Chapter XXI: Section 1: No person shall be entitled to a divorce for any cause (3)

Gambling, contracts forbidden (_see Futures_),
Game (_see Fish and Game_).
Gas (_see Municipal Socialism_).
Girls (_see Women, Labor, Child Labor_),
protection of,
absolute prohibition of in some occupations,
newspapers may not be sold by,
may not be telegraph messengers,
Gold (_see Silver_).
Golden Rule, applied to the law of combination,
Gompers, Samuel, quoted,
Gospel, society for the foundation of, founded,
"Government by injunction" (_see Injunction_),
Government, threefold division of,
none above law,
powers of in militia,
chapter concerning,
chapter XIX;
general principle that of home rule,
by individual heads,
by boards or commissions,
system of taxation,
Grand Army of the Republic given special privileges,
"Granger" cases, laws, etc.,
Gratuities forbidden,
Great Case of monopolies cited,
Grievances, summary of, A.D. 1309,
Grosscup, Judge, on Federal incorporation,
Guards, private (_see Pinkerton Men_),
Guilds (_see Trade Unions_),
freedom gained in,
meaning of word,
all members freemen in towns,
partly lawful,
partly unlawful in English history,
history of,
became combinations of employers,
their control of all trades,
abolished by French Revolution,
monopolies recognized under Elizabeth,
getting charters take corporate form,
may have suggested the corporation,
growth of the trade guilds,
Gypsies, early statutes against.

Habeas Corpus act,
foreshadowed in Magna Charta,
its predecessor,
writ _de odio et atia_
suspension of, by Lincoln, etc.
Harvard, John, residence in Southwark,
Harvard University, recognized in the Massachusetts Constitution,
Hat-pins, legislation against,
Hawkins's, definition of conspiracy in pleas of the crown,
Health (_see Pure Food Laws, Police Power_).
Henry II, laws of,
Henry IV, legislation of,
Henry VIII, legislation of,
declares God created all men free,
personal government under,
declares himself head of the church,
history of the Bloody Statute,
Hepburn act (_see Rates_), (_see Interstate Commerce Act_).
Hereditary privilege (_see Privilege_).
Heresy, first secular law against, A.D. 1400;
the bloody statute of Henry VIII against;
the statutes.
Heretics to be tried in clerical courts and burned if guilty.
Hermeneutics, meaning of word.
Herrings, ordinance of, to prevent waste and extortion.
Highways, State, exist in some States.
Hindoos may be naturalized.
"Holding" companies (_see Corporations_).
Holidays, laws concerning in early England.
Holt cited as to conspiracy.
Horses, breeding of encouraged by statute;
to be over fifteen hands;
sale of forbidden.
Hotels not entitled to eminent domain.
Hours of labor, first fixed in 1495;
fixed again, 1514;
repealed next year as to city of London;
regulation of by combination forbidden;
freedom in;
modern statutes;
of women;
in special employments;
of child labor;
Federal laws concerning;
in dangerous trades;
in factories, effect of on male labor;
attitude of the courts;
laws regulating labor of adult males;
of women;
in special occupations;
of children;
night work;
general discussion;
child labor prohibited;
age limit;
school certificates, etc.;
educational restrictions;
mines;
dangerous or immoral occupations;
railroads and telegraph;
unsanitary trades;
foreign legislation.
House of Commons, has sole power of taxation;
growth of legislative power (_see Parliament_).
House of Lords, abolished 1648.
"House of Mirth" at Albany.
Husband and wife, may testify against each other;
contracts between may be regulated;
in divorce matters;
right to guardianship of children;
husband is head of the family;
may fix the abode;
power of mother over children;
duty of the husband to support the wife and children;
they are joint guardians of children;
may be witnesses against each other.

