ii» 
 
 ^^^m 
 
 
 
 
 
 8 
 
 Baldwin 
 
 The growth of Law 
 during the past Year
 
 N 
 
 ■1 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 The Growth of Law During 
 the Past Year 
 
 Annual Address Delivered Before the 
 
 Bureau of Comparative Law of the 
 
 American Bar Association 
 
 Boston, September 3, 1919 
 
 By 
 SIMEON E. BALDWIN 
 
 Director of the Bvreau
 
 i 
 
 i
 
 
 I 
 
 AXXrAL ADDRESS. 
 
 HY 
 
 SIMEON E. BALDWIN, 
 
 OF CON.XECTICUT. 
 DIRECTOR OF THE Hl'RE^Vt' OF COMPARATIVE LAW. 
 
 THE GROWTH OF LAW DURING THE PAST YEAR. 
 
 Law is always changing- its dress. It puts on some new things 
 and drops some ohl ones. Generally it puts on more than it takes 
 off. In some years it puts on less than it takes oflP. This has been 
 pucli a year. 
 
 Ax Eba of Repeal. 
 
 Cuming late into the world war, the Fnited States found the 
 other great powers already equipped with such laws and decrees 
 as they thought fittest for their protection. It followed where 
 they led, and in some instances went farther than most of them. 
 Since the armistice of Xovember, 1918, the course of legislation 
 has run, with accumulating rapidity, towards statutes and decrees 
 of repeal. 
 
 I say "• decrees,*' because there have been many, proceeding 
 from the President, or from executive boards constituted by au- 
 thority of the United States for purposes incident to the war, or 
 from state governments, Avhich without bearing the name of stat- 
 utes, have l)een, within their proper field, of equal force, under the 
 principle tliat public danger may warrant the substitution of 
 executive process for judicial process.* 
 
 FoRKKiN Commerce. 
 
 The President has now either revoked or softened a large part 
 of his jirohibitor}' orders, issued on our coming into the war. 
 which affected 
 various kinds. 
 
 * Meyer vs. Peabody, 212 U. S., 78, 85. 
 
 which affected commercial intercourse with foreign countries of 
 
 1019879
 
 4 
 
 The new policy of Congress as to encouraging foreign trade 
 is in striking contrast to the views of which the Sherman Act 
 was an expression. Not only is the formation of export trade 
 associations freely permitted, but their business can be carried 
 on under an agreement that no member can sell for export except 
 through it or by its leave. Several enormous combinations of this 
 character have already been formed. 
 
 The government also has gone into foreign trade directly on 
 its own account, and organized a War Finance corporation with 
 a capital supplied by the United States of $500,000,000. The 
 United States is the sole stockholder. 
 
 It has sought the aid of the states in incorporating some of its 
 official agencies. A majority of the members of the " War Trade 
 Board ^' obtained incorporation in 1918, under the name of the 
 " War Trade Board of the United States, Eussian Bureau, In- 
 corporated," under the general incorporation laws of Connecticut. 
 The authorized capital was $5,000,000. Each signer of the 
 articles of association subscribed for one share, and the chairman 
 also subscribed for 49,990 shares as " Chairman of the War Trade 
 Board." The incorporation is in perpetuity and the capital was 
 supplied by the President of the United States out of the hun- 
 dred million dollar appropriation to be expended by him for 
 national security and defence. The " certificate of incorpora- 
 tion " describes its purposes as embracing, among other things, 
 carrying on a general mercantile and commercial business in any 
 part of the world ; engaging in all kinds of manufacturing ; and 
 building, buying, and operating railways, telephone and telegraph 
 systems, gas and electric light companies; canals and irrigation 
 systems; shipping and warehouses; and engaging in banking; 
 all in any part of the world outside of the State of Connecticut. 
 
 A considerable business has already been transacted by this 
 board in making exports to Eussia. 
 
 Procuring such a charter for such objects is one of the tokens 
 of the closer union of state and national activities accomplished 
 by the great world war. To get a perpetual grant of such priv- 
 ileges from Congress, if possible at all, would have been likely to 
 take months of effort. Under the American principles of freedom 
 of incorporation, as administered in the states, it was, or might 
 have been, an affair of a few hours.
 
 Till-; Takis I'kack Coxfkkknc k. 
 
 A serious attempt has liccu made during tJie last ivw mouths, 
 by ail international conrcreiice at Paris, to shape a scheme for 
 world government as respects many of ilic international relations 
 which are of the higlicst importance. 
 
 The conference has been so organized as to leave the main con- 
 trol of its proceedings with the great Powers, exclusive of Iiussia. 
 In the Rules of the Conference they are named (the United States, 
 the British Empire, France, Italy and Japan) and described as 
 " the belligerent Powers with general interests." Most of the 
 other belligerent powers are described as having " special in- 
 terests." iS'eutral powers and states in process of formation are 
 only to be heard as to matters directly affecting them, and then 
 only if summoned in Ijy the powers with general interests.'' 
 
