enacted a substantially new code for the judicial settlement of labor disputes, with a view of harmonizing the relations between employer and employee. The legislative enactments of France vie with those of our states, in number and character. Laws relating to labor show a legislative disposition to supervise and regulate many lines of business for the greater protection of the laborer; while health legislation is scrutinizing enough to "prohibit the sale, exhibition and importation of nursing bottles with long tubes." In Great Britain, on the other hand, the constitutional and political struggle between the leading parties, has reduced the statutes affecting private law to a minimum. Holland, after an experiment of more than 40 years in dispensing with a patent law, has adopted one. It does not secure to inventors all the privileges to which they are entitled under our statute, nor can an infringement be prevented by injunction. The right to loan money on personal property has been subjected to very careful statutory regulation in Holland. third party, on the ground that there is no privity of contract between the plaintiff and defendant. The court intimated, however, that if the defendant knew of the plaintiff's contract with the third party and conspired with him to avoid it, he would be guilty of a quasi-delict. (Ibid. p. 90.) The Workman's Compensation Act of 1906 in Great Britain is responsible for a radical change in the character of judicial opinions in controversies between master and servant. These opinions rarely contain discussions of legal principles, but are confined mainly to such questions as these: Was the injury for which suit is brought an “accident” within the meaning of that term in the statute? Did it arise out of "the plaintiff's employment"? Examples are afforded by the following cases: A collector and canvasser to an industrial company, while riding a bicycle in the course of his employment, was knocked down and killed by a tram-car. The bicycle was not provided by his employer, nor was he directed by the latter to use one; but the fact that he did use one in his work was known to, and not forIn Switzerland the separation of bidden by, the company. It was Church and State has made progress. held that his death was due to an For example, Canton Basel-Stadt has accident which arose out of his emsecured the federal guaranty of a ployment and in the course of it. constitutional amendment providing (Pierce v. Provident Clothing & Supfor the gradual abolition of state ply Co., Limited [1911], Ĭ K. B. control of church officers and prop- 997; 89 L. J. K. B. 831.) On the erty and the relegation of these to other hand, the same court ruled that their respective religious communions. a journeyman baker who suffered an Some of the more important changes injury in his hand and arm from in Genevan polity are those which frost-bite, while on his rounds in his secure to women the right of suf- employer's cart, distributing bread frage, and make them eligible to the and obtaining payment, was not the workmen's arbitration boards; and victim of an accident arising "out which provide for the establishment of his employment," though it did of juvenile courts. happen in the course of the employJudicial Decisions.-Foreign mar- ment. (Warner v. Couchman [1911], riages and corporations have fur-1 K. B. 351; 80 L. J. K. B. 526.) nished the Belgian courts with dif- Again, the House of Lords decided ficult problems for solution. (Annual Bulletin supra, note i, pp. 8890.) A cigarette manufacturer is held by the Court of Appeal of Liège to be without redress against a retail dealer who sells the former's cigarettes at a price below that fixed by him, where the retailer buys, not from the manufacturer, but from a that the following case was that of an accident which happened in the course of employment, but did not arise out of it. A sailor, having been on shore with leave, while returning to the quay, fell into the water and was drowned. The access to the ship from the quay was by a gangway which was properly lighted. Lord Chancellor Loreburn said: "The ac- cording to the nature of the employcident arose from a risk common to ment and the character of the facts everyone, namely, that of falling from proved. The facts in different cases the quay into the water, and was not are infinitely different; and if we especially connected with his work were upon each argument to discuss and employment." He added: "It them and to differentiate one from is another of the very numerous cases another, judgments in courts of law in which the question is whether an would be interminable and would accident arose 'out of and in the lead rather to confusion than to encourse of the workman's employ-lightenment." (Kitchenham v. Ownment, words which admit of inex- ers of S. S. Johannesburg [1911], A. haustible varieties of application ac- C. 417.) FEDERAL AND STATE CONSTITUTIONAL LAW AMENDMENTS ΤΟ FEDERAL |fornia, Delaware, Iowa, Maine, MinCONSTITUTION Income Tax.