with the same amount of prescience as the psalmist, when he wrote: " Their line is gone out into all the earth;" and that a railroad may fill a man's house with the smoke of bituminous coal, with dust and cinders, and rock him to sleep with the gentle vibrations and dulcet notes of sixty-ton engines; would have gone far to create a healthier sentiment on the part of the rising generation, though the elder, like Ephraim, is so far joined to its idols, that it is better to let it alone-to save costs and vexation of spirit.

The work, however, is admirably planned and executed, and contains a very fair presentment of general principles, though defective in censure of the misapplication of these principles; and gives a clearer view of the law of eminent domain than any work hitherto published on that subject. Even, as it is, it will furnish an excellent instrument to open the eyes of a purblind court; and it cannot be too highly praised as a text-book for study.

One excellent feature, which might be adopted with advan tage by other writers, is the appendix of recent cases, decided since the writing of the text, thus bringing the decisions down to the time of going to press. There is also an appendix of constitutional provisions, which, when compared with the decisions, serves to strongly emphasize the futility of human hopes and efforts. R. D. S.

CHAPTERS ON THE PRINCIPLES OF INTERNATIONAL LAW. By Jons WESTLAKE, Q. C., LL.D. Cambridge, England: University Press; New York: MacMillan & Co., Publishers. 1894. Price, $2.60.

The author of this latest work upon the subject of international law is at present the Whewell Professor of International Law in the University of Cambridge. Although not intended primarily for use as a text-book in the class room, it is evidently the outcome of investigations engaged in for the It is not a purpose of teaching international law to students.

book which could be of much use to a practitioner when called upon to deal with an actual case involving the subject

in question. It was obviously not written with that end in view. Its object is well stated by the author himself in the preface when he says that the book is not a detailed treatise on international law, but an attempt to stimulate and assist reflection on its principles. The author has disclosed the same purpose in the selection of his topics, which are rather subjects for abstract study of a general character than of direct practical application. Of the eleven chapters into which the work is divided one treats of international law in its relation to law in general; three chapters include brief biographies of seven of the more prominent among the early writers on this subject; still another discusses the elements of international law, which are traceable in the histories of Greece and Rome. One of the most valuable passages in the book occurs where the author points out the distinction between modern international law and the jus gentium of the Romans; and another where he explains that this science was prevented from reaching any great development at that time by the fact that such development requires the existence of a considerable number of States on an cqual footing; whereas, at that period the Roman and Parthian empires divided the entire known world. Other chapters of the work, such as that upon the Empire of India, are of more interest to British readers than to our own sturlents, as they contain nothing of general application. The chapter upon international rights of self-preservation, to which the reader naturally turns among the first, because of the prominence of that subject in recent diplomatic negotiations, is much too brief and discursive to give much satisfaction. To a lecturer upon international law in a college, or to a writer about to prepare a paper upon certain branches of the science, there is much in the present volume which would prove interesting and helpful. It can also be recommended to any one desirous of becoming a student of the subject from the historical standpoint, or to investigate a little more deeply than most writers go into the sources from which international law springs. Among other classes of readers the book is not likely to have a very wide circulation.

RUSSELL DUANE.

A TREATISE UPON THE Law of Pleading under the Codes of CIVIL PROCEDURE. By PHILEMON BLISS, LL.D., Professor of Law in the Missouri State University, and late Judge of the Supreme Court of Missouri. Third Edition Revised and Annotated by E. F. JOHNSON, B.S., LL.M., Instructor of Law in the University of Michigan. St. Paul, Minn.: West Publishing Company. 1894.

The first edition of this work appeared in 1878, the second in 1887, and, as the learned editor says, the flattering reception given it by the Bench and Bar of the Code States, has called for a third edition in 1894.

As a working tool it, of course, appeals particularly to the practitioners of the Code States, now numbering twenty-six, but to those of the profession who desire to keep abreast with the progress of the law, to those who recognize that the law is a progressive science, it is entitled to careful study, even in States where special pleading and common law practice still hold their disciples in feudal tenure.

