EDITORIAL DEPARTMENT
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The Act of Congress of March 2, 1907, provided that " any American woman who marries a foreigner shall take the nationality P- 247)JURISPRUDENCE. A review of " Sir A. of her husband." This law Mr. Bartlett F. S. Maasdorp's Institutes of Cape Law," by declares unconstitutional for the Supreme R. W. Lee is contributed to the Journal of Court has held that the power of naturaliza the Society of Comparative Legislation (V. tion vested in Congress by the Constitution is viii, n. s., p. 239). a power to confer citizenship, not a power to JURISPRUDENCE. " Roman Law and take it away. Change of allegiance is a personal Mohammedan Jurisprudence, Part III," by right and whether it is exercised or not is a Theodore P. Ion, Michigan Law Review (V. fact to be determined by the acts of the vi, p. 371). The two earlier parts of this person. Mere marriage with a foreigner is article reviewed the historical connection not an exercise of that right and Congress is between the Roman and the Mohammedan powerless to make it so. A decision to that laws and the social conditions of the respective effect is confidently predicted if the question peoples; the third part, beginning with " an ever comes before our highest tribunal. explanation of jurisprudence in both systems PRACTICE. " Guardian ad Litem," by and an attempt to show the likeness of their Surendra Nath Ray, Allahabad Law Journal respective jurisconsults," then compares the (V. v, p. 39). law proper, showing the connection and in PROCEDURE. " The Code of Civil Pro some parts the identity — at least in con cedure in India " Anonymous, Journal of tracts — of both legal systems. the Society of Comparative Legislation (V. viii, LEGAL PROFESSION. " The Bar in the n. s. p. 235). United States," by Edward S. Cox-Sinclair, PROPERTY. " Some observations on the Laiv Magazine and Review (V. xxxiii, p. 164). rights of Landowners in Subterranean Perco History, characteristics and tendencies of the lating Water," by Sumner Kenner, Genital bar of the United States, with comparisons Law Journal (V. 66, p. 194). with that of other countries. PROPERTY. " Some Recent Criticisms on MARRIAGE (Effect on Woman's Nation Real Property Statutes," by G. S. Holmstead, ality). " Woman's Expatriation by Mar Canada Law Journal (V. xliv, p. 136). riage," by C. A. Hereshoff Bartlett, Law TORTS. In the March Illinois Law Magazine and Review (V. xxxiii, p. 150). legislation as to the change of a woman's Review (V. ii, p. 487), John H. Wigmore nationality by marriage is almost universal. gives a striking criticism of a recent Illinois This article states the statutes of many decision entitled " Contributory Negligence of the Beneficiary as a Bar to an Adminis countries on this question. "It is admitted that by the law of England trator's Action for Death." The- author and the United States an alien woman on her condemns, as over technical the attitude of marriage with a subject or citizen merges her most courts that they cannot investigate nationality in that of her husband. But the the question who will ultimately benefit converse has not heretofore been established by the recovery and make his contributory as the law of theUnited States, and it was not negligence a bar. In contrast he emphasizes until the Naturalization Act of 1870 that an English woman lost her quality as a British the importance of an Ohio case where the subject and was deemed to be a subject of the court instructed the jury to make such a State of which her husband is for the time determination. being a subject. The United States has until "This opinion merits the reverence of the this year been one of the few countries where the nationality of a native-born woman is not profession for its presage of a coming Spirit on marriage merged in that of her husband. of Law superior to the now dominant one. By the exceptional law of the United States, ' Justice," said Justinian, in that famous until the recent Act of Congress, a native opening sentence of the Institutes, ' is the woman marrying a foreigner remained a constant and never-failing will to award to subject of her State, though an alien woman each man his due.' It is the adaptivcness • marrying an American citizen became herself of justice that we need to cultivate. If we naturalized." German Civil Code," in the Journal of the Society of Comparative Legislation (V. viii,
