be provided for in any plan of dealing with the subject of prostitution. The methods heretofore employed in New York City, and all systems of license, whether legal or by the use of the fining system, are absolutely demoralizing to the men who enforce them.

Much more severe punishment should be inflicted than is now possible upon the men and women who live upon the earnings of prostitutes, men and women who simply for greed of gain drive the wretched victims to a life which many of them loathe, and which brings them only misery and death.

The whole difficult problem of prostitution involves education in many different aspects, and a large number of invaluable suggestions, both as to the causes and the remedies for prostitution, are to be found in an address on "Rescue Work in Relation to Prostitution and Disease," given at a conference of rescue workers, held London, in June, 1881, by Dr. Elizabeth Blackwell, and republished by her in a collection of "Essays in Medical Sociology" in 1899. From this address the following are extracts:

Let me now lay bare to you the root of the whole evil system, because, as a physician acquainted with the physiological and pathological laws of the human frame, and as one who has lived through a generation of medical practice amongst all classes of the community, I can speak to you with a positive and practical knowledge rarely possessed by women. The central point of all this monstrous evil is an audacious insult to the nature of men, a slander upon their human constitution. It is the assertion that men are not capable of self-control, that they are so inevitably dominated by overwhelming physical instincts that they can neither resist nor control the animal nature, and that they would destroy their mental or physical health by the practice of self-control. *

* *

Now I say deliberately, speaking as a Christian woman, that such a statement and such a belief is blasphemy. It is blasphemy on our Creator, who has brought our human nature into being, and it is the most deadly insult that has ever been offered to men. Do not accept this falsehood. I state to you as a physician, that there is no fact in physiology more clearly known than the constantly increasing power which the mind can exercise over the body, either for good or evil. *

If you let corrupt servants injure your little children, if you allow your boys and youths to practice self-abuse and fornication at school and college, if you establish one law of divorce for a man and another for a woman, if you refuse to protect the chastity of minors, if you establish brothels, prostitutes, and procurers, you are using the power of the mind over the body for evil. You are, indeed, educating the sexual faculty, but educating it in evil. Our youth thus grow up under the powerful influence of direct education of the sexual instincts in vice; but so far, even in our so-called Christian civilization, we are ashamed to attempt direct education of those faculties for good.

I have made the above remarks as bearing directly on the subject of disease, as well as to call your attention to the proper place which "rescue work" must oc

cupy in humanitarian work. As prostitution is the direct result of unbridled licentiousness, you may as well attempt to "mop up the ocean" as attempt to check prostitution, unless at the same time the root of the evil, viz., licentiousness, is being attacked. Let it be distinctly understood, however, that I would encourage, not discourage, rescue work. I honor the self-denial and beneficence even of those who cannot see the source of the evil they are trying to mitigate; but I would much more strongly encourage those who, being engaged in this work, do at the same time clearly recognize that the warfare against licentiousness is the more fundamental work; and who, whilst themselves engaged in rescue work, bid God-speed and give substantial encouragement to all others who are directly engaged in the great struggle against every form of licentiousness—against every custom, institution, or law that promotes sexual vice. Such earnest rescue workers are not simply mopping up the ocean, they are also helping by their encouragement of other fundamental work to build up a strong dyke, which will resist the ravages of destructive evil forces. Thus, any efforts that can be made to teach personal modesty to the little boys and girls in our board schools all over the country form a powerful influence to prevent prostitution. Attention to sexual morality in educational establishments everywhere, in public and private schools and colleges, amongst young men and young women, is of fundamental importance. Also efforts to secure decency in the streets, in literature, in public amusements, form another series of efforts which make a direct attack upon licentiousness, and cut away another cause of prostitution. Again, the abolition of unjust laws and the establishment of moral legislation form another series of effort, and a vital attack upon the roots of prostitution. Always remember that the laws of a country possess a really terrible responsibility through the way in which they influence the rising generation. Inequality between the sexes in the law of divorce, tolerance of seduction of minors, the attempt to check sexual disease by the inspection of vicious women, whilst equally vicious men are untouched, all these striking examples of the unjust and immoral attitude of legislation will serve to show how law may become a powerful agent in producing prostitution through its direct attitude towards licentiousness. * * *

These diseases are called the diseases of vice, because they spring directly from the promiscuous intercourse of men and women. Syphilis never arises from the single union of a healthy man and woman. We do not know the exact conditions under which promiscuity produces these diseases. Dirt and excess of all kinds favor their production; but we also know that, however apparently healthy the individuals may be who give themselves up to indiscriminate debauch, yet these diseases will speedily arise amongst them. Now, I wish to point out with emphasis (to you who are engaged with the criminal classes) this chief originating cause of disease, viz. promiscuity. * *

Ask yourself whether any particular legislative act tends to check licentiousness in both men and women; if not, it is either useless or injurious to the nation because it does not check that source of constantly increasing danger, viz.: promiscuity. The effect of brothels and contagious diseases acts, of establishments and laws which do not tend to check promiscuous intercourse, is to facilitate, not stop, such vice, and cannot eradicate the diseases of vice which spring from such intercourse. The futility of any system which leaves the causes of disease unchecked, and only tries to palliate its effects, is evident. The futility of such a false method would remain, even if it compelled the inspection of vicious men as well as women. But when a system attempts only to establish an examination of women, leaving men uninspected, and allowing free scope to the licentiousness of all, it becomes a direct encourage

ment to vice. It tends to facilitate that brutal custom of promiscuous intercourse without affection and without responsibiliies, which is the disgrace of humanity— the direct source of physical disease as well as of measureless moral evil. But I do not advocate letting disease and vice alone. well as a wrong way of dealing with venereal disease. I is needed on this subject. *

