Index to Periodicals Anglo-American difference. ‘no matter what it involves, whether honor, territo, or money’ (we quote the equally ‘epoch-making’ utterance of Mr. Taft), it will be found to be an exceedingly modest document, enabling a two-thirds major ity of the Senate, if so disposed, to submit any specific dispute between the two countries to arbitration——-a course the Senate could take tomorrow without any Arbitration Treaty, pro vided the President were willing. Never has such a ridiculous mouse emerged from such an enormous mountain." See Armaments, International Law of War.
International Law of War. “Intervention in Theory and in Practice." By Charles C. Hyde. 6 Illinois Law Review 1 (May). "From the conduct of the United States illus trated in the foregoing cases it is believed that the following conclusions may be drawn: —— "Apart from considerations of policy appli cable to a particular case, the United States may be expected to assert a right of intervention — “(a) Whenever it believes its own safety to be
endangered by the conduct of a foreign state manifested (l) in aggressive measures of hostile design, or (2) in the failure to control its own
population, or (3) in the consent to such use of its own territory by a third state as may directly weaken the relative security of position of the United States; “(b) Whenever within the territory of a foreign state there continue to exist conditions of dis order persistently and irreparably injurious to American life and property therein, and which the territorial sovereign lacks the power or dis position to abate; "(c) Whenever a foreign state wrongfully interferes with the political independence of a third state, in the welfare of which the United
States, by treaty or otherwise, may have a spe cial interest." "The Regulation of War."
By James L_
Tyron. 20 Yale Law Journal 535 (May).
The Second Hague Conference "required that hereafter there must be a declaration of war
361
Insurance. "The History of the Develop ment of the Warranty in Insurance Law." By Dean William R. Vance, Yale Law School. 20 Yale Law Journal 523 (May). "It is a cause for gratification that the total abolition of the warranty, which never had good reason for existence and now has none at all, will tend to enable the courts to apply to insur ance policies the same rules of construction that determine the meaning of other contracts." "The incontestable Life Insurance Policy May it Ever be Contested?" By Thomas Benjamin Gay. 1? Virginia Law Register 1
(May) “The Massachusetts Legislature has in terms required all policies sold in that state to provide for after two enactment years, thustolend ing incontestabilit the wei ht ofy statutory the long line 0 cases previously cited sustaining the exclusion of fraud as a defense to policies made incontestable a specified time after date, and arraying itself a inst the reasoning of the Fox case [Insurance 0. v. Fox. 106 Tenn. 347]. “The express holding of the Court [in N. Y. Life Ins. Co. v. Hardison, 199 Mass: 190] that the provision proposed by the New York Life Ins. Co., making it incontestable from date, is void for reasons of public policyI in every way confirms the judicial interpretation of that clause in the Reagan case [Reagan v. Union Mutual Life Ins. Co., 189 Mass. 555]. "In conclusion it may be said generally that death, the risk in life insurance, the event upon
which the insurance money is payable, is cer tain of occurrence; the uncertainty of the time of the occurrence is the material element and consideration of the contract. Can it be in the contemplation of the parties that the assured, by his own fraudulent representations as to his state of health, shall deprive the contract of its material element, shall vary and enlarge the risk and hasten the day of reckoning?" Interstate Commerce. “The Commerce Court — Its Origin, Its Power and Its Judges." By J. Newton Baker. 20 Yale Law Journal 555
(May)
with reasons, or that a conditional ultimatum
to be complied with on pain of war, be issued before hostilities are be un. That the require ment for declarations 0 war is in part a peace measure is suggested by the thought that if a declaration be made in advance it may bring to his senses the belligerent that is notified of what may happen, and on the other hand, that it may ive the notifying power a chance to cool off. eantime, if the friends of peace become active in their cause, they ma secure peace by mediation or by reference 0 the question at issue to a Commission of Inquiry and so prevent war altogether. The measure is. therefore, not onl in the interests of fair play, but of peace, an the opportunity afforded for agitation in case of threatened war justifies in some degree the making of rules for a brutal system that it is hateful to recognize but which must be recog nized if its regulation is attempted." See Asylum, Maritime Law.
See Federal and State Powers, Railway Rates. Juries. Special Jury Number. 17 Case and Comment 589-606 (May). Containin articles by John M. Steele, on "The Jury ommissioner System"; Robert A. Edgar, "Proposed Reforms of the In System"; Sam. M. Wolfe, "A Defense of the
ury"; and
Joseph T. Winslow, "Knowledge of Facts of Cause as Affecting Competency of Juror." "Practice with Respect to Directing Ver dicts." By Winifred Sullivan. 25 Bench and Bar 19 (Apr.).
Treated with reference to New York law. Juvenile Delinquency. “The Contributory Dependency Law of Iowa." By Henry E. C’ Ditzen. 2 Journal of Criminal Law and Crimi nology 72 (May).
