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and free disclosure of all the conditions under which they were carrying on their business as importers of salmon. As a matter of fact, the only reference to Germany in the first statement made by the appellants is that, for a short time after the war, some imported goods had been sent to that destination, whereas it appears on further inquiry and in the second report of the accountants on July 3, 1916, that eight barrels of salmon had been sent to Schlutup on December 19, 1915, and eight barrels to Berlin so late as January 19, 1916. Their Lordships are unable to come to the conclusion that the appellants did at the outset make a full disclosure of all the relevant factors attaching to their business, and it has been pointed out in previous cases that it is incumbent upon neutral traders to make such a disclosure in cases where the liability is upon them to remove elements of suspicion which affect the destination of the seized cargo. Their Lordships therefore find that in the present case the appellants have not discharged their obligation of proving that the destination of the salmon was innocent. During the hearing of the appeal a petition was presented to their Lordships on behalf of the appellants to admit fresh evidence not before the President at the hearing, but their Lordships were unable to entertain this petition for reasons stated during the hearing of the appeal. The appeal must be dismissed with costs, including the costs of the petition to admit fresh evidence. Their Lordships will humbly advise His Majesty accordingly,
Manual of Military Law. War Office. London: Sweet & Maxwell. 1914. Reprinted 1916. pp. xvi, 908.
This official compilation of the laws of war was instituted by a request from the Rt. Hon. F. Stanley, Secretary of State for War, to the Parliamentary Counsel Office, to prepare rules of procedure under Section 67 of the Army Discipline Act of 1879 and also a manual containing the Act and above rules with notes, so as to form a textbook on military law. The continuance of the work was approved by subsequent Secretaries of State for War and the work was finally issued in 1884 under the authority of the Rt. Hon. the Marquis of Harlington, M. P., then Secretary of State for War. The great delay was due to the repeal of the Act of 1879 and its replacement by the Army Act of 1881. General editorship was undertaken by Mr. G. A. R. Fitzgerald, of the Parliamentary Bar, but chapters were written by Sir Henry Thring, K. C. B., Parliamentary Counsel, and subsequently Lord Thring, by Mr. H. Jenkyns, C. B., Mr. C. P. Ilbert, Lt.-Col. Blake, R. M. L. I., and Mr. A. C. Meysey-Thompson. Free use was made of the earlier work of Major-General R. Carey, C. B., entitled “Military Law and Discipline,” and also of the late Captain T. F. Simmons’ book on the “Constitution and Practice of Courts-Martial.” The work was further revised by the Rt. Hon. G. O. Morgan, Q. C., M. P., Judge Advocate General. A second and revised edition appeared in 1887 and, new rules and statutes requiring it, they were incorporated and a third revised edition issued in 1894. The Criminal Evidence Act of 1898, being applicable to courtsmartial, a new edition was required and appeared, incorporating such Act, in 1899, under the editorship of Mr. F. F. Liddell, with assistance from Sir John Scott, Sir Henry Jenkyns and several eminent hands. The fifth edition appeared in 1907, edited by Mr. Graham-Harrison, having been made necessary by amendments to the Army Act and the reorganization of the system of commands and of the War Office.
The present and sixth edition appeared in 1914, edited by Hon. Hugh Godley.
Its points of advance are (1): A new chapter (Chapter XIV) on the laws and usages of war on land, by Col. J. E. Edmunds, C. B., and Mr. L. Oppenheim, LL.D. The latter has held for years, in succession to Dr. Westlake, the Whewell Professorship in International Law at Cambridge University, and has maintained the high traditions of his chair. (2) Chapter XL has been largely rewritten and other portions revised, because of the reorganization of the Army in 1908, and later Acts, like the Official Secrets Act of 1911, have been included. (3) The War Office has revised the index.
The above brief history of this valuable and authoritative, but necessarily technical and extended, work, is almost all that can be given concerning it. Statutes and rules and many forms are included.
The chapter by Colonel Edwards and Professor Oppenheim was published by His Majesty's Stationery Office as a separate small volume, entitled “Land Warfare," as early as 1913.
Considering the deep interest felt in the United States in the investigation and attempted reform of courts-martial, it may be mentioned that in the index of this Manual that topic covers between five and six pages of fine print and the work affords a mine of official information as to the British law and practice.
