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“ arsonettes” has been even more inflamed House the leader was a Tammany man. In by the finding of a clockwork explosive some respects the character of the Legislamachine in St. Paul's Cathedral near the ture was even lower than the New York. Bishop's Throne, and by new cases of arson average, which is none too high. Though and other outrageous acts. Whether igno- nothing which occurred during the session of rance or intention made the St. Paul's bomb the Legislature involved such a scandal as fail to explode, the act was one of vandalism, that which has too often made the New York desecration, and reckless disregard of human Legislature a reproach to the State, there and national rights.
was evidence enough of a low standard of
intelligence and public morals. In spite of To pay thirty-two thou- all this, the Legislature which has just adThe Love Letters of the Brownings ·
sand dollars for a pack- journed has passed a body of laws affecting
age of some one else's conditions of life and labor that are probably love letters may seem, to the practical mind, in advance of any similar legislation in any rather an extravagant way of spending money. State of the Union. These laws received the When, however, that package contains five support of the legislators irrespective of party. hundred letters between a man and a woman In fact, they had a non-partisan origin. They each equally great as both poet and lover, all were formulated by the Factory Investigating cause for surprise vanishes. The recent Commission which was appointed after the sale in London of the letters of Robert and Asch factory fire with its horrifying loss of life. Elizabeth Barrett Browning calls forth this They would, of course, never have been passed comment. The widespread interest in these if it had not been for the uprising last yearletters was not, of course, dependent upon an uprising which created in three months a any transitory curiosity as to what they con new party devoted to progressive principles tained ; for they have been accessible in and which put the control of the victorious book form for some fourteen years. Rather party into the hands of those who constitute their appeal lay in their intrinsic literary and its progressive wing. Politicians are sensitive spiritual significance. It is too late now to to such evidence of public determination. discuss the propriety of their opublication- Even the most hardened machine man canRobert Browning himself left no directions not ignore such a movement as that. Thus to guide his executors. But it is never too it happened that the same election which put late to say that the world has seldom wit Tammany in control of the Legislature made nessed a more justifiable violation of per possible the enactment of these progressive sonal privacy. Both literature and life laws. They are about a score in number. were enriched when the love story of the They not only regulate such matters as child Brownings became the common property of labor, labor in tenement-houses, labor of all. When these letters were first published, women, conditions of health in the factoThe Outlook said : “ Students of psychology ries and in the houses of employees, but will find in these letters interesting material they put the whole matter of the regulafor a study of life ; students of poetry will tion of labor conditions upon a basis of effifind in them some side-lights thrown not so ciency. The principle involved in these much on the methods of producing poetry laws is that of establishing general standards as on the spirit out of which poetry comes which are to be applied in every particular forth ; true lovers will delight in them as a case by an administrative authority. A parmanifestation of true love-a manifestation allel may be found in laws which estabsuch as history has never and fiction has lish reasonable railway rates and then leave rarely if ever paralleled." Was it wrong to a railway commission the determinafor the world to grasp at the inspiration tion of what rates are reasonable. In this which these letters contained? We do not instance the administrative body consists of believe so.
the State Commissioner of Labor and a
newly created Industrial Board of which the New Laws
That the progressive move Commissioner is to be chairman. This prinfor Social Justice ment crosses party lines has ciple is a very sound one. Of course the effi
been shown in an extraor- ciency of these laws will depend upon the samdinary fashion by the record of the New petency of the administrative officials. GovYork Legislature. Here was body of law ernor Sulzer has shown his interest in making makers dominated by Tammany. In each these laws effective by sending in the appoint
ment of John Mitchell as Commissioner of
With cynical disregard of public Labor-an appointment rejected by the opinion, the Legislature defeated Governor State Senate. Mr. Mitchell is so well known Sulzer's bill and in its place passed one that as a high type of labor leader that the rejec was an insult to the intelligence of the New tion of his appointment can be due only York electorate. This bill the Governor to unworthy political considerations.
vetoed, with a message that was a challenge portant as the passage of these laws to be to his opponents. administered is the selection of the right kind of administrators who will be charged
Now that the Legisla
Governor Sulzer's with putting the laws into practice.
