TABLE OF CONTENTS

I. THE ENGLISH IDEA OF LAW

Proper Field of Legislation; Meaning of the Word "Law,"; Modern

Importance of Statute Law; Representative Government and the Right

to Law; Enforcement of the Common Law; Origin of Representative

Legislatures; Customary or Natural Law; No Sanction Necessary;

The Unwritten Law and Outlawry; Early Parliament Merely Judicial;

Contrast of Common Law with Roman Law; Theory that the King Makes

Law; Parliament Retains the Right to Tax; Parliament Recovers

Legislative Powers.

II. EARLY ENGLISH LEGISLATION AND MAGNA CHARTA

Constructive Legislation a New Idea; Statutes Increase of Late

Years; Sociological Legislation only Considered; Early Legislation

Political; English Law not Codified; Early Anglo-Saxon Laws;

Freedom Gained in Guilds; Threefold Division of Government; No

Constitution Controls Parliament; Restoration of English Law After

the Conquest; Taxation by Common Consent; Earliest Social Statute;

Recognition of Personal Property; Law of Land Tenure; The Charter

of Liberties; Early Methods of Trial; Distinction Between Sin and

Crime; Church Law Governs Sin; Important Clauses of Magna Charta;

Freedom of Trade; Taxation for the Common Benefit; The Great

"Liberty" Clause; "Administrative" Law not English; No Government

Above Law.

III. RE-ESTABLISHMENT OF ANGLO-SAXON LAW.

Common Law Against Civil Law; "We Are Unwilling to Change the Laws of England;" Usury and the Jews; Towns Represented in Parliament; The Fixing of Prices; Sumptuary Laws; The Benefit of Clergy; Partial Codification; The Statute of Westminster I; Law Extended to All People; Labor Makes Men Free; The Freedom of Elections; "Cruel and Unusual Punishment"; Sexual Offences Made Secular Crimes; Earliest Duties on Imports; Early Duties on Wool; The Law of Wrecks.

IV. EARLY LABOR LEGISLATION, AND LAWS AGAINST RESTRAINT OF TRADE AND "TRUSTS"

Extortion and Discrimination; Forestalling, Regrating, Engrossing; The Statute of Bakers; Origin of Law of Conspiracy; The Law of Combination; The Modern Definition; Combinations Against Individuals; Intent Makes the Guilt; Conspiracy More Heinous than the Act Committed; Combinations to Injure Trade; Individual Injuries to Business; Definition of Forestalling; "The Iowa Idea"; The Statutes of Labor; First Statute of Laborers; A Fixed Wage; Early Law of Strikes; Early Law of Trades-Unions; Labor Conditions in Early Times; Combinations to Fix Prices; Unlawful By-Laws of Unions; Restraint of Trade; The Eight to Labor; The Earliest Boycott; Origin of the Injunction in Labor Cases; The Common Law Vindicated; Compulsory Labor in England; Free Trade to Merchants; Jealousy of Chancery Power; Guilds and Corporations; Chancery and the Star Chamber; By-Laws Tending to Monopoly; Hours of Labor Laws; Idlers and Vagabonds; Trusts and Labor Combinations; Riots and Assemblies; The Statute of Elizabeth; Early Labor Regulations; The First Poor Law; The First Complaint of Monopolies; Growth of Monopolies; The Statute of Monopolies; The Impeachment of Monopolists.

V. OTHER LEGISLATION IN MEDIAEVAL ENGLAND

The Statute of Mortmain; The Law Merchant; Origin of Habeas

Corpus; Early Police Regulation; Opposition to Customs Duties;

Interpretation of the Great Charter; Statute Against Chancery

Jurisdiction; Early Tariffs on Wool; The English Language Replaces

French; Freedom of Trade at Sea; Laws of the Staple; Early Food

Laws Forbidding Trusts, etc.; The Statutes of Dogger; Department

Stores and Double Trading; Freedom of Trade Restored; Jealousy of

the Roman Law; Laws Against Scotch, Welsh, and Irish; Injunctions

Issued Against Seduction; The First Statute of Limitations;

Personal Government Under Henry VIII; Laws Against Middlemen;

Final Definitions of Forestalling, Regrating, Engrossing; The

First Poor Law and Forestry Law; The First Trading Corporations;

The Heresy Statutes; James I, Legislation Against Sins; Cromwell's

Legislation; The First Business Corporation; Corporations Invented

to Gain Monopoly; Growth of the Trade Guilds; Veterans' Preference

Legislation.

VI. AMERICAN LEGISLATION IN GENERAL.

Early Increase of State Legislation; The State Constitutions; When

Statutes Should Be Unconstitutional; Effect of the Initiative and

Referendum; The True Value of Precedent.

VII. AMERICAN LEGISLATION ON PROPERTY RIGHTS

Proper Classification of Statutes; Anarchism, Individualism,

Socialism; Definition of Communism; Definition of Nationalism;

Property a Constitutional Right; Not a Natural Right; Socialism

Unconstitutional; Eminent Domain; What Are Public Uses;

Irrigation, Drainage, etc.; Internal Improvements; Bounties;

Exemptions from Taxation; Limits Upon Tax Rate; Income Taxes;

Inheritance Taxes; License Taxes; Betterment Taxes; Double

Taxation; The Police Power; Government by Commission; Noxious

Trades, Signs, etc.; Modern Extensions of Police Power; Pure Food

and Drug Laws; Prohibition Laws; Oleomargarine Laws; Examinations

for Professions; Christian Science and Osteopathy; Trading Stamps

and Department Stores; Usury Laws; Negotiable Instrument Laws;

Bills of Lading and Warehouse Receipts; Sales in Bulk; Intestate

Succession; Laws for Protection of Debtors; Mechanics' Lien Laws;

Mortgage Foreclosures; Nuisances; The Buying of Futures; Tips and

Commissions; Weights and Measures; Laws Against Middlemen.

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