630
THE GREEN BAG
wise, injunctions issue only where the con troversy concerns property, or property rights, including, of course, contract rights; and not always then. For some property and some property rights receive in the courts of law what is deemed adequate protection. Where such protection is afforded, equity does not interfere, except in the few instances where it is necessary to preserve the status quo, and the court in which the legal contest is pend ing, for some reason, cannot give the needed protection. "Where the assistance of equity is invoked there may indeed be a question whether the subject-matter of the controversy is a prop erty right or a contract right requiring equi table protection. Thus, there may be a question whether a man has a property right in his own features. If it be held that he has not the Court will not enjoin. If it be held that he has then the Court will. But this and similar questions are not really questions of injunction but of substantive right. If the right be established, the injunction goes as a matter of course and upon the principle upon which it issues in other cases." INTERNATIONAL LAW. "The Revoca tion of Treaty Privileges to Alien-Subjects," by Mr. Justice Hodgins, Canada Law Journal (V. xliv, p. 633). INTERNATIONAL LAW (Applied to the RussoJapanese War, with the decisions of the Japanese Prize Courts), by Sakuyd Takahashi, New York, 1908, The Banks Law Publishing Company, pp. 18, 805. Mr. Takahashi has for his task unusual quali fications. He has knowledge of International Law, both in its academic and its practical aspects, being Professor of International Law in the Imperial University of Tokyo, VicePresident of the International Law Associa tion, London, Legal Adviser to the Japanese Fleet during the Chino-Japanese war; member of the Legal Committee in the Imperial Jap anese Department for Foreign Affairs during the Russo-Japanese war; and the Author of the " Cases on International Law " during the Chino-Japanese war. The work is divided into five parts: Part I, The Outbreak of War, and Its Effects; Part II, Laws and Customs of Land Warfare; Part
III, Laws of Naval Warfare; Part IV, Neutral ity; and Part V, New Cases on Prize Law Added by the Decisions of the Japanese Prize Courts. Probably no single event has had so much influence in modifying, elaborating, restating, and establishing rules of International Law as the Russo-Japanese war. The use of wireless telegraphy, the presence of war correspondents and war correspondents' ships, the increased steaming radius of war vessels, and the increased power of naval ordnance all produced new questions which had to be dealt with. It is safe to say that no question that became of international consequence has been passed over by Mr. Ta kahashi. He was in a position to get note of every instance, and he has collected all of them in his book. But Mr. Takahashi 's dose identification with the Imperial Japanese De partment for Foreign Affairs, though of value to him in enabling him to get first-hand infor mation and to give authoritative opinions, is also a source of weakness to him as an author. The war is still too recent, and feelings are still too easily stirred for one closely connected with the events which he records to treat them dispassionately. Recrimations were in dulged in reciprocally by Japanese and by Russians, and Mr. Takahashi devotes much effort to justifying as an advocate Japan's acts on all controverted points of International Law and ethics. It is only proper to say that in a majority of cases he shows strong ground for his position, and fairly proves his case; but his earnestness shows the deep feeling that has been roused by Russian charges and prevents the charges from being met in a calmly judicial spirit . On the other hand, we are given the opinion of one who was himself an adviser in the matters which he records, and that is almost invalu able, — in any event for future use. Part V, containing the Decisions of the Japan ese Prize Courts, is in effect a " volume of reports," which alone makes the volume indis pensable to the student or practitioner of Inter national Law in war time, for the decisions of thtJapanese Prize Courts are of great importance in the development of Prize Law, and they are well arranged and presented in this part of the book. The cases deal with Enemy Vessels, Contra
