a term a man to fail to provide for his child. | use of a common drinking cup in Kansas, Minnesota, Utah, and Vir- schools, hotels, theaters and on trains. ginia made either parent liable. New Hampshire authorized the state Rhode Island made it a misdemeanor board of health to make a similar for any person having the care and regulation. custody of a child under 17 wholly to Murder, Rape, and Kidnapping.— abandon it, and Maryland provided Vermont changed the punishment for that it should be a misdemeanor for murder in the first degree from any one having the care and custody “death" to "death or imprisonment of a child under three years to aban- for life" as the jury may determine, don it with the intent that it should and for murder in the second become a public charge. Georgia degree from "life imprisonment" to raised the imprisonment penalty for "life imprisonment or bigamy from four to ten years. of years to be fixed by the court Liquor Traffic.-As usual many pronouncing sentence." Minnesota laws were passed regulating the liquor traffic. Utah and Virginia enacted complete codes governing the subject. Laws prohibiting drinking of intoxicating liquor upon passenger trains, except in dining cars, were passed by Illinois, Kentucky, North Dakota, New Hampshire, Oregon, Virginia, and Wisconsin. Mississippi made no exception in favor of the dining car. Nevada and Utah prohibited the sale of liquor within five miles of a construction camp; and Oregon within six miles of government works. Texas prohibited the gift or sale of spirituous, vinous or malt liquors in houses of prostitution. (See XV, The Liquor Traffic.) Cigarettes, Opium, and Gambling. -Virginia forbade the use of opium in the manufacture of cigarettes; Ohio the sale or gift of cigarettes to persons under eighteen; and Utah and Washington the sale or gift of tobacco in any form to minors. Indiana, Montana, Ohio, and Utah passed laws making illegal the sale of opium or its derivatives, except upon a physician's prescription which had not previously been filled. Missouri made it a misdemeanor to establish or frequent any place for the smoking of opium or other drugs. New York amended her gambling laws so as to make pool-selling or book-making, with or without writing, unlawful. Georgia made it a misdemeanor to bet on any election. Louisiana made gambling an offense within a radius of three or five miles of 20 public schools. Laws penalizing the sale of adulterated and certain kinds of unbranded food stuffs were passed by many states. Illinois passed an act forbidding the abolished the death penalty for murder in the first degree. Delaware changed the punishment for rape from "death" to "death or at the discretion of the court upon a recommendation of mercy by the jury, life imprisonment." Maryland changed her law with respect to kidnapping so as to include children between the age of twelve and sixteen, while Louisiana made kidnapping an offense punishable by death. Georgia declared it unlawful to shoot at occupied dwelling houses. Theft.-Louisiana increased the penalty for cattle stealing. Oklahoma did the same with respect to cattle, dogs, and horses. New York made it a felony to steal or fraudulently destroy, mutilate, or conceal a will. Utah increased the penalty for robbery. Kansas and Wisconsin passed acts defining and prescribing the punishment for burglary with explosives. Maryland made the embezzlement by an insurance agent of money received by him as such agent a misdemeanor, punishable by imprisonment for not more than three years. Massachusetts provided that procuring the making of a note or the release of an obligation by a false pretense with intent to defraud should constitute larceny. Georgia and Indiana passed laws punishing the fraudulent obtaining of hotel accommodations. Kentucky made it unlawful to buy or attempt to buy farm products which had been "pooled." Colorado passed a law making unlawful any attempt on the part of an employer to discriminate in favor of non-union employees. Firearms and Explosives.-Massachusetts, Michigan, and Montana for bade the sale of blank cartridges or | have been declared unconstitutional; toy pistols in which they might be used. California and Oregon each made it a misdemeanor to transport dynamite or other explosives on a passenger train between points within the state. Washington made it unlawful for one who is not and has not declared his intention to become a citizen of the United States to carry or possess a firearm without license. Michigan declared it illegal to carry concealed weapons in counties of more than 150,000 population, while Montana passed a similar law with respect to carrying concealed weapons in towns or cities. New York passed a drastic law prohibiting the carrying of dangerous weapons in New York City. Kansas passed a law regulating the use of artesian wells and making it a misdemeanor to waste the water of such wells. Michigan passed a law declaring a closed season for beaver, Vermont did the same for beaver and otter. Oklahoma and Virginia forbade the sale of adulterated or misbranded stock-food. Kansas and Oklahoma made it a misdemeanor to move domestic animals in violation of a quarantine regulation. Texas forbade the importation of sheep affected with scab. Corrupt Practices.