must have varied greatly with each chancellor. "Equity is according to the conscience of him that is chancellor, and as that is larger or narrower so is equity." Many carefully collected precedents brought to light by Professor Barbour demonstrate this; as well as the very difficulties which he has confessedly met in framing any generalization to show a systematic equity jurisdiction in the fifteenth century. It is a gain to the study of legal history that so thorough an investigator as Professor Barbour has found time to explore the mass of early chancery proceedings and bring to light so much unpublished material.

Mr. Coopland has traced in the second essay, which furnishes the economic contribution to the Studies, the details of the advent of peasant colonists in a district of Northern France with its center at St. Omer, just south of Calais and Dunkirk, and the process by which they gradually acquired holdings almost amounting to ownership. The chief value of the investigation consists in the exact data upon which the generalizations are based. The labor has been performed just in time. It is unlikely that in the future this region will yield much fruit for patient and careful investigators of the exact basis of economic theory such as Mr. Coopland.

J. W.

CRIMINOLOGY. By Baron Raffaele Garofalo. Translated from the first Italian and the fifth French editions. By Robert W. Millar. Boston: Little, Brown and Company. 1914. pp. xl, 478.

This entire book may be summed up as an attempt to make the form of repression fit the criminal. It is the criminal, not his act, that threatens society. The deed is but evidence of the character of the doer who is the real danger, and whom society must suppress. The ideas of punishment, of public vengeance, of intimidation of others, these, though important, are subordinate to the idea of social necessity. Nor is the danger measured by the moral responsibility of the criminal, as is assumed by the present law. Indeed, since all criminals are but the product of heredity and environment, a logical application of this test would empty our penitentiaries. The real problem is to assort the criminals according to the dangers they represent. To this task Garofalo brings the great practical experience that he has obtained as lawyer, prosecutor, judge, and lawmaker. The first two classes are the insane, and the legal or conventional offenders. These are, theoretically, easy to distinguish, and, presumably, easily disposed of. Garofalo's greatest contribution is the third class, the natural criminal.

The natural criminal is a moral delinquent, marked by a partial or total absence of those usual feelings of pity for the suffering of others, or respect for their property. Garofalo has no patience with the sick-man theory, or the fallen-angel theory. Natural criminals are not normal men afflicted by disease in the literal sense, nor are they, like the Pirates of Penzance, "good men who have gone wrong." It is impossible for Mr. Hyde to be also Dr. Jekyl. He is an anomaly of nature, and society must pursue nature's own remedy, elimination. But since even natural criminals vary in their degrees of inadaptability, the means of repressing them must also vary. In a draft of an international penal code which Garofalo submits, he suggests such means as the deprivation of rights, interment in over-seas penal colonies, marooning, and the death penalty. He also recommends compensation to the victim and compulsory labor to insure it.

1 1 Selden, Table Talk; Equity.

Such, in brief, are Garofalo's ideas. We may not acquiesce in all his contentions, we may even wonder how many of us, if subjected to powerful temptation, would escape the brand of Mr. Hyde. Yet we cannot but feel that his division into natural and legal criminals has a sound basis. So felt even the old strict lawyers with their malum in se and malum prohibitum. For them, however, the distinction was chiefly a source of intellectual delight, without practical effect in any field but Agency. To Garofalo the difference means a fundamental change in the treatment of criminals.

The treatment itself, however, is more limited than the book's title indicates. Like most positivistic treatises, Garofalo's plan is suggestive of a garbage system, a method of carting off the filth after it has accumulated. The immediate need of this is great, and it is of capital importance as a preventive measure. But the book contains only incidental references to those social forces that produce the criminal or mould his ancestry. Within its scope, however, the book is an excellent introduction to criminology. Written by a lawyer, it makes an especially good beginning for lawyers and law students. It reads easily, due to the translator's success in expressing the author's thought rather than his language. Its moderate tone and practical nature make it good preparation for the audacious theorizing of Lombroso and the brilliant ingenuity of Tarde.

H. B. E.

WORKMEN'S COMPENSATION AND STATE INSURANCE LAW. By Harry B. Bradbury. Second Edition. In two volumes. New York: Banks Law Publishing Company. 1914. pp. lxxxii, 2476.

This work consists of two parts, of approximately equal length. The first part is a systematic treatise, and the second gives in full the text of the statutes. The treatise begins with an introductory chapter covering the theory and history of workmen's compensation acts, and then passes to a discussion of the more important questions to which the acts have given rise, - among others, the abolition of the old defenses, the persons to whom the acts apply, the manner of electing to profit by the acts, what injuries "arise out of" and "in the course of" the employment, the liability for injuries to workmen of contractors and sub-contractors, medical attention, funeral expenses, death benefits, disability benefits, wages as the basis of compensation, and procedure. As to each topic, the plan is to discuss the matter generally, then state decisions, and then indicate briefly the various statutory provisions. The decisions include those of the courts and those of industrial commissions and the like. Where procedure is dealt with, forms are given. In short, the treatise part of the work bears in mind throughout the needs of the practitioner. The other part presents in full the federal workmen's compensation acts, the workmen's compensation acts of the several states, the workmen's compensation acts of the several Canadian provinces, the British workmen's compensation act of 1906 and national insurance act of 1911, and the German workmen's insurance code of 1913. Thus for either practical or scholarly purposes the collection of texts furnishes a substantial basis. The work attempts to include all amendments up to January 1, 1914; and in several instances it contains matter of a still later date. The plan, as has been indicated, includes the features most useful to a practitioner or to a member of a commission charged with framing or administering a compensation law; and the plan has been carried out with a care that inspires confidence. Although the work is prepared for practitioners or for persons having a special interest, the introductory chapter should prove attractive to any student of law.

