GIFT OF 
 
 V > 
 
Some 
 America s Exe 
 
SOME MOTES 
 IN AMERICA'S EYE 
 
 BY 
 
 EDWARD JONES COX 
 
 Published by 
 
 J. F. ROWKTf PRESS 
 
 Los Angeles, Cal. 
 1919 
 
) Ij Copyright, 1919 
 
 *$ V by 
 
 EDWARD JONES COX 
 
 Newtonville, Mass. 
 
AFFECTIONATELY INSCRIBED TO MY BROTHERS, 
 
 CHARLES M. Cox, OF MELROSE, MASSACHUSETTS, 
 
 AND 
 JOHN W. Cox, OF CORONADO, CALIFORNIA, 
 
 BY THE AUTHOR, 
 EDWARD JONES Cox 
 
Introductory 
 
 It may be that the author, a retired Boston teacher, gets 
 the temerity to criticize the Constitution from the fact 
 that, in the old days of the Dedham, Mass., High School, 
 the civil government taught there consisted in committing 
 the Constitution to memory, amendments and all. 
 
 While some are proposing much more radical changes 
 than are to be found suggested here, we all wish to attain 
 the same object, namely, to remove the barnacles from 
 the Ship of State. The President, whom we have come 
 to feel is our most direct representative, needs to be re- 
 lieved of certain restraints ; Congress needs to be re- 
 strained from extravagance, and unwisdom, and to be 
 composed of a much higher class of men than of late 
 years ; and the courts need to be made instrumentalities of 
 justice and equity, instead of so much precedent, techni- 
 cality and injunction, and declaring laws to be unconstitu- 
 tional. As one author says, "You attribute too much pene- 
 tration to our judiciary. You imagine that official deco- 
 ration increases human sagacity and sharpens the percep- 
 tion. It is quite the other way. Badges of office have 
 the effect of inflating egotism to such a degree that judg- 
 ment is corrupted." The problem of making the courts 
 places where nothing but even-handed justice is dispensed, 
 needs to be taken up with extreme seriousness, and the 
 too long-suffering patience of the American people with 
 things they know to be wrong, needs to give way to a 
 determination to have things right. 
 
 We are living in an interesting time. The other na- 
 tions of the world seem to have set America up on a 
 pedestal of appreciation, for our part in the Great War, 
 and it is a proud moment in the life of our country, which 
 has so few things in its history to be ashamed of. And 
 
 5 
 
SOME: MOTDS IN AMERICA'S EYE 
 
 now, through the influence of President Wilson, has 
 come about the formation of the League of Nations. 
 This "carries the frontier of American Democracy over- 
 seas. We must now fight against ignorance and disease, 
 poverty and injustice, greed and tyranny, all over the 
 world, a task calling for pioneers and crusaders, and the 
 whole army of American citizenship." All nations seem 
 to look to us for help, and the great, sympathetic repub- 
 lic responds willingly, with glad heart and full hands, as 
 fast as possible. 
 
 But, at such a time, when we are in the limelight of 
 approval, it is plainly our duty to deserve this by eradi- 
 cating any faults of our own. Let us undertake this in 
 the real American spirit. 
 
 THE AMERICAN SPIRIT 
 
 When America goes forth to battle, 
 
 'Tis because she's forced to right some wrong. 
 When her cannon roar and muskets rattle, 
 
 'Tis because some tyrant's reigned too long. 
 She can't bear to see oppression crushing 
 
 Worthy manhood, wheresoever found, 
 To the rescue all her power goes rushing, 
 
 Till all shackled peoples are unbound. 
 
 Bounteous Nature gave us such resources 
 
 We must use them for the good of all. 
 Through our veins the strength of freedom courses, 
 
 We must answer ev'ry sufFrer's call. 
 With Old Glory proudly floating o'er us, 
 
 North and South and East and West unite, 
 Marching, singing, in determined chorus 
 
 We will help men striving for the right. 
 
SOME MOTES IN AMERICA'S EYE 
 
 When republics, land by land, have taken 
 
 All the Earth for popular control, 
 And all monarchs from their thrones are shaken, 
 
 No more shall we hear the war-drums roll, 
 Land of Freedom! Ring from ev'ry steeple, 
 
 World- wide suffrage then can prove its worth, 
 Gov'rnment of, and by, and for the people 
 
 Shall not, cannot, perish from the Earth. 
 
 E. J. C. 
 
 Changes and additions suggested are printed in italics. 
 
 If there should be any call for this pamphlet, a second edition 
 would contain the full wording of those parts marked Un- 
 changed. Few people have in their homes a copy of the con- 
 stitution, under which our government works. And few 
 Americans know that some of the constitutions which have been 
 adopted since ours was, are decided improvements upon our 
 own. Let us not lag behind Australia, New Zealand, Mexico, and 
 others, in this matter. 
 
