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to entrust to private hands without govern mental control based upon some recognized standards. Indeed, the public law in this, as in the other cases, should put sufficient limitations upon any business policy, however profitable, which comes in conflict with the fundamental principle of equal service to all applicants. And it seems that there can be violation of this principle by disproportionate rates in different services as well as by dis crimination in the same service. . . . "It is submitted, therefore, that the public service law will not be satisfied in the end unless with some reasonable degree of cer tainty each applicant who requires a service is charged his proportion of the total cost, including in that cost, over and above all current and fixed charges, a fair return upon proper capitalization. It must be admitted that the law relating to disproportion is still in the making; it is as indefinite as the law relating to discrimination was twenty-five years ago. A lawyer who saw no visions then would have relied upon the fact that by the weight of authority there was no law whatever against discrimination as such. Provided each applicant for the same service was quoted a rate reasonable in itself, all was then well; although outrageous differences even at that time might be evidence that the higher rate was unreasonable. In the same way to-day, very probably by the weight of authority, there is no law against dispropor tion as such. Provided each applicant for different service is quoted a rate which is reasonable in itself, it may be that there is no redress by established law, however outrage ous the disproportion may be; although it seems to be agreed that outrageous differences may be evidence that the higher rate is un reasonable in itself. And yet it is quite in the line of the evolution of the public service law that a rule against disproportion as such may eventually be recognized, despite the fact that it might interfere with the business policies of the public companies even more than the present rule against outright dis crimination has done. "That those who profess a public employ ment owe the utmost public service should be generally accepted as the fundamental principle upon which the law governing pub
lic employment is to be based. It is not agreed, however, how far this principle should be pressed; there is a clash of interests here, and there is an inclination on the part of those who conduct the public services to con test every issue. This is hardly an enlight ened selfishness; for it seems to many who appreciate the temper of the public, that the time has come when extension of the law and enforcement of it should be the avowed atti tude of all conservative persons who wish the perpetuation of the present condition of individual enterprise." PUBLIC POLICY. " The Law and Indus trial Inequality," by George W. Alger, Albany Law Journal (V. lxix, p. 121). PUBLIC POLICY. " Justice and Mercy," by J. A. Saldanaha, Bombay Law Reporter (V. ix, p. 105). TEXT BOOKS. " A Practical Guide for Authors in Their Relations with Publishers and Printers," by William Stone Booth, Houghton, Mifflin & Co., Boston, 1905, fifty cents net. This little book should be in the hands of every aspiring author as it contains indis pensable information as to their relations with printer and publisher, especially empha sizing the form of manuscripts, agreements with publishers, advertising, etc. The most valuable part, however, is that devoted to proofreading and the signs used in correcting proof. There is also an extended discussion of spelling and punctuation from the printer's point of view. TRUSTS (Constructive, in Land). " Con structive Trusts Based Upon the Breach of an Express Oral Trust of Land," by James Barr Ames, May Harvard Law Review (V. xx, p. 549). In the face of the statute of frauds which provides that in the absence of a writing, the trust shall be " only void and of none effect " equity cannot compel the performance of an express oral trust of land. Dean Ames clearly and with copious citations discusses the rights of the parties in the three classes of cases that arise: (1) Declaration of trust by the owner; (2) conveyances upon trust for the grantor or a third person, and devises upon trust for a third person; (3) conveyances by the seller, by direction of the buyer, to a third person.
