Page:The Green Bag (1889–1914), Volume 18.pdf/180
The Green Bag PUBLISHED MONTHLY AT 84.00 PER ANNUM. SINGLE NUMBERS 50 CENTS. Communications in regard to the conteats of the Magazine should be addressed to the Editor, S. R. WRIGHTINGTON, 31 State Street, Boston, Mass. The Editor will be glad to receive contributions of articles of moderate length upon subjects of interest to the profession; also anything in the way of legal antiquities, facetiae, and anecdotes.
CURRENT LEGAL LITERATURE This department is designed to call attention to the articles in all the leading legal periodicals of the preceding ma/it/i and to new law books sent us for review.
AGENCY ( Ratification) . In the February Michigan Law Review (V. iv, p. 269) Prof. Floyd R. Mechem publishes an adaptation from his forthcoming new edition of his treatise on agency under the title of " The Effect of Ratification as Between the Principal and the Other Party." It is impossible to adequately summarize the greater part of this closely reasoned article. The most important dis cussion in it relates to the right of the principal to ratify a contract for the purpose of enforcing rights against the third party. It is contended that until such ratification there is no mutu ality in the contract, and, therefore, no consid eration to bind the third party, and that, therefore, the right to ratify for this purpose should be denied in the absence of something showing the other party's present adherence to the contract. This is the Wisconsin rule. The English courts admit a ratification within a reasonable time even though the other party has previously attempted to withdraw. The other American courts allow ratification within a reasonable time unless the third party has previously signified his withdrawal. BANKRUPTCY. " Interstate Chaos," an address before the Commercial Law League of America by William H. Hotchkiss, is published in the January American Lawyer (V. xiv, p. 7) . It urges the maintenance of the national bankruptcy act. BAR ASSOCIATIONS. The new " Associa tion Internationale des Advocats " is described by Professor Simeon E. Baldwin in the Feb ruary Yale Law Journal (V. xv, p. 163). He regards it as a result of the. general tendency
of the times during the last half century towards collectivism and as the natural result of the local and national bar associations formed during that period. The first Congress at Brussels, in 1897, was a purely European one, and its chief work was to establish a per manent committee on organization, and to provide for the calling of a second meeting. For various reasons the second meeting was delayed until last summer. It was partici pated in chiefly by Europeans, though a repre sentative of the American Bar Association, who was unable to be present, gave his adhesion in writing, and it is expected that in future Americans will be identified with the new association which the Congress of last summer decided to form. It was decided that the next meeting should be held in three years. CARRIERS ( Passengers) . The cases relat ing to " The Creation of the Relation of Carrier and Passenger " are quoted and analyzed by Joseph H. Beale, Jr. in the February Harvard Law Review (V. xix, p. 250) . After classifying and discussing the cases under the several heads of " Payment of Fare," " Waiting at Station for a Train," " Boarding a Moving Train," " Boarding a Street Car or Omnibus," "Riding in a Place Not Intended for Passen gers," " Stealing a Ride," and " Guest of a Servant of the Carrier," he concludes that " the cases follow closely the principle that to prove himself a passenger one must prove either actual acceptance as such by a servant having authority, or else, an exact compliance with the terms of an invitation extended by the carrier to the public."