State Legislation in 1908.

THE following statement of the more important legislation effected by State Legislatures in 1908 is a summary compiled, by permission, from the appendix to the address of the Hon. Jacob M. Dickinson, of Illinois, president of the American Bar Association, at the annual meeting held at Seattle, Wash., in August, 1908.

The Legislatures in session in 1908 were those of the States of Alabama, Illinois, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, South Carolina, Virginia, and West Virginia. In Oregon certain acts were submitted to vote under a referendum. When this address was prepared the Legislature of Georgia was still in session, and the acts had not yet been published. The folowing is the summary:

Agriculture.-Louisiana provided for the establishment by the State Board of Agriculture and Immigration of a branch experimental station at some suitable point in the rice belt of Southwestern Louisiana, for the purpose of carrying on scientific and experimental investigation with reference to the production of rice. That State also passed an act fixing a standard of cotton classification.

Mississippi established county departments of agriculture to disseminate useful information among the farmers and to develop the agricultural resources of the counties. Mississippi also provided rules and regulations to prevent the introduction and spread of insect pests and plant diseases, and to prevent the importation of nursery stock infested with injurious insects or diseases. Inspection by the State entomologists is provided_for, and shipments of nursery stock are required to be made under proper certificate. It is made the duty of transportation companies and their agents to notify the State entomologists of any shipments made without such certificate.

Mississippi also provided for the establishment of county agricultural high schools, for the purpose of instructing the white youth of the counties in theoretical and practical agriculture.

Child Labor.-Louisiana, Kentucky, Mississippi, Ohio and Virginia enacted child labor laws.

Kentucky provided that children under fourteen years of age can not be employed in labor during school terms, and in no event except on farms or in domestic work. Those between fourteen and sixteen years of age may work in employments not dangerous to health, morals, life or limb. The act requires safeguarding machinery, prohibits certain work, imposes requirements as to sanitary conditions and provides penalties for the violation of the act.

Mississippi enacted that children under twelve years of age shall not work in mills or factories, that those under sixteen shall not work in factories above ten hours per day, and that no child under sixteen shall be employed to work in any mill, factory or manufacturing establishment without the consent of parent or guardian. It is made the duty of sheriffs and county health officers to visit factories employing children, and of officers and managers to give correct information demanded of them. Violation of the law is punishable by fine or imprisonment, or both. The act only applies to factories working cotton, wool or other fabrics or where children are employed indoors at work injurious to health or in operating dangerous machinery.

Ohio provided that no child under fourteen years of age shall be employed in any factory, workshop, business office, telephone or telegraph office, restaurant, bakery, hotel, apartment house, mercantile or other establishment, or in the distribution or transmission of merchandise or messages. Children between fourteen and sixteen years of age are permitted to be so employed if they have a schooling certificate. Boys under sixteen years of age and girls under eighteen years of age when allowed by law to pursue such employment are not allowed to work more than forty-eight hours in any one week, nor more than eight hours in any one day, nor before seven o'clock in the morning nor after six o'clock in the evening, and shall be entitled to not less than thirty minutes for meal time and the meal time shall not be included as part of the work hours of the week or day. Any child under the age of sixteen is not permitted to be employed in any of the following occupations: Sewing machine belts in any workshop or factory; adjusting belts, oiling, wiping or cleaning machinery, operating circular or band saws, wood-shapers, wood-jointers, planers, sand-paper or wood-polishing machinery; job or cylinder printing presses operated by power other than foot; emery or polishing wheels for polishing metals; wood-turning or boring machinery; stamping machines; corrugating rolls; steam boilers or other steam generating apparatus; dough brakes or cracker machinery; wire or iron straightening machinery; rolling mill machinery, punches or shears; washing, grinding or mixing mills; calendar rolls in rubber manufacturing; laundering machinery; passenger or freight elevators; preparing compositions in which dangerous or poisonous acids are used; manufacture of paints, colors or white lead; dipping, dyeing or packing matches; manufacturing, packing or storing powder; dynamite, nitro-glycerine, compounds, fuses or other explosives; manufacturing goods for immoral purposes; as pin boys in bowling alleys or in or about any distillery, brewery or any other place where malt or alcoholic liquors are manufactured, packed, wrapped or bottled; nor in any theatre, hotel, concert hall, drug store, saloon or place of amusement wherein intoxicating liquors are sold; in any other employment which may be considered dangerous to their lives, limbs, health or morals. in any

