States District Court Bench for Arizona, otherwise than in consequence of the advisory recall, a direct primary election may be held for the purpose of recommending a successor by popular vote; that for this primary, nominations may be made by five per cent petitions; that candidates may file statements prior to the primary to the effect that if appointed they (1) will resign whenever so requested by the people under the advisory recall, or (2) will not resign if so requested; such statement to be officially published and to appear upon the ballots under the names of the candidates respectively; and that the voting shall be by a preferential system insuring majority nominations.

A somewhat similar statute was also passed at the same session providing for an advisory recall of United States Senators and Congressmen from that state.

Chap. 56.

My distinguished predecessor, Mr. Farrar, in his address last year, with that classical inspiration which so often illuminates his literary efforts, used this language as to statutory judicial recall:

"Of course from time to time there arise examples of the Homeric Thersites. . . . Without exception, however, their winged words have had but a short flight. The proposed measure would furnish a perpetual audience to men of this kind, and worst of all an audience with power to act."

At least the latter element is wanting in this legislation; and it is, to that extent, less objectionable.

The State of California, by popular vote October 10, 1911, adopted very radical amendments to its constitution. That which I will notice first is Section 1 of Article 2, upon the right of suffrage. This amendment abrogates the qualification of sex theretofore existing and admits women to the full right of suffrage on an equal footing with men.

The states in which the right to vote is now accorded to women, in addition to California, are Washington, Idaho, Wyoming, Colorado and Utah. Each of these states, except Washington, has a population of less than one million. Washington has a population of a little under 1,200,000 and California has a population

of about 2,400,000, is the twelfth state in population and, as appears by these figures has more than twice the population of Washington. Its action in this regard is, therefore, of some significance.

On the 3d of September the people of the State of Ohio vote upon the adoption of an amendment to their constitution, which also extends the suffrage to women; and at the regular fall elections in Wisconsin, Kansas, Oregon and Michigan the electors of these states, respectively, vote on a similar proposition.

It certainly seems as if women were entitled to self-government as well as men. It is the Jeffersonian idea and I believe it to be the true one, that all men are entitled not merely to wise government, not merely to honest government, not only to good government, but to self-government.

It is very difficult to see how, consistently with this principle, which lies at the foundation of American institutions, the political rights accorded to men can be denied to women. I am satisfied that if the ladies make up their minds with any considerable degree of unanimity that they want the ballot, they will get it; and at the present time there are strong indications that they have decided that they are entitled to and should have this vital and important political right.

Other amendments provide for the initiative by which constitutional amendments as well as laws may be proposed, and the referendum for charters to counties and cities thus endeavoring to secure local self-government; for the recall of every elective. public officer in the state, including judges; and also prohibit raising rates for transportation, except by authority of the railroad commission, and that the decision of the commission shall not be subject to review by any court, except upon the question whether it will result in the confiscation of property; and also prohibit discrimination in transportation charges or facilities; and provide for the creation of a railroad commission of five members with extensive powers. These amendments have been supplemented by a considerable volume of legislation some of which is noticed in the appendix.

The recent constitutional convention in Ohio adopted a series

of amendments, some of which are of quite radical character. Among other things proposed are the following:

That a verdict in civil cases by three fourths of the jury may be authorized by law.

That capital punishment shall be abolished.

That depositions for or against the accused may be taken and read in criminal cases, and his failure to testify commented upon. That the amount of damages recoverable for death by wrongful act or negligence shall not be limited by law.

That the people shall have the power to initiate legislation and to compel its reference to them for approval.

That this power shall not be used to impair uniformity in taxation or to authorize the levy of the single tax on land.

That laws may be passed fixing the hours of labor, establishing a minimum wage and providing for the comfort, health, safety and general welfare of all employees.

That laws may be passed creating a state fund by compulsory contribution from employers to be administered by the state for the purpose of providing for death, injury or occupational diseases occasioned in the course of employment and taking away rights of action or defense from employees and employers.

