other error committed by which the defendant has been denied a fair trial according to law.

Sec. 24. THE PROGRESS OF A CASE THROUGH THE COURTS. Below is given in a very general way a view of the progress of a civil case through the law courts.

(a) Service on defendant.

It is essential that the defendant be brought into court to answer to plaintiff's claim. He may voluntarily file his appearance, which brings him before the court without further action; but unless it is a friendly suit ordinarily he must be summoned in. A process therefore issues at plaintiff's request known as a summons, which is served by the sheriff (in United States Courts he is called the Marshal and in some courts he is called the Bailiff), notifying the defendant to appear. This must be served upon the defendant personally in ordinary law cases, by reading it to him and leaving a copy with him. In some cases involving property within the jurisdiction of the court, service may be had by publication if defendant cannot be served personally. Unless there is an appearance, or the service that the law requires, the court is without jurisdiction to hear the cause, and any proceedings thereafter are void.

(b) The pleadings.

1. Plaintiff's statement. The plaintiff must set forth in writing the general facts upon which he bases his claim. At common law this is called a declaration, and there were a great many technical rules that had to be observed in drafting it. Under reformed procedure a simplification and greater liberality has been attempted, and the statement is now frequently called a Statement of Claim. (In

equity the statement of the case is called a Bill of Complaint.)

2. Defendant's statement. The defendant, being properly summoned in, must answer, within the time prescribed by the rules, and his pleading is called in common law pleading a Plea (in some states, an answer). If he is convinced that plaintiff's statement is insufficient as a statement of a case, he may demur, that is, allege that the statement, taken in its most favorable aspect, does not make out a case. The court will pass upon this and either overrule it and order defendant to answer, or sustain it, and allow plaintiff to amend, unless it appears his case is such that amendment cannot cure it. In the same way plaintiff may demur to the defense.

The defense under reformed procedure has likewise been simplified.

3. Plaintiff's reply. Plaintiff may reply to the plea if it calls for reply. This is called the Replication in common law pleading. If no reply is necessary, plaintiff merely joins issue; at common law, by filing a similiter.

(c) The trial.

The case being put at issue, now proceeds to trial. In courts of law either side is entitled to a jury trial (this is not true in equity cases). Plaintiff puts in his evidence to support his declaration or statement of claim. Defendant puts in his evidence sustaining his defense. Questions of the law, the court decides. Questions of fact are decided by the jury under the instructions of the court as to the law governing the facts. If both sides waive a jury, the court acts also as arbiter of the facts.

The jury's decision is known as a verdict.

The decision of the court where there is no jury is called a finding.

The formal pronouncement by the judge upon the verdict or finding is called a judgment.

(d) Appeal.

The defeated party may appeal, as we have discussed in another connection.

CHAPTER 5.

ADMINISTRATIVE BOARDS AND COMMISSIONS.

Sec. 25. IN GENERAL.

There have been created in the federal government and in the state governments, boards and commissions of considerable importance in the administration of certain laws. These boards and commissions do not constitute a part of the judicial system. They may have hearings, make investigations, subpoena witnesses, and enter decrees, and the conduct of an investigation before them may have the appearance of the trial of a cause, but they are not judicial courts, except in a very limited sense, and generally their final orders are appealable to the regular courts for final decision.

The chief boards and commissions for the administration of the law under the federal acts are:

(1)

The Interstate Commerce Commission;

(2) The Federal Reserve Board;

(3) The Federal Trade Commission;

(4) The Federal Land Office.

The chief boards under the state acts are:

(1) Public Utility Commissions;

(2)

(4)

Employer's Liability Commissions;

Commissions to regulate or revise matters of taxation.

The Insurance Commission;

The Securities Commission (Blue Sky Law); (6) The Board of Pardons;

(7) The Licensing Boards (law, medicine, dentistry, accounting, etc.);

(8) The Corporation Commission.

Sec. 26. THE INTERSTATE COMMERCE COMMISSION. The Interstate Commerce Commission is a body created to inquire into the management of the business of interstate common carriers, and to regulate such business.

The Interstate Commerce Commission is an administrative body with quasi judicial powers consisting of seven members, appointed by the President by and with the advice and consent of the Senate. It was created to inquire into the business of common carriers doing an interstate business, and to that end might subpoena witnesses and require the production of books and papers. It did not originally have power to fix maximum rates but that power was given in 1906 (The Hepburn Act). (See "The Rise of the Interstate Commerce Commission," by Bruce Wyman, in 24 Yale Law Review, 529, for interesting history of the commission showing the amendments from time to time adding to the powers and converting it from a body of inquiry into one with quasi judicial powers.)

Sec. 27. THE FEDERAL RESERVE BOARD. The Federal Reserve Board is a board or commission created in connection with the Federal Reserve Banking System to maintain a supervision over and to issue regulations governing the Federal Reserve Banks.

The Federal Reserve Board, consisting of seven members, was created by the Federal Reserve Act, enacted 1913, as a part of Federal Reserve Banking System to maintain an advisory and administrative supervision over Federal Reserve Banks. It has power to examine the books and accounts of the Federal Reserve banks, may