Governor Sulzer of New York, in similar vein, says, speaking of the

proposed amendment to the constitution of the United States, providing

for the popular election of senators:

"I favor this change in the federal constitution, as I shall every

other change that will restore the government to the control of the

people. I want the people, in fact as well as in theory, to rule

this great republic and the government at all times to be

responsive to their just demands."

Again, in speaking of the value of human life and its conservation,

Governor Sulzer says:

"If Americans would excel other nations in commerce, in

manufacture, in science, in intellectual growth, and in all other

humane attainments, we must first possess a people physically and

mentally sound. Any achievement that is purchased at the continued

sacrifice of human life does not advance our material resources,

but detracts from the wealth of the state. The leaders of our

civilization now realize these fundamental truths, and the

statesmen, the scientists, and the humanitarians are endeavoring

more and more to protect human life and to secure to each

individual not only the right to life, but the right to decent

standards of living.

"We have had to change old customs and repeal antiquated laws. We

must now convince employers that any industry that saps the

vitality and destroys the initiative of the workers is detrimental

to the interests of the state and menaces the general welfare of

the government. We must try to work out practical legislation that

will apply our social ideals and our views of industrial progress

to secure for our men, women and children the greatest possible

reserve of physical and mental force.

"I hold it to be self-evident that no industry has the right to

sacrifice human life for its profit, but that just as each industry

must reckon in its cost of production the material waste, so it

should also count as a part of the cost of production the human

waste which it employs.... No business has an inalienable right to

child labor. No industry has a right to rob the state of that which

constitutes its greatest wealth. No commerce that depends on child

labor for its success has a right to exist. Let us do what we can

to protect the children of the state and preserve their fundamental

rights.... Human life is infinitely more valuable than the profit

of material things. The state for its own preservation has the

right to demand the use of safer and more hygienic methods, even if

at greater cost of production to the employer. Occupational

diseases should be studied, and the results of careful

investigation embodied in laws to safeguard the health and lives of

the workers."

Governor Craig of North Carolina, another Democrat, but from the more

conservative southland, strikes the same note, when he says:

"We have not realized the moral benefits that should have resulted

from modern progress. Avarice has been stimulated; hope and

opportunity have been denied; antagonism and resentment have been

generated. All classes have suffered. We realize the conditions;

the injustice has been uncovered. It cannot stand in the clear,

calm and resolute gaze of the American people. They are determined

that our law shall be based upon a higher conception of social

obligation and that our civilization shall mean a higher social

life. They have put their hands to the plow and will not look

back."

Let me quote from one more Democratic governor, this time a voice from

the far West. Governor Hunt of Arizona says:

"Recent political events of national magnitude and world-wide

importance clearly prove the people's awakening to their

necessities, their duties and responsibilities. The overwhelming

triumph of militant progressive democracy and the simultaneous

springing into prominent existence of another great party founded

upon and professing the championship of those cardinal principles

of popular government which have long been synonymous with

progressive democracy, discloses a miraculous growth of progressive

conviction, a well-nigh unanimous determination on the part of the

people to assume full control of the government which, while over

them, is rightfully of and for them, marks a leading epoch in the

history of the world's advancement."

The National Progressive Party could scarcely have hoped to accomplish

more than to bring such sentiments and these high aims to the fore, in

the officially announced purposes of their late antagonists who were the

victors in the recent elections. When we remember, however, the

initiative and responsibility in legislation which the chief executive

in nation and state has come to have in our system, the fact that the

above quoted passages are typical of all the governors' messages is

doubly significant. It warrants us in believing that the hour has struck

when the things for which the social workers of the country have striven

will become vital in the organization of American society.

More detailed examination of the recommendations of the governors shows

some interesting tendencies. If the advice of the governors is followed

some system of workmen's compensation will supplement or supersede our

antiquated and unsocial system of employers' liability. This is the

subject upon which public opinion seems to have most definitely

crystallized. No less than twenty-one governors make definite favorable

recommendations, and in three cases (Arizona, California and Oregon) a

state system of insurance is advocated. If all of these states were

added to those that already have passed adequate compensation laws, the

system of workmen's compensation would be extended practically over all

of the industrial area of the United States. This result seems

inevitable, although the work may not be completed in this legislative

year.

Next to workmen's compensation in point of popularity seems to be the

necessity for a public utilities law, or a public service commission, or

the extension of the powers of state supervisory authorities over public

service corporations. This is a subject of positive recommendation on

the part of fourteen governors. In an equal number of states the pending

amendment to the United States constitution providing for the popular or

direct election of Senators receives a favorable recommendation, while

in the other states the governors transmit the amendment without comment

for appropriate action by the legislature. The Kentucky Blue Sky Law, or

some similar provision for state supervision of investment proposals and

securities offered for public subscription, is the subject of comment

and positive recommendation in eleven states.

