PREFACE There seems not much to be added by way of preface to the work I have produced in the within pages, beyond what is set forth in the introductory chapter thereto. That, as a forecast of what was to be, explains the general theory of the work. Additional consultation of the authorities relied on, here and there, presented occasion for discussion of principles they treated, and of illustration in application to new things and new forces in our later conditions than obtained at the common law. Also, it is to be noticed that there is connected with decision in the application of the principle of devotion of private property to public use, making it and business subject to regulation, additional reason in police power for the enforcement of such principle. This is endeavored to be shown. There is an intermingling of this principle and this power difficult to formulate. Each case may be said to depend upon its peculiar facts, remembering always the protection afforded by constitutional guaranty to private property against practical confiscation. As to this, however, it is to be noted, that when a public utility holds itself out, by charter or otherwise, to carry on a particular business, it has absolute duties to perform at whatsoever cost this may entail. While it may be, that the great case of Munn v. Illinois, 94 U. S. 113, and its acceptance by the States, settled the basic principles discussed, yet the variety of situations in which it has been invoked presents an unfolding study of its limitations in application. Especially is this true in so far as the power under the commerce clause of our Federal Constitution is concerned. This work is presented to the profession in the hope that, in such a live subject as is treated, its members may find a fertile field for professional investigation and practical suggestion to practitioners and to lawyers in the higher sense of that term. The treatment along common law lines is upon this view. The work has embraced decision by State and Federal courts closely down to the time the book has gone to press, and in some instances even after this time. As official reports were not in all such cases obtainable, resort has been had to the National Reporter System-some cases being even too late for the bound volumes therein, and advance weekly sheets are relied upon. In citation I have, where possible, made use of the various forms of reports, whether eclectic or regular, in which cases have appeared-thus the trinity series, American Decisions, American Reports and American State Reports, Public Utility Reports (P. U. R.), L. R. A., L. R. A. (N. S.), and L. R. A. as currently appearing. Also reference in citation has been made to American and English Annotated Cases and Negligence and Compensation Cases. It is to be noted, also, that the page references are omitted in 61 L. Ed. (the Co-operative Edition), but as it is certain that this edition contains all the cases down to the end of October, 1916, term of the U. S. Supreme Court, by the title of the case, reference easily may be verified in use. Trusting that the work may be of some assistance to my brothers in the profession, I send it on its way. NEEDHAM C. COLLIER. St. Louis, Mo. Table of Contents EASEMENTS IN THINGS OF COMMON RIGHT 1. Monopoly against freedom of trade. 2. Exclusive right not necessarily monopoly. |