Vj 
 
 
 LIBRARY OF THE 
 NEW YORK STATE COLLEGE 
 OF HOME ECONOMICS 
 
 CORNELL UNIVERSITY 
 ITHACA, NEW YORK 
 
Cornell University 
 Library 
 
 The original of tliis book is in 
 tlie Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924014571701 
 
TVC 
 
GOVEKNMENT AND POLITICS 
 IN THE UNITED STATES 
 
 A Textbook for Secondary Schools 
 
 BY 
 
 WILLIAM BACKUS GUITTEAU, Ph.D. 
 
 Superintendent of Schools, Toledo, Ohio 
 
 WITH ILLUSTRATIONS 
 
 BOSTON NEW YOKK CHICAGO 
 
 HOUGHTON MIFFLIN COMPANY 
 ^de Stitaer^ibe ^tt0 <iCamlitibse 
 

 '2^ns^^ *- 
 
 COPYRIGHT, I9II, BY WILLIAM BACKUS GUITTEAU 
 
 ALL RIGHTS RESERVED 
 
 First printing, November 1910; Reprinted, June 1911; August 1911; 
 Revised and reprinted, January 1912; Reprinted, August 1912; Re- 
 vised and reprinted, January 1913; August 1913; June 1911).; Re- 
 printed, February 1915; Revised and reprinted. May 1915; December 
 1915; March 1916; December 1916. 
 
PREFACE 
 
 Most teachers of Civics agree that the presentation of 
 this subject should commence with local government, and 
 then proceed to the study of the government of the State, 
 and finally of the Nation. Not only is this the correct order 
 historically, but by beginning with local government, the 
 pupil first studies those governmental agencies with which he 
 is most familiar. School district, township, and municipal 
 governments are nearer to his daily life and experiences; 
 and from this basis of civic facts he can proceed more readily 
 to the study of State and federal govermnent. 
 
 In presenting each of these fields of study, the same gen- 
 eral plan of treatment has been followed: first, the origin of 
 government has been briefly outlined, so that the relation 
 of government to history may be understood; second, the 
 structure or machinery of government has been described; 
 and third, the functions or activities of government have 
 been presented, special emphasis being laid upon this phase 
 of the subject. This emphasis is in accordance with the 
 legitimate demand that greater attention be given to the 
 study of applied civics; and accordingly more than half of 
 the chapters of the text are devoted to the work which 
 governments perform. 
 
 In order to make the study of government concrete and 
 vital, the largest possible use should be made of such ma- 
 terial as town warrants, legislative bills, sample ballots, 
 presidential messages, and the like. A detailed list of ma- 
 terial for this purpose is given in Appendix "D." As a 
 further aid to supplementary work, a suggestive list of 
 questions and exercises has been placed at the end of each 
 chapter, together with a chapter bibliography. These ques- 
 tions and exercises should be assigned to different members 
 
vi PREFACE 
 
 of the class, in order that each pupil may learn to use the 
 reference works cited, to distinguish between essential and 
 relatively unimportant facts, and to prepare acceptable 
 reports upon special topics. 
 
 A list of the works deemed indispensable for the school's 
 reference hbrary will be found in Appendix "E"; and if 
 funds permit, many others should be included, chosen from 
 the chapter bibliographies. 
 
 Members of the class should be encouraged to visit town- 
 ship, county, and municipal offices ; and local officials should 
 be invited to come before the class and describe the business 
 of their departments. Added interest may be secured by 
 organizing the class into a town meeting, or as a city coun- 
 cil. State legislature, or branch of Congress. A bulletin 
 board in the classroom for newspaper clippings pertaining 
 to governmental affairs will prove both interesting and 
 helpful. 
 
 The author of this text desires to express his sincere ap- 
 preciation of the kindness of several friends in reading por- 
 tions of the manuscript, and in aiding him with valuable 
 suggestions and corrections. To Professor R. C. Brooks 
 of the University of Cincinnati, he is indebted for reading 
 the chapters on local government. Professor H. V. Ames 
 of the University of Pennsylvania has examined the histor- 
 ical chapters, as well as those on the State and federal 
 constitutions. Professor F. M. Taylor of the University 
 of Michigan has read the chapters on finance. Professor 
 J. W. Jenks of Cornell University has given many helpful 
 suggestions concerning the discussion of the federal govern- 
 ment. Professor G. W. Knight of the Ohio State University 
 has done the same for the chapters on Relations of State 
 and Federal Government, Political Parties, and Nominations 
 and Elections. Professor Wilbur Siebert of the Ohio State 
 University has read the chapters on the State Legislature, 
 the State Executive, and the State's Economic Functions. 
 
PREFACE v« 
 
 Professor Carl Kelsey of the University of Pennsylvania 
 has given valuable suggestions concerning the discussion 
 of Crimes and Charities. The chapters on the State and 
 Federal Judiciary have been revised and greatly improved 
 by my friends C. F. Watts and Lloyd T. Williams of the 
 Toledo Bar. The completed manuscript has been read by 
 W. H. Cushing of Framingham, Mass., and C. W. Gayman 
 of Toledo, Ohio, both of whom have offered valuable com- 
 ments and criticisms. Finally, the author desires to express 
 his sincere appreciation of the constant and discriminating 
 assistance of Miss N. J. Heim in preparing the manuscript 
 for publication, collecting the statistics, and making the 
 index. The illustrations have been selected by Hanson H. 
 Webster of the editorial staff of the publishers. The graph- 
 ical charts were prepared by Mr. George Dunn, of the 
 Toledo Central High School. 
 
 While the author is of course solely responsible for all 
 errors and shortcomings in the work, he feels a deeper sense 
 of obligation and gratitude to these friends than he can 
 express by a formal acknowledgment in a preface. 
 
 William Backus Guitteau. 
 Toledo, Ohio, 
 January 9, 1911. 
 
TO 
 
 THE BOYS AND GIRLS 
 
 OF THE 
 TOLEDO HIGH SCHOOLS 
 
ANALYSIS OF CONTENTS 
 
 PART I 
 
 LOCAL GOVERNMENTS 
 
 I. Some Elements op Politics 1 
 
 Origin of the State — Evolution of the State — Preliminary De- 
 finitions and Distinctions — The Forms of the State — Classi- 
 fication of Governments — Immediate and Representative Gov- 
 ernments — Limited and Unlimited Governments — Monarchic, 
 Aristocratic, and Democratic Governments — Hereditary and 
 Elective Governments — ■ Centralized and Dual Governments — 
 Consolidated and Coordinated Governments — Presidential 
 and Parliamentary Governments — Characteristics of American 
 Government — The Functions of Government. 
 
 n. Origin of Ruhal Local Government 14 
 
 Relation of Local to State Governments — Classification of Lo- 
 cal Governments — Origin of Town Government — Historical 
 Development of the English Town — Origin of the County — 
 Later Development of the English Shire — Establishment of 
 Towns in New England — Characteristics of Early New England 
 Towns — Rise of the Southern County — Government of the 
 Southern County — The Southern Parish — Contrast between 
 New England and Southern Systems — Township-County Sys- 
 tem of the Middle Colonies. 
 
 m. Structure and Functions of Rural Local Gov- 
 ernment 24 
 
 General Features of New England Towns — Important Elements 
 in Town Government — The New England County — The 
 Southern County — Minor Local Divisions in the South — Town- 
 ship-County System of Local Government — Origin of the Town- 
 ship in the West — -Development of the Congressional Township 
 
 — Differentiated Types of Township-County System — The 
 Town-Meeting in the Central States — The Supervisor and the 
 Township Board — Other Township Officers — The School Dis- 
 trict — Organization of County Board in the Central States — 
 Functions of the County Board — The County's Judicial Officers 
 
 — Financial and Other County OflBcers — Local Government in 
 the Western States. 
 
X ANALYSIS OF CONTENTS 
 
 rV. MxTNiciPAL Development 38 
 
 Definition of City — Origin of Cities — Development of Cities — 
 English Origin of American Municipal Institutions — History of 
 the English Municipal Borough — Characteristics of British Mu- 
 nicipal Government — American Municipal History — Colonial 
 Cities — Relation of Cities to State Governments — Second Pe- 
 riod of American Municipal History — Third Period, 1825-1850 
 
 — Fourth Period, 1850-1875 — Changes in Municipal Organiza- 
 tion during Fourth Period — Recent Municipal History, 1875 
 to the Present Time — Changes in Municipal Organization — 
 The Commission Plan — Proposed Improvements in Municipal 
 Government. 
 
 V. Municipal Organization 50 
 
 Organization of the Council — Legislative Powers of the Coun- 
 cil — The Council's Police Power — Financial Powers of the 
 Council — Miscellaneous Powers of the Council — Procedure in 
 City Councils — The Mayor — Legislative Powers of the Mayor 
 
 — The Mayor's Administrative Powers — Judicial Powers of the 
 Mayor — Administrative OflBcials — 3oard System vs. Single 
 Commissioner System. 
 
 VI. Municipal Activities ... 61 
 
 Police Administration — Control of Police Administration — 
 Protection from Fire — Control of Public Health — Public Edu- 
 cation — Public Recreation — Charities and Poor Relief — The 
 City Street — Street Cleaning and Removal of Waste — Sewer- 
 age Systems — Water Supply — Public Lighting — Street Rail- 
 ways — The Problem of Municipal Monopolies — Arguments for 
 Municipal Ownership — Arguments against Municipal Owner* 
 ship. 
 
 PART n 
 
 STATE GOVERNMENTS 
 
 Vn. Origin of State Governments 74 
 
 The Establishment of Colonies — Classification of Colonial 
 Governments — Common Characteristics of the Colonies — The 
 Colonial Legislature — The Colonial Governor — Relations with 
 Great Britain to 1760 — Policy of Imperialism — The Dispute 
 over Representation — The Mercantile Colonial System — Re- 
 sistance to Great Britain — Declaration of Independence. 
 
 VIII. State Constitutions gg 
 
 Early State Constitutions — Parts of the State Constitution — 
 Bills of Rights — Early State Legislatures — The State Executive 
 
 — The Judiciary — Checks and Balances — Development of State 
 
ANALYSIS OF CONTENTS a 
 
 Constitutions — Second l^eriod, 1800-1860 — Third Period, 1860 
 to the Present Time — Enactment of State Constitutions — 
 Amendment of State Constitutions — Amendment by Constitu- 
 tional Convention — Amendments proposed by Legislatures — 
 Amendment through the Initiative and Referendum — Author- 
 ity of State Constitutions. 
 
 IX. The State Legislature 95 
 
 Composition of the Legislature — The Members of the Legisla- 
 ture — Organization and Procedure — The Enactment of Laws 
 
 — The Governor's Veto — Scope of State Legislative Power — 
 Non-Legislative Duties — Limitations upon Powers of State 
 Legislatures — Limitations imposed by the Federal Constitution 
 
 — Limitations implied from Federal Constitution — Limitations 
 imposed by State Constitutions — Limitations impUed from the 
 Nature of Republican Government — Direct Legislation. 
 
 X. The State Exectttive 106 
 
 Contrast between State and Federal Executives — Election and 
 Term of the Governor — Qualifications and Salary — Adminis- 
 trative Powers and Duties — PoUtical Duties — State Govern- 
 ors under the Federal Constitution — Other Principal Execu- 
 tive Officers — The Lieutenant-Governor — The Secretary of 
 State — State Auditor or Comptroller — The State Treasurer — 
 The Attorney-General — State Superintendent or Commissioner 
 of Schools — Appointive Officers of State Administration — 
 State Boards or Commissions — Civil Service Reform. 
 
 XI. The State Judiciary 115 
 
 Development of Colonial Courts — The Common Law — Equity 
 
 — Our System of Law — System of State Courts — Inferior 
 Courts — Courts of General Original Jurisdiction — Courts of 
 Last Resort — Special State Courts — Choice of State Judges — 
 Tenure of State Judges — Salary and Qualifications — -Subordin- 
 ate Officers of Courts — The Protection of Rights — Procedure 
 in Civil Cases — Adjudging Legislative Acts Unconstitutional 
 
 — Principles of Constitutional Interpretation — Judicial Con- 
 trol of Executive Officials — Relation of State to Federal Courts 
 
 — Interstate Judicial Relations. 
 
 Xn. The Police Power 129 
 
 Definition of the Police Power — General Characteristics of Police 
 Power — Scope of the State's PoUce Power — Maintenance of 
 Public Peace and Order — Preservation of the Public Safety — 
 Promotion of the Public Health — Protection of the Public Mor- 
 als — Miscellaneous Examples of the Police Power — ■ Regula- 
 tion of Trades, Callings, and Occupations — Regulation of the 
 Liquor Traffic — Regulation of Labor — Regulation of Charges 
 and Prices — Regulations in Prevention of Frauds and Oppression. 
 
xii ANALYSIS OF CONTENTS 
 
 Xin. Crime and its Punishment 140 
 
 Wrong-Doing in Early Society — Classification of Wrongs — 
 The Definition of Crime — Classification of Crimes — The Causes 
 of Crime — The Repression of Crime — First Steps in a Crimi- 
 nal Action — Framing a Formal Accusation — Arraignment and 
 Trial — The Theory of Punishment — Places of Imprisonment 
 
 — The Treatment of Criminals — The Prevention of Crime — 
 Treatment of Juvenile Offenders. 
 
 XIV. Public Charities 151 
 
 Relation of Government to Charity — The Causes of Poverty — 
 General Methods of Poor Relief — Care of Dependent Children 
 
 — Medical Charities — Dealing with the Vagrant Poor — Char- 
 ity Organization Societies — Care of Defective Classes — The 
 Cost of Charities. 
 
 XV. Control op Economic Interests 158 
 
 Economic Functions of Government — Lands — Forests, Game, 
 and Fish — Agriculture and Agricultural Interests — Labor and 
 Factory Laws — Characteristics and Development of Corpora- 
 tions — Organization and Control of Corporations — Regula- 
 tion of Banks, Insurance Companies, and Railroads — Industrial 
 Combinations — Transportation — Roads and Bridges — Canals 
 and River Navigation — Weights and Measures — Trade-Marks. 
 
 XVI. Public Education 172 
 
 Early and Modern Education — State Control of Education — 
 Elementary or Common Schools — High School or Secondary 
 Education — Colleges and Universities — The State University 
 
 — Administration of Public Schools — The District System — 
 The Township System — City School Systems — The County 
 System — State Administration of Schools — Text-Books — 
 Employment and Certification of Teachers — Compulsory Edu- 
 cation — School Revenues — Federal Aid to Public Education — 
 Educational Work of the Federal Government. 
 
 XVII. State Finance 187 
 
 Definition of Finance — Purposes of Public Expenditures — Ex- 
 penditures of National, State, and Local Governments — State 
 and Local Expenditures — Sources of Public Revenue — Sources 
 of Direct Revenue — Sources of Derivative Revenue — General 
 Principles of Taxation — Extent of the Taxing Power — Classi- 
 fication of Taxes — Assessment of General Property Tax — 
 Equalization — Levy and Collection of Taxes — Defects of the 
 General Property Tax — Mortgage Taxes — Inheritance Taxes 
 
 — Corporation Tax — Poll or Capitation Tax — Income Taxes 
 
 — License Taxes — Franchise Taxes — Reforms in Taxation — 
 Borrowing Power of State Governments — History of State 
 Debts. 
 
ANALYSIS OF CONTENTS xiii 
 
 PART III 
 
 THE NATIONAL GOVERNMENT 
 
 XVm. Origin of the Federal Government .... 207 
 
 Beginning of the Federal Union — Conditions affecting Colonial 
 Union — The New England Confederation — The Albany Plan 
 of Union (1754) — Stamp Act Congress (1765) — Growth of 
 Spirit of Resistance — First Continental Congress (1774) — The 
 Second Continental Congress (1775-1781) — Formation of the 
 Confederation — Character of the Confederation Government — 
 Defects of the Confederation — Failure of the Confederation 
 Government. 
 
 XIX. The Formation of the Constitution .... 215 
 
 The Alexandria Conference (1785) — The Annapolis Convention 
 (1786) — The Constitutional Convention (1787) — Organiza- 
 tion — The Contest over Nationalism — The Great Compromise 
 — The Three-Fifths Compromise — Navigation Acts and the 
 Slave Trade — Other Compromises and Modifications — Sources 
 of the Constitution — Completion of the Convention's Work — 
 Ratification. 
 
 XX. The Amendment and Development of the Consti- 
 
 tution 226 
 
 Modification of the Original Constitution — Process of Constitu- 
 tional Amendment — The Bill of Rights — The Eleventh Amend- 
 ment — The Twelfth Amendment — Amendments during the 
 Reconstruction Period — Constitutional Changes through Inter- 
 pretation — The Doctrine of Implied Powers — Chief Sources 
 of Implied Powers — Constitutional Changes through Usage — 
 Influence of Usage upon the Executive — Usages affecting Con- 
 gress — Constitutional Modifications through the Party System. 
 
 XXI. Relations of Federal and State Governments . 235 
 
 The Federal System — General Distribution of Powers — 
 Powers of the National Government — Classification of Federal 
 Powers — Interpretation of Federal Powers — Powers of State 
 Governments — Concurrent Powers — Prohibitions upon the 
 National Government — Restrictions designed to protect In- 
 dividual Liberty — Other Limitations upon the Federal Govern- 
 ment — Express Prohibitions upon State Governments — Second 
 Class of Express Limitations — Implied Limitations upon State 
 Governments — Privileges of States in the Union — Duties of 
 the States in the Union — Interstate Obligations — Public Acts 
 and Judicial Proceedings — Interstate Extradition. 
 
xiv ANALYSIS OF CONTENTS 
 
 XXn. The Senate 248 
 
 Congress a Two-House Body — Equal Representation of States 
 
 — Relations of the Two Houses — Election of Senators — The 
 Senatorial Term — Qualifications of Senators — Rights and 
 Privileges of Members — The Senate's Powers in Legislation — 
 Executive Functions of the Senate — Power to approve Treaties 
 
 — Confirmation of Executive Appointments — The Senate's 
 Judicial Function. 
 
 XXIII. The House or Representatives 259 
 
 Composition of the House — The Method of Apportionment — 
 Districting a State — The Suffrage — The Election of Repre- 
 sentatives — The Term of Representatives — Qualifications for 
 Representatives — Rights, Privileges, and Disabilities of Mem- 
 bers — Special Powers of the House. 
 
 XXIV. Congressional Methods 267 
 
 Term and Sessions of Congress — Internal Organization of Con- 
 gress — The Quorum — Presiding Officer of the Senate — The 
 Speaker of the House of Representatives — Chief Sources of the 
 Speaker's Power — The Committee on Rules — Congressional 
 Committees — The Process of Legislation — Relations of Con- 
 gress to the President — Limitations on the Legislative Powers 
 
 of Congress — Classification of Congressional Powers — Express 
 Powers of Congress — Implied Powers. 
 
 XXV. Organization of the Federal Executive . . . 285 
 
 Method of electing the President — Number and Choice of Elec- 
 tors — Qualifications for Electors and Voters — Time of Choos- 
 ing Electors — Meeting of the Electoral College — Counting 
 the Electoral Vote — The Disputed Election of 1876 — Elec- 
 tion by the House of Representatives — Elections of 1800 and 
 of 1824 — Changes in the Process of Election — The Inaugiu-al 
 Ceremony — Presidential Term, Salary, and Qualifications — 
 The Vice-President — Election of Vice-President by the Senate 
 
 — Statutory Presidential Succession. 
 
 XXVI. The President's Powers and Duties . . . 296 
 
 General Characteristics of the Federal Executive — Classification 
 of Executive Powers — Military Powers of the President — 
 Position as Commander-in-Chief — Duty to enforce the Laws — 
 Protection of the States — Administrative Powers — The Power 
 of Appointment — Officers appointed by Concurrent Action of 
 President and Senate — Appointment of Inferior Officers — The 
 Power of Removal — Term of Federal Officers — The Spoils Sys- 
 tem — Civil Service Reform — Diplomatic Powers — Appoint- 
 ing and Receiving Representatives — The Power to make 
 Treaties — Legislative Powers — Convening and adjourning 
 
ANALYSIS OF CONTENTS xv 
 
 Congress — Power to recommend Legislation — The Presidential 
 Veto — Judicial Powers. 
 
 KXVn. The Executive Depaktments 312 
 
 The Federal Executive Departments — The President's Cabinet 
 
 — The Department of State — Department of the Treasury — 
 Work of the Treasury Department — The Department of War 
 
 — The Department of Justice — Post-Office Department — De- 
 partment of the Navy — Department of the Interior — The 
 General Land Office — Other Bureaus of the Interior Department 
 
 — The Department of Agriculture — Department of Commerce 
 
 — Department of Labor. 
 
 XXVIII. The Fedehal Judiciary 327 
 
 Necessity of a Federal Judiciary — The National Courts — Fed- 
 eral Judges • — Jurisdiction of the Federal Courts — Jurisdiction 
 depending upon Character of Suit — Jurisdiction depending 
 upon Character of Parties — The Federal Judicial System — 
 Federal District Courts — Federal Circuit Courts of Appeals 
 
 — The Federal Supreme Court — Special United States Courts 
 
 — Exercise of Federal Judicial Power — The Law administered 
 in the Federal Courts — Declaring Legislative Acts Void — 
 Historical Decisions. 
 
 XXIX. Expenditure and Revenue 340 
 
 Objects of Federal Expenditures — Growth of Government Ex- 
 penditures — Control of Federal Expenditures — Criticisms of 
 Federal System of Finance — Sources of Federal Revenue — 
 Taxing Power of the National Government — Import Duties as a 
 Source of Revenue — Import Duties as a Form of Tax — Gene- 
 ral Characteristics of Excise Taxes — ■ History of Excise Taxation 
 
 — Administration of Excise Taxes — Characteristics of Income 
 Taxes — History of Federal Taxation of Incomes — Direct Taxes 
 levied by the Federal Government — Anticipatory or Extraor- 
 dinary Revenues — Bond Issues — Short-Time Loans — History 
 of the National Debt. 
 
 XXX. Coinage and Currency 358 
 
 Origin and Functions of Money — Monetary System of the United 
 States — Volume of Money — History of Metallic Currency to 
 1873 — History of Metallic Currency, 1873-1900 — The Corn- 
 age Act of 1878 — The Sherman Act and its Results — Argu- 
 ments for Bimetallism — Arguments for Monometallism ^- 
 Currency Act of 1900 — Paper Currency — First United States 
 Bank — Second United States Bank — Constitutionality of a 
 Federal Bank — State Banks — The National Banks — The 
 Independent Treasury System — Government Paper Money — 
 Legal-Tender United States Notes — Resumption of Specie Pay- 
 ments — Constitutionality of Legal-Tender Notes. 
 
xvi ANALYSIS OF CONTENTS 
 
 XXXI. Commercial Functions 377 
 
 Commerce under the Confederation — Commerce under the 
 Constitution — Navigation — River and Harbor Improvements 
 — Tariff Duties — Tariff History of the United States — Argu- 
 ments for Free Trade or a Revenue Tariff — Arguments for Pro- 
 tection — Immigration — General Characteristics of Immigra- 
 tion — Control of Interstate Commerce — Instruments of Inter- 
 state Commerce — Railway Transportation — Interstate Com- 
 merce Act — Anti-Trust Act of 1890. 
 
 XXXII. International Relations 396 
 
 International Law — Federal Control of International Affairs — 
 History of American Foreign Policy — The Struggle for Neutral 
 Rights — Policy of Territorial Expansion — Foreign Affairs dur- 
 ing the Civil War — The Monroe Doctrine — Present Position of 
 the United States — Arbitration — Foreign Intercourse — Diplo- 
 matic Representatives — Consular Officers and Agents. 
 
 XXXIII. Territorial Functions 407 
 
 Territorial Power under the Constitution — Expansion of the 
 National Area — Early History of Northwest Territory — Early 
 Territorial Legislation — Ordinance of 1787 — Later Territorial 
 Legislation — Territories and Possessions on the American Con- 
 tinent — The Government of Alaska — The Panama Canal Zone 
 
 — Representative Territorial Government — The District of 
 Columbia — Other National Property — Insular Territories or 
 Dependencies — The Territory of Hawaii — Government of 
 Porto Rico — Government of the Philippine Islands — Relation 
 of Territories to the Union — Admission of New States. 
 
 XXXIV. Military Functions 424 
 
 War Powers of the Federal Government — American Wars — 
 The Declaration of War — Letters of Marque and Reprisal — 
 Captures on Land and Water — Power to raise and support 
 Armies — Officers of the Army — Education of Officers — Mili- 
 tia — The Navy — Education of Officers — Rules for the Gov- 
 ernment of Land and Naval Forces — Military Pensions. 
 
 XXXV. Miscellaneous Powers 435 
 
 Control of Naturalization — Process of Naturalization — Natur- 
 alization of Communities — Effects of Naturalization — Power 
 over Bankruptcy — Proceedings in Bankruptcy — Power over 
 Copyrights — Patents — Trade-Marks — Weights and Measures 
 
 — Federal Power over Crimes — Counterfeiting — Piracy — 
 Offenses against the Law of Nations — Treason. 
 
 XXXVI. History and Organization of Political Parties 445 
 Importance of Political Parties — Functions of Parties — Origin 
 
 of Parties — The Federalists (1788-1816) — The Democratic- 
 
ANALYSIS OF CONTENTS xvii 
 
 Republican Party (1788-1820) — Reorganization of Parties 
 (1820-1830) — The Democratic Party (1830-1856) — The Na- 
 tional Republican or Whig Party (1830-1856) — Second Reor- 
 ganization of Parties (1852-1860) — Parties since 1860 — Minor 
 Political Parties — Organization of Parties — The Party Ma- 
 chine — Party Responsibility. 
 
 XXXVII. Nominations and Elections 455 
 
 Methods of Nomination — The Party Primary — Types of Pri- 
 maries — Local Nominating Conventions — Judicial and District 
 Conventions — State Nominating Conventions — Presidential 
 Nominating Systems — The Call of National Conventions — The 
 Delegates — Procedure in National Conventions — The Nomi- 
 nation of Candidates — Presidential Electors — Direct Primary 
 System — Nomination by Petition — Elections — Qualifica- 
 tions for Voting — Woman's Suffrage — Election Districts and 
 Registration — The Conduct of Elections — Casting and Count- 
 ing the Ballots. 
 
 APPENDIX 
 
 A. The Constitution of the United States . . . . i 
 
 B. Area, PopuiiATioN, and Electoral Votes of the 
 
 States, 1910 xvii 
 
 C. Area and Population of Territories and Insular 
 
 Possessions xviii 
 
 D. Illustrative Material for the Study of Govern- 
 
 ment xviii 
 
 E. Selected References on American Government . xx 
 
 INDEX xxiii 
 
 ILLUSTRATIONS FROM PHOTOGRAPHS 
 
 The Capitol at Washington Frontispiece 
 
 Road Making. Two Photographs showing the effect of 
 
 Macadamizing facing 28 
 
 The New City Hall at Chicago "44 
 
 A Typical New England Town Hall, at Needham, Massa- 
 chusetts "44 
 
 The Municipal Building at Des Moines (exterior and 
 
 interior) " 46 
 
ILLUSTRATIONS 
 
 A View in Central Park, New York City . . . fadng 
 
 William H. Seward Park, New York City 
 
 A Public Bath for Boys, Boston .... 
 
 Field House at South Park, Chicago 
 
 Pumping Station at the Chestnut Hill Reservoir, Boston 
 
 A Section of the Stony Brook Conduit, Boston 
 
 Two Views of a School-yard in Cleveland Before and After 
 Improvement 
 
 New York State Capitol at Albany .... 
 
 Ohio State Capitol at Columbus .... 
 
 Spokane County Court House, Spokane, Washington 
 
 Cumberland County Court House, Portland, Maine 
 
 Armory of the State Militia, Medford, Massachusetts 
 
 Police Protection during a Strike 
 
 Boston City Hospital Relief Station 
 
 A Tenement House Section in New York City 
 
 Two Photographs illustrating Forestry 
 
 Minnesota Agricultural Experiment Station 
 
 The Dairy Car of the "Better Farming Special' 
 
 The Sault Ste. Marie Canal 
 
 The Queensborough Bridge, New York . 
 
 Boston Public Library 
 
 The Soldan High School, St. Louis . 
 
 Bird's Eye View of the University of Wisconsin 
 
 Three Photographs Illustrating the Centralization pli 
 Schools 
 
 Public School 165, New York City . 
 
 The Grover Cleveland School, Philadelphia 
 
 United States Senate Chamber 
 
 United States Hall of Representatives 
 
 The New Office Building of the United States Senate 
 
 The Executive Offices ... 
 
 The Post Office at New York City . 
 
 The Post Office at Atlanta, Georgia 
 
 The Library of Congress 
 
 The Patent Office 
 
 The Great Garland Canal on the Shoshone Project, Wyoming 
 
 The Truckee River Irrigating Canal, Nevada . 
 
 The State, War, and Navy Departments 
 
 The Supreme Court Chamber . 
 
 Opening of the Panama Canal, August 15, 1914 
 
 The Ellis Island Immigration Station (exterior and in- 
 terior) . 
 
 The Custom House at New York City 
 
 The Custom House at Philadelphia 
 
 The Governor's Palace at San Juan, Porto Rico 
 
 International Bureau of the American Republics, at 
 Washington 
 
 an of 
 
ILLUSTRATIONS xk 
 
 The Armored Cruiser "Montana" facing 434 
 
 United States Penitentiary at Leavenworth, Kansas • " 434 
 
 The Coliseum, Chicago " 454 
 
 A Political Parade "454 
 
 The Dial of a Voting Machine " 455 
 
 FACSIMILES, DIAGRAMS, AND MAPS 
 
 State Legislative Bill {facsimile) facing 101 
 
 Our System of Law {diagram) 117 
 
 A Pennsylvania Injunction {facsimile) 126 
 
 Sources of School Revenues {diagram) 182 
 
 Expenditures of National, State, and Local Governments {diagram) 188 
 
 Amount and Objects of State and Local Expenditures {diagram) . 189 
 
 Receipts of National, State, and Local Governments {diagram) . 190 
 
 Sources of State and Local Revenues {diagram) .... 192 
 
 Per Cent Sources of State and Local Revenues {diagram) . 195 
 Distribution of General Property Tax among State and Local Gov- 
 ernments {diagram) ..... . . 198 
 
 Distribution of Governmental Powers {diagram) . . 236 
 
 The Original Gerrymander {facsimile) .... . 261 
 
 Congressional Districts in the State of Alabama {map) . . 261 
 
 Form of a Federal Law {facsimile) facing 283 
 
 A Presidential Proclamation {facsimile) .... facing 300 
 
 Last Page of Treaty of Paris, 1898 {facsimile) . . . 306 
 
 Objects of Federal Expenditures {diagram) 341 
 
 Federal Revenues and Expenditures, 1860-1908 {diagram) . . 343 
 
 Sources of Federal Revenues {diagram) 344 
 
 The National Debt, 1860-1914 {diagram) 355 
 
 Sources of om' Immigration for the years 1882 and 1907 {diagram) . 387 
 
 Insular Expansion of the United States, 1898 {map) . facing 397 
 
 Massachusetts Ballot (facsimile) 469-470 
 
 Continental Expansion of the United States since 1783 {map) 
 
 Back Lining Pages 
 
GOVERNMENT AND POLITICS IN THE 
 UNITED STATES 
 
 CHAPTER I 
 
 SOME ELEMENTS OB POLITICS 
 
 1. Origin of the State. Since the very beginning of civil- 
 ization the tendency of man has been to unite with his kind 
 in some form of association, rather than to live a Kinsblp 
 solitary and independent life.' One of the earli- ^*<"f 
 
 est of these groups is the patriarchal family, in which the 
 father rules over his descendants as both king and priest. 
 In other words, early social organization is based upon kin- 
 ship; individuals related by blood unite in a family group for 
 mutual protection and support. Gradually the family be- 
 comes larger and broadens into the clan or gens — a group 
 of families claiming descent from a common ancestor, prac- 
 ticing the same religious rites, and ruled over by the chief 
 kinsman. At length a number of clans unite into a tribe 
 whose chieftain is still in theory the chief kinsman. Finally 
 from the union of a number of tribes the ancient state ap- 
 pears, the members of which are united by the triple bond 
 of a common language, a common religion, and real or as- 
 sumed blood relationship. At the head of the state is the 
 king, sanctified as priest and father of his people.^ 
 
 2. Evolution of the State. The early state was little more 
 
 ^ According to the celebrated dictum of Aristotle in his work oq Politics: "Man is by 
 nature a political animal." 
 
 ' This pairiarchal theory concerning the origin of political institutions was propounded 
 by Sir Henry Maine, and is now accepted by many authorities. But since the actual origin 
 of political institutions antedates history by thousands of years, this explanation must b« 
 viewed not as an account of how the state actually did originate, but of how it may reason- 
 ably be supposed to have originated. 
 
2 GOVERNMENT AND POLITICS 
 
 than a group of migratory tribes which gained a precarious 
 Faotois In living by hunting, fishing, and herding their flocks, 
 develop- But with the development of agriculture, men be- 
 came identified with the land which they tilled. 
 Thus the bonds of kinship and tribal relations were strength- 
 ened by the sense of geographical unity, and from that time 
 on, political life was associated with the land on which each 
 community lived. In the development of the state, religion 
 and war were also factors of great importance. Religion 
 served to inculcate reverence and piety among the masses 
 of the people, thereby making possible the supremacy of law; 
 while war resulted in the survival of those early groups which 
 were best adapted to their environment — in short, it gave 
 the land to the strongest nations, to those which could make 
 best use of it. Thus by a gradual evolution from early and 
 imperfect beginnings, we have the complex industrial state 
 of to-day, a product of history and of the gradual and con- 
 tinuous improvement of human society.^ 
 
 3. Preliminary Definitions and Distinctions. The modem 
 state is an independent, sovereign political community, or- 
 suto ganized under some form of government. Inde- 
 
 pendence, sovereignty, organization — these are 
 the essential elements in the conception of the state. 
 Hence a community politically dependent upon another, as 
 Egypt or the Philippines, is not a state. By sovereignty, 
 the second element in the definition of the state, is meant 
 supreme and universal power over all individuals within its 
 borders. 2 In most modem states the ultimate sovereignty 
 
 * This historical theory as to the origin of the state is now generally accepted by writers en 
 politics. Two other theories regarding the origin of the state formerly prevailed. (1 ) Dur- 
 ing antiquity and the Middle Ages, the state was generally viewed as of direct divine cre- 
 ation. (2) In the seventeenth and eighteenth centuries, the prevalent theory was that the 
 state had its origin in a contract or compact among individuals whereby each gave up a part 
 of his own natural liberty in order that all might be protected by the combined strength of 
 all. The chief exponents of this social contract theory were Hobbes, Locke, and Rousseau. It 
 was accepted by Jefferson, Madison, and other early American statesmen, and was embod- 
 ied in the Declaration of Independence and in the Bills of Rights of the early State con- 
 Btitutions. 
 
 ' This definition excludes the individual commonwealths comprising our federal Union 
 •ince these are not sovereign states. Throughout this volume the word "State" capitalized' 
 will be used to denote one of the members of the Union; and printed without a capital tc 
 
SOME ELEMENTS OP POLITICS S 
 
 is vested in the people themselves. Lastly the state pos- 
 sesses an organization known as its government, which wilF 
 be presently defined. 
 
 The word nation (from the Latin nascor, to be born) has 
 reference primarily to the relations of birth and race kin- 
 ship. Hence the term is sometimes used to denote „ , 
 
 1 1 n 111- 1 Nation 
 
 a body of people belonging to the same race, pos- 
 sessing a common language, common civilization, traditionSj 
 and customs. In this sense all Germans, whether living in 
 Grermany, Austria, or elsewhere, compose the German na- 
 tion. A second and more common use of the word nation 
 is to denote a body of people living within a definite territory 
 under an independent government of their own; thus the 
 French nation denotes the people occupying the territory 
 known as France. 
 
 Government, a term often used as synonymous with state, 
 
 should be clearly distinguished from it, since government is 
 
 merely the instrument or agency created to carry „ 
 
 ° .11 OoTenuMnt 
 
 out the ends of the state. Government mcludes 
 
 the body of laws and customs through which the will of the 
 
 state is expressed, as well as the oflScers whose duty it is to 
 
 formulate, execute, and interpret those laws and customs. 
 
 A government is administered in accordance with a consti- 
 tution — which may be defined as the fimdamental, organic 
 law in which the will of the state is expressed, and 
 by which the form and powers of its government 
 are determined. Constitutions are usually written,' as in 
 the case of the United States, Germany, France, and Italy; 
 sometimes unwritten like that of Great Britain. Unwritten 
 constitutions exist in the form of precedents, customs, and 
 rules defining the nature of the government and the scope of 
 its authority. 
 
 4. The Forms of the State. Most writers on politics have 
 
 denote & sovereign state belonging to the family of nations — as the United States «l 
 France. 
 
 ^ The first written constitution creating a government was the Fundamental Orders oi 
 Connecticutf drafted by the people of Windsor, Hartford, and Wethersfield in 1639. 
 
4 GOVERNMENT AND POLITICS 
 
 followed Aristotle's classification of states into monarchies, 
 .^ . ., , aristocracies, and democracies, according to the 
 
 Aristotle s 
 
 ouisiiica- number of those who hold the sovereignty or 
 °° supreme power.^ If sovereignty resides in a single 
 
 individual the state is a monarchy; if in a minority of per- 
 sons it is an aristocracy; if in the majority, a democracy. 
 This classification is of slight practical value at the present 
 time, since nearly all great modern states are democracies, 
 the supreme power being vested in the people; but many of 
 them have monarchical governments. 
 
 History furnishes another classification based upon no 
 general principle into: (1) the city state, of which ancient 
 Historical Greece furnishes many examples. (2) The uni- 
 loms versal or world state, the institution peculiar to 
 
 Roman political genius; e. g., the Roman Empire and the 
 empires of Charlemagne and Napoleon I. (3) The feudal 
 state of the Middle Ages, in which numerous territories 
 were loosely bound to the head of the state by feudal ties. 
 (4) The national state, whose boundaries generally include 
 one dominant people. The national state is the special pro- 
 duct of Teutonic political genius, and is the form which 
 most modern states have assumed. 
 
 5. Classification of Governments. It is possible to 
 classify governments in a number of different ways, accord- 
 ing to the principle of classification selected. Thus govern- 
 ments may be classified as: (1) immediate or representa- 
 tive; (2) limited or unlimited; (3) monarchic, aristocratic, 
 or democratic; (4) hereditary or elective; (5) centralized or 
 dual; (6) consolidated or coordinated; (7) presidential or par- 
 liamentary. 
 
 6. Immediate and Representative Governments. Govern- 
 ments may be distinguished as immediate or representa- 
 tive, according as the state is or is not identified with the 
 government. Most ancient governments were immediate, as 
 
 * ArUtotle also recogDized a perverted form of each type. Thus the perverted form of 
 moDArcby is the despotism; of aristocracy, the oligarchy; and of democracy, the ochlocracy 
 (mob rule). 
 
SOME ELEMENTS OF POLITICS 5 
 
 is the British government to-day; that is, there is no organ- 
 ization of the state apart from the government, mntity or 
 
 and it is through the government alone that the non-iatnutj 
 
 ^ . ol stats 
 
 state acts. In representative governments, such with 
 
 as Germany, France, and the United States, the "'"™™"' 
 government is merely representative of the state, the latter 
 being distinct from the government and supreme over it. 
 Hence in these three countries constitutional amendments 
 can be adopted only by the state itself; while in Great 
 Britain the constitution may be changed by the govern- 
 ment. 
 
 7. Limited and Unlimited Governments. Governments 
 may be classed as limited or unlimited, according as the 
 constitution does or does not create a sphere of Extent 
 individual Hberty upon which government cannot mental"' 
 encroach. This does not mean that unlimited gov- power 
 ernments are necessarily despotic, but simply that they may 
 be. The governments of Great Britain, France, and Russia 
 are all unlimited, since individual rights are not safeguarded 
 through constitutional guaranties which the government 
 cannot alter; yet only one of these governments could be 
 characterized as despotic. Both the United States and 
 Germany have limited governments, the United States 
 having gone further than any other coimtry in the matter 
 of protecting individual liberty. 
 
 8. Monarchic, Aristocratic, and Democratic Govern- 
 ments. Governments are monarchic, aristocratic, or demo- 
 cratic, according as one or the few or the many are made 
 eligible to hold office. Some governments are monarchic as 
 to one branch, democratic as to another. The British govern- 
 ment is monarchic as to the executive, aristocratic as to the 
 House of Lords, and democratic as to the House of Com- 
 mons. On the other hand, the governments of France and 
 the United States are democratic in all branches; that is, 
 practically all adult male citizens are eligible to all offices. 
 
 9. Hereditary and Elective Governments. Another 
 
6 GOVERNMENT AND POLITICS 
 
 principle in accordance with which governments may be 
 classified is the tenure of the chief executive. Under heredi- 
 Tmnrs ^^^ governments, governmental authority is con- 
 oi oUei ferred upon an individual by virtue of his birth. 
 In most European countries, government is hered- 
 itary, the eldest son of the deceased monarch ordinarily 
 succeeding to the throne. In elective governments, the chief 
 executive authority is vested in an individual who is elected 
 to office by those possessing the suffrage. Of this tj^pe are 
 the governments of the United States and the American 
 continent generally, as well as France and Switzerland. 
 
 10. Centralized and Dual Govemments. Governments 
 may also be distinguished as centralized and dual. Central- 
 OentraUzed ized government is that form in which govem- 
 Bovemment mg^-j-g^i powers are vested primarily in a single 
 central organization. No local divisions exist which possess 
 original authority, or powers which cannot be taken away 
 at the will of the central government. Most governments 
 belong to this class, e. g., those of Great Britain, France, 
 Italy, Spain, and Russia. 
 
 Under dual government, authority is divided between two 
 governments to a considerable extent mutually independent. 
 Dual neither of which can lawfully encroach upon the 
 
 goTerament sphere of the other. Dual governments are of 
 iwo kinds, confederate and federal, the former being often 
 1 transient form in the development of the latter. 
 
 A confederate government is a mere league of sovereign 
 oonfeierate states, the central government possessing few 
 ^^ powers. Historical examples are the Swiss Con- 
 
 federation, the North German Confederation, and the 
 United States under the Articles of Confederation. 
 
 These confederations afterwards developed iato states 
 with the federal form of government (Switzerland, the 
 Fe4«rai German Empire, and the United States) . In each 
 *'" of these countries two distinct governmental 
 
 authorities have been created, each entrusted with certain 
 
SOME ELEMENTS OF POLITICS 7 
 
 functions and in many ways independent of the other. 
 These are: (1) The central or national government, and 
 (2) the governments of the several members of the union, 
 known as cantonal governments in Switzerland, State gov- 
 ernments in Germany and the United States. 
 
 The division of powers between the national and State 
 governments is one of the distinctive features of the Amer- 
 ican system. This division is established by the Divuion 
 federal constitution, which enumerates the powers " 5"^*" 
 of the national government, all others being reserved to the 
 States or to the people. Those interests which concern the 
 United States as a whole, such as foreign relations, national 
 finance, foreign and interstate commerce, are entrusted to 
 the national government; while the individual States regu- 
 late those subjects which directly afifect the citizen in his 
 daily Ufe, such as local government, education, property 
 and contract rights, and criminal law. 
 
 A further distribution of powers exists within each com- 
 monwealth between the State government itself, and the 
 various local governments (municipalities, school Looai 
 districts, townships, and counties). This division «"'»"»'"»* 
 of powers is partly provided for in the State constitutions, 
 but is chiefly a matter of legislative discretion. For this 
 reason the powers of local governments are subject to fre- 
 quent change, although generally local authorities are en- 
 trusted with the maintenance of public order and the 
 immediate personal care of the people of each community 
 (including such interests as schools, poor relief, street- 
 paving and Hghting, water supply). 
 
 II. Consolidated and Coordinated Governments. Con- 
 solidated government is that type wherein the state entrusts 
 all governmental powers to a, single body. Coordinated 
 government is the form in which such powers are distributed 
 among separate departments (legislative, executive, and 
 judicial), each having its own independent existence. 
 France in the days of Louis XIV, Russia until recent 
 
8 GOVERNMENT AND POLITICS 
 
 years,^ are examples of consolidated governments; but co- 
 ordinated government is the form now almost universal 
 among the great states of the world. 
 
 In ancient times Aristotle had pointed out that the powers 
 of government naturally fall into three groups, legislative. 
 The three executive, and judicial. It was reserved for mod- 
 oepartments ^^^ writers — especially Locke in England and 
 Montesquieu ^ in France — to demonstrate that this separa- 
 tion of powers constitutes an all-important guaranty of 
 individual liberty and free government. Montesquieu 
 pointed to the British constitution as firrnishing the best 
 illustration of this separation and independence of govern- 
 mental authorities; and it was the British constitution as 
 thus conceived which furnished the precedent for our Amer- 
 ican system of separation of powers.' 
 
 It is a familiar principle in American jurisprudence that to 
 the legislature is entrusted the making of laws ; to the execu- 
 Foncttoiu ^^^® their enforcement or administration; and to 
 oieaohfle- the judiciary the interpretation of laws, that is, 
 the final decision as to their meaning, application, 
 and constitutionality. Each of these departments is an inde- 
 pendent and coordinate branch of the government; and 
 hence it follows that no department may lawfully usurp the 
 functions of the others, or encroach upon their rightful 
 spheres. 
 
 Although the three departments of government are distinct 
 and independent, in practice each exercises considerable 
 Checks and indirect control over the others. This makes each 
 balances ^ "check and balance" upon the others, and en- 
 ables each department to protect its own sphere from en- 
 croachment. For example, only the legislature can raise and 
 
 1 The Eussian legislature or Douma was called into existence in 1905. In theory at leaat 
 the congent of this body is necessary to the enactment of laws. 
 
 " Montesquieu's great work, De I'Eiiprit des Lois (the Spirit of the Laws), was first pub- 
 fished in 1748. His famous discussion of the separation of powers and the check and balance 
 of each upon the others is given in Book xi, ch. VI. 
 
 • The subsequent development of the British government has resulted in the complete 
 subordination of the executive to Parliament; so that the British constitution no longer 
 illustrates the principle of division of powers among coordinate departments. 
 
SOME ELEMENTS OF POLITICS 9 
 
 appropriate money with which to carry on the government, 
 or exercise the power of impeachment; the executive has a 
 limited veto upon measures passed by the legislature; and 
 the courts have the ultimate decision as to the constitution- 
 ality of the acts of the other departments. 
 
 12. Presidential and Parliamentary Governments. Fin- 
 ally, with reference to the relation of the executive to the 
 legislature, governments may be classified as preaUentui 
 presidential or parliamentary. In presidential 8°^°"™™' 
 government the executive is independent of the legislature. 
 The chief executive is not chosen by the legislature, and that 
 body cannot turn him out of office because of political disa- 
 greement. Nor is the executive responsible to the legislature 
 for his administrative policies and acts; he appoints his own 
 cabinet of advisers, who are poUtically responsible not to the 
 legislature but to him. Moreover he generally has the veto 
 power whereby he may protect the executive sphere against 
 legislative encroachment. Both the United States and the 
 German Empire have presidential governments. 
 
 Parliamentary government exists when the legislatiu-e is 
 entrusted with the control of the administration. The 
 legislature chooses the real executive (who often is p„uim8nt- 
 not the nominal one), and terminates the execu- arygovem- 
 tive term at its own pleasure. Executive powers 
 are exercised by a cabinet of ministers, generally the chiefs 
 of the majority party in the legislature, who are poHtically 
 responsible to that body alone. Hence whenever this cab- 
 inet ceases to have the confidence of the legislature (in 
 practice, of the lower house), the ministers must resign so 
 that others may be chosen. Great Britain, Prance, Italy, 
 and Austria-Hungary have parliamentary governments. 
 
 13. Characteristics of American Government. The lead- 
 ing characteristics of American government may now be 
 summarized as follows: (1) American government is rejn-e- 
 sentative ; that is, the government is not supreme but acts for 
 and in behalf of the people, who rule through their represent- 
 
10 GOVERNMENT AND POLITICS 
 
 atives. (2) It is limited; in both national and State consti- 
 tutions the rights of the individual are carefully safeguarded 
 agaiast encroachment on the part of other individuals or of 
 government itself. (3) It is democratic ; eUgibility to oflSce is 
 limited only by citizenship, age, residence, and sex. (4) It 
 is elective; that is, the governmental officers are chosen 
 by the votes of persons possessing the sufiPrage. (5) It is 
 federal ; that is, the state employs two governmental organ- 
 izations, entrusting to the one general powers pertaining to 
 the interests of the United States as a whole, and to the 
 other, powers to be exercised on behalf of the people of each 
 individual State. (6) It is coordinated; that is, the powers 
 of government are distributed among legislative, executive, 
 and judicial departments, each independent but coordinated 
 with the others. (7) It is presidential; that is, the chief 
 executive or president is not chosen by the legislature, nor is 
 he responsible to that body for his political acts and policies. 
 Such are the leading characteristics of the government de- 
 scribed by a German writer. Von Hoist, as "the greatest and 
 freest republic of all time. " '■ 
 
 14. The Functions of Government. To the question, 
 "What are the functions of government?" no general an- 
 swer can be given which will be true at all times or in all 
 countries. Widely varying conceptions of what govern- 
 mental functions ought to be are held by citizens of difiFerent 
 states, and by citizens of the same state at different epochs. 
 On the one hand, extreme individualists maintain that 
 government activity should be limited to the protection of 
 life and property, and the enforcement of contracts. Social- 
 ists, on the contrary, urge that government should own the 
 land and productive capital, and organize and manage all 
 productive enterprises. Between these two extremes are 
 many shades of opinion. The functions which a particular 
 government imdertakes will be determined largely by the 
 popular attitude on the question of government activity ; and 
 
 ^ Constitutional Law of the United States, p, 94. 
 
SOME ELEMENTS OF POLITICS 11 
 
 this popular attitude will itself be moulded largely by the 
 state's history and customs, its economic condition and 
 interests. 
 
 Certain activities are so vital to public welfare that all govern- 
 ments undertake them, and these may therefore be Esientlal 
 called the essential functions of government. They are JiuuitlonB 
 as follows: — 
 
 , (1) The maintenance of order and the protection of persons 
 and property. To this end, governments maintain pohce and 
 militia systems, armies and navies. 
 
 (2) The definition and regulation of property rights. This 
 involves the enactment of laws concerning the holding, trans~ 
 mission, and inheritance of property, the determination of Uabihty 
 for taxes, debts, and fines, and the conditions governing the exer- 
 cise of eminent domain. . 
 
 (3) The determination of contract rights. 
 
 (4) The administration of justice in both civil and criminal 
 cases.' This includes the definition of legal rights and of crimes, 
 the maintenance of courts and the enforcement of judicial process. 
 
 (5) The fixing of the legal relations between certain classes of 
 individuals, especially between husband and wife, guardian and 
 ward, master and servant, parent and child (the law of domestic 
 relations). 
 
 (6) The determiaation of the poUtical duties, privileges, and rela- 
 tions of citizens, including such matters as citizenship, suffrage, and 
 elections. 
 
 (7) The control of the state's international interests, including 
 defense against external attack and the maintenance of diplomatic 
 relations. 
 
 There can be little dispute as to the necessity of the above-men- 
 tioned functions, since these are the vital purposes to secure which 
 governments are formed. There is greater difference 
 of opinion with respect to the following optional func- j^o^ons 
 tions, most of which are undertaken in greater or less 
 degree by all modern governments: — 
 
 (1) The regulation of trade and industry. Under this head are 
 included control of commerce through trade and navigation acts; 
 encouragement of industry by means of tariffs, bounties, and sub- 
 sidies; regulation of labor, especially through factory legislation; 
 
 ^ Civil cases are those in which the individual, through his own action, invokes the aid of 
 the court to secure legal redress; criminal cases are those which government prosecutes and 
 punishes in its own name. 
 
12 GOVERNMENT AND POLITICS 
 
 enactment of bankruptcy laws; establishment of standard weights 
 and measures; control of corporations; granting of monopoly priv- 
 ileges, such as franchises, patents, and copyrights; equalization 
 of the terms of competition by estabhshing maximum freight 
 charges and interest rates. 
 
 (2) The establishment and maintenance of useful public works, 
 including postal facilities, coinage of money, consular service, 
 collection of statistics, internal improvements (roads, bridges, 
 canals, river and harbor improvements), electric-lighting plants, 
 and waterworks.^ 
 
 (3) Education, involving the establishment and maintenance of 
 schools, libraries, and art galleries. 
 
 (4) Sanitation, including the inspection of food products, licens- 
 ing of certain trades, maintenance of waterworks and sewer 
 systems. 
 
 (5) Care of the dependent and defective classes by the erection 
 of asylums for paupers, the insane, and epileptics; also schools for 
 deaf mutes and the blind. 
 
 (6) Regulation of forestry, mining, and fisheries. 
 
 GENERAL REFERENCES 
 
 Ashley, Roscoe L., The American Federal State (1903), ch. i. 
 
 Bagehot, Walter, Physics and Politics (1906). 
 
 Black, H. C, American Constitutional Law (1897), chs. i-ii. 
 
 Bluntschli, J. K., The Theory of the State (1901). 
 
 Boynton, F. D., School Civics (1904), chs. i-ii. 
 
 Burgess, John W., Political Science and Comparative Constitutional Law 
 
 (1902), I, pp. 1-89; ii, pp. 1^0. 
 Forman, S. E., Advanced Civics (1905), chs. i, rv-vi. 
 Hinsdale, B. A., The American Government (1900), Introduction. 
 Jenks, E., History of Politics (1900). 
 Landon, Judson, The Constitutional History and Government of the United 
 
 States (1905), chs. xvii-xviii. 
 McClain, Emlin, Constitutional Law in the United States (1905), ch. i. 
 Pollock, Frederick, Introduction to the History of the Science of Politics 
 
 (1900). 
 Sidgwick, Henry, Elements of Politics (1897). 
 Willoughby, W. W., The Nature of the State (1896). 
 
 The Rights and Duties of American Citizenship (1898), part i 
 
 Wilson, Woodrow, The State (1906), ch. i. 
 
 Woodburn, James A., The American Republic and its Government (1903), 
 
 chs. I-II. 
 
 ' Many Kuropean governments alao own and operate electric and steam railways, tele- 
 graph and express systems. 
 
SOME ELEMENTS OF POLITICS 13 
 
 QUESTIONS AND EXERCISES 
 
 1. Explain why government is necessary. Why is the study of govern- 
 ment important to every citizen? 
 
 2. What are some of the obligations of the individual toward govern- 
 ment? Of government toward individuals? 
 
 3. Distinguish between the Italian nation, the Italian state, and the 
 Italian government. (Kaye, P. L., Readings in Civil Qmemment, pp. 
 8-9.) 
 
 4. Name several nations which have established separate national gov- 
 ernments in modem times. {Cambridge Modern History, xi; Bur- 
 gess, John W., Political Science and Comparative Constitutional Law, 
 I, pp. 37-39.) 
 
 5. Classify the governments of Great Britain, France, and Germany in 
 accordance with the principles in Section 5 . (Burgess, John W., Political 
 Science, ii, pp. 21-10.) 
 
 6. Discuss the respective advantages of presidential and of parliament- 
 ary governments; of centralized and of dual governments. (Burgess, 
 John W., Political Science, ii, pp. 12-16.) 
 
 7. Prepare a report upon the origin of representative government in the 
 United States. (Kaye, P. L., Readings, pp. 21-25.) 
 
 8. Explain the meaning of constitutional government. (Kaye, P. L., Read- 
 ings, pp. 9-15.) 
 
 9. What are the respective merits and defects of written and of unwritten 
 constitutions? 
 
 10. What are the advantages of distributing governmental powers among 
 three separate departments? 
 
 11. Which of the optional functions mentioned in Section 14 are performed 
 by our government? Do you think others should be includeid? 
 
CHAPTER II 
 
 ORIGIN OF BUBAL LOCAL GOVEBNMENT 
 
 15. Relation of Local to State Govemmeiits. In a coun- 
 try whose government is centralized, the national authority 
 Diversity of determines the form and attributes of the local 
 ^^g^. governments; and hence in such states as Great 
 enmonts Britain, France, and Italy, the system of local 
 government is in large measure uniform in all parts of the 
 country. On the contrary, under a federal government 
 such as exists in the Unted States, regulation of local 
 government is left to the individual States, each of which 
 decides for itself what local areas and authorities shall exist 
 within its borders. ^ Hence diversity instead of uniformity 
 characterizes local government in this country, the systems 
 established by the various commonwealths agreeing on some 
 points, but differing on many others. 
 
 In every commonwealth local government is administered 
 through certain local agencies created by the State legisla- 
 ture, by which body they may be regulated, modi- 
 Bcteroiiocai fied, or even entirely destroyed.^ These local 
 govBmmen s jjyjgJQj^g ijave a dual character: they are (1) agen- 
 cies of the State government, which entrusts them with 
 the local administration of certain public or governmental 
 functions; and (2) they are also organs designed to satisfy 
 local needs and to regulate the internal affairs of particular 
 districts. 
 
 * In other words, "the American system is one of complete decentralization, the primary 
 and vital idea of which is, that local affairs shall be managed by local authorities, and gen- 
 eral affairs only by the central authority," — Cooley, Thomas M., Constitutional Limitationt, 
 p, 261. 
 
 ' But nearly all State constitutions contain important limitations upon the legislature's 
 power over local areas, as well as provisions designed to guarantee to the localities important 
 rights of local self-government. 
 
ORIGIN OF RURAL LOCAL GOVERNMENT 15 
 
 i6. Classification of Local Governments. Local govern- 
 ments may be classified into two groups : (1) rural govern- 
 ments, including the township and coimty (to- Rmaiana 
 gether with their various subdivisions — school "'"' 
 districts, election and road districts) ; and (2) urban govern- 
 ments, including villages and cities. 
 
 Of rural local governments there are three leading types 
 in the United States : (1) the town or township type in the 
 six New England States; (2) the county or county- ^ ^ 
 precinct type in the South, Southwest, and in the o* ""»i 
 Far West; (3) the mixed or compromise type in 
 the Middle, Central, and Northwestern States. These three 
 types are a survival or reproduction of the three forms 
 of local government which prevailed in colonial America; 
 and the variety of types springs from original differences 
 in the character and economic environment of the early 
 settlers. 
 
 17. Origin of Town Government. Town government is 
 
 New England's contribution to American local government. But 
 this form of government is much older than New Eng- 
 land, older even than the English nation itself, for it was ^ J^ 6>™»n 
 brought from northern Germany by those Teutonic 
 tribes from the union of which the English people has sprung.' 
 
 The old English town, like its prototype the German mark, was 
 surrounded by a hedge or fence (tun), and was originally inhabited 
 by men united by the ties of common speech and relig- The early 
 ion^ and real or assumed kinship. "Harling abode by Engllsb 
 Harling, and Billing by Billing; and each 'wick' or '"'"' 
 'ham' or 'stead' or 'tun' took its name from the kinsmen who 
 dwelt together in it. In this way the home or 'ham' of the Bil- 
 lings was Billingham, and the ' tun ' or township of the Harlings 
 was Harlington. " ^ Thus the early town was the home of a clan 
 which had given up a wandering mode of life and settled upon 
 a definite tract of land. 
 
 Common ownership and cultivation of the land was the striking 
 feature of the town's economic life. Each family had its dwelling 
 
 1 "If we read the admirable work of Tacitus upon the manners and customs of the Teu- 
 tons, we shall find that it was from them that the English derived their poKtical system." 
 — Montesquieu, Esprit dea Lois, book xi, ch. 6. 
 
 ' Green, John Richard, History cf the English People, book i, cb. 1. 
 
16 GOVERNMENT AND POLITICS 
 
 with a plat of ground, and ownership of this plat carried with it the 
 right to cultivate a certain portion of the communal 
 
 rtatofs" land, as well as the right of pasture in the undivided 
 land or waste. 
 The government of this community was thoroughly democratic. 
 
 In the tun-moot or town-meeting, all the freemen assembled to 
 enact by-laws,^ adjust disputes, and try petty offenses. 
 
 oovemmen ^^^^ ^j^^ ^^^ ^j^.^^ officers of the town, the gerefa or 
 
 head-man, the bydel or messenger, and the tithing-man were 
 elected; and the orders of the higher authorities relative to such 
 matters as taxation and the pursuit of criminals were carried out. 
 Further, the town was the unit of representation for the larger 
 areas of government. Certain villagers were sent to represent it 
 in the assemblies of the hundred and the shire, ^ thus laying the 
 foundation for the system of representative government which has 
 since become characteristic of English institutions. 
 
 i8. Historical Development of the English Town. Dur- 
 ing the Norman period the town was known as the manor. 
 Manor and was dependent upon some feudal lord. At a later 
 
 •ndparlsli period the manor was called the "parish." 
 
 The local legislature of the parish was the vestry-meeting, which 
 corresponds to the tun-moot of Saxon days. The vestry-meeting 
 elected the parish officers, and had power to levy local 
 eoTomment taxes and to enact by-laws. The chief officials of the 
 parish were the church-wardens, who served as over- 
 seers of the poor and also discharged financial functions; the con- 
 stable, who acted as an executive officer for the purpose of serving 
 warrants, making arrests, and collecting taxes; the vestry clerk, 
 who was the prototype of the New England town clerk; together 
 with numerous minor officials. In the execution of their duties, 
 parish officers were under the supervision of justices of the peace. 
 
 It was with the parish system of English local government as it 
 existed in the first part of the seventeenth century that the New 
 J., England colonists were familiar; but they preferred to 
 
 upon Now call their new communities by the older term " town," 
 England using the word "parish" to denote an ecclesiastical 
 area. Different conditions in the new world brought 
 about many modifications, but on the whole the development of 
 
 1 That 13, town-laws: from the Danish 63/, town. 
 
 ' The hundred was a local division which included a number of townships. The shire 
 (later called the county) was a still larger local area containing a number of hundreds. 
 
 ' Originally the parish was an ecclesiastical division for the collection of tithes; but its 
 boundaries ordinarily coincided with those of the town or manor, and from 1580 to 1640, 
 "town" and "parish" were used in England as convertible terms. 
 
ORIGIN OF RURAL LOCAL GOVERNMENT 17 
 
 American local government is a continuous process from English 
 institutions of the seventeenth century. 
 
 19. Origin of the County. The county, like the town, is an 
 English institution transplanted to American soil. The English 
 county or shire dates from the Anglo-Saxon invasion ot 
 
 Britain (a.d. 449-600), and in many cases denotes the from the 
 territory seized by one of the invading tribes. Thus Bngiisii 
 Essex, Middlesex, and Sussex are the districts origin- 
 ally occupied by the West Saxons, Middle Saxons, and South 
 Saxons; and Norfolk and Suffolk mark the lands held by the 
 "North folk" and "South folk," two tribes of the Angles. In 
 the course of time several shires combined to form kingdoms, as 
 Northumbria, Mercia, and Wessex; and finally the ruler of Wes- 
 sex became king of all England. The various shires then became 
 subordinate parts of the new kingdom, although retaining import- 
 ant powers of local government. In later times new shires were 
 created as convenient administrative districts. Each shire included 
 a number of hundreds and many townships. 
 
 The principal officers of the shire were two, the ealdorman and 
 the shire-reeve or sheriff. The ealdorman was appointed with the 
 king's sanction in the assembly of the nation {witen- 
 agemot). The office tended to become hereditary, and Qmj'jg 
 often the ealdorman was the descendant of the royal 
 family which had governed the shire in the days when it was an 
 independent kingdom. The ealdorman sat in the shire-moot to 
 declare the law of the land, and in time of war led the shire's 
 contingent of fighting men. The shire-reeve or sheriff was ap- 
 pointed by the king to enforce the law and collect the national 
 revenues within the shire. He was also president of the shire-moot. 
 
 Each shire had its general assembly, the shire-moot, which met 
 regularly twice a year. Its sessions were attended by representa- 
 tives of the townships, and by the great landowners 
 and public officers. The shire-moot was a court for the 5iiiie.nioot 
 trial of important cases; and it was also the agency 
 whereby, through the sheriff, the jurisdiction of the national gov- 
 ernment was enforced. Thus the shire, like its successor the county, 
 was both a self-governing local organism and an administrative 
 agent of the central authority. 
 
 20. Later Development of the English Shire. The great 
 merit of the government of Anglo-Saxon England was sapersedel 
 the vigor of the local institutions: its chief defect, the l>y tli» 
 weakness of the national authority. The institutional '"'™"*y 
 changes in the years following the Norman Cenquest consisted 
 
18 GOVEKNMENT AND POLITICS 
 
 chiefly in strengthening the national power at the expense of local 
 divisions. The shire became the county and its shire-moot the 
 county court. The sheriff with greatly increased powers remained 
 as the king's representative to execute the decrees of the court and 
 to look after financial aEPairs; but the ealdorman was supplanted 
 by the lord lieutenant, the king's military representative in the 
 county, in charge of its militia. 
 
 21. Establishment of Towns in New England. For a 
 number of reasons the New England colonists settled in 
 Oondiuons ^mall commmiities known as towns, instead of 
 tavoiing scattering over larger areas. (1) The first New 
 
 England colonists were Puritans in religion, and the 
 early settlements were made by church congregations, each 
 headed by its minister. Such a group of people would natur- 
 ally wish to have their houses near together so that all might 
 worship at the common church. (2) The economic condi- 
 tions also favored the development of towns. The New Eng- 
 land coast is indented by many bays and harbors : the rivers 
 are generally rapid and unfit for navigation : the sterile soil is 
 not adapted to the cultivation of large estates. Hence many 
 of the people settled on small farms, raising little more pro- 
 duce than they themselves needed; while others engaged in 
 commerce and fisheries, which likewise tended to close settle- 
 ment. (3) Then, too, the Indian tribes were hostile, and it 
 was easier to defend a compact community against sudden 
 attack than a widely scattered population. (4) Finally, the 
 influence of custom and tradition must not be overlooked. 
 Many of the settlers were themselves townsfolk; they were 
 influenced by the Teutonic traditions of local government 
 later modified by English practice; and hence on meeting 
 in this country the primitive conditions that existed in the 
 early Teutonic environment, they estabhshed local com- 
 munities remarkably like the ancient German mark. 
 
 22. Characteristics of Early New England Towns. The 
 Eoonomio New England town was usually located near the 
 leatmos seacoast or on the banks of a river, and was sur- 
 rounded by a stockade which served as a defense against the 
 
ORIGIN OF RURAL LOCAL GOVERNMENT IS 
 
 Indians. The term "town" was applied not only to the 
 group of dwellings within the stockade, but included also 
 the outlying rural area which was gradually brought under 
 cultivation as the Indians were pressed back. As in the 
 German mark, ownership of a "house-lot" carried with it 
 the right to cultivate certain outlying fields, and to pasture 
 cattle in the undivided land.^ Each town had its own 
 church, and its blockhouse for defense against hostile at- 
 tack. 
 
 The government was a pure democracy, the residents 
 coming together in town-meeting for the regulation of local 
 affairs and election of ofiBcials. The governmental Town 
 fimctions of the town included maintenance of eovenment 
 highways, care of the poor, support of public schools, assess- 
 ment and collection of taxes, organization of a local militia, 
 election of a representative to the colonial assembly, and even 
 the regulation in minute detail of the private conduct and 
 affairs of the inhabitants. 
 
 Such a community was in fact a miniature commonwealth 
 exercising sovereignty over the persons and property within 
 its Hmits. As the colonial governments were es- Relation to 
 tablished, they claimed and exercised authority colonial 
 over the towns, but the latter retained an almost 
 complete control over local affairs.^ Counties were created 
 chiefly as convenient judicial districts; and although they 
 afterwards acquired other functions. New England counties 
 have always occupied a distinctly subordinate position in 
 local government as compared with the towns. 
 
 23. Rise of the Southern County. Economic and social 
 conditions in the Southern colonies were in marked contrast 
 with those existing in New England, and hence institutional 
 
 1 "Vestiges of the old Germanic system of common fields are to be found in almost every 
 ancient town in New England." — Adams, Herbert, The Gemumic Origin qf New England 
 Townt, Johns Hopkins University Studies, I, p. 73. 
 
 a "In most of the New England colonies some of the towns were older than the central 
 government; and in Connecticut and Rhode Island the latter was considered more as a feder- 
 ation of towns than as a superior sovereign authority." — Fairlie, John A., Local Govern- 
 ment in Couniiea, Towns, and ViUageSt p. 21. 
 
20 GOVERNMENT AND POLITICS 
 
 development was naturally along different lines. (1) The 
 
 _ . , . Southern colonists were not Puritans, but Episco- 
 Soolal and 
 
 economic palians : they did not come to America in groups of 
 families from the same neighborhood, but as a mul- 
 titude of individuals from various classes of society. (2) The 
 Indian tribes at the South were comparatively peaceable, so 
 that it was not necessary for the settlements to be close to- 
 gether for mutual defense. (3) Finally, the economic con- 
 ditions were such as to favor the scattering of population 
 over a wide area. The soil was very fertile, the rivers slow 
 and navigable, forming harbors far in the interior where 
 English ships could exchange their cargoes of manufactured 
 goods for American tobacco. The warm climate was favor- 
 able to African labor; and the system of slavery once intro- 
 duced spread rapidly. Large plantations were the rule, and 
 a modified form of feudalism was created, authority being 
 vested in the great landowners. The natural result of slavery 
 was to degrade manual labor, thereby preventing the rise of 
 a prosperous middle class; and an insurmountable social dis- 
 tinction separated the plantation owners from the landless 
 settlers. Thus an aristocratic type of society was devel- 
 oped at the South as naturally as a democratic type in 
 New England. 
 
 24. Govermnent of the Southern County. As the houses 
 of the planters were miles apart, it was necessary that the 
 OonntT local governmental divisions should include a 
 court and considerable area; and hence county governments 
 modeled after the English county were created. 
 General administration of local affairs was entrusted to a 
 county court, commonly composed of eight justices. Be- 
 sides exercising judicial powers, these officials supervised the 
 local affairs of the county. Other officers were the sheriff, 
 coroner, and county lieutenant, entrusted with duties simi- 
 lar to those of the corresponding county officers in England. 
 Nominally the governor appointed the justices and other 
 principal officers; but in practice the justices themselves 
 
ORIGIN OF RURAL LOCAL GOVERNMENT 21 
 
 nominated candidates, who were then commissioned by the 
 governor. Thus the county court became a close corpora- 
 tion or self-perpetuating body composed of the leading 
 gentry of the county. 
 
 25. The Southern Parish. The EngHsh parish was repro- 
 duced in the Southern colonies imder the same name, but 
 being overshadowed by the county, its functions subominate 
 were of sUght importance. To the parish vestry i""^"'"' 
 was entrusted the assessment of local rates, appointment 
 of church-wardens, and care of the poor. The vestrymen 
 were at first elected by the people of the parish; but later 
 they obtained the power to fill vacancies in their number, 
 and like the county courts became self-perpetuating bodies. 
 Ultimately the parishes became purely ecclesiastical divi- 
 sions, the counties remaining the all-important units of 
 local administration. 
 
 26. Contrast between New England and Southern Sys- 
 tems. Thus in several respects, the local government of the 
 Southern colonies presents a striking contrast to „ 
 
 that of New England. First, it was less demo- important 
 cratic. In New England the people in town- 
 meeting managed local affairs and chose their local officials; 
 while at the South the governing authority was vested in 
 the leading planters of each county, who through the gov- 
 ernor dictated the appointment of county officers. Second, 
 the Southern county was the unit for local administration as 
 well as for representation in the colonial assemblies; while 
 in New England the town was the unit for both piu^joses. 
 But the Southern counties were not such important organs 
 of local government as the towns. The New England State 
 has been called a combination of towns; but the Southern 
 State was a political whole whose local divisions possessed 
 little independent life, having been created chiefly for conven- 
 ience in judicial and financial administration. 
 
 27. Township-Coimty System of the Middle Colonies. 
 In the Middle Colonies * economic conditions were favorable 
 
 ' New York, New Jersey, Pennsylvania, Delaware, and Maryland. 
 
82 GOVERNMENT AND POLITICS 
 
 to either the town or the county system of local govem- 
 Aoompro- ment. This region has a rich soil and also fine 
 miae type seaports which invited to commerce. Hence flour- 
 ishing towns arose with interests quite different from those 
 of the surroimding rural population. Gradually there de- 
 veloped a mixed or compromise type of local government 
 known as the township-county system, which aims at a par- 
 tition of powers between the town and the county. Thus in 
 political organization, as in geographical position, the Middle 
 Colonies were midway between the town system of New 
 England and the county system of the South. Local govern- 
 ment in the Middle Colonies is especially important because 
 of the profound influence which its township-county system 
 was destined to exert upon the local institutions of the 
 Central and Northwestern States. 
 
 GENERAL REFERENCES 
 
 Adams, Herbert B., The Germanic Origin of New England Towns, Johns 
 
 Hopkins University Studies (1883), i, no. 2. 
 Bryce, James, The American Commonwealth (1908), i, ch. XLViii. 
 Channing, Edward, Town and County Government in the English Colonies of 
 
 North America, Johns Hopkins University Studies (1884), n, no. 10. 
 Cleveland, F. A., The Growth of Derru)cracy in the United States (1898), ch. 
 
 m. 
 Fairlie, John A., Local Government in Counties, Tovms, and Villages (1906), 
 
 chs. i-ni. 
 Fiske, John, Civil Government in the United States (1904), chs. ii-ni. 
 Goodnow, F. J., Comparative Administrative Law (1903), i, pp. 162-177. 
 Green, John R., History of the English People (1900), i, book i, ch. i. 
 Hart, A. B., American History told by Contemporaries (1906), n, ch. xi, nos. 
 
 75-79. 
 
 Practical Essays on American Government (1893), nos. 6, 7. 
 
 Howard, G. E., An Introduction to the Local Constitutional History of the 
 
 United States (1889). 
 Montague, F. A., The Elements of English Constitutional History (1894), 
 
 chs. i-rv. 
 Thwaites, R. G., The Colonies (1895), pp. 65-58, 192-193. 
 Tocqueville, Alexis de. Democracy in America (1898), i, ch. 5. 
 Wilson, Woodrow, The State (1906), sees. 287, 938-951, 1033-1049. 
 
ORIGIN OF RURAL LOCAL GOVERNMENT 23 
 
 QUESTIONS AND EXERCISES 
 
 1. Summarize the advantages and disadvantages of a decentralized sys- 
 tem of local government. (Section 15.) 
 
 2. Illustrate the dual character of local governments: (a) by giving ex- 
 amples of public or governmental services which they perform; (b) by 
 citing examples of local afiEairs entrusted to their control. 
 
 5. Which of the three systems of local government named in Section 16 
 prevails in your State? 
 
 4. Draw an outline map of your State, and mark with different colors the 
 bovmdaries of the county in which you Uve, and also the boundaries 
 of the townships (or towns) within your county. 
 
 6. Write a brief history of the coimty in which you live. 
 
 6. Give the area and population of your county. 
 
 7. How many counties are there in your State? Name the five counties 
 having the largest population at the latest census. Name the five 
 counties having the largest area. 
 
 8. What is the county seat of your covmty? Is it centrally located? Is it 
 the largest city in the county? 
 
 9. Visit your courthouse and other county buildings, note the uses to 
 which they are put, and prepare a class report upon any facts thus 
 learned. 
 
 10. Show the antiquity of some feattures of town government in New 
 England. 
 
 11. Look up the meaning of ham, wich, and stead. Think of towns whose 
 names contain these words; also of towns whose names contain the word 
 ton or tun. 
 
 VI. Write a brief history of the town (or township) in which you live. 
 18. What is the area of your town or township? Its population? 
 
CHAPTER III 
 
 STRUCTURE AND FUNCTIONS OF RURAL LOCAL GOVERNMENT 
 
 28. General Features of New England Towns. In exam- 
 ining the present structure of rural local governments, we 
 shall commence with the New England town,' which is the 
 all-important local unit in the six New England States. The 
 town, it must be remembered, is a rural, not an urban com- 
 munity.^ New England towns are generally irregular in 
 form, with an area of from twenty to forty square miles. 
 The population averages under 3000. The town is some- 
 times an agricultural, sometimes a manufacturing commun- 
 ity; and not infrequently both industries are carried on, 
 this diversity in industrial life often causing discord in town 
 politics. Communal property rights — the striking feature 
 of the early town's economic life — have been abandoned 
 as unsuited to modern economic conditions; but the chief 
 political characteristic of the ancient town — local self- 
 government through a popular assembly — has been re- 
 tained. 
 
 29. Important Elements in Town Government. The two 
 most important elements in town government are the town- 
 Ttetown- meeting and the board of selectmen. The town- 
 meeting meeting is an assembly of the quaUfied voters 
 held regularly once a year, usually in the spring.' Special 
 meetings are called from time to time as occasion de- 
 mands. The meeting is summoned by a warrant notifying 
 the voters to meet at a certain time and place to transact 
 
 1 Usually caUed township outside of New England. 
 
 ' But many towns are at least semi-urban, and others which may be classed as urban 
 (with a population exceeding 8000) have retained their early form of town government in- 
 stead of incorporating as villages or cities. 
 
 ' Except in Connecticut, where the annual meeting generally cornea in October. 
 
FUNCTIONS OF RURAL LOCAL GOVERNMENT 86 
 
 the business specified in the warrant. Meetings are held in 
 the town hall if there is one, otherwise in some church or 
 schoolhouse. A moderator presides, and the town clerk acts 
 as secretary. 
 
 The most important functions possessed by this body are 
 (1) that of local legislation, and (2) of electing the town 
 officials. As a legislative body the town-meeting 
 has power to enact by-laws regulating local affairs, 
 including local finance, schools, poor relief, highways, pub- 
 lic works and institutions, poHce, and sanitation. At each 
 annual meeting, the town officers report in detail as to their 
 administration of the town's affairs, and submit estimates 
 of the funds needed for the ensuing year. The town-meet- 
 ing then discusses the report,' determines town policies for 
 the following year, votes taxes for local purposes, and elects 
 the town officers.^ 
 
 Of the town officers, the most important are the select- 
 men,' an executive board of from three to nine members, 
 generally chosen for a term of one year. This Town 
 board is charged with the general supervision of "**'•'"'' 
 town affairs imder authority conferred by statute or by the 
 town-meeting. Other officers are the clerk, who keeps the 
 town records, issues marriage Hcenses, and registers vital 
 statistics; the treasurer, collector of taxes, assessors, con- 
 stables, school committee, highway officers, overseers of 
 the poor, library and cemetery trustees, and many others. 
 
 In addition to their local duties, town officers act as 
 agents of the State government for the assessment and col- 
 lection of State taxes, enforcement of election and health 
 laws, and other important services. 
 
 30. The New England County. In its origin the New 
 England coimty was an aggregation of towns for judicial 
 purposes; and although it has since acquired other func- 
 
 1 l^e most characteristic feature of the town-meeting is the lively and interesting debate, 
 which affords a valuable political training. 
 
 3 Formerly representatives to the State legislature were chosen in town-meeting, but now 
 they are generally chosen from districts at the regular State election. 
 
 * In Rhade Island known as the town council. 
 
26 GOVERNMENT AND POLITICS 
 
 tions, it is still primarily a judicial district ia which civil and 
 criminal courts are held, some by county, others by State 
 judges. "^ Of late years the county has gained ground as an 
 administrative unit, although still occupying a subordinate 
 position in local government. 
 
 In each county the people elect a sheriff, who is the 
 principal executive officer attached to the court; also a 
 County prosecuting attorney, clerk, treasurer, and a board 
 ofiioeis Qf county commissioners, generally consisting of 
 three members elected at large. ^ The commissioners have 
 charge of the county buildings (such as courthouses, jails, 
 and in some States, poorhouses). They estimate the amount 
 of taxes needed to defray county expenses, and apportion this 
 amount among the various towns and cities by which it is 
 levied.' Only in this last respect does the county exercise 
 control over the towns. 
 
 31. The Southern County. The Southern county was 
 originally established as a judicial division in which courts 
 were held, and as a financial district for the collection of 
 State taxes. Other functions have been gradually acquired 
 until to-day the Southern county has general charge of most 
 local affairs, including schools, the maintenance of jails 
 and poorhouses, and the construction and repair of bridges 
 and highways. 
 
 General administrative authority over county affairs is 
 vested either in a county court or in a small board of com- 
 Connty missioners, members of which are chosen by the 
 officers voters. Other county officers are the assessor, col- 
 lector, auditor, treasurer, superintendent of education, over- 
 seers of roads, superintendent of the poor, clerk, recorder, 
 surrogate; also county judges, a sheriff, coroner, and pro- 
 secuting attorney (the last-named officer sometimes acting 
 for a judicial district including several counties). All of 
 
 1 In Rhode Island there are no county officers other than judicial. 
 ' In Connecticut the commissioners are chosen by the State legislature. 
 ^ In New Hampshire and Connecticut the commissioners do not exercise the power ol 
 taxation or of making appropriations. 
 
FUNCTIONS OF EURAL LOCAL GOVERNMENT 27 
 
 these officers are elected by popular vote, for tenns varying 
 from one to four years. 
 
 32. Minor Local Divisions in the South. Practically all 
 the functions of local government are monopolized by the 
 Southern coimty.^ The smaller local divisions have very 
 Hmited powers, and their officers are generally controlled by 
 county authorities. Townships were estabHshed in Virginia, 
 West Virginia, North Carolina, and Alabama by the recon- 
 struction legislation following the Civil War; but they were 
 soon afterwards entirely abolished, or reduced to precincts 
 for the election of constables and justices of the peace. 
 School districts exist in all of the Southern States, but pos- 
 sess slight powers of local taxation or administration. 
 
 33. Township-County System of Local Government. 
 The westward movement of population in this country has 
 been generally along parallels of latitude. Thus westward 
 the Southwest has been peopled largely by set- "''p**'''" 
 tiers from the Southern States, who carried with them the 
 coimty system of local government; while men from New 
 England and the Middle States emigrated to the Middle 
 West and Northwest, and established there the township- 
 county system of local government, also called the mixed or 
 compromise system because it is a compromise between the 
 local institutions of New England and those of the Middle 
 States. 
 
 Under this plan the functions of local government are 
 divided between county and township, both tmits cooperat- 
 ing in the work of administration. The county compromise 
 
 is relatively less important than at the South, the Plan of looai 
 , . , . , • -KT T-i 1 1 government 
 
 township less important than m New lirngland. 
 
 This form of local government prevails throughout the great 
 
 group of States extending from New York to Nebraska, 
 
 which together contain more than half the entire population 
 
 of the country. The township-county system is therefore 
 
 the most representative type of local government in the 
 
 United States. 
 
 I In Louiaiana the division corresponding to the county is called a parish. 
 
28 GOVERNMENT AND POLITICS 
 
 34. Origin of the Township in the West. Township govern- 
 ment in the Middle West dates from the Ordinance of 1785,' pro- 
 Land or41n- viding for the survey and sale of the lands ceded to the 
 anoe ol federal government by the several States and by certain 
 ^'*^ Indian tribes. In accordance with the plan of survey 
 adopted, the public domain was divided into tracts six miles square, 
 which were designated by the New England name of townships. 
 For purposes of record and sale, each township was divided into 
 thirty-six sections, each containing one square mile or 640 acres, 
 the sections being subdivided into tracts of 160, 80, and 40 acres. 
 
 Judged by its economic results, the Ordinance of 1785 is one of 
 the most important administrative measures ever adopted. Its 
 Economic simple and accurate method of survey was of the great- 
 lesnlts est convenience to settlers and facilitated the rapid 
 
 peopling of the new territory. The western pioneer could read- 
 ily and accurately locate his claim or homestead without requiring 
 the services of a surveyor. Furthermore the land was sold at a 
 nominal price to settlers who perfected their titles by residing on 
 and cultivating their homesteads. 
 
 35. Development of the Congressional Township. Of al- 
 most equal importance were the political effects of the ordinance. 
 A municipal The government surveyor had given the name and 
 body In defined the territorial limits of an area destined to be- 
 embTTo come a political unit. "Manifestly the 'congressional' 
 township, though as such absolutely devoid of organization, is 
 nevertheless a municipal body in embryo requiring but slight 
 encouragement to develop into a living body." ' 
 
 That encouragement was furnished by another provision of the 
 ordinance. The germ of future civil organization was the require- 
 Lani for ment that in every township one section of land should 
 public be set aside for the support of public schools. This 
 
 '° °° * was the sixteenth section, near the center of the town- 
 
 ship; and by a later act (1848), the thirty-sixth section in the south- 
 east corner was also reserved. All revenue derived from this land 
 by sale or otherwise was to constitute an inalienable fund for school 
 purposes. 
 
 When a new State was formed out of this western territory, the 
 county plan of local government was first adopted, since that form 
 is cheaper and better suited to a scattered population. But since 
 in each township land had been reserved for the public schools, it 
 naturally followed that the township was made a body corporate 
 
 * In 1784 Congress adopted an ordinance drafted by Jefferson, providing a temporary 
 plan of government for the western territory. 
 
 > Howard, G. E., Local Comtitutional Hiitory of the United Siatei, p. 140. 
 
(^^i! 
 
 ROAD-MAKING 
 
 Two views of the same road at Johnson City, Tenn., showing its condition before 
 and after macadamizing. 
 
FUNCTIONS OF RURAL LOCAL GOVERNMENT 89 
 
 and politic for school purposes, its inhabitants being authorized 
 to elect school officers and maintain free schools. Since the school- 
 house in the center of the township affords a convenient place for 
 the citizens to vote for State and national officers, the congres- 
 sional township, already organized for school purposes, next be- 
 comes an election district. Then as the population in- Dovelop- 
 creases and the volume of public business grows larger, ment of clvlL 
 the need is felt for a governmental area smaller than the *''''"'s''ll' 
 county to look after such matters as the preservation of order, the 
 building of highways, and the care of the poor; and so to the town- 
 ship is entrusted the election of constables, justices of the peace, 
 superintendents of highways, and overseers of the poor. "In this 
 way a vigorous township government tends to grow up about the 
 schoolhouse as a nucleus, somewhat as in early New England it 
 grew up about the church." ' 
 
 36. Differentiated Types of Township-County System. 
 Two forms of this township-county government have developed, the 
 difference in type being partly due to diversity in the Origin of 
 original population. In the southern tier of the Central *'^'' *^^' 
 States, where the early settlers were largely from the Middle 
 States and the South, the importance of the county has been 
 emphasized; while in the northern tier, where New Englanders 
 formed a larger element among the early inhabitants, the position 
 of the township is more important. These two forms of the com- 
 promise plan of local government are sometimes called the county- 
 precinct type and the township-county type, the former empha- 
 sizing the position of the county, the latter that of the township. 
 
 The ffi-st of these types, in which the county is relatively more 
 important, arose in Pennsylvania, and has since been adopted with 
 modifications in Ohio, Indiana, Iowa, Kansas, and Mis- Oounty-pro- 
 souri. In these States there is no town-meeting nor are '^^'^^ *yi'" 
 the townships represented on the county board. In general the 
 position of the township is one of strict subordination to county 
 authority. 
 
 The second type, where the township is more conspicuous, pre- 
 vails in New York, New Jersey, Michigan, Illinois,^ Wisconsin, 
 Nebraska, Minnesota, and the Dakotas. In all these Township- 
 States the town-meeting exists, while five of them — comity type 
 New York, New Jersey, Michigan, Illinois, and Wisconsin — fol- 
 low the so-called New York plan whereby the townships are re- 
 presented on the county board. 
 
 ^ Fiske, John, Civil OovsmmeTii in the United Siaiet, p. 87. 
 
 ' Except in seventeen countiea in the southern part of the State, which have bo township 
 organization. 
 
80 GOVERNMENT AND POLITICS 
 
 37. The Town-Meeting in the Central States. In the 
 second group of States named above (where the township 
 ^jm^^ has been more highly developed as a local organ- 
 and special ism), the towQ-meeting is the center of local poht- 
 
 ical Ufe, although its authority is less than in New 
 England. In this meeting all quahfied voters of the township 
 are entitled to participate. The annual session is generally 
 held in March or April, special meetings being called by war- 
 rant as occasion requires. The meeting organizes by electing 
 a moderator,^ the town clerk generally acting as secretary. 
 
 At the annual meeting, the next business after organiza- 
 tion is the election of township officers for the ensuing year. 
 EieoUonoi '^^^ officers are chosen by ballot, and generally 
 townsUp consist of a supervisor, clerk, treasurer, assessor, 
 and overseers of highways, all elected for one year; 
 and two or more constables and justices of the peace, elected 
 for terms varying from two to five years. 
 
 Besides its power to elect local officers, the town-meeting 
 has important legislative powers. Numerous matters that 
 LegisiatiTe are local in character, affecting only the township, 
 powers g^j,g subject to the control of the people in town- 
 
 meeting. They may make orders concerning the disposition 
 of township property; authorize taxes for roads, bridges, 
 schools, or other lawful purposes; vote to institute or defend 
 suits at law; receive the annual report of township officers 
 charged with the disbursement of money, and direct these 
 officers in the performance of their duties; and generally 
 may enact such by-laws as are deemed conducive to the 
 peace, welfare, and good order of the township. 
 
 38. The Supervisor and the Township Board. In New 
 England general executive authority concerning township 
 General ad- ^^^i^'s i^ lodged in the selectmen. In a number of 
 ministrative the Central States similar authority is vested in a 
 
 township board; ^ while in others a double head- 
 
 ^ In New York, Michigan, and Wiacoaain, one of the township officers is ex q^cio chair- 
 man. 
 ' As in Pennsylvania, Ohio, Iowa, Minnesota, and the Dakotas. 
 
FUNCTIONS OF RURAL LOCAL GOVERNMENT 31 
 
 ship exists, administrative authority being divided between 
 the township board and a supervisor or trustee.^ 
 
 The supervisor or trustee has general charge of the town- 
 ship business. He receives and pays out all funds belonging 
 to the township, makes an annual report upon township 
 financial affairs to the town-meeting, serves in some supervisor 
 States as ex officio overseer of the poor, and has 
 other clerical and executive duties.^ 
 
 The township board is variously constituted in the dififer- 
 ent States.' The powers of this board vary greatly, but its 
 primary duty is to audit the accoimts of the town- ^j^^ 
 ship oflScers, and pass upon all claims against the township 
 township. Other important duties are often per- 
 formed, especially in the States in which there is no single 
 head officer of the township. 
 
 39. Other Township Officers. The clerk is custodian of the 
 township's records, books, and papers, besides acting as secretary 
 of the town-meeting, and as clerk of the township board, ni™]. 
 The treasurer has charge of the township funds, and treasurer, 
 frequently is also ex officio collector of taxes for State "^^ 
 and county as well as township purposes. Usually 
 all taxes. State as well as local, are assessed by the township 
 assessor; and this officer is also required in some commonwealths 
 to take an annual census of the inhabitants of his district, and 
 to keep a record of births and deaths. All these officers are 
 elected by the voters of the township. 
 
 Poor relief is for the most part a county function in the Central 
 States, although the townships commonly cooperate in 
 the work.* Generally the township trustees act ex officio ^j jjjg -j^j 
 as overseers, their duties being mainly confined to 
 granting temporary reUef or deciding what persons are entitled 
 to admission to the county almshouse. 
 
 1 This plan prevails in New York, Missouri, Kansas, Wisconsin, Michigan, Dlinois, and 
 Nebraska. 
 
 ' In those commonwealths which have adopted the New York plan whereby the town- 
 shipfl are represented on the county board, he is a member of that board and hence also 
 a county officer. 
 
 ' In New York, Michigan, Illinois, and Nebraska, it consists of the supervisor, clerk, and 
 the justices of the peace; in Pennsylvania, of two or more supervisors; in Ohio and Iowa, of 
 three trustees; in Minnesota, Wisconsin, and the Dakotas, of three supervisors; in Indiana, 
 of three freeholders specially elected for this purpose. 
 
 * In Pennsylvania, New York, and New Jersey, overseers of the poor are elected in the 
 townships and have important duties. 
 
32 GOVERNMENT AND POLITICS 
 
 Overseers of the highways are generally elected or appointed 
 
 from subdivisions of the county known as road dis- 
 
 lilghways ° tricts. These oflBcers are charged with the maintenance 
 
 of the highways, and are accountable to the township 
 
 or county board. ^ 
 
 Each township elects from two to five justices of the peace, 
 Justices ol ^^'^ usually two constables. The justice is both a con- 
 tlie peace servator of the peace and a magistrate with limited 
 ^bi""" '^'^^ ^"^"^ criminal jurisdiction. The constable is the 
 local peace officer, and the ministerial officer of the 
 justices' court. 
 
 40. The School District. School districts in the Central States 
 are local corporations distinct from the township; but they gener- 
 ally correspond in area with the township or else are subdivisions 
 thereof. In about half of the Central States, the voters in each 
 school district hold meetings, similar to the New England town- 
 meetings, for the purpose of electing school officers and levying taxes 
 for school purposes. The officers or trustees in charge of district 
 schools are generally three in number, elected for terms varying 
 from one to four years. Where there are no school-meetings of the 
 voters, these officers have full control; while in States having such 
 meetings, the trustees carry out the policies adopted and manage 
 the details of school affairs. 
 
 41. Organization of County Board in the Central States. 
 After Ohio was admitted to the Union (1803), her county 
 Oommis- officers were made elective; and to the officials 
 Bioner formerly appointed ^ were added a surveyor, 
 
 irstem ... J ' 
 
 auditor, prosecutmg attorney, assessor, and a 
 board of three elective commissioners. In this board was 
 vested the general administrative authority formerly exer- 
 cised by the justices in quarter sessions. Upon attaining 
 statehood, Indiana and Ilhnois adopted a similar type 
 of county government with elective officers and a board of 
 commissioners. 
 
 In Michigan a different type of county government de- 
 veloped. In 1827 the small board of county commissioners 
 
 In Michigan, Indiana, and Illinois, a commissioner of highways is chosen for the gen- 
 eral supervision of the roads and bridges of the township, and the district overseers ara 
 accountable to him. 
 
 ' These were the sheriff, coroner, treasurer, recorder of deeds, judges of probate luid oi 
 common pleas court, and justices of the peace. 
 
FUNCTIONS OF RURAL LOCAL GOVERNMENT 33 
 
 was abolished, and the New York system adopted, in a& 
 cordance with which the county board is com- superriBor 
 posed of the township supervisors.' system 
 
 The constitution of the coimty board largely determines 
 the character of county government, and we have now 
 traced the origin in the Middle West of the two oompaiiaon 
 general types of county organization. One group "' tii» two 
 of States, following the example of Pennsylvania 
 and Ohio, have organized the county upon the commis- 
 sioner plan, 2 under which the supervising authority is cen- 
 tralized in a small board of from three to seven members; 
 another and smaller group, following New York and Mich- 
 igan, have adopted the supervisor system,' whereby similar 
 powers are vested in a larger assembly of township repre- 
 sentatives.* 
 
 42. Functions of the County Board. The authority of 
 the county board varies, being greatest in those common- 
 wealths having the Pennsylvania plan, and least in those 
 where the New York system prevails. But in all the Central 
 States it possesses considerable powers. The most important 
 may be grouped under five heads. 
 
 (1) The erection and maintenance of public works, such as the 
 courthouse, jail, and other county buildings, the construction of 
 bridges, and some control over highways. 
 
 (2) Poor relief, including the issuing of warrants for expenses 
 incurred by local overseers, employment of a county physician and 
 a superintendent of the poor, and maintenance of a poor-farm. 
 
 (3) The administration of finance and taxation, including the 
 audit of accounts of county officers, levy of county taxes,° and 
 equalization of township assessments. 
 
 (4) A limited degree of supervision over elective county officers, 
 
 * Michigan was the first State west of the Alleghanies to adopt the New York plan, 
 
 * The commissioner plan prevails in Pennsylvania, Ohio, Delaware, Maryland, Indiana, 
 Iowa, Minnesota, North Dakota, South Dakota, Kansas, and Nebraska. 
 
 ^ The supervisor plan prevails in New York, New Jersey, Michigan, Wisconsin, and 
 throughout the greater part of Illinois. 
 
 * In rural counties, boards of supervisors usually consist of from fifteen to twenty-five mem- 
 bers; in counties containing cities the number is higher, sometimes reaching fifty. 
 
 '' The taxing power is usually limited to authorized purposes and restricted by a maximum 
 rate. The principal items of county expenditure are for courts, roads and bridges, and pool 
 rslief. 
 
34 GOVERNMENT AND POLITICS 
 
 such as approval of their bonds and examination of their ac- 
 counts. 
 
 (5) Certain duties in regard to elections, including the establish- 
 ment of polling-places, issuing of ballots, and canvass of election 
 returns. 
 
 43. The County's Judicial Officers. In many States, each 
 county elects a judge, often called a probate judge, who has 
 Oonnty and original and exclusive jurisdiction in matters of 
 obosm" probate, administration, and guardianship. Fre- 
 Indges quently the voters of the county elect judges 
 for a court of general jurisdiction; but generally judges of 
 these courts are chosen from districts which include several 
 counties. 
 
 The chief executive officer of the coimty court is the 
 sheriff, who is also the general conservator of law and order 
 ■Pile within the county. In case of need, the sheriff has 
 
 siieiUf ^jjg rigjit to call upon citizens to aid him in enforc- 
 
 ing the law (that is, may summon the posse comitatus) ; or 
 if the emergency warrants, he may ask the governor to send 
 the State militia to the county. The sheriff is chosen by the 
 voters,'^ commonly for a term of two years. 
 
 The prosecuting attorney ^ is the officer elected to conduct 
 criminal prosecutions, also to represent the coimty in civil 
 Prosecuting ^^^^> ^''^^ ^^ general to act as its legal adviser, 
 attorney and Another elective official is the coroner,' who with 
 the aid of a jury investigates the cause of mysteri- 
 ous or violent deaths. 
 
 44. Financial and other County Officers. The treasmer is 
 custodian of the county funds, and generally ex officio col- 
 lector of county and State taxes. The money thus 
 collected is placed in different funds, as the general 
 
 fund, school fund, and so forth. The treasurer is commonly 
 elected by the voters. Two years is the usual term, and the 
 State constitution frequently provides that no person shall 
 serve for more than four years in succession. 
 
 ^ Except in Rhode Island, where this officer is chosen annually by the general assembly. 
 2 Also known as State's attorney, district attorney, county attorney or solicitor. 
 ^ In Massachusetts an appointive officer, the medical examiner. 
 
FUNCTIONS OF BUBAL LOCAL GOVEENMENT 85 
 
 The most important administrative officer is the county 
 clerk, or auditor as he is known in some States. He is secre- 
 tary of the county board and custodian of all re- ooanty 
 
 cords; and he acts as a check upon the county «i»rii 
 
 1 • , r 11 • , 1 or auditor 
 
 treasurer, keepmg an account of all receipts and 
 
 expenditures, and countersigning warrants drawn upon the 
 
 treasiu-er. In several commonwealths he also acts as clerk 
 
 of the courts, while elsewhere a special officer is chosen for 
 
 this duty. 
 
 Taxes are generally assessed by precinct or township 
 
 officers and equalized by some county authority; but a 
 
 county assessor is elected in a number of States.^ ^^^^ 
 
 Other coimty officers are the recorder or register ooanty 
 
 ofUcors 
 of deeds; the clerk of the district or circuit court; 
 
 the county land surveyor; coimty boards of health; and (in 
 
 some States) a coimty superintendent of schools, who is 
 
 entrusted with the general oversight of the coimty school 
 
 system. 
 
 45. Local Government in the Western States. In the 
 States of the Far West as in the South, the coimty is the all- 
 important unit of local government. Western ^j^^ 
 county officers correspond in general to those of Western 
 the Central States. The county boards usually 
 consist of three commissioners, who have general admin- 
 istrative authority, including power to establish school and 
 road districts. 
 
 Within the county's subdivisions — generally called pre- 
 2incts, one or more justices of the peace and constables are 
 chosen by the voters. Owing to the sparse and Minor 
 scattered population throughout most of this re- "®*^ 
 gion, these areas perform few functions as compared with 
 the townships of the Central States. 
 
 • Including Missouri, Washington, California, Oregon, Nevada, Colorado, Wyoming, and 
 the Dakotas. 
 
36 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1902), ch. xx. 
 Beard, C. A., American Government and Politics (1910), ch. xxix. 
 
 Readings in American Government and Politics (1910), ch. xxix. 
 
 Bryce, James, The American Commonwealth (1908), i, chs. xlviii-xlix. 
 Cooley, Thomas M., Constitutional Limitations (7th ed., 1903), ch. viii. 
 FairUe, John A., Local Government in Counties, Tovms, and Villages (1906), 
 
 chs. rv-xvi. 
 Fiske, John, Civil Government in the United States (1904), ch. iv. 
 Forman, S. E., Advanced Civics (1905), chs. xxvi-xxviii. 
 Goodnow, F. J., Comparative Administrative Law (1903), pp. 178-192. 
 Hart, A. B., Actual Government (1903), ch. x. 
 Hinsdale, B. A., The American Government (1900), ch. LV. 
 Howard, G. E., An Introduction to the Local Constitutional History of the 
 
 United States (1889). 
 Monographs on Local Government — Johns Hopkins University Studies, 
 
 Series i, nos. 3, 5, 6, 12 (Illinois, Michigan, Maryland, South Carolina); 
 
 II, no. 7 (Iowa) ; in, nos. 2-3 (Virginia) ; iv, nos. 2-3 (Rhode Island) ; 
 
 VIII, no. 3 (Wisconsin) ; xi, nos. 11-12 (South Carolina) ; xii, no. 3 (North 
 
 Carolina). 
 Wilson, Woodrow, The State (1906), sees. 1209-1259. 
 
 QUESTIONS AND EXERCISES 
 
 (Questions 1-8 are for pupils living in New England.) 
 
 1. How many towns in your State? What is the population of the larg- 
 est? Of the smallest? 
 
 2. Does town government in New England tend to decrease in import- 
 ance? 
 
 3. How many representatives has your town in the legislature? Has this 
 apportionment been made in accordance with the population of the 
 town? 
 
 4. Prepare an account of your town-meeting, discussing the following 
 topics: (a) how composed; (b) method of calling same; (c) how con- 
 ducted; (d) fimctions, including election of town officers, making of 
 appropriations, enactment of by-laws. 
 
 6. Organize the class into a town-meeting, and discuss live local questions 
 in accordance with articles in a warrant. 
 
 6. Describe the board of selectmen of your town, giving their names, 
 term, and functions. 
 
 7. Give the same facts concerning the other executive officers of your 
 town. 
 
 8. What local courts exist in your town, or in districts including several 
 towns? What cases do they try? 
 
 (Questions 9-15 are for pupils living in the Central, and Middle-'Western States.) 
 
 9. How many townships in your county? Name them. 
 
 10. Does the system of local government in your State belong to the 
 county-precinct type, or to the township-county type? (Section 36.) 
 
 11. If there is a township board, give the number of members, term, and 
 functions. 
 
FUNCTIONS OF RURAL LOCAL GOVERNMENT S") 
 
 li. If supervisory authority is vested in a single ofiBcer, give his title, term, 
 and powers. 
 
 13. If there is a town-meeting, answer question 4, above. 
 
 14. Give the names, term, and functions of other township officers. 
 
 16. How are justices of the peace chosen? What cases are tried befoii, 
 themF 
 
 (Questions 16-17 are for pupils iu the South and Far West.) 
 
 16. What is the name of the subdivision of the county corresponding to the 
 township in the Central States? 
 
 17. Give the names, method of selection, and functions of the officers 
 chosen within this area. 
 
 (The remaining questions are for pupils in all sections.) 
 
 18. Which of the following public or governmental functions are per- 
 formed by your county? (a) Administration of justice; (b) collection 
 of State taxes; (c) holding of State elections; (d) probating of wills; 
 (e) recording of land titles. 
 
 19. Which of the following functions pertaining to local needs are per- 
 formed by your county? (a) Levy and collection of local taxes; (b) ad- 
 ministration or supervision of schools; (c) construction and main- 
 tenance of local public works; (d) administration of charities and 
 corrections; (e) holding of local elections; (f) enactment of local poUce 
 regulations. 
 
 20. Prepare an outline showing all the functions performed (a) by your 
 town or township; (b) by your county. 
 
 21. Are your roads laid out and maintained by the county or township? 
 What was expended for this purpose last year? Are they well improved 
 and cared for? Should the State aid in road-making? 
 
 32. Does your county elect a county judge? Or is this officer chosen by 
 a judicial district including several counties? 
 
 23. For what term is the county judge chosen? What cases does he try? 
 
 24. Is there a probate judge in addition to the county judge? Over what 
 matters has he jurisdiction? 
 
 25. Who is the sheriff of your county? How chosen? Term? Authority? 
 
 26. Other judicial officers of the county generally include a coroner, pro- 
 secuting attorney, and clerk of the court. Give the names, method 
 of selection, term, salary, and duties of each. 
 
 27. Legislative authority in county affairs is commonly exercised by a 
 county board. Does your board belong to the Pennsylvania type or to 
 the New York type? (Section 41.) 
 
 28. How many members compose your county board? How are they 
 chosen, and for what term? Describe their powers. 
 
 29. Give the method of choosing, term, and duties of each of the following 
 officers (if found in your county) : clerk or auditor, treasurer, recorder 
 or register of deeds, surveyor, assessor. 
 
 SO. Give the same details concerning any other officers in your county not 
 included in this list. 
 
 31. Are your county officers paid by fees or salaries? By whom i^ their 
 remimeration determined? Which are the most lucrative offices? 
 
 32. Are the representatives in your State legislature apportioned by 
 counties? 
 
CHAPTER IV 
 
 MUNICIPAL DEVELOPMENT 
 
 46. Definition of City. If we analyze our conception oi 
 the term city, we shall find that it includes at least three 
 essential elements: (1) a considerable number of people, who 
 (2) occupy a definite and compact territory, and (3) possess 
 a local government organized with especial reference to their 
 social and economic condition. Hence a city may be defined 
 as " a populous community inhabiting a definite, compactly 
 built locality, and having an organized public authority." ' 
 
 Like rural local governments, the city has a dual character, 
 
 being an agent of the State government as well as an organ 
 
 „ , for the satisfaction of local needs. Thus iu its 
 
 Dual 
 
 character pubUc or governmental character the municipal 
 corporation represents the State, which entrusts it 
 with the performance in a particular locality of certain gov- 
 ernmental functions — such as local taxation, the administra- 
 tion of justice and of the schools, the control of elections and 
 of the public health, and the support of the poor. On the other 
 hand, in its private or proprietary character the municipal- 
 ity is an organ for the satisfaction of local needs, such as the 
 construction of sewers, paving, clearung, and lighting of 
 streets, supplying water, administration of parks, regulation 
 of municipal transportation — matters which interest the 
 commonwealth only indirectly, but which are of vital local 
 concern. 
 
 47. Origin of Cities. Economic causes create cities and 
 Economic make urban life possible. So long as agriculture is 
 taaia ^j^g g^jg occupation of a people, cities cannot de- 
 velop, since this industry necessitates a scattered population, 
 
 1 Fairlie, John A., Municipal Adminittraiion, ni. 
 
MUNICIPAL DEVELOPMENT 39 
 
 But with the creation of a surplus food-supply, men develop 
 other and higher wants than the mere subsistence wants 
 satisfied by agriculture. Division of labor then occurs, and 
 commerce and manufactures arise — industries which tend 
 to bring people together in compact communities. Thus the 
 existence of cities is the result and sign of a separation of 
 occupations. It is also an indication of economic progress. 
 Countries in the forefront of modem civilization have a 
 large urban population, while the contrary is true of more 
 backward nations. 
 
 48. Development of Cities. Just as cities owe their origin 
 to the economic fact of a siuplus food supply, so to economic 
 factors is due the great development of cities in Eoonomio 
 modem times. Three of the most important are: '"''•''" 
 
 (1) the industrial revolution, inaugiu-ating the factory sys- 
 tem of modem industry with its irresistible tendency to 
 mass population in large centers; (2) extensive improve- 
 ments in agriculture, displacing niral laborers, who seek 
 employment in the cities; (3) a marvelous development of 
 transportation which has made possible an unprecedented 
 interchange of products. 
 
 In the United States the growth in urban population has 
 been most striking. In 1790 about 3J per cent of the people 
 lived in cities; at the present time about 46 per urian pop- 
 cent. In 1790 there were six cities with over tueuStea 
 8000 population; in 1910 there were 603 cities States 
 with a population of 10,000 or more. Since 1790 the total 
 population of the United States has increased from 3,929,214 
 to 91,972,266: the urban population from 131,472 to more 
 than 42,000,000. 
 
 49. English Origin of American Municipal Institutions. 
 Just as the English system of rural local government furnished the 
 pattern for the system first established in America, so innnenoe ot 
 the English municipal borough of the seventeenth EngUsli 
 century was the prototype of the early American city. ^^^ °°' 
 Both the organization of the English borough and the theory of 
 English law as to the relation of the borough to the central gov- 
 ernment have profoundly afiEected American municipal develop- 
 
40 GOVERNMENT AND POLITICS 
 
 ment; and hence the nature of the American city will be better 
 understood if we know the leading characteristics of the type from 
 which it has developed. 
 
 50. History of the English Municipal Borough. As early as 
 the fifteenth century some of the Enghsh towns, which in Saxon 
 Tht ^^y^ ^^ been governed by the town-meeting, secured 
 munlolial from the crown, either by purchase or pledge of an 
 charter annual contribution, certain special privileges of local 
 government. The document defining these privileges was known 
 as the municipal charter, the granting of which was then, as now, 
 a prerogative of the crown. 
 
 The members of the trades guilds were usually named in these 
 early charters as the governing body of the community. At first 
 the municipal corporations were probably fairly representative 
 of the people of the towns ; but as time passed by, grave abuses crept 
 in. Membership in the corporation became confined to a few men 
 who had power to designate their successors, and the great majority 
 of the inhabitants had no voice whatever in the local government. 
 Unulolval Thus the boroughs were close or self-perpetuating cor- 
 Reform Act porations, and continued such until Parliament passed 
 01 1836 ^.jjg famous Municipal Corporations Act of 1835. By 
 
 this act the government of the boroughs was reformed and placed 
 in the hands of the citizens. 
 
 51. Characteristics of British Municipal Government. 
 Complete subordination of the municipality to the central govern- 
 SnimnUn ment is a prominent feature of British municipal admin- 
 atea to istration. In marked contrast to the city-states of the 
 oentral ancient world, which were local communities with sov- 
 ereign governmental powers, is the British municipal 
 
 borough created by, and entirely subject to, the central govern- 
 ment or Parliament. 
 
 Furthermore the British Parliament has usually been very ten- 
 acious of its authority, and has consequently granted the citiel 
 Strict oon- comparatively limited powers, to be exceeded only by 
 structlon its own permission granted in special acts. From early 
 of powers times the theory has prevailed that so far as public 
 powers are concerned, municipal corporations are merely the dele- 
 gates of Parliament, which is the ultimate source of all govern- 
 mental power. Hence it has followed that the powers granted 
 by Parliament to municipalities have been carefully hmited and 
 minutely specified.^ 
 
 > Thus the British cities, unlike those of continental Europe, are and have always been 
 authorities of enumerated rather than of general powers. 
 
MUNICIPAL DEVELOPMENT 41 
 
 From early times to the present, the central fact in the govern- 
 ment of the British municipaUty has been the council. By the 
 provisions of the Municipal Code of 1882, the council Position 
 consists of the mayor, aldermen, and councilors. The "' oonnoll 
 municipaUty acts through its council, the body which exercises 
 all powers vested in the corporation. 
 
 52. American Municipal History. Turnmg now to the 
 American municipality, we may divide its history for convenience 
 of treatment into five periods: (1) 1641-1775; (2) 1775-1825; 
 (3) 1825-1850; (4) 1850-1875; (5) 1875 to the present time. 
 
 53- Colonial Cities. Twenty cities received charters during the 
 period of colonial history from 1641 to 1775. The oldest American 
 city is New York, which received its first charter in 
 1686. Trenton in 1746 received the last charter granted otarters 
 in colonial times. As in Great Britain charters were 
 granted by the executive, so following this practice the colonial 
 charters were granted by the governors. 
 
 The form of municipal organization closely resembled that of 
 the contemporary English borough. Practically the entire author- 
 ity was vested in a council, which consisted of the Munlolpal 
 mayor, recorder, aldermen, and councilmen, acting as organlza- 
 a single body. The mayor was sometimes appointed 
 by the governor, sometimes elected as in England by the council. 
 His functions were to preside at meetings of the council and to 
 execute the ordinances passed by that body. The administrative 
 authority of the council was limited chiefly to matters of local 
 concern, the public or governmental side of the corporation's life 
 being then but little developed. 
 
 In two important respects American colonial cities differed from 
 the English boroughs of that period. (1) In America close corpora- 
 tions were the exception. In only three cities ^ were the DlsUnotlve 
 councils self-perpetuating bodies, elsewhere control of Amorioan 
 the city being in the hands of its residents. (2) The *' 
 
 mayor was not as in England a dignified figure-head, but from the 
 first possessed a considerable control over municipal affairs. 
 
 S4. Relation of Cities to State Governments. The theory 
 of the English law as to the complete subordination of the city to 
 the central government was closely followed. Under the 
 American system, the municipality is regarded as a posjugn 
 creature of the State legislature, and in the absence of 
 constitutional restrictions, the legislature may deal with the city as 
 
 > Theae were Philadelphia, Annapolis, and Norfolk; bot thia undemocratic government did 
 not Burvive the Revolution. 
 
42 GOVERNMENT AND POLITICS 
 
 it pleases. It may enlarge or contract its powers, change its frame- 
 work of government, or even entirely destroy its existence. '^ 
 
 Furthermore, in passing upon the question of municipal powers. 
 Strict con- American courts have accepted the rule of the English 
 gtruotlonof common law, that grants of municipal power (like all 
 powers grants of corporate powers) are to be construed strictly, 
 
 doubtful questions of authority being resolved against the muni- 
 cipality.^ 
 
 55. Second Period of American Mtinicipal History. Dur- 
 ing the years from 1775 to 1820, two features of municipal devel- 
 opment are especially important. 
 
 (1) The practice of conferring charters by the executive gave 
 Oharters ^^y ^o the present method of granting them by the 
 granted by State legislature. Hence the theory that the charter 
 legislature j^ merely a statute conveying no irrepealable grant to 
 the city; for as a legislative measure it is liable to be altered or 
 repealed by subsequent acts.' 
 
 (2) The subordination of municipal affairs to the issues of 
 
 State and national politics was noticeable; and this 
 system tendency, involving also the spoils system as a principle 
 
 of ofSce-holding, has since become a characteristic 
 feature of our municipal government. 
 
 56. Third Period — 1825-1850. Among the characteristics of 
 municipal history during the third period are the following: — 
 
 (1) A large number of new cities arose, forty of the cities whose 
 population is now over 30,000 having been first chartered during 
 this period. 
 
 (2) The present method of choosing the mayor by popular vote 
 was introduced, supplanting the former methods of State appoint- 
 ment or council election. 
 
 (3) Manhood suffrage became universal, superseding the pro- 
 perty qualifications prescribed by some of the early charters. 
 
 (4) Several cities, including Boston, New York, and St. Louis, 
 adopted the two-chamber plan for the organization of their coun- 
 cils. 
 
 57. Fourth Period — 1850-1875. An important development 
 during this period was the great increase of municipal functions 
 owing to the rapid expansion of urban population. During these 
 
 ' The legal theory as to the position of the municipality is clearly stated in United States 
 t. The Baltimore and Ohio H. R. Co., IT Wallace, 322. 
 
 * Dillon. J. F., Municipal Corporationa, i, p. 115. 
 
 ' On the other hand, the early charters granted by the governor were regarded as in the 
 nature of a contract between the executive and the municipality, and hence not subject to 
 amendment except with the consent of both parties. 
 
MUNICIPAL DEVELOPMENT 43 
 
 years our modern system of paid police and firemen replaced 
 the earlier volunteer system; and the construction of increase of 
 waterworks, sewer systems, and establishment of city mimloipal 
 parks were added to the list of municipal activities. ''"''''*'"'* 
 Functions which had been carried on formerly, such as mainten- 
 ance of schools, street-paving, and poor reUef, expanded in im- 
 portance, resulting in a large increase in municipal taxation and 
 indebtedness. 
 
 The unwillingness of the State legislatures to grant large powers 
 to cities, together with the legal doctrine of strict construction of 
 municipal powers, made it necessary for the cities to special 
 apply frequently to the legislature for special acts leglaiaUon 
 granting additional powers. Especially was this neces- " " " 
 sary in order to secure additional financial powers. By virtue of 
 these special acts the State legislatures rather than the municipal 
 council determined the local policy of municipalities.' 
 
 Owing to the establishment during this period of street-railway 
 systems and the extension of gas-lighting, the power of councils to 
 enter into contracts conferring valuable privileges, 
 that is, to grant franchises, became very important. In grants 
 making such grants, councils were commonly heedless of 
 the interests of the cities, and were often corruptly influenced by 
 the corporations desiring the privilege. Franchises were ordinarily 
 conferred without any compensation to the city for the use of the 
 streets, and sometimes without any limitation as to the duration 
 of the grant. 
 
 58. Changes in Municipal Organization during Fotulh 
 Period. Another important characteristic of the period from 
 1850 to 1875 is the decline of the city council, which in 
 earlier times had been the central fact in city govern- g^^ oonncU 
 ment. Partly as a result of dissatisfaction with council 
 management, that body lost many of its former legislative and 
 financial powers. Furthermore, the council lost its former power to 
 appoint the various city officials, and these were chosen by popular 
 vote, a change partly due to the democratic spirit characteristic 
 of this period. 
 
 Many of the powers formerly exercised by the council were en- 
 trusted to elective municipal boards, such as park, library, and 
 waterworks boards. Such officials as the city solicitor. Local 
 civil engineer, and superintendent of public works were mimiclpal 
 commonly elected by popular vote. "" 
 
 > In order to check the growing volume of special municipal legblation, a number of States, 
 including Ohio, Virginia, Iowa, Kansas, Florida, Nebraska, and Arkansas, adopted conatitu* 
 
44 GOVERNMENT AND POLITICS 
 
 Many commonwealths established State boards or commissions, 
 generally appointed by the governor, to control municipal affairs. 
 State T^ius a State park board was created for New York 
 
 appmnted City, a State commission to buUd Philadelphia's city 
 boards ^^^^ ^^^j gj^^g p^jj^g boards in New York, Baltimore. 
 
 Detroit, and other cities. The pretext for such action was the mis- 
 management on the part of the local authorities; but the transfer 
 of municipal functions to boards in no way responsible to local 
 taxpayers generally proved even more unsatisfactory. 
 
 59. Recent Municipal History, 1875 to the Present Time. 
 The volume of special municipal legislation, large during the 
 Sptciai preceding period, has increased so greatly as seri- 
 lesisiatiou ously to impair local self-government on the part 
 of urban residents.^ The objections to such special muni- 
 cipal legislation are: (1) the members of the State legislature 
 do not have adequate knowledge of the needs of the par- 
 ticular city for which the special law is designed; (2) the 
 consideration of innumerable local bills detracts greatly 
 from the time and attention needed for general legislation; 
 
 (3) these special laws are frequently passed from partisan 
 motives and without regard for the true welfare of the city; 
 
 (4) in exercising powers properly local in character, the State 
 legislature is not directly responsible to the voters of the 
 city, and hence this legislation is irresponsible legislation; 
 
 (5) special legislation destroys home rule by permitting the 
 legislatiu-e to regulate many details of city administration 
 which are of purely local concern. 
 
 Recognizing the evils of excessive legislative intervention 
 in local affairs, many States have adopted constitutional 
 oonstitu- provisions designed to safeguard certain rights of 
 uonaiiim- local self-govemment. Thus twenty-three com- 
 monwealths have adopted constitutional limita- 
 tions forbidding their legislatures to pass special actsconcem- 
 
 tional limit&tioDa designed to prevent special legislation; but these prohibitions were com- 
 mooly evaded. 
 
 * Thus in Wisconsin, at the legislative aegsion of 1885, five hundred special municipal acts 
 were passed, filling 1342 pagei of print; while all other acts of that year fill but 600 pages. In 
 the six years from 1884 to 1889, New York passed 1284 acts relating to thirty cities of that 
 commonwealth. In the seventeen years from 1876 to 1892, Ohio passed 1202 special acti 
 affecting cities, of which 1124 conferred special financial powers. 
 
{By cnurtesif of the Noel Construction Company) 
 THE NEW CITY HALL AT CHICAGO, ILLINOIS 
 
 A TYPICAL NEW ENGLAND TOWN HALL 
 At Needbam, Mass. 
 
' A ft N ";! y^ ' — ■ 
 
 ?1 Si hi III il il ill B' ili -i^' t, 
 % - - , . » , 11 « 
 
 
 i£y courtesy of the Superintendent of Pvblic Improvementsj 
 THE MUNICIPAL BUILDING AT UES MOINES, IOWA 
 
 11, ■ ' 
 
 =SF=^T 
 
 M 
 
 v'X.^^ 
 
 ^ 
 
 
 INTERIOR OF THE DES MOINES MUNICIPAL BUILDING 
 
 Practically the entire business of the city is transacted in this one large counting- 
 room. Here are the otiices of all the various departments ot the city government, 
 except those of the police and the Are department, which by their nature require 
 separate quarters. 
 
MUNICIPAL DEVELOPMENT 45 
 
 ing cities. These restrictions have been frequently evaded 
 in States whose courts have held that an act is not special 
 provided it apphes to a class of cities, even though the 
 "class" includes but one city. 
 
 A second method of limiting the power of State legisla- 
 tures over cities is that followed in New York. In this com- 
 monwealth all measiu"es referring to a single city, new York 
 or to, less than all cities of a class, after being '^^ 
 passed by the legislature must be referred to the mimicipal 
 authorities for approval. In cities of the first class (over 
 175,000 inhabitants), such a measure must be approved by 
 the mayor; and in cities of the other two classes by the mayor 
 and council. If approved by the proper municipal authority, 
 the bill is sent to the governor for his approval or veto; but 
 if disapproved by the local authority, it goes back to the leg- 
 islative house where it originated, and does not become law 
 unless repassed by the ordinary majority in each house. 
 
 A third method of securing municipal home rule is followed 
 in twelve commonwealths.* These States have adopted 
 constitutional provisions allowing some of their qj^^„. 
 cities to frame and amend their own charters, feaming 
 provided such charters and amendments are con- 
 sistent with the constitution and general laws of the State 
 
 60. Changes in Municipal Organization. Two marked 
 changes in the organization of city government during this 
 period are: (1) the return to a single-chamber oonnoii 
 coimcil in a number of cities which had become "* "*'" 
 dissatisfied with the two-chamber system; and (2) the 
 effort to create a responsible mayor by giviag that official 
 a larger control over city administration. 
 
 61. The Commission Plan. Perhaps the most serious de- 
 fect in the government of our cities is the absence oaiyeston 
 of direct responsibility for the management of »?■*•" 
 affairs. Executive and administrative functions are distrib- 
 
 1 Including Arizona, California, Colorado, Michigan, Minnesota, Missouri, Nebraska, 
 Ohio, Oregon, Oklahoma, Texas, and Washington. 
 
46 GOVERNMENT AND POLITICS 
 
 uted among numerous boards and officials in such a way 
 that it is almost impossible to locate responsibility. To 
 correct this condition, many cities' have recently adopted 
 the commission plan of government, which aims to secure 
 definite responsibility by centralizing municipal powers in 
 the hands of a few men. Thus the Galveston charter en- 
 trusts the entire city administration to five commissioners 
 elected at large for a term of two years, one of whom is 
 given the title of mayor-president. Each of the other four 
 is placed at the head of one of the departments of muni- 
 cipal administration — namely, finance and revenue, water- 
 works and sewerage, police and fire protection, streets and 
 pubKc property; while the mayor-president exercises a 
 general coordinating influence over all four departments. 
 The commission acting as a whole is empowered to pass 
 mimicipal ordinances, vote appropriations, award contracts, 
 and make important appointments (minor ones being made 
 for each department by the commissioner in charge). 
 
 The commission system of government also prevails in Des 
 Moines, Iowa, but with important restrictions designed to 
 Des Moines assiure popular control. Thus the Des Moines 
 ''** plan provides for the initiative, referendum, and 
 
 recall; establishes a merit system for city employees; and 
 requires a popular referendum on all franchise grants.^ 
 
 1 The commission form of government has now been adopted by 371 cities (December, 
 1913). Of the 229 cities with over 26,000 population, 80 are governed under this plan. The 
 most important cities which have adopted the commission plan are: Birmingham, Ala.; Los 
 Angeles and Oakland, Cal.; Springfield, Dl.; Des Moines, la.; Wichita and Kansas City, 
 Kas.; Boston (in modified form) and Lynn, Mass.; St. Joseph, Mo.; Oklahoma City, Okla.; 
 Memphis, Tenn.; Dallas, Galveston, and Houston, Tex.: Seattle (in modified form), Tacoma, 
 and Spokane, Wash.; New Orleans, La.; and St. Paul, Minn. 
 
 * The advantages claimed for the commission plan are (1) definite location of responsibilitj' 
 resulting from the complete centralization of municipal powers; (2) lessening of civic corrup- 
 tion; (3) approximating the government of the city to that of a business corporation in which 
 ample powers are generally entrusted to a small board of directors; (4) greater promptness 
 and efficiency in action owing to the small number of administrative officers. Those opposed 
 to the commission plan urge (1) that it is undemocratic and un-American, virtually amount- 
 ing to a receivership for the municipality in which it exists; (2) it narrows the educative 
 work of local government by decreasing the participation of citizens in public affairs; (3) it 
 increases the influence of party organizations by enabling them to concentrate their efforts 
 upon the few elective commissioners; (4) it places the appropriating and spending power in 
 the same hands; and (5) the absence of a local council constitutes an incentive to State inter 
 Terence in municipal affairs. 
 
MUNICIPAL DEVELOPMENT 47 
 
 A recent modification of the commission form of govern- 
 ment is known as the "city-manager" plan. This provides 
 for a small elective commission, but the commis- ^^^_ 
 sion does not itseK exercise administrative powers, manager 
 For the general management of the city's affairs, 
 the commission appoints an expert administrator, or city 
 man.ger. The city-manager plan aims to secure perma- 
 nent, expert service for the city's administration, in the 
 same way that a large corporation selects an expert and 
 capable manager for its affairs. 
 
 62. Proposed Improvements in Municipal Government. 
 As the causes of the misgovemment of cities have become 
 better understood, more definiteness has been given the 
 plans of those seeking to improve conditions. The chief 
 steps now proposed as a means to possible improvement 
 may be summarized under the following heads : — 
 
 (1) The effectual prohibition of special municipal legisla- 
 tion, and the granting to cities of general rather sieciai 
 than enumerated powers. lagisution 
 
 (2) Such a change in municipal organization as will give 
 the mayor authority over, and responsibility for. Mayor and 
 the city's administration; together with an en- •""""'^ 
 largement of the powers of the council by giving that body 
 control of the legislative policy of the city in matters of 
 local interest. 
 
 (3) A restriction of the spoils system in city politics 
 through the adoption of some form of municipal civii 
 civil service. 1 ""*"* 
 
 (4) The separation of municipal from State and national 
 elections. In many commonwealths, municipal elections are 
 now held at a different time of year from other separation 
 elections, in the hope that candidates for local o* ei»''*''"'s 
 offices may be chosen on account of individual fitness rathei 
 than from a partisan standpoint. 
 
 > Such na exists in Fliiladelphia, Chicago, New Orleans, Grand Rapids, Los Angeles, 
 and in all cities of New York, Massachusetts, Wisconsin, and Ohio. 
 
48 GOVERNMENT AND POLITICS 
 
 (5) The exercise of the utmost care in granting franchises 
 to public service corporations, in order that the people of 
 the city may receive an adequate comi)ensation 
 in return for the privileges granted. The refer- 
 endum or popular vote on franchises ehminates a great 
 source of municipal corruption by placing the ultimate de- 
 cision concerning franchises in the hands of the people them- 
 selves.' 
 
 GENERAL REFERENCES 
 
 Dillon, John F., Commentaries on the Law of Municipal Corporations (4th 
 ed. 1890), I, ch. I. 
 
 FairUe, John A., Municipal Administration (1901), ch. v. 
 
 "Municipal Corporations in the Colonies," Municipal Affairs, 
 
 September, 1898. 
 
 Fiske, John, Civil Government in the United States (1904), pp. 98-114. 
 
 Goodnow, Frank J., City Government in the United States (1904), chs. i— in. 
 
 Municipal Problems (1903), ch. i. 
 
 Hart, A. B., Practical Essays on American Government (1905), no. viii. 
 
 Monographs on Municipal Government, Johns Hopkins University Studies, 
 Series iii, nos. 11-12 (Washington) ; v, nos. 1-4 (Philadelphia, Boston, St. 
 Louis); VII, nos. 2-4 (San Francisco, New Orleans); xiv, no. 2 (Balti- 
 more). 
 
 Proceedings of the Conferences for Good City Government, Annual Meet- 
 ings of the National Municipal League, 1894 to 1909. 
 
 Robbins, E. C, Selected Articles on the Commission Plan of Municipal 
 Government (1909). 
 
 Rowe, L. S., Problems of City Government (1908), chs. i-v. 
 
 Shaw, Albert, Municipal Government in Great Britain (1895), chs. I— ll. 
 
 Weber, A. F., The Growth of Cities in the Nineteenth Century (1899). 
 
 Wright, Carroll D., Practical Sociology (1899), ch. vin. 
 
 Woodruff, C. R., City Government by Commission (1911), chs. I, ni, vil, vm. 
 
 QUESTIONS AND EXERCISES 
 
 1. Write an account of the rise and growth of cities in the United States, 
 paying especial attention to the factors in urban development. 
 
 2. Write a brief account of the changes of government in your community 
 -y- the transition from town, village, borough, or county government to 
 city government. 
 
 8. Explain the reasons for this change. Point out the needs which are 
 created by urban life (water-supply, sewer system, street lights), and 
 explain why city governments are better fitted than rural governments 
 to meet these needs. 
 
 1 At least twenty commonwealths have adopted the referendum for some or all of their 
 cities: California, Colorado, Delaware, Idaho, Iowa, Kansas, Maine, Massachusetts, Mis- 
 sissippi, Missouri, Minnesota, Montana, Nebraska, North Dakota, Oklahoma, Oregon, 
 South Dakota, Tennessee, Texas, and Washington. 
 
MUNICIPAL DEVELOPMENT 49 
 
 4. What economic causes have contributed to the growth of your city? 
 6. What was the population of your city at the census of 1910? Popula- 
 tion in 1900? Percentage of increase? 
 
 6. Make a list of the six largest cities in your State, and give their popula- 
 tion; same for the United States. 
 
 7. What is the area of your city? Into how many wards is it divided? In 
 which one do you live? 
 
 8. When did your city receive its first charter? What is the date of the 
 present charter? 
 
 9. Draw an outUne map of the city marking the boundaries of the wards, 
 and (using a different color) show the election precincts of your own 
 ward. 
 
 10. By which of the following methods was your city charter granted: 
 (a) special act of the legislature giving your city a charter peculiar to it- 
 self; (b) a general legislative act providing a form of charter appUcable 
 to all cities of a certain size; (c) under a special constitutional pro^ion 
 permitting dties of a certain size to frame their own charters. 
 
 11. How may your city charter be amended? 
 
 15. Does your State constitution prohibit special legislative acts concern- 
 ing cities? Why is such special legislation objectionable? (Section 59.) 
 
 13. Point out the dual character of your city government: (a) as an agent 
 of the State for the performance of governmental functions; (b) as an 
 organ for the satisfaction of local needs. (Section 46.) 
 
 14. In which of these fields may the State government properly exercise 
 greater control? 
 
 16. Is there a State commission having authority over any affairs in your 
 dty? Are such commissions prohibited by your State constitution? 
 
 16. Have you a municipal league, taxpayers' association, or similar organ- 
 ization which seeks to improve municipal conditions? 
 
 17. Is there a Chamber of Commerce in your city? Purposes? 
 
 18. Are any of the following reforms urged in your city? Give arguments 
 in favor of each: (a) Centralization of executive power and responsibil- 
 ity by creating a " responsible " mayor, (b) The centralization of re- 
 sponsibility by the creation of a commission for the exercise of both 
 executive and legislative powers, (c) Separation of mimicipal from 
 State and national elections, (d) Estabhshment of the merit system in 
 filling subordinate municipal offices, (e) "Home rule," or the limita- 
 tion of State control over city affairs, (f ) Reduction of the number of 
 offices to be fiUed at municipal elections, (g) Nomination by petition 
 or direct primaries instead of by a party convention, (h) The referen- 
 dum or sanction by popular vote for franchise grants and bond issues. 
 
 19. Suggested readings on mimicipal government: Kaye, F. L., Readings 
 in CivU Government, pp. 336-367. 
 
CHAPTER V 
 
 MUNICIPAL ORGANIZATION 
 
 63. Organization of the Council. In three fourths of the 
 cities of the United States, the council is a single-chamber 
 Humiier oi body. This is the prevaihng type for the smaller 
 oiiamijers cities as well as for a majority of the larger ones. 
 Most of the latter have at one time or another tried the 
 double-chamber coimcil; but many have returned to the 
 plan of a single chamber. 
 
 Where the council consists of a single chamber, it is ordin- 
 arily composed of one member from each ward or district 
 Eiocuon into which the city is divided; but in some cities 
 ofmembus councilmen are chosen by general ticket. "^ Where 
 the double-chamber system prevails, the upper house or 
 board of aldermen is often chosen at large, or from districts 
 embracing several wards. The size of the council varies 
 greatly, averaging from twenty to thirty members in the 
 larger municipalities, and from five to fittteen in the smaller 
 ones. 
 
 The universal qualification for councilmen is that they 
 must be voters of the city in which they live; and generally 
 Quaiiiica- ^^^^ ^^^ required to be residents of the ward for 
 uons, term, which they are chosen. The negative qualifica- 
 tion is often added that members shall not hold 
 any other public oflSce. The term varies from one to four 
 years, two years being perhaps more general. Where the 
 term is two years, half the members are often chosen an- 
 nually. Councilmen are usually unpaid in the smaller cities, 
 but in many of the larger ones receive salaries ranging from 
 $300 to $2000. 
 
 ^ That is, by the voters of the entire eity. 
 
MUNICIPAL ORGANIZATION 61 
 
 64. Legislative Powers of the Council. In the United 
 States, as in Great Britain, the powers conferred upon muni- 
 cipalities are always enumerated in detail; and Rnieoicon- 
 the courts of both countries hold that municipal '"""'"°" 
 powers are to be strictly construed, doubtful questions of 
 authority being resolved against the municipality. This 
 rule of strict construction in connection with the system 
 of enumerated powers has necessitated a multitude of pro- 
 visions in every municipal charter, since each particular 
 power must be declared beyond doubt. ^ 
 
 65. The Council's Police Power. The most important 
 powers of municipal coimcils are those which may be classed 
 under the head of the police power, by which is meant the 
 power of government to enact such laws as are necessary to 
 the health, comfort, and protection of society. The police 
 power of the State government is a general power limited 
 only by the restrictions of the State and the national con- 
 stitution ; and each commonwealth delegates to the cities 
 within its borders a portion of this power — generally includ- 
 ing the right to pass ordinances for the promotion of the 
 pubUc health, seciuity, and comfort, and for the protection 
 of the pubUc morals.^ 
 
 66. Financial Powers of the Council. One of the most im- 
 portant powers granted city councils is that of levying taxes 
 to defray expenses incurred in the performance of 
 mimicipal functions. The legislatures ordinarily 
 
 confer this power subject to important limitations as to the 
 purpose and rate of the tax. Thus the tax must be for a 
 public purpose, and one which is authorized directly or im- 
 pHedly by the terms of the municipal charter; and it is com- 
 monly provided that the rate shall not exceed a certain 
 number of mills on each dollar of valuation of taxable pro- 
 perty. The form of tax most largely relied upon for municipal 
 
 ^ Thus the Ohio law governing cities enumerates the general powers of municipal corpora- 
 tions to be exercised by the council under twenty-nine heads and the special powers under 
 seven additional heads, the detailed statement occupying thirty-six pages of the volume of 
 laws of 1902. 
 
 ' See Chapter Xll. 
 
52 GOVERNMENT AND POLITICS 
 
 revenues is the general property tax, the levy for city pur- 
 poses being ordinarily collected along with the county and 
 State taxes. 
 
 To defray the expense incurred in making certain local improve- 
 ments, such as street-paving and sewer construction, it is custom- 
 ary to levy upon the abutting property-owners special assessments 
 
 upon the theory that they receive a special benefit from 
 assessments *^^ improvement in question. Thus ia most cities 
 
 when a street is opened, graded, or paved, the cost is 
 borne mainly by the abutting property-owners (upon whose initia- 
 tive such improvements are often undertaken). 
 
 Licenses of certain occupations and amusements constitute 
 another important source of municipal revenue. A license may be 
 , , either a police regulation to prevent some real or threat- 
 
 ened evil, or it may be a tax upon certain lines of busi- 
 ness. In many cities, proprietors of theaters and other places of 
 amusement, owners of vehicles, liquor-dealers, pawnbrokers, 
 peddlers, and second-hand dealers are required to pay a license." 
 Municipal corporations have implied authority to incur indebt- 
 edness in anticipation of the general revenue fund, but unless au- 
 
 thorized by the legislature, cannotborrowmoney or issue 
 power^ bonds as evidence of indebtedness. Municipal charters 
 
 generally contain provisions authorizing the council to 
 borrow money for public purposes, as for street-paving, or con- 
 struction of waterworks and lighting-plants. When a city borrows 
 money, municipal bonds are issued which are in effect the promis- 
 sory notes of the corporation. These bonds are ordinarily in de- 
 nominations of $500 or $1000, for a term varying from twenty to 
 fifty years, at four to six per cent interest. They are sold to the 
 highest bidder after due notice by publication. 
 
 67. Miscellaneous Powers of the Council. Eminent domain, 
 or the right to take private property for pubhc purposes, is a power 
 
 commonly delegated by the legislature to municipal 
 domain corporations. City councils generally have power to 
 
 appropriate private property under the following con- 
 ditions: (1) the property must be for a public use;^ (2) notice must 
 be given to the owner; and (3) the property must be appraised in 
 the manner prescribed by law, and the owner compensated for its 
 appropriation. 
 
 ^ In Northern municipalities, licenses are commonly required only for a few specified 
 purposes; but in the cities of the South, the hceusing system is more largely used. 
 
 » The public uses for which property may be appropriated include parks, streets, canals, 
 sewers, prisons, hospitals, markets, cemeteries, school buildings, libraries and other public 
 buildings, waterworks, gas and electric lighting-plantji. 
 
MUNICIPAL ORGANIZATION 58 
 
 Municipal councils are sometimes made the agents of the State 
 government for the control of education and poor re- Ednottlon 
 lief within the corporation; but more commonly these anil poor 
 functions are entrusted to local boards more or less "'**' 
 independent of the council. 
 
 Like private corporations, cities may purchase and hold property 
 for municipal purposes. Cemeteries, waterworks, 
 parks, markets, hospitals, libraries, gas and electric rtetts 
 lighting-plants are forms of property regarded, by the 
 courts as belonging to the municipality in its private or corporate 
 rather than in its public or governmental capacity. 
 
 Mimicipal councils have implied powers to make such contracts 
 as may be necessary to carry out the purposes for which the cor- 
 poration was created, and these contracts may be for 
 a longer term than the life of the council making the 110™™ 
 grant. The most important municipal contracts are 
 franchises or grants of exclusive privileges to companies organized 
 to furnish transportation, lighting, heat, and telephone service. 
 
 68. Procedure in City Councils. Regular meetings of 
 the council are held at stated times, generally weekly or bi- 
 weekly, special meetings being called from time to 
 time as needed. Like other legislative bodies, nues, 
 municipal councils determine their own rules of 
 procedure, and keep a joiu-nal of their proceedings. Generally 
 they have power to compel members to attend and vote. 
 
 Like Congress and the State legislatures, city councils are 
 commonly divided into committees to which proposed legis- 
 lation is referred for consideration. Among the oommittoo 
 important committees are those on ways and ^y»**™ 
 means, streets and sidewalks, sewers, markets, printing, 
 pubhc Ughting, transportation, rules and ordinances, and 
 mimicipal bonds. 
 
 The legislation passed by the council ordinarily requires 
 three separate readings, and unless the rules are suspended 
 
 these must be at three different regular meetings. „ „ 
 
 ., . , Ordlnanoes 
 
 Any member of the council may mtroduce a pro- 
 posed ordinance, whereupon its title is read and the measure 
 referred to the proper committee (this constituting the first 
 
54 GOVERNMENT AND POLITICS 
 
 reading). At a subsequent meeting, if the committee reports 
 favorably, the second reading may take place, the ordinance 
 being read, in full or by title only ; and at a third meeting, after 
 being read the measure may be voted upon. If approved by 
 a majority of the council, it is signed by the presiding oflBcer, 
 and unless the mayor has the veto power, it then becomes 
 an ordinance or by-law binding upon all persons within the 
 city. Frequently the municipal charter gives the mayor 
 power to disapprove any ordinance passed by the council ; 
 and a measure which is vetoed does not become effective 
 unless the council again passes it by a two-thirds vote — in 
 some cities by a three-fourths or four-fifths vote. 
 
 It is often required that ordinances be pubHshed in news- 
 papers of general circulation within the municipality, sev- 
 Vaiiaity of eral publications during consecutive weeks being 
 orainanoes commonly prescribed. To be valid, ordinances 
 must be authorized by the municipal charter or by a State 
 statute; and they must not conflict with any laws of a su- 
 perior nature, such as a provision of the State constitution 
 or statutes, or of the federal constitution, statutes, or treaties. 
 
 69. The Mayor. The chief executive officer of the city is 
 the mayor, who is generally elected by popular vote. This 
 Election, officer is usually chosen for a two-year term in 
 tonn, salary ^j^^ larger cities, but in New England and in the 
 smaller municipahties a one-year term is common. * The 
 mayor receives a salary which varies from a few himdred 
 dollars in the smaller municipalities to $15,000 in New York 
 City. 
 
 70. Legislative Powers of the Mayor. In the smaller 
 municipalities and in a few of the larger ones, the mayor is 
 Relation the presiding officer of the council with a casting 
 to connou ^^j-g j^ ^^^^ ^f ^ ^j^ g^^ jj^ ^^ majority of the larger 
 
 cities, he is not a member of the coimcil and his relation 
 to that body more nearly resembles that of the governor to 
 
 1 The term is four years in several cities, including New York, Chicago, FhiladelphiA, 
 Buffalo, New Orleans, and Louisville; in Boston four years, with the right of recall at the end 
 of two years. In Jersey City the term is five years. 
 
MUNICIPAL ORGANIZATION SB 
 
 the State legislature. He submits to the council annual and 
 special messages recommending desirable legislation; and in 
 most cases he has a limited veto upon ordiaances and 
 resolutions passed by that body. 
 
 In many recent charters, the mayor is given the power to 
 veto particular items in an appropriation bill while approv- 
 ing the rest of the measure.^ Generally he has several days 
 (varying in number from three to fourteen) for consideration 
 of legislation; and it he does not sign or veto the ordinance 
 within that period it becomes e£Fective without his signature. 
 
 71. The Mayor's Administrative Powers. Although ia 
 nearly all American cities the mayor is in theory the head 
 of the administration, the extent of his actual con- ^^^^^ 
 trol greatly varies. In early days his administra- oounou 
 tive powers were narrowly umited, and m many 
 smaller cities he is still Uttle more than a presiding oflScer of 
 the council with a casting vote in case of a tie, or in some 
 cases with a quahfied veto upon legislation. In these cities 
 the subordinate executive officers are generally elected by 
 popular vote or appointed by the coimcil. This system 
 is virtually council government except as modified by the 
 mayor's veto power. 
 
 In a second class of cities the mayor has considerable 
 power over appointments, and generally nominates the 
 heads of the administrative service subject to con- Dividoa re- 
 firmation by the council. But he cannot exercise w"^i'iii*y 
 complete control over the administration, since these officers 
 caimot be removed except for cause, and even then the 
 concurrence of the council is generally necessary. Thus 
 responsibility for the administration is divided between the 
 mayor and the council so that neither can be held ac- 
 countable; and this lack of responsibility has made possible 
 much of the inefficiency and corruption of city governments. 
 
 Finally, in a third class of cities, especially the larger ones, 
 
 ^ For example, in New York, Baltimore, Boston, Philadelphia, New Orleans^ St. Louia, 
 San Francisco, and in all cities in Ohio and Illinois, 
 
86 GOVERNMENT AND POLITICS 
 
 recent charters have given the mayor the power to appoint, 
 The lespon- without the approval of any other authority, the 
 slue mayor jig^ds of the executive departments; and also the 
 right to remove them at his own discretion at any time diu-- 
 ing his term. This type of city government has been called 
 the mayor system, since it makes this officer the actual and 
 responsible head of the entire municipal administration. 
 
 In all cities the mayor exercises general supervisory 
 powers over the municipal departments. The extent of this 
 General authority varies, being most important in those 
 supervisory municipalities where the mayor has the power to 
 appoint and to remove department heads. In 
 nearly all cities he may at least investigate complaints against 
 particular departments, make recommendations to the ad- 
 ministrative heads, and inspect books and records. In cities 
 having the board system of municipal administration, he is 
 frequently an ex officio member of the various boards. 
 
