Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

In 1895 Pennsylvania yields to the physicians and passes a statute forbidding them to disclose communications of patients, but the statute only applies to civil cases.  More States provide for verdicts by a majority of the jury.  Maryland goes Pennsylvania one better in extending the professional privilege to newspaper reporters; that is to say, we find a statute that they may not be compelled to disclose their sources of information, an excellent statute for the yellow journal.  In 1897 California abolishes capital punishment; there has been a general tendency in this direction, of recent years, although some States, having tried the experiment, have returned to it again, as has the Republic of France.  In 1899 the privilege from testifying is extended in one State also to trained nurses, and in others to physicians, even in criminal cases, although they may testify with the patient’s consent.  The same law was adopted in Iowa in 1900, Ohio does away with the common law of libel, except the plaintiff can prove actual malice.  By this year, seventeen States expressly allow women to practise law, and twenty-eight do so by implication.  The Colorado statute for a three-fourths verdict is held unconstitutional.

The regulation of the liquor traffic is, perhaps, after the labor question, the most universal subject of legislation in occidental nations.  Experts on the matter tell us (E.L.  Fanshawe, “Liquor Legislation in the United States and Canada,” Report to Parliament, 1892) that there have hitherto been but three, or possibly four, inventions—­universal or State-wide prohibition, local option, license, high or low, and State administration.  The last was recently tried in South Carolina with more or less success.  Prohibition by a general law does not seem to be effective; local option, on the contrary, does seem to be so.  But the general consensus of opinion, to which Mr. Fanshawe comes, and which seems still to be held by most intelligent American publicists, is that on the whole high license works best, and this the women themselves have just voted in Denver; not only because it actually prohibits to a certain extent, but it regulates and polices the traffic, prevents the sale of adulterated liquor, and to a considerable extent the grosser disorders and political dangers that attend the bar-room.  On the other hand, the power of licensing should never be granted to any political body, but should be granted under fixed rules (determined by geographical position and the local opposition or desire) by the local government.  These rules should not be arbitrary, and the person applying for license should have the right to appeal to some court.

Matters of bribery and political corruption have been somewhat anticipated under Chapter 14.  Suffice it here to say that the States very generally have been adopting statutes making bribery criminal and a cause of permanent disqualification from all political right, either voting or holding office, and this applies both to the person bribing and the person receiving the bribe.  Bribery by offers or promise of employment is a far more difficult matter, but this matter also certain States have sought to regulate.

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Popular Law-making from Project Gutenberg. Public domain.