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76 Eric H. Monkkonen, The Dangerous Class: Crime and Poverty in Columbus, Ohio, 1860-1885 (1975), p. 73. The term “dangerous classes” was coined by Charles Loring Brace in his book The Dangerous Classes of New York, published in 1872.
77 David J. Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic (1971), pp. 161-62.
78 There are many vivid descriptions of hobo life; see, for example, Josiah Flynt, Tramping with Tramps: Studies and Sketches of Vagabond Life (1899); Jack London, The Road (1907).
79 Christopher Tiedeman, The Limitations of Police Power (1886), pp. 116-17.
80 Charles Sutton, The New York Tombs: Its Secrets and Its Mysteries (1874), pp. 81-82.
81 Eric H. Monkkonen, “A Disorderly People? Urban Order in the Nineteenth and Twentieth Centuries,” Journal of American History 68:539, 546 (981).
82 Francis S. Philbrick, ed., The Laws of Indiana Territory, 1801-1809 (1930), pp. 566-68.
83 Laws Cal. 1855, chap. 62 (act of April 30, 1855). The act also applied to “lewd and dissolute persons who live in and about houses of ill fame,” as well as “common prostitutes and common drunkards.”
84 David R. Johnson, Policing the Urban Underworld: The Impact of Crime on the Development of the American Police, 1860-1887 (1979), p. 131.
85 John C. Schneider, Detroit and the Problem of Order, 1830-1880 (1980), p. 110.
86 Sidney L. Harring, Policing a Class Society: The Experience of American Cities, 1865-1915 (1983), pp. 119-20.
87 Helen Campbell, Thomas W. Knox, and Thomas Bymes, Darkness and Daylight; or Lights and Shadows of New York Life (1896), pp. 512-13.
88 On the background of this case, and for excerpts from it, see Stephen B. Presser and Jamil S. Zainaldin, Law and Jurisprudence in American History, Cases and Materials (2d ed., 1989), pp. 600-619.
89 Commonwealth v. Hunt, 45 Mass. (4 Metc.) 111 (1842).
A conspiracy, according to Shaw, meant getting together with others either to do something illegal, or to use “criminal or unlawful means” to do something not illegal in itself (ibid., at 123). It followed, for Shaw, that a labor association was not a criminal conspiracy unless it used unlawful means; merely adopting “measures that may have a tendency to impoverish another” was not criminal or unlawful.
90 Laws Ill. 1893, p. 98.
91 For example, Laws Minn. 1895, chap. 174.
92 William E. Forbath, Law and the Shaping of the American Labor Movement (1991), p. 61.
93 Felix Frankfurther and Nathan Greene, The Labor Injunction (1930), p. 21.
94 In re Debs, 158 U.S. 564 (1895).
CHAPTER 5. SETTING THE PRICE: CRIMINAL JUSTICE AND THE ECONOMY
1 William Francis Kuntz II, Criminal Sentencing in Three Nineteenth-Century Cities (1988), pp. 114, 129, 155. In New York, robbery (not as common a charge in Boston or Philadelphia) accounted for another 28 percent of the cases in 1830.
2 The definition is drawn from Stats. N.H. 1815, p. 317, but is quite typical.
3 State v. Henry, 31 N.C. (9 Ired.) 463 (1849).
4 State v. Willis, 52 N.C. (7 Jones) 190 (1859).
5 Rev. Stats. Ill. 1845, p. 161.
6 George Clark, ed., The Criminal Laws of Texas (1881), pp. 262-67.
7 1 Stats. 115 (act of April 30, 1790), chap. 9, sec. 14; 1 Stats. 573 (act of June 27, 1798).
8 Stats. N.H. 1815, p. 321. See also, for example, the elaborate statute on forgery in Stats. Ohio 1841, p. 233.
9 See Spencer L. Kimball, Insurance and Public Policy (1960), a case study of Wisconsin insurance regulation.
10 Lawrence M. Friedman, “The Wisconsin Usury Laws: A Study in Legal and Social History,” Wisconsin Law Review 515 (1963).
11 Ill. Rev. Stats. 1845, chap. 54, sec. 4, p. 295.
12 4 Stats. 390, 392, sec. 4 (act of March 31, 1830). The fifth section of the statute voided any contract or “secret understanding” to buy land at a premium from someone who was to acquire the land at a public land sale.
13 Mo. Rev. Stats. 1845, chap. 147, sec. 20, p. 932.
14 See Wilbur R. Miller, Revenuers and Moonshiners: