movement in Mexico. The radicalism of reformers and the peculations of politicians will inevitably give way to respect for life and property and bring about a development of just conditions. rather than a return to old abuses. The Position of Religion under the revolutionary governments has created wide interest. Outside of the small fraction of the population now in control of the government, and indeed very largely even within that group, the citizens of Mexico are preponderantly religious. The anti-clericalism of the last two régimes. has been directed against social and economic abuses which characterize the church in Mexico, rather than against religion as a dominant social force. The people of Mexico are essentially Roman Catholic, but the determination to effect the utter separation of the church from economic and political control is as strong as the language of the Constitution. This does, however, prohibit the normal functioning of the church as a spiritual guide to the people except by governmental tolerance, which is too prone to be variable from administration to administration. The inabilities to own properties, and to carry on religious work, which theoretically limit the activities not only of the Catholics, but of Protestant missions in Mexico, create another situation in which progress in social work among the middle classes is dependent upon executive clemency. It is true that generous appreciation of the work of the Protestant missions has characterized the governmental attitude during recent years, and it is likely that this attitude will be permanent, and that the influence of the mission work will increase in proportion as the service lends itself to education in hygiene, sanitation, agriculture, and elements of culture rather than in religious discipline. There is every reason for generous cooperation of all religious bodies of whatever faith in the work of improving standards of life and living among the masses. The Status of Labor is unique under the actual government. The social tradition from time immemorial has been that of sharp contrast, abysmal cleavage, between the privileged few and the submerged masses. Independence, the constant declination of the pendulum toward radicalism, toward the inauguration of untried political nostrums, toward the newest extreme in the most recent ultra-liberal theory, have as yet made little headway against this unfortunate social cleavage. But the present Constitution makes a desperate effort to correct the evil, with results that are as yet disturbing to the social organization and the economic outlook. The provisions of the fundamental law on labor are dangerous, not so much because of the ideals sought, as because of lack of discrimination in details or of wisdom in methods employed. Some of these provisions are admirable in spirit. For instance, eight hours is the maximum day's work, seven the maximum for night work. Special protection is provided for women and children laborers; rest and recuperation periods are prescribed for women in parturition. These provisions are to apply not only in factories, but in domestic work. The minimum. wage is set at the level of subsistence for a head of a family. Participation in profits is made a constitutional prerogative of labor. Where effort has been made, as in Vera Cruz, to apply this rule by state law, the results have been to discourage and exile capital. Extra-time work commands double wages. Many employers must provide comfortable, sanitary houses, pay wages in cash, establish schools, dispensaries, and markets, and places of amusement. Accidents must be forefended, and compensation made for those which occur. Liberal legalization is granted to strikes devoid of violence. Arbitration of disputes gives large balance of advantage to workingmen. In short, the Constitution attempts to legislate the laboring classes into a suitable standard of living in every conceivable respect. Unfortunately government fiat alone cannot create social conditions. Many of the provisions of the Constitution safeguarding the rights of labor cannot be enforced for years to come. But the laboring classes have undergone a general upheaval during the past years of revolution, and their aspirations, as voiced by their leaders, some of whom have high seats in the government of today, are by no means bounded by their theoretical constitutional guarantees. A social ferment has been started, fed upon real wrongs, which seeks redress in ways dangerous to the stability of society. The most dangerous element in labor circles is that which has attained the greatest development of technical skill. Unfortunately, there is little prevalent conviction that the emancipation of the masses has any other social significance than that of a mere political shibboleth, an open sesame to the public treasury on the part of its protagonists. The way toward national integrity, social, political, economic, lies not along the path of class prejudice, economic and political intolerance, but along the program of surcharging the laboring classes of Mexico with redoubled energy, renewed devotion to labor as a saving social grace, and an aroused public conscience which shall direct the great wealth of the public revenues into the coffers of the nation, to be expended in ways that shall benefit the whole people rather than privileged groups of office holders. Once public honesty, as demanded by President Obregón, becomes the characteristic of public administration, the enlightened public opinion of the continent will assent eagerly to legitimate national control of natural resources, industry, commerce, and exploitation. The path to stability is clearly pointed out. I am indebted to various Mexican and American writers, notably William H. Burgess, Rodolfo Reyes, P. H. Middleton and Demetrio Sodi, for materials used in preparation of this article. Guerrero. Dr. G. Ferrer, Provisional Gral. Luis Gutiérrez, Cnst. Int. Gral. Tiburcio Fernández Ruiz Gral. Ignacio Enríquez Gral. J. A. Castro Ingeniero Antonio Madrazo Rodolfo Neri Gral. Amado Azuara Prof. Basilio Vadillo Manuel Campos Mena Francisco J. Mujica