EDITORIAL DEPARTMENT would be respected elsewhere. Professor Pillet thinks there might be more question in the case of a purchaser at a bankruptcy sale. But he finds a principle running far back in the science of jurisprudence and resting on ideas of natural justice, that laws derogating from common right or having a political origin will have only territorial effect. French courts for instance, have refused to recognize the lack of capacity of a foreigner, under the law of his own country, because it had a political or religious origin. The law under which the receiver holds is clearly a political one; that alone, he says, prevents its operation elsewhere. And clearly it is one of confiscation, thus coming under the other branch of the rule also. A curious question of fraud and unfair competition is also treated. The expelled monks make in Spain the liqueur they formerly made at la Chartreuse, according to their secret recipe. The government official makes a liqueur at la Chartreuse in the place formerly used by the monks, perhaps even with their apparatus, though he does not know their processes, and perhaps does not even know the ingredients they used. Each sells under the old mark bearing the words: " Liqueur fabriquee d. la Grande Chartreuse." Which deceives the public and commits a fraud? The author has no hesitation in saying it is the government official. CONFLICT OF LAWS (Renvoi Doctrine). "Du Renvoi d' Aprei la Jurisprudence Anglaise en Matiere de Succession Mobiliere," by J. T. B. Sewell, Revue de Droit Inter national Prive (V. iii, p. 507). A discussion of the English cases involving the disposition of personalty in England of persons dying domiciled abroad, since French jurispru dence has adopted nationality instead of domicile as the source of the law governing personal status. These cases involve the puzzling doctrine of renvoi, or English law says personalty in England is distributed according to the law of the domicile. But France regulates succession to personalty by the law of the decedent's nationality, without regard to his domicile. The English courts have not yet worked out whether this will result in the application of the Eng lish municipal law of succession, a result the author thinks has practical advantage.
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CONFLICT OF LAWS. " De la Deter mination de la Qualite" de Commercant et de see Consequences en Droit International PriveY' by Albenc Rolin, Revue de Droit International Prive (V. iii, p. 495). End of a study into the question of what con stitutes a merchant and the consequences in conflict of laws. This installment takes it up when the question is looked at from the standpoint of jurisdiction. CONFLICT OF LAWS. "De l'Avenir du Droit International Prive-," by F. Despagnet, Revue de Droit International Prive (V. iii, p. 481). Concluding installment of an article on the future development of private inter national law or conflict of law. CONSTITUTIONAL LAW. "The Power of the Supreme Court to Enforce its Decrees," by George C. Lay, American Law Review (V. xli, p. 515). Several times in our his tory the Supreme Court has made decrees which it has found it impossible to execute. Mr. Lay offers the following solution in the not impossible case of a State, defeated in a controversy with another State, declining to pay a judgment: "In our view, there is irresistible force in the position that the States by the adoption of the Constitution clothed the Supreme Court with jurisdiction over controversies between the States, including those over title to property and public obligations, and thereby surrendered so much of their sover eignty as might otherwise obstruct the court in the enforcement of its decrees and man dates. Therefore, when it is said that the sovereignty of the States stands in the way of the collection of a public debt of the State, because neither the Supreme court nor the executive has the power to interfere with or control the administration of her financial affairs, the answer is that the State surren dered her sovereignty in this respect by con ferring jurisdiction upon the Supreme Court to determine interstate controversies. "The question of State sovereignty being disposed of, it remains to find a remedy for embarrassing conditions. If the power to enforce its own decrees does not rest in the Supreme Court, Congress is given authority by the Constitution to ' make all laws which shall be neces sary and proper for carrying into exe cution the powers of Congress and all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.'
