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must be given to all intersecting lines. Explain in detail the constitutional status of each of these resolutions.

43. The legislature provides that reasonable room for sitting or standing without excessive crowding, must be provided in every street car and that passengers must not be allowed to ride on the front or rear platform. Is this constitutional?

44. In another law the State requires that all passengers must be provided with seats and that street cars must be run with sufficient frequency to accommodate all who desire passage; further that only steel cars may be used, that flag men must be stationed at every intersecting line and that an extra brakeman must be carried on every car to aid in its control. Explain fully the constitutional status of this Act.

45. A railway subject to State regulation claims that the rules of the State are so burdensome as to deprive it of its property; the State claims that it is able to earn a handsome return on its investment. How would the question be decided?

46. In a suit under the due process clause, to prevent excessive State regulation the State authorities answer that a corporation is not a person and that the 14th Amendment protects only persons against State action. Decide with

reasons.

47. Could a State forbid corporations which transact business within its limits to transfer their lawsuits from the State to the Federal courts, under penalty of having their licenses or charters forfeited? Reasons and authority. 48. What is class legislation? Give an example.

49. Does the Constitution expressly forbid class legislation by the United States, or by the States, or by both? Cite the clause in question.

50. The mayor of Bytown acting under a city ordinance which forbids Italians from carrying arms proceeds to disarm all unnaturalized Italians within the city. One of them protests claiming that the mayor is violating the Federal Constitution, to which the official answers that the equal protection clause safeguards only citizens, not unnaturalized foreigners. Decide with reasons.

51. A State law provides that no person shall practice medicine without a license or permit from the State to be granted by the State medical board. This board then proceeds to admit all applicants who are American born and to reject all foreigners. A foreign applicant protests and shows that he is qualified but has been denied a permit. The board answers that the law itself is a perfectly constitutional, protective measure and has been adopted in one form or another in all the States. Decide the controversy with reasons and precedent. 52. A State provides that doctors, dentists and druggists must be licensed before practicing their profession but requires no such license for the practice of accountancy. A dentist protests on the ground that he is denied the equal protection of the laws because of the discrimination in favor of accountants. Decide with reasons.

53. A State law forbids combinations in restraint of trade in all forms of industry except the manufacture and sale of agricultural implements. Is the Act constitutional? Reasons in full.

54. A State provides that companies transacting business in more than one place within the State must not reduce their prices at one point in order to drive out or destroy their competitor, while maintaining prices at another. A defendant company prosecuted under the Act claims that the law violates the 14th Amendment in that it does not affect all companies engaged in the same business but applies only to a particular, arbitrarily chosen class; viz., those transacting business in two or more places, and as such is class legislation. Decide with reasons and precedent.

55. John Doe and Company, Richard Roe and Company and others are engaged in the manufacture of gunpowder. Owing to frequent explosions and loss of life and property, the State government builds a special gunpowder plant and rents it to the Safety Powder Company giving the company an exclusive monopoly of powder manufacture within the State. The Doe and Roe Companies claim that this is a violation 14th Amendment in that it deprives

them of the privileges and immunities of citizens of the United States. Decide with reasons and precedent.

56. You are explaining to a friend which of his rights are the privileges and immunities of a citizen of the United States and why. Outline your explanation. 57. Give some privileges of citizens of a State with examples. Arthur Jackson, William Johnson, Henry White and George W. Snow, all colored citizens, are holding a meeting with the purpose of passing a resolution declaring their constitutional rights. They are interfered with and the meeting broken up by a disorderly mob of white persons. The Federal law passed in 1870 provided that citizens of the United States should be free from intimidation or oppression by other persons while exercising their rights under the Federal Constitution and laws. Could members of the mob be punished under the above Act? Explain with reasons and precedent.

58. Congress passes an Act forbidding the proprietors of hotels, public conveyances and places of amusement from discriminating against citizens of the United States on account of their race or color. A hotel keeper refuses admission to a colored man on that ground. Can he be punished under the Federal law? Reasons and precedent.

59. May a railway company constitutionally provide separate accommodations for whites and colored within a State?

60. May it constitutionally provide inferior accommodations for either race?

61. May a State constitutionally require railways within its boundaries to provide separate accommodations for the two races?

62. May it require such railways to provide superior accommodations for the colored race?

63. Can a corporation claim that having been chartered in Delaware it is entitled to transact business in Illinois under Article 4, Section 2 "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States"? Reasons and authority.

CHAPTER XXIV

CONSTITUTIONAL PROTECTIONS-Continued

THE POLICE POWER

What is Liberty?-In all our discussion of the protection of the citizen's rights we have come upon the constantly recurring word "liberty." The old idea of liberty was freedom from government interference. For this reason the State and National Constitutions were drafted with an idea of preventing government action. Surprising as it seems, it is yet true that our constitutions devote more space to what the Federal and State governments may not do than to what they may. But as we ask more and more of the government and as its usefulness grows, we cease to think of liberty as freedom from government action, and realize that such action must be increased. This brings on the conflict between an "individualistic" and a "social" policy of government, the conflict that is now waging with full vigor in American politics.

