this year, a draft of a Constitution for the republic of China, covering over a hundred pages. A bibliography is prefixed, containing a list of books consulted. Among the authors named are Anson, Ashley, Bagehot, Bentham, Bourgeaud, Boutmy, Burgess, Bryce, Cooley, Dicey, Dodd, Esmein, Laband, Goodnow, Gneist, Maitland, Munro, Sidgwick, Todd, Low, President Lowell, and Wilson. Of the books listed, England supplies 17, the United States 14, France 11 and Germany nine.

Dr. Wang is the author of the excellent translation into English of the Imperial Civil Code of Germany, published at London in 1907.


Connecticut has joined this year the number of states which allow their municipal corporations large power in altering their charters, by the use of the referendum, in respect to matters of local government.

The system of preferential voting in municipal elections was adopted in June, 1912, by the city of Nashua, New Hampshire, and in July by Cleveland.

The Dusseldorf college for instruction in municipal administration has published its first annual report. There were 24 instructors, 130 matriculated students, and nearly 50 others, not matriculated. In the winter semester of 1912-1913 more than 20 regular courses were given, besides a considerable number of single lectures.


The periodical representing the International Alliance for Woman Suffrage, Jus Suffragii, asserts that the result of the votes last fall, in several of the United States, extending suffrage to women, has brought the number of women electors in the United States up to 2,666,000. It estimates those in the rest of the world at about 1,334,000, the Australian Commonwealth and New Zealand contributing together over a million. It is, however, in error in including Michigan in the list.

An international alliance of men for women suffrage was organized at London in October, 1912, by representatives from 11 nations.


The English White Slave Traffic Act, which became law in December, 1912, allows whipping to be inflicted on those guilty of violating its provisions.

An act of Parliament in Saskatchewan went into effect May 1, 1912, prohibiting any white woman from entering, except as a customer, any restaurant, laundry, office, or place of amusement, belonging to or controlled by a Chinese, Japanese, or other Oriental.1


In Germany an imperial ordinance of July 19, 1911, which took effect January 1, 1913, now provides for full compensation for injuries to workmen, resulting in obscure nervous disorders purely of a subjective character. This makes clear a doctrine which before was questionable, and emphasizes the difference between German and French jurisprudence in this particular; the latter requiring proof that the disorders were the direct and immediate result of the injury."


In France teachers in the public schools have been forbidden to form trade unions, although they were, in 1905, allowed to associate for the promotion of their general welfare. Since then teachers' "syndicates" have been common, having for their professed object to better the social and financial condition of their members. At an annual meeting of a national federation of these syndicates held in August, 1912, resolutions were adopted expressing sympathy with trade unions, and pledging financial aid to "their comrades, the syndicated soldiers." The ministry

18 Revue de l'Institut de Droit Comparé, VI, 214.
"Revue de l'Institut de Droit Comparé, VI, 180, 181, 189.

immediately issued a decree for the dissolution of all teachers syndicates before September 10, 1912. In November, 1912, M. Poincaré, since elected President of France, observed in a public address, that "public servants have some social advantages which neither workmen nor farmers possess, and consequently they have not a right to the same independence." This language was general and applied to all associations of civil servants, those of the teachers included."


The Fourteenth Amendment to the Constitution of the United States provides that all persons born in the United States and subject to their jurisdiction are citizens of the United States and of the state wherein they reside. It has recently been held by the federal courts that such a person who had permanently removed from the state of her birth to a foreign country could not be sued in those courts as a citizen of that state, for she had lost that character by her change of domicile; nor as an alien, because, not having been naturalized elsewhere nor committed any act of national expatriation, she remained a citizen of the United States."


The Australian Commonwealth adopted some years ago the principle of compulsory registration of electors. Every person qualified for enrolment must make application for it. A recent official compilation of the lists in the six states of the commonwealth shows that about ten per cent more register now than under the voluntary system which prevailed in 1909."

The Parliament passed in 1912 (Oct. 9) a Workmen's Compensation Act; an Inter-State Commission Act; and a "Maternity Allowance Act," which gives a bonus, up to a maximum of

15 Report of U. S. Commissioner of Education for 1912 (I, 524). 16 Hammerstein vs. Lyne, 200 Federal Reporter, 165.

"Schedule No. 12, Commonwealth of Australia, Department of Home Affairs, January, 1913, 102.

£5, in respect of every child born in the commonwealth of white parents. During the first three months after the latter took effect nearly 20,000 claims were filed. It is expected to require payments of $2,400,000 during the year 1912-13. Old age and invalid pensions are now paid by the commonwealth to over 92,000 persons, amounting in all to about $11,000,000 a year.

The Parliament in 1912 also amended the Referendum (Constitution alteration) Act, so that, in case of subsequent referendums, arguments of not over 2000 words, prepared with the approval of the members voting for the proposed law, shall be printed and mailed at public expense to each voter. A similar provision is made for the circulation of such arguments submitted by a majority of the members voting against it."

A change of ministry was made in July, 1913, and was soon followed by a repeal of a rule, which had been in force for some time, of giving union labor a preference on public works. The Premier announced that the government deemed this to be required by the principles of public control of services to the commonwealth, and of equality of opportunity for all citizens.


On the first of January, 1913, the Council of the Russian Empire ratified a law passed by the Duma, which finally abolishes serfdom. The emancipation rescript of 1861 was clogged by some restrictive provisions, and did not extend to the Caucasus at all. The new law is general in terms and universal in application.


The independence of Norway was soon followed by her enactment (July 12, 1910) of a general incorporation law for business purposes, which is the subject of an extended review in a recent issue of the Revue de l'Institut de Droit Comparé (V 36).

Schedule 12, January, 1913, Commonwealth of Australia, Department of Home Affairs, 97, 150.

It went into effect January 1, 1911, and surrounds the formation of such corporations with many formalities and large publicity. No preliminary contracts between promoters or between them and others are valid unless approved by the shareholders. The entire capital must be subscribed before the organization is completed, unless the right to dispense with this be reserved in the official prospectus, which is to be filed for publication.

There may be only a single director, but, whether one or many, they are subject to the control of the shareholders to a much greater extent than is usual in the United States. Their term of office is two years, subject to a recall by a two-thirds vote of the shareholders.

Questions as to the right to vote of one claiming to be a shareholder are decided by the majority of those, not including him, attending the meeting at which the claim is made. An appeal to the courts may be taken; but only within three months.

Foreign corporations are admitted to do business, on filing a certificate from three lawyers, attested by the Norwegian consul, that they are duly incorporated, and appointing a business agent residing in the kingdom. It is his business to file in a public office particulars of the financial condition of the company which he represents.

Foreign banks and all foreign corporations issuing shares in favor of the bearer must publish annually in a designated journal a statement of their financial condition at the close of the preceding year, and a second special statement of that of their Norwegian branch.


Brazil in August, 1912, adopted a general law regulating checks drawn on banks or private bankers. The instrument must express on its face that it is a "check." The day and month of the date must be written out in words. To hold endorsers, presentment must be made within five days, if the check be payable at the place of issue; otherwise within eight days. A greater delay will also destroy any remedy against the maker, if

« ForrigeFortsett »