572 CONSTITUTIONAL LAW 



incorporated and authorized by the law, are taking care, are among 

 those directed by governmental authority. Such an intervention 

 appears more necessary because it is wanting among us and it would 

 not be possible to organize in the same manner as a real political 

 power the judiciary authority, so as to be able to have this sure pro- 

 tection it is offering to your institutions, and, on the other hand, 

 this individual energy became weakened governing the whole Amer- 

 ican political life, infusing into it force, making it admirable through- 

 out the most terrible crisis. 



The increasing necessity of protecting the most feeble in face of 

 industrial organizations, of the power of capital, of the same struggle 

 for welfare is determining the new developments of the action of the 

 state and of municipal corporations. Therefore we are disputing 

 in Italy if we must confide to the government even the control of 

 the railroads, although the experiences of some European states 

 and the peculiar difficulties of administration and control granted 

 to the exigencies of parliamentary system should not let us* advance 

 in this direction. So we have recent laws which allow the munici- 

 pality to exercise the monopoly of the most different enterprises , 

 light and water, trolleys and telephones, hygiene and moving force, 

 bread and meat, ice and funeral pomps. 



There follows a number of new problems, imposing themselves on 

 the governing constitutional law: organizations of the referendum, 

 administrative and financial controls of the new managements, 

 bits to the new rules on political and municipal elections. There 

 arises the twofold necessity of a more detailed development of the 

 legislation, so that to the administrative arbiter, who has a great 

 action in the silence of the law, may happen a precise disposition, 

 able to be a rule for authority, a defense for the citizens, and of a 

 judiciary authority unknown to the Anglo-Saxon law, almost new 

 to our institution, the administrative justice with which the state that 

 cannot and will not be subjected to the ordinary judges in adminis- 

 trative matters concerning not the right, but the interest, became 

 judge and party, yet granting to the citizens, with these administra- 

 tive tribunals, such guaranties not to be neglected. 



Gentlemen: History and reason are teaching us that the science 

 of constitutional law must not preoccupy itself more than once 

 with possible reactions or revolutions. We are convinced that our 

 forms of government, although not approaching the ideal in a general 

 interest, to give to every citizen force proportionate to his effective 

 worth, whatever may be his social condition. The struggle of the 

 classes is nonsense where the majority rules, where it depends on 

 this majority, made up of working-men, to modify the laws, which 

 in some states favor concentration, protect usury, and are exposing the 

 working-classes to the unlimited struggles of competition. The law 