 The treaty of peace with Germany, which they have prepared, 
 embodies a detailed Constitution for a League of Xations. This 
 has already been ratified by several of the great Powers, and has 
 been treated by the Confe'rence and in the treaty with Poland of 
 last summer (Art. XIII) as now in force as respects certain 
 matters of large importance. As completed by that body it made, 
 as submitted to our Senate, a volume of about 200 pages. Built 
 up, as it necessarily must have been, on a series of compromises, 
 it was inevital)lo tliat such a document must contain some pro- 
 visions obscurely worded. 
 
 The so-styled " Supreme Council " of the great Powers, which 
 is for the time being the voice of the Conference, decided on 
 July 29, to appoint a permanent commission, to co-ordinate and 
 interpret it. This connnission is to be comprised of five members, 
 each representing one of the great Powers, and it is not expected 
 to sit until the treaty shall have gone into full effect. 
 
 &^ 
 
 Interntional Tribunals. 
 Xo provision whatever is made by the treaty for the creation 
 of any international court, excepting the special tribunal for tid- 
 ing the former Kaiser (Art. 227), aiul the mixed Arbitral Tri- 
 bunal (Art. 304, et srq.), M'hich is essentially an administrative 
 bureau. It contemplates, however, the future creation of a " Per- 
 
 *Am. Journal of International Law, Supplement, XIII.
 
 6 
 
 nianeJit Court of Jiiteruatioiial Justice"' (Art. 4"^G) as a ])art of 
 the plan for organizing an international control over labor. 
 Whether the " Permanent Court of Arbitration," set up by the 
 Hague Conference of 1899 and 1907, is to be replaced by such a 
 " Permanent Court of International Justice," or whether the two 
 tribunals may both be in operation at the same time is not indi- 
 cated by the terms of the treaty. The constituents of each are 
 at present not the same. The Hague Tribunal represents all 
 nations that were parties to the Hague Convention of 1907. Any 
 new court, organized under a new treaty, would represent only the 
 powers adhering to the treaty of peace of 1919. Delicate ques- 
 tions are evidently here presented for adjustment. 
 
 A treaty between Brazil and Uruguay, framed on the principle 
 of general obligatory arbitration, was concluded December 27, 
 1916, and promulgated on June 27, 1918.'' 
 
 Every dispute whieli cannot l)e settled by diplomatic means is 
 to be referred to an arbiter, who must be a chief of state, the 
 president of a superior court or tribunal of Justice, or a person 
 generally regarded as specially conversant with the subject of 
 dispute. In case of a failure to agree on tlie arbiter the contro- 
 versy shall be submitted to the Permanent Court of Arbitration 
 at the Hague. 
 
 A treaty of the same general character was negotiated in 191(5 
 between Spain and the Argentine Repul)lic. 
 
 The arbitration tribunal is to consist of three persons, one 
 appointed by each power, and those two to select an umpire. 
 Preferably all are to be taken from the list of members of the 
 Hague tribunal, and the umpire must be. 
 
 The so-called " Bryan treaties " generally recognized the Per- 
 manent Court of Arbitration at the Hague as an appropriate tri- 
 bunal for proceedings under them. 
 
 It would seem to be safe to assume that the absence of any at- 
 tempt in the pending scheme of a League of Xations to set up a 
 new court of arbitration indicates an intention to recognize that 
 of the Hague as for tlie present continuing in existence, and open 
 to all the world, as before. 
 
 The advantages of the Central American Court of Justice, 
 which was abandoned after ten years trial in 1918, are becoming 
 
 'Am. Bar Association Journal, V, 216. 
 ^Ihid., 299.
 
 more obvious in view of recent occurrences. Several unsuccessful 
 attempts to put all the Central American Powers on a peace 
 footing followed, the last having been in July, 1919, when Sal- 
 vador proposed to Guatemala, Honduras and Nicaragua that the 
 four republics should take mutual friendly action towards se- 
 curing the domestic peace of Costa Rica, and normalizing inter- 
 national affairs in Central America. 
 
 It is to be hoped that something in this direction may be in 
 fact accomplished by the good offices of the Second Pan-American 
 Financial Conference, which meets at Washington on January 
 12, 1920. 
 
 Aerial Xavigatiox. 
 
 The agreements reached by the Peace Conference have been 
 largely bottomed on the reports of special commissions of experts 
 which it appointed from time to time. One of them was the 
 " Aeronautic Connnission," which grew out of a call by France, in 
 March, 1919, of an international Conference on Aerial Naviga- 
 tion. This commission sent in a draft convention relative to 
 Aerial Navigation (Treaty of Peace, Art. 319), which was 
 adopted and signed by all the great Powers excepting the United 
 States. 
 
