Constitutional Law. Interstate Commerce. Control by States. Interstate Bridges

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<ul><li><p>Constitutional Law. Interstate Commerce. Control by States. Interstate BridgesSource: Harvard Law Review, Vol. 33, No. 2 (Dec., 1919), p. 312Published by: The Harvard Law Review AssociationStable URL: .Accessed: 21/05/2014 16:09</p><p>Your use of the JSTOR archive indicates your acceptance of the Terms &amp; Conditions of Use, available at .</p><p> .JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact</p><p> .</p><p>The Harvard Law Review Association is collaborating with JSTOR to digitize, preserve and extend access toHarvard Law Review.</p><p> </p><p>This content downloaded from on Wed, 21 May 2014 16:09:45 PMAll use subject to JSTOR Terms and Conditions</p><p></p></li><li><p>31 2 HARVARD LA W REVIEW </p><p>seem to accrue under the contract. See So. Ry. v. Prescott, supra, 639. In the instant case the shipper had started but not completed the act of assuming control; the stock remained in the car and was not out of the carrier's posses- sion. See Young v. Hichens, 6 Q. B. 6o6. The claim did then accrue under the contract, and the shipper's failure to give notice afforded the carrier a good defense. It would seem that the question of termination of transporta- tion as discussed in authorities relative to the change from carrier's to ware- houseman's liability, a question to which the court directed much attention, was immaterial. </p><p>CONSTTTUTTONAL LAW - INTERSTATE COMMERCE - CONTROL BY STATES - INTERSTATE BRTDGES. - The plaintiff built a bridge across the Ohio River be- tween West Virginia and Ohio under a contract with the defendant, part of the consideration for his work being a " free pass over and across said bridge per- petually." A West Virginia statute, enacted later, made it unlawful for a public service corporation to receive from any person a greater or less compen- sation for any service than it received from any other person. The plaintiff seeks an injunction to restrain the defendant from requiring him to pay toll when crossing the bridge: (i) from the West Virginia shore; (2) from the Ohio shore. Held, that the bill be dismissed. Sclzrader v. Steubenville, East Liverpool &amp; B. V. T. Co., 99 S. E. 207 (XV. Va.). </p><p>For a discussion of this case, see NOTES, P. 292, supra. </p><p>CONSTITUTIONAL LAW - MAKING AND CHANGING CONSTITUTIONS - FED- ERAL AMENDMENTS - STATE REFERENDUM. - A mandumus was sought to compel the Secretary of State of the state of Washington to submit to the people the proposed Eighteenth (Prohibition) Amendment to the Federal Constitution which had already been ratified by joint resolution of the Washing- ton legislature. An amendment to the state Constitution provided that ";a11 acts, bills or laws" passed by the legislature should be subject to review by the electors on proper petition. The lower court ordered the writ to issue. Held, that this was proper. State v. Howell, i8i Pac. 920 (Wash.). </p><p>A similar mandamus was sought under the provisions of the Oregon Con- stitution which reserve to the people "power at their own option to approve or reject at the polls any act of the legislative assembly." Held, that the writ of mandamus should not issue. Herbring v. Brown, i80 Pac. 328 (Ore.). </p><p>For a discussion of these cases, see NOTES, P. 287, supra. </p><p>CONSTITUTIONAL LAW - TREATY-MAKING POWER - FEDERAL MIGRATORY BARD ACTS. After the federal Migratory Birds Act of March 4, 19I3, had been declared unconstitutional as an exercise by the federal government of power reserved to the states, the federal government made a treaty with Great. Britain on behalf of Canada to protect birds migrating between the United States and Canada. On July 3, i9i8, Congress passed a second Mi- gratory Birds Act, of substantially the same character as the unconstitutional Act of I913, except that it was framed expressly to carry out the British treaty. Held, that the act of i9i8 is constitutional. United States v. Thompson, 258 Fed. 257; United States v. Samples, 258 Fed. 479; United States v. Selkirk, 258 Fed. 775. </p><p>For a discussion of these cases, see NOTES, P. 28i, supra. </p><p>CONTRACTS - CONSTRUCTION OF CONTRACTS - CONTRACT TO PERFORM TO SATISFACTION OF OTHER PARTY. - The plaintiff contracted to do the tile work on the defendant's new house. The contract provided that the "work must be satisfactory to the owner." The trial court found that the job was done in a workmanlike manner and was "reasonably satisfactory," though not "satis- </p><p>This content downloaded from on Wed, 21 May 2014 16:09:45 PMAll use subject to JSTOR Terms and Conditions</p><p></p><p>Article Contentsp. 