Regarding Dr. Scott's book as a whole, it is throughout scholarly in its method and workmanlike in its execution. Abundant notes. point to supplementary reading, a good index renders reference easy, and the style is clear and forceful. The volume is quite indispensable to the international lawyer, will be extremely useful to the historian, and has much interest for the general reader. The dedication of the volume to the Honorable Robert Lansing, Secretary of State of the United States, is most appropriate; and the direction that the royalties due to the author be presented to the Department of State War Relief Work Committee, of which Mrs. Robert Lansing is President, is in the high spirit of patriotism and devotion to human welfare that marks the work and the life of Dr. James Brown Scott.

DAVID JAYNE HILL.

The Law relating to Trading with the Enemy together with a Consideration of the Civil Rights and Disabilities of Alien Enemies and of the Effect of War on Contracts with Alien Enemies. By Charles Henry Huberich. New York: Baker, Voorhis & Company. 1918. pp. xxxiii, 485.

When the United States entered the war in April, 1917, the general principles of law relating to the status of alien enemies and to trade with the enemy were already well settled by the decisions of the courts of this country in the early part of the nineteenth century and during the Civil War, as well as by the decisions of the English courts prior to and during the present war.

There was, however, no existing statute under which criminal penalties could be imposed for illegal trading. Moreover, legislation was imperatively necessary on the subject of enemy trade, in order to meet the new conditions of modern economic life and of modern warfare. The enemy had allies whom it became necessary to treat in law as enemies of the United States even though we were not then at war with these allies. It was also evident that the term "enemy" must be extended beyond its common-law sense; neutral countries were filled with German subjects, naturalized Germans, and German sympathizers, whose business activities in aid of Germany must be curbed so far as their connection with our own citizens was concerned. The common law did not in this respect meet the necessities of the case; and legis

lation was needed to amplify the scope of the classes of persons who, for the purposes of the Act, might be treated as "enemies" by the United States. The term "trade" as used in the Napoleonic Wars, the War of 1812, and even the Civil War, was not sufficiently broad to cover all the actions which it was desirable to prohibit during the present war. The complexity and development of modern business demanded greater stringency in certain directions than the old judicial decisions provided for. In former days, trade consisted almost wholly in the actual sale and transfer of commodities; today the building up of assets, funds, and credits in this country and their transfer by letter, cable, or wireless demanded rigorous supervision and prevention. A new method of dealing with the large German property interests in this country was proposed, which required legislation, viz., the taking over of such property by the government and the investment of its proceeds in government bonds- thus conscripting the enemy's property and fighting him with his own money, while at the same time conserving his money in the safest investment.

The Trading with the Enemy Act, of October 6, 1917, was drafted, therefore, with a view to deal with these new conditions of modern warfare. It was intended to supplement the previous law as developed by judicial decision; in some directions it was designed to change the previous law; but it was not designed to codify the whole law upon the subject, and it specifically provided that the common law should govern in all matters not within the scope of its enactment. It left, therefore, many important topics to be determined very largely by the common law or by State laws then in force - topics like the effect of war upon contracts; interest on debts due to enemies; devises and bequests to enemies; suspension of statutes of limitations; termination of agency, etc., etc.

Because of the fact that the statute was not intended as a codification of the whole law of enemy trade, the volume now under review is of great importance, presenting as it does, not merely a commentary on the statute, but also a very complete statement of the law as it existed prior to the statute's enactment. Indeed, a work of this kind is almost indispensable to every business man, as well as to every lawyer, since never before in history have the commercial transactions of this country been so largely regulated by legislation, or been so extended in foreign trade.

It is fortunate that the preparation of this book has been undertak en

by so competent an author. Mr. Huberich is not only a lawyer of New York whose practice has been intimately concerned with the topic treated by him, but a former professor of law at Leland Stanford Jr. University. His book is not a mere hasty compilation of authorities put forth to meet a sudden demand for a book on a subject little known to lawyers of today. It shows throughout long and careful study and a thorough acquaintance with the underlying principles, not only of the general law of the subject, but also of the particular statute in question and of similar legislation in other countries. The author does not content himself merely with a statement of the law, but offers helpful comments and suggestions as to the construction, the omissions, and the inclusions of the statute. The citation of cases appears to be unusually full; on some few topics, however, further cases might be found, notably on the question of the effect of war upon the statutes of limitations, as to which the able article by Professor Charles Noble Gregory in the Harvard Law Review, Vol. XXVIII (May, 1915), might have been consulted with advantage. (In fact, in this book, as in many modern law books, it would be of great assistance to the reader if authors would cite the many important articles in leading American and English law reviews on the subjects treated; such articles on the law of trading with the enemy having been particularly valuable and numerous since 1914.)