In an equal number of commonwealths important recommendations are made

with respect to increasing the powers of their labor departments,

including factory inspection and other provisions for the enforcement of

the labor laws. Several governors express a desire for a much more

serious recognition of the state's duties in its relations to labor,

especially that of women and children. In some instances--notably Ohio,

where an industrial commission is proposed, Wisconsin, whose industrial

commission, already the model for several other states, is to have

increased powers, and New York, for which an industrial commission is

also proposed--such recommendations are far-reaching and would mean a

practical reorganization of this department of state activity. The

governor of Rhode Island recommends the adoption of a fifty-four hour

law to harmonize with recent legislation in New York and Massachusetts.

In North Carolina a stronger child labor law is urged, and in Wyoming

the prohibition of the employment of boys under sixteen in mines. This

would bring Wyoming up to the standard already adopted in the leading

mining states.

Popular government still has need of better agencies for expression, and

numerous reforms in the organization of state governments are proposed.

Restlessness under antiquated constitutional limitations is manifest

everywhere. President Wilson in his last message as governor of New

Jersey, voiced this feeling in strong language. He said:

"I urge upon you very earnestly indeed the need and demand for a

Constitutional Convention. The powers of corrupt control have a

numerous and abiding advantage under our constitutional

arrangements as they stand. We shall not be free from them until we

get a different system of representation and a different system of

official responsibility. I hope that this question will be taken up

by the legislature at once and a constitutional convention arranged

for without delay, in which the new forces of our day may speak and

may have a chance to establish their ascendancy over the rule of

machines and bosses."

Similarly a constitutional convention is urged or numerous

constitutional amendments are proposed in six other states. The short

ballot is advocated in six; the initiative, referendum and recall as a

means of extending the control of the people over their legislation is

recommended in nine states, in most of which a constitutional amendment

would be necessary; and the adoption of rules to carry out a

constitutional amendment already passed is recommended in Idaho. A

larger measure of home rule for cities is urged by the governors of six

states (New York, New Jersey, Pennsylvania, Ohio, Michigan and

Missouri). The United States constitutional amendment providing for the

income tax is urged for favorable adoption in three states. An amendment

to the state constitution providing for woman suffrage is favorably

recommended in five states (New York, Pennsylvania, Montana, Nevada and

Iowa), and the immediate extension of suffrage to women in municipal

affairs by the governor of Connecticut. Direct Primaries are still an

issue in two states (New York and Tennessee). The need for stronger

corrupt practices acts is presented in three states. Three governors

also declare for a direct presidential preference primary (Iowa,

Minnesota and Wyoming), while ballot reform is advocated in three states

(Maine, Michigan and Wyoming).

Better legislative methods and the establishment of a legislative

reference, research and drafting bureau are proposed in four states

(Arizona, Minnesota, Ohio and Oklahoma). The governor of Arizona asks

for an anti-lobbying statute. The fiscal policy of the state is a matter

of some comment in practically every message, and in five states

measures for taxation reform are proposed. In five states, including one

of the previous group, the governors recommend an increase of

inheritance taxes or the establishment of an inheritance tax where it

does not already exist.

Constructive and far-reaching measures are suggested pertaining to

public health. A decided awakening is noticeable in this field. Eight

governors recommend more or less definite reorganization of the public

health service and an extension of the powers of the public health

authorities, state and local. In one additional state (New York) the

governor has appointed an important commission. The results of its

labors will probably be enacted into law at this session of the

legislature. Pure food legislation and better protection of weights and

measures receive attention in two states each, as does the greater

restriction of the liquor traffic in two states. Special provision for

the care of tuberculous persons is mentioned in five states.

Another important and popular subject of recommendation, in which the

results of the last annual conference of governors are noticeable,

concerns the better care of prisoners--their employment in outdoor work

and opportunities for earning wages, part of which shall go to reimburse

the state for the cost of their maintenance and part to the support of

their dependent families. These matters are subjects of favorable

recommendation in nine states. The general reform of the criminal law,

especially the shortening of legal processes and the restriction of the

right to appeal, is urged in four states, including Iowa, in which the

governor recommends the abolition of grand juries.

A direct tax in support of higher education is urged in three states,

and provision for the wider use of school buildings as social centers in

the same number. Even more significant, the governors of two states

(North Carolina and Tennessee) urge state-wide compulsory education. In

four commonwealths co-operation with other states is proposed in

accordance with the recent recommendation of President Taft addressed to

the governors of several states. This urged an extension of rural

credits and the provision of some plan similar to the land banks in

foreign countries, to help the farmer get the necessary capital for a

better system of agriculture. Minimum wage laws are proposed in five

states. In two of these and one additional state public aid to dependent

widows and mothers with children is recommended.

