quately served and the railways allowed a reasonable profit on in vestment. Perhaps it would increase the usefulness of this selection of cases if data or statistics were included on rate-making and valuation, but in view of the fact that these are with difficulty obtainable even by the commission itself, their absence is justifiable. As stated by Commissioner Eastman, in Increased Rates, 58 I. C. C. 220 (Frankfurter's Cases, 553): "For some time the commission has been diligently engaged in the enormously difficult task of ascertaining and assembling the valuation data required by section 19a of the Interstate Commerce Act; but it has not yet fixed final 'value' for any road, and preliminary reports are available on but little more than 15 per cent of the mileage of the country. Nor have we as yet determined the principles by which 'value' for rate-making purposes is to be estimated from the data accumulated." A further criticism might be made in that throughout the case-book there is no reference to the wealth of legal literature which has grown up with the case law on this subject. The broad experience of the author in this field, as well as in others generally, might well have been laid under tribute in this connection, resulting in much saving of labor by instructor and student. But perhaps the author's viewpoint as to the nature of law-best expressed in the words of Mr. Justice Holmes in the case-book-that we "only occasionally can reach an absolutely final and quantitative determination because of the worth of competing social ends which respectively solicit a judgment"-may have led him to conclude that comment upon the cases would only serve to dogmatize and stabilize, which would defeat the object of the law. This book, when added to that of Sayre on Labor Law and Oliphant on Trade Regulation, with Beale on Taxation, challenges once more the traditional law-school curriculum, and forces upon the law-school world, at least, the belief that the present curriculum must be somehow altered, either through election or extension, in order that these technical and valuable courses, dealing with new developments of the law, can be obtained by the law student. Happily, the stronger law scools have for a number of years already made these necessary changes, and, with the appearance of Mr. Frankfurter's admirable new edition of Cases on Interstate Commerce, it may be hoped that other strong law schools will fall in line. Western Reserve University. E. F. ALBERTSWORTH. WAR AND TREATY LEGISLATION, 1914-1921: Affecting British Property in Germany and Austria, and Enemy Property in the United Kingdom, By J. W. Scobell Armstrong, C. B. E., Officier d'Académie and Barrister-at-Law of the Inner Temple. London: Huthinson & Co., 1921. Pp. xx + 489. This is a compilation, part verbatim and part in substance, of all the war and treaty legislation of England, Germany, and Austria from the outbreak of the great world war in 1914 down to the date of publishing. The important enactments, decrees, and treaties or parts of them are set out verbatim, while some of those of minor importance are merely treated by the author in his summaries and introductions. From the standpoint of utility, this book is important only as embodying in a single volume this great mass of scattered legislation, for a study of which, otherwise, reference would have to be made to numerous inconvenient sources. The book does not purport to be a treatise. All it is, as the author states in his preface, is a handbook or finger-post for the guidance of those who are interested in following the legislation of the nations during the late war. The author sets out in various chapters the important enactments of each nation with reference to a particular subject of legislation, and prefixes these with a short introduction in the way of a summary indicating the general trend of the legislation. Incidentally he compares the acts of the various countries, and draws a few conclusions. An interesting feature which he points out is that all of the German and Austrian legislation affecting the property, claims, and debts of alien enemies was retaliatory, England always taking the first step in all these orders or acts. Austria always followed the lead of Germany, adopting the important Prussian measures about a month after their declaration in Berlin. However, he explains the hesitation of Germany and Austria to take the lead in this class of legislation by the fact that it was more to their interest to reap the benefits of unrestricted and normal commercial relations as long as possible. The necessity of their measures did not arise till England passed hers first. The book is supplemented by sixteen useful appendices, which give important war dates and data as well as various administrative measures for carrying out legislation and for carrying out the peace treaties. Besides a general index there are indexes in German to the German and Austrian acts. The author is to be complimented for the work he has done in his compilation, though, as said above, the nature of the book afforded little opportunity for the expression of his own ideas. K. G. C. LEGAL STATUS OF AMERICAN CORPORATIONS IN FRANCE. Prefaces by René Viviani and Raymond Rosenmark. By Charles Gerson Loeb. Paris: The Lecram Press, 1921. Pp. xxxviii+ 534. The object of this treatise, as indicated by the author, is "to set forth, concisely and yet comprehensively, the principles of French law governing the status of foreign and more particularly American corporations in France, and the formalities they must fulfil before they can do business or issue or circulate securities therein," and the work accomplishes this desired result with marked success. The coherent manner in which these