semi-compulsory, and compulsory, there are many shades and grades. Each system has its advocates, and each system has its opponents. On the methods of industrial peace there is no agreement; on the necessity of industrial peace (except for a few dreamers and anti-social agitators) there is complete agreement."

Australia was formerly used, especially South Australia, as a strong argument in favour of compulsory arbitration, but it no longer serves that purpose. Compulsory arbitration in Australia worked harmoniously so long as the great development of the country absorbed all available labour, and so long as the procedure resulted generally in the workers obtaining, if not all their demands, at any rate a substantial portion. Now, however, that the conditions of Australia, as a result of its greater development, and especially because of the abnormal economic circumstances created by the war, are approximating more closely to those of Great Britain, the compulsory arbitration system is very seriously disorganized and discredited. In fact, in South Australia there appears to be a definite attempt to abolish it which seems to have received considerable support from the Government. A careful perusal of Mr. Gilchrist's most interesting work shows conclusively, although that is no part of his thesis, that compulsory arbitration is incompatible with the idea of freedom so strongly imprinted in the Anglo-Saxon temperament.

It is often overlooked by those who advocate legislation imposing compulsory arbitration, that if a right is to exist to compel workers to work for a rate of wages or under conditions of employment prescribed by an arbitration tribunal, the same right must exist to compel employers, on the other hand, as a necessary corollary, to run their works at a loss, which of course is an impracticable condition of affairs. The position is neatly summed up by Mr. Gilchrist when he says: Compulsion is possible only where it is desired by the common consciousness."

"

To those who desire to tread under capable, critical and impartial direction through the mazes of legislation which in different countries has been passed in regard to conciliation and arbitration, this work of Mr. Gilchrist can be recommended with confidence. It is not without significance that the very extensive inquiry upon which it is based was inaugurated by the Government of India, and evidences the anxiety of that Government to deal with its own growing industrial problem on lines that have been explored by experience, subject of course to such adjustments and they will be many-as are necessary to give effect to Indian conditions.

Labour Legislation in Great Britain, France and the Scandinavian Countries, 1900-1922.1-The work of the Annual International Labour Conference of the League of Nations in formulating conventions and principles of legislation on labour questions for adoption by countries

British and Continental Labour Policy, by B. G. de Montgomery. (London: George Routledge & Sons, Ltd., 1922, Pp. xxviii + 575. 215.)

parties to the League, as well as the fact that the Permanent Court of International Justice has already given its first decision on a labour matter, has brought into prominence, especially on the Continent of Europe, the urgent necessity for some textbook, or rather a series of textbooks, which deal comparatively with labour legislation in the different countries which are represented on the Conference. Mr. BoGabriel de Montgomery, a distinguished French publicist, has led the way and has produced a book quite invaluable to all interested, or professionally concerned, in international labour laws.

In this book, entitled British and Continental Labour Policy, he has exhaustively examined the political labour movements and the provisions of labour legislation in Great Britain, France and the three Scandinavian countries of Sweden, Norway and Denmark. The conjunction of the two subjects is sound-indeed, it is essential; without some knowledge of the political labour movements of a country it is impossible to appreciate, in proper perspective, the country's code of labour legislation. The combination of constitutional and legal history with explanation and interpretation of the laws, adopted in the book, is most helpful. A mere interpretation of a statute without any information as to the circumstances under which it was passed, gives little clue to national tendencies, and throws no light on the true inwardness of a national code. It is to be hoped that either Mr. Montgomery or other authors equally informed and expert, may in time deal with other countries on the same basis.

It is mainly from the point of view of international law that this book will appeal most strongly to jurists: "To learn what the laws of a country are is not the work of a day even in pacific times, and of persons accustomed to legal inquiries," as Lord Stowell said in Ruding v. Smith. With some knowledge of the difficulties of the task it is permissible to congratulate Mr. Montgomery on having performed a difficult undertaking with conspicuous success. His book summarizes in comparative form the acts and orders and decrees that deal with the live industrial issues of the present time in the countries which he brings under review. He shows that he possesses a clear insight into fundamentals and is gifted with a faculty of getting away from words down to things essential; and he sets out clearly, with full reference to authorities and copious documentation, the general basic principles which underlie the various national enactments. In the scope of this short notice it is impossible to do adequate justice to this admirable book. Of its 529 pages about one-half deals with the political labour movements, and the other half with labour legislation. In the former section the writer gives a most interesting account of the emancipation of the trade unions from repressive legislation in Great Britain, France and the Scandinavian countries, and of their legal capacity in regard to parliamentary action. The author's criticisms on the Taff Vale decision and the Osborne case are fresh and penetrating. A wealth of material lies at the disposal of the comparative constitutional lawyer in this part of the book.

