Considering the largeness of the theme. and its importance in the world, the book is kept within remarkably short compass. There is, however, no sign of compression in the text, which reads like a flowing narrative, always interesting and not seldom quaint and amusing as in the description of the Russian ambassador's reception (pp. 19-21).

The necessary limitations of the text are, however, remedied in the footnotes, where General Foster has given so many and so detailed references to available sources that the student may continue profitably his studies without serious difficulty.

It would be invidious, perhaps, to draw a comparison between General Foster's two volumes. Both are good, but the reviewer is inclined to think that American Diplomacy in the Orient is a more finished, a more authoritative and a fresher piece of work. The two books are, however, a great boon to the public. The various pen portraits of Caleb Cushing (pp. 94-95), Commodore Perry (pp. 147-169), Townsend Harris (pp. 172-186), and of Anson Burlingame (pp. 257 et seq.), are charmingly done, and it may confidently be said that there is not a dull page in the book. Add to this the fact that it is really the only work of its kind, and its value is clear. It has the field to itself and it fills it in a worthy manner.

A TREATISE of THE SYSTEM OF EVIDENCE IN TRIALS AT COMMON LAW. By John H. Wigmore. Vol. I. Boston: Little, Brown, and Company. 1904. (lv+1002 pp.)

There are to be four volumes of this treatise. The table of contents contains unusual nomenclature, of which the most striking examples are "prospectant evidence," "concomitant evidence," "retrospectant evidence," "testimonial rehabilitation," "autoptic proference," "rules of auxiliary probative policy," "prophylactic rules," and "viatorial privilege." This nomenclature, though certainly not attractive, causes very slight annoyance, for it seldom appears in the text. The present volume is largely devoted to historical and metaphysical discussion, and

will be of much interest to persons of scholarly taste.

THE AMERICAN LAW OF LANDLORD AND TENANT. By John N. Taylor. Ninth edition, by Henry F. Buswell. Boston: Little, Brown, and Company. 1904. Two volumes. (cxv+541+xv+592 pp.)

At this late date it is hardly necessary to say a word in commendation of a book that has so long had a high place. In the present edition an error has crept into §22, which ought to read, "New England States where tenancies from year to year are unknown." Part of the usefulness of this favorite treatise lies in its departures from the strict limits of its subject. Thus one finds here Division Fences, Party Walls, Nuisances, and Easements, in addition to conscientiously full treatment of Easements, Emblements, Fixtures, and forms of action.

what adds especially to its practical value is the care and thoroughness with which are indicated the differences existing in the various State courts and the Federal courts in matters of practice and procedure, and in the application of legal principles.

An examination of the book makes evident the fact that the author has chosen his subject because of real interest in it, and that he has given it careful study.

NOTES ON THE CONSTITUTION OF THE UNITED STATES. By William A. Sutherland. San Francisco: Bancroft-Whitney Company. 1904. (xv+973 pp.)

This book arranges under the several clauses of the Constitution brief notes of the pertinent decisions. There is a slip on p. 527, where, in a comment on Const., article III, section 2, first clause ("The judicial power shall extend . . . to controversies between two or more States"), it is too broadly stated that "a suit by a State on claims assigned to it, against another State, is not a suit between States within the meaning of this clause," citing New Hampshire . Louisiana, 108 U. S. 76 (1883). The case cited shows that the proposition does not go beyond instances where the assignment is merely illusory, the apparent assignee having no real interest. Such a slip, however, simply indicates that this book, like all others, must be used cautiously. Taken as a whole, the book is painstaking, convenient, and trustworthy.

THE EVOLUTION OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA AND HISTORY OF THE MONROE DOCTRINE. By John A. Kasson. Boston: Houghton, Mifflin and Company. 1904. Cloth. (xviii+273 pp.)

The main portion of this book was written and published as part of the official proceedings, in 1887, at the centennial celebration in Philadelphia of the formation of the Constitution. It is a clear and readable, rather than a dry legal story of the constitutional history, briefly told, of the colonies leading up to the Constitutional Convention of 1787, and, in more detail, of the Convention itself

-its members, its proceedings, and its debates; and a discussion of the various provisions of the Constitution, with the Amendments. The chapter on the Monroe Doctrine is added to the present volume, says the author, because its influence "has become almost equal to that of a provision of the national Constitution."

