Page:The Green Bag (1889–1914), Volume 19.pdf/399

 370

THE GREEN BAG

tional capacity abroad; none the less can it exercise civil capacity abroad, because the exercise of civil capacity does not necessarily entail the exercise of any functional capacity. Of the two capacities it is the functional capacity only that concerns social interests. The true conclusion, therefore, to be drawn from the premiss that social interests are in volved in the existence of every juridical person is that foreign juridical persons must obtain the express permission of the territo rial authorities before exercising their func tional capacity, and no conclusion can be drawn limiting their power to exercise civil capacity. ... In practice this distinction is clearly recognized in our own law as to service of process, and in that of the United States." CRIMINAL LAW. "The Definition of Criminal Responsibility," by T. W. Harrison, Virginia Law Register (V. xiii, p. i). CRIMINAL LAW. " Defence of Insanity in Murder Cases," by Goodwin Gibson, Canada Law Journal (V. xliii, p. 265). CRIMINAL LAW. " Cocainism and some Medico-Legal Relations," by T. D. Crothers, Medico-Legal Journal (V. xxiv, p. 604). EDUCATION. " Humanistic, and Particu larly Classical Studies, as a Preparation for the Law," by Harry B. Hutchins, May Michi gan Law Review (V. v, p. 545). EQUITY. " The Attitude of Equity towards the Strike and Boycott — Use of Injunction," by W. F. Meier, Law Notes (V. xi, p. 27). EQUITY. " Latent Equities," by George A. Lee, Central Law Journal (V. lxiv, p. 363). HISTORY (Chicago Anarchists). In the May Harpers' (V. cxiv, p. 889) appears an other of the " Decisive Battles of the Law," described by Frederick Trevor Hill. This time he gives a narrative of the trial of the Chicago anarchists. Though, of course, in tended chiefly for popular reading, the article seems superior in style to those of the series that have preceded and without neglecting the dramatic scenes of the trial gives a simple but very interesting and impartial account of this famous case. HISTORY (English). "The Bench and Bar in the Golden Age of the Common Law," by John Maxcy Zane, May Illinois Law Review, (V. ii, p. 1). An account of English lawyers under the Norman kings.

HISTORY (French). "The French Bar," by Paul Fuller, Yale Law Journal (V. xvi, p. 457). A sketch of the history of the pro fession in France and its present requisites and position. HISTORY (Haywood Case). An impartial discussion of the proceedings preliminary to the trial of Haywood entitled " The Idaho Murder Trial," by Luke Grant in the Outlook for April 6 (V. lxxxv, p. 805) will clarify the ideas of those who have been much confused by the conflicting statements that have appeared in the press regarding this trial which is now attracting national attention. HISTORY (Patrick Case). Arthur Train, in the May American Magazine (V. lxiv, p. 97), relates the remarkable narrative ending with the commutation of the sentence of Albert T. Patrick, under the title " The Patrick Case Complete." In conclusion the author says, "Technically the case against Patrick was not a strong one; dramatically it was overwhelm ing. His own failure to testify, and his re fusal to allow his lawyer, Mr. House, to relate what passed between them at the Tombs, remains significant, although not evidence proper for a jury to consider." INTERNATIONAL LAW (Contraband of War). " Hobbs v. Henning," by E. L. Dc Hart, in the April Law Quarterly Review (V. xxiii, p. 199), is a discussion of a case much quoted by writers on international law, who are opposed to the application of the prin ciple of continuous voyages or ultimate des tination to contraband of war. The author says such writers overlook Seymour v. London, etc. Co., 41 L. J. C. P. 193, which did not find its way into the Law Reports although in this case the court explained their previous decision so as to make it impossible to rely on Hobbs v. Henning as authority for the propo sition for which it is usually cited. In the later case " the court decided that goods of a contraband nature are liable to seizure on a voyage which, so far as the ship is concerned, ends at a neutral port, when they are intended to be carried by inland navigation to a place in the enemy's territory. The court did not profess to deal with the question whether goods can be condemned as contraband, when they are intended to be sent by land from a neutral port to an ulterior