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COMPARATIVE ADMINISTRATIVE LAW. An Analysis of the Administra
tive Systems, National and local, of the United States, England, lirance and Germany. Vol. 1, Organization ; Vol. 11, Adminis. tration. By FRANK J. Goonsow, A.M., ILD. New York and London: G. P. Putnam's Sons, 1893.
It was with great plcasure that we received the first work in linglish on the imporlant subject of Alleninistrative law. bis a people we seem to have been heretofore so taken up with establishing popular goveru. ment that we have neglected to regarı, as worthy of special treatment, the question of how the officers of government should execute the laws or how the officers sliould be beld up to their work. Mr. Goodxow makes a very good beginning. As lie says himself, in his prcsace, he has not attempted to treat the subject exhaustively. His intention has been to set forth in the first place the metliouls of administrative organization alloptool in the four countries wliose law is considered; namely, the United States, England, France and Germany; and to state, in the second place, the means of holding this organization up to its work, and of preventing it froin encroaching on those riglits which have becu guaranteed to the individual by the constitution or laws.
The first voume treats of the question of the organization of the administrative departments of thic central and local governments; and the second volume of the way in which the individual can obtaia redress for wrongs inflicted upon him by the administrative officer,
The whole forms an excellent introduction to a more particular study of the subjects treated. As is the intention of the author, &t no point is the discussion full and exhaustive. and, therefore, the interest which the work will excite in the minds of the readers will depend largely upon liis previous acquaintance with the particular subject under discussion. por instance, where the author treats of mandamus, what is said is very good, but it is necessarily too cursory to be of interest or of value to the lawyer. On the other hand, few lawyers will fail to be interested and benefited by the short and concise account of the alministrative courts of France and Germany. Ii is not that the discussion is any more full in the one case than in the other, but that in treating of administration in continental countries, be treats of something which is entirely new to ninety-nine buudredths of the members of our bar. In the sainc way the local administrative goverinent of Germany and I'rance is intensely interesting, while most lawyers will skip the account of the office of President of the United States.
It must be remembered that we are reviewing the book simply from the standpoint of a lawyer, and vol from that of the general reading public. To the lawyer the book as a whole would be more vteresting if the author had confned himself to administration in the foreign contiveutal countries, that is, l'rance and Germany. This, however, would have marred its usefulness in colleges, into which it will doubtless be largcly introduced; both because it is the only English work on Comparative Administrative Law, and as an excellent introduction to the more minute study of the subjects treated.
W. D. L.
A TREATISF, ON THE Writ of HABEAS CORPUS, WITH PRACTICE AND
FORMS. By W11.LIAN S. CHURCH. San Francisco: Bancroft-Whitney
As far as the writer knows the only other work exclusively deroied to this subject is Juilge llurd's Treatise, the last edition of which appeared in 1876. Mr. CHURCH's book was first published in 1884. Since that date considerable change has been essected in the law of the writ of babeas corpus, pariicularly in the Federal Courts, by the passage of the Appellate Courts Act of March 3, 1891, which fact, together with the large number of recently decided cases ou the subject, render a fresh appearance of the work particularly acceptable.
Two new chapters have been added ; one on the "Nature of the Writ," the other on “ Appellate Practice." The former, which begios with an elaborate definition of the writ, serves as an excellent introduce tion to the succeeding chapters, embracing almost the entire general treatment of the subject, with the exception of the historical side. The chapter on " Appellate Practice" is a useful if not necessary addition to the work, treating fully of the nature of an appeal in habeas corpus cases, as well as sumarizing the instances under which the appeal can be taken.
By no incans the least interesting and important feature of the treatise is the writ historically considered. The author admirably traces bis subject from thic Ronian interdict “De libero bomine exbibendo" through Magna Charta to the famous statute of Charles II. To this subject he devotes a chapter. Continuing, he gives us the general history of the writ in the colonies and subsequently in the United States, and adds a separate chapter containing the more important Federal statutes.
