Review of Periodicals Swiss Civil Code. See Codification. Tariff. "Tariff Revision: From the Manu facturer's Standpoint." By Dr. A. R. Farquhar and H. E. Miles. "From the Importer's Standpoint." By Francis E. Hamilton. "From the Consumer's Standpoint." By Jesse E. Orton. "A Permanent Tariff Bureau." By Seymour C. Loomis. Popular Science Monthly, May. "Canada and the Payne Bill." By Edward Porritt. 189 North American Review 688 (May). "Since 1898, as the result of the new Crown-lands policy then adopted by the Ontario Government, numerous sawmills owned by Americans have been established in the lumber regions of the province in order that American holders of timber limits might comply with the only terms on which logs can now be cut on Crown lands in Ontario. Lumber so cut when imported into the United States has, of course, paid the high duties of the Dingley Act. The amended clause in the Payne Bill is intended to eliminate these con ditions in the timber contracts for Crown lands in Ontario." British Empire. "The Economics of Em pire." Edinburgh Review, No. 428, p. 389 (Apr.). "Protection for home industries is in fact incompatible with the conception of strengthen ing the Empire by the encouragement of interImperial trade. Thus by relying upon the Protectionists to assist him in his Imperial campaign Mr. Chamberlain cut away the whole economic and moral basisof his scheme." Taxation (State). "Some Aspects of Na tional Bank Taxation." By Albert S. Bolles. 57 Univ. of Pa. Law Review 505 (May). "The remedies to be pursued to prevent the collection of taxes improperly assessed, or, if paid, to obtain their recovery, during recent years have not been matters of much legal contention. The law provides effective re lief; the states, too, are learning the lesson of the greatness of the risk incurred by changing their tax laws after their legality has been determined by adequate judicial inquiry. Nevertheless, some changes in the laws are wrought by industrious legislative tinkers almost annually, and thus fresh questions are ever arising to please the lawyer, to interest or distract the judge, and to raise or destroy the hope of the unwilling taxpayer." Torts (Malice). "Motive as an Element in Torts in the Common and in the Civil Law." By F. P. Walton. 22 Harvard Law Review 501 (May). "There is a growing body of authority in the French law in favor of the proposition that legal rights are not absolute. The maxims nullus videtur dolo facere qui jure suo utitur, and feci sed jure feet are no longer re
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garded with the same respect as formerly. . . . According to the expression which has now come into general use in the French law, the malicious or abnormal use of a right is a ground of damages and is spoken of as an abuse of the right. . . . "There are dicta of eminent judges in Eng land which seem to lay down as a general principle that the legality of an act is by English law to be considered as not depend ing upon the motive with which it was done. It was said by Parke, B., 'an act which does not amount to a legal injury cannot be action able because it is done with a bad intent.' [Stevenson v. Newnham (1853), 13 C.B. 285]. "There may be classes of cases in which from considerations of public policy the English law will not permit any inquiry into motives. The absolute rights of the landowner, the right of bringing a civil suit and the cases in the law of libel in which there exists an abso lute privilege, such as that enjoyed by a legis lator or a judge, are familiar examples. . . . "Instead of saying that malice will not make a lawful act unlawful, is it not truer to say that wilful damage done to another is actionable unless there is some just cause or excuse for it?" Trusts. "Purchase of Trust Property by Trustee." 17 Bench and Bar 1 (Apr.). An editorial on the decision in the New York case of La Forge v. Latourette, 129 App. Div. 447. The language of the prevailing opinion "certainly merits the criticism of Mr. Justice Gaynor in his concurring memorandum that, by putting the decision on the ground that the trustee purchased in his individual and not in his trust capacity, a precedent would be established which would enable trustees ... to evade the rule of law that a purchase of trust property by the trustee is voidable at the election of the beneficiary." Turkish Constitution. See Government. Universities. "The Law of the Universi ties—VIII, Privilege." By James Williams, D.C.L., LL.D. 34 Law Magazine and Re view 277 (May). "The privileges of English universities have been continually recognized by charters and by Parliament, and are still jealously guarded by the university authorities. Delegates of privileges are annually appointed at Oxford. The privileges are based partly on immemorial usage, partly on charters and statutes con firmatory of rights existing by papal bull or usage, partly on statutes conferring new privileges." Wills. "Legacies Chargeable on Land." By Hervey J. Drake. 17 Bench and Bar 13 (Apr.). Discussing a topic of New York law. All cases fall into one of these two classes:— "Class A. Where, at the time of executing his will, the testator did not possess sufficient personalty to pay the legacies thereby created. "Class B. Where, at the time the testator
