"Reflections on the Present Constitution
of New York," 392 n.
Lincoln, on nature of Union, 3-4, 7; sus-
pension of the privilege of the writ of
habeas corpus by, 17; on natural rights,
23; Address at Cooper Union, 43 n;
election of, 181.

Lincoln, C. Z., Constitutional History of
New York, 90 n, III n.

Loan Association v. Topeka, 362.

Lobby, power of, 270; regulation of, 274-
277.

Lochner v. N. Y., 368.

Locke, influence of, in American colonies, 21;
on liberty, 25; on doctrine of the social
compact, 30; on the division of powers,
48.
Louisiana, constitutional referendum in,
97 n; limitation of legislative powers in,
122; representative system in, 243; civil
service reform in, 340 n; unconstitutional
laws in, 358; constitutional amendments
in, 403.

Lowell, A. L., The Government of England,
224 n; on influence of party upon legisla-
tion, 263; Public Opinion and Popular
Government, 403 N, 413 N, 417 n, 427 n.
Luetscher, G. D., Early Political Machinery
in the United States, 102 n.

Macdonald, J. R., Socialism and Government,
459 n, 460 n.

Machiavelli, theory of government of, 67.
Mack, Norman E., on use of money in
elections, 230.

Madison, on republican form of government,

37, 38; on the division of powers, 49, 50,
56; on checks and balances, 59, 60; on
council of censors, 76; on the party sys-
tem, 99 n.

Magruder, F. A., Recent Administration in
Virginia, 128 n, 147 n.

Maine, negro suffrage in, 81; literacy test in,

85 n; constitutional amendment in, 99;
advisory opinions in, 118 n.

Maine, Sir H. S., Popular Government, 150 n.
Mann, Horace, influence of, on state ad-
ministration, 285; administrative methods
of, 323.

Marbury v. Madison, 389.

Maryland, established church in, 27; doc-
trine of non-resistance in, 33; adoption of
original constitution in, 41 n; property
qualifications for officeholders in, 47;
division of powers in, 48, 54; racial
discrimination in, 81; popular election
of governor in, 90; constitutional amend-
ment in, 98; representative system in, 243;

anti-lobby act of, 276; plan for executive
budget in, 479 n.

Massachusetts, declaration of rights, 24,
42; emancipation of slaves in, 26; reli-
gious qualifications for office in, 27; dis-
continuance of public support of religion in,
28; adoption of original constitution in,
41; original right to vote in, 45; prop-
erty qualifications for office holders in,
47; original division of powers in, 52-53;
constitutional referendum in, 58; inde-
pendence of judiciary in, 61; special
privileges for property in, 66; character
of original government of, 73; extension
of suffrage in, 80; negro suffrage in, 80;
literacy test in, 85; reform of bicameral
system in, 88; annual elections in, 89;
tenure of judges in, 91; constitutional
referendum in, 97; Australian ballot in,
104; system of checks and balances in, 110;
executive veto in, 110, III; effect of
executive veto in, 114; judicial veto in,
114; advisory opinions in, 115-118;
limitation of legislative powers in, 120-
122; length of original constitution of,
124; popular veto in, 129; municipal
home rule in, 130; state-wide referendum
in, 132, 135; annual elections in, 136;
popular voting in, 144; registered voters
in, 146; effect of literacy qualification in,
151, 152; electoral districts in, 159;
majority elections in, 162; legal definition
of political party in, 166; annual election
of party officials in, 170; legal test of
party affiliation in, 176; Australian
ballot in, 206, 208, 212; corrupt prac-
tices act of, 227, 232; representative
system in, 243; volume of legis-
lation in, 249; legislative committee
system in, 253-255; legislative incapacity
in, 271; anti-lobby act of, 275-276;
administrative agencies in, 286; organiza-
tion of militia in, 287; district police in,
289; educational organization in, 291;
public health administration in, 298;
labor law administration in, 300; regula-
tion of public utilities in, 307; tax reform
in, 312-313; departmental organization
in, 323, 324, 325; appropriations in, 332;
state employees in, 338; civil service
reform in, 339; "merit" system in, 342;
judicial tenure in, 351, 380-381; unconsti-
tutional laws in, 358; working of judicial
system in, 380-381; advisory opinions in,
381; organization of constitutional con-
vention in, 396; non-partisan elections
for, 397; working of convention in, 399;
proposed procedure for direct legislation

