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 ofGovernment).Democracy, legislation of.De odio et atia, writ of, explained in statute of WestminsterII.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of food stuffs highly criminal by early law.Diet and apparel (see Sumptuary Laws),laws concerning soon repealed,Direct legislation (see Referendum),nominations;primaries;elections;taxes (see Taxation).Discharge, reason of, must be stated by employer.Discrimination,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 shipsDogberry, 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 forprotection, not for revenue alone, are constitutional;"new" customs forbidden in 1309;suspension of all duties in 1309 in order to see what theeffect is upon the people's prosperity;"new" customs again abolished, saving only the duty on wool orleather;only to be paid upon goods actually sold in England, not upon goodsexported;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 statuteof 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 inOklahoma, etc.England, statutes of, enforced inUnited 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 statuteagainst;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 byquowarranto;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,writde odio et atiasuspension 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 fromself 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, chapterXV.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 nextyear;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 (seeNorwich) 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.
Kellervs.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 (seeHours 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 writsde odio et atiaand 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 (seeCorporation). Liquor (see Prohibition), interstate commerce in; (seeIntoxicating 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. Martinvs.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. Minorvs.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. Munnvs.. 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 whitesin 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 caseU.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 (seeTrusts). 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 (seeFreedom of Press). Presservs. Illinois U.S. case cited. Price, prices (seeTolls, 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.
Quia emptores, statute of.Quo warranto, statute of, 1289.
Race legislation as to labor; question. Racial rights, chapter concerning, chapter XVI, question on labor matters. Railroads (see Rates), steam, bonds for voted by cities, counties, etc.; interstate commerce power over rates; hours of labor on. Railways, street, abutters' consent necessary for franchise. Rape, made criminal at common law by statute Westminster I; made a capital offence in 1285; penalty made death in the South as at common law; rigor of the common law preserved. Rates (see Extortion, Discrimination), must be reasonable at common law; of public service companies must be uniform; regulation of generally, chapter VIII, of railways; "granger" laws; by State commissions; clash between State and Federal governments; what are reasonable; of gas, water, light companies, etc.; need not be uniform; modern examples of; reason for regulation of; in foreign countries; railway rate act of 1910; the long and short haul clause. Raw material, laws against export of, common in England. Real property, real estate (see Property). Recall, the, a new reform. Recommendations, of servants, etc. (see Black List), have early origin in England. Referendum (see Initiative), modern movement for; in case of franchise. Reform, movements of, in nineteenth century. Regrating (see Forestalling, Middle Men), first statute against; definition of; of fish and wool forbidden under Henry VIII; of butter and cheese forbidden under Edward VI; of coal forbidden; final definition of; in early Greece by trusts; especially obnoxious in early England. Religion, religious liberty guaranteed first under Cromwell, except as to papists; of Jesus Christ furthered. Religious tests; rights under American Constitution; as to instruction in public schools; as to taxation. Rents in staple towns must be reasonable. Reporters, newspaper, privilege of. Representative government, and the right to law; origin of; peculiar to Anglo-Saxon people; origin of, in England; in America; distrust of. Republican form of government. Reputation, right to. Restraint of trade (see Forestalling, Trusts, Monopoly), general, discussion chapter IX, doctrine of foreshadowed in Magna Charta; origin of doctrine; instance of; still our common law; expression first used in 1436; double damages for, recognized in statute of York; an element of "Trusts"; under the Sherman act; the Massachusetts statute. Retail (see Wholesale). Retailing by countrymen forbidden in towns by statute of Philip. Retainers, feudal, laws against. Revenue bills (see also Money Bills); must originate in lower house, A.D. 1407. Revenue officers may not meddle with the goods of travellers under pain of quadruple damages and imprisonment. Revisions, need of authorized. Rexvs.Crispe, monopoly case. Richard I imposes taxes to pay for crusade. Richard II, legislation of; all his laws declared to be permanent; their repeal declared to be high treason; the following year they were all repealed under Henry IV. Right to privacy (see Privacy). Rights, indefinite. Riotous assemblies, laws against. Riots (see Injunctions), law against under Henry V; suppression of by common-law courts in chancery; use of executive power to suppress, dates from 1414; use of chancery power permitted; law of 1495; punishment of by Star Chamber; act of Edward VI; counties liable for damages in 1285; European law of; Star Chamber's authority over; duty of by-standers. Rivers, pollution of, regulated as early as Henry VIII. Roads (see Internal Improvements). Roman law, distinct in two great principles from English law; individual liberty and law-making by the sovereign; an order to the subject; protest of barons against, A.D. 1383; forbidden to be cited in the courts. Rome, Church of (see Church, Canon Law, Pope), high-water mark of domination over England in 1213.
