depraved and bad moral conditions of society or the dishonest and incompetent political administrations of departments of the government, but to point out what the resultant of the forces, moral, political, and economic, are, whether it tends to promote justice, liberty, and the efficiency of the citizens of the state or not. If the resultant of these forces does not so tend, then he can only appeal to the inner conscience of the public with suggestions for the correction of their evil tendencies. Such a process must be continuous and must be appreciated by the citizens of the state. No state can survive without it. The statesman must be able to provide that system of justice, such that no citizen can profit unjustly at the expense or injury of another, and provide that system of education for all of the citizens which is in keeping with the requirements of the social, political, and economic conditions of the times. What ways and means shall the state provide in order that these requirements at all times shall be fulfilled?

IV

How have the changes and progress in the development of principles of justice, social relations, and economic efficiency been affected by our industrial progress?

I. SOCIALIZATION OF JUSTICE

Frederick Carl von Savigny (1817-92), who was head of the Department of Justice of Prussia under King Frederick William IV, discovered that the principles of justice have an organic growth as a living thing, evolving with the evolutions of races and kingdoms and tongues. He was the master-mind of the Historical School of the Law. He was a bitter enemy of enactment of laws by legislatures and congresses, representatives of the people.

The second most eminent master-student associated with the development of principles of justice, Bernard Windschied (1817–92), taught that all law flowed from the will of the sovereign, that legal rights were created by the adoption of ways and means, for the protection of the will of the sovereign. In other words, that it was the divine right of the ruler or sovereign to declare what the law is or should be.

With the appearance of Rudolph von Jhering (1818-92), the most profound student of the law the world had ever known, came new conceptions of the law-the change from the individual to the social emphasis. That is, instead of its being left to some individual king, sovereign, or individual to say what the law is or ought to be, that principles of justice are to be determined by the social needs of the citizens of the state, that all rights are legally protected interests, and that when the state by its legislatures or congresses determines what interests it will protect, the state sets forth the purposes of the law. This opens the way for the socialization of the law. That is, to establish that system of principles of justice that will be to the best interests of the greatest number of the citizens of the state without regard to their social position or how rich they may be.

Up to the beginning of the nineteenth century there were evolved out of the birth, growth, commercial domination, and perishing of world powers, two fundamental principles of the socialization of the law, viz., the providing of eleemosynary institutions, such as state asylums for the insane, reform schools for boys and girls, and dependent and orphan children's homes, and also elementary public school systems by the state, which are sustained by general public funds of the state without regard to whether or not those who are benefited by them are able to pay anything toward their support, or on the ground that they are necessary for the promotion of the health, morals, and public welfare of the people at large.

During the last fifty years, the period during which America and the world have been industrialized, the dominant phases of the development of American jurisprudence are those exhibited by the socialization of the law, on the one hand, along the lines of social insurance laws, workmen's compensation acts which provide compensation for injuries, sickness, and old-age pensions, which are based upon the public purpose involved in providing for the laboring classes a normal physical existence for the whole life, consistent with a wholesome moral and social welfare, and in the regulation of hours and conditions of employment of men and women, prohibiting the employment of children under a certain

age, the fixing of a minimum wage, public health and morals; on the other hand, in providing such remedies by legislative action as eliminate the friction and economic waste arising out of conflicts between groups of employees and their employers over wages and conditions of employment.

The former class of legislation has no longer any opposition on principle. It is conceded that an individual who is one of many thousands of employees of an employer is no longer able to contract on equal terms with his employer respecting wages and conditions of employment under modern industrial conditions. Moreover, all the efforts of small and large groups of working people, to protect themselves by mutual insurance associations of their own against sickness, accidents, invalidity, old age, and out-of-work, have failed in their purposes.

In regard to the second class of legislation mentioned above, to eliminate friction and violence between workmen and their employers, and the waste that results from them, when they have failed in collective bargaining respecting a just wage and rational working conditions, which are brought about by strikes, lockouts, picketing and boycotting, has not been completely solved.

