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Lord Buckmaster outlined to his hearers some of the cases that had been presented to the Privy Council, and the support they gavę to the world-wide faith in the righteousness of British justice. He paid tribute to the Quebec Bar, and recorded his warm interest in appreciating the antiquity of the legal code that operates in this province. He exalted the functions of the lawyer. No other career, he said, could produce the same emotions that come to the lawyer when he realizes that a man's reputation, a man's fortune or a woman's honour are in his care.

Mr. N. K. Laflamme, K.C., Batonnier-General of the Province, ex: pressed the thanks of the law fraternity:

“In bidding you farewell and wishing you a happy return to Eng. land," he said, “ will you allow us to think that what you admired in this country was not so much its magnitude, the beauties of Banff or the Rockies, the fertile plains of the West, the shores of the Great Lakes and the banks of the St. Lawrence, but what you admired more was a people of different origin, religion, traditions, language, and laws, gradually welding itself into united community by a bond of common loyalty to the Crown, and laying here the foundations upon which we know a future generation will complete the structure of Canadian nationhood, respected by a powerful neighbour, protected by the British flag, and remaining part of the British Commonwealth."

ACADEMIC HoxOURS CONFERRED.-On the 17th of last month the degree of Doctor of Laws was conferred upon the Right Honourable Lord Buckmaster and Maître Fourcade. Batonnier of the Paris Bar, by the University of Toronto.

RETURN TO PRACTICE.-Mr. H. A. Robson, K.C., formerly General Counsel of the Union Bank, Winnipeg, has returned to private practice, joining the Winnipeg firm of Wilson, Robson, Hamilton & Campbell. Mr. Robson was formerly a Judge of the Court of King's Bench for the Province of Manitoba.

DIVORCE Going STRONG.—The English law courts re-opened their doors to judges, counsel, litigants, witnesses, and to hundreds of mere idle lookers-on on October 12. There were 714 divorce cases on the lists for trial, 593 of these being undefended. Only a short time ago the divorce cases averaged 1,000 at a court session. The peak load, however, was during the period immediately following the war, when there were as many as 2,000 divorce cases on for trial. Simple divorce cases now are heard at 20 centres outside of London, and this relieves the London courts considerably.

It appears that the husbands and wives as petitioners or respondents are almost evenly balanced now, although just after the law was altered so as to enable a wife to bring a petition for divorce on the simple plea of her husband's misconduct, without also alleging cruelty on his part, as she had to do not long ago, the divorce petitions by wives largely predominated.


Chambers' Encyclopædia: A Dictionary of Universal Knowledge. Edited

by David Patrick, LL.D., and William Geddie, M.A., B.Sc. Volume VI. London and Edinburgh: W. & R. Chambers, Limited. 1924.

The sixth volume of the new edition of this important work includes the following items of interest to members of the Bench and Bar in Canada; Husband and Wife and International Law, by Sheriff J. M. Irvine, K.C., LL.D.; Jury Law, by Sir Thomas Raleigh, K.C.S.I., D.C.L.; Justice of the Peace, by Sir A. Wood Renton; Justinian, by Professor Henry Goudy, D.C.L.; and League of Nations, by Professor Gilbert Murray and Mr. H. Wilson Harris. Of general interest will be found such articles as:-Hydrodynamics; Knox; Lassalle; Logic; Machiavelli and Magnetism.

In his monograph on International Law Sheriff Irvine says, amongst other things: “It has become evident that the attempt to disarm war of its horrors is an idle dream and a dangerous delusion, and that the aim of International law must lie in the more practical task of removing the causes of war and devising means by which the several peoples may work out their destiny and their future, secure and unafraid. The Covenant of the League of Nations sets forth that the purpose of the League is to promote International co-operation and to achieve International peace and security. The establishment of the League and of the great International organs dependent on it has already brought about results of farreaching importance in International law.”

There are to be ten volumes in this edition of the Encyclopædia, and they will afford knowledge and information of a high character to those who resort to them.

C. M.

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The Christian Outlook: Being the Sermons of an Economist. By Sir

William J. Ashley. Toronto: Longmans, Green & Co., 1925. Price $1.50.

In spite of the atheistical bias given to modern economic thought by Proudhon, Marx and Bakunin, not to mention other continental anarchs, it is satisfying to those who are endowed with the faculty of seeing life steadfastly and seeing it whole to recognize that the science of economics is still disposed to avouch the wisdom of the saying inscribed over the fireplace in the old palace at Enfield of the Dukes of Lancaster: Sola salus servire Deus, sunt caetera fraudes. But Sir William J. Ashley has done more than espouse the view of the better sort of his contemporaries that God really has something to do with that branch of sociology which is known as Economics—he has actually gone into the Christian pulpit and preached the message that the only solution for the economic unrest and revolt now abroad in the world is the practical application of the rule of love and good-will which is the cardinal principle of the Christian dispensation. His book consists of seven sermons preached by him in some of the churches of England and two addresses, one before the Plymouth Church Congress in 1923 and the other before the Birmingham University Christian Union, 1917. On pages 93 and 94 he sums up the argument that permeates both his sermons and his essays. He there says:—“The views I have expressed will, I am afraid, seem disappointing to those who want clearly expressed prescriptions for social maladies. There is no panacea. But may I repeat what I have said about “Love'? What the ‘Love,' which is a Christian duty, does prohibit is the habit of regarding other human beings merely as instruments for our individual purposes. The essentially pagan thing is what Aristotle long ago regarded as the basis of pagan society: the treatment of any other human being as living tools..