E. W.

GOOD WILL, TRADE-MARKS, AND UNFAIR TRADING. By Edward S. Rogers. Chicago: A. W. Shaw Company. 1914. pp. 288.

"Good will is that which makes to-morrow's business more than an accident. It is the reasonable expectation of future patronage based on past satisfactory dealings."

The first twelve chapters, introduced in this way, give sound counsel on choosing and acquiring those devices which make good will by "helping the public to identify your product," — trade-marks, trade-names, trade-dress. Speculation where ideas are capital is naturally an alluring subject, which is here treated with sympathy, and with good sense as well.

The rest of the book is on "Defending a business from unfair competition." This, too, is lively reading, brightened by frequent pictures of the mark infringed and the mark infringing, printed side by side. "It is not a law book," says the preface. It is published with the declared purpose of helping to minimize infringement; and the author is so impatient of anything that suggests unfairness or imperils an established good will that he has to stop, now and then, and admit that the courts have not come so far. Where this occurs, notably in discussing cases of alleged infringement by a man's use of his own surname, and cases of agreements designed to restrict price-cutting, the treatment is not such as to win the mind of a lawyer who has read the decisions of the United States Supreme Court on these subjects. But as a guide book through trade's fairyland, showing the paths that lead to that pot of gold, good will, the work deserves all praise.

A. R. C.

MANUAL OF FEDERAL PROCEDURE. By Charles C. Montgomery, B.A., LL.B. San Francisco: Bancroft-Whitney Company. 1914. pp. viii, 1057.

In this work the author has given to the practitioner in one small volume a handy guide to the rules and forms of procedure in the federal courts. The book is no more than it purports to be, a manual, and hence of small interest to the student; but its convenient arrangement and workable index, together with its handy bulk, make it a valuable ready reference work for office and court room. It includes many forms, with suggestions as to the steps to be taken in the ordinary law, equity, or criminal case, which should be of considerable value to the young practitioner.

Besides a well-arranged manual of procedure, with copious citations of authority and quotations from the new Judicial Code, other statutes on procedure, and court rules, the book contains in an appendix the full text of the Judicial Code, together with numerous statutes on procedure not included in the new code, as well as the rules of the Supreme Court, the Circuit Courts of Appeals, and the new federal equity rules, all carefully indexed.

THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914. By Neville Anderson. London: Stevens and Haynes. 1914. pp. 126.

SELDEN SOCIETY. Volume XXX. Select Bills in Eyre. Edited by William Craddock Bolland. London: Bernard Quaritch. 1914. pp. lxiii, 198.

THE DOCTRINE OF JUDICIAL REVIEW.

Princeton University Press. 1914.

By Edward S. Corwin. Princeton: pp. vii, 177.

THE JUVENILE COURT AND THE COMMUNITY. By Thomas D. Eliot. New York: The Macmillan Company. 1914. pp. xv, 234.

PROPERTY AND CONTRACT IN THEIR RELATIONS TO THE DISTRIBUTION OF WEALTH. Volumes I and II. By Richard T. Ely. New York: The Macmillan Company. 1914. pp. xlvii, 474; vii, 521.

MEMOIR AND ADDRESSES of U. M. Rose. By George B. Rose. Chicago: George I. Jones. 1914. pp. 412.

SELDEN SOCIETY. Volume XXVI. Year Books of Edward II. Volume VI. 4 Edward II. Edited by G. J. Turner. London: Bernard Quaritch. 1914. pp. civ, 228.

HARVARD

LAW REVIEW

VOL. XXVIII

JANUARY, 1915

No. 3

IN

STATE LEGISLATION UNDER THE

WEBB-KENYON ACT

'N the disputed zone between the police power of the state and federal authority over interstate commerce, there have been few questions of greater importance than that in regard to the regulation of intoxicating liquors. A solution of the difficulty was attempted by Congress in 1890, when it passed the Wilson Act, thereby hoping to make more effective, legislation enacted by the states under their exclusive power to regulate manufacture and sale, but inoperative until shipments from without a state had reached the consignees and the original packages had been broken. The force of the federal statute, however, was seriously lessened when the Supreme Court of the United States held that the words "upon arrival" in the Wilson Act referred not to state lines, but to the consignee, and that importations could not be interfered with until they reached the persons for whom intended.3 A campaign by the prohibition interests for further federal action was immediately begun, but success was not had until the early

1 Act of Aug. 8, 1890, 26 Stat. at L. 313. It provided that "all fermented, distilled, or other intoxicating liquors or liquids transported into any state, shall, upon arrival in such state or territory, be subject to the operation and effect of the laws of such state or territory, enacted in the exercise of its police power, to the same extent and in the same manner as though such liquids had been produced in such state or territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise."

2 Leisy v. Hardin, 135 U. S. 100 (1890). Rhodes v. Iowa, 170 U. S. 412 (1898).