Becker on Medical Jurisprudence, Forensic Medicine, and Toxicology, published in 1894, in four volumes, is the only other exhaustive American work in this field. The two books differ, however, in form. Witthaus and Becker' is rather in the nature of an encyclopedia than of a treatise, the several chapters and sections being written by different distinguished practitioners in law and in medicine in collaboration with the editors. The first edition of Wharton and Stillé, consisting of one volume of eight hundred pages, was divided into six books: Book I. Mental Unsoundness; Book II. Questions relative to the Foetus and the Unborn Child; Book III. Questions arising out of the Difference of Sex; Book IV. Questions relative to Identity; Book V. Questions relating to the Cause of Death, Part I. Poisoning, Part II. Other Forms of Violent Death; Book VI. Legal Relations of Homicide, Foeticide, and Infanticide. No important change was made in the arrangement or text of the treatise until the third edition, which was issued in 1873 in three volumes. The first volume then was given over entirely to Mental Unsoundness, a subject which had been covered in one of the six books of the first edition. Since that time the treatise has appeared in three volumes. Between the third edition and the present fifth edition, one other noteworthy change occurred. So much new material had been accumulated, and so much greater medical knowledge of poisons acquired by the editors, that in the fourth edition it was found necessary to devote the second volume entirely to the subject of Poisons. This was largely the work of the late Professor Edward S. Wood of the Harvard Medical School, the well-known expert, and is on that account of exceptional value.

The division into volumes in the present edition is similar to that in the preceding; but so many changes have been made in the separate volumes that the whole is almost a new work. Volume I. on Mental Unsoundness has been increased very greatly in size, comprising now about 1000 pages, and thus in itself being larger than the first edition of the entire treatise. The chapters I.-XX. on the jurisprudence of insanity are for the most part new work, the text having been rewritten with many new citations by Mr. F. H. Bowlby of the publishers' editorial staff. Under the heading, "Mental Unsoundness in its Legal Relations," Mr. Bowlby states the law as represented by the decisions of the courts, and considers the effect of lunacy, intoxication, morphinism, and other addictions in questions of contracts, marriage, divorce, wills, gifts, life insurance, torts, offices of trust, settlement and domicile. Further attention is given to insanity and intoxication as defenses to crime; and the rules of evidence on these several subjects are set forth at length.

The remaining chapters of the volume, XX.-LIX., on Forms and MedicoLegal Relations of Insanity, are new work by Dr. James Hendrie Lloyd. These chapters are written from the viewpoint of the scientific expert. After a discussion of general definitions of insanity, and of general principles of law in relation thereto, all the various possible forms of mental unsoundness are treated in turn, defined, explained, and illustrated by actual cases. In this volume citation is made to approximately 4500 cases.

The second volume, on Poisons, is edited by Dr. Robert L. Emerson and by Dr. Robert Amory, who was associated with the late Professor Wood in the preparation of the fourth edition. The same general plan has been followed in this edition, but certain methods for the detection of poisons, now deemed

obsolete, are omitted; and there have been added some new chapters on ptomain poisoning, and on the detection of blood stains, as well as some special work on Wood Alcohol by Dr. F. M. Spalding. The classification of poisons in this edition is made according to their chemical and physical relations rather than by the similarity of symptoms following their use. An appendix contains full statements of some of the more important cases of poisoning which have come before the courts, illustrating either the symptoms produced by the use of the several poisons or the methods employed in the detection of poisoning. The law of Massachusetts on Medical Examiners, the law of Connecticut on Coroners, and the United States Report on Boric Acid, are also included in the appendix.

In the third volume, entitled "Physical Conditions and Treatment," the legal aspects of the subject have been treated by Mr. Bowlby; the medical, by Dr. Truman Abbe. Nothing of the fourth edition has been omitted, but the material has been considerably rearranged. The distinctly new work consists of some chapters on the effects of electricity; and chapters on the rights, duties, liabilities and legal limitations of physicians and surgeons in their personal relations, as well as in all situations arising from their acts.

There are ample footnotes to the important statements in the several volumes giving citations to the works of men in this country and abroad who have devoted special attention to this particular branch of legal study. At the end of each one of the three volumes is a complete analytic index, making it possible to use each volume independently. Generally speaking, treatises on medical jurisprudence lay so much stress on points arising in criminal practice that the very interesting questions which become of importance in civil cases are unduly slighted. In Wharton and Stillé this tendency, originally less apparent than in other books, grows less with succeeding editions. The growth of that portion of the work dealing with mental unsoundness is an illustration. For this reason the work should appeal to a larger class of readers; and despite the fact that Continental writers have made far more extensive researches in the field which it covers than English and American jurists, it is entitled to rank well among the general treatises of the present day.