Sack (see Wine). Sacraments, jurisdiction over in church alone. Sales in bulk prohibited. Sales, uniform law of; sales at less than cost forbidden. San Francisco earthquake, martial law in. Saxon (see Anglo-Saxon). Schools, to be no religious instruction in; appropriations may be divided. Scotchmen banished from England. Scots to depart realm within forty days. Scott, Laura, her report upon child labor. Scutage, the beginning of taxation; tax or money paid in lieu furnishing men-at-arms; replaced military service. Sea, navigation of, free to all English (see Monopoly). Seamen, imprisonment of, statute against under Cromwell. Search, right of, denied. Seduction, injunction issued against; of service; action for. Segregation of races; of sects. Senators, United States, direct election of. Separation, legal (see Divorce); may exist without divorce; of the powers (see Three Functions of Government). Serfs (see Villeins). Servants, regulation of in early England; laws affecting in early England, had to give notice, etc.; regulation of food and clothing. Sewerage (see Drains). Sex legislation, chapter concerning, chapter XVII, limitations in industry; relations formerly the province of the church. Sexual questions (see Woman's Rights, Married Women, etc.), offences made secular crimes. Sherman act (see Trusts), precedent in statute of monopoly; enacted 1890; meaning of; still uncertain. Ships, principle restricting merchants to domestic ships very old. Shirts may not be "pinched". Shoes, long pikes to, forbidden. Signs (see Trades), public, may not be regulated under police power. Silver, payment in, may not be refused. "Single standard" and free divorce. Sins, the province of the church courts; distinction of from crime; legislation against common under James I. Slander, made criminal act at common law by Westminster I; and libel, legislation relating to; of women made a crime. Slavery, in England; distinction between, and labor; thirteenth amendment is self-executing. Smoke, laws against. Socage, free and common, abolished in United States. Socialism (see Anarchism, Individualism), allowable, definition of; those professing may not be naturalized; is it compatible with a republican form of government; helped by women's suffrage movement; municipal. Socialists, may be denied immigration. Society, possible systems of, described. Soldiers and sailors (see Pensions), to be treated free. Southwark, inhabitants of, declared to be thieves, men and women. Sovereign, the king under Norman ideas. Sovereignty, in the legislature; in Parliament. Spain, war veterans of, pensions, etc. Spanish war (see Veterans of) Special courts declared odious. Specific performance of labor contracts. Speech (see Free Speech) Spence quoted. Stage players (see Actors) Stamford, statute of. Standard Oil Trust; legality of. Standard wage (see Wages), principle gives place to modern principle of living wage. Standing armies, origin of; early objections to; forbidden in Bill of Rights; first established in England under Charles II. Staple (see Forestalling), definition of; abolished beyond the seas; generally abolished in 1340; last statute of 1353; extends to wool, leather, hides, and lead; statute of re-enacted in 1354. Star Chamber (see Chancery, Riots) abolished under Charles I. State aid, to railroads; to industries; present questions. State and Federal questions (see Centralization). State legislation, early increase of; the Constitution. State regulation of rates (see Rates). State, general powers of; may not engage in any internal improvements or industry; rights and powers of as to corporations; State socialism, whether compatible with the Constitution. Statute (see Statutes, Common Law), modern notion of; earliest social; why more democratic than the common law, (For special statutes, see their titles) Statute, law, modern importance of. Statute merchant 1285. Statutes, the subject of this book; are comparatively recent; making law a new discovery; declare the law; importance of in modern times; our study sociological; early nature of; early English, what are in force in the United States; began to be in English A.D. 1463; when should be unconstitutional; limitations upon individualism; proper classification of; form of; no authenticated revision usually; present functions; method of enacting; many laws of doubtful authority; lack of official publication; need of scientific draftsmen; reforms recommended; indexing and arrangement; final discussion of the system of statute-making; difficulty of interpreting; their general uncertainty; Statutes of the realm, the earliest sociological statute about 1100; Stevenson, G.T., quoted; Stock certificates, not negotiable; Stock Exchange, rules of, customary law. Street Railways (see Municipal Socialism) Streets, use of, by railways subject to vote of abutters. Strikes (see also Conspiracy), early law of; once unlawful in England; never unlawful in America; modern statutes concerning; European law of; illegal under a lawful wage; participation of employees in; notice of by employers required in modern statutes; lawful in France; use of Federal courts in, Stubbs, on early English legislation. Succession taxes, history of; common, now in all States; Federal tax repealed; may be graded. Succession (see Interstate). Suffrage (see Women's Suffrage, Elections), qualifications for; reforms in; disqualification of public servants; "grandfather clause"; property and qualification legislation. Sugar Trust cases. Sumptuary laws, in early England; statutede cibariis; courses at dinner regulated by law; diet and apparel; statute of A.D. 1463, prescribing apparel; women not to wear hose to the value of more than fourteen pence. Sunday laws, tendency to abolish; barbers may not shave on Sunday. Supplies, seizure by the king forbidden. Sweatshop, definition of; laws regulating; bakeries, cigar, clothing, artificial flowers, etc., trades principally regulated; laws concerning.