Ice, Massachusetts convention to regulate price of.
Immigration, restriction of by act of Congress.
Immorality made a crime.
Immunity, principle of discussed (_see Incriminating Evidence_).
Impeachment, revival of, process for, in 1621.
Imports (_see Duties_).
Imprisonment for debt, in the law merchant;
forbidden in United States.
Improvements (_see Internal Improvements_.)
Income tax, history of;
in England;
may be graded.
Incriminating evidence, principle protecting a man from
self incrimination;
of corporations.
Indeterminate sentences.
Indexes (_see Statutes_), should be some system of.
Indians, American, legislation referring to, under Cromwell;
citizenship;
history of legislation concerning.
Individual rights, legislation relating to, chapter concerning, chapter
XV.
Individualism, definition of;
in labor matters.
Industrial Commission, United States,
report of on trusts, etc..
Inheritance taxes,
in United States;
in England.
Initiative (_see also Referendum_).
Injunction (_see Riots_),
origin of in Jack Cade's Rebellion;
early use of principle, A.D. 1327;
justices of the peace instituted for;
under Richard II;
repeal of these powers given justices of the peace the very next
year;
the common law vindicated;
power given to chancellor in Jack Cade's case;
jealousy of common law still preserved;
given against the seduction of heiresses;
in labor disputes;
(_see also Chancery, Equity Jurisdiction_),
government by, may bring on, military abuses;
misuse of in America.
Injury, to another when not criminal usually not a legal wrong;
otherwise, if by two or more working together;
to trade, examples of.
Inns and ale houses, tippling at, forbidden under King James.
Inquisition, constitutional principle against.
Insane persons have no right to marriage.
Insolvency laws, liberal in United States (_see Bankruptcy_).
Instrument of government under Cromwell;
only lasted one Parliament;
dissolved by Cromwell's soldiers at its first sitting.
Insurance funds, legislation against;
compulsory and benefit funds (_see Life Insurance_).
Intent, a cardinal question in conspiracy questions;
a test of the legality of combined action.
Internal improvements,
States may not engage in, etc.;
chapter concerning, chapter XIX;
usually prohibited by State Constitution;
taxation to aid.
Interstate commerce, regulation of acts in;
by the commission;
the Sherman act;
corporations uncontrollable by States;
bearing of law on trusts;
denied convict-made goods;
does not control the treatment of races in public conveyances;
in intoxicating liquors;
act, discussion of its form.
Interstate succession.
Intimidation (_see Conspiracy, Boycotts_);
in elections.
Intoxicating liquor,
may not be sold to minors, etc.;
tendency to local option;
interstate commerce act regarding;
general discussion;
high license;
State-wide prohibition.
Intoxication (_see Drunkenness_),
formerly made a crime.
"Iowa Idea," the.
Ipswich (see _Norwich_) tailors of, case cited.
Ireland, cruel laws of Edward III.
Irish, termed the enemies of the English in 1309;
laws against.
Irishmen, banished from England;
not to attend the University of Oxford.
Iron, export of forbidden in 1354.
Irrigation, eminent domain for;
private, eminent domain for;
districts created in the South.

James I,
legislation of;
against sin.
Japanese (_see Mongolian_),
included in laws against.
Jefferson, Thomas, his work on Virginia bill of rights.
Jenks, Professor (Oxon), quoted.
Jews,
and usury;
source of revenue in England;
excluded from benefit of statute merchant;
trade of, in early England;
Christians forbidden to live among them;
exempt from taxation except to the king.
John, King,
surrenders England to the Pope.
Judge-made law,
criticisms of.
Judges,
method of appointment, changes in.
Judicial power,
jealousy of;
system;
present needs.
Juries,
early regulation of by statute;
by 1285 must be of twelve men;
compulsory service of jurors dates from 1285;
right to, how far preserved;
may be less than twelve in criminal cases;
three-fourths verdict unconstitutional.
Jury trial in contempt of court matters.
Juvenile courts statutes for;
laws.

