JUDICIAL HISTORY OF INDIVIDUAL LIBERTY, THE. V.-IX. Van Vechten Veeder. 16 Green Bag 317, 395, 471, 529, 591. JUDICIAL POWER OF THE COMMONWEALTH, THE. T. R. Barin. Discussing provisions of the Constitution of Australia. I Commonwealth L. Rev. 97. LABOR STRIKES AND INJUNCTIONS. P. L. Edwards. 59 Cent. L. J. 23. "LAST CLEAR CHANCE." Thomas W. Shelton. 10 Va. L. Reg. 301. LAW APPLICABLE TO THE USE OF ELECTRICITY IN MODERN INDUSTRIAL Life. Helm Bruce. 12 Am. Law. 290, 337. LAW OF DAMDUPAT, THE. J. R. Gharpure. Discussing the rule of Hindu Law that "interest exceeding the principal sum lent can never be recovered at any one time." 6 Bombay L. Rep. 129. LAW RELATING TO DEPOSITS RECEIVED BY INSOLVENT BANKS, THE. Albert S. Bolles. 52 Am. L. Reg. 438. LEGAL ASPECTS OF THE PANAMA QUESTION. Roland Crangle. 12 Am. Law. 214, 251. LEGAL FRAUD. Silas Alward. Discussing the origin and meaning of the term in the light of judicial decisions. 24 Can. L. T. 225. LEGAL MONOPOLY. Alton D. Adams. Discussing the "trust" problem from the contract side. 19 Pol. Sci. Quar. 173. LEGISLATION OF THE SESSION, THE. Anon. A summary of the work of Parliament during the last session. 117 L. T. 451. LIABILITY OF A MANUFACTURER OR A VENDOR TO PERSONS WITH WHOM HE MERGER DECISION, THE. John S. Wise. I Supporting the decision. 8 L. Notes (N. Y.) 325. MODIFICATIONS OF THE JURY SYSTEM. tion of unit rule in civil cases. MURRAY RIVER BOUNDARY, THE. W. H. Moore. I Commonwealth L. Rev. 157. NATIONAL CONTROL OF THE POLLUTION OF PUBLIC WATERWAYS. Charles Claflin Allen. Arguing in support of the decision of the U. S. Supreme Court in the recent case of Missouri v. Illinois. 38 Am. L. Rev. 321. John Burton Phillips. Advocating aboli16 Green Bag 514. NATURE AND INTERRELATION OF SOVEREIGN STATES. Eugene Stevenson. 38 Am. L. Rev. 551. NEGRO BEFORE THE SUPREME COURT, THE. B. Frank Dake. An examination of all the cases before the Supreme Court in which the political or civil status of the negro has been involved. 66 Albany L. J. 238. NEURASTHENIA, THE RESULT OF NERVOUS SHOCK, AS A GROUND FOR DAMAGES. Flora V. Woodward Tibbits. A medico-legal treatment of the subject, favoring recovery. 59 Cent. L. J. 83. NEW YORK CODE OF EVIDENCE, A. III. David Dudley Field and William Rumsey. 5 Brief 119. NONSUIT. Walter H. Trueman. Discussing the general law and practice on the subject. 24 Can. L. T. 165. NORTHERN SECURITIES DECISION, THE. George F. Canfield. An elaborate adverse comment. 4 Columbia L. Rev. 315. NORTHERN SECURITIES DECISION, THE. A REVIEW. Henry Wolf Biklé. 52 Am. L. Reg. 358. NOTE ON REX v. Bamford. Everard Digby. Discussing law in force in land ceded to the Commonwealth of Australia by New South Wales before laws were passed by Commonwealth. I Commonwealth L. Rev. 106. NOTEWORTHY DECISIONS OF THE JUDICIAL YEAR. Anon. A résumé of English decisions. 117 L. T. 379, 405, 427. ONE PHASE OF FEDERAL POWER UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION. John C. Donnelly. Discussing Scranton v. Wheeler, 179 U. S. 141, as to the rights of riparian owners on navigable rivers as affected by the Commerce Clause. 2 Mich. L. Rev. 670. PANAMA SITUATION IN THE Light of INTERNATIONAL LAW, THE. William Cullen Dennis. 52 Am. L. Reg. 265. PARRICIDE AND JUSTICE, THE. AN HISTORICAL SKETCH. Charles Green Cumston. 16 Green Bag 578. PENAL CONSEQUENCES OF BANKRUPTCY UNDER THE BANKRUPTCY LAWS OF ENG- PROPOSED AMENDMENTS TO THE SUPREME COURT ACT. E. R. Cameron. 3 Can. PROPRIETY OF DIRECT EVIDENCE OF INTENTION. Colin P. Campbell. 58 Cent. L. J. 445. PROVABILITY OF TORT-CLAIMS IN BANKRUPTCY. Stanley Fols. 52 Am. L. Reg. 473. QUESTIONS OF INTERNATIONAL LAW ARISING FROM THE RUSSO-JAPANESE WAR. I-V. Amos S. Hershey. 16 Green Bag 306, 375, 452, 538, 595. RECENT CASE OF TREASURE TROVE, THE. Robert Munro. Commenting upon RECENT DECISIONS UPON THE MONEY LENDER'S ACT. Hugh H. L. Bellot. Main- 38 Am. L. Rev. 371. RIGHT OF THE SUBJECT TO PERSONAL LIBERTY IN ENGLISH LAW, THE. S. P. J. SHOULD THERE BE FREEDOM OF CONTRACT? Clarence D. Ashley. Arguing that the courts rightly restrict freedom of contract in certain cases. 4 Columbia L. Rev. 423. STATUTES OF ONTARIO, THE. 1904. N. W. Hoyles. 24 Can. L. T. 251. "THIEVES" IN RELATION TO A POLICY OF MARINE INSURANCE. H. Birch Sharpe. 