-Art. XVI providing for an income tax has been ratified during the year by the following states: California, Colorado, Idaho, Indiana, Iowa, Kansas, Maine, Missouri, Montana, Nebraska, Nevada, New York, North Carolina, Ohio, North Dakota, Oregon and Washington. nesota, Missouri, New Jersey, New York, North Carolina, North Dakota, Pennsylvania and Washington. AMENDMENTS TO STATE CONSTITUTIONS California leads the states in the number and variety of its constitu Amending Sec. 14, Art. I, so as to permit private property to be taken by a railroad run by steam or electric power for logging or lumber purposes as for a public use, and declaring such taker a common carrier. Direct Election of Senators.-The proposed amendment for the direct election of United States senators has been requested by the following states: Colorado, Iowa, Kansas, Minnesota, Montana, Nevada, Ohio, Oregon, Texas and West Virginia. In some of these states the request has taken the form of instructions to their senators and representatives in Congress to promote the submission of such amendment to the states. In others, it has taken the form of a request for a national convention at which the amendment is to be presented. (See VIII, Popular Gov-propriation of public money, and those ernment and Current Politics.) Monopolies.-Illinois asked Congress to call a constitutional convention to propose an amendment giving Congress full power to prevent and suppress monopolies throughout the United States by appropriate leg islation. Polygamy.-In Montana, Nebraska, Ohio and Texas the legislatures requested Congress to call a constitutional convention to add an amendment to the federal constitution prohibiting polygamy. Similar resolutions have been passed in previous years by the following states: Cali Amending Sec. 1, Art. I, granting the suffrage to both sexes, but excluding native Chinese, idiots, insane persons and those convicted of infamous crimes or of embezzlement or misap unable to read the constitution in the English language and write his or her name. (See VIII, Popular Government and Current Politics.) Amending Sec. 1, Art. IV, so as to reserve to the people the powers of initiative and referendum; also securing the same rights to the electors of the various counties, cities and towns in regard to local matters. (See VIII, Popular Government and Current Politics.) Adding Sec. 41⁄2 to Art. VI, providing no judgment shall be reversed or new rors in practice, pleading or evidence trial granted in a criminal case for erunless the court is of the opinion that the error complained of resulted in the miscarriage of justice. Amending Sec. 14, Art. XI, to authorize the legislature to provide for the inspection of merchandise, manufactured articles and commodities. Adding Art. XXIII, providing for the recall by the electors of all public officials. (See VIII, Popular Government and Current Politics.) Amending Sec. 13, Art. XX, providing that the plurality of votes given at an election shall constitute a choice where not otherwise directed in this constitution. Amending Sec. 20 and 21 of Art. XII, prohibiting the increase of railroad rates except with approval of the railroad commissioners, such decision not to be reviewable by any court except on the question of such rates resulting in confiscation of property; also prohibiting discrimination in transportation charges. Amending Sec. 22, Art. XII, altering the constitution of the railroad commission and its powers. Amending Sec. 1, 5, 11 and 15, Art. VI, relative to the judiciary, abolishing the office of justice of the peace and giving the legislature power to establish inferior courts instead. Amending Sec. 14 and 21, Art. VI, making the clerk of the Supreme Court appointive by the court. navy, Adding Sec. 14 to Art. XIII, exempting property to the amount of $1,000 to every resident of the state who has served in the army, marine corps or revenue marine service of the United States in time of war and has received an honorable discharge. Amending Sec. 23, Art. XII, conferring power and jurisdiction upon the railroad commission to regulate and control public service associations. Amending Sec. 81⁄2, Art. XI, relating to powers conferred on municipal corporations by freeholders' charters. Amending Sec. 2, Art. IV, limiting the biennial session of the legislature to 30 days, when recess for not less than 30 days shall be taken. On reassembling no bill shall be introduced in either house without the consent of three-fourths of the members thereof, and no member shall introduce more than two bills. Amending Sec. 16, Art. XX, as to the term of