FREE BOOKS

Author's List




PREV.   NEXT  
|<   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257  
258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   >>   >|  
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
PREV.   NEXT  
|<   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257  
258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   >>   >|  



Top keywords:

States

 

enabling

 

Oklahoma

 

constitutional

 

Western

 

question

 
Federal
 
Constitution
 

guilds

 

legislation


consent

 

manner

 

Mormonism

 

capital

 

admitted

 

presented

 

period

 

Congress

 

necessarily

 
European

elaborate

 

Trades

 

lawful

 

universally

 

common

 

unions

 

summarized

 

existing

 
establish
 

obligation


lawyer

 

sought

 

United

 

rights

 

France

 
concerned
 

section

 

meantime

 

morrow

 

formation


strict

 
governmental
 

control

 

exercised

 

Austria

 

compulsory

 
recognized
 

membership

 

principle

 
obligatory