542
THE GREEN BAG
CURRENT
LEGAL
LITERATURE
This dtpartment is designed to call attention to the articles in all the leading legalperiodicals of the preceding month and to new law hooks sent usfor review. Conducted by William C. Gray, of Fall River, Mass. The English, Scotch and French Legal magazines furnish most of the material for this department this month, although the American Law Review has four articles on various phases of constitutional law and one on the usual subject of the status of a foreigner who has declared his intention of becoming a citizen of the United States. The articles on conflict of laws in the French Journal de Droit International Prive deserve special attention. BIOGRAPHY (Heney) "The Making of a Fighter; How Frank Heney Prepared in Arizona for the work he is now doing in San Francisco," by Lincoln Steffens, August Ameri can Magazine (V. lxiv, p. 339). A breezy account of a conspicuous figure in California and Oregon criminal prosecutions. BIOGRAPHY (Taft.) " Taft; A Career of Big Tasks " by Eugene T. Lyle, Jr., August World's Work. The second part of this sketch deals with "the beginning of public service" in a rather volatile style. BIOGRAPHY (Taft) " William H. Taft as a Judge on the Bench," by Richard V. Oulahan in the August Review of Reviews (V. xxxvi, p. 208), is a pleasant commentary on the personality of Mr. Taft illustrated by anecdotes of his judicial conduct. A more important article immediately follows it en titled " The Labor Decisions of Judge Taft," by Frederick N. Judson. This is a discri minating summary of important decisions in railway cases which have been subjected to much ignorant political comment of late. COMMON CARRIERS. "The Toronto Street Railway Cases," Editorial, Canadian Law Times (V. xxvii, p. 539). CONFLICT OF LAWS (Confiscated Trade mark Abroad). The struggle in France be tween church and State presents many legal problems. " La Marque des Chartreux et les Pretentions du Liquidateur devant les Tribunana E'trangers," by A. Pillet in the Revue de Droit International Prive (V. iii, p. 525), discusses the interesting situation of the famous trade-mark of the Chartreux monks. The government receiver seized their
property in France, including their French trade-mark; the expelled monks went to Spain and there made Chartreuse which they claim the right to sell outside of France under the old mark, registered abroad. Attempts to restrain each other from using this mark were inevitable and several have been made in European courts and in at least one South American country. A recent case in Ham burg and the arguments made therein furnish the text for the present article. M. Weiss, for the monks, argued that the law of the 1st of July, 1901, as a result of which the monks lost their rights, is not personal and extra territorial, as touching on private interest, but is territorial only, being a police measure. For the receiver, M. Lyon-Caen argued that marks are the accessories of a manufacturing or commercial establishment, that they in general follow its fortunes and that the one carrying it on has in the absence of contrary stipulations the right to use the marks. He added that the French courts had recognized the receiver's right to use the marks in controversy. Agreeing with M. Weisse's result the author declares the territoriality of the law has little to do with it; agreeing with M. LyonCaen's statements he says they do not require a decision for the receiver abroad, for there may be a transfer in France that does not operate elsewhere. The kernel of the ques tion is to what extent a transfer, particularly a confiscation without indemnity will be considered valid abroad. There is no doubt a voluntary transfer in France would give a right of property that