No female under the age of sixteen years is allowed to be employed capacity where such employment compels her to remain standing constantly, nor in assorting, manufacturing or packing tobacco. The act provides for the appointment of eight women visitors. It is made the duty of such visitors to visit all shops and factories in which women and children are employed and carefully inspect the sanitary conditions and means of exit, and machinery that may become dangerous, and to see that the same is guarded and surrounded with sufficient guards to prevent accidents or injury.

Virginia enacted that after March 1, 1909, no child under thirteen years of age, and

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after March 1, 1910, no child under fourteen years of age, shall be employed in factories, workshops, mines, or mercantile establishments, except in cases of orphans and children with dependent relatives.

Children-Delinquent, Dependent and Abandoned.-Louisiana passed an act regulating the care, treatment and control of neglected and delinquent children, seventeen years of age and under, and providing for the trial of adults charged with the violating of laws for the protection of the physical, moral and mental well-being of children, or with desertion or failure to support wife or children. By the same act a Juvenile Court is created in the Parish of Orleans.

The State of Michigan provided for the care of destitute, homeless, abandoned, or delinquent children, and vested the Probate Court with jurisdiction over them.

Ohio, repealing former acts, passed a new and comprehensive statute relating to the control and care of dependent, neglected and delinquent children.

Corporations.-Louisiana passed an act providing for enforcing the execution of judgments forfeiting or annulling the charters of corporations domiciled in the State.

Maryland provided for incorporation under the general law "for any lawful purpose." The estoppel doctrine was made applicable in cases of attack upon corporate existence. Voting trusts for a period not exceeding five years are made lawful. Provision is made for the protection of minority shareholders in cases of consolidation and merger. The statutory liability of stockholders has been limited, and such liability, where it exists, has been made an asset for equal distribution among all creditors. Shares may be paid for in services and property, but in cases where other than money is accepted in payment for shares, a certificate showing the facts must be recorded. Subject to this restriction, the action of the stockholders in accepting other than money is binding upon creditors in the absence of actual fraud. Owners in the aggregate of five per cent. of the outstanding capital stock may, upon written request, have a statement of the affairs of the corporation under oath, showing in detail the assets and liabilities, within twenty days after such request. Every president or treasurer refusing to file such statement is liable to the person making the request in the sum of $50 for each day's delay. All the books of every corporation are, during business hours, open for inspection to any person or persons holding in the aggregate five per cent. of the outstanding capital stock. Stringent regulations are made to prevent the payment of dividends improperly, and no money can be loaned to any stockholder or director without the assenting officers and directors being personally liable therefor. This, however, does not apply to those corporations whose principal business under their charters is to lend money or to receive money on deposit, or to any life insurance company lending money to its policyholders on their policies. All the usual requirements and obligations in modern legislation applicable to foreign corporations doing business in the State are enacted. All corporations formed under the act and all those created theretofore are given the right of perpetual succession until forfeiture. Michigan provided that every corporation which has paid a franchise fee and been admitted to do business in the State, which shall thereafter increase its capital stock represented by property used and business done in Michigan, shall pay an additional franchise fee of one-half of one mill on each dollar of increase, represented by property owned and. business done in Michigan. Whenever requested by the Secretary of State, a statement under oath shall be filed showing the proportion of the property used and business transacted in Michigan. This provision is incapable of fulfilment by railroad companies with any degree of even approximate accuracy. It is impossible to tell what proportion of a railroad company's property is used in carrying on business within a State, when the same property is being used at the same time for carrying on interstate business. No sound basis has ever yet been reached for making such an estimate. The problem has vexed the most critical accountants, and will probably remain insoluble.

