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INTERNATIONAL LAW ASSOCIATION.
By A. A. MITCHELL.
As regards deterrence, I can conceive of no stronger deterrent, short of the death penalty, THE STOCKHOLM CONFERENCE OF THE in the case of an old offender, than the knowledge that if he again relapses into crime, it will not be another case of having to do time— three, five, or seven years-but will be a case of being locked up for the rest of his life, or at all events until he is a frail old man,
I realise, however, that the difficulty attending the success of any such scheme is that it requires not merely resolution to adopt it, but sustained resolution to carry it out; and whether in peace or in war, the great weakness of the democratic institutions to which, in common with most of the world, we are now committed, is the want of sustained resolution. It would be an essential condition of the success of any such scheme that it should be inexorably carried out. It would render the scheme quite unworkable if it were possible for a man sentenced to this mild form of detention to obtain release as soon or nearly as soon as if he had been sentenced to ordinary penal servitude. Under Sir Robert Anderson's scheme the sentence had no term. It may be, however, that a long definite sentence would afford less scope for the indulgence of that perpetual itching to get the man out which, from the point of view of prevention, is the great obstacle to the success of any such scheme.
To put the matter in a practicable shape, it is suggested that for crimes of dishonesty by hardened offenders who have been repeatedly convicted, five years should be regarded as the normal maximum of a sentence of penal servitude. If the case is one which under the present system would call for a longer sentence, the criminal should be sentenced to a term of preventive detention for a period of not less than ten, or, it may be, twelve years. This sentence should be carried out inexorably, subject only to the qualification, for the sake of discipline, that a certain limited remission might be earned by good conduct. The sentence should be regarded as being, whilst protective of society, the punishment for the man's crime, not, as at present, something tacked on to his punishment, which latter idea is the obstacle to the working of the present scheme. I wish it, however, to be understood that these are mere suggestions. The subject is far too difficult for confident propositions.
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The thirty-third Conference of the International Law Association, held at Stockholm this summer, was a great success. The most directly practical work was the formulation of Rules on General Average. This work was accomplished by a large committee presided over by Sir Norman Hill, on which shipping interests were largely represented, and which sat simultaneously with the main body of the Association. Rules were agreed upon, which, if acceptable to the interests concerned, will be incorporated with the well-known YorkAntwerp rules formerly framed by the Association. A short account of the more general topics dealt with by the Association may y interest your readers.
The Committee on Nationality and Naturalisation gave instances where the effect of the different laws of different States is to cause a person to be recognised as a citizen by no State, or to be claimed by two States. They suggested that jus soli should be adopted in preference to jus sanguinis, with a provision authorising the father, being the citizen of another State than that in which his son is born, to register the son as of his (the father's) State, with the further provision that the son, on attaining majority, may opt for the State of his birth. With regard to the question whether a woman shall on marriage acquire her husband's nationality, the committee's solution was more complicated, the main intention being to prevent statelessness or double nationality. În no case shall a woman acquire her husband's nationality against her will formally expressed. The committee's report was adopted subject to drafting amendments.
As the outcome of a resolution of the Buenos Ayres Conference, 1922, remitting to the Council to prepare a code of procedure for an international criminal court to deal with war crimes, a draft, founded, inter alia, on the Convention establishing the permanent Court of International Justice at The Hague, was submitted. The opinion of the Association was found to have undergone some change since 1922. The principle of an international criminal court was now powerfully attacked by a distinguished ex-naval officer and colonial administrator, who asked if Great Britain would have been prepared to hand over to an international court, for acts which might have been regarded as contrary to international law, Lord Howe or Lord Kitchener, and who also argued that raking up past offences would hinder appeasement after the termination of
The report of the Civilian Prisoners of War Committee started by condemning the principle of the internment of civilians. It went on to propound a code of rules to ameliorate, as far as possible, the condition of those civilians whose internment might, exceptionally and "for military reasons," be justified. A notable incident at this sitting was the unanimous and unqualified condemnation of the practice, revived by the Peace Treaties, of attaching the private property of nationals in satisfaction of the debts of their States.
