Restrictions on Coal Trade Removed.

All restrictions relating to the trade in anthracite and brown coal, coke, and briquets are removed for all of Poland, according to No. 66, paragraph 429, of the Polish Journal of Laws. The importation and exportation of coal and coke, and the manner of insuring the supply of coal to the Government railways and the public utilities, as well as the designation of the order in shipping by the railroads, will be provided for in special orders issued by the Ministry of Industry and Commerce. All treasury and governmental charges relating to the mining, sale, and consumption of coal, coke, and briquets will be paid by respective treasury branches as designated in laws and orders on taxation.

Portugal.

Termination of Commercial Treaty with Norway.
See "Norway" above.

Purchase and Sale of Exchange Regulated. Regulation by the Government of the sale and purchase of exchange was effected by a royal decree of September 6, and is expected to allow a better exchange rate for the Portuguese escudo. Exchange can be bought and sold by banks only through special license from the Minister of Finance and under certain conditions, including the deposit of money and the filing of a declaration in which it is agreed to accept the terms of the decree. Those buying on open credits abroad must also make application to a department of the Ministry of Finance which has been created for this purpose.

Russia.

Treaty with Austria.

See "Austria" above.

Passport Rules.

A recent Soviet decree provides the following regulations: In lieu of all the previously issued rules and regulations on the entry from abroad into the territory of Russian Socialist Federal Soviet Republic, the Council of the People's Commissars ordered:

1. The entry into the territory of R. S. F. S. R. is permitted only upon special permits granted by Russian Authorized Representatives abroad in the form of a vise placed upon passports.

Note: In case the vised passport bears no photograph, the same must be attached to the vise.

2. Persons desiring to receive permits for entry into Russia must present a petition therefor to the Authorized Representative of R. S. F. S. R. Said petition must have annexed thereto documents certifying the person of the applicant, copies of such documents and a questionnaire in the form prepared by the People's Commissariat of Foreign Affairs.

3. Persons lawfully entering the territory of some other Soviet Republic and desiring to enter therefrom into the territory of R. S. F. S. R. are not exempt from the provisions of article 1 hereof.

4. Persons entering by any means whatsoever the_territory of R. S. F. S. R. from abroad or from the other Soviet Republics without obtaining a permit defined in article 1 hereof, are to be brought by the authorities discovering them for trial before People's Court with the participation of six jurymen or before the Revolutionary Tribunal in accordance with the provisions of the law and upon conviction shall be punished by imprisonment in accordance with a Decree of March 21, 1921, concerning imprisonment and the system of probational liberation of prisoners. 5. The Authorized Representatives of R. S. F. S. R. abroad, shall take steps to give widest publicity to the provisions of this order amongst the public of the country wherein they are located. Reopening of Parcel Post

Uninsured parcels are now accepted by the post office authorities in England for transmission at the senders' risk, via Petrograd or a port in the Black Sea, to all parts of Russia in Europe and Russia in Asia except the Ukraine and Turkestan. Certain important restrictions, issued by the Russian authorities, as to what may be sent by mail, are detailed below.

Under Regulations made by the Soviet authorities, private persons in Russia may not receive by letter or by parcel post articles for sale, arms or dangerous drugs, or, without a license, more than two parcels per month containing articles for their own personal use.

Articles for personal or household use, likely to be sent by post are foodstuffs, books, photographs, etc., all kinds of cloth and wearing apparel, table and bed linen, knives, forks and spoons, nails, musical instruments, toys and watches, soap, perfumery, and simple medicinal articles, such as boracic acid, salts, vaseline, etc. Within the limit of two parcels a month, such articles are admitted into Russia free of customs or other duties. Members of professional unions may, in addition, import instru

ments and materials necessary for their profession. Parcels for Soviet departments are not subject to restriction.

Regulations on Remittances to Russia.

The following Soviet decree regulating money remittances to Russia, was published in the Izvestia, No. 226, for October 9, 1921.

(1) Remittances are to be made through the Missions of the Commisariat of Foreign Trade in foreign countries.

(2) Money for remittance may be accepted from private persons or public organizations without any limit on the amount. (3) The money to be accepted must be in the respective foreign currencies as cash or in checks.

(4) The payment of such foreign money orders in Russia shall be made in Soviet money in the full amount, at the rate of exchange which shall be periodically fixed by the Commisariat of Finance with the concurrence of the Commisariat of Foreign Trade and the Labor-Peasant Inspection.

(5) All correspondence regarding remittances must go through the International Accounts Section, which notifies the receiver of the remittance and pays him the money.

(6) The amount of the dues to be levied on such transactions shall be fixed by the Comissariat of Finance. Spain.

Electrical Standards Adopted.

