policy may well dictate a broad interpreta about way in fraud of the statute. In its es tion. sence it is not, on a broad construction of In this case there can be no doubt that, the statute, a combination of a person, real if the court believes that the statute does, or artificial, with itself,—which, of course, is and ought to prohibit the sort of thing ac an impossibility. There can be no doubt that complished in this instance, it can readily, the court, in order to avoid a fraud of the statute, can look at the whole transaction. upon accepted and settled principles, affirm the decision of the Circuit Court. It is in this way alone, I conceive, that the 1. For there can be no doubt that trans opinion and judgment of the Circuit Court can be supported. And even then, the portation is a part of commerce, and as such that the practical amalgamation of two com question must be handled with great care in order not to deal a tremendous blow to the peting1 lines of railway may result in the hinderance of commerce. It is, therefore, science of the law. in its broad sense a restraint of trade.-— al In conclusion I would say that the statute though not within the accepted legal doc seems to me to be most iniquitous and trine. But it is perfectly possible and rea harmful, and needless to effect any salutary sonable to sav that the words were not used or beneficent purpose. And the legal prin in their strict legal sense. ciples involved are so axiomatic, on the one 2. And if the statute is found to prohibit side and on the other, that it would be a the accomplishment of this thing; it certain work of supererogation to make an extended ly gives power to a court to enforce the pro argument or cite authorities for or against hibition. It cannot be maintained that such the decision of the Circuit Court. a combination can be formed in a round
MR. GREGGOR FISHES IN CUBA. BY Louis C. CORNISH. "pREGGOR is still fishing, sir!" said the Greggor grew listless, and although he still W Corporal, in answer to the Colonel's performed his work satisfactorily, it was evi inquiry. "He's been at it since six this morn dent that he was no longer in the same good ing." The Colonel passed along to his tent spirits. The apathy that had gradually been and there seated before his little writing stealing over him gained control the pre vious week, when to the surprise of his com table, his lighted pipe helping him in his pany he was seen early one morning, fishing cogitation, he tried to discern his duty. pole in hand, angling for imaginary fish in In his brief military experience nothing an imaginary stream that seemingly flowed had perplexed him more than this case of Greggor's. The man had enlisted at the out before his tent. break of the war. He had been alert to To the jests that were flung at him from all sides Greggor made no reply. Indeed, serve through the tedious weeks preceding the voyage to Cuba. No soldier in the com he did not seem to hear them. Seated in pany had been more faithful up to the be front of his tent, humming to himself "Ye ginning of the garrison duty two months banks and braes o' Bonny Doon," he ap before. Then there had come a change. peared heedless alike of the jeering crowd
