131) "an insurer was denied subrogation under facts practically identical." This is hardly correct, as the latter case raised a question not of subrogation but simply of amount of recovery; but the mistake is rendered almost innocuous by the author's full statement of each case. The author, although explaining clearly on p. 434 the fatal objection to the view of a minority of the cases that a breach of condition simply suspends the policy, fails to point out that many of these cases rely upon New England F. & M. Ins. Co. v. Wetmore (32 III. 221), where the condition distinctly called for mere suspension. On pp. 483-486 the presentation of the amount of recovery in fire insurance is entirely inadequate, although the deficiency is partly supplied by the discussion of insurable interest in Chapter IV. Yet it is not desirable that there should go abroad the impression that this book bristles with defects. Notwithstanding the shortcomings pointed out, and others of the same sort, this book, as has been said, is superior to most of the recent writing upon insurance. The discussion of duration of interest, on pp. 121-124, is distinctly good; and Chapter X., on waiver and estoppel, shows that the author can do unusually useful work when he reads the cases carefully and expresses his own conclusions. A POLITICAL AND CONSTITUTIONAL STUDY OF THE CUMBERLAND ROAD. By Jeremiah Simeon Young. Chicago: The University of Chicago Press. 1904. pp. 107. 8vo. The Cumberland Road was under construction by the federal government for the fifty years from 1806 to 1856, during which time it was built from Cumberland, Md., to Vandalia, Ill., for a distance of about six hundred miles, and at a cost of nearly $7,000,000. Though Mr. Young has sketched the early history of the road and has indicated its importance as a factor in the growth and unification of our country, that portion of his monograph chiefly interests us which discusses it as the center of the struggle over the constitutionality of national internal improvements. Three phases of the greater question were involved, the power to appropriate, the power to construct, and the right of jurisdiction over the road when once constructed. The primary difficulty of appropriating from the treasury for such a purpose was at first avoided by means of a compact with each new state. Two per cent of the proceeds from the sale of public lands within the state were to constitute a fund to be expended under the direction of the President for roads to and through the state, the latter promising in return to exempt from taxation for five years the lands sold under the compact. On the basis of this fund, as the road progressed, so-called advances were made, ultimately amounting to many times the fund itself. The fiction served, however, despite the effort of Congress, under the leadership of Calhoun and Clay, to displace it by the bonus bill, until, in President Monroe's administration, the Executive and Congress arrived at the important conclusion that direct appropriation for improvements of a national character was one of the powers delegated by the general welfare clause of the Constitution. The other problems were not so easily settled. The construction of the road was from first to last continued only with the consent of the states through which it passed, and the dependence upon that consent somewhat impeded its progress. An issue was squarely raised, however, when it seemed necessary, if the road was to be preserved, for the federal government to erect toll-gates, collect tolls, police the road, and, in short, to exercise jurisdiction over it. The Cumberland Road gate bill of 1822, asserting impliedly the constitutionality of such a step, seems to mark the extreme of congressional opinion in the direction of loose construction. It met a veto from President Monroe, who would go no farther in his liberal interpretation of the general welfare clause, and who could find no other constitutional warrant for the maintenance, for such a purpose, of federal jurisdiction within the states. As the state-rights theory of sovereignty became increasingly a subject of heated controversy, that right of jurisdiction was not again embodied in congressional legislation prior to the Civil War. The road consequently fell into disrepair. The Western states, the constant advocates of the road and of internal improvements generally, came to realize that in state control lay their only hope. One after another submitted their petitions to Congress, which was only too glad to be rid of its difficulties by surrendering to each state whatever rights, "if any," the national government possessed. Confining himself largely to the political side of the road's history, the author gives but scant attention to court decisions involved. The result of his investigations on the subject is not a thesis, but an admirably impartial dissertation of considerable interest to the student of political history or of constitutional law. A TREATISE ON AMERICAN ADVOCACY. Based upon the Standard English Treatise, entitled Hints on Advocacy, by Richard Harris. All new matter added being such as conforms peculiarly to American practice, thus making the work more valuable to the practitioner and student of this country than the English edition upon which it is founded, while the best features of the English book have been retained; more than one half of the present volume being new and original matter. Enlarged, completely Revised and Americanized. By Alexander H. Robbins, St. Louis: Central Law Journal Company. 