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The Green Bag

ment in the law of public service cor porations, and persons engaged in pub lic callings, where the law compels the parties to deal with all persons alike on reasonable terms. In each case, in con sidering the aspect of the combination

as against third parties not connected with the trade, the rule generally is that the combination may enforce any right it may have, irrespective of the cir cumstance that it is an illegal restraint on trade."

Reviews of Books Chamberlayne's Modern Law of Evidence BY CHARLES C. MOORE The Modern Law of Evidence. By Charles F. Chamberlayne, Esq., of the Boston and New York bars, American editor of Best's Principles of the Law of Evidence (1883), editor of the International Edition of Best on Evidence (1893), American editor of Taylor on Evidence (1897), editor of third American Edition of Best on Evidence (1908). Matthew Bender & Co., Albany, N. Y. Four large royal octavo volumes. ($28.)

THE author of this work adds another name to the scroll of Har vard men who have earned an unstinted measure of enduring gratitude of the legal profession. As the editor of Best and of Taylor, and the author of other strikingly meritorious work, he has been immersed in the law of evidence almost continuously for thirty years. Lord Campbell's description of the treatise on "Merchants' Ships and Sea men," by Charles Abbott (afterward Lord Chief Justice Tenterden), accu rately depicts Mr. Chamberlayne's volume by contrast with various pro ductions misbranded as law books. "Instead of writing all the legal dogmas he had to mention, and all the decisions in support of them, on separate pieces of paper, shaking them in a bag, drawing them out blindfolded, connecting the paragraphs at random with conjunctions or disjunctives ('And,' 'So,' 'But,' 'Nevertheless'), he made an entirely new and masterly analysis of his subject;

he divided it logically and lucidly; he laid down his propositions with pre cision; he supported them by just reasoning; and he fortified them with the dicta and determinations of jurists and judges methodically arranged. His style, clear, simple, and idiomatic, was a beautiful specimen of genuine Angli cism." (Lives of the Chief Justices, Cockroft's edition, vol. 5, p. 289.) "Modern" is an appropriate word in the title of the work. "The great difference between the modern and the ancient world is the growth of the scientific spirit, and the meaning and value of evidence," says Arthur C. Benson in his essay on Egotism. Mr. Chamberlayne devotes several interest ing sections to a discussion of "Evidence as a Science"; and throughout his work the object of the law of evidence, viz., "the establishment of truth by the use of the perceptive and reasoning facul ties," is conspicuously exhibited. The order of treatment has been determined by the extent to which the operation of the function of administra tion is present in the practical handling of various branches of the law of evi dence. The first volume defines admin istration itself, states the canons under which it is rationally exercised, the