legal objections raised against the early associations and pooling agreements; and the later development of the modern holding corporation to meet the difficulties encountered by the trusts. After discussing the manner in which the various kinds of combinations are effected by the principles of corporation law, he proceeds successively to consider the bearing of the common law and of public policy on combinations, and the bearing of Federal and State Legislation. Especial attention is given to formulating the principles of public policy applicable to combinations, and the author has done original and valuable work in reducing the great variety of decisions on this point to some consistency and system. The book at no point departs from a thoroughly impartial consideration of its subject; but it holds unhesitatingly to the view that combinations of corporations may be against public policy and therefore illegal, even though not amounting to a conspiracy.

From the nature of the case, Part V, dealing with combinations, has principally to do with industrial corporations, and involves most of the large industrial syndicates. This part of the book should be of much interest to students of political economy. The whole work, in fact, might be studied with profit by economists, although it is always legal rather than political. It does not concern itself with speculation as to new legislation-remedies for real or fancied evils. in the present economic system—but is a scholarly lawyer's statement of the law as he finds it.

ELEMENTS OF THE LAW OF REAL PROPERTY, WITH LEADING AND ILLUSTRATIVE CASES. By Grant Newell. Chicago: T. H. Flood & Co. 1902. pp. xii, 438.

There is so much that is good about this little volume that it must be accorded a friendly welcome, even though our approval of it be qualified by criticism and vexation of spirit. It is, in the first place, that rare thing in legal literature-a real student's book, and not a practitioner's book cut down to student proportions. That is to say, it is not a pretentious treatise, setting forth the entire law of real property in all its vast proportions-a task which would scarcely be attempted in the 250 pages of the text of this work; nor is it one of the numerous brood of digests which masquerade under the name of text-books and bring to the student only confusion of mind and discouragement of spirit. It is, in fact, what it purports to be--a plain, simple and orderly presentation of the elements of real property law, in which what the author calls "the foundation principles of an intricate subject," are expounded with skill and discretion, in a pleasing style, with abundant explanation and illustration. Standing alone, the value of such a work to the student might be questioned. But it is not intended to stand alone. It must be judged by its function, which is that of a supplementary reader, "a guide to the student and an assistant to the instructor." Thus regarded, it is well-conceived and, in the main, well executed.

It is in the detail of its execution that the work lays itself open to criticism. Indeed, in confessing his obligation to "Blackstone, Cruise, Williams, Washburn and Kent," the author suggests his limitations and explains the defects of the book. For it is not only

"in the broad lines" that he has "closely followed" those authors, but in much of the detailed exposition of his theme. Thus, if he had taken Pollock and Maitland's great work as his authority, instead of Blackstone and Bacon, he would hardly have made his confident attribution of the system of uses to the civil law (§ 324), nor if he had had the fear of Digby before his eyes would he have adhered to the naive view of the Conqueror as bringing the feudal system readymade with him from Normandy (§ 4, 33-35). It is to Cruise that we are indebted for the bold statement that the feud, originally dependent on the will of the lord, "came to be for a year, afterwards for life, and finally inheritable" (§ 31), but our author furnishes us with no clue to the authority for his curious definitions of free tenure (§ 35) and tenant in capite (§ 36) (the latter signifying "a chief tenant," i. e., any one "holding lands either by knight's service or in socage "), and for his classification of modern contract rents as rents service (§ 435).

Indeed, the inaccuracies of the book are so numerous as to seriously impair its value for the student. The statement that dower by the common law was abolished along with military tenures (§ 148) is probably an inadvertence, and the repeated blunder, ex assensa patris, for assensu, and ad ostium ecclesia, for ecclesiæ (§§ 148, 150, 151) may be visited upon the proof-reader; but the author can hardly disclaim responsibility for his mysterious definition of "good consideration" as such as "is sufficient to pass title as between the parties to the deed, but not as against strangers thereto," while "a valuable consideration is effectual for all purposes" (§ 68); for his statement that "a written lease, even if under seal, may be surrendered by parol or by an agreement, either express or inferable from the conduct of the parties" (§ 194); or for his off-hand settlement of a vexed question in the declaration that a fee simple "may be rendered defeasible on the happening of some future event" (§ 69). These examples have been taken at random, but similar illustrations of the superficiality of this treatment of an intricate subject" can be found on nearly every page of the book. With all of its excellent qualities, the work in its present form is an unsafe guide to the student for whom it is intended, and should be thoroughly revised before it is put into his hands.