tions in, 96-97; party organization in,
101-102; regulation of primary elections
in, 104; system of checks and balances in,
110; veto of council of revision in, 110,
III; strengthening of executive veto in,
112; development of judicial veto in, 115;
limitation of legislative powers in, 119,
121, 122; legislative referendum in, 133,
134; popular voting in, 144; registered
voters in, 146; effect of manhood suffrage
in, 151-152; electoral districts in, 159;
legal test of party affiliation in, 176; party
enrollment in, 177; Australian ballot
in, 207, 208, 212; registration of voters
in, 215; political use of saloons in, 218;
cost of campaign publicity in, 219; corrupt
practices act of, 227; legislative appor-
tionment in, 244, 247; volume of legisla-
tive in, 249; constitutional limitations on
legislative procedure in, 251; legislative
committee system in, 260-263; working
of bicameral system in, 265; administra-
tive agencies in, 287; educational organ-
ization in, 291; penal and charitable
administration in, 296; public health
administration in, 299; labor law adminis-
tration in, 301; agricultural administra-
tion in, 302; administration of public
works in, 303; regulation of public utili-
ties in, 307; tax reform in, 312; organiza-
tion of administration in, 318; educational
department in, 322; departmental organi-
zation in, 325; administrative reorganiza-
tion in, 326 n; executive veto in, 327, 329,
330; appropriations in, 333; state em-
ployees in, 338; civil service reform in,
339; tenure of judges in, 351; codification
in, 353; judicial veto in, 357; unconstitu-
tional laws in, 358; recall of judicial de-
cisions in, 376; use of judicial veto in,
377; organization of constitutional con-
vention in, 396; procedure in, 398; work-
ing of convention in, 399; voting on con-
stitutional amendments in, 404; economy
and efficiency commission in, 472.
New York Bureau of Municipal Research,
publications of, on state government, 473 n.
New York plan, for reform of state govern-
ment, 473-476; conclusion on, 479, 480.
Nomination, methods of, development of,
101-103; further reform of, 198-201; con-
clusion on, 477. See Party, political.
Non-partisanship, tendency towards, 198-

201; under commission plan, 451; in
local government, 462.
North Carolina, admission of, to Union, 4n;

established church in, 27; adoption of
original constitution in, 41 n; original

right to vote in, 45 n; property qualifica-
tions for office holders in, 47; original
division of powers in, 54; special privi-
leges for property in, 66; extension of
suffrage in, 80; "Grandfather" clause in,
84; reform of bicameral system in, 88;
popular election of governor in, 90;
no executive veto in, 112; popular voting
in, 144; corporation commission in, 307.
Northern Securities case, 365.
Northwest Territory, exclusion of slavery
from, 26.

Oberholtzer, E. P., The Referendum in Am-
erica, 135 n.

Office, public, property qualifications for, in
original states, 47.

Ohio, racial discrimination in, 81; executive
veto in, 111; effect of manhood suffrage
in, 151-152; electoral districts in, 161 n;
Australian ballot in, 207, 210 n, 212; char-
acter of offices filled by election in, 211 n;
representative system in, 243, 244; labor
law administration in, 301; agricultural
administration in, 303; state highways in,
304; tax inquisitor law in, 311; equaliza-
tion of assessments in, 314; civil service
reform in, 340 n; limitation of judicial
veto in, 377; constitutional convention
in, 397; non-partisan elections for, 397;
working of convention in, 399; voting on
constitutional amendments in, 406; work-
ing of constitutional referendum in, 410;
working of popular referendum in, 426.
Oklahoma, condition of admission to Union
of, 9; "Grandfather" clause in, 84; con-
stitutional conventions in, 95 n; length
of original constitution of, 124; popular
voting in, 144; legislative apportionment
in, 244 n; educational organization in,
292; bank deposit guarantee law in, 306;
working of constitutional referendum in,

410.

Opinions, advisory, by judges, in Massa-
chusetts, 53, 61; effect of, 118; working
of, 381.

