INDEX
American ideals, [37], [161], [267].
Ancestor-worship, [27]-29.
Anglo-French Commission, [261].
Anson, Sir William R., [104], [106].
Aristotle, [14].
Athens, [42].
Australia, [81].
Ayers, In re, [118].
Bakers case, [57], [153].
Bancroft, George, [30].
Bankers, Case of the, [106].
Bar, should defend the courts against criticism, [70], [127], [147], [158];
duty to defend constitutional guaranties, [85], [86];
efforts to secure proper judicial nominations, [139]-141;
professional responsibility, [142]-143.
Barons, Articles of the, [5].
Bate's case, [17].
Belgium, [261], [262], [267], [270].
Bill of Rights, New York statute of 1787, [19], [23];
permanent nature, [20], [21], [203];
the federal bill of rights, [74], [83];
must be enforced by the courts, [77]-78;
ineffective where legislative power is supreme, [77]-78.
See Constitutions and Constitutional limitations.
Blackstone, Sir William, [99], [168].
Bonham's case, [10].
Bosses, Political, their power increased by direct primaries, [142], [236], [238];
efforts to overthrow them, [230]-231, [245];
Woodrow Wilson on, [242].
Bracton, Henry de, [102].
Bradford, William, [30]n, [38]-39.
Bryan, William J., [180]-182, [213]-215.
Bryce, Viscount, [69], [251].
Carlisle vs. United States, [101].
Charter, see Constitutions and Magna Carta.
Chisholm vs. Georgia, [89], [95].
Church and State, Separation of, germ of idea in Magna Carta, [11], [12];
an American political principle, [12];
opposed by Puritans, [32], [33];
accomplished by the Pilgrims, [32], [34].
Clark vs. Barnard, [96].
Class legislation, may lead England to restrain temporary majorities, [11];
masking as social reform, [43];
dangers of, [74], [79], [85], [124];
New York tenement law of 1884, [85];
involved in graduated taxation, [165], [166].
Cleveland, Grover, [149], [151], [216].
Cohens vs. Virginia, [93].
Coke, Sir Edward, [23], [105].
Common law, silent as to the equal protection of the laws, [36];
may be changed by the legislature, [68]-69, [134]-138, [155];
the birthright of Americans, [98];
soundness of common-law rules, [132]-134.
Commune consilium, antecedent of parliament, [16];
power to impose taxes, [16].
Communism, a conceit of Plato's, [38];
failure of the experiment in Plymouth colony, [37]-39;
in the colony of Virginia, [38].
Congress, decay through increase of executive power, [44];
power to regulate interstate commerce, [61];
cannot regulate internal affairs of the several states, [61];
acts of, [61], [62], [68], [100], [121], [126];
limitations upon, [74], [78], [81], [169]-171;
proposes amendments to the Constitution, [74], [89];
attempts to curtail the federal courts, [88], [125];
duty to enforce constitutional amendments, [110];
duty to uphold the Constitution, [171]-172;
protection of American industries and wages, [193]-197;
dissatisfaction with, [205]-206.
Consolidated Gas Co. case, [122].
Cooley, Thomas M., [90], [161]-162.
Constitutions, principles rooted in Magna Carta, [1];
intended to endure forever, [20], [21], [203];
unwise to create political body to enforce, [25];
may be deprived of practical force by failure to observe constitutional restraints, [46], [75];
explanation would dispel prejudice against the courts, [48];
nature and purpose to declare general principles, [52];
a rule of interpretation, [154]-155;
antiquated in the view of modern iconoclasts, [202];
small vote on amendments, [208]-209;
should deal only with fundamentals, [224], [225].
See Magna Carta and Mayflower Compact.
Constitution, Federal, sources of, [1], [31], [98];
enforced by the courts, [25], [42] sqq., [70] sqq., [87] sqq., [109] sqq.;
supremacy of, [71] sqq., [87], [111], [113];
considered and ratified, [74], [88], [89];
easily amended, [82]-85, [89], [91]-92, [175], [176], [208];
necessity for deliberation in amending, [84]-85, [176]-177;
rule for construing, [97]-98;
oath to support, [171]-172;
attempts to circumvent, [175];
embodies eternal truths, [203].