A royal decree has been issued by the Ministry of Public Works, arranging for the adoption of legal electrical standards, as follows:

I. The legal units for the measurement of electric power in Spain shall be founded upon the electro-magnetic system, adopting as basis units: for resistance, the international ohm, and for intensity of current the international ampere.

II. The Minister of Fomento, consulting with the permanent Spanish Commission on Electricity, shall dictate the necessary regulations for the application of this decree, which shall comprise the following:

(1) Specification of the two above-mentioned primary units in accord with international regulations.

(2) Definition and specification of all the other units used in the application of electricity, which are subject to legal requirements, or, in the absence of same, to the agreements adopted by international assemblies which have met for this purpose; also the definition and specification of units relative to those magnitudes for which the above-mentioned precedents are lacking.

Denunciation of "Modus Vivendi."

The Governments of France and Spain have agreed that the "Modus Vivendi" regulating the commercial relations of the two countries, which was to have expired September 10, 1921, is to be extended for a further period of three months. It was also provided that unless denounced by either of the Governments before November 10, 1921, the arrangement is to be automatically extended from December 10 for another three months, until March 10, 1922.

In accordance with this agreement the government of Spain denounced "Modus Vivendi" prior to November 10, 1921. Termination of Treaty with Norway. See "Norway" above. Switzerland.

Limit in Weight of Parcels from the U. S.

Pursuant to an agreement between the U. S. Post Office Department and the Postal Administration of Switzerland, effective September 1, 1921, the maximum weight limit of parcelpost packages exchanged between the United States (and its island possessions) and Switzerland will be increased from 11 pounds (5 kilograms) to 22 pounds (10 kilograms).

The transit rate on parcels which exceed 11 pounds in weight will be 18 cents.

Union of South Africa.

Grades for Exported Butter.

A notice has been published in the South African Official Gazette that fixes the grades of butter for export, which shall be designated as creamery, ungraded, farm butter, or cooking butter. No butter shall be exported which contains more than 16 per cent of moisture or one-half of 1 per cent of boracic acid. Butter denoted as creamery butter is that made by a registered creamery, and ungraded farm butter includes all other classes, except cooking butter.

United States of America.

Limit in Weight of Parcels to Switzerland. See "Switzerland" above.

24

Peace with Austria. See "Austria" above.

Peace with Germany.

The following proclamation was made by the President on November 14, 1921: "Whereas, by a joint resolution of Congress, approved March 3, 1921, it was declared that certain acts of Congress, joint resolutions and proclamations should be construed as if the war between the United States of America and the Imperial German Government had ended, but certain acts of Congress and proclamations issued in pursuance thereof were excepted from the operation of the said resolution :

"Whereas, by a joint resolution of Congress, approved July 2, 1921, the state of war which was declared by the joint resolution of Congress, approved April 6, 1917, to exist between the United States of America and the Imperial German Government was declared at an end;

"Whereas, a treaty between the United States and Germany was signed at Berlin on August 25, 1921, to restore the friendly relations existing between the two nations prior to the outbreak of war, which treaty is word for word as follows:

(Here is given the text of the treaty.)

"And whereas, the said treaty has been duly ratified on both parts, and the ratifications of the two countries were exchanged at Berlin on November 11, 1921:

"Now, therefore, be it known, that I, Warren G. Harding, President of the United States of America, hereby proclaim that the war between the United States and Germany terminated on July 2, 1921, and cause the said treaty to be made public to the end that every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof."

Participation in Brazilian International Exposition. The following resolution of Congress was approved by the President on November 2, 1921, providing inter alia that:

"Whereas, the United States has been invited by the Republic of Brazil to take part in an international exposition, to consist of exhibits relating to farming, cattle industry, fisheries, mining and mechanical industries, transportation, communication, commerce, science and fine arts, special emphasis to be placed upon forestal and manufacturing industries, to be held at Rio de Janeiro, commencing the 7th day of September, 1922:

"Therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that said invitation is accepted.

"Section 2. That the President is hereby authorized to appoint a commissioner-general and five commissioners to represent the United States in the proposed exposition, the amount of whose compensation shall be determined by the Secretary of State.

"Section 3. That officers and employees of the executive departments and other branches and institutions of the Government in charge of or responsible for the safe-keeping of objects, articles, and so forth, property of the United States, which it is desired to exhibit, may permit such property to pass out of their possession for the purpose of being transported to and from and exhibited at said exposition as may be requested by the commissioner-general, such exhibits and articles to be returned to the respective departments and institutions to which they belong at the close of the exposition: Provided, that the commissionergeneral, with the approval of the President, at the close of the exposition may make such disposition of the buildings and other property of the United States used at the exposition, which it will not be feasible to return to the United States, as he may deem advisable.

