(fimmll Uttivmitg pibwg THE GIFT OF ?.^^xhJ^d^.^. i?v .^AOl-Cu. 43Q3QqB vajgrjis- 7583 Cornell University Library JK277 .H84 Present political questions olin 3 1924 030 468 973 Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924030468973 THE UNIVERSITY OF NEBRASKA 'departme;nt of POLITICAL SCIENCE AND SOCIOLOGY PRESENT POLITICAL QUESTIONS An Analytical Reference Syllabus i^ BY GEORGE ELLIOTT HQWARD. Ph. D. Head Professor of Political Science and Sociology .act puBLisi^b bV THE u^iVfei^siTy LINCOLMMS. THE UNIVERSITY OF NEBRASKA DEPARTMENT OF POLITICAL SCIENCE AND SOCIOLOGY PRESENT POLITICAL QUESTIONS An Analytical Reference Syllabus BY GEORGE ELLIOTT HOWARD, Ph. D. Head Professor of Political Science and Sociology PUBLISHED BY THE UNIVERSITY LINCOLN. 1913 A PREFATORY NOTE. Apparently society is urgently demanding from the teacher, and especially from the college teacher, a more concrete, a more intimate handling of the actual problems which con- cern it in the living present. This is notably true of political questions. Is there any sound reason why such topics should not be selected for academic study? Under competent guid- ance, does not their discussion afford the very best mental discipline? They have two great advantages over like sub- jects which are remote in time and place : interest and utility. Fortunately the wise teacher has freed himself from the twin fallacies that a subject is "disciplinary" in proportion as it is distasteful; and that a university is a place where "nothing useful is taught." Has not the new psychology firmly estab- lished that interest is the essential condition of the swiftest, most luxuriant mental growth? By all means let us have knowledge for its own sake; but is there any real knowledge which is not informed, vitalized by a perception of its power? of its function in human progress? Precious indeed for each subject is the light which history reveals; indispensable the understanding which comes from tracing social evolution; but history and evolution disclose their full meaning only through their present crises. The questions outlined in this syllabus are those in part covered by a course of lectures given by the author in the University of Nebraska. His experience in leading a class of juniors, seniors, and graduates, causes him to believe that possibly the analyses may prove helpful to others. George Elliott Howard. Lincoln, November 1, 1913. ANALYTICAL INDEX PAGES I. Origin, Growth, and General Results of Majority-Plurality Representation 7_9 II. The Failure of Majority-Plurality Representation 9-11 III. Proportional Representation and other Proposed and Ap- plied Reforms 11-16 IV. Direct Legislation 16-25 V. The Structure and Ethics of the American Party System 25-30 VI. The Nominating Convention 30-36 VII. The Direct Primary 36-42 VIII. Protection of the Ballot and the Safeguard of Elections 42-58 1. Origin of the Secret Ballot 42-47 2. The Reform of the Ballot under State Control 47-65 IX. Election Abuses and Corrupt Practices Laws 58-67 1. In Great Britain 58-60 2. In the United States 60-66 X. Equal Suffrage 67-74 1. Historical : Rise of the Movement for Equal Suffrage 67-70 2. The Present Phase of the Equal Suffrage Movement 70-73 XI. The Socialization of American Jurisprudence 74-84 XII. The Modern City: Its Meaning and the Nature of Its Problem 85-90 1. Meaning of the Modern City 85-86 2. Nature of the Modern Municipal Problem 86-89 XIII. The Origin of American Municipalities 90-96 XIV. The Municipal Program of the National Municipal League 96-100 XV. The Movement for Municipal Home Rule 100-109 XVI. Commission Government and the Short Ballot 109-117 XVII. Theory of American Bad Government 117-121 1. Social Factors 117-118 2. Historical Factors 118-121 Select Bibliography 122-184 1. Representation, Direct Legislation, Direct Primary, and the Party System 122-140 2. Ballot Reform and Corrupt Practices 140-149 3. Equal Suffrage and Related Aspects of the Woman Movement 149-164 4. Soicalization of American Jurisprudence 164-170 5. Municipal Questions 170-184 PRESENT POLITICAL QUESTIONS. Section I. Origin, Growth, and General Results op Ma- jority-Plurality Representation. I. Origin Of Political Representation. 1. Did the Greeks use political representation? a. Character of Hellenic democracy; definition of "de- mocracy;" legislation by the Ecclesia or body of citizens. 6. Use of representation in the Achaean League, 281- 146 B. C. : the Boule, or senate of the League, was composed of groups of representatives from the cities of the federation (see Dubois, Ligues Eto- lienne et Acheenne, 113 ff. ; Freeman, History of Federal Government in Greece, 239-41, 643-45, 651, 197-251 (the federal constitution) ; Howard, Comparative Federal Institutions, 12-14) . 2. The unsuccessful attempt to establish representation in Gaul by the Roman emperors Honorius and Theodos- ius II, A. D. 418 (Guizot, History of Civilization, I, 45-50, giving the rescript). 3. Teutonic origin of representative government. c. Legislation by the primitive folk-moot of the tribal state (civitas) according to the Germania, c. 11, 12, 22, passim. Cf . Stubbs, Constitutional History, I, Chap, ii, par. 15-17). 6. Did the old Saxons of the Continent have repre- sentation? Evidence of Bede, A. D. 672-735; of Nithard, A.D. 843 ; of Huchbald, ca. A.D. 950 (com- pare Stubbs, op. cit., I, chap, iii, par. 22, pp. 41-46). c. The germ of English representation in the "reeve and four" sent to the hundred and shire moots from the townships (Howard, Local Constitutional History, I, 22 ff.; Stubbs, op. cit, I, pp. 90 flf.). 1) Origin before or after the Norman conquest? —7— 8 PRESENT POLITICAL QUESTIONS. 2) Did the whole people reserve the right to act di- rectly when not content with their represent- atives? (Howard, Local Constitutional History, 1,258-59,267). II. The Nationalization Of Representation In The' British Isles : "The Union of Local Governments into a Nation, and the Coalescence of Social Classes in a Single Representative Assembly" (Commons, Proportional Representation, 10-17). 1. Its use in the Convocations of the English national church. a. Growth of the practice, 1225-1277. 6. Definitively established, 1283 (see Stubbs, II, sec. 199, chap. xv). 2. Its use in the English national parliament. a. Growth of the practice, 1215-1295. 6. The system of representation completed in the "model" parliament of 1295 (Stubbs, II, chap, xv, sec. 214, pp. 220-24). 3. Extension of the system to Scotland, Ireland, and the colonial empire. 4. Principles of representation (Burgess, Polit. Science and Comparative Const. Law, II, 65-66; New Inter- national Encyclopaedia, XVII, 36-37). III. The Nationalization Of Representation In America : The Three Stages Of Evolution (Commons, op. cit., 17-35). 1. The historical proofs of the process. 2. The process produced the Single delegate district sys- tem for both the urban and the rural population. This system favored the rise of: a. The unique American party system. 6. The political "boss" taking advantage of popular suffrage: extension of the franchise since 1780 (Hart, Practical Essays, 35, 54, 196, 198). c. Incompetent, often corrupt, legislative bodies deal- ing with a vastly widened field of legislation (Woodrow Wilson, The State, 583) . d. The corporation "lobby." MAJORITY-PLURALITY REPRESENTATION. 9 IV. The Manysided Movement For Relief. 1. The original mistake: failure distinctly to reserve the right of the people to supersede their representatives in law-making. 2. Meaning of the call for proportional representation? 3. Meaning of the movement for direct legislation? 4. Meaning of the movement for the direct primary? 5. Meaning of the movement for the short-ballot? REFERENCES. John R. Commons, Proportional Representation (2d ed., N. Y., 1907), 10-35; A. B. Hart, Practical Essays on Government (N. Y., 1893), 20-57; Hearn, Government of England, 423-28; John Fiske, American Political Ideas, 59, 71-77, 97; idem. Beginnings of New England, 16, 22, 25, 33; C. S. Lobingier, The People's Law, 1-22, passim; J. R. Green, English People, I, 354 ff. ; W. R. Anson, Law and Custom of the Constitution, I, 12-17; A. B. White, The Making of the English Constitution, 314 ff.; Woodrow Wilson, The State, sees. 1361-63. Consult the works of Howard, Stubbs, Freeman, Guizot, Dubois, and Burgess above cited. Section II. The Failure of Majority-Plurality Repre- sentative Legislation. I. The Breakdown Of Representative Legislative Assemblies. (Commons, Proportional Representation, 1-9). 1. As revealed in public sentiment. 2. As disclosed in the restrictive provisions of the newer state constitutions. 3. As shown in the decay of the municipal council; and the creation of administrative boards and commis- sions. 4. As seen in the usurpation of legislative authority by the courts. 5. Other evidence. II. Evil Fruits Of The Single Delegate District System. 1. Unequal representation of political areas or of popula- lation-groups. a. The Gerrymander. 1) Origin of the name (Ware, in American Law Review, VI (Jan., 1872) ; Woodburn, Political Parties, 278 flf.). 10 PRESENT POLITICAL QUESTIONS. 2) General history of the abuse (many statistics and charts in Commons, 48-81; Woodburn, Political Parties, 275 ff.)- 3) The Wisconsin Gerrymander of 1891 (Judge A. J. Turner, The Gerrymander of Wisconsin). a) Details of this typical case. b) The apportionment act declared unconsti- tutional by the supreme court: value of the decision ? 6. Similar unfairness in Great Britain, Fi-ance, and Germany (see references below). 2. The rights of minorities either partially or entirely dis- regarded: this is the general rule in American elec- tions and in apportionments. 3. The rights of majorities are violated. a. State legislatures elected by a minority of votes cast. 6. Congresses elected by a minority of the votes cast, c. Presidents elected by a minority of the votes cast. 4. Other fruits of the system a. Machine domination. 6. The defeat of minority leaders ; and the lowering of the standard of legislative ability and character. c. Dictatorial power of the Speaker. d. Power of the corrupt lobby. e. Bribery; colonization of voters, etc. REFERENCES. I. The United States and General Principles: — J. R. Commons, Pro- portional Representation, 36-85; Lincoln Steffens, Struggle for Self- Government (N. Y., 1906) ; G. H. Haynes, "Representation in New Eng- land Legislatures," in Annals, VI (1895), 254-66; Messages of the Gov- ernor of Rhode Island for 1907 and 1908 ; Berry, Proportional Represent- tation (Worcester, 1872) ; F. H. Giddings, "The Nature and Conduct of Political Majorities," in Political Science Quarterly, VII (1892), 116-32; J. J. McCook, "The Alarming Proportion of Venal Voters," in Forum, XIV (1892), 1-13; J. S. Mill, On Representative Government, chap, vii; T. Hare, The Election of Representatives (1859) ; M. Ostrogorski, Democ- racy and the Organization of Political Parties, I, 104-13, 159-63, II, 507, 537, 701-10, passim; R. Tyson, "Proportional Representation," in Government (Oct., 1907), 17 ff., also in Bliss, New Encyclopedia of Social Reform, 975-78; C. L. Jones, Readings on Parties and Elections, 147-68. PROPORTIONAL EEPRESENTATION. 11 II. Foreign CountHes :—Bodley, France, II, 86-87; B. E. Howard, German Empire, 85-86; W. van Schierbrand, "The German Elections and the Socialist Party," in Review of Reviews, XXVIII, 185-89; Sir John Lubbock, "Analysis of English Elections," in Proportional Repre- sentation Review, II (Sept., 1895), 105-107; R. H. Bettot, "Propor- tional Representation and Party Government," in Westminster Review, CLXVII, 1-11; J. H. Schooling, "The Redistribution of Seats," in Fort- nightly Review, LXXVII, 343-45; H. Belloc and C. Chesterton, The Party System (in England), 1911, 15-34; Joseph King, Electoral Reform (1908), 1-33, 90-101, 111-120; especially J. H. Humphreys, Proportional Representation, 16-61. III. The Gerrymander: — Ware, "The Machinery of Politics and Pro- portional Representation," in American Law Review, VI (1872), 255-87; A. J. Turner, The Gerrymander of Wisconsin (pamphlet, 1891) ; E. C. Griffith, Rise and Development of the Gerrymander (1907) ; "The Slay- ing of the Gerrymander," in Atlantic Monthly, LXIX (1892), 678-82; J. R. Commons, "How to Abolish the Gerrymander," in Review of Re- views, VI (1892), 541-44; W. C. Hamm, "The Art of Gerrymander- ing," in Forum (1892), IX, 588-51; A. Johnston, in Lalor's Cyclopaedia, II, 367-68; J. A. Woodburn, Political Parties and Party Problems in the United States (1903), 275-82; C. L. Jones, Readings On Parties and Elections, 151-57. See references to the next section. Section III. Proportional Representation and Other Proposed and Applied Reforms. I. Plans based on the Retention of the Single Member Dis- tricts. 1. Districting of states by Congress (Woodburn, Political Parties and Party Problems, 279-80). 2. Second ballot (King, Electoral Reform, 111-20; Hum- phreys, Proportional Representation, 81-95, 290-95) . a. Failure in France, Belgium, and Germany (Hum- phreys, 86-95; Representation, Nos. 2, 4, 24; Pro- portional Representation Society, Pamphlets, Nos. 9, 20, pp. 5-7 ; Equity, x, 57-58 ; Yves Guyot, "The Relations between the French Senate and Chamber of Deputies," in Contemporary Review, XCVII (February, 1910), 142-53). b. Failure in New Zealand (Proportional Represen- tion Society, Pamphlets, No. 20, p. 6 ; Humphreys, 85, 100 ; British Reports on Second Ballot at Elec- tions in Foreign Countries, 1908) . 12 PRESENT POLITICAL QUESTIONS. c. Use in Southern direct primary elections (Louisiana Primary Law, 1906, sec. 25; Georgia Democratic Campaign Book, 1908, p. 48, rule 7. Cf. A, N. Holcomb, "Direct Primaries and the Second Bal- lot," in Am. Pol. Sci. Review, V, 535-52, III, 564). 3. Preferential (alternative) vote. a. Use in Victoria, West Australia, Queensland, and Tasmania (Proportional Rep. Society, Pamphlets, No. 20, pp. 6-7 ; Tasmanian Electoral Law of Nov., 1907; Representation, No. 24, pp. 17-21; Hum- phreys, 95-107). 6. Applied in Idaho and Washington direct primary elections. c. Adopted by Grand Junction, Colorado (Equity, XII, 41-45, 112, 168-71). d. "Three Cornered Contests" Bill in British Parlia- ment (Representation, No. 1, p. 4; No. 24, pp. 17 ff.). e. "Mary Ann Bills" in Wisconsin (Lush, in American Political Science Review (Nov. 1907), I, 43-47; La Follette's Special Session Message, 1905, pp. 18-24). II. Plans Based on The Abolition Of Single-Member Districts. 1. General ticket or scrutin de liste (Commons, Propor- tional Representation, 86-89). a. French experience, 1871-75, and 1885-89. 6. American experience; in choosing congressmen; in choosing presidential electors; in choosing local boards. 2. Limited vote (Commons, 90-92; Humphreys, 63-68). 3. Cumulative vote ; experience with in Illinois since 1870 (Commons, 92-98) ; for school boards in England; in general (J. Z. White, in Proportional Represen- tation Review, I, 52-55. Cf . Humphreys, 68-74) . 4. Proportional representation (Commons, 99-131; Tyson, in Government (Oct., 1907), pp. 17-26; also in Bliss, New Encyclopedia of Social Reform, 975-78 ; Equity, VIII, 29-30; Humphreys, 108 ff.). PROPORTIONAL REPRESENTATION. 13 a. Definition; why the preferred remedy? 6. Single vote systems. 1) The single non-transferable vote ; in Japan (Hum- phreys, 74-75, 283-89). 2) Single transferable vote: the Hare-Andrae- Spence system; the Gove or Dobbs system; the Gregory method ; the more -accurate Hare-Clark method embodied in the Tasmanian Act of 1896 (Humphreys, 131-71, 336-42, 357 ff.; J. M. Berry, Proportional Representation, the Gove System (Worcester, 1892) ; Commons, 100 ff. ; Proportional Representation Review, I, 20-23; Equity, XIII, 40-42 ; New International Encyclo- paedia, XVII, 36-37) . c. The list systems (Humphreys, 172-95; Commons, 112 ff.). 1) Definition; how differing from single-vote sys- tems (Proportional Representation Review, II, 124-27; Humphreys, 172-73). 2) Forms of vote used : single, cumulative, and mul- tiple. 3) Existing in Belgium, Switzerland, Wurtemburg, Sweden, and Finland (For Belgium, see Hum- phreys, 173 ff., 297-323 ; Commons, 122-31 : the trial ballot of 1893). d. Comparison of the single vote and the list systems (Humphreys, 196-208). III. Progress of Proportional Representation (Read especially L. E. Aylsworth, in American Political Science Review, II, 585-92 ; also recent numbers of Equity, Representation, the Pamphlets of the Proportional Representation Society, and Humphreys, 108-30, passim). 1. Beginnings in Denmark and Switzerland: adopted in the cantons of Ticino, Neuchatel, Geneva, Solothurn, Zug, Schwyz, Bale City, Lucerne, and St. Gall; for municipal elections in Berne, Fribourg, and Valais; and demanded for federal elections (Humphreys, 114-15). 14 PRESENT POLITICAL QUESTIONS. 2. Adoption by Belgium, Japan, Finland, Wurtemberg, Tasmania, Cuba, Sweden (For Belgium, see Library of Congress, List of Books, 4-5. Cf. R. Tyson, in Arena, Dec, 1903; E. Mahaim, in Annals, XV (1900), 381-404; J. R. Commons, in Review of Re- views, XXI, 583 ff.). 3. Progress of propaganda in Saxony and Holland; pro- posed in China; electoral bill in France, 1912 (Rep- resentation, No. 24, p. 30; G. Lachapelle, "La Re- forme Electorale devant la Chambre," in Rev. Pol. et Pari., Jan., 1912 ; in cities of South Africa (Equity XII, 70-73, 116, 172). 4. New electoral laws of Tasmania, Sweden, and Cuba (Equity, X, 24, 92 ; 0. Ferrara, "Le Scrutin de Liste et la Prop. Rep. a Cuba," in Rev. Pol. et Pari., Jan., 1912). 5. Progress in South Africa (Humphreys, 122, 128-29, 364-81; Equity, 70-73). 6. Progress in England: "model" election of 1908; pro- portional representation bill, 1912; "all Cornwall model election," 1912 (Representation, No. 25, pp. 49-69 ; Humphreys, 123-24, 129-30, 146-162). 7. Oregon suggestions. o. Amendment to constitution allowing proportional representation, 1908 (Equity, X, 89-90). 6. The "district at large" plan : proposed in Senate Bill No. 97, January 21, 1909; not adopted (discussed in Equity, XI, 30-31, 61-62, XII, 69-70). c. The "proxy" plan for proportional representation in the Legislative Assembly: amendment to con- stitution voted on Nov. 5, 1912, but not adopted (Cf. Equity, XIV, 161-62). 1) Each member of the assembly is the proxy "for all the electors who voted for him" ; and he may cast this number of votes for or against any measure. 2) The governor is ex-officio member of the Assem- bly. PROPORTIONAL REPRESENTATION. 15 3) Every legal candidate for governor receiving a higher number of votes than any other candi- date is likewise ex-ofiicio member of the Assem- bly; and he is proxy "for the total number of electors in the state who voted for unsuccessful candidates of his party for representative ;" and he may cast that number of votes for or against measures (see the Oregon Publicity Pamphlet, 1912, pp. 212 ff.). IV. Social Value of Proportional Representation. 1. Urgent need of it in cities (Commons, 197-222; Hum- phreys, 36 ff., 58 ff., 343 ff.). 2. Would it safeguard party-government? (Commons, 163-96 ; Humphreys, 209-34 ; Ashworth, Proportional Representation Applied to Party Government, 1901 ; Report of Royal Commission on Electoral Systems, par. 133-34, 88, 126). 3. Summary of arguments for and against proportional representation (Commons, 132-222; Humphreys, 235-81). REFERENCES. I. Books and Articles: — The best general treatise is J. H. Hum- phreys, Proportional Representation: A Study in Methods of Election (London, 1912). For the United States in particular, the subject is brought down to 1896, the date of the first edition, by John R. Commons, Proportional Representation (N. Y., 1896, 1907). For recent progress in the movement the excellent summary of L. E. Aylsworth, in American Political Science Review, II (Nov., 1908), 585-92, is indispensable. Among the more important writings are: Thomas Hare, A Treatise on the Election of Representatives (London, 1859) ; R. E. Curtis, Pro- portional Representation, a Bulletin of the Wisconsin Legislative Refer- ence Department (1912) ; C. L. Jones, Readings on Parties and Elections, 164-68; R. H. L. Bettot, "Proportional Representation and Party Govern- ment," in Westminster Review, CLXVII, 1-11; E. C. Meyer, Nominating Systems, 464-72 ; Robert Tyson, "Proportional Representation," in Govern- ment, Oct., 1907, pp. 17 ff. ; also in Bliss, New Encyclopedia of Social Reform, 975-78; W. von Schierbrand, "The German Elections and the Socialist Party," in Review of Reviews, XXVIII (1909), 185-89; N. Saripolos, La Democratic et I'Election Proportionelle (Paris, 1899) ; L. F. C. Garvin, "How to effect Municipal Reform," in Arena, x (Sept., 1894), 570-76; J. Westlake, in Contemporary Review, XLV, 417 ff.; J. H. Schooling, "Redistribution of Seats," in Fortnightly Review, LXXVII (1900), 343-45; Alfred Cridge, Prop. Rep. in its Rel. to the Initiative and Referendum (1893); J. A. Woodburn, Political Parties, 280 ff.; M. N. Forney, Political Reform by Representation of Minorities (N. Y., 16 PRESENT POLITICAL QUESTIONS. 1894) ; D. G. Ritchie, The Right of Minorities; Harris, The True Theory of Representation in the State; 3. S. Mill, Representative Government (1861) ; E. Kloti, Die Proportionalwahl in der Sehweiz (Bern, 1901) ; J. W. Jenks, "The Social Basis of Proportional Representation," in Annals, VI (1895), 381-96; G. Jaigu, La Representation Proportionnelle (Rennes, 1912) ; G. Jellinek, The Rights of Minorities (London, 1910) ; C. Brocard, "La Reforms Electorale en Prusse," in Rev. Pol. et Pari., Feb., 1912) ; Catherine H. Spence, "Effective Voting the Only Effective Moralizer of Politics," in Arena, X (1894), 767-76; Robert Tyson, "The Single Voe in Plural Elections," in Arena, XXXII (1904), 403-406; idem, "Various Voting Systems," in Arena, XXXIX (1908), 59-64. Early books on representation are Thomas Gilpin, The Representation of Minorities of Electors (Philadelphia, 1844) ; J. G. Marshall, Majorities and Minorities: their Relative Rights (London, 1853) ; Thomas Hare, The Machinery of Representation (London, 1857) ; J. F. Fisher, The Degredation of our Representative System,, and its Reform (Philadel- phia, 1863). Consult the literature cited in Am,erican Law Review (1872), 255-56. II. Serial Publications: — Equity, VIII-XV (Philadelphia, 1906- 1913) ; Representation, the Journal of the Proportional Representation Society, Nos. 1-25 (London) ; the same Society's Pamphlets, Nos. 1-20 (London) ; Proportional Representation Review, vols. I-II (1893-95; dis- continued) : Contains many excellent papers; La Representation Pro- portionnelle (Brussels, 1883 flF.). III. Bibliographies: — Library of Congress, A List of Books relating to Proportional Representation (1904) ; J. R. Commons, in Proportional Representation Review, I, 58-62. Section IV. Direct Legislation. I. General Principles and Characteristics. 1. Definition; comparison of representative legislation with direct legislation. 2. Popular ratifications: survivals and early precedents in Europe and America (Lobingier, People's Law, 1-136). 3. Modem origins (Lowell, Governments and Parties, II, 238-300; Lobingier, People's Law, 137 ff.). a. Law-referendum in Switzerland; history of its rise (Lowell, n, 238 flf.). b. Constitutional referendum in the United States ; ap- pears first in Switzerland, 1802 (For the Amer- ican origin, see Dodd, Revision and Amendment of State Constitutions, 26 ff. ; Lowell, 244-45). 4. Kinds of Referenda. o. As to liberty of use. DIRECT LEGISLATION. 17 1) Optional. 2) Obligatory. b. As to subject-matter. 1) Law referendum. 2) Constitutional referendum. 3) Referendum on public questions or policies. 5. Main divisions of modern statutes authorizing direct legislation. a. Provision for initiative. b. Provision for referendum. c. Provision for recall of administrative officials. II. Progress of Direct Legislation outside the United States. 1. Extended use in Switzerland: Great value of Swiss local, state, and federal experience in initiative and referendum (Lowell, Governments and Parties, II, 238-300 ; Stiissi, Referendum und Initiative im Kan- ton Zurich; Cree, Direct Legislation; Commons, Pro- portional Representation, 306-10; Borgeaud, Adop- tion and Amendment of Constitutions, 258 ff. ; Dep- loige. The Referendum in Switzerland (London, 1898) ; Curti, Resultate des Schw. Referendums (Bern, 1911) ; idem, "Weltgang des Referendums," in Archiv. des Oeffent. Rechts, Bd. 28, Heft 1 ; idem, Le Referendum (Paris, 1905) . a. Lowell's judgment as to value of Swiss experience. In the light of recent history, should his criticism be modified? (Governments and Parties, II, 271- 300. Compare his "The Referendum in operation in U. S.," in Quarterly Rev., CCXIV (1911), 520- 29 ; with W. Oechsli, in ibid., 509-20) . b. Opinions of Simon Deploige (Le Referendum, 167- 79, passim); of Numa Droz (Etudes; idem, in Contemporary Review, LXVII, 1895, pp. 328-44; idem, in Equity, XI, 36) ; of Theodore Curti (in Equity, XII, 16-21; idem, Resultate des Schw. Referendums, 1911) ; of E. Lauer (in ibid., 23) ; of Charles Borgeaud (in Arena, 1905, XXXIII, 482-86; idem, in Equity, XI, 36-37) ; especially of W. E. Rappard (in Am. Pol. Sc. Review, VI, Aug., 1912, pp. 345-66). 18 PRESENT POLITICAL QUESTIONS. 2. New Zealand (Ell, in Arena (1903), XXX, 268-72). 3. Australian Commonwealth: constitutional referendum (Lobingier, People's Law, 389-94) . 4. Other Countries (Lobingier, People's Law, 367 ff. ; H. W. Horwill, "The Referendum in Great Britain," in Polit. Sc. Quarterly, XXVI (Sept., 1911), 415-31; H. D. Henderson, "Referendum and Representative Government," in Westminster Review CLXXVI (1911), 243-49). III. Progress of Direct Legislation in the United States. 1. In city-government (Commons, 311-40; Beard and Schultz, 274-85; Paine, in Equity, XII, 10-16). a. Special need in municipal affairs; the Ohio law (Laws, 1911, pp. 521 ff.). b. Prominence in short ballot or "commission" charters (Beard and Schultz, 280-90; also Beard, Digest of Short-Ballot Charters). c. To what questions usually applied? 2. In state-government. a. For what purposes. 1) Adoption and amendment of constitutions (Dodd, Index at "Referendum" and "Popular Vote"; Beard and Schultz, 1 ff., 70 ff. ; Oberholtzer, Referendum in America, 2d ed., 1912). 2) Public questions: Taxation, bonds, capital re- moval, grant of franchises, local option, divorce. Asiatic immigration, many other cases (Equity, IX, No. 1, p. 21 ; No. 2, pp. 18-20; No. 4, pp. 6-7; X, 46-50). 3) Laws: initiative and referendum. 4) Recall: of officials; of judges; of decisions pro- posed. b. What states have adopted in whole or in part (Beard and Schultz, 1-2 ; Equity, XI, No. 1, pp. 1-2, X, 37-39, 97, XII, 23 ff., 57 ff., 135, 148 ff., XIII, 14 ff. (Ari- zona), 19 ff., 56, 68 ff. (California), XIV, 23 ff., 73 ff. ; especially, XIV. 94-98, and XIII, 133 (table by G. J. King). c. The varying provisions of the state direct legislation statutes (Beard and Schultz, 20-22). DIRECT LEGISLATION. 19 d. The essential clauses of a good direct legislation statute (Equity, XIV. 98-103, including 6 "jokers" to be avoided; Beard and Schultz, 22 fF.)- 1) Suggested model-law (Equity, XIII, 9-14, XI, No. 1, pp. 7-12, No. 3, pp. 69-73). 2) The Oregon law and how it works (Beard and Schultz, 41-49, 79-120 ; W. S. U'Ren, in Equity, XII, No. 2, pp. 56-57 ; idem, "Results of the Ini- tiative and Referendum in Oregon," in Publiccb- tions of the Am. Pol. Sc. Association, 1907, 193- 97; G. A. Thatcher, in ibid., 198-221 (Oregon) ; - idem, in Am. Pol. Sc. Review, II, 601-605 ; Tay- lor, in Equity, XII, No. 4, pp. 143-146; espe- cially Bourne, in ibid, No. 3, pp. 97-98; idem, Speech on Popular vs. Delegated Government, May 5, 1910 ; see the table of the vote, 1911, in ibid., XIII, 32-34). a) Experience of Portland. b) W. S. U'Ren's proposed Oregon System of Gov- ernment (Beard and Schultz, 349-83). 3) The Nebraska Amendment: is it a good one? (Beard and Schultz, 195-99). 4) The initiative : essential provisions ; why specially needed in the United States ; the Wisconsin plan (Beard and Schultz, 21) ; the Ohio plan; other variations (S. G. Lowrie, "New Forms of the Initiative and Referendum," in American Po- litical Sc. Review, V, 566-72). 5) The recall (Beard and Schultz, 52-69, 242-73; notes on legislation in Am. Pol. Sc. Review by S. G. Lowrie, V, 248-9, 442 (Washington) , 599- 600 ; J. D. Barnett, "The Operation of the Recall in Oregon," in Am. Pol. Sc. Review, VI, (1912), 41-53). a) Origin: in Article V of Articles of Confeder- ation; proposed for Federal Constitution, 1787 (G. J. King, in Equity, XIII, 150-51). b) Use in Los Angeles, Tacoma, Seattle (Burton J. Hendrick, "The Recall in Seattle," in Mc- Clure's, XXXVII, 647-63; F. W. Catlett, in 20 PRESENT POLITICAL QUESTIONS. Annals, XLIII, 227-36; W. J. Brier, "The Sweeping of Seattle," in La Follette's, III, Dec. 23, 1911 ; C. D. Willard, "The Eecall in Los Angeles," in La Follette's, Aug. 7, 1909). c) Is it especially needed in the United States? Why? 4. Direct legislation suggested for the federal government (Victor Berger, in Equity, XIII, 136-37 ; ibid., XIV, 8; C. S. Lobingier, in ibid., XV, 94-95). IV. Social Value of Direct Legislation as the Ally or Comple- ment of Representative Legislation (Consult especially Wil- cox, Government by All the People; Weyl, The New Democ- racy y 298 flf.). 1. It is urgently demanded because of the social menace of the partisan control of representative legislation. 2. It is but an application of familiar methods of express- ing the people's will. a. Its three elements : initiative, referendum, recall. b. Origin of these three elements in the procedure of the folkmoot: motion, appeal, removal and re- placement of official servants. 3. Origin of representation in the Anglo-Saxon forests. a. Simplicity of the device of acting through delegates. 6. The great oversight or mistake: legislative power should not have been given up by whole people. 1) Example of a business firm and its agents. 2) Example of a great corporation and its official managers. Likeness between the silent stock- holder and the silent citizen. 4. How to restore the soul of the folk-moot "without presence." a. Value of the town-meeting. b. Value of the collective action of the whole people exercising the primitive right of law-making. 5. Thus direct legislation is the balance-wheel, the direc- tor, of the political organization. DIRECT LEGISLATION. 21 6. How direct legislation affects representation. a. It makes legislators responsible. No attack on the representative principle as such. 6. It decreases the number of bills. c. It improves the character of bills. d. It eliminates the "joker"; and the predatory legal expert. e. It discourages the "dark horse," and the political "trimmer." /. It discourages "bossism;" for the boss cannot "de- liver the goods." Reform measures have a chance. 7. How direct legislation affects parties. a. No attack upon the party principle. It is a means of developing and purifying parties ; of "disinfect- ing" them. 6. Present confusion of men and measures. c. Present confusion of platforms, men, and measures. d. Swiss experience supports this view. 1) Votes on measures. •2) Defeated ministers retained in office; since 1874, re-election of every member of the Federal Coun- cil (Cabinet) willing to serve; center, when but a small minority, had more than half the seats in it. 3) Minority representation in the best spirit; not strict party government as shown by three facts : a) No national committees. b) No national party leaders. c) No elaborate system of caucuses or primaries ; no general party conventions. d) Administration, the fourth division of govern- ment, given its due relative weight. 8. What is its general effect on politics? a. Effect on the voter. 1) Responsibility. 2) Education. 22 PRESENT POLITICAL QUESTIONS. 3) Satisfaction. b. Eliminate personal feeling in party contests. c. Tranquilize politics. d. Restrict party action to its legitimate ends. e. Give a sure basis for reform measures; reach the real problems of the times ; a "balance wheel." /. Improve the quality of legislation : the ills of democ- racy are cured by more democracy. It will not destroy the distinction between "law" and "con- stitution." American origin of the constitutional referendum. g. Raise the ideal of office; it will blight the "plum- tree" of the spoils orchard. 9. What direct legislation may do for the working man. a. It gives a potent voice to the real creators of wealth. b. It secures to them social justice. 1) By creating an imperative public opinion which even judges must obey. 2) By extending the franchise to women; so that both working men and working women may not be exploited by unfair wages. 3) By saving their little children from being sacri- ficed to Mammon as wage-earners. 4) By winning through law an evaluation of the em- ployees of capital as being something more precious than dividends. 5) By securing a reorganization of the public schools, so that they shall provide vocational training for the children of the working masses rather than certificates of entrance to college for the sons and daughters of the privileged few. 6) By rescuing their chosen leaders, who see and feel the wrongs of the laboring man, from facing the scandalous choice between silence and a fed- eral prison. 10. Other arguments (read the "twenty reasons for the referendum," in Equity, VIII, No. 3, pp. 12-16; J. Z. White, in ibid., XI, No. 1, pp. 12-16; and especially the book of Delos Wilcox) . DIRECT LEGISLATION. 