LEGISLATION OF 1921

Since the last edition of this Compilation was published the legislature has convened twice, in special session during the fall of 1919 and in regular session during the winter of 1921. The legislation of the special session which is of particular interest here is that which relates to state licensing and supervision of so-called maternity hospitals and infant homes and the law governing the matter of custody of children, placing them in family homes and the bringing of children into the state, or taking them out, for placement in family homes. All of the subjects just mentioned were included in a single law passed in 1917. The Supreme Court declared that law invalid, as being unconstitutional. The subject matter of the old law was then divided and three laws were passed, in order to meet the legal objections raised by the Supreme Court. These laws are known as Chapters 50, 51, 52, Special Session Laws of 1919.

In the legislative session of 1921 several laws of interest to those working in the children's field, were enacted. This in spite of the fact that 1921 is regarded everywhere as a "bad legislative year," because of the general depression, followed by reactionary tendencies and a disposition to give consideration only to those matters which seemed of paramount importance in the emergency which confronted the legislature. 1921 also marks the advent of women to full political partnership, this fact, together with the special interest which women have taken in social legislation, has brought a powerful force to the aid of laws designed to conserve human values.

Chapter 318, Laws of 1921, regulates the "street trades." This law is substantially the same as that originally proposed by the Child Welfare Commission of 1917 and its passage is a further rounding out of that program. The statute prohibits girls under 18 and boys under 12 from engaging in street trades, boys between 12 and 16 may do so under certain limitations and the superintendent of the public schools is charged with enforcing the law, which applies to cities of the first, second and third classes.

The mothers of dependent children may now receive, under the provisions of Chapter 435, Laws 1921, a maximum of $20.00 a month for the first child and $15.00 for the other children. This is an increase in the maximum, of $5.00 per child. The inadequacy of the allowances under the old law has been generally known and while the new law does

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not provide a sufficient amount to accomplish fully its purposes (a maximum of $50.00 a month for a mother with three children, for example), it indicates progress in the right direction.

The legislature has recognized the importance of the services being rendered by county child welfare boards and the need for giving members of these boards opportunity for conference with the state department and with each other, by providing that one member of each board may attend the State Conference of Social Work at the expense of the county. (Chapter 403, Laws 1921).

Needy families, whose children are required by law to attend. school, may receive financial assistance from the county poor fund upon report and recommendation from the school board or the board of education to the board of county commissioners. (Chapter 429, Laws 1921).

The law governing the establishment of paternity of children born out of wedlock and fixing the responsibility of the fathers of such children has been made more definite and the remedy more certain by Chapter 489, Laws of 1921.

Chapter 488, Laws of 1921, makes the enforcement of the compulsory education law less cumbersome by providing that complaints of violation may be made directly to the county attorney, without a previous request from him that such a complaint be filed.

The Board of Health is authorized, by Chapter 392, Laws of 1921, to organize the work of providing instruction in connection with maternity and infancy care in such a way as to make Minnesota eligible for aid from the Federal Government should the Sheppard-Towner bill on that subject become a law.

The University Hospital will hereafter be known as the Minnesota General Hospital, under the provisions of Chapter 411, Laws of 1911, and patients may be admitted from all parts of the state upon proper application and a certificate from the probate judge of the county where the applicant resides as to the financial inability of the patient to provide for himself. This law will afford a means of giving a large number of children, as well as adults, who have heretofore suffered from lack of care, proper medical attention at the expense of the state and county.

To the number of special classes which local school districts may organize for teaching the blind, the deaf, defective of speech and the mentally subnormal, has been added, by Chapter 141, Laws 1921, special classes suited to the needs of the crippled and deformed.

The newly created State Industrial Commission has taken over the Department of Labor and Industries which includes the Bureau of Women and Children, (Chapter 81, Laws 1921) and the Minimum Wage Commission is likewise placed under the jurisdiction of the Industrial Commission by Chapter 84, Laws of 1921.

Habitual offenders, upon a third conviction within five years, for crimes involving immoral conduct and certain offenses against women and children may be sentenced to the State Reformatories or the State Prison for a term not to exceed three years. (Chapter 455, Laws of 1921).

Certain minor changes in existing laws were effected as follows: Chapter 24 increases, in certain cases, the amounts which may be expended by the counties for field agents for the employment of the Blind. The vital statistics law is amended in minor ways by Chapter 273. Matters relating to the expenses of county health nurses are covered by Chapter 138 and by the provisions of Chapter 76 the counties are required to pay the expense of taking patients to the School for the FeebleMinded. Chapter 478 empowers the supervisors of each town to license and control billiard and pool halls, bowling alleys and public dancing places.

