1 B sti 1 .^SfcJKa ^ (&mu\\ ^mmWi Jihrng THE GIFT OF k.z..^.az.%.l °i.\.x\.\p... Cornell University Library The original of tliis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31 924031 51 361 1 POLITICAL SCIENCE SYLLABUS SECTION II COURSE I PRINCIPLES OF GOVERNMENT AS APPLIEDIIN THE UNITED STATES BY JEREMIAH W. JENKS, Ph.D. t Professor of Political Economy and Politics, Cornell University NEW YORK '^ SCHOOL OF LIBERAL ARTS AND SCIENCES FOR NON-RESIDENTS 1907 Copyright, 19C7 By THE SCHOOL OF LIBERAL ARTS AND SCIENCES FOR NON-RESIDENTS SECTION II The Governmental Position of the City Texts. Goodnow, Chaps. II, IV, V. Shaw, Appendix III : French Municipal Code, Title II, Chap. Ill ; Title III. Secondary Authorities. Digest of City Charters, Part I, Sections I and VI. Goodnow, Municipal Home Rule, Chap. XII. Goodnow, Municipal Problems, Chaps. II, IV. I. European and American Practice Primarily the City is necessary in a system of govern- ment in order to carry on the work of the state economically and efficiently. Why? This statement approximates the truth more nearly with the increased size of the city. In the United States, the city holds a different position relative to the state than is the case in continental European cities. In the former, the city is an organized governmental unit with definitely enumerated powers, granted to it by the state. Should it desire to exercise any powers not enumer- ated in the charter, or implied from the enumerated pow- ers, it is necessary for it to secure such a right from the state. This means that the charter granted to an American city, and amended from time to time, may, and often does, constitute a veiry long and detailed legislative enactment. In cities in continental Europe, however, we find that the charter granted to the city, or, more accurately, the act of incorporation, is drawn in general terms, and whatever is not specifically denied to the city in connection with the ad- 4 CITY GOVERNMENT ministration of local government may be undertaken by the city. Q. I. Define the term "city." Q. 2. What kinds of powers are possessed by the American city? Q. 3. Is the European or the American plan of relation- ship of the city to the state in your judgment preferable? Why? 2. Purposes in Creating the City It has been said that "The city as a governmental unit may occupy one of three positions : it may be a city-state ; it may be a grade of local government established by the state in the constitution; it may be simply the creature or agent of the general government."* Generally speaking the city occupies a dual position: ( I ) It acts as an agent of the state. In this capacity the city officials execute state laws, and in other respects the city becomes merely a local division of the state. (2) The city acts as an organ for the satisfaction of local needs. In this capacity it administers functions of a purely local nature, which do not affect the state at large. It is often difficult to distinguish between these two sets of duties. Q. 4. Mention some of the functions which the city would undertake (0) primarily as agent of the state; (&) for the satisfaction of purely local needs. Q. 5. Why should the state regulate certain functions rather than permit each city to regulate the work according to its own needs? Discuss this question with reference to public health ; to schools. 3. Control Exercised over the City W^e may consider the question of the control exercised * (Wilcox, The Study of City Government, p. 73.) CITY GOVERNMENT 5 by the state with reference to three groups of activity, viz. : legislative, administrative and judicial. As we have seen already, the state does not attempt to enumerate with any degree of minuteness the duties of cities in countries of con- tinental Europe. In the American city, however, legislative control is all-powerful. Unless definitely restricted by the state constitution, the Legislature can practically alter or amend a city's charter at will. This has led often to a large amount of legislative interference irv American city adminis- tration. As a result the sphere of activity of the city has remained uncertain, producing the inefficiency of American cities in large part. Hence many advocate a greater degree of home rule, of freedom from legislative interference, for the American city. Q. 6. Outline the extent of legislative control (a) in a French city; (b) in an American city. Q. 7. What is a special act ? What do you consider to be the most serious objections to special acts? What can you say in their favor? Q. 8. Why should legislative control of cities be inef- fective ? The administrative control over city governments is carried out to the greatest degree of perfection in European states. In the American state there is much less adminis- trative control over the city, due, in large part, to the decen- tralized character of state administration, though such con- trol is increasing. Q". 9. (o) Why is it desirable to have central adminis- trative supervision of certain functions, e.g., public health, education? (fc) Why should not the city regulate such functions independent of state supervision? (c) To what extent would you favor the use of central administrative control ? In England, administrative control is exercised largely by the Local Government Board. The central administrative 6 CITY GOVERNMENT control extends to matters affecting the country as a whole, and includes public health, police, elementary education, ac- counts and local finance, and poor-laws. Q. 10. How does the administrative control work in England (o) as regards general efficiency; (b) as regards recommendations for better laws in Parliament? The French and the German cities act under even more general powers to administer local affairs than do the English cities. On account of these general powers it is essential that the state should exercise adequate administra- tive control over the city. The extent of this control in the German city is of especial significance to us so far as the questions of appointments, loans, taxes and police are con- cerned. In the French city this control is probably even more extensive. Q. II. What body determines whether a given act or ordinance passed by the city is legally within its sphere of activity: (a) In England? (b) In France? (c) In Germany? Q. 12. What is the extent of the administrative control over the French city government? (Municipal Co4e.) In the United States, however, we find that the exercise of central administrative control is relatively unimportant, hence there has been