See Constitutional limitations.
Constitutional government, depends upon constitutional morality, [26];
its debt to the Pilgrims, [29], [32], [35];
characterized by equality before the law, [35].
Constitutional limitations, idea in Magna Carta, [6]-7;
recognized in statute of 42 Edward III., [7], [8];
common to every American constitution, [8], [73];
not imposed upon parliament, [9]-11, [76]-77, [107];
their enforcement left to the courts, [25], [45], [47], [70] sqq., [87], [109], [113], [127];
growing impatience with, [42], [43], [48], [124], [202];
could be nullified if judges followed the prevailing morality, [45], [46];
enforcement by the courts necessary, [70] sqq.;
binding upon Congress, [74]-75, [171]-172;
Elihu Root on, [75];
make possible constitutional morality, [86];
to be observed by the President, [171]-172.
See Constitutions, Due process of law, Constitutional morality, Judiciary, and Fundamental laws.
Constitutional morality, a condition of permanent free government, [26], [42];
discussed generally, [42]-86;
growing tendency to disregard, [42];
its disregard caused the overthrow of Grecian democracy, [42];
its essence is self-imposed restraint, [42];
its necessity should be taught, [48], [85]-86.
Conventions, Constitutional, their duty to secure the privileges of Magna Carta,[ 2];
the first American, [29]-30, [37];
Ohio convention of 1912, [61], [64];
the federal convention of 1787, [89], [256];
in New York, [154], [186], [235], [257].
Conventions, Nominating, discussed generally, [219]-246;
right to, should be guaranteed by the Constitution, [220], [225];
their origin, [229];
abuses of, [229], [237];
movement to abolish, [230], [239]-240;
their merits and advantages, [236]-237, [242]-246.
Cotting vs. Kansas City Stock Yards Co., [123].
Courts, see Judiciary.
Coxey's Army, [181], [199].
Criminal Procedure, delays in, [126], [143]-146.
Cromwell, Oliver, [34]-35.
Crown, power limited by Magna Carta, [11], [12], [24]-25;
former exercise of legislative power, [17];
maxim that "the king can do no wrong," [98], [102], [105], [108], [114];
sued under the Petition of Right, [99]-102;
not suable in tort, [102].
Cullen, Chief Judge, [80], [139], [210].
Davis vs. Gray, [115].
Day in court, [13], [121], [150].
Debs case, [148]-151, [212], [215]-216.
Declaration of Independence, proclaimed the inalienable rights of the individual, [4], [81];
relation to the Mayflower Compact, [30];
its spirit perpetuated, [76];
marked human progress towards liberty, [203];
its truths eternal, [203].
Demagogue, his plea that the people are infallible, [43];
his well-known arts, [192].
Democracy, the fallacies of absolute, [39]-40, [43], [165];
in Plymouth colony, [39];
historical failures, [42], [75], [205].
Democratic party, principles and recent campaigns, [178] sqq.;
tariff legislation, [195]-198;
on use of injunctions, [213]-214.
Despotism, equal laws a feature of, [36];
will result from increasing power of the executive, [44].
Dicey, A.V., [15], [103].
Dies parentales, [27].
Due course of law, in New York bill of rights of 1787, [23].
Due process of law, universal application in the United States, [18];
equivalent of "law of the land" (q.v.), [18];
substance of expression in Magna Carta, [18];
history of expression in America, [18]-19, [23]-24;
meaning, [19], [22]-24;
earliest use, [22]-23;
term meaningless to man in the street, [48];
principle applied in the Tenement House case, [54];
in the Ives case and Employers' Liability cases, [65], [68].
Education, Catholic parochial schools, [247]-260;
primary and elementary, [253];
the Catholic university, [255];
public grants to private schools, [256], [257].
Edward I., [100].
Edward III., [7], [8], [11], [22], [23].
Edward the Confessor, 7.
Egyptians, [27], [168].
Election Law (New York), [209], [219].
Elections, primary elections a menace, [39], [142], [227]-228, [231]-236, [238], [245]-246;
presidential, [178] sqq.;
nomination of candidates, [207], [219]-246;
vote on constitutional amendments, [208]-209;
effect of the short ballot, [222]-224;
secret ballot objectionable, [228];
some New York statistics, [231]-233;
origin of primaries, [239]-240;
to judicial office, [243]-245.