Mississippi enacted that any public service corporation which when sued in any State ecurt shall remove such cause to a Federal court, or which shall institute any suit in the Federal court of that State, which it could not maintain if it were a domestic company incorporated under the laws of the State, shall forfeit its right to carry on interstate commerce within the State and also the right of eminent domain in the State.

Mississippi made it unlawful for any district-attorney or any attorney-at-law associated in practice with any district-attorney, and attorneys for levee boards, to represent in a legal capacity any public service corporation; and any attorney violating the act is guilty of a misdemeanor, and in addition to being subject to a fine, shall forfeit his license to practice law in the State.

Courts, Practice and Remedies.-Alabama enacted that graduates of the Law Department of the University of Alabama, upon presentation of their diplomas, and the payment of license fees and the proof of good moral character, shall be entitled to practice in all the courts of the State.

Louisiana passed an act to prevent the courts of that State from granting writs of injunction maintaining a person removed from office in the possession of the same or restraining his successor from taking possession of the office, books, documents, archives, or emoluments thereof.

Louisiana also enacted that any person who shall practice as an attorney and counsellor-at-law in any court of record in the State without having first been examined and obtained a license as required by law, shall be guilty of a midemeanor, and subject to a fine of not less than $50 nor more than $200, or to imprisonment in the parish jail not exceeding thirty days.

Maryland passed an act prohibiting the practice of law or giving of legal advice without admission to the bar, and providing a penalty of fine or imprisonment for false representation as to membership.

Maryland passed a very stringent and comprehensive law against barratry, which, if enforced, will bear hard on "ambulance chasers" and side-partners in promoting litigation. It provides that: "Whoever, for his own gain, and having no existing relationship or interest in the issue, directly or indirectly, solicits another to sue at law or in equity, or to make a

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litigious claim, or to retain his own or another's services in so suing or making a litigious claim; or whoever knowingly prosecutes a case in which his services have been retained as a result of such solicitation; or causes any case to be instituted without authority; or whoever, being an attorney-at-law, directly or indirectly, agrees to procure another to be employed as an expert witness, or otherwise, or procures another to be so employed in consideration of his so soliciting litigious business or undertaking to solicit it, or in any other way compensates or agrees to compensate another for so doing, shall upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment in jail for not more than three months, or by both. Any solicitation as aforesaid shall be prima facie evidence that the person so soliciting is doing so for gain."

Massachusetts passed an act providing that women may be appointed assistant clerks in police, district or municipal courts.

Mississippi provided a direct appeal to the Supreme Court from an order of the Railroad Commission, the validity of which shall be disputed upon the ground that the Commission was without power to make it, or whenever the Commission shall refuse to make an order asked for upon the ground that it is without power to make it. A bill of exceptions is provided for, limited to such facts as may be necessary to present only the question as to the power of the Commission in the premises.

Mississippi abolished the limitation of one year provided for the bringing of suits for injuries producing death. New Jersey provided for pensioning its judges. They must have reached the age of seventy-three and have served the State for twenty-one years, and on retirement are to receive an amount equal to one-third of the former salary.

Virginia provided that where an injunction is granted without notice, the order shall prescribe the time within which it shall be effective, and after such time, unless previously enlarged, it shall stand dissolved. Within the time designated the party to whom the injunction is awarded may upon notice apply for an enlargement or a further injunction, and the adverse party may move to dissolve the injunction.

The "unwritten law" as interpreted by the courts of Virginia, has been, in its application, modified by a statute of the State which provides that testimony may be admitted as to the truth of the statements which led to the homicide.

Crimes and Corrections.-Louisiana passed an act making it a misdemeanor for any school officer or teacher while employed in the public schools to act as agent for, or receive gifts, rebates, commissions, or fees, directly or indirectly, from individuals or companies that manufacture, handle, or sell in the State of Louisiana any kind of school books, school supplies, school furniture or school building materials.

Louisiana enacted that it shall be a misdemeanor for any person to appear at a picnic. barbecue, children's day celebration, church service, Sunday school celebration, literary Society or any other public gathering, or on any railway train in the State, in a drunken or intoxicated condition.

