Page:The Green Bag (1889–1914), Volume 25.pdf/40

 Index to Periodicals certain guide for the interpretation of the Sher man Seeact." Patent Monopoly.

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that no fewer than forty-seven commercial countries among the international federation of friendly powers of the world have by treaty pro nounced themselves in favor of the inviola Monroe Doctrine. "The Monroe Doctrine — bility of home or coastwise trade from foreign Its Precept and Practice." By Percy F. Martin. intrusion; and those countries that have not so formally expressed themselves have by their Fortnightly Review, v. 92, p. 869 (Nov.). local laws or immemorial custom tenaciously A British view, from the standpoint of a writer declined to place their coasting vessels on an on international law. The alleged injustices of equality with in the same category as foreign the policy of the United States, particularly in vessels. This or right of a nation to dominate over dealing with South American republics, its its own domestic maritime trade has been of such "aggressions, becoming ever more daring and ever more successful," are dwelt upon. The constant and unquestioned recognition that it treatment of recent history may not be entirely has become practically a principle of the law of judicial, but does bring a few unpleasant truths nations." writer goes on to argue that the treaty to.light. Sir Edward Grey is severely criticized of The 1815, relating to port tonnage duties, has anent the Panama Canal dispute. been construed favorably to Great Britain's See History. desire to discriminate in favor of its own coast Panama Canal Tolls. "The International ing trade. Mr. Bartlett, however, fails to point the fact that the coasting trade of England Status of the Panama Canal." By Edward S. out is not closed to other nations, and that there Cox-Sinclair. 38 Law Magazine and Review 1 is the same equality among vessels of different (Nov.). nations in the coasting trade as in overseas We find it difficult to accept the conclusions commerce. The argument based on the ac of this article, but it makes an able presentation cepted construction of the treaty of 1815 is therefore impertinent to the issue. of the case for the United States in the con As Dr. Baty observes (p. 93 of the same issue), troversy regarding the construction of the HayPauncefote treaty. The writer argues that the an exemption of vessels engaged in coastwise courts of Great Britain and of the United States trade from payment of canal tolls, not limited are qualified, according to the "acknowledged in terms to vessels of the United States, would doctrine of international usage," to pass upon not be a violation of the Hay-Pauncefote treaty; any issue involving international law, that the the violation consists in an express discrimination United States Supreme Court is competent to in favor of the coasting trade of the United States. pass upon any question connected with the basic Patent Monopoly. "The Patent Monopoly: law of the canal, and that there is no inter national obligation on the part of the United When does the Patentee's Right to Dictate the States to submit the construction of its legislative Resale Price of his Patented Article Terminate?" act to an international tribunal. Any aggrieved By Frank J. Hogan. 1 Georgetown Law Journal party thus has an impartial tribunal in the 23 (Nov.). Supreme Court. As for the merits of the con "The question propounded in the title of this troversy, on grounds of "general justice" the position of our Government is upheld. "Quoting article involves great and grave problems of Hall's rules of construction according to the economic public policy, affecting in its solution plain and reasonable sense of words, Mr. Cox- our ever important friend, the ultimate con Sinclair takes this view of what a natural, sumer. If unpatented articles can be brought literal construction of the treaty necessarily under the protection of lawful monopoly, if prices can be maintained to an arbitrary stan entails: — "It is necessary for the opponents of the dard by a legalized system that prevents com United States to contend that the expression petition after the patentee has enjoyed all the 'free and open to the vessels ... of all nations rights which the patent statutes intended should observing these rules' implies 'including the be his, then indeed has the time come for the nation owning and administering the canal,' overhauling by Congress of patent legislation." and that the expression 'no discrimination against Penology. "Indeterminate Sentence and Re any such nation,' i.e., 'observing these rules,' implies 'or in favor of the nation which enforces lease on Parole." (Report of Committee F of these rules.' It seems that this would be a the Institute.) By Edwin M. Abbott (chair strained, though perfectly possible, construction. man). 3 Journal of Criminal Law and Crimin But it is scarcely a construction of 'literal ology 543 (Nov.). meaning.' "Altogether, a general review of the subject "The Panama Canal Act." By C. A. Heresfill those interested with encouragement. hoff Bartlett. 38 Law Magazine and Review 15 must Not only in this country but throughout the (Nov.). world the treatment of convicts as persons who "It appears that the United States has ex are still worthy of reclamation is growing. The pressly excepted its coastwise trade in thirty- extension of the parole system to life-termers one treaties with other commercial countries, after serving a. long term in prison, is another while Great Britain on her part has also solemnly evidence of the trend of mind which the public and diplomatically made the same reservation is assuming. Of course, in many states, pardons in thirty-one treaties with foreign nations, so have been procured for life-termers, but the