Attention is also called to Chapter VII, entitled “Offences Punishable by Ordinary Law," which gives a wonderfully clear and adequate, but condensed, statement of the general criminal law. A student reading for an examination could not find a more useful and compendious text.
CHARLES NOBLE GREGORY.
Neutrality Versus Justice, An Essay on International Relations. By
A. J. Jacobs. London: T. Fisher Unwin. 1917. pp. 128. 2 s. net.
The author of this little essay undertakes to establish the following theses: (1) that the time-honored policy of neutrality, hitherto sacred to militarists and pacifists alike, is utterly incompatible with international justice or permanent international peace; (2) that the principle of mutual protection, which is the basis of civil society and the starting-point from which every system of law has been developed, affords the only true basis for international peace; (3) that the same impulse which has driven nations of dissimilar culture and ideals to enter into defensive alliances that have almost imperceptibly grown into two great international groups, will also force them to take a further step in the same direction, and merge these groups into one combination for mutual defence; and (4) that an international alliance for territorial defence must be the starting-point of a real system of international law.
Mr. Jacobs believes that disarmament can be accomplished, not by agreement, but only by guarantees against territorial aggression and the gradual growth of a feeling of security. He does not believe that the cause of international peace would be greatly advanced by the establishment of an international court of justice, because he does not believe that nations would willingly submit to its decisions, but he believes that a real system of law and a court would inevitably evolve from the conditions established by the adoption of the principle of mutual protection and the formation of a general alliance for territorial defence.
As to the objection that a general defensive alliance would stereotype international conditions, he says that the prohibition of the use of force has not done so among individuals. The nation which wants more commodious quarters must, he contends, like the individual, pay the rental or purchase price. "The cost of a war of conquest would probably yield a far better return if utilized for the peaceable acquisition and development of territory, or to secure trading and industrial opportunities for its growing population.” Here, as elsewhere in the volume, he pushes the analogy between nations and individuals too far.
A general defensive alliance, he contends, presents far fewer objections and dangers than a special alliance, for the members of a special alliance are usually faced in any conflict by a combination of similar strength, and the chances of victory or defeat are more or less evenly balanced, whereas a general agreement for mutual defence would always bring “an overwhelming margin of force against the would-be aggressor.” As to the danger of a general defensive alliance being undermined sooner or later by internal intrigue, he points out that “at least one-half the world must first betray and then be prepared to fight the other half.”
Mr. Jacobs lays almost exclusive stress on territorial aggression as the cause of wars. As economic and commercial rivalries have been primarily responsible for many modern wars, the mere guarantee of territorial integrity will not put an end to war. The covenant of the League of Nations recognizes this fact in the powers conferred on the Council. On the whole, however, Mr. Jacobs' essay constitutes a valuable argument for the League, especially for Article X, while it offers some reasons for the postponement for future consideration of such questions as disarmament, the establishment of an international court of justice, and the revision of international law.
John H. LATANÉ.
Foreign Financial Control in China. By T. W. Overlach. New York:
Macmillan. 1919. pp. xiii, 295. $2.00.
In this day of international rivalries and world stress, publishers often overreach themselves in their feverish search for new material and sensational products. While writers, without adequate training in special fields or literary experience, rush into print to help on some phase or other of world development. In the volume before us, the author attempts to “give a comparative and scientific account of— the most tangible and concrete problem of the otherwise so elusive Far Eastern Question, namely, the problem of 'Foreign Financial Control in China'.” Feeling that “a clearer vision in international affairs” and a candid examination of the whole situation by “each nation with unprejudiced mind,” are necessary to the solution of the Far Eastern Question, he proposes to “adopt a sympathetic view and attitude toward all the Powers concerned, trying to give justice to each, instead of seeing things through the colored glasses of national ambitions." His work is prefaced by a theoretical introduction in which the writer defines the political and economic terms now in vogue within diplomatic circles in the Far East, and an historical introduction containing the history of Foreign Relations with China before 1895. The latter is compiled almost entirely from Sargent's Anglo-Chinese Commerce and Diplomacy and Morse's The International Relations of the Chinese Empire. The book contains chapters