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Popular Law-making by Frederic Jesup Stimson

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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
interference with.
Polygamy not guaranteed by the right to free religion.
Pooling of bids in public work unlawful.
Pools, unlawful (see _Trusts_).
Poor laws, first origin in England, A.D. 1388;
of Elizabeth.
Poor, support of, in towns where born, 1388;
support of, the duty of the State.
Pope, powers of in England;
authority of extinguished in England, 1535;
referred to as Bishop of Rome;
may no longer appoint bishops;
Henry VIII becomes head of the church A.D. 1534;
forbids attendance at English church A.D. 1566.
Popular assemblies originally included all fighting men.
Popular legislation under Cromwell.
Precedent, the true value of.
President, proclamations as to tariff, constitutionality of discussed;
the commander-in-chief of the army.
Press (see _Freedom of Press_).
Presser _vs_. Illinois
case cited.
Price, prices (see _Tolls, Wages, etc._), the fixing of,
early regulation of;
fixing of by combination early unlawful except when approved by
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
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
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;
Racial rights, chapter concerning, chapter XVI, question on labor
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
origin of doctrine;
instance of;
still our common law;
expression first used in 1436;
double damages for, recognized in statute of York;
an element of "Trusts";
under the Sherman act;
the Massachusetts statute.
Retail (_see Wholesale_).
Retailing by countrymen forbidden in towns by statute of Philip.
Retainers, feudal, laws against.
Revenue bills (_see also Money Bills_);
must originate in lower house, A.D. 1407.
Revenue officers may not meddle with the goods of travellers under pain
of quadruple damages and imprisonment.
Revisions, need of authorized.
Rex _vs._ Crispe, monopoly case.
Richard I imposes taxes to pay for crusade.
Richard II, legislation of;
all his laws declared to be permanent;
their repeal declared to be high treason;
the following year they were all repealed under Henry IV.
Right to privacy (_see Privacy_).
Rights, indefinite.
Riotous assemblies, laws against.
Riots (_see Injunctions_), law against under Henry V;
suppression of by common-law courts in chancery;
use of executive power to suppress, dates from 1414;
use of chancery power permitted;
law of 1495;
punishment of by Star Chamber;
act of Edward VI;
counties liable for damages in 1285;
European law of;
Star Chamber's authority over;
duty of by-standers.
Rivers, pollution of, regulated as early as Henry VIII.
Roads (_see Internal Improvements_).
Roman law, distinct in two great principles from English law;
individual liberty and law-making by the sovereign;
an order to the subject;
protest of barons against, A.D. 1383;
forbidden to be cited in the courts.
Rome, Church of (_see Church, Canon Law, Pope_), high-water mark
of domination over England in 1213.