23 REFERENCES. I. United States and General: — For source materials, the best com- pilation is that of C. A. Beard and B. E. Schultz, Documents on the Initiative, Referendum, and Recall (N. Y., 1912) ; supplemented by C. L. Jones, Readings on Parties and Elections, 335-54. For history the elaborate treatise of C. S. Lobingier, The People's Law (N. Y., 1909), should be read. For full discussion of the arguments for and against direct legislation, consult especially Delos Wilcox, Government by all the People (N. Y., 1912) ; the briefer treatment by W. E. Weyl, The New Democracy (N. Y., 1912), 298 ff.; the symposium edited by Clyde L. King, in Annals, XLIII (Sept., 1912), No. 132; the symposium edited for the National Municipal League by William B. Munro, The Initiative, Referendum and Recall (N. Y, and London, 1912) ; and the short sym- posium by Jonathan Bourne and others, in Case and Comment, XVIII (1912), 293-328. The new edition of P. E. Oberholtzer, The Referendum in Am,erica (2d ed.. New York, 1912), is extremely reactionary; and Allen H. Eaton, The Oregon System (Chicago, 1912), is a "stand-pat" recommendation of deadly "safeguards." From the vast mass of writings, may be mentioned C. S. Lobingier, in Arena XXXIV (1905), 234-40; idem, "Popular Legislation in U. S.," in Pol. Sc. Quarterly, XXIII (1908), 577-86; J. W. Garner, "Primary vs. Representative Government," in American Political Science Association, Proceedings (1907), 164-74; J. B. Sanborn, "Popular Legislation," in Political Science Quarterly, XXIII, 587 flF. ; F. A. Cleveland, Growth of Democracy in the United States, 174-240; L. J. Johnson, The Initiative and Referendum an Effective Ally of Representative Government (Mass. Direct Leg. League, 4th ed., Boston, 1912) ; H. Croly, The Promise of American Life (N. Y., 1909), 320, 327-28; S. R. Honey, The Referendum Among the English (London and N. Y., 1912) ; R. L. Scott, Direct Legis- lation: What It Is and Why We Need It (Winnipeg, 1911), a pamphlet by the Manitoba Federation for Direct Legislation; J. W. Sullivan, Direct Legislation (N. Y., 1893) ; W. H. Brown, "The Popular Initia- tive," in American Journal of Sociology, X (1905), 713-49, hostile and prejudiced; Nathan Cree, Direct Legislation by the People (Chicago, 1892) ; A. Keller, Volksinitiatsrecht (1889) ; J. R. Commons, Propor- tional Representation (2d ed., 1907), 311-340; idem, in Arena, XXII (Dec, 1899); idem, in Political Science Quarterly, XVII (1902), 609 ff. ; Charles Borgeaud, Adoption and Amendment of Constitutions in Europe and America (N. Y., 1895) ; W. F. Dodd, The Revision and Amendment of State Constitutions (Baltimore, 1910) ; Margaret A. Schaffner, The Initiative and Referendum, Bulletin No. 11 of Wis. Free Library Commission (Madison, 1907) ; idem. The Recall, No. 12, same series (Madison, 1907) ; James Bryce, American Commonwealth (3d. ed., N. Y., 1905), chap. 39; J. Bourne, in Atlantic, CIX (1912), 122-31; Burton J. Hendrick, "The Recall in Seattle," in McClure's Magazine, XXXVII (1911), 647-63; idem,, "The Initiative and Referendum and How Oregon Got Them," in ibid., XXXVII (1911), 235-48; idem, "Law-making by the Voters: How the People of Oregon, working under the Initiative and Referendum, have become their own Political Bosses," in ibid., XXXVIII (1912), 435-50; W. D. Mackenzie, "The Direct Vote System," in Arena, XXXIX (1908), 131-41; A. L. Benson, in Pearson's Magazine 24 PRESENT POLITICAL QUESTIONS. (July, 1911), 87-93; J. T. Stoddard, Against the Referendum (London, 1910); Frank Parsons, The City for the People (Philadelphia, 1901), 255-306; E. Maxey, in Arena, XXIV, 47 ff.; Louis F. Post, "The Initiative and Referendum," in Proceedings of the National Municipal League (1906), 363-81; Eltweed Pomeroy and others. Direct Legislation, in U. S. Senate Does., No. 340, 55th Cong., 2d sess.. Serial No. 3615: an extensive collection of arguments; J. W. Garner, Government, 85-89; C. E. Meyer, Nominating Systems, 452-63; Notes on Legislation, by Margaret Schaflfner, in Am. Pol. Sc. Review, I, 446-49 (North Dakota) ; by S. G. Lowrie, in ibid., V, 245-47, 434-38, 590-92. A. V. Dicey, "Ought the Referendum to be introduced into England?" in Contemporary Review, LVII (1890), 489-511; Ell, "Direct Legislation in New Zealand," in Arena, XXX (1903), 268-72; Joseph King, Electoral Reform (1908), 102-10; H. W. Horwill, "The Referendum in Great Britain," in Pol. Sc. Quarterly, XXVI (1911), 415-31. S. G. Lowrie, "New Forms of Initiative and Referendum," in Am. Pol. Sc. Review, V (1911), 566-72; C. O. Gardiner, "The Working of the State- Wide Referendum in Illinois," in ibid., V, 934-415; Margaret Schaffner, "The Initiative, Referendum, and Recall," in ibid., II (1907), 32-42; or the same in P. S., Reinsch, Readings on Am. State Government (1911), 108-16; Lush, in Am. Pol. Sc. Review, II (1907), 43-47; or the same in P. S. Reinsch, Readings on Am. State Government, 399-404. II. Switzerland: — William E. Rappard, "Initiative and Referendum in Switzerland," in Am. Pol. Sci. Review, VI (Aug., 1912), 345-66; A. L. Lowell, Governments and Parties in Continental Europe (Boston, 1896), II, 238-300; idem, "Referendum in Switzerland and America," in Atlantic, LXIII (1894), 517-26; idem, Essays on Government, 76-78; Bernard Moses, The Federal Government of Switzerland (1889), 117-20; F. 0. Adams and C. D. Cunningham, The Siviss Confederation (1889), 76 ff.; J. M. Vincent, Government in Switzerland (N. Y., 1900), 72-74, 84-90, 188-99, 362; B. Winchester, The Swiss Republic (1891), 164 ff.; W. D. McCrackan, Rise of the Svnss Republic (2d ed., 1901), chaps, ix, xii; Simon Deploige, Referendum in Switzerland (London, 1898) ; Charles Borgeaud, "Practical Results which have attended . . . the Refer- endum in Switzerland," in Arena, XXXIII (1905), 482-86; Frank Par- sons, The City for the People (1901), 255-386; C. Hilty, "Das Referendum im Schweizerischen Staatsrecht," in Archiv fiir offentliches Recht, Bd. II (Freiburg i. B., 1887) ; H. D. Lloyd, A Sovereign People (N. Y., 1907) ; T. Curti, Die Volksabstimmung (1896) ; idem, Le referendum: Histoire de la legislation populaire en Suisse (Paris, 1905) ; idem,, Geschichte der schweizerischen Volksgesetzgebung (2d ed.) ; idem., Re- sultate des schw. Referendum^ (Bern, 1911) ; idem., "Weltgang des Referendums," in Archiv fiir off. Recht, Bd. 28, Heft 1; Stussi, Refer- endum, und Initiative in Kanton Zilrich; idem.. Referendum und Initio^ tive in den Schweitzerkantonen; Ganzoni, Beitrdge zur Kenntniss des biindnerischen Referendums; J. R. Commons, "Direct Legislation in Switzerland and America," in Arena, XXII (Dec, 1899), 725 ff.; J. Herzog, Das Referendum in der Schweiz (1885) ; Numa Droz, "Refer- endum in Switzerland," in Contemporary Review, LXVII (1895), 328-44; A. B. Hart, "Vox Populi in Switzerland," in Nation, LIX (1894), 193-94; Arthur S. Hardy, "Referendum and Initiative," in U. S. House of Rep- STRUCTURE AND ETHICS. 25 resentatives. 57th Cong., 2d sess., doc. No. 1, 482-94, in serial No. 4440: a detailed report for Switzerland; G. Demombynes, Constitutions Europeennes (Paris, 1888), II, 331 flf. III. The Recall: — Besides the literature cited above in this outline, consult: Delos Wilcox, Government by All the People, 167-210; T. A. Davis, in Proceedings of the National Municipal League (1906), 382-87; Margaret Schaffner, "The Recall of Officials in Switzerland," in Yale Review, XVIII, 206-209; "Des Moines Plan of City Government," in Bulletin of the League of American Municipalities, VIII (July, 1907), No. 1, pp. 17-25; J. R. Haynes, "The Recall in Los Angeles," in Equity, IX, No. 3, pp. 4-6; R. M. La Follette, Governor's Message to the Wis- consin Legislature, 47th Regular Session, 1905, pp. 79-81 ; F. E. Mechem, A Treatise on the Law of Public Offices and Officers (Chicago, 1890), 445-67; A. M. Parker, "How Seattle got the Recall," in Pacific Monthly, XVII (April 1907), 455; Eltweed Pomeroy, "The Recall," in Arena, XXXVI (July, 1906), 45-46; J. C. Ruppenthal, "Election Reforms: The trend toward Democracy," in American Lawyer, XIV (March, 1906), 108-15; Delos F. Wilcox, "Local Government," in New York State Li- brary, Review of Legislation, 1903; idem., in ibid., 1905, 195-96; C. L. Jones, Readings on Parties and Elections, 351-54; J. Bourne, in Outlook, XCVI (Oct. 8, 1910), 329; Albert Fink, "The Recall of Judges," in North American Review, XCIII (1911), 672-90; W. F. Dodd, "The Recall and the Political Responsibility of Judges," in Michigan Law Review, X (1911), 79-92; C. B. Seymour, "The Recall," in Yale Law Journal, XXI (1912), 372-82; G. Overton, "Democracy and the Recall," in Forum, XLVII (1912), 157-68. The special No. of Equity, XV (Jan., 1913), is a valuable down to date summary. IV. Serial Publications: — Direct Legislation Record (7 vols., N. Y., 1894-5; Newark, 1895-1900) ; Equity, vols. VIII-XV. (Philadelphia, 1906- 1913). V. Bibliography: — Library of Congress, Select List of References on the Initiative, Referendum, and Recall (Washington, 1912) ; R. C. Brooks, A Bibliography of Municipal Problems, Municipal Affairs, V, No. 1, 60-61 (N. Y., 1901); C. S. Lobingier, The People's Law, 395-409; Ohio State Library, Initiative and Referendum, (1911), 64-79; Edith M. Phelps, Selected Articles (2d ed., Minneapolis, 1911) ; University of Wisconsin, Bulletin No. 224, general series. No. 25, on Initiative and Referendum (Madison, 1908). Section V. The Structure and Ethics of the American Party System. I. In Effect, the Party System of the United States is an Extra Non-Enacted Constitution through which the Operation and Interpretation of the Enacted Constitution are Controlled. 26 PRESENT POLITICAL QUESTIONS. 1. It is "an integral part of the political institutions of the country" (Macy, Party Organization and Ma- chinery, pp. vii-xii ; idem., Political Parties, 1-22) . 2. It is therefore needful to place it under the control of legislation; evidences of a present transition to an "enacted" party system. II. Origin and Structure of the American Party System. 1. The Beginnings (Jones, Readings, 28-52). a. The "fathers" of the constitution feared party in- fluence : Madison's view (Federalist, No. 10) ; Washington's view (Farewell Address). h. Birth of the "caucus" ; the elder Samuel Adams and the "Caulker's Club," 1724 (Hosmer, Samuel Adams, 15-16; Gordon, History of the American Revolution, I, 565, note; John Adams's testimony, Works, II, 144; Jones, 37-38; Meyer, Nominating Systems, 4 ff. ; Ostrogorski, in Am. Hist. Rev., V, 253 ff.). c. The congressional caucus (Jones, 38-52; Merriam, Primary Elections, 1 ff . ; Luetscher, Early Political Machinery in U. S.; Meyer, Nominating Systems, 1-21 ; Ostrogroski, in Am. Hist. Review, V, 253 ff . ; Woodburn, Political Parties, 165-74). 1) Origin in 1800 through work of Hamilton (Ostro- gorski, Democracy and the Organization of Po- litical Parties, II, 13-19 ; Jones, 38-43 ; Schouler, History of U. S., Ill, 305 ff.). 2) How the congressional caucus worked (Niles, Weekly Register, I, 8d ser., 388 ff. ; Jones, 44-46.). 3) Death of "King Caucus," 1824, and transition to the nominating Convention (Dallinger, Nominor- tions for Elective Office, 29-39; Jones, 46-52; Schouler, United States, III, 305 ff.). 2. The present structure of the party machine (Macy, Party Organization and Machinery, 25 ff. ; Wood- burn, Political Parties, 151 ff. ; Ford, Rise and Growth of Am. Politics, 1908, Part II) . a. Party-leadership. 1) Presidential leadership. STRUCTURE AND ETHICS. 27 2) Congressional leadership; role of the speaker. b. The permanent part of the organization: the party committees (Macy, op. cit., 65-74, 87-110). 1) The national committee. 2) The congressional committee. 3) The state committees (Merriam, "State Central Committees," in Political Science Quarterly, XIX (1904), 224-33). 4) The local committees. c. The temporary part of the organization: the con- ventions (Woodburn, op. cit., 151 ff. ; Macy, 74 ff. ; Jones, 53-124). 1) National. 2) State. 3) District. 4) County. d. Minor parts and accessories of the machine: clubs, meetings, campaign books, etc. e. The machine at work (Jones, op. cit., 169-211 ; Bryce, American Commonwealth (1910), II, 93-100; J. W. Jenks, "Money in Practical Politics," in Century, XLIV (1892), 940-52; Evening Post, N. Y., Dec. 14, 1907; Ostrogorski, Democracy and the Party System, 166-70; and many references in the list below) . III. Ethics Of the American Party System. 1. Theory of the modern party system : that it is a means of expressing the popular will in government; and hence that parties are responsible to the people for their acts (Jones, Readings, 1-27 ; Belloc and Ches- terton, Party Systems, 15-24; Lowell, in Am. Hist. Ass. (1901), I; Smith, Spirit of Am. Gov't, 361-78; Ross, in Independent, July 19, 1906; Zueblin, De- mocracy and the Overman, chap, vii; Meyer, Nomi- nating Systems, 22-33; Goodnow, Politics and Ad- ministration, 23 flf., 199 flf.). a. Perversion of this theory in England: party con- trol of the popular will is taking the place of party obedience or responsibility. 28 PRESENT POLITICAL QUESTIONS. b. Perversion of the theory in the United States: ir- responsible control of government carried to the extreme. 2. Consequences of the perversion of the true ethical theory of the party system: the evidence of Amer- ican political history. a. Party platform-pledges have been strategic, not sincere declarations of intended social service; hence usually they have been violated. 6. Parties have not represented the most advanced public sentiment; instead of sincerely working for progressive measures, they have usually op- posed them. c. "Party measures" have almost always been vici- ous, and party spirit has tended to lower the standard of social morality. d. Only the minor parties have consistently aimed at the realiaztion of political ideas ; the action of the great parties has been determined by the pressure of the special "interests." e. The two great parties have been non-progressive; because reforms are opposed to the interests of the professional directors of the machine. /. The effect of the present party system is to divide the forces of good government. In essentials it is not, as urged, a "unifying agency" (as asserted by Macy, Party Organization, 15-24). g. The party system has tended to foster a low ideal of citizenship; for office is looked upon, not as a call to social duty, but as an object of competition to satisfy selfish individual wants. Hence the "spoils system" and "plum-tree" ethics. h. Party rivalry has not usually tended to prevent corruption; for it has not touched the basic de- fects of the party system. i. The cynicism of American politics reveals a moral crisis. 3. The ethical value of the European group system of parties and of the two-party system of the United STRUCTURE AND ETHICS. 29 States (Compare Albert Watkins, in Forum, XXXI (August, 1901), 641-53). a. The American party-names are not significant of constant psychological or other natural divisions of the people. b. Hence the anomaly of "hunting for campaign is- sues." c. The present opportunity for new names and new alignment of parties. REFERENCES. I. General References: — C. L. Jones, Readings on Parties and Elec- tions in the United States (N. Y., 1912) ; Jesse Macy, Party Organiza- tion and Machinery (N. Y., 1904) ; idem, Political Parties (N. Y., 1900), 1-73; J. A. Woodburn, Political Parties and Party Problems in the United States (N. Y., 1903) ; H. Belloc and C. Chesterton, The Party System (London, 1911) ; E. C. Meyer, Nominating Systems (Madison, 1902), 1-33; James Bryce, The American Commonwealth (3d ed., N. Y., 1910) ; F. H. Giddings, "The Nature and Conduct of Political Major- ities," in Democracy and Empire (N. Y., 1900), chap, xi; H. J. Ford, The Rise and Growth of American Politics (N. Y., 1898) ; G. W. Curtis, "Machine Politics and the Remedy," in Orations and Addresses, II (N. Y., 1894) ; A. F. Bentley, The Process of Government (Chicago, 1910) ; M. Ostrogorski, Democracy and the Organization of Political Parties (2 vols., N. Y., 1902) ; idem. Democracy and the Party System (N. Y., 1910) ; idem, "Rise and Fall of the Nominating Caucus," in Am,. Hist. Review, V, 253-83; J. A. Smith, "The Party System," in his Spirit of American Government, chap, viii (N. Y., 1907) ; C. A. Beard, American Government and Politics (N. Y., 1911) ; F. Goodnow, Politics and Admin- istration (N. Y., 1900) ; C. Zueblin, "The Overworked Political Plati- tudes," in his Democracy and the Overman (N. Y., 1910) ; Albert Wat- kins, "The Failure of the Two-Party System," in Forum, XXXI (1901), 641-53; A. L. Lowell, "The Influence of Party upon Legislation in Eng- land and America," in Am. Hist. Ass., Annual Report (1901), I; idem. Governments and Parties in Continental Europe (2 vols., Boston, 1896) ; E. A. Ross, "Political Decay: An Interpretation," in Independent, July 19, 1906; A. McLaughlin, "The Significance of Political Parties," in Atlantic, CI (Feb. 1908), 145-56; J. S. Brown, Partisan Politics, the Evil and the Remedy (Philadelphia, 1897) ; A. D. Morse, "The Place of Party in the Political System," in Annuls (1891), II, No. 3; C. Rich- ardson, "Party Government," in Annals, II (1892), 518-21,653-65; J. A. Woodburn, "Our Political Morality," in his Political Parties, 219-33; idem,. The American Republic and its Governm,ent, chap. i. There is an excellent unpublished seminar thesis on "Political Parties and Movements for Social Betterment"' by T. V. Goodrich (University of Nebraska 1912). II. Bibliographie's-.—lAhr&ry of Congress, Ust of Books on Political Parties in the United States (Washington, 1907) ; references at end of 30 PRESENT POLITICAL QUESTIONS. the chapters in Woodburn's Political Pa/rties; Meyer's Nominating Sys- tems; and at close of Macy's Political Parties. Section VI. The Nominating Convention. I. Origin of the Convention System (Woodburn, Political Parties, 165-74; Ostrogorski, in American Historical Re- view, V, 253 ff . ; Ford, Rise and Growth of American Poli- tics, 1-71 ; G. D. Luetscher, Early Political Machinery in the United States (1903) ; and the references to Section V, II, above.) 1. Colonial methods of nomination (Ford, 1-16). 2. Rise and fall of the legislative and congressional cau- cuses. 3. Rise of the delegate national party nominating con- vention. a. Two early precedents : the secret Federalist conven- tions of 1808 and 1812 (J. S. Murdock, in Am. Hist. Review (1896), I, 680-83; S. E. Morison, in ibid., XVII (1912), 744-63). b. Transition through the "mixed" caucus and other devices to the pure convention, 1824-32 (Jones, 46- 52; Woodburn, 172). c. The first delegate national convention, 1830: that of the Anti-Masonic party; followed by conven- tions for the other parties, 1831-32 (Stanwood, Presidential Elections, chap, xiii, 102-12). d. The nominating convention a unique American in- stitution (Woodburn, 175-76 ; Meyer, 48-54) . II. The National Committee. 1. Origin (Macy, Party Organization, 65-74; Woodburn, 199). a. Democratic committee, 1848. b. Republican committee, 1856. 2. Composition of the committee; appointed by the con- vention. 3. Organization of the committee. a. Chairman. b. Executive committee appointed from the whole com- mittee. THE NATIONAL CONVENTION. 31 4. Work of the committee (Macy, 74 fF. ; Woodburn, 151 ff., 177 fF., 197-203; Jones, 80 flf.). a. Meeting : usual date for the Democratic and the Re- publican respectively (Woodburn, 152-53; Jones, 80). b. Choice of the convention city. c. "Call" of the convention : usual contents (Jones, 86- 88). d. Choice of temporary chairman of the convention. e. Preliminary arrangements by the executive com- mittee. /. Calling the convention to order by the chairman of the committee. g. Announcement of the name of the temporary chair- man of the convention: instances of refusal to accept, notably 1884, 1896, 1912 (compare Macy, 74-78 ; Woodburn, 178). h. Handling of the campaign fund. i. Close relation of the committee to the President. j. Relation to the Congressional Committee (Macy, 89). k. Character of the men usually composing the com- mittee. III. The National Convention (Woodburn, 154-64, 175-96; Macy, 78-86 ; Jones, 53-124 ; Meyer, 17-80 ; Dallinger, 36 fF., 74 fF.). 1. Composition of the convention (Woodburn, 152-62; Jones, 80-86). a. Number of delegates : from each state 4 delegates at large (seldom 6) appointed by the state conven- tion; and 2 delegates for each congressional dis- trict appointed by the district convention (unless direct primary exists) : thus normally double the number of senators and representatives from each state (see history of changes, in Woodburn, 155 fF.). 1) Statehood recognized by the Democrats: district delegates ratified by the state convention: fed- eral. 32 PRESENT POLITICAL QUESTIONS. 2) The strict district plan recognized by the Repub- licans: national. 3) Formerly all the state delegates chosen in the state convention; so still in some states. b. Contested seats: in what way facilitating the work of corrupt machine? c. Alternate delegates ; proxies. d. Character of the delegates. 2. The corrupt primary or caucus (Meyer, 21, 34-47; Merriam, Primary Elections, 1-9; Lalor, I, 360; Hofer, American Primary System, 10-37; Bryce, American Commonwealth, II, 84-89, 93-104; Dall- inger, "A Word About the Caucus," in New England Magazine, XIV (1893), 754 ff.; Field, "The Primary the Pivot of Reform," in Forum, XIV (Oct., 1892) , 189-93; Green, "Facts about the Caucus," in North American Review, CXXXVII (1883), 257-69 ; Means, "Trouble with the Caucus," in New England Maga- zine (July, 1875), XXXIV, 73-87; and the other references in Meyer, 21, 46-47). a. Choice of delegates. b. Sometimes choice of local candidates and commit- teemen. c. The unregenerate primary as the lever of the corrupt machine (See below Section VII). 3. The convention at work (Woodburn, 178 ff.). a. Preliminary business of first session: speeches; ap- pointment of committees. 6. Permanent chairman. c. Contested seats. d. Platform. e. The "two-thirds" and "unit" rules of the Democrats (Becker, "The Unit Rule in National Nominating Conventions," in Am. Hist. Review (October, 1899), V, 64-82; Woodburn, 182-90; Dallinger, Nominations for Elective Office in U. S., 40-43). /. Instructions or pledges. g. Nomination of president and vice-president. 1) The "favorite son." THE NATIONAL CONVENTION. 33 2) The "dark horse." 3) The stampede. 4. The failure of the convention and the problem of re- form. a. The "pure convention": did the convention system at its best render efficient social service? (Meyer, 48-54; Jones, 53-57). h. The corrupt convention (Meyer, 55-65; Jones, 57- 63). c. Weakness of the convention: the need of propor- tional representation ; the other remedies suggested (see Section VII) ; the "proxy" system; instruc- tions for second choice; other defects (Meyer, 57- 65; Jones, 63-66; Woodburn, 159-64). IV. The Presidential Campaign (Woodburn, 197-216, and the literature there cited; Jones, 175-211). 1. The committees. 2. The letter of acceptance. 3. Campaign literature. 4. Campaign speaking. 5. Campaign expenses. 6. Campaign ideals. a. Low ethical standard. 6. The true place of the trained student in the cam- paign. V. Characteristics of the System as revealed in the Repub- lican and Democratic Conventions of 1912. 1. Evils common to both conventions. a. Failure as a deliberative body. 1) Through the influence of the "machine." 2) Through the influence of "galleries." h. Failure as a representative body. 1) Method of choosing delegates. 2) Time covered in the choice of delegates. 3) Disproportionate distribution of delegates (see the tables in C. S. Potts, "The Convention Sys- 34 PRESENT POLITICAL QUESTIONS. tem and the Presidential Primary," in Review of Reviews, XLV, 561-66). a) By the Republican party in the Northern states. b) By the Democratic party in large and small states. 2. Evils peculiar to the Baltimore (Democratic) Conven- tion. a. The "two-thirds" rule and the "unit" rule (Potts, op. cit., 705-10). b. The interrelations of the two rules. 3. Evils peculiar to the Chicago (Republican) Convention. a. The Southern delegates. b. The "steam-roller" of the National Committee and the contested seats. c. The questions of fraud ; and of President Taf t's ma- jority (See Roosevelt's article in Outlook). 4. The Socialist convention of 1912 shows the correction of some of the evils of the system. REFERENCES. I. General References: — J. A. Woodburn, Political Parties and Party Problems, 151-216; idem, The Am,erican Republic and its Governm,ent; Jesse Macy, Party Organization, 65-95; P. S. Reinsch, "Elections and Nominations," in his Readings on Am,. State Government (1911), 364- 434; C. L. Jones, Readings on Parties and Elections, 53-114; E. C. Meyer, Nominating Systems, 17-68; G. D. Luetscher, Early Political Machinery in the United States (Philadelphia, 1903) ; C. T. Becker, National Nomi- nating Convention (University of Wisconsin, Madison, 1896) ; F. W. Dallinger, Nom,inations for Elective Office (N. Y., 1897) ; G. W. Lawton, The American Caucus System (1885) ; M. Ostrogorski, "Rise and Fall of the Nominating Caucus," in Am. Hist. Review (1900), V, 253 ff. ; F. W. Whitridge, "Caucus System," in Lalor, Cyclo. of Pol. Sc, I, 357; Hofer, American Prim,ary System, (1896) ; James Bryce, Am,^rican Commonwealth, Vol. II, Part III; G. W. Green, "Our Nominating Ma- chines," in Atlantic, LII (1883), 323-29; E. L. Godkin, "Nominating Conventions," in Nation (April 13, 1876), 240; idem,, "The Nominating System," in Atlantic LXXIX (1897), 450-67; M. Halstead, "The Con- vention at Minneapolis," in Cosmopolitan, XIII (June, 1892), 507-12; R. Ogden, "The New Powers of the National Committee," in Atlantic; LXXXIX (1902), 76-81; E. Stanwood, History of the Presidency (N. Y., 1898) ; A. K. McClure, Our Presidents and How We Make Them (N. Y., 1900) ; Richard Croker, "Running a Campaign to Win," in Collier's Weekly Magazine (October,1900) ; "How the Republican National Con- vention Works for Votes," in Review of Reviews, XXII (Nov., 1900), THE NATIONAL CONVENTION. 35 549-55; "Managing the Democratic Campaign," in ibid., XXII (Nov. 1900), 556-62; John MacCunn, Ethics of Citizenship (2d ed., Glasgow, 1907) ; A. B. Hart, "The Election of a President," in Practical Essays (N. Y., 1893), 58-80; R. L. Ashley, The American Federal State (N. Y., 1906), 438-55; Remsen, Primary Elections; Victor Rosewater, "Nomi- nating a President," in Review of Reviews, XXXVII (1908), 331-35. II. The National Party Conventions of 1912:— On the uneual distri- bution of delegates, consult especially the tables given by C. S. Potts, "The Convention System and the Presidential Primary," in Review of Reviews, XLV (May, 1912), 561-66; supplemented by idem, "The Unit Rule and the Two-Thirds Rule," in ibid., XLV (June, 1912), 705-10. Important, too, are the eight articles on "The Southern Delegates," in Collier's Weegly Magazine, XLIX (1912) : April 6, 13, 27; May 4, 18, 25; June 1, 8. From the mass of magazine writing on the subject, read Andrew D. "White, "The Presidential Convention: A Blot on American Democracy," in McClure's Magazine, XXXIX (Oct. 1912), 719-20, 50; C. M. Harvey, "Chance Drama of Conventions," in World's Work, XXIV (June, 1912), 234-38; "Conventions as Great Shows," in ibid., XXIV (Aug., 1912), 365-66; "How is the President Nominated?" in Ladies Home Journal, XXIX (July, 1912), 16; "Is the Convention System Doomed?" in Na- tion, XCIV (April 11, 1912), 352; "Remodelling Conventions," in Nation, XCV (July 4, 1912), 4; E. L. Fox, "Stampeding the Delegates," in Harper's Weekly, LVI (June 29, 1912), 11-12; W. J. Abbott, "The Two- Thirds Rule: Question of its Abrogation in Democratic National Con- ventions," in Harper's Weekly, LVI (Jan. 6, 1912), 10; R. Barry, "Bal- timore Buckler Throne," in Harpers Weekly, LVI (July 6, 1912), 7; R. W. Child, "Bryan Says 'Boo'," in Collier's Weekly Magazine, XLIX (July 13, 1912), 8-9; idem, "The Question at Chicago," in ibid., XLIX (July 6, 1912), 12-15; Victor Rosewater, "The National Committee and its Work," in Independent, LXXII (1912), 1154-56; idem, "Sidelight on the Contests," in ibid., LXXIII (1912), 120-22; "Way of Conventions," in ibid., LXXII (1912), 1334-35; "Contests at Chicago," in ibid., LXXII (1912), 1333-34; "Chicago and Baltimore," in Ainerican Magazine, LXXIV (1912), 516-26; E. H. Abbott and H. J. Howland, "The Chicago Convention and the Birth of a New Party," in Outlook, CI (June 29, 1912), 470-78; E. H. Abbott, "Game at Baltimore," in ibid., CI (July 6, 1912), 522-27; A. B. Hart, "Two for his Heels: a Study in Convention Ethics, in ibid., CI (Aug. 10, 1912), 822-25; Theodore Roosevelt, "Two Phases of the Chicago Convention: The Steam Roller; Men who live Softly," in ibid., CI (July 20, 1912), 620-30; Uem, "Mr. Taft's Majority, an Analysis," in ibid., CI (July 15, 1912), 520-22; idem, "Thou Shalt not Steal," in ibid., CI (July 13, 1912), 571-76; idem, "Naked Issue of Right and Wrong," in ibid., CI (July 15, 1912), 327-30; "Democratic Convention, 1912," in ibid., CI (July 13, 1912), 577-80; "Chicago Con- vention,"in ibid., CI (June 29, 1912), 453-56; "The Defense of the Re- publican Convention," in ibid., CI (Aug. 10, 1912), 805-808; "Nominating Conventions of 1912," in Review of Reviews, XLVI (Aug., 1912), 191- 96; "Great Republican Split," in ibid., XLVI (August, 1912), 132-41. Read especially W. J. Bryan, A Tale of Two Conventions (New York, 36 PRESENT POLITICAL QUESTIONS. 1912). There is a good unpublished study of the Conventions of 1912 by C. W. Warwick, University of Nebraska, 1912. For special topics, see the references above in the text of this outline. III. Bibliographies : — Library of Congress, List of References on Pri- mary Elections (Washington, 1905) ; idem, List of References on Po- litical Parties (Washington, 1907). Consult the references appended to the chapters in the works of Meyer, Dallinger, Woodburn, and Macy above cited. Section VII. The Direct Primary. I. Suggested Remedies for the Evils of the Delegate-Primary or Corrupt Caucus (Meyer, Nominating Systems, 66-80; Dallinger, Nominations for Elective Office, Part IV ; C. C. P. Clark, The Machine Abolished; Merriam, Primary Elec- tions, 1-67). 1. Remedies proposing to retain and cure the present caucus-convention system. a. The subward scheme (Meyer, Nominating Systems, 67-68 ; R. H. Dana, "Substitutes for the Caucus," in Forum, II (1887), 491-501). h. Proportional and minority representation schemes (Remsen, Primary Elections, 29) . c. The multi-delegate convention plan ; the selection of delegates by lot scheme; the first, second, and third choice system; and other proposed remedies (E. Insley, "How to Reform the Primary Elec- tion System," in Arena, XVII (1897), 1013-23; Remsen, Primary Elections). d. The regulation or legalization of the system plan, 1866-1912 (Merriam, Primary Elections, 1-67; Eaton, in Lalor, Cyc. of Pol. Science, III, 348; Hofer, American Primary System, 58; Meyer, op. cit., 70-71, 83-101 ; and Crossley's article below cited). 1) Regulation of the primary, 1866-80 (Merriam, 9-17; Davis, Hist, of Pol. Conventions in Cal., chap. xvii). 2) Regulation of the primary, 1880-90: influence of new books; "optional" statutes; prohibitory or penalizing laws; election expense measures (Merriam, 18-27). THE DIRECT PRIMAEY. 37 3) Regulation of the primary, 1890-1899: influence of the Australian ballot ; mandatory acts super- sede the optional; city elections; application of general election laws; expenses made a public charge; test of party-allegiance; uniformity of primary day; regulation of party-committees; rudiments of the direct primary appear (Mer- riam, 28-47; Wigmore, Australian Ballot Sys- tem). 4) Regulation of the primary-convention system, 1899-1912: influence of new books; every state takes action ; activity of the National Municipal League ; important conferences and discussions ; tendencies of the preceding decade developed; various regulations of the convention; and of the party committee (Merriam, 48-67; Proceed- ings of the National Municipal League, 1905 and 1906 ; Proceedings of the American Political Science Association, 1907, pp. 175-89). 2. Remedies which contemplate abolition of the present system and the substitution therefor of a new sys- tem (Meyer, op. cit., 71 flf.). a. The Clark System (C. C. P. Clark, The Machine Abolished; Meyer, op. cit., 71-72). 6. The open book method (Nation, July 2, 1868 ; R. H. Dana, in Forum, II (1887), 491; Meyer, op. cit., 73-74) . c. The direct primary: why it is superior to either the "instructed" or the "uninstructed" delegate system (Meyer, op. cit., 74-80, 58-62; J. S. Mill, Representative Government). See II next follow- ing. II. Analysis of the Direct-Primary System, 1899-1912 (From 1908 onward the best summaries of the legislation of the states are by L. E. Aylsworth, in American Political Science /2emew, II (1908), 578-85; III (1909), 563-65; IV (1910), 569-71 (Illinois), VI (1909-1910), 60-74). 1. The beginning, before 1899 (Merriam, 68-69 ; Meyer, 83 ff. ; Hemstead, "The Crawford County or Direct 38 PRESENT POLITICAL QUESTIONS. Primary System," in Proceedings of The Nat. Munic. League, 1901, pp. 197-217; Woodruff, Conference on Practical Reform of Primary Elections, 1898, pp. 51-56; Proceedings of Michigan Political Science Ass., 1905, pp. 3-72; references in Merriam, 289 ff.). 2. General results of the legislation of the states (Meyer, 102-258; Merriam, 68-90; Aylsworth, as above cited) . a. The first laws applied usually to particular cities or localities. b. The Wisconsin Law of 1903 the first efficient state- wide act (Merriam, 70). c. Classification of states according to the character of their direct primary laws (Merriam, 88-90, to 1908). 1) "States having mandatory laws covering prac- tically all offices" : Illinois, Iowa, Kansas, Louis- iana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Washington, Wisconsin. To these added in 1909-13 : California, Colorado, Arizona, Idaho, Nevada, Pennsylvania, Ohio, New York, Mon- tana. 2) States having statewide optional laws: Alabama, Florida, Kentucky. 3) States having mandatory laws of limited appli- cation: Minnesota, Tennessee, Michigan, New Jersey. 4) States having optional or mandatory laws cover- ing certain localities or offices: Connecticut, Delaware, Indiana, Maine, Massachusetts, North Carolina, Rhode Island. d. Note that "practically all of the southern states have party rules providing direct primaries for nearly all offices" (Merriam, 89; Meyer, 146-62). 3. The essential provisions of a direct primary law (Mer- riam, 73-87, 136 ff.; Meyer, 397-410). a. The method of nominating candidates : petition, per- THE DIRECT PRIMARY. 