technical requirements and their application are presented is due, in part at least, to the apt arrangement of the material. The work is divided into three parts. The first part sets forth the legal status of foreign organizations, the criterion for determining their nationality, their powers and duties, and the extent to which they are subject to French law. The historical development of the doctrines and decisions upon which these rules are based is very complete. The second part is devoted Inasmuch as questions relating to the legal status of foreign companies. Part three is a detailed analysis of the five types of French companies. Inasmuch as questions relating to the legal status of foreign corporations in French jurisprudence fall within the scope of French private international law, some knowledge of the principles of that field of the law and some familiarity with the French legal system are necessary. The book is valuable for the information it contains pertaining to those subjects. Indeed, the treatise may be recommended to those who feel dissatisfied with the law of rights of foreign incidence in our jurisprudence, in the hope that comparison of the two systems may establish their faith in their own. The text is rendered authoritative by frequent citations to cases, articles, decrees and laws, many of the latter of which are printed in full in the extensive appendix. The most serious objection to be noted is the careless proofreading. ARTICLES IN PERIODICALS V. E. F. PROPOSAL TO GIVE CONGRESS THE POWER TO NULLIFY THE CONSTITUTION. Douglas W. Brown. Am. L. Rev. LVII 161. GUARDIANS OF THE CONSTITUTION. Lawrence T. Harris. Am. L. Rev. LVII 183. COMPROMISES OF THE CONSTITUTION. LVII 220. Randolph Harrison. Am. L. Rev. NON-PAR STOCK-ITS USE AND ABUSE. Henry W. Ballantine. Am. L. Rev. LVII 233. STATUS OF UNION LABOR BEFORE THE LAW. James M. Kerr. Am. L. Rev. LVII 239. EQUITY PROCEDURE AND PRACTICE IN MASSACHUSETTS. Bost. Univ. L. Rev. III 63. Henry E. Bellew. PROTECTION OF INSURED WIFE'S POLICIES IN HUSBAND'S BANKRUPTCY. ONE ASPECT OF THE COLORADO RIVER INTERSTATE AGREEMENT. Samuel C. SOME SECONDARY SOURCES OF ACQUISITION OF COMMUNITY PROPERTY. Alvin E. Evans. Cal. L. Rev. XI 156. A COMMON HERITAGE. John W. Davis. Can. Bar Rev. I 214. THE HOUSE OF LORDS AND THE JUDICIAL COMMITTEE. E. R. Cameron. Can. Bar Rev. I 223. THE "ALTERNATIVE VOTE" METHOD EXPLAINED. Ronald Hooper. Can. Bar Rev. I 232. COMBINATIONS IN RESTRAINT OF TRADE. Warwick Chipman. Can. Bar Rev. I 236. DOMICIL. E. K. Williams. Can. Bar Rev. I 243. ILLINOIS LAW REVIEW Volume XVIII NOVEMBER, 1923 Number 3 THE CASE OF ITALY v. GREECE under PACT OF NATIONS BY JOHN H. WIGMORE Following are the reflections of a lawyer, a long-time friend of Italy, who has just completed a sojourn of three months in Italy and a month at Geneva. I GREECE'S RESPONSIBILITY The assassination at Janina, on July 27, 1923, of the Italian members of the mission of the Quadri-National Alliance, occurred on Greek territory, and placed upon the Greek government a responsibility for reparation, if in fact the detestable deed was committed by Greek nationals. This follows, first, because the crime had obviously a political motive and was committed against foreign officials engaged in doing an official act on Greek territory with Greek consent; and, secondly, because the present Greek government came into power with acts of high-handed violence and brutality which cast doubt upon its right to be recognized as a competent incumbent of national sovereignty. These combined circumstances placed upon the present Greek government the special responsibility of maintaining order and protecting foreign officials, in a degree that might not have been exacted of another Greek government or of other governments generally. This conclusion does not appear to be disputed in any quarter. Nevertheless, what remained yet unproved was whether in fact the crime was committed by Greek nationals. This becomes distinctly a justiciable question. However probable the Greek authorship, it was not a fact that could be assumed on first view by the government whose officials were assassinated. Note also that the Boundary Mission was appointed on behalf of four nations jointly-British Empire, France, Italy, and Japan; that the personnel of the mission was drawn from three of these four nations; and that therefore the injured party-nations were all four. Even though the Italian representatives were singled out deliberately by the assassins, and even though the pre-existing popular emotions in Greece were specifically directed against Italy, the offense was not exclusively against Italy; the right of reparation arose as well for the other nations jointly; and therefore it would be unnatural and unusual (to say the least) for the specific nation to take practical measures for redress not in concert with its associates. II ITALY'S ACTION Italy's action consisted in five things: (1) A demand for official apologies of several sorts; (3) A demand for the payment of 50 million lire; Moreover, all this action was taken without consulting the other three allied and injured nations; and, furthermore, it was taken without formal inquiry into the authorship of the crime and was not conditioned upon the result of any further inquiry. Neither of these latter facts affects directly, in international customary law, the rights of Italy. But, taken together, they deprive the Italian government of any reason for expecting lenient interpretation of its case in other aspects. Were Italy's demand and acts justifiable? 1. The various sorts of official apologies demanded were in substance justifiable. The subsequent formulas proposed both by the Council of the League and the Quadri-National Ambassadors |