very definite statement of the Spanish Civil Code in regard to the contract of pure beneficence, and it would seem that this would oppose a much more effective barrier to the elimination of the continental causa from the Porto Rico system by the interpretation of the courts than has the more ambiguous wording of the Louisiana Civil Code.

Uniform State Laws Governing Negotiable Documents of Title.— FRANCIS B. JAMES. Having met with marked success in its efforts to secure uniform legislation on the subject of negotiable instruments, the national conference on uniform state laws is now turning its attention to the codification of the law of sales. This article deals solely with section 39 of the proposed code, which provides that where a negotiable document of title is issued for goods, and they are thereafter attached by garnishment or levied upon under an execution, such attachment or levy shall be invalid against one to whom the document has been negotiated for a valuable consideration and who purchased it either before such attachment or levy or within ten days after the original issue of the document in good faith and without notice of the attachment or levy." Mr. James calls upon bankers and others interested in this question to use their influence to have the ten days limitation stricken out. A warehouse receipt or bill of lading, he contends, to be truly negotiable must stand on exactly the same basis as a bond if it is to pass as a part of our flexible paper currency, so necessary to the expansion of our trade and commerce. H. S. G.

THE GREEN BAG.

JUNE. The Lawyer in Public Affairs.-HON. ALTON B. PARKER. Judge Parker deals with the independence of thought displayed by the American lawyer who enters the service of the state. The politician placed upon the bench at once becomes judicial. Chief Justice Chase, as a partisan executive, suggested and executed a law making paper money legal tender, and then, as a Justice of the Supreme Court, cast the deciding vote to reverse his own action as Secretary of the Treasury. Similarly in the field of diplomacy, during the last forty years this country has been represented at the Court of St. James by five lawyers, all of them trained partisans. Yet each one has illustrated at its highest point the non-partisan influence upon which the writer dwells.

Legal Rights in the Remains of the Dead.-FRANK W. GRINNELL. The author has investigated his subject in the course of his pro

fessional duties as counsel for the Massachusetts Cremation Society. His conclusions are: (1) A testamentary disposition of the decedent's body is valid and enforceable; (2) in the absence of testamentary directions the power of disposition exists in the survivors of the decedent's family in the order of their affinity to him, with a residuary power in the courts where dispute arises between those of the same degree of kinship. This control of the survivors in England, however, does not extend to cremation. It covers only a "Christian burial in the accustomed form." Contra in America.

JULY. Limitation of Hours of Labor and the Federal Supreme Court.-ERNST FREUND. The decision of the Supreme Court reversing the New York Court of Appeals in People v. Lochner, and holding invalid a law regulating the hours of employment of bakers, is the subject with which the writer deals. He pronounces the decisions irreconcilable with Holden v. Hardy, 169 U. S. 366, in which a statutory limitation upon the hours of labor in underground workings was sustained. The holding is also opposed to principle and public policy. It is as unreasonable to condemn an arbitrary maximum of hours of employment as to fix upon a definite number of years, applicable to all persons, for the period of infancy.

People v. Lochner is important as marking the first instance where the Supreme Court has enforced a constitutional right of liberty of contract against the exercise of the police power on the part of the state, in opposition to the judgment of the courts of that state supporting the legitimacy of the legislative action.

The Civil and the Common Law in the Louisiana PurchaseEMLIN MCCLAIN.1 The aggressive tenactiy of the common law among Anglo-Saxons is exemplified by the failure of French occupation to plant its legal system with any degree of firmness in the Louisiana purchase lands. Outside of the more speedy and certain punishment of crime under the civil law, our system is the more desirable in many respects specifically dealt with by Judge McClain.

SEPTEMBER. The Constitutionality of General Arbitration Treaties.-EVERETT P. WHEELER. The argument that the President and Senate cannot constitutionally make general treaties of arbitration is believed by the writer to be untenable for the following reasons, among others: (1) It ignores the difference between a treaty and an agreement; (2) the treaty-making power conferred by the consti

tution is a general one. It is a well settled rule that where the constitution itself makes no exception the court should not raise one by construction; (3) Article VI of the constitution provides that all treaties" shall be the supreme law of the land."

NOVEMBER. Governmental Regulation of Prices.-EUGENE A. GILMORE. The occasion for the first statutory regulation of prices arose from the ravages of the Black Death in 1348. The writer enumerates many subsequent exercises of this legislative power in England. With us the stringencies incident to the Revolution gave rise to similar enactments in the colonies even before the birth of the federal government. Recent decisions of the Supreme Court are discussed. As a result, the admission is forced that it is still an open question whether a general legislative power exists to fix prices in private business.

The Law of Naturalization.-HON. HENRY STOCKBRIDGE. The constitutional and statutory regulations for the acquisition of American citizenship are first treated historically. Inasmuch as twothirds of the aliens seeking to become citizens make application to the state courts, the right of the states to regulate all matters of practice for these cases receives considerable attention. The legislature of a state may entirely forbid its courts to entertain the application, and hence it may place any restraint or condition upon the practice which it deems expedient. The question as to whether a federal court, upon the ground of fraud, may set aside a citizenship granted by a state court has received diametrically opposite answers.

