This shows itself particularly in regard to successions. Belgium taxes successions to foreign lands on the death of the owner, if he be domiciled in that country. England taxes the succession of a domiciled foreigner, as respects his entire personal property, wherever situated, and his own country probably lays a tax of equal extent, although most of the property may be in England. France imposes her death duties on the theory either of the lex rei sita, the lex domicilii, or the lex successionis, according as it fits best the case in hand, regarding the interest of the fisc. A Hungarian domiciled in London dies there. He owns lands in Hungary, stocks in London, and stocks in Paris. Hungary taxes the entire succession; England the entire movable succession; France the French stocks. The latter therefore pay three death duties. All this impedes the natural course of international trade and causes international ill feeling. The true solution is to follow the rule of the lex rei sita. As regards intangible property, bank bills, public securities, loans on interest, negotiable bonds, and shares in moneyed corporations, they should have a legal situs for this purpose, wherever the papers constituting or evincing them are. Ships should be taxable in the country of the home port. Debts payable at a designated place should be taxable there only. Chief Justice Baldwin discussed the subject of collecting private claims against a foreign government. He favored substantially the American proposals on this subject presented to The Hague Conference of 1907. M. Gaston de Leva, of the Brussels bar, followed him, and spoke with vigor and spirit in favor of using force when force was necessary and only then.

Hon. Everett P. Wheeler, LL. D., of New York, spoke of the special difficulty in negotiating treaties for the United States (1) on account of the participation in them of one branch of the legislature only, while if they called for positive acts or payments the consent or even the initiative of the other branch was necessary, and (2) on account of the relations of the United States to the several States. His treatment of the latter point gave rise to an extended debate, in which some of the American members contended for the right of a State to refuse obedience to a treaty stipulation which was inconsistent with the principles of her political system.

The generally accepted extensions, under modern conditions, of the definitions of contraband were effectively discussed by Lord Justice Kennedy and Justice Charles B. Elliott of the Supreme Court of Minnesota.

The committee on international corporation law having reported, through its convener, Wm. F. Hamilton, K. C., of London, that the projected code as to the international recognition of business companies,

referred back to them at the Berlin conference of 1906 for further consideration, needed no substantial alteration, the project was adopted, on the recommendation of the council.

Among the foreign members present who took no active part in discussion were Sir Frederick Pollock, Dr. Victor Schneider, of Berlin, the secretary of the conference of 1906, and Sir Kenelm Digby, the author of the well-known treatise on the history of law of real property. Ambassador Bryce attended one or two of the sittings, and briefly responded, with his usual felicity of expression, in a few off-hand remarks, to a call from the chair.

The conference was of particular interest to those familiar only with American methods of conducting the business of such bodies by its practical exposition of the efficiency of a directing body, within the association, which was its real voice. Any new proposition for new action made from the floor went, under a standing rule, to the council, without debate. The council named the officers, shaped the business, elected new members, was never in sight, but always in evidence by its results.

The next meeting of the association is to be at Budapest about the middle of September, 1908. Thirty or forty Americans were elected to membership during the sessions at Portland.

RECENT DISTURBANCES IN MOROCCO.

Since the appearance in the January Journal of the editorial comment upon the Algeciras Conference, a new chapter of Moroccan history has been written. It will be remembered that the representatives of the twelve powers who in the early months of 1906 met together at Algeciras to consider the Moroccan situation announced that "Inspired by the interest attaching itself to the reign of order, peace, and prosperity in Morocco, and recognizing that the attainment thereof can only be effected by means of the introduction of reforms based upon the triple principle of the sovereignty and independence of His Majesty the Sultan, the integrity of his domains, and economic liberty without any inequality," they had met "for the purpose of arriving at an understanding upon the said reforms." The "understanding" was indeed reached, and everything seemed auspicious for the future of Morocco, but the recent disturbances indicate, to say the least, that the "reign of order, peace, and prosperity" remains to be realized.

The situation in Morocco was peculiarly ill-adapted either for concerted action of the powers or for the thoroughgoing interference of any

single power. Before the Algeciras Convention France had told the world that she could not tolerate the supremacy of any other power in Morocco. Her position in Northern Africa was well understood, and the preeminence of her claims to superior influence in Morocco found objective expression in the provisions of the General Act. The Spanish claims were also recognized to a lesser extent. In the recent situation both of these countries realized that ranking privileges involved ranking obligations. But the chaos of affairs in Morocco was so general, and the danger of a holy war of the guerrilla type was so imminent, that Spain was decidedly reluctant, while France hesitated to enter upon a long war of subjugation and occupation, with its consequent depletion of the national fisc and weakening of the national military power. Nothing beyond necessary intervention was, therefore, attempted, and the integrity of Morocco was scrupulously respected.

