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 The Green Bag

292

sufficient to so port its judgment that an exigency existe for its interference. Such a test would not be unduly rigorous; and its effect upon legislation itself would not be otherwise than salutary. . . . “Our views on social relations and public control may undergo considerable changes. A certain standard of living may come to seem as important as the preservation of ‘health; industrial employment may become affected with a public interest, and regulation may

supersede

contract,

as

contract

has

superseded status. If such changes come, it will require no constitutional amendment to give them effect." Haboas Oorpus.

Federal Courts."

"Habeas Corpus Cases in

By Russell H. Curtis.

3

Lawyer and Banker 12 (Feb).

“A federal court has a discretion whether to exercise its jurisdiction to release by habeas Corpus a prisoner conﬁned by state authority in contravention of the Constitution, laws and treaties of the United States, or to put him to his writ of error to the hi hest state court which can decide the case. e decisions of the Supreme Court show that the jurisdiction by habeas corpus in such cases will not be exercised except in urgent cases. That a defendant indicted in a state court has a de fense arising under the federal Constitution to which the state court may not give effect when it tries the case, is not ground, standing

alone, on which a federal court will grant a writ of habeas corpus." Insurance. "Is Deed of Trust on Personal Property at Time Fire Insurance Policy Issues Violation of Condition Against Incumbrance by Chattel Mortgage?" By Beverley T. Crump 15 Virginia Law Register 842 (Mar.).

"Fourth, . . . a court composed of twenty one judges (one from each American republic) would not present the insurmountable objec

tions thought to exist against a court com posed of forty-six judges. . . . "Let the Pan-American Congress conﬁrm the appointments made by Amencan republics to the rrnanent Tribunal of Arbitration. This wi ensure conﬁdence of countries other than the one originally making the appoint ments. . ..

"There would be ﬁve or six circuits. . . . The Chief Justice of each Circuit Court ap pointed by his associates would represent hlS circuit on the Supreme Court to which ﬁnal appeal would be in all cases between nations, and in speciﬁed cases between citizens of different nations." Interstate Oomrnorco. “The Department of Justice." By George W. Wickersham, Attorney-General of the United States. Outlook, v. 94, p. 611 (Mar. 19). A descri tion of the various branches of the work 0 the Department. “I am ﬁrmly convinced of the necessity for the vigorous assertion of federal power over those subjects devolved upon the national government by the Constitution of the United States, which the experience of a century has shown cannot be properly and adequately managed by the states. The commerce of this country has become almost entirely interstate and international commerce. The states have demonstrated their complete inability either properly to regulate and control that commerce, or lHtClllFCfltlY and

eﬁiciently to create and contro adequate agencies to ca it on. The national govern ment has been iterally compelled to exercise its indisputable ower to regulate interstate and intemationa

“The rule in Virginia is now to be regarded as ﬁxed-that the breach of the stipulation against a chattel mortgage, upon compliance with which the validity of the licy by its terms is made to depend, wi avoid the licy and defeat a claim upon it, unless owledge of the chattel mortgage is brought home to the company, or it is otherwise estopped from relying upon it."

International Arbitration.

“The Founda

tions of International Justice." Davis.

By Hayne

Independent, v. 68, p. 504 (Mar. 10).

"Some of the chief difficulties encountered at The Hague in the endeavor to create an international gudiciary do not appear to stand in the way 0 establishing a court of justice for the Union of American Republics. "First, the governments are all of one kind, republics. “Second, they are all committed by impli cation, if not expressly, to respect each other's territory; whereas the history of Europe is the history of national aggression. . . . "Third, there is alread a union of Ameri can governments whose ngress meets peri odically, and is able to,act. . ..

the

regulation

commerce, by undertaking

and

control

of

interstate

railways, and to devise and enforce le ' lation

to check the growth of great monopo ies and combinations, in order to prevent the absorp tion into the hands of a very few men of all the great industries of the land. This work the national (government must carry out thoroughly an effectively. It cannot dele te it nor leave any part of it to the states. ts control over this subject is, under the Constitution, complete, comprehensive, and exclusive." "Power to Regulate Transportation Charges by Statutory Enactment." By Senator Joseph W. Bailey. 13 Law Notes 227 (Mar.). The address 'ven by Senator Bailey before the New York tate Bar Association. (See 22 Green Bag 174.)

"Railroad Accounting in Ameriua. vs. Eng land." By W. M. Acworth. North American Review, v. 191, p. 330 (Mar.).

The writer takes issue with the ruling of the Interstate Commerce Commission that all ex nditure for additions and better-ments must e charged to capital account.