312</p><p>Issue Table of ContentsHarvard Law Review, Vol. 33, No. 2 (Dec., 1919), pp. 133-336Waters: American Law and French Authority [pp. 133-167]Legal Preparation Tested by Success in Practice [pp. 168-197]The Delivery of a Life-Insurance Policy [pp. 198-222]The Limitations upon the Amending Power [pp. 223-235]The Progress of the Law, 1918-1919 Civil Procedure [pp. 236-254]Bills and Notes [pp. 255-280]NotesThe Treaty-Making Power under the United States Constitution. The Federal Migratory Birds Act [pp. 281-287]State Referendum and Federal Amendments [pp. 287-292]State Control over Interstate Bridges [pp. 292-295]Eligibility of Women for Public Office [pp. 295-298]Legal Status of Voluntary Associations [pp. 298-300]Adoption of Admiralty Rules by Common-Law Courts [pp. 300-303]Consideration in Conveyances between Husband and Wife in Fraud of Creditors [pp. 303-306]Presumption of Legitimacy of a Child Born in Wedlock [pp. 306-308]</p><p>Recent CasesAgency. Nature and Incidents of the Relation. Liability of Agent for Interference with a Prospective Sale [p. 309]Bankruptcy. Bankruptcy Act of 1898. Construction of 4 a. Meaning of the Word "Railroad" [pp. 309-310]Bankruptcy. Preferences. Action by Transferee to Recover Proceeds of Property Sold by Trustee [p. 310]Bankruptcy. Property Passing to the Trustee. Unenforceable Claim against the Government [pp. 310-311]Carriers. Limitation of Liability. Termination of Liability. Effect of Provisions of Special Contract [pp. 311-312]Constitutional Law. Interstate Commerce. Control by States. Interstate Bridges [p. 312]Constitutional Law. Making and Changing Constitutions. Federal Amendments. State Referendum [p. 312]Constitutional Law. Treaty-Making Power. Federal Migratory Bird Acts [p. 312]Contracts. Construction of Contracts. Contract to Perform to Satisfaction of Other Party [pp. 312-313]Contracts. Defense of Impossibility. Damages for Breach of an Impossible Contract [p. 313]Contributory Negligence. Imputed Negligence. Husband's Negligence Not Imputed to Wife [pp. 313-314]Equity. Jurisdiction. Protection of Rights of Personality [p. 314]Evidence. Hearsay. Declaration of Mental State Distinguished from Res Gestae [p. 315]Evidence. Presumption of Legitimacy of a Child Born in Wedlock. Quantum of Proof Necessary to Overcome the Presumption [p. 315]Evidence. Proof of Foreign Law. Presumption That the Statutory Lex Loci Is the Same as the Statutory Law of the Forum [pp. 315-316]Executors and Administrators. Rights, Powers, and Duties. Assignment to Residuary Legatee of Right to Enforce Estate's Claim to Contribution [p. 316]Legacies and Devises. Construction. Forfeiture on Condition. Happening of Condition in Testatrix's Lifetime [p. 317]Master and Servant. Workmen's Compensation Acts. Retroactive Effect of an Amendment [pp. 317-318]Master and Servant. Workmen's Compensation. Violation of Statute as Bar to Recovery [p. 318]Quasi Contracts. Money Paid under Duress or Compulsion of Law. Sufficiency of Protest to Permit Recovery of Tax [pp. 318-319]Reformation of Instruments. Reformation of Insurance Policy for Mistake of Fact [pp. 319-320]Restraint of Trade. Contract Not to Engage in Business. Restriction in Use of Stage Name [p. 320]Rule against Perpetuities. Suspension of Ownership. New York Rule [p. 321]Sales. Conditional Sales. Whether Included under Act Regarding Mortgages [pp. 321-322]Sovereign. Telegraph and Telephone Companies. Liability to Suit of Telegraph and Telephone Companies under Federal Control [p. 322]Statute. Construction. Estate Tax of Federal Inheritance Tax [pp. 322-323]Taxation. Property Subject to Taxation. Good Will of a Business [pp. 323-324]Torts. Damages. Nervous Shock from Fright Caused by Spoken Words [p. 324]Trusts. Postponement of Enjoyment of the Interest of a Sole Cestui Que Trust. Merger of Legal and Equitable Estates [pp. 324-325]Waters and Watercourses. Profits Prendre. Right to Take Fish on a Non-Navigable, Non-Tidal Stream [pp. 325-326]</p><p>Book ReviewsReview: untitled [pp. 326-327]Review: untitled [pp. 328-329]Review: untitled [pp. 329-332]Review: untitled [pp. 332-333]Review: untitled [pp. 333-334]Review: untitled [p. 334]Review: untitled [pp. 334-336]</p><p>Books Received [p. 336]</p></li></ul>


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