ture has adjourned, Gov
ernor Sulzer has again Though they alThe Direct Primary
called together men of the Democratic, Movement in New York
lowed such laws as the Republican, and the Progressive parties
these to pass, and and has appointed committees to carry though they enacted a workmen's compensa on a campaign throughout the State in antion law which in spite of obvious defects is ticipation of the reassembling of the Legbetter than no such law at all, the Tammany islature for the purpose of passing a suitmembers of the Legislature, with the aid and able primary law. The people who form comfort of Republican machine leaders, these committees are behind the Governor's resisted effectively the enactment of proper bill. It is a bill which would put into. primary measures. It is in the primary that operation a real direct primary. The the boss wields his power. If he can nomi- points on which we believe it might be nate the candidates for office, he is not greatly amended with advantage we shall not here concerned as to who elects them. In New discuss, because they are subordinate to the York State the primary laws have been very main purpose of the measure. bad. They have made the little boss a power pose is altogether in the interests of the in the little community and the big boss a people of the State. The fact that Gov. power in the big community, and both little ernor Sulzer has succeeded in getting toand big bosses efficient servants of those who gether people of all parties in this movement want to use the machinery of government for direct primaries shows the advance that for getting and keeping special and unearned the movement itself has made since Govprivileges. Governor Hughes saw this, ernor Hughes made an appeal to the people made his fight, and was beaten ; renewed his on behalf of what was a wing of one party. fight and then, before it was finished, retired The coming together of progressives of all to become a Justice of the United States parties is, moreover, a slight indication that Supreme Court. In the campaign which the alignment of parties in the near future defeated Mr. Stimson and elected Mr. Dix may result in a Progressive and Conservative many of those who include themselves among division. the best element” found after election that they had been used by the bosses to defeat
President Wilson lately
President Wilson in primary reform. Under the guise of estab
dropped the affairs lishing something that was called direct pri
of the Nation to remaries, the Democratic machine, under the sume his activities in the public affairs of adroit leadership of Tammany, enacted a New Jersey. He journeyed from Washingmeasure which made the conditions, if post ton, the capital of the Nation, to Trenton, sible, even worse. The bosses had been too the capital of the State, to urge, in conadroit. They had done the one thing that ference and in public address, the Democratic made voters of all parties realize that they legislators and leaders to put through legishad common cause against the boss. Gov lation which he had advocated as Governor ernor Sulzer saw the significance of the for the change of the present system in resulting situation, and made it perfectly clear selecting juries. The change he advocated that he was going to carry on a fight against has been opposed by certain men identified boss control of the primary. He summoned with machine politics in the Democratic party to his aid men of all parties, and met with a of the State. The President's journey to response that showed that he had read cor Trenton was therefore interpreted as the rerectly the signs of the times. He had a bill sumption of the conflict which he had with these drafted and had it submitted to the Legis same men while he was Governor. Whatever
may be thought of the President's action, it cepted President Wilson's appointment to evinced moral independence and persistence. this office (subject to confirmation by the The issue which took him to Trenton is not Senate, which is beyond doubt), possesses one which has greatly stirred the people of just those qualities.
just those qualities. Even when, as The the State. Perhaps it ought to have done so. Outlook believes, his judgment was at fault Certainly it is not unimportant that the juries in the investigation of the Board of Water which form one of the essential parts of our Supply and in the subway matter, no one for courts should be freed altogether from par a moment questioned his high motive and civic tisan political influence. As a matter of earnestness; while, first as Commissioner of fact, however, this issue has not kept the Accounts and later as President of the Board people of New Jersey aroused; it has not of Aldermen and in his work with the Board been predominant in discussion among citi- of Estimate and Apportionment, and in other zens. It is a serious matter for the Presi- ways, he has been invariably a strong infludent of the United States to engage actively ence for economy and efficiency. Rarely in a conflict that pertains purely to State does an appointment of this grade receive questions, even though they are questions such wide commendation as being in the that concern his own State. From the time public interest. Politically the appointment that he becomes President he belongs as a seems to have been a satisfactory settlement leader, not to any one State, but to the Na of the difference of opinion between Senator tion. It is said that in such a case as this O'Gorman and Secretary McAdoo as to the the President is the leader of his party in desirable course. The result, on the other his State. That is a mistake. When he hand, must be anything but satisfactory to assumed the larger leadership, he had to give Mr. Murphy, although, following the usual up the smaller. It is impossible for a man Tammany course, he professes friendly acquito be general-in-chief and captain at the same escence in what he cannot help. If not time. It is further said that in this case it classed as a fighting anti-Tammany man, Mr. was a matter of unfinished business ; that he Mitchel is at least a non-Tammany man with had undertaken a task, and that loyalty to instincts opposed to most Tammany methods. those who had joined with him made it incum- We venture to predict that politics will play bent upon him to put the matter through and small part in his administration as Collector. not leave them in the lurch. It is true One of the best possible wishes that can be that under certain circumstances an issue made for Mr. Mitchel is that, when he ceases of such great proportion might arise in any to be Collector, he may retire with the same State that the Governor who had started to sense of duty performed and advance made lead his forces might find it his duty to con that the Collector now at the end of his work tinue the contest even after having been called must have. Uncompromising in dealing with into the service of the Nation. In such a case violators of the law, able in organization, it would seem more in keeping with the clear-headed, and beyond the faintest impudignity and duty of his Presidential office to tation of political chicanery, Mr. Loeb has call those who are responsible for the conduct earned the respect and gratitude of all good of the State affairs into consultation and con- citizens, regardless of party. Doubtless he ference with him at the Nation's capital. has made enemies, but they are of a kind President Wilson has evidently thought the whose enmity proves fidelity to the execution issue of importance enough to continue the of law and to the enforcement of justice. fight, and has chosen to do so by going to the State leaders rather than calling the State leaders to him. However it may be in this
No sooner had the Webb
The Anti-Alien case, we do not believe that the course which
Land Law Problem
Bill passed the two the President has followed is one which should
houses of the California be followed generally.
