In a treaty relating to the administration by consuls of estates of foreigners dying in a state, "intervene in the possession and ad ministration of the deceased" means that the consul may "temporarily possess the estate for the purpose of protecting it before it comes under the jurisdiction of the laws of tile country, or protect the interest of his national in an administration instituted oth erwise than by him"; Rocca v. Thompson, 223 U. S. 317, 32 Sup. Ct. 207, 56 L. Ed. 453.
Under Codes. There are provisions in the codes of several of the states, which appear to have been originally adopted from Louisi ana, permitting any person who has an in terest in any matter in litigation to inter vene by rule of court. This interest must be of such a direct and important character that the intervenor will either gain or lose by the direct effect of the judgment; the interest Must be that created by a claim in suit or a lien upon the property, or some part thereof, in suit, or a claim to or lien upon the property or some part thereof which is the subject of litigation ; Horn v. Water Co., 13 Cal. 62, 73 Am. Dec. 569, per Field, J. See Smith v. Gale, 144 U. S. 518, 12 Sup. Ct. 674, 36 L. Ed. 521.
In Patent Law. Where a third party ask ed to be made a party defendant, alleging that it was the manufacturer of machines claimed to infringe ; that the defendant was its vendee; that it desired to settle the ques tion as to whether or not the machines did infringe, both the complainant and the third party heing non-residents, the petitioner was allowed to become a party defendant ; Cur ran v. Car Co., 32 Fed. 835. So of the owner of cars, in a patent suit brought against the user ; Standard Oil Co. v. Southern Pac. Co., 54 Fed. 521, 4 C. C. A. 491.
In Admiralty. Any person may intervene in a suit in rem for his interest and he may do so notwithstanding the res has been de livered to a claimant on a stipulation in a certain sum to abide by and perform the decree, the stipulation as far as it goes standing for the res.; The Oregon, 45 Fed. 62. An administrator may intervene in a suit in rem to recover the damages allowed by a law of the state for the death of his intestate, caused by the wrongful act or omission of the person in charge of the res; The S. S. Oregon, 42 Fed. 78. When a vessel
libelled by a material man has been taken possession of by the court, other material men may intervene by libel praying warrants of arrest in order to retain the property in case security be given for its release ; The Julia, 57 Fed. Q33. See Admiralty Rule 43.
In International Law. Intervention is the interference of one state in the affairs of another state or states, without the consent of the foreign state. It is essentially a vio lation of the right belonging to every nation to be sovereign within its own borders and to be independent of foreign control in the administration of its home affairs and in the conduct of its foreign policy. There are, however, certain circumstances which are recognized in international law as justifying intervention. The two forms of intervention best recognized in international law are in tervention in the interest of self-protection and intervention in the interest of the bal ance df power. The fundamental right of a state to preserve its own existence has often been alleged in justification of the violation of the territory of a foreign state, whether for the sake of anticipating an attack on the part of that state or for the sake of prevent ing such state from being made the basis of operations by a third party. The necessity of maintaining a balance of power between the great powers, and even between the les ser ones, has frequently been alleged in jus tification of an attack by or more states upon a third state which, by its aggressive policy and its military preparations, threat ens the existence or independence of other) states. Intervention has sometimes been ex ercised in the interests of humanity, when the subjects of a foreign state were being subjected to such treatment as to call forth a protest from the civilized world. Such an intervention -took place in 1827 when Great Britain, France and Russia intervened in war between Greece and Turkey, because of the general horror created by the cruelties committed in the war. Moreover, interven tion would be justified in punishment of a state which had deliberately violated the rec ognized rules of international law.