What is the maximum rate per mile that can be charged by railroads for the transportation of passengers in this state? How came this to be? If a farmer wished to ship a carload of wheat without putting it into a warehouse, how could he get a car? If a car were refused what could he do?

Examine the end of a kerosene cask, and find out what the marks on it mean. By reference to the latest report of the secretary of the state board of immigration, find out what inducements to immigrants this state offers. Is there probably such a board as this in the eastern states? Why? In European countries? Why?

Name and define the duties of any boards in your state not referred to in the text above.

CHAPTER XV.

THE JUDICIAL BRANCH.

We have seen that minor differences may be adjudi cated in each town, village and city, by justices of the peace and municipal courts; and that courts having jurisdiction unlimited as to the amount at controversy are held in every county. And these may all be properly called state courts, the state being subdivided into judicial districts, each comprising one or more counties, for the purpose of bringing justice within the reach of every person. But there is also in every state a

SUPREME COURT OR COURT OF APPEALS.

Need of. The court of appeals, usually called the supreme court, is needed for the following reasons:

1. To review cases on appeal. Notwithstanding the great care exercised in the lower courts, errors are liable to occur, and the person aggrieved may ask for

a new trial. If this be denied, he may appeal to the supreme court. Appeals are usually taken on one or more of three grounds—(a) On exceptions to rulings of the judge as to the admissibility of testimony; (b) On exceptions to the judge's charge to the jury; (c) On the ground that the verdict of the jury is not warranted by the evidence.

2. To interpret the law. The exceptions referred to in the preceding paragraph may involve the meaning of a law. In that case the decision of the supreme court establishes the meaning of the law in question, and the lower courts of the state are thereafter bound by the interpretation given.

3. To pass upon the constitutionality of a law. The appeal may be made for the purpose of testing the constitutionality of a law. If declared unconstitutional by the supreme court, the law is void.

4. To issue certain remedial writs. Among these may be mentioned the writ of habeas corpus and the writ of mandamus. Thus, if a person has been committed to prison by decree of one of the lower courts, to appeal the case and get it reviewed, might take so much time that the term of imprisonment would expire before relief could be obtained. To bring the matter quickly to the test, the writ of habeas corpus may be used.

How Constituted -The supreme court consists of one chief justice and two or more associate justices. The number in each state may be seen by reference to pages 296-7, as may also the mode of election, the term of service, the salary, etc.

Reports. Since the decisions of the supreme court are binding upon all the lower courts of the state, they must be published in permanent form. To this end, the clerk of the supreme court makes an elaborate record of

cach case; the judges render their decisions in writing, giving their reasons at length; and the reports of the decisions are prepared for publication with great care by an officer called the reporter. The decision is written by one of the judges, who signs it, but it must be agreed to by a majority of the court. The bound volumes of reports are found in every lawyer's library.

A Court of Final Appeal.-In all cases involving only state laws, and this includes a large majority of cases, the decision of the state supreme court is final. Only on the ground that the state law is not in harmony with the constitution or laws of the United States can a case involving such a law be appealed from the supreme court of the state. The appeal is to the supreme court of the United States, which decides merely the question of the validity of the law.

State Courts and Federal Courts.-The jurisdiction of the United States courts is given in the constitution of the United States, Article III, section 2. If during the progress of a trial in a state court, rights claimed under the United States constitution or laws or under a treaty of the United States becomes involved, the case may be removed to a federal court.

No Jury in the Supreme Court.-There is no jury in the supreme court. A transcript of the proceedings in the trial court is submitted to the supreme court. Ask a lawyer to show you a brief and a paper book.

In some states there is an appellate court between the district court and the supreme court.

Some Pertinent Questions.

Give the jurisdiction of a justice court. Of a probate court. Of a district or circuit court. Of the supreme court?

Who is the recording officer of a justice court? Of a probate court? Of a district court? Of the supreme court?

Who keeps a record of the testimony in a justice court? In

a district court? What is meant by "noting an exception," and why is it done? If a person is dissatisfied with the decision of the supreme court, what can he do about it?

Who besides the judges of the supreme court can issue the writ of habeas corpus?

Name the justices of the supreme court of this state. How are they chosen? How long do they serve? How many terms does this court hold annually? Where are they held? How long do they last? Read some of the syllabi of the decisions as they appear in the newspapers. Who prepares these outlines for the press?

Which state in the Union has the largest supreme court? Which has the smallest? Which demands the highest qualifications? In which is the term the longest? In which the shortest? Does a decision of the supreme court of New York have any weight in Minnesota? Which states rank highest in the value attached to the decisions of their supreme courts? How do you account for this?

Paper: By means of pages 292-7, &c., prepare a tabular view of your state, taking that on pages 314-15 as a model.

CHAPTER XVI.

RETROSPECT AND PROSPECT.

Each Organization a Miniature Government. Some things of general interest are matters for regulation by the state as a whole, through its legislature. But many things are properly left to local regulation. For instance, in a timbered town, where fences can be cheaply built, it may be desirable, especially if there is much wild land, to let cattle run at large, each person fencing out the cattle from his crops. On the other hand, in a prairie town, where fencing is expensive, or where there is little wild land, it may seem best to arrange that each person shall fence in his own cattle. No persons can judge which is the better plan for a given neighborhood so well as the people who live there. And to them it is left, to be deter

mined at the annual meeting. In passing upon such questions, in appropriating money for local improvements, &c., powers pseudo-legislative are exercised. Matters of detail are determined by the supervisors, and they with the clerk, the treasurer, the road overseers, the constables, and the assessor, constitute what may be called the executive, or more properly the administrative, department. And the local judicial functions are performed by the justices of the peace. Similarly it may be shown that the village, the city, and the county are governments in miniature.

Local Officers as State Officers.-The governor is the chief executive officer of the state, but not the only one. There are others enumerated on pages 90-99. But besides these, the state uses local officers in part to carry into execution the acts of the legislature. For instance, when the legislature has appropriated a certain sum for a specific purpose, the executive department raises and applies the money. To this end, the taxable property of the state is "valued" by the assessors; these estimates are reviewed by the boards of equalization; the county auditors make up the tax lists; the county treasurers collect the money and transmit it to the state treasurer, from whom it goes to the institution for whose benefit it was appropriated.

All writs issued by justices of the peace run in the name of the state, showing that these are in a certain sense state judicial officers.

State Officers as United States Officers.-As a rule the United States appoints its own officers, and stations them where they are needed. But in a very few cases, state officers are used. For instance, in order that persons accused of crime against the United States may be promptly apprehended, commissioners of the United