IX. LAW AND JURISPRUDENCE

NATHAN ABBOTT

LEGISLATION 1

Acts in aid of conservation of natural resources have been numerous. One in Kentucky providing for instruction in the public school on fire dangers and losses should be mentioned.

Legislative Tendencies.-The legis- | form mainly of employers'-liability lation in the United States during the acts, or of measures improving the year 1916 is of exceptional interest. sanitary condition of the laborer's There is a manifest desire to attain place of working. The Federal act more efficient and economical agencies prohibiting interstate commerce in for governmental administration. The the products of child labor is notable. importance of control over the artistic element in houses and streets is recognized in the establishment of art commissions. The election laws have been amended in important particulars, and in some cases voting by nonresidents has been made possible. The influence of the war in Europe appears in the increase of legislation not only as regards the Army and Navy, but in the extension of military instruction in training in the schools, in provision for military roads, and in enforcement of respect for the national flag. Perhaps the general spirit of the nation is as well reflected in the so-called Stiver's Act in New York (Laws of New York, 1916, Ch. 568) as in any other legislation. By this Act, if after a call for volunteers, there is not a response sufficient to meet the Federal requirements, then the sovereign power of the state is invoked and compulsory military service may be enforced by a draft.

Labor legislation has taken the

1 Certain important subjects of legis

Under the topic of "Property," an act of the Massachusetts legislature (Ch. 108) is given in full below because it is an example of intelligent legislation to remedy an archaic rule of the common law, expressed with a brevity and perfection of style that is highly to be commended.

In this connection reference should be made to a "Legislative Manual,” to contain directions or suggestions for drafting laws, now in process of preparation by a committee of the American Bar Association, a report of which committee appears in the current report of the Association.

Organization and Administration of State Government.-New Jersey. (Ch. 48), to increase the efficiency of the various departments of the state government, makes provision for the exchange of the services of experts in the departments; two or more departments may combine to carry on work germane to both and to divide the expenses rateably. Chapter 15 creates the financial condition of the state a budget system to aid in determining and the necessary appropriations. By Chapter 68 the power to purchase supplies for the state or its departments is vested in a commission; the office of state purchasing agent, with a salary of $5,000, is created to execute the provisions of the Act; an ad

lation omitted from this summary are reviewed in detail elsewhere in the YEAR Book, as follows: agriculture, XVII, Agricultural Legislation; constitutional amendments, VI, Amendments to State Constitutions; criminal law, IX, Criminal Law; labor, XVI. Labor Legislation; penal administration, XV, Penology and Criminology; public utilities, XI, Public Services, and XXI, Railroads and taxation, XI, Public Services. References are given throughout this section to other departments in which specific topics are treated at greater length. The Index should always be consulted for complete references to any particular subject of legislation.

visory board of representatives of the | several state institutions and departments is provided; and all three are to coöperate in carrying out the purposes of the Act. Chapter 84 creates a commission to codify the statutes relating to cities and towns, in the interest of local self-government, and to facilitate future legislation by removing confusion and uncertainty. Virginia (Ch. 199) creates a committee on publications to study the best and cheapest way to publish books used by the various departments and schools of the state (Ch. 211): creates a Commission on Economy and Efficiency to study how the state and local governments can be more efficiently and economically organized and administered; and (Ch. 400) creates an Art Commission to pass upon the purchase or change of works of art for the state. (See also VI, State Administration.)

Maryland (Ch. 560) creates a Department of Law, with the attorneygeneral at its head; he shall advise enumerated boards and commissions, and no other legal adviser may be retained by them. By Chapter 474 the Department of Legislative Reference is required to investigate the laws of Maryland and other states when requested by the governor, members of the legislature, or the head of any state department, and to collect information regarding and to prepare or aid in preparing proposed legislation, and to collate and index all information obtained and have the material accessible to officials and the public. Massachusetts (Ch. 2) requires the consent of the governor and council to an increase in the salary of a subordinate in the employ of the state who has an annual salary of $1,000 or more. Virginia (Ch. 451) provides for speedy removal of state officials guilty of neglect of duty or misconduct, or who are intoxicated in public, or gamble or violate any penal statute involving moral turpitude. Oklahoma (Initiated Measures, p. 123) makes drunkenness a cause for impeaching state officers.

of

Kentucky (Ch. 15) and Mississippi (Ch. 105) define and regulate lobbying. They require the names agents employed by corporations to promote or oppose legislation and the

subjects of legislation as to which they are employed to be filed with the secretary of state. No contingent fees may be contracted for and an itemized account of expenses incurred must be filed with the secretary of state.