 It recognizes the sovereignty of each nation over the air above 
 its terxitorv^ but on terms of allowing its use by other countries 
 or their citizens in a reasonable manner. 
 
 The minimum age for pilots and navigators is nineteen. No one 
 can be an aeronaut without a license, based on a special examina- 
 tion, and there must be a re-examijiation every six months. Any 
 state, party to the convention, can increase the requirements, but 
 cannot reduce them. 
 
 Special Staxdixg Commissions. 
 
 Special standing commissions to consider proper subjects of 
 international agreements, or administer remedies of an inter- 
 national character, have been greatly multiplied l)y tlie war. 
 
 There are now some 60 of these bodies with which the United 
 States has relations of more or less importance, and our Depart- 
 ment of State is considering the establishment of a new bureau 
 to have general charge of foreign intercourse through such or- 
 ganizations, so far as they fall within the jurisdiction of the 
 United States,
 
 8 
 
 Alien^s. 
 
 The rule that a suit may he brought and, so far as necessary to 
 do justice, maintained here against an alien enemy, and even 
 by one, has been reaffirmed by the Supreme Court of the United 
 States.' 
 
 In the Casdagli case, the House of Lords has decided that in 
 countries where foreigners are protected by extraterritorial au- 
 thority which may be exercised through consular jurisdiction, a 
 domicil of choice may be acquired by residence and intention, just 
 as freely as in countries where foreigners are not subject to extra- 
 territorial privileges.* 
 
 The Immigration Act of 1917 was amended in important par- 
 ticulars by an Act of October KS, 1918. It now provides for the 
 deportation of " aliens who are anarchists ; aliens who believe in 
 or advocate the overthrow by force or violence of the Government 
 of the United States or of all forms of law ; aliens who disbelieve 
 in or are opposed to all organized government; aliens who advo- 
 cate or teach the assassination of public officials; aliens who 
 advocate or teach the unlawful destruction of property; aliens 
 who are members of or affiliated with any organization that enter- 
 tains a belief in, teaches, or advocates the overthrow by force or 
 violence of the government of the United States or of all forms 
 of law, or that entertains or teaches disbelief in or opposition to 
 all organized government, or that advocates the duty, necessity, 
 or propriety of the unlawful assaulting or killing of any officer 
 or officers, either of specific individuals or of officers generally, 
 of the Government of the United States or of any other organized 
 government, because of his or their official character, or that 
 advocates or teaches the unlawful destruction of property." 
 
 Eeference was made in the annual address before the Bureau, 
 last year, to the partial suspension of regulations governing 
 immigration, by the issue of what are called " war emergency 
 labor permits." The Department of Labor has announced that 
 iTo more will l)e granted, and that those already existing will 
 become void on January 15, 1920. 
 
 •Watts, Watts & Co. vs. Unione Austrica, 248 U. S., 21. 
 •Casdagli vs. Casdagli, 87 L. J. P.. 49.
 
 In Peterson vs. Iowa, 245 F. S., 170, it was held the treaty 
 between Denmark and the United States, as to discrimination in 
 taxes, did not alTect the right of one of our states to impose a 
 higher tax on Danes to whom property within its territory came 
 by its laws than tliat paid by its own citizens under similar cir- 
 cumstances. 
 
 The Force of Interxatioxal Law, 
 
 As the smoke of Ijattle clears away, we are Ijeginning to see 
 more clearly that the last five years have left international law 
 stronger than ever. In every civilized country it is recognized 
 as a rule of decision, even when that rule has bc^n disregarded 
 in its official action. 
 
 I will not weary you by quoting, in illustration of this, froni 
 judgments of the courts to which, in previous addresses on oc- 
 casions like this, the attention of the bureau has been called: 
 such as the Zamora, in England, and the steamship Apimni, in 
 the United States.^ 
 
 The foundations of the Law of Xations are too deeply laid in 
 the \Qry heart of civilization to be overthrown, even in a war 
 involving half of the world. 
 
 The obligations which it imposes may be regarded as flowing, 
 in part at least, from the doctrine of estoppel. Every nation 
 which accepts international law as a governing force in respect 
 to international relations, imjiliedly agrees with other nations 
 to continue to recognize that force until notice to the contrary 
 is given ; and notice in advance. It is thus a case of estoppel in 
 pais. 
 
 The project for a League of Xations forming part of the treaty 
 of peace with Germany is silent as to questions of further defini- 
 tions or rules of international law. 
 
 In view of this, the Executive Council of the x^merican Society 
 of International Law, in ]\Iarch, 1919, adopted a vote urging the 
 Paris Conference to provide for a general conference of the 
 Powers to meet within the next five years, not earlier than 1921 
 to review the condition of international law, and state it in 
 authoritative forms. 
 
