Chapter X: The France-America Committee of New York 261 (9)

Parliament, and Magna Carta, 3;
its power formerly limited, 7, 8, 10;
its supremacy, 9-11, 17-18, 76-77, 107;
formerly believed to exist to uphold Magna Carta, 10, 25;
its consent to taxation necessary, 16;
parliament of 1265 developed from the _commune consilium_, 16;
prototype in parliament of Simon de Montfort, 18;
labor laws, 79;
statute on the Petition of Right, 101.

Parties, Political, essential to free government, 206, 238-242;
should follow the representative principle, 207;
effect of initiative and referendum upon, 207;
corruption not cured by primaries, 236, 238;
party government, 238-242.

People _vs._ Koerner, 145.

People _vs._ Lochner, 57-58, 153.

People _vs._ Lustig, 145.

People _vs._ Turley, 143.

Perkins, James Breck, 263, 264.

Persecution, Religious, in 16th and 17th centuries, 33-34;
by Puritans in Massachusetts, 33;
often really political, 33n, 34;
in England, 36-37;
of Catholics in America, 258-259.

Petition of Right, relation to Magna Carta, 15, 23;
procedure under, 99-102.

Phelps, Edward J., 26n.

Pilgrim Fathers, debt of America to, 29, 32, 34, 35;
framed first written constitution, 30;
their tolerance, 32, 33;
their relation to the Puritans, 32, 34;
hated by both Puritans and Cavaliers, 32;
separated Church and State and established religious liberty, 32, 34;
their experiment in communism, 37-39;
established representative government in America, 39;
military preparedness, 41.
_See_ Mayflower Compact.

Plymouth colony, government of, 23, 37, 39;
Governor Bradford's annals of, 30n;
freedom from religious persecution, 33;
absorbed by Massachusetts in 1691, 37.

Poindexter _vs._ Greenhow, 112.

Police power, exercised by the legislature, 60;
its just exercise not hindered by the courts, 81-82;
very comprehensive, 211.

Precedents, their value in the law, 22;
judges bound by, 46;
danger of establishing, 52.

Primary elections, _see_ Elections.

Progressive party, 183, 204, 211, 217.

Prohibition, Writ of, 107.

Prosecuting attorney, his work, 143, 144, 146.

Prout _vs._ Starr, 110.

Public service corporations, legislative oppression of, 120;
right of appeal to the courts, 121-126;
regulation necessary, 126.

Puritans, their relation to the Pilgrims, 32, 34;
their views, 32-33;
our debt to them, 34;
their influence in England, 34-35.

Quakers, 33n.

Quo warranto, Writ of, 107.

Railroads, oppressed by legislation, 120, 121, 123.

Recall, a menace to our republican governments, 39, 193,
205-207, 209-211;
agitation for, 47;
applied to judicial decisions, 211.

Referendum, _see_ Initiative.

Religion, growing disrespect for, 201;
impracticable to teach it in the public schools, 248;
the foundation of our social order, 250-252;
should be taught systematically to school children, 252-254, 256;
religious denominations in the United States, 255-256.
_See_ Liberty and Persecution.

Representative government, foundation laid by Magna Carta, 4, 16, 18;
synonymous with the republican form of government guaranteed by the
Constitution, 31, 39, 75, 76, 227;
first established in America by the Pilgrims, 31, 39, 40;
a development from democracy, 39;
menaced by modern political nostrums, 39, 43, 204-211, 228, 245-246;
the form may survive the substance, 46;
depends upon the electorate, 206;
involved in nominating conventions, 225 sqq.;
contribution of English-speaking race, 226.

Republican form of government, _see_ Representative government.

Republican party, campaigns, 178 sqq.;
principles, 217-218;
New York convention of 1914, 234.

Revolution, American, 25, 162, 262-266.

Roman Catholic church, parochial schools, 247-260;
sacrifices for education, 247, 254;
attitude toward public schools, 248-249;
teaches character, good citizenship and morality, 250, 252,
253, 255, 256;
increasing strength in the United States, 256;
formerly persecuted in America, 258-259.

