Perkins, James Breck, 263, 264.
Persecution, Religious, in 16th and 17th centuries, 33-34;
by Puritans in Massachusetts, 33;
often really political, 33n, 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., 26n.
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, 30n;
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, 33n.
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, 83n.
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, 119n.