*

There is a right way as consider that legislation

A law which makes it a legal offence for an individual suffering from venereal disease to hold sexual intercourse with another person, and a ground for separation, is positively required in order to establish a true principle of legislation, a principle of just equality and responsibility which will educate the moral sense of the rising generation and protect the innocent. Any temporary inconveniences which might arise before the wisest methods of administering the law had been established by experience, would be as nothing compared with the elevating national influence of substituting a right method of dealing with the diseases of vice for the present unjust and evil method. The first direct means, therefore, for checking venereal disease is to make the spreading of this disease a legal offence.

Secondly, a necessary regulation to be established in combating the spread of this disease is its free treatment in all general dispensaries and hospitals supported by public or charitable funds. Such institutions have hitherto refused to receive persons suffering from disgraceful diseases, or have made quite insufficient provision for them. This refusal or neglect has left venereal diseases more uncared for than ordinary diseases.

* * *

Whilst thus advocating the careful framing of a law to make communication of venereal diseases by man or woman a recognized legal offence, and whilst insisting upon the claims of this form of physical suffering to free treatment in all general medical charities, I would most earnestly caution you against the dangerous sophism of attempting to treat women as prostitutes. Never do so. Never fit women for a wicked and dangerous trade, a trade which is utterly demoralizing to both men and women, and an insult to every class of women. The time is coming when Christian men and women will see clearly that this hideous traffic in female bodies, this frightful danger of promiscuous intercourse, must be stopped. *

To return, in closing, to the article under review: The author would undoubtedly explain his omission to consider the moral aspects of the relation of municipalities to vice by saying that he was looking only at the possibilities of legal control, and it is evidently his belief that statute law should follow rather than precede moral movements, or rather, that he goes even so far as to believe that law should not prohibit or punish anything which the majority approve, no matter how wrong the majority may be. There is, of course, a certain amount of reason in this position. It is true that men cannot be made virtuous by law. It is equally true, however, that men can be greatly helped by law to act virtuously. It is also true that men can be made vicious by law, and in the present connection this last truth is of immense importance, for in all movements to settle the relation of municipalities to vice the danger is not that an attempt will be made to impose too high a standard of

conduct upon the people, but that laws will be passed which accept a very low standard, laws which would be directly applicable only to a very small part of the people, but which would have a disastrous influence upon the morals of all.

It is as if one had charge of a growing child with a deformed leg which needs support. The question is what kind of a support shall be used? It would, of course, be impossible to make a frame suitable for a normal limb, but it would be cruel folly to clamp the deformed leg into a frame exactly fitted to its actual size and condition, for that would serve only to distort it still more, and would eventually end in the death of the child. Three objects must be considered in planning the frame: the support immediately needed, room for the leg to grow, and help to force it to grow straight. The support must be changed constantly, and must always have reference to the distorted condition of the limb, but it must always be constructed with a view to future improvement, and above all, the ideal of the normal, healthy limb must ever be present to the mind of the surgeon who plans the appliance.

It is exactly so in the case of human laws. They must not be too far removed from the actual state of moral development of the people, but they must always look towards improvement, and they must never be opposed to the higher law.

Law has a tremendous power of education, especially upon the young, and to condemn the race to the loss of the influence of laws nobler than the current morality would be to surrender one of the instruments that have been most potent since history began in lifting men to higher planes of thought and conduct.

No doubt morality and religion are the only "sure foundation" for noble conduct, but morality and religion embodied in law have always had a tremendous influence in moulding the character of nations.

The great law-givers of the race have never dwarfed their standards to those of the majority. Moses, Solon, Numa, Alfred and the countless others who have helped the race onward by means of noble laws, have not followed in the rear, but have led far in advance, embodying in statutes for the careless and immoral throng the highest morality they have themselves received from God.

FRANCHISE TAXATION IN ILLINOIS.

BY HIRAM В. LOOMIS.

The word franchise has a much broader meaning than people ordinarily give it. Speak to a man of franchises and he straightway thinks of the special privileges our street railway, gas, telephone and electric lighting companies have obtained from city. councils to use the public highways. In its lega! sense, however, articles of incorporation constitute a franchise. A corporation for baking bread, making shoes, or selling groceries has a franchise. in this sense of the term just as truly as a railroad or telephone company. The Illinois franchise tax is really a corporation tax; but this article will be confined to a discussion of the taxation of companies which have franchises in the popular as well as in the strictly legal sense of the term.

Legislation.

Under the laws of Illinois any body of persons, by making the proper application and paying the fixed fees, may incorporate as the railroad or gas or telephone company. They may then do business in their corporate name, may sue and be sued as a corporation; their company is a person before the law. They have now a franchise in the legal sense of the term; but they are not yet able to run street cars or to furnish gas or telephone service. Before they may do these things they must go before the legislative body of some state or municipality and get the privilege of using a narrow and continuous strip of land on which to lay their rails or pipes or string their wires.

For the taxation of such corporations the Illinois state constitution has the following special provision (Art. 9, Sec. 1):

"But the General Assembly shall have power to tax

and

persons or corporations owning or using franchises or privileges, in such manner as it shall, from time to time, direct by general law, uniform as to the class upon which it operates."