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 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