Page:The Green Bag (1889–1914), Volume 21.pdf/660

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Review of Periodicals Jlrticles on Topics of Legal Science and Related Subjects Accord and Satisfaction. "Acceptance of Check for Less Than Debt: Discussion of Question as to Whether or Not Action will Lie for the Balance Due." By Horace A. Reeve. 7 Law and Commerce 297 (Oct.). "If . . . there is a real dispute between the parties as to the amount due from the debtor to his creditor, the former may tender money, a check or any other property to the creditor on the express condition that if re ceived by creditor it is to be in full payment, accord and satisfaction. ... In such case, both parties understanding the terms upon which the tender is made, if the creditor accepts the tender, the law implies an acceptance also by him of the terms under which the tender is made and that there has been an 'accord and satisfaction' between the parties." Armaments. "England and Germany— Peace or War?" By Dr. Gerhardt von Schulze-Gaevernitz, Pro-rector of the Uni versity of Freiburg. American Review of Reviews, v. 40, p. 602 (Nov.). "Between equals the question of disarma ment at sea could be seriously discussed, disarmament for us possible only on the basis of a balance of power between the great nations. England, the United States, Ger many, Japan, France, and possibly ultimately also Russia and China, will represent in the twentieth century the single nations that would form such a system of maritime balance of power. The age of dominance at sea by any single nation is approaching its end, to the advantage above all of the United States, for the Monroe Doctrine was never safe from attack under the dominance of a single state." "Peace or War—.I." By Lord Courtney of Penwith. Contemporary Review, v. 96, p. 385 (Oct.). "The citizens of the United States are not always thinking about Canada, but I believe the unrevealed thought of almost every one of them is that Canada will in the fullness of time be joined on to the United States and become one with them. ... I do not myself accept this dream with acquiescence, much less with satisfaction, and again still less with desire. The political organization of Canada is, in my judgment, better than that of the United States, and it possesses a flexibility ♦Periodicals issued later than the first day of the month in which this issue of the Green Bag went to press are not ordinarily covered in this department.

and a power of self-adjustment which the citizens of the Republic might well envy. . . . "Mr. Root well observed a few months since that diplomatists and statesmen are powerless unless backed up by the great body of the people who stand behind them, and he deplored the inconsiderateness and thought less unwillingness to make concessions too often characterizing popular opinion. Be it his care, on one side, and that of Canadian statesmen, on the other, to strengthen and develop a more sober and sustained temper of mutual friendship." See European Politics. Attorney-General. See Interstate Com merce, Legal History. Bailments. See Contract. Capital Punishment. "Capital Punish ment." By Ben G. Kendall. 43 American Law Review 667 (Sept.-Oct.). "Capital punishment necessarily excludes the reformatory object. It excludes also the punitory theory, for the ancient rule of a life for a life as just, per se, is entirely obsolete in nations of advancement. It is therefore dependent solely for its legitimate infliction upon the prohibitory principle. "Whatever is necessary to be done, or most expedient to be done, in the preserva tion of the political organization, may be done. This right is subject to one limitation only, namely, that unnatural or brutal penal ties may not be levied. ... If the right in society to preserve itself is admitted, the right to inflict whatever penalties that are deemed necessary to accomplish this preser vation inevitably follows. . . . The abate ment of the death penalty would leave no substitute as a punishment for the crimes to which it is incident, at all adequate to their gravity." See Evidence. Casablanca Case. The documents of this case, including the decision rendered by the Permanent Hague Court of Arbitration May 22, 1909, are printed in 36 Journal de Droit International PrivS, pp. 1246-1255. Codification (Great Britain). "The Codifi cation of the Law of Trusts." By Walter Gray Hart, LL.D. 44 London Law Journal 585 (Oct. 2). "A distinguished judge of the Chancery Division wrote : ' I strongly deprecate any such attempt as the present to codify the law of trusts. I fail to see any necessity for it, and I believe that the result of an act of that nature would seriously hamper the adminis tration of justice.' With the greatest possible respect to so eminent an authority it may be