January 1st. 1886, the period covered by Volume 1, to July 1st. 1889. This volume is like its predecessor, which is already so favorably known to the profession, except in a few particulars which have been changed upon the suggestions of members of the bar and editors of law journals. As it now is it is hard to see where there is room for any further improvement. It is idle to comment upon the immense and ever increasing legal importance of electricity. The great and as yet exclusive field which this series is covering can in some measure be realized when it is considered that it was only in 1886, the period at which this volume commences, that the first electric street railway was operated. The cases have been well selected and may be read with profit by every lawyer who wishes to keep pace with the development and progress of the law. The first case which construes and upholds the constitutionality of the act of the Indiana legislature (April 13, 1885) regulating the rental allowed for the use of telephones suggests a good way to deal with those monopolies. At the end of each case there is an annotation with references to the cases cited in the opinion and to the other cases in the series on the same subject. In this way every case reported in the entire series will be found in every case involving the same questions. The index is arranged in the form of a digest which shows the exact point decided in each case. In point of arrangement, and convenience for ready reference this volume leaves nothing to be desired. We especially commend the index, notes, and the selection of cases.

CURRENT LITERATURE.

Conspicuous among the contents of the May Atlantic is Percival Lowell's first paper on Mars. The subject is the Atmosphere of Mars, and it is treated with such skill that the reader finds new interest in the scientific information given. Two papers of unusual historical interest are The Political Depravity of our Fathers, by John B. McMaster, and Dr. Rush and General Washington, by Paul Leicester Ford.

The Review of Reviews for May contains three leading articles: "The Art of John La Farge," with portraits of Mr. La Farge and reproductions of paintings and stained glass windows; a character sketch of "Sir John Everett Millais, Bart.;" and a sketch of "England's Home Secretary, the Rt. Hon. Herbert Henry Asquith."

The May number of the American Magazine of Civics opens with an article on "The Social Pressure of Politics," by William B. Chisholm, which is followed by "Civilization and the State," by A. A. Johnson. "Bimetallism vs. the Single Standard" is discussed by L. Bradford Prince, and "Distinctive American Citizenship," by Adolph Roeder.

In the current number of The Illustrated American we find an excellent likeness of that remarkable woman, Mrs. Paran Stevens, who for many years occupied so prominent a position in American society. The article upon the deceased lady is entitled, "Madame Sans-Gene of New York," and points out that "much nonsense has appeared in the public prints regarding the alleged poverty of her surroundings and the social obscurity of her family."

The leading article in the Forum for May is a noteworthy study of the career and character of Prince Bismarck, entitled "Bismarck; the Strongest Personality Since Napoleon," by Col. Theodore A. Dodge, the well-known military writer. Mr. Frederic Harrison contributes his eighth study of the great Victorian writers with "Anthony Trollope's Place in Literature."

The April numbers of Littell's Living Age are especially rich in descriptions of travel. Through them we get views of the Nile, the Yangtsye, the Tatra Mountains and the "Black Country of Staffordshire." William Griswell, in "The Crisis in New Foundland," discusses the probability of the request of that colony to be taken back under the conditions of crown rule.

Readers of Public Opinion must appreciate it more and more just at present. So many questions of public interest, political, financial, religious, educational, etc., occupy the attention of the reading public that, to be abreast with the times, one must be an incessant reader. Public Opinion solves the problem. It condenses and summarizes the views of all the papers in such a satisfactory manner that the labors of the reader are lessened many fold.

The May Popular Science Monthly has several articles of especial interest to professional men. The chief feature, perhaps, is the article by Herbert Spencer, which is announced as the first of a series upon "Professional Institutions.” In this issue he discusses "Professions in General." Prof. Sully contributes the eighth of his series of "Studies of Childhood."

The leading articles in the North American Review are, "The Preacher and his Province," by Cardinal Gibbons, and "The Future of Japan," by the Japanese Minister. The Hon. Wm. T. Harris, U. S. Commissioner of Education contributes a very readable article upon "Elementary Education." Of special timely interest are the discussions upon the Income Tax. "The Spirit of the Tax" is discussed by a writer who conceals his identity under the name "Plain Speaker."

Wherever the people, in a manner more or less direct, constitute the lawmaking power, it follows as a natural consequence, that every great movement of that people finds expression in the laws by which it is governed. The character of this expression may be ephemeral or permanent, depending upon many events, and circumstances, some of which are easy to discover, others becoming more obscured as the years pass by. The reason that brought the statute into existence may often be far from that which keeps it from being repealed.

