consin and Alaska; six months, Idaho, Nebraska, Nevada, Texas, Wyoming; one year by act of Congress for all Territories, by act of May 25, 1896; North Dakota, one year (by act of March 6, 1899); California and South Dakota, also one year.

ALABAMA.-The courts of Alabama have decided that the Legislature cannot grant divorces. OKLAHOMA.-Divorces granted prior to 1895 by Probate Courts are made legal; thereafter divorces can be had only through District Court.

THE BANKRUPTCY LAW.

As all

The Bankruptcy Law passed by both houses of the LVth Congress and approved July 1, 1898, provides a complete system for the administration of the affairs of bankrupts and the distribution of their property among their creditors, uniform throughout the United States and administered by the United States courts, in place of the different systems formerly in existence in the various States administered by State courts. In bankruptcy proceedings a bankrupt debtor may turn over all his property to the court to be administered for the benefit of his creditors, and then get a complete discharge from his debts. A bankrupt may of his own motion offer to surrender his property to the administration of the United States court and ask for his discharge in voluntary bankruptcy, or creditors may apply to the court to compel a bankrupt to turn over his property to be administered under the act for the benefit of the creditors in voluntary bankruptcy. The bankrupt who has turned over all his property and conformed to the provisions of the act is entitled to a judgment of court discharging him from any future liability to his creditors. Extended powers are given by the law for the taking possession and the administration of the assets, among others, to allow and disallow all claims against bankrupt estates, appoint receivers and take the necessary measures for the preservation and charge of the property of a bankrupt; to arraign, try and punish bankrupts, officers and other persons and the agents, officers, members of the board of directors or trustees or other similar bodies of corporations for violation of the act; to authorize the business of the bankrupt to be conducted for limited periods; to cause the assets to be collected and reduced to money and distributed, and substantially determine all controversies in relation thereto; to enforce obedience to lawful orders by fine or imprisonment, and to extradite bankrupts from one district to another. The proceeding once inaugurated by the filing of a petition by the bankrupt and the adjudication in bankruptcy having been made, the Court proceeds to take charge of the bankrupt's property, and administer the same for the benefit of the creditors, and determine all questions which may arise in regard to the rights of the bankrupt or the creditors, either as against the bankrupt or as between themselves in accordance with the above prescribed powers. A trustee is appointed, either selected by the creditors at a meeting called for that purpose or, in case they fail to select a trustee, one is appointed by the Court. His duty is to collect the property, realize on the same in such manner as may be for the best interests of all concerned, and ultimately distribute the same among the creditors in such proportions as they may be adjudicated to be entitled thereto. questions, both of law and fact, in relation to the property or the rights of the various parties must be decided in the bankruptcy proceeding, it is provided that referees be appointed, who are charged with the duty of hearing the allegations and testimony of all parties and deciding all such questions that may arise. Each case, as it comes up, is assigned to some referee, whose duty it is to adjudicate and pass upon all such questions arising therein in the first instance, the right being reserved to any parties to appeal from the decision of the referee to the United States District Court. The duties of the referee are substantially of a judicial character, and he occupies much the position of a judge of primary resort, subject to an appeal to the Court, and is required to take the same oath of office as that prescribed for judges of the United States courts. By Section 38 of the act, the referee is invested with jurisdiction to consider all petitions referred to him by the clerks, make adjudications or dismiss the petition; exercise the powers vested in courts of bankruptcy for the administering of oaths to and the examination of witnesses, and for requiring the production of documents in proceedings before him, except the power of commitment, and, in the absence of the Judge, to exercise all his powers for taking possession and releasing the property of a bankrupt, and to perform such part of the duties of the courts of bankruptcy as they may prescribe by rules and orders, excepting only questions arising on applications of bankrupts for compositions or discharges. All questions in regard to the property or assets or rights of the creditors and persons interested come before the referee for hearing and determination, subject to the right of appeal. After the rights of all parties have been ascertained and determined, and the property has been realized upon, it is distributed among the creditors. Provision is made in the act for allowing bankrupts to compromise or settle with their creditors by a proceeding known as composition proceedings, whereby, if a bankrupt and a majority of his creditors agree upon some basis of settlement, the same, if approved by the Court, shall become binding upon all creditors. The decision of the question as to the approval of compositions and granting discharges to a bankrupt from his debts is specifically reserved by the act to the judges of the United States courts; but the Court, by virtue of its general powers, may refer such matters to the referee to take testimony and report to the Court his opinion thereon. The aim of the act has been to make the expense of the proceedings depend largely upon the amount of the property involved, and the compensation of the referees is fixed substantially at 1 per cent on the amount distributed to the creditors in ordinary cases, where the assets are distributed by the Court, and one-half of 1 per cent in composition cases, and the trustees who have charge of the actual management of the bankrupt's property receive as

compensation such commissions on amounts paid out by them as dividends as the Court may allow, not to exceed, however, 3 per cent on the first $5,000, 2 per cent on the second $5,000, and 1 per cent on all sums in excess of $10,000. Detailed provisions are made in the act for giving notice to all creditors and other persons interested in the estate of the pendency of the proceedings, the payment and declaration of dividends and other matters, and providing methods whereby all parties interested may be heard on all subjects arising in the course of the proceedings.

