New-York tribune., 1890-06-12
NEW PUBLICATIONS.
RAILWAY LAW.

THE M9pFSY Law Of EAwAYsr ssriuFE # REgFaF oF
Charles Fsh Beach T ls%S ib baneo swS Whitney
Company. 1890.
what are today the most important branches OF
The law were unknown to the greatest masters OF tho
science less than 100 years aso. Even Blackstone,
who seems modern compared with most OF the chef
promugators Of the English common law knew
nothing Of the intricate legal problems growing out OF
the wonderful discoveries and inventions OF our age-
Coming down generation or two later. II may fairly
be said that Daniel webster and Rufus Choatc had
little knowledge Of the law Of railways and still
less II ANY, of those branches Of the law that have
been the outerowth Of the invention Of the magnetic
telegraph and the discovery Of the manifold uses to
which the powers Of electricity may be applied.
No phase Of this development Of the legal science
ID more important than the law Of railways. In
deed, 1t is not too much to say that scarcely any
other legal practitioner In the Office, or courtroom, has
90 great responsibility resting upon him. and so vast
and varied interests dependent upon his wise counsel
and advice as the railway lawyer As railways have
grown in extent and Importance, lawyers Of special
aptitude for the work have shown more and more
the tendency TO make speciality OF this KIND OF
legal practice. Moreover an excellent journal, ex-
clusiveiy devoted to railway law and coRnate sub
jects Is now published in this city, and edited by
Mr. Beach, the author Of the volumes before us.
Many works in railway law, Of greater or less ex-
cellence and value, have been written WHILE in the
reports the opinions Of the courts, from the highest
70 the lowest, upon questions arising In railroad
litigation, are assuming constantly increasing pro-
portions So that the literature Of the subject de-
spite its recent growth, has already acquired prom
inent and respectable character
Mr.. Beach dsclaims any purpose in these two
small volumes to write q complete treatise on the law
Of railways that shall supersede the larger works that
have formerly appeared in England or America he
has rather given a supplement to the more pre-
tcntous treatise, which. while 1t presents the general
range Of railway adjudication, gives particular prom
tpence to those phases Of the subject that nave pceh
lightly touched upon or neglected by other author'
The law of carriers and questions OF injury ana
negligence which have had ample treatment In other
works, receive less attention from Mr.. Beach. he
has apparently with great followed the course
of English legislation and adjudication "both," as
he says, "because Of the intrinsic value OF what
has been done in England toward the building up
Of a sound and stable system OF railway law
and because there is in the United States among the
thoughtful portion Of our profession growing concern
about English decisions and statutes regarding the
matter here on hand" The author believes that the
American railway system develops upon much the
same lines as the English system and that therefore,
the American lawyer cannot afford to lose sight OF
what is being done respecting railways In Parliament
and the English courts. 1t is reasonable to suppose,
on the other hand, that the magnitude Of railway
enterprise in America, and the character OF the
tribunals in which many Of our great railway legal
problems solved will attract the growing interest
and attention of English and other foreign jurists
Mr. Beach has performed an important service 10
such students practitioners both sides OF the
Atlantic lie has followed the method that is be-
coming general among legal writer's OF making a
digest rather than commentary, on the subject In
hand This method presents the matter In much moro
succinct form and furnishes the reader with one or
more authorities for every proposition laid down.
II may not be so gratifying TO the writer's pride as the
Indulgence in comments and arguments upon various
topics he has under considerations but 1t is much
more useful to the man actively engaged in the legal
workshop who desires TO know what the legislation
and adjudication upon any particular matter has bcen
The form and small size Of the volumes make them
more convenient for ready reference or court use tnan
the usual legal works Of octave SIZE