such a development of legislative con- trol. The present tendency, however, is unquestionably in the direction of a greater degree of administrative control. Although extensive sug^rvision is not found uniformly for any given function that may be carried on by the city gov- ernment [in the United States'] ,. the most usual instances of such supervision include what may be termed protective functions, viz., public health, charities and correction, liquor laws, police, and in addition such functions as education, public utilities, etc. Q. 13. Give, as far as you can, the extent of the central administrative control over (o) education; (&) charities and correction (U. S. Census 1900: Special Bulletin, Paupers CITY GOVERNMENT J in Almshouses, 1904. See also Digest of City Charters) ; (c) police. A third type of state supervision over the city is the judicial control. The city may be brought before the ordi- nary civil courts in suits to enforce contracts or to collect damages. Its officers may further be tried in civil suits for damages, or in criminal suits for violations of official duties. In the American city the Legislature cannot execute its laws directly. Hence the locally elected officers are ex- pected to execute them. Should these officers fail to do so, the Legislature must secure other state agencies. As a mat- ter of fact, judicial control is, at best, tardy, formal, ex- pensive and uncertain. This is notably true with the larger cities. 4. Advantages of State Control Q. 14. Are the advantages of state control greater from the administrative or legislative side? Q. 15. How does administrative control protect the city from extravagance and corruption? Q. 16. As a rule the officials exercising the administra- tive control are experienced, and usually appointed. What advantage results to the city government in consequence ? Q. 17. A central administrative system usually results in having the cities furnish uniform accounts of a statistical nature. What advantage can be derived therefrom? Q. 18. Can you think of any disadvantages resulting from state supervision of the city? POLITICAL SCIENCE SYLLABUS SECTION II COURSE II COMPARATIVE POLITICS BY JEREMIAH W. JENKS, Ph.D. Professor of Political Economy and Politics, Cornell University NEW YORK SCHOOL OF .LIBERAL ARTS AND SCIENCES FOR :N0N-RESIDENTS 1907 COPTUOHT, 1907 By THE SCHOOL OF LIBERAL ARTS AND SCIENCES FOR NON-RESIDENTS SECTION 11 The Greek Governments Texts. Wilson, Chap. II, Sections 43-159. Inasmuch as the other text-books deal only with modern institutions, especial emphasis should be laid upon the authorities for secondary reading. Secondary Authorities. Fowler, The City State of the Greeks and Romans. Bluntschli, The Theory of the State, Bk. I, Chaps. II, III; Bk. II, Chap. V; Bk. IV, Chaps. IV, V; Bk. V, Chap. I; Bk. VI, Chaps. I, VIII, XVII, XX; Bk. VII, Chaps. V, VI. Ancient Greece is preeminent in the history of the world for the influence which its philosophy and literature have exerted over the modern world. However little its form of government may suggest to us directly in the way of ideas that would be practicable in modern times, it may still serve as an illustration of a state under whose government lived literary men, artists, thinkers, whose works have never been surpassed. Probably no other place has ever produced, within the same period of time, so many men preeminent in the world's history and dominant in the world's thinking as did Athens in the fifth and fourth centuries before Christ. For this reason, if for no other, we should consider the gov- ernments of Greece. Q. I. Name ten great men of ancient Athens — states- men, philosophers, poets. The government of Greece will perhaps be of chief ser- vice to us as illustrating a government in the process of COMPARATIVE POLITICS 5 of the eighteenth century this idea as put into practice has influenced the political history of the world more widely than any other. Since federation has been proved practica- ble in some great states like the United States and Germany, political thinkers are looking forward with more hope and more reason than ever before to the ultimate formation of a world state and the final abolition of war. The ancient Greeks had several federations. Q. 7. Give a brief account of the Amphictyonic Council, its purposes and its results. Q. 8. How far was the association like a conference of separate states, such as the Hague Conference? Q. 9. Give a brief account of the confederation of Delos, and discuss briefly its resemblance to a modern fed- eration, together with the reasons for its ending. Q. 10. Have we anything in modern life, either among the separate states of the American Union or among the dif- ferent states of the world, which corresponds in its influence on political matters with the old Greek games, which brought together representatives of different states in fre- quent contests? (i) Does the modern revival of the Olympic games have any such influence? (2) Does the meeting of the American Association for the Advancement of Science have any such influence? (3) Do the international yachting contests for Ameri- ca's cup and other contests of the sort have a similar influence? (4) Explain briefly in each case the reasons for your answer. Eventually Athens and the other city-states of the Greeks fell under the domination of Macedonia. Q. II. Discuss briefly the sources of the political weak- ness of the city-states (some of which, at least, seem to have 6 COMPARATIVE POLITICS had a higher culture than Macedonia), which led them to fall under its domination. Q. 12. (i) Analyze the sources of power in the king- dom of Macedon which led to its superiority over the Greeks as well as over the Eastern world. (2) How far, in your judgment, was this supremacy due to the personal qualities of Philip? Of Alexander? Q. 13. Outline briefly the government of Sparta at its prime. Q. 14. Point out in connection with this system ( 1 ) its good effects ; (2) its bad effects. Q. 15. Outline briefly the government of Athens at its prime. Q. 16. Point out in connection with this system (i) its good effects; (2) its bad effects. Q. 17. What light does the great Court of the Areo- pagus throw upon our modern jury system? Q. 18. In what ways did the slavery in ancient Athens differ from slavery in the United States before the Civil War? Q. 19. To what do you ascribe chiefly the great pros- perity and apparent success of Athens in the days of Pericles ? arV11812 Political science Cornell University Library 3 1924 031 513 611 oiin.anx 'J fi ^■^'f. %*^