AN EXPOSITION OF THE CONSTITUTION OF THE UNITED STATES. By Henry Flanders. Fifth edition. Philadelphia: T. and J. W. Johnson, and Company. 1904. (xii+326 pp.)

This book is adapted to the needs of the general reader. It is to be regretted that §152 does not very clearly define police regulations; but this shortcoming is hardly the fault of the author. When a new edition is prepared it may be well to recast the chapter on the courts in such a way that all passages will describe the courts as they are now constituted. Yet, in spite of occasional shortcomings, the book is worthy of commendation as comprehensive and useful.

An

THE DECLARATION OF INDEPENDENCE. Interpretation and an Analysis. By Herbert Friedenwald. New York: The Macmillan Company. 1904. Cloth. (xii+299 pp.)

Dr. Friedenwald first traces the growth of the sentiment for independence and its relation to "the development of the authority and jurisdiction of the Continental Congress." Then, after a chapter on "Adopting and Signing the Declaration," he takes up its critics, and later discusses its purpose and its philosophy, and explains the grievances recited in the Declaration. In an appendix Jefferson's Draft and the Engrossed Copy of the Declaration are given on opposite pages.

THE MONROE DOCTRINE. By T. B. Edgington. Boston: Little, Brown, and Company. 1904. (viii+344 pp.)

This is a rhetorical, but readable and useful, account of the rise and development of the foreign policy of the United States. It is unfortunate that the author considers the Monroe Doctrine principally as a declara

tion of our duty toward South America and not as a declaration of the interest which we ourselves have in saving the United States from the burden of great armies and navies.

GERMANY'S CLAIMS UPON GERMAN-AMERI

CANS IN GERMANY. By Edward W. S. Tingle. Philadelphia: T. and J. W. Johnson. 1903. Cloth. (xv+121 pp.)

The sub-title shows what is the scope of this book, namely, "a discussion of German military and other laws which may affect German-Americans temporarily in Germany, together with some comments upon existing treaties." The author was formerly United States consul at Brunswich, Germany, and his work had the advantage of revision by German jurists, and has been accepted by the State Department at Washington for use in the Consular Service. On reading the advice-doubtless good-in the chapter on "Behavior which should be observed by German-Americans returning to Germany to avoid conflict with German law," one wonders how such a traveller, unless dumb, escapes the clutches of the law.

THE EXPANSION OF THE COMMON LAW. By Sir Frederick Pollock. London: Stevens and Sons. 1904. Cloth. (vii+164 pp.) It is with genuine pleasure that we welcome the appearance of the slender volume of which Sir Frederick Pollock's four lectures on "The Expansion of the Common Law," delivered a year ago before several of our American Law Schools, form the principal contents. Sir Frederick's earlier address, delivered in 1895 before the Harvard Law School Association on "The Vocation of the Common Law," is here reprinted, and is a fitting introduction to the series of lectures from which this book takes its title; and his article on "English Law Before the Norman Conquest," originally published in the Law Quarterly Review, is reprinted in the appendix. The high scholarly attainments and charming literary style of Sir Frederick Pollock make these essays delightful reading as well as valuable contributions to legal literature.

A TREATISE ON THE NEW YORK EMPLOYERS' LIABILITY ACT. By George W. Alger and Samuel S. Slater. Albany, N. Y.: Matthew Bender. 1903. Buckram. (xxvii+218 pp.)

This Treatise is, in fact, of somewhat broader scope than its title leads the reader to expect. It deals primarily with the New York Employers' Liability Act, but the texts of the English Employers' Liability Act (now superseded by the Workingmen's Compensation Act of 1897), and the kindred acts in Alabama, Massachusetts, Colorado and Indiana are given, and cases under these various statutes are freely cited. Indeed, it would seem that this short Treatise would be of as much value to the lawyer in either of the four states last mentioned as to the New York practitioner.