Legislature than the attention of the country
was called to the fact that the same situation Qualities indispensable as regards alien land law legislation existed in The New Collector
for the Collector of the Arizona. In fact, the bill now before the of the Port of New York
Port of New York are Legislature of Arizona is more radical than
firmness, fearlessness, that passed by California, and corresponds integrity, and executive ability of a high more closely to the bills abandoned in Caliorder. John Purroy Mitchel, who has ac- fornia. It directly prohibits aliens who have
not declared their intentions of becoming citi- when he said, “ The presence of Asiatics in zens from acquiring land, and as such declara- large numbers will always make of California tions from the Japanese are now generally a potential powder barrel.” Whether this refused when offered, the bill is equivalent to alarm is justified or not, the vital point is that a prohibition of Japanese landownership ; it the question involved is a National one; if has passed the lower house of Arizona, but more positive action to keep out Asiatic immilast week appeared to be in abeyance, proba- gration is desired by California, her recourse bly awaiting the outcome of the California is to President and Congress ; and, on the question. It is supposed that the representa- other hand, it is the duty of the National tions made by the Japanese Government to Government in the future to take the initiathat of the United States as regards the Cali- tive, both through diplomacy and, if needed, fornia situation include also a protest against through legislation, and thereby prevent such that in Arizona. It is commonly reported excited agitation as we have lately seen on that Viscount Chinda has diplomatically repre- the one hand in California and on the other sented to our State Department that the Japa- hand in Japan. nese Government considers the California bill contrary both to the treaty and to the spirit of international friendly relations.
The passage of the Under
The Tariff Bill Governor Johnson, of California, in accord
wood Tariff Bill by the House
Passes ance with his courteous promise to President
of Representatives on May 8 Wilson that a reasonable time should elapse was beyond doubt a tactical triumph for Mr. before the Webb Bill was signed, to give Underwood as leader of his party ; and the opportunity for any communications on the President's intimate supporters consider that, subject from the National Government, has as the bill passed contains all the essential refrained, up to the time of writing, from features upon which he laid stress, including signing the bill. As finally passed, the bill is free wool and the provision for free sugar in essentially as outlined in The Outlook last the future, it is also a personal triumph for week, with the exception that an amendment the President. The bill was passed by a was adopted, adding to Section 2 (which vote of 281 to 139. Five Democrats refused allows aliens not eligible to citizenship to to vote with the party, while four Progressacquire and enjoy and transfer land so far as ives, two Republicans, and one Representaprescribed by existing treaty) a clause giving tive classed as an Independent Republican this class of aliens the specific right to lease (Mr. Kent, of California) voted with the lands for agricultural purposes for a term not Democrats. The bill now goes to the Senexceeding three years.
