The Reason authorities, to show that this transition forms the framework of the law of watercourses, but not at all to enter into the rules of 'ripa rian rights' or 'appropriation' that have been built around it." With many citations the author attempts to show the truth of the following three "first principles" of the law of running waters. "(1) Running water in a natural stream is not the subject of property, but is a wandering, changing thing without an owner, like the very fish swimming in it, or like wild animals, the air in the atmosphere, and the negative community in general. (2) With respect to this substance the law recognizes a right to take and use of it, and to have it flow to the taker so that it may be taken and used,—a usufructuary right. (3) When taken from its natural stream, so much of the sub stance as is actually taken is captured, and, passing under private possession and control,
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becomes private property during the period of possession." Wills. "Does the Court Ever Write a Will for the Testator?" by Frank Warren Hackett. Columbia Law Review (vol. ix, p. 51). The author is of the opinion that, although courts disclaim the power or wish to make a will, they do so now and then by their "inter pretations." He thinks this most often occurs when a testator undertakes to give money to a public charity. "That a bias, more or less strong, exists in favor of sustaining, if pos sible, a public charity to the exclusion of the heir-at-law, few practitioners of experience will deny. . . . Indeed the English doctrine of cy pris when applied with a free hand comes very near answering in the affirmative the title-question of this article." Some very re markable cases of the application of the doctrine of cy pris so as to provide a new clause in the will instead of that written by the testator, are given.
BOOKS RECEIVED Receipt of the following books, which will be reviewed later, is acknowledged :— Ideals of the Republic. By James Schouler. Little, Brown & Co. Recollections of a Varied Career. By William F. Draper. Little, Brown & Co. Proceedings of the Illinois State Bar Association, Chicago. June 25 and 26, 1908. The Philosophy of the Federal Constitution. By Henry C Hughes. Neale Publishing Co. Handbook on American Mining Law. By George P. Costigan. Jr. West Publishing Co. The Making of the English Constitution, 449-1485. By Albert Beebe White. G. P. Putnam's Sons. The American Executive and Executive Methods. By John H. Finley and John F. Sanderson. The Century Co.
The Trial of Jesus. By Walter M. Chandler. V. 1, The Hebrew Trial; v. 2, The Roman Trial. Empire Publishing Co. The Law of War between Belligerents; a History and Commentary. By Percy Bordwell, Ph.D., LL.B. Callaghan & Co. International Law. By John Westlake, K. C, LL.D Part 1, Peace, 1904; Part 2, War, 1907. Cambridge University Press. Report of the Twentieth Century Meeting of the Virginia State Bar Association, Hot Springs, Va., August 4, 5 and 6, 1908. Volume xxi. The Control of Public Utilities. In the form of an Annotation of the Public Service Commissions Law of the State of New York, and Covering all Important American Cases, together with the text of the Federal Interstate Commerce Act and the Rapid Transit Act of New York. By William M. Ivins and Herbert Delavan Mason. Baker, Voorhis & Co.
The Reason By Harry R. Blythe Within a court not long ago A stupid case I saw, I thought my counsel whipped his foe, I know we had the law; I deemed of course that we would win Our little case of tort, But lo! the judge put on a grin And threw us out of court.
I asked a person by my side If this he could explain; Such cases better not be tried If common-sense is vain; He said, "You'd know the reason why If this were your abode, Remember, stranger, in N. Y. You've got to mind the Code."