See Conventions.
Electorate, responsible for political evils, [205]-206, [245];
voting a duty, [206], [238], [245];
indifference and negligence of, [207], [208], [209], [230]-232, [237], [240];
remedy for corruption, [237]-238.
Eleventh amendment, main treatment, [87]-129;
text, [91];
possibly qualified, [97], [110].
Employers' Liability cases, [61]-64, [67]-68, [121].
English church, its part in Magna Carta, [3], [4], [11], [12];
freed from the crown by Magna Carta, [11], [12].
England, political thought in the 13th and 14th centuries, [6]-9, [18]-19;
taxation, [9], [16]-18;
courts, [10], [17], [76], [77], [103]-107;
class legislation, [11];
acts of Supremacy and Uniformity, [32], [36]-37;
debt to Puritanism, [34]-35;
in the World War, [35], [261], [267]-270;
labor legislation, [79];
protective tariff, [196];
cost of living, [199], [200];
board of trade, [200];
union of legislative and executive powers, [227]-228;
state aid to parochial schools, [256].
See English church and Parliament.
Entick vs. Carrington, [104].
Equality before the law, [31], [35], [152], [161].
Europe, political ideas in the 13th century, [6];
in 1620, [35];
the great war, [35], [41], [267] sqq.;
source of legislative schemes, [76];
industrial competition with the United States, [196]-197;
high cost of living, [200].
Executive, and legislative power in England, [17];
power limited by Magna Carta, [24]-25;
increase in power threatens despotism, [44], [223]-224;
shifting responsibility to the courts, [47];
duty to uphold the Constitution, [171]-172;
sentiment against a third term, [186]-188;
now most powerful branch of the government, [220];
should not exercise the lawmaking power, [227];
control of foreign relations, [269].
Feather vs. The Queen, [104].
Federalist, quoted on judicial power, [71]-72, [109].
Fifteenth amendment, [83], [110].
Fifth amendment, [19], [68].
Fitts vs. McGhee, [118].
Fitzwater vs. Warren, [138].
Five Knights case, [15].
Fourteenth amendment, [24], [36], [68], [110], [111], [169].
France, early charters of liberties, [5];
les lois fondamentales,[ 7];
legislative and executive powers, [76], [77], [227]-228;
forced loans, [164];
French Revolution, [164];
cost of living, [200];
friendly relations with America, [261]-266;
in the World War, [261], [262]-266;
aid to American revolutionists, [262]-264;
treaty of alliance with America of 1778, [265].
France-America Committee, [261].
Fuller, Chief Justice, [46], [173].
Fundamental laws, idea revived by Magna Carta, [6]-7;
in Greece and Rome, [6];
in France, [7];
a controlling principle of American constitutions, [8], [73];
idea abandoned in England, [9];
theory may yet be applied by English courts, [11].
See Constitutions.
Gaynor, William J., [54], [55], [57].
Georgia, [89], [90], [95].
Glen Cove parochial school, [247], [259].
Government, origin and importance of separation of powers, [4], [13], [16], [17], [18], [227];
depends more upon men than upon laws, [28], [206], [221];
governmental powers derived from the consent of the governed, [30];
government by the legislature preferable to government by the judiciary, [45], [46];
the form may survive the substance, [46];
constant extension of governmental functions, [74], [80], [120], [220];
the American government different from others, [76], [161], [227];
trend toward centralization in America, [176];
local self-government essential, [177];
need of trained experts, [220]-221.
See Congress, Constitutional government, Democracy, Executive, Judiciary, Legislature, Minorities, Majorities, Representative government, and State governments.
Graduated taxation, general discussion, [159]-177;
exempts the majority and burdens the minority, [160], [163], [166];
a means to break up large fortunes, [160], [169]-170;
may amount to confiscation, [163]-166;
necessarily arbitrary, [163];
as forced loans in France, [164];
Lecky's views, [164]-165;
McCulloch's views, [165]-166;
views of Leroy-Beaulieu, [166].