public officers. Adding Sec. 71⁄2 to Art. XI, relative to charters of counties and amendments thereof, giving power to counties to frame charters by boards of freeholders. Amending Sec. 8, Art. XI, relating to such charters and their amendment. Adding Sec. 21 to Art. XX, authorg the legislature to create and eniability of all employers to com pensate their employees for any injury in the course of employment irrespective of the fault of either party. Amending Sec. 19. Art. XI, authorizing municipal corporations to establish and operate public utilities. Amending Sec. 7, Art. IX, providing four years as a maximum time for the use of text books without change or alteration. Amending Sec. 19, Art. XII, prohibiting passes by transportation companies to any officer in the state except to members of the railroad commission and their employees and to peace officers. Amending Sec. 18, Art. IV, relating to the impeachment of state officers and judges, extending impeachment to members of the District Court of Appeals. Colorado. The following amendments are to be submitted to the voters at a regular election: Amending Sec. 6, Art. XI, regulating the indebtedness of counties by loan. Amending Sec. 16, Art. XV, declaring the business of smelting, sampling, remilling or otherwise fining, reducing, treating ores, minerals or metals to be one affected with a public interest and devoted to a public use. Amending Sec. 15, Art. 1, creating and regulating a state tax commission and county boards of equalization. Amending Sec. 3, Art. XI, authorizing the issue of bonds not exceeding $10,000,000 for the construction and improvement of public highways in the state. Delaware.—The following amendments were proposed in accordance with the existing constitution: to Amending Sec. 10, Art. II, relating the journal to be kept by each house of the legislature. Amending Sec. 19, Art. II, authorizing the legislature to lay out and maintain certain highways. Amending Sec. 5, Art. IV, relating to a quorum in certain courts, and apportioning business among them. Florida. To be submitted in 1912: Amending Sec. 42, Art. V, providing for an additional Circuit Judge. Amending Art. XII, providing for the issue of bonds by special school districts for the use of public free schools. Georgia. To be voted on: Amending Sec. 1, Art. VIII, providing a uniform system of common schools, but separate schools for the white and colored races. Amending Sec. 3, Art. VII, relating to the authority to borrow money for the state. Amending Art. X of Part I authorizing the legislature by special acts to authorize the taking in fee by the Com Amending Sec. 2, Art. VII, relating monwealth of lands for laying out, to tax returns. Idaho. To be voted on: Amending Sec. 1, Art. III, providing for the initiative and referendum. (See VIII, Popular Government and Current Politics.) Amending Sec. 1, Art. VIII, limiting the debt for state capitol to $2,000,000. Amending Sec. 2, Art. III, fixing the number of senators and representatives in the state legislature. Adding a provision for the recall of any public officer except judges. (See VIII, Popular Government and Current Politics.) Repealing Sec. 3, Art. XIII, limiting the labor of convicts to that done within the prison grounds (See XVI, Labor and Labor Legislation.) Amending Sec. 2, Art. IX, authorizing the appointment of a state board of education. to be voted on in 1912. widening or relocating highways or streets. Adopted. Amending the constitution so as to at all elections. Adopted. authorize the use of voting machines To be submitted to the next legislature: A mending the constitution disqualifying from voting persons convicted of certain offenses. Amending the constitution relative to the taxation of wild or forest lands. Michigan. Amending Sec. 9, Art. XI, relative to the apportionment of primary school interest money. Ratified by the people, April, 1911. Minnesota. To be voted on in 1912: as Amending Sec. 17, Art. IV, so to permit cities and villages to frame their own charters. vide for the investment of state school Amending Sec. 6, Art. VIII, to profunds in improved farm loans. Amending Sec. 16, Art. IX, to establish a road and bridge fund and to authorize the legislature to levy a tax therefor. Indiana. The legislature proposes an entirely new state constitution (See Chap. 118, Session Laws 1911.) It is quite detailed in its provisions, but does not contain provisions for the initiative, referendum or recall, except in Sec. 20, Art. VII, which permits the legislature on the petition of 25 per cent. of the qualified voters of the state at the last general election to Amending Sec. 7, Art. VII, to proadopt laws for the initiative and vide for the educational and professionreferendum and for the recall of of- al qualifications of county superintenficers except judges. dents. (See VIII, Popular Government and Current Politics.) Kansas.