Reviews of Books
WYMAN'S PUBLIC SERVICE COR PORATIONS The Special Law Governing Public Service Cor
porations and all others engaged in public employ ment. By Bruce Wyman, Professor of Law in Harvard New York. University. 2 v. (812.60 Baker,delivered.) Voorhis 8: Company
HE most striking characteristic of these volumes at first glance is that although most of the decisions
cited have been rendered within the last
to which the law attaches certain obli gations delictual in character just as it does to agency or partnership. It is not dependent upon contract, although it has certain incidents misleadingly like contract.
These obligations are not to
the entire public, but to those within the scope of the calling undertaken who apply for service. Within certain broad limitations reasonable regulations may
back to the Year Books. A turn in the cycle of economic conditions has repro
be enforced by the corporation as condi tions precedent to further service. There is legislative power to regulate the ser vice within limitations not confiscatory.
duced old necessities of legal limitations
And the latter part of the book is de
on individual liberty and has brought to light the nearly forgotten law that grew up in an age when business
voted to an elaborate analysis of the new and rapidly multiplying decisions on rate regulation. In the newer and less familiar part of the subject full cita tion of cases is made. In the better
ten years, the fundamental cases date
monopoly was the rule and competition
the exception, and has developed it to deal with modern business methods.
settled part, largely relating to carriers,
The theory of public obligation of the
only characteristic cases are cited. There
monopolist at its birth had its basis
is a scholarly historical introduction, an
in the fact of virtual monopoly, and
illuminating chapter analysis and a very full index. The book has a double interest for lawyers. It collects and analyzes author
from this come possibilities of important expansion to deal with modern_virtual monopolies, and so the law of the mediaeval innkeeper and carrier has be come the law governing the greatest and most powerful of modern corporations. The purpose of this treatise is to show the fundamental unity of the law of all the great public services which hitherto have been treated separately with cross citations only by way of analogy. Its thesis is that public calling is in the nature of a status voluntarily assumed,
ities on questions of constant recurrence
in practice large or small. It deals in a broad way with one of the most vitally interesting problems of public policy. The author says: “No one can carefully study the authorities on this subject without feeling that we are just enter
ing upon a great and important develop ment of the common law. What branches of industry will eventually be