 ^243 U. S., 124.
 
 10 
 
 The German Attitude Towards International Law. 
 
 The Constituent German National Assembly, which was opened 
 in February, 1919, will, under the new Constitution which it has 
 framed, succeed to the powers of the Reichstag, but preserve its 
 present name. 
 
 In August, 1919, it inserted in the draft of the Constitution a 
 provision that the generally accepted niles of international law 
 shall be a basic part of German law. 
 
 The Constitution as adopted contains these provisions : 
 
 The President shall be chosen by direct popular vote on the 
 basis of universal suffrage. His term is seven years. 
 
 The legislative powers of the several states are greatly curtailed. 
 
 In the Imperial Council each state will have at least one vote, 
 but in no case more than two-fifths of the total number that may 
 be cast by all. Prussia thus loses her predominance. 
 
 State courts, to try those accused of political crimes, will be 
 created by an imperial law. 
 
 Xo German can accept a title or decoration from a foreign gov- 
 ernment. 
 
 All men and women have equal rights, and no special privi- 
 lege can be recognized based on birth or social status ; but exist- 
 ing ranks of nobility are not abolished. 
 
 All citizens of Germany are to have complete freedom as to 
 religion. 'No state church is to exist. 
 
 Private schools for children cannot be set up without leave 
 of the government. In all schools efforts are to be made to edu- 
 cate their students in the spirit of the German jDeople and of 
 reconciliation with the peoples of the world. 
 
 The Espionage and Draft x\cts. 
 
 The Supreme Court of the United States have affirmed the 
 validity of the Espionage Act as amended in 1917. Nearly a 
 thousand prosecutions have been instituted under it, about a 
 third of which resulted in convictions. 
 
 Under the Selective Draft Act about 12,000 prosecutions were 
 instituted, and over 8000 convictions obtained.* 
 
 • This Act was held valid by the Supreme Court in the Selective 
 Draft Law Cases, 245 U. S., 366.
 
 11 
 
 The war found ns Avitli treaties made witli various powers 
 stipulating that their citizens, residiii*^ liere, shoukl not be liable 
 to be drafted into compulsory military service. Some of them 
 were in fact drafted under the Selective Draft Act. 
 
 The annual report of the attorney-general contains this para- 
 graph in reference to the legal question : 
 
 "May the subject of a neutral country be drafted into the 
 military service when the treaty between his country and this 
 country provides to the contrary? Our courts have unanimously 
 held that the Selective Service Act supplants all previously exist- 
 ing conflicting treaty provisions on the subject." 
 
 A decision of the District Court has been made to this effect, 
 in regard to our treaty with Spain ° and the doctrine that the 
 later of two inconsistent laws emanating from the same sovereign 
 controls in his courts is well settled. That we have broken our 
 bargain with Spain cannot affect the legal situation in American 
 courts, however it may involve our national good faith. 
 
 The states are following in the same lines, in support of their 
 right of conscription. Maine, this year, made her citizens liable 
 to draft for the militia of the state, that is, the national guard, 
 whenever there are not men enough in the guard to fulfil the re- 
 quirements of the Act of Congress respecting allowances from 
 the United States towards its support. 
 
 The Protectiox of Equal Laavs, 
 
 The tendency is growing stronger every year to give a liberal 
 construction to the personal guarantees of the fourteenth amend- 
 ment to the Constitution of the United States. 
 
 A statute of Iowa, making it a misdemeanor for an employee 
 of a hotel or barber to accept a tip, has been held unconstitu- 
 tional, on the ground that as the employers were left free to accept 
 tips, the employees did not receive the equal protection of the 
 law." 
 
 A Kentucky statute has been declared void, which provided 
 that none of the taxes raised from the property of a Avhite person 
 or corporation shall be used for the support of colored common 
 schools, and that the taxes raised from property of colored persons 
 shall not be used for the support of white schools. 
 
 ^ Ex parte Larrucea. 249 Fed. Rep.. 981. 
 '"Dainahoo vs. Huber, 171 Northwestern Rep., 123.
 
 12 
 
 It was held that the attempt to assign all taxes upon corpora- 
 tions to white schools was violative of the " equal protection " 
 clause of the State Constitution. 
 
 Intoxicating Liquors. 
 
 A War Time Prohibition Act, styled a Food Conservation Act, 
 which was approved by the President a few days after the armis- 
 tice (November 21, 1918) went into effect on July 1, 1919. It 
 forbids tlie manufacture or sale of intoxicating liquors for bever- 
 age ])ur})oses after that date, and is to continue in force during 
 the world war and until the President proclaims the completion 
 of demobilization. It purports to be designed to promote the 
 use of grain as food, and prevent its use for brewing or distilling 
 purposes. I^o penalties for the violation of the act are provided. 
 
