Mr. Tiedeman was one of the first to see that police power promised to be one of the important subjects of the law and he was the first to systematize and arrange the limitations that the courts of the United States were placing on police power, on account of the changing economic conditions.

In his preface to the work of 1886 he said:

"The principal object of the present work is to demonstrate by a detailed discussion of the constitutional limitations upon the police power in the United States, that under the written constitutions, Federal and State, democratic absolutism is impossible in this country, as long as the popular reverence for the constitutions, in their restrictions upon governmental activity, is nourished and sustained by a prompt avoidance by the courts of any violation of the provisions, in word or in spirit."

The present books deals more largely with the live topics of the day than any other recent law book. The questions of trusts and monopolies, trade and labor combinations, interstate commerce, control of corporations, etc., are vital questions. Here we find legal rights and remedies and the position of the courts on such questions -reality distinguished from mere views and visions. Consequently, the political thinker of to-day who wishes to be accurate and think of things as they are must be familiar with Mr. Tiedeman's book, be he lawyer or layman.

The basis of the work is, of course, constitutional. That the book is well balanced is shown from the chapters and the spaces devoted to the matters treated, which are as follow:

I. Scope of the Government Control and Regulation of Personal Rights, pages 1 to 21; II. Government Regulation of Personal Security, 21 to 73; III. Personal Liberty, 74 to 77; IV. Government Control of Criminal Classes, 77 to 122; V. The Control of Dangerous Classes, Otherwise than by Criminal Prosecution, 122 to 164; VI. Regulations of the Rights of Citizenship and Domicile, 164 to 178; VII. State Regulation of Morality and Religion, 178 to 226; VIII. Freedom of Speech and Liberty of the Press, 226 to 232; IX. Regulation of Trades and Occupations, 232 to 612; X. State Regulations of Real Property, 612 to 808; XI. State Regulations of Personal Property, 808 to 822; XII. State Regulation of the Relation of Husband and Wife, 822 to 910; XIII. State Regulation of the Relation of Parent and Child and of Guardian and Ward, 910 to 937; XIV. Police Regulation of the Relation of Master and Servant, 937 to 944; XV. Police Regulation of Corporations, 944 to 1008; XVI.

The Location of Police Power in the Federal System of Government, 1008 to 1094.

It will thus be seen that the more practical subjects are given the most attention. The discussion of the regulation of trades and occupations, Chap. IX., occupies more than one-half of volume I.

Examination of the book discloses that Chap. IX. does not contain everything relating to the regulation of trades and occupations. In order to conform to the plan of the book, the author has inserted in Chaps. X., XI., XV., and XVI., matter which one writing only on the specific subject of trusts and monopolies would include. Those regulations, which primarily have to do with the control of the use of lands, although they are incidentally regulations of trades and occupations, are found in Chap. X. So, likewise, in Chap. XI., is found similar regulations, whose primary function is the control of the use of personal property. The whole of Chap. XV. is a direct discussion of the police control of corporations, qua corporations; while in Chap. XVI. the reader will find a full discussion of the significance of the interstate-commerce clause of the constitution, in the assumption by the national government of the power to regulate trades and occupations.

After reading rather extensively, one puts the book down wondering what points to select in a review of limited space. Aside from the general discussion three things, perhaps, stand out rather prominently:

1. That there is not now, as there ought to be, a rational impartiality in the regulation and restriction of labor and capitalistic combinations (articles 110-115). The author demonstrates that while a sort of rough justice has been attained by the exercise of the judicial power of limitation by construction, there is in fact a wide departure from the American fundamental principle of equality before the law. Most of the laws designed to regulate labor contracts in the interest of the employee, have been declared an unconstitutional interference with the constitutional liberty of contract, except where the legislatures have restricted hours of labor in extra-hazardous employments; while laws, regulating the prices and charges for things and services. have been sustained in the interest of the consumer. The courts have sustained the anti-trust laws, in their condemnation of all trade combinations of capitalists, whether they were corporate or incorporate, but concede the right of individual capitalists, singly or in co-partnership, to use their economic power to the utmost in crushing the weaker competitor. The legislatures of many of the states have ex

cepted labor unions from the prohibition of the anti-trust laws; but the courts have denied to these labor unions in their struggles with employers the free exercise of their economic power, which can take only the form of peaceful strikes and boycotts. The author advocates a return to the principles of the recent English cases of Allen v. Flood and McGregor v. Mogul Steamship Co., both of which are fully presented in his pages, as the only escape from the inconsistencies and irrationalities, which the anti-trust legislation has caused.

2. That there is a sound distinction made between corporated and incorporated capital—a distinction seldom sensed—(article 209). The author is led by this distinction, which is fully sustained by the authorities which he cites, to conclude that while there are limitations upon the power of the government to restrict the operations of unincorporated capital-leading one to the conclusion that the anti-trust laws are an unconstitutional interference with the rights of unincorporated capital-there is little, if any, c istitutional restriction of the power to control and regulate incor, ated capital, beyond the universal constitutional principle of equality.