In the present edition of the Compilation I have eliminated all the laws now on the statute books which relate to the sale of liquor, except non-alcoholic beverages. In view of the widespread interest in the marriage laws and the general recognition of the need for enforcing those laws to prevent the propagation of the unfit, I have thought it desirable to include the general statutes on that subject.

July 14th, 1921.

WILLIAM HODSON.

LEGISLATION OF 1919

The legislative session of 1919 has made but few changes in the laws relating to children by way of amendment or repeal. The county allowance law, which is Chapter 223 of the Laws of 1917 has been amended by Chapter 328 Laws of 1919, in such a way as to require notice to the county attorney of all petitions for county allowance, in countics having rot more than 33,000 population. It is made the duty of the county attorney to investigate and report to the court. Another unimportant change in this law was made by Chapter 333, Laws of 1919.

Chapter 77, Laws of 1919, amends Chapter 344, Laws of 1917, which relates to the commitment of defectives, by providing that on petition for re-hearing after commitment, the patient shall be returned from the institution at the expense of the petitioners, upon order of the court. The re-hearing is held by the court which made the original commitment.

Certain statutes governing the sale and use of cigarettes are repealed by Chapter 348, Laws of 1919; the repealed sections are 3201, 3203, 3204 of the General Statutes of 1913 and Chapter 245, Laws of 1917. The changes are by way of clarification and unity. Though not expressly repealed, sections 8674, 8675, 8676 of the General Statutes of 1913 seem to be rendered obsolete.

The old law governing the crime of fornication has been fundamentally altered so as to make a single act of sexual intercourse a crime. Chapter 193, Laws of 1919, so amends Section 8703 of the General Statutes of 1913.

Chapter 403, Laws of 1919, amends Section 1143 of the General Statutes of 1913. It is now provided that a circus or theatrical performance must be licensed as billard and pool halls and bowling alleys are now licensed and the penalty for violation is increased.

The teaching of common branches in the English language is required by Chapter 320, Laws of 1919, which amends Section 2979 of the General Statutes of 1913 and it is further provided that a foreign language may be taught but not to exceed one hour per day. It is worth noting here that Sections 2976, 2977, 2978, of the General Statutes of 1913, while not expressly repealed by Section 2979, as amended, are in effect so repealed and are therefore left out of this compilation.

The annual charge at the school for the deaf is increased from forty to sixty dollars by Chapter 69, Laws of 1919, which amends Chapter 346, Laws of 1917.

Chapter 194, of the Laws of 1915, relating to special classes for defective children has been twice amended. Chapter 218, Laws of 1919, increases the special aid for the deaf in public schools to one hundred fifty dollars and makes the age limits for admission from four to sixteen. While Chapter 129 increases the special aid for the blind to two hundred dollars and makes the age limit sixteen years.

Chapter 128, Laws of 1919, amends Section 3071, General Statutes of 1913, by providing that a settlement in this state shall be terminated by the acquisition of a new one in another state or by voluntary and uninterrupted absence from this state for one year, with intention to abandon residence.

Of the new legislation, four laws are of great importance. Chapter 334, Laws of 1919, creates a State Board of Education of five members appointed by the Governor. This board appoints a state superintendent of education and exercises all the executive power formerly vested in that officer. The State High School Board and the State Library Commission are merged in the new board.

Chapter 38, Laws of 1919, gives counties the right to employ and compensate a county nurse. This is an exceedingly important provision in the light of the fact that no such authority existed under the old law. This nurse may be placed under the direction of the county superintendent of schools, the county health officer or the county child welfare board.

In view of coming nation-wide prohibition, the legislature has invested the village and town boards with power to license the sale of non-intoxicating beverages. Chapter 432, Laws of 1919, accomplishes that purpose.

The beginning of a new state policy with reference to the care of the feebleminded and epileptic is foreshadowed by Chapter 407, Laws of 1919, which authorizes the State Board of Control to select certain unimproved state land upon which to erect simple cottages for the care of such defectives. An appropriation of one hundred fifty thousand dollars is elsewhere provided for the purpose.

By a recent ruling of the Supreme Court, Chapter 212, of the laws of 1917, which gave the Board of Control supervisory powers over maternity hospitals and child caring institutions, has been declared unconstitutional on the technical ground that the act contained more than one subject matter.

May 19th, 1919.

WILLIAM HODSON.