Books of corporations to be open. Monopolies and discrimination. any competitive corporation or corporations engaged in the same kind of business, in or out of the State, except such stock as may be pledged in good faith to secure bona fide indebtedness acquired upon foreclosure, execution sale, or otherwise for the satisfaction of debt. In all cases where any corporation acquires stock in any other corporation, as herein provided, it shall be required to dispose of the same within twelve months from the date of acquisition; and during the period of its ownership of such stock it shall have no right to participate in the control of such corporation, except when permitted by order of the Corporation Commission. No trust company, or bank or banking company shall own, hold, or control, in any manner whatever, the stock of any other trust company, or bank or banking company, except such stock as may be pledged in good faith to secure bona fide indebtedness, acquired upon foreclosure, execution sale, or otherwise for the satisfaction of debt; and such stock shall be disposed of in the time and manner hereinbefore provided. No corporation, foreign or domestic, shall be permitted to do business in this State without first filing in the office of the Corporation Commission a list of its stockholders, officers, and directors, with the residence and postoffice address of, and the amount of stock held by each. And every foreign corporation shall, before being licensed to do business in the State, designate an agent residing in the State; and service of summons or legal notice may be had on such designated agent and such other agents as now are or may hereafter be provided for by law. Suit may be maintained against a foreign corporation in the county where an agent of such corporation may be found, or in the county of the residence of plaintiff, or in the county where the cause of action may arise. Until otherwise provided by law, no person, firm, association, or corporation engaged in the production, manufacture, distribution, or sale of any commodity of general use, shall, for the purpose of creating a monopoly or destroying competition in trade, discriminate between different persons, associations, or corporations, or different sections, communities, or cities of the State, by selling such commodity at a lower rate in one section, community, or city than in another, after making due allowance for the difference, if any, in the grade, quantity, or quality, and in the actual cost of transportation from the point of production or manufacture. on behalf Eight hours shall constitute a day's work in all cases of employ- Provisiona ment by and on behalf of the State or any county or municipality. of labor. The contracting of convict labor is hereby prohibited. The employment of children, under the age of fifteen years, in any occupation, injurious to health or morals or especially hazardous to life or limb, is hereby prohibited. Boys under the age of sixteen years, and women and girls, shall not be employed, underground, in the operation of mines; and, except in cases of emergency, eight hours shall constitute a day's work underground in all mines of the State. The Legislature shall pass laws to protect the health and safety of employees in factories, in mines, and on railroads. The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall, at all times, be left to the jury. The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation. Any provision of a contract, express or implied, made by any person, by which any of the benefits of this Constitution, is sought to be waived, shall be null and void. CHAPTER VI The intimate Political doctrines of ruling classes in Europe. THE EVOLUTION OF POLITICAL ISSUES IN THE UNITED STATES A GOVERNMENT is not an abstract thing a set of rules and regulations. It is at bottom a determinate number of persons set off from the community at large and authorized to discharge certain public duties. Under the modern system of party rule, the general character and policy of the government at any given time depend upon the interests and ideals of the political party which placed the dominant and directing officials in power. "For practical purposes," says Judge Cooley, "the Constitution is that which the government in its several departments and the people in the performance of their duties as citizens recognize and respect as such; and nothing else." Thus it happens that a description of American government which leaves out of account party issues, methods, and organization, fails to reveal both the realities of governmental practice and the opportunities of the citizen to take part in the direction and control of his government. 38. Federalists and Jeffersonians Washington, in common with many of his contemporaries, deplored the introduction of party spirit into American politics, but the new Constitution had hardly gone into effect before the voters and leaders began to differ about practical measures and theoretical doctrines; and over these issues they divided into two groups, Federalists and Jeffersonians. The general views of the two parties are thus characterized by Jefferson: The fact is, that at the formation of our government, many had formed their political opinions on European writings and practices, believing the experience of old countries, and especially of England, abusive as it was, to be a safer guide than mere theory. The doctrines of Europe were, that men in numerous associations cannot be restrained within the limits of order and justice, but by forces physical and moral, wielded over them by authorities independent of their will. Hence their organisation of kings, hereditary nobles, and priests. Still further to constrain the brute force of the people, they deem it necessary to keep them down by hard labor, poverty and ignorance, and to take from them, as from bees, so much of their earnings, as that unremitting labor shall be necessary to obtain a sufficient surplus barely to sustain a scanty and miserable life. And these earnings they apply to maintain their privileged orders in splendor and idleness, to fascinate the eyes of the people, and excite in them an humble adoration and submission, as to an order of superior beings. Although few among us had gone all these lengths of opinion, yet many had advanced, some more, some less, on the way. And in the convention which formed our government, they endeavored to draw the cords of power as tight as they could obtain them, to lessen the dependence of the general functionaries on their constituents, to subject to them those of the States, and to weaken their means of maintaining the steady equilibrium which the majority of the convention had deemed salutary for both branches, general and local. To recover, therefore, in practice the powers which the nation had refused, and to warp to their own wishes those actually given, was the steady object of the Federal party. The policy of the Feder alists. confidence dom and virtue of the people. Ours, on the contrary, was to maintain the will of the majority Jeffersonian of the convention, and of the people themselves. We believed, in the wiswith them, that man was a rational animal, endowed by nature with rights, and with an innate sense of justice; and that he could be restrained from wrong and protected in right, by moderate powers, confided to persons of his own choice and held to their duties by dependence on his own will. We believed that the complicated organization of kings, nobles, and priests was not the wisest nor best to effect the happiness of associated man; that wisdom and virtue were not hereditary; that the trappings of such a machinery consumed by their expense those earnings of industry they were meant to protect, and by the inequalities they produced Conclusion. position. exposed liberty to sufferance. We believed that men, enjoying in ease and security the full fruits of their own industry, enlisted by all their interests on the side of law and order, habituated to think for themselves, and to follow their reason as their guide, would be more easily and safely governed, than with minds nourished in error, and vitiated and debased, as in Europe, by ignorance, indigence and oppression. The cherishment of the people then was our principle, the fear and distrust of them, that of the other party. Composed, as we were, of the landed and laboring interests of the country, we could not be less anxious for a government of law and order than were the inhabitants of the cities, the strongholds of federalism. And whether our efforts to save the principles and form of our constitution have not been salutary, let the present republican freedom, order and prosperity of our country determine. 39. The Whig Party The Whigs After the second election of Jefferson in 1804, the Federalist a composite party as a fighting organization went to pieces, although it conparty of op- tinued for some time to put candidates in the field. With the advent of Andrew Jackson, the victorious party which had then assumed the name "Democratic," raised up a new opposition in the form of the Whig party which succeeded in electing two war heroes, Harrison and Taylor, and then went down before the Republicans because it was unable to meet the impending issue of slavery. Horace Greeley thus enumerates the elements of the Whig party : (1) Most of those who, under the name of National Republicans, had previously been known as supporters of Adams and Clay, and advocates of the American system; (2) Most of those who, acting in defense of what they deemed the assailed or threatened rights of the States, had been stigmatized as Nullifiers, or the less virulent State-Rights men, who were thrown into a position of armed neutrality towards the administration by the doctrines of the proclamation of 1832 against South Carolina; (3) A majority |