Sack (_see Wine_).
Sacraments, jurisdiction over in church alone.
Sales in bulk prohibited.
Sales, uniform law of;
sales at less than cost forbidden.
San Francisco earthquake, martial law in.
Saxon (_see Anglo-Saxon_).
Schools, to be no religious instruction in;
appropriations may be divided.
Scotchmen banished from England.
Scots to depart realm within forty days.
Scott, Laura, her report upon child labor.
Scutage, the beginning of taxation;
tax or money paid in lieu furnishing men-at-arms;
replaced military service.
Sea, navigation of, free to all English (_see Monopoly_).
Seamen, imprisonment of, statute against under Cromwell.
Search, right of, denied.
Seduction, injunction issued against;
of service;
action for.
Segregation of races;
of sects.
Senators, United States, direct election of.
Separation, legal (_see Divorce_);
may exist without divorce;
of the powers (_see Three Functions of Government_).
Serfs (_see Villeins_).
Servants, regulation of in early England;
laws affecting in early England, had to give notice, etc.;
regulation of food and clothing.
Sewerage (_see Drains_).
Sex legislation, chapter concerning, chapter XVII, limitations in
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
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
those professing may not be naturalized;
is it compatible with a republican form of government;
helped by women's suffrage movement;
Socialists, may be denied immigration.
Society, possible systems of, described.
Soldiers and sailors (_see Pensions_), to be treated free.
Southwark, inhabitants of, declared to be thieves, men and women.
Sovereign, the king under Norman ideas.
Sovereignty, in the legislature;
in Parliament.
Spain, war veterans of, pensions, etc.
Spanish war (_see Veterans of_)
Special courts declared odious.
Specific performance of labor contracts.
Speech (_see Free Speech_)
Spence quoted.
Stage players (_see Actors_)
Stamford, statute of.
Standard Oil Trust;
legality of.
Standard wage (_see Wages_), principle gives place to modern
principle of living wage.
Standing armies, origin of;
early objections to;
forbidden in Bill of Rights;
first established in England under Charles II.
Staple (_see Forestalling_), definition of;
abolished beyond the seas;
generally abolished in 1340;
last statute of 1353;
extends to wool, leather, hides, and lead;
statute of re-enacted in 1354.
Star Chamber (_see Chancery, Riots_) abolished under Charles I.
State aid, to railroads;
to industries;
present questions.
State and Federal questions (_see Centralization_).
State legislation, early increase of;
the Constitution.
State regulation of rates (_see Rates_).
State, general powers of;
may not engage in any internal improvements or industry;
rights and powers of as to corporations;
State socialism, whether compatible with the Constitution.
Statute (_see Statutes, Common Law_), modern notion of;
earliest social;
why more democratic than the common law, (For special statutes, see
their titles)
Statute, law, modern importance of.
Statute merchant 1285.
Statutes, the subject of this book;
are comparatively recent;
making law a new discovery;
declare the law;
importance of in modern times;
our study sociological;
early nature of;
early English, what are in force in the United States;
began to be in English A.D. 1463;
when should be unconstitutional;
limitations upon individualism;
proper classification of;
form of;
no authenticated revision usually;
present functions;
method of enacting;
many laws of doubtful authority;
lack of official publication;
need of scientific draftsmen;
reforms recommended;
indexing and arrangement;
final discussion of the system of statute-making;
difficulty of interpreting;
their general uncertainty;
Statutes of the realm, the earliest sociological statute about 1100;
Stevenson, G.T., quoted;
Stock certificates, not negotiable;
Stock Exchange, rules of, customary law.
Street Railways (_see Municipal Socialism_)
Streets, use of, by railways subject to vote of abutters.
Strikes (_see also Conspiracy_), early law of;
once unlawful in England;
never unlawful in America;
modern statutes concerning;
European law of;
illegal under a lawful wage;
participation of employees in;
notice of by employers required in modern statutes;
lawful in France;
use of Federal courts in,
Stubbs, on early English legislation.
Succession taxes, history of;
common, now in all States;
Federal tax repealed;
may be graded.
Succession (_see Interstate_).
Suffrage (_see Women's Suffrage, Elections_), qualifications for;
reforms in;
disqualification of public servants;
"grandfather clause";
property and qualification legislation.
Sugar Trust cases.
Sumptuary laws, in early England;
statute _de cibariis_;
courses at dinner regulated by law;
diet and apparel;
statute of A.D. 1463, prescribing apparel;
women not to wear hose to the value of more than fourteen pence.
Sunday laws, tendency to abolish;
barbers may not shave on Sunday.
Supplies, seizure by the king forbidden.
Sweatshop, definition of;
laws regulating;
bakeries, cigar, clothing, artificial flowers, etc., trades
principally regulated;
laws concerning.

Taff Vale case, legislation against.
Taft, railway rate bill;
court of commerce criticised;
Federal incorporation;
judicial reforms.
Tail (_see Entail_).
Tariff, constitutional objection to;
increased cost to the people recognized by statute of 1309.
Tariff laws, effect upon engrossing and monopoly;
early history of.
Taxation (_see Taxes_), origin of in England;
must be by common consent;
general taxation first, in Saladin tithe;
must be for common benefit;
for public purposes;
first taxation on personal property in 1188;
by common consent omitted from later charters;
principle of consent restored in confirmation of charters;
a usual method of invading property rights;
never direct in England;
history of;
exemption from as to certain industries;
possibly unconstitutional;
extent of in the United States;
laws limiting tax rate;
must be proportional under State constitutions;
burden of in United States;
double taxation;
graduated taxation;
commissions to study;
as a function of government;
final discussion of;
graded taxation;
income inheritance tax;
principles of taxation;
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
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
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.
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
origin of common law making them unlawful;
at common law;
early English statutes relating to;
laws against always connected with laws directed against combinations
of labor;
punishment of by removal of tariff laws;
taxation on franchise of;
American statutes against unnecessary except to apply common-law
principles to interstate commerce;
and labor combinations;
earliest use of word;
invention of;
earliest State legislation;
the Sherman act;
Federal supervision;
State laws against;
exemption of laborers and agricultural products;
as affected by corporation laws;
early combinations in Athens;
coal, milk, etc.;
question of intent;
modern legislation largely unnecessary;
voting trusts;
legislation against in 1890;
review of modern legislation;
definitions of the trust;
State statutes;
may not enforce contracts or collect debts;
recent laws more intelligent;
constitutional provisions against;
volume of legislation;
the problem analyzed;
history and summary.
Tyler, Watt, rising of.
Tyndale's translation of the Bible under Henry VIII.