DECEMBER. Limitations upon the Power of One State to Exclude the Corporations of Another.-HON. EUGENE F. WARE. The monumental case upon this subject (Paul v. Virginia, 8 Wall. 168) was decided in 1868, holding that foreign corporations might be excluded at the will of the state. Later cases have engrafted upon this broad rule the following limitations upon the burden of admission: (1) It must not be repugnant to the constitution; (2) nor to the laws of the United States; (3) nor to the rules of public law securing the jurisdiction and authority of each state from encroachment by all others; (4) it must not condemn without opportunity for defense; (5) nor regulate inter-state commerce; (6) nor require the sacrifice of a right or privilege secured by the constitution; (7) nor impair rights secured to the citizens of the several states. Furthermore, the state cannot refuse admission to a federal corporation nor to a corporation in the employment of the United States. R. V.

NORTH AMERICAN REVIEW.

AUGUST. Federal Regulation of Life Insurance.-JAMES M. BECK. From the author's well-known connection with a life insurance company it might be expected that his article under the above title would be a piece of special pleading for federal control of insurance. It is this and more. Beginning with Hamilton's suggestion that among the powers of federal government,-whose existence he declares admits "of little, if any, question "—was the regulation of policies of insurance, he briefly presents the status of insurance companies at the date of the adoption of the constitution, recalling that fire and marine companies were then well advanced, but that life companies were of comparatively recent date, the oldest in the world having been founded less than thirty years before. When Hamilton, therefore, included the regulation of policies of insurance within the federal power to regulate commerce, he instanced a power so familiar to all his contemporaries that he could well say its existence admitted" of little, if any, question "; and I am not aware that, in the subsequent discussion of the constitutional question, either Jefferson or Lincoln took issue with Hamilton as to this particular claim. President Washington sustained Hamilton's theory as to the incorporation of a national bank, and in this the Executive Department was subsequently sustained by the Supreme Court of the United States, in the famous case of McCullough v. Maryland, in which decision Marshall's analytical powers shone so resplendently.

Reciting the multiplicity of contracts, the special knowledge requisite, the scientific accuracy needed properly to estimate the expectancy of life and the earning power of money, the financial skill and experience necessary for the investment of enormous assets, and the intricate mathematical calculations upon which insurance is based, as all reasons for governmental supervision, Mr. Beck continues that no insurance company can satisfactorily serve fifty-one masters. No legitimate commercial enterprise can be properly conducted which depends upon the caprice of an official. Under the present system, insurance companies can obtain their right to do business, in a state other than that of their origin, only upon such terms, however capricious and arbitrary, as that state may direct. The evil of conflicting commercial regulations, which led to the adoption of the constitution by the colonies, still exists in the matter of insurance, for individual states have vied with each other in passing restrictive, discriminative and retaliatory legislation against the insurance corporations of other states.

The United States is the only government in which such power is decentralized. Prior to 1901, the various German states regulated insurance, but in that year the entire supervision of private insurance companies was vested in the so-called Imperial Supervising Office. In Australia and France, too, the entire subject is under central control. The visitorial power of state departments has likewise been the subject of gravest abuses. The burden of the expense of examinations has, in many instances, exceeded all legitimate bounds. The obstacle in the way of federal control is the legal rather than the economic one.

Mr. Beck questions the authority of the decision of the Supreme Court in the case of Paul v. Virginia, and calls attention to the fact that in 1901, in the case of Nutting v. Massachusetts, while the Court reaffirmed the doctrine it did so in more guarded language. Notice, further, the decision in the Lottery cases, where by a vote of five to four the Supreme Court finally sustained the validity of the federal act on that subject. So it is argued that it may clearly be contended until the Supreme Court declares otherwise, that the Lottery cases have overruled Paul v. Virginia; at least to the extent that the former case holds that a policy of insurance could not be a subject of commerce.

If the present action results in a federal law and its validity is questioned, the Supreme Court will be assisted in recognizing federal authority, not only by its more recent decision in the Lottery cases, but by the fact that Congress and the Executive Department have already recognized the federal nature of insurance. If, however, Congress is without power, an amendment should be passed enabling it to regulate insurance, the importance of which is evident since it collects more money each year than the government itself, and administers an accumulated treasure greater than all the money now in circulation in this country.

OCTOBER. Can Congress Reduce Representation?-EMMET O'NEAL. In a strikingly original article it is argued that the exclusive right of the several states to fix the qualification of voters is older than the constitution, and that the Second Section of the Fourteenth Amendment has in effect been repealed or avoided by the adoption of the Fifteenth Amendment. The reasoning is based upon circumstances which led to the adoption of these Amendments during the reconstruction period, looking to the purpose which was the pervading spirit of them all, the evil which they were designed to remedy, and the process of continued addition to the constitution, until the purpose was supposed to be accomplished.