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length the rules of their liability for their offi cial acts and the manner of enforcing it. PRACTICE. " Examination of Witnesses, ' by Amos C. Miller is the latest contribution to the " Legal Tactics Series," of addresses before the students of the Law School of Northwestern University, Illinois Law Review (V. ii, p. 244). It contains exceptionally effective suggestions on a subject much dis cussed of late. Though most lawyers fully appreciate the principles of good cross-exami nation, there are few who have the wit to apply them successfully in practice. Repeti tion of these suggestions is a great help . PRACTICE. " Organization of a Legal Business," by Reginald V. Harris, Canadian Law Review (V. vi, p. 355). PRACTICE. " Identity of Issues on Appeal from Justice's Courts," by Charles Sumner Lobingier, Central Law Journal (V. lxv, p. 369). PRACTICE. " Preferences," by George I. Woolley, Bench and Bar (V. xi, p. 15). PROPERTY (Covenants running with Land). " Contractual Obligations Attaching to Land," by W. Strachan, Law Quarterly Review (V. xxiii, p. 432). A short but illuminating discussion of the principles coverning this important branch of real property law. TRUSTS. " A Trustee's Handbook," by Augustus Peabody Loring, Little, Brown & Co., Boston, 1907, 3rd. ed. Price $1.50 net. Though intended for the conveniences of trustees, rather than the instruction of law yers, this manual, by a lawyer of keen business instinct, has proved a most suggestive refer ence book for practioners upon a subject of increasing importance and complexity in this time of accumulation of wealth. Without attempting exhaustive citation of cases it collects important modern authorities on all points likely to arise in ordinary trusteeships. This new edition has added over three hundred citations. Illuminating discussions of some problems recently conspicuous, such as appli cation of stock dividends and interstate law, have been substituted for former text. The style, as in former editions, is a model of clear ness and conciseness.
TRUSTS (See Legislation). TORTS. The Law of Torts. By Melville Madison Bigelow, Ph.D. Eighth ed. Boston. Little, Brown, and Company, 1907. Buckram. The task of the reviewer of a new edition of a book so well and favorably known as Bigelow on Torts is ordinarily a simple one, and consists merely in briefly pointing out any general changes in arrangement and method of treatment. This last edition of Dr. Bigelow's book, however, is something more than the ordinary new edition, with cases brought down to date. While substantially all the material used in the seventh edition has been preserved, the arrangement of the book has been materially changed, and very important fundamental propositions clearly expounded. The opening chapter on " Theory and Doc trine of Tort," has been in large part rewritten and has been developed into a carefully reasoned, philosophical exposition of the nature of legal rights and duties, with special refer ence to changes occurring in the law of torts as evidenced in the decisions dealing with the conflicts between labor and capital. Dr. Bigelow has already given an able and forceful presentation in his " Centralization and the Law," of the idea that law is but the expression of dominant social force, — the resultant of the conflict of social forces in the state, less the conservatism of courts and legislaturesThis idea he has embodied in the present edition, making it the occasion for consider able new matter and for a fundamental re arrangement of his entire treatise. Legal right broadly is, he says, what the dominant force in society, deflected more or less by opposition, requires or authorizes. Legal right in general is based upon the idea of freedom to do whatever is reasonable. What is rea sonable must in the specific case be answered by the judges. But judges are not permitted to decide arbitrarily. Aside from influences of a personal or sub-legal nature, such as the judge's own views of political economy, politics, ethics, or the pressure of public opinion, the real determining influence in deciding upon legal rights is to be found in particular econo mic movements of society as they gain ascend ancy in the state; in the prevailing social standard or predominating energy of the
