Page:The Green Bag (1889–1914), Volume 23.pdf/165

 Index to Periodicals as criminals and deals with them, however len

iently, as convicts." See Penology. Labor Law. “Women Laundry Workers in New York." By Sue Ainslie Clark and Edith Wyatt. McClure'.r, v. 36, p. 401 (Feb.). These facts gathered at ﬁrst hand about the conditions under which women work nowadays in laundries are of special timeliness in connec tion with the tendenc of current legislation to regulate the hours 0 labor of women in the interest of their health and welfare. "Capital and Labor." By John S. Whalen. Editorial Review, v. 4, p. 58 (Jan.). A plea for co-operation between the employ ing class and the employed as the best means of solving the problems of capital and labor. Legal History. "Selden as Legal Historian." bridge. By Harold 24 D. Harvard Hazeltine, Law Review University 205 (Jan.). of Cam— The concluding installment of an essay noticed in 23 Green Bag 94. "Selden's defective literary style is perhaps the chief mason why his learned tomes are now little read except for reference and why his fame in literature rests fundamentally upon his Table Talk and upon that alone. . . . "Sclden's style is ordinarily quite solemn and grim enough for the most solemn and grim of his readers; but at times this grey sky is lighted up by quaint and striking verses culled from many an out-of-the-way place, by vivid and pictur esque descriptions, and by ﬂashes of humor and sarcasm." "Burgage Tenure in Mediaeval England, III." By M. de W. Hemmeon. 27 Law Quarterly Review 43 (Jan.). We have already commended this scholarly treatment of a forgotten phase of feudal tenures. (22 Green Bag 538, 704.)

See Monopoly. Literature. See Legal History. Maritime Law. "The Doctrine of Continu ous Voyage." By Charles Noble Gregory. 24 Harvard Law Review 167 (Jan.). “in 1899 the Supreme Court of the United States decided in The Adrda (176 U. S. 361), a case arising from the blockade of the Cuban coast, that it would not modify its doctrine that a ship sailing to break blockade was liable to capture and condemnation as soon as she left the territorial water of her initial port, and that

this view would be in no way changed on account of the opinions of foreign writers. From this it may be argued that the important consensus of foreign writers and learned authorities ex pressed by the lnternational Conference [result ing in the Declaration of London of 1909] against the doctrine of continuous voyage cannot be received to modify the rule of that court, and

so of the nation whose chief tribunal it is, until Congress sees ﬁt to make such modiﬁcation by statute,

or

until

the

treaty-making

power,

namely, the President and Senate, by proper negotiations and ratiﬁcation alter the rule. . ..

141

"My honored and learned friend, Professor

Westlake, has very ably opposed the German doctrine that the laws of war are liable to be overridden by necessity, answering the argu ments of Lueder that the commanders will act on the dictates of necessity whatever may be laid down, and will not submit to defeat or ruin in order not to violate formal law. Dr. West lake says, ‘This ground reduces law from a con trolling to a registering agency.‘ Admitting the force and dignity of this conception, yet in the grim struggle for existence between two nations, where human life is as nothing, a formal rule as

to property which represents a ﬁction, a pre tense or a device will be apt to be disregarded." “The Declaration of London." By Rt. Hon. Arthur Cohen, K. C. 27 Law Quarterly Review 9 (Jan.). Read last August at the conference of the International Law Association. See 22 Green Bag 598. Some additions, however, have since been made. This eminent jurist concludes: — "The Declaration of London is defective in the points I have above 5 iﬁed; it is also incom plete, because it has failed to determine three of the important matters it was intended to decide. The real question to be settled by Par liament is, whether these defects and this incom

pleteness are not greatly counterbalanced by the advantage of having two excellent codes of the law of contraband and of blockade together with valuable provisions relating to the right of search and the right to compensation, and by the establishment of an International Prize Court instead of the Prize Court of a belligerent power for determining the rights and obligations of neutral governments and neutral subjects; or whether it should be reserved for negotiations between the Naval Powers or for another Hague Conference to remove the defects of the Declara tion and to solve the questions it has left unanswered." “Sea-Made Law in Germany." By H. W. Wil son. National Review, v. 56, p. 740 (Jan.). Mr. Gibson Bowles in a recent book has op posed the ratiﬁcation of the Declaration of Lon don as a blow at the power of the British navy. The writer reviews this work, and says: "The

Declaration of London and its surrenders must go. It must never be ratiﬁed unless this coun try is pre red to accept without a struggle the passing 0 its sea-power to Gennany." "The New Federal Statute Relating to Liens on Vessels." By Fitz-Henry Smith, Jr. 24 Har vard Law Review 182 (Jan.). “It is unfortunate that Congress cannot legis late to supersede the provisions of the state statutes conferring liens for the construction of a vessel, but so long as the Supreme Court main

tains the view that a contract to build a ship is not maritime, which view it has recently reiter

stitutional ated (The Winnebago, power to make 205 the U. S. change 354), does the con— not appear to exist. There are. however. _some remaining features of the state laws relating to liens on vessels which might Well be eradicated. for not a few of the state statutes have under