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Popular Law-making
by Frederic Jesup Stimson
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The principle of imposing taxation not for revenue, but for some ulterior or ethical purpose, such as the destruction of swollen fortunes, is liable to constitutional objection in this country, though the courts may not look behind the tax to the motive, unless the latter is expressed upon the face. For this reason, the present corporation tax, on its surface, is imposed solely for the purpose of raising revenue, though in debate in Congress it was advocated mainly for the object of bringing large corporations under Federal examination and control.

The last matter relating to taxation, that of bounties, we have discussed in chapter VII also. State aid bonds, or bonds of counties, cities, and towns, issued to encourage industries, raise a question far more complex than the simple bounty. Such legislation has, however, practically ceased throughout the country, except in the form of exemption from taxation. It has been recognized by a long line of decisions that it is constitutional to grant such aid to railroads, but it may be questioned in almost any other industry. A mere exemption from taxation, especially for a certain number of years, rests on a stronger constitutional basis. Many of the Southern States have recently passed laws exempting manufacturing corporations, etc., from taxation for a definite number of years, and such provisions are found in one or two State constitutions. When they only rest upon a statute, however, they are always at least litigable at the suit of any tax-payer. So, bonds issued by the city of Boston under a statute expressly authorizing them to enable land-owners to rebuild after the great fire, were held to be void. A Federal loan was proposed to raise money to lend to the inhabitants of San Francisco to rebuild after the earthquake, but failed of enactment. It will be remembered that the States have very generally no power to engage in internal improvements (see above). A fortiori, therefore, they can hardly loan money or credit to private interests be they never so much for the general benefit. The difficulty of testing all such laws has been adverted to, at least in the case of taxation. For that purpose Massachusetts has a wise law providing machinery by which such matters may be contested upon the action of any ten tax-payers.

There are three great questions before us in the immediate future—the negro, local or self government, and taxation, which last is the chief problem of city and town government.

The world has never before tried the experiment of municipal government, where those who have the local vote do not generally pay the local taxes.



XX

FINAL

One would suppose that a democracy which believes in the absolute panacea of law-making would take particular pains with the forms of its legislation, to have its statutes clear, in good English, not contradictory, properly expressed and properly authenticated. You would certainly suppose that the people who believe that everything should be done under a written law would take the greatest pains to see that law was official; also, that it was clear, so as to be "understanded of the people"; also, that it did not contain a thousand contradictions and uncertainties. When our—I will not say wiser, but certainly better educated—forefathers met in national convention to adopt a constitution, one of the first things they did was to appoint a "Committee on Style." It is needless to say that no such committee exists in any American legislature. You would suppose they would take pains to see that all the laws were printed in one or more books where the people could find them. This is not the case in New York or in many of our greater States. You would also suppose that when they passed another law on the same subject they would say how much of the former law they meant to repeal, but in many States that also is not done. It would probably be too much to hope that they should not confuse the subject with a new law on a matter already completely covered; but the form of their legislation should be improved at least in the first three particulars I have mentioned.

What is the fact? The secretary of one new State reports that the laws, as served up to him by the legislature, are "so full of contradictions, omissions, repetitions, bad grammar, and bad spelling" that it has been impossible for him to print them and make any sense; the bad grammar and the bad spelling, at least, he has, therefore, presumed to correct. But what should surprise us still more is, that in very few of our States is there any authentic edition of the laws whatever, and quite a number do not publish their constitutions!

The worst condition of all is found in the national legislation of Congress, until very recently in the great State of New York, and in those States which have adopted the code system generally. I do not say this as an opponent of general codes, but I am constrained to note as a fact that those States are the ones which have their legislation in the worst shape of any. The charm of the statute theory is that the half-educated lawyer or layman supposes he can find all the laws written in one book. Abraham Lincoln even is said to have had the major part of his "shelf of best books" composed of an old copy of the statutes of Indiana, though I can find no traces of such reading in the style of his Gettysburg address. But how far is this democratic claim that the laws of a State are all contained in one book borne out by the facts?

Of our fifty States and Territories only Alabama, Arizona, the District of Columbia, Connecticut, Delaware, Maine, Maryland, Massachusetts, Montana, New Hampshire, New York (partially), North Carolina, Rhode Island, South Carolina, Vermont, and Wisconsin (sixteen States) have any official revision or "General Laws"; that is to say, one or more volumes containing the complete mass of legislation, up to the time of their issue, formally enacted by the legislature. A number of other States have what are called "authorized revisions" or authorized editions of the law. This phrase I use to mean a codification by one or more men (usually a commission of three) who are duly appointed for the purpose, under a valid act of the State legislature, but whose compilation, when made, is never in form adopted by the legislature itself. Leaving out the constitutional question whether such a book is in any sense law at all—for in all probability no legislature can delegate to any three gentlemen the power to make laws, even one law, much more all the laws of the State—leaving out the constitutional question. It is very doubtful how far such compilations are reliable, although printed in a book said to be authorized and official, and held out to the public as such. That is to say, if the real law, as originally enacted, differs in any sense or meaning from the law as set forth in this so-called "authorized publication," the latter will have no validity. Indeed, some States say this expressly. They provide that these compilations, although authorized, are only admissible in evidence of what the statutes of the State really are—that is to say, only valid if uncontradicted. It was impossible to correspond with all the States upon this point—if, indeed, I could have got opinions from their respective supreme courts, for no other opinion would be of any value. The compilation of the State of Arkansas says, somewhere near its title-page, that it is "approved by Sam W. Williams." It does not appear who Sam W. Williams is, what authority he had to approve it, or whether his approval gave to the laws contained in that bulky volume any increased validity. This is a typical example of the "authorized" revision, and this is the state of things that exists in such important States as Arkansas, California, Colorado, Florida, Hawaii, Idaho, Iowa, Kansas, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Oregon, South Dakota, Tennessee, Utah, Virginia, and Wyoming (twenty in all).

Before leaving these States, which do have some form of "revised statutes" or complete code—and be it remembered that I am never here speaking of annual laws, for however bad their form and the form of their publication, they are usually, at least, official—it will be interesting, and, I think, throw further light on the subject, to cull some passages from the laws of States having such "authorized revisions," to show how far their real authority extends. The general statutes of 1897 of the State of Kentucky say on their title-page that they are an authorized compilation approved by the Supreme Court, but the form of approval of the Supreme Court of Kentucky runs as follows: "Although we consider this duty not lawfully imposed upon us," they say that, so far as they have observed, they "detect no errors in the compilation and it seems to have been properly done." Of how much value such approval would be in case there turned out to be a discrepancy between the compilation and the original statute, I leave to the lawyers to judge. The compiled laws of New Mexico of the same year, made by the solicitor-general, contain an amusing statement under his own signature, that he believes "a large part of the laws he there prints are either obsolete or have actually been repealed by certain later statutes," but he, as it were, shovels them in, in the hope that some of them may be good!

The commissioners of the State of North Dakota go still farther. Their code of 1895 bears a statement that it is, by authority of law, "brought to date" by the commissioners, who go on to say that they have compared the codes of other States and have added and incorporated many other laws taken from such codes of other States, apparently because the commissioners thought them of value! One must really ask any first-year student of constitutional legislation what he thinks of that statement, not only of its constitutionality, but of its audacity. Finally, the State of South Dakota says, in its statutes of 1899, what I quoted at the beginning—that "all the laws contained in the book are to be considered as admissible in evidence," but not conclusive of their own authenticity or correct statement.

We now come to the third, and, from the point of view of the believer in statutes, probably the worst class of all. That is to say, States which have no official or authorized compilation whatever and which rely entirely upon the enterprise of money-making publishers to make a book which correctly prints the laws, and all the laws, of the State in question. For one State, at least, such a compilation was made by a few industrious newspaper correspondents at Washington! The States and Territories that are in this cheerful condition are, as I have said: New York (in part) the Territory of Alaska, California, Colorado, Illinois, Indiana—that is to say, there has been no official revision since 1881 and everybody, in fact, uses a privately prepared digest—Louisiana, Michigan, Minnesota, Mississippi, Ohio, Pennsylvania, Washington, and West Virginia (fourteen in all). Besides this, there are other States such as Wisconsin and Indiana, already mentioned, where there is no official recent revision, so that everybody depends upon a private compilation, which is the only one procurable.

