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 Index to Periodicals the points that will have to be considered by the Government which places an Aviation Act upon the Statute Book." Codiﬁcation. "The Need for Codifying

199

374) as the leading statement of the law on the subject, have declared in terms enviable, at least,

By Walter G. Hart,

for their clearness, that an act which when done by one alone is not actionable, does not become so when done in pursuance of a conspiracy. The cases of Wellington v. Small and another (3

LL.D. 36 Law Magazine and Review 129 (Feb.). "Why is it that so little progress has been made? The reason apparently is that there is as yet no sufﬁcient body of public 0 inion in favor of it. The lay public is probably avorable to the idea, but is apathetic. It has long ago abandoned any hope of being able to deal with the amendment of so intricate, complicated and cumbrous a subject as the law of England. It feels that it is a matter it must leave to experts, the legal profession—and the legal profession is on the whole opposed to codiﬁca tion. Many still fear that a code would lack the ﬂexibility of uncodiﬁed law and would stifle development. This has always been the main contention of those opposed to codiﬁcation from the time of Savigny onwards, but its fallacy is proved by the test of experience. There is noth ing to suggest that the growth of law has been

and, especially, Hulchins v. Hutchins (7 Hill 104), are worth referring to on the question. . . . "There seems to be authority affording ground for the proposition that a conspiracy to commit a legal injury, resulting in acts which inﬂict loss but are not in themselves unlawful, may be actionable, though the like result, if brought about by an individual apart from conspiracy through acts not in themselves wrongful, would not be actionable." Constitutional Amendment. “A Con vention to Amend the Constitution—Why Needed-How it may be Obtained." By Walter K. Tuller. 193 North American Review 369 (Man). By means of a compilation of extracts from Elliott's "Debates of the Constitutional Con

stiﬂed in those countries which have codes, and

vention," the writer considers it to be conclu

Savigny's own country has framed and passed into law the completest and most scientiﬁc series of codesthat has ever been promulgated. No country that has codiﬁed its law has ever indi cated the slightest desire to revert to the uncodi

sivel established that when the requisite number of applications from the states are received it is the positive duty of Congress to call a convention for the purpose of revising the Constitution. "In this one instance, which is perhaps the only oneI Congress acts no! in a legislative bul ina ministerial capacity. . . . The form of remedy for compelling Congress to act would seem clearly to be a writ of mandamus." l‘The Machinery of Constitutional Amend

the Law of England."

ﬁed system.

"The eﬂ'orts of reformers must therefore be directed towards overcoming this sentimental objection and to creating a body of professional opinion in their favor. When such a body of opinion has been formed, the battle will have been won. ' Commercial Law. "Mercantile Co-opera tion for Legal Self-Defense." By Edward D. Page.

5 Illinois Law Review 431 (Feb.).

Describing different forms of mercantile co-operation in New York City, for the purpose of exchanging credit information, of securing the impartial enforcement of the bankruptcy law, and of handling the litigation of a large number of ﬁrms. The author favors simpli ﬁcation of court procedure in mercantile cases,

and suggests that the establishment of mercan tile courts in the larger cities, modifying the present "cumbrous rules of evidence," might be one means of diminishing the delay and ex pense of such litigation. Conﬂict of Laws. "The Relation of the Lea: Loci Contractus to the Lex Loci Rei Sita’." By Sheriff Campbell Lorimer, KC. 22 Juridical

Cush. 145), Kimball v. Harman (34 Md. 407),

ment." By J. A. R. Marriott. Nineteenth Century, v. 69, p. 236 (Feb.). The writer examines the constitutions of the leading nations, particularly with reference to the method of introducing constitutional changes. He thinks that the popular referendum, in Eng land, means the substitution for the present unwritten and ﬂexible constitution of one “which shall be certainly written and probably rigid." Contract. “Promises and Covenants." By Henry H. Brown. 36 Law Magazine and Review 141 (Feb.). "Truth is said to be at the bottom of a well,

and it is often a diﬂicult o ration to bring her undeﬁled to the surface. he process generally stirs up a quantity of mud, and occasionally a mass of poisonous matter. There is the same inequality in modern litigation that there was in the ancient wager of battle. The man who was in the right was not always the better swords

Review 275 (_]an.). man; now he is not always the better disputant."

Discussing the case of British South Africa Co. v. De Beers Consolidated Mines, Ltd. (1910),

1 Ch.

2 Ch. 502.

Conspiracy.

“Conspiracy in Civil Actions."

By R. S. Nolan. 36 Law Magazine and Review 151 (Feb.). "In America, judges. basing their decision on the history of English law and on English cases, generally taking Savile v. Roberts (1 Ld. Raym.

See Conﬂict of Laws. Contract Labor Law. “The Supreme Court of the United States on the Alabama Contract Labor Law." By Erastus J. Parsons. Edilorial Review, v. 4, p. 182 (Feb.). Appreciative of the attitude taken by the

Court, the good effect of the decision being pointed out by one evidently familiar Wit labor conditions in the South.