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ant. The yearly mortality per 1,000 was: In 1851-60, 27.8; 1861-70, 28.4; 1871-80, 28.8; 1881-90, 26.5; 1891-1900, 23.5. Still better is this sudden decrease shown by the comparison of the figures giving the average mortality in town and village during the interval from 1867 to 1894. Down to the eighties the mortality in villages was quite 2 per cent. lower than in towns; from about the middle of that decade this difference begins to diminish rather quickly, and 1890 it turns in the opposite direction, till the average mortality of towns falls below that of villages. Without overlooking the many other influences combining to produce this effect, we are yet fully inclined to see even in this to a great extent the action of compulsory insurance.1

By improving general social and economical conditions it has naturally had its influence also upon the decrease of crime. The following table, giving the number of sentences passed in the respective years for theft per 10,000 of population above twelve years of age, will give a fit illustration of what has been said:

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In view of the many very tangible results that have been. obtained in Germany by means of compulsory insurance of workmen, there is nothing surprising in the circumstance that especially German writers on the subject do not stint their praises for the whole legislation in toto, lapsing at every attempt at a critical valuation of its measures into rather full-voiced panegyrics. This very pardonable-tendency is strongly inherent even in comparative sketches, which take from it a rather strong colour.2 Official publications are great sinners in this respect, though

'It may also be noted that the percentage of suicide in Germany is almost constant, while it continues increasing in other countries.

'Cf. Zacher, Die Arbeiter Versicherung im Auslande, 1898-1900. Boediker, Die Arbeiterversicherung in den Europäischen Staaten, 1895.

'Cf. the pamphlet written for the Paris Exhibition, 1900.

the tendency shows itself generally merely in a partial depression of the critical faculties, which by no means interferes with the exactness of the material supplied. We find but few voices raised in protest against this exuberance of general satisfaction. "They who point out the insufficiences and inefficiences we are guilty of, who are not averse to noticing superiority, though it be of a foreign pattern, show certainly more public spirit than those who fold their hands with a self-satisfied conviction, that now at last Germany is heading the progress of social reform. It has always been the wiser course to take the

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good where you find it, than to rest on laurels."1

"There could be nothing worse for us than if now we found full satisfaction in self-pleased pride, in contemplative idleness ruminating over our work so excellently well done.”2

Van der Borght, in spite of the exaggerations he has committed himself to in his book, is also led to the remark: "Of course, we have no right to rest, jubilating at what we have attained. In the very structure of workmen's insurance there is much yet to be repaired and completed."

There are certainly many gaps and omissions left in legislation. Yet to us this seems not to be all that can be said in criticising it; there are some points of no mean importance, which should be drawn into question more seriously than has been done, a task we intend to take up at some other time,3 not wishing to overstep the limits set for this sketch.

NORBERT PINKUS.

Göttingen.

1 E. Fr. in Soziale Praxis, 1900, 34.

2 Frankenberg in Braun's Archiv für soziale Gesetzgebung und Statistik, vol. xii, p. 72.

8

It is planned to print in the May number of the YALE REVIEW the continua

tion of this article, as well as a study of the effects of German compulsory insurance from a somewhat different point of view.

ant. The yearly mortality per 1,000 was: In 1851-60, 27.8; 1861-70, 28.4; 1871-80, 28.8; 1881-90, 26.5; 1891-1900, 23.5. Still better is this sudden decrease shown by the comparison of the figures giving the average mortality in town and village during the interval from 1867 to 1894. Down to the eighties the mortality in villages was quite 2 per cent. lower than in towns; from about the middle of that decade this difference begins to diminish rather quickly, and 1890 it turns in the opposite direction, till the average mortality of towns falls below that of villages. Without overlooking the many other influences combining to produce this effect, we are yet fully inclined to see even in this to a great extent the action of compulsory insurance.1

By improving general social and economical conditions it has naturally had its influence also upon the decrease of crime. The following table, giving the number of sentences passed in the respective years for theft per 10,000 of population above twelve years of age, will give a fit illustration of what has been said:

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In view of the many very tangible results that have been obtained in Germany by means of compulsory insurance of workmen, there is nothing surprising in the circumstance that especially German writers on the subject do not stint their praises for the whole legislation in toto, lapsing at every attempt at a critical valuation of its measures into rather full-voiced panegyrics. This very pardonable-tendency is strongly inherent even in comparative sketches, which take from it a rather strong colour.2 Official publications are great sinners in this respect, though

'It may also be noted that the percentage of suicide in Germany is almost constant, while it continues increasing in other countries.

'Cf. Zacher, Die Arbeiter Versicherung im Auslande, 1898-1900. Boediker, Die Arbeiterversicherung in den Europäischen Staaten, 1895.

'Cf. the pamphlet written for the Paris Exhibition, 1900.

20. T. BÖDIKER. Die Arbeiterversicherung in den europäischen Staaten.

Berlin, 1895.

21. DR. ZACHER. Die Arbeiterversicherung im Auslande. 1898, etc.

22.

Leitfaden zur Arbeiter-Versicherung des Deutschen

Reichs. Im amtlichen Auftrage verfasst. 1903.

23. Amtliche Nachrichten des Reichs-Versicherungsamts; Jahrgänge 18851903, nebst Beihefte. Berlin.

24. Neue Folge der Statistik des Deutschen Reichs.

25. Vierteljahrshefte zur Statistik des Deutschen Reichs.

26. Statistische Jahrbücher für das Deutsche Reich (bis 1902).

27. Drucksachen des Reichstages. (The accounts of the professional associations are printed in these.)

28. Statistik der Heilbehandlung bei den Versicherungsanstalten und zugelassenen Kasseneinrichtungen der Invalidenversicherung für die Jahre 1897, 1898, 1899, 1900, 1901. Bearbeitet im Reichs-Versicherungsamt. Berlin, 1902.

29. DR. G. A. KLEIN. Die Leistungen der Arbeiterversicherung des Deutschen Reichs. Berlin, 1900.

30. O. BIELEFELDT. Die Heilbehandlung der gegen Unfall und Invalidität • versicherten Arbeiter in Deutschland. Berlin, 1900.

RECENT STATE CONSTITUTION-MAKING.

CONSTITUTIONS which determine the form a government

shall take are always the result of slow growth. It does not matter whether they are written or consist only of unwritten precedent. In every case they must needs represent the funda-, mental notions of the people in regard to the proper safeguards necessary to secure them in the enjoyment of their liberties. What these safeguards are can only be determined by the slow changes of time and the processes of evolution. These fundamental notions are constantly changing in order to keep pace with the shifting conditions of opportunity for human endeavor. The growth of opportunities in modern times have made it necessary to embody in the constitutions many things which were not considered by the constitution-makers of one hundred years ago. Intricate and complex have become the industrial relations of our time, and so great the consequent pressure upon the weaknesses of our legislators that it has become necessary to modify greatly the older constitutions in order to cope successfully with this new form of danger to the liberties of a people. Hence the growth of modern constitutions. There is no evidence that this growth will be arrested. On the contrary, it will probably increase for a considerable time to come. It is highly probable that we are now only in the beginning of the new industrial era, and if this is the case, it is clear that with new industrial opportunities it will be necessary to further define the limits of individual rights. It is unlikely that this will be left to the courts alone. On the contrary, it will probably be settled by putting into the constitution something to mark the limits of the individual's sphere of action.

Aside from the variations in their interpretation by the courts, the constitutions of the American States can grow in but two ways. They may be changed by amendment, or an entirely new constitution may be formed by a constitutional convention. Of these the most common method is that of amendment. The

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