Page:The Green Bag (1889–1914), Volume 16.pdf/821

BRIEF UPON THE PLEADINGS IN CIVIL AC TIONS AT LAW, IN EQUITY, AND UNDER THE NEW PROCEDURE. By Austin Abbott. Sec ond and enlarged edition by the publish ers' editorial staff. Two volumes. Rochester. New York: The Lawyers' Co operative Publishing Company. 1904. (xxxiii+xvii+2i2o pp.) The first edition of Mr. Abbott's wellKnown Trial Brief was published in 1891, in one volume; this second edition, by reason, chiefly, of the additional authorities cited, but partly because of new matter (c. g. Amendment of Pleadings), has expanded to two volumes. The first volume covers De murrers; the second is given over to Issues AMERICAN RAILROAD LAW. By Simeon E. of Fact. The general plan and arrangement Baldwin. Boston: Little, Brown, and of the book is good; the statement of propo Company. 1904. (lxvi-)-77o pp.) sitions is clear; so that it would seem that In the volume before us, Judge Baldwin ¡ a new edition, once in a dozen years or so. has given the profession an able and com embodying pertinent cases decided in that prehensive treatise on the important subject interval, is all that is needed to make the of the railroad law of this country, which Trial Brief of value to the profession for will be of permanent value. The field is a vears to come. wide one, covering, as it does, questions of franchises and organization, location, con THE LAW OF WATERS AND WATER RIGHTS. By struction and equipment, finances, the varied Henry Philip Farnham. Three volumes. problems of operation, transfers and liens, Rochester, N. Y.: The Lawyers' Co and questions—here grouped under the title operative Publishing Company. 1904. of actions—of remedies, rules of evidence, (clxxx+896-fxvi+997+xiv +1063 pp.) receiverships, foreclosure, re-organiz.ation The subject of Waters and Water Rights and the like. is treated in these volumes under three prin It was manifestly impossible to treat in cipal heads, namely: Rights of States and Nations, Rights between Public and Indi detail all of these questions in something vidual, and Rights between Individuals. less than six hundred pages of text (the last The discussion of the Rights of States and hundred pages of the volume being given Nations is brief, filling a bit less than one over to forms and a full index.) What Judge hundred pages. The importance of these Baldwin has done has been to give a clear volumes lies, however, in the exhaustive and valuable outline of American railroad treatment which the author has given to law. It is within bounds to say that no law writer in the country is better fitted for this i the Rights between Public and Individual and the Rights between Individuals, and to task than the learned author whose book is the large variety of subjects which are in before us. cluded under these two general heads.—for The general subject of Operation is more example subjects (to mention only a few) fully treated than are other topics. Not the so widely different as Rights of Riparian least important part of the book for refer Owners, Municipal Water Supply, Drain ence is the Appendix, where are given vari age, Ferries, Fisheries, Irrigation, Mill ous forms of incorporation, location and •crossings, construction and equipment, con Rights, Subterranean Waters and Rights between Landlord and Tenant. Perhaps veyances, car trusts and contracts. many persons are inaccurately called social istic, but which are by this careful author classified as "the protection of the public," "the support of public education," "the su pervision of charities and corrections," and "the control of economic interests." To each chapter is prefixed a useful biblio graphy, valuable as the basis of study as to any State. It is pleasant to notice that the first reference in the volume cites Chase's preliminary sketch of the history of Ohio to 1833, the introduction to the future Chief Justice's painstaking edition, in three vol umes, of the Statutes of Ohio.