39 centage or number of signers; designating as- sembly; fees; names on the ballot (Cf. Aylsworth, in Am. Pol. Sc. Review, VI, 65-66) . b. Number required for nomination: plurality; ma- jority; percentage less than majority; merits of a "second primary" vs. preferential vote as by the restricted Washington law, 1907, and the Idaho law, 1909 (Aylsworth, in Am. Pol. Sc. Review, III, 563-65, VI, 64, 68). c. Method of framing the platform : value of the Wis- consin method, 1903; other plans; submission of constitutional amendments or questions of public policy, as by Texas acts, 1905 and 1907; candi- dates' statement of principles in petition and on the ballot (Aylsworth, op. cit., VI, 70-73). d. Scope of the law: to what offices does it apply (Mer- riam, 83-88, 158-67). 1) State and local officers. 2) Municipal officers (Jones, 67-70 ; Meyer, 324-29) . 3) United States representatives. 4) United States senators (Aylsworth, in Am. Pol. Sc. Review, III, 394-95 : Nebraska laws ; idem, in ibid., VI, 64: seven new states adopt this plan; G. H. Haynes, The Election of Senators, 1906, pp. 259 flf.; Jones, 136 ff.; Meyer, 448-50). 5) Delegates to the national convention: the Wis- consin act of 1905; the Pennsylvania act of 1906 ; wide use in presidential campaign of 1912. 6) Party officers (Merriam, 161-62; Aylsworth, op. cit., VI, 69-70). 7) Presidential electors. III. The Direct Primary at Work: Is it Superior to the In- direct Primary? (Merriam, 117-76; Meyer, 260-396; Ford, Rise and Growth of American Politics, taking hostile po- sition; Dallinger, Nominations for Elective Office). 1. It secures a larger vote. 2. It costs more (compare Meyer, 379-86). 3. It does not call out an excessive number of candidates. 40 PRESENT POLITICAL QUESTIONS. 4. Is the class of candidates superior ? Are they more re- sponsible? (Meyer, 315-22). 5. Is the purpose of the direct primary easily defeated by the machine through lists, secret caucuses, party conventions? Is the "slate" more easily broken? (Meyer, 298-301). 6. Does it destroy party? Is there special danger of "faction"? (Meyer, 264-76). 7. Does it give the press too much power? (Meyer, 310- 14). 8. Does it favor the demagogue? 9. Does its success largely depend on the short-ballot, merit system, and pure Australian ballot? (Mer- riam, 167-76 ; P. L. Allen, "Ballot Laws and their Workings," in Pol. Sc. Quarterly, XXI, 38; Meyer, 420-72) . 10. Summary. IV. Relative Merits of the "Closed" and the "Open" Direct Primary (Meyer, 330-51; Merriam, 146 ff.). 1. Is a "party-test" needed? 2. The party registration. 3. The "open" primary abolishes the party-test. a. Minnesota law, 1899-1901. b. The Wisconsin law, 1903. c. The former Missouri law (repealed, 1909). d. The Nebraska law of 1909 (repealed, 1911). e. New laws of Colorado and Idaho (Aylsworth, in op. cit., VI,66-67). V. Relative Merits of the Direct Primary and Nomination by Petition Only (Merriam, 164-67, and the literature by him cited; Aylsworth, in Am. Pol. Sc. Rveiew, III, 395-96 (Ne- braska law, 1909). VI. Judicial Interpretation of Primary Election Laws (Mer- riam, 91-116, and the literature cited by him; Meyer, 352- 73). THE DIRECT PRIMARY. 41 REFERENCES. I. Select General References: — For careful summaries of recent legis- lation the best authority is L. E. Aylsworth, in American Political Sci- ence Review, II (1908), 578-85, III (1909), 563-65, IV (1910), 569-71 (Illinois), VI (1909-1910), 60-74. The best two books for class use are C. E. Merriam, Primary Elections (Chicago, 1908) ; and E. C. Meyer, Nommating Systems (Madison, 1902). Consult: P. S. Reinsch, "Elec- tions and Nominations," in his Readings on Am. State Government (1911), 364-434; C. L. Jones, Readings (N. Y., 1912); W. T. Branson, "Tendencies in Primary Legislation," in Annals (1899), XIII, 346 ff.; Jesse Macy, Party Organization, 56-57, 60, 136, 194, 196; J. A. Wood- burn, Political Parties (N. Y., 1903), 283-94; F. W. Dallinger, Nomi- nations for Elective Office, being Harvard Historical Studies, IV (N. Y., 1897) ; M. Ostrogorski, Democracy and the Organization of Political Parties (N. Y., 1902); idem..,' Democracy and the Party System in the United States (N. Y., 1910) ; D. C. Macmillan, Elective Franchise (1878, 1898) ; G. W. Lawton, American Caucus System (N. Y., 1885) ; D. B. Eaton, The Independent Movement in New York (N. Y., 1880) ; Albert Stickney, Democratic Government (N. Y., 1885) ; Daniel Remsen, Pri- mary Elections (1894) ; E. Hofer, The American Primary System (1896) ; C. C. P. Clark, The Machine Abolished (1900) ; J. H. Dough- erty, Electoral System of U. S. (N. Y., 1906) ; C. E. Merriam, "State Central Committees," in Political Science Quarterly (1904), XIX, 224- 33; C. K. Lush, "Primary Elections and Majority Nominations," in Am. Political Sc. Review, II, 43 ff. Read especially the papers in Proceedings of the Michigan Political Science Association (1905) ; in Proceedings of the National Municipal League, particularly for 1901, 1904, 1905, 1906, 1907; in Proceedings of the American Political Science Association, IV (1907), 14J.-88 (by Smith, Haynes, Garner, Macy, Merriam); VII (1910), 138-98, 210-24 (by Jones, Loeb, Horack, Beard, Hartwell) ; and the Report of the National Conference on Practical Reform of Primary Elections (1898) ; E. C. Meyer, Wahlamt und Vorwahl in den Vereinigten Staaten (Leip- zig, 1908) ; G. H. Haynes, The Election of Senators (N. Y., 1906) ; T. Roosevelt, Essays on Practical Politics (N. Y., 1888) ; Margaret Schaffner, Wisconsin Comparative Legislative Bulletins on.. Corrupt Practices, Majority Nominations, Party Affiliation; J. T. Crossley, "The Regulation of Primary Elections by Law," in Iowa Journal of History and Politics, I, 165 ff. ; Robert M. La Follette, "Menace of the Machine," in University of Chicago Record, Mch. 5, 1897; G. D. Luetscher, Early Political Machinery in the United States (Philadelphia, 1903) ; A. C. Bernheim, "Party Organizations and their Nominations to Public Office in New York City," in Political Science Quarterly, III (1888), 99-122; A. N. Holcomb, "Direct Primaries and Second Ballot," in American Political Science Review, V (1911), 535-52; Arthur Ludington, "The New York Direct Primary Bill," in ibid.. Ill (1909), 371-81; S. G. Lowrie, "Second Choice Nominations," in ibid., V, 600-604; Burton J. Hendrick, "Statement No. 1: How the Oregon Democracy, working under the Direct Primary, has destroyed the Political Machine," in McClure's Magazine, XXXVIII (1912), 505-19. Bibliographies: — Library of Congress, List of References on Primary 42 PRESENT POLITICAL QUESTIONS. Elections (Washington, 1905) ; idem, lAst of References on Political Parties (Washington, 1907) ; idem, List of References on the Popular Election of Senators (Washington, 1904) ; idem, Additional References, on the same (Washington, 1911) ; New York State Library, Bibliography on Direct Nom,inations: Legislative Bulletin, 30 b (Albany, 1906). There are also useful lists in Merriam, 289-95; Meyer, Nominating Systems, 411-15, and at end of chapters; in his Wahlamt; and in Dall- inger's work. Section VIII. Protection of the Ballot and the Safe- guard OF Elections. A. Origin of the Secret Ballot. I. Ancient Beginnings of the Ballot. 1. In Greece (Schomann, Antiquities of Greece, 385, 395, 487-88 ; Gilbert, Constitutional Antiquities of Sparta and Athens (London, 1895), 309-10, 410-14; Smith, Dictionary of Greek and Roman Antiquities, I, 818- 19; Grote, History of Greece (London, 1849), IV, 202-19, VII, 146-48; Botsford, History of Greece, 83 ; "Ballot," in Encyclopaedia Britannica, III, 279) . a. Use of shells, discs of bronze, wax tablets, or other objects by the dicasts in giving verdicts in the Athenian Heliastic courts. b. Use of a potsherd (ostrakon), a marked shell, or other forms of ballot by the assembly (ecclesia) in cases of "privilege": exile, naturalization, re- lease of state debtors, etc. c. In Syracuse, "petalism," or vote by words on olive- leaves, practiced. d. Other precedents of secret ballot in Hellas. 2. In Rome (Smith, Dictionary of Greek and Roman An- tiquities, II, 751-52; Cornish, Dictionary of Greek and Roman Antiquities, 608; "Ballot," in Encyclo- paedia Britannica, III, 279). a. When voting on laws, in judgments, and in elec- tions, written tickets in form of wooden tabellae were used by the assemblies (comitia). b. Tabellae were also used by the Roman judices in deciding cases. 8. Survivals of the original ballot (vote with balls) in the college of cardinals and in modern clubs. PROTECTION OF THE BALLOT. 43 II. Rise of the Ballot in the English Colonies of America (Howard, Local Constitutional History of United States, I, 352-55; McKinley, Suffrage Franchise in the English Colonies, Index, at "Ballot"; Bishop, History of Elections in the American Colonies, 98 if., 226 ff ., especially 127-202 ; Haynes, "Representation and Suffrage in Massachusetts," in J. H. U. Studies, XII, 373-460, especially 402, 404, 450 ; Ford, Rise and Growth of American Politics, 5-7 ; Baldwin, "Early History of the Ballot in Connecticut," in American Historical Association, Papers, IV, 407-22; and the works of Campbell below cited). 1. In the New England Colonies. a. Church elections : Ballot used in the church at Salem, 1629 (McKinley, 310; Campbell, The Puritan, II, 431 ff.; Haynes, 450, note 2). b. Election of governor, assistants, and other colonial officers, usually in the "general court" or its equiv- alent : Ballot by written papers or by use of beans or corn, whether directly delivered or by "proxy" (Bishop, 127-40 (proxy system), 140-54 (ballot). 1) Massachusetts. a) Ballot first used in election of governor 1634; for choice of deputies, 1635; and in proxy-voting, 1635-7 (Winthrop, History of New England, I, 132; Mass. Col. Records, I, 157, 166, 185, 188. Cf. Bishop, 129 ff.; Mc- Kinley, 310 ff. ; Washburn, Judicial History of Mass., 19-20 ; Howard, I, 352. For ballot with beans (1643) and with papers (1647), see Mass. Col. Records, II, 42, 220; and Howard, 352. For election procedure in the general court, see Lechford, Plaine Dealing (London, 1642), 24-25). 6) Ballot used in the nominating system (How- ard, I, 352-55). 2) Plymouth: Ballot used in the proxy system (after 1647) ; and in direct voting for colonial officers and even town-raters (Plym. Col. Records, II, 118, XI, 10-42, 59, 79-80, 157. Cf. Bishop, 132-33, 146; McKinley, 349 note 6; Brigham, 44 PRESENT POLITICAL QUESTIONS. The Compact, 40-41, 89, 94, 108-109, 258; Haynes, 450 note 2). 3) New Haven: Ballot used in the proxy system (New Haven Col. Records, I, 111, 113, 114 (1643), II, 567-68. Cf. Bishop, 137-38, 149). In voting, papers, corn, and beans were used (McKinley, 397). 4) Connecticut. a) Ballot used in proxy system from an early date (Conn. Col. Records, I, 21-22, 340 (ca. 1660), 346, II, 131-32, 133, IV, 11; Session Laws, 1715, p. 30). But the proxy system was temporarily suspended under the charter of 1662 (McKinley, 407; Baldwin, in New Haven Colony Historical Society, Papers, V, 192). 6) From 1638, deputies were chosen by ballot (Conn. Col. Records, I, 21). c) Vote by acclamation for public officers after 1662 (Baldwin, in American Historical Asso- ciation, Papers, IV, 407 ff.). d) Ballot used in the nominating system (Conn. Col. Records, 1665-77, 133, 141; ibid., 1689- 1706, 11, 81, 223-24; McKinley, 417; Baldwin, in American Historical Association, Papers, IV, 407 ff. In general on the ballot in Con- necticut, see Bishop, 150-55; McKinley, 411, 416-18). 5) Rhode Island: Signed ballots used in the proxy system; and unsigned (secret) ballots when voting in person except for a time after 1715. (In general, consult McKinley, 437 ff., 442-43, 463-67; and Bishop, 134-37, 146-49, where the original records are cited in detail). 2. In the Middle and Southern Colonies. a. The Jerseys till 1702. 1) West Jersey: By the "Concessions and Agree- ments," 1676, viva voce voting is repudiated, and elections are to be determined by "putting Balls PROTECTION OP THE BALLOT. 45 into Balloting Boxes" (Learning and Spicer, Grants, Concessions, and Original Constitutions, 385, 405; Bishop, 166; McKinley, 245-47). 2) East Jersey: Ballot is provided for by the "Fundamental Constitutions" of 1683 (Learn- ing and Spicer, 153; New Jersey Archives, I, 397; Bishop, 166-67). 6. Pennsylvania: William Penn provided that all elec- tions should be by ballot (Pa. Col. Records, I, 33 (the First Frame), 42 (Charter of 1682-3), 279 (ballot with beans). Later the ballot was carefully regulated by statute (the sources are cited by Bishop, 167-71; and by McKinley, 274-85). Was Penn influenced by Dutch precedent? (Campbell, The Puritan, II, 431 ff.) ; or by Har- rington's Oceana? (Chalmers, Political Annals, 642.. Cf. Bishop's discussion, 167). c. Delaware: Elections by ballot as in Pennsylvania (Bishop, 171-72; McKinley, 270-72). In both Delaware and Pennsylvania, the law permitted il- literate persons to vote "verbally," i. e., by con- temporary English method (McKinley 270; Bishop, 169-70). d. North Carolina: Vote by written "list" existed by statue, 1715-1743; by secret ballot in general elections, 1743-1760 ; and in parish elections, 1751- 1754 (North Carolina Col. Records, II, 213-16; Davis, Laws (1715), 177-80, 352; McKinley, 92, 101-102, 111, 113, 118-19; Bishop, 173-74). e. South Carolina: Use of the written ballot may have existed from 1863 (Rivers, South Carolina, Appendix, 406; Bishop, 174). By the statutes of 1704, 1716, and 1719, op- tional ballot or viva voce voting is sanctioned (Cooper, Laws, II, 249, 683, III, 50). In the vote for representatives in parishes, "scrolls " or writ- ten "papers" were used as ballots. The first elec- tion held at Port Royal, 1670, seems to have been by some form of written list or subscription (S. C. 46 PRESENT POLITICAL QUESTIONS. Historical Society, Collections, V, 291; Charleston Year-Book, 1883, 371; McKinley, 124, 141, 145- 46, 151, 154, 156-57; McCrady, South Carolina, I, 199 note; Bishop, 174-75) . /. New York, New Jersey (after 1702), Maryland, Virginia, and Georgia : Viva voce voting prevailed during the colonial period. 3. Is Douglas Campbell's theory of the Duth origin of the American ballot sound? (Campbell, The Puritan, I, 50, II, 430-36 ; idem, "The Origin of American In- stitutions, as illustrated in the History of the Writ- ten Ballot," in Am. Hist. Association, Papers, V, 163- 86). Consider that the ballot had long been used in English municipal corporations; in the English uni- versities for their officers (MuUinger, The Univer- sity of Cambridge, 1, 144-45, II, 72, 140-41, III, 56-59 ; Cox, Recolections of Oxford, 66 ; Present State of the Universities (London, 1744), I, 284, 288, 419; cited by McKinley, 16) ; in the same universities, after the charter of 1603, in voting for members of parlia- ment; that Thomas More suggested the secret ballot in his Utopia; and that the opportunity to adopt this reform may be sufficient explanation of the action of the colonists in their new home. III. Progress of the Ballot in the United States before the Advent of the Australian Ballot, 1776-1885. 1. By 1775 election by ballot existed throughout New Eng- land; also in Pennsylvania, Delaware, South Caro- lina, and North Carolina (practice interrupted, 1760; see above). 2. The ballot was established in New Jersey, 1776; New York, 1778; Kentucky, 1819; Arkansas, 1846; Illi- nois, 1848 ; Missouri, in part 1845 ; in general, 1863 ; Virginia, 1869 ; Maryland and Georgia, before 1850. 3. Note that, of the new states created after the adoption of the constitution, Kentucky, Arkansas, Illinois, and Missouri had no ballot for a time after admission to the Union. All other new states have had the ballot from the beginning. PROTECTION OF THE BALLOT. 47 4. Character of ballot laws during this period (Encyclo- paedia Britannica, III, 281). a. Most of the states prescribed the form of the ballot and regulated the count of the vote. 6. But the printing and distribution of the ballots on election day usually left to committees of the po- litical parties. c. As a result, with the growth of wealth and the de- velopment of machine politics, ballot frauds and scandals of every sort arose (for more detailed analysis, see sections below). B. The Reform of the Ballot Under State Control. I. Birth of the Australian Ballot (Wigmore, The Australian Ballot System, 1-9 ; W. H. Glasson, "The Australian Voting System," in South Atlantic Quarterly, VIII, 132-42 ; Frank Parsons, The Story of New Zealand, 93-94, 168; C. A, Beard, American Government, 675-76; M. Ostrogorski, Democracy and the Organization of Political Parties, II, 346, 349, 500-507; idem. Democracy and the Party System in the United States, 208-209, 211, 331-34, 431). 1. Definition and character of the pure Australian ballot. a. Alphabetical or other impartial arrangement of the names of all candidates for each office, without in- dication or suggestion of party affiliation. Party- columns, party-groups, party-emblems, party- circles for "straight voting," and like devices of the machine politician are rigorously excluded. b. Effective provisions to secure secrecy in marking and casting the ballot; and proper protection of the voter from partisan influences near the poll- ing place. 2. The initial epoch-making legislation of South Australia. a. Evils of the old system of open viva voce voting pro- voking remedial legislation : "Rioting and violence, bribery, intimidation, and coercion" (Wigmore, 3) . b. Work of the "father of the measure," Francis S. Button, 1851-65 : he proposed the secret ballot as early as 1851; and in 1857, aided by Attorney- General Hanson, framed the ballot bill. 48 PRESENT POLITICAL QUESTIONS. c. The South Australian Elections Act, 1857-8, as ex- tended and modified by later legislation. 1) Applies to all elections. 2) Provisions (see the revised act of 1879 in Wig- more, 68-74). 3) Results of the legislation highly satisfactory. d. Similar acts have been adopted in the other Austra- lian states and in New Zealand (Wigmore, 3-8, 75- 84, 133-36). II. Rise of the Australian Ballot in Great Britain: The Bal- lot Act of 1872 (35 and 36 Victoria, c. 33) : Following the South Australian Method, with Requisite Modifications. 1. Characteristics of the old open system of voting (May, Constitutional History (ed., 1912), I, chap. vi. 220- 308, III, 24-27; Lowell, Government of England I, 219; Bishop, op. cit., 150-60; Stubbs, Constitutional History, III, 417-39, passim; Wigmore, op. cit., 9-14; 1-118, passim, II, 115-42, passim; Howard, Prelimin- aries of the Revolution, 31-36; McKinley, op. cit., 1-16 ; the works of Cox, Oldfield, Goadby, Grego, Mc- Carthy, Kelly, and others below cited). a. Method of voting and the conduct of elections. b. Vices of the system (McCarthy, Own Times, IV, 308, 310-11; May, I, chap, vi; Wigmore, 10-13. See also Stubbs, Cox, Oldfield, Grego, Brabourne, Mill, Porritt, and others below cited) . 2. Origin of the movement for the secret ballot (May, I, 273-74, 279-80, 299, II, 114, III, 22-27; Smith, History of the English Parliament, II, 537-38, 546; Encyclo- paedia Britannica, III, 280-81; New International Encyclopaedia, II, 434-35). a. Suggested by Sir Thomas More in Utopia; and by Harrington in Oceana (Toland's ed., 1700, pp. 54- 55, 95 flf., Ill ff., passim). b. Used in the Scots parliament of 1662 ; and proposed for a parliament by Fletcher of Saltoun, 1705. c. Under Charles II, championed by Andrew Marvell, PROTECTION OF THE BALLOT. 49 The Benefit of the Ballot with the Nature and Use thereof, particularly in the Republic of Venice (reprinted, London, 1693). d. Secret voting carried in the Commons, 1710; but rejected in the Lords. e. Urged by the Benthamites, 1817 (May, I, 300 note 1 ; Edinburgh Review, June, 1818, p. 199) ; pro- posed in parliament by Sir Francis Burdett, 1818- 19; inscribed on banners at the "Peterloo mas- sacre," 1819; and urged in a speech by David Ricardo on Lord John Russell's motion, 1823 (Ricardo, Works, 559-64. Cf . May, I, 273-74) . /. Advocated by James Mill, 1830 (Westminster Re- view, XIII, 1-39) ; in the same year a bill for the ballot was introduced by O'Connell (May, I, 279- 80) ; and contained in the original draft of the Reform bill of 1832, on suggestion of Durham and Duncannon. g. Supported by Grote, 1833-39, who invented a "bal- lot-frame" (on this see Spectator, X, 184). In The Ballot (London, 1839) Grote was ridiculed by Syd- ney Smith. h. Advocated by Macaulay, Ward (1842), Berkeley (1848), Hume, Bright, Gladstone (May, I, 300; McCarthy, IV, 309-10). i. A point in the People's Charter, 1838 (May, II, 114; McCarthy, I, 114). j. In 1851 carried in Commons by a majority of 51, in opposition to Lord John Russell's liberal min- istry. k. A proximate cause of parliamentary action was the notoriously corrupt election of 1868; followed by the appointment of Lord Hartington's Committee on Parliamentary Elections, whose Report, 1870, strongly stated the probable good effects of the secret ballot. I. Influence of Australian experience: in 1869 was made a successful "test ballot" on the Victorian plan at Manchester and Stafford, England. 50 PRESENT POLITICAL QUESTIONS. m. Chief grounds of conservative opposition to the sec- ret ballot: It would foster lying and hypocrisy: Sydney Smith imagined "voters in dominos going to the polls in sedan chairs with closely drawn cur- tains" (Consult Balthasar, Reasons Against the Ballot; James Mill, in Westminster Review, XIII, 1-39 ; a conservative writer in ibid., CXV, 443-56 ; another in Edinburgh Review, XCVIII, 603-17; McCarthy, IV, 313-15; the articles of Goadby and Asquith, with the other references on the ballot in England below cited). 3. Analysis of Foster's Ballot Act, 1872 (May, III, 25-27 ; McCarthy, IV, 307-308, 316-17; Lowell, Government of England, I, 219 ff. ; Morley, Gladstone, II, 370) . a. Voting procedure under the act and supplementary legislation. 1) Balloting and conduct of the polls essentially that of the pure Australian system (Good sum- mary in Encyclopaedia Britannica, III, 280) . 2) Viva voce nominations at the hustings abolished; and written nominations provided for. h. General provisions : punishment of personation ; new offences created. See below on "corrupt practices." c. Results of the act (see especially the articles of Goadby and Asquith cited below) . 1) Moral: bribery lessened; intimidation, coercion, personation, repeating, and disorderly conduct checked; deception and hypocrisy not fostered; "purity, freedom, and decency" advanced. 2) Political : strengthened the Liberal party in Eng- lish rural districts; and "dislodged the political power of the Irish landlord" (Morley, Gladstone, II, 370). III. Rise of the Australian Ballot in the United States, 1885- 1888. 1. Origin of organized effort for the system : a. In Massachusetts ca. 1885-86 (Dana, Practical Work- ing of the Australian System of Voting in Massa- PROTECTION OF THE BALLOT. 51 chusetts, 3-4. Cf. Bacon, The Ballot: Dangers from its Perversion, Cambridge, 1881). 6. In New York: Yates-Saxton Bill prepared by the Commonwealth Club and the City Reform Club, 1887 : passed by the legislature, but vetoed by Gov- ernor Hill. A new bill prepared, 1889 (Wigmore, Australian Ballot System, 24-25, 122-32, 153-55; Ivins, Electoral Reform and the History of the Yates-Saxon Bill; Electoral Reform, with the Mass. Ballot Reform Act and the New York (Saxton) Bill, New York, 1889). e. The effective Kentucky Law, Feb. 24, 1888, for Louis- ville (Wigmore, 22-24, 116-21, text of act; Ken- tucky Laws, 1877-8, c. 266; Beard, American Government and Politics, 676-77) . d. The rudimentary Wisconsin statute for cities of 50,000, 1887: slight influence of the Australian method. e. Failure of a reform bill in Michigan, 1888. The Massachusetts law of 1888 : The first statewide ap- plication of the Australian ballot system (Wigmore, 25-26, 37-67, giving the text with cross-references to other laws. Cf. Beard, American Government and Politics, 677. For the text, with changes in 1890 and 1893, see Supplement to the Public Statutes of Mass., 1882-88, pp. 817-24 ; ibid., 1889-95, pp. 284, 817)". a. Essential provisions. 1) Compulsory secrecy in polling. 2) An oflicial ballot printed, and distributed at the polls, under state or municipal authority. 3) Form of ballot: a "blanket" ballot of the office- group type with names of candidates aranged al- phabetically in each group. Inferior to the South Australian model in giving the party designation of each candidate. b. Other provisions. c. Success of the system (Dana, Practical Working, 4 ff. ; idem, The Corrupt Practices Act, the Nominat- ing Machinery, and the Australian Ballot System in 52 PRESENT POLITICAL QUESTIONS. Massachusetts, 1906, pp. 9-21; Wigmore, 29 ff.; Binney, Ballot Reform essential to Free and Equal Elections, 1889). IV. A Quarter-Century's Progress of the Australian Ballot in the United States, 1888-1913. (For a digest of the legisla- tion, see Arthur Ludington, American Ballot Laws, 1888- 1910 ; supplemented by his Summaries in American Political Science Review as below cited. Cf. also, Wigmore, 27-28; "Ballot" in Encylclo. Britannica, III, 281 ; and Beard, Amer- ican Government and Politics, 672-85). 1. Results at the close of two decades: November, 1908 (Ludington, "Present Status of Ballot Laws in the United States," in American Political Science Re- views, III, 252-61. Compare with Beard, American Government and Politics, 672-83), a. Forty-one states and territories have sanctioned a "blanket" ballot, with the names of all candidates, printed at public expense, for practically all elec- tions; but not always including local or primary elections. 1) Twenty-eight of these have the blanket ballot with party-column and usually provision for straight voting by a single cross. a) Of these, sixteen have also the party-emblem: Ala., Arizona, Del., Id., Ind., Kan., Ky., La., Mich., N. Hamp., N. Y., 0., Okl., R. I., Utah, W. Va. b) The other twelve have not the party-emblem: Cal., 111., la.. Me., Mont., N. Dak., S. Dak., Tex., Vt, Wash., Wis., Wy. 2) Thirteen have the Massachusetts blanket ballot, without party column, but with variations in ar- rangement of names in the office-groups. Col., Neb., and Pa. have special devices for "straight" voting. a) Six have the alphabetical order: Col., Md. in part (1908), Mass., Nev., Ore., Tenn. b) Three arrange according to size of last party- vote: Minn., Neb., Pa. PROTECTION OF THE BALLOT. 53 c) Four have no prescribed order: Ark., Fla., Miss., Va. 6. Seven states have made little or no progress. 1) Three have separate party-ballots, printed at pub- lic expense: New Mexico, Missouri, and New Jersey. In Missouri the ballots of all parties are distributed at the polls on election day and only by election officers. The law of New Jer- sey is very lax, favoring fraudulent voting (Re- port of Investigating Commission, 1908; Lud- ington, 254). 2) Four have rudimentary unreformed methods: Connecticut, Georgia, North Carolina (except one county), South Carolina; but Connecticut passed a corrupt practices act in 1905 (Whitten, in Am. Pol. Sc. Rev., I, 250-51). c. Observations on the laws, 1908 (Ludington, 258- 59). 1) In the South, where adopted, the Mass. type of Australian ballot appears in cruder form than in the more advanced Northern states, perhaps because political interest centers in the primary rather than in the election. 2) In fourteen states with party-column ballot, fu- sion and non-partisan voting are hampered by the rule that a candidate's name shall appear in but one place on the ticket : Id., Ind., la., Kan., Ky., Mich., Mont., N. Dak., S. Dak., Tex., Vt, Wash., Wis., Wy. (with Ludington compare Beard, American Government and Politics, 682- 83). Similar bad laws repealed in Ohio and vetoed in New York in 1908. 3) Six states with party-column abandoned the Mass. type after adoption: N. Hamp. (1897), La. (1898), Cal. (1899), Mont. (1901), Ala. (1903), R.L (1905). Results after five years more, 1913 (Ludington, "Ballot Laws," in Am. Pol. Sc. Rev., IV, 63-68, 207-12, V, 579-85, VI, 54-60). 54 PRESENT POLITICAL QUESTIONS. a. Connecticut, 1909, adopts blanket ballot with party- column and party-circle (Ludington, IV, 62-63). b. Oklahoma, 1909, secures the Massachusetts type of ballot, without party-emblem or party-designation of candidates. c. Wisconsin, 1909, adopts a coupon ballot (Luding- ton, 65-67). d. Active work toward the Australian method in New York and Pennsylvania, 1909 (Ludington, IV, 207-12). e. New Jersey, 1911, under leadership of Woodrow Wilson, passes the splendid Gerran law (Laws, 1911, c. 183; Ludington, V, 579-85). 1) Massachusetts type of blanket office-group ballot. 2) Excellent provisions for registration for pri- maries and elections. Compare with the Oregon law. /. Legislation of 1911 (Luding, VI, 54-60). 1) California adopts the office-group plan by the ro- tation system, 1911. 2) New Hampshire and Wyoming retain the party- column, but abolish the party-circle and special provisions for straight voting: similar to the system of Iowa and Montana. 3. Classification of the general forms or types of Austra- lian ballot in use in the United States since 1888 (Cf. Beard, American Government and Politics, 679-83). a. The straight Massachusetts or office-group type: the names of the candidates of all parties, with or without party-designations, aranged in alpha- betical or other order under the title of each office, and permitting but one mode of marking the ballot, i.e., by a cross opposite the name of each candidate voted for. 6. The Indiana or party-column type (First adopted in Indiana, Laws, 1889, p. 157) : a blanket ballot, with a column for each party, and a circle or other device to facilitate straight voting by a single cross ; and often a party-emblem. PROTECTION OF THE BALLOT. 55 c. The modified Massachusetts or office-group type, with special provision for straight voting: exists (1911) in Colorado, Nebraska, and Pennsylvania. d. The modified Indiana or party-column type, without special provision for straight voting by a single cross (First appears in Missouri, May 16, 1889 (Beard, op. cit., 680: now (1911) exists in Iowa, Montana, New Hampshire, and Wyoming. 4. Progress in the adoption of the non-partisan ballot for local, judicial, and municipal offices: in California, Delaware, Ohio, Washington, and Wisconsin. In New York, the pernicious Levy law, so far as prevent- ing fusion, declared unconstitutional, 1911. The tendency strong in the laws and charters for com- mission city government. 3. Comparison of the best ballot acts: those of Massa- chusetts, Oregon, New Jersey, and Wisconsin. Is the Nebraska law up to the level won by the most progressive states? 4. Should "compulsory" voting be established? (F. W. Hells, Compulsory Voting, 2d ed., Philadelphia, 1896. Cf. also Ostrogarski, Democracy and the Party Sys- tem, 262) . Compulsory voting is established in New Zealand (Parsons, Story of New Zealand, 245). 5. Should ballot by mail be legalized, as in New Zealand and Nebraska (Parsons, Story of New Zealand, 170; Nebraska Session Laws, 1911). 6. Should "progressive suffrage" be sanctioned? (Advo- cated by Frank Scott, The Evolution of Suffrage, N. Y., 1912). REFERENCES I. The Ballot in England: — On election procedure and abuses under the old British system of open voting may be consulted William Stubbs, Constitutional History (Oxford, 1891), III, 417-39, passim; Homersham Cox, Antient Parliamentary Elections (London, 1868) ; Thomas E. May, Constitutional History (3 vols., London and New York, 1912),.!, chap, vi. 220-308, III, 24-27) ; George Elliott Howard, Preliminaries of the Revolution (New York, 1905), 31-36; Porritt, Unreformed House of Commons, I, 1-118, II, 115-42, passim; G. B. Smith, History of the English Pa/rliament (London, 1892). J. B. MuUinger, The University of Cambridge (3 vols., Cambridge, 1873-1911), I, 144-45, II, 72, 140-41, 56 PRESENT POLITICAL QUESTIONS. Ill, 56-59, shows the ballot in use in the English universities from early- days. An excellent historical account is Edward L. Pierce, Secret Suffrage, with Notes by James Mill (Ballot Society, London). The scenes and proceedings at British elections are discussed by Lord Bra- bourne, "Old Elections in England," in Blackwood's Magazine, CLI, 763- 87, CLII, 38-53, 248-66, 688-703 (Edinburgh and London, 1892). Many important facts are presented in a series of articles by an anonymous writer, who does not like the secret ballot, in Edinburgh Review, XCV, 213-80, XCVI, 452-508, XCVIII, 566-636 (Edinburgh, 1852-53). A mass of matter relating to elections and abuses of elections under the old regime is given by T. H. B. Oldfield, Representative History (Lon- don, 1816), especially vol. VI; and this may be supplemented from idem. History of the Boroughs of Great Britain (2d ed., London, 1794). An interesting short article is "Curiosities of Old Parliamentary Elections," in Chamber's Journal, LVIII (London, 1881), 710-12. An entertaining book, with many cartoons after Hogarth, Rowlandson, Gillray, and Cruikshank, is Joseph Grego, A History of Parliamentary Elections and Electioneering (London, 1886) ; and this may be read to advantage in connection with Benjamin Disraeli's Conigsby and Charles Dickens' Pickwick Papers. Some of the early suggestions and efforts for the ballot are mentioned above in the text. For the struggle preceding the victory of 1872, con- sult Justin McCarthy, Own Times (5 vols., London, 1879-97), IV, 307- 17; A. L. Lowell, Government of England (N. Y., 1909), I, 119 ff.; David Ricardo, "Speech on the Plan of Voting by Ballot," in Works (London, 1852), 559-64; James Mill, "The Ballot," Westminster Review, XIII (London, 1830), 1-39; Sydney Smith, The Ballot (London, 1839) ; E. C. Whitehurst, The Ballot: A Reply to Sydney Smith and Lord John Russell (London, 1854) ; Balthazar, Reasons Against the Ballot (Newcastle- upon-Tyne, 1831) ; Fallacies Against the Ballot, with the Answers (Lon- don, 1855); Facts about the Ballot (London, 1857). Some testimony is given by Edwin Goadby, "The Ballot in England: its History and its Practical Workings," in Political Science Quarterly, III (N. Y., 1888), 654-76; by H. M. Asquith, "The Ballot in England: its Legal Incidents," in ibid., 676-81; more recently by Sydney Brooks, "English and Amer- ican Elections," in Harper's Magazine, CI (N. Y., 1900), 329-44; and again idem, in Fortnightly Review, XCIII (London, 1910), 246-56. Stan- dard technical treatises are Ward, The Law Relating to Parliamentary and Municipal Elections (2d ed., London, 1886) ; F. N. Rogers, On Elec- tions (17th ed., London, 1895) ; and Hugh Eraser, Law of Parliamentary Elections and Election Petitions (London, 1906). Among the various "blue books," especially important are Dilke's report on the ballot, Par- liamentary Papers, 1876, XII; and "Report of the Committee on Par- liamentary and Municipal Elections," in Parliamentary Papers, 1868-69, VIII; 1870, VL For further references, consult the "Select Bibliography" at the close of this book. II. The Ballot in America: — For the colonial period we have two excellent monogiaphs: C. F. Bishop, History of Elections in the Amer- ican Colonies (N. Y.. 1893) ; A. E. McKinley, The Suffrage Franchise in the Thirteen English Colonies (Philadelphia, 1905). With these may PROTECTION OF THE BALLOT. 