420
THE GREEN BAG
abutting landowner, summing up their rights proper municipal officers as to the location of public works will not be reviewed by the courts. as follows: "2. As between private corporations, co" i. The property of the public in the high way includes, beside the right of travel, also licensees of the municipality, the prevailing the right to permit, by the proper official action, consideration is the accommodation of the the establishment therein of such public greatest possible number of uses beneficial to utilities as are reasonably necessary for the the public and proper to the street. The comfort and convenience of the people of the second consideration is the commission of the community and do not interfere unreasonably least possible injury to the equipment of prior with other proper uses of the same highway. occupants. The resulting rule is that a new Any other occupancy of the highway is a corporation will be enjoined from any material interference with 'equipment already in place, nuisance and unlawful. "2. A public service corporation lawfully unless an avoidance of the interference would occupying a highway is liable to abutters only be inconsistent with the reasonably successful for actual damage to their land or the ease operation of the new utility. "3. For such unavoidable interference, not ments in the street appurtenant thereto. "In these rules the doctrine of additional extending to actual injury to its physical servitudes has no place. The growth of that property, the prior occupant of the street can doctrine is another instance of a hard case obtain no damages, either by way of compen making bad law. The trouble arose over sation for increased cost of operation or reim steam railroads. In the beginning resembling bursement for alterations necessitated. "4. For injury to physical property right more closely the trolley lines than the steam railroads of the present day, they were wel fully in the street both the municipality and comed to the streets. Eventually they became the private corporation are liable, even though, a hindrance, although changing only in the under the rules above stated, such injury may size, frequency, and speed of the trains. The not be prevented by injunction." HISTORY. James Westfield Thompson courts desired to give the abutting property owner some redress in the numerous cases describes in the June Illinois Law Review where he was seriously hindered in the ingress (V. iii, p. 81) "Anti-Loyalist Legislation to his property, or was deprived of light and air. During the American Revolution." The The doctrine of easements of access, etc., had article deals with a subject that has seldom not yet been developed. Accordingly the been carefully treated and is of much interest. theory of additional servitudes was invented. It is to be continued. IMMIGRATION REGULATION. " L'lmmiAt present the above named easements are universally recognized and furnish sufficient gration aux Etats-Unis et la Loi du 20 FeVrier protection. To award damages for further 1907," by P. Goul6. Revue de Droit Inter real or fancied injuries is not only illogical but national Privi et de Droit Pfnal International practically unjust." (V. iv, p. 372). Analyzing the provisions of The following is the author's summary of the Act of Congress of February 20, 1907, the law, according to the best authorities, as regulating immigration to the United States. to the relations between various public utilities To be continued. INTERNATIONAL LAW. " International occupying the street: "*r. As between a municipal corporation, Documents. A collection of International acting in furtherance of its governmental Conventions and Declarations of a Law-Making functions, and a private corporation, the only Kind." Edited -with Introduction and Notes consideration in the location of the municipal by E. A. Whittuck, B. C. L., Oxon., one of the works is their own efficiency. The munici Governors of the London School of Economics pality may choose that location most conven and Political Science. Longmans, Green & ient to its purpose, regardless of inconvenience Co., London, 1908. It contains copies of treaties in French and to the private corporation or interference with the operation of its plant. And in the absence English in parallel columns.- Part I contains of malice or oppression, the decision of the the Declaration of Paris of 1856, the Geneva
