Trusts," the word trust being used to signify any combination, whether of producers or ven dors of a commodity, for the purpose of control ling prices and suppressing competition. It is pointed out that to form an illegal trust, it is not necessary that a pure monopoly be effected; the test is whether the purpose and natural conse quence of the agreement tends to create a monop oly. The conflict to be found in the decisions on the question of what trusts are unlawful arises in large measure, the author thinks, from a con fusion of the doctrine against contracts in re straint of trade and that against restriction upon competition; as, for example, in Anchor Co. v. Hawkes, 171 Mass. 101, where the court ignored the question whether the combination was promotive of monopoly or not, and discussed the valid ity of the contract from the standpoint of whether the restraint upon trade was reasonably necessary to protect the party in whose favor it was made. The rule which seems to prevail in New York, and, as to railroads, in New Hampshire, of allow ing a court to say how much competition is de sirable, the writer of this note considers both uncertain and dangerous. The other notes in both volumes are good; for instance, in volume 75, the note entitled " Who is a Vice-principal." RECEIVED AND TO BE REVIEWED LATER. THE LAW AND PRACTICE OF BANKRUPTCY UNDER THE NATIONAL BANKRUPTCY ACT OF 1898. By Wm. Miller Collier. Third edition revised and enlarged by James W. Eaton. Al bany, N. Y. : Matthew Bender. 1900. A TREATISE UPON THE LAW AND PRACTICE OF TAXATION IN MISSOURI. By Frederick N. Judson. Columbia, Mo.: E. W. Stevens, 1900. HANDBOOK OF THE LAW OF BILLS AND NOTES. By Charles P. Norton. Third edition by Francis B. Tiffany. St. Paul, Minn. : West Publishing Co. 1900. REGISTERING TITLE то LAND. By Jacques Dumas, LL.D. Chicago : Callaghan & Co. 1900. THE LAW OF INSURANCE. By John Wilder May. Fourth edition, by John M. Gould. 2 vols. Boston : Little, Brown & Co. 1900. HISTORY OF THE JUDICIARY OF MASSACHU SETTS including the Colony of New Plymouth, the Colony and Province of Massachusetts, and the Commonwealth. By William T. Davis. Boston; Boston Book Co. 1900.
ENCYCLOPEDIC NOTES. THE following is a review by Seymour D. Thomp son, author of •' Thompson on Corporations," etc. "I have made a careful examination of the arti cle ' Accord and Satisfaction,' prepared for the Cyclopedia of La-w and Procedure.1 I find it to con sist of a codification of the rules, together with their exceptions, which are generally grouped under that title of the law, including rules of Pleading, Evi dence, and Procedure which may be regarded as peculiar to it; the whole arranged on a closely ana lytical plan, such as facilitates search, brings like things together and separates unlike things from each other; knit together by a system of cross ref erences so as to make the different rules interde pendent and so as to make them qualify and ex plain each other; reduced to great brevity and precision of statement; the various rules and their exceptions and qualifications supported by great numbers of adjudged cases decided in the courts of Great Britain, of the United States, and of the various American States; arranged (where numer ous cases are cited to a single proposition) alpha betically, according to States and countries, so as to be easy of access; to which are added in the notes such explanations, illustrations and applications as seem necessary to a clear understanding of the subject. I have examined many of the cases, especially where I thought I had reason to doubt the accuracy of the statements of law to which they were ap pended, and I find that these statements of law respond with great fidelity to the doctrines of the cases cited in support of them. "The chief excellences of this work are: 1. A skillful analysis of the whole subject, and a classification of the supporting authorities such as will enable any one to ascertain quickly what the law in any particular jurisdiction is, with reference to any rule or principle embraced in it. 2. The great number of cases, which have been collected, examined and their doctrines stated. 3. Accuracy, fidelity and conciseness of statement. 4. The whole drawn, with careful fidelity, from the adjudged cases. 5. That the law of procedure, . . . including Pleading, Evidence, and Questions of Law and Fact, is stated in like manner, — thus making the article a succinct statement, both of the subjective and adjective law, relating to this title. "Any criticism of a work of such evident merit would seem to be ungracious. I do not well see how the doctrines of so many adjudged cases could have been more clearly presented." 1 Published by the American Law Book Company, 120 Broadway, New York.