57 be used the important papers of S. E. Baldwin, "Early History of the Ballot in Connecticut," in American Historical Association, Papers, IV, (N. Y., 1890), 407-22); supplemented by idem, "The Three Constitu- tions of Connecticut," in New Haven Colony Historical Society, Papers, V (New Haven, 1894), 179-245. George Elliott Howard, Local Consti- tutional History of the United States (Baltimore, 1889), I, 352-55, first pointed out the existence in Colonial Massachusetts of the prototype of the modern nominating- convention and the use of the ballot in choice of delegates. Matter on the ballot is contained in G. H. Haynes, "Rep- resentation and Suffrage in Massachusetts, 1620-1691," in /. H. U. S., XII (Baltimore, 1894), 373-460. The Dutch origin of the secret ballot is claimed by Douglas Campbell, The Puritan in Holland, England, and America (N. Y., 1892), I, 50, II, 430-36; idem, "The Origin of American Institutions, as illustrated in the History of the Written Ballot," in American Historical Associations, Papers, V (N. Y., 1891) , 163-86. For the references that make this theory doubtful, see the text above, where additional citations for the whole subject may be found. For the origin of the Australian ballot and its rise in the United States, consult John H. Wigmore, The Australian Ballot System as embodied in the Legislation of Various Countries (Boston, 1889) ; Frank Parsons, The Story of New Zealand (Philadelphia, 1904), 93-94, 168; C. A. Beard, American Government (N. Y., 1911), 675-76; R. H. Dana, "The Australian System of Voting in Massachusetts," Annals, II (Phila- delphia, 1892), 733-50; idem, The Practical Working of the Australian System of Voting in Massachusetts (2d ed., Philadelphia, 1894) ; A. T. Rice, "The Next National Reform [of Ballot]," in North American Review, CXLVIII (New York, 1889), 82-85; Edward Wakefield, "The Australian Ballot System.," in Forum, VIII (N. Y., 1889), 148-58; C. C. Binney, Ballot Reform essential to Free and Equal Elections (Phila- delphia, 1889) ; E. B. Grubb, "The Campaign for Ballot Reform," in North American Review, CLV (N. Y., 1892), 684-93; Daniel S. Remsen, "Suffrage and the Ballot," in his Man and the State (N. Y., 1892) ; Lee J. Vance, "Different Forms of the Ballot," in Chautauquan, XXIII (Meadville, 1896), 713-17; W. H. Glasson, "The Australian Voting Sys- tems," in South Atlantic Quarterly, April, 1909; Philip L. Allen, "Ballot Laws and their Workings," in Political Science Quarterly," XXI (N. Y., 1906), 38-58; idem, "The Multifarious Australian Ballot," in North American Review, CXCI (N. Y., 1910), 602-11; C. L. Jones, Readings on Parties and Elections (N. Y., 1912), 212-50; A. S. Bard, "The Levy Election Law," in Political Science Quarterly, XXVII (N. Y., 1912), 36- 53; Connecticut Commission on Election Laws, Report (Bridgeport, 1907). Early discussions are J. M. L. Babcock, The Right of the Ballot: A Reply to Francis Parkman and Others, who have asserted "the Fail- ure of Universal Suffrage" (Boston, 1879) ; Simeon Stetson, The People's Powers; or. How to Wield the Ballot (San Francisco, 1883). A careful digest of the existing ballot laws in the United States is provided by Arthur Ludington, American Ballot Laws, 1888-1910 (Al- bany, 1911) ; continued by the same writer's summaries of "Ballot Laws" in American Political Science Review, III (1909), 252-61, IV (1910), 63-68, 207-12, V (1911), 579-85, VI (1912), 54-60. Compare 58 PRESENT POLITICAL QUESTIONS. the summaries of Charles A. Beard, American Government, 672-85. Section IX. Election Abuses and Corrupt Practices Laws. A. In Great Britain. I. History of Election Abuses before 1883 (consult the litera- ture cited below and in Section VIII above). II. Character of the Bribery Acts: 1695, 1729, 1762, 1809, 1827, 1841, 1842, 1852, 1854, 1868, 1883 (see May, Consti- tutional History, I, 224-26, 232-33, 292-96 ; Anson, The Law and Custom of the Constitution, I, 82, 104, 116, 327-29; Ostrogorski, Democracy and the Organization of Political Parties, I, 20, 136, 468-82; "Parliamentary Purification," in Edinburgh Review, XCVIII, 566-636; Rigby Wason, A Short and Sure Way of Preventing Bribery at Elections, London, 1853; G. F. S. Elliot, Thoughts on the Subject of Bribery and Corruption at Elections, London, 1853 ; and the literature below cited). III. The Corrupt and Illegal Practices Prevention Act, 1883 (46-47 Victoria, c. 51), Supplemented by Other Laws (Lowell, The Government of England, I, 219-38 ; May, Corir stitutional History, III, 31-33 ; Encyclopaedia Britannica, VII, 197-98 ; and the technical books below cited) . 1, Corrupt practices: these are criminal practices; they involve moral turpitude, and hence the motive must be proved. They may not be excused by the election court. They are of four classes. a. Seven kinds of bribery forbidden and punished. b. Treating: "giving meat, drink, entertainment, or provision." How is the law evaded? c. Undue influence: force, violence, duress, restraint, fraud, threatening "temporal or spiritual injury," etc. (46-47 Victoria, c. 51, par. 1; Lowell, I, 223). d. Personation or aiding and abetting it: constituted felony. 2. Illegal practices: these are acts forbidden by statute; and they are illegal and punishable regardless of motive, but trivial offences may be excused by the election court. ELECTION ABUSES. 59 a. Limiting and restraining expenditures both as to object and amount. h. Forbidding the use as committee rooms of places where liquor is sold ; and the furnishing of voters with cockades, ribbons, and like party badges. c. Forbidding the use of hired carriages to take voters to the polls : but private carriages or motors may be used with impunity. Paid canvassers are for- bidden. d. Other provisions. 3. Penalties for the two classes of offences. a. Corrupt practices are crimes "punishable by fine or imprisonment, and by loss of political rights for seven years." A candidate for parliament, if proved guilty through his own conduct, forfieits his seat and is forever incapable of being elected to the parliament for that constituency. If guilty through the acts of his agent, his election is void and he is "incapable of being chosen by that con- stituiency for seven years" (Lowell, I, 223-24). 6. Illegal practices: punishable by a fine not exceed- ing £100 and with five years' incapacity as an elec- tor. A candidate guilty through his agent loses his seat and may not be chosen by the same con- stituency during the life of that parliament. The incapacity is seven years when the offence is com- mitted with the candidate's knowledge and con- sent. IV. Results of Legislation (Lowell, I, 224-38). 1. Bribery exists, but it is disappearing ; and other illegal and corrupt practices are becoming less frequent. 2. There are still many opportunities for graft and for evasion of the law. a. Difficulty of proving agency; and of getting evi- dence. h. Uncertainty of the result of trial of election pe- titions. c. Ways of concealing expenditures; incomplete re- turns. 60 PRESENT POLITICAL QUESTIONS. d. Expenditures by party organizations, political clubs, or other voluntary bodies not punishable, unless proved to be agents of the particular candidate or of his election agent. e. "Nursing" constituencies. 3. Extent of corruption (Frederick C. Howe, "Graft in England," in American Magazine, LXIII, 398-; Os- trogorski, as above cited ; and the references below) . B. In the United States. I. The Special Cause of Bad Government and of the extreme corruption in public life is the unique American system of party politics. II. Some notorious examples of corruption. 1. New York City : The Tweed Ring, 1870 (read especial- ly Charles F. Wingate, "An Episode in Municipal Government," four articles in North American Re- view, CXIX (1874), 359-408, CXX (1875), 119-74, CXXI (1875), 113-55, CXXIII (1876), 362-429. See also E. L. Sears, "Some Reminiscences of the Tam- many Ring," in National Quarterly Review, XXXI (1875), 116-33; E. J. Edwards, "The Rise and Over- throw of the Tweed Ring," in McClure's Magazine, V (1895), 132-43; Abram C. Bernheim, "The Ballot in New York," in Political Science Quarterly, IV (1889), 130-52). For New York City about the same time, read "The Government of the City of New York," in North American Review, CII (1866), 413-65; "The Judici- ary of New York City," in ibid., CIV (1867) , 148-76) . 2. Railway "high-finance" and the public morals (Charles Francis Adams, "A Chapter of Erie," in North American Review, CIX (1869), 30-106; idem, "An Erie Raid," in ibid., CXII (1871), 241-91; idem, "The Government and the Railroad Corporations," in ibid., CXII (1871), 31-61). 3. The Ohio case (read especially Judge A. Z. Blair, "Sev- enteen Hundred Rural Vote-Sellers: How We Dis- franchised a Quarter of the Population of Adams County, Ohio," in McClure's Magazine, XXXVIII ELECTION ABUSES. 61 (1911), 28-40. Cf. Albert Shaw, "National Lesson from Adams County," in Review of Reviews, XLIII (1911), 171-80; G. Creel and S. Gordon, "Shame of Ohio," in Cosmopolitan, LI (1911), 599-610; "Brib- ery as a Local Custom in Ohio," in Outlook, XCVII (1911), 42-44). 4. The Rhode Island case, A "corrupted people" (StefFens, Struggle for Self-Government, 120-60). 5. Organized corruption in the great cities (Lee Meri- wether, "The Reign of Boodle and the Rape of the Ballot in St. Louis," in Arena, XXXIII (1905) , 43-50 ; especially the arraignment by Lincoln Steffens, The Shame of the Cities (N. Y., 1904) ; and his Struggle for Self -Government (N. Y., 1906). Compare Wood- burn, "Rings and Bosses," in his Political Parties (N. Y., 1903), 242-53; Dallinger, Nominations to Elective Office, 95 ff. ; James L. Blair, The St. Louis Exposure (St. Louis, 1903) ; C. R. Atkinson, "Recent Graft Exposures," in National Municipal Review, I (1912), 672-79). a. The disastrous union of state, national, and mu- nicipal politics. b. The rule of the boss as the mediator of the public service corporations. c. The lack of a trained service for municipal admin- istration. 11. Corrupt and Illegal Practices Laws of the States: Exam- ples of Recent Progressive Legislation. 1. Connecticut : Work of 1905 ( Whitten, in Am. Pol. Sc. Rev., 1, 250-51). a. Election abuses are restrained by a new act. b. A Commission appointed to investigate the primary and corrupt practices laws recommends ten re- forms in the latter: more stringent penalties for bribery ; limitation of the number of paid workers for each party in an election district to five ; sworn statements of campaign expenditures; expenses for carrying voters to the polls to be prohibited; the guilty candidate, besides fine and imprison- ment, to be ineligible to public office for four years. 62 PRESENT POLITICAL QUESTIONS. 2. New York: adopts an improved corrupt practices act, 1906 (Laws, 1906, c. 502-503. Cf. Whitten, in Am. Pol. Sc. Rev., I, 76-79). 3. Pennsylvania in 1906 secures a more stringent act (Laws, 1906, c. 17) . 4. West Virginia, by the new law of 1908, restricts the purpose and the amount of campaign expenses; for- bids corporations to contribute; provides for pub- licity of contributions and expenditures ; outlaws un- due influence and bribery, including therein promise of place or employment, public or private; punishes both briber and bribed; outlaws personation; and protects candidates from begging and soliciting as under the Oregon Act (Aylsworth, in American Pol. Sc. Rev., Ill, 50-56). 5. Oklahoma, through the election and primary laws of 1908, makes notable advance in the restraint of cor- rupt and illegal practices (Aylsworth, in Am. Pol. Sc. Rev., Ill, 50-5Q). a. Prohibits undue influence and bribery, including betting on elections ; and punishes both briber and bribed. b. Except by banks, forbids corporation loans to any political party, its agents, or its candidates; and outlaws any attempt of a corporation to influence the vote of employees or other persons. c. Limits the amount of expenditure for nominations; prohibits campaign contributions by corporations; requires the publication of expenditures; and like Oregon, restricts the use of the press as a political partisan agency. 6. Oregon : The model law of 1908, known as the Huntley bill, was secured by initiative and referendum, after failure in the legislature; and it is expressly pat- terned after the British acts of 1883 and 1895 (An excellent analysis of this splendid statute, in con nection with the Oklahoma and West Virginia laws of the same year, is given by Leon E. Aylsworth, in Am. Pol. Sc. Rev., Ill, 50-56) : Following are the principal provisions. ELECTION ABUSES. 63 a. Corrupt practices, as distinguished from illegal practices, embrace: "The unlawful expenditure of money for election purposes; treating, which covers the giving of cigars and tobacco; undue in- fluence, including the threat of even a "spiritual injury;" personation; bribery; betting by a can- didate on any pending election, or furnishing money therefor; seeking a nomination for a venal consideration or motive, and not in good faith" (Aylesworth, III, 51.) h. Other provisions. 1) It is unlawful "for the representatives of any so-called public benefit scheme, charitable, re- ligious, or otherwise, to solicit or beg from can- didates or elected officials, or for the latter to contribute thereto." 2) The act guards against indirect bribery or "nursing constituencies" by declaring it a cor- rupt practice for a candidate to make contribu- tions with apparent hope or intent to influence the result of the election. 3) Electioneering "by any person at any place on the day of election," is prohibited. 4) False statements and "political vilification" are restrained by providing that "no person may legally write, print, or circulate any letter, cir- cular, bill, placard, or poster relating to any election or candidate unless it bears on its face the name and address of the author and of the printer or publisher." While the "publication of any false charges reflecting on a candidate's character, without having served a copy upon him personally fifteen days before" is constituted the "new crime" of "political libel," punishable by from one to three years in the penitertiary. 5) "The use of the press as a partisan political agency" is checked by making it illegal for the publisher of a newspaper or other periodical "to insert in either its advertising or reading 64 PRESENT POLITICAL QUESTIONS. columns any paid political matter without stat- ing therein that it is paid," and "appending the name and address of the party responsible for it" (Aylsworth, 51-52). 6) Accepting payment for editorially advocating or opposing the nomination or election of any can- didate is punishable as a corrupt practice. 7) Neither a corporation nor any person, trustee, or trustees owning a majority of its stock may contribute to campaign funds; nor may any non-elective official lawfully contribute or be asked to contribute to such funds. 8) Campaign expenditures are carefully limited in purpose and amount, and adequate provision is made for publicity of both contributions and ex- penditures. To this end, every political commit- tee is required to have a treasurer. 9) By the Oregon Act, as by the statutes of Okla- homa and West Virginia, severe penalties are prescribed and there is careful provision for enforcement. If a candidate be found guilty of any corrupt or illegal practice, "his nomination or election shall be set aside, and he shall not, during the term of such office, be elected or ap- pointed to fill any office or position of trust under the laws of the state, nor of any municipality therein." In that case, the person receiving the next highest vote is awarded the nomination or election. 7. The fruitful legislation of 1911 (S. G. Lowrie, in Am. Pol. Sc. Rev., V, 236-39, 575-79). a. Massachusetts. 1) From 1888 to 1911 the corrupt practices law was lax in many provisions : its "great weakness" is "that it is nobody's interest to go behind the face of the returns" (Dana, The Corrupt Practices Act, the Nominating Machinery, and the Aus- tralian Ballot System in Massachusetts, 1906, 1-7; Quincy, "Working of the Mass. Corrupt Practices Acts," Forum, XV, 142-47; Supple- ELECTION ABUSES. 65 ment to Public Statute, 1889-1895, 837-76 ; Acts and Resolves, 1907, c. 581, 1908, c. 483). 2) Some of the defects are remedied by the act of July 15, 1911 ; but the law is still quite below the British or the Oregon model (Acts and Resolves, 1911, c. 679, pp. 803-805) : Campaign expenses are limited as to purpose and amount and pay- able by a candidate only to the political com- mittee. Personal expenses are defined and re- stricted; solicitation from a candidate is for- bidden; a candidate guilty of corrupt practices is unseated and incapable of holding public office for three years ; more stringent provision is made for publicity of expenditures. b. Kansas and New Hampshire enact progressive measures. c. North Dakota forbids pre-election promises of ap- pointment; restricts campaign expenditures; pro- hibits paid material in newspapers unless pub- lished as such; and follows Oregon in providing for a publicity pamphlet. d. Wyoming limits campaign expenditures and author- izes a publicity pamphlet. e. Nebraska forbids expenses for carrying voters to the polls. /. Wisconsin adopts an efficient statute. g. Ohio enacts a strong progressive measure. h. New Jersey secures an excellent act on the British model. III. Ethics of the Political Campaign. 1. Should a citizen announce himself for nomination or for election? In a democratic society, should not official service be regarded in law as a call to duty from fellow citizens? 2. Should not a candidate be prohibited from contributing to campaign expenditures? Should not the entire expense of political campaigns be made a public charge? (See Leon E. Aylesworth, in American Po- litical Science Review, III, 382). 66 PRESENT POLITICAL QUESTIONS. 3. Should not a full itemized report of all campaign con- tributions and expenditures be made at a stated time before the polling day? REFERENCES. I. Corruption and Corrupt Practices Legislation in Great Britain: — Sir Henry James, author of the law of 1883, has an article on "The British Corrupt Practices Act," in Forum, XV (1893), 129-41; and there is a good systematic discussion by A. L. Lowell, Government of England (N. Y., 1909), I, 219-38. Besides the literature already cited, see P. A. Pickering, Remarks on Treating, and Other Matters Relating to the Election of Members of Parliament (London, 1852) ; "Your Vote and Interest," in Temple Bar, XV (1865), 189-202; "The Corrupt Practices Bill," in Blackwood's Edinburgh Review, CXXXIV (1883), 728-39; "Corrupt Practices," in Saturday Review, LVI (1883), 489-90; Charles N. Gregory, Political Corruption and English and American Laws for its Prevention (Madison, 1895) ; "Corruption and Election," in Saturday Review, LXXXI (1896), 140-41; Lewis Emanuel, "Should Canvassing at Parliamentary Elections be Abolished?" in Westminster Review, CXLVI (1896), 328-31; Charles B. Buxton, Electioneering Up-to-Date, with Some Suggestions for Am,ending the Corrupt Practices Act (Lon- don, 1906) ; G. W. Wilton, "The Prevention of Corruption Act, 1906," in Juridical Review, XVIII (1907), 370-85; Frederick C. Howe, "Graft in England," in American Magazine, LXIII (1907), 398-. In addition to the technical works of Ward, Fraser, and Rogers, cited in Section VIII, consult Mattison and MaCaskie, Law relating to Corrupt Practices and Illegal Practices (3d ed., London, 1892) ; E. R. Jelf, The Corrupt and Illegal Practices Prevention Acts, 188S and 1895, with Notes on the Judicial Decisions (London, 1905) ; Henry C. Richards, same title as the preceding (London, 1906). Among the blue books, consult the "Report of the Bribery at Elections Committee," in Parlia- mentary Papers, 1835, VIII (London, 1835) ; Report of the Royal Conir mission on the Worcester Election (London, 1906) ; and Com. Papers, 1881, XXXVIII-XLV. II. Corruption and Corrupt Practices Legislation in the United States: — For the laws enacted by the states in recent years, an excellent sum- mary is provided by Leon E. Aylsworth, in Am.erican Political Science Review, III (1909), 50-56; supplemented by the summaries of S. G. Lowrie, in ibid., V (1911), 236-39; and Robert H. Whitten in ibid., I (1907), 250-51; F. W. Dallinger, Nominations for Elective Office, 187 ft'.; J. A. Woodburn, Political Parties, 240. Besides the literature above cited in connection with the Tweed and other notorious cases of corruption, and that mentioned in the "Select Bibliography" may be noticed Henry George, "Money in Elections," in North American Review, CXXXVI (1883), 201- 11; "Bribery in Elec- tions," in Nation, XLIII (1886), 386-87; J. B. Bishop, "The Money Power in Politics," in Nation, XLIV (1887), 180-81, 204-205; idem, "Insufficient Restriction of Campaign Expenditures," in Forum, XVi (1893), 148-53; idem, "Money and Political Machines," in Nation, XLIV EQUAL SUFFRAGE. 67 (1887), 222-23; F. A. P. Barnard, "The Degredation of Our Politics in the United States," in Forum, IX (1890), 117-32; Herbert Welch, "Cam- paign Committees: Publicity as a Cure for Corruption," in Forum, XIV (1892), 26-38; J. J. McCook, "The Alarming Proportion of Venal Voters," in Forum, XIV (1882), 1-13; idem, "Venal Voting: Methods and Remedies," in Forum, XIV (1892), 159-77; J. W. Jenks, "Money in Practical Politics," in Century, XXII (1892), 940-52; Joseph Hutchin- son, "Corrupt Practices Acts," in American Law Review, XXVII (1893), 345-60; John S. Evans, "Blind Partisanship and Political Corruption," in American Magazine of Civics, VII (1895), 278-85; L. P. Gratacap, "Centralization the Cure for Political Corruption," in ibid., IX (1896-7), 400-413; E. L. Godkin, "Criminal Politics," in North American Review, CL (1890), 706-23; the same in his Problems of Modern Democracy (N. Y., 1896), 123-55; Rush C. Hawkins, Our Political Degredation (N. Y., 1904) ; H. J. Ford, "Municipal Corruption," in Political Science Quarterly, XIX (1904), 673-86; John G. Speed, "The Purchase of Votes," a series of articles in Harper's Weekly, XLIX (1905), 386-88, 422-24, 458, 460, 462, 498, 500, 513; George L. Fox, "Corrupt Practices ajid Election Laws in the United States," in Political Science Association, Proceedings, II (1906), 171-86; Horace E. Deming, "Corrupt Practices and Electoral Methods," in Conference for Good City Government (1906), 308-28; H. G. Wells, The Future in Am,erica: A Search after Realities N. Y., 1906), a chapter on corruption; W. C. Osborn, "Corrupt Prac- tices in Municipalities," in Conference for Good City Government (1910), 490-97. Section X. Equal Suffkage. A. Historical: Rise of The Movement for Equal Suffrage. I. Origin of the Subjection of Women (Westermarck, Moral Ideas, I, 629-69). 1. The rule of force; woman the original worker and the original inventor. 2. Woman the property of the man : sale-marriage (How- ard, Matrimonial Institutions, I, chaps, iv and vi, 179-223, 253-86). 3. Later consequences of the original subjection of woman (Delos Wilcox, Government by All the People, 122- 24). II. The Vagaries of Mediaeval Theology regarding Woman (Pollock and Maitland, History of English Law, II, 383; Esmein, Le Mariage en Droit Canonique, I, 63-92; Gage, Woman, Church and State, 56, passim; Eckenstein, Woman under Monasticism; Howard, I, 324-36). 1. That woman was the cause of "original sin" was a well 68 PRESENT POLITICAL QUESTIONS. established notion by the time of St. Augustine (A.D., 354-430). 2. Does woman possess a soul? This was debated at the council of Macon, A. D. 585 (Gage, Woman, Church, and State, 56; Howard, I, 331, note 2). 3. The related dispute as to whether woman belongs to human kind (Howard, I, 331, note 2). a. The book of Valens Acidalius, 1595 : Disputatio nova contra mulieres, qua probatur eas homines non esse. b. Simon Gediccus's reply to Acidalius, 1595, 2d ed., 1644: Defensio sexus muliebris. c. J. D. Feyerabend's De privilegiis mulierum, Jena, 1667. He starts with the question : "An mulieres sint homines?" HI. The Beginnings of Rational Discussions (Howard, III, 235-50, and the literature there cited). 1. A notable book: De I'egalite des deux sexes (Paris, 1673). 2. The pioneer work of Mary Astell. a. Serious Proposal to the Ladies (London, 1694). b. Defense of the Female Sex (London, 1696; 3d ed., 1697). c. Some Reflections upon Marriage (London, 1700 ; 3d ed., 1706; 4th ed., 1730). 3. Daniel Defoe, Essay upon Projects (London, 1697) : advocates an "academy for women." 4. A clear and incisive exposure of the Hardships of the English Laws in Relation to Wives (London, 1735). The author, apparently a woman, says her adver- saries for want of argument resort to "points of wit, smart jests, and all-confounding laughter." 5. "Sophia," Vindication of the Natural Right of the Fair- Sex to a Perfect Equality of Power, Dignity, and Es- teem with the Men (London, 1739) : Appealing to "rectified reason" she asserts: a. Difference in sex relates to the "propagation of hu- man nature;" EQUAL SUFFRAGE. 69 b. Whereas in "soul there is no sex;" hence diversity is due to education and environment. 6. A German pioneer, Dorothea Christine Erxleben: a. Grundliche Untersuchung (Berlin, 1742). 6. Vernunftige Gedanken vom Studiren des schonen Geschlechts (Frankfort and Leipzig, 1749). 7. A French radical, Condorcet, Lettres d'un Bourgeois, etc. (Paris, 1787). 8. Mary Wollstonecraft, the founder of sociological dis- cussion of the woman-question : a. Thoughts on the Education of Daughters (London, (1787). b. Vindication of the Rights of Woman (London, 1792). 9. T. G. von Hippel, a worthy contemporary of Wollstone- craft and Condorcet: a. Die burgerliche Verbesserung der Wieber (Berlin, 1792). b. Ueber die Ehe (3d ed., 1792). 10. Mary Anne Radcliffe, The Female Advocate, or an AU tem,pt to recover the Rights of Women from Male Usurpation" (London, 1799). IV. The Organized Movement of the Nineteenth Century; Change in Tone (Howard, III, 236-39, notes). 1. In England (Stanton, The Woman Question in Europe, 273, passim). a. Writings of William Thompson and Mrs. Wheeler (1725) ; Lady Sydney Morgan (1840) ; Mrs. Ellis (1840). b. The great essays of the two Mills : 1) Mrs. J. S. Mill, "Enfranchisement of Women," in Westminster Review, IM (1851), 289-31 L Also in J. S. Mill, Dissertations and Discussions, III. 2) Mr. J. S. Mill, "The Subjection of Women" (Lon- don, 1869; first written, 1861). c. Later writings and activities. 70 PRESENT POLITICAL QUESTIONS. 2. In America. a. Services of the women of the Revolutionary period, 1775-1789 (See Tarbell, in American Magazine, LXIX (1909), 1-17). 6. Women in literature ; the early movement for higher education of women (Tarbell, in ATnerican Magor zine, LXIX, 206-20). c. Women in the Anti-Slavery Movement (Tarbell, op. cit., 363-77). d. Pioneers in the "Women's Rights" Movement (Tar- bell, op. cit., 468-81; Stanton, Anthony, and Gage, Hist, of Woman Suffrage, I, 70 ff. ; Ostrogorski, Rights of Women, 54 ff . ; Johnson, Woman and the Republic, 39 ff.). 1) The first convention, Seneca Falls, N. Y., 1848; leaders, Mrs. Mott and Mrs. Stanton; the state- ment of grievances and of the proposed rem- edies. 2) Rise of Susan B. Anthony; as a teacher; as a temperance advocate; as a woman's rights ad- vocate, 1854-1906 (Tarbell, 471 ff.; Ida Husted Harper, Ldfe and Work of Susan B. Anthony). e. The later movement for equal rights (Tarbell, in American Magazine, LXX (1910), 60-73). B. The Present Phase of the Equal Suffrage Movement. I. It is a Many-sided Practical Question ; the Debate as to Ab- stract Rights is Done. 1. Hence the rapid progress of equal suffrage. a. In the United States. b. In other lands. 2. It is clearly recognized as a social problem. a. For which woman has a special preparation. b. As shown by the social content of modern legislation. 3. It is becoming especially a labor-problem. a. Effect of the passing of the age of domestic industry and the rise of machine industry. b. Women have followed their industries into the fac- tory; and have claimed their share in new indus- tries. EQUAL SUFFRAGE. 71 c. Have women "invaded" men's callings? The facts disclosed by Edith Abbott's researches (Women in Industry, 22, 32, 33, 61, 319 ff., passim). d. Educated women and the "professions." e. The "new alignment" (Scott Nearing, Woman and Social Progress, 49). /. The "new leisure" (Scott Nearing, 225-39). II. The Fallacies of Mob-Mind. 1, As to sex-distinctions. a. That woman is superior to man in power of "in- tuition ;" whereas her swift conclusions called "in- tuitions" are merely the result of practice and ex- perience in fields where men are ignorant but may learn. 6. That woman is inferior to man in mental capacity: this supestition is nearly dead (Lourbet, La femme devant la science contemporaine, 157, 161; Spen- cer, Justice, 186, passim; Ward, Dynamic Soci- ology, I, 131, 640-64, especially 662, II, 616 ; idem, Pure Sociology, chap, xiv, 290-416; Thomas, Sex and Society, especially 251 ff,, 291 ff. ; Caird, Mor- ality of Marriage, 13, 144, 175; Mill, Subjection of Women, 38-52, 91 ff., 111-46; Howard, Matri- monial Institutions, III, 239 ff.; Bebel, Die Frau und der Sozialismus, 233 ff.) . 1) First sub-species of this superstition: woman rules sexually, hence as a compensation we must uphold the legal superiority of man (Hartmann, The Sexes Compared, 3, 6 ff.). 2) Second sub-species: that women are merely "big children all their lives" (Schopenhauer, "On Women," in Dierck's Essays of Schotenhauer, 65; or his Sammtliche Werke, III, 649 ff.). 3) Third sub-species: that woman is a "side-issue" (perhaps literally) ; even that she has no exist- ence (so asserted by Otto Weininger, Sex and Character, 286. Cf. Murby, Common Sense of the Woman Question, Iff.). 72 PRESENT POLITICAL QUESTIONS. 2. That woman will lose her place in the home if she votes. 3. That she will no longer be treated with chivalry by men. 4. That she ought not to have the ballot until all, or a majority, of women demand it. 5. That she would not make much use of it, had she the ballot; for only the less respectable and those of the half -world would vote. 6. That she has not improved social conditions where she votes: "look at Colorado!" a,. Refuted by the facts in Colorado (Scott Nearing, 263) ; Ben Lindsey and the juvenile court (Read especially Helen L. Sumner, Equal Suffrage, N. Y., 1909). b. Refuted by the facts in other states; the recall in Seattle. c. Refuted by the facts in other suffrage countries. 7. That she would be soiled by engaging in politics. a. How about the present influence of the kitchen? (Dorr, What Eight Million Women Want, 195-98, 250). b. How about the injurious effects of patriarchal sub- jection? (Caird, Morality of Marriage, 13, 174- 75). c. How about the effects of economic subjection. (Gil- man, Women and Economics). d. The facts show a refining influence of women in politics. 8. That she would even get herself elected to office. a. Why not? b. What offices should be in woman's hands ? III. Basic Reasons for Woman's Enfranchisement. 1. Her right to self -development for the good of the r&ce (Compare Sumner, Equal Suffrage, 258 ff.). 2. Meaning of the socialization of one-half of the race. a. The right solution of social problems : blunders of a EQUAL SUFFRAGE. 73 man-made world; for example war and economic competition. b. Man's way and woman's way contrasted (Dorr, What Eight Million Women Want, 6, 9). c. How women are organizing. d. Women are efficient in social service (Door, 168) ; how she is making over the factory (Dorr, 155, 168, 181). 3. The new demands of home education on the mother. 