Curiously enough, the reform of marriage laws and of those providing a

remedy for desertion and non-support, a subject reported upon by the

Uniform Law Commissioners, does not figure so largely in the governors'

recommendations as would be supposed. The uniform law commissioners have

proposed an excellent and very carefully worked out statute for uniform

marriage and marriage license laws. This receives only partial

endorsement at the hands of three governors, while stricter desertion

and non-support laws also have the endorsement of three governors.

Guarantee of bank deposits is proposed in three states and three of the

western states (Arizona, Missouri and Tennessee) have recommendations

for an extension of state authority, or the establishment of a state

department, to induce immigrants to settle within their borders. A

better regulation of prize-fighting is being agitated in Nevada. Its

prohibition, along with that of gambling, is strongly urged by the

governors of New Mexico and Oklahoma. The governor of Arizona asks for a

statute prohibiting the carrying of concealed weapons, while the

governor of South Carolina asks the legislature to repeal the present

statute on this subject in that state.

Non-partisan election of judges is recommended in Idaho and

Pennsylvania, and the Kansas legislature is asked to petition for an

amendment to the constitution of the United States to provide for the

election of federal judges.

Better care of juvenile delinquents, state-wide supervision of moving

picture shows, stricter regulation of loan sharks, better inspection of

mines, and compulsory arbitration of labor disputes are each recommended

in at least one state.

Thirty-nine legislatures have already met this year, and some of them

have completed their legislative sessions. Two more will convene within

the next three months, making forty-one in all which will play a part

this year in the formulation of the statute law of the country. Our

statute law is already increasing in volume at a rate that has caused

some alarm. It is sorely in need of revision in many important

particulars. Statesmen and reformers alike desire earnestly that it be

undertaken with greater care and more painstaking labor in order that

our state laws may give better expression to the present standards of

conduct and to the needs of our own times.

THE SAND BED

CHARLES W. JEROME

I have a sand bed, and I play

There in the sand for half the day.

And mother comes, and sits by me;

And little sister likes to see

The many things I make of sand.

But she's too young to understand

About the houses and the hills

The mines and stores and flouring mills

And then I make believe, and say

My sand bed is the sunny bay;

These blocks are boats, and far away

They sail all night and sail all day,

And carry iron. When they return

They bring us coal that we may burn.

And now my sand bed is a farm.

This is the barn. Here, safe from harm,

My horses and my cows I keep.

These sheds are for the wooly sheep.

And there you see my piggies's pens.

This yard holds in the lively hens.

This is the garden, where I hoe

My plants; and here the flowers grow.

These sticks are pines, so straight, so tall

And dark. But these aren't half of all

The things I make each pleasant day

Out in the sand bed where I play.

[Illustration: MONTEREY, CALIFORNIA, IN 1842

A view of the town as it was before the "Gringo" came. Four years later

during the Mexican War Commodore Stockton captured Monterey and left

Walter Colton, a naval chaplain, in charge as Alcalde.]

A JUDGE LINDSEY OF THE "IDLE FORTIES"

LAURA B. EVERETT

Under the colorless title Three Years in California was published in

1850 the diary of Walter Colton, elected Alcalde of Monterey in 1846,

who, during his term of office presented what was, for that day, a

singular spectacle of tolerance, humanity and purity of administration.

He can, indeed, be reasonably compared with Judge Lindsey in the courage

and originality displayed in his dealings with the criminal cases

brought before him.

Colton's work in Monterey succeeded a period spent as editor of the

Philadelphia _North American_, and he established later _The

Californian_, the first newspaper published in California.

The office of the Alcalde combined administrative and judicial functions

and, not seldom, even legislative ones. Colton was oppressed by his

power and its responsibility. "Such absolute disposal of questions

affecting property and personal liberty," he observes, "never ought to

be confided to one man. There is not a judge on any bench in England or

the United States whose power is so absolute as that of the Alcalde of

Monterey." But he brought to his work in all its details an unflagging

zeal and constant personal attention which made his administration

unique in the history of the time.

In minor matters, where, as he says, "the Alcalde is himself the law,"

Colton devised methods of appealing to the better instincts of the

wrongdoer. "There is a string in every man's breast," he writes, "which,

if you can rightly touch, will 'discourse music.'" Colton, we see from

his diary, put a sensitive finger on this string in many a heart.

His ideas of punishment belong to the present. "It is difficult," he

says, "to discriminate between offences which flow from moral hardihood

and those which result in a measure from untoward circumstances. There

is a wide difference between the two; and an Alcalde under the Mexican

law has a large scope in which to exercise his sense of moral justice.