 The mayor is the chief conservator of the peace for the 
 A peaoo city as the sheriff is for the county, and has similar 
 oiHoer powers with regard to quelling riots and calling 
 
 upon the governor for the State militia. 
 
 72. Judicial Powers of the Mayor. In nearly aU mimi- 
 cipalities the mayor has the powers of a justice of the peace. 
 Justice of In most of the larger cities the mayor's court, 
 the peaoe formerly an important institution, has fallen into 
 disuse, the mayor's judicial powers having been transferred 
 to the police judges and judges of the municipal courts. 
 But in the smaller cities, and generally in Delaware, Iowa; 
 and the Southern States, the mayor stUl exercises judicial 
 powers. 
 
 73. Administrative Officials. Greater diversity prevails 
 m the administrative machinery of American cities than 
 DlTersity ^'^ ^^-^ other feature of municipal organization. 
 
 Ordinarily the larger cities have departments of 
 pubKc works, police, fire, health, law, elections, education, 
 hbraries, parks, finance, and charities and corrections. 
 
MUNICIPAL ORGANIZATION 57 
 
 For the selection of administrative officers, many plans are 
 
 in use, including election by the council, appointment by the 
 
 mayor with or without the council's confirmation, „ , „ 
 
 1-1 • Selection 
 
 election by popular vote, and appointment by the 
 
 State governor. Appointment by the mayor with ratification 
 by the council is the common method, but several recent 
 charters give him the exclusive power of appointment. The 
 treasurer and comptroller are generally elected by popular 
 vote, as are often the police judge, city sohcitor, tax assess- 
 ors, members of boards of pubUc works, and of boards of 
 education. Appointment by the governor is exceptional, 
 but prevails in case of the police and health boards of some 
 cities. 
 
 Few legal quaUfications are prescribed for administrative 
 officials, and in practice little heed is paid to the candidate's 
 fitness for the particular office which he is seeking. Qnaiiflpt- 
 The non-professional character of our administra- *""" 
 tive service is in marked contrast with that of Germany, 
 where salaried officials are required to prepare themselves 
 by a long course of expert professional training. 
 
 The term of administrative officials ' varies from one to 
 six years, generally being longer in case of members of muni- 
 cipal boards. For subordinate administrative „ 
 officials, permanence of tenure is secured through 
 civil service in more than two hundred cities, including 
 Philadelphia, Chicago, Milwaukee, New Orleans, and all 
 cities in New York, Massachusetts, and Ohio; elsewhere 
 municipal offices are too often regarded as political spoils.^ 
 
 As a general rule municipal officers receive salaries, espe- 
 cially in the larger cities. Frequent exceptions to this rule 
 are the members of school, library, and park 
 boards. If members of a board receive no salary 
 they are expected to devote only a part of their time to 
 official duties, the routine work of the department being 
 performed by salaried officials. 
 
 1 In Great Britain the term of corresponding officials is three years, in France, four years, 
 
 2 Other large cities under civil service rules are Newark, Minneapolis, Kansas City, Mo^ 
 Denver, Seattle, Tacoma, Portland, San Francisco, Los Angeles, and Dttroit. 
 
58 GOVERNMENT AND POLITICS 
 
 74. Board System vs. Single Commissioner System. In 
 
 Great Britain municipal administration is carried on by 
 
 Toniieiioy boards composed of members of the council: in 
 toward coni'- -n^ xi ■ • i • ■ • i. 
 
 missioner rrance there is a smgle commissioner m charge 
 
 system Qf gach department. Both systems exist in this 
 
 country, but the tendency seems to be in favor of the single 
 commissioner plan. However, such fields of administra- 
 tion as the schools, libraries, parks, pubhc health, police, 
 and public works are frequently managed by boards. The 
 board system secures contiauity of pohcy and greater per- 
 manence of tenure for executive officers, since the member- 
 ship is only partially renewed at one time; and this plan also 
 makes it possible to obtain the unpaid services of able men, 
 who can thus assume the general direction of pubhc busi- 
 ness without making too great personal sacrifices. "^ But 
 these advantages are gained at the sacrifice of the addiin- 
 istrative efficiency and power of prompt action possible 
 under the conmissioner system. 
 
 GENERAL REFERENCES 
 
 Ashley, Roscoe L., The American Federal State (1903), sees. 488-496. 
 
 Beard, C. A., American Government and Politics (1910), ch. xxvii. 
 
 Readings in American Government and Politics (1910), ch. xxvil. 
 
 Black, H. C, American Constitutional Law (1897), ch. xvii. 
 
 Bryce, James, The American Commonwealth (1908), i, ch. l. 
 
 Dillon, John F., Commentaries on the Law of Municipal Corporations (1890), 
 4th ed., i, chs. 2-5, 10, 12-13; 11, chs. 15-16, 19. 
 
 Eaton, Dorman B., The Government of Municipalities (1899), chs. x-xi, xrv. 
 
 Fairlie, John A., Municipal Administration (1901), chs. xvn-xx. 
 
 Fiske, John, Civil Government in the United States (1904), pp. 116-140. 
 
 Goodnow, Frank J., City Government in the United States (1904), chs. iv-vm. 
 
 Comparative Administrative Law (1893), i, chs. lu-lT. 
 
 Municipal Problems (1903), chs. ii-rv, ix-x. 
 
 Hart, A. B., Actual Government (1903), ch. xi. 
 
 Hatton, A. R., Digest of City Charters (1906). 
 
 Municipal Program, National Municipal League (1900). 
 
 National Municipal League, Proceedings of Conferences for Good City 
 Government: 1894-1895, pp. 93-104 (Minneapolis); 119-124 (Milwau- 
 kee); 407^17 (New Orleans); ibid., 1896, pp. 146-161 (Pittsburg). 
 
 Rowe, L. S., Problems of City Government (1908), chs. vi-ix. 
 
 Shaw, Albert, Municipal Government in Continental Europe (1897). 
 
 Municipal Government in Great Britain (1895). 
 
 Wilcox, Delos F., A Study of City Government (1897). 
 
 * Since their duties are chiefly confined to determining questions of policy, the actual work 
 of administration heing left to permanent salaried officials. 
 
MUNICIPAL ORGANIZATION Si 
 
 QUESTIONS AND EXERCISES 
 
 1. Does your council consist of one chamber or of two? Advantages and 
 disadvantages of each plan of organization? 
 
 2. Of how many menibers does your council consist? How does it com- 
 pare in size with otner city councils in your State? Give the qualifica- 
 tions, term, and salary of members. 
 
 3. Are the members elected by wards, by districts including several wards, 
 or at large? What are the advantages of each method, or of a combina- 
 tion of two methods? 
 
 i. Give the boundaries of the ward or district in which you live. Who is 
 your representative in council? 
 
 5. Are members nominated by party conventions, direct primaries, or by 
 petition (nomination papers)? Which method do you consider prefer- 
 able? 
 
 6. Name the officers of the council. How chosen? Duties? 
 
 7. How do the poUce powers of your council compare with those described 
 in Section 65 ? 
 
 8. Describe the financial powers of your council under the following heads : 
 (a) taxation, (b) appropriations, (c) borrowing power. Make a list of 
 the purposes for which the council may exercise each of these powers. 
 
 9. What power has your council over the administrative departments of 
 the city (such as the police or fire departments) ? Does it appoint and 
 may it remove administrative officers? 
 
 10. How many committees in your city council? How chosen? Name the 
 important ones. 
 
 11. State the advantages and defects of the committee system of legisla- 
 tion. 
 
 12. What is a city ordinance? Where does the council derive its power to 
 pass ordinances? With what higher laws must a municipal ordinance 
 conform? 
 
 13. Describe the procedure, step by step, by which an ordinance is passed. 
 Compare with the procedure described in Section 68. 
 
 14. Has your mayor the veto power? If so, what vote is necessary to pass 
 an ordinance over his veto? 
 
 15. Under what conditions may your council grant a franchise? 
 
 16. When does your council meet? Where? Visit a council meeting and 
 write an account of it. 
 
 17. State the following facts concerning your mayor: how elected, term, 
 qualifications, salary, how removed. 
 
 18. Describe fully the mayor's le^slative powers. Has he any judicial 
 powers? 
 
 19. What administrative officers does the mayor appoint? Can he remove 
 these officers? Is the consent of the council necessary in either case? 
 
 20. What degree of control does your mayor exercise over the city admin- 
 istration? Which of the three types of mayors, described in Section 71, 
 does he resemble? 
 
 21. In case of a serious disorder or riot in your city, what would be the duty 
 of the mayor? 
 
 42. Make a Ust of the other important executive officers of your city. State 
 how they are chosen and describe their duties. Do these officers be- 
 long to the same political party as the mayor? Are they subject to his 
 control? 
 
60 GOVERNMENT AND POLITICS 
 
 23. Make a list of the various boards and commissions in your city govern- 
 ment. How is each chosen? State the number of members, terms, and 
 duties. 
 
 24. What are the advantages and disadvantages of the board system of ad- 
 ministration as compared with single commissioners or heads of depart- 
 ments? 
 
 26. Is there a civil service commission in your city? If so, describe its 
 duties. 
 
 26. What courts exist in your city? Overwhat cases have they jurisdiction? 
 How are the judges chosen? Is there a juvenile court? If so, describe 
 its working. 
 
 27. Make a study of the last financial statement of your city and prepare 
 a report showing: (a) the amount and sources of the city's income for 
 the fiscal year, (b) the amounts and objects of the city's expenditures 
 for the same period. 
 
 28. What is your city tax rate? Compare with the rates for the last ten 
 years, and prepare a chart showing fluctuations in rates, by years. Com- 
 pare your municipal tax rate with that of another city in your State 
 which has about the same population. 
 
 29. What is the gross debt of your city? Is there a sinking fund? What is 
 the net debt? How is this debt to be paid? What is the borrowing 
 capacity of your city? How near is it at the present time to the debt 
 Umit? 
 
 30. Make the same comparison v/ith regard to your city's debt as suggested 
 in question 28 for the tax rate. 
 
CHAPTER VI 
 
 MUNICIPAL ACTIVITIES 
 
 75. Police Administration. PoKce administration in its 
 broadest meaning includes the entire system of internal 
 administration by which the State regulates the conduct of 
 the citizen. In a narrower sense, the term police denotes the 
 special machinery established for the preservation of order 
 and the detection and punishment of crime. This function 
 is especially important in urban communities because of the 
 concentration of population; and it is usually entrusted to 
 an organized force of men who patrol the streets, together 
 with special magistrates or poUce judges who deal sum- 
 marily with petty offenders. 
 
 The chief function of the police is to enforce the laws and 
 ordinances. More in detail, their duties are to preserve the 
 pubUc peace (suppressing riots, dispersing dis- 
 orderly assemblages, and maintaining order at 
 elections and public meetings) ; to patrol the streets for the 
 special purpose of preventing crimes and misdemeanors 
 (with power to arrest persons without warrant when taken in 
 some criminal act) ; to protect the rights of persons and pro- 
 perty ; to inspect places of public amusement and those where 
 liquor is sold; to regulate street traffic so as to prevent 
 blockades; to restrain the crowds which gather at fires, and 
 on other occasions; to care for persons who are injured on 
 the streets; to assist and advise strangers; and in fact, to do 
 all things which relate to the orderly conduct of the city.' 
 
 76. Control of Police Administration. Control of the 
 
 ' In continental Europe, especially in Germany and France, the duties of the police in- 
 clude a close surveillance over inhabitants and visitors, involving the keeping of records of 
 the occupation and movements of an immense number of persons, especially of the criminal 
 and suspicious classes. 
 
62 GOVERNMENT AND POLITICS 
 
 police force and final authority in administration is vested 
 Oommis- either in a single commissioner or in a police 
 i)o«" *° board. The single commissioner system prevails 
 ■yatems jq most of the smaller municipalities of the 
 United States, as well as in such large cities as New York, 
 Chicago, Philadelphia, Boston, Detroit, Minneapolis, and 
 Syracuse. The board system formerly prevailed in nearly 
 all the large cities, and is still found in St. Louis, New 
 Orleans, and many others. 
 
 To aid in securing men who are qualified mentally and 
 morally for their responsible office, the civil service prin- 
 oiTii ciple is appUed to the poKce force in many cities, 
 
 serrioo including those of Massachusetts, New York, and 
 Ohio. Appointments are based upon the results of competi- 
 tive examinations, and tenure of office is permanent, re- 
 moval occurring only for specific cause and after a public 
 hearing. 
 
 In the United States control of the police has generally 
 been left to the municipal authorities with practically no 
 Stite supervision on the part of the State government.' 
 
 supervision Jjowever, the courts have uniformly held that 
 police officers are not private but public or State officers, 
 and that in controlling police the municipalities act merely 
 as agents of the State. Some form of State supervision is 
 justifiable, since the duty to enforce State laws devolves 
 upon the police, and final responsibility for the maintenance 
 of law and order rests upon the State government.^ 
 
 77. Protection from Fire. The nature of city building 
 renders adequate protection from fire one of the most impor- 
 tant municipal functions.' There is considerable diversity 
 in the organization and equipment of fire brigades. Cities 
 
 ^ Exceptdona to this statement occur in Kansas City, St. Louis, Baltimore, San Francisco, 
 Boston, Fall River, Birmingham, and a number of Indiana cities, where the police force is 
 controlled by a board or commissioner appointed by the State government. In most foreign 
 countries, state control or a large degree of supervision is the rule. 
 
 ' The reasons f»r the adoption of a system of State-appointed police have been: (1) gen- 
 eral dissatisfaction with local police management; (S) the neglect of the cities to enforce State 
 laws, especially those in regard to the liquor traffic; (3) partisan political motives. 
 
 > The annual loss from fire in the cities of the United States is about $150,000,000. 
 
MUNICIPAL ACTIVITIES 63 
 
 under 10,000 still depend almost exclusively upon volunteer 
 companies; those between 10,000 and 30,000 commonly 
 have a small force of regular firemen with a large number of 
 call men; while in cities of over 30,000 the entire force usu- 
 ally consists of regulars. Nearly all municipalities with over 
 30,000 inhabitants have steam fire-engines, the pumps of the 
 waterworks furnishing the necessary pressure. In efficiency, 
 equipment, and discipline, American fire departments are far 
 in advance of those of any other country. 
 
 78. Control of Public Health. To control those agencies 
 which threaten the health of its citizens nearly every muni- 
 cipaKty with over 10,000 population has a locally mnnioinai 
 chosen board of health or health officer; while the iioaitii 
 larger cities have a force 01 sanitary inspectors 
 
 and assistants. The duties of the municipal health depart- 
 ment are manifold, but may be classified under three 
 general heads: (1) Precautionary or preventive measures, 
 iacluding regulation of the sale of food products (to prevent 
 unwholesome food or adulterated milk from being offered in 
 the market), regulation of offensive trades, control of the 
 construction of buildings, of ventilation, of smoke consump- 
 tion, drainage, plumbing, and special supervision over the 
 removal of garbage and waste. (2) Control of cases of 
 infectious disease, by requiring physicians to report all such 
 cases to the health department, and by insisting upon 
 isolation of dangerous cases in city hospitals, and the em- 
 ployment of scientific methods of disinfection. (3) Collec- 
 tion of vital statistics, or statistics of births, marriages, and 
 deaths. 
 
 In the United States, as in all the principal countries, a 
 central authority exercises a general supervision over local 
 health officials. State boards of health have been suta bouds 
 estabhshed in forty-three States, with original '^^''^^ 
 authority in certain matters, as well as supervisory powers 
 over local officials. 
 
 79. Public Education. The administration of public 
 
64 GOVERNMENT AND POLITICS 
 
 schools is a most important function of city government, and 
 Boaidoi one for which a large portion of municipal re- 
 eduoauoa venue is expended. In practically all American 
 cities the central authority in control of schools is the board 
 of education or school board.' In some mxmicipalities this 
 board is regarded as one of the several departments of the 
 municipal government; while in others the board of edu- 
 cation is a pubhc corporation, separate and distinct from 
 the city corporation. In the former class of cities the board 
 makes a detailed estimate of the fxmds needed for school 
 purposes during the ensuing year, this estimate being then 
 passed upon by some other municipal authority, generally 
 the city council.^ In the second class of cities the board 
 itself has sole control of taxation for school purposes 
 (provided the levy does not exceed a certain maximum rate 
 fixed by State law) ; and also has the uncontrolled expend- 
 iture of school funds.' 
 
 The size of the school board varies, the common number 
 being five, seven, or nine. Popular election is the prevailing 
 size, term, method of filling the position, although in some 
 and election cities the members are chosen by the mayor or 
 council. Election is either by general or district ticket, 
 that is, members are either chosen by the city at large * 
 or else from certain districts or wards. The term ranges 
 from two to five years. 
 
 In nearly all cities the board of education purchases school 
 
 sites, erects and maintains school buildings, and furnishes 
 
 necessary supplies, sometimes even providing free 
 
 text-books. Other important functions are the 
 
 employment of a superintendent and teachers, adoption 
 
 of courses of study, and selection, of text-books. 
 
 > Buffalo is the only American city of importance in which the public schools are in charge 
 of a committee of the city council. 
 
 ' In this class are Philadelphia, Chicago, San Francisco, Detroit, Newark, Milwaukee, 
 Louisville, Providence, St. Paul, and many others. 
 
 > This is the position of the board of education in Pittsburg, Indianapolis, Boston, Denver, 
 Minneapolis, Omaha, Lincoln, Allegheny, and St. Louis. 
 
 i This is the common plan in the larger cities. 
 
MUNICIPAL ACTIVITIES 65 
 
 The superintendent chosen as head of the educational ad- 
 ministration serves for a term varying from one to six years 
 — generally for two, three, or four years. The guperin- 
 powers of this oflScer vary widely in different tenoentoi 
 cities, but the tendency is to give him a large 
 control over the educational side of school administration, 
 including the appointment of teachers and recommendation 
 of text-books and courses of study, generally subject to con- 
 firmation by the board of education. 
 
 A clerk or secretary is chosen to look after business de- 
 tails, and in a few cities a school director is em- otter 
 ployed to look after the physical side of school '''**"8" 
 administration. ^ 
 
 Within recent years free pubUc libraries, one of the most 
 important aids to education, have had a wonderful develop- 
 ment. Such hbraries are now maintained in pmuo 
 nearly all cities whose population exceeds 25,000, "•>r"i»'' 
 as well as in many smaller ones. Administration of muni- 
 cipal Kbraries is generally in charge of a board of trustees 
 chosen by the mayor or council, or elected by the people. 
 
 80. Public Recreation. Generous provision for pubKc 
 parks is of especial importance in the large cities with their 
 congested population; but the need of such areas 
 is strongly felt in the smaller ones as well. At the 
 present time most cities whose population exceeds 40,000 
 have provided a system of public parks, that is, have pur- 
 chased and set aside tracts of land for public use and recrea- 
 tion. In some municipalities the parks are connected in a 
 chain by means of boulevards or parkways. Provision is 
 frequently made for outdoor sports and for well-equipped 
 park gymnasiums; and botanical gardens and zoological 
 museums are sometimes included. 
 
 Within the last decade there has been a strong movement 
 in favor of municipal playgrounds, which afford an im- 
 portant aid to the physical and moral development of city 
 
 ■ A« in Qeveland, Toledo, and Indianapolis. 
 
66 GOVERNMENT AND POLITICS 
 
 children. At the present time about two hundred American 
 Pnbuo play- cities provide public playgroimds, many of which 
 groimas g^j.g. equipped with apparatus for games and gym- 
 nastics under the charge of competent directors. 
 
 In most cities the management of public parks and play- 
 Admin- grounds is under the control of a small board 
 istoation consisting of from three to five members, either 
 elected by the voters or appointed by some municipal 
 authority. 
 
 8i. Charities and Poor Relief. In the New England 
 States and in New Jersey, poor relief is a municipal function 
 Aimin- even in the smallest towns. Elsewhere it is a 
 isbation uiimicipal function in a majority of the larger 
 cities; while in the smaller ones (as in the rural districts 
 generally), poor rehef is chiefly a coimty function, although 
 the cities often assist in the work. In the municipaUties 
 which carry on public charities, the authority in general 
 charge is either a board of charities (generally unpaid), or 
 a single salaried commissioner. 
 
 The chief methods of affording rehef are (1) through 
 admission to public almshouses and hospitals; (2) outdoor 
 relief, especially in the form of medical assistance 
 of poor to the Sick; (3) mimicipal grants to private charit- 
 
 " * able institutions; (4) the maintenance of pubUc 
 
 employment bureaus through which a systematic effort is 
 made to secure employment for able-bodied persons out 
 of work; (5) the regulation of tenements so as to minimize 
 the evils of the congested residence districts of the great 
 cities. 
 
 82. The City Street. The concentration of heavy traffic 
 in municipalities makes the question of streets a most im- 
 portant problem. Then too the social importance: 
 of the city street can hardly be overestimated, 
 inasmuch as such municipal activities as waterworks, 
 sewers, lighting and heating systems, and urban transporta- 
 tion are absolutely dependent upon the street for their opera- 
 
A VIEW IN CEKTEAL PARK, NEW YORK CITY 
 
 The park is over 2J miles long, and over half a mile wide. It covers 843 acres, of 
 which 185 are in lakes and reservoirs and 400 in forest, wherein over half a million 
 trees and shrubs have heen planted. There are 9 miles of roads, 5i of bridle paths, 
 and 31 of walks. 
 
 "WTLLIAM H. SEWARD PARK, NEW YORK CITY 
 The Girls' Playground. The park provides also grounds for the use of boys. 
 
A PUBLIC BATH FOR BOYS, BOSTON 
 On the bank may bq seen a part of the park and plaj'grounds. 
 
 (Bl/ cowr^esy of the I'loyground Association of America) 
 
 FIELD HOUSE AT SOUTH PARK, CHICAGO 
 
 In addition to playgrounds, out-door gymnasiums, and other recreation facilities, 
 the Chicago parks provide indoor gymnasiums in which organized work is carried 
 
 on through the winter. The TH'icl fi Hnnqpg pontam aign gqggTTVh1^ri-i^»»via oT^fl libra ripq 
 
^ MUNICIPAL ACTIVITIES 67 
 
 tion. These conditions seem to justify the statement that 
 "the control of the streets means the control of the city." * 
 
 The street lines of those American cities which have been 
 systematically laid out have ordinarily followed the rect- 
 angular plan, the streets crossing each other at street 
 right angles. In some cases this plan has been "'"" 
 greatly improved by means of diagonal streets radiating 
 from the center of the city, together with sub-radiations 
 from local centers.* 
 
 The principal materials used for street pavements are 
 cobblestones, granite and Belgian blocks, wooden blocks, 
 bricks, asphalt (sheet and blocks), macadam, and paving 
 gravel. No single material is best in all respects, '""'•''•is 
 and ordinarily the choice will be largely influenced by the 
 question of cost. 
 
 83. Street Cleaning and Removal of Waste. In most cities 
 with over 30,000 population, a considerable portion of the streets 
 is swept at public expense, and a force of men is employed to re- 
 move garbage and other refuse. The primitive method of remov- 
 ing garbage was to dump it upon adjacent land or in a near-by 
 stream. With the rapid increase in urban population, a more scien- 
 tific disposal of waste became imperative, and about seventy cities 
 now employ garbage furnaces or cremators. 
 
 84. Sewerage Systems. Modern sewerage systems date 
 vJiiefly from the middle of the nineteenth century, and at present 
 nearly all cities have underground sewers throughout a large part 
 of their areas. The aim of modern systems is to remove sewage 
 promptly, and dispose of it in such a manner as not to pollute the 
 water, air, or soil. 
 
 The first cost of constructing sewer systems, as in case of 
 grading and paving streets, is usually borne by the abutting pro- 
 perty-owners. The work is ordinarily done under the oonitmo- 
 supervision of the municipality by the contractor mak- tlon ana 
 ing the lowest bid, and the cost collected from the pro- Jn»lnlen- 
 perty-owners by special assessments. In some cities 
 part of the original expense of these improvements is paid out of 
 
 ' Wilcoi, D. P., The American City, p. 29. 
 
 * The best arranged city in America, if not in tbe world, is Washington, planned by s 
 French engineer, L'Enfant, in 1791. The streets range from eighty to one hundred and sixty 
 feet in width, and broad transverse avenues intersect the rectangular streets, forming SOi 
 ■quares and circles comprising 407 acres of land. 
 
38 GOVERNMENT AND POLITICS 
 
 the general fund. The cost of maintaining both streets and sewera 
 is generally borne by the city. 
 
 85. Water Supply. No function is of more vital concern 
 
 to the modern city than that of fiu-nishing its inhabitants 
 
 with an abundant supply of water free from the 
 importsnoo , . , 
 
 specific germs of disease, and fit in every way for 
 
 domestic and industrial uses. With the concentration of 
 
 population, the difficulty of obtaining an adequate water 
 
 supply increases, and the danger of contamination becomes 
 
 greater. The chief sources of supply are the great lakes 
 
 of the St. Lawrence system, flowing rivers, lakes among 
 
 mountains and hiUs, and artesian wells supplemented by 
 
 storage reservoirs. 
 
 Water is supplied by the municipality in most of the 
 
 large cities of the United States, as weU as in many smaller 
 
 MiuUoipai ones. Of 175 mimicipalities with over 25,000 
 
 ownership population, 133 own their waterworks; and it is 
 
 now the almost universal practice for the smaller cities, in 
 
 constructiug waterworks, to adopt municipal ownership. 
 
 The expense of conducting the water department is not 
 
 paid out of taxes, but from rates or charges levied against 
 
 users of the water. 
 
 86. Public Lighting. In the United States gas-works and 
 electric-lighting plants are generally owned and operated 
 Mnnicipai "^^ private companies. Twenty-five cities own 
 and private municipal gas-works as compared with nearly one 
 
 thousand private plants; while about 800 cities 
 own electric-hghting plants as compared with nearly 3000 
 plants under private ownership. Most of the municipal 
 electric-hghting plants are in the central group of States, 
 and generally these are found in the smaller municipalities; ' 
 but a number of important cities including Chicago, Alle- 
 gheny, Detroit, and Grand Rapids own their plants. 
 
 87. Street Railways. Our first street railways were con- 
 structed about the middle of the nineteenth century; and 
 
 * Only twenty-three cities with over 25,000 population have municipal plants. 
 
MUNICIPAL ACTIVITIES 69 
 
 the striking growth of urban population in the following 
 decades has made the question of urban trans- ^^j 
 portation one of increasing importance. Prom andreeent 
 the first the construction and operation of street 
 railways has been in the hands of private companies under 
 franchises granted by the city council. Early franchises were 
 for long periods, commonly fifty to one himdred years, ^ and 
 generally imposed no restrictions upon the company except 
 that of paving the street surface between the tracks. Gradu- 
 ally cities came to realize that franchises have a monetary 
 value, and that they should be granted only under condi- 
 tions which will safeguard the interests of the public. Recent 
 franchises are often limited to a term of twenty years, and 
 provision is sometimes made for payment to the city either 
 of a stated sum, or a certain percentage of the gross receipts. 
 Other common franchise conditions establish a maximum 
 fare (generally three to five cents), provide for imiversal 
 transfers and improvement of the service, and reserve to the 
 municipahty the right to purchase the system. 
 
 88. The Problem of Mtmicipal Monopolies. Writers on 
 economics agree that in industries which are natural mono- 
 pohes (waterworks, gas and electric lighting- Heiiuon 
 plants, street-railway and telephone systems), Natural 
 permanent competition is impossible; but great """"wllM 
 diversity of opinion prevails as to the public policy that 
 should be followed with reference to these undertakings. 
 The following courses are open to the municipality in dealing 
 with natvu-al monopoKes: — 
 
 (1) The city may authorize a private company to perform 
 the serAace in question by granting a franchise without 
 making any effort to safeguard public rights or to secure 
 an adequate return for the privileges conferred — a common 
 policy in the earlier period of municipal history. 
 
 (2) The municipality may grant franchises to private 
 companies under conditions designed to protect the public 
 
 > In a number of cities perpetual franchises were granted. 
 
70 GOVERNMENT AND POLITICS 
 
 interest. This is now the common plan for street-railway 
 and telephone systems, and is often followed in the case of 
 lighting-plants. The principles that should govern the 
 granting of franchises have been summarized by an emiuent 
 writer ^ as follows : — 
 
 (a) Beservation to the municipality of power to determine 
 the charges of public-service corporations. 
 
 (b) Public control of capitalization and public supervision 
 of corporation accounting. 
 
 (c) Limitation of franchise terms to a period ranging from 
 twenty-five to forty years. 
 
 (d) Compensation to the municipality exacted in the form 
 of lower charges rather than large financial retinas. 
 
 (e) At the expiration of the franchise, the plant at its 
 appraised value to revert to the city. 
 
 (3) The city may reserve to itself the ownership of the 
 plant, while authorizing private operation. For example, 
 the waterworks of Denver are owned by the city but leased 
 to a private company; and the same plan is followed in case 
 of the Philadelphia gas-plant, and the New York and Boston 
 subways. 
 
 (4) Municipal ownership and operation of local public 
 utilities is urged by many as a remedy for the evils attend- 
 ant upon our present franchise system. 
 
 89. Arguments for Municipal Ownership. The chief ar- 
 guments in favor of municipal ownership are : — 
 
 (1) Public ownership eliminates one of the greatest evils in muni- 
 cipal government — the corruption of officials by private corpora- 
 tions desiring to secure franchises or other privileges. On this 
 point Professor Ely says: " Our terrible corruption in cities dates 
 from the rise of private corporations in control of natural mono- 
 polies, and when we abolish them we do away with the chief cause 
 of corruption." 
 
 (2) Public ownership gives a fuller and more efficient service, 
 securing the enlargement and extension of facilities as public 
 needs may require. Private companies supply only those services 
 which pay, public ownership those which are needed. 
 
 ^ Rowe, L. S., Problems oj City Government, p. 239. 
 
;ftl,r ir.lropntilnii Watrr and S'}inrnr,e Jlnanl) 
 
 A pumping-station of the Metropolitan Water IVni-iis a( ^.he Chestnut Hill Keser- 
 voir, Boston, Mass. The building contains four pumping-engines whose cnmbined 
 capacity is 145,000,000 gallons of water daily. Eighteen different cities and towns 
 are served by the system of which this is a part. 
 
 
 A section of the Stony Brook Conduit, Boston, Mass. When completed, this conduit 
 will be about 3J miles in length, and will drain an area of about 60 square miles 
 formerly subject to inundation from the oyerflowing of Stony Brook and its tribu- 
 taries. The conduit provides an underground channel for this stream through 
 which the water is conducted into the Charles Biver. 
 

 TWO VIEWS OF THE SAME SCHOOL-YARD IN CLEVELAND, OHIO 
 
 ThB- upper shows the uusightliness resulting from neglect; the lower, the effect of 
 ma£ing the yard into a school-garden. 
 
MUNICIPAL ACTIVITIES 71 
 
 (S) Public ownership lowers rates to the community, since the 
 public plant does not have to pay dividends on watered stock, 
 or maintain a lobby or corruption fund, or buy out rival plants, or 
 advertise or solicit business. 
 
 (4) Public ownership secures impartial treatment for all con- 
 sumers, eliminating secret rebates and other forms of discrimina- 
 tion. 
 
 (5) Better treatment of labor is claimed for public ownership, as 
 well as the elimination of strikes and lockouts. 
 
 (6) Public ownership aids civil service reform, since it necessi- 
 tates the merit system in municipal administration. 
 
 (7) The spirit of cooperation is promoted and civic interest en- 
 couraged, thereby fostering better citizenship. 
 
 (8) Public ownership tends to a diffusion of wealth, whereas 
 private ownership of natural monopolies tends to concentrate 
 wealth in the hands of a few. 
 
 90. Argtunents against Municipal Ownership. The 
 principal arguments against municipal ownership are as 
 follows: — 
 
 (1) The present corruption and ineflSciency of our city govern- 
 ments would be greatly increased by enlarging the number of posi- 
 tions which would become the spoils of the successful political 
 party. 
 
 (2) Public ownership is non-progressive, and would not expand 
 facilities as rapidly as private ownership, which secures large in- 
 vestments of capital through the inducement of large financial 
 returns. Compare in this respect the state-owned railroads of 
 Europe with the private-owned roads of the United States. 
 
 (3) Public ownership would not lower rates, as public manage- 
 ment is generally less efficient and economical than private manage- 
 ment. The history of the Philadelphia gas-plant under municipal 
 and under private operation is cited in proof of this claim. 
 
 (4) Public ownership would increase enormously the bonded 
 indebtedness of the municipalities, since the private plants would 
 have to be purchased or new municipal plants erected. 
 
72 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Ashley, Roscoe L., The American Federal State (1903), sees. 497-515. 
 Beard, C. A., American Government and Politics (1910), ch. xxviii. 
 
 Readings in American Qovernment and Politica (1910), ch. xxvin. 
 
 Bemis, E. W., Municipal Monopolies (1899). 
 
 Couklmg, A. R., City Government in the United States (1894), chs. iv-xvii. 
 
 Eaton, Dorman B., The Government of Municipalities (l899), chs. xv-xvii. 
 
 Eliot, Charles W., American Contributions to Civilization (1898), no. vii. 
 
 Pairlie, John A., Municipal Administration (1901), chs. viii-xii. 
 
 Goodnow, F. J., City Government in the United States (1904), chs. ix-xiil. 
 
 Howe, F. C, The British City (1907). 
 
 Maltbie, Milo Roy, Municipal Functions (1898). 
 
 Parsons, Frank, The City for the People (1901). 
 
 Robinson, Charles M., The Improvement of Towns and Cities (1901). 
 
 Rowe, L. S., Problems of City GovernmerU (1908), chs. x-xiv. 
 
 Whinery, S., Municipal Public Works (1903). 
 
 Wilcox, Delos F., The American City (1904). 
 
 WiUard, Charles D., City Government for Young People (1906), chs. ix-xxix. 
 
 Wright, Carroll D., Outline of Practical Sociology (1899), ch. rx. 
 
 Zueblin, Charles A., A Decade of Civic Development (1905). 
 
 American Municipal Progress (1903), chs. ii-x. 
 
 QUESTIONS AND EXERCISES 
 
 1. Is authority over poUce administration in your city vested in a single 
 individual, or in a board of commissioners? Does the State government 
 exercise any direct control in police affairs? 
 
 2. Describe the organization of the fire department in your city. How 
 many firemen are employed? What was the cost of police and fire pro- 
 tection in your city last year? 
 
 3. Are the police and fire departments under civil service rules? Give 
 arguments in favor of this plan. 
 
 4. Is your municipal health department under the control of a board, or a 
 single commissioner? Describe the duties and work of this department. 
 
 5. How many members on your board of education? Are they chosen from 
 wards, districts, or at large? What are their terms? Their powers? 
 
 6. Name the principal ofiScers of your board of education, and describe 
 their duties. 
 
 7. How many school buildings in your city? How are the teachers chosen? 
 Does your board provide free text-books? Give arguments for and 
 against this plan. 
 
 8. "What was the cost of public education in your city last year? What 
 per cent of the entire municipal revenues was expended for school 
 purposes? 
 
 9. How many pupils were enrolled in yoiu- public schools last year? In the 
 elementary department? In the high school? How many graduated 
 from high school last year? What per cent of those who enter the first 
 grade complete the high-school course? Why do so large a number of 
 those who enter school fail to complete the course? 
 
 10. Does your city have a free public library? What authority controla it? 
 How many volumes in the library? 
 
MUNICIPAL ACTIVITIES 78 
 
 11. Describe your public park system, stating what authority is in control, 
 and annual cost of maintenance. Name, locate, and give the areas of 
 the principal parks. Are they well located and managed? 
 
 18. Does your city maintain public playgrounds for children? Does it pro- 
 vide municipal baths? 
 
 13. How is poor relief administered in your community? What was the cost 
 last year? In what way is poor relief given? 
 
 14. Is the cost of street paving paid out of the general fund, assessed upon 
 property-owners, or is a combination of the two methods employed? 
 Are your streets well paved? What materials are chiefly employed? 
 Are the streets kept clean and in good repair? Cost of maintenance last 
 year? 
 
 15. Is your water supply under municipal or private control? If the latter, 
 name the authority in charge. How is the cost met? Describe the sup- 
 ply system and the distributing system. 
 
 16. Are your streets lighted by gas or by electricity? Is the plant under 
 public or private control? 
 
 17. Give arguments for and against municipal ownership of waterworks 
 and lighting-plants. 
 
 18. When was the franchise granted under which your street railway oper- 
 ates? When does it expire? What are its provisions respecting rates of 
 fare, transfers, and paving between tracks? May the rates of fare be 
 modified during the term of the franchise? Does the company pay the 
 city an annual sum for the use of the streets? 
 
 19. In awarding a street-railway franchise, should a city aim to secure a 
 large financial return from the company, or should compensation to the 
 community take the form of lower fares to passengers? Why? 
 
 20. Give arguments for and against municipal ownership of street railway!. 
 
CHAPTER VII 
 
 ORIGIN OF STATE GOVERNMENTS 
 
 91. The Establishment of Colonies. All of the original 
 thirteen States with the exception of Georgia were estab- 
 Ooioniai lished as colonies during the seventeenth century, 
 oharters "pj^g early English method of colonization was to 
 grant charters to commercial companies patterned after the 
 famous East India Company. The most notable charters 
 were those of the London and Plymouth Companies under 
 which the colonies of Virginia and Plymouth were estab- 
 lished. The charters generally named the individuals to 
 whom the grant was made, defined in somewhat vague 
 terms the territorial hmits of the colony, and provided a 
 framework of government. Ordinarily the granting of the 
 charter preceded actual settlement; but Rhode Island and 
 Connecticut — foimded by emigrants from other colonies 
 — did not receive charters until after the settlements had 
 been made. 
 
 92. Classification of Colonial Governments. With refer- 
 ence to their internal organization and their relation to 
 Hoyaipro- Great Britain, the American colonies may be 
 ohaitorSa classified as first, royal provinces; and second, 
 ooionigs chartered colonies, including the proprietary and 
 corporate types. The chartered colonies were governed 
 under charters from the British crown which granted them 
 substantial rights of self-government; while in the royal 
 provinces the governor's commission and instructions, and 
 the laws of England so far as applicable, took the place of 
 a charter. In the chartered colonies the absence of a royal 
 governor made imperial control correspondingly weaker; 
 and hence it was the policy of the British government to 
 
ORIGIN OF STATE GOVERNMENTS 75 
 
 transform chartered colonies into royal provinces whose ex- 
 ecutive and judiciary should act directly imder authority of 
 the king. Throughout the greater part of the seventeenth 
 century the chartered colony was the prevailing type;^ but 
 ultimately a majority of these became royal provinces. 
 
 During the haK-century immediately preceding the Amer- 
 ican Revolution, seven of the colonies were royal provinces, 
 namely. New Hampshire, New York, New Jersey, Royal 
 Virginia, North Carolina, South Carolina, and '"'""*•■ 
 Georgia. In these colonies the governor and executive coun- 
 cil were appointed by the crown. 
 
 The proprietary governments included Maryland, Penn- 
 sylvania, and Delaware. In these colonies some favored 
 individual or family — that of Lord Baltimore in propriatary 
 Maryland and of William Penn in the other two '""°"*" 
 — exercised the prerogatives which belonged to the crown 
 in the royal provinces.^ But in both proprietary and royal 
 colonies the government was subject to a considerable de- 
 gree of popular control through representative assemblies 
 whose powers waxed greater from year to year. 
 
 Rhode Island, Connecticut, and Massachusetts were 
 corporate colonies possessing charters which granted them 
 a large degree of independence. In fact, "the cor- ooniaTate 
 porate colonies of New England were practically "'^"^ 
 commonwealths and developed with scarcely any recogni- 
 tion of the sovereignty of England." ' In Connecticut and 
 Rhode Island the people chose the governor and the execu- 
 tive council, as well as the popular assembly. Under the 
 charter of 1629, Massachusetts had similar powers; but 
 the charter of 1691 established a government which was 
 a compromise between the royal and corporate types. 
 
 93. Common Characteristics of the Colonies. Notwith- 
 
 1 Until 1684 only two colonies, Virginia and New Hampshire, were definitely organized as 
 royal provinces. 
 
 ' The proprietary colony was "a miniature kingdom of a semi-feudal type, and the pro- 
 prietor was a petty king." — Osgood, H. L., The Ammcan Colmia in the SevmUmih 
 Cmiury. 
 
 ' Osgood, H. L., The American Cdmiea in the Seventeenth Century, Introduction, p «8. 
 
76 GOVERNMENT AND POLITICS 
 
 standing these differences in governmental organization, the 
 colonies possessed many attributes in common. First, all 
 the colonies were dependencies of the British crown. Sec- 
 ond, the colonists enjoyed the rights of British-bom sub- 
 jects, and claimed the benefit of the common law of England 
 as modified to meet the more democratic conditions of the 
 new world Third, local legislatures everywhere existed, the 
 lower houses of which were chosen by popular suffrage; and 
 these claimed a constantly increasing share in the affairs 
 of government. Fourth, all of the colonies had a system of 
 local self-government patterned more or less closely after 
 English institutions. Finally, nearly all of the colonies had 
 been granted charters during the early part of their history, 
 and had thus grown accustomed to a fundamental law 
 establishing a framework of government; and these charters 
 eventually developed into the written constitutions now 
 common to all the States. 
 
 94. The Colonial Legislature. The colonial legislature 
 ordinarily consisted of two houses.^ The upper branch was 
 Csmposition the governor's council appointed by the crown or 
 onApo-vrers ^j^g governor (except in the corporate colonies). 
 This council had a three-fold character, since it was an 
 administrative body, a high court, and a branch of the legis- 
 lature. The lower house or assembly consisted of represent- 
 atives generally chosen for a term of one year.^ At first the 
 representatives sat in joint session with the governor and 
 his council; but gradually the assembly gained the right to 
 sit apart from the council, and thus became a distinct and 
 independent body, with the right to vote separately upon all 
 legislation. The constitutional history of the colonies is 
 marked by a series of contests between the governors and 
 assemblies, especially over questions of taxation and expend- 
 iture. At the outbreak of the Revolution (1775), the assem- 
 blies had established their right, shared with the council, to 
 
 1 Except in Feanaylvania, Delaware, and Georgia. 
 
 • The first representative assembly in America met in Virginia in 1619. only twelve yean 
 after the founding of the colony. 
 
OEIGIN OF STATE GOVERNMENTS 77 
 
 initiate legislation; and through their power to vote taxes, 
 they had a considerable check upon the executive. 
 
 95. The Colonial Governor. The powers of the colonial 
 governor were large, especially in the early period of colo- 
 nial history and La the royal colonies. ^ The royal 
 governor acted imder direct commission from the 
 
 crown, and had large powers of administration, including 
 the appointment of judges and nearly all other officials. 
 Moreover, in the royal and proprietary colonies the governor 
 controlled the upper house or council, and had at all times an 
 absolute veto upon measures passed by the legislature. In 
 addition to the governor's veto power, the British crown 
 reserved the right to disapprove any colonial legislation 
 — a prerogative from which only Connecticut and Rhode 
 Island were exempt. 
 
 96. Relations with Great Britain to 1760. England's colonial 
 policy down to the Revolution of 1688 was in general a laissez- 
 faire (let-alone) policy, the colonists being left to work 
 
 out their own salvation. Colonization was largely in niaipoUty 
 the hands of private individuals, associations, or cor- 
 porations, acting under authority of royal charters or simply by 
 sufiFerance of the crown. Governmental authority was distributed 
 among a number of separate colonies — of which there were twelve 
 in 1684; and over these Parliament exercised only the slightest 
 control. The territories in America were regarded as the domain 
 of the crown, and not until the time of the Commonwealth (1642- 
 1660) did Parliament concern itself actively with colonial affairs. 
 The period from 1688 to 1715 was marked by an increased inter- 
 est in colonial affairs owing to Great Britain's desire to utilize the 
 resources of the colonies in the development of her own Extension 
 national power. By the navigation acts of the Com- ol imperial 
 monwealth and Restoration governments. Parliament ''™^<'' 
 undertook to regulate colonial commerce and industry in accord- 
 ance with prevalent mercantile theories. Since the existing colo- 
 nial governments could not be relied upon to enforce the acts of 
 navigation and trade, new administrative machinery had to be 
 
 > The royal goTenior enjoyed such high prerogatives in colonial times that the first State 
 constitution-makers, having learned by experience to fear executive authority, usually pro- 
 vided for the supremacy of the legislature and gave their governors very little power." — 
 Beard, C. A., Avitncan Omemmeni and PoHtict^ p. A. 
 
78 GOVERNMENT AND POLITICS 
 
 devised. Accordingly the acts of 1696 established the Board of 
 Trade and provided new customs officials and admiralty courts. 
 The attempt begun by James 11 to vacate the charters of the 
 proprietary and corporate colonies was followed up with a large 
 measure of success; and by the close of 1691 the number of royal 
 governments had been increased from two to five. In general, 
 therefore, this period was one of closer imperial control. 
 
 Then came a change. The years from 1715 to 1740 are known 
 as the period of " salutary neglect " under Walpole, during which 
 P«ilsa of the colonies were improving their opportunities to de- 
 salntary velop along their own lines, and were preparing to as- 
 Bsciaot sume an attitude of independence and later of defiance. 
 
 For the most part the colonists were left to govern themselves; 
 and accordingly they levied their own taxes, legislated on ques- 
 tions of personal and property rights, and in general prospered 
 through Great Britain's neglect. 
 
 The period from 1740 to 1760 was one of war, and naturally the 
 chief interest in colonial affairs was from a military point of view. 
 Praloa ol It ^33 necessary to defend the colonies and at the same 
 oolonlal time to attack the French in the St. Lawrence and 
 
 wais Mississippi valleys. The colonies, especially those 
 
 south of New York, seemed lukewarm in supporting the British 
 troops; and hence the home government favored plans for colonial 
 cooperation in military affairs, a policy which culminated in the 
 Albany Congress. 
 
 97. Policy of Imperialism. At length, when George III suc- 
 ceeded to the throne of Great Britain (1760), a vigorous colonial 
 policy was inaugurated. This monarch sought to rule 
 atoreem ^ ^^'' ^ reign; and his policy for the time arrested 
 political progress in Great Britain, and eventually 
 brought on the American Revolution. After years of laxity toward 
 the colonies, the British government determined to carry out a pol- 
 icy of imperialism, — that is, determined to unify the Empire by 
 asserting the authority of Parliament throughout British domains. 
 The colonial governors and judges were to be made independent 
 of the assemblies; colonial trade regulations were to be vigorously 
 enforced; and regular troops were to be stationed in America and 
 supported in part by colonial taxes. 
 
 The progressive imperial policy was doomed to failure not only 
 Amarioas because its execution was entrusted to such tactless 
 tli«oT7ol ministers as Grenville and Townshend, but also be- 
 oolonlal cause the long years of self-government had made the 
 " " colonists independent in spirit and resolutely opposed tg 
 
ORIGIN OF STATE GOVERNMENTS 79 
 
 surrendering any privileges of self-government. With regard to their 
 relations to Great Britain the colonists made a distinction between 
 allegiance to the crown and subjection to Parliament: the former 
 was conceded, the latter denied. While the authority of Parliament 
 was not utterly repudiated, the colonists insisted that a distinction 
 must be made between general acts of Parliament for the purpose 
 of regulating trade and commerce throughout the entire Empire, 
 and acts which directly imposed taxes upon the colonies. The 
 power of Parliament to regulate navigation and trade by general 
 acts was admitted during the early part of the dispute; but inter- 
 nal taxes the colonists declared could be lawfully levied only by 
 the colonial assemblies. 
 
 Shortly after the close of the French and Indian War, Parliament 
 asserted its right to tax the colonies for the support of the Empire; 
 and even declared its power to legislate for the colonies 
 " in all cases whatsoever." The crown, it was claimed, T.^*?!^^^ 
 could grant no charters exempting the colonies from 
 the supreme legislative authority of Parliament, which prevailed 
 wherever the sovereignty of the crown extended. Hence the col- 
 onists in their new home owed the same subjection and allegiance 
 to the supreme power as if they resided in England. ParUa- 
 ment's legislative power over the colonies was therefore supreme 
 and complete, including the power of taxation as well as of gen- 
 eral legislation. 
 
 98. The Dispute over Representation. The colonists claimed 
 exemption from the general authority of Parliament by virtue of 
 the British constitution itself.* English doctrine run- Tazation 
 ning back to Magna Carta (1215) declared that taxes and rsprs- 
 could be levied only with the consent of the people '"''***'"' 
 given through their representatives; and hence Parliament had no 
 authority to levy a direct tax upon the colonists, since they were not 
 represented in that body. In answer to this it was contended that 
 " virtual representation" satisfied the meaning of the British con- 
 stitution; and in that sense the colonists were represented in Parlia- 
 ment. Much of the bitter controversy that followed arose from 
 the conflicting views of America and Great Britain as to what con- 
 stituted representation. 
 
 In the colonies there had long been a distinct territorial basis for 
 representation; thus in New England the towns, and elsewhere 
 generally the counties, sent representatives to the colonial assem- 
 blies. Moreover, residence within the particular district was com- 
 
 ' Also by virtue of their colonial charters and the "immutable lawg of human nature." — 
 Declaration of Continental Congress of 1774. 
 
80 GOVERNMENT AND POLITICS 
 
 monly required for both voters and representatives. Hence the 
 American maxim " no taxation without representation " meant 
 tiuoiT ol to the colonist that no taxes should be levied except 
 npraaanU- ^y a legislative body in which was seated a member 
 from his district chosen by its voters. 
 
 In Great Britain a very different view of representation pre- 
 vailed. In that country for many years no attempt had been made 
 Rapiesesta- 'to apportion representation according to population.' 
 tlon In areat As a result ancient boroughs like Tavistock or Old 
 Biltaln Sarum with less than a dozen inhabitants continued to 
 
 send one or two members to Parliament; while such flourishing 
 cities as Birmingham, Leeds, Manchester, and Liverpool had no 
 representatives at all. Three hundred and seventy-one members, 
 or more than half of the House of Commons, were chosen by one 
 hundred and seventy-seven persons. Notwithstanding this con- 
 dition, all Englishmen were held to be virtually represented in the 
 House of Commons, since in theory each member of that body 
 represents not a single borough only, but all parts of the Empire.^ 
 
 Hence the British government claimed that the colonists like 
 other Englishmen were virtually represented in the House of Com- 
 TlrtMl mons; and if they did not directly participate in the 
 
 repruenta- election of its members, they were at least no worse off 
 ^°" in that respect than the great body of Englishmen at 
 
 home. The American answer to this argument was, that in England 
 the non-electors were under no personal incapacity to vote and 
 might acquire the franchise, while the colonists could not. Further, 
 in England the interests of the electors were inseparably connected 
 with those of the non-electors, and a statute oppressive to one class 
 would also be oppressive to the other; but the colonists had no such 
 safeguard, for acts oppressive to them might be popular with the 
 English electors. 
 
 99. The Mercantile Colonial System. Underlying the polit- 
 ical causes of the Revolution — ^ disputes over royal prerogative and 
 Eoonomlo questions of parliamentary and colonial rights — was 
 tkeoTV a fundamental economic cause, the colonial system. 
 
 °"'"""'*"8 European powers including Great Britain looked upon 
 their colonies as settlements made in distant parts of the 
 world for the purpose of increasing the wealth of the colonizing 
 country. Colonies were to furnish a market for the production of 
 raw materials which the mother country wanted to buy, and for 
 
 > No new Parliamentary boroughs had been created since the Restoration (1660). 
 « English custom has never required that a member of Commons should be a resident of 
 the district which elects him. 
 
ORIGIN OP STATE GOVERNMENTS 81 
 
 the consumption of manufactured products which the mother 
 country wished to sell. 
 
 In accordance with these doctrines, Great Britain passed a series 
 of acts relating to navigation and trade which were designed to ex- 
 ploit the colonies in the interests of English merchants ^otg oi 
 and manufacturers. These consisted of (1) acts of navi- navigatien 
 gation intended to protect English shippers against "^^^^** 
 foreign competition; (2) acts of trade designed to secure to English 
 merchants a monopoly of colonial commerce; (8) acts giving to 
 English manufacturers a monopoly of the colonial market. 
 
 Although for many years the laws of trade were systematically 
 evaded, this system of economic paternalism was a source of irri- 
 tation and discontent to the robust people living three R.guitg ol 
 thousand miles away from the seat of power. At meroantll* 
 length, at the close of the French and Indian War "''■•"" 
 (1763), the British ministry under Grenville's leadership deter- 
 mined to enforce the acts of navigation and trade in order to help 
 defray the expenses of the war. Accordingly orders were sent to the 
 American custom houses and the British war-vessels on the coast 
 to use every effort to prevent smuggling. The rigorous enforce- 
 ment of these acts threatened the commercial prosperity of the 
 colonies; and the real issue between them and Great Britain be- 
 came one of home rule — whether the colonies were to be allowed 
 to map out their own destinies, or whether they were to be held 
 in permanent tutelage to the British government. Economic free- 
 dom or dependence was thus the fundamental issue. In the words 
 of Bancroft: " American independence, like the great rivers of the 
 country, had many sources; but the head spring which colored all 
 the streams was the Navigation Act." 
 
 lOO. Resistance to Great Britain. The Stamp Act passed by 
 the British Parliament in 1765 marked a crisis in the dispute 
 between the colonies and Great Britain. As internal 
 
 mi,. 
 
 taxes the stamp duties were especially obnoxious to the gttap Att 
 colonists, and in consequence of the universal resistance 
 to the measure it was repealed in 1766; but another act passed at 
 the same time asserted Parliament's power to legislate for the 
 colonies "in all cases whatsoever." 
 
 Shortly after the repeal of the Stamp Act, the British govern- 
 ment under Townshend's leadership determined to try again to 
 tax the colonies for imperial purposes. This time Great 
 Britain endeavored to meet the colonists upon their j^^jg 
 own ground by discriminating between internal and 
 external taxation. Accordingly the Townshend Acts (1767) levied 
 
82 GOVERNMENT AND POLITICS 
 
 duties upon certain imported articles,' and were thus external taxes 
 as defined by the colonists themselves. The proceeds were to be 
 used to pay the salaries of the governors and judges, thus render- 
 ing them independent of the contentious assemblies.^ Writs of 
 assistance were legalized, and the collection of the duties was fur- 
 ther aided by the estabhshment of admiralty courts which should 
 try revenue cases without a jury, thus preventing popular sym- 
 pathy from shielding violators of the law. 
 
 Popular resistance to the Townshend Acts was immediate and 
 widespread. The colonists now abandoned their distinction be- 
 tween internal and external taxation, and denied en- 
 oolonlsts" tirely the power of Parliament to tax the colonies. The 
 right of trial by jury was declared inalienable, popular 
 control of the executive and judiciary was demanded as necessary 
 to free government, and writs of assistance were denounced as 
 illegal. Owing to this vigorous resistance the issue was sharply 
 drawn whether Great Britain had the right to tax her colonies. 
 The British government feared that to surrender the principle of 
 taxation would be to abandon the policy of imperial control. At 
 length Parliament repealed all the Townshend Acts except the 
 tax on tea, thus removing everything but the offense, — " fixing 
 the badge of slavery upon the Americans without service to their 
 masters." ' 
 
 From this time on, the chain of events in colonial history consists 
 of a series of links leading to open rebellion. Non-importation 
 agreements, the so-called Boston massacre (1770), the 
 m^u^oa burning of the Gasp6e (1772), and the Boston Tea 
 Party (1773), showed the resolute attitude of the col- 
 onists. Great Britain, equally determined, replied in 1774 with 
 the five " intolerable acts," and the die was irrevocably cast. 
 Boston's port was to be closed until the townshould pay for the tea. 
 The charter of Massachusetts was annulled, its executive and ju- 
 dicial officers placed under royal control, its town-meetings deprived 
 of nearly all powers of local government. The governor was 
 empowered to send to Great Britain for trial any persons indicted 
 for crimes committed in the suppression of riots or enforcement of 
 the revenue laws. These three statutes constituted the coercive 
 system; and to aid in their enforcement, a fourth act legalized the 
 quartering of troops upon the inhabitants. Finally, the fifth act of 
 
 ' Including glass, lead, painters' colors, paper, and tea. 
 
 ' "The purposes for which the revenue was to be uaed showed clearly that the object o( 
 this legislation was not to regulate trade, bat to assert British supremacy over the colonies 
 at the expense of their political freedom." — Fiske, John, The American Revolution^ l, SI. 
 
 » Junius (ed. of 1799). u, 31. 
 
ORIGIN OF STATE GOVERNMENTS 83 
 
 the series granted religious freedom to the people of Quebec, and 
 extended the boundaries of that province southward to the Ohio 
 River in defiance of the territorial claims of Massachusetts, Con- 
 necticut, New York, and Virginia. This extensive region was to be 
 governed by a viceroy with despotic power; and colonists who came 
 to live there were to have neither popular meetings, nor habeas 
 corpus, nor freedom of the press.' 
 
 To these repressive acts Massachusetts could make but one 
 answer — forcible resistance or absolute submission. Within two 
 days after a copy of the port bill reached Boston, the 
 Massachusetts committees of correspondence addressed ^ arms 
 the committees in all the colonies, recommending non- 
 intercourse with Great Britain. When Governor Gage with four 
 regiments sought to enforce the punishment meted out to Boston, 
 sympathy and fear furnished the hitherto lacking bond of union 
 among the colonies. The Virginia house of burgesses, dissolved by 
 Governor Dunmore, recommended (May 27, 1774) an annual Con- 
 gress of all the colonies " to deliberate on those general measures 
 which the united interest of America may from time to time re- 
 quire." Accordingly, the first Continental Congress assembled at 
 Philadelphia in September, 1774. After several weeks of discus- 
 sion, this body adopted a Declaration of Rights and Grievances, 
 and an agreement or " Association " pledging the colonies to sus- 
 pend trade with Great Britain until redress should be obtained.' 
 But the period of discussion was rapidly nearing a close, and 
 throughout the continent preparations were being made for forc- 
 ible resistance. Within a few months came the appeal to arms. 
 Actual hostilities were precipitated by Gage's efforts to destroy 
 the military stores at Concord (April 19, 1775) ; and the fight at 
 Lexington and Concord marked the beginning of the Revolution. 
 
 lOl. Declaration of Independence. Redress of grievances 
 rather than independence was the aim for which the American 
 patriots took up arms in 1775; but by January of the orowtliol 
 following year it had become evident that there could spirit oi lu- 
 be no middle course between complete separation or "P^""'"'" 
 absolute submission. The growth of a spirit of independence had 
 been greatly increased by the action of the British government in 
 employing the Hessians, and also by the appearance, early in 1776, 
 of Paine's " Common Sense," a widely circulated pamphlet urging 
 separation from the mother country. Beginning with the Mecklen- 
 
 > See the Declaration of Independence wherein the Quebec Act is cited as one of the griev- 
 aaces. 
 
 s The "Association'' was effectually supported by committees of inspection throughout 
 the country. 
 
84 GOVERNMENT AND POLITICS 
 
 burg Resolutions of May, 1775, towns, counties, and colonial legis- 
 latures sent memorials to Congress asking that independence be 
 declared. By May 15, 1776, the sentiment in favor of independence 
 was so strong that Congress passed a resolution recommending to 
 the colonies the formation of State governments, and declaring 
 that the exercise of all authority under the crown of Great Britain 
 should be totally suppressed. 
 
 On June 7, 1776, Richard Henry Lee, of Virginia, moved the 
 adoption of a formal declaration of independence; and a few days 
 Oommlttes later a committee was appointed consisting of Jefferson, 
 ondeclara- John Adams, Franklin, Sherman, and Livingston, to 
 °° draw up such a declaration. The draft was written by 
 
 Thomas Jefferson, and on July 1 the committee made its report, 
 which was formally adopted July 4. 
 
 The Declaration really consists of three parts: the first contains 
 an exposition of political philosophy, based largely upon John 
 Locke's great " Essay on Government "; next follows 
 declaration ^^ enumeration of grievances, twenty-nine in number, 
 put forward as the justification for separation; and the 
 third part consists of the declaration that the united colonies are 
 free and independent States. The adoption of the Declaration 
 marks the birth of a new nation, and the colonies thereupon 
 assumed the title of the United States of America. 
 
 GENERAL REFERENCES 
 
 Andrews, Charles McLean, Cohnial Self-Government (1904). 
 Ashley, R. L., The American Federal State (1903), chs. iii-rv. 
 Bancroft, George, History of the United States (1883), vol. m. 
 Beard, C. A., American Government and Politics (1910), ch. i. 
 
 Readings in American Government and Politics (1910), chs. i-n. 
 
 Cambridge Modem History, vii. The United States (1906), chs. i-ii, v-vi. 
 Channing, Edward, A Student's History of the United States (1904), pp. 130- 
 
 166. 
 Fiske, John, The American Revolution (1891), i. 
 Greene, E. B., Provincial America (1905), chs. i-v, xi, xvi. 
 Hart, A. B., American History Told by Contemporaries, ii, chs. vil-xi, xxi- 
 
 XXV. 
 
 Howard, G. E., Preliminaries of the Revolution (1905). 
 
 Ingram, J. K., History of Political Economy (1888), ch. iv. 
 
 Landon, Judson S., The Constitutional History and Government of the United 
 
 States (1905), chs. i-iii. 
 Macdonald, William, Select Charters and Other Documents (1904), pp. 253- 
 
 396. 
 Osgood, Herbert L., The American Colonies in the Severdeeivth Century (1904) 
 Schouler, James, Constitutional Studies (1904), pp. 9-28. 
 Story, Joseph, Commentaries on the Constitution of the United States (6th ed.. 
 
 1905), sees. 1-217. 
 
ORIGIN OF STATE GOVERNMENTS 85 
 
 Thorpe, Francis N., Conslitutional History of the United Statet, i, pp. 1-165. 
 Thwaites, R. G., The CoUmies (1904). 
 
 Van Tyne, C. H., The American Revolution (1905), chs. i-ii. 
 Woodbum, James A., The American Republic and its Gotemment (1908), 
 ch. I. 
 
 QUESTIONS AND EXERCISES 
 
 1. Point out the analogy between the colonial charters and our State con- 
 stitutions. 
 
 i. State facts tending to justify the statement that the colonial governor 
 was a reduced copy of the British king. 
 
 5. Prepare a report upon the mercantile colonial system. 
 
 4. Describe the transition from colonial to State governments. (Bryce, 
 James, The American Commonwealth, i, ch. xxxvii.) 
 
 6. Contrast the American and British theories of representation during 
 the eighteenth century. 
 
 6. When was the British Parliament reformed and made really represent- 
 ative? Effects of this measure? 
 
 7. Explain the difference between a revolution and a rebellion. Give 
 instances of each in British and American history. 
 
 8. State and discuss the principal causes of the American Revolution. 
 
 0. Name the principal grievances enumerated in the Declaration of Inde- 
 pendence. 
 
 10. Compare the declarations of rights of 1765 and 1774 with the Declara- 
 tion of Independence, showing the growth of the spirit of self-govern- 
 ment. 
 
 11. Is taxation without representation always tyranny? Have we any 
 instances now of taxation without representation? 
 
 12. What were the chief political effects of the Declaration of Independ- 
 ence? 
 
 18. What was the effect of the American Revolution upon British politics? 
 
 Upon the political situation in France? 
 14. Compare our Revolution with the French Revolution as to causes, 
 
 character, and results. 
 
CHAPTER VIII 
 
 STATE CONSTITUTIONS 
 
 102. Early State Constitutions. New Hampshire,* South 
 Carolina, Virginia, and New Jersey adopted State constitu- 
 tions before independence was declared; and by 
 
 Adoption , 
 
 1780 all the States except two had followed their 
 
 example. The two exceptions were Connecticut and Rhode 
 Island, whose ancient charters were so liberal that with 
 slight changes they served for many years as State constitu- 
 tions.* Of these eleven early constitutions, only that of 
 Massachusetts was submitted to popular vote for ratifica- 
 tion, a practice now almost invariable; but the conventions 
 and congresses which framed the others acted in a repre- 
 sentative capacity. 
 
 The great significance of the Revolutionary constitutions 
 lies in the fact that for the first time in history the people 
 
 _. .„ had ordained written constitutions superior to 
 
 SlgnlUoanoe ... 
 
 and limiting the government, and alterable only 
 
 by the people themselves.' The leading features of these 
 
 constitutions were undoubtedly suggested by the colonial 
 
 charters, which were modified to meet the new conditions 
 
 created by the Revolution. 
 
 103. Parts of the State Constitutions. The early State 
 Early con- constitutions ordinarily consisted of two parts: 
 sUtuUoM £pg^^ ^jjg ^jjjj q{ rights, an enumeration of the civil 
 and political rights of the individual; and second, an outline 
 
 1 On January 5, 1776, New Hampshire adopted the first State constitution formed by the 
 people. 
 
 > Connecticut adopted a new constitution in 1818, Rhode Island in 1842. 
 
 ' A State constitution has been defined by Bryce as "a comprehensive fundamental law, 
 or rather group of laws included in one instrument, which has been directly enacted by the 
 people of the State, and is capable of being repealed or altered, not by their representa- 
 tives, but by themselves alone." — Tbt American Commonwealth, u p. 427. 
 
STATE CONSTITUTIONS 87 
 
 of the general framework of government, providing for 
 executive, legislative, and judicial departments, and pre- 
 scribing the qualifications for the suffrage. 
 
 In addition to the foregoing, modern constitutions com- 
 monly contain a large number of miscellaneous provisions 
 relating to finance, education, corporations, taxa- Monni oon- 
 tion, and public institutions. The method of """"""m 
 constitutional amendment is also prescribed; and sometimes 
 a schedule is added providing for the method of ratification, 
 and for the transition from the previous constitution to the 
 new one. 
 
 104. Bills of Rights. Seven of the original thirteen States 
 
 inserted in their first constitutions a declaration of the 
 
 fundamental rights of the individual, and their _ .^ 
 
 Orlcln 
 example has since been generally followed. These 
 
 declarations are the legitimate successors of such great Eng- 
 lish bills of rights as Magna Carta (1215), Petition of Right 
 (1628), and the Bill of Rights (1688); and they also re- 
 aflBrm the principles of the American declarations of rights 
 as avowed by the Stamp Act Congress (1765), the first 
 Continental Congress (1774), and finally the Declaration 
 of Independence (1776). ^ 
 
 The bill of rights commonly afiBrms the general principles 
 of republican government, that all powers are inherent in 
 the people and all free government formed by their 
 authority; that elections sliall be free and equal; 
 and that the laws shall not be suspended except by the legis- 
 lative assembly. Generally the fundamental rights of the 
 individual are also asserted — that all men have certain in- 
 alienable rights, including those of enjoying and defending 
 liberty, and acquiring and possessing property. Other im- 
 portant safeguards against oppression or injustice are often 
 added, including guaranties of the right of free speech, trial 
 
 * "The colonists had in vain contended that an act of Parliament against Magna Charta 
 was void, and they therefore were explicit in defining the rights of the people which their own 
 governments must not invade." — Landon, J. S., The Constitutional History and Government 
 oftke United States, p. 60. 
 
88 GOVERNMENT AND POLITICS 
 
 by jiiry, the free exercise of religious worship, and the right 
 peaceably to assemble and petition the government for 
 redress of grievances.^ 
 
 IDS. Early State Legislatures. The legislature consti- 
 tuted the most prominent feature of the early State govern- 
 ment, and its authority was unrestricted except by 
 the bill of rights. Notwithstanding this large 
 power, the duties of the early legislature were few, since the 
 simple agricultural life of the eighteenth century involved 
 few of the problems which confront the modem industrial 
 State. 
 
 With the exception of Georgia and Pennsylvania, all 
 legislatures consisted of two branches, a lower and an upper 
 house, each designed to act as a check upon 
 the other. Members of the lower house were 
 everywhere chosen for a term of one year; while in a few 
 commonwealths the members of the upper house were 
 elected biennially. 
 
 io6. The State Executive. Protracted contests with the 
 royal governors had inspired the colonists with a profound 
 Distnut oi distrust of executive power; and this feeling is 
 txeontiva reflected in numerous provisions of the early con- 
 stitutions. The short term, the limited authority, 
 and the ineligibiUty of the governor to succeed himself in 
 office were intended to prevent any danger of executive 
 tyranny. The governor had the mihtary powers formerly 
 exercised by his colonial predecessor, but in most States he 
 could not veto a bill,^ or grant a pardon, or make appoint- 
 ments except to minor mihtary and judicial offices. In 
 several commonwealths the governor's power was further 
 restricted by means of an executive council modeled partly 
 after the British Privy Council and partly after the colonial 
 executive council. In five States the governor was chosen 
 by the people, in the others by the legislature. 
 
 ^ For a typical bill of rights, see article l of the constitution of New York. 
 • The Massachusetts constitution of 1780 set the precedent for future practice by confer* 
 ling a limited veto which the legislature might overrule by a two-thirds vot«. 
 
STATE CONSTITUTIONS 89 
 
 107. The Judiciary. The judicial power was vested in 
 courts whose judges were either appoiated by the executive 
 or elected by the legislature. Good behavior was 
 
 the judicial term originally adopted by a majority 
 of the States. Of the three departments of government the 
 judiciary was least afiFected by the Revolution. The prin- 
 cipal change was the separation of legislative and judicial 
 functions, the legislatures being deprived of any judicial 
 powers formerly exercised. Another reform consisted in de- 
 fining more accurately the jurisdiction of the various courts. 
 
 108. Checks and Balances. The governmental checks 
 and balances which formed a prominent feati^e of the early 
 constitutions have been retained and elaborated separttjon 
 in more recent ones. The most important of these "' s""" 
 is the separation of the executive, legislative, and judicial 
 powers ' by the creation of distinct departments for the 
 exercise of each power. Upon legislative action there is now 
 (although not in early constitutions) the check of the execu- 
 tive veto; upon the executive and judiciary the legislature 
 has a restraint through the power of impeachment; and 
 finally, the judiciary constitutes a check upon both legis- 
 lature and executive, since it may declare legislation imcon- 
 stitutional, and may restrain executive agents from acts in 
 excess of their authority. 
 
 The second great principle included under the term 
 "checks and balances" is that of division of powers between 
 the State and federal government on the one ditIbIoh 
 hand, and between the State and local govern- •'p"^'" 
 ment on the other. Through this division each government 
 is entrusted with those functions which it is best adapted to 
 perform, and encroachment by one authority upon another 
 is prevented by written constitutions defining the powers of 
 each government. 
 
 > The first elaborate discussion of the principle of separation of governmental powers vas 
 that of the great French publidst, Montesquieu, whose work V Esprit det Loi» (The Spirit of 
 the Laws), was published in 1748. Montesquieu wrote of the British government where 
 leparation of powers had ceased to exist in fact. Parliament having become the all-powerful 
 element of the British govermnent. 
 
90 GOVERNMENT AND POLITICS 
 
 109. Development of State Constitutions. Three periods 
 may be distinguished in the development of State constitutions: 
 first, from 1776 to 1800 (including the Eevolutionary constitu- 
 tions and the new constitutions adopted within the next twenty 
 years);' second, from 1800 to the Civil War; third, from the Civil 
 War to the present time. 
 
 110. Second Period, 1800-1860. The period from the begin- 
 ning of the nineteenth century to the Civil War is marked by the 
 
 democratic spirit which everywhere left its imprint 
 W™r"''° "P°° political institutions. The principle became 
 
 firmly established that a constitution should be framed 
 by a special convention called for that purpose, and subsequently 
 ratified by popular vote. The property qualifications formerly 
 prescribed for voters were replaced in most commonwealths by 
 universal manhood suffrage. The election of the governor was 
 taken from the legislature and given to the people; and in most 
 States the judiciary likewise became elective. 
 
 Executive councils and councils of revision gradually disap- 
 peared, and in several commonwealths the governor's power was 
 ExecutlTs further increased by granting him a limited veto, 
 iiid loglalat- Legislative power was somewhat restricted, first, by 
 iTa author- prohibiting its exercise in certain directions; and 
 
 second, by introducing into the constitution a large 
 body of ordinary law upon subjects which in earlier days would 
 have been left to legislative discretion. 
 
 111. Third Period, i860 to the Present Time. Three 
 
 important characteristics mark the third period in 
 md the development of State constitutions. First, the 
 
 Judiciary tendency to strengthen the executive and judicial 
 Btrengtli- departments. The terms of the governor and judges 
 have been lengthened; and except in a single State 
 (North Carolina), the governor has been entrusted with a limited 
 veto upon legislation. 
 
 The second characteristic is the placing of important limitations 
 LoglslatlTB upon the power of the legislature. The limitations most 
 powar commonly found are those upon special legislation, 
 
 rasmctel concerning internal improvements, restricting the 
 amount of indebtedness which may be incurred during any one 
 year, and limiting the length of the legislative session. 
 
 A third characteristic is the enlarging of the field of administra- 
 tive activity. The agricultural State of the eighteenth century 
 
 ^ The leading characteristics of the first period of constitutional developmcDt have been 
 pointed out in Sections 102-107. 
 
STATE CONSTITUTIONS 91 
 
 has been succeeded by the modern industrial State, and the field 
 of governmental activity has broadened accordingly. Admln- 
 Hence recent constitutions include numerous provi- Utrativ* 
 sions concerning the public schools, charitable and re- "'""'' 
 formatory institutions, regulating the hours of labor and condi- 
 tions in factories and workshops, protecting the public health, 
 suppressing lotteries and gambling, regulating corporations, and 
 providing for the government of municipalities. 
 
 112. Enactment of State Constitutions. Many of the 
 Revolutionary constitutions were drawn up by conventions 
 or congresses which constituted the temporary bkIt 
 form of government; and Massachusetts alone J"""'*"* 
 (in 1780) adopted the method of procedure since commonly 
 observed of electing delegates to a convention for the ex- 
 press purpose of framing a constitution, and afterwards 
 submitting the instrument thus drafted to the people for 
 approval. 
 
 The States which have been admitted to the Union since 
 1789 have entered it as organized self-governing commun- 
 ities, with constitutions already formed. When j^jmj„j„j, 
 
 Congress decides to admit a territory to state- oinew 
 , . . 1 Statis 
 
 hood, it may pass an act empowermg its people 
 
 to hold a convention and enact a constitution; or Congress 
 
 may accept and confirm a constitution previously drawn 
 
 up by a territorial convention. 
 
 113. Amendment of State Constitutions. Three different 
 methods have been evolved whereby State constitutions 
 may be amended. (1) About two thirds of the States pro- 
 vide for amendment by a constitutional convention com- 
 posed of delegates elected by the voters. (2) Another gen- 
 eral method of amendment, found in all States except New 
 Hampshire, is through legislative action subsequently rati- 
 fied by popular vote. (3) Within the last decade several 
 commonwealths have adopted a method of amendment en- 
 tirely independent of the legislature, through the popular 
 initiative and referendum. 
 
 114. Amendment by Constitutional Convention. The 
 
92 GOVERNMENT AND POLITICS 
 
 convention method is universally employed when it is de- 
 sired to adopt a new constitution to replace the existing one. 
 Sometimes the State constitution itself provides for such 
 conventions at regular intervals; and in seven common- 
 wealths, the constitutions require a periodical vote of the 
 people (once in seven, ten, sixteen, or twenty years) upon 
 the question whether a convention shall be called. Else- 
 where the initiative is left to the legislature, which may de- 
 clare by vote or resolution in favor of a convention. ^ After 
 notice by publication, a vote of the people is taken on the 
 question of calling a convention, and the legislature then 
 acts in accordance with the result of the popular vote. If 
 the majority has been favorable, the legislature arranges for 
 the election of delegates to the convention, ordinarily from 
 districts throughout the State; and also fixes the time and 
 place for the convention sessions. After the convention has 
 completed its work, the common practice is to submit the 
 new constitution to the voters for their approval or dis- 
 approval.^ 
 
 115. Amendments proposed by Legislatures. Fre- 
 quently, separate constitutional amendments are adopted 
 Piovosai which do not involve revision of the entire instru- 
 ana ment. These are usually proposed by the legis- 
 
 lature and then submitted to popular vote. In 
 some States only a majority vote of the legislature is re- 
 quired for the proposal of amendments, but generally a 
 special majority in each house is required, as two thirds or 
 three fourths of the members. In several commonwealths 
 amendments cannot be considered imtil they have been 
 proposed by two successive legislatures. After the amend- 
 ment is proposed, it must be ratified by the voters, special 
 majorities of the popular vote being sometimes required. 
 
 • A majority of the States require a two-tliirda vote of the members of both houses in order 
 to pass such a resolution. 
 
 * Of one hundred and fifty-seren constitutional conventions down to 1887, one hundred 
 and thirteen submitted their work to the people and forty-four did not. — Jameson, J. A., 
 Constitutional Conventions, p. 406. Sometimes an absolute majority of all qualified voters is 
 rtquired for ratification; generally only a majority of the votes cast at the polls. 
 
STATE CONSTITUTIONS 08 
 
 Ii6. Amendment through the Initiative and Referendum. 
 A third method of amendment, that of the initiative and 
 referendum, is found in several commonwealths. For ex- 
 ample, in Oregon eight per cent of the legal voters may pro- 
 pose an amendment by petition. The proposal must be sub- 
 mitted to the voters, and if it receives a majority of all votes 
 cast thereon, it becomes a part of the constitution. A some- 
 what similar method prevails in Oklahoma. 
 
 117. Authority of State Constitutions. The constitution 
 together with its amendments constitutes the supreme or 
 fundamental law of the commonwealth, to which g™„j„g „ 
 aU authorities, executive, legislative, and judicial, ftmoamontai 
 are subordinated. It is to be regarded as an or- 
 ganic law made by the people themselves acting through 
 special conventions; and its high authority is owing to the 
 fact that its enactment is a direct exercise of popular sover- 
 eignty. Hence the constitution overrides all minor State 
 laws, and any act contrary to its provisions is nuU and 
 void, and will be so declared by the courts if the act be 
 drawn in question. On the other hand, the State constitution 
 must not conflict with any provision of the federal constitu- 
 tion, or with any federal statute or treaty authorized under 
 that instrument. If it is claimed that such a conflict exists, 
 the ultimate decision will be made by the federal courts. 
 
 GENERAL REFERENCES 
 
 Ashley, R, L., The American Federal State (1903), pp. 344-350. 
 
 Baldwin, Simeon E., Modem Political Institutions (1898), ch. iii. 
 
 Beard, C. A., American Government and Politics (1910), pp. 78-98, 445- 
 
 460. 
 
 Readings in American Government and Politics (1910), ch. v. 
 
 Black, H. C, Handbook of American Constitutional Law (1897),chs. i, m. 
 Borgeaud, Charles, Adoption and Amendment of Constitutions in Europi 
 
 and America (1893). 
 Bryce, James, The American Commonwealth (1907), 1, chs. xxxvn-xxxnn. 
 Cleveland, F. A., The Growth of Democracy in the United States (1898), ch. v. 
 Cooley, Thomas M., Constitutional Limitaiions (190S), ch. m. 
 Dealey, J. Q., Our State Constitutions (1907). 
 Hart, A. B., Actual Government (1903), ch. in. 
 Hitchcock, H., American State Constitutions (1887). 
 
94 GOVERNMENT AND POLITICS 
 
 Jameson, J. A., Constitutional Conventions (4th ed., 1887). 
 
 Lalor, John J., Cyclopedia of Political Science (1881), I, "The Constitutional 
 
 Convention. " 
 Landon, Judson S., The Constitutional History and Government of the United 
 
 States (1903), ch. iv. 
 McClain, E., Constitutional Law in the United States (1905), ch. ii. 
 Phillips, J. B., Recent State Constitution- Making; University of Colorado 
 
 Studies (1904). 
 Schouler, James, Constitutional Studies (1904), pp. 45-69. 
 Thorpe, F. N., Constitutional History of the United States (1901), i, pp. 166- 
 
 184. 
 
 The Federal and State Constitutions (1909). 
 
 Woodbum, James A., The American Republic and its Government (1908), 
 
 pp. 342-348. 
 
 QUESTIONS AND EXERCISES 
 
 1. When, by whom, and under what circumstances was the constitution 
 of your State made? 
 
 2. Was it ratified by popular vote? Why should the people vote upon this 
 question? 
 
 3. How many constitutions has your State had in all? Has any proposed 
 constitution ever been rejected by the voters? 
 
 4. Does the present constitution of your State lack any of the parts named 
 in Section 103? 
 
 5. If there is a bill of rights, make a list of the rights enumerated. Com- 
 pare with those asserted in Magna Carta, the Bill of Rights (1688), 
 the Declaration of Independence, and the Constitution of the United 
 States. 
 
 6. Give reasons for the increased number of miscellaneous provisions in- 
 serted in recent State constitutions (Sec. 111). Compare the number 
 and content of the miscellaneous provisions in your State constitution 
 with those of a recent constitution, e. g., Oklahoma, and also with those 
 of an older constitution, e. g., Massachusetts. 
 
 7. How many amendments have been added to your State constitution? 
 Make an outline showing in a few words the general subject-matter of 
 each amendment. 
 
 8. Compare the amendments of your State constitution with those of the 
 constitution of some other State. 
 
 9. Describe in detail the method by which your State constitution may be 
 amended, giving (a) the method of proposing amendments, and (b) the 
 method of ratification. 
 
 ;iO. Suggested readings on State constitutions : Kaye, P. L., Readings in 
 CivU Government, pp. 261-281. 
 
CHAPTER IX 
 
 THE STATE LEGISLATURE 
 
 ii8. Composition of the Legislature. The State legisla^ 
 ture or general assembly invariably consists of two houses, 
 the smaller of which is called the senate, the more a two- 
 numerous being styled the house of representa- '""'^•'"''y 
 tives, or assembly, or house of delegates.' The two houses 
 have practically equal powers, differing chiefly in the num- 
 ber of members, in the length of their term, and in certain 
 special duties imposed upon each branch. The average 
 membership of the senate is about thirty, while the house of 
 representatives is generally three or four times as large. 
 
 For the purpose of electing members the States are di- 
 vided into numerous senatorial and house election districts, 
 the senatorial districts being considerably larger EUotion 
 than the house districts.^ In many common- '"'''^'''* 
 wealths the county is the unit for districting, each county 
 electing one or more members to the house, according to its 
 population; while several counties are united into a single 
 district to elect a senator. 
 
 An objection frequently urged against our method of 
 electing legislators is that these officers represent not the 
 entire body of voters, but the majority only. j|ji„„ity 
 Various plans of securing minority representation representa- 
 have been proposed. One of these is the cumulat- 
 ive vote, which gives each elector as many votes as there are 
 places to be filled, and allows him to distribute his votes as 
 
 > Three Statea^ Pennsylvania, Georgia, and Vermont, have experimented with legis- 
 latures consisting of a single house, but at present the two-house plan is universal. 
 
 • In New England (excepting Massachusetts), each town ordinarily elects one or mart 
 members of the lower house of the legislature. 
 
96 GOVERNMENT AND POLITICS 
 
 he pleases.' By concentrating their votes upon one candi- 
 date, a large minority in any district is thus assured of repre- 
 sentation. 
 
 119. The Members of the Legislature. Members of the 
 legislature are chosen by voters possessing the qualifications 
 QnaUiica- as to age, citizenship, and residence prescribed by 
 *^°'^^ the State constitution. Several commonwealths 
 also have an educational or property qualification. As a 
 rule, a person qualified to vote is eligible to membership; 
 but holders of public office, State or federal, are generally 
 disqualified from sitting in the legislature. In a few com- 
 monwealths, the age qualification for the Senate is higher 
 than that for the house. In all States, either by law or cus- 
 tom, members must reside in the district from which they 
 are elected. 
 
 The term of a senator is generally longer than that of 
 a representative, although in nineteen commonwealths it 
 Term ana is the same. In most of the States, senators are 
 salary elected for four years, while the common term for 
 
 representatives is two years. ^ In twenty -four States the 
 senate differs from the house in being a continuous body, 
 only half of its membership being renewed at one time. 
 Senators and representatives receive the same compensa- 
 tion, either an annual salary or a per diem compensation 
 based upon the length of the legislative session. 
 
 120. Organization and Procedure. The time for the 
 meeting of the legislature is fixed either by the State con- 
 Legisiativa stitution or by statute. Ajinual sessions, formerly 
 seaiions j-j^g common practice, are now held in only six 
 States; ' while elsewhere sessions are biennial.^ Special 
 
 1 This is the method followed in Illinois in the election of members of the lower house of 
 the legisl&ture. Three representatives are chosen from each district, and the voter may cast 
 as many votes for one candidate as there are representatives to be elected, or may distribute 
 his votes or equal parts thereof as he sees fit. 
 
 2 Massachusetts retains the old practice of annual elections for both senators and repre- 
 sentatives; New York and New Jersey elect representatives annually. 
 
 8 Georgia, Massachusetts, New Jersey, Rhode Island, New York, and South Carolina. 
 * Except in Mississippi and Alabama, where the regular meetings are held every four 
 years. 
 
THE STATE LEGISLATURE 97 
 
 sessions may be called by the governor if occasion requires, 
 or the legislature itself may adjourn to meet later in special 
 session. The length of the session is often restricted to 
 forty or sixty days. In case the two houses fail to agree 
 upon a time for adjournment, the governor may adjourn 
 them. The legislature sits at the State capitol, or State 
 house, each branch having its separate chamber. 
 
 The internal organization follows closely that of Con- 
 gress. Each house chooses its own officers (except that 
 the Ueutenant-governor is frequently the presiding 
 officer of the senate). In each house there is a 
 body of standing committees, generally appointed by its 
 presiding officer, and a group of party leaders who act as 
 a steering committee. Some legislatures, following the pro- 
 cedure in Congress, have a committee on rules which de- 
 termines the order in which measures shall be considered. 
 Each house determines its own rules of procedure; exercises 
 the exclusive right of deciding upon the election and 
 quahfications of its members; keeps a journal or record of 
 its proceedings; disciplines members for disorderly or 
 contemptuous behavior, even to the extent of expelling 
 them; "^ and punishes persons guilty of contempt of the 
 house or breach of its privileges. The legislature has the 
 power to compel the attendance of witnesses and the pro- 
 duction of papers when necessary to obtain information in 
 aid of legislation; or it may appoint committees and in- 
 vest them with these powers. 
 
 During the sessions, members of the legislature are priv- 
 ileged from arrest on civil process; ^ and they piiTiieBtB 
 also have the privilege of freedom of speech as to "' "'J"""* 
 utterances made in the discharge of their official duties. 
 
 1 A two-thirds vote is ordinarily required to expel a member. 
 
 » " The object of the privilege from arrest is to exempt members from being interfered with 
 by judicial procedure while in the discharge of their duties. At other times and in other re- 
 spects they are subject to the jurisdiction of the courts as fully as private persons. Indeed, 
 the exemption is of httle practical value, as arrest or seizure of the person is no longer gener- 
 ally authorized except for crime, and all crimes of a serious nature are included within the 
 description of treason, felony, and breach of the peace." — McCIain, E., Coiutitutional 
 Law in the United Statea, p. 69. 
 
98 GOVERNMENT AND POLITICS 
 
 121. The Enactment of Laws. No law can be passed 
 except by bill, which may be defined as "a written draft 
 introflnotioa of a proposed act of legislation." ^ A bill may 
 of Mils originate in either house (except bills for raising 
 revenue, which under most constitutions must originate in 
 the lower branch) . Bills may be introduced by any member, 
 or by a committee, or by a message from the other house.* 
 
 Upon introduction the bill is read (usually by title only), 
 and referred to the appropriate standing committee. If 
 PiooBssol favorably considered by the committee, it is 
 legisiatioa printed and reported back to the house with such 
 amendments as the committee may favor. The bill now 
 receives its second reading,' being read and debated section 
 by section, and may be adopted, rejected, amended, referred 
 back to the committee, or referred to the committee of 
 the whole * for further consideration. If the bill passes upon 
 second reading, it is generally referred to the committee on 
 revision. It is then engrossed, that is, copied in legislative 
 script, after which it is reported back to the house for its 
 third reading and final vote. Many constitutions provide 
 that on the final vote on every bill, the yeas and nays shall 
 be entered upon the journal. This provision is intended 
 to fix upon, each member his due share of responsibility 
 for legislation, and also to furnish conclusive evidence of 
 the passage of a bill by the requisite majority. Some con- 
 stitutions provide that all bills, or all bills on certain sub- 
 jects, must receive a majority vote of the members elected; 
 otherwise, a simple majority of a quorum ^ is suflficient. 
 
 After a measure passes one house, the engrossed copy is 
 Joint action sent to the other house, where the same process is 
 necessary repeated. A measure which has passed one house 
 
 1 Black, H. C, Conalitutional Law, p. 3S5. 
 
 * In all States the governor has power to recommend legislation in his message 
 
 > Id some legislatures the second reading follows immediately after the first reading hy 
 title; but the constitutions of many States require separate readings on different days. 
 
 * The committee of the whole is the entire house acting as a committee. 
 
 ^ By a quorum is meant the number necessary to transact business — generally a majority 
 ol the members elected. 
 
THE STATE LEGISLATURE 99 
 
 may be altered, amended, or rejected by the other; but to 
 become a law, the same act must pass both houses in the 
 same identical form. If the measure is amended, it must 
 go back to the originating house. If this body does not 
 concur in the amendments, an effort is made to reach an 
 agreement through the appointment by each house of 
 members of a conference committee. When a bill has passed 
 both houses it is enrolled, then signed in open session by 
 the presiding oflScer of each house, and presented to the 
 governor. 
 
 122. The Governor's Veto. In all commonwealths ex- 
 cept North Carolina, every bill which has passed both 
 branches of the legislature must be submitted to Exercise of 
 the governor for his approval. If he signs the meas- '•*'>p<"'" 
 ure, it thereby becomes law; if not, he returns it with his 
 objections to the house in which it originated, where the 
 objections are entered at large upon the journal. Upon re- 
 consideration the bill may become law notwithstanding 
 the veto, provided it receives the votes of a suflBciently 
 large majority (ordinarily two thirds of the members in 
 each house). The governor generally has a period of ten 
 days (excluding Sundays and holidays) in which to veto a 
 measure. If he does not return the bill with his objections 
 within this period, it becomes a law without his signature, 
 unless the legislature by adjournment prevents its return. 
 In a majority of the States the governor possesses the 
 important power of vetoing particular items in an appro- 
 priation bill, while approving the rest of the measure. 
 
 Unless otherwise provided, an act becomes operative 
 and in force from the time of its approval by the governor. 
 In many cases statutes are passed to take effect -jj^^^ ^^^^. 
 either at the end of a stated period after approval, ntss become 
 or on publication in a specified manner. The ob- 
 ject of postponing the time of taking effect is to enable those 
 affected by a statute to advise themselves of its provisions. 
 
 123. Scope of State Legislative Power. The power of 
 
100 GOVERNMENT AND POLITICS 
 
 the State legislature extends to every subject of legislation, 
 Contrast unless in the particular instance its exercise is for- 
 ■witii bidden by some provision of the State or federal 
 
 constitution. Unlike Congress, which possesses 
 legislative authority only over enumerated classes of sub- 
 jects, the State legislature possesses general powers of legis- 
 lation. If the question arises whether the legislature has 
 power to pass a certain law, the presumption is that it can 
 do so; and some positive prohibition either in the federal 
 or State constitution must appear to overcome this pre- 
 sumption.^ 
 
 The possible subjects of State legislation may be classi- 
 fied under three heads : — 
 
 (1) Ordinary private law, or the body of law which guides 
 „_ . , us in the every-day relations of life, as the law of 
 
 contracts, domestic relations, property, torts, 
 and crimes. 
 
 (2) Administrative law, or the law relating to the carry- 
 ing on of government, to the raising and expending of 
 Administrat- revenues, and to the control of personal and pro- 
 iTeiaw perty rights so as to secure the general welfare. 
 This includes legislation concerning local government, pub- 
 lic works, education, corporations, charitable and penal 
 institutions. 
 
 (3) Local and special laws, or laws which apply to less 
 Local and than a class of subjects, as measures granting 
 special laws franchises to particular corporations, incorporat- 
 ing certain local communities, and the like.^ 
 
 124. Non-Legislative Duties. Besides their power to 
 Electoral make laws, the legislatures of some common- 
 ana ludiciai wealths are charged with certain functions not 
 legislative, notably the important one of electing 
 certain State officers. Generally, too, they may impeach 
 
 1 On the other hand, every acl of Congress must be traced for its authority to the natioDal 
 constitution; unless it can be affirmatively shown that the power to legislate in the particu- 
 lar instance is granted or implied by that instrument, it cannot be exercised. 
 
 * More legislation of the third class, local and special, is passed than of both the others to- 
 gether; and so excessive and objectionable has special legislation become that many State? 
 prohibit it altogether in regard to important classes of subjects. 
 
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THE STATE LEGISLATURE 101 
 
 any State official for misconduct, the procedure in such 
 cases resembling that in Congress. 
 
 125. Limitations upon Powers of State Legislatures. 
 
 Although in theory State legislatures are invested with general 
 authority to make laws, in practice their action is checked by im- 
 portant limitations. These limitations may be grouped under four 
 heads: (1) those expressly imposed by the national constitution; 
 (2) those implied from provisions of the national constitution, or 
 from the nature of the relation between the States and the federal 
 government; (3) those expressly imposed by the State constitu- 
 tions; (4) those implied from the republican nature of State gov- 
 ernment. 
 
 126. Limitations imposed by the Federal Constitution. 
 The express limitations imposed by the federal consti- ^^ jroteot 
 tution upon the legislative power of the States may be domain ol 
 grouped into two classes, with reference to the purpose nalonal 
 for which they are imposed: — 
 
 (1) Restrictions designed to prevent the States from infringing 
 upon the sphere of the national government. Thus no State may: 
 
 (a) Enter into any treaty, alliance, or confederation; or, without 
 the consent of Congress, enter into any agreement or compact with 
 another State or with a foreign power. 
 
 (b) Grant letters of marque and reprisal, or, without the consent 
 of Congress, keep troops or ships of war in time of peace, or engage 
 in war unless actually invaded, or in such imminent danger as will 
 not admit of delay. 
 
 (c) Coin money, emit bills of credit, or make anything but gold 
 and silver coin a tender in payment of debts. 
 
 (d) Lay any duty of tonnage without the consent of Congress, 
 or levy any duties on imports or exports, except what may be 
 absolutely necessary for executing inspection laws. 
 
 (2) Restrictions designed to secure private and political rights 
 from encroachment on the part of the States. Thus do 
 
 State may: guard 
 
 (a) Pass any bill of attainder, ex postfaetolaw, or law private and 
 impairing the obhgation of contracts. J^^j^j" 
 
 (b) Grant any title of nobility. 
 
 (c) Estabhsh or allow slavery or involuntary servitude, except 
 as a punishment for crime whereof the party shall have been duly 
 convicted. 
 
 (d) Make or enforce any law which shall abridge the privileges 
 or immunities of citizens of the United States. 
 
102 GOVERNMENT AND POLITICS 
 
 (e) Deprive any person of life, liberty, or property, without due 
 process of law. 
 
 (f) Deny to any person within its jurisdiction the equal protec- 
 tion of the laws. 
 
 (g) Assume or pay any debt or obligation incurred in aid of 
 insurrection or rebellion against the United States, or any claim 
 for the loss or emancipation of any slave. 
 
 (h) Deny or abridge the right of citizens of the United States to 
 vote on account of race, color, or previous condition of servitude. 
 
 127. Limitations implied from Federal Constitution. 
 The second class of limitations upon the legislative power of the 
 EzGlnalye States are those implied either from express provisions 
 leAeral of the federal constitution, or from the nature of the 
 powers relation between the States and the federal government. 
 Thus in some cases the powers granted Congress are exclusive, 
 either because so declared in express terms — as the power " to 
 exercise exclusive legislation " over the seat of government; or 
 because the subject-matter of the power is national in character, 
 demanding a uniform system; for example, the power to establish 
 a uniform system of naturalization: ^ 
 
 128. Limitations imposed by State Constitutions. The 
 express restrictions imposed by the State constitutions upon legis- 
 lative power may be grouped into two classes: (1) restrictions 
 upon the scope of legislative power, for example, forbidding all 
 legislation on certain subjects; ^ (2) restrictions upon legislative 
 procedure, that is, prescribing the forms to be observed in enacting 
 laws.' 
 
 129. Limitations implied from the Nature of Republican 
 Government. Even if not expressly stated in the constitution. 
 
 1 Similarly the provisions definiDg the jurisdiction of the federal courts; securing to the 
 citizens of each State all the privileges and immunities of citizens in the several States: re- 
 quiring that each State give full faith and credit to the public acts, records, and judicial pro- 
 ceedings of every other State; enjoining interstate extradition; guaranteeing to each State 
 a republican form of government, — all these provisions carry with them an implied pro- 
 hibition of any State legislation which would impair their effectiveness. 
 
 * Examples of subjects frequently prohibited are: statutes inconsistent with demo- 
 cratic principles (favoring any religious denomination or granting titles of nobility); stat- 
 utes against public policy (impairing the obligation of contracts, permitting lotteries); stat- 
 utes which are private, local, or special in their nature (especially those designed to regulate 
 the internal affairs of counties and municipalities); statutes increasing the State or local 
 debt beyond a certain amount. 
 
 ' The following are illustrations of common restrictions upon legislative procedure: no law 
 shall be passed except by bill, with a prescribed form for the enacting clause; appropriation 
 bills must originate in the lower house; each bill must be read by sections on three dif- 
 ferent days; the final vote on each bill must be taken by yeas and nays; no bill shall em- 
 brace more than one subject, which must be clearly expressed in the title; no former act may 
 be amended by reference to its title merely, without setting out its contents. 
 
THE STATE LEGISLATUEE 108 
 
 certain limitations upon legislative power would be implied by the 
 courts as necessarily resulting from the nature of republican gov- 
 ernment. Thus from the principle of apportionment of powers 
 among the three great branches of government, it follows that the 
 legislature is entrusted with legislative power only, and may not 
 usurp executive or judicial functions. Again, there are certain im- 
 plied limitations upon legislative power as a result of the principle 
 that the legislature is to be regarded as a trustee for the people.' 
 
 130. Direct Legislation. By direct legislation is meant that in 
 which the people participate directly, instead of acting through 
 their representatives. The most common example is the The 
 referendum, by which legislative measures are submit- w'««ndiuii 
 ted to popular vote for approval or rejection.^ Early in our history 
 it became an established principle that proposed constitutions or 
 amendments should be referred to the voters for ratification. The 
 referendum has since been employed to determine questions of 
 ordinary legislation, as the incorporation of municipalities, the 
 organization of counties and townships, location of county seats, 
 incurring of indebtedness, granting of municipal franchises, and 
 issuing of liquor licenses. The referendum affords a valuable check 
 upon the action of State legislatures and municipal councils; and 
 it also provides a certain means of determining whether proposed 
 legislation is approved by public sentiment. 
 
 The logical complement of the referendum is the initiative, by 
 which a certain percentage of the voters are empowered to propose 
 measures which must subsequently, with or without 
 the intervention of the legislature, be submitted to 
 popular vote. For example, the constitution of Oregon provides 
 that any legislative measure may be initiated by a petition bear- 
 ing the signatures of eight per cent of the voters, and containing 
 the proposed measure in full. The petition must be filed with the 
 Secretary of State at least four months before election day; and if 
 approved by a majority of all those voting upon it at the election, 
 the measure becomes a law.' The initiative and referendum in 
 
 1 Hence legislative power may not be delegated to any other body or person, but must be 
 exercised by the legislature itself; nor can public property or governmental powers (as taxa- 
 tion and police powers) be surrendered to private persons. Public money raised by taxation 
 can be appropriated and expended only for pubHc purposes. Nor can the legislature pass any 
 law which may not be repealed by a subsequent legislature, unless the act take the form of 
 a contract founded upon a consideration. 
 
 ' "The referendum is a plan whereby a small percentage of the voters may demand that 
 any statute passed by the legislature (with the exception of certain laws) must be submitted 
 to the electorate and approved by a stipulated majority before going into effect." — Beard, 
 C. A., American Gm&mment and Politics, p. 463. 
 
 » A recent Oregon statute provides for the publication and distribution of arguments fol 
 and against the propositions thus submitted to the voters for decision. 
 
104 GOVERNMENT AND POLITICS 
 
 some form prevails in 209 cities, in twenty-five different States. 
 Nineteen commonwealths have authorized the initiative and ref- 
 erendum in the case of State laws, and thirteen of these permit the 
 voters to initiate constitutional amendments, as well as statutes. 
 
 GENERAL REFERENCES 
 
 Andrews, Jas. DeWitt, American Law (1900), pp. 435, 476. 
 Ashley, R. L., The American Federal State (1903), ch. xviii. 
 Beard, C. A., American Government and Politics (1910), ch. xxv. 
 
 Readings in American Government in Politics (1910), ch. xx^, 
 
 Black, H. C, Constitutional Law (1897), ch. xiii. 
 
 Bryce, James, The American Commonwealth (1907), i, chs. XL, XLiv, XLV. 
 
 Cleveland, F. A., Growth of Democracy (1898), chs. vin-xv. 
 
 Commons, John R., Proportional Representation (1907). 
 
 Cooley, Thos. M., Constitutional Limiiations (1903), chs. v-vi. 
 
 Forman, S. E., Advanced Civics (1905), ch. xxii. 
 
 Hart, A. B., Actual Government (1903), ch. vii. 
 
 Hoist, H. E. von.. Constitutional Law of the United States of America (1887), 
 
 pp. 267-285. 
 McClain, E., Constitutional Law (1905), chs. V, vm. 
 Oberholtzer, E. P., The Referendum in America (1900). 
 Ordronaux, J., Constitutional Legislation (1893), ch. x. 
 Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
 
 chs. iv-x. 
 Roosevelt, Theodore, American Ideals (1899), no. v. 
 Schouler, J., Constitutional Studies (1904), pp. 249-266. 
 
 QUESTIONS AND EXERCISES 
 
 1. What is the official name of your State legislature? Of each house? 
 How many members in each house? What are the qualifications for 
 membership? 
 
 2. Give arguments for and against the requirement that a member must 
 be a resident of the district which elects him. 
 
 3. Draw an outline map of your State, and mark with different colors the 
 boundaries of your State representative district, and of your State sena- 
 torial district. 
 
 4. Is the division of your State into senatorial and representative districts 
 an equitable one? Or has the gerrymander been employed to give one 
 party an undue advantage? 
 
 5. Examine the provisions of your State constitution concerning the num- 
 ber and apportionment of senators and representatives. How often 
 and under what restrictions may the legislature change this apportion- 
 ment? 
 
 6. For what term are members of your legislature chosen? What salary do 
 they receive? Is the senate a continuous body? 
 
 7. Does your district frequently return the same members to the legisla- 
 ture, or is rotation in office customary? Who are the present members 
 from your district? To which political party do they belong? Which 
 party has a majority in your legislature? 
 
THE STATE LEGISLATURE 105 
 
 8. How often does your legislature meet? Is the length of the session lim- 
 ited by the constitution? 
 0. Name the ofiScers of each legislative house. Principal duties of each? 
 
 10. Discuss the position of the speaker of the lower house, and compare his 
 influence upon legislation with that of the lieutenant-governor. 
 
 11. Who are the leaders of the majority party in your legislature? Of the 
 minority party? 
 
 12. How many committees in each branch of your legislature? Name the 
 most important ones. 
 
 13. Discuss the advantages and defects of the committee system. 
 
 14. Describe the steps by which a bill is enacted into law in your State. 
 Compare with the procedure described in Section 121. 
 
 15. What constitutes a quorum in each house of your legislature? How 
 many votes are necessary in each house to pass a bill the first time? 
 Over the governor's veto? 
 
 16. Organize your class into a house of the State legislature, and draw up 
 and pass a bill in due form. (If possible obtain the assistance of your 
 local representative.) 
 
 17. Make a list of the chief subjects with which your State legislature may 
 deal. Compare this with the list of subjects over which a city council 
 or town meeting has authority. 
 
 18. examine the volume of laws passed at the last session of your legis- 
 lature, and make an outhne showing ten different subjects of legislation 
 concerning which laws were passed. 
 
 19. What are the special powers of each branch of your State legislature? 
 
 20. Make a Ust of the most important limitations on legislative powers 
 imposed by your State constitution. Pay especial attention to (a) Um- 
 itations upon financial powers; (b) restrictions upon local or special 
 legislation; (c) regulation of legislative procedure. 
 
 21. What is meant by the "lobby" ? 
 
 22. Give reasons for the growing popularity of the initiative and the refer- 
 endum. (Kaye, P. L., Readings, pp. 295-303.) Is either of these 
 forms of direct legislation employed in your State or county? 
 
 28. What ofiScer attends to the publication of the laws passed by each 
 legislature? What volumes would you examine to ascertain the law of 
 your State upon any subject? 
 
CHAPTER X 
 
 THE STATE EXBCUTIVB 
 
 131. Contrast between State and Federal Executives. 
 The organization of the executive department of the State 
 Federal government differs materially from that of the 
 powefoen- federal executive. In the national government, 
 traiized executive power is vested in a single individual, 
 the President of the United States. He alone is an elective 
 officer, other executive officials being appoiated by and 
 responsible to him. 
 
 But in the State governments, executive power is vested 
 in a number of elective and appointive officers who, to- 
 sute encn- gather with the governor, share the executive 
 tiTB po-weis power. The secretary of state, auditor, treasurer, 
 and attorney-general are, hke the governor, 
 elected by the people; and they are as independent of him as 
 is the legislature. In fact they are the governor's colleagues, 
 not his agents or subordinates. Nor is the executive power 
 vested solely in the governor and other principal State 
 officers; for the actual execution of the laws does not rest 
 with them, but with local officers chosen by the towns, coun- 
 ties, and municipalities. These local officials, including 
 sheriffs and other county officers, town and city officials, 
 are not ordinarily subject to State supervision, much less to 
 immediate State control. They hold themselves account- 
 able not to the State as a whole, but only to their part of 
 the State. Hence State administration is decentralized; 
 and the governor is not, like the President, directly and 
 exclusively responsible for the execution of the laws. 
 
 132. Election and Term of the Governor. The governor 
 
THE STATE EXECUTIVE 107 
 
 is everywhere elected directly by popular suffrage, the 
 earlier method of choice by the legislature having been dis- 
 carded. In most commonwealths the election for governor 
 and other State officials is held on the Tuesday immedi- 
 ately following the first Monday in November. The term 
 of office is either two or four years in nearly all of the 
 States.^ Popular governors are often reelected in com- 
 monwealths having the shorter terms, while elsewhere re- 
 election is less frequent. The constitutions of seven States 
 prohibit the governor from serving two successive terms. 
 
 133- Qualifications and Salary. The constitutional quaH- 
 fications for governor generally relate to age, residence, 
 and citizenship. These qualffications vary widely, those 
 most frequently prescribed being thirty years of age, five 
 years of residence, and the same period of citizenship. 
 The average salary of the governor is about $5000. 
 
 134. Administrative Powers and Duties. As his fore- 
 most administrative duty, the governor is to take care that 
 the laws are faithfully executed; but in the per- Duty to en- 
 f ormance of this comprehensive duty his power is '"" ^'"' 
 limited by the fact that the execution of the laws is largely 
 entrusted to State and local officials over whom he has 
 slight control. "If he is of much force in the government 
 of the State, it is because of his strong character. He is 
 a passenger on board the ship, which is navigated by a crew 
 which he does not select, and over which he has few powers 
 of command." * 
 
 However, the governor has a general supervisory power 
 over the executive officers of the State; he may investigate 
 their conduct of business and require information s„p,rviaor7 
 upon subjects relating to the duties of their re- P? «™°^*- 
 spective offices. Furthermore, he has the power 
 of appointing the less important State officers (confirma- 
 
 i Twenty-three States fix the governor's term at four years, twenty-three at two years. 
 In New Jersey the term is three years, while Massachusetts retains the practice of annual 
 
 ! Landon, J. S., The Constitutional History and Govermnent qf the United States, p. 8S. 
 
108 GOVERNMENT AND POLITICS 
 
 tion by the Senate being frequently required) ; and in some 
 commonwealths he has a limited power of removal.' When 
 an elective State office becomes vacant, the governor ap- 
 points some one to serve until the nejct election. 
 
 The governor is commander-in-chief of the State mili- 
 tia,^ and may call them out to repel invasion, or to suppress 
 Miutaiy riots, insurrection, or disorder. The military au- 
 powers thority of the governor is invoked by the sherifl 
 or the mayor when local resistance to the law becomes too 
 powerful to be suppressed by the means at his disposal. 
 
 135' Political Duties. More important than the fore- 
 going administrative powers are the governor's political 
 LsgisiaUTa duties, especially those in connection with legisla- 
 poweis tion. At the beginning of the session he trans- 
 mits to the legislature a message calling attention to meas- 
 ures which he deems necessary. If urgent matters demand 
 immediate consideration, he may summon the legislature 
 to meet in special session; and he may adjourn that body 
 in case the two houses are unable to agree upon a time for 
 adjournment. Finally, in all States except North Carolina, 
 the governor has a quaUfied veto upon all legislative acts, 
 and in thirty commonwealths he may veto particular 
 items in appropriation bills. Thus the governor exercises 
 a large influence upon legislation, since only in exceptional 
 cases is a bill likely to pass over his veto.' 
 
 Almost universally the governor has the power to grant 
 pardons and reprieves in case of offenses committed against 
 RepritvM the State. A pardon discharges the individual 
 and parflons fjom ^11 or some of the consequences of his crime; 
 while a reprieve suspends execution of the sentence for a 
 specified time. In some commonwealths the governor may 
 
 1 Generally the exercise of this power is conditioaed upon obtaining the consent of the 
 senate or council, and upon the finding of cause (malfeasance in office or neglect of duty). 
 In New York and a few other States, the governor is permitted to remove even local officera 
 under certain conditions. In Colorado, Maryland, Illinois, Nebraska, and Pennsylvania, 
 he may remove those officers whom he appoints. 
 
 * Except when in the actual service of the United States. 
 
 ' Generally a two-thirds or three-fifths vote is required to pass a bill over the governor's 
 veto. In Connecticut, Vermont, New Jersey, and Indiana, a simple majority is sufficient. 
 
THE STATE EXECUTIVE 109 
 
 exercise this power only in conjunction with a board of 
 pardons. 
 
 136. State Governors under the Federal Constitution. 
 The duties of the governor of a State are regulated to some 
 extent by the federal constitution. For example, powers 
 
 a person charged with crime who escapes to an- "'**"•'•» 
 other State must be delivered up to the executive author- 
 ity of the State from which he fled upon the requisition of 
 its governor.^ Again, the United States is bound to protect 
 each State against domestic violence upon application from 
 its legislature; or if the legislature cannot be convened, at 
 the request of the governor.^ If vacancies occur in either 
 branch of Congress, the governor of the State concerned 
 issues writs of election to fill the vacancy. If the State legis- 
 lature so directs, he may make a temporary appointment 
 to the United States Senate, until the people fill the vacancy 
 by election.^ 
 
 137. Other Principal Executive Officers. Other im- 
 portant executive officers are the lieutenant-governor (in 
 thirty-four States) ; the secretary of State, and the treasurer 
 (in all States); the comptroller or auditor, the attorney- 
 general, and the superintendent of public instruction (in 
 nearly every State). Ordinarily these officers are chosen 
 by the voters at the general State election; but in several 
 commonwealths certain important executive officers are 
 appointed by the governor or elected by the legislature. 
 Their term varies from one to four years, frequently being 
 the same as that of the governor. 
 
 The principal executive officers are not under the direc- 
 tion or control of the governor or the legislature. Their 
 duties are prescribed in the State constitution. Relation to 
 and for their official acts they are responsible only CriegL 
 to the people and the courts. They do not consti- i»*"» 
 tute a cabinet responsible to the chief executive as in the 
 
 » United Statei ConttUution, Art. it. Sec. *. 
 • Ibid., Art, IV, Sec. i. 
 » ibid., Amendment xvll. 
 
110 GOVEKNMENT AND POLITICS 
 
 presidential system of the national government, or a ministry 
 responsible to the legislature as in the parUamentary sys- 
 tem of European governments.* 
 
 138. The Lieutenant-Governor. The lieutenant-governor 
 Natnio is generally president of the State senate, with 
 oiottioe ^ casting vote in ease of a tie. He succeeds the 
 governor in case of the latter's death, resignation, removal, 
 or disability. 
 
 139. The Secretary of State. The secretary of State 
 has charge of all State records, and of the seal of the com- 
 " OMei monwealth by which State documents are authen- 
 oieik"of ticated. Hepubhshes the laws of the State; regis- 
 ters the official acts of the governor; certifies the 
 
 incorporation of all companies; draws up commissions to 
 public officers; takes charge of the returns of elections; 
 and collects and publishes statistics. 
 
 140. State Auditor or Comptroller. The State auditor 
 
 or comptroller is the pubhc accountant charged with super- 
 
 _ , , vision of the State's financial business. He 
 Snpemslon 
 
 of State examines and passes upon all claims presented 
 against the commonwealth; and no money can bt 
 paid out of the treasury except upon a warrant issued by 
 him. He prepares for the legislature estimates of revenues 
 and expenditures; audits the accounts of all officers charged 
 with the collection of revenue; sees to it that such officers 
 are under sufficient bond; and enforces payment of moneys 
 withheld or uncollected. He keeps a record of all moneys 
 paid into the treasury, and of all appropriations and war- 
 rants; and since his books must tally with those kept by 
 the treasurer, his office serves as a check upon the latter. 
 
 141. The State Treasurer. The treasurer receives all 
 Custodian oi State funds, for which he issues receipts, and dis- 
 stateftuida b^j-ggg them only upon warrants signed by the 
 auditor. At stated intervals he is required to publish state- 
 
 ' Usually, the chief executive officers can be removed only by impeachment. States having 
 the recall for all elective State officers, or for all except judges, are; Arizona, California, Colo- 
 rado, Idaho, Kansas, Louisiana, Michigan, Nevada, North Dakota, Oregon, Washington. 
 
THE STATE EXECUTIVE ill 
 
 ments of balances, and his books, like those of the auditor, 
 are at all times open to inspection. Both treasurer and au- 
 ditor are often ex officio members of various financial boards. 
 
 142. The Attorney-General. The attorney-general is the 
 legal adviser of the governor and other officers, and he also 
 represents the commonwealth in all civil and state's 
 criminal cases to which the State is a party. Es- »**""'»? 
 pecially is it the duty of this officer, aided by the district 
 prosecuting attorneys or solicitors, to watch over and pro- 
 tect the constitution of the State from encroachment by 
 the government or violation by individuals. The numer- 
 ous cases in the courts entitled State ex rel. v. , or 
 
 People V. , are the mediums through which the attorney- 
 general and prosecuting attorneys attack offenders against 
 the constitution and the laws. These proceedings generally 
 take the form of prosecution by indictment for criminal 
 offenses; or mandamus to compel the performance of official 
 or other public duties; or quo warranto to try the right to 
 exercise a public office or franchise; or information or bill 
 in equity to vindicate the rights of the State or of the 
 general public.^ 
 
 143. State Superintendent or Commissioner of Schools. 
 The superintendent of public instruction, some- supBrvision 
 times known as the commissioner of public schools, "' •*'"'**''"i 
 exercises a general supervision over the public school system. 
 In the commonwealths having State boards of education, 
 he is generally an ex officio member of that board. 
 
 144. Appointive Officers of State Administration. In 
 addition to these elective officers, a large number of ap- 
 pointive officials are charged with special administrative 
 duties. Most of these are appointed by the governor 
 (generally with the consent of the senate) for terms vary- 
 ing from one to four years; and they are ordinarily subject 
 to removal by the appointing power. Among the most im- 
 
 ^ In this way the great Pullman Company was checked in its growth as a municipal 
 corporation and compelled to sell the town of Pullman. — People v. Pullman Car Co., 17fi 
 IU.125. 
 
112 GOVERNMENT AND POLITICS 
 
 portant of these officials, some of whom at least are found 
 in every commonwealth, may be named: adjutant-general; 
 State surveyor; geologist; fire marshal; librarian; factory 
 inspector; engineer; tax commissioner; superintendent of 
 public printing; commissioner of banking; insurance com- 
 missioner; superintendent of weights and measures; com- 
 missioner of immigration; commissioner of agriculture; 
 commissioner of mines and forests; food and dairy com- 
 missioner; superintendent of public works; superintendent 
 of prisons. 
 
 145. State Boards or Commissions. In addition to these 
 
 individual officers, a large share of administrative business is 
 
 entrusted to State boards or commissions.^ These 
 Gomposltioii 
 
 are generally appointed by the governor with the 
 
 consent of the senate, for terms varying from four to eight 
 years. Members are sometimes paid, especially when they 
 give a large part of their time to the service; frequently 
 they serve without pay, and elect an executive officer who 
 receives a salary, and upon whom the greater part of the 
 work devolves. The legislature often endows these boards 
 with large powers, in the exercise of which they are practi- 
 cally free from executive control. 
 
 146. Civil Service Reform. Early in the nineteenth cen- 
 tury the "spoils system" was extensively applied in filling 
 The spoils State as well as federal offices, these positions 
 system being made the reward for successful electioneer- 
 ing and wire-pulUng. Throughout the greater part of the 
 Union the same system is still employed in filling appoint- 
 ive State offices, and frequently the main issue in political 
 campaigns is the question which party shall control the 
 patronage. Standards of service have been adopted which 
 would not be tolerated in any successful private business. 
 Tenure of office is often dependent not upon faithful de- 
 votion to public duty, but upon compliance with private 
 instructions from the "regular organization." 
 
 ' For example, boards of agriculture, health boards, railway commissions, boards of edn- 
 catioD, ezamiaing boards in the professions of law, medicine, etc. 
 
THE STATE EXECUTIVE 113 
 
 To remedy the evils of the spoils system, nine States ^ have 
 adopted systems of civil service reform similar to that em- 
 ployed by the federal government. The object of tjio merit 
 this merit system is threefold; first, to exclude •y^**" 
 ignorant and incompetent persons who have nothing to 
 recommend them save political influence; second, to assure,,, 
 intelligent and competent persons an equal opportunity to 
 secure public employment; and third, to make tenure of 
 office secure for competent officials. To attain this end, 
 several commonwealths have established a system of 
 competitive examinations, practical in character; polit- 
 ical and rehgious interrogatives have been prohibited; 
 assessments upon office-holders are forbidden; and tenure 
 and promotion are made to depend upon ascertained merit, 
 rather than upon political influence. 
 
 GENERAL REFERENCES 
 
 Andrews, James DeWitt, American Law (1900), pp. 477-485. 
 Ashley, R. L., The American Federal State (1903), pp. 356-359. 
 Beard, C. A., American Government and Politics (1910), ch. xxiv. 
 
 Readings in American Oovemment and Politics (1910), ch. xxiv. 
 
 Black, H. C, Constitutional Law (1897), pp. 267-279. 
 
 Bryce, James, The American Commonwealth (1907), i, ch. XLi. 
 
 Cooley, Thos. M., Constitutional Limitations (7th ed., 1903), pp. 218-222. 
 
 Finley, J. H., and Sanderson, J. F., The American Executive and Executive 
 
 Methods (1908), pp. 1-184. 
 Fiske, John, Civil Oovemment (1904), pp. 175-179. 
 Forman, S. E., Advanced Civics (1905), ch. xxiii. 
 Goodnow, F. J., Comparative Administrative Law (1893), i, 74-82. 
 Hart, A. B., Actual Oovemment (1903), ch. viii. 
 James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
 
 ch. III. 
 McClain, E., Constitutional Law (1905), pp. 197-212. 
 Schouler, James, Constitutional Studies (1904), pp. 267-282. 
 WUson, W., The State (1906), sees. 1174-1208. 
 
 QUESTIONS AND EXERCISES 
 
 1. Give the term, qualifications, and salary of the governor of your State. 
 
 2. Is the governor of your State reeligible for a succeeding term? If so, is 
 reelection customary? 
 
 3. Are candidates for governor La your State nominated at primaries or by 
 conventions? When does the State election occur? 
 
 1 New York, Massachusetts, Wisconsin, Colorado, New Jersey, California, Ohio, Con 
 necticut, and Illinois. 
 
114 GOVERNMENT AND POLITICS 
 
 4. Who were the candidates for governor at the last election? What was 
 the plurality of the successful candidate? 
 
 5. What officers may your governor appoint? Is the consent of the Senate 
 necessary? 
 
 8. What powers of supervision may your governor exercise over State 
 officials? Has he power to remove any officials? If so, under what cir- 
 cumstances? 
 
 7. What vacancies in judicial, county, or State offices may be filled by the 
 governor in your State? 
 
 8. Examine the provisions of your State constitution concerning the gov- 
 ernor's legislative powers, including his power (a) to convene the legis- 
 lature in extra session, and to adjourn it under certain conditions; 
 (b) to recommend legislation; (c) to veto legislative acts. 
 
 9. How may the governor's veto be overcome in your State? 
 
 10. May your governor veto items in an appropriation bill? 
 
 11. What power has he over pardons and reprieves? Is the consent of a 
 board of pardons or other body required? 
 
 12. Has the governor of your State had occasion to call out the militia 
 within recent years? If so, under what circumstances? 
 
 13. In general, would you say that the governor of your State exercises 
 large or small powers over legislation and administration? 
 
 14. Secure a copy of a message issued by your governor; of one of his pro- 
 clamations. What subjects are covered by each? 
 
 15. Who would succeed the governor in the event of a vacancy in this office? 
 
 16. In most commonwealths the seven principal executive officers are the 
 governor, lieutenant-governor, secretary of State, treasurer, auditor 
 or comptroller, attorney-general, and superintendent of education. 
 Prepare an outline giving the following facts concerning each of these 
 officers in your State : how chosen, term, quahfications, salary, duties 
 and powers, how removed. 
 
 17. Which of the minor administrative officials mentioned in Section 144 
 are found in your State? 
 
 18. Prepare a list of the most important boards and commissions of your 
 State. State concerning each, how chosen, term, and functions. 
 
 19. "In general. State laws are administered by local officials over whom 
 the governor has no control." — Illustrate by giving examples in the 
 government of your own State. State the advantages and disadvant- 
 ages of this decentralized system of administration. 
 
 20. "In certain fields there is a marked tendency to develop a system of 
 supervision over local officials by enlarging the powers of State boards 
 of education, charities and corrections, and public health." — Is this 
 true in your State? 
 
 21. State the advantages and defects of State boards or commissions. 
 
CHAPTER XI 
 
 THE STATE JUDICIARY 
 
 147. Development of Colonial Courts. In the early colonial 
 
 period, the legislative assemblies of the various colonies exercised 
 many judicial powers, acting as the early English parliaments, both 
 as legislatures and as courts. During the century immediately 
 preceding the Revolution, the assemblies were deprived of their 
 judicial powers, and the colonial courts correspondingly strength- 
 ened. Gradually a judicial system was evolved, patterned largely 
 after that of Great Britain, and consisting of several courts 
 arranged in a progressive series. 
 
 From the highest colonial courts, cases of importance could be 
 appealed to the English Privy Council; and this appeal was of 
 especial importance in regard to colonial legislation Appeal to 
 deemed inconsistent with the laws of England. The ihtPilrj 
 Privy Council from time to time set aside colonial stat- '''""''i" 
 utes and reversed the judgments of colonial courts.' This was the 
 germ of the power of our supreme courts to decide upon the con- 
 stitutionality of legislation. 
 
 148. The Common Law. The larger part of the law adminis- 
 tered by colonial tribunals was the common law of England, 
 modified by the legislative assemblies and by the courts 
 themselves so as to conform to conditions in the new c^on i^.^ 
 world. The English common law (known also as cus- 
 tomary or unwritten law) " is that rule of civil conduct which 
 originated in the common wisdom and experience of society, in 
 time became an established custom, and has finally received 
 judicial sanction and afiirmance in the decision of the courts of 
 last resort." ^ This law has been interpreted and largely developed 
 by the courts, and is evidenced chiefly in their decisions of cases 
 tried before them. 
 
 From the first the American colonists claimed the common 
 law as their birthright, so far as it was applicable to their condi- 
 
 > The Judicial Committee of the Privy Council to-day exercises similar powers with re- 
 ference to the British colonies. 
 
 » Bobioson, W. C, EUmctOary Law, p. 2. 
 
116 GOVERNMENT AND POLITICS 
 
 tion; ^ and upon the original foundation of the English common 
 law the whole system of American jurisprudence has been built. 
 
 Except as modified by constitutional or statutory 
 ^^onUw enactments, the English common law, now become the 
 
 American common law through adaptation to our 
 circumstances, state of society, and form of government, is to- 
 day in force in the several States; and it constitutes by far the 
 greater portion of that body of law by which rights are adjudged 
 and wrongs redressed. 
 
 149. Equity. Equity is synonymous with justice, and origin- 
 ated in the deficiencies of the ancient common law. From the time 
 
 of the Norman-French conquest of England (1066), 
 
 the king was held in legal theory to be the fountain of 
 justice; and he wa^ often petitioned to interpose between private 
 individuals in cases where the regular law courts could grant no 
 remedy, or no adequate remedy. These petitions the king referred 
 to his Privy Council, and ultimately they were addressed directly 
 to one member of that body called the chancellor. Thus if the 
 legal title to land had been conveyed to one individual for the 
 use of another, and the holder of the title refused to recognize 
 the beneficial interest of the other, the chancellor could bring 
 him to account, although the law would give no remedy. Soon 
 whenever a man had justice on his side, but not law, it was deemed 
 a case for the chancellor, and his jurisdiction expanded accordingly. 
 At common law one could recover money only, or specific real 
 _ . H f ^■" personal property; but the chancellor could grant 
 
 such relief as seemed equitable — hence called relief in 
 equity. Finally, a distinct set of chancery or equity courts came 
 into existence, with special procedure ^ and remedies. 
 
 The chancery system thus created was introduced in America 
 along with the common law; and at first, as originally in England, 
 Fusion ol it w^"^ administered by separate courts. At the present 
 law ana time in most American commonwealths, equity is 
 equity administered by the same judges who preside over the 
 
 regular law courts.^ Legal and equitable causes of action may gen- 
 erally be joined, and legal and equitable relief given in one suit. 
 
 * One great excellence of the common law is the protection which it aiTords to individual 
 rights. Hence when difficulties arose between the colonies and the mother country, the col- 
 onists appealed to the principles of the common law, and claimed that the king and parlia- 
 ment were seeking to deprive them of privileges which were their birthright as Englishmen. 
 
 ' Courts ef equity differed from the law courts in the mode of proof and of trial. In courts 
 of equity, testimony was written instead of oral, and the judges decided questions of fact oa 
 well as of law, thus eliminating the jury. 
 
 ■ Separate equity or chancery courts exist in New Jersey, Delaware, Tennessee, Alabama, 
 and Mississippi. 
 
SPOEIANE COUNTY COUETHOUSE, SPOKANE, WASHINGTON 
 
 a:!i c<,urh:. I ^ II J ( L jhl n L ,1 rlljnj Mr) 
 
 CUMBERLAND COUNTY COURTHOUSE, PORTLAND, MAINE 
 
THE STATE JUDICIARY 
 
 117 
 
 150. Our System of Law. We have seen that the first 
 great source of our body of law is the English common law : 
 the second important source consists of the stat- sute 
 utes enacted by the State legislatures. Most legis- "***''"■ 
 lative measures belong to the branch of administrative law, 
 relating to the structure and functions of government; but 
 many statutes are passed affecting private law. Such are 
 the laws relating to wills and the succession of property, 
 marriage and divorce, corporations, partnerships, and 
 crimes. Civil and criminal procedure is commonly regu- 
 lated by statute, and a few commonwealths have gone even 
 further, and attempted to codify the entire body of com- 
 mon law."^ 
 
 The State constitution is still another source of the law 
 enforceable in the State courts. Next come the Oonsutu- 
 federal statutes and treaties; and finally, the ,oii„ai 
 source of supreme and controlling authority is »t»tii<»» 
 the federal constitution, with which all other laws must 
 accord. 
 
 Federal 
 constitution 
 
 Federal 
 Statutes ano Treaties 
 
 State Constitutions 
 
 State: Statutes 
 
 Common Law and Equity 
 
 OUR SYSTEM OF LAW 
 
 151. System of State Courts. The judicial power of 
 each State is to-day vested in a system of courts generally 
 
 > Including Louiaiana. California^ North Dakota, and South Dakota. 
 
118 GOVERNMENT AND POLITICS 
 
 comprising three grades: first, inferior courts, or those of 
 lowest grade; second, courts of general original jurisdic- 
 tion; ' and third, courts of last resort. 
 
 152. Inferior Courts. Inferior courts include those of 
 justices of the peace, and police or other city courts. 
 Juauoes' Justices of the peace have original jurisdiction 
 """ts over minor civil cases; for example, where the 
 amount involved does not exceed a certain small sum (gen- 
 erally $100), and where the title to real estate is not drawn 
 into controversy. In some commonwealths, justices of the 
 peace try petty offenses, such as breaches of the peace; 
 while in the more serious criminal cases they may cause 
 the arrest of persons charged with crime, and if there is 
 prima facie evidence of guilt, bind over the accused to await 
 the action of the grand jury.^ 
 
 In large cities the civil and criminal jurisdiction of justices 
 of the peace is ordinarily divided between two sets of 
 City ana courts: the municipal or city courts, which ex- 
 poUosoouitB gj-cise a minor civil jurisdiction; and police or 
 magistrates' courts, which try petty criminal offenses, and 
 make a preliminary investigation in case of felonies or 
 serious misdemeanors. 
 
 153. Courts of General Original Jurisdiction. The 
 second grade of State courts embraces those of general 
 original jurisdiction,' civil and criminal, over all suits, ac- 
 tions, and judicial proceedings (so far as this jurisdiction 
 is not restricted by law). These are the ordinary courts 
 for the trial of civil and criminal actions, and in them most 
 of the judicial activity of the State is centered. In some 
 commonwealths, courts of this class have appellate juris- 
 diction from the inferior justices' or municipal courts. 
 
 ^ Original jurisdiction is the power to hear or decide a legal controversy, or to administer 
 a remedy, in the first instance. Appellate jurisdiction is the power to review the decision 
 of some other court. 
 
 ' If the grand jury finds that there is not sufficient evidence against the accused to war- 
 rant holding him for trial, he is discharged; if the contrary is the case, he is formally charged 
 with the crime in an indictment, whereupon he must stand trial. 
 
 ' In different States this tribunal is known by different names, as the circuit court, district 
 court, superior court, court of common pleas, etc. 
 
THE STATE JUDICIARY 119 
 
 154. Courts of Last Resort. The third and highest class 
 of State tribunals is the supreme court, known also as the 
 court of appeals, or court of errors and appeals. j,m34,j. 
 The supreme coiurt ^ is the court of last resort in tion and 
 which the supreme judicial authority of the State 
 
 is vested. This court usually sits at the State capitol. The 
 number of judges ranges from three to nine, whereas a court 
 of the first or second grade is ordinarily presided over by a 
 single justice or judge. As a rule the principal business of 
 the supreme court is to review the decisions of courts of the 
 first and second grade in cases carried up on appeal or writ 
 of error, and to determine whether the judgment of the 
 lower court is to be sustained or reversed.^ Its decisions 
 are final and binding upon all persons within the State; 
 but in exceptional classes of cases (where a federal law, 
 treaty, or the federal constitution is involved), its decisions 
 may be reviewed by the Supreme Court of the United 
 States. 
 
 155. Special State Courts. In order to lighten the work 
 of the court of last resort, several commonwealths, in- 
 cluding Illinois, Pennsylvania, Louisiana, and i^jn^jj. 
 Missouri, have established between the coiui;s latecomts 
 of the second grade and the supreme court an 
 intermediate court of appeals. This tribunal has appellate 
 jurisdiction only, and its decisions are final in all except 
 certain classes of cases, which may be carried up to the 
 supreme court. 
 
 Most of the States have provided special courts (gener- 
 ally one for each county), variously called pro- p„i,ateor 
 
 bate courts, surrogates' courts, orphans' courts, or surrogates' 
 
 ... , courts 
 
 courts in ordinary. These tnbunals are vested 
 
 with jurisdiction over the probate of wills, appointment of 
 
 » In several States, including New York, New Jersey, and Kentucky, the so-called 
 supreme court is not supreme in fact, since above the supreme court is a court of appeals 
 to which certain cases may be taken. The latter is therefore the actual supreme court 
 
 * This court also has power to issue prerogative writs and to grant extraordinary remedies, 
 such as writs of kabeat corpiUt mandamus^ quo warraniOf injundion, ctrtioTarit and writa 
 ol error. 
 
120 GOVERNMENT AND POLITICS 
 
 administrators and guardians, care of the estates of wards,' 
 and settlement of the estates of decedents. 
 
 156. Choice of State Judges. Under the first State con- 
 stitutions, the selection of judges was generally entrusted 
 Eaii7 either to the legislature or to the governor; but 
 
 Indiciary during the first half of the nineteenth century 
 appointive . , 
 
 the choice of judges by popular vote became es- 
 tablished as the general practice.^ Supreme court justices 
 Stat* are now generally elected by the voters of the 
 
 bscomes commonwealth at large; ' while circuit, district, 
 •leouve a^jjj county judges are chosen by the voters of 
 the area included within the jurisdiction of the court. 
 
 157. Tenure of State Judges. Judges of the supreme 
 court have practically a life tenure in only three States, 
 Massachusetts, New Hampshire, and Rhode Island; while 
 elsewhere they are chosen for a fixed term of years, varying 
 from two in Vermont to twenty-one in Pennsylvania.^ The 
 average constitutional term is about eight years, but re- 
 election is frequent, so that the period of actual service 
 is longer. The term of judges of the lower courts generally 
 varies with the grade of the court, being especially short 
 in case of justices of the peace. Like other commonwealth 
 officers, judges may be removed through the process of 
 impeachment. 
 
 158. Salary and Qualifications. Nineteen States pay the 
 judges of their highest courts more than $5000, the aver- 
 age salary being about $6000.^ Salaries of judges of lower 
 courts are considerably less than those of supreme court 
 
 * Including minors who are orphans, the insane, and others deemed by the law incom- 
 petent to manage their own estates. 
 
 * Judges are now elected by popular vote in thirty-six States; by the legislature in four 
 "Rhode Island, Vermont, South Carohna, and Virginia); appointed by the governor in seven 
 {Massachusetts, Maine, New Hampshire, Connecticut, Delaware, Mississippi, and New Jer- 
 sey) ; while in Florida judges of the supreme court are elected by the people, and superior 
 court judges nominated by the governor. 
 
 3 Sudden changes in the composition of the supreme court are prevented by providing 
 that the term of only a few judges shall expire at the same time. 
 
 * Eighteen commonwealths have a term of six years, eight of eight years; five States, 
 including California, Delaware, Louisiana, Virginia, and West Virginia, have a twelve- 
 year term; while in New York the term is fourteen years, and in Maryland fifteen. 
 
 * The chief justice generally receives five hundred dollars more than the associate justices 
 
THE STATE JUDICIARY 1*1 
 
 justices. The constitutions of most States provide that 
 the salaries of judges may not be increased or diminished 
 during their term of office. 
 
 The qualifications required for judges include a mini- 
 mum age of twenty -five to thirty-five years, citizenship for 
 a varying period of years, and residence within the State 
 or judicial district. Comparatively few constitutions require 
 judges to be members of the legal profession, although 
 this qualification is prescribed by custom except for justices 
 of the peace. 
 
 iSQ. Subordinate Officers of Courts. The subordinate 
 officers of State courts are the recording officer or clerk, the 
 executive officer (sheriff or constable), and the 
 attorneys. The clerk or prothonotary keeps the 
 record of all judicial proceedings, has charge of the seal of 
 the court, and issues all writs. This officer is generally 
 appointed by the court or elected by popular vote. 
 
 The executive officer of inferior courts is the constable, 
 and of the higher State courts, the sheriff. These officers 
 are elected by the voters of the township or constau* 
 county, respectively, and are charged with the ""^'•'1'* 
 execution of all orders, judgments, and decrees of their re- 
 spective courts. 
 
 Litigation is ordinarily conducted by men educated in 
 
 the profession of law, known as attorneys. Before .„ 
 
 , . , . , . , J. Attom»Ti 
 
 bemg admitted to practice, these omcers must 
 
 pass a satisfactory bar examination conducted under the 
 authority of the supreme court. The government's cases are 
 conducted by the attorney-general (representing the com- 
 monwealth as a whole), and by prosecuting attorneys or 
 solicitors in each county. 
 
 i6o. The Protection of Rights. The jurisdiction of State 
 courts extends to all classes of cases, civil and private 
 criminal,' except as limited by provisions of the ^^^'*^ 
 State or federal constitution. The chief purpose for which 
 
 ' Foi the criminal Jurisdiction- M State courts see chapter xta. 
 
122 GOVERNMENT AND POLITICS 
 
 State governments exist is the protection of individual 
 rights, including personal rights (of life, reputation, per- 
 sonal liberty, and bodily security); rights of property, or 
 the free use and enjoyment of those things justly acquired; 
 and contract rights, or the enforcement of legal agreements 
 which one person has with another. 
 
 To deprive any person of a right which the law grants 
 him is a legal wrong, rendering the offender liable to pro- 
 Hedreas secution in court ^ — -"the place where justice is 
 oi wrongs legally administered." Thus the person who suf- 
 fers a legal wrong has the whole force of government at his 
 disposal to secure redress, for the judgment of the court 
 will be enforced by the executive authority of the State. 
 
 Legal wrongs are of two classes, public and private. 
 If a wrong is committed primarily against a private per- 
 Private son, it is known as a private wrong or tort; but if 
 wrongs }^ reaches beyond the individual and affects the 
 community at large, it is a public wrong or crime, and will 
 be redressed by government in a criminal proceeding. To 
 constitute a private wrong, an action must be wrongful in 
 itself, that is, not authorized by law; and it must result 
 in actual or legal damage. The person whose rights have 
 been invaded by a wrongful and injurious act may bring 
 a civil action or suit before the proper court, requesting 
 compensation for his injury. 
 
 i6i. Procedure in Civil Cases. The parties to a civil action 
 
 Parties *'® ^^^ plaintiff and the defendant. The plaintiff is the 
 
 party who claims to have sustained the injury and who 
 
 brings the action; and the defendant is the one against whom the 
 
 action is brought. 
 
 The first step is the filing of the plaintiff's statement of the 
 grounds of his suit, this being known as his declaration, com- 
 plaint, or petition. The plaintiff must apply to the clerk 
 and'lsan* °^ ^^^ court for a writ summoning the defendant to ap- 
 pear in court and meet the charges made against him. 
 This summons is served on the defendant by the sheriff or con- 
 stable.'^ The clerk also issues a summons or subpoena to all wit- 
 
 * At the time required in the summoiu the defendant must plead, or judgment by default 
 may be taken against him. 
 
THE STATE JUDICIARY 123 
 
 nesses whose testimony is desired by either party. The defendant 
 then files his reply or answer, setting up any defense which he may 
 have to the allegations made against him.^ The pIainti£F may reply 
 to this, and the defendant may then answer in turn until an issue 
 is reached, that is, " some specific point of law or fact affirmed on 
 one side and denied on the other." 
 
 As a rule either party in a civil case may demand a trial by 
 jury,* which generally consists of twelve men. The SeiecUon 
 method of selecting a jury is carefully regulated by law, "' *'° I""? 
 and by " challenges " either party may secure the rejection of 
 objectionable persons. 
 
 After the selection of the jury, the plaintiff's counsel states 
 the nature of the case as set forth in the declaration, and out- 
 Unes the main facts which he expects to prove. The sviaenc* 
 plaintiff's witnesses are next examined orally, the de- and 
 fendant being given an opportunity to cross-examine "K™'*"' 
 each witness after his direct testimony has been given. When 
 the plaintiff's case has been presented, his attorney annoimces 
 that he " rests." The defendant's attorney then outlines what he 
 proposes to prove and introduces his evidence, at the close of 
 which the plaintiff has an opportunity to introduce rebutting 
 testimony. Only that evidence is admissible which, in the opinion 
 of the judge, is material and relevant to the case. When the 
 testimony is closed, the cause is argued to the court and jury by 
 the counsel for each side, the plaintiff's counsel opening and closing. 
 
 Throughout the trial the judge decides what evidence may 
 properly be presented to the jury, and after the closing argument, 
 it is his duty to instruct them on the points of law Duties of 
 involved in the case. Either party may move for par- Judge and 
 ticular instructions, the granting or refusing of which by '"^ 
 the court, if erroneous, may be taken advantage of by a bill of 
 exceptions.' After receiving their instructions, the jury retire 
 for deliberation under charge of an officer of the court. Ordinar- 
 ily their verdict must be unanimous; and if agreement is found 
 impossible, they may be discharged by the judge, the cause then 
 remaining for trial as if none had taken place. If they are able to 
 agree, a verdict is rendered for the plaintiff or defendant; and after 
 the verdict has been accepted by the court, judgment is rendered 
 
 > Or the defendant may file a demurrer, which creates an issue of law. 
 
 ' In equity cases there is ordinarily no jury, and any civil case may be tried without a 
 jury if both parties consent. 
 
 > The object of a bill of exceptions is to make that a matter of record which otherwise 
 would not be, for the purpose of subsequent proceedings in error. Either party may except to 
 any rulings of the court which be deems erroneous, and on the basis of these exceptions ask 
 for a review of the case by a higher court. 
 
124 GOVERNMENT AND POLITICS 
 
 accordingly. If no appeal is taken from this judgment, it is en- 
 forced, if against the defendant, by a process called execution, 
 which is an order of the court directing the sheriff (or constable) 
 to see that the judgment is satisfied. Legal judgments are gener- 
 ally directed against the defendant's property, which will be seized 
 and sold unless the plaintiff be paid the damages or compensation 
 in money awarded to him. Judgments in, equity are ordinarily 
 directed against the person of the defendant, directing him to do 
 or refrain from doing some particular thing. 
 
 The decision of the court is not always accepted as final. Under 
 
 certain conditions the judge who tried the case will 
 wSt'otenor grant a new trial; or the dissatisfied party may carry 
 
 the case up to the next higher court, either by appeal 
 or writ of error. 
 
 ^62. Adjudging Legislative Acts Unconstitutional. In 
 addition to the functions ordinarily performed by courts 
 Unique in all countries, American tribunals stand prac- 
 S^ei'ican tically alone in the possession of a power which has 
 juoioiary greatly enhanced their dignity and importance. 
 The American judiciary is the final and authoritative in- 
 terpreter of the constitution. In every commonwealth the 
 written constitution is the supreme and fundamental law 
 to which all legislative acts must conform. The statute is 
 the expressed will of the legislature; but the constitution 
 is the expressed will of the people, and is therefore of higher 
 legal authority. In their State constitution the people have 
 limited and defined certain governmental agencies, includ- 
 ing the legislative, executive, and judicial departments, 
 and have formally announced certain fundamental prin- 
 ciples. Hence if the acts of any of these agents are in conflict 
 with the will of the people as expressed in the constitution, 
 such acts are null and void and may be so declared by the 
 courts.^ 
 
 163. Principles of Constitutional Interpretation. In 
 Oonorete determining whether a legislative act is con- 
 o"e stitutional, courts are guided by certain funda- 
 
 mental principles of constitutional interpretation. 
 One of the most important of these is, that the act must come 
 
THE STATE JUDICIARY liB 
 
 before the court in the form of a concrete case — that is, 
 there must be actual litigation between two or more par- 
 ties in which the question of constitutionality arises.' 
 
 Moreover, the question of constitutionality must be 
 clearly presented to the court, and a decision upon the point 
 must be necessary to determine the issue. The pre- ^^^^ea 
 sumption is in favor of the validity of the act, presumed 
 and its unconstitutionality must be clearly shown 
 before the court will set it aside. The motives of the legis- 
 lature cannot be inquired into, nor can it be shown that the 
 act was procured by fraud or bribery. 
 
 An act adjudged imconstitutional is null and void — it 
 is, in legal contemplation, as inoperative as though it had 
 never been passed. The decision of the court in jj^^^, j,, 
 the case is binding only upon the parties to the unoonBUtn- 
 suit; but it establishes a precedent which will be 
 followed if the same question is again presented to the court, 
 and hence it furnishes a notice to all parties that the statute 
 is to be treated as void and of no effect. 
 
 164. Judicial Control of Executive Officials. A second 
 important characteristic of the American judiciary is the 
 indirect control which it exercises over executive Ezecativa 
 officials through its power to pass upon the legal- Lnenabis 
 ity of executive acts. Thus if a governor should '" '""^* 
 UlegaUy remove an official from office, the latter may bring 
 an action against the governor in the proper court; and if 
 it be shown that the officer was unlawfully removed, the 
 court will reinstate him. Similarly, any citizen who is 
 wronged by an executive act may bring suit against the 
 offending officer in the ordinary courts, as he would against 
 a private citizen.^ 
 
 ' In only a few commonwealths, and there by express constitutional provision, may the 
 executive or legislature request the courts for advice as to the constitutionality of legislation 
 before its passage, 
 
 * This is in marked contrast to the system of administrative law prevailing in most 
 countries of continental Europe, where government officials are to a great extent protected 
 from the ordinary law of the land as to their official acts, for which they can only be held 
 accountable before special administrative courts. 
 