4. The ideal home of equality and freedom. REFERENCES. I. General Literature : — Mary Wollstonecraf t, Vindication of the Rights of Woman (London, 1792; new ed., 1890); Mrs. J. S. Mill, "The En- franchisement of Women," in Westminster Review, LV (1851), 289- 311; J. S. Mill, The Subjection of Women (London, 1869); Lester F. Ward, Pure Sociology, and DynamAc Sociology, as above cited; W. I. Thomas, Sex and Society (Chicago, 1907) ; K. Heinzen, The Rights of Women and the Sexual Relations (Chicago, 1898) ; M. Ostrogorski, The Rights of Women (London and N. Y., 1893) ; Stanton, Anthony, and Gage, History of Woman Suffrage (4 vols., N. Y., 1884-87) ; T. Stanton, The Woman Question in Europe (1884) ; Mona Caird, Morality of Mar- riage (London, 1897); C. P. Gilman (Stetson), Women and Econormcs (3d ed., Boston, 1900) ; idem. The Mav^Made World (N.'Y., 1911) ; Scott Nearing, Woman and Social Progress (N. Y., 1912) ; Rheta Childe Dorr, What Eight Million Women Want (N. Y., 1910) ; E. R. Hecker, ShoH History of Woman's Rights (N. Y., 1910) ; Kaethe Schirmacher, Modern Woman's Rights Movement (N. Y., 1912) ; Bertha Mason, The Story of the Woman's Suffrage Movement (London, 1912) ; E. Sylvia Pankhurst, The Suffragette : The History of the Woman Militant Suffrage Movement (N. Y., 1911) ; Evelyn Sharp, Rebel Women (N. Y., 1910) ; W. I. Thomas, "Votes for Women," in American Magazine, LXVIII (1909), 292-311; Mary Putnam- Jacobi, Com/man Sense Applied to Womun Suffrage (N. Y., 1894) ; A. H. Mathews, Woman Suffrage (London and Edinburgh, 1907) ; like the preceding, ably supporting; Milicent Murby, The Common Sense of the Woman Question (N. Y. and London, 1908) : strongly favoring; Joseph King, Electoral Reform (London, 1908), 72-78; Olive Schreiner, "The Woman Question," in Cosmopolitan, XXVIII (1900), 45 ff., 182 ff.; William Hard and Rheta Childe Dorr, "Woman's Invasion," in Everybody's, XIX (1908), 579-91, 798-810, XX (1909), 73-85, 236-48, 372-85, 521-32; Howard, Matrimonial Institutions, III, 235-59, and the literature there cited. Read especially Helen L. Sumner, Equal Suffrage (N. Y., 1909) : an able investigation made for Colorado. The following are ill-informed, hostile and partisan: A. Vi. Dicey, Letters to a Friend on Votes for Women (London, 1909) ; J. M. Buck- 74 PRESENT POLITICAL QUESTIONS. ley, The Wrong and the Peril of Woman Suffrage (N. Y., 1909) ; Molly Elliot Seawell, The Ladies' Battle (N. Y., 1911) ; Grace D. Goodwin, AntinBuffrage (N. Y., 1912). II. Related Subjects: — Edith Abbott, Women in Industry (N. Y., 1909) ; Marion Talbot, The Education of Women (Chicago, 1910) ; R. Gonnard, La femme dans I'indu^trie (Paris, 1906) ; Clara E. Collet, Educated Working Women (London, 1902) ; Eliz. B. Butler, Wom^n in the Trades (N. Y., 1909) ; Florence Kelley, Some Ethical Gains through Legislation (1905) ; Olive Schreiner, Woman and Labor (1911) ; S. Yudelson, "Educational and Professional Activities of Women," Annals, XXV (1905), 117-23; Annie MacLean, Wage-Earning Women (1910); Anna S. Richardson, Girl Who Earns her own Living (1909) ; August Bebel, Die Frau und der Sozialismus (50th ed., 1910) ; W. H. Allen, Woman's Part in Government Whether She Votes or Not (N. Y., 1912) ; J. M. E. Erownlow, Women's Work in Local Govemm,ent (London, 1912) ; Bertha Rembaugh, Political Status of Women in the United States: A Digest of the Laws Concerning Women (N. Y., 1912) ; Mary Roberts Coolidge, Why Women are So (N. Y., 1912). III. Some Recent Magazine Articles: — A. B. W. Chapman, "The Right to Vote," in Westminster Review, CLXXIV (1910), 629-36; Teresa Billington-Greig, "The Government and Women's Suffrage," in Fort- nightly Review, XCIV (1910), 890-902; M. Eastman, "Is Woman's Suffrage important?" in N. A. Review, CXCIII (1911), 60-71; Gwen- dolen Overton, "Woman Suffrage," in ibid., CXCIV, 271-81; A. Hender- son, "Votes for Women in England," in Forum, XLIV (1910), 569 S3; H. B. Matthews, "The Enfranchisement of Women," in Westminster Re- view, CLXXIV (1910), 383-85; Mona Caird, "The Lot of Women," in ibid., 52-59; Earl of Selborne, "The Case for Woman's Suffrage," in National Review, April, 1911; Lord Ebury, "Commentary on 'The Case for Woman's Suffrage'," in National Review, May, 1911; Countess of Selborne, "Women Who Want to Vote," in National Review, June, 1911 ; C. Dawborn, "The French Women and the Vote," in Fortnightly Review, XC (1911), 328-35. Section XI. The Socialization op American Jurisprudence. I. The Anomalous Character of American Courts. 1. The federal constitution, as a whole, is reactionary. By "checks and balances" and other means, its aim is to put up a barrier against democratic government (Read especially Smith, The Spirit of American Gov- ernment, 27-39; Roe, Our Judicial Oligarchy, chap, ii.). o. The great difficulty of ar.endment (Smith, op. cit., 40-64; J. W. Burgess, Political Science and CoWr- parative Constitutional Law, I, 150-54; Bryce, American Commonwealth, I, chap, iii; idem, 2d SOCIALIZATION OF AMERICAN JURISPRUDENCE. 75 ed., I, Appendix, note on Constitutional Conven- tions. Compare Patrick Henry, in Elliot, De- hates, III, 48-50; and for the conservative view, Hamilton in ibid., 1, 423). h. The constitutional denial of the right of the ma- jority to amend the fundamental law is opposed to the policy of progressive nations (Smith, op. cit., 61-64) . c. The provisions of the constitution regarding the judiciary are its most undemocratic feature. The power of American courts: their so-called "com- plete independence" is unique and not in harmony with the policy of democratic governments, o. The life-tenure of federal judges is a menace to de- mocracy; and it is not in harmony with the law of England or of other progressive nations. 1) Hamilton's error (Federalist, No. 78. Cf. Smith, op. cit., 66-76). 2) Jefferson's correct view (Works, Ford's ed., X, 38). b. The power to declare void a statute is usurpation of sovereignty ; and it is not expressly granted by the Constitution to the federal courts; whereas the judges of state courts are expressly bound by fed- eral constitution and laws (Const., Art. VI, par. 2 ; Burgess, op. cit., II, 364-65 ; Roe, op. cit., chaps, ii, iii, pp. 24-29, 30-56). 1) Sophistry of Hamilton's defense (Federalist, Nos. 78, 85. Cf. Smith, op. cit., 74-87) . 2) Jefferson's criticism of Hamilton (Works, X, 141, 199). 3) Since 1688, English courts have not exercised the veto on legislation; as occasionally they did earlier (Smith, 85-86; Coxe, Judicial Power and Unconstitutional Legislation, 165) . 4) Precedents in state courts before 1787 for the judicial veto (Smith, 87 ff. ; Coxe, op. cit, 252 ; Const. Hist, and American Law, 72-76) . 5) Did the framers of the constitution intend that 76 PRESENT POLITICAL QUESTIONS. the courts should exercise the veto? (Compare views of Roe, Our Judicial Oligarchy, chap, ii, 23-29, with those of Smith, Spirit of American Government, 90-97, noting the citations from the Debates in the Convention; especially with those of C. A. Beard, The Supreme Court and the Constitution (N. Y., 1912) ; and J. H. Dough- erty, The Power of Federal Judiciary over Leg- islation (N. Y., 1912) ; the Address of Walter Clark, in Congressional Record, July 31, 1911). 6) Did public opinion favor the granting of the ju- dicial veto? Significance of John Marshall's opinion in Ware vs. Hylton, 1796 (3 Dallas, 199 ; Const. Hist, and American Law, 67; Smith, 93- 97). 7) Significance of the case of Marbury vs. Madison, 1803, where the veto was first exercised in case of a federal statute (Const. Hist, and Am. Law, 76 ff. ; 1 Cranch, 137 ; Magruder, Marshall, 182- 86; Henry Adams, United States, II, 146; S. Pennoyer, in Am. Law Rev., XXX, (March- April, 1896), 188-202). 3. As a result, the Supreme Court of the United States has become an irresponsible oligarchy exercising the anomalous power of a superior legislative body (Boutmy, Studies in Constitutional Law, 117-18; Smith, 97 ff. Cf. W. B. Hornblower, "A Century of 'Judge-Made' Law," in Columbia Law Review, VII (1907), 453-75). a. It has a sixfold legislative function. 1) Vetoes laws as unconstitutional. 2) Modifies the meaning or purpose of laws by in- terpretation (Parsons, Legal Doctrine, 56-57; Smith, 112). 3) Prevents measures from being enacted because of known hostile opinions of the judges. 4) Declares laws void as not being in harmony with the nature of free republican government, even when such laws do not conflict with any consti- tutional provision (Story, Commentaries, sec. SOCIALIZATION OF AMERICAN JURISPRUDENCE. 77 1399. Cf. Smith, 105 ff., 320-25 ; Parsons, Legal Doctrine, 57-61). 5) Through use of the injunction, the court virtu- ally enacts criminal legislation. 6) Through ordinary "judge-made" law, resulting from the theory of precedents. b. Significance of the court's voluntarily relinquishing the veto power in case of so-called "political" ques- tions. c. Significance of its declining to veto treaty provis- ions? (Butler, Treaty-Making Power of the United States, II, 347; Smith, 119 ff.). d. The doubtful merit of acting only when a case is brought before the court (Smith, 123-24). 4. The evils resulting from the judicial veto on legisla- tion are especially pronounced in the state courts. a. In public service corporations and related cases. 6. In labor questions. c. In many problems of social and political reform. II. Have the Anomalous Legislative Political American Courts Administered Social Justice? 1. Through their decisions, mixing legislation with law-in- terpretation, they have rendered law unstable and uncertain. a. Because very often the law is determined by the personal attitude of the judge (Parsons, 38-67; Smith, 111 ff. ; Roe, op. cit., chap iii). 1) Selecting precedents to sustain opinions. 2) Following conflicting principles of the common law or rules of construction. 6. Famous examples of instability. 1) The Income Tax Case, 1895 (Pollock vs. Farmers' Loan and Trust Co., 157 U. S., 429 ; 158 U. S., 601. Cf. Roe, chap, iii, pp. 49 ff.). 2) The Legal Tender Cases (E. J. James, in Am. Economic Association, Publications, III). 3) The Northern Securities Case (U. S. vs. Northern Securities Co., 193 U. S., 197). 78 PRESENT POLITICAL QUESTIONS. 4) The Standard Oil Case, 1907-1910 : conflicting de- cisions of Judge Landis and Judge Grosscup; the ruling of Judge McCall, Nov. 16, 1910. 5) Other examples. 2. Through their decisions, sometimes the most important statutes are in effect annulled (Roe, op. cit., chap, iii). a. Justice Harlan's dissenting opinion in Interstate Commerce Commission vs. Alabama Midland Rail- way Co. (168 U.S., 144). h. Chief Justice White's opinion versus that of Justice Harlan in the Standard Oil Case, 1911 (for the history and significance of the Standard Oil and the American Tobacco Company cases, see the full and enlightening discussions by Roe, Our Judicial Oligarchy, chap, iv., 74-105) . c. The dissenting opinions of Harlan and Holmes (1905) in Lochner vs. New York (198 V. S., 45, 68, 75). 3. Almost uniformly their decisions have favored the capital-owning class (read Roe, op. cit., chap, v, 106-71). 4. Bound by antiquated common law precedents, they have failed to guard community rights under changing so- cial conditions (see Justice Holmes's dissenting opin- ion in 155 Mass., 601 ; Parsons, op. cit., 58-61 ; Roe, op. cit., chaps, iii, iv). 5. They have failed to administer justice in labor-dis- putes ; "government by injunction" (Roe, chap, v) . 6. They have thwarted the efforts of democracy to enact the social legislation demanded by an enlightened public conscience (Roe, chaps, iv, v). a. Short hours for women workers. h. Employers' liability for accidents (Roe, chaps, iii, V). c. Industrial arbitration. d. The early cases of Fletcher vs. Peck, 1810, and Dart- SOCIALIZATION OF AMERICAN JURISPRUDENCE. 79 mouth College vs. Woodward, 1819 (Roe, op. cit., chap. v). e. Other cases. III. The Antiquated and Inefficient Procedure and Organiza- tion of American Courts are a Social Menace. 1. The expense of litigation; causes? 2. The delay of justice. 3. The mediaeval forms and barbarous terminology. 4. The senseless rules of evidence. 5. The abuse of the jury system. 6. Is the much lauded Anxlo-Saxon "contentious" system of jurisprudence as efficient as the "inquistorial" sys- tem of France and other nations? 7. What lessons may we learn from the English courts? IV. The American Bar is Socially Inefficient ; and it maintains a very low Standard of Social and Professional Ethics (Cf. J. R. Dos Passos, The American Lawyer, N. Y., 1907 ; Wood- row Wilson, "The Lawyer and the Community," in North American Review, CXCII (1910), 604-22; idem, "The Law and the Facts," in American Political Science Review, V (Feb., 1911), 1-11). 1. The attitude of the lawyer toward progressive meas- ures ? Examples of selfish opposition ? 2. Is the lawyer the hired servant of the capitalistic classes? The ideals of the "corporation" lawyer? 3. Is the lawyer employed to find ways of evading reform measures ? To devise "jokers" ? To help exploit the public? 4. Does the Bar courageously reject dishonorable mem- bers? Is disbarment frequent? 5. Is the lawyer guilty of incivism? 6. The example of devotion to social service set by Mr. Brandeis; other examples. v. How shall American Jurisprudence be Socialized? (Roe, Our Judicial Oligarchy, chap. vii. 187-226). 1. Through constitutional amendments doing away with or modifiying the tenure of judges and the legislative veto of courts. 80 PRESENT POLITICAL QUESTIONS. 2. Through a complete overhauling of procedure and or- ganization. 3. By a drastic reform of the jury system and the rules of evidence. 4. By proper instruction in schools of law regarding the problems in hand. Lawyers and judges need a broader education in political science, sociology, and history. 5. By socializing the bar; meaning of the rise of "sociol- ogical jurisprudence" (Read especially Roscoe Pound, "Scope and Purpose of Sociological Jurisprudence," in Harvard Law Review, XXIV, 591-619, XXV, 140- 68, 489-516, where the literature is cited. See also his "Need of Sociological Jurisprudence," in Green Bag. XIX (October, 1907), 607-15; idem, "Do we need a Philosopy of Law ?" in Columbia Law Review, V(May, 1905) , 339-53 ;idem," Common Law, and Leg- islation," in Harvard Law Review, XXI (1908), 383- 407 ; idem, "Liberty of Contract," in Yale Law Jour- nal, XVIII (May, 1909), 454-87. Cf. Goodnow, So- cial Reform and the Constitution, 1911). 6. By adopting the recall of judges (See Roe, chap, vii, and the references below). a. Arguments against the recall. 6. The recall is justified by the anomalous character of our courts: The courts have been given or they have usurped legislative functions; and these leg- islative functions are essentially political functions. Therefore a political remedy is justifiable (Cf. Roe, chap. iv.). 1) The courts are the only division of government that has successfully resisted the will of democ- racy. They are a barrier to the people's will. 2) Judges have too much power; and they are in- clined to believe themselves infallible and above criticism. 3) The decisions of the judges are very frequently wrong through ignorance ; often through preju- dice; and sometimes through corruption (Roe, 190 ff.). SOCIALIZATION OF AMERICAN JURISPRUDENCE. 81 4) The anomalous power of the judges has often caused them to be captured by the predatory in- terests ; and these interests are the bitterest ene- mies of the recall. 5) "Litigation is becoming quasi-political," 6) In the main, the influence of the bar favors more power in the hands of the judges; the people themselves must apply the remedy. 7) The attitude of the courts is creating a conflict with public opinions; only the vigorous action of the people can avert danger. REFERENCES. I, General References: — J. A. Smith, The Spirit of American Govern- ment (N. Y., 1907), especially 65-124; Charles A. Beard, The Supreme Court and the Constitution (N. Y., 1912) ; Gilbert E. Roe, Our Judicial Oligarchy (N. Y., 1912) ; or the same in La Follette's Weekly Magazine (1911-12), 14 articles; J. H. Dougherty, The Power of the Federal Ju- diciary over Legislation (N. Y., 1912) ; F. G. Goodnow, Social Reform and the Constitution (N. Y., 1911) ; Frank Parsons, Legal Doctrine and Social Progress (N. Y., 1911) ; A. Nerincx, L' Organisation Juddciaire aux Etats Unis (Paris, 1910) ; Du Manoir, L' Interpretation des Lois pa/r la Legislateur (Paris, 1910) ; Brinton Coxe, Judicial Power and Unconstitutional Legislation (Philadelphia, 1893) ; Emile Boutmy, Studies in Constitutional Law (London, 1891) ; J. W. Burgess, Political Science and Comparative Constitutional Law (2 vols., Boston and London, 1896- 98) ; A. H. Snow, "The Position of the Judicature of the United States," in Annals, XLIII (1912), 286-310; S. E. Baldwin, The American Jw- dicnary (N. Y., 1905) ; William Trickett, "The Great Usurpation," in Ainerican Law Review, XL (1906), 356-76; idem, "Judicial Nullification of Acts of Congress," in North American Review, CLXXXV (1907), 848-56; Chief Justice "Walter Clark, "The Election of Federal Judges by the People," in Arena, XXXII (Nov., 1904), 457-60; idem, "'Aaron's Rod,' or Government by Federal judges," in Arena, XXXVIII (Nov., 1907), 479-81; idem, "Judicial Supremacy," in Arena, XXXIX (Feb., 1908), 148-55; W. B. Hornblower, "A Century of 'Judge-made' Law," in Colum,bia Law Review, VII (1907), 453-75; S. D. Thompson, "Abuses of Corporate Privileges," in American Law Review, XXVI (1892), 169- 203; idem, "Government by Lawyers," in ibid., XXX (1896), 672-701; Jesse F. Orton, "The Confusion of Property with Privilege: the Dart- mouth College Case," in Independent, LXXVII (August 19 and 26, 1909), 392-97, 448-53; L. B. Boudin, "Government by Judiciary," in Political Science Quarterly, XXVI (1911), 238-70; "The Judge and the People," in Outlook, XCVII (April 15, 1911), 809-10; "Flexibility of Law," in ibid., XCVI (1910), 848; C. G. Haines, "Political Theories of the Su- preme Court," in American Political Science Review, II (1908), 221-44; idem, "The Conflict over Judicial Power," in Columbia University Studies 82 PRESENT POLITICAL QUESTIONS. in History, Economics, and Public Law (N. Y., 1909) ; Harold Evans, "The Standard Oil and American Tobacco Cases," University of Pa. Law Review, IX (1912), 311-23; R. L. Raymond, "The Standard Oil and Tobacco Cases," in Harvard Law Review," XXV (1911), 31-58; J. B. McDonough, "The Alleged Usurpation of Power by the Federal Courts," in American Law Review, XLVI (Jan.-Feb., 1912), 45-59; H. R. Seager, "The Recent Trust Decisions," in Political Science Quarterly, XXVI (Dec, 1911), 581-614; A. H. Walker, "A Review of the Opinions of the Chief Justice of the United States in the Standard Oil and Tobacco Cases," in American Law Review, XLV (1911), 718-499; W. F. Dodd, "The United States Supreme Court as the Final Interpreter of the Fed- eral Constitution," in Illinois Law Review, VI (1911), 289-312; idem, "Growth of Judicial Power," in Political Science Quarterly, XXIV (June, 1909), 193-207; C. J. Bonaparte, "Judges as Law Makers," in Green Bag, XXIII (Oct., 1911), 507-15; L. M. Greeley, "Changing Attitude of Courts towards Social Legislation," in Illinois Law Review, V, (Nov., 1910), 222-32 ; W. N. Gemmill, "A Comparative Study of English and American Courts," in Illinois Law Review, IV (Feb.-March, 1910), 457-71, 552-71; idem., "American Versus English Courts," in North American Review, CXCII (1910), 250-57; H. M. Bowman, "Congress and the Supreme Court," in Political Science Quarterly, XXV (1910), 20-34; H. Schofield, "Swift V. Tyson: Uniformity of Judge-Made State Law in State and Federal Courts," in Illinois Law Review, IV (1910), 533-51; C. Thorne, "Will the Supreme Court become the Supreme Legislature of the United States?" in American Law Review, XLIII (March-April, 1909), 228-65; J. G. Rosengarten, "The French Judicial System," in Pa. Law Review, ' LVII (Feb., 1909), 279-99; S. E. Baldwin, "Extent of the Judicial Power in the United States," in Yale Law Journal, XVIII (Nov., 1908-9), 1-9; H. G. Chapin, "Assailing the Judiciary," in Am,erican Lawyer, XV (Nov., 1907), 523-26; J. Woodward, "The Courts and the People," in Columbia Law Review, VII (1907), 559-72; A. A. Bruce, "The Judge as a Political Factor," in Green Bag, XIX (Nov., 1907), 663-68; R. W. Breckenridge, "Is the Federal Constitution adapted to Present Necessities, or Must the American People have a New One?" in Yale Law Journal, XVII (March, 1908), 347-64; Roscoe Pound, "Common Law and Legislation," in Har- vard Law Review XXI (April, 1908), 383-407; idem, "Causes of Popular Dissatisfaction with the Administration of Justice," in American Law Review, XL (Sept.-Oct., 1906), 729-49; J. R. Dos Passos, The American Lawyer (N. Y., 1907) ; Hannis Taylor, "The Legitimate Function of Judge-Made Law," in American Lawyer, XIV (Sept., 1906), 400-402; idem, "Independence of the Federal Judiciary," in American Law Review, XL (July-Aug., 1906), 481-95; J. Harmon, "Independence of the Ju- diciary," in American Lawyer, XIV (Sept., 1906), 391-93; W. M. Meigs, "Some Recent Attacks on the American Doctrine of Judicial Power," in American Law Review, XL (Sept.-Oct., 1906), 641-70; W. W. Howe, "Corporation Lawyers," in Yale Law Journal, XVI (May, 1907), 497- 503* E. J. White, "The Judiciary and Public Sentiment," in American Lawyer, XV, May, 1907), 215-21; A. G. Tibbetts, "Conformity of Legal Decisions to Ethical Standards of Right," in Canadian Law Review, VI (March-April, 1907), 141-44, 168-74. Cf. the symposium in Case and Comment, XVIII (May, 1912), 707-48, on "Humanizing the Criminal Law." SOCIALIZATION OF AMERICAN JURISPRUDENCE. 83 For bibliography, consult the Select List of the Library of Congress cited below. II. Procedure: — Moorfield Storey, The Reform of Legal Procedure (New Haven, 1911) ; F. K. Dunn, "Delays in Courts of Review in Crim- inal Cases," in Journal of the American Institute of Criminal Law and Criminology, II (1912), 843-48; M. C. Sloss, "Reform of Criminal Pro- cedure," in ibid., I (1911), 705-17; E. J. McDermott, "Needed Reform in the Law of Expert Testimony," in ibid., I (1911), 698-704; W. P. Lawlor, "Needed Reform in Criminal Law and Procedure," in ibid., I (1911), 877-92; J. D. Lawson, "Technicalities in Criminal Procedure," in ibid., I (May, 1910), 63-85; F. H. Norcross, "Criminal Law Reform" in ibid., I (Sept., 1910), 386-93; H. U. Sims, "The Problem of Reforming Procedure," in Yale Law Journal, XXI (1911-12), 215-36; L. M. Freed- man, "Expert Testimony, its Abuse and Reformation," in ibid., XIX (Feb., 1910), 247-57; F. R. Coudert, "French Criminal Procedure," in ibid., XIX (March, 1910), 326-40; J. B. Moore, "Avoidable Delay in the Trial Courts," in ibid., XVIII (1908-9), 112-20 ;R. C. Smith, "The Cry for Law Reform," in ibid., XX (1910-11), 292-96; Woodrow Wilson, "The Lawyer and the Community," in North American Review, CXCII (1910), 604- 22; idem, "The Law and the Facts," in Am,erican Political Science Re- view, V (Feb., 1911), 1-11; Roscoe Pound, "Inherent and Acquired Dif- liculties in the Administration of Punitive Justice," in American Political Science Association, Proceedings, IV (1908), 222-39; idem, "Some Prin- ciples of Procedural Reform," in Illinois Law Review, IV (1910), 388- 407, 491-508; Elihu Root, "The Reform of Procedure," in Green Bag, XXIII (March, 1911), 111-18; H. Noble, "The Standard Oil Case," in American Law Review, XLIV (1910), 1-11; "French Criminal Pro- cedure and Evidence," in Am,erican Law Review, XLIV (1910), 82-87; R. W. Hale, "Injunctions and Pardons," in ibid., XLIII (1909), 192-204; William Howard Taft, Present Day Problems (N. Y., 1908), 290-332; idem, "The Delays of the Law," in Albany Law Journal, LXX (1908), 300-304; idem, in Yale Law Journal XVIII (1908-9), 28-39; H. W. Greer, "Should Trial by Jury be Abolished?" in American Law Review, XLII (1908), 192-99; C. E. Green, "Jury Injustice," Juridical Review, XX (1908), 132-39; H. B. Murdoch, "Jury Justice," in ibid., XX (1908), 69-75; E. J. McDermott, "Delays and Reversals on Technical Grounds in Civic and Criminal Trials," in American Political Science Association, Proceedings, VII (1910), 97-110. Consult the symposium on Reform of Procedure, in Case and Comment, XVIII (April, 1912), 636-78; and the symposium by Roscoe Pound and others: "Prozess-Reform," in Rheinisches Zeitschrift, II, No. 4 (July, 1910). III. The Courts and Labor Disputes: — Lucile Eaves, History of Cali- fornia Labor Legislation (Berkeley, 1910) : a work of extraordinary merit; read especially pp. 394-438; idem, articles on the "Injunction," in Labor Clarion, I (San Francisco, 1902) ; J. R. Commons, Trade Unionism and Labor Disputes (Boston, 1905) ; W. H. Dunbar, "Govern- ment by Injunction," in Economic Studies, III (N. Y., 1898) ; G. G. Groat, Attitude of American Courts in Labor Cases: Columbia University Studies (N. Y., 1911) ; J. W. Akin, "Aggressions of the Federal Courts," address before the Georgia Bar Association, 1908; Jane Addams, in 84 PRESENT POLITICAL QUESTIONS. American Journal of Sociology, XIII (1908), 772; C. N. Gregory, "Gov- ernment by Injunction," in Harvard Law Review, XI (1898), 487-511; T. S. Adams, "Strikes and Boycotts," in Adams and Sumner, Labor Problems (N. Y., 1905), 175-212; W. J. Bryan, Speeches (N. Y. and London, 1909), II, 164-80; John Mitchell, Organized Labor and its Prob- lems (Philadelphia, 1903) ; and the Symposium on the "Scope and Limits of the Injunction," in Annals, XXXVI (1910), 85-141. Consult Roe, Our Judicial Oligarchy, chaps, iii, v. For a bibliography of the large and rapidly increasing literature, con- sult Library of Congress, Select List of References on Boycotts and. Injunctions in Labor Disputes (Washington, 1911). IV. The Recall of Judges: — 1. Favorable: R. L. Owen, "Election and Recall of Federal judges," speech in U. S. 62d Cong., 1st sess., Senate Doc. 99; T. J. Walsh, "Recall of Judges," address in ibid., Senate Doe. 100; idem, in Case and Com-ment, XVIII (1911), 314-18; R. E. Haynes, in City Hall, XII (1911), 349; "The Recall of Judges," in National Cor- poration Reporter, XLII (1911), 445, XLIII (1911), 9-10, 245, 393; R. W. Grossman, in Twentieth Century Magazine, IV (1911), 250-54; "Judges and the Recall," editorial in ibid., IV, 269-71; "The Judicial Recall," in Outlook, XCIX (Sept. 9, 1911), 95; J. M. Kerr, in Central Law Journal, LXXIII (1911), 239-41; M. Poindexter, in Editorial Re- view, V, 983-92; "How Taft Helped the Recall," in World To-Day, XXI, 1693-94; Roe, Our Judicial Oligarchy, chap. vii. Theodore Roosevelt, "Arizona and the Recall of the Judiciary," in Outlook, XCVIII (June 24, 1911), 738-79, would allow each state to de- cide the question according to its needs. 2. Opposed: J. A. Metcalf, "The Judicial Recall," in Annals, XLIII (1912), 278-85; R. G. Brown, in ibid., XLIII, 239-77; idem, "Recall of Judges:" Argument before Minn. Bar Association (Minneapolis, 1911); W. W. Lavender, in Alabama State Bar Assoc, Proceedings (Montgom- ery, 1911) ; Elihu Root, "The Perils of the Judicial Recall," in Case and Comment, XVIII (1911), 308-13; W. F. Dodd, "The Recall and the Po- litical Responsibility of Judges," in Mich. Law Review, X (1911), 79-92; A. M. Butler, "The Supreme Issue of 1912," in New York Tribune (April 10, 1912). On Theodore Roosevelt's suggestion of recall of decisions, read W. 0. Lewis, "A New Method of Constitutional Amendment by Popular Vote," in Annals, XLIII, 311-25; and especially W. L. Ransom, Majority Rule and the Judiciary (N. Y., 1912). V. Bibliographies: — Library of Congress, List of Works relating to the Supreme Court of the United States (Washington, 1909) ; idem. Select List of References on Boycotts and Injunctions (Washington, 1911) ; idem,. Select List of References on the Initiative, Referendum, and Recall (Washington, 1912) ; idem, Select List of References on Employ- ers' Liability and Workmen's Compensation (Washington, 1911). NATURE OP ITS PROBLEM. 85 Section XII. The Modern City: Its Meaning and the Nature of Its Problem. A. Meaning of the Modern City. I. The City is of Vast Relative Importance as a Social Body. 1. It is the biggest fact in, modern civilization. 2. It is at once the menace and the hope of democracy. 3. The undisciplined city has within itself enormous possi- bilities for evil; while the disciplined city, the city wisely ordered, may realize the loftiest ideal of the social good. II. The Modern City is a very Recent Fact: Our Urban Age is but a century old. 1. Practically speaking, it began with the "Industrial Revolution" of about 1800: with the advent of ma- chinery and steam power. 2. Almost literally, first and last, the city has been made by steam, pulling together with electricity ; for steam power is the muscular and electricity is the nervous system of the social and industrial body. III. The Amazing Growth of Cities: The World is Swiftly Urbanizing; Modern Civilization is an Urban Civilization. 1. In the United States. a. In 1790, 3.35 per cent of the entire population lived in six cities of 8,000 or more, having together but 131,472 inhabitants; while the census of 1900 showed 457 cities of 8000 or more, aggregating 25,000,000, or 33.1 per cent of the nation's people: a stride from 1-30 to 1-3 in 110 years! In 1910, 42,623,383, or 46.3 per cent of the population lived in towns of 2,500 or more. h. The urban rate of growth is increasing faster than the rural rate: Between 1800 and 1890, the urban population increased 87 fold; the total population but 12 fold. Between 1900 and 1910, the urban growth was 34.8, the rural, 11.2, and total, 21 per cent. c. Urban congestion of population. 1) Consider the meaning of our 46.3 per cent of 86 PRESENT POLITICAL QUESTIONS. urban population in connection with the vast extent of our sparsely settled domain. 2) Observe that in a wide eastern area urban con- gestion is approaching old-world density: in 1910 the urban percentage was 75.2 in New Jersey; 78.8 in New York; 92.8 in Massa- chusetts ; 96.7 in Rhode Island ; and other states show significant gains. 2. In other lands: Rapid urban expansion is a world- phenomenon. a. About two-thirds of the people of Germany and four- fifths of those of England, Wales, and Scotland live in cities; and the urban rate of groAvth is gaining on the rural. h. The rate of urban growth is greater in the old world than in the new: shown by a comparison of Ger- man and American cities (Munro, The Govern- ment of European Cities, 110 ff. ; Howard, Mean- ing of the City, 21-22) . 3. Rise of the "great city." a. Appears about 1850 as a modern world phenom- enon; due chiefiy to the centralizing infiuence of capital through railway transportation and tele- graphic inter-communication, which then became vital social factors. 6. Great cities of Europe. c. Great cities of America : 6 cities of 100,000 or more in 1850; 28, in 1890; 38, in 1900; 50, in 1910. 4. The country is urbanizing: in classic days the cities were states; in our times the states are swiftly be- coming cities. B. Nature of the Modern Municipal Problem. I. Origin: The Unique Result of the Portentous Rise of The City. 1. It has taken us by surprise: it has stolen upon us in the night; it has brought with it by stealth strange conditions of life whose nature and influence we have been slow to understand. 2. The secret of the revolutionizing power of the city is NATURE OP ITS PROBLEM. 87 "congestion of population": the mere presence of vast numbers of people in a limited space has had tremendous consequences for ill or for good. II. The Problem is Manysided. 1. An economic problem. a. Scope of the economic factors. 1) The city is the center of commerce and finance; the depot of transportation and distribution of goods ; the seat of factory production, and hence of the mighty interests of labor and capital. 2) How the railroads have fostered the great city, often at the expense of rural districts and small towns. 3) How the urban economic conditions have pro- duced strikes, lockouts, and the problems of the slums, the sweat-shop and the tenement. 6. The city itself is a great business corporation: tax- ation, public utilities, enormous cost of municipal government. In 1912, the budget of New York City was over $180,000,000; while that of the whole empire of Japan (1911-12) was about $280,- 000,000; and that of the Turkish empire (1911) about $130,000,000. c. Economic blunders of American cities. 1) They have bungled their taxes, jobbed their con- tracts, and squandered their municipal resources. 2) Instead of managing thriftily their public util- ities, they have let them pass into the hands of private monopolists that rendered poor serv- ices for extortionate prices. 3) Their bookkeeping has been inefficient: only a few states have established a uniform system of accounting. 2. A political problem. a. Great relative importance of city government; and the urgent need of scientific administration by trained experts. 6. Our three chief blunders in city government : 1) We have suffered municipal affairs to be domi- 88 PRESENT POLITICAL QUESTIONS. nated by state and national partisan politics, This has produced the unique American insti- tution, the city boss, in his sinister alliance with the ofRce-seeker and the public service corpora- tion. 2) We have deprived our cities of the right of home- rule, and in too large measure placed their con- trol in the state legislatures : the evils of special legislation and special commissions. 3) We have clung to antiquated types of municipal charters: witness the boss-ridden ward system and the inefficient two-chamber councils. 3. A Social problem. c. All social relations are sharply accentuated in the city; and hence it affords the best opportunity for studying social phenomena. 6. The city is the home of plutocracy and of poverty. The extremes of riches and penury meet in the city. There humanity reaches its loftiest spiritual height and sinks to its lowest carnal depth. c. In the city, more than in country, vice, crime, disease, and social abuses abound; whereas under wiser social control it need not be so. For the massing of property and people in the small urban space makes it economically and scientifically possible to raise the standard of living to its highest level. III. Solution of the Problem: Glimpses of the Coming City. 1. The possibilities of the coming city are revealed in Germany and some other foreign lands. 2. Three decades (1880-1913) of fruitful effort in Amer- ica disclose a like ideal. a. The multifarious aspects of the reform movement. 1) The struggle for home-rule or emancipation of the urban community. 2) The rise of the new social services: associated charities, neighborhood houses, juvenile courts, organized playgrounds, city-planning commis- sions, vice-commissions, reference and research bureaus, civic clubs, improvement societies, so- NATURE OF ITS PROBLEM. 89 cial hygiene clubs, the "Consumers' League," and a host of similar agencies. 3) Great importance of the National Municipal League, 1894-1913. a) Its "National Conference on Good City Govern- ment," with its magnificent series of helpful volumes. b) Its "Municipal Program." c) Its "American Municipal Review." 