affords no ground for upholding the power by compelled exercise of the taxing authority of the State to create a fund which may be used when collected for paying the judgment. The rights reserved to the States by the Constitution, it is further insisted, may not be interfered with by the judicial power merely because that power has been given authority to adjudicate at the instance of one State a right asserted against another, since although the authority to enforce the adjudication may not be denied, execution to give effect to that authority is restrained by the provisions of the Constitution which recognize state governmental power.

The court is apparently of the decided opinion that the consent to suit contained in Article II, Section 2, of the Constitution carries with it the duty to comply with the consequences of suit, and that a State, because of subjection to suit, is subjected to the enforcement of judgment against it had in a judicial proceeding to which the judicial power extends.

Under the second heading the Chief Justice examines the remedies appropriate to the case, which should not be summarized lest, in so doing, it lose its point and effect,' and thus concludes his own opinion and the unanimous opinion of the court:

Giving effect to this view, accepting the things which are irrevocably foreclosed - briefly stated, the judgment against the State operating upon it in all its governmental powers and the duty to enforce it viewed in that aspect, our conclusion is that the case should be restored to the docket for further argument at the next term after the February recess. Such argument will embrace the three questions left open: 1. The right under the conditions previously stated to award the mandamus prayed for; 2. If not, the power and duty to direct the levy of a tax as stated; 3. If means for doing so be found to exist the right, if necessary, to apply such other and appropriate equitable remedy by dealing with the funds or taxable property of West Virginia or the rights of that State as may secure an execution of the judgment. In saying this, however, to the end that if on such future hearing provided for the conclusion should be that any of the processes stated are susceptible of being lawfully applied (repeating that we do not now decide such questions) occasion for a further delay may not exist, we reserve the right, if deemed advisable, at a day hereafter before the end of the term or at the next term before the period fixed for the hearing, to appoint a master for the purpose of examining and reporting concerning the amount and method of taxation essential to be put into effect, whether by way of order to the state legislature or direct action, to secure the full execution of the judgment, as well as concerning the means otherwise existing in the State of West Virginia, if any, which by the exercise of the equitable powers in the discharge of the duty to enforce payment may be available for that purpose.

It will be observed that the court does not decide that any one of the methods mentioned in this paragraph is appropriate, but contents 1 For the text of this portion of the opinion, see post, pp. 669–671.

itself with a statement that the judgment is binding upon West Virginia, and that West Virginia should be forced in some appropriate way to comply with its application. And in so doing the court no doubt acted wisely, because, on a former occasion, Andrew Jackson, then President of the United States and not averse to the use of physical force, is reported to have said in reference to the decision of the Supreme Court against the State of Georgia in the case of Worcester v. Georgia (6 Peters 515), decided in 1832, "John Marshall has made his decision; now let him enforce it."

From another point of view, the opinion of the Chief Justice is as interesting as it is important, in that he shows that the action of the King in Privy Council, deciding controversies between colonies by judicial procedure, was the precedent both for the Articles of Confederation, investing the Congress of the United States with that power, and for investing the Supreme Court of these United States with the power and the duty, wherever the judicial power is properly invoked, to decide controversies between the States of the American Union.

JAMES BROWN SCOTT.

CHRONICLE OF INTERNATIONAL EVENTS

Abbreviations: Ann. sc. pol., Annales des sciences politiques, Paris; Arch. dipl., Archives Diplomatiques, Paris; B., boletín, bulletin, bolletino; P. A. U., bulletin of the Pan American Union, Washington; Cd., Great Britain, Parliamentary Papers; Clunet, J. de Dr. Int. Privé, Paris; Current History - Current History - A Monthly Magazine of the New York Times; Doc. dipl., France, Documents diplomatiques; B. Rel. Ext., Boletín de Relaciones Exteriores; Dr., droit, diritto, derecho; D. 0., Diario Oficial; For. rel., Foreign Relations of the United States; Ga., gazette, gaceta, gazzetta; Int., international, internacional, internazionale; J., journal; J. O., Journal Officiel, Paris; L., Law; M., Magazine; Mém. dipl., Mémorial diplomatique, Paris; Monit., Belgium, Moniteur belge; Martens, Nouveau recueil général de traités, Leipzig; Official Bulletin, Official Bulletin of the United States; Q., Quarterly; Q. dip., Questions diplomatiques et coloniales; R., review, revista revue, rivista; R. pol. et parl. Revue Politique et Parlementaire; Reichs G., ReichsGesetzblatt, Berlin; Staats., Staatsblad, Netherlands; State Papers, British and Foreign State Papers, London; Stat. at L., United States Statutes at Large; Times, The Times (London).

November, 1917.

14 PANAMA ECUADOR. Exchange of ratifications of the treaty of January 28, 1917, for the exchange of parcel post packages, without declared value. Text: B. Rel. Ext. (Ecuador) 9:1589. 15 ECUADOR-ITALY. Exchange of ratifications of treaty of arbitration signed February 25, 1911: Text: B. Rel. Ext. (Ecuador) 9:1594.

