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determine all the equities between the parties, and make a complete distribution of the fund by a final decree".
It is believed that these contentions are sufficiently met by the discussion which has preceded. It may, however, be added that the statute tertainly does not in terms confer or purport to confer any such powers and duties as are here contended for, and practical considerations already mentioned render any such extensive interpretation by implying such powers or duties most undesirable, even if such extensive interpretation had, as it is believed it has not, any legal basis.
It may, moreover, be added that the Department has not so interpreted the meaning and purpose of the statute. (See brief in Pell v. Hay, prepared and filed in that case by Solicitor Penfield.)
Finally, the matter of the purpose of the statute and the powers thereby conferred would seem to be conclusively settled (and in a way to negative the contentions set forth above) by the statement made at the time the matter was reported by Mr. Hitt to the House from the committee (the provision being incorporated in the Diplomatic and Consular Appropriation Bill). Mr. Hitt said:
"These are the changes in this appropriation bill, as compared with that of last year. There is a single item which touches more general legislation. The trust funds in the custody of the State Department have heretofore, by the officer having them in charge, been deposited where he pleased, deposited generally in banks. The Secretary of State has suggested, and the Committee on Expenditures in the State Department of the House of Representatives have presented to the Committee on Foreign Affairs, the draft of an amendment to the existing law. By it we have provided that these funds shall be deposited and covered into the Treasury and paid out on certificates of the Secretary of State; a reform which I think will meet the approval of every member of the House.”
Juris et Judicii Fecialis, sive, Juris Inter Gentes, et Questionum de Eodem Explicatio. (An Exposition of Fecial Law and Procedure, or of Law between Nations, and Questions concerning the same.) By Richard Zouche, D. C. L. Edited by Thomas Erskine Holland. Vol. I. A Reproduction of the First Edition (1650) with Introduction, List of Errata, and Table of Authors. Vol. II. A Translation by J. L. Brierly, M. A., B. C. L. Washington: Carnegie Institution. 1911. pp. xxxii, 204 and xviii, 186.
These beautiful volumes constitute the first instalment of a series entitled "The Classics of International Law," under the general editorship of James Brown Scott, member of the Institute of International Law. In his letter to the President of the Carnegie Institution, dated November 2, 1906, Mr. Scott submitted the following proposal: "That the Carnegie Institution undertake the republication of the various classics of international law; that the texts be edited in the original without note or annotation; that suitable introductions be contributed to each text by specialists of standing; that the texts be accompanied by translations when the originals are in foreign languages; that the individual texts selected for publication be edited by specialists in international law; and that the series as a whole be under the supervision of an editor-in-chief."
At a banquet of the American Society of International Law, held on April 24, 1909, Dr. R. S. Woodward, President of the Carnegie Institution, announced the republication by the Institution of the recognized classics of international law. "Dr. Woodward explained that the original texts were to be reproduced by the photographic process, thus avoiding any corruption of the text, that the text would thus be presented to the modern reader exactly as left by the learned author, that the notes, annotations, or variants, comprising an apparatus criticus, would form an appendix to the text, and that each work selected for republication would be accompanied by an English translation in a separate volume". (See this JOURNAL, 3:701.)
This modus operandi has been criticised by the famous Belgian publicist Nys (see Revue de droit international et de législation comparée, second series, Vol. II, pp. 484–485), who objected both to photographic reproductions of the texts and to the English translations accompanying them. (For a reply by the Editor-in-Chief to these criticisms, see this JOURNAL, 4:168-169).
The reviewer does not share in the distrust of translators voiced by Professor Nys, provided they are selected. On the contrary, the translation of the "classics" into a modern language seems to be one of the most valuable features of the project. Where one reader will consult the original text with pain and difficulty, many will read a good translation with profit and pleasure. Not being an expert Latinist, the reviewer is unable to judge of the accuracy of Mr. Brierly's translation; but he has confidence in the judgment of those entrusted with the selection of competent editors and translators. The student is not left at the mercy of any one who may have a mistaken notion of his competency as a translator or who may wish to review his Latin by translating a socalled classic. In any case, the confirmed Latinist now has access to the original text of such an important work as Zouche's - an advantage which he had hitherto seldom enjoyed.
It would appear, however, that Professor Nys' objection to photographic reproduction is better founded than his objection to translation. True it is that the text is accompanied by a list of errata, but it is awkward to be compelled to compare every doubtful passage with such a list printed at the end of the volume. For the sake of convenience the errata should be found on each page on which they occur. It would also be desirable to have the original text and its translation printed on parallel pages in the same volume.