There has been a ate, while the lower house will take up the rather general expression of opinion by the currency question, and, following the party press of the country that the Webb Bill, as tactics employed in the tariff matter, will try passed, does not controvert the Treaty of to find in caucus some measure upon which 1911, since, in the first place, it expressly united party action may be had ; if this fails, guarantees all treaty rights; and, secondly, the currency question will go over to the the Treaty of 1911 does not contain a general regular session. Mr. Underwood's final and sweeping “most favored nation clause." comment on the tariff bill which bears his Even more general is the expression of belief name is, in effect, that it keeps the Demothat action should be taken promptly to obtain cratic party's promises to the people and that from the United States Supreme Court final he is confident “ that it will bring real relief and authoritative decisions as to rights under to the American people in reducing the high the existing treaty, and also on the question cost of living and better adjustment of our ultimately involved as to rights of naturaliza- business conduct under modern methods." tion. Apart from the legal aspect, it is more On the other hand, Mr. Payne, whose name and more apparent that the large question at is attached to the present tariff law, asserted the bottom of all such agitations as this alien that the new bill is a menace to the prosperland law matter and the Californian school ity of the country and that “it aids foreign question of a few years ago is the widespread laborers by throwing open our markets, and belief in the Pacific States that there is, or discriminates against laborers in the United may be, danger of a wave of Oriental immi- States, who are forced to meet unjust comgration. Mr. Woehlke, in his article in The petition and an enormous increase of imports Outlook last week, brought this out forcefully from foreign countries.”
The United States Commerce against their competitors ir. Louisiana and State versus Nation
Court has reaffirmed two orders other States.” Of all public questions, that
of the Inter-State Commerce of the conflict between the States and the Commission. The first is the Commission's' Nation is just now the most conspicuous. In order to the Lehigh Valley Railroad Com- respect to this conflict, the Commerce Court pany to lower its rates on coal ; the second, reaffirms the principle that the right of the and more discussed, decision is that in the State to control the movement of its internal conflict between inter-State and intra-State commerce and the instrumentalities so emrates. A railway runs from Shreveport, Louisi- ployed is not unlimited. ana, to Dallas, Texas. Most of its course is in the State of Texas. That State has pre
As heretofore stated
Putting in Force the scribed certain transportation rates for freight
. Seventeenth Amendment in The Outlook, a In proportion to the distance, they are lower
sufficient number of than is the inter-State rate from Shreveport States have ratified by their Legislatures the to Dallas. Now, Shreveport and Dallas are joint resolution of the Sixty-second Congress competitors for the trade of the intervening amending the Constitution of the United territory, most of which is of course situated States so as to provide for the direct election in Texas. But such an adjustment of freight of United States Senators. The Secretary of charges handicaps Shreveport. It ought not State has been officially advised of such action to be thus handicapped. The right of the by thirty-five States, and unofficial information State of Texas to impose rates is admitted. is authentic that one other State, at least, has They must not interfere with inter-State com taken the necessary action, which provides the merce rates. Congress alone has power to required number of thirty-six, or three-quarregulate inter-State commerce.
ters of the forty-eight States. As soon as the vading purpose of the inter-State commerce last necessary official ratification is reported, law is to prevent unfair discrimination against the Secretary of State'will issue his announce persons and localities engaged in that com ment certifying that the Amendment has merce. Acting on this, the Shreveport ship become valid to all intents and purposes as a pers and dealers filed a complaint with the part of the Constitution of the United States. Inter State Commerce Commission. The To put in force the Amendment, however, it Commission found that there was unjust dis will be necessary for each State, through its crimination as alleged, and made an order Legislature, to provide by statute for the requiring its removal. The Commission also changed manner of electing its Senators ; that found that the inter-State commodity rates in is, each State must provide the means for question were not unreasonable. As the getting the names of the Senatorial candiunlawful discrimination against Shreveport dates upon the State ticket. In States in which was caused by imposing intra-State rates nominations are made by primary election it “ lower than the petitioner is justly entitled will be necessary by statute to provide that to charge,” that petitioner may increase his the names of Senatorial candidates be placed Texas rates, for, as the Court says, when the on the primary election ballots, and then, Commission's order was made, it relieved after nomination, that their names be propthe petitioner from further obligation to erly certified to be placed upon the official observe the Texas rates. The decision is of election ballots. During the next two years interest as possibly foreshadowing the United there may arise some complications due to States Supreme Court's decision in the simi- neglect by Legislatures either now in session lar Minnesota rate case, which, since 1911, or next year to act, or due to the fact that in has been before that Court for final adjudica- some States Legislatures meet only every tion. Certainly no State should regulate rail two years. The first general test of the way rates of traffic moving wholly within its Amendment will come in November, 1914, borders in a manner to kill traffic with com- at which time Senators whose terms expire peting localities outside of the State. This is March 4, 1915, will be re-elected, or others specially true in the Shreveport case, for the elected in their place. Because there can Court finds that the Texas rates " were pre- be no compulsory uniformity in legislation scribed not with reference to their intrinsic in the several States, each of the forty-eight reasonableness, ... but with the undis States will have to take its own independent guised intention of giving preference and action, although there may be, and quite likely advantage to the dealers of that State as will be, a voluntary following of some general