LABOR LAWS OF THE UNITED STATES.

The United States Statutes at Large provide for a Commissioner of Labor at the seat of Government, who is specially charged to "ascertain at as early a date as possiLabor

Commissioner.

ble, and whenever industrial changes shall make it essential, the cost of producing articles at the time dutiable in the United States, in leading countries where such articles are produced, by fully specified units of production and under a classification showing the different elements of cost, or approximate cost, of such articles of production, including the wages paid in such industries per day, week, month, or year, or by the piece; and hours emp.oyed per day; and the profits of the manufacturers and producers of such articles; and the comparative cost of living, and the kind of living. what articles are controlled by trusts or other combinations

of capital, business operations, or labor, and what effect said trusts or other combinations of capital, business operations, or labor have on production and prices. He shall also establish a system of reports by which, at intervals of not less than two years, he can report the general condition, so far as production is concerned, of the leading industries of the country. The Commissioner of Labor is also specially charged to investigate the causes of, and facts relating to, all controversies and disputes between employers and employes, as they may occur, and which may tend to interfere with the welfare of the people of the different States, and report thereon to Congress. The Commissioner of Labor shall also obtain such information upon various subjects committed to him as he may deem desirable from different foreign nations, and what, if any, convict made goods are imported into this country, and if go from where." (Chap. 389, acts of Congress, 1887-'88.) "The Commissioner of Labor is also authorized to prepare and publish a bulletin containing reports on the condition of labor in this and other countries, condensations of State and foreign labor reports, facts as to conditions of employment, an annual abstract of the main features of the official statistics of the cities of the United States having over thirty (30) thousand population, and such other facts as may be deemed of value to the industrial interests of the country. There shall be printed one edition of not exceeding fifteen thousand copies of each issue of said bulletin for distribution." (Chap. 177, acts of Congress, 1894-'95, as amended.)

In an article entitled "Employer and Employe Under the Common Law," published in the U. S. Department of Labor Bulletin No. 1, pages 98 and 99, the common law on the subject of boycotting, as laid down by the Boycotting. courts, is stated as follows: "Every one has the right to work or to refuse to work for whom and on what terms he pleases, or to refuse to deal with whom he pleases; and a number of persons, if they have no unlawful object in view, have the right to agree that they will not work for or deal with certain persons, or that they will not work under a fixed price or without certain conditions. The right of employes to refuse to work, either singly or in combination, except upon terms and conditions satisfactory to themselves, is balanced by the right of employers to refuse to engage the services of any one for any reason they deem proper. The master may fix the wages, and other conditions not unlawful, upon which he will employ workmen, and has the right to refuse to employ them upon any other terms. In short, both employers and employes are entitled to exercise the fullest liberty in entering into contracts of service, and neither party can hold the other responsible for refusing to enter into such contracts. It has been held, however, that employers in separate, independent establishments have no right to combine for the purpose of preventing workmen who have incurred the hostility of one of them from securing employment upon any terms and by the method commonly known as blacklisting, debarring such workmen from exercising their vocation, such a combination being regarded as a criminal conspiracy. On the other hand, a combination of employes having for its purpose the accomplishment of an illegal object is unlawful; for instance, a conspiracy to extort money from an employer by inducing his workmen to leave him and deterring others from entering his service is illegal; and an association which undertakes to coerce workmen to become members thereof or to dictate to employers as to the methods or terms upon which their business shall be conducted by means of force, threats or intimidation, interfering with their traffic or lawful employment of other persons is, as to such purposes, an illegal combination. Unlawful interference by employes, or former employes, or persons acting in sympathy with them, with the business of a railroad company in the hands of a receiver renders the persons interfering liable to punishment for contempt of court."