Louisiana enacted a statute to prohibit gambling on horse races "by the operation of betting books, French Mutual pooling devices, auction pools, or any other device," and has made the violation of the act a misdemeanor punishable by fine and imprisonment.

That State also passed an act providing that if any person shall wilfully and mali ciously set fire to or burn or blow up or destroy with dynamite, gunpowder or other explosive substance, or set fire to or explode any explosive substance with intent to blow up or destroy any house, building, shed, outhouse, levee, dam, ship, vessel, steamboat, street or railroad car, or other vehicle, or other construction in or on which human beings are customarily to be found, such person shall be guilty of a crime, and on conviction thereof shall suffer the death penalty."

It made it a misdemeanor for any person, firm, association or corporation, intentionally, for the purpose of injuring or destroying the business of a competitor in any locality, to discriminate between different sections, communities, cities or localities in the State, by selling such commodities at a lower rate in one section, community, city or locality, than in another, making due allowance for the grade of commodity and cost of transportation. Louisiana also passed an act to protect prisoners while in the custody of officers of the law, making it a misdemeanor for any such officer to frighten by threat, or to torture, or to resort to any means of an inhuman nature whatever, to secure a confession from the accused. It also passed an act against blackmail, and an act defining kidnapping and making the offence punishable by imprisonment at hard labor or otherwise for a period not exceeding twenty years, in the discretion of the court. By another act, concubinage between a person of the Caucasian race and a person of the Negro race is made a felony. Louisiana also passed an act making it a misdemeanor to make, circulate or transmit false statements, rumors, reports or suggestions written, printed or spoken concerning the financial conditions of any bank organized under the laws of the State, and derogatory to the same.

Massachusetts enacted that photographic plates, if the pictures are not intended for sale, may be exposed on the Lord's Day, and that ice cream may be delivered on that day. New Jersey provided for a Dependency and Criminality Commission to investigate the causes of dependency and crime, and point out methods for their amelioration and elimi

nation.

That State also passed an act making the encouraging of arson and anarchy by any means a high misdemeanor. A laudable effort to destroy petty graft has been made by an enactment of New Jersey providing that it shall be a misdemeanor to give, offer or promise any gift or gratuity to an agent, employee or servant without the knowledge of the principal, employer or master, with intent to influence his action in his employment. acceptance of such gratuity is likewise a misdemeanor. This is likely to interfere with the close relations existing between butlers and cooks on the one hand and dealers in household articles on the other.

The

New York prohibited any contract of sale upon credit or margin of any securities or commodities, wherein both parties intend that it shall be settled upon the basis of the public market quotations of prices made on any board of trade upon which such commodi

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ties or securities are dealt in, and without intending a bona fide purchase and sale of the same. Any one in any way making any quotations of prices with intent to make any such contracts shall be guilty of a felony. The act defines "bucket shop" as any building, room, apartment, booth, office or store, or any other place, where any contract prohibited by the act is made or offered to be made.

Rhode Island and Virginia also passed acts prohibiting "bucketing, bucket-shopping, and to abolish bucket shops."

Mississippi also made what is commonly known as dealing in futures unlawful, and the parties participating therein guilty of a misdemeanor. The establishment or maintaining any office for such purpose is prohibited, and money lost in such transactions may be recovered. The renting or leasing of an office for such purpose is made a misdemeanor.

New York established a State farm for women, with outdoor treatment of female delinquents. The object is to give them such industrial occupation as will tend to improve the general physical, mental and moral welfare. Such occupation is to be carried on in the open air as far as practicable.

Ohio made it a misdemeanor punishable by fine or imprisonment or both for a stenographer to disclose any matters dictated to such stenographer by his or her employers.

By an act of Ohio of May 9, 1908, courts are permitted to suspend the execution of sentence where it appears to the court that the defendant has never been imprisoned for crime and that the character of the defendant and the circumstances of the case are such that he is not likely again to engage in any offensive course of conduct and that the public good does not demand or require that the defendant shall suffer the penalty imposed by law. Certain heinous crimes are excepted from the provisions of the act. Ohio passed a statute against the use, knowingly, of false weights and measures. Another statute of Ohio makes the malicious cutting down or destroying tobacco belonging to another a criminal offence.