Better to err a furlong with mercy than a fathom with cruelty. Unmerited

punishment never yet reformed its subject; to suppose it is a libel on

the human soul."

The following extracts from his account of cases brought before him are

representative:

"A lad of fourteen years was brought before me today charged with

stealing a horse. The evidence of the larceny was conclusive, but

what punishment to inflict was the question. We have no house of

correction, and to sentence him to the ball and chain on the public

works, among hardened culprits, was to cut off all hope of

amendment and inflict an indelible stigma on the youth; so I sent

for the father, who had no good reputation himself, and placing a

riata in his hand, directed him to inflict twenty-four lashes on

his thieving boy. He proceeded as far as twelve, when I stopped

him; they were enough. They seemed inflicted by one attempting to

atone in this form for his own transgressions. 'Inflict the rest,

Soto, on your own evil example; if you had been upright yourself,

you might expect truth and honesty in your boy. You are more

responsible than this lad for his crime; you can never chastise him

into the right path, and continue yourself to travel in the

wrong.'"

"Today I remitted the sentence of my prison cook. He is a Mulatto,

a native of San Domingo; had drifted into California, was attached

in a subordinate capacity to Colonel Fremont's battalion; and while

the troops were quartered in town had robbed the drawer of a liquor

shop of two hundred dollars. For this offence I had sentenced him

to two years on the public works. Discovering early some reliable

traits about the fellow, ... I soon made him cook to the rest of

the prisoners, and allowed him the privilege of the town, so far as

his duties in that capacity were required.... I have trusted him

with money to purchase provisions, and he has faithfully accounted

for every shilling. He has always been kind and attentive to the

sick. For these faithful services I have remitted the remainder of

his sentence, which would have confined him nine months longer, and

have put him on a pay of thirty dollars per month as cook."

The Alcalde settled family difficulties of all varieties, from the case

of the grown son who struck his mother to that of the man who wanted a

divorce because of suspicions he entertained of his wife's conduct

during his absence in Mexico. The judge questioned the plaintiff

severely as to his own behavior during the stay in Mexico, and convinced

him that the wife, though indiscreet, was too good for him.

[Illustration: From "_Sea and Shore_"

WALTER COLTON

Alcalde of Monterey in 1846. The position combined administrative,

judicial and even legislative duties.]

After nearly six months as Alcalde, Colton writes:

"Of the women I have had to deal with here the washerwomen are the

most unmanageable. Two of them entered my office today as full of

fight as the feline antagonists of Kilkenny. It seems they had been

washing in one of the pools created by the recent showers, when one

had taken that part of the margin previously occupied by the other.

War offensive and defensive immediately commenced. One drew a knife

which had a blade two mortal inches in length, and the other a

sharp ivory bodkin. But what their weapons wanted in terror, their

ungentle anger supplied.

"At last one cried out: 'The Alcalde'; the other echoed it, and

both rushed to the office to have their difficulties settled. Their

stories ran together like two conflicting rivulets forced into the

same channel. When the tumult and bubble had a little subsided, I

began cautiously to angle for the truth--a difficult trout to catch

in such waters. But one darter after another was captured, till I

had enough to form some opinion of those that had escaped. These we

discussed till bitter feeling, like biting hunger, became appeased.

Both went away declaring either margin of the pool good enough, and

each urging on the other the first choice."

One deficiency which Colton had to supply was the absence of a

penitentiary system. To quote:

"There are no workhouses here, no buildings adapted to the purpose,

no tools and no trades. The custom has been to fine Spaniards and

whip Indians. The discrimination is unjust, and the punishment

ill-suited to the ends proposed. I have substituted labor, and now

have eight Indians, three Californians, and one Englishman at work

making adobes [sun-dried bricks]. They have all been sentenced for

stealing horses or bullocks. I have given them their task; each is

to make fifty adobes a day, and for all over this they are paid.

They make seventy-five, and for the additional twenty-five each one

gets as many cents. This is paid to them every Saturday night, and

they are allowed to get with it anything but rum. They are

comfortably lodged and fed by the government. I have appointed one

of their number captain. They work in the field; require no other

guard; not one of them has attempted to run away."

Later, Colton had to deal with runaways; two Mexicans each telling him

that the devil incited their flight, while one fellow who stayed behind

in a jail delivery explained that he would not be seen running from

Tophet in such company.

Of a convict who escaped and was brought back Colton says:

"If he will only stop stealing he may run to earth's utmost verge.

He is rather a hardened character, but if he has a good vein in him

I will try to find it. I always like to see a fellow get out of

trouble, and sometimes I half forget his crimes in his misfortunes.

This is not right, perhaps, in one situated as I am; but I cannot

help it."

The Survey, Volume 30, Number 1, April 5, 1913 · 第 4 / 9 段