Chapter 7

general principle that of home rule, by individual heads, by boards or commissions, system of taxation, Grand Army of the Republic given special privileges, "Granger" cases, laws, etc., Gratuities forbidden, Great Case of monopolies cited, Grievances, summary of, A.D. 1309, Grosscup, Judge, on Federal incorporation, Guards, private (_see Pinkerton Men_), Guilds (_see Trade Unions_), freedom gained in, meaning of word, all members freemen in towns, partly lawful, partly unlawful in English history, history of, became combinations of employers, their control of all trades, abolished by French Revolution, monopolies recognized under Elizabeth, getting charters take corporate form, may have suggested the corporation, growth of the trade guilds, Gypsies, early statutes against.

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 Hours of labor, first fixed in 1495; fixed again, 1514; repealed next year as to city of London; regulation of by combination forbidden; freedom in; modern statutes; of women; in special employments; of child labor; Federal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

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

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

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

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

Machine politics, entrenched by regulation of. Magna Charta, chapter concerning,