Idaho (553) prohibits sale of explo- | (525), and Iowa (209), providing for sives to minors, Illinois (257) makes assexualization. The California law a misdemeanor a sale of toy pistols provides only for the assexualization so constructed as to shoot blank car of persons' who have been twice imtridges, and Iowa (307) makes it fel-prisoned for a sexual crime. The Kanony for persons under 14 years of age sas law applies to habitual criminals, to carry firearms, or for any person idiots, imbeciles, and the insane. The to carry such without permit. In Iowa law includes in its provisions Kansas (404) and Illinois (426) it criminals, rapists, idiots, feeble-mindis a misdemeanor for a miner to have ed, epileptics, syphilitics, moral and more than 25 lbs. of high explosive in sexual perverts, and diseased and dea coal mine. It is a crime in Iowa generate persons. This statute goes (194) and Illinois (506) to neglect further than any previously enacted. to equip locomotives with head lights; It makes it the duty of the State in Montana (240) for teachers to neg- Board of Parole, with the managing lect to have fire drills in schools; in officer and physician of each public Indiana (598) to speed motor boats; institution entrusted with the custody in Kansas (434) to tamper with sig of criminals, rapists, idiots, feeblenal lights. Failure of a flagman to minded, imbeciles, lunatics, drunkards, protect a train is a misdemeanor in drug fiends, epileptics, syphilitics, Kansas (432). It is likewise a mis- moral and sexual perverts and diseased demeanor in Kansas (106) for persons and degenerate persons in the state, under 14 years, or an intoxicated per- to examine annually, or oftener, into son, to run an automobile. Iowa the mental and physical condition, the (129) places in the same class a fail- records and family history of the inure to observe the "law of the road." mates of such institutions, with a Gasoline receptacles must be painted view of determining whether it is imred in Illinois (355). proper or inadvisable to allow any of such inmates to procreate, and to judge of such matters. If a majority of these officers decide that procreation by any of such inmates would produce children with a tendency to disease, deformity, crime, insanity, feeble-mindedness, idiocy, imbecility, epilepsy, or alcoholism, or if the physical or mental condition of any such inmate will probably be materially improved thereby, or if such inmate is an epileptic or syphilitic, or gives evidence that he or she is a moral or sexual pervert, then the physician shall perform the operation of vasectomy or ligation of the Fallopian tubes. The statute further makes mandatory such operation on every convict or inmate of such institution who has been twice convicted of sexual offenses, including soliciting, or who has been twice convicted of felony. (See also XVIII, Prevention.) Protection of Morals.-White-slave laws have been passed in Maine (96), Nevada (356), Kansas (270), and Arkansas (410). Maine (61) has enacted a stringent law against indecent liberties. Kansas (271) makes it a felony to keep a bawdy house, and a misdemeanor to solicit a male to enter such house (270). In Nebraska (201) marriage and divorce according to Indian customs are prohibited; and in South Dakota (405) intermarriage and illicit cohabitation between the Caucasian and Mongolian, African, Corean, or Malayan races are punish able with 10 years' imprisonment. Minnesota (847) prohibits immoral dances in public halls, while South Dakota (227) makes it a misdemeanor to "do" or "to attempt to do the hoochee koochee, grizzly bear, turkey trot, snake wrestle, or bunny hug." Kansas (274) makes it a misdemeanor to sell indecent post cards. Gambling is prohibited in New Mexico (33), and book-making and pool-selling in Idaho (327). Keeping a gambling house is punished with three years' imprisonment in Arkansas (613). Sterilization of Criminals and Defectives. Important laws have been enacted in California (776), Kansas Protection of Business.-Laws for the protection of business have been enacted in several states. California (437) and Delaware (827) have added new sections to their criminal codes, making a false statement made for the purpose of obtaining credit a crime. Maine (62) makes such false statements criminal if made in writing and if they are made respecting the financial condition of the party making them or a firm or company of which he is a member. Indiana (16) makes oral false statements as to financial condition a crime. Indiana (626) and Maine (7) make it a crime to issue a check or order for money when the drawer has not sufficient funds or credit, and Delaware (818) to issue checks on an overdrawn account. Fraudulent advertising is made a crime in Iowa (316), Connecticut (1672), and Indiana (625). The Iowa statute makes illegal an advertisement of any sort regarding merchandise which advertisement contains any assertion or representation which is untrue or deceptive. The Indiana statute is restricted to certain enumerated kinds of