So much for the authenticity of the books themselves which contain the laws upon which we all have to depend. Now, coming to the form of the laws. As I have already remarked, there is no committee on style. There is no attempt whatever made at scientific drafting. To give an example of what difference this may make in mere convenience, it is only a few weeks since, in Massachusetts, a chapter of law to protect the public against personal injuries caused by insolvent railway and street railway companies was drawn up by a good lawyer, and contained between twenty and thirty sections, or about three pages of print. It was brought to another lawyer, certainly no better lawyer, but a legislative expert, who got all that was desired into one section of five lines. There is no committee on style, there is no expert drafting. The case of the recent Massachusetts statute declaring the common law to be the common law, and therefore jeopardizing the very object of the statute, will not be forgotten (see p. 188 above). There are certain definite recommendations I should like to make.

First, adopt the provision that "no statute shall be regarded as repealed unless mentioned as repealed, and when a law is amended, the whole law shall be printed as amended in full." This would acquaint the legislature with the law already existing, before they proceed to change it. Next provide that all laws shall be printed and published by a State publisher and the authenticity of all revisions be duly guaranteed by their being submitted to the legislature and re-enacted en bloc, as is our practice with revisions in Massachusetts and some as other States. Third, the local or private acts should be separated from the public laws, and they might advantageously even be printed in a separate volume, as is done in some States already. But who shall determine whether it is a private, local or special act, or a general law? I can only answer that that must be left to the legislature until we adopt the system strongly to be recommended of a permanent, preliminary, expert draftsman. Finally, no legislation must ever be absolutely delegated. That is to say, even if a revision is drawn up by an authorized commission, their work should be afterward ratified by the legislature. It is said, I think, that the constitution of Virginia, drawn up by a constitutional convention, was never ratified by the people. If so, there is a grave constitutional doubt whether it or any part of it may not be repealed at any time by a simple statute. But can a constituent body of the mass of the people, the fundamental and original political entity of the Anglo-Saxon world, be forbidden from delegating its legislative power, as its representatives themselves are forbidden?

The last matter, that of arrangement, order of printing, and form of title, is so directly connected with that of indexing that I shall treat the two things together. Now, there are three different methods of arrangement, or lack of arrangement, to be found in printing the laws of our forty-six States and four Territories, both in the revisions and in the annual laws. The revisions, however, are more apt to have a topical arrangement, and to be divided into chapters, with titles, each containing a special subject and arranged, either topically, or, in some States, even so intelligent otherwise as are Pennsylvania and New Jersey, arranged with the elementary stupidity of the alphabetical system. I say, stupid; when, for instance, you have a chapter on "Corporations," no one can tell whether the legislature or compilers are going to put it under "C" for corporations, under "I" for incorporations, or under "J" for joint-stock companies. The alphabetical system of arrangement is the most contemptible of all, and should be relegated to a limbo at once. The annual laws, of course, are much less likely to have any arrangement whatever. Passed chronologically, they are more apt to follow in the order of their passage.

Now these systems as we find them are as follows: in nearly all States public and private laws are lumped together, although in a few they are indexed separately. Most of the States to-day, including all the "code" States, adopt the topical system of arrangement, as, indeed, must be the case in anything that might, by any possibility, be called a code, and even a general "revision" of the statutes will naturally fall into chapters covering certain subjects. A few States, as I have said, cling to the crude alphabetical system, and quite a number have no discernible system whatever. In some States the annual laws are arranged by number, in some by date of passage, and in some apparently according to the sweet will of the printer. In those States which do not arrange them or entitle them by date of passage we have to depend on the crude and dangerous system of citation by page. Acts of Congress are sometimes cited by date of passage, sometimes more formally by volume and number of the Statutes at Large, and more often than either, probably, by the popular name of the statute, such as the "Sherman Act," the "Hepburn Act," or the "Interstate Commerce Law."

It seems to me we should recommend one system. That for the codes or general revisions should certainly be topical. That of the annual laws may either be topical or chronological, but the statutes, in whatever order they are printed, should be numbered and cited by number. No alphabetical arrangement ever should be permitted.

As to indexing we should urge upon State legislatures, secretaries of State, and official draftsmen (when we get any) that the very excellent system contained in the New York Year Book of Legislation should be adopted for all volumes of State laws. It is as bad for the index to be too big as to be too little, and it does not follow that the good draftsman is a good indexer. The index to our Revised Laws of Massachusetts is contained in one large separate volume of 570 double-column pages. To look for a statute in the index is just about as bad as to look for it in the revision itself. The most important point of all is the proper choice of subject titles. Laws should be indexed under the general subject or branch of the science of jurisprudence, or the subject-matter to which they belong, not too technically and not too much according to mere logic. For example, any lawyer or any student of civics who wished to learn about the labor laws of a State, whether, for instance, it had a nine-hour law or not, would look in the index under the head of "Labor." Labor has become, for all our minds, the general head under which that great and important mass of legislation concerning the relation of all employers and employees, and the condition and treatment of mechanical or other labor, naturally falls. But if you search in our elaborate index of Massachusetts for the head of "Labor" you will not find it. If you look under "Employment of Labor" you will find it, but you cannot be certain that you will find all of it, and you will find it under so many heads that it would take you quite ten or fifteen minutes to read through and find out whether there is an "hours-of-labor" law or not. On the other hand, purely technical matters, such as "Abatement" are usually well indexed, because their names are what we call "terms of art," under which any lawyer would look.

But, after all, it does not so much matter what system we adopt as long as it is the same system. At present I know of nothing better than the forty heads contained in the "Principal Headings" of the New York State Library Index, though I should like to change the names of a few. For instance, "Combinations or Monopolies" is not the head to which the lawyer would naturally look for statutes against Trusts. The word "trust" has become a term of art. If not put under "Trusts" it should be under "Restraint of trade" or "Monopolies," but the word "combination" is neither old nor new, legal nor popular. A combination is lawful. If unlawful, it is not a combination, but a conspiracy.

The most important statute of the United States is perhaps the most horrible example of slovenliness, bad form, and contradiction of all. The "Hepburn Act" is the amended Interstate Commerce Act, and is printed by Congress in a pamphlet incorporating with it quite a different act known as the Elkins Act, besides the Safety Appliance Act, the Arbitration Act, and several others. We all remember under what political stress this legislation was passed, with Congress balking, the senators going one way, the attorney-general another, the radical congressmen in front, and the president pushing them all. It is easily intelligible that such a condition of things should not tend to lucid legislation, particularly when an opposing minority do not desire the legislation at all, and hope to leave it in such a shape as to be contradictory, or unconstitutional—or both. (This has been intentionally done more than once.) All of it a mass of contradictions or overlaying amendments, the first important part of it which came under the scrutiny of the Supreme Court only escaped being held unconstitutional by being emasculated. Its other clauses have yet to face that dreaded scrutiny. Its basic principle has yet to be declared constitutional, while the only principle which has proved of any value was law already. This wonderful product of compromise starts off by saying "Be it enacted, etc., Section I as amended June 29, 1906." It begins with an amendment to itself. It does not tell you how much of the prior law was repealed, except upon a careful scrutiny which only paid lawyers were willing to give. Upon the old Interstate Commerce Act of 1887, after quoting it substantially in full, it adds a mass of other provisions, some of which are in pari materia, some not; some contradictory and some mere repetitions. It amends acts by later acts and, before they have gone into effect, wipes them out by substitutions. It hitches on extraneous matters and it amends past legislation by mere inference. Like a hornet it stings in the end, where revolutionary changes are introduced by altering or adding a word or two in sections a page long, and it ends with the cheerful but too usual statement that "all laws and parts of laws in conflict with provisions of this act are hereby repealed." As a result no one can honestly say he is sure he understands it, any more than any serious lawyer can be certain that its important provisions are any one of them constitutional. And that huge statute with sections numbered 1, 2, 5, 16, 16a, etc., with amendments added and substituted, amended and unamended, is contained in twenty-seven closely printed pages. I venture to assert boldly that any competent lawyer who is also a good parliamentary draftsman could put those twenty-seven pages of obscurity into four pages, at most, of lucidity, with two days' honest work. By how little wisdom the world is governed! And how little the representatives of the people care for the litigation or trouble or expense that their own slovenliness causes the people! For the necessity of political compromise is no excuse for this.

I therefore urged before the National Association of State Libraries, at their annual meeting of 1909, that they should use their influence with the various State governments at least—"1, that all revisions be authenticated, authorized, and published by the State; 2, that the annual laws be separated, public from private, and be printed by numbered chapters arranged either chronologically or topically; 3, that the indexes be arranged under the forty general heads used by the New York State Library in its annual digest, with such additional heads as may, perhaps, prove necessary in some States, such as, for instance, Louisiana, which has subjects and titles of jurisprudence not known to the ordinary common-law States; 4, that the constitutions be printed with the laws; 5, that every State, under a law, employ a permanent, paid parliamentary or legislative draftsman whose duty it shall be to recast, at least in matters of style and arrangement, all acts before they are passed to be engrossed."

