the community, so far as they are protected by the Constitution of the United States, should be maintained. And by this it is clear that merchandise brought from one State into another, and until it leaves the condition in which it is sent and is sold or consumed, cannot be interfered with by the State unless it be to require it to be so kept as to injure no one. But if it is absolutely harmless, and still more, if it be a useful article that can under no circumstances injure any one it is not within the power of the State, even when engaged in the beneficient scheme, of preventing competition with the products of some of its own citizens at the expense of the masses to make the possession of such an object of commerce criminal even with the aid of the police power. While, therefore, if it had been shown that this defendant had ventured to use oleomargarine on his bread at his breakfast, I should have felt myself bound to draw the inference that he had been guilty of substituting, to use the words of the Act, an oleoaginous substance not made from cream in the place of butter or cheese, I am, I think, prohibited by the Constitution of the United States from interfering with an article of commerce coming from another State, and which is free from all objections except relative cheapness as compared with butter, or with the liberty of a person who is simply the possessor of the article in the condition it which it is carried by the railroads from another State into this. It will be time enough to consign him to prison when he ventures to consume the article as food or to sell it in any condition other than that in which it was imported. For until otherwise instructed I am compelled to hold that the right to import merchandise, guaranteed by the Constitution of the United States, includes also the right to sell it and in this I am supported by the Supreme Court of the United States in Leisy v. Hardin, which, though asserted in reference to intoxicating liquor, does not seem to be confined to that particular class of merchandise, I therefore give judgment for the defendant. BOOKS RECEIVED. [All legal works received before the first of the month will be reviewed in the issue of the month following. Books should be sent to William Draper Lewis, Esq., 738 Drexel Building, Philadelphia, Pa.] A TREATISE ON THE LAW OF MUNICIPAL CORPORATIONS IN THE UNITED STATES. BY CHRISTopher G. TieDEMAN. New York and Albany Banks & Bros., 1894. HAND-BOOK OF CRIMINAL LAW. By WM. L. CLARK, JR. St. Paul, Minn.: West Publishing Co., 1894. A TREATISE ON THE LAW OF MORTGAGES OF REAL PROPERTY. By LEONARD Joxes. In Two Volumes. Fifth Edition. Boston: Houghton, Mifflin & Co., 1894. THE LAW RELATING TO REAL ESTATE BROKERS, as decided by the DIGEST OF Insurance Cases, for the year ending October 31, 1893. A TREATISE ON THE LAW OF BUILDING AND BUILDINGS, especially referring to Building Contracts, Leases, Easements and Liens, containing also Various Forms Useful in Building Operations, a Glossary of Words and Terms commonly used by Builders and Artisans, and a Digest of the Leading Decisions on Building Contracts and Leases in the United States. By A. PARLETT LLOYD. Second Edition. Revised and enlarged. Boston and New York: Houghton, Mifflin & Co., 1894. A TREATISE ON THE LAW OF MORTGAGES ON PERSONAL PROPERTY. By LEONARD A. JONES. Fourth Edition. Revised and enlarged. Boston and New York: Houghton, Mifflin & Co., 1894. AMERICA RAILROAD and Corporation Reports, being a Collection of the Decisions of the Courts of Last Resort in the United States pertaining to the Law of Railroads, Private and Municipal Corporations, including the Law of Insurance, Banking, Carriers, Telegraph and Telephone Companies, Building and Loan Associations, etc. Edited and annotated by JOHN LEWIS. Vol. VII. Chicago: E. B. Myers & Co., 1893. THE BANKING Question in the United STATES, Report of the meeting held on January 12, 1893, under the auspices of the American Academy of Political and Social Science. Addresses by HORACE WHITE, MICHAEL D. HARTER, A. B. HEPBURN, J. H. WALKER, HENRY BACON and W. L. TRENHOLM. Philadelphia: American Academy of Political and Social Science, 1894. THE BENCH AND BAR OF NEW HAMPSHIRE, including Biographical Notices of Deceased Judges of the Highest Courts and Lawyers of the Province and State, and a List of Names of those now living. BY CARL H. BELL. Boston and New York: Houghton, Mifflin & Co., 