The U. S. Statutes at Large provide that the service and employment of all laborers and mechanics employed by the Government of the United States, by the District of Columbia, or by any contractor or sub-contractor Hours of Labor. upon any of the public works of the United States, or of the District of Columbia, shall be limited and restricted to eight hours in any one calendar day. Also, that it shall be unlawful for any officer of the United States, or of the District of Columbia, or for any contractor or sub

contractor as above described, to require or permit any such laborer or mechanic to work more than eight hours in any calendar day, except in cases of extraordinary emergency. (Chap. 352, acts of Congress, 1891-'92.) In 1887 Congress provided by act that eight hours should constitute a day's work for letter carriers in cities or postal districts connected therewith, and if any letter carrier should be employed a greater number of hours per day he should be paid extra for the same. (Chap. 308, acts of Congress, 1887-'88.)

Holiday Pay.

Arbitration of
Labor Disputes.

All persons of the Government service as per diem employes are allowed the following holidays, for which they shall receive pay the same as on others days: January 1, February 22, May 30 (Memorial Day), July 4, December 25, and such days as the President may appoint as days for National thanksgiving. (Resolution No. 5, acts of Congress, 1884-'85, and Resolution No. 6, acts of Congress, 1886-'87.) Chapter 370, acts of Congress, 1897-'98, provides that when a controversy arises between a common carrier, engaged in interstate or foreign commerce, and its employes, which interrupts or threatens to interrupt its business, the chairman of the Interstate Commerce Commission and the Commissioner of Labor shall, upon the request of either party, communicate with the parties and try by mediation and conciliation to settle the controversy, and if their efforts are unsuccessful they shall then try to bring about an arbitration of said controversy; that if the effort at mediation as above does not succeed the controversy may, by the consent of the parties, be submitted to the arbitration of a board of three persons, one to be named by the employing carrier, one to be named by the employes, and the third to be chosen by the two first named, or, if they cannot agree on any one, then by the chairman of the Interstate Commerce Commission and the Commissioner of Labor; that a majority of said arbitrators may make a valid and binding award, which must be found and filed in the clerk's office of the Circuit Court of the United States for the district wherein the controversy arose or the arbitration was entered into, within thirty days from the date of the appointment of the third arbitrator; that the submission of the controversy shall be in writing and signed by boh parties, and must be filed with the award and with a transcript of all the testimony; that these papers so filed in court with the award shall have the force and effect of a bill of exceptions; that the award shall be final and conclusive upon both parties unless set aside by the court for error of law apparent on the record; that the award shall go into practical operation and judgment shall be entered thereon at the expiration of ten days from the filing unless, within said ten days, either party shall file exceptions thereto for matter of law apparent upon the record; that at the expiration of ten days from the judgment of the Circuit Court upon exceptions taken as above, judgment shall be entered in accordance with the decision of the court unless, within said ten days, either party shall appeal to the Circuit Court of Appeals; the decision of the Circuit Court of Appeals shall be final; that employes dissatisfied with the award must not quit the employer before the expiration of three months from and after the making of the award without giving thirty days' notice in writing of their intention, and that an employer so dissatisfied must not, on account of said disssatisfaction, dismiss an employe before the expiration of said three months without giving the same notice; that during the pendency of such arbitration it shall not be lawful for the employer party to such arbitration to discharge employes parties thereto, except for inefficiency, violation of law or neglect of duty, nor for the employes to unite in, aid or abet strikes against said employer, and that for a period of three months after an award under such an arbitration it shall not be lawful for an employer to discharge employes, except for the causes aforesaid, without giving thirty days' notice in writing of his intention so to do, nor for any employes, during a like period, to quit the service of the employer without just cause without giving a like notice; that each member of such board of arbitration shall receive a compensation of $10 per day for the time he is actually employed and also his travelling and other necessary expenses.

CIVIL SERVICE LAWS.

The

The term "Civil Service Act" refers to an act of Congress "to regulate and improve the Civil Service of the United States," approved January 16, 1883, which gave the power to the President to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as a Commission, with authority to prescribe regulations in pursuance of and for the execution of the provisions of the rules and of the Civil Service Act. terms used in the regulations are: "Classified Service," referring to all that part of the executive Civil Service of the United States included within the provisions of the act; "Grade,' referring to a group of employes or positions in the classified service arranged upon a basis of duties performed without regard to salaries received; "Class,' referring to a group of employes or positions in any grade arranged upon the basis of salaries received, and "Excepted Position," referring to any position within the provisions of the Civil Service Act, but excepted from the requirement of competitive examination or registration for appointment thereto. The rules promulgated by the President on May 6, 1896, as amended July 27, 1897, and May 29, 1899, show that almost everything in the District of Columbia between the grade of mere laborer or workman and the grade of Presidential appointment is included in the classified service. The following places are brought into the classification outside the District of Columbia: All executive officers and employes who are serving in a clerical capacity,

