Page:The Green Bag (1889–1914), Volume 24.pdf/394

 Reviews of Books of state decisions in federal courts, are examples of subjects which spread into unsuspected ramifications. The book will not only be found use ful in preparation for argument, but will also assist judges in determining when a decision ought to be overruled, and in distinguishing between prior adjudications of imperative authority and those merely persuasive. The writer assumes a moderate attitude with regard to social and economic conditions, and the local environment in which a case must be decided, and it is gratifying to see that he does not carry the doctrine of stare decisis to absurd lengths. Such topics as res adjudicata are properly relegated to a subordinate position, without being in any way neglected, and the law of the case receives a simple, unpedantic treatment. The treatise seems like an excellent piece of work, and is certainly well arranged and lucidly written. THE NEWFOUNDLAND FISHERIES ARBITRATION Argument of the Hon. Elihu Root on behalf of the United States before the North Atlantic Coast Fisheries Arbitration Tribunal at The Hague, 1910. Edited with Introduction and Appendix by James Brown Scott, of Counsel for the United States. The World Peace Foundation. Boston. Pp. cli, 374 149 (appendix). ($3.50.)

THE function of this book is two fold. It presents in admirable form the extended argument of Sena tor Root on behalf of the United State dissecting the intricate questions in volved in the fisheries dispute, an argu ment that is a model of dignified forensic discussion of theoretical and technical subjects demanding unusual skill of the advocate. It also embodies the not unimportant contribution of a distin guished scholar who has edited Senator Root's argument with a thoroughness worthy of so notable a performance.

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Thus we have not only the statement of the case as made by the chief counsel for the United States, but within the same covers the historical and docu mentary data necessary to an intelli gent understanding of the controversy, and the legal commentary necessary to a realization of the nature of the juridical questions involved and of the precise effect to be attributed to the judicial resolution of each. The book thus fills a larger place in the literature of international law and arbitration than the title would suggest. The introduction written by Dr. Scott makes up a valuable essay of one hundred and fifty pages, setting forth the origin of the controversy regarding the Newfoundland fisheries, and tracing the successive diplomatic efforts for its adjustment culminating in the special international agreement of 1909. The seven questions singled out for deter mination by the Hague Tribunal are then discussed, with a detailed examina tion of the result of the award in each instance. Following Senator Root's argument, occupying two-thirds of the volume, is a complete appendix of all treaties, correspondence, statutes, and official circulars directly related to the dispute. The reason why this publication was undertaken by the World Peace Foun dation is sufficiently obvious. It is said that small questions only are sub mitted to arbitration, comments Dr. Scott, hence it is well that great cases, such as the Alabama claims and New foundland fisheries dispute, be noticed in order that the gradually increasing possibilities of international arbitra tion be recognized. The fisheries case is a striking illustration of the settle ment of difficult questions of internal and external sovereignty by an appeal to reason rather than to the sword.
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