-Utah declared it unlawful to pay money or promise office or employment in order to secure votes or political support or aid. Washington made it a gross misdemeanor to vote twice at an election and a felony to vote when knowingly unqualified. Kansas forbade the purchase of newspaper support and the printing of political advertising in a newspaper unless plainly marked "advertising" and signed by some responsible person. Indiana and Ohio passed corruptpractice acts defining and punishing corrupt practices in election. Texas made the act of an officer who makes a false return in an election upon a constitutional amendment a felony. (See VIII, Popular Government and Current Politics.) one because it was held to violate the state constitution; the other because found by the court to be in violation of the constitution of the United States. One was an act passed by the legislature of the state of Washington, obviously for the purpose of minimizing the evil incident to the defense of insanity in criminal cases. The statute declared that inability by reason of insanity, idiocy, or imbecility to understand the nature or wrong of an act committed should be no defense to a charge of crime based upon such act. Also, upon the trial no evidence of insanity, idiocy, or imbecility might be given, but if upon conviction the presiding judge should be satisfied the defendant was insane when the act was committed or at the time of the trial he might send the convict to an insane asylum until cured. The statute was held unconstitutional by a majority of the Supreme Court of the state. Not all of the judges forming the majority agreed that it was the intent of the statute to abolish the defense of insanity, part basing their opinions on the ground that no adequate trial on the issue presented by such defense was given by the statute. Part of the court held that the statute attempted to abolish the defense of insanity, and a majority agreed that if it did it would be unconstitutional on that ground. The specific provisions of the constitution relied upon to sustain this view were the provisions providing for due process of law and the preservation of trial by jury. These provisions are found in nearly, if not quite all, of the constitutions in the country. Hence if the view of the Washington court is correct, our constitutions do not permit of convicting an insane man of crime. Contracts of Service.-The other unconstitutional statute was a statute of the state of Alabama, which, as amended, provided in effect, that one, who with intent to defraud entered into a written contract of service and thereby secured from his employer The Defense of Insanity. Within money or goods, and afterwards with the past year two penal statutes, the same intent, and without just both of marked significance, passed cause, and without refunding the by the legislatures of different states money or paying for the property, refused to perform the service, should | quisition of money or property, it be punished by a fine equal to twice may be very difficult, if not imposthe damage suffered by the injured sible, for one who has secured money party. It was moreover provided that or property by virtue of a contract the refusal to perform the service which he has broken to prove that without refunding the money or pay- his intention was not fraudulent. In ing for the property should be prima fact, it would be so difficult in the facie evidence of such fraudulent in- ordinary case that the court held tent. Besides this statute, a rule of that the statute, in effect, made the evidence enforced by the Alabama mere breach of the contract a crime. courts prevents the accused under As to the second question: the Thirsuch a statute from testifying on teenth Amendment prohibits involunthe trial, "as to his uncommunicated tary servitude and provides that motives, purpose, or intention." One Congress may enforce this prohibiBailey was convicted under the stat- tion by appropriate legislation. Unute, fined $30, and in default of pay-der this provision Congress has ment sentenced to prison. The Su- passed a statute prohibiting peonage. preme Court of Alabama sustained This statute has been held to be conthe conviction and a writ of error stitutional. Under it peonage has was taken to the United States Su- been defined as a condition of compreme Court. Though the evidence pulsory service based upon indebtedshowed that Bailey was a negro there ness, it being immaterial that the was no evidence before the court to service was originally undertaken show that that fact had any bearing voluntarily. Does a statute making on the case. Hence, the question of it a crime to break a contract of serracial discrimination did not arise, vice compel service? The court said the court saying that the statute that if the statute had directed the might be viewed "in the same man- state constabulary to assist the emner as if it had been enacted in New ployer in compelling his servants to York or in Idaho." This left two remain in his service it would in its questions to be considered (1) does effect be compelling service; and that the statute in connection with the it was none the less compelling serrule of evidence described make a vice because it authorized imprisonbreach of a contract of personal serment at hard labor in a state penivice a crime; (2) if so, is it in vio- tentiary instead. Hence the Supreme lation of the constitution and stat- Court declared that the state could utes of the United States? It may not punish, by imprisonment, a man be seen that, while the statute pur- merely because he has broken his ports to punish the fraudulent ac- contract to work for another. VIII. POPULAR GOVERNMENT AND CURRENT POLITICS ARTHUR N. HOLCOMBE PROGRESS OF POPULAR GOVERNMENT The progress of popular govern- and older direct-primary laws in ment during the year 1911 may be several other states were improved summarized as follows. In the field and extended. The system of direct of federal politics, the reform of pro- nomination of candidates for all cedure in the House of Representa- elective state offices now exists in tives has been completed by the two-thirds of the states, and has transfer from the speaker to the been established for the nomination caucus of the majority party of the of locally elected state officers in right to select the committee on several others. The presidentialrules and to hold it to a continuous preference primary, first introduced responsibility for the exercise of its in Oregon in 1910, has been estabgreat powers. Congress failed to lished in four other states, with submit a constitutional amendment more doubtless to be added