« PreviousContinue »
tribunals occur? And, secondly, why did it originate the distinction between the common law and the equitable jurisdiction of the Chancellor ?"
We have only touched upon so much of the matter of the book as holds the more absorbing interest for us. We should like to mention other portions that are excellently done, but the limitations of space imposed upon us must be observed. We cannot lay aside this book, however, without one further observation, namely, that he who reads it carefully, and ponders what he there reads of the conduct of Englishmen in striving to build their commonwealth upon the sure foundations of law, must arrive at the conviction that in doing this they were not taking thought as to what they should eat and drink or wherewithal they should be clothed-although in the result all these things were added unto them—but rather were inspired by the spirit of patriotism and an innate love of order and liberty, things which are hardly incitements of an economic kind.
Hugonis Grotii de Jure Belli ac Pacis. Libri Tres. Selections
translated, with an Introduction by W. S. M. Knight, of New College, Oxford, and of the Inner Temple, Barristerat-Law. Sweet and Maxwell, Limited, London. The Carswell Company, Limited, Toronto, 1922.
This little work constitutes No. 3 of the “ Texts for Students of International Relations” issued by the Grotius Society. It consists of selections from three books of the masterpiece of the great Dutch jurist, including the Law of Nature and of Nations, and the Principal Points of Public Law.
In his Introduction Mr. Knight gives us a very instructive sketch of the life and work of “the scholar, poet, literary man and jurist, as well as politician and theological partisan,” intimately known to his contemporaries as Huig de Groot and better known to the learned world for three centuries as Hugo Grotius. Mr. Knight points out that it is in the light of its author's abounding faith in revelation that, notwithstanding its formal rationalism, the De Jure Belli must be read. In this view we think Mr. Knight has the support of Westlake and Maine. The late Dr. J. N. Figgis in his scholarly “Studies of Political Thought from Gerson to Grotius," expressed the opinion that the object of Grotius was “not to make men perfect or treat them as such, but to see whether there were not certain common duties generally felt as binding, if not always practised, and to set forth an ideal.”
These selections from the De Jure Belli are sufficient to show that Grotius bases his theory of the obligations of men as members of society on a Natural Law that makes promises binding. This Natural Law environs civilization and has a superior sanction to that of the positive law of any particular State. While the Civil Law, and its concomitant the Canon Law, had an ideal perfection in his age, still he thinks that States, as persons in International Law, must regulate their relations with each other by right tested in the light of the immutable rules of Natural Law. And so far as we can apprehend his meaning—not always abundantly clear-Natural Law is nothing else than the law of God as interpreted by Nature to the reason of man.
A Selection of Cases and other Authorities on Labour Law.
By Francis Bowes Sayre, LL.B., S.J.D., Assistant-Professor
This is an exceedingly useful book for the times. The compiler informs us that the volume is published " in response to the growing demand for an adequate collection of cases on the subject.” The plan of the book is “not to give exhaustive collections of decisions, but rather to cite a few leading authorities or suggestive decisions, in the belief that the latter will prove more stimulating and helpful to the student than encyclopædic collections of cases." We think that the object of the compiler has been adequately attained both in the method and matter of his book.
In the Introduction there is to be found a very useful summary of English Labour Legislation, commencing with the socalled "Statute of Labourers ” (which was really an Ordinance of King Edward III) passed in 1349, and ending with the Trade Union Act, 1913 (2 & 3 Geo. V. c. 30). The later enactments are usefully annotated, and references given to cases and text-writers. Part I, among other matters, deals with the Legality of Combinations, the Right of Association, Conspiracy, The Strike, Picketing, Lockouts, Boycotts, and the Union Label. Here will be found a valuable compendium of pertinent decisions by the courts in England, the United States and the British Dominions. We are glad to observe that the decision of SaintPierre, J. in Lefebvre v. Ķnott (32 Q.R.S.C. 441), is not overlooked. (See pp. 390, 391). That case arose out of trouble between the Association of Master Plasterers of Montreal and the Journeymen Plasterers' Union in 1905, and involved, amongst other things, the validity of an agreement between the master plasterers to “protect their material interests” by such means as a lock-out in the event of a strike by the journeymen plasterers. Part II deals with the Rights and Liabilities of Unincorporated Labour Unions, Trade Agreements, and the Internal Government of Unions, etc. Part III treats of the Prohibition of Strikes in the United States by Injunction or by the Criminal Law in the light of the Thirteenth Amendment, Compulsory Arbitration and the Industrial Court (in the survey of which Canadian and Australian statutes and cases pertinent or related to these matters are included), and Workmen's Compensation Laws. There is an Appendix to the work comprising a number of “Subsistence Budgets” the relevance of which to the purpose of the work is not quite apparent. The volume is discerningly indexed.
