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Recent English and Canadian Decisions

[Note. The more important of these decisions will be reported, with full annotations, in British Ruling Cases.]

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Insurance assignment of life policy in event of assignor dying before assignee validity. The owner of a policy of life insurance gave it to his housekeeper with the following signed indorsement: "I authorize❞—naming her "my housekeeper and no other person to draw this insurance in the event of my predeceasing her, this being my sole desire and intention at time of taking this policy out, and this is my signature." This assignment was held by the English court of appeal, in Re Williams [1917] 1 Ch. 1, to be inoperative on the ground that it was an incomplete gift, being either a revokable mandate or authority which was revoked by the death of the assignor, or, if taking effect on the death, a testamentary document not duly executed.

Municipal corporation - annexation of territory divisibility of payment to be made by railroad under franchise granted by county. That the payments which an electric railway company agrees to make annually upon a mileage basis as a condition of its franchise to operate cars over a county road do not become apportionable between the county and the city upon the annexation by the city of territory including a portion of such road, even though the covenant of the railroad company runs to "successors and assigns," is held in Wentworth County v. Hamilton Radial Electric R. Co. 54 Can. S. C. 178.

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trim of the ship, does not commit any breach of the contract of carriage, and is therefore protected by an exception in the bill of lading against liability for loss or damage arising from breakage, is held in Bruce Marriott & Co. v. Houlder Line [1917] 1 K. B. 72.

War alien enemy status of domestic corporation carrying on business in enemy territory. A company incorporated in England, the management and control of which is exercised in England by an English board of directors, and the great majority of the shareholders in which are British subjects or neutrals, cannot be considered as having, in the British courts, the status of an alien enemy by reason of the fact that its property is situated in enemy territory, where it has a duly constituted agent for the transaction of its business, according to the decision of the English court of appeal in Rè Hilckes [1917] 1 K. B. 48.

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Wills gift to nephews and nieces inclusion of children of illegitimate sister. Where a testator who had given his residuary estate in trust for "all or any of my nieces and nephews" went on to declare that the natural son of an illegitimate sister, and the natural son of a legitimate brother, "shall be entitled to a share equally with my other nephews and nieces," the context so sufficiently enlarges the gift as to include within the description of nephews and nieces the children of another illegitimate sister, especially where it appeared that the testator and his brothers and sisters, both legitimate and illegitimate, were all brought up together as one family, and that the sons of the illegitimate sister were treated by him as his nephews. Re Helliwell [1916] 2 Ch. 580.

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New Books and Periodicals

Men disparage not antiquity who prudently exalt new inquiries. Sir Thomas Browne.

"Business Competition and the Law." By Gilbert H. Montague (G. P. Putnam's Sons, New York) $1.75 net.

Some of the everyday trade conditions affected by the Anti-Trust Law are discussed in this book. It deals wholly with practical questions and shows the dangers of aggressive salesmanship. "These questions," states the author, "present themselves daily as spelling either success or failure for great merchandising organizations, for nation-wide sales campaigns, for carefully conceived and elaborately executed marketing plans, and for the network of hundreds of thousands of distributing channels that create national distribution among millions of consumers for scores of competing producers and manufacturers."

This volume, while intended for business men, is founded on court decisions and legal proceedings and contains an extensive chapter devoted to bibliography and authorities. It is a forceful discussion of the present status of a relatively new legal subject.

"Unfair Competition." By William H. S. Stevens, Ph. D. (The University of Chicago Press, Chicago, Ill.) $1.50 net.

This book is designed for the legal profession and also for business men. It endeavors to set up an economic criterion for the determination of what constitutes fair and unfair competition. Twelve forms of "unfair competition" are defined and discussed. They include such methods as local price cutting; operation of bogus independent concerns; fighting instruments; conditional requirements; exclusive arrangements; black lists, boycotts, white lists; rebates and preferential arrangements; engrossing machinery or goods used in the manufacturing process; espionage; coercion, threats, intimidation; interference and manipulation.

The author believes that important results may be expected from the legislation designed to destroy unfair practices, and that it will prove a forward step on the road to the ultimate solution of the trust problem.

This work will prove of interest and value to many readers.