 After reading, kindly write me your opinion of it, and then 
 present it to some library. 
 
Preface 
 
 "When, in the course of human events, it becomes" evi- 
 dent that the time-honored CONSTITUTION OF THE: UNITED 
 STATES OF AMERICA has become in some ways an obstacle 
 in the path of the Nation's progress, it behooves any pro- 
 gressive patriot citizen to see what suggestions he can 
 make for its improvement. So many things have been 
 done, similar to the decision of the Supreme Court that 
 the law providing that child labor of sixty hours a week 
 should be forbidden, was unconstitutional, that the ordi- 
 nary citizen has lost his respect both for the court and 
 the Constitution. Such decisions as this, apparently based 
 on precedent, technicality, or subservience to wealth, in- 
 stead of justice, equity and the best good of the Nation, 
 cannot be too long made, without causing a revolution of 
 their victims, which will endanger the very life of the 
 republic. 
 
 Therefore, while agreeing that the wonderfully sensible 
 and patriotic members of the convention which formed 
 the Constitution of 1789, devised a government of "checks 
 and balances" which has served the country remarkably 
 well for a century and a quarter, it would seem that it is 
 high time to follow the example of such a state as Massa- 
 chusetts, and call a convention, which shall submit for 
 popular approval, or disapproval, a constitution which 
 shall be better suited to the needs of today. Growth in 
 size and population and wealth, also invention, immigra- 
 tion, and changed position among the nations, have so 
 altered conditions, that, while the old Constitution will 
 always be sacred historically, it ought to be possible to 
 adopt a new one which will be as much of an improvement 
 upon the old one, as that was upon the ARTICLES OF CON- 
 FEDERATION OF 1775. 9 
 
SOME MOTES IN AMERICA'S EYE 
 
 THE AMERICAN'S CREED 
 
 I believe in THE UNITED STATES OF AMERICA as a 
 government of the people, by the people, for the people ; 
 whose just powers are derived from the consent of 
 the governed ; a democracy in a republic, and a sovereign 
 nation of many sovereign states ; a perfect union, one and 
 inseparable ; established upon those principles of freedom, 
 equality, justice and humanity, for which American pa- 
 triots sacrificed their lives and their fortunes. 
 
 I, therefore, believe it is my duty to my country to love 
 it, to support its constitution, to obey its laws, to respect 
 its flag and to defend it against all enemies. 
 
 (Awarded the prize of $1000 in a "National Citizens' 
 Creed Contest", in President Wilson's administration, and 
 written by William 'Tyler Page, a descendant of Presi- 
 dent John Tyler, and of Carter Braxton, a signer of the 
 DECLARATION OF INDHPHNDHNCH.) 
 
 10 
 
THE CONSTITUTION OF THE UNITED 
 STATES OF AMERICA 
 
 PREAMBLE 
 
 We, the People of The United States of America, in 
 order to form a more perfect union, establish justice, en- 
 sure domestic tranquillity, provide for the common de- 
 fense, promote the general welfare, and secure the bless- 
 ings of liberty to ourselves and our posterity, do ordain 
 and establish this constitution for THE; UNITED STATES OF 
 AMERICA. 
 
 (The so-called "Elastic Clause", PRO MOTH THE 
 GENERAL WELFARE, has been the part of the consti- 
 tution which has enabled Congress to adapt our govern- 
 ment to the changing conditions of our growth from thir- 
 teen weak states to forty-eight powerful ones. Let us take 
 it as expressing our underlying spirit in offering these sug- 
 gestions.) 
 
 ARTICLE I 
 
 LEGISLATIVE DEPARTMENT 
 
 CONGRESS 
 SECTION 1. Unchanged. . . 
 
 HOUSE OF REPRESENTATIVES 
 SECTION 2. 1 ELECTION OF REPRESENTATIVES. The 
 House of Representatives shall be composed of members 
 chosen every second year by the people of the several 
 states, and the electors in each state shall have the qualifi- 
 cations requisite for electors of the most numerous branch 
 of the state legislature, (including the ability to speak, 
 read and zvrite the English language.) 
 
 This is added to remove the danger coming from the 
 existence among us of communities which are more for- 
 eign in character than they are American. 11 
 
SOME: MOTES IN AMERICA'S EYE; 
 
 2. QUALIFI CATIONS OB* REPRESENTATIVES. Unchanged. 
 
 3. APPORTIONMENT OF REPRESENTATIVES. Represent- 
 atives shall be apportioned among the states, according to 
 their respective numbers, (counting the zt'hole number of 
 persons in each state). 
 
 Excluding Indians not taxed is no longer just, after the 
 part taken by Indians in the War of 1916-18. 
 