The scope of Mr. Huberich's book is satisfactory; it starts with a brief summary of legislation in France, Italy, Russia, Japan, Germany and Austria-Hungary, Turkey, and the British Empire (the British Statutes and Orders in Council, 1914-1916, being given in full in the appendix); it then treats of the legislative history and general purposes of the Act of October 6, 1917. It then takes up the statute, section by section, and sentence by sentence, discussing the scope and intent of each, and stating with considerable fullness the decisions of the American and English courts on the particular phase of the subject of the legislation. The preface of the book is dated February 1, 1918.

The intent of those who drafted, those who approved, and those who enacted the statute in question was to conform to the more enlightened and modern view of warfare, namely, that the rigors of war should not fall on private persons or property of the enemy any more than was necessary for the safety of the State. As long ago as 1814, Chief Justice Marshall declared in Brown v. United States (8 Cranch, 110, 122) that while the power of Congress over enemy persons and

property was plenary, nevertheless the consensus of modern Christian nations was opposed to confiscation or undue harshness of treatment. The great change in conditions of warfare today, whereby war has become, not a conflict of armed troops, but a conflict into which all the industrial and commercial forces and resources of the opposing nations are thrown, may now require a reversion to the older and more rigorous treatment accorded to enemy property. The statute, as drawn, leaves it open to its administrators to adopt such a more rigorous policy if conditions, or necessity of retaliation for acts of Germany, so require. The statute leaves to Congress the final disposition of enemy property taken over by the Alien Property Custodian. It provides for a large extension of the term "enemy" by the President whenever he shall deem that conditions demand such extension (and he has made such extensions since the date of writing of this book).

It is entirely possible that conditions ascertained since its passage may also render necessary certain amendments in order to perfect the de-Germanization of so many American businesses which, we now discover, have been absorbed by German capital and German interests, and in order to avoid the accumulation of profits for the benefit of Germans after the war. But even if the statute shall be so amended, Mr. Huberich's book will still remain, because of its thorough statement of the general principle of the law, a necessary guide to all who desire to know how far their commercial operations will or will not be valid. CHARLES WARREN.

Three Centuries of Treaties of Peace and their Teaching. By the Right Hon. Sir Walter G. F. Phillimore, Bart., D.C.L., LL.D. 1

"The history of human legislation is a record of error and presumption," said the Hon. E. G. Ryan, Chief Justice of Wisconsin, in a somewhat famous address nearly fifty years ago. The history of treaties of peace certainly has a considerable resemblance to the record of legislation. Yet the only advice for the future open to us is derived from the past. A study of all that men have attempted to seal up "The purple testament of bleeding war" since the time of Grotius, founder of modern international ideas, is obviously opportune and timely, and Sir Walter deserves our thanks for undertaking it.

1 The announcement that Sir Walter has been advanced to the peerage, taking the title of Lord Phillimore, arrives as this review goes to press.

No man by heredity, taste, experience, and acquirements could be better equipped for the survey and presentation of this broad subject. The oldest son and heir of the late Sir Robert Phillimore, who was the author of the celebrated commentaries upon international law and an eminent judge in matters of admiralty and the law of nations, Sir Walter has maintained the reputation of the father both upon the bench and as a publicist. Sir Robert's magnum opus is perhaps the most considerable and authoritative of the English compendiums in this noble branch of law, and Sir Walter has to his credit its second and third editions. He has served as President of the International Law Society, and those of us who assist at its sessions know the zeal and interest he has always displayed for the society and the commanding position he holds in it. Sir Walter is also one of the chief laymen in the Church of England and one of the greatest authorities in all pertaining to its law, history, and policy. Many American and foreign scholars have known and enjoyed the very generous hospitality of his London residence, Cam House, Campden Hill, immediately adjoining and rivaling, with its groves, lawns, and gardens, the yet more famous Holland House. It was, until the time of the late duke, Argyle Lodge, the town house of the Dukes of Argyle. A rambling gothic house called The Coppice, at Henley on Thames, surrounded by an estate of some five hundred acres, was inherited by Sir Walter from his father, who, though opposed to such laws, availed himself of one of the last of the enclosure acts and so acquired most of this tract.

In this charming old house interest seems to center about a beautiful painting of Hugo Grotius, with clear-cut aquiline face and white Elizabethan ruff, which hangs on the wall, mellowed and made venerable by nearly three hundred years of time. This portrait was bought by Sir Robert from The Doctors' Commons on their dissolution and is reputed to have been presented to them by Grotius himself on his becoming a member of that learned body. Sir Walter prints an admirable reproduction of it as the frontispiece of his book, and dedicates his work "to the memory of Grotius," under whose portrait, he adds, "much of this essay has been written."

In the preface of four pages outlining the purpose and scheme of the book, Sir Walter says his excuse for the work is that "We are all looking forward to the future peace. We are longing for it." At the same time we are conscious of the difficulty of making a sure and lasting peace. "Never was there a war," he says, "in which so many