20 L. Quar. Rev. 300. TRIAL BY JURY AND "DOUBLE JEOPARDY" IN THE PHILIPPINES. Libbens R. Wilfley. A paper called forth by three recent cases before the Supreme Court. 13 Yale L. J. 421. VALIDITY OF LEGISLATION LIMITING HOURS OF LABOR. Anon. Attacking the constitutionality of "eight hour" laws. 58 Cent. L. J. 361. VIRGINIA STATE. CORPORATION COMMISSION, THE. A. Caperton Braxton. Showing the need for such an institution having judicial and executive as well as legislative functions. 38 Am. L. Rev. 481; 10 Va. L. Reg. 1. WAGERING CONTRACTS. Krishnalal Mohaulal Jhaveri. Discussing the Indian law on the subject. 6 Bombay L. Rep. 153. WHEN AND IN WHAT CASES MAY THE OWNER OF ANIMALS WHICH ARE NATURALLY TAME BE LIABLE FOR THEIR MISCHIEVOUS OR WRONGFUL ACTS? Walter J. Lotz. 59 Cent. L. J. 204. WHEN AND IN WHAT CASES WILL A REPRESENTATION AS TO THE VALUE OF REAL OR PERSONAL PROPERTY BE SUFFICIENT TO PREDICATE AN ACTION FOR FRAUD? Walter J. Lotz. 58 Cent. L. J. 484. II. BOOK REVIEWS. 1904. pp. THE LAW OF WATERS AND WATER RIGHTS, International, National, State, Municipal, and Individual, including Irrigation, Drainage, and Municipal Water Supply. By Henry Philip Farnham. In three volumes. Rochester, N. Y. The Lawyers' Co-operative Publishing Company. clxxx, 1-896; xvi, 897-1893; xiv, 1894-2956. 8vo. When one stops and thinks of the innumerable ways in which water enters into our lives and dealings, one recognizes at once the immense task of the author who attempts to collect into one systematic legal treatise "every case that is wet." Such, however, in his own language, has been the undertaking of Mr. Farnham, the results of which the publishers have now laid before the public. The labor of the author has covered a period of twelve years. The author tells us that he has during this time examined all American reports, page by page, and that all English cases which have been referred to by digests, text-writers, or judges, as involving the question of water rights, have been read. Mr. Farnham's experience and position as associate editor of the Lawyers' Reports Annotated have made it possible for him to accomplish this work within what would otherwise have been prohibitive time and expense. The result has been a collection of seventeen thousand cases. The three volumes cover about three thousand pages. The general plan of Mr. Farnham's work is unique and commendable. The rights and duties with respect to waters depend primarily on the relations which the opposing parties bear toward each other. The rights and duties of governments and nations in their relations to each other are different from those which exist in their relations to their own subjects, and the rights and duties between sovereign and subject are, again, different from those existing solely between subjects. Therefore it would seem that the author has properly divided the general subject of waters so as to show the rights depending on these different relations, and not, as is the usual method of division, on the mere characteristics of the body of water on or about which a particular right arises. Accordingly there are three main divisions of the work: I. Rights of States and Nations; II. Rights between Public and Individual; III. Rights between Individuals. ""Laws The principal subdivisions of the first part are "Coast waters," in force on the high seas," "Boundary rivers," and "Relation between the United States and State governments." The treatment of the last subdivision is the least satisfactory portion of Mr. Farnham's book. The subject is worth another entire volume, and the forty pages given it are woefully insufficient. The second portion of the work, covering fourteen hundred pages, relates to rights between the public and individuals. First in importance in this division are the titles of " Municipal water supply" and "Drainage." In the discussion of the former, Mr. Farnham has been carried by the character of his undertaking into all the intricacies involved in the controversy over the extent of the power of a municipality to own and control public utilities and to borrow money. This portion of the book is particularly praiseworthy. Other important subdivisions of this part are "Title to bed and shores of water ways," Rights of riparian owners," and "Bridges, fords, levees, and other public improvements." 