4) The work of the League of American Municipal- ities and of the various state leagues, whose number is growing. 5) The long struggle to free the city from the cor- rupting influence of partisan politics culminat- ing in the organized effort for the "short ballot" and the "commission plan." b. Is there not ground for hope? In the fullness of time, shall not America possess a noble type of the city economic, the city moral, the city clean, the city beautiful, and the city where social justice reigns ? REFERENCES. This outline follows mainly George Elliott Howard, "The Meaning of the Modem City," in Midland Municipalities, XIX (1910), 20-26. Dis- cussions relating to the general subject may be found in Horace E. Dem- ing, The Government of American Cities (N. Y., 1909) , 1-12, passim,; Richard T. Ely, The Coming City (N. Y., 1902) ; Delos F. Wilcox, The American City (N. Y., 1904), chap, i; idem,, Study of City Government (N. Y., 1897), chap, i; Prank J. Goodnow, Municipal Home Rule (N. Y., (1895), chaps, i, ii; W. B. Munro, The Government of Am,erican Cities (N. Y., 1912), 20-52, 358 ff.; Charles Zueblin, American Municipal Progress (N. Y., 1902), chap, i; Frederick C. Howe, The City, the Hope of Democracy (N. Y., 1909) ; W. H. Tolman, Municipal Reform Move- ments in the United States (N. Y., 1895) ; Albert Shaw, Municipal Gov- ernment in Great Britain (N. Y., 1895), chap, i; Horace E. Deming, in Municipal Program (N. Y., 1890), 36-58, 146-56; Dorman B. Eaton, Government of Municipalities (N. Y., 1899), chaps, i, ii; A. F. Weber, The Growth of Cities in the Nineteenth Century (N. Y., 1899) ; Na- tional Conference on Good City Government, Proceedings (1894), 803 flF.; ibid., (1894-5), 136 fif., 146 ff., 474 ff., 482 ff.; ihU. (1898) ; Henry Bruere and William Shepherdson, The New City Government (N. Y., 1912) ; Jane Addams, "Why the Ward Boss Rules," in Outlook, LVIII (1898), 879-82; C. Dehoney, "Breaking Down Ward Lines in American 90 PRESENT POLITICAL QUESTIONS. Cities," in World To-Day, XVIII (1910), 478-90; W. D. Foulke, "A German City Worthy of Emulation," in American City, VI (1912), 412-19: referring to Prankfort-on-the-Main ; Frederick C. Howe, "Real Estate Policies in Cities of Germany," in Conference on City Planning, III (1911), 14-26; H. S. Lunn, Municipal Lessons from Southern Ger- many (London, 1908) ; J. Baum, Die schone deutsche Stadt, Siidi- deutschland (Munich, 1912), referring to Munich. Section XIII. The Origin of American Municipalities. I. Municipal Corporations in the Colonial Period, Twenty in All (Goodnow, Problems, chap, i; idem, City Government, chap, iii; Fairlie, Municipal Administration, chap v; idem, in Municipal Affairs, II, 341-381; idem, in Municipal Pro- gram, 135; Munro, Government of American Cities, 1-28). 1. The general model was the English incorporated bor- ough (or "city") as it existed in the 17th and 18th centuries. a. The powers, rights, and organization of the English borough rested on a charter from the crown; in the colonies, on a charter usually from the gover- nor. The charter was construed as a "contract"; hence could not be arbitrarily changed by either party. b. Although oligarchic, there was substantial home- rule; the council passed by-laws or ordinances; and the municipal body existed largely to satisfy local needs; but the sphere of action was very narrow. c. The "thing" incorporated was the municipal of- ficers, or these officers with a small body of "free- men" or voters; the more common style of the corporation was the "mayor, aldermen, and coun- cillors (or recorder)," sometimes a small body of the "freemen" or "commonalty" being included; and the corporation usually was "close," i.e., self- perpetuating by co-optation; occasionally officers were elective by the freemen (Stubbs, III, 577, passim). 1) The coroporation had control of the borough finances and property; and could pass ordi- nances, mainly relating to police. ORIGIN OP AMERICAN MUNICIPALITIES. 91 2) The mayor, recorder (city judge), and alder- men, in addition to their duties as councillors and their other strictly municipal functions, often had judicial or police powers as royal agents; such duties often being conferred by royal commission (Goodnow, Problems, 2; idem, City Govt., 43-45, 31 ; Fairlie, in Mun. Aff., II, 341-2). d. Corruption of English borough government for po- litical purposes eventually led to legislative inter- ference by special "commissions" and by special municipal acts, 1835, 1882, 1888, 1894, etc.; and a similar remedy for like abuses was sought in France, 1800, and Prussia, 1808 (Goodnow, City Government, 31-3). Thus the power of the city population to organize the city was transferred to the central government. History of American colonial municipal corporations. a. "Paper" boroughs in Maine. 1) Agamenticus, chartered in 1641 (charter in Haz- zard, Hist. Coll., I, 470) ; chartered as a "city" and called "Georgeana," 1642 (in Hazzard, I, 480. Cf . Williamson, Hist, of Me., I, 267, 346 ; and the works of Fairlie) ; charters fell on union with Mass. in 1652; and the town called "York" (See Emory, Hist, of Georgeana and York). 2) Kittery, incorporated 1647; fell, 1652. b. New York. 1) New Amsterdam was organized as a Dutch mu- nicipality in 1653. 2) At the English conquest, the town was recognized as a borough, but no charter (June 12, 1665). 3) The first or Dongan charter, April 27, 1686 (N. Y. Colonial Laws, I, 181-195) . 4) The Montgomerie charter, 1730-1830 (N. Y. Co- lonial Laws, II, 575-639). c. Albany: Chartered, July 22, 1686 (Munsell, Hist. Coll., I, 275; idem. Annals of Albany, I, 189, II, 88; N. Y. Colonial Laws, I, 195-216; Fairlie, Mu- nicipal Administration, 72 flf.). 92 PRESENT POLITICAL QUESTIONS. d. Philadelphia: First extant charter, 1691, followed by the 2d in 1701; Germantown, 1689; Chester, 1701 ; Bristol, 1720 ; Lancaster, 1742. These four small boroughs model for later Pa. boroughs. e. Five boroughs in New Jersey; last, Trenton, 1746. /. Annapolis, 1708. g. Williamsburg, 1722; Norfolk, 1736; Richmond, 1742 (On "paper" towns in Virginia, see Lodge, Short History, 51). h. Bath, N. C, 1705. 3. Leading characteristics of these colonial boroughs. a. General provisions derived from the contemporary English models (see the detailed analysis by Fair- lie, in Municipal Affairs, II, 351-381; and the briefer resume by idem. Municipal Administra- tion, 72-81). h. Significant innovations : showing the differentiation of American theory and method. 1) Except in the charters of Annapolis, Norfolk, and Philadelphia, close corporation was not re- tained, election of officers being substituted for co-optation. 2) The franchise was broadened to include other than "freemen," it sometimes being extended to "inhabitants." 3) The English abuses in connection with borough representation in the legislature do not appear. 4) Mayor chosen by the council; or, when council was elective, appointed by the governor; his powers enlarged. 5) The council had legislative powers; passed ordi- nances relating to cattle, food, streets, etc. 6) Powers granted by charter were freely added to by the assemblies ; and in this way direct special taxes were authorized, although the charters conferred no such rights (Fairlie, Municipal Ad- ministration, 76) ; yet the power of taxation, during the colonial and early national periods was very restricted. ORIGIN OF AMERICAN MUNICIPALITIES. 93 II. Municipal Corporations in the Early National Period, 1775-1820. 1. New cities incorporated (Fairlie, op. cit., 77-9) ; but decline in relative urban population (Weber, Growth of Cities, 23). 2. In the main, the characteristics of the English boroughs still prevailed. 3. Four significant changes (Fairlie, op. cit., 81). a. Close corporations disappear, and the principle of local election of councils established ; the mayor (as in Boston, 1822) begins to be elective by the peo- ple ; often by council in place of the governor. h. Supremacy of the state legislatures in granting the charters, and determining the powers of cities es- tablished. c. Beginnings of the bicameral councils and of the mayor's veto. d. Municipal affairs begin to be subordinated to state and federal politics. III. American Municipalities, 1820-1850 (Fairlie, op. cit., 81-85). 1. By state constitution, 1821, mayors in the five New York cities to be chosen by the common councils: another step towards locally instead of state ap- pointed officers. 2. The principle of popular election of mayor was ex- tended to the new cities: Boston, 1822; St. Louis, 1822 ; Detroit, 1824 ; and to the old cities of Phila- delphia, 1826 ; Baltimore, 1833 ; and New York, 1834. Boston adopted bicameral system. 3. New charter for New York, 1830, was adopted by a popular convention, ratified by a popular vote, and enacted into law by the legislature; special depart- ments were created (the so-called "board" system) ; these made independent (separate) from council, 1849 ; bicameral system and mayor's veto sanctioned by charter of 1830. 4. During this period were chartered Cleveland, 1836; Chicago, 1837 ; Milwaukee, 1846 ; and 37 other towns now having each more than 30,000. 94 PRESENT POLITICAL QUESTIONS. a. Council still had relatively large powers as compared with the mayor or the departments. h. Functions of cities expanded to meet new social needs; and new powers of general taxation granted. c. Legislative control growing. d. Vast relative increase of urban population : effect of canals and railways (Weber, 23-5). e. Summary: the five marks of the period (Fairlie, Municipal Administration, 85-6) . IV. American Municipal Growth, 1850-1870 (Fairlie, Mu- nicipal Administration, 86-92). 1. Rapid expansion of municipal functions. 2. Growth of special legislation; but this was forbidden by 7 states, although the law was often evaded by the "class" system. Ohio, in 1852, enacted the first general municipal law in the U. S. 3. Decline of the council; the era of special state "com- missions" for branches of city government. 4. Disintegration of city government in distinct depart- ments without harmonious policy. 5. Influence of spoils system. 6. Effect of the opening of railways to the West on the relative urban population (Weber, 24) ; effects of the Civil War. V. American Municipal Growth, 1870-1900 (Fairlie, 92-102; Goodnow, City Govt., chap. iii). 1. Further prohibition of special legislation and further abuse of the class system, notably in Ohio. 2. Many "reform" charters ; California, Minnesota, Wash- ington, and Missouri allow cities to frame their own charters. 3. Vast expansion in municipal functions, expenditures, and population. 4. Further mistrust and decay of the council; and a further expansion of the mayor's functions ; his pres- ent power of appointment, removal, and veto. ORIGIN OF AMERICAN MUNICIPALITIES. 95 5. Franchises still generally squandered; but in some cases a wiser policy pursued ; public ownership grow- ing. 6. State commissions are still being appointed ; and other harmful legislative interference exists. 7. The era of reform movements and systematic study of municipal problems. VI. American Municipal Growth, 1900-1913. 1. Sentiment favoring non-partisan municipal politics growing. 2. Rise and swift progress of the "commission plan" of city government; and appearance of the city man- ager. 3. The home-rule movement through charters locally adop- ted under a general law of the state gaining ground. 4. Sentiment favoring public ownership becoming stronger; and public utilities commissions and social service commissions are appearing. 5. The fight against the saloon, commercialized vice, white- slavery, and venereal diseases becoming earnest and widespread. 6. The movement for organized playgrounds, city-plan- ning, social centers, and various other forms of civic betterment making remarkable progress. 7. The outlook for the regeneration of the American city is becoming bright. REFERENCES. The organization of the old British boroughs is discussed by William Stubbs, Constitutional History (Oxford, 1890), III, 577-619, passim; and there is an historical sketch in J. F. Dillon, Municipal Corporations (Boston, 1911), I, 22-56. The rise of cities in America is carefully- traced by J. A. Fairlie, Municipal Administration (N. Y., 1901), 72-102; idem, "Municipal Corporations in our Colonial Period," in Municipal Affairs (1898), II, 341-81; idem, in Municipal Program (N. Y., 1890), 1-35; idem. Essays in Municipal Administration (N. Y., 1908), 48-94; idejw, "American Municipal Councils," in Political Science Quarterly, XIX (1904), 234-51; William B. Munro, Government of American Cities (N. Y., 1897), 1-28. Of great service are Frank J. Goodnow, Municipal Problems (N. Y., 1897), 1-32; idem. City Government in the United States (N. Y., 1904), 22-88; idem. Comparative Administrative Law 96 PRESENT POLITICAL QUESTIONS. (N. Y., 1903), I, 193-222. Read also AUinson and Penrose, Philadelphia, 1681-1887 (Baltimore, 1887), "Introduction" and pp. 8 ff.; Fassett Com- mittee, V, giving summaries of city charters; James Bryce, American Commonwealth (N. Y., 1893), chaps. 50-51; W. P. Holcomb, "Pennsyl- vania Boroughs," in J. H. U. S., IV (Baltimore, 1886) ; Edward Ingle, "Virginia Local Institutions," in ibid., Ill (Baltimore, 1885) ; Delos F. Wilcox, Municipal Government in Michigan and Ohio (N. Y., 1896) ; F. W. Holls, "State Boards of Municipal Control," in Conference for Good City Government (1896), 226-35; Henry W. Williams, "Reform of our Municipal Councils," in ibid., 236-46; S. B. Capen, "One or Two Legislative Councils," in iMd., 247-51; J. A. Butler, "A Single or a Double Council," in ibid., 252-62; Frank Moss, "State Oversight of Po- lice," in Municipal Affairs (1899), III, 264 ff.; E. Dana Durand, Finances of New York City (N. Y., 1898) , chaps, i, ii (historical sketch) ; idem, "Council versus Mayor," in Political Science Quarterly, XV (1900), 426- 51, 675-709; A. R. Hatton, A Digest of City Charters (Chicago, 1906) ; F. A. Cleveland, "Need for Coordinating Municipal, State, and National Activities," in Annals, XLI (1912), 23-39; A. F. Weber, Growth of Cities (N. Y., 1899). Section XIV. The Municipal Program of the National Municipal League. I. Preliminaries of the Program, 1894-1899. 1. Origin and character of the "National Municipal League." a. Call for the first or "Philadelphia Conference for Good City Government," Dec. 29, 1893 ; held Jan. 25-26, 1894. b. The Philadelphia Conference appointed a Commit- tee of seven to prepare a plan for a National Mu- nicipal League; the League organized by a Com- mittee, May, 1894. It is composed of two classes of members meeting in annual Conferences : 1) Affiliated members: leading reform-organizations of the country. 2) Associate members: students of municipal prob- lems. c. The first four conferences (Philadelphia, Minne- apolis, Cleveland, Baltimore) devoted to the study of municipal conditions in the United States (see the first three volumes of Proceedings). PROGRAM OF THE MUNICIPAL LEAGUE. 97 2. Origin of the Program. a. The fifth or Louisville Conference, 1897, appointed a committee to prepare a municipal program. b. Preliminary report of the Committee presented to the Indianapolis Conference, Nov., 1898. c. Final report, with finished draft of Program, adopted by the seventh or Columbus Conference, Nov., 1899. 1) The supplementary papers or explanatory part. 2) The Program proper or organic part. 3. The two divisions of the Municipal Program. a. Model for state "Constitutional Amendments," com- prising 5 Articles. b. Model for "Municipal Corporations Act," compris- ing 7 Articles. II. General Analysis of the Proposed Constitutional Amend- ments (See Howe's "Summary" and Wilcox's "Examina- tion," in Municipal Program, 157-166, 225-39; and con- sult the various special papers in the same volume) . 1. Art. I. Elections and voting. a. Personal registration, at least 10 days before elec- tion. 6. Secrecy in voting. c. City elections and nominations. 1) Different date from that of state or national elec- tions. 2) Nominations by petition; signatures of not more than 50 qualified voters required. 3) Separate vote for each candidate; candidates put on ticket in alphabetical order. 2. Art. II. Private and local bills forbidden. 3. Art. III. Powers, functions, organization. a. Streets, public places, etc. inalienable except by a four-fifths vote. b. Franchises: how long; conditions of grant pre- scribed. c. Municipal indebtedness and tax rate limited. 98 PRESENT POLITICAL QUESTIONS. d. Direct legislation, minority, proportional, or other method of representation permitted. e. Uniform methods of city accounting. /. City courts : minor tribunals may be established. g. City organization. 1) Mayor, elective; power of appointment and re- moval of heads of departments and subordinate officials; the merit system. 2) Council, elective; appoints controller; legislates. 3) All persons in administrative service, except mayor and councillors, hold without fixed terms. h. General powers of the city ; special laws, when valid : stringent conditions prescribed. i. Legislature to pass general corporations act: to be adopted by popular vote of each city accepting. 4. Art. IV. Power of cities to frame their own charters. 5. Art. V. Character of the petition to frame charter; mayor's power when council fails to provide for election of Board. 6. Interpretation of the Amendments (see the various articles in the volume ; particularly Wilcox's "Exam- ination." III. General Character of the Proposed Municipal Corpora- tions Act : Under the Model Constitutional Provisions. 1. Art. I. Incorporation of new cities and organization of existing cities under the act; annexation of terri- tory. 2. Art. II. Powers of cities : liberal home-rule provisions. 8. Art. III. The Mayor: veto power; when and how re- movable. 4. Art. IV. Administrative service: under civil service commissioners. 5. Art. V. The Council. 6. Art. VI. City Controller : elected by the council. a. Under the ordinances has "general supervision and control of all the fiscal affairs of the city." PROGRAM OF THE MUNICIPAL LEAGUE. 99 b. Keeps the accounts according to the uniform system prescribed by the Act for all cities of the state. 7. General provisions. IV. Meaning of the Municipal Program. 1. Its aim is to emancipate the urban community by grant- ing it as large a share of home rule as is consistent with wise state control. 2. It recognizes the "existence of three fundamental evils" in American city government (See Delos F. Wilcox, "An Examination of the Proposed Municipal Pro- gram," in Municipal Program, 225-39, giving a care- ful analysis; and compare Horace E. Deming, "Dis- cussion of the Municipal Program," in his Govern- ment of American Cities, 203-37). a. The economic evil: the "waste of public funds, through the multiplication of offices, the employ- ment of inefficient officers, the payment of exorbi- tant prices, and the expenditure of large sums in relatively fruitless enterprises." (Wilcox, 225). b. The political evil: inadequacy of the city govern- ment: in social service, whether moral, aesthetic, or physical (Wilcox, 225) . c. The moral evil: the "corrupt use of civic authority for the furtherance of individual ends" (Wilcox, 226). 3. For these evils, in their manifold aspects, it suggests remedies, such as may be applied "through a better organization of city government in all its relations" (Wilcox, 228-39). V. Estimate of the Influence of the Program since its Adoption in 1899. 1. Incorporation of its provisions in constitutions and laws. 2. Has experience suggested needful modifications? The League, 1913, has appointed a committee of 10 to re- examine the Program (National Municipal Review, II, 289). 100 PRESENT POLITICAL QUESTIONS. REFERENCES. An account of the origin of the League and its Program is given by Horace E. Deming, The Government of American Cities (N. Y., 1909), 203-204, whose book is of great value to the student of municipal pro- gress; and in the Prefatory Note to the Municipal Program, (N. Y., 1900) . Among the papers included in the last named volume, see espe- cially Horace E. Deming, "The Municipal Problem in the United States,'' in Municipal Program, 36-58; Albert Shaw "The City in the United States: The Proper Scope of its Activities," in ihid., 59-73; Frank J. Goodnow, "The Place of the Council and of the Mayor in the Organiza- tion of Municipal Government: The Necessity of distinguishing Legis- lation and Administration," in ihid., 74-87; Leo S. Rowe, "Public Ac- counting under the Proposed Municipal Program," in ihid., 88-110; Charles Richardson, "Municipal Franchises," in ihid., 120-28; Frank J. Goodnow, "Political Parties and City Government under the Proposed Municipal Program," in ihid., 129-45. Consult also C. R. Woodruff, "An American Municipal Program," in Political Science Quarterly, XVIII (1903), 47-58; Horace E. Deming, "A Municipal Program," reprinted from Annals (Philadelphia, 1901) ; W. D. Sheldon, "A Municipal Pro- gram," in Twentieth Century, V (1912), 237-43. For collateral study, see F. A. Cleveland, "Need for Coordinating Mu- nicipal, State, and National Activities," in Annals, XLI (1912), 28-39; idem, A Chapter on Municipal Adm,inistration and Accounting (N. Y., 1909) ; John A. Fairlie, "American Municipal Councils," in Political Science Quarterly, XIX (1904), 234-51; E. Dana Durand, "Council versus Mayor," in Political Science Quarterly, XV (1900), 426-51, 475-709; George B. McClellan, "The Tendencies of Municipal Government in the United States," in Atlantic Monthly, CVII (1911), 433-40; Edward M. Hartwell, Uniform Municipal Accounting : N. M. L., Painphlets, No. 10; C. R. Woodruff, National Municipal League's Work for Charter Reform,: N. M. L., Leaflets, n. s., No. 8; Allen R. Foote, Powers of Municipalities (Indianapolis, 1898), discussing the "Program." Section XV. The Movemnt foe Municipal Home Rule. I. Origin of the Movement. 1. Rise of the mistrust of the city council. a. Leading to increase of mayor's power : period 1880- 1900. 6. Giving opportunity for legislative interference. 2. Evils developed in American cities, 1789-1900. a. Special municipal administrative commissions ap- pointed and controlled by the legislatures. h. Special legislation ; how the movement to substitute general municipal laws was perverted, notably in Ohio and California; is there need of special laws (Oberholtzer, in Conference (1904), 172). MOVEMENT FOB MUNICIPAL HOME RULE. 101 c. Evolution of the "boss" and the "machine" : virtual "government by syndicate," favoring devices to disfranchise the people. d. Home rule yields to the exigencies of state and na- tional politics in the interest of the machine and its supporters, the corporations controlling the public services and utilities. Can the city be sepa- rated from state and national politics (Goodnow, Problems, chap, viii) . II. Statement of the Problem of Home Rule (Goodnow, Prob- lems, chaps, i, ii; idem. City Government, chaps, ii, iv; idem, in Conference (1898), 71-81; idem, in Conference (1905), 252 ff.; Deming, in Conference (1898), 53-70; Oberholtzer, in Conference (1904), 168 ff.). 1. How may the proper measure of local self-help be united with the proper measure of state control? 2. What is the true character of a city? a. A public corporation, not a mere business body ; and as such it should be the agent of the state. 6. But as a corporation it is primarily a body for the satisfaction of local needs; and the legislature should rely mostly upon local action. 1) Should the central control be a legislative or an administrative control ? 2) Should the council have legislative or merely exec- utive and administrative functions? 3) In what sense is there need of the "business man" in city office? 3. Should the city have the "residuum of power?" That is implied in home rule. 4. The solution suggested in the "Municipal Program" (analysis by Wilcox, in Conference (1904), 181 ff.). III. Home Rule Centers in the Homemade Charter, authorized by a Constitutional Amendment or an Original Constitu- tional Provision : Progress of the Movement, 1875-1913. 1. Missouri, 1875. a. Minimum population, 100,000; applying to Kansas City and St. Louis. 102 PRESENT POLITICAL QUESTIONS. 6. Freeholders' board of 13, chosen by the electors, to draft a charter. c. Referendum to adopt charter; by majority, in St. Louis ; by four-sevenths, in Kansas City. d. Amendments to the charter: proposed by city legis- lature and approved by a three-fifths majority of the electors voting. e. Submission of the charter to the state legislature not required. /. St. Louis adopted a charter, 1876 ; Kansas City, 1889, 1908. Powers of the city under the St. Louis charter (Parsons, City for the People, 419) ; ini- tiative and referendum amendment to the charter carried, 1912. 2. California: constitution of 1879, following the lead of Missouri, opens the way for home rule ; amendments of 1887, 1892, 1902, 1906, and 1911 progressively ex- tend the liberty of self-help. a. Vast bulk of the old charter through amendments (Parsons, 418). b. Minimum population, 1879, 100,000; reduced to 10,000, 1887 ; to 3,500, 1892. c. Freeholders' board of 15, chosen by majority vote of electors ; state legislature must accept or reject it as a whole. d. Amendments : proposed either by city legislature or through mandatory (1902) initiative of 15 per cent of the electors; adopted by a majority vote (earlier, three -fifths) ; submitted to the state leg- islature at any regular or special session (1911). e. New charters: similar mandatory initiative of 15 per cent of the electors may determine the ques- tion of beginning proceedings (1911) ; freehold- ers' board to have 120 instead of 90 days to do its work (1911). /. Through new charters or charter amendments, the electors are empowered to establish a borough sys- tem of government for the whole or any part of the territory of the city (1911). MOVEMENT FOR MUNICIPAL HOME RULE. 103 g. Home rule county charters : the electors of any coun- ty may choose a freeholders' board of 15 electors to frame a charter (Act of 1911. Consult William Gary Jones, in National Municipal Review, I, (1912), 100-102; and especially E. I. Miller, in American Political Science Review, VII, 411-19). h. By 1912, at least 31 places in California had home- made charters (Thomas H. Reed, in National Mu- nicipal Review, I, 570). 3. Washington, 1889. a. Minimum population, 20,000; but in 1911 the Allen law granted many of the essentials of commission home rule to all cities (see Charles G. Haines, in National Municipal Review, I, 119-20). h. Freeholders' board of 15, to frame charter. Two years' previous residence required. c. Referendum : majority vote adopts. d. Amendments: on initiatory petition of 25 per cent of the voters the city council must call election of a new freeholders' board to propose changes in the charter; on a like petition of 15 per cent the council must submit to the electors a specified amendment. e. No submission of the charter to the state legislature required. 4. Minnesota, 1896-1898. a. Applies to "any city or village." h. Freeholders' board of 15, to frame charter; a per- manent body, with 4 years' tenure, and vacancies regularly filled; appointed by the district judges whose action is mandatory on petition of 10 per cent of the electors. Board has no salary. Mem- bers must have been qualified voters for 5 years. c. Referendum: four-sevenths majority vote adopts the charter, which goes into effect in 30 days (see W. A. Schaper, in National Municipal Review, I, 109-10, 476-80). d. Amendments: proposed by the board or by initia- tive of 5 per cent of the electors ; adopted by three- fifths of those voting at the election. 5. Colorado, 1902. 104 PRESENT POLITICAL QUESTIONS. a. Minimum population, 2,000. &. Charter convention of 21 elected tax-payers to frame charter; virtually obligatory (Oberholtzer, 174). c. Referendum: majority vote adopts. d. Amendments, measures, or a charter : initiative of 5 per cent may demand a referendum at regular elec- tion or 10 per cent may demand at special election (by charter of Denver) . 6. Oregon : first plan, 1901 ; present plan, 1901-1903, 1906. a. Applies to any town or city. h. Freeholders' board of 15 to frame charter; elected. c. Referendum: majority adopts. d. Amendments adopted by majority vote of the elec- tors. e. The state legislature may not enact, amend, or re- peal any charter or act of incorporation of any city or town. 7. Oklahoma, 1907. c. Minimum population, 2,000. h. Elected charter board of 2 freeholders from each ward. c. Referendum: after approval by majority vote, the charter must be submitted to the governor, who is required to approve, if it is not in conflict with the state laws. d. Amendments : initiated by a petition of 25 per cent of the qualified voters ; or by proposals submitted by the legislative authority of the city. 8. Michigan, by revised constitution, 1908; followed by the statute of 1909. a. Applies to all cities. h. Charters of new cities framed by a charter commis- sion of 9 electors chosen by popular vote. c. Revised charters of existing cities, procedure: 1) Question of revision submitted to the electors by a two-thirds vote of the city legislature on an initiatory petition of 20 per cent of the total vote cast for mayor. 2) Then the charter revised by an elected commis- sion of 1 member for each ward and 3 members at large; candidates for commissioners put on MOVEMENT FOR MUNICIPAL HOME RULE. 105 ballot without party designation. Previous res- idence of 3 years required. No city officer or employe is eligible. d. Charter amendments proposed either by a two- thirds vote of the city legislative body or by an initiatory petition of 20 per cent of the vote for mayor. e. Every charter and charter amendment before sub- mission to the electors, must go to the governor. If disapproved, it may be passed, on reconsider- ation, by a two-thirds vote either of the charter commission or of the city legislative body. Then, if accepted by the electors, it becomes a law and a copy is certified to the secretary of state. /. Charters and charter amendments may be proposed but once in two years. g. General law prescribes certain provisions which every charter must contain. h. Home rule for villages is provided for by a separate and similar statute. The village charter commis- sion consists of 5 members. i. County home rule is authorized. County boards of supervisors may enact laws, ordinances, and regu- lations, for submission to the governor. If dis- approved, they become law on reconsideration, by- a two-thirds vote of the county board, but subject to a referendum within 50 days. j. Relative value of this unique legislation (see John A. Fairlie, in American Political Science Review, IV, 119-23 ; George L. Clark, in National Municipal Review, I, 273-75; Guy A. Miller, in Conference for Good City Government, 1910, 229-48) . 9. Wisconsin, 1911: home rule sanctioned for all cities (see National Municipal Review, I, 121-22; Session Laws, 1911, pp. 558-62). 10. Taxes, 1912: home rule for cities of 5,000 or more (General Laios, 1911, pp. 284-85) . 11. Arizona, 1912 : home rule for cities of more than 3,500 population (Laws, Special Session, 1912, pp. 15-19) . 12. Ohio, 1912: constitutional amendment granting home 106 PRESENT POLITICAL QUESTIONS. rule to cities. By July, 1913, eleven cities, including Dayton, Columbus, and Cleveland, had appointed charter commissions (See Section XVI, II, 7). 13. Virginia, 1912 : home rule amendment adopted. 14. Nebraska, 1912: (Laws, 1911, 681-84; 1913, 269-70). a. Applies to all cities of 5,000 or more. b. Charter convention of 15 freeholders, who have been qualified electors of the city for at least 5 years, chosen by the qualified voters at any general or special election. They must submit a charter within 4 months. If it be rejected by the electors, another charter convention may be created within 6 months ; and this procedure may be repeated in- definitely. c. Such charter may be amended or a new convention called upon proposal of the city lawmaking body or through petition of not less than 5 per cent of the qualified electors. d. Alternate sections or articles may be submitted to the electors by the convention or on mandatory ten per cent initiative of the voters (Laws, 1913, 269- 70). Each may be voted upon separately without prejudice to the others. e. No charter or amendment shall be amended or re- pealed except by vote of the electors (On the Ne- braska law, see A. E. Sheldon, in National Mu- nicipal Review, I, 111-12). 15. Examples of partial home rule. a. Louisiana, 1898 (Acts, 1898, 243-44) : amendments to existing charters by local action. 1) Amendments may be proposed by the mayor and board of aldermen for submission to the gov- ernor. 2) Unless protested by one-tenth of the qualified voters, the governor, on advice of the attorney general, shall approve, in which case the amend- ments become law. 3) If protested, the governor shall not approve until the proposed amendments are accepted by a majority vote of the electors of the city. MOVEMENT FOR MUNICIPAL HOME RULE. 107 6. New Jersey, 1908: the legislature enacts a general municipal law (charter). Any city may come under its provisions by vote of the electors. 16. Progress of the movement for home rule in other states and in other ways. a. Work of the "Municipal Government Association" in New York State. Platforms of the Republican and the Democratic parties declare in favor (Na- tional Municipal Review, II, 119-20). h. Rise of home rule sentiment elsewhere. c. The spread of municipal home rule is not measured solely by the grants of power to frame charters. Its principle is the vital factor in "commission government" ; and it is democratizing some of the special charter legislation of conservative states. IV. Home Rule Charters and State Control. a. The city should determine its own local public policy and have power to administer such policy : that is, it should have complete power of local self-gov- ernment. b. The state is the source of corporate authority for all the cities of the state; and hence the state legislature has a proper sphere of general mu- nicipal control; examples: 1) Limitation of the borrowing power. 