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EDITORIAL DEPARTMENT

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growth of socialistic schemes for the exten Further, recent cases in British courts warn sion of the sphere of operations by one or us against the crude application of the prin other government, it will be necessary to con ciples of employer and employed to the rela sider how far each government is a juristic tions of public authorities their officers." person, subject to the laws of the other. . . . PUBLIC POLICY. "Municipal Control of "In the United States the present ques Public Utilities," by Oscar Lewis Pond, tion, like most other questions of public law, Columbia University Press, New York, 1906. has received more attention than with us. SALES (Remedies of Seller). In "The The state, whether as a political abstraction or a juristic person, is clearly perceived as Right of a Seller of Goods to Recover the Price," in the March Harvard Law Review something behind and apart from the govern ment; its personality is not obscured by or (V. xx, p. 363) Professor Samuel Williston confused with anything corresponding with gives an exhaustive discussion of the rights the Crown; the Governor is a mere executive of the seller when the property in the goods officer. It is easy, therefore, to impute repre has not passed to the buyer, because he wrongfully refuses to pay. The English com sentation of the state to all who are exercis ing governmental power for the whole com mon law did not permit recovery of the price munity. The result is that the immunities of in such cases; a large number of our states the state attend the public body in the per do permit it. Professor Williston on the whole formance of all duties which do not peculiarly approves the American rule as reaching a concern the interest of the inhabitants of a just result. particular locality or the administration of SAN FRANCISCO SCHOOL INCIDENT property; the governmental functions of even (see Constitutional Law). a municipal corporation are regarded as TAXATION. " Internal Taxation in the powers entrusted by delegation from the Philippines," by John S. Hord, Johns Hop state and exercised on its behalf. (See Goodkins Press, Baltimore, 1907. now, Municipal Home Rule, p. 140, Munici TAXATION (England). "The Incidence pal Problems, pp. 59 and 60; Comparative Administrative law, i. 173 et seq.) Although of Estate Duty in Regard to Personalty," by this result has been reached by a careful W. Strachan, Law Quarterly Review (V. xxiii p. 88). regard to English as well as American autho TELEGRAPH. " Mental Anguish Doctrine rities (e.g. see Hill v. Boston (1877) 122 Mass. 344) it is at first startling to an English in Telegraph Cases," by Geo. A. Lee, Central lawyer, and it may be doubted whether any Law Journal (V. lxiv, p. 108). English court would accept the principle in TORTS (see Libel, Public Law). the form in which it is commonly stated by WITNESSES. " Privileged Communication American writers. Still, by a different road, Between Attorney and Client," by W. C. we may reach the conclusion not very different Rodgers, Central Law Journal (V. lxiv, p. 66). from the American. The English doctrine that public authorities are not in general = WORKMEN'S COMPENSATION. " The New liable for nonfeasance but are for misfeasance, English Compensation Act in a Nutshell," expresses darkly and unscientifically a great Tit-Bits (V. li, N. 1324). » WORKMEN'S COMPENSATION. "Is part of the American rule that purely gov ernmental powers are not sources of civil Workmen's Compensation Practicable?" by liability; that the American courts have been Arthur B. Reeve, Outlook (V. lxxxv, p. 508) driven to more explicit enunciations of the a brief article insisting upon the ultimate principle than our own, may in part be im necessity of such legislation from an economic puted to be hardihood of American suitors standpoint. It contains some interesting sta and a more experimental spirit in litigation. tistics.