misrepresentations. Florida (417) makes it criminal to obtain with an intent to defraud anything of value as a credit or advance under a contract to perform labor, and failing, without just cause, to perform such labor or to pay for the thing received upon demand. Indiana (263) creates the misdemeanor of selling or bartering diseased or defective horses or mules, knowing and concealing the existence of such defect. It is a felony in the same state fraudulently to remove or conceal, to injure, or sell cattle or sheep held for grazing or breeding purposes upon which there is a chat tel mortgage; or for a mortgagee, not being at the time the owner of a debt secured by mortgage, to execute a release of such mortgage (600). The use of false weights and measures (284) and fraud in the sale of fertilizers (229) has been made criminal in Iowa. Fraudulent statements made in sales in bulk are made penal in Illinois (259), as are likewise sales on margin (256). Laws Affecting Prisoners. -Laws dealing with persons convicted of crime are becoming increasingly important. South Dakota (485) and Montana (21) have enacted parole and probation laws, and Kansas (264) has added to the number of crimes for which parole is allowed. The Montana statute gives judges power to suspend sentence (except in the more serious felonies) for a first offense. South Dakota provides for parole by the Governor in cases of indeterminate sentence, and in the case where the convict has served one-half his term, but in no case unless suitable employment has been secured for the convict in some place where he will be free from criminal influences. Maine has passed an indeterminate sentence law (54). It provides that the judge shall not fix a definite term of imprisonment in sentencing a prisoner, but may fix a minimum term not less than six months and not exceeding one-half of the maximum term fixed by statute for the particular offense; and shall recommend what in his judgment would be a proper maximum sentence, not exceeding the maximum fixed by law. Still more significant of the changing attitude of the public toward the criminal are other laws passed in Maine (128), South Dakota (179), California (919, 1010), and Kansas (524). The Maine law provides that on the discharge of a prisoner who has served his term the sheriff may supply him with money, clothing, and railroad fare, the same to be charged to the state. South Dakota provides for the purchase of real estate, the erection of farm buildings, and the purchase of implements for the suitable and healthful employment of convicts. California provides for state assistance in securing employment for discharged convicts. Kansas provides for a daily wage, of not less than 10 cents and not more than 25 cents, for work performed by convicts above their regular daily task. The amount earned is to be a fund to be paid each month to persons dependent on such convicts, or if there be no such dependent, then to be paid to the convict at the end of his term. A new note is struck by California (1010) in the addition of a new section to its criminal code. This section makes it a misdemeanor for any person knowingly and willfully to communicate to another any statement concerning any person then or theretofore convicted of a felony, and then either on parole or finally discharged, with the purpose and intent to deprive said person so convicted of employment or to prevent him from procuring the same, or with intent to extort from him any money or property. California likewise has | lation and oath of a prosecuting attorney the distinction of being the first state to enact a law providing indemnity to persons erroneously convicted of crime. The statute limits the indemnity to $5,000. Arkansas (1014) removes the disability of felons to testify; California (1011) regulates the sale of prison-made goods; and Iowa (34) provides for the keeping of criminal statistics. Indiana (844) joins the increasingly large number of states that have substituted electrocution for hanging. (See XVIII, Correction.) Unlawful Possession of Property.— Indiana (942), Iowa (310), and Missouri (415), have made a crime of what heretofore has been only a civil wrong; Iowa and Missouri make it criminal to be unlawfully in possession of an automobile belonging to another without that other's consent; Indiana extends the same principle to the use of any vehicles. Delaware (825) extends it to dogs and makes such unlawful possession larceny. The Insanity Defense.-It is generally admitted that our law dealing with insanity as a defense for crime is in an unsatisfactory condition. An important statute has been passed by Indiana (774) in an attempt to improve the procedure in this class of cases. The statute provides that insanity must be specially pleaded in writing; that if the defendant is found not guilty in the trial, the verdict shall state whether he did the act charged, and if so whether he was sane or insane at the time; if he is found not guilty because of insanity and is still insane, he must be committed to an asylum for the criminal insane; if he is sane, but a recurrence of the attack of insanity is highly probable, the same disposition is to be made of him. He may file a petition after six months to be discharged; if this is not granted, no further petition can be made within two years. Extradition of Witnesses.