Popular Law-making
by Frederic Jesup Stimson
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Quia emptores, statute of. Quo warranto, statute of, 1289.

Race legislation as to labor; question. Racial rights, chapter concerning, chapter XVI, question on labor matters. Railroads (see Rates), steam, bonds for voted by cities, counties, etc.; interstate commerce power over rates; hours of labor on. Railways, street, abutters' consent necessary for franchise. Rape, made criminal at common law by statute Westminster I; made a capital offence in 1285; penalty made death in the South as at common law; rigor of the common law preserved. Rates (see Extortion, Discrimination), must be reasonable at common law; of public service companies must be uniform; regulation of generally, chapter VIII, of railways; "granger" laws; by State commissions; clash between State and Federal governments; what are reasonable; of gas, water, light companies, etc.; need not be uniform; modern examples of; reason for regulation of; in foreign countries; railway rate act of 1910; the long and short haul clause. Raw material, laws against export of, common in England. Real property, real estate (see Property). Recall, the, a new reform. Recommendations, of servants, etc. (see Black List), have early origin in England. Referendum (see Initiative), modern movement for; in case of franchise. Reform, movements of, in nineteenth century. Regrating (see Forestalling, Middle Men), first statute against; definition of; of fish and wool forbidden under Henry VIII; of butter and cheese forbidden under Edward VI; of coal forbidden; final definition of; in early Greece by trusts; especially obnoxious in early England. Religion, religious liberty guaranteed first under Cromwell, except as to papists; of Jesus Christ furthered. Religious tests; rights under American Constitution; as to instruction in public schools; as to taxation. Rents in staple towns must be reasonable. Reporters, newspaper, privilege of. Representative government, and the right to law; origin of; peculiar to Anglo-Saxon people; origin of, in England; in America; distrust of. Republican form of government. Reputation, right to. Restraint of trade (see Forestalling, Trusts, Monopoly), general, discussion chapter IX, doctrine of foreshadowed in Magna Charta; origin of doctrine; instance of; still our common law; expression first used in 1436; double damages for, recognized in statute of York; an element of "Trusts"; under the Sherman act; the Massachusetts statute. Retail (see Wholesale). Retailing by countrymen forbidden in towns by statute of Philip. Retainers, feudal, laws against. Revenue bills (see also Money Bills); must originate in lower house, A.D. 1407. Revenue officers may not meddle with the goods of travellers under pain of quadruple damages and imprisonment. Revisions, need of authorized. Rex vs. Crispe, monopoly case. Richard I imposes taxes to pay for crusade. Richard II, legislation of; all his laws declared to be permanent; their repeal declared to be high treason; the following year they were all repealed under Henry IV. Right to privacy (see Privacy). Rights, indefinite. Riotous assemblies, laws against. Riots (see Injunctions), law against under Henry V; suppression of by common-law courts in chancery; use of executive power to suppress, dates from 1414; use of chancery power permitted; law of 1495; punishment of by Star Chamber; act of Edward VI; counties liable for damages in 1285; European law of; Star Chamber's authority over; duty of by-standers. Rivers, pollution of, regulated as early as Henry VIII. Roads (see Internal Improvements). Roman law, distinct in two great principles from English law; individual liberty and law-making by the sovereign; an order to the subject; protest of barons against, A.D. 1383; forbidden to be cited in the courts. Rome, Church of (see Church, Canon Law, Pope), high-water mark of domination over England in 1213.