2) Establishment of a uniform system of account- ing. 3) General administration of justice and police. 4) Control of the general educational system. c. Conflict arises in determining what are "state af- fairs" and what "municipal affairs" under the new home rule statutes: urgent need of broad-minded judicial interpretation. V. Social Value of Municipal Home Rule. 1. It means the rule of the people in its best form. a. Full participation in all the public affairs of the urban community. h. The aid of experts as the responsible servants of democracy. 108 PRESENT POLITICAL QUESTIONS. 2. It makes good citizenship and the highest type of pa- triotism through the quickening of the interest of all in public affairs. 3. It means freedom from the boss and the partisan po- litical machine. 4. It means the creation of a "civic home" worthy of an enlightened community. REFERENCES. The movement, particularly the relation of city and state under an efficient administrative system, is discussed by Frank J. Goodnow, Mu- nicipal Home Rule (New York, 1895). See also his Municipal Problems (N. Y., 1897), chaps, i, ii, viii; idem, City Government (N. Y., 1904), chaps, ii, iv; idem, Municipal Government (N. Y., 1909), chap, viii; idem,, "Municipal Home Rule," in Political Science Quarterly, x (1906), 1-21; idem, in Conference for Good City Government (1905), 252 ff., ihid. (1898), 71-81. The movement is warmly supported by Frank Parsons, City for the People (Philadelphia, 1901), 387-453; by Frederick C. Howe, The City the Hope of Democracy (N. Y., 1909), 158-76; by Horace E. Deming, Governm,ent of American Cities (N. Y., 1909), 91- 97, 188-200; idem, in Conference (1895), 244 if., (1898), 50, 70. See also G. H. Haynes, "People's Rule in Municipal Affairs," in Political Science Quarterly, XXVI (1911), 432-42. There is a conservative chapter, with a good discussion of the re- lation of city and state, in William B. Munro, The Government of Am,erican Cities (N. Y., 1912), 53-79; idem,, "Current Municipal Af- fairs," in Am,erican Political Science Review, VI (1912), 84-104. Read also P. E. Oberholtzer, "Progress of Home Rule," in Conference (1904), 168-80; idem, "Home Rule," in Annals, III (1893), 736-63; Delos F. Wilcox, Study of City Government (N. Y., 1897), chap, iii; idem, in Conference (1904), 181-96; idem, American City (N. Y., 1904), 313 flf.; F. A. Cleveland, in Conference (1895), 234 ff.; M. R. Maltbie, "City- made Charters," in Yale Review, XIII (1905) , 380-407. For the procedure in making home rule charters, see "Municipal Home Rule Charters," in Comparative Legislative Bulletin (Madison, 1908). Progress in California is discussed by William Gary Jones, in National Municipal Review, I (1912), 100-102; and by Thos. H. Reed, in ibid., I, 569-76; in Michigan, by John A. Fairlie in Am,erican Political Science Review, IV (1910), 119-23; by Guy A. Miller, "Recent Constitutional and Statutory Enactments in Michigan relative to Cities," in Confer- ence (1910), 229-48; and by George L. Clark, in National Municipal Review, I (1912), 273-75; in Minnesota, by W. A. Schaper, in ibid., I, 109-10, 476-80; in Nebraska, by A. E. Sheldon, in ibid., I, 111-12; in Ohio, by A. R. Hatton, A Report on Constitutional Home Rule for Ohio Cities (Cleveland, 1912) ; in Missouri, by J. W. S. Peters, in Annals, XXVII (1906), 155-67; in Washington, by Charles G. Haines, in Na- tional Municipal Review, I, 119-20. See also Charles Merriam, "The Chicago Charter Convention," in Am,erican Political Science Review, COMMISSION GOVERNMENT. 109 II (1907), 1-14; and Horace E. Flack, "Municipal Charter Reform," in ibid., IV (1910), 223-26; notes in Annals, XXIV (1904), 111-27; Amasa M. Eaton, "The Right of Local Self-Government," in Harvard Law Re- view, VI (1900), 441-54. Consult Dorman B. Eaton, Government of Municipalities (N. Y., 1901), 3-88, passim; James Bryce, American Com- monwealth, I, chap, iii; John A. Fairlie, Municipal Administration (N. Y., 1901), chap, xx; Bird S. Coler, Municipal Government (N. Y., 1901), 1-25 (New York charter) ; L. S. Rowe, Problems of City Government (N. Y., 1908), chap, ix; Charles Zeublin, A Decade of Civic Develop- ment (Chicago, 1905) ; R. S. Binkherd, Home Rule for Cities (N. Y., 1912); J. F. Dillon, Law of Municipal Corporations (Boston, 1911), I, 110-18. For the relations of city and state see Eugene McQuillin, Law of Municipal Corporations (Chicago, 1911-12), I, 309; J. F. Dillon, op. cit., I, 140-472; Frank J. Goodnow, Comparative Administrative Law (N. Y., 1903), I, chaps, v-vii; A. R. Hatton, A Digest of City Charters (Chi- cago, 1906), 1-48, passim; John R. Commons, "State Supervision for Cities," in Annals, V (1895), 865-81; F. W. HoUs, "State Boards of Mu- nicipal Control," in Conference for Good City Government (1896), 226-35; Frank Moss, "State Oversight of Police," in Municipal Affairs, III (1899), 264 ff. ; Horace E. Deming, Government of American Cities (N. Y., 1909), 125-39, passim. Section XVI. Commission Government and the Short Ballot. I. Origin of the Commission Method. 1. Early precedents for the use of commissions in county and city (W. O. Scroggs, "Commission Government in the South," in Annals, XXXVIII, 682-97; R. A. Campbell, in American Political Science Review, II, 571-74; F. H. McGregor, City Government by Com- mission, 10-23; C. W. Eliot, in World's Work, XIV, 9424) . 2. The movement for concentration of power in a mayor elected at large, 1880-1900, involved the main pur- poses and principles of the commission plan, but with the retention of the one or two chamber cun- cils and other features of the old municipal organiza- tion and the long ballot. a. The first charter based on this principle was that of Brooklyn, in force Jan. 1, 1882 (Howe, The City the Hope of Democracy, 84-85; Seth Low, The Problem of Municipal Government in the United States, Ithaca, 1887). 110 PRESENT POLITICAL QUESTIONS. 6. Many other cities followed the example of Brook- lyn: Boston and New York, the most notable ex- amples (Fairlie, Essays in Municipal Administra- tion, 22; Munro, Government of American Cities, 212 ff.; Howe, op. czi., 84-87). 3. The Galveston plan, 1901-1903 (see the literature below cited) . a. Character of the old city government ; circumstances giving rise to the commission. 6. The new commission charter as amended, 1903 (text . in Beard, Digest). 1) The whole municipal authority, legislative and administrative, vested in a commission of 5 members, chosen biennially by popular vote, one of whom styled "mayor-president." 2) The mayor-president presides in the meetings of the commission ; has a general supervisory func- tion, but no special department; has one vote, and no veto. He must devote 6 hours a day to his office. 3) The five commissioners act as a responsible unit, exercising all legislative, executive, and other authority of the city by majority vote. 4) The commissioners by majority vote apportion among themselves the headships of 4 adminis- trative departments: finance and revenue; waterworks and sewerage; police and fire pro- tection; streets and public property. 5) Appointments to higher posts in each department are made by vote of the whole commission; minor appointments, by respective department heads (see the list in Bradford, Commission Government, 8-9). c. Kemarkable success of the plan. 4. The Des Moines Plan, 1907-8 (text in Beard, Digest; in Bradford, Commission Government, 312-38; in Woodruff, City Government by Commission, 319-54). a. As in Galveston, the whole legislative, judicial, and executive authority is vested in a commission of COMMISSION GOVERNMENT. Ill 5 members, consisting of a mayor and 4 other councilmen elected at large for two years. The commissioners are collectively responsible. 6. The business administration is divided into five de- partments. The mayor, by election, is ex-officio head of the department of public affairs; while each of the other councilmen is placed at the head of a department by majority of the whole council. The departments are: 1) Accounts and finances. 2) Public safety: fire and police. 3) Streets and public improvements. 4) Parks and public property. 5) Public affairs. c. All appointments are made by the council; and it may remove by majority vote of the whole body. The council must appoint a civil service commis- sion of 3 members. d. Democratic provisions which have made the Des Moines Plan the most influential type of commis- sion government. 1) The initiative. 2) The protest. 3) The referendum. 4) The recall. 5) Nomination by petition, the direct primary, and the non-partisan Australian ballot. 6) The civil service commission. e. Successful working of the plan, 1908-1913. II. Some Varying Types of Commission Government and Par- tial Commission Government (Details in Bradford, Com- mission Government; and in Beard, Digest of Short-Ballot Charters). 1. The Berkeley plan, provided for in its home-rule char- ter, 1909 (Jones, in Annals, XXXVIII, 935-43 ; Brad- ford, Commission Government, 103-104; text in Beard, Digest), a. A council of 5, with powers and procedure quite 112 PRESENT POLITICAL QUESTIONS. similar to those of the Des Moines commission. Each member is assigned a position by vote of the council. Initiative, referendum, and recall sanc- tioned. Daily sessions of the council required. b. The distinguishing feature is the double election for commissioners, copied widely by other cities. 1) First election is final for those receiving a ma- jority of all, votes cast; a primary for the other candidates. 2) Second election, after 3 weeks, is final for the two highest remaining candidates for each office. 2. The San Diego plan, 1909: The people elect a com- mission of 5 councilmen and a mayor who is not a member of the council. In addidtion, a treasurer and a school board are elected. 3. The Grand Junction plan, 1909: the primary and the election are "consolidated" into one; and the five commissioners are chosen on a preferential ballot (Bradford, Commission Government, 100-103, 807- 11; Bucklin, "The Grand Junction Plan," in Annals, XXXVIII, 757-72; Woodruff, City Government by Commission, 35-37; text in Beard, Digest). 4. On December 28, 1910, Spokane adopted commission government, with the Grand Junction form of prefer- ential ballot (see the report in Beard, Digest). 5. The Colorado Springs plan, 1909: government by a mayor and 4 commissioners. Three distinguishing features: rotation in choice of the commissioners, two being chosen at one election, and two at the next, two years later; appointment and removal of all officials, except clerk and attorney, by the mayor, the department heads having the right of recom- mendation; and the two-election system on the Berkeley model (Bradford, op. cit., 103; Wood- ruff, op. cit., 35 ; Childs, Politics without Politicians, 13 ; Flack, in American Political Science Review, IV, 223-26. Read the special report in Beard, Digest). 6. Tacoma, 1910, adopted a commission charter, with the Berkeley system of two elections. COMMISSION GOVERNMENT. 113 Ohio's unique home rule system under the constitu- tional amendment of 1912 : two general methods for securing city charters by popular action authorized (S. G. Lowrie, in American Political Science Review, VII, 422-24). a. Through a commission to draft a charter to be sub- mitted to the electors. Under this provision, Cleve- land, Dayton, and other cities have framed their own charters (see Section XV, III, 12). 6. The triple-option method, carried out by the model law of 1913 (S. G. Lowrie, in American Political Science Review, VII, 422-24). 1) Commission plan, with 3 or 5 commissioners ac- cording to population. 2) City manager plan, with 5, 7, or 9 councilmen according to population. 3) Federal plan, with 5, 7, 9, o rl5 councilmen ac- cording to population. The Nebraska plan, 1911. Several noteworthy features (see Beard, Digest). a. Commission consists of 3 councilmen for cities of 5 to 25 thousand; 5, for cities of 25 to 100 thou- sand; 7, for cities of more than 100 thousand. The term is that prescribed in the ol dcharter when the city comes under the new plan. Council chooses the mayor from its own number. b. At the primary and the election, the names of can- didates are printed on the ballot by the rotation system. c. The number of administrative departments corre- sponds to the number of commissioners. d. The initiative is on a basis of 15 per cent for special elections and 10 per cent for regular elections; the referendum, on a 15 per cent basis; and the recall on a basis of 30 per cent. The commissioners are elected by the people to partic- ular departments in Bartlesville, Duncan, and Guth- rie, Oklahoma; Baker, Oregon; Greenville, Texas; Grand Junction, Colorado ; and Lynn, Massachusetts. In Kansas cities, a candidate may designate on the ballot the department which he wants. 114 PRESENT POLITICAL QUESTIONS. 10. In a large number of places, the mayor-commissioner is elected to a specific place; while in Bluefield and Huntington, West Virginia ; High Point, North Caro- line; Houston, Fort Worth, and El Paso, Texas, the other commissioners are assigned to departments by the mayor (see Table 6 in Bradford, op. cit., 200-203, and in general, 197-213). 11. The Wisconsin Commission law, 1911, gives evidence of German influence: the "mayor and councilmen need not be residents of the city by which they are chosen"; but after election they must reside there and give their whole time to official work (Bradford, op. cit., 72-73). Same rule in Sumter, S. C, and in Dayton, Ohio. III. Growth of the Commission Movement (Woodruff, City Government by Commission, I, 288-307; Beard, Digest of Short Ballot Charters, giving a List to May, 1913). 1. Rapid spread in recent years: in 1911 were adder 92 commission cities in 25 states; in 1912, at least 35 (National Municipal Review, I, 45-48, II, 116). 2. At present (May 20, 1913), 226 communities of above 2,500 people, and at least 28 of less than that num- ber, have adopted some variety of commission gov- ernment; while several hundred other communities are considering it (312 in 1912: see Woodruff, op. cit., 1, 288, 307; and the list corrected to May 20, 1913, in Beard, Digest. Compare the official list of 245 commission cities, corrected to April 1, 1913, in Equity, XV, 152). 3. These charters and laws reveal six characteristics (Bradford, in Annals, XXXVIII, 676-81; idem, in Woodruff, City Government by Commission, 98 ff. ; idem, Commission Government, 128-29). a. The commission has both legislative and adminis- trative power: thus securing unity and responsi- bility. b. Each commissioner heads a department. c. The board is small, never more than 10, usually not more than 5, thus securing the short ballot. d. The commissioners are elected at large ; thus break- ing up the ward system. COMMISSION GOVERNMENT. 115 e. Publicity in management of all city affairs; con- stituting a check upon official conduct. /. In an increasing number of cities, the initiative, referendum, and recall ; thus establishing pure and safe democracy. IV. The Merits of the Commission Plan (see Munro, Govern- ment of American Cities, 304-19; Woodruff, City Govern^ ment by Commission, 130-65; Eliot, "City Government by Commission," World's Work, XIV, 9419-26). 1. Analysis of the argument for the plan. 2. Analysis of the objections to the plan (see Annals, XXXVIII, 851-87 ; Woodruff, op. cit., 143-65 ; Munro, op. cit., 311-19 ; Bradford, op. cit., 299-303 ; and the literature below cited). V. Great Importance of the Short Ballot Movement finding its Best Realization in the Commission Plan. As defined by the "Short Ballot Organization," its Principle is : 1. "That only those offices should be elective which are important enough to attract (and deserve) public examination; and 2. "That very few offices should be filled by electors at one time, so as to permit adequate and unconfused examination of the candidates" (see Childs, in Annals, XXXVIII, 816-22). VI. The City Manager Plan : Centralized Forms of City Gov- ernment other than the simple Commission Plan, 1. The Newport plan (Howe, The City the Hope of De- mocracy, 101-105; Chadwick, in Conference (1907), 166-77; or the same in Woodruff, op. cit., 187-210; idem, in AmericanPol. Science Association, Proceed- ings, III, 58-66). 2. The Staunton, Virginia, Plan, 1908: administration through a "general manager" (Bradford, op. cit., 119-24 ; Crosby, in Annals, XXXVIII, 877-83) . 3. Roswell, New Mexico, has a city supervisor appointed by the council. 4. The "Lockport Proposal" for the creation of a city manager, to be appointed by the council, 1911 (Wood- 116 PRESENT POLITICAL QUESTIONS. ruff, op. cit., 305-306; Bradford, op. cit., 124; Silver- nail, in Annals, XXXVIII, 884-87) . 5. The city manager plan of Sumter, South Carolina (see Sumter "City Manager" Plan of City Government, published by the Short Ballot Organization, N. Y., 1913 ; R. S. Childs, Sumter City-Manager Plan (Sum- ter, 1913). 6. Growth of the city manager plan in Ohio, Arizona, and other states (see Equity, XV, 200; L. D. Upson, "The City-Manager Plan for Dayton," in National Mu- nicipal Review, II, 639-44). VII. The Movement for Commission State Government (see Equity, XV, 100-102, 155-61). REFERENCES. Important works are: Henry Bruere, The New City Government (N. Y., 1913) ; Ernest S. Bradford, Commission Government in American Cities (N. Y., 1912) ; John J. Hamilton, The Dethronement of the City Boss (N. Y., 1910) ; or the same, new edition under title City Govern- ment by Commission (N. Y., 1911) ; F. H. McGregor, City Government by Commission (Madison, 1911) ; Benjamin F. Shambaugh, Commission Government in Iowa: the Des Moines Plan (Iowa City, 1912) ; C. R. Woodruff, City Government by Commission (N. Y., 1912), giving a re- print of various papers from the Proceedings of the National Municipal League and elsewhere; the symposium by Ernest S. Bradford and twenty-nine others, "Commission Government in American Cities," in Annals, XXXVIII (1911), 671-943. A similar collection of papers is E. C. Robbins, Selected Articles on the Com/mission Plan (Minneapolis, 1909; new ed., 1910). See also the short symposium by William B. Munro, F. E. Chadwick, and S. B. Allen, in Chautauquan, LI (1908), 108-41, discussing respectively the Galveston, the Newport and the Des Moines plans. A convenientsource-book is Charles A. Beard, Loose Leaf Digest of Short Ballot Charters: A Documentary History of the Com- mission Plan of Municipal .Government (N. Y., 1911) ; and this is sup- plemented by A. R. Hatton, Digest of City Charters (Chicago, 1906). On the movement for short-ballot, read Arthur Ludington, in American Political Science Review, V (1911), 79-82; Richard S. Childs, Short Ballot Principles (Boston, 1911) ; idem, Politics without Politicians (N. Y., 1910) • idem, The Story of the Short Ballot Cities: an Explanation of the Success of the Commission Form of Government (N. Y., 1911) ; idem, "The Short Ballot and the Commission Plan," in Annals, XXXVIII (1911), 816-22- H. S. Gilbertson, "Short Ballot in American Cities," in Review of Reviews, XLV (1912), 82-85; "Short Ballot Principles," in American Cities, V (1911), 263-64. There is a bulky periodical literature on the subject, a part of which AMERICAN BAD GOVERNMENT. 117 is noted in the "Select Bibliography." Read Charles W. Eliot, "City Government by Commission," in World's Work, XIV (1907), 9419-26; idem, in South Atlantic Quarterly, VIII (1909), 174-83; idem, in Charles A. Beard, Digest; J. H. McParland, "The Relation of the Commission Form to Public Improvements," in American City, V (1911), 36-39; Ford H. McGregor, "Commission Government in the West," in Annals, XXXVIII (1911), 726-47; W. O. Scroggs, "Commission Government in the South," in ibid., 682-97; George Kibbe Turner, "Galveston: A Busi- ness Corporation," in McClure's Magazine, XXVII (1906), 610-20; idem,, "The New American City Government (Des Moines)," in ibid., XXXV (1910), 97-108; Oswald Ryan, "Commission Government Described," in C. R. Woodruff, City Government by Commission (N. Y., 1912), 64-88; W. R. Nelson, "Popular Arguments for Commission Government," in ibid., 130-42; Ansley Wilcox, "Popular Arguments Against Commission Government," in ibid., 143-65; Richard S. Childs and others, "City Gov- ernment by Commission": a Report for the National Municipal League, in National Municipal Review, I (1912), 40-48; William B. Munro, "The Galveston Plan of City Government," in Conference (1907), 142- 55; the same in Woodruff, op. cit, 44-63; idem, "Ten Years of Commis- sion Government," in National Municipal Review I (1912), 562-68; idem, in his Government of Annerican Cities, (N. Y., 1912), 294-320. For a list of references for and against commission government, see Ford H. McGregor's bibliography, in Woodruff, op. cit., 357-69; a sim- ilar list in E. C. Robbins, Select Articles, 5-14; and consult the references in Beard's Digest. SECTION XVII. Theory of American Bad Government. A. Social Factors. I. Sociological Foundation of Society: Influence of Race- Struggle (Dealey and Ward, Text-Book of Sociology, chap. 13 ; Ward, Pure Sociology, 193 ff. ; Giddings, Principles of Sociology, 14, 100 ff., 300 ff. ; Gumplowicz, Rassenkampf ; Ratzenhofer, Sociologische Erkenntniss). 1. Leading to conquest and forcible assimilation. a. Race hatred and spoliation; cannabalism. b. Safety for subjugation. 2. In consequence, ownership and sovereignty are con- fused ; influence of patriarchalism (modern example in Penfield, Present Day Egypt, 218). a. Feudal illustrations. b. French example : Louis XIV and the Ancient Regime. c. Modern examples of colonial exploitation (Johnson, Exploitation of Colonies, 1902) . d. Survivals in progressive occidental states. 118 PRESENT POLITICAL QUESTIONS. 11. Proximate Causes of Bad Government in Modern Societies. 1. The dual ethical code: how far a survival? a. In practice the standard of public ethics is lower than that of private ethics. b. Social ethics the only right ethics (see Ward, Ap- plied Sociology) . 2. The unlimited competitive system : the law of "natural selection" should yield to the law of "artificial selec- tion" in social evolution. 3. Evil effects of regarding government as a source of private gain. a. Exploitation of public office in the United States. b. Instructive lesson of Swiss good citizenship. 4. The illusion of the distant or indirect in testing the quality of law or government (Ghent, Our Benevo- lent Feudalism, especially 100 ff. ; idem. Mass and Class, 181 ff . ; Ross, in Atlantic Monthly, May, 1905) . a. Bad sanitation and war. b. The mortality of the crowded tenement. c. The slaughter of the innocents through adulterated foods. d. Congress raised the death rate by postponing the "safety-coupler" (1893-1900). B. Historical Factors. I. Rise of False Ideals of Social Service. 1. Perversion of the civil service under British imperial- ism (G. E. Howard, "British Imperialism and the Reform of the Civil Service," in Political Science Quarterly, XIV (1899), 240-50; reprinted in David Starr Jordan, Imperial Democracy, 118-32 ; replying to Franklin H. Giddings, in Political Science Quar- terly, XIII, 585-605). a. In the American colonies. b. In India and other dependencies. c. In Great Britain and Ireland. 2. Harmful influence of aristocratic ideals and practices AMERICAN BAD GOVERNMENT. 119 on rising democracy: office a special privilege and a source of gain. a. In Europe: long abuse of power produces violent reaction from insurgent democracy, notably in the French Revolution, and the risings of 1848. b. In England : no real government by the people until after the reform Bill of 1867. c. In the United States: only a "shadow-democracy" (Read Weyl, The New Democracy, 7-22; Smith, The Spirit of American Government, 12-39, passim). 3. Influence fostering the unique system of partisan gov- ernment in the United States (Compare Smith, Spirit of Am. Gov't, 203 ff.). a. How government was regarded during the colonial era : domestic taxes light ; imperial taxes resented ; relatively government not much appreciated; or it was resented as a privilege of imperialism or of the "well-born" (W. G. Sumner, The Financier and the Finances of the American Revolution, 11- 34). 6. Development of the party system and "plum-tree" ethics. 1) The reaction of the Jeflfersonian "revolution" of 1801. 2) The reaction of the Jacksonian revolution of 1829. 3) Pernicious influence of America's unique party caucus and convention system. 4) The temptation afforded by the crude majority- plurality system of representative legislation. 5) Pervasive evil influence on political ideals and governmental methods of the Civil War, 1861- 65: a tremendous peace-argument. 6) Thus arose a false notion that rotation in office is a safeguard of true democracy: the motive- power of the corrupt machine. Compare the Swiss ideal. II. Rise of False Ideals of Social Welfare. 1. The great temptation : wastful conquest of the nation's 120 PRESENT POLITICAL QUESTIONS. enormous material resources (Compare Weyl, chap, iii, 23-35). a. Cheap lands. b. Mineral deposits. c. Water power. d. Forests. 2. Wasteful railway construction; town-booms followed by panics ; speculation and gambling. 3. Consequences of the wastful conquest of the continent. a. Neglect of technical and vocational education; and of a trained civil service. b. Intense individualism fostered; social or collective welfare neglected. c. Failure to keep abreast of European progress in eco- nomic and administrative organization. d. False notions of what constitutes "prosperity." e. Unequal distribution of product of labor: does the making of millionaires at the expense of the mil- lions really much increase the nation's wealth? /. Vast trusts or industrial combinations matched against feeble individual effort. g. All other results intensified by immigration and the sudden rise of the great city and its strange prob- lems. III. The Influence of Plutocracy on Government. a. Theory of the leisure class (see the works of Veblen, Ghent, and Lloyd, below cited) : "Conspicuous waste." b. Public utilities in private hands: who pays the "boss"? c. The pseudo-democratic theory that the "less govern- ment the better." d. Influence on jurisprudence. 1) Law. 2) Lawyers. 3) Courts. e. Influence on public opinion (Weyl, 121-38). AMERICAN BAD GOVERNMENT. 121 /. Inefficiency of the plutocracy in "business" and in government. IV. Rise of the New Democracy. 1. The new ideal of social welfare and social service. 2. The new agencies of popular government. REFERENCES. J. A. Smith, The Spirit of American Government (N. Y., 1907) ; James Bryce, American Commonwealth (last edition, N. Y., 1911) ; Walter E. Weyl, The New Democracy (N. Y., 1912) ; T. Veblen, Theory of the Leisure Class (N. Y., 1899) ; idem,. Theory of Business Enterprise (N. Y., 1904); H. Croly, The Promise of Am,erican Life (N. Y., 1909), espe- cially, 100-125; W. J. Ghent, Our Benevolent Feudalism (N. Y., 1902); idem, Mass and Class (N. Y., 1904) ; H. D. Lloyd, Wealth Against Comr monwealth (N. Y., 1898) ; E. A. Ross, Sin and Society (Boston, 1907) ; Lincoln Steffens, The Struggle for Self -Gov emm^ent (N. Y., 1906) ; idem. The Shame of the Cities (N. Y., 1904) ; Carl R. Fish, Civil Service and Patronage (N. Y., 1905) ; M. Ostrogarski, Democracy and the Party System (N. Y., 1910) ; Jane Addams, Dem,ocracy and Social Ethics (N. Y., 1912) ; idem, Newer Ideals of Peace (N. Y., 1907) ; P. A. Cleve- land, Organized Democracy (N. Y., 1913). SELECT BIBLIOGRAPHY. In general, a book or an article is listed in the class where it has been of chief service in this book. The title is not re- peated in other classes, although it may contain important matter for the subjects comprised in those classes. For topical analysis of the literature described in the "Se- lect Bibliography," consult the references connected with the respective sections of the text. I. Representation, Direct Legislation, Direct Primary, AND THE Party System. 1. Bibliographies. Library of Congress. List of Books relating to Proportional Represen- tation. Washington, 1904. List of References on the Popular Election of Senators. Washington, 1904. List of References on Primary Elections. Washington, 1905. List of References on Political Parties in the United States. Washington, 1907. Select List of References on Employers' Liability and Work- men's Compensation. Washington, 1911. Additional References on the Popular Election of Senators. Washington, 1911. Select List of References on the Initiative, Referendum,, and Recall. Washington, 1912. New York State Library. "Bibliography on Direct Nominations." Leg- islative Bulletin, 30 b. Albany, 1906. Ohio State Library. Initiative and Referendum. Columbus, 1911. Phelps, Edith M. Selected Articles on the Initiative and Referendum. 2d ed. Minneapolis, 1911. University of Wisconsin. "Initiative and Referendum." Bulletin, No. 224; General Series, No. 25. Madison, 1908. SELECT BIBLIOGRAPHY. 123 2. Serial Publications. American Academy of Political and Social Science. Annals. 48 vols. Philadelphia, 1890-1913. American Political Science Association. Proceedings. 9 vols. Lancas- ter and Baltimore, 1905-1913. American Political Science Review. 7 vols. Baltimore, 1907-1913. Direct Legislation Record. 7 vols. New York, 1894-1895; Newarjc, 1895-1912. Equity. Vols. VIII-XV. Philadelphia, 1906-1913. Good Government. Official Journal of the National Cicil Service Re- form League. Vols. XII-XXVII. 15 vols. Washington, 1892-1911. New York State Library. Legislative Bulletins. Albany, 1891-. Political Science Quarterly. 28 vols. New York, 1892-1913. Proportional Representation Review. Vols. I-III. Chicago, 1893-1896. Proportional Representation Society. Pamphlets. Nos. 1-24. London. Representation. The Journal of the Proportional Representation So- ciety. Nos. 1-28. London, 1908-13. Representation Proportionelle, La. Brussels, 1883-. Revtie Politique et Parlementaire. 74 vols. Paris, 1894-1912. 3. Books, Pamphlets, and Articles. Abbott, E. H. "Game at Baltimore." Outlook, CI (July 6), 522-27. New York, 1912. and Rowland, H. J. "The Chicago Convention and the Birth of a New Party." Outlook, CI (June 29), 470-78. New York, 1912. Abbott, W. J. "The Two-Thirds Rule: Question of its Abrogation in Democratic National Conventions." Harper's Weekly, LVI (Jan. 6), 10. New York, 1912. Adams, F. O. and Cunningham, C. D. The Swiss Confederation. Lon- don, 1889. Adams, T. S. "Strikes and Boycotts." Adams and Sumner, Labor Problems, 175-212. New York, 1905. Addams, Jane. "On Causes of Class Conflict." American Journal of Sociology, XIII, 770-73. Chicago, 1908. Anson, William R. The Law and Custom of the Constitution. 2 vols. Oxford, 1892, 1897-98. Ashley, R. L. The American Federal State. New York, 1906. Ashworth, T. R., and Ashworth, H. P. C. Proportional Representation Applied to Party Government. London, 1901. Aylsworth, Leon E. "Notes on Current Legislation: Primary Elec- 124 PRESENT POLITICAL QUESTIONS. tions." American Political Science Review, II, 417-21, 578-85, III, 563-65, IV, 569-71, IV, 60-74, 429-33. Baltimore, 1908-12. ■ "Notes on Current Legislation : Proportional Representation." American Political Science Review, II, 585-92. Baltimore, 1908. Bacon, E. M., and Wyman, Morrill. Direct Elections and Law-making by Popular Vote; the Initiative, the Referendum, the Recall, Com- mission Government for Cities, Preferential Voting. Boston, 1913. Bacon, L. W. The Defeat of Party Despotism by the Re-Enfranchise- ment of the Individual Citizen. Boston, 1886. Bailey, Walter. A Scheme for Proportional Representation. London, 1869. Barnett, James D. "Forestalling the Direct Primary." Political Science Quarterly, XXVII, 648-68. New York, 1912. "The Operation of the Recall in Oregon." Am,erican Political Science Review, VI, 41-53. Baltimore, 1912. Barry, R. "Baltimore Buckler Throne." Harper's Weekly, LVI (July 6), 7. New York, 1912. Beard, Charles A. Am,erican Government and Politics. New York, 1911. and Schultz, B. E. Documents on the Initiative, Referendum, and Recall. New York, 1912. Becker, C. T. National Nominating Convention. University of Wiscon- sin. Madison, 1896. Becker, Carl. "The Unit Rule in National Nominating Conventions." Am,erican Historical Review, V, 64-82. New York, 1900. Belloc, H., and Chesterton, C. The Party System [in England]. Lon- don, 1911. Bently, A. F. The Process of Government. Chicago, 1910. Berger, Victor. "For National Referendum." Equity, XIII, No. 3, pp. 136-37. Philadelphia, 1911. Bernheim, Abram C. "Party Organizations and their Nominations to Public Office in New York City." Political Science Quarterly, III, 99-122. New York, 1888. Berry, J. M. Proportional Representation: The Gove System. Worces- ter, 1892. Bettot, R. H. L. "Proportional Representation and Party Government." Westminster Review, CLXVII, 1-11. London, 1907. Bishop, Joseph B. Our Political Drama: Conventions, Campaigns, Can- didates. New York, 1904. "The Price of Peace." Century, n. s., XXVI, 667-72. New York, 1894. Blackmar, F. W. "The History of Suffrage in Legislation in the United States." Chautauquan, XXII, 28-34. Chautauqua, 1895. SELECT BIBLIOGRAPHY. 125 Barely, J. Representation proportionelle de la majorite et des minor- ites. Paris, 1870. Borgeaud, Charles. Adoption and Amendment of Constitutions in Eu- rope and America. New York, 1895. "Practical Results which have attended the . . . Refer- endum in Switzerland." Arena, XXXIII, 428-86. Boston, 1905. Bourne, Jonathan. "The People's Rule in Oregon." Equity, XXII, No. 3, 97-98. Philadelphia, 1910. "Popular Government in Oregon." Outlook, XCVI (Oct. 8) , 321-30. New York, 1910. 