Abbildungen der Seite
PDF
EPUB

One of Bjornson's characteristics is, the remarkable versatility of his genius. He is at the same time great as a novelist, a poet, an essayist, a dramatist, an orator, and a philosopher. One of his earlier writings, "The Republic," is pervaded by a deep and profound political philosophy. One day Bjornson asked me if I had heard the music at the Theatre du Chateau d'Eau, near the Place de la Republique. I said I had not and asked him if it was good. He replied "I suppose it is the best in the world." When I reflected that this had not come from a Frenchman, I resolved to go. If it was not the best, it would be difficult to say where it could be excelled. The music was entirely instrumental. There were 100 instruments, one of which was played by a lady.

The first piece was the Symphonie en la majeur, by Beethoven. It lasted 'three-fourths of an hour. Before the first part was finished, many of the audience were in tears.

I do not purpose to describe any of the sights of Paris-its public buildings its parks-its fountains-its churches-its cemeteries-its museums and collections of paintings, statuary and antiquities-its many and varied places of entertainment and amusement-its theaters or the grand opera. This I attended with Strakosch and the American singer, Miss Thursby, who had just returned from an engagement in the Scandinavian countries. There she had been accompanied by Wolff, the violinist, under the management of the son of the famous Ole Bull.

The American minister, Mr. Morton, was absent from Paris, but from the accomplished and gentlemanly Secretary of Legation, Mr. Henry Vignaud, of Louisiana, I obtained a ticket to attend the opening of the Chamber of Deputies, on the 14th of October. There was nothing on this occasion to particularly distinguish it from other legislative bodies.

On the evening of October 21, in company with Fernando Jones, of Chicago, I attended the "Ramblers' Club." It was composed of American travelers and sojourners in Paris, and part of the exercises consisted in the relation by the members, of their experiences and adventures in traveling. Some of these were very amusing. One of the members had invented a new balloon, for taking observations in time of war, and this invention he elaborated at considerable length. It was connected with a new system of explosive projectiles.

When an American has become adjusted to his surroundings, he may feel almost as much at home here, as in New York or Chicago. When one contemplates the quiet, orderly and industrious inhabitants of the Paris of

to-day, he wonders where the excited people came from who have repeatedly carried destruction through the City.

The first week in November was an exciting one to Americans in Paris, who were eagerly watching the returns of the presidential election. It was not until Saturday, the 8th, that the matter was looked upon as decided.

Perhaps the most interesting thing I saw in Paris was the Hotel and Museum de Cluny, especially the great hall and roof of the ancient castle of Therme. This hall must be from 60 to 70 feet across, each way, and about the same in height, with a self-supporting roof of solid masonry. The roof appears to have stood in its present condition 1500 years. According to the chroniclers, it was here that Julian the Apostate was proclaimed Emperor, in the year 360. It appears to be as old as the reign of Constance Chlore. When one observes the signs of the great antiquity of this stone, and reflects upon the distance across, and the quantity of stone overhead, it is impossible not to have a feeling of danger; especially when the eye is directed to some ominous fissures.

Having seen something of Paris, but having a vivid consciousness of how much there was that I had not seen, I took the cars, on the 8th of December, for Berlin.

C. B. W.

BOOK REVIEWS.

A TREATISE ON PRIVATE CORPORATIONS. The effect of the clause of the Constitution of the United States that forbids a State to pass a “Law impairing the obligation of Contracts," upon the police control of a State over Private Corporations. BY WM. WHARTON SMITH. PHILADELPHIA BAR. PHILADELPHIA: REES, WELSH & CO., LAW PUBLISHERS, 19 SOUTH NINTH STREET, 1889.

This book comes recommended by its size, provided the subject is properly handled and judiciously condensed, for in that case it must be "multum in parvo," consisting as it does, of only about 50 octavo pages.

That this method has been pursued soon becomes evident from an examination of the contents.

The titles of the chapters will give an outline of the work:

[blocks in formation]

II. Article I, Section 10, of the Constitution of the United States, the decision in the Dartmouth College case, and the questions following that decision.

III. Principle of Providence Bank v. Billings.

IV. The remedy exercised by, or against a corporation is no part of its franchise, and is within legislative control.

V. Police control over railroad companies.

VI. Control of charges of corporations other than railroads.

VII. Regulations over corporations not demanded by public safety. VIII. A State cannot violate an express provision contained in the char

ter of a corporation, provided same be constitutional.

