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that the federal courts are usually more liberal than those of the states in upholding laws passed under the police power and proposals have been made (1) that when a state law has been declared invalid by a state court under a clause of the federal constitution, appeal should be allowed to the federal court, just as when a law involving a federal question has been upheld, and (2) that all clauses in the state constitutions which guarantee the same rights to individuals that are guaranteed by the federal constitution should be repealed, so that these rights may be left to the uniform interpretation of a single judiciary.*

"The Fourteenth Amendment as interpreted by the Supreme Court," says Professor Seager,5

preserves those rights as surely as does the bill of rights in any state constitution. Why retain both these bulwarks of liberty and property, when one would suffice? To do so has the obvious disadvantage of encouraging diversity of state legislation as regards those very matters where uniformity is most desirable. The interests of business men demand uniform compensation laws, uniform labor laws and uniform standards as regards all the relations of employers and employes from one end of the country to the other. Only through such uniformity can the employers of one state be protected from being placed at a competitive disadvantage in comparison with the employers of other states. And so far as constitutional limitations influence the course of legislation, the only method of securing uniformity is to leave it to one tribunal, the Supreme Court of the United States, to decide when liberty has been unreasonably restricted or property has been taken without due process.

In place of the useless duplication of clauses protecting rights, he would like to see inserted in state constitutions

a broad provision that the legislature shall have power to enact laws regulating the relations between employers and employes and promoting the health, safety, morals and general welfare of employes that are not in violation of the federal constitution.

The Efficient

Natural

The problems of conservation and social welfare heretofore 255. discussed affect human beings directly and personally. A few Use of paragraphs must now be devoted to those which are of interest Resources. because they involve the natural resources upon which life and

See article by Mr. T. I. Parkinson, V Proceedings of Academy of Political Science, 360 (370).

Bib., 381-382.

ib., 382.

256. Forests.

welfare in large measure depend. An adequate discussion would include, of course, not only those uppermost in the public mind at present, forests, mines and water power, but also streams useful for navigation and irrigation and for municipal water supply, fish and game, the fertility of the soil and other subjects. The present treatment must, however, be limited, for the most part by the constitutional provisions concerning the three first mentioned.

Forest regulation finds mention in thirteen states, and varies from the bare assertion, in Pennsylvania, that the secretary of internal affairs shall "discharge such duties relating to the... timber . . interests of the state as may be prescribed by law," to the power granted the legislature of Wisconsin to appropriate money to acquire, preserve and develop the forests of the state to the extent of two-tenths of a mill on each dollar of the state's taxable property. New Mexico extends its police power to such control of private forests as is necessary for the prevention and suppression of fires. Ohio authorizes laws for the encouragement of forestry and the creation of forest preserves from lands forfeited to the state and from other lands that may by law be acquired for the purpose. Minnesota authorizes the legislature to set aside public lands better adapted to forestry than agriculture and to provide for their management on forestry principles.

In New York the forest preserves of the state must be kept as wild lands and not be leased, sold or destroyed. Colorado, Montana and Utah command their legislatures to provide laws for the preservation of the public forests and Michigan excepts from its prohibition of state concernment in internal improvements the reforestation of its own lands. The remaining provisions relate to the sale of public forest land or the timber from it. Arizona's is to the effect that such timber may be sold only at public auction in the county seat, after advertisement in a newspaper at the state capital and the one nearest the timber, to the "highest and best bidder" for not less than the appraised true value. Credit may be allowed on ample security but title cannot pass until payment is made.

Ariz., X. 3, 4: Colo., XVIII, 6; Ida.. IX. 8: Mich., X, 14: Minn., VIII, 7; Mont., XVII, 2, XIX, 3; N. M., XV, 2: N. Y.. VII, 7; O., II, 36; Pa., IV, 19; Utah, XVIII, 1; Wash., XVI, 3; Wis., VIII, 10.

A few states have adopted taxation policies calculated to encourage the conservation of both mines and forests.. Ohio," however, is the only state whose constitution contains a clause having clearly in view the conservation of mineral resources. It authorizes the passage of laws to provide for the regulation of the methods used in mining, weighing, measuring and marketing coal, gas, oil and all other minerals. Arkansas authorizes and Wyoming establishes the office of state geologist and Oklahoma commands the legislature to provide for the establishment of a state geological and economic survey. The creation of a Mining, Manufacturing and Agricultural Bureau is authorized in Arkansas and an inspector of mines in several states. Arkansas and Pennsylvania" provide for the fostering of mining interests. Five states forbid the regulation of mines by private or local law.

