Miscellaneous Matters. With respect to labor a large number of constitutional changes have been introduced into constitutions since 1900. Perhaps the most important of these changes are those which relate to (1) hours of employment on public work, (2) workmen's compensation, and (3) the minimum wage. To some extent constitutional provisions in this field have been forced by judicial decisions adverse to state legislation, but the bulk of labor provisions in state constitutions are primarily statutory in character and relate to matters which might have been completely left to legislative action. The bulk of these provisions may perhaps be said to be directory in character; that is, provisions which merely say that the legislature shall have power to do certain things or shall do certain things.

A new field of possible constitutional provisions with respect to labor is that concerning health insurance. The people of California in 1918 rejected a constitutional provision expressly authorizing health insurance.

There have been a number of constitutional changes in recent years extending the uses of the power of eminent domain, either expressly authorizing excess condemnation, or with respect to specific uses of eminent domain, such as lumber roads and the conservation of natural resources.

Somewhat analogous to these constitutional provisions are amendments rejected in Ohio (1912) and adopted in Massachusetts (1918) expressly conferring power upon the legislatures to regulate advertising upon public roads, highways, etc.

The new constitutions of Alabama, Virginia, Oklahoma, Michigan, Arizona and New Mexico require that corporations be organized under general laws. Each of these six constitutions contains rather full provisions regarding corporations, more especially with reference to public service corporations. Oklahoma has gone further than any other state in the regulation of corporations by constitutional enactment, and has embodied in its constitution an elaborte code of corporation law relating more particularly to public service corporations. Alabama authorizes its legislature to fix railroad rates. Michigan, whose former constitution granted the legislature power to fix railroad rates, in 1908 extended this power to express rates also, and permits the creation of a commission to regulate railway and express. rates. Virginia transferred control over private corporations and over rates of public service corporations to a state corporation commission. Oklahoma, Arizona and New Mexico have also, by their constitutions, established corporation commissions. Nebraska in 1906, by a constitutional amendment, created a railroad commission with power to regulate the rates and services of common carriers. Ohio in 1912 adopted a constitutional amendment expressly authorizing the regulation of corporations. California in 1911 created a railroad commission by constitutional amendment, and Nebraska in 1306 established a railway commission in the same manner.

The period since 1900 has been peculiarly prolific of constitutional and statutory provisions with respect to the sale of liquor. A whole series of states have adopted constitutional prohibition, but a review

of state activity in this field is unnecessary now in view of the federal amendment covering this subject.

Civil service is another matter as to which some constitutional development has taken place since 1900, although this development has limited itself to the states of California (1911), Ohio (1912), and Colorado (1918).

Summary. The statement here merely attempts to sum up the chief lines of constitutional development since 1900. With a number of new constitutions and with some 1500 proposed amendments of which more than 900 were adopted, it is impossible to do more in this statement than to indicate the main lines of development. As has already been said, the greater number of constitutional changes have related to matters of detail, which could not be brought within any statement of general or broad developments. It seems desirable here to repeat the statement that a large proportion of the changes which have taken place by constitutional amendment or revision are relatively less important than changes made in the same states by statute. The use of the compulsory referendum for the enlargement of the bounds of constitutional development has gone so far that if one were speaking of all of the constitutional proposals since 1900, it is necessary to say that the bulk of them were relatively unimportant and were matters which if they had been possible without a popular vote would never have been submitted to the people under any plan by which popular petition could have required such submission.

A matter of general interest at a particular time is likely to be dealt with by constitutional provisions, irrespective of whether there is any specific need of placing it in the constitution. Many new matters dealt with in constitutions are handled by giving directions to the legislatures. That is, the legislatures are directed or authorized to take certain action. Provisions of this character are ordinarily inserted at the instance of advocates of action as to the particular matter, but under them there is no legal method of forcing legislative action. If the provisions relate to matters already within the legislative power, their only effect is to compel the legislature, if it acts, to act within the limits of such provisions. For example, a command to the legislature to enact a particular type of workmen's compensation law will not compel the legislature to enact such legislation, but legally will have the negative effect of preventing the enactment of any other type of workmen's compensation law.

Attention should again be called to the fact that detailed constitutional provisions introduced either by amendment or otherwise necessarily lead to further and frequent changes. The California constitutional provisions for municipal home rule are a striking example of this statement. Michigan in 1914 adopted a constitutional amendment with respect to absent voting, enumerating the classes of voters. to be affected, and found it necessary in 1918 to amend the constitution again in order to include a new class of voters. Detailed constitu

tional provisions tend by amendment to become more detailed as new contingencies arise, if the constitution is easily amendable; if not they prevent progress. A broad constitutional provision does not require frequent change.

