authorized in the last clause of § 66, added in 1899, for the enforcement of the lien, was held not to apply where the attorney sought to collect from the adverse party. Rochfort v. Metro. St. R'y. Co. (1900) 50 App. Div. 261, He was still held to the often inadequate remedy of prosecution to judgment. A successful attempt to collect the amount of the lien in an action of an equitable nature was made in Fenwick v. Mitchell (1901) 34 Misc. 617. For a discussion of the subject of attorney's lien and the rule laid down in the principal case, see 2 COLUMBIA LAW REVIEW, 449.

REAL PROPERTY-IMPLIED COVENANT FOR QUIET ENJOYMENT. The plaintiff brought an action for breach of an implied covenant for quiet enjoyment against the defendant for acts done by the owner of the premises, the defendant's lessor. Held, a covenant for quiet enjoyment against acts of parties other than the lessor and those claiming under him would not be implied. Jones v. Lavington, (1902) L. J. 72 K. B. 98.

This decision on its facts can be distinguished from the recent English case of Budd-Scott v. Daniel (1902) 2 K. B. 351, and the line of decisions it follows, 3 COLUMBIA LAW REVIEW 43, which hold covenants for quiet enjoyment against acts of the lessor and those claiming under him will be implied, without the use of technical words, from the relation of landlord and tenant. But in avoiding a decision of this question, the court in the principal case gave a narrower definition to covenants for quiet enjoyment than is warranted by the authorities. Howard v. Doolittle (1854). 3 Duer 464; Rawle on Covenants for Title, 5th Ed. § 91.

REAL PROPERTy—Percolating Waters-Correlative RigHTS. Plaintiff brought an action to restrain the defendant from interfering with and wasting sub-surface waters which served in part to support a spring upon plaintiff's land. It was the plaintiff's business under its charter to supply the city with water. The defendant dug a trench on his land in which he collected the water and then turned it to waste. Held, though the owner of land may collect percolating waters thereon for the improvement of his own premises or for his own beneficial use, he must not, for the sole purpose of wasting them, divert such waters, which would otherwise be appropriated by his neighbor for the general welfare of the people. Stillwater Water Co. v. Farmer (Minn. 1903) 93 N. W. 907. The court recognizes that it is taking an advanced position in deciding that the doctrine of reasonable use and correlative rights is applicable to percolating waters. The decision is opposed to the general line of authorities and in fact amounts to judicial legislation. Chatfield v. Wilson (1855) 28 Vt. 49; 1 COLUMBIA LAW REVIEW 120, 133, 505; 3 id. 109. In Forbell v. City of New York (1900) 164 N. Y. 522, it was held that a municipal corporation could not for the purpose of sale drain the neighboring land of subsurface water by an extensive system of pipes. In the principal case the waste of the defendant prevented the plaintiff from selling the water.

SALES RESCISSION FOR FRAUD-DAMAGES. Plaintiff was induced by fraud to sell and ship goods to the defendant, who was totally insolvent and did not intend to pay. On learning the facts plaintiff rescinded the sale and reclaimed the goods. He then brought an action for fraud and deceit, alleging as damages the "expense incurred in reclaiming and recapturing the goods." Held, he could not recover. Bacon v. Moody (Ga. 1903) 43 S. E. 482.

The case is clearly wrong. The court says: "The action for deceit is founded on the contract, and proceeds in affirmance of it; and when the vendor rescinds the contract there is nothing on which to base the action for deceit. The remedy by action for deceit is totally inconsistent with a rescission of the contract." That an action for fraud and deceit is an action on contract is indeed a new proposition. It is, of course, an action in tort. Where, after rescission for fraud, the defrauded vendor finds himself still far from whole, it is strange law which makes him suffer the loss and allows the defrauding vendee to go absolutely free. The correct view was suggested in an earlier Georgia case. A. & L. R. R. v. Hodnett (1859) 29 Ga. 461, at 467. The exact question is considered in

Warren v. Cole (1867) 15 Mich, 265; Lenox v. Fuller (1878) 39 Mich. 268, and in Bigelow on Frauds, 67.

TAXATION-NEW YORK SPECIAL FRANCHISE TAX LAW. Held, the so-called Special Franchise Tax Law, Chap. 712 Laws of 1899 is not in violation of the home rule provision (Art. X. sec. 2) of the New York Constitution. People ex rel. Metropolitan Street R. Co. v. State Board of Tax Commissioners (N. Y. 1903) N. Y. Law Jour., May 11, 1903.

The court in reversing the Appellate Division holds that the function of assessing the special franchise is not exclusively local in character on the ground that the franchise itself is not essentially local but may extend beyond the accustomed jurisdiction of the local assessors. The court regards the tangible property as an inseparable part of the special franchise which must be assessed with it. See 3 COLUMBIA LAW REVIEW, 267, 287,

TORTS-INTERFERENCE WITH BUSINESS RELATIONS-RIGHT TO INJUNCTION. Defendants, officers of a labor union, threatened a strike unless certain persons would break contracts with plaintiff, because the latter had refused to recognize defendants' union. Held, plaintiff was entitled to an injunction restraining defendants from interfering with his business. Beattie v. Callahan (1903) 81 N. Y. Supp. 413.