126 
 
 GOVERNMENT AND POLITICS 
 
 American courts use free- 
 ly their power to issue writs 
 Writs oi of mandamus in 
 andinjimo- order to compel 
 '^™ executive officers 
 
 to do acts which it is their 
 plain duty to perform, pro- 
 viding the act is one min- 
 isterial in its nature and not 
 involving the exercise of of- 
 ficial discretion. They also 
 issue writs of injunction to 
 prevent officials or private 
 individuals from perform- 
 ing illegal acts, ' 
 
 legf' Relation of State to 
 Federal Courts. State and 
 oonooiTsnt federal courts are 
 lurisdiouon entirely indepen- 
 dent in the exercise of their 
 respective powers. Their 
 jurisdiction, generally dis- 
 tinct, in some cases over- 
 laps. Many civil cases can 
 be brought at the option of 
 the plaintifiP either in a State 
 or federal court; or, when 
 brought by the plaintiflf in 
 the State court, may be re- 
 moved to the federal court 
 by the defendant. 
 
 In any case tried in a 
 State court, if the federal 
 Appeal to constitution, or 
 StotolfsTi- ^ federal law or 
 prameOonrt treaty is in- 
 volved, and the decision is 
 
 IN THE OOtrST OF COUUON FLEAS OF WEST* 
 MORELAND COUNTY, FENN'A. 
 
 SITTING IN EQUITY 
 
 No. 746 Equity. 
 
 Juttlson Coal ft Coke Company, a Corporation of 
 ttae State of Peniuylvaiila, Plalntlil, 
 
 United Mloe Workers of America, an ABsoclation 
 Incorporated or Unincorporated, Marshall llar- 
 raclnl, et al., Defendants. 
 
 DECBEE 
 
 And now, June Ist, lUlO, this case came on foj,' 
 hearing on motion to continue the preliminary in- 
 junction granted May 2Rth, 1910, until final hearing, 
 and after the taking and hearing of all teatimony 
 presented, It is adjudged and decreed as foUowi 
 
 That the United Mine WorkerB of America, an 
 AsBOciation, incorporated or unincorporated, Mar- 
 shal] Marracini, Charles Shaw, Joseph Littlewood 
 and George Thompson, organizers, otficials or mem- 
 bers of said association, Christopher Columbus, 
 John Morgan, John Marks, James Dinsmore, John 
 Luteransio, William Green, Joe Filician, Elmer 
 Harris, James Walker, "WilHam Hays, George Cush- 
 ing, Joe Leich, Joe Vcdidick, Nick Yardish, Stanley 
 BegoB, Frank Begos, Charles Kickler, John Fran- 
 chic, Frank Checkers, Patrick Duffy, Patrick Gal- 
 vin, Philip Duffy, EI. Brown, Patrick Cairns, Tony 
 Palo, Adam Shurkoaky, Frank Bnkat, Anton Ber- 
 nitoBki, George Conquaeh, Andy Conquash, Andy 
 Surin, Joe Kurtz, John Lance, Link Lance, Archie 
 McKeever, John Heaeley, William Logan, Harry 
 Heasley.George Bay, Sr., Lew Hawn, Jacob Heasley 
 and James Cole, defendants, and all other persons 
 who may at any time hereafter assemble with them 
 or aid or aasist them in the acts complained of in the 
 bill in this case, be enjoined and restrained from 
 conducting or engaging in marches to and past the 
 mines, property and works of the Jamison Coal & 
 Coke Company, and from assembling at or near the 
 works of said company for the unlawful purpose 
 complained of in this bill and indicated by the tes- 
 timony in this case ; and it is further decreed that 
 88 a mode for the accomplishment of such unlawful 
 purpose of intimidation, they be enjoined and re- 
 strained from establibhing and maintaining camps 
 upon the immediately adjacent lands of Ruffner's 
 heirs or elsewhere in such close and immediate 
 proximity of the plants and property of the com- 
 plainant whereon to collect large bodies of men 
 brought from other localities with a view and for 
 the purpose of thereby intimidating complainant's 
 employees who desire to work by any such display 
 of hostile force, or by means of noise, threats of 
 personal violence, opprobrious epithets addressed 
 to said employees or any of them from that point, 
 or by any other hostile and unlawful means what- 
 soever to operate on the fears of said employees, or 
 to thereby interfere with complainants in the op- 
 eration of their works. This decree to remain in 
 force until final hearing and until the further order 
 of the Court. Such of the defendants named in the 
 bill as are not specifically named in this decree have 
 not been shown by proof to have participated in the 
 unlawful acts complained of m the bill, and there- 
 fore, the injunction as to them is diechargeu 
 Attest : BY THE COURT 
 
 HARRY N. YONT, 
 Prothonotary 
 
 A PENNSYLVANIA INJUNCTION 
 
THE STATE JUDICIARY 127 
 
 against the party claiming a right, title, privilege, or im- 
 munity under federal law, the case may be appealed for 
 final decision to the Supreme Court of the United States. 
 If the State cotul upholds the federal law, its decision is 
 final, j/ 
 
 i66. Interstate Judicial Relations. The coiu^s of the 
 different States are entirely independent of each other, 
 subject to the limitation contained in the federal EHeot at 
 constitution that "full faith and credit shall be ^4^!° ^ 
 given in each State to the public acts, records, "isions 
 and judicial proceedings of every other State." ^ Decisions 
 of a State court constitute precedents of binding obliga- 
 tion only within the boundaries of the particular common- 
 wealth. The decisions of courts of other commonwealths 
 are constantly quoted in legal proceedings, but have no 
 authority beyond the intrinsic value of their reasoning and 
 conclusions. 
 
 No State court can summon before it witnesses who Kve 
 
 in another State, since the legal process of the court is not 
 
 effective beyond the boundaries of the common- _ 
 
 DaposlUons 
 wealth. In order to avoid this difficulty, all States 
 
 permit testimony for use ia civil cases to be taken outside 
 
 their limits by deposition. 
 
 GENERAL REFERENCES 
 
 Baldwin, Simeon E., The American Judiciary (1905),clis.vn-vni,x-xi,xiv, 
 
 xxn. 
 
 Modem Political Inatitulions (1898), ch. vn. 
 
 Beard, C. A., American Government and Politics (1910), ch. xxvi. 
 
 Readings in American Qovemment and Politics (1910), ch. xxvi. 
 
 Black, H. C, Constitutional Law (1897), ch. xii. 
 
 Bryce, James, The American Commonwealth (1907), i, ch. XLvn; n, chs. ci, 
 
 on. 
 Cooley, Thos. M., Constitutional Limitations (1903), ch. vn. 
 Dillon, J. F., Municipal Corporations (4th ed., 1890), n, chs. xx-xxm. 
 Forman, S. E., Advanced Civics (1905), ch. Xxiv. 
 Hart, A. B., Actual Oovernment (1903), ch. ix. 
 James, J. A., and Sanford, A. H., Government in State and Nation (1903), cL 
 
 vn. 
 Lowell, A. L., Esaaya on Government (1889), no. m. 
 
 1 Unittd Stalti Conititution, Art. rr, S«c. 1. 
 
128 GOVERNMENT AND POLITICS 
 
 McClain, E., ConatUutional Law (1905), ch. xxiv. 
 
 Sohoulei', James, ConttUuiional Studies (1904), pp. 283-295. 
 
 Walker, Timothy, American Law (1906), pp. 60-60, 108-117, 566-628. 
 
 Wilson, Woodrow, Consiilutional Government in the United States (1908) 
 
 oh. vi. 
 The Siatt (1906), sees. 1147-1175. 
 
 QUESTIONS AND EXERCISES 
 
 1. Name the several grades of courts in your State, be^mung with tht 
 lowest. 
 
 2. How many judges constitute the highest com-t? How are they chosen? 
 Give their term of office, quaUfications, and salary. 
 
 3. Where and when does the highest court hold its sessions? Name the 
 judges. 
 
 4. Do all the judges of the highest court belong to the same political party? 
 Has any attempt been made in your State, to secure a non-partisan 
 judiciary? 
 
 5. Answer questions in 2 concerning judges of the lower courts. 
 
 6. How may a judge be removed from office in your State? 
 
 7. What is the number of the judicial circuit (or district) in which you live? 
 What territory does it include? Name the judges. 
 
 8. Is there a court in your State corresponding to the probate court de- 
 scribed in Section 155? If so, what cases are tried in it? 
 
 9. If you live in a large dty, what special courts exist there? 
 
 10. Do you favor appointment or election of judges? Short or long terms? 
 Give reasons. 
 
 11. Describe the kind of man who you think would make a good judge. 
 
 , 12. In what court would you sue a man for a debt of $20? For a debt of 
 $2000? In what court would a man accused of murder be tried? A man 
 accused of violating a speed ordinance? 
 
 13. What are the advantages and defects of trial by jury? 
 
 14. Visit the courthouse when court is in session, and write a description of 
 the court-room and the trial. 
 
 16. Suggested readings on the State judiciary: Kaye, P. L., Readings, pp. 
 311-328, 
 
CHAPTER XII 
 
 THE POLICE POWER 
 
 167. Definition of the Police Power. The police power 
 is the governmental power to make all laws necessary to 
 preserve and protect the pubKc peace, public wiat is 
 safety, public health, and public morals.* It is uni- '""I"*'* 
 versally conceded to justify the destruction or abatement, 
 by summary proceedings, of whatever may be regarded as 
 a public nuisance.^ For example, under this power govern- 
 ment may order the slaughter of diseased cattle; the de- 
 struction of decayed or unwholesome food; the regulation 
 of railways and other means of pubKc conveyance; the 
 suppression of gambling and the liquor traffic; and the 
 confinement in hospitals of the insane or those afflicted 
 with contagious disease. Even beyond this, government 
 may interfere wherever the public interests demand; and 
 hence a large discretion is vested in the legislature to de- 
 termine what the interests of the pubhc require, and the 
 measures necessary for their protection. 
 
 168. General Characteristics of Police Power. It is 
 essential to free government that individual rights be se- 
 cured against governmental tyranny; but since Nature 
 rights guaranteed to individuals may be abused ""^origin 
 by them to the detriment of the community as a whole, it 
 is likewise essential that the public welfare be secured 
 against individual selfishness. No one should be permitted 
 to make such use of his personal or property rights as to 
 interfere with a reasonable enjoyment by others of simi- 
 lar rights. Thus the police power has its origin in the 
 
 1 "This police power of the State extends to the protectdon of the lives, health, comfort, 
 and quiet of all persons, and the protection of all property within the State.*' — Thorpe t. 
 Rutland and Burlington Railroad Company, il Vt. 140; Thayer's Cases, I, 709. 
 
 > Lawton t. Steele, 152 U. S. 133; Thayer's Cases, I, 819. 
 
130 GOVERNMENT AND POLITICS 
 
 principle "salus populi suprema lex" (regard for the pubKc 
 welfare is the highest law). Every person has a right to the 
 free enjoyment and disposal of his property; but if a man 
 living in a populous community erects a slaughter-house on 
 his premises, or engages in the manufacture of deadly 
 explosives, such use of his property would be adjudged a 
 nuisance because dangerous to the public health or 
 safety; and would be prohibited by government through 
 the exercise of the police power. Thus in its practical 
 application, the police power proceeds upon the principle 
 that each must so use his own as not to injure another 
 ("sic utere tuo ut alienum non loedas"). 
 
 So essential is this power to the public welfare that the 
 courts have declared that it cannot be surrendered by the 
 Police power legislatures. It is a part of governmental power, 
 inaiienaiiie ^^^ "the power of governing is a trust committed 
 by the people to the government, no part of which can be 
 granted away." ^ Even through contracts founded upon a 
 valid consideration, legislatures cannot so limit the dis- 
 cretion of their successors that they may not enact laws 
 necessary to protect the public safety, pubhc health, or 
 public morals. 
 
 The police power is distinct from eminent domain. 
 Eminent domain is an appropriation of private property 
 Diatmot ^"^ *^® ^^^ ^^ ^^^ public; while the police power 
 trom emin- regulates or destroys private property in the hands 
 of its owner. When the right of eminent domain 
 is exercised, proper compensation must be made to the 
 owner; but where property depreciates in value or is de- 
 stroyed through the exercise of the police power, the 
 owner is not entitled to compensation.^ 
 
 ' stone V. Mississippi, 101 U. S. 14 ; Thayer's Cases, ii, 1771. In this case the court sus- 
 tained the provisions of the Mississippi constitution of 1869 prohibiting lotteries, and a stat- 
 ute of 1870 enforcing these provisions, as against a corporation chartered in 1867 with au- 
 thority to carry on the business of a lottery for twenty-five years. The prohibition was held 
 a valid police r«gulation tending to promote the public morals. 
 
 3 Thus capital invested in breweries may be greatly depreciated in value through the adop- 
 tion of a Stats prohibition law, but the owners are without redress. Such was the decision 
 in Mugler c. Kansas, lU V. S. 623 ; Thayer's Cases, i, 793. 
 
THE POLICE POWER 131 
 
 169. Scope of the State's Police Power. While the 
 police power of the national government is narrowly limited 
 in its scope and extent,^ that of the States is full and com- 
 plete except as limited by express provisions of the federal 
 or State constitutions. Municipalities within the common- 
 wealth also possess limited police powers delegated by the 
 State government, to be exercised through municipal or- 
 dinances; but the police power of municipalities is subor- 
 dinate to the general police power of the State government, 
 and may be controlled or abrogated by the latter. 
 
 In exercising the police power, both the State and fed- 
 eral governments are Umited by certain important principles 
 
 designed to prevent its abuse. (1) State laws in ,, . . 
 
 . . . Umltattons 
 
 exercise of this power must not violate any pro- 
 vision of the federal or State constitution. (2) State legis- 
 lation must not interfere with the exclusive jurisdiction 
 conferred upon Congress over certain subjects. (3) State 
 and federal measures passed in the exercise of this power 
 must not be unreasonable, discriminating arbitrarily against 
 individuals or classes, or uivading private rights unneces- 
 sarily; but must be based upon one of the grounds for 
 which the police power may be exercised, and be reasonably 
 adapted to that purpose.* 
 
 The principal subjects concerning which the police power 
 of the State is exercised include: (1) the mainten- smijects at 
 ance of the public peace and order; (2) the pre- •"""*» 
 
 1 Congress has do general power to make police regulations; but in the exercise of powers 
 expressly granted, and as to subjects over which it has exclusive jurisdiction. Congress may 
 enact measures of public police. Examples are the federal statutes providing for the punish- 
 ment of treason and the suppression of insurrection or rebellion; excluding from the mails 
 lottery advertisements, fraudulent and other objectionable matter; prohibiting trusts and 
 combinations in restraint of trade; establishing a national quarantine; and regulating 
 immigration. 
 
 2 A State police regulation held invalid as interfering with federal control of interstate 
 commerce was the prohibition law of Iowa, forbidding the sale in that commonwealth of in- 
 toxicating liquors in original and unbroken packages imported from another State. The Su- 
 preme Court of the United States declared this law unconstitutional, holding it to be an in- 
 vasion of the exclusive control by Congress of interstate commerce. (Leisy p. Hardin, 1S5 
 U. S. 100; Thayer's Cases, II, 2104.) This decision would have made it impossible to enforce 
 State prohibition laws had not Congress promptly passed the Wilson Act, providing that 
 when liquor is imported into a State it becomes subject to the police power of the common* 
 wealth in the same manner as domestic articles of a similar nature. 
 
Idd GOVERNMENT AND POLITICS 
 
 servation of the public safety; (3) the promotion of the 
 pubhc health; and (4) the protection of the public morals. 
 
 170. Maintenance of Public Peace and Order. Mainten- 
 ance of the public peace and order is essential to the very 
 ThopnDiio existence of the State. Hence government may 
 "'" enact laws necessary to the performance of its 
 
 functions; it may define crimes and punish criminals; es- 
 tablish courts and regulate civil and criminal procedure; 
 provide for sherifPs, jails, and penitentiaries; prevent and 
 suppress unlawful assemblies and riots; and in general do 
 all things necessary to maintain law and order throughout 
 the commonwealth. 
 
 Every citizen owes to the community impUcit obedience 
 to the laws and to the regularly constituted authorities; 
 oivu and upon the orderly spirit characteristic of most 
 
 touV citizens, government largely relies for the preser- 
 entorosment yation of the public peace. The official agencies 
 charged with the special duty of enforcing laws are: first, 
 the local poUce force, consisting of policemen in the cities, 
 and constables in the rural districts; and second, the sheriff, 
 who is both the executive officer of the courts, and the 
 general conservator of peace throughout the county. The 
 sheriff has power to appoint deputies, and if necessary may 
 smnmon to his aid a posse. ^ 
 
 Under ordinary circumstances these local forces are 
 adequate to suppress lawlessness; but if the civil author- 
 MUitaiy ities are unable to cope with the disturbance, the 
 power governor, ordinarily upon request of the county 
 
 sheriff, will order the State militia to the scene. If even the 
 miUtia are unable to suppress the disorder, the State 
 legislature or the governor (if the legislature is not in ses- 
 sion) may apply to the President, who can use the whole 
 military power of the federal government to suppress the 
 outbreak. If the violence is so great as to interfere with 
 
 V In theory, the pone oawwiaiiu^ or county force subject to the iherifi'a summoua. indudM 
 aU «bl*-bodied men within the county. 
 
ARMORY OF THE STATE MILITIA 
 At Medford, Mass. 
 
 POLICE 'PROTECTION DURING A STRIKE 
 
 A number of ■wagons, each guarded by a squad of policemen. The occasion was 
 a teamster's strike in a large city. 
 
THE POLICE POWER 133 
 
 the execution of the functions of the federal government, 
 as the transmission of the United States mails, the Pres- 
 ident may send federal troops to the scene without the 
 request, and even contrary to the desire, of the State 
 authorities.^ 
 
 Thus the immediate purpose of the militia is to act as 
 a sort of State police force on which the governor may caU 
 in case of serious riots or insurrection. Under an „.,.„ 
 
 Mlliti& 
 
 act of Congress, the militia liable to be called out 
 by the President consists of all able-bodied male citizens 
 between the ages of eighteen and forty-five, an aggregate 
 of over fifteen million men. This entire number consists of 
 two classes: a small force of organized militia (known as 
 the national guard and the naval militia^) ; and a vast force 
 of reserve militia, called upon only in time of emergency. 
 
 The national guard is in no sense a standing army but 
 rather a citizen-soldiery, its members pursuing their ordi- 
 nary vocations and coming together for drill a few The na. 
 times each month at the armories provided by the """"^ *""* 
 State government. Each year the entire national guard of 
 the State is assembled in an encampment for the purpose 
 of inspection and drill. Enlistment is voluntary, and is for 
 a period of six years, three in the active organization and 
 three in the national guard reserve. 
 
 Congress prescribes the rules for the organization, arma- 
 ment, and discipUne of the mihtia; and these are now the 
 same as for the regular army. The militia may jugT^aaonj 
 
 be called into the service of the United States in oonooniiiig 
 
 11 I. 1 TT ■ mllltla 
 
 order to execute the laws of the Union, suppress 
 
 insurrection, and repel invasion. Except when called into 
 
 the federal service, the commander-in-chief is the governor, 
 
 assisted by his military staff, at the head of which is the 
 
 adjutant-general. Other officers are appointed by State 
 
 authorities, or elected by the men. 
 
 > This action was taken by President Cleveland during the great railroad strike of 1894, 
 s The commonwealths bordering upon the lakes or seacoaat maintain naval militias. 
 
134 GOVERNMENT AND POLITICS 
 
 171. Preservation of the Public Safety. One of the prin- 
 cipal objects for which the pohce power may be exercised 
 
 is the preservation of the public safety. Under 
 this head are included the numerous statutes regu- 
 lating steam and electric railways; '■ prohibiting the keeping 
 of explosives in dangerous quantities; forbidding the carry- 
 ing of concealed weapons; prohibiting the sale of poisonous 
 drugs unless labeled poison; requiring the muzzling of dogs; 
 providing that electric Ught wires in cities be laid below the 
 surface of the streets; regulating the general use and care of 
 streets and sidewalks; and establishing building regulations.^ 
 
 172. Promotion of the Public Health. Of the highest 
 importance are the laws and regulations designed to pro- 
 PuDUc mote the pubhc health of the community by main- 
 heaitii taining good sanitary conditions, and by prevent- 
 ing the spread of contagious or infectious disease. 
 
 Control of pubKc health is left primarily to local health 
 boards or officers of the cities, townships, and counties; but 
 in nearly every commonwealth there is a State board or 
 department having general supervision over conditions 
 affecting the public health, with some degree of control 
 over local boards and officers. 
 
 In order to protect the public health, governments 
 generally forbid the use of surface wells in cities; establish 
 Health quarantine regulations, as the exclusion from the 
 
 regulations gtate or the destruction of diseased cattle ; prohibit 
 the sale of unwholesome provisions and adulterated food 
 products; provide public hospitals and require the removal 
 thereto of persons afflicted with dangerous contagious or 
 infectious diseases; make regulations for the proper burial 
 of the dead; and adopt such other rules as are necessary to 
 
 > For example, requiring the erection of fences and cattle-guards, the safeguarding of 
 railway-crossings, the use of spark-arresters, of signal and switching devices, of brakes and 
 automatic couplers, regulating the speed of trains in cities, requiring the maintenance of 
 suitable depots and waiting-rooms for passengers, and prescribing tests of competency for 
 engineers and conductors. 
 
 2 For example, prescribing the maximum height of buildings, the strength of foimda* 
 tions and walls, character of the plumbing, and the number of exits and fiie-escapea. 
 
THE POLICE POWER 135 
 
 protect the general health of the community. The liquor and 
 cigarette traffic may also be regulated or entirely prohibited 
 by the legislature as dangerous to the public health. 
 
 173. Protection of the Public Morals. The object of 
 legislation in protection of public morality is not to set up 
 a standard of morals to which each person must p^^y^ ^^ 
 conform, the private character of the individual privats 
 being a matter for his own conscience and the 
 
 moral law. But government does have regard to the general 
 moral health of citizens, just as to their physical health, 
 and hence prohibits certain conduct which tends to lower 
 the general moral tone of the community. On this ground 
 statutes have been upheld punishing blasphemy; requiring 
 the cessation of all ordinary business and employment on 
 Sunday; ^ prohibiting gambling and other immoral amuse- 
 ments and entertainments; suppressing lotteries; and for- 
 bidding acts of cruelty to animals. 
 
 174. Miscellaneous Examples of the Police Power. Four 
 important subjects of the exercise of the poHce power deserve spe- 
 cial consideration, being justifiable upon one or more of the above 
 grounds of public safety, health, or morality. These are: (1) the 
 regulation of trades, callings, and occupations; (2) regulation of 
 labor; (3) regulation of charges and prices; and (4) regulations to 
 prevent frauds and oppression: 
 
 175. Regulation of Trades, Callings, and Occupations. 
 The general principle is that one may engage ia any lawful occupa- 
 tion or employment; but the commonwealth may regulate the con- 
 ditions under which employments may be carried on, and forbid 
 those which it deems prejudicial to the public good. Legislation 
 concerning occupations and employments is usually for one of 
 three purposes : (1) Certain occupations, as the liquor traffic and 
 gambling, are deemed inherently vicious and immoral, and may 
 be regulated or entirely prohibited. (2) Other callings (as the 
 business of ticket-scalping), while not inherently immoral, may 
 be forbidden as against public policy; and other proper occupa- 
 tions may be regulated (as the business of pawnbrokers and 
 junk-dealers) ; or altogether prohibited under conditions likely to 
 render them a public nuisance (as slaughter-houses in cities). 
 
 * Siuday regulations are now generally suitained as necessary to the public health, rather 
 than on moral grounds. 
 
136 GOVERNMENT AND POLITICS 
 
 (3) Finally, there is a large class of occupations and professions 
 where the safety, health, or property of the public is directly de- 
 pendent upon the possession of special knowledge and skill on the 
 part of those who practice them; and hence government may 
 restrict such callings (as those of law, medicine, teaching, phar- 
 macy, plumbing) to persons who can pass prescribed examinations 
 designed to test their qualifications. 
 
 176. Regulation of the Liquor Traffic. Regulation of the 
 manufacture and sale of intoxicating hquors has always been held 
 a valid exercise of the police power, justifiable on all 
 prowimon ^^^^ grounds of public safety, health, and moraUty. 
 Twenty-five States now prohibit the manufacture and 
 sale of intoxicating liquors (generally, by means of a constitutional 
 amendment). These prohibition States are: Alabama, Arizona, 
 Arkansas, Colorado, Florida, Georgia, Idaho, Iowa, Kansas, 
 Maine, Michigan, Mississippi, Montana, Nebraska, North Caro- 
 lina, North Dakota, Oklahoma, Oregon, South Carolina, South 
 Dakota, Tennessee, Utah, Virginia, Washington, and West Vir- 
 ginia. Against the policy of State-wide prohibition, it is pointed 
 out that in the prohibition commonwealths, breweries and distil- 
 leries exist and operate; that liquor is sold openly in many cities, 
 and surreptitiously in many others; and that because of the diflS- 
 culty of obtaining evidence and convictions against liquor sellers, 
 the prohibition law is practically a dead letter. On the other hand, 
 the friends of this policy claim that prohibition laws are as well 
 enforced as other penal statutes; that they are of immense moral 
 value in placing the stamp of public disapproval upon the traffic; 
 and that, except in the large cities, they have banished the open 
 saloon with its dangerous allurements. 
 
 Local option, or prohibition within local areas upon the affirm- 
 ative vote of a majority of the electors, is the system prevailing in 
 
 , , ., more than half the States. Under this plan the voters 
 Local option . i - .n • / i i 
 
 of a county, township, village, or city (or ward or other 
 
 district within the city), are allowed to determine whether or not 
 the prohibition law shall be applied to that particular area of the 
 commonwealth. Local option has the great advantage of resting 
 the policy concerning temperance upon the approval of the local 
 community; and upon local approval temperance laws must'^ 
 largely depend for their sanction and support.* 
 
 Under the license system, the State taxes each saloon a sum vary- 
 ing in different commonwealths from $50 to $1200 a year. The 
 
 ^ Local option and State prohibition have together abolished the saloon from two thirds 
 of the territory of the United States, so that at the present time fifty million people, or 
 more than half the entire pop.ilation of the Union, live under some form of prohibitory law. 
 
THE POLICE POWEE 187 
 
 advantages of a high-license system are that it lessens the numbei 
 
 of saloons and the amount of liquor sold, and forms 
 
 a productive source of revenue. Against the plan it is Jyg^* 
 
 urged that it makes the State a partner in the evils of 
 
 the traffic, and helps make the liquor-selling business respectable. 
 
 On the whole, the system of high license, in combination with 
 
 local option for districts desiring absolute prohibition, seems to 
 
 be more successful than any other plan. 
 
 The dispensary system, a modification of the Norwegian or 
 Gothenburg system, has been tried in South Caro- 
 lina. Under this plan, government has a monopoly of „lt'^"^ 
 the liquor business, all liquor being sold by local dis- 
 pensers under severe restrictions.'- 
 
 177. RegulatioQ of Labor. State regulation of labor is justi- 
 fiable if necessary to protect the safety, health, or morab of the 
 laborers themselves, or of the general public. Regulations of this 
 kind coromonly restrict the employment of women and children 
 in factories and mines; provide for the safety of employees by 
 requiring the inspection of elevators and boilers, and the fencing 
 of dangerous machinery; safeguard the health of laborers by 
 prescribing the minimum floor space and air supply per individ- 
 ual; and regulate the manufacture and sale of articles made in 
 tenements. These provisions are generally enforced by a State 
 department of labor in charge of a commissioner or inspector. 
 
 178. Regulation of Charges and Prices. Under the modem 
 principle of freedom of contract, the rate of wages and the prices 
 of commodities are ordinarily left to private arrange- 
 ment between the parties concerned. But under some th*'^ 
 circumstances, prices may be controlled by law in the 
 exercise of the police power. Thus where a corporation under- 
 takes a public employment,^ as the transportation of passengers 
 and freight, and receives special privileges which only govern- 
 ment can confer (as the power of eminent domain), the prices 
 charged may be regulated in the interest of the public so as to 
 prevent unreasonable and exorbitant charges.' Instances of busi- 
 ness " affected with a public interest " and therefore subject to 
 reasonable regulation are: the business of railroads and other 
 common carriers, including hackmen, draymen, and public ferry- 
 men; also that of public millers, hotel-keepers, and warehousemen. 
 
 ^ The dispensaries are open only in the daytime; no liquor can be drunk on the premises; 
 and profits from the business go to the government. 
 
 * Corporations of this land are usually called quoH-^publiCt or public-service corporationi, 
 beaauae of the public natnr« of their business. 
 
 > Munn c. Illinois, 94 U. S. 113: Thayer's Caiea, i, 743. 
 
138 GOVERNMENT AND POLITICS 
 
 179. Regulations in Prevention of Frauds and Oppres- 
 Speoial sion. Limitations are often placed upon freedom of 
 
 protection contract in cases where because of special circumstances 
 oJ oertala tjjg parties are not on an equal basis, one of them lack- 
 ing real liberty of action. Illustrations are the usury 
 laws, and statutes designed to protect minors and insane persons 
 in their business dealings. 
 
 Regulations designed to protect the public against fraud and 
 oppression are those providing for inspection of weights and meas- 
 PioTlsions ures; regulating the weight of bread in a loaf; pro- 
 agalnst hibiting trusts, corners, pools, and other combinations 
 
 oppress on j^^ pgg^raint of trade and designed to create a monopoly; 
 and forbidding boycotts and other coercive measures which inter- 
 fere with the rights of persons or property. 
 
 GENERAL REFERENCES 
 
 Black, H. C, Constitutional Law (1897), ch. xiv. 
 
 Commissioner of Labor, Fifth Special Report (1893), Gothenburg system ; 
 
 Twelfth Annual Report (1897), Economic Aspects of Liquor Problem. 
 Cooley, Tho8. M., Constitutional Law (1898), pp. 250-263. 
 — — ■ — Constitutional Limitations (1903), ch. xvi. 
 Bliss, W. D. P., and others. Encyclopedia of Social Reform (1908); articles 
 
 on Temperance, Prohibition, Factory Legislation, and Tenements. 
 Forman, S. E., Advan/;ed Civics (1906), ch. Li. 
 Freund, E., The Police Power. 
 Hart, A. B., Actual Government (1903), ch. xxx. 
 Hunt, W. C, Workers at Gainful Occupations (Bulletin no. in, TJ. S. Dept. 
 
 of Labor). 
 Koren, John, The Economic Aspects of the Liquor Problem (1899). 
 McClain, E., Constitutional Law (1905), ch. rx. 
 Prentice, W. P., Police Powers. 
 Tiedeman, C. G., Limitations of the Police Power. 
 Tucker, J. R., Constitution of the United States (1899), 11, pp. 850-861. 
 Wines, F. H., and Koren, John, The Liquor Problem in its Legislative Aipecti 
 
 (1898). 
 Wright, Carroll D., Practical Sociology (1899), chs. xn, xxni. 
 
 QUESTIONS AND EXERCISES 
 
 1. What authorities have charge of the maintenance of pubUc peace and 
 order in your community? How are these ofiBcers chosen? Term? How 
 removed? 
 
 2. Explain how the federal government cooperates in maintaining order 
 in your commonwealth, both in suppressing crimes against federal laws, 
 and in supporting the authority of the State government. 
 
 8. Howmany men are included in the national guard of your State? What 
 
 is the period of enlistment? Where are the men drilled? 
 i. Under what circumstances may the governor of your State call out its 
 
THE POLICE POWER 139 
 
 militia tor active service? Has it been necessary to call out the militiA 
 within recent years? 
 
 5. Give the provisions of five of the most important laws passed by your 
 State legislature to insure public safety. 
 
 6. What board or department in your commonwealth has general supervisr 
 ion over public health? Describe the powers of this department fully, 
 and state its authority over local health boards. 
 
 7. Examine the reports of your State board of health and ascertain: 
 (a) what regulations it has established concerning communicable dis- 
 ease; (b) what control it exercises over the food supply; (c) what reg- 
 ulations it has adopted to protect the public waters; (d) what other 
 sanitary regulations it attempts to enforce. 
 
 8. Give instances of important health regulations adopted by your local 
 health department. 
 
 9. Under what circumstances may a health department destroy private 
 property without compensation to the owner? 
 
 10. Give instances of laws passed by your State government for the protec- 
 tion of public morals. Are these regulations strictly enforced? Why 
 does the enforcement of such regulations largely depend upon public 
 sentiment in each community? 
 
 11. Give instances of occupations or calUngs which are unlawful in your 
 commonwealth. Of other occupations which, while not entirely pro- 
 hibited, are subject to a large degree of police regulation. 
 
 12. Does regulation of the liquor traflSc in your commonwealth take the 
 form of State prohibition, local option, or the license system? What are 
 the principal arguments in favor of State prohibition? Of the local 
 option system? 
 
 13. If your commonwealth has adopted State prohibition, state whether 
 the law is effectually enforced. If local option prevails, describe fully 
 the conditions under which the system may be adopted. 
 
 14. Give some of the most important provisions adopted by your common- 
 wealth in regulation of labor. 
 
 16. What restrictions has your State placed upon the employment of wo- 
 men and children in factories and mines? What is the object of such 
 regulations? Who enforces them? ^ 
 
 16. Have you a State board of arbitration tor the settlement of labor dis- 
 putes? Has it been successful in adjusting such controversies? 
 
 17. What is meant by a strike? Lock-out? Boycott? Picketing? What 
 can you say of the legality of these methods of industrial warfare? 
 
 18. What strikes have occurred in your State during the last year? What 
 per cent of these were successful? (See report of your Bureau of Labor 
 Statistics.) 
 
 19. Explain how a strike affects many more people than the employer and 
 employees in the particular industry. 
 
 20. Give arguments for and against compulsory arbitration of labor dis- 
 putes. 
 
 21. Prepare a paper on the growth of labor organizations in the United 
 States. 
 
 22. Give examples of industries in which the prices or charges are regulated 
 by law in order to protect the public. 
 
CHAPTER XIII 
 
 CRIME AND ITS PUNISHMENT 
 
 i8o. Wrong-Doing in Early Society. In the early stages 
 of society, private retribution was the sole remedy foi 
 ftiT«t»aii4 wrongs. If an individual suffered injury, retalia- 
 puiUo tion became the duty of his family or tribe. Or- 
 
 ganized revenge thus became a social institution, 
 and even in modern times has survived in some backward 
 regions as the "blood-feud." ^ Gradually retaliation was 
 somewhat checked by a system of compensation for in- 
 juries through the payment of money or goods — from which 
 the modem system of fines has been derived. With the 
 evolution of the state, government soon assumed the func- 
 tion of arbitrating private controversies and of redressing 
 injuries. Wrongs were no longer a matter of private venge- 
 ance, but were redressed through the courts by means of 
 civil and criminal procedure. 
 
 i8i. Classification of Wrongs. The wrongs for which 
 modem governments afford redress are of two classes: pri- 
 Piivate and ^^^® wrongs or torts, and public wrongs or crimes, 
 pnwio Torts may be defined as offenses primarily against 
 
 individual rights, for which the person injured 
 may bring a civil suit for damages or ask protection through 
 an injunction; ^ while public wrongs or crimes are offenses 
 so injurious to society as a whole that government itself, 
 through a criminal proceeding, enforces the penalty. Some 
 actions, properly designated as sinful or vicious, are neither 
 civil nor criminal offenses — in other words, the law does 
 not seek to prevent all wrongful acts. On the other hand, 
 
 1 Duela, aod in a measure lynebings, are survivals of the earlier status. 
 ' The procedure in civil cases has been described in Section 161. 
 
CRIME AND ITS PUNISICMENT 141 
 
 acts which in themselves do not involve moral turpitude 
 are sometimes declared criminal; for example, driving on 
 the left-hand side of a bridge. Thus only those acts are 
 crimes which are so declared by law. 
 
 182. The Definition of Crime. A crime may be defined as 
 an act forbidden by law as injurious to the public, and 
 which government prosecutes and punishes in its variaw* 
 own name. What acts are declared criminal de- *''°**"» 
 pends upon the common beliefs and convictions of men as 
 reflected in their laws and institutions. Thus crime varies 
 among different nations and in different periods of history; 
 acts regarded as heroic in one age may be considered crim- 
 inal in another, and vice versa. In the last analysis the de- 
 finition of crime is the product of public sentiment in a 
 particular society; ^ and upon the same public sentiment 
 criminal laws practically depend for their enforcement. 
 
 183. Classification of Crimes. The legal classification 
 of crimes is based upon the nature of the pimishment, and 
 includes three grades: treason, felonies, and mis- Treason, 
 demeanors. Treason is a crime aimed at the gov- ^^J niili- 
 emment itself, and consists in levying war against flem*""" 
 the United States, or adhering to its enemies, giving them 
 aid and comfort. Felony includes all the more serious crimes 
 punishable either by death or by imprisonment in the peni- 
 tentiary;^ while misdemeanors are offenses of a minor 
 nature, punishable by fine or imprisonment in the county 
 jail or workhouse. 
 
 With reference to the nature of the criminal act, crimes 
 may be classified as (a) offenses against government, as 
 treason and bribery; (b) offenses against public ^j^gj 
 order, as riot and conspiracy; (c) offenses against •lasaiiioa- 
 public health, as nuisance; (d) offenses against 
 religion, morality, and decency, as blasphemy; (e) crimes 
 
 ^ CrimiDality "consists ia a failure to live up to the standard recognized as binding bj 
 the community." — Ellis, H., The Criminal, p. 250. 
 
 ^ At common law, felony included those crimes whose pimishment involved forfeiture of 
 the criminal's lands and goods, and for which the deathrpenalty might also be inflicted. 
 
14« GOVERNMENT AND POLITICS 
 
 against the person, as assault or robbery; (f) crimes against 
 the dwelling-place, as arson and burglary; (g) crimes against 
 property, as larceny and forgery; (h) maritime offenses, as 
 piracy. 
 
 184. The Causes of Crime. The numerous factors which 
 produce crime may be grouped into three great classes: 
 AnaiTsia physical, social, and individual. (1) The physical 
 oiiaoton Qj. cosmic factors affecting crime are climate and 
 the variations of temperature. (2) Social factors are the 
 political, economic, and social conditions under which men 
 live; e. g., poverty, density of population, industrial de- 
 pressions, lynching, corrupt politics, influence of evil as- 
 sociations, and of injurious theories and beliefs. (3) Indi- 
 vidual factors of crime are those attributes inherent in the 
 individual himseff, as sex, age, education, occupation, and 
 alcoholism — forces whose ultimate product is sometimes 
 hereditary or indi vidua' degeneration. The science which 
 treats of the nature and various causes of crime, known 
 as criminology, has been of especial value iu suggesting 
 possible methods of prevention. 
 
 185. The Repression of Crime. Among the important 
 means which society has provided for dealing with crime 
 R«piessive are the public police force, whose special duty is 
 agMMies |.jjg prevention and detection of crime and the ar- 
 rest of criminals; the system of courts and criminal pro- 
 cedure for the determination of the guilt of accused persons; 
 and the various types of penal institutions for the punish- 
 ment of convicted criminals. In the United States these 
 agencies are provided chiefly by the individual common- 
 wealths, the federal government having jurisdiction only 
 over limited classes of crimes. "^ 
 
 186. First Steps in a Criminal Action. The various steps in 
 
 a criminal proceeding are designed to safeguard the 
 i„„j social welfare, while at the same time protecting the 
 
 rights and Uberty of the individual. As a general rule. 
 the person supposed to be an offender is arrested in pursuance of 
 
 > See Ckaptn : 
 
CEBIE AND ITS PUNISHMENT 14a 
 
 a warrant, that is, an order issued by a proper magistrate and 
 addressed to an ofQcer directing him to arrest the person named. 
 But either an officer or a private individual may arrest without 
 warrant under certain circumstances; for example, if a crime is 
 being committed in view of the person who apprehends the 
 criminal. 
 
 The next step is the examination before a court having original 
 jurisdiction over the offense. In case of felonies this is gener- 
 ally a preliminary step to ascertain whether there is 
 reasonable cause to hold the accused to await the ^j^^ 
 action of the grand jury; and if guilt seems probable, 
 or if the accused waives examination, he is committed to jail by 
 a mittimus,^ or released on bail.^ But in case of misdemeanors, 
 magistrates often have summary jurisdiction, and at once proceed 
 with the trial, render a decision, and assign a penalty. 
 
 187. Framing a Formal Accusation. Most State constitu- 
 tions as well as the federal constitution provide that " no person 
 shall be held to answer for a capital or otherwise in- indlotmsnt 
 famous crime, unless on a presentment or indictment of or present- 
 a grand jury." The grand jury is a body of men (com- ™"'' 
 monly twenty-three) selected from the people of the county for the 
 purpose of inquiring into offenses committed therein. The pub- 
 lic prosecutor lays before this body the information or complaint, 
 together with the evidence in its support. If a majority of the 
 grand jury believe the evidence sufficient to warrant putting the 
 accused person on trial, their foreman indorses on the indictment 
 " a true bill," whereupon it is returned to the court in order that 
 the defendant may be tried. If the evidence does not appear suf- 
 ficient, the accused has a right to discharge, but may be subse- 
 quently indicted by another grand jury. In addition to cases 
 brought before it by the prosecutor, the grand jury may inquire 
 into offenses which have come to their own notice, and if the evi- 
 dence warrants, may render a presentment or formal accusation, 
 whereupon the court generally orders an indictment to be framed. 
 
 In States whose constitutions do not require indictments or pre- 
 sentments, prosecutions are usually initiated by means The 
 of an information or written accusation presented tnloimatlon 
 under oath by the public prosecutor to the court having juris- 
 
 * If there is reason to suppose that a person has been illegally committed to jail, he is en- 
 titled to a writ of habeat corpus. This is an order issued by the judge commanding that the 
 person held be brought before the court in order that it may bejjudicially determined whethet 
 he is legally detained. 
 
 * Bail ia the delivery or bailment of the arrested person to certain sureties, upon their giv- 
 ing sufficient security for his appearance in court. The amount of the bond varies with the 
 enormity of the offense charged. 
 
144 GOVERNMENT AND POLITICS 
 
 diction of the offense charged. Both the information and the 
 indictment must set forth all the essential elements and circum- 
 stances of the offense, so that the accused may know the nature 
 of the crime, and be prepared to offer evidence in his defense. In 
 case the person against whom the indictment or information is 
 found hcis not been arrested and brought before the court, a war- 
 rant known as a process is issued for his apprehension. 
 
 1 88. Arraignment and Trial. The next step is arraignment. 
 Before the bar of the court in open session the indictment or in- 
 The slea formation is read to the accused, and he is asked to 
 plead guilty or not guilty to the accusation. If he 
 stands mute and refuses to answer the arraignment, the court 
 will order a plea of not guilty to be entered. A plea of guilty 
 amounts to a waiver of the trial, and the court may forthwith 
 decree judgment. If the accused pleads not guilty, his attorney 
 may under certain circumstances object to the jurisdiction of the 
 court, demur, offer plea in abatement or in bar; or he may pro- 
 ceed with the trial of the issue. 
 
 The trial is the legal investigation of the issues created by the 
 prosecution and the plea. Constitutional provisions commonly 
 Oonstltn- secure the right of the accused: (1) to be admitted 
 tlonal to reasonable bail; ^ (2) to have a copy of the accusa- 
 
 stltguaiia ^Jqjj against him; (3) to be heard by himself and coun- 
 sel; (4) to meet the witnesses face to face; (5) to have compulsory 
 process for obtaining witnesses in his favor; (6) to have a speedy 
 public trial before an impartial jury; and (7) not to be twice 
 placed in jeopardy for the same offense. 
 
 The petit jury is a body of twelve men legally selected from the 
 people of the county, and duly impaneled and sworn to try the 
 The petit issue between the government and the accused. Before 
 Inry the jury is sworn, both the prosecution and the defense 
 
 may object to any individuals who, for valid reasons, ought not 
 to serve; * and a certain number of peremptory challenges is also 
 allowed. 
 
 When the jury have been sworn, the indictment and plea are 
 read to them, and the trial begins. The various steps include the 
 introduction of evidence, the arguments of counsel, 
 the trial t^® charge of the court, the deliberation and verdict of 
 the jury, and the judgment. Two of the most import- 
 ant rules of evidence in criminal cases are that the accused is 
 always presumed to be innocent until he is proven guilty; and 
 
 * Except for capital offenses where the guilt is evident or the presumption great. 
 
 • Any juror who states that he has formed an opinion about the case is incompetent to 
 serve, provided he would not be able to try the case fairly on the evidence presented. 
 
CRIME AND ITS PUNISHMENT 144 
 
 that the prosecution must prove affirmatively, and beyond a rea- 
 sonable doubt, every material allegation in the indictment. The 
 accused has the right to testify in his own behalf, but is protected 
 by constitutional provision from being compelled to do so.' In 
 criminal cases the verdict of the jury must be unanimous.' If 
 after due consideration the jury cannot agree upon a verdict, they 
 may be discharged and the accused remanded for another trial. 
 If the verdict is an acquittal, the accused is immediately dis- 
 charged; if it is one of conviction, the accused may under certain 
 circumstances immediately file a motion for a new trial or in 
 arrest of judgment. 
 
 If neither of these motions is made or if, having been made, 
 it is overruled, the court proceeds to judgment. This is an 
 order directing the kind and measure of punishment i_j__... 
 to be inflicted on the accused, in conformity with the 
 laws prescribing penalties for such offenses. Unless stayed by 
 error proceedings or reprieve, or prevented by pardon, execution 
 of the judgment follows; and this consists in the infliction upon 
 the offender of the punishment imposed by the court. 
 
 189. The Theory of Punishment. In the early stages of 
 society, and indeed throughout the greater part of the 
 world's history, the object of punishment was E^iymj 
 retaliation — a life for a life, an eye for an eye, moiieni 
 a tooth for a tooth. The crime of miu-der is still 
 generally punished on this principle, although the tendency 
 is toward the abolition of the death penalty.' But the pre- 
 vailing theory of punishment is not retaliation, but rather 
 the protection of society, and if possible the reformation of 
 the offender. By inflicting punishment, society endeavors to 
 protect itself against criminal acts by awakening a whole- 
 some fear of their consequences. History proves that se- 
 verity of penalty alone will not solve the problem; and hence 
 effort is now made to provide punishment of such character 
 that it may reform the offender, and ultimately fit him for 
 the life of a trustworthy citizen. 
 
 ^ But if be voluntarily goes on the stand be may be cross-examined like any otbei 
 witness. 
 
 * Bxcept that in a few Western States a verdict of nine or ten out of tbe twslve jurors 
 ka allowed in some cases. 
 
 * Capital punishment has been abolished in Maine, Rhode Island, Michigan, Wisconiill, 
 and Kansas. 
 
146 GOVERNMENT AND POLITICS 
 
 Fines or imprisonment, or both, are the penalties com- 
 monly inflicted; and these vary greatly in severity through- 
 Common ^^^ ^^^ Union, even for the same offense. Laws 
 pnnisii- defining crimes usually prescribe a maximum and 
 minimum penalty, the exact pimishment within 
 these limits being left to the discretion of the trial judge. 
 Imprisonment is generally for a fixed period which may be 
 reduced by good behavior; but several commonwealths 
 have adopted the indeterminate sentence luider which the 
 criminal is not sentenced for a fixed term, but only until 
 his conduct shows that he is fit for Uberty. 
 
 190. Places of Imprisonment. Places of imprisonment 
 comprise lock-ups or police stations, jails, work-houses, 
 reformatories, and prisons or penitentiaries. Lock-ups and 
 police stations are used for the detention of arrested per- 
 sons pending immediate trial before the proper magistrate. 
 Jails are county institutions intended primarily for the de- 
 tention of persons awaiting trial; but they are often used 
 for the punishment of offenders sentenced to a short term 
 of imprisonment, notwithstanding this practice in effect 
 provides a school for crime.' Work-houses are local in- 
 stitutions used for the punishment of minor offenses; 
 reformatories are intermediate prisons for the punishment 
 of juvenile offenders; and penitentiaries or prisons are 
 provided for the incarceration of convicted felons. 
 
 Two general types of prisons are found, the separate 
 system which formerly existed in the Eastern Penitentiary 
 Typos oi at Philadelphia, and which prevails generally 
 prisons throughout Europe ; and the congregate or Auburn 
 system — the common plan in the United States. The 
 separate plan involves a complete separation of the prison- 
 ers; each man works, eats, and sleeps in an individual cell 
 apart from all other inmates.^ Under the congregate sys- 
 
 ■ Owing to the fact that prisoners of all grades and ages are often placed together with no 
 provision for useful employment. 
 
 > This system involves a large expense for operation, and has been modified at the East- 
 ern Penitentiary by placing more than one inmate in each cell. 
 
CRIME AND ITS PUNISHMENT 147 
 
 tem,the men are placed in separate cells at night, but they 
 work and dine together. 
 
 191. The Treatment of Criminals. The importance of 
 classifying criminals with a view to their possible reforma- 
 tion is now generally recognized; and accordingly Th« mark- 
 prisoners are generally classed as juvenile oflFend- ^ »y»t»'» 
 ers, reformatory cases, and incorrigibles. With the object of 
 encouraging industry and good conduct within the prison, 
 most penitentiaries have a system of marks and grades, 
 promotion from a lower to a higher grade depending upon 
 the number of marks earned. Obedience to the orders of 
 officers and the rules of the prison, performance of assigned 
 tasks, and upright conduct form the basis of the marking 
 system; and by good behavior it is possible for the convict 
 to shorten materially his term of imprisonment. 
 
 Labor is recognized as of the highest value in the treat- 
 ment of prisoners, the four common systems of prison labor 
 
 being the lease system, the contract system, the „ . 
 
 . , J , , ,. Prison laloi 
 
 piece price plan, and the public account system. 
 
 Under the widely used public account plan, government 
 
 furnishes the plant and raw materials, and the business 
 
 of manufacturing is carried on under the direction of 
 
 prison officers. The industries are diversified as much as 
 
 possible in order to adapt them to the occupations and 
 
 training of the convicts, and in order to reduce the effects 
 
 of competition with free labor. In many commonwealths 
 
 prison labor is devoted largely to the manufacture of goods 
 
 used in the various State institutions. 
 
 192. The Prevention of Crime. Inasmuch as the majority 
 of convicts are unskilled laborers, the best organized penal 
 institutions provide trade and technical educa- preTsntiTo 
 tion for their inmates, with the object of qualify- "'•**''*■ 
 ing them for useful employment upon their discharge. In 
 many other ways society now aims at the prevention of 
 crime instead of relying solely upon repressive measures. 
 These preventive methods include careful registration 
 
148 GOVERNMENT AND POLITICS 
 
 of criminals by the Bertillon method; employment bureaus 
 to secure work for discharged prisoners; increased efficiency 
 of police systems; improved systems of poor relief; checks 
 upon the hereditary supply of criminal stock; the removal 
 of the social causes of crime (as defective economic con- 
 ditions); and finally, the improvement and adaptation of 
 educational systems, especially by enlarging the facihties 
 for trade and technical training. 
 
 193. Treatment of Juvenile Offenders. In recent years 
 there has been great progress in the social treatment of 
 Heioim- juvenile offenders, most of whom need training 
 atorias rather than punishment. Special provision is now 
 
 made for the care of such cases in industrial and reform 
 schools, and ia well-organized reformatories. The reform- 
 tories at Westboro, Massachusetts, Lansing, Michigam, 
 and Lancaster, Ohio, are model institutions of their class ;^ 
 and excellent results have been obtained by means of the 
 industrial and academic education which they supply, 
 aided by the principle of the indeterminate sentence. 
 
 The latest development in the treatment of youthful 
 ofifenders is the establishment of special courts for the trial 
 juvenus of juvenile delinquents, the judges commonly 
 courts having wide discretion over the disposal of such 
 
 cases. Special probation officers are also employed for the 
 supervision of delinquent, dependent, and neglected child- 
 ren in the numerous cases where institutional treatment 
 does not seem expedient. These officers act under the di- 
 rection of the juvenile court in the commonwealths having 
 this institution. 
 
 1 In all there are seventy reformatories in the United States with an average attendance of 
 20,000 juveniles. 
 
CRIME AND ITS PUNISHMENT 14& 
 
 GENERAi REFERENCES 
 
 Baldwin, Simeon E., Modem Political Institutions (1896), chs. v, JX. 
 
 Beard, C. A., American Government and Politics (1910), pp. 568-577. 
 
 Bishop, J. P., Criminal Law. 
 
 Black, H. C, Constitutional Law (1897), ch. XX. 
 
 Boies, H. M., Science of Penology (1901). 
 
 Dugdale, R. L., The Jukes (1902). 
 
 Ellis, Havelock, The Criminal (1907). 
 
 Bliss, W. D. P., and others. Encyclopedia i^ Social Refcyrm (1908) ; articles od 
 
 Crime and Penology. 
 Hall, A. C, Crime in its Relation to Social Progress (1902). 
 Henderson, C. R., Dependent, Defective, and Delinquent Classes (1906), pp. 
 
 215-338. 
 McClain, E., Constitutional Law (1905), ch. xui. 
 
 Criminal Law. 
 
 Morrison, W. D., Crime and its Causes (1891). 
 
 New International Encyclopedia, articles on Criminology, Convict Labor, 
 
 Punishment, Reformatories. 
 Robinson, W. C, Elementary Law (1882), pp. 239-336. 
 ^allack, William, Penology and Preventive Principles (1896). 
 Walker, Timothy, American Law (1905), pp. 553-566, 636-643. 
 Wines, F. H., Punishment and Reformation (1895). 
 Wright, Carroll D., Practical Sociology (1899), chs. xxi-xxn. 
 
 QUESTIONS AND EXERCISES 
 
 1. Are there any provisions in your State constitution concerning Crimea 
 or punishment? 
 
 2. What is a felony under the laws ot your State? Name several crimes 
 which are felonies. 
 
 3. In your community what court has jurisdiction over misdemeanors? 
 Over felonies? 
 
 4. Describe the first steps in a criminal action under the laws of your 
 commonwealth. 
 
 5. How is the grand jury chosen? Of how many men does it consist? De- 
 scribe the process of rendering an indictment or presentment. 
 
 6. Describe the remaining steps in a criminal action in your county (ar- 
 raignment, trial, judgment). 
 
 7. Explain the importance of jury trial to one accused of crime. 
 
 8. What is the method of selecting petit jurors in your county? Can you 
 suggest a better method? 
 
 9. Visit the courthouse and observe the steps in a criminal trial. Write 
 a report of the proceedings. 
 
 10. Enumerate the safeguards in your State constitution designed to secure 
 the rights of accused persons. 
 
 11. Is the principle of the indeterminate sentence applied in your common- 
 wealth? 
 
 12. Are those who have been convicted of a felony permitted to vote m 
 your State? 
 
 13. Give arguments for and against capital punishment. 
 
 14. Classify the various places of imprisonment in your State. What class 
 ot offenders is sent to each? 
 
150 GOVERNMENT AND POLITICS 
 
 15. What industries are carried on in your State penitentiary? Explain the 
 advantages to the State and to the prisoners of keeping the latter em- 
 ployed at useful labor. What arguments are sometimes urged againsc 
 prison labor? 
 
 16. Is there a reformatory in your State for youthful offenders? If so, write 
 a brief account of it. 
 
 17. What industrial or reform schools are there in your State? Are they 
 accomplishing good results? 
 
 18. Is there a juvenile court in your community? If so, describe its work, 
 and that of the probation officers. 
 
 19. Prepare a brief report on the treatment of criminals in colonial times. 
 (McMaster. History of the American People, i, pp. 93-102.) 
 
 SO. Suggested readings on criminal procedure: Kaye, P. L., Readings, 
 pp. 816-334. 
 
CHAPTER XIV 
 
 PUBLIC CHAHITIB8 
 
 194. Relation of Government to Charity. In early times 
 the relief of the destitute and helpless members of society 
 was left chiefly to the church and to private phil- oiuuity 
 anthropy; but to-day in the more progressive apusuo 
 countries the care of the dependent and defect- 
 ive classes is a clearly recognized function of government. 
 The aim of public charity is the relief of those suffering 
 from poverty and disease; and at the present time special 
 effort is made to discover and remove the causes of dis- 
 tress, rather than merely to minimize the results of bad 
 conditions.' 
 
 Actual administration of public charities is entrusted 
 primarily to local areas — to the towns in New England 
 and the Middle States, to the counties in the . ^ 
 South, and in the Central and Western States to aamin- 
 one or both of these divisions. The larger cities 
 frequently have a system of poor reKef separate from that 
 of the counties in which they are situated. 
 
 In many commonwealths the work of local authorities 
 is subject to a greater or less degree of central supervision 
 by a State board of charities. Generally this is state boaiss 
 merely an advisory body with power to inspect, °* charities 
 investigate, and make recommendations to the governor 
 or legislature (as in New York, Massachusetts, California, 
 Indiana). In several commonwealths^ the State board is 
 one of control, with power to appoint the superintendents 
 of charitable institutions, inspect the construction of asy- 
 
 * The effort to ascertain causes is characteristic of private, rather than of public charity. 
 2 Minnesota, Iowa, Kansas, Ohio, Illinois, Rhode Island, and Wisconsin. 
 
1«« GOVERNMENT AND POLITICS 
 
 lums and poor-houses, and in general to administer the 
 charitable system of the State. 
 
 195. The Causes of Poverty. Various theories have been 
 advanced by economic writers to account for the funda- 
 Thoories ot mental causes of poverty. Thus some economists, 
 Qeoig"ana following the teachings of Malthus, assert that 
 **"" poverty exists mainly because population tends 
 
 to increase faster than food supply. Other writers accept 
 the theory of Henry George that poverty exists because the 
 owner of land receives as rent a large share of the annual 
 product which ought to go to the laborer. Socialistic 
 writers, following the doctrine of Karl Marx, maintain 
 that poverty is due to the fact that imder capitalistic 
 production the capitalist appropriates nearly all the product 
 of labor, paying the laborer wages which barely suffice to 
 keep him alive. 
 
 A more probable explanation is that poverty results not 
 from a single cause, but from a number of causes. 
 
 tionoi These have been grouped by Professor Carl 
 
 Kelsey into three main classes, environmental, 
 personal, and social, as shown in the following outline: — 
 
 CAUSES OF POVERTY 
 
 I. Environmental: 
 
 (a) Adverse physical environment: polar regions, tropics, 
 deserts, swamps. 
 
 (b) Disasters, flood, earthquake, fire, famine. 
 n. Personal: 
 
 (a) Physical defects: feeble-mindedness, insanity, blind- 
 ness. 
 
 (b) Moral defects: dishonesty, laziness, shiftlessness, etc, 
 
 (c) Intemperance. 
 
 (d) Licentiousness. 
 
 (e) Sickness. 
 
 (f) Accident. 
 
 HL Social: 
 
 (a) Industrial changes affecting the worker: change ot' 
 location of trade, inventions, strikes. 
 
PUBLIC CHAKITEES 158 
 
 (b) Exploitation. 
 
 (c) Race prejudice. 
 
 (d) Sickness, death, desertion, crime of natural supporter, 
 
 (e) Defective sanitation. 
 
 (f) Defective educational system. 
 
 (g) Bad social environment, 
 (h) War. 
 
 (i) Unwise philanthropy. 
 
 It is estimated that about one third of all cases apply^ 
 Ing for relief do so because of sickness; another neUtiTe 
 third because of labor problems; and probably '™»™^'""* 
 one fifth owing to intemperance in the family. 
 
 196. General Methods of Poor Relief. The two gen- 
 eral methods of granting public relief are: (1) outdoor 
 relief, or that given to dependent persons in their onMoor 
 homes; and (2) indoor or institutional relief. ""** 
 Outdoor relief is carried on by local governments, which 
 often supply goods, or orders for goods, to persons unable 
 to support themselves. The practical difficulties in ad- 
 ministering public outdoor relief are so great that many 
 authorities believe that this plan should be discontinued 
 except in rural districts.' 
 
 Indoor or institutional relief is afforded through the 
 almshouse or poor-farm, the fundamental institution in 
 our system of public charity. The almshouse is insoor 
 generaUy a county institution except in New ""'' 
 England, where the care of the poor devolves upon the 
 towns.* Municipal almshouses are maintained by the 
 larger cities; while rural townships usually care for their 
 paupers on poor-farms.' 
 
 197. Care of Dependent Children. The degrading in- 
 fluence of almshouse life upon children is now generally 
 
 ^ '* Nearly all the experiences in thia country indicate that outdoor relief is a source of cor- 
 ruption to politics, of expense to the community, and of degradation and increased pauper-, 
 ization to the poor. ... In the new communities of the West it has seemed to be almost 
 necessary; but it is always to be watched with care, to be kept at a minimum, and in large 
 dtia to be definitely prohibited." — Warner, A. G., American Charitist, pp. 174-17/i. 
 
 ' New Hampshire forms an exception, having both county and town institutions. 
 
 * In several commonwealths a group of smaller countiet frequently unite in the maintea 
 ance of a district or association almshouse. 
 
154 GOVERNMENT AND POLITICS 
 
 recognized,' and in many commonwealths dependent 
 children are cared for in children's homes. Since institu- 
 tional life at best is unnatural and imsatisfactory, this 
 method is often supplemented or even entirely super- 
 seded by the placing-out system, which aims to have de- 
 pendent children adopted at an early age into private 
 families. Practically all charitable workers agree that 
 "the home is the natural place to properly develop the 
 child"; and hence if supplemented by proper supervision, 
 the placing-out plan is far superior to the institutional 
 method. 
 
 198. Medical Charities. Medical assistance forms an- 
 other important branch of public charity. Throughout the 
 inflrmarios, United States it is customary to furnish advice 
 Md'aia-'' ^^^ medicines to the destitute in their homes, 
 venaariea for which purpose physicians are employed by the 
 town or county authorities. More serious cases may be 
 treated in the county infirmary (a general hospital con- 
 nected with the almshouse); or in cities, at the municipal 
 hospital. A prominent feature of city hospitals is the free 
 dispensary, where advice and medicine may be secured 
 without charge by those unable to pay. 
 
 199. Dealing with the Vagrant Poor. The best method 
 of dealing with the homeless and wandering poor is a serious 
 problem, largely because of the difficulty of distinguishing 
 between the professional tramp and the honest but unfor- 
 tunate seeker for employment. In most communities, both 
 of these classes are treated in the same way, a common 
 method being to get rid of them as promptly as possible 
 by passing them along to a neighboring city, transporta- 
 tion being frequently provided for this purpose. Sometimes 
 such persons are arrested as vagrants and sent to the jail 
 or workhouse; or again they may be given the relief asked 
 
 * Dickens said: "Throw a child under a cart-horae'a feet and a loaded wagon sooner 
 than take him to an almshouse." — The keeping of normal children in almshouses is for- 
 bidden in many States (for example, in Massachusetts, New York, Ohio, Indiana, and 
 others). 
 
PUBLIC CHAEITIES 155 
 
 for without any attempt to discriminate between the dte- 
 serving unfortunate and the shiftless vagabond.' Each of 
 these methods is bad; but as yet comparatively few com- 
 munities have adopted a more scientific plan whereby each 
 able-bodied appKcant for rehef is put to work in a wood 
 or stone yard, pending a careful investigation of his case, 
 followed by such action as the circumstances warrant. 
 
 200. Charity Organization Societies. In many of the 
 larger cities, the various charitable organizations are united 
 in a charity organization society ^ which is a central agency 
 for securing cooperation among the different philanthropic 
 agencies. The charity organization society aims to secure 
 accurate knowledge concerning each applicant for aid, and 
 then to bring each deserving case to the attention of the 
 organization which can best deal with it.' This plan avoids 
 duplication of effort by different societies, and tends to pre- 
 vent imposition by professional tramps and beggars. It 
 makes possible the elimination of indiscriminate almsgiving, 
 since the citizen may refer unknown applicants for relief 
 to the charity organization society, whose special business 
 is the investigation of such cases. Another important 
 function of this organization is the collection and diffusion 
 of accurate information concerning charities and their 
 administration. 
 
 201. Care of Defective Classes. In earlier days the alms- 
 house commonly cared for defectives, as well as g-jjijuzea 
 for the dependent class; but at the present time state 
 defectives, including the insane, blind, deaf-mutes, 
 
 and feeble-minded, are often cared for in special institutions 
 maintained by the State.* 
 
 ^ "Giving without knowledge is, in its effects, like administering powerful medicinei ia 
 the dark; and the effect of such impatient and impulsive payment for escape from impor- 
 tunity is a direct bid for vagabondage." — Henderson, C. B., Dependent, Defective, and 
 Delinquent Claises, p. 89. 
 
 * Other names are the Bureau of Charities, Associated Charities, and Society for Organize 
 ing Charities. 
 
 ' Thus the aim of the charity organization society is simply to act as a clearing-hoiue foi 
 its members; bat ia practice it gives much direct aid. 
 
 ' A few States kave special institutions for the care of epileptics. 
 
15« GOVERNMENT AND POLITICS 
 
 Until the early part of the nineteenth century, the insane 
 
 were treated in a most inhuman manner. Largely through 
 
 _^ , the efforts of Dorothea Dix, pubUe sentiment 
 
 TJi6 Insane 
 
 in the United States was finally aroused on this 
 
 subject, and gradually the policy has been adopted of treat- 
 ing insanity as a disease, and caring for patients in State 
 rather than in local institutions.' In every commonwealth 
 the commitment of persons supposed to be insane is care- 
 fully regulated by statutes providing for publicity of pro- 
 ceedings, and for expert medical testimony on the question 
 of insanity. 
 
 The blind, deaf and dumb, epileptics, and feeble-minded 
 have also been made State wards in many commonwealths, 
 Otiior leioot- receiving education and support at public ex- 
 iTB oUsBss pense. A single commonwealth sometimes main- 
 tains a dozen different types of specialized charitable insti- 
 tutions, in addition to those maintained by local govern- 
 ments. 
 
 202. The Cost of Charities. The expenditure for char- 
 ities and corrections is generally the largest single item of 
 the State budget, often comprising from thirty to forty per 
 cent of the entire expenditure of the commonwealth. If 
 to this we add the amount expended by private charities, 
 the total reaches a startling sum. Professor Bushnell es- 
 timates that "the total number of public and private 
 abnormal dependents in the United States must be not far 
 from 3,000,000, or one twenty-fifth of the total population 
 of the country; and these are maintained at an aimual ex- 
 pense of nearly $200,000,000, or one tenth of the total 
 wage income of all the manufacturing estabHshments of 
 the country." ' 
 
 * The presenfc tendency is to have the incurable insane cared for in county asylums (often 
 connected with the almshouse), leaving the better care which the State can offer for the 
 hopeful cases. This is the plan in Pennsylvania and Wisconsin. 
 
 ' Henderson, C. E., Modem Melhodi of Charity, pp. 38S-390. 
 
BOSTON CITY HOSPITAL RELIEF STATION 
 
 (^BiJ courits/j oj the Tentiueui Uu^^c Cu,iauu^.'(un, ^tw i'<jrki 
 
 A TENEMENT HOUSE SECTION IN NEW YORK CITY 
 
PUBLIC CHARITIES 1B7 
 
 GENERAL REFERENCES 
 
 Addams, Jane, Philanthropy and Social Progress (1894). 
 
 Alden, Percy, The Unemployed (1905). 
 
 Bliss, W. D. P., and others, editors, Cyclopedia of Social Reform (1908) ; ar- 
 ticles on Charity Organization Societies, Malthusianism, Pauperism, 
 Poor-House, Poverty, Poor-Laws, Population, Single-Tax, Temper- 
 ance, Unemployed. 
 
 Davenport-Hill, Florence, Children of the State (1889). 
 
 Devine, Edward T., The Practice of Charity (1904). 
 
 Principles of Relief (1904). 
 
 Henderson, C. R., Modem Methods of Charity (1904). 
 
 Dependent, Defective, and Delinquent Classes (1906), pp. 1-209. 
 
 Hobson, J. A., Problems of Poverty (1899). 
 
 Hunter, Robert, Poverty (1904). 
 
 Kellog, Charles D., History of Charity Organizations in the United Stat*$ 
 (1898). 
 
 Loch, C. S., Methods of Social Advance (1904). 
 
 Paine, R. T., Pauperism in Great Cities (1893). 
 
 Proceedings, National Conference of Charities and Corrections (1874-1893). 
 
 Riis, Jacob A., Children of the Poor (1892). 
 
 United States Census, Special Report on Paupers in Almshouses (1906). 
 
 United States Consular Reports, Vagrancy and Public Charities in Foreign 
 Countries (1892). 
 
 Warner, Amos G., American Charities (1894). 
 
 Wright, Carroll D., Practical Sociology (1899)* chs. xvin, xx. 
 
 QUESTIONS AND EXERCISES 
 
 1. What provision is made in your State for the defective classes, the deaf, 
 blind, insane, feeble-minded? 
 
 2. Is there a State board of charities in your commonwealth? Powers? 
 
 5. Make a list of the institutions and associations in your community for 
 the care of the poor. Which of these are public and which private? 
 
 4. What local au&ority (town, municipal, or county) has charge of poor 
 relief? What was the cost of poor relief in your community last year? 
 What part of this sum was expended for outdoor relief? 
 
 6. Where is your almshouse located? Is any attempt made to separate the 
 different classes of inmates? Is it well managed? 
 
 6. How are the vagrant poor or tramps dealt with in your community? 
 
 7. If a street beggar should ask you for money, would you give him any? 
 What are the argimients against promiscuous almsgiving? 
 
 8. Is there a charity organization society or association in your commun- 
 ity? If 80, prepare a paper describing its methods of work. 
 
 9. How are dependent children cared for in your community? Is the plan 
 a satisfactory one? 
 
 10. Does your community employ physicians to care for those too poor to 
 afford them? Is there a free dispensary in your community? 
 
 11. Enumerate some of the principal causes of poverty. Ask local officials 
 what causes are chiefly responsible for pauperism in your conmiunity. 
 
CHAPTER XV 
 
 CONTROL OF ECONOMIC INTERESTS 
 
 203. Economic Functions of Government. An economic 
 service or function is one which relates to the material 
 welfare of society, affecting in some way the production, 
 exchange, distribution, or consumption of wealth. Thus the 
 economic functions of government are directed chiefly 
 toward increasing the total amount of wealth produced, 
 facilitating its exchange, or providing for its more equitable 
 distribution among the various members of society. 
 
 To accomplish these aims. State governments perform 
 certain fundamental services without which material pro- 
 Eoonomic gress would be impossible, — such as the main- 
 oi state" tenance of order, and the protection of individual 
 goTamments freedom, private property, and contract rights. 
 These primary services fulfilled, other imperative needs 
 arise: the land and other natural resources must be con- 
 served; labor and capital must be protected and regulated 
 in the pubKc interest; agriculture and commerce are to be 
 promoted. Hence the most important economic activities 
 of State governments appertain chiefly to land, labor, and 
 capital — the three great sources of wealth — and to com- 
 merce, or the exchange of commodities. 
 
 204. Lands. Nearly all of the States at some period in 
 their history owned large tracts of land, most of which 
 PnWc has been sold to settlers at a nominal figure, or sac- 
 lanis rificed to obtain immediate funds for educational 
 purposes, or given as bounties to canal and railroad com- 
 panies. A few commonwealths, notably New York, still 
 own considerable forests; several have important State 
 reservations — such as Valley Forge in Pennsylvania, and 
 
CONTROL OF ECONOMIC INTERESTS 159 
 
 Niagara Falls in New York; while others retain lands for 
 use in the operation of commercial or irrigation canals. 
 Further, all States own the land occupied by their pubHc 
 buildings and institutions. 
 
 Over private lands within its borders each common- 
 wealth exercises jurisdiction by virtue of its police power. 
 Such lands are subject to taxation, and also to private 
 the exercise of the right of eminent domain; that '""*' 
 is, appropriation for public purposes upon compensation to 
 the owner. The State also has the right of escheat, that 
 is, the right to take private lands in the case of persons who 
 die leaving no lawful heirs. 
 
 205. Forests, Game, and Fish. Within recent years 
 both the State and federal governments have realized the 
 necessity of prompt action in order to prevent _ j^ .. 
 entire destruction of the country's forests. At the oi timuer 
 present rate of cutting, the domestic timber sup- 
 ply will soon be exhausted; and the destruction of the forests 
 so afiFects the drainage of the earth as greatly to increase 
 the danger of floods and freshets. 
 
 An important step toward a policy of scientific forestry 
 was taken by the federal government in 1905 when the na- 
 tional forest reserves — in area nearly 100,000,000 soiontuio 
 acres — were transferred from the Interior De- '°"»*^ 
 partment to that of Agriculture. Recently, too, a number 
 of the States, following the example of New York, have 
 taken active measures looking toward the preservation of 
 their forests. Nineteen commonwealths ^ now have officers 
 (usually called forest commissioners) charged with the 
 care of forest interests. Local and State forestry associa- 
 tions have been formed in twenty commonwealths, and in 
 nearly all an Arbor Day is set aside each year to encourage 
 the planting and care of trees. 
 
 For the preservation of fish and game, laws have been 
 
 ^ Tfaese are California, Connecticut, Indiana, Kansas, Louisiana, Maine, Maryland, Mas- 
 ■aehiuetta, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, 
 North Dakota, Oregon, Pennsylvania, West Virginia, and Wisconsin. 
 
160 GOVERNMENT AND POLITICS 
 
 enacted providing for close seasons, that is, seasons within 
 HsiiMia which fish or game cannot be taken or killed, 
 guns uwi gucii lavj^s also generally restrict the manner of 
 hunting certain game and of catching fish. The admin- 
 istration of fish and game laws is ordinarily entrusted to one 
 }T more commissioners, who are aided in their work by a 
 number of wardens. 
 
 206. Agriculture and Agricultural Interests. For the 
 general promotion of agricultural interests there is com- 
 g^,, monly a department of agriculture in charge of a 
 agrionitniai commissioner, or a State agricultural board. The 
 
 duties of this department ordinarily include in- 
 spection of live stock with a view of preventing contagious 
 disease, administration of State laws relative to the sale of 
 adulterated food and dairy products, holding of farmers' 
 institutes and annual State fairs, recommendation of de- 
 sirable legislation, and other miscellaneous duties. 
 
 Education in scientific agriculture has been greatly 
 aided by the establishment of agricultural and mechanical 
 Agtionitniai colleges, which in many commonwealths form 
 eduoauon ^j^ integral part of the State university. Agricul- 
 tural experiment stations have also been established, which, 
 like the State agricultural colleges, are subsidized by the 
 federal government. 
 
 207. Labor and Factory Laws. The adoption of regula- 
 tions concerning the employment of labor and the condi- 
 statauiior tions in factories constitutes another important 
 bureaus economic fimction of State governments. In thirty- 
 two commonwealths general supervision of labor interests 
 is entrusted to a State labor bureau, at the head of which 
 is a commissioner aided by several deputies. One of the 
 most important duties of these bureaus is the collection 
 of statistics bearing upon indust/ial education and the 
 economic condition of the laboring class. ^ 
 
 I A similar Bcrricf is performed on a more extensive scale by the federal Department el 
 Commerce and Labor. 
 
{By courtesy of the Forest Service, WasMngton, D. (7.) 
 
 The complete destruction of a forest by fire, Port Townsend, Wash. The trees 
 planted to replace those burned grow to the height of a man in about four years. 
 Many years must elapse before a forest can be restored. 
 
 Brush piles ready for burning* Bitter-Root National Forest,Mont. Scientific methods 
 prevent forest fires. 
 
iPy courtesy oj the Jieiiew of Renews Company) 
 MINNESOTA AGRICULTURAL EXPERIMENT STATION 
 
 Crop nursery near St. Paul. Here new varieties of cereals are originated, and old 
 ones improved. The small erect bundles of grain in the foreground are each of a 
 distinct variety of wheat. These bundles have been carefully harvested and tied 
 up with cloth to prevent loss of grain. An exact account is taken of the number 
 of heads, weight of yield, etc., and seed from the best plants is saved for use the 
 next year. 
 
 THE DAIRY CAR OF THE "BETTER FARJIING SPECIAL" 
 
 Other cars are devoted to crops, forestry, etc. The train is equipped by the Boston 
 and Albany Railroad with the cooperation of the Massachusetts Agricultural Col- 
 lege. It is periodically sent through the agricultural districts and lectures are de- 
 livered to audiences of farmers. 
 
CONTROL OF ECONOMIC INTERESTS 161 
 
 Twenty-seven commonwealths provide factory inspect- 
 ors, who visit and inspect factories, workshops, and mer- 
 cantile establishments, and enforce the State obieotsoi 
 laws concerning them.' Factory legislation has laowry 
 three principal objects: (1) The protection of 
 the health of employees, by seeming proper ventilation, 
 heating, lighting, and good sanitary conditions generally. 
 (2) The prevention of accidents, by requiring guards on 
 dangerous machinery, elevators, and hoistways; also by 
 requiring the inspection of boilers, and the construction of 
 suitable exits and fire-escapes. (3) The regulation of the 
 conditions of employment, especially in the case of women 
 and children, by restricting the hours of labor, prescribing 
 intervals of rest during the working-day, prohibiting night 
 work, and fixing a minimum age Hmit for the employment 
 of children — usually foinleen years.^ 
 
 Many commonwealths have provided that eight hours 
 shall constitute a day's work for all laborers employed by 
 the State or local governments. In private iadus- Lengti at 
 try the hours of labor have been generally re- "''"*'' 
 duced from twelve or fourteen hours in the early part of the 
 nineteenth century to eight or ten at the present time; 
 and one of the priacipal aims of labor unions is to secure 
 universal acceptance of the eight-hour day. 
 
 To aid in the settlement of industrial disputes, seventeen 
 States ' have estabKshed boards of arbitration. These 
 generally consist of three or five members ap- bouOsoI 
 pointed by the governor, employers and employees "''*»''''" 
 being equally represented. When strikes or lock-outs oc- 
 cur, it is the duty of these boards to investigate the situa- 
 tion, and if possible to bring about an amicable settlement. 
 
 ^ In fifteen States the duties of factory inspectors are combined with those of the bureau 
 of labor statistics. 
 
 * Social welfare imperatiTely demands the restriction of child labor, and in recent yean 
 much has been accomplished in this direction. largely owing to the activity of the General 
 Federation of Women's Clubs, and other organizations. In 1907, measures restricting the 
 employment of children were passed in twenty-eight States. 
 
 ' California. Colorado, Conaecticut, Idaho, Illinois, Indiana, Louisiana, Maseaehosette, 
 Michigan, Minnesota, Montana, Missouri, New Jersey, New York, Ohio, Utah, WlseonMllr 
 
162 GOVERNMENT AND POLITICS 
 
 They may also arbitrate the controversy, providing both 
 parties consent. 
 
 In many commonwealths free public employment offices 
 pubuo ^^^ maintained by State or local authority to aid 
 
 employment the unemployed in finding work, and also as a 
 means of checking the abuses of private employ- 
 ment bureaus. 
 
 208. Characteristics and Development of Corporations. 
 Capital is the third great agency in the production of wealth; 
 Obaracter- and perhaps the most important economic func- 
 **""* tion of State governments is exercised through the 
 
 power to create and regulate corporations, the capitalistic 
 organizations which control the greater part of the com- 
 merce and manufactures of the country. A corporation 
 may be defined as a legal person, distinct from the members 
 who comprise it, having a special name, and the capacity 
 of acting for various purposes as a single individual. The 
 corporation is immortal in the legal sense that it can be 
 made capable of indefinite duration; it may sue and be sued 
 in its corporate name; it may acquire property, and — 
 under certain limitations — borrow money; and finally, 
 it has the power to elect officers and to adopt by-laws for 
 the detailed regulation of its business. 
 
 The private corporation is of ancient origin, but its re- 
 markable development in the nineteenth century may be 
 Develop- traced to the industrial revolution of the eight- 
 "*"* eenth. That revolution was characterized by the 
 
 change from hand to machine labor, from production on a 
 small scale to the factory system. The partnership was at 
 first employed as a means of obtaining the larger capital 
 demanded by the new industrial methods, and this con- 
 tinued the common form of business association until the 
 middle of the nineteenth century. But even the partner- 
 ship was inadequate for the colossal industrial develop- 
 ment of the age of steam and electricity; and hence about 
 the middle of the nineteenth century, the corporation came 
 into general use for larger industrial enterprises. 
 
CONTROL OP ECONOMIC INTERESTS 163 
 
 The stock of the corporation can be distributed among 
 hundreds or thousands of members, thus accumulating 
 amounts of capital impossible in the case of a ^aygjitaeos 
 partnership. Then, too, the shareholders of the 
 corporation are not liable for corporation debts beyond the 
 amount of their stock,^ whereas partners are jointly and sev- 
 erally liable for firm debts to the full extent of their property. 
 Fm^hermore, corporate liability cannot be created by the 
 acts of individual members, but only by the directors or 
 officers duly authorized; whereas each partner ordinarily 
 has authority to bind the firm by his acts if within the scope 
 of the partnership business. Finally, the partnership is 
 ordinarily terminated by the death of one of its members, 
 the contrary being true of the corporation. These and other 
 advantages have given the corporation its dominating posi- 
 tion in modem industrial life. 
 
 209. Organization and Control of Corporations. In 
 general, the powers, duties, and Uabilities of the corpora- 
 tion are determined by its charter, an instrument otnerai ana 
 ordinarily granted by the State government under w"'*' '"*' 
 a general act, although a few commonwealths still permit 
 the granting of charters by special acts.* In the case of a 
 private corporation the charter once granted is in the nature 
 of a contract, and cannot afterwards be materially altered 
 or annulled unless this right has been previously reserved.' 
 
 In the organization of private corporations a distinction 
 is commonly made between those formed for profit and those 
 not for profit. In most States, corporations for Hethoiai 
 profit are organized under a general law applicable ""saniztUon 
 aUke to all such corporations; but frequently the general 
 law does not apply to certain classes of corporations, such 
 
 ' Except in a few States where ahareholders are liable for an additional sum equal to the 
 face value of their stock. 
 
 * CongreM may charter corporations for carrying on enterprises which come within the 
 range of federal authority; for example, national banks and railways engaged in interstate 
 commerce. 
 
 ' The right of the legislature to amend all corporation charters is now generally reserved 
 either by statute or express constitutional provision. 
 
164 GOVERNMENT AND POLITICS 
 
 as banks, insurance companies, and railroads, which are 
 
 chartered under laws specially adapted to each of these 
 
 forms of industry. The general corporation laws ordinarily 
 
 provide that persons who wish to form a corporation must 
 
 apply to the secretary of state for a charter, which will be 
 
 duly issued upon compliance with the legal requirements. 
 
 Corporations are commonly reqmred to make annual 
 
 reports to the secretary of state, showing the amount of 
 
 their capital stock, volume of business, and in- 
 OontTol 
 
 debtedness; and they must also submit to such 
 
 other requirements and regulations as the legislature may 
 from time to time deem necessary in the exercise of its 
 police and taxing powers. 
 
 210. Regulation of Banks, Insurance Companies, and 
 Railroads. A considerable degree of State control is customary in 
 the case of banks, insurance companies, and railroads, 
 jj^rr°* since these corporations come into the closest relations 
 with the people and vitally affect the public welfare. 
 Banks are commonly organized under a general banking law, which 
 in many States must be first submitted to the voters for approval. 
 Such laws regulate in considerable detail the management of banks, 
 with the object of protecting depositors and the public. The mini- 
 mum capital and reserve fund is generally prescribed, also the ways 
 in which money may be loaned, and the manner in which directors 
 shall be elected; and provision is sometimes made for periodical 
 examination of the bank by government officials.' Supervision 
 of this class of corporations is often entrusted to a State banking 
 department. 
 
 Insurance companies are also subject to a considerable degree 
 of supervision, frequently exercised by a State insurance commis- 
 sioner. As in the case of banks, provision is ordinarily 
 companies made for the examination of such companies, for an- 
 nual reports showing in detail the business for the pre- 
 ceding year, and for the maintenance of a reserve fund bearing 
 a certain ratio to the amount of insurance in force. 
 
 As quasi-public corporations, railroads are subject to a largb 
 degree of governmental supervision. Their business 
 regulation which lies wholly within the boundaries of the com- 
 monwealth may be regulated by the State government, 
 
 ^ The conititution of Oklahoma requires the State government to guarantee bank do* 
 posits. 
 
CONTROL OF ECONOMIC INTERESTS 16« 
 
 interstate trafiSc being subject to federal control. For their super- 
 vision two thirds of the commonwealths have established boards 
 of railway commissioners, charged with the special duty of pro- 
 tecting the public and shippers. State railway legislation has 
 sought especially to check combinations of parallel or competing 
 lines (the object of such combination being to destroy competi- 
 tion) ; and also to prevent discriminating rates in favor of certain 
 shippers, unreasonable charges for services, and overcapitaliza- 
 tion of roads with the consequent burden upon rates. The enforce- 
 ment of these restrictive measures has been entrusted to State 
 railway commissions, which in some commonwealths even possess 
 the power to fix maximum rates for carrying passengers and 
 freight. 
 
 211. Industrial Combinations. The simplest form of com- 
 bination among producers consists of " friendly agreements " de- 
 signed to check competition by establishing a uniform 
 selling price, or by limiting the amount of the product, j^pjois 
 In times past these agreements were often violated, and 
 soon a second and more formal plan of organization was developed, 
 known as the "pool." This was a formal agreement to maintain 
 prices through a division of the territory, business, or earnings. 
 For example, prior to the formation of the Whiskey Trust, agree- 
 ments were usually made annually among the different distillers, 
 fixing the amount which each should produce during the year. For 
 many years pooling was common in the railway business, the 
 traffic or revenues being divided among the various roads accord- 
 ing to certain fixed ratios. These agreements were not enforceable 
 at law, since American courts have uniformly held pooling con- 
 tracts to be in restraint of trade and against public policy; and 
 the difficulty of enforcing such arrangements, together with the 
 prohibition of railway pooling by the federal Interstate Commerce 
 Act of 1887, ultimately led to the adoption of a new form of com- 
 bination. 
 
 This third form of combination is known as the trust. Originally 
 trusts were formed by having competitive corporations placf 
 their stock in the hands of a board of trustees, who j,]jg,jm{ 
 were thus enabled to manage the business of the several 
 corporations in such a way as to secure complete harmony of action. 
 The original stockholders in the corporation were given trust 
 certificates in exchange for their stock, and dividends were paid 
 on the basis of these certificates. The first trust organized in this 
 form was the Standard Oil Trust (1882), later followed by the 
 Whiskey Trust, the Sugar Trust, and many others. 
 
166 GOVERNMENT AND POLITICS 
 
 The courts finally held the trust form of combination illegal, 
 declaring that corporations had no power to surrender control of 
 
 their stock to a board of trustees.^ Further, most 
 ^^ of the States as well as the federal government passed 
 
 anti-trust laws. But the effect of judicial decisions, as 
 well as of hostile legislation, was merely to cause a change in the 
 form of combination. In some cases, as with the Whiskey and 
 Sugar Trusts, a single immense corporation was formed which 
 undertook to secure a monopoly by buying out numerous smaller 
 concerns. In other cases, as with the Standard Oil Company, those 
 who directed its policy obtained a majority of the stock in several 
 large corporations, harmony of action being insured by having the 
 same men in control of the affairs of each separate corporation. 
 
 At the present time the common form of combination is that 
 of one great corporation owning many separate plants. The rapid 
 
 formation of such combinations within the last twenty 
 moaopoUM y^*''^ constitutes the most striking fact m the economic 
 
 world. Since their formation is largely due to the influ- 
 ence of modern capitalistic production, these combinations are 
 usually called capitalistic monopolies. 
 
 The chief advantages claimed for the great industrial combina- 
 tions are that they avoid the wastes of excessive competition, and 
 
 secure the economies of large-scale production. The 
 anl^ls'* principal objections urged against them are that they 
 
 crush out competition, often by unfair methods, and 
 secure a monopoly control which enables them to charge monopoly 
 prices. Another objection is that their capital is often excessive, 
 thus necessitating high prices to the consumer in order that divi- 
 dends may be paid upon watered stock. Widely divergent views 
 are held as to the course which government should take concern- 
 ing capitalistic monopolies. Many persons favor radical action 
 which will entirely destroy them; while others believe that trusts 
 should be so regulated by law that their good features may be re- 
 tained, and their evil practices abolished. It is generally conceded 
 that effective action in this direction is only possible through the 
 agency of the federal government, which has power to regulate 
 all corporations engaged in foreign or interstate commerce. 
 
 212. Transportation — Roads and Bridges. Since in 
 
 Rsad-buUd- modem times commerce is essentially a matter of 
 
 ing ana transportation, the construction and maintenance 
 
 of roads and bridges is one of the most import* 
 
 > State of New York r. The North Eiver Sugar Refining Co.. 141 N. Y. SSK. 
 
CONTROL OP ECONOMIC INTERESTS 167 
 
 ant functions exercised under State authority.* Super- 
 vision of road construction is commonly entrusted to lo- 
 cally elected county or township commissioners. The 
 township commissioners ordinarily have authority to di- 
 vide the township iuto several road districts, in each of 
 which an overseer is chosen who acts under the authority 
 of the township oflScers. It is the duty of the commissioners 
 to keep in repair the existing roads and bridges, and to con- 
 struct new ones upon the petition of a certain number of 
 freeholders. Under the power of eminent domain, private 
 property may be appropriated for such construction upon 
 making proper compensation to the owner. A part of the 
 cost of construction is commonly assessed upon the abut» 
 ting land-owners, the remainder being paid out of the local 
 treasury. The cost of maintenance is commonly borne in 
 the same way; and many States still permit the road-tax to 
 be paid by a certain number of days' labor on the road — 
 a policy scarcely conducive to expert construction. 
 
 The inferior results of local road-making have led a 
 number of commonwealths to cooperate in this work by 
 creating the office of State commissioner, charged state 
 with general supervision of road construction »°i«'^**''" 
 throughout the commonwealth. It is the duty of the com- 
 missioner to pass upon applications from local commis- 
 sioners for new roads, also to furnish plans and award con- 
 tracts, the cost being apportioned between the State and 
 the local district. 
 
 Outside of the cities the construction of bridges is gen- 
 erally left to the coxmty commissioners, subject to the 
 requirement of the federal government that no 
 bridge shall be built across a navigable river im- 
 less its construction is first approved by the Secretary of 
 War. 
 
 1 The only Important road ever conatructed by the federal government was the National 
 or Cumberland Road, commenced in 1807, at Cumberland, Maryland, and finally ex- 
 tended westward to Vandalia, Illinois, a distance of about eight hundred milei. This road 
 was well constructed and played a most important part in the settlement of the West. It bai 
 long since been turned over to the States through which it passes. 
 
188 GOVERNMENT AND POLITICS 
 
 213. Canals and River Navigation. Nearly all the canals 
 in the country have been constructed by the State govern- 
 Oanai ments, or by companies chartered by them. The 
 ooMtiuoUoii period of canal construction dates from 1825 
 (when the Erie Canal was completed) to about 1840, at 
 which time attention was diverted to railroad building. 
 The construction of canals contributed greatly to the early 
 development of the commonwealths in which they were 
 located, and for some time their competition served as a 
 check upon railroad rates; but with few exceptions they 
 have now been abandoned, the railway having proven too 
 formidable a competitor.' 
 
 General supervision of canals is ordinarily exercised 
 by the State board of public works, or canal board. The 
 executive ofiBcer in direct charge of the system 
 is the superintendent of public works or the 
 State engineer. This officer with his assistants looks after 
 necessary repairs, enforces the rules of navigation, and 
 investigates improvement projects. 
 
 River navigation is also generally subject to State super- 
 Biye, vision under police regulations designed to safe- 
 
 naTigauon guard the public. Enforcement of these regula- 
 tions is sometimes entrusted to the State superintendent 
 of public works. 
 
 214. Weights and Measures. Commerce is greatly 
 aided by the use of accurate and uniform standards of 
 State value and of weights and measures. The estab- 
 oontrol lishment and regulation of the standard of value 
 is an exclusive function of the federal government. While 
 Congress may likewise exercise exclusive authority over 
 the subject of weights and meastu-es, it has not as yet 
 
 ^ Since 1850 the only new canala of importance are tbe Illinois and Mississippi, and the 
 Chicago Sanitary and Ship Canal; but large sums have been spent in improving tbe Erie 
 CanaL In all there are forty-two hundred miles of canals in the United States, located in 
 New York, Pennsylvania, Ohio, Virginia, New Jersey, Delaware, Maryland, Indiana, Illi- 
 nois, and Michigan; but many of these have fallen into disuse. Besides those mentioned, the 
 other principal canals are the Illinois and Mictiigan, the Chesapeake and Ohio, the Wabash 
 lad Eiiti ud the Sault giote Marie. 
 
THE SAULT STE. JIARIE SHIP CANAL 
 
 iBy courtesy of the Commissioner of Bridges, ttew York City) 
 THE QUEENSBOROUGH BRIDGE, NEW YORK 
 
THE SAULT STE. MARIE SHIP CANAL 
 
 This canal connects the waters of Lake Superior with those of St. 
 Mary's River aud Lake Huron, around the falls in the river. It is 
 about three miles in length, andhas two locks, the largerof which is 800 
 feet long and 100 feet wide. The depth of water throughout the canal 
 is sufficient to allow the passage of vessels drawing 21 feet (or of 
 about 12,000 tons displacement). The railway bridge, a portion of 
 which is shown in tlae distance, is one mile long and connects the 
 Northern Pacific and the Canadian Pacific Railroads, by the Sault, or 
 "Soo" branch line. 
 
 THE QTIEENSBOROUGH BRIDGE, NEW YORK 
 
 Connecting Manhattan Borough and Q\ieen's Borough, Long Island. 
 The Bridge was opened to the public March 30, 1909. The cost of 
 construction was $12,600,000 ; property acquired for approaches, etc., 
 cost $4,400,000. The bridge is of the cantilever type, and consists of 
 two spans over the branches of the East River of 1182 and 984 feet, 
 one over Blackwell's Island of 630 feet and two anchor arms, 469 
 and 459 feet respectively. Only four bridges in existence — the 
 cantilever bridge over the Firth of Forth, Scotland, and three sus- 
 pension bridges (the Brooklyn, the Williamsburg, and the Jlanhattan, 
 all in New York) — are of greater span than the longest span of 
 this bridge. The length of the ^Manhattan approach is 10.'32 feet, and 
 of the Queens, 2673, so that the total length of the bridge and its 
 approaches is 7449 feet. The outside width is 89J feet. The bridge 
 has on the upper floor two foot walks and provision for two elevated 
 railway tracks. On the lower floor between the trusses there is a road- 
 way 53 feet wide, upon which are two surface railway tracks, one 
 track on each side of the roadway; and outside of the trusses are two 
 other surface riiilway tracks. The elevated and surface railways have 
 a combined capacity of 120,000 passengers per hour in one direction. 
 The clear height of the bridge above mean high water over the chan- 
 nels in the river is 135 feet. Tlie elevation of the top of the flag poles 
 on the towers on Blackwell's Island (in the foreground in the photo- 
 graph) is 406 feet. 
 
CONTROL OF ECONOMIC INTERESTS 169 
 
 done so, and hence the estabhshment of these standards 
 is a State function. In 1836 Congress instructed the Secre- 
 tary of the Treasury to deliver to the governors of the 
 respective States complete sets of the standards of weights 
 and measures used in the federal custom-house, thus mak- 
 ing possible a uniform system. The State standards are 
 generally in the custody of a State sealer or superintendent 
 of weights and measm-es. From this officer copies may be 
 obtained for the use of county sealers, who in turn furnish 
 copies for the use of local officials. 
 
 2 IS. Trade-marks. In order to encourage the produc- 
 tion of a high quality of goods and to protect manufac- 
 turers against dishonest competition, the State 
 governments grant proprietary rights in the use 
 of private brands, labels, and trade-marks. When such 
 brands or marks are regularly advertised by one manu- 
 facturer, they cannot be legally used by another, and thus 
 both the manufacturer and the consumer are protected. 
 
 GENERAL REFERENCES 
 
 Alexander, William, The Life Insurance Company (1906). 
 
 Beard, C. A., American Government and Politica (1910), pp. 721-742. 
 
 Readings in American Oovemment and Politica (1910), ch. xxxn. 
 
 Blackmar, F. W., Economics for High Schools (1907), chs. xni-xv, xxix, 
 
 XXXI. 
 
 Bullock, C. J., Introduction to the Study of Economics (1900), chs. xi, xrv, 
 
 XVI. 
 
 Collier, W. M., The Trusts (1900). 
 
 Ely, R. T., Monopolies and Trusts (1900). 
 
 Farrer, T. H., The State in its Relation to Trade (1902). 
 
 Fiske, A. K., The Modern Bank (1909). 
 
 Hadley, A. T., Railroad Transportation (1903), ch. vi. 
 
 Hart, A. B., Actual Government (1903), chs. xviii, xxvi-xxvn. 
 
 Hobaon, J. A., The Evolution of Modern Capitalism (1894). 
 
 Holmes, G. K., " State Control of Corporations " (1890), Politiccd Science 
 
 Quarterly, v, pp. 411-437. 
 Interstate Commerce Commission, Railways in the United States in 1902, 
 
 part IV (State Regulation of Railways). 
 Jenks, J. W., The Trust Problem (1909). 
 Jevons, Wm. S., The State in Relation to Labor (1894). 
 Johnson, Emory R., American Railway Transportation (1909), chs. Tl, 
 
 XV-XVIII, XXV, xxvii. 
 Ocean and Inland Water Transportation (1909), chs. xxrv-x 
 
170 GOVERNMENT AND POLITICS 
 
 McVey, Prank L., Modern Industrialism (1908). 
 Meyer, B. H., Railway Legislation in the United States (1903). 
 Nearing, Scott, and Watson, F. D., Economics (1908), pp. 60-309. 
 Ripley, W. Z., Trusts, Pools, and Combinations (1905). 
 Wright, C. D., Practical Sociology (1899), part v. 
 
 QUESTIONS AND EXERCISES 
 
 1. Prepare a report on the poUcy of your State in disposing of its public 
 lands. 
 
 2. What public lands are now owned by your State? Have any steps been 
 taken toward forest preservation? 
 
 3. Explain the object of fish and game laws. Who enforces these meas- 
 ures in your commonwealth? 
 
 4. Is your State department of agriculture in charge of a commissioner or 
 board? Examine the last report of this department, and write a short 
 paper upon its work. 
 
 6. Who is at the head of your State labor bureau? Examine the report of 
 this department and explain the functions performed. 
 
 6. Prepare a report upon the factory legislation in force in your State, pay- 
 ing especial attention to the restrictions upon the labor of women and 
 children. 
 
 7. Is there a State board of arbitration in your commonwealth? How 
 is it composed? Has it been successful in settling industrial dis- 
 putes? 
 
 8. What strikes occurred in your State last year? What percentage of 
 these were successful? (See report of Bureau of Labor.) 
 
 9. Prepare a report upon the use of the injunction in connection with labor 
 disputes. 
 
 10. What is the average daily wage of workmen in your State? Is this aver- 
 age increasing or decreasing? 
 
 11. What are the common hours of labor in the various industries in your 
 State? What are the chief arguments in favor of an eight hour day as 
 compared with one of ten or twelve hours? 
 
 12. Is there a free public employment office in your community? What 
 work does it perform? 
 
 13. How are private corporations chartered in your commonwealth? May 
 the legislature modify the charter? 
 
 14. Prepare a report on the Dartmouth College case (4 Wheat. 618; 
 Thayer's Cases, il, 1664). 
 
 16. What annual reports are required from corporations in your State? Is 
 there an annual tax upon capital stock or earnings? 
 
 16. (a) Prepare a report outlining the principal measures adopted by your 
 State government for the regulation of banks, (b) A similar report con- 
 cerning insurance companies, (c) A similar report concerning railway 
 regulation in your State. 
 
 17. VfhaX is a trust? Outline the law of your State concerning trusts. 
 
 18. Prepare a report showing (a) the wastes of excessive competition, and 
 (b) the advantages of large-scale production. (Jenks, J. W., The Trust 
 Problem.) 
 
 19. Explain how the division of powers between the federal and State 
 governments has made State control of railways and trusts largely 
 ineffectual. 
 
CONTROL OF ECONOMIC INTERESTS 171 
 
 SO. Name several partnerships in your community; several corporations. 
 Name five of the largest industrial combinations (commonly called 
 trusts) in the United States. 
 
 21. Who has charge of road-making in your commonwealth? Does the 
 State supervise road construction or bear part of the cost? 
 
 22. Are there any canals in your State? What officers have charge of them? 
 When were they constructed? What was the cost of maintenance last 
 year? 
 
 23. What regulations have been adopted by your State government con- 
 cerning river navigation? Who enforces these regulations? 
 
 84. Give the provisions of your State law concerning (a) weight* and Biea»- 
 ures; (b) trade-marks. 
 
CHAPTER XVI 
 
 PUBLIC EDUCATION 
 
 2i6. Early and Modem Education. Between early and 
 modern systems of education two striking differences 
 appear. From the first century a.d. down to the very be- 
 ginning of the nineteenth century, education was almost 
 universally controlled by the church, and was confined to 
 the wealthier classes; while to-day education is generally 
 recognized as a function of the State, and its benefits are 
 freely offered to all children, the expense being borne by 
 the community. Nowhere has this modern conception of 
 free public education been more fully realized than in the 
 United States. 
 
 217. State Control of Education. During our colonial 
 history, schools and colleges were fostered by the individual 
 Einoationia colonies, and hence upon the adoption of the fed- 
 systems gpg^j constitution, control of public instruction was 
 one of the functions retained by the State governments. 
 It will be seen later that the federal government has aided 
 the cause of education in a substantial manner; but the 
 actual control and maintenance of the public schools is 
 a State, not a federal, function. State educational systems 
 vary widely in character, but generally include: (1) a sys- 
 tem of elementary or common schools; (2) a system of 
 secondary or high schools; and (3), in three fourths of the 
 commonwealths, a State university. 
 
 218. Elementary or Common Schools. Elementary or 
 common schools are found in every section of the United 
 
 States, however sparsely inhabited. Elementary 
 
 education ordinarily includes the first eight 
 
 grades of the course of study, occupying the child from 
 
PUBLIC EDUCATION 173 
 
 the sixth to the fourteenth year. This period is frequently 
 subdivided into the primary department, comprising the 
 first four grades; the intermediate department, including 
 the fifth and sixth grades; and the grammar department, or 
 seventh and eighth grades. Where elementary schools are 
 fully graded, there is generally a separate room for each 
 of the eight grades, promotions from one room to another 
 being an annual or semi-annual event. 
 
 The course of study in the elementary schools ordinarily 
 includes reading, writing, arithmetic, spelling, language, 
 grammar, geography, and history; and in progres- oonns 
 sive school systems, instruction is also provided in "' '*"*' 
 natural science, drawing, vocal music, physical culture, 
 and manual training. 
 
 Public interest in educational affairs has usually centered 
 upon the elementary schools, owing to the fact that nearly 
 ninety per cent of the entire number of pupils Advantages 
 are enrolled in the first eight grades. As train- °''J5,j "' 
 ing schools for the duties of citizenship our com- training 
 mon schools are probably unequaled by those of any other 
 country. Two of the great advantages justly claimed for 
 the American pubhc-school system are: first, the develop- 
 ment of individual character by massing children from all 
 walks of Ufe in common association, thereby compelling 
 each child to take the rough-and-tumble of Ufe in competi- 
 tion with every other; and second, the Americanizing in- 
 fluence upon foreigners whose children in the pubKc schools 
 learn our language and the principles of American institu- 
 tions, thus making less difficult the problem of assimila- 
 tion. 
 
 At the present time there are enrolled in the common 
 schools of the United States over 18,000,000 pupils, or about 
 twenty per cent of the total population. Within cauoationai 
 the last thirty years the number of schoolhouses '"p^*" 
 as well as the revenues for school purposes have more than 
 doubled; the number of days attended by pupils has in- 
 
174 GOVERNMENT AND POLITICS 
 
 creased one fourth; while the percentage of illiterates has 
 decreased from seventeen per cent in 1880 to about ten per 
 cent at the present time. 
 
 219. High School or Secondary Education. Secondary- 
 education (comprising the ninth, tenth, eleventh, and 
 Origin and twelfth years of the course of instruction) is car- 
 incieaseot ried on chiefly in public high schools, which in 
 their present form are a product of the nineteenth 
 century. In the earlier colonial period, secondary instruc- 
 tion was given in what were called grammar schools, later 
 superseded by the academies.' Previous to 1850, only eight- 
 een public high schools had been established in the United 
 States.'' Since then, public high schools have multiplied 
 rapidly, until at present the total number of such institu- 
 tions is 11,277, with 1,134,000 students. Several States 
 require each township to maintain a free public high school. 
 Elsewhere the establishment of these institutions is left to 
 the discretion of the local school districts, although the 
 constitutions of at least half the commonwealths mention 
 high schools as special subjects of legislative and general 
 interest. 
 
 The high-school course ordinarily comprises four years, 
 following eight years of work in the elementary school. 
 Oharaoter- Under ordinary conditions pupils reach high 
 tstios school at the age of fourteen, completing the 
 
 course at about eighteen. Most public high schools re- 
 ceive and educate both sexes in the same classrooms and 
 under the same teachers, although a few of the larger cities 
 provide separate high schools for each sex. 
 
 The modem high school is sometimes called the "people's 
 college," and in range of studies and thoroughness of 
 
 toSiiotton work, good high schools of to-day doubtless surpass 
 even the best colleges of fifty years ago. The best high 
 
 schools now serve the double function of fitting students for the 
 
 1 As secondary ;Schoob, the academies have been in turn largely superseded by the 
 public high schools. 
 ' The oldest school in the United Slates is the Boston Latin School (1635). 
 
BOSTON PUBLIC LIBRARY 
 
 There are 28 Branch Libraries and Reading Rooros. The Library gives free lecture 
 courses with special regard to the esthetic development of cities, and coHperates 
 with the colleges in their University Extension Courses, and with the schools, loan- 
 ing pictures, as well as books, to teachers for use in their work. 
 
 (By courtesy of the Superintendent of I'ublic Schooli,, St Louts) 
 THE SOLDAN HIGH SCHOOL, ST. LOUIS, MISSOURI 
 
PUBLIC EDUCATION 175 
 
 everyday duties of life, and of preparing their graduates to 
 meet university entrance requirements. To accomplish this, 
 most schools offer several courses of study from which the student 
 may choose the one which he wishes to follow, such as the classical 
 course, the modern language course, the scientific, commercial, 
 or manual-training course. Among the typical subjects taught in 
 secondary schools may be mentioned English and English liter- 
 ature, Latin, German, French, algebra, geometry, history, civics, 
 botany, physiology, physiography, chemistry, and physics. Within 
 recent years the high-school curriculum has been greatly broad- 
 ened through the introduction of manual training and commercial 
 subjects, largely owing to the demand that the secondary schools 
 afford a practical training for life. Many municipalities have ex- 
 pended large sums for separate manual training and commercial 
 high schools, while in other cities these subjects are included 
 among the many departments of a "cosmopolitan " high school. 
 
 220. Colleges and Universities. The five hundred col- 
 leges and universities of the United States may be grouped 
 
 into three classes. (1) Non-sectarian institutions _ 
 
 ul&ssos 
 chartered by the State governments as private 
 
 corporations, such as Harvard, Cornell, and Leland Stan- 
 ford. (2) Denominational institutions likewise chartered as 
 private corporations, but which are imder ecclesiastical 
 control or supervision, as Georgetown and Wesleyan uni- 
 versities. (3) Universities and colleges established by the 
 State governments as public institutions and directly sub- 
 ject to State control, as the State universities of Michigan, 
 Wisconsin, and California. The foremost colleges and 
 universities of the country are included in the first or third 
 classes, being non-sectarian in character; but in numbers 
 the institutions imder church control are in the majority. 
 
 221. The State University. In the earlier period of our 
 history, nearly all the institutions of higher education were 
 chartered as private corporations, although often 
 receiving aid from the State in the form of land 
 
 or money, or exemption from taxation. With the growth 
 of the democratic spirit of the nineteenth century, con- 
 siderable opposition was manifested toward granting pub- 
 
176 GOVERNMENT AND POLITICS 
 
 lie aid to institutions which were subject not to pubKc 
 control, but to that of some denomination or sect; and the 
 belief that the State should control higher as well as ele- 
 mentary education led to the establishment of the State 
 universities. In this movement the Southern States took 
 the lead, their example being soon afterwards followed by 
 Indiana (1820), and Michigan (1837). East of the Alle- 
 ghanies the private institutions had become so firmly 
 established as to leave no place for State universities; ^ but 
 "the establishment of State universities in the West and 
 South came as a matter of course, and has kept pace with 
 the stars on the flag." ^ 
 
 The twenty-seven States formed out of the public lands re- 
 ceived from the federal government a donation generally consist- 
 ing of two complete townships ^ (seventy-two square 
 miles of land) for the support of higher education.'' 
 Again in 1862 the State universities received substantial federal 
 aid through the enactment by Congress of the Morrill Act grant- 
 ing to each State in the Union, and to each State afterwards 
 admitted, 30,000 acres of land for each Representative and 
 Senator in Congress. The income of the funds arising from the 
 sale of this land was to form a permanent endowment for the 
 support of higher institutions of learning in which technical and 
 agricultural branches should be taught.^ Among the State imi- 
 versities owing their origin to the Morrill Act are those of Cali- 
 fornia, Illinois, Maine, Minnesota, Nebraska, Nevada, West 
 Virginia, and Wyoming. By acts passed in 1890 and in 1907, 
 the federal government gave further aid to agricultural and me- 
 chanical education by granting an annual appropriation of $25,000^ 
 to each State maintaining an institution of this character. 
 
 In all, forty commonwealths now maintain State universi- 
 ties, and these enroll about one third of the entire number of uni- 
 versity students. Six of the ten largest universities of the coun- 
 
 1 Maine, Vermont, and Virginia have State universities. 
 3 Dexter, E. G., Tiidory of Education in the United States, p. 282. 
 
 ' Ohio received three townships, Florida and Wisconsin four each, Minnesota three 
 and one half, and the other public-land States two each. 
 
 * In many of the older commoawealths a large part of this splendid endowment was 
 wasted through mismanagement and political jobbery. 
 
 * The amount raised from the sale of these lands ranged in the different States from 
 $50,000 to $750,000. 
 
 * Commencing in 1908 this appropriation is to be increased at the rate of $5000 per 
 aCDum until it reaches $50,000. 
 
PUBLIC EDUCATION 177 
 
 try are State institutions. All are co-educational, and in all tui- 
 tion is practically free * to residents of the State. The 
 income is derived in part from the proceeds of the jgjjQ, 
 federal land grants, but chiefly from the " mill tax," 
 or general appropriation authorized by the State legislature. The 
 State university is commonly organized into a number of colleges, 
 as the college of arts, agriculture, engineering, law, medicine, veter- 
 inary medicine, and pharmacy. The control is vested in a board 
 of trustees or regents,'' who elect a president as the executive 
 head of the institution, and upon his recommendation choose the 
 professors and instructors. 
 
 State universities are commonly in organic relation with the 
 high schools of the commonwealth, and by the accrediting system 
 graduates of approved high schools pass directly into 
 the universities without taking entrance examinations. jjj_J go^ools 
 Thus the State univ-^rsities crown the educational 
 system provided by the State; and the fact that they are sup- 
 ported by the resources of the State, together with the broad 
 policy which has characterized their administration, apparently 
 assures them a position of increasing influence among institutions 
 of higher learning. 
 
 222. Administration of Public Schools. The organiza- 
 tion of the common-school system varies widely among the 
 different States, and often there is great diversity even in 
 different parts of the same State. This is owing to the fact 
 that in its origin school administration was exceedingly 
 local in character, and only gradually is it becoming 
 unified through the exercise of State authority. The or- 
 ganization and control of the pubhc schools is generally 
 a function either of the school district, the township, the 
 city, or the county. Accordingly there are f oiu" distinct types 
 of school administration: the district, township, city, and 
 county systems. Administration of the schools by each of 
 these local areas is at all times subject to modification and 
 control by the paramount authority of the State govern- 
 ment. 
 
 223. The District System. The district system had its 
 
 ^ Except in the professional departments, such as the law, medical, and engineering 
 colleges. 
 
 i Commonly appointed by the governor, although sometimea elected by popular vote. 
 
178 GOVERNMENT AND POLITICS 
 
 origin in colonial New England, where each little settle- 
 «^-, . ment formed a natural nucleus for school adminis- 
 ohaiaotei- tration. As the population moved westward, the 
 same district system was created, and in some 
 form still prevails in the great majority of the States. The 
 district is the smallest unit of school administration, and is 
 the most democratic feature of our political organization. 
 In the South it is usually a subdivision of the county; else- 
 where of the town or township. Generally the voters within 
 the district elect the school trustees and levy the school tax, 
 although in some States these functions are performed by 
 the county. The great merit of the district system in the 
 early period of our history was that it brought the pubKc 
 schools easily within the reach of all; but imder present 
 conditions this system is often wasteful and inefficient, 
 owing to the small size of the administrative unit. The 
 present tendency is to replace the district by a larger imit 
 of organization, such as the township.^ 
 
 224 The Township System. Under the township system 
 all schools within the boundaries of the township are placed 
 Ohaiaotoris- imder the control of a single board chosen by the 
 Uo Jeatnro* voters. By this plan there are fewer schools, but 
 these are better graded and equipped; and with the expend- 
 iture of less money better salaries can be paid, and better 
 teachers secured. In six commonwealths the plan of town- 
 ship organization has been made compulsory, while in at 
 least twenty others ^ there is permissive legislation providing 
 for this or some similar form of centralization. 
 
 The township system tends to create two distinct classes 
 Types oi of schools: first, centralized rural schools con- 
 lohoois veniently located throughout the township, gen- 
 erally graded to a certain extent, and having two or more 
 
 * In Maine, New Hampshire, Vermont, Massachujetta, New Jersey, and Indiana, the 
 dlatriet plan has been entirely superseded by the township system. 
 
 ' Connecticut, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Michigan, Minne' 
 ■ota, Missouri, Nebraska, Ohio, New York, North Carolina, the Dakotaa, Pennsylvania 
 Bhode Island, Tennessee, and Wisconsin. 
 
A modern township school-building as provided under the " centralization plan." 
 
 Pupils of the primary and grammar grades as they go to school in Gustavus Town- 
 ship, Trumbull County, Ohio. A stage is required to stop at each child's home; 
 and if the pupil is not ready to go to school he is marked " tardy." 
 
 Tjrpical schoolhouse in Irrigated district near Billings, Mont. Schools are among 
 the first buildings erected on newly opened lands. They are bo distributed that no 
 child is out of reach. The sheds at the left are for the pupils' ponies. 
 
/ <:uurti:^i) vj Ihi- Suj'erintcndent <jf I'uhhc Sr}ionls. ^rw Yoi!: '-'in/i 
 
 PUBLIC SCHOOL 165, KBW YORK CITY 
 
 iJiy courtesy vj the Hu/jeriiileiident of ^oftoots, PhdaUcli/hia) 
 THE GROVER CLEVELAND SCHOOL, PHILADELPHIA 
 
 TYPES OF MODERN CITY SCHOOLS 
 
PUBLIC EDUCATION 179 
 
 teachers; and second, township or union high schools, which 
 constitute practically the only means of furnishing second- 
 ary education to the children in rural communities. 
 
 This centralization of rural schools gives rise to the 
 problemof free transportation of pupils. With but ipraiisporto- 
 three or four schools for the entire township, con- uon oi 
 siderable distances must be traveled by many of 
 the pupils; and this has led many commonwealths to pro- 
 vide free transportation of pupils. 
 
 22$. City School Systems. Cities commonly have a 
 jystem of schools separate from that of the township and 
 county in which they are situated. In other words, organization 
 the city itself ordinarily constitutes a special "»*'"«'*r''i 
 school district under general provisions of the school law 
 relating to municipalities, or under special charters granted 
 by the legislature. Great diversity prevails in the organiza- 
 tion of schools in the various cities : but universally the ad- 
 ministration is entrusted to a board of education (generally 
 chosen by the voters), and a superintendent of schools who 
 is the executive officer of the board. In organization, 
 equipment, and supervision, city schools constitute the 
 most highly developed type of our educational system.* 
 
 226. The County System. Throughout the South, the 
 county serves as the basis of school administration. In 
 some States, as in Georgia and Maryland, the 445^013^,. 
 county itself constitutes a single school district; Hon in a* 
 in other commonwealths it is generally subdivided 
 for school administration, the smaller divisions being sub- 
 ject to county authority. Accordingly, county officials 
 build schoolhouses, appoint teachers, and levy school taxes 
 — functions which throughout the greater part of the Union 
 are vested in district or township school boards.^ 
 
 For the supervision of rural schools, most States outside 
 
 ' See Section 79. 
 
 « Ten States, all Southern, except Utah, have the county system. These are Alabama, 
 Florida, Georgia, Louisiana, Mississippi, Maryland, North Carolina, Tennessee, Soatb 
 Carolina, and Utah. 
 
180 GOVERNMENT AND POLITICS 
 
 of New England have created the office of county super- 
 Ooanty intendent or school commissioner. County super- 
 
 snpBrviBion jntendents are generally elected by popular vote, 
 although in some commonwealths the office is an appoint- 
 ive one. 
 
 227. State Administration of Schools. State control of 
 education is exercised in two ways: (1) through legislation, 
 Means oi by general school laws for the entire State, or by 
 control special laws applying to certain localities; and 
 
 (2) through State administrative officers, who exercise 
 certain supervisory powers over the public schools. 
 
 Each commonwealth has an officer, generally known as 
 the State superintendent of public instruction,^ who nom- 
 state super- inally is the head of the public-school system of 
 Intendent ^^^ State. In a few commonwealths, as in New 
 York and Pennsylvania, this officer has important powers, 
 so that he may be regarded as the actual head of the State 
 school system. But in most commonwealths his powers are 
 limited to investigation and admonition, while in several 
 he is little more than a clerk charged with the collection 
 and publication of educational statistics. The State super- 
 intendent is elected by popular vote in thirty-five com- 
 monwealths, and this fact has tended to make the office 
 political in character, rather than professional. In thirteen 
 other commonwealths the State superintendent is ap- 
 pointed either by the governor, the general assembly, or 
 by the State board of education.^ The common term is 
 either two or four years. 
 
 About three fourths of the commonwealths have State 
 boards of education, with powers which vary as widely 
 state i)oaia» as those of the several State superintendents. 
 oieinoatioE j^ j^g^ York, Massachusetts, and Connecticut, 
 the State board has large powers; elsewhere its duties often 
 
 1 AI30 called the superintendent or commissioner of common or public schools. 
 
 2 By the governor in Maine, Minnesota, New Hampshire, New Jersey, Ohio, Penn- 
 sylvania, Tennessee; by the general assembly in Vermont and Virginia; and by the State 
 board of education in Rhode Island, Connecticut, Massachusetts, and New York. 
 
PUBLIC EDUCATION 181 
 
 are confined to the examination and certification of teach- 
 ers. 
 
 228. Text-Books. The adoption of suitable text-books is 
 one of the most important matters connected with school 
 
 administration. In about half of the States uni- _ 
 
 Solootlon 
 form text-books are used throughout the common- 
 wealth, these being chosen either by the State boards of 
 education, or by special text-book commissions. In several 
 others, county uniformity prevails; while in the remainder, 
 the local boards ordinarily select the books to be used in 
 each school district. 
 
 In practically all the States, text-books are provided free to 
 indigent children. In eleven States' they must be furnished free 
 to all pupils, while in seventeen others^ they may be so 
 furnished at the option of the local board of education, toJig* 
 or upon authorization by a local popular vote. 
 
 229. Emplojnnent and Certification of Teachers. The 
 employment of teachers is a function of the local school boards, al- 
 though the superintendent often has the power to appoint teachers 
 subject to the board's confirmation. A license or certificate is 
 universally required before one is eligible to teach in the public 
 schools. In New England certificates are granted by the school 
 committees of the town; elsewhere they are granted by county or 
 city examining boards, or by the county superintendent. The 
 qualifications required of teachers are being made continually 
 higher, the tendency being to demand at least a normal-school 
 training for elementary teachers, and a thorough college course, 
 including professional training, for those employed in secondary 
 schools. 
 
 230. Compulsory Education. About three fourths of the 
 States have compulsory education laws, which ordinarily 
 require children from eight to fourteen years of ohloot 
 age to attend school a certain number of weeks ""* °'*'°^ 
 each year.' The penalty imposed on parents for neglect of 
 
 > Maine, Delaware, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, 
 New Jersey, Pennsylvania, Rhode Island, and Wyoming. 
 
 ' Colorado, Connecticut, Idaho, Iowa, Kansas, Michigan, Minnesota, Mississippi, Mon- 
 tana, New York (in union districts). North Dakota, Ohio, South Dakota, Texas, Wash- 
 ington, West Virginia, and Wisconsin. 
 
 » Nearly all the States prohibit children under a certain age — commonly fourteen years 
 — from engaging in dangerous employments — in mines, workshops, and factories. 
 
182 
 
 GOVERNMENT AND POLITICS 
 
 these statutes is a fine ranging from five to fifty dollars. 
 The object of compulsory education laws is to protect the 
 State from ignorance and illiteracy by assuring each child 
 at least the elements of an education. That such laws 
 are fairly effective is shown by the fact that seventy per 
 cent of the total school population (five to eighteen years) 
 is enrolled in the public schools. In cities the enforcement 
 of compulsory educational laws is commonly entrusted to 
 truant officers employed by boards of education. 
 
 231. School Revenues. The total annual expenditure on 
 common schools in the United States is about $500,000,000. 
 This revenue is derived from four sources: first, 
 local taxation, which yields 74 per cent of the 
 total; second, State taxation, which furnishes 16 per cent; 
 third, miscellaneous sources, about 7 per cent; and fourth, 
 the income from permanent funds and endowments, which 
 yields about 3 per cent. 
 
 Somoes 
 
 Pap Cent: 20 
 
 30 
 
 40 
 
 SO 
 
 60 
 
 70 
 
 T 
 
 a Z(oco/ Tbffoflon. 
 o /^'•sce/Zonecx/s. 
 
 SOURCES OF SCHOOL REVENUES 
 
 Local taxation is thus the principal source of school revenue 
 throughout the Union. The amount of this local tax is generally 
 voted by the legislative authority of the county or 
 Sucatioii township, or by the district board of education. Fre- 
 quently State laws fix the minimum and maximum 
 amounts to be raised, leaving to local authorities discretion within 
 these limits. 
 
 The amount raised by State taxation varies greatly in the dif- 
 ferent commonwealths. Some levy no State tax whatever for this 
 purpose, while in others State taxes are relied on to raise three 
 
PUBLIC EDUCATION 183 
 
 fourths of the school revenues. The amount raised by State tax- 
 ation is largest in the South and the Far West, while 
 elsewhere local taxes are chiefly relied on. State tax- S^Im™ 
 ation is especially advantageous to the poorer sections 
 of the commonwealth, where lack of such revenue would result in 
 schools of low grade. 
 
 Miscellaneous sources consist of revenues from fines, licenses, 
 penalties, and special taxes, which in some States are devoted to 
 the support of the schools. The permanent funds available for 
 the support of public schools are derived chiefly from the public- 
 land endowment granted by the federal government. 
 
 232. Federal Aid to Public Education. By the famous 
 
 land ordinance of 1785, the federal government provided 
 
 for the reservation of section sixteen in each , . 
 
 Land grants 
 township for the maintenance of the public 
 
 schools. Beginning with Ohio in 1802, each of the public- 
 land States accordingly received section sixteen in every 
 township; while each commonwealth admitted after 1848 
 received two sections.' Title to these lands was vested in 
 the State legislature in trust for the purpose named, and the 
 proceeds arising from their sale was to constitute a per- 
 manent endowment fund, the interest to be applied to the 
 support of the public schools. The entire amoimt turned 
 over to the States was 67,893,918 acres, which, at the tradi- 
 tional price of $1.25 per acre, gave a perpetual endowment 
 of nearly $85,000,000. 
 
 This fund has been increased in various ways. Many States 
 have received salt and swamp lands, and part of the proceeds of 
 lands sold within their boundaries, thereby increasing ^^ .. 
 the permanent school fund. In 1836 the twenty-seven 
 States then in the Union shared in the distribution by the federal 
 government of $42,000,000; and sixteen of them turned over their 
 quotas in whole or in part to the school fund. The national gov- 
 ernment owned no lands in the original thirteen States, or in the 
 States formed out of them, or in Texas. Hence these common- 
 wealths did not share in the land grants mentioned, but many of 
 them have set aside a portion of their own lands, and in varioua 
 other ways created permanent school funds. 
 
 L Utah received four sectioDS. 
 
184 GOVERNMENT AND POLITICS 
 
 The common method of distributing the revenue from State 
 funds is for State officials to apportion it among the counties; 
 Distrlliatlon ^^^ counties divide it among the townships accord- 
 ol State ing to the number of school youth between certain 
 laTenns g^ggg (fj-Qm fom- ^o sixteen, five to eighteen, or six to 
 twenty-one). Thus each school district shares in the proceeds 
 from the permanent fund according to the number of children 
 of school age residing within the district. 
 
 233. Educational Work of the Federal Government. In 
 addition to the generous land and money grants in support of 
 the State school systems, the federal government has 
 E^oatira ^^^^ education by the esteblishment in 1867 of a 
 Bureau of Education. It is the duty of the commis- 
 sioner at the head of this bureau to collect and publish statistics 
 concerning the schools of the United States; and his office pub- 
 lishes an annual report, as well as monographs of great value. 
 The federal government maintains the system of city schools in 
 Washington, D. C. ; provides academies at Annajxjlis and West 
 Point for the education of naval and army officers; maintains 
 schools for the Indians; and supports the Smithsonian Institute, 
 a naval observatory, the geological survey, and other scientific 
 establishments educational in character. 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), pp. 371-37S. 
 
 Beard, C. A., American OovemmerU and Polities (1910), pp. 6i84-6i87, 748- 
 
 761. 
 Bliss, W. D. P., and others, Eneyolopedia cf Social Reform (1908); artidc 
 
 on Education. 
 Boone, R. G., Edueation in the United States (1889). 
 Bryce, James, The A-merican Commonwealth (1907), 11, ch. cv. 
 Dexter, E. G., History of Education in the United States (1906). 
 Draper, A. S., American Education (1909). 
 Dutton, S. T., and Snedden, David, The Administration pf PuUie Edue<^ 
 
 lion in the United States (1009) . 
 Eliot, C. W., American Contributions to Civilization (1897), nos. n, vm, rx. 
 Forman, S. E., Advanoed Cinos (1905), ch. XLVi. 
 Giddingj, F. H., Democracy and Emptre (1900), ch. xrv. 
 Hart, A. B., Actual Qovemment (1903), ch. xxvm. 
 Hinsdale, B. A., The American Oovemment (1900), ch. tvi. 
 James, J. A., and Sauford, A. H., Oovemment in State and Nation (1903^ 
 
 ch. IX. 
 MUnsterberg, Hugo, The Americans (1904), pp. 865-124. 
 Rice, J. M., Public School System of the United States. 
 Wright, Carroll D., Outline of Practical Sociology (1899), ch. XI. 
 
PUBLIC EDUCATION 180 
 
 QUESTIONS AND EXERCISES 
 
 1. Quote any pro-nsions of your State eonstitution concerning free schools 
 or public education. 
 
 i. What are the boundaries of the school district in which you live? How 
 many children of school age within this district? How many are en- 
 rolled in the public schools? 
 
 3. How many members comprise your board of education or school trus- 
 tees? How chosen? Term ? Name the members. 
 
 4. Describe the powers of this board: (a) to levy school taxes; (b) to elect 
 a superintendent and teachers; (c) to piu-chase school sites and erect 
 buildings; (d) to perform other functions of school administration. 
 
 6. What amount was expended by your district last year for the support 
 of its schools? How much per pupil? How does this compare with the 
 per capita expenditure in other districts of your State? 
 
 8. Is a State school tax levied in your commonwealth? If so, how much 
 revenue did your district derive from this source last year? 
 
 7. What amount of school revenue is derived from local taxation in your 
 district? What is the rate of the local tax for school purposes? 
 
 8. What is the bonded indebtedness of your school district? For what 
 purpose were these bonds issued? 
 
 9. Is there a law in your State compelling children of a certain age to at- 
 tend school? If so, during what ages is such attendance required and 
 for what term each year? What is the penalty for violation of this law, 
 and upon whom imposed? Who enforces the compulsory education 
 laws? 
 
 10. Explain the great importance of public education in a democracy. 
 
 11. What obUgations do pupils owe to their school? Do they owe any ob- 
 ligation to the community which provides them with free pubhc educa- 
 tion? 
 
 12. How many high schools in your district? Number of pupils enrolled? 
 Compare the course of study with that outlined in the text. 
 
 13. Is there coimty supervision of rural schools in your commonwealth? 
 How is the county superintendent chosen? How are schools supervised 
 in your district? 
 
 14. Are text-books furnished free to all pupils in your district? If so, state 
 whether this is required throughout the State, or is optional with local 
 authorities. Give the chief arguments for and against free text-books. 
 
 15. Do you have uniform text-books throughout your State? What are the 
 advantages and disadvantages of this policy? 
 
 16. What authority grants teachers' certificates in your district? 
 
 17. In what ways does your State government control the common-school 
 system? 
 
 18. Who chooses your State superintendent of instruction (or commissioner 
 of public schools)? What is his term? Describe his duties. 
 
 19. Is there a State board of education in your commonwealth? If so, 
 itate the number of members, method of appointment, and term. 
 
 BO. Describe the powers of the State board of education with reference to: 
 (a) examination and certification of teachers; (b) handling of State 
 school funds; (c) holding teachers' institutes; (d) pubUcation of school 
 statistics; (e) preparationof courses of study and selection of text-books. 
 
 II Name the principal universities and colleges in your State. Classify 
 them into three groups as suggested in Section 220. 
 
186 GOVEENMENT AND POLITICS 
 
 ii. Are graduates of your high school admitted to these institutions on 
 certificate, or are entrance examinations required? 
 
 23. Is there a State university in your commonwealth? If so, how many 
 students are enrolled? Name the various colleges which comprise it. 
 What does it cost the State to maintain it? 
 
 24. What aid to public education has your State received from the federal 
 government? 
 
CHAPTER XVII 
 
 STATB FINANCE 
 
 234. Definition of Finance. Public finance deals with the 
 way in which government acquires and expends its means 
 of subsistence; and hence the subject-matter of this chap- 
 ter is public expenditure and public income. Under public 
 expenditiu-e we shall consider first, the general pmposes for 
 which all governments expend money; and second, the prin- 
 cipal items of expenditm-e by State and local governments. 
 
 235. Purposes of Public Expenditures. Public expend- 
 itures may be classified on the basis of the functions which 
 governments perform as (1) protective, (2) industrial, 
 (3) humanitarian, and (4) cultural.^ 
 
 Protective functions are fimdamental in character, in- 
 cluding provision for defense, for internal security of per- 
 son and property, and for protection against proteotiT* 
 physical or social disease. The protective func- *™''*'"" 
 tions generally necessitate large military and naval expend- 
 itures, as well as those for courts and police systems. 
 
 The industrial functions of government include regula- 
 tion of industry in the public interest by means of labor 
 and factory laws, and inspection of food products; indnsMoi 
 also provision for useful public works, as canals, '™°^'"'" 
 roads, bridges, and light-houses; and finally, promotion 
 of industry by means of subsidies, bounties, and technical 
 education. 
 
 The humanitarian functions include those for the relief 
 of the dependent and defective classes, as pan- 2,^^. 
 pers, the insane, deaf, and blind; the aiding of luriaa 
 sufferers from occasional calamities (as fire, earth- 
 
 1 This clasaification of expenditura is that glTeo Dy Professor F. M. Taylor of th« 
 Uaiveraity of Michigan. 
 
188 GOVERNMENT AND POLITICS 
 
 quake, or flood); provision for elementary education; and 
 ia a few countries, state-assisted insurance. 
 
 The cultural functions are those which serve the higher 
 Oniturai wants, as physical culture and recreation, higher 
 fimouons education, libraries, art museums, and scientific 
 research. 
 
 236. Expenditures of National, State, and Local Govern- 
 ments. The expenditures of the national government form 
 about 35 per cent of the total governmental expenditures; 
 those of the State governments about 10 per cent; while 
 local expenditures comprise nearly 55 per cent. In other 
 countries as well as in the United States, the expenditures 
 of local governments form an increasing proportion of the 
 aggregate governmental expenditure, owing to the number 
 and importance of the fimctions which local units perform. 
 
 lifff hrts 100 soo 300 400 Soo 600 700 800 900 iooe jjoo Jgoo 
 
 a Incorporated Places of 
 over 250O Population. 
 
 t> tfaffof?a/ Goverrjment 
 c Counf/es. 
 d Stof&s. 
 
 EXPENDITURES OF NATIONAL, STATE, AND LOCAL GOVERNMENTS 
 
 237. State and Local Expenditures. Under our system 
 of government, the chief expense of administration is borne, 
 
 „^, , not by the State government itself, but by its sub- 
 
 ODleots ,. . . , . 
 
 divisions, the counties, townships, and municipal- 
 ities. Hence a comparatively small part of the total revenue 
 levied and collected under State laws is taken by the com- 
 monwealth for its own purposes. The principal expend- 
 itures by State governments are for the maintenance of 
 its executive, legislative, and judicial departments-,, for 
 the State militia; for educational, charitable, and penal 
 
STATE FINANCE 
 
 189 
 
 institutions, as State universities, asylums for the blind 
 and insane, and State prisons; for State buildings and 
 public works; and for interest on the public debt. Upon 
 local governments devolves the heavy expense of poor re- 
 lief, schools and libraries, roads and bridges. In addition, 
 city governments must provide poUce and fire protection, 
 construct waterworks and sewer systems, pave and light 
 the streets, and maintain public parks and playgrounds. 
 
 THlllOt7S so loo ISO ■poo "BSo 300 3S0 ^fco tfSo i^oo 
 
 tci) 
 (b) 
 
 (C) 
 
 Id) 
 (e) 
 tf> 
 l^> 
 ih) 
 <i} 
 tjf 
 (ft) 
 il> 
 
 O HMfc WbrffstmcfJmfiroife/rrenJtr. 
 
 t> •Scf^oois. 
 
 c ■5taf& ar/7<y JJrotol GovernnTei?^- 
 
 Inferesf or? I^blicJ?eit. 
 
 g C^arifjiss^/iosf^ifals Correcf/otfs. 
 h ITeoM? and ■3onffafioji. 
 
 J J^scd/aneoLAs. 
 k Ifecreoft'orT. 
 
 AMOUNT AM) OBJECTS OF STATE AND LOCAL BXPENDITUEE8 
 
190 
 
 GOVERNMENT AND POLITICS 
 
 238. Sources of Public Revenue. The expenditures of 
 government, like those of individuals, are paid out of in- 
 Diiaot, ae- come or revenue; and the sources of public in- 
 anudpat^ come may be grouped under three heads: (1) di- 
 ravenue j-g^t revenue, or that received from public owner- 
 ship of productive property, or public management of pro- 
 ductive industry, or revenue which accrues to government 
 by virtue of its corporate character; (2) derivative revenue, 
 derived from the private incomes of persons or corpora- 
 tions, and paid by them in satisfaction of some revenue law; 
 (3) anticipatory revenue, or that secured by government 
 through the use of its credit, to be afterwards repaid. 
 
 The following outline ' shows in detail the sources of 
 public revenue: — 
 
 1. Direct revenue 
 
 2. Derivative 
 revenue 
 
 3. Anticipatory 
 revenue 
 
 a. Public domains 
 
 b. Public industries 
 
 c. Gratuities or gifts 
 . d. Confiscations and indemnities 
 
 a. Taxes 
 
 b. Fees 
 
 c. Assessments 
 
 , d. Fiaes and penalties 
 
 a. Sale of bonds or other forms of com- 
 mercial credit 
 
 b. Treasury notes 
 
 Im/// 0/7S. joo Boo SCO 400 (Too boo 700 eoo 9oo /eoo J tCO 
 
 over SSooJBpu/ofyon. 
 £> Tfaf/o/7a/ (jovcrnmertf: 
 
 EECEHTS OF NATIONAL, STATE, AND LOCAL GOVERNMENTS 
 ' Adams, H. C, Tht Science o] Finance, p. 227. 
 
STATE FINANCE 191 
 
 239. Sources of Direct Revenue. In the United States, 
 direct revenue forms a comparatively small part of public 
 income. Many European coimtries own agricul- pubuc 
 tural lands, mines, and forests, from which a con- *""'*'"■ 
 siderable revenue is derived; but the policy of our govern- 
 ment has been to transfer the public domain to individual 
 settlers upon the theory that the national resources would 
 be best developed in this way. 
 
 Many foreign governments also derive considerable direct 
 revenue from public industries, as waterworks, gas and electric 
 lighting-plants, street and steam railways, postal and 
 telegraph systems; and also from industries mono- lajnatrles 
 polized by government as a means of revenue (fiscal 
 monopolies).' In the United States municipal ownership of 
 waterworks systems is common, and many cities also own 
 electric-lighting plants; while the federal government owns and 
 operates the postal system. These industries are often carried on 
 at a loss, charges having been reduced to a low figure in order to 
 encourage an extensive use of the commodity or service.^ 
 
 240. Soxurces of Derivative Revenue. Fees and special 
 assessments form a considerable source of derivative re- 
 venue, although relatively much less important 
 
 than taxation proper. Fees are payments made 
 to cover a part of the total cost of certain governmental 
 activities performed for the benefit of all, but which confer 
 a special benefit upon the individual. For example, there 
 are judicial and legal fees, as court fees, the charges for 
 recording deeds and mortgages, marriage-fees, and the 
 like; administrative fees, including fees for education, 
 when charged; and industrial and commercial fees, as road 
 and canal tolls, harbor dues, and similar charges. 
 
 Special assessments, also called "betterment" taxes, are 
 closely related to fees. A special assessment has special 
 been defined by Professor Seligman as "a com- "»"™"t» 
 pulsory contribution paid once and for all to defray the cost 
 
 1 Aa the government monopoly of the manufacture of tobacco in France, and of liquor 
 in Ruisia. 
 
 s Aa in the caae of the federal i>ostal system, vhere the annual deficit commonly ranges 
 from ten to fifteen million dollars. 
 
192 GOVERNMENT AND POLITICS 
 
 of a specific improvement to property undertaken in the 
 public interest, and levied by the government in propor- 
 tion to the special benefits accruing to the property owner." 
 For example, when a street is paved, or when water-pipes 
 or sewers are laid, in addition to the general public benefit 
 there is a special benefit to the individual on whose pro- 
 perty the improvement abuts; and hence it is customary 
 to levy a special assessment covering part or all of the cost 
 against the owners whose property receives the special 
 benefit. 
 
 Taxes may be defined as "ratable burdens or charges 
 imposed by the legislative power upon persons or property 
 Taxes *° raise money for public purposes." ^ The justi- 
 
 fication of taxation is the benefit which govern- 
 ments confer upon individuals. In return for the protection 
 which they afford and the public functions fulfilled, govern- 
 ments may justly take from those benefited, through tax- 
 ation, the means necessary for their support. Taxes are 
 
 IJilH oos loo soo 300 ^o SCO eao 9oo eoo 9oo 1000 
 <ai \ 
 
 1 I I I I I I I I I I I I I I I I I 1 
 
 a Oen&ro/ Pmperfi/ Tc^x. 
 
 b I/orn/nys ofl^M/c-^eriK:e2yr?^&'pr/3es. 
 
 c Jyiquor and Of^her Iz/oens&s. 
 
 d •3peci'a/ Ass&ssmen/s^. 
 
 e MJsce//cneou<s. 
 
 f ■Specie/ Phoper^ Tdjres. 
 
 ^ ^u/;y&/p//or?s a/?d Grants. 
 
 h Infsrest and IT&n/is. 
 
 i '3us/n&ss T^^es, 
 
 H- Ih// TaM. 
 
 2 ]^/7es and ^rfe/fs. 
 m •Z^nat/ons and GJfts. 
 
 SOURCES OF STATE AND LOCAL REVENTJES 
 
 > Black, H. C, Constitviional Law, p. S76. Professor Plehn defines taxes aa "genera\ 
 compulsory contributions of wealth levied upon persons, natural or corporate, to defray 
 the expenses incurred in conferring a common benefit upon the residents of the State." 
 
STATE FINANCE 193 
 
 levied in accordance with the theory of faculty or ability; 
 that is, individuals are required to share the burden of 
 taxation according to their ability, estimated upon the 
 basis of property or income. 
 
 241. General Principles of Taxation. Certain general prin- 
 ciples govern the levying of taxes, the following being especially 
 important: — 
 
 (1) The rule of equality, which prescribes that as far as possible 
 all individuals shall pay taxes according to their re- 
 spective abilities. 
 
 (2) The rule of uniformity, which means that all taxable articles 
 or kinds of property of the same class shall be taxed 
 
 at the same rate. " Dififerent articles may be taxed at 
 
 different amounts, provided the rate is uniform on the same class 
 
 everywhere, with all people, and at all times." ' 
 
 (3) The tax must be for a public purpose, that is, for the support 
 of government and its legitimate objects, and not for Pulillo 
 
 the private advantage of individuals.^ pnijoao 
 
 (4) The tax must be authorized by the legislature, it being a 
 cardinal principle of republican government that taxes Leglslatlva 
 can be voted only by the representatives of the people, aatlorlza- 
 that is, by the legislative power. "^ 
 
 (5) Jurisdiction is essential to the validity of the tax; that is, 
 the person or thing taxed must be amenable to the j ^ ai « 
 authority of the government making the levy. 
 
 (6) Certainty should characterize every tax; that is, the time, 
 manner, and amount of the payment should not be , , ^_ 
 arbitrary, but fixed and known to all. 
 
 (7) Convenience is another desirable characteristic; the tax 
 should be collected at a time when it will be most con- 
 venient for the contributors to pay; and in general 
 
 should cause as little inconvenience as possible. 
 
 (8) Economy should characterize all tax levies; the tax should 
 
 not be too difficult of administration, nor the cost of _ 
 
 ,, . . Economy 
 
 collection excessive. 
 
 242. Extent of the Taxing Power. The largest discretion is 
 allowed the legislative power in determining the basis What may 
 on which taxes shall be laid; and all property, tangible *' •"^* 
 or intangible, is subject to taxation. " Taxes may be levied on 
 
 ' Black, H. C, Cmulitutianal Late, p. 392. 
 
 > "If the end be not public, it matters not that the individuals for whose benefit the tax 
 is laid are numerous, nor that the object is to afford relief from the consequences of a pest- 
 ilence, fire, inundation, or other general and widespread calamity." — Hare, J. I. C, Amer- 
 scbrt Conetitutional Law, l, 270. 
 
194 GOVERNMENT AND POLITICS 
 
 real property or personal property, on occupations, on incomes, 
 on inheritances, and on various other rights, benefits, and priv- 
 ileges which are enjoyed under the protection and sanction of 
 organized society." ' 
 
 The power of the several commonwealths to tax is a genera! 
 power, subject only to certain express and implied limitations in 
 Llmiiati the'national and State constitutions, and to the limita- 
 tions imposed by the nature of our form of government 
 Six important limitations are imposed by the federal constitu- 
 tion, or by the nature of the federal government; and additional 
 limitations are found in many State constitutions. 
 
 By express provisions of the federal constitution, the common- 
 wealths are forbidden, without the consent of Congress (1) to 
 Federal oon- '^y ^ny imposts or duties on imports or exports except 
 tiol ol com- those absolutely necessary for the execution of State in- 
 '"*"'* spection laws,^ or (2) to lay any tonnage duty.' More- 
 
 over, (3) an implied restriction on the power of the commonwealths 
 to tax foreign or interstate commerce is found in the provision 
 giving Congress power to regulate foreign and interstate com- 
 merce.* 
 
 (4) Another implied limitation arises from the guaranty of the 
 federal constitution that " the citizens of each State shall be en- 
 QnarantT titled to all the privileges and immunities of the citi- 
 ol eiisal zens of the several States." ' This provision prevents 
 PTlvUagM j^ State from discriminating against citizens of other 
 commonwealths by levying upon the property or business of non- 
 residents a higher tax than is levied upon corresponding property 
 or business of its own citizens." 
 
 (5) State governments may not tax the agents or instrumental- 
 ities by which the federal government performs its functions, be- 
 Tazatlon cause if allowed this power they might cripple or even 
 ol eoTOTii- wholly defeat the national authority. Hence a State 
 mental government may not impose a tax upon the operations 
 
 of a bank chartered by Congress; ' nor upon the salary 
 of a federal ofl&eer; nor upon the evidences of indebtedness issued 
 by the national government.' 
 
 * McClain, E., CcmHitutional Law, p. 127. > Contiiiuiion, Art. I., Sec. 10, Par. 2. 
 
 s ConatitxUion, Art. i. Sec. 10, Par. 3. * Conttitutim, Art. i, Sec. 8, Par. S. 
 
 ' CrniHiUdion, Art. iv. Sec. 2, Par. 1. 
 