 But when the right to vote at any election for the choice 
 of President or Vice-President of the United States, Rep- 
 resentatives in Congress, the executive and judicial offi- 
 cers of a state, or the members of the legislature thereof is 
 denied to any of the inhabitants of such state, being 
 twenty-one years of age, and citizens of the United States, 
 or in any way abridged, except for participation in rebel- 
 lion or other crime, the basis of representation shall be 
 therein reduced in the proportion which the number of 
 such citizens shall bear to the whole number of citizens 
 twenty-one years of age in such state. 
 
 The negroes of this country have reached a condition of 
 worthiness, both as citizens and soldiers, which should 
 bar none of them from the privilege of voting. 
 Further denial of political privileges to the women of 
 this country is inexcusable. 
 
 4. VACANCIES. Unchanged. 
 
 5. OFFICERS OF THE HOUSE. Unchanged. 
 
 THE SENATE 
 
 SECTION 3. NUMBER OF SENATORS. Unchanged, ex- 
 cept that the electors in each state shall have the qualifica- 
 tions requiste for the most numerous branch of the state 
 legislature, (including the ability to speak, read and zvrite 
 the English language), the same as for representatives. 
 
 2. CLASSIFICATION OF SENATORS AND VACANCIES. 
 Unchanged. 
 
 3. QUALIFICATIONS OF SENATORS. Unchanged. 
 
 4. PRESIDENT OF THE SENATE. Unchanged. But, in 
 addition, (the Vice-President of the United States shall 
 be, c.v-officio, a member of the President's cabinet, ivith 
 
 12 
 
SOME MOTES IN AMERICA'S EYE 
 
 power to attend all meetings, and discuss and vote upon 
 all. questions.) 
 
 To give the Vice-President a more worthy position, and 
 
 a share in executive responsibilities. 
 
 5. OFFICERS OF SENATE. Unchanged 
 6. TRIAL OF IMPEACHMENT. Unchanged. 
 7. JUDGMENT IN CASES OF IMPEACHMENT. Un- 
 changed. 
 
 ELECTION OF SENATORS AND 
 
 REPRESENTATIVES 
 
 MEETINGS OF CONGRESS 
 
 SECTION 4. 1. ELECTION OF MEMBERS OF CONGRESS. 
 Unchanged. 
 
 2. CONGRESS TO MEET ANNUALLY. The Congress 
 shall assemble at least once in every year, and such meet- 
 ing shall be on the first Monday in December, unless they 
 shall, by law, appoint a different day. (No Senator or 
 Representative shall retain his seat in Congress after his 
 failure to receive re-election, but the person chosen in his 
 place shall at once take it.) 
 
 To prevent members of Congress who fail of re-election 
 from sitting in the short session from December to the 
 4th of March, and introducing spite acts, or hindering 
 legislation, on account of rejection. This has been one 
 of the weak points in our government. 
 
 POWERS AND DUTIES OF EACH HOUSE OF 
 CONGRESS 
 
 SECTION 5. SOLE JUDGE OF QUALIFICATIONS OF MEM- 
 BERS. Unchanged. 
 
 2. RULES OF PROCEDURE. PUNISHMENT OF MEMBERS. 
 Each house may determine the rules of its proceedings, 
 (except that no member may hold the floor for more than 
 two consecutive hours; neither shall any rules, or "gentle- 
 men's agreement" be allowed to bring about the control of 
 either body by a small number of its members, as has been 
 done in the Senate by <c senatorial courtesy 3 ), punish its 
 
 13 
 
SOME MOTES IN AMERICA'S EYE 
 
 members for disorderly behavior, and with the concur- 
 rence of two-thirds, expel a member. 
 
 "Senatorial courtesy," excessive senatorial dignity, and 
 allowing measures to be talked to death by letting mem- 
 bers hold the floor too long, have been dangerous to our 
 welfare, and strongly resented by the people, bringing 
 Congress into contempt. 
 
 3. JOURNALS. Each house shall keep a journal of its 
 proceedings, and from time to time publish the same, ex- 
 cepting such parts, as may, in their judgment, require 
 secrecy; (but nothing shall be printed except what was 
 actually spoken); and the ayes and noes of the members 
 of either house, on any question, shall, at the desire of one- 
 fifth of those present, be entered on the journal. 
 
 "Leave to print" is a privilege which has been greatly 
 abused, at the expense of the people. 
 4. ADJOURNMENT. Unchanged. 
 
 COMPENSATION, PRIVILEGES, AND DISABIL- 
 ITIES OF REPRESENTATIVES AND 
 
 SENATORS 
 
 SECTION 6. 1. COMPENSATION PRIVILEGES. Un- 
 changed. 
 