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

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

Wages, early regulation of;
highest in early England;
fixed by the statute of laborers;
must be at customary rate in early England;
standard fixed;
fixed semi-annually in England;
repeated demands to fix by law and continued punishment of extortion;
rates of fixed in New York;
litigation caused by such legislation;
rate of again fixed in 1388;
attempt to regulate by law again abandoned, 1427;
maximum price again fixed in 1444;
again fixed, 1495;
most elaborate fixing, 1514;
in New Zealand and Austria;
in England;
in New York, Indiana, etc.;
in public work;
fixed by town vote;
minimum wage in Hawaii;
Nebraska and Nevada;
forbidden by Louisiana Constitution;
claims for preferred in insolvency, etc.;
wage legislation in modern times;
in towns by vote;
of public labor;
New York amendment;
fixed by modern statutes in England, New Zealand, etc.;
Plymouth case;
effect of minimum wage laws;
time and manner of payment, (_see Minimum Wage_).
Wales, joined to England;
statute of.
War amendments and their effects.
Warehouse receipts negotiable.
Warrants, general, may not be employed (_see Search, Right of_).
Watch, duties of.
Water (_see Municipal Socialism_), public control of in arid
Weavers, statute for relief of.
Weights and measures, early laws regulating;
standard required by statute of York A.D. 1392;
American legislation.
Welshmen banished from England.
Were, meaning of.
Were gild, prototype of modern lynching laws.
Wessex, early laws of.
Westminster I, first statute of.
Westminster III, statute of _quia emptores_.
Wharves, charges regulated in early times.
Wheat, price of, regulated, Athens.
Whistles, laws against.
Whitaker, Dr. F.E., on Athenian corn laws.
Wholesale and retail selling recognized as lawful, but not
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
suffrage movement, origin of;
laws limiting labor of;
may not stand;
not sell liquor;
nor ply street trades;
constitutional right to labor;
sale of liquor to forbidden;
industrial employment of;
legislation to protect in industrial matters;
their health may be protected by statute;
may not work in factories shortly after childbirth;
effort to forbid married women from working in factories at all;
statutes on employment of in industry;
teachers to be paid the same as men (_see Married Women_).
Women's suffrage (_see Women_), recent progress in;
by property owners, etc.;
results of discussed;
tendency of movement to socialism;
votes on matters of finance permitted in some States;
constitutional amendments continually defeated;
subsidence of agitation over;
the right of property owners to vote in money elections.
Women's rights, discussed in chapter XVII;
in all respects citizens except for voting, holding office, and
compulsory service on jury or in the army;
may not serve liquor or engage in immoral occupations;
may be subject to protective legislation even when over twenty-one;
hours of labor may be regulated by law;
in property matters same as men;
with certain special privileges;
political rights;
to hold office;
female juries;
in educational matters;
may practice law;
may practice medicine;
in jails, etc.;
are not liable for husband's debts;
female labor in England and United States.
Wool, early duties on;
regulation of trade in;
numerous statutes referring to;
may not be carried out of England;
no clothing made out of England to be worn;
trade in made free again;
again made a felony to export.
Woolsey does not summon Parliament for seven years.
Wrecks, definition of by statute of Westminster I;
the law of;
to be restored to their owners on payment of salvage.

Year Books begin in 1305.
York, statute of.

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