 " Ward V. Maryland, 12 Wall. 419; Welton v. Missouri, 91 U. S. 275; 'Walling c. Michigan, 
 116 U. S. 446; Luy c. Baltimore, 100 U. S. 434. 
 
 ' M'CuUoch V. Maryland, 4 Wheaton, 316; Thayer's Cases, ii, 1340; Osborn t. U. S. Bank. 
 9 Wheaton. 738. 
 
 ■ This implied limitation is reciprocal: for similar reasons the federal government cannot 
 lay a tax upon the agents or instrumentalities of the State governments. 
 
STATE FINANCE 195 
 
 (6) If, as sometimes happens, the State and federal govern- 
 ments tax the same thing, the federal tax must first be snboidliuit* 
 satisfied. This limitation arises from the subordinate position oi 
 position of the commonwealths in the federal plan. States 
 
 (7) Many State constitutions limit the amount which may be 
 raised by taxation to a certain per cent of the valua- Amount ol 
 tion of taxable property; and also provide that no taxation 
 greater revenue shall be raised than the current needs of govern- 
 ment require. 
 
 (8) The constitutions of many commonwealths exempt certain 
 property from taxation, including that of educational institutions, 
 public hospitals, charitable institutions, church pro- _ _,.«„_, 
 perty used for religious purposes, public property used 
 
 for public purposes, and personal property to a limited amount 
 (generally about two hundred dollars for each individual). 
 
 243. Classificatioii of Taxes. Taxes may be classified 
 
 in various ways, the most common division being into 
 
 direct and indirect taxes. Direct taxes are those „, .. 
 
 Direct taxes 
 
 levied immediately upon the persons who are to 
 bear the burden. The law contemplates that the tax- 
 payer shall also be the tax-bearer, and the burden of tax- 
 ation cannot ordinarily be shifted. The most important 
 direct taxes are the general property tax, mortgage tax, 
 inheritance tax, corporation, poll, and income taxes. 
 
 Fkr Cenf- S lo /ST go SS ao aS ^O 4S So ff^_ 
 
 ("^ '. . 
 
 a GerTsrat ?^t?s»er7y IbA. 
 
 C Borninqs of Ft/Mc ■Service. 
 
 Unferyrisas. 
 d Iflcansos and ^rrnpits. 
 & ■Sv*c/o/ As^cssnrm/a. 
 f A/I Ofhor Sources. 
 
 PEE CENT SOUHCES OP STATE AND LOCAL REVENUES 
 
 Indirect taxes are those levied upon commodities before 
 they reach the consumer. The taxpayer is not indirect 
 the real tax-bearer, since the tax is ultimately *"" 
 paid by the consumer in the form of a higher price. The 
 
196 GOVERNMENT AND POLITICS 
 
 principal indirect taxes are customs duties, excise or internal 
 revenue taxes, franchise and license taxes. 
 
 The federal government derives its revenue almost 
 exclusively from indirect taxes (customs duties and ex- 
 Fedeiai cises). State and local revenues are derived chiefly 
 and state from direct taxes — the general property tax, in- 
 heritance, and corporation taxes; together with 
 a relatively small amount from such indirect taxes as 
 franchises and licenses. 
 
 244. Assessment of General Property Tax. Throughout 
 the Union, about sixty per cent of State and local reve- 
 Procossoi nues is derived from the general property tax, 
 assessment -^jjjf^jj |jj theory is levied on the entire amount 
 of property, real and personal, owned by taxpayers. The 
 first step in administering the general property tax is that 
 of assessment, or placing a valuation upon taxable property. 
 Local assessors are generally elected by the city, town- 
 ship, or county; and these officers inspect and place a value 
 upon the property of each taxpayer. To aid in this work, 
 taxpayers are ordinarily required to make a declaration 
 under oath of the amount of their personal property, these 
 declarations being subject to correction by the assessors. 
 
 Real estate ^ and visible personal property (as furniture, 
 stock in trade, live stock, or other farm capital) can be 
 Difliouities readily discovered by the assessors; but it has 
 In assess- proved exceedingly difficult to reach intangible 
 
 in out 
 
 personal property, as notes, bonds, stocks, and 
 mortgages. Hence the most valuable portion of personal 
 property owned by the wealthiest members of the com- 
 munity largely escapes taxation. In the United States as 
 a whole, probably only one fifth of all personal property 
 is reached under the general property tax. Both real and 
 personal property are assessed far below their true values, 
 real estate being generally rated at from one third to three 
 fourths of its actual value. 
 
 * Real estate includes both land and the permanent structures resting upon it. 
 
STATE FINANCE 197 
 
 245. Equalization. The work of local assessors is com- 
 monly subject to correction by a county board of equal- 
 ization, since otherwise property in one section of Boaris oi 
 the county may be assessed at a lower valua- 6i'>a"™'""i 
 tion than property in other sections, thus placing an un- 
 equal burden upon taxpayers. Furthermore, there is 
 generally a State board of equalization charged with the 
 duty of reviewing and equalizing the valuations within 
 the various counties; for if the property in one county is 
 undervalued as compared with the average rate of valua- 
 tion throughout the commonwealth, the county escapes 
 to that extent from its just burden of State taxation. 
 
 246. Levy and Collection of Taxes. After the process 
 of assessment has been finished, the next step is the levy of 
 the tax, or the fixing of the rate. The amount of Hxing mo 
 revenue to be raised is first determined by the •""•' 
 proper authority of each taxing area — generally by the 
 board of education for the school district, by the township 
 trustees for the township, by the town-meeting for the 
 town, by the council for the municipality, by the county 
 commissioners for the coimty, and by the legislature for 
 the State. The rate of taxation is then determined by cal- 
 culating the ratio between the estimate of necessary funds 
 and the total assessed valuation of taxable property within 
 the district concerned. For example, if the total State ex- 
 penditures are estimated at three million dollars, and the 
 assessed valuation of all taxable property in the common- 
 wealth is three billion dollars, the rate for State purposes 
 will be the former sum divided by the latter, or one tenth 
 of one per cent, or one mill on the dollar. In the same 
 manner the rates for the coimty, town or township, city, 
 village, or school district are separately determined by find- 
 ing the ratio of the assessed value of taxable property 
 within the district to the revenue required by the district. 
 
 The State auditor certifies the State tax rate to the 
 coimty auditors or clerks; and the latter add to this the 
 
198 
 
 GOVERNMENT AND POLITICS 
 
 rates authorized for local purposes. The sum of these rates 
 Dnttes oi will be the percentage of each taxpayer's pro- 
 aaflitor perty required for the support of State and local 
 government. For example, the rates for taxpayers in rural 
 and urban communities may be as follows : — 
 
 RURAL taxpayer' 
 BaU Uittt 
 
 School 4 
 
 Township 1.25 
 
 County 4.605 
 
 State 1.345 
 
 Total 11.2 
 
 URBAN TAXPATEH 
 Bate MilU 
 
 School 9.7 
 
 Municipal 16.95 
 
 County 4.605 
 
 Stete 1.345 
 
 Total. 
 
 .32.6 
 
 All taxes are collected by local officers, generally by 
 the township or county treasurer, the township supervisor, 
 OoUeoUon the selectman, constable, or special tax collect- 
 oi uxea Qj.g -pj^g total amount of State and local taxes col- 
 lected by these officers is then distributed, the respective 
 shares being turned over to the township (or city) treasurer, 
 the county and the State treasurers. 
 
 Millions. Bo ipo ISO Soo eSo soo sso loo 4So Soo SSo too afft 
 
 (O} 
 
 ¥ 
 
 <7 Gfies oncf OiVrer 
 
 l}7corf>onified F^cjces. 
 b Counfies. 
 
 C S/OfiS'S. 
 
 DISTRIBUTION OF GENERAX PROPERTY TAX AMONG STATE AND 
 LOCAL GOVERNMENTS 
 
 If a taxpayer fails to pay his tax bill at a specified date, 
 the property upon which the tax is levied is delinquent. 
 DsUsiinnt A penalty in the form of an increased rate is 
 •"•* then imposed, and if the bill remains unpaid the 
 
 property may be sold to satisfy the claim. If sold, the ex- 
 
 1 Thus on property assessed at $1000, the taxpayer in the rural community would pay 
 $11.20, wlule on the same amount of property the urban taxpayer would pay $32.60. 
 
STATE FINANCE 199 
 
 cess over the amount of taxes due is given to the owner; 
 and ordinarily he has the right within a Kmited period 
 (generally two years) to repurchase the property at the 
 sale price plus certain penalties. 
 
 247. Defects of the General Property Tax. The defects 
 of the general property tax are so serious that this form of tax 
 has been severely condemned by all students of finance, and by 
 most administrative officials. Professor Seligman declares that 
 "the general property tax as actually administered to-day is 
 beyond all peradventure the worst tax known in the civilized 
 world." 
 
 Its chief defects may be summarized as follows: — 
 
 (1) Theoretically, the general property tax is bad, since it takes 
 property itself as a criterion of taxpaying ability; 
 whereas not property, but the income which property tiem 
 yields, is the best index of taxpaying power. 
 
 (2) The general property tax is defective in practice, since 
 it fails to reach the most valuable portion of personal 
 property — intangible property. Hence it imposes an pj^otlo* 
 undue burden upon real estate, and upon those en- 
 gaged in agriculture, as compared with those in other pursuits. 
 
 (3) The most serious defect in the general property tax arises 
 from the difficulty of assessment. The greatest in- 
 equalities prevail in the valuation of property in the dif- y^^uonB 
 ferent townships within the county, and in the counties 
 composing the State. Hence one township may bear an undue 
 burden of county taxation as compared with other townships, 
 and counties often bear unequal burdens of State taxation.' 
 
 (4) Finally, the general property tax causes public demoral- 
 ization. Since taxpayers are commonly required to 
 
 declare their taxable property under oath, those who moiguiauon 
 are conscientious are taxed heavily, while others escape 
 a large share of their just burden. 
 
 248. Mortgage Taxes. In several commonwealths a tax 
 is levied upon capital invested in mortgages. For example, 
 in New York a small tax is levied upon mortgages at the 
 
 1 "The assessors are commonly local officers dependent for their places upon the sof. 
 frage of those whose property they assess, and since these assessments are taken as the 
 basis of county and State taxes, as well as of township taxes, a strong temptation is pre- 
 sented to each assessor to value the property in his township as low as possible in order 
 that it may not be charged with an unduly large proportion of county and State taxes." -' 
 Adama, H. C, Tbt Science qf Finance, p. US. 
 
200 GOVERNMENT AND POLITICS 
 
 time of record, after which they are exempt from further 
 taxation. The poUcy prevaiUng in some States of taxing 
 mortgages annually at the local tax rate is both unjust 
 and difficult of enforcement. Such a tax involves double 
 taxation unless the mortgagor is taxed only on the value 
 of his property less the amount of the mortgage.^ 
 
 249. Inheritance Taxes. Inheritance taxes ^ are those 
 imposed upon property inherited from the estate of a de- 
 ceased person. This form of taxation is extensively used 
 in Great Britain, Switzerland, and Austraha; and it also 
 prevails in three fourths of the commonwealths of the 
 Union. In levying inheritance taxes, the practice is to ex- 
 empt small estates entirely, and frequently to exempt that 
 portion of the estate which passes to direct heirs. 
 
 250. Corporation Tax. The failure of the general pro- 
 perty tax to reach intangible personal property, such as 
 
 stocks and bonds in the hands of individual own- 
 Object 
 
 ers, has been partially remedied in some com- 
 monwealths by a tax levied upon corporations, which from 
 their nature must maintain an official record of property 
 and earnings. 
 
 The corporation tax is sometimes a general one imposed upon 
 all corporations doing business within the State. More often it 
 is levied upon those industries which are monopolistic 
 sBMlal *" ''^ character, and hence superior to the normal con- 
 trol of commercial forces; or which for some other reason 
 bear a public or quasi-public character. Illustrations of these 
 are (1) the railway, telegraph, telephone, and express industries; 
 (2) bridge companies and corporations owning rolling stock and 
 terminals; (3) banks, building and loan associations, and insur- 
 ance companies; and (4) municipal monopolies, as street railways, 
 gas and electric-lighting companies. 
 
 The basis of the corporation tax is in many instances the cap- 
 Basis ^^^ stock at its par or market value; and often the 
 bonded indebtedness is also included. In other States, 
 the volume of business transacted, the gross earnings, the divi- 
 
 1 Since the economic result of a mortgage tax Is to increase the interest rate; or, in other 
 words, the burden of the tax is imposed upon borrowers. 
 * Known also as succession taxes, and death duties. 
 
STATE FINANCE 201 
 
 dends and interest, or the net earnings, are taken as the basis. 
 In some commonwealths, as in New York, a tax is levied upon the 
 organization of corporations as well as upon their annual earnings.' 
 
 251. Poll or Capitation Tax. The poll or capitation tax 
 is a uniform contribution levied against individuals as such. 
 This generally proves a very difficult tax to col- a teiiotiT* 
 lect; and it is an unjust form of tax, since the *" 
 same amoimt is exacted from each person, irrespective of 
 his abiUty to pay. Many commonwealths still retain the 
 poll tax, the levy being two or three dollars upon all males 
 over twenty-one years of age. 
 
 252. Income Taxes. The income tax is a tax of a certain 
 per cent on the annual clear income of each individual. 
 Incomes below a certain amount are commonly cbaraoui- 
 exempt, and the rate of taxation is often progress- '"''''■ 
 ive.^ An income tax in some form is levied in seven States: 
 Massachusetts, Mississippi, North Carolina, Oklahoma, 
 South Carolina, Virginia, and Wisconsin. 
 
 253. License Taxes. License taxes include" all pajmients 
 which the law makes a condition to the transaction of busi- 
 ness, or to the following of a profession, a trade, D,fijMH._ 
 or any industrial calling." ' Except in the South- ana oiiarao- 
 em States, where licenses are required for many 
 different kinds of business, the license tax is generally im- 
 posed upon occupations which present peculiar difficulties 
 from the point of view of police regulation, as the business 
 of saloon keepers, hack drivers, draymen, and peddlers. 
 
 254. Franchise Taxes. A franchise is an exclusive right 
 or privilege granted by government, as the right to sup- 
 ply gas, water, or electric light within a certain Deiinition 
 area, or the right to use the streets of a city for "'^ purpose 
 the operation of a street-railway system. The chief value 
 
 1 The States of New York, Massachusetts, Pennsylvania, Vermont, and New Jersey 
 derive the greater part of their revenues from corporation taxes; and the present tendency 
 is to develop the corporation tax for State purposes, leaving the general property tax to the 
 various local areas (connties, townships, and cities). 
 
 > A tax rate is progressive when a larger per cent is assessed upon higher than upon lower 
 values; it is proportioned when the rate is the same per cent on all property. 
 
 * Adams, H. C, Seimce tf Finance, p. 378. 
 
202 GOVERNMENT AND POLITICS 
 
 of street-railway property is not the cost of rolling stock 
 and rails, but rather the exclusive right to use the streets 
 for the purpose of carrying passengers. The franchise tax, 
 then, is a tax upon a value arising from an exclusive priv- 
 ilege — in other words, upon a value which society itself 
 creates. Throughout the entire history of American muni- 
 cipalities, franchises have been given away with utter 
 disregard of their value and the public interest; but the 
 present tendency is to secure for the city some retxu-n for 
 the values arising from municipal growth and development. 
 
 255. Reforms in Taxation. The reform in taxation most 
 earnestly advocated by students of this subject consists in 
 SonrcM ^^® assignment of definite and exclusive sources 
 oi itdeiai of income to each of the several grades of govern- 
 ment. Thus to the federal government would be 
 
 assigned the revenue from customs duties and excise taxes, 
 supplemented in case of need by a federal income tax. 
 
 State revenue should be derived from taxation of corpor- 
 ations, inheritance taxes, and licenses. The eflfort to reach 
 s*nio*B intangible personal property through the gen- 
 •1 stau eral property tax should be entirely abandoned, 
 and the commonwealth should leave to local gov- 
 ernments all taxation of real estate. In this way many of 
 the defects of the general property tax would be remedied. 
 The antiquated and unjust poll tax should be abandoned 
 entirely. 
 
 The revenue for rural local governments should be de- 
 rived chiefly from the tax upon real estate, supplemented, 
 Soiuoes ^ necessary, by a tax upon visible personal pro- 
 oiitoai perty. In cities large revenues should be derived 
 from franchises and licenses, supplemented in 
 case of need by a small tax upon real estate. 
 
 256. Borrowing Power of State Governments. In addi- 
 AnticipatoTy tion to the income obtained from the foregoing 
 rerenue sources. States may obtain revenue through the 
 use of their credit, or in other words, may borrow money. 
 
STATE FINANCE 203 
 
 (Such revenue is called anticipatory, and "its legitimate 
 use is confined to making headway against a fiscal exigency, 
 or to the providing of capital for public investment." * 
 State and local debts are generally incurred for the con- 
 struction of public works, although sometimes they are 
 due to deficiencies in taxation. Debt-making means the 
 distribution of the burden of heavy expenditures over a 
 later period, the cost of this postponement being the pay- 
 ment of the annual interest. 
 
 Because of the recklessness of legislative bodies in con- 
 tracting debts, most constitutions limit the amount of 
 indebtedness that may be incurred by State and Qj^jtn^. 
 local governments to a certain per cent of the valu- uonai iim- 
 ation of taxable property. Limitations are often 
 imposed as to the objects for which State governments 
 may borrow money; and a number of constitutions provide 
 that no money may be borrowed unless the law author- 
 izing the loan be ratified by a popular vote.^ 
 
 State governments generally borrow money through the 
 issue of bonds, since the federal constitution expressly 
 prohibits the commonwealths from issuing due- Methoioi 
 bills, or paper notes of any kind intended to *'"'"''« 
 circulate as money.' Provision is commonly made for the 
 redemption of bonds through the accumulation of a sink- 
 ing-fund; that is, a portion of the annual income is set 
 aside each year in a special fund which is invested in 
 interest-bearing securities, and ultimately applied to the 
 extinguishment of the debt. 
 
 257. History of State Debts. Shortly after the adoption 
 of the national constitution (1789), the federal gov- 
 ernment assumed the Revolutionary debt of the States agijtjaiiMs 
 amounting to about $21,000,000; and for thirty years 
 afterwards there was little State debt. Then came the era of ex- 
 
 1 Adams, H. C, Seienee of Finance, p. fi. 
 
 s Commenting upon these restrictions, Bryce declares that "one feels, in reading these 
 multiform provisions, as if the legislature was a rabbit seeking to issue from its burrow to 
 ravage the crops wherever it could, and the people of the State were obliged to cl«e every 
 exit, because they could not otherwise restrain its inveterate propensity to mischief." — 
 The American Commonwealth, I, 5ii. 
 
 ' ConMution, Art. 1, Sec. 10, Far. 1; Craig c. Missouri, 4 Peters, p. 410. 
 
204 GOVERNMENT AND POLITICS 
 
 teusive canal building, followed by railroad building with State 
 aid, which resulted in a rapid increase of State indebtedness.' 
 After the panic of 1837 a number of commonwealths repudiated 
 a part of their debts, to the amount of about $14,000,000. 
 
 The Civil War created a large indebtedness on the part of 
 the commonwealths, as well as the federal government; but the 
 loans incurred in aid of rebellion by the eleven seceding 
 perloil " States became void through the adoption of the four- 
 teenth amendment. After the war the Southern States, 
 and also two Northern commonwealths, repudiated indebtedness 
 amounting in all to $160,000,000.^ 
 
 State debts are now decreasing, and a number of common- 
 wealths are practically free from debt. One reason for this de- 
 cline is the increase of municipal and local indebtedness, 
 oondlttons owing to the increased activities which local govern- 
 ments are called upon to perform. The total debt of 
 local governments throughout the Union is now about ten times the 
 aggregate State indebtedness, and more than three times the 
 amount of the national debt. 
 
 GENERAL REFERENCES 
 
 Adams, H. C, The Science of Finance (1905). 
 
 Agger, E. E., The Budget in the American Commonwealths, Columbia 
 
 University Studies (1907). 
 Ashley, R. L., American Federal State (1903), ch. xxv. 
 Bastable, C. F., Public Finance (1895). 
 Beard, C. A., American Government and Politics '^1910), ch. xxxi. 
 
 Readings in American Government and Politics (1910), ch. xxxi. 
 
 Blackmar, F. W., Economics for High Schools (1907), ch. xxxii. 
 
 Bryce, James, The American Commonwealth (1908), i, ch. xuii. 
 
 Bullock, C. J., Introduction to the Study of Economics (1900), ch. xvii. 
 
 Cooley, T. M., Constitutional Limitations (1903), ch. xiv. 
 
 Daniels, W. M., Elements of Public Finance (1899). 
 
 Ely, R. T., and Wicker, G. R., Elementary Principles of Economics (1904) 
 
 pp. 327-363. 
 Ely, R. T., and Finley, John H., Taxation in American States and Cities. 
 Fairlie, J. A., Municipal Administration (1901), chs. xiii-xvi. 
 Hart, A. B., Actual Government 1903), chs. xxi-xxii. 
 Hollander, J. H., Studies in State Taxation (Johns Hopkins University 
 
 Studies), XVIII, nos. 1-1 (1900). 
 Lalor, J. J., Cyclopedia of Political Science, etc. (1882-84); articles on 
 
 Budgets, Debts, Finance, Revenue, Municipal Bonds, Repudiation, 
 
 Taxation. 
 
 1 It is utrmated th»l the total debt of tie States in 1838 was (170,800,000, of which 
 $00,200,000 had been incarred for canals, $42,800,000 for railroads, and |£!i,800,000 for 
 banldng. 
 
 • Most of this amount was contracted just after the war by the carpet-bag gorem- 
 ments of the South. 
 
STATE FINANCE 205 
 
 National Municipal League, Proceedings of the Providence Confermet for 
 
 Good City Government (1907), pp. 223-316. 
 Plehn, Carl C, Introduction to Public Finance (1897). 
 Seligman, E. R. A., Essays in Taxation (1895). 
 
 QUESTIONS AND EXERCISES 
 
 1. What restrictions are imposed by your State constitution upon 
 (a) the power to levy taxes; (b) the power to borrow money? 
 
 2. Study the balance sheet or financial statement of your State govern- 
 ment for last year, and report upon the following; (a) the amount 
 and sources of revenue for the year, arranged in the order of their im- 
 portance; (b) the chief items of expenditure. 
 
 3. Make a similar report concerning the financial statement of your city 
 or county. 
 
 4. State which of the following kinds of taxes are levied in your State: 
 general property tax, mortgage tax, inheritance tax, corporation tax, 
 poll or capitation tax, income tax, license or business tax, franchise 
 tax. 
 
 6. What is the total assessed valuation of property in your city or county? 
 What is the tax rate for city, school, county, and State purposes? 
 Taking the assessed valuation as a basis, figure the amount of revenue 
 which each area would receive at the respective rates. 
 
 6. Study the method of assessing property and of levying the general 
 property tax in your community. Compare with the process described 
 in Sections 244-246. 
 
 7. Are there county and State boards of equalization in your common- 
 wealth? If so, how are they chosen? How may an assessment be 
 increased or decreased? 
 
 8. What portion of one's real or personal property is exempt from taxa- 
 tion in your State? What is the reason for the exemption? 
 
 9. Does personal property bear its share of taxation in your community, 
 or does the greater part of it escape taxation? Can you suggest a 
 remedy? 
 
 10. Prepare a graphical chart showing fluctuations in the tax rates in your 
 city or county during the last twenty years. 
 
 11. Do rents tend to rise and fall as the tax rate increases or decreases? 
 Why? 
 
 12. What penalty is imposed in case of delinquent taxes? 
 
 13. By whom are taxes assessed in your city or county? To whom paid? 
 
 14. If corporation taxes are levied in your State, give the rate of the tax, 
 and the basis upon which it is levied (capitalization, earnings, etc.). 
 
 15. If inheritance taxes are levied, state the rate, exemptions, etc. Same 
 for income taxes. 
 
 16. Why are poll or capitation taxes objectionable? 
 
 17. Are franchises taxed in your city? What is the justification of this 
 form of tax? 
 
 18. Does the right to vote in your State depend upon the payment of any 
 kind of taxes? Are all taxpayers voters? 
 
 19. Compare the system of taxation suggested in Section 255 with that 
 actually in force in your State. 
 
 20. What is the amount of your State debt? Of your county debt? Of 
 
206 GOVERNMENT AND POLITICS 
 
 your city debt? Of your school-district debt? How are these debts 
 to be paid? 
 
 21. For what amount are bonds generally issued by your local govern- 
 ment? What is the usual rate of interest? How are the bonds sold? 
 
 a. For what purposes are governments justified in issuing bonds? Is it 
 proper to issue bonds to defray current expenses? 
 
 23. If possible, bring a government bond to class for examination and 
 study. 
 
CHAPTER XVIII 
 
 ORIGIN OP THE FEDERAL GOVERNMENT 
 
 258. Beginning of the Federal Union. From the stand- 
 point of constitutional law, the Federal Union as it exists to-day 
 dates from 1789, when our national constitution went ipiir»» 
 into effect. Historically its origin is much earlier, dating psriois 
 back to the crude attempts at union during colonial days "' '"'*°? 
 (1643-1775). Next came the period of Revolutionary union 
 (1775-1781), followed by constitutional union, first under the 
 Articles of Confederation (1781-1789), then under the federal 
 constitution. 
 
 259. Conditions affecting Colonial Union. ' Tendencies 
 toward union existed in the American colonies almost from the 
 beginning of their history. Nearly four fifths of the colo- T«na»nolM 
 nists were of English descent, speaking the same Ian- fiTorinc 
 guage, and except the Roman Catholics in Maryland, ""''"' 
 professing the Protestant religion. Not only were the colonists 
 united by the ties of a common history, language, and religion, 
 but all were governed by the English system of common law, 
 modified to meet colonial conditions; and they claimed as their 
 birthright the privileges which the common law recognized as 
 belonging to all Englishmen. Another influence tending toward 
 union was the fact that the colonists were threatened by a com- 
 mon enemy — first the Indians, then the Dutch and French, and 
 finally the mother country itself. 
 
 On the other hand, several conditions operated to prevent 
 an early and permanent union. From its establishment each 
 colony had been politically separate from every other, 
 and ihe strong feeling of local independence checked coniltlma ' 
 for many years the inclination toward union. The geo- 
 graphical situation of the colonies also tended to keep them sepa- 
 rate. Communication either by land or water was both difficult 
 and dangerous, and the lack of intercourse with their neighbors 
 fostered a spirit of provincial narrowness and exclusion. Industri- 
 ally also, the interests of the colonies were distinct. In New Eng- 
 land, shipbuilding was the leading industry; while at the South, 
 
208 GOVERNMENT AND POLITICS 
 
 agriculture carried on by slave labor was the chief source of 
 wealth. 
 
 260. The New England Confederation. In 1643 the 
 condition of affairs in England ' was such that the mother country 
 
 could do little to protect the colonies from the danger 
 aadnoweM of attack by the Indians and the Dutch. Accordingly, 
 
 four of the New England colonies (Massachusetts Bay, 
 Plymouth, Connecticut, and New Haven) united in a league for 
 the purpose of mutual defense, as well as for the extradition of 
 criminals and fugitive servants. The affairs entrusted to the 
 confederate government were managed by an advisory board, 
 on which each colony was represented by two commissioners. 
 This league continued in existence for forty years and rendered 
 effective service, especially in the wars against the Indians. 
 More important still, it accustomed the colonies to united action 
 and showed them the benefits of union. 
 
 261. The Albany Plan of Union (1754). During the long 
 struggle with the French, several plans were brought forward for 
 
 a closer union of the colonies. In 1754 delegates from 
 Dlanof nulon Seven colonies met at Albany in answer to a summons 
 
 from the Lords of Trade. The Congress finally adopted 
 the plan presented by Benjamin Franklin for a colonial union to 
 be established by Act of Parliament. Although unanimously 
 adopted by the Congress, the proposed plan was rejected both 
 in England and in America. The colonies distrusted it as giving 
 too much power to the crown, while the British government consid- 
 ered it too democratic. 
 
 262. Stamp Act Congress (1765). The dormant spirit 
 of union in the colonies was finally aroused by the adoption of a 
 
 new British colonial policy. The Stamp Act passed by 
 olrigWs ^^^ British Parhament in 1764 met with bitter opposi- 
 tion from the colonists, who claimed that such a tax 
 could not be constitutionally imposed except by their own legis- 
 latures. At the suggestion of the Massachusetts House of Re- 
 presentatives, nine colonies sent delegates to the Stamp Act Con- 
 gress, (1765). This Congress drew up an address to the king, and 
 adopted a declaration of rights setting forth that "the people of 
 these colonies are not, and from their local circumstances cannot 
 be, represented in the House of Commons"; and that no taxes 
 "can be reasonably imposed on them but by their respective 
 legislatures." The Stamp Act Congress of 1765 marks one of the 
 
 1 The period from 1642 to 1649 marked the struggle between Charles I and the Long 
 Parliament, ending in the execution of the king and the proclamation of the Common- 
 wealth. 
 
ORIGIN OF THE FEDERAL GOVERNMENT 209 
 
 most important steps in the development of the spirit of union — 
 so important that it has been called the day-star of the American 
 Union. 
 
 263. Growth of Spirit of Resistance. The obnoxious 
 Stamp Act was repealed in March, 1766, but the British govern- 
 ment did not abandon its position on the subject ot oommlttees 
 taxation. Coupled with the repeal of the Stamp Actj ol oorre- 
 Parliament had passed a resolution aflSrming its right W^^^^^e 
 to legislate for the colonies "in all cases whatsoever." ' Within 
 the next few years other revenue acts were passed, including the 
 unpopular tax on tea; and in 1773, following a suggestion made 
 several yearS before by the Massachusetts legislature, commit- 
 tees of correspondence were formed in the various colonies to 
 secure cooperation in resisting the aggressions of Great Britain. 
 These committees were appointed by the colonial assemblies, 
 and mark another important step toward a political union of the 
 colonies. 
 
 264. First Continental Congress (1774). The first Contin- 
 ental Congress owed its origin to the series of repressive measures 
 adopted by Parliament in order to discipline Massa- _^, 
 chusetts. A general congress to secure redress of griev- 
 ances had been proposed by Virginia in May, 1774, but the de- 
 finite call came from Massachusetts in June of the same year. 
 All the colonies except Georgia were represented. 
 
 In September, 1774, the fifty-five delegates assembled at Phil- 
 adelphia. They drew up a declaration of rights and grievances, 
 together with a petition to the king requesting the p.....ji_,. 
 repeal of the obnoxious laws; and recommended that 
 untU redress of grievances was secured, the colonists should neither 
 buy from nor sell to the people of Great Britain. This non-im- 
 portation agreement or "Association" was subscribed to by each 
 member for himself and the colony he represented, and virtually 
 marks the beginning of the Federal Union. Congress adjourned 
 after recommending that a similar body be convened at Phil- 
 adelphia in May of the following year, in case the colonial griev- 
 ances were not redressed in the meantime. 
 
 265. The Second Continental Congress (1773-1781). 
 The Second Continental Congress, most of whose del- Revolutlon- 
 egates were chosen by popular conventions, assembled ary powers 
 in the state house at Philadelphia on May 10, 1775. «"<""* 
 By this time the battle of Lexington had been fought, and an army 
 
 1 This act Pitt called a resolution "for England's right to do what the Treasury pleased 
 with three millions of freemen." 
 
210 GOVERNMENT AND POLITICS 
 
 of patriots was lajnng siege to Boston. Congress at once assumed 
 revolutionary powers, which were exercised with the acquiescence 
 of the people during the next six years. It organized an army and 
 chose Washington commander-in-chief; raised a navy; licensed 
 privateers; issued the Continental Currency, pledging the faith of 
 the country to its redemption; established a treasury department 
 and post office; sent representatives to France and other countries; 
 adopted the Declaration of Independence; gave advice concern- 
 ing the formation of State governments; concluded the treaty of 
 alliance with France; and proposed to the States the Articles of 
 Confederation, the adoption of which in 1781 legalized the Revo- 
 lutionary Union. In short, the Second Continental Congress 
 assumed and exercised all the sovereign powers necessary to the 
 successful maintenance of the Revolutionary cause, and this de 
 facto government was acquiesced in by the people. 
 
 266. Fonnation of the Confederation. On the same day 
 that Congress appointed a committee to draw up the Declaration 
 
 of Independence (June 11, 1776), a second committee 
 ol^AiUolei" consisting of one member from each State was chosen to 
 
 draw up a plan of Confederation. On July 12, 1776, 
 this committee reported a plan of union supposed to have been 
 drafted by John Dickinson; and after some delay it was adopted 
 by Congress (November 15, 1777), and sent to the States for 
 ratification. By July, 1778, ten States had agreed to the Articles 
 of Confederation (which were only to be binding when all the States 
 had ratified). By May, 1779, all had ratified except Maryland; and 
 this commonwealth steadfastly refused to give her sanction unless 
 her more powerful neighbors — especially New York and Virginia 
 - — should cede to the general government their claims to the 
 western lands. New York finally relinquished her claims to the 
 western domain, and Virginia promised similar action; where- 
 upon Maryland gave her ratification, and on March 1, 1781, the 
 Articles went into effect. 
 
 267. Character of the Confederation Govenunent. The 
 new government was a confederation or league of States, rather 
 
 than a federal government such as we have to-day. 
 o< States '^^^ States relinquished some of their sovereign pow- 
 ers, no commonwealth being permitted to send am- 
 bassadors, make treaties, maintain an army, or levy war. On 
 the other hand, the Articles expressly declared that "each State 
 retains its sovereignty, freedom, and independence, and every 
 power, jurisdiction, and right which is not by this federation 
 delegated to the United States in Congress assembled." Each 
 commonwealth whether large or small had but one vote in Con- 
 
ORIGIN OP THE FEDERAL GOVERNMENT 21i 
 
 gress; and the Articles could only be amended by the unanimous 
 consent of the State legislatures — a provision which made amend- 
 ment practically impossible. 
 
 A striking feature of the new government was that it did not 
 follow Montesquieu's theory of the division of governmenta} 
 powers among executive, legislative, and judicial depart- 
 ments. There was no national executive or judiciary, oonerass 
 and legislative powers were vested in a Congress of a 
 single house. To this Congress each State sent not less than two 
 nor more than seven delegates, chosen by its legislature for a term 
 of one year, but subject to recall at any time. Delegates were 
 paid by the State governments. Each commonwealth had one 
 vote, which was determined by a majority of the delegates present 
 when a vote was taken. 
 
 The legislative powers of Congress included the sole and ex- 
 clusive power to determine peace and war; to send and receive 
 ambassadors; to form treaties and alliances; to estab- 
 lish rules concerning captures on land and water; to oongiess 
 grant letters of marque and reprisal in time of peace; 
 to appoint courts for the trials of piracies and felonies committed 
 on the high seas; to establish courts of final appeal in cases of 
 captures; to decide on appeal any dispute between two or more 
 States concerning boundary, jurisdiction, or other causes; to 
 make requisitions upon each State for its quota of troops or taxes; 
 to borrow money and emit bills on the credit of the United States; 
 to regulate the alloy and value of coins issued by Congress or the 
 States; to fix the standard of weights and measures; to regulate 
 relations with the Indians; to establish post offices; to appoint 
 and commission the higher officers of the army, and all naval 
 officers; and to make rules for the government of the land and 
 naval forces. The Articles also provided for interstate rights of 
 citizenship, for the extradition of criminals, and for according full 
 faith and credit in each commonwealth to the judicial acts and 
 proceedings of all other commonwealths. For the exercise of the 
 most important of these powers the consent of nine States was 
 necessary; and all questions (with the exception of adjourning 
 from day to day) required the assent of a majority of the States. 
 
 268. Defects of the Confederation. The government 
 estabhshed by the Articles of Confederation was fatally defective 
 both in organization and in powers. The concentration _ , , ^ 
 of all governmental authority in a legislature consisting gtruoture 
 of a single house, the absolute equality in Congress of 
 all States large or small, the short term of the delegates, coupled 
 with the provision for their payment by the States and the right 
 
212 GOVERNMENT AND POLITICS 
 
 of recall, and finally the provision requiring the assent of nine 
 commonwealths for all important legislation, and the consent of 
 all for any amendment of the Articles, — these constituted most 
 serious defects in the structure of government, defects which could 
 only be remedied by a new constitution. 
 
 But the most fatal weakness of the Confederation government 
 was that the nominally large powers of Congress could not be 
 Lackol brought to bear directly upon the individual citizen, 
 
 necessary The general government could reach the individual 
 powers Qjjjy through the action of the State governments; and 
 
 it had no power to coerce a State. Congress might declare war. 
 and make requisitions upon the States for their quotas of troops; 
 but it could not enlist a single soldier. Congress might incur in- 
 debtedness, and ask the States for the sums necessary for the 
 support of government; but it could not raise a dollar by taxa- 
 tion. Congress could make treaties, but it could not compel 
 their observance by the States. In short, as one writer has said, 
 Congress could declare everything but do nothing. 
 
 269. Failure of the Confederation Government. Even 
 under the stress of war and the pressure of common dangers, the 
 Confederation government was feeble and inefficient; 
 revenue* * ^"^"^ with the return of peace it soon lapsed into a state 
 of impotence. One historian asserts that "the period 
 of five years following the peace of 1783 was the most critical 
 moment in all the history of the American people." ^ Foremost 
 among the causes which led to the breakdown of the Confedera- 
 tion was its lack of power to raise money with which to pay the 
 national debt (amounting to about $42,000,000), or even to secure 
 the funds necessary for the ordinary expenses of government. Re- 
 venue could be secured only through requisitions upon the States; 
 but in the years 1782-83, requisitions amounting to $10,000,000 
 yielded less than $1,500,000. As a result Congress could not pay 
 the large foreign debt nor even the soldiers of the Continental Army, 
 save in certificates of indebtedness. In 1783 Congress found itself 
 forced to leave Philadelphia and take refuge at Princeton, on ac- 
 count of the riotous conduct of some eighty Pennsylvania soldiers of 
 the line, who had become mutinous at their failure to receive pay. 
 
 Another serious weakness of the Confederation arose from its 
 Commerce Jack of power to regulate commerce, either foreign or 
 torelgn domestic. Each State taxed imports as it chose, with 
 
 relations the result that foreign and domestic commerce was in 
 a state of chaos. Moreover, while Congress nominally had power 
 
 * Fiske. John, The Critical Period of American History, p. 66. 
 
ORIGIN OF THE FEDERAL GOVERNMENT 213 
 
 to conclude treaties, foreign countries declined to negotiate with 
 a government powerless to compel their observance. Thus "our 
 diplomacy failed because our weakness had been proclaimed to 
 the world. We were bullied by England, insulted by France and 
 Spain, and looked askance at in Holland." ' 
 
 Within the commonwealths, industrial and commercial distress 
 everywhere abounded, and in some sections social disorders threat- 
 ened the annihilation of all government. Nearly all the 
 States were issuing worthless paper money; several ^^jj^^j 
 had passed laws impairing the obligation of contracts; 
 and finally, in Massachusetts a large portion of the debtor class 
 took up arms to prevent the holding of courts and the collection 
 of debts (Shays' Rebellion, 1786-87). Everywhere State was ar- 
 rayed against State, section against section; New England against 
 the South over the question of trade with Great Britain, the East 
 against the West on the subject of commerce with Spain and the 
 navigation of the Mississippi. 
 
 Attempts were made in 1781 and again in 1783 to amend the 
 Articles so as to confer upon Congress power to levy duties upon 
 imported goods; but each time the amendment was Attempts 
 defeated by the selfish opposition of a single State — *o amend 
 Rhode Island refusing to consent to the first proposal, ■*^"''"' 
 and New York to the second. In 1784 Congress proposed a third 
 amendment giving it power to pass commercial laws discriminat- 
 ing against foreign countries which refused to make commercial 
 treaties with the United States — a measure aimed particularly 
 at Great Britain; but to this plan several States refused assent. 
 
 By 1785 it was apparent that the Confederation was on the 
 verge of collapse. Congress had declined both in numbers and 
 character. The ablest men would no longer consent to ooUapse ol 
 serve as delegates, and it was almost impossible to se- tlie Oon- 
 cure a quorum for the transaction of business. "There 'o*"*"'"" 
 is in America no general government," reported the agent of 
 France in 1784; and the statement was almost literally true. 
 Congress was powerless to compel Great Britain to carry out 
 the provisions of the peace treaty, or to secure their observance 
 on the part of the States. The Confederation government could 
 command neither respect abroad nor obedience at home; and 
 by 1786 its break-down was so complete that it was plain that 
 the union must be strengthened, or give way to a condition of 
 anarchy and civil war. 
 
 ' Fiske, John, The Critical Period of American History, p. 15S. 
 
214 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), ch. iv. 
 Beard, C. A., American Qovernment and Politics (1910), ch. n. 
 
 Readings in American Government and Politics (1910), ch. il. 
 
 Channing, Edward, Students' Eistory of the United States (1905), chs. iv-vi. 
 Curtis, George T., Constitutional History of the United States. 
 Fiske, John, The Critical Period of American History (1888). 
 Frothingham, Richard, The Rise of the Republic of the United Stales (1872). 
 Hart, A. B., American History told by Contemporaries (1906), ii, chs. xxiii- 
 XXV, XXXIII ; III, chs. vi-rx. 
 
 Formation of the Union (1893), chs. iii-v. 
 
 Howard, G. E., Preliminaries of the Revolution (1906), chs. vii-xi, xiv-xvii. 
 McLaughlin, A. C, The Confederation and the Constitution (1906), chs. 
 
 III-XI. 
 
 Schouler, James, Constitutional Studies (1904), pp. 70-98. 
 
 History of the United States (rev. ed. 1894), I, ch. 1. 
 
 Sparks, Edwin E., The United States of America (1904), i, chs. i, IV. 
 
 Story, Joseph, Commentaries (5th ed., 1905), sees. 198-271. 
 
 Thorpe, F. N., The Constitutional History of the United States (1901), chs. 
 
 I-VIII. 
 
 Van Tyne, C. H., The American Revolution (1905), ch. xi. 
 
 QUESTIONS AND EXERCISES 
 
 1. Prepare a report upon the formation and history of the New England 
 Confederation. 
 
 2. Discuss fully the proposed union of 1754. (Frothingham, Richard, 
 Rise of the Republic of the United States; MacDonald, William, Select 
 Documents, i, 253-257.) 
 
 3. Prepare a report upon the work of the committees of correspondence. 
 
 4. Which body exercised greater authority, the Second Continental 
 Congress or the Congress under the Articles of Confederation? 
 
 6. Why is the government imder the Continental Congress called a de 
 facto government? 
 
 6. What were the causes of armed resistance to Great Britain as set 
 forth in the Declaration adopted by the Second Continental Congress? 
 (MacDonald, WilUam, Select Documents, i, 374-381.) 
 
 7. What great territorial ordinance was adopted by Congress under the 
 Articles of Confederation? 
 
 8. Describe the commercial discriminations of the States under the 
 Articles of Confederation. (Fiske, John, Critical Period of American 
 History, pp. 142-147.) 
 
CHAPTER XIX 
 
 THE FOHMATION OF THE CONSTITUTION 
 
 270. The Alexandria Conference (1783). Many events, 
 including Shays' Rebellion and the failure of the proposed im- 
 post amendment, combined to bring about the Con- 
 stitutional Convention of 1787; but the immediate "I'JfJS^, 
 cause was the effort of certain States to reach an agree- 
 ment concerning matters of navigation and commerce. Two years 
 earlier (March, 1785), commissioners appointed by Maryland 
 and Virginia had assembled at Alexandria to form an agreement 
 concerning the navigation of Chesapeake Bay and the rivers 
 common to both States. They also took up other matters of gen- 
 eral policy, recommending to the two States uniformity of com- 
 mercial regulations and a uniform currency. The conmiissioners 
 realized that the consent of the other commonwealths was neces- 
 sary in order to make these recommendations effective; and the 
 assemblies of Maryland and Virginia accordingly proposed that 
 commissioners from all the States be invited to meet in a general 
 convention for the purpose of adopting uniform commercial reg- 
 ulations. 
 
 271. The Annapolis Convention (1786). In response to 
 the invitation of Virginia, twelve commissioners representing 
 five States ^ — New York, New Jersey, Pennsylvania, Delaware, 
 and Virginia — convened at Annapolis in September, 1786. The 
 commissioners saw clearly that no important results could be ac- 
 complished unless more States were represented ; and they realized 
 that the subject of commerce was intimately connected with 
 other matters likewise in need of adjustment. 
 
 Accordingly, the convention adopted a report, probably drawn 
 by Hamilton, recommending that a general convention be held 
 at Philadelphia on the second Monday of May, 1787, ^^^^ j^^ 
 "to take into consideration the situation of the United oonstUn- 
 States," and to devise the measures "necessary to Uonaloon- 
 render the constitution of the federal government ade- 
 quate to the exigencies of the Union." This report was addressed 
 
 > Nine States' had selected commissioneis, but only those from five States attended. 
 
216 GOVERNMENT AND POLITICS 
 
 to the legislatures of the five States represented, and copies were 
 also sent to Congress and to the executives of the other eight 
 commonwealths. Congress hesitated for some time to indorse 
 the recommendation for a convention; but at length, after several 
 States had appointed delegates, adopted a resolution (Febru- 
 ary 21, 1787), declaring the desirability of calling a convention 
 on the second Monday of the following May, "for the sole and 
 express purpose of revising the Articles of Confederation." 
 
 272. The Constitutional Convention (1787). All the States 
 except Rhode Island were represented in the Constitu- 
 Personnei tional Convention, which held its sessions at Phil- 
 oftto adelphia from May 25 to September 17, 1787. 
 
 Fifty-five delegates were at one time or another 
 in attendance, 1 including many of the ablest leaders and 
 statesmen of the day. Of these nine had been signers of the 
 Declaration of Independence; while all except twelve had 
 served at some time in Congress, and eighteen were then 
 members. Prominent among the delegates were George 
 Washington, Benjamin Franklin, James Madison, Edmund 
 Randolph, Alexander Hamilton, James Wilson, Gouver- 
 neur Morris, William Paterson, Elbridge Gerry, Roger 
 Sherman, Oliver Ellsworth, John Dickinson, Luther Martin, 
 Charles Pinckney, Charles Cotesworth Pinckney, and 
 others of less note, but representing the best talent and 
 thought of the country. 
 
 273. Organization. The date of the convention had been 
 originally fixed at May 14, 1787, but it was not until 
 Officers ana May 25 that delegates from a majority of the 
 PTocsdirre States were present. On this date an organization 
 was effected by unanimously choosing George Washington as 
 president, and William Jackson, secretary. It was decided 
 that the convention should sit behind closed doors, and 
 that all of its proceedings should be kept secret. As in 
 the Confederation Congress, each State was to have one 
 vote; and seven States were to constitute a quorum. 
 
 274. The Contest over Nationalism. The business of the 
 
 * In all, sixty-two delegates had been appointed. 
 
THE FORMATION OF THE CONSTITUTION 217 
 
 convention commenced on May 29, when Edmimd Ran- 
 dolph presented the so-called "Virginia plan" Thevir- 
 drafted by James Madison — the plan of gov- ^'°** "^"^ 
 ernment which was destined to form the basis of the con- 
 stitution. The fundamental feature of this plan was, that 
 it aimed to create a national government, consisting of 
 legislative, executive, and judicial departments; and this 
 government was to operate directly upon individuals, in- 
 stead of upon the several States. Representation in both 
 branches of the national legislature was to be proportioned 
 either to the quotas of contributions by each State, or to 
 the number of free inhabitants. The national legislative 
 power was to extend to all matters concerning which the 
 commonwealths separately were incompetent to legislate; 
 that is, where individual State legislation would be incon- 
 sistent with the public good. Fmi;hermore, the national 
 legislature was to have the important power of vetoing 
 any State laws contravening the national constitution, or 
 any treaty made by the national government. Thus the Vir- 
 ginia plan contemplated the abandonment of the Articles 
 of Confederation, and the establishment of a vigorous and 
 efficient national government. 
 
 Many members, especially the delegates from the smaller 
 commonwealths, were opposed to the establishment of 
 such a government. They wished only to revise new Jersey 
 the Articles of Confederation, leaving the States '^™ 
 sovereign as before in most practical concerns. They pro- 
 posed to give Congress additional powers over commerce 
 and revenue, and to establish a federal executive and a 
 system of national courts; but they desired to reserve to 
 the States all other powers not expressly delegated. The 
 views of these delegates were embodied in resolutions 
 submitted to the convention by William Paterson of New 
 Jersey, and known as the New Jersey plan.* 
 
 1 Tw^ other plans were presented to the convention — one drawn by Charles Finekney-, 
 the other by Alexander Hamilton. 
 
218 GOVERNMENT AND POLITICS 
 
 275. The Great Compromise. In the debates that en- 
 sued, the question which aroused earnest and at times bit- 
 Pioportioiua ^^^ discussion was that of representation accord- 
 representa- ing to population in both branches of the national 
 
 legislature. Small commonwealths Kke Connecti- 
 cut and New Jersey feared that proportional representa- 
 tion would mean that the national government would be 
 dominated by the large States. On the other hand, dele- 
 gates from the large commonwealths claimed that population 
 was the only just basis for representation, and that it was 
 unfair for the forty thousand people of Delaware to have 
 the same voice in the national council as the half-million 
 people of Virginia. This dispute marked the most critical 
 period in the proceedings, and for a time it seemed that 
 the convention was on the point of being dissolved. The 
 crisis was finally averted by a compromise introduced 
 by Sherman of Connecticut providing that representation 
 in the lower house should be proportioned to population, 
 and that this branch should have the exclusive right to 
 originate revenue bills; while in the upper house the States 
 were to be equally represented. To this the large Spates 
 reluctantly agreed, and the first great compromise of the 
 constitution was efiFected. Assured of an equal voice in 
 the upper house of the legislature, the small States were no 
 longer opposed to the establishment of a strong national 
 government; and from this point on the proceedings were 
 more harmonious. 
 
 276. The Three-Fifths Compromise. Another import- 
 ant compromise was over the question of representation 
 Thoiiasisoi ^^ *^® lower house; here the line of division was 
 repreaenta- between the slaveholding and the non-slavehold- 
 
 ing States. A considerable part of the population 
 of the Southern States consisted of slaves, and the delegates 
 from these commonwealths insisted that slaves should be 
 counted m apportioning their quotas of Representatives; 
 while the Northern delegates insisted that if the slaves 
 
THE FORMATION OF THE CONSTITUTION 21* 
 
 were property, they could not be counted as persons. It 
 had already been decided that direct taxes were to be ap- 
 portioned upon the same basis as Representatives; and this 
 dispute was finally compromised by the adoption of the 
 three-fifths rule,' according to which five slaves were to 
 be counted as the equivalent of three white persons for the 
 purpose of apportioning both Representatives and direct 
 taxes. This compromise proved in the outcome a distinct 
 advantage to the South; for direct taxes were levied only 
 five times prior to the Civil War, while during this entire 
 period the South by virtue of its slave population had the 
 benefit of a largely increased representation in Congress. 
 
 277. Navigation Acts and the Slave Trade. A third 
 compromise also had its basis in the difference between 
 the occupations and domestic institutions of the OommeroUl 
 North and the South. Commerce and shipbuild- ^u^g"' 
 ing were the chief industries of New England; interests 
 while at the South, agriculture carried on by slave labor 
 was practically the sole occupation. The commercial States 
 desired regulation of commerce by the national government 
 in order that American commerce and shipping might be 
 protected from foreign discrimination; but certain slave- 
 holding States — especially South Carolina — feared that 
 unless a two-thirds vote was required to pass laws relating 
 to commerce, the national government might tax or even 
 entirely prohibit the slave trade. The South also feared 
 that Congress might tax exports, thus laying a heavy bur- 
 den upon its agriculture staples. The problem was finally 
 solved by vesting in Congress power to regulate commerce 
 by a majority vote, but forbidding the enactment of any 
 law prohibiting the importation of slaves prior to 1808 (al- 
 though a per capita tax of ten dollars might be levied upon 
 each slave imported).^ The taxation of exports by the 
 States or by Congress was absolutely forbidden. 
 
 1 The three-fifths ratio had been suggested by the Confederation Congress four years 
 before. It had proposed that in apportioning the amount to be paid by the respective Statesi 
 three fifths of the slaves should be counted. 
 
 ■ As part of this arrangement it was agreed that slaves escaping from one State to 
 aoother should be returned to their owners. 
 
320 GOVERNMENT AND POLITICS 
 
 278. Other Compromises and Modifications. Many other 
 adjustments were found necessary in order to settle con- 
 EieoUon flicting views among the delegates, so that it may 
 and term of indeed be said that the constitution is made up of 
 a series of compromises. By one of these the elec- 
 tion of the President was entrusted to the electoral college, 
 and by another the presidential term was fixed at four years 
 instead of seven. The resolutions offered by Randolph 
 formed the framework of the constitution; but with these 
 were incorporated six provisions from the New Jersey 
 plan, together with perhaps twenty suggestions emanating 
 from Pinckney. 
 
 One modification of the original Virginia plan is espe- 
 cially important, namely, the rejection of the proposal to 
 Oonstitntion confer upon the general government the right to 
 damentao'" negative State laws. In its place was substituted 
 ^^ a clause from the New Jersey plan declaring the 
 
 national constitution, laws, and treaties to be the supreme 
 law of the land, binding upon the judges in every State, 
 "anything in the constitution or laws of any State to the 
 contrary notwithstanding." ^ This provision lessened the 
 danger of a clash between federal and State governments; 
 for the decision in case of a conflict of laws is made a judi- 
 cial, rather than a political question. Since the federal 
 constitution is the fundamental law of the land, all other 
 laws must conform thereto; and the constitution, like other 
 laws, is enforceable in the courts. The federal judiciary 
 has jurisdiction over all cases arising under the federal 
 constitution, laws, and treaties; and therefore has the final 
 decision on all questions of constitutional interpretation. 
 No other single provision of the constitution has worked 
 more successfully in practice, or received more praise from 
 foreign critics. This clause has made our government es- 
 sentially one of law, rather than a government of men — 
 thus ending the struggle commenced by the English barons 
 against King John at Runny mede. 
 
 I CnnaiHtdinn^ Art. VI. Par. %. 
 
THE FORMATION OF THE CONSTITUTION 221 
 
 279. Sources of the Constitution. The federal constitu- 
 tion has been characterized by a great British statesman ' 
 as "the most wonderful work ever struck ofiF at Anadapta- 
 a given time by the brain and purpose of man"; lo^ expert-' 
 and for many years the generally accepted theory ^'"'^ 
 was, that a great part of our constitution was invented by 
 the convention of 1787. Historical research has since 
 shown that nearly every provision of the federal consti- 
 tution had its origin in British or colonial precedents. 
 The great achievement of the federal convention was in 
 its skillful adaptation of former political experience to 
 existing conditions. The British constitution, and still 
 more, the colonial charters and State constitutions, furn- 
 ished precedents of the highest value. By carefully work- 
 ing over the materials of old forms, rejecting that which 
 had been tried and found wanting, moulding together 
 familiar features that had proven valuable, a constitution 
 was framed which is essentially a work of adaptation, en- 
 largement, and emphasis, rather than one of creation. 
 This very fact is the greatest tribute to the far-sighted crafts- 
 men of the federal convention; for if the new instrument 
 of government had not been deeply rooted in the political 
 experience of the race, it would not have outlived the con- 
 stitutions of so many European states, surviving the po- 
 litical and economic changes of more than a century, and 
 meeting the supreme tests of foreign invasion and of civil 
 war. 
 
 280. Completion of the Convention's Work. On Sep- 
 tember 8, the provisions of the constitution already agreed 
 upon were sent to a committee of revision. A pj^^^^ 
 prominent member of this committee was Gou- 
 verneur Morris, to whose pen is due the lucid style and 
 orderly arrangement of the instrument. Four days later 
 the constitution came back for final consideration and re- 
 vision, and after a few minor changes it was completed 
 
 ' Gladstone, In North American Bmiew, cxxvn, p. 184. 
 
222 GOVERNMENT AND POLITICS 
 
 September 17, 1787. Several delegates had meanwhile 
 left the convention, and only forty-two of the fifty-five 
 members were present. Of these, thirty-nine signed the 
 constitution, and Washington as president of the conven- 
 tion was authorized to transmit the document to the Con- 
 gress of the Confederation, with the recommendation that 
 the question of its adoption be submitted to conventions 
 of delegates chosen by the people of the several States. 
 Thereupon the convention adjourned, and the great ques- 
 tion of ratification was before the people for decision. 
 
 281. Ratification. Immediately upon publication of the new 
 constitution, the contest over ratification commenced. In the 
 - . . ranks of the opposition were some of the greatest names 
 
 of the Revolutionary period. In Virginia the opposi- 
 tion was led by Patrick Henry, who feared that the constitution 
 would lead to the annihilation of the States, and the destruction 
 of the liberties of the people; and he was ably supported by 
 Richard Henry Lee, George Mason, and James Monroe. In New 
 York, the new plan of government was bitterly opposed by George 
 Clinton, then governor of the State, and also by Robert Yates 
 and John Lansing, delegates who had left the Constitutional 
 Convention when the vote was announced committing that body 
 to a new constitution. Among the opponents of the constitution 
 were many who conscientiously believed that its provisions 
 threatened the welfare and even the existence of the States; as 
 well as a considerable number of politicians who feared that their 
 influence would be diminished by the establishment of a new fed- 
 eral government. Also arrayed against the constitution was a 
 considerable class opposed to the establishment of any govern- 
 ment with power to protect property, to enforce the discharge 
 of public and private debts, and to prevent further issues of dis- 
 honest paper money. 
 
 The Federalists, as the supporters of the new constitution 
 styled themselves, included the great majority of the professional 
 Snpporters classes, as well as the property-holders, merchants, and 
 olthe conservatives, who welcomed the prospect of a strong 
 
 oonstltutlon national government. In Virginia the prominent sup- 
 porters of the constitution were James Madison and Edmund 
 Randolph, aided by John Marshall, later the greatest chief just- 
 ice in our history; and the potent influence of Washington was 
 
THE FORMATION OF THE CONSTITUTION 223 
 
 also exerted in its behalf. In New York the foremost Federalist 
 was Alexander Hamilton, ably seconded by John Jay. 
 
 The press of the day abounded in publications designed to in- 
 fluence public opinion favorably or otherwise concerning the new 
 constitution. The most noteworthy of these publica- 
 tions consists of a collection of essays which are now piaaiaUst 
 published under the title of "The Federalist." These 
 essays, eighty-five in number, were designed especially to gain sup- 
 porters to the new constitution in the close State of New York. 
 They were written by Madison, Hamilton, and Jay, and published 
 in a New York newspaper under the common signature of "Pub- 
 lius." Even at this day "The Federalist" remains the greatest 
 commentary upon the constitution ever written.' 
 
 The most important of the anti-federalist publications were 
 styled "Letters of a Federal Farmer," the authorship of which is 
 ascribed to Richard Henry Lee of Virginia. 
 
 The Delaware convention was the first to accept the new con- 
 stitution, and its ratification was prompt and unanimous (Dec. 6, 
 1787). In Pennsylvania the influence of Wilson and ioUon 
 Franklin secured ratification by a vote of forty-six to ol State 
 twenty-three. New Jersey, Georgia, and Connecticut o™'™"'"'* 
 followed. Massachusetts, after a sharp struggle, ratified by a vote 
 of one hundred and eighty-seven to one hundred and sixty-eight. 
 Maryland and South Carolina followed, increasing the number 
 of ratifications to eight; so that if one more State could be ob- 
 tained, the constitution would take effect among the nine thus 
 ratifying. While a protracted contest was being waged in the New 
 York and Virginia conventions, New Hampshire ratified, and the 
 fate of the constitution was no longer in doubt. Virginia next 
 ratified by a plurality of ten. In New York, ratification was fin- 
 ally wrested from a hostile convention by the splendid leadership 
 of Hamilton; and by a vote of thirty to twenty-seven. New York 
 accepted the constitution (July, 1788). 
 
 The first North Carolina convention by a close vote refused 
 either to ratify or reject the constitution; and this State did 
 
 not come into the Union until November, 1789, after „.^^ „ 
 
 the new government had been some months m opera- una and 
 tion. Rhode Island did not accept the constitution Ri""i8 
 until May, 1790, her ratification being hastened by 
 the fact that Congress in fixing duties upon imports treated this 
 commonwealth as foreign territory. 
 
 After nine States had ratified, the Congress of the Confedera- 
 
 > Of these essays, Jay wrote five; while Madison was probably the author of twenty-niBe, 
 and Hamilton of fifty-one. 
 
224 GOVERNMENT AND POLITICS 
 
 tion adopted a resolution fixing the first Wednesday in March 
 New gov- as the date of the inauguration of the new government, 
 •mment In As the first Wednesday was the fourth of March, that 
 existence j^^^^ became fixed for the beginning and the end of the 
 presidential and congressional terms. The city of New York was 
 named as the temporary seat of government. After some delay, 
 owing to the fact that a quorum was not present in either branch, 
 the two houses assembled on April 6, 1789, for the purpose of 
 counting the electoral vote. It was found that Washington was 
 the unanimous choice for President, and John Adams with one 
 half the electoral votes became Vice-President. On April 30, 
 Washington was inaugurated, and the new government was 
 fully established. 
 
 GENERAL REFERENCES 
 
 Bancroft, George, History of the United States (1883-1885), vi, 195-474. 
 Beard, C. A., American Government and Politics (1910), ch. m. 
 
 Readings in American Government and Politics (1910), ch. ni. 
 
 Cambridge Modem History (1903), vii, pp. 243-304. 
 
 Curtis, George T., Constitutional History of the United States (1903), i, 
 
 pp. 225-256. 
 Elliot, Jonathan, The Debates in the Several State Conventions, on the Adop- 
 tion of the Federal Constitution (1836-1845), v. 
 Farrand, Max, "Compromises of the Constitution," Am,erican Historical 
 
 Review, ix, pp. 479-489. 
 Fiske, John, The Critical Period of American History (1888), chs. vi-vn. 
 Foster, Roger, Commentaries on the Constitution of the United States (1895), 
 
 I, 1^5. 
 Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, H. C, 1904). 
 Hart, A. B., American History told by Contemporaries (1906), in, chs. 
 
 9-12. 
 Hoist, Hermann E. von. Constitutional and Political History of the United 
 
 States (1889), i, pp. 47-59. 
 Landon, Judson S., The Constitutional History and Government of the 
 
 United States (1905), pp. 65-124. 
 McLaughlin, A. C, The Confederation and the Constitution (1905), chs. 
 
 XI-XVIII. 
 
 McMaster, John B., History of the People of the United States (1907), i, 
 pp. 390H153. 
 
 Robinson, James H., "The Original and Derived Features of the Consti- 
 tution," Annals of American Academy of Political and Social Science, 
 I, 203-243. 
 
 Schouler, James, History of the United States (1894), i, ch. i. 
 
 Sparks, Edwin E., The United States of America (1904), i, chs. v-vi. 
 
 Stevens, Charles E., Sources of the Constitution of the tlnited States consid- 
 ered in its Relation to Colonial and English History (1894). 
 
 Story, Joseph, Commentaries on the Constitution of the United States (Sth 
 ed., 1905), I, sees. 272-305. 
 
THE FORMATION OF THE CONSTITUTION 22S 
 
 Thorpe, Francis N., The Conatitutional History of the United States (1901), 
 
 I, 291-595. 
 Tucker, John R., The Constitution of the United States (1899), i, 326-337. 
 Winsor, Justin, Narrative and Critical History of America (1888), vii, pp. 
 
 226-257. 
 
 QUESTIONS AND EXERCISES 
 
 1. Discuss the reasons which made a new constitution imperative. (The 
 Federalist, nos. xv, xvi, xxi, xxii.) 
 
 2. In what respect was it fortunate that the Articles of Confederation 
 could not be readily amended? 
 
 3. Discuss the efiforts to amend the Articles of Confederation. (Kaye, 
 P. L., Readings, pp. 39-44.) 
 
 4. Mention an important pubUc service performed by each of the dele- 
 gates named in Section 272. 
 
 5. Which were the "small States" at the time of the Constitutional 
 Convention? 
 
 6. Compare the New Jersey plan with the Articles of Confederation. 
 In what respects was the New Jersey plan an improvement? (Madi- 
 son, Debates, pp. 163-167.) 
 
 7. Compare the Virginia plan with the federal constitution, noting 
 which features of the Virginia plan were adopted and which ones 
 eliminated. (Madison, Debates, pp. 59-64.) 
 
 8. Explain how the constitution corrected the chief defects of the gov- 
 ernment under the Articles of Confederation. 
 
 9. Was the compromise on the subject of representation an equitable one? 
 
 10. Prepare a report upon the several plans proposed in the convention 
 for electing the President. 
 
 11. Point out analogies between our constitution and that of Great Britain; 
 between the federal constitution and the early State constitutions. 
 
 12. Discuss the work of the Committee on Detail. (Madison, DebaUa, 
 pp. 449-462.) 
 
 13. Prepare a report upon the contest over ratification. (Landon, J. S.. 
 ConstUvtional History of the United States, pp. 89-124.) 
 
CHAPTER XX 
 
 THE AMENDMENT AND DEVELOPMENT OF THE 
 CONSTITUTION 
 
 282. Modification of the Original Constitution. The 
 federal constitution as it exists to-day differs little in form 
 AnnndiMiit, from the instrument framed in 1787; but in reality 
 Uon!^4*" the original constitution has been modified so as 
 ^^' to keep pace with the great social and industrial 
 changes of the last century. This modification has been 
 effected in three ways: (1) by amendment, in accordance 
 with the method provided in the instrument itself; (2) by 
 interpretation, that is, the construction placed upon its 
 terms by the three departments of government, especially 
 the judiciary; (S) by the development of a body of political 
 usages and customs,^ which, although not in conflict with 
 its terms, materially modify its spirit and workings. 
 
 283. Process of Constitutional Amendment. Of these 
 
 three ways of modifying the constitution, that by amend- 
 
 „ , ment is the most direct and effective, but also the 
 
 Proposal 
 
 and rati- most difficult of application. Article V of the 
 constitution provides two methods by which 
 amendments may be proposed: first, by a vote of two 
 thirds of each house of Congress; ^ or second, by a con- 
 vention called by Congress on application of the legis- 
 latures of two thirds of the States. Amendments proposed 
 by either method must be ratified by three fourths of the 
 States. This ratification may be made either by the State 
 legislatures, or by special State conventions, according 
 as Congress proposes the one or the other mode of rati- 
 fication. Thus far seventeen amendments have been made 
 
 1 Sometimes called the "conventions'' of the constitution. 
 
 s The President's approval is not necessary to a proposed coostitutioQal amendment. 
 
DEVELOPMENT OF THE CONSTITUTION 227 
 
 to the constitution, all of which have been proposed by 
 Congress and ratified by the State legislatures. 
 
 284. The Bill of Rights. In the contest over the ratifica- 
 tion of the constitution, one of the objections most fre- 
 quently heard was the lack of a bill of rights guar- Purposs 
 anteeing the liberties of the individual, as well as "'^ '°°'* 
 the rights of the States, against federal oppression. Accord- 
 ingly, at its first session in 1789, Congress prepared and 
 submitted to the States twelve amendments placing express 
 limitations upon the powers of the federal government. Ten 
 of these were ratified by the requisite number of States, 
 thereby becoming a part of the constitution (1791). Of 
 these amendments, the first eight are designed to guarantee 
 to individuals certain fundamental rights concerning which 
 the constitution itself makes no provision. The ninth and 
 tenth amendments confirm the principle that the govern- 
 ment of the United States is one of enumerated powers, 
 those powers not conferred by the constitution being re- 
 served to the States or to the people. 
 
 285. The Eleventh Amendment. The eleventh amend- 
 ment was adopted in 1798, in consequence of the decision of 
 the United States Supreme Court ^ that a State Federal 
 like an individual was liable to be sued in a federal l"'*"""*'''" 
 court by a citizen of another State or of a foreign country. 
 The eleventh amendment reversed this construction by 
 providing that the federal judicial power should not be 
 construed to extend to any suit against a State by citizens 
 of another State or foreign country. 
 
 286. The Twelfth Amendment. The twelfth amend- 
 ment introduced a change in the method of electing the 
 President and Vice-President, and was adopted in piesiaentiai 
 consequence of the election of 1800. The original o^*"^*"^ 
 section of the constitution provided that electors were to 
 cast their ballots for two persons without specifying which 
 should be President and which Vice-President. The influ- 
 
 > Chisholm v. Georgia, 2 Dall. 419. 
 
228 GOVERNMENT AND POLITICS 
 
 ence of the party system made it necessary to modify this 
 provision, so that the electors could designate explicitly 
 their choice for each office; for otherwise a tie vote might 
 result. Accordingly the twelfth amendment, adopted in 
 1804, provided that the electors should cast separate ballots 
 for each officer. 
 
 287. Amendments since the Civil War. The reconstruc- 
 tion amendments (the thirteenth, fourteenth, and fifteenth) 
 Slavery ^^""^ added to the constitution in consequence of 
 ciuzensMp, the Civil War. The thirteenth amendment abol- 
 ished slavery throughout the United States and 
 
 all places subject to its jurisdiction. The fourteenth defines 
 citizenship, and seeks to prevent the States from discrim- 
 inating against certain classes of citizens. The fifteenth 
 declares that the right of citizens of the United States to 
 vote shall not be denied or abridged on account of race, 
 color, or previous condition of servitude. 
 
 During the Civil War the federal government taxed 
 incomes, but in 1895 the power of Congress to levy a similar 
 
 tax was denied by the Supreme Court. Hence a 
 Income tax ... 
 
 constitutional amendment was necessary, in order 
 
 that Congress might exercise this power. Accordingly, 
 the sixteenth amendment was added to the constitution 
 in 1913, directly authorizing Congress to tax incomes. 
 
 The seventeenth amendment (adopted in 1913) changes 
 the method of electing United States Senators. Prior to its 
 Election oi adoption. Senators were chosen by the legislatures 
 Senators ^f ^^^^ respective States. The seventeenth 
 amendment provides that they shall be elected directly by 
 the voters of each State. 
 
 288. Constitutional Changes throUgh Interpretation. 
 The constitution has also been modified and expanded 
 inHuenoe of through interpretation, especially through the 
 Judiciary construction placed upon its terms by the United 
 States Supreme Court. The importance of this tribunal in 
 the development of the federal constitution can hardly be 
 
DEVELOPMENT OF THE CONSTITUTION «29 
 
 overestimated. "The constitution speaks of the age in 
 which it was written, more than a centiuy ago. The court 
 expounds it in the language of its own age, holding fast' to 
 the old words and powers, but expanding them to keep pace 
 with the expansion of our country, our people, our enter- 
 prises, industries, and civilization. Great controversies arise 
 over' questions and conditions impossible for the framers 
 of the constitution to have anticipated. What would they 
 have thought, if one had asked them whether a State law 
 regulating the transmission or taxation of telegraphic mes- 
 sages would be unconstitutional, because encroaching upon 
 the power of Congress to regulate commerce among the 
 States? Plainly, a constitution made a century ago might 
 well be expected to prove inadequate to the wants of the 
 ever increasing population of the United States. That such 
 is not the case is remarkable evidence of its wisdom, and 
 also of the wisdom of its exposition." ^ 
 
 289. The Doctrine of Implied Powers. In the inters 
 pretation and expansion of the constitution, the doctrine 
 of implied powers has been of the utmost import- Basu oi im- 
 ance. The Supreme Court has uniformly held vUMvo^tn 
 that the federal government possesses not only the powers 
 expressly granted in the constitution, but also those which 
 are included within, or necessarily implied from, powers 
 expressly granted. In other words, where it appears that 
 a power has been granted to the federal government, the 
 constitution is to be liberally construed so as to give ef- 
 fect to the grant. ^ This construction is authorized by the 
 constitution itself, which declares that Congress shall 
 have power to make all laws which shall be "necessary 
 and proper" for carrying into execution the powers con- 
 ferred upon the federal government.* 
 
 290. Chief Sources of Implied Powers. The doctrine of 
 implied powers has been developed chiefly in connection with three 
 
 I Landon, J. S., The ComtUtitimal HUtory and Oovemmaii of the United Statet, p. 273. 
 > For the rule of construction, see Section 299. 
 • Coiutitutim, Art. I, Sec. 8, Far. 18. 
 
«30 GOVERNMENT AND POLITICS 
 
 express powers: the taxing and borrowing power, the power to 
 Tazing and regulate foreign*and interstate commerce, and the war 
 boiTowing power. The Supreme Court has held that under the tax- 
 powns jjjg g^jjjj borrowing power, Congress may charter a 
 
 federal bank and exempt its notes from State taxation; or create 
 a system of national banks, and levy a prohibitive tax upon the 
 issues of State banks; or issue paper money and make it a legal 
 tender for all debts; or establish a tariff system not only- as a 
 means of obtaining revenue, but for the purpose of protecting 
 domestic industries against foreign competition. 
 
 Similarly, the power to regulate commerce has been held to 
 authorize legislation concerning navigation, pilotage, and mari- 
 time contracts; regulating the transportation of goods 
 jowct"° ^^'^ passengers between the States of the Union, or be- 
 tween the United States and foreign countries; restrict- 
 ing or prohibiting immigration; establishing an Interstate Com- 
 merce Commission with large powers of control over interstate 
 traflSc; and providing for the construction of public works in aid 
 of commerce. 
 
 The war power has proven one of the most elastic of constitu- 
 tional powers. The embargo declared by Congress during Jef- 
 ferson's administration (although never passed upon by 
 pow*r ^^® Supreme Court) was probably justifiable as a war 
 
 measure. Further, under the war power, territory may 
 be acquired and governed in accordance with the laws of Congress, 
 as in case of the territory ceded at the close of the Mexican and 
 Spanish-American wars.^ The most striking illustration of the 
 scope of the war power was during our great Civil War, when 
 President Lincoln exercised almost despotic powers with the 
 sanction of Congress and the nation. 
 
 291. Constitutional Changes through Usage. Our con- 
 stitution has also been largely developed and modified by 
 innnenc* usage, that is, by long-continued customs, rules, 
 oi usage g^jjj political practices, which have sprung up in 
 connection with the constitution. These usages or customs 
 are not laws, since they are not recognized or enforced 
 by the courts; but they have almost the force of law, and 
 often materially modify the spirit and workings of the 
 written constitution. 
 
 * Territory may also be acquired uoder the treaty-makiDg power; e. g., the purchase 
 o{ Louisiana, the Gadsden purchase, and the purchase of Alaska. 
 
DEVELOPMENT OF THE CONSTITUTION 831 
 
 292. Influence of Usage upon the Executive. One of 
 the most important of these usages or understandings has 
 entirely changed the position of the presidential pr»iio»iitiai 
 electors. The framers of the constitution in- »i"^" 
 tended that the electors should exercise a wise discretion 
 in choosing the chief executive. In the first two presidential 
 elections this intention was realized; but since 1800 it has 
 been clearly understood that the electors shall not exer- 
 cise independent judgment, but shall merely ratify the 
 choice of the political party to which they belong. No law 
 prevents an elector from voting contrary to the wishes of 
 those who elect him, but such an act would be deemed a 
 most serious breach of public trust. In this way the electoral 
 system as originally planned has been entirely superseded 
 by a usage or understanding requiring electors merely to 
 register the vote of their party. 
 
 Another unwritten rule having almost equal weight is that 
 limiting the reeligibility of the President. The constitution places 
 no restriction whatever on his reeligibility, and " The Rggugibii. 
 Federalist"' declared that the President would and Ityol Pre- 
 ought to be elected as often as the people deemed him "*™* 
 worthy of confidence. Washington declined a third term, partly 
 on the ground that unlimited reeligibility is not in harmony with 
 republican institutions. The example thus set was followed by 
 Jefferson, and public opinion has indorsed the precedent so strongly 
 that it is now unwritten law that a President may not serve more 
 than two terms. 
 
 The President's power of appointment has likewise been largely 
 modified through certain usages. In the case of important appoint- 
 ments,' the President is generally obliged by custom 
 to confer with the Senators and Representatives from appointment 
 the State where the appointee lives. In other words. 
 Senators (if of the same political party as the President) claim 
 the right to control the federal patronage of their respective States. 
 The written constitution vests the appointing power in the Pre- 
 sident; but the unwritten rule of political practice has transferred 
 a large part of this power to the Senate. 
 
 Another important constitutional understanding is that with 
 
 > flu Federalist, no. LZTin. 
 
 ' Except cabinet ftppointmeats, which are generally confirmed oa a matter of course. 
 
232 GOVERNMENT AND POLITICS 
 
 reference to the President's power of removal. The constitution 
 makes no provision for removals except through the 
 i^Val process of impeachment; and the question early arose 
 whether the consent of the Senate was necessary to the 
 removal of officers appointed with the consent of that body. The 
 First Congress adopted the view that the power of removal belongs 
 to the President alone, and this is now the settled rule upon this 
 subject. 
 
 Usage has likewise created the President's cabinet, an institu- 
 tion unknown to the written constitution."^ Custom alone has 
 
 v. * determined that in addition to their duties as admin- 
 TJ16 oaDlnfit ^.1111^1 * i- 
 
 istrative omcials, the heads of the various executive 
 
 departments shall meet with the President as an advisory board, 
 
 popularly known as the cabinet. 
 
 293. Usages affecting Congress. Congress, as well as the 
 federal executive, has been affected by important usages. 
 The commit- Foremost among these is the committee system 
 tee system ^f legislation, which prevails in both branches of 
 Congress. The committee system is entirely an outgrowth 
 of custom, with no basis whatever in the written constitu- 
 tion; but it affects profoundly the character and work of 
 the federal lawmaking body. 
 
 The great political power of the Speaker of the House 
 of Representatives is likewise due solely to usage. The con- 
 stitution contemplates merely a. presiding officer or moder- 
 
 -.,.-._ ator, like the President of the Senate; but political 
 The Speaker . 
 
 practice has decreed that the Speaker, through his 
 control over debate and his position as a party leader, shall 
 wield more influence in government than any other man 
 except the President. 
 
 An almost unvarying custom has added an additional 
 Resiienoe oi qualification to those prescribed by the constitu- 
 Hepiesenu- tion for Representative. This is the imwritten 
 
 rule requiring residence within the district 
 which he represents, as well as residence within the State. 
 
 > The only reference to this subject is the clause providing that "the Preaident Quy 
 require the opinion in writing of the principal officer in each of the executive departments 
 apon any subject relating to the duties of their respective offices." — CorutUtUiont Art. 11. 
 Sec. «, Par. 1. 
 
DEVELOPMENT OF THE CONSTITUTION 238 
 
 294. Constitutional Modifications through the Party 
 System. The development of the constitution has been 
 profoundly affected by our system of poUtieal Party 
 parties. Although parties have grown up inde- "*«•• 
 pendently of the constitution and are nowhere contem- 
 plated by its provisions, it is through the party system that 
 the machinery of government is carried on. Thus through 
 the agency of parties the Presidency has been made a re- 
 presentative institution, the candidates for that ofiBce being 
 chosen in party conventions, and voted for by electors 
 who merely register the choice of the voters. The influ- 
 ence of the party system has also contributed largely to 
 the importance of the Speakership; and partisan motives 
 determine the composition of congressional committees, 
 and profoundly affect legislation. Managing committees, 
 local, State, and national, the party convention and the 
 party caucus — in short, all the machinery of the party 
 system — have long been fully established as part of the 
 imwritten constitution. These and other usages form an 
 integral part of our constitutional system; so that it may 
 indeed be said that the written constitution provides only 
 the skeleton of government, which custom and usage have 
 transformed into a living organism. 
 
 (SENERAL REFERENCES 
 
 Ames, H. V., "Amendments to the Constitution" (1891), Ainerican Hit- 
 
 iorical Association Papers, v, 253-263. 
 Ashley, R. L., American OovemmerU (1903), ch. xix. 
 Beard, C. A., American OovemmerU and Politics (1910), ch. iv. 
 
 — Readings in American Government and Politics (1910), ch. rv. 
 
 Black, H. C, Handbook of American Constittitioncd Law (1897), pp. 41-45. 
 Borgeaud, C, Adoption and Amendment of Constitutions (1895), pts. i, in. 
 Bryce, James, The American Commonwealth (1907), i, chs. xxxi-xxxv. 
 Burgess, John W., Politieal Science and Comparative Constitutional Law 
 
 (1902), I, pp. 142-154, 184-252. 
 Cooley, Thomas M., Constitutional Law (1898), ch. xn. 
 Hamilton, Alexander, "Opinion on the Constitutionality of a National 
 
 Bank" (Macdonald's Select Documents, 11, pp. 81-98). 
 Hinsdale, B. A., American Government (1900), xlvii-xlviii. 
 Lalor, J. J., Cyclopedia, articles on "Amendment, Constitution" (U. S.). 
 
234 GOVEENMENT AND POUTICS 
 
 London, J. S., The ConatUuiional Hittory and Gmemment of the United 
 
 Statm (1908), ch. iv. 
 Reinich, P. S., Readings on the Amerioan federal Government (1909), di. xv. 
 Schouler, James, Comtitvtional Studiet (1904), pp. 190-203. 
 Story, Joseph, Commeniariee on the CousUtuiion (5th ed. 1905), sees. 
 
 1857-1909, 1915-1974. 
 Tiedemann, C. G., The Unwritten Constitution of the Uniitd Stolei (1890). 
 Tucker, John R., The Constitution of the UniUd States (1899), ii, ch. xi. 
 Woodbum, J. A., The American Republic and its Ooternmeni (1908), pp. 
 
 86-93, 122, 274, 891. 
 
 QUESTIONS AKD EXERCISES 
 
 1. Mention some of the principal constitutional amendments which have 
 been proposed but not ratified. 
 
 2. What amendments were recently submitted to the States by Congress? 
 By how many States did these amendments have to be ratified in order 
 to become effective? 
 
 8. Is the process of amending the federal constitution too difficult? 
 
 Give your reasons. 
 4. Contrast the process of amending our constitution with the method 
 
 of amending the British constitution. 
 6. Compare the first eight amendments to the federal constitution with 
 
 the bill of rights in your State constitution. 
 
 6. Why impose express limitations upon the federal government if it 
 can exercise only those powers which are expressly granted, or neces- 
 sarily implied from the grant of express powers? 
 
 7. Prepare a report upon the decision in the case of Chisholm p. Georgia 
 (Section 285). 
 
 8. Give an account of the election of 1800, and explain why the twelfth 
 amendment was necessary. 
 
 9. Prepare a report upon the adoption of the thirteenth, fourteenth, and 
 fifteenth amendments. 
 
 10. Discuss the modification of the constitution by interpretation. (Bryce, 
 James, The American Commonwealth, i, ch. xxxm.) 
 
 11. Discuss the development of the constitution by usage. (Bryce, James, 
 The American Commonwealth, i, ch. xxxiv.) 
 
 12. Prepare a report upon the usages or conventions of the British con- 
 stitution. (Dicey, A. V., The Law of the Constitvtion (1902), ch. xiv.) 
 
 13. Suggested readings on constitutional development: Kaye, P. L., 
 Readings, pp. 61-73. 
 
CHAPTER XXI 
 
 RELATIONS OF FEDERAL AND STATE GOVERNMENTS 
 
 295. The Federal System. The great problem before the 
 Constitutional Convention was not only to create a strong 
 national government, but so to adjust its relations j,^u„^ 
 to the existing State governments as to produce andstat* 
 
 a harmonious whole. This was accomplish«d 
 through the adoption of the federal system under which 
 two distinct governmental authorities exist, the one na- 
 tional, the other State. Each of these agencies is intended 
 to perform that part of the work of government for which 
 it is best adapted, and both rest upon the same ultimate 
 authority — that of the people of the United States. It 
 was John Dickinson who first compared the federal plan 
 to the solar system, pointing out that the national govern- 
 ment resembled the sun and the States the planets, each 
 moving in its respective orbit, a deviation from which 
 would imperil the entire system.' 
 
 296. General Distribution of Powers. In the division of 
 powers between the national and State governments, the 
 constitution assigns to the general government pnmoiBit 
 those functions which are essentially national in "'"''■'»" 
 character, while the States are left in control of matters 
 which directly concern their people as communities. Since 
 it would be impossible to name in the federal constitution 
 all the powers of both governmental agencies, only those 
 of the national government are enumerated, all others — 
 except those specifically prohibited — being left to the 
 State governments or reserved to the people. 
 
 > Madison's Papers, EUiot'i Debate) (3d ed.), v, 168. 
 
236 GOVERNMENT AND POLITICS 
 
 Accordingly the powers of government under our con- 
 stitution may be grouped into five classes: — 
 
 (a) Those vested exclusively in the national government, 
 
 (b) Those reserved exclusively to the States. 
 
 (c) Those powers (generally called concurrent) which 
 may be exercised by either the national or State govern- 
 ments. 
 
 (d) Powers denied to the national government. 
 
 (e) Powers denied to the State governments. 
 
 The ellipse repreaenta the sum total 
 of governmental powers. Circle a repre- 
 sents powers delegated to the national 
 government ; circle 6, powers reserved to 
 the States ; segment c, concurrent powers; 
 segment d, powers prohibited to the na- 
 tional government; segment e, powers 
 prohibited to the States. — Adapted 
 from Tiedemann, C. G., The Vnwrittm 
 CoTuHiution of the United States, 
 
 DISTRIBUTION OF GOVERNMENTAL POWERS 
 
 297. Powers of the National Government. To the na- 
 tional government is entrusted control of foreign relations 
 in general, including the making of war and peace; main- 
 tenance of an army and navy; regulation of foreign and inter- 
 state commerce; control of territories, naturalization, and 
 bankruptcy; of coinage, currency, weights and measures; 
 of post offices, post roads, copyrights and patents; the 
 establishment of federal courts; the punishment of offenses 
 against federal law; the protection of citizens against un- 
 lawful or discriminating legislation by any State; and the 
 right to borrow money and to tax for national purposes. 
 
 In exercising these powers, the authority of the national 
 government is direct and immediate, operating not through 
 Direct the agency of the States but directly upon indi- 
 
 autiority yiduals. Thus the national government does not 
 call on the States for funds, but levies its own taxes. Nor 
 
THE FEDERAL SYSTEM 237 
 
 does it rely on the States to execute its commands; for the 
 decrees of the national courts are executed by federal 
 marshals, and in case of need the whole military power of the 
 Union may be employed against persons who resist its laws. 
 
 298. Classification of Federal Powers. The powers of 
 the national government are sometimes classified as express 
 and imphed. Express powers include those ex- 
 pressly enumerated in the constitution; while impUoa 
 implied powers are those which by reasonable '"'* 
 implication are included in, or result from, those expressly 
 granted. Implied powers have the direct sanction of the 
 constitution, which declares that Congress shall have power 
 to make all laws which shall be necessary and proper for 
 carrying into execution the powers vested in the national 
 government.^ 
 
 299. Interpretation of Federal Powers. Since the na- 
 tional government possesses only those powers expressly 
 or impliedly granted by the federal constitution, Hnie oi 
 
 it follows that all doubts as to the existence of <!«"«"»»ion 
 any power must be settled by reference to the terms of that 
 instrument. In determining what acts are necessary and 
 proper in the exercise of enumerated powers, a liberal 
 interpretation has been applied by the United States Su- 
 preme Court, the final arbiter upon constitutional ques- 
 tions. "Let the end be legitimate, let it be within the scope 
 of the constitution, and all means which are appropriate, 
 which are plainly adapted to that end, which are not pro- 
 hibited, but consist with the letter and spirit of the consti- 
 tution, are constitutional." ^ 
 
 Although the federal government is one of limited rather 
 than of general powers, yet in the exercise of gnp^jj^jy 
 the powers granted it is supreme, and any con- ojiederai 
 flict between federal and State authority must be 
 settled upon this principle. The language of the constitution 
 
 « CmHUutim, Art. I, Sec. 8, Par. 18. 
 
 ' Chief Justice Mar^all in McCuliocb t>. Maryland, 4 Wheaton, S16. 
 
238 GOVERNMENT AND POLITICS 
 
 is clear and unequivocal in pointing out the supremacy of 
 federal law: "This constitution, £ind the laws of the 
 United States which shaH be made in pursuance thereof, 
 and all treaties made, or which shall be made, under the 
 authority of the United States, shall be the supreme law 
 of the land; and the judges in every State shall be bound 
 thereby, anything in the constitution or laws of any State 
 to the contrary notwithstanding." ' 
 
 In order that the supremacy of the federal government 
 may be maintained without danger of encroachment on 
 Pinal ubitn the part of the States, the final interpretation as 
 ttonSiquM^ to its powers rests with the federal courts. While 
 UoM State coiurts may be called upon to construe the 
 
 federal constitution as a part of the written law, the final 
 decision in such cases is for the Supreme Court of the 
 United States; and the interpretation of this court when 
 rendered becomes a part of the supreme law, binding upon 
 all other courts, and upon all individuals throughout the 
 Union. 
 
 300. Powers of State Governments. In contrast with 
 the federal government, the State government is one of 
 Oonerai general powers. In determining whether a power 
 natnie of is rightfully exercised by a State, the question is 
 not whether the power is granted, but rather 
 whether it is withheld. In other words, the States possess 
 all powers of government except those which their own 
 constitutions, or the federal constitution, explicitly or by 
 plain inference withhold. They are the ordinary govern- 
 ments of the country, the federal government being its 
 instrument only for particular purposes. 
 
 * Article VI, Paragraph 2. — In expouDding this provision it has baen said: "If any 
 one proposition could command the universal assent of mankind, w« might expect it would 
 be this; that the government of the Union, though Uniited in its powers, is supreme within 
 its sphere of action. This would seem to result necessarily from ita nature. It is a gov- 
 ernment of all; its powers are delegated by all; it represents all; and acts for all. Though 
 any one State may be willing to control itj operations, no State is willing to allow others 
 to control it. The nation, on those subjects on which it can act, must necessarily bind its 
 component parts." — Marshall, Chief Justice, in McCulloch p. Maryland, 4 Wheatoo, 
 816, *0«. 
 
THE FEDERAL SYSTEM 239 
 
 Thus the States have a large field of governmental action, 
 important not only from the variety of subjects included, 
 but also because of the direct relation of these oiiuu 
 powers to the individual. Practically the entire "'!""'•'» 
 body of criminal and private law is regulated by the States, 
 including laws against crime, and those regulating the per- 
 sonal and property rights of individuals. The States also 
 have complete charge of local government, of education, 
 and of the elective franchise. They create and regulate 
 corporations, supervise domestic commerce, make legal 
 regulations concerning capital and labor, exercise the far- 
 reaching police power, care for the weak and dependent 
 classes, regulate marriage and divorce, maintain militias, 
 establish systems of courts, borrow money, and levy taxes. 
 
 301. Concurrent Powers. Most of the powers granted 
 to Congress are vested exclusively in that body. The power 
 vested in Congress is exclusive if it is made so by bxoIusIt* 
 the express language of the constitution; or if "'^•" 
 the constitution confers the power upon Congress and pro- 
 hibits the States from exercising a like authority; or if the 
 subject-matter of the power is national in character, and can 
 be governed only by a uniform system. 
 
 In a few cases the powers granted to Congress are not 
 exclusive, but concurrent. In this field the States may 
 pass laws which are valid until Congress sees fit oononnMit 
 to exercise the power with which it is invested, ""'"'' 
 whereupon State laws are suspended, either wholly or so 
 far as they are inconsistent with federal legislation. Thus 
 the States control the subject of weights and measures in 
 the absence of congressional action. Similarly, the States 
 have passed laws on the subject of bankruptcy during those 
 periods of our history when there was no federal bankruptcy 
 act. The States may also provide by law for the punish- 
 ment of counterfeiting, this being an ofiFense against the 
 State as well as the nation. 
 
 302. Prohibitions upon the National Government. The 
 
240 GOVERNMENT AND POLITICS 
 
 principal limitations imposed on the federal government 
 aantiai are set forth in Article i, Section 9, of the federal 
 "'"• constitution, and in the first ten amendments. 
 
 Most of these restrictions are designed either to protect 
 individual liberty, or else to safeguard the States against 
 discriminating legislation on the part of the federal govern- 
 ment. 
 
 303. Restrictions designed to protect Individual Liberty. 
 
 Among the important limitations for the protection of the 
 individual are the following : — 
 
 (1) The privilege of the writ of habeas corpus may not be sus- 
 pended unless in case of rebellion or invasion the public safety 
 requires.^ 
 
 (2) Congress may not pass a bill of attainder (depriving persons 
 of life or property by legislative act), or enact any ex post facto 
 law (making criminal an act which was not an offense when 
 committed).'' 
 
 (3) Congress may not define treason, since the definition of 
 that word is placed in the constitution itself.^ 
 
 (4) No laws may be passed establishing or prohibiting any re- 
 ligion, or abridging freedom of speech or of the press, or the right 
 of the people peaceably to assemble and petition the government 
 for a redress of grievances; or infringing upon the right of the 
 people to keep and bear arms.* 
 
 (5) Soldiers may not be quartered in any house in time of 
 peace without the consent of the owner; and security of the dwell- 
 ing-house is further assured by prohibiting unreasonable searches 
 and seizures, and restricting the method of issuing search-war- 
 rants .° 
 
 (6) No person may be tried for a capital or otherwise infamous 
 crime unless on a presentment or indictment of a grand jury; or 
 be subject for the same offense to be twice put in jeopardy of life 
 or limb; or be compelled in any criminal case to be a witness 
 against himself; or be tried otherwise than by an impartial jury 
 of his State and district, with the right to be informed of the 
 nature and cause of the accusation, to be confronted with the wit- 
 nesses against him, to have compulsory process for obtaining 
 witnesses in his favor, and to have the assistance of counsel for 
 his defense.* 
 
 ' Comtittiiim, Art. l, Sec. 9, Par. 2. * Ibid., Amendments l and n. 
 
 « Ibid., Art. I, Sec. 8, Par. S. 6 jjid.. Amendments ra and iv. 
 
 • JUd., Art. m, Sec. 8, Par. 1, ^ Ihid., Amendments v and vi. 
 
THE FEDERAL SYSTEM 241 
 
 (7) Excessive bail may not be required, nor excessive fines im- 
 posed, nor cruel and unusual punishments inflicted.'^ 
 
 (8) No one may be deprived of life, liberty, or property with- 
 out due process of law, nor may private property be taken for 
 public use without just compensation.^ 
 
 (9) The right of trial by jury must be preserved in all common- 
 law actions where the value in controversy exceeds twenty dollars; 
 and no action determined by a jury may be reexamined other- 
 wise than according to the rules of the common law.' 
 
 (10) Slavery and involuntary servitude (except as a punish- 
 ment for crime) is prohibited within the United States, and all 
 places subject to its jurisdiction.* 
 
 (11) The enumeration in the constitution of certain rights shall 
 not be construed to deny or disparage others retained by the 
 people." 
 
 (12) The powers not delegated to the United States by the 
 constitution, nor prohibited by it to the States, are reserved to 
 the States respectively, or to the people." 
 
 304. Other Limitations upon tiie Federal Government. 
 
 Most of the remaining limitations are designed to protect the 
 
 States against discriminating legislation by the federal DUorlm- 
 
 government. Thus no capitation or other direct tax may inatlntr 
 
 be imposed except in proportion to the census.' No I'tlslsUon 
 1 .. . 1. 1 • J ■. i lorbwain 
 
 duties or taxes may be levied upon exports from any 
 
 State, nor may any commercial regulation give preference to the 
 
 ports of one State over those of another.' Further, all import 
 
 duties and internal revenue taxes must be uniform throughout 
 
 the United States." 
 
 Finally, no title of nobility may be granted by the United 
 
 States; and no person holding federal office may, with- Titles of 
 
 out the consent of Congress, accept any present, ofl&ce, nobiuty 
 
 or title from any king, prince, or foreign state.'" ""* *"** 
 
 305. Express Prohibitions upon State Governments. 
 Prohibitions imposed upon the States are contained in Article I, 
 Section 10, and in the thirteenth, fourteenth, and fif- PTotectlon si 
 teenth amendments. Of these limitations the first thontUoaal 
 class is designed to prevent the States from infringing " 
 
 upon the sphere of the national government. Thus no State may: 
 (1) Enter into any treaty, aUiance, or confederation; or, with- 
 
 • Corutitution, Amendment vin. ' Ibid., Amendment x. 
 
 • Ibid., Amendment v. ' Ibid., Art. I, Sec. 9, Par. i. 
 
 ' Ibid., Amendment vn. ' Ibid., Art. I, Sec. 9, Pars. 6 and 8. 
 
 • Ibid., Amendment xra. ' Ibid., Art I, Sec. 8, Par. 1. 
 » Ibid., Amendment ix. '" Ibid., Art i, Sec. 9, Par. 8. 
 
242 GOVERNMENT AND POLITICS 
 
 out the consent of Congress, enter into any agreement or compact 
 with another State or with a foreign power. 
 
 (2) Grant letters of marque or reprisal; or, without the con- 
 sent of Congress, keep troops or ships of war in time of peace; or 
 engage in war unless actually invaded, or in such imminent dan- 
 ger as will not admit of delay. 
 
 (3) Coin money, emit bills of credit, or make anything but 
 gold and silver coin a tender in payment of debts. 
 
 (4) Without the consent of Congress, lay any duty of tonnage, 
 or lay any imposts or duties on imports or exports, except what 
 may be absolutely necessary for executing inspection laws. 
 
 306. Second Class of Express Limitations. A second 
 FroteoUon ol class of express limitations aims to secure private and 
 IndlTldnal poUtical rights from encroachment on the part of the 
 '^'^^ States. Thus no State may: 
 
 (1) Pass any bill of attainder, ex post facto law, or law impair- 
 ing the obligation of contracts. 
 
 (2) Grant any title of nobility. 
 
 (3) Establish or allow slavery or involuntary servitude, except 
 as a punishment for crime whereof the party shall have been duly 
 convicted. "^ 
 
 (4) Make or enforce any law which shall abridge the privileges 
 or immunities of citizens of the United States.^ 
 
 (5) Deprive any person of life, liberty, or property, without 
 due process of law.' 
 
 (6) Deny to any person within its jurisdiction the equal pro- 
 tection of the laws.^ 
 
 (7) Assume or pay any debt or obligation incurred in aid of 
 insurrection or rebellion against the United States, or any claim 
 for the loss or emancipation of any slave.^ 
 
 (8) Deny or abridge the right of citizens of the United States to 
 vote, on account of race, color, or previous condition of servitude.' 
 
 307. Implied Limitations upon State Governments. In 
 addition to the foregoing express prohibitions, certain other 
 EzcluilTi limitations are implied either from express provisions of 
 laileral the federal constitution, or from the nature of the rela- 
 powars i^jjjjj between federal and State governments. Thus in 
 some cases the powers granted to Congress are exclusive, either 
 because so declared in express terms (as the power to exercise 
 exclusive legislation over the seat of government) ; or because the 
 
 ' CorutUutien, Amendment xin. * Ibid., Amendment xiv. 
 
 ' lUd., Amendment xiv. •• Ibid., Amendment xiv. 
 
 ' Ibid,, Amendment xir. ' Ibid.., Amendment xv. 
 
THE FEDERAL SYSTEM 243 
 
 subject-matter of the power is national in character, demanding 
 a uniform system, and necessarily precluding any form of State 
 action (as the power to establish a uniform system of naturaliza- 
 tion). 
 
 Similarly, the provisions defining the jurisdiction of the federal 
 courts; securing to the citizens of each State all the privileges 
 and immunities of citizens in the several States; requir- otker 
 ing that each State give full faith and credit to the pub- impild 
 lie acts, records, and judicial proceedings of every other P"'^'"'"'"'* 
 State; enjoining interstate extradition; guaranteeing to each State 
 a republican form of government, — all carry with them an im- 
 plied prohibition of any State legislation which in any way would 
 impair their effectiveness. From the nature of the relation be- 
 tween the States and the federal government, it follows that there 
 is an implied prohibition on the part of the States to place any 
 tax upon the instruments or means selected by the federal govern- 
 ment to carry out its powers. 
 
 308. Privileges of States in the Union. Foremost among 
 the important privileges belonging to States as members 
 of the federal Union is that of representation in Rtpnsmu- 
 Congress, in which body each State is entitled to ^'^ 
 two Senators, and a number of Representatives in propor- 
 tion to its population. Similarly, each State has a right 
 to participate in the election of a President by choosing 
 electors for that purpose. 
 
 Another important privilege is the guaranty by the 
 United States to each State of a repubhcan form of govern- 
 ment. By repubhcan government is meant one Qmj„ityi,i 
 in which those exercising authority act in a repre- repunuoan 
 sentative capacity, the ultimate power of control 
 being vested in the people themselves. Republican govern- 
 ment in a State might be threatened through invasion by 
 some foreign power, and an attempt to establish a govern- 
 ment under its authority; or by an insurrection having 
 for its object the overthrow of the existing government. 
 In either case it would be the duty of the federal govern- 
 ment to interpose, and to protect the people of the State 
 by the employment of the military force of the United 
 States. 
 
244 GOVERNMENT AND POLITICS 
 
 Each State has the right of territorial integrity — it 
 cannot be divided without its consent. Finally, the States 
 othn have certain important financial privileges. In 
 
 priTiiegts ^.jjg pg^g^ ^]^g United States has on several occasions 
 distributed considerable sums of money among them, as 
 well as public lands of immense value; while at the present 
 time the federal government makes annual appropriations 
 for the support of agricultural stations, and of State agri- 
 cultural and mechanical colleges. 
 
 309. Duties of the States in the Union. The privileges 
 of the States as members of the Union involve correspond- 
 To hiip ing duties. In the first place, the States are under 
 mSiuo' obligation to keep up the forms of the national 
 goTenment government by choosing presidential electors, 
 electing Senators and Representatives, and fixing the 
 franchise which qualifies persons to vote for members of 
 the House of Representatives. 
 
 The second and most important duty of the States is to 
 remain in the Union. Before the Civil War, those who 
 Toiemain championed the doctrine of State sovereignty 
 to tn. Union argued that the States were and had always been 
 sovereign and independent; and that the Union was a 
 voluntary compact from which any State might withdraw 
 if it chose. Upon this issue the Civil War was waged, and 
 the result of that conflict established forever the principle 
 that the Union is not a compact between States, but a per- 
 manent government established by the people of the 
 United States, and alterable only through constitutional 
 amendment. In the language of Chief -Justice Chase, "the 
 constitution, in all its provisions, looks to an indestruc- 
 tible Union, composed of indestructible States." There 
 can be no such thing as peaceful secession; once a State 
 is in the Union there is "no place for reconsideration, or 
 revocation, except through revolution, or through consent 
 of the States." ^ Hence the ordinances of secession adopted 
 
 1 Texas t. White, 7 Wall. 700. 
 
THE FEDERAL SYSTEM 245 
 
 by the Southern States were absolutely null and void, and 
 those States remained legally members of the Union, al- 
 though the outcome of the Civil War practically reduced 
 them to the position of conquered territory. 
 
 Finally, the States have other miscellaneous duties toward 
 the Union, many of which have been already mentioned. 
 They are to maintain a militia over which the federal 
 government has large powers of control; and they are under 
 obligation not to enact legislation in conflict with federal 
 law. 
 
 310. Interstate Obligations. In addition to their obliga- 
 tions towards the federal government, the States owe im- 
 portant duties to each other as equal members of ^^^^ 
 
 the same Union. By a provision of the federal privileges 
 ... ,, 1 o 1 <i of citizens 
 
 constitution the citizens 01 each ntate are en- 
 titled to all the privileges and immunities of citizens in the 
 several States." * The purpose of this provision is to pro- 
 mote the unity of the American people by preventing dis- 
 criminations against citizens of other States. This clause 
 secures to the citizen of one State the right to travel about 
 freely, or to settle or trade within the limits of any other; 
 to acquire and hold property in any commonwealth, and to 
 be exempt from any higher taxes or other burdens than 
 are imposed upon citizens of that State; also to claim the 
 protection of any State government, and to have access to 
 its courts. 
 
 Political privileges, as the right to vote, to hold oflBce, 
 and to serve on juries, are of course not shared, these rights 
 being properly reserved by each State for its own Poutioai 
 citizens. A State may also limit the right to ''''""e^s 
 practice law to its own citizens, as well as the right to 
 share in the use of the common property of the State (for 
 example, to fish in the public waters, or to hunt game 
 within the State limits). 
 
 311. Public Acts and Judicial Proceedings. The federal 
 
 ' Conttitution, Art. iv. Sec. g. Par. 1. 
 
246 GOVERNMENT AND POLITICS 
 
 constitution provides that "full faith and credit shall be given in 
 each State to the public acts, records, and judicial pro- proving 
 ceedings of every other State." ' This does not mean public 
 that the laws of any State are binding upon persons out- " 
 side its limits, but that if it becomes necessary for the courts of 
 New York, for example, to determine what are the public statutes 
 of Pennsylvania, that fact may be established by introducing in 
 evidence the Pennsylvania legislative records. Further, if the case 
 in the New York court is one affected by Pennsylvania laws, that 
 court will endeavor to give those laws the same effect that they 
 would have in the Pennsylvania courts.^ 
 
 A similar rule prevails with respect to judicial proceedings. 
 A judgment rendered in one State by a court of competent au- 
 thority having jurisdiction of the parties and subject- 
 matter is conclusive in all other States in an action be- jna»m«nts 
 tween the same parties and involving the same issues. 
 
 312. Interstate Extradition. Extradition is another inter- 
 state obligation imposed by the federal constitution. In order 
 that fugitive criminals may be duly tried and punished, the con- 
 stitution provides that "a person charged in any State oonstltn- 
 with treason, felony, or other crime, who shall flee from tlonal 
 justice, and be found in another State, shall, on de- P"'*'''"' 
 mand of the executive authority of the State from which he fled, 
 be delivered up to be removed to the State having jurisdiction of 
 the crime." ^ 
 
 The usual procedure when a criminal takes refuge in another 
 State is to have him arrested and held until the gov- Arrest ol 
 ernor of the State where the crime was committed sends 'nBllvts 
 a requisition to the executive of the State where he is found, 
 asking his return; whereupon he is turned over to the authorities 
 of the State issuing the requisition.* 
 
 If the requisition is regular, proceeding from the proper au- 
 thority and accompanied by the necessary papers, it is the duty 
 of the governor on whom the requisition is made to sur- Duty to 
 render the fugitive. But there is no way by which he can honor 
 be compelled to perform it, and in practice requisitions "O"*''*'"''* 
 are sometimes refused on the ground that the crime charged is 
 unknown to the laws of the refuge State, or even because of per- 
 sonal or political motives on the part of the governor.' 
 
 1 Corutitviion, Art. it, Sec. 1, Par. 1. 
 
 ^ For example, contracts made in one State, and valid where made, are usually recognized 
 as valid when it is sought to enforce them in another State. 
 ' CoTUtitution, Art. iv, Sec. «, Par. i. 
 
 * If the requisition proceedings are illegal, kabtat corput proceedings may be brought 
 either in the State or federal courts to inquire into the lawfulness of the prisoner's detention. 
 
 • Kentucky r. Dennison, 24 How. 66. _ 
 
THE FEDERAL SYSTEM «47 
 
 GENERAL REFERENCES 
 
 Ames, H. V., Statt Documents on Federal Relations (1908). 
 Black, H. C, ATnerican ConsiUulional Law (1897), chs. ii, ix-x, XTiii-xx. 
 Bryce, James, The American Commonwealth (1907), chs. ii, iv, xxvii-xxx. 
 Burgess, John W., PolUical Science and Comparative Constitutional Law 
 
 (1902), pp. 184-252. 
 Cooley, Thos. M., Constitutional Law (1898), chs. x, xn-xvi. 
 
 Constitutional I/imitations (1903), ch. n. 
 
 Hart, A. B., Actual Government (1903), chs. n, vi. 
 
 Landon, J. S., The Constitutional History and Gocemmerd of the United 
 
 States (1906), ch. xvn. 
 McClain, E., Constitutional Law in the United States (1905), chs. in, xxx. 
 Pomeroy, J. N., Constitutional Lam of the United States (1888), part m, 
 
 chs. I, in. 
 Schoviler, James, Constitutional Studies (1904), pp. 115-165, 178-184, 
 
 190-202. 
 Story, Joseph, Commentaries on the Constitution of the United States (5th 
 
 ed., 1905), sees. 1331-1409, 1804-1831, 1857-1909. 
 Tucker, J. R., Constitution of the United States (1899), i, ch. vii; ii, chs. 
 
 XI, xrv. 
 Willoughby, W. W., Nature of the State (1896), ch. x. 
 Wilson, Woodrow, Constitutional Government in the Unittd States (1908), 
 
 ch. vn. 
 
 The State (1906), sees. 1083-1125. 
 
 Woodburn, J. A., The American Republic and its Government (1908), ch. n. 
 
 QUESTIONS AND EXERCISES 
 
 1. Explain fully how the federal government brings its authority to bear 
 directly upon individuals. Conti;ast this with the condition under 
 the Articles of Confederation. 
 
 2. Prepare a report upon the decision of the Supreme Court in the case 
 of McCulloch ti. Maryland. (Section 299.) 
 
 3. May a State court declare a national law unconstitutional? 
 
 4. Explain the reason for giving the national government control of 
 each of the subjects enumerated in Section 297. 
 
 5. If the first eight amendments had not been passed, could Congress 
 have exercised these powers? Do these prohibitions apply to the States? 
 (Section 303.) 
 
 6. May a State government levy a tax upon United States bonds? Upon 
 the capital invested iu national banks? 
 
 7. Mention some of the rights of States which cannot be infringed by the 
 federal government. 
 
 8. May the President suppress violence or disorder within a State if not 
 requested to intervene? (Section 368.) 
 
 9. Enumerate the provisions of the federal constitution which were 
 adopted in order to insure interstate comity. 
 
 10. Suggested readings on relations between State and federal governments : 
 Kaye, P. L., Readings, pp. 74-94. 
 
CHAPTER XXII 
 
 THE SENATE 
 
 313. Congress a Two-House Body. The legislative au- 
 thority granted by the federal constitution is vested in a 
 Aavantages Congress consisting of two houses, the Senate 
 oitwo and the House of Representatives. In creating 
 
 a Congress of two branches, the f ramers of the con- 
 stitution followed the precedent of Great Britain, as well 
 as that of nearly all the thirteen State assemblies, wherein 
 legislative powers were vested in two separate houses.^ It 
 was urged that each house would act as a check upon rash 
 and ill-considered legislation on the part of the other, and 
 that two houses would be less likely than a single body to 
 encroach upon executive and judicial authority. The two- 
 house plan thus established now prevails in all of the States 
 of the Union, and is likewise a characteristic feature of the 
 legislative assemblies of all important countries.^ 
 
 314. Equal Representation of States. As the result of a 
 The great historical compromise adopted by the Con- 
 Coimeoticnt stitutional Convention to reconcile the conflicting 
 
 desires of the large and the small States, the com- 
 monwealths are equally represented in the Senate, each 
 
 ^ Only Pennsylvania and Georgia had legislative assemblies consisting of a single house. 
 Georgia created two houses in 1789, Pennsylvania in 1790. Vermont also haA a one-house 
 legislature from 1786 until 1839. 
 
 2 Great diversity prevails in the numbers, mode of selection, and powers of the upper 
 houses in other countries. The British House of Lords consists of about six hundred hered- 
 itary peers. The French Senate numbers three hundred members, chosen by indirect elec- 
 tion for a term of nine years, one third being elected every three years. In Switzerland the 
 Council of State consists of forty-four members, two being chosen by each canton in such 
 manner and for such term as the canton may see 6t. The German Bundesrath consists of 
 fifty-eight members who represent the princes of twenty-three States and the people of three 
 free cities, in whom the sovereignty of the German Empire resides. The Italian Senate and 
 the Austrian Herrenhaus consist of members appointed by the Crown for life. 
 
 In all these countries except Germany, the upper house occupies a subordinate position 
 as compared with the popular branch of the legislature, and seldom ventures to reject 
 measures upon which the lower house is determined. 
 
THE SENATE 249 
 
 electing two members; while in the House representation's 
 proportioned to population. Thus the House represents the 
 nation as a whole, the national principle: while the Senate 
 represents the federal idea, equality of States.^ 
 
 Under this plan, there are 96 Senators, two from each of the 
 forty-eight States; while the House of Representatives has 
 435 members. Equal representation of States ^^j^ j 
 in the Senate, regardless of population, is some- oauairepre- 
 times denounced as unjust and undemocratic. 
 Nevada, for example, with a population of 81,875, less than 
 one half as many people as there are in the city of Columbus, 
 has as much power in the Senate as the great commonwealth 
 of New York with over nine million inhabitants. Less than 
 one fifth of the total population of the United States actu- 
 ally choose a majority of the Senate, while four fifths of the 
 people of the country are represented in that body by a 
 minority of the members. However, this plan was undoubt- 
 edly necessary in order to secure the consent of the smaller 
 States to the adoption of the constitution; and in practice, 
 American politics have never turned upon a conflict of 
 interests between the large and the small States. With the 
 object of preventing any departure from the original com- 
 promise, the constitution provides that "no State, without 
 its consent, shall be deprived of its equal suffrage in the 
 Senate." ^ 
 
 315. Relations of the Two Houses. The United States 
 is the only great country in the world where the two legisla- 
 tive houses are really equal and coordinate. In ^iieparua- 
 Great Britain, France, and Italy, for example, mentary 
 
 svstom 
 
 the lower branch of the legislature is practically 
 
 1 However, the members of the Senate vote as individuals and do not cast the vote of the 
 State as such; nor are they subject to instruction or recall by the legislatures that elect 
 them (although State legislatures sometimes pass resolutions purporting to "instruct" their 
 Senators). 
 
 ' Constitution, Art. v. — It is sometimes said that this is the only provision of the consti- 
 tution which cannot be changed by amendment. This is incorrect, for the sovereignty of the 
 people is unlimited, and they may amend the constitution in this or any other respect, or 
 make a new one omitting the principle of equal representation. Hence this guaranty merely 
 represents the plighted faith of the framers of the constitution to the small States that their 
 equal representation shall not be taken away. 
 
250 GOVERNMENT AND POLITICS 
 
 supreme; and in case of conflict, the upper house must ordi- 
 narily give way. Moreover, under the parliamentary sys- 
 tem which prevails in these countries, the lower or popular 
 branch of the legislature practically controls the adminis- 
 tration, which it has virtually installed and which it 
 supports.' 
 
 But under our congressional system, the two houses 
 possess coordinate and independent authority, and the 
 Tie con- executive is independent of both. Disputes be- 
 gressionai tween the two houses are frequent, as each freely 
 *^' '" alters and amends the bills that come from the 
 
 other. In case of disagreement over a measure, the Senate 
 usually, though not invariably, gets the better of the contest. 
 It is a much smaller body, and can more easily keep its 
 majority together. Then too. Senators serve for longer 
 terms than Representatives, and as a rule they have had a 
 wider political experience. Many Senators have previously 
 served in the House, and hence are thoroughly familiar with 
 the inner workings of that body. Although the constitution 
 provides that revenue bills shall originate in the House of 
 Representatives, as a matter of fact the Senate has an equal, 
 and in many cases a far greater power. "As the term of 
 service is longer and the chances for reelection greater, the 
 Senate usually contains a relatively larger number of politi- 
 cal experts, acquainted not only with the problems of law- 
 making, but also with the inner workings of the federal 
 government. The influence of the Senators is also aug- 
 mented by their position as party leaders within their re- 
 spective States. They have, as we have seen, a large power 
 in appointing to federal office; and sometimes they are able 
 to construct political machines of extraordinary strength. 
 They usually have great weight in selecting delegates to 
 national party conventions, and in fact they are largely 
 responsible for the predominance of the federal office- 
 holding element in those assemblies. This command over 
 
 » See Sec. 14, page 9. 
 
THE SENATE 251 
 
 party resources within their states enables the Senators to 
 bring more or less pressure on the members of their party in 
 the House of Representatives. When the State organization, 
 in close touch with its Senator or Senators, adopts a policy, 
 it is usually wise for the member of the House of Representa- 
 tives, if he expects further party favors, to fall in line with 
 the policy." ^ 
 
 316. Election of Senators. In accordance with the seven- 
 teenth amendment ^ to the federal constitution, each State 
 is represented by two Senators, elected directly nireot 
 by the voters of the State. Those persons are •'""'™ 
 qualified to vote for Senator who, under State law, may vote 
 for members of the more numerous branch of the State 
 legislature. 
 
 If a vacancy occurs in the representation of any State 
 
 in the Senate, the governor of the State issues a writ of 
 
 election to fill the vacancy. If the State legislature „ 
 
 , . ° Vaoanclei 
 
 grants the necessary authority, the governor may 
 
 appoint some one to serve temporarily as Senator, imtil the 
 vacancy is filled by popular election. 
 
 Prior to the year 1913, Senators were chosen by the legis- 
 latures of their respective States. The framers of the con- 
 stitution believed that better men would be chosen Pormor 
 in this way. But there were serious objections mairect 
 to the method of indirect election. It intensified •'•"'*'™ 
 the strife between the national political parties in the field 
 of State politics, for each party put forth extraordinary 
 efforts to secure a majority in the legislature which was to 
 elect a Senator. Hence State interests and policies were 
 subordinated to an issue of national politics. Again, after 
 a long and bitter contest it sometimes happened that no 
 candidate was able to secure a majority, and a "deadlock" 
 occurred; meantime the State was without its proper repre- 
 
 > Beard, C. A., American Govemmeni and Poliiica, pp. 249-260. 
 
 2 The seventeenth amendment was proposed by the Sixty-second Congress in 1912, and 
 ratified by the necessary number of States in 1913. It does not affect the election or terms of 
 Senators chosen before its adoption. 
 
252 GOVERNMENT AND POLITICS 
 
 sentation in the Senate, and the attention of its legislature 
 was so taken up that State interests suffered.' 
 
 As a result of the public demand that Senators be elected 
 by the people, the House of Representatives repeatedly- 
 passed a resolution to amend the constitution in this re- 
 spect; but not until the year 1912 was it possible to secure 
 the necessary two-thirds majority in the Senate. Once 
 proposed, the amendment was promptly ratified by three 
 fourths of the States, and became effective in 1913. 
 
 317. The Senatorial Term. The senatorial term is six 
 years, and members are so classified that the terms of one 
 third expire every two years — thus making the Senate a 
 permanent body. It was believed that the six-year tenure 
 would prove long enough to secure the talent and experience 
 necessary for legislation, and to operate as a stable feature 
 in the government. Senators are more frequently reelected 
 than not; the average term of service is about twelve years. 
 
 318. Qualifications of Senators. The constitutional quali- 
 fications for Senators are three, and relate to age, citizen- 
 ship, and residence. To be eligible to membership, one 
 must be at least thirty years of age, must have been nine 
 years a citizen of the United States, and must be an in- 
 habitant of the State for which he is chosen.^ The States 
 have no power to add to or subtract from these constitu- 
 tional qualifications; and whether they are lacking in a 
 particular case is a question for the Senate itself to decide. 
 
 The constitution expressly creates two disqualifications — 
 the holding of a federal oflSce contemporaneously, and par- 
 Disquaim- ticipation in rebellion against the United States, 
 oations after having taken oath as a government officer to 
 
 support the constitution.^ Congress or the Senate can make 
 only such further disqualifications as are reasonably im- 
 
 1 For example, in the year 1901, senatorial deadlocks existed in the legislatures of Ne- 
 braska, Montana, Oregon, and Delaware, throughout the greater part of the legislative 
 sessions. In Delaware the deadlock continued until adjournment, leaving the State with no 
 representation in the Senate. 
 
 * Conittitution, Art. i. Sec. 3. 
 
 > Congress may remove the latter disqualification by a two-thirds vote of each house. 
 
THE SENATE 253 
 
 plied in the constitutional provisions. Thus the corrupt 
 use of his powers by a legislator has been made a disquah- 
 fication. 
 
 319. Rights and Privileges of Members. Members of 
 Congress have the constitutional right to a compensation 
 for their services, the amount to be determined compoasa- 
 by statute and paid out of the treasury of the *"'" 
 United States. At present both Senators and Represent- 
 atives receive $7500 per year, to which is added an allow- 
 ance for clerk hire, stationery, and traveling expenses. 
 
 Except in case of treason, felony, or breach of peace, 
 both Senators and Representatives are privileged from 
 arrest during attendance at the sessions of their Freedom 
 respective houses, and in going to and returning ^"'^'""^ 
 from the same. The object of this provision is to exempt 
 members from being interfered with by judicial process 
 while in the performance of their oflGicial duties. "^ 
 
 Finally, members of Congress have the important priv- 
 ilege of freedom of speech and debate in their respective 
 houses. That is, only the house itself can call ^^^^^,^^1 
 members to account for their utterances in that speech and 
 body; and a congressman cannot be prosecuted 
 in the courts for libel or slander on account of any utter- 
 ances in the house to which he belongs, or for the official 
 pubHcation of what he says. 
 
 320. The Senate's Powers in Legislation. With a single 
 exception, the legislative powers of the Senate are identical 
 with those of the House, and bills may originate Revenue 
 indifferently in either branch. The exception is ""^ 
 
 in case of revenue bills, which must originate in the 
 House, although the Senate may propose or concur with 
 amendments as on other bills. ^ 
 
 > The exemption is not of great practical value, since seizure of the person is not ordin- 
 arily authorized except in criminal cases, as to which the exemption does not apply. How- 
 ever, this privilege secures exemption from such a process as a »ubpoeJia, or a summons to 
 «rve on a jury. 
 
 * Thus in 1894 the Wilson Tariff Bill, which originated in the House, was transformed 
 Id the Senate by the addition of one hundred and forty-three amendments. 
 
SS54 GOVERNMENT AND POLITICS 
 
 321. Executive Functions of the Senate. The Senate 
 is not only a legislative body, but also an executive cham- 
 Traatiwuii ^^^' ^^'^^S two important executive functions 
 appoint- first, the power of approving treaties ; and second 
 
 that of confirming the most important president- 
 ial appointments. At the time of the adoption of the fed- 
 eral constitution, the upper house of the State legislatures 
 had a large degree of control over the governor's power of 
 appointment; ^ and a similar distrust of the executive 
 induced the framers of the constitution to give the Senate 
 control over these two important executive powers.^ 
 
 322. Power to approve Treaties. All treaties negotiated 
 by the President must be submitted to the Senate for ap- 
 proval, and in order to be ratified must receive the favor- 
 able vote of two thirds of the Senators present when the 
 vote is taken. Although the President is not obliged to 
 consult with the Senate during the negotiation of a treaty, 
 in practice he usually does so, especially with the committee 
 on foreign relations. The Senate considers treaties, as well 
 as other executive business, in executive or secret session.' 
 The treaty may be approved or rejected as a whole; or it 
 may be ratified in part, additional articles being recom- 
 mended as amendments. When thus changed, the treaty 
 does not become law until both the President and the for- 
 eign power have consented to the amendment. 
 
 323. Confirmation of Executive Appointments. Through 
 its second executive function, that of confirming nomina 
 Senatorial tions submitted by the President, the Senate ex 
 oonrttsy ercises considerable control over the civil admin- 
 istration. This provision was designed to prevent abuses 
 of power on the part of the executive, but it has operated 
 
 ^ In most of the colonies tbere waa a body known as the governor's council, appointed 
 by the king, whose consent was necessary to the validity of certain executive acta. After 
 the colonies became independent, the governor's council disappeared except in Maine, 
 Massachusetts, and New Hampshire. In most States the control over appointments which 
 it formerly exercised has been transferred to the upper branch of the State legislature. 
 
 * For the special power of the Senate to elect a Vice-President, see Section S61. 
 
 * During the first five years of the Senate's history, or until 1794, all its sessions were ir 
 lecret. 
 
THE SENATE «55 
 
 to give the Senate a large control over federal patronage 
 through the practice known as "senatorial courtesy." By 
 this term is meant the mutual support that Senators give 
 to one another, especially in the confirmation of executive 
 appointments. Cabinet appointments are generally con- 
 firmed as a matter of course, and diplomatic appointments 
 are seldom rejected; but nominations to federal positions 
 within a State ^ are ordinarily not confirmed unless ap- 
 proved by the Senators from the commonwealth in ques- 
 tion, provided they are of the same political party as the 
 President. 
 
 In considering appointments, the Senate acts in secret 
 session, but reports of their proceedings commonly become 
 public. In an executive session the galleries are bmcuUt* 
 cleared, the doors closed, and the obligation of *•'"'''"' 
 secrecy is imposed up»on every Senator, under penalty of 
 expulsion if he discloses the confidential proceedings. But 
 the obHgation does not weigh heavily upon some members, 
 and the newspaper correspondents generally manage to 
 find out what occurs. 
 
 The President may convene the Senate in special session 
 to consider treaties or appointments. On forty speoiai 
 different occasions in our national history such "'sioas 
 special sessions have been held. 
 
 324. The Senate's Judicial Function. The judicial func- 
 tion of the Senate is to sit as a court of impeachment for 
 the trial of persons formally accused, by the ioj,utjt 
 House of Representatives, of treason, bribery, impeaok- 
 or other high crimes and misdemeanors. Im- 
 peachment is not limited to indictable offenses, but in- 
 cludes conduct which the courts of law cannot reach, as 
 intemperance or abuse of oflBcial power. The President, 
 Vice-President, and all civil oflBcers of the United States 
 are Uable to impeachment; and the term civil officers in- 
 
 > Especially revenue collectors, postmasters in large cities, custom! officers, federal Judges 
 district attorneys, etc. 
 
«56 GOVERNMENT AND POLITICS 
 
 eludes all federal ofiBcers, except military and naval officers 
 (who are tried by courts-martial), and members of Congress 
 (who are subject only to the rules of the house of which 
 they are members). 
 
 The House of Representatives has the sole power to pre- 
 fer charges of impeachment, that is, to present the articles 
 Trial of im- of accusation as the grand jury presents an in 
 peaohmeats dictment. The trial then occurs before the Sen- 
 ate, the process resembling that of a trial by jury. The 
 House appoints a committee of members to prosecute the 
 charges before the Senate; the accused is entitled to coimsel, 
 and to full opportunity to present his defense; each Sena- 
 tor takes an oath to judge impartially; witnesses are ex- 
 amined; and the Senate then deliberates in secret session 
 while arriving at a decision. In ordinary impeachment 
 trials, the Vice-President or the President pro tempore of 
 the Senate presides; but in case of the impeachment of the 
 President, the presiding officer is the chief-justice of the 
 United States Supreme Court. 
 
 A two-thirds vote of the Senators present is necessary to 
 a conviction; and in case of conviction, the punishment 
 Pnnisii- cannot extend further than removal from office, 
 °'®''' and disquaUfication to hold any office under the 
 
 United States. If the offense leading to impeachment is one 
 pimishable by law, the person impeached is Uable to trial 
 by the courts, as in case of any one who violates the law. 
 The President has no pardoning power in cases of impeach- 
 ment.' 
 
 1 There have been nine cases of impeachment in our history, three of which resulted ic 
 conviction. The three men convicted were judges of the United States courts : John 
 Pickering, judge for New Hampshire, impeached in 1803 for malfeasance in office, includ- 
 ing drunkenness and other offenses ; West H. Humphreys, judge for Tennessee, impeached 
 in 1862 for disloyalty and inciting rebelUon ; and Robert W. Archbald, judge of the Com- 
 merce Court, impeached in 1913 for using his office as judge to influence railroad officials 
 to grant him certain favors in connection with coal lands. 
 
 The most noted impeachment case in our history was that of President Johnson, im- 
 peached in 1868 for violating the Tenure of Office Act, and other offenses ; acquitted by 
 the narrow margin of one vote {thirty -five Senators voting guilty, and nineteen not guilty)a 
 
THE SENATE 2/57 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), ch. xi. 
 Beard, C. A., American Government and Polities (1910), ch. xn. 
 
 Readings in American Government and Politics (1910), ch. xn. 
 
 Bryce, James, The American Commonwealth (1907), i, chs. x-xii. 
 Burgess, J. W., Political Science and Comparative ConstitvtioruU Law (1902), 
 
 II, pp. 41-58. 
 Fairlie, J. A., National Administration of the United Steves (1905), ch. ni. 
 Ford, H. J., The Rise and Growth of American Politics (1898), ch. xxi. 
 Foster, Roger, Commentaries on the Constitution of the United States (1895), 
 
 I, chs. VII, xi-xiii. 
 Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, 1904), nos. 
 
 ixu-uxvi. 
 Hart, A. B., Actual Gooemmemt (1903), ch. xni. 
 Haynes, G. H., Election of Senators (1906). 
 Kerr, C. H., The United States Senate (1895). 
 
 Reinsch, P. S., American Legislatures and Legislaiuie Methods (1907), 
 chs. I, ui. 
 
 Readings on American Federal Oovemment (1909), chs. iv-v. 
 
 Story„ J., Commentaries on the Constitvtion of the United States (5th ed., 
 
 1906), I, sees. 690-813. 
 Tucker, J. R., Constitution of the United States (1899), i, chs. nc-x. 
 Wilson, Woodrow, Constitutional Government ia the United Stale* (1908). 
 
 ch. V. 
 
 The Stale (1906), sees. 1274-1284. 
 
 Woodbum, James A., The American Republic and Ha Govenvmeai (1008), 
 
 ch. IV. 
 
 QUESTIONS AND EXERCISES 
 
 1. Make an outline showing the points of resemblance between Congress 
 and your State and city legislative departments. 
 
 2. Compare the Senate with the British House of Lords. 
 
 3. Has the Senate accomplished the special purposes which it was do- 
 signed to fulfill? (The Federalist, nos. lxii-ijcvi.) 
 
 4. How many Senators were there April 3^, 1789? For what terms did 
 these Senators serve? 
 
 5. What arguments can you present for and against the equal representa- 
 tion of States in the Senate? 
 
 6. Name the Senators from your State. How long have they served? 
 When do their terms expire? To which political party do they belong? 
 What poKtical offices did they hold before being elected to the Senate? 
 
 7. Were your Senators nominated by conventions, or by party primaries? 
 Which plan do you consider preferable, and why? 
 
 8. Give arguments for and against the popular election of Senators. Why 
 did the framers of the constitution favor indirect election? 
 
 9. Explain the exact change in the method of electing Senators brought 
 about by the adoption of the seventeenth amendment. 
 
 10. How are the political parties represented in the present Senate? Name 
 several of the most prominent Senators of each party. 
 
 11. Compare the term and qualifications of United States Senators with 
 those of your State senators. 
 
258 GOVERNMENT AND POLITICS 
 
 12. Make a similar comparison as to rights and privileges. 
 
 13. Which of the special powers of the United States Senate b exercised 
 by your State senate? 
 
 14. State the advantages and disadvantages of having the Senate parti- 
 cipate in appointments; in treaties. 
 
 15. State the objections to the practice of "senatorial courtesy." 
 
 16. Prepare a list of executive officials appointed by the President subject 
 to confirmation by the Senate. 
 
 17. What officials in your congressional district were thus appointed? 
 Was your Senator consulted? 
 
 18. Give an account of the controversy between President Garfield and 
 Senators Conkling and Piatt over appointments in New York State. 
 
 19. Name several treaties which have been ratified by the Senate within 
 the last twenty years. Have any been rejected? 
 
 20. What is the smallest number of Senators who at the present time can 
 pass a bill? Confirm an appointment? Ratify a treaty? 
 
 21. Is a Senator bound to regard instructions by the legislature of his 
 State? 
 
 22. Prepare a report upon the impeachment trial of Andrew Johnson. 
 (Sherman, Recollections, i, 413-432; Blaine, Twenty Years of Congress, 
 II, 341-384; Cox, Three Decades of Federal Legislation, 678-594.) 
 
 23. May a Senator be appointed to a federal office which was created during 
 his term as Senator? {Constitution, Art. i. Sec. 6, Par. 2.) 
 
 24. Suggested readings on the Senate: Reinsch, P. S., Readings on Ameri- 
 can Federal Government, ch. v; Kaye, P. L., Readings, pp. 166-188. 
 
CHAPTER XXin 
 
 THE HOUSE OP EEPiRESBlfTATrYES 
 
 325. Composition of the House. The House of Repre- 
 sentatives, often referred to simply as the House, consists 
 of 4S5 members elected every second year by p^gg^, 
 direct vote in congressional districts of nearly taiuoi re- 
 equal population. The number of Representa- 
 tives to which any State is entitled depends upon its popu- 
 lation as ascertained by the federal census, taken every 
 ten years. Since the adoption of the fourteenth amend- 
 ment (1868), the entire number of individuals in each State 
 (except untaxed Indians) is counted in determining the 
 population entitled to representation.' 
 
 Each of the territories is permitted to send to the House 
 a delegate, who may speak on questions affecting his ter- 
 ritory, but may not vote. Thus in the Sixty- Territorial 
 third Congress (1913-1915), Alaska and Hawaii 0'i««*» 
 were represented by delegates, Porto Rico and the Philip- 
 pines by resident commissioners. 
 
 326. The Method of Apportionment. After each decen- 
 nial census. Congress determines upon the number of Re- 
 presentatives of which the House shall consist. Ratio oi re- 
 The population of all the States is then divided J"™***!"" 
 by this number, the quotient being the ratio of represent- 
 ation; and the population of each State is divided by this 
 
 1 Under the origioal provision of the constitution, Representatives and direct taxes 
 were apportioned among the States according to population. In enumerating the popu- 
 lation, all free persons were to be counted, including abo persons bound to service for a 
 term of years and excluding Indians not taxed; and including also ihrufifihi of aU other 
 ptTioiu. In other words, five slaves were to be counted as equivalent to three white per- 
 sons in apportionment and in levying direct taxes. This was the famous three-fifths rule, 
 adopted as a compromise between the Northern and Southern members of the Constitu- 
 tional Convention. 
 
260 GOVERNMENT AND POLITICS 
 
 ratio to ascertain the number of Representatives to which 
 it is entitled. Thus after the thirteenth census had been 
 taken (1910), Congress passed an act fixing the number 
 of Representatives at 4S5. Dividing the aggregate popula- 
 tion of all the States, as ascertained by the thirteenth census, 
 by 435, gave a quotient of 211, 877 as the ratio of repre- 
 sentation. Then the population of each State was divided 
 by this ratio, the resulting quotients being the number of 
 Representatives of the respective States. 
 
 After each decennial census, the number of members has 
 been increased;' otherwise some States would have had 
 Increase iJi fewer Representatives than during the previous 
 membersMp decajg^ since population does not increase uni- 
 formly in aU parts of the country.^ Under the present ratio, 
 four commonwealths, Delaware, Nevada, Arizona, and 
 Wyoming, would be without representation were it not for 
 the constitutional provision that each State shall have at 
 least one Representative. When a new State is admitted, 
 it is at once given representation, its members or member 
 being additional to the number provided for by the preced- 
 ing apportionment. 
 
 327. Districting a State. The boundaries of the con- 
 gressional districts within each commonwealth are deter- 
 Hedistriot- mined by its legislature, subject to the restric- 
 timMnMea- ^^^^ °^ federal law that the districts shall be as 
 sary nearly as practicable of equal population, and 
 
 composed of compact and contiguous territory. In case 
 the apportionment act changes the representation of a 
 State, or if the decennial census shows that its population 
 has increased unequally in various sections, redistricting 
 the State becomes a necessity. 
 
 Sometimes States are redistricted for less legitimate 
 reasons. The dominant party in the legislature may en- 
 
 * With a single sxception — undsr the reapportionment of 1842. 
 
 * Although the House is now so large aa to be unwieldy, it is smaller than the correspond- 
 ing body in Buiopean eountries. In Great Britain the House of Commons consbts of 670 
 members; the German Reichstag has 397 membera; the French Chamber of Deputies, 684. 
 
THE HOUSE OF REPRESENTATIVES 
 
 261 
 
 THE ORIGINAL ' 
 MANDEK 
 
 GEKRT- 
 
 deavor, by a process known as " gerrymandering," so to ar- 
 range the district aenrman- 
 lines as to secure '^^'^ 
 a party majority in the 
 greatest possible number of 
 districts. This is done by 
 massing the opposition votes 
 in a few districts certain to be hostile 
 in any event, and by so arranging the 
 others as to insure a safe majority ia 
 each for the party in control of the legis- 
 lature. "^ 
 
 Federal law requires that the dis- 
 tricts be composed of e,„,o„o, 
 compact and contigu- statutory 
 ous territory; but it has ^'^^"'^'"^ 
 been held that territory is contiguous if it touches the 
 
 district at any point, 
 
 and the result has been 
 that some States have 
 created districts of the 
 most amazing irregular- 
 ity. The statutory re- 
 quirement that districts 
 
 1 In 1892, by a carefully planned gerry- 
 mander, the Democrats in Indiana were 
 enabled to elect eleven congrCBamen with 
 a total vote of 2S9,190, leaving only two 
 congressmen to the Bepublicane, who cast 
 a vote of 285,668. 
 
 2 " In 1312 when Elbridge Gerry was gov- 
 ernor of Massachusetts, the Republican 
 legielatnre redistributed the districts in 
 such wise that the shapes of the towns 
 forming a single district in Essex County 
 gave to the tfistrict a somewhat dragon- 
 like contour. This was indicated upon 
 a map of Mas^flxjhusetts which Benjamin 
 Russell, on ardent Federalist and editor 
 of the * Centinel,' hung up over the desk 
 in his oifice. The celebrated painter Gil- 
 bert Stuart, coming into the oiilce one day 
 
 and observing the uncouth figure, added ■ ^^-l * \ MAP OF THE CONQKES- 
 with his pencU a head, wings, and claws, I .# • J"" \ ainivriT TiTaTBTrTa 
 
 and exclaimed, ' That will do for a sals, 1 J i ' oJ^OJNAJj JJiaiKitjlS 
 manderl' 'Better say a Gerrymander!' *■— ^i V. ^ IN THE STATE OF 
 growled the editor; and the outlandish «. .=, c^-^.'o ., .Tj.-mjA at>t?tt iqia 
 name, thuB duly coined, soon came into AijAUAMA, Alrxtilj laiU 
 general currency." — Fieke's Civil Qov- , „ 
 
 emmera m the United States. An example of gerrymanaenng. 
 
262 GOVERNMENT AND POLITICS 
 
 shall be of nearly equal population has also been disee- 
 garded. In order to gain a partisan advantage, legislatures 
 have occasionally created districts with almost double the 
 population of other districts in the same State. ^ 
 
 328. The Suffrage. When the constitution was framed, 
 no attempt was made to establish a uniform national suf- 
 Noimiiorm ^^age; instead it was provided that members of 
 nauonai the House of Representatives should be chosen by 
 those persons in the several commonwealths who 
 are qualified to vote for the more numerous (i.e., the lower) 
 branch of the State legislature. 
 
 The States are thus given control of the suffrage; and in 
 order to determine who may vote for congressmen in any 
 states deter- Commonwealth, it is necessary to examine the 
 mineiuaii- qualifications prescribed by the State constitu- 
 tion for those who may vote for members of the 
 lower branch of the State legislature. Generally speaking, 
 imiversal manhood suffrage prevails except as to the crimi- 
 nal, insane, or other defective or delinquent classes. But in 
 a few commonwealths, a property quaUfication is prescribed; 
 and an educational qualification, as ability to read or write, 
 is required in fourteen States. ^ 
 
 State control of the suffrage is subject to two important 
 
 limitations contained in amendments to the federal con- 
 
 « ...1.- stitution. The fifteenth amendment was intended 
 Oonxtltn- 
 
 tionai to secure the suffrage to negro citizens by provid- 
 
 ing that "the right of citizens of the United States 
 to vote shall not be denied or abridged by the United States 
 or any State on account of race, color, or previous condition 
 of servitude." Furthermore, section two of the fourteenth 
 amendment provides that in case the right to vote in any 
 State is denied (except for crime) to male citizens who are 
 twenty-one years of age, the State's representation in the 
 House shall be proportionately reduced. 
 
 1 In New York the fifteenth congressional district (Republican) had 165,701 inhabitaDts 
 Id 1906, while the eighteenth (Democratic) had 460,000 inhabitanta. 
 
 ' Alabama, California, Connecticut, Delaware, Louisiana, Maine, Massachusetts, Missis- 
 sippi, New Hampshire, North Carolina, South Carolina, Virginia, WashingtoQ, Wyoming. 
 
THE HOUSE OF REPRESENTATIVES 863 
 
 329. The Election of Representatives. The constitution 
 confers upon the State legislatures the power to make 
 regulations as to the time, place, and manner of Bariy sut* 
 holding elections for Representatives ; but reserves """"^"i 
 to Congress the right to make or alter these regulations at 
 its discretion. For fifty years, in the absence of federal legis- 
 lation, control of elections was left to the States; and there 
 was considerable diversity in regard to the time and method 
 of electing Representatives. Some commonwealths chose 
 their Representatives on a general ticket (i.e., all voters 
 in the State cast their ballots for the entire number of Re- 
 presentatives allotted to the commonwealth); while other 
 States followed the district plan now in use, each voter 
 casting his ballot for but one Representative.^ 
 
 In 1842 Congress exercised its reserved power of regu- 
 lating the election of Representatives, and passed an act 
 which provided that from that time on, all Repre- Federal 
 sentatives should be chosen by districts, and not "guiaUom 
 by general ticket. Other important regulations subsequ^itly 
 adopted by Congress provide that the time for the election 
 of Representatives shall be the Tuesday nest following the 
 first Monday in November of the even numbered years; * 
 that the election shall be by written or printed ballot; and 
 that the districts arranged by the State legislatures shall be 
 as nearly as may be of equal population, and composed of 
 compact and contiguous territory. 
 
 In a majority of States, candidates for the House of 
 Representatives are nominated by district con- jjon,i„a. 
 ventions composed of delegates representing units uon oi 
 of local government within the congressional dis- 
 trict, such as counties, or in the more thickly settled areas, 
 
 1 Under the general ticket plan, the party which carried the State would generally secure 
 all the congressmen, while under the district plan the delegation from a State ordinarily 
 contains representatives of both parties. 
 
 * Congress has exempted from the operation of this rule three States whose constitutions 
 contain clauses establishing a different date. These are Oregon, where the election oc- 
 curs on the first Monday in June; Vermont, where it takes place on the first Tuesday lo 
 September; and Maine, where it is held on the second Monday in September. 
 
264 GOVEENMENT AND POLITICS 
 
 assembly districts, townships, or wards. But in a large 
 number of States (including Wisconsin, Nebraska, Oregon, 
 Kansas, and Oklahoma) the older convention method has 
 been superseded by the direct primary system, under which 
 candidates are nominated by the voters at a party primary. 
 
 330. The Term of Representatives. Representatives are 
 elected for a term of two years, the legal term commencing 
 on the fourth of March following the election. Actual serv- 
 ice does not commence (except in case of special session) 
 until the first Monday in December, thirteen months 
 after the election. Reelection is frequent, and the average 
 term of service is about five years. 
 
 K a vacancy occurs in the representation from any State 
 
 by reason of death, resignation, or expulsion of a member, 
 
 the federal constitution authorizes the governor 
 Vaoanolei . . » , . r-n i 
 
 to issue a writ of election to fill the vacancy. 
 
 A special election is then held in the district where the 
 
 vacancy occurs, the Representative chosen serving for the 
 
 remainder of the term. 
 
 331. Qualifications for Representatives. The constitu- 
 tional quaUfications prescribed for Representatives relate 
 to age, citizenship, and inhabitancy. A Representative must 
 have attained the age of twenty-five years, must have been 
 a citizen for at least seven years, and must be an inhabit- 
 ant of the State from which he is chosen.^ The House it- 
 self determines whether these qualifications exist, and has 
 even rejected duly elected individuals who possessed the 
 constitutional qualifications.^ The States cannot add to 
 the constitutional qualifications; but universal custom 
 having almost the force of law prescribes residence within 
 the district which the member represents. 
 
 332. Rights, Privileges, and Disabilities of Members. 
 The privileges of members of the House are the same as 
 
 > The coDBtitutioD also provides that no person holding any oflBce under the United 
 States may be a member of Congress during his continuance in office. 
 
 > Thus the Fifty-sixth Congress excluded Brigham H. Roberts of Utah, on the ground 
 tiut he was living in polygamy in violation of both State and federal law. 
 
THE HOUSE OF REPRESENTATIVES C6« 
 
 those of Senators, and include the right to compensation, 
 the privilege of freedom from arrest (except in cases of 
 treason, felony, or breach of peace), and freedom of speech 
 and debate. Representatives, hke Senators, may not hold 
 any civil office mider the United States during their con- 
 gressional term; nor be subsequently appointed to any of- 
 fice which has been created, or the salary of which has been 
 increased, during their term. 
 
 333. Special Powers of the House. The House has three 
 special powers not shared by the Senate: the exclusive power 
 to initiate revenue bills; the sole right of impeach- ^j^^^ 
 ment; and the power to elect a President of the sp»oi«i 
 United States in case no candidate has a major- 
 ity of the electoral votes. These exclusive powers are not 
 of great importance, and add little to the prestige of the 
 House. 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), ch. xn. 
 Bryce, James, The American Commonwealth (1907), i, chs. xni-xiv. 
 Beard, C. A., American Government and Politics (1910), ch. xii. 
 Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
 
 n, pp. 41-68. 
 Fairlie, J. A., National Administration of the United States (190S), ch. in. 
 Follett, M. P., The Speaker of the House of Representatives (1904). 
 Ford, H. J., The Rise and Growth of American Politics (1898), ch. xx. 
 Foster, Roger, Commentaries on the Constitution of the United States (1895), 
 
 I, chs. vii-x. 
 Fuller, H. B., Speakers of the House (1909). 
 Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, 1904), nos. 
 
