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THE GREEN BAG

CURRENT

LEGAL

LITERATURE

This dipartment is designed to call attention to the articles in all the leading legalperiodicals of the preceding month and to new law books sent usfor review. Conducted by William C. Gray, of Fall River, Mass. The law school reviews having resumed publication the material for this department recovers its normal proportions. The articles reviewed cover a wide range, no one subject occupying a commanding position as sometimes happens, nor does any one article stand out as the great article of the month, but it can safely be said that a high average of attainment has been reached, and there are many articles noticed which will well repay reading in their entirety. ADMIRALTY (Action for Death on the BIOGRAPHY. "Dr. A. A. Stockton," by High Seas). "Enforcement of a Right of David Russell Jack, Canadian Law Review Action Acquired under Foreign Law for (V. vi, p. 359). Death upon the High Seas," by G. Philip CARRIERS (England). " Railway Passen Wardner, Harvard Law Review (V. xxi, p. i). gers' Personal Luggage," by G. Addison The object of this article is to question the Smith, The Law Magazine and Review (V. correctness of the decision of the Circuit xxxiii, p. 13). Collecting and commenting Court of Appeals reported in 100 Fed. 655, on decisions under the English Carriers Act as which dismissed the libel in personam brought to railway liability for loss of or damage to by the administrator of a passenger against luggage. the French steamship company that owned CARRIERS (Limiting Liability). "Agreed the lost steamer La Bourgoyne. Although Valuation as Affecting the Liability of Common our common law and general maritime law Carriers for Negligence," by Henry Wolf give no right of action for death caused by a Bikle", Harvard Law Review (V. xxi, p. 32). wrongful or negligent act, Mr. Wardner main An examination of the cases on this point leads tains that " where a right of action for death the author to say: upon the high seas is given by the general "The law will develop, we believe, into a maritime law of a foreign state, it should recognition of the importance of the carrier's certainly be enforced under proper conditions knowledge or ignorance of the real value of by admiralty courts of the United States, in the goods carried, for the policy of the rule favor of citizens of the United States, and forbidding the limitation by common carriers of their liability for negligence is, under pres should on principle also be enforced even as ent conditions of transportation in this coun against citizens of the United States." The try, so generally accepted that its modification doctrine on which this is based is the familiar is not probable." one that rights accruing under foreign law will CONFLICT OF LAWS (see Admiralty). be enforced, whether the law of the forum CONSTITUTIONAL LAW (Australia). "The gives a similar right or not. The article is to Privy Council and the Australian Constitu be continued. tion," by W. Harrison Moore, Law Quarterly AGENCY (Broker's Commission). "Letting Review (V xxiii, p. 373). The recent case of and Subsequent Sale, Estate Agents' Commis Webb v. Outrim, the Commonwealth of Aus sions," by J. F. K. Cleave, Law Magazine tralia intervening ([1907] A.C. 81) is the first in which the Privy Council has been called on and Review (V. xxxiii, p. 48). Short exami nation of the English decisions on the puzzling to determine the constitutional relation be and litigation-producing cases where a broker, tween the Australian Commonwealth and its empowered to sell, succeeds in getting a lessee states. The actual decision was that the who afterwards buys, raising the question salaries of federal officials are not exempt whether the broker is entitled to a commission from assessment for state income tax. Mr Moore's article approves this, but criticises on the purchase price.