In Re Augustus G. Moser.

1. Witnesses Criminating Evidence- Personal Privilege. The provisions of the Constitution of Michigan and of the United States that no witness can be compelled to give testimony which may tend to criminate himself or expose him to criminal prosecution is designed for the protection of the witness, and not for the protection of others, and does not shield the president of a corporation who refuses to produce before the grand jury, in obedience to a subpoena duces tecum, certain books of the corporation, where it appears that during the time in which the books sought and ordered to be produced were kept, and the entries therein made, the president had no connection whatever with, and no interest in any form in, the corporation, or any of its officers, and had no part in making the entries or personal knowledge of them. The fact that the entries may tend to incriminate other officers of the corporation is immaterial.

2.

Witnesses-Criminating Evidence-Who determines. A witness himself is not the sole judge of whether an answer to a question will tend to criminate himself. Unless it may so tend he must answer, and where it is apparent that it will not have that effect his refusal to answer will subject him to proceedings for contempt,

3. Search and Seizure-Books of CorporationCompulsory Production.—One cannot be compelled to produce his own books, or the books of another which are under his control as agent or otherwise, where their production would tend to criminate him, nor can his clerk, whose possession is his possession, be required to produce them but when, as the agent of a corporation, he chooses to make entries on the books of the corporation, and those books are in the actual and legal possession and control of another officer of the corporation,

or of the corporation itself, such officer may be compelled to produce them, in a proper case, under a subpoena duces tecum, and this does not amount to unjustifiable search and seizure as prohibited by the Michigan constitution.

REVIEWS.

REGULATION OF COMMERCE UNDER
THE FEDERAL CONSTITUTION.

By Thomas H. Calvert, Annotator of the Constitution in "Federal Statutes, Annotated,"

Published by Edward Thompson Company,

Price $3.

Northport, L. I,

New York.

This is the third in the series of handy volumes on Constitutional Studies being brought out by the publishers. It is a most timely volume as well as one of the latest on the subject of Interstate Commerce. The subject of regulating commerce has been a leading topic during the last four years with legislators and the press. Bar associations and lawyers generally have discussed the subject as to its effects and results drawing inspiration from such sources as were available, but without a systematic guide as to the step by step construction to be given the clauses of the Federal Constitution relative thereto. Up to a few months past the author of this book was absorbed with the critical study of the Constitution for the annotation of that monumental work the Federal Statutes, annotated. While so occupied he necessarily analyzed the field so minutely that the said la

bor revealed and unfolded to him thoughts, reasons, possibilities and authorities that another would have passed by and not observed. In fact the annotation of the Constitution made the author of this work the best fitted man to get out such a book as we have before us. His experience and scholarship together with the abundance of material has produced a book not only useful but a classic in the department covered.

The author has divided the treatment into three parts: 1st, the Constitutional provisions and the general power of Congress and the States. 2d, the subjects of regulation. 3d, State taxation as affecting commerce. In this order he has systematically discussed the subject uncovering each topie as it should first appear. This art of presenting the points of commercial regulation while full and learned to the appreciation of the most advanced legal scholar makes the book none the less understood by the layman interested in the rules that regulate commerce.-shippers and manufacturers as well as lawyers. Four points assure universal reception of the book: 1st that the author was thoroughly saturated with his subject and knew whereof he wrote. 2d, that he cites the Federal Statutes Annotated. 3d that he cites the applica e decisions in the Statutes and all later ones to date. And 4th, that when an obscure nook seems yet uncovered by adjudication, he naturally falls back for the reason of the law upon that inexhaustive store-house, the American and English Encyclopædia of Law-the legal luminary around which lesser lights must revolve. A table of cases and well arranged index closes the volume, making reference as easy and certain as reference to a dictionary.

REMSEN ON THE PREPARATION

AND CONTEST OF WILLS.

By Daniel S. Remsen, Author of "Intestate Succession in the State of New York."

Published by Baker, Voorhis & Company,

Price $6.35 Delivered.

New York.

In the "eternal fitness of things" no other publisher in the United States could be found better prepared to publish a work on Probate Law than Messrs. Baker, Voorhis & Company. For years they have employed some of the most distinguished legal scholars in the selection of the best consideral cases relatixe to probate matters and have now before the profession ten volumes of the cream of law on that subject, the Probate Reports. The book before us is a much desired addition to the Probate Reports. The author of the unique book on Wills is not unknown to fame as an author, "Remsen on Intestate Succession", has been a standard with the profession for some time past.

Remsen on the Preparation and Contest of Wills, however, may be considered his masterwork. The plan of the book is one that seems to take in consideration the old homely maxim, to "lock the barn before the horse is stolen," not afterwards. There is quite a number of works on Wills but none that meet the conception of the learned author. His is not so much to contest a bad will, but how to make a good one. Few things have done more harm to retard the reputation of a lawyer than poor advise in the making of wills. He has persued what might be termed a synthetic method of developing the essential points of law necessary for the construction of a valid will, and also in so doing he has set out the material parts of noted wills to illustrate the flaws they contain and what has been adjudicated by the courts concerning them, making the book an indis

pensable reference work to every practicing lawyer. Additional to the thorough discussion of the settlement of estates he digests the statutes on the subject making the book equally useful in any state or territory.

A great number of wills are used to illustrate important points in the execution; among these the will of Armour, Pullman, Astor, Belmont, Jay Gould, Vanderbilts, the Stanfords and a great number of others.

Not less interesting in this great work are three charts; one a table of consanguinity, a tahle of showing the degrees of estate, and third of the classification of estates as to time of vesting and their enjoyment Taking this book all in all, it is one of the most desirable that has appeared for many years. It closes with a copious and well arranged index.

EDITORIALS.

The Court of Civil Appeals of Texas has recently held, in Missouri, etc., R. Co. vs. Raney, 99 S. W. 589, that a common carrier is liable in damages to one who contracts smallpox from a ticket agent of the carrier while receiving a ticket; the court holding that the knowledge of the ticket agent at the time his person was infectious to those coming in contact with him was also knowledge of the Carrier. It was further held by the court that in estimating the measure of damages, it was not conjectural to take in consideration the liability to communicate the disease to the plaintiff's family as well as the loss of business resulting from fear of his patrons to come in contact with plaintiff while so afflicted.

Hon. H. N. Boardman, a bright young lawyer of of Okeene, has entered the race in his county for County Attorney. Mr. Boardman is a lawyer of most excellent character and standing and his election will please his many friends.