wars. The project was sent back for further is based upon a mistaken view of the law of consideration. The truth is that an inter- such country seems to open the door to an national criminal court is better adapted to deal extensive consideration of the merits of the with the isolated acts of subordinate persons foreign judgment. On the other hand, a than acts of military or naval policy for which mistaken view of private international law was the high command or the head of the State not to be a ground for refusing exequatur. or the State itself can alone be regarded as After adopting the principle of enforcing foreign responsible. judgments in such wide terms, the Association A report was presented by the Committee on passed a resolution requesting the League of Aerial Navigation. No serious difficulty arose Nations to enquire and report as to the political in regard to the regulations dealing with a time and economic independence of the judges in of peace, which had already been considered each country. That, of course, was all right, at The Hague or at Buenos Ayres. Substanti- but the preamble of the resolution declared that ally an airship is assimilated to a ship passing" the judgments of some countries are not all through the territorial waters or within the ports of such a nature as to merit enforcement and harbours of another State. For acts taking abroad," and that no nation will undertake effect outside of the airship, the airship is to be to execute a foreign judgment against a citizen responsible, civilly and criminally, to the law or resident of its own when the judgment is and jurisdiction of the State flown over. Purely suspected of having been improperly obtained, internal acts are to be subject to the law and which seems to leave in some uncertainty the jurisdiction of the airship's own State-" the region within which enforcement of foreign law of the flag." With regard to the use of judgments is to take effect. aircraft in war, the Buenos Ayres Conference had thought that the Committee's then definition of a military objective which might law fully be bombed was too wide, and would justify the bombardment of large centres of civil population which happened to contain a small number of troops or military stores. The Committee now submitted an amended clause. An interesting discussion took place on the question whether aircraft should possess the right to visit and search merchantmen, as recommended by the Committee. It was argued that aircraft were not able to visit and The report of the Neutrality Committee on search merchantmen in the recognised manner, territorial waters was, on account of difficulties, put a prize crew on board, and take the merchant- and want of agreement, referred back. The men into a port for adjudication. Their only Committee was not unanimous, but the majority weapon was the threat to bomb from the air. supported the old three-mile limit as most The Committee's draft permitting visit and favourable to international commerce and cosearch was adopted, but as the draft added, operation. Indeed, the member of the Com"The law of prize applicable to naval capture mittee who principally spoke to the Committee's shall apply to capture by aircraft," it perhaps report went so far as to say that it was his comes to the same thing. The right is given, personal view that there should be no territorial but expressly on conditions with which it seems waters at all. It was of interest that our difficult or impossible that aircraft can comply. Scandinavian hosts claim a greater extent of A report was presented by the Committee territorial waters, partly on account of the on Foreign Judgments and adopted by the configuration of their coast, partly founding Association. In addition to domicil and resid-on international usage in their case, extending ence, locus contractus and locus delicti commissi were recognised as founding jurisdiction, apparently without requiring that service should be made on the defendant within the jurisdiction. On the other hand, "no exequatur shall be granted when the cause of action is contra bonos mores or contrary to the public order of the country in which the execution is sought." A rather vaguer exception excludes a judgment which "encroaches on the sovereignty of " the country in which execution is sought, while the exclusion of a judgment "which
over centuries, to that effect, and partly for the protection of their fisheries. Another interesting point was the expression by English and French speakers of approval in principle of the agreements made between Great Britain and the United States to facilitate the enforcement of the American liquor laws. These sentiments were not voted on but seemed to elicit a large measure of support from the Association.
The writer was not able to be present at the Friday meeting, when papers were read on,
The beauty of the Venice of the North needs no pointing out. In the case of the writer it was the appropriate culmination of a pleasant tour via Denmark and the Gota Canal. Everybody, from the King and the Crown Prince and Princess downwards, conspired to make our visit memorable, and we were fêted not only in the beautiful new Town Hall but at a gala performance at the opera, at Saltsjobaden,
inter alia, "National Control of Unfair Com-up by hearing them debated, is a liberal petition in International Commerce," by a education in law and some help in language member of the American and English Bar, and study. It is a pity that the Scottish Bar alone 'A'New' International Law, by Sir John should, since the late Mr Galbraith Miller and Fisscher Williams. The latter roused con- Mr F. R. Sanderson, now judge of the Court of siderable interest. The author thought the Appeal in Egypt, be unrepresented, but the effect of the Covenant of the League of Nations "lower" branch of the profession in Scotland was to enable international law at last to shewed, by the presence of several of its distinguish between just and unjust wars. members, its interest in the liberal study of law. Secondly, he thought the new international law would be more a law of peace and less a law of war. One, indeed, often hears the view that war itself will be sooner abolished than barbarities in war, and that the only way to abolish barbarities in war is to abolish war itself, and, in the debate on an International Criminal Court, one heard again the old bad plea that severity in war shortened war and So was most humane. The writer would involving an hour's sail among the fjords and venture to deprecate this tendency to disparage the laws of war. That war is necessarily frightful is a reason for doing everything to abolish it, but no reason, while it does or may exist, for doing nothing to mitigate its horrors. The last session of the conference was devoted to the question of the protection of minorities, and resolutions were passed facilitating the protection of racial minorities by the League of Nations as provided in the Peace Treaties. The papers submitted on this subject, indeed, went far beyond this limited scope and sought to
secure international protection for all minorities in every State. This is an instance of a tendency that has often appeared at this and other conferences of the Association. At The Hague in 1921 a well-known international jurist (an Englishman too) roundly declared that modern States are the greatest lawbreakers. To an Englishman or Scotsman, accustomed to a legally omnipotent legislature and brought up on Bentham and Austin, the statement, in its literal sense, has no meaning, but one can very well see what is meant. The democratic State is as capable of injustice and oppression as any personal ruler. Leviathan badly wants a hook in his jaw if it could be done. But here, as elsewhere, it is easier to appreciate the evil and danger than to devise a remedy. To say that any disgruntled class, aggrieved, quite possibly with reason, at the legislative, administrative, or judicial acts of its State, is to have a right to appeal for protection or redress to the League of Nations or some other international authority is to open a very wide door indeed.