Any private member introducing a bill can, of course, avail himself of the draftsman's services before the bill is originally drawn. His advice may be required by the legislature or by legislative committees on the question whether the proposed legislation is necessary, that is to say, whether it is not covered by laws previously existing. It shall be his duty then to edit the laws, arrange them for publication, and to authenticate by his signature the volumes of the annual laws. One person is better than two or three for such work, but he should be paid a very large salary so that he can afford to make it his life work. He should be appointed for a very long term and should have ample clerical assistance. It should also be his duty to correspond and exchange information with similar officials in other States. In other words, he with his assistants should be the legislative reference department. These recommendations were duly referred to the Committee on Uniformity in preparation of session laws.

* * * * *

At some risk of wearying the reader I have attempted superficially to cover a very extensive field. I started with quoting Blackstone's remark that there is no other science in which so little education is supposed to be necessary as that of legislation. These words were penned by him more than one hundred and fifty years ago and there is still no book upon this subject; the books on Government, Parliamentary Law, and Hermeneutics concerning respectively the source, the procedure, and the interpretation of legislation, not the content thereof. I can but hope to have called attention to the immense importance of this subject, particularly in our representative democracy, and I will beg my readers who have been patient with me to the end to reflect for more than a moment on the extraordinarily novel state of things that this modern notion of the legislative function brings about. It is a commonplace of historical writers to open their first chapter by calling attention to the difference made by steel and electricity, to the fact that it took longer to get from Boston to Washington in 1776 than it does to-day from Maine to California and back; that it took longer even for the rural legislator in the Connecticut Valley to get to his State Capitol than it does to-day to go from there to Washington. But no one, I think, has ever called attention to the enormous differences in living, in business, in political temper between the days (which practically lasted until the last century) when a citizen, a merchant, an employer of labor, or a laboring man, still more a corporation or association, and lastly, a man even in his most intimate relations, the husband and the father, well knew the law as familiar law, a law with which he had grown up, and to which he had adapted his life, his marriage, the education of his children, his business career and his entrance into public life—and these days of to-day, when all those doing business under a corporate firm primarily, but also those doing business at all; all owners of property, all employers of labor, all bankers or manufacturers or consumers; all citizens, in their gravest and their least actions, also must look into their newspapers every morning to make sure that the whole law of life has not been changed for them by a statute passed overnight; when not only no lawyer may maintain an office without the most recent day-by-day bulletins on legislation, but may not advise on the simplest proposition of marriage or divorce, of a wife's share in a husband's property, of her freedom of contract, without sending not only to his own State legislature, but for the most recent statute of any other State which may have a bearing on the situation. Moreover, these statutes, which at any moment may revolutionize a man's liberty or his property, are not as they were in old times—a mere codification, or attempt at the best expression of a law already existing and well "understanded of the people"; but may and probably will represent a complete reversal of experience, an absolute alteration of human relations, a paradox of all that has gone before; and even when they endeavor not to do so, as in the case of that Massachusetts statute above referred to, their authors' lack of education in the science of legislation may unintentionally cause a revolution in the law. And even when a statute does not do this, no lawyer can be certain what it means until, years or decades afterward, it has received recognition from an authoritative court. That is why much complaint has been made of lawyers; they are said not to know their business, not to be able to tell what the law is. The head of a great railroad has recently complained that he was only anxious to obey the law, but had great difficulty in finding out what the law was. Any good lawyer with common sense knows the common law and usage of the people; but no one could tell at the time of its passage what, for instance, the Sherman Act, enacted twenty-three years ago, meant; the twenty-three years have elapsed; the anti-trust law has been before the courts a thousand times, and the best lawyers in the country do not to-day know what it means; and the highest tribunal in the land is so uncertain on the subject that it has ordered the Standard Oil case reargued.

This is not to say that one must not recognize the meaning and the need of law-making by statute; of law made by the people themselves to suit present conditions. "There should be a law about it," is the popular phrase—commonly there is a law about it, and the best of all law, because tested by time and experience; only, the people do not realize this, and their power and practice of immediate legislation is not only the great event in our modern science of government, but it is also the greatest change in the rules and conditions of our living, and our doing, and our having. Not only our office-holders, but we ourselves, are born, labor, inherit, possess, marry, devise, and combine, under a perpetual plebiscitum, referendum, and recall. I can only hope that I have made some suggestions to my readers which will awaken their interest to the importance of the subject.



INDEX

Abbot of Lilleshall case, Abduction, statute against, A.D. 1452, (see Kidnapping). Acton Burnel (see Statute Merchant). Actors forbidden from swearing on the stage. Administration of estates, unfair laws in American States. Administrative law (see Boards and Commissions), still exists in Germany; forbidden by Magna Charta; did not exist in England. Adultery now made a crime. Advertising, signs forbidden; of patent medicines, divorce matters, etc., prohibited. "Affected with a public interest"; use of phrase to justify rate regulation. African labor, etc. (see Negro). Agricultural products, exempted from anti-trust laws; stations usually exist in State. Aids (see Taxation, Taxes); the three customary. Ale (see also Sumptuary Legislation), Assize of. Alfred, laws of (see Wessex) Alien, legislation against, in labor matters dates from 1530; rights of, in real estate; in personal property; immigration of, regulated; naturalization of; alien and sedition laws; libel against the government, suits for; general scheme of our legislation concerning; laborers may not be specially taxed; may be forbidden to hold lands. Alienation of affections, discussion of suit for. Allowable socialism (see Socialism). American legislation in general, chapter concerning, chapter VI. Anarchism (see Socialism), definition of; advocating of, made a felony Anarchists, legislation against; naturalization of; may be denied immigration. Anglo-Saxon law (see Law), re-establishment of, chapter concerning, chapter III; was customary law; method of enforcing; its nature, loss, and restoration. Anglo-Saxon legislation (see also Legislation). Anti-truck laws. Anti-trust laws (see Trusts). Apparel (see Sumptuary Laws), statute of 1482. Appeal, right to, in criminal cases given government. Apprentices, early laws of. Arbitration, of labor disputes, laws for; laws aimed against strikes; laws in the British colonies. Archery favored by legislation. Arms (see Assize of Arms), chapter relating to, chapter XIII. right to bear; does not extend to Parliament; history of; made compulsory; right to bear established in bill of rights; does not include concealed weapons. Army (see Standing), use of; its bearing upon liberty; complained of in petition of rights; used to control internal disputes; use of by President in civil matters objectionable. Arrest, freedom from, under Magna Charta. Artificers and craftsmen (see Labor). Asiatics (see Mongolians), may not be citizens; legislation against in the Far West; may be unconstitutional; may not be employed in public work. Assembly, right of, as bearing upon freedom of speech; the right to, and free elections. Assignable (see Negotiable). Assistance, writs of, in Massachusetts. Assize of Arms. Assize of Bread and Beer. Association, freedom of (see Combination), is guaranteed in Switzerland. Atheism does not disqualify a witness. Austin's views of law. "Avocation, affected with a public interest."

Bakers, statute of (see Assize of Bread and Ale). Bakeshops, bakeries, legislation concerning (see Sweatshops). Balance of trade thought desirable as early as 1335. Ballot, form of, (see Elections); the Australian, New York, etc. Banishment not a constitutional punishment. Bankruptcy act, the first, A.D. 1515; under Cromwell; national. Battle, trial by. Beds, making of, regulated in Oklahoma and the England of 1495. Beer (see Sumptuary Legislation, Assize of Beer). Beggars (see Vagabonds). Benefit funds, legislation against. Benefit of clergy, origin of; in modern trials; reason of; modification of in murder, etc.; extended to women; withheld from all women earlier. Betterment taxes (see Eminent Domain), limitation of; reason for. Bigamy, a sin, not a crime in the earlier view; statute of; forbidden by statute of James I. Bill of rights (see Petition of Right, Constitution). Bills of exchange, invention of. Bills of lading. Bishops, may be appointed by the crown; abolished in 1646. Black death, gave rise to first statute of laborers; plague of, 1348; effect of on prices; Black labor (see Negroes, Peonage, etc.), in the Orange River Colony. Blacklists (see Boycotts), American statutes against; in modern American statutes; laws against in Germany and Austria. Blackmail statutes. Blackstone quoted as to legislation. "Bloody" statute against heretics, 1539. Boards and commissions, growth of; must be bi-partisan. Bounties, constitutional objection to; usually unconstitutional; in foreign countries; Federal bounties; public appropriations may be justified in times of emergency; State usual subjects of. Bows and arrows (see Archery) much used in England. Boycotts (see Conspiracy) first recorded precedent of in 1221; "against the common weal of the people" made unlawful in 1503; in modern times; intent the test; statutes; definitions of; unlawful under anti-trust laws; in modern American statutes; Alabama definition of; no European legislation on; right to prosecute as bearing upon right to freedom of speech. Brewer, Justice, Yale address quoted Bribery of votes by employment, etc. (see Corruption); recent statute against. Building, laws regulating; sanitary regulations under police power. Bulk, sales in. Business corporations, act of, Massachusetts. By-laws, of guilds must not be in restraint of trade; against the common weal of the people made unlawful in 1503; of corporations must be reasonable; illegal, forbidden, 1503; forbidding appeal to the law courts unlawful; the Norwich tailors' case.