The fact that the defendants procured an actual breach of contract between plaintiff and a third party, would seem to bring this case within the principle of Lumley v. Gye (1853) 2 E. & B. 216 cf. Rice v. Manley (1876) 66 N. Y. 385; but see Ashley v. Dixon (1872) 48 N. Y. 430. The court, however, rests its decision upon the general right of plaintiff to pursue his business unmolested. National Protective Association v. Cumming (1902) 170 N. Y. 315, is distinguished from the present case and reliance is placed upon Curran v. Galen (1897) 152 N. Y. 33. [See comment on these cases in 2 COLUMBIA LAW REVIEW 400 and 554.] The effect of the decision is that a desire on the part of the representatives of a labor union to enforce recognition of their organization by an employer of labor, is not such a legitimate "trade motive," as to justify interference with his business relations.

Sub

TORTS-NEGLIGENCE-DISCLOSURE OF TELEGRAPH CALLS. Defendant's operator disclosed to a stranger the "call" for a certain town. sequently the stranger tapped the wires, and, using the information thus obtained, sent a forged telegram to the plaintiff bank, which without negligence on its part, was induced to pay a forged draft. Held, the operator's act constituted negligence in the defendant, the negligence was the proximate cause of the bank's loss, and the defendant was liable. Western Union Telegraph Co. v. Uvalde Nat. Bank (Tex. 1903) 72 S. W. 232.

There is little authority exactly in point, but the decision seems correct. Telegraph companies are, in their duty toward the public, somewhat analogous to common carriers. Inviting the confidence of the public in the transaction of important business, they incur a corresponding obligation to keep their communications private. Having failed in this duty, the company should be liable for the consequences. Bank of Cal. v. W. U. Tel. Co. (1877) 52 Cal. 280. In Pacific Postal Tel. Co. v. Bank of Palo Alto (1901) 109 Fed. 369, and Magowirky. W. U. Tel. Co. (1901) 79 Miss. 632, the companies were held liable for the fraud and collusion of their own agents, and in Elwood v. Tel. Co. (1871) 45 N. Y. 549 the company was held liable for the negligence of its operator in sending a forged telegram when the circumstances of the sending should have raised his suspicions.

TRUSTS INDEMNITY – LIABILITY OF CLUB MEMBER. The administrator of a trustee for the New South Wales Club sued the defendant, a member of the club, for indemnity from a liability sustained by reason of the trustee's ownership of the club premises. Held, the club member was not liable to indemnify the trustee in the absence of a rule of the club imposing such liability. Wise v. Perpetual Trustee Co. (1903) 72 L. J. P. C. 31. See NOTES, p. 407.

BOOK REVIEWS.

THE AMERICAN REPUBLIC AND ITS GOVERNMENT.-By James Albert Woodburn. New York and London: G. P. Putnam's Sons. 1903.

pp. v, 410.

In a well-worked field it is difficult to present the subject of Civics in a new light, yet Professor Woodburn has marked out a somewhat new field and has produced an excellent treatise. Bryce's American Commonwealth is confessedly the model after which he has constructed a work of much smaller dimensions. The aim of the work is best expressed by the author's own words: "With a view to this larger study of American politics, and as leading up to it, it seems to me necessary to recognize that between the field for the elementary text books in Civics and that of the advances in the universities that call for special and extensive study in works like that of Mr. Bryce, there is an intermediate field. My effort has been to fill this gap, to provide an intermediate book for advanced courses in high schools or for elementary courses in colleges. It is believed that in this field of Civics there are two classes of students well prepared for more advanced work than is ordinarily pursued in high school, whose interest will be more easily and effectively aroused and sustained by a somewhat elaborate discussion of the more important subjects in the study of the American Government and its principles. For this purpose it seems better to present more extensive treatment of fewer subjects than to reconsider the great variety of miscellaneous topics usually contained in the books on elementary Civics."

Thus only a small number of subjects are taken up and these are treated with considerable fullness. Under the caption of the Principles of the Fathers are set forth the principles of our government as conceived by those who founded it, as set forth in their writings. The nature of the federal nation is treated with considerable fullness. The following four chapters deal with the president, the senate, the house of representatives, and the judiciary. One chapter is given to the state. Any consideration of local government is omitted. In spite of the author's declared intention to deal with the subject intensively instead of extensively, it seems a matter of regret that he did not find space for a chapter discussing the principles of local government. In most treatises on Civics either too much or too little space is devoted to this subject. We suffer from authors who give us too much history on the one hand and from the compilers of handbooks on the other. It is doubtful if the happy medium has been struck yet. The last subject treated is that of territorial government which is timely as it deals with our relations to our new possessions. A rather inexcusable slip is found in the fact that the book was allowed to go to press with the thrice-repeated assumption that the Danish West Indies had already been ceded to the United States. It is hardly safe to anticipate history, although history may soon verify the author.

The book is a valuable and scholarly one, yet it is doubtful whether it is not too difficult for even the most advanced classes in the high school. The ability to make a scholarly treatise clear to immature minds is an art in itself.

