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pledgee to retransfer it; because the legal title being vested in the pledgee by the transfer, the pledgor has no other remedy: Smith v. Anderson, 27 S. W. Rep. 175.

The Supreme Judicial Court of Mainc has just ruled, in Mitchell v. Abbott, 29 Atl. Rep. 1119. that when the offer of a

reward is not acted on for twelve years, it will be

presumed, in the absence of facts showing a contrary intent, that it has been revoked. This is in accord with the general rule. See an annotation on this subject in i Am. L. Reg. & Rev. (N. S.) 223.

The reports of the past month are rich in additions to the legal history of strikes. Judge Grosscup, in his powerful

charge to the Federal Grand Jury at Chicago,

reported in In re Charge to Grand Jury. 62 Fed. Rep. 828, set the seal of his disapprobation on the action of the railroad strikers in no uncertain manner. In his opinion, the

opcn and active opposition of a number of persons, as in that case, to the execution of the laws of the United States of so formidable a nature as to defy for the timc being the authority of the government, constitutes an insurrection, even though not accompanied by bloodshed, and not of sufficient magnitude to render success probable. This is in harmony with the charge of Chief Justice Paxson, of Pennsylvania, made under similar circumstances, at the time of the Homcstead riots : Homestiad Case, (Pa.) in i D. R. 785..

Similarly, the Circuit Court for the Southern District of Ohio, in Thomas v. Cincinnati, V. 0. & T. P. Ry. Co., 62 Fed. Rep. 803, has decided that a combination to incite all the railroad employés in the country to suddenly quit their service, without any dissatisfaction with the terms of their employment, thus paralyzing all railroad traffic, in order to starve the railroad companies and the public into compelling an owner of cars used in operating the roads to pay his employés more wages, they having no lawful right so to compel him, is an unlawful conspiracy by reason of its purpose, whether such purpose is effected by means usually lawful or otherwise.

Quite as severe a setback was given to the arrogance of the strikers, when the Circuit Court for the District of Washington, in Booth v. Brown, 62 Fed. Rep. 794, held, that when employés of a railroad join in a general strike, without grievance of their own, for the purpose of compelling, by obstruction of travel and hindrance of traffic, parties to one side of a pending controversy to yicld actual or supposed rights, and Icave the ser. vicc under such circumstances as make it necessary to fill their places in order to continue the operation of the road, the court will not, by rcason of thcir past services, direct the receivers to reinstate them.

The Court of Civil Appeals of Texas has recently decided one of the strangest questions that was ever raised in a court

of law, by declaring, in Williams v. Ford, 27 S. W. Subrogation

Rcp. 723, that by payment of the services and expenses of an officer in performing an official act, a person does not become subrogated to any right in the fees allowed such officer !

According to a recent decision of the Court of Civil Appcals of Texas, it is not sufficient for a telegraph company, when the

addressec of a telegram, not sent to the care of any Telegraphs

one, is not at thc place of address, to leave the telegram at that place, but reasonable diligence must be used to find him : West Union Tel. Co. v. De Jarles, 27 S. W. Rep. 792.

The Supreme Court of New York holds, that the rule that where the goods of an innocent person have been wrongfully

mingled with the goods of another so that they

cannot be separated, the whole bulk will be awarded to the innocent party, does not apply where the interests of third persons intervene, and full protection can otherwise be given to the innocent person whose goods were wrongfully used: Nai. Park Bk. of New York v. Goddard, 30 N. Y. Suppl. 417.

Torts

The Supreme Court of Alabama has lately ruled, in Barn

Vendor and

Vendas

hill v. Howard, 16 So. Rep. 1, that a collateral agreement

that one of the vendors of a yokc of oxen should

be hired by the vendee at a stipulated price per day, “ to drive the team and have possession and control until they are paid for, and as long thereafter as they can agree,” gives possession to such vendor as a driver only, and he cannot, on non-payment of the price, detain them from the vendec.

BOOKS RECEIVED.

(All legal works received before the frst of the month will be reviewed in the losne of the month following. Books should be sent to W. S. Ellis, Esq.. 138 Drexel Building. Philadelphia, Pa.)