Keller _vs._ U.S.;
U.S.;
case cited.
Kent, laws and customs of.
Kidnapping, made a crime;
laws against.
King,
might not make law;
Norman kings attempting to make the law;
derived his revenue from his own land;
early methods of securing money from Parliament;
sovereignty of supreme over the church;
power of to repeal laws of England asserted by Henry VIII;
proclamation made by to be obeyed by act of 1539;
may not leave the realm;
proclamations of given the force of law in 1539;
subject to common law.
Kodaks, legislation against.

Labor, general chapter concerning, chapter XI,
law of;
makes men free;
statutes of;
early problems in England;
compulsory in early England;
attempt to make it so in the South;
right to early established in England;
still regulated;
freedom of by statute of 1548;
handicraftsmen to use only one mystery in 1360;
claims for preferred;
combinations, chapter concerning, chapter XII;
contracts of labor not enforceable;
American statutes, chapter XI;
New York legislation, amendment;
length of service;
freedom of trade and labor;
hours of in peculiar trades;
in Europe;
foreign legislation;
legality of combinations;
(_see Public Work, Wages etc_).
Labor hours of (_see Hours of Labor_).
Labor laws (see _Hours of Labor, Factories)_,
early English statutes relating to, chapter IV;
closely connected with laws against trusts;
twenty years of legislation.
Labor Unions _(see Trades Unions)_;
exemption from anti-trust laws;
agreement not to join not to be required;
lawful in Europe;
funds of to be protected from attack;
desire to be exempt from militia service;
hostile to militia;
may not establish a privileged caste;
generally exclude negroes.
Laborers, first statute of 1349;
possibly never law;
confirmed in 1364 and not repealed until 1869;
re-enacted in 1360;
never law in America;
great statute of, 1562;
statute of 1388;
requiring testimonials;
statute of 1402, forbids laborers to be hired by the week;
statute of, re-enacted in 1405;
statute of Elizabeth, 1562;
statute of, extended to London city;
confirmed under James I;
fixed prices of victuals;
laborers not to be imported into State of Oklahoma.
Laissez faire school (_see Individualism_)
Land system of tenure before the conquest;
allodial in United States;
subject to eminent domain.
Lassalle, doctrine of, anticipated;
ideas of, in modern socialism.
Lateran council, abolishes trial by ordeal.
Laundries, regulation of, etc.
Law, English idea of, chapter concerning, chapter I;
definition of;
American notion of;
Anglo-Saxon idea of;
originally in England unwritten;
law enforced each man for himself;
supposed to be known by all;
growth of among children;
sanction of;
notion of as an order of a sovereign to a subject;
Roman notion of not understood;
unwritten in early England;
Austinian notion of quite modern in England;
sanction of, not necessarily punishment;
early English all customary;
always made by the people under Teutonic ideas;
English not codified;
right to, recognized in Magna Charta;
of the land, as expressed in Magna Charta;
extended to all people;
right to as against military law;
form of American statutes.
Law merchant, history of;
governs all persons coming to the staple.
Law reports continuous among the English people since 1305.
Laws _(see Statutes_), not made by early Parliaments, but only
declared;
"We are unwilling to change the laws of England."
Lawyers may not sit in Parliament.
Legislation _(see also Statutes_);
American in general, chapter concerning, chapter VI;
proper field of;
makes the bulk of modern law;
not supposed to be difficult;
none in modern sense before the Norman conquest;
early growth of in England;
beginning of new legislation;
sociological only considered;
State;
our subject;
early necessity of;
Anglo-Saxon;
early English laws recognized order law;
form of in England;
apt to cease under personal government;
American in general;
of the British Empire, index to;
growth of constructive legislation in America;
radical tendency of;
to enact unconstitutional laws;
division of into subjects;
method of in United States;
form of, discussed in chapter XX;
should not be delegated to commissions;
final discussion;
no book upon the contents of.
Legislatures (_see also Parliament_),
history of;
to make new laws a modern conception;
origin of representative;
early, included all fighting men;
annual sessions, history of;
biennial or quadrennial sessions of;
moral cowardice of;
modern distrust of;
sessions of limited.
Legitimacy, common law as to.
Lent, observation of, required by statute of James I.
Levees on the Mississippi.
Liability (_see Corporation_).
Libel, and slander,
legislation relating to;
against government;
modern statute abolishing law.
Liberties, charter of (_see Charter_),
declared by early statutes;
restoration of in England;
personal, secured by writs _de odio et atia_ and habeas corpus.
"Liberty Clause," the great.
Liberty (_see also Personal Liberty, Life and Liberty, etc_.),
right to, recognized in Magna Charta;
special to Kentishmen;
in labor matters;
of trade.
Licensing of trade, laws concerning.
Life, liberty, and property (_see Constitutional Law_),
makes a convenient division of legislation;
identity of constitutional rights to.
Life insurance,
must be given the negro on the same terms as the white;
of children forbidden.
Lilleshall case cited.
Limitations, statute of,
for prosecutions for crime, dates from 1509.
Limited liability (see _Corporation_).
Liquor (_see Prohibition_),
interstate commerce in; (see _Intoxicating Liquor_).
Litigation,
early, always by way of justification.
Lobbying,
laws against (_see Bribery_);
acts.
Local option (_see Intoxicating Liquor_).
Local self-government preserved in municipal law.
London dock case.
London, liberties and customs of recognized in Magna Charta;
laws of relating to labor;
statute of, customs of, 1285.
"Long and short haul clause" (_see Rates_).
Looms, engrossing forbidden.
Loss of service laws.
Ludlow Company, strike at.
Lynching,
State or county liable for;
civil damages for;
law of.