66 Just one-half of the work is given up to the third part, "Rights between Individuals." The first two hundred pages are taken up by a discussion of the rights of riparian owners in watercourses. A comparison of these pages with those occupied by the treatment of these same questions when they arise between the public and individuals will completely justify the author's plan, and explain many of the apparent inconsistencies in the decisions and in the statements of text-writers. The next one hundred and fifty pages are consumed by a discussion of the right to dam back the waters of a stream. It would have been better if the "Mill Acts" had been discussed in connection with this last heading instead of being given a separate and independent treatment after the discussion of "Irrigation" and "Appropriation." The two hundred and fifty pages given to these last-named subjects will form the most interesting and important portion of the work for the legal profession in the arid and semiarid states of the West. It is important as being the latest thorough treatment of these growing and difficult problems of our law. The most important of the remaining topics concern the form and construction of grants and contracts, licenses, easements, surface water and drainage, subterranean waters, and rights between landlord and tenant. In enumerating these different subdivisions, it has not been attempted to give them all. Those have been chosen which have appeared particularly complete or for other reasons exceptionally worthy of notice. Nor has it been possible to go into detail with regard to the author's legal views as to particular principles or cases. So far, however, as it has been possible to form an opinion, they seem, in general, accurate. Slight inaccuracies have been noticed, but these were only such as are inevitable in a work of this character. If a general criticism be allowed, it is this, that the text at places takes too much the form of a digest. There is one feature of the work that is sufficient alone to win for the work a place in every legal library. Nothing is so discouraging to a lawyer as to run across the statement of a general principle for which are cited in a note a long line of cases merely by their reports and pages, compelling the lawyer to search through them all, only to find, perhaps, that few, if any, are similar enough in their facts to be of service. In the notes to the present work, enough facts of a case are generally stated to avoid this difficulty. As a general rule it is believed the production of legal works of large scope should be discouraged. With the exception of a few notable treatises the legal works covering broad subjects are now of little use to the practising lawyer. His needs are best met by the book which embraces a small field and in that field gives to the cases and principles a profound and careful examination and discussion. Mr. Farnham's comprehensive treatise must be regarded as a clear exception to the general rule. While the statement of a recent writer that this work is destined to become one of the greatest law books of the age" is perhaps extravagant, it may fairly be said that, considering its scope, Mr. Farnham's work is surprisingly accurate, thorough, and complete. J. M. B. JR. A TREATISE ON STREET RAILWAY ACCIDENT LAW. By Ellery H. Clark. Second Edition. St. Paul, Minn: Keefe-Davidson Company. 1904. pp. xv, 607. 8vo. STREET RAILROAD ACCIDENT LAW. A complete treatise on the principles and rules of law applied by the courts of the states and territories of the United States and Canada in determining the liability of street railroads, for injuries to the person and property by accidents to passengers, employees, and travellers on the public streets and highways, and on pleading and practice in the various jurisdictions in street railroad accident litigation. By Andrew J. Nellis. Albany, N. Y.: Matthew Bender. 1904. pp. cxii, 711. 