A TREATISE ON THE POWER OF TAXATION, STATE AND Federal, in THE UNITED STATES.-By Frederick N. Judson. St. Louis: The F. H. Thomas Law Book Co. 1903. pp. xxiii, 908.

The many important tax cases which have been decided by the courts, and especially by the Supreme Court of the United States, within the past few years, have rendered the standard works on the law of taxation so antiquated as to be almost useless on many questions. Mr. Judson's work was therefore needed, and, fortunately, it compares favorably with its predecessors. The limitations upon the taxing power dealt with in the text are only those of the National Constitution and those resulting from the dual form of government; but the text is supplemented by an appendix which includes a convenient compilation of the more important provisions of the State constitutions bearing upon taxation. These restrictions upon the taxing power of the State legislatures might well have been made the subject of more extended comment; but Mr. Judson has left the development of this part of the subject to other writers. It may be of some interest to note that the author of this work is also the author of an authoritative "Treatise upon the Law and Practice of Taxation in Missouri," and that he is prominent as a tax reformer, as well as in his profession, being a member of the Civic Federation Taxation Committee, of which Professor Seligman is chairman.

A TREATISE ON COMMERCIAL PAPER AND THE NEGOTIABLE INSTRUMENTS LAW.-By James W. Eaton and Frank B. Gilbert. Albany: Matthew Bender. 1903. pp. xciii, 767.

For the practising lawyer, this is the most desirable one-volume treatise on Commercial Paper, which has come under our notice. The law-student will also find it well adapted to his needs. While the text is based upon the Negotiable Instruments Statute, the doctrines, which have been modified by this legislation, are carefully stated either in the text or the notes. Undoubtedly, the book is especially suited to the requirements of the profession in the twenty and more jurisdictions where the Negotiable Instruments Law prevails, but it is a safe work in any jurisdiction.

The notes are especially valuable. They are not made up of masses of cited cases, although their array of this sort of authority is formidable. They are replete with pertinent quotations from other treatises, with the forms of equivocal or unusual instruments which have been construed by the courts, and with well-selected extracts from leading cases. They give unmistakable evidence of wide reading, of careful thinking and of sound judgment on the part of the authors.

THE HEALTH OFFICERS' MANUAL. - By L. L. Bayer. Albany: Matthew Bender. 1902. pp. xii, 289.

The Health Officers' Manual is little but a reprint of the Public Health Law of the State of New York, in some cases amended up to

date and in rarer cases accompanied by notes containing the decisions of the courts made in its interpretation. It is in no way a scientific presentation of the subject. It does not pretend to be one, but its purpose as stated in the preface "is to meet a demand, throughout this State, for a reliable guide to boards of health and health officers in their work of protecting the life and health of the people."

In addition, however, to a reprint of the Public Health Law (Chapter I) and miscellaneous statutes largely amendatory thereof, (Chapter II) the book does contain a short treatise on the powers and duties of local boards of health (Chapter III) and a draft of local sanitary ordinances proposed for adoption by such local boards. (Chapter IV). In an appendix are contained forms of the various papers, reports and orders made use of by health officers.

Chapter III. on the powers and the duties of local boards is naturally the only readable portion of the book. This seems to be reasonably well done, although it cannot by any means be regarded as an exhaustive treatise. The book, while of little value to the general student, seems however to be a useful one and ought to accomplish the purpose had in mind by its author when he compiled it.

CASES ON INTERNATIONAL LAW, SELECTED FROM DECISIONS OF ENGLISH AND AMERICAN COURTS.-Edited, with syllabus and annotations, by James Brown Scott, Dean of the College of Law, University of Illinois. Boston: The Boston Book Co. 1902. pp. lxvii, 961.

It is stated by the editor that this volume was originally intended to be a revision of the late Dr. Snow's Cases and Opinions on International Law, but that, as the work progressed, the changes made were so many and so radical that it seemed advisable to the publisher to issue it as an independent work. He remarks, however, that the arrangement closely follows Dr. Snow's, and is identical with it in most respects. By the "arrangement," he means the general plan of the work, which embraces a syllabus, with topical citations of authority, and following this the cases. The citations in the syllabus, so far as they relate to treatises, generally refer to the most recent works, in place of the earlier writers mentioned by Snow. But it is in the body of the volume that the departure from the lines laid down by Snow is most noticeable. It will have been observed that Dr. Scott has dropped from his title the word "opinions;" he has likewise dropped the opinions from his collection, if we use the term to denote extracts from the works of publicists, as distinguished from what judges have said in decided cases. Snow included in his volume many extracts from the works of publicists. Dr. Scott resorts only to judicial cases, and by so doing furnishes a demonstration of the extent to which international law is recognized and enforced by the courts.

In the present volume some of Snow's notes are preserved intact, while others are amplified; and in some instances new notes are given. In some of the amplified notes, it might have been well if the editor, instead of expanding them, had re-examined the views expressed in them. Take, for example, the note on Cutting's case (Snow, 174; Scott, 300); the entire discussion is based on a misconception. The United States expressly admitted, instead of denying, that a person who circulated a libel in Mexico would be answerable for the effects