"Section 4. That the Shipping Board is authorized to give the commission such assistance as may be necessary and to make special rates and special sailing schedules for the transportation of governmental and private exhibits and participants to and from the exposition.

"Section 5. That the Secretary of Agriculture is hereby authorized to collect and prepare suitable specimens of the agricultural and forestal products of the several States of the Union for exhibition at the exposition and accompany the same with a report respecting such production, to be printed in the English, Spanish, and Portuguese languages, the expense of the same to be paid out of the appropriation hereinafter provided for.

"Section 6. That the Secretary of Commerce is hereby authorized to collect and prepare a suitable exhibit of the fisheries industry of the United States for exhibit at the said exposition and accompany the same with a report respecting such industry, to be printed in the Englsh, Spanish and Portuguese languages, the expense of the same to be paid out of the appropriation hereinafter provided for.

"Section 7. That the Secretary of the Interior is hereby authorized to collect and prepare a suitable exhibit of the mining

industry of the United States for exhibition at the said exposition and to accompany the same with a report respecting such industry, to be printed in the English, Spanish and Portuguese languages, the expense of the same to be paid out of the appropriation hereinafter provided for.

"Section 8. That in order to defray the necessary expenses above authorized, including the salaries of commissioners and employees, the cost of preparing the various Government exhibits, construction and equipment of building, and acquisition, preparation, and maintenance of site and grounds, the sum of $1,000,000 or so much thereof as may be necessary, is hereby authorized to be appropriated. Extension of Treaty of 1899.

See "Canada" above.

Emergency Tariff Act Extended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Titles I and V of the Act entitled "An Act imposing temporary duties upon certain agricultural products to meet present emergencies and to provide revenue; to regulate commerce with foreign countries, to prevent dumping of foreign merchandise on the markets of the United States; to regulate the value of foreign money; and for other purposes," approved May 27, 1921, shall continue in force until otherwise provided by law. Approved by the President on November 16, 1921. West Indies (British).

Ratification of Trade Agreement.

The Canada-West Indies Trade Agreement was formally ratified September 1, 1921, by proclamation by all the Presidencies of the Colony of the Leeward Islands (St. Kitts-Nevis, Antigua, Dominica, Monserrat) and British Virgin Islands.

INSURANCE LAW NOTES.

1. Great Britain.

A marine insurance policy on goods and freight valued at £26,025, contained the clause, "Claims, if any, to pay at the rate of $4.15 to £1 sterling." The policy provided in terms for the payment of a total loss claim in sterling. In an action claiming for a total loss:

Held, (Atkin L. J. dissenting), that the above clause only applied to claims which from their nature might require to be translated from dollars into sterling, such as general average or salvage claims, and had no application to a claim for a total loss. Decision of Bailhache J. (37 T. L. R. 32) affirmed. Howard, Houlder and Partners v. Union Marine Insurance Co., C. A. 37; T. L. R. 579.

California.

2. United States of America.*

A contract by an insurance company made in one state and executed elsewhere may, by its terms, incorporate the law of another state and make its provisions controlling upon both the insurer and the insured.

The general rule is that, in the absence of statutory prohibition, the parties may stipulate that the policy shall be construed and governed by the laws, usages, and customs of a foreign state, and such laws, usages, and customs as are applicable shall be deemed to be a part of the written contract.

A marine policy stipulation that the English law should govern in determining what should constitute a constructive total loss under the policy held not violative of public policy, notwithstanding the provisions of Civ. Code, 2705, 2717, as to what constitutes a constructive total loss, such provisions not being mandatory upon the parties. Boole v. Union Marine Ins. Co., 198 P. 416.

New York.

An insurance company issuing an automobile liability policy on an automobile truck owned by a foreign corporation, wherein it agreed to "pay all costs and expenses incident to the investigation, adjustment and settlement of claims, and all costs, taxed against the assured in any legal proceedings defended by the company," owed the duty of defending the assured against the attachment incident to an action for damages for death of pedestrian, and assured, having defended against the attachment, was entitled to recover the reasonable and necessary expenses to which it was subjected. Green River Distilling Co. v. Massachusetts Bonding & Ins. Co., 189 N. Y. S. 263.

*Copyright, 1921, by West Publishing Co., St. Paul, Minn.

AMERICAN BRANCH OF THE INTERNATIONAL LAW ASSOCIATION.

The International Law Association was founded in 1873 at the suggestion of Elihu Burritt, initiated by Dr. Miles and supported by many distinguished members of the American Bar. Its membership included at various times David Dudley Field the famous codifier, Senator Charles Sumner, President Woolsey of Yale, President Barnard of Columbia, Hon. Reverdy Johnson, Judges Emory Washburn of Boston and Charles A. Peabody of New York, Judge Dillon and Professor Cooley. Among representatives from other nations who became interested in the activities of the Association from time to time were Sir Travis Twiss, Passy. Pierantoni, Rolin-Jaequemyns, Bluntschli, Mancini, Sir Robert Phillimore, Windscheidt, Asser, Dr. D. Josephus Jitta, Lord Alverstone, Lord Justice Kennedy, Edouard Clunet and Earl of Reading.

