as a misnomer by the late Professor Dicey, by Dr. Holland and other 'jurists of repute.' Indeed up to the present no one has discovered a satisfactory title in English for the body of law in question. Dicey sums up the wisdom of the matter when he says that we should not be tied down to any set form of words, and that the "admittedly inaccurate terms,. conflict of laws, or private international law," may either of them be used when convenient. Clearly, then, so long as we remember that we are dealing with the rules followed by the domestic courts in applying foreign law, when occasion arises, to the decision of cases before them, we need not concern ourselves with niceties of nomenclature.

While the late Mr. Foote's work from its inception has never reached the place in the estimation of the profession occupied by Professor Dicey's familiar treatise, there is no doubt that the present edition by Dr. Bellot makes a strong appeal for consideration by the brief-maker because of its many improvements on the earlier editions. Take one instance, Dr. Bellot has omitted the summaries which formerly appeared at the end of the work-they were of little or no assistance to the practitioner; and while they undoubtedly did serve a useful purpose to the student the latter may now have the benefit of the Analysis of the book which the editor publishes in a small companion volume.

When we point out that Mr. Foote's lengthy observations on the lack of international private law in the legal systems of Greece and Rome have, in view of their inaccuracy as established by more recent research, been dropped from the book, the owners of earlier editions will recognize that it is time to scrap them. Canadian practitioners will find Chapter I. (on Nationality) of service to them; and in Chapter VIII. (on Contracts) an instructive survey is made of the recent case-law touching the bearing of domicil as an element of capacity in the contract of marriage.

Dr. Bellot's Analysis of Mr. Foote's work supplies for the student a most useful introduction to the study of international private law. He will there learn that an international law of sorts is as old as civilisation, -which after all ought not to surprise him. C.M.

An Analytical Digest of Cases Decided in the Supreme Courts of Scotland and on Appeal in the House of Lords, 1868 to 1922. Prepared for the Faculty of Advocates by Members of the Bar. Edinburgh and Glasgow: William Hodge & Company, Limited, 1924-1925.

The five volumes of what is popularly known as "The Faculty Digest" is an indispensable work to those who have occasion to resort to Scots Law. Scotland, in adapting the Roman law to her requirements, modified its principles of necessity and perhaps to a greater extent than other countries possessing that system of law. However there is so much of the old deposit of doctrine functioning there that the reports of the courts well repay examination on any moot point in modern Civil Law. In addition to this consideration of value the practitioner will find many points of contact between Scots Law and the Common Law, and on this head little need be said to demonstrate the general utility of the work

to the profession at large. In every volume of the set interesting points of doctrine are to be found having a more or less intimate relation to Common Law principles. In Volume I., column 44, we learn that it is a contempt of court for a juryman to enter the box in a state of inebriety: Wilson v. John Angus & Sons, (1921) 2 S.L.J. 139. One is tempted to ask if this is the augury of prohibition in Scotland? Volume II. contains many decisions of importance in the fields of Evidence and the Domestic Relations. Volumes III., IV. and V. deal, inter alia, with Negligence, Shipping and Workmen's Compensation, all of them subjects of moment to lawyers the world over.

C. M.

Parliamentary Divorce Practice in Canada. By F. D. Hogg. Canada Law Book Company, Limited. Price $5.00.

This treatise on the practice of Parliamentary Divorce in Canada cannot fail to prove useful to members of the profession engaged in this branch of work. It should be particularly welcome to members of the profession outside of Ottawa, containing as it does, the complete rules of the Senate and also all the forms necessary for use in a divorce application, with full notes thereon.

An introductory chapter outlines briefly the laws of the Dominion and Provinces in relation to divorce. This is followed by an illuminating chapter on the law of Domicile and an extremely valuable chapter on Practice which sets out regulations and details with great particularity. Of use, also, will be found the chapter on "The hearing and inquiry before the Committee on Divorce of the Senate."

The grounds upon which a parliamentary divorce can be obtained are set out fully and lucidly and these grounds are illustrated by the citation of actual cases which have been before the Committee. There is also a short chapter on the proceedings in Parliament after the hearing describing the usual routine procedure in the House of Commons and in the Private Bills Committee of the House.

The book contains the complete rules of the Senate in relation to Divorce Practice, fully indexed, as are also, the forms. In addition is set out a table of cases with page reference. An excellent index to the whole work makes its contents readily accessible. A. S. B.

The Philosophy of Law. By Roland R. Foulke, Philadelphia: The John C. Winston Co.

1925.

The publisher's jacket avers that this little work of 102 pages constitutes "A short plain statement of the Essential Nature of Law." Now that is a consummation devoutly to be wished for every author who deals with the first principles of the law. We are sorry Mr. Foulke has not achieved what his publisher claims for him. His book does not add anything to what has been said by the great masters of the subject.