-A very important departure from existing law, and one which, if constitutional and followed by other states, will have a most wholesome effect on the administration of the criminal law, is embodied in Chapter 315 of the laws of Iowa for 1913. This law provides: When a petition is filed in the office of a clerk of the district court upon the re in another state, which, by its laws, has heretofore or may hereafter make provision for commanding persons within its borders to attend and testify in a criminal there is a criminal action pending in the action in this state, setting forth that courts of such state wherein a person residing or being within the county wherein said court is held is a material witness for the state in such action, to which there is attached a certified copy of the indictment therein, a judge of said court shall for a hearing on said petition, which issue an order fixing a time and place may be during a session of court or in vacation, and thereupon the clerk shall prepare a notice requiring the said witness to appear before the said judge at the time and place specified in said order to make defense thereto and shall deliver the same to the sheriff of said county for service upon said person. All costs of said proceeding, which shall be estimated by the clerk, shall be paid to the clerk at the time said petition is filed. If it shall be shown upon said hearing that the said person is a material and said case, the court shall enter an order necessary witness for the prosecution in commanding such person to appear and testify in said cause in the court in which such criminal action is pending. at a certain named time and place, of which order the said person shall take notice. been made, having been tendered by the If any person on whom such order has party asking for the order ten cents for each mile traveled to and from such court, and the sum of five dollars for each day that his attendance is required, including the time going and returning from the place of trial, the number of days to be specified in such order, shall unreasonably neglect to attend and testify in such court, he shall be punished in the manner provided for the punishment of disobedience of any order issued from the office of the clerk of the district court, provided, however, that the laws of the state in which the trial is to be held give to persons coming into the state, under such order, protection from the service of papers and arrest. Miscellaneous.-Florida (296) and Indiana (956) have made desertion a felony; these laws do not apply to the desertion by the wife of the husband in any event, and do not apply to the husband if the wife has been guilty of immoral conduct. Florida makes the sending of threatening letters punishable by 10 years' imprisonment; Delaware (793) makes a crime the unlawful destruction or altering of a will; Iowa (128) the failure to destroy noxious weeds; Maine (121) the trespass on improved lands with intent to destroy crops; Indiana (119) the administering of poison to animals; and Iowa (311) the desecration of the flag. X. PUBLIC RESOURCES AND PUBLIC WORKS PUBLIC LANDS MORRIS BIEN Legislation.-During 1913, in the session of Congress lasting from Dec. 2, 1912, to March 4, 1913, there were passed the usual number of bills relating to the public lands. None of them, however, was of special importance in regard to the general policy relating to the public lands. Sales of Indian Lands.-Two important sales of Indian lands took place during the year 1913, namely, the sale of lands in the former Fort Peck Indian Reservation, Montana, and of lands in the former Fort Niobrara Military Reservation in Nebraska, and an area excluded from the Nebraska National Forest. The Fort Peck lands cover an area of about 1,200,000 acres, of which nearly 500,000 acres are agricultural land and 700,000 acres grazing land, appraised at from $2.50 to $7 per acre. These lands were opened under the general provisions of the homestead and desert-land laws with the additional requirement of payment of the appraised value. All applications were required to be presented during a certain time in September, 1913, and on Sept. 23, 12,000 names were drawn from among the applicants. There are lands enough for a little more than 8,000 entries of 160 acres each, and there were over 40,000 applicants. Those who were successful in the drawings will be permitted to make their entries at specified times after April 1, 1914. National Forest amounted to about were Water-Power Sites.