Cabinet, functions of in England. Cade, Jack, attainder of; rebellion of, its effect, etc. Canada, legislation on arbitration. Canon law (see Church Law), supplanted by common law; early jealousy of. Canons of the Church (see Canon Law). Canute, laws of. Capital, combinations of (see Trusts). Capital punishment, laws abolishing. Carlyle, his remark on legislation. Carriers, rates of fixed by law. Carter, James C., quoted. Cartoons, laws against. Cash payment of wages, danger of laws for. Caucuses (see Primaries), regulation of by law. Celibacy of priests a modern doctrine. Cemeteries, eminent domain for. Centralization, by Federal incorporation law; as caused by the fourteenth amendment. Certificates (see Stock Certificates, Trust Certificates, etc.). Chancellor (see Injunction). Chancery (see Equity Jurisdiction), early jealousy of by the people; court of, origin; the star chamber; statute against jurisdiction; in labor disputes. Charity (see Bounties), modern legislation concerning. Charter of liberties, of Henry I; of Henry II. Charter (see Magna Charta), early royal charters a concession of Anglo-Saxon liberties; as previously existing. Child labor, laws concerning; hours; absolute prohibition of; age limit; dangerous and immoral trades; young girls; in mines. Children, guardianship of; in America, labor of, regulated; guardianship of may be given either parent; rights of in marriage and divorce; tendency to State control of, its effect. Chinese (see Mongolian), laws against. Chitty, cited as to conspiracy. Christian Science, laws regulating practice of; not protected by the Constitution. Church law (see Canon Law), freedom from; early jurisdiction of; governs sin; of Henry VIII and Mary; of Elizabeth III in U.S. tests. Church of Rome supreme over England. Cigarettes manufacture and sale of forbidden; laws against. Cigar making (see Sweatshops). Cincinnati, order of. Citizens (see Aliens Suffrage, etc.). Citizenship, of American Indians; of other races, chapter XVI. City (see Government), debt limited by statute; ordinances in effect laws. Civil law, early jealousy of; supplanted as to legitimacy. Civil rights of negroes, etc. (see Class Legislation, Liberty, Equality). Civil service reform, tendency to extend. Clarendon, constitutions of. Class legislation, as to war veterans; as to boycotts; making hereditary privilege. Clergy (see Benefit of Clergy). Clerks (see Benefit of Clergy), meaning of word; may dress like knights. Closed shop, early case of, (see Union Labor). Cloth of gold worn only by the king. Clothing, regulation of by law; manufacture of, a "sweated" trade. Cloths, trade to be free in; act for spinning, weaving, and dyeing of. Coal (see Fuel), Massachusetts law regulating sale of. Codes, in the United States; in England. Codification, early, in England; partial. Co-education, present tendency against; universal in State colleges. Cohabitation (see Fornication), made a crime in many States. Coin (see Money) Coinage, debasement of, forbidden. Cold storage, need of legislation against. Collective bargaining, principle of. Color, persons of (see Negro). Combinations (see Labor, Trusts, Conspiracy), chapter concerning, chapter XII; the law of; the modern definition of; against individuals; intent makes the guilt; to injure trade; individual injuries to business; to fix prices; Professor Dicey quoted; law of, in European countries; with an evil end forbidden by Code Napoleon. Commerce, legislation concerning, (see Interstate Commerce, Trade). Commissions and tips forbidden; government by commission (see Boards, Administrative Law). Common law, enforcement of; contrast with Roman law; growth of by court decision; effort to restore soon after the conquest; as distinct from Roman law; as against civil law; how far enforced in United States; early jealousy of chancery power; does not apply in towns of the staple, but the law merchant; superiority over statutes; prevails in criminal matters; self-regardant actions; Massachusetts statute declaring. Common land. Common pleas, court not to follow king's person. Common right shall be done to rich and poor. Commons (see House of Commons). Commonwealth of England, constitution of. Commonwealth vs. Hunt, 4 Met. 111, case of cited. Communism, definition of (see Socialism). Company stores forbidden; so, tenements; company insurance. Compulsory labor (see Peonage). Compurgation, trial by. Concealed weapons (see Arms). Confirmation of charters. Congress, usurpation of powers by. Conscience, rights of (see Religion). Conscription (see Military Service), does not exist among English peoples. Consent, age of, in rape; in marriage; the age raised as high as twenty-one; in criminal matters. Conservation (see Forest Reserves); of rivers, dates from statute of Henry VIII. Conspiracy, first statute against in 1305; doctrine first applied to maintaining lawsuits; next to combination between mechanics or guilds; reason of common law doctrine of; definition of; determined by intent or ethical purpose; early statutes probably declared merely the common law; definition of in statute of 1304; definition of as evolved in history; finally includes intent to injure another person in his liberties as well as results actually criminal; reason of doctrine of; doctrine under common law; remedies for; combinations necessarily attended with the use of unlawful means; unlawful act is the combining, not any action done; actual result unimportant; intent the question; punishment far more severe than for offences done under it; always unlawful, may not amount to criminality; principle of extended to trades unions and their by-laws; of masons, etc., forbidden in 1425; against the law or customs of the staple town made criminal in 1333; general discussion of law of, chapter XII; continuing conspiracies, doctrine of; extension of, by new statutes; early English law of, discussed with the modern law of combinations; to maintain lawsuits; Conspiracy and the Trade Disputes acts (English); copied in Maryland; changing of law recommended in labor matters; English statute of, copied in Oklahoma; doctrine of, contended for by labor unions. Constitutional law (see Unconstitutional), growth of in America; applied by the courts in early England; Magna Charta to be interpreted by Ordainours; anticipates in earliest times U.S. Supreme Court. Constitution, State, modern form of; adoption of by referendum. Constructive total loss, origin of doctrine. Contempt of court, effort to obtain jury trial, (see Chancery, Injunction). Contract (see Freedom of), status of, desirable for labor. Convict-made goods, denial of to interstate commerce. Co-operation (see Profit Sharing). Corn, exportation of, forbidden in 1360. "Corners" (see Engrossing, Forestalling), unlawful to create at the common law; corners of wheat in Athens; by Joseph in Egypt. Coronation oaths, history of. Corporation, general discussion of, Chapter X; Federal incorporation; first appearance of secular trading corporations uncertain; companies corporate required to record their charters as early as 1426; by-laws of must be reasonable; first trading companies under Elizabeth; early charters of difficult to find; business, origin of; discussion of; peculiar powers of incorporated persons; unknown in Rome and early England; special municipal corporations and monasteries; limited liability of, invented in Connecticut; form of the modern; Federal supervision; powers of in other States; prohibition of; holding stock by; earliest business companies; history of; limited liability; monopoly given to Federal corporations; powers of in other States; the Massachusetts law; two theories of legislation concerning; clash of State and Federal law; the "Trust problem"; discussion of subject by Massachusetts commissioners; now created under general laws; modern legislation concerning; liability of stockholders; payment in of stock; income; "publicity"; monopoly, consolidation, etc.; the holding company; public service; duration of franchise; powers of in other States; have no immunity from giving testimony; are subject to the criminal law; primarily through individual officers. Corrupt practices (see Bribery) election laws. Corruption (see Bribery), modern statute against. Council, the great, was originally executive and judicial as well as legislative (see Three Functions of Government); primarily judicial; legislation incidental to judicial judgments; law declared, not made, by Great Council; development with legislative power into Parliament; the great judicial functions of; in Magna Charta; so-called until 1275. Counsel, right to, etc. Cousins, marriage of forbidden; County courts, early history of; counties may loan for seed. Courts, at first followed the king's person; special royal courts forbidden; our judicial system. Covins (see Conspiracy). Crime, distinction from sin; tendency of modern legislation. Criminating (see Incriminating). Criminal law and police, chapter concerning, chapter XVIII, modern basis of; procedure in; laws regulating procedure; right of appeal; President Taft's recommendation. Criminal procedure, reform of, necessary. Cromwell, legislation under; laws all repealed, but had some effect upon laws of New England colonies, and vice versa; assumed supreme power; he had absolute veto; no constitutional government under; unrestricted will of majority becomes will of one. Cross-bows forbidden except to lords. Crown land. Crown property, wrecks, fish, precious metals, etc. Crusades, expenses of, origin of taxation. Cummins, Governor, his ideas as to trust controlled articles. Curfew laws in early England; in U.S. Custom, of the trade; (see also Law, Customary Law, etc.), enforcement of Custom House, regulation of officers of; may not make unreasonable search; travellers to be believed upon their oath. Customs (see Duties), the law of England, recognized by early English charters, as well as laws, Customary law, or natural, enforced without sanction: sanction of often the best; sanction not a penalty; early legislation declaring.