 LII-UV. 
 
 Hart, A. B., Actuid Government (1903), ch. xm. 
 
 Reinsch, P. S., American Legidatures and Legislative Methods (1907), 
 
 chs. i-ii. 
 
 Readings on American Federal Gouernment (1909), ch. vn. 
 
 Story, J., Commentaries on the Constitution of the United States (Sth ed., 
 
 1906), I, sees. 671-689. 
 Tucker, J. R., Constitution of the United States (1899), i, chs. DC-x. 
 Wilson, Woodrow, Constitutional Government in the United States (1908), 
 
 — The State (1906), sees. 1285-1298. 
 
 Woodbum, James A., The American Republic and its Government (1908), 
 ch. V. 
 
MO GOVERNMENT AND POLITICS 
 
 QUESTIONS AND EXERCISES 
 
 1. Prepare a report showing points of similarity and contrast between 
 the House of Representatives and the British House of Commons. 
 
 2. How many congressional districts in your State? How do these com- 
 pare in area and population? Is the division a fair one, or has the 
 gerrymander been employed in the interest of the dominant political 
 party? 
 
 3. Prepare a report upon the gerrymander. 
 
 4. Who is your Representative? To which political party does he be- 
 long? Length of his service in Congress? Previous poUtical experience? 
 When does his term expire? 
 
 5. What is the number of your congressional district? What counties 
 does it comprise? Which poUtical party generally carries the district? 
 
 6. How are the political parties represented in the present House? Name 
 prominent leaders of each party in the House. 
 
 7. Was your Representative nominated by a party convention or by a 
 direct primary? Which is the better method? 
 
 8. Compare the special powers of the House of Representatives with the 
 special powers of the lower branch of your State legislature. 
 
 9. Why should bills for raising revenue originate in the House of Repre- 
 sentatives? What is the practice in the British Parliament? 
 
 10. Why was the election of a President entrusted to the House of Re- 
 presentatives, in case of failure of the Electoral College to choose a 
 President? In this event, why is the vote ill the House taken by States? 
 
 11. What is the smallest number of Representatives who can pass a bill 
 for the first time? Over the President's veto? What number could 
 elect a President, in case the election should go to the House? 
 
 12. Is it unfortunate that there is so long an interval between the election 
 of Representatives and the meeting of Congress? 
 
 13. What qualifications are required in your State in order to permit one 
 to vote for a United States Representative? Who is authorized to de- 
 termine these quahfications? 
 
 14. Compare the term and qualifications of a United States Representa- 
 tive with those of your State representative. 
 
 15. May the State legislatures add to the qualifications imposed by the 
 federal constitution for membership in the House of Representatives? 
 May the House itself impose additional qualifications? 
 
 16. Under what circumstances may the House exclude from membership 
 a person who has been duly elected? 
 
 17. What are the advantages and disadvantages of our practice of re- 
 quiring a Representative to reside in the district which elects him? 
 
 18. What is the present ratio of representation? What are Congressmen- 
 at-large? 
 
 19. Contrast the procedure in the House of Representatives with that in 
 the British House of Commons. (Kaye, P. L., Readings, pp. 149-156.) 
 
CHAPTER XXIV 
 
 CONGEBSSIONAL METHODS 
 
 334. Term and Sessions of Congress. The life of each 
 Congress coincides with the legal term for which Repre- 
 sentatives are elected; that is, it commences on March 4 
 of the odd-numbered years, and ends on March 4, two 
 years later. Hence Congresses are numbered according 
 to biennial periods. The First Congress began its legal ex- 
 istence on March 4, 1789, and expired at noon on March 4, 
 1791; the Second Congress lasted from March 4, 1791, to 
 March 4, 1793, and so on to the Sixty-fifth Congress, 
 whose legal existence extends from March 4, 1917, to 
 March 4, 1919. 
 
 The constitution requires Congress to assemble at least 
 once each year, the date of meeting — which Congress 
 may change — being the first Monday in Decern- 
 ber. Two regular sessions are held: the long ses- 
 sion from December of each odd year until Congress 
 adjourns, generally in the following June or July; and the 
 short session, beginniug when Congress assembles in De- 
 cember of each even year, and ending at noon on the follow- 
 ing fourth of March. Thus Congress is ordinarily in session 
 only about one half of its legal term. Special sessions may 
 be called either by the President or by Congress itself. 
 
 Congress fixes the time for adjournment by agreement between 
 the separate houses; but in case of disagreement between them 
 on this point, the President may adjourn them to such 
 time as he thinks proper. During the session of Con- j,gjj, 
 gress neither house may, without the consent of the 
 other, adjourn for more than three days, nor to any other place 
 than that in which the two houses are sitting. 
 
268 GOVERNMENT AND POLITICS 
 
 From April, 1789, to December, 1790, Congress met at New 
 York, then the seat of government; from 1790 until 1800 at 
 
 Philadelphia; and since 1800 at the national capitol at 
 mwUne Washington. The Senate chamber is in the north wing 
 
 of the capitol building, the hall of the House of Repre- 
 sentatives in the south wing. Senators occupy revolving chairs 
 with desks, arranged in concentric rows facing the chair of the 
 presiding officer. In the House, members are seated on benches, 
 as in the British House of Commons. Around all four sides of both 
 chambers are large galleries for visitors. 
 
 335. Internal Organization of Congress. The constitu- 
 tion makes each house the sole judge of the elections, re- 
 Eitotioni, turns, and qualifications of its members. Con- 
 
 Mtnrni, ind tested elections are referred to a committee on 
 qualUloa- . , . , 
 
 uens oi elections, which considers the evidence m each 
 
 mMntaii case, and submits a report. Inasmuch as a major- 
 ity of the members of the committee on elections are chosen 
 from the dominant party, a contested election is quite 
 likely to be decided on partisan lines. Persons may be 
 excluded from membership if the election has been irregu- 
 lar or corrupt; if improper retiu:ns have been made; if the 
 constitutional qualifications are lacking; or for other rea- 
 sons which in the opinion of the house render individuals 
 unfit to act as members. 
 
 The presiding officer of the House of Representatives is 
 the Speaker, chosen from the members by the House it- 
 self; while in the Senate the ex officio presiding 
 Olllcera , , a/ ^ jr o 
 
 officer is the Vice-President of the United States. 
 Other officers elected by the respective houses ' from per- 
 sons not members are: the clerk (in the Senate called the 
 secretary), the sergeant-at-arms, doorkeeper, postmaster, 
 and chaplain.'' 
 
 Each house of Congress may determine its own rules of 
 procedure, pimish members for disorderly behavior, and 
 
 1 Nominally these officers are chosen by each house; but in practice the choice is made 
 by the caucus of the majority party, held a few days before the organization of the house. 
 
 * NomiDally these officers appoint their own assistants ; but in practice the subordinate 
 positions constitute patronage to be distributed by the leaders of the dominant party. 
 
CONGRESSIONAL METHODS 269 
 
 by a two-thirds vote, expel a member. * Acts of violence 
 or abusive language may be punished by a vote Rnm of 
 of censure; or the offending member may be re- »""•*"" 
 quired to make a public apology to the house. Only grave 
 offenses which show unfitness for the pubUc trust and duty 
 of a member are punished by expulsion. 
 
 The constitution requires that "each house shall keep a journal 
 of its proceedings, and from time to time publish the same, ex- 
 cepting such parts as may in their judgment require , ^^ 
 secrecy; and the yeas and nays of the members of either 
 house shall, at the desire of one fifth of those present, be entered 
 upon the journal." ^ The object of keeping a journal is to secure 
 a permanent record of legislative action, as well as pubUcity of 
 proceedings. 
 
 The object of requiring the call of yeas and nays is to fix upon 
 each member responsibility for his vote by making it a matter 
 of public record. Since the roll-call consumes consider- 
 able time, it ought not to be required for unimportant J^ *" 
 motions, as a motion to adjourn; hence the restriction 
 that at least one fifth of the members present must demand the 
 vote by yeas and nays. 
 
 An official account of congressional debates and proceedings 
 is published, known as the Congressional Record. This ap- 
 pears daily during the session of Congress, and is no„~T6B- 
 supposed to be a verbatim report of what is said in slonal 
 each house ; but members are allowed to revise their 
 remarks before they are printed, and in the House many of the 
 published speeches are not actually made at all — since mem- 
 bers often merely prepare their speeches and obtain "leave to 
 print." 
 
 336. The Quorum. A quorum of a legislative body k 
 the number of members who must be present in ^^^^ 
 order to transact business; and the quorum re- stitutes« 
 quired by the constitution is a majority of each 
 house.^ A smaller number than a quorum has power only to 
 
 * Constitution, Art. i, Sec. 5, Par. 2. 
 
 2 Ibid., Art. i, Sec. 5, Far. 3. — The Journal h an official record of the introductioD of 
 bills and the votes of members. 
 
 * When the house is once organized, the quorum consists of a majority of those members 
 <;hosen, sworn, and living, whose membership has not been vacated by resignation or by the 
 action of the house. 
 
«70 GOVERNMENT AND POLITICS 
 
 adjourn from day to day; but they may compel the attend- 
 ance of absentees by sending out the sergeant-at-arms with 
 instructions to bring in members wherever found. 
 
 An interesting question arises as to whether in counting a 
 quorum members are to be considered present who are actually 
 in the house, but who do not answer to their names 
 aanorum when the roll is called. For many years it was custom- 
 ary for members of the minority party to remain silent 
 at roll-call, so that if several members of the majority party were 
 absent, no quorum would appear. Speaker Reed in 1890 com- 
 menced the practice of counting members present whom he saw 
 actually in the House, whether voting or not; and the House 
 afterwards sanctioned his action by adopting the rule that the 
 clerk shall note and record in the journal the names of members 
 present but not voting; and that these names, together with those 
 of members voting, are to be counted and announced in determin- 
 ing the presence of a quorum. This rule constitutes one of the 
 most effectual checks upon "filibustering " — that is, upon obstruc- 
 tion tactics on the part of the minority. 
 
 337. Presiding Officer of the Senate. The presiding of- 
 ficer of the Senate is the Vice-President of the United States, 
 FnaMentoi the Senate itself choosing a president pro tem- 
 tiB sanat* pore, who occupies the chair during the absence 
 of the Vice-President, or in case the latter succeeds to the 
 Presidency. Unlike the Speaker of the House, the Pre- 
 sident of the Senate exercises no special control over legis- 
 lation, but resembles the Speaker of the British House of 
 Commons in acting simply as a chairman or moderator. 
 He does not appoint the Senate committees, these being 
 elected by the Senate itself; and he has no Vote except in 
 case of a tie. Questions of order are decided by him without 
 debate, subject to appeal to the Senate. 
 
 338. The Speaker of the House of Representatives. 
 The position of the Speaker of the House of Representa- 
 A poutioai tives is entirely different. He is a political leader 
 irader rather than a chairman or moderator, and is 
 expected to use his office for party purposes. Moreover, the 
 House has seen fit to concentrate large powers of control in 
 
IJNTTEP STATES SENATE CHAMBEK 
 
 UNITED STATES HALL OF REPRESENTATIVES 
 
CONGRESSIONAL METHODS 271 
 
 the hands of its Speaker, until to-day his position is second 
 in political importance to that of the President alone. 
 
 The House chooses its Speaker out of its own membership, 
 and in earlier years exciting contests occurred in the House 
 over the election.^ But with the development of Mode of 
 the caucus system the real contest has been trans- "^"^"^ 
 f erred to the caucus of the majority party, held shortly be- 
 fore the organization of the House. The candidate chosen 
 by this caucus almost invariably receives the solid vote 
 of his party in the House; for the rule of the caucus is that 
 those who participate in its proceedings must support its 
 decisions.'' 
 
 As chairman of the House, the Speaker performs the cus- 
 tomary duties of a presiding officer. He opens and closes 
 the sittings of the House; maintains order; de- jj^aggag 
 cides questions of parhamentary law; acts as the preswing 
 official representative of the House in its col- 
 lective capacity; authenticates official proceedings by his 
 signature; announces the order of business; states the 
 question; and announces the vote. He also appoints the 
 chairman of the committee of the whole, and may appoint 
 a speaker pro tern for a period not exceediag ten days. The 
 Speaker retains his privileges as a member, including the 
 right to take part in debate (in which case he calls some 
 member to the chair) ; and also the right to vote. 
 
 339. Chief Sources of the Speaker's Power. In addition 
 to the above duties, the Speaker has three powers spaoiai 
 of such importance as to give him a large degree !"''"«» 
 of control over legislation during the period of his speaker- 
 ship. 
 
 (1) The Speaker is empowered to determine to which 
 
 i In 1839 it took over a week to elect Speaker Hunter. In 1849, after a contest lasting 
 three weeks, the House agreed that a plurality should elect, and Howell Cobb was chosen 
 on the sixty-third ballot. In 1856, after a struggle lasting two months, Nathaniel P. Banks 
 was elected by a plurality vote on the one hundred and thirty-third ballot. In 1859 the 
 contest again lasted two months, finally resulting in the choice of William Pennington. 
 
 2 The minority party also nominates a candidate in its caucus; he is regarded as the leader 
 of the opposition, and is generally consulted by the Speaker in regard to the minority's 
 representation upon committees. 
 
372 GOVERNMENT AND POLITICS 
 
 committee each bill shall be referred. If the measure might 
 be appropriately referred to either of two committees, he 
 may determine its fate by sending it to the one which is 
 friendly or hostile, according to his personal inclinations. 
 
 From 1790 to 1911, the Speaker had the right to appoint 
 the committees of the House, and to designate their respec- 
 tive chairmen. Since these committees have 
 
 Appoint- 
 ment oi almost entire control over legislation, this power 
 
 of appointment gave the Speaker tremendous 
 influence upon law-making. In forming the committees, 
 the Speaker appointed members favorable to his own 
 views, who could also be relied upon to promote the party 
 policy. But in 1911 the Democratic House of Representa- 
 tives changed the rules so as to transfer this power of ap- 
 pointment from the Speaker to a committee elected by 
 the House itself. This practice has operated to decrease the 
 Speaker's power. 
 
 (2) Another source of the Speaker's authority is his 
 power of recognition — that is, of deciding which member 
 Power ot is entitled to the floor; for no motion or speech 
 reoogniuon ^^^ ^^ made except by one who has been duly 
 recognized by the chair. While there are certain unwrit- 
 ten laws of recognition, and certain restrictions imposed 
 by custom, the Speaker has the power to recognize only 
 such persons as he pleases; and accordingly he may see or 
 refuse to see, as he thinks the public interest requires, or 
 as party interests may dictate. When a member rises and 
 addresses the chair, he is frequently asked, "For what 
 purpose?" and the Speaker then decides whether he shall 
 be recognized. When a bill is before the House for con- 
 sideration, the Speaker generally has a list of members 
 (arranged beforehand by the committee chairman) who 
 are to be recognized when the proper time comes; and 
 discussion is tlius confined to members whose names are 
 on the Speaker's memorandum.^ 
 
 1 "The Speaker's power over recognition seems tyrannical to the laat degree, and the 
 first tendency ot every one is to cry out against it; but the fundamental reason of its ac- 
 
CONGRESSIONAL METHODS 273 
 
 (3) The third source of the Speaker's authority is his 
 right to decide points of order, including power to deal 
 with obstruction — that is, filibustering tactics dj^ij,, 
 on the part of the minority. The obstructive de- points oi 
 vices formerly resorted to by the minority in- 
 cluded preventing a quorum by refusing to vote, and delay- 
 ing action by offering dilatory motions (as to take a recess, 
 or to fix a day to which the House shall adjourn). In the 
 Fifty-first Congress, Speaker Reed inaugurated the existing 
 practice of counting as present persons actually in the 
 House, whether they respond to their names at roll-call 
 or not; and he also disregarded all motions and appeals 
 made simply for the purpose of delay — a practice now 
 invariably followed. 
 
 To the imperfect organization of the House, its lack of leader- 
 ship, and the immense amount of business presented for its con- 
 sideration, is due the centralization of power in the Heasonfor 
 hands of its Speaker. With thousands of measures pre- oentrallza- 
 sented for consideration by an unwieldy body of over """ "' 
 four hundred members, it is essential to efficient ac- 
 tion that some person be vested with large powers of control. 
 Hence the Speaker, representing the political majority, has been 
 entrusted with his large authority.^ 
 
 In the exercise of his powers the Speaker does not act for him- 
 self alone, but rather as the organ of his party. It is through him 
 that the party majority achieves results, suppressing imitations 
 those who would obstruct or prevent action by the upon 
 flouse. This same majority can at any time check or Spoaiei's 
 limit his powers, or even depose him and elect another 
 Speaker. Wide as are his powers, they are limited by the federal 
 constitution and laws, by the rules of the House, by the precedents 
 and practices of previous Speakers, and by general parliamentary 
 usages. 
 
 340. The Committee on Rules. Until March, 1910, a 
 
 ceptance is that something must be done to unify legislation, that acme one must be allowed 
 to choose if anything is to be done." — FoUett, M. P., The Speaker of the Home oj Repre- 
 eeniatives, p. 305. 
 
 1 "The theory of the House is still that it is an assembly of equal factors, but the fact 
 is that it is a hierarchy of private members, chairmen of committees, membera of the com- 
 mittee on rules, and above them all a Speaker." — FoUett, M. P., The Speaker qfthe Hoiui 
 cf Represeniativea, p. 309. 
 
274 GOVERNMENT AND POLITICS 
 
 large part of the Speaker's power came from his control of the 
 A th ritv influential committee on rules. The rules committee 
 is virtually a committee of control, with power to decide 
 upon the order for considering bUls, to determine the length of 
 debates, and the time when the vote shall be taken. This is 
 done by "reporting a rule" — that is, by presenting a report as 
 to the time and conditions under which the House shall consider 
 a measure — a report which takes precedence over any other 
 business. Accordingly the committee on rules can accept or re- 
 ject a bill, permit or limit or refuse debate, admit or decline to 
 admit an amendment. 
 
 Until 1910 this committee consisted of the Speaker and two 
 majority and two minority members named by himself. In the 
 Sixty-first Congress, those opposed to Speaker Can- 
 ganlzaUon' °on's policy finally succeeded in depriving him of a por- 
 tion of his powers by a change in the composition of this 
 committee. On March 19, 1910, the Democrats, aided by "in- 
 surgent" Republicans, passed a resolution providing that the 
 committee on rules should thereafter consist of ten members — 
 six of the majority and four of the minority party, the Speaker 
 being excluded from membership. It was further resolved that 
 this committee should be elected by the House, instead of being 
 appointed by the Speaker. It is expected that this change will 
 make the committee on rules more representative of the will of 
 the majority of the House, and that the Speaker's powers over 
 legislation will be somewhat decreased. 
 
 341. Congressional Committees. Large representative 
 assemblies are confronted with the diflBcult problem of 
 Cabinet giving careful consideration to an immense num- 
 system |^gj. ^j measures, and at the same time acting 
 
 promptly and efficiently. Two plans have been evolved for 
 meeting this difficulty. The first is the cabinet or minis- 
 terial system, under which the leaders of the majority party 
 in the legislature — who for the time being also hold the 
 chief positions in the cabinet — prepare legislative meas- 
 ures, and defend them in the assembly against the at- 
 tacks of the minority party. The cabinet virtually con- 
 stitutes a central or ruling committee of the legislature, and 
 retains control of the administration so long as it has the 
 support of a majority of the members of the house. When 
 
CONGRESSIONAL METHODS 275 
 
 no longer able to command a majority, the cabinet must 
 resign, and a group of leaders from the opposition in turn 
 becomes the governing committee. This is the British sys- 
 tem, also followed in many countries of continental Europe. 
 The second plan is the congressional or committee sys- 
 tem, which prevails in our federal and State legislatures. 
 Under this system the assembly is divided into oongios- 
 a number of smaller groups or committees, each oomminee 
 of which is charged with the consideration of leg- system 
 islation pertaining to a certain subject. After being con- 
 sidered by these miniature legislatures, measures are re- 
 ported to the assembly itself for final action. The decision 
 of a committee with reference to a bill is practically final, 
 for while either house may overrule the committee, in 
 practice this is seldom done. Hence it is said that our legis- 
 lation is by committees and not by the house, for as a rule 
 the house merely ratifies the decisions of the committees. 
 
 Commencing with a few committees in each branch, the num- 
 ber has increased until in the Sixty-third Congress, the Senate had 
 75 and the House 58 committees. In size these vary 
 from 3 to 22 members. Each member of the House montol 
 serves on one or two committees, each Senator on committee 
 from five to ten. Prior to 1911, the Speaker appointed *^' '^ 
 all House committees; since that date these committees have 
 been chosen by a special committee on committees, elected by 
 the House. Senate committees are elected nominally by the Sen- 
 ate, but in practice by the caucus of the majority and minority 
 parties. The minority party is given such representation upon 
 committees as the majority sees fit to allow — their representation 
 being sometimes proportioned to the total minority membership. 
 
 All of the more important committees have rooms assigned 
 them in or near the capitol, and meetings are held at certain 
 hours on specified mornings. It is in these committee- 
 rooms that most of the real work of legislation is per- 3^^"^"'* 
 formed. The committees confer with administrative 
 officials, listen to persons interested in proposed measures, sum- 
 mon and examine witnesses, and sift carefully the mass of meas- 
 ures referred to them for consideration. "^ Committee sessions 
 
 ^ An immense volume of legislation is considered by the committees, the number of bills 
 referred now exceeding 20,000 for each Congress. Of these only about one twentieth are 
 
876 GOVERNMENT AND POLITICS 
 
 are commonly secret, although open to members of Congress; but 
 considerable publicity is secured through public hearings, and the 
 printing of committee reports. 
 
 The advantages of the committee system are: (1) It affords 
 a convenient means of eliminating worthless bills without taking 
 Aavantagos up the time of the house. (2) It enables Congress to 
 ol committee dispatch an immense volume of business by subdivid- 
 system jj^g ^j^g g^jj ^f legislation. (3) It promotes specializa- 
 
 tion of legislative work, since members may be placed on com- 
 mittees for which their previous training has especially fitted 
 them. (4) It enables Congress through its administrative com- 
 mittees to scrutinize the work of the executive departments. 
 (5) It offers a suitable means of cooperation between the execu- 
 tive and legislative departments. 
 
 The defects of the committee system have been summarized 
 by Bryce ' as follows: (1) It destroys the unity of the house as a 
 legislative body. (2) It prevents the capacity of the best 
 members from being brought to bear upon any one 
 piece of legislation, however important. (3) It cramps debate and 
 deprives the country of the light on public affairs which debates 
 in Congress ought to supply. (4) It lessens the cohesion and har- 
 mony of legislation, since laws proposed by fifty different groups 
 without any common oversight or control are almost certain to 
 be inconsistent and contradictory. (5) It gives facilities for the 
 exercise of underhanded and even corrupt influence. (6) It reduces 
 responsibility. (7) It lowers the interest of the nation in the pro- 
 ceedings of Congress. (8) It throws power unaccompanied by 
 adequate responsibility into the hands of the chairmen of com- 
 mittees, especially those dealing with finance and other great 
 material interests. 
 
 342. The Process of Legislation. Every bill introduced 
 in the House or Senate is read the first time by title only, 
 introdnotion ^^'^ then referred by the presiding officer to the 
 and refer- proper committee. The fate of the bill then rests 
 with the committee; and "not having been dis- 
 cussed, much less affirmed in principle by the House, a bill 
 comes before its committee with no presumption in its 
 favor, but rather as a shivering ghost stands before Minos 
 
 810 were enacted into law. At a single session, over 1000 bills are sometimes referred to one 
 of the more important committees. 
 
 1 The American Commonwealih, I, 159-162. 
 
CONGEESSIONAL METHODS 277 
 
 in the nether world." ' The committee may amend the 
 bill as it pleases; or if unfavorable to the measure, may 
 report it adversely, or too late for legislative action, or fail 
 to report it at all.^ If a bill receives the approval of the com- 
 mittee, it is reported back to the House or Senate with a 
 recommendation that it be passed. It is then read a second 
 time in full, and is placed upon the calendar — "the ceme- 
 tery of legislative hopes" — along with hundreds of other 
 bills. Here it must ordinarily await its turn, unless the 
 committee od rules sees fit to direct immediate considera- 
 tion. If a bin reaches the third reading, it is read by title 
 only unless a reading in full is demanded, and the question 
 is then put whether the bill shall pass. 
 
 In the House, debate is limited in several ways: (1) No member 
 may occupy more than one hour in debate on any question, ex- 
 cept the member in charge of the bill, who may have an 
 additional hour at the close. (2) In the committee of ^^^ House 
 the whole, speeches are limited to five minutes on each 
 question.' (3) No member except the one who has introduced the 
 biU may speak more than once on the subject without special 
 permission from the House. (4) Before the debate begins, the chair- 
 man of the committee in charge of the bill, in consultation with 
 the Speaker, arranges a list of members who are to be heard for 
 and against the measure; and no others will be recognized by the 
 Speaker — control of debate being thus placed in the hands of 
 the Speaker and his lieutenants, the committee chairmen. (5) It 
 is customary for the member in charge of the bill, after a limited 
 discussion, to move the previous question, a motion which cuts 
 off debate and brings the House to a direct vote upon the question. 
 
 In the Senate, debate is unUmited, and the absence of a closure 
 rule makes it possible for Senators to defeat a measure by talk- 
 ing indefinitely upon the subject. Although this priv- 
 ilege of unlimited discussion is sometimes abused, the (j,g gg^atg 
 Senate has repeatedly refused to adopt a rule cutting 
 off debate. It proceeds upon the theory that if hasty and iU-con- 
 
 1 Bryce, Jame9« The American Commonwealth, I, 157. 
 
 ' The House may discharge a committee from further consideration of a bill and take it 
 up directlj, but this is rarely done. 
 
 * "The committee of the whole forms a convenient body for discussion and provisional 
 voting on measures. In it, 100 constitute a quorum, and the Speaker's chair is taken by some 
 other member. Measures approved in it are reported to the House for formal adoption." — 
 Beard, C. A., American Government and Poliiics, p. 274, note 1. 
 
278 GOVEENMENT AND POLITICS 
 
 sidered legislation is to be prevented, entire freedom of discussion 
 must be allowed. 
 
 Votes in Congress are taken in one of four ways: (1) By 
 viva voce vote, in which case the presiding officer calls in 
 Methods turn for the "ayes and noes," and decides by the 
 oi voting volume of sound whether the motion has been 
 carried or lost. (2) By a standing vote, whereupon those 
 for and against the motion rise in succession and are counted 
 by tellers. (3) By passing between tellers in front of the 
 Speaker's desk. (4) By roll-call, or vote by yeas and nays. 
 In this case the clerk calls the roll and each member as his 
 name is reached answers "aye" or "no," the vote being 
 then recorded in the journal. 
 
 If a bill receives a majority vote in one house, it is en- 
 grossed and submitted to the other, where the same pro- 
 Oonierenoo cess is repeated. Either house may amend any 
 committees measure proposed by the other; but in case of 
 amendment, however trivial, the bill must be returned to 
 the house in which it originated. In the event of failure to 
 agree upon an important measure, it is customary for each 
 branch to appoint members of a conference committee which 
 endeavors to adjust the differences. The report of this com- 
 mittee is generally a compromise between the opposing 
 views. If the conference report is passed by both branches, 
 an enrolled copy is prepared and signed by each presiding 
 officer; and the bill is then ready to be submitted to the 
 President. 
 
 343. Relations of Congress to the President. If the 
 President approves the measure and affixes his signature. 
 President's it thereupon becomes law. Otherwise he may 
 '**" veto the act, that is, return it to the house in 
 
 which it originated, with a written statement of his objec- 
 tions. The objections are entered at large upon the journal 
 of the house, whereupon the measure cannot become law 
 unless upon reconsideration it receives a two-thirds vote 
 of each house. 
 
CONGRESSIONAL METHODS 279 
 
 In addition to the exercise of his veto power, the Pre- 
 sident may influence the action of Congress in the follow- 
 ing ways: (1) by his annual message to Congress; Bxeouuve 
 (2) by calling a special session of Congress and ^J""' 
 urging certain legislative measures; (3) by contact Oongnn 
 and commimication through the executive departments 
 with the congressional committees and their chairmen; 
 
 (4) by the distribution of executive patronage. 
 
 On the other hand. Congress may bring its influence to 
 bear upon the President in several ways: (1) By resolu- 
 tion, calling upon the President or an executive oongios- 
 department to adopt a certain course, or censur- "''"'"i '"*'''■ 
 mg a course already taken, or requestmg the sub- tia Pie- 
 mission to Congress of papers and information °'''™* 
 upon which the executive department has based its action. 
 (2) By an investigating committee, appointed to inquire 
 into the management of an executive department. (3) By 
 refusing legislation recommended by the President, in order 
 to embarrass his administration. (4) By withholding an 
 appropriation necessary to carry out an executive policy. 
 
 (5) By the use of a rider ' to an appropriation bfll. (6) By 
 passing measures restricting the scope of executive powers; 
 for example, requiring the President or his secretaries to 
 do or refrain from doing something formerly left to their 
 discretion. (7) By impeachment, "the heaviest piece of 
 artillery in the congressional arsenal." 
 
 344. Limitations on the Legislative Powers of Congress. 
 Since the government of the United States is one of de- 
 legated powers, it follows that the legislative oemrai 
 authority of Congress is derived from the federal i'™*'**'™ 
 constitution and restricted by its terms. The power to 
 legislate must be granted by the constitution either in ex- 
 press terms or by necessary implication; or the power must 
 be one which is necessary and proper to carry into effect 
 powers therein granted. 
 
 1 "A 'rider' is an unrelated piece of legislation attached to another legislative measure 
 with the purpose of having it ride through on the merits of the measure to which it is 
 attached." — Woodbum, J. A., The American Republic and. iU Qovemment, p. 307, 
 
280 GOVERNMENT AND POLITICS 
 
 Further, an act of Congress must not violate any of the 
 restrictions expressly imposed upon Congress by the federal 
 Speoiflo constitution. These are found mainly in the JSrst 
 iimitaUons ^gjj amendments, and also in Section 9 of Article i. 
 The first ten amendments constitute a federal bill of rights, 
 designed to secure personal and political rights (freedom 
 of speech, trial by jury, and the like) from invasion on the 
 part of the federal government.^ The principal legislative 
 powers withheld from Congress by Section 9 of Article i, 
 >re as follows : — 
 
 No bill of attainder or ex post facto law shall be passed. 
 
 No capitation or other direct tax shall be laid, unless in pro- 
 portion to the census or enumeration hereinbefore directed to be 
 taken. 
 
 No tax or duty shall be laid on articles exported from any 
 State. 
 
 No preference shall be given by any regulation of commerce 
 or revenue to the ports of one State over those of another; nor 
 shall vessels bound to, or from, one State, be obliged to enter, 
 clear, or pay duties in another. 
 
 No money shall be drawn from the treasury, but in conse- 
 quence of appropriations made by law; and a regular statement 
 and account of the receipts and expenditures of all public money 
 shall be published from time to time. 
 
 No title of nobility shall be granted by the United States. 
 
 345. Classification of Congressional Powers. The powers 
 granted to Congress by the federal constitution may be 
 classified under two heads: (1) express powers, or those 
 specifically enumerated in the constitution; (2) implied 
 powers, or those which are incident to express powers and 
 necessary to their execution. 
 
 346. Express Powers of Congress. The powers expressly 
 granted to Congress are enumerated in Section 8 of Arti- 
 cle I, and in Section 3 of Article iv, and are as follows: — 
 
 (1) To lay and collect taxes, duties, imposts, and excises, to 
 pay the debts and provide for the common defense and general 
 welfare of the United States. 
 
 > See Section 284. 
 
CONGRESSIONAL METHODS 281 
 
 (2) To borrow money on the credit of the United States. 
 
 (3) To regulate commerce with foreign nations, and among 
 the several States, and with the Indian tribes. 
 
 (4) To establish a uniform rule of naturalization, and uniform 
 laws on the subject of bankruptcies throughout the United States. 
 
 (5) To coin money, regulate the value thereof, and of foreiga 
 coin, and fix the standard of weights and measures. 
 
 (6) To provide for the punishment of counterfeiting the secur- 
 ities and current coin of the United States. 
 
 (7) To establish post offices and post roads. 
 
 (8) To promote the progress of science and useful arts by grant- 
 ing copyrights and patents. 
 
 (9) To constitute tribunals inferior to the Supreme Court. 
 
 (10) To define and punish piracies and felonies committed on 
 the high seas, and ofifenses against the law of nations. 
 
 (11) To declare war, grant letters of marque and reprisal, and 
 make rules concerning captures on land and water. 
 
 (12) To raise and support armies, but no appropriation of money 
 to that use shall be for a longer term than two years. 
 
 (13) To provide and maintain a navy. 
 
 (14) To make rules for the government and regulation of the 
 land and naval forces. 
 
 (15) To provide for calling forth the militia to execute the laws 
 of the Union, suppress insurrections, and repel invasions. 
 
 (16) To provide for organizing, arming, and disciplining the 
 militia, and for governing such parts of them as may be employed 
 in the service of the United States. 
 
 (17) To exercise exclusive legislative authority over the Dis- 
 trict of Columbia — the seat of government of the United States; 
 and to exercise similar authority over all places purchased for the 
 erection of forts, magazines, arsenab, dockyards, and other pub- 
 lic buildings. 
 
 (18) To make all laws which shall be necessary and proper for 
 carrying into execution the foregoing powers, and all other powers 
 vested by this Constitution in the government of the United 
 States, or in any department or officer thereof. 
 
 (19) To dispose of and make all needful rules and regulations 
 respecting the territory and other property belonging to the 
 United States. 
 
 (20) To admit new States into the Union. 
 
 347. Implied Powers. We have seen that Congress is 
 expressly authorized to make all laws necessary and pro- 
 
282 GOVERNMENT AND POLITICS 
 
 per" for carrying out the powers granted by the federal 
 . .k ^^ constitution. This clause is the foundation of the 
 tor doctrine of implied powers. While the federal 
 
 government is one of enumerated powers, it is 
 not limited to powers expressly granted by the constitu- 
 tion, but may exercise others which are properly incident 
 to express powers, and necessary to their execution."^ 
 
 It would be impossible to enumerate all the classes of 
 statutes enacted by Congress in the exercise of its implied 
 
 powers, but a few illustrations will show the prac- 
 
 lUnstiaUoiis . , ' . , . . , -n i it i 
 
 tical working of the prmciple. For example, the 
 money powers of the federal legislature are held to give it 
 the right to issue bonds and establish a system of national 
 banks. Its power to regulate commerce invests it with au- 
 thority to improve rivers and harbors, to maintain a coast 
 survey, life-saving stations, and a naval observatory, to 
 regulate the liabilities of ocean carriers and the charges of 
 railroads, and to protect commerce against unlawful re- 
 straints and monopolies, and illegal combinations and trusts. 
 Its power to lay and collect taxes furnishes the authority for 
 the estabUshment and maintenance of the whole elaborate 
 system for the collection of the customs duties, and inter- 
 nal revenue. Its authority to estabUsh post offices and post 
 roads includes the power to secure the passage of the mails 
 from all obstructions or interruptions, to punish ofiFenses 
 against the postal laws, to exclude lottery advertisements 
 and indecent matter from the mails, and to grant to tele- 
 graph companies a right of way over the pubUc domain. 
 Wherever Congress advances to fiU the sphere of legislat- 
 ive jurisdiction confided to it by the great grants of the 
 constitution, there advances with it the right and power to 
 choose the means by which its laws shall be made effectual, 
 and which are appropriate to the ends it is designed to 
 accomplish." ^ 
 
 1 For Chief-Justice Marshall's statement of the doctrine of implied powers, see Section 
 299. 
 ' Black, H. C, Constitutional Law, p. «87. 
 
iJJy courtesy 0/ the ^inpermtcinlinif nj Hit i'lnltd ^futc3 Lajnlui and Giutinds) 
 
 THE NEW OFFICE BUILDING OF THE UNITED STATES SENATE 
 There is a similar building for tlie House of Representatives. 
 
 (By courtesy qj Foster and Heynoids, Aei 
 
 THE EXECUTIVE OFFICES 
 Connected with the White House by a portico. 
 
 lork) 
 
^iitp-fi'rst (loiiqrfss of lljt ihnWii %tM(s t)( ^iiitrifa: 
 
 Jit the I'ivst Session, 
 
 B.xud iDd hilJ al iht CiU of W n-Iiii.ftoii on M.«l.Ll^, iIk- l.fl..,,,. 
 out llioiwm.l niiiL- Iiiiiiilrol a.i.i ,iii!^. 
 
 ii'"'i''l ^in .\M ,„i„l,,| ■■\„ \.: „,„|„m:,„|, i„ |,r.,v„l, ,,,,ini,. .ni.l , 
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 Inilllll. ]liurlr.Nl \,..\ 
 
 ;:. ,1 .,«,.t,.l l>n n, >.,,„', „,„l II,.,,-, „i l:,i„,.,„,„i„;. „i ii„ /■„„., 
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 ■iJ'i'i-iMlrniM-: ' ■ ' '" ■ ""^ 
 
 •I "l.nl ll„ I,L'l-li!lll. -l,;,ll i.l II li l.ili.itl 
 
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 V .■ / .'--3:^^^ 
 
 
 THE FORM OF A FEDERAL LAW 
 
CONGRESSIONAL METHODS 
 
 GENERAL REFERENCES 
 
 Beard, C. A.., American Government and Politics (1910), chg. xn-xiv. 
 
 — Readings in American Government and Polities (1910), ch. xiv. 
 
 Benton, T. H., Thirty Years' View (1854-56). 
 
 Blaine, J. G., Twenty Years of Congress (1884). 
 
 Bryce, James, The American Commonwealth (1907), I, chs. xv-xvi, xvni- 
 
 XX. 
 
 Follett, M. P., The Speaker of the House of Representatives (1904). 
 Ford, H. J., The Rise and Growth of American Politics (1898), ch. xix. 
 Fuller, H. B., Speakers of the House (1909). 
 Hart, A. B., Actual Government (1903), ch. xiv. 
 
 Practical Essays on American Government (1906), nos. i, ix. 
 
 Harrison, B., This Country of Ours (1903), chs. n-m. 
 
 Kaye, P. L., Readings on Civil Government (1910), pp. 129-148. 
 
 Kent, James, Commentaries on American Law (14tli ed., 1896), i, lecturt 
 
 XI. 
 
 Lodge, H. C, Historical and Political Essays (1898), pp. 169-197. 
 Lowell, A. L., Essays on Government (1889), no. i. 
 McConachie, L. G., Congressional Committees (1898). 
 Moore, J. W., The American Congress (1895), ch. xxxiv. 
 Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
 chs. i-m. 
 
 Readings on American Federal Government (1909), chs. vi, vn. 
 
 Sherman, John, Recollections (1895). 
 
 Story, J., Commentaries oh the Constitution of the United Stales (6th ed., 
 
 1906), I, sees. 814-904. 
 Woodbum, James A., The American Republic and its Government (1908), 
 
 pp. 257-816. 
 
 QUESTIONS AND EXERCISES 
 
 1. What is the number of the present Congress? When does its term 
 begin and end? When is the long session? The short session? 
 
 2. Give historical examples of important special sessions of Congress. 
 What do you understand by the legislative calendar? The Congres- 
 sional Record? 
 
 3. Which political party has control in each house? What majority has 
 the dominant party? 
 
 4. Under our constitution each house has authority to decide questions 
 concerning the election and qualifications of its members, while in 
 the House of Commons disputed elections are referred to a judicial 
 
 , tribunal. Point out the advantages of each method. 
 6. To what extent may the federal government regulate elections to 
 Congress? 
 
 6. Discuss the position and powers of the Speaker of the House of Re- 
 presentatives, especially his powers (a) of recognition, (b) of deciding 
 points of order, and (c) of referring bills to committees. 
 
 7. Contrast the position of the Speaker of the House with that of the 
 President of the Senate. 
 
 8. Who is the Speaker of the present House? From what State does he 
 come? Ars Speakers frequently reelected? What Speaker served long- 
 est in this position? 
 
284 GOVERNMENT AND POLITICS 
 
 9. Writ" an account of the struggle in the Sixty-first Congress to limit 
 the powers of the Speaker. 
 
 10. Summarize the advantages and defects of .the committee system of 
 legislation. 
 
 11. Name the most important committees of each branch of Congress, and 
 their chairmen. (See the latest Congressional Directory.) 
 
 12. On which committees is your Representative? Committee positions 
 of your Senators? 
 
 13. What is meant by the committee of the whole? Describe the pro- 
 cedure in this committee. 
 
 14. Answer the same for conference committees. 
 
 15. Were any important measures referred to conference committees at 
 the last session? Were any vetoed by the President? 
 
 16. Select a law which was passed at the last session of Congress, and 
 learn when it was first introduced as a bill, to what committee it was 
 referred, when it was reported, how long debated and by whom, and 
 the final vote upon it in the house where introduced. Follow it through 
 the other house in the same way, and state when it was signed by the 
 President. 
 
 17. What volumes would you examine in order to ascertain the law of 
 Congress upon any subject? 
 
 18. Can a bill be carried through all its stages and become a law, all in 
 one day? 
 
 19. When does an act of Congress take effect? How are federal statutes 
 promulgated? 
 
 20. Contrast the rules of the Senate and House concerning debate. 
 
 21. Prepare a report upon the implied powers of Congress. 
 
 22. Give instances of laws passed by Congress in the exercbe of each of 
 the following: financial powers; commercial powers; military powers; 
 territorial powers; power to define and punish crimes; power to regu- 
 late the election of presidential electors, Senators, and Representatives. 
 
 23. Prepare an outline showing (a) the principal subjects of federal legis- 
 lation; (b) of State legislation; (c) of local legislation. 
 
 24. May a Congress bind a succeeding Congress? 
 
 25. May the President submit drafts of bills to Congress? 
 
 26. What do you understand by each of the following terms: the lobby; 
 filibustering; log-rolling; party caucuses; strike bills; riders? 
 
 27. Describe the obstruction methods sometimes resorted to in Congress, 
 Mention recent cases of filibustering in the Senate or House. 
 
CHAPTER XXV 
 
 ORGANIZATION OF THE FBDEHAL EXECUTIVE 
 
 348. Method of electing the President. Under the 
 Articles of Confederation, there was no national executive, 
 and this had proven one of the fatal defects of Debates m 
 the Confederation government.^ Hence in the tionaioon- 
 Constitutional Convention of 1787, there was "nUon 
 unanimity as to the need of an executive department. The 
 method of election was the subject of prolonged debate, 
 the proposed plans including election by direct vote of the 
 people, by Congress, and by electors chosen in various ways. 
 
 Shortly before adjournment, the Convention decided 
 that the choice of a President should be entrusted to elect- 
 ors chosen in such manner as the State legislatm-es direct.' 
 The arguments in favor of this method were that ohoioB ly 
 
 it would obviate the objections to both popular Electoral 
 
 . • 1 J College 
 
 and congressional elections; and that it would en- 
 trust the selection to men quahfied to exercise a wise choice, 
 and capable of acting independently and deliberately. This 
 expectation of an independent choice has not been realized 
 in practice, since the electors in casting their votes do not 
 exercise discretion, but merely register the will of their 
 party as expressed through its nominating convention. 
 In spite of its serious defects, this method of mdirect elec- 
 tion has at least two advantages: (1) no President can be 
 chosen who does not have supporters in about half the 
 States, thus decreasing the danger of a sectional choice; 
 
 ■ The presiding o£Bcer of Congress acted simply as a chairman, and was in no sense the 
 executive head of the government. 
 
 > The origin of this plan is perhaps to be found in the provision of the Maryland con- 
 stitution of 1776, under which State senators were chosen by electors who were themselvesr 
 chosen by the people. 
 
286 GOVERNMENT AND POLITICS 
 
 and (2) it lessens the temptation to perpetrate election 
 frauds in States which have large pluralities in favor of one 
 of the political parties.' 
 
 349. Number and Choice of Electors. Each State has a 
 number of presidential electors equal to the aggregate 
 inuniiei ot number of Senators and Representatives to which 
 eiMtori j^ jg entitled in Congress. Thus New York having 
 forty-three Representatives and two Senators is entitled 
 to forty-five electors; while Nevada with one Representa- 
 tive and two Senators has three electors.^ 
 
 The manner of choosuig electors is left to the State legis- 
 Hethods latures, which have tried three different methods : 
 oi ohoics election by the legislature itself; popular election 
 by single districts; and popular election by general ticket. 
 
 At first in a majority of commonwealths, electors were 
 BieoMoniiT chosen by the State legislatures; but with the 
 lefisutnro growth of democratic ideas this plan was grad- 
 ually abandoned in favor of popular election, which now 
 prevails in every State.' 
 
 Two different methods of popular election have been 
 tried — the district and the general ticket systems. Under 
 Eieouon *^^ district plan formerly used, each voter cast his 
 ijy popniu ballot for three electors — one for the district in 
 which he lived and two for the State at large. 
 Election by districts was gradually supplanted by the gen- 
 eral ticket system, under which each voter casts his ballot 
 for all the electors to which the State is entitled.* Under 
 
 * Thus if the Preaident had been chosen by direct popular vote in the year 1908, there 
 would have been a temptation to increase, by fraudulent manipulation, the Republican 
 plurality of 123,537 in Pennsylvania, or the Democratic plurality of 161,136 in Texaa; but 
 no amount of manipulation could give the Republicans more than thirty-four electoral 
 votes in Pennsylvania, or the Democrats more than eighteen electoral votes in Texas. 
 
 ' The total number ot presidential electors is therefore equal to the entire number of 
 Representatives plus the total number of Senators. 
 
 ' By 1832 the only State retaining election by the legislature was South Carolina, which 
 adhered to this plan until 1868. 
 
 * Maryland was the last State to give up the district system, which she abandoned after 
 the election of 1832. Since then the district plan has not been used in any State except for 
 two years in Michigan, In 1891 the party then dominant in the Michigan legislature, 
 realiziDg that it could not carry the electoral vote of the State as a whole, adopted the dis- 
 trict system in order to gain the electoral votes of some districts. The plan was succeai- 
 iiil in dividing Michigan's electoral vote in 1892, but the act was resealed the {olloving yeas 
 
OEGANIZATION OF FEDERAL EXECUTIVE 287 
 
 the general ticket plan (now universal throughout the 
 Union), the ticket of one party is usually carried entire, 
 since its supporters ordinarily vote for all the electors, 
 whose sole function is to vote for the party's presidential 
 candidate. This method concentrates the struggle in the 
 doubtful States, especially in those which have large elect- 
 oral votes.' 
 
 350. Qualifications for Electors and Voters. The only 
 constitutional qualification for electors is the negative 
 one that they shall not hold any office of trust or profit 
 imder the United States. In practice the district electors 
 must be residents of their respective districts. 
 
 The qualifications for voters in presidential elections are 
 the same as those for voters for the more numerous branch 
 of the State legislature. Generally the suffrage is bestowed 
 upon all male citizens twenty-one years of age who have 
 resided within the State a certain period — frequently one 
 year. 
 
 351. Time of Choosing Electors. Congress is empowered 
 by the constitution to appoint a day for choosing the elect- 
 ors, and this day is to be uniform throughout the United 
 States. In 1845 Congress prescribed the Tuesday following 
 the first Monday in November of each leap year.^ The 
 election held on this day is popularly called the presidential 
 election, as it is in effect; but speaking strictly, no votes 
 at all are given for President and Vice-President on that 
 day, but only for certain electors. About two months later 
 the electors who have been chosen meet, and by their votes 
 elect the nominee of their party. 
 
 352. Meeting of the Electoral College. In each State the 
 electors who have received a pluraUty of the oagangmo 
 popular vote assemble at the State capital on the •leotoiai 
 second Monday in January following their elec- 
 tion. Here they proceed to vote in distinct ballots for Pre- 
 
 1 In 1884, Grover Cleveland secured all of New York's thirty-six electoral votes, although 
 bis plurality was only about one thousand out of a total of over one million votes caat in 
 that State. 
 
 i AUo in 1000, vbich was not a leap year. 
 
288 GOVERNMENT AND POLITICS 
 
 sident and Vice-President, one of whom at least must not 
 be an inhabitant of their own State. Three duplicate lists 
 are then made giving the names of all persons voted for 
 as President and Vice-President, respectively, and the 
 number of votes for each. To each of these Hsts is attached 
 a copy of the certificate of election signed by the governor 
 of the State. The lists are then signed by all the electors, 
 sealed, and certified as containing all the votes of the State 
 for President and Vice-President. A special messenger — 
 generally one of the electors — takes one of these lists to 
 the President of the Senate at Washington; another list is 
 sent by mail to the same officer; and the third is depos- 
 ited with the United States district judge of the district 
 in which the electors meet. 
 
 353. Counting the Electoral Vote. In accordance with 
 the statute passed in 1887, the count of the electoral vote 
 
 occurs on the second Wednesday in February 
 following the meeting of the electors. Both 
 houses of Congress assemble in the hall of the House of 
 Representatives, whereupon the President of the Senate 
 opens the certificates, and the count is begun. The vote 
 of a majority of all the electors appointed is necessary to 
 the choice of both President and Vice-President. Except 
 in case of disputed returns, the count is a mere form, since 
 the result is ordinarily known three months before. 
 
 354. The Disputed Election of 1876. The constitution 
 simply provides that "the votes shall then be counted," ^ appar- 
 ently contemplating a mere enumeration. No method 
 
 retams *^ established for deciding as to the admissibiUty of 
 
 doubtful votes, and this omission led to serious dif- 
 ficulty in the disputed election of 1876. At the time of this elec- 
 tion there were 369 electoral votes, the number necessary to a 
 choice being 185. Tilden and Hendricks, the Democratic nominees, 
 received 184 undisputed votes; while Hayes and Wheeler, the 
 Republican candidates, received 163 votes which were not con- 
 tested. Four commonwealths, Oregon, Florida, Louisiana, and 
 South Caroliaa, with an aggregate of 22 electoral votes, sent in 
 
 ' Coaditulion, Amendmeat xii. 
 
OEGANIZATION OF FEDERAL EXECUTIVE 289 
 
 double sets of returns, both the Democratic and Republican 
 electors claiming to have been chosen. "^ As the Senate was Re- 
 publican and the House of Representatives Democratic, it was 
 evident that Congress would not readily agree upon a solution 
 of the questions involved. 
 
 After bitter and protracted discussion, a measure was passed, 
 creating an electoral commission to consist of fifteen members, 
 including an equal number of Senators, Representa- ijiie 
 tives, and justices of the Supreme Court. Disputed Electoral 
 returns were to be referred to this commission, and its Commission 
 decisions were to be final unless reversed by vote of both houses. 
 The commission voted on strictly partisan lines, and by a vote of 
 eight to seven decided that the twenty-two electoral votes in dis- 
 pute should be counted for the Republican candidates, who were 
 thereby elected by a vote of 185 to 184. In order to prevent an- 
 other complication of this kind. Congress passed the act of 1887, 
 regulating in detail the counting of the electoral vote.^ 
 
 355. Election by the House of Representatives. The 
 
 constitution requires for the election of President "a majority 
 of the whole number of electors appointed." If no person has a 
 majority, the House of Representatives, in accordance with 
 the twelfth amendment, elects the President by ballot from 
 among the three candidates having the highest number of elect- 
 oral votes. The vote in the House is taken by States, the delega- 
 tion from each commonwealth having one vote; and a majority 
 of all the States is necessary for a choice.^ In case the House does 
 not choose a President before the fourth of March, the newly- 
 elected Vice-President becomes President. 
 
 356. Elections of 1800 and of 1824. Two elections, those 
 of 1800, and of 1824, have been decided by the House. In the elec- 
 tion of 1800 both Jefferson and Burr received the same 
 number of electoral votes, 73. This was a majority of ^ j^g^Q 
 the whole number of votes (138), but the tie resulted 
 
 from the fact that under the original provision of the constitution 
 
 1 In Oregon one electoral vote, only, was in dispute. 
 
 ' If but one return is received from any State, its vote cannot be rejected if regularly given 
 by electors whose appointment ha^ been duly certified by the governor. In case more than 
 one return is received, if there has been a determination by a State authority or tribunal as to 
 who are the legal electors, such determination is conclusive: if conflicting decisions are made 
 by different tribunals, each claiming power to act, the vote of the State is rejected unless the 
 two houses of Congress agree as to who are the legal electors. In case no such determination 
 has been made by State authority, and one set of electors has been certified by the governor, 
 the vote given by them is to be received unless both houses, acting separately, agree to reject; 
 while if neither set of electors has a certificate, the vote is not to be counted unless both 
 houses, acting separately, agree as to who are the legal electors. 
 
 ^ In case of election by the House, members must be present from two thirds of th« 
 Stetes. 
 
290 GOVERNMENT AND POLITICS 
 
 the electors voted simply for two candidates, without designating 
 separately their choice for President and Vice-President. After 
 an exciting contest, JefiEerson was elected on the thirty-sixth bal- 
 lot. This contest led to the adoption of the twelfth amendment, 
 which establishes the present method of election. 
 
 Again in 1824 the House was called upon to decide the con- 
 test. Of the electoral votes, Andrew Jackson had received 99, 
 John Quincy Adams, 84, W. H. Crawford, 41, and 
 ol 1824 Henry Clay, 37. No one having the necessary majority 
 
 (131), the House proceeded to elect from the three 
 highest candidates. On the first ballot Adams was chosen by the 
 following vote: Adams, 13, Jackson, 7, Crawford, 4. 
 
 357. Changes in the Process of Election. Four elec- 
 tions were held under the original provision of the constitution, 
 Byconstl- but the election of 1800 demonstrated the need of a 
 tntlonal separate ballot for President and Vice-President in 
 
 amenament qj^^j. iq remove the possibility that the candidate for 
 Vice-President might defeat the candidate intended for Pre- 
 sident. Accordingly the twelfth amendment was proposed by 
 Congress in December, 1803, and ratified by the legislatures of 
 three fourths of the States in the following year. The principal 
 points of difference between the original and the present methods 
 are, that the electors now cast separate ballots for President and 
 for Vice-President; and that when the election devolves upon the 
 House, that body chooses from the three highest candidates, 
 instead of from the five highest, as under the original clause. 
 
 The intention of the framers of the constitution was that the 
 electors should act independently in selecting a President. But in 
 the third election (1796), it was understood that the 
 prao'tloo "^ Federalist electors were to vote for Adams, and the Re- 
 publican-Democratic electors for Jefferson; and since 
 that time there has never been a case where an elector has voted 
 contrary to the expectations of those who chose him. Candidates 
 for President and Vice-President are now nominated by national 
 conventions * of the political parties (usually held in June or July), 
 composed of delegates from each State (two from each congres- 
 sional district and four from the State at large). After the nom- 
 ination of candidates by the national convention, State or district 
 convention? of each party nominate electors whose sole function 
 if elected is to vote for the candidates previously nominated. No 
 provision of the constitution is stronger than the unwritten law 
 that a presidential elector is required to vote for his party candi- 
 date. 
 
 > See Chapter xxzrn. 
 
ORGANIZATION OF FEDERAL EXECUTIVE 291 
 
 Thus the judgment of the political party acting through its 
 convention has been substituted for that of the individual elect- 
 ors. The letter of the constitution is followed, but not p™„ijj 
 the spirit; for the President and Vice-President are in oontiol ol 
 fact chosen by the people acting through the machinery 2^°'° J °' 
 of political parties; and the electors are merely a cog 
 in the machine. By thus suppressing the discretion of the electors 
 and making them mere registers of the popular will, the Pre- 
 sidency has been made a democratic and a representative insti- 
 tution. 
 
 358. The Inaugural Ceremony. The President-elect usu, 
 ally goes to Washington a short time before March 4, on which 
 day the inaugural ceremony occurs. On the day of the oatiiai 
 inauguration, he is escorted by the committee in charge oHIoe and 
 to the Executive Mansion or White House, and then *'^'"*^* 
 accompanied by the outgoing President he proceeds to the capitol. 
 The constitution requires that before entering upon his duties he 
 shall take an oath to faithfully execute the office of President, 
 and to preserve, protect, and defend the constitution. A plat- 
 form is erected on the east front of the capitol, and here in the 
 presence of immense throngs of people, the oath is administered 
 by the chief justice of the United States.' The President then 
 delivers an address outlining his proposed policies. This con- 
 cludes the inaugural ceremony proper, after which the President 
 returns to the White House and reviews a procession which is 
 generally several hours in passing. 
 
 359. Presidential Term, Salary, and Qualifications. The 
 original preference of the Constitutional Convention was 
 for a single term of seven years, but this was Foui-yoar 
 finally changed to a term of fotur years, with no '®'™ 
 restriction as to reehgibility. The term commences on the 
 fourth day of March of each quadrennial year succeeding 
 March 4, 1789. Precedent and custom having almost 
 the force of law have placed a Umit upon the number 
 of terms a President may serve. Washington served two 
 terms, but declined to be considered for a third, thereby 
 establishing a precedent which has since been followed. 
 In 1880 an effort was made to nominate ex-President Grant 
 
 1 This is merely a custom, not a law. The oath may be taken before any official entitled 
 to administer oaths, and in case of the succession of a Vice-President, is ordinarily taken 
 without special ceremony. 
 
292 GOVERNMENT AND POLITICS 
 
 for a third term; but its failure served to strengthen the 
 unwritten rule that no President is eligible for a third term.' 
 
 The qualifications prescribed by the constitution for 
 the Presidency relate to citizenship, residence, and age. 
 Qnaiiiioa- Natural-bom citizens,^ who have resided in this 
 *'"'°' country at least fourteen years, and have at- 
 
 tained the age of thirty-five years, are eligible. The 
 Vice-President must have the same qualifications. 
 
 The compensation of the President is fixed by Congress, 
 but may not be increased or diminished during the existing 
 presidential term. The first salary act passed in 
 ^"^"^ 1789 fixed the President's salary at $25,000 a year; 
 
 in 1873 this was changed to $50,000, and in 1909 to the 
 present salary, $75,000. In addition, Congress pays certain 
 expenses connected with the White House, and makes 
 other allowances for expenses incidental to the presidential 
 office.' The annual salary of the Vice-President is $12,000. 
 
 360. The Vice-President. In case of failure to elect a 
 
 President, or of his death, resignation, inability to discharge 
 
 his duties, or removal by impeachment, the oflBce 
 
 Functions . , ___, 
 
 devolves upon the Vice-President. The ordinary 
 function of the Vice-President is to preside over the de- 
 liberations of the Senate; but he is not a member of this 
 body, and his infiuence upon the Senate is ordinarily shght, 
 since he does not appoint its committees and has no vote 
 except in case of a tie. 
 
 The Vice-President is generally nominated not with re- 
 ference to his fitness to succeed the President, but 
 Succession 
 
 because of his "availability" — to help carry a 
 
 1 Nine Presidents have been reelected as their own successors, namely: Washington, 
 Jefferson, Madison, Monroe, Jackson, Lincoln, Grant, McKinley, and Wilson; one Presi- 
 dent, Cleveland, was reelected after an intervening term; and Roosevelt was elected Presi- 
 dent after he had succeeded to the office upon the assassination of McKinley. 
 
 2 The constitution restricts eligibility to " a natural-born citizen, or a citizen of the United 
 States at the time of the adoption of this constitution." The exception in this last clause 
 was in favor of men of foreign birth Gike Alexander Hamilton and James Wilson) who had 
 performed splendid service during the Revolutionary period. It would have been ungra- 
 cious to render such men ineligible to the presidential office; hence the exception, which of 
 course is no longer of practical effect. 
 
 3 The total amount set apart for the use of the President in the appropriation bill of 
 1909 was $329,420. 
 
ORGANIZATION OF FEDERAL EXECUTIVE 293 
 
 doubtful State, or to placate a defeated faction in the 
 nominating convention. Yet five times in our history the 
 succession has devolved upon the Vice-President. By the 
 death of Harrison in 1841 and of Taylor in 1850, Tyler 
 and Fillmore, respectively, became Presidents; and by the 
 assassination of Lincoln in 1865, of Garfield in 1881, and 
 of McKinley in 1901, Johnson, Arthur, and Roosevelt, re- 
 spectively, succeeded to the Presidency.'^ 
 
 361. Election of Vice-President by the Senate. The 
 Vice-President is chosen by electors in exactly the same 
 manner as the President; but if no person receives Msthad 
 
 a majority of all the electoral votes for Vice-Pre- "' "iioioB 
 sident, then in accordance with the constitution the Senate 
 elects that oflacer from the two candidates having the high- 
 est number of electoral votes, a majority of the whole 
 number of Senators being necessary to a choice. The Sen- 
 ators vote as individuals, each member having one vote.^ 
 
 362. Statutory Presidential Succession. Congress is 
 empowered to designate by law who shall succeed in case 
 the offices of both President and Vice-President . , 
 
 Act 011886 
 
 become vacant — a contmgency which has never 
 yet occurred.^ In 1886 Congress passed the present law, 
 which, with later amendments, provides for succession by 
 cabinet officers in the following order: Secretary of State, 
 Secretary of the Treasury, Secretary of War, Attorney- 
 General, Postmaster-General, Secretary of the Navy, Sec- 
 retary of the Interior. In order that the succession may 
 devolve upon a cabinet officer, it is necessary that he shall 
 have the constitutional qualifications prescribed for the 
 Presidency. 
 
 1 The succession of both Tyler and Johnson proved a serious disappointment to the party 
 which had elected them. Each had been nominated because of his "availability" — to 
 strengthen the ticket. 
 
 ' Only once in our political history has the choice of Vice-President devolved upon the 
 Senate. In the election of 1836, Richard M. Johnson received 147 electoral votes for Vice- 
 President out of a total of 294, lacking one vote of the requisite majority. He was chosen 
 by the Senate, the vote standing: Johnson, 3.S; Granger, 16. 
 
 ' The statute of 1792 provided that the President pro tern of the Senate should be next in 
 succession, then the Speaker of the House, — a new presidential election to follow within 
 two naonths. 
 
294 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), sees. 326-336. 
 
 Beard, C. A., American Government and Politics (1910), ch. ix. 
 
 Black, H. C, American Constitutional Law (1897), pp. 89-97. 
 
 Bryce, James, The American Commonwealth (1907), i, ch. v. 
 
 Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
 
 II, pp. 216-247. 
 Ford, H. J., The Rise and Growth of American Politics (1898), ch. xxn. 
 Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 
 
 LXVII-LXXII. 
 
 Harrison, Benjamin, This Country of Ours (1903), chs. iv-v. 
 Hart, A. B., Actual Government (1903), ch. xv. 
 
 Practical Essays on American Government (1905), no. iii. 
 
 Kaye, P. L., Readings in Civil Government (1910), pp. 184-196. 
 
 Schouler, James, Constitutional Studies (1904), pp. 156-168. 
 
 Stan wood, Edward, History of the Presidency (l904). 
 
 Story, J., Commentaries on the Constitution (5th ed., 1905), i, sees. 1410- 
 
 1488. 
 Tucker, J. R., Constitution of the United States (1899), ii, pp. 693-714. 
 Wilson, Woodrow, The State (1906), sees. 1324-1333. 
 Woodburn, James A., The American Republic and its Government (1908), 
 
 pp. 94-142. 
 
 QUESTIONS AND EXERCISES 
 
 1. Discuss the arguments of Hamilton and Madison in the Constitu- 
 tional Convention as to the length of the presidential term. 
 
 2. Prepare a report upon the methods of presidential election proposed 
 in the Constitutional Convention. 
 
 3. What method of electing the President do you consider best? Reasons? 
 
 4. How many members in the electoral college at present? How is this 
 number fixed? What number of electoral votes is necessary to a choice? 
 
 5. How many electors has your State? Which political party generally 
 carries your State in presidential elections? 
 
 6. What quahfications are required in your State to entitle one to vote 
 for presidential electors? 
 
 7. What would be the advantages of having electors chosen by congres- 
 sional districts with two at large for each State, instead of upon a 
 general ticket? 
 
 8. Describe the process by which the Presidency has been made a re- 
 presentative, democratic institution (Section 357) . In other words, the 
 difference between the theory and the practice of presidential elec- 
 tions. 
 
 9. Who were the candidates at the last presidential election? How were 
 they nominated? Who were the candidates for Vice-President? 
 
 10. Who were the delegates-at-large from your State and the delegates 
 from your district at the last Republican and Democratic national 
 conventions? How were they chosen? 
 
 11. What electoral vote was received by each of the two principal can- 
 didates at the last presidential election? What was the popular vote 
 for each? 
 
 12. What was the previous public service of our President before his elec- 
 
ORGANIZATION OF FEDERAL EXECUTIVE 295 
 
 tion to the Presidency? Are successful governors often nominated 
 for the Presidency? 
 
 13. Compare the chief planks of the two party platforms in the last pre- 
 sidential election. Has the successful party fulfilled the pledges of its 
 platform? 
 
 14. Name the Presidents who received a minority of the popular vote. 
 
 15. Which States and which sections of the country have had the great- 
 est number of Presidents? 
 
 16. Describe the presidential inauguration. 
 
 17. Discuss the former and present rule of presidential succession. 
 
 18. Prepare a report upon the presidential elections of 1800 and 1824. 
 
 19. Prepare a report upon the disputed election of 1876. 
 
CHAPTER XXVI 
 
 THE PRESIDENT S POWERS AND DUTIES 
 
 363. General Characteristics of the Federal Executive. 
 The federal constitution, like the State constitutions, es- 
 imnort- tabUshes the executive department as an inde- 
 anceoj pendent and coordinate branch of the govern- 
 
 ment; but unlike the State constitutions, it vests 
 executive power in a single individual — the President. 
 Elected as the representative of the nation, and entrusted 
 with large powers and corresponding responsibihties, the 
 President is the most imposing as well as the most power- 
 ful factor in our national government. "A chief magis- 
 trate who wields the whole military and no inconsiderable 
 share of the civil power of the state, who can incline the 
 scale to war and forbid the return of peace, whose veto will 
 stay the course of legislation, who is the source of the 
 enormous patronage which is the main lever in the pol- 
 itics of the United States, exercises functions which are 
 more truly regal than those of an English monarch." ^ 
 
 Since the executive is an independent branch of the govern- 
 ment, it follows that in the performance of his duties the 
 Exeoutive President is subject to the control of no other de- 
 indepenA- partment or body. "The grand theory of the con- 
 stitution makes him a co-equal in the tri-partite 
 organization. He draws his power from the same source as 
 the national legislature and judiciary; he is answerable to 
 neither; his discretion is as absolute as that of any legis- 
 lator, and more so than that of any judge; no other branch 
 of the government may rightfully interfere with him in the 
 exercise of that discretion." ^ Hence it follows that the Pre- 
 
 1 Hare, J. I. C, American Comtiivlional Law, i, 173. 
 
 ' Pomeroy, J. N., Constitutional Law of the United States, sec. 631. 
 
THE PRESroENT'S POWERS AND DUTIES 297 
 
 sident is privileged from the jurisdiction and process of any 
 court. He cannot be arrested for any reason whatsoever, 
 and is answerable for misconduct only before one tribimal 
 — the Senate of the United States organized as a court of 
 impeachment. 
 
 364. Classification of Executive Powers. The powers of 
 the President are enumerated in Article n. Sections 2 
 and 3 of the constitution, and may be classified as follows: 
 (1) military powers; (2) administrative powers; (3) dip- 
 lomatic powers; (4) legislative powers; (5) judicial powers. 
 
 365. Military Powers of the President. The President's 
 mihtary powers arise (1) by virtue of his position as com- 
 mander-in-chief; (2) from his general duty to enforce the 
 laws; and (3) from the federal guaranty to the State govern- 
 ments of protection against invasion or domestic violence. 
 
 366. Position as Commander-in-Chief. The constitution 
 provides "that the President shall be commander-in-chief 
 of the army and navy of the United States, and of the mil- 
 itia of the several States, when called into actual service 
 of the United States." ' By virtue of his position as com- 
 mander-in-chief, the President regulates the disposition of 
 the military and naval forces, both in time of peace and 
 war; he appoints and dismisses all officers both of the army 
 and navy; supervises the execution of the military law by 
 which the army and navy are governed; calls out any part 
 of the State militia when in his judgment such action is 
 necessary to execute the laws of the Union, suppress in- 
 smrection, or repel invasion; and when war has been declared 
 or when hostilities actually exist, he wages war as su- 
 preme commander. Not that the President is expected to 
 take the field in person, but he has general charge of mili- 
 tary movements. " In theory he plans aU campaigns, estab- 
 lishes all blockades and sieges, directs all marches, fights 
 all battles." ^ 
 
 * ConatittUion, Art. n, Sec. 2. 
 
 > Pomeroy,. J. N., CorutUviiorKd Jbaw, sec. 706. 
 
298 GOVERNMENT AND POLITICS 
 
 In time of war the President's powers may so expand as 
 to make him almost a dictator, as was practically the case 
 War powers ^*^ President Lincoln during the Civil War. 
 prtotioauy Without waiting for action by Congress, the Presi- 
 dent proclaimed a blockade of the Southern ports, 
 called for 75,000 volimteers, and increased the regular army 
 by 22,000 men. Later, by the exercise of his authority, the 
 writ of habeas corpus was suspended; martial law was de- 
 clared in many districts; arrests were made upon military 
 warrant with trial before military courts; and provisional 
 governments were established in hostile territory. Fiaally, 
 — the crowning example of the President's absolute power 
 in time of war, — the Emancipation Proclamation was is- 
 sued (January 1, 1863), freeing the slaves in the States then 
 in rebellion. 
 
 367. Duty to enforce the Laws. The exercise of the 
 President's military powers may at any time result in con- 
 Hatiioas sequence of his important and comprehensive 
 oj uw duty to "take care that the laws be faithfully 
 
 executed." ^ Ordinarily the execution of the laws 
 proceeds along peaceful lines and can be carried on through 
 the civil administration. Individuals who violate federal 
 laws are arrested by United States marshals or their de- 
 puties, and tried before the proper federal court. But in case 
 resistance to federal law becomes so serious that the civil 
 powers cannot cope with it, the President is authorized to 
 employ the miUtary arm of the government to restore order; 
 and it is for him to determine when such necessity exists, 
 and which branch of the miUtary service — the militia or 
 the regular army — shall be used.^ 
 
 On several occasions in our history the President has 
 found it necessary to use military force in order to execute 
 
 ' CrniHUviion, Art. n, Sec. 3. 
 
 ' " We hold it to be an incontrovertible principle,*' declared the Supreme Court in Ex 
 parte Siebold, "that the government of the United States may, by means of physical force, 
 exercised through its official agents, execute on every foot of American soil the powers 
 and functions that belong to it. This necessarily involves the power to command obedi- 
 tnoe to its laws, and hence the power to keep the peace to that extent." — 100 United 
 States, 3T1; Thayer's Cases, I, 333. 
 
THE PRESIDENT'S POWERS AND DUTIES 299 
 
 the laws. In 1794 President Washington called out the mili- 
 tia from four States in order to suppress the so- EnipioTment 
 called Whiskey Rebellion. The Civil War was of oi military 
 course the most notable instance when the Execu- 
 tive was obliged to resort to military force to execute the 
 laws. Again, during the railway strikes of 1877 and 1894, 
 mob violence interfered with the performance of certain 
 functions of the national government, especially the trans- 
 portation of the United States mails; and on both occasions 
 legular troops were employed to overcome the resistance. 
 
 368. Protection of the States. The constitution provides 
 that "the United States shall guarantee to every State in 
 this Union a repubUcan form of government, and F«aerai in- 
 shall protect each of them against invasion; and t*"'"**™ 
 on application of the legislature, or of the executive (when 
 the legislature cannot be convened), against domestic 
 violence." ' In order to give effect to this guaranty against 
 domestic violence. Congress has authorized the President, 
 on application of the State legislature or executive, to order 
 out such numbers of the militia as he deems necessary to 
 suppress the insurrection. It is for the President to decide 
 whether the exigency exists upon which the federal govern- 
 ment is bound to interfere.^ In case of a conflict between 
 rival State governments, it may devolve upon him to deter- 
 mine which is the rightful authority and to suppress the 
 opposition.' 
 
 Under some circumstances the President need not await 
 the application of the State authorities before intervening. 
 For example, if domestic violence within a com- latorvjjition 
 monwealth violates federal law and interrupts the »" sxecnte 
 discharge of the fimctions of the national govern- 
 ment, the President may act without awaiting the applica- 
 
 1 CoTiHitution, Art. iv, Sec. 4. 
 
 • Luther r. Borden, 7 How. I; Thayer's Cases, I, 19S. 
 
 ' Thus in the case of Dorr's rebellion in Rhode Island (1841-42), the President recog- 
 nized the charter governor as the lawful executive and took steps toward calling out the 
 militia to support his authority; and because of this action the rebellion coUapsed. Again 
 in 187S, a conflict between two rival governments in Louisiana was settled by federal troops. 
 
300 GOVERNMENT AND POLITICS 
 
 tion of the State government. In such cases federal inter- 
 vention is authorized under the clause of the constitution 
 requiring the President to "take care that the laws be faith- 
 fully executed." ^ 
 
 369. Administrative Powers. The chief administrative 
 function of the Executive is to carry into effect the laws 
 roderai ad- Passed by Congress. In discharging this duty the 
 ministrauon President is aided by a large number of executive 
 
 officials, who are responsible to him as head of the 
 administration. Most of these officers are appointed by the 
 President either directly or through his immediate sub- 
 ordinates; and practically all of them, from cabinet officer 
 down to federal marshal, may be removed by him. Thus 
 the distinctive feature of the federal administration is the 
 direct control exercised by the President through his power 
 of appointment and removal. In sharp contrast with the 
 State executive, the President is the actual as well as the 
 nominal head of the administration. 
 
 370. The Power of Appointment. The President's power 
 of appointment is conferred by the constitution in the f ol- 
 oonstitn- lowing provision: "He shall nominate, and by 
 uonai pro- and with the advice and consent of the Senate, 
 
 shall appoint ambassadors, other public ministers 
 and consuls, judges of the Supreme Court, and all other 
 officers of the United States, whose appointments are not 
 herein otherwise provided for, and which shall be estab- 
 lished by law; but the Congress may by law vest the ap- 
 pointment of such inferior officers as they think proper, in 
 the President alone, in the courts of law, or in the heads of 
 departments." ^ The officers whose appointments are 
 "otherwise provided for" are the President and Vice-Pre- 
 sident, the presidential electors, members of the Senate 
 and House, and the several officers of these two houses. All 
 
 ' A notable instance of intervention under these circumstances was President Cleve- 
 land's action during the great railway strike of 1894, when he ordered United States troops 
 into Illinois to enforce the postal laws and the provisions of the Interstate Commerce Act, 
 
 * ConttUution, Art. u, Sec, 2. 
 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
 A PROCLAMATION. 
 
 "^^ 
 
 1 
 
 This year of 1910 is drawing to a. close. The records nl popula- 
 tion and harvests which ore ihe index of pj-ogress shuw vigorous national 
 growth and the health and prosperous well-being of our coamuiiities through- 
 □ ul this land and in our possessions beyond the seas. These blessings 
 have not descended upon us in ri?stricted measure, but overflow and abound. 
 They are the blessings and bounty of God. 
 
 We continue to be at peace with the rest o( the world. In all essen- 
 tial matters our relations with other peoples ore harmoninuy, «-ith an ever- 
 growing reality of friendliness and depth of recop.nition of mutual dependence 
 It is especially t"? be noted thut during the past year preat progress has beei 
 achieved in the ctuise of arbitration ant) the peaceful settlement of interna- 
 tional disputes. 
 
 Now, thererore. I, William Howard Taft, President of the United States 
 of America, in accordance v/ith the wise custom of the civil magistrate since 
 the first settlements in this land and with the rule established from the 
 foundation of this Government, do appoint Thursday, November 24,1910. as a 
 day of National Thanksgiving and Prayer, enjoining the people upon that day 
 to meet in their churches for the praise of Almighty God and to return 
 heurtfelt thanks to Him for all His goodne.ss jnd loving-kindness. 
 
 IN WITNESS WHEP^OF I have hereunto set my hand and caused the seal of 
 the LlniXed States to be affixed. 
 
 Done at the City of Wisshington this filth day of 
 
 November, in th>.- year of our Lord one thousand nin 
 hundred and ten and of the independence of the 
 United States the one hundred and thirty-fifth. 
 
 A PRESIDENTIAL PROCLAMATION 
 
THE PRESroENT'S POWERS AND DUTIES 301 
 
 other officers of the United States are appointed either: 
 (1) by the President subject to confirmation by the Sen- 
 ate; or (2) in the case of inferior officers, by the President 
 alone, by the courts of law, or by the heads of depart- 
 ments. 
 
 371. Officers appointed by Concurrent Action of Pre- 
 sident and Senate. The class of officers appointed by the 
 
 President with the advice and consent of the Sen- 
 
 FioooBS in 
 ate is comparatively small (10,000 out of 441,000 making ap- 
 
 federal officials), but it comprises the most impor- '° 
 tant officers of the government.' The customary process 
 of appointment is for the President, after private conference 
 with individual Senators from the States in which the ap- 
 pointees live,^ to send to the Senate the names of the 
 persons selected for certain offices. The Senate refers these 
 nominations to the appropriate standing committee; and the 
 committee confers with the Senators of the State from which 
 the nominee comes (if of the same political party as the 
 President) to ascertain whether there is objection to the 
 appointment. A report is then made to the Senate either 
 favorably or adversely to the nominee, and that body con- 
 firms or rejects the appointment. If the nomination is con- 
 firmed, the President on being notified issues a commission 
 to the officer, thereby completing the appointment; while if 
 the nominee is rejected, the President must make a second 
 choice. 
 
 An exception to the usual process of appointment arises 
 in case of vacancies which occur from death, re- Reoosa ap- 
 moval, or resignation during the recess of the p'!"*"™*" 
 
 * In this claas are included all ambassadors, miDisters, and consuls; all federal judges; 
 most military and naval officers: cabinet officers and their immediate subordinates; the 
 treasurer of ithe United States; the comptroller of the currency; superintendents of mints; 
 commissioners of internal revenue; collectors of customs and internal revenue; interstate 
 commerce commissioners; commissioners of patents; commissioner of pensions; pension 
 agents; land agents; Indian agents; district attorneys and marshals; territorial governors; 
 and postmastera of the first, second, and third classes (all whose salary is $1000 or over). 
 
 2 Provided those Senators are of the same political party as the President. In the case of 
 minor appointments within a congressional district, the President ordinarily confers with the 
 Representative from that district (if of the same political party as the President), and is 
 more or less guided by his recommendation. 
 
302 GOVERNMENT AND POLITICS 
 
 Senate. In such cases the President may make temporary 
 appointments at his sole discretion; but such an appoint- 
 ment terminates at the end of the next session of the Sen- 
 ate, unless meantime confirmed by that body. 
 
 372. Appointment of Inferior Officers. Under the con- 
 stitution, Congress is empowered to vest the appointment 
 Methoa oi of inferior officers in the President alone, in the 
 appointment courts of law, or in the heads of departments. Ac- 
 cordingly the President appoints the clerks in his office, and 
 indirectly (through his department heads) controls the 
 appointment of many other officials; the judges appoint 
 the clerks and reporters of their courts; and the cabinet 
 officers appoint most of their subordinates. A large major- 
 ity of these inferior federal offices are now filled in accord- 
 ance with the rules of the civil service. 
 
 373. The Power of Removal. The general rule as to re- 
 movals is that the President may at any time remove any officer 
 in the federal service for reasons which he deems sufficient. Ex- 
 ceptions to this statement are the federal judges, who hold office 
 during good behavior and can only be removed through impeach- 
 ment;] and military and naval officers, who in time of peace can 
 only be removed through the decision of a court-martial. 
 
 The constitution is silent concerning the power of removal, but 
 by legislative construction and executive practice the principle 
 
 has become established that the President may remove 
 oim^ Act officers without the consent of the Senate. Only once 
 
 has there been a departure from this construction, — 
 in the Tenure of Office Act of 1867. This measure in effect re- 
 quired the consent of the Senate to the removal of officers ap- 
 pointed by the concurrent action of the President and Senate. After 
 being materially modified in 1869, this act was at length entirely 
 repealed (1887), thereby re-affirming the principle that removal 
 from office is an exclusive power of the Executive. 
 
 374. Term of Federal Offiicers. Most of the important 
 officials in the executive service are appointed for four years, re- 
 appointment not being customary. This class includes territorial 
 judges and governors, marshals, and district attorneys, the chiefs 
 of 'jany bureaus, customs collectors, Indian agents, pension 
 agents, and postmasters of the first three classes. Cabinet officers 
 
 > The FederalM, no. ucztu. 
 
THE PRESIDENT'S POWERS AND DUTIES 308 
 
 are appointed without limit of term, and serve during the pleasure 
 of the President. Subordinate officials under the classified civil 
 service are also appointed for an indefinite term, holding office as 
 long as they serve efficiently. This permanence of tenure for 
 subordinate executive officials was only established after a long 
 experience of the evils of the spoils system. 
 
 375- The Spoils System. During the first forty years of our 
 national history, it was tacitly understood that subordinate ex- 
 ecutive officials should continue in office during good 
 behavior. Since their duties were non-political, it was gnjeaeots" 
 conceded that their tenure should depend upon faithful 
 and efficient service, rather than upon party affiliation. But at 
 the beginning of Jackson's first administration (1829), the so- 
 called spoils system (first developed in New York and Pennsyl- 
 vania) was introduced into national politics. The principle of the 
 spoils system is that the offices belong to the victorious party, and 
 are to be used as a reward for partisan services. This view was 
 avowed in the Senate by Senator W. L. Marcy of New York in 
 the now celebrated phrase, "To the victors belong the spoils of 
 the enemy." Proceeding upon this theory, a system of political 
 proscription was inaugurated (1829), and hundreds of office- 
 holders were removed to make room for the friends of the admin- 
 istration. The Whig party condemned this system in theory, but 
 likewise followed it in practice; and thus the spoils system be- 
 came a permanent feature of American politics. Its demoraliz- 
 ing effects upon the public service continued unchecked until the 
 administration of President Arthur (1883). 
 
 376. Civil Service Reform. Finally, in 1883 pubHc opinion 
 compelled Congress to pass a Civil Service Act ' designed to make 
 appointment to subordinate executive offices depend Qiyy 
 upon individual merit, rather than upon partisan serv- Servioe 
 ice. This act created the United States Civil Service ^'^ °' ^^"' 
 Commission, consisting of three persons (not more than two be- 
 longing to the same poUtical party), appointed by the President 
 with the consent of the Senate. Other important provisions 
 are as follows: (1) It provides for open, competitive, practical 
 examinations for all applicants for positions in the classified serv- 
 ice. (2) These positions are to be filled by selection according 
 to grade from among those applicants standing highest on the 
 examinations, a period of probation to precede final appointment. 
 (3) Appointments are to be apportioned among the several States 
 
 > Civil service denotes the executive branch of the government, as distinguished fro^ 
 le^slative, judicial, military, and Aaval officef). 
 
304 GOVERNMENT AND POLITICS 
 
 and territories according to population. (4) No appointee can be 
 required to contribute to any political fund or to perform any 
 political service. (5) No Senator or Representative is allowed 
 to recommend any applicant to the examining board. (6) The ap- 
 pointing power is required to notify the commission of the selec- 
 tion of applicants from those recommended as a result of the 
 examination; also of the rejection of applicants after probation, 
 and of transfers, resignations, and removals. 
 
 The Civil Service Commission appoints a chief examiner and 
 boards of examiners who conduct examinations not less than 
 Examination twice each year at Washington, D. C, and in the vari- 
 anlpro- ous States and territories. These examinations are 
 motions practical in character, having special reference to the 
 
 nature of the work which the applicant is to perform. The com- 
 mission has instituted a system of promotion from the lower to 
 the higher grades of the public service, thus encouraging eflSciency 
 by enabling competent officials to advance to higher positions. 
 
 The number of officers included under the original act was 
 about 14,000. Subsequent Presidents, especially Cleveland, 
 Harrison, and Roosevelt, have greatly extended its 
 clvl™ervloe operation by executive orders, until at present the 
 total number of federal employees subject to the 
 merit system is about 300,000. The classified service now includes 
 nearly all the clerks in Washington (the so-called departmental 
 service); officials in the postal service, including letter-carriers 
 and clerks in post offices and the railway mail service; together 
 with employees in customs houses, in the revenue service, the 
 government printing-office, and the Indian service. 
 
 The merit system of appointment has greatly improved the 
 public service. It proceeds upon the theory that a pubhc office 
 is a public trust, not the political prize of a party vic- 
 tory. It makes appointment to such office depend upon 
 merit and promotion upon efficiency, thus placing government 
 service as nearly as possible upon a business basis. Undoubtedly 
 it has defects, but it marks a great advance upon the proscription 
 and demoralization that existed for over fifty years under the 
 spoils system. 
 
 377. Diplomatic Powers. The Presideiit''s diplomatic 
 powers include: (1) the power to appoint ambassadors, 
 ministers, consuls, and other commissioners to foreign 
 countries; (2) the power to receive foreign ambassadors 
 and representatives; (S) the power to make treaties by and 
 
THE PRESIDENT'S POWERS AND DUTIES 305 
 
 with the advice and consent of the Senate. Through the 
 agency of our representatives abroad, the President has sole 
 control of the ordinary intercourse between the United 
 States and other nations; but his power to conclude treaties 
 or formal compacts with other nations is shared by the 
 Senate. 
 
 378. Appointing and receiving Representatives. The 
 constitution provides that the President shall appoint all 
 ambassadors, other pubhc ministers, and consuls, qo„^„i ^ 
 subject to the consent of the Senate; but once loroign 
 appointed, these oflBcers are under his sole control. 
 "They comnnmicate alone with the Executive through the 
 State Department. Instructions are sent to them, dispatches 
 forwarded, demands made, claims insisted on, principles 
 adopted and enforced, as the President deems proper." ' 
 The management of foreign affairs is entrusted to the De- 
 partment of State, at the head of which is the Secretary of 
 State, who acts under the direct personal control of the 
 President. 
 
 The President's power to receive ambassadors and other 
 public ministers is in most cases merely a ceremonial duty; 
 but it may involve important consequences, since Receiviiig 
 the President must exercise his discretion in reprewnt- 
 receiving, or refusing to receive, the minister '■^^^^ 
 from a state claiming to be independent, but whose inde- 
 pendence has not been generally recognized. Moreover, 
 he may refuse to receive a particular person in those excep- 
 tional cases where the foreign representative is personally 
 objectionable {persona non grata) to our government. 
 Should relations between the United States and a foreign 
 power become seriously estranged, the President may dis- 
 miss the foreign minister, thus involving a suspension of 
 diplomatic relations and the probability of war. The Pre- 
 sident's power of regulating foreign intercourse is a mo- 
 mentous one: he cannot declare war, but he can so conduct 
 
 * Fomeroy, J, N., ConttUutioaal Law, sec. 671. 
 
S06 GOVERNMENT AND POLITICS 
 
 foreign affairs as to incline the scale toward peace or 
 
 war/ 
 
 ^CUVu^j 
 
 a.^ M^o^Zy t^'iy,^^ d lift <L KbMH&tM. M OM) 
 
 ^P^X^^^;^^2§^ 0,^-^^^^^^"^ 
 
 LAST PAGE OF THE TREATY OF PARIS, 1898 
 TeTminating the War with Spain 
 
 379. The Power to make Treaties. By the constitution 
 the President is vested with the power to negotiate treaties 
 NeeoUatioii and conventions with other countries. The nego- 
 and ratiuoa- tiation of treaties is conducted by the President 
 through the Department of State; but during the 
 process of negotiation he generally consults with the Senate 
 
 < In 1846, before the outbreak of the Mexican War, President Polk ordered troopg into 
 the dinputed territory, where they were attacked by the Mexicans; and Congress then de- 
 clared that "war existed by the act of the Republic of Mexico." At a later date. President 
 Cleveland's famous Venezuelan message seemed Ukely to involve this country in war with 
 Gnat Britain, 
 
THE PRESIDENT'S POWEES AND DUTIES 307 
 
 committee on foreign relations, and with the leaders of the 
 senatorial majority. After the treaty has been framed, 
 it is submitted to the Senate, where it is discussed in exec- 
 utive or secret session. Ratification requires the affirmative 
 vote of two thirds of the Senators present. If finally ac- 
 cepted by both nations, duplicate parchment copies signed 
 by the accredited representatives are exchanged; and the 
 President then publishes the treaty by means of a proclama- 
 tion. By a provision of the federal constitution, treaties are 
 made a part of the supreme law of the land; and hence 
 any conflicting provision of a State law or constitution is 
 thereby abrogated.^ 
 
 380. Legislative Powers. The powers of the President 
 in legislation may be considered under three heads: (1) his 
 power of convening and adjourning Congress upon extra- 
 ordinary occasions; (2) his power to recommend desirable 
 legislation; (3) his power to veto any measure passed by 
 Congress. 
 
 381. Convening and adjourning Congress. Unforeseen 
 contingencies may arise during the recess of Congress which 
 imperatively require the assembling of that body ; hence 
 the constitution provides that the President may, "on 
 extraordinary occasions, convene both houses or either of 
 them." ^ A newly inaugurated President often calls an 
 extra session of the Senate alone, to consider nominations 
 to cabinet offices and other important positions; and in 
 exceptional cases it may be necessary to convene the Senate 
 in special session for the consideration of a treaty. 
 
 382. Power to recommend Legislation. The constitu- 
 tion enjoins upon the President the duty to "give to the 
 Congress information of the state of the Union, and re- 
 commend to their consideration such measures as he shall 
 judge necessary and expedient." ' Under Washington and 
 
 ^ Treaties and laws of Congress are of equal authority; and if there ia a conflict between 
 a statute and a treaty, the later law whether statute or treaty prevails; and the earlier OOM 
 is, to the extent of the conflict, displaced. 
 
 ' ConitUutim, Art. ii. Sec. 3 • Cotutitulion, Art. n, Sec. 3. 
 
808 GOVERNMENT AND POLITICS 
 
 Adams, it was the practice for the President to deliver an 
 oral address to the two houses assembled in joint convention. 
 Jefferson inaugm-ated the present custom of sending to 
 each house by a private secretary a written copy of the 
 annual message.' This document generally discusses the 
 important political questions of the day, points out defects 
 in existing legislation, and suggests remedies. It is not 
 customary for the President or his cabinet to prepare and 
 present bills, although proposed measures are often sub- 
 mitted to him for comment, and are sometimes drawn in 
 accordance with his suggestions. But with regard to most 
 legislation, the President's initiative is limited to suggest- 
 ing or outlining desirable policies; and for the adoption of 
 his recommendations he relies upon private conference 
 with members and committees, and upon personal in- 
 fluence with the party and committee leaders in each 
 house. 
 
 383. The Presidential Veto. By far the most important 
 of the President's legislative powers is his veto. Every bill, 
 
 „ . . order, resolution, or vote to which the concur- 
 modes ox ' ' ^ 
 
 dealing rence of the two houses is necessary (except a ques- 
 tion of adjournment or a proposed constitutional 
 amendment) must be presented to the President for his 
 approval. When a bill is sent to the President, he may deal 
 with it in one of four different ways. (1) He may sign it, 
 whereupon it becomes a law — the usual course with most 
 bills. (2) He may leave it unsigned, and at the end of ten 
 days (Sundays excepted), it becomes a law without his sig- 
 nature. (3) He may veto the bill — that is, return it with 
 his objections to the house in which it originated. The ob- 
 jections are then entered at large upon the journal, where- 
 upon the bill can become a law only by being passed by a 
 two-thirds vote of each house ; and the vote in such cases 
 must be by roll-call. (4) In case Congress adjourns before 
 
 ^ Id 1913, President Wilson followed the precedent established by Washington and Adams 
 and read his message to the two houses assembled in joint convention. 
 
THE PRESIDENT'S POWERS AND DUTIES 309 
 
 the expiration of the ten days given to the President 'for 
 the consideration of every bill, he may defeat the measure 
 by refraining from signing it — this being an exercise of the 
 so-called "pocket veto." 
 
 The presidential veto is thus a limited or qualified one, 
 operating as a salutary check on hasty or ill-advised legis- 
 lation. Originally designed as a check upon un- ^^^^^y ^ 
 constitutional measures, especially legislative en- ti» veto 
 croachments upon the executive or judiciary, the '"''" 
 veto power has been freely used in practice to defeat legisla- 
 tion deemed by the executive to be imwise or inexpedient.* 
 Hence the principle is now well settled that the President is 
 to use his independent judgment on every bill passed by 
 Congress, "not sheltering himself imder the representatives 
 of the people, or foregoing his own opinion at their bidding." 
 
 The use of the veto power is restricted by the fact that 
 the President must approve or reject the bill as a whole; he 
 cannot, for example, veto particular items in an 
 appropriation bill. Hence measures which other- 
 wise could not receive the executive sanction are sometimes 
 inserted as "riders" in appropriation bills, thereby com- 
 pelling the Executive either to accept the obnoxious rider, 
 or to incur the responsibility of defeating indispensable 
 appropriations. 
 
 384. Judicial Powers. The President has power "to grant 
 reprieves and pardons for offenses against the United States, 
 except in cases of impeachment." ^ "A pardon parioning 
 is an act of grace, proceeding from the power '"''" 
 entrusted with the execution of the laws, which exempts 
 the individual on whom it is bestowed from the punishment 
 the law inflicts for a crime he has committed." ^ The lan- 
 
 1 Throughout our natioDal history the presidential veto has been exercised nearly 600 
 times. Down to Jackson's administration but seven bills were vetoed. Jackson vetoed 12 
 bills; juuQson, SI; Grant, 43; Cleveland during his first administration. 301 (nearly all of 
 which were private pension or relief bills); McKinley, 14; and Roosevelt. 42. Out of the 
 total of 600 bills vetoed, only about 30 were subsequently passed by Congress over the 
 veto, and 16 of these were during Johnson's administration. 
 
 2 Conatitulion, Art. ii, Sec. 2. 
 
 • United States v. Wilson, 7 Pet. 160. 
 
810 GOVERNMENT AND POLITICS 
 
 guage conferring this power is general, and hence the par- 
 don may be absolute or conditional; may be issued before 
 or during the trial of the accused, or after conviction and 
 sentence; and may be granted to one or a class of individ- 
 uals. The President's power to pardon extends only to 
 offenses against federal, not State laws; and he cannot 
 pardon in case of impeachment. 
 
 A reprieve is simply the suspension of a sentence, de- 
 ferring its execution without changing the sub- ReprioTes 
 stance of the punishment. 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), sees. 337-351. 
 Baldwin, S. E., Modern Political Institutions (1898), no. IV. 
 Beard, C. A., American Government and Politics (1910), ch. x. 
 
 Readings in American Government and Politics (1910), ch. x. 
 
 Black, H. C, American Constitutional Law (1897), pp. 97-122. 
 
 Bryce, James, The American Commonwealth (1907), i, ch. vi. 
 
 Burgess, J. W., Political Science and Comparative Constitutional Lajfv (1902), 
 
 n, pp. 248-263. 
 Cooley, Thomas M., Constitutional Law (1898), ch. v. 
 Fairlie, J. A., National Administration of the United States (1905), chs. i-n. 
 Fish, C. R., The Civil Service and the Patronage (1905). 
 Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 
 
 LXXIII-LXXVII. 
 
 Harrison, Benjamin, This Country of Ours (1903), chs. vi-x. 
 
 Mason, E. C, The Veto Power (1890). 
 
 McClain, E., Constitutional Law (1905), chs. xix-xxni. 
 
 Pomeroy, J. N., Constitutional Law (10th ed., 1888), sees. 628-714. 
 
 Reinsch, P. S., Readings on American Federal Government (1909), chs. 
 
 I-III, XIII. 
 
 Story, J., Commentaries on the Constitution (5th ed., 1905), i, sees. 1489- 
 
 1572. 
 Tucker, J. R., Constitution of the United States (1899), n, pp. 715-752. 
 United States Civil Service Commission, Twenty-seventh Annual Report 
 
 for year ending June 30, 1910. 
 Wilson, Woodrow, Constitutional Government in the United States (1908), 
 
 ch. III. 
 Woodbum, James A., The American Republic and its Government (1908), 
 
 pp. 142-194. 
 
 QUESTIONS AND EXERCISES 
 
 1. May Congress assign to the President duties not specified in the con- 
 stitution? Or forbid the exercise of duties imposed by the constitution? 
 
 2. May Congress require the President to state reasons for an official 
 action? 
 
THE PRESIDENT'S POWERS AND DUTIES 311 
 
 3. May the President be sued on account of an official action? May he 
 be summoned as a witness? 
 
 i. What powers may the President exercise under his authority to exe- 
 cute the laws of the Union? 
 
 5. Prepare a report upon the military powers exercised by President 
 Lincoln during the Civil War. 
 
 6. Explain how the President may involve the coimtry in war notwith- 
 standing the right to declare war is vested in Congress. 
 
 7. Prepare a report upon the President's power to suppress domestic 
 violence as exemplified by President Cleveland's action in 1894. 
 (McClure's Magazine (1904), xxiii, 227-240.) 
 
 8. May Congress designate persons to be promoted in the military serv- 
 ice? In creating an office, may Congress designate the person who 
 shall fill it? 
 
 9. May Congress provide by law that an executive official shall hold 
 office during good behavior? 
 
 10. May Congress by statute require the heads of departments to be re- 
 sponsible directly to Congress? 
 
 11. Give a history of the Tenure of Office Act of 1867. 
 
 12. Has the Senate any control over removals? Why should the President 
 alone exercise the power of removal? 
 
 13. May Congress by statute provide that the President shall state rea- 
 sons for removals? 
 
 14. Prepare a list of the principal officers appointed by the President 
 subject to confirmation by the Senate; of officiab appointed by the 
 President alone; by the heads of departments. 
 
 15. Compare the President's power of appointment with that of your 
 State governor; of your mayor. 
 
 16. Make the same comparison with regard to the President's power of 
 removal. 
 
 17. May an official of the United States at the same time hold office under 
 a State or territorial government? 
 
 18. Prepare a report upon the Spoils System. 
 
 19. Prepare a report upon Civil Service Reform. 
 
 20. Examine a copy of the President's message to Congress and ascer- 
 tain: (a) what topics receive most consideration; (b) what recom- 
 mendations are made as to legislation. State which of these recom- 
 mendations were enacted into law. 
 
 21. May the President sign a bill after Congress adjourns? 
 
 22. May either house require the President to submit papers? 
 
 23. Was President Johnson bound to carry out the reconstruction acts 
 which he vetoed? 
 
 24. What would be the advantage of giving the President power to veto 
 part of a biD? How could this be done? 
 
 25. Discuss fully the treaty which closed the Spanish- American War, 
 especially (a) the process of negotiation, (b) the chief provisions, 
 (c) the method of ratification. 
 
 26. Has the House of Representatives any control over treaties? 
 
 27. Is there any limitation upon the President's pardoning power? 
 
CHAPTER XXVII 
 
 THE EXECUTIVE DEPABTMENTS 
 
 385. The Federal Executive Departments. Ten federal 
 executive departments have been created by Congress to 
 Oonsutn- assist the President in carrying out his executive 
 tioMi and administrative duties; and the heads of these 
 
 departments comprise what is popularly called 
 the President's cabinet. The executive departments are not 
 directly established by the constitution, but are recognized 
 in the clause providing that the President "may require 
 the opinion, in writing, of the principal officer in each of the 
 executive departments, upon any subject relating to the 
 duties of their respective offices." ' 
 
 The executive departments were organized by Congress 
 in the following order: — 
 
 State, 1789; War, 1789; Treasury, 1789; Post Office, 1794;' 
 Navy, 1798; Interior, 1849; Justice, 1870; ^ Agriculture, 1889;* 
 Commerce, 1903; Labor, 1913. 
 
 386. The President's Cabinet. The heads of these ten 
 departments are appointed by the President, subject to 
 Appoint- ^^® consent of the Senate. Since they are his con- 
 ment and fidential advisers, each President ordinarily forms 
 
 a new cabinet, the members of which hold office 
 during his pleasure. Sometimes the President selects for 
 cabinet poritiong men who have had little experience in 
 politics, but more frequently he chooses prominent party 
 
 » Coiufiiirfton, Art. Il, Sec. 2, Par. 1. 
 
 ' The Postzn&iter-GeDeral did not become a member of the cabinet until 1829. 
 
 ' The ofGce of attorney-general has existed since 1789, although the Department of 
 Justice was not organized in its present form until 1870. 
 
 ^ The Department of Agriculture was organized in 1862, but the Secretary did not 
 become a cabinet officer until 1889, 
 
THE EXECUTIVE DEPAKTMENTS SIS 
 
 leaders. Cabinet meetings are generally tield tydce a week 
 during the greater part of the year, special meetings being 
 called as occasion demands. The President also confers 
 frequently with individual members. The cabinet is an 
 advisory body only, and the President may act in opposi- 
 tion to the wishes of any or all of his secretaries. 
 
 The American cabinet is in marked contrast with the 
 cabinet in Great Britain and many other European coun- 
 tries. There the term cabinet denotes a parlia- American 
 mentary ministry, that is, a group of men chosen p^an oas- 
 from the majority party in the legislature, to which *"*** 
 body they are accountable. The cabinet members have 
 seats in the legislature, where they initiate legislation and 
 defend the measm-es which they introduce. ResponsibiUty 
 for the administration rests upon them, and when they 
 cease to have the support of a majority of the legislatiu-e, 
 they are expected to resign, in order that a new cabinet 
 may be formed. The American cabinet, on the other hand, 
 is accoimtable not to the legislature but to the President. 
 Its members may not serve in Congress, and hence they 
 do not introduce and defend measures in that body. An 
 adverse vote of Congress could not remove them from 
 office, since they are appointed by the President, and re- 
 sponsible to him for their administration of affairs. ^ 
 
 387. The Department of State. The Secretary of State 
 ranks first among the members of the cabinet. His chief 
 duty is to conduct the foreign affairs of the govern- c„„,„i „, 
 ment under the direction of the President. He itreign 
 
 . . , 1 affairs 
 
 issues instructions to our mmisters and consuls, 
 conducts treaty negotiations, receives and presents to the 
 President the representatives of foreign powers, issues 
 passports to American citizens traveling abroad, and in 
 general has charge of all matters relating to foreign affairs. 
 The Secretary of State also has important domestic 
 
 ' Congress of course eilkrciae;] indirect control over the necutire departments through 
 its power to make appropriations, to investigate the management of any department, 
 and to impeach any executive official for misconduct. 
 
814 GOVERNMENT AND POLITICS 
 
 duties. He has the custody of the great seal of the United 
 Domsstio States; has charge of the pubUcation of federal 
 *""•' statutes and executive proclamations; keeps the 
 
 archives containing the originals of all laws, treaties, and 
 foreign correspondence; and serves as the medium of com- 
 munication between the President and the State govern- 
 ors. 
 
 The Department of State includes seven bureaus — the 
 
 diplomatic bureau, consular bureau, and the bureaus of 
 
 indexes and archives, of accounts, of rolls and 
 
 Bnieaus , .... 
 
 library, of appointments, and of citizenship. At 
 the head of each bureau is a chief; and the Secretary of 
 State is further aided in his work by three assistant secre- 
 taries of state, who have immediate supervision of diplo- 
 matic and consular correspondence. 
 
 388. Department of the Treasury. The chief business- 
 of the Treasm-y Department is the supervision of the na- 
 Duties oi tional finances. The Secretary of the Treasury 
 SeoistaiT prepares plans for the improvement of the public 
 revenue, and annually submits to Congress estimates of 
 probable receipts and expenditures. He supervises the col- 
 lection of customs and internal revenue; prescribes the 
 forms for keeping pubUc accounts; issues warrants for all 
 money paid out of the treasury; selects the depositories of 
 pubhc moneys; makes loans by issuing bonds for the pro- 
 tection of the gold reserve or other purposes; and super- 
 vises the many bureaus in the Treasury Department. Three 
 assistant secretaries have immediate charge of certain bu- 
 reaus, and perform such other duties as the Secretary may 
 assign to them. 
 
 The department organization includes the following of- 
 ficers: six auditors, the comptroller of the treasury, the 
 Depart- treasurer, the register, the comptroller of the cur- 
 mental or- rency, commissioner of internal revenue, director 
 of the mint, director of the bureau of engraving 
 and printing, chief of the secret-service division, superin- 
 
THE EXECUTIVE DEPARTMENTS 816 
 
 tendent of the life-saving service, the supervising architectj 
 and the surgeon-general. 
 
 389. Work of the Treasury Department. All accounts of 
 the government are examined and passed upon by the six audit- 
 ors of the treasury. Every public officer who pays out 
 money must submit an account with proper vouchers, an^CorB 
 and these are scrutinized by one of the six auditors. 
 Thus the auditor for the War Department passes upon all accounts 
 pertaining to that department; and one auditor is also assigned 
 to each of the following departments: Treasury, Navy, Interior, 
 Post Office, and State and other departments. 
 
 From the decision of an auditor concerning a claim, an appeal 
 may be taken to the comptroller of the treasury, who is a superior 
 supervising officer of accounts. The comptroller's de- _ 
 cision is final, and cannot be reviewed except by the 
 courts. AU warrants for the disbursement of money must be coun- 
 tersigned by this officer. 
 
 The treasurer has charge of all public money, and receives and 
 pays it out upon warrants issued by the Secretary of the Treas- 
 ury. The treasurer also redeems the national-bank m,„.„„ 
 notes, holds as trustee the United States bonds depos- 
 ited to secure the national-bank circulation, pays the interest on 
 the public debt, and performs other miscellaneous duties. 
 
 The register of the treasury signs and issues all bonds, treasury 
 notes, and coin certificates, also all transfers convey- n.-ig,„ 
 ing moneys from the treasury to the sub-treasuries or to 
 the public depositories.^ He also receives, examines, and registers 
 all redeemed notes and securities of the United States. 
 
 The comptroller of the currency is charged with the execution 
 ■t>f the national-banking laws. He supervises the na- oomptroUer 
 iional banks, appoints examiners who inspect these ol tie 
 institutions, and superintends the issue of bank-note """^""y 
 currency. 
 
 The commissioner of internal revenue has charge of the col- 
 lection of internal revenue, the chief source of which (jj^uuij. 
 is the tax on distilled spirits, fermented liquors, tobacco, gloner oJ 
 and oleomargarine. The commissioner is aided by a col- Jiitonial 
 1 J. i • i revenue 
 
 lector m each revenue district. 
 
 The director of the mint has general supervision of all mints 
 
 ' The public moneys are deposited in the treasury at Washington, or in sub-treasuries 
 at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, New Or- 
 leans, and San Francisco; or in certain banks designated as public depositories. 
 
316 GOVERNMENT AND POLITICS 
 
 and assay offices,^ and prepares annual reports upon the opep- 
 DlreotoT ol ations of the mints, and upon the production of the 
 tie mint precious metals. 
 
 The director of the bureau of engraving and printing has charge 
 Bnrean ol "^^ ^^^ designing, engraving, and printing of all steel 
 engraving engraving work for the government, including bonds 
 and printing g^^^j securities of the United States, national-bank notes, 
 internal-revenue stamps, postage and customs stamps, patent and 
 pension certificates. 
 
 The secret service is a body of detective agents chiefly concerned 
 Secret- with the discovery of frauds and crimes against the 
 
 service federal government, especially counterfeiting coins and 
 
 division 
 
 currency. 
 
 The life-saving service in charge of a general superintendent 
 Life-saving manages several hundred stations located at dangerous 
 servlee points on the oceans and the great lakes. 
 
 The supervising architect has charge of the selection of sites, 
 Supervising and the construction and maintenance of all public 
 areliltect buildings belonging to the federal government. 
 
 The surgeon-general of the public -health service has charge of 
 Surgeon- the marine hospitals of the United States, controls the 
 general national quarantine service, and supervises the medical 
 
 examination of immigrants. 
 
 390. The Department of War. The Secretary of War has 
 charge of all matters pertaining to national defense and sea- 
 Duties of coast fortifications, the administration of the in- 
 Secretaiy gular possessions, river and harbor improvementSj 
 and the prevention of obstructions to navigation. He pre- 
 pares estimates of appropriations for the expenses of his 
 department, supervises all expenditures for the support and 
 transportation of the army, issues orders for the movements 
 of troops, recommends appointments and promotions, and 
 has charge of the Military Academy at West Point. 
 
 The administrative work of the War Department is car- 
 ried on by eleven bureaus. At the head of each is an army 
 AdmiBistra- officer detailed for a period of four years. These 
 tiveDureans officers are as follows, the title indicating the 
 functions of each bureau: the adjutant-general, the in- 
 
 * United Statea mints are located at Philadelphia, San Francisco, New Orleans, and 
 Denver. 
 
\By courtesy of the Monahan Express Company) 
 
 THE POST OFFICE AT NEW YORK CITY 
 
 The trucks in the foreground are used in the Parcel Post delivery service. A legend 
 on the cornice of the building reads: "Neither snow, nor rain, nor heat, nor gloom of 
 night stays these couriers from the swift completion of their appointed rounds." 
 
 •|.-|-H|"H^ f 
 
 'fiip_ ■ ^* J- 1 1 X ft -i 
 
 THE POST OrFICE AT ATLANTA, GEORGIA 
 One of tlie newest buildings. 
 
 ™() 
 
As. 
 
 imrnT 
 
 
 !y-i .^.'^tfcijgfa,.iJgbi^iigi)^^^^;^"'(^wX 
 
 THE LIBRAEY OF CONGRESS 
 "Washington, D. C. 
 
 'I -^ I"! 
 
 
 Lis' jt^^=^' f f ' ^ ' ' ' I i ^ L^^a 
 
 ^ L.a.^i ^l.^^^Mm^zt^^msi.i 
 
 THE PATENT OFFICE 
 Washington, D. C. 
 
THE EXECUTIVE DEPAETMENTS 317 
 
 spector-general, the surgeon-general, the chief of ordnance, 
 the chief signal officer, the chief of engineers,' the chief of 
 the coast artillery division, chief of the division of militia 
 affairs, chief of the quartermaster corps, the judge-advo- 
 cate-general, and the chief of the bureau of insular affairs. 
 
 In order to unify the work of the several bureaus, and to 
 harmonize the relations between the staff officers (in charge 
 of bureaus) and the hne officers (in charge of The general 
 troops). Congress in 1903 created the general ^^^ 
 staff, which is in effect a supervising military bureau. The 
 chief of staff, an army officer designated by the President 
 for a term of four years, has general supervision over the 
 eleven administrative bureaus, as well as control of all 
 troops of the line. In addition to the chief, the general 
 staff consists of officers of various ranks who prepare plans 
 for the national defense, investigate and report upon the 
 efficiency of the army, advise the Secretary of War, and 
 aid in coordinating the work of the several administrative 
 bureaus. 
 
 391. The Department of Justice. The Attorney-General 
 is the head of the Department of Justice, and the chief law 
 officer of the government. He represents the gov- no Attor- 
 emment in all cases to which the United States nsy-Q™"*! 
 is a party, and gives his advice and opinion concerning ques- 
 tions of law to the President or the heads of the executive 
 departments." He exercises general supervision over the 
 federal district attorneys and marshals,' receiving their re- 
 ports and examining their accounts; examines the titles of 
 lands which the government intends to purchase for public 
 purposes; and makes an annual report to Congress concern- 
 ing the business of his department. To the Department of 
 
 1 The chief of engineers, assisted by a corps of engineers, is charged with the construction 
 and repair of fortifications, mihtary roads, and bridges; and also with other important du- 
 ties, as the supervision of river and harbor improvements, and of geographical explorations 
 and surveys. 
 
 ' The opinions of the Attorney-General are published from time to time by the govern- 
 ment, and are regarded as of high authority upon the questions involved. 
 
 s One district attorney and one marshal is appointed in each of the judidal districts of the 
 United States. 
 
318 GOVERNMENT AND POLITICS 
 
 Justice is also assigned supervision of the penal and reform- 
 atory institutions of the United States, the investigation of 
 applications for pardons, and supervision of the commission 
 to codify the federal criminal laws. 
 
 The second law oflScer of the Department is the solicitor- 
 soUoitor- general, who assists in the general duties of the 
 general Department and acts as Attorney-General in case 
 of vacancy in that office. 
 
 392. Post-Office Department. The Postmaster-General is 
 charged with the general supervision of the postal service, 
 snties oi ^^ awards and executes contracts for the trans- 
 Postmas- portation of the mails, and directs the manage- 
 ment of the domestic and foreign mail service. 
 There are four assistant postmasters-general, each of whom 
 has charge of a group of services within the department. 
 
 The business of carrying letters ' is a government mon- 
 Letter- opoly> private competition being strictly pro- 
 
 oarryinga hibited. In the carrying of books or merchan- 
 dise, competition is allowed, and the sender may 
 choose between the express company and the postal service. 
 
 In many European countries, the post office department 
 through the parcel post carries on what amounts to an 
 Paioei express business. Yielding to a general demand 
 
 '°** for a similar service in this country, Congress in 
 
 1912 authorized the establishment of a parcel post. 
 Packages weighing up to fifty pounds may now be sent 
 through the post office. Books, too, are admitted to the 
 parcel post. 
 
 Both domestic and international money-orders are issued 
 by the post office. Money may be transmitted by deposit- 
 Honey- ing the desired amount with the local postmaster, 
 ordeni ^j^^ issues an order directing the postmaster of 
 
 the place to which the money is to be sent to pay the 
 sum to the person named in the order. A nominal fee is 
 charged, varying according to the amount of the order. 
 
 1 Letters or packages may be registered at the post office upon payment of ten cents besides 
 postage. In case of loss the 
 
THE EXECUTIVE DEPARTMENTS S19 
 
 Nearly all the principal countries conduct a system of 
 postal savings-banks in connection with the post office, 
 and Congress in 1910 authorized such a system postal aav- 
 for the United States. The telegraph system in '"ss-Dauis 
 foreign countries is commonly controlled through this 
 department, but in the United States it has remained in 
 private hands. 
 
 The United States is a member of the Universal Postal 
 Union, which includes all important countries in a single 
 postal territory for the reciprocal exchange of cor- universal 
 respondence. A uniform rate of postage is fixed, ^o^**! union 
 and the mail facilities of each country are placed at the 
 service of all the others. At stated intervals an accounting 
 is made to adjust the balances. 
 
 393. Department of the Navy. The Secretary of the Navy, 
 aided by an assistant secretary, superintends the construc- 
 tion, armament, and employment of war vessels, duUbs oi 
 and also exercises general supervision over the S^""'"? 
 naval service. This Department has charge of the Naval War 
 College at Newport, and the Naval Academy at Annapolis. 
 
 The administrative work of the Department is carried 
 on by seven bureaus, the names of which indicate the work 
 done. These are the bureaus of ordnance, naviga- 
 tion, yards and docks, supplies and accounts, 
 steam engineering, medicine and surgery, and construc- 
 tion and repairs. Most of these are in charge of line officers 
 of the navy, commonly having the rank of rear admiral; 
 and other naval officers are assigned to bureau duties 
 from time to time, this service alternating with service 
 
 394. Department of the Interior. In the importance and 
 diversity of its business, the Department of the Interior 
 ranks as one of the greatest of the executive de- Diversity 
 partments. The Secretary of the Interior (aided """""" 
 by two assistant secretaries) is charged with the super- 
 vision of the public lands and surveys, pensions, patents. 
 
320 GOVERNMENT AND POLITICS 
 
 Indian affairs, education, and the geological survey. He 
 also supervises the national parks and reservations, and 
 the organized territories; distributes the appropriations for 
 agricultxiral and mechanical colleges throughout the Union; 
 and supervises certain hospitals and charitable institutions 
 in the District of Columbia. 
 
 The business of the Department is carried on by various 
 
 bureaus: the general land office, bureau of patents, bureau 
 
 of pensions, office of Indian affairs, bureau of edu- 
 
 Bnieans , i . i i • 
 
 cation, geological survey, reclamation service, 
 and the bureau of mines. Each bureau is in charge of a 
 principal officer called a commissioner,'^ who is appointed 
 by the President with the consent of the Senate. 
 
 395. The General Land Office. The commissioner of the 
 general land ofl&ce has charge of the survey, management, and sale 
 
 of the public domain.'' Nearly two thirds of the present 
 domain " ^""^^ °^ ^^® United States has at one time or another 
 
 formed a part of the public domain belonging to the 
 national government. This immense territory has been acquired 
 by cession, purchase, and conquest.' The greater part has been 
 disposed of in various ways, chiefly by sale at a nominal price to 
 individual settlers, or as bounties for military or naval service, or 
 as grants to corporations for the purpose of aiding the construc- 
 tion of railroads, or as grants to the States in aid of education 
 and internal improvements. 
 
 About 700,000,000 acres of public lands are still owned by 
 the national government, more than one half of which is in Alaska, 
 
 and most of the remainder in the States west of the 
 Homesteal jq^^^j^ meridian. Under the Homestead Act, any adult 
 
 citizen of the United States who is the head of a family, 
 and is not already the proprietor of 160 acres of land, is entitled to 
 enter a quarter section (160 acres) of unappropriated public land. 
 He may acquire title by maintaining his residence upon it, im- 
 proving and cultivating the land for a period of three years, and the 
 payment of nominal fees. 
 
 1 Except the geological survey, bureau of mines, and reclamation service, whose chief 
 officers are called directors. 
 
 ' Throughout the earlier years of our history, the Secretary of the Treasury was in charge 
 of the public domain. In 1812 the ofiBce of commissioner of the general land office was created 
 as a bureau in the Treasury Department. In 1849 the land office bureau was transferred to 
 the Interior Department. 
 
 ' A list of our territorial acquisitions is given in Section 482. 
 
THE EXECUTIVE DEPARTMENTS 321 
 
 Generally, before public land is opened for sale, it must be 
 surveyed according to the rectangular system adopted in the 
 Ordinance of 1785. Under this plan the lands are di- 
 vided by north and south lines along the true meridian, pui,uo laxoa 
 and by others running east and west so as to form town- 
 ships as nearly as possible six miles square. Townships are 
 divided into sections, one mile square or 640 acres, as nearly as 
 may be; and the sections in each township are numbered con- 
 secutively from one to thirty-six. Sections are further subdivided 
 into half-sections of 320 acres, and quarter -sections of 160 acres. 
 
 396. Other Bureaus of the Interior Department. The 
 commissioner of patents is charged with the administration of 
 the patent laws. He performs important duties of a commla- 
 judicial nature, since he acts as a tribunal in deciding sloner of 
 whether a patent may be granted, and in settling dis- 5*""" 
 putes between rival claimants to the same invention. The com- 
 missioner is aided by an assistant commissioner, a board of three 
 examiners-in-chief, and a large staff of examiners, clerks, and assist- 
 ants. The Patent OflSce is self-supporting, the fees from patents 
 more than covering the expenditures of the office.^ 
 
 The commissioner of pensions, aided by two deputy commis- 
 sioners, supervises and decides claims for pensions on account of 
 military or naval service. Pension agencies located in oommls- 
 various parts of the country facilitate the payment of sloner of 
 claims. In the granting of military pensions the United l""^''"'^ 
 States has been more liberal than any other nation, having paid 
 out for this purpose a total of over four billion dollars.^ 
 
 The bureau of Indian affairs looks after matters pertaining 
 to the Indian tribes, especially their lands, moneys, sup- cj^miig. 
 plies, and schools. Since 1871 Congress has recognized sloner of 
 the actual status of the Indians as wards of the govern- ^"'^ 
 ment, and has dealt with them as individuals, rather 
 than as tribes; and so far as possible, lands have been allotted 
 to them in individual ownership. 
 
 1 For a discussion of the subject of patents, see Section 619. 
 
 2 The amounts that have been paid for pensions to soldiers, sailors, and marines, their 
 widows, minor children, and dependent relatives in the several wars and in the regular 
 service since the foundation of the Government to June 30, 1913, are as follows; 
 
 War of the Revolution (estimate) ... $70,000,000.00 
 
 War of 1812 (service pension) .... . 46,9*3,014.46 
 
 Indian wars (service pension) . 12,241,273.61 
 
 War with Mexico (service pension) 47,232,672.34 
 
 CSvil War 4,294,696,944.47 
 
 War with Spain and insurrection in Philippine Islands 42,186,230.84 
 
 Regular establishment 28,461,369.62 
 
 Dnclassified 16,499.419.44 
 
 Total disbursements for pensions $4,667,139,824.68 
 
322 GOVEENMENT AND POLITICS 
 
 There are now about 100 Indian reservations, most of them 
 west of the Mississippi, with a total area of 40,000,000 acres, and 
 a population of 322,000 Indians. Generally the Indians 
 i«sorvatlon» °^ these reservations maintain their tribal organiza- 
 tion; but the present policy of our government is to dis- 
 continue the tribal organizations, and amalgamate the Indians into 
 the body politic by making them self-supporting individuals. 
 Nearly 300 reservation schools are maintained by the federal gov- 
 ernment, besides twenty-five Indian schools in other parts of the 
 country, the most famous being those at Hampton and Carlisle. 
 
 It is the duty of the commissioner of education to collect 
 statistics as to the condition and progress of education in the 
 Commls- various states and in foreign countries; to diffuse in- 
 sloner ol formation respecting the organization and management 
 elncatlon ^j school systems and methods of teaching; and in gen- 
 eral to promote the cause of education throughout the country. 
 Under our system of government, direct control of the public- 
 school system is in charge of the individual States; and hence 
 the duties of the bureau of education are chiefly advisory. Never- 
 theless, the investigations and reports of the bureau have been of 
 the greatest value to educators, especially the annual report, which 
 gives detailed statistics concerning public and private education 
 in the United States, as well as a summary of educational work in 
 foreign countries. 
 
 The director of the geological survey has charge of the classi- 
 oaioooJtlie fication of public lands, and the examination of the 
 Geological geological structure, mineral resources, and products 
 Snirey ^£ ^^^ national domain. 
 
 The director of the reclamation service has charge of the sur- 
 vey, construction, and operation of irrigation works on arid lands. 
 ■Plio In many parts of the West, the federal government is 
 
 reclamation performing an economic service of the highest value 
 serrloe j^ reclaiming vast areas of desert land through the 
 
 construction of great irrigation dams and reservoirs. The lands 
 irrigated in this way are sold to actual settlers upon small annual 
 payments, which will ultimately cover the cost of constructing 
 the irrigation works; and the funds thus obtained are used for 
 the construction of additional reclamation projects. In this way, 
 hundreds of thousands of acres of desert land are being made 
 highly productive. 
 
 397. The Department of Agriculture. The Secretary of 
 Agriculture has general supervision over all scientific in- 
 
THE EXECUTIVE DEPARTMENTS 323 
 
 vestigations relating to the agricultural industry. He directs 
 the investigations and experiments designed to woiitoiuio 
 give farmers useful information concerning soils, "^w"^™* 
 grains, fruits, and stock. Through his Department, mil- 
 lions of packages of seeds are distributed gratuitously, and 
 with them is sent information obtained by constant experi- 
 ment. The Secretary has charge of quarantine stations 
 for imported cattle, and the inspection of domestic meats 
 and imported food products. The Department issues a 
 large number of scientific and technical publications, in- 
 cluding the Year-Book, the series of Farmers' Bulletins, 
 the Monthly Weather Review, and the Crop Reporter. 
 
 The organization of the Department of Agricultmre in- 
 cludes the following bureaus and divisions, the titles of 
 which indicate the nature of the work performed: Department 
 the weather bureau, bureau of animal industry, "B"^^»'ion 
 bureau of plant industry, forest service, bureau of chemistry, 
 bureau of soils, bureau of statistics, bureau of entomology, 
 bureau of biological survey, office of experiment stations, 
 division of accounts and disbursements, division of pubhca- 
 tions, library, and oflBce of public roads. 
 
 The weather bureau renders especially important service in 
 forecasting storms, thus preventing many losses to agriculture 
 and commerce. Meteorological observations are taken 
 at over two hundred stations, and the information is imegm 
 forwarded to the central oflBce at Washington, where 
 weather predictions for the succeeding day or days are made. The 
 predictions are given to the public through a system of flag sig- 
 nals, by the distribution of weather maps, and by publication 
 in the daily papers. 
 
 The forest service has charge of the national forest reserves, 
 now amounting to about 190,000,000 acres. By creating these 
 reserves, the federal government has checked the 
 threatened deforestation of our country; and the con- ^^^^ce 
 stant patrolling by forest-service rangers has prevented 
 many disastrous fires, as well as thefts by lumber thieves. From 
 time to time the forest service plants large areas with trees suit- 
 able to the cUmate and soil of the particular region. 
 
324 GOVERNMENT AND POLITICS 
 
 398. Department of Commerce. The Department of 
 Commerce, created by Congress in 1903, "fosters, promotes, 
 Functions oi ^^id develops the foreign and domestic commerce, 
 Depaitment ^-j^g mining, manufacturing, shipping, and fishing 
 industries, and the transportation facilities of the United 
 States." This Department has charge of the promotion 
 of American manufactures, the census, statistics, light- 
 houses, coast survey, and steamboat inspection. 
 
 The Department organization includes many important 
 
 bureaus: the bureau of foreign and domestic commerce, 
 
 bureau of lighthouses, bureau of the census, 
 Bureaus , . , . . 
 
 coast and geodetic survey, steamboat-mspection 
 
 service, bureau of fisheries, bureau of navigation, and bu- 
 reau of standards. 
 
 399. Department of Labor. This is the youngest of the 
 executive departments, having been created in 1913. The 
 
 department of labor performs for the labor inter- 
 
 Servloos 1. 1 • ■ -i i ii 
 
 ests of the country services similar to tnose per- 
 formed for agriculture and commerce by their respective 
 departments. It collects and publishes information upon all 
 subjects connected with labor, especially its relation to capi- 
 tal, the hours and wages of labor, and the means of advanc- 
 ing the interests of the laboring classes. The department 
 serves the general public, as well as labor and capital, by 
 endeavoring to preserve industrial peace, and to adjust 
 labor disputes through conciliation. 
 
 One of the most important bureaus in this department is 
 the bureau of immigration, which supervises the admin- 
 istration of our immigration laws. There is also 
 
 Bureans , ., , , , i ■ i • 
 
 a children s bureau, which investigates matters 
 pertaining to the welfare of children and child life, such as 
 the employment of children in industry, especially in dan- 
 gerous occupations; also such subjects as infant mortality, 
 desertion, orphanage, and juvenile courts. 
 
 In addition to these ten executive departments, the heads 
 of which form the President's cabinet, there are several 
 
THE EXECUTIVE DEPARTMENTS 325 
 
 independent boards and commissions which perform exec- 
 utive business not assigned to any of the depart- j^^^ ^^^^^ 
 ments. The most important of these are the In- hoards and 
 terstate Commerce Commission, Federal Trade "'°™"''"'"* 
 Commission, the Civil Service Commission, the Congres- 
 sional Library, the Government PrintLng-Office, the Inter- 
 national Bureau of American Republics, and the Smith- 
 sonian Institution. 
 
 GENERAL REFERENCES 
 
 Ashley, Roscoe, The American Federal State (1903), pp. 303-313. 
 Beard, C. A., American Government and Polities (1910), ch. xi. 
 
 Readings in American Oovernment and Politics (1910), ch. xi. 
 
 Bryce, James, The American Commonwealth (1907), i. pp. 86-96. 
 Congressional Directory, Summary of Departmental Duties (1909), pp. 
 
 291-322. 
 Fairlie, John A., The National Administration of the United States (1905), 
 
 pp. 54-262. 
 Finley, John H., The American Executive and Executive Methods (1908), 
 
 ch. XVI. 
 Ford, H. J., The Rise and Growth of American Politics (1898), pp. 383- 
 
 396. 
 Forman, S. E., Advanced Civics (1905), ch. xix. 
 
 Goodnow, F. J., Comparative Administrative Law (1903), i, pp. 127-161. 
 Harrison, B., This Country of Ours (1903), pp. 181-299. 
 Hart, A. B., Actual Government (1903), pp. 276-282. 
 Lowell, A. L., Essays on Government (1889), no. i. 
 
 Reinsch, P. S., Readings on the American Federal Government (1909), ch. IX. 
 Various Authors — History- Making, The Story of a Great Nation (l910). 
 Woodburn, J. A., The American Republic (1908), pp. 189-194. 
 
 QUESTIONS AND EXERCISES 
 
 1. What is the meaning of "department" as the term is used in the con- 
 stitution? Why is our cabinet said to be extra-constitutional? 
 
 2. How are cabinet officers appointed and confirmed? How may they 
 be removed? 
 
 3. Could Congress require the President to consult and follow the judg- 
 ment of his cabinet? 
 
 4. Could Congress by statute give seats in either house to cabinet officers? 
 What would be the advantages of this plan? 
 
 5. Discuss the relations between the departments and the congressional 
 committees. (McConachie, L. G., Congressional Committees, p. 221.) 
 
 6. Discuss the advantages of the British cabinet system. 
 
 7. Name the members of our present cabinet. Which States are repre- 
 sented? Describe the previous public service of its members. 
 
 8. Consult the Congressional Directory and other sources, and prepare 
 a short report upon the duties of the State Department. 
 
326 GOVERNMENT AND POLITICS 
 
 9. Contrast the position of our Secretary of the Treasury with that of 
 the finance minister of a European country. (Reinsch, P. S., Read- 
 ings on American Federal Government, pp. 367-368.) 
 
 10. Prepare a brief report upon the fiscal business of the Treasury De- 
 partment. (Congressional Directory; Reinsch, P. S., Readings, pp. 
 362-377.) 
 
 11. Prepare a report upon the miscellaneous business of the Treasury 
 Department. (Congressional Directory; Reinsch, P. S., Readings, pp. 
 363-364.) 
 
 12. Describe the work of the secret-service bureau. (Wilkie, John E., in 
 History-Making, pp. 21-28.) 
 
 13. Report upon the work of the bureau of the mint. (Leach, Frank A., 
 in History-Making, pp. 133-137.) 
 
 14. What is meant by the statement that " the Secretary of the Treasury 
 came to the aid of the money market " ? 
 
 15. Report upon the functions of the several bureaus of the War Depart- 
 ment. (Congressional Directory.) 
 
 16. Compare the position of Attorney-General with that of your State's 
 attorney; also with that of the prosecuting attorney of your county, 
 and of your city solicitor. 
 
 17. Prepare a report upon the functions of the Department of Justice. 
 (Congressional Directory; also, Bonaparte, Charles J., in History- 
 Making, pp. 35-39; Reinsch, P. S., Readings, pp. 377-381.) 
 
 18. Cite facts which tend to prove that our post office is the largest business 
 enterprise in the world. 
 
 19. Give arguments for and against government ownership of railways 
 and telegraph lines. 
 
 20. Prepare a report upon the duties of the Navy Department. (Congres- 
 sional Directory; also Newberry, J. H., in History-Making, pp. 68-66.) 
 
 21. Report upon the work of the general land office. (Congressional 
 Directory; also Dennett, Fred, in History- Making, pp. 40-43.) 
 
 22. Describe the work of the reclamation service. (Newell, E. H., in His- 
 tory-Making, pp. 188-190.) 
 
 23. Describe the work of the weather bureau. (Moore, W, L., in History- 
 Making, pp. 149-154.) 
 
 24. In what ways does the federal government promote agriculture? 
 
 25. Prepare a report upon the scientific work of the federal government. 
 {History-Making, pp. 29, 83, 98, 149, 183, 188; Reinsch, P. S., Readings, 
 pp. 419-432.) 
 
 26. Describe the purpose and work of the bureau of corporations. (Reinsch, 
 P. S., Readings, pp. 529-537.) 
 
 27. Prepare a report upon the Congressional Library. (Putnam, Herbert, 
 in History-Making, pp. 138-148.) 
 
 28. Discuss the work of the Civil Service Commission. (Kaye, P. L., Read- 
 ings in Civil Government, pp. 232-242; Reinsch, P. S., Readings, pp. 
 683-702.) 
 
 29. Describe the work of the census bureau. 
 
 30. Readings on the executive departments: Kaye, P. L., Readings, pp. 
 211-225; Reinsch, P. S., Readings, pp. 362-460; Beard, C. A., Read- 
 ings, ch. IX. 
 
(By courtesy of Foster and Reynohls) 
 THE STATE, WAK, AND NAVY DEPARTMENTS 
 
 tfUI'KEJlE COURT CIlAMIiliR 
 
CHAPTER XXVIII 
 
 THE FEDERAL JUDICIARY 
 
 400. Necessity of a Federal Judiciary. Under the Art- 
 icles of Confederation there was no provision for a federal 
 judiciary. 1 Hence the laws and treaties of Congress were 
 not addressed to individuals as commands, for violation 
 of which the courts would enforce a penalty; but were 
 merely requests or recommendations addressed to sover- 
 eign States. With the establishment of a new government 
 possessing the attributes of nationality and empowered to 
 pass laws operating directly upon individuals, a national 
 judiciary was essential in order to interpret and apply those 
 laws, and to enforce a penalty for their violation. The 
 creation of the federal judiciary as an independent and co- 
 ordinate department of the government,^ with final power 
 to decide as to the interpretation and constitutionality of 
 legislative and executive acts, was the unique and crowning 
 achievement of the Constitutional Convention of 1787. 
 
 401. The National Courts. The constitution vests the 
 judicial power of the United States in one Supreme Court, 
 and in such inferior courts as Congress may see fit jnUoiary 
 to establish. In accordance with this provision, Ao'o'i'sg 
 Congress in 1789 passed the Judiciary Act drafted by 
 Oliver Ellsworth, which with modifications still forms the 
 basis of our judicial system. This act organized the Su- 
 
 1 The Confederation Congres3 was made a court of appeal in case of disputes between 
 two or more States concerning boundaries, jurisdiction, and other causes; and Congress 
 was authorized to erect admiralty courts with certain powers. But neither Congress nor 
 these courts had the all-important power of enforcing their judgments. 
 
 2 "The judicial department is ultimately dependent on the executive department to 
 enforce its judgments if resisted, and upon the legislative department for the appropria- 
 tion of the funds necessary to enable it to continue in existence and discharge its functions." 
 McClsin, E., ContHtutional Law in the United Statet, pp. 219-220 
 
S28 GOVERNMENT AND POLITICS 
 
 preme Court, and also created circuit and district courts; 
 it apportioned the federal jurisdiction among the three 
 grades of courts; created the office of Attorney-General, 
 and provided for a marshal in each judicial district. 
 
 In 1891 Congress created nine "circuit courts of appeals" 
 in order to relieve the Supreme Court of part of its former 
 Threa grades appellate jurisdiction. By an act which became 
 oi courts effective January 1, 191^, Congress abolished the 
 circuit court, vesting its former powers and duties in the dis- 
 trict court. Hence there are now three grades of federal 
 courts — the Supreme Court, the circuit court of appeals, 
 and the district court. 
 
 402. Federal Judges. In 1911 the number of federal 
 judges was as follows: Supreme Court justices, nine; cir- 
 Number, *^uit judges, twenty-nine; district judges, ninety- 
 appoint- one. All United States judges are appointed by 
 mont, torn , -r, • ^ , ■ « -i i 
 
 the President, subject to confirmation by the 
 
 Senate; and their term of office is for life, or during good 
 behavior. Federal judges are thus made independent both 
 of the appointing power and of the popular will, since they 
 can be removed from office only by conviction on impeach- 
 ment charges. 
 
 Judges receive a compensation which may be increased 
 but cannot be diminished during their continuance in office. 
 Compoasa- The justices of the Supreme Court are paid 
 **°" $14,500 a year (the chief justice receiving an 
 
 additional $500); circuit judges, $7000; and district judges, 
 $6000. Any judge who has held his commission at least 
 ten years may resign on attaining the age of seventy years, 
 and continue to draw full salary during the remainder of 
 his life. 
 
 403. Jurisdiction of the Federal Courts. The federal 
 courts authorized by the constitution are courts of limited, 
 Limitod not of general, jurisdiction; that is, they have 
 IniiidioUon authority to try only such cases as are specifically 
 placed within their jurisdiction by the provisions of the 
 federal constitution and the laws enacted by Congress. 
 
THE FEDERAL JUDICIARY 829 
 
 The nine classes of cases enumerated in the constitution 
 may be grouped under two general heads: (1) cases in which 
 the federal jurisdiction depends upon the character of the 
 suit; (2) cases in which the federal jurisdiction depends 
 upon the character of the parties. 
 
 404. Jurisdiction depending upon Character of Suit. 
 
 The class of cases in which jurisdiction depends upon the character 
 
 of the suit includes: (a) cases in law or equity arising 
 
 under the constitution or laws of the United States, «°^«'"" . 
 1 • 1 • /I s y-i ^^^ " casts 
 
 or treaties made under their authority, (b) Cases of 
 
 admiralty and maritime jurisdiction, (c) Controversies between 
 
 citizens of the same State claiming lands under grants of different 
 
 States. 
 
 The most important cases within this group are those arising 
 under the federal constitution, laws, or treaties; for it is by virtue 
 of this authority that the national courts are enabled 
 to maintain and enforce the provisions of the federal te^i^iw 
 constitution, as well as the laws and treaties made 
 under its authority. In order to come within the federal juris- 
 diction, it must appear that some right, title, privilege, or im- 
 munity claimed by one of the parties involves a construction of 
 the federal constitution, laws, or treaties. Thus, if one of the 
 parties claims that a State law affecting his rights is a law which 
 impairs the obligation of contracts, the case is within federal 
 jurisdiction, since it involves the construction of the federal con- 
 stitution.i Or if one holding a patent from the federal govern- 
 ment desires to bring suit for infringement, this would be a case 
 arising under the laws of the United States, since patents are 
 granted only by federal law. Again, if a municipality should pass 
 an ordinance requiring all Chinese inhabitants to remove to a 
 certain quarter of the city, the aliens concerned could seek re- 
 dress in the federal courts, since the case would be one arising 
 under a treaty. ^ 
 
 The judicial power of the United States also extends "to all 
 cases of admiralty and maritime jurisdiction." Since 
 the high seas are the joint property of the nations, jnjisaicUon 
 the determination of maritime rights or transactions 
 on such waters is necessarily beyond the jurisdiction of the 
 
 * Article I, Section 10 of the constitution provides tliat no State shall pass any law 
 impairing the obligation of contracts. 
 
 * The Burlingame treaty with China guaranteed to Chinese subjects the same privilegeB 
 in respect to residence as are enjoyed by the citizens or subjects of the most favored nation. 
 in re Lee SiuK et al., 4S Fed. Rep. 859; Thayer's Cases, I, 861. 
 
330 GOVERNMENT AND POLITICS 
 
 State courts. As now construed, the admiralty jurisdiction of the 
 federal courts extends not only over the high seas, but over all 
 of the navigable waters of the United States which constitute 
 avenues for foreign or interstate commerce. 
 
 Likewise reserved for federal decision are controversies between 
 Land-grant citizens of the same State claiming lands under grants 
 cases of different States. As the rights of the two States to 
 
 grant the lands are drawn into question, it is clear that the courts 
 of neither State should decide the controversy. 
 
 405. Jurisdiction depending upon Character of Parties. 
 The second group of cases, wherein federal jurisdiction depends 
 
 upon the character of the parties, includes : (a) cases af- 
 tlon of cases Meeting ambassadors, other public ministers, and con- 
 suls, (b) Controversies to which the United States is a 
 party.i (c) Controversies between two or more States, (d) Con- 
 troversies between a State and citizens of another State.^ (e) Con- 
 troversies between citizens of different States, (f) Controversies 
 between a State, or the citizens thereof, and foreign States, citi- 
 zens, or subjects. It is apparent that this group of cases includes 
 those controversies whose determination by a federal tribunal 
 is necessary to secure harmonious foreign and interstate relations, 
 or to secure an impartial decision concerning the rights of citizens 
 of the several States. 
 
 406. The Federal Judicial System. As already stated, 
 the judicial power of the United States is vested in a sys- 
 Threegiaaos tem of courts of three grades: the district courts, 
 of courts circuit courts of appeals, and the Supreme Court. 
 The Supreme Court is expressly provided for by the con- 
 stitution, and is therefore largely independent of Con- 
 gress. The courts of the other two grades are statutory 
 courts; that is, they are created by Congress, which body 
 may alter their jurisdiction or abolish them entirely, at its 
 discretion. 
 
 407. Federal District Courts. The federal courts of low- 
 est grade are the district courts, one of which exists in each 
 
 1 This includes all federal criminal suits; also suits by the United States against individ- 
 uals for debt, for the non-fulfillment of contracts, or for wrongful possession of property. 
 
 2 Shortly after the decision in the case of Chisholm v. Georgia (1793), the eleventh 
 amendment was added to the constitution. This provides in effect that a State cannot 
 be sued in a federal court by citizens of another State, or by citizens of a foreign state. 
 Hence while States may bring suits in federal courts against citizens of other States, they 
 cannot themselves be sued by individuals in the national courts. 
 
THE FEDERAL JUDICIARY 331 
 
 of the ninety-two districts into which the United States 
 is divided. No district includes more than one lowest lea- 
 State, but many States are divided into two or "aiooi"* 
 more districts. Each district ordinarily has its own district 
 judge, who holds court at one or more places within the 
 district. 
 
 The district court is a court of general original jurisdic- 
 tion, both civil and criminal; that is, it is the court in which 
 
 all cases coming under federal jurisdiction are , , ^. ., 
 , , „ . , , Juilsilotlon 
 
 begun and nrst tried (except those cases in which 
 
 the Supreme Court has original jurisdiction). The district 
 court has jurisdiction of: (1) all crimes and offenses cogniz- 
 able under the authority of the United States; (2) all civil 
 cases brought by the United States or one of its officers; 
 (3) cases between citizens of the same State claiming lands 
 under grants from different States; (4) cases arising under 
 the federal constitution, laws, or treaties, provided the 
 amount in controversy exceeds $3000; ^ (5) controversies 
 between citizens of different States, or between citizens of a 
 State and foreign states, citizens, or subjects, provided the 
 amount involved exceeds $3000; (6) admiralty and mari- 
 time cases; (7) suits arising under the patent, copyright, and 
 trade-mark laws; (8) cases arising under the internal 
 revenue, customs,^ and postal laws; (9) suits arising under 
 the laws regulating commerce; (10) suits against consuls 
 and vice-consuls; (11) proceedings in bankruptcy; (12) suits 
 under the immigration and contract labor laws; (13) suits 
 and proceedings arising under the law to protect trade and 
 commerce against restraints and monopolies; (14) suits to 
 enforce the rights of citizens of the United States to vote 
 in the several States; (15) suits brought by any person to 
 redress the deprivation of any right, privilege, or immunity 
 secured by the federal constitution or laws made under its 
 authority. 
 
 1 If the amount is less than $3000 the action must be brought in the State courts. 
 
 2 Except in those cases where jurisdiction has been conferred upon the Court of Customs 
 Appeals. 
 
S32 GOVERNMENT AND POLITICS 
 
 Generally speaking, cases which have been brought in 
 
 the State courts and could have been brought 
 Removal • • n • i ^ i i i- • i 
 
 originally in the lederal distnct court may be re- 
 moved by the defendant under certain restrictions from the 
 State court to the federal district court. 
 
 408. Federal Circuit Courts of Appeals. In order to re- 
 lieve the work of the Supreme Court, the court known as 
 Estaiiiisii- the circuit court of appeals was established in 
 mant 1891 in each of the nine circuits. This court con- 
 sists of three judges (two of whom constitute a quorum) 
 selected from the following list: the Supreme Court justice 
 assigned to the particular circuit, the circuit judges, and 
 the district judges of the circuit. 
 
 The circuit court of appeals has appellate jurisdiction to 
 review the decisions of the district courts, except in cases 
 T ^ ^, u in which appeals and writs of error may be taken 
 direct to the Supreme Court. The judgments and 
 decrees of the circuit court of appeals are generally final in 
 cases where the jurisdiction results from the fact that the 
 suit is one between a citizen and an alien, or between 
 citizens of diflferent States. This court also has final juris- 
 diction in cases arising under the patent and copyright 
 laws, the revenue laws, the criminal laws, and in admiralty 
 cases. 
 
 409. The Federal Supreme Court. The Supreme Court 
 consists of one chief justice and eight associate justices, 
 OrganizaUon ®'^ °^ whom constitute a quorum. This court sits 
 and pro- at the national capital, its sessions being held 
 
 annually, commencing on the second Monday in 
 October. After a case has been tried before the court, the 
 opinion of a majority of the judges is ascertained, and the 
 chief justice then assigns to one of his associates the task of 
 writing the decision. This is then read before the others, 
 and if accepted by a majority it becomes the decision of 
 the court. 
 
THE FEDERAL JUDICIARY 333 
 
 The jurisdiction of the Supreme Court is of two kinds, original 
 and appellate. Its original jurisdiction, being prescribed by con- 
 stitutional provision, cannot be abridged or extended 
 by statute. The Supreme Court has original jurisdic- jnrSuotion 
 tion (1) in all cases affecting ambassadors, other public 
 ministers and consuls; (2) in cases in which a State is a party. 
 The original jurisdiction of the Supreme Court has been resorted 
 to principally to settle controversies between the States. 
 