Great Britain, [10], [101].
See England.
Great Charter, see Magna Carta.
Greece, fundamental laws in,[6];
ancestor-worship, [27];
Athenian democracy, [42], [75].
Gunter vs. Atlantic Coast Line, [96].
Habeas corpus, Writ of, the bulwark of personal liberty, [15], [16];
its antecedent in Magna Carta, [15];
in England, [15], [107];
rendered effective by the courts, [77].
Hamilton, Alexander, [71], [74], [88], [161].
Hampden, John, [17], [34].
Hans vs. Louisiana, [95].
Hearn, Lafcadio, [28], [29]n.
Henry VIII., [32], [36].
Holden vs. Hardy, [60].
Hunter vs. Wood, [119]n.
Impositions, Case of, [17].
Income Tax cases, [173], [175].
Income Tax, [159], [173]-175.
Inheritance Tax, [159]-160, [167]-173.
Initiative and Referendum, a menace to our republican form of government, [39], [193];
origin in distrust of legislatures, [44];
agitation for, [47], [204];
in Australia, [81];
a scheme of the Progressives, [204]-209.
Injunctions, as used to restrain state officers, [87]-88, [97], [109]-114;
to restrain officers of the crown in England, [106]-107;
to restrain criminal proceedings, [117]-119;
to prevent the enforcement of unconstitutional state statutes, [120], [125], [127], [128];
use in connection with strikes and labor disputes, [146]-152, [212]-217;
New York practice, [148], [151]-152.
Inquisition, Writ of, [14], [15].
Institutions, the slower their growth the more enduring they are, [1];
English source of American institutions, [98], [266]-267;
the Roman Catholic church and American institutions, [249]-250.
Intestate succession [167]-169.
Ives case, [65]-69, [153].
Jacobs case, [49]-57, [153], [154].
James I., [17], [30]n, [31]n.
Japan, [27]-29, [197].
Jefferson, Thomas, [186], [187], [189], [197], [205].
John, King, [4], [7], [12], [25].
Judges, qualifications, [13], [14], [70], [142], [243]-245;
bound by principles, rules and precedents, [46];
not infallible, [47];
duty to enforce the law, [128], [129], [209];
selection and tenure, [139]-142, [243]-245;
should be defended against unjust criticism, [69]-70, [126]-128, [157]-158.
See Judiciary and Recall.
Judiciary, power to annul unconstitutional laws, [7]-9, [25], [42] sqq., [70] sqq., [87] sqq., [109] sqq.;
former dependence upon the crown, [10], [17];
has no power over legislation in England and France, [11], [76], [77], [107];
importance recognized in Magna Carta, [13], [14];
defended against unjust criticism, [43] sqq., [130]-158, [181], [193], [211]-212;
government by, [45]-46;
rules for determining the constitutionality of a statute, [45], [46], [52];
charged with having usurped power over legislation, [45], [70], [81];
examples of alleged abuse of power, [48]-68;
cannot control legislative discretion, [52];
should avoid judicial legislation, [62], [135];
necessity of defending against unfair criticism, [69], [70], [126]-128, [158];
must enforce the Bill of Rights, [77];
control over executive and administrative officers, [103]-107, [111], [114];
necessity for confidence in, [126]-128;
the bulwark of liberty, [128], [226];
independence of, [141], [142], [226];
not responsible for delays, [142]-146.
See Judges, Constitutional limitations, Injunctions, and Recall.
Judiciary, Federal, jurisdiction to enjoin state officers, [87], [108]-110, [113], [117], [119];
efforts to curtail power of, [88], [125];
jurisdiction limited, [97];
power to annul state laws a necessity, [108], [109], [112], [116], [124]-129;
compels the states to obey the Constitution, [113];
power to enjoin criminal prosecutions by the states, [117]-119;
causes of dissatisfaction with, [126];
oath of office of judges, [127];
constituted as a bulwark of liberty, [128];
assaults upon, [128], [146]-152;
issuance of injunctions in labor disputes, [213]-217;
power to punish for contempt, [215]-217.
See also Supreme Court.
Jurisprudence, as a science, [13], [52].