TREATises, TEXT-BOOKS, ETC.
A TREATISE ON THE LAW OF RES JUDICATA, including the Doctrines of

Jurisdiction, Bar hy Suit and Lis Pendens. By Huku CHAND, M.A.
Printed at the Education Society's Steam Press, Byculla, Bombay.
William Clowcs & Son, London. William Green & Sons, Edin-

burgh. 1894. THE NATURE OF THE STATE. By Dr. Paul CARUS. Chicago: The

Open Court Publishing Co. 1894.
COMMENTARIES ON THE LAW OF PERSONS AND PERSONAL PROPERTY.

Being an Introduction to the Study of Contracts. By THEODORE
W. DWICHT. Edited by EDWARD F. DWIGHT. Boston: Little,

Brown & Co. 1894.
A TREATISE UPON THE LAW OF PLEADING, UNDER THE CODE OF CIVIL

PROCEDURE. By PHILEMON BLISS, LL.D. Third Edition. Revised and Annotated by E. F. JOHNSOX, B.S., LL.M. St. Paul : West

Publishing Co. 1894. EXPOSITION OF THE LAW OF CRIMES AND PUNISHMENTS. By JOHN B.

MINOR, LL.D. Richmond : Printed for the Author, ANDERSON

BROTHERS, University of Virginia. 1894. A TRRATISE ON GENERAL PRACTICE, containing Rules and Suggestions

for thc Work of the Advocate in tlic Preparation for Trial, etc. By Ryron K. ELLIOTT and WILLIAM F. ELLIOTT. Indianapolis and

Kausas City : The Bowen-Merrell Co. 1894. TENURK AND SOIL; OR, LAND, LAHOR AND CAPITAL. By JOHN GIB

HONS, LL.D. Chicago: Law Journal Print. 1894.
PLEADING AND PRACTICE IN THE HIGH COURT OF CHANCERY. By E. R.

DANIELL. Sixth American Edition. Edited by John M. ĠOULD.
Boston: Little, Brown & Co. 1894.

SELECTED CASES, ETC. A SELECTION OF CASES AND OTHER AUTHORITIES Urox CRIMINAL

LAW. By Joseph HENRY BEALE, JR., Assistant Professor of Law in Harvard University. Cambridge: Harvard Law Review Publish.

iug Association. 1894. CASES ON ConstiTUTIONAL LAW, with Notes. Part III. By JAMES

BRADLEY THAYRR, LL.D. Cambridge: Charles W. Sever. 1894. THR AMERICAN Digest. (Annual, 1894.) Being Volume VIII of the

United States Digest, Third Series Annual. Also, the Complete
Digest for 1894. Prepared and Edited by the Editorial Staff of the
National Reporter System. St. Paul: West Publishing Co. 1894

BOOK REVIEWS.

SOURCES OF THE COXSTITUTION OF THE UNITED STATES,

CoxsIDERED Is Relatios TO COLONIAL AND ENGLISH HISTORY. By C. Ellis Stevens, LL. D., D. C. L., F. S. A. (Edinburgh). New York: MacMillan & Co. 1894, pp. 277.

This book occupies a new field. It is a systematic attempt to establish the original sources of the various provisions of the Constitution of the United States. The author very naturally finds them in the institutions of England, more or less modified by the colonial channels through which they came. No one who reads the book can fail to be impressed with the vastness of the institutional history back of the Constition. Americans naturally feel complimented when Mr. Gladstone pats them on the back, and tells them that “the American Constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man; " but but every well informed person knows that there is very little that is really new in the Constitution, and that far from being the result of the quiet and peaceful deliberations of leamed philosophers and statesmen, it was really made up of the compromises of fiercely contending factions, and its final adoption only wrung from “the grinding necessities of a reluctant people."

Dr. Stevens' work furnishes a very complete answer to the exaggerated claims of Douglas Campbell on behalf of the Dutch origin of our national institutions. The audacity and brilliancy of Campbell's book at first carried the public with him, but sober second thought has convinced readers that there is little substance to the Dutch claims. We probably owe the public school system and election by ballot to Dutch suggestion, but very little else. Our Constitution laws and

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