It should be added that the illustrative cases (there are not many "leading" cases among them), thirty-nine in number, which occupy 172 pages of the book, are in general well selected, and add materially to the interest and value of the book as a manual for students.

ELEMENTS OF THE LAW OF BAILMENTS AND CARRIERS. By Philip T. Van Zile. Chicago: Callaghan & Co. 1902. pp. lvii, 785.

This work is too elaborate for a digest and not comprehensive enough for a treatise. Its chief merit, however, is due to the fact that it comprises, within the limits of a single volume, a statement not only of the general law of bailments, but of the law of pledge, innkeepers and common carriers. With the advantage of comparative brevity is combined a classification and arrangement of subject-matter in most respects commendable. Unless these features of the work justify its publication its claim to space upon the shelves of professional libraries, already groaning under a burden of indifferent

or positively worthless law books, is not apparent. At the best the book is elementary; never profound, and at times it barely rises above the rudimentary. Its style is variable, being sometimes clear and logical, but more often verbose and involved. The occasional digressions of the author to topics having little or nothing to do with the subject, as witness in Sec. 117, his discussion of the magnitude of business interests involving locatio and conductio bailments, and in Sec. 244 his five-page examination of the question of what is value in the transfer of negotiable paper, add nothing to the value of a work devoted to the subject of bailments and carriers, and appropriate space which could be used to better advantage. In short, a careful examination of the book fails to disclose wherein the author has in any important particular improved upon standard works like Schouler or Hutchinson, or raised his work above the level of the flood of law books which is being poured upon us in this era of rapid but indifferent bookmaking.

A CODE OF NEGLIGENCE. By John Brooks Leavitt. Albany: Matthew Bender. 1903. pp. xlviii, 802.

The codification attempted in this book is confined to the decisions of the court of last resort in a single State. Not the entire law of negligence, as that has been developed by judges and writers in England and the United States, is here presented, but those points only which have been directly in issue and actually adjudicated in the Court of Errors and the Court of Appeals of New York. One would expect it to be a fragmentary code, and it is, reminding the reader of Sir Frederick Pollock's famous description of the uncodified law of England. It "presents to the legal mind's eye a view not unlike the visible fabric of the Law Courts a year or two ago-here pinnacles receiving the last touch, there walls only rising from the ground. And, what is still more curious, the gaps are by no means confined to the places where one would expect them. An admirer of case-law as opposed to systematic legislation might prophesy beforehand that the natural growth of lawsuits in the commonwealth would be accompanied by a process of natural selection, whereby just those points would arise for decision which the convenience of the public then and there required to be decided. * ** It is quite certain that these expectations are not fulfilled. All kinds of curious little questions receive elaborate answers, while great ones remain in a provoking state of uncertainty."

To present a book as a code of negligence which is and must be full of gaps at important points does not commend itself to us as an ideal performance. And yet such a book has its advantages for the busy practitioner at the New York State bar. It saves him the necessity of reading a multitude of cases containing only dicta, and it is much more compact and complete than the general digest. A vast amount of careful work seems to have been expended on the volume. Its labor-saving devices are many and ingenious. In the first part, we have a codification of general principles, under each division of which all the rulings of the Court of Errors and Court of Appeals are given, with reference foot-notes to all corresponding cases in the various Appellate Divisions. In the second part is presented a con

densed statement of the material facts of the various cases from the court of last resort cited in part first. The third part contains a classification of cases under a multitude of headings, such as Animals, Assaults, Caving In, Coal Holes, and the like; also a classification of verdicts for bodily injuries, with the sum awarded in each case.

MANUAL OF FRENCH LAW AND COMMERCIAL INFORMATION. By H. Cleveland Coxe. Paris and New York: Brentanos; London: Simpkin, Marshall, Hamilton, Kent & Co., 1902. pp. viii, 292.