December, 1917.

31 BRAZIL URUGUAY. House of Deputies of the Brazilian Congress approved the arbitration treaty between Brazil and Uruguay concluded ad referendum by the diplomatic representatives of the two nations. P. A. U., 46:250.

January, 1918.

28-30 Cuban Society of International Law. Second annual meeting of the Society held in Havana. P. A. U., 46:258.

February, 1918.

1 JAPAN. Americans visiting Japan are required to have their passports viséd by a Japanese consular or diplomatic official

before leaving the United States. Official Bulletin, March 1, 1918.

16 BELGIUM-GERMANY. A joint protest was addressed to Chancellor von Hertling by the deputies and senators present in occupied Belgium. Text: Official Bulletin, March 27, 1918.

21 Interallied Labor Conference held in London. It accepted war aims program of British Labor announced Dec. 21, 1917. Cxrrent History, 8 (pt.): 32.

27 SCAN DINAVIA. Scandinavian conferences for exchange of goods held at Christiania. Summary of agreements: Official Bulletin, May 4, 1918.

28 ARGENTINE REPUBLIC-UNITED STATES. Exchange of notes on the one hundredth anniversary of the beginning of diplomatic relations between the two countries. Texts: Official Bulletin, April 26, 1918.

March, 1918.

1

ALSACE

LORRAINE. Protest of February 17, 1871, read in all schools and churches in France. London Times, March 1, 1918. 3 GERMANY-RUSSIA. Revised text of treaty. London Times, March 5-6, 1918. Current History, 8 (pt. 1): 54.

7

SPAIN UNITED STATES. Ratifications exchanged of agreement under which supplies may be sent to Pershing's forces. Summary of text: Official Bulletin, March 9-18.

7 FINLAND-GERMANY. Announced that a trade and shipping agreement had been concluded at the same time as the peace treaty. Text: Current History, 8 (pt. 1): 445.

9 (22) RUSSIA ROUMANIA. Treaty concluded regarding the occupation of Bessarabia by Russian troops, etc., and establishing international commissions at Odessa, Kieff, Moscow, Petrograd, Jassy and Galatz for the settlement of disputes, the missions to be composed of Russian, Roumanian, British, French and American representatives. Text: London Times, April 2, 1918. 9-18 PERSIA. Announcement of personnel of new cabinet. Official Bulletin, March 9, 1918.

11

11

RUSSIA FINLAND. Treaty announced as having been concluded
providing for evacuation of Finland, etc. London Times,
March 12, 1918.

RUSSIA UNITED STATES. President sent message to Soviet
Congress at Moscow. Text: Official Bulletin, March 12, 1918.

12 NETHERLANDS UNITED STATES. Report of Netherland Government to Parliament of negotiations with the United States and Allies for a trade and shipping agreement. Declaration of Netherlands and reply of the United States. Texts: Official Bulletin, March 16, 30, 1918.

21

17 CENTRAL AMERICAN COURT ceased to exist under the terms of the treaty creating it. London Times, March 17, 1918. GERMANY - ROUMANIA. Germany increased her demands on Roumania, calling for surrender of all munitions. Austria demanded surrender of all territory west of a line extending from a point east of Red Tower to a point on the Danube near Ghilramar, and also a strip of country eighty miles long and ten miles wide in the region of Predeal. On March 23 armistice was further extended by Germany, owing to the delay in forming cabinet. On March 29 Germany demanded that the

Roumanian oil-wells be turned over to a German-controlled corporation. Current History, 8 (pt. 1): 234.

21-29 RUSSIA. The Transcaucasian Constituent Assembly, in session at Tiflis, refused to ratify peace treaty with Germany, and urged immediate war. On March 29 the Diet approved the basis of a separate peace agreement with Turkey, including autonomy for Armenia and the restoration of old frontiers. Current History, 8 (pt. 1): 233.

22 BELGIUM-GERMANY. Agreement reached for the exchange of civil prisoners. Current History, 8 (pt. 2): 97.

22 MEXICO. Decree promulgated concerning the exportation of gold and silver, modifying the decree of September 27, 1917. Official Bulletin, March 30, 1918.

22 DENMARK GERMANY. Third quarterly agreement commercial concluded. London Times, March 23, 1918.

26 CHINA. Announced that Tuan Chi-Jui had been made premier. Official Bulletin, March 27, 1918.

26 ROUMANIA-CENTRAL POWERS. Peace treaty initialed. London Times, March 27, 1918.

29 FINLAND-GERMANY. Finland protested against the arrest of Major Henry Crosby Emery, representative of the Guaranty Trust Company, and his detention on the Aland Islands. Current History, 8 (pt. 1): 234.

30 NETHERLANDS ·UNITED STATES.

Declaration of the Netherland