The chapters which deal with the legal position of trade unions in regard to trade disputes and with the validity of collective agreements are well done. It is possible only to epitomize the author's conclusions. In Great Britain "no action of tort can be brought against a tradeunion, but its trustees can be sued in respect of tortious acts committed by or on behalf of the union, otherwise than in furtherance or contemplation of a trade dispute. Trustees so sued are entitled to be indemnified out of the funds of the union." In French and Scandinavian law, on the other hand, a trade union has full civil responsibility for acts committed by or on behalf of the union, no exception being made for acts committed in furtherance or contemplation of trade disputes. There are further striking differences under British, Swedish and Norwegian law, no action against a trade union in respect of any act which is committed by any member of the union, but not upon the authority of its committee, can be entertained by any Court, whereas under French and Danish law, a trade union is legally responsible for acts committed by its members which constitute a breach of a collective agreement, even although such acts are not committed on the authority of the trade union committee.

The question of collective agreements is becoming daily of more importance for preserving industrial peace. By that is meant an agreement between an employers' organization, representing a large number of employers, and a trade union, representing a large number of workers, to observe prescribed conditions of employment and, it may be, conform to some specified procedure for avoidance of disputes. In Great Britain all such collective agreements are based entirely upon the good-will of the contracting parties, and cannot be enforced by law. On the other hand, in French and Scandinavian law, collective agreements are legally binding contracts, and damages may be awarded for non-fulfilment of their terms. In fact, in Denmark, if a collective agreement, in force between an association of employers and a trade union, is violated by one or several members of the association or by a group of trade union members, the aggrieved party can bring legal action against the party to which the offender belongs. These are strange notions to a lawyer steeped in the English doctrine of privity of contract. But collective agreements are becoming more and more a necessary condition of stable industry.

Mr. Montgomery sums up his own personal view as follows :

"It is clear that the legal position of British trade unions is in sharp contrast to that of trade unions under French and Scandinavian-particularly Danish-law. While the British trade unions, under certain conditions are placed above the law so that they cannot be made responsible for their own acts, the French and Danish trade unions, as we have seen, are responsible not only for their own acts, but also, in certain cases, for acts committed by their members, even if the latter are not acting upon the authority of their union.

"Which type of legislation is preferable, as more likely to lead to the establishment of industrial peace, is a question which depends largely upon the character of the working-class, and of the industrial conditions in each country. Considering, however, that industrial peace ultimately depends upon the existence of friendly relations between the employers and their workmen, it seems as if the British system, based entirely upon good faith, must be regarded as superior to the French and Scandinavian systems, based upon legal force."

There are many more interesting differences between the industrial laws in France and the Scandinavian countries, especially those which deal with minimum wages, the regulation of hours of labour, unemployment, and joint industrial organizations, but for these readers must be referred to the book itself. There is no doubt that Mr. Montgomery has written a notable book of live interest and of permanent value to the comparative lawyer, particularly to those concerned in international labour legislation.

NOTES.

The Late Maître Edouard Clunet. - When writing for The Times of September 6 a report on the recent meeting of the Institut du Droit International at Grenoble, I referred to Edouard Clunet as the doyen of international lawyers, the oldest advocate of the Paris Bar, who still charms us by his speeches." Clunet, though he took little part in the discussions at Grenoble, was in conversation as interesting as ever. Constant in work as he was to the end, he spoke to me of his approaching journey to Prague to take part in the International Air Conference. And now he has died on his road thither at Strasbourg.

I had known him so long and had such an esteem for him that I am grateful to the Editors for being allowed to contribute a personal appreciation in supplement to the biographies by the pens of M. Louis Renault and Sir T. E. Holland, which appeared in this Journal in 1916.

My first acquaintance with him was in 1880, when he came to England sent as delegate by the French Government to some conference, I think on Prison Reform, and with a letter of introduction to my father, which led to his being invited to our country place. Since then I have met him often, at International Conferences, and on the occasions of his visits to England.

Twice, at least, I remember his being called as an expert on French law in our English Courts, when I had the honour of cross-examining him. Once was on the French law as to the defence of compulsory pilotage, once as to the national quality or domicil of a testator born on the border lands ceded and retroceded between Belgium and France.

I have been under the charm of his oratory time after time. Two or three occasions I specially recollect.

In 1902 we were at a Conference of the Comité Maritime Internationa at Hamburg, and I remember a speech of his on some rather dry question of shipping law rendered so delightful from lucidity of expression and music of voice, that I was sorry when it came to an end.

The next day a small party of us were invited to déjeuner by my late most respected friend, Dr. Sieveking, President of the Court of Appeal at Hamburg. Towards the close of the repast Clunet rose unbidden, and did what no Englishman could have done, for mauvaise honte would have prevented us, delivered a most charming address to Madame Sieveking on the excellent way in which her husband had presided over our meetings, and her sons had acted as secretaries.