280 HARVARD LAW REVIEW. tract, both parties, according to the great weight of authority, would thenceforth be bound to each other. Story, Agency, 9th ed., § 244, 445. If, however, plaintiffs had not elected to affirm at the time defendants first refused to proceed, the case presents the interesting problem discussed in 9 Harv. Law Rev. 60. On principle it should then be too late for ratification to take effect. See contra, Bolton Partners v. Lambert, 41 Ch. D. 295. The fact that the principal case is one of undisclosed principal should make no difference in the decision. Carrieks — Location of Station — Jurisdiction. — Held, thz-t in the absence of any legislative authority a court of general jurisdiction may compel the location of a union depot, if public convenience so demand. Concord 6^ Maine R. K. v. Boston tSr' Maine A'. A"., 41 Atl. Rep. 263 (N. H.). It is admitted that the public has a general legal right to demand reasonable ac- commodation from the carrier. The conflict, one side of which is represented in the principal case, arises over the question as to whether the public has a specific legal right, enforceable by the courts, to have the carrier act in a particular way. It can hardly be said that the decisions which subject the carrier to such liability are sounder, on legal theory, than those which exempt him from it, but the former cases seem best to comport with public policy. Accordingly, on the matter of the establishment of stations, which is but a special aspect of the broader question, it is to be hoped that the ]Drincipal case will be followed. People v. Chicai^o, etc K K. Co., 130 111. 175; State V. Republican Valley R»R. Co., 17 Neb. 647, accord. The opposite view is taken in Atchison, etc. R. R. v. Denver, etc. R. R., 1 10 U. S. 667 ; People v. A^cw York, etc. R. R. Co., 104 N. Y. 58. Carriers — Right to Discriminate against Hackm? n. — A railroad company granted the exclusive jrivilege of plying the business (.i hackman upon its premises to one person, and forbade all others the use of its grounds for similar purposes. Held, that the regulation was a reasonable one, and an injuriction would be granted against any one violating it. N. V., N. If. &> H. R. R. Co. v. Scovill, 41 Atl. Rep. 246 (Conn). In Old Colony R. R. Co. v. Tripp, 147 Mass. 35, a similar decision was reached, but that case has found support in no other jurisdiction. McConnell v. Pedigo, 92 Ky. 465. No authorities are cited by the court in the principal case as sustaining the position taken. That reason, as well as authority, is opposed to the decision is shown in Mon- tana Ry. Co. V. Langloiis, 9 Mont. 419. Regulations which discriminate between dif- ferent hackmen should not be upheld, because they foster monopolies, inconvenience passengers, and permit the carrier to profit unjustly at the expense of the public. Conflict of Laws — Marriage on the High Seas. — i^Ai', that when parties, simply to avoid the law of their domicile, go by boat outside the three-mile limit and there go through the forms of a marriage, the marriage is void. N^orman v. Normati, 54 Pac. Rep. 143 (Cal, Sup. Ct.). See Notes. Contracts — Statute of Frauds — Performance within a Year. — Defend- ant received a horse from the plaintiff and agreed orally to keep it a year in return for its use. At the end of the year defendant claimed a lien for keeping the horse. In an action of trover, held, that plaintiff can recover. Martin v. Batchelder, 41 Atl. Rep. 83 (N. H.). The defendant contended that, as the contract was not to be performed within a year, it came within the section of the Statute of Frauds providing that such contracts should be in writing. However the court held that, as it would have been fully per- formed within a year had the horse died within that time, the statute does not apply. This is in accord with the rule of interpretation that where by any possibility the con- tract may be performed within a year, although such a performance is not within the contemplation of the parties, the statute does not apply. This construction was adopted in two early English cases. Peter v. Compton, Skin. 353; Anon., i Salk. 280. Later a contrary result was reached in Reynolds v. Cowper, Vin. Abr., Tit., Contract and Agree- ment, 524; but the law was finally settled in accord with the early cases. The same construction has been adopted in this country. Peters v. Inhabitants of IVestborotigh, 19 Pick. 364. The great majority of contracts, although not intended to be performed within a year, may by some contingency be completed within that time. The rule in the principal case practically annuls the statute in all such cases, but it is generally law. Criminal Law — Attempt to Rape — Presumption of Incapacity. — Held, that a boy under fourteen years of age may be convicted of an attempt to commit rape. Davidson v. Commonwealth, 47 S. W. Rep. 213 (Ky.). The case is contrary to the weight of authority. The English cases and the majority of those in America hold that the law conclusively presumes that a boy under fourteen years of age is incapable of committing rape, and therefore can be convicted neither