Jury-trial, origin in Magna Carta, [15], [19]-20;
early history, [19]-20;
a right assured by the judicial power, [78];
not in cases of contempt, [215].
Justice, political justice secured by Magna Carta, [1], [4], [13]-15;
the highest political liberty, [13];
uniformity and certainty essential in its administration, [13];
social justice, [43], [81]-82;
delays in its administration, [125], [126], [142]-146.
Knisley vs. Pratt, [137], [155].
Labor, competition of foreign workmen, [196], [197], [198];
conditions in 1896, [198]-199.
See Master and servant.
Labor laws, in New York, [50], [56], [58], [59], [137], [156].
Labor unions, attitude toward the courts, [131], [140]-141;
some labor leaders, [131], [147], [212];
opposition to injunctions, [146]-152.
Labourers, Statute of, [79].
Langford vs. United States, [103].
Langton, Stephen, [5], [12].
Law, how to be administered, [13];
wiser than those who administer it, [14];
principle of the supremacy of the law, [14], [103]-107, [111], [114];
just and equal laws, [31], [35], [36], [37], [152];
equality before the law, [35], [36], [161];
growing disregard of, [43], [201];
touches every individual, [85].
See Common law, Due process of law, Fundamental laws, Law of the land, Justice, Judges, and Judiciary.
Lawlessness, manifested in alleged reforms, [43];
and in labor organizations, [150], [217];
its growth in connection with the spread of socialism, [201].
Law of the land, a phrase wiser than those who wrote it, [5];
the epitome of ancient and forgotten wisdom, [5]-6;
guaranteed by Magna Carta, [9], [18], [21], [22];
the equivalent of "due process of law" (q.v.), [18];
meaning, [18], [19], [21], [22];
in American constitutions, [18]-19, [23]-24;
in the Petition of Right, [23].
Lawyers, see Bar.
Lecky, W.E.H., [164].
Legislation, formerly not a panacea for all ills, [9];
practical reforms needed, [44], [205]-206;
alleged social legislation, [49]-54, [153], [154];
particular legislation criticized as being arbitrary, crude, experimental, meddlesome, and oppressive, [52], [80], [82], [120]-125, [163], [245];
a rule of construction, [154]-155;
necessity for exact language, [208];
great volume of statutes, [204], [208].
See Class legislation and Social legislation.
Legislature, taxation originally its chief function,[9];
limitations upon, [43]-46, [51], [70], [71], [78], [81], [124];
corruption charged by social reformers, [44];
abandoning constitutional questions to the courts, [47];
duty to apply constitutional principles, [52];
supreme in its sphere, [52];
power to protect the public health, [59], [60].
See Constitutional limitations, Legislation, and Congress.
Leroy-Beaulieu, Pierre Paul, [166].
Liberty, Civil, guaranteed by Magna Carta, [1], [4], [5];
Declaration of Independence, [4], [81];
early charters of the French kings, [5];
writ of habeas corpus its bulwark, [15], [16];
conditions necessary for its perpetuation, [26], [36], [37];
guaranteed by the Constitution, [51], [76];
legislative interference with, [74], [80];
of vital concern to everyone, [84];
guarded by the common law, [98];
its essence, [124];
some political documents, [203];
threatened by temporary majorities (q.v.), [211].
Liberty, Constitutional, Justice Story on, [25];
in the custody of the American people, [26];
the Pilgrim Fathers assist at its birth in America, [30].
Liberty, Religious, secured by the New York constitution, [12];
idea of, in Magna Carta, [12], [13];
established in America by the Pilgrims of Plymouth, [32], [34];
our greatest blessing, [34];
secured by the courts, [77]-78;
favored by non-sectarian public schools, [248];
fostered in America by Protestants, [251], [259];
formerly denied to Catholics in New York, [258];
secured temporarily in New York by Governor Dongan, [259].
Lincoln, Abraham, [26], [191], [246].
Lottery case, [46].
Madison, James, [88], [186], [189], [197].