on whose duties are in whole or in part of a clerical nature; or in the capacity of a watchman or messenger, or physician, hospital steward, nurse, or whose duties are of a medical nature; or as draughtsman, civil engineer, steam engineer, electrical engineer, computer or fireman; or in the service of the Supervising Architect's office in the capacity of superintendent of construction or of repair, or foreman; or in the service of the Treasury Department in any capacity. The latter section shows that outside the District of Columbia, as well as within the District, everything in the Treasury Department is classified. Within the classified branches there are a certain number of positions now excepted from the requirements of competitive examination, including deputy collectors of internal revenue, office deputy marshals, pension examining surgeons, private secretaries, certain customs service deputies, certain inspectors in the Interior Department, and other miscellaneous positions to the number of about five thousand. About seven thousand classified positions in the Navy yards are subject to the registration system, and about as many others of similar nature in the War Department are to be so subjected. In branches of the service outside the District of Columbia connected with other departments the classification is somewhat more restricted. No person shall be appointed to or be employed in any position which has been or may hereafter be classified under the Civil Service Act until he shall have passed the examination provided therefor, or unless he is especially exempt from_examination by the provisions of the act or the rules made in pursuance thereof. It is provided that examinations shall be held at such places and on such dates as the Commission shall deem most practicable to subserve the convenience of applicants and the needs of the service. It is also provided that persons in the Government service may be appointed as boards of examiners, but the members of such boards are not all to be adherents of one political party when persons of other political parties are available and competent to serve. On July 27, 1897, President McKinley promulgated an amendment to Rule II restricting the power of removal from competitive positions, which, as further amended on May 29, 1899, reads as follows: "No removal shall be made from the competitive classified service except for just cause and for reasons given in writing; and the person sought to be removed shall have notice and be furnished with a copy of such reasons, and be allowed a reasonable time for personally answering the same in writing. Copies of such reasons, notice and answer, and of the order of removal, shall be made a part of the records of the proper department or office; and the reasons for any change of rank or compensation within the competitive classified service shall also be made a part of the records of the proper department or office." Every applicant for examination must be a citizen of the United States, must be of proper age, and must make his application under oath, upon a form prescribed by the Commission, to be accompanied by such certificates as may be required. The age limitations are fixed by the Commission, and vary for different branches of the service. The Commission may, in its discretion, refuse to examine an applicant or to certify an eligible who may be physically disabled to perform the duties required; or who has been guilty of crime or infamous or disgraceful conduct; or who has been dismissed from the service for delinquency or misconduct within one year next preceding the date of his application; or has made a false statement or practised or attempted to practise deception in securing his registration or appointment. Every competitor who attains an average percentage of 70 or more shall be eligible for appointment to the position for which he has been examined. Competitors whose claims to preference under the law have been allowed, and who attain an average of 65 or over, shall be placed, in the order of their average percentages, at the head of the register of eligibles. Persons who served in the military or naval service in the Civil War and were honorably discharged therefrom, and persons who have been separated from positions through no delinquency or misconduct, shall be placed at the head of the register in the order of their fulfilments of requirements. The term of eligibility shall be one year from the date on which the name of the eligible is entered upon the register. When vacancies occur in classified positions the appointing or nominating officer shall request certification to him of the names of eligibles for the position vacant, the certification being of the three names at the head of the register of eligibles, and which names must not have been three times certified to the department or office in which the vacancy exists. Certificates for appointments of persons in or on direct detail from any department or office in Washington, D. C., shall be made so as to maintain as nearly as possible the apportionment of such appointments among the several States and Territories and District of Columbia upon the basis of population, except as to appointments in a few places.

There are four States having State Civil Service laws. The system in New-York was originally established by Chapter 354 of the Laws of 1883, which was amended from time to time in various important respects until, Local Laws. finally, a new act (Chapter 370 of the Laws of 1899) was passed, codifying and uniting all previous acts and extending very considerably the area of their operation. An act was passed by the Legislature of Massachusetts in 1884. In these two States every city is included within the general system.

ILLINOIS-Act passed in 1895, permitting the several cities to establish the system by popular vote. In pursuance of this act, rules were adopted by large popular majorities in the cities of Chicago and Evanston.

WISCONSIN-There is a similar State act applying to cities of the first class, and in actual operation, therefore, only in the city of Milwaukee. In several other States Civil Service rules are in operation in isolated cities, established commonly by amendments to their charters.

PHILADELPHIA-Examinations are provided by the so-called "Bullitt bill." Persons admitted to competition must, however, be satisfactory to the appointing officer, and the examinations are conducted by boards within the departments, so that in actual operation the system amounts practically to nothing.

