our criticism of them, for they were trying to do their duty. But because the law was so slow in changing on this subject the great Civil War was fought between those who wished to change it and those who did not. The two sides were unable to agree peaceably to a change of the law. There were other causes of the war, but this was the main one. A large part of what we call politics is a struggle between those who wish the law changed and those who do not.

221. The Law of Property. There are few matters of law more important than that about property. It decides what belongs to us and what does not. Most men and women are willing to fight very fiercely about their property. Some fight with weapons and others through politics; but the struggle in either case is a hard one. We hear much about the law which makes employers responsible for injuries to those who work for them. In many States there is now a rule that a man who is hurt in a factory must be supported while he is unable to work; and that the money for his support must be provided by those who own the factory. This means that part of the property of the factory owner must be taken and given to the workman. Of course the factory owner does not like this. He holds on to his property and is opposed to any law which takes it away from him.

222. The Law of Liberty. We have seen that the law has developed in such a way that there is no more slavery. Any one may work when and where he can find a position. And any one may make a contract to work for any employer who will hire him. But we now think this right should be checked a little. We think that it injures the community for children to work in factories. Some parents

are willing that their children work and support them even if it injures the child. We are sorry for parents who are poor, but we cannot let children grow up into weak and incapable citizens. Therefore the law of liberty is being changed so that children will not be allowed to work when they are too young even if they wish to. They must go to school and have a chance to exercise out of doors. But those who wish to employ children at small wages oppose this law and try to keep it from being enforced.

223. Legislatures Fit the Law to Public Needs. Because it is difficult for the judges to keep the law abreast of public opinion, we have legislatures or law-making bodies. It might be better to call them law-changing bodies. A legislature is a body of citizens whom we elect to look into the State law and change it when necessary. The legislature meets at the capital of the State every year or every other year, talks over the condition of the State, and if it finds that it is advisable to make changes in the rules we live under it changes them or makes new ones. It is like a parliament or a congress. We may call it by any name we wish; but it is in fact a body of men who, under strict parliamentary rules, discuss what changes should be made in the laws. Because our constitutions are not always wisely written and because voters are often careless, our State legislatures are not always composed of the wisest men in the community. We elect members for so short a term that able men are often not willing to interrupt their work to serve as legislators. Citizens do not always take the trouble to elect the best men, and they frequently fail to keep able men in the legislature after they are once elected. It is easy to see that those who

change the law under which we must live should be the very wisest and most experienced men we can find.

224. Dividing the Legislature in Two. All of the American State constitutions divide the legislature into two houses. One is generally called the senate and the other the assembly. The senate is called the upper house. The word senate is derived from a Latin word meaning an old or experienced man, and the word assembly is easy to understand. The members of the senate are generally elected for a longer term than those of the assembly; for example, the assembly for one year and the senate for two. Besides this, there are fewer senators and therefore they are elected from larger districts. In New York there are three times as many members of the assembly as of the senate. Those who write constitutions divide the legislature into two houses because they think the law will be more carefully made if it has to be debated and passed twice. Every new law has to be passed by both houses in exactly the same form. Those who think there should be only one house say that this plan of two houses delays the making of good laws. This is a matter to be considered carefully in writing a constitution.

225. Proportional Representation. The members of the legislature act for those who elect them,-that is to say, they represent the citizens. Most constitutions divide the State into districts and direct that one member shall be elected to the legislature from each of these districts. In this way it would be possible for one party to elect all the members. If the stronger party has a majority of one in each district the weaker cannot elect any members, and so those who belong to the latter party have no representation. Some people therefore believe an arrangement should be

made to have members elected in proportion to the size of each party. They think that if one third of the people of the State belong to a party, then one third of the members of the legislature should also belong to that party. Their plan is to have large districts and to elect several members from each. Then instead of each citizen voting for one member, they would let each cast as many votes as there are members to be elected from the district. If there are five members, a voter may vote for five members or five times for one member. In this way a minority party may elect at least one member from a list of five by all casting all their votes for the one candidate.

226. The Governor's Veto. We have seen that those who do not wish the law changed too easily have arranged for the legislature to be divided into two houses. They have also written into most of the State constitutions the rule that the governor may veto any change. This means that he must sign every law passed by the legislature before it can be enforced. But if he refuses to sign it and if the legislature can then pass it again with a two-thirds vote in both houses, it will then be enforced whether the governor signs it or not. There are some exceptions to this rule. One is that if the governor does not send the bill back to the legislature within a certain number of days with his reasons for not signing it, it then becomes a law even without the two-thirds vote. The idea is that not only both houses, but also the governor, must approve the new law. This arrangement guards against mistakes, but it also makes it difficult to make useful changes in the law.

227. The Courts and the Constitutions. In America the courts also have much power over the making of new laws. In our constitutions we forbid the legislature to

make certain kinds of law. For example, we forbid them to make any which prevent a man from having whatever religion he wishes. Now if the legislature makes a law which some one thinks is in violation of the constitution, a citizen may refuse to obey it. If the officers of the State try to enforce it, he may ask a court to decide whether the law shall be enforced or not. The judges then have the right to say whether the law violates the constitution or not. If it does, it is not a law in spite of what the legislature and the governor may think. This gives the judges great power and is another reason why we must be extremely careful what kind of judges we choose.

228. The Governor's Message. The governor has a right to send a message to the legislature asking it to make laws on any subject that he thinks is important. Of course the legislature is not obliged to do what the governor asks. But in England the head of the government has time set aside when the Parliament must debate the things he recommends. Some think the governor of the whole State knows better what is good for the whole people than do the members who come from little districts. Besides this, the governor controls many departments, and so he knows what the work of the State needs, and therefore is a good person to advise the legislature what is wise for it to do.

SUGGESTIONS AND QUESTIONS

1. Has the legislature of your State two chambers or one? Why? For how long are the members elected? How frequently does the legislature meet? How many members has each chamber?

2. Try to draw a map of your State senatorial district. Then draw on the same map the district from which you elect a member for the lower chamber of your legislature.