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Commerce Court or the Commission on Economy and Efficiency after June 30, 1913. Among the measures which passed only one house were a resolution so to amend the Constitution that the president should be chosen for a six-year term without reëligibility and a bill imposing further restrictions upon campaign contributions.--On December 13 the House unseated Charles C. Bowman, Republican of Pennsylvania, but refused, by a vote of 181 to 88, to seat the contestant.-On February 28 the Democratic members of the House committee which had been investigating the alleged money trust reported the existence of "a great and rapidly growing concentration of the control of money and credit in the hands of a few men." For the purpose of checking this domination drastic measures were recommended, including the regulation of stock exchanges. The Republican minority dissented. In the Senate Judge Archbald of the Commerce Court was removed by impeachment (see infra, p. 360). Very few of President Taft's numerous nominations were confirmed. -- In pursuance of a proclamation of President Taft the Senate of the sixty-third Congress met in special session on March 4. With a majority of five, the Democrats were able, for the first time in eighteen years, to choose a secretary and a sergeant-atarms of their own party. In the caucus James W. Kern of Indiana was chosen floor leader and James P. Clarke of Alabama president pro tempore. On April 7 both Houses assembled in special session "to receive such communications as may be made by the Executive." Champ Clark (Democrat) was reëlected speaker of the House, receiving 272 votes; James R. Mann (Republican) received 111; and Victor Murdock (Progressive), 18. ---President Wilson, instead of communicating his message in writing, reverted to the Federalist practice and appeared in person before both houses on April 8. His brief address, though indicating that other matters might be brought to the attention of Congress later in the session, was confined entirely to the tariff. He urged Congress to "abolish everything which has even the semblance of privilege or of any kind of artificial advantage," but not to move towards the end headlong, with reckless haste, or with strokes that cut at the very roots of what has grown up among us by long process and at our invitation."--A tariff bill, understood to have the full approval of the president, was introduced by Mr. Underwood. This bill, which has been under discussion in Committee of the Whole, places raw wool on the free list and radically changes the woolen and cotton schedules; reduces the tariff on sugar and provides for its abolition in three years; places sawed lumber and steel rails on the free list and reduces all duties on iron and steel products; either abolishes or greatly modifies the duties on "market basket" necessities, such as meat and flour; establishes unqualified free trade with the Philippines; and maintains the present high tariff on luxuries. Ad valorem rates are substituted for specific. In order to cover the deficit expected under the new scale of duties provision is made for a graduated income tax, with a rate of one per cent on incomes over $4,000 and under $20,000, and a surtax of one, two and three per cent on larger incomes.

THE FEDERAL JUDICIARY.-Formal proceedings in the impeachment of Judge Robert D. Archbald of the Commerce Court (see last RECORD, p. 739) began on December 3 and ended on January 13, when the Senate found him guilty on five of the thirteen articles of impeachment. On the fifth article, charging that he had obtained the Katydid culm bank through improper influence, the vote was 68 to 5. The Senate unanimously sentenced him to removal from office and afterwards declared him permanently disqualified for the holding of any office of honor, trust or profit under the United States.-Among the more important decisions of the Supreme Court were the following. Federal questions not raised in the court below cannot be reviewed in the federal Supreme Court on a writ of error (Selover, Bates and Company v. Walsh, 33 S. C. R. 69). A writ of error will not be dismissed because, since the allowance of the writ, the constitutional question raised has been decided by such court adversely to plaintiff in error in another case (Michigan Central Railway Company v. Vreeland, 33 S. C. R. 192). Judicial powers are not unconstitutionally vested in the executive branch of the government by an act allowing the deportation of an alien for practising prostitution within three years after entry, though the inquiry devolves upon the department of commerce and labor and its findings are conclusive (Zakonaite v. Wolf, 33 S. C. R. 31). -Liberty to contract is not abridged in violation of the fourteenth amendment by the provisions of a state law which punishes the selling of goods at a lower rate in one place than another in order to destroy competition (Central Lumber Company v. South Dakota, 33 S. C. R. 66). Due process of law is not denied to a carrier by the imposition under a state law of a penalty for failing to settle a claim for damages within sixty days from the notice of the claim (Yazoo and Mississippi Railroad Company v. Jackson Vinegar Company, 33 S. C. R. 40). The prohibitions and guaranties of the fourteenth amendment are addressed to and control, not only the state, but also every person, whether natural or juridical, who is a repository of state power (Home Telephone and Telegraph Company 7. the City of Los Angeles, 33 S. C. R. 312). The existence of a demand for bread of sizes other than those fixed by a city ordinance does not render the ordinance invalid as interfering with the freedom to contract protected by the fourteenth amendment (Schmidinger v. Chicago, 33 S. C. R. 182). No federal question is presented by a judgment of the highest court of a state denying the claim of a policeman that he could not be dropped from the pay-rolls summarily without a violation of the fourteenth amendment (Preston v. Chicago, 33 S. C. R. 177). The government which the Organic Act of 1900 established in Porto Rico is not taken out of the general rule that a government sovereign in its attributes is exempt from being sued without its own consent (People of Porto Rico v. Rosaly y Castillo, 33 S. GR. 352). National banks cannot claim that, as to dealings after the Kansas depositors' guaranty law of 1909 went into effect, their property was taken without due process of law, in that they are not permitted to

