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THE GREEN BAG
is entitled in some degree at least to the enjoy ment of certain private rights whether they are personal or property rights or both; and also to the enjoyment of certain public rights, and when such rights clearly exist or are vested there ought not to be an unlawful or un reasonable violation or infringement thereof which will work injury or damage to the per son or persons in whom they exist or are vested either individually, as a private citizen, or collectively." The application of these principles in the more familiar classes of cases is shown in detail by chapters on trade or business; smoke, fumes, gases, and noisome smells; noises, jars, and vibrations; animals and animal enclosures; nuisances affecting highways; and waters. Several chapters are devoted to the subject of remedies, and the distinction in this respect between public and private nuisances is well brought out. H. F. L. PRACTICE. " The Recommendations of the Illinois Practice Commission," by Robert McMurdy, Illinois Law Review (V. i, p. 299). PRACTICE. " Affidavits on Attachment," by Raymond D. Thurber, Bench and Bar (V. vii, p. 92). PRACTICE. " The Duty of the Bench to the Bar," in the November-December Ameri can Law Review (V. xl, p. 855), is an un signed article in address form, found among the editorial papers of the late Judge Seymour D. Thompson, and which there is some reason to think was his own work. It is not preten tious, but has many practical ideas. PROPERTY. ' Some Questions in the Law of Fraudulent Alienations," Anon., Madras Law Journal (V. xvi, p. 383). PROPERTY (Fixtures). " Some Sugges tions Concerning the Law of Fixtures" are made in the January Columbia Law Review (V. vii, p, 1) by Joseph W. Bingham. The article treats of too many of the multifarious phases of the subject to be summarized ade quately here, but it is commended to all interested in that branch of the law as an intelligent and clarifying discussion. PROPERTY (Rule Against Perpetuities). In the January Harvard Law Review (V. xx, p. 192), Albert M. Kales discusses " Several
Problems of Gray's Rule Against Perpetuities, Second Edition," taking issue with the dis tinguished author in several matters. The subjects treated are : Vested and contingent remainders; vested and contingent interests after terms for years; statement of the rule against perpetuities; whether the rule . ap plies to contingent remainders; vested gifts to a class and the rule; postponed enjoyment clauses void apart from the rule. PROPERTY. Albert Martin Kales con tinues in the January Illinois Law Review (V. i, p. 374) his suggestions as to reforms in the law of future interests needed in Illinois. PUBLIC POLICY. " The Economic Ad visability of Inaugurating a National Depart ment of Health," by J. Pease Norton, Albany Law Journal (V. lxviii, p. 338). PUBLIC POLICY (Commerce Regulation). An article by Judge Alfred Hand of the Su preme Court of Pennsylvania on " Titles to Coal Lands in Pennsylvania and Incidental Monopolies Connected Therewith," in the January Yale Law Journal (V. xvi, p. 167), discusses among others a question of national interest, namely, the monopoly in the coal trade secured by the Pennsylvania railroads in connection with the evil of discrimination in freight rates. Judge Hand thinks very cau tious consideration should be given the sug gestion " that no common carrier shall be allowed to carry as freight its own goods and products, and this to take the form of legis lation by the national government, reaching to the past as well as the future." It is pro posed to do this through the power of the United States to " regulate commerce " and deprive railroads of all vested rights to carry their own products outside of the state of their incorporation. Under the Dartmouth College case, the author thinks this result can be reached if at all only after a legal struggle as famous as that case. It does not seem to him worth while to take this step. "The simple fact that some corporations have a right to carry their own product to market, which has become vested, is not the evil — if it be an evil — that society is aim ing at. The evil to-day is graft, discrimination, rebates to hide discrimination. The investiga tion already made shows it did not hide dis
