e summarized above. In the meantime Oklahoma has
presented to the constitutional lawyer the long-sought problem of
whether a sovereign State once admitted to the Union is bound by
the Act of Congress authorizing such admission. The enabling act of
Oklahoma required that its capital should be fixed at Guthrie and
not moved for a period of years. In May, 1910, within such period of
limitation, by act of legislature, supplemented by a plebiscitum of
the people and the executive action of Governor Haskell, the capital
was removed to Oklahoma City, and the State seal conveyed there
surreptitiously, in spite of the injunction of a Federal district
court. A more beautiful American constitutional question could hardly
be presented. It may not at first seem to the reader so important, but
when he considers that, for instance, Utah and other Western States
have abolished Mormonism in the same manner, or have agreed to give
equal treatment to the Japanese and Chinese in the same manner--by
an enabling act of Congress, ratified and perpetuated in the State
Constitution--he will see the importance of the question. It was
anticipated in the writer's work on constitutional law ("Federal and
State Constitutions," p. 186, note 8): "The enabling acts admitting
the eight new Western States usually provided against polygamy on
account of the Mormon influence, and this, with other provisions
concerning schools, etc., was made forever irrepealable without the
consent of the United States; see Utah 3, 1. This is probably only a
moral obligation; a State when once admitted comes in with all the
rights of the older States. So far as this section is concerned, Utah
could probably amend her Constitution and re-establish Mormonism
to-morrow."
European legislation is necessarily more elaborate because there is
usually no body of existing common law. Trades-unions are universally
made lawful, as they are with us. But in France in certain cases the
consent of the government to the formation of such organizations is
necessary; and the Code Napoleon made unlawful all combinations of
persons with an "evil end."[1] So, "full freedom of association" is
now guaranteed in Switzerland; and in Germany the trade guilds are
largely recognized, but membership must not be compulsory. In Austria
a strict governmental control is exercised, and the principle of
obligatory guilds is unreservedly accepted. There does not appear to
be any legislation upon strikes exc
|