THE INTERSTATE COMMERCE ACT AND FEDERAL ANTI-TRUST LAWS. By William L. Snyder. New York: Baker, Voorhis, and Company. 1904. Buckram. (xxiii+380 pp.)

The book before us is a clear and concise commentary on the Interstate Commerce Act and kindred laws, including the Sherman Act and the Elkins Act. To the various sections of these acts are added notes, sufficiently full, of all Federal decisions under these statutes. We note with interest the list of bills pending in Congress designed to increase the power of the Interstate Commerce Commission (pp. 193, et. seq.), and the map showing the enormous stretch of territory affected by the Merger decision.

A SUMMARY OF THE LAW OF PRIVATE CORPORATIONS. By Leslie J. Thompkins. New York: Baker, Voorhis, and Company. 1904. Buckram. (xxxi+264 pp.) Professor Thompkins has achieved a good measure of success in summarizing in comparatively few pages a large and important subject. He does not aim to treat the Law of Private Corporations with the fulness which marks the larger treatises of Mr. Morawetz and the late Judge Thompson on the same subject; but from this smaller volume the student may obtain an

excellent general knowledge of a branch of the law which, year by year, is becoming of increasing importance to the practising lawyer.

THE NATIONAL BANK ACT. By John M. Gould. Boston: Little, Brown, and Company. 1904. Buckram. (xvi+288 pp.)

In this handy volume Mr. Gould has annotated the National Bank Act of 1864 (Title 62 of the Revised Statutes of the United States), and the amendments thereto, with all pertinent decisions of Federal and State courts to September of the current year. The Constitution and Rules of the American Bankers' Association and of the New York, Boston and Chicago Clearing Houses are added by way of an appendix.

THE AMERICAN STATE REPORTS. Containing the Cases of General Value and Authority Decided in the Courts of Last Resort of the Several States. Selected, reported and annotated by A. C. Freeman. Volume 98.

San Francisco: Bancroft-Whitney Company. 1904. (1112 pp.)

The cases in this latest volume of American State Reports are chosen with the same good judgment which has governed the selection of cases for the earlier volumes. The principal notes, which are exceptionally full and valuable, deal with the following subjects: Actions for Contribution not Founded on an Express Promise; Convicting on the Testimony of an Accomplice; Executors de Son Tort; Liability of a Master to his Servant for Injuries Resulting from Defective Machinery and Appliances; Implied Authority of Wife to Act for Husband and Charge Him for Necessaries; Practice of Osteopathy, Christian Science, Magnetic Healing, or Clairvoyance as Practice of "Medicine or Surgery"; When Mandamus is Proper Remedy Against Public Officers; and Croppers.

A TEXT-BOOK OF LEGAL MEDICINE AND TOXICOLOGY. Edited by Frederick Peterson, M.D., and Walter S. Haines, M.D.

Two volumes. Philadelphia: W. B. Saunders and Company. 1903. Cloth. (730+ 825 pp.)

This is, we believe, the most thorough and comprehensive treatise on Legal Medicine and Toxicology which has recently been published in English. The fifty articles are contributed by forty or more physicians of high standing, most of them members of the faculties of various leading medical schools. The text is illustrated with cuts and fullpage colored prints. The work is of equal value to the legal and to the medical professions.

The wide range of subjects covered by this text-book is seen by the following titles of articles in Part I., taken almost at random: Expert Evidence; Railway Injuries; The Medical Jurisprudence of Life Insurance, and of Accident Insurance; Medicolegal Aspects of Vision and Audition; The Stigmata of Degeneracy; Insanity; Feigned Mental and Bodily Disorders; Birth and Legitimacy; Medico-legal Relations of Venereal and Genito-urinary Disorders; Marriage and Divorce; Civil and Criminal Malpractice; Laws of the Various States Relating to the Commitment and Retention of the Insane. Part II. is devoted to Toxicology, and contains, in part, valuable articles on Inorganic, Alkaloidal, Non-alkaloidal, and Gaseous Poisons, Food Poisoning, Ptomains, and Medico-legal Examinations of Blood and Blood Stains, Seminal Stains, and Heir.