The pursuits of a people find expression in the laws governing that community. If they be fishermen, we find the statutes full of provisions regulating the rights of fishing, and for the protection of those rights, etc. If they be engaged in agriculture, the law will remind us of land, sheep, cattle, horses, and pasturage, and will contain provisions for the protection of the citizens from the ravages of cattle thieves, of estrays.

The early New England settlements were practically agricultural communities for many years following their formation. And the records of the several colonies are full of laws, ordinances and regulations of the character just mentioned. Many of these were similar to and probably adopted from the laws of the parts of England from which the colonists came, and patient investigators think they have found an origin for others among teutonic peoples, and settlements earlier than the Saxon conquest of England—regulations claimed to have long since become obsolete in England—if they ever were in use there.

As these settlements of hardy pioneers gradually expanded and overflowed into the great west, the descendants of the Puritans and

Pilgrims took with them the laws and traditions of their forefathers, and adopted them to new conditions and new surroundings. With all the changes necessary to meet the wants of the marvelous growth of the west, many of these laws and regulations brought in by the pioneers from the earlier settlements of the east still survive, practically unchanged. It is an interesting study to trace this growth and development, or the survival of old forms as the case may be.

Among the present statutes of Michigan may be found some of these. I refer to the provisions establishing what shall be a legal fence and the office and duties of fence viewers. Closely connected with these are the statutes regulating the impounding of cattle to which an occasional reference will be made.

The present law provides that "All fences four and a half feet. high, and in good repair, consisting of rails, timber, boards, or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches, and hedges, or other things which shall be considered equivalent thereto, in the judgment of the fence viewers within whose jurisdiction the same may be, shall be deemed legal and sufficient fences," and the statute further provides that the overseers of the highway shall be fence viewers. In general the duties of fence viewers are to settle difficulties growing out of boundary and line fences, the assigning of portions to be erected by adjoining proprietors, and determining whether or not certain fences are legal and sufficient.

This statute was in substance taken from the provisions of the Massachussetts statutes, and adapted to the territory of Michigan by the governor and judges, principally in 1821, but some portions were adopted as early as 1809. The first section of the act of 1821 provides "That a fence of strong and sound materials four feet and a half high, so close that hogs and sheep cannot creep through, or à hedge two feet high upon a ditch three feet deep and three feet broad, or instead of such hedge a fence two and a half feet high, the hedge or fence being so close that the animals aforesaid cannot creep through, shall be accounted a lawful fence." The fence viewers were to be three in number and appointed by any Justice of the Peace in the county on application of parties desiring their appoint

ment.

The statutes of Massachussetts were made up from those of the several colonies which eventually composed the state. The enactments in each colony or plantation regulating fences contained in the main the same provisions. In 1693 that of Massachussetts Bay

provided that "All fences of four feet high, being of five rails, or four equivalent boards, stone walls, brooks, rivers, ponds, or creeks equivalent thereto in the judgment of the fence viewers, shall be accounted sufficient fences." Plymouth colony in 1675 provided that "All fences for cecuring of corne shall be full four foot high or otherwise sufficient by the judgment of Indifferent men." And in 1652, "that such ffences as are judged sufficient against oxen and Cowes shall be allowed sufficient against horses and mares." The fence viewers generally seem to have been elected as other town officers at the annual town meeting in the spring, though they were often "Indifferent Men" appointed by the Justice of the Peace or by the selectmen.

In close connection with these regulations relating to fence and fence viewers, we find regulations relating to the "Village Pound,' sometimes the two mentioned in the same section of the same act. In our Michigan laws it is a part of the same chapter.

Added to the regulations of 1652 already cited from the Plymouth colony records is, "and if any horse beast breake into any corne or grasse over such sufficient ffence, the owners of such horse shall pay damage proved as if they were impounded" A still earlier enactment reads, "That every Constablerick have a sufficient pound to impound cattle that shall transgresse any such orders as are or shall be made."

If there is one desire peculiar to germanic peoples over all others, it is the possession of a home lot; and when it is obtained notice of the fact is given to the world by building a fence around it. The marking off of property rights by a fence was a custom well understood by our germanic ancestors, and the worthy Pilgrim fathers had no sooner set foot on this Continent than they at once gave expression to their claims to dominion in the ancient manner.

An early chronicler has preserved to us the manner of the first settlement of Plymouth, in words now quaint as well as interesting. He says, “After our landing and viewing of the places as well as we could, we came to a conclusion by most voyces, to set on the maine land, in the first place on a high ground where there is a great deal of Land clearde and hath been planted with Corne three or four years agoe, and there is a very sweet brooke runnes under the hillside and mary delicate springs of as good water as can be drunke, . . . Thursday the 28th of December, (January 7, N. S.) so many as could went to work on the hill where we proposed to build our platforme for our Ordinance, and which doth command all the plaine