Dairies (see Farms). Danbury hatters' case, desired legislation against. Dane Geld, London free from. Dangerous trades, hours of labor in. Day's work (see Hours of Labor). Debtor and creditor, laws concerning. Debts (see Imprisonment) laws to enforce collection of not necessary; suits to recover comparatively modern; State, city, etc., for internal improvements; State, municipal or county may be limited by statute; Modern statutes concerning; Imprisonment for forbidden; Municipal limited by statute; limit generally evaded. Delegation of legislative power (see Three Functions of Government). Democracy, legislation of. De odio et atia, writ of, explained in statute of Westminster II. Department stores, legislation against anticipated in early England; forbidden (see Trading Stamps). Descent of property, legislation concerning. Desertion, a cause for divorce. Destruction of food stuffs highly criminal by early law. Diet and apparel (see Sumptuary Laws), laws concerning soon repealed, Direct legislation (see Referendum), nominations; primaries; elections; taxes (see Taxation). Discharge, reason of, must be stated by employer. Discrimination, unlawful under early common law; modern view of; by the "trusts"; the Elkins law against; in ordinary trade; against localities by trusts. Divine right, asserted by King James. Divorce, chapter concerning, chapter XVII; jurisdiction over first in church; reform movement discussed (see Marriage and Divorce); equal rights of husband and wife; causes for to both sexes alike; statistics discussed; in most cases given to the wife; whether innocent or not; in England not to the wife for adultery alone; for desertion and failure to support; reforms in legislation; reforms in procedure, preferable; causes now existing; meaning of cruelty, cause for divorce; uniformity of law in; statute for reform of divorce procedure; commissioners created by States; effect of in other States; law formerly appertained to the church; history of in the past; earliest in 1642; first general law that of Massachusetts Bay; corespondents may appear and made defence; crime made cause for; neglect cause for; advertising; remarriage after divorce usually permitted; should be absolute; unchastity the cause if before marriage; government reports upon; in European countries. Doctors' commons lasted until the nineteenth century. Dog, or cat, why usually kept on ships Dogberry, speech to the watch, based on the statute of Winchester. Dogger, statute of; dogger fish, trade in regulated; regrating of dogger fish forbidden; storage and preservation; must be sold before night. Domestic labor, no regulation of. Dorr, rebellion. Double standard in divorce matters; in matters of ordinary morality. Double taxation (see Taxes). Double trading, and department stores. Dower right, recognized in Magna Charta; in American legislation. Drainage (see Irrigation), laws for usual in the South and West. Drains and irrigation. Drill companies (see Military Companies). Droit d'aubaine. Drugs (see Pure Food Laws). Drunkenness, first punished by law in 1606; other laws against; in U.S. Due process of law, under Magna Charta; principle may include immunity from self-incrimination. Duties (see Imports), first upon wool in Westminster I; General nature of; early revenue laws prohibitive not protective, hence tariffs for protection, not for revenue alone, are constitutional; "new" customs forbidden in 1309; suspension of all duties in 1309 in order to see what the effect is upon the people's prosperity; "new" customs again abolished, saving only the duty on wool or leather; only to be paid upon goods actually sold in England, not upon goods exported; in the United States.

Early methods of trial. East India Company, monopoly of, attacked. Edgar, laws of. Education, may be separate for different races; tendency of to be technical; usually includes agricultural instruction; state functions of declared a natural right; compulsory in all states; compulsory age of. Edward I, charter of, in 1297; Restores constitutional principle of taxation; legislation of; grants confirmation of charters. Edward the Confessor, codes of; laws of (see Wessex); laws of sworn to be observed by Norman kings; laws of restored by Charter of Liberties. Edward II, reign of. Edward III, legislation of. Edward VI, legislation of. Edward VII, minimum wage legislation. Egyptians (see Gypsies). Elections (see Voters), freedom of, principle dates from statute of Westminster I; local regulation of essential; free right to; house the judge of; right of voting; control of votes of employees; Federal and State authority; regulation of machinery of; of corruption in, 290, 291. Electric power companies, eminent domain for. Elevators, subject to rate regulation; hours of labor on. Elizabeth, legislation of. "Elkins" act, 176 (see Discrimination, Trusts); form of, 361. Eminent domain, a modern doctrine; applies to personal property; personal property seized by royal purveyors; damages in; does not exist in England; growth of in United States; public service corporations entitled to; extended to public service corporations; to private corporations; to the taking of easements; damages given for land damaged as well as taken; only for a public use; national uses; State uses; parks and playgrounds; railways, telegraphs, etc. what is a public use; under State constitutions; increased application of; water subject to, in the arid States; powers of Federal government; no more land to be taken than needed. Employers' liability. Employment offices (see Intelligence Offices), regulated in Oklahoma, etc. England, statutes of, enforced in United States, 55; New, forbidden to plant tobacco. Englishry, London free from. English language, replaces French; to be used in law courts. English law, restoration after the conquest. Engrossing (see Forestalling, Restraint of Trade), first statute against; definition of; of foreign trade; punishment of; forbidden to the merchants called grocers; forms forbidden; final definition of; of corn permitted in certain cases; of butter and cheese forbidden; by trusts. Entail created by statute of 1284. Equality, recognized in charter of Henry II; before the law in Magna Charta; guaranteed by statute of Westminster I. Equity (see Chancery, Injunction), separate from law in some States. Equity jurisdiction (see also Chancery), jealousy of; its interference with the common law forbidden by statute of, 1311; in abductions; separate still. Eugenics, modern statutes recognizing. Evidence, compulsory intrust cases; legislation upon (see Incriminating Evidence). Exclusive contracts forbidden (see Trusts). Executive (see also King), usurpation of, under Henry VIII. Exemption laws for debtors. Exile (see Banishment) forbidden in Magna Charta. Experiments on. Exportation of wool forbidden 1337; corn, 1360; iron. Extortion and discrimination; unlawful under early common laws; rare in railway rates (see Elkins Act).

Factory legislation (see Hours of Labor, Labor), acts exist under police power; as to married women, etc.; the factory system, possible abolishment of; hours of labor limited; the factory acts; stores and dwellings. Fairs (see Markets). Farming on shares. Farms, labor on, no regulation of; State, frequently created. Federal and State jurisdiction, effects of; as to use of army; question as to prohibition laws. Federal government, powers of, in eminent domain. Federal incorporation (see Corporation, Trusts) effect of. Federal troops employed by President Cleveland. Federation of Labor (see Gompers, Samuel). Female labor, etc. (see Women). Ferries, charges of, regulated. Feudal system, imposition of, by Normans in England. Feudal tenures, abolished under Charles I; in United States. Fines must be reasonable principle dates from Westminster I. Fish and game laws, first precedent in 1285; law protecting wild fowl under Henry VIII; snaring of birds forbidden. Fish, destruction of to enhance price made criminal in 1357; universally regrated in American markets; may not be carried out of England. Flume companies, eminent domain for. Food and drugs act (see Pure Food Laws, Trusts, etc.). Force bills (see Elections). Foreclosure of mortgages regulated by statute in United States. Forest reserves created in some States. Forestalling (see Trusts, Monopoly), first statute against; definition of; offence gradually lost sight of; laws against, made perpetual under Elizabeth; only repealed under George III; first statute merely inflicts punishment; full statutory definition of; in the staple; next statute that of 1352, applying to wine, etc. or imports; double forfeiture imposed; imprisonment for two years; in cloths abandoned, A.D. 1350; of Gascony wines forbidden in 1532; in fish, milk, etc., forbidden; last complete act A.D. 1551; made perpetual under Elizabeth and repealed in 1772; final definition of; an element of the "Trust,"; by Joseph; in modern statutes. Forestry laws, the first. Form of our statutes, the. Fornication, made a crime; with a woman under age a crime though with her consent. Fourteenth Amendment, securing private property. France, English people not subject to, by statute of 1340. Franchises (see Corporations), challenged by quo warranto; rates of may be regulated; to be limited in time; to pay taxes; regulation of, meaning of. Frauds, statute of; need of legislation against. Fraudulent conveyances, statute against 1571. Free speech in Parliament finally established under Henry VIII, Freedom in England, early method of attaining; of American Indians secured, (see Citizenship); before the law recognized in charter of Henry II, Freedom of contract (see Labor, Trade), principle of, value of, of elections, Freedom of speech, legislation relating to, does not extend to anarchistic statements, Freedom of the press, limitations of, meaning of, Freedom of trade, Freehold land, common in United States, Freemen (see Liberty), made up Witenagemot, rights of under Magna Charta, rapid increase of after the conquest, French, language, first law in A.D. 1266, customs and law of in force in England, language not to be used in England, coat of arms not to be used in England, language declared to be unknown in England in 1360, Fuel, Assize of, modern statutes, municipal distribution of, Fur, black only to be worn by the king, Futures (see Forestalling), buying of unlawful at common law, dealing in forbidden, buying and selling, Fyrd, the early Anglo-Saxon militia.