Machine politics, entrenched by regulation of.
Magna Charta, chapter concerning,
chapter II, marks the complete restoration of Anglo-Saxon liberties;
sworn to in the coronation oath;
taxation clause;
history of the grants of by King John;
of Henry III omits taxation clauses;
confirmed more than thirty times by later kings;
history of the grant of by Henry III;
important clauses of;
of John further discussed;
to be read twice a year in every cathedral;
to be interpreted in the courts as is the American Constitution,
under the new ordinances of 1311;
never published in French;
causes of.
Maintenance, statutes against.
Majority, powers of, not unlimited.
Malice in conspiracy (_see Conspiracy_).
Manufacture of cloth regulated by statute.
Margins, sales on forbidden.
Marine law (_see Sea_).
Market towns, regulation of tolls in.
Markets, citizens of London forbidden to trade in.
Marlborough, statute of.
Marriage (_see also Miscegenation_),
jurisdiction over first in church;
is a sacrament by Roman view;
creates a status;
not a mere contract at common law;
forbidden between English and Irish;
religious ceremony first dispensed with under Cromwell;
between first cousins invalid in Pennsylvania;
modern legislation;
may be forbidden to parties of different races;
discussion of the common-law marriage;
now abolished in New York;
the ceremony;
chapter concerning, chapter XVII, lawfulness of, determined by law of
State;
law of formerly appertained to the church;
in some States a simple contract;
when void because of age;
when void because of failure of parents to consent, restriction of by
modern statute;
between near relations;
of insane persons void;
of impotent persons;
of epileptics;
of drunkards;
State examination to permit;
tuberculosis disqualification for;
of consumptives forbidden;
of unchaste persons forbidden;
medical examinations may be required;
common-law marriage abolished in Illinois.
Marriage and divorce, chapter relating to, chapter XVII, as related to
women's rights question.
Married women, regulation of labor of;
original laws;
have same property rights as men;
may be protected by the State;
as by hours of labor law;
have control of separate property;
laws permitting them to act as sole traders;
wife-beating made criminal;
privileges of.
Martial law;
struggle against in England;
recognition of, in modern State legislation;
definition of;
habeas corpus suspended under martial law;
only by the executive.
Martin _vs._ Mott
Wheaton
case of cited.
Massachusetts, business corporations act;
body of liberties.
Material men (_see Labor_).
Meats, servants to eat more than once a day.
Mechanics' liens, legislation concerning.
Mercantile system, recognized in the statutes of the early fourteenth
century.
Mercenary soldiers, first employed against Jack Cade.
Merchant adventurers incorporated in 1565;
charter of.
Merchant tailors' case.
Merchant (_see Statute_).
Merchants (_see Trade_), rights of under Magma Charta;
rights of in England early recognized;
liberties of reaffirmed in statute of York;
free to come and move in England;
freedom of in England by statute of York;
liberties of in statute of 1340;
safety of in England guarded by legislation;
having goods to the value of five hundred pounds may dress like
gentlemen;
may freely trade in England and carry goods out of the realm;
may ship in foreign ships.
Meyer, Dr. Hugo R., quoted.
Middlemen (_see Regrating_), nearly all regraters;
laws against;
forbidden by law of King James;
modern statutes aimed at;
need of legislation against.
Military law (chapter relating to, chapter XIII), does not exist under
English ideas;
complained of in petition of right.
Military service, chapter concerning, chapter XIII; early objections
to;
law of;
done away with in England;
should be subordinated to civil power.
Militia, the natural defence of a free State;
power of, to enter houses, etc.;
to suppress riot;
a proper defence, etc.;
companies not under government control unlawful (_see
Political_).
Militia law, new acts concerning;
exemption of labor unions from.
Milk universally forestalled and regrated in American markets.
Mills, tolls of, always regulated.
Mines, labor in, hours, etc.;
company stores.
Minimum wage laws (_see Wages_).
Mining companies may have eminent domain.
Minor _vs._ Happersett
Wallace
case cited.
Miscegenation, made unlawful by custom;
may be forbidden by statute.
Mobs (_see Riots_), mob laws, chapter concerning, chapter XIII;
prevention of by recent statute;
counties or cities liable for damage;
damages by, considered in Pittsburg riots;
modern statute against.
Monasteries, first suppressed 1535;
dissolution by Henry VIII.
Money, statute of;
forbidden to be carried abroad in 1335.
Money bills, the province of the lower house.
Mongolians, legislation against.
Monopolies, abuse of, first appears in statute of 1514;
growth of;
statute of;
growth of feeling against under Elizabeth and James;
great case of.
Monopoly (_see Trusts_), doctrine foreshadowed in Magna Charta;
principle of, makes combination unlawful;
still our common law;
first formal complaint by the commons, 1571;
history of agitation against;
statute of 1623;
under Charles I;
early legislation in the interest of the consumer;
staples tending to abolished;
of foreign trade frequently granted by Elizabeth;
statute of;
frequently if not usually given in franchises to corporations;
no objection to in foreign trade;
corporations invented to gain;
general discussion of, chapter IX; rates of, may be regulated;
test of unlawful monopoly;
in trust cases;
of corporations;
how far to be permitted.
Mormonism (_see Polygamy_), not permitted by the Constitution;
agreement to abolish not binding on the State.
Mortgages (_see Foreclosure_), foreclosure of, difficult in United
States;
modern legislation in United States impairs security of.
Municipal government (_see Government_), tendency of.
Municipal socialism, modern tendency;
tendency to decrease;
of street railways unconstitutional;
of telephone lines permitted;
of gas, water, oil, tramways, etc.;
of coal yards, unconstitutional;
of any public utility in Missouri.
Municipal trading (_see Socialism_);
elections.
Munn _vs._. Illinois
U.S.
case cited.
Murder, trial of clerks for;
civil damages for.
Mutiny Act in England.