The author has perceived the distinction between the two classes of text books—digest and commentaries, and has the wisdom to elect for his subject the latter, and to discuss prinples, although always with deference to judicia! opinions. His book is not only a treatise but an apology, in the best etymological sense, on and of the system of Code Pleading. He indicates the reasons for its slow evolution, the want of harmony, the harsh discord due to the hostile conservatism of the Bench, and to the fact that it had to be worked out by legal minds inspired with a reverence for the old artificial forms of the common law which amounts to fetish worship. The learned author says on this point: "To this conservatism, as well as the disfavor or timidity with which the new system was received, we owe the fact that some of the rules peculiar to the common law, and opposed to the spirit of the new, are still cherished." ́

The point which a study of this book has forced upon the conviction of the reviewer, is that it exposes in terms the fallacious and shallow theory that it needs no acumen or learning.

to be a good pleader under the code practice, but that the ignorant and learned, the charlatan and the lawyer are on a footing. The author has expressed this thought, to which we wish to lend the weight of our conversion and conviction, with such felicity in his preface that we venture to quote from it again :" It is more necessary than before for the pleader to be a good and careful lawyer; also, that he should be able to write good English. His knowledge must be substantial and in studying his statement he studies his case. He must know what issuable facts will constitute a cause of action and must put there nothing else. One who becomes thoroughly familiar with the principles illustrated in this work cannot but become a good pleader—that is, if he understands his case."

We have addressed ourselves principally to the scientific import of the book for the consideration of the profession in "common law States" as a working tool in "Code States." The book is a good one.

The subject-matter is well marshalled, the broad underlying principles are sought for, explained, demonstrated. Sufficient authorities are cited. The writer evidences that his learning on the subject and science of pleading is broad and deep. The style is clear and forcible. Due attention has been paid to table of contents, table of cases and index, all of which are always of commanding importance. The make-up of the book is good; so also are its matter, method and manner, and we believe it must continue to command respect and attention. E. P. ALLINSON.

Handbook of the Law of ConTRACTS. By WM. L. Clark, Jr. Hornbook Series. St. Paul, Minn.: West Publishing Co., pp. 923. Price, $3.75.

This is one of the new series of attractive text-books issued by the West Publishing Co., under the name of the Hornbook Series," The reason for the name of the series lies in the fact that the well established general propositions of law are printed at the head of each section in bold black-letter type. The present volume contains three hundred and

eighteen propositions of hornbook law printed in bold type. Following the introductory statement in each section is a full and adequate discussion of the law, printed in more modest type. The general propositions are stated with great conciseness and clearness. An illegal combination among dealers is thus admirably descried: "A combination between dealers in a necessary commodity to control and enhance the price by preventing competition in the sale thereof, or by decreasing the production, or by withholding it from the market, or by other illegitimate means, is contrary to public policy."

Not only is the “hornbook" law well and clearly stated, but the literary style of the general discussion under each proposition is much above the average of the ordinary legal text-book. The author has well digested his material and in consequence is able to write with great freedom and grace. The book is an interesting one to read, which is more than can be said of most of the modern legal mosaics, which the practitioner is obliged to use in his daily work.

The author amply supports his propositions of law by appropriate citations. He states that 10,000 cases have been cited, and that every one of them has been personally examined, and cited because in point-"not because it has been cited by some other writer, or in some other case, or because it is found in the digests." This, of course, is the proper spirit in which to cite cases, and is worthy of all emulation. The book is well printed and well made, and is a worthy addition to the series of which it forms a part.

A. B. WEIMER.

By

A REVIEW IN LAW AND EQUITY FOR LAW STUDENTS. GEORGE E. GARDNER, of the Massachusetts Bar. New York: Baker, Voorhis & Co. 1895. 299 pages.

This little book is primarily designed for students who are making their final preparations for admission to the Bar. It contains the time honored definitions which it is proper for every student to master, no difference how well he may be grounded in principles, and able to frame definitions for him