Gambling, contracts forbidden (see Futures), Game (see Fish and Game). Gas (see Municipal Socialism). Girls (see Women, Labor, Child Labor), protection of, absolute prohibition of in some occupations, newspapers may not be sold by, may not be telegraph messengers, Gold (see Silver). Golden Rule, applied to the law of combination, Gompers, Samuel, quoted, Gospel, society for the foundation of, founded, "Government by injunction" (see Injunction), Government, threefold division of, none above law, powers of in militia, chapter concerning, chapter XIX; general principle that of home rule, by individual heads, by boards or commissions, system of taxation, Grand Army of the Republic given special privileges, "Granger" cases, laws, etc., Gratuities forbidden, Great Case of monopolies cited, Grievances, summary of, A.D. 1309, Grosscup, Judge, on Federal incorporation, Guards, private (see Pinkerton Men), Guilds (see Trade Unions), freedom gained in, meaning of word, all members freemen in towns, partly lawful, partly unlawful in English history, history of, became combinations of employers, their control of all trades, abolished by French Revolution, monopolies recognized under Elizabeth, getting charters take corporate form, may have suggested the corporation, growth of the trade guilds, Gypsies, early statutes against.

Habeas Corpus act, foreshadowed in Magna Charta, its predecessor, writ de odio et atia suspension of, by Lincoln, etc. Harvard, John, residence in Southwark, Harvard University, recognized in the Massachusetts Constitution, Hat-pins, legislation against, Hawkins's, definition of conspiracy in pleas of the crown, Health (see Pure Food Laws, Police Power). Henry II, laws of, Henry IV, legislation of, Henry VIII, legislation of, declares God created all men free, personal government under, declares himself head of the church, history of the Bloody Statute, Hepburn act (see Rates), (see Interstate Commerce Act). Hereditary privilege (see Privilege). Heresy, first secular law against, A.D. 1400; the bloody statute of Henry VIII against; the statutes. Heretics to be tried in clerical courts and burned if guilty. Hermeneutics, meaning of word. Herrings, ordinance of, to prevent waste and extortion. Highways, State, exist in some States. Hindoos may be naturalized. "Holding" companies (see Corporations). Holidays, laws concerning in early England. Holt cited as to conspiracy. Horses, breeding of encouraged by statute; to be over fifteen hands; sale of forbidden. Hotels not entitled to eminent domain. Hours of labor, first fixed in 1495; fixed again, 1514; repealed next year as to city of London; regulation of by combination forbidden; freedom in; modern statutes; of women; in special employments; of child labor; Federal laws concerning; in dangerous trades; in factories, effect of on male labor; attitude of the courts; laws regulating labor of adult males; of women; in special occupations; of children; night work; general discussion; child labor prohibited; age limit; school certificates, etc.; educational restrictions; mines; dangerous or immoral occupations; railroads and telegraph; unsanitary trades; foreign legislation. House of Commons, has sole power of taxation; growth of legislative power (see Parliament). House of Lords, abolished 1648. "House of Mirth" at Albany. Husband and wife, may testify against each other; contracts between may be regulated; in divorce matters; right to guardianship of children; husband is head of the family; may fix the abode; power of mother over children; duty of the husband to support the wife and children; they are joint guardians of children; may be witnesses against each other.

Ice, Massachusetts convention to regulate price of. Immigration, restriction of by act of Congress. Immorality made a crime. Immunity, principle of discussed (see Incriminating Evidence). Impeachment, revival of, process for, in 1621. Imports (see Duties). Imprisonment for debt, in the law merchant; forbidden in United States. Improvements (see Internal Improvements.) Income tax, history of; in England; may be graded. Incriminating evidence, principle protecting a man from self incrimination; of corporations. Indeterminate sentences. Indexes (see Statutes), should be some system of. Indians, American, legislation referring to, under Cromwell; citizenship; history of legislation concerning. Individual rights, legislation relating to, chapter concerning, chapter XV. Individualism, definition of; in labor matters. Industrial Commission, United States, report of on trusts, etc.. Inheritance taxes, in United States; in England. Initiative (see also Referendum). Injunction (see Riots), origin of in Jack Cade's Rebellion; early use of principle, A.D. 1327; justices of the peace instituted for; under Richard II; repeal of these powers given justices of the peace the very next year; the common law vindicated; power given to chancellor in Jack Cade's case; jealousy of common law still preserved; given against the seduction of heiresses; in labor disputes; (see also Chancery, Equity Jurisdiction), government by, may bring on, military abuses; misuse of in America. Injury, to another when not criminal usually not a legal wrong; otherwise, if by two or more working together; to trade, examples of. Inns and ale houses, tippling at, forbidden under King James. Inquisition, constitutional principle against. Insane persons have no right to marriage. Insolvency laws, liberal in United States (see Bankruptcy). Instrument of government under Cromwell; only lasted one Parliament; dissolved by Cromwell's soldiers at its first sitting. Insurance funds, legislation against; compulsory and benefit funds (see Life Insurance). Intent, a cardinal question in conspiracy questions; a test of the legality of combined action. Internal improvements, States may not engage in, etc.; chapter concerning, chapter XIX; usually prohibited by State Constitution; taxation to aid. Interstate commerce, regulation of acts in; by the commission; the Sherman act; corporations uncontrollable by States; bearing of law on trusts; denied convict-made goods; does not control the treatment of races in public conveyances; in intoxicating liquors; act, discussion of its form. Interstate succession. Intimidation (see Conspiracy, Boycotts); in elections. Intoxicating liquor, may not be sold to minors, etc.; tendency to local option; interstate commerce act regarding; general discussion; high license; State-wide prohibition. Intoxication (see Drunkenness), formerly made a crime. "Iowa Idea," the. Ipswich (see Norwich) tailors of, case cited. Ireland, cruel laws of Edward III. Irish, termed the enemies of the English in 1309; laws against. Irishmen, banished from England; not to attend the University of Oxford. Iron, export of forbidden in 1354. Irrigation, eminent domain for; private, eminent domain for; districts created in the South.

James I, legislation of; against sin. Japanese (see Mongolian), included in laws against. Jefferson, Thomas, his work on Virginia bill of rights. Jenks, Professor (Oxon), quoted. Jews, and usury; source of revenue in England; excluded from benefit of statute merchant; trade of, in early England; Christians forbidden to live among them; exempt from taxation except to the king. John, King, surrenders England to the Pope. Judge-made law, criticisms of. Judges, method of appointment, changes in. Judicial power, jealousy of; system; present needs. Juries, early regulation of by statute; by 1285 must be of twelve men; compulsory service of jurors dates from 1285; right to, how far preserved; may be less than twelve in criminal cases; three-fourths verdict unconstitutional. Jury trial in contempt of court matters. Juvenile courts statutes for; laws.

Keller vs. U.S.; U.S.; case cited. Kent, laws and customs of. Kidnapping, made a crime; laws against. King, might not make law; Norman kings attempting to make the law; derived his revenue from his own land; early methods of securing money from Parliament; sovereignty of supreme over the church; power of to repeal laws of England asserted by Henry VIII; proclamation made by to be obeyed by act of 1539; may not leave the realm; proclamations of given the force of law in 1539; subject to common law. Kodaks, legislation against.

