Page:The Green Bag (1889–1914), Volume 20.pdf/278

 EDITORIAL DEPARTMENT

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CURRENT LEGAL LITERATURE defartmtnt is designed to call attention to the articles in all tht leading legal periodicals of the preceding month and to new law books sent us for review

Conducted by WILLIAM C. GRAY, of Fall River, Mass Two articles of very general interest on account of their political bearing and timeliness, as well as the quality of their thought, are Mr. Sunderland's paper on " The government's suit against the Union Pacific," and Mr. Guthrie's address on " The power of the Federal courts to enjoin the enforcement of state statutes." Articles of more restricted interest but of high quality to which attention may be called are Mr. Warren's on "Collateral attack on incorporation," Mr. Bartlett's on "The effect of marriage on a woman's nationality," Mr. Smith's on " Material-men's liens " and Mr. Walter's on " The rights of life tenants and remainder-men as to corporation stock." ADMIRALTY. " Admiralty Law," by Al jurisdiction under our system add to this fred C. Coxe. Columbia Law Review (V. viii, confusion . Congressional legislation to remedy this is p. 172). A brief exposition of the subject and a plea for more attention to it in law needed. Its first aim should be the eradica tion of the distinction between " foreign" school curricula. ADMIRALTY (Material-men's Liens). " The and " domestic " vessels. In the other Confusion in the Law Relating to Material- matters it should proceed " upon one of two men's Liens," by Fitz-Hcnry Smith, Jr., theories: either (i) that all repairs upon or Harvard Law Review (V. xxi, p. 332). The necessaries delivered to a vessel by order of a law in this country regarding material-men's person in authority shall give rise to a claim liens on vessels is in a very confused state. on the res without reference to the matter Mr. Smith considers most of the difficulties of credit; or (2) that no lien shall exist in the and anomalies due to three cases decided by absence of an express agreement therefor, the Supreme Court. The General Smith, 4 evidenced preferably by a writing." Wheat, 438, gave rise to the distinction ANTI-TRUST PROSECUTIONS. "The between " foreign " and " domestic " vessels, Suit Against the Union Pacific " by Edson R. by declaring that whether a lien arose for Sunderland, Michigan Law Review (V. vi, supplies furnished in the vessel's own port p. 361). Analyzing the situation of the or state depended on the law of the state. Union Pacific Railroad, against which a bill The St. Jago de Cuba declared (i) that under the Anti-Trust law was filed by the it was not in the power of any one except government on February i, 1908, Mr. Sunder the .master to give implied lien on a vessel; land declares it clearly within the Northern and (2) that when the owner is present " the Securities decision that any combination contract is inferred to be with the owner which tends to restrain interstate commerce or himself on his ordinary responsibility, without tends to create a monopoly in such commerce is a view to the vessel as the fund from which a violation of the law. He agrees with Justice compensation is to be derived." People's Holmes that if the Northern Securities decision Ferry Co. v. Beers, 20 How., 393, held that a rules were strictly applied to the business contract for the construction of a vessel is world we should find ourselves plunged into not maritime because neither made nor to be an eternal war of each against all which performed on the water, and hence is not would disintegrate society into individual within the jurisdiction of the admiralty storm. The railroads wish to be at peace; courts. These decisions the author considers the government would compel them to be at erroneous and he declares they have caused war, contrary to their own interests and those great confusion and uncertainty in practice. of the public. The diversity of the state statutes and the "Viewed in this light it might seem that the frequent conflicts of authority due to the suit against the Union Pacific involves the large number of courts with admiralty most far-reaching and disastrous conse