Ohio made it a criminal offence for any person knowingly to make or publish any prospectus concerning the affairs or financial condition or property of any corporation, joint stock association, co-partnership or individual, which contains any statement which is false or wilfully exaggerated and intended to deceive any person or persons as to the real value of securities offered for sale.

Virginia established a death chamber at the penitentiary and provided that all executions shall be by electrocution.

Education.-Kentucky passed an act which makes attendance upon schools by children between seven and fourteen years of age in cities of certain classes compulsory, unless they are taught privately or have acquired the common school advantages of instruction. Louisiana enacted that all diplomas or degrees, whether literary or scientific, academic or professional, granted by the Board of Supervisors of the Louisiana State University and Agricultural and Mechanical College, shall be recognized by the courts and other officials of Louisiana as entitling the graduates holding the same to the same rights, immunities and privileges in the State of Louisiana as the diplomas or degrees of any other institution of learning whatever.

Maryland provided for retiring its aged and indigent teachers of public schools upon a pension of two hundred dollars per annum.

In order to provide competent colored teachers for colored schools, Maryland has taken over the management of the Baltimore Normal School, to be under the control of the State Board of Education.

Massachusetts incorporated an American College for Girls at Constantinople, in Turkey, authorizing it to grant such degrees as are granted by institutions of learning in Massachusetts. That State also enacted that street or elevated railway companies shall charge school children travelling to and from their schools and their homes only one-half the regular fare charged other passengers between the same points.

North Carolina provided that blind children shall be compelled to attend school, and that parents, guardians or custodians of any blind children between prescribed ages failing to send them to school shall be guilty of a misdemeanor.

Ohio established a Commission for the Blind, defining its powers and duties, and conferring upon it the power to establish schools for industrial training and workshops for the employment of suitable blind persons, and to equip and maintain such schools.

It is noteworthy that in a very comprehensive law passed by West Virginia relating to education it is provided that every person having under control a child between the age of eight and fifteen years of age, shall cause such child to attend some free school for a period of twenty-four weeks yearly, and that for every neglect of such duty the offender shall be subject to a fine of two dollars for the first offence and five dollars for each subsequent offence, the offence consisting in the failure for two days in any week to cause such child to attend school, except in cases of sickness or death in the pupil's family, or other reasonable cause, or unless the pupil be thoroughly and systematically instructed for a like period elsewhere, provided that there be a school in session within two miles of the pupil's home by the nearest travelled road. A truant officer is provided to ascertain any violations of the law, and see to its enforcement. Any employer who induces the absence of such child from school or employs such child unlawfully absent is subject to a fine and imprisonment. Teachers are likewise charged with co-operation in the enforcement of the law.

Virginia provided for the retirement and pensioning of public teachers who have taught in the public schools of the State an aggregate of twenty years, if such persons have maintained a good record and by reason of physical or mental infirmity or old age are incapable of rendering efficient service as teachers, Voluntary application may be made under the same conditions by one who has taught for twenty-five years.

Finance.-Louisiana amended Article 2924 of its Civil Code, relating to interest. Legal interest is fixed at 5 per cent. per annum on all sums which are the subject of a judicial demand, and on sums at banks at the rates fixed by their charters. The amount

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of conventional interest shall not exceed 8 per cent. per annum, and the same must be fixed in writing.

Fish and Game.-Various acts were passed by the States in which sessions of the Legislatures were held during the past year, in relation to fish and game, but as such statutes are chiefly of local interest, it is hardly necessary to notice them here. All seasons have generally been accepted as open for the destruction of foxes, but the sporting disposition of the South Carolinians asserted itself in an act which makes it unlawful to take in any manner a fox in certain counties between the fifteenth day of February and the first of September.

It may be noted that Louisiana passed an act declaring diamond-back terrapins the property of the State, and regulating the catching, killing and sale of the same.

