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The Green Bag

NEW BOOKS RECEIVED. ECEIPT of the following new books, which will be reviewed later, is acknowl edged:—

Company. Boston. Pp. liii, 485 (alternate pages blan and not numberedH-index 80. (84 net.) "Ant Communities and How They Are Governed; AStud in Natural Civics." By Henry Christopher McCoo . Harper & Brothers. New York and London. Pp. xvii, 304+bibliography9 and index

"Historical Essays." By ames Ford Rhodes. LL.D., D. Litt. Macmillan mpany. New York. Pp. viii, 323+index 11. (82.25 mi.) "Lincoln. Lee. Grant, and Other Biogra hical Addresses." By Jud e Emma, Speer. eale Publishing 00.. New ork and ashrngton. Pp.

7.

269. 269. (:2 m.) “A Digest of the Law Relating to Private Trusts and Trustees." By Walter Gray Hart, LL.D.. “Law Notes" Publishing Oﬁices. London. Pp. xxiv, 413 appendix and index. 50. "Report of the Thirty-Second Annual Meeting of the American Bar Association." held at Detroit. Michigan, Au 24-27. 1909. v. xxxrv. Pp. 1170 +index 18. $1.25.) "A Pocket Code of the Rules of .Evidence in Trials at Law.” B éobn Henry W1 ore. Pro fessor of the Law oi’ vidence in the aw School of Northwestern University. Little. Brown. 8:

(82 m.)

"Re rt of the Twenty-ﬁrst Annual Meetin of the Virginia State Bar Association." held at ot Springs. Va.. August 10-12. 1909. v. xxii. Edited by ohn B. Minor, of the Richmond Bar. Pp. 30 index 14. ($2.) "Selections from the Economic History of the United States. 1765-1860"; with Introductory Es says. By Guy Stevens Callender. Professor of Political Economy in the Sheﬂield Scientiﬁc School. Yale University. Ginn & 00.. Boston, New York, Chicago and London. Pp.xviii. 819. ($2.75.) “International Law." By Geo e Grafton Wil son. Ph.D., Professor in Brown niversity. and George Fox Tucker. Ph.D.. Latel Reporter of Decisions of the Supreme Judicial urt of Massa chusetts. 5th ed. Silver, Burdett 8: Com any. New York, ‘Boston & Chicago. Pp. xix, 34 +ap pendices 140 and index 15. ($2.50.)

Latest Important Cases Admiralty. jurisdiction of United States Courts-"High Seas" May Include French Territorial Waters—Res Adjudicata. U. S. The scope of the admiralty jurisdiction of United States Courts was exhibited in one of its broadest aspects in Mary Steurer v. Steamship Kaiser Wilhelm der Grosse and Steamship Orinoco, decided by the federal District Court for the southern district of New York Dec. 17 (N. Y. Law ]0ur., Dec. 31).

The circumstances of the case are striking, in that the former steamship was a German vessel. the latter a British one, while the

libellant was an Austrian subject, and the collision causing the personal injuries for which she sought to recover occurred near the harbor of Cherbourg, within three miles of the coast of France. The Court (Hough, J.) held that the fact that the place of collision was within the territorial waters of France “does not prevent such waters being also a portion of the high seas." The following remarks made in The Belgenland (114 U. S. at 368) were quoted

as applicable to the present case: "Where the parties are not only foreign, but belong to different nations. and the injury . . . takes place on the high seas, there seems to be no good reason why the party injured . . . should ever be denied justice in our courts."

Jurisdiction thus being claimed, the Court held the libellant entitled to recover. basing such right of recovery on the prima facie case of fault on the part of the vessels. made out by a judgment in an action growing out of the same collision tried before the English High Court of Justice. Admiralty Division. and aﬁirmed by the Court of Appeal. This judgment. while not strictly res adjudicate, was held to constitute. by comity, conclusive and non-rebuttable evidence of fault.’ It was explained that in allowing a decree for the libellant against the Kaiser Wilhelm der Grosse, only a prima facie case was made out; the parties defendant were left to litigate between themselves as to ultimate liability. On the point whether it was essential to the jurisdiction here assumed that libellant’s right or cause of action should be communis juris, the Court said:-—’ “The libel sets forth the law of France,

but no proof of that law has been offered. It also. however, avers pain and suﬁering caused by the fault of the steamships or one of them. and concludes with the usual juris dictional assertion. This is sufficient aver ment of a marine tort, and if such tort be committed on the high seas it is commum's juris among all courts possessing admiralty and maritime jurisdiction." '