Taff Vale case, legislation against. Taft, railway rate bill; court of commerce criticised; Federal incorporation; judicial reforms. Tail (see Entail). Tariff, constitutional objection to; increased cost to the people recognized by statute of 1309. Tariff laws, effect upon engrossing and monopoly; early history of. Taxation (see Taxes), origin of in England; must be by common consent; general taxation first, in Saladin tithe; must be for common benefit; for public purposes; first taxation on personal property in 1188; by common consent omitted from later charters; principle of consent restored in confirmation of charters; a usual method of invading property rights; never direct in England; history of; exemption from as to certain industries; possibly unconstitutional; extent of in the United States; laws limiting tax rate; must be proportional under State constitutions; burden of in United States; double taxation; graduated taxation; commissions to study; as a function of government; final discussion of; graded taxation; income inheritance tax; principles of taxation; bounties. Taxation without representation; the earliest constitutional principle. Taxes (see Betterment Taxes), early, in England paid by furnishing men-at-arms; later transformed into scutage, a money taxation; first voted by Parliament; heavy taxes upon personal property under Henry VII; amount of frequently limited by modern statute; income taxes; assessment and collection of in America; legislation concerning; inheritance taxes; on trades and callings; license common in South; betterment, reason for; double taxation; rate of limited by statute; limited by law in South and West. Telegraph, hours of labor in. Tenures (see Land). Thames, preservation of. Theatrical employment of children, etc.. Threefold necessity, the. Three functions of government, origin of; American co-operation of powers; does not exist in England; in the States. Tips (see Commissions), forbidden; laws against. Tobacco (see Sumptuary Legislation), forbidden to plant in England under Cromwell. Tolls (see Rates), must be reasonable under Magna Charta; under statute Westminster I. Towns, citizens of, first represented in Parliament of 1264 (see Government). Townsend, Meredith, quoted. "Trade Boards Act" of Edward VII. Trades (see Restraint of, Freedom of), withdrawing one's self from (see Boycott, Conspiracy), lawful in individuals but not in combinations; right to early established in England; made generally free under Elizabeth; freedom of extends to the Jews; in more than one commodity forbidden A.D. 1360; law repealed the following year; freedom of triumphantly established in fourteenth century; restrictions begin to disappear under Elizabeth; license for necessary in many States; Trade Disputes Act, the English, 1906 (see Conspiracy); trade guilds (see Guilds) recognized in modern German legislation; licenses for may be required. Trades, men forbidden to use more than one (see Signs); license taxes for; examination for (see Taxation). Trades-unions, once unlawful in England; never unlawful in America; early law of; punishment for joining; early combinations of forbidden; convictions for joining; European law of; Norwich tailors' case; condition not to join made unlawful. Trading corporations, the first. Trading stamps, use of, forbidden. Transfers of stock, laws regulating. Travel, right to. Treason. Trial by jury, origin of; by battle; by compurgation. Truant laws. Trust certificate, unlawful. Trust receipts, laws of. Trusts (see Conspiracy, Monopoly), chapter concerning, chapter IX; origin of common law making them unlawful; at common law; early English statutes relating to; laws against always connected with laws directed against combinations of labor; punishment of by removal of tariff laws; taxation on franchise of; American statutes against unnecessary except to apply common-law principles to interstate commerce; and labor combinations; earliest use of word; invention of; earliest State legislation; the Sherman act; Federal supervision; State laws against; exemption of laborers and agricultural products; as affected by corporation laws; early combinations in Athens; coal, milk, etc.; question of intent; modern legislation largely unnecessary; voting trusts; legislation against in 1890; review of modern legislation; definitions of the trust; State statutes; may not enforce contracts or collect debts; recent laws more intelligent; constitutional provisions against; volume of legislation; the problem analyzed; history and summary. Tyler, Watt, rising of. Tyndale's translation of the Bible under Henry VIII.
Unconstitutional laws (see Constitution), tendency to enact; true reason for. "Unfair competition," modern legislation against; definition of. Unfair list, the right to publish, discussed. Uniform law, commissioners on. Uniform laws, already recommended; as to bills and notes; weights and measures. Uniformity of law, work of commissioners. Union labor (see Trades-Unions); no condition to be made concerning; discrimination against; special privileges of in legislation. United States Industrial Commission, report on trusts. United States senators, direct election of. Universities, State, exist in nearly all States.