1894. THE LAW OF Pleading Under the CoDES OF CIVIL PROCEDURE. By EDWIN F. BRYANT Boston: Littie, Brown & Co., 1894. Report of THE TAX COMMISSION OF OHIO, of 1893. AN ESSAY ON THE LAW RELATING TO Telegraph COMPANIES. By EDWARD BROOKS, JR., of the Philadelphia Bar. Lancaster: Wickerham Printing Co., 1893. BOOK REVIEWS. THE LAWS AND JURISPRUDENCe of England and America: being a series of lectures delivered before Yale University. By JOHN F. DILLON, LL.D. Boston: Little, Brown & Co. 1894. Yale University is doing her full share towards the advancement of American Jurisprudence. Of the judges now constituting the bench of the Supreme Court of the United States, three are sons of Yale, and, if the wishes of her alumni who are lawyers can prevail at Washington, she will soon have a fourth in the person of Judge Simeon E. Baldwin, of the Supreme Court of Errors of Connecticut, who has been, for many years, the great high priest of the Yale Law School. She was the first University in America to establish a graduate course leading to the higher degrees in law, and affording to students ambitious of becoming scholars an opportunity of studying law as a science, and of rounding out their legal acquirements with a knowledge of the more profound and philosophical principles of jurisprudence as set forth in the works of the great jurists of this and other countries. It is the work done in such professional schools which led Professor Brice to say in The American Commonwealth: “I do not know if there is anything in which America has advanced more beyond the mother country than in the provision she makes for legal education." To Judge DILLON and to Yale we owe the book now before us, which consists of a series of lectures delivered before the University by the author when he held the Storrs professorship, and will tend to establish still more firmly our title to such high praise from foreign scholars. It is a work which every educated man, whether lawyer or layman, will read with delight. The heavy paper the beautiful typography, the digest of each lecture in the table of contents, and of each paragraph on the broad margin of the page, the table of cases and of authors cited, and the full index, combine to make the book one of which its publishers may be proud, and "The Laws and Jurisprudence of England and America" are treated by the learned author with that lucidity and grace of diction which always characterize his writings. The first four lectures deal with "Our Law in its Old Home-England." Beginning with definitions of law and of jurisprudence, our author expressly states that he does not mean to include in “our law" either the moral law, or the science of politics, but merely "the law of the land as it actually exists in distinction from what, in the view of the law reformer or of the legislator or of the jurist, it is conceived or believed it ought to be," but he leaves us in no doubt as to his own belief in the intimate relation of the two sciences of Ethics and Jurisprudence. "Ethical considerations can no more be excluded from the administration of justice, which is the end and purpose of all civil laws, than one can exclude the vital air from his room and live. Any man who in good faith obeys the dictates of a pure and honest heart, whose civil conduct towards his fellow men is guided by the sense of justice and right, which is graven on his heart by the Supreme Law-giver, will find such a course of conduct, except in the rarest instances, to be in perfect conformity with the requirements of the laws of his country. This is to me conclusive proof of the social and ethical nature and foundation of our laws." The education and discipline of the English Bar, and the history, character and purposes of the Inns of Court, are treated at length, and a long and interesting note on their literary associations gives us fascinating details of the relations sustained to the Inns by such men as Beaumont, Bacon, Fielding, Smith, Lamb, Thackeray and others. "Our Law in its New Home-America," is the subject of the next three lectures, and its expansion, development and characteristics in the political and judicial systems of our own country are given with a fulness of detail and a clearness of statement which leave nothing to be desired. Confessing that the English law lacks the artistic symmetry of its great rival of continental Europe, our author, nevertheless, is in no doubt |