1. The New York Statute enacting that there shall be maximum rates for the charges of gas and electric light companies, and conferring on a commission to be appointed by the Governor the duty to investigate, determine, and fix, upon complaint of municipal authorities or consumers, and after a public hearing, a reasonable maximum rate to be charged in the particular case, is not unconstitutional as delegating to an administrative body legislative and administrative powers, or as blending legislative and administrative powers in the same officer in violation of the provision of the Federal Constitution guaranteeing to every state a republican form of government.

2. Such statute, in providing that the commission for fixing gas and electric light rates shall fix the rates within the limits prescribed by law, refers to both statute and common law limitations and thus requires that the rates shall be reasonable, and therefore the act is not objectionable as committing to an administrative board arbitrary power to determine the tariff of rates.

3. Such statute, in providing that on written complaint being made as to the illuminating power, purity pressure, or price of gas or electricity sold by any company, the commission shall investigate or inspect the works, plants, and books of the company, and providing for a public hearing, that notice of the complaint shall be served on the corporation affected thereby and that both the complaints and the corporation shall have an opportunity to be heard and to be represented by counsel, and giving the commission power to subpoena witnesses, take testimony, and to administer oaths in any proceeding or examination instituted before it or conducted by it under the provisions of the acts, and providing that orders of the commission on its own notice or without complaint shall be made only after reasonable notice to the corporation to prepare its defence or objection to the demands of the commission, contemplates that the investigation and report of agents and inspectors are to follow the filing of any complaint and to precede or to be made during the public hearing, and that the whole proceeding

shall assume a quasi judicial aspect, and is not objectionable as authorizing orders by the commission based not only on the evidence and proceedings had at the public hearing but on the ex parte statements of the officers, agents, and inspectors of the commission which the company may have no knowledge or opportunity to controvert.

Saratoga Springs vs. Saratoga Gas, etc., Co. (N. Y.), 14 Anno. Cases 606.

REVIEWS.

THE LAW OF UNFAIR BUSINESS COMPETITION.
By Harry D. Nims, of the New York Bar.
Published by Baker, Voorhis Company,

Price $6.50.

New York City, N. Y.

This is a work covering an entirely new field, but on a timely subject, It is not a book on "Trade Marks" but includes it-expanding, as the title indicates, into those subjects which the courts are and should recognize as infringement on honest industry; showing the cases that have already received adjudication and pointing out the possible and probable results of present business methods that must receive correction pursuant to equitable legal principles. It deals with the equitable principles applicable to all sorts of unfair methods of competition in business, a division of the law which has been largely developed in the last few years. As said by the author in his preface 'Modern science has transformed into wealth much that in former days was waste. Now the question is raised as to whether these new values are property, and the sort of property which equity protects." Thus the author of this book has not only entered a new field of the law, but at once plunged into vital questions-questions that must be understood by the lawyer and settled by the judiciary. While modern industrial development has brought about many legal compexities this book has come to solve them, proclaiming still, that "where there is a right there is a remedy." The treatment of the various subjects is interesting and absorbing. And the book closes with a complete index.

OKLAHOMA CRIMINAL REPORTS. VOL. 1.

This volume contains 115 opinions and is the first of our criminal reports, covering the period since statehood to February, 1909. While our Criminal Court of Appeals is now the arbiter of all criminal cases and its powers are supreme within its jurisdiction, more than one half of the opinions in this volume were rendered by the Supreme Court of Oklahoma and before the organization of the Criminal Court of Appeals as now existing.

This volume opens with an extended preface replete with valuable information as to the bases upon which our courts of last resort rest-giving dates of each act and step in the organization and establishment of our judiciary system. This preface so appropriately arranged is the work of Judge Thomas H. Doyle, and which in useful historical matter is worth the price of the whole volume. Then follows the rules of practice in the Criminal Court of Appeals, and this in turn is followed by the resolutions 'in memory' of Fielding Lewis and addresses on that occasion, all of which are beautiful in imagery, happy in diction and sublime in thought. After these exquisite specimens of solemn oratory, follows the opin ions. Of those rendered by the Supreme Court is the long and extensive opinion of Higgins vs Brown. The first decision of the Criminal Court is that of Slater vs. The United States, written by Judge Furman. On page 321 is found the case of Johnson vs. The State, also by the presiding judge, an opinion justly deserving the term 'masterly.'

On page 528 is found, In re Geo. W. McNaught, an opinion written by Judge Thomas H. Doyle, and one that for clearness of statement and legal research on questions of practice is equal to the best in the United States from any court.

As judicial monuments to Judge H. G. Baker, who voluntarily resigned from this Court, may be mentioned the opinions in Byers vs. The Territory and State ex rel. vs. Caruthers. The volume closes with a good index.

EDITORIALS.

Code Commission.-The report has been given out that the Commission on statutory revision will have its work completed by the 1st of Feburary, 1910. It will. however, be necessary that the legislature convene before the proper legal sanction can be placed on the Commission's work before the new statutes can be printed.

Federal Judge J. H. Cotteral, has continued the Tax Injunction cases of the Pullman and Western Union Telegraph companies, to January 10th, 1910. These are the cases intituted to restrain the State from collecting the taxes against them for 1908-09.

Send us your check for four dollars and secure copy of Haight's on Questions and Answers.

Attorney-General Charles West, holds, in an opinion, that no penalty will attach to taxes in this state if the tax is paid by February 1st 1910.

We cheerfully mail free a copy of this Journal to one of our subscribers if he has accidentally lost a particular number from his files; but we will not mail a single copy to be imposed upon, under the guise of "intending to subscribe." One real estate firm under this guise, and under different addresses and names, has at different times secured five copies for the sake of some particular article or decision and that "intended subscription" has not yet arrived. To this class of fellows we desire to say that requests for single copies of this Journal must be accompanied by 35 cents. And a regular subscription with a check for $2. This Journal is now seven years old and established, and can live without the approbation of this class of sympatizers in this "commendable enterprise.”

Attorney Linus A. Williams formerly located at Coweta has moved his office to Muskogee, and formed a partnership with his father the Hon. M. L. Williams, one of the best known lawyers of that city. Mr. Linus Williams is a graduate of the University of Arkansas. Hon. M. L. Williams, the senior member of the firm is an experienced lawyer of over twenty years of active practice.

Election Bribes.-A change in the election law of Kentucky relative to bribes is being agitated. The present law contains a penalty both against the bribe taker and the bribe giver; and as a consequence those accepting bribes have as much interest in concealing the bribe as the giver and consequently very few convictions can be had. A bill is now prepared to amend said law by removing the penalty against the accepter of the bribe.

MOORE on FACTS, continues to receive not only the fullest appreciation from the Profession, but the highest praise from the legal periodicals. The Michigan Law Review, one of the leading law journals in the English language, speaking of it in its last issue, says: "Few books published in recent years give evidence of more painstaking research not only in the field of legal literature but in other branches." Again speaking of the work, says: "There is a wealth of material so rich as to be appreciated only by extended examination." The primary object of Moore on Facts is to aid lawyers in the argument of questions of fact, especially in desperate cases, and to that end the author made an original exploration of the reports and devoted many years of patient toil to the collection of material which has been carefully wrought into these volumes. An able attorney a few days ago said, "I never knew my power as a triallawyer until I began to study this work."

Send us your check for a set of this great work. It sells for $12. You need it. It will add fifty per cent to your case winning capacity.