"The Morals of Monopoly and Competition." By Homer B. Reed, Ph. D. (George Banta Publishing Co., Menasha, Wis.)

and

The change in business practices morals, which is evidenced by the opinions and utterances of judges, legislators, and business men, is the theme of this thoughtprovoking volume. The change from private to public morals with carriers and large industrial combinations, and the change from private to public service methods in determining prices, form the subjects of the chapters.

The author views the steps taken in putting big business under the public law and under the direction of public experts as a matter of congratulation. He believes that if the interests of the consumer are to be as well protected as under the old competitive régime, that large manufacturing and marketing combinations must be treated as public service corporations, governed by public law instead of by private law, as has been done in the case of the railroads. This change in business conditions, he anticipates, will bring about a corresponding change in the working principles from charging what the commodity or traffic will bear to charging prices and rates yielding a fair profit over cost of production or service.

"The Man in Court." By Frederic De Witt Wells (G. P. Putnam's Sons, New York) $1.50.

The publishers describe this book as a humorous visualization of the trial of court actions. Mr. Herbert C. Hoover, of the Commission for Relief in Belgium, says of the work: "If its theme, that the courts should be an organ of investigation instead of an arena for trial by battle, can be implanted

So far as possible the work has utilized actual testimony in illustrating various methods. A considerable proportion of this testimony is from court proceedings, and was given under oath.

in the American mind, a great step will have been made in progress.'

The author has tried to show the point of view of the ordinary man in a law court, as the various proceedings of a trial take shape before him. The opening chapter portrays the vital and pitiful drama of the Night Court. Following chapters discuss such subjects as "The Judge," "The Strenuous Lawyer," "The Worried Client," "The Confused Witness," "The Anxious Jury," and similar themes.

The work is written in a pleasing narrative style, and is crowded with anecdote and incident. It is of interest to both lawyer and layman.

"Great Britain's Part." By Paul D. Cravvath (D. Appleton & Co., New York) $1.00.

This volume records the impressions of a prominent member of the New York bar who was permitted to visit the British and French battle front during the period of the Somme offensive. He feels that England's achievements in the European War have not been fully appreciated. He describes the organization of the army, the method of bringing up ammunition and food supplies, and the maintenance of hospitals and prison camps. His observations will furnish the reader a clearer idea of the importance of the war and of the unparalleled scale on which it is being waged.

Principles of the Federal Law. By H. W. Chaplin, 1 vol. $7.50.

Law of Conversion. By R. D. Bowers, 1 vol. $7.50.

Recent Articles of Interest to Lawyers

Attorneys.

"Addresses Delivered at Annual Meeting of 1916: Elihu Root (President's Address), ‘Public Service by the Bar.'"-2 American Bar Association Journal, 736.

"A Few Ways to Secure Law Practice."28 American Legal News, 17.

"Should an Attorney for Creditors Represent Either the Receiver or the Trustee?"-28 American Legal News, 23.

"The Ethical Lawyer."-23 Case and Comment, 920.

"The Temple and the Inns of Court."-2 St. Louis Law Review, 1.

"William E. Borah, 'The Lawyer and the Public.'"-2 American Bar Association Journal, 776.

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"Studies in Conflict of Laws-Uniformity Through Codification of the Rules of Private International Law."-84 Central Law Journal,

140.

Constitutional Law.

"Constitutionality of Provisions of Prohibition Act Relating to Transportation."-2 Virginia Law Register, 822.

"Frank J. Goodnow, 'Private Rights and Administrative Discretion.'"-2 American Bar Association Journal, 789.

"Inalienable Rights of Property: A Study of Contract Obligations and Other Vested Rights."-5 California Law Review, 209.

"Is the Federal Child Labor Statute Constitutional?"-23 Case and Comment, 906.

"The Proposed Woman Suffrage Amendment and the Amending Power."-65 University of Pennsylvania Law Review, 403. Contraband.

"Contraband Lists in the Present War."-4 Virginia Law Review, 371. Copyright.

"The Scope of the Law of Copyright."Virginia Law Review, 385. Corporations.

"Can the Capacity of a Corporation to Take a Conveyance of Real Estate Be Called in Question in a Collateral Way by Anyone Öther Than the State?"-84 Central Law Journal, 174.