7

257. Mines.

Water

Water power is given attention by four constitutions. Wis- 258. consin has a provision, similar to that concerning forests, where- Power. by authorization is made for the appropriation of money to acquire, preserve and develop the water power of the state. Ohio expressly permits laws for its development and regulation. Illinois provides that power developed from its Deep Waterway may be leased in part or in whole according to provision by law and that the rental shall be subject to decennial revaluation. Finally, Arizona forbids the disposition by the state of certain lands reserved for water power or power for hydro-electric use or transmission.

These scattered and general provisions in the state constitutions together with statutes passed without express constitutional authorization show that already the states are beginning to supplement the work of the nation in securing the more careful use of natural resources. The studies of scientists have

supra, p. 260.

"II, 36.

1X, 2; IX, 6.

2V, 38.

3X, 1.

Ariz., XIX; Col., XVI, 1; N. M., XVII, 1; Okla., VI, 1; Wyo., IX, 1.
X, 1; IV, 19.

"Ky., Mo., Pa., Tex., Va.

Ariz., X, 6; Ill., XIV (Canal Section); O., II, 36; Wis., VIII. 10.

259. Natural Resources

the Heritage

of All.

260. Awakening Social Consciousness.

shown numerous methods of conservation. Waste at the mines may be checked and the destruction of inferior but useful minerals prevented. Improved boilers may convert into energy large portions of the coal that formerly escaped as smoke; gases from coke ovens may be saved and used for fuel. Iron may be saved by the increase of water transportation and by the use of concrete. Streams with sufficient fall may be used to generate electricity instead of being allowed to flow uselessly to the sea. Thus the inexhaustible water power of the country may be conserved in the only possible way, that is its use, and at the same time may lessen the demand upon the very exhaustible coal fields. Scientific forestry requires careful cutting of only such trees as are at their prime for timber, followed by the planting of new trees. Forests are thus made permanent.

Finally, it should not be forgotten that, as Governor Hughes once said,s

the conservation of our resources means not simply their physical preservation but the safeguarding of the common interest in bounties of nature and their protection both from the ruthless hand of the destroyer and from the grasps of selfish interest.

Unless the natural resources are recognized as the heritage of all the people and so made available to them at prices covering only the reasonable costs of extraction, the principal object of their efficient use will have been defeated. It is here that the chief problem for constitution and statute makers is found.

From the point of view of political science, the great movement for the enactment of laws that promise to make more wholesome industrial and social conditions and preserve for society the bounties of nature is chiefly interesting because it indicates the increasing social consciousness of the people. It indicates a breaking away from the eighteenth century idea that the function of popular government is merely to prevent the individuals who make up the community from injuring one another. It betokens acceptance of the idea that government should be the many-handed servant of society as a whole. American constitutions have been framed under the influence of the individualistic philosophy of men like Jefferson. Apparently

Proceedings of Conference of Governors, 1908, p. 326.

future constitutions will be influenced more and more by the development of social ideals and social rights will be not less carefully safeguarded than those of individuals. Americans will doubtless more and more expect that democracy shall have a positive as well as a negative significance and will demand an increasing number of services from their governments. The masses of the people are coming to recognize that government need no longer be a thing apart from them and antagonistic to their interests but that it is an instrument that belongs to them, that can be used for their uses and controlled by their purposes; in short, that government is merely, as President Wilson says, the organ through which the will of society becomes operative:" The end of government is the facilitation of the objects of society. The rule of governmental action is necessary coöperation. The method of political development is conservative adaptation, shaping old habits into new ones, modifying old means to accomplish new ends.1

TENNESSEE NOTE.-The only provision in the Tennessee constitution bearing upon the conservation of natural resources is the one which authorizes the legislature "to enact laws for the protection and preservation of game and fish." There are no provisions looking toward the solution of the questions of social welfare discussed in the present chapter, but the clause subordinating the military to the civil authority is one that is regarded of the utmost importance by organized labor, which wishes its members protected from military trials in case of offences that may be committed during strikes and labor disputes.

3

The State Geological Survey" publishes a quarterly, The Resources of Tennessee, devoted not only to description and development but also to conservation. In it and the frequent bulletins issued by the survey are to be found information concerning every phase of the natural resources of the state."

The statute books contain a number of laws regulating factories." The hours of labor for women and children under sixteen in workshops and factories-which term includes department stores, telegraph and

"The State, (1906 Ed.), p. 576.

1ib., 639.

2XI, 13.

Concerning social welfare in the broadest sense, see I, 32; XI, 11, 12, 14, 15. 41, 24

Acts of 1909, ch. 569.

"Publications sent on request accompanied by postage.

Concerning probably

the most interesting present-day question, water power development, see especially Bulletin 17, article by Prof. J. A. Switzer.

Compiled and published by Department of Workshop and Factory Inspection. The annual reports of the department contain many interesting suggestions.

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