Local Government.-Massachusetts (Ch. 223) authorizes cities, excepting Boston, to create departments for buying city and fire-department supplies, subject to the referendum. Kentucky (Ch. 54) and Mississippi (Ch. 148) authorize cities to buy or construct electric-light, gas and water works, and also to furnish light, gas or water to other cities or individual consumers living within three miles of the cities. New Jersey (Ch. 162) authorizes municipalities to establish docks, warehouses, industrial buildings and shipping and transportation facilities; erect (Ch. 171) buildings suitable for conventions, exhibitions, entertainments, receptions, and lectures, and (Ch. 174) warehouses and stables at an expense not to exceed $20,000 for land and buildings; and (Ch. 239) maintain "white ways" lighted by electricity, taxing abutting property owners therefor. Maryland (Ch. 70) confers a like power on the city of Hagerstown as regards "white ways." (See also XI, Public Services.)

New Jersey (Ch. 59) authorizes the use of the public parks and other public places in cities for playgrounds for school children; authorizes (Ch. 251) cities to acquire unsightly and neglected burying grounds, transfer title to the lots, remove bodies, and devote the ground to public uses; and provides that municipal plan and art commissions (Ch. 175) shall make plans for the systematic development of a city when it deems it advisable, and (Ch. 231) in towns and villages may regulate the construction of dwellings and other buildings. Massachusetts (Ch. 190) authorizes cities to appoint boards to pass upon any proposed street or private way; its plans and the method of drainage of adjacent territory being submitted. Rhode Island (Ch. 1373) created a commission to provide plans for a harmonious and attractive treatment of a barren area of land in Providence, with particular regard to promoting

public convenience and beautifying | more jurors in civil suits to agree on

of 1812, or any person prevented by physical disability from complying with

such test.

Congress in the National Defense Act National Defense and the Flag.(see I, American History; and XII, The Army) provides that there shall be no discrimination in theaters and public places against persons in the uniform of the United States military forces. creates a board to investigate the Massachusetts (Res. 92) matter of establishing a state constabulary or police force which would relieve the militia of police duty. New York (Ch. 353) amends the power of the sheriff or other officer in overcoming resistance to process by withupon "any military company or comdrawing therefrom the right to call panies in the county, armed and equipped," and (Ch. 355) transfers it to the governor on request of the sheriff or the mayor of a city or town where there is in fact a riot or resist

be by telegraph, and if the candidate declare it; permits (Ch. 80) aid to the blind and those physically disabled in preparing ballots under the Australian system; and (Ch. 179) provides means to prevent the voters of one political party from voting in the primaries of another political party, but the latter act must be referred to the people at the next annual election for approval or rejection (see also II, Popular Government). Maryland (Ch. 160) abolishes the "envelope system" of voting in primaries, and (Ch. 292) adds a provision requiring voters to disclose their party affiliations when registering (see ibid.). New Jersey (Ch. 277) permits registration by where personal registration is preaffidavit vented by illness or absence from the state. New York (Ch. 537) reënacts its election laws. Oklahoma (Ch. 25) permits voting in another precinct when the voter is out of his own county, and Virginia (Ch. 369) per-ance to process or apprehension theremits absent voters to vote by registered letter, if notice is given to the registrar of his precinct. South Dakota (Ch. 3) amends its law by a provision for a popular expression for party nominations of President and Vice-President, presidential electors and delegates to the national conventions of each party.

The "grandfather clause" of the Oklahoma constitution, an amendment making ability to read and write any section of the state constitution a qualification for voting except in the case of certain persons and their descendants, was held unconstitutional by the U. S. Supreme Court (Guinn v. U. S., 238 U. S. 347; A. Y. B., 1915, p. 263). A new amendment is now proposed (p. 144) making the exception to the "read and write" test persons

who, prior to the adoption of this pro

vision, served in the land or naval forces of the United States, or in the war with

Mexico or on either side in any war with

the Indian tribes located within the United States, or on either side in the Civil War, or in the National Guard or militia of any state or territory of the United States, or in the land or naval forces of any foreign nation and all lawful descendants of any such person, and of those that served on the side of the Colonies in the American Revolution, and in the land or naval

forces of the United States in the War

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of; and (Ch. 568) gives the governor of the state power to draft or call for volunteers in case of insurrection or riot or imminent danger thereof. Virginia (Ch. 433) prohibits discrimination by common carriers, and in places of public amusement against persons in the uniform of a United States soldier or sailor.

military code. Kentucky (Ch. 43) recodifies its 123) authorizes the acceptance by the Massachusetts (Ch. state of gifts of aeroplanes to be operated by members of the militia; provides (Ch. 126) that state employees while in the military service shall receive pay without loss of pay as a state employee; authorizes (Ch. 127) the transfer to the Federal voluntary army or navy other than the regular army of units of the state militia; requires (Ch. 209) not less volunteer militia; than 14 days' training yearly by the

and authorizes drill and parade with firearms. Con(Ch. 8) students under supervision to Scouts of America, a corporation to gress (No. 94) incorporates the Boy promote the ability of boys to do things for themselves and others, to train them in scout craft, and to teach them patriotism, courage and self-reliance. Massachusetts (Res. 90), New Jersey Maryland (Ch. 23),