The Association has held thirty conferences in the various cities of the world, two of them in the United States, at Buffalo in 1899 and at Portland in 1907. The conferences have dealt with a wide range of international topics and the draft statutes and resolutions adopted at the conferences have often received official recognition and have achieved notable success in promoting the progress of international trade relations. The YorkAntwerp Uniform Rules of General Average are today incorporated in bills of lading and charter parties throughout the world. The Rules for Bills of Exchange adopted in 1908 at Budapest have served as a basis for work in the field of worldwide unification. The Hague Rules of Affreightment adopted in September 1921 are about to be presented to various legislatures and unofficial bodies for adoption. The Association has also dealt with recognition of foreign companies, comparative law and procedure, the law of aviation, international rules for the sale of goods and many special problems such as arbitration and judicial settlement and was active in the codification of certain fields of International law. The next conference of the Association is to open at Buenos Aires on August 24th, 1922 and it is hoped that there will be a large attendance from North America emphasizing PanAmerican friendship and comity.

The movement to found the American Branch of the International Law Association, which was on foot for some time past, finally materialized and the first annual meeting of the Branch took place at the House of the Bar Association of the City of New York, on January 27, 1922.

The meeting was presided over by Mr. Hollis R. Bailey of Boston and Mr. Arthur K. Kuhn of New York acted as Secretary. The Secretary presented proposed constitution for the organization. After detailed discussion clause by clause and the adoption of minor amendments, the Constitution, as presented by the Committee on Constitution, was unanimously adopted. Upon motion of Professor Keedy, as chairman of the Committee on Nominations, the following members were elected for permanent officers for 1922:

The contents herein are based on the "Commerce Reports" of U. S. Department of Commerce, publications of foreign governments and original contributions by our collaborators.

Honorary President, Hon William Howard Taft; President, Hollis R. Bailey; Honorary Vice-Presidents, Rt. Hon. Sir James Aikins, Rt. Hon. Sir Robert Borden, Hon. John W. Davis and Hon. Everitt P. Wheeler; VicePresident, Hon. Charles B. Elliott; Treasurer, Hamilton Vreeland, Jr.; Honorary Secretary, Arthur K. Kuhn; Executive Committee, Francis W. Aymar, Ira H. Brainerd, Oliver H. Dean, Charles Noble Gregory (chairman), Edward A. Harriman, W. O. Hart, Edwin R. Keedy, Russell H. Loines, Hon. P. B. Mignault, and Hon. Harrington Putnam.

Mr. Loines presented a report that he, with Mr. J. Parker Kirlin, and a number of other gentlemen interested in maritime law, had attended a Conference in England in November, 1921 on the Hague Rules of Affreightment. It was then agreed that the adoption of the Rules by proper legislation should be recommended to all the maritime nations of the world. It is understood that the United States Congress will shortly open hearings in reference to same.

The American Branch counts already over one hundred members. Twenty-eight new members were duly admitted at the annual meeting. It is earnestly hoped that all persons, corporations and institutions interested in the advancement of the science and practice of international law should lend their support and assistance to the new chip of the old tree. Applications should be addressed to the Honorary Secretary, 120 Broadway, New York City, U. S. A.

At the first annual dinner held at the Plaza Hotel, New York City, in the evening of the same day the topic for discussion was "International Law and Future." Mr. Frederic R. Coudert, of New York, presided. Judge Harrington Putnam called attention to the danger to the peace of the world involved in the doctrine of so called jus angariae as developed and practiced by maritime nations in recent times. He recommended that consideration be given either to its abolition as a principle of international law, or else to its modification so as to bring the seizure of neutral shipping within reasonable limits. Dean Charles Noble Gregory spoke upon codification and growing need for greater certainty in the rules of international law, especially now that the world had been presented by the League of Nations with a real international tribunal. Professor Charles Cheney Hyde thought that the American Branch might prove useful in cooperating with the Governmental departments in solving international legal problems, and even upon occasion, in presenting helpful criticism. Mr. Arthur K. Kuhn referred to the work of the parent Association in promoting legislation and elaborating standard contract clauses for the use of merchants in international commerce. He pointed out the unique character of the Association's international conferences in bringing together members of the Bar and commercial interests from all the principal countries of the world for practical discussion and the initiation of reform in private and public internatonal law. The dinner was well attended, there being present representatives of the Bar from various States.