The work concludes with a convenient collection of the various forms used in the halveas corpus proceedings from the petition to the return, as well as miscellaneous forins.
The author's style is much to be admired. It is clear and excep tionally intelligible ereu to tlie lay miud, and for that reason pove the less raluable to the professional man. The discussions are liberally and aptly illustrated, and plentifully supplied with references and notes. Ti: notes on the chapter devoted to the evidence are especially of value.
We wish we could say as much for the physical structure of the work as its literary character unquestionably deserves.
A thousand pages are too many to be crowded into one volume, especially in the case of a text book, which, more than any otber book, a lawyer finds occasion to take home with him. Besides, the lack of durability of very thick books is familiar to all lawyers. The work should have been divided into two volumes. The printing, too, is thin, and at times indistioct, although the headings, with wbich tbc sections are distinguished, are clear enough. A list of more than 3000 cases is appended.
W. S. E.
1.P.CTI'RES IN SANITARY LAW. By A. WYSTER BLYTH. London and
Xew York: MacMillan and Co., 1893.
This work contains twelve lectures on Sanitary law delivered loy thic author at the College of State Meilicine, lingland, as a part of the usual course of instruction in Sanitary Law and Science; aud while not directiy applicable to the condition of things cxisting in this rountry, it is interesting and valuable to all cultivating this branch of jurisprudence. To members of State legislatures and to alderoven and licaith officers in our cities, it would be invaluable, could they be persuaded to read it, as embodying the experience of an old and enlightened State and affording valuable suggestions for legislatiou in this country.
MARSHALI, D. EWELI,
THE LAW OF CONTRACTS. By TileOPIILUS Parsons, LI..D. Eighth
edition. Blited by SANUKI, WILLISTON. 3 volk. Boston: Litlle, Brown & Co.
Professor Paksoss' alrcady valuable work is renilered additionally valuable by the copious accurate and clear potes added to this edition by Mr. Williston, of Harvard. It is singularly appropriate that the work of the man who did so much to establish the reputation of the Ilarvard Law School should be edited by a member of the present saculty of that Seliool. Mr. Williston has lelt the text practically untouchci, save for certain slight ouissions renilered necessary, by receni changes and developments of the law of contracts ; hic has also retainced the greater part of the author's original notes, omitting only certain extracts froin the opin. ions in various cases which have ccased to be of authority: hc has, how. ever, discarile the notes of all previous cditors with the exception of a few by Mr. Keller, clitor of thc seventh cililion, to which, in every in. stance, his initial is attached. The author's notes are printed in parallel coluuins while the notes of the editor extend across the page, so that it is at once apparent to whose authority cach nutc owes its weight. While Mr. Williston's notes are throughout clear, accurate and learned, they are especially full in the first part of the work, that devoted to consider. aliou of the obligation assuincil the parties-lhe notes upon Agency, Bills and Notes and Consiileration being morc especially copious, value able and scholarly. IIc has carefully avoided the common temptation of annotators to indulge in controversial writing, and while in cvery case where the text is ambiguous, or through a clange in the law has become misleading, the doubt is cleared away or the error corrected, the notes remain notes upon the original work and not a series of contro. versial essays. The modern cases have been exhaustively examined and their effect clearly stated. In short, thic whole work shows care, learn. ing and respect and reverence for the author's work, and is a very useful au able expositiou of the result of modern cases upon the subject matter.
P. H. B.
RAILWAY INJURIES. WITH SPECIAL REFERENCE TO THOSE OF THE
BACK AND NERVOUS SYSTEM IN THEIR MEDICO-LEGAL AND CLIN. ICAL Aspf.cts. By HERBERT W. PAGE, M.A. (Reprinted from Wood's Medical and Surgical Monographs. New York: William Wood & Co., 1892.
The above-named work is one well known to both the legal and medical professions and its merits are such as to need no commendation at our hands. To one investigating a case simply of “ railway spine " it is indispensable.
MARSHALL D. EWELL,
THE ANERICAN Digest (Annual, 1893). Prepared and edited by the
Editorial Staff of the National Reporter System. St. Paul, Minnesota: West Publishing Co., 1893.
