twenty-four States have pure-food
laws, which, however, are ineffective because they impose no
sufficient penalty. In 1903, in consequence of the assassination of
President McKinley, Washington and Wisconsin make the advocating
anarchy a felony. Twenty-one more States pass pure-food laws, and
nearly all the States have gone over to local option from State-wide
prohibition, to which latter principle only three States now adhere.
In 1904 Mississippi and Virginia adopt more stringent laws against
vagrancy, and 1905 is the year of active legislation on the
indeterminate sentence, juvenile courts, parole and probation, with
two more statutes against mobs and lynching. In 1907 the States are
busied with the attempt to enforce their prohibition regulations
against the interstate commerce jurisdiction of the Federal
government. Solicitation of interstate orders for liquor is forbidden
in Mississippi, and it is provided that shipments sent C.O.D. are
not to be moved one hundred feet or given away; also, that the mere
possession of an internal revenue receipt from the United States
government is _prima facie_ evidence of an offence against the State
law. Statutes of this kind led to renewed conflict between State and
Federal authority. Virginia adopts the statute against giving tips or
any commissions; see p. 244 above. In 1908 we find more parole and
probation laws, two prohibition and three local-option laws, and four
new pure-food statutes.
Coming to matters of court procedure, in 1890 one State provides that
there should never be called more than six witnesses for each side in
any criminal case, which oddly reminds one of early English trials
by compurgation; but is, of course, quite unconstitutional in
this country. In 1893 Connecticut adopts a statute that honorably
discharged soldiers and sailors addicted to drink are to be "treated"
free at the State hospital. The definition of the word "treated"
seems ambiguous, but in any event it is a pleasing reminder of Bishop
Berkeley's remark that he would "rather see England free than England
sober." Some States provide for a jury of eight in criminal cases
and for a verdict of three-quarters in civil cases--a statute of
questionable constitutionality. Very generally throughout the twenty
years studied by us, the States have adopted stricter rules for the
admission of attorneys at law to practise at the bar.
In 1895 Pennsylvania yields to the physicians and passes a statute
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