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(4) Regulation of Other Businesses. The state regulates banks, insurance companies, and many businesses in which the individual cannot be sure of justice under conditions of competition. Thus the state inspects weights and measures; it regulates the sale of drugs; it inspects meat; it regulates hotels; it inspects bakeries; it prohibits frauds and regulates trusts, corners, pools, and other monopolies. In a hundred ways the state steps in to protect the individual where he is helpless to protect himself. The economic functions of the state have only just begun; with the growing complexity of society, they are sure to increase indefinitely

SUPPLEMENTARY READING

CHAPTER VIII

State Functions

1 The State Militia.— The immediate purpose of the militia is to act as a sort of State police force on which the governor may call in case of serious riots or insurrection. Under an act of Congress, the militia liable to be called out by the President consists of all able-bodied male citizens between the ages of eighteen and forty-five, an aggregate of over fifteen million men. This entire number consists of two classes; a small force (about 100,000 men) of organized militia (known as the national guard and the naval militia); and a vast force of reserve militia, called upon only in time of emergency.

The national guard is in no sense a standing army, but rather a citizen-soldiery, its members pursuing their ordinary vocations and coming together for drill a few times each month at the armories provided by the State government. Each year the entire national guard of the State is assembled in an encampment for the purpose of inspection and drill. Enlistment is voluntary, usually for a period of three years.

Congress prescribes the rules for the organization, armament, and discipline of the militia ; and these are now the same as for the regular army. The militia may be called into the service of the United States in order to execute the laws of the Union, suppress insurrection, and repel invasion. Except when called into the federal service, the commander-in-chief is the governor, assisted by his military staff, at the head of which is the adjutantgeneral. Other officers are appointed by State authorities, or elected by the men.- William B. Guitteau, Government and Politics in the United States," p. 133.

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2 The Police Power.— The police power is the governmental power to make all laws necessary to preserve and protect the public peace, public safety, public health, and public morals. It is universally conceded to justify the destruction or abatement, by summary proceedings, of whatever may be regarded as a public nuisance. For example, under this power government may order the slaughter of diseased cattle; the destruction of decayed or unwholesome food; the regulation of railways and other means of public conveyance; the suppression of gambling and the liquor traffic; and the confinement in hospitals of the insane or those afflicted with contagious disease. Even beyond this, government may interfere wherever the public interests demand; and hence a large discretion is vested in the legislature to determine what the interests of the public require, and the measures necessary for their protection.— Ibid, p. 129.

3 Control of the Liquor Traffic.— The regulation of the liquor business usually devolves upon the cities and counties; but the laws thus carried out are invariably made by the State, and may be either in the form of statutes or embodied in the constitution. There are five main systems in use, three of which are now in force in all but two states. One of the others is the Ohio system of taxing saloons, just as some other kinds of business are taxed. The second exception is the county dispensary system which has replaced in South Carolina the state dispensary.

counties are now allowed to have dispensaries or local prohibition. The three which are much more common are the license system, state prohibition, and local option, which is a form of the license with local prohibition.

Most of the states permit licenses to be granted to liquor saloons upon certain conditions. Until recently the payment of the license“ fee” was the principal one, the “ fee” being moderate in amount, but there has been a decided tendency to replace low license with high license, to prohibit the location of saloons near churches and schools, and to be more particular about the parties to whom licenses are given. More stringent laws have also been made relative to the daily hours of opening and closing side entrances and closing on Sundays, election days and holidays, but all of these things have counted for little where public sentiment

has not compelled at least a partial enforcement of the law, which happily has occurred in most places. The larger license fees have brought more money into the treasuries, but have increased the number of illegal liquor dealers, except where perfect administration of the law was possible. Violation of many of these regulations is unfortunately still the rule, particularly where the police force overlooks the law-breaking for a consideration, or to avoid conflict with the liquor organization.Roscoe L. Ashley, The American Federal State," pp. 375-76.

4 Local Option.— In most of the states the towns, districts, or counties are permitted to decide, by popular vote, whether they will have license or no license. By this method local prohibition exists over one-half of the area of the United States, but only in those parts where it is favored for social or business reasons. It can readily be seen that the enforcement of the law in these localities is likely to be better than that of prohibition states; but the difficulties of enforcement are apt to be greater because importations are easy. Although free from the glaring (efects that characterize the administration of the anti-saloon law in states that have prohibition, local option, nevertheless, encounters much the same class of difficulties as those found under prohibition.— Ibid, p. 377.

5 Prisons for Women.— These institutions should be under the government and administration of competent women, and abs tely separated from prisons for men. Industries adapted to women should be carried on. Discharged prisoners should be carefully watched over for many months, by agents of the administration, until they have been fully restored to good habits. Either the indeterminate sentence or a system of conditional liberation should give to the superintendent of such a prison controllong enough to make the moral treatment thorough and effective.

Hardened thieves and prostitutes should be held under progressive and cumulative sentences for public security. Short terms of imprisonment for such characters have no reformatory value, and social protection requires their permanent segregation.

In no case should reform schools for girls under eighteen years of age be connected, in any way, with prisons for women. Such schools will be considered later, in the chapter devoted to juvenile offenders.

In the best prisons for women, there is, as in men's prisons, a system of grades, marked by distinctions of dress, diet, tableware and treatment. A period of probation is passed in cellular isolation in a well-lighted and well-ventilated, but austerely plain room. There the woman who has been brought away from the wild and tumultuous life of passion is permitted to become quiet; she is shut off from the news of that mad world which has ruined her happiness and character; she gradually becomes hungry for company, and glad to have visits from the officers; cases of delirium tremens and insanity are discovered and treated; and thus preparation is made for the next stages of discipline. Members of different grades are not permitted to speak to each other. They are all taught to think, to consider, to fill their minds with new and higher images and materials of reflection, and they are trained in some useful industry. Religion, in its simplest and most universal forms, is made to enfold them as an atmosphere full of light, mercy and hope. Ambition, without which no reform is possible; self-respect, which is the keynote of character; self-control, which is character,— have been gained by many an unstable, sinful, or despairing soul simply by the purposeful effort to attain the best rank in her little world.” — Charles Richmond Henderson, "Dependent, Defective, and Delinquent Classes," p. 299.

6 The Contract System.- The prison authorities make contracts with manufacturers for a certain price per day for each laborer, the prisoners working under the direction of the agents of the contractors. The machinery may be supplied by the state or by the contractors, according to agreement. For some reasons this plan has been found a financial advantage to the state. Men who are engaged in the business of manufacturing certain kinds of goods acquire skill in purchase of raw material, in the organization of a shop, and in the marketing of products, which is difficult for a warden to iire in addition to the many other forms of knowledge which he must possess. For these reasons the private contractor can sometimes, perhaps generally, secure better financial results than the average warden. If the costly machinery is put

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