The Individualistic View.-We have always believed that each individual was entirely responsible for his own success or welfare. A man was a criminal because of his own vicious propensities which he would not control; he was a pauper because he was shiftless and dissipated; he was a successful man because of his superior selfdenial, his saving and his general ability; he was educated because he used the schooling that others neglected; or he was ignorant because he refused to do so. This belief is a bracing, stimulating doctrine without which we should never have conquered the oceans, the forests, the mines and the natural resources of our continent. It fits exactly the era of the pioneer, with unlimited free land and an abundance of natural wealth,-an era when it was "every man for himself." It is a belief which is still much needed among us to sharpen our ambition and strengthen our efforts, but it no longer offers a complete public policy. It does not take into account the new and rapidly growing force of environment in a dense and crowded population; it does not explain how two individuals of about the same ability, honesty and ambition, placed in two different sets of surroundings may turn out, one a failure and the other a success, one an honest man and the other a criminal. This weakness of the individualistic view has become more and more apparent until it is now being slowly modified by the environmental or social viewpoint.

The Social View.-According to this newer standpoint some share of the results secured by individuals, their successes and

failures, their moral or dishonest acts, is due to their surroundings. The "social environment" of a man, the newspaper, the school, the church, the office, the home and his other surroundings, bring to bear upon him such a constant, overwhelming and irresistible stream of influences that they determine what his action will be under most circumstances. The abnormal man or the insane may not respond to these influences, or he may react against them in an entirely unexpected way, but the normal person is guided largely by this social force. When the public school system teaches hygiene, when the magazines and newspapers discuss health problems, when the street-car advertisements preach breakfast-foods, and the boards of health of large cities issue bulletins on individual health and efficiency, the average man inevitably begins to think of and care for his body, because his entire social environment guides him. If his health is so strongly influenced by his environment, how much more so his moral and educational training, his recreation, his efforts towards industrial efficiency and a comfortable standard of living, in short his personal welfare! As the importance of environment in this welfare increases, the conclusion forces itself upon us that we must put forth every effort to make that environment more favorable, and that our government authorities must co-operate much more effectively towards this end than they have in the past. In all those many ways in which the community influences us, the community must make its influence more useful. In brief we have made a start on social "team work." This new point of view, which sets a newer and higher standard of government work, is to be seen in the most unexpected and interesting ways and places; the platforms of our political parties, the programs of new societies, the magazine and newspaper editorials, the drama and fiction of the hour, all show a gradual but impressive strengthening of the belief that we cannot foist upon the individual all responsibility for his disease or health, his success or failure, his crime or honesty, but that the government itself as an agent for the whole people must now do its utmost to open up the avenues of progress. The government must help. This is the "social" view.

The New Liberty.-Seen from this angle, "liberty" takes on a new and greater meaning. Freedom from disease, from the handicap of inefficiency and illiteracy, from overcrowded and indecent dwellings, and uncleanliness, are incalculably more important to us than the old legal freedom of contract which once occupied the center of the stage. In order to contrast the older, more formal ideal with this new substantial liberty let us place the two side by side in parallel columns.

The Older Constitutional Rights

1. Right to the equal protection of the laws.

2. The right of persons accused of crime to be safeguarded in criminal trial procedure.

3. Freedom of speech, press and religion.

4. No person shall be deprived of life without due process of law.

5. Freedom from compulsory quartering of soldiers in time of peace; freedom from searches and seizures in homes and dwellings.

6. No person shall be deprived of liberty or property without due process of law.

7. Right to bear arms.

New Economic and Social Rights

1. Equal opportunities for all in the Open Market:

(a) The equal use of public facilities such as railways, canals, terminals, warehouses, wharves, etc.

(b) Freedom from unfair and corrupt methods of business competition,-fraud, misrepresentation, combinations to destroy a competitor, exclusive contracts to stifle competition, etc.

2. Right to real protection against criminals. Cheaper and quicker justice.

(a) A simplified, less technical procedure in both civil and criminal suits.

(b) A more complete, efficient and thorough police system in both city and country districts.

(c) A more careful sifting of the chance offender from the habitual criminal.

3. The freedom of the consumer from extortionate and oppressive charges in all articles of common use, meats, foods, drugs, beverages, shoes, clothing, coal, tobacco, sugar, oil, express and transportation charges.

4. No person shall be deprived of the opportunities for improvement, education and recreation, even with due process of law.

5. Freedom from overcrowded, unsanitary houses, factories and stores; right to tenement and factory inspection and regulation.

6. Right to full participation in economic progress and a salary or wage payment that will support a reasonable standard of living.

7. Right to æsthetic and other higher enjoyments of civilization.

We must see clearly that the old legal freedom was a means to an end. When men were fighting a tyrant king or a selfish mother country they wanted liberty "to pursue happiness" or "freedom of speech" both of which were denied them. When their business is assailed by a combination, or their own and their children's chances of advancement are blocked by one or another cause, they demand greater "freedom of business opportunity." The obstacles to progress are different, the meaning of "liberty" changes. Various publicists view this new meaning in different lights. One of the best statements is by Walter E. Weyl in his New Democracy

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