C. M.

CURRENT EVENTS.

AMERICAN SYSTEM OF GOVERNMENT.-In paying homage to the nation's dead at Arlington on the 30th May last, President Coolidge recalled the issues and the deeds that made heroes of those buried there and admonished the living of the trends in society and in government-of the lack of respect for law, and the over-centralization of Federal Government—the breaking down of the solidarity of the American system which rests fundamentally on strong State government.

With the theme that government in a democracy is fundamentally a local matter, after having given full meed to the upholders of law and defenders of the Constitution in crises in our history, the President, with much earnestness and deep conviction, surveyed the present day evils, social and governmental.

According to the newspapers those who listened to the President recognized that in no previous utterance had he shown himself so earnest. It was a distinct message for Memorial Day and an inspiration for the future to reform evils that have grown up in the dual system of government.

SHALL A MINISTER WRITE?-The following item appeared in the July number of the "Empire Review ":" At the instance of a Socialist, the only non-capitalist of the Cabinet has been prevented from earning a living by his pen. Every other Cabinet Minister but Lord Birkenhead has private means of his own; and most of them must do, at least, an hour's work daily on the average, either minding their estates or keeping an eye upon their business. They could probably not be Ministers without this accessory revenue, as under modern conditions all a Cabinet Minister's income may go in taxation and social entertainment. Yet Lord Birkenhead, under a recent ruling, is to be debarred from spending probably less than an hour a day making enough to live upon when his only capital is his brain, which must perish with him. It is another instance of mediocrity's intolerance of genius and the revenge taken by fools upon intellect. But the matter cannot halt there. Ministers' salaries will have to be raised to a sum sufficient for their own needs and that of their office; and some adjustment is necessary to enable a public man to reach his audience. As it is, a Cabinet Minister may go to his constituency out of election time, and speak to an almost empty room and be barely reported in a local paper. His one chance of getting across the footlights to millions of voters may be through the medium of a popular national journal. Is it wise to deny him his opportunity? As it is, readers of many journals are fed upon such tawdry trivialities that a change cannot fail to be salutary; and only by an article specially written for them by a Minister can they perhaps be got to take a part in the nation's affairs at all. There are Ministers who would be paid £10,000 a year to write for them; there are others who would be paid nearly as much not to. But

give them the chance. Authorship is too rare an art not to be worthy of its hire."

The same number contained one of Lord Birkenhead's brilliant biographical sketches of the English judiciary, which had been running in that magazine for over a year. It is now announced that these sketches, as well as some still unpublished ones, will shortly appear in book form. The last mentioned sketch is of Lord Westbury, who died on July 20th, 1873. Some of the older members of the Bar will remember an epitaph of this eminent Judge, which was suggested by a legal wit, apropos of his judgment in the famous "Essays and Reviews" controversy, which is reported in 2 Moore, N. S. 375, sub nom. Williams v. Bishop of Salisbury. Lord Birkenhead quotes a few lines of this "epitaph," but it is worth being reproduced in full:

"Richard Baron Westbury,

Lord High Chancellor of England.

He was an eminent Christian,

An energetic and successful Statesman,
And a still more eminent and successful Judge.
During his three years tenure of office,
He abolished.

The time-honoured institution of the Insolvent's
Court, the ancient mode of conveying land,

And

The eternity of Punishment.

Towards the close of his earthly career,
In the Judicial Committee of the Privy Council,
He dismissed Hell with costs,

And took away from the orthodox members of the
Church of England,

Their last hope of everlasting damnation."

M. J. G.

JURY DUTY WORTH WHILE.-We are informed by the daily press that Montreal's problems with respect to accommodating jurymen are on the road to solution. To make jury duty not only comfortable, but comparatively attractive, the quarters laid out in the new court house, which will be finished this fall, provide for palatial accommodations for jurymen, running on individual private rooms and baths, dining room and a billiard room and lounge. The daily stipend for jurymen has also been increased to five dollars a day. All of which prompts our muse to sing:

When the Montreal lawyer finds business grow poor he
May abandon the Bar and serve on the Jury.

THE SECURITY PACT.-A complete accord on all the main points of a Security Pact was reached in the course of conversations at Geneva on September 2nd between M. Briand, the French foreign minister; Austin

Chamberlain, British secretary for foreign affairs, and M. Van Dervelde, Belgian foreign minister. M. Vandervelde went so far as to say to the press there was nothing left but the regulation of details so far as Paris, Brussels and London were concerned. The three allied statesmen are awaiting the report of the committee of jurists now sitting at London, before finally drawing up the basic principles of their attitude toward Germany.