Concerning the propriety of including Zouche's work in a series of "Classics on International Law," there can be no question. Zouche cannot be claimed as a real authority, even for his own time, since he is more apt to cite the opinions of others than to express his own views. But he abounds in historical instances, he is always interesting, and, as the author of the first manual on international law, his influence in England was formerly very great. The modern reader will be particularly interested in Zouche's discussion of Peace and Arbitration (II, pp. 57-59). Professor Holland's scholarly Introduction is beyond praise.
AMOS S. HERSHEY.
Die Hauptfragen des internationalen Privatrechts. By Dr. F. Meili. Lectures delivered before the Association of Cologne for the Study of Law and Political Science. Breslau: J. U. Kern. 1910. pp. 58. In the first part of these lectures the author deals briefly with the nature of the subject, its history, and the sources of the present law. In part two he discusses some important topics in the conflict of laws, including those of nationality and domicile, renvoi, the formal requirements and the interpretation of legal acts. In part three he gives the principles applicable to the law of persons, to the law of family, to the law of property, to the law of obligations, to the law of succession, and to the law of bankruptcy. In part four he deals with the international regulation of certain matters in the conflict of laws.
As a brief survey of the fundamental questions underlying this important subject, Professor Meili's lectures are excellent. They are written in a simple style, and, notwithstanding their small compass, are comprehensive in their treatment. Attention is called, among other things, to the work of the Institute of International Law with reference to this subject and to that of the Conferences of The Hague. The book may be heartily recommended as the first reading in the conflict of laws. For a more detailed statement of the law and of the author's personal views, the larger works of this eminent jurist should be consulted. ERNEST G. LORENZEN.
The Relations of the United States and Spain: The Spanish-American War. By French Ensor Chadwick, Rear Admiral, U. S. Navy (Retired). New York: Charles Scribner's Sons. 1911. 2 vols. pp. vii, 514 and xii, 414, maps.
Quoting the words of the author: "This work is intended in the main as a documentary history" of the Spanish-American War. This certainly does not offer an alluring prospect to the general reader. Usually to others than the students of the special subjects to which they relate, official documents are of little interest, and at best are apt to be dry reading; nevertheless the reader who, taking too literally the author's announced intention, turns aside from these volumes, will miss much.
Admiral Chadwick's familiarity with the events of which he treats, due in part to his having been chief-of-staff to Admiral Sampson throughout the war, has enabled him to select from the abundance of material available, documents, the greater part of them interesting in themselves, which under his skillful grouping present a clear-cut picture of the course
of events. About the chosen documents the Admiral has woven a temperate and impartial narrative which, while it neither emphasizes nor disguises the opinions of its author, points the non-military reader to a better understanding of the events themselves, and of their relation to each other, at the same time leaving him to form his own conclusions from the matter presented. The result is a work of positive value, which seems destined to hold a permanent place in the literature of the Spanish-American War.
After a preliminary review of the naval movements in preparation for the war, an analysis of the forces both Spanish and American, a consideration of the strategy of the campaign, and an instructive chapter on "Spanish Views", volume one is devoted to the operations from the beginning of hostilities up to the army expedition to Santiago, the most important of which are, the blockade of Havana and the western part of Cuba, the naval battle of Manila Bay, the moves to intercept Cevera's fleet, and the final location and blockade of that fleet in the harbor of Santiago.
Volume two begins with the army expedition to Santiago and ends with the treaty of peace concluded at Paris, December 10, 1898; the important intermediate events being, the joint army and navy operations which resulted in the capture of Santiago, Manila, and the island of Puerto Rico, the movements of the Spanish fleet under Admiral Camara towards the Philippines, and the proposed counter movement of the Eastern squadron, under Commodore Watson; rendered unnecessary by Camara's return to the coast of Spain.
The volumes contain many maps, a valuable bibliography, and are amply indexed.
The descriptions of the battles of Manila Bay, May 1, El Caney and San Juan Hill, July 1, Santiago, July 3; battles of which the author says, "May 1, July 1, and July 3, in 1898, are dates which both nations may well hold in lasting and proud remembrance," probably will appeal most to the general reader. But to the writer it seems, that other portions of the work, though less gratifying to our national pride, possess a more lasting value, if we, as a nation, have the wisdom to heed the lessons to be found therein.
No thoughtful reader can question the author's statement that "neither Spain nor the United States had a fleet fitted, as far as material strength was concerned, to meet that of even a second class naval Power," and it may be said with equal truth that neither nation had