New-York tribune., 1896-01-07
NEW LAW PUBLICATIONS.
LATEST DISCUSSIONS OF LAW WRITER'S

FARM TIri'F:s Halls BANK LAWS. OHAT-
TEL MORTGAGE LAW. HOTEL LAWS OF
NEW-YORk.
THE Law Applicable to Strikes" is the title OF
yrze thesis by Jacob NJ Moses. at the University or
MARYLAND There is no field in the broad domain OF
law and economics fascinating TO the student OF
to-day than that Of paternalsm in government ana
~ there is problem in the field more lef"le
than another Il is that which concerns the a'"-
tude OF our courts and Legislatures to the great
struggle between capital and labor. Judciai inter-
ference with freedom OF labor on the one hano'
and legislative interference with freedom OF capa'
on the other. have furnished fruitful themes LOT
the discussion OF National and state par asso'ld-
tons and have inspired scores Of contributors 10
legal periodicals and reviews. 1t is with the hrst-
mentioned phase OF the problem that the little
book before MS undertakes 20 deal some rev
pages il is true are devoted TO the earlier mstorN
OF the law applicable to strikes, and 10 me Jnolcdl
definition Of the terms conspiracy ana "poE'o''
But nearly two-thirds Of the thess MIR Moses mas
wisely reserved for the discussion OF clVi f'meues
with special reference 10 the Injunction
In the last year" he well says. no ofher
subject has been much discussed III ltN"' c"0,eS
rs the subject OF iniunctons with respect TO 'h'
strike question: and it may he remarked that no
other subject during the same period has caHei
Forth so MANY divergent views" Instead OF as
cussing these divergent views and offering pos
s.ble solution Of the problem. however the winter
with the exception of very clever neleh'e o. ''e
condemned
fines himself 20 q statement OF the facts ana o'
tho lsv anu,cahe to those facts far az Il has
already been announced This Is DISAPPOINTMENT,
for the few scattering decisions are or httie real
value except as they may Indicate what the iu'"re
policy Of our courts ought to be and the proDa"ie
effectiveness cf that policy in the solution OF the
problem.
The thesis was evidently prepared with great
4horoushness and the selection and discussion or
eases are excellent Altogether II VIII be iouhn 10
be OF interest and value. not only 10 the s'uu""'
of the questions considered. but 10 every man
whether la wyer or layman. VINO mas III" "ei'"'o va
his country at heart
commentaries on the Constitution of the United
States Historical and Juridcal. with Observations
,pon the Ordinary Provisions OF State Constitutions
and a Comparison with the constitutions Oh o'her
Countries" is the title of the latest work by Roger
Foster of the New-York Bar. which is now issuing
Prom the press The publisher. the Boston BOOK
COMPANY of Boston. announces that the nist VOL
me will be ready for delivery In the present month
Mr. Foster Is of the most active ana enerseuc
of the younger members of the Bar. is the author
of "A Treatise Federal Practice and Is
lecturer on Federal jurisprudence at the Law Schoo
of Yale University. From advance sheels OF Inc
Commentaries on the Constitution sent our by 'the
publishers II is apparent that Mr. Fosters purpose
Is not to mike a law book pure and simple. but to
include much matter entirely historical in It's nat
ure There is. for instance. section on History
of Secession" several relating to the doctrine ana
history of nufcation. and others, IN whlch 'he
reconstruction of the rebellious states Is cohsio-
cred Those parts of the book which deal with the
construction of constitutional provisions and the
action of the Federal courts in cases arising under
,hero are nrepared with the cearness and complete
ness Of statement which the author has shown in
other writings.
When dealing with political and historical ques-
Sions Mr.. Fosters partisanship is quickly apparent
He is known 10 his associates at the Newly ork Bar
cd Ofu
which does no; altogether fit him for the role or
historian. so long as he confines himseh 10 the
purely intellectual consideration of legal topics ne
is able 10 repress this partisanship. hut when he
endeavors to weigh political motives ana acts ne
finds himself unable TO view matters with the CAIN
evenness of disposition and temper which bett the
historian. especially when dealing with matters
within the personal knowledge OF generation sun
alive His picture of the condition of affairs IN 'he
,Eouth lust after the and while the reconstruc-
.,io, acs were in force would he a touching one If
she reader did not remember the fact which the
author scarcely notes. that the southern states
had then been conquered after long period OF open
rebellion. ard not, as a matter OF fact
,nronerIv States Of the Union until Congress gave
them the powers and rights possessed ny other
States The author divergcs several times from
review of the Constitution and an explanation
OF the decisions Of the courts on constitutional
questions to discuss historical questions which are
only remotely connected with the main purpose Of
the work
The extent Of the power to regulate interstate
commerce. the limitations upon the police powers OF
the States by the Fourteenth Amendment. and the
recent Interpretation OF some OF the constitutional
provisions within the scope OF the work Inc
nlan Of taking each clause in the Constitution ex-
plainne the origin of the enactments. comparing II
with the provisions in other Constitutions and the
coating together of all the judicial decisions bear
ing upon that particular part of the Constitution IS
iss a whole logical as well as comprehensive
one The digressions into historical and political
fields If less profitable. are frequently interesting
variations from the usually dry consideration OF
legal subjects How far the endeavor to combine
history and the dry consideration Of purely iega
questions may aid or embarrass the success OF MT
Fosters work only be determined IN future
Years II is OF value as an ambitious attempt py an
able and industrious lawyer to bring together every
thing that is to be found by research or evolved
from strong consideration OF facts that may
throw light upon the Constitution OF the United
States The work is handsomely printed ana Is so
subdvided into sections and so closey follows the
order OF the articles in the Constitution that any
one matter upon which information Is desired may
easily be studied by the nquiring reader. Mr. Fos
ter's reputation will be extended and increased py
this commentary even II It never attans the pace
which the volumes Of Story, Miller and Cooley oc-
icupy
Prentss Webster. the author Of the Law Of
Citizenship in the United States. has prepared
.a,uable volume on Law OF Naturalization in the
limited States of America and Other Countries
Little Brown & Co. Of Boston publish the book MI
Webster was formerly a law partner OF General
BENJAMIN F. Butler He has devoted much atten-
.ion 10 the study OF citizenship and expatriation.
and has collected IN the present volume large
amount of information not easily obtained else
where The purpose of the writer as Set forth In
the preface is not TO enter into discussion OF the
laws which govern expatriation, but ito leave the
reader by comparisons. to draw his own conclu-
sions concerning the present condition OF things and
10 suggest remedies. If any. which should be ap-
piled" The collection Of American cases has been
carefully made. and numerous citations from the