The terrible financial losses and personal violence which have accompanied such strikes and lockouts have led to the Canadian, Australian, New Zealand, and the like quasi-compulsory government boards of arbitration of labor disputes. In the event of the failure of the four American railway organizations to obtain concessions which they demanded of the railways, they proposed to strike, threatening to paralyze the entire transportation system of 100,000,000 people, Congress passed "An Act to Establish an Eight Hour Day for Employees of Carriers Engaged in Interstate and Foreign Commerce, and for Other Purposes."

The Adamson Law, just cited, provides for an increase of wages and a standard eight-hour day, and a commission to investigate wages, hours of labor, and working conditions of employees of carriers engaged in interstate and foreign commerce. The Supreme Court of the United States has sustained the Adamson Act. It naturally will be replaced by an act that will create a court vested with the authority to adjudicate all disputes between such employees

and employers when they have failed to adjust them by collective bargaining.

The socialization of the law is going on through the enactment of laws by the states and the Congress of the United States. The laws reflect the development of legal principles in keeping with the industrial and economic development of our country. Thus fire insurance companies are taxed to support injured firemen; grain elevators are not allowed to charge more than a certain sum for storing grain; dogs are taxed to pay for sheep injured by them; coal and other mines are taxed to pay for their inspection to secure the safety of the miners; smelters and deep mines are prohibited from employing men more than eight hours; oil and gas companies are regulated to prevent waste; forty-six states have compensation acts to protect workmen against injuries. The United States passed laws which provide for safety appliances on railroad cars; prohibit the employment of children under a certain age, and the transportation of adulterated goods and drugs; require the inspection of meats and live stock. It has created many commissions, such as the Interstate Commerce Commission, Federal Trades Commission, Tariff Commission, the Export Board, Shipping Board, and many other similar commissions. Every year the legislatures of the states of America enact thousands of laws, all of which are aimed at the correction of real or supposed social and economic evils, which show the efforts on the part of the people to bring their governments into line with their conception of a free state under modern industrial conditions.

The rights of a citizen are his legally protected interests. When the state selects the interests which it regards most worthy of protection, it determines the purposes for which the laws are enacted and the rights created. The interests protected are those that arise out of the ways of living developed by people living in groups and states. The first task of primitive man was to live. He sought to do those things which were pleasurable, and to avoid those things which were painful. Thus he adopted those ways of doing things which were expedient, and living in groups, there resulted through experience, an agreement to do that which was most expedient. These interests are those relations and social conditions.

thus determined by the group or state to be the most desirable and valuable to the entire group or state, and it is for that reason that they are maintained and protected by the state.

2. ECONOMIC CONSIDERATION-NEED FOR CONSERVATION OF SOURCES OF WEALTH

A LOOK AHEAD

Let us take a look, say of twenty, thirty years ahead and see what will then be our condition. The main elements of this problem are three: What will our population then be? What will be our actual and possible resources and possibilities of productive application of one to the other? According to the most careful observers, the population of the United States in 1950 will be more than 200,000,000. Where are these people to be employed and how supported?

We cannot adapt conditions to the future by restricting the growth of population. The natural increase by birth will continue. We cannot, did we wish it, interfere with immigration movement, except perhaps to enforce a more careful scrutiny of the moral and industrial fitness of these newcomers. Notwithstanding the addition of more than a million people a year from abroad, most of whom are men and women who must work for a living, labor outside of the cities was never as scarce, or wages as high as at the present time. The new immigrants remain in the great cities and add to the difficulties attending employment.

FOUR SOURCES OF WEALTH

Omitting the elements of the atmosphere, which contribute indirectly to the national economy, there are just four sources from which mankind must draw all natural wealth, viz., the sea, forests, soil, and mines. Of these the sea supplies only 2 or 3 per cent of man's food. It cannot be made much more productive, and therefore is dropped from the calculation. The forest is valuable for shelter, not for food, and as an aid in production of wealth. The forest, once a rich heritage, is rapidly disappearing. Within twenty years, perhaps, we shall have nowhere east of the Rocky Mountains a timber product worth recording, and shall then be