No student of industrial problems can rise from an examination of this excellent compilation of Labour Law without affirming the justice of Stanley Jevons' dictum, namely, that “the manner, occasion and degree in which the State may interfere with the industrial freedom of its citizens is one of the most debatable and difficult questions of social science.”
Principles of the Law of Evidence. By the late W. M. Best,
A.M., LL.B., Twelfth Edition by Sidney L. Phipson, M.A. (Cantab.) of the Inner Temple, Barrister-at-Law. Sweet & Maxwell, Ltd., London. The Carswell Company,
Mr. Phipson explains in his preface to the twelfth edition of the well-known and indispensable “ BEST” that “all the recent cases and statutes of general importance in the law of evidence have been duly included in the text, both being brought down to the early months of the current year (1922)” But there is a sting in the tail of this preface for the more intimate constituency of this REVIEW. It concludes with the announcement that MEETING OF EXECUTIVE CANADIAN BAR ASSOCIATION. 203
“ Canadian cases have not been incorporated in the present issue." Are we to accept this as “pregnant with an unpronounced doom ” denying value to the overseas matter in the last edition? Viewed in any light this statement is more curt than courteous, and we think the profession in Canada is entitled to some explanation why & feature of a standard work that has proved useful to them should now be dropped.
MEETING OF EXECUTIVE OF CANADIAN BAR
The Council of the Canadian Bar Association held a very successful meeting at Ottawa on Saturday, February 17th. The meeting was well attended and a great degree of optimism was displayed in connection with the Association's work and prospects. All the reports presented were encouraging and indicated that the present year will be one of progress in all branches of the Association's activities.
It was decided that the Annual Meeting of the Association should be held at Montreal on Tuesday, Wednesday and Thursday, the 4th, 5th and 6th of September. The arrangements for the meeting were left to a committee comprising the members of Council resident in the province of Quebec and the vice-presidents for the other provinces.
The Secretary reported that the number of Life Members was now fifty, and that the general membership in all the provinces showed a gratifying increase.
The Editorial Board made a detailed report of its work in the establishment of the Canadian Bar Review and stated that the Review has been very favorably received by the Members of the Canadian Bar.
Among those who attended the Session were: Sir James Aikins, K.C., President; Hon. W. J. O'Hearn, K.C., Halifax, Hon. Vice-President; Hon. J. J. Johnston, K.C., Charlottetown, Hon. Vice-President; Hon. Chief Justice Martin, Montreal, Vice-President; E. Lafleur, K.C., Montreal, Vice-President; George F. Henderson, K.C., Ottawa, Vice-President; Hon. D. D. McKenzie, K.C., Solicitor-General; Hon. A. B. Copp, K.C., Secretary of State; Rt. Hon. Arthur Meighen, K.C.; Rt. Hon. Mr. Justice Duff; Hon. Mr. Justice Anglin; Hon. Mr. Justice Mignault; Hon. Mr. Justice Maclennan, Montreal; His Honour Judge Coatsworth, Toronto; Stuart Jenks, K.C., Halifax; E. M. Macdonald, K.C., M.P., Pictou; Hon. J. B. M. Baxter, K.C., M.P., St. John; J. C. Lamothe, K.C., S. W. Jacobs, K.C., M.P., A. W. Atwater, K.C.; P. Beullac, K.C.; R. G. de Lorimier, K.C.; H. J. Gagne, K.C., H. J. Elliott, K.C.; Leon Garneau, K.C.; Ernest Bertrand; Montreal; Hon. N. W. Rowell, K.C.; Angus MacMurchy, K.C.; R. J. Maclennan, K.C.; W. K. Murphy, Toronto; F. D. Kerr, K.C., Peterborough; T. A. Beament. K.C.; Ainslie W. Greene; Dr. Chas. Morse, K.C.; F. H. Chrysler, K.C.; O. M. Biggar, K.C., Ottawa; A. B. Hudson, K.C., M.P.; E. J. McMurray, M.P.; E. H. Coleman, Winnipeg; W. G. McQuarrie, K.C., M.P., New Westminster.