'Initiative, Referendum, and Recall." Atlantic Monthly, CIX, 122-31. Boston, 1912. and Others. Case and Comment, XVIII, 293-328. Rochester, 1912. Boutmy, Emile. Studies in Constitutional Law. London, 1891. Branson, W. J. "Tendencies in Primary Legislation." Annals, XIII, 346- 63. Philadelphia, 1899. Brier, W. J. "The Sweeping of Seattle." La Follette's Magazine, III, Dec. 23. Madison, 1911. Brinley, Charles A. Citizenship: Some Suggestions as to Obligations, the Difficulties, and the Preparation of Voters. Philadelphia, 1893. British Royal Commission on Electoral Systems. American Political Science Review, V, 239-45. Baltimore, 1911. Brocard, C. "La Reforme Electorale en Prusse." Revue Politique et Parlementaire, Feb., 1912. Paris, 1912. Brooks, Noah. Short Studies in Party Politics. New York, 1895. Brooks, Robert C. "The Three Class Election System in Prussian Cities." Municipal Affairs, III, 396-433. New York, 1899. Brown, J. S., Partisan Politics: The Evil and the Remedy. Philadel- phia, 1897. Brown, W. H. "The Popular Initiative." American Journal of Sociology, X, 713-49. Chicago, 1905. Bryan, William Jennings. Speeches. New York and London, 1909. A Tale of Two Conventions. New York, 1912. Buckalew, Charles R. Proportional Representation. Ed. by Freeze. Philadelphia, 1872. Burch, Henry Reed. Conditions Affecting the Suffrage in the Colonies. Philadelphia, 1903. Burgess, J. W. Political Science and Comparative Constitutional Law. 2 vols. Boston and London, 1896-98. Butler, A. M. "The Supreme Issue of 1912." New York Tribune, April 10. New York, 1912. 126 PRESENT POLITICAL QUESTIONS. Butler, John A. "A Single or a Double Council." Conference for Good City Government, 1896, Proceedings, 252-62. Philadelphia, 1896. Bryce, James. The American Commonwealth. 3d ed., 1905; new ed.. New York, 1911. Catlett, F. W. "The Working of the Recall in Seattle." Annals, XLIII, 227-36. Philadelphia, 1912. Chandler, Julian Alvin Carroll. "The History of Suffrage in Virginia." Johns Hopkins University, Studies, XIX, 279-346. Baltimore, 1909. Charbonnier, Joseph. Organisation electorale et representative de tous les pays civilises. Paris, 1874. "Chicago and Baltimore.'' American Magazine, LXXIV, 516-26. New York, 1912. "Chicago Convention." Outlook, CI (June 29), 453-56. New York, 1912. Child, R. W. "The Question at Chicago." Collier's Weekly Magazine, XLIX (July 6), 12-15. New York, 1912. "Bryan Says 'Boo'." Collier's Weekly Magazine, XLIX, (July 13), 8-9. New York, 1912. Clark, C. C. P. The "Machine" abolished and the People restored to Power by the Organization of All the People on the Lines of Party Organization. New York, 1900. Clark, Walter. "The Election of Senators and the President by Popular Vote and the Veto Power." Arena, X, 453-61. Boston, 1894. Clarkson, J. S. "The Politician and the Pharisee.".. North American Review, CLII, 613-23. New York, 1891. Cleveland, F. A. Organized Democracy. An Introduction to the Study of American Politics. New York, 1913. Commons, John R. Trade Unionism and Labor Disputes. Boston, 1905. Proportional Representation. 2d ed. New York, 1907. "Direct Legislation in Switzerland and America." Arena, XXII, 725-39. Boston, 1899. "How to Abolish the Gerrymander." Review of Reviews, VI, 541-44. New York, 1892. "Proportional Representation in Belgium." Review of Re- views, XXI, 583-85. New York, 1900. "Referendum and Initiative in City Government." Political Science Quarterly, XVII, 609-30. New York, 1902. "A Bibliography of Proportional Representation." Proper' tional Representation Review, I, 58-62. Chicago. "Contests at Chicago." Independent, LXXII, 1333-34. New York, 1912. Convention "Is the Convention System Doomed?" -Nation, XCIV (April 11), 352. New York, 1912. SELECT BIBLIOGRAPHY. 127 Convention. "Remodeling Conventions." Nation, XCV (July 4), 4. New York, 1912. Convention. "Way of Conventions." Independent, LXXII, 1334-35. New York, 1912. "Conventions as Great Shows." World's Work, XXIV, 365-66. New York, 1912. Cooley, Stoughton. "Legal Disfranchisement." Atlantic Monthly, LXIX, 542-46. Boston, 1892. Coolidge, W. A. B. "Early History of the Referendum." English His- torical Review, VI, 674-84. London, 1891. Cree, Nathan. Direct Legislation by the People. Chicago, 1892. Cridge, Alfred D. Proportional Representation including Its Relations to the Initiative and Referendum. San Francisco, 1893. Croker, Richard. "Running a Campaign to Win." Collier's Weekly Magazine, Oct. 1900. New York, 1900. Croly, H. The Promise of American Life. New York, 1909. Crossley, J. T. "The Regulation of Primary Elections by Law." Iowa Journal of History and Politics, I, 165-. Curti, Theodor. Geschichte der schweizerischen Volksgesetzgebung. 2d ed. Zurich, 1885. Die VolksahstimmMng. Zurich, 1896. Le referendum: Histoire de la legislation populaire en Suisse. Paris, 1905. Resultate des schweizerischen Referendums. Bern, 1911. "Weltgang des Referendums." Archiv. filr off. Recht, Bd. 28, Heft 1. Freiburg, i. B. Curtis, G. W. "Machine Politics and the Remedy." Orations and Ad- dresses, II. New York, 1894. Curtis, R. E. Proportional Representation, a Bulletin of the Wis- consin Legislative Reference Department. Madison, 1912. Cushman, R. E. "Voting Organic Laws. The Action of the Ohio Elec- torate in the Revision of the State Constitution in 1912." Political Science Quarterly, XXVIII, 207-29. New York, 1913. Dallinger, Frederick W. "A Word about the Caucus." New England Magazine, XVI, 754-. Boston, 1893. "Nominations for Elective Office in the United States." Harvard Historical Studies. New York 1897. Dana, Richard H. "Substitute for the Caucus." Forum, II, 491-501. New York, 1887. Davis, W. J. History of Political Conventions in California. Sacra- mento, 1893. 128 PRESENT POLITICAL QUESTIONS. Davis, T. A. "The Recall as a Measure of Control by the People." Conference for Good City Government, 1906, Proceedings, 382-87. Deming, Horace E. The Meaning and Importance of Nomination Re- form. National Municipal League, Pamphlet No. 9. Philadelphia, 1903. "Democratic Convention, 1912." Outlook, CI (July 13), 577-80. New- York, 1912. Democratic Campaign. "Managing the Democratic Campaign." Re- view of Reviews, XXII, 556-62. New York, 1900. Demombynes, G. Constitutions Europeennes. Paris, 1888. Deploige, Simon. Referendum in Switzerland. London, 1898. Dicey, A. V. "Ought the Referendum to be introduced into England?" Contemporary Review, LVII, 489-511. London, 1890. Dodd, W. F. The Revision and Amendment of State Constitutions. Bal- timore, 1910. Dougherty, J. H. Electoral System of the United States. New York, 1906. Droop, H. R. On the Political and Social Effects of Different Methods of Electing Representatives. London, 1869. Droz, Numa. "Referendum in Switzerland." Contemporary Review, LVII, 328-44. London, 1895. Eaton, A. H. The Oregon System. Chicago, 1912. Eaton, Dorman B. The Independent Movement in New York. New York, 1880. "Primary Elections." Laylor, Cyclopedia of Political Sci- ence, III, 343-50. Chicago, 1884. "Political Parties and Independents." 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Dos Passos, J. R. The American Lawyer. New York, 1907. Dougherty, J. H. The Power of the Federal Judiciary over Legislation. New York, 1912. Du Manoir. L'interpretation des lois par la legislateur. Paris, 1910. Dunbar, W. H. "Government by Injunction." Economic Studies, III. New York, 1898. Dunn, F. K. "Delays in Courts of Review in Criminal Cases." Journal of the Am,erican Institute of Criminal Law and Criminology, II, 843-48. Chicago, 1912. Eaves, Lucile. "The Injunction." Several articles in The Labor Clarion, I. San Francisco, 1902. Elliott, Charles B. "The Legislatures and the Courts." Political Science Quarterly, V, 224-58. New York, 1890. Evans, Harold. "The Standard Oil and American Tobacco Cases." University of Pennsylvania, Law Review, IX, 311-23. Philadelphia, 1912. Fink, Albert. "The Recall of Judges." North American Review, CXCIII, 672-90. New York, 1911. "Flexibility of Law." Outlook, XCVI, 848. New York, 1910. Freedman, L. M. "Expert Testimony, Its Abuse and Reformation." Yale Law Journal, XIX, 247-57. New Haven, 1910. "French Criminal Procedure and Evidence." American Law Review, XLIV, 82-87. St. Louis, 1910. Gemmill, W. N. "A Comparative Study of English and American Courts." Illinois Law Review, IV, 457-71, 552-71. Chicago, 1910. "American versus English Courts." North American Re- view, CXCII, 250-57. New York, 1910. Greeley, L. M. "Changing Attitude of Courts toward Social Legislation." Illinois Law Review, V, 222-32. Chicago, 1910. Green, C. E. "Jury Injustice." Juridical Review, XX, 132-39. Edin- burgh and London, 1903. Greene, Homer. "Can Lawyers be Honest?" North American Review, CLII, 194-203. New York, 1891. Greer H. W. "Should Trial by Jury be Abolished?" American Law Review, XLII, 192-99. St. Louis, 1908. Gregory, C. N. "Government by Injunction." Harvard Law Review, XI, 485-511. Cambridge, 1898. SELECT BIBLIOGRAPHY. 167 Groat, G. G. Attitude of American Courts in Labor Cases. New York, 1911. Haines, C. G. The Conflict over Judicial Powers. New York, 1909. "Political Theories of the Supreme Court." American Political Science Review, II, 221-44. New York, 1908. Hale, R. W. "Injunctions and Pardons." American Law Review, XLIII, 192-204. St. Louis, 1909. Harmon, J. "Independence of the Judiciary." American Lawyer, XIV, 391-93. New York, 1906. Hornblower, W. B. "A Century of 'Judge-Made' Law." Columbia Law Review, VII, 453-75. New York, 1907. Howe, W. W. "Corporation Lawyers." Yale Law Journal, XVI, 497- 503. New Haven, 1907. "Humanizing the Criminal Law." Symposium in Case and Comment, XVIII, 707-48. Rochester, 1912. Injunction. "Scope and Limits of the Injunction." Annals, XXXVI, 85-141. Philadelphia, 1910. Journal of the Am,erican Institute of Criminal Law and Criminology. 4 vols. Chicago, 1911-14. "Judge and the People." Outlook, XCVII, 809-10. New York, 1911. "Judges and the Recall." Editorial, Twentieth Century Magazine, IV, 269-71. Boston, 1911. "Judicial Recall." Outlook, XCIX, 95. New York, 1911. Lawlor, W. P. "Needed Reform in Criminal Law and Procedure." Journal of Am,erican Institute of Criminal Law and Criminology, I, 877-92. Chicago, 1911. Lawson, J. D. "Technicalities in Criminal Procedure," Journal of the American Institute of Criminal Law and Criminology, I, 63-85. Chicago, 1910. McDermott, E. J. "Needed Reform in the Law of Expert Testimony." Journal of the American Institute of Criminal Law and Criminology, I, 698-704. Chicago, 1911. "Delays and Reversals on Technical Grounds in Civic and Criminal Trials." American Political Science Association, Pro- cedings, VII, 97-110. Baltimore, 1910. McDonough, J. B. "The Alleged Usurpation of Power by the Federal Courts." American Law Review, XLVI, 45-59. St. Louis, 1912. Mcllwain, C. H. "The Tenure of English Judges." American Political Science Review, VII, 217-29. Baltimore, 1913. Meigs, W. M. "Some Recent Attacks on the American Doctrine of Ju- dicial Power." American Law Review, XL, 641-70. St. Louis, 1906. 168 PRESENT POLITICAL QUESTIONS. Metcalf, J. A. "The Judicial Recall." Annals, XLIII, 278-85. Phila- delphia, 1912. Moore, B. F. The Supreme Court and Unconstitutional Legislation. Co- lumbia University. New York, 1913. Moore, J. B. "Avoidable Delay in the Trial Courts." Yale Law Jour- nal, XVIII, 112-20. New Haven, 1908-9. Mowry, D. E. "Political and Party Aspects of the National Judiciary." A.merican Historical Review, III, 331-55, 471-92. New York, 1908. Murdoch, H. B. "Jury Justice." Juridical Review, XX, 59-75. Edin- burgh and London, 1908. Nerincx, A. U organisation judiciare aux Etats Unis. Paris, 1910. Noble, H. "The Standard Oil Case." American Law Review, XLIV, 1-11. St. Louis, 1910. Norcross, F. H. "Criminal Law Reform." Journal of the American Institute of Criminal Law and Criminology, I, 386-93. Chicago, 1910. Orton, Jesse F. "The Confusion of Property with Privilege: The Dart- mouth College Case." Independent, LXXVII (Aug. 19 and 26), 392-97, 448-53. New York, 1909. Owen, Robert L. "Election and Recall of Federal Judges." Speech in U. S. 62d Cong., 1st Sess., Senate Doc. 100. Washington. Parsons, Frank. Legal Doctrine and Social Progress. New York, 1911. Pound, Roscoe. Do We need a Philosophy of Law?" Columbia Law Review, V, 339-53. New York, 1905. "Causes of Popular Dissatisfaction with the Administration of Justice." American Law Review, XL, 729-49. St. Louis, 1906. "Need of Sociological Jurisprudence." Green Bag, XIX, 607-15. Boston, 1907. "Common Law and Legislation." Harvard Law Review, XXI, 383-407. Cambridge, 1908. "Inherent and Acquired Difficulties in the Administration of Punitive Justice." American Political Science Association, Pro- ceedings, IV, 222-39. Baltimore, 1908. "Liberty of Contract." Yale Law Journal, XVIII, 454-87. New Haven, 1908-9. "Some Principles of Procedural Reform." Illinois Law Review, IV, 388-407, 491-508. Chicago, 1910. "Scope and Purpose of Sociological Jurisprudence." Har- vard Law Review, XXIV, 591-619, XXV, 140-68, 489-516. Cam- bridge, 1911-12. and Others. "Prozess-Reform." Reinische Zeitschrift, II No. 4, 1910. SELECT BIBLIOGEAPHY. 169 Powell, T. R. "The Courts and the People." Political Science Quarterly, XXVII, 682-88. New York, 1912. Procedure. "Reform of Procedure." Case and Comment, XVIII, 635-78. Rochester, 1912. Ransom, W. L. Majority Rule and the Judiciary. New York, 1912. Raymond, R. L. "The Standard Oil and Tobacco Cases." Harvard Law Review, XXV, 31-58. Cambridge, 1911. "Recall of Judges.'' National Corporation Reporter, XLII, 445, XLIII, 9-10, 245, 393. Chicago, 1911. Rodenbeck, A. J., and others. "The Reform of Procedure," and related subjects. Case and Comment, XVIII, 635-29. Rochester, 1911-12. Roe, Gilbert E. Our Judicial Oligarchy. New York, 1912. The same in La Follette's Weekly Magazine, 1911-12. 14 articles. Madison, 1911-12. Roosevelt, Theodore. "Arizona and the Recall of the Judiciary." Out- look, XCVIII, 378-79. New York, 1911. Root, Elihu. "The Reform of Procedure." Green Bag, XXIII, 111-18. Boston, 1911. "The Perils of the Judicial Recall." Case and Comment, XVIII, 308-13. Rochester, 1911. Rosengarten, J. G. "The French Judicial System." Pennsylvania Law Review, LVII, 279-99. Philadelphia, 1909. Schofield, H. "Swift V. Tyson: Uniformity of Judge-Made State Law in State and Federal Courts." Illinois Law Review, IV, 533-51. Chicago, 1910. Sloss, M. C. "Reform of Criminal Procedure." Journal of the American Institute of Criminal Law and Criminology, I, 705-17. Chicago, 1911. Smith, R. C. "The Cry for Law Reform." Yale Law Journal, XX, 292- 96. New Haven, 1911. Snow, A. H. "The Position of the Judicature of the United States." Annals, XLIII, 286-310. Philadelphia, 1912. Sterne, Simon. Law and Lawyers in the United States. New York, 1865. Stickney, Albert. "The Lawyer and his Client." North Am,erican Re- view, CXII, 392-421. New York, 1871. Storey, Moorfield. The Reform of Legal Procedure. New Haven, 1911. Taft, William Howard. "The Delays of the Law." Albany Law Jour- nal, LXX, 300-304. Albany, 1908. Taylor, Hannis. "Independence of the Federal Judiciary." American Law Review, XL, 481-95. St. Louis, 1906. "The Legitimate Function of Judge-Made Law." American Lawyer, XIV, 400-402. New York, 1906. 170 PRESENT POLITICAL QUESTIONS. Thompson, S. D. "Government by Lawyers." American Law Review, XXX, 672-701. St. Louis, 1896. Thorne, C. "Will the Supreme Court become the Supreme Legislature of the United States?" American Law Review, XLIII, 228-65. St. Louis, 1909. Tibbetts, A. G. "Conformity of Legal Decisions to Ethical Standards of Right." Canadian Law Review, VI, 141-44, 168-74. Toronto, 1907. Trickett, William. "The Great Usurpation." American Law Review, XL, 356-76. St. Louis, 1906. "Judicial Nullification of Acts of Congress." North Amer- ican Review, CLXXXV, 848-56. New York, 1907. Walker, A. H. "A Review of the Opinions of the Chief Justice of the United States in the Standard Oil and Tobacco Cases." American Law Review, XLV, 718-49. St. Louis, 1911. Walsh, T. J. "Recall of Judges." Speech in United States Senate, 62 Cong., 1st sess.. Senate Doc. 100. Washington. Wessell, M. J. "The Game of Law." Survey, XXIX, 138-45. New York, 1912. White, E. J. "The Judiciary and Public Sentiment." American Lawyer, XV, 215-21. New York, 1907. Willoughby, Westell W. The Supreme Court. Baltimore, 1890. Social Justice. New York, 1900. Wilson, Woodrow. "The Lawyer and the Community." North American Review, CXCII, 604-22. New York, 1910. "The Law and the Facts." American Political Science Review, V, 1-11. Baltimore, 1911. Woodward, J. "The Courts and the People." Columbia Law Review, VII, 559-72. New York, 1907. V. MUNICIPAL Questions. 1, Bibliographies. Brooks, R. C. A Bibliography of Municipal Problems and City Condi- tions. 2d ed. New York, 1901. Chicago Municipal Library. Catalogue. Chicago, 1908. Gross, Charles. A Bibliography of British Municipal History. New York and London, 1897. Hodder F. H. References on Municipal Government in the United States. Ithaca, 1888. Munro William B. Guide to the Study of Municipal Government. Cambridge, 1913. SELECT BIBLIOGRAPHY. 171 Commission Government. Library of Congress, Select List of References on Commission Government for Cities. Washington, 1913. Commission Government. Bibliographies in Charles A. Beard, Digest; Ernest S. Bradford, Commission Government, 339-53; E. C. Bobbins, Select Articles on the Commission Plan, 5-14; C. R. Woodruff, City Government by Commission, 355-69; Ford H. MacGregor, City Government by Com/mission, 134-51. 2. Serial Publications. Am,erican City. A Monthly Review of Municipal Problems and Civic Betterment. 7 vols. New York, 1909-13. Am,erican Municipalities. A continuation of the City Hall and the Midland Municipalities. Together 25 vols. Des Moines and Marsh- alltown, lawa, -1913. Canadian Municipal Journal. 7 vols. Montreal, 1905-11. Municipal Affairs. 6 vols. New York, 1897-1902. Municipal Engineering. 44 vols. Indianapolis, 1890-1913. Municipal Journal, The. New Series. London, 1901-12. Municipal Journal and Engineer. Vols. 28-31. New York, 1910-12. Municipal Year Book of the United Kingdom. 19 vols. London, 1897- 1913. National Municipal League. Conference for Good City Government. Proceedings. 18 vols., 1894-1910. National Municipal Review. 2 vols. Philadelphia, 1912-13. Survey, The. Vols. XXII-XXX. New York, 1909-13. In various cities, there are official bulletins, gazettes, or reform peri- odicals: See Williamson's list in National Municipal Review, I, 406-10 (July, 1910) ; and a partial enumeration in Munro, Government of American Cities, 384-85. 3. Works on Various Aspects of City Government. Abbott, Grace. "The Immigrant and Municipal Politics." Conference on Good City Government, 1909, Proceedings, 142-56. Addams, Jane. "Why the Ward Boss Rules." Outlook, LVIII, 879-82. New York, 1898. Allendorf, Hans. Der Zuzug in die Stadte. Jena, 1901. AUinson, E. P., and Penrose, B. Philadelphia, 1681-1887. Baltimore, 1887. Baker, M. N. Municipal Engineering and Sanitation. New York, 1901, 1906. Bard, Albert S. "The Levy Election Law in New York City." Na^ tional Municipal Review, I, 69-71. Philadelphia, 1912. 1'72 PRESENT POLITICAL QUESTIONS. Baskerville, Charles (ed.)- Municipal Chemistry. New York, 1911. Baum, J. Die schone deutsche Stadt, Siiddeutschland [Munich] . Munich, 1912. Beard, Charles A. American City Government. New York, 1912. Bernheim, Abram C. "The Relations of the City and the State of New York." Political Science Quarterly, IX, 377-402. New York, 1894. Bogue, U. G. A Plan for Seattle. Seattle, 1911. Bookwalter, John W. Rural versus Urban: their Conflict and its Causes. New York, 1910. Bradford, Gamaliel. "Our Failures in Municipal Government." Annals, III, 691-702. Philadelphia, 1893. Butler, J. A. "A Single or a Double Council." Conference on Good City Government, 1896, 252-62. Capen, S. B. "One or Two Legislative Chambers." Conference for Good City Government, 1896, 247-51. Cerf, Mertile. "Bureaus of Public Efficiency." National Munciipal Re- view, II, 39-47. Philadelphia, 1913. Champernowne, Henry. The Boss. New York, 1894. Cleveland, Frederick A. Chapters on Municipal Administration and Ac- counting. New York, 1909. "Need for Coordinating Municipal, State, and National Activities." Annals, XLI, 23-39. Philadelphia, 1912. Coler, Bird S. Municipal Government, as illustrated by the Charter, Finances and Public Charities of New York. New York, 1901. Conkling, A. R. City Government in the United States. New York, 1894. Cross, Ira B. "Socialism in California Municipalities." National Mu- nicipal Review, I, 611-19. Philadelphia, 1912. Culpin, E. G. The Garden City Movement up to Date, 1899-1912. Lon- don, 1913. Deming, Horace E. The Government of American Cities. A Program of Democracy. New York, 1909. "The Municipal Problem in the United States." Municipal Program, 36-58. New York, 1900. A Municipal Program. Reprinted from Annals. Philadel- phia, 1901. "The Municipal Program." Republished in his Government of American Cities. New York, 1909. Devlin, T. C. Municipal Reform in the United State's. New York, 1896. Dillon, J. F. Law of Municipal Corporations. 5 vols. Boston, 1911. Dolman, F. Municipalities at Work. London, 1895. SELECT BIBLIOGRAPHY. 173 Durand, E. Dana. Finances of New York City. New York, 1898. "Council versus Mayor." Political Science Quarterly, XV, 426-51, 675-709. New York, 1900. Eaton, Dorman B. The Government of Municipalities. New York, 1899. Ely, Richard T. The Coming City. New York, 1902. Pairlie, John A. Municipal Administration. New York, 1901. Essays in Municipal Administration. New York, 1908. "American Municipal Councils." Political Science Quar- terly, XIX, 234-51. New York, 1904. "Municipal Codes in the Middle West." Political Science Quarterly, XXI, 434-46. New York, 1906. Foote, Allen R. Powers of Municipalities. Indianapolis, 1898. Ford, G. S. "Rural Domination of Cities in Connecticut." Municipal Affairs, VI, 220-33. New York, 1902. Foulke, W. D. "A German City worthy of Emulation." American City, VI, 412-19. New York, 1912. [Frankfort-on-the-Main.] Fuld, L. F. Police Administration: A Critical Study of Police Organi- zation in the United States and Abroad. New York, 1909. Fisher, J. F. Reform in our Municipal Elections. Philadelphia, 1866. Gartenstadtbewegung, Die deutsche. Berlin, 1911. Garvin, L. F. C. "How to effect Municipal Reform." Arena, X, 570-76. Boston, 1894. Gay, R. L. "Separation of Elections." Conference for Good City Govern- ment, 1907, Proceedings, 215-22. Gebhard, W. P. Modern Baths and Bath Houses. New York, 1912. Geiser, Karl F. "German Municipal Socialism as illustrated by Ulm." National Municipal Review, I, 355-63. Philadelphia, 1912. Glenn, R. A., and Dean, A. D. The Law and Practice of Town Planning. London, 1913. Godkin, E. L. "Peculiarities of American Municipal Government." Un- forseen Tendencies. Boston, 1898. Goodell, John. Water Works for Small Cities and Towns. New York, 1911. Goodnow, Frank J. City Government in the United States. New York, 1904. Municipal Government. New York, 1909. "The Boss." Politics and Administration. New York, 1900. "The Place of the Council and the Mayor in the Organiza- tion of Municipal Government: The necessity of distinguishing Legislation and Administration." Municipal Program, 74-87. New York, 1900. 174 PRESENT POLITICAL QUESTIONS. "Political Parties and City Government under the Pro- posed Municipal Program." Municipal Program, 129-45. New York, 1900. Gregory, Charles M. Civil Service Reform in American Municipalities. Iowa City, 1905. Grosser, H. S. Chicago: A Review of its Governmental History. Chi- cago, 1906. Harris, G. M. The Garden City Movement. London, 1906. Hartwell, Edward M. Uniform Municipal Accounting. National Mu- nicipal League, Pamphlet, No. 10. Hatton, A. R. Digest of City Charters. Prepared under the direction of the Chicago Charter Convention, Chicago, 1906. Hajmes, G. H. "People's Rule in Municipal Affairs" [Portland]. Po- litical Science Quarterly, XXVI, 432-42. New York, 1911. Holcomb, W. P. "Pennsylvania Boroughs." Johns Hopkins University, Studies, IV. Baltimore, 1886. Hollander, J. H. Financial History of Baltimore. Baltimore, 1899. Howard, Ebenezer. Garden Cities of Tomorrow. London, 1902. Howard, George Elliott. "The Meaning of the Modern City." Midland Municipalities, XIX, 20-26. Marshalltown, 1910. Howe, Frederick C. The British City. The Beginnings of Democracy. New York, 1907. The City, the Hope of Democracy. New York, 1909. European Cities at Work. New York, 1913. Hull, R. M. "Preferential Voting and How it Works." National Mtu- nicipal Review, I, 386-400. Philadelphia, 1912. Ivins, William M. "Municipal Government." Political Science Quar- terly, II, 291-312. New York, 1887. Jones, T. J. Sociology of a New York City Block. New York, 1904. Kampffmeyer, H. Die Gartenstadtbewegung. Leipzig, 1909. Kempner, Otto, and Others. Municipal Government: How Corrupted and How Reformed. New York, 1894. Kessler, George E. A City Plan for Dallas. Dallas, 1912. King, Clyde L. The History of the Government of Denver, with Special Reference to its Relations with Public Service Corporations. Den- ver, 1911. (ed.). "Efficiency in City Government." Annals, XLI. A symposium by H. Bruere and many others. Philadelphia, 1912. Kirk, William. A Modern City. Chicago, 1909. Knoop, Douglas. Principles and Methods of Municipal Trading. London, 1912. SELECT BIBLIOGRAPHY. 175 Kuczjmski, R. Der Zug nach der Stadt. Stuttgart, 1897. Low, Seth. Municipal Government. Rochester, 1885. The Problem of City Government in the United States. Ithaca, 1887. Lunn, H. S. Municipal Lessons from Southern Germany. London, 1908. McClelland, George B. "The Tendency of Municipal Government in the United States." Atlantic Monthly, CVII, 433-40. Boston, 1911. McQuillin, Eugene. Law of Municipal Corporations. 6 vols. Chicago, 1911-12. Maltbie, M. R. English Local Government of Today. New York, 1897. Marsh, B. C. Taxation of Land Values in American Cities. New York, 1911. Mathews, Nathan. City Government of Boston. Boston, 1895. Moss, Frank. "State Oversight of Police." Municipal Affairs, III, 264- 68. New York, 1899. Municipal Home Rule Charters. Comparative Leg:islative Bulletin, No. 18. Madison, 1908. Munro, William B. The Government of European Cities. New York, 1909. The Government of American Cities. New York, 1912. Meyers, Gustavus. History of Tam/many Hall. New York, 1901. National Municipal League. A Municipal Program. Report of the Com- mittee of the League, adopted November 17, 1899. New York, 1900. Neville, R. Garden Cities. Manchester, 1904. Paine, Robert T., Jr. "The Initiative, Referendum, and Recall in Charter Reform." Conference for Good City Government, 1908, Proceedings, 223-46. Parker, A. M. "How Seattle got the Recall." Pacific Monthly, XVII, 455-. 1907. Parsons, Frank. The City for the People. Philadelphia, 1901. Peterson, Samuel. Some Fundamental Political Principles applied to Municipal Government. Austin, 1905. Pollard, J. A Study in Municipal Government: Berlin. Edinburgh and London, 1894. Pond, O. L. Municipal Control of Public Utilities. New York, 1906. Pound, Roscoe. "The Administration of Justice in the Modern City." Harvard Law Review, XVI, 302-28. Cambridge, 1913. "Garden Cities in Europe." American City, VII, 503-10. New York, 1912. Pratt, E. E. Industrial Causes of Congestion of Population in New York City. New York, 1911. 176 PRESENT POLITICAL QUESTIONS. Pryor, J. N. "Should Municipal Legislators receive a Salary?" Con- ference for Good City Government, 1896, Proceedings, 263-66. Phila- delphia, 1896. Rawie, Henry. Our City Civilization. Baltimore, 1913. Kichardson, Charles. "Municipal Franchises." Municipal Program, 120-28. New York, 1900. Robinson, C. M. The Improvement of Towns and Cities. New York, 1901. The Call of the City. New York, 1908. The Width and Arrangement of Streets: A Study in Town Planning. New York, 1911. Rowe, L. S. Problems of City Government. New York, 1908. "Public Accounting under the Proposed Municipal Pro- gram." Municipal Program, 88-110. New York, 1900. Sait, Edward M. "Research and Reference Bureaus." National Mu- nicipal Review, II, 48-56. Philadelphia, 1913. Schaffner, Margaret A. Municipal Home Rule Charters. Madison, 1908. Schurz, Carl. The Relation of Civil Service Reform, to Municipal Re- form. N. P., 1894. Sennett, A. R. Garden Cities in Theory and Practice. London, 1905. Shapley, R. E. Solid for Mulhooly. New ed. Philadelphia, 1889. Shaw, Albert. Municipal Government in Great Britain. New York, 1895. Municipal Government in Continental Europe. New York, 1895, 1903. "Relations of Municipal Administration." Congress of Arts and Science, St. Louis, 1904. Boston, 1906. Sheldon, W. D. "A Municipal Program." Twentieth Century, V, 237-43. Boston, 1912. Snavely, Charles. History of the City Governm,ent of Cleveland. Balti- more, 1902. "Socialist Municipal Office Holders, 1908-11." National Municipal Re- view, I, 492-500. Philadelphia, 1912. Sparling, S. E. Municipal History and Present Organization of the City of Chicago. Madison, 1898. Spelling, T. C. Bossism and Monopoly. New York, 1906. Spencer, P. H. Municipal Origins. London, 1911. Sprague, Henry H. City Government in Boston. Boston, 1890. Steffens, Lincoln. The Shame of the Cities. New York, 1904. The Struggle for Self -Government. Being an Attempt to trace American Political Corruption to its Sources in Six States of the United States. New York, 1906. SELECT BIBLIOGRAPHY. 177 Stelzle, Charles. Christianity's Storm Centre: a Study of the Modern City. Chicago, 1907. Sterne, Simon. Suffrage in Cities. New York, 1878. Storey, Moorfield. The Government of Cities. The Need of a Divorce of Municipal Business from Politics. Buffalo, 1891. Strong, Josiah. The Twentieth Century City. New York, 1898. Tolman, W. H. Municipal Reform, Movements in the United States. New York, 1895. Triggs, H. I. Town Planning. New York, 1909. Unwin, Raymond. Town Planning. London, 1909. Wanamaker, John. Speeches on Quayism and Boss Domination in Phila- delphia Politics. Philadelphia, 1898. Weber, A. F. The Growth of Cities in the Nineteenth Century. New York, 1899. Wells, H. G. Anticipations of the Reaction of Mechanical and Scientific Progress upon Human Life and Thought. New York and London, 1902. White, Thomas R. "Separation of Elections." Conference for Good City Government, 1907, Proceedings, 209-14. Whitlock, Brand. "The Evil Influence of National Parties in Municipal Elections." Conference for Good City Government, 1907, Proceed- ings, 193-208. Wickett, S. M. "City Government in Canada." Political Science Quar- terly, XV, 240-59. New York, 1900. Wilcox, Delos F. Municipal Government in Michigan and Ohio. New York, 1896. Study of City Government. New York, 1897. The Am,erican City: A Problem in Democracy. New York, 1904. Great Cities in America. New York, 1910. Municipal Franchises. 2 vols. New York, 1910. "Party Government in the Cities of New York State." Po- litical Science Quarterly, XIV, 681-98. New York, 1899. "An Examination of the Proposed Municipal Program." Municipal Program, 225-39. New York, 1900. Wilder, A. P. Municipal Problems. New Haven, 1891. Willard, Charles D. City Government for Young People. New York, 1906. Willard, J. F. The World of Graft. New York, 1901. Williams, Henry W. "Reform of our Municipal Government." Confer- ence for Good City Government, 1896, Proceedings, 236-46. Phila- delphia, 1896. 178 PRESENT POLITICAL QUESTIONS. Williamson, Charles C. "Periodical Publications on Municipal Affairs." National Municipal Review, I, 406-10. Philadelphia, 1912. Woodruff, C. R. "An American Municipal Program." Political Science Quarterly, XVIII, 47-58. New York, 1903. "The Battle for Betterment." Conference for Good City Government, 1907, Proceedings, 95-141. "American Municipal Tendencies." Conference for Good City Government, 1908, Proceedings, 145-203. "American Municipal Tendencies." National Municipal Re- view, I, 8-20. Philadelphia, 1912. Wright, Henry Collier. Bossism in Cincinnati. Cincinnati, 1905. Zeublin, Charles. American Municipal Progress. New York, 1902. A Decade of Civic Development. Chicago, 1905. 4- Works on Home Rule, Short Ballot, and the Commission Plan. Allen, Silas B. "The Des Moines Plan." Conference of Good City Government, 1907, Proceedings, 156-65. Beard, Charles A. Loose Leaf Digest of Short Ballot Charters : A Docu- mentary History of the Com/mission Form of Municipal Government. New York, 1911. "The Ballot's Burden." Political Science Quarterly, XXIV, 589-614. New York, 1909. Berryhill, J. G. "The Des Moines Plan of Municipal Government." Iowa State Bar Association, 1908, Proceedings, 35-50. Iowa City, 1908. Binkherd, Robert S. Home Rule for Cities. New York, 1912. Bishop, Joseph T. "The Burgermeister, Germany's Chief Municipal Magistrate." American Political Science Review, II, 396-410. Bal- timore, 1908. Bradford, Ernest S. Commission Government in American Cities. New York, 1912. "A Business Manager for Staunton, Va." Municipal En- gineering, XXXVI, 279-81. Indianapolis, 1909. "Commission Government in American Cities." Conference for Good City Government, 1909, Proceedings, 217-28. "A Comparison of Commission Forms of Government to Date." Conference for Good City Government, 1910, Proceedings, 246-80. The same in C. E. Woodruff, City Government by Commis- sion, 89-129. New York, 1912. "Financial Results under the Commission Form of City Government." National Municipal Review, I, 372-77. Philadel- phia, 1912. SELECT BIBLIOGRAPHY. 179 and Twenty-nine Others. "Commission Government in Amer- ican Cities." Annals, XXXVIII, 671-943. Philadelphia, 1911. Bruere, Henry, and Shepherdson, William. The New City Government. A Discussion of Municipal Administration based on a Survey of Ten Commission-Governed Cities. New York, 1912. Bucklin, James W. "The Grand Junction Democratic Charter." Twew- tieth Century, II, 36-40. Boston, 1910. "The Grand Junction Plan of City Government and its Re- sults." Annals, XXXVIII, 757-72. Philadelphia, 1911. Buttenheim, H. S. "City Charters and the Short Ballot." American City, VII, 339-43. New York, 1912. Campbell, Robert A. "The Commission Form of Government." Amer- ican Political Science Review, II, 571-74. Baltimore, 1907. "The Des Moines Plan of City Government." American Political Science Review, II, 621-26. Baltimore, 1907. Chadwick, F. E. "The Newport Charter." 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