Nationalism (_see Socialism_).
Natural rights (_see Liberty, Freedom, etc._).
Naturalization of socialists, etc.;
of aliens, Mongolians, negroes, etc. (_see titles_).
Negotiable, meaning of word;
what documents are;
modern legislation increasing number of;
uniform act.
Negroes, our treatment of in the past;
Africans may be citizens;
general analysis of legislation;
their political and social relations;
in labor;
sexual relation;
in criminal law;
their property rights;
in life-insurance matters;
their treatment in hotels, jails, etc.;
their disfranchisement in the South;
a misdemeanor in South Carolina to serve meals to blacks and whites
in the same room.
Negro labor (_see Peonage_);
suffrage.
New ordinance of Edward II enacted 1311, revoked 1322.
Newspapers, legislation of, relief from libel law.
New York, constitutional amendment concerning public work.
Nomination, direct;
papers.
Norman law, substantially Roman;
law brought to England by the Normans.
Normans, their notion of law;
of sovereignty;
murder of (_see Englishry_).
Northampton, statute of.
Northern Securities case
U.S. 177.
Norwich tailors, case of, cited.
Nuisances (_see Police Power_), modern legislation declaring;
recent statutes against.
Nurses, trained, may be privileged.
Nursing of children by Irish nurses forbidden.