Labor, general chapter concerning, chapter XI, law of; makes men free; statutes of; early problems in England; compulsory in early England; attempt to make it so in the South; right to early established in England; still regulated; freedom of by statute of 1548; handicraftsmen to use only one mystery in 1360; claims for preferred; combinations, chapter concerning, chapter XII; contracts of labor not enforceable; American statutes, chapter XI; New York legislation, amendment; length of service; freedom of trade and labor; hours of in peculiar trades; in Europe; foreign legislation; legality of combinations; (see Public Work, Wages etc). Labor hours of (see Hours of Labor). Labor laws (see Hours of Labor, Factories), early English statutes relating to, chapter IV; closely connected with laws against trusts; twenty years of legislation. Labor Unions (see Trades Unions); exemption from anti-trust laws; agreement not to join not to be required; lawful in Europe; funds of to be protected from attack; desire to be exempt from militia service; hostile to militia; may not establish a privileged caste; generally exclude negroes. Laborers, first statute of 1349; possibly never law; confirmed in 1364 and not repealed until 1869; re-enacted in 1360; never law in America; great statute of, 1562; statute of 1388; requiring testimonials; statute of 1402, forbids laborers to be hired by the week; statute of, re-enacted in 1405; statute of Elizabeth, 1562; statute of, extended to London city; confirmed under James I; fixed prices of victuals; laborers not to be imported into State of Oklahoma. Laissez faire school (see Individualism) Land system of tenure before the conquest; allodial in United States; subject to eminent domain. Lassalle, doctrine of, anticipated; ideas of, in modern socialism. Lateran council, abolishes trial by ordeal. Laundries, regulation of, etc. Law, English idea of, chapter concerning, chapter I; definition of; American notion of; Anglo-Saxon idea of; originally in England unwritten; law enforced each man for himself; supposed to be known by all; growth of among children; sanction of; notion of as an order of a sovereign to a subject; Roman notion of not understood; unwritten in early England; Austinian notion of quite modern in England; sanction of, not necessarily punishment; early English all customary; always made by the people under Teutonic ideas; English not codified; right to, recognized in Magna Charta; of the land, as expressed in Magna Charta; extended to all people; right to as against military law; form of American statutes. Law merchant, history of; governs all persons coming to the staple. Law reports continuous among the English people since 1305. Laws (see Statutes), not made by early Parliaments, but only declared; "We are unwilling to change the laws of England." Lawyers may not sit in Parliament. Legislation (see also Statutes); American in general, chapter concerning, chapter VI; proper field of; makes the bulk of modern law; not supposed to be difficult; none in modern sense before the Norman conquest; early growth of in England; beginning of new legislation; sociological only considered; State; our subject; early necessity of; Anglo-Saxon; early English laws recognized order law; form of in England; apt to cease under personal government; American in general; of the British Empire, index to; growth of constructive legislation in America; radical tendency of; to enact unconstitutional laws; division of into subjects; method of in United States; form of, discussed in chapter XX; should not be delegated to commissions; final discussion; no book upon the contents of. Legislatures (see also Parliament), history of; to make new laws a modern conception; origin of representative; early, included all fighting men; annual sessions, history of; biennial or quadrennial sessions of; moral cowardice of; modern distrust of; sessions of limited. Legitimacy, common law as to. Lent, observation of, required by statute of James I. Levees on the Mississippi. Liability (see Corporation). Libel, and slander, legislation relating to; against government; modern statute abolishing law. Liberties, charter of (see Charter), declared by early statutes; restoration of in England; personal, secured by writs de odio et atia and habeas corpus. "Liberty Clause," the great. Liberty (see also Personal Liberty, Life and Liberty, etc.), right to, recognized in Magna Charta; special to Kentishmen; in labor matters; of trade. Licensing of trade, laws concerning. Life, liberty, and property (see Constitutional Law), makes a convenient division of legislation; identity of constitutional rights to. Life insurance, must be given the negro on the same terms as the white; of children forbidden. Lilleshall case cited. Limitations, statute of, for prosecutions for crime, dates from 1509. Limited liability (see Corporation). Liquor (see Prohibition), interstate commerce in; (see Intoxicating Liquor). Litigation, early, always by way of justification. Lobbying, laws against (see Bribery); acts. Local option (see Intoxicating Liquor). Local self-government preserved in municipal law. London dock case. London, liberties and customs of recognized in Magna Charta; laws of relating to labor; statute of, customs of, 1285. "Long and short haul clause" (see Rates). Looms, engrossing forbidden. Loss of service laws. Ludlow Company, strike at. Lynching, State or county liable for; civil damages for; law of.

Machine politics, entrenched by regulation of. Magna Charta, chapter concerning, chapter II, marks the complete restoration of Anglo-Saxon liberties; sworn to in the coronation oath; taxation clause; history of the grants of by King John; of Henry III omits taxation clauses; confirmed more than thirty times by later kings; history of the grant of by Henry III; important clauses of; of John further discussed; to be read twice a year in every cathedral; to be interpreted in the courts as is the American Constitution, under the new ordinances of 1311; never published in French; causes of. Maintenance, statutes against. Majority, powers of, not unlimited. Malice in conspiracy (see Conspiracy). Manufacture of cloth regulated by statute. Margins, sales on forbidden. Marine law (see Sea). Market towns, regulation of tolls in. Markets, citizens of London forbidden to trade in. Marlborough, statute of. Marriage (see also Miscegenation), jurisdiction over first in church; is a sacrament by Roman view; creates a status; not a mere contract at common law; forbidden between English and Irish; religious ceremony first dispensed with under Cromwell; between first cousins invalid in Pennsylvania; modern legislation; may be forbidden to parties of different races; discussion of the common-law marriage; now abolished in New York; the ceremony; chapter concerning, chapter XVII, lawfulness of, determined by law of State; law of formerly appertained to the church; in some States a simple contract; when void because of age; when void because of failure of parents to consent, restriction of by modern statute; between near relations; of insane persons void; of impotent persons; of epileptics; of drunkards; State examination to permit; tuberculosis disqualification for; of consumptives forbidden; of unchaste persons forbidden; medical examinations may be required; common-law marriage abolished in Illinois. Marriage and divorce, chapter relating to, chapter XVII, as related to women's rights question. Married women, regulation of labor of; original laws; have same property rights as men; may be protected by the State; as by hours of labor law; have control of separate property; laws permitting them to act as sole traders; wife-beating made criminal; privileges of. Martial law; struggle against in England; recognition of, in modern State legislation; definition of; habeas corpus suspended under martial law; only by the executive. Martin vs. Mott Wheaton case of cited. Massachusetts, business corporations act; body of liberties. Material men (see Labor). Meats, servants to eat more than once a day. Mechanics' liens, legislation concerning. Mercantile system, recognized in the statutes of the early fourteenth century. Mercenary soldiers, first employed against Jack Cade. Merchant adventurers incorporated in 1565; charter of. Merchant tailors' case. Merchant (see Statute). Merchants (see Trade), rights of under Magma Charta; rights of in England early recognized; liberties of reaffirmed in statute of York; free to come and move in England; freedom of in England by statute of York; liberties of in statute of 1340; safety of in England guarded by legislation; having goods to the value of five hundred pounds may dress like gentlemen; may freely trade in England and carry goods out of the realm; may ship in foreign ships. Meyer, Dr. Hugo R., quoted. Middlemen (see Regrating), nearly all regraters; laws against; forbidden by law of King James; modern statutes aimed at; need of legislation against. Military law (chapter relating to, chapter XIII), does not exist under English ideas; complained of in petition of right. Military service, chapter concerning, chapter XIII; early objections to; law of; done away with in England; should be subordinated to civil power. Militia, the natural defence of a free State; power of, to enter houses, etc.; to suppress riot; a proper defence, etc.; companies not under government control unlawful (see Political). Militia law, new acts concerning; exemption of labor unions from. Milk universally forestalled and regrated in American markets. Mills, tolls of, always regulated. Mines, labor in, hours, etc.; company stores. Minimum wage laws (see Wages). Mining companies may have eminent domain. Minor vs. Happersett Wallace case cited. Miscegenation, made unlawful by custom; may be forbidden by statute. Mobs (see Riots), mob laws, chapter concerning, chapter XIII; prevention of by recent statute; counties or cities liable for damage; damages by, considered in Pittsburg riots; modern statute against. Monasteries, first suppressed 1535; dissolution by Henry VIII. Money, statute of; forbidden to be carried abroad in 1335. Money bills, the province of the lower house. Mongolians, legislation against. Monopolies, abuse of, first appears in statute of 1514; growth of; statute of; growth of feeling against under Elizabeth and James; great case of. Monopoly (see Trusts), doctrine foreshadowed in Magna Charta; principle of, makes combination unlawful; still our common law; first formal complaint by the commons, 1571; history of agitation against; statute of 1623; under Charles I; early legislation in the interest of the consumer; staples tending to abolished; of foreign trade frequently granted by Elizabeth; statute of; frequently if not usually given in franchises to corporations; no objection to in foreign trade; corporations invented to gain; general discussion of, chapter IX; rates of, may be regulated; test of unlawful monopoly; in trust cases; of corporations; how far to be permitted. Mormonism (see Polygamy), not permitted by the Constitution; agreement to abolish not binding on the State. Mortgages (see Foreclosure), foreclosure of, difficult in United States; modern legislation in United States impairs security of. Municipal government (see Government), tendency of. Municipal socialism, modern tendency; tendency to decrease; of street railways unconstitutional; of telephone lines permitted; of gas, water, oil, tramways, etc.; of coal yards, unconstitutional; of any public utility in Missouri. Municipal trading (see Socialism); elections. Munn vs.. Illinois U.S. case cited. Murder, trial of clerks for; civil damages for. Mutiny Act in England.