Vagabonds, early statutes against;and Idlers;punishment of rogues and sturdy beggars;severe statutes against under Elizabeth.Vessels (see Ships).Veterans, of the Spanish war, to be preferred in civil service inEngland under Cromwell;in the United States;preference legislation.Victuals, statute of (see Assize of Bread).Villeinage, finally abolished for money compensation;laws mentioned under Elizabeth.Villeins, in early England had no property;early condition of;made free when they seek refuge in towns;manumitted by Henry VIII.Vote, right of employees to, in modern statutes.Voters, qualifications of;property qualifications under Cromwell (see Suffrage).
Wages, early regulation of; highest in early England; fixed by the statute of laborers; must be at customary rate in early England; standard fixed; fixed semi-annually in England; repeated demands to fix by law and continued punishment of extortion; rates of fixed in New York; litigation caused by such legislation; rate of again fixed in 1388; attempt to regulate by law again abandoned, 1427; maximum price again fixed in 1444; again fixed, 1495; most elaborate fixing, 1514; in New Zealand and Austria; in England; in New York, Indiana, etc.; in public work; fixed by town vote; minimum wage in Hawaii; Nebraska and Nevada; forbidden by Louisiana Constitution; claims for preferred in insolvency, etc.; wage legislation in modern times; in towns by vote; of public labor; New York amendment; fixed by modern statutes in England, New Zealand, etc.; Plymouth case; effect of minimum wage laws; time and manner of payment, (see Minimum Wage). Wales, joined to England; statute of. War amendments and their effects. Warehouse receipts negotiable. Warrants, general, may not be employed (see Search, Right of). Watch, duties of. Water (see Municipal Socialism), public control of in arid States. Weavers, statute for relief of. Weights and measures, early laws regulating; standard required by statute of York A.D. 1392; American legislation. Welshmen banished from England. Were, meaning of. Were gild, prototype of modern lynching laws. Wessex, early laws of. Westminster I, first statute of. Westminster III, statute ofquia emptores. Wharves, charges regulated in early times. Wheat, price of, regulated, Athens. Whistles, laws against. Whitaker, Dr. F.E., on Athenian corn laws. Wholesale and retail selling recognized as lawful, but not forestalling. Wight, Isle of, to be repeopled with English people. Wilgus, Horace L., on Federal incorporation. William the conqueror, charter to the City of London. Wills, statute of. Winchester, statute of. Wine, or beer, use of never regulated by sumptuary legislation; sweet white wine not to be sold at retail; sweet wine (Spanish?) must be sold at the same price as the wine of the Rhine and Gascony. Witchcraft, first act against under Henry VIII; forbidden by statute of James I. Witenagemot (see also Council), included originally all freemen in England; main function of judicial legislation; little known of in early times; functions of, as a court. Witnesses, number of, limited in criminal cases. Wolstonecraft, Mary, her book discussed. Women, may not practice law; forbidden to read New Testament; might be hanged in early England when men could plead benefit of clergy; suffrage movement, origin of; progress; laws limiting labor of; may not stand; not sell liquor; nor ply street trades; constitutional right to labor; sale of liquor to forbidden; industrial employment of; legislation to protect in industrial matters; their health may be protected by statute; may not work in factories shortly after childbirth; effort to forbid married women from working in factories at all; statutes on employment of in industry; teachers to be paid the same as men (see Married Women). Women's suffrage (see Women), recent progress in; by property owners, etc.; results of discussed; tendency of movement to socialism; votes on matters of finance permitted in some States; constitutional amendments continually defeated; subsidence of agitation over; the right of property owners to vote in money elections. Women's rights, discussed in chapter XVII; in all respects citizens except for voting, holding office, and compulsory service on jury or in the army; may not serve liquor or engage in immoral occupations; may be subject to protective legislation even when over twenty-one; hours of labor may be regulated by law; in property matters same as men; with certain special privileges; political rights; to hold office; female juries; in educational matters; may practice law; may practice medicine; in jails, etc.; are not liable for husband's debts; female labor in England and United States. Wool, early duties on; regulation of trade in; numerous statutes referring to; may not be carried out of England; no clothing made out of England to be worn; trade in made free again; again made a felony to export. Woolsey does not summon Parliament for seven years. Wrecks, definition of by statute of Westminster I; the law of; to be restored to their owners on payment of salvage.
Year Books begin in 1305.York, statute of.
End of Project Gutenberg's Popular Law-making, by Frederic Jesup Stimson