8vo. These two books cover practically the same ground and are in many points very similar. There is however a field for both of them, for our modern street railway has become such a predominating factor in present-day tort litigation that no one volume dealing with this topic can satisfy the demands of the profession. The first of these two treatises is a second edition of an earlier work by the same author devoted exclusively to street railway accident law in Massachusetts. It is a revision and amplification of the former work, and is based upon the same general plan. The different topics are however treated much more fully, and many new subjects are added, together with a full citation of cases from all jurisdictions. The book has thus become one of general rather than local application and service. It is particularly commendable for its analysis and classification of cases from the point of view of the relation of the plaintiff to the defendant. The latter volume is also in a sense a second edition. It is based upon a portion of a more general work by the same author entitled "The Law of Street Surface Railroads." After quite a full treatment of the general basis of liability, the writer of this book follows a general plan similar to that of Mr. Clark. He goes perhaps even more carefully into the different details of the varying classes of cases. The material is not quite so thoroughly analyzed or paragraphed as that of the other volume, but it is rather more comprehensive and fundamental in its scope. The indexing of Mr. Nellis's book appears to have been very carefully done, and this renders its discussions especially accessible. Neither of these two volumes can be said to excel the other. Neither is of any noteworthy originality. Both however are excellent and useful practical treatises and digests. Either can be honestly commended to any practitioner interested in this important branch of tort practice. W. H. H. AMERICAN RAILROAD LAW. By Simeon E. Baldwin. Boston: Little, Brown, and Company. 1904. pp. Íxvi, 770. 8vo. Any work of Judge Baldwin will be read with interest by lawyers, and cannot fail to illuminate the subject with which it deals. In writing upon Railroad Law the learned author has chosen a subject of great present interest and importance. A railroad company is a corporation, and therefore subject to the rules that govern corporations and to the requirements of its charter; it is a common carrier, and therefore subject to the peculiar rules that govern publicservice companies, and it is endowed with the power of eminent domain. To assemble the rules of law that apply to railroads it would be necessary to deal with three important branches of law, and it is of course impossible to do so in a single volume. Judge Baldwin has limited his work to what is peculiar to railroads, so far as that is possible without obscurity. The disadvantage of such a plan is this, that it rather gives a set of illustrations of the application of fundamental principles to one class of facts than a thorough discussion and determination of the principles themselves. In spite of Judge Baldwin's high capacity for legal analysis and reasoning, this book is a digest of railroad cases, excellently arranged and clearly phrased. Most of the important cases are cited, though one is surprised not to find such leading cases as Northern Pacific Railroad v. Washington, on the obligation to establish stations; Old Colony Railroad v. Tripp, on the right of hackmen to solicit passengers at the stations; Boyce v. Anderson, on the nature of the relation of passenger and carrier; Norway Plains Co. v. Boston & Maine Railroad, on the termination of the insurer's liability; Railroad Company v. Reeves, on loss by act of God. But the authorities are generally well collected, clearly arranged, and adequately stated, and the book should prove both suggestive and useful. pendix are collected a large number of forms which should prove very valuable to a lawyer in practice. In an ap J. H. B. CYCLOPEDIA OF LAW AND PROCEDURE. Edited by William Mack. Vol. XI. New York: The American Law Book Company. London: Butterworth. & Co. 1904. pp. 1197. 4to. This volume contains topics from "Costs" to "Credit with Banker " inclusive. Of the seven leading articles, the most pretentious are those on "Costs," "Counties," and "Courts," which together occupy five-sixths of the work. Dealing, therefore, for the most part with matters of practice and procedure rather than with substantive law, the volume cannot, from the nature of the case, |