Courts.

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Judges.

"The Superannuation of Federal Judges." -20 Law Notes, 225. Jurisprudence.

"Socialization of the Law."-23 Case and Comment, 911.

Law and Jurisprudence.

"Problems of the Law's Mechanism in America."-4 Virginia Law Review, 337.

"The Changing Legal Order."-28 American Legal News, 5.

"The Forensic Theory of Law."-2 St. Louis Law Review, 11. Master and Servant.

"Public Regulation of Wages, Hours, and Conditions of Labor of the Employees of Public Service Corporations.”—6 National Municipal Review, 31.

Municipal Corporations.

"How Not to Plan Cities."-6 National Municipal Review, 57.

"How the Commission-Manager Plan Is Getting Along."-6 National Municipal Review, 69.

"Municipal Preparedness."-6 National Municipal Review, 1.

"Municipal Recreation-A Review of Recent Literature."-6 National Municipal Review, 49.

"New Orleans' Experience under Commission Government."-6 National Municipal Review. 73.

"Obstacles to Municipal Progress."-11 American Political Science Review, 76.

"The Buffalo Charter."-6 Municipal Review, 79.

"The City Secretary's Office of Frankfurt

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"Investment of Trust Funds in Participating Mortgages."-34 Banking Law Journal, 100.

"National Banks as Trustees."-1 Minnesota Law Review, 232.

"Trust Company Held Liable for Shrinkage in Trust Estate."-34 Banking Law Journal, 85. Waters.

"Engineering Factors in the Law of Waters."-23 Case and Comment, 873.

"Injury Without Damage as Illustrated by a Point in the Law of Waters." (Right of Prior Appropriator of Water to Change Place of Use or Point of Diversion "If Others are not Injured by the Change.")-5 California Law Review, 199.

"Observations on the Illinois Decisions Affecting Proprietary Rights in Illinois Lands Underlying Lakes and Streams.”—11 Illinois Law Review, 540.

"The Great Shoshone Dam."-23 Case and Comment, 892. Wills.

"Three Generations of Romance and Litigation: The Celebrated Gaines Will Cases." -11 Illinois Law Review, 464.

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A Record of Bench and Bar

Baron Finlay

Lord High Chancellor of Great Britain
BY W. E. WILKINSON, LL.B (LOND.)
A Solicitor of the Supreme Court, England

THE summit of a great career was

reached when in December last Sir Robert Finlay became Lord High Chancellor of Great Britain, the most august legal office in the United Kingdom. This crowning achievement has indeed been attained somewhat late in life, for the new Lord Chancellor is seventy-four years of age, but his promotion to the Woolsack has been delayed by reason of the political party to which he belongs. Being a Conservative, it was of course impossible for Lord Finlay to become Lord Chancellor at any time during the ten years before the War when the Liberal Party was in power, and during the preceding twenty years (1885-1905) the Woolsack had been occupied by that veteran among judges, Lord Haldane, who, at the age of ninety-three, still sits in the House of Lords to hear appeals to the highest court in the land. Upon the formation of the coalition government in 1915, Lord Finlay's name was freely mentioned as a likely successor to Lord Haldane, but, apparently, the balance of parties in the new ministry would have been disturbed if the Lord Chancellor

had not been a Liberal. Consequently, Lord Buckmaster was unexpectedly made Lord Chancellor, a position which he retained for eighteen months. When upon the formation of the new ministry, the great office had again to be filled, the satisfaction was universal when the choice fell upon Sir Robert Finlay, as he then was.

Lord Finlay was born in Edinburgh seventy-five years ago, and educated at Edinburgh Academy and later at the University, where he took the degree of Doctor of Medicine, intending to practise as a medical man. The law, however, attracted him and he became a student of the Middle Temple, studying under Sir John Day. Called to the bar in 1867, the future Lord Chancellor practised in London and on the home circuit. He took silk in 1882 and entered Parliament as a Liberal in 1885. Upon the split in the Liberal party over Mr. Gladstone's Home Rule Bill, Mr. Finlay became a Liberal Unionist. He was at the very top of the profession when, on the formation of the Unionist Government in 1895, Mr. Finlay became Solicitor Gen

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