Another matter to which attention may be called is the tendency of the people to disapprove proposals for increases of salaries. No matter how low a salary may be and no matter how clear may be the need for increase, this statement applies equally as if the proposals were ones for extravagant or unreasonable increases. Voters are particularly apt to reject proposals for the increase of salaries of members of legislative bodies.

Another tendency which may be noted (and which applies to increase of salary as well as to other matters) is that the voters are apt finally to approve a proposed amendment if it is submitted a sufficient number of times. Persistence in submitting a proposal at each biennial election is apt finally to be rewarded by success.

APPENDIX.

ACT CALLING CONSTITUTIONAL CONVENTION.

AN ACT to assemble a convention to revise, alter or amend the Constitution of the State of Illinois.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly: That at the hour of 12 o'clock noon, on the sixth day of January, 1920, a convention to revise, alter or amend the Constitution of the State of Illinois shall meet in the hall of the Representatives of the General Assembly in the capitol building, in the City of Springfield. The Secretary of State shall take such steps as may be necessary to prepare the hall of the Representatives for the meeting of the convention.

§ 2. The convention shall consist of one hundred and two delegates. Two delegates shall be elected in and from each district entitled by law to elect a senator to the General Assembly. Delegates shali possess the same qualifications as State senators. The Governor, or the person exercising the powers of Governor, shall issue writs of election to fill vacancies in the convention.

§ 3. A primary election for the nomination of candidates for the position of delegate shall be held on the tenth day of September, 1919. All provisions of law in force at such time, and applying to the nomination of candidates for the office of State senator, shall to the extent that they are not in conflict with the terms of this Act, apply to the primary election herein provided for.

Vacancies created by the death of, or the declination of the nomination by any person nominated as a candidate for the position of a delegate, shall be filled in the manner provided by law for the filling of similar vacancies occasioned by the death of, or declination of the nomination by any person nominated as a candidate for the office of State senator.

Independent nominations for the position of delegate may be made in the manner now provided by law for the nomination of independent candidates by petition.

§ 4. The delegates shall be chosen at an election to be held on the fourth day of November, 1919. Such election shall be conducted in conformity with the laws then in force relating to elections for State senators, to the extent that such laws are applicable.

All votes cast in the election for delegates shall be tabulated, returned and canvassed in the manner then provided by law for the tabulation, return and canvass of votes cast in elections for State senators.

The official or officials, charged with the duty of issuing certificates of election to persons elected to the office of State senator, shall issue certificates of election to all persons duly elected as delegates.

Election contests for membership in the convention shall be heard and determined by the convention.

§ 5. Each delegate before entering upon his duties as a member of the convention, shall take an oath to support the Constitutions of the United States and of the State of Illinois, and to discharge faithfully his duties as a member of the convention. In going to and returning from the convention and during the sessions thereof the delegates shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest; and they shall not be questioned in any other place for any speech or debate in the convention.

§ 6. Each delegate shall receive for his services the sum of two thousand dollars, payable at any time after the convention is organized. The delegates shall be entitled to the same mileage as is paid to the members of the General Assembly, to be computed by the Auditor of Public Accounts. The delegates shall receive no other allowance or emoluments whatever, except the sum of fifty dollars to each delegate, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites. The pay and mileage allowed to each delegate shall be certified to by the president of the convention and entered on the journal of the convention.

§ 7. The convention shall determine the rules of its procedure, shall be the judge of the election, returns, and qualifications of its members, and shall keep a journal of its proceedings.

The Governor shall call the convention to order at its opening session and shall preside over it until a temporary or permanent presiding officer shall have been chosen by the delegates.

The delegates shall elect one of their own number as president of the convention, and they shall have power to appoint a secretary and such employes as may be deemed necessary. The secretary shall receive a compensation of fifteen dollars ($15.00) per day. The employes of the convention shall receive such compensation as shall be determined upon by the convention.

§ 8. The proceedings of the convention shall be filed in the office of the Secretary of State. The revision or alteration of, or the amendments to the Constitution, agreed to and adopted by the convention, shall be recorded in the office of the Secretary of State.

The revision or alteration of, or the amendments to the Constitution, adopted by the convention, shall be submitted to the electors of this State for ratification or rejection, at an election appointed by the convention for that purpose, not less than two months, nor more than six months after the adjournment of the convention. The convention. shall determine the manner in which such revision, alteration or amendment shall be submitted to the electors. The convention shall prescribe the manner and form in which such revision, alteration or amendments shall be published prior to the submission thereof to the electors. No such revision, alteration or amendments shall take effect unless approved by a majority of the electors voting at such election.