corruption, extravagance and improvidence in the procurement of work and supplies for the city, and it should be so administered and construed as fairly and reasonably to accomplish this purpose: People ex rel. Coughlin v. Gleason, 25 N. E. Rep. 4 [N. Y. Ct. of App. 1890].

It is true that, as in the principal case, an injunction will sometimes be granted to restrain the proposed contract with a higher bidder; Mazet v. Pittsburgh, 137 Pa. 548 [1890]. But the injunction is a negative remedy, and it is a question whether the courts do not virtually nullify the statute and disregard the intention of the Legislature by refusing the writ of mandamus. CHARLES F. EGGLESTON.

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 W. S. Ellis, Esq., 736 Drexel Building, Philadelphia, Pa.]

TREATISES, TEXT-BOOKS, ETC.

A TREATISE ON THE LAW OF RES JUDICATA, including the Doctrines of· Jurisdiction, Bar by Suit and Lis Pendens. By HUKM CHAND, M.A. Printed at the Education Society's Steam Press, Byculla, Bombay. William Clowes & Son, London. William Green & Sons, Edinburgh. 1894.

A TREATISE ON GENERAL PRACTICE, containing Rules and Suggestions for the Work of the Advocate in the Preparation for Trial, etc. By BYRON K. ELLIOTT and WILLIAM F. ELLIOTT. Two Volumes. Indianapolis and Kansas City: The Bowen-Merrell Co. 1894.

AMERICAN PROBATE LAW AND PRACTICE. A Complete and Practical Treatise Expository of Probate Law and Practice as it obtains today. By FRANK S. RICE. Albany, N. Y.: Matthew Bender. 1894

THE NATURE of the STATE.

Open Court Publishing Co.

By DR. PAUL CARUS. Chicago: The 1894.

TENURE AND TOIL; OR, LAND, LABOR AND CAPITAL. By JOHN GIBBONS, LL.D. Chicago: Law Journal Print. 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.

THE FEDERAL INCOME TAX EXPLAINED. By Joux M. GOULD and GEORGE T. TUCKER. Boston: Little Brown & Co. 1894.

SELECTED CASES, ETC.

A SELECTION OF CASES AND OTHER AUTHORITIES UPON CRIMINAL LAW. By JOSEPH HENRY BEALE, JR., Assistant Professor of Law in Harvard University. Cambridge: Harvard Law Review Publishing Association. 1894.

CASES ON CONSTITUTIONAL LAW, with Notes. Part III. By JAMES BRADLEY THAYER, LL.D. Cambridge: Charles W. Sever. 1894.

THE 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. 1994. CASES FOR ANALYSIS. Materials for Practice in Reading and Stating Reported Cases, Composing Head Notes and Briefs, Criticising and Comparing Authorities and Compiling Digests. By EUGENE WAMBAUGH, LL.D. Boston: Little, Brown & Co. 1894.

THE STUDY OF CASES. A Course of Instruction in Reading and Stating Reported cases, etc. By EUGENE WAMBAUGH, LLD. Second Edition. Boston: Little, Brown & Co. 1894.

BOOK REVIEWS.

PLEADING AND PRACTICE Of the High Court of CHANCERY. By the late EDMUND ROBERT DANIELL, Barrister-at-Law. Sixth American Edition, with Notes and References to American Decisions, &c., adapting the work to the demands of American Practice in Chancery. By JOHN M. GOULD, Ph. D., author of the "LAW of Waters," &c. In three volumes. Boston: Little, Brown, & Co. 1894.

It is a work of supererogation at this day to say anything in praise of a book that has so thoroughly commended itself to the legal profession, and been the recipient of such eulogy from the most learned members of the bench and bar, as DANIELL'S CHANCERY PRACTICE. At its first appearance, it took precedence of all other text books on the subject, and has retained that position, without a rival. Other works, of greater or less value as brief epitomes of the principles and practice of equity, have from time to time appeared, and by their less cost obtained a considerable clientele; but DANIELL has always been, and still is, the most exhaustive and masterly work on "Chancery Practice," in its fullness and accuracy of detail, comprehensiveness of plan, and logical arrangement. All these features are enhanced by the skilful editing of the present edition, which has been enriched with a vast number of additional citations, bringing the cases down to a very recent date.

