but only pays for injury in its own class. If larger funds are raised by the first assessment than are necessary, as shown by the results after the first three months, assessments are suspended until more money is needed.

The nomination and election of judges of courts of record, original and appellate, are to be on non-partisan judiciary ticket. The smaller cities may govern themselves under the commission plan.

A public service commission of three persons having general supervisory and regulating power over all public service companies is created on the lines of the New York legislation on that subject.

A case may be removed from trial before a judge who is charged by affidavit to be prejudiced against a party or an attorney.

Forest protection by fire wardens and forest rangers is provided.

WEST VIRGINIA.

An act provides for an amendment of the law prohibiting the manufacture and sale of intoxicating liquors, and for a vote of the people to be taken at the general election to be held in 1912 ratifying the same.

A law against pandering was adopted and also a law against pimping.

An act amends the Code to pleadings in causes, to speed the action.

WISCONSIN.

Laws of general interest are reported as follows:

An Employers' Liability or Industrial Insurance Law, modelled as far as it was thought practicable after the law of Germany. It is optional with the manufacturer whether he operates under the law or not. If he elects to ignore it as he may he is deprived of the defense of assumption of risk and fellow servant rule. If he operates under the law his liability for accidents is matter of contract under the law and it is supposed that litigation in court will be wholly unnecessary.

A Corrupt Practices Act carefully limiting the amount of lawful expenditure and specifying the lawful purposes. It is not materially different from the best and most thorough-going measures on that subject.

A law providing women's suffrage has been adopted, but it is made subject to a referendum. If it be adopted at the general election of 1912 by a majority vote of the people it will then go into effect.

The necessary joint resolution has been adopted by both houses providing for the submission to the people of a constitutional amendment permitting the legislature to enact laws for the initiative, referendum and recall.

WYOMING.

A joint resolution submitting to the people an amendment of the constitution establishing the initiative and the referendum. An act providing for the nomination of candidates for public office by direct primary.

ACTS OF THE THIRD SESSION OF THE 61ST CONGRESS. Chapter 33.-Authorizing clerks of the Circuit Courts of Appeal to appoint a deputy.

Chapter 47. To diminish the expenses of proceedings on appeal and writs of error. This act requires appellant or plaintiff in error to the U. S. Circuit Courts of Appeal to print and file twenty-five copies of the record, one of which is to be certified by the clerk below, and eliminates the written or typewritten copy. In case a cause is taken to the U. S. Supreme Court, copies of the printed record filed in the lower court are transmitted to the Supreme Court and used without cost in making up the record in that court. The effect of this act is to do away with double transcripts and double printing and the attendant costs.

Chapter 103.-Compelling common carriers in interstate commerce to equip locomotives with safe and suitable boilers and appurtenances and providing a system of inspection for such boilers and appliances.

Chapter 105.-Providing for the purchase or erection in foreign countries of embassy, legation and consular buildings.

By this act the Secretary of State is authorized to acquire in foreign countries such buildings for the use of the diplomatic and consular establishments of the United States, and to alter, repair and furnish the same; such buildings to be used both as residences of diplomatic officials and for offices.

Chapter 113.-An act amending Section 5 of the Trade Mark Act of February 20, 1905, so as to permit the registration of the name or part of the name of the applicant.

Chapter 114.-To authorize United States marshals and their chief deputies to administer oaths to persons presenting to them claims and accounts for payment.

Chapter 186.-Giving the consent of the Congress to each of the several states in the union to enter into agreements or compacts with any other state or states for the purpose of conserving the forests and the water supply of the states entering into such agreement or compact.

This act makes an appropriation to enable the Secretary of Agriculture to co-operate with any state or group of states in the protection from fire of the forested water-sheds of navigable streams. It further makes, for the fiscal year ending June 30, 1910, an appropriation of $1,000,000, and, for each fiscal year thereafter, until June 30, 1915, an appropriation of $2,000,000, for use in the examination, survey and acquirement of lands located on the headwaters of navigable streams. The act further creates a commission to be known as the "Natural Forest Reserve Commission" to purchase such lands; said lands to be held and administered as national forest lands.

Chapter 187.-Protecting the dignity and honor of the uniform of the United States by making it a misdemeanor for the manager, proprietor or employee of any theater or other public place of entertainment in the District of Columbia, or in any territory or insular possession of the United States, to make any discrimination against any person lawfully wearing the uniform of the United States in any branch of its service.

Chapter 231.-To codify, revise and amend the laws relative to the judiciary.

ACTS OF THE EXTRA SESSION OF THE 62D CONGRESS.

Congress was still in session when this report was made. The only acts of note which had become law were the following:

Act No. 3.-An act to promote reciprocal trade relations with the Dominion of Canada, known as the "Reciprocity Act."

Act No. 5.-An act for the apportionment of Representatives in Congress among the several states under the 13th Census, fixing the membership of the House of Representatives after the 3d day of March, 1913, at 433 members.

An act to provide for the publicity of contributions for the purpose of influencing the elections at which Representatives in Congress are elected. This acts prohibits any candidate for Representative from giving, contributing, expending, using or promising any sums in the aggregate exceeding $5000, in any campaign for his nomination and election. A Senator is similarly limited to $10,000. Sworn statements of all expenditures must be filed with the Clerk of the House of Representatives at Washington by candidates for Congress, and with the Clerk of the Senate by candidates for the Senate, not less than ten nor more than fifteen days before the time for holding any primary election or nominating convention, and not less than ten nor more than fifteen days before the day of the general or special election at which the person is to be elected.

ANTI-TRUST LEGISLATION AND LITIGATION.

ANNUAL ADDRESS BY

WILLIAM B. HORNBLOWER,

OF NEW YORK.

Twenty-one years ago Congress passed the so-called "Sherman Anti-Trust Law."

This designation of the law is a misnomer. The law as it stands is not attributable to Senator Sherman, nor is the law properly called an "anti-trust law.”

Senator Hoar says in his Autobiography that this law is called the Sherman Act "for no other reason that I can think of except that Mr. Sherman had nothing to do with framing it whatever" (Vol. II, p. 363).

The word trust acquired an unenviable prominence in the eighties and became the familiar and common expression for a combination of competing interests under one management. Today, and for many years past, the so-called trust in its original sense has become rare, but the expression survives and has assumed a generic significance as indicating and connoting every form of combination of competing interests. The original trust arrangement was, as will be remembered, an arrangement whereby a number of competing manufacturers, individual or corporate, while retaining their individual or corporate identity and their individual or corporate ownership of their respective properties, put into the hands of trustees their respective interests, the trustees being clothed with the right to dictate to the respective competitors the terms on which they should compete, the amount and character of their output and the prices at which the output should be sold. The term trust soon became a term of opprobrium and has so remained. The large combinations of capital which now exist in various branches of industry have inherited the opprobrium attaching to this term. To call a