Forestry.--Alabama provided for a State Commission of Forestry, defining its duties, and requiring it to publish annually "a report upon the forest conditions in Alabama, with reference to the preservation of forests, the effects of the destruction of forests upon the welfare of the State, and all other matters pertaining to the subject of forestry." It is also made the duty of the commission to report to each session of the Legislature the results of their investigations and to recommend desirable legislation with reference to forestry.

A resolution was passed by the Legislature of Illinois providing for a Forest Preserve District Commission, to investigate and report in regard to the creation of forest preserve districts and to recommend legislation in regard thereto.

Louisiana provided for a commission for the conservation of the natural resources of the State, to be known as the Commission on Natural Resources, and has provided for its administration and duties. By another act, Louisiana established a Chair of Forestry in the State University.

The State of Maryland passed an act consenting to the acquisition by the United States of lands in the mountain region of Maryland for the establishment of a National Forest Reserve, and consented that Congress may pass laws for the management, control and protection of the same.

Massachusetts passed an act to provide for the purchase of forest land and for reforestation. By another act it is provided that land upon which certain specified kinds of trees are planted to the number of not less than 600 per acre shall be exempt from taxation for a period of ten years after said trees have grown in height two feet on the average. Rhode Island provided that lands worth not more than $25 per acre are exempt from taxation when planted with trees of named kinds, not less than 500 trees to the acre. Insurance.-Louisiana enacted a number of statutes relating to insurance. By one act the organization of Industrial Life Insurance Companies is authorized, and such companies are required to make a deposit with the State Treasurer. The act provides that stock companies shall have a fully paid up capital and that mutual companies shall have an initial fund, and has provided for the issuance of licenses to them by the Secretary of State before they begin business. Another act was passed to prevent discrimination between policyholders of life insurance companies doing business in the State by the sale of special contracts or other inducements under pretense of making such holders agents of the company, and providing penalties for the enforcement of the act.

Louisiana passed an act providing for the organization of insurance companies on the stock plan in that State; the kinds of insurance which can be transacted, the amount of capital required for such companies other than companies formed for the purpose of transacting life, health, accident, burial or sick benefit insurance on the industrial plan. By another act, fire insurance companies are required to furnish blanks for proof of loss, failure to do so being deemed a waiver of the requirement of any statement or proof of loss at the hands of the insured person, firm or corporation. Prompt settlement by insurance companies for losses is required, and upon failure to settle within the designated time the insurance company becomes liable to a penalty of 12 per cent. on the amount of the loss as damages.

Another act provides for the organization of mutual life insurance companies, and requires a deposit from the same.

Louisiana passed an act providing that no policy thereafter issued by any fire insurance company authorized to do business in the State shall contain any clause or provision requiring the assured to take out or maintain a larger amount of insurance than that covered by such policy, nor in any way providing that the insured shall be liable as co-insurer with the company issuing the policy for any part of the loss or damage which may be occasioned by fire, lightning or windstorm to the property located in the State of Louisiana covered by such loss or damage, or any part thereof, by reason of the failure of the assured to take out and maintain other insurance upon said property.

The State of Louisiana also enacted that life, health and accident companies which Issue policies or contracts of insurance to the assured without a medical examination by a physician, shall waive their right to claim forfeiture for misrepresentations under certain conditions.

Ohio passed a very comprehensive up-to-date life insurance law, providing that any one soliciting insurance shall be regarded as the agent of the company, that no such company shall make any discrimination in favor of individuals of the same class and equal expectation of life as to premiums, etc., that the policy must clearly set forth the contract, that there shall be no special favors, that no stock, bonds or other securities shall be disposed of in connection with the policy, that no domestic life insurance company shall disburse $100 or more unless evidenced by voucher, that every company shall file statements as to profit and loss with reference to each kind of insurance, that no misrepresentation shall be made as to funds or assets, and there shall be annual net valuations of all outstanding policies.

South Carolina established a separate and distinct department of the State government, to be known as the Insurance Department, charged with the enforcement and execution of the laws relating to insurance, devolving upon it duties hitherto performed in that respect