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.