That except in cases of emergency a day's work shall be limited to eight hours for workmen on public work, carried on or aided by the state.

That laws be passed for prompt removal from office of all officers, including judges, upon complaint and hearing, for misconduct involving moral turpitude or other cause provided by law.

That laws may be passed for the regulation of the use of expert witnesses in criminal trials and proceedings. This was probably suggested by a recent decision in Michigan declaring such act of the legislature of that state unconstitutional. People vs. Dickerson, 164 Mich. 150.

That a system for registering, transferring and insuring land titles may be established.

That no law be held unconstitutional by the Supreme Court without the concurrence of at least all but one of the judges, except where the judgment of a Court of Appeals is affirmed.

That Courts of Appeals similar to those in the federal system be established, which, however, can only reverse the judgment of a court of first instance on the facts where such Court of Appeals is unanimous.

That laws may be passed among other things regulating proceedings in contempt and limiting the power to punish therefor. In the same amendment it is provided that no injunction shall issue in any controversy involving the employment of labor except to preserve physical property from injury or destruction; and all persons charged in contempt proceedings with the violation of such an injunction, shall, upon demand, be granted a trial by jury as in criminal cases.

That every citizen of the United States of the age of twenty-one with the prescribed residence, shall have the qualifications of an elector with an alternative proposition limiting the right to vote to male citizens.

That all nominations for elective city, county and municipal officers shall be made at direct primary elections, or by petition as provided by law; and that provision by law shall be made for preferential vote as to United States Senators and that delegates to national conventions shall be chosen by direct vote, each candidate stating his first and second choice for the presidency, which preference shall be printed upon the primary ballot.

That bonds may be issued not exceeding ten million dollars per year and not in excess of fifty millions of dollars in all for the purpose of constructing and repairing a system of intercounty wagon roads.

That uniformity in taxation shall be preserved, but that there may be a graduated succession tax and a graduated income tax, fifty per cent of which must be returned to the city, village or township in which it originated.

That appointments and promotions in the civil service shall be according to merit and upon competitive examination.

That laws may be passed regulating the use of property near public ways and grounds for bill boards and posters.

That in 1932 and each twentieth year thereafter the question whether there shall be a convention to revise, alter or amend the constitution, shall be submitted to popular vote.

That municipalities may own and operate public utilities and may sell the surplus product of utilities thus owned or operated, with certain exceptions.

The amendments thus submitted, if adopted, take effect on the first of January, 1913, with a few exceptions as specified in the excepted amendments. They are to be voted on September 3.

There have been many statutes passed by the legislatures of the several states since the last meeting of the Association of considerable general interest and which might well serve as a basis for some extended comment, but the limitations of the occasion forbid this and I shall therefore refer only to a few of them.

The State of Massachusetts, considered by many one of the best governed states in the American union, on the 4th of June last passed an act to establish a minimum wage commission and to provide for the determination of wages for women and minors, which takes effect July 1, 1913.

The machinery contemplated by this act is quite elaborate and I will not attempt to state it further than to say that the only penalty for disregarding the minimum wage, ascertained in the manner provided for by the statute, seems to be publishing the names of employers who are thus derelict.

The legislature of Kentucky by act approved March 19, 1912, passed a statute prohibiting what is commonly known as sweating persons in custody charged with crime, by questioning them concerning their connection therewith or knowledge thereof while so in custody, by plying them with questions or threats or other wrongful means and extorting information to be used against them. This subject was discussed at our last meeting.

The legislature of Louisiana by Act No. 133, approved July 9, 1912, proposed an amendment to the constitution of that state. providing for the recall of all officers of the state, except judicial officers.

By Act No. 157, the legislature of the state also adopted quite a complete though brief code of pleading in civil cases, which seems to have most of the essentials of a code of civil procedure, so far as pleading in an action at law is concerned. This act takes effect January 1, 1913.