share equally with depositors under that statute in the assets of an insolvent state bank (Abilene National Bank v. Dolley, 33 S. C. R. 409).

[For other decisions of the court, see The Railroads and the Trust Problem and Labor and Capital, infra.]

STATE AFFAIRS.—The sixteenth amendment to the federal Constitution, which empowers Congress to levy a tax on incomes, "from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration," was proclaimed as a formal part of the Constitution in April, ratification by the necessary three-fourths of the states having been completed on February 3. The minority of nonratifying states consisted of Connecticut, Florida, Massachusetts, New Hampshire, New Jersey, New Mexico, Pennsylvania, Rhode Island, Utah, Vermont and Virginia. With the favorable action of the General Assembly of Connecticut on April 8, it was assumed that thirty-six states or the necessary three-fourths had ratified the proposed seventeenth amendment, providing for the direct election of United States senators. It was discovered, however, that the legislature of Wisconsin had not ratified the amendment as submitted by Congress, but an alternative draft which Congress had failed to approve. The thirteen states which had not yet ratified are Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Montana, Rhode Island, South Carolina, Utah, Virginia and Wisconsin. -On January 13 the presidential electors met at the capitals of the various states and formally cast ballots for president and vice-president. Wilson received 435 votes; Roosevelt, 88; Taft, 8. The California electoral vote was split: Roosevelt, 11; Wilson, 2. The votes of the eight Republican electors of Vermont and Utah were cast for Nicholas Murray Butler as vicepresident in place of the late James S. Sherman. According to the corrected returns the popular votes of the candidates were: Wilson, 6,282,542; Roosevelt, 4,114,583; and Taft, 3,480,479.-The fifth annual Conference of Governors opened at Richmond on December 3, with twenty-seven state executives in attendance. It was decided to make the organization permanent and to continue the practice of holding annual assemblies. Former governors will enjoy all the privileges of membership except the right to A committee was appointed to examine into systems of rural credits. -In the November elections constitutional amendments providing for woman suffrage were adopted in Arizona, Kansas and Oregon, but rejected in Michigan and Wisconsin; and a second submission of the amendment in Michigan on April 7 resulted in its defeat by a majority of more than 100,000. During the spring woman-suffrage amendments were brought before the legislatures of many states. In Alaska, Iowa, New Jersey and New York they passed for the first time; in Montana, North Dakota and South Dakota they are to be submitted to the people at the next election.— The initiative and referendum were adopted by popular vote in Idaho, Michigan and Nebraska, but rejected in Mississippi and Wyoming; and having passed the legislature a second time, they will be submitted to the

vote.