In particular, the equity rules of the Supreme Court of the United States have now been annotated for the first time, with all the federal decisions relating to their construction—a feature of the work, which alone will render the book even more indispensable to the equity lawyer than it has previously been (if the grammarians will permit the expression). But in addition, all the recent cases on Equity Practice in the Code States, as well as in the common law States, have been added, with

copious citations referring to and elucidating the many peculiar developments of the English Chancery system; the giving a complete view of the history and present condition of Equity Procedure. The results of this fulness of treatment may be seen everywhere throughout the book.

There are some minor points in which this present edition might have been improved upon. The notes, during the years that have elapsed since the first issue of the book, have been loaded with such a plethora of additional cases, as to necessitate their being printed in very small, and therefore trying type. It might have been better if the work had been printed in four volumes, though this would, perhaps, have hindered its sale. The notes are also in a somewhat chaotic state, owing to the last editor having printed many of his notes as addenda to the original ones, though also incorporating a large number of cases in the text of the old notes. It would have been far better, though of course a great addition to the labor required, if the notes had been wholly recast, and all the new matter worked into them.

The general use of the West Co. Reporters, also, renders a double citation of cases almost essential now-a-days in any text book that aspires to a general audience; but this will be found to be rarely the case in this book. These blemishes, however, are but trifling compared with the real value of the work that Mr. GOULD has done in this edition; and DANIELL'S CHANCERY PRACTICE may be safely affirmed to be more than ever the one essential book, both for study and for practical use, in reference to the practice in Courts of Equity; indispensable alike to the student, the practitioner and the judge.

X.

THE LAW OF EMINENT DOMAIN IN THE UNITED STATES. By CARMAN F. RANDOLPH. Boston: Little, Brown & Co. 1894.

The importance of this work can hardly be overrated. If there is one subject in the field of law, which is more misunderstood than another, it is the right of eminent domain.

On the one hand, the law-abiding citizen, who wishes to enjoy the fruits of his own labor, denounces it as an unwarrantable invasion of the right of the individual; on the other, the socialist, who prefers to board at some one else's expense, denounces it as ineffectual to compass his grand end, the confiscation of the property of the industrious for the benefit of the lazy. Yet, if it did not exist, there could be no progress; if it were not limited, there could be no stability, and, therefore, equally no progress.

But the tendency is to overlook the limitations, and lay too great stress upon the power. Mr. RANDOLPH, in his preface, states the cardinal principle, that : Private property exists;

if it is taken for public use, it must be paid for." But in his investigations he has, doubtless, found that courts do not always remember that fact, especially if they are interested in the stock of the corporations which exercise the power, or are the happy possessors of passes therefrom. And it is to be regretted that he has not more sharply criticised the shameful injustice that has been repeatedly imposed upon the owners of land, paid for by their own labor, for the benefit of speculators, who never did an honest day's work in their lives. This omission robs his work of much of the value that his thorough, painstaking investigation of the subject has otherwise earned for it.

As a statement of what has been decided on the subject, the book leaves nothing to be desired. From the historical outline of the doctrine down to the brief general conclusions at the end of some of the chapters, there is scarcely an important case omitted, or a judge-made principle of law disregarded. But he has not given enough space to the reconciliation of the conflicting decisions. True, the task would be Augean; but, however, imperfectly performed, it would have carned our lasting gratitude. A full, dispassionate review of the cases, which assert that a trolley road is no additional burden to the fee; that a corporation may poison the water of a running stream to the lasting injury of perhaps a hundred land-owners, without bearing an iota of the burden; that a man is presumed to anticipate the building of a cable road,