SAN FRANCISCO, ČAL., and SEATTLE, WASH., have rules applying to all branches of the city service, recently placed in operation through charter amendments adopted by popular vote. Similar rules are in operation as the result of charter amendments coming from legislative enactment or from charter commissions in Columbus, Ohio, and New-Haven, Conn. A set of rules is also provided for by the charter of Indianapolis, but the system in that city has been temporarily set aside by the arbitrary action of the Mayor in 1896. In Portland, Ore., and Louisville, Ky., there are rules applying to certain departments, but not to all.

NEW-YORK STATE-The original act followed closely the form of the Federal act. It provided for the classification of all State offices and for the various departments of cities of 50,000 and over. The application of the system to cities, however, was permissive merely. In 1884 the latter provision was made mandatory and was amended to include all cities in the State. In 1894 a salutary method of enforcement was provided by an enactment forbidding Controllers or other fiscal officers to pay the salaries of persons appointed in violation of the rules, and making those officers personally responsible for improper disbursements of the sort. In 1897 the act commonly known as the "Black Act" was adopted, dividing the control of examinations between the Civil Service boards and appointing officers; providing that a rating of not more than half the total should be given for "merit" by the regular examiners, and that those passing this test should be given a further rating for "fitness," not exceeding one-half the total, and to be determined by the officers themselves. Finally, on March 31, 1898, an act was passed the effect of which was the repeal of the "Black Act" in all cities and the restoration of the system of 1883-'84. In this act it was also provided that no removal should be made from a position subject to competitive examination except for reasons to be stated in writing, and after an opportunity for explanation had been granted to the person affected. The Legislature of 1899 passed an act, which became a law, with the signature of Governor Roosevelt, on April 19, the effect of which was to repeal the "Black Act" outright and to re-establish completely, both in the State and in the cities, the original plan of 1883, with certain extensions and improvements the necessity of which experience had shown. The general Civil Service statutes of the State were reinforced very materially by an amendment to the State Constitution prepared by the Constitutional Convention of 1894 and adopted by the people. This provision is as follows: "Appointments and promotions in the Civil Service of the State, and of all the civil divisions thereof, including towns and villages, shall be made according to merit and fitness, to be ascertained so far as practicable by examinations which so far as practicable shall be competitive; provided, however, that soldiers and sailors of the late Civil War shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which appointments or promotions shall be made." The courts of the State have construed this provision broadly, and as a part result all non-competitive examinations, except for positions in State hospitals and asylums, have been abolished. The original rules and classification of New-York City were drawn under the permissive act of 1883 and under the supervision of a commission of experts appointed by Mayor Edson in 1884. Rules were adopted in the same manner and at about the same time in Buffalo and Brooklyn. The New-York City Board was replaced in 1889 by Tammany Commissioners. During the five years following the administration of the rules was more or less imperfect. Under Mayor Strong the old Commission was restored, and the membership of the Board increased to five. In 1896, through the action of this Commission, approved by Mayor Strong, the application of the rules was greatly extended, until, excepting heads of departments, not more than sixty positions were omitted from the competitive classification. The system of labor registration was also adopted. There were approximately 24,000 positions in the Civil Service on January 1, 1898, of which 6,000 in the educational department were subject to a separate system. The classifications included 6,000 in the police force, also subject to a separate system, 5,000 in the labor service under the registration system and 7,000 in the general competitive schedules. The competitive schedules embraced positions of every character, both clerical, technical and professional. Examinations were conducted by a board of nine examiners, chosen with especial reference to their expert ability, and the examinations generally were of the most practical character. The rules required that the higher places should be filled by promotion, unless the appointing officer certified to the Civil Service Commission that none in the lower grades were fit for the higher duties to be performed. Through careful work the system had been well developed and placed on a highly satisfactory basis. The Greater New-York charter provided that the rules in operation in New-York, Brooklyn and Long Island City up to January 1, 1898, should be continued in full force until new rules were promulgated. Mayor Van Wyck appointed as Civil Service Commissioners Messrs. Charles H. Knox, William N. Dyckman and Robert E. Deyo (later succeeded by Alexander T. Mason), but the new rules were not promulgated until March 5, on which date they received the approval of the Mayor. These rules covered all employes of the greater cityapproximately 41,000-the number in the various classes being in proportion to those given above for New-York alone in 1898. They differed radically from the rules previously in force, chiefly in the fact that they excepted from examination a greatly increased number of positions, and that they removed the labor service from the competitive registration system. A great deal of laxity was permitted in the matter of