Popular Law-making
by
Frederic Jesup Stimson
Part 7 out of 8
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whatever, and quite a number do not publish their constitutions!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, 16_a_, 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.
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