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 The Green Bag

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Industrial Accidents. “The Relation of Fatigue to Industrial Accidents." By Emory S. Bogardus. American Journal of Sociology, v. 17, p. 206 (Sept.). In this opening instalment the author deals with the problem of formulating "a law of the development of the fatigue processes which accompany continued work, in so far as they maly be related to accidents." he law ﬁnally deduced is as follows: “Unin terrupted muscular activity is accompanied by inaccurate muscular co-ordinations, which in crease irregularly and at a rate largely deter mined by the speed and relative difficulty of the activity for the given individual."

whether any dispute is justiceable, would be an unconstitutional del tion of exclusive sov erergn powers of the nate. "Report of the Senate Committee on Foreign Affairs." Avdocate of Peace, v. 73, p. 222 (Oct.). The majority report, presented by Senator Lodge, which is not so able as the minority re

port, pursues the line of argument above indi cated. The minority report, presented by Senator Root, for himself and Senators Cullom and Burton, says in part: — "The real objection to the clause which commits tions whether to theparticular proposed joint controversies commission are ques. arbi trable is not that the commission will determine whether the particular case comes within a

International Arbitration. "The Legal Evolution of Peace." By Edwin M. Borchardt, Law Librarian of Congress. 45 American Law Review 708 (Sept.-Oct.). . In the ﬁrst stage of private justice disputes were settled by limitless resort to private war and private vengeance.

In the second stage,

private vengeance was restricted to certain offenses and persons and pecuniary compensa tion was introduced. In the third stage private vengeance was partly but not wholly controlled, the king being powerless to compel all disputants ‘to come into his court. In the fourth, a judi cial method of settling private disputes was fully established. Likewise, the method of settling international disputes passes through an evolution of four corres nding stages. First we have wars of utter icense and unrestrained cruelty, like those of the Reformation; then the introduction of humanizing a ncies through the inﬂuence of great writers, ike Grotius and Vattel, resulting in such work as that of the Geneva, Brussels, St. Petersburg and Hague conferences; then, thirdly, the concurrent existence of regulated public war and a system of international arbi tration. The writer hopes that the fourth stage will be realized, in the form of a victory for the judicial system in international as well as private relations, and sees indications that it will be. “The Deﬁciencies of Law as an Instrument of International Adjustments." By Rear Admiral A. T. Mahan, U. S. N.

North American

known line, but that the commission, under the general language of the ﬁrst article, may draw the line to suit themselves instead of observing a line drawn by the treaty-making power. if we thought this could not be avoided without amending the treaty, we would vote for the amendment to strike out the last clause of Article III, for it is clearly the duty of the treaty-makin power, including the Senate as well as the resident, to draw that line, and that duty cannot be delegated to a commission. "We do not think, however, that any such result is necessary. It certainly is not intended by the treaty; and it seems that it can be eliec tively prevented without amending the treaty by following a practice for which there is abun dant precedent, and making the construction of the treaty certain by a clause in the resolu tion of consent to ratiﬁcation.H Senator Burton, discussing the subject more minutely, says in his supplemental views ap

pended to the minority report: — "The existing treaties of 1908 provide, in the very words which have been incorporated in the treaties under consideration that the special agreements submitting questions to arbitration shall be made by and with the advice

and consent of the Senate.

The power of the

Senate to decide whether or not certain questions should be arbitrated was clearly just as much impaired or surrendered in those treaties as is the right to pass upon an enlarged list of ques tions in the pending treaties. Arbitration treaties may be special or general; if special, they include single controversies or agreements;

if general, they are framed to include 8"

Review, v. 194, p. 674 (Nov.). "The positiveness inherent in the very idea of law, its lack of elasticity, renders it too fre uently inadequate to the settlement of certain

controversies, versies, as they or may speciﬁc arise. categories The Senate of contro‘ has

gasses of disputes, because in the cases an

prerogatives."

accepted law exists, decision in accordance with which would simply perpetuate injustice or sus tain intolerable conditions." "The Arbitration Treaties and the Constitu tional Powers of the Senate." By Senator Henry Cabot Lodge. Editorial Review, v. 5, p. 901 (Oct.).

Interpretation and Construction. Judicial Legislation.

Senator Lodge opposes the ratiﬁcation of the treaties, resting his argument mainly on the ground that the submission of questions to the Joint High Commission of Inquiry, to determine

ratiﬁed treaties of both classes, and it is clear

that in neither class has it abdicated it!

Interstate Commerce. Court, Monopolies.

See

See

Commerce

Judicial Legislation. "The Common Law ander and Judicial Bruce. Legislation." Chicago Legal News, By Andrew v. 44, p. Alex~ 60 (Sept. 28).

(Continued in following issue.)

This paper, read before the North Dakota