Nationalism (see Socialism). Natural rights (see Liberty, Freedom, etc.). Naturalization of socialists, etc.; of aliens, Mongolians, negroes, etc. (see titles). Negotiable, meaning of word; what documents are; modern legislation increasing number of; uniform act. Negroes, our treatment of in the past; Africans may be citizens; general analysis of legislation; their political and social relations; in labor; sexual relation; in criminal law; their property rights; in life-insurance matters; their treatment in hotels, jails, etc.; their disfranchisement in the South; a misdemeanor in South Carolina to serve meals to blacks and whites in the same room. Negro labor (see Peonage); suffrage. New ordinance of Edward II enacted 1311, revoked 1322. Newspapers, legislation of, relief from libel law. New York, constitutional amendment concerning public work. Nomination, direct; papers. Norman law, substantially Roman; law brought to England by the Normans. Normans, their notion of law; of sovereignty; murder of (see Englishry). Northampton, statute of. Northern Securities case U.S. 177. Norwich tailors, case of, cited. Nuisances (see Police Power), modern legislation declaring; recent statutes against. Nurses, trained, may be privileged. Nursing of children by Irish nurses forbidden.

Oath (see Religious Tests). Obstruction of mails and interstate commerce. Ocean (see Sea). Oklahoma, labor legislation of discussed; capital of must not be removed under enabling act. Old-age pensions, German. Oleomargarine, legislation concerning. Onslow, Speaker, tells Elizabeth that she is subject to the common law. Oppression (see Conspiracy, Boycott), antiquity of. Ordeal, trial by abolished by Lateran Council. Ordinance (see New Ordinance) of a city. Oregon, the effect of the initiative in. Organized labor (see Labor Unions). Osteopaths, laws concerning; statutes permitting practice of. Outlawry (see Unwritten Law), early method of enforcing law; result of personal enforcement of law when mistaken. Output, limitations of, unlawful (see Restraint of Trade, Trusts).

Parent and child, early control of, by church. Parents (see Husband and Wife). Parks (see Eminent Domain). Parliament (see also Legislature), early function purely judicial; retains the right to tax; early history of, its attempt to recover legislative power; the source of supply; judicial power of; taxation powers of; origin of; word not used in Magna Charta; first represented in; word first used in 1275; first "model" sat in 1295; to be held once or twice in the year A.D. 1311; must be annual; claims the right to ratify treaties; to be consulted on war; rarely summoned under Henry VIII; the Barebones; single chamber under Cromwell; the rump; (see House of Commons). Parole (see Crime); new laws concerning. Patents (see Monopolies) regulated by statute of monopoly. Paupers (see Poor Laws). Peachy's monopoly case. Peers (see House of Lords) may not speak in elections. Penology, principles of. Pensions, by way of exemption from taxation; vast increase of in United States; to Confederate soldiers; discussion of. Peonage laws, etc.; cases. Perrers, Alice, legislated against; women may not be lawyers. Personal government under Henry VIII; struggle for. Personal liberty, Anglo-Saxon idea of; English idea of; recognized in Magna Charta; in labor contracts. Personal property (see Property). Personal rights, chapter relating to, chapter XVI. Petition of the Commons to Parliament not received. Petition of Right, its bearing upon standing armies, etc.; right to. Petrie, Flinders, quoted. Philadelphia railway strike. Philip and Mary, legislation of. Photographs, legislation to prevent. Physicians, may be compelled to testify; privilege of. Picketing, statute against; in modern English legislation; by modern American statutes. "Piece work," work by contract, first permitted by a statute of 1360. Pinkerton men, laws against; armed guards forbidden in Oklahoma; armed guards permitted in Europe; legislation against. Pins must be double headed and have the heads fast soldered. Pittsburg, riots in. Plague (see Black Death). Players (see Actors). Police power, as controlling property; legislation concerning; definition of; increased legislation in; growth of boards and commissions; definition of by Shaw, C.J.; history of; extends to offensive trades, smells, or sounds but not sights; as to sweat-shops, tenements; no limit to; legislation based on moral reasons; sanitary laws; for safety of public; as to nuisances; prohibition of self-regardant acts; pure food laws; factory acts, etc.; chapter concerning, chapter XVIII. Police protection, guaranteed by liability of the hundred or county; the power; modern extension of. Political rights, chapter concerning, chapter XIV, as to militia duties; interference with. Polygamy not guaranteed by the right to free religion. Pooling of bids in public work unlawful. Pools, unlawful (see Trusts). Poor laws, first origin in England, A.D. 1388; of Elizabeth. Poor, support of, in towns where born, 1388; support of, the duty of the State. Pope, powers of in England; authority of extinguished in England, 1535; referred to as Bishop of Rome; may no longer appoint bishops; Henry VIII becomes head of the church A.D. 1534; forbids attendance at English church A.D. 1566. Popular assemblies originally included all fighting men. Popular legislation under Cromwell. Precedent, the true value of. President, proclamations as to tariff, constitutionality of discussed; the commander-in-chief of the army. Press (see Freedom of Press). Presser vs. Illinois U.S. case cited. Price, prices (see Tolls, Wages, etc.), the fixing of, early regulation of; fixing of by combination early unlawful except when approved by chancellor; fixing of tried and abandoned in the early Middle Ages; regulation of definitely abandoned, 1389; selling at unreasonable profit forbidden; iron regulated; of poultry fixed in 1363 by reason of the great dearth; regulation of generally, chapter IX, fixing of unlawful, modern statutes; older statutes. Price of bread. Primaries, direct, etc.. Primogeniture abolished in United States. Privacy, right to vindicated under police power; right to. Private armed guards (see Pinkerton Men), prohibited. Private property (see Property), socialists' attack on. Privilege (see Class Legislation), given by recent legislation to certain classes; of physicians, etc., in giving evidence. Probate (see Administration), jurisdiction of in courts. Probation (see Crime). Procedure, legislation concerning; in the courts. Professions, examinations for. Profit-sharing, miscellaneous matters, etc.. Prohibition laws, effects of; movement for discussed; laws made self-regardant actions a crime (see Intoxicating Liquors); tendency to State-wide. Property, private; growth of among children; descent of; personal recognition of in early English statutes; exists only by the law; real, preceded personal property; personal, early protection of; rights of as recognized in Magna Charta; qualifications A.D. 1430; American legislation concerning, chapter VII, rights of simple; rights to; a constitutional right; not a natural right; the creature of law; rights to recognized in Magna Charta; in American constitutions; word first used in Virginia Bill of Rights; natural right to; recognized in State constitutions; attacks upon by legislation; personal taxation of. Protection (see Tariff). Protector, power of, exceeded the king's. Protective tariff (see Tariff). Public administrators, abuse of. Public domain, chapter concerning, chapter XIX. "Public Interest" (see Granger Cases, Rates). Public service corporations, rates may be regulated; distinguished from other corporations in modern statutes. Public work (see Wages), definition of. Pullman Company, strike at. Punishment (see Fines), must not be cruel or unusual; reform in. Pure-food laws, first example of in Assize of Bread and Beer A.D. 1266; applying to grain, meat, fish; selling unwholesome meat severely punishable in early England; American laws; history of; in States; matters to which they apply; effect of; history of; the Federal act; Pure food and drug laws, their criminal side. Purple the color of royalty. Purveyors (see Supplies), royal, might seize property.

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