-To be voted on in 1912: Adding Sec. 8 to Art. V, granting suffrage to women. Maine. Proposing abrogation of Amendment XXVI to the constitution of 1884, relating to the manufacture and sale of intoxicating liquors. Defeated. Amending Art. XXII so as to permit cities of 40,000 or more inhabitants to increase their municipal indebtedness to 7% per cent. of the last regular valuation of said city. Amending the constitution so as to declare Augusta to be the state capital. Massachusetts.-Submitted at the November election: to Amending Sec. 36, Art. IV, as number and apportionment of state senators and representatives in the legislature. Sec. 17, Art. IX, to authorize the levy of an acreage tax for insurance against damages by hail and wind storms. Missouri.-To be voted on in Nov., 1912: Amending Sec. 1, Art. XI, relating to free public schools. the limit of indebtedness Amending Sec. 11, Art. X, increasing of certain municipalities. Amending the constitution so as to allow the County of St. Louis to increase its debt for the purpose of constructing sewers or buying waterworks. Amending Sec. 2, Art. VIII, fixing the time a citizen must have resided in the state and county before being entitled to vote. Amending the constitution so as to require the registration of voters in all counties of more than 50,000 in habitants and adjoining cities having more than 300,000 inhabitants. in, and to assign the justices to hold such terms; or to make rules therefor. Amending Sec. 14, Art. VI, provid Submitted in Aug., 1911, and ing for the election of two additional adopted: Amending the constitution to authorize an issue of $3,500,000 for the state capitol. Nebraska. To be voted on in 1912: Amending Sec. 1, Art. III, so as to reserve to the people the powers of initiative and referendum. Amending Sec. 4, Art. III, as to the term of office and compensation of the members of the legislature. Amending Sec. 19, Art. V, as to number of commissioners of state institutions. Amending Sec. 5, Art. VI, as to the number and terms of office of Supreme Court Judges. Amending Sec. 13, Art. XVI, providing for biennial elections. Amending the constitution so as to allow cities of more than 5,000 inhabi tants to frame their own charters. Nevada. To be submitted to the next legislature: Adding Sec. 3 to Art. XIX reserving the powers of the initiative and referendum to the people. Adding Sec. IX to Art. II authorizing the recall of public officers. Amending Sec. 3, Art. XI, appropriating certain revenues for educational purposes. Amending Sec. 8, Art. I, as to indictments in criminal cases. Amending Sec. 3, Art. XV, declaring duellists ineligible to any office, and females eligible to certain offices. Amending Sec. 1, Art. II, extending the suffrage to women. Amending Sec. 2, Art. XV, changing and shortening the form of official oath. New Hampshire. Providing for a state constitutional convention, the members to be chosen at the election held on the second Tuesday of March, 1912. New York.-All defeated: Amending Sec. 6, Art. III, increasing the salaries of state senators and assemblymen. Amending Sec. 2, Art. VI, omitting the provision that the justices of the appellate division in each department shall have power to fix the times and places for holding special terms there county judges in the County of Kings. Amending Sec. 6, Art. I, relating to taking private property for public use by municipal corporations. Amending Sec. 4, Art. IV, increasing the salary of the governor to $20,000. Amending Sec. 8, Art. VII, regulating the abandonment of canals and the use of funds derived from such aban donment; defining the use of the word "canal" and extending the prohibition against disposing of certain canals of the state and properties used in con nection therewith. to Amending Sec. 158, Art. IX, as the sale of school lands to railroads. Amending Sec. 91, fixing the term of Supreme Court judges at ten years. The following amendments were proposed and are to be submitted to the next legislature: Adding an article subjecting every public officer to the recall. Amending the constitution so as to reserve to the people the powers of the initiative and referendum. Amending Sec. 202, Art. XV, as to the future amendments of the constitution. Amending Sec. 176 relating to uniformity of taxation, etc. Amending Sec. 216, Art. XIX, pertaining to public institutions. Amending Sec. 185, Art. XII, relating to state aid for internal improve ments. Ohio. The legislature passed an act providing "for the election to, and assembling of a convention to retion of the State," pursuant to the vise, alter, or amend the Constituvote of the state at the November election of 1910. The members were elected in Nov., 1911, and are to as |