294

The Green Bag

Professor James Brown Scott, Solicitor to the Department of State, and editor of the American journal of International Law, is here charged with "making use of the research and felicitous wording of another without making the acknowledgment which authors usually recognize as required. Parallel passages are presented to show the similarity etween Dr. Scott's phraseology and that of Moore's translation of Merrgnhac. Dr. Scott does cite Merignhac twenty-five times in about as many pages for quotations and ‘instances.’ But his handling of the ma terial, if not improper, is certainly wanting in the customary acknowledgments. “We note, too, that the authorities cited by the authors whom Professor Scott quotes or copies are sometimes cited by him without the a pro riate acknowled ent: thus he cites p. 02) Du Mont, chmaus, Kluber et Ott, ( . 204), De Flassen Hall, 4th ed., and (p. 287 Vattel without expressly stating ‘as cited by,’ etc. Lack of space precludes further illustrations of this sort, but indica tions are not wantin to show that a. free use has been made 0 Hells (pp. 47-87) and Moore (pp. 210-248) . . . . "As a whole, the publication is not a credit to American scholarship, and in parts the methods of corn osition do not command respect. The aut or is undoubtedly an effi cient public omcer and successful lecturer. Our criticism is directed solely to his book. There is hardly a page which does not furnish some evidence of an incorrect afpprehension of facts, of a misunderstanding o the matter quoted, of incense uential reasoning, of extravagant and miseading statements." Local Government. "Sanity and Democ racy for American Cities." By Charles Edward Russell. Everybady's, v. 22, p. 435 (Apr.). Describing the salutary results of the adop tion of the commission form of ovemment in five typical reformed municipa ties. Lynching. See Criminal Procedure. Maritime Law. “The Declaration of London." By Prof. John Westlake. Nine teenth Century, v. 67, p. 505 (Man). "The Declaration . . . may, when ratified, be not unfairly regarded as the greatest step yet made in the systematic improvement of international relations. . . . “The Naval Conference of London was remarkable not only for its achievement, but also for the fact that, notwithstandnig the undeniably political character of much of the work entrusted to it. its members were not drawn from the higher ranks of diplomacy, but chiefly from the classes which, as jurists or naval men, are most conversant with the subject. . . . Perha s a wider combination of special, with diplomatic or political, competence than has hitherto been usual may be one of the means by which future improvement in international rela tions may be brought about."

Marriage and Divorce. "Divorce in Europe." American Review of Reviews, v. 41, p. 502 (Apr.). That legal divorce and separation have been on the increase all over Europe for some time is shown by an article published in Rrforma Sociale, printed at Turin, of which an abstract is here given. “In the countries where divorce cannot be obtained a. rising number of separations must be noted. Thus in the case of Italy, where divorce does not exist, a period covering thirty lFears shows that the separations have virtua doubled. Austrian records reveal about t t same rate of growth for divorce, although the separations do not reach quite so big a rate. In Belgium and Norway divorce has more than quintupled, while in Holland it has multiplied three and a half fold. As to separations, these three countries exhibit respective increases in the ratios of ei ht to five, two to one, and three to one. . .

" ong the nations of Europe, Switzer land leads ofi with the highest average of divorces,

the

record of the Helvetian

re

public being? about four to every hundred marriages. rance, too, has a high percentage. and so has Greece, and in both countries the figures exhibit a strong upward tendency. Other percentages given in the Rifomla Sociale are: Roumania, two and a half; Prussia, one;

Denmark, two;

Sweden, one;

England, one-half. In Ireland and Russia divorce is rare. . . . "It is observed that the connubial knot is most often severed between the fifth and tenth year after marriage; by the fifteenth ear financial difficulties are likely to have n overcome, or moderate differences of tern rament compounded. . . . I “ here are special features of our own time which promote the rise of separation and divorce, namel, physical mobility through increased fa "ties and op rtunities of travel, concentration of popu tion in large cities, intensit and nervousness of industrial

life, waning o reli 'ous influence, and growth of the concept 0 individuality,—espec1ally regarding the female sex." “Divorce Laws and the Increase of Divorce." By Evans Holbrook. 8 Michigan Law Review 386 (Man)

A study of statistics, made for the purpose of ascertainin whether legislation has had a deterrent e ect on divorces. For quota tion see p. 310 infra. "Common Law Marriage." By Robert C. Brickell. 44 American Law Review 256 (Mar. —Apr.).

Beggs "If Icase am (55 correct Ala. in108), my the anal 8ClSlOIIlS_m sis ‘of this state are in conflict upon the proposition of the validity of a mamageuper verba d2 aesenti, not shown to be 0 o wed by_co bitation. . . . In

view

of

the

decisions

of our court and the courts_of other states upon this question, would it not be wise