of three-fourths of all members elected to the city council. Oklahoma and Arizona permit their cities to engage in the business of supplying public utilities, limit franchises to a term of twenty-five years, and provide that they shall not be granted, extended, or renewed without the approval of the qualified electors. Michigan permits its cities and villages to acquire, own, and operate their public utilities, but cities and villages are forbidden to grant any franchise not revocable at will or to acquire any public utility unless such action is first approved by an affirmative vote of three-fifths of the electors of such city or village; franchises may not be granted for a longer term than twenty years. Ohio (1912) confers similar powers upon cities. Colorado by an amendment of 1902 forbids a city to grant franchises except by a vote of its taxpaying electors.

Michigan in 1908 adopted a provision that: "When a city or village is authorized to acquire or operate any public utility, it may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Provided, that such mortgage bonds issued beyond the general limit of bonded indebtedness prescribed by law shall not impose any liability upon such city or village, but shall be secured only upon the property and revenues of such public utility, including a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure." The same plan has been adopted in Ohio (1912), and New York constitutional amendments accomplish much the same purpose.

A number of other states authorize loans, beyond the ordinary debt limit for public improvements and for waterworks and other utilities. Among these may be mentioned Virginia (1902), South Dakota (1902) and Texas (1904).

With respect to county government, little has yet been accomplished, aside from the county home rule provisions referred to above. A proposed constitutional amendment to be submitted in New York in 1919 seeks to give to the legislature a wider power with respect to the organization of both city and county government. Ohio in 1913 rejected a proposed constitutional amendment reducing the number of elective county offices.

To some extent there has been a slight reduction in the number of county and local officers by legislation or otherwise. The legislation in Illinois abolishing the office of township collector and providing for but one road officer in each township or district indicates a tendency in this direction within this state, but as yet substantially little has been accomplished throughout the country toward the simplification of the very complex organization of local government or toward the reduction of numerous overlapping and conflicting local areas.

During the period under review there has been a rather distinct tendency toward the relaxing of debt limits for cities and counties. and this tendency has been particularly apparent with respect to undertakings of a revenue producing character.

Miscellaneous Matters. With respect to labor a large number of constitutional changes have been introduced into constitutions since 1900. Perhaps the most important of these changes are those which relate to (1) hours of employment on public work, (2) workmen's compensation, and (3) the minimum wage. To some extent constitutional provisions in this field have been forced by judicial decisions adverse to state legislation, but the bulk of labor provisions in state constitutions are primarily statutory in character and relate to matters which might have been completely left to legislative action. The bulk of these provisions may perhaps be said to be directory in character; that is, provisions which merely say that the legislature shall have power to do certain things or shall do certain things.

A new field of possible constitutional provisions with respect to labor is that concerning health insurance. The people of California in 1918 rejected a constitutional provision expressly authorizing health insurance.

There have been a number of constitutional changes in recent years extending the uses of the power of eminent domain, either expressly authorizing excess condemnation, or with respect to specific uses of eminent domain, such as lumber roads and the conservation of natural resources.

Somewhat analogous to these constitutional provisions are amendments rejected in Ohio (1912) and adopted in Massachusetts (1918) expressly conferring power upon the legislatures to regulate advertising upon public roads, highways, etc.

The new constitutions of Alabama, Virginia, Oklahoma, Michigan, Arizona and New Mexico require that corporations be organized under general laws. Each of these six constitutions contains rather full provisions regarding corporations, more especially with reference to public service corporations. Oklahoma has gone further than any other state in the regulation of corporations by constitutional enactment, and has embodied in its constitution an elaborte code of corporation law relating more particularly to public service corporations. Alabama authorizes its legislature to fix railroad rates. Michigan, whose former constitution granted the legislature power to fix railroad rates, in 1908 extended this power to express rates also, and permits the creation of a commission to regulate railway and express

Virginia transferred control over private corporations and over rates of public service corporations to a state corporation commission. Oklahoma, Arizona and New Mexico have also, by their constitutions, established corporation commissions. Nebraska in 1906, by a constitutional amendment, created a railroad commission with. power to regulate the rates and services of common carriers. Ohio in 1912 adopted a constitutional amendment expressly authorizing the regulation of corporations. California in 1911 created a railroad commission by constitutional amendment, and Nebraska in 1906 established a railway commission in the same manner.

The period since 1900 has been peculiarly prolific of constitutional and statutory provisions with respect to the sale of liquor. A whole series of states have adopted constitutional prohibition, but a review

of state activity in this field is unnecessary now in view of the federal amendment covering this subject.