Rome, 6, 27, 44, 168.

Roosevelt, Theodore, 56-67, 121, 153-156, 159-160, 183-189,
209, 213-215.

Root, Elihu, 75, 153, 176, 185, 194.

Separation of powers, _see_ Government.

Shintō, worship of, 27-29.

Ship-Money, Case of, 17.

Short ballot, _see_ Elections.

Sixteenth amendment, 83, 83n.

Socialism, tends to destroy religion, morality and law, 201;
opposition of Socialists to the courts, 211.
_See_ Communism.

Social reform, as class legislation, 43;
practical reform can be effected by electing legislators of
character and ability, 44;
not to be accomplished by exalting the legislature at the expense
of the courts, 44, 45, 84, 140;
not impeded by the courts or our constitutions, 56, 68-69,
81-82, 135, 137, 155.

Standish, Myles, 33, 41.

State governments, American, reserved powers of the states, 61,
62, 177;
suability of a state, 87 sqq.;
theory of immunity from suit, 98;
prohibitions against, 110;
compelled to obey the federal Constitution, 113;
state officers are suable, 114;
conflicts with the federal courts, 117-128;
right to regulate inheritances, 160, 167-172;
governmental functions, 172;
threatened by primaries, 246.

Strikes, use of injunctions to suppress, 146-152, 212-215;
Pullman strike of 1894, 148, 151, 215-216.

Supremacy and Uniformity, Acts of, 32, 36-37.

Supreme Court, Federal, some important decisions, 8, 57, 60, 61,
62, 72, 89, 93, 95, 96, 100, 101, 113, 173;
view of due process of law, 21-22;
attacks upon, 63, 64, 68;
jurisdiction of suits against states, 93 sqq.
_See_ Judiciary.

Taft, William H., 184, 190-193, 217-218.

Tariff, doctrine of protective, 193-201;
non-partisan commissions, 194, 218;
free trade favored by the Democrats, 195, 198;
act of July 4, 1789, 196;
evils of Democratic legislation, 198, 199;
not responsible for the high cost of living, 199.

Taxation, the chief legislative function in the 13th and 14th
centuries, 9, 16;
provisions in Magna Carta, 16;
control of parliament over, 16, 17;
early controversies in England, 16-18;
and representation, 16-17, 162-163;
essentially a legislative function, 17;
inheritance tax, 159-160, 167-173;
income tax, 159, 173-175;
power to tax is the power to destroy, 160;
conflict of state and federal, 160;
should be equal and apportioned, 161;
taxing power liable to abuse, 161;
proportional taxation, 161-163;
federal rule of apportionment, 173-174;
excise tax, 173.
_See_ Graduated taxation.

Tenement case, _see_ Jacobs case.

Throop, Governor, 221.

Truth, indispensable even in political discussions, 69;
trite truths often the most valuable, 202;
eternal, 203.

Turgot, Baron de L'Aulne, 264.

Unconstitutional laws, American doctrine based upon the statute
of 1369, 7, 8, 11;
doctrine formerly recognized in England, 7-10;
English courts may yet annul, 11;
examples, 49, 57, 61, 65, 122, 123, 137, 209;
Hamilton's views, 71-72;
cannot always be annulled by the courts, 170-171.
_See_ Constitutional limitations.

United States of America, termed a government of laws and not
of men, 124;
population, 204;
debt to France, 262-266;
treaty of alliance with France, 265;
policy of neutrality in European wars, 268-270;
foreign relations in the hands of the President, 269.

United States _vs._ Lee, 101.

United States _vs._ O'Keefe, 100.

Vassal _vs._ Massachusetts, 90.

Washington, George, 35, 186, 187, 189, 197, 263, 268.

Willcox _vs._ Consolidated Gas Co., 122.

Wilson, Woodrow, 195, 198, 217, 241.

Workmen's Compensation laws, federal enactments, 61-64, 67-68;
New York statute, 65-69;
legislation not prevented by the courts or the Constitution,
68-69, 82;
general discussion, 132-138;
should be confined to hazardous employments, 134-136;
the British act, 135.

Young, Ex parte, 119n.