people of North Dakota in 1914. The recall was adopted in Arizona (including judges), Colorado (including judges and judicial decisions), Idaho, Michigan and Washington; it was defeated in Louisiana.-During the spring session of the state legislatures Idaho, Indiana, Maine, Missouri and West Virginia made provision for public utilities commissions; Maine and Ohio passed employer's liability laws; Colorado, Delaware and Idaho placed limitations upon the working hours of women; Arkansas, Idaho and North Dakota passed laws against fraudulent promoters; Idaho, New Jersey, Ohio, Pennsylvania and Utah provided for the pensioning of dependent mothers, the New Jersey law allowing $15 a month to a mother with one child under fourteen years of age and $7 for each additional child under that age. Allegations of legislative corruption were made in several states. On March 13 a Massachusetts senator who refused to apologize for charging that a fellow member had attempted to bribe him was suspended indefinitely, although he had demanded and been refused an open trial. On April 16 a member of the lower house in New Hampshire was expelled on the charge of offering to sell his vote. In April the judiciary committee of the New York senate conducted an investigation into charges that Senator S. J. Stilwell had attempted to extort a bribe of $3500 for getting a bill reported from committees in both houses. The judiciary committee reported that the charges were sustained, but the Senate voted for acquittal, 28 to 21. On February 14 six members of the West Virginia legislature were indicted, five of them on the charge of receiving bribes in connection with the balloting for United States senator.-In November Arizona adopted a constitutional amendment permitting the state and municipalities to engage in industrial pursuits.-In April Major J. F. Strong was named as governor of Alaska in succession to Walter E. Clark, resigned.—In California a bill restricting alien holding of land was strongly supported in both houses of the legislature; for the resulting international complications see supra, p. 355.-In November Colorado voted against state-wide prohibition. Local-option elections were held in Illinois in April; 70 per cent of the area of the state is now dry. A committee of the Senate conducted, in March, an investigation into vice conditions in Chicago, giving especial attention to the question of establishing a minimum wage for women. -The supreme court of Mississippi upheld the constitutionality of a ten-hour law. -A coalition of Democrats and Progressives in the New Hampshire legislature secured, on January 2, the choice of Samuel D. Felker, Democrat, as governor.-On January 14 Governor Wilson sent his last message to the New Jersey legislature, urging many reforms. Reluctantly and under pressure from the governor the legislature passed seven laws intended to subject corporations to more rigorous regulation and fixing heavy penalties for restraint of trade. Upon the resignation of Governor Wilson, on March 1, the president of the Senate, James F. Fielder, succeeded to the office. When the legislature adjourned without passing a law for the reform of the jury system, he called a special session for May 6.-On

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March 4 a commission of inquiry appointed by Governor Sulzer of New York laid before the legislature a report urging large reductions in departmental appropriations, the abolition of many useless offices and other reforms. As a result of the report bills were passed establishing a new Department of Economy and Efficiency and a State Board of Estimate (including the governor, the lieutenant-governor and the leaders of the two houses) which will henceforth prepare the annual budget. On April 24 the governor vetoed a direct primary bill, denouncing it as "wholly fraudulent" and "enacted in bad faith." The Democratic caucus, however, determined that no action should be taken upon the substitute bill submitted by the governor.-On December 24 Governor Blease of South Carolina pardoned 79 convicts, 17 of whom had been condemned for murder. In the elections of March 4 eight constitutional amendments were carried in Vermont, including one which changed the date of state elections from September to November.-The Washington legislature passed a wage law for women, under which a commission is established to fix minimum wages after an investigation of any industry in which such investigation is demanded.

MUNICIPAL AFFAIRS.-The progress of commission government continues to be rapid: 250 cities have adopted it so far, an increase of almost 50 during six months. Denver, Duluth, Jersey City, Lexington, and Richmond are among the number. Los Angeles, Portland (Oregon), Savannah and a number of other cities recently voted against the plan.In the November elections the state constitution of Texas was amended so as to permit cities of over 5000 inhabitants to adopt or amend their charters at intervals of two years. Nebraska and Michigan enacted similar measures. In Virginia the home rule movement took the form of an amendment under which general laws prescribing the form of city government shall be referred to the local voters.-The first recall of a judicial officer in California took place on April 22, when a police magistrate in San Francisco was removed on grounds of incompetency, an attorney put forward by women petitioners succeeding to the place. The vote was about twothirds of the normal. In December ineffectual attempts were made to recall the mayors of Los Angeles, California and Ocean City, New Jersey. In November, when a petition was presented for the recall of Mayor Cotterill of Seattle, it was found that twelve thousand of the twenty thousand signatures were fraudulent.—The Socialists lost control of Berkeley, California, on April 6, when all but one of their candidates, a woman running for the school board, were beaten in the primaries. On December 18 a woman was elected mayor of Warrentown, Oregon. In Atlantic City, in December, a woman twenty-four years of age was appointed comptroller. — On January 24 it was held by the circuit court that a Chicago ordinance providing for universal transfers between elevated railroads was beyond the competence of the council to enact. Arrangements have been made for the merging of all the elevated and surface lines into one corporation and

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