Page:The Green Bag (1889–1914), Volume 25.pdf/213

This page needs to be proofread.


The Green Bag

bids discrimination in the use of a public canal, in the absence of treaty stipulations, yet such ought to be the law and there are indications that it will be. It is difficult to conceive of the principle clearly asserted in the Suez Canal and Hay-Pauncefote treaties being repudiated by any nation hereafter in opening a new inter-oceanic canal. It seems a fair rule of construction that a treaty between the United States and England may be interpreted in the light of the domestic law of those two countries, and in considering the general obligations of all nations with reference to their internal law, it is even possible that an analogous principle of the duty to avoid discrimination might be deduced as a rule of international justice on which it would take little to confer legal as well as moral sanction.

Lincoln's Inn in 1857, he acquired a large practice but displayed at first no remarkable qualities, and did not be come a leader till 1880. He was not an orator either in court or in Parliament, and his reputation as a leader was won solely through his solid attainments as a lawyer. He declined the Home Secretaryship and other offers, but in 1887 had the unsolicited and unique honor of promotion straightway from the bar to a Lordship of Appeal. The remarkable series of judgments which followed showed not only a judicial mind of the rarest order but a literary ability equaled by none of his contemoraries except Lord Bowen. He con tinued to perform his judicial duties till recently without any noticeable impair ment of intellectual vigor, and died at the ripe age of eighty-three.



THE demise of one of the most emi nent and ablest British judges cannot pass unnoticed by the Green Bag. Lord Macnaghten, who died Feb. 17 at his London residence, was aptly characterized by the Lord Chan cellor as "a great judge, with a passionate desire to do justice." His decisions were among the most learned of the House of Lords, and for the past quarter of a century his name was linked with the best work of that august tribunal. He came of a legal stock, his grandfather having been a judge in India, and his uncle author of a series of Chancery reports. He was the offshoot of an old Scottish family settled in Ulster, and was educated at Queen's College, Bel fast, and Trinity College, Cambridge, his achievements in scholarship leading to his election as Fellow of Trinity and his prowess as an oarsman being also considerable. Called to the bar at

EDWARD Mylius, the English journalist who was convicted of libeling the King and served a short term of imprisonment, arrived in New York harbor last December in the steer age of the steamer La Provence. He was refused admission at Ellis Island on the ground that he was a convicted criminal. The Political Refuge Defense League and the Free Speech League came to his aid, and argued before the Board of Special Inquiry that he was a political offender only and as such could not be deported. The case came before Secretary Nagel, who decided that a law which excludes anarchists and per sons who advocate the overthrow of government certainly could not permit the entrance of the author of a false charge of bigamy on the ground that the offense was merely political. A writ of habeas corpus was then obtained by those who had exerted themselves on