IX. Cases illustrating the extreme exercise of Police Power.

X. Limitation on Police Power, even in these cases.

X1. The effect of a reservation to a State of the power to alter, amend or repeal a charter.

[ocr errors][merged small]

In regard to the general nature of police power, the author gives the definition of Chief-Justice Shaw in Commonwealth v. Alger, 7 Cush. 53: "We think it a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community."

To which the author adds:

"While this definition of the police power of a State is not broad enough to cover all the cases that have arisen since it was decided, it yet shows with great clearness and force the foundation of the power."

He comments on the Dartmouth College case, 4 Wheaton, 518, in which it was held that the charter of a private corporation is a contract within the meaning of Article I, Section 10, of the Constitution of the United States. Also upon subsequent cases, defining the limits of the principle announced by Chief-Justice Marshall in the Dartmouth College case.

The author then comes to the legislation and adjudications under it, in reference to railroad companies. The first of these cases was Chicago, Burlington and Quincy R. R. Co. v. Iowa, decided in 1876. (94 U. S. 155.) In this case it was held that the Company was subject to legislative regulation, in its rates of charges, applying the principle laid down in Providence Bank v. Billings, that any privileges which may exempt a corporation from the burdens common to individuals, do not flow necessarily from the charter. They must be expressed in it or they do not exist.

"Railroad companies," says Waite, C. J., in the opinion of the court, p. 161, "are carriers for hire. They are incorporated as such, and given extraordinary powers, in order that they may better serve the public in that capacity. They are, therefore, engaged in a public employment, effecting the public interest, and under the decision in Munn v. Illinois, subject to legislative control as to their rates of fare and freight, unless protected by their charters."

The question then arose, what constituted such an exemption? which gave rise to various decisions:

Peik v. C. & N. W. Ry. Co., 94 U. S. 164; Ruggies v. Ill., 108 U. S. 526; Stone v. Farmers' Loan & Trust Co., 116 U. S. 307; the Granger cases, Stone v. Wisconsin, 94 U. S. 180; and others.

Some cases go so far as to hold that a State can still regulate the charges,

after granting the company express exemption from such control. The question, the author says, has not yet come before the Supreme Court of the United States, but he gives the weight of authority as decidedly the other way.

The bar will find this a very convenient manual of reference, containing, as it does, a clear statement of elementary principles and of points decided, with a condensed but sufficiently complete review of the cases, which have now become authority upon the subject.

GENERAL DIGEST OF THE DECISIONS OF THE PRINCIPAL COURTS IN THE UNITED STATES. Refers to all Reports official and unofficial published during the Year ending September, 1888. ANNUAL, BEING VOLUME III OF THE SERIES. Prepared and published by THE LAWYERS' CO-OPERATIVE PUBLISHING COMPANY, ROCHESTER, N. Y. 1888.

A volume of over 1500 pages. It combines under one classification thoroughly revised, the entire work of the year, with added-citations of every later publication of the cases-both official reports and unofficial-forming a comprehensive epitome of the case law for the year, in the most convenient possible form for quick reference. The Annual Digest reaches the attorney at just the time he needs it for work in the fall and winter terms of court.

The Digest work is in charge of Mr. Burdett A. Rich, editor-in-chief of the U. S. Supreme Court Digest, which has received high commendation. This in no respect falls below the standard there set. Price $6.00.

Not being in active practice, we cannot speak of the merits of this as compared with the United States Digest, but will give what the publishers say in their prefatory note:

"The large size of this volume is not due to padding or superfluous' matter of any sort. The paragraphs are intended to be digest matter in the true sense, making every point express the case and the principle upon which it is decided, with its exact modification or application, and with no immaterial matters or unnecessary verbiage.

"By careful attention to the arrangement and relation of clauses, the exclusion of redundant language and irrelevant facts, an effort has been made to render paragraphs concise and clear as well as correct.

"The aim of the classification is to make the arrangement of the matter in titles and sub-titles sufficiently simple to enable one familiar with any classification, easily and quickly to find what he seeks. Abundant crossreferences are used for this purpose, and each general title is made as complete as possible, except where a distinct branch of it is referred to as

« ZurückWeiter »