Sack (see Wine). Sacraments, jurisdiction over in church alone. Sales in bulk prohibited. Sales, uniform law of; sales at less than cost forbidden. San Francisco earthquake, martial law in. Saxon (see Anglo-Saxon). Schools, to be no religious instruction in; appropriations may be divided. Scotchmen banished from England. Scots to depart realm within forty days. Scott, Laura, her report upon child labor. Scutage, the beginning of taxation; tax or money paid in lieu furnishing men-at-arms; replaced military service. Sea, navigation of, free to all English (see Monopoly). Seamen, imprisonment of, statute against under Cromwell. Search, right of, denied. Seduction, injunction issued against; of service; action for. Segregation of races; of sects. Senators, United States, direct election of. Separation, legal (see Divorce); may exist without divorce; of the powers (see Three Functions of Government). Serfs (see Villeins). Servants, regulation of in early England; laws affecting in early England, had to give notice, etc.; regulation of food and clothing. Sewerage (see Drains). Sex legislation, chapter concerning, chapter XVII, limitations in industry; relations formerly the province of the church. Sexual questions (see Woman's Rights, Married Women, etc.), offences made secular crimes. Sherman act (see Trusts), precedent in statute of monopoly; enacted 1890; meaning of; still uncertain. Ships, principle restricting merchants to domestic ships very old. Shirts may not be "pinched". Shoes, long pikes to, forbidden. Signs (see Trades), public, may not be regulated under police power. Silver, payment in, may not be refused. "Single standard" and free divorce. Sins, the province of the church courts; distinction of from crime; legislation against common under James I. Slander, made criminal act at common law by Westminster I; and libel, legislation relating to; of women made a crime. Slavery, in England; distinction between, and labor; thirteenth amendment is self-executing. Smoke, laws against. Socage, free and common, abolished in United States. Socialism (see Anarchism, Individualism), allowable, definition of; those professing may not be naturalized; is it compatible with a republican form of government; helped by women's suffrage movement; municipal. Socialists, may be denied immigration. Society, possible systems of, described. Soldiers and sailors (see Pensions), to be treated free. Southwark, inhabitants of, declared to be thieves, men and women. Sovereign, the king under Norman ideas. Sovereignty, in the legislature; in Parliament. Spain, war veterans of, pensions, etc. Spanish war (see Veterans of) Special courts declared odious. Specific performance of labor contracts. Speech (see Free Speech) Spence quoted. Stage players (see Actors) Stamford, statute of. Standard Oil Trust; legality of. Standard wage (see Wages), principle gives place to modern principle of living wage. Standing armies, origin of; early objections to; forbidden in Bill of Rights; first established in England under Charles II. Staple (see Forestalling), definition of; abolished beyond the seas; generally abolished in 1340; last statute of 1353; extends to wool, leather, hides, and lead; statute of re-enacted in 1354. Star Chamber (see Chancery, Riots) abolished under Charles I. State aid, to railroads; to industries; present questions. State and Federal questions (see Centralization). State legislation, early increase of; the Constitution. State regulation of rates (see Rates). State, general powers of; may not engage in any internal improvements or industry; rights and powers of as to corporations; State socialism, whether compatible with the Constitution. Statute (see Statutes, Common Law), modern notion of; earliest social; why more democratic than the common law, (For special statutes, see their titles) Statute, law, modern importance of. Statute merchant 1285. Statutes, the subject of this book; are comparatively recent; making law a new discovery; declare the law; importance of in modern times; our study sociological; early nature of; early English, what are in force in the United States; began to be in English A.D. 1463; when should be unconstitutional; limitations upon individualism; proper classification of; form of; no authenticated revision usually; present functions; method of enacting; many laws of doubtful authority; lack of official publication; need of scientific draftsmen; reforms recommended; indexing and arrangement; final discussion of the system of statute-making; difficulty of interpreting; their general uncertainty; Statutes of the realm, the earliest sociological statute about 1100; Stevenson, G.T., quoted; Stock certificates, not negotiable; Stock Exchange, rules of, customary law. Street Railways (see Municipal Socialism) Streets, use of, by railways subject to vote of abutters. Strikes (see also Conspiracy), early law of; once unlawful in England; never unlawful in America; modern statutes concerning; European law of; illegal under a lawful wage; participation of employees in; notice of by employers required in modern statutes; lawful in France; use of Federal courts in, Stubbs, on early English legislation. Succession taxes, history of; common, now in all States; Federal tax repealed; may be graded. Succession (see Interstate). Suffrage (see Women's Suffrage, Elections), qualifications for; reforms in; disqualification of public servants; "grandfather clause"; property and qualification legislation. Sugar Trust cases. Sumptuary laws, in early England; statute de cibariis; courses at dinner regulated by law; diet and apparel; statute of A.D. 1463, prescribing apparel; women not to wear hose to the value of more than fourteen pence. Sunday laws, tendency to abolish; barbers may not shave on Sunday. Supplies, seizure by the king forbidden. Sweatshop, definition of; laws regulating; bakeries, cigar, clothing, artificial flowers, etc., trades principally regulated; laws concerning.

