New-York tribune., 1879-05-23


Still. In spite Of storm.
From all we feel or fear
rescue mag be near:
Though tempests blow their best
A manly heart can rest
Still, III spite OF StorI1!
THE LAW OF RAILROAD AND OTHER CORPORATE
HOughtOn, Osgood, & Co.
Mr. Jones is already favorably known as a
writer on legal topics by the publication last year Of
treatise the law of mortgages. The present work is
an outgrowth of that undertaking. aud possesses its ex
oeences in method and composition. The elementary
principles of the law of mortgages were not included III
the authors plan. His object TO discuss ana ex-
plain principles OF equity especially applicable to the
relations between railroad and similar corporations on
the one hand and on the other the creditors holding
their securities and the relations OF the latter between
themselves Within the past fifteen or twenty years
these principles have received rapid and complete
development that they be said TO constitute novel
and distinct branch of Jurisprudence and as such they
can be treated with greater advantage to Themselves,
and 10 those concerned with the study OF
them by being treated separately. The principal
topics discussed the power OF corporations
to mortgage their property and franchises,
the form and construction OF the instrument tho prop
ery covered by IT, both existing and ater-acqured the
nature and Incidents of corporate bonds including
municipal bonds issued in aid Of railroads, the rights
holders and the duties and rights of mortgage trus
tees As affecting the remedy the book treats Of tho
jurisdiction of courts for the enforcement or corporate
securities the method of practice in foreclosure pro-
ceedings, and under this OF the appointment and Jurs-
doon OF receivers their rights and liabilities debts and
certificates. The subjects of the equities OF creditors
subsequent to the mortgage, the characteristics OF
schemes for reorganization and the Incidents Of fore
closure sales, are also treated with the fulness
which their Importance requires The cases to
which the author has resorted for authority
are for the greater part the adudcatiOns of the SUI
preme Court the Circuit Courts of tho United States
and they have involved interests OF great magnitude
they have as general thing been carefully elaborated
by the counsel and well considered by the judges.
The constitution OF the tribunal well as the accidents
of the litigation has thus tended in very considerable
degree, avoid diversity Of opinion and hence incoD-
sstences in the system itself. These circumstances
made desirable and the comparative rarity of the cases
made possible. the plan adopted the author OF quot
ing largely from the opinions OF the courts Thus tho
facts which were maternl TO the decision and the law
which deemed to be applicable to them, are pre-
sened to the reader In the most authoritative way.
.
THE LAW OF EXTRADITION. BY SAMUEL 7. SPEAR Z. d
8vo pp. AS. Weed, Parsons d Co.
The chapters composing this volume ap-
peared orr ginay series Of papers in The Albany La1
Journal which professional and public attention
attracted by the proceedings OF the English Crown
authorities upon the demand OF our Government for
the rendition OF Wtnslow as q fugitive criminal and.
indeed, IT was this diplomatic incident which excited
the learned author to the discussion Of the principles of
treaty construction and extradlton law involved III
that, ut the time, somewhat noted case. The articles
as they proceeded proved comprehensive in their
scope and, with considerable enargonents and
slight changes, are now presented In the form OF u
treatise upon the general subject Of exradon. both
International and interstate. The field which the
author has attempted TO cover has hitherto been
unexpored by law writers in this country Excepting
a few desuitory chapters existing in Mr.. WbartOn's
treatses upon the conflict of laws ard upon criminal
raT.s.
corpus, the subject has been seriously considered
only In the Diplomatic correspondence or by
way OF newspaper discussion. The number OF cases.
also touching the subject of eXtradOn in which there
been any serious debate upon the effect OF treaty
stpulatons the force extent, and limitations of
usages regulating the rights of the government and
accused have been exceedingly and DR.. Spear is
therefore entitled from the pubcist and the lawyer to
the praise awarded TO tho pioneer The first part of the
work treats of international extradition, and its
purpose is to discuss the Winslow case,
the position taken by the author and sought
to be proved being that the extradtiOn remedy.
az provided by the treaties Of the United States
Qures that the person whO under these treaties has
been delivered up as fugitive criminal. shall not be
tried for any offence committed anterior to bis extra
ditiOn other than the for which he demanded
and surrendered, until he has had an opportunity of
returning to the jurisdiction from which he extra
dl,ed. the authors observations paTake rather of the
nature Of argument than Of judicial summing up and
perhaps with improprety, the proposition may
st be regarded as debatable ground. lie also holds
that the usage OF the United States does not sanction
the international surrender Of fugves, except the
case provided by treaty and that the usage,
far rs there any, would to for
lid IL. Tie recent instances Of the surrender
Tweed by Spain and OF the defsuter Angel by Poru
gal upon the request of our Government, appear TO
be in opposition TO this view. a. IL would be against the
comfy nations FOR This Government in its relations
with another 10 refuse 10 do which under like
cumsances 1t had called the other to perform In
the second part Of the work interstate extraction Is
discussed and the doctrines explained and urged upon
former topic extended TO this subject as well
An appendix contains the cXtFsdtIoG ireutics and
statuteso the United States, the English EXtT.dtion
Act of 1870 and the forms usually employed In obtain
ing the surrender OF fugitiycs.