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cannot be asserted in any court, unless AMBROSE TIGHE, discussing "The Theory Congress can' be persuaded to grant jurisdic and the Law of Waterworks Securities," tion in any particular case. Such a state of in the Yale Law Review for February, says affairs does not seem in accord with mod- i of the most recent cases dealing with exclu ern views as to the rights of the citizen. sive" franchise and municipal contract: Together they settle the law for the pres ent in this fashion: If a city undertakes, To the Columbia Law Review for February by ordinance or resolution, to repudiate a Thaddeus D. Kenneson contributes some contract with a private water company, the pertinent observations on "The New York ordinance or resolution is a legislative act, Anti-Trust Act" (Chapter 690 of the Laws of and, if alleged to impair the obligations of 1899). the contract, the controversy is one for the The conclusions which Mr. Kenneson Federal courts, and in the Federal courts the reaches are these: exclusive features of a franchise do not make it void, and an agreement to take water for (i) The purpose of the statute in question a term of years is not necessarily beyond is simply to make illegal and criminal such the city's powers, brcause in its making the contracts, agreements, arrangements, or city exercises its business and not its gov combinations as had, previous to the statute, ernmental functions. been dealt with by the common law, and treated by it as against public policy, and, WILLIAM MARTIN contributes to The Laiv therefore, non-enforcible by the courts. Quarterly Review for January an interesting 12) The contracts, agreements, arrange discussion of the subject of "Treasure ments or combinations declared by Section Trove," in the course of which he says: i of the statute to be against public policy, In June, 1903, Mr. Justice Farwell gave illegal and void, are all resolvable into con judgment in the case of the Attorney-Gen tracts, agreements, arrangements or com eral v. The Trustees of the British Museum binations in restraint of trade or commerce. (1003) 2 Ch. 598. He decided that certain (3) The contract, agreement, arrange gold ornaments, and other objects, which, ment or combination aimed at by Section I turned up by the plough in Ireland, had of this statute is a contract, agreement, ar reached the British Museum, were treasure rangement or combination whereby the trove. . . . parties thereto by means of the contract, In the British Museum case, Mr. Justice agreement, arrangement or combination vol Farwell chose for his definition of treasure untarily impose upon themselves a restraint trove that given in Chitty on The Preroga which disables them from competing in some tives of the Crown, vie. trade or industry with other parties to the Treasure trove, is where any gold or sil same contract agreement, arrangements or ver in coin, plate, or bullion, is found con combination. cealed in a house, or in the earth, or other The restraint in all the contracts, agree private place, the owner thereof being un ments, arrangements or combinations aimed known" (p. 152). at by this statute is a voluntary restraint. It This is substantially Coke's definition, is imposed by the contract, agreement, ar which runs: rangement or combination itself. It is im "Treasure trove is when any gold or silver, posed upon parties to the contract, agree in coin, plate or bullion hath been of ancient ment, arrangement or combination and not time hidden, wheresoever it be found, where upon persons not parties thereto, and it is of no person can prove any property" (3 self-imposed upon such parties by their en Inst. 132). . . . tering into the contract, agreement, arrange A scrutiny of the authorities makes it also ment or combination. clear that, for treasure trove to obtain, there
