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X1. The effect of a reservation to a State of the power to alter, amend or repeal a charter.
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. - Alsó 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 ary 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
a division of some other title, to save duplication, which, to economize space, has been studiously avoided. In respect to this completeness of each subject in one title, the classification differs somewhat from that of the preceding two volumes of the series, especially in reference to matters of practice, such as Appeal and Error, Evidence, Pleading, Trial and Wit
“Heavy faced words in paragraphs are also used to bring out the distinctive elements in each, as a further aid to rapid examination.
“As the table of cases came last, it contains references to official reports not published when the body of the work was printed. All possible references have been given.
“The work has been prepared under the general supervision of Burdett A. Rich, who has been ably assisted by E. H. Smith, C. A. Ray, E. W. Haviland, I. L. Covill, H. P. Farnham, and others."
If the work is as good in other respects, the advantage of having it placed so early in the hands of practitioners, is too manifest to require comment.
The same Company publishes, four times per annum, a book, entitled “Lawyers' Reports, Annotated," at $5 per book.
Both the Reports and the Digeșt are published in the form of a semimonthy magazine; the former at $20 and the latter at $5 per annum.
Combined subscription to both Semi-Monthy and Annual Digest, $8.50; combined subscription to entire series-Lawyers' Reports annotated, SemiMonthly and Annual Digest per year, $25.00.
MASSACHUSETTS IN THE WOMAN SUFFRAGE MOVEMENT. A GENERAL, POLITICAL, LEGAL AND LEGISLATIVE HISTORY FROM THE YEAR 1774. By HARRIET H. ROBINSON. BOSTON: ROBERTS BROTHERS. 12 vo. pp. 280.
The author of this work was the wife of the celebrated writer of the Springfield Republican, William S. Robinson, known as “Warrington.” She is herself a good writer, author of various works, among others, a play, written in a pleasing and sprightly manner, entitled “Captain Mary Miller."
She is the woman for the removal of whose political disabilities, Senator Dawes lately introduced a Bill in Congress.
The book before us is full of interesting information.
The author, Mrs. Robinson, published, in 1877, "Warrington Pen-Portraits;" consisting of Personal and Political Reminiscences, from 1848 to 1876, from the writings of her deceased husband; a book which has entertained many who were his personal friends and admirers.
NEW LAW MAGAZINE.
THE GREEN BAG. A USELESS BUT ENTERTAINING MAGAZINE FOR LAW
EDITED BY HORACE W. FULLER. PUBLISHED MONTHLY. $3 PER ANNUM. SINGLE NUMBERS, 35 CENTS.
There is much in a title. This title is very captivating. Here is something useless. How restful to the wearied practitioner to know, that he can throw himself back in his chair, with his feet upon the table, and take up this magazine, with the blissful consciousness that it contains nothing which promises to be of any practical value—nothing which he is under obligation to pay particular attention to or to try to remember.
Still he is not absolutely prohibited from being instructed or benefically impressed by something which he may chance to find within its covers. And then the audacity of supposing that people will pay money for that which is of no use, is of itself attractive. The title alone will probably secure a fair sale for the magazine.
Ind yet we are not sure but the promise held out is broken in the very first number. Among other articles, not altogether useless, is one by Professor J. B. Ames, on the Specific Performance of Contracts. It is not, however, so long as to be tiresome.
The leading article is a sketch of our distinguished townsman, Chief Justice Fuller, with a fine portrait and autograph. This is sufficient to make the first number attractive to the Chicago Bar.