A MANUAL OF MEDICAL JURISPRUDENCE. INSANITY AND TOXICOLOGY. By Henry C. Chapman. Third edition. Philadelphia: W. B. Saunders and Company. 1903. Cloth. (329 pp.)

This Manual is based on a course of lectures delivered at the Jefferson Medical College, now for the second time revised, and brought down to date. The author was Coroner's Physician of the City of Philadelphia for several years. Part I. deals with Medical Jurisprudence; Part II., with Insanity, and Part III., with Toxicology. The volume is fully illustrated.

TEXT-BOOK OF MEDICAL JURISPRUDENCE AND TOXICOLOGY. By John J. Reese. Sixth edition revised by Henry Leffman. Philadelphia: P. Blackiston's Sons and Company. 1902. Cloth. (xvi+660 pp.)

The progress and development of the subject of Toxicology warrants the publication, from time to time, of a new edition of this standard work. This present edition takes note of this advance, and considers recent cases. It is a volume of value, both to the lawyer and to the physician.

CRIME IN ITS RELATIONS TO SOCIAL PROGRESS. By Arthur Cleveland Hall. New York: The Columbia University Press. 1902. Cloth. (xv+427 pp.)

This book is Volume XV. in the series of "Studies in History, Economics and Public Law," edited by the Faculty of Political Science of Columbia University. It is both a history of crime and a philosophic study of it. Starting with an introductory chapter on "The Evolutionary Function and Usefulness of Crime and Punishment," Dr. Hall considers, in the first place, "Social Punishment among Animals," and then, beginning with "Crime among Savages," among the "Savage Races in Australia, America, Asia, and Africa," and among "The European Aryans," traces the history of crime in England down through the periods when England was under the Normans and Plantagenets, the Tudors, and the Stuarts, until finally he comes to the consideration of crime in Modern England. Taking up in turn the interesting questions, "Has Crime Increased During the Nineteenth Century?" "Is Punishment Powerless against Crime?" and "The Trend of Crime in Modern Times," he arrives finally at the enunciation of "An Ethical Theory of Crime." What this theory is is shown by the following quotations: "Crime. results from the limitation of nature's law of self-interest by her altruistic law. The anti-social individual who will not submit himself to these limitations, but insists upon acting in opposition to social necessity, he is the typical criminal" (p. 393). "Crime is, in large part, a social product, increasing

with the growth of knowledge, intelligence and social morality-increasing because of this growth. The persistent enlargement of the field of crime is a necessity for all truly progressive nations. . . . Society's conflict, with its criminal members, due to the enforcement of new social prohibitions, is one of the chief means by which humanity, in every age, has risen from a lower to a higher plane of civilization, from almost uncontrolled license, selfishness and hate, into true liberty, love and mutual helpfulness" (p. vi).

A HISTORY OF MATRIMONIAL INSTITUTIONS, Chiefly in England and the United States, with an introductory Analysis of the Literature and the Theories of Primitive Marriage and the Family. By George Elliott Howard. Three volumes. Chicago: The University of Chicago Press: Callaghan and Company. 1904. (xv+473+xv+ 497+xv+449 pp.)

It is hard to conceive of a more thorough, systematic and scholarly study of Matrimonial Institutions than is presented in these three volumes. The amount of. research work has been great. Fortunately, the result is commensurate with the labor, and as a result this History will stand as a permanent and valuable contribution to sociological and legal literature. In the limited space at our disposal it is possible only to indicate the wide scope of the work.

The History is divided into three parts. Part I. is an "Analysis of the Literature and the Theories of Primitive Matrimonial Institutions," treated under the five heads of "The Patriarchal Theory," "Theory of the Horde and Mother-Right," "Theory of the Original Pairing or Monogamous Family," "Rise of the Marriage Contract," and "Early History of Divorce." Part II. deals with "Matrimonial Institutions in England," starting with wife-purchase, tracing, in turn, the "Rise of Ecclesiastical Marriage,” “The Protestant Conception of Marriage," and the "Rise of Civil Marriage." and finally setting forth the "History of Separation and Divorce under English and Ecclesiastical Law."