Or let us say humbly: we shall know that we are ourselves on the right road when, and so far as, we do in fact care for the best interests of our fellows. That is the first step. It is the only step towards an ideal society that Christianity can teach us. But it is the first step, and that matters most.”

It will be remembered by our readers that Sir William J. Ashley held the position of Professor of Political Economy at Toronto University be tween the years 1888 and 1892: hence his work has an additional interest for Canadians. After leaving Toronto University Sir William became Professor of Economic History at Harvard, and at the present time is Vice-Principal of the University of Birmingham and Professor of Commerce at that Institution,

C. M.

The Permanent Court of International Justice: Its Constitution, Proce.

dure and Work. By Alexander P. Fachiri of the Inner Temple, Barrister-at-Law. Toronto: The Oxford University Press, 1925. Price $4.50, postpaid.

In his Preface the author informs us that the body of the book deals comprehensively with the Court's organization, jurisdiction and procedure, and contains, in addition, an outline of the steps leading up to its creation, an account of each of the cases heard by the Court from its establishment to the time of going to press, and a short chapter on sanctioi and the relation be reen the Court and the League of Nations. He also states that in the Appendix is printed in full the English text of all the operative documents constituting the Court or relating to it, as well as a certain number of drafts and reports drawn up in the course of the preparatory deliberations. This book will receive editorial notice in the November number of the REVIEW.

C. M.

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The Quebec Act: A Study in Statesmanship. By R. Coupland, Fellow of

All Souls College, Beit Professor of Colonial History in the University of Oxford. Toronto: The Oxford University Press, 1925

This strikes us as a book of real importance on a subject of perennial interest to the Bar of Canada, namely, the constitutional development of Canada as reflected in the political history of the Province of Quebec. An illuminating survey of the British policy towards French-Canadians during the twelve years intervening between the date of the cession to Great Britain of the Province of Quebec and the date of the American Revolution is presented in this work. The book is very thoroughly documented. It will be further noticed in the REVIEW.

C. M.



Vol. III.


No. 9.


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It is just 150 years since the genius and imagination of a great Irishman discerned and expressed the ideal that has given strength and unity to the British Commonwealth of Nations. In his great speech on Conciliation with America, Burke laid down the principle which more than half a century later was to form the basis of Lord Durham's report. “My idea, therefore,” he said, “without considering whether we yield as matter of right or grant as matter of favour, is to admit the people of our colonies into an interest in the Constitution.

For all service. my trust is her (America's) interest in the British Constitution. My hold of the Colonies is the close affection which grows from common names, from kindred blood, from similar privileges and equal protection. These are ties which, though light as air, are as strong as links of iron.

Deny them this participation of freedom and you break that sole bond which originally made and must still preserve the unity of the Empire.”

If the motion with which Burke concluded his speech had been carried instead of defeated by an overwhelming majority, history would have had a very different story to tell of the relations between the two great English-speaking Commonwealths during the past century and a half. It may well be that separation would have come, but under peaceful auspices, with good will and cordial understanding, unattended by bitterness and prejudices difficult to eradicate.

In 1848 it was a very simple procedure to open the door of selfgovernment to the Canadian people. No statute, no order in council, no formal despatch was necessary. The key was the selection of ministers enjoying the confidence of the elective branch of the legislature. When Lord Elgin used that key not even his imagination foresaw that he opened a door through which seventy years later a million men from oversea self-governing nations would march to the Commonwealth's defence.

'Address by the Right Honourable Sir Robert Borden before the Institute of Politics, Williamstown, Mass., on the 17th August, 1925.

36C.B.R. - VOL. III.

The British North America Act was necessary to accomplish the union of the four Provinces, to provide for the admission of the additional territory since acquired, and, as a federal system was adopted, to define the limits of federal and provincial jurisdiction both in legislation and in executive action. But the relations between the Dominion and the Mother Country and future relations between the Dominions and foreign countries were left to the ordinary processes of constitutional development. In this development convention and usage have played an exceedingly important part. On such conventions the governance of the United Kingdom is largely based. The British prime minister and his cabinet are quite unknown to the formal enactments of the law. There is a sharp distinction in the British system between legal power and constitutional right. The British Parliament has legal power but absolutely no constitutional right to enact laws imposing taxation or affecting property and civil rights, or otherwise restricting the powers of self-government confided to the Canadian people. Any such law, although legal in form, would be without constitutional validity or effective sanction and could not be enforced. Thus the British Parliament has no more effective control over the domestic affairs of the Canadian Don:imon or Provinces than has the Congress of the United States. Even in the United States a century-old convention destroyed the clear intention of the constitution with respect to the method of electing the president.

The subject for discussion is the Dominions and Foreign Relations. I have read with much interest and appreciation the speech of Professor Smiddy, who has set forth with great clarity his conception of the existing situation. In all important aspects I am in complete agreement with his views. With all respect, I do not agree that the Halibut Treaty of 1923 between Canada and the United States was the first striking instance of a commercial or civil treaty between a Dominion and a foreign country. In 1884 Sir Charles Tupper negotiated a treaty with Spain, and in 1892-93 a commercial treaty with France. In both instances the actual negotiations were carried on by Sir Charles Tupper, although the British Ambassador was formally associated with him. In 1907 and again in 1909 Mr. Fielding and Mr. Brodeur negotiated commercial treaties with France. In 1909 the negotiations for the Boundary Waters Treaty were carried on by Sir George Gibbons in co-operation with Mr. Bryce, under the direct supervision of Sir Wilfred Laurier as prime min

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