Daily Kennebec journal., 1911-01-12


of Knox County Bar for New system of
Law Courts.
tory for many offices and FIVE others
for some Offices. Recently adopted
Ia New Ha,npsnire. its operation has
been so successful and satisfa ctorv as
to c"mmand the strong favorable opin-
ion of men originally hostile to the
plan. If il has any enemies which
l doubt, they can have no hope of
securing a repeai of this law
An amendment to the federal con-
sti.ution, substituting popular cleo
tiCn of United States senator's for
the present constitutional mehods
would have been formerly regarded
as a radical uprooting Of the founda
items laid by the fathers. Bat this
fundanaent4 4 change seems to be di :
reoily upon us. Th;rty-two state leg
islatures have already declared for
it. 1t is being demanded in many
platforms of both the great political
parties. Five times the national House
| has voted overwhelmingly in its favor
and I will undoubtedly come up for
direct action before the Senate dur
ing this session.
We should not deluGe ourselves as
to tho real meaning of these move
ments. This protest against the rep
fesorta tive form of government estab-
lished by the fathers grows out of
popular distrust of the integrity of
the representatives and agents. The
people have come TO believe that their
representatives Gn any office) are
often ontiolled by private relations
with powerful corpt rate and private
interests instead of by their public
duty This distrust. often unfo lHded
arises from ignorance of the influences
which are at work. But the distrust
is here. Lack pf confidence in many
OF their own representatives and
agents las Increased in the general
mind, aud the people are seeking -
| remedy this e"il by overturning rep
! reeent1t.Ne government, eliminating
| their representatives, delegates and
| eSerts and, 50 far rs practicable, as
! suniiag direct control of making and
vetoing laws.
| Managers of corporate and other in
| Gustries. both large and small. can
not safely shut their eyes, disregard
| these f.icts. or festtate tn make .ea-
| sonable readjustmcntS of their bus
mess relations with the public. When
| the legal adv iS"rs of business and
| property interests realize these changes
and predicate their advice upon things
| as they are today, and not upon things
| rs they were % years ago, the more
valuable Will be their advice and the
scorer viii they regain the now inn
Of lln itIltt 4
| whose servants they are.
| Another striking proof that the world
| is mt Jing raridly is found in the re-
| cent GeveloDmt Mt of the laws taxing
| s.iheritances. These laws are pased
Oh the theory that there is no nataral
right of inheritance but that property
| passes from decedent to heir only
| b. consent of the State, and in per
| hitting such transfer the state may
| imoosa such conditions as it chooses
In 1892 there were only nine states
| which imposed such taxes. but III
1908 the number of states mad IN
| creased to Sc. In one-half the states
the rates are graded and highly pro
| gressiye.
| Another radical development on diff
| ferent lines, although in the same gen
| eral direction, has suddenly appeared
Upon the attention of the courts and
the profession as well as the entire In
dustrial community there now presses
a. revolutionary change whose import
ance seems to justify special consider
alton here. I refer to the so-called
workmen's compensation acts.
Under the present rules of law. the
liability for an industrial accident II
| based solely on the common law neg
| ligence of the employer. In some states
the common law is reinforced by stat
| ute. in the absence of such negligence
| the injured workman or his dependents
| in case of death, receive nothing.
| The new system may be briefly de-
scribed as one which undertakes to
change the common law principle and
enlarge the workmens compensation
| for accidental injuries beyond the linz
! its set by the common law. and pro-
| vide compensation to workmen IN
1 jured or killed in the course of em
| ployment, according to a fixed sched-
| ulc applicable in every case where the