 2. DISABILITY TO HOLD OTHER OI^ICE. Unchanged 
 
 MODE OF PASSING LAWS 
 SECTION 7. SPECIAL PROVISION AS TO REVENUE LAWS, 
 All bills for raising revenue shall originate in the House 
 of Representatives (and must be under a budget system), 
 Practically all nations but ours keep down extravagance 
 by a budget system. 
 
 but the Senate may propose or concur with amendments, 
 as on other bills. (All differences between the houses on 
 any kind of bill, zvhich may be settled by committees of 
 conference, shall be brought before both houses at least 
 three days before they sJiall be voted on.) 
 
 Queer things have been done in conference committees, 
 even by single members, to the disgust of the people. 
 
 (Bach bill shall state the object zvhich it is intended to 
 achieve, so that no case arising under it may be decided 
 14 
 
SOME MOTES IN AMERICA'S EYE 
 
 on technicality, but strictly on equity, and no bill or law 
 which does this shall be called unconstitutional.) 
 
 This is absolutely necessary, if respect for our courts is 
 
 to be restored. 
 
 2. LAWS, How ENACTED. Every bill which shall have 
 passed the House of Representatives and the Senate shall, 
 before it becomes a law, be presented to the President of 
 the United States. (The items which he shall approve, he 
 shall sign; but those which he shall disapprove, he shall 
 return, with his objections, to that house in which they 
 shall have originated, who shall enter the objections at 
 large on their journal, and proceed to reconsider them. 
 If after such reconsideration, tivo-thirds of that house 
 shall agree to pass them, they shall be sent, together with 
 the objections, to the other house, by which they shall like- 
 wise be reconsidered, and if approved by two-thirds of 
 that house, they shall become law. But, in all such cases, 
 the votes of both houses shall be determined by ayes and 
 noes; and the names of the persons voting for and against 
 the items shall be entered on the journal of each house 
 respectively. If any item shall not be returned by the 
 President ivithin ten days (Sundays excepted) after it 
 shall have been presented to him, the same shall be a law, 
 in like manner as if he had signed it, unless the Congress, 
 by their adjournment, prevent its return, in which case it 
 shall not be a law.) 
 
 This will prevent "riders" being attached to bills and 
 give the President power to veto items of bills. 
 
 ( Bills rushed through during the last week of a session, 
 so that the President does not Imve proper time to con- 
 sider them, shall, if he does not sign them, go over to the 
 next session.) 
 
 Many queer things have been done in the rush of the 
 last week. 
 
 3. SAME RULES APPLY TO RESOLUTIONS. Unchanged. 
 
 POWERS GRANTED TO CONGRESS 
 SECTION 8. 1 TAXATION. Unchanged. 
 
 15 
 
SOME: MOTES IN AMERICA'S EYE 
 
 2. LOANS. Unchanged. 
 
 3. COMMERCE. Unchanged. 
 
 4. NATURALIZATION AND BANKRUPTCIES. Congress 
 shall (establish uniform laws on the subject of bankrupt- 
 cies throughout the United States), 
 
 This has long been needed, state laws are so diversified. 
 and a uniform rule of naturalization (requiring at least 
 five years' residence in the United States, before applying 
 for the first papers, together ivith the ability to speak, read 
 and write the English language. There shall always be 
 espionage laws in force, under which troublesome ini- 
 naturalized aliens may be deported.) 
 
 Our fathers were too liberal in granting to foreigners 
 privileges here, and this has been thanklessly taken ad- 
 vantage of, especially in political life. 
 
 5. COIN. Unchanged. 
 
 6. COUNTERFEITING. Unchanged. 
 
 7. POSTOFFICE. Unchanged. 
 
 8. PATENTS AND COPYRIGHTS. Unchanged. 
 
 9. COURTS. Unchanged. 
 
 10. PIRACIES. Unchanged. 
 
 1 1 . WAR. Unchanged. 
 
 12. ARMY. Unchanged. 
 
 13. NAVY. Unchanged. 
 
 14. MILITARY AND NAVAL RULES. To make rules for 
 the government of the land and naval forces (but the 
 highest pay shall be given to those branches of the service 
 whose duty it is to go into the danger zone in battle). 
 
 As it is, the fighting men receive less pay than those of 
 the quartermaster, commissary, and other safe branches, 
 
 15 AND 16. MILITIA. Unchanged. 
 
 17. FEDERAL DISTRICT AND OTHER PLACES. Un- 
 changed. 
 
 18. MAKE LAWS TO CARRY FOREGOING POWERS. Un- 
 changed. 
 
 LIMITATIONS ON POWERS GRANTED 
 TO THE UNITED STATES 
 
 SECTION 9. I. SLAVE TRADE. Omit. 
 16 
 
SOME; MOTES IN AMERICA'S EYE 
 
 2. HABEAS CORPUS. Unchanged. 
 3. Ex POST FACTO LAW. Unchanged. 
 4. DIRECT TAXES. Unchanged. 
 5. DUTIES ON EXPORTS. 
 
 (Taxes or duties shall be laid on American-made arti- 
 cles, and American-raised produce exported abroad, suffi- 
 cient to cause them to cost as much abroad as they are 
 sold at in this country.) 
 