-Under the Act of Congress approved June 25, 1910, a number of withdrawals of public lands were made with the view of setting apart those lands which would be valuable in connection with water-power development. After the passage of that Act there was some effort to secure the enactment of a law which would permit the utilization of these sites under proper restrictions. Congress, however, did not pass any such act and the Department of the Interior, upon consideration of the matter, decided that the Secretary of the Interior, under existing laws and his general superThe lands in the Fort Niobrara Mil- visory authority over the public itary Reservation comprised a total lands, was authorized to permit the of about 44,000 acres, in which there use of these reserved power sites were 94 tracts subject to entry of under appropriate conditions. Sev160 acres each, and 46 tracts sub-eral permits of this kind have been ject to entry of 640 acres each. The issued, one of the most important lands excluded from the Nebraska among them being that covered by a permit issued July 29, 1913, in favor of the International Power & Manufacturing Co., whose plant is to be located on Clark Fork or Pend d'Oreille River, Washington. Valley. The Act incorporates certain regulations to preserve the streams from pollution, prohibiting the depositing of refuse or other contaminating matter within 300 ft. of any reservoir or stream, and other appropriate regulations to describe the method in which the lands shall be occupied by residents, campers and others using it as a summer resort. The Act provides for furnishing a water supply for irrigation purposes This permit and the accompanying agreement provide for the occupation of these lands under certain conditions. The company is required after the year 1923 to pay the United States certain rates of compensation per horse power, dependent upon the average price for electric energy to lands within two irrigation discharged to customers and consumers, tricts which must rely upon the the charge per horse power decreasing waters of the streams affected for the as the charge to consumers decreases. water supply for the cultivation of The charge paid to the United States their lands. The city is permitted per horse power will decrease much to develop power by use of the more rapidly than the charge to con- waters under certain restrictions and sumers decreases, thus offering a conditions. The city is required to strong inducement to the company to build roads and trails through the lower its prices to consumers. A maxi- park, the estimated cost of which is mum charge to customers and con- between $500,000 and $1,000,000, to sumers is provided for. The company be turned over free of charge to the is required to provide for the devel- United States. These roads will afopment of 50,000 horse power within ford access to nearly all the importhree years, and the ultimate devel- tant points in the vicinity of this opment will be 112,000 horse power. work. The city of San Francisco has This permit is revocable at the dis- purchased about 3,400 acres of land cretion of the Secretary of the Inte- within the national park and national rior and the Secretary of Agriculture, forest, and it agrees to turn over to who jointly issued the permit, part of the United States all the land not the land being public land and part needed for its operations, a tract conbeing within a national forest. The siderably more than 640 acres in exrates charged under this contract are tent. subject to revision at intervals of not less than 20 years. This agreement has been published as a Senate Document, No. 147, 63d Cong., 1st sess. Hetch Hetchy Grant to San Francisco. A question which has aroused much general public discussion on subjects related to the public lands is the grant by Congress to San Francisco of the use of certain lands in Hetch Hetchy Valley, Cal., for the city water supply. The Act grants necessary rights of way not exceeding 250 ft. in width that may be required, in the judgment of the Secretary of the Interior and the Secretary of Agriculture, for the construction and operation of a water-supply system, together with power houses, pole lines, roads, trails, bridges, etc., with in the Stanislaus National Forest and the Yosemite National Park. Among the works to be constructed is a dam at least 200 ft. high for the storage of water on the floor of Hetch Hetchy This Act has been the subject of active discussion, many persons contending that the lands are not necessary for the city of San Francisco water supply, or at least not to so great an extent as to justify the interference with the Yosemite National Park, claiming that the use proposed will constitute a serious detriment to the beauty of the wonderful scenery in this portion of the park. Others claim that these works will have little or no effect upon the scenic beauty of these lands. Whatever may be the individual opinion as to the wisdom of this legislation, it may be said that Congress has not acted without full information, as both the friends and the opponents of this measure were extremely active in presenting their views, to the committees, to individual members of Congress, and to the public' as well. In signing the bill on Dec. 19, President Wilson said: |