Oregon, racial discrimination in, 81; woman
suffrage in, 87 n; constitutional initiative
in, 99; direct primary in, 103; subsidy to
parties in, 104; limitation of legislative
powers in, 122; legislative referendum in,
133; initiative and referendum in, 136,
403, 404; the recall in, 137; popular vot-
ing in, 144; registered voters in, 146;
party enrollment in, 177; operation of
direct primary in, 188; Australian ballot
in, 212; corrupt practices act of, 231;
limitations on use of money in elections in,

236; official campaign bulletin in, 238,
422; social justice in, 379; voting on con-
stitutional amendments in, 405; working
of popular referendum in, 414; emergency
legislation in, 416; working of initiative
in, 431; results of initiative in, 443;
popular government in, 457.
Oregon plan for reform of state government,
465-477.

constitutional laws in, 358; organization
of constitutional convention in, 396;
limited voting in, 456; economy and effi-
ciency commission in, 472.
People v. Marx, 371.

People's Power League, introductory letter
of, 466.

Petitions, popular, and the referendum, 418-

421.

Paine, Thomas, on natural rights, 22;
Rights of Man, 30 n; on republican form
of government, 39; on the division of
powers, 48; on bicameral system, 67.
Pardon, power of, in original states, 52, 54;
power of, use of, 392-393.
Partisanship, in elections, 177, 181, 213-215;
in the election of judges, 199, 351; in legis-
lative bodies, 263–264; in administration,
282, 336, 339; in constitutional conven-
tions, 399; in referendum elections, 411;
justification of, 460-462; conclusion on,
462-463.

Party, political, organization of, 101-103;

legal regulation of, 103-104; growth of
power of, 137-139; legal definitions of,
165-167; organization of, 167-173; affi-
liation, tests of, 173-176; enrolment,
figures of, 177; machine, 184-186; organ-
ization, further reform of, 202-204; sys-
tem, development of, 99-101; system,
criticism of, 208-209.

Pennsylvania, emancipation of slaves in, 26;
religious toleration in, 27; adoption of
original constitution in, 40; original right
to vote in, 44, 45; original division of
powers in, 56; council of censors in, 57;
unicameral legislature in, 66; character
of original government of, 73; reform of
original constitution of, 75; abolition of
council of censors in, 76; popular election
of governor in, 89; popular election of
judges in, 91; constitutional convention
in, 93; party organization in, 102; work-
ing of legislative supremacy in, 106;
executive veto in, 111; strengthening of
executive veto in, 112; limitation of legis-
lative powers in, 119; status of consti-
tutional convention in, 128; popular
voting in, 144; effect of property quali-
fication in, 151-152; volume of legislation

in, 249; state constabulary in, 289;
public health administration in, 299;
labor law administration in, 301; agri-
cultural administration in, 303; tax
reform in, 313; departmental organization
in, 325; executive veto in, 327, 329; un-

Platt, Thomas C., on patronage, 337, 338; on
non-partisanship, 461-462.

Polybius, influence of in American colonies,
21; theory of government of, 67.
Popular elections. See Elections, popular.
Pound, Roscoe, "Organization of Courts,"
347 n, 350 n; "Liberty of Contract,"
368 n.

Powell v. Pa., 371.

Powell, T. R., "Conclusiveness of Admin-
istrative Determinations in the Federal
Government," 383 n.

Powers, distribution of, by federal constitu-

tion, 7-11; division of, doctrine of, 47-
51, 477, in original states, 51-56, 69-70,
73-74, 106, 109-110, under Socialist plan,
457-458, under Oregon and New York
plans, 471-472, 475-476, conclusion on,
478; state, under federal constitution,

12-17.

Preferential voting, 201; under Oregon plan,
465, 467 n; conclusion on, 478.
Primary, legal regulation of, 103-104; direct,
development of, 103, working of, 188–192;
effect of, on party organization, 193-195,
other effects of, 196-198; non-partisan,
198-200; reform of, 201-204; conclusion
on, 478.

Principles of government, in original states,
summary of, 70–72.

Procedure, legislative, methods of, 248–251,

working of, 261-263; judicial, 352–355.
Property, special privileges for, in original
states, 65-68.
Proportional representation, in Illinois, 138;
proposed by Socialists, 455; history of, in
America, 456; arguments for, 458-459;
criticism of, 459-464; under Oregon plan,
465, 467, 475, 477-
Public opinion, power of, 34.
Public opinion law, adoption of, 135; work-
ing of, 444.

Quay, Matthew S., on party finance, 234.
Rappard, W. E., "The Initiative, Referen-

dum, and Recall in Switzerland,” 136 n.
Recall, development of, 136-137, 139; work-
ing of, 343-344; of judges, 375; of

judicial decisions, 375-376; under com-
mission plan, 450; under Socialist plan,
455; under Oregon plan, 465; conclusion
on, 476.

