Review of Periodicals
JURISPRUDENCE takes the lead in the current magazines in the number of articles and perhaps in importance, although there are so many other valu able papers noticed that the distinction may not be concurred in. Under the heads of bankruptcy, conflict of laws, constitutional and oiminal law, evi dence and suretyship readers will find articles that well deserve especial atten tion. Admiralty. "Maritime Salvage and Chartered Freight," by M. A. Rundell. Law Quarterly Review (vol. xxiv, p. 385) . In the April number of the same journal Mr. Birch Sharpe stated and discussed the following proposition: "When a ship under charter proceeding in ballast to an outward port, there to load and bring back a specified cargo, is rescued from danger under circumstances which entitle her rescuer to rank as a salvor in the courts of this country, can the salvor make good a claim for remuneration in respect of the freight then in course of being earned under the charter-party?" Mr. Sharpe's conclusion was that chartered freight under such circumstances is not a subject of maritime salvage. Mr. Rundell's analysis leads him to the contrary view. Bankruptcy (Partnership). "Some New Aspects of Partnership Bankruptcy under the Act of 1898," by Charles M. Hough. Columbia Law Review (vol. viii, p. 599). Arguing for the full acceptance of the doc trine of "partnership entity," declared to have arisen out of the blunt words "a partner ship may be declared a bankrupt." This doctrine would make a partnership insolvent when the aggregate of the joint property is not sufficient to pay the joint debts. "A partnership being now a person for bankruptcy purposes,—if some of the inci dents of adjudication are inappropriate to
such artificial personality the same condition has long existed as to corporations; it is also true that one object of bankruptcy proceed ings is to relieve debtors, but it is quite as much an object to secure equitable distribu tion of assets, and the latter procedure is first in order of time. Partners who wish release from liability have an open path be fore them, but creditors who wish dividends and desire to prevent preferences must act quickly and should not be hampered by nice questions of possible solvency of possible partners. The legislature builded better than it knew, and the duty of the courts is to take the statutory words at their full value and not prevent relief by adherence to old defini tions that do not square with the result promised by the act." Biography. "A Great Judicial Char acter— Roger Brooke Taney," by Charles Noble Gregory. Yale Law Journal (vol. xviii, p. 10). Constitutional Law (Judicial Power). "The Extent of the Judicial Power of the United States," by Simeon E. Bald win. Yale Law Journal (vol. xviii, p. 1). Arguing that the judicial power of the United States is limited to the cases enumer ated in the Constitution, contrary to some observations of Mr. Justice Brewer in the recent case of Kansas v. Colorado, 206 U. S. 46. These observations, Judge Baldwin says, were merely dicta. Charitable Bequests (Scotland). "Charitable Bequests," by A. C. Black. Juridical Review (vol. xx, p. 227). Discussion of the Scotch cases interpreting the title. Consideration (England). "Considera tion Under the Finance Act, 1894," by P. J. Hamilton-Grierson. Juridical Re view (vol. xx, p. 203). From the terms of the English Finance Act, 1894, it is clear it was the intention of the legislature to treat transactions of gift as