1904. pp. xiv, 295. 8vo. Successful practice of the law requires at least two things: a knowledge of its rules, and an understanding of human nature. Innumerable books are annually written to aid in the attainment of the first, but the student of the second must go forth into the school of experience for his training. And yet the subtleties of practice which depend largely upon a knowledge of men and motives form no small part of a man's equipment for a profession in which the personal relation takes so prominent a place. To these subtleties of practice Mr. Robbins in his book attempts to give the young lawyer a short cut. The first thirteen chapters deal with the preparations for trials, both civil and criminal, and the conduct of them, the examination of witnesses, and the making of briefs. All this matter is readily accessible, being contained in short sections under appropriate titles. The work aims, perhaps, not so much to fill the place of a text-book on these subjects as to supply suggestions not easily obtainable except by broad experience. This is especially true of the text and notes dealing with the treatment of witnesses. Ideas are there furnished which would not occur to the beginner and which it might be difficult if not impossible for him to find elsewhere. The last two chapters deal with legal ethics, compensation, and advertising. In venturing upon this delicate ground the author makes no attempt to codify the indefinite rules which must inevitably represent the best practice, but places his readers in the best position to answer these difficult questions for themselves by giving them a full exposition of the relations and duties of the attorney to the court, to his client, to his adversary, to his profession, and to the community in general. The parts taken from Mr. Harris's book have suffered somewhat in condensation, but perhaps this is more than made up for by the better arrangement of the new volume and the considerable addition of material. THE INTERSTATE COMMERCE ACT and Federal Anti-Trust Laws, including the Sherman Act; the Act Creating the Bureau of Corporations; the Elkins Act; the Act to Expedite Suits in the Federal Courts; Acts Relating to Telegraph, Military, and Post Roads; Acts Affecting Equip. ment of Cars and Locomotives of Carriers Engaged in Interstate Commerce, with All Amendments. With Comments and Authorities. By William L. Snyder. New York: Baker, Voorhis & Company. pp. xxiii, 380. 8vo. 1904. This work is valuable chiefly as a convenient collection of the federal statutes concerning interstate commerce, and of the cases bearing upon the effect of those statutes. Any satisfactory annotation purporting to be more than a mere collection of the cases decided under the statutes must discuss, first, the constitutional powers of the federal government over interstate commerce; second, the rights and liabilities of interstate carriers and traders at common law as affected by the constitution; and finally, the changes in those rights by the federal statutes. Mr. Snyder, while he has apparently attempted to do this, has not been so successful as one might wish in keeping the different elements of the problem distinct. Many of the cases cited under particular sections of the statutes belong in the opening chapter on constitutional provisions as to interstate commerce and their effect, or in a section containing a general discussion of the situation before the enactment of the statutes in question. Furthermore, his statement of the general principles underlying the problem is not always discriminating. For instance, on p. 42 he states, "But until Congress legislates the local law or the statutes of a state upon a subject which may directly or indirectly affect a branch of interstate commerce not covered by a federal statute will prevail." This statement, in so far as it concerns state statutes, must be regarded as true rather of local police regulations affecting commerce only remotely and incidentally than of regulations of interstate commerce as such. Welton v. Missouri, 91 U. S. 275. As a whole the book is lacking in logic of arrangement and in breadth of treatment. The author's services are rather those of a collector than of an original contributor to the subject. The book furnishes, however, reasonably full notes on nearly three hundred important decisions, most of them very recent, which are made accessible through a table of cases and an index. CASES ON RESTRAINT OF INFRINGEMENT OF INCORPOREAL RIGHTS. A collection of Cases with Notes. By Wm. Draper Lewis. Philadelphia: International Printing Co. 1904. pp. ii, xv, 405. 