boundaries, or may treat of specific interests, such as trade reciprocity for a brief period. The Constitution of the United States gives the treaty-making power to the President, who is to act with the consent of two-thirds of the Senate. The latter body, not having any organs of communication with foreign powers, cannot take the initiative in negotiating an international compact. It can only act on the finished work of the president, by confirming or rejecting it. It should be noted that there is no limitation of the treaty-making power, or restrictions of it, to any class or classes of treaties. The reasonable inference is that all treaties known to diplomatic history are within the range of this power, including reciprocity treaties, of which we have now several illustrations. Not long ago the constitutionality of a reciprocity treaty was gravely questioned, on the ground that it necessarily limits the powers of the House of Representatives to find ways and means of providing revenue. Under the treaty-making power foreign territory may be lawfully acquired. The Supreme Court has so held.

"Consuls represent not the sovereignty of the nation by whom they are commissioned, but rather its commercial interests. Their business is with the affairs of individuals, shipmaster and traders. They need not be citizens of the country, that they represent. A consul's authority to act comes from the government of the cou try where he resides, and is called an exequatur. A recent extension has been given to consular authority through treaties establishing courts in heathen and Mohammedan countries for the cognizance of suits to which Christians may be parties."

THE COURTS AND FACTORY LEGISLATION.-George W. Alger, Field '95, in the American Journal of Sociology, November, 1900, writes at length on this question. Mr. Alger has given much time to the question, and has frequently advocated measures before the New York legislature.

The article gives a comprehensive view of the attitude of the courts of England and the states of this country toward Factory Legislation. The cause and origin of this legislation is first explained.

It has always been a doctrine of the common law that an employee continuing in his employment after defects in appliances become known to him, assumes the risks incident to such defective conditions. In England it is left to the jury to decide from all the facts whether or not the employee assumed the risks incident to the defects. In most of our states the question is a matter of law for the judge. The common law assumes that employer and employee stand on an equality. Contractually, this may be true; the employee may, theoretically, leave an employer who refuses to supply proper appliances. Experience, however, demonstrates that employer and employee do not stand upon an equality, the fear of discharge being very frequently

sufficient to induce an employee to continue against his better judgment. Recognition of this inequality has brought about the so-called Factory Legislation in England and in this country. Legislatures seek to safeguard the lives and security of employees by compelling safe appliances, by forbidding employment of women and very young children, etc. Obviously, the intent of the lawmakers is to protect the employee against his own imprudence in assuming dangerous risks by seeking to prevent the possibility of such risks.

The author then asks: Can the employee under the doctrine of assumed risk be held to waive the duties imposed by such protective statues? If he can, Factory Legislation is evidently useless.

In England the courts have recognized the theory underlying these statutes, and have accordingly held that it is against public policy to allow the employee to render nugatory by his assent the provisions of the statutes.

In this country the attitude of the state courts toward the statutes is not uniform. In Illinois, Missouri, Indiana, North Carolina, and the Federal courts, the legislative intent is fully recognized and the employer is not allowed to plead that the employee voluntarily assumed risks, when a statute prescribes methods to avoid such risks. The United States Supreme Court (Holden v. Hardy, 169 U. S. 380, which is quoted at some length) holds that the court recognizes the inequality of employer and employee, and legislation of this character is clearly upheld by Judge Taft of the United States Circuit Court.

In New York the Court of Appeals refuses to recognize that public policy demands that this protective Factory Legislation shall not be rendered nugatory by the assent of the employee, designating such a doctrine as "new and startling." The employer may therefore disregard the statutes so long as the employee remains at work. The statutes are consequently nullified. The Court of Appeals applies the doctrine of assumed risk broadly to all actions brought by an employee against his employer.

In Ohio, Maine, and Minnesota, the courts likewise hold that the doctrine of assumed risk applies in all cases, despite the existence of protective statutes.

Mississippi, by its constitution, and Ontario, by its revised statutes, directly provide that the employee shall not be permitted to waive the provisions of such protective statutes. Such a remedy might be ap. plied in New York to bring about the result aimed at by the legislature

O. v. S.

HARLAN ALUMNI.-Stephen W. Gilman, '99, who, for the past two years, has been engaged by the state in devising and perfecting a system for keeping and auditing the state accounts, has opened a law office in Madison.

Otto Baumgarten, '99, who, since graduating from the law school, has been practicing law at Milwaukee, has been obliged to give up his practice for the present on account of ill health, and has gone to Colorado Springs, Col.

H. O. Seymour, '99, has taken a position with the Bell Telephone Company in Milwaukee.

George K. Tallman, 'oo, has opened a law office in Janesville, Wis. George Tilden, 'oo, has given up the law and is assistant cashier of an Ames, Iowa, bank.

Paul Gurnee, 'oo, has been appointed executive clerk by Governor La Follette of Wisconsin.

George Martin, '99, and Sidney Smith, '99, have formed a law partnership in Omaha, Neb., the firm name being Martin & Smith.

T. W. Brazeau, 'oo, is the junior member of the firm of Gogging & Brazeau, Grand Rapids, Wis.

W. S. Smith, 'oo, will not practice law, but will make geology his life work and has accepted a position on the Wisconsin Geological Survey.

