Page:The Green Bag (1889–1914), Volume 22.pdf/737

 .. I

_ _._—M i

Index to Periodicals "Indian Unrest." By Sir A. H. L. Fraser, late Limit-Governor of Bengal. Nineteenth Century, v. 68, p. 747 (Oct.). "There seems to be reat reason to believe that the situation in ndia has very much improved." "Lord Minto's Viceroyalty." Edinburgh Review, v. 212, no. 434, p. 501 (Oct.). A review of the Governor-General's ad ministration, possibly more appreciative than critical, but arming at impartiality. Ireland. "Nationalism and Nationality in Ireland-II." By Col. Henry Pilkington, C.B. Contemporary Review, v. 98, p. 458 (Oct.). Latin America. “The Promise of Latin America." Quarterly Review, v. 213, no. 425, p. 451 (Oct), The civilization of Latin America is here analyzed with discernment in an extended study, and the national and social character

istics of the diﬁerent republics are reviewed. Persia. "A Year of Constitutional Persia." By Zawwar. National Review, v. 56, p. 306 (Oct.). See Direct'Legislation, Executive Powers, Federal and State Powers, History, Interstate Commerce,

Nominations,

Party

Politics,

Race Distinctions, Socialism. History. “The Electoral Commission as the Arbiter of Conﬂicting Claims to the Presi dency." By E. Countryman. 44 American Law Review 701 (Sept.-Oct.). An attempt to review the Tilden-Ha es electoral controvers with impartiality. he author supported r. Hayes in that election, and has never admired Mr. Tilden nor his methods, but he thinks Mr. Hayes should have

declined an honor dishonestly and illegally bestowed. The three Associate Justices who joined in the decisions are unfavorably criticized. Insurance. See Suretyship. International Law. See Disarmament, Government, International Servitudes, New foundland Fisheries Arbitration, Prize Law. International Servitudes. “A Note on the Hague Award in the Atlantic Fisheries Arbitration." By James Edward Hogg. 26 Law Quarterly Review 415 (Oct.). A brief résumé showin how the Tribunal exploded the theory of international servi tudes which was urged b counsel for the United States. But thoug this country did not win its contention that it had a right to concur in the framing of ﬁshery regulations, it nevertheless, through the theory of “ob ligatory relation," achieved the right to have something to say about their reasonableness. "Instead of the anomalous and inconvenient right in rem which was claimed, the United

703

States have secured a normal and practical right in ersonam." [The ribunal, by deﬁning an international servitude as an express grant of a sovereign right as opposed to that of a "purely eco nomic" right, seems to have squarey de cided that a ﬁshing right cannot be a servitude. The distinction in the minds of the Tribunal seems to have been that between a public and a private right. While ﬁshin is not a sover eign or pubic right, the re ation of ﬁshing is, and it might be possible to treat a grant of such a right as a cession of the olice power over certain ﬁsheries. The dilgmma may perhaps be avoided if we suppose the Treaty of 1818 not to be fairly subject to construc tion as an express grant of sovereign power, but simply of a ﬁshing privilege in WhlCh no such power can be involved except by remote implication. And the Tribunal went on record as ﬁrmly opposing the recognition of any international servitude not resting on the express evidence of an international contract. There may consequently be a loophole for those learned text-writers who have been saying that ﬁshing rights in foreign territorial waters may constitute servitudes. But it would now appear that they cannot be servitudes without an ex ress grant of a right clearly sovereign. f such a grant exists, possibly it would be more nearly correct to call a ﬁshing rivilege a right annexed to or growing out 0 a servitude, than a servitude itself. —Ed.] Interstate Commerce. See Federal and State Powers, Monopolies, Rate Regulation. Labor. "Strikes; I." By R. A. Reid, D.C.L. 30 Canadian Law Times 749 (Oct.). The earliest recorded instances of strikes are here said to include the strike among the ﬂute layersin the Temple of Ju iter described by ivy, the strike of the akers of the Roman province of Magnesia, the exodus of the Israelites from Egypt, etc. Roman laws regarding strikes are mentioned, and. modern English and Canadian legislation legalizing stri es is brieﬂy described. “The American Working Man." By “Politicus." Fortnightly Review, v. 88, p. 604 (Oct.). "The various tests applied to production and

consumption,

to

wages

and

savings,

conﬁrm each other. They show a marvelous industrial expansion in the United States, and an alarming industrial decline in Great Britain. They show conclusively that the British working man is ill-employed, ill-paid, and poor, if compared with 's exceedingly prosperous American colleague." "The Newport Dock Dispute." By T. C. 26 Law Quarterly Review 377 (Oct.).

Tobias of the Irish Bar.

The English law relating to intimidation, violence, and conspiracy is here discussed. See Employer's Liability, Osborne case.