 This educating the American public to pay high prices 
 and then selling American goods to the foreigner for 
 whatever he can pay, has been carried to an absurdity. 
 The American producers have got so that they would 
 rather do anything than come down on their prices, to 
 our own too-patient consumers. 
 
 6. No COMMERCIAL DISCREPANCY TO BE MADE BE- 
 TWEEN STATES. Unchanged. 
 
 7. MONEY. How DRAWN FROM THE TREASURY. Un- 
 changed. 
 
 8. TITLES OF NOBILITY. Unchanged. 
 
 SECTION 10. 1,2 AND 3. POWERS PROHIBITED TO THE 
 STATES. Unchanged. 
 
 ARTICLE II 
 
 EXECUTIVE DEPARTMENT 
 
 SECTION l. 1. EXECUTIVE POWER VESTED IN PRESI- 
 DENT TERM OF OFFICE. The executive power shall be 
 vested in a President of the United States of America. 
 He shall hold office during the term of four years, and, 
 together with the Vice President, chosen for the same 
 term, shall be elected (by the majority vote of the whole 
 country, without any regard to the old system of presi- 
 dential electors by states). 
 
 The old system is clumsy, the old insistence on state 
 rights, based on the idea of "a loose union of independent 
 commonwealths" is outgrown, and a straight majority 
 vote would be better. 
 
 SECTIONS 2, 3 AND 4. Omit. 
 
 5. QUALIFICATIONS OF PRESIDENT. Unchanged. 
 
 17 
 
SOME: MOTES IN AMERICA'S EYE; 
 
 6. PRESIDENTIAL SUCCESSION. Unchanged. 
 
 7. SALARY OF PRESIDENT. Unchanged. 
 
 8. OATH OF OFFICE OF PRESIDENT. Unchanged. 
 
 POWERS OF PRESIDENT 
 
 SECTION 2. 1. COMMANDER IN CHIEF. Unchanged. 
 2. TREATIES AND APPOINTMENTS. Unchanged. 
 3. FILLING VACANCIES. Unchanged. 
 4. SENTENCES AND PARDONS. (All pardons granted 
 and sentences imposed in the United States shall be on 
 a probation basis, and any pardon may be revoked or 
 sentence altered at any time by a president of the United 
 States.) 
 
 The celebration of an anniversary by a governor of a 
 state pardoning murderers, and the granting honorable 
 discharge from the army, with pay for the time they were 
 in prison, to a lot of slackers from the great war, by a 
 pacifist Secretary of War, show the need of reviewing 
 power by some one directly responsible to the people. 
 Also both court and court-martial sentences are often 
 unduly severe. 
 
 FURTHER POWERS OF PRESIDENT 
 SECTION 3. MESSAGE TO CONGRESS ADJOURN AND 
 
 CALL SPECIAL SESSION. Unchanged. 
 
 SECTION 4. IMPEACHMENT OF PRESIDENT, AND OTHER 
 
 OFFICERS. Unchanged. 
 
 ARTICLE III 
 JUDICIAL DEPARTMENT 
 
 SECTION 1. COURTS TERMS OF OFFICE, AND SALARY 
 OF JUDGES. Unchanged. 
 JURISDICTION OF UNITED STATES COURTS 
 
 SECTION 2. CASES THAT MAY COME BEFORE UNITED 
 STATES COURTS. The judicial power shall extend to all 
 cases, in law and equity, arising under this constitution, 
 the laws of the United States, and treaties made, or whicli 
 shall be made, under their authority, to all cases affecting 
 ambassadors, other public ministers, and consuls; to all 
 cases of admiralty and maritime jurisdiction; to contro- 
 ls 
 
SOME: MOTES IN AMERICA'S EYE 
 
 versies to which the United States shall be a party ; to con- 
 troversies between two or more states; between a state 
 and citizens of another state ; between citizens of different 
 states; between citizens of the same state claiming lands 
 under grant of different states; and between a state, or 
 citizens thereof, and foreign states, citizens, or subjects 
 (also all cases of riot, lynching, usury and profiteering). 
 
 Local juries in state courts, in these last cases, seem to 
 be afraid to convict. 
 
 2. JURISDICTION OF SUPREME AND APPELLATE COURTS. 
 Unchanged. 
 
 3. TRIAL OF CRIMES. Unchanged. 
 
 TREASON 
 
 SECTION 3. TREASON DEFINED. Unchanged. 
 2. CONVICTION. Unchanged. 
 3. PUNISHMENT. Unchanged. 
 