Dr. José G. Parres. Provisional J. Santos Godinez Juan M. García Gral. Manuel García Vigil José María Sánchez, Const. Lic. José Ma. Truchuelo Gral. Angel Flores Francisco Elías, Const. Int. Lic. Tomás Garrido Const. Int. Gral. César López de Lara Rafael Apango Cor. Adalberto Tejeda Manuel Berzunza. Const. Int. Dr. Donato Moreno Celestino Gasca Epigmenes Ibarra Agustín Arnoia, Jr. Mayor, Librado Abitia FOREWORD TO THE MEXICAN CONSTITUTION OF 1917 The present Mexican Constitution was promulgated on February 5, 1917, and became effective on May 1 of the same year. The validity of the document has been called into question. Its caption recites that it "amends the constitution of 1857." Article 128 of the latter document specifically provided that "this constitution shall not lose its force and vigor, even though its operation be interrupted by rebellion." Article 127 of the same document prescribed the method by which it might be amended, namely, congressional action and ratification by a majority of the state legislatures. This procedure was not observed. Instead, a constitutional convention was summoned. Furthermore, this assembly was not representative of the Mexican people, for the call limited the right to vote for delegates to those persons that had taken part in the constitutionalist revolution. Whatever validity the instrument has, must perforce rest on the right of revolution. On the other hand, federal and state authorities continue to be elected and to function under it, and the courts to administer it as the law of the land. So long, therefore, as this condition subsists, the legality of the instrument must remain largely an academic question. Framed at a time when the most advanced theories of socialism and even communism were predominant, the constitution of 1917 bears unmistakable marks of these doctrines. These extreme views are reflected chiefly in the provisions relating to property and labor. Thus, Article 5 establishes as one of the inherent rights of man complete freedom in the exercise of all lawful activities, forbidding labor contracts of more than one year's duration and those that entail the renunciation of the politico-social status of the working man. Article 28 vests in the federal government control of all telegraphic and radio-telegraphic services, and places the right to issue bank bills in a single institution under federal control. The same article forbids "the cornering of necessaries for the purpose of bringing about a rise in prices,' and, in general, any combination or agreement in restraint of trade, labor associations being exempted from this limitation. One whole title (Article 123) is devoted to a minute regulation of labor not usually found in constitutions. It provides for a maximum of eight hours of work; establishes boards of conciliation and arbitration; recognizes the right to strike; contemplates social insurance, old age pensions, etc. In a word, it seeks to regulate all those intricate relations between employer and employee which the complexity of modern industrialism makes so difficult to adjust satisfactorily. But it is Article 27 which, like Article 10 of the League of Nations, may be said to be the "heart" of the document. Here the basic principles of the right of property as they have been recognized from time immemorial by all civilized nations of the world are subverted. Instead, the Article proclaims the principle of the socialization of property and so subjects it to any limitations which the law may see fit to impose. Accordingly, it empowers state legislatures to fix the maximum area of land which any individual may own, and compels the owner to dispose of this excess and to receive, in payment therefor, special bonds guaranteed by the state government, which represent no real value. The instrument establishes the triple division of government into the legislative, executive and judicial branches which the United States federal constitution first sanctioned. The main precepts of each will be briefly considered. Contrary to the usual history of constitutional conventions, the powers of the legislative branch are here substantially curtailed. The reason for this is probably to be found in the desire to remedy an admitted defect of the 1857 constitution which placed, the executive virtually at the mercy of congress by authorizing his impeachment by a mere majority. The determination of First Chief Carranza to subordinate the legislature wholly to his will was no doubt also a factor. Thus, the regular sessions of congress are limited to a single term, opening on September 1st and closing on December 31st. Again, neither Congress nor the Standing Committee-a body of fifteen representatives and fourteen senators who act during the recesses of Congress-may issue a call for extraordinary sessions; and even if called by the executive they may consider only the subjects enumerated by the executive in the call. This weakness has already been recognized, and an amendment to permit Congress or the Standing Committee to issue a call for extraordinary sessions is under discussion. Similarly, the extension of the number of regular sessions to two, as provided in the former constitution, seems only a matter of time. On the other hand, in Congress has now been reposed the power to select a substitute or an ad-interim President, in the event of the death or disability of the President; as also to designate the justices of the Supreme Court. As the attributes of the legislative power have been restricted, so those of the executive branch have been enlarged. The President is virtually non-impeachable, since he may be tried only for high treason and grave offenses of the common order. Accordingly, he may be guilty, with impunity, of any political offense, such as express violation of the constitution and particularly the exercise of undue pressure in state and federal elections. Again, the power he may wield in the event of the suppression by Congress of individual guarantees-a process analogous to the suspension of habeas corpus-is absolute, for the guarantee of life is not excluded from those which may be sus |