Magna Carta, general treatment, [1]-26;
marked our greatest political epoch, [1];
saved England from despotism, [1];
the source of representative government, [1]-2, [16], [18];
the foundation of liberty and justice, [1], [4];
reissues and confirmations, [2], [3], [7], [8], [20], [22];
extolled by the royal governor of New York, [2];
crystallized and perpetuated English liberties, [2], [3], [5], [21];
all Americans enjoy its privileges, [2], [3], [5];
granted at Runnymede, June 15, 1215, [3];
still on the English statute books, [3];
a battle-cry against tyranny, [3], [11];
modern criticism of, [3]-4, [7], [8], [15], [19];
the value of its traditions, [4]-5, [26];
based upon eternal truths and to endure forever, [5], [21], [203];
established the rights of the individual as against the government, [6], [7];
long regarded as an unalterable fundamental law, [6]-10;
limited the power of the king, [11], [12], [24]-25;
denounced by the Pope, [12];
established the supremacy of the law, [14];
translated and explained in the churches, [14];
guaranteed the writ of habeas corpus, [15];
separated legislative and executive power, [16];
prevented taxation without the consent of parliament, [16]-17;
the law of the land, [18]-22;
jury-trial, [19], [20];
supplemented by the statute of 1354, [22]-23;
justified revolution for cause, [25].
Majorities, Temporary, may yet be restrained in England, [11];
arbitrary action, [40], [124];
their alleged infallibility a dangerous doctrine, [43];
the proposal to free them from all restraints, [43];
their ever-changing opinions and desires as a rule of constitutional construction, [45]-46;
oppressive class legislation, [74], [78]-79;
need to be restrained, [75];
exercise of the taxing power, [165];
would overrule the courts, [211].
See Minorities.
Mallet, Monsieur, [262], [266].
Marbury vs. Madison, [8], [72], [100], [124].
Marshall, Chief Justice, his decision in Marbury vs. Madison, [8]-9, [72]-73, [100];
on the Constitution, [21];
on the suability of a state, [88];
on the eleventh amendment, [93]-94, [95];
on restraining state officers, [113]-114;
on civil liberty, [124];
on the duty of judges, [129];
unpopular decisions, [210].
Martial law, as the alternative of injunctions, [151].
Master and servant, three common-law rules changed by Congress, [62]-63, [68];
the common law to be changed by the legislature, not by the courts, [68]-69, [134]-135, [137]-138, [155];
soundness of the common-law rules, [132]-134.
See Workmen's Compensation.
Mayflower, [27], [29], [30], [32], [37].
Mayflower Compact, main treatment, [27]-41;
its interest to Americans, [29], [30], [31], [40];
called the first written constitution, [30];
text as preserved by Governor Bradford, [30]n-31n;
its covenant for just and equal laws, [31], [35]-37;
initiated republican government, [31], [40].
Minorities, English courts may yet have to protect, [11];
their protection entrusted by the founders to the courts, [25], [43], [75], [76], [78];
secure under representative government, [40];
threatened by the short ballot, [223].
See Judiciary.
Monroe, James, [186], [189], [197].
Morality, a condition of social welfare and individual happiness, [250], [252];
taught in Catholic schools, [250], [255].
See Constitutional Morality.
Natural rights, a cardinal principle of Magna Carta, [6].
New York city, tobacco workers in tenements, [49]-57;
board of health, [50];
death-rate, [51];
tenement-house conditions, [55]-57;
courts, [141], [142];
parochial schools, [254], [257].
New York state, constitution, [12], [19], [23], [24], [49], [258];
Court of Appeals, [50], [57], [65], [80], [138], [139], [141], [145], [146], [154]-156, [212];
Bar Association, [75], [131], [140];
conflicts with the federal courts, [87];
practice as to injunctions, [148], [151]-152;
population, [204], [234];
religious denominations, [256].
North Carolina vs. Temple, [95].
Officers, Public, responsibility of, [14], [103]-106, [111], [114], [226];
fair criticism desirable, [47];
greater permanency of tenure advocated, [143];
their selection important, [221];
in New York, [222]-224.
Osborn vs. U.S. Bank, [112]-114.
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, [33]n, [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., [26]n.
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, [30]n;
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, [33]n.
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.
ShintÅ, worship of, [27]-29.
Ship-Money, Case of, [17].
Short ballot, see Elections.
Sixteenth amendment, [83], [83]n.
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, [119]n.