 The appellate jurisdiction of the Supreme Court is subject to 
 the control of Congress, and may be enlarged or restricted by 
 that body. The Supreme Court now hears appeals from 
 the inferior federal courts as follows: (1) Cases from the jmisdiotlon 
 district court in which the jurisdiction of the court is in 
 question; final decrees in prize cases; cases involving the construc- 
 tion or application of the constitution of the United States, or of 
 a federal law or treaty; cases in which the constitution or law of 
 a State is claimed to be in contravention of the constitution of 
 the United States. (2) Certain cases may be certified to the Su- 
 preme Court by the circuit court of appeals, or removed from that 
 court by direction of the Supreme Court. (3) In certain cases the 
 Supreme Court hears appeals from the supreme courts of the 
 territories, the supreme court of the District of Columbia, and 
 from the Court of Claims. 
 
 (4) Finally, the Supreme Court has power to hear appeals from 
 State courts of last resort in cases involving a federal question, 
 where the decision of the State court is against the Appeals 
 validity of a federal statute or treaty or authority ex- Jxom State 
 ercised under the United States; or where the decision "'""^ 
 of the State court is against the title, right, privilege, or immunity 
 claimed by either party under the constitution, laws, treaties, or 
 authority of the United States; or where the decision of the State 
 court is in favor of a State statute or constitutional provision 
 which is claimed to be repugnant to the federal constitution, laws, 
 or treaties. 
 
 410. Special United States Courts. The three courts de- 
 scribed above constitute the national judicial system, and 
 exercise the judicial powers prescribed in the oomtoi 
 federal constitution. But in the exercise of its '"*'™^ 
 own authority, Congress has created several special tri- 
 bunals. One of these is the Court of Claims (created in 
 1855), composed of five justices who sit at Washington. 
 
334 GOVERNMENT AND POLITICS 
 
 This court has authority to try claims against the United 
 States, and if its judgment is in favor of the claimant, the 
 sum may be paid by the Secretary of the Treasury from an 
 appropriation made by Congress for this purpose. "^ 
 
 By the act of 1911, Congress created the Court of Cus- 
 toms Appeals. This court consists of five judges who have 
 Court oi power to review the decisions of the Board of 
 Customs General Appraisers ^ concerning the classification 
 of imports and the rates of duty thereon. 
 
 In the exercise of its general power to legislate for the 
 territories and the District of Columbia, Congress has pro- 
 vided a system of territorial courts. Under 
 consular, ' authority derived by treaty with certain nations, 
 tSb"i^"^ as Turkey and China, Congress has given juris- 
 diction to United States consuls in those coun- 
 tries to try civil and criminal cases to which citizens of the 
 United States are parties. Finally, under the power to 
 "make rules for the government and regulation of the land 
 and naval forces," Congress has provided courts-martial 
 for the punishment of military and naval offenses. 
 
 411. Exercise of Federal Judicial Power. The federal 
 courts possess all the powers belonging to courts of record, 
 Powoisoi ^"^^ necessary to the exercise of their jurisdiction 
 loderai and the satisfaction of their judgments. They ap- 
 
 point their inferior officers, admit and disbar at- 
 torneys, punish for contempts, make rules of practice, and 
 issue all customary writs, the most important of which 
 are writs of habeas corpus, mandamus, and injunction.^ 
 
 In each judicial district there is a United States marshal, 
 charged with the duty of enforcing the decrees and orders 
 
 * The award of the court is in the nature of a recommendation only, and if Congresa 
 makes do appropriation the claimant is without remedy. 
 
 2 The Board of General Appraisers is the board to which appeal is made from any decision 
 of the customs officers in assessing duties upon imports. 
 
 8 The writ of habeas corpus is frequently invoked before federal courts in order to test 
 the legality of an arrest under State authority. The writ of mandamus may be directed 
 against individuals or corporations to compel them to perform their duties. The writ of 
 injunction takes many forms, and is either a temporary or permanent restraining order for- 
 bidding persons to perform acta which would create consequences that could not be remedied 
 by later suits. 
 
THE FEDERAL JUDICIARY 335 
 
 of the court. Like the sherifiF, he may if resisted call a posse 
 of citizens to his aid; or if this is not adequate. Federal 
 he may appeal to the President for federal troops, aistxiot "" 
 There is also in each district a federal public ^^'onieys 
 prosecutor, the United States district attorney, who in- 
 stitutes proceedings against persons who violate federal 
 law. Marshals and district attorneys are under the direc- 
 tion of the United States Attorney-General, as head of the 
 Department of Justice. 
 
 In exercising their jurisdiction, the courts have con- 
 sistently adhered to the rule that they will not interfere 
 in piu"ely political questions, decision concerning pouuoai 
 which belongs to the executive or legislative de- n^ssUons 
 partments. Such, for example, are questions of the exist- 
 ence of war or peace,^ the rightful government of a foreign 
 state,^ the admission of a new State to the Union,' the 
 restoration to constitutional relations of a State lately 
 in rebellion,* or the right of Indians to recognition as a 
 tribe.* 
 
 Similarly, the courts have imiformly refused to decide 
 abstract questions of constitutionality, or to give f.^^^^^ 
 opinions upon questions not presented in the casoneoes- 
 form of a concrete case between parties to a suit. 
 
 412. The Law administered in the Federal Courts. In 
 the exercise of their jurisdiction, the federal courts may find 
 it necessary to interpret and administer the fed- Grades 
 eral law, as expressed in the federal constitution, "' '*■" 
 statutes, or treaties; or State law, as expressed in the State 
 constitution or statutes, or as embodied in the common law 
 of the State. These laws are of different degrees of author- 
 ity, the supreme law being the federal constitution, the 
 provisions of which prevail over any other enactments, since 
 whatever is not in accordance with the federal constitution 
 
 ■ V. S. V. Anderson, 9 Wall. 56. 
 
 ' The Hornet, 2 Abb. U. S. 3S; Gelston v. Hoyt, S Wheat. US. 
 
 s Luther v. Borden, 7 How. 1; Marah v. Burroughs, 1 Woods, 463. 
 
 ' Georgia v. Stanton, 6 Wall. 50. 
 
 > The Kansas Indians, 6 Wall. 7S7; V. S. v. HoUoday, 3 Wall. 407. 
 
336 GOVERNMENT AND POLITICS 
 
 is not law at all. A federal statute or treaty, if in conform- 
 ity with the federal constitution, prevails as against any 
 State constitution or statute. The State constitution is 
 of higher authority than the State statute, while the State 
 statutes prevail as against any principles of the common law 
 which they contravene. ^ 
 
 When cases arise which involve the construction of the 
 AdministsT- United States constitution, laws, or treaties, the 
 lug laws federal courts follow their own judgment, guided 
 by previous decisions of the United States Supreme 
 Court. However, many cases arise which involve only the 
 appUcation of general principles of law, or the construction 
 of State constitutions and statutes. In such cases, the 
 general rule is that in administering the local or State law, 
 the federal courts will follow the settled decisions of the 
 highest State court. 
 
 413. Declaring Legislative Acts Void. Federal courts, 
 like those of the States, exercise a twofold function. In 
 Uniina common with the courts of all countries, they have 
 American the power of determining the meaning of a legis- 
 oourta lative enactment involved in any case before the 
 
 court, and applying the law, when its meaning has been 
 ascertained, to the particular case. But American courts 
 have a second function which foreign judiciaries do not 
 possess; for they have the power to decide whether the 
 legislative enactment involved in the case before the court 
 (s one which the legislature is warranted under the consti- 
 tution in passing — in short, whether the particular enact- 
 ment is law at all. 
 
 The federal constitution, we have seen, is the supreme 
 law of the land, and Congress has only such legislative 
 Pinal Inter- power as the constitution confers. It is the func- 
 ttroonsu- *^°^ ^^ the judiciary to decide whether legisla- 
 tution tive or executive acts involved in cases before the 
 
 court are in excess of the authority granted; for if so, they 
 
 > See Section UO. 
 
THE FEDERAL JUDICIARY 837 
 
 are null and void. This power likewise extends to acts of 
 the State legislatures and provisions of the State constitu- 
 tions, which, to be valid, must not conflict with any pro- 
 vision of federal law. 
 
 414. Historical Decisions. In the case of Marbury v. 
 Madison,^ decided in 1803, the doctrine was first explicitly 
 asserted that an act of Congress repugnant to the Marbnryv. 
 federal constitution was void; and from that date "»'"'""i 
 the position of the United States Supreme Court as the final 
 and authoritative interpreter of the constitution was assured. 
 
 In United States v. Judge Peters (1809), in Martin v. 
 Hunter's Lessee ^ (1816), McCuUoch v. Maryland ^ (1819), 
 and in Cohen v. Virginia ^ (1821), the Supreme ^j^^ 
 Court asserted its power to disallow acts of the importuit 
 State legislature which were repugnant to the fed- 
 eral constitution.^ Since these cases, scores of State stat- 
 utes and many provisions of State constitutions have been 
 set aside as void because of conflict with the federal consti- 
 tution. The most famous decision disallowing an act of Con- 
 gress was probably the Dred Scott Case,* decided in 1857, 
 denying the power of Congress to prohibit slavery in the 
 territories. Other notable decisions of the Supreme Coiu-t 
 setting aside acts of Congress are: the first Legal-Tender 
 Decision (1870), disallowing the Legal-Tender Act;' the 
 Civil-Rights Cases (1883-84), in which acts designed to pro- 
 tect negro citizens were disallowed; the Trade-Mark Cases 
 (1879), in which the general power of the national gov- 
 ernment to register trade-marks was denied;' and the In- 
 
 » 1 Cranch, 137; Thayer, I, 107. 2 1 Wheaton, 304; Thayer, I, 183. 
 
 ' 4 Wheaton, 316; Thayer, I, 271. * 6 Wheaton, 864; Thayer, I, 286. 
 
 ^ Perhaps the most noted decision setting aside an act of a State legislature was tht 
 Dartmouth College Case, decided in 1819. This case declared void an act of the New 
 Hampshire legislature on the ground that it impaired the obligation of a contract, thus 
 contravening Section 10 of Article i of the federal constitution, forbidding the States to 
 pass any law impairing the obligation of contracts. 4 Wheaton, £18; Thayer's Cases, n, 1564. 
 
 ' Dred Scott n. Sandtord, 19 Howard, 393. 
 
 "^ The adverse decision in this case was rendered by four judges to three, and was re- 
 versed the following year by five judges to four. The Legal Tender Cases, 12 Wallace, 467, 
 629. 
 
 ' The federal government baa power to protect only those trade-marks used in foreign or 
 Interstate commerce. 
 
SS8 GOVERNMENT AND POLITICS 
 
 come-Tax Cases (1895), in which, by a majority of one, the 
 federal tax on incomes was declared unconstitutional. 
 
 GENERAL REFERENCES 
 
 Ashley, Roscoe, The American Federal State (1903), ch. xvi. 
 
 Baldwin, S. E., The American Judiciary (1905). 
 
 Beard, C. A., American Government and Politics (1910), ch. xv. 
 
 Readings in American Government and Politics (1910), ch. xv. 
 
 Black, H. C, American Constitutional Law (1897), ch. vii. 
 
 Burgess, J. W., Political Science and Comparative Constitutional Law (1905), 
 
 II, 320-332. 
 Bryce, James, The American Commonwealth (1907), i, chs. xxii-xxiv. 
 Cooley, T. M., Constitutional Law (1898), ch. vi. 
 Goodnow, F. J., Comparative Administrative Law (1903), ii, 144-216. 
 Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 
 
 78-83. 
 Harrison, B., This Country of Ours (1903), chs. xx-xvi. 
 Hart, A. B., Actual Government (1903), ch. xvii. 
 Landon, J. S., The Constitutioncd History and Government of the United 
 
 States (1905), chs. xiii-xiv. 
 McClain, E., Constitutional Law in the United States (1905), chs. xxiv-xxix. 
 Pomeroy, J. N., Constitutional Law of the United States (1888). 
 Reinsch, P. S., Readings on the American Federal Government (1909), 
 
 ch. XIV. 
 Schouler, James, Constitutional Studies (1904), pp, 169-177. 
 Story, J., Commentaries on the Constitution of the United States (5th ed., 
 
 1905), sees. 1573-1795. 
 Tucker, J. R., The Constitution of the United States (1899), n, ch. xiii. 
 Willoughby, W. W., The Supreme CouH of the United States (1890). 
 Wilson, Woodrow, Constitutional Government in the United States (1908), 
 
 ch. VI. 
 Woodburu, J. A., The American Republic and Its Government (1908), ch. vi. 
 
 QUESTIONS AND EXERCISES 
 
 1. What territory is included in your federal judicial district? Where 
 is the court held? Name the district judge, the district attorney, 
 and the marshal. For what term and by whom is each appointed? 
 
 2. What States are included in your judicial circuit? Who is the Supreme 
 Court justice for this circuit? Who are the circuit judges? 
 
 3. Name the justices of our present Supreme Court. Name the men 
 who have held the position of chief justice. Which ones are most 
 famous ? 
 
 4. Prepare a report upon the influence of John Marshall as chief justice. 
 
 5. May Congress by statute abolish the Supreme Court? Increase or 
 decrease the number of Supreme Court judges? 
 
 6. Compare the method of appointment and term of federal judges with 
 that of the judges of your State supreme court. 
 
 7. What are the advantages of life tenure for judges? (Kaye, P. L., 
 Readings in Civil Government, pp. 247-250.) 
 
THE FEDERAL JUDICIARY S39 
 
 8. Describe the process by which the United States Supreme Court renders 
 a decision. By whom is the decision written, by whom reported, and 
 where published? (Reinsch, P. S., Readings, pp. 716-717.) 
 
 9. May the President require the opinion of the Supreme Court upon a 
 legislative measure? Whom should he consult? 
 
 10. How are the judgments of the Supreme Court carried out? If the 
 President should refuse to execute them, is there a remedy? 
 
 11. Is the Supreme Court bound by its own previous decisions? 
 
 12. What is the effect of a decision of the United States Supreme Court 
 upon persons not parties to the suit? 
 
 13. How is the jurisdiction of the federal courts determined? 
 
 11. What was the constitutional result of the eleventh amendment? May 
 a State sue another State in the federal courts for the payment of 
 bonds? 
 
 15. State the conditions under which a case may be appealed from the 
 supreme court of your State to the United States Supreme Court. 
 
 16. Prepare a report showing how the federal courts protect the rights: 
 (a) of the nation; (b) of the States; (c) of citizens. 
 
 17. Report upon the use of each of the following judicial writs: habeas 
 corpus, injunction, mandamus. 
 
 18. Describe the power, process, and effect of declaring legislative acts 
 unconstitutional. (Marbury v. Madison, 1 Cranch, 137; Thayer's 
 Cases, 1, 107; McClain, E., ConstUutional Law in the United States, 
 pp. 19-25.) 
 
 19. May a State court declare a federal law unconstitutional? 
 
 20. Was the Sedition Act constitutional? The Embargo Act? The Mis- 
 souri Compromise? 
 
 21. Select one of the following cases, and report upon the constitutional 
 question decided: McCuUoch v. Maryland (4 Wheaton, 316; Thayer's 
 Cases, I, 271); Dred Scott v. Sandtord (19 Howard, 393); the Legal- 
 Tender Cases (12 Wallace, 457, 529; Thayer's Cases, n, 2237); the 
 Civil-Rights Cases (109 U. S. 3; Thayer's Cases, i, 554); the Income- 
 Tax Cases: Springer ti. United States (102 U. S. 586; Thayer's Cases, 
 II, 1321); Pollock v. Farmers' Loan and Trust Co. (157 U. S. 429). 
 
 22. Assuming that there is a conflict between the following laws, state 
 which one prevails: (a) a city ordinance and a State statute; (b) a 
 city charter and a State constitution; (c) a State constitution and a 
 law of Congress; (d) a State statute and a law of Congress; (e) a State 
 constitution and the federal constitution; (f) a law of Congress and a 
 treaty; (g) a law of Congress and the federal constitution (Section 150). 
 
 23. Readings on the federal judiciary: Kaye, P. L., Readings, pp. iMr3- 
 249; Reinsch, P. S., Readings, pp. 703-715; Beard, C. A., Readings, 
 ch. XV. 
 
CHAPTER XXIX 
 
 EXPENDITURE AND REVENUE 
 
 415. Objects of Federal Expenditures. The total ex- 
 penditures of the national government now approximate 
 one bilUon dollars annually, the objects of expenditures 
 being shown by the diagram on the next page. 
 
 416. Growth of Government Expenditiures. In 1800, the 
 total federal expenditures amounted to $10,813,000, or 
 $1.17 per capita; in 1860, the amount was $63,200,000, or 
 $2.01 per capita; while at present, our annual expenditures 
 exceed one billion dollars, or more than ten dollars per 
 capita. Thus the total volume of expenditure is now nearly 
 sixteen times as great as it was about fifty years ago, and the 
 per capita expenditure is more than five times as great. 
 
 While a portion of this expenditure is undoubtedly waste- 
 ful, it must be kept in mind that governments to-day per- 
 form many more services than formerly, and expenditures 
 have grown larger as government activities have increased. 
 Moreover, while the per capita expenditure has increased, 
 wealth has also greatly increased, especially in the United 
 States; and hence the increased expenditure does not neces- 
 sarily mean a greater burden to the individual taxpayer. 
 
 417. Control of Federal Expenditures. Control of federal 
 expenditures is vested in Congress imder the constitutional 
 provision that no money shall be drawn from the treasury 
 except in consequence of an appropriation made by law.' 
 The power of Congress over appropriations is subject to the 
 executive veto, but the President cannot veto particular 
 items of an appropriation bill. Most of the expenditures of 
 the federal government are provided for in annual appro- 
 priation bills passed by Congress. In some cases, as for 
 
 1 Constitution, Art. i, Sec. 9, Par. 7. 
 
EXPENDITURE AND REVENUE 
 
 341 
 
 rivers and harbors and for public works, it is necessary to 
 make permanent appropriations; that is, appropriations 
 voted for a certain purpose without limitation as to time. 
 
 The constitution requires that "a regular statement 
 and account of the receipts and expenditures of all public 
 
 TTMons 25 So 75 loo /ar }^ ITS zoo z^ eso 
 (a) 
 
 b 
 
 c 
 d 
 e 
 f 
 
 f 
 h 
 
 fhsfa/ JDisbuKsements. 
 TnPerior-. 
 
 Ifovi/. 
 
 Fbnama Cam/. 
 Fbb/fc J>ebf: 
 A^rrcu/tvt-&. 
 
 XXstn'ct c^Co/</f7fi?t<f 
 Commerce. 
 Jud/cia/. 
 m Srofe-. 
 
 T?>sf Off/ce. 
 p ^J/ <y/7&'J}e3h(/r.semenfs. 
 
 OBJECTS OF FEDEKAL EXPEXDITUKES 
 
 J 
 
 K 
 
 I 
 
342 GOVERNMENT AND POLITICS 
 
 moneys shall be made from time to time." ' In accordance 
 Proiaration ^^*^ *^^® provision, the Secretary of the Trea«- 
 ofthe ury lays before Congress at the beginning of 
 
 each regular session a report known as the "Book 
 of Estimates," giving: (1) a condensed statement of receipts 
 and expenditures for the last fiscal year; (2) an estimate of 
 the revenues and expenditures for the fiscal year about to be 
 entered upon; (3) an outhne of the fiscal policy desired by 
 the administration. The Secretary's report is submitted 
 to the Speaker of the House, who refers it to the appropriate 
 committees. 
 
 Real control of financial policy is thus vested in the con- 
 gressional committees; for while they may take the report 
 pinanoiBi of the Secretary of the Treasury as a basis for legis- 
 oommittoea lation, they are under no legal obligation to do so, 
 and the recommendations of that oflacial are often materi- 
 ally modified or even entirely rejected. The most import- 
 ant of the House committees is that on ways and means, 
 which has almost exclusive control of plans for raising 
 revenue. Only second in importance to the ways and 
 means committee is the committee on appropriations. 
 Formerly this committee reported all appropriation bills, 
 but at present it reports only six bills, namely, the sundry 
 civil bill; the legislative, executive, and judicial bill; the 
 District of Columbia, pension, fortifications, and deficiency 
 bills. Each of the other appropriation bills is assigned 
 to a standing committee, so that the fourteen appropriation 
 bills are reported by eight different committees.^ 
 
 Bills thus prepared are submitted to the House, and if 
 Process ot passed by that body go to the Senate, where bills 
 legislation j^^. rg^igjjjg revenue are referred to the finance com- 
 mittee, and appropriation bills to the committee on appro- 
 
 1 Constitution, Art. I, Sec. 9, Par. 7. 
 
 2 Thus the committee on foreign affairs has charge of the appropriation bill for the con- 
 sular and diplomatic service; committee on military affairs, of the bills for the army and 
 the Military Academy; committee on naval affairs, bill for the naval service; committee on 
 Indian affairs, bill for the Indian service; committee on post office and post roads, bill for the 
 postal service; committee on agriculture, bill for the Department of Agriculture; committee 
 on rivers and harbors, the rivers and harbors bill 
 
EXPENDITURE AND REVENUE 
 
 Mff ions /OO ZOO 30O ¥ ae> SOO eOO TOO BOO S'OO/OaOf/00 /iod/300 
 
 /ess 
 
 m 
 
 «$5 5^ 
 
 33 
 
 ^ 
 
 r870\ 
 
 SSSSiSSSSSSSSSS 
 
 /3Z5 
 
 
 FEDERAL REVENUES AND EXPEND- 
 ITURES, 1860-1909 
 
 Disiorjements 
 
 fiereifits- WVa 
 
 priations. Both revenue 
 and appropriation bills 
 are freely amended by the 
 Senate; and conference 
 committees are often ne- 
 cessary to adjust the dif- 
 ferences between the two 
 bodies. After passing Con- 
 gress, financial measures, 
 like all other bills, must be 
 submitted to the President 
 for his approval or veto. 
 
 418. Criticisms of Fed- 
 eral System of Finance. 
 Our system of public finance 
 has been severely criticised 
 by Bryce and other author- 
 ities, for the following rea- 
 sons : — 
 
 (1) Responsibility for pre- 
 paring the budget ought to be 
 direct, personal, Hesponsl- 
 and complete ; but Miity ail- 
 under our prac- *""* 
 tice, this responsibility is dis- 
 persed among independent 
 comniittees of coordinate au- 
 thority. The fourteen annual 
 
344 
 
 GOVERNMENT AND POLITICS 
 
 appropriation bills enacted by Congress are prepared by eight 
 different House committees, each of which is independent of the 
 rest, and all of which may ignore entirely the ways and means 
 committee, whose business it is to raise the revenue, as well as the 
 Secretary of the Treasury, whose duty it is to suggest a fiscal plan. 
 
 (2) There is no direct relation between the amount proposed 
 to b« raised and the amount proposed to be spent in any one 
 Ezienll- year. In most foreign countries, as in the case of our 
 tuies and own States and cities, the necessary expenditures are 
 revenuesnot calcxilated beforehand as closely as possible, and taxes 
 
 are then levied to supply the necessary funds. Federal 
 finance reverses this process; it first provides revenue without any 
 special reference to the needs of the country, and then considers 
 ways of expending the money raised. 
 
 (3) The executive branch of the government has insufficient 
 authority in financial affairs. The Secretary of the Treasury, 
 Laok ol unlike the British Chancellor of the Exchequer, does not 
 Bxeoutiva submit his financial projects in the form of bills which 
 oontiol jjg defends on the floor of the House; he may only re- 
 commend measures for the secret consideration of committees. 
 Moreover, since the President cannot veto particular items in 
 appropriation bills, his authority over fiscal legislation is limited." 
 
 Minoos E5 50 7S loo 1S5 ISO 175 800 ZSS -ZSO S7S 300 3SS 
 
 a 
 
 " 
 
 
 " 
 
 ■■ 
 
 " 
 
 
 " 
 
 
 
 
 II" 
 
 b 
 c 
 
 ^ 
 
 
 ^ 
 
 ^ 
 
 ^ 
 
 
 ^ 
 
 
 
 
 3^^ 
 
 d 
 
 
 
 ■ 
 
 
 (a) Interna/ Revenue. 
 
 
 
 
 ' (b) Customs Revenue. 
 
 e 
 
 B 
 
 
 (c) Posfa/ Revenue. 
 
 
 
 (d) Misce/laneous. 
 
 
 
 
 
 
 
 (ej 
 
 Fo 
 
 ih//c 
 
 De 
 
 bth 
 
 ^eceiph. 
 
 SOURCES OF FEDERAL REVENUES 
 
 419. Sources of Federal Revenue. The ordinary revenues 
 of the federal government are derived mainly from three 
 
 1 By an act passed in 1909, it is made the duty of the Secretary of the Treasury to 
 compare the estimates of expenditure for the ensuing fiscal year with the probable revenuea 
 for the same period. In case the Secretary's estimates show a probable deficit, it is the duty 
 of the President to recommend methods by which the deficit may be met. 
 
EXPENDITURE AND REVENUE 345 
 
 sources, — customs duties, internal revenue, and postal serv- 
 ice. LeaAang postal receipts out of the question custonu, 
 (since the cost of the postal service exceeds the pogtli*' 
 receipts) , nearly ninety per cent of the national in- ""oipts 
 come is derived from customs duties and internal revenue. 
 
 420. Taxing Power of the National Government. The 
 constitution delegates the taxing power to Congress in the 
 following terms: "The Congress shall have power Taxing 
 to lay and collect taxes, duties, imposts, and '°^" 
 excises, to pay the debts and provide for the common de- 
 fense and general welfare of the United States; but all 
 duties, imposts, and excises shall be uniform throughout 
 the United States." ^ The taxing power thus vested in 
 Congress extends to all persons and property within the 
 jurisdiction of the United States. The power may be ex- 
 ercised for any of three purposes — payment of debts, 
 common defense, and general welfare — objects as broad 
 as the needs of government can possibly be. 
 
 The power of Congress to tax is subject to four important 
 limitations, two of which restrict the objects to ,, „ ^ 
 be taxed, while two apply to the method of levy- 
 ing taxes. These are as follows : — 
 
 (1) No tax or duty may be levied on articles Export 
 exported from any State.'' '"**"' 
 
 (2) Congress may not lay a tax upon the agencies or 
 
 instrumentalities through which the State gov- q^,^^, 
 
 emments perform their fxmctions. Thus Congress mental 
 
 , affonolvs 
 
 cannot tax State property, or mcomes from State 
 
 securities, or the salary of a State judicial oflSicer, or th& 
 
 property or revenues of municipalities.' 
 
 (3) Direct taxes must be apportioned among the several 
 States in accordance with their population.* " Thus, if 
 
 ' ComtUution, Art. i, Sec. 8. ' IMS., Art. i, Sec. », Par. 6. 
 
 • Collector ». Day, 11 Wall. US; V. S. i. Railroad Co., 17 Wall. 322; Pollock v. Fanners' 
 Loan and Trust Co., 157 U. S. 429. 
 ' Comiiiution, Art. i. Sec. 9, Par. 4. 
 
346 GOVERNMENT AND POLITICS 
 
 Congress proposes to lay a direct tax, it must first fix the 
 whole amount of money to be raised in this man- 
 ner; and this amount it must divide among all the 
 States in sums proportioned to the number of inhabitants 
 in each. That is to say, the same process must be gone 
 through with which is adopted in ascertaining the number 
 of Representatives to which each State is entitled." ^ 
 
 (4) Finally, all duties, imposts, and excises must be uni- 
 form throughout the United States; ^ that is, the rate fixed 
 Rule oi upon any article must be the same in all the States . 
 nniiomity .< j^. jg ^^^ necessary that all articles should be sub- 
 jected to the same burden, or that all upon which the tax 
 is laid should bear the same rate. But when a rate has been 
 determined for any one subject, that must be retained for 
 the same species in all the States." ^ 
 
 421. Import Duties as a Source of Revenue. Prior to 
 the Civil War, the federal government derived nearly all 
 
 of its income from import duties; * while at the 
 Dstlnltlon • 1 p 
 
 present time about forty per cent 01 the net 
 
 revenue is derived from this source. Import duties^ may 
 be defined as taxes imposed upon articles brought into the 
 United States from foreign countries. Since the States are 
 forbidden to levy imposts, this form of tax is reserved ex- 
 clusively to the federal government. 
 
 Import duties are of two kinds, specific and ad valorem. 
 Specific duties are those which are laid according to weight 
 
 „ .„ J or number, without reference to the value of the 
 Speolllo ana 
 
 aATaioTem article; while ad valorem duties are those levied 
 in proportion to value. On some articles both 
 forms of duty are levied.' 
 
 1 Pomeroy, J. N., Ccmsliiviional Law, aec. 279. ' Conatitution, Art. I, Sec. 8, Par. 1. 
 
 * Pomeroy, J. N., Canatitutional Lauj, sec. 280. 
 
 * In 1860, for example, customs receipts amounted to $53,178,512, while the total net 
 revenues were only $80,066,766. 
 
 ' Customs duties include both import and export duties; but taxes upon exports have been 
 abandoned by all leading countries, and are prohibited by the federal constitution. 
 
 * The great advantage of the Bipecijic duty is the ease with which it is administered, since 
 it merely involves weighing or counting. The ad valorem duty is fairer in that the duty is 
 proportioned to the value of the article and decreases if the value falls; on the other hand, 
 the ad valorem duty demands more administrative machinery and often leads to fraud- 
 
 ^ulent invoices. 
 
EXPENDITURE AND REVENUE 347 
 
 The administration of customs duties is in charge of the 
 Secretary of the Treasury, one of the assistant secretaries 
 having immediate charge of the customs depart- 
 ment. ihe entire country is divided into about 
 fifty districts for the collection of customs. In each district 
 there is a collector, who is aided by a surveyor, appraiser, 
 and a staff of clerks, examiners, inspectors, and store- 
 keepers."^ 
 
 422. Import Duties as a Form of Tax. The advantages of 
 import duties as a form of tax are, that they are exceedingly 
 productive, inexpensive to administer, and collected ,. 
 
 with comparative ease (being ordinarily paid by the 
 importer and shifted to the consumer in the form of a higher price). 
 Considered strictly as a tax, they are open to serious objections : 
 
 (1) They are not proportioned to the wealth of the taxpayers, 
 but impose a disproportionate burden upon persons of DlsaaTall^ 
 moderate income. To yield a large revenue, import du- ages— Ine- 
 ties must be laid upon articles of general consumption; waUtyol 
 but for these commodities persons of moderate means 
 
 spend a greater proportion of their incomes than do the wealthier 
 classes.^ 
 
 (2) Customs revenues are inelastic, since duties cannot be 
 readily changed to meet the changing needs of govern- 
 ment. Frequent revision of tariff rates means injury to eiajtioity 
 business, and for this reason the federal government 
 
 has for years collected duties far in excess of its ne^ds, thus en- 
 couraging wasteful expenditures. 
 
 (3) Import duties are an uncertain form of tax, likely to yield 
 least when the government need is greatest. In time of war, for 
 example, foreign trade is usually curtailed, and hence u^ggrtalntr 
 the revenues from duties decrease. Again, in time 
 
 of industrial depression the receipts from this source generally de- 
 crease to a marked extent. 
 
 423. General Characteristics of Excise Taxes. Excises 
 may be defined as taxes levied upon the consumption, 
 
 1 Nine tenths of the entire imports come through six ports of entry — New York, Boston, 
 Philadelphia, Baltimore, New Orleans, and San Francisco. 
 
 2 The import duty on sugar, confectionery, and molasses, for the year 1909 amounted 
 to $56,406,484; since it is not probable that the man with a $10,000 income consumes 
 twenty times as much of this product as the man with a $500 income, it is evident that the 
 burden of this tax was nat proportioned to the ability of the taxpayer. 
 
 • In 1893, for example, the customs revenue amounted to $!203,355,017, but in the follow, 
 iog year it fell to $131,818,531, the decrease being largely due to the prevailing hard times. 
 
348 GOVEENMENT AND POLITICS 
 
 manufacture, or sale of commodities within a country.' 
 Like customs duties, excises are commonly borne by the 
 consumers, who have to pay higher prices for the articles 
 taxed. While somewhat inelastic and uncertain in char- 
 acter, they form a more stable and readily adjusted source 
 of income than customs duties. Like the latter, they are 
 based upon no rule of apportionment or equality, but are 
 fixed charges laid on commodities without regard to the 
 amount of property belonging to those who pay them. 
 This unequal burden of taxation is not deemed objection- 
 able in case of excises, since this form of tax is levied upon 
 liquors, tobacco, and other commodities whose consumption 
 is ordinarily discouraged on economic and social grounds. 
 
 424. History of Excise Taxation. Excise taxes were first 
 imposed in 1791, when a tax was laid upon distilled spirits to ob- 
 tain money with which to pay the Revolutionary debt.' 
 1794-1817 Other excises were levied in 1794, including taxes on 
 carriages,^ on the sales of liquors, on auction sales, on 
 the manufacture of snuff, and the refining of sugar. These early 
 excises were exceedingly unpopular and were repealed in 1802. 
 The War of 1812 led to the imposition of new excises, which were 
 declared to be temporary war taxes, and were abolished after 
 1817. 
 
 With the outbreak of the Civil War, it became necessary to 
 resort to excises upon an unprecedented scale. In 1866, the re- 
 Exolses ceipts from internal revenue were $309,226,813; and 
 
 ol tie the total internal revenue receipts for the four years 
 
 01vllW«i fj.^jjj jggg ^^ jggg amounted to $666,072,950. After 
 the war, most of the excises were repealed, but the excise duties 
 on distilled and fermented liquors and tobacco were retained, and 
 have since formed a permanent feature of our internal revenue 
 system. 
 
 * The term ''exciaea'' also includes licenses to pursue certain trades or callings, and to 
 deal in certain commodities. 
 
 * This tax in 1794 caused the insurrection in southwestern Pennsylvania, known as the 
 "Whiskey Rebellion." 
 
 * The constitutionality of the tax upon carriages was upheld by the Supreme Court (1796) 
 in the case of Hylton ». United States (3 Dall. 171; Thayer's Cases, n, 1815). 
 
 * The act oE July 1, 1862, imposed duties upon liquors, tobacco, carriages, yachts, and 
 many other articles; upon auction sales, railroads, steamboats, banking institutions, and 
 insurance companies; upon the salaries of federal officers; upon advertisements, incomes, 
 and legadea; and upon many legal and commercial transactions. 
 
EXPENDITURE AND REVENUE 349 
 
 At the outbreak of the Spanish-American War (1898), a war 
 revenue bill was passed. Nearly all the duties on tobacco and fer- 
 mented liquor were doubled, and excises were levied spasisii- 
 upon many other articles; also upon a large number of Amorloan 
 commercial transactions involving the use of documents "" 
 (such as bank checks, express and freight receipts, telegraph 
 messages, and the like) ; together with a tax upon inheritances.' 
 Under this act the receipts from internal revenue increased from 
 $146,688,574 in 1897 to $273,437,162 in 1899. In 1901, the internal 
 revenue receipts reached . the highest point since 1866, yielding 
 $307,180,664. In 1901-02, acts were passed repealing the addi- 
 tional excises necessitated by the war. 
 
 Since the Civil War, the normal federal revenue has been 
 made up of about one half customs duties and one pj^gj^t 
 half internal revenue duties. At the present time tzclaa 
 the receipts from internal revenue amount to about "oelpts 
 $380,000,000 annually. 
 
 425. Administration of Excise Taxes. The administra- 
 tion of excise taxes is supervised by the commissioner of 
 internal revenue, who is one of the bureau chiefs Revenn* 
 of the Treasury Department. The entire country *'■*''''*» 
 
 is divided into a large number of districts, in each of which 
 is a collector responsible for the enforcement of the revenue 
 laws in his district. Special officers are employed to detect 
 attempted evasions of the law. 
 
 Excise taxes are collected in two ways: (1) By requir- 
 ing the producer or seller of such commodities as liquor 
 or oleomargarine to pay a license fee for the right ooU«otion 
 to carry on his occupation, whereupon a certificate "' «"'"» 
 is issued, which must be exposed in his place of business. 
 (2) In addition to the license fee, each unit of the article 
 is taxed by means of revenue stamps which must be pasted 
 upon packages in such a way as to be necessarily broken 
 when the package is opened. 
 
 426. Characteristics of Income Taxes. Income taxes 
 
 * During the Civil War the federal government had levied a tax on inheritances (1864). 
 Under this law the rate waa made progressive, from one to six per cent. The law of 1898 
 established a minimum rate of three-fourths per cent and a maximum rate of fifteen per 
 cent, the rate varying according to the amount of the bequest and the degree of blood r& 
 lationship. Under both laws, small estates were exempt. 
 
S50 GOVERNMENT AND POLITICS 
 
 are those levied in proportion to the income of the tai- 
 payer. ^ Theoretically, this is one of the most just 
 forms of tax, since it conforms more nearly to the 
 ideal that taxes should be proportioned to the ability of 
 the taxpayer; and income is conceded to be the best single 
 indication of taxpaying ability. Moreover, the income tax 
 cannot be easily shifted, but is generally borne by the 
 persons on whom it is assessed. It is also an elastic form of 
 tax, and can be readily adapted to revenue needs. It has 
 proven very successful in other countries; but under our 
 form of government it is not practicable for the "States, 
 since if one commonwealth levies an income tax, its wealthy 
 citizens may escape it by acquiring a legal residence in a 
 neighboring State. Hence incomes can be successfully taxed 
 only under federal law; and the sixteenth constitutional 
 amendment expressly authorizes Congress to tax incomes. 
 
 427. History of Federal Taxation of Incomes. Three in- 
 come tax laws have been passed by Congress: the first in 1861- 
 1865 as a war measure; the second in 1894 as a means of meeting 
 a prospective deficit resulting from a lowering of import duties; 
 and the third in 1913. 
 
 By a series of acts passed in 1861-1865, Congress levied a gen- 
 eral income tax, the rate fixed in 1862 being three per cent on 
 
 all incomes exceeding $600 and less than $10,000, and 
 oIOMlWai ^^® P®'' *^^'^* °^ incomes over $10,000.^ Assessments 
 
 were made on the basis of written declarations by the 
 taxpayers, subject to correction by the assessors. The income 
 tax was abolished in 1872, having yielded a total revenue of 
 $347,000,000 during the ten years it was in force. 
 
 This tax was deemed by Congress an indirect tax, and hence 
 the rate was made uniform throughout the United States. This 
 
 was in accordance with the definition given by the 
 jgj Supreme Court in Hylton v. United States,' according 
 
 to which the only direct taxes within the meaning of 
 the constitution are capitation taxes and taxes upon real estate. 
 Hence, the income tax, not being a direct tax, was not to be pro- 
 
 • See Section iBi. 
 
 * Later acta increased the rate to five per cent on incomes from $600 to $5000, and ten 
 per cent on incomes above $5000. 
 
 " 3 Dall. 171; Thayer's Cases, n, ISlfi. 
 
EXPENDITURE AND REVENUE 351 
 
 portioned among the States according to population, but, like an 
 excise or a customs duty, was to be levied at a uniform rate. 
 
 The view taken by Congress was sustained by the Supreme 
 Court in the leading case of Springer v. United States, i oonstltu- 
 in which the court declared the income tax to be an in- tlonallty 
 direct tax in the constitutional sense. It was therefore "™™"'l 
 properly levied at a uniform rate, and the constitutionality of the 
 law was aflSrmed. 
 
 In 1894, to offset the prospective loss of revenue from the 
 lower rates under the Wilson-Gorman Tariff Act, Con- 
 gress enacted a second income-tax law. This levied JJi"^^*" 
 a tax of two per cent on all incomes, from whatever 
 source derived, in excess of $4000.* 
 
 The constitutionality of this law was attacked in the case of 
 Pollock V. Farmers' Loan and Trust Company." In an opinion 
 rendered by a divided bench, the Supreme Court de- comtttu- 
 clared the law unconstitutional (1895). The grounds tlonallty 
 for this decision were : (1) that a tax upon the income of *•"*•* 
 real or personal property is a direct tax within the meaning of the 
 constitution, and therefore unconstitutional unless imposed by the 
 rule of apportionment; (2) that a tax upon income from State 
 and municipal bonds is unconstitutional, this being a tax upon 
 the instrumentalities of the State governments. This definition of 
 the income tax as a direct tax is in accordance with the views of 
 writers on economics; but it directly reverses the decision in 
 Springer v. United States (in which the Civil War income tax was 
 declared to be an indirect tax and its constitutionality upheld). 
 
 This decision made it practically impossible for the federal 
 government to tax incomes. Accordingly the Sixteenth Amend- 
 ment was added to the Federal Constitution in 1913. 
 This expressly empowers Congress to tax incomes of 1913 " 
 "without apportionment among the several States, 
 and without regard to any census or enumeration." In 1913, 
 Congress passed a graduated income tax law. This levies an an- 
 nual tax of one per cent upon that portion of the income of every 
 married person in excess of $4000. For single persons, the amount 
 of income exempt from tax is $3000. Besides this tax of one pe> 
 cent, incomes above $20,000 pay an additional or surtax ranging 
 from one to six per cent, according to the size of the income. 
 
 • 102 U. S. 686; Thayer's Cases, n, 1S21. 
 
 ^ This high limit of exemption was especially favorable to the South and West; from 
 New York, Pennsylvania, and New England there were but five votes in the House in favor 
 of the law. 
 
 > 167 U. S. 4«9; 168 U. S. 601. 
 
352 GOVERNMENT AND POLITICS 
 
 428. Direct Taxes levied by the Federal Government. 
 On five occasions Congress has exercised its constitutional 
 power to levy direct taxes proportioned among the States 
 according to population. The first tax of this kind was 
 levied in 1798, three others during the War of 1812, and one 
 in 1861. The first four of these were laid upon real estate 
 and slaves, the act of 1861 upon real estate alone. Except 
 in the greatest emergency, it is unlikely that Congress will 
 again levy direct taxes, since under the rule of apportion- 
 ment the burden of such taxation weighs most heavily 
 upon the poorer States. 
 
 429. Anticipatory or Extraordinary Revenues. In ad- 
 dition to the revenue secured from the sources already 
 Borrowing described, the federal government may obtain 
 power funds through the use of its credit. The constitu- 
 tion vests in Congress power "to borrow money on the 
 credit of the United States," ^ thus conferring the borrow- 
 ing power in the broadest possible terms, so that it may be 
 commensurate with the needs of government. 
 
 Governments generally borrow money by issuing bonds, 
 bills of credit (such as treasury notes), or other evidences 
 MetioiiBoi of indebtedness. But Congress is not limited to 
 loirowine methods of borrowing which are so clearly and 
 directly adapted to the end in view; it may adopt any 
 means it deems conducive to the efficient execution of the 
 power, provided only that they are appropriate to the end, 
 and legitimate, that is, within the scope of the constitution. 
 Thus Congress may charter a federal bank, this having 
 been held by the Supreme Court to be a necessary and 
 proper means of carrying on the fiscal operations of govern- 
 ment.'' Moreover, as an incident of the power to borrow 
 money and provide a currency, Congress may establish a 
 system of national banks, such as exists to-day. Not only 
 
 • Comtitution, Art. I, Sec. 8, Par. 2. 
 
 * Ob the theory that the credit of the government ia thereby streDgtbened and its bor- 
 rowing powers enlarged. McCulloch v. Maryland, 4 Wheat. 316; Thayer's Casea, I, 471; 
 Osborne et al. v. United States Bank, 9 Wheat. 7S8. 
 
EXPENDITURE AND REVENUE 353 
 
 may Congress issue bills of credit, such as treasury notes, 
 but as an incident of the borrowing power, Congress may 
 make such notes a legal tender for all pubUc and private 
 debts. 1 
 
 430. Bond Issues. In negotiating public loans, govern- 
 ments usually proceed by one of two methods. The first 
 is to prepare the bonds or other evidences of in- Hg„otiation 
 debtedness, fixing all the conditions (such as the — uist 
 amount, time, and rate of interest), and then oflfer 
 the securities to all buyers at the same price. Frequently 
 bonds are sold in this way by popular subscription; that 
 is, certain places are designated for the reception of sub- 
 scriptions, and the bonds are then sold to purchasers at a 
 stated price. 
 
 The second and more common method of marketing 
 bonds is for the government to advertise that bids for a 
 certain amount of bonds are desired. Bankers stoond 
 and capitalists then compete for the privilege of °'*^''* 
 taking the bond issue in whole or in part. The bidders 
 offer to provide the money at a certain rate of interest, or 
 if the rate of interest and the amount of the bonds have 
 been determined, offer to buy them at a certain rate, quoted 
 as so much per hundred. The most favorable terms offered 
 are then accepted, and upon delivering the money to the 
 government, the purchasers receive the bonds. ^ 
 
 Fiscal considerations will determine the time for which 
 the bonds shall run, the amount, and the rate of interest.* 
 If intended for popular subscription, the bonds jjunnrity 
 must be in small amoimts; otherwise the units anaintsrost 
 may be larger. If the rate of interest offered is too 
 low, the bonds will not sell except below par. Both prin- 
 cipal and interest of bonds are payable in gold. 
 
 • Knoi v. Lee, 12 Wall. 457; Thayer's Cases, n, «2S7; Juilliard v. Greenman, 110 tJ. S. 
 481; Thayer's Cases, ii, HBB. 
 
 > The first of these methods has the advantage of interesting many individual citizens in 
 the loan; the second method secures to the government the advantage of competition among 
 those having money to loan. 
 
 > During the Civil War, bonds were issued at five and six per cent interest, the total 
 amount being $1,049,000,000. 
 
854 GOVERNMENT AND POLITICS 
 
 431. Short-Time Loans. Bonds are generally issued for 
 loans intended to extend over a considerable number of 
 Treasury years; but for short-term loans some variety of 
 notes treasury notes is generally issued. Thus during 
 the Civil War, the government secured short-term and tem- 
 porary loans (amounting in all to $1,098,000,000) through 
 the issue of a variety of interest-bearing notes. ^ In addi- 
 tion to these notes, what was in reality a forced loan was 
 secured through the issue of $431,000,000 of non-interest- 
 bearing, legal-tender notes, not redeemable ia specie. 
 
 432. History of the National Debt. The constitution had 
 expressly provided that the debts of the Confederation govern- 
 ment (amounting to about $54,000,000) should be valid 
 
 Assumption . , (.t, tti i* 
 
 as against the new federal government.'' Under the m- 
 
 fluence of Hamilton, Congress also assumed the war debt incurred 
 
 by the States during the Revolution (amounting to about 
 
 $21,000,000); and thus the new government began its career with 
 
 a national debt of about $75,000,000. 
 
 Hamilton considered a public debt a source of strength to 
 government, on the theory that the holders of bonds would be 
 Policies ol necessarily interested in the stability of the new govern- 
 Hamllton ment. Hence the Federalists when in power did not 
 and JeMor- ^im to rapidly extinguish the debt. But Jefferson en- 
 tertained a different conception, holding that the pub- 
 lic debt was something to be paid as quickly as possible; and this 
 has since been the prevailing theory. From Jefferson's adminis- 
 tration, the debt was steadily reduced until the War of 1812, when 
 it increased to nearly $125,000,000. After the war, it again de- 
 creased, until by 1836 the national debt was practically paid, 
 and the government distributed a surplus of about $28,000,000 
 to the States. 
 
 The Mexican War involved an increased indebtedness of about 
 $49,000,000; but until the Civil War the national debt remained 
 a comparatively small one, amounting at the outbreak 
 01°vl\ wS*° of tJie war to about $60,000,000. By 1862 it had in- 
 creased to over $500,000,000; and in 1865 it reached a 
 total of $2,674,815,856. 
 
 After the war the country entered upon the tremendous task 
 
 1 Including treasuiy notes, certificates of deposit, and compound interest notes. The 
 rate of interest varied from five per cent to seven and three-tenths per cent. 
 ' Cimatitution, Art. vi, Par. 1. 
 
EXPENDITURE AND REVENUE 
 
 355 
 
 1860 
 
 JJillions. 
 Z6>0O 
 
 S50O 
 
 Z40O 
 
 Z30O 
 
 eioo 
 
 Zooo 
 
 1900 
 1BOO 
 
 1700 
 ieoo 
 K500 
 1400 
 
 ISoo 
 
 1100 
 
 tooo 
 
 eoo 
 
 Boo 
 700 
 600 
 
 SOO 
 
 400 
 300 
 Seo 
 loo 
 O 
 
 1870 
 
 1880 
 
 2690 
 
 1900 
 
 1910 
 
 THE NATIONAL DEBT, 1860-1914 
 
 of paying off the debt, and in twenty-five years, $1,784,031,486 
 of the public debt was paid, leaving an indebtedness of 
 $890,784,370.1 The falling off m revenues during the "j^J ^" 
 decade from 1890-1900, together with the expenses of 
 the Spanish-American War, has somewhat increased the debt 
 which on July 1, 1914, amounted to $1,027,257,009,^ or a per 
 capita indebtedness of more than ten dollars. 
 
 1 The debt Ies9 cash in the treasury. 
 
866 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Adams, H. C, The Science of Finance (1905). 
 
 Ashley, R. L., The American Federal State (1903), ch. xxv. 
 
 Beard, C. A., American Government and Politics (1910), ch. xyra. 
 
 — Readings in American Government and Politics (1910), ch. xvin. 
 
 Blackmar, F. W., Economics for High Schools (1907), ch. xixn. 
 Bryce, James A., The American Commonwealth (1907), i, ch. xvn. 
 Daniels, W. M., The Elements of Public Finance, pp. 30-38, 167-170, 186- 
 
 191. 
 Dewey, D. R., Financial History of the United States (1903), cha. m, xxi. 
 Ely, R. T., and Wicker, Geo. R., Elementary Principles of Economics (1904), 
 
 pp. 327-864. 
 Hart, A. B., Actual Government (1903), pp. 394-429. 
 James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
 
 ch. xvn. 
 McClain, E., Constitutional Law in the United States (1905), pp. 137-142. 
 Plehn, C. C, Introduction to Public Finance (1897). 
 
 Reinsch, P. S., Readings on American Federal Qoternmeni (1909), ch. vm. 
 Woodbum, J. A., The American Republic and its Government (1908), pp. 
 
 287-298. 
 
 QUESTIONS AND EXERCISES 
 
 1. Report upon the financial difficulties of the government under the 
 Articles of Confederation. 
 
 2. Prepare a report upon Hamilton's financial policy. 
 
 3. Prepare a report upon the systems of taxation employed during the 
 Civil War. (Consult Dewey, D. R., Financial History of the United 
 States, ch. xin.) 
 
 4. Are there any limitations on the purposes for which the federal gov- 
 ernment may levy taxes? 
 
 6. If both the IJnited States and a State govenmient tax the same pro- 
 perty, which claim must be first satisfied? 
 
 6. Has the federal government any exclusive powers of taxation? 
 
 7. May State governments tax corporations created by the Unites States? 
 May States tax the incomes of federal officials? The income derived 
 from United States bonds? (Section 446.) 
 
 8. May the United States government tax legacies? May a State tax 
 imported goods? 
 
 9. Discuss the arguments in favor of a federal income tax. 
 
 10. Discuss the proposed income tax amendment to the federal constitu- 
 tion. (United States Statutes at Large, 6l3t Congress, Ist Session, 
 p. 185; Kaye, P. L., Readings, p. 434.) 
 
 11. May Congress grant to certain individuals the privilege of importing 
 goods free, while compelling others to pay duties? May Congreis 
 provide a lower rate of duties on goods shipped to Boston than on 
 similar goods shipped to New York? 
 
 12. What imports are taxed heavily for the sake of revenue only? Does 
 the chief burden fall on articles of luxury or necessity? 
 
 13. Describe the collection of the federal revenue. (Dewey, D. R., Fin- 
 ancial History of the United States, pp. 488-492.) 
 
 14. Describe the process of enacting a tariff bill. (Dewey, D. R., Financial 
 History of the United States, pp. 478-483.) 
 
EXPENDITURE AND REVENUE 357 
 
 15. What were the revenues for the last fiscal year? The expenditures? 
 The chief items under each head? 
 
 16. Account for the enormous growth of governmental expenditures. Is 
 this increase justifiable? (Reinsch, P. S., Readings, pp. 355-859.) 
 
 17. Expenditures for the army, fortifications, navy, and pensions com- 
 prise what per cent of the total federal expenditures? Is this excessive? 
 
 18 Describe the process of passing appropriation bills. (Dewey, D. R., Fin- 
 ancial History, pp. 483-488; Reinsch, P. S., Readings, pp. 301-356.) 
 
 19. Summarize the criticisms upon our system of congressional finance. 
 How can these defects be remedied? (Bryce, James, The American 
 Commonwealth, I, pp. 174-182; Reinsch, P. S., Readings, pp. 317-320.) 
 
 20. Discuss the reasons given by President Cleveland for his veto of the 
 River and Harbor Bill in 1896. (Reinsch, P. S., Readings, pp. 359-361.) 
 
 21. May Congress distribute surplus revenue among the States? Has this 
 ever been done? 
 
 22. Report upon the custody of the public funds. (Kinley, David, The 
 Independent Treasury of the United States; Dewey, D. R., Fiitaneial 
 Bistory, pp. 492-494.) 
 
 23. Are there any limitations on the borrowing power of the United States? 
 
 24. May Congress lower the rate of interest on government bonds before 
 their maturity ? 
 
 25. What is meant by the statement that bonds are quoted at 106? At 
 98? Examine your daily papers for the current price of United States 
 bonds. How do you account for difference in these prices? 
 
 36. What is a sinking-fund? What is meant by funding the debt? 
 
CHAPTER XXX 
 
 COINAGE AND CUEHENCT 
 
 433. Origin and Functions of Money. Money may be 
 defined as that which serves as a medium of exchange 
 throughout the community, being accepted in final dis- 
 charge of debts and in full payment for commodities, with- 
 out reference to the credit of the person who oflFers it. ' 
 
 The earliest exchanges were effected by barter, but the 
 serious disadvantages of this method led to the adoption 
 of a generally desired commodity as a common medium of 
 exchange. Cattle, furs, tobacco, and other commodities 
 have served in primitive societies as a medium of exchange; 
 but these crude forms of money were gradually supplanted 
 by the precious metals, gold and silver.^ 
 
 Money owes its origin to the action of individuals, but 
 governments gradually asserted their control over money 
 •oyem- ^^ three ways: (1) by selecting the commodity 
 monts and which had previously served as a medium of ex- 
 change between individuals, and making it the 
 means of payment for government fines and taxes; (2) by 
 establishing systems of public coinage and prohibiting coin- 
 age by private individuals; (3) by making the government 
 coins a legal tender in discharge of all debts. 
 
 Money serves three important functions : (1) as a medium 
 of exchange, obviating the difficulties of barter; 
 
 Funotlons ° » ? , . 
 
 (2) as a measure of values, that is, a common de- 
 nominator in which the exchange values of other commod- 
 
 1 Definition adapted from Walker, F. A., Money in its Relations to Trade and Industry, 
 p. 4. 
 
 2 The characterifltics of a good money material, possessed in largest degree by the pre- 
 cious metals, are: (1) commodity value, arising from general desirability, (2) high specific 
 value, (S) portability, (4) durability, (6) divisibility, (6) convertibility, (7) uniformity of 
 value, (8) cognizability, (9) homogeneity. 
 
COINAGE AND CURRENCY 359 
 
 ities are reckoned; (3) as a standard of deferred payments, 
 that is, the measure of debts whose payment is postponed 
 to a future time. 
 
 434. Monetary System of the United States. Power to 
 regulate the monetary system of the United States is vested 
 exclusively in Congress, the States being forbid- Financial 
 den to create either a metalUc or a paper currency, powers oi 
 The federal constitution confers upon Congress 
 
 the power "to coin money and regulate the value thereof 
 and of foreign coin"; ' and by express provision the States 
 are forbidden to coin money, emit bills of credit, or make 
 anything but gold or silver coin a legal tender in payment 
 of debts. ^ Under the interpretation of the Supreme Court, 
 Congress is thus vested expressly with the power to create 
 metal money and regulate its value; vested imphedly with 
 power to create paper money and regulate its value; and 
 vested impHedly with power to make anything it wishes 
 legal tender in payment of any debt.' 
 
 Currency • — a term which includes all money authorized 
 by the government — is of two kinds, metallic and paper. 
 The metallic currency of the United States now Kinds oi 
 consists of gold coins, silver dollars, and subsid- """"^y 
 iary coins; the paper currency of gold certificates, silver 
 certificates. United States notes, national-bank notes, and 
 treasury notes (Act of 1890). Thus, in all, eight kinds of 
 money or currency are authorized, three of which — gold 
 coins, silver dollars, and United States notes — are full 
 legal tender; while the subsidiary coins are legal tender 
 only in limited amounts.* 
 
 435. Volume of Money. The entire volume of money 
 in the United States on July 1, 1913, is shown by the table 
 on next page. 
 
 I ConstitlUioTly Art. I, Sec. 8, Par. B. 
 > Ibid., Art. I, Sec. 10, Par. 1. 
 
 • Juilliard v. Greenman, 110 U. S. HI: Thayer's Cases, n, tiSB. 
 
 * Subsidiary coins include the half-dollar, quarter, and dime, which are legal tender to 
 the amount of ten dollars; and the so-called minor coins, the nickel and cent, which are legai 
 tender to the amount of twenty-five cents. 
 
360 
 
 GOVERNMENT AND POLITICS 
 
 Kind of Money 
 
 In Treasury 
 
 In Circulation 
 
 Total 
 
 Gold coin 
 
 $258,363,327 
 24,357,478 
 20,737,926 
 
 9,465,836 
 
 43,403,670 
 
 3,330 
 
 $608,400,799 
 
 72,127,193 
 
 154,458,070 
 
 1,003,997,709 
 
 469,128,592 
 
 337,215,180 
 
 715,754,236 
 
 2,656,670 
 
 $866,764,126 
 
 Silver dollars 
 
 Subsidiary coins. . . . 
 Gold certificates. . . . 
 Silver certificates. . . 
 United States notes. 
 National bank notes 
 Treasury notes 
 
 96,484,671 
 175,195,996 
 1,003,997,709 
 469,128,592 
 346,681,016 
 759,157,906 
 2,660,000 
 
 Grand total... . 
 
 $356,331,567 
 
 $3,363,738,449 
 
 $3,720,070,016 
 
 436. History of Metallic Currency to 1873. During the 
 Revolutionary period, the colonies relied for their metallic cur- 
 Hevolutlon- ^^^^7 chiefly upon English, French, and Spanish coins; 
 017 and Con- and various units of account were employed in differ- 
 laderatlon gjjt sections of the country. Under the Articles of 
 
 Confederation, the currency remained in a chaotic con- 
 dition, for the States retained the right to coin money. 
 
 The federal constitution gave the national government entire 
 control of the currency, and in 1792 Congress passed the first 
 
 coinage act. This law provided for the free coinage of 
 otlToi ° goldandsilver at the ratio of 15 to 1, a proportion which 
 
 approximated the bullion values of the metals. The 
 monetary unit was the gold dollar consisting of 24% grains of pure 
 gold, and the silver dollar containing fifteen times that amount, 
 or 37134 grains of pure silver. Eagles, half and quarter eagles, 
 and silver dollars were to be coined, and were made full legal 
 tender. 
 
 The mint ratio of 15 to 1 thus established between gold and sil- 
 ver soon proved to be an undervaluation of gold in the world's 
 
 market; in other words, within a few years a pound of 
 Law S"'*^ ^^® worth, as bullion, more than fifteen pounds of 
 
 silver. Hence little gold was brought to the mint, and 
 during the period from 1804 to 1834, only about nine million dol- 
 lars of gold was coined. Gold disappeared from circulation owing 
 to a monetary principle known as Gresham's Law — that "bad 
 money tends to drive out good, but good money cannot drive 
 out bad." In other words, if both metals are legal tender, people 
 will pay their debts with- the cheaper money, the dearer money 
 being hoarded or exported. 
 
 As a result of this discrepancy between the mint and the mar- 
 
COINAGE AND CURRENCY 361 
 
 ket ratios of gold and silver, a new coinage act was passed in 1834, 
 
 which reduced the weight of the gold dollar from 24.75 
 
 to 23.22 grains. Since the weight of the silver dollar re- °j fgll ^'" 
 
 mained the same (371.25 grains), this established a 
 
 ratio of approximately 16 to 1. This mint ratio in turn soon proved 
 
 to be an imdervaluation of silver as compared with the market 
 
 ratio; ' that is, sixteen ounces of silver became worth more in the 
 
 market than one ounce of gold. In accordance with Gresham's 
 
 Law, silver coins then disappeared from circulation, and after 1840 
 
 silver dollars were rarely seen. 
 
 After 1861 specie payments were suspended; large suspsnslon 
 quantities of paper money were issued, and gold and of specie 
 silver disappeared from circulation, or circulated only viy^ti-fa 
 at a heavy premium. 
 
 437. History of Metallic Currency, 1873-1900. In 1873 
 an act was passed which discontinued the coinage of the silver 
 dollar of 3713^ grains, and established as the sole unit 
 
 of value the gold dollar containing 23.22 grains of pure tlon'ol'sUver 
 gold. Silver was thus demonetized (that is, no longer 
 received by the government to be coined into money) ; and the 
 country was placed upon a monometallic (one-metal) basis, with 
 free coinage of gold only. This action in combination with other 
 causes ^ led to a rapid decline in the value of silver as compared 
 with that of gold. 
 
 This demonetization of silver attracted little attention in 1873; 
 but as silver began to decline rapidly in price, those who were in- 
 terested in its sale as a commodity, together with many 
 who believed the circulating medium unduly restricted atandaida ' 
 if limited to one metal, united in a demand for the 
 renewed free coinage of silver. The more radical friends of silver 
 referred to the demonetization act as "the crime of '73"; and the 
 period from 1873 to 1900 — described by one writer as the "battle 
 of the standards " — was one of constant agitation, discussion, 
 and legislation with reference to the money question. 
 
 438. The Coinage Act of 1878. The demand for the renewed 
 coinage of silver was in part recognized by the Bland-Allison Act 
 of 1878. As originally passed by the House, this act pro- 
 vided for the free and unlimited coinage of silver at the ^mgon ^q, 
 ratio of 16 to 1 ; but as amended by the Senate, the vol- 
 ume of silver coinage was restricted. The act provided that the 
 
 1 The discovery of gold in California in 1848, and the subsequent large production of 
 gold in California and Australia, lowered the value of that metal as compared to silver. 
 
 ' Espedally the demonetization of silver by Germany in 1871, the limitation placed upon 
 silvei coinage by the Latin Union in 187S, and the discovery of large silver-mines in Nevada. 
 
362 GOVERNMENT AND POLITICS 
 
 Secretary of the Treasury should purchase silver bullion at the 
 market price, to the amount of not less than $2,000,000 nor more 
 than $4,000,000 per month; and the bullion thus purchased was 
 to be coined into dollars which were to be full legal tender. 
 
 439. The Sherman Act and its Results. In 1890, the 
 p . . Bland-Allison Act was repealed and the Sherman Act 
 
 passed, directing the Secretary of the Treasury to pur- 
 chase 4,500,000 ounces of silver each month, paying for it with legal- 
 tender treasury notes. These treasury notes were to be redeemed 
 in either gold or silver coin at the discretion of the Secretary; but 
 since the act declared it to be the policy of the United States to 
 maintain the two metals on a parity with each other, this was 
 interpreted by the Treasury Department as a virtual promise 
 that the notes should be redeemed in gold, or its exact equivalent. 
 The resumption of specie payments January 1, 1879, had been 
 accomplished by the accumulation in the treasury of a gold reserve 
 of $133,000,000 in excess of all liabilities. This sum, al- 
 ol notes though slightly less than forty per cent of the outstand- 
 
 ing United States notes, proved more than sufficient 
 for redemption purposes. In the fourteen years from 1879 to 1892, 
 only an insignificant amount of gold was paid out by the Treasury 
 Department for redemption, owing to the fact that government 
 credit and business conditions were such that few notes were pre- 
 sented.' No definite sum was required by law to be set aside as a 
 gold reserve, but tradition and custom had fixed $100,000,000 as 
 the sum necessary to guarantee the redemption of the notes. The 
 Sherman Act of 1890 increased the volume of outstanding legal- 
 tender notes by over $50,000,000 annually, without providing an 
 additional gold reserve for redemption purposes. The Treasury 
 Department was unable to increase the reserve from funds on 
 hand, as government revenues were falling ofF, owing to the busi- 
 ness depression which finally culminated in the panic of 1893.^ 
 
 In June, 1893, the British government closed the mints of 
 India to the coinage of silver, and the price of silver bullion de- 
 clined rapidly. In the same year the gold reserve of the 
 eoU reserve Treasury Department began to decline, since legal- 
 tender notes were being presented in large amounts, 
 owing to the doubt entertained by many people as to the ability 
 of government to redeem them in gold. Thus in 1893, $102,100,000 
 of legal-tender notes were presented for redemption, as compared 
 
 1 The largest amount of notes redeemed in any one year prior to 1893 was in 1892, when 
 notes to the amount of $9,126,000 were presented. 
 
 • In 1890, the excess of revenue over expenditures was $105,344,000, in 1892, $9,914,000, 
 in 1893, $2,342,000, while in 1894 there was a de6cit amounting to $69,803,000. 
 
COINAGE AND CURRENCY 363 
 
 with $9,126,000 in the preceding year. The value of the bullion in 
 the silver dollar in 1893 was only sixty cents, and had the Treasury 
 Department redeemed legal tenders in silver, the probable result 
 would have been immediate depreciation of the notes. 
 
 Under these conditions President Cleveland summoned Con- 
 gress in special session (August, 1893) ; and a statute was passed 
 repealing that part of the Sherman Act which provided hj.,,,! 
 for the monthly purchase of silver, thus putting an end ol sllvar- 
 to further issues of treasury notes. But much of the puroliasliig 
 mischief had already been done, and during the years " *°" 
 1893-1896 the gold reserve was almost constantly below $100,000,- 
 000. As the revenue from customs duties and excises had declined 
 sharply, the Treasury found itself compelled to sell bonds in order 
 to obtain gold with which to redeem notes. In all, $260,000,000 
 of bonds were sold for gold, which in turn was quickly paid out in 
 redemption of notes. But gradually the panic began to subside; 
 business conditions improved, government revenues increased, and 
 shortly after the presidential campaign of 1896, gold once more 
 flowed freely into the treasury, and the crisis was passed. 
 
 440. Arguments for Bimetallism. The btirning issue 
 in the presidential campaigns of 1896 and 1900 was that 
 of free coinage of silver at the old ratio of 16 to 1. The 
 principal arguments urged by those who favored bimetal- 
 lism^ were: — 
 
 (1) The double standard gives a more stable money 
 unit than the single standard, because a larger stock' of 
 metal is thereby made available for money. Prices staMe milt 
 will fluctuate less, for if one metal rises in value " """ 
 owing to a decreased production, the other metal will take 
 its place, thus preventing a fall in prices. 
 
 (2) There has been a general fall of prices in all gold- 
 standard countries since 1873, and this has injured debt- 
 ors by increasing the burden of their debts. In Qj^oiai 
 other words, a debt — such as a mortgage — con- aaoiino 
 tracted in money of relati'^'^ely low purchasing 
 
 power must be repaid in dollars whose purchasing power 
 has greatly increased. 
 
 1 Three conditiong are essential to bimetallism; (1) two metals; (2) free (unlimited) 
 coinage of both at a ratio fixed by law; and (3) both metab full legal tender in payment of 
 debts. 
 
S64 GOVERNMENT AND POLITICS 
 
 (3) The world's stock of gold is not suflBcient for the 
 
 stookoi money demand of the world, and hence gold 
 
 gold iMui- monometallism means a continuous fall of prices, 
 
 and a constantly increasing burden upon the 
 
 debtor class.' 
 
 441. Arguments for Monometallism. To these argu- 
 ments in favor of the free coinage of silver the monometal- 
 hsts replied: — 
 
 (1) National bimetallism is impossible, the so-called 
 double standard being merely an alternating standard. 
 Alternating Unless the legal ratio between gold and silver 
 staniara exactly coincides with the market ratio, that is, 
 unless the mint valuation of each metal be the same as the 
 market value of the bullion, the cheaper metal will be used 
 as money in accordance with Gresham's Law. This was the 
 experience of the United States after the acts of 1792 and 
 1834, and has been the experience of all other countries 
 under bimetallism.^ 
 
 (2) The proposed legal ratio of 16 to 1 greatly over- 
 values silver as compared with the market ratio of 30 to 1.' 
 
 Hence free coinage of silver at 16 to 1 would mean 
 
 Ovarvalua- ... 
 
 ation oi not bimetallism in fact, but silver monometallism. 
 Being worth more as bullion, gold would not be 
 used as money, but would be hoarded or exported in ac- 
 cordance with Gresham's Law. Further, debts contracted 
 on a gold basis would be paid in silver money of greatly 
 decreased purchasing power. 
 
 * "By the lowering of prices of agricultural produce since 1891, the debtor farmer found 
 an ever-increasing difficulty in the payment of interest charges, and the foreclosure of city 
 and farm mortgages throughout the West seemed evidence of general distress. Sober- 
 minded representatives arraigned existing conditions: chains of slavery laid upon labor; 
 privileged classes more strongly intrenched; silver stricken down as a co-laborer with 
 gold." — Dewey, D. R.. Financial Hiatory of the United States, p. 460. 
 
 * It is now generally admitted that free coinage of silver by the United States alone 
 would be undesirable and impracticable, inasmuch as the other great nations of the world 
 are on a gold basis. Many writers have advocated international bimetallism — a plan to 
 secure bimetallism by international agreement, the leading nations agreeing upon the free 
 coinage of both metals at a fixed ratio, and both to be full legal tender. Several monetary 
 conferences have been held by representatives of the principal countries, but nothing aa 
 yet has been accompUshed in this direction. Political reasons will probably prevent the 
 adoption of such a plan, at least for many years, 
 
 ■ This was the ratio in 1896. 
 
COINAGE AKD CURRENCY 365 
 
 (S) The fall of prices is due not to scarcity of money 
 material, but to improved methods of production. The 
 increased production secures practically the same ^^^^ ^ 
 money return as before, through the sale of a aooUnein 
 larger number of commodities at a lower price; 
 and hence debtors whose business is affected by improved 
 methods of production are not unduly burdened. In any 
 event, changes in the purchasing power of money are part 
 of the risk incurred by persons who enter into long-time 
 contracts, such changes benefiting creditors if prices fall, 
 debtors if they rise. 
 
 (4) The production of gold is increasing rapidly, im„„,n 
 having nearly doubled from 1890 to 1897, and is production 
 entirely suflBcient to meet the demands of the 
 world's trade. ^ 
 
 442. Currency Act of 1900. The elections of 1896 and 
 1900 resulted in the defeat of the party declaring in favor 
 of the free coinage of silver at the ratio of 16 to 1, ohiei pro- 
 and the Currency Act of March 14, 1900, formaUy '"""" 
 committed the United States to the policy of gold mono- 
 metallism which had in fact prevailed since 1873. The 
 important provisions of this act are: — 
 
 (1) The gold dollar is declared to be the standard unit 
 of value, and all forms of money issued by the govern- 
 ment are to be maintained on a parity with it. 
 
 (2) The treasury notes of 1890 are to be retired as rapidly 
 as possible, being replaced by silver coins or silver certi- 
 ficates. 
 
 (3) Greenbacks when paid into the treasury are not to 
 be reissued except for gold; and a special gold reserve of 
 $150,000,000 is to be maintained for their redemption. 
 If necessary to maintain the gold reserve, short-time gold 
 bonds bearing not over three per cent interest may be 
 issued and sold to make up the deficiency in the reserve. 
 
 > In 1890, 8,749,306 ounces of gold were produced valued at *118,848,700; in 1897, 
 11,426,068 ounces valued at »23e,078,700; in 1908, 41,378,481 ounces valued at $441,9312,200 
 — atatietical Abatract, 1909, p. 761, 
 
866 GOVERNMENT AND POLITICS 
 
 (4) New regiilations are introduced with reference to the 
 various forms of paper money, such as that gold certi- 
 ficates shall not be issued in smaller amounts than twenty 
 dollars each, while silver certificates are to be issued only 
 in denominations of ten dollars or less. 
 
 443. Paper Currency. Paper currency is of two kinds, 
 bank notes and government paper money. The discussion 
 of bank currency involves a brief study of the institutions 
 by which such currency has been issued — the two United 
 States banks, the State banks, and the existing national 
 banks. Government paper money will be discussed under 
 two heads, treasury notes and legal-tender notes. 
 
 444. First United States Bank. Hamilton's financial 
 measures included the organization of a bank modeled on 
 AdTantages *^® Bank of England, in which the federal govern- 
 of a fedeiai ment should be interested as a partner. The chief 
 
 advantages claimed for such an institution were 
 that it would afford a market for government bonds, and 
 aid the Treasury by making loans; that it would afford a 
 safe depository for government funds; and that its note 
 issues would furnish the country with a uniform and stable 
 paper currency. The bank project was vigorously opposed 
 on constitutional as well as economic grounds by Jefferson, 
 Madison, and Randolph, but the act granting the charter 
 became law in 1791.^ 
 
 The bank was prosperous and successful, paying eight 
 per cent dividends from the start; and the assistance which 
 it rendered to the Treasury was fully as great as had been 
 anticipated. However, when its charter expired in 1811, 
 the bill for renewal was defeated in Congress by a close 
 vote, the partisans of the State banks being aided in their 
 opposition by those who believed a federal bank unconsti- 
 tutional. 
 
 1 The charter provided for a capital stock of ten millions, of which one fifth was to be 
 subscribed by the government (the government subscription being loaned by the bank). 
 Of the remainder of the capital, one fourth was to be payable in specie, and three fourths 
 in government bonds bearing six per cent interest. The bank could issue notes to an amount 
 which should not exceed the deposits by over ten millions, and these notes were receivable 
 in payment of all debts due the United States. 
 
COINAGE AND CURRENCY 367 
 
 445. Second United States Bank, The close of the War 
 of 1812 found the currency in confusion. The State banks 
 outside of Massachusetts had suspended specie 
 payments, and had issued bank notes ia excessive estasiiiii- 
 amounts. A second United States Bank was pro- 
 posed as a means of supplying financial resources to an 
 embarrassed Treasury, and restoring the national currency 
 to a specie basis. Accordingly in 1816 Congress chartered 
 a second United States Bank for a period of twenty years, 
 following substantially the plan of the first bank.^ 
 
 The central bank was located at Philadelphia, and in 
 time twenty-five branches were established. The affairs 
 of the bank were grossly mismanaged during the first two 
 years of its existence; and although sound business prin- 
 ciples prevailed later, the success of the first United States 
 Bank was only in part duplicated. The institution aroused 
 the hostility of the State banks, and eventually incurred 
 the enmity of President Jackson, whose famous war on the 
 bank (1832-1836) prevented the renewal of its charter. 
 
 446. Constitutionality of a Federal Bank. The question 
 of constitutionality was settled by the Supreme Court in 
 the celebrated case of McCuUoch v. Maryland ncOniiooii 
 (1819) .2 The Maryland branch of the bank refused '• ""?!""» 
 to pay the tax upon its circulating notes imposed by the 
 Maryland legislature, whereupon the State commenced 
 suit against the cashier, McCulloch, to recover the amount 
 of the tax. The opinion of the court, written by Chief- 
 Justice Marshall, is one of the ablest and most celebrated 
 expositions of the fundamental powers of the federal 
 government. The two points decided in this case are: 
 
 > The capital stock was to be $35,000,000, of which government subscribed $7,000,000. 
 Of the remainder, $7,000,000 was to be paid in specie, and $21,000,000 subscribed in govern- 
 ment stocks. The bank was authorized to issue convertible notes to the amount of its capi- 
 tal, these notes being accepted in payment of government dues. Government funds were 
 to be deposited with the bank unless the Secretary of the Treasury should otherwise direct 
 (in which case he was to lay before Congress the reasons for his action). In return for its 
 privileges, the bank was to pay the government $1,500,000 in three equal installments. Five 
 of the directors were appointed by the government, and Congress was empowered to au- 
 thorize an inspection of the bank's condition at any time. 
 
 » 1 Wheat. 316; Thayer's Cases, I, 271; u, 1340. 
 
368 GOVERNMENT AND POLITICS 
 
 (1) Under the constitution. Congress has the power to 
 charter a United States Bank, this being a necessary and 
 proper instrument for carrying on the fiscal operations 
 of government. (2) A State cannot tax such a bank or its 
 branches, since the bank is an instrument employed by 
 the federal government in the execution of its powers, and 
 such an agency is exempt from State taxation. ^ 
 
 447. State Banks. Much of the opposition to the first and 
 second United States Banks came from the banks chartered by 
 
 the various States. Three such institutions existed 
 IstlcB when the new government was established; in 1815 
 
 there were 208; and during the period from 1829-1837, 
 the number increased from 329 to 788, while the volume of note 
 issues and loans more than trebled. The character of the State 
 banks varied greatly, depending upon the conditions imposed 
 by the State granting the charter, and upon the surplus capital 
 available in the particular community. Some were "mere batches 
 of paper money" without property or resources; ^ others, especially 
 in New York and New England, were carefully regulated and 
 prudently managed. 
 
 The chief defects of the State banks were the excessive issues 
 of notes, and the making of loans on inadequate security. Note 
 
 issues were sometimes based upon the bank's assets 
 notes (which frequently amounted to nothing at all) ; ' or were 
 
 protected by a general safety fund ; or were based upon 
 the faith and credit of the State granting the charter. The notes 
 generally circulated at a discount ranging from ten to fifty per 
 cent, and were of such uncertain value that this form of money 
 became known as "wildcat currency." * 
 
 * " K the States may tax one instrument, employed by the governmeat in the execution 
 of its powers, they may tax any and every other instrument. They may tax the mail; they 
 may tax the mint; they may tax patent rights; they may tax the papers of the customs house; 
 they may tax judicial process; they may tax all the means employed by the government, 
 to an excess which would defeat all the ends of government. This was not intended by 
 the people. They did not design to make their government dependent on the States." — 
 4 Wheaton, 316; Thayer's Cases, II, 1S44. 
 
 * In the case d many State banks, the nominal capital consisted largely of promissory 
 notes, given by stockholders in payment of their shares. In 1814 the Pennsylvania legis- 
 lature chartered forty-one banks with an aggregate capital of seventeen milUons, only one 
 filth of which was required to be paid in; and fifteen of those chartered were insolvent 
 within four years. 
 
 ^ Upon the failure of the Farmers' Exchange Bank of Gloucester in 1809, the outstanding 
 notes of the bank amounted to $680,000, the specie on hand to $86.46. 
 
 * In January, 1863, the outstanding notes of the State banks amounted to $184,000,000, 
 and this amount was expressed in about 7000 varieties of notes issued by 1496 different 
 banks (not counting 5500 varieties of fraudulent notes). 
 
Coinage and cuRRMct Sed 
 
 In 1865, to strengthen the newly established national banking 
 system, Congress laid a tax of ten per cent on the suxe bonk 
 issue of notes by State banks, thereby taxing these notes ellm- 
 notes out of existence. Many State banks still exist, "**"* 
 performing the banking functions of deposit and discount; but 
 they cannot afford to issue notes because of the federal tax. 
 
 448. The National Banks. During the Civil War, the 
 imperious necessity of finding a market for United States 
 bonds, together with the recognized evils of the Estabiisii- 
 State bank currency, led to the establishment of "*°* 
 a system of national banks (February, 1863). In 1864 the 
 law was largely recast, and (with later minor changes), the 
 national banking system as it exists to-day was created. 
 
 Besides the usual banking functions of deposit and dis- 
 coimt, national banks perform three important public func- 
 tions: (1) that of affording a market for United pubUo 
 States bonds, (2) providing a paper currency of '™"'*''""' 
 uniform and stable value, and (3) serving as depositories 
 for public money. 
 
 (1) Organizers of a national bank (not less than five in num- 
 ber) are required to invest at least one fourth of the capital of 
 the bank in United States bonds, which are then de- 
 posited with the comptroller of the currency at Wash- JJ^^^jj, 
 ington. The minimum capital depends upon the size 
 
 of the city, and ranges from $25,000 in places of less than 3000 
 inhabitants to $200,000 in cities of over 50.000.^ 
 
 (2) The second pubUc function of national banks is that of 
 issuing notes. Every bank is entitled to receive from the comp- 
 troller national-bank notes equal in amount to the par jj^^^ i„iua 
 value of the bonds deposited. By depositing additional 
 
 bonds, banks may increase their note issues as business conditions 
 require (not, however-, in excess of their capital stock). The notes 
 issued are not legal tender, but they circulate throughout the 
 country at par because their ultimate redemption is guaranteed 
 by the deposit of United States bonds. 
 
 > That the national ban^ furnished valuable aid during the Civil War in creating a 
 market for United States bonds is shown by the fact that in 1866 there were 1644 banks, 
 owning bonds to the amount of 8331,000,000, with a note circulation of $280,000,000. On 
 August 9, 191S, there were 7488 national banks whose bonds for circulation amounted 
 to $735,800,000 with a note circulation of $7«4,500,000. Statutical Abstract, 1913, p. 6«S. 
 
S70 GOVERNMENT AND POLITICS 
 
 (3) The third public function is that of serving as depositories 
 for government funds. When government funds are 
 
 depoiltoTles ^^^^ deposited, the banks are required to furnish satis- 
 factory security by the deposit of United States or 
 
 other bonds with the Treasury Department. 
 
 449. The Independent Treasury System. During the 
 existence of the first and second United States Banks, 
 Early putuo these institutions had served as pubUc depositor- 
 4.po.itoiies jgg. jjj ^i^g interval between the two banks (1811- 
 1816), the government used the State banks as depositories, 
 as it did in 1834 when the Secretary of the Treasury with- 
 drew the government deposits from the United States Bank. 
 
 In 1840, it was proposed that the government should care 
 for its funds through the estabUshment of an independent 
 inaejendont treasury. Accordingly, in that year an act was 
 tieMiiry passed estabhshing the independent treasury 
 system which has existed since that date (except for the 
 period 1841-1845). ^ At the present time, the public funds 
 not deposited with the national banks are kept in the 
 treasury at Washington, and in nine sub-treasuries.^ 
 
 The drawback of the independent treasury system is 
 that it involves the withdrawal of large sums of money 
 Advantagoi from circulation, thereby causing spasmodic fluc- 
 ■na deieots tuatjons in prices and derangement of the money 
 market. On the other hand, the advantages of exclusive 
 government custody are : safety, complete control of funds, 
 and the prevention of favoritism in the designation of 
 public depositories. 
 
 450. Government Paper Money. Bank notes constitute 
 . one great class of paper currency; the other is 
 during War government paper money. The first issue of this 
 
 form of money under the constitution was during 
 the War of 1812, when treasury notes to the amount of 
 
 1 The act of 1840 establishing the independent treasury system was repealed in 1841; 
 but in 1846 the system was reestablished. 
 
 3 Located at Baltimore, Boston, Chicago, Cincinnati, New Orleans, New York, Phil- 
 adelphia, St. Louis, and San Francisco. Each sub-treasury ia in charge of an assistant 
 treasurer of the United States. 
 
COINAGE AND CURRENCY 371 
 
 $36,680,794 were issued (1812-1815). » These notes were 
 not legal tender, but were receivable for taxes and public 
 dues. The greater part was in denominations of not less 
 than twenty dollars, bearing interest at five and two-thirds 
 per cent. These notes remained at par in specie xmtil the 
 banks suspended specie payments (1814). 
 
 The panic of 1837 led to a second issue of treasury notes, 
 the total issues from 1837 to 1843 amounting to 
 $47,002,900. A third issue of such notes occurred 
 during the Mexican War (1846-1848). 
 
 During the Civil War, a large variety of interest-bear- 
 ing notes was issued, including one and two-year notes, 
 compound interest notes, and certificates of de- gi, y, tun 
 posit, amoimting in all to $1,098,000,000. These loans o« 
 issues, like the earHer ones, were not legal tender, 
 and were really certificates of indebtedness issued to secure 
 short-time voluntary loans. 
 
 451. Legal-Tender United States Notes. On Febru- 
 ary 25, 1862, an act was passed authorizing the issue of a dif- 
 ferent sort of currency — namely, $150,000,000 ijiiieo laenos 
 of legal-tender United States notes, in denomina- iuring oivu 
 tions of not less than five dollars. The notes au- 
 thorized were to be a legal tender for all public and private 
 debts, except duties on imports and interest on United 
 States bonds and securities.'' Inasmuch as the notes were 
 not redeemable in specie, they virtually constituted a forced 
 loan to the government. Shortly afterwards, a second act 
 was passed (July 11, 1862), authorizing the issue of another 
 $150,000,000. By acts of January 17, 1863, and March 3, 
 1863, a third issue of $150,000,000 was authorized. Thus 
 the legal-tender acts authorized a total of $450,000,000 in 
 notes, of which amoimt $431,000,000 was actually out- 
 standing on June 30, 1864. 
 
 1 Precedent for this kind of money was established during the Revolution, when the 
 Continental Congress authorized a total of forty issues of Continental Currency, amounting 
 in all to »241,«5S,780. 
 
 ^ Interest on securities was made payable in coin in order to sustain the government credit; 
 and duties on imports were payable in coin in order that the government might have specie 
 with which to pay the interest. 
 
372 GOVERNMENT AND POLITICS 
 
 The issue of these non-interest-bearing legal-tender notes 
 constitutes a landmark in our financial history, for it was 
 OontiovenT ^^ ^^^^ attempt under the constitution to create 
 over legal- fiat money — that is, paper currency not based 
 tender notes . in- , • • • x 
 
 upon com or buluon, containing no promise to 
 
 pay coin, and therefore not convertible. The opponents of 
 the measure urged the unconstitutionality of such action, 
 and the economic disasters which would surely follow. 
 On the other hand, the issue of legal tenders was declared 
 necessary and justifiable by reason of public exigency — the 
 necessity of meeting immediate government obligations, 
 and of providing money for the purchase of bonds. 
 
 The greenbacks fluctuated greatly in value, falling to 
 thirty-nine cents on the dollar in July, 1864. The chief 
 Depreoia- results of the depreciation were the rise of prices 
 '*™ of commodities, and the fluctuating premiums on 
 
 gold. Prices more than doubled from 1860 to 1865, while 
 money wages only increased about forty-three per cent. 
 Hence the heavy burden of inflation rested upon the labor- 
 ers of the country, since wages and salaries did not rise in 
 proportion to prices. ^ 
 
 After the war the volume of greenbacks was gradually 
 
 decreased, but yielding to popular opposition. Congress in 
 
 1878 ordered that there should be no further con- 
 Oontraotlon 
 
 traction of the greenbacks, and that when paid into 
 
 the treasury these notes should be reissued. Since this 
 legislation has not been repealed, the amount of legal- 
 tender notes then outstanding, $346,681,016, is still current. 
 452. Resumption of Specie Payments. Not until Janu- 
 ary 14, 1875, did Congress enact legislation looking toward 
 
 a resumption of specie payments. On that date an 
 Resumption ^ 1 • i- » 
 
 act was passed, providing for resumption on Janu- 
 ary 1, 1879. The Secretary of the Treasury was authorized 
 to use the surplus specie in the treasury for this purpose, 
 
 1 Tbe increased cost of the war to the government owing to the issue of paper money has 
 been estimated at from $600,000,000 to $600,000,000; but this amount is small in compari- 
 son with the burden placed upon the people by inflated prices. 
 
COINAGE AND CURRENCY 37S 
 
 and if necessary to obtain additional gold through the sale 
 of bonds. On becoming Secretary of the Treasury in 1877, 
 Sherman commenced the accumulation of a gold reserve; 
 and on January 1, 1879, he had accumulated $133,000,000 
 in coin ($95,500,000 through the sale of bonds). Slowly 
 but gradually the value of the greenbacks rose toward 
 parity with gold; and on December 17, 1878, they were 
 quoted at par. 
 
 453. Recent Currency Legislation. In 1913, Congress 
 passed the important currency measure known as the "Federal 
 Reserve Act." The purpose of this act is to make our 
 currency system more elastic, and our banking system 
 more responsive to the needs of trade. For example, if more 
 money is needed to meet business conditions, the new law permits 
 the issue of currency in the form of federal reserve notes. These 
 are secured by short-time commercial paper, and are withdrawn 
 from circulation when no longer needed. 
 
 The act creates a central managing board at Washington, 
 known as the "Federal Reserve Board." This consists of seven 
 members, including the Secretary of the Treasury, the 
 Comptroller of the Currency, and five members ap- serve Boarfl 
 pointed by the President. This board has general super- 
 vision over our national banking system. The entire United 
 States is divided into twelve federal reserve districts. In each of 
 these a chief city is selected as a banking center; for example. New 
 York, Chicago, St. Louis, San Francisco, and Cleveland are the 
 centers for their respective districts. 
 
 To understand the working of the measure, let us take the 
 federal reserve bank located at Cleveland as an example. This is 
 the reserve bank for District No. 4, comprising the 
 State of Ohio, western Pennsylvania, eastern Kentucky, ^l^l j^j^g 
 and the panhandle of West Virginia. All national banks 
 in this district are members of the system, each membership bank 
 having subscribed to the stock of the federal reserve bank.' The 
 Cleveland Reserve Bank is managed by a board of nine directors, 
 three of whom are chosen by the Federal Reserve Board at Wash- 
 ington, and six by the membership banks of the district. The Cleve- 
 land Reserve Bank holds a part of the reserves of its membership 
 banks, and exercises other important banking functions. 
 
 1 State banks may join the system upon their own application. 
 
374 GOVEKNMENT AND POLITICS 
 
 Let us suppose that for some reason, such as the moving of 
 crops, a large amount of money is needed temporarily in the 
 How the Cleveland district. This can be supplied in several 
 system aids ways. The Secretary of the Treasury, acting with the 
 business Federal Reserve Board at Washington, may transfer 
 additional deposits from unused money in the Treasury. Or the 
 Federal Reserve Board may make temporary transfer to Cleve- 
 land of surplus reserve funds in the federal reserve bank at Chi- 
 cago, or the one at New York. 
 
 Most important of all, the reserve bank at Cleveland is autho- 
 rized to rediscount commercial paper, and to supply its member- 
 Provision lor ^■'"P banks with currency to be loaned to their customers 
 an elastic upon such paper. In other words, the reserve bank 
 ouirency accepts from its membership banks the collateral on 
 which they have made loans, and issues to them notes or currency 
 in exchange for this collateral.^ Provision is made for the with- 
 drawal of this extra currency when the need for it has been met, 
 so that there may not be a permanent inflation of the outstanding 
 volume of circulating notes. In this way, a discount market is 
 created which makes the bills and notes that are given and taken 
 in ordinary business readily translatable into cash. 
 
 The new system will enable the banking power of the United 
 States to be used as a whole in times of emergency, very much as 
 Unities '^ there were one central bank with branches through- 
 
 our banking out the country. The scattered reserves of thousands of 
 system heretofore independent banks are mobilized, and made 
 
 mutually available for one another. Moreover, the government 
 will no longer deposit its surplus funds in ordinary banks, or let 
 them lie unused in the vaults of sub-treasuries; but rather, will 
 put them in the federal reserve banks, subject to the supervision 
 of the Federal Reserve Board at Washington. 
 
 Besides reforming our national banking system, the new currency 
 law extends the aid of that system to fields hitherto untouched. 
 Aid to ^® have seen that the act provides credit facilities for 
 
 agrloultnre agriculture, recognizing the peculiar needs of that in- 
 and lorelgn dustry, and making special provision for them. It also 
 lends its aid to our rapidly growing foreign commerce. 
 With the approval of the Federal Reserve Board, any national 
 bank with a capital and surplus of $1,000,000 may establish for- 
 eign branches "for the furtherance of the commerce of the United 
 States." 
 
 * The notea issued in this way arc redeemable in gold at the Treasury of the United 
 States, or in gold or lawful money at any federal reserve bank. 
 
COINAGE AND CURRENCY 375 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The Amerioan Federal State (1908), ch. xxvi. 
 Blackmar, F. W., Eamomict for High Schoolt (1907), chs. xxviii-xxix. 
 BuUock, C. J.. The Monetary History of the United States (1900), pp. 79- 
 
 Dewey, D. R., Financial History of the United States (1903). 
 
 Dunbar, C. F., Theory and History of Banking (1893), ch. DC. 
 
 Hart, A. B., Actual Qovemment (1903), pp. 496-499. 
 
 James, J. A., and Sanford, A. H., Oocernment in State and Nation (1903), 
 
 ch. XIX. 
 Jevona, W. Stanley, Money and the Mechanism of Exchange. 
 McClain, E., Constitutional Law in the United States (1905), ch. xm. 
 Walker, P. A., Money in its Rdations to Trade and Industry (1899). 
 Watson, D. K., History of American Coinage (1899). 
 White, H., Money and Banking (1896). 
 
 QUESTIONS AND EXERCISES 
 
 1. What were Hamilton's arguments in favor of the establishment of the 
 first United States Bank? 
 
 2. Prepare a report on Jackson's war on the second United States Bank. 
 
 3. Weigh a five-dollar gold-piece on a druggist's scales; weigh five silver 
 dollars. What b the ratio of these weights? 
 
 i. What is the market or bullion value of an ounce of gold? Of an ounce 
 of silver? What is the market ratio between the two metals? How 
 does this compare with the ratio found above? 
 
 6. What is the value of the silver in a silver dollar? What makes this 
 coin worth one dollar in gold? What is the value of the gold in a five- 
 dollar gold-piece? 
 
 6. How many grains of silver in a half-dollar? Do two silver half-dollars 
 contain as much silver as one silver dollar? Why are they worth as 
 much? 
 
 7. Examine the last Statistical Abstract, and prepare a table similar to 
 that in Section 436, showing the amount of money in the United States. 
 
 8. Prom this table calculate the per capita circulation of money in the 
 United States. 
 
 9. In what denominations are the different coins and paper money issued 
 by the government? 
 
 10. Bring to class each of the various forms of currency for careful exam- 
 ination. 
 
 11. What proportion of the total value of money in the United States is 
 in the treasury? 
 
 12. Explain how the Secretary of the Treasury may use his discretionary 
 powers so as to infiuence the money market. 
 
 13. What percentage of our entire circulation is either gold or gold certi- 
 ficates? 
 
 14. How does the amount of gold in circulation compare with the amount 
 of silver (or silver certificates) ? 
 
 15. What relation exists between prices and the amount of money in cir- 
 culation? How is the amount of currency increased as needed? 
 
376 GOVERNMENT AND POLITICS 
 
 16. Where is gold produced in large quantities? Where are the largest 
 silver-mines? What was the total production of each metal last year? 
 
 17. State Gresham's Law and describe its operation. 
 
 18. What sections of the country and what classes of the population have 
 generally favored cheap money? Why is this? 
 
 19. Prepare a report upon the free-silver issue in the campaign of 1896. 
 
 20. Prepare a report upon the three issues of United States notes during 
 the Civil War. 
 
 21. What is the essential difference between United States notes or "green- 
 backs," and other forms of paper money? 
 
 22. Explain the causes of the fluctuations in value of United States notes 
 during the period 1862-1879. 
 
 23. What do you understand by the resumption of specie payments? 
 
 24. Prepare a brief report upon the Legal-Tender decisions. 
 
 25. May the United States make its notes legal tender to individuals but 
 not to the government? 
 
 26. From your examination of a United States note, answer the following: 
 (a) In what year did Congress authorize its issue? (b) Is it a legal 
 tender? (c) Penalty for counterfeiting it? (d) What did the words 
 "will pay the bearer five dollars" mean when the note was issued? 
 (e) What do these words mean now? 
 
 27. Would it have been better if the framers of the constitution had in- 
 serted a prohibition of the issue of legal-tender paper money? What 
 danger is there in permitting Congress to exercise this power? 
 
 28. May Congress give the national banks a monopoly of the banking 
 business? 
 
 29. May a State government levy a tax upon a national bank, or its stock? 
 SO. Name the national banks in your city. What is the capital of each? 
 
 Why does the pubhc ordinarily have entire confidence in their manage- 
 ment? 
 
 31. Are national-bank notes legal tender? May Congress make national- 
 bank notes legal tender? 
 
 32. Name several State banks in your city. What functions do these 
 banks exercise? What function possessed by the national banks do 
 they lack? 
 
 33. Prepare a report upon the State banks prior to the Civil War. 
 
 34. What forms of credit are largely employed as a substitute for money? 
 
 35. Prepare a report upon the disadvantages of our independent treasury 
 system. (Kaye, P. L., Readings, pp. 464-482.) 
 
CHAPTER XXXI 
 
 COMMERCIAL FUNCTIONS 
 
 454. Commerce under the Confederation. The consti- 
 tution has been called "the child of pressing commercial 
 necessity"; and unquestionably the demoralized ngpj,ao„ 
 condition of commerce under the Confederation iiytiwuT- 
 was a potent factor in securing its adoption. 
 
 Under the Articles of Confederation, power to regulate com- 
 merce had been reserved to the several States; and accord- 
 ingly each commonwealth imposed its own restrictions 
 upon goods imported from other States or from foreign 
 countries. Hence each commonwealth competed with all 
 the others in foreign and interstate trade, and each sought 
 by reduced duties or more favorable navigation laws to 
 increase its trade at the expense of sister States. 
 
 455. Commerce under the Constitution. The constitu- 
 tion vests in Congress the power "to regulate commerce 
 with foreign nations and among the several States, f,„^^^_ 
 and with the Indian tribes." ^ Under this pro- tuHonai 
 vision, each State retains control of the commerce 
 
 wholly within its boundaries; and only when commerce 
 passes beyond State boundaries to another State or foreign 
 coimtry does it become subject to federal control.^ 
 
 The term "commerce" as used in the constitution has 
 been broadly construed by the Supreme Court. It Deiimtion 
 includes traffic, or the purchase and sale of goods, "' oonmi«roe 
 and also navigation and intercourse whether by land or 
 
 ' Cotutitvtion, Art. i, Sec. 8, Par. S. 
 
 ' The authority of Congress over foreign and interstate commerce is subject to two 
 constitutional limitations: (1) no tax or duty may be levied on articles exported from any 
 State; and (2) no preference may be given, by commercial or revenue regulations, to the 
 ports of one State over those of another. 
 
378 GOVERNMENT AND POLITICS 
 
 water, together with all the means or agencies by which such 
 intercourse is carried on. Transportation of persons, as well 
 as freight, is included within the term.' The control of 
 foreign commerce by Congress has been exercised chiefly 
 with reference to three subjects — navigation, the tariff, 
 and immigration. 
 
 456. Navigation. Congress regulates navigation be- 
 tween this country and foreign nations, and between the 
 Fodoiai States of the Union. Even navigation upon a 
 control stream wholly within the boundaries of a single 
 
 State is subject to federal regulation, provided the stream 
 by uniting with other waters forms part of "a continued 
 highway over which commerce is or may be carried on with 
 other States or foreign countries." ^ 
 
 In this connection. Congress has established rules of 
 navigation, including the law of the road at sea, and the 
 Roles of marine system of lights and signals. Congress 
 navigaUon j^g^g ^jg^ passed laws relating to the government of 
 seamen on American ships; defining the liability of ship- 
 owners; establishing port and quarantine regulations; ^ re- 
 quiring the employment of licensed pilots; providing for 
 coast surveys, lighthouses, buoys, life-saving stations, and 
 for the improvement of rivers and harbors. 
 
 Especially important are the acts relating to the registry 
 
 of ships. Vessels that are registered as American * are 
 
 entitled to the protection of this government in 
 
 Registry 0,11 1 , , 
 
 any part 01 the world, and have other important 
 privileges. Only American vessels can engage in the coast- 
 ing trade, a term which includes trade with our insular 
 possessions. Tonnage duties (taxes upon the carrying capac- 
 
 1 The power of Congreas I3 not limited to the condition of commerce as it existed when 
 the constitution was formed; but the grant is in terms broad enough to enable federal con- 
 trol to keep pace with the progress of the country. Hence, as new agencies of commerce 
 have been created, such as railroads, pipe-lines, telegraph and telephone systems, the federal 
 authority has expanded to include them in its scope. 
 
 > The Daniell Hall, 10 Wall. 557, 663. 
 
 ' For example, certain ports are designated as ports of entry for the collection of customs' 
 and at these ports all vessels are required to enter and clear. 
 
 * Under the present laws no vessel may be so regi,stered unless built in the United States 
 and owned by its citizens. 
 
COMMERCIAL FUNCTIONS 379 
 
 ity of the ship estimated in tons) are levied upon both 
 American and foreign vessels; but double duties are levied 
 upon foreign vessels built in this country. 
 
 In spite of restrictions intended to encourage American 
 shipping — some believe that partly owing to these re- 
 strictions — there has been a marked decline in jjjjujjg i„ 
 the proportion of our foreign commerce carried in American 
 American vessels. At one time United States ships 
 carried more than eight tenths of our foreign commerce; 
 to-day they carry less than one tenth. 
 
 As a remedy for this condition, a ship subsidy or bounty 
 paid by government to American vessels has been strongly 
 urged. Advocates of a subsidy point to the fact snip 
 that the American flag has almost disappeared """'''I'* 
 from the high seas, and claim that for economic and politi- 
 cal reasons it is undesirable to have our commerce with other 
 countries carried almost exclusively in foreign ships. They 
 urge that subsidies are paid by many countries, and that 
 they serve as a protective duty to both ship-building and 
 ship-owning. Opponents of a subsidy reply that the decline 
 in our shipping is due in part to unwise registration laws, 
 but more largely to economic causes, especially the change 
 from wooden to iron ships. They argue further that the 
 carrying trade should be in the hands of the country which 
 can carry most cheaply, and that it is improper to stimu- 
 late the business of ship-building and ship-owning by im- 
 posing a heavy burden upon other industries. 
 
 457. River and Harbor Improvements. The improve- 
 ment of waterways is one of the most important means of 
 aiding navigation, and for this purpose the federal jj^ _ 
 government spends annually many millions. Since mont oi 
 1822 about $450,000,000 has been thus appropri- ^^'"'''y^ 
 ated, the expenditures being authorized by "river and 
 harbor" bills, usually passed bieimially. The great de- 
 fect of river and harbor legislation is that many unimport- 
 ant improvements are undertaken in order to appease 
 
380 GOVERNMENT AND POLITICS 
 
 local interests and thus gain the necessary support of mem- 
 bers — an evil so great that the river and harbor bill haf 
 been facetiously dubbed the "pork barrel." 
 
 Extensive harbor improvements have been carried out, 
 such as the construction of breakwaters and piers at 
 Hariioi im- Chicago, Cleveland, Buffalo, and Milwaukee; and 
 provements ^^g^. g^mg ^j.q expended annually for the deepening 
 of harbors, principally by dredging. Expensive works have 
 been constructed on the Mississippi and Missouri rivers 
 to secure deep water by confining the channel between 
 walls, and a jetty system has been created at the mouth 
 of the Mississippi and other Gulf ports. Levees or arti- 
 ficial dikes have also been constructed on a large scale, 
 especially along the Mississippi.' All river and harbor 
 improvements undertaken by the federal government are 
 carried on under the direction of the Secretary of War, 
 aided by engineers of the United States Army. 
 
 The Panama Canal at the southern extremity of North 
 America is the greatest project yet undertaken by the 
 Panama United States for the promotion of commerce. 
 Canal -pj^g canal is fifty miles in length, from deep water 
 
 in the Caribbean Sea to deep water in the Pacific Ocean. 
 Constructed under the direction of the Department of 
 War, it was opened to commerce in August, 1914. 
 
 458. Tariff Duties. A system of tariff duties constitutes 
 one of the principal means by which the United States, 
 Revenue in common with many other countries, seeks to 
 taritt regulate commerce. Tariff duties include both im- 
 
 port and export duties, but the latter are forbidden under 
 our constitution, and are no longer levied by any import- 
 ant country. Import duties are sometimes levied solely 
 to secure revenue for the government, in which case oidy 
 commodities that do not compete with domestic products 
 are taxed. This system of duties is called a revenue tariff, 
 
 » The federal government has spent $130,000,000 on the Mississippi and its tributaries 
 since the Civil War. 
 
</,.,.■„«,(,, J ,;; (/,. /,/ 
 
 OPENING OF THE PANAMA CANAL 
 S.S. Anoon In the West Chamber, Gatun middle locks, August 15, 1914. 
 
 (£y courtesy of the Isthmian Caiutl Commission^ 
 OPENING OF THE PANAMA CANAL 
 S.S. Ancon on Gatun Lake, August 15, 1914. 
 
COMMERCIAL FUNCTIONS 381 
 
 and prevails in Great Britain, Holland, Belgium, and a few 
 other countries. 
 
 More often import duties are levied so as to restrict 
 foreign competition in the interest of home producers, 
 being laid upon commodities which compete with protective 
 domestic products. This system of duties is called *""'* 
 protective, and prevails in the United States and in manj 
 other countries. In the United States the tariff question 
 has frequently been an issue in political campaigns, and has 
 been widely discussed by writers upon economics. 
 
 4S9. Tariff History of the United States. Our tariff 
 history may be divided into four periods: the first extending from 
 1789 to 1816; the second from 1816 to 1842; the third from 1842 
 to 1860; and the fourth from 1860 to the present time. 
 
 The first period (1879-1816) was one of revenue tariffs, which iu 
 some instances afforded incidental protection. The second period 
 (1816-1842) is marked by the inauguration of the t. , , ^ 
 protective policy, and by bitter political controversy 
 upon this question. By the tariff act of 1816 duties were placed 
 upon iron and textile manufactures in order to protect the new 
 industries which had sprung up during the War of 1812 against 
 the competition of Great Britain's long established industries. 
 
 The development of these manufactures — chiefly in New Eng- 
 land and Pennsylvania — gradually made this region the stronghold 
 of the protective movement. The agricultural States of „ „ ^ 
 the West were won over to the policy of protection (uiio„nc,g 
 through the argument that the growth of manufactur- 
 ing centers is essential to afford a stable market for the sale of 
 agricultural products. The South, on the other hand, bitterly 
 opposed protection, on the ground that the tariff increased the 
 price of the manufactured articles for which its staple — cotton 
 — was exchanged. Southern opposition to the protective principle 
 was greatly increased by the so-called " Tariff of Abominations " 
 (1828) ; and in South Carolina this opposition finally culminated 
 in the famous Nullification Act of 1832. The following year a 
 compromise tariff act was passed, providing for a biennial re- 
 duction in rates until m 1842 a level of twenty per cent should be 
 reached. 
 
 The third period (1842-1860) is marked by the prevalence of 
 low rates, especially under the Walker Act of 1846, and the tariff 
 
382 GOVERNMENT AND POLITICS 
 
 of 1857, which reduced duties to a lower point than at any time 
 since the inauguration ot the protective policy in 1816. 
 
 The fourth period (1861-1910), is characterized by high pro- 
 tective tariffs, a policy inaugurated by the Morrill Act of 1861. 
 Throughout the Civil War, the imperative need for re- 
 uixmT" venue, together with the desire to offset the heavy in- 
 ternal revenue taxes on manufactures, led to repeated 
 tariff enactments, each increasing the rate of duties. After the 
 war most of the internal revenue taxes were repealed, but the high 
 protective duties remained, and became the permanent economic 
 policy of the country. 
 
 In the campaign of 1888 the tariff was one of the principal 
 issues. The success of the Republicans in the election led to the 
 enactment of the McKinley Tariff Act of 1890, a meas- 
 JJJ^I"^'' ure which extended the protective principle still fur- 
 ther, increasing rates to a point higher than the war 
 tariffs. By one provision of this act, the President was empowered 
 to impose duties upon certain commodities, such as sugar, mo- 
 lasses, tea, coffee, and hides, provided any country exporting these 
 commodities placed discriminating duties upon products of the 
 United States. 
 
 The victory of the Democratic party in the campaign of 1892 
 led to a partial reversal of the protective policy in the Wilson 
 Tariff Act of 1894. The act as originally passed by the 
 jjjyj™ House made substantial reductions in the rates, and 
 
 placed many raw materials on the free list. As amended 
 by the Senate and finally accepted by both houses, rates were 
 still reduced, but the measure on the whole was protective. The 
 most important provisions of the act were those placing lumber and 
 wool on the free list, and providing for an income tax to offset the 
 anticipated reduction in revenue. 
 
 This measure was replaced in 1897 by the strongly protective 
 tariff known as the Dingley Act, enacted by a Republican admin- 
 istration. The general purpose of the measure was to 
 xs^ut^^ restore the rates of the McKinley Act of 1890, but in 
 some cases even higher duties were imposed. 
 In response to a widespread demand for a revision of duties, the 
 Payne-Aldrich Tariff Act was enacted by a Republican Congress 
 Fayns- ^ 1909. This measure proved a disappointment to 
 
 Aldiloli those who desired substantial reductions in tariff rates, 
 
 *""* since it continued the policy of high protective duties. 
 
 In 1913, the Underwood Tariff Act was passed by a Democratic 
 Congress. Material reductions in tariff rates were made by this 
 
COMMERCIAL FUNCTIONS 383 
 
 Taw, and many important commodities, including sugar and othei 
 
 food products, were placed on the free list. An income 
 
 tax law was passed to ofiEset the anticipated loss of S^"'""* 
 
 revenue. 
 
 460. Arguments for Free Trade or a Revenue Tariff. 
 The term "free trade" as commonly used does not denote trade 
 free from all restrictions, but rather trade which is not 
 restricted by any duties except those essential for the beetrafe" 
 purpose of revenue. In other words "free trade" is 
 ordinarily used in the sense of "tariflF for revenue," as distin- 
 guished from the system of protective duties. 
 
 The principal arguments urged by those who advocate free 
 trade, or a revenue tariff, are as follows: — 
 
 (1) The arguments in favor of division of labor as between in- 
 dividuals apply with equal force to a territorial division of labor. 
 Just as individuals find advantage in following occupa- Tenltorlal 
 tions for which they are especially adapted, so different division of 
 countries, because of diversity in climate, soil, and nat- '**" 
 ural resources, will profit by devoting their capital and labor to the 
 industries for which nature has especially adapted them. Free- 
 dom of exchange facilitates this territorial division of labor by 
 permitting each country to employ its labor and capital in the 
 most productive manner; and the products obtained under these 
 favorable conditions may then be freely exchanged for goods 
 which can be more advantageously produced by other countries. 
 
 (2) A protective system, on the contrary, diverts labor and 
 capital from unprotected to protected industries. But _^ , „ 
 the fact that the protected industry needs artificial en- gtlmiilatos 
 couragement proves that it is relatively less productive; less 
 hence, such a diversion of labor and capital means JJSji^^Jg 
 curtailed production and economic waste, since it 
 compels the community to resort to more difficult and costly con- 
 ditions of production. 
 
 (3) Moreover, if the protective policy is consistently pjotgjUo„ 
 followed, tariff rates must be changed to conform to means 
 changing industrial conditions. Frequent revision of 're«"ent 
 tariff schedules creates unstable conditions of trade 
 
 and commerce, resulting in economic loss. 
 
 (4) Protection is also attacked as having encouraged the forma- 
 tion of trusts by enabling large combinations of capital proteotton 
 to secure a monopoly of the domestic market. World- lavora 
 wide competition, on the other hand, would make such *""" 
 monopolies difficult, if not impossible. 
 
384 GOVERNMENT AND POLITICS 
 
 (5) Freedom of trade between the various States of the Union 
 AsaloK7 is admitted by protectionists themselves to be an un- 
 born Inter- mixed good, notwithstanding the States diflFer greatly 
 state trade jjj g^jj^ climate, and rates of wages; and the same argu- 
 ment applies with equal force to foreign trade, which, it is claimed, 
 does not differ in principle from domestic trade. 
 
 (6) Again, protection is criticised on fiscal grounds. Since 
 duties are not levied primarily with reference to revenue, the 
 Plsoal income derived by the government bears no direct rela- 
 otjectlons to tion to financial needs. A large surplus invites waste- 
 protection £^j g^jjjj extravagant public expenditures; but the pro- 
 tective principle and the industrial danger from frequent changes 
 in tariff schedules tend to prevent a reduction in duties, even 
 when these are clearly excessive. 
 
 (7) Protection is condemned on political grounds, since its 
 
 tendency is to invite lobbying and corruption on the 
 objections P^""^ ^^ those interested in the special advantages 
 
 which it gives to certain favored industries. 
 461. Arguments for Protection. The chief arguments 
 urged in behalf of protection are as follows : — 
 
 (1) Diversification of industry is essential to the highest de- 
 velopment of a country, and protective duties induce the estab- 
 DlversUlca- lishment of industries which otherwise would not be 
 tlon of undertaken because of the marked advantages possessed 
 Industry j^y foreign producers in long established industries. 
 Under the shield of the protective duty the infant industry may 
 be established, and the burden to the consumer caused by the 
 duty is ultimately more than compensated by the permanent 
 creation of a profitable industry. From this point of view, pro- 
 tection is a temporary policy, necessary only until the new in- 
 dustries are firmly established, after which they may be able to 
 compete with foreign industries without the advantage afforded 
 by the tariff. 
 
 (2) The "home market" argument was advanced by Henry 
 Clay in order to reconcile the agricultural class to the "American 
 
 system," as protection was then called. Clay urged that 
 market *^® prosperity of the farmer depends upon a regular 
 
 and constant market for his agricultural produce, and 
 that such a market can be best obtained by upbuilding manufac- 
 turing centers within the country. Moreover, these home markets 
 demand perishable goods as well as agricultural staples, and 
 hence encourage the diversified farming which serves to preserve 
 the fertility of the soil. 
 
COMMERCIAL FUNCTIONS 385 
 
 (3) The wages argument is to-day largely relied on by protection- 
 ists, who point to the fact that higher wages are paid in our 
 protected industries than in similar unprotected indus- 
 tries in other countries. It is claimed that a withdrawal ar^^'gnt 
 of protective duties would lower the rate of wages and 
 
 the standard of living — in short, that it would pauperize the 
 laborers in many industries. 
 
 (4) Political and military reasons make it desirable that a na- 
 tion should be able to produce its necessities of life, as well as 
 its own military armaments. Hence for the sake of political 
 industrial self-sufficiency it may be advisable for a ana military 
 country to employ a part of its labor and capital even * '*" *^°* 
 in the relatively less productive industries whose existence is only 
 made possible by protection. 
 
 (5) Some protectionists, especially the German economists, 
 urge the importance of protection as a means of pro- National 
 moting a strong national feeling. Free trade, it is spirit 
 claimed, is cosmopolitan in its tendencies, whereas protection 
 promotes a sense of national unity. 
 
 462. Immigration. As part of its commercial power. 
 Congress may regulate immigration or the coming of for- 
 eigners to this country for the purpose of residence. Until 
 1882 immigration to the United States was free from any 
 restriction by federal law.' In 1882 Congress passed acts 
 designed to exclude the pauper, criminal, and insane classes 
 of aliens, as well as Chinese laborers; and a few years later 
 (1885), the Alien Contract Labor Law was passed. 
 
 Under these and later acts, the classes of aliens debarred 
 include idiots, insane persons, paupers or persons likely to 
 become public charges, epileptics and persons suf- classes 
 fering from contagious disease, criminals,- poly- ^^^i"*'* 
 gamists, anarchists, persons whose passage is paid by an- 
 other (with certain exceptions), laborers under contract 
 made previous to emigration to perform labor or service in 
 the United States, and Chinese and Japanese laborers. 
 
 Present restrictions on immigration are little more than 
 sanitary measures designed to protect this country from the 
 
 > Hovevei, the Alien Act, in force fiom 1798 to 1801, authorized the President to expel 
 from the United States any foreigners deemed dangerous to the peace of the nation. 
 
386 GOVERNMENT AND POLITICS 
 
 immigration of diseased or criminal classes. The prohibi- 
 Gronnds lor tion of Chinese, Japanese, and contract laborers 
 exclusion jg based upon social and economic considerations 
 • — to prevent the introduction of a dangerously low stand- 
 ard of Uving; and — in case of the Chinese and Japanese 
 — of a people incapable of assimilation. 
 
 Immigrants not qualified to enter are returned at the 
 expense of the steamship company bringing them, this 
 Adminis- liability continuing for a period of one year after 
 i^giation landing. Less than two per cent of the immi- 
 laws grants who reach this coxmtry are excluded. The 
 
 administration of immigration laws is entrusted to the 
 commissioner-general of immigration of the Department of 
 Labor. Inspection by United States officials is provided for 
 both at the point of departure and at the port of entry in 
 this country. 
 
 463. General Characteristics of Immigration. Certain 
 general characteristics of our immigration are so important 
 as to deserve particular notice. Foremost among these is 
 the great increase in the number of immigrants. Except 
 during two decades, immigration has steadily increased 
 since 1820, until the number of annual arrivals now ap- 
 proximates one million. 
 
 Even more important than this great increase in numbers 
 is the marked change in the character of immigration. 
 Change In Formerly the great majority of immigrants came 
 chaiactoT from countries allied to us in race or language — 
 from Great Britain, Germany, and the Scandinavian coun- 
 tries; while a very small proportion came from the peoples 
 of southern and eastern Europe allied to us by neither lan- 
 guage nor race, and hence vastly more difficult of assimila- 
 tion. Thus in the decades before 1880, about ninety per 
 cent of our immigrants came from the United Kingdom, 
 Germany, and the Scandinavian countries; and only about 
 ten per cent from the countries of southern and eastern 
 Europe, chiefly Italy, Russia, and Austria-Hungary. In 
 
COMMERCIAL FUNCTIONS 
 
 887 
 
 the years since 1880, the immigration from southern Em'ope 
 has rapidly increased, while that from northern Europe 
 has relatively declined. At the present time western Eu- 
 rope sends only about eighteen per cent of the total im- 
 migration, while southern and eastern Europe send nearly 
 seventy-six per cent, most of which comes from Austria- 
 Hungary, Italy, and Russia. 
 
 With this change in the sources of our immigration, the 
 
 71} ounan dt 90 
 
 IP) 
 ¥i 
 
 leasi 
 t9or\ 
 
 a Germmy 
 bUnited Kingdom 
 cNoruiiiu Sweden, Deamsrt 
 d British North America 
 eNelbalaiiiiJrdKfJielpumjSmtzeiiaii 
 
 Thotmmii SO KO ISO 200_ 2S0 3g0 
 
 Im^-Bimiarg 
 glMji 
 h Russia 
 i M Other cautriet 
 
 »rMt H) 10 Sd 40 SO 60 TO Bt 
 
 1 JomifmisJiMsaMntaniedinEatft. 
 
 SOUECES OF OUR IMMIGRATION FOR THE YEARS 1882 AND 1907 
 
388 GOVERNMENT AND POLITICS 
 
 percentage of illiterate immigrants has greatly increased. 
 Increase in Among Russian immigrants the percentage of il- 
 iiuteraoy literacy is 28.8 percent, among the Polish 31.6 per 
 cent, the southern Italian 54.5 per cent; while among German 
 immigrants it is but 4 per cent, among the English 2 per 
 cent, and among Scandinavian immigrants less than 1 per 
 cent. The demand for the exclusion of illiterates led Congress 
 in 1915 to pass a bill debarring aliens who could not read or 
 write English or some other language, but the measure was 
 vetoed by President Wilson. Such a law would exclude 
 nearly one third of the immigrants now coming to the 
 United States. 
 
 One of the most serious dangers from immigration arises 
 from the tendency of immigrants to concentrate in large 
 oonoentra- cities. About 14.7 per cent of the total population 
 Hon In cities ^f ^j^g United States is foreign-born; but in the 
 urban communities (cities, towns, villages, and boroughs), 
 22.6 per cent of the population is foreign-born, while in the 
 rest of the country only 7.5 per cent is foreign-born. In 
 ten of the larger cities of the United States, the number of 
 foreign-born inhabitants is more than one third of the 
 total population. This concentration of immigrants has 
 not only greatly increased the work of assimilation and 
 education, but it has rendered vastly more difficult the 
 many other problems which municipal governments must 
 solve. Other important social effects of immigration relate 
 to crime, pauperism, and insanity. Statistics show that 
 of the criminal, pauper, and insane classes, the foreign- 
 born furnish a much larger relative percentage than is the 
 case with our native-born population. 
 
 464. Control of Interstate Commerce. As already pointed 
 out, interstate as well as foreign commerce is subject to the 
 control of Congress. By interstate commerce is meant the 
 commerce which passes beyond the boundary of one State 
 and enters another. Thus the term includes the transport- 
 ation of goods, persons, or intelligence across State lines. 
 
UNITED STATES IMMIGRANT STATION 
 Ellis IslaDd, New York Harbor. 
 
 REGISTRY FLOOR, ELLIS ISLAND IMMIGRANT STATION 
 Sbowing tlie spaces in which the immigrants await examination before admission. 
 

 
 THE CUSTOM HOUSE AT XEW YORK CITY 
 One of the newest custom house buildings. 
 
 (PhofO!ira/>h by li'Ututm L. Jieec/ier) 
 THE CUSTOM HOUSE AT PHILADELPHIA 
 An example of the architecture of the older buildings of this sort. 
 
COMMERCIAL FUNCTIONS 389 
 
 While the power of Congress over interstate commerce 
 is complete, it is not exclusive as in the case of foreign com- 
 merce. Interstate commerce may be affected by _ . , 
 police regulations adopted by the States, such as control not 
 quarantine and inspection laws, designed to pre- 
 vent the introduction of persons or animals suffering from 
 contagious or infectious disease. In order that State regu- 
 lations affecting interstate commerce may be valid, two 
 conditions are essential. First, the subject must be local 
 in its nature, and one which can be best regulated by special 
 provisions adapted to localities.* Second, State regulations 
 even upon local subjects are invalid if the subject-matter 
 has been covered by federal legislation — since in matters 
 of interstate commerce, the police regulations of Congress 
 are of paramount authority. 
 
 465. Instruments of Interstate Commerce. One of the 
 
 most important means of promoting interstate commerce is the 
 postal system, an exclusive monopoly of the federal 
 government. The control of Congress over the postal system 
 service is based, not upon its power to regulate com- 
 merce, but upon its constitutional authority " to establish post 
 offices and post roads." ^ Whether Congress has constitutional 
 authority to make a government monopoly of other means of 
 transmitting intelligence, such as the telegraph and telephone 
 systems, is an open question. Up to the present time these natural 
 monopolies have been left in the hands of private companies, sub- 
 ject to congressional regulation of all interstate business transacted. 
 
 Money, has been called the mechanism of exchange, and it is 
 unquestionably one of the most important instruments of com- 
 merce. As we have seen, the federal government has (j,jjjj 
 entire control of the circulating medium, including the 
 right to coin money, to establish a standard of value, and to de- 
 clare what money shall be legal tender. 
 
 Furthermore, the power of Congress to provide a currency 
 and to borrow money has been held to warrant the National 
 estabUshment of our system of national banks. l"*^* 
 
 > If the subject ia national in its character, requiring or permitting uniformity of regula- 
 tion, such as transportation between the States, the power of Congress is exclusive; and 
 the absence of congressional legislation is equivalent to the declaration that commerce in 
 the matter shall be free. — Bowman o. Chicago and Northwestern By. Co., IM U. S. 507; 
 Thayer's Cases, ll, 2080. 
 
 > Cmitit^ion, Art. I, Sec. 8, Par. 7. 
 
390 GOVERNMENT AND POLITICS 
 
 The constitution vests in Congress power to fix the standard 
 of weights and measures,' recognizing the importance to com- 
 merce of a uniform system. The adoption by all the 
 m^^w""* States of the old English sUndards of weights and 
 measures has partly obviated the need of congres- 
 sional legislation. Up to the present time Congress has done little 
 in the execution of this power, except to make permissive but not 
 obligatory the use of the metric system.^ 
 
 The power of Congress "to establish uniform rules on the sub- 
 ject of bankruptcies throughout the United States," » affects 
 commerce to an important extent. The object of a 
 laws bankruptcy law is to provide a judicial process whereby 
 
 a person who cannot pay all his debts may divide his 
 property proportionately among his creditors, and be discharged 
 from further legal obligation.* 
 
 466. Railway Transportation. The period following the 
 Civil War was marked by a rapid development of the railway 
 Evils In industry. Many new lines were built, and an era 
 manage^ o^ excessive competition followed, which proved 
 ment injurious both to the roads and to the commvm- 
 
 ities which they served. Between two points with a single 
 line of railroad, rates were often exorbitant; whereas if 
 competing lines connected two cities, the rates were some- 
 times below cost — the railways compensating themselves 
 by heavy charges between points where there was no com- 
 petition. Not only were there discriminations as between 
 localities, but lower rates were often granted to favored 
 shippers, thus making possible the creation of monopolies 
 in certain industries. The railroads themselves endeavored 
 to correct some of the evils resulting from excessive com- 
 petition by forming combinations or "pools," — arrange- 
 ments under which all freight between certain points was 
 to be carried at a specific rate, and the proceeds pooled or 
 divided among the competing lines in a certain fixed ratio. 
 
 As a result of these conditions, the shippers and the 
 
 1 ComtUution., Art. i. Sec. 8, Par. «. 
 
 ' The metric system is in use throughout most of the western world except in the 
 United States, and in Great Britain and her possessions. 
 ' Constitution, Art. 1, Sec. 8, Par. 4. 
 < See Section £16. 
 
COMMERCIAL FUNCTIONS 391 
 
 public generally demanded that the government take steps 
 to regulate the railway traffic. Since the roads were ordin- 
 arily chartered by the States, relief was first sought from 
 the State governments; and many commonwealths estab- 
 lished railway commissions, some of which were authorized 
 to fix maximum rates and to prevent pooling, state control 
 State control proved ineffective because of its '"i^iiootivo 
 geographical limitations, since State regulations did not 
 apply to the transportation which passed beyond State lines. 
 By 1885, the railroads were deriving more than two thirds 
 of their revenue from the interstate traffic which individual 
 commonwealths were powerless to control, and widespread 
 public sentiment demanded federal regulation of interstate 
 transportation. 
 
 467. Interstate Commerce Act. Accordingly, in 1887, 
 Congress passed the Interstate Commerce Act. As amended 
 by subsequent legislation, its chief provisions are as follows : 
 
 (1) Discriminating rates in favor of individuals or local- 
 ities are prohibited, nor may railroads charge higher rates 
 for a short haul than for a longer one over the same route, 
 provided the short haul is included within the longer one. 
 
 (2) Pooling or combination for the purpose of dividing 
 traffic is declared illegal. (3) Publicity of railroad rates is 
 made compulsory by providing that all rates must be pub- 
 lished and can only be changed after due notice. (4) In 
 order to carry out its provisions, the act creates an Inter- 
 state Commerce Commission of seven members, with power 
 to require reports as to the operation of railroads, to hear 
 complaints, summon witnesses, make investigations, and, 
 under the Hepburn Act of 1906, to fix maximum rates. 
 The commission may enjoin railroads from continuing ac- 
 tions which it deems illegal, and may estabHsh maximum 
 rates by which the roads are bound; but its decisions are 
 not final, being subject to review by the courts. 
 
 The four great purposes of the act — to prevent dis- 
 criminations, abolish pooling, secure reasonable rates, and 
 
392 GOVERNMENT AND POLITICS 
 
 insure publicity in railway affairs — -have been, in large 
 Results measure, accomplished. Secret rebates, whereby 
 oi set Qj^Q shipper secures an unfair advantage over his 
 
 competitors, have been eliminated. Pooling has been abol- 
 ished; but in place of this crude form of combination, the 
 numerous short lines of earlier days are now consolidated 
 into great railway systems, often covering thousands of 
 miles of track. The chief efforts of the commission have 
 been devoted to securing rates from the railways which are 
 reasonable and uniform, so that all shippers may stand on 
 the same footing, and pay rates based on the value of the 
 service rendered. Publicity, together with the commis- 
 sion's power to adjust rates, has proven the most effective 
 means of bringing about this condition. The commission's 
 work has been of distinct educational value in stimulating 
 thought and discussion concerning railway affairs, and in 
 impressing upon the railroads a sense of their obligations 
 toward the public. 
 
 468. Sherman Anti-Trust Act of 1890. One of the most 
 important regulations of interstate commerce is the Sherman 
 Provisions Anti-Trust Law of 1890. This act declares il- 
 oiact legal every contract, combination in the form of 
 
 trust or otherwise, or conspiracy in restraint of inter- 
 state or foreign trade. For example, the consolidation of 
 competing railway lines through the organization of a cor- 
 poration to hold and control their stock is an arrangement 
 in restraint of interstate trade, and an illegal attempt to 
 form a monopoly. Persons found guilty of violating the law 
 are liable to fine or imprisonment, at the discretion of the 
 court. From 1890 to 1914, the enforcement of this law was 
 entrusted to the Attorney-General's office. There was no 
 commission, as in the case of the railroads, charged with the 
 duty of its enforcement. Suit after suit was brought by dif- 
 ferent Attorneys-General to break up illegal combinations. 
 The result often was, that the combinations were dissolved, 
 only to reappear in different form, pursuing about the same 
 
COMMERCIAL FUNCTIONS 393 
 
 methods. By reason of the uncertain, and changing poUcy 
 of government in enforcing this law, it proved impossible to 
 secure effective regulation of large corporations. 
 
 Accordingly, in 1914, Congress supplemented the Sherman Anti- 
 Trust Act by two measures: (1) an act creating the Federal Trade 
 Commission; (2) the Clayton Anti-Trust Law. The pgderai 
 Federal Trade Conamission consists of five members. Trade 
 appointed by the President. This commission receives O"™™''*'"" 
 reports from all corporations capitalized at $5,000,000 or more, 
 except common carriers. In general, its aim is to supervise the 
 activities of large corporations so closely as to prevent unfair com- 
 petition. Whenever there is reason to beheve that any business is 
 using unfair methods of competition, the commission can issue a 
 complaint. The offending corporation will then have to show that 
 the complaint is unfounded, or the commission will issue an order 
 to s.top the methods complained of. An appeal from this order may 
 be taken to the Circuit Court of Appeals. The advantage to busi- 
 ness of this method is, that the commission may promptly order 
 men to desist from unfair practices. The courts, on the other hand, 
 ordinarily must wait until the unfair acts are committed, and then 
 punish the perpetrators, even though their unfair practices may 
 have been committed in iimocence of wrong-doing. Thus the Fed- 
 eral Trade Commission is a kind of common-sense business court, 
 with power to regulate interstate corporations without too much 
 red tape and delay. Besides its power to restrain unfair competi- 
 tion, the commission has charge of the work formerly carried on by 
 the Bureau of Corporations. 
 
 The purpose of the Clayton Anti-Trust Law is to check monop- 
 oly, and tendencies toward monopoly, by specifying the partic- 
 ula acts which are in restraint of trade. This law for- ciayton 
 bids the existence of holding companies where they Aatl-Trnst 
 restrain commerce or tend to create monopoly. "In- 
 terlocking" directorates^ among banks with resources of more 
 than $5,000,000 are forbidden. The Clayton Law and the Federal 
 Trade Commission, President Wilson declares, will give a new 
 liberty of action to business men in the United States, and will 
 effectually kUl monopoly "in the seed." 
 
 1 " Interlocking " directorates are those in which the same men are placed on the hoards 
 of directors of different companies for the purpose of securing cooperative action — a prac- 
 tice which tends to create monopoly. 
 
394 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Andrews, J. D., American Law (1900), pp. 339-371. 
 
 Beard, C. A., American Government and Politics (1910), ch. xrx. 
 
 Readings in American Oovernment and Politics (1910), ch. XIX. 
 
 Black, H. C, Constitutional Law (1897), pp. 186-207, 368-371. 
 
 Blackinar, F. W., Economics (1907), ch. xxxi. 
 
 Bryce, James, The American Commonwealth (1907), ii, ch. CIII. 
 
 Dewey, D. R., National Problems (1907), ch. xii. 
 
 Goss, John D., The History of Tariff Administration in the United States 
 
 (1897), Columbia Univ. Studies, i, no. 2. 
 Hart, A. B., Actual Government (1903), ch. xxiv. 
 Jcnks, J. W., The Trust Problem (1901), ch. xi. 
 Johnson, E. R., Elements of Transportation (1909), chs. xvi-xviii, xxvii, 
 
 XXXV, XXXIX. 
 
 Latan^, J. H., America as a World Power (1907), ch. xvn. 
 McClajn, E., Constitutional Law (1905), chs. xiv, xv, xvi. 
 Pomeroy, J. N., Constitutional Law of the United States (1888), sees. 321- 
 
 412. 
 Reinsch, P. S., Readings on the American Federal Government (1909), ch. X. 
 Smith, R. Mayo, Emigration and Immigration (1890). 
 Story, J., Commentaries on the Constitution (5th ed., 1905), sees. 1056-1150. 
 Taussig, F. W., The Tariff History of the United States (1905). 
 Tucker, J. R., Constitutional Law (1899), ii, pp. 519-563. 
 Wright, Carroll D., Outline of Practical Sociology (1899), ch. vii, xxiv. 
 
 QUESTIONS AND EXERCISES 
 
 1. What was the amount of our foreign commerce last year? Did the 
 exports exceed the imports? 
 
 2. From which five countries do we buy the most goods? Which five are 
 our best customers? 
 
 3. Make a graphical comparison of our total foreign commerce with that 
 of Great Britain, Germany, France, and Japan. 
 
 4. State the principal arguments for and against a ship subsidy. 
 
 5. Can Congress regulate navigation wholly within the boundary of a 
 State? 
 
 6. Prepare a report upon the Panama Canal. Give an account of the 
 acquisition of the canal zone and of the work accomplished; state how 
 the canal will benefit commerce. 
 
 7. What amount did the federal government appropriate last year for 
 river and harbor improvements? What part of this was for your 
 State? Do inland cities receive any benefit from these improvements? 
 
 8. Prepare a report upon the Erie Canal, paying especial attention to its 
 effects on our commerce. 
 
 9. Examine the map of the United States, and suggest canals which would 
 aid commerce. 
 
 10. Name the great inland centers of commerce in the United States. 
 Explain how the commerce and industry of each has been aided : (a) by 
 canals; (b) by rivers; (c) by railroads. 
 
COMMERCIAL FUNCTIONS 395 
 
 11. Has the commerce of your city been aided by any of these means of 
 transportation? 
 
 12. May Congress prohibit all exportation of goods from the United States? 
 
 13. What percentage of imports are admitted free? What are the prin- 
 cipal articles on the free Ust? What articles furnish most of the tariff 
 revenues? On what articles are the highest rates levied? 
 
 14. After the protected industry has become firmly established, is it wiser 
 to increase or decrease the rate of duties? Do high protective duties 
 encourage the formation of trusts? 
 
 15. Name the articles of commerce which can be readily produced in the 
 United States. Those which cannot be easily produced here. Of the 
 latter, which ones are on the free list? 
 
 16. Why do business men object to frequent changes in tariff rates? 
 
 17. What is the present attitude of each of the political parties with regard 
 to the tariff? 
 
 18. Prepare a report upon the enactment, chief provisions, and political 
 results of the Payne-Aldrich Tariff Act. (Kaye, P. L., Readings, pp. 
 441^48.) 
 
 19. What is meant by reciprocity treaties? What are the advantages of 
 such treaties? What are subsidies? Bounties? 
 
 20. How many immigrants came to the United States last year? How 
 many were excluded? 
 
 21. What per cent of immigrants came from western Europe? From 
 southern and eastern Europe? What was the percentage of illiteracy 
 among the different nationalities? 
 
 22. Give arguments for and against an educational test for immigrants, 
 such as the abiUty to read and write their own language. 
 
 23. May Congress prohibit the immigration of persons of a particular 
 nationality? 
 
 24. May a State prevent immigrants from landing at its seaports? May a 
 State prohibit the inmiigration of foreign-bom persons coming from 
 other States? 
 
 25. May Congress regulate commerce carried on wholly within the bound- 
 aries of a State? 
 
 26. How does our federal system of government complicate the problem 
 of railway control? 
 
 27. Prepare a report upon the federal control of interstate commerce. 
 (Kaye, P. L., Readings, pp. 483-490; Eeinsch, P. S., Readings, pp. 
 507-526.) 
 
 28. Name the present members of the Interstate Conmierce Commission. 
 What is their salary? Term? 
 
 29. Is there a railway commission in your State? How do its powers com- 
 pare with those of the Interstate Commerce Commission? 
 
 30. Name five great railway systems engaged in interstate commerce. 
 How are they controlled by the federal government? 
 
 31. May Congress prohibit the consolidation of steamship companies? Of 
 railroads? 
 
 82. May Congress forbid the transportation across State lines of goods 
 manufactured by child labor? 
 
 S3. How has our government aided the construction of railroads? 
 
 34. Discuss the economic aspects of trusts, and the best methods of regu- 
 lating them in the public interest. (Jenks, J. W., The Trust Problem; 
 Kaye, P. L., Readings, pp. 492-497; Reinsch, P. S., Readings, pp. 
 485-507.) 
 
CHAPTER XXXII 
 
 INTERNATIONAL RELATIONS 
 
 469. International Law. International law is the body of 
 rules concerning mutual rights and duties which civilized 
 Setiniuon nations accept as binding in their dealings with 
 "na one another. These rules are sometimes formally 
 
 adopted in treaties or conventions, but more often 
 are usages which by general acceptance have become 
 obligations. For this reason international law is lacking in 
 precision and certainty. It depends for its enforcement 
 chiefly upon the spirit of justice and fair dealing among 
 nations, and upon the fact that violation of its rules may 
 lead to war. But in the United States, as in Great Britain, 
 international law is considered a part of the law of the land. 
 Congress being expressly empowered to define and punish 
 offences against it. 
 
 International law relates to the mutual rights and duties 
 of nations in time of peace as well as war. Thus it includes 
 such important subjects as emigration, naturaliz- 
 ation, extradition, representation through diplo- 
 matic and consular agents, maritime jurisdiction, protec- 
 tion of citizens and aliens, treaties and conventions of all 
 kinds, and arbitration. Within its scope are also included 
 such questions as the rights and duties of neutrals in time of 
 war, e. g., recognition of belligerent rights, rules governing 
 blockades, sieges, privateering, maritime captures, media- 
 tion, and intervention. 
 
 470. Federal Control of International Affairs. Under 
 our constitution, control of international affairs is vested 
 exclusively in the federal government, the States being 
 
illy courtesy of the Review cf Reviews Company) 
 THE GOVERNOR'S PAI.ACE AT SAN JUAN, PORTO RICO 
 
 i^By courtesy of the Review of Reviews Company) 
 
 INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS, AT 
 WASHINGTON, D. C. 
 
INTERNATIONAL RELATIONS 397 
 
 expressly prohibited from participating in this function. » 
 Thus the constitution gives the President and Senate sole 
 power to make treaties; grants Congress authority to regu- 
 late commerce with foreign nations, to punish offenses 
 against international law, to declare war, to raise and sup- 
 port armies, and maintain navies; and finally, it vests in 
 the federal courts jurisdiction over all cases involving for- 
 eign affairs. 
 
 471. History of American Foreign Policy. Largely owing 
 to the fortunate isolation of the United States from the field of 
 European politics, foreign affairs have occupied a com- 
 paratively subordinate place throughout the greater ^^8^^™' 
 part of our history; but on the several occasions when 
 American diplomacy has been put to the test, signal successes 
 have been won. The history of our foreign relations commences 
 with the Revolutionary struggle, in which, the important diplo- 
 matic results were the treaty of alliance ^ with France (1778), 
 the commercial treaty with Holland whereby that country also 
 recognized our independence, and finally the treaty of Paris which 
 ended the war (1783). The treaty of peace with Great Britain 
 may be considered one of the greatest triumphs of American 
 diplomacy; for the American commissioners, boldly disregarding 
 instructions from Congress to conclude no treaty without the con- 
 currence of the French ministry, negotiated directly with the 
 British government, and secured terms far more favorable to 
 America than were desired by her French and Spanish allies.' 
 
 472. The Struggle for Neutral Rights. Throughout the 
 years 1792-1815, Europe was in the throes of the Re- ojnjugjg 
 volutionary and Napoleonic wars; and the constant with France 
 aim of American foreign poUcy was to maintain an atti- "'j' ^'"»' 
 tude of neutrality between the belligerent powers — 
 
 * By express constitutional provision, no State may enter into any treaty, allianct or 
 confederation; grant letters of marque or reprisal; or, without the consent of Congress, levy 
 any import, export, or tonnage duties; keep troops or ships of war in time of peace; enter 
 into any agreement or compact with another State or foreign power; or engage in war 
 unless actually invaded or in imminent danger. 
 
 2 Our first and only treaty of aUiance greatly aided in the ultimate triumph of the Re- 
 volutionary cause; but its spirit was violated in the peace negotiations with England (1783), 
 and during the administrations of Waahington and the first Adams, it nearly involved us 
 in war with Great Britain. Thus its "early abrogation or repudiation baa made of it a red 
 beacon of warning against similar conventions in the future." — Foster, J. W., A Century 
 of American Diplomacy^ 31. 
 
 8 France proposed to confine the new nation to the narrow strip of territory between 
 the Atlantic Ocean and the Alleghanies, her policy favoring the possession by Spain of the 
 Ohio and Mississippi valleys. 
 
398 GOVERNMENT AND POLITICS 
 
 a position rendered difficult because of the aggressions of both 
 Great Britain and France upon American commerce. The key- 
 note of this poUcy was sounded by Washington in his neutrality 
 proclamation (April, 1793), announcing the neutral attitude of 
 the United States, and warning all American citizens to observe 
 its obligations. But French depredations upon American commerce 
 at length involved the United States in a quasi-war with that 
 country (1798-1800); and intolerable British outrages, including 
 the searching of American vessels and impressment of American 
 seamen, at last precipitated the War of 1812. Although the 
 Treaty of Ghent (1815) contained not a single provision concern- 
 ing the issues which had occasioned the war, the United States 
 had demonstrated that it would not suffer its rights as a neutral 
 power to be violated with impunity; and since that struggle 
 European nations have been slow to assume an aggressive policy 
 toward this country. 
 
 473. Policy of Territorial Expansion. No results of Ameri- 
 can diplomacy during the first half of the nineteenth century were 
 
 of greater importance than the several territorial acqui- 
 annoxau'ona ^i^ions which more than doubled the national domain. 
 
 Louisiana and the Floridas were peacefully acquired 
 by purchase; but the annexation of Texas resulted in the only 
 unjustifiable war in our history, as a result of which Mexico was 
 obliged to cede a vast domain to the United States. Eventual 
 expansion on the southwest was inevitable; but the verdict of 
 history is that the Mexican War was waged chiefly in order to 
 acquire territory out of which slave States might be formed. Hence 
 by strengthening the institution of slavery, this war indirectly pro- 
 moted the Rebellion. 1 
 
 474. Foreign Affairs during the Civil War. During the Civil 
 War, foreign relations were more critical than at any other period 
 Oioat Bilt- 'II °"i' history. The chief aim of American diplomacy 
 alnanl was to prevent foreign recognition of the Confederacy 
 France g^^ ^^ independent nation, and to ward off the constant 
 menace of European intervention. Throughout the long struggle 
 the governments of Great Britain and France were unfriendly 
 to the cause of the Union; and especially in the dark days of 1862 
 there seemed imminent prospect of joint intervention by these 
 two countries, or at least of their joint recognition of the Confed- 
 eracy. The British government was indirectly given to under- 
 stand that such recognition would result in a severance of diplo- 
 matic relations by the United States, and at length the crisis was 
 passed in safety. 
 
 * Fenonal Memoira 0/ Oeneral U S. Grant, pp. 6a-5i9. 
 
INTERNATIONAL RELATIONS 399 
 
 In the first year of the war, the capture of two Confederate 
 commissioners on board the British mail steamer Trent en route 
 for England seemed likely to result in a conflict with 
 Great Britain; but the United States government, ^^^ 
 adhering consistently to its historic policy concerniag 
 the right of search, disavowed the act of Captain Wilkes, and 
 restored the captured commissioners to the British authorities. 
 
 From the beginning of the war, the Confederacy made Great 
 Britain a base of military operations against the Union, and their 
 bold violation of British neutrality laws received little 
 check from the British government, notwithstanding nj^tjauty 
 the earnest protest of the United States minister. 
 Within a year after the construction of the Alabama (1862), this 
 ship and other British-built Confederate cruisers had swept 
 American commerce from the seas. 
 
 Not untU several years after the war was redress secured, but 
 finally, as the result of the Geneva Arbitration (1872), Great 
 Britain paid the United States $15,500,000 as damages 
 for the depredations of these cruisers. The Geneva iiMtiation 
 Arbitration not only settled the immediate question at 
 issue between the two countries, but it helped to repair the breach 
 of friendship resulting from Great Britain's attitude during the 
 war. Not least among its results, this adjustment set the world 
 an example of the value of arbitration as a substitute for war in 
 the settlement of international disputes. 
 
 475. The Monroe Doctrine. In his farewell address 
 
 (September, 1796), Washington announced a maxim which 
 
 has since become a fundamental principle of jiaximsoi 
 
 American foreign policy — that this country will wasMngton 
 
 , , ,..«^«. and Monioo 
 
 refrain from intermeddling m the political affairs 
 
 of Europe. President Monroe in his celebrated message 
 
 to Congress of December 2, 1823, announced the second 
 
 fundamental principle — that the United States will not 
 
 tolerate intervention in American affairs on the part of 
 
 European nations. 
 
