EDITORIAL HEPARTMENT ables him to apply his knowledge. " No place in life," he says, " calls for a more fre quent manifestation of that uncommon pos session, common sense." By way of illustra tion the author then gives a few examples of good and bad cross-examination. In reply to the accusation that commercial ism is destroying the character of the profes sion he says, " While it must be confessed that the spirit of commercialism has touched the profession as it has touched all other kinds of business, yet, there is an active aggressive movement on the part of the members of the Bar to counteract its demoralizing influence and to make the profession an abiding place of men of the highest personal character." In conclusion, Judge Brewer reminds us of our duty to the Republic, not only with refer ence to our own individual conduct, but also the influence of our example resulting from the position of the lawyer, in the commu nity. LEGISLATION. " Review of Legislation, 1905," New York State Educational Dept., Albany, N. Y., 1906. LEGISLATION. " An Index of Compara tive Legislation," by W. F. Dodd, American Political Science Review (V. i, p. 62). MARITIME LAW. " Marine Insurance — The Sue and Labour Clause," by H. Birch Sharpe, Law Quarterly Review (V. xxii, p. 406). An inquiry into the origin, object, and effect of this clause. MARITIME LAW. " The Latest Chapter of the American Law of Prize and Capture," by Charles O. Chauncey Binney reviews the decisions occasioned by the Spanish war. September American Law Register (V. liv, P- 537)MARITIME LAW. (Treaty). In the Sep tember-October American Law Review (V. xl, p. 671), Frederick Cunningham writes of "The Proposed Treaty on Collision," which, as a result of international conferences at Brussels in 1905, is now before our govern ment for executive and legislative action. "If adopted, the treaty on collision will make two important changes in our law. "First. Where both vessels of treaty mak ing powers are at fault the damages will not be equally divided as they are now, but will
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be apportioned between the two vessels in proportion to the gravity of the fault of each vessel. "Second. Where both vessels of treaty making powers are at fault, owners of cargo or personal effects which have been lost or injured, will not have, as they do now, a remedy against the non-carrying vessel for the whole of their loss; that vessel's liability to them will be limited to a part of the loss in proportion to the gravity of her fault; but the cargo owner will have, what under the Harter Act he does not have now, a remedy against the carrying vessel for that proportion of the value of his cargo for which the non-carrying vessel is not liable. He will be reimbursed in full, but will have to proceed against both vessels in fault, instead of against the noncarrying ship alone." Mr. Cunningham argues that the United States should join in the proposed action. MASTER AND SERVANT (see Torts). MILITARY LAW. " Amenability of Mili tary Persons to the Laws of the Land," by Charles E. Smoyer in the November Michigan Law Review (V. 1, p. 12), reviews at length with many citations the rules governing the treatment of military persons in United States, state and military courts, in both civil and criminal matters. The doctrine that the illegal order of a superior, which a soldier is bound to obey, is no defense even if the soldier is ignorant of its illegality and acts in perfect good faith, is severely criticised. MUNICIPAL CORPORATIONS (Home Rule Charters). Minnesota by a recently adopted constitutional amendment and statutes, has done away with the necessity of communities going to the legislature for city charters; each community is given the power to draw up its own. An article by Charles P. Hall in the Michigan Law Review for November (V. 1, p. 6) on " Constitutional and Legislative Limitations of the Home Rule Charter in Minnesota," points out that there is a string attached to the power by the clause in the constitution allowing the legislature to pro vide general laws relating to the affairs of cities applying equally to all cities of given classes, " which shall be paramount while in force to the provisions relating to the same