before for the direct election of United the holding of the national convenStates senators, but the "Oregon tions in June, 1912. Campaign pubplan" was adopted in seven states, licity and limitation of political exmaking the total number of Oregon-penditures legislation has been enplan states now ten. The initiative acted by the United States, and by and referendum were adopted in two ten of the states. More than threestates, making the total number of fourths of the states now have such direct-legislation states now 12, and measures upon their statute books. provision for the submission of di- Woman suffrage has been adopted in rect-legislation constitutional amend-one state, making the total number ments to the people in 1912 was of woman-suffrage states now six, made in seven other states. The re- and the legislatures of four other call upon the Oregon plan was adopt-states have provided for the subed in one state, and was adopted in mission of woman-suffrage amendone other state with the exclusion ments to the people in 1912. These of procedure for the recall of judges. Recall constitutional amendments upon the Oregon plan will be submitted in 1912 to the people of one state, and, excluding the recall of the judiciary, in three other states. The mandatory state-wide direct primary was established in four states, various phases of the progress of popular government are discussed in detail in the following pages. The most important contribution to the literature of popular government and current politics during the year is Richard S. Childs' Short Ballot Principles. REFORM OF THE RULES OF CONGRESS Election of Standing Committees. on popular government in the -The removal of the speaker from AMERICAN YEAR Book for 1910 (pp. the committee on rules and the re- | 138-140). The notable event of the organization of the latter upon a past year in the development of the basis of more effective party respon- rules of procedure in Congress was sibility were described in the article the vesting of the power of electing all standing committees in the House tion of the Republican caucus, by the itself. Previously, all committees Republican floor leader. The memhad been appointed by the speaker, bers of the committees of Congress, but the election of the reorganized as thus nominated by the Democratic committee on rules in March, 1910, caucus and designated by the Repubby the House foreshadowed the elec- lican floor leader, were promptly tion of all standing committees in a elected by the House of Representasimilar manner, when the next new tives itself. House should meet. The sixty-sec- Power of the Party Caucus.-The ond Congress met in extra session on rules of the sixty-second Congress April 4, 1911, and the new rules re- consummate a profound change in ported from the Democratic com- the organization and activity of parmittee on rules contained the ex- ties in Congress. Party leadership pected amendment. Indeed, the is taken from the speaker and dividDemocratic members of the sixty-ed between the chairmen of the comsecond Congress had already met in mittees on rules and on ways and caucus in the preceding January, se- means. Both of these gentlemen lected the Democratic members of are held continuously responsible to the new committee on ways and the party caucus. The caucus of the means, and committed to the latter majority party thus becomes the the task of nominating the Demo- real source of all legislation on the cratic members of the committee on issues of the day. More than ever rules and of all other standing com- before, the responsibility for the fulmittees. The official slate, thus au- fillment of party pledges, so far as thorized, was duly prepared and, lies within the power of the House upon submission to the Democratic of Representatives, is now lodged caucus at its next meeting in April, where those who hold the power can confirmed. The minority (Repub- be held to effective accountability. lican) members of the standing com- The congressional caucus is now the mittees were designated on resolu- main-spring of party action. DIRECT ELECTION OF UNITED STATES SENATORS the The Borah Resolution. The popu- holding senatorial elections. The lar demand for the direct election of purpose of these constitutional proUnited States senators was frus- visions was to ensure to the federal trated by the artifices of the sena- government the power to control the tors themselves. A joint resolution election of its Own officers. The to provide for the submission of an single limitation to this power of appropriate constitutional amend- federal control originated in the obment to the states was twice passed vious propriety of protecting by the House, and twice amended by state legislatures in their liberty to the Senate in such a way as to pre- meet wheresoever they might choose vent its adoption by the necessary within the limit of their several two-thirds vote in both houses of states. The Borah joint resolution to Congress. The original Borah resolu- provide for the election of United tion provided for the election of sen- States senators by the people would ators by the people of the states, have had the effect, if adopted and and further provided that the times, ratified, of depriving the federal govplaces, and manner of holding elec- ernment of all power to regulate tions for senators should be as pre- such elections, notwithstanding that scribed in each state by the legisla- the federal government possesses ture thereof. Under the constitution full power to regulate congressional in its present form, the times, places, elections. Professedly in order to reand manner of holding elections for tain for the federal government the senator are prescribed by the states, same control over the election of senbut Congress may alter such state ators as it has always exercised over regulations, or make regulations of the election of congressmen, the its own, except e to the place of Sutherland amendment was intro |