Civil service is another matter as to which some constitutional development has taken place since 1900, although this development has limited itself to the states of California (1911), Ohio (1912), and Colorado (1918).

Summary. The statement here merely attempts to sum up the chief lines of constitutional development since 1900. With a number of new constitutions and with some 1500 proposed amendments of which more than 900 were adopted, it is impossible to do more in this statement than to indicate the main lines of development. As has already been said, the greater number of constitutional changes have related to matters of detail, which could not be brought within any statement of general or broad developments. It seems desirable here to repeat the statement that a large proportion of the changes which have taken place by constitutional amendment or revision are relatively less important than changes made in the same states by statute. The use of the compulsory referendum for the enlargement of the bounds of constitutional development has gone so far that if one were speaking of all of the constitutional proposals since 1900, it is necessary to say that the bulk of them were relatively unimportant and were matters which if they had been possible without a popular vote would never have been submitted to the people under any plan by which popular petition could have required such submission.

A matter of general interest at a particular time is likely to be dealt with by constitutional provisions, irrespective of whether there is any specific need of placing it in the constitution. Many new matters dealt with in constitutions are handled by giving directions to the legislatures. That is, the legislatures are directed or authorized to take. certain action. Provisions of this character are ordinarily inserted at the instance of advocates of action as to the particular matter, but under them there is no legal method of forcing legislative action. If the provisions relate to matters already within the legislative power, their only effect is to compel the legislature, if it acts, to act within the limits of such provisions. For example, a command to the legislature to enact a particular type of workmen's compensation law will not compel the legislature to enact such legislation, but legally will have the negative effect of preventing the enactment of any other type of workmen's compensation law.

Attention should again be called to the fact that detailed constitutional provisions introduced either by amendment or otherwise. necessarily lead to further and frequent changes. The California constitutional provisions for municipal home rule are a striking example of this statement. Michigan in 1914 adopted a constitutional amendment with respect to absent voting, enumerating the classes of voters. to be affected, and found it necessary in 1918 to amend the constitution again in order to include a new class of voters. Detailed constitu

tional provisions tend by amendment to become more detailed as new contingencies arise, if the constitution is easily amendable; if not they prevent progress. A broad constitutional provision does not require frequent change.

Another matter to which attention may be called is the tendency of the people to disapprove proposals for increases of salaries. No matter how low a salary may be and no matter how clear may be the need for increase, this statement applies equally as if the proposals were ones for extravagant or unreasonable increases. Voters are particularly apt to reject proposals for the increase of salaries of members of legislative bodies.

Another tendency which may be noted (and which applies to increase of salary as well as to other matters) is that the voters are apt finally to approve a proposed amendment if it is submitted a sufficient number of times. Persistence in submitting a proposal at each biennial election is apt finally to be rewarded by success.

APPENDIX.

ACT CALLING CONSTITUTIONAL CONVENTION.

AN ACT to assemble a convention to revise, alter or amend the Constitution of the State of Illinois.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly: That at the hour of 12 o'clock noon, on the sixth day of January, 1920, a convention to revise, alter or amend the Constitution of the State of Illinois shall meet in the hall of the Representatives of the General Assembly in the capitol building, in the City of Springfield. The Secretary of State shall take such steps as may be necessary to prepare the hall of the Representatives for the meeting of the convention.

§ 2. The convention shall consist of one hundred and two delegates. Two delegates shall be elected in and from each district entitled by law to elect a senator to the General Assembly. Delegates shali possess the same qualifications as State senators. The Governor, or the person exercising the powers of Governor, shall issue writs of election to fill vacancies in the convention.

§ 3. A primary election for the nomination of candidates for the position of delegate shall be held on the tenth day of September, 1919. All provisions of law in force at such time, and applying to the nomination of candidates for the office of State senator, shall to the extent that they are not in conflict with the terms of this Act, apply to the primary election herein provided for.

Vacancies created by the death of, or the declination of the nomination by any person nominated as a candidate for the position of a delegate, shall be filled in the manner provided by law for the filling of similar vacancies occasioned by the death of, or declination of the nomination by any person nominated as a candidate for the office of State senator.

Independent nominations for the position of delegate may be made in the manner now provided by law for the nomination of independent candidates by petition.

§ 4. The delegates shall be chosen at an election to be held on the fourth day of November, 1919. Such election shall be conducted in conformity with the laws then in force relating to elections for State senators, to the extent that such laws are applicable.

All votes cast in the election for delegates shall be tabulated, returned and canvassed in the manner then provided by law for the tabulation, return and canvass of votes cast in elections for State senators.