 ARTICLE IV 
 
 THE STATES AND THE FEDERAL 
 GOVERNMENT 
 
 SECTION 1. STATE RECORDS. Full faith and credit shall 
 be given in each state to the public acts, records, and judi- 
 cial proceedings of every other state. And the Congress 
 may, by general law, prescribe the manner in which such 
 acts, records, and proceedings shall be proved, and the 
 effect thereof. (All public and historical records of the 
 nation, states, counties, cities, and tozvns shall be required 
 by law to be kept in fireproof buildings.) 
 
 A host of invaluable records of all kinds at Washington 
 and all over the country, are kept in wooden firetraps. 
 
 ARTICLE V 
 AMENDMENTS 
 
 SECTION 1. AMENDMENTS, How PROPOSED AND 
 ADOPTED. Unchanged. 
 
 19 
 
SOME: MOTES IN AMERICA'S EYE 
 
 ARTICLE VI 
 PROMISCUOUS PROVISIONS 
 
 SECTION 1. 1. THE PUBUC DEBT. Unchanged. 
 
 2. SUPREME LAW OF THE LAND. Unchanged. 
 
 3. OATH OF OFFICE AND RELIGIOUS TEST. Unchanged. 
 
 ARTICLE VIII 
 RATIFICATION OF CONSTITUTION 
 
 Done in convention, 1787. Here follows the signatures. 
 
 AMENDMENTS 
 ARTICLE I 
 
 SECTION 1. RESTRICTIONS ON POWERS OF CONGRESS. 
 Congress shall make no law respecting an establishment 
 of religion, or prohibiting the free exercise thereof ; (but 
 all property belonging to religious denominations shall be 
 assessed and taxed by the authorities of the town or city 
 in which it is situated) ; 
 
 This would be fairer to the people as a whole than the 
 present system. 
 
 or abridging the freedom of speech ; (excepting utterances 
 inciting to overthrow the government) ; 
 
 We want no anarchistic attempts to overthrow our insti- 
 tutions. 
 
 or of the press ; (but all publications in a foreign language, 
 excepting textbooks for educational purposes, shall have 
 the English translation in parallel columns, 
 
 We want no chances for anti-Americanism to hide behind 
 a foreign language. 
 
 and the government shall publish, in each and every state, 
 at least one newspaper, in which no neivs that has not been 
 confirmed shall be printed), 
 
 The people have lost all confidence in their newspapers, 
 and need government publications which will neither dis- 
 tort, exaggerate, nor suppress the truth. 
 
 20 
 
SOME; MOTES IN AMERICA'S EYE 
 
 or the right of the people peaceably to assemble, and to 
 petition the government for a redress of grievances. 
 
 ARTICLE II 
 
 SECTION 2. RIGHT TO BEAR ARMS. A well-regulated 
 militia being necessary to the security of a free state, the 
 right of the people to keep and bear arms shall not be in- 
 fringed. (The government shall give to every American 
 citizen between the ages of 18 and 45, zvho may demand 
 it, not more than two years of military training, regardless 
 of his physical condition) . 
 
 Military training has proved to be a most efficient means 
 of improving the physique of our manhood, and men so 
 trained would be quickly fit for service in time of need. 
 
 ARTICLE III 
 
 SECTION 1. BILLETING of 4 SOLDIERS. Unchanged. 
 
 ARTICLE IV 
 
 SECTION 1. SEIZURES, SEARCHES AND WARRANTS. 
 Unchanged. 
 
 ARTICLE V 
 
 SECTION 1. CRIMINAL PROCEEDINGS AND CONDEMNA- 
 TION OF PROPERTY. Unchanged. 
 
 ARTICLE VI 
 
 SECTION 1. MODE OF TRIAL IN CRIMINAL PROCEED- 
 INGS. Unchanged. 
 
 ARTICLE VII 
 
 SECTION 1. TRIAL BY JURY. Unchanged, except that 
 (in case of a re-trial, the vote of ten jurymen shall be 
 sufficient to convict.) 
 
 ARTICLE VIII 
 
 SECTION 1. 1. BAILS, FINES, PUNISHMENTS, ET 
 CETERA. Excessive bail shall not be required, nor exces- 
 sive fines imposed, nor cruel and unusual punishments in- 
 flicted. (Punishments shall fit the nature of the crime, 
 and all judges shall spend at least twenty-four hours in a 
 
 21 
 
SOME MOTES IN AMERICA'S EYE 
 
 cell in every prison to which they are accustomed to sen- 
 tence offenders.) 
 
 If a boy daubs paint on a building, it is better to make 
 him scrub it off, than to have him or his parents pay a 
 fine. Judges need to realize what it means when they 
 sentence offenders to a long term of imprisonment. 
 