 At the time when the Monroe Doctrine was formally 
 
 announced, it seemed probable that the European Monroe 
 
 powers imited in the Holy AUiance ^ would en- ^""^^^ 
 
 deavortoreestabhsh the Spanish dominion over the South 
 
 > The Holy Alliance formed in 1815 included the Emperors of Euasia and Auatria, and the 
 
400 GOVERNMENT AND POLITICS 
 
 American countries which had practically achieved their 
 independence. In his famous message President Monroe 
 laid down two principles of the greatest importance: First, 
 "that the American continents, by the free and independ- 
 ent condition which they have assumed and maintain, 
 are henceforth not to be considered as subjects for future 
 colonization by any European powers." Second, with regard 
 to the Spanish-American states which had asserted and 
 achieved their independence, that "we could not view any 
 interposition, for the purpose of oppressing them, or con- 
 trolling in any other manner their destiny, by any European 
 power, in any other light than as the manifestation of an 
 unfriendly disposition toward the United States." 
 
 In its essence the Monroe Doctrine is thus a declaration 
 of home rule — America for the Americans. On numerous 
 
 . ,. . occasions in our history, its principles have been 
 Applications , .7 
 
 invoked, notable instances being the protest of the 
 
 United States against Spain's contemplated transfer of 
 Cuba to either Great Britain or France (1825), during the 
 insurrection in Yucatan (1848), on the occasion of the occu- 
 pation of Mexico by French troops and the establishment 
 of an empire supported by French bayonets (1862-1866),^ 
 at the time of De Lesseps' unsuccessful attempt to construct 
 a Panama canal (1880), and finally in the interposition by 
 President Cleveland during the controversy between Great 
 Britain and Venezuela over the boundary of British Guiana. 
 476. Present Position of the United States. From a 
 A world feeble third-rate power at the beginning of the 
 power nineteenth century, the United States has expand- 
 
 ed its boundaries and developed its resources until to-day it. 
 
 King of Fruasia, France being soon afterwards admitted. The real object of the Alliance 
 was to repress movements looking toward the establishment of constitutional govern- 
 ment, and to support the despotic powers of the several sovereigns. 
 
 1 During the Civil War the United States was not in a position to resist French aggres- 
 sions in Mexico; but at its close an army under General Sheridan was sent to the Rio 
 Grande frontier, and the French Emperor (Napoleon III) was given to understand that 
 his troops must be withdrawn. Shortly after their withdrawal, Mexican troops overthrew 
 th« imperial government, reestablished the republic, and executed Emperor Maximilian 
 (1867). 
 
INTERNATIONAL RELATIONS 401 
 
 is recognized as one of the foremost powers of the world. 
 The annexation in 1898-1899 of Hawaii and the Philip- 
 pines gave this country points of vantage in the struggle 
 for supremacy in the Pacific; and the completion of the 
 Panama Canal will greatly strengthen our position and 
 prestige among the nations. 
 
 477. Arbitration. Disputes often arise between nations 
 which cannot be settled through the ordinary diplomatic 
 channels; and arbitration has been devised as a substi- 
 
 a pacific means of adjusting such differences and *''** '" '^" 
 of avoiding war, the ultimate and most terrible method of 
 redress. Arbitration tribunals may be either temporary 
 or permanent, and in either case are usually constituted by 
 treaty between two or more countries, each agreeing to refer 
 serious matters of dispute to arbitration, and to abide by 
 the award. In modern times economic motives as well as 
 humanitarian considerations have led to the employment 
 of this method to an extent hitherto unknown; thus in the 
 nineteenth centuiry there were over one hundred and thirty 
 important cases of arbitration. In both the number of 
 arbitrations and the importance of the questions involved, 
 the United States and Great Britain have led the world, 
 the Geneva award of 1872 still forming a landmark in the 
 history of arbitrations. 
 
 The year 1899 was marked by the establishment at The 
 Hague of a permanent court of arbitration. This tribunal 
 is composed of members chosen from a permanent Tiie Hague 
 list of arbitrators nominated by the nations con- """^ 
 cerned. The first resort to this tribunal was made by the 
 United States and Mexico in 1902, and since that time The 
 Hague Court has been the means of settling many inter- 
 national disputes. 
 
 478. Foreign Intercourse. Intercourse with foreign na- 
 tions is carried on through two classes of agents mpiomatio 
 belonging either to the diplomatic or the con- aadconsuiai 
 sular service. Broadly speaking, diplomatic agents 
 
402 GOVERNMENT AND POLITICS 
 
 have charge of international affairs of a political nature, while 
 consular agents are chiefly concerned with those of a busi- 
 ness or commercial character.^ The official head of both 
 diplomatic and consular services is the President; but in 
 matters of foreign affairs he ordinarily acts through the 
 Secretary of State, who personally directs our foreign policy 
 in accordance with the instructions and advice of his chief. 
 479. Diplomatic Representatives. The diplomatic re- 
 presentatives of the United States are of four grades or 
 classes: ambassadors, envoys extraordinary and 
 ministers plenipotentiary, ministers resident, and 
 charges d'affaires, or diplomatic subordinates temporarily 
 in charge of the business of the legation. In all, the United 
 States has diplomatic representatives in forty-eight foreign 
 countries. Representatives of highest rank, or ambassadors, 
 are sent to ten countries;^ while in thirty-six others, our 
 representatives have the rank of envoys extraordinary and 
 ministers plenipotentiary.' 
 
 The President appoints diplomatic representatives 
 (subject to confirmation by the Senate) ; and he may remove 
 Appoint- them at his discretion. The term of foreign repre- 
 gnaiiioa- sentatives is not fixed by law, and many changes 
 uons occur when a new President assumes office. No 
 
 constitutional or statutory qualifications are prescribed for 
 those who serve in this capacity; but appointees are gener- 
 ally men of considerable training in public service. 
 
 The salary of ambassadors is $17,500; ministers pleni- 
 potentiary receive from $10,000 to $12,000; secretaries of 
 Salary legations from $1200 to $3000. These salaries 
 
 are small in comparison with those paid by other 
 countries for similar service; and the cost of heading a lega- 
 tion at the most important capitals is so great that only 
 
 1 But the diplomacy of the present century is largely occupied with the extension of trade, 
 so that the work of the diplomatic service, as well as that of the consular service, is inti* 
 mately connected with the advancement of commercial and trade interests. 
 
 • Austria-Hungary, Brazil, France, Germany, Great Britain, Italy, Japan, Mexico, 
 Russia, Turkey. 
 
 8 In Liberia, the United States is represented by a minister resident ; in Egypt, by 
 on agent. 
 
INTERNATIONAL RELATIONS 403 
 
 men of independent means can afford to accept the ap- 
 pointment. 
 
 The duties of our representatives in foreign countries are 
 in general to safeguard and advance American interests in 
 every possible way. They are to cultivate friendly 
 relations with the power to which they are accred- 
 ited; in case an American citizen is imlawfuUy treated, it is 
 for them to seek redress ; and not infrequently they are called 
 upon to negotiate treaties under the personal direction of 
 the Secretary of State. ^ 
 
 Our representatives abroad are accredited to the rulers 
 of the various powers, and foreign representatives in the 
 United States to the President. A government Reoopiition 
 may refuse to recognize in a diplomatic capacity a"*"caii 
 any individual who for special reasons is offensive (persona 
 non grata) . In such case a new appointment must be made, 
 or as a mark of displeasure the post may be left in charge 
 of a subordinate.^ So, too, any country may demand the 
 recall of a minister who has made himself obnoxious to its 
 government; or in exceptional cases, may summarily dis- 
 miss him.' 
 
 Diplomatic representatives enjoy important privileges 
 and immunities, partly owing to the fact that they are the 
 direct representatives of sovereign powers, partly privHogos 
 because the important functions which they per- and immnn- 
 form demand complete mdependence of action. 
 The more important of these immunities are: (1) Ex- 
 emption of the person of the minister from local jurisdic- 
 tion, civil and criminal. In other words, he is not liable to 
 arrest for any reason whatever, an exemption shared to a 
 certain extent by his family and suite. (2) Inviolability of 
 his residence, papers, and effects from any search or seizure. 
 
 1 For the treaty-making power, see Section 379. 
 
 « In 1885, Italy and Austria successively declined to receive the minister appointed by 
 President Cleveland. 
 
 • The most famous instance in our history was the dismissal by President Washingtoc 
 of the French agent. Genet. A less noted case was the dismissal of the British minister 
 to the United States on account of his indiscreet utterances concerning the presidential 
 •lection of 1888. 
 
404 GOVERNMENT AND POLITICS 
 
 (3) Exemption of his personal belongings from taxation. 
 
 (4) Entire freedom of worship for himself and his suite. 
 These privileges result from the principle known to law as 
 ex-territoriality; that is to say, by a legal fiction, the minis- 
 ter is supposed to carry with him the jurisdiction of his 
 home government over his person and residence, excluding 
 to this extent the foreign jurisdiction. 
 
 480. Consular Officers and Agents. Consular officers, 
 the second great class of foreign representatives, are charged 
 Classes ana with the special duty of advancing the commer- 
 saiary ^jg^j interests of the United States. The principal 
 
 consular officers are consuls-general, consuls, and commer- 
 cial agents. ' Consuls-general are ordinarily sent to foreign 
 capitals. Generally they have supervisory authority over 
 the consuls in the country to which they are sent, and they 
 often serve as consuls in the city where they reside. The 
 salaries of consuls range from $2000 to $8000; those of 
 consuls-general from $3000 to $12,000. 
 
 Consular officers, like diplomatic representatives, are 
 appointed by the President subject to confirmation by the 
 Senate.^ Until recent years, any consular officer 
 rnent asi could be removed by the President at will, and ap- 
 pointments were generally given to those who had 
 made themselves useful in political campaigns. This policy 
 greatly impaired the efficiency of the service; and finally, 
 by executive orders issued in 1906 and 1909, a merit system 
 was established for the consular service (also in the lower 
 grades of the diplomatic service). Original appointments 
 are made from persons whose qualifications have been 
 tested by a non-competitive examination. Promotions are 
 made on the basis of ability and efficiency, as shown in 
 lower grades of the service. 
 
 Although consuls are not entitled to the immunities of 
 
 1 There are also vice-consuls-general, deputy consuls-general, vice-consuls, deputy consuls, 
 consular agents, consular and office clerks, interpreters, and marshals of consular courts — 
 in all over one thousand officials. 
 
 2 Except commercial agents who are appointed by the President alone. 
 
INTERNATIONAL RELATIONS 405 
 
 diplomatic representatives, most countries provide by treaty 
 that they shall not be subiect to arrest Lq civil 
 cases, or to the seizure of their archives. 
 
 The duties of consuls pertain chiefly to commerce and 
 trade; for example, they certify invoices of merchandise 
 shipped to the United States; advise the home 
 
 Sutlos 
 
 government of any infraction of treaty regula- 
 tions; and report periodically upon economic conditions in 
 the country where they reside, paying especial attention 
 to possible expansion of United States commerce.' They 
 also aid distressed American seamen who are ill or stranded 
 in foreign ports; act as notaries for the authentication of 
 various legal documents; certify to marriages, births, and 
 deaths among Americans living within their respective 
 consular districts; vise and in certain cases issue passports; 
 aid in enforcing our immigration laws; and in general "stand 
 as protectors and advisers of their countrymen in foreign 
 lands." 
 
 Consuls also perform certain judicial functions. They 
 investigate and arbitrate differences between masters and 
 crews which have occurred on American ships judicial 
 on the high seas; and in a number of countries, i""'"* 
 including Madagascar, China, Siam, and Turkey, our con- 
 suls have jurisdiction in both civil and criminal cases in- 
 volving American citizens. 
 
 GENERAL REFERENCES 
 
 Beard, C. A., American Oovemment and Politics (1910), ch. xvi. 
 
 Readings in American Government and Politics (1910), ch. XVI. 
 
 Baldwin, S. E., Modern Political Institutions (1898), chs. xii, xm. 
 Bryce, James, The American Commonwealth (1907), ii, chs. xciv, cxii. 
 FairUe, John A., The National Administration of the United States (1905), 
 
 pp. 81-91. 
 Forman, S. E., Advanced Civics (1906), ch. xxxiv. 
 Foster, J. W., A Century of American Diplomacy (1900). 
 Hart, A. B., Actual Government (1903), ch. xxni. 
 National Ideals (1907), ch. xvii. 
 
 • These reports are published monthly in the series known as the Consular Reports. 
 
406 GOVERNMENT AND POLITICS 
 
 Henderson, J. B., American Diplomatic Questions (1901). 
 
 Latane, 3. H., America as a World Power (1900), ch. vi. 
 
 McClain, E., Constitutional Law (1905), ch. xxiii. 
 
 Pomeroy, J. N., Constitutional Law (1888), sees. 669-681. 
 
 Reinsch, P. S., Readings on the American Federal Government (1909), ch. xil 
 
 QUESTIONS AND EXERCISES 
 
 1. Prepare a report upon the treaty of alliance with France (1778). 
 
 2. Discuss the Treaty of Paris (1783). 
 
 3. Discuss the origin, applications, and present status of the Monroe 
 Doctrine. (Consult Foster, J. W., A Century of American Diplomaei/.) 
 
 4. Prepare a report upon the diplomacy of the Civil War. 
 
 5. Discuss the French occupation of Mexico. 
 
 6. Give an account of the Alabama claims. 
 
 7. Report upon the rights and obligations of neutrals in time of war. 
 
 8. Has the Senate the right to be consulted before beginning treaty ne- 
 gotiations? 
 
 9. Give an account of the proposed arbitration treaty with Great Britain 
 in 1897. Why was it rejected by the Senate? 
 
 10. May the House of Representatives refuse appropriations necessary to 
 carry out a treaty? 
 
 11. May a treaty be superseded by a statute? A statute by a treaty? 
 
 12. May a State be compelled to observe the provisions of a federal treaty? 
 
 13. Give an account of the annexation of Hawaii. 
 
 14. Name several of our most important treaties, and state what questions 
 were decided. 
 
 15. Name some of our greatest diplomatic successes. 
 
 16. Name several of the greatest ambassadors who have represented the 
 United States abroad. 
 
 17. Name our present ambassadors to France, Germany, Great Britain, 
 and Russia. Name the ambassador sent by each of these countries to 
 Washington. Are there any foreign consuls in your city? 
 
 18. Describe fully the peace conference at The Hague. What influences 
 are now at work for international peace? What are the chief obstacles 
 in the way of the realization of this ideal? 
 
 19. Describe the efforts to improve our foreign service through the applica- 
 tion of civil service rules. (Reinsch, P. S., Readings, pp. 651-675.) 
 
CHAPTER XXXIII 
 
 TERRITORIAL FUNCTIONS 
 
 481. Territorial Power under the Constitution. For sev- 
 eral years prior to the adoption of the constitution, the 
 Confederation government had been in possession Qoj,gtu„. 
 of a vast domain west of the AUeghanies to which uonai p'o- 
 the individual States had surrendered their claims. 
 
 This condition naturally suggested the provisions of the 
 federal constitution relating to territories and the admission 
 of new States. Accordingly the constitution vests in Con- 
 gress power "to dispose of and make all needful rules and 
 regulations respecting the territory or other property be- 
 longing to the United States"; and under certain limita- 
 tions, to admit new States to the Union. ^ 
 
 The constitution itself is silent in regard to the power to 
 acquire new territory; but annexations have been m.jjtj, 
 made repeatedly throughout our history, until aomiiro 
 to-day this right is as firmly established as though 
 expressly granted. 
 
 482. Expansion of the National Area. Since the origin of 
 the federal Union in 1789, the United States has expanded 
 its boundaries, and its original area of 892,135 square 
 miles has been increased to 3,743,306 square miles at the 
 present time. The various annexations by which this 
 enormous increase has been made are as follows : — 
 
 (1) In 1803 the vast territory known as Louisiana was 
 purchased from France for $15,000,000. This loBisiana 
 territory included all of the western Mississippi J'""''"' 
 valley and the isle of Orleans, an imperial area of nearly a 
 million square miles. 
 
 * Coiutitittion, Art. iv, Sec. 3. 
 
408 GOVERNMENT AND POLITICS 
 
 (2) The second annexation was that of Oregon, the ter- 
 ritory west of the Rocky Mountains between parallels forty- 
 two and forty-nine degrees north latitude. Title 
 to this region was by discovery and exploration 
 based partly upon the voyage of Captain Gray in 1792, 
 but chiefly upon the overland expedition of Lewis and Clark 
 in 1805. Our title to Oregon was for a time contested by 
 Spain, Russia, and Great Britain; and the latter country 
 did not relinquish its claim until 1846, when the treaty was 
 signed establishing the present northwestern boundary be- 
 tween the United States and Canada. ^ 
 
 Ida ^^^ ^^ ^^^^ Florida was purchased from Spain 
 
 for $5,000,000, thereby giving the United States 
 a natural boundary on the southeast. 
 
 (4) In 1845 the independent state of Texas 
 was admitted to the Union by a joint resolution 
 of Congress. 
 
 (5) In 1848, by the treaty which closed the Mexican 
 FiistHexi- War, the United States acquired the immense 
 can cession g^jea, south of Oregon' and west of Texas, includ- 
 ing California and what was then called New Mexico.^ 
 
 (6) In 1853 the second Mexican annexation known as 
 Oadsaon the Gadsden Purchase added a narrow strip in the 
 Purchase southern parts of Arizona and New Mexico, the 
 consideration paid Mexico being $10,000,000. 
 
 (7) In 1867 the vast territory of Alaska, comprising nearly 
 
 600,000 square miles, was purchased from Russia 
 for $7,200,000. 
 
 (8) The Hawaiian Islands, over which a protectorship had 
 
 virtually existed since 1851, were annexed by a 
 Hawaii . • 1 • » ^ • 
 
 joint resolution oi Congress m 1898. 
 
 Porto Rioo (^) ^y ^^^ treaty which closed the Spanish- 
 
 anam, American War (December, 1898), Spain ceded to 
 
 this country Porto Rico, Guam, and the Philip- 
 
 ' Hence 1840 is often given as the date of this annexation. 
 
 3 On the map of the United States as it is to-day, this territory includes California, New 
 Mexico. Arizona, Nevada, Utah, and portions of Colorado and Wyoming. 
 
TERRITORIAL FUNCTIONS 400 
 
 pine Islands, receiving as indemnity the sum of $20,000,- 
 000.1 
 
 (10) In addition to the foregoing important annexations, 
 
 the United States has acquired title to a number of islands 
 
 of minor importance, including a few guano _ 
 
 ' 1 J tr 1 p r^ samoan ana 
 
 islands on the coast of South America and in the minor 
 
 Gulf of Mexico; also Midway, Baker, and Wake '^'^"^ 
 
 islands in the Pacific; and (in 1899) several of the Samoan 
 
 islands, the most important of which is Tutuila. 
 
 (11) For a consideration of $10,000,000, the Republic of 
 Panama in 1904 ceded to the United States per- Panama 
 petual control of a strip of land extending across """^ ^'•"' 
 the Isthmus of Panama, five miles in width on either side 
 of the proposed canal route. 
 
 483. Early History of Northwest Territory. The history 
 of the territories belonging to the United States commences 
 with the vast area north and west of the Ohio western 
 River, which in the latter part of the eighteenth '""^ "^"^^ 
 century was vaguely described as the Northwest Territory.' 
 By the Treaty of Paris (1783), Great Britain rehnquished 
 her title to this region; and the question of ownership was 
 disputed by Virginia, New York, Massachusetts, and Con- 
 necticut, each of which laid claim to the territory either in 
 whole or in part. 
 
 These claims were viewed with alarm by such States as 
 Maryland, Rhode Island, New Jersey, and Delaware, 
 themselves so situated that they could not hope to Bstatusii- 
 expand in any direction. Maryland took the lead JJi^g" ° 
 in suggesting that the western lands be formed aomata 
 into a public domain to be held by Congress for the common 
 benefit of the States, and steadfastly refused to ratify the 
 Articles of Confederation until assurance was given that 
 this course would be adopted. Ultimately Connecticut, 
 
 1 Spain also relinquished her title to Cuba, which became an independent republic, al- 
 though the United States has reserved the right of intervention in case of foreign aggrea- 
 ston or serious domestic disorder. 
 
 * Out of this territory the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin havfl 
 been formed. 
 
410 GOVERNMENT AND POLITICS 
 
 Virginia, and Massachusetts, following the example set 
 by New York in 1780, ceded to the United States their 
 claims to the region west of the Alleghany Mountains. ^ 
 
 484. Early Territorial Legislation. By a resolution passed 
 in 1780, the Continental Congress had promised that the 
 Territorial lands ceded by the claimant States should be "dis- 
 P°"°y posed of for the common benefit of the United 
 States, and be settled and formed into distinct republican 
 States which shall become members of the federal Union." 
 The two principles set forth in this resolution have ever 
 since formed the basis of the territorial and public land 
 policy of the United States. 
 
 A few years later Congress voted that a committee should 
 OnUnanoa be appointed to draw up a plan for the government 
 oi 1784 q{ j^-g ne-yjrly acquired domain in the west; and ac- 
 cordingly Jefferson as chairman reported the plan which with 
 some changes was adopted as the "Ordinance of 1784." 
 
 485. Ordinance of 1787. A second and more famous 
 territorial act, known as the Ordinance of 1787, was adopted 
 by Congress on July 13, of that year.^ As an organic act 
 this ordinance is only second in importance to the federal 
 constitution itself, for it established firmly the principles 
 which have since formed the basis of our territorial policy. 
 This policy has had as its object, first, the establishment 
 in the territories of that form of civil government which 
 is best adapted to existing needs; and second, the prepara- 
 tion of the territories for their future position as States 
 in the Union. 
 
 The ordinance provided for two stages of territorial government. 
 A temporary government was to be first instituted, under which 
 
 laws were to be made by the governor and three judges 
 govanunent appointed by Congress. As soon as there were five 
 
 thousand free male inhabitants of voting age in the 
 territory, this temporary government was to be superseded by a 
 
 • Eicept the Connecticut Reserve, a strip of land along the southern shores of Lake Erie, 
 reserved by Connecticut in aid of education. 
 
 ' The Ordinance of 1787 was adopted by the Congress under the Articles of Confederation, 
 and later reSnacted with slight changes by the first Congress under the constitution. 
 
TERRITOBIAL FUNCTIONS 411 
 
 more permanent government, representative in character. A legis- 
 lature of two houses was then to be created, the upper house 
 consisting of a council of five members appointed by Congress; i 
 while the lower branch was to be chosen for a term of two years 
 by the voters of the territory. The legislature thus constituted 
 had power to pass any law not repugnant to the principles of the 
 ordinance, subject to the governor's right of absolute veto. 
 
 Representation in Congress was secured by means of a territorial 
 delegate, chosen by the two houses of the legislature in Represonta- 
 joint assembly. This representative was to have a seat tion in 
 in Congress with the right to debate, but not to vote. °<"^S'»" 
 
 In addition to the provisions regulating the framework of govern- 
 ment, the ordinance contains six articles in the nature of a bill of 
 rights, and these were declared to be an unalterable 
 compact (save by mutual consent) between the United rtgite*'"^ 
 States and the people within the territory. Among 
 these were provisions designed to guarantee to the citizens of the 
 territory the rights of individual liberty, such as freedom of re- 
 ligious worship, the benefit of habeas corpus, trial by jury, and 
 judicial process according to the common law; and also the right 
 of proportionate representation in the legislature. 
 
 The ordinance further provided that not more than five nor 
 fewer than three States should be formed within the territory, 
 and promised statehood whenever any district should gj^, . , 
 have 60,000 free inhabitants, or at an earlier period if 
 found consistent with the general interest. The constitution and 
 government of the States thus formed were to be republican in 
 character. The new commonwealths when admitted were to be 
 "on an equal footing with the original States, in all respects what- 
 ever"; and were forever to remain a part of the United States. 
 
 Perhaps the most important provision, because most far-reach- 
 ing in its effect, was the prohibition of slavery throughout the 
 territory. The anti-slavery clause was afterwards copied g,._.j_ 
 verbatim in the organic acts of the northern territories, 
 and subsequently embodied in their State constitutions; and 
 nearly eighty years later, with but slight alteration, it was adopted 
 as the thirteenth amendment to the federal constitution. 
 
 486. Later Territorial Legislation. Since the enactment 
 of the Ordinance of 1787, Congress has passed NmniiBroi 
 many acts providing for territorial government, *'"'*<"''» 
 
 1 Theie members were appointed for five years from a list of ten names submitted by 
 the lower territorial house. 
 
412 GOVERNMENT AND POLITICS 
 
 legislation made necessary by the additions to the national 
 area. In all, twenty-nine organized territories have been 
 created within the boundaries of the United States, while 
 three territorial governments have been provided for tht 
 insular possessions. ^ 
 
 Nearly all of these have passed through the two stages 
 of territorial government provided for in the Ordinance of 
 stages oi 1787. First a provisional government was estab- 
 BOTemmont Ugj^ed jq ^hich the people had practically no voice ; 
 and this was followed as soon as conditions permitted by 
 the establishment of representative government. 
 
 487. Territories and Possessions on the American Con- 
 tinent. The territories now belonging to the United States 
 oiasai- may be divided into two groups: first, the con- 
 fioation tinental territories; and second, the insular terri- 
 tories or dependencies. 
 
 The continental territories include Alaska and the Pan- 
 OonUnentai ^ma Canal Zone. The District of Columbia has 
 teiTitoiies ^j^ imusual form of territorial government, speci- 
 ally devised for the seat of the national government. 
 
 488. The Government of Alaska. For nearly half a 
 century, Alaska remained in the first or provisional stage of 
 territorial government; but in 1912, representative govern- 
 ment was granted to this territory. The first legislature 
 met at Juneau in March, 1913. Eight Senators and sixteen 
 Representatives were elected to make laws for this vast but 
 sparsely settled country. 
 
 The executive officers include a governor, surveyor-gen- 
 eral, district attorney, and judges, all appointed by the 
 President. 
 
 489. The Panama Canal Zone. This latest territorial 
 acquisition of the United States is now under a civil gover- 
 nor, appointed by the President. Until the opening of the 
 canal in 1914, the district was governed by the Isthmian 
 
 1 The States which have never been territories of the United States include, besides the 
 original thirteen, Maine, Vermont, Kentucky, West Virginia, Texas, and California. 
 
TERRITORIAL FUNCTIONS 413 
 
 Canal Commission of seven members, acting under the 
 direction of the Department of War. 
 
 490. Representative Territorial Government. For many 
 years prior to their admission to statehood, New Mexico 
 and Arizona had representative territorial gov- EMonUve 
 ernments of the type which has been provided 0^^""^ 
 for most of our continental territories.^ Under this form 
 of government, executive power is vested in a governor 
 appointed for four years by the President with the consent 
 of the Senate. The powers of the territorial governor are 
 quite similar to those of the governor of a State, but he is 
 directly responsible to the President, to whom he reports 
 annually on the condition of affairs in the territory. Other 
 administrative officers are the secretary, treasurer, auditor, 
 and superintendent of public instruction. 
 
 The territorial legislature consists of two houses, an up- 
 per house or council, and a house of representatives. Mem- 
 bers of both branches are chosen for a term of two Territorial 
 years by the qualified voters of the territory. The lee'siatnie 
 organization, procedure, and powers of the legislature are 
 carefully regulated by federal statute, and are substantially 
 the same as those of the legislatures of the several States. 
 However, acts of the territorial legislature, besides being 
 subject to the veto power of the governor, are liable to be 
 aimuUed by Congress. 
 
 Judicial power is vested in a supreme and several dis- 
 trict courts, the judges of which are appointed by The 
 the President.2 The territorial legislature has J"""'"? 
 power to establish such inferior courts as are f oxrnd necessary. 
 
 Each territory sends to the House of Representatives a 
 delegate, who has the salary and other privileges Territorial 
 of a member, except the right to vote. megaxi, 
 
 Thus the framework of government in the territories 
 
 1 New Mexico was organized as a territory in 1850; Arizona in 1883. 
 
 2 Territorial courts are not part of the federal judicial system, but are establiahtd by 
 Congress under its power to govern territories: and hence the judges of such courts are 
 tubject to removal by the President at his discretion. 
 
414 GOVERNMENT AND POLITICS 
 
 approximates closely to that which exists in the States, the 
 Comparison essential distinction being the subordinate posi- 
 with state tion which the territory occupies in relation to the 
 Union. 1 National control is at all times para- 
 mount, and is exercised through acts of Congress modifying 
 the status of the territory, or, in exceptional cases, directly 
 annulling the acts of its legislature. Furthermore, federal 
 administrative control is secured through the President's 
 power to appoint and remove the principal territorial 
 officers. 
 
 491. The District of Columbia. Among the powers which 
 the constitution confers upon Congress is the right "to 
 
 „ „ exercise exclusive legislation in all cases whatso- 
 
 Oiaatlon , ,• • / ,• ., 
 
 ever over such district (not exceeding ten miles 
 
 square) as may, by cession of particular States and the 
 
 acceptance of Congress, become the seat of the government 
 
 of the United States." 2 In 1790 the States of Maryland 
 
 and Virginia ceded to the United States a district ten miles 
 
 square lying upon the banks of the Potomac; but the part 
 
 upon the south bank was retroceded to Virginia in 1846, 
 
 reducing the district to its present area of about seventy 
 
 square miles. 
 
 The government of the District diflFers radically from that 
 which prevails in other territories, since the residents are 
 Present completely disfranchised. They have no vote in the 
 eoTomment election of either local or national officials, nor are 
 they represented in Congress by a delegate. Congress itself 
 acts as the local legislature for the District, setting aside cer- 
 tain days each month for the consideration of its afiFairs. 
 
 Administrative powers are vested in a board of three com- 
 missioners appointed by the President with the consent of 
 Board 0! ^^® Senate. One of the members is an experienced 
 Oommis- officer of the Engineer Corps of the army, detailed 
 for an indefinite term; the other two are civilians, 
 appointed for a term of three years. This board has large 
 
 * The territories of course talre no part in the election of a Freiidcnt. 
 " CorutUution, Art. I, Sec. 8, Par. 17. 
 
TERRITORIAL FUNCTIONS 415 
 
 administrative powers, as well as the power of making local 
 ordinances. 
 
 On the whole, this plan of government, non-representa- 
 tive as it is, has worked admirably. The affairs of success ot 
 the District have been managed efficiently, and vmBiMtUi! 
 Washington is conceded to be one of the best-governed 
 cities in the world. ' 
 
 492. Other National Property. Congress has the exclus- 
 ive right of legislation "over all places purchased by the 
 consent of the legislature of the State in which juutaryana 
 the same shall be, for the erection of forts, maga- administrat- 
 zines, arsenals, dockyards, and other needful 
 buildings." ^ Under this provision the federal government 
 has acquired many sites for navy-yards, arsenals, mihtary 
 posts, lighthouses, post offices, customs houses, and other 
 pubUc buildings. Land to be used in this way is obtained 
 by cession from the State legislature, and is thereafter 
 exempt from State or local taxation.' 
 
 Under its constitutional power to regulate commerce 
 with the Indian tribes, the federal government inuan 
 also exercises special jurisdiction over numerous "»»''«*i™» 
 reservations scattered throughout the West.* 
 
 493. Insular Territories or Dependencies. The insular 
 dependencies of the United States include Hawaii, annexed 
 in 1898; Porto Rico, the Philippines, and Guam, insular 
 acquired in 1899 as a result of the war with Spain;' possossious 
 a few islands of the Samoan group acquired by treaty in 
 1900; and three small Pacific islands — Wake, Midway, 
 
 > One half the ezpeiues of the local gOTernment are paid ont of the federal treaaoryr 
 the other half being assessed upon the taxable property within the District. 
 
 • Coiuiitution. Art. I, Sec. 8, Par. 17. , 
 
 ' It is customary for the States to reserve the right to serve criminal and dvil writs within 
 the districts ceded, so that these may not serve as an asylum for fugitives from justice; 
 and Congress by statute has provided that, even without such reservation. State processes 
 may be served. 
 
 * The most extensive Indian reservations are in Arizona, South Dakota, and Montana, 
 Beservations hare always been unpopular in the States where they exist, and the system 
 is breaking down in favor of the plan of allotting lands to the Indians in individual owner- 
 ship. . 
 
 ^ These islands were occupied by the United States forces in 1898; the treaty ^'ith Spain 
 under which they were ceded was ratified April II, 1899. 
 
416 GOVERNMENT AND POLITICS 
 
 and Baker islands, claimed by right of discovery since 
 1898. 
 
 Of these dependencies, Hawaii, Porto Rico, and the 
 Philippines possess representative territorial governments, 
 insuitr although Porto Rico and the Philippines have not 
 govem- yet received the same measure of self-govern- 
 ment granted to Hawaii, and customary for our 
 continental territories. Such minor dependencies as Guam 
 and the Samoan islands are under the control of the naval 
 officers in command of the naval stations; while Midway, 
 Baker, and Wake islands require no government, being 
 practically uninhabited. 
 
 494. The Territory of Hawaii. Hawaii is governed under an 
 act of Congress passed in 1900. This act extends to the territory 
 
 the provisions of the federal constitution and laws 
 not locally inapplicable, and confers citizenship in the 
 United States upon citizens of Hawaii. The President appoints 
 the governor; and this officer, with the advice and consent of the 
 territorial senate, appoints for a four-year term the principal 
 administrative officials. 
 
 495. Government of Porto Rico. Porto Rico was gov- 
 erned by the War Department from its occupation by General 
 Miles in 1898 until the estabhshment of a civil government by an 
 act of Congress passed in 1900. This act is especially interesting, 
 since it marks the first attempt of the United States to establish 
 a system of government for a dependency which is practically in 
 the position of a colony. 
 
 Executive power is vested in a governor and six administrative 
 officers, namely, a secretary, attorney-general, treasurer, auditor, 
 
 commissioner of the interior, and commissioner of edu- 
 alfloeri cation. These officers are appointed by the President 
 
 for a term of four years.' Large powers of appointment 
 and removal of subordinate officials are vested in the governor, 
 and he possesses the customary veto upon acts of the legislature. 
 The legislature consists of two houses. The upper branch or 
 
 executive council is composed of the six heads of ex- 
 oonncU ecutive departments and five other persons, appointed 
 
 by the President for a four-year term.^ The execu- 
 tive council differs from all other American legislatures in the 
 
 * In 1904 a acventh administrative department waa created, known as the office of Health, 
 Charities, and Corrections, 
 ' At leaat five of these eleven members must be native inhabitants of the Island. 
 
TERRITORIAL FUNCTIONS 417 
 
 provision giving seats in this body to the heads of the six executive 
 departments. This practice resembles in certain respects the 
 English system of cabinet government, and is contrary to the 
 American theory of separation of powers whereby the lawmak- 
 ing department is distinct from, and independent of, the depart- 
 ment charged with administration.' 
 
 The popular branch of the legislature, known as the House of 
 Delegates, is composed of members elected by the qual- Honu ol 
 ified voters for a term of two years. DaUgates 
 
 The judicial system consists of a supreme court of five justices 
 appointed for life by the President ; seven district courts, 
 each presided over by a judge appointed by the gov- gygtem 
 emor for a term of four years; and twenty-four muni- 
 cipal courts whose judges are elected by the voters for a term of 
 two years. 
 
 A complete system of local government has been established 
 by the Porto Rican legislature for the municipalities. Local goT- 
 the voters electing the mayor and council. emment 
 
 Representation at Washington is secured through the election 
 by the quaUfied voters of a commissioner, who is chosen Rgpiesanta- 
 for a term of two years. **'"' 
 
 496. Government of the Philippine Islands. The problem 
 of establishing a suitable government for the Philippines has 
 proven a difficult one, inasmuch as these islands are 
 inhabited by races of almost every stage of develop- problem 
 ment from savagery to civilization; and the task has 
 been rendered still more difficult by the insurrection waged dur- 
 ing the early years of the American occupation. The present 
 government is in accordance with an organic act passed by Con- 
 gress in 1902, and consists of a central government over the en- 
 tire archipelago, with subordinate provincial and municipal govern- 
 ments. 
 
 Executive powers are vested in a commission of nine members 
 including the governor. This commission is appointed 
 by the President, subject to confirmation by the Sen- oHioars 
 ate. 
 
 The legislature consists of two houses. The upper house con- 
 sists of the Philippine commission; while the lower i,ggi5m„g 
 house or assembly consists of members elected for a 
 term of two years by the qualified voters. 
 
 Judicial power is vested in three classes of courts, a supreme 
 
 I Another diitinctive feature of the council b that its sessions are not limited to the sixty 
 days prescribed for the legislative session proper, but continue throughout the year, thus 
 making it a sort of supervisory administrative body. 
 
418 GOVERNMENT AND POLITICS 
 
 court whose justices are appointed by the President; a court of 
 J .. . first instance (general jurisdiction) in each province; 
 
 and justices' courts in the municipalities, the judges of 
 the last two courts being appointed by the governor. 
 
 Local government varies according to the stage of civilization 
 
 of the various provinces. Many of these have a gov- 
 govemmsnt emor, elected by the municipal councils of the province ; 
 
 and the governor with several appointive officials con- 
 stitute a provincial board, which exercises administrative powers 
 in the province. 
 In the municipalities there is a mayor and municipal council, 
 
 the members of which are elected for a term of two 
 goTenmint years by the qualified voters. The city of Manila is 
 
 governed under a special charter creating a plan of 
 government modeled on that of the District of Columbia. 
 
 The Philippines are represented in the United States by two 
 Repiestnu- commissioners, chosen not by popular vote as in 
 '''•" the other territories, but by the two houses of the 
 
 legislature voting separately. 
 
 497. Relation of Territories to the TTnion. Congress has 
 complete and exclusive legislative power over the terri- 
 Pow«r oi tories, and may establish either provisional or re- 
 OongiBss presentative government as appears best adapted 
 to local needs. Even after representative institutions have 
 been granted. Congress may annul the acts of the terri- 
 torial legislature — a power exercised in 1887 when several 
 acts of the Utah legislature favoring polygamy were de- 
 clared void. 
 
 Only during the protracted controversy over slavery 
 (1820-1860) was the power of Congress to legislate for the 
 Drea Scott territories called in question. The territorial 
 decision theory of the pro-slavery party was finally adopted 
 by the Supreme Court of the United States; and the cele- 
 brated Dred Scott decision (1857) denied the power of Con- 
 gress to prohibit slavery in the territories. The Civil War, 
 together with the thirteenth amendment, rendered this 
 decision nugatory, and the complete power of Congress to 
 legislate for the territories is now conceded. 
 
 With the annexation of Porto Rico and the Philippines, 
 
TERRITORIAL FUNCTIONS 419 
 
 an important question arose as to whether by ratification 
 
 of the treaty with Spain those islands became com- „ ,., . 
 
 11. , . , _ PoslUonol 
 
 pletely mcorporated mto the United States. If depmaen- 
 
 these possessions had become an integral part of "''* 
 the United States, then the provisions of the federal consti- 
 tution would apply to them as well as to territory within the 
 boundaries of the United States. Since the constitution 
 prescribes that all duties and imposts shall be uniform 
 throughout the United States, ^ the same tariff rates would 
 prevail on goods entering Porto Rico and the Philippines 
 as on those imported through the New York customs house. 
 Moreover, no tarifiF whatever could be laid on goods im- 
 ported from Porto Rico or the Philippines to the United 
 States, or vice versa, since such a duty would be in effect 
 a tax on exports, and so forbidden.^ 
 
 But this theory as to the relation of the islands to the 
 Union did not prevail. In the so-called Insular Cases, the 
 Supreme Court distinguished between territory of _ 
 the United States and territory belonging to the Oonrt 
 United States, holding that the provisions of the 
 constitution do not necessarily embrace the latter unless 
 so extended by act of Congress. To that body alone is 
 entrusted the power to determine when territory is com- 
 pletely incorporated and hence subject to constitutional 
 provisions. Meantime Congress may enact special tariff 
 laws for such territory, differing from those for the United 
 States in general; and hence the special tariff laws enacted 
 for Porto Rico and the Philippines were declared valid.' 
 
 498. Admission of New States. Territories are virtually 
 inchoate or rudimentary States; and to prepare oondiuons 
 them for statehood as soon as their population •' aiJ^"'"" 
 and circumstances warrant has been the prime object of our 
 
 > ConitUvlion, Art, l, Sec. 8, Par. 1. ' Contiitution, Art. i. Sec. 9, Par. «. 
 
 * By act of Congress, free trade now exists between the United States and Porto Rico, 
 and goods imported from foreign countries into Porto Rico pay the same rates as those 
 imported into the United States. In the case of the Philippines a special rate of duties is 
 imposed upon goods imported into the Philippines from foreign countries, and upon im- 
 portations into the United States from the Philippines, and vice versa. 
 
420 GOVERNMENT AND POLITICS 
 
 territorial policy. Under the constitution. Congress is 
 vested with power to admit new States into the Union; and 
 it is for Congress to determine upon what conditions this 
 action will be taken. Thus the new State may be required 
 to accept certain boundaries, or to incorporate into its 
 constitution certain fundamental provisions respecting 
 religious freedom, and the like; and in all cases the govern- 
 ment provided by its constitution must be repubhcan in 
 form. 
 
 A population at least equal to that of an average con- 
 gressional district has usually been a prerequisite to ad- 
 mission, but the practice has not been uniform. 
 Fopnlatlou . - , 
 
 Nevada with a population of 20,000 was admitted 
 
 in order to obtain the vote of that State for the thirteenth 
 amendment. On the other hand, Utah with a considerable 
 population was long denied statehood because of the insti- 
 tution of polygamy; and New Mexico and Arizona were 
 refused admission for many years on the ground that their 
 population, including many persons of Mexican blood, was 
 not prepared for self-government. 
 
 Practically the only limitation upon the power of Con- 
 gress in forming States is that the new commonwealth 
 stat« not must not include territory lying within the bound- 
 to be snu- aries of a State abeady admitted, without the 
 consent of the legislature of the State concerned. 
 By express constitutional provision, territory cannot be 
 taken from or added to any State without the consent of the 
 States concerned, as well as of Congress. ^ 
 
 In admitting new States to the Union, two different 
 
 Metiodsoi Dicthods have been followed. Frequently Con- 
 
 admittinj gress has passed an enabling act authorizing the 
 
 people of the territory to frame a constitution and 
 
 1 The only case in our history of the subdivision of a State without its consent was that 
 of West Virginia, which separated from the Old Dominion in 1861 in consequence of the 
 ordinance of secession adopted by the State convention at Richmond. That part of the 
 State west of the AUeghanies thereupon formed a separate government, and was admitted 
 to the Union by Congress in 1862. Later Virginia acknowledged the validity of the creation 
 of the new State. 
 
TERRITORIAL FUNCTIONS 481 
 
 apply for admission. In other cases, the citizens of the ter- 
 ritory, acting on their own initiative, have called a conven- 
 tion and framed a constitution, which, after ratification 
 by the voters, has been submitted to Congress for approval. 
 Either of these methods of procedure is merely a prelimin- 
 ary step, the final decision as to admission resting entirely 
 with Congress. 
 
 Although a new State can only be admitted upon such 
 terms as Congress may prescribe, once in the Union it is 
 on an equal footing with other States in all respects ; posmon 
 and according to the weight of authority, may even «fl" 
 amend its constitution regardless of conditions 
 which have been imposed by Congress. Moreover, once in 
 the Union a State cannot under any circumstances with- 
 draw or secede, the Civil War having forever settled the 
 principle that this is "an indestructible Union of inde- 
 structible States." 
 
 Immediately after the Civil War, the question arose as 
 to the status of the eleven States which had passed ordin- 
 ances of secession. Widely divergent views were g,j„j^„ 
 held by President Johnson and Congress; but the andreoon- 
 congressional theory finally prevailed. This held 
 that although the Southern States had never been out of the 
 Union, their rebellion had forfeited their rights as States, 
 and practically reduced them to the condition of conquered 
 territory. Hence it was for Congress to determine how long 
 this status should continue, as well as the conditions upon 
 which the former States might be "reconstructed," and 
 restored to their former privileges as commonwealths. 
 
422 GOVERNMENT AND POLITICS 
 
 GENERAL REFERENCES 
 
 Beard, C. A., American Government and PoUtict (1910), ch. xxi. 
 
 Readings in American Government and Politica (1910), ch. xxi. 
 
 Black, H. C, Cmutitutional Law (1897), pp. 225-235. 
 
 Bryce, James, American Comm/mwealth (1907), i, ch. xlvii. 
 
 Callahan, J. M., American Relations in the Pacific, Johns Hopkins Unir. 
 Studies, XIX, nos. 1-3 (1901). 
 
 Carpenter, E. J., The American Advance (1803). 
 
 Farrand, Max, The Legislation of Congress for tht Government of the Or- 
 ganized Territories (l896). 
 
 Hart, A. B., Actual Government (1903), chs. xvni-xx. 
 
 Hinsdale, B. A., The Old Northwest (1888), chs. x, xiv. 
 
 McClain, E., Cmstitutional Law (1905), pp. 262-267. 
 
 Morris, Chas., Our Island Empire (1899). 
 
 Pomeroy, J. N., Constitutional Law of the United States (1888), sees. 483- 
 499. 
 
 Porter, J. A., The City of Washington, Johns Hopkins Univ. Studies, m, 
 nos. 11-12. 
 
 Reinsch, P. S., Colonial Government (1902), part vii. 
 
 Rowe, L. S., The United States and Pmto Rico (1904). 
 
 Tucker, J. R., ConMitutian of the United States (1899), n, 602-616. 
 
 Willoughby, W. F., TerTitories and Dependencies of the United States (1905). 
 
 Woodburn, J. A., The American Republic (1908), ch. vm. 
 
 QUESTIONS AND EXERCISES 
 
 1. Prepare a report upon the territorial growth of the United States. 
 
 2. On an outline map of the United States mark off with different colors 
 the various territorial annexations. 
 
 3. Describe the territorial policy of the United States. Discuss some of 
 the problems arising from the annexation of the Philippines. 
 
 4. Discuss the influence of the Ordinance of 1787; (a) upon local self- 
 government; (b) upon slavery; (c) upon education. 
 
 5. Discuss the method of admitting a State into the Union. 
 
 6. Give an account of the Louisiana Purchase. What States were formed 
 out of this territory? 
 
 7. What States, besides the original thirteen, have never been national 
 territories? 
 
 8. Prepare a table giving the population and area of each of our territories 
 and insular possessions. 
 
 9. Bound your State. Has it ever been part of, or has it ever included, 
 another State? 
 
 10. How did your State receive its name? Its nickname? 
 
 11. When was your State admitted to the Union? Describe its territorial 
 government prior to admission. How long was it an organized terri- 
 tory? Give a history of the steps by which admission was secured. 
 
 12. What restrictions has Congress imposed upon States as a condition 
 to admission? Were any imposed upon your State? Are these condi- 
 tions still binding? 
 
 13. Why was the capital of the United States placed under the exclusive 
 control of Congress? Why was the present form of government estab- 
 
TERRITORIAL FUNCTIONS 423 
 
 lished for the District? What political rights are denied to residents 
 of the District? 
 
 14. Describe the city of Washington — street plan, principal public build- 
 ings and places of interest, monuments, and surroimdings. 
 
 15. Name any public buildings, forts, or reservations in your community 
 which belong to the federal government. 
 
 16. Do the provisions of the constitution extend to the territories? 
 
 17. May Congress make a separate tariff for the Philippines? May Con- 
 gress levy duties upon goods imported from Porto Rico or the Philip- 
 pines to the United States? (Section 497.) 
 
 18. Are the people of conquered territories entitled to the privileges and 
 immunities of the constitution? 
 
 19. What degree of local self-government has been granted to our insular 
 possessions? Why are not the same political rights accorded to them 
 as to continental territories? 
 
 20. Is there any likelihood that our insular possessions will ever be ad- 
 mitted as States? 
 
 21. Under the provisions of the constitution, could Texas be divided into 
 four States? Could Indiana and Illinois be united into a single State? 
 
CHAPTER XXXIV 
 
 MILITARY FUNCTIONS 
 
 499. War Powers of the Federal Government. The con- 
 stitution entrusts the war power to the federal government, 
 
 the States being absolutely prohibited from keep- 
 powers ot ing troops or ships of war in time of peace, or from 
 ongieas engaging in war unless actually invaded or in 
 imminent danger. The military powers vested in Congress 
 by the constitution include the right (1) to declare war; 
 (2) to grant letters of marque and reprisal; (3) to make 
 rules concerning captures on land and water; (4) to raise 
 and support armies; (5) to provide and maintain a navy; 
 (6) to make rules for the government and regulation of the 
 land and naval forces; and (7) to organize, arm, and dis- 
 cipline the militia. 1 
 
 Important military powers are also entrusted to the 
 ■n ,A ... President, since he is commander-in-chief of both 
 
 Frealdent s 
 
 miutary army and navy, has power to call out the militia 
 under certain conditions, and may make treaties 
 with the advice and consent of the Senate. 
 
 500. American Wars. The important wars in which the 
 United States has been engaged are as follows: (1) Re- 
 volutionary War, from April 19, 1775, to April 11, 1783; 
 (2) War of 1812 with Great Britain, June 18, 1812, to Feb- 
 ruary 17, 1815; (3) War with Mexico, April 24, 1846, to 
 May 30, 1848; (4) the Civil War, April 12, 1861, to May 26, 
 1865; (5) War with Spain, April 21, 1898, to April 11, 1899. 
 
 The United States has also been involved in many minor 
 wars. These include a protracted series of Indian conflicts; 
 
 I Cmttitution, Art. i. Sec. 8, Pars. 11-16. 
 
MILITARY FUNCTIONS 425 
 
 the naval war with Tripoli from 1801 to 1805; a quasi- 
 war with France from 1798 to 1800; and finally, the PhiUp- 
 pine insurrection from 1899 to 1902. 
 
 501. The Declaration of War. A formal declaration of 
 war is sometimes made at the outbreak of hostilities be- 
 tween two countries, this declaration serving as a oijeot and 
 public notice of the existence of war, and imposing •*'•'" 
 upon other nations the obligations of neutrality. ^ The 
 declaration is usually preceded by the dismissal of the re- 
 spective ambassadors, thus severing diplomatic intercourse 
 between the two countries. The right to declare war neces- 
 sarily includes the power to wage war by every means 
 known to any nation, subject only to the limitations pre- 
 scribed by international law. 
 
 502. Letters of Marque and Reprisal. Letters of marque 
 and reprisal are commissions authorizing "persons who are 
 not in the regular service of the country to exercise the 
 public power of warring upon and capturing vessels of the 
 enemy upon the high seas." ^ In other words, such letters 
 are commissions which license privateering. Most of the 
 great powers except the United States have subscribed to 
 the Declaration of Paris (1856), abolishing privateering 
 as a means of waging war. Privateering was extensively 
 used in the War of 1812 against Great Britain, but no 
 privateers were licensed during the Spanish-American War. 
 
 503. Captures on Land and Water. The power to make 
 rules concerning captures on land and water authorizes 
 Congress to regulate the disposition of all property ^^^^ ^ 
 captured in time of war. Such captures may con- lations and 
 sist either of the persons or property of the enemy, 
 
 or of neutral ships or goods taken while violating the rultss 
 of war; e.g., when neutral ships attempt to enter a port 
 declared by one of the belligerents to be in a state of block- 
 
 1 Declarations of war were made by Congresa at the outbreak of the War of 1812 and th? 
 Spanish-American War; while in 1846 Congress passed an act declaring that "by the act 
 of the Republic of Mexico a state of war exists between that government and the Unitud 
 SUtes." 
 
 » Tucker, J. B., Thi CoTisUtution of the United States, a, 678. 
 
426 GOVERNMENT AND POLITICS 
 
 ade.* In the exercise of its authority concerning captures, 
 Congress has enacted a complete code of prize regulations, 
 and has established a system of prize courts. Congress 
 may also enact temporary regulations for the government 
 of territory of the enemy occupied by the forces of the 
 United States, such territory being subject to final disposal 
 through the treaty-making power vested in the President 
 and Senate. 
 
 504. Power to raise and support Armies. The con- 
 stitution vests in Congress power "to raise and support 
 Limiuuon armies," subject to the provision that " no appro- 
 upon powM priation of money to that use shall be for a longer 
 term than two years." This limitation was designed as a 
 check upon possible abuse of power by the President as 
 commander-in-chief. Since army appropriations must be 
 made every two years, the military branch of the govern- 
 ment is completely dependent upon the will of Congress. 
 
 The right to raise armies authorizes Congress to employ 
 all means by which troops may be raised, even including 
 Extent of a Conscription or draft. " Supporting " armies and 
 power "maintaining" navies includes not only provision 
 
 for food, clothing, transportation, equipment, and medical 
 care of troops ; but also authorizes the construction of forts, 
 coast defenses, barracks, arsenals, depots, coaling and naval 
 stations and yards. In fact, this clause empowers the federal 
 government to employ all necessary and proper means 
 which will further the country's defense — it may manu- 
 facture arms and ammunition, build ships, educate officers 
 in military and naval science, organize war and navy de- 
 partments, provide for the payment of bounties and pen- 
 sions, and perhaps may even construct railways as a means 
 of facilitating the transportation of troops and materiel of 
 war. 
 
 Throughout our history the standing army has been 
 small except during actual war. Until 1898 the army on a 
 
 * DuriDg the Civil War, about fifteen hundred veBuels were captured or destroyed while 
 entering or leaving blockaded porta. 
 
MILITARY FUNCTIONS 427 
 
 peace footing numbered less than 27,000 men; but in 1901, 
 shortly after the war with Spain, the President was The itanj- 
 authorized to increase the army at his discretion *"* "™y 
 to a maximum of 100,000 men. In 1916 Congress passed 
 the Army Reorganization Act, which in theory increased 
 the standing army to about 200,000 men. This increase may 
 prove largely fictitious, owing to the difficulty of enlisting 
 men in the service; for example, during the years that the 
 regular army had an authorized strength of 100,000 men, 
 its actual size was maintained with difficulty at about 
 90,000. This lack of enlistments is in part due to our absurd 
 policy of scattering the standing army among some forty 
 isolated little army-posts, established in outlying congres- 
 sional districts for "pork-barrel" reasons. 
 
 In time of peace the army is recruited out of volunteers 
 between the ages of eighteen and thirty-five who succeed 
 in passing a rigid physical examination. The pay p ^^ 
 of private soldiers is small — from fifteen to eight- *ntie» oi 
 een dollars a month, besides barracks and food. 
 The ordinary peace duty of the army is to garrison miUtary 
 posts and stations, protect government property, and serve 
 as a reserve force in case of disturbances with which State 
 authority cannot cope. 
 
 In time of war, troops may be raised in three ways: 
 (1) By enrollment of volunteers, as in time of peace. (2) The 
 President may call upon the States to furnish Heoraiting 
 troops, under his power to call out the militia, in time oi 
 (3) By conscription or draft, that is, the selection 
 of men by lot for compulsory military service. The first two 
 methods have been employed in nearly all of the important 
 wars in which the United States has been engaged; draft- 
 ing was resorted to only during the Civil War. ' 
 
 505. Officers of the Army. The President is commander- 
 in-chief of the army; and under him as acting head of 
 the administration is the Secretary of War. The grades offlo*er»'*' 
 of officers are general and lieutenant-general (titles 
 
428 GOVERNMENT AND POLITICS 
 
 given as honorary distinction in recognition of signal services); 
 major-general, brigadier-general, colonel, lieutenant-colonel, ma- 
 jor, captain, first and second lieutenant. The salaries of officers 
 range from $8,000 for major-general down to $1700 for second 
 lieutenant, with fixed increases after a certain length of service. 
 
 Officers are appointed by the President subject to confirmation 
 by the Senate. Most of the higher officers are graduates of West 
 Appoint- Point; but in some cases they are appointed directly 
 ment ana from civil life, and not infrequently men from the ranks 
 lotiiement ^^.^ promoted to commands. Neither army nor naval 
 officers may be removed in time of peace except by court-martial; 
 but in time of war the President may remove summarily. Provi- 
 sion is made by law for the compulsory retirement of officers who 
 have reached the age of sixty-four, and for their voluntary retire- 
 ment after forty years of service. Retired officers receive for the 
 remainder of their lives three fourths of the pay of their rank at 
 retirement. 
 
 506. Education of OflBcers. The necessity of professional 
 
 training for military officers was realized at an early date, and in 
 
 J « I , 1802 Congress authorized the establishment at West 
 
 Point, New York, of the Academy which has since 
 
 become one of the famous military schools of the world. 
 
 Under the present plan, each Senator, each congressional dis- 
 trict, and each territory is entitled to one cadet at West Point, 
 Appoint- appointed by the Secretary of War upon the nomina- 
 m»ntol tion of the Senator or Representative concerned. In 
 
 cao«t» addition, forty cadets are appointed at large by the 
 
 President, these appointments being commonly given to the sons 
 of army or naval officers. Appointees must be between the ages 
 of seventeen and twenty-two years, and must pass a thorough 
 physical and mental examination, the latter including the common 
 branches, also the subjects usually given in the first two years 
 of the high-school course. 
 
 The course of instruction requires four years, and is chiefly 
 mathematical and professional. Each cadet is paid by the govern- 
 ment $700 per year, a sum about sufficient for his sup- 
 Instruotlon Port. Only one leave of absence is allowed during the 
 four years, and this is granted at the end of the second 
 year. Academic duties continue from September first to June first, 
 the intervening months being spent in camp, where practical mili- 
 tary training is given. Upon graduation cadets are commissioned 
 as second lieutenants in the United States Army. 
 
 Besides the Academy at West Point, the United States main- 
 
MILITARY FUNCTIONS 429 
 
 tains several schools for more advanced military training. These 
 include the War College, the Engineer School, and the Army Medi- 
 cal School, at Washington, D.C.; the Army Service Schools at Fort 
 Leavenworth, and the Mounted Service School at Fort Riley, 
 Kansas; the Field Artillery School at Fort Sill, Oklahoma; the 
 Coast Artillery School at Fortress Monroe, Virginia; garrison 
 schools at each military post for the instruction of oflBcers; and 
 schools for the instruction of enlisted men, both in the common 
 branches and in military subjects. Valuable military training is also 
 given in the State universities and agricultural colleges. 
 
 507. Militia. On account of the traditional distrust of a stand- 
 ing army, the United States has always relied largely for its defense 
 upon the militia, or citizen soldiery. This reliance has proved a 
 vain one in every war in which the United States has been engaged. 
 Our history proves conclusively that only national troops under 
 exclusive national discipline and control are adequate for national 
 defense. Ignoring the lesson of history, the Army Reorganization 
 Act of 1916 places its reliance for second-line defense upon the old 
 militia system, revamped so as to provide for a larger degree of 
 federal control. 
 
 Our national constitution provides that the President may call 
 out the militia for three purposes, namely: to execute the laws of 
 the Union, suppress insurrection, and repel invasion. Under this 
 clause the President has no authority to send the militia outside 
 the borders of the United States. The new militia act removes this 
 restriction, authorizing the President to draft the State mihtia- 
 men into the national service whenever Congress declares this 
 necessary. In return for the surrender of their constitutional right 
 to control their militias, the States are to divide an annual federal 
 subsidy of $50,000,000. The number of national guardsmen is to 
 be gradually increased until in five years a maximum of 400,000 
 men is reached. These men are to enUst for six years, three in the 
 active organization, and three in the reserve. 
 
 This plan in effect provides for forty-eight little standing armies 
 under dual control, that of the nation and the State. The inherent 
 weakness of the militia system is that, like anything short of uni- 
 versal training, it distributes the military burden unequally; and 
 it always breaks down in practice. For example, in 1916 the theo- 
 retical strength of the national guards in aU the States was nearly 
 200,000 men. Two weeks after the President's call, only 45,000 
 badly equipped militiamen had started for the Mexican border, 
 and a large number of these were raw recruits who had never fired 
 an army rifle. 
 
430 GOVERNMENT. AND POLITICS 
 
 508. The Navy. Notwithstanding its splendid services 
 in the War of 1812, and in the earUer struggle with the Bar- 
 History oi bary pirates (1801-1805), the American navy re- 
 ""^ mained small and neglected throughout the 
 
 greater part of our history. Finally in 1882 came a change in 
 policy, and in the following year many new vessels of the 
 most approved type were constructed. The wisdom of 
 maintaining an adequate navy was proven in the war with 
 Spain, when the new navy first demonstrated its eflaciency 
 as a fighting force. Since that war the program of expansion 
 has continued, until to-day the American navy ranks with 
 the most powerful navies in the world. The great European 
 War, and the ignoring of the rights of neutral nations by the 
 belligerent powers, finally convinced Congress of the need of 
 a still stronger navy to safeguard our long coast lines and our 
 rapidly expanding commerce; for lacking a trained army of 
 any size, the United States must rely on naval power in 
 case of foreign aggression. So in 1916 Congress adopted a 
 three-year program which calls for 10 new battleships, 6 bat- 
 tle cruisers, 10 scout cruisers, 50 destroyers, 58 coast sub- 
 marines, and 9 fleet submarines. The cost of these new 
 ships, estimated at $600,000,000, may be regarded as wisely 
 invested insurance. 
 
 The ships of the navy are organized into fleets or squadrons, as 
 the Atlantic and the Pacific fleet, each under the command of a 
 rear-admiral. Unassigned vessels are sent abroad to protect 
 American interests and as a means of educating ofiicers and men 
 in new ideas and methods. The United States possesses eight navy 
 yards, together with a score of naval and coaling stations. 
 
 The official head of the navy is the President as commander- 
 in-chief, next in authority being the Secretary of the Navy. The 
 department organization includes eight bureaus for 
 organization *^^ management of the various branches of naval ad- 
 ministration. Of these the most important is the Bureau 
 of Navigation, which has charge of the personnel of the service 
 and the direction of the fleet. Strategical and tactical matters 
 are under the control of a General Board, corresponding to the 
 General Staff of the Army. 
 
MILITARY FUNCTIONS 431 
 
 The active list of the navy comprises 3600 commissioned and 
 warrant officers, and about 50,000 enlisted men.^ The grades of 
 officers in the line of the navy are admiral, rear-admiral, qju-,-. 
 commodore, captain, commander, lieutenant-command- 
 er, lieutenant, lieutenant (junior grade), and ensign. Salaries 
 of officers range from $13,500 for admiral down to $1700 for 
 ensigns, with increases proportionate to length of service. All 
 officers of the navy are retired at sixty-two years, or after forty- 
 five years of service, receiving for life three fourths of the pay of 
 their rank at retirement.^ 
 
 509. Education of Officers. The naval school correspond- 
 ing to West Point is the United States Naval Academy at Anna- 
 polis, established in 1845. At present two midshipmen united 
 
 are allowed for each Senator, Representative, and dele- States Havil 
 gate in Congress, two for the District of Columbia, and °* '™' 
 fifteen each year from the enlisted personnel of the navy. These 
 are appointed by the Secretary of the Navy upon the nomination 
 of the individual Senators, Representatives, or delegates. In addi- 
 tion, the President appoints one midshipman from Porto Rico, and 
 ten at large from the United States. Candidates for appointment 
 must be between sixteen and twenty years of age, and must pass 
 entrance examinations similar to those required at West Point. 
 
 The six-year course of instruction corresponds in many respects 
 to that given in advanced technical schools. The last two years 
 of the course are spent at sea, after which come the final examina- 
 tions. There are annual practice cruises from June 1 to Septem- 
 ber 1. Midshipmen are paid $600 annually from the date of ad- 
 mission, and upon graduation receive commissions as lieutenants 
 of junior grade. 
 
 Advanced naval instruction is given in the Naval War College 
 at Newport, Rhode Island, where officers are instructed in special 
 branches, and plans prepared for naval operations. 
 Other schools are the Naval Torpedo School at Goat °*JoJiS"*^ 
 Island, the several apprentice training schools for en- 
 listed men, and the gunnery training schools for both officers 
 and men. 
 
 510. Rules for the Government of Land and Naval 
 Forces. The power "to make rules for the government 
 
 1 An important auxiliary force 19 the United States Marine Corps with 330 officers and 
 about 9700 enlisted men. Naval reserves or militias are organized in twenty-three States, 
 with a combined strength of 8000 officers and men. 
 
 ' The pay of the men varies according to the classes into which they are divided — 
 first class seamen receive $26 per month, first class firemen $38, and apprentice seamen 
 $16. 
 
43« GOVERNMENT AND POLITICS 
 
 and regulation of the land and naval forces " is necessarily 
 Miuuir included in the power to declare war, and to raise 
 **^ and maintain armies and navies. At an early 
 
 date. Congress adopted rules and articles for the government 
 of the army and navy, thus establishing a code of military 
 law for the government of land and naval forces. Petty 
 offenses in both army and navy may be punished by the 
 commanding officer; while more serious offenses are tried 
 by court-martial. 
 
 511. Military Pensions. The pension system of the United 
 States dates from the Revolutionary War, at which time 
 Early ^^® Continental Congress promised pensions for 
 
 paniion soldiers who should be disabled, and for the f amiUes 
 of those who perished in the struggle. This pro- 
 mise was carried out in 1792 by the enactment of a general 
 pension law; and since that time the United States has 
 provided more generously for those who have fought for 
 its flag than any other nation in the world. In addition 
 to a disability pension, the soldiers of the Revolutionary 
 War, of the War of 1812, and of the Mexican and Indian 
 wars, were given grants of public lands amoimting in effect 
 to a service pension. 
 
 Down to the Civil War, expenditures for pensions did not 
 exceed $3,000,000 per year, and at the beginning of that 
 Oivuwir struggle there were only 8636 pensioners on the 
 pensions j-oUg E^^ly in the Civil War, Congress pledged 
 the public faith that those who were disabled in that terrible 
 conflict, and also the families of those who were killed, 
 should be provided for by the government. Accordingly, by 
 the act of 1862, pensions were granted to disabled soldiers, 
 and also to the widows of those who had fallen. Under 
 this law, expenditures for pensions increased rapidly, but 
 in no year before 1890 did the amount reach $100,000,000. 
 In that year an act was passed which greatly broadened 
 the scope of the system by granting pensions to all per- 
 sons who, having served in the Civil War, had become 
 
MILITARY FUNCTIONS 433 
 
 for any reason unable to earn a livelihood. This act has 
 very greatly increased pension expenditures, the annual 
 amount of which has not been less than $138,000,000 in any 
 year since 1892. The last act for the benefit of Civil War 
 veterans (passed in 1907) provides a service pension for 
 all who served in the war, regardless of disability. At the 
 present time there are about 900,000 pensioners on the 
 rolls. ' 
 
 Since the establishment of the national government in 
 1789, the total cost to the United States for pensions is 
 estimated by the Commissioner of Pensions at costo! 
 four billion dollars.^ Over 90 per cent of this ^y*"™ 
 enormous sum resulted from the Civil War, the total ex- 
 penditure for Civil War pensions having now exceeded the 
 original cost to the federal government of the war itself. 
 At the present time the annual military expenditures of the 
 federal government — including the cost of the army and 
 navy and of pensions — comprise seventy-two per cent of 
 the net ordinary expenses of government.^ 
 
 GENERAL REFERENCES 
 
 Ashley, R. L.. The American Federal State (1903), sees. 304-307. 
 Beard, C. A., American Qovemment and Politics (1910), ch. xvn. 
 
 Readings in American Government and Politics (1910), ch. xvii. 
 
 Black, H. C, American Constitutional Law (1897), pp. 220-224. 
 
 Fau-lie, J. A., The National Administration of the United States (1905), 
 
 chs. IX, X. 
 Forman, S. E., Advanced Civics (1905), ch. xxxm. 
 Glasson, W. H., Military Pension Legislation in the United States (1900), 
 
 Columbia Univ. Studies, xn, no. 3. 
 Harrison, B., This Country of Ours (1903), chs. xni, in. 
 Hart, A. B., Actual Oovemment (1903), ch. xxv. 
 McClain, E., Constitutional Law in the United States (1905), ch. xrn. 
 Pomeroy, J. N., Constitutional Law of the United States (1888), sees. 
 
 441-482. 
 Reinsch, P. S., Readings on the American Federal Government (1909), ch. xi. 
 
 1 In addition to the pensions granted under general laws, many claims rejected by tlii 
 Pension Bureau have been allowed by Congress in special acts. In all about 10,000 such 
 acts have been passed since 1361, granting pensions to persons who could not bring the 
 necessary proof before the Pension Bureau. 
 
 ' See Section 896. 
 
 ' About « per cent of the federal expenditures are for the army, navy, and fortifica- 
 tions, and 31 per cent for pensions. 
 
434 GOVERNMENT AND POLITICS 
 
 Tucker, John R., The Constitution of the United States (1899), pp. 576-597. 
 Upton, Emory, The Military Policy of the United States (1904). 
 
 QUESTIONS AND EXERCISES 
 
 1. Name the causes, principal battles, and results of each of the five great 
 wars which the United States has waged. 
 
 2. Name several restrictions imposed by international law upon methods 
 of warfare. 
 
 8. What are the rights and duties of neutrals with regard to belligerent 
 powers? 
 
 4. Prepare a report upon the President's military powers in time of war. 
 
 5. What is martial law? May a civilian be court-martialed? 
 
 6. May the property of individuals be confiscated as a war measure? 
 
 7. Have our recent territorial acquisitions involved any change in our 
 historic military policy? 
 
 8. What is the present strength of our standing army? Into what de- 
 partments is it organized? Who is the commanding general? 
 
 9. What was the amount of last year's appropriation for the army? For 
 the navy? For coast defense? For pensions? Do you consider the 
 total appropriation for military purposes excessive? 
 
 10. Assuming that preparation for war is a necessity, which should re- 
 ceive most attention, the army, navy, or coast defense? 
 
 11. Describe the principal defenses of the Pacific coast; of the Atlantic 
 coast. 
 
 12. Give an account of the United States Military Academy; of the United 
 States Naval Academy. 
 
 IS, Give an account of the achievements of our navy in the Spanish- 
 American War. 
 
 I'i. Compare our navy with that of Great Britain, Germany, France, and 
 Japan. 
 
 15. Give an account of recent pension legislation. 
 
 16. Suggested readings upon the army and navy: Reinsch, P. S., Jhadings, 
 pp. 610-650. 
 
i,By courtesy of the Naxy Department) 
 THE ARMOEED CRUISER "MONTANA" 
 
 Displacement, 14,500 tons; speed, 22 knots; cost, $4,400,000. At the time of the war 
 with Spain, our heaviest battleship displaced 11,346 tons. Battleships of the pre- 
 sent day are of over 31,000 tons. 
 
 iiiiniiiiii t 
 
 IMIII'M"!'""'::: V / 4 
 
 4 — -* 
 
 ':^ 
 
 ^ 
 
 (,By courtesy of R. W. McClaughry, Warden) 
 UNITED STATES PENITENTIARY, AT LEAVENWORTH, KANSAS 
 
CHAPTER XXXV 
 
 MISCELLANEOUS POWERS 
 
 512. Control of Naturalization. Under the constitution, 
 Congress has exclusive power to establish a uniform rule on 
 the subject of naturaUzation; or in other words, to AUsns and 
 determine the conditions upon which aliens may ""'^"'^ 
 become citizens. An alien is a person who by reason of his 
 foreign birth is not entitled to the privileges of American 
 citizenship. Citizens are of two classes — native-born and 
 naturalized. In general, all persons born within the United 
 States, as well as the children born abroad of American 
 parents, are native-born citizens. Naturalized citizens are 
 aliens who have attained citizenship through the process 
 of naturalization. 
 
 513. • Process of Naturalization. The method of natural- 
 ization prescribed by Congress requires a minimum residence 
 in this country of five years. * At least two years Dtoiaration 
 before his final admission, the alien must declare "' '"•^'iWon 
 on oath that it is his intention to become a citizen of the 
 United States, and to renounce forever his allegiance to the 
 foreign country of which he is a subject or citizen. This 
 declaration is made before a circuit or district court of the 
 United States, or before a court of record of the State in 
 which the applicant resides.^ The declaration of intention 
 sets forth the appKcant's name, age, occupation, personal 
 description, place of birth, last foreign residence and al- 
 legiance, date of arrival in the United States, and present 
 residence. The declaration is recorded and a certified 
 
 1 This has been the teQiiired term since 1795 except during the years 1708-1803. when 
 It was fourteen years. 
 
 ' The State court must be one of common law jurisdiction, having a seal and a clerk. 
 
436 GOVERNMENT AND POLITICS 
 
 copy furnished the applicant, who is then said to have taken 
 out his first papers, or to have made his declaration. 
 
 Not less than two nor later than seven years from the 
 declaration of intention, the applicant may present to the 
 Final court a petition signed in his own writing and duly 
 
 admission verified, requesting admission to full citizenship. 
 This sets forth the fact that the petitioner has been a 
 resident of the United States at least five years contin- 
 uously, and of the State or district where the court is 
 held at least one year; that he is not opposed to organ- 
 ized government, and is not a believer in polygamy; and 
 that he absolutely and forever renounces all allegiance to 
 the foreign country of which he has been a citizen. Finally, 
 the applicant must declare on oath in open court that he 
 will support the constitution of the United States. Two 
 witnesses must testify to his term of residence; and if it 
 appears to the satisfaction of the court that during that 
 time he has conducted himself properly, he may be ad- 
 mitted to citizenship.^ The naturalization of an alien 
 includes his wife and minor children residing in this country. 
 
 514. Naturalization of Communities. When foreign ter- 
 ritory is annexed to the United States, Congress may pass 
 a general act conferring citizenship upon the inhabitants 
 of such territory. This was done upon the annexation of 
 Texas, New Mexico, and California, and shortly after the 
 annexation of Hawaii.^ The inhabitants of Porto Rico and 
 the PhiUppines are entitled to the protection of the United 
 States, but Congress has not yet conferred upon them the 
 privilege of citizenship. 
 
 515. Effects of Naturalization. The result of natural- 
 ization is to confer practically all the privileges of native- 
 born citizens, except that of eligibility to the Presidency or 
 
 ' The privilefe of naturalization ig not accorded to aliens of all races, but ia limited to 
 "aliens beinf free white personi, and to aUens of African nativity and persons of African 
 descent." The naturalization of Chinese is expressly prohibited by act of Congress: nop 
 may citizenship be conferred upon aliens who cannot speak Enghsh, 
 
 2 Another instance of collective naturalization waa that which resulted from the adop- 
 tion of the fourteenth amendment. 
 
MISCELLANEOUS POWERS 437 
 
 Vice-Presidency.' Naturalized citizens become citizens of 
 the State or territory in which they reside, as privileges oi 
 well as of the United States. Naturalization does "'tiMMiiip 
 not of itself confer the right of suffrage, since the right 
 to vote comes from the State, and the qualifications for 
 suffrage are determined by State laws. But most States 
 confer the right to vote upon all citizens of the United 
 States who have resided within the commonwealth for one 
 year; and eleven States even permit aliens to vote, provided 
 they have declared their intention of becoming citizens. 
 
 Si6. Power over Bankruptcy. A bankruptcy law is one 
 which provides for the equitable division among his cred- 
 itors of the property of an insolvent debtor, where- sajiicruptoy 
 upon the latter is discharged from legal liability ^^* 
 for the remainder of his debts. The object of a bankruptcy 
 law is to afford relief to the debtor who is hopelessly in- 
 solvent, while also securing to each creditor payment of a 
 proportionate share of his claim. 
 
 The constitution vests in Congress power to estabUsh 
 uniform laws on the subject of bankruptcy throughehit the 
 United States. If Congress does not exercise this Neural 
 power, the States may pass laws dealing with the and state 
 subject ; but when Congress passes a national bank- 
 ruptcy act, State bankruptcy laws are thereby suspended, 
 the federal law operating throughout the entire Union. 
 
 On four occasions in our history. Congress has exercised 
 this power, but most of the federal bankruptcy p.jgjgj 
 laws have been of brief duration. Thus the bank- banicraptoy 
 ruptcy act of 1800 was repealed in 1803; that of 
 1841 in 1843; that of 1867 in 1878; while the law passed in 
 1898 remains in force. 
 
 517. ProceedingB in Bankruptcy. Under the present law, 
 proceedings in bankruptcy may be instituted by the Voinntarr 
 debtor or the creditor, the former being known as "anirnptoy 
 voluntary, the latter as involuntary bankruptcy. Any person 
 
 1 At least seven years of citizenafaip is required in order to be eligible to the House of 
 Bepresentatiresa and nine years for the Senate. 
 
438 GOVERNMENT AND POLITICS 
 
 who owes debts may become a voluntary bankrupt. In such 
 case the debtor files a petition setting forth that he is unable to 
 pay his debts, and that he is willing to surrender all his property 
 for the benefit of his creditors. 
 
 Any person or corporation (except laborers, farmers, and na- 
 Involimtar; tional banks) owing debts to the amount of one thou- 
 bonkraptoy sand dollars may be adjudged an involuntary bankrupt 
 upon committing certain acts of bankruptcy.^ 
 
 Original jurisdiction in bankruptcy cases is vested in the federal 
 district courts, although the statute also provides for referees, 
 JuTlsdlo- who perform many judicial functions in bankruptcy 
 tionand proceedings. After the debtor is adjudged a bankrupt, 
 prooMOlngs ^^ trustee is appointed who assumes control of his pro- 
 perty and administers it for the benefit of creditors. After the 
 claims of creditors have been established, the property is divided 
 among them -pro rata according to the amount of their claims. 
 If the bankrupt's business conduct has been honest, he is then 
 entitled to a legal discharge from his debts, although the moral 
 obligation to pay them of course remains. 
 
 518. Power over Copyrights. In order to promote the 
 progress of science and the useful arts, the constitution vests 
 OopyrifM in Congress the power to enact copyright laws, 
 laws whereby the works of authors may be protected. 
 
 A copyright law is one which secures to an author the 
 exclusive right to print, publish, and sell his writings, and 
 generally the exclusive right to dramatize them. The present 
 law grants a copyright for a term of twenty-eight years, 
 and provides for a renewal by the author (or the widow, 
 widower, or children of the author, or next of kin) for the 
 further term of twenty-eight years. ^ 
 
 In order to secure copyright on a book or other work repro- 
 duced in copies for sale, the work must be published with the 
 copyright notice;' and promptly after publication, two copies of 
 
 ^ Acta of bankruptcy include: (1) conveying, concealing, or removing property with 
 intent to hinder, delay, or defraud any creditor; (2) transferring property while involved 
 im order to give one creditor a preference over another; (3) permitting while insolvent any 
 creditor to obtain such preference through legal process; (4) making a general assignment for 
 the benefit of creditors; (5) admitting in writing inability to pay existing debts and willing- 
 ness to be adjudged a bankrupt on that ground. 
 
 ' Copyright protection is granted to books and periodicals, maps, dramatic or musical 
 compositions, photographs, works of art, or designs for works of art, sermons, and lee* 
 turea. 
 
 ' The legal form is; "Copyright, 19 — , by " 
 
MISCELLANEOUS POWERS 439 
 
 the best edition must be sent to the copyright office at Washing- 
 ton, together with an application for registration, 
 accompanied by the fee of one dollar. In the case of oop^leM* 
 books by American authors, an affidavit is required 
 stating that the typesetting, printing, and binding of the book 
 have been performed within the United States. 
 
 Repeated attempts have been made to secure the enactment 
 of an international copyright law, but as yet such efforts have 
 proven unavailing. Many nations, including the intcnu- 
 United States, grant copyrights to citizens of foreign tlonti 
 countries provided the foreign country grants recipro- '"'PT^iJ'* 
 cal rights. The benefit of our copyright law to foreign authors is 
 greatly restricted by the requirement that in order to secure pro- 
 tection, the book (if in the English language) must be printed in 
 the United States.^ 
 
 519. Patents. Congress has authorized the granting of 
 patents securing to inventors for a limited period the ex- 
 clusive right to make, manufacture, and sell their wiat nuy 
 inventions. Patents may be granted to any person *" '»*"»»•* 
 who has invented or discovered any new or useful art, ma- 
 chine, manufacture, or composition of matter, or any new 
 and useful improvement thereof; or any new or original 
 design for an article or manufacture." Patents are valid 
 for a period of seventeen years. 
 
 Patents are issued through the Patent Office, a bureau of the 
 Department of the Interior since 1849. Applications must be made 
 in writing to the commissioner of patents, the applicant . 
 being required to state under oath that he believes 
 himself to be the original inventor of the article upon which he 
 seeks a patent. The application must be accompanied by a writ- 
 ten description of the invention, giving all the specifications in 
 a full, clear, and concise manner. The description is generally 
 accompanied by drawings, and if necessary the inventor may be 
 required to furnish a model. 
 
 1 Boolu o( foreign origin in a language other than English need not be manufactuied In 
 the United States in order to, secure the copyright. 
 
 ' The article must be one not patented or described in any printed publication in this or 
 uny foreign couotry prior to the invention, and not in public use or on sale in the United 
 States for more than two years prior to the application. 
 
 8 The fee on filing an application for a patent is fifteen dollars; on issuing the patent, 
 twenty dollars. All patented articles must be marked with the word " patented, " together 
 with the exact date on which the patent was granted. 
 
440 GOVERNMENT AND POLITICS 
 
 Upon receipt at the Patent Office, the application is referred 
 to the proper examiner to decide whether the article is an inven- 
 Dtclslon t'O'i' ^°*i whether it possesses novelty and utility.^ If 
 oonotrnlne the examiner reports favorably, the patent is issued; if 
 
 '" ' his decision is adverse, the applicant may appeal to the 
 
 board of examiners, and from their decision to the conmiiissioner 
 of patents, and finally to the court of appeals of the District of 
 Columbia. 
 
 An infringement of a patent consists in wrongfully making, 
 using, selling, or otherwise dealing with a patented invention. 
 Infringements of patents give rise to much litigation, 
 manta ' ^'^^ '"^ such cases the patentee has two remedies : he may 
 sue at law for damages; or may apply to a court of 
 equity for an injunction restraining the infringer from continuing 
 his acts, praying also for damages for the injuries sustained. 
 
 The Patent Office with its collection of valuable models is one 
 of the most interesting of the government bureaus. The office 
 Tli» performs an economic service of the highest importance 
 
 Fattnt in encouraging invention; and it is estimated that one 
 
 OUloe third of the world's important inventions originate in 
 
 the United States. Since 1837 nearly one million patents have 
 been issued. 
 
 520. Trade-Marks. By acts passed in 1870 and 1876, 
 Congress attempted to establish a universal system of trade- 
 FeAtToi mark registration in order to secure to owners of 
 ugiiiation trade-marks the exclusive right to their use. These 
 acts were held unconstitutional by the Supreme Court, 
 since a trade-mark is not an invention, discovery, or writing 
 within the meaning of the clause of the constitution re- 
 lating to patents and copyrights. Further, the acts could 
 not be sustained under the commercial power, because they 
 were not limited to trade-marks used in foreign and inter- 
 state commerce. In 1881, Congress passed a statute deal- 
 ing with the same subject, but limited in its scope to trade- 
 marks used in foreign and interstate commerce. 
 
 521. Weights and Measures. Although expressly au- 
 AotionbT thorized by the constitution to fix the standard 
 ConsTtss Qf weights and measures, Congress has done little 
 
 1 The requirement as to utility ia very liberally interpreted. 
 
MISCELLANEOUS POWERS 441 
 
 in the exercise of this power. Legislation has been enacted 
 providing a standard troy pound for the regulation of the 
 coinage (1828), establishing uniform standards for use in 
 the customs and internal revenue service, and making per- 
 missive but not obligatory the use of the metric system 
 (1866). 1 
 
 In the absence of exclusive congressional legislation, each 
 State has the right to adopt its own standard of weights 
 and measures. The States have retained the old tihsuu 
 English standards, instead of adopting the metric systems 
 system used throughout the greater part of the civiHzed 
 world. Whenever Congress sees fit to establish a national 
 standard, these State laws will be superseded, just as in the 
 case of a national bankruptcy law. 
 
 522. Federal Power over Crimes. The power of Con- 
 gress to define and punish crimes is either expressly granted 
 by the constitution, or necessarily implied in the Express 
 grant of other powers. Authority is expressly con- s"^"" 
 ferred to deal with the following crimes: (l) counterfeiting; 
 
 (2) piracies and felonies committed on the high seas; 
 
 (3) offenses against international law; and (4) treason. 
 Congress has implied power over a large number of 
 
 crimes, this authority being indispensable to the effective 
 exercise of the law-making function. Thus the impusa 
 power to establish post offices and post roads »'"'•" 
 necessarily implies power to punish the crime of robbing or 
 obstructing the mails; the power to levy customs duties 
 and excises requires provision for penalties at every step; 
 and many similar examples could be added. 
 
 523. Counterfeiting. Congress is expressly empowered 
 to "provide for the punishment of counterfeiting the se- 
 curities and current coin of the United States." ^ Counter- 
 feiting includes not only the manufacture of forged coins 
 
 I In 1901 Congress established a national bureau of standards, which has since been made 
 a bureau of the Department of Commerce and Labor, This bureau is the repository of the 
 national standards; and to carry on its work a corps of specialists haa been employed, and 
 laboratories have been equipped with measuring apparatus and other instruments. 
 
 * Cotutiiution, Art. i. Sec. 8, Far. 6. 
 
442 GOVERNMENT AND POLITICS 
 
 and securities, but also passing them when made, or having 
 them in possession with intent to pass them. The term also 
 includes the coimterfeiting or passing counterfeits of excise 
 and postage stamps, stamped envelopes, postal cards, 
 letters patent, postal money orders, custom-house certi- 
 ficates, land- warrants; and also the coins, notes, and bonds 
 of foreign governments. 
 
 524. Piracy. Congress is empowered to define and punish 
 piracies and felonies on the high seas, and offenses against 
 Meaninr ^^^ "^^ °^ nations. Piracy as the word is used in 
 In interna- international law denotes robbery or forcible depre- 
 dations committed on the high seas. The jurisdic- 
 tion of a country over the adjacent sea ordinarily extends 
 to a line three miles beyond low- water mark; but the high 
 seas or ocean lying outside this line form the highway of 
 nations, subject to their common jurisdiction. Pirates may 
 be lawfully captured on the ocean by the ships of any na- 
 tion, and every country has jurisdiction to punish them, 
 since they are regarded as the common enemies of mankind. 
 The universal penalty for piracy is death. 
 
 Since Congress has power to define piracy, it may enlarge 
 the definition so as to include other crimes than piracy as 
 Extanaion known to the law of nations. Accordingly, Con- 
 oitorm gjggg jjj^g provided that certain other offenses 
 
 shall be deemed piracy, such as the slave-trade, murder on 
 the high seas, and acts of hostility against the United 
 States or its citizens under color of a commission from a 
 foreign state. 
 
 525. Offenses against the Law of Nations. Congress also 
 has power to punish offenses against the law of nations.' 
 Instances of the exercise of this power are to be found in the 
 neutrality laws which forbid the fitting-out of armed vessels, 
 or the enlisting of troops within the United States for the 
 use of a belligerent power. Another example is the law 
 
 * International law, or the law of nations, is " a body of rules and precedents governing 
 nations in their relations with one another, resting on the common consent of the ci^'ilized 
 world." — Hinsdale, B. A., AmeHcan Govemmenl, p. 225. 
 
MISCELLANEOUS POWERS 443 
 
 which prohibits the organization within the boundaries of 
 the United States of armed expeditions against friendly 
 nations. 
 
 526. Treason. Since treason aims at the very life of 
 government, it has always been considered the most serious 
 of crimes, and punished with the severest pen- oommon- 
 alties. At the ancient common law, the definition '*'"'•«"" 
 of treason was left largely to judicial discretion; and as 
 a result many offenses were included in the class of con- 
 structive treason, subjecting those who committed them 
 to the most barbarous punishment. Finally in the reign of 
 Edward III, Parliament swept away the doctrine of con- 
 structive treason by a statute declaring and defining all 
 the different branches of treason. 
 
 Similarly the framers of the constitution, in order to 
 
 prevent legislative or judicial extension of the term, inserted 
 
 in that instrument the definition of treason as con- ir„„(m 
 
 sisting only in levying war against the United imaMtiu 
 _, „ . . . . . . , . , coutltntloii 
 
 States, or adhermg to its enemies, giving them aid 
 
 and comfort. To constitute this crime, war must be actu- 
 ally levied against the United States; a conspiracy to sub- 
 vert the government by force, although criminal, is not 
 treason.* As an additional safeguard to a person accused 
 of treason, the constitution declares that there shall be no 
 conviction except on the testimony of two witnesses to the 
 same overt act, or on confession in open court. 
 
 Death in the most terrible form was the common-law 
 punishment for treason, besides corruption of blood and 
 forfeiture of the estate of the offender. Corruption p^^^^jg 
 of blood meant the destruction of all inheritable 
 qualities in the person, so that he could not succeed as 
 heir to any lands, nor could others inherit property from 
 
 ■ "On the contrary, if war be actually levied, that is, if a body of men be actually as- 
 sembled for the purpose of effecting by force a treasonable purpose, all who perform any 
 part, however minute, or however remote from the scene of action, and who are actually 
 leagued in the general conspiracy, are traitors. And one is adherent to the enemies of the 
 country, and giving them aid and comfort, when he supplies them with intelligence, furnishes 
 them with provisions or arms, treacherously surrenders to them a fortress, and the Uke." 
 Ex parte BoUman, 4 Crancb, 75, 
 
444 GOVERNMENT AND POLITICS 
 
 or through him. His estate was permanently forfeited 
 to the crown. These severe punishments were prohibited 
 by the constitution, which provides that no attainder 
 (conviction) of treason shall work corruption of blood; 
 while forfeiture of estate is permitted only during the 
 lifetime of the person convicted. The penalty for treason 
 under existing laws is death; or at the discretion of the court, 
 imprisonment for five years at hard labor, with a fine of not 
 less than $10,000, and perpetual disqualification for office 
 under the United States. 
 
 GENERAL REFERENCES 
 
 Andrews, Jas. D., American Law (1900), ch. xviii. 
 
 Ashley, R. L., The American Federal State (1903), pp. 212-218, 270, 278, 
 
 280, 309. 
 Black, H. C, Constitutional Law (1897), pp. 207-219, 600-603. 
 Cooley, Thos. M., Constitutional Law (1898), pp. 88-89, 94-97, 104. 
 Hart, A. B., Actual Government (1903), pp. 16-21, 492-496, 578. 
 James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
 
 pp. 222-232. 
 McClain, E., Constitutional Law (1905), pp. 92-99, 173-181. 
 Pomeroy, J. N., Constitutional Law (1888), sees. 385-407, 413-440. 
 Story, Joseph, Commentaries on the Constitution (5th ed., 1905), sees. 
 
 1102-1115, 1151-1167, 1295-1301. 
 Tucker, J. R., The Constitution of the United States (1899), ii, pp. 558-565, 
 
 572-573, 616-624. 
 
 QUESTIONS AND EXERCISES 
 
 1. Describe fully the Alien and Sedition laws. What were the political 
 results of these measures? 
 
 2. Should our present requirements for naturalization be increased? 
 Give reasons. 
 
 3. Can persons of all races become naturalized? 
 
 4. How may an American citizen lose his citizenship? 
 
 5. When the father of a family becomes naturalized, what is the status 
 of his children of foreign birth? Of those born in the United States? 
 
 6. Give arguments for and against a federal bankruptcy law. 
 
 7. What recent change has been made in the term for which copyrights 
 are granted? Why do foreign authors complain of our copyright law? 
 
 8. Name five of the greatest inventions patented by Americans. 
 
 9. What arguments can you give for and against the establishment by 
 federal law of the metric system of weights and measures? 
 
 10. How may a trade-mark be protected? 
 
 11. Give historical examples of treason against the United States. What 
 punishment was imposed? 
 
 12. Name several crimes against federal law. What court has jurisdiction 
 over these offenses? 
 
CHAPTER XXXVI 
 
 mSTOBT AND ORGANIZATION OF POLITICAL PARTIES 
 
 527. Importance of Political Parties. In the United 
 States political parties are the great motive force by which 
 the machinery of government is moved. Federal „ ^ 
 and State constitutions and statutes form the legal power oi 
 foundation of government ; but even the provisions ^''^""™'"' 
 of the written constitution have been profoundly modified 
 through the action of party organizations. In both legisla- 
 tion and administration, the will of the people is generally 
 expressed, however crudely, through the agency of political 
 parties. Hence some knowledge of party history and or- 
 ganization is essential to a clear understanding of our insti- 
 tutions and government; for broadly speaking, it is by the 
 parties that the business of government is conducted, and 
 it is largely owing to their influence that our pohtical in- 
 stitutions have assumed their present form. 
 
 528. Functions of Parties. Four principal functions are 
 performed by parties in carrying on the work of government. 
 (1) Parties afford a means of crystallizing and unifying 
 public sentiment upon the questions of the day. ' The men 
 united in a party are usually in substantial agreement upon 
 certain policies, and by the adoption of a party platform 
 these principles are placed before the voters for approval 
 or rejection. (2) Parties supply the machinery jby which 
 the great majority of elective officers are nominated, 
 thereby enabling the party voter to cast his ballot for can- 
 didates of his own pohtical faith. (3) They are the agencies 
 by which political campaigns are conducted, the manage- 
 
 1 "The true office of the elaborate apparatus used to work up popular excitement over 
 party issues is to energize the mass of citizenship into political activity." — Ford, H. J., 
 The Buf and Orowih qf Ameriean Politict^ p. 305. 
 
446 GOVERNMENT AND POLITICS 
 
 ment of which is entrusted to various party committees. 
 (4) Parties provide an agency for the control of executive 
 and legislative policies and agents.^ Under our system 
 of distributing powers among the several departments of 
 government, parties afford a valuable means of unifying 
 and harmonizing the legislative and executive branches. If 
 a party secures control of both these departments, it 
 thereby becomes morally responsible for carrying out the 
 policies outlined in its platform. Hence, although execu- 
 tive and legislative oflScers possess independent powers 
 under the constitution, they must work in harmony to 
 carry out the policies of the political party to which they 
 owe a common allegiance. 
 
 529. Origin of Parties. The history of our political parties 
 commences with the Constitutional Convention of 1787. The first 
 The Oonstl- issue which led to the rise of parties was the question of 
 tntlonal the formation and adoption of the federal constitution. 
 OonvenUon Qne party, the Nationalists, later called the Federalists, 
 favored a strong authority to which the States should be dis- 
 tinctly subordinated. Another group, composed chiefly of dele- 
 gates from the small States, maintained that the several common- 
 wealths ought to retain all the important powers of government, 
 the national government controlling only such matters as foreign 
 relations and national defense. 
 
 530. The Federalists (1788-1816). The Federahsts came 
 into power upon the ratification of the constitution, and remained 
 Fitnclsles ™ control of the government until 1801.' Their chief 
 
 support came from the commercial classes of New 
 England and the small Middle States, and from the wealthy and 
 conservative class in general. In foreign affairs the Federalists 
 favored Great Britain, viewing French republicanism with alarm 
 and dread. Their party stood especially for three principles: 
 first, a strong central government; second, a liberal construction 
 of the constitution so as to extend as widely as possible the powers 
 of the federal government; ' and third, rule by the leaders. 
 
 1 "The occaaion for it (party organization) was the need of means of concentration sc 
 as to establish a control over the divided powers of government. Party machinery was de- 
 vised under the stimulus of necessity and has been submitted to because there was nc 
 help for it." — Ford, H. 3., The Rite and Growth o] American Politict, p. 207. 
 
 ' Although Washington was not a member of either party, he was by force of circum 
 stances as well as by natural inclinations practically in accord with the Federalists. 
 
 * Hence the party is sometimes called a liberal or loose construction party. 
 
POLITICAL PARTIES 447 
 
 The aristocratic tendencies of the Federalist party foredoomed 
 it to failure with the growth of the spirit of democracy. The enact- 
 ment of the Alien and Sedition laws was a serious politi- j. 
 cal blunder, and the party never regained control of the 
 government after its defeat in 1800. With the close of the War of 
 1812 (to which the Federalists had been bitterly opposed), that 
 party disappears from our political history. 
 
 531. The Democratic-Republican Party (1788-1820). 
 After unsuccessfully opposing the ratification of the constitution, 
 the anti-federalists accepted the situation, but insisted g.. 
 that the terms of that instrument should be so construed 
 
 as to forbid an extension of the powers of the federal govern- 
 ment beyond those expressly granted. Soon this party became 
 known as the "Republican" or "Democratic-Republican," 
 because of its sympathy with the Republican party in France 
 In earlier years it derived its main support from the South and the 
 agricultural classes, as well as from the poorer class generally. 
 
 Its main principles were first, a strict construction of the federal 
 constitution, so as to restrict to a narrow field the powers of the 
 national government; and second, rule by the common -. . . 
 people, with especial care for the rights of individuals.^ 
 The Democratic-Republican party had continuous control of the 
 government from 1801 until 1835; but the force of circumstances 
 during these years compelled a considerable modification of its 
 principle of opposition to the extension of federal power. When 
 the Federalists were in power, such policies as the assumption of 
 State debts, the establishment of a United States Bank, and the 
 adoption of a system of uidLrect taxation were denounced by the 
 Republicans as unwarrantable usurpations of power. But on 
 gaining control of the national government, Jefferson and his fol- 
 lowers did not hesitate to extend the domain of federal power. The 
 Embargo Act and the annexation of Louisiana proved that what- 
 ever their theoretical principles as a party of opposition, the Re- 
 publicans would not hesitate to adopt a strong national policy 
 when in power, 
 
 532. Reorganization of Parties (1820-1830). The reelec- 
 tion of Monroe in 1820 by every electoral vote save one marked 
 
 the obliteration of old party lines; and the following „ , . , 
 
 .,-.. 1. 1 ' 1 e • Porlofl ox 
 
 decade was a period of transition during wnicn factions transition 
 
 were opposed on personal and sectional grounds, rather 
 
 than on account of party principles. Gradually about 1830 two 
 
 great parties were again formed, one of which took the name of the 
 
 1 A3 pointed out by Bryce, the Republicans claimed to be the apostles of Liberty, while 
 the Federalists represented the principle of Order. 
 
448 GOVERNMENT AND POLITICS 
 
 Democratic party, the other being known first as the National- 
 Republican, and later as the Whig party. 
 
 533. The Democratic Party (1830-1856). The new Demo- 
 cratic party, organized under the leadership of Andrew Jackson, 
 
 adopted the principles and traditions of the Jeff ersonian 
 Republicans. It was the champion of States' rights 
 and of a strict construction of the constitution; and hence it op- 
 posed the United States Bank, likewise the protective tariflf, and 
 the policy of internal improvements carried on by the federal gov- 
 ernment. 
 
 534. The National Republican or Whig Party (1830- 
 1856). Under the leadership of Clay and Webster, the Whigs 
 
 adopted many of the views formerly held by the Feder- 
 poUclea alists, such as the encouragement of manufactures by a 
 
 protective tariff, and the expenditure of public money 
 for internal improvements. ' Throughout most of its history the 
 Whig party was one of opposition. Although it succeeded in elect- 
 ing two Presidents, only once did it have both the Presidency and 
 Congress within its control; and on that occasion the death of 
 Harrison and the succession of Tyler (who was in fact a Democrat) 
 prevented the adoption of Whig policies. The party was dis- 
 credited by the Compromise of 1850, and became hopelessly di- 
 vided upon the slavery issue. It received a crushing defeat at the 
 presidential election of 1852, and in the same year the death of 
 its great leaders. Clay and Webster, marked its final overthrow 
 
 535. Second Reorganization of Parties (i852-i86o\ 
 By 1850 slavery had become the one great political question in 
 SlsmpUon spite of the efforts of the parties to evade the issue. 
 ol Demo- During the next few years parties were reconstituted 
 oiatlo party ^^^ ^^^ question of the extension of slavery. By this 
 time the Democratic party had passed under the control of the 
 pro-slavery element. The presidential elections of 1852 and 1856 
 resulted in the choice of Democratic candidates; but in the elec- 
 tion of 1860 the party was divided upon the slavery issue, the 
 Northern wing of the party nominating one candidate, and the 
 Southern wing another. 
 
 Meantime a new party organization had come into existence, 
 formed out of various elements opposed to slavery — the aboli- 
 tion Whigs, the anti-slavery Democrats, the Liberty 
 party party, and the Free Soilers. This was the Republican 
 
 party, which, although unsuccessful in the election of 
 1856, succeeded in electing Abraham Lincoln in 1860. The Re- 
 
 > The "Whigs, Uke the Federalist party, derived their chief support from New Enffland and 
 the small Middle States. 
 
POLITICAL PARTIES 449 
 
 publicans proclaimed as a fundamental principle the right and 
 the duty of Congress to prohibit slavery in the territories, and 
 the success of their party at the election of 1860 was soon fol- 
 lowed by the secession of eleven slave States. 
 
 536. Parties since i860. Although the great body of North- 
 ern Democrats were stanchly loyal to the Union, their party was 
 disrupted by the Civil War, the Republicans remaining 
 
 in uninterrupted control of the government from 1860 issQgg 
 to 1884.1 Until 1880 the parties were divided principally 
 over issues arising from the Civil War, especially the question of 
 reconstruction. From 1880 to 1892, the tariff question was the 
 prominent issue, the Republicans favoring a protective tariff, 
 and the Democrats a tariff for revenue only. From 1892 to 1900, 
 the silver question was the all-absorbing issue, the Republicans 
 favoring gold monometallism, the Democrats bimetallbm at the 
 ratio of 16 to 1. Since 1898, the so-called policy of imperialism, 
 as well as such subjects as the control of corporations, the estab- 
 lishment of postal savings-banks, the taxation of incomes, the 
 conservation of natural resources, and the revision of tariff rates 
 have received considerable attention in party platforms. 
 
 537. Minor Political Parties. Many minor or "third" 
 parties have been formed from time to time in our history, and 
 some of these 'have had a considerable influence upon Hlstoilo 
 political affairs. But as a rule voters have accepted the "tUrd" 
 two-party system, and it has been difficult to induce I"""'* 
 them to vote with a third party. Among the more important 
 minor parties, all of which have long since ceased to exist, are the 
 Anti-Masonic party of 1828-32, the Liberty party of 1840, the Free 
 Soil party of 1848, the Know-Nothing or American party of 1854, 
 the Liberal Republicans of 1872, and the Greenback party of 1876. 
 
 Of the existing minor parties the oldest is the Prohibition party 
 (founded in 1872), which aims to secure the suppres- exIsUhb 
 sion of the liquor traffic throughout the United States, minor 
 Other important minor organizations are the Socialist- ' " 
 Labor party, which has held national conventions since 1892, and 
 advocates the adoption of a complete socialistic programme; the 
 Socialist party, which was formed from a faction of the Socialist 
 Labor party, and advocates similar policies; and the People's or 
 Populist party, which was formed about 1892, advocatmg as its 
 chief principle the free coinage of silver. Of the minor parties in 
 existence since the Civil War, the People's party alone has been 
 successful in carrying the electoral vote of any State. 
 
 « In 1884 and again in 1892 the Democrats were saccessful in electing their candidates, 
 Ihese being the only two Democratic administrations since the Civil War. 
 
450 GOVERNMENT AND POLITICS 
 
 S38. Organization of Parties. The two chief instruments 
 in the management of parties are the party convention and 
 OonTentions *^® standing committee. Although it represents 
 ana party the supreme authority of the party, the conven- 
 
 oommlttees .• • i , 11 11 
 
 tion IS only a temporary body, and hence a more 
 permanent agency is needed to carry on the everyday 
 business of party management. Accordingly the conven- 
 tion elects standing committees — national. State, and 
 local — which manage party affairs imtil the assembling 
 of the succeeding convention. Such matters as the nomina- 
 tion of candidates and the formulation of party platforms 
 are reserved for the convention itself; while to the several 
 party committees are entrusted the calling of conventions, 
 the management of campaigns, the organization of political 
 clubs, and the general control of the party's interests. 
 
 At the head of the permanent party organization is the 
 national committee, consisting of one member from each 
 ThenaUouai State and territory. This committee is chosen 
 committee every four years at the national convention, each 
 State and territorial delegation being entitled to one repre- 
 sentative. The national committee may appoint a smaller 
 executive committee, which carries on the presidential cam- 
 paign under the direction of the national chairman. Other 
 important functions of the national committee are the 
 choice of a place of meeting for the ensuing national con- 
 vention, and the selection of its temporary chairman. ^ 
 
 Independent of the national committee, but acting in 
 harmony with that body, is the State central or State ex- 
 state ecutive committee. This is composed of represent- 
 committees a^^jyes from each congressional or State senatorial 
 district, or of members chosen by the State convention, or 
 elected by the several county conventions. The chief func- 
 tions of the State committee are to fix the time and place 
 
 * Another party committee natioDal in character is the congreisioaal committee, ap- 
 pointed at a joint or separate caucus of the members of each party in the Senate and House. 
 This committee includes members from each State and territory which has representatives 
 in either house. Its special function is to cooperate with the local committees during con- 
 gressional campaigns, its eSorts being directed especially toward carrying doubtful districts 
 
POLITICAL PARTIES 451 
 
 for the meeting of the State convention, to arrange the pre- 
 liminary work of that body, to wage the party's campaign 
 in the State; and in general to advance the party's interests. 
 
 The local party committees include county, township, 
 city, and sometimes even ward and precinct committees; 
 and there is also a committee for each congres- Local 
 sional district. Members of local committees are <i<>™™i"8es 
 generally chosen either by the voters at a party primary, or 
 by county or city conventions. The local committees issue 
 the call for the party primary, and often determine the 
 rules under which it is held. Hence they exercise important 
 powers, since the local primaries form the basis of the entire 
 nominating machinery. 
 
 539. The Party Machine. This hierarchy of committees 
 is usually spoken of as the "machine" or "organization." 
 Much criticism is directed against the machine source oi 
 because too frequently it goes beyond its legiti- '"'^"^ 
 mate functions of serving the party, and seeks to perpetu- 
 ate its own power by dictating nominations, thus indirectly 
 controlling a large number of elective and appointive of- 
 ficers. In order to accomplish this result, the machine must 
 control the primaries, since only in this way can delegates 
 be elected who are favorable to the wishes of the organiza- 
 tion. Hence local committees often make up a ticket or 
 slate previous to the primary, and endeavor to secure the 
 election of certain individuals as convention delegates. 
 This usurpation of power is frequently successful, owing to 
 the lack of interest taken by the ordinary voter in party 
 management; and hence control of nominations and party 
 policies is largely in the hands of committees which in theory 
 are only the agencies for carrying out the will of the voters. 
 
 Within recent years there has been a marked tendency 
 for political organizations to pass under the control of a 
 single person. Owing to his superior political jj^j.-b^j^,, 
 skill and sagacity, some leader often wins the title 
 of "Boss" by establishing himself as the chief controUing 
 
452 GOVERNMENT AND POLITICS 
 
 factor in local or even State party affairs. Large cities 
 have commonly been the most favorable fields for the Boss 
 and for machine control generally, because of the numerous 
 oflSces and the frequent opportunities to secure illicit 
 gain.^ Sometimes the sphere of the Boss is larger than 
 the city, including the entire State. 
 
 540. Party Responsibility. The great problem in Ameri- 
 can politics is to make the political party virtually as 
 unieiire- ^®^^ ^^ nominally responsible to its members, 
 sentativo Too often the political prerogatives of the ordin- 
 nomlnatlons . . j2 j x 1 • u j. 
 
 ary citizen are confined to choosing between can- 
 didates for oflBce who have been nominated by the small 
 group of politicians in control of each party. The right 
 to choose between two candidates in whose nomination the 
 voter has had nothing to say may be democratic govern- 
 ment in form, but it is not in substance. Since the parties 
 control the government, it is essential to representative 
 rule that the parties themselves be effectually controlled 
 by their members. 
 
 Serious abuses on the part of the machine generally end 
 in a revolt within the ranks of the party, many of whose 
 Opposiuon members finally support opposing candidates as a 
 to maoUne rebuke to machine methods, or else form an organ- 
 ization within their own party with which to op- 
 pose the machine. Direct nominations constitute the most 
 promising means of checking excessive control by the party 
 organization; but up to the present time no remedy has 
 been devised which will entirely prevent the evils resulting 
 from the tendency of party organizations to dominate rather 
 than to serve their party. ^ 
 
 * Bryce enumerates the following conditions as tending to give rise to rings and bosses: 
 (1) the existence of a spoils system. (2) Opportunities for illicit gains arising out of the pos- 
 session of office. (3) The presence of a mass of ignorant and pliable voters. (4) The insuf- 
 ficient participation in politics of the good citizens. — Bryce, James, The American Com- 
 monwealth, 11, p. 120. 
 
 ' "The great need in American politics to-day is that young men of high ideals and re- 
 solute purposes for good government should devote themselves to political activity, stand- 
 ing up stoutly and constantly for honest government, high ideals in politics, and that act- 
 ive participation in political life by which better government is brought to pass." — Wood- 
 burn, J. A., Political Parties and Party Problema in the United Staieg, p. 303. 
 
POLITICAL PARTIES 458 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), ch. xxin. 
 Beard, C. A., American Government and Politics (1910) ch. vi. 
 
 Readings in American Government and Politics (1910), eh. vi. 
 
 Bryce, James, The American Commonwealth (1907), ii, chs. Lin-tvi, Lix- 
 
 LXV. 
 
 Ford, H. J., The Rise and Growth of American Politics (1898), chs. vn, 
 
 xxin-xxv. 
 Fuller, Robert H., Government by the People (1908), ch. xi. 
 Goodnow, F. J., Politics and Administration (l900), chs. n, vi, vni-ix. 
 Hart, A. B., Actual Government (1903), ch. v. 
 Johnston, Alexander, History of American Politics (1902). 
 Lodge, H. C, Historical and Political Essays (1892), pp. 198-213. 
 Macy, J., Party Organization and Machinery (1904). 
 
 Political Parties in the United States (1900). 
 
 Morse, A. D., History of Political Parties (1903). 
 
 Ostrogorski, M., Democracy and the Organization of Political Parties (1902). 
 
 Wilson, Woodrow, Constitutional Government in the United States (1908), 
 
 ch. vm. 
 Woodbum, J. A., Political Parties and Party Problems in the United Stalet 
 
 (1909). 
 
 QUESTIONS AND EXERCISES 
 
 1. Define a political party, and describe the functions which it performs. 
 
 2. Prepare a report upon the principles and leaders of the Federalist party. 
 
 3. Describe the principles of JeJferson and the Democratic-Republican 
 party. 
 
 4. What were the political principles of the Whig party? 
 
 5. Give an account of the rise of the present Republican party. 
 
 6. Describe the political parties and issues in the campaign of 1860. 
 
 7. State which political party has generally favored and which one has 
 opposed the following policies: (a) liberal construction of the federal 
 constitution; (b) a protective tariff; (c) a national banking system; 
 (d) internal improvements by the federal government; (e) restriction 
 or aboUtion of slavery; (f) severe measures in "reconstructing" the 
 seceding States; (g) resumption of specie payments; (h) gold mono- 
 metallism; (i) colonial expansion. 
 
 8. Who represents your State upon the national and congressional 
 committees of each party? 
 
 9. How many members compose the Democratic State committee in 
 your commonwealth? The State committee of the RepubUcan party? 
 How are the members of each committee chosen? 
 
 10. Who are the members of your local party committees in your county, 
 city, ward, and precinct? How are these chosen? 
 
 11. Describe the work and powers of each of these committees with refer- 
 ence to: (a) calls for party primaries and conventions; (b) filling va- 
 cancies on the party ticket; (c) raising and expending campaign funds; 
 (d) arranging political meetings; (e) canvassing voters, and "getting 
 out the vote" on election day. 
 
 12. What do you imderstand by the party machine? The party boss? 
 Name the chief party leaders in your community. 
 
454 GOVERNMENT AND POLITICS 
 
 13. Describe the work performed by the party machine. (Biyce, James, 
 The American Commonwealth, ii, pp. 90-96.) 
 
 14. Describe some of the abuses of party organization and methods. 
 
 15. What were the principal issues between the two parties at your last 
 State election? Who were the leading candidates of each party? Re- 
 sults of the election? 
 
 15. Give the same facts with regard to your last municipal election. 
 
 16. In the choice of local officers, which is of greater importance to the 
 voter — that a candidate belongs to a particular party, or that he 
 possess a high degree of honesty and abihty? Should party politics 
 have any part in local elections? 
 
 17. Are members of your board of education chosen on a party ticket, or 
 nominated by petition and chosen by ballots which contain no party 
 emblems or names? Give arguments in favor of the latter method. 
 
 18. Answer the same question with regard to candidates for the judiciary 
 in your State. 
 
 19. What are the arguments in favor of fewer elective offices and short 
 ballots? (Kaye, P. L., Rtadings, pp. 384.-391.) 
 
 20. In your State are candidates for office required to file a statement of 
 their election expenses? What is the object of such a provision? 
 
 21. Report upon the methods of suppressing political corruption. (Kaye, 
 P. L., Readings, pp. 513-525.) 
 
 22. Is there a corrupt practices act in your State? If so, give its chief 
 provisions. 
 
(By courtesy of Collier's Weekly) 
 
 THE COLISEUM, CHICAGO 
 
 The meeting-place of the Republican National 
 Convpntion, 1808. 
 
 A POLITICAL PARADE 
 An effective campaign method. 
 
CHAPTER XXXVII 
 
 NOMINATIONS AND ELECTIONS 
 
 541. Methods of Nomination. Throughout the United 
 States, candidates for office are commonly nominated either 
 by the party primary or by a nominating con- pjij^^^y 
 vention. While other methods of nomination are and 
 sometimes employed (such as nommation by 
 petition), the primary and the convention are the two great 
 agencies by which party nominations are made. 
 
 542. The Party Primary. The primary, or primary elec- 
 tion, is either a deliberative meeting or a virtual election 
 held by the political partisans of a small area, such „ „ 
 
 as a rural township, or a city ward or precinct. 
 Generally, the primary performs a twofold function: (1) that 
 of nominating candidates for local offices within its bound- 
 aries; and (2) of electing delegates to conventions which 
 nominate candidates from larger areas, such as the city, or 
 county, or congressional district. 
 
 Thus the primary is the foundation of the entire system 
 of nominating machinery, since it directly nominates cer- 
 tain local officers, and indirectly — through dele- jj^ ^^,^^g 
 gate conventions — nominates all others. Even 
 the great national conventions proceed from the local pri- 
 maries; for they are composed of members chosen by State 
 or congressional district conventions, the delegates to which 
 have been elected at local primaries. 
 
 Recognizing the importance of party primaries in our 
 system of popular rule, many States have passed ^^^^ 
 laws which in effect make the primary a part of le^^onot 
 the machinery of government. Such laws com- 
 
456 GOVERNMENT AND POLITICS 
 
 monly prescribe the qualifications of those who may parti- 
 cipate, the time and place of holding the primary, its organ- 
 ization and general management. The object of such legis- 
 lation is to secure to each party member his right to parti- 
 cipate in the primaries and to have his vote fairly counted. 
 In the absence of legal regulation, the primary is conducted 
 in accordance with party rules and customs. 
 
 543. Types of Primaries. In New England and several 
 States elsewhere, the primary (or caucus) is virtually a 
 Town-mset- town-meeting of the party voters. The call (is- 
 ''^*w sued by the local committee) requests the party 
 members to assemble at a certain time and place for the 
 purpose of nominating candidates for local ofiices, electing 
 delegates to conventions, selecting local committees, and 
 transacting other party business. This form of primary is 
 adapted only to comparatively small districts, such as towns, 
 wards, or thinly settled rural counties. 
 
 The second type of primary (which prevails generally 
 throughout the United States) is in fact an election, the 
 Primary only important difference between it and the regu- 
 eieouon ^ax election being that the primary is confined to 
 the voters of a single political party. The polls are open as 
 on election day, and the person receiving the highest num- 
 ber of votes for any particular ofiice is thereby nominated. 
 
 544. Local Nominating Conventions. A nominating 
 convention is a meeting of delegates who have been chosen 
 Oounty for the purpose of nominating candidates for cer- 
 conTenUens ^j^ offices, and transacting other party business, 
 such as the appointment of committees and the adoption 
 of a platform. Delegates to county conventions are ordin- 
 arily chosen at primaries held in the various townships 
 or wards. County conventions nominate the candidates 
 for the various county offices, as the county commissioner, 
 sheriff, treasurer, auditor, register of deeds, district attor- 
 ney, and (in many commonwealths) the judges of the county 
 courts. Frequently they also elect delegates to the State 
 
NOMINATIONS AND ISLECTIONS 457 
 
 convention, and choose the members of the county com- 
 mittee. 
 
 In municipal elections, party lines are often drawn al- 
 most as closely as in State or national elections, notwith- 
 standing the non-political character of most local Municipal 
 business. The municipal officers elected by popu- """"iiUom 
 lar vote generally include the mayor, members of the coun- 
 cil and school board, treasurer, city solicitor, and street 
 commissioner. These officials are commonly nominated 
 at municipal conventions composed of delegates chosen at 
 party primaries in the various wards or election precincts 
 of the city. ^ 
 
 545. Judicial and District Conventions. For the election 
 
 of judges of the county courts, the State is generally Jidiolal 
 divided into districts which include several counties; nomlnaUons 
 and candidates for these judgeships are ordinarily nominated in 
 judicial conventions within each district. 
 
 For the choice of members of the legislature, many States are 
 divided into senatorial and also into smaller representative or 
 assembly districts; and legislative candidates are nom- 
 inated by conventions composed of delegates chosen at n'SJuuJng 
 primaries in the townships or wards within the dis- 
 trict. In other commonwealths, the county is taken as the basis 
 of apportionment in one or both houses — each county being en- 
 titled to a certain number of senators or representatives; and in 
 these States candidates for the legislature are generally nominated 
 by the county convention. 
 
 546. State Nominating Conventions. The State con- 
 vention ordinarily consists of several hundred delegates 
 chosen by party voters either directly at' the oiiicen 
 primaries, or indirectly through county or district tyStatV 
 conventions. The State convention nominates oonvmtions 
 the officers elected by the people of the State at large, in- 
 cluding the governor, lieutenant-governor, secretary of State, 
 treasurer, and in most commonwealths, an auditor, attor- 
 
 1 But in many cities the candidates for municipal office are chosen directly at the prim- 
 aries, each party voter casting his ballot for the candidates of his choice, those receiving 
 a plurality becoming the party nominees. Nomination by petition is also permitted in many 
 cities, especially for members of the board of education. 
 
458 GOVERNMENT AND POLITICS 
 
 ney-general, superintendent of public instruction. State 
 
 engineer, surveyor, and judges of the supreme court. 
 
 The call for a State convention is issued by the State 
 
 central committee of the party, and a copy is sent to the 
 
 chairman of each local committee. The call sets 
 The call 
 
 forth the time and place of the convention, and the 
 
 number of delegates to which each city, township, or county 
 is entitled. Generally, representation of the different coun- 
 ties or mimicipalities is based (at least in part) upon the 
 vote cast for the party candidates at the last State or na- 
 tional election; and thus the localities which cast a large 
 party vote are rewarded by increased representation and 
 influence in the State convention. 
 
 On the appointed day, the convention is called to order 
 by the chairman of the State committee, who requests the 
 Oiean- secretary of that committee to read the call. Pro- 
 
 izaUon ceedings are then formally opened with prayer, 
 
 after which motions are usually carried for the appoint- 
 ment by the chair of a committee on credentials, a com- 
 mittee on permanent organization, and a committee on 
 resolutions. In some cases a temporary chairman and sec- 
 retary are chosen, but frequently the chairman and secre- 
 tary of the State committee serve as temporary officers 
 until the report of the committee on permanent organiza- 
 tion. The permanent officers of the convention include a 
 president, secretary, assistant secretaries, sergeant-at-arms, 
 and numerous vice-presidents. The president of the con- 
 vention is generally a prominent party leader, and upon 
 taking the chair he delivers a "keynote" speech upon the 
 issues of the campaign. 
 
 Then follows the report of the committee on credentials, 
 containing a statement of the number of delegates present, 
 Oredentiaia and rendering a decision concerning contested 
 aad platform ^^^^^ The platform is next read by the chairman 
 of the committee on resolutions, and is ordinarily accepted 
 without amendment. 
 
NOMINATIONS AND ELECTIONS 4.59 
 
 The convention then takes up its most important work — 
 the nomination of candidates. The chair appoints a com- 
 mittee of tellers to take charge of the balloting, ]fgmta,tii. 
 whereupon nominations for the office of governor •""*■*•» 
 are declared in order. ^ After the nominating speeches have 
 been made, the balloting commences. When a candidate 
 receives the number required for a choice, generally a ma- 
 jority of all votes cast, it is customary for one of the sup- 
 porters of a defeated rival to move that his nomination be 
 made unanimous. This motion commonly prevails, and 
 the convention then proceeds with the nomination of candi- 
 dates for other State offices. During the intervals between 
 the ballots, short speeches are often made by prominent 
 party leaders in response to an invitation from the chairman. 
 Toward the close of the proceedings, all the nominees are 
 sometimes escorted to the platform by a committee ap- 
 pointed for that purpose; and upon presentation by the 
 chairman, each candidate in turn responds in a short speech. 
 
 State conventions ordinarily select the members of the 
 State committee to serve until the next conven- other 
 tion, and in presidential years nominate the four '""i"" 
 delegates at large to the national convention. 
 
 547. Presidential Nominating Systems. Three methods 
 of nominating candidates for the Presidency have prevailed 
 in the United States: (1) by congressional caucus, or 
 meeting of the party members of the two houses of Congress 
 (1800-1824); (2) by State legislatures, acting either in an 
 official capacity or as a legislative caucus (1824-1882) ; (3) by 
 national nominating conventions, composed of delegates 
 chosen for the special purpose of nominating presidential 
 candidates (1832 to the present time). 
 
 548. The Call of National Conventions. Each political 
 
 * The entire proceedings of tbe convention up to this point, including the choice «f per- 
 manent officers and of members of the several committees, are commonly prearranged by 
 the State committee. The advantage of this prearrangement is that it materially shortens 
 the time necessary for the preliminary work of tbe convention; its great disadvantage is 
 that State committees sometimes abuse their power, and control not only the routine work 
 of the convention, but the nominations as welL 
 
460 GOVERNMENT AND POLITICS 
 
 party holds its national nominating convention in the 
 RsprMenta- summer of the year in which the presidential elec- 
 •*•" tion occurs. The call is issued by the national 
 
 party committee, which body determines the time and place 
 for the convention. The call specifies the number of dele- 
 gates to which each State is entitled, and how they shall be 
 elected. The Democratic party allows each State twice as 
 many delegates as it has electoral votes, each territory being 
 also represented. By a recent rule of the Republican party, 
 each State is to be represented in the national convention 
 by four delegates-at-large, one delegate for each congres- 
 sional district, and an additional delegate for each congres- 
 sional district which in 1914 cast not less than 7500 votes 
 for the Republican candidate for Congress. 
 
 549. The Delegates. A copy of the official call is sent to 
 each State party committee, whereupon that committee 
 
 calls a State convention for the purpose of nomin- 
 Stlectlon , 
 
 ating the four delegates at large from each State. 
 
 The State committee also notifies the local committees in 
 the different congressional districts throughout the com- 
 monwealth, and these call congressional district conven- 
 tions to choose the two delegates to which each district is 
 entitled. ^ Delegates to both district and State conventions 
 are chosen at local party primaries. 
 
 Long before the meeting of the convention, the names 
 of various prominent men are suggested for the Presidency. 
 Instruction Friends of the leading candidates organize in each 
 oiAaitcatta commonwealth, and endeavor to influence State 
 and district conventions to instruct delegates in favor of 
 the candidate of their choice. Estimates are given out 
 from time to time of the comparative strength of the several 
 candidates, and the contest for delegates continues until 
 all have been chosen. As a rule it is impossible to foretell 
 with certainty who will be the actual nominee of the con- 
 vention, since many State delegations are unpledged, 
 while others are instructed in favor of local candidates who 
 
 ' This is the usual, but not the invariable method. In New York and several other com- 
 monwealths, the Democratic State convention chooses the entire State delegation. 
 
NOMINATIONS AND ELECTIONS 461 
 
 are unlikely to receive general support. After all the dele- 
 gates have been chosen, the convention city itself becomes 
 the seat of war. The supporters of the leading candidates 
 are early in the field, opening their headquarters in the 
 prominent hotels; and they endeavor by all possible polit- 
 ical devices to win the support of the delegates. 
 
 550. Procedure in National Conventions. It has become 
 customary to hold the national conventions of the two great 
 parties in immense auditoriums so as to accommodate 
 ten or fifteen thousand spectators, in addition to nearly 
 two thousand delegates and alternates. Local preparations are 
 in charge of a committee of citizens of the convention city. 
 
 Toward noon on the day appointed in the official call, the con- 
 vention is called to order by the chairman of the national com- 
 mittee. The proceedings are opened with prayer. The 
 call is then read, after which the national committee organlziitton 
 reports a list of the temporary officers of the convention, 
 consisting of a temporary chairman, secretary, clerks, sergeants-at- 
 arms, and stenographers. This list is generally accepted by the 
 convention without contest, whereupon the chairman of the na- 
 tional committee yields his place to the temporary chairman, who 
 usually addresses the convention in a formal speech on the poUt- 
 ical situation. 
 
 A resolution is next adopted that the convention be governed 
 by the rules of the preceding convention until otherwise ordered. 
 Motions are made and carried for the appointment of Appoint- 
 a committee on credentials, one on permanent organ- mmt ol 
 ization, one on rules, and a committee on resolutions, '""'"'"*'•*■ 
 each consisting of one member from each State and territory. 
 Resolutions concerning contested seats are now presented to the 
 convention, and referred without debate to the committee on 
 credentials. The appointment of these committees ends the 
 important business of the first session. 
 
 When the convention assembles for the second session, the first 
 business in regular order is the report of the committee 
 on credentials. In deciding cases of contested seats, the oiejjutj'^ 
 committee on credentials gives each side an opportun- 
 ity to present its claims, and then decides between them — gener- 
 ally in favor of the regular delegates (that is, those indorsed by 
 the State and district committees). In case of two full contesting 
 delegations from the same State, seats are sometimes given to both 
 sets, each delegate being entitled to one half a vote. After the 
 
462 GOVERNMENT AND POLITICS 
 
 credentials committee has arrived at a decision concerning con- 
 tested seats, its report, including a list (arranged by States) of all 
 delegates entitled to seats, is generally accepted by the conven- 
 tion with little debate. 1 
 
 The next business in order is the report of the committee on 
 permanent organization, which consists of a list of the permanent 
 officers of the convention, previously arranged to some 
 Pei^nent g^tent by the national committee. This report is ordin- 
 arily adopted as a matter of course, and a committee 
 is appointed to escort the permanent chairman to the platform. 
 On taking the chair, the permanent chairman delivers a "keynote" 
 speech on the issues of the approaching campaign. 
 
 The committee on rules then reports the order of business for 
 the convention to follow, and its rules of procedure. Two rules 
 of great importance are peculiar to Democratic conven- 
 tions. The first of these is the rule requiring for the 
 nomination of candidates two thirds of the whole number of votes 
 in the convention. The second is the so-called unit rule, under 
 which a majority of each State delegation is allowed to cast the 
 entire vote to which the State is entitled, even against the protest 
 of a minority of the delegation.^ 
 
 While awaiting the report of the committee on resolutions, the 
 gilgf,!. convention disposes of miscellaneous business, such as 
 
 laneoni the election of national committees, and of the commit- 
 
 Imsiness ^.^gg ^^ notification. These committees ordinarily con- 
 sist of one delegate from each State and territory, the members 
 being designated by the respective delegations. 
 
 About the third day, the committee on resolutions is ready to 
 
 report the platform. This is a formal statement of the party's 
 
 attitude upon the public questions of the day, and next 
 
 to the nomination of candidates, is the most important 
 
 part of the convention's work. The platform is usually adopted 
 
 as read, although it sometimes occasions an exciting contest.' 
 
 551. The Nomination of Candidates. Nominating pro- 
 
 ^ Id some instances the committee's report is the occasion of vigorous discussion and an 
 excitinj contest, as at the Republican convention of 1880, whose debate upon contested 
 seats occupies one hundred pages in the published proceedings. 
 
 2 The unit rule was abandoned by the Republican party in 1880. 
 
 ^ "Great art is employed in framing platforms so as to be susceptible to various inter- 
 pretations. Concerning issues which are settled, party speaks in a clear, sonorous voice. 
 But on new issues it mumbles and quibbles. ... If the issue cannot be dodged, straddling 
 may be resorted to. Declarations really incongruous in their nature are coupled, and their 
 inoonsistency is cloaked by rhetorical artifice. Sometimes such expedients are employed 
 as making the platform lean one way and putting on it a candidate who leans the other way, 
 or candidates representing opposing ideas and tendencies are put upon the same ticket." — 
 Ford^ H. J., The Rise and Growth oj American Potitica, pp. 330-33L 
 
NOMINATIONS AND ELECTIONS 463 
 
 ceedings are next in order, and these begin with the roll-call of 
 States (arranged alphabetically) for the presentation 
 of candidates for the presidential nomination. Eight no^^i^oM 
 or ten candidates are often nominated, since a State 
 delegation frequently thus compliments some favorite son who 
 has very little chance of securing general support. The delegation 
 froni any State when called in its turn may pass its right of nom- 
 ination to any other delegation not yet called. Delegations which 
 have no candidate of their own often second one of the nomina- 
 tions already made. The presentation of names affords the oppor- 
 tunity for long-continued applause, which supposedly indicates 
 the popularity of the respective candidates. 
 
 After the roll-call for nominations is completed, the convention 
 proceeds to the first ballot. As the name of each State is called 
 by the convention secretary, the chairman of the dele- 
 gation arises and announces the vote of his State, i Oc- " 
 casionally a candidate is nominated by acclamation, but often 
 many ballots are necessary to decide the contest. If none of the 
 chief candidates is successful on the first few ballots, it sometimes 
 happens that a "dark horse" (a comparatively obscure man) 
 finally receives the nomination. ^ As soon as any candidate receives 
 the number of votes necessary for a choice, it is customary for 
 the supporters of the next highest candidate to move that the 
 nomination be made unanimous, this motion being adopted amid 
 wild enthusiasm. 
 
 After the pandemonium has subsided — sometimes after a re- 
 cess, the convention proceeds in the same manner to nominate 
 a candidate for the Vice-Presidency. This nomination iTomlnattng 
 seldom receives the careful consideration it deserves, avioe- 
 and it is often given to a man in the hope that he may ^"'"'*''* 
 be able to carry a doubtful State, or in order to placate a faction 
 in the party which has been opposed to the presidential nominee. 
 
 As soon as the candidates for President and Vice-President 
 have been named, a motion is carried authorizing the national 
 committee to fix the time and place of the next presi- 
 dential convention. Provision is made for printing the prooosUnes 
 proceedings, and resolutions of thanks are voted to the 
 citizens of the city and to the various convention officers. The 
 convention then adjourns sine die, and the campaign begins.' 
 
 1 In Republican conventions, if a member of any delegation questions the vote as re- 
 ported by the chairman, the roll of that delegation is called by the convention secretary. 
 
 ^ Notable instaaces are the nominations of Folk, Taylor, Pierce, Hayes, Garfield, and 
 Benjamin Harrison. 
 
 ^ After the convention has adjourned, the committee on notification visits the nominee 
 
464 GOVERNMENT AND POLITICS 
 
 552. Presidential Electors. Candidates for the two elect- 
 ors at large to which each State is entitled are nominated at the 
 
 convention held for the nomination of State oflBcers; or 
 ilt^uUon ^ there are no State oflBcers to be nominated, by a State 
 
 convention called expressly for this purpose. Gener- 
 ally the candidate for elector in each congressional district is 
 nominated at the congressional district convention; but in some 
 commonwealths a complete electoral ticket for the entire State 
 is nominated by the State convention. Distinguished members 
 of the party who have never held national office are frequently 
 nominated for the office of elector. As already pointed out, the 
 presidential electors exercise no discretion in casting their votes, 
 but simply register the choice of the national nominating con- 
 vention. 
 
 553. Direct Primary System. The conventioD method of 
 nominating candidates is now used in only one third of the 
 Elimination States. Elsewhere it has been superseded by the 
 oJoonven- "direct primary" system. This plan abolishes 
 
 the convention entirely by providing that voters 
 at party primaries shall cast their ballots directly for their 
 party's candidates — ■ those iadividuals being nominated 
 who receive a plurality of all votes cast. The great merit of 
 this plan is that it eliminates the abuses of the convention 
 system, especially machine control, and makes the party 
 really responsible to its members.' 
 
 At first used only for local oflBces, direct primaries have 
 grown in favor until now, in addition to local candidates, 
 Frevaienos State officers and federal Senators are often nomi- 
 oi sy3tim nated in this manner. Complete state-wide systems 
 of direct nominations now prevail in thirty-eight States. 
 
 Eighteen States have also adopted presidential-preference 
 
 at bis home, and the chairman in a brief speech notifies him of the nomination. The candi- 
 date replies informally, accepting the honor; and later sends out a carefully written letter 
 of acceptance, which is published and widely circulated as a campaign document. 
 
 1 "The demand for the primary election has come from the feeling that the delegate 
 convention baa become corrupt: that the convention is manipulated by rings of professional 
 politicians and office-holders; that 'deals' are made and delegates are bought and sold; 
 that a mere handful of men determine the action of the convention, and that the rank and 
 file of the party, who cannot make politics their business and who will not indulge in dis- 
 honorable practices, cannot make their influence felt." — Woodburn, J. A., Political Far- 
 iies aTid Party Problema, p. 283. 
 
NOMINATIONS AND ELECTIONS 465 
 
 primary laws. These provide that delegates to the national 
 party conventions shall be selected directly by the voters; 
 and in some cases the voters are also permitted to express 
 their preference directly for one of the candidates for the 
 presidential nomination. 
 
 SS4- Nomination by Petition, Another method which 
 likewise does away with the convention is that of nomina- 
 tion by petition, or by nomination papers. This ohtracter- 
 plan is employed in Great Britain, and is a char- '■'*''" 
 acteristic feature of the original form of the Australian 
 system. In this country it has been used especially for the 
 nomination of members of boards of education, and other 
 non-partisan candidates. Under this plan, a candidate 
 may be nominated by filing with the election officers a 
 petition, signed by the requisite number of voters, who are 
 usually required to pledge that they will support the can- 
 didate named in the petition. The great merit of nomina- 
 tion by petition is that it protects the independent voter 
 who cannot participate in party nominations. Moreover, 
 this method makes it possible to oppose objectionable 
 nominees by placing before the voters deserving candidates 
 independently nominated. 
 
 555. Elections. National elections are held on the first 
 Tuesday after the first Monday in November. The presi- 
 dential election occurs every four years counting jj^^^^^ 
 from 1900, while elections for Representatives are 
 held biennially in even-numbered years. Shortly after the 
 Civil War, acts were passed providing for a large degree of 
 federal control of national elections; but this legislation 
 has since been repealed, so that at the present time the 
 several commonwealths have entire charge of national, as 
 well as of State and local elections. 
 
 In most commonwealths, the governor and other State 
 officers are chosen on the first Tuesday after the ^^^ 
 first Monday in November of the even-numbered 
 years, the State election thus being held on the same day 
 
4,66 GOVERNMENT AND POLITICS 
 
 as the national election. ^ Economy of time, effort, and money 
 is secured by having the election of State and federal 
 officers on a single day; but the drawback to this plan is 
 that State issues are likely to be subordinated to national 
 questions. 
 
 In several commonwealths an effort has been made to 
 separate local from State and national elections by hold- 
 ing the local elections at a special time, usually in 
 the spring, or else biennially in the odd-numbered 
 years. The object of this separation is to have local ques- 
 tions decided upon their merits apart from other issues. 
 
 556. Qualifications for Voting. Under our form of gov- 
 ernment, the regulation of the voting privilege is left en- 
 ReeniaUon tirely to the States, so long as they do not restrict 
 br stats ^.j^g right to vote on account of race, color, or pre- 
 vious condition of servitude.^ In most commonwealths 
 there are few restrictions upon the suffrage, the general rule 
 being that all male citizens may vote if they have attained 
 the age of twenty-one, and have resided in the State for 
 a period varying from six months to two years — one year 
 being the common requirement. In eleven commonwealths, 
 even aliens are permitted to vote, providing they have 
 declared their intention of becoming citizens.^ 
 
 Criminals, the insane, paupers in institutions, and In- 
 dians not taxed are excluded from the suffrage in practi- 
 Gisisses cally all of the States. In addition to these ob- 
 oxoiudea viously necessary disqualifications, about twenty 
 commonwealths have placed further restrictions upon the 
 suffrage. Thirteen States,* nearly all in the South or in New 
 England, prescribe some form of educational test, either 
 ability to read, or to read and write the English language. 
 
 1 state elections are held on a different day from national elections in seven States, 
 namely; Arkauuas, Georgia, Louisiana, Maine, Oregon, South Carolina, and Vermont. 
 
 2 ConstitutiiTnt fifteenth amendment. Congress has of course power to regulate the suf- 
 frage in the territories and in the District of Columbia. 
 
 3 Alabama, Arkansas, Indiana, Kansas, Michigan, Missouri, Nebraska, Oregon, South 
 Dakota, Texas, and Wisconsin. 
 
 * Alabama, California, Connecticut, Delaware, Louisiana, Maine, Massachusetts, Mis- 
 sissippi, New Hampshire, North Carolina, South Carolina, Washington, and Wyoming. 
 
NOMINATIONS AND ELECTIONS 467 
 
 Several commonwealths, including Arkansas, South Caro- 
 lina, Tennessee, and Virginia, require payment of a poll- 
 tax as a prerequisite to voting. In several Western States 
 the suffrage is withheld from the Chinese or persons of the 
 Mongolian race; ^ and in Idaho and Utah, from polygam- 
 ists. As a general rule persons entitled to vote may also 
 hold office, provided they are of a certain prescribed age, 
 and have Kved in the State the requisite period. 
 
 557. Woman's Suffrage. Eleven Western States,^ also 
 the territory of Alaska, permit women to vote at all elec- 
 tions on equal terms with men; while in Illinois their right 
 to vote is only slightly restricted. Twenty-one other States ' 
 grant partial suffrage to women, generally permitting them 
 to vote at school elections. In Iowa, women may vote upon 
 the issue of municipal bonds; in New York, at town or vil- 
 lage elections creating a tax or liability. The present ten- 
 dency in the United States, and generally throughout the 
 world, appears to be to allow women to vote on equal terms 
 with men. 
 
 558. Election Districts and Registration. Two prelim- 
 inaries are necessary before elections are held — districting 
 and registration. Districting means dividing the 
 
 civil divisions (counties and townships) 01 the 
 
 State into small election districts or precincts containing 
 
 as nearly as possible an equal number of voters. 
 
 Each of these small subdivisions has a polling-place 
 where voters are commonly required to register their names 
 before the election, and where the ballots are cast gg^traUon 
 on election day. The object of a preliminary regis- 
 tration is to identify individuals in communities where the 
 residents are not personally known to one another; and to 
 
 1 CoDgresa has also passed laws expressly excludiog the Chinese from citizenship. 
 
 2 These are: Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, Oregon, 
 Utah, Washington, and Wyoming. 
 
 3 Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Massachmetts, Michigan, 
 Minnesota, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, New York, 
 North Dakota, Ohio, Oklahoma, South Dakota, Vermont, and Wisconsin. 
 
468 GOVERNMENT AND POLITICS 
 
 settle beforehand, if possible, any question as to a man's 
 right to vote. Frequent registration is seldom required in 
 rural districts where the voters are well acquainted with 
 each other, while in the cities annual personal registration 
 is generally necessary to prevent fraud. A voter registers by 
 giving his name, place of residence, age, length of residence 
 in the State, county, and election district, information con- 
 cerning his nativity, and other material facts serving 
 to estabhsh his identity. Registration is often in charge 
 of a board on which both great parties are equally repre- 
 sented. 
 
 559. The Conduct of Elections. In addition to the reg- 
 istration of voters, a large amount of other prehminary 
 PreUminary work must be performed prior to election day. 
 ^"^ Nominations must be duly certified to the officers 
 
 charged with the duty of printing the official ballots; poll- 
 ing-places must be designated and provided with ballots; 
 and election officers appointed. 
 
 In the cities, general administration of the election laws 
 is often in charge of an election board on which the two 
 Hoiflinjtiie great parties are equally represented; elsewhere 
 elections these duties are entrusted to an election commis- 
 sioner, or to the county or township clerk. Each polling- 
 place is in charge of a certain number of inspectors or 
 judges, aided by clerks, whose duty it is to open and close 
 the polls, to permit only registered persons to vote, to re- 
 ceive and deposit the ballots, to count the votes, and to 
 certify the returns to the proper officials (the board of 
 elections or a similar authority). Each party is permitted 
 to have "watchers" at every polling-place, who witness 
 the casting and counting of the ballots, and challenge any 
 person whom they believe not qualified to vote. 
 
 Every precaution is taken to secure a free and honest 
 Eieotion expression of the wiU of the voters. In many 
 saiepuids States, electioneering is forbidden within a cer- 
 tain distance (often one hundred feet) of the polling-places; 
 
STATE ELECTION 
 
 1910 
 
 Tuesday, November 8 
 
 OFFICIAL BALLOT 
 
 CHATHAM 
 
 Secretary of the Commonwealth. 
 
 The Official Ballot for the State election in Massachusetts is printed on paper 
 measuring, usually, about 14 by 10 inches. This is folded the long way, and has 
 the date of the election, the name of the city or town, etc. (as above) printed on 
 the first outside page. On the inside pages are arranged in columns the names 
 and residences of the various candidates, with their party designations. For a 
 facsimile of a portion of such a ballot, refer to the next page ; in addition to the 
 candidates shown, this particular ballot contained others for the following State 
 offices: auditor, attorney-general, councilor, senator, representative; and for 
 coimty commissioner, and county treasurer. 
 
To vote for a Person, mark a Cross X in the Square at XX 
 the right of the Party Name, or Political Designation. xV 
 
 GOVERNOR 
 
 Mark ONE. 
 
 of 
 
 Eepublican 
 
 
 
 of 
 
 Prohibition 
 
 
 
 ■ of 
 
 Hnnialiat. T.nlinr 
 
 
 
 nf 
 
 Democratic 
 
 
 
 nf 
 
 Socialist 
 
 
 
 
 
 UEUTENAWT GOVERNOR.. 
 
 Mark ONE. 
 
 nf 
 
 Democratic 
 
 
 
 nf 
 
 Eepublican 
 
 
 
 nf 
 
 Socialist 
 
 
 
 nf 
 
 Prohibition 
 
 
 
 of 
 
 Rnninli.ijt. T.nVinr 
 
 
 
 
 
 SECRETARY 
 
 Mark ONE. | 
 
 nf 
 
 Democratic 
 
 
 
 nf 
 
 Socialist | | 
 
 
 of 
 
 Socialist Labor 
 
 
 nf 
 
 Prohibition 
 
 
 
 nf 
 
 Eepublican 
 
 
 
 ! 
 
 TREASURER 
 
 Mark ONE. } 
 
 of 
 
 Democratic 
 
 
 
 nf 
 
 Socialist 
 
 
 
 of 
 
 Hf\mQlict+ T n"U/\« 
 
 
 
 nf 
 
 Prohibition 
 
 
 
 nf 
 
 Eepublican 
 
 
 
 
 
NOMINATIONS AND ELECTIONS 471 
 
 watchers and challengers are permitted each party during 
 the casting and counting of ballots; election oflBcers are 
 sworn not to attempt to influence any voter in casting 
 his ballot; precautions are taken against "repeating," 
 and against "stuffing" the ballot-box; identification of his 
 ballot by any voter is prohibited; i candidates for office are 
 sometimes required to file sworn statements of the amount 
 expended by them or in their behalf for election purposes; 
 and severe penalties are provided against bribery or intim- 
 idation of voters. 
 
 560. Casting and counting the Ballots, Throughout the 
 Union, voting is by ballot, the polls being open during day- 
 light, commonly from six a. m. to six p. m. All the Australian 
 States except two have adopted the Austrahan bal- ^y^*™ 
 lot in modified form.^ This system provides for the exclus- 
 ive use of an official ballot upon which the names of all 
 candidates are printed (generally in parallel columns under- 
 neath the party names and emblems).' The voter receives 
 one of these ballots from the election officials, and prepares 
 it while alone in a little booth. He may vote a straight 
 ticket by placing a cross-mark in the circle at the head 
 of the party column, or a split or mixed ticket by placing 
 a cross-mark opposite the name of each candidate for 
 whom he wishes to vote. He then folds his ballot, and hands 
 it to an election officer, who, in the presence of the other 
 officers and of the voter, deposits it in the ballot-box. 
 
 As soon as the polls close, the ballots are counted, and 
 the results certified to the proper county or city Election 
 officers, who canvass the returns for the entire "*""" 
 coimty or city, and issue certificates of election to the sue- 
 
 1 In order to prevent him from selling his vote, and then distinguishing Ma ballot by 
 tearing or markiDg it in such a way that the purchaaers may know that he has kept his 
 agreement. 
 
 2 In ten commonwealtha voting machines are used to a limited extent. 
 
 ' Another form known a3 the "Massachusetts" ballot is used in fourteen States. This 
 omita the party emblem entirely, the names of the candidates being arranged in alphabet- 
 ical order under the title of each office, followed by the name of the party: and the voter 
 must have sufficient intelligence to read the ballot and select the candidates for whom he 
 wishes to vote. Other States have a different plan, and print a separate ballot for each 
 party or group of voters that has nominated candidates. 
 
472 GOVERNMENT AND POLITICS 
 
 cessful candidates. When State ofiBcers, presidential elect- 
 ors, or congressmen are voted for, the county authorities 
 certify the result in their respective counties to State 
 officers, who canvass the returns and issue the election 
 certificates. 
 