The situation in Morocco had been threatening for months before the actual outbreak came. In March the French doctor, Mauchamp, was treacherously murdered, and French troops proceeded to occupy the town of Oudjda, pending satisfaction for this and other claims, while two cruisers were sent to support the demands that were made. No serious complications resulted at the time. In the last days of July, however, an attack was made upon workmen operating the railroad running between the quarry and the new pier at Casa Blanca which is being constructed by a French company. A number of French, Italian, and Spanish laborers were killed, but Mouley Amin, uncle of the Sultan, assumed control, and quiet was restored and maintained until the arrival of the French cruiser Galillée. Against the protests of the British and other consuls an insufficient force of sixty men was landed before the arrival of reinforcements to protect the French consulate, and a general riot ensued. The rabble of the town uprose and the tribes from the hills poured down. The Galillée opened fire on the town, and when the French and Spanish fleets arrived later the bombardment was continued by the French cruisers. Untold horrors were suffered, and a large part of the town was wiped out of existence.

Meantime, the peace of the country was still further jeopardized by the uprising in the south of Mouley Hafid, the Sultan's brother, with pretensions to the sultanate. It seemed at one time that he might be successful in overthrowing the de jure government, but it has developed subsequently that there is little money in his treasury and that many of those who espoused his cause were overawed. Moreover, although Mouley Hafid is reported to be a man of liberal and progressive views, the chief tenet of his party seems to be opposition to the French.

In the midst of these new agitations Raisuli continues to menace the safety of a large portion of Morocco. Having inflicted one severe defeat upon the army of the Sultan, he remains intrenched in the mountains, holding Kaid MacLean in uncomfortable captivity. His first demands were preposterous, since they included not only amnesty and an enormous ransom, but his appointment to the governorship of a large district in northern Morocco. It is understood that these demands have more recently been materially modified and that a settlement has been agreed upon, although Kaid MacLean has not yet been released.

Under these conditions the Tangier correspondent of the London Times writes:

The Morocco stage is already overcrowded with actors, but so bewildering has become the play that the present phase can only be described as a melodramatic nightmare performed by comedians. To attempt to grasp the whole plot is beyond the powers even of students of Moroccan affairs.

For the present, however, the situation appears to be under control. But what of the General Act of Algeciras? The animosity revealed in the recent outbreaks seems to be directed almost entirely against the improvements proposed by that act and undertaken under the patronage of foreign governments. Especially is that animosity directed against the French on account of the introduction of the wireless telegraph, the control of the customs, and harbor improvements which have necessitated the building of some railways. The efficiency in time of crisis of the "international" bank provided for at Algeciras was demonstrated when once it was determined to support the present Sultan against the pretensions of his brother. It was necessary for the Sultan to go to the coast with some display of authority in order to show himself to the agitated tribes and regain their confidence. The bank made the loan of 1,000,000 francs needed for the journey of His Shereefian Majesty from Fez to Rabat,

Chapter I of the General Act provided for the organization of a military police for the seaport towns of Morocco, recruited from the Moorish Mohammedans and under the instruction of French and Spanish officers. It is probable that had this police organization been in operation the recent disturbances would not have occurred, or at least would not have become so serious, unless the native police had deserted to the insurrectionists. Since the troubles have arisen the Moorish Government has given the French and Spanish authorities to understand that it cannot in the present situation give assurance of the faith and discipline of native police organized in accordance with the terms of the General Act. At the opening of hostilities France and Spain, realizing their superior

responsibility, agreed, with the consent of the powers, to undertake the protection of foreigners and foreign interests in Morocco. They have found it necessary, therefore, to establish a temporary police of their own forces.

The United States has been a silent observer of late affairs in Morocco. There are no great American interests and no large number of American citizens to be protected. Our position as a signatory of the General Act was clearly defined not only by the reservation of the declaration made by the American representatives in the plenary session of the Algeciras Conference, but by the subsequent resolution of the Senate:

as a part of this act of ratification, that the Senate understands that the participation of the United States in the Algeciras Conference, and the formulation and adoption of the General Act and Protocol which resulted therefrom, was with the sole purpose of preserving and increasing its commerce in Morocco, the protection as to life, liberty and property of its citizens residing or traveling therein, and of aiding by its friendly offices and efforts in removing friction and controversy which seemed to menace the peace between the powers signatory with the United States to the treay of 1880, all of which are on terms of amity with this Government; and without purpose to depart from the tra ditional American foreign policy which forbids participation by the United States in the settlement of political questions which are entirely European in their scope.

66
THE SAN DOMINICAN ENABLING ACT."

The National Congress of the Dominican Republic having been convened by President Caceres in extraordinary session on September 15, 1907, enacted a law on September 16, 1907, authorizing the Executive Power, through the Secretary of Finance and Commerce, to issue and sell $20,000,000 bonds of the Republic and to enter into related financial engagements, for the purpose of complying with the provisions of the convention between the Republic and the United States celebrated under date of February 6, 1907. This enabling act supersedes the conditional financial engagements entered into in September, 1906, by the representative of the Dominican Republic, and since lapsed. The present measure vests full authority in the Dominican Executive, subject only to the terms of the recent convention, and any financial arrangements growing out of it require no further submission to the Dominican Congress. It should now be possible for the Republic to carry to a successful end the programme of financial readjustment contemplated by the convention. The official text of the enabling act was published in the Gaceta Oficial of Santo Domingo City, of September 18, 1907; it is reproduced in the Supplement, p. 408.