8vo. Although this collection of cases is avowedly intended to illustrate phases of equity jurisdiction, almost half of the book is occupied by a consideration of the existence and growth of the legal rights involved. There would seem to be danger that the great conflict as to the substantive law on these questions will obscure to some extent the doctrines of equity. This is especially true of the chapters dealing with the infringement of patents, literary and artistic property, property in business reputation, and the right of privacy, where the conflict is not as to the remedy to be afforded, but rather as to the existence of the right. In the fourth chapter the author has collected the cases in which the right to contract and property in contracts have been infringed. The treatment here is thorough and all the important cases are collected. The comprehensive notes, with the authorities collected to date, make the work of value alike to student and practitioner. From the note to Lumley v. Wagner on pp. 202 and 203, an impression is gained that an injunction will lie in all cases to restrain the commission of a tort by inducing a third party to break his contract with the plaintiff. Of course Lumley v. Wagner cannot be used to support such a proposition. In that case the right to restrain Gye from employing Miss Wagner seems to be assumed as a necessary result from the right to restrain Miss Wagner from breaking her contract with Lumley; but this latter right depends upon the nature of the contract, and in those cases where the remedy at law for breach of contract is adequate, equity will not take jurisdiction. See Sternberg v. O'Brien, 48 N. J. Eq. 370. AN OUTLINE OF THE FRENCH LAW OF EVIDENCE. By Oliver E. Bodington. the investigation of the French law. Aside from the final chapter, the reader is left to make his comparisons from his own knowledge of the English law. As the book is small, the treatment of the different subjects taken up is necessarily brief. The author first outlines the different kinds of evidence admissible in civil cases, and then touches on the method of examining witnesses and introducing proof. Then after describing the method of conducting criminal trials, he finally points out what he considers the salient advantages of each system with particular reference to the jury. The treatment of the subject is by design sketchy rather than exhaustive. Although a lawyer might not agree with the conclusions reached by the author in his comparisons, he would find the book interesting and instructive, and its brevity would no doubt recommend it to the casual student who wishes to gain an idea of the method of procedure in France. But the purpose expressed by the author to make the book simple enough for the lay mind to comprehend seems hardly to have been successfully carried out. PROBATE REPORTS ANNOTATED: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law. With Notes and References. By George A. Clement. Vol. VIII. With Index to Vols. I. to VIII., Inclusive. New York: Baker, Voorhis & Company. 1904. pp. li, 838. 8vo. The plan of this series of reports is "to give in about one volume a year, contemporaneous or recent decisions of the highest courts of the different states of the Union upon all matters cognizable in probate and surrogate courts." It is distinguished from its predecessor, the "American Probate Reports," by the greater attention paid to annotations. The present volume contains cases decided between February, 1902, and June, 1903, one hundred and fifteen in all. The notes are fewer than in previous volumes, which is perhaps due to the fact that the ground has been pretty well covered. The important notes are those on costs and attorney or counsel fees, paraphernalia, and set-off or counterclaim as affecting estate. An interesting short note is that on mental capacity to make a will as affected by spiritualism. The general index of the series, both of notes and of cases, which appears for the first time in this volume, gives it an added value as a work of reference. THE NATIONAL BANK ACT with all its amendments annotated and explained. By John M. Gould. Boston: Little, Brown, and Company. 1904. pp. xvi, 288. 8vo. The title of this book well explains its nature. The National Bank Act of 1864 is given, the numerous amendments down to the present time being inserted in the proper places. The whole is annotated with the decisions, both federal and state, explaining or modifying the various provisions. The plan admits ready reference to see what sections have been passed upon. Conflicts in decisions are compared so as to show the weight of authority, and the more than seven hundred cases cited come down to September, 1904. Appendixes give the constitution of the American Bankers' Association, the constitutions and rules of the New York and Boston clearing house associations, and the articles of association of the Chicago clearing house. Separate indexes for the body of the work and for the appendixes are given. The volume seems well adapted to its purpose of practical service. A TREATISE ON DAMAGES Covering the Entire Law of Damages both Generally and Specifically. By Joseph A. Joyce and Howard C. Joyce. In three volumes. New York: The Banks Law Publishing Co. 1903-4. pp. clxxv, 1-855; cliv, 856-1726; cxxxvii, 1727-2669. 8vo. A TREATISE ON THE SYSTEM OF EVIDENCE IN TRIALS AT COMMON LAW including the statutes and judicial decisions of all jurisdictions of the United States. By John Henry Wigmore. In four volumes. Volumes I., II. and III. Boston: Little, Brown, and Company. 1904. pp. lv, 1-1002; xxi, 1003-1974; xv, 1975-3184. 4to. CURRENT LAW. A Complete Encyclopedia of New Law. Volumes I. and II. THE UNITED STATES AND THE STATES UNDER THE CONSTITUTION. By HANDBOOK OF THE LAW OF PUBLIC CORPORATIONS. By Henry H. Ingersoll. St. Paul, Minn.: West Publishing Co. 1904. pp. xviii, 738. 8vo. |