Your readers can judge for themselves the variety and interest of the subjects treated. The papers and reports are printed (mostly in English but some in French or German) and circulated beforehand, and, even if one takes no active part in the discussions, the reading of these papers and reports, followed
islands, and at the ancient cathedral and university town of Upsala. Marseilles, where the Association is to meet in 1926, has not the unique attractions of Stockholm, but our French colleagues may be relied upon to give us a welcome as cordial as, though they can scarcely surpass, that which we received in Sweden.
It appears that in some quarters there is an impression that the Scots Digest will cease to be published in view of the new Faculty Digest now in course of publication. The publishers of the "Scots Digest" ask us to state that this is not the case. The present
Scots Digest" covers the period from 1800 to 1923 (the new "Faculty Digest" from 1868 to 1922) in eight volumes, and the usual annual and other supplementary volumes will be issued with their customary rapidity in the same way as heretofore. The distinctive features of the Scots Digest," not the least of which is the form of arrangement and type, are too well known to require repetition here; they have stood the acid test of many years of consultation by the profession, and we do not doubt will continue to merit its favour. This is the only available digest covering the whole period of case law from 1800 to 1923, and as it was largely printed prior to the increase in printing costs, the price asked for the complete set of eight volumes is the modest one of eight guineas.
It is officially announced that, in view of the provisions of Part II. of the Administration of Justice Act, 1920, which provides for the enforcement in England, Scotland, or Ireland
of judgments obtained in any parts of His Majesty's dominions outside the United Kingdom or in any territories under His Majesty's protection to which the Act extends, the Legislature of Victoria has made reciprocal provision for the enforcement therein of judgments obtained in the High Court in England, the Court of Session in Scotland, and the High Court in Ireland, and an Order in Council has accordingly been issued extending Part II. of the Act to Victoria.
The operation of the above-mentioned Order in Council is confined to England, Scotland, and Northern Ireland, and similar provision has not yet been made as regards the Irish Free State by the Government of the Irish Free State. (Colonial Office, 17th November 1924.)
SOCIETY OF ADVOCATES IN ABERDEEN.-At the annual general meeting of the Society of Advocates in Aberdeen, held on 25th November 1924, Mr William Rae, who had held the office of treasurer for the past two years, was elected president; Mr R. M. Williamson was elected treasurer; Mr Frederick W. Kay, secretary, factor, cashier, and librarian; and Mr Harvey Hall, auditor.
THE death occurred suddenly on Saturday morning last of Mr David Buttar, a well-known Dundee solicitor. Deceased was a son of the late Mr David Buttar, of Corston, Coupar-Angus, and is survived by a widow and family, his wife being a daughter of the late Mr R. L. Watson, distiller, Dundee. Mr Buttar held the appointment of Clerk to the Income Tax Commissioners. In 1905 he was elected a representative of the Second Ward at Dundee Town Council, and served for three years.