Taff Vale case, legislation against. Taft, railway rate bill; court of commerce criticised; Federal incorporation; judicial reforms. Tail (see Entail). Tariff, constitutional objection to; increased cost to the people recognized by statute of 1309. Tariff laws, effect upon engrossing and monopoly; early history of. Taxation (see Taxes), origin of in England; must be by common consent; general taxation first, in Saladin tithe; must be for common benefit; for public purposes; first taxation on personal property in 1188; by common consent omitted from later charters; principle of consent restored in confirmation of charters; a usual method of invading property rights; never direct in England; history of; exemption from as to certain industries; possibly unconstitutional; extent of in the United States; laws limiting tax rate; must be proportional under State constitutions; burden of in United States; double taxation; graduated taxation; commissions to study; as a function of government; final discussion of; graded taxation; income inheritance tax; principles of taxation; bounties. Taxation without representation; the earliest constitutional principle. Taxes (see Betterment Taxes), early, in England paid by furnishing men-at-arms; later transformed into scutage, a money taxation; first voted by Parliament; heavy taxes upon personal property under Henry VII; amount of frequently limited by modern statute; income taxes; assessment and collection of in America; legislation concerning; inheritance taxes; on trades and callings; license common in South; betterment, reason for; double taxation; rate of limited by statute; limited by law in South and West. Telegraph, hours of labor in. Tenures (see Land). Thames, preservation of. Theatrical employment of children, etc.. Threefold necessity, the. Three functions of government, origin of; American co-operation of powers; does not exist in England; in the States. Tips (see Commissions), forbidden; laws against. Tobacco (see Sumptuary Legislation), forbidden to plant in England under Cromwell. Tolls (see Rates), must be reasonable under Magna Charta; under statute Westminster I. Towns, citizens of, first represented in Parliament of 1264 (see Government). Townsend, Meredith, quoted. "Trade Boards Act" of Edward VII. Trades (see Restraint of, Freedom of), withdrawing one's self from (see Boycott, Conspiracy), lawful in individuals but not in combinations; right to early established in England; made generally free under Elizabeth; freedom of extends to the Jews; in more than one commodity forbidden A.D. 1360; law repealed the following year; freedom of triumphantly established in fourteenth century; restrictions begin to disappear under Elizabeth; license for necessary in many States; Trade Disputes Act, the English, 1906 (see Conspiracy); trade guilds (see Guilds) recognized in modern German legislation; licenses for may be required. Trades, men forbidden to use more than one (see Signs); license taxes for; examination for (see Taxation). Trades-unions, once unlawful in England; never unlawful in America; early law of; punishment for joining; early combinations of forbidden; convictions for joining; European law of; Norwich tailors' case; condition not to join made unlawful. Trading corporations, the first. Trading stamps, use of, forbidden. Transfers of stock, laws regulating. Travel, right to. Treason. Trial by jury, origin of; by battle; by compurgation. Truant laws. Trust certificate, unlawful. Trust receipts, laws of. Trusts (see Conspiracy, Monopoly), chapter concerning, chapter IX; origin of common law making them unlawful; at common law; early English statutes relating to; laws against always connected with laws directed against combinations of labor; punishment of by removal of tariff laws; taxation on franchise of; American statutes against unnecessary except to apply common-law principles to interstate commerce; and labor combinations; earliest use of word; invention of; earliest State legislation; the Sherman act; Federal supervision; State laws against; exemption of laborers and agricultural products; as affected by corporation laws; early combinations in Athens; coal, milk, etc.; question of intent; modern legislation largely unnecessary; voting trusts; legislation against in 1890; review of modern legislation; definitions of the trust; State statutes; may not enforce contracts or collect debts; recent laws more intelligent; constitutional provisions against; volume of legislation; the problem analyzed; history and summary. Tyler, Watt, rising of. Tyndale's translation of the Bible under Henry VIII.

Unconstitutional laws (see Constitution), tendency to enact; true reason for. "Unfair competition," modern legislation against; definition of. Unfair list, the right to publish, discussed. Uniform law, commissioners on. Uniform laws, already recommended; as to bills and notes; weights and measures. Uniformity of law, work of commissioners. Union labor (see Trades-Unions); no condition to be made concerning; discrimination against; special privileges of in legislation. United States Industrial Commission, report on trusts. United States senators, direct election of. Universities, State, exist in nearly all States.