Oath (_see Religious Tests_). Obstruction of mails and interstate commerce. Ocean (_see Sea_). Oklahoma, labor legislation of discussed; capital of must not be removed under enabling act. Old-age pensions, German. Oleomargarine, legislation concerning. Onslow, Speaker, tells Elizabeth that she is subject to the common law. Oppression (_see Conspiracy, Boycott_), antiquity of. Ordeal, trial by abolished by Lateran Council. Ordinance (_see New Ordinance_) of a city. Oregon, the effect of the initiative in. Organized labor (_see Labor Unions_). Osteopaths, laws concerning; statutes permitting practice of. Outlawry (_see Unwritten Law_), early method of enforcing law; result of personal enforcement of law when mistaken. Output, limitations of, unlawful (_see Restraint of Trade, Trusts_).

Parent and child, early control of, by church.
Parents (_see Husband and Wife_).
Parks (_see Eminent Domain_).
Parliament (_see also Legislature_), early function purely
judicial;
retains the right to tax;
early history of, its attempt to recover legislative power;
the source of supply;
judicial power of;
taxation powers of;
origin of;
word not used in Magna Charta;
first represented in;
word first used in 1275;
first "model" sat in 1295;
to be held once or twice in the year A.D. 1311;
must be annual;
claims the right to ratify treaties;
to be consulted on war;
rarely summoned under Henry VIII;
the Barebones;
single chamber under Cromwell;
the rump;
(_see House of Commons_).
Parole (_see Crime_);
new laws concerning.
Patents (_see Monopolies_) regulated by statute of monopoly.
Paupers (_see Poor Laws_).
Peachy's monopoly case.
Peers (_see House of Lords_) may not speak in elections.
Penology, principles of.
Pensions, by way of exemption from taxation;
vast increase of in United States;
to Confederate soldiers;
discussion of.
Peonage laws, etc.;
cases.
Perrers, Alice, legislated against;
women may not be lawyers.
Personal government under Henry VIII;
struggle for.
Personal liberty, Anglo-Saxon idea of;
English idea of;
recognized in Magna Charta;
in labor contracts.
Personal property (_see Property_).
Personal rights, chapter relating to, chapter XVI.
Petition of the Commons to Parliament not received.
Petition of Right, its bearing upon standing armies, etc.;
right to.
Petrie, Flinders, quoted.
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
duties;
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
U.S.
case cited.
Price, prices (see _Tolls, Wages, etc._), the fixing of,
early regulation of;
fixing of by combination early unlawful except when approved by
chancellor;
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
statutes;
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
Liquors_);
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;
question.
Racial rights, chapter concerning, chapter XVI, question on labor
matters.
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
Charta;
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
industry;
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
power.
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
of;
those professing may not be naturalized;
is it compatible with a republican form of government;
helped by women's suffrage movement;
municipal.
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;
bounties.
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
Government_).
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
legislation;
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.
Treason.
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
IX;
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
States.
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
forestalling.
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
clergy;
suffrage movement, origin of;
progress;
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.

End of Project Gutenberg's Popular Law-making, by Frederic Jesup Stimson