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THE GREEN BAG

tion of the first and second. It is like the first when the court of the forum takes judicial notice that the foreign state has fundamentally the same system of law as that of the forum. It is like the second when the court of the forum takes judicial notice that the foreign state has fundamentally a different system of law from that of the forum." The author finds that the third view is hard and illogical and concludes that " the third position is one the existence of which may fairly be doubted, and which, if it does exist, is an irrational and inconsistent development, heaping an unjust burden upon one who ordi narily does not have to go forward with proof in the first instance. The second is extreme but consistent, and has some advantages of EQUITY (Injunctions, Municipal Corpora certainty in its application. Its fault is that tions). " Injunction as a Remedy to Restrain it also, without any adequate ground, places Passage, Test Validity, and Prevent Enforce ment and Violation of Municipal Ordinances," a burden of going forward with evidence upon by Eugene McOuillin, Central Law journal the party who ordinarily does not have to do so. (V. Ixii, p. 257). "The first position, on the contrary, pre sents a rational and logical development of the EVIDENCE (Presumptions). Albert Mar law. It does more accurate justice between tin Kales contributes to the April Harvard the parties by leaving the natural burden of Law Review (V. xix, p. 401) an important going forward with evidence where it belongs analysis of the somewhat loosely reasoned unless there is a good reason for changing it. cases relating to " The Presumption of Foreign It has also, it is submitted, the support of such Law." The author finds that there are three eminent judges as Lord Eldon, Chancellor possible rules on this subject. Kent, and, more recently, Mr. Justice Holmes." "The first position is as follows: when the court of the forum takes judicial notice that EVIDENCE (See Practice). the foreign state has fundamentally the same system of law as that of the forum, the court GUARANTY (See Contracts). of the forum will presume that the law of the foreign state is the same as that of the system INTEREST. " The Law of Interest," by of law (exclusive of statutory changes) funda mentally common to both; otherwise there K. B. Dastin, Bombay Law Reporter (V. viii, is no presumption at all. P. 78). "The second position is that the law of the INTERNATIONAL LAW. " Need of an forum (even though it be statutory) is always International Conference," by Edwin Maxey, applicable in the absence of proof of the Albany Law Journal (V. Ixviii, p. 35). foreign law. "In the application of this rule it is entirely INTERNATIONAL LAW. " Need of a unnecessary to make the slightest distinction between whether the foreign state is one which Practical Provision for Amending Inter has fundamentally the same system of law as national Law," by Edwin Maxey, American the forum or not. The rule is a definite one Lawyer (V. xiv, p. 116). in regard to all cases where the foreign law is INTERNATIONAL LAW. "Treaties as a involved and has not been proved, and where the forum has any law on the subject. Source of International Law," by Edwin "The third possible position is a combina Maxey, Virginia Law Register (V. xi, p. 863). Anti-Trust Act. The letter seems to apply to consolidated labor as well as consolidated capital. "It permits the government of the United States to seek, in the prevention of wrongful strike measures which jeopardize interstate and foreign commerce, the same weapon which private individuals or corporations may em ploy when their interests are similarly threat ened. And hence, the rules which we have shown to regulate injunctions at common law doubtless apply here." The rights and liabilities extending to strikes apply to lockouts. Blacklists and unfair lists are not necessarily illegal.