Reeves, History of English Law, 30 n.
Referendum, constitutional, in original states,
58-60, development of, 95-99, use of, 402-
403, 404-407, working of, 408-411, con-
clusion on, 415, 424-428; legislative, de-
velopment of, 132-135; popular, definition
of, 129-130, use of, 403, 404, working of,
412-415, improvement of, 415-424, conclu-
sion on, 424-428, 457, 476, 477.
Registration, requirement of, 87; results of,
on electorate, 146-150; methods of, 215-

217.

Reinsch, P. S., Readings on American State

Government, 250 n, 275 n, 277 n; American
Legislatures and Legislative Methods, 255 n,
330 n.

Religion, public care of, in original states,
27-28.

Representation, proportional. See Propor-
tional representation.

Reprieves, power of, use of, 392-393.
Republic, definition of, 36-39; function of
jury in, 71-72.

Revenues, state, 310-315.
Revolution, right of, 31-33.

Rhode Island, admission of, to Union, 4 n;
religious toleration in, 27; adoption of
original constitution, in, 41; original divi-
sion of powers in, 53, 54; recall of judges
in, 61; character of original government
of, 74; extension of suffrage in, 80; con-
stitutional convention in, 93, 94, 98;
advisory opinions in, 118 n; legislative
referendum in, 133; organization of
Republican party in, 174; legislative
apportionment in, 247 n; executive veto
in, 327; procedure for constitutional
amendment in, 409.
Rights, natural, doctrine of, 22-24;
reservation of, to people, 42-44, 70.
Roosevelt, Theodore, election of, 181;
Autobiography, 278 n; on invisible gov-
ernment, 337; on spoils system, 339; on
patronage, 341; on recall of judicial deci-
sions, 375-376.

civil,

Root, Elihu, on the treaty-making power, 14;
on powers of constitutional convention,
128 n; on invisible government, 186-187;
on legislative procedure, 261.

Rousseau, influence of, in American colonies,

21.

Russell, Governor, on the lobby, 274-276.

Secretary of state, duties of, 316.

Short ballot, need for, 200, 201, 203, 210 n,
211 N, 212-213; under commission plan,
452; under Oregon plan, 466; under
New York plan, 474; conclusion on, 477.
Sidney, influence of, in American colonies, 21.
Slaughter-house cases, 361.

Slavery, attitude toward, in original states,

25.

Smith, Adam, influence of, in America, 348.
Smith, Alfred E., on legislative procedure,

261.

Smith, J. A., The Spirit of American Govern-
ment, 55 n.

Smyth v. Ames, 364.
Socialist Party, organization of, 172-173;
test of party affiliation of, 175; plan for
reform of state government of, 455-464.
Socialist Labor Party, on reform of govern-
ment, 455.

South Carolina, established church in, 27;
adoption of original constitution in, 40 n,
41 n; property qualifications for office
holders in, 47; original division of powers
in, 54; special privileges for property in,
66, 68; reform of bicameral system in, 88;
tenure of judges in, 91; constitutional
referendum in, 97 n; constitutional amend-
ment in, 98, 99; popular voting in, 144;
party organization in, 170; organization
of Democratic party in, 174; operation of
direct primary in, 189; gerrymander in,
246; illiteracy in, 290.

South Dakota, alien suffrage in, 85 n;
advisory opinions in, 118 n; initiative and
referendum in, 136; working of popular
referendum in, 414; emergency legislation
in, 416, 417.

Sovereignty, national, meaning of, 4, 7;
popular, 28-30.

Speakership, power of, 252–253, 259, 260–261.
Spoils system, 282, 284, 336, 339.
Standard Oil case, 365.
State, definition of, 3.
States, new, admission of, 8; as instruments
of national government, 9; obligations of,
to one another, 10; obligations of national
government to, II; powers of, under
federal constitution, 12-17; importance
of, 17-18; original types of government

in, 73.

Steffens, Lincoln, The Shame of the Cities,
272 n.

Straus, Oscar S., Origin of the Republican
Form of Government in the United States,

21 n.

Suffrage, electoral, in original states, 44-46,
73; present qualifications for, 87; effect
of, on character of government, 150-152;