690
THE GREEN BAG
INSURANCE (see Maritime Law and Evi dence). INTERNATIONAL LAW. The Yale Law Journal for November (V. xvi, p. 25) prints Dr. F. Sieveking's paper on " The Harter Act and Bills of Lading Legislation " at the Berlin Conference of the International Law Associa tion in October, 1906. He reviews the fruit less efforts to secure a general bill of lading, but thinks good will be done by keeping the subject on the program of the International Law Association. INTERNATIONAL LAW (Boundaries). In the September-October American Law Review (V. xl, p. 750), Hannis Taylor discusses " Na tional Boundaries " giving the general rules of definition and the coast line rule as defined by international law. A recent Supreme Court decision, Louisiana v. Mississippi, 202 U. S. 1-59. whereby contrary to the rules long settled by the State Department, Mississippi Sound is held to be " an arm of the sea " and not open sea, is criticised as an unexplained departure by the court from its own rule, long promulgated, that the " Judiciary takes execu tive view as to national boundaries. The day will surely come when the conflict of view thus established as to the principles by which the extent of our territorial waters are to be de termined will seriously embarrass us in matters to be determined by international tribunals. If we shall be charged in a certain case by a foreign nation with a failure to discharge our neutral duties within our territorial waters, and the political department replies that the waters in question are a part of the open sea and not territorial, it will be confronted with the decision in the case in question adjudicat ing such waters to be territorial. The politi cal department will then rejoin with the obvi ous answer that the Supreme Court attempted to settle a matter over which it had no juris diction." JUDGMENTS. " Res Judicata," by J. D. Dikslut, Bombay Law Reporter (V. xviii, p. 257)JURISPRUDENCE. The October Law Quarterly Review (V. xxii, p. 416) gives the second and final installment of A. H. F. Lefroy's scholarly article on " The Basis of Case Law." This second part discusses public
policy and other " practical considerations, which can hardly be said to be of the dignity implied by the term ' public policy,' " as the basis of the law. Summing up, he says: "Thus we have seen that a great mass of case-law is purely judge-made law, based upon considerations of justice, morality, com mon sense, public policy, and convenience, and other practical considerations. But these are in truth the grounds — perhaps, indeed, the only grounds — on which any law can properly be made, whether by judges or by parliament; and it may certainly be claimed that judges make their law with a more single eye to these considerations than any parliament can be expected to do. And if the subject with which these articles have attempted to deal could be worked out with entire accuracy and completeness, we should have a portrayal of the legal mind of England, as it has developed and established itself during centuries of judi cial work and thought, so far as regards the proper balancing and harmonizing of these legitimate bases for law." LEGAL ETHICS. Of especial importance, in view of the project of the American Bar Association to codify professional ethics, is a contribution by Judge David J. Brewer to the November Atlantic (V. xcviii, p. 587) on " The Ideal Lawyer." After meeting the common thrusts at our profession by showing that the lawyers sustained prominence in our public affairs, and indeed the very overcrowd ing of the profession itself by youth of ability, prove that lawyers have ideals, he defines the elements of the best in his profession. He first insists upon honesty, showing that sellinterest compels the lawyer to be honest with his client and the court and jury. His rela tions to the public are apparently more diffi cult, especially when they conflict with his obligations to defend criminals. The author cites the example of the defenders of the mur derer of McKinley as an example of the mea sure of the duty in such cases. Mere honesty, however, will not make the ideal lawyer. He must be a constant student, must be familiar with the affairs of modern life and in spite of specialization this becomes an increasingly difficult task. Careful preparation of cases is essential but in addition to knowledge of the law he must have the mental power that en