 2. (No case shall be allowed more than one appeal to a 
 higher court.) 
 
 A poor man cannot afford to carry a case through a 
 number of appeals. 
 
 3. (No offender shall be put on probation more than 
 once.) 
 
 By the second or third time, it fails to be any deterrent. 
 4. (Judges and juries shall decide each case by its indi- 
 vidual equity, without regard to precedent or technicality. 
 Judges shall be subject to recall by the authority that 
 elected or appointed them. The discovery of perjury, or 
 of evidence favorable to a convicted defendant, shall en- 
 title him to a retrial.) 
 
 No official should be allowed to feel that his tenure of 
 office is so secure that he can do any injustice. 
 
 5. (No judge shall set aside a verdict made or ap- 
 proved by another judge, or refuse to admit evidence 
 which is relevant to the case.) 
 
 To put the responsibility on the judge who first tries the 
 case, and to prevent wealthy people or corporations from 
 getting judges to set aside the fines imposed upon them 
 by more righteous judges. Why the great fear of offend- 
 ing the rich by the courts of this country? We have 
 come to feel that there is one sort of verdict for the rich, 
 and an entirely different sort for the poor. Result, an 
 arrogance of wealth as bad as European arrogance of 
 birth. 
 
 6. (No capital punishment shall be inflicted in the 
 United States, except on confession of guilt.) 
 
 Circumstantial evidence and perjury have claimed too 
 many innocent victims. 
 
 ARTICLE IX 
 
 SECTION 1. CERTAIN RIGHTS NOT DENIED TO THE 
 PEOPLE. Unchanged. 
 22 
 
SOME MOTES IN AMERICA'S EYE 
 
 ARTICLE X 
 
 SECTION 1. STATE RIGHTS. Unchanged. 
 
 ARTICLE XI 
 
 SECTION 1. JUDICIAL POWERS. Unchanged. 
 
 ARTICLE XII 
 
 SECTION 1. ELECTION OF PRESIDENT AND VICE PRESI- 
 DENT. Omit entirely. 
 
 ARTICLE XIII 
 
 SECTION 1. SLAVERY. Unchanged. 
 
 ARTICLE XIV 
 
 CITIZENSHIP, REPRESENTATION, AND PAYMENT OF PUB- 
 LIC DEBT. 
 
 Unchanged except to omit the words "electors for" in 
 Section 2, and "elector of" in Section 3. 
 
 ARTICLE XV 
 
 SECTIONS 1 AND 2. ELECTIVE FRANCHISE. Unchanged. 
 
 ARTICLE XVI 
 
 INCOME TAX. CONGRESS GIVEN POWER TO LAY AND 
 COLLECT. The Congress shall have power to lay and col- 
 lect taxes on incomes (and inheritances, profits, unearned 
 increments, and land values), from whatever source de- 
 rived, without apportionment among the several states, 
 and without regard to any census or enumeration. (Tax 
 dodging, -failure of assessors to assess equitable value, and 
 of district attorneys and attorney generals to prosecute, 
 shall be offenses against the United States, and be tried in 
 the United States courts, which shall be provided with a 
 sufficient number of judges to insure reasonably speed\ 
 trial) 
 
 These evils speak for themselves, and can be removed 
 by a determined people. One of the daughters of Mc- 
 Cormick, the inventor of the grain reaper, is said to 
 have been the only millionaire who was strictly honest 
 in acknowledging all her property that was taxable. 
 How different the tax rates would be if all wealthy peo- 
 ple were like her ! Assessing land at $14 an acre, which 
 cannot be bought for less than $300 an acre, as is done 
 
 23 
 
SOME MOTES IN AMERICA'S EYE 
 
 with vast holdings in California, is hardly equitable 
 assessment, and keeps hosts of people living in city tene- 
 ments, who would be glad to live on their own land. 
 
 ARTICLE XVII 
 
 PROHIBITION OF THE MANUFACTURE AND SALE OF IN- 
 TOXICATING LIQUORS. As put into effect in 1919. 
 
 ARTICLE XVIII 
 
 DEBARMENT OF LAWYERS. (Every lawyer who defends 
 a client whom he knows to be guilty, or assists a client in 
 evading the lazu, shall be debarred for at least six months 
 for each offense.) 
 
 Lawyers should, like Lincoln, advise such clients to plead 
 guilty, and take their medicine, rather than defend them 
 in a case which should never be tried, at the expense of 
 an outraged public. 
 
 ARTICLE XIX 
 
 NATIONAL EDUCATION. ( The United States shall take 
 entire charge of the education of its people, both youths 
 and adults, establish educational standards, examine and 
 certify teachers, fix their salaries and tenure of office, 
 making both attractive to first-class talent, and provide 
 equal quality of supplies, books, and school buildings 
 throughout the country.) 
 