S. H. E. F.

A TREATISE On the ConflicT OF LAWS, OR PRIVATE INTERNATIONAL LAW. By Francis Wharton. Third edition, by George H. Parmele. In two volumes. Rochester, N. Y.: The Lawyers' Co-operative Publishing Co. 1905. pp. ccxxiv, 1-848; xxvii, 849-1830. 8vo.

The present edition of Wharton's Conflict of Laws, although a great improvement upon its two predecessors in its handling of the various topics considered, is, nevertheless, handicapped by Mr. Wharton's illogical and unscientific treatment of the subject. A most careful examination of the author's division of the questions involved in the Conflict of Laws fails to disclose anything remotely resembling a plan which he has followed. All topics, especially the law governing contracts, are in a state of confusion, the inevitable result of jumbling together the creation, recognition, and enforcement of rights.

The subject of jurisdiction, for one, as faulty in the present edition as in the past, is neither thoroughly grasped nor adequately treated. The editor supports the general trend of decisions in holding that the law to govern the creation of contracts is the law which the parties intend. He further urges that, in the absence of any expressed intention to the contrary, the law of the place of performance should govern, since that state is the one most interested in the contract. This position is due largely to the failure to distinguish clearly be tween the creation and the enforcement of the contractual obligation, and also to a misapprehension of the common law notion of the essential nature of law. For, according to the common law, law can have no extra-territorial effect. Since a contract is an agreement to which the law attaches an obligation, a state can attach an obligation only to acts committed within its borders. To

say that the law intended by the contracting parties should govern the creation of a contractual obligation is just as reasonable as to hold that a person who commits a tort with the intention of being governed by the laws of the state where such acts do not constitute a tort, is therefore not liable. Moreover, if the laws of the state intended by the parties govern the creation of contracts, how can that state be deprived of its jurisdiction by any legislation by the state where the acts are committed? One state having attached an obligation to certain acts, another state can by no amount of legislation affect its right to do so. Yet the law is, that where a state enacts a special law the intent of the parties will not govern.

This unscientific treatment, which vitiates the whole work, has led to many inaccuracies in the editor's treatment of the subjects of marriage (see § 237 b), and the status of legitimated children (§§ 250-251). While every state must recognize a status created by the proper law, yet the consequences that arise in any jurisdiction must depend upon the law of that jurisdiction.

In § 230 a the editor argues that although a divorce granted by a state where a party merely resides is void, yet a statute which expressly substitutes residence for domicile thereby overcomes the general principle that the law of the state where the party is domiciled governs. Why this should be so, the editor gives no reason. An action for divorce is an action quasi in rem, and the only state having jurisdiction over the status which is the subject of the action is the state where the parties are domiciled. How, then, can a state acquire jurisdiction over that status as long as neither of the parties is domiciled there? It is because it cannot, that a voluntary appearance by the parties does not confer jurisdiction: Andrews v. Andrews, 188 U. S. 14.

Again, in §§ 4 b and 257 a, the editor upholds the view that a judgment recovered under a penal statute cannot be enforced in another jurisdiction. This is due to the loose method of statement adopted by some courts in saying that a judgment is merely evidence of the existence of an obligation. The truth is, that the judgment merges the original obligation. An action can be brought on the judgment; it has a distinct statute of limitations, and defenses available in the original action cannot be pleaded in an action on the judgment. Suppose, instead of bringing an action on the penalty, the parties had made a contract, whereby, in consideration of the one releasing the other from his obligation, the other agreed to give a horse; no doubt such a contract would be enforcible everywhere. Why should there be any difference whether the new contractual obligation is created by assent of the parties, or by operation of law, since a judgment is a quasi-contractual obligation? Upon this ground Huntington v. Attrill, 146 U. S. 657, may be supported.

While the editor of this new edition has done his work with zeal and ability, no amount of editing can overcome the defects inherent in Wharton's Conflict of Laws. Whether a consciousness of the inadequacy of the original, or a large public demand for a work on this subject, or both, led to this new edition, the question still remains why so unscientific a work on the most scientific branch of the law should be deemed worthy of a new edition. S. J. R.

THE CIVIL CODE OF THE REPUBLIC OF PANAMA, and Amendatory Laws,
Continued in Force in the Canal Zone, Isthmus of Panama, by Executive
Order of May 9, 1904.
Translated under the direction of Charles E.
Magoon, General Counsel, Isthmian Canal Commission, by Frank L.
Joannini. Washington, D. C.: Isthmian Canal Commission. 1905. pp.
xvi, 681. 8vo.

Upon the declaration of its independence in November, 1903, the Republic of Panama, by proclamation, continued in force the pre-existing law, with such modifications as the political changes effected might require. The Panama code is, consequently, substantially identical with that of Colombia, and like the latter is Spanish in origin and development, being based upon the Roman law.