Cases in which gov ernment interference was sustained by the court. The meaning of "liberty" in the Fourteenth Amendment. The other day we sustained the Massachusetts vaccination law. Jacobson v. Massachusetts, 197 U. S. 11. United States and state statutes and decisions cutting down the liberty to contract by way of combination are familiar to this court. Northern Securities Co. v. United States, 193 U. S. 197. Two years ago we upheld the prohibition of sales of stocks on margins or for future delivery in the constitution of California. Otis v. Parker, 187 U. S. 606. The decision sustaining an eight hour law for miners is still recent. Holden v. Hardy, 169 U. S. 366. Some of these laws embody convictions or prejudices which judges are likely to share. Some may not. But a constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States. The General propositions do not decide concrete cases. decision will depend on judgment or intuition more subtle than any articulate major premise. But I think that the proposition just stated, if it is accepted, will carry us far toward the end. Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon the statute before us. A reasonable man might think it a proper measure on the score of health. Men whom I certainly could not pronounce unreasonable would uphold it as a first instalment of a general regulation of the hours of work. Whether in the latter aspect it would be open to the charge of inequality I think it unnecessary to discuss. INDEX NOTE.A guide to all of the important topics is furnished by the Table of Contents. 169 ff. Accounting, municipal, 514 ff., 535 ff.; | Chairman, of the national committee, Ambassadors, expenses of, 295 ff. 394. Charter, municipal, 510 ff. Commerce, under Articles of Confedera- Commission, Civil Service, 208 ff.; state Appropriations, obtaining estimates for, Committee of Correspondence, 16 ff. 338 ff.; in states, 459 f. Arbitration, international, 110; treaty, Committees, conference, 272; legisla- Army, of the United States, 309 f.; Congress, Continental, 18 ff.; under American theory of, 320 ff. Articles of Confederation, 25 ff.; criti- Assembly district leader, 579 f. Bank, federal, constitutionality of, 63 ff. Articles of Confederation, 26 ff.; the Constitution, the federal, convention 240 ff. Continental Congress, 18 ff. Campaign, the national, conduct of, Contracts, obligation of, 391. 171 ff.; contributions, 572 ff. "liberal," Convention, call for Maryland, 36; difficulties confronting the constitu- | Governor, the royal, 2 ff.; in a corporate tional, 44 ff. colony, 7; in early state constitu- 432 ff. Governors' Conference, 361 ff. Convention, party, 119 ff.; Benton's Cuba, resolution for intervention in Habeas corpus, 87, 134. Hamilton, plea for strong government, Health department, municipal, 543 ff. House of Representatives, 214 ff., 253 Immigration, 100. Implied powers, doctrine of, 63 ff. Inheritance tax, federal, 323 ff., 331; Initiative and referendum, in Oklahoma, Instruction, of Representatives in Con- Irrigation, 363, 371 ff. Jeffersonians, 92 ff. Judiciary, federal, 273 ff., 614 ff.; Jury trial, 87, 377, 490, 495 ff. Labor, legislation, 91, 617 ff.; in city Legislation, 427 ff.; special, 458; refer- ure in, 466; reform in, 467 ff.; and Liberty, religious, 10; under the Four- Machines, political, 82 f., 127 ff. See Madison, on Articles of Confederation, 38 ff.; his views on the federal Con- | Prohibitions, on the federal government, stitution, 49 ff. Martial law, 449 ff. Mayor, power of, 519, 524. Mineral lands, reservation of, 368 ff. Monopolies, prohibition of, 89, 358 ff., Municipal government, 509 ff.; owner- 134 ff.; on state government, 391 ff. Railroads, 108 ff., 352 ff., 609 ff. Recall, the system of, 531 f. National committee, chairman of, 169 ff. Registration, of voters, 401. Removal, President's power of, 198 ff. Negroes, excluded from the suffrage, Rendition, interstate, 148 f., 392. Repeating, in elections, 584 f. Office-holders, political activity of, Resources, national, 361 ff. 578 f. Revenue bill, preparation of, 263, 333 Pardoning power, of the royal governor, Rotation in office, doctrine of, 81 ff. 5; exercise of, 448. Parks, municipal, 545 ff. Police power, 394 ff. Politics. See Party. Popular election, of United States Senators, 61 ff. Speaker, duties of, 256; political sig- Porto Rico, 111; government of, Special legislation, nature of, 84 ff. President, 69 ff.; provisions of federal Privileges and immunities, in the Articles Spoils system, 206 ff., 211. States, sovereignty of, 25; prohibitions Supreme Court, the federal, 140 ff.; |