George Nelson, ex-'or, is attending the Georgetown University law school.

J. M. Winterbotham, '99, has been retained as one of the attorneys in the Cook contested election case before the state legislature.

V. M.

GIBSON ALUMNI.-In the June BRIEF we noted at some length the atrocious murder of Prof. Roy Wilson White, the talented young professor in the University of Pennsylvania law school, who was doing so much for Gibson and for the local alumni interests. The following clipping is of interest:

"Philadelphia, Nov. 17.-In the Court of Oyer and Terminer to-day, Judge Arnold sentenced Henry Ivory and Charles Perry, two negroes, to death, they having been convicted of murder in the first degree in connection with the killing of Prof. Roy Wilson White of the University of Pennsylvania. Prof. White was murdered and robbed on the night of May 27. Ivory, Perry, and Amos Stirling were arrested charged with the crime. Ivory and Perry made confessions, charging Stirling with the murder. Stirling is under arrest, but has not yet been tried."

THE STATE of Legal EDUCATION IN THE WORLD.-This is an

address of Prof. Chas Noble Gregory, Harlan, associate-dean of the University of Wisconsin law school, as chairman of the Legal Education section of the American Bar Association, Saratoga, N. Y., Aug. 29, 1900.-Nov.-Dec. Am. Law Rev. A summary of his investigations is as follows:

Japan's first university was founded in 1868, and in 1899 a new university was founded by the government at Kioto, both of which Imperial Universities now include colleges of law. There are besides some ten private law schools having in 1896 4,436 students and 354 professors. "Japan, with its population of forty-two millions, has 1,565 practicing lawyers, less than one-third the number of her law students." "The law of Japan is codified extensively." China with more than 400,000,000 population has no lawyers, but "there are complete civil and criminal codes." "At the treaty ports there are consular courts administering foreign law, in which a few foreign lawyers practice."

"In India, with its 221 millions of people, there are no less than five classes of legal practitioners, starting with advocates and ending with revenue agents. There are four institutions in Calcutta affiliated with Calcutta University in Law, and seventeen or eighteen outside."

"The system on the continent of Europe is the long-established one of universities with the four faculties of letters, medicine, divinity, and law."

"Russia, with its 130 millions of people, has eleven law schools, including one in Siberia, and a total of 7,491 students registered in them. She has 2,538 attorneys and 1,649 assistants making a total of 4,187 attorneys and assistants. Thus it appears that there are nearly three times as many law students as attorneys in Russia, and nearly twice as many as attorneys and assistants combined."

"Every one of the twenty universities of Germany has a law faculty, and there were enrolled in them in 1899, 9,746 students of law, the German exceeding the Russian law students by about 2,300. The German law faculties include 149 regular professors, 31 special professors, and 41 private lecturers, making the proportion about one instructor to 44 students." "In 1897 there were 5,918 attorneys in the German Empire, with its 152,000,000 inhabitants, and the law students exceed by almost two-thirds the number of the attorneys, although the latter are more than twice as numerous in Germany as in Russia."

"France, with her 38,000,000 people, has 14 faculties of law, including one in Algiers; and January 15, 1900, they showed an enroll

ment of 9,709 students, just thirty-seven less than that of Germany, but 2,218 more than that of Russia, with its vastly greater area and population. The University of Paris alone reports 4,012, nearly onehalf of the above number." "France has 9,146 lawyers, but she has also 8,727 notaries, who do much of the business transacted by lawyers among us."

Notice the number of lawyers in Russia, Germany and France, respectively, and then note the author's statement that "Germany is a freer country than Russia, and that France is a republic."

"In England, the four Inns of Court show a registration of 9,780. Many of these, however, do not practice, being persons of fortune or in public positions. Some 3,000 appear in the London directory as practicing barristers, and there are some 16,000 qualified solicitors on the roll of England and Wales, which have a population of about 29,000,000." Again more lawyers and greater liberties.

In Brazil, "two law schools were created by an act in 1829, one at Pernambuco and one at S. Paulo." For sixty years there were only these two law schools there. Since 1888, however, many free law schools have been established, "as at Rio de Janeiro, Minas, and Bahia."

"In our neighboring Republic of Mexico, with her 12 millions of people, a national school of jurisprudence was organized under a decree of President Diaz of 1897. There are seventeen other law schools in the several states of the republic."

Canada "has five law schools with about 478 students. She has 3,934 lawyers, however, in her population of about 5,000,000."

The United States has, according to the census of 1890, 90,000 lawyers. "In 1899 there were reported in our borders 96 law schools (70 of them departments of colleges or universities, 16 of them separate institutions), 49 hold day sessions; 24 hold evening sessions, 7 hold both, and 6 time not stated; 82 of the 96 grant degrees.”

"There were 11,883 matriculations in our law schools in 1898-9. The average number of students to a school was 138. The matriculation fees averaged $14, fees for the course $69.80, and there were 513 professors, 311 lecturers, and 146 other members of the law faculties, making 970 in all; about one instructor to every twelve students."

The author adds by way of foot-note: "The University of Santo Tomas, Manila, reported 558 law students in 1897, and Havana in 1899 reported 124;" and expresses the opinion that the general tendency is "to expand the professional course, even if that compels the shortening of the preliminary academic course."

F. B. S.