 The eighteenth amendment to the Constitution of the United 
 States becomes operative on January 16, 1920. It prohibits the 
 manufacture, sale, transportation, export or import, of intoxi- 
 cating liquors, but does not define what shall be deemed to be such 
 liquors. Conflicting decisions have been rendered in the United 
 States District Courts, as to whetlier beer containing not more 
 than 2f per cent of alcohol is intoxicating. The Circuit Court 
 of Appeals for the New York Circuit holds this to be a justiciable 
 question of fact. Appeals have been taken which will present this 
 point before the Supreme Court of the United States next month. 
 The attorney-general claims that beer is intoxicating which con- 
 tains more than 1^ per cent of alcohol. 
 
 Ehode Island passed a bill last April declaring that beer con- 
 taining not over -1 per cent of alcohol was not an intoxicating 
 liquor. 
 
 The beer commonly used in Germany before the war contained 
 10 or 11 per cent of alcohol. Tlie war cut it down to 3 per cent. 
 The books of the Kew York Life Insurance Company, which for 
 many years has done a large business there, show that for tlie 11 
 years before the war the total mortality among those whom it 
 insured was 107 per cent of the company's standard mortality, 
 calculated for all risks in all countries; whereas during the four 
 years including the war the percentage was only 9,") ])er cent. This 
 shows that there was a much higher rate of mortality during the 
 times of peace, and the friends of prohil)ition claim this as
 
 13 
 
 evidence of the beneiicial circcts of rcsti'i(ti<iii< on tlie diet and 
 drink of the German people. 
 
 An Act of Congress, forhidiliii^u ihc importation into a '" dry " 
 state of intoxicating liq\ior, though only for the personal use of 
 the importer, was held a \alid regulation of interstate commerce 
 in United States r.s'. Hall, '^48 U.S., 420. 
 
 The civilized world will look with the greatest interest on our 
 adoption of virtual prohibition, as to most people, of drinking 
 intoxicants as a matter of constitutional policy. A great church 
 has vcntuivd on the oxjiorinicnt l)ofore; a great nation never. 
 
 Xew Zealand has u licensing system. In June, ll»lit, a popular 
 vote was taken on substituting the rule of prohibition. This 
 proposition was defeated by a majority of over 10,000. The sol- 
 diers' votes were decisive. Out of nearly 40,000 of these, less than 
 32,000 were for prohibition. The other voters numbered about 
 478,000, of whom prohibition was favored by 246,000. 
 
 Peru has passed a law forbidding sale or consumption of alco- 
 holic drinks on Saturdays and Sundays; and also a law providing 
 for anti-alcohol instruction in schools. It deprives habitual 
 drunkards of citizenship. 
 
 One of the conspicuous agencies of the United States in win- • 
 ning the war Avas the National Eesearch Coimcil, which in many 
 directions brought science to our aid. Its '' Psychology Com- 
 mittee," co-operating with the " Division of Psychology of the 
 Medical Department," in the office of the surgeon-general, the 
 " Committee on Clarification of Personnel in the Army," and the 
 " Psychological Section of the Medical Belief Board," set out 
 to secure the use of the best material for each kind of military 
 service among the enlisted men and, to a certain extent, among 
 the officers. The right men were to be found for each particular 
 class of functions, and found by the aid of close scientific tests. 
 In the final outcome all commissioned officers, except general and 
 field officers, were subjected to a psychological examination. 
 
 The results achieved, either wholly or in great part, were giving 
 a rating to every soldier ; special assignments of men securing a 
 high rating; turning over for special modes of development men 
 of low mentality; and eliminating those of hopeless inferiority.
 
 14 
 
 The mentality of over 45,000 men was found to be no greater than 
 that of a child of ten, and of these a tenth stood no liigher in 
 tests of intellect and character than an ordinary boy of seven." 
 
 A million and three quarters were thus examined, including 
 41,000 commissioned officers. 
 
 On August 3, 1918, the Secretaries of the Army and the Navy 
 issued regulations to suppress during the war all prostitution and 
 aiding and abetting it in any way within 10 miles of any military 
 or naval station. This was done under the authority of the 
 Army Appropriation x\ct of July 9, 1918, -which authorizes such 
 measures to be made effective within a reasonable distance of 
 such stations. 
 
 A former President of this Association has recently said, in 
 a public address, that the government of the United States, 
 hitherto believed to be a government of limited powers, has 
 become, under the decisions of the Supreme Court, a government 
 of unlimited poAver, at least in time of war.^^ 
 
 India as a Me:\iber of the British Empire. 
 
