Page:Harvard Law Review Volume 2.djvu/410

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
392
HARVARD LAW REVIEW.

the quotations from the case end and the comments begin, the author takes up treaties, then internal commerce and trade-marks. Police power is touched on twice, — at page 454, and again in the following chapter. The same is true of ferries. The result is that, however clear may be the idea of individual cases, it is difficult to trace the history of the commerce clause, or to formulate just what the present condition of the law is, and in so far the usefulness of a work, otherwise admirable, is impaired. The volumes are printed in a thorough way, and the index, so far as we have been able to examine it, is satisfactory.

G. R. N.

The Mercantile Law Of England And the United States. By John William Smith, with notes by Carter P. Porneroy. San Francisco: Bancroft-Whitney Co., 1887. 12mo. Pages xxv and 888.

We have here in compact, handy form a compendium of the laws governing the business world. The text, which is necessarily very comprehensive in its scope, is that of the third English edition, and is retained entire, with the single exception of the chapter on the Bankruptcy Acts of England. The work of the American editor, which appears to be well done, is found in the foot-notes, which collect the American and English authorities and point out the changes in the law since the text was written.

The book in its make-up is similar to "Desty on Federal Procedure" and "Newmark on Sales," published by the same house, and, like them, loses in value for want of a list of cases. The cases themselves are jumbled together under the various headings without any regard to arrangement, chronological, geographical, or otherwise. The pages occasionally show inaccurate proof-reading. There is a good index and table of contents, however, and the division of the text into sections is a valuable improvement over the original edition. We think, on the whole., the profession; will find the work a serviceable assist

W. F. B

The Work Of The Advocate. A practical treatise, contain suggestions for preparation and trial. By Byron K. Elliott and W F. Elliott. Bowen-Merrill Co., Indianapolis, 1888. 8vo.

A book so novel in its conception and complete in its execution cannot fail to be of interest to the profession. Though many cases are cited incidentally, it does not profess to be a law book in the strict sense of the term, but rather a book about the practice of law in and out of court. Beginning with the chapter "Learning and Preparing the Facts," the author discusses at length all the different stages of the case, from the time the client enters the office until the last appeal is taken, making practical suggestions at each step, and citing cases in support of the rules of law most likely to be called into use. It treats largely of those things which must always be governed by the tact of the advocate in each case; yet a careful perusal of it would at least serve to put one on his guard when dealing with a wary antagonist. While no book can teach sagacity, "The Work of the Advocate" shows one the importance of this trait in the practising attorney. It will be found especially valuable to the younger members of the profession who desire to learn the practical side of the law as distinguished from the theoretical

C. M. L