The TABLE OF CONTENTS ARTICLES Law of Dead Bodies. Judge Walter B. Jones..... Notes on Alabama Pleadings, II. W. B. Harrison. Notes on Alabama Pleadings, III. W. B. Harrison.. Page 218 67 161 211 3 ..233 Automobiles-Condemnation of-Conditional Sales of.. Automobiles, Operation of-Negligence.. Bankruptcy-Mechanics' Lien-Ala. Code 1923, Sec. 8832 et seq.. Partition-Spouses of Living Tenants as Necessary Parties.. 65000 Decisions! Speaking before the New York Alumni of the Harvard Law School at the New York Bar Association, Hon. Elihu Root, one of our most eminent jurists, stated that during the last five years the Legislatures of this country had enacted 60,000 laws and during the same period the courts of last resort had issued 65,000 decisions. He termed this, "an impossible situation, and one that is growing worse." Furthermore, Mr. Root declared: "People are drifting away from the control of principles, each one doing the best he can to do what is about right in the cases that come up, because THE HETEROGENEOUS MASS OF LAWS AND JUDICIAL DECISIONS HAS BECOME SO GREAT THAT IT IS QUITE IMPOSSIBLE TO MAKE THEM FIT INTO THE ADMINISTRATION OF JUSTICE." This is indeed a problem the solution of which becomes ever more difficult. No wonder the busy lawyer turns to SHEPARD'S CITATIONS for relief, for through this monumental service he is enabled to ascertain, with a minimum expenditure of time and at incomparably low cost, the courts' own interpretation of these thousands of laws and the complete citation history of this labyrinth of decisions. There is no other road that provides so straight a path between two given points as that which is furnished by the SHEPARD HIGHWAY through "the heterogeneous mass of laws and judicial decisions." The working efficiency of your library will be more than doubled by the inclusion of In the consideration of any question relating to regulation, it is essential at all times to keep clearly in mind the fundamental distinction between regulation and management. The right to manage is a property right which inheres in ownership. Under the guise of regulation, the states may not deprive the owners of the property of this right.' Substantially all of the states have enacted laws creating commissions who are charged with certain functions with reference to the regulation of the rates of public utilities. Roughly this regulation, undertaken by these statutes, may be defined as the establishment of general rules to be observed in the transaction of the business of public utilities with the provision of machinery for the enforcement of these rules. The regulation laid down by these statutes as to rates is in effect the same in all of them. Laying on one side the matter of discrimination, what they prescribe is that the rates of public Great Northern Ry. Co. vs. Minnesota ex rel., 238 U. S. 340. Chicago, Milwaukee & St. Paul R. R. Co. vs. Wisconsin, 238 U. S. 491. Banton vs. Belt Line Ry. Corporation, 268 U. S. 413. Missouri ex rel. vs. Southwestern Bell Telephone Co., 262 U. S. 276. Consult also: People ex rel. vs. Stevens, 197 N. Y. 1; 90 N. E. 60. People ex rel. vs. Stevens, 203 N. Y. 7; 96 N. E. 114. Bacon vs. Boston & M. R. R. Co., 83 Vermont 421; 76 Atl. 128. Atlantic, &c. Ry. Co. vs. North Carolina Corporation Commission, 206 U. S. 1, 20. Coplay Cement Mfg. Co. vs. Public Service Commission, 114 Atl. 649; 271 Pa. 58. Public Utilities Commission vs. Springfield Gas & Elec. Co., 125 N. E. 891; 291 Ill. 209, 234. Columbus Gas Light Co. vs. Public Service Commission, 140 N. E. 538 (Ind.) Alabama Great So. R. R. Co. vs. Public Service Commission, 97 So. 226; 210 Ala. 151. Wisconsin-Minnesota Light & Power Co. vs. R. R. Commission, 197 N. W 359; 183 Wis. 96. |