 Great Britain has pursued, during the past year, the policy ini- 
 tiated by Lord Morley of extending the official influence of 
 Indians in India, but with the growing impression that his re- 
 forms have so worked out as to give them neither the best of the 
 former system, nor the best of the new. A report by the Secretary 
 of State for India and the Viceroy, presented to Parliament a few 
 months since, indicates that the government is prepared to go 
 further and create without delay, in the nuijor provinces, minis- 
 tries that are in some matters responsible to the people. The 
 government of India, as a whole, will, as now, proceed from 
 F'arliament and remain wholly responsible to Parliament, but the 
 Indian Legislative Council will be more representative and influ- 
 ential, and divided into two Houses, the Upper to be the final 
 legislative authority on points deemed essential by the govern- 
 ment. The erection of a Privy Council and a Council of Princes 
 is also contemplated, two l)odics which seem ratlier a concession 
 to the natural craving in tlie East for glitter and show, 
 
 " Science. March 7, 1919, 226. 
 
 " Moorfield Storey, Address on Obedience to Law, at the opening 
 of Petigrew College.
 
 15 
 
 The report states that the conception of the eventual future 
 of India entertained by the two great officers who unite in sub- 
 mitting it is that it should be made " a sisterhood of states, self- 
 governing in all matters of purely provincial interest, and pre- 
 sided over by a central government, increasingly representative of, 
 and responsible to, the people of all of them, dealing with matters, 
 both internal and external, of common interest to the whole of 
 India." 
 
 Water Termixals. 
 
 An important step has l^een taken by Congress towards extend- 
 ing federal aid to harbor improvements. It appears in the Eiver 
 and Harbor Act of March 2, 1919, and reads thus : 
 
 " It is hereby declared to be the policy of tlic Congress that 
 Avater terminals are essential at all cities upon navigable water- 
 ways and that at least one terminal should exist, owned by the 
 municipality or other public agency of the state and open to the 
 use of all on equal terms." 
 
 Public Education. 
 
 The Act of Parliament passed in the summer of 1919, founded 
 on the bill presented in 1917 by the Minister of Education, 
 greatly extended the bounds of teaching in public schools, and 
 essentially democratized the whole educational system of England. 
 
 The city of Xew York has made an appropriation of $50,000 
 for school lunches during 1919. Heretofore they Avere furnished 
 by private charitable societies. 
 
 Several states have made provision for the Americanization of 
 those of their inhabitants who do not speak and Avrite English. 
 One of the most drastic of these statutes Avas passed this year by 
 South Dakota. It is designed to secure the compulsory education 
 of any person betAveen 16 and 21 years of age, who does not 
 s])eak, read and write the English language. Evening schools are 
 provided, Avhich teacli it. At these, persons of from 21 to 50 years 
 of age may receive free instruction in English. 
 
 NeAv York has enacted a similar law, Avhich A\ent into effect on 
 September 1.
 
 16 
 
 In'ITIATIVE AXD PiEFERENDUM. 
 
 In Maine, the tSuprenie Judicial Court, in August, 1919, gave 
 its opinion to the Governor, that the legislature of that state 
 having ratified the Xational Prohibition Amendment, it could 
 not afterwards he submitted to a popular referendum. The case 
 had been closed. 
 
 An initiative and referendum law passed by Manitoba has been 
 held void by the Imperial Privy Council, on the ground that the 
 Province has iio ])ower to make laws by the direct vote of the 
 people, Init only through its legislative assembly. 
 
 Forms of Judicial Proceedings. 
 
 Michigan, in 1919, passed a law authorizing suits to obtain 
 a merely declaratory judgment, decree or order, and the court 
 in such cases may make binding declarations of rights, whether 
 any consequential relief is or could be claimed, or not; including 
 the determination, at the instance of anyone claiming to be inter- 
 ested under a deed, will or other written instrument, of any 
 question of construction arising imder the instrument and a 
 declaration of the rights of the parties interested. 
 
 The "Juries Act" of July 30, 1918, in England, greatly 
 reduces the opportunities there for a trial Ijy jury. It is not a 
 matter of right, unless on issues of fraud, li])el. slander, malicious 
 prosecution, false imprisonment, seduction, or breach of promise 
 of marriage. Xor does it obtain in petty cases involving a value 
 of less than io." 
 
 Largely through the efforts of the American Bar Association, 
 Congress enacted (Febiniary 26, 1919) a bill that judgment in ap- 
 pealed cases in the courts of the United States shall be given 
 without regard to technical errors, or defects, or to exceptions 
 which do not affect the substantial rights of the parties. This 
 adopts a policy which was already established in a majority of the 
 states, and supj^orted by a strong and outspoken public sentiment. 
 