Vagabonds, early statutes against; and Idlers; punishment of rogues and sturdy beggars; severe statutes against under Elizabeth. Vessels (see Ships). Veterans, of the Spanish war, to be preferred in civil service in England under Cromwell; in the United States; preference legislation. Victuals, statute of (see Assize of Bread). Villeinage, finally abolished for money compensation; laws mentioned under Elizabeth. Villeins, in early England had no property; early condition of; made free when they seek refuge in towns; manumitted by Henry VIII. Vote, right of employees to, in modern statutes. Voters, qualifications of; property qualifications under Cromwell (see Suffrage).

Wages, early regulation of; highest in early England; fixed by the statute of laborers; must be at customary rate in early England; standard fixed; fixed semi-annually in England; repeated demands to fix by law and continued punishment of extortion; rates of fixed in New York; litigation caused by such legislation; rate of again fixed in 1388; attempt to regulate by law again abandoned, 1427; maximum price again fixed in 1444; again fixed, 1495; most elaborate fixing, 1514; in New Zealand and Austria; in England; in New York, Indiana, etc.; in public work; fixed by town vote; minimum wage in Hawaii; Nebraska and Nevada; forbidden by Louisiana Constitution; claims for preferred in insolvency, etc.; wage legislation in modern times; in towns by vote; of public labor; New York amendment; fixed by modern statutes in England, New Zealand, etc.; Plymouth case; effect of minimum wage laws; time and manner of payment, (see Minimum Wage). Wales, joined to England; statute of. War amendments and their effects. Warehouse receipts negotiable. Warrants, general, may not be employed (see Search, Right of). Watch, duties of. Water (see Municipal Socialism), public control of in arid States. Weavers, statute for relief of. Weights and measures, early laws regulating; standard required by statute of York A.D. 1392; American legislation. Welshmen banished from England. Were, meaning of. Were gild, prototype of modern lynching laws. Wessex, early laws of. Westminster I, first statute of. Westminster III, statute of quia emptores. Wharves, charges regulated in early times. Wheat, price of, regulated, Athens. Whistles, laws against. Whitaker, Dr. F.E., on Athenian corn laws. Wholesale and retail selling recognized as lawful, but not forestalling. Wight, Isle of, to be repeopled with English people. Wilgus, Horace L., on Federal incorporation. William the conqueror, charter to the City of London. Wills, statute of. Winchester, statute of. Wine, or beer, use of never regulated by sumptuary legislation; sweet white wine not to be sold at retail; sweet wine (Spanish?) must be sold at the same price as the wine of the Rhine and Gascony. Witchcraft, first act against under Henry VIII; forbidden by statute of James I. Witenagemot (see also Council), included originally all freemen in England; main function of judicial legislation; little known of in early times; functions of, as a court. Witnesses, number of, limited in criminal cases. Wolstonecraft, Mary, her book discussed. Women, may not practice law; forbidden to read New Testament; might be hanged in early England when men could plead benefit of clergy; suffrage movement, origin of; progress; laws limiting labor of; may not stand; not sell liquor; nor ply street trades; constitutional right to labor; sale of liquor to forbidden; industrial employment of; legislation to protect in industrial matters; their health may be protected by statute; may not work in factories shortly after childbirth; effort to forbid married women from working in factories at all; statutes on employment of in industry; teachers to be paid the same as men (see Married Women). Women's suffrage (see Women), recent progress in; by property owners, etc.; results of discussed; tendency of movement to socialism; votes on matters of finance permitted in some States; constitutional amendments continually defeated; subsidence of agitation over; the right of property owners to vote in money elections. Women's rights, discussed in chapter XVII; in all respects citizens except for voting, holding office, and compulsory service on jury or in the army; may not serve liquor or engage in immoral occupations; may be subject to protective legislation even when over twenty-one; hours of labor may be regulated by law; in property matters same as men; with certain special privileges; political rights; to hold office; female juries; in educational matters; may practice law; may practice medicine; in jails, etc.; are not liable for husband's debts; female labor in England and United States. Wool, early duties on; regulation of trade in; numerous statutes referring to; may not be carried out of England; no clothing made out of England to be worn; trade in made free again; again made a felony to export. Woolsey does not summon Parliament for seven years. Wrecks, definition of by statute of Westminster I; the law of; to be restored to their owners on payment of salvage.

Year Books begin in 1305. York, statute of.


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