VIII. REGULATION OF RATES AND PRICES

    Laws Fixing the Rate of Wages; Wages in Public Work; Logic of
    Rate Regulation; The Granger Cases; Theory of Rate Regulation;
    Regulation by the States; Constitutional Difficulties of Rate
    Regulation; The Railway Rate Act of 1910; The Long and Short Haul
    Clause.

IX. TRUSTS AND MONOPOLIES

    The Trusts at Common Law; The Sherman Act; State Laws Against
    Trusts; Federal Incorporation; Other Remedies of the States; Class
    Legislation and Organized Labor; Recent Decisions and Laws Against
    Trusts; Constitutional Provisions Against Trusts; Growth and
    Decline of Anti-Trust Legislation; Best Remedy for Trusts; Only
    Three Courses Possible; Centralization and Federal Control.

X. CORPORATIONS

    History of Trading Corporations; Two Theories of Corporation Law;
    The Massachusetts Commissioners' Report; The Payment Up of Stock;
    The Massachusetts Law; The "Business Corporation" Act; Corporation
    Laws of All the States; Publicity and Other Remedies; Laws
    Regulating "Holding" Companies and Stock Ownership by
    Corporations; Corporations of Other States; States May Exclude;
    Summary of the Trust Question; Public Service Companies.

XI. LABOR LAWS

    English Law Does not Enforce the Labor Contract; Freedom to
    Trade and Labor; Sources of Reform Legislation; Constitutional
    Difficulties; Minimum Wage Laws; The Rate of Wages in Public Work;
    Equal Wages for Women; The New York Constitutional Amendment;
    Hours of Labor Laws for Men; Hours of Labor Laws for Women;
    Prohibited Employments to Women; Hours of Labor of Children; Laws
    of All the States To-day; Hours of Labor in Factories, etc.; Child
    Labor Prohibited; Hours of Labor in Mines; Age Limit for Child
    Labor, Dangerous and Immoral Trades, Protection of Young
    Girls, Labor in Mines, Hours of Labor in Peculiar Trades, The
    Constitutional Difficulty, Farms and Domestic Labor, Continental
    Legislation, Sanitary Restrictions on Female Labor, Sweatshop
    Laws, The Factory Acts, Employers' Liability, Anti-Truck
    Legislation, Factory Stores and Dwellings, Benefit Funds and
    Compulsory Insurance, The Régime of Contract, Compulsory Labor and
    Peonage, Statutes Against Intimidation, Blacklists, Picketing,
    Armed Guards, Political and Militia Duties, Miscellaneous Matters,
    Profit-Sharing, etc., Discrimination Against Union Labor, Twenty
    Years of Labor Legislation, Foreign Labor Legislation, Employers'
    Liability, Old Age Pensions, Minimum Wage Laws, Co-operation and
    Profit-Sharing, Arbitration Laws, Labor Legislation in Europe.

XII. COMBINATIONS IN LABOR MATTERS

    The Law of Combination and Conspiracy, Intent the Test, The
    English Conspiracy Act, Modern Reforms Desired by Organized Labor,
    Boycotts and Blacklists, Intimidation, Interference with Political
    Rights, The Oklahoma Labor Code, European Law of Combination.

XIII. MILITARY AND MOB LAW, AND THE RIGHT TO ARMS

    The Right to Civil Law, Martial Law, Military Law, The Right to
    Arms, Military Service, The Struggle Against Martial Rule in
    England, Standing Armies, Mobs, Riots, Lynching, The Use of the
    Army in Labor Troubles,

XIV. OF POLITICAL RIGHTS

    The Right to Assembly and Free Elections; The Suffrage, 28;
    The Force Bills; Interference with Voting; Bribery and Corrupt
    Practices; Lobbying Acts; The Form of the Ballot; Direct Primaries
    and Nominations; The Distrust of Representative Government;
    Corrupt Elections Laws; Direct Election of U.S. Senators; Women's
    Suffrage; Municipal Elections, The Initiative, Referendum, and
    Recall; The Judicial System.

XV. OTHER LEGISLATION AFFECTING INDIVIDUAL RIGHTS

Freedom of Speech and of the Press; The "Unfair" List; Prohibition of Anarchistic Propaganda; The Right to Privacy; Search Warrants and Self-Incrimination; Religious Rights.

XVI. LEGISLATION CONCERNING PERSONAL AND RACIAL RIGHTS

    The Race Question; Races Capable of Citizenship; The War
    Amendments and Their Effect; The Negro's Social and Property
    Rights; The Privileged Classes.

XVII. SEX LEGISLATION, MARRIAGE AND DIVORCE

A Woman Is a Citizen; Her Right to Labor and Property; Marriage, Divorce, and Children; Women in Politics and Education; Reform of Divorce Procedure; Uniformity of Law in Divorce; The Secular Law in Sexual Matters; Marriage a Contract; The "Single Standard" and Free Divorce; Control of Marriage by the State; Recent Legislation; Radical Statutes in Sexual Matters; Legal Separation; The Married Woman's Privileges; The "Age of Consent"; Female Suffrage by Property-Owners; Kidnapping, Curfew, Rape; Statistics of Divorce; Industrial Liberty of Women; Female Labor in England and U.S.A.

XVIII. CRIMINAL LAW AND POLICE

    Common Law Prevails; New Crimes and Penalties; Self-Regardant
    Actions; Reform in Punishment; Procedure in the Courts; Lynching
    and Mob Law; Interstate Commerce in Liquor, etc.; Physicians'
    Privilege; Prohibition Laws; City Ordinances; Juvenile Courts and
    Laws; Present Needs.

XIX. OF THE GOVERNMENTAL FUNCTION, INTERNAL IMPROVEMENTS, AND THE PUBLIC DOMAIN

    Government by Commission; Taxes, Debt, and Franchises; Municipal
    Socialism; Internal Improvements; State Farms and Forests;
    Education; Taxation and State Aid; Present Questions.

XX. FINAL

    The Form of Our Statutes; Need of Authorized Revisions; Reforms
    Recommended; Indexing and Arrangement; Need of a Parliamentary
    Draughtsman; Recommendations of the State Librarians; Purpose of
    this Book.

INDEX

POPULAR LAW-MAKING

I

THE ENGLISH IDEA OF LAW

My object in the lectures upon which this work is based was to give some notion of the problems of the time (in this country, of course, particularly) which are confronting legislators primarily, political parties in the second place, but finally all good citizens. The treatment was as untechnical as possible. The lectures themselves were for men who meant to go into business, for journalists, or political students; a general view—an elemental, broad general view—of the problems that confront legislation to-day. So is the book not one for lawyers alone; it seeks to cover both what has been accomplished by law-making in the past, and what is now being adopted or even proposed; the history of statutes of legislation by the people as distinct from "judge-made" law; how far legislatures can cure the evils that confront the state or the individual, and what the future of American legislation is likely to be.