The Digest of the West Publishing Company is too well known by the profession, and its great usefulness has been too often illustrated to the thousands of lawyers who possess it to need any commendation from us. The volume before us, containing more than three thousand pages, is wbat it pretends to be, a complete digest of all the decisions of the United States Supreme Court, all the l'nited States Circuit and District Courts, the Courts of Last Resort of all the States and Territories and the Intermediate Courts of New l'ork State, Pennsylvania, Ohio, Illi. aois, Indiana, Missouri and Colorario, besides the United States Court of Claims and the Supreme Court of the District of Columbia. The arrangement, the system of cross-reference, etc., is excellent. Nothing seems to have been omitted which could aid the rapid finding of cases. One cannot but admire the organization and system which in the short space of six weeks edited and printed such an enormous tome. There is only one thing wbich the possessor of a series of these annuals will need us tine groa on, and this want will undoubtedly be supplied by the enterprising company which has done so much for the profession. Many of the cases are reported in the National Reporter System long before they appear in the official reports. As a necessity, therefore, Ibe refer. ence to the official reports is frequently omitted, because the case is not yet reported. In a few years, however, one looking over the Digest will need a supplement containing the official citations of those cases reported in previous puwbers of the Annual, aud to which no official citation is attached.
To u this Digest is invaluable. It has the great merit-the greatest, perhape, which any book can bave of doing well what it starts ont to do.
W. D. L.
1.ECTI'RES IN SANITARY LAW. By A. WYSTER BIYTK. London and
Xew York: MacMillan and Co., 1893.
This work contains twelve lectures on Sanitary law delivered loy the author at the College of State Meilicine, liugland, as a part of the usual course of instruction in Sanitary Law and Science; and while not directiy applicable to the condition of things cxisting in this rountry, it is interesting and valuable to all cultivating this branch of jurisprudence. To members of State legislatures and to aldermen and health officers in our cities, it would be invaluable, could they be persuaded to read it, as ein bodying the experience of an old and enlightened State and affording valuable suggestions for legislatiou in this country.
MARSHALI, D. EWELI.,
THE LAW OF CONTRACTS. By TU ROPITILUS Parsons, LI..D. Eighth
cilition. Biliteil by SANUKI. WII.listox, 3 vols. Boston: Little, Brown & Co.
Professor Paksoss' alrcady valuable work is renilered additionally valuable by the copious accurate and clear notes added to this edition by Mr. Williston, of Harvard. It is singularly appropriate that the work of the man who did so inuch to establish the reputation of the Ilarvard Law School should be cdited by a member of the prescut saculty of that Salool. Mr. Williston has leit the lext practically untouchicil, save for certain slighit omissions rendered necessary, by recent changes and developments of the law of contracts ; hic has also relained the greater part of the author's original notes, omitting only certain extracts froin the opin. ions in various cases which have ccnsed to be of authority; he has, howcver, discarileil the notes of all previous cditors with the exception of a few by Mr. Keller, cditor of thic seventh cilition, to which, in every instauce, his initial is altached. The author's notes are printed in parallel coluuins while the notes of the editor extend across thc page, so that it is at once apparent to whose authority cach nulc owes its weight. While Mr. Williston's notes are throughout clear, accurate and Icarned, they are csjecially full in the first part of the work, that devoted to consideralion of the obligation assuincil by the parties--the notes upon Agency, Bills and Notes and Consideration being more especially copious, valu. able and scholarly. llc has carefully avoided the common temptation or annotators to indulge in controversial writing, and whilc in every case wliere the text is ambiguolis, or through a change in the law has becoinc misleading, the doubt is cleared away or the error corrected, the noles remain notes upon the original work and not a scrics of contro. versial essays. The moderu cases have been exhaustively examined and their effect clearly stated. In short, the whole work slows care, learn. ing and respect and reverence for the author's work, and is a very useful an able ex position of the result of modern cases upon the subject matter.
P. H. B.