OF TESTATOR FINANCE (1909-10) ACT, 1910 (10 EDW. VII. c. 8), SECTIONS 66 AND 72.-Trustees were directed to hold certain real estate for the testator's eldest son absolutely upon his attaining twenty-one years, and to realise and invest the residue of the estate and stand possessed of the same for the testator's children (including the eldest son) in equal shares. Power was given to apply part of the capital of each child's share and the whole of the income for the benefit of the child. The trustees were further directed to accumulate by investment the unapplied surplus of the income, and to add it, subject to the same liability to be applied as capital, to the property or share from which it should have arisen. The testator was survived by one son and three daughters. In the year 1918 the trustees accumulated the income of the real estate and of the residue in accordance with the directions of the testator, and for the year ending April 1919 the son, who was still in minority, was assessed to super-tax in a sum of £4000 under the Finance (1909-10) Act, 1910, section 72 (2) and (5), in respect of the income arising from the real estate and from one-fourth of the residue. Held that as there was a trust to accumulate the income during the son's minority, subject to a power to apply sums for his benefit, the accumulations were not income of the son within the meaning of section 66, subsection (1), of the Act, and were not assessable as such to super-tax.-K.B. Div. (Rowlatt J.).-7th July
CURRENT LAW LITERATURE.
WE regret to record the death of Mr Alexander Jeans, solicitor, Partick. Mr Jeans was born The Parliament House Book, 1924-25. Centenary in Nairn seventy-five years ago, and educated at the parish school there. He adopted the A Treatise on the Law of Partnership by the late
law as his profession, and served his apprenticeship in Nairn. He studied at Edinburgh University, and ultimately started in practice on his own account in Partick. For twenty-one years he was Procurator-Fiscal of the burgh. Mr Jeans was a Liberal in politics, and took a leading part in the local campaigns. He was much interested in church matters, and was an elder in Victoria Park U.F. Church.
Issue. W. Green & Son Ltd.
Lord Lindley. Ninth Edition. By The Hon. Walter B. Lindley, a Judge of County Courts, assisted by J. S. P. Mellor, B.A., Oxon., Barristerat-Law. Sweet & Maxwell Ltd. Price 55s. net.
Lawyer's Companion and Diary, 1925. Edited
by E. Layman, Barrister-at-Law. Seventy-
Secretarial Practice. The Manual of the Chartered
Price 108. net.
THE LATE MR D. M. M. MILLIGAN,
ADVOCATE IN ABERDEEN.
The profession, and in particular those lawyers associated with the North of Scotland, will feel a sense of deep loss in the death of Mr Milligan of the legal firm of Messrs Davidson & Garden, one of the best-known advocates in Aberdeen and the North of Scotland. Mr Milligan, who died at his residence, 20 Albyn Place, Aberdeen, on 20th November last, had been in illhealth for almost a
Mr Milligan held the influential and responsible office of president of the Incorporated Society of Law Agents from 1907 to 1910. He was
a member of the Society of Advocates in Aberdeen for thirty-nine years, and his career during that period furnishes a remarkable instance of professional skill and
The son of an ex-Moderator of the General 05 Assembly of the Church of Scotland, Mr Milligan
titioners of the northern sheriffdom have always been proud of their reputation for excellence in pleading, and Mr Milligan undoubtedly assisted to maintain that high tradition. His style of address was fluent, persuasive, and in a peculiar degree attractive to listen to; and there can be little doubt that, had his lot been cast in the higher branch of the profession, he would have been an eminent member of the Scottish Bar.
On 1st January 1891 Mr Milligan was assumed as a partner of the well-known firm of Davidson & Garden, advocates in Aberdeen, and this change compelled him, although with reluctance, to discontinue his work as a pleader at the local Bar, it being difficult, if not impossible, for
a lawyer who carries on a busy practice in chambers to spare the time required for the adequate conduct of cases in Court.
The firm of Davidson & Garden is one of very old standing and high professional integrity, and as Mr Milligan was at the time less than
thirty years of age, his selection was a striking tribute to his ability and to the position which he had already earned. His subsequent career amply justified the wisdom of the choice which was made in selecting him. In the year 1904 he attained to the position of head of the firm.
was born at Musselburgh in 1861. He was educated at the Gymnasium, Old Aberdeen, and the University of Aberdeen, where he took the degree of M.A. in 1881. After serving a legal apprenticeship with the firm of Messrs Stronach, Duncan & Duguid, he, in 1884, qualified as a law agent, and in 1885 was admitted a member of Mr Milligan possessed, in a marked degree, the Society of Advocates in Aberdeen. In the the confidence of his clients and the respect of same year he was assumed as a partner in the his brethren with whom his work brought him firm of Messrs Murray & M'Combie, advocates into contact. He was factor and commissioner there. During the five years that he remained on a very large number of important estates in that office Mr Milligan acquired a high reputa- in Aberdeenshire, Kincardineshire, and Banfftion as a sound and reliable adviser, and his shire, and legal adviser to a number of leading name became extremely well known as a pleader commercial companies. He conducted several in the Sheriff Court of Aberdeen. The prac-important litigations; among others such well