 This will be the only way to give the children, also the 
 night school adults, who live in less well-to-do communi- 
 ties, an equality in educational opportunity with those 
 who live in richer ones. 
 
 (No parochial or private school shall be allowed to keep 
 children in the grammar or high school grades. These 
 grades must be attended in the public schools. Every 
 child shall be required to pass through the high school, re- 
 ceiving a diploma worded so as to show his ability, and 
 if the family circumstances make this financially impos- 
 sible, the public funds shall be loaned to make up the de- 
 ficiency.) 
 
 Any person's religious bias can be given by his church 
 during the primary grades' ages. Continual private school- 
 ing tends towards snobbishness, and class feeling. The 
 24 
 
SOME: MOTES IN AMERICA'S EYE 
 
 public school is the great proving ground of American- 
 ism, and every child should be given the same oppor- 
 tunity in it. 
 
 ARTICLE XX 
 
 BUSINESS LICENSES. (Every person, firm, or corpora- 
 tion doing business in this country shall pay annually a 
 United States license, to be established by law.) 
 
 This will provide a means of checking exorbitant prices, 
 on the one hand, and inferior service, or quality, on the 
 other. The country is full of "robber barons," in both 
 wholesale and retail lines, and get-rich-quick schemes. 
 
 ARTICLE XXI 
 
 The United States shall provide for its ambassadors, 
 ministers and consuls in foreign countries, residences, 
 salaries, and expense money equal to those provided by 
 the other first-class powers. 
 
 So that these positions can be accepted by able men 
 
 who may not happen to be rich. 
 
 ARTICLE XXII 
 
 NATIONAL ADMINISTRATION OF PUBLIC UTILITIES. 
 (The United States shall take under its control and ad- 
 minister for the public benefit only those public utilities, 
 such as water power, irrigation dams, oil lands, mines, ex- 
 press routes, telegraph, telephone and cable lines, aero- 
 plane routes, railroads, shipping, grain elevators, and 
 stockyards, whose officials have not given their employes, 
 the public, and the government, a fair deal.) 
 
 The "public-be-damned" policy of some American million- 
 aires makes this desirable. Others should continue in 
 power and in public esteem. 
 
 ARTICLE XXIII 
 
 COMPULSORY VOTING AND OFFICE HOLDING. (Con- 
 gress shall establish by laiv a graded system of fines for 
 persons qualified to vote who fail to register and vote, 
 also a means of voting for enforced absentees. Also a 
 graded system of imprisonment for elected officials who 
 refuse to serve.) 
 
 25 
 
SOME; MOTES IN AMERICA'S EYE 
 
 Non-voters are unworthy of a place in an American com- 
 munity. The standard of politics can be raised by com- 
 pelling those best qualified to serve us in public office to 
 do so, as did the Pilgrim Fathers. Let the office seek 
 the best possible man, not the man the office 
 
 Of course we know that radical changes like these 
 cannot be brought about at all quickly. Although they 
 are in the minds of thousands of Americans, some favor- 
 ing these items, others, those, determined opposition may 
 be expected from the hidebound conservatives, especially 
 those whose financial profit would be affected. They 
 hope to continue their old game of fooling the people, 
 through their management of the old political parties, 
 while they work things so as to add to their unwieldy 
 fortunes, whereas the demand of the age is for better con- 
 ditions in the places of labor, a higher standard of living 
 in the homes of the toilers, a less absurdly unequal dis- 
 tribution of wealth, and a political party that cannot be 
 fooled. 
 
 We must look higher than what we have meant bv 
 FREEDOM, or by LIBERTY, FRATERNITY, AND 
 EQUALITY, and demand MUTUAL CONCESSION, 
 or ALTRUISTIC CO-OPERATION, or in simple 
 words, A FAIR DEAL TO ALL. Selfish firms and 
 corporations must be made to follow the example of 
 those unselfish ones, which, by profit sharing, providing 
 good wages, and good labor- and home-conditions, have 
 made capital and labor a harmonious co-operation. A 
 fair deal for everybody must take the place of greed, if 
 America is really to PROMOTE THE GENERAL 
 WELFARE. A determined people has the power to 
 bring this about, and does not need to use bullets, but 
 ballots. 
 
 26 
 
UNIVERSITY OF CALIFORNIA LIBRARY 
 BERKELEY 
 
 Return to desk from which borrowed. 
 This book is DUE on the last date stamped below. 
 
 w 
 
 NOV 26 1947 
 LIBRARY 
 
 LD 21-100m-9,'47(A5702sl6)476 
 
Gaylord Bros. 
 
 Makers 
 Syracuse. N. Y. 
 
 PAT. JAN. 21, 1908 
 
 
 
 1 O 
 
 
 UNIVERSITY OF CALIFORNIA LIBRARY