 A recent instance of the need of such legislation is given by the 
 case of People vs. Goldberg, in Illinois." The defendant was 
 charged with 50 illegal sales of liquor, in 50 counts. In one count 
 the name was written Holdherg. In the rest it was written 
 
 " Am. Bar Association Journal, V, 290. 
 "122 Northeastern Rep., 530. 
 
 v
 
 17 
 
 Goldherg. A general verdict was rendered against liim, and a 
 motion in arrest of judgment was denied. The Supreme Court, 
 on apjieal, found error and remanded \\\v cause. 
 
 It will be recollected that for more than 20 years a con- 
 vention has existed between most of the powers of Continental 
 Europe regulating the modes of proceeding in courts of justice 
 for the enforcement of rights of citizens of one of them against 
 citizens of another. Tliis convention, in its present form, was 
 framed by an official conference of nations held at the Hague in 
 1894, for the advancement of international private law. It went 
 into effect in 1S!)5 and has beeii renewed from time to time with 
 certain amendments, in periods of five years. The treaty of peace 
 (Art. 287 ) between the Allied and Associated Powers and 
 Germany, now pending for ratification, makes the rules of this 
 convention as to civil procedure apply to suits, of the character 
 mentioned, in the courts of any and all the signatory powers, ex- 
 cept France, Portugal and Eoumania. 
 
 This is an interesting illustration of the possibilities of en- 
 larging the scope of existing international relations, by new ad- 
 hesions to old conventions." 
 
 At the Hague Convention of ] 894, the United States was not 
 represented, and until now it has never sought to adhere to it. 
 The treaty of Paris brings it squarely in. A beneficial measure 
 of European origination has therefore (or will have, if the treaty 
 is ratified) been carried over to America, as well as to other 
 continents. 
 
 There would seem to be no objection on j)rinciple to this ex- 
 ercise of the treaty power, and. it would greatly promote com- 
 mercial intercourse of Americans with foreign countries. If, 
 to mention one instance, they have occasion to sue in a foreign 
 court, no Ijond or deposit for the costs of suit will l)e required; 
 but if the action fail, a judgment for costs will be given, which 
 can be collected in the courts of the })laintiff's country. 
 
 " Progress of Continental Law in tlie 19tli century, Continental 
 History Series, XI, 506.
 
 18 
 
 Forms of Legislative Proceedings. 
 
 The growing practice in the states of appointing special par- 
 liamentary draftsmen has now been followed by the United 
 States. 
 
 By a recent act of Congress, technical aides in the matter of 
 putting proposed legislation in pro])er form have been provided 
 for each house. 
 
 Wisconsin is the first state in the world to authorize the use 
 of automatic voting machines in legislative ]3roceedings. They 
 are operated by electricity, and have now been employed for two 
 sessions, to general satisfaction. 
 
 There are push buttons on the desk of each member, connected 
 with a bulletin board on which are the names of all. As compared 
 with the process of oral voting, the new device saves 99 per cent 
 of the time formerly taken by a roll call of yeas and nays. That 
 time in the House of Eepresentatives of the United States is 
 about 45 minutes. 
 
 Forms of Commercial Transactions, 
 
 The provisions in the Pomerene Act of 1916 against frauds 
 in altering spurious bills of lading, were sustained in June, by 
 the Supreme Court, in United States vs. Ferger, as protecting an 
 important instiiimentality of foreign and interstate commerce. 
 
 A law has been enacted by Umguay requiring the use of the 
 metric system in all trade transactions. 
 
 Another step has been taken in Latin-America towards a break 
 with ancient Latin-American practice in favor of methods early 
 inlierited from England by ISTorth America. 
 
 Brazil has passed a law authorizing contracts to be made 
 without the intervention of a notary public. They can hereafter 
 be executed by tlie parties before two witnesses and, when the 
 signatures are acknowledged can be recorded on tlie public 
 records. They may be typewritten or ])rinted, I)ut the parties 
 must sign or " rubricate " each page. 
 
 Co-Operative Stores. 
 
 The governmental control of ])rices during the war has had one 
 unexpected effect in England.
 
 19 
 
 The co-operative stores in C.reat Britain have a membership of 
 three or four millions. They can, of course, buy at the retail 
 prices fixed by the government. By their co-operative rules their 
 members Imve a dividend from any profits earned on all purchases 
 which they may make. In other words, they have, in the end, a 
 preference over all other jnirchasers, and to that extent may be 
 said to pay in eflVct less than the general public for the articles 
 officially priced. 
 
 Mattees of Eeligiox. 
 
 Wiiile the degrees of LL. 1). and J. U. 1). refer equally to the 
 canon and the civil law, there have for some centuries been scant 
 opportunities for the legal profession to study the former, on 
 account of its bulk and want of scientific arrangement. Pope 
 Pius X initiated its codification in 1904, and this was completed 
 in 1917, under the auspices of Pope Benedict XV, when the result 
 of the work was promulgated, the code to take effect ]\Iay 19, 
 1918. An enormous mass of ecclesiastical jurisprudence has been 
 thus reduced to a volume of about 450 pages. 
 