In his preface the editor describes this volume as a compendium of the salient points in the law of France, taken from the French Codes and the Laws in vogue in France at the present day, together with special articles by experts on subjects of particular interest to American and English business men, travelers, and persons having business and social relations with France, students and literary persons desiring a handy book for reference. He also informs us that it was written principally for laymen, and yet he expresses the hope that it may be of interest and utility to the legal profession.

After a careful examination of the work, we are satisfied that it ought not to be classed as a law book. Many of the articles have no legal character whatever. Witness the following: "Death, Period of Mourning. The following are the customary periods for wearing full mourning in Paris: Widower or widow, one year; father, mother, father-in-law or mother-in-law, nine months; child, son-in-law, daughter-in-law, grand parents, brother, sister, brotherin-law, sister-in-law, six months. Half mourning is worn as follows: Widower, widow, nine months; father, mother, father-in-law motherin-law, six months, other members of the family three months." In the treatment of other topics there is a considerable admixture of legal rules, principles and phraseology, but throughout the volume as a whole law is in a state of high dilution. Two pages are devoted to "dressmakers" and six and one-half lines to "sales." The article on "drunkenness" opens with the statement that so rare is drunkenness in France that legislation on the subject is rather meagre." Certainly the references in the article to legal rules are meagre in the extreme.

If one examined the book, however, not as a manual of law but as a compendium of miscellaneous and interesting information, flavored with law, he will find it very satisfactory. The trouble and expense that one makes his friends by inconsiderately dying in a hotel are clearly set forth under the head of "Death In A Hotel." Much good advice, but very little law, is served up to the reader in connection with "Letters of Credit," while "Finance and Banking in France" contains considerable history, a variety of instructive statistics, and many useful business hints. An account of the "Metric System" is supplemented with tables for the conversion of metric weights and measures into customary United States equivalents, and the revenues, which would often prove valuable to an American sojourner in France.

As the topics are arranged in alphabetical order, and crossreferences are freely indulged in, it is a book of easy reference, even without a table of contents or an index. The printing, binding and general appearance of the volume are beyond criticism.

THE HORNBOOK SERIES-DESCRIPTION.

1

1. "The Hornbook Series" is a name adopted for a series of text-books on the main titles of the law, all of which are uniform in general treatment, style, and price.2

2. The distinguishing characteristics of the books are: (a) A series of numbered paragraphs presenting the leading principles, making a complete outline of the subject, printed in bold type (like this);

(b) Commentaries on same, making up the body of the work;

(c) Notes giving the leading authorities.

The general text (printed in type like this) gives a sufficient explanation of the preceding rules and principles to make the general aspect of the subject clear, and to put one on inquiry as to exceptions, etc.

Not pocket manuals.

The books are regular octavo text-books, and would sell, if not published in a "series," at $5 or $6.

For a quick survey of a subject.

The general practitioner will find nothing more comprehensive and at the same time condensed than these volumes. They will enable him to run rapidly over the whole ground before proceeding to work up a specific case.

1 The volumes already published cover Bailments, Bills and Notes, Common Law Pleading, Constitutional Law, Contracts, Corporations, Criminal Law, Criminal Procedure, Damages, Elementary Law, Equity Jurisprudence, Evidence, Executors and Administrators, International Law, Interpretation of Laws, Negligence, Partnership, Persons and Domestic Relations, Real Property, Sales, Torts (2 vols.), and Admiralty.

2 $3.75 a volume.

In this style.

"To be able to turn to a full and clear presentation of a rule or principle is almost indispensable to a busy lawyer, and the Hornbook Series goes very far in giving just that help."-Bishop, Bowen & Fleming, Des Moines, Io. 5 We sell them "on approval."

"The entire law upon a given subject is, with the aid of these books, brought within the reading compass of a few hours. With them the practi tioner can refresh his knowledge of the general principles and rules of law in brief compass and in short time."-Hon. David Torrance, Derby, Conn. For full information address the publishers,

C3507a

WEST PUBLISHING CO., St. Paul, Minn.

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