3. That the United States government is at present powerless to suppress industrial monopolies (sections 215-222), because the limitations of the inter-state clause of the Constitution preclude any exercise by the national government of police power over trades and occupations, except so far as it relates to inter-state commerce.

For the purpose of illustrating the far-reaching scope of Mr. Tiedeman's treatment of his subject, I will call attention to two public questions, which are now claiming the attention of our people. It has been made very clear by the President's last message and by the report of the Taft commission, that the chief obstacle to the complete pacification of the Philippine Islands will be the ownership by the Spanish friars of large tracts of lands in those islands, through whose ownership they can still impose their obnoxious control on the people. Very recently, the public has been appalled by the thought that one gigantic steel and iron monopoly will soon have as undisputed control of the iron and steel output of the country, as the Standard Oil Company has for years enjoyed over the output of kerosene.

The reader of sections 133 and 141 of this book will find an argument of our author, which sets forth very clearly that there is no constitutional obstruction to the destruction by our government of these monopolistic ownerships of the land and of its natural products, whenever the government sees fit to exercise its power of eminent domain.

The book is well bound and well written, though one dislikes such

an expression as "attempted to corrall every important decision," and our examination of the two volumes leads us to believe that the author has succeeded in including in his treatment of the different subjects, all or almost all of the important decisions.

The contents refers to sections, and a very good index, which is a great improvement over the index of the first edition, refers to pages.

In reviewing "The Limitations of Police Powers," the Albany Law Journal pronounced it to be the most important and one of the most interesting legal publications of the last quarter of a century. This second edition is fully as interesting and economic and industrial changes since then makes it even more important. The book is a welcome addition to legal literature and should be in your library.

We have received :-
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C. H. T.

Conflict of Laws, or Private International Law. By RALEIGH C. MINOR, Minor, professor the University of Virginia law school. 8vo., pp. lii +575, buckram and sheep, $3.00 and $3.50. Little, Brown & Company, Boston, 1901.

Law of Expert and Opinion Evidence: Reduced to Rules. By JOHN D. LAWSON, LL.D., Tiedeman, professor in the University of Missouri law school. Second edition. 8vo., pp. lxxvii + 655, sheep, $6.25. T. H. Flood & Company, Chicago.

Civil Procedure at the Common Law. BY ALEXANDER Martin, LL.D., Tiedeman, dean of the University of Missouri law school. 8vo., pp. xxxii +416. Boston Book Company, Boston.

Hand Book of the Law of Bills and Notes (Hornbook Series). By CHARLES P. NORTON, Daniels, lecturer on Bills and Notes in the Buffalo law school. Third edition. 8vo., pp. x + 553, sheep, $3.75 West Publishing Company, St. Paul.

A Treatise on the Law of Wills. By JAMES SCHOULER, LL.D., Webster, professor in the Boston University law school. Third edition. 8vo., pp., lxvi + 762, sheep. Boston Book Co., Bos

ton.

The Law of Bills, Notes, & Cheques. By MELVILLE M. BIGELOW, Ph.D., Webster, professor in the Boston University law school. Second edition. 8vo., pp. xlii + 349, buckram and sheep, $3.00 and $3.50. Little, Brown & Company, Boston.

Historical Jurisprudence: An Introduction to the Systematic Study of the Development of Law. By GUY CARLETON LEE, Ph.D., professor in John Hopkins University. 8vo., pp. xv + 517, cloth. The Macmillan Company, New York.

A Treatise on the American Law of Replevin and Kindred Actions. By ROSWELL SHINN, LL.D., Jay, dean of the Illinois College of Law. 8vo., pp. vii + 957, sheep $6.00. T. H. Flood & Company, Chicago.

The Law of Torts. By MELVILLE M. BIGELOW, Ph.D., Webster, 8vo., pp. xxxi + 438, sheep and buckram, $3.50 and $3.00. Little. Brown & Company, Boston.

PROBABLE.

The following piece of dialogue took place in a London police court, between the magistrate and a prisoner.

The Prisoner-I had been lunching, or dining, as you may call it. The Magistrate-Well, call it luncheon if you like, but at that time of night it's generally called dinner.

The Prisoner-Probably I was advised to go home in a cab, and I did; but not having my key I couldn't get into my house.

The Magistrate-And what about the rest?

The Prisoner-Yes, probably there was a bit of excitement or something of that sort.

The Magistrate-What is the probability of your being drunk? The Prisoner-Probably my friends did suggest my having a cab. The Magistrate-That does not answer my question, although it may give me a clue.

The Prisoner-Well, I had had drink.

The Magistrate-Now, probably you were drunk; probably you had a cab and did not pay the fare. What is the probability of the language you used?

The Prisoner-Perhaps in drink I might say anything, but I don't ordinarily.

The Magistrate-The probable fine is 10s.

As an analysis of impressions "the morning after" this is worthy of philosophical attention.-N. Y. Sun.