 By the Treaty of Berlin, in 1<S78, Koumania pledged herself 
 to give citizenshi]) and equal civil rights to her Jewish inhab- 
 itants. 
 
 On May 28, 1919, this pledge was finally fulfilled, by a royal 
 decree. 
 
 In Mexico a presidential decree has greatly changed her laws 
 as to marriage and divorce. ]\Iarriage is regarded by the state 
 as a civil contract, not a church sacrament. The parties pro- 
 posing it must present certificates from two or more licensed 
 physicians that they are each of sound mind and body. Absolute 
 divorces are allowed. Heretofore, following the canon law, they 
 could only l)e from l)ed and board.** 
 
 Criminal Law. 
 
 Missouri has restored capital punishment. It is to be inflicted 
 by hanging. 
 
 Texas has amended her Constitution so as to permit testi- 
 mony by deposition against one on trial on a charge of crime. 
 
 "Am. Bar Association Journal, V, 245.
 
 20 
 
 Vermont has adopted tliis year the system of conditional par- 
 don by the Governor upon such conditions as he thinks proper. 
 He has all the powers over the convict which he would have if he 
 were surety in the case upon the recognizance of such convict 
 before conviction, and shall be the sole judge as to whether the 
 conditions of such pardon have been violated. 
 
 Elections and Yotixg. 
 
 The new English election laws allow nearly every citizen to 
 become a candidate for member of Parliament, but only if he 
 puts up a forfeit of £150. If he obtains as many as an eighth of 
 all the votes cast, the money is returned to him, otherwise being 
 turned into the public treasury. 
 
 An important point of constitutional construction was settled 
 last winter by the Supreme Court of the United States, in Mis- 
 souri Pacific Eailway Co. vs. Kansas, 248 XT'. S., 276, 599. This 
 decision supports the doctrine that two-thirds of the senators 
 present can overrule a Presidential veto, although less than two- 
 thirds of the senators elected. 
 
 Although in Canada, under the Dominion Constitution, a 
 right was reserved to the Govemor-General-in-Council to veto any 
 provincial legislation, it has very rarely been used. The jealousy 
 of the people in respect to executive power, has led to the same 
 result there as in England. The general feeling has been that 
 as the Crown has practically al^andoned the veto, as to Acts of 
 Parliament, the Governor-General, who is in principle a reflec- 
 tion of regal aiithority in and for the Dominion, should not 
 resort to it to overthrow the legislative policy of a Province. 
 
 Under a recent decision of the Judicial Committee of the 
 Privy Council it seems to be settled that a Provincial statute can- 
 not be held void l)ecause it takes away vested property interests. 
 We in the Ignited States had to adopt the fourteenth amendment 
 to the Constitution to ]ire\ent such legislation on the part of a 
 state of the union. In Canada there is no such protection unless 
 by the veto power of the Governor-General-iri-Council. That 
 she does have it by tlie exercise of that power is now determined 
 by an Order-in-Council of May 30, 1918. Mr. Justice Eiddell's 
 well-known remark that the rule of the Decalogue " Thou shalt 
 not steal " was not liinding on the legislature of a Canadian prov-
 
 21 
 
 ince, is no longer true in view of this decision; but it goes no 
 farther than to provide a remedy for depreciation of property 
 plainly amounting to virtual confiscation. 
 
 Switzerland has amended her Constitution so that elections to 
 the N'ational Council are made in the respective cantons or half 
 cantons on the principle of proportionate representation, and 
 regulated by federal legislation," 
 
 Wurtemberg, in her new Constitution as a free state, has 
 adopted the same principle for the elections to the legislative 
 assembly. 
 
 Idaho has repealed so much of her direct primary law as applied 
 to state officers and representatives in Congress. They will here- 
 after be nominated in the old way by party conventions. 
 
 In Xorth Dakota a statute has been enacted to give all public 
 advertising to one newspaper in each county. If there are several 
 newspapers puljlished there, one of them is to be elected by a 
 popular vote. 
 
 Massachusetts has amended her Constitution so as to give her 
 legislature authority to provide for compulsory voting at elections. 
 This measure was adopted on a referendum by a majority of less 
 than 6000, out of a total voting strength of 430,000. 
 
 This reversion to a policy adopted by several of the early Ameri- 
 can commonwealths, but long abandoned, indicates that a large 
 portion of the people are dissatisfied with giving a vote to those 
 who do not care to use it. The plan of compulsion has worked 
 well for many years in several foreign countries. The other 
 states will watcli with strouir interest its treatment bv the Gen- 
 eral Court of ^rassachusetts, 
 
 " Am. Bar Association Journal, V, 307.
 
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