 In most commonwealths a pluraKty only is necessary to 
 an election; that is, a number of votes in excess of those 
 Choice iiy received by any other candidate. A few New Eng- 
 pinraiity la,jii States require a majority of all votes cast, 
 and where there are more than two candidates, this some- 
 times necessitates a second election. For the adoption of 
 constitutional amendments a majority of all votes cast at 
 the election is generally required. 
 
 GENERAL REFERENCES 
 
 Ashley, R. L., The American Federal State (1903), ch. xxn. 
 
 Beard, C. A., American Government and Politics (1910), chs. vn, xxx. 
 
 Readings in American Government and Politics (1910), ch. vii. 
 
 Bishop, J. B., Our Political Drama: Conventions, Campaigns, Candidates 
 
 (1904). 
 Bryce, James, The American Comm/mwealth (1907), ii, chs. Lxvi, lxix- 
 
 Lxxni. 
 Cleveland, F. A., The Grovjth of Democracy (1898), ch. xn. 
 Dallinger, F. W., Nominations for Elective Office (1897). 
 Ford, H. J., The Rise and Growth of American Politics (1898), ch. xvi. 
 Foster, R., Commentaries on the Constitution of the United States (1895), 
 
 pars. 50-59. 
 Fuller, Robert H., Government hy the People (1908). 
 Giddings, F. H., Democracy and Empire (1900), ch. xv. 
 Goodnow, F. J., City Government in the United States (1904), ch. vi. 
 Hart, A. B., Actual Government (1903), ch. iv. 
 Merriam, C. E., Primary Elections (1908). 
 Meyer, E. C, Nominating Systems: Direct Primaries vs. Conventions in the 
 
 United States (1902). 
 Reinsch, P. S., Readings on the American Federal Government (1909), ch. 
 
 XVI. 
 
 Schouler, James, Constitutional Studies (1904), pp. 231-249. 
 Stanwood, Edward, A History of the Presidency (1898). 
 Woodbum, J. A., Political Parties and Party Problems in the United States 
 (1909), chs. X, XII, XX. 
 
NOMINATIONS AND ELECTIONS 473 
 
 QUESTIONS AND EXERCISES 
 
 1. Distinguish between an inliabitant, a citizen, and a voter. 
 
 2. Are all citizens voters? In your State must a voter be a citizen? 
 
 S. What are the qualifications for voters in your State? Are these deter- 
 mined by your State constitution or by statute? What classes of in- 
 dividuals are expressly disqualified, and why? 
 
 i. What provisions of the federal constitution control the right of your 
 State to determine the qualifications for voters? 
 
 5. Examine the report of the last census and ascertain the total number 
 of citizens and the number of voters in your city or county. How many 
 votes are usually cast in your city and county elections? 
 
 6. In the last State election how many votes were cast in your county 
 for governor? What number of voters failed to exercise the right of 
 suffrage? Should there be a property quahfication for voters? An 
 educational qualification? 
 
 7. Give the chief arguments for and against woman's suffrage. 
 
 8. On an outline map of your State, mark with different colors the several 
 election districts in which you live: the precinct, ward, county. State 
 representative and senatorial districts, and the congressional district. 
 
 9. Is registration required in your State? In all communities, or in cities 
 of a certain size? What are the advantages of registration? 
 
 10. Is the system of registration annual as in New York, or permanent 
 as in Massachusetts? Describe the process of registration in your 
 community. 
 
 11. How is yoiu- local board of registration chosen? Of how many members 
 composed? 
 
 12. Give the time of holding local. State, and national elections in your 
 commonwealth. What are the reasons for holding these at the same 
 or different times? 
 
 13. State the advantages and disadvantages of frequent elections. 
 
 14. Which form of the Austrahan ballot is used in your State? 
 
 15. Where is the polling-place in your precinct? How many votes were 
 cast there at the last election? During what hours were the polls open? 
 
 16. What body canvasses the vote in your city or county? 
 
 17. In your State what candidates are nominated by conventions? By di- 
 rect primaries? By petition? What are the advantages of each method? 
 
 18. What are the functions of the local party primary in your community? 
 What are the tests of party allegiance? 
 
 19. Why is it important that party primaries be regulated by law? 
 
 20. Describe the last State convention held by one of the political parties 
 in your State, and compare its procedure with that described in Sec- 
 tion 546. 
 
 31. Prepare a report upon the national convention of each of the great 
 political parties. (Reinsch, P. S., Readings, pp. 826-846.) 
 
 22. Suggested readings on political rights and duties: Kaye, P. L., Read- 
 ings, pp. 111-128. 
 
APPENDIX A 
 THE CONSTITUTION OF THE UNITED STATES 
 
 Preamble 
 
 We, the people of the United States, in order to form a more per- 
 fect union, estabhsh justice, insure domestic tranquillity, provide 
 for the common defense, promote the general welfare, and secure 
 the blessings of liberty to ourselves and our posterity, do ordain 
 and establish this constitution for the United States of America. 
 
 Aeticlb I. Legislative Depaktment 
 
 Section I. Congress in General 
 
 All legislative powers herein granted shall be vested in a Con- 
 gress of the United States, which shall consist of a Senate and 
 House of Representatives. 
 
 Section II. House of Representatives 
 
 1. The House of Representatives shall be composed of members 
 chosen every second year by the people of the several States, and 
 the electors in each State shall have the qualifications requisite for 
 electors of the most numerous branch of the State legislature. 
 
 2. No person shall be a Representative who shall not have at- 
 tained to the age of twenty-five years, and been seven years a citi- 
 zen of the United States, and who shall not, when elected, be an 
 inhabitant of that State in which he shall be chosen. 
 
 3. Representatives and direct taxes shall be apportioned among 
 the several States which may be included within this Union, ac- 
 cording to their respective numbers, which shall be determined by 
 adding to the whole number of free persons, including those bound 
 to service for a term of years, and excluding Indians not taxed, 
 three fifths of all other persons. The actual enumeration shall be 
 made within three years after the first meeting of the Congress of 
 the United States, and within every subsequent term of ten years, 
 in such manner as they shall by law direct. The number of Repre- 
 sentatives shall not exceed one for every thirty thousand, but each 
 State shall have at least one Representative; and until such enume- 
 ration shall be made, the State of New Hampshire shall be entitled 
 
ii APPENDIX 
 
 to choose three, Massachusetts eight, Rhode Island and Providence 
 Plantations one, Connecticut five. New York six, New Jersey four, 
 Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 
 A''o?-i/8 Carolina five, Soai/i Carolina five, and Georgia three. 
 
 4. When vacancies happen in the representation from any State, 
 the executive authority thereof shall issue writs of election to fill 
 such vacancies. 
 
 5. The House of Eepresentatives shall choose their Speaker and 
 other officers, and shall have the sole power of impeachment. 
 
 Section III. Senate 
 
 1. The Senate of the United States shall be composed of two 
 Senators from each State, chosen by the legislature thereof, for six 
 years; and each Senator shall have one vote. 
 
 2. Immediately after they shall be assembled in consequence of 
 the first election, they shall be divided as equally as may be into 
 three classes. The seats of the Senators of the first class shall be 
 vacated at the expiration of the second year; of the second class, 
 at the expiration of the fourth year, and of the third class, at the 
 expiration of the sixth year, so that one third may be chosen every 
 second year; and if vacancies happen by resignation or otherwise 
 during the recess of the legislature of any State, the executive 
 thereof may make temporary appointments until the next meeting 
 of the legislature, which shall then fill such vacancies. 
 
 3. No person shall be a Senator who shall not have attained to 
 the age of thirty years, and been nine years a citizen of the United 
 States, and who shall not, when elected, be an inhabitant of that 
 State for which he shall be chosen. 
 
 4. The Vice-President of the United States shall be President of 
 the Senate, but shall have no vote, unless they be equally divided. 
 
 5. The Senate shall choose their other officers, and also a Presi- 
 dent pro tempore in the absence of the Vice-President, or when he 
 shall exercise the office of President of the United States. 
 
 6. The Senate shall have the sole power to try all impeachments. 
 When sitting for that purpose, they shall be on oath or affirmation. 
 When the President of the United States is tried, the Chief Justice 
 shall preside : and no person shall be convicted without the concur- 
 rence of two thirds of the members present. 
 
 7. Judgment in cases of impeachment shall not extend further 
 than to removal from office, and disqualification to hold and enjoy 
 any office of honor, trust, or profit under the United States; but 
 the party convicted shall, nevertheless, be liable and subject to in- 
 dictment, trial, judgment, and punishment, according to law. 
 
 Section IV. Both Houses 
 1. The times, places, and manner of holding elections for Sena- 
 
APPENDIX iu 
 
 tor^ and Representatives shall be prescribed in each State by the 
 legislature thereof; but the Congress may at any time by law make 
 or alter such regulations, except as to the places of choosing Sen- 
 ators. 
 
 2. The Congress shall assemble at least once in every year, and 
 such meeting shall be on the first Monday in December, unless they 
 shall by law appoint a diflferent day. 
 
 Section V. The Houses Separately 
 
 1. Each house shall be the judge of the elections, returns, and 
 qualifications of its own members, and a majority of each shall con- 
 stitute a quorum to do business; but a smaller number may adjourn 
 from day to day, and may be authorized to compel the attendance 
 of absent members, in such manner, and under such penalties, as 
 each house may provide. 
 
 2. Each house may determine the rules of its proceedings, pun- 
 ish its members for disorderly behavior, and, with the concurrence 
 of two thirds, expel a member. 
 
 3. Each house shall keep a journal of its proceedings, and from 
 time to time publish the same, excepting such parts as may in then- 
 judgment require secrecy, and the yeas and nays of the members of 
 either house on any question shall, at the desire of one fifth of those 
 present, be entered on the journal. 
 
 4. Neither house, during the session of Congress, shall, without 
 the consent of the other, adjourn for more than three days, nor to 
 any other place than that in which the two houses shall be sitting. 
 
 Section VI. Privileges and Disabilities of Members 
 
 1. The Senators and Representatives shall receive a compensa- 
 tion for their services, to be ascertained by law and paid out of 
 the treasury of the United States. They shall, in all cases except 
 treason, felony, and breach of the peace, be privileged from arrest 
 during their attendance at the session of their respective houses, 
 and in going to and returning from the same; and for any speech 
 or debate in either house they shall not be questioned in any other 
 place. 
 
 2. No Senator or Representative shall, during the time for which 
 he was elected, be appointed to any civil office under the authority 
 of the United States, which shall have been created, or the emolu- 
 ments whereof shall have been increased during such time; and no 
 person holding any office under the United States shall be a mem- 
 ber of either house during his continuance in office. 
 
 Section VII. Mode of Passing Laws 
 
 1. All bills for raising revenue shall originate in the House of 
 Representatives; but the Senate may propose or conciu- with 
 "unendments as on other bills. 
 
iv APPENDIX 
 
 2. Every bill which shall have passed the House of Representa- 
 tives and the Senate shall, before it become a law, be presented to 
 the President of the United States; if he approve he shall sign it, 
 but if not he shall return it, with his objections, to that house in 
 which it shall have originated, who shall enter the objections at 
 large on their journal and proceed to reconsider it. If after such 
 reconsideration two thirds of that house shall agree to pass the bill, 
 it shall be sent, together with the objections, to the other house, by 
 which it shall likewise be reconsidered, and if approved by two 
 thirds of that house it shall become a law. But in all such cases the 
 votes of both houses shall be determined by yeas and nays, and the 
 names of the persons voting for and against the bill shall be entered 
 on the journal of each house respectively. If any bill shall not be 
 returned by the President within ten days (Sundays excepted) 
 after it shall have been presented to him, the same shall be a law, 
 in like manner as if he had signed it, unless the Congress by their 
 adjournment prevent its return, in which case it shall not be a 
 law. 
 
 3. Every order, resolution, or vote to which the concurrence of 
 the Senate and House of Representatives may be necessary (except 
 on a question of adjournment) shall be presented to the President 
 of the United States; and before the same shall take effect, shall 
 be approved by him, or being disapproved by him, shall be re- 
 passed by two thirds of the Senate and House of Representatives, 
 according to the rules and limitations prescribed in the case of 
 abiU. 
 
 Section VIII. Powers granted to Congress 
 
 The Congress shall have power: 
 
 1. To lay and collect taxes, duties, imposts, and excises, to pay 
 the debts and provide for the common defense and general welfare 
 of the United States; but all duties, imposts, and excises shall be 
 uniform throughout the United States; 
 
 2. To borrow money on the credit of the United States; 
 
 3. To regulate commerce with foreign nations and among the 
 several States, and with the Indian tribes; 
 
 4. To establish an uniform rule of naturalization, and uniform 
 laws on the subject of bankruptcies throughout the United States; 
 
 5. To coin money, regulate the value thereof, and of foreign coin, 
 and fix the standard of weights and measures; 
 
 6. To provide for the punishment of counterfeiting the secur- 
 ities and current coin of the United States; 
 
 7. To establish post offices and post roads; 
 
 8. To promote the progress of science and useful arts by securing 
 for limited times to authors and inventors the exclusive right to 
 their respective writings and discoveries; 
 
 9. To constitute tribunals inferior to the Supreme Court; 
 
APPENDIX V 
 
 10. To define and punish piracies and felonies committed on the 
 high seas and ofiFenses against the law of nations; 
 
 H. To declare war, grant letters of marque and reprisal, and 
 make rules concerning captures on land and water; 
 
 12. To raise and support armies, but no appropriation of money 
 to that use shall be for a longer term than two years; 
 
 13. To provide and maintain a navy; 
 
 14. To make rules for the government and regulation of the land 
 and naval forces; 
 
 15. To provide for calling forth the militia to execute the laws 
 of the Union, suppress insurrections, and repel invasions; 
 
 16. To provide for organizing, arming, and disciplining the mili- 
 tia, and for governing such part of them as may be employed in the 
 service of the United States, reserving to the States respectively 
 the appointment of the oflncers, and the authority of training the 
 militia according to the discipline prescribed by Congress; 
 
 17. To exercise exclusive legislation in all cases whatsoever over 
 such district (not exceeding ten miles square) as may, by cession of 
 particular States and the acceptance of Congress, become the seat 
 of the government of the United States, and to exercise like author- 
 ity over all places purchased by the consent of the legislature of the 
 State in which the same shall be, for the erection of forts, maga- 
 zines, arsenals, dockyards, and other needful buildings; and 
 
 18. To make all laws which shall be necessary and proper for 
 carrying into execution the foregoing powers, and all other powers 
 vested by this constitution in the government of the United 
 States, or in any department or officer thereof. 
 
 Section IX. Powers denied to the United States 
 
 1. The migration or importation of such persons as any of the 
 States now existing shall think proper to admit shall not be pro- 
 hibited by the Congress prior to the year one thousand eight 
 hundred and eight, but a tax or duty may be imposed on such im- 
 portation, not exceeding ten dollars for each person. 
 
 2. The privilege of the writ of habeas corpus shall not be sus- 
 pended, unless when in cases of rebellion or invasion the public 
 safety may require it. 
 
 3. No bill of attainder or ex post facto law shall be passed. 
 
 4. No capitation or other direct tax shall be laid, unless in pro- 
 portion to the census or enumeration hereinbefore directed to be 
 
 5. No tax or duty shall be laid on articles exported from any 
 
 State. , , .. . 
 
 6. No preference shall be given by any regulation of commerce 
 or revenue to the ports of one State over those of another; nor 
 shall vessels bound to or from one State be obliged to enter, clear, 
 or pay duties in another. 
 
vi APPENDIX 
 
 7. No money shall be drawn from the treasury but in conse- 
 quence of appropriations made by law; and a regular statement 
 and account of the receipts and expenditures of all public money 
 shall be published from time to time. 
 
 8. No title of nobility shall be granted by the United States; and 
 no person holding any ofl&ce of profit or trust under them shall, 
 without the consent of the Congress, accept of any present, emolu- 
 ment, office, or title, of any kind whatever, from any king, prince, 
 or foreign state. 
 
 Section X. Powers denied to the States 
 
 1. No State shall enter into any treaty, alliance, or confedera- 
 tion; grant letters of marque and reprisal; coin money; emit bills of 
 credit; make anything but gold and silver coin a tender inpay- 
 ment of debts; pass any biU of attainder, ex post facto law, or law 
 impairing the obligation of contracts, or grant any title of 
 nobility. 
 
 2. No State shall, without the consent of the Congress, lay any 
 imposts or duties on imports or exports, except what may be abso- 
 lutely necessary for executing its inspection laws; and the net pro- 
 duce of all duties and imposts, laid by any State on imports or 
 exports, shall be for the use of the treasury of the United States; 
 and all such laws shall be subject to the revision and control of the 
 Congress. 
 
 3. No State shall, without the consent of the Congress, lay any 
 duty of tonnage, keep troops or ships of war in time of peace, enter 
 into any agreement or compact with another State or with a for- 
 eign power, or engage in war, unless actually invaded or in such 
 imminent danger as will not admit of delay. 
 
 Ahticle n. Executive Depabtment 
 
 Section I. President and Vice-President 
 
 i. The executive power shall be vested in a President of the 
 United States of America. He shall hold his office during the term 
 of four years, and together with the Vice-President, chosen for the 
 same term, be elected as follows: 
 
 2. Each State shall appoint, in such manner as the legislature 
 thereof may direct, a number of electors, equal to the whole num- 
 ber of Senators and Representatives to which the State may be en- 
 titled in the Congress; but no Senator or Representative, or person 
 holding an office of trust or profit under the United States, shall be 
 appointed an elector. 
 
 3. [The electors shall meet in their respective States and vote by 
 
APPENDIX vii 
 
 ballot for two persons, of whom one at least shall not be an inhab- 
 itant of the same State with themselves. And they shall make a 
 list of all the persons voted for, and of the number of votes for 
 each; which list they shall sign and certify, and transmit sealed to 
 the seat of the government of the United States, directed to the 
 President of the Senate. The President of the Senate shall, in the 
 presence of the Senate and House of Representatives, open all the 
 certificates, and the votes shall then be counted. The person hav. 
 ing the greatest number of votes shall be the President, if such num. 
 ber be a majority of the whole number of electors appointed; and it 
 there be more than one who have such majority, and have an equal 
 number of votes, then the House of Representatives shall immedi- 
 ately choose by ballot one of them for President; and if no person 
 have a majority, then from the five highest on the list the said 
 House shall iu like manner choose the President. But in choosing 
 the President the votes shall be taken by States, the representation 
 from each State having one vote; a quorum for this purpose shall 
 consist of a member or members from two thirds of the States, and 
 a majority of all the States shall be necessary to a choice. In every 
 case, after the choice of the President, the person having the 
 greatest number of votes of the electors shall be the Vice-Pre- 
 sident. But if there should remain two or more who have equal 
 votes, the Senate shall choose from them by ballot the Vice-Pre- 
 sident.] ' 
 
 4. The Congress may determine the time of choosing the electors 
 and the day on which they shall give their votes, which day shall be 
 the same throughout the United States. 
 
 5. No person except a natural born citizen, or a citizen of the 
 United States at the time of the adoption of this constitution, shall 
 be eligible to the office of President; neither shall any person be 
 eligible to that oflSce who shall not have attained to the age of 
 thirty-five years, and been fourteen years a resident within the 
 United States. 
 
 6. In case of the removal of the President from office, or of his 
 death, resignation, or inability to discharge the powers and duties 
 of the said office, the same shall devolve on the Vice-President, and 
 the Congress may by law provide for the case of removal, death, 
 resignation, or inabihty, both of the President and Vice-President, 
 declaring what officer shall then act as President, and such officer 
 shall act accordingly until the disabihty be removed or a President 
 shfill be ciGctGd. 
 
 7. The President shall, at stated times, receive for his services a 
 compensation, which shall neither be increased nor diminished dur- 
 ing the period for which he shall have been elected, and he shall 
 not receive withm that period any other emolument from the United 
 States or any of them. 
 
 1 Superseded by the twelfth amendment. 
 
viii APPENDIX 
 
 8. Before he enter on the execution of his office he shall take the 
 following oath or aflSrmation: 
 
 "I do solemnly swear (or affirm) that I will faithfully execute the 
 office of President of the United States, and will to the best of my 
 ability preserve, protect, and defend the constitution of the United 
 States." 
 
 Section II. Powers of the President 
 
 1. The President shall be commander-in-chief of the army and 
 navy of the United States, and of the militia of the several States 
 when called into the actual service of the United States; he may 
 require the opinion, in writing, of the principal officer in each of 
 the executive departments, upon any subject relating to the duties 
 of their respective offices, and he shall have power to grant re- 
 prieves and pardons for offenses against the United States, except 
 in cases of impeachment. 
 
 2. He shall have power, by and with the advice and consent of 
 the Senate, to make treaties, provided two thirds of the Senators 
 present concur; and he shall nominate, and, by and with the ad- 
 vice and consent of the Senate, shall appoint ambassadors, other 
 public ministers and consuls, judges of the Supreme Court, and all 
 other officers of the United States, whose appointments are not 
 herein otherwise provided for, and which shall be established by 
 law; but the Congress may by law vest the appointment of such 
 inferior officers, as they think proper, in the President alone, in 
 the courts of law, or in the heads of departments. 
 
 3. The President shall have power to fill up all vacancies that 
 may happen during the recess of the Senate, by granting commis- 
 sions which shall expire at the end of their next session. 
 
 Section III. Duties of the President 
 
 He shall from time to time give to the Congress information of 
 the state of the Union, and recommend to their consideration such 
 measures as he shall judge necessary and expedient; he may, on 
 extraordinary occasions, convene both houses, or either of them, 
 and in case of disagreement between them with respect to the time 
 of adjournment, he may adjourn them to such time as he shall 
 think proper; he shall receive ambassadors and other public minis- 
 ters; he shall take care that the laws be faithfully executed, and 
 shall commission all the officers of the United States. 
 
 Section IV. Impeachment 
 
 The President, Vice-President, and all civil officers of the United 
 States shall be removed from office on impeachment for and con- 
 
APPENDIX k 
 
 viction of treason, bribery, or other high crimes and misdemean- 
 ors. 
 
 Abticle III. Judicial Depaetment 
 
 Section I. United States Courts 
 
 The judicial power of the United States shall be vested in one 
 Supreme Court, and in such inferior courts as the Congress may 
 from time to time ordain and establish. The judges, both of the 
 supreme and inferior courts, shall hold their offices during good 
 behavior, and shall, at stated times, receive for their services a 
 compensation which shall not be diminished during their continu- 
 ance in office. 
 
 Section II. Jurisdiction of the United States Courts 
 
 1. The judicial power shall extend to all cases, in law and equity, 
 arising under this constitution, the laws of the United States, and 
 treaties made, or which shall be made, under their authority; to 
 all cases affecting ambassadors, other public ministers, and con- 
 suls; to all cases of admiralty and maritime jurisdiction; to con- 
 troversies to which the United States shall be a party; to contro- 
 versies between two or more States; between a State and citizens 
 of another State; between citizens of different States; between 
 citizens of the same State claiming lands under grants of different 
 States, and between a State, or the citizens thereof, and foreign 
 States, citizens, or subjects.' 
 
 2. In all cases affecting ambassadors, other public ministers and 
 consuls, and those in which a State shall be a party, the Supreme 
 Court shall have original jurisdiction. In all the other cases be- 
 fore mentioned, the Supreme Court shall have appellate jurisdic- 
 tion, both as to law and fact, with such exceptions, and under such 
 regulations, as the Congress shall make. 
 
 3. The trial of all crimes, except in cases of impeachment, shall 
 be by jury; and such trial shall be held in the State where the 
 said crimes shall have been committed; but when not committed 
 within any State, the trial shall be at such place or places as the 
 Congress may by law have directed. 
 
 Section III. Treason 
 
 1. Treason against the United States shall consist only in levy- 
 ing war against them, or in adhering to their enemies, giving them 
 aid and comfort. No person shall be convicted of treason unless 
 on the testimony of two witnesses to the same overt act, or on con- 
 fession in open court. 
 
 1 This clause has been amended. See Amendments, Article XL 
 
X APPENDIX 
 
 2. The Congress shall have power to declare the punishment of 
 treason, but no attainder of treason shall work corruption of blood 
 or forfeiture except during the life of the person attainted. 
 
 Article IV. — The States and the Federal Government 
 
 Section I. State Records 
 
 Full faith and credit shall be given in each State to the public 
 acts, records, and judicial proceedings of every other State. And 
 the Congress may by general laws prescribe the manner in which 
 such acts, records, and proceedings shall be proved, and the effect 
 thereof. 
 
 Section II. Privileges of Citizens, etc. 
 
 1. The citizens of each State shall be entitled to all privileges 
 and immunities of citizens in the several States. 
 
 2. A person charged in any State with treason, felony, or other 
 crime, who shall flee from justice, and be found in another State, 
 shall, on demand of the executive authority of the State from which 
 he fled, be delivered up, to be removed to the State having juris- 
 diction of the crime. 
 
 3. No person held to service or labor in one State, under the 
 laws thereof, escaping into another, shall, in consequence of any 
 law or regulation therein, be discharged from such service or labor, 
 but shall be delivered up on claim of the party to whom such serv- 
 ice or labor may be due.' 
 
 Section III. New States and Territories 
 
 1. New States may be admitted by the Congress into this Union; 
 but no new State shall be formed or erected within the juris- 
 diction of any other State; nor any State be formed by the junc- 
 tion of two or more States or parts of States, without the con- 
 sent of the legislatures of the States concerned as well as of the 
 Congress. 
 
 2. The Congress shall have power to dispose of and make all 
 needful rules and regulations respecting the territory or other 
 property belonging to the United States; and nothing in this con- 
 stitution shall be so construed as to prejudice any claims of the 
 United States or of any particular State. 
 
 Section IV. Guarantees to the States 
 
 The United States shall guarantee to every State in this Union 
 a republican form of government, and shall protect each of them 
 
 1 This clause has been nullified by Amendmeat xiu, which aboliahea slavery. 
 
APPENDIX xi 
 
 against invasion, and on application of the legislature, or of the 
 Executive (when the legislature cannot be convened), against do- 
 mestic violence. 
 
 Abticle V. Power of Amendment 
 
 The Congress, whenever two thirds of both houses shall deem 
 it necessary, shall propose amendments to this constitution, or, 
 on the application of the legislatures of two thirds of the several 
 States, shall call a convention for proposing amendments, which in 
 either case shall be valid to all intents and purposes as part of this 
 constitution, when ratified by the legislatures of three fourths of 
 the several States, or by conventions in three fourths thereof, as 
 the one or the other mode of ratification may be proposed by the 
 Congress, provided that no amendment which may be made prior 
 to the year one thousand eight hundred and eight shall in any 
 manner afiFect the first and fourth clauses in the ninth section of 
 the first article; and that no State, without its consent, shall be 
 deprived of its equal suflFrage in the Senate. 
 
 Article VI. Public Debt, Supremacy of the Constitu- 
 tion, Oath of Office, Religious Test 
 
 1. All debts contracted and engagements entered into, before 
 the adoption of this constitution, shall be as valid against tht 
 United States under this constitution as under the Confedera- 
 tion. 
 
 2. This constitution, and the laws of the United States which 
 shall be made in pursuance thereof, and all treaties made, or 
 which shall be made, under the authority of the United States, 
 shall be the supreme law of the land; and the judges in every 
 State shall be bound thereby, anything in the constitution or laws 
 of any State to the contrary notwithstanding. 
 
 3. The Senators and Representatives before mentioned, and the 
 members of the several State legislatures, and all executive and 
 judicial oflScers both of the United States and of the several^ States, 
 shall be bound by oath or affirmation to support this constitution; 
 but no religious test shall ever be required as a qualification to any 
 office or public trust under the United States. 
 
 Article VII. Ratification of the Constitution 
 
 The ratification of the conventions of nine States shall be suf- 
 ficient for the establishment of this constitution between the States 
 so ratifying the same. 
 
 Done in convention by the unanimous consent of the otates 
 present, the seventeenth day of September, in the year of our 
 Lord, one thousand seven hundred and eighty-seven, and of 
 
rii APPENDIX 
 
 the Independence of the United States of America the twelfth. 
 In witness whereof, we have hereunto subscribed our names. 
 
 George Wcishington, President, and Deputy from Virginia. 
 New Hampshire — John Langdon, Nicholas Gilman. 
 Massachusetts — Nathaniel Gorham, Rufus King. 
 Connecticut — William Samuel Johnson, Roger Sherman. 
 New York — Alexander Hamilton. 
 New Jersey — William Livingston, David Brearley, William 
 
 Paterson, Jonathan Dayton. 
 Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert 
 
 Morris, George Clymer, Thomas Fitzsimons, Jared IngersoU, 
 
 James Wilson, Gouverneur Morris. 
 Delaware — George Read, Gunning Bedford, Jr., John Dickin- 
 son, Richard Bassett, Jacob Broom. 
 Maryland — James McHenry, Daniel of St. Thomas Jenifer, 
 
 Daniel Carroll. 
 Virginia — John Blair, James Madison, Jr. 
 North Carolina — WiUiam Blount, Richard Dobbs Spaight, 
 
 Hugh Williamson. 
 South Carolina — John Rutledge, Charles Cotesworth Pinck- 
 
 ney, Charles Pinckney, Pierce Butler. 
 Georgia — William Few, Abraham Baldwin. 
 
 Attest: William Jackson, Secretary. 
 
 AMENDMENTS ' 
 
 Article I 
 
 Congress shall make no law respecting an estabHshment of re- 
 ligion, or prohibiting the free exercise thereof; or abridging the 
 freedom of speech or of the press; or the right of the people peace- 
 ably to assemble, and to petition the government for a redress 
 of grievances. 
 
 Article II 
 
 A well-regulated militia being necessary to the security of a free 
 State, the right of the people to keep and bear arms shall not be 
 infringed. 
 
 Article HI 
 
 No soldier shall, in time of peace, be quartered in any house 
 without the consent of the owner, nor in time of war, but in a man- 
 ner to be prescribed by law. 
 
 1 The first ten amendments were proposed by Congress, September 25, 1789, and de- 
 clared in force December 16, 1791. 
 
APPENDIX xia 
 
 Aeticle rv 
 
 The right of the people to be secure in their persons, houses, 
 papers, and e£Fects, against unreasonable searches and seizures 
 shall not be violated, and no warrants shall issue but upon prob- 
 able cause, supported by oath or affirmation, and particularly 
 describing the place to be searched, and the persons or things to be 
 seized. 
 
 Akticle V 
 
 No person shall be held to answer for a capital or otherwise 
 infamous crime, unless on a presentment or indictment of a grand 
 jury, except in cases arising in the land or naval forces, or in the 
 militia, when in actual service in time of war or public danger; 
 nor shall any person be subject for the same offense to be twice 
 put in jeopardy of life or limb; nor shall be compelled in any 
 criminal case to be a witness against himself, nor be deprived of 
 life, liberty, or property, without due process of law; nor shaU 
 private property be taken for public use without just compensation. 
 
 Akticle VI 
 
 In all criminal prosecutions the accused shall enjoy the right to 
 a speedy and public trial, by an impartial jury of the State and 
 district wherein the crime shall have been committed, which dis- 
 trict shall have been previously ascertained by law, and to be in- 
 formed of the nature and cause of the accusation; to be confronted 
 with the witnesses against him; to have compulsory process for 
 obtaining witnesses in his favor, and to have the assistance of 
 counsel for his defense. 
 
 Article VII 
 
 In suits at common law, where the value in controversy shall 
 exceed twenty dollars, the right of trial by jury shall be preserved, 
 and no fact tried by a jury shall be otherwise reexammed in any 
 court of the United States, than according to the rules of the com- 
 mon law. 
 
 Article VIII 
 
 Excessive bail shall not be required, nor excessive fines imposed, 
 nor cruel and unusual punishments inflicted. 
 
 Article IX 
 
 The enumeration in the constitution of certain rights shall not 
 be construed to deny or disparage others retained by the people. 
 
APPENDIX 
 
 Akticlb X 
 
 The powers not delegated to the United States by the constitu- 
 tion, nor prohibited by it to the States, are reserved to the States 
 respectively or to the people. 
 
 Article XI • 
 
 The judicial power of the United States shall not be construed 
 to extend to any suit in law or equity, commenced or prosecuted 
 against one of the United States by citizens of another State, or 
 by citizens or subjects of any foreign state. 
 
 Article XII ' 
 
 1. The electors shall meet in their respective States and vote 
 by ballot for President and Vice-President, one of whom, at least, 
 shall not be an inhabitant of the same State with themselves; they 
 shall name in their ballots the person voted for as President, and 
 in distinct ballots the person voted for as Vice-President, and they 
 shall make distinct lists of all persons voted for as President and 
 of all persons voted for as Vice-President, and of the number of 
 votes for each; which lists they shall sign and certify, and trans- 
 mit sealed to the seat of the government of the United States, 
 directed to the President of the Senate. The President of the 
 Senate shall, in the presence of the Senate and House of Repre- 
 sentatives, open all the certificates and the votes shall then be 
 counted. The person having the greatest number of votes for 
 President shall be the President, if such number be a majority of 
 the whole number of electors appointed; and if no person have 
 such majority, then from the persons having the highest numbers 
 not exceeding three on the list of those voted for as President, the 
 House of Representatives shall choose immediately, by ballot, the 
 President. But in choosing the President the votes shall be taken 
 by States, the representation from each State having one vote; a 
 quorum for this purpose shall consist of a member or members 
 from two thirds of the States, and a majority of all the States shall 
 be necessary to a choice. And if the House of Representatives 
 shall not choose a President whenever the right of choice shall 
 devolve upon them, before the fourth day of March next following, 
 then the Vice-President shall act as President, as in the case of the 
 death or other constitutional disability of the President. 
 
 2. The person having the greatest number of votes as Vice-Pre- 
 sident shall be the Vice-President, if such number be a majority of 
 the whole number of electors appointed; and if no person have a 
 
 1 Proposed by Congress March 5, 1794, and declared in force January 8, 1798. 
 
 ' Proposed by Congress December 12, 1803, and declared in force September 25, 1804. 
 
APPENDIX XV 
 
 majority, then from the two highest numbers on the list the Senate 
 shall choose the Vice-President; a quorum for the purpose shall 
 consist of two thirds of the whole number of Senators, and a ma- 
 jority of the whole number shall be necessary to a choice. 
 
 3. But no person constitutionally ineligible to the office of Pre- 
 sident shall be eligible to that of Vice-President of the United 
 States. 
 
 Article XIII ' 
 
 1. Neither slavery nor involuntary servitude, except as a pun- 
 ishment for crime whereof the party shall have been duly con- 
 victed, shall exist within the United States or any place subject 
 to their jurisdiction. 
 
 2. Congress shall have power to enforce this article by appro- 
 priate legislation. 
 
 Article XIV ' 
 
 1. All persons born or naturalized in the United States, and sub- 
 ject to the jurisdiction thereof, are citizens of the United States 
 and of the State wherein they reside. No State shall make or en- 
 force any law which shall abridge the privileges or immunities of 
 citizens of the United States; nor shall any State deprive any per- 
 son of life, liberty, or property, without due process of law; nor 
 deny to any person within its jurisdiction the equal protection of 
 the laws. 
 
 2. Representatives shall be apportioned among the several States 
 according to their respective numbers, counting the whole number 
 of persons in each State, excluding Indians not taxed. But when 
 the right to vote at any election for the choice of electors for 
 President and Vice-President of the United States, Representa- 
 tives in Congress, the executive and judicial officers of a State, or 
 the members of the legislature thereof, is denied to any of the male 
 inhabitants of such State, being twenty-one years of age, and citi- 
 zens of the United States, or in any way abridged, except for par- 
 ticipation in rebellion, or other crime, the basis of representation 
 therein shall be reduced in the proportion which the number of 
 such male citizens shall bear to the whole number of male citizens 
 twenty-one years of age in such State. 
 
 3. No person shall be a Senator or Representative in Congress, 
 or elector of President and Vice-President, or hold any office, civil 
 or military, under the United States or under any State, who, hav- 
 ing previously taken an oath as a member of Congress, or as an 
 officer of the United States, or as a member of any State legisla- 
 ture, or as an executive or judicial officer of any State, to support 
 
 > Proposed by Congress Febniaiy 1, 1865, and declared in force December 18, 1865. 
 3 Prepased by Congreai iwus 16, 1866, and declared in force July iS, 1868. 
 
xvi APPENDIX 
 
 the constitution of the United States, shall have engaged in insur- 
 rection or rebellion against the same, or given aid or comfort to 
 the enemies thereof. But Congress may, by a vote of two thirds 
 of each house, remove such disability. 
 
 4. The validity of the public debt of the United States, author- 
 ized by law, including debts incurred for payment of pensions and 
 bounties for services in suppressing insurrection or rebellion, shall 
 not be questioned. But neither the United States nor any State 
 shall assume or pay any debt or obligation incurred in aid of insur- 
 rection or rebellion against the United States, or any claim for the 
 loss or emancipation of any slave; but all such debts, obligations, 
 and claims shall be held illegal and void. 
 
 5. The Congress shall have power to enforce, by appropriate 
 legislation, the provisions of this article. 
 
 Article XV ' 
 
 1. The right of citizens of the United States to vote shall not 
 be denied or abridged by the United States or by any State on 
 account of race, color, or previous condition of servitude. 
 
 2. The Congress shall have power to enforce this article by 
 appropriate legislation. 
 
 Aeticle xvi ' 
 
 The Congress shall have power to lay and collect taxes on in- 
 comes, from whatever source derived, without apportionment 
 among the several States, and without regard to any census or 
 enumeration. 
 
 Article XVII ' 
 
 1. The Senate of the United States shall be composed of two 
 Senators from each State, elected by the people thereof, for six 
 years; and each Senator shall have one vote. The electors in each 
 State shall have the qualifications requisite for electors of the most 
 numerous branch of the State legislatures. 
 
 2. When vacancies happen in the representation of any State 
 in the Senate, the executive authority of such State shall issue 
 writs of election to fill such vacancies: Provided, That the legisla- 
 ture of any State may empower the executive thereof to make 
 temporary appointments until the people fill the vacancies by 
 election as the legislature may direct. 
 
 3. This amendment shall not be so construed as to affect the 
 election or term of any Senator chosen before it becomes valid as 
 part of the Constitution. 
 
 ^ Proposed by Congreag February 26, 1869, and declared in force March SO, 1870. 
 2 Proposed by Congress July 12, 1909, and declared in force February 25, 1913. 
 ■* Proposed by Congress June 12, 1912, and declared in force, April 8, 1913. 
 
APPENDIX 
 
 xvu 
 
 APPENDIX B 
 
 AREA, POPULATION, AND ELECTORAL VOTES 
 OF THE STATES, 1912 
 
 
 o 
 
 
 POPULATION 
 
 J 
 
 lib 
 
 STATE 
 
 ill 
 
 lis 
 
 Area Stiuare 
 Miles 
 
 
 
 
 1900 
 
 1910 
 
 Iff! 
 
 Alabama 
 
 1819 
 
 51,998 
 
 1,828,697 
 
 2.138 093 
 
 12 
 
 Arizona . . . 
 
 . . 
 
 
 1012 
 
 113.056 
 
 122,931 
 I.311.504 
 
 204,354 
 
 3 
 
 Arkansas . . 
 
 
 
 1836 
 
 53,335 
 
 1.574.449 
 
 9 
 
 California . . 
 
 
 
 1850 
 
 158,297 
 
 1,485.053 ■ 
 
 2,377.549 
 
 13 
 
 Colorado . . . 
 
 
 
 187s 
 
 103,948 
 
 539700 
 
 799,024 
 
 6 
 
 Connecticut 
 
 
 
 1788 
 
 4,96s 
 
 908,420 
 
 1,114,756 
 
 7 
 
 Delaware . . . 
 
 
 
 1787 
 
 2,370 
 
 184,735 
 
 202,322 
 
 
 Florida .... 
 
 
 
 184s 
 
 58,666 
 
 528,342 
 
 752,619 
 
 6 
 
 Georgia . 
 
 
 
 178S 
 
 59.26s 
 
 2.216,331 
 
 2,609,121 
 
 14 
 
 Idaho . . . 
 
 
 
 1890 
 
 83,888 
 
 161,772 
 
 325,594 
 
 4 
 
 Illinois 
 
 
 
 1818 
 
 56,66s 
 
 4,821,530 
 
 5,638,591 
 
 29 
 
 Indiana . . . 
 
 
 
 1816 
 
 36.3S4 
 
 2,316,462 
 
 2,700,876 
 
 IS 
 
 Iowa .... 
 
 
 
 1846 
 
 56,147 
 
 2.231.853 
 
 2,224,771 
 
 13 
 
 Kansas . . . 
 
 
 
 1861 
 
 82,138 
 
 1.470.495 
 
 1,690,949 
 
 10 
 
 Kentucky . . 
 
 
 
 1 791 
 
 40.598 
 
 2,147,174 
 
 2,289,90s 
 
 13 
 
 Louisiana . . 
 
 
 
 1812 
 
 48.506 
 
 1,381,625 
 
 1.656,388 
 
 10 
 
 Maine 
 
 
 
 1820 
 
 33.040 
 
 694,466 
 
 742,371 
 
 6 
 
 Maryland . . 
 
 
 
 1788 
 
 12.327 
 
 1,188,044 
 
 1,295,346 
 
 8 
 
 Massachusetts . 
 
 
 
 1788 
 
 8,266 
 
 2,805,346 
 
 3,366,416 
 
 18 
 
 Mjchigan . . . 
 
 
 
 1837 
 
 57.980 
 
 2,420,982 
 
 2,810,173 
 
 15 
 
 Minnesota , . 
 
 
 
 1858 
 
 84,682 
 
 I.751.394 
 
 2,075,708 
 
 12 
 
 Mississippi . . 
 
 
 
 1817 
 
 46,86s 
 
 1,551,270 
 
 1,797,114 
 
 :o 
 
 Missoun . . 
 
 
 
 1821 
 
 69,420 
 
 3,106,66s 
 
 3,293,33s 
 
 18 
 
 Montana . . . 
 
 
 
 1889 
 
 146,997 
 
 243,329 
 
 376,053 
 
 4 
 
 Nebraska . . . 
 
 
 
 1867 
 
 77.520 
 
 1,066.300 
 
 1,192,214 
 
 8 
 
 Nevada . . . 
 
 
 
 1864 
 
 110,690 
 
 42.335 
 
 81,875 
 
 3 
 
 New Hampshire 
 
 
 
 1788 
 
 9.341 
 
 1,883,669 
 
 430,572 
 
 4 
 
 New Jersey . . 
 
 , , 
 
 
 1787 
 
 8,224 
 
 2.537.167 
 
 14 
 
 New Mexico 
 
 . , 
 
 
 1912 
 
 122,634 
 
 195.310 
 
 327.301 
 
 3 
 
 New lork . . . 
 
 
 
 1788 
 
 49.204 
 
 7.268.894 
 
 9.113,614 
 
 45 
 
 North Carolina 
 
 
 
 1789 
 
 52.426 
 
 1,893,810 
 
 2,206,287 
 
 12 
 
 North Dakota . . 
 
 
 
 1889 
 
 70,837 
 
 319,146 
 
 577,056 
 
 5 
 
 Ohio . . . . 
 
 
 
 1802 
 
 41,040 
 
 4,157,545 
 
 4,767,121 
 
 24 
 
 Oklahoma . . . 
 
 
 
 1907 
 
 70.0s 7 
 
 790,391 
 
 1,657.155 
 
 10 
 
 Oregon .... 
 
 
 
 1859 
 
 96,699 
 
 413.536 
 
 672.76s 
 
 s 
 
 Pennsylvania . . 
 
 
 
 1787 
 
 45.126 
 
 6,302,115 
 
 7,665,111 
 
 38 
 
 Rhode Island . . 
 
 
 
 1790 
 
 1,248 
 
 428,556 
 
 542,610 
 
 5 
 
 South Carolina . . 
 
 
 
 1788 
 
 30,989 
 
 1,340,316 
 
 1,515.400 
 
 9 
 
 South Dakota . . 
 
 
 
 1S89 
 
 77.615 
 
 401,570 
 
 583.888 
 
 5 
 
 Tennessee. . . . 
 
 
 
 1796 
 
 42,022 
 
 2,020,616 
 
 2.184.789 
 
 12 
 
 Texas 
 
 
 
 l»4S 
 
 263,896 
 
 3,048,710 
 
 3,896,542 
 
 20 
 
 Utah 
 
 
 
 l«94 
 
 84,990 
 
 276,749 
 
 373,351 
 
 4 
 
 Vermont .... 
 
 
 
 1791 
 
 9.564 
 
 343,641 
 
 355.956 
 
 4 
 
 Virginia .... 
 
 
 
 1788 
 
 42.627 
 
 1,854,184 
 
 2,061,612 
 
 12 
 
 Washington . . , 
 
 
 
 1889 
 
 69,127 
 
 518,103 
 
 1,141,990 
 
 7 
 
 West Virginia . . 
 
 
 
 1863 
 
 24,170 
 
 958,800 
 
 1,221,119 
 
 8 
 
 Wisconsin .... 
 
 
 
 1848 
 
 S6,o66 
 
 2,069,042 
 
 2,333,860 
 
 13 
 
 Wyoming .... 
 
 
 
 1890 
 
 97,914 
 
 92,531 
 
 145,96s 
 
 3 
 
 Total 
 
 
 3,026,719 
 
 75,715.857 
 
 91.641,197 
 
 531 
 
 
 
xvm 
 
 APPENDIX 
 
 APPENDIX C 
 
 AREA AND POPULATION OF TERRITORIES 
 AND INSULAR POSSESSIONS 
 
 TERRITORY 
 
 Date of 
 AcquiBition 
 
 Dats of 
 Organization 
 
 Area Square 
 Miles 
 
 Population, 1910 
 
 Alaska 
 
 District of Columbia . . 
 
 Guam 
 
 Hawaii 
 
 Panama Canal Zone * . 
 Philippine Islands . . . 
 
 Porto Rico 
 
 Tutuila Group, Samoa . 
 
 1867 
 
 '^ 
 
 \^ 
 
 1859 
 I goo 
 
 1868 
 1791 
 
 1900 
 
 1902 
 igoo 
 
 590,884 
 
 70 
 
 210 
 
 6,449 
 
 436 
 
 115,026 
 
 3,43S 
 
 77 
 
 64,356 
 331,069 
 
 Q,000 
 
 lgl,gog 
 
 7,633,426 
 
 1,118,012 
 
 3, 7 SO 
 
 Total 
 
 
 
 716,587 
 
 9,351,522 
 
 APPENDIX D 
 
 ILLUSTRATIVE MATERIAL FOR THE STUDY OF 
 GOVERNMENT 
 
 Part I. Local Governments. Chapters i-vi 
 
 1. A map of the pupil's State, showing the counties. 
 
 2. An enlarged map of the pupil's county, showing its subdivisions. 
 
 3. Reports of county and town or township ofiBcers. 
 
 4. Ballots used at county elections. 
 
 5. A collection of legal notices from the local papers. 
 
 6. Copies of the more common legal blanks (deeds, mortgages, etc.). 
 
 7. Town-warrants, tax-bills, and other town documents. 
 
 8. The State constitution and revised statutes. 
 
 9. The manual of the State legislature. 
 
 10. The city charter and ordinances. 
 
 11. A copy of the city manual for each pupil. 
 
 12. A map of the city showing ward lines and election precincts. 
 
 13. The city council calendar. 
 
 14. Copies of measures introduced into the council, and of ordinances 
 pubUshed in the daily papers. 
 
 15. Reports of the several municipal departments and officers. 
 
 16. A declaration of taxable property and a tax-bill. 
 
 17. Copies of tally-sheets used at elections. 
 
 18. Copies of nomination petitions, if used. 
 
 19. Copies of the ballots used at municipal. State, and national elections. 
 
 20. A copy of the jury list. 
 
 21. A set of the forms used in civil and criminal actions. 
 
APPENDIX xix 
 
 Paht n. State Governments. Chaptebs vn-xvn 
 
 1. Copies of the conatitution and revised statutes of the pupil's own 
 State. 
 
 2. A collection of the constitutions of all the States. The most recent 
 and complete is F. N. Thorpe's The Federal and State Constitutions. 
 Colomal Charters, and other Organic Laws (1909). 
 
 3. A good text-book on the government of the pupil's own State, such 
 as the Handbooks of American Government, edited by L. B. Evans. 
 
 i. The manual of the State legislature. 
 
 5. A volume of the laws made during a legislative session. 
 
 6. A volume of the reports of the Supreme Court. 
 
 7. A map of the pupil's State, showing the representative and senatorial 
 election districts. 
 
 8. Copies of the ballots used at State and national elections. 
 
 9. Copies of bills which have been introduced into the legislature. 
 10. Copies of the calendar and the journal of each house of the legisla- 
 
 ture. 
 
 Part in. The National Government. 
 Chapters xvm-xxxvn 
 
 1. A large political map of the United States, showing territorial ac- 
 quisitions. 
 
 2. A good physiographic map of the United States. 
 
 3. Abstract of the 'Twelfth Census, and the statistical atlas of the 
 Twelfth Census (same for the Thirteenth Census, as soon as pub- 
 lished). 
 
 4. The Statistical Abstract of the United States. 
 
 5. The United States Revised Statutes. 
 
 6. Copies of the House Manual and the Senate Manual. 
 
 7. Latest copy of the Congressional Directory. 
 
 8. The Congressional Record. 
 
 9. Reports of the federal departments and bureaus, especially those 
 of the Civil Service Commission, the Interstate Commerce Commis- 
 sion, the Commissioner of Education, the Commissioner of Immigra- 
 tion, the Monthly Summary of Commerce and Finance, the Year- 
 Book of the Department of Agriculture, the Consular Reports, and 
 the Labor Bulletins. 
 
 10. The Executive Register, published by the Government Printing 
 Office. 
 
 11. Thorpe's The Federal and State Constitutions. This contains also 
 the early charters and plans of Union: — colonial charters. New 
 England Articles of Confederation, Albany Plan of Union, Declara- 
 tion of Independence, Articles of Confederation. 
 
 12. Through the Superintendent of Documents, Washington, D. C, 
 the federal government distributes at a nominal price thousands of 
 publications of the greatest value to students of government. Price 
 lists of these publications should be obtained from the Superintend- 
 ent of Documents, and the pupils should be fully informed concern- 
 ing the material thus available. The following price lists and leaflets 
 wiU be found of especial value to the student of government: — 
 
XX APPENDIX 
 
 Price Lists 
 
 10. Laws of United States. 33. Labor question. 
 
 18. Engineering: Mechanics. 34. Library of Congress publications. 
 
 19. Army and Navy. 36. Periodicals. 
 
 20. Lands. 37. Tariff. 
 
 24. Indians. 48. Forest Service. 
 
 25. Transportation. 44. Plant Industry Bureau. 
 
 26. Sociology. 45. Public Roads Office. 
 
 28. Finance. 46. Soils Bureau. 
 
 29. Economics. 47. Statistics Bureau, Agric. Dept. 
 
 31. Education. 48. Weather Bureau. 
 
 32. Noncontiguous territory 49. Proceedings of Congress. 
 
 and Cuba. 50. American History. 
 
 Leaflets 
 
 1. International Law. 23. Merchant marine. 
 
 8. Government maps. 33. Interstate Commerce reports. 
 
 10. Public documents. 35. Postal savings-banks. 
 
 17. Army history. 36. Historical bibliography. 
 
 18. Executive Register. 38. Patriotic documents. 
 
 APPENDIX E 
 
 SELECTED REFERENCES ON AMERICAN 
 GOVERNMENT 
 
 Bibliographiet and Outlines for the Study of Government 
 
 Brookings, W. D., and Ringwalt, R. C, Briefs for Debate onCurrtnt Polit- 
 ical, Economic, and Social Topics (1896). 
 
 Channing, E., and Hart, A. B., Guide to the Study of American History 
 (1896). 
 
 Hart, A. B., Handbook of the History, Diplomacy, and Government of the 
 United Stales (1908). 
 
 Source Book of American History (1899). 
 
 Municipal Affairs, vol. v, no. 1 (1901), contains a classified list of books 
 and articles on local government. 
 
 New England History Teachers' Association, Outline for the Study of Ameri- 
 can Civil Government (1910). 
 
 New York State Education Department, Syllabus for Secondary Schools 
 (1910). (Outline for the study of Civics, pp. 135-154.) 
 
 Sources in American Government 
 Bsard, C. A., Readings in American Government and Politics (1910). 
 Hart, A. B., American History told by Contemporaries (1906, 4 vols.). 
 Kaye, P. L., Readings in Civil Government (1910). 
 Macdonald, William, Select Charters and other Documents iUtutrative of 
 
 American History, 1606-1775 (1904). 
 Select Documents illustrative of the History of the United States, 
 
 1776-1861 (1898). 
 
APPENDIX xri 
 
 Macdonald, William, Sdect Statutes and other Documents Hhufrative of 
 
 American History, 1861-1898 (1903). 
 Reinsch, P. S., Readings on American Federal Government (1909). 
 Richardson, J. D., ^ Compilation of the Messages and Papers of the Pre- 
 
 sidents, 1789-1897 (1896-1899, 10 vols.). 
 Thayer, J. B., Cases on Constitutional Law; with Notes (1895, 2 vols.). 
 Thorpe, F. N., The Federal and State ConstUutions (1909, 7 vols.). 
 
 Constitviional and OovemmerUal Histories 
 
 Channing, Edward, A Student's History of the United States (1905). 
 
 Hart, A. B., ed., Epochs of American History, including Thwaites, R. G., 
 The Colonies; Hart, A. B., Formation of the Union; Wilson, W., Division 
 and Reunion (1897-1898, 3 vols.). 
 
 The American Nation; A History (1907, 27 vols.). 
 
 Landon, J. S., The Constitutional History and Government of the United 
 States (1905). 
 
 McMaster, J. B., History of the People of the United States frim the Revoltt- 
 tion to the Civil War (1901). 
 
 Schouler, James, History of the United States of America under the Con- 
 stitution (1906, 6 vols.). 
 
 Sparks, E. E., The United States of America (1904, 2 vols.). 
 
 Thorpe, F. N., Constitutional History of the United States, 1765-189S (1901, 
 3 vols.). 
 
 Constitutional Treatises on American Gonemmeni 
 Black, H. C, Handbook of American Constitutional Law (1897). 
 Cooley, Thomas M., Principles of Constitutional Law (1898). 
 Kent, James, Commentaries on American Law (14th ed., 1896, 4 vols.). 
 McClain, E., Constitutional Law in the United States (1905). 
 Story, Joseph, Commentaries on the Constitution of the United States (6th 
 
 ed., 1905, 2 vols.). 
 Tucker, John R., The Constitution of the United States (1899, 2 vols.). 
 
 General Works on American Government 
 Ashley, R. L., The American Federal State (1903). 
 Beard, C. A., American Government and Politics (1910). 
 Bryce, James, The American Commonwealth (1907, 2 vols.). 
 Goodnovr, F. J., Comparative Administrative Law (Student's Abridged ed., 
 
 1903). 
 Hart, A. B., Actual Government (1903). 
 Lalor, John J., Cyclopedia of Political Science (1899). 
 Schouler, James, Constitutional Studies, State and Federal (1904). 
 Willoughby, W. W., The American Constitutional System (1904). 
 Wilson, Woodrow, The State (1906). 
 
 Rural Local Government 
 Fairlie, J. A., Local Government in Counties, Towns, and Villages (190S). 
 Howard, G. E., Introduction to the Local Constitutional History of the United 
 States (1889). 
 
 Municipal Government 
 Goodnow, Frank J., City Government in the United States (1904). 
 Fairlie, J. A., Municipal Administration (1901). 
 Rowe, L. S., Problems of City Government (1908). 
 
xxii APPENDIX 
 
 Wilcox, Delos F., The American City; A Problem in Democracy (1904). 
 Zueblin, Charles, American Municipal Progress (1903). 
 
 State Qovernmenl 
 Baldwin, S. E., The American Judiciary (1905). 
 Bliss, W. D. P., and others, eds.. Cyclopedia of Social Reform (1908). 
 Blackman, F. W., Economics for High Schools (1907). 
 Butler, Wilson R., Qovernmenl in the New England States (1905). 
 Cooley, Thomas M., Constitutional Limitations (1890). 
 Dealey, J. Q., Our State Constitutions (1907). 
 Ely, R. T., Taxation in American States and Cities (1888). 
 Finley, J. H., and Sanderson, J. F., The American Executive and Executive 
 
 Methods (1908). 
 Plehn, Carl, Introduction to Public Finance (1897). 
 Reinsch, P. S., American Legislatures and Legislative Methods (1907). 
 State Governments, Handbooks of, edited by Evans, L. B.: Government 
 
 of New York, Morey, W. C. (1902) ; Government of Ohio, Siebert, W. H. 
 
 (1904); Government of Illinois, Greene, E. B. (1904); Government of 
 
 Maine, Macdonald, Wm. (1902). 
 Wright, Carroll D., Outline of Practical Sociology (1899). 
 
 The Federal Government 
 Brewer, David J., The United States Supreme Court (1903). 
 Dewey, D. R., Financial History of the United States (1903). 
 Fairlie, J. A., The National Administration of the United States of America 
 
 (1905). 
 Follett, M. P., The Speaker of the House of Representatives (1904). 
 Hamilton, Madison, and Jay, The Federalist (Lodge, H. C, ed., 1904). 
 Harrison, B., This Country of Ours (1903). 
 McConachie, L. G., Congressional Committees (1898). 
 Rhodes, J. F., The Presidential Office (1903). 
 
 Tiedemann, C. G., The Unwritten Constitution of the United States (1890). 
 Various authors, History-Making ; The Story of a Great Nation (1910). 
 Willoughby, W. W., Territories and Dependencies of the United States (1905). 
 Wilson, Woodrow, Constitutional Government in the United States (1908). 
 Woodbum, J. A., The American Republic and its Government (1903). 
 
 Political Parties and Elections 
 Dallinger, F. W., Nominations for Elective Office in the United States (1897). 
 Ford, H. J., The Rise and Growth of American Politics (1898). 
 Fuller, R. H., Government by the People (1908). 
 Goodnow, F. J., Politics and Administration (1900). 
 Johnston, Alexander, History of American Politics (1902). 
 Macy, Jesse, Party Organization and Machinery (1904). 
 Merriam, C. E., Primary Elections (1908). 
 Stanwood, E., History of the Presidency (1904). 
 
 Woodbum, J. A., Political Parties and Party Problems in the United State% 
 (1909). 
 
INDEX 
 
 (References are to pages of text.) 
 
 Adjournment of Congress, 267. 
 
 Adjutant-General, State, 112. 
 
 Administrative departments, city, 
 56-57; State, 109-112; national, 
 312-324. 
 
 Administrative law, 100. 
 
 Administrators, appointment of, 120. 
 
 Admission of States, 91, 420-421. 
 
 Agriculture, State department of, 
 112, 160; federal department of, 
 322-323. 
 
 Alabama, 27, 136, 179, 251, 262, 
 466; the Alabama Claims, 399. 
 
 Alaska. 230, 259, 408; government 
 of, 412. 
 
 Albany plan of union, 208. 
 
 Alexandria conference, 215. 
 
 Alien and Sedition Laws, 447. 
 
 Aliens, 435-436. 
 
 Almshouses, 153. 
 
 Ambassadors, appointment and re- 
 ception of, 304-305, 402-403; 
 classes, term, salary, 402; duties 
 and privileges, 403. 
 
 Amendment process, under State 
 constitutions, 91-93; under federal 
 constitution, 226-227; analysis of 
 federal amendments, 227-228. 
 
 American Association, the, 209. 
 
 American Republics, Bureau of, 324. 
 
 Annapolis Academy, the, 184, 319, 
 431. 
 
 Annapolis Convention, 215. 
 
 Annexations, territorial, 398. 
 
 Anti-Federalists, 446-447. 
 
 Anti-Masonic party, 449. 
 
 Anti-Trust Act of 1890, 392. See 
 Trusts. 
 
 Appeals, in civil cases, 124; in fed- 
 eral courts, 333; State courts of 
 appeals, 119; federal circuit courts 
 of appeals, 332. 
 
 Appointment to office, municipal, 
 
 57; State, 107, 111-113; federal. 
 231, 300-305. 
 
 Apportionment, for State legisla- 
 tures, 95; for United States Re- 
 presentatives, 259-261. 
 
 Appropriations, municipal,51 ; State, 
 188-189; federal. 340-344. 
 
 Arbitration, State boards of, 161; 
 international, 401. 
 
 Aristocracy, 4, 5. 
 
 Aristotle, 1, 4, 8. 
 
 Arizona, 259; territorial government 
 of, 413-414. 
 
 Arkansas, 251, 466. 
 
 Army, United States, 426-428; for- 
 eign armies, 427. 
 
 Arrest, warrant for, 142-143. 
 
 Arson, 142. 
 
 Articles of Confederation, 6, 409; 
 analysis of, 210-213; contrast with 
 federal constitution, 217, 327. 
 
 Assemblies, colonial, 76, 83. 
 
 Assessments, special, 191-192. 
 
 Assessor, county, 26, 35; township, 
 31; city, 57. 
 
 "Association," the American, 209. 
 
 Attainder, bill of, 240, 242, 443- 
 444. 
 
 Attorney, 121; prosecuting (State), 
 26, 34, 111, 121; federal, 334. 
 
 Attorney-General, State, 109-111, 
 121; federal, 317. 
 
 Auditor, county, 26, 35; State, 109- 
 110. 
 
 Australian ballot, 469-471. 
 
 Austria-Hungary, government o(, 9. 
 
 Bail, 143. 
 
 Balances, checks and, 8-9, 89. 
 
 Ballot, Australian, 469-471. 
 
 Banking, State commissioner of, 112. 
 
 Bankruptcy, 390, 437-^38. 
 
 Banks, State, 164, 368; national. 
 
INDEX 
 
 352, 369-370; United States, 352, 
 366-367. 
 
 Belligerents, 396. 
 
 Bicameral legislature, 95, 248. 
 
 Bill of attainder, 240, 242, 443-444. 
 
 Bill ot credit, 240. 
 
 Bill of Riglits, State, 87; federal, 227. 
 
 Bills, introduction of, in State legis- 
 lature, 98; in Congress, 276. 
 
 aimetallism, 360-364. 
 
 Boards, municipal, 43; county, 26, 
 32-33, 35, 167; State, 44, 112, 151. 
 
 Bond issues, municipal, 52; State, 
 203; national, 353. 
 
 Borough, English municipal, 39-40. 
 
 Borrowing power: of municipal gov- 
 ernments, 52; of State govern- 
 ments, 203-204; of the national 
 government, 352-355. 
 
 "Boss," party, 451-452. 
 
 Boston, term of mayor in, 54. 
 
 Bridges, construction of, 167. 
 
 Budget, preparation of federal, 340- 
 344. 
 
 Burglary, 142. 
 
 Business taxes, 200, 201. 
 
 Cabinet, under parliamentary gov- 
 ernment, 9, 313; in United States, 
 232, 312-313. 
 
 Calendar, legislative, 277. 
 
 California, 35, 117, 120, 159, 161, 
 174, 175, 176, 181, 251, 262, 436, 
 466. 
 
 Canals, 168. 
 
 Candidates, for State office, 459; for 
 local offices, 456-457; presidential 
 candidates, 460, 463. See Conven- 
 tions, and Primary. 
 
 Capital punishment, 145. 
 
 Capital, the national. See Washing- 
 ton, D. C. 
 
 Capitation tax, 201. 
 
 Caucus, nominations by, 455; legis- 
 lative caucus, 271, 459. 
 
 Census, bureau of, 324; apportion- 
 ment after decennial census, 260. 
 
 Certificates, gold and silver, 360, 
 366. 
 
 Certiorari, writs of, 119. 
 
 Chairman. See Committees, party. 
 
 "Challenges," in selection of jury, 
 123. 
 
 Chancellor, English, 116. 
 
 Chancery courts, 116. 
 
 "Charge," of judge to jury, 123. 
 
 Charges and prices, regulation of, 
 137. 
 
 Charities, municipal, 66; adminis- 
 tration of charities, 151; methods 
 of poor relief, 153; dependent chil- 
 dren, 153-154; medical charities, 
 154; vagrants, 154; charity organ- 
 ization societies, 155; care of de- 
 fective classes, 155-156; cost of 
 charities, 156. 
 
 Charter colonies, 74-75. 
 
 Charter, municipal, 40, 42; charter- 
 making for cities, 45. 
 
 Checks and balances, 8-9; 89. 
 
 Chicago, 57. 
 
 Child labor, 137, 161. 
 
 Children, care of dependent, 153- 
 154. 
 
 Chinese, exclusion of, 386; natural- 
 ization of, forbidden, 436. 
 
 Chisholm v. Georgia, 227. 
 
 Circuit court of appeals, federal, 332. 
 
 Circuit court, State, 118; federal, 
 331. See Judiciary. 
 
 Citizenship, admission to, 435-436; 
 privileges of, 437. 
 
 City, definition of, 38; dual charac- 
 ter of, 38; origin and develop- 
 ment of, 38-41; history of, in 
 Great Britain, 39-40; in United 
 States, 41-46; charter of, 40-42; 
 powers of, 42; relation to State 
 governments, 38, 41-43; special 
 legislation for, 43-45; franchises, 
 43, 69-70; commission government 
 for, 45-46; improvements in gov- 
 ernment of, 47; council, see Coun- 
 cil; mayor, 54-56; administrative 
 officials of, 56-58; taxation in, 51; 
 civil service, 57, 62; police sys- 
 tem, 61-62; fire and health de- 
 partments, 62-63; education in, 
 64-65; parks and playgrounds, 
 65-66; poor relief in, 66, 15.3-155; 
 streets and sewers, 66-67; water 
 supply, 68; lighting, 68; railways, 
 68-69; municipal ownership, 69- 
 71; courts, 118; concentration of 
 immigrants in, 388. 
 
 Civil actions, procedure in, 122-124. 
 
 Civil-Rights Cases, 337. 
 
 Civil service, municipal, 57. 62; 
 
INDEX 
 
 State, 112-113; federal, 303-304, 
 325. 
 
 Civil War, 203; foreign affairs dur- 
 ing, 398-399; pensions, 432-433. 
 
 Claims, federal court of, 333. 
 
 Clerk, county, 26, 35; township, 31; 
 of State courts, 121, 122. 
 
 Codification of the law, 117. 
 
 Coinage, 358-359. 
 
 Collectors, of local taxes, 25, 31, 34; 
 of customs duties, 347; of internal 
 revenue taxes, 349. 
 
 Colleges and universities, 175-177. 
 
 Colonies, establishment of, in North 
 America, 74; charters of, 74; char- 
 acteristics and classification of, 
 74-76; legislative and executive 
 m, 76-77; judiciary in, 115-116; 
 relations with Great Britain, to 
 1760, 77-78; mercantile system 
 for, 80-81; dispute with Great 
 Britain, 78-83; early attempts at 
 union, 207-209. See Revolution, 
 
 Colorado, 35, 108, 161, 181, 467. 
 
 Columbia, District of, acquisition 
 and government of, 414-415; 
 courts of, 334. 
 
 Comity, interstate, 246. 
 
 Commander-in-chief, power of Pre- 
 sident as, 297-299. 
 
 Commerce, under Articles of Con- 
 federation, 213, 215, 377; discus- 
 sion of, in Constitutional Con- 
 vention, 219; commercial powers 
 under the constitution, 230, 377- 
 378; navigation, 378-379; river 
 and harbor improvements, 379- 
 380; tariff duties, 346-347, 380, 
 385; immigration, 385-388; rail- 
 way transportation, 390-391; 
 Anti-Trust Act, 392; interstate 
 commerce, 165, 388-392; State 
 regulations affecting commerce, 
 163-169. 
 
 Commerce, Department of, 324. 
 
 Commission government, in cities, 
 45-46. 
 
 Commission, Philippine, 417. 
 
 Commissioners, county, 26, 32, 35, 
 
 167. 
 Commissions, municipal boards or, 
 43; State Commissions, 44, 112, 
 151. 
 
 Committee system, in city councils, 
 53; in State legislatures, 97- 
 98; committee of the whole, 98; 
 committees in Congress, 232, 
 274-276; conference committees, 
 278. 
 
 Committees of correspondence, 209. 
 
 Committees, party, 460-461. 
 
 Common law, 115-117. See Law. 
 
 Common pleas, court of, 118. 
 
 Compact theory, 2. 
 
 Compromise type of local govern 
 ment, 22, 28-29. 
 
 Compromises of constitution, 218- 
 220. 
 
 Comptroller, county, 67; State, 109, 
 110. 
 
 Compulsory education, 181-182. 
 
 Concurrent powers, 239. 
 
 Confederate government, 6. 
 
 Confederation, Articles of, 6, 327, 
 409; analysis of, 210-213; New 
 England Confederation, 208. 
 
 Conference committees, 278. 
 
 Congresses, early: the Albany (1764), 
 208; Stamp Act Congress (1765), 
 208; First Continental (1774), 
 209; Second Continental (1776- 
 1781), 209-210. 
 
 Congress, United States, contrast 
 with powers of State legislatures, 
 100; usages affecting, 232; sessions, 
 267; internal organization, 268; 
 quorum, 269-270; president of 
 Senate, 270; Speaker of House, 
 270-273; committees of Congress, 
 274-276; process of legislation, 
 276-278; relations with Presi- 
 dent, 278-279, 307-309; Umita- 
 tion on powers of, 279-280; ex- 
 press powers of, 280-281 ; implied 
 powers of, 282; salary of members, 
 253; privileges of members, 253. 
 See Senate, House of Representa- 
 tives. 
 Congressional Library, 324. 
 Congressional Record, the, 269. 
 Connecticut, 75, 86, 108, 120, 136, 
 159, 161, 178, 180, 181, 208, 223, 
 262, 409, 466, 467. 
 Connecticut Compromise, 248-249. 
 Conservation of natural resources, 
 
 159 323. 
 Constable, 30, 32, 35, 121, 122. 
 
INDEX 
 
 Constitution, definition of, 3; 'writ- 
 ten and unwritten, 3. 
 
 Constitution, federal, demand for, 
 215-216; call of convention to 
 frame, 216; the framing of, 217- 
 222; compromises of, 218-220; 
 sources of, 221; ratification of, 
 222-224; contrasted with Arti- 
 cles of Confederation, 217, 327; 
 amendments of, 226-228; bill [oi 
 rights, 227; interpretation of, 228- 
 230, 282; development of, through 
 usage, 230-233; limitations im- 
 posed by, on State governments, 
 101-102; duties of State governor 
 under, 109. 
 
 Constitutions, State, definition of, 
 86; formation of, 86, 91-92; parts 
 of, 86-87; bills of rights, 87; de- 
 velopment of, 90-91; amendment 
 of, 91-93; authority of, 93, 117; 
 interpretation of, 124-125; limita- 
 tions upon legislative power, 102; 
 individual rights under, 144. 
 
 Constitutional Convention, the, 216- 
 222, 446. 
 
 Constitutionality of legislation, pow- 
 er of State courts to decide, 124- 
 125; power of federal courts, 220, 
 336-337, 373-374. 
 
 Consuls, appointment and tenure, 
 404; classes and salary, 404; du- 
 ties and privileges, 405. 
 
 Contested elections, in Congress, 
 268. 
 
 Continental Congress, First, 209; 
 Second, 209-210. 
 
 Continental currency, 371. 
 
 Contract labor, exclusion of, 385. 
 
 Contracts, obligation of, 242. 
 
 Convention of 1787, 216-222, 446. 
 
 Conventions, party, 450; local, 456- 
 457; State, 457-459; national, 
 460-463. 
 
 Conventions, State constitutional, 
 230-233. 
 
 Copyrights, 438^39. 
 
 Coroner, 20, 26, 34. 
 
 Corporate colonies, 74-75. 
 
 Corporations, characteristics and 
 development of, 162-163; State 
 regulation ef, 163-166; method of 
 organization, 163; banks, 164; in- 
 surance companies, 164; railroads. 
 
 164-165; industria Icombinations 
 and trusts, 165-166; quasi-pubhc 
 corporations, 69-70, 137; taxation 
 of, 200; federal control of, 390-393. 
 See Banks, Railroads, Trusts. 
 
 Council, city, decline of, 43 ; relation 
 to mayor, 54-55; size of, 50; num- 
 ber of chambers, 50; election of 
 members, 50; powers of, 51-53; 
 qualifications, term and salary of 
 members, 50; procedure in, 53— 
 54. 
 
 Council, in colonial cities, 41. 
 
 Councils, executive, 76, 108, 254. 
 
 Counterfeiting, 441-442. 
 
 County, development of, in England, 
 17-18; in New England, 19; at the 
 South, 19-20, 26; present county 
 government ;n New England, 
 25-26; origin of, in Central States, 
 32-33; officers of, 26, 34-35; com- 
 missioners, 26, 32, 167; county 
 court, 20; county lieutenant, 18, 
 20. 
 
 Court, definition of, 122. See Judi- 
 ciary. 
 
 Cremators, 67. 
 
 Crime, in early society, 140; defini- 
 tion of, 141; classification of, 141; 
 causes of, 142; repression of, 142, 
 147-148; criminal procedure, 143; 
 treatment of criminals, 147-148; 
 federal power over crime, 441-444. 
 
 Cuba, 409. 
 
 Cumulative voting in Illinois, 96. 
 
 Currency. See Finance, federal. 
 
 Customs duties. See Tariff duties. 
 
 Debate, in the House of Representa- 
 tives, 277; in the Senate, 277. 
 
 Debt, State and local, 202-204; na- 
 tional, 354-355. 
 
 Declarations of Rights: (1766), 208; 
 (1774), 209. 
 
 Defective classes, care of, 155-156. 
 
 Defendant, in civil cases, 122-123. 
 
 Delaware, 21, 22, 75, 104, 120, 186, 
 168, 181, 215, 223, 250, 262, 409, 
 466. 
 
 Delegates, territorial, 411, 413, 417, 
 418. 
 
 Delinquent taxes, 198. 
 
 Democracy, 4-5. 
 
 Democratic party, 448, 449. 
 
INDEX 
 
 xxvu 
 
 Democratic-Republican party, 447. 
 
 Departments, federal, 312-324; rela- 
 tions with Congress, 279; State 
 departments, 110-112. 
 
 Dependencies. See Territories. 
 
 Deposition, testimony by, 127. 
 
 Des Moines, commission govern- 
 ment in, 46, 57. 
 
 Dilatory motions, 273. 
 
 Dingley Tariflf Act, 382. 
 
 Diplomatic representatives. See Am- 
 bassadors, Foreign affairs. 
 
 Direct legislation, 93, 103. 
 
 Direct nominations. See Nomina- 
 tions. 
 
 Direct taxes, 195, 352. 
 
 Disease, suppression of. See Health, 
 boards of. 
 
 Dispensary system, 137. 
 
 Disputed election of 1876, the, 288- 
 289. 
 
 District attorneys. United States, 
 317, 334. 
 
 Districts, congressional, 260-261. 
 
 District court, 330-331. See Judici- 
 ary, federal. 
 
 District of Columbia, acquisition and 
 government of, 414-415; courts of, 
 334. 
 
 Dollar, coinage of the, 360-363. 
 
 Domain, public, 320-321, 409. 
 
 Dred Scott Case, 337, 418. 
 
 Duties, tariff, as a form of tax, 346- 
 347; as commercial regulations, 
 380-385, 419; internal revenue 
 duties, 315, 348-349. 
 
 Economic functions of State govern- 
 ments, 158-169. 
 
 Education, county superintendent 
 of, 26; in cities, 53, 64-65; State 
 supervision of. 111; State and 
 local systems, 172-184; federal aid 
 to, 183-184, 322; federal bureau 
 of, 184. 
 
 Educational test for immigrants, 
 388; for voters, 466. 
 
 Eight-hour day, 161. 
 
 Elastic clause, 229-230, 282. 
 
 Elections, national. State, and local, 
 465-466, 467-472; separation of 
 State and local, 47, 466; congres- 
 sional, 263; presidential, 287-290; 
 qualifications for voting, 466-467. 
 
 Electoral Commission, 289. 
 
 Electoral Count Bill, the, 289. 
 
 Electors, presidential, 285-288; 464. 
 
 Electric lighting in cities, 68. 
 
 Eleventh amendment, 227. 
 
 Emancipation proclamation, 298. 
 
 Eminent domain, 52, 130, 137. 
 
 Enabling act, 420. 
 
 Engineer, State, 112. 
 
 Envoys. See Ambassadors. 
 
 Epidemics, prevention of. See 
 Health, boards of. 
 
 Equalization, boards of, 197. 
 
 Equity, 115-117. 
 
 Error, writs of, 119, 124. 
 
 Evidence in civil cases, 123; in crim- 
 inal cases, 145. 
 
 Excise taxes, 347-349. 
 
 Exclusive powers, 236, 239. 
 
 Execution, writ of, 124. 
 
 Executive Council, in Porto Rico. 
 416^17. 
 
 Executive councils, 76, 108, 254. 
 
 Executive departments, federal, 312- 
 324. See the several departments. 
 
 Executive sessions of Senate, 254- 
 255. 
 
 Executive, State, in early period, 88; 
 increased powers of, 90; election 
 and term of, 107; qualifications 
 and salary, 107; powers of, 99, 
 107-109; judicial control over, 
 125-126; duties of, under federal 
 constitution, 109; contrast with 
 President's powers, 106. 
 
 Expenditure. See Finance. 
 
 Experiment Stations, agricultural, 
 323. 
 
 Exports, duties on, forbidden, 241, 
 345, 380. 
 
 Ex post facto law, 280. 
 
 Express powers of federal govern- 
 ment, 236, 237, 280-281. 
 
 Extradition, 246. 
 
 Factory inspector. State, 112; fac- 
 tory legislation, 137, 160-162. 
 
 Federal government, 6-7; federal 
 law, supremacy of, 237-238; fed- 
 eral powers, 236-237. See National 
 Government. 
 
 Federalist, The, 223. 
 
 Federalists, the, 446-447. 
 
 Felonies, 141. 
 
INDEX 
 
 "Filibustering," in Congress, 270, 
 273, 277. 
 
 Finance, federal, powers of Congress 
 over, 230; objects of expenditures, 
 341 ; control of expenditures, 342- 
 344; criticisms of financial system, 
 343-344; revenues, 344-345; tax- 
 ing power, 345-346; import duties, 
 346-347; excise taxes, 347-349; 
 income taxes, 337,349-351; direct 
 taxes, 195, 352; borrowing power, 
 352-354; money, 358-366; bank- 
 ing system, 366-369; national 
 debt, 354-355; government pa- 
 per money, 371-374; independent 
 treasury system, 370; pensions, 
 321; 432-433. 
 
 Finance, local, powers of city coun- 
 cil over, 61-52; taxing power of 
 town meeting, 25-30; of county 
 commissioners, 26; general pro- 
 perty tax, 196-199; license and 
 franchise taxes, 201-202. 
 
 Finance, State, definition of, 187; 
 expenditures, 187-189; revenues, 
 190-192; school revenues, 182- 
 183; principles of taxation, 193; 
 classification of taxes, 195; gen- 
 eral property tax, 196-199; other 
 taxes, 199-201; reforms in taxa- 
 tion, 202; State and local debts, 
 203-204. 
 
 Fire department, in cities, 62-63. 
 
 Fire-marshal, State, 112. 
 
 Fish and game laws, 159-160. 
 
 Florida, 120, 136, 176, 178, 179, 181, 
 251. 
 
 Food and dairy commissioner, 112. 
 
 Food products, inspection of, 63, 
 323. 
 
 Foreign affairs, 305-307, 397-405. 
 
 Forestry, scientific, 159, 328. 
 
 Fourteenth amendment, 228. 
 
 France, constitution and govern- 
 ment of, 3, 4, 5, 6, 7, 9, 14, 
 61. 
 
 Franchise, the elective. See Suffrage. 
 
 Franchises, 43, 69-70; taxation of 
 municipal, 43, 201-202. 
 
 Frauds and oppression, prevention 
 of, 138. 
 
 Free coinage, 860-364. 
 
 Free silver, 360-364. 
 
 Free Soil party, 449. 
 
 Free trade, policy of, 383-384. See 
 
 Tariff duties. 
 Full faith and credit clause, 246. 
 Functions of government, 10-12. 
 
 See Government. 
 Fundamental Orders of Connecticut, 
 
 3. 
 
 Gadsden Purchase, the, 230, 408. 
 
 Galveston, commission government 
 in, 45^6. 
 
 Game laws, 159. 
 
 Garbage disposal, 67. 
 
 General property tax, 196-199. 
 
 General staff, the, 317. 
 
 Geneva Arbitration, the, 399. 
 
 Geologist, State, 112. 
 
 Georgia, 75, 95, 136, 178, 179, 181, 
 223, 248, 251, 466. 
 
 Germany, constitution of, 3; form of 
 government, 5, 6, 7, 61. 
 
 Gerrymander, 261. 
 
 Gold, coinage of, 360-365. 
 
 Gorman- Wilson Tariff Act, 382. 
 
 Government, definition of, 3; classi- 
 fication and characteristics of, 4-9; 
 characteristics of American, 9-10; 
 essential and optional functions of, 
 10-12; distribution of powers of, 
 7-8; checks and balances in, 8-9, 
 89; presidential, 9; parliamentary, 
 9; representative, 6, 9, 16; rural, 
 14-36; municipal, 38-71; State, 
 74-204; federal, 208-444. See 
 States, Local government. Na- 
 tional government. 
 
 Governor. See Executive, State. 
 
 Grand jury, 118, 143. 
 
 Great Britain, constitution of, 3; 
 form of government, 5, 6, 8, 9, 14; 
 relations with North American 
 colonies, 77-83. 
 
 Greenback party, 449. 
 
 Greenbacks, 365, 371-374. 
 
 Gresham's Law, 360-861. 
 
 Guam, 408, 415. 
 
 Guardians, appointment of, 120. 
 
 Habeas corpus, 119, 143, 298. 
 Hague Court, the, 401. 
 Hamilton, Alexander, 215, 217. 
 Harbors, improvement of, 379-380. 
 Hawaii, 259, 408, 436; government 
 of, 416. 
 
INDEX 
 
 XXXK 
 
 Health, county board of, 35; city 
 department of, 63, 134; State 
 boards of, 63, 134. 
 
 High schools, 174-175. 
 
 Highways, public, 166-167. 
 
 Holy Alliance, the, 399. 
 
 Home rule, municipal, 44-45. 
 
 Homestead Act, 321. 
 
 Hospitals, 155-156. 
 
 House of Representatives, residence 
 of members, 232; apportionment, 
 259-260; gerrymander, 261; elec- 
 tions to, 262-263; term and quali- 
 fications of members, 264; rights 
 and privileges of members, 265; 
 special powers of the House, 265, 
 289-290; Speaker of, 232, 270-274; 
 debate in, 277; committees of, £32, 
 274-276; committee on rules, 274. 
 See Congress, United States. 
 
 House of Representatives (in State 
 governments). See Legislature, 
 State. 
 
 Hundred, 16. 
 
 Idaho, 104, 161, 181, 251, 467. 
 
 LHnois. 29, 31, 32, 96, 108, 119, 161, 
 157, 168, 176, 178, 409, 467. 
 
 Immigration, 385-388; State com- 
 missioner of, 112. 
 
 Impeachment, State process of, 110; 
 federal process of, 255-256. 
 
 Imperialism, Great Britain's policy 
 of, 78; issue of, in American poli- 
 tics, 449. 
 
 Implied powers, of federal govern- 
 ment, 229-230, 282, 446-447. 
 
 Import duties, 241, 346-347. 
 
 Inauguration, presidential, 291. 
 
 Income tax. State, 201; federal, 337, 
 349-351. 
 
 Incorporation, of cities, 40, 42; of 
 business corporations, 163-164. 
 
 Independence, Declaration of, 83- 
 84. 
 
 Independent voting, 452, 465. 
 
 Indeterminate sentence, 146. 
 
 Indian affairs, 321-322. 
 
 Indiana, 29, 32, 108, 136, 151, 159, 
 161, 168, 176, 178, 181, 261, 409, 
 466. 
 
 Indictment, 111, 143. 
 
 Individual rights, protection of, 
 240-241. 
 
 Indoor relief, 153-154. 
 
 Inferior officers, of federal govern- 
 ment, 302. 
 
 Information, 111, 143. 
 
 Inheritance tax. State, 200. 
 
 Initiative, in State government, 93, 
 103. 
 
 Injunction, writ of, 119, 126 
 
 Insane, care of, 156. 
 
 Insular Cases, the, 419. 
 
 Insular territories. See Territories. 
 
 Insurance, regulation of, 164; State 
 commissioner of, 112. 
 
 Intention, declaration of, 435. 
 
 Interior, Department of, 319-322. 
 
 Internal improvements, 379-380. 
 
 Internal revenue duties, 347-349; 
 commissioner of, 315. 
 
 International law, 396 ; offenses 
 against, 442. 
 
 International relations, 305-307, 397- 
 405, 
 
 Interpretation, constitutional. See 
 Constitutionality of legislation. 
 
 Interstate commerce. See Commerce. 
 
 Interstate Commerce Commission, 
 324, 391-392; Federal Trade Com- 
 mission, 393. 
 
 Interstate relations, 245-246. 
 
 Intervention, federal, 299-300. 
 
 Intolerable Acts, the, 82-83. 
 
 Inventions, patents for, 439-440. 
 
 Iowa, 29, 30, 31, 151, 178, 181, 251, 
 467. 
 
 Irrigation, 322. 
 
 Isthmian Canal, the, 380, 409, 412. 
 
 Italy, constitution and government 
 of, 3, 6, 9, 14. 
 
 Jails, 146. 
 
 Japanese laborers, exclusion of, 386. 
 
 Jefferson, Thomas, 84. 
 
 Johnson, Andrew, 256, 309. 
 
 Journals, legislative: State, 97, con- 
 gressional, 269. 
 
 Judges, county, 26, 34; police, in cit- 
 ies, 56, 57; State judges, choice 
 and tenure of, 120; salary and 
 qualifications of, 120-121; duties 
 of, 123; federal, «ee Judiciary, fed- 
 eral. 
 
 Judiciary, State, in early period, 89; 
 development of, 115-116; inferior 
 courts, 118; courts of general 
 
INDEX 
 
 original jurisdiction, 118; courts 
 of last resort, 119; special State 
 courts, 119; probate courts, 119; 
 selection, tenure, qualifications, 
 and salary of judges, 120-121; 
 subordinate officers of courts, 121; 
 procedure in civil cases, 122-124; 
 power to decide upon constitu- 
 tionality of legislation, 124-125; 
 control of executive officials, 125- 
 126 ; relation to federal courts, 
 126; interstate judicial relations, 
 127; writs of injunction and man- 
 damus, 126. 
 
 Judiciary, federal, relation to State 
 courts, 126; limitations of power 
 by eleventh amendment, 227; es- 
 tablishment and organization of, 
 327-328; jurisdiction of, 328-330; 
 appointment, term, and compensa- 
 tion of judges, 328; district courts, 
 331; circuit court, 331; circuit 
 court of appeals, 332; Supreme 
 Court, 332-333; special courts, 
 333-334; territorial courts, 413- 
 418; interpretation of laws by, 
 335-337; power to decide consti- 
 tutionahty of legislation, 220, 336- 
 337, 373-374. 
 
 Jurisdiction, original and appellate, 
 118. 
 
 Jury, petit, 123, 144-145 ; grand jury, 
 118, 143. 
 
 Justice, Department of, 317-318. 
 
 Justices of the peace in Southern 
 colonies, 20, 32, 35; mayor's pow- 
 ers as, 56; justices' courts, 118. 
 
 Juvenile courts, 148. 
 
 Kansas, 20, 31, 136, 145, 151, 159, 
 
 178, 181, 251, 466, 467. 
 Kentucky, 119, 181, 251, 467. 
 Know Nothing party, 449. 
 
 Labor, State legislation concerning, 
 137, 160-162; prison labor, 147; 
 Department of Labor, 324. 
 
 Lands, public, of State governments, 
 158-159; of federal government, 
 320-321, 409. 
 
 Lands and forests. State commis- 
 sioner of, 112. 
 
 Larceny, 143- 
 
 Law, common, 115-117; private, 100; 
 administrative, 100; our system 
 of, 117; enforcement of, 132-133; 
 civil procedure, 122-124; criminal 
 procedure, 143; martial law, 298, 
 432; international law, 396, 442. 
 
 Lawlessness, suppression of, 132- 
 133. 
 
 Legal-Tender Decisions, 337. 
 
 Legislation, State, process of, 98- 
 99; special, for cities, 43-45; gov- 
 ernor's veto upon, 99; scope of, 
 100; limitations upon, 101-102; 
 unconstitutional, 124-125, 336- 
 337. 
 
 Legislation, federal. See Congress. 
 
 Legislature, State: early period, 88, 
 decline of, 90; proposal of consti- 
 tutional amendments by, 92; two 
 houses of, 95-96; election districts 
 for, 95; minority representation 
 in, 95; members, qualifications, 
 term, and salary, 96; privileges ol 
 members, 97; sessions of, 96-97; 
 process of legislation, 98-99; com- 
 mittees of, 97, 98; journal, 98; 
 powers of, 100; Umitations upon 
 powers, 101-102; governor's veto, 
 99; relation to governor, 108. 
 
 Legislature, municipal. See Council. 
 
 Legislature, federal. See Congress. 
 
 Liberal construction, 229-230, 282. 
 
 Liberal party, 448, 449. 
 
 Libraries, city, 65; State librarian, 
 112. 
 
 License taxes, 201. 
 
 Lieutenant-Governor, 97, 109, 110. 
 
 Lighting, public, in cities, 68. 
 
 Lincoln, Abraham, 230. 
 
 Liquor traffic, regulation of, 136- 
 137. 
 
 Loans. See Borrowing power. 
 
 Local government, 7; relation of, to 
 State governments, 14; origin of, 
 14-22, 38-47; centrahzed and de- 
 centralized systems of, 14; dual 
 character of, 4; classification of, 
 15; rural local governments, 14- 
 22, 24-35; origin of, in New Eng- 
 land, 18-19; at the South, 19-21; 
 contrast between New England 
 and Southern systems, 21; devel- 
 opment of, in the Middle States, 
 22; present system of, in New 
 
INDEX 
 
 xxxi 
 
 England, 24-26; in the West, S5; 
 
 township-county systems of, 27- 
 
 35; functions of, 7, 24-35, 61-71. 
 Local option, 136. 
 Louisiana, 27, 117, 119, 120, 159, 
 
 161, 178, 179, 181, 251, 262, 466, 
 
 467. 
 Louisiana Purchase, the, 230, 407. 
 
 McCuUoeh V. Maryland, 337. 
 
 McKinley Tariff Law, 382. 
 
 Machine, the party, 451-452. 
 
 Madison, James, 217, 222, 223. 
 
 Mail matter. See Postal service. 
 
 Maine, 104, 120, 136, 145, 159, 176, 
 178, 180, 181, 262, 263, 466. 
 
 Mandamus, 111, 119, 126. 
 
 Manor, 16. 
 
 Manual training, 175. 
 
 Marbury v. Madison, 336. 
 
 Mark, the German, 15. 
 
 Marque and reprisal, letters of, 242, 
 425. 
 
 Marshals, federal, 298, 334. 
 
 Martial law, 298, 432. 
 
 Maryland, 21, 22, 75, 108, 120, 169, 
 167, 168, 174, 179, 181, 210, 215, 
 223, 251, 285, 409. 
 
 Massachusetts, 57, 62, 75, 83, 91, 95, 
 107, 113, 120, 136, 148, 151, 159, 
 161, 174, 178, 180, 181, 201, 209, 
 223, 262, 409, 466, 467. 
 
 Mayor, in colonial cities, 41 ; in Brit- 
 ish dties, 41; in United States: 
 election, term, and salary, 54; 
 powers, 54-56; the "responsible" 
 mayor, 56. 
 
 Mercantile colonial system, 80-81. 
 
 Message, mayor's, 55; governor's, 
 108; President's, 307-308. 
 
 Metric system, 441. 
 
 Merit system. See Civil Service. 
 
 Mexican cessions, 408. 
 
 Mexican War, 230, 398. 
 
 Michigan, 29, 30, 31, 136, 145, 148, 
 159, 161, 168, 175, 176, 178, 181, 
 251, 409, 466, 467. 
 
 Middle States, development of local 
 government in, 22. 
 
 Military Academy, United States, 
 316. 
 
 Military functions, of federal gov- 
 ernment, 424-433; military ofS- 
 cers, 427-428, 431; militia, 132- 
 
 133, 297, 299, 429-430; navy, 
 
 430-431; pensions, 432-433; miU- 
 
 tary sites, 415. 
 Military powers, of sheriff, 34; of 
 
 mayor, 56; of governor, 108; of 
 
 President, 297-299. 
 Militia, 132-133, 297, 299, 429. 
 Milwaukee, 67. 
 
 Ministers, foreign. See Ambassadors. 
 Mmnesota, 29, 30, 31, 151, 159, 161, 
 
 174, 176, 178, 180, 181, 467. 
 Minority representation, 95. 
 Mints, federal, 316-316. 
 Misdemeanors, 141. 
 Mississippi, 120, 136, 179, 181, 251, 
 
 262, 466. 
 Mississippi River, improvement of, 
 
 380. 
 Missouri, 29, 35, 104, 119, 161, 178, 
 
 181, 251, 466. 
 Monarchy, 4, 5. 
 Money. See Finance, federal; Mints, 
 
 federal. 
 Monometallism, 364-365. 
 Monopolies, municipal, 69-71 ; State 
 
 control of, 165-166; capitahstic. 
 
 166; federal control of, 390-393. 
 Monroe Doctrine, the, 399-400. 
 Montana, 104, 161, 181, 260, 467. 
 Montesquieu, 8, 15, 211. 
 Morals, public, protection of, 135. 
 Morris, Gouverneur, 221, 
 Mortgage tax, 199. 
 Municipality. See City. 
 
 Nation, definitions of, 3. 
 
 National banks, 352, 369-370. 
 
 National committees, of political 
 parties, 450, 460, 462. 
 
 National conventions, call, 460; pro- 
 cedure in, 461-463. 
 
 National government, sphere of act- 
 ivity, 7; relation to States, 235- 
 239; limitations on powers of, 
 240-242. See Congress, President, 
 Judiciary, Government (federal), 
 Executive departments, etc. 
 
 National guard. See Militia. 
 
 Naturalization, 436-437. 
 
 Natural resources, preservation of, 
 169, 323. 
 
 Naval Academy, United States, 184, 
 319, 431. 
 
 Naval stations and yards, 319, 430. 
 
INDEX 
 
 Navigation, 168, 378-379; Acts of 
 Navigation and Trade, 81. 
 
 Navy, Department of, 319, 430-431. 
 
 Nebraska, 29, 31, 108, 176, 178, 181, 
 250, 251, 466, 467. 
 
 Neutrals, rights of, 397-399. 
 
 Nevada, 35, 176, 181, 251, 286. 
 
 New England Confederation, 208. 
 
 New England, town government of. 
 
 New Hampshire, 75, 86, 91, 120, 136, 
 153, 169, 178, 180, 181, 223, 262, 
 466, 467. 
 
 New Jersey, 22, 75, 86, 107, 108, 119, 
 120, 159, 161, 168, 178, 180, 181, 
 201, 215, 223, 251, 409, 467. 
 
 New Jersey plan, in Constitutional 
 Convention, 217, 220. 
 
 New Mexico, 259, 436; territorial 
 government of, 413-^14. 
 
 New Orleans, 57. 
 
 New York, 22, 29, 30, 31, 57, 62, 75, 
 108, 113, 119, 120, 136, 151, 158, 
 159, 161 168, 178, 180, 181, 201, 
 210, 213, 215, 222, 223, 262, 286, 
 409, 467. 
 
 Nominations, methods of, 455 ; local, 
 455-456; State, 457-459, 464-465; 
 presidential, 460^63; direct, 452, 
 464—465; by petition, 465. 
 
 North Carolina, 27, 75, 99, 108, 136, 
 159, 178, 179, 181, 201, 223, 262, 
 466. 
 
 North Dakota, 29, 30, 31, 117, 136, 
 159, 178, 181, 251, 467. 
 
 North German Confederation, 6. 
 
 Northwest Territory, history of, 409- 
 411. 
 
 Notes, United SUtes, 360, 371-374; 
 treasury holes, 360, 362, 371; na- 
 tional bank notes, 360, 369; State 
 bank notes, 368-369. 
 
 Oath of office, presidential, 291. 
 
 Officers, State: elective, 106-111; 
 appointive, 111-113; federal, ap- 
 pointive, 231, 300-305. 
 
 Ohio, 29, 30, 31, 51, 57, 62, 148, 151, 
 161, 168, 176, 178, 181, 183, 409, 
 467. 
 
 Oklahoma, 104, 136, 180, 201, 251, 
 260. 
 
 Order, preservation of, 132-133. 
 
 Ordinance of 1784, 410; Ordinance 
 
 of 1785, 28; Ordinance of 1787. 
 
 410^11. 
 Ordinances, municipal, 53-54. 
 Oregon, 35, 103, 169, 181, 250, 251, 
 
 263, 408, 466, 467. 
 Outdoor relief, 153. 
 Overseers of highways, 32, 167. 
 Overseers of the poor, 31. 
 
 Panama Canal, 380, 409, 412. 
 
 Paper money. See Notes. 
 
 Pardons, governor's power over, 108; 
 President's power over, 309. 
 
 Parish, in England and New Eng- 
 land, 16; in Southern colonies, 21, 
 
 Parks, city, 66. 
 
 Parliamentary government, 9, 249. 
 
 Parties, political, functions of, 445- 
 446; origin of, 446; history of, 446- 
 449; organization of, 450-452; 
 party issues, 4^6-449; party plat- 
 forms, 458, 462. See Conventions, 
 party. 
 
 Party system, influence of, upon 
 government, 233; upon election 
 of Senators, 251-252; upon elec- 
 tion of President, 290-291. 
 
 Patents, 321, 439-440. 
 
 Patriarchal theory, 1. 
 
 Patronage, federal, 303-304. 
 
 Paving, in cities, 67. 
 
 Payne-Aldrich Tariff Law, 383. 
 
 Peace and order, maintenance of- 
 132-133. 
 
 Penitentiaries, 146. 
 
 Pennsylvania, 75, 95, 108, 119, 120, 
 126, 146, 158, 159, 168, 178, 180, 
 181, 201, 215, 223, 248. 
 
 Pensions, military, 321, 432^33. 
 
 People's party, 449. 
 
 Personal property taxes, 196-199, 
 202. 
 
 Petition, nomination by, 465; right 
 of petition, 240. 
 
 Philippines, 259, 408, 436; govern- 
 ment of, 417-418. 
 
 Piracy, 442. 
 
 Plaintiff, in civil cases, 122-123. 
 
 Platform, party. See Parties, polit- 
 ical. 
 
 Playgrounds, municipal, 65, 66. 
 
 Pleadings, 122. 
 
 "Pocket- veto," by the governor, 99; 
 by the President, 309. 
 
INDEX 
 
 Police administration in cities, 61- 
 62, 118. 
 
 Police power, of city council, 51; of 
 State governments, 129-138; de- 
 finition of, 129; characteristics of, 
 130-131; of federal government, 
 131. 
 
 Politics. See Parties. 
 
 Poll tax, 201. 
 
 Polygamy, 420. 
 
 Pools, 165, 391-392. 
 
 Poor, overseers of, 31 ; poor relief in 
 cities, 53, 66, 153. 
 
 Popular election of Senators, 251. 
 
 Porto Rico, 259, 408, 436; govern- 
 ment of, 416^17. 
 
 Posse comitatus, 132. 
 
 Postal savings banks, 319. 
 
 Post Office Department, 318-319; 
 postal system, 389. 
 
 Poverty, causes of, 152-153. 
 
 Powers, division of, between federal 
 and State governments, 7, 235- 
 236; between State and local gov- 
 ernments, 7; legislative, executive, 
 and judicial, 8, 89. 
 
 President, origin of office, 22, 285; 
 inauguration, 224; political usages 
 affecting, 231-232, 290-291; rela- 
 tions of, to Congress, 278-279 ; elec- 
 tion of, 285-291 ; term, salary, and 
 qualifications of, 290-292; military 
 powers of, 297-299; diplomatic 
 powers of, 304-307; legislative 
 powers of, 307-309; judicial pow- 
 ers of, 309-310; veto power of, 278, 
 308-309; powers of appointment 
 and removal, 300-301; nomina- 
 tion of candidates for, 460-463; 
 succession to Presidency, 293; 
 electors, presidential, 285-288, 
 290, 464. 
 
 President pro tempore of Senate, 270. 
 
 Presidential government, 9. 
 
 Press, freedom of, 240. 
 
 Previous question, in House of Re- 
 presentatives, 277. 
 
 Primary, party, 455-456. 
 
 Printing, State superintendent of, 
 112; federal printing-office, 324. 
 
 Prisons and prison methods, 146- 
 147. 
 
 Private law, 100. See Law. 
 
 Privateering, 425. 
 
 Private rights, under federal consti- 
 tution, 240-241. 
 
 Privileges and immunities of citi- 
 zens, 245. 
 
 Privileges, of States in the Union, 
 243. 
 
 Privy Council, Briliish, 115. 
 
 Prize courts, 425-426. 
 
 Probate courts, 119. 
 
 Probation officers, 148. 
 
 Procedure, civil, 122-124; crimin?.!, 
 143. 
 
 Procedure, in city councils, 53-54; 
 in State legislatures, 96-99; in 
 Congress, 276-279. 
 
 Proclamations, presidential, 298, 
 307. 
 
 Progressive taxation, 201. 
 
 Prohibition laws, 131, 136; Prohibi- 
 tion party, 449. 
 
 Prohibitions, upon State govern- 
 ments, 241-242; upon the federal 
 government, 240-242. 
 
 Property, protection of, 122. 
 
 Proportional representation, 96. 
 
 Proprietary colonies, 75. 
 
 Prosecution of criminals. See Crime. 
 
 Protection. See Tariff duties. 
 
 Public acts, proving, 246. 
 
 Public domain, 320-321, 409. 
 
 Public works. State superintendent 
 of, 112, 168. 
 
 Punishment, theories of, 145-146. 
 
 Puritans, 18, 20. 
 
 Qualifications for suffrage, 466-467. 
 Quarantine, 323. See Health, boards 
 
 of. 
 Quartermaster-General, 317. 
 Quorum, in State legislature, 98; in 
 
 Congress, 269-270; 273. 
 Quo warranto. 111, 119. 
 
 Railroads, State regulation of, 164- 
 165, 391; federal regulation of, 
 391-392. 
 
 Railways, street, 68-69. 
 
 Rates, railway. See Railroads. 
 
 Real estate, tax on, 196-199. 
 
 Recall, 46, 54; 110, note 1. 
 
 Reciprocity, treaties of, 382. 
 
 Reclamation service, 322. 
 
 Reconstruction, theories of, 421; re- 
 construction amendments, 228. 
 
INDEX 
 
 Recorder, county, 26, 35. 
 
 Recreation, in cities, 65-66. 
 
 Referendum, State, 93, 103. 
 
 Reformatories, 148. 
 
 Registration, ieT-lGS. 
 
 Registry mail service, 318. 
 
 Religion, freedom of, 240. 
 
 Removal, President's power of, 302- 
 303; governor's power of, 108. 
 
 Representation, American and Brit- 
 ish theories contrasted, 79-80. 
 
 Representative government, 4-5, 16. 
 
 Representatives, House of. See 
 House of Representatives. 
 
 Reprieve, 310. 
 
 Republican party, origin of, '448-449; 
 policies of, 449. 
 
 Requisition, governor's power to is- 
 sue writs of, 109. 
 
 Reservations, Indian, 322. 
 
 Reserves, forest, 159, 322. 
 
 Responsibility, oflScial, of mayor, 
 45, 47, 55-56; of governor, 106- 
 107; of President, 296-300, 309. 
 
 Resumption of specie payments, 362, 
 372-373. 
 
 Revenues. See Finance. 
 
 Revolution, the American, 78-84, 
 209-210. 
 
 Rhode Island, 75, 86, 107, 120, 136, 
 145, 178, 180, 181, 213, 223. 
 
 "Riders" in legislation, 279. 
 
 Rights, protection of individual, 121, 
 122, 144. 
 
 River and harbor improvements, 
 379-380. 
 
 Roads, overseers of, 26, 32; construc- 
 tion and maintenance of roads, 
 166-167. 
 
 Robbery, 142, 442. 
 
 Royal colonies, 74, 75. 
 
 Rules, of House of Representatives, 
 270-274, 277; of Senate, 275; com- 
 mittee on, 274. 
 
 Russia, form of government of, 5, 6. 
 
 Safety, public, preservation of, 134. 
 
 Salaries. See the several offices. 
 
 Samoa, 409, 415. 
 
 Sault Ste. Marie Ship Canal, 168. 
 
 Savings banks, postal, 319. 
 
 School district, in Central States, 
 
 41.. 
 Schools, public. See Education. 
 
 Secession, 421. 
 
 Secretaries, federal. See the several 
 federal departments (State, War, 
 Navy, etc.). 
 
 Sections of townships, 28. 
 
 Selectmen, town, 25. 
 
 Senate, State, 96. 
 
 Senate, United States, origin of, 
 248-249; representation in, 249; 
 election of Senators, 249-252; 
 term, 252; vacancies in, 109; qual 
 ifications of Senators, 252; righti 
 and privileges of members, 253; 
 legislative powers, 253; executive 
 functions, 254; senatorial courtesy, 
 
 231, 254-255, 301; judicial powers, 
 255-256; deadlocks, 250; presid- 
 ing officer, 270. See Congress. 
 
 Separation of powers, 8, 89, 296-297 
 Sessions, regular and special, of city 
 
 council, 53; of State legislature, 
 
 97; of Congress, 267. 
 Sewerage systems, 67. 
 Shays' RebeUion, 213, 215. 
 Sheriff, in England, 17; in United 
 
 States, 20, 26, 34, 121, 122, 132. 
 Sherman Anti-Trust Act, 392-393. 
 Shire, origin and government of, 
 
 17-18. 
 Silver certificates, 360, 366. 
 Silver, coinage of, 360-365; purchase 
 
 of, 362. 
 "Slates," political, 451. 
 Slavery, abolition of, 228; slave trade, 
 
 219. 
 Smithsonian Institution, 324. 
 Socialist and Socialist-Labor parties, 
 
 449. 
 Solicitor, city, 56. See Attorney, 
 
 prosecuting. 
 South Carolina, 75, 86, 120, 137, 179, 
 
 181, 201, 223, 251, 262, 466, 467. 
 South Dakote, 29, 30, 31, 35, 104. 
 
 117, 178, 181, 251, 466, 467. 
 Sovereignty, definition of, 2. 
 Spain, government of, 6. 
 Spanish-American War, 230. 
 Speaker of House of Representatives, 
 
 232, 270-274. 
 
 Special assessments, 191-192. 
 Special legislation for cities, 43-45. 
 Special sessions, of city council, 53; 
 
 of State legislature, 97 ; of Congress, 
 
 267, 307. 
 
INDEX 
 
 XXXV 
 
 Specie payments, resumption of, 
 362, 372-373. 
 
 Speech, freedom of, 240. 
 
 Spoils system, in State government, 
 42, 47, 112-113; in federal govern- 
 ment. 303. 
 
 Staff, general, 317. 
 
 Stamp Act, 81; Stamp Act Congress, 
 208. 
 
 Standards, bureau of, 324. 
 
 State, definition of, 2; origin of, 1 ; ev- 
 olution of, 2; forms of, 4; secretary 
 of, in commonwealths, 109-110. 
 
 State, Secretary of (federal), 313, 
 314, 403. 
 
 States, origin of, 74-84; constitution 
 of, 86-93; legislative departments 
 of, 95-104; limitations on, under 
 federal constitution, 101-102; 
 executive department, 106-113; 
 judiciary, 115-127; police power 
 of, 129-138; power over crime, 
 140-147; administration of chari- 
 ties, 151-156; control of economic 
 interests, 158-169; control of edu- 
 cation, 172-184; finance, 187-204; 
 interstate and federal relations, 
 235-238, 242-248; sphere of activ- 
 ity, 7, 248; admission to Union, 
 91, 420-421; rural local govern- 
 ment in, 14-35; city government 
 in, 38-71. 
 
 Streets, city, 66-67. 
 
 Strict construction, 447. 
 
 Strikes, 161. 
 
 Subpoena, 122. 
 
 Subsidies, ship, 379. 
 
 Succession, presidential, 292. 
 
 Suffrage, qualifications for, 466-467. 
 
 Superintendent of schools, in cities, 
 65, 180; State superintendent or 
 commissioner, 109, 111, 181. 
 
 Supervisor, township, 31; county, 33. 
 
 Supreme court. State, 119; judges 
 of, 120; appeal to, from lower State 
 courts, 126. [ 
 
 Supreme Court, United States, 332- 
 333. See Judiciary, federal; also 
 Constitutionality of legislation. 
 
 Surrogate, county, 26. 
 
 Surveyor, county, 35; State, 112. 
 
 Surveys, public land, 28. 
 
 Swiss Confederation, 6. 
 
 Switzerland, government of, 6, 7. 
 
 Tariflf duties, as a form of tax, 346- 
 347; as commercial regulations, 
 380-385; insular tariflEs, 419. 
 
 Taxation. See Finance. 
 
 Tax commissioner. State, 112. 
 
 Teachers, employment and certifica- 
 tion of, 181. See Education. 
 
 Temperance legislation, 136-137. 
 
 Tennessee, 136, 178, 179, 180, 181, 
 201, 251, 467. 
 
 Tenure of Office Act, 302. 
 
 Territories, power of Congress con- 
 cerning, 407, 418-419; territorial 
 acquisitions, 407-409; early terri- 
 torial legislation, 409-411; gov- 
 ernment of territories, 412-418; 
 admission of new States, 418-421. 
 
 Texas, 181, 183, 251, 436, 466. 
 
 Text-books, 181. 
 
 Third term doctrine, 291. 
 
 Thirteenth amendment, 228. 
 
 Titles of nobiUty, forbidden, 242. 
 
 Tonnage tax, 378-379. 
 
 Torts, 122, 140. 
 
 Towns, origin of, 15-16, 18-19; es- 
 tablishment of, in New England, 
 18 ; characteristics of, in early New 
 England, 19; general features of, 
 in New England, 24; government 
 of, 24-25; town-meeting in New 
 England, 19, 24-25; in the Cen- 
 tral States, 30. 
 
 Townshend Acts, 81. 
 
 Township, origin of in Middle West, 
 27-28; officers in Central States, 
 30-31; board, 31; township-county 
 system, 22, 28, 29. 
 
 Trade. See Commerce. 
 
 Trade-marks, 169, 440; Trade-mark 
 Cases, 337, 440. 
 
 Trades and callings, regulation of, 
 135-136. 
 
 Treason, 141, 443. 
 
 Treasurer, county, 26, 34; township, 
 31; city, 59; State, 109, 110, 111. 
 
 Treasury, federal department of, 
 314-316. 
 
 Treaties, power over, 254, 306-307. 
 
 Trials, judicial. See Procedure, civil 
 and criminal. 
 
 Trustees, township, 31. 
 
 Trusts, State regulation of, 165-166; 
 federal regulation of, 392-393. 
 
 Twelfth amendment, 227. 
 
INDEX 
 
 Two-thirds rule, 462. 
 
 Unconstitutional legislation. See 
 Constitutionality of legislation. 
 
 Undervaluation of property, 196. 
 
 Union, colonial plans of, 208. 
 
 Unit rule, 462. 
 
 Universal Postal Union, 319. 
 
 Universities and colleges, 175-177. 
 
 Unwritten constitution of the United 
 States, 230-233. 
 
 Urban. See City. 
 
 Utah, 104, 161, 179, 181, 183, 467. 
 
 Vagrants, 154. 
 
 Verdict of jurv, 123, 145. 
 
 Vermont, 95, i08, 120, 136, 178, 180, 
 181, 248, 263, 466, 467. 
 
 Vestry-meeting, in England, 16; in 
 Southern colonies, 21. 
 
 Veto-power, of mayor, 55 ; of govern- 
 or, 99, 108; of President, 278, 308- 
 309; of territorial governor, 413. 
 
 Vice-President, electioD of, 287-288; 
 salary and functions, 292-293. 
 
 Villages, 15. 
 
 Virginia, 27, 75, 84, 120, 168, 176, 
 180, 181, 201, 209, 210, 215, 222, 
 223, 251, 262, 409, 467. 
 
 Virginia plan, in Constitutional Con- 
 vention, 213, 220. 
 
 Volunteers, army, 427. 
 
 Voting, methods of, in Congress, 
 278; quahfioations for, 466-467; 
 registration, 467-468; casting and 
 counting ballots, 471-472. 
 
 War, Department of, 316-317; pow- 
 ers of President and Congress, 230, 
 
 297-298, 424-426; declaration of 
 
 war, 425. See Military functions, 
 
 MiUtia. 
 War of 1812, 398; other American 
 
 wars, 424. 
 Warrants, police, 142-143. 
 Washington, D. C, government of, 
 
 414-415; street-plan of, 67. 
 Washington (State), 35, 181, 251, 
 
 262, 466, 467. 
 Washington, George, 216, 222, 224, 
 
 399, 403, 446. 
 Wastes, disposal of, 67. 
 Water supply, city, 68. 
 Waterways, 168. 
 Ways and Means Committee, in 
 
 House of Representatives, 342. 
 Weather bureau, work of, 323. 
 Weights and measures, State super- 
 intendent of, 112; regulation of. 
 
 168; 169, 390, 440-441. 
 Western land cessions, 409. 
 West Point, 184, 428. 
 West Virginia, 27, 120, 169, 176. 
 Whig party, 448. 
 White House, the, 291, 292. 
 Wilson Tariff Law, 382. 
 Wills, probate of, 119. 
 Wisconsin, 29, 30, 31, 67, 113, 145, 
 
 151, 159, 161, 174, 175, 176, 178, 
 
 181, 251, 409, 466, 467. 
 Woman's suffrage, 467. 
 Work-houses, 146. 
 Working-classes. See Labor. 
 World power. United States as a, 
 
 400-401. 
 Wrongs, redress of, 122-124. 
 Wyoming, 86, 176, 181, 262, 466, 
 
 467. 
 
ESSENTIALS OF GOVERNMENT IN 
 NEW YORK STATE 
 
 BY 
 
 MILTON J. FLETCHER 
 
 Principal 0/ the Jameatovm, N. Y., High School 
 
 In this volume. State and local governments are treated 
 so comprehensively — pages 14 to 206 — that a brief out- 
 line of government in New York State, with references, will 
 prove sufficient. The following outline, therefore, has been 
 prepared with three purposes in view: (1) to give the stu- 
 dent in brief compass the framework and essential facts of 
 government in his own State; (2) by a system of references 
 to the main text of this book and to the New York consti- 
 tution to enable the student to build upon the framework 
 given as his time may permit; (3) to train the student's 
 judgment by leaving him to select by aid of references those 
 facts and principles required to expand the outline here 
 presented. This involves considerable comparison of his own 
 with other State and local governments; and, in view of 
 the full and broad treatment of the subject of civics in the 
 general text of this book, this method should prove more 
 valuable to the student than the study of a fully expanded 
 text. This outline has been carefully prepared to meet 
 the Regents' requirements. 
 
 M. J. F. 
 
CONTENTS 
 
 I. The CoNSTiTtrTioN op the State of New Yobk .... 3 
 
 1. Its history and functions 3 
 
 2. Activities of the State 3 
 
 II. Oboanization of the State Government 4 
 
 3. The Legislative Department 4 
 
 4. State Executive Department 6 
 
 a. The Governor 6 
 
 6. Lieutenant Governor 6 
 
 c. Other state executive and administrative oflScers ... 6 
 
 d. Division of executive powers 8 
 
 e. State Education Department 9 
 
 5. The State Judiciary 11 
 
 III. Instbtiments oe Agencies op Govebnment 13 
 
 6. State finances 13 
 
 7. State control of elections 14 
 
 a. Voters 14 
 
 6. The conduct of elections 14 
 
 u. Safeguarding elections 16 
 
 IV. Local Govebnments 16 
 
 8. The County 16 
 
 9. The Town 18 
 
 10. The School District 19 
 
 11. The City 20 
 
 12. The Village 22 
 
 The Constitution of the State of New Yobk .... 23 
 
ESSENTIALS OF GOVERNMENT IN NEW 
 YORK STATE 
 
 (This outline Is based on the Regents' Syllabus, beginning with the constitution 
 and the State government proper and proceeding to the local goTernments. Ref- 
 erences to sections of the main text of this volume are given by means of num- 
 erals in parentheses : in the references to the $few York Constitution, Roman 
 numerals refer to articles and Arabic numerals to sections.) 
 
 THE CONSTITUTION OF THE STATE OF NEW YORK (ItB, 103. 104) 
 
 1. Its History and Functions. New York's first constitution 
 was framed in 1777 by a, convention of delegates chosen by the 
 people. This constitution has been revised by conventions three 
 times — in 1821, 1846, 1894. The constitution of 1777 was not 
 submitted to the people; each of the three revisions has been rati- 
 fied by the voters. The present constitution went into effect 
 January 1, 1895. 
 
 As the fundamental law of the State, the constitution guaran- 
 tees individual rights (160) ; establishes the legislative, executive, 
 and judicial branches, and defines their powers and duties; regu- 
 lates suffrage; promotes education; safeguards and controls public 
 property and public institutions. 
 
 2. Activities of the State. That the State government 
 touches the daily life of the citizen much more closely than the 
 federal government is shown by what it does. 
 
 a. The State government creates and controls our local govern- 
 ments; says who shall vote; and determines the number, kind, 
 qualifications, and duties of local oflBcers. 
 
 b. It enacts and enforces most laws which regulate the citizen's 
 daily life. These laws govern and control such matters as civil and 
 property rights, corporations, commerce within the State, the 
 liquor business, sanitation, eminent domain, education, taxes, care 
 of the poor, etc. 
 
 REFERENCES 
 
 Origin of State governments (92, 93, 94, 95, 102). Parts of a State con- 
 stitution (103). Bill of rights (104) (I, particularly sects. 1-8). Checks and 
 balances (108). Development of State constitutions (109, 110, 111). Au- 
 thority of State constitution (117). 
 
4 GOVERNMENT IN NEW YORK STATE 
 
 n 
 
 ORGANIZATION OF THE STATE GOVERNMENT 
 
 The State does its work through the usual three organs of gov- 
 ernment — legislative, executive, judicial (11). 
 
 3. The Legislative Department. The lawmaking power of 
 New York is the State legislature, consisting of Senate and As- 
 sembly. The Senate is made up of 50 or more members 
 tea°vies (now 51), the voters of each senatorial district of the 
 
 State electing one member. (See III, 4.) The Assem- 
 bly consists of 150 members, each assembly district choosing one 
 assemblyman (III, 1, 2, S). The advantage of two houses is that 
 each acts as a check on the other, thereby preventing hasty or 
 ill-considered legislation. Reapportionment is made by the legis- 
 lature at the close of each State census (III, 4, 5), at which time 
 only may the boundaries of senate and assembly districts be 
 changed. Any qualified voter may become an assemblyman or 
 senator except as provided in III, 8. Senators are chosen for two 
 years; assemblymen for one year; both receive the same salary 
 $1500 (III, 6). The official year of the State begins January first; 
 the legislature meets annually the first Wednesday in January, 
 and usually remains in session from three to five months. (Compare 
 118, 119.) 
 
 The Assembly chooses its own officers. — 1. The speaker, nomin- 
 ated by a caucus of the members of the majority party, is usually 
 
 elected by a strict party vote. He presides over the 
 Organlzatlan deliberations of the Assembly. He has great influence 
 
 over legislation through his power to appoint the stand- 
 ing committees, to "recognize" members who wish to speak, and 
 because he is chairman of the committee on rules. 2. The clerk 
 keeps the journal of proceedings. 3. The sergeant-at-arms keeps 
 order. 4. Doorkeeper. 5. Librarian and other minor officers. 
 (Compare 120.) 
 
 The Senate has an ex-officio presiding officer — the Lieutenant 
 Governor. He has no vote except in case of a tie. The Senate also 
 
 elects from its own members a president pro tempore. 
 za on j^.g other officers are like in names and duties to those 
 
 of the Assembly. (Compare with organization of Na- 
 tional Congress, 337-341.) 
 
 Most work in each house is done by committees, of which, as in 
 
 Congress (341), there is a large number; e.g., ways 
 ^amg a g^^ means, taxation, education, railroads, agriculture, 
 
 banks, insurance, health, cities, judiciary. After a bill 
 
GOVERNMENT IN NEW YORK STATE 6 
 
 tas been introduced, it is referred to the proper committee for 
 consideration. The debate on a measure in either house takes place 
 after the bill is "reported out of committee." An unfavorable re- 
 port often "kills the bill"; and many bills are allowed to "die in 
 committee" — that is, are never reported at all. The majority 
 party in each house chooses a leader to direct legislation from the 
 floor; the minority party also selects a leader to look after its 
 interests. 
 
 A "bill" is the draft of a proposed law. Any bill may originate 
 in either house, the member who introduces a bill becoming its 
 "sponsor." Having passed one house, a bill is sent to .^^ 
 the other, where it is subject to the same procedure as 
 in the first house. To become law a bill must pass both houses and 
 be signed by the Governor. However, a bill may become a law 
 over the Governor's veto by a two-thirds vote of both houses. 
 Also, if the Governor fails to act on a bill within ten days (Sundays 
 excepted) it becomes a law, unless the legislature adjourns within 
 that time. After the legislature adjourns the Governor has 30 days 
 in which to sign bills, and those which he does not sign do not 
 become laws. The process of making laws is much the same in all 
 the States and in Congress as well (121, 122, 342, 343). (HI, 14, 15; 
 IV, 9.) 
 
 The Assembly alone has the power of impeachment; while the 
 Senate with the judges of the Court of Appeals tries im- j^^^ ^^ 
 peachments. See 5 d. under courts (VI, 13). (Compare gepaxate 
 with 137, 324.) The Senate also confirms or rejects ap- sowers ol 
 pointments by the Governor. (Compare with 134, 370.) *"" =<""■»» 
 The houses jointly elect members of the Board of Regents. 
 
 REFERENCES 
 
 Election of members (III, 9). Quorum, rules (III, 10, 20, 26). Journal, 
 adjournment (III, 11). Privileges of members (III, 12). Appropriation 
 bills (III, 21, 22). Prison labor (III, 29). Private and local bills (III, 16, 
 18). Printing of bills (III, 15). Revision and amendment of the constitu- 
 tion (XIV, 1. 2, 3). Committee of the whole (121). 
 
 4. State Executive Department, a. The Governor. (IV, 1-5, 
 9). He is the Chief Executive of the State, and also has important 
 powers of a legislative and judicial character. As execu- 
 tive he enforces the laws; with consent of the Senate he p^",°g" 
 appoints many officers and boards, and in some cases 
 has the power of removal; he is commander-in-chief of the military 
 and naval forces of the State (XI, 1-6); during the recess of the 
 
6 GOVERNMENT IN NEW YORK STATE 
 
 legislature he may appoint a United States Senator to fill a vacancy 
 pending election; and he has power to fill vacancies in certain State, 
 local and judicial offices (VI, 4, 8, 15). (Compare with national and 
 other State executives, 134, 363-372.) 
 
 The Governor's legislative power is exercised in three ways: 
 1. He sends regular and special messages to the legislature recom- 
 mending certain legislation; and if he is a strong leader, his wishes 
 are usually carried out. 2. He may convene the legislature in extra 
 session, when only measures which he recommends in the call can be 
 considered. 3. He approves or vetoes bills, and may veto separate 
 items in appropriation bills (IV, 9). (Compare with national and 
 other State executives, 135, 136, 343.) 
 
 The Governor's judicial power consists in the right of reprieve, 
 commutation, pardon. (Compare 135, 384.) (IV, 5.) 
 
 Note. For qualifications, term, salary, etc., of the Governor see IV, 2, 3, 4. The 
 legislatures of 1910 and 1911 have each passed bills recommending amendments 
 to the constitution providing for increasing the Governor's salary to $20,000, Sen- 
 ator's to $3500, Assemblyman's to $3000. 
 
 6. The Lieutenant Governor must have the same qualifications as 
 those of the Governor (IV, 2, 7), for he may be called on to act as 
 
 Governor (IV, 6). He is ex-officio president of the Sen- 
 Uentsnant ^^ ^^^^^^ ^^j -^ ^^^ ^^ ^jg (jgg ggQ) ^^j ^^ ^jjg 
 uovernor . , , . _ , tx • 
 
 power to recognize members who wish to speak. He is 
 
 also an ex-officio member of certain boards (V, 5). His term of 
 office is two years, and his salary $5000. 
 
 c. Other State Executive and Administrative officers (V, 1). 
 
 Many officers, boards and commissions ■ — some elected by the 
 voters, others appointed by the Governor with consent of the 
 Senate, assist in the administrative work of the State. 
 
 OFFICERS ELECTED BY THE VOTERS OF THE STATE 
 
 Name, term, 
 salary Chief Powers and Duties 
 
 Secretary of Has charge of the State archives; supervises the print- 
 
 State, 2 yrs. ing and distribution of the laws; keeps the great seal; 
 
 $5000. adminbters the oath to members of the legislature 
 
 (139). 
 
 Comptroller, Audits claims due to or from the State ; superintends the 
 
 2 yrs. $6000. collection of taxes; negotiates loans; issues warrants on 
 
 the Treasurer for the payment of moneys from the State 
 
 treasury (140). 
 
 Treasurer, 2 yrs. Receives from the Comptroller the State moneys and 
 $5000. pays them out on bis warrant (141). 
 
GOVERNMENT IN NEW YORK STATE 
 
 Is the State's lawyer — has charge of all legal pro- 
 ceedings in which the State is interested; he is also the 
 legal adviser of the legislature and other state o£Sceri 
 (U2). 
 
 Must be a "practical civil engineer " (V, 1) ; he has 
 charge of the engineering department of the State ca- 
 nals; also surveys and maps the public lands. 
 
 Note. The above five otBceis are each members of important boards and com- 
 missions {e.g., V, 5). 
 
 Attorney Gen- 
 eral, 2 yrs. 
 $5000. 
 
 State Engineer 
 and Surveyor, 
 2 yrs. $5000. 
 
 OFFICERS APPOINTED BY THE GOVERNOR WITH CONSENT 
 OF SENATE (144) 
 
 Superintendent Enforces all laws relating to the repair and navigation 
 of Public Works, of canals (except so far as such duties are confided to 
 2 yrs. $6000. the State Engineer and Surveyor). He appoints three 
 
 assistants (V, 3). 
 
 Superintendent Has general supervision of banks, loan, trust and 
 of Banks, 3 yrs. mortgage companies doing business in the State; and at 
 $7000. stated times receives reports from these institutions. 
 
 Superintendent 
 of Insurance, 
 3 yrs. $7000. 
 
 Commissioner of 
 Excise, 6 yrs. 
 $7000. 
 
 For the protection of policy holders, he is given super- 
 vision of the insurance companies of the State, and they 
 are required to report to him their financial condition at 
 least once a year. 
 
 Issues liquor tax certificates and collects the tax; also 
 receives and acts upon complaints of violation of the 
 liquor laws. 
 
 Commissioner of Collects statistics concerning wages and condition of 
 Labor, 4 yrs. laborers; enforces factory laws; investigates labor 
 
 $5000. troubles and seeks to bring about a settlement of 
 
 disputes. 
 
 Commissioner Gathers information about farming, such as means of 
 of Agriculture, preventing infectious diseases in farm animals, pro- 
 3 yrs. $4000. tecting plants from insects, etc.; organizes farmers' 
 
 institutes. 
 
 Superintendent Has general supervision of State prisons; appoints 
 of State Prisons, agents, wardens, physicians and chaplains of these 
 6 yrs. $6000. institutions (V, 4). 
 
 Enforces laws for the protection of game and fish; has 
 charge of fish hatcheries; and with the approval of the 
 • Governor may acquire forest lands for the State. 
 
 Forest, Pish and 
 Game Commis- 
 sioner, 4 yrs. 
 $5000 and ex- 
 penses. 
 
 Commissioner of 
 Health, 4 yrs. 
 $5000 and ex- 
 penses. 
 
 Takes measures under the law to safeguard and pro- 
 mote the health of the people — for example, he mves- 
 tigates the causes of epidemics; enforces the law with 
 reference to the sale of food and drugs; collects vital 
 statistics. 
 
8 
 
 GOVERNMENT IN NEW YORK STATE 
 
 Health Officer of 
 the Port of New 
 York, 4 yrs. 
 $12,500. 
 
 Architect, term 
 during will of 
 Governor, $7500. 
 
 Has control of the quarantine arrangements for pre- 
 venting the spread of contagious diseases. 
 
 He is the architect for State buildings and supervises 
 their construction. 
 
 BOARDS AND COMMISSIONS APPOINTED BY THE GOVER- 
 NOR WITH CONSENT OF THE SENATE (145) 
 
 Civil Service Makes and enforces rules for carrying out the civil 
 Commission, 3 service laws of the State; prepares and conducts exam- 
 members — term inations for admitting applicants to the civil service 
 not fixed. $3000. (146). 
 
 State Board of 
 Charities, 12, 8 
 yrs. $10 a day 
 but not to receive 
 over $500 per 
 year. 
 
 Commission in 
 Lunacy, 3, 6 
 yrs. President 
 $7500; others 
 $5000. 
 
 Examines the charitable and reform institutions of the 
 State and reports their condition to the legislature 
 (VIII, 11). 
 
 Has authority over all State institutions for the insane; 
 looks into their condition and investigates methods of 
 management (VIII, 11). 
 
 Commission of Inspects prisons to see how they are managed and how 
 Prisons, 7, 4 yrs. inmates are treated; looks after the health and welfare 
 $10 a day. of the prisoners, and provides for their employment 
 
 (VIII, 11). 
 
 Two Public Ser- Regulate charges, investigate causes of accident, and 
 vice Commissions safeguard the rights of the public generally in regard 
 
 to railroads, street car lines, common carriers, tele- 
 graph, telephone, gas and electrical companies. 
 
 of 5 members 
 each; one for 
 New York City, 
 the other for the 
 rest of the State, 
 6 yrs. $15,000. 
 
 State Tax Com- Visit each county at least once in two years to ascertain 
 missioners, 3, methods of taxation, and to instruct local tax officers; as 
 
 3 yrs. $5000. members of the State Board of Equalization, meet at 
 
 Albany each year to hear appeals from County Board 
 
 of Equalization. 
 
 d. Division of Executive Powers. The election of some execu- 
 Oontiast ol tive officials and the appointment of others make the 
 nation^ administration of the State executive department very 
 ezeontiva different from that of the national. The elective oflS- 
 
GOVERNMENT IN NEW YORK STATE g 
 
 cers are for the most part independent of the Governor and may 
 even be of different political parties. This is very different from 
 the arrangement under the national government where the heads 
 of departments are appointed by the President and become 
 members of his Cabinet. 
 
 The disadvantage of the State plan is that there is likely to be a 
 lack of harmony and united policy in doing the State's work. Such 
 advantage as there may be arises from the fact that the voters have 
 a more direct hand in affairs, since the elective executive officers 
 are responsible directly to them. 
 
 REFERENCES 
 
 (ComparelSl, 137.) (For Governor's power of removal, see V, S, 4, 7; 
 VIII, 12. (Civil service appointmeats, V, 9.) 
 
 LIBRARY TOPICS 
 
 Chapter XIII of this book treats of "Crime and Its Punishment"; 
 Chapter XIV, of "Public Charities." Investigate further the provisions 
 made by New York State to care for criminals, delinquents and unfortu- 
 nates. A tabulated statement made by the student of the institutions sup- 
 ported by taxation for the care of the classes named would give some idea 
 of the humanitarian work of the State, as well as of the enormous expense 
 involved. 
 
 e. The State Education Department. New York's educational 
 system is set apart from the rest of the executive department and 
 placed in charge of the Board of Regents — a body 
 largely independent of political influence because of its ^^ Mstory 
 non-partisan character and because of the long term of 
 office of its members. The official title of the education department 
 is the University of the State of New York. This institution was 
 created by act of the legislature in 1784, the original purpose being 
 to make it an ordinary university. Later the University was 
 organized as a federation of the higher educational institutions of 
 the State — universities, colleges, academies, professional schools, 
 etc. In 1904, the legislature placed the elementary schools also 
 under the University. 
 
 New York's educational system may be outlined as follows : — 
 I. The Board op Regents. — Twelve members, chosen on 
 joint ballot of the legislature; term 12 years, one being 
 elected each year. They serve without pay. The offi- ^^j^ 
 cers are a Chancellor and Vice Chancellor from their 
 own number. The Commissioner of Education is their official 
 secretary and executive officer. 
 
10 GOVERNMENT IN NEW YORK STATE 
 
 They appoint the State Commissioner of Education through 
 whom they exercise most of their powers. They grant charters to 
 secondary and higher institutions of learning; provide 
 dntte"""' ^°^ *^® inspection of schools, and for the "regents' 
 examinations"; have the care of the State Library and 
 State Museum; also have charge of school libraries and educational 
 extension; supervise the granting of academic and professional 
 degrees; confirm appointments made by the Commissioner of 
 Education; and make regulations for carrying into effect the edu- 
 cational statutes of the State. 
 
 n. The Commissioner of Education — Holds office at the 
 pleasure of the regents; salary $10,000. He has general charge and 
 direction of all the educational interests of the State, especially of 
 the free public schools and the normal schools. He appoints nu- 
 merous subordinates; may remove school officers and revoke teach- 
 ers' certificates; distributes the school fund; interprets the school 
 law, and decides cases brought to him directly or appealed to him 
 from lower school officials and school boards. 
 
 ni. Departments and Divisions. — The work of the regents 
 is carried on mainly under three general departments — higher 
 Thies education, secondary education, and elementary edu- 
 
 general de- cation, including normal schools. Three assistant com- 
 paitmeuta missioners of education — • first, second and third — 
 preside over these respective departments. They are appointed by 
 the Commissioner of Education. Under the first assistant are the 
 colleges, universities, professional and technical schools; under the 
 second, high schools and academies ; and under the third, the public 
 schools below high school grade, and normal and training schools 
 for the instruction of teachers. For the training of teachers are the 
 Albany Normal College, and normal schools at Brockport, Buf- 
 falo, Cortland, Fredonia, Geneseo, New Paltz, Oneonta, Oswego, 
 Plattsburg, Potsdam. The third assistant also has charge of the 
 licensing of teachers. 
 
 The educational work of the State is further distributed among 
 several divisions — administration, attendance, educational ex- 
 SuSdivi- tension, examinations, inspections, law, school libra- 
 slon3 ol ries, statistics, trades schools, visual instruction. Each 
 
 ^ of these divisions has its chief appointed by the Com- 
 
 missioner of Education, and there are numerous other assistants 
 and employees. Each division looks after its particular line of 
 work. For example, the Inspections Division sends out inspectors 
 who visit the schools and report on their condition. The Attend- 
 ance Division enforces the compulsory attendance law, the chief 
 
GOVERNMENT IN NEW YORK STATE 11 
 
 requirement of which is that children between the ages of seven and 
 sixteen years, in proper mental and physical condition, must 
 attend the public schools, or receive equivalent instruction; but 
 those between fourteen and sixteen years of age, regularly and 
 legally engaged in some useful employment, are not required to 
 attend. 
 
 IV. Local School Officers. — In immediate charge of the pub- 
 lic schools, but subject in many respects to the Commissioner of 
 Education, are the trustees of rural schools, boards of education of 
 union schools and city schools, superintendents and principals, and 
 district superintendents. The oflSce of district superintendent has 
 recently been created by the legislature. Each county, except those 
 within New York City, is divided into supervisory districts by the 
 Board of Supervisors. The district superintendent is chosen by the 
 Board of Directors of his district, composed of two directors from 
 each town in his district. Any resident of the State twenty-one 
 years of age — man or woman — holding a certificate entitling 
 him to teach in any of the public schools without further examina- 
 tion is eligible to the oflBce. The term is five years, salary $1200 
 with $300 for expenses. The district superintendent is the super- 
 vising officer of all the common schools in his district except those 
 in places of 5000 or more inhabitants. 
 
 REFERENCES 
 
 Common schools (IX, 1) ; Regents (IX, 2) ; School funds (IX, 3) ; No aid to 
 denominational schools (IX, 4); School systems in other States (218-233). 
 
 S. The State Judiciary. The following outline will serve to 
 adapt to New York State the general principles of State courts as 
 presented (151-160). 
 
 I. Local Courts 
 
 a. Justice's Court. (See under town government in this general 
 outline.) 
 
 b. (County Court ) (gee under county government.) 
 ( Surrogate s Court J 
 
 c. I Police Court ) (See under city government.) 
 ( Special city courts J 
 
 II. State Courts 
 
 a. Supreme Court. Next higher than the county court. For con- 
 venience the State is divided into four judicial depart- Q^g^^^. 
 ments, which in turn are divided into nine judicial g^^ 
 districts. The first department and the first district are 
 
12 GOVERNMENT IN NEW YORK STATE 
 
 the same in extent and embrace the county of New York. There 
 are ninety-seven supreme court judges apportioned among the 
 nine judicial districts, the voters of each district electing the num- 
 ber of judges assigned to their particular district. For example, the 
 first district has thirty supreme court judges. The term of supreme 
 court judges is fourteen years; their salary $17,500 in the first and 
 second departments (New York and surrounding counties), and 
 $10,000 in the third and fourth departments. The Supreme Court 
 has original and appellate jurisdiction in both civil and criminal 
 cases (VI, 1) (terms and vacancies, VI, 4). 
 
 The work of the Supreme Court is carried on under three 
 branches or divisions — trial term, special term, and appellate 
 Work ol division. The trial term is held at each county seat at 
 Supreme appointed times. A supreme court judge presides, and 
 both civil and criminal cases are tried before a jury, 
 though on agreement of both parties a civil case may be heard by 
 the judge alone. The special term is also held in the different coun- 
 ties. This is not for the trial of ordinary cases, but to hear and 
 decide legal motions. Such cases are argued before the judge alone. 
 The appellate division is held in each of the four judicial depart- 
 ments. Twenty-two supreme court judges — designated by the 
 Governor — constitute the appellate division. Seven of these sit 
 for the appellate division in the first department (New York), and 
 five in each of the other departments. The purpose of this court is 
 to hear cases appealed from the lower courts — special term, trial 
 term, county court. This court was created to lighten the work of 
 the Court of Appeals. (Departments, Appellate division VI, 2.) 
 
 b. Courtof Appeals. This isthe highest court in the State. It con- 
 sists of seven justices — a chief and six associates, elected by the 
 voters of the entire State; term, 14 years; salary, $13,700 (chief 
 justice, $14,200). Five justices make a quorum and four must 
 agree in order to render a decision. This court has appellate juris- 
 diction only. It reviews questions of law appealed to it from the 
 lower courts to see if the law has been properly interpreted. It does 
 not examine into the facts found in the lower court, except in 
 criminal cases where the penalty is death. (Vacancy, removal, age 
 limit VI, 7-12.) 
 
 c. Board of Claims. Consists of three members appointed by the 
 Governor; term, 10 years; salary, $8000. It holds four sessions each 
 year at the Capitol in Albany. Since no person may sue the State, 
 this board provides a way whereby the claims of a private indi- 
 vidual against the State may be justly considered. 
 
 d. Court of Impeachment. This court differs much from the ordinary 
 
GOVERNMENT IN NEW YOKE STATE 13 
 
 court. Its purpose is to remove from office certain higher officials, 
 e.g.. Governor, Lieutenant Governor, judges — when they abuse 
 their official positions. The Assembly brings the charge of im- 
 peachment, and the case is tried before the Senate and judges of the 
 Court of Appeals sitting as a court. A two-thirds vote is necessary 
 to convict. The process of impeachment in the legislature follows 
 very closely that in the federal Congress (324) (VI, 13). 
 
 Ill 
 
 mSTKUMENTS OR AGENCIES OF GOVERNMENT 
 
 6. State Finances. (The subject of State Finances is so com- 
 prehensively discussed in Chap, xvii, and so much said in that 
 chapter fits New York State that only brief mention of certain 
 points, with references to the main text, is needed here.) 
 
 With reference to its finances, three ever-recurring problems 
 confront the State government: first, how much money is needed 
 for the year's expenses; second, what are the sources 
 from which the required funds are to be obtained; jnjggt^ ° 
 third, the apportionment, assessment and collection of 
 the required amount. It is easy to see that the expenses of the 
 State government, to say nothing of the local governments, are 
 very great. The chief items of expense are for maintaining the 
 legislative, executive, and judicial branches; the care of convicted 
 criminals, delinquents, and unfortunates; the education of future 
 citizens; the support of the military organizations of the State; the 
 construction and up-keep of public buildings and public works, such 
 as roads and canals. Those in charge of these various lines of work 
 furnish the legislature an estimate of expense for the year, and 
 from these estimates the State "budget" is made up. The legis- 
 lature passes the appropriation bills which authorize the collection 
 and expenditure of the sums called for in the budget. 
 
 New York makes use of the following chief sources of revenue : 
 taxes on the organization of corporations; on the current business 
 of certain corporations, as railroad, telegraph and 
 lighting; on inheritances; on transfers of stocks; on the „„jj^a 
 liquor business; and on mortgages. From these six 
 sources the State raises most of the money needed for its running 
 expenses. Real property which a few years ago formed the chief 
 source of revenue for State expenses now bears only a small part of 
 the burden of taxation for State purposes. 
 
 Because of the recklessness of legislative bodies in spending 
 
14 GOVERNMENT IN NEW YORK STATE 
 
 public moneys and in incurring debt, many State constitutions 
 lay restrictions upon the legislature in the matter of borrowing 
 money. New York's constitution limits the borrowing 
 power of the legislature by providing that it may bor- 
 row (a) not to exceed $1,000,000 to meet "casual deficits or failures 
 in revenue"; (b) to repel invasion, suppress insurrection, or defend 
 the State in war; (c) for some special work or object, providing the 
 borrowing of money for such object be first approved by a vote of 
 the people at a general election. In 1909 New York's State debt 
 was $41,000,000, all of which was for highways and canals. (See 
 also, Vn, 2-4, 12.) (State credit not to be given, VII, 1.) (Sinking 
 fund,Vn, 5.) (Forest preserve, VII, 7.) (Canals. VH, 10.) (Pay- 
 ment of State debts, VII, 11.) (The State militia, XI, 1-6.) 
 
 REFERENCE OUTLINE — TAXES 
 
 Definition and classification (240, 243); Principles of taxation (241); 
 General property tax assessment (244); Equalization (245); Levy and 
 collection (246) ; Defects of the general property tax (247) ; Other kinds of 
 taxes (248, 254); State debts (256-257). 
 
 7. State Control of Elections. —An important fact for the 
 student to remember, is that while the federal Government con- 
 trols citizenship and naturalization, each State has entire authority 
 in determining who shall vote and how elections shall be conducted, 
 both in case of State officials and national officers as well (556, 
 512). 
 
 a. Voters. — A voter in New York State must be: (1) Of the 
 
 male sex, 21 years of age; (2) A citizen 90 days; (3) An inhabitant 
 
 of the State one year next preceding election ; (4) A resi- 
 
 calla^' *^^^^ °^ ^^^ county the last four months; (5) a resident 
 of his election district the last 30 days previous to elec- 
 tion (n, 1, 2, 3). 
 
 6. The Conduct of Elections. All the voters of the State may vote 
 
 for presidential electors, and for the chief State officials; but for the 
 
 election of Representatives in Congress, and minor State 
 
 Distrio"s ^^^ local officials, the State is divided into districts. 
 Such districts are as follows : thirty-seven congressional 
 districts (subject to change after each federal census) ; nine judicial 
 districts, for the election of supreme court judges; senatorial and 
 assembly districts; county, for the election of certain county 
 officers; supervisory districts (subdivisions of counties), for the 
 election of district superintendents; town, for town officers; city, 
 for the chief city officers; aldermanic, subdivisions of a city for 
 
GOVERNMENT IN NEW YORK STATE 15 
 
 the election of aldermen; village, for village officers; and school 
 districts, for the election of trustees and other officers. And then 
 for convenience in voting, the State is divided into about 4600 elec- 
 tion districts or precincts. 
 
 The "General Election," established by law, is held the first 
 Tuesday after the first Monday in November each year. At this 
 election, in the even numbered years, are chosen presi- 
 dential electors, representatives in Congress, other eSw 
 State executive officers, and State senators; in the odd 
 numbered years, judges of State courts, city officers in cities of the 
 first and second class, county officers, and in some towns, town 
 officers. In cities of the third class, as in many towns and villages, 
 elections are held in February, March, or April; in some villages, in 
 June. (For reason of separation of State and national elections, and 
 the provision regarding "odd" and "even" years, see 62, 555.) 
 
 Before the election, candidates for the various offices must be 
 nominated by the political parties and their names placed on the 
 proper ballot. Candidates for local offices in the smaller 
 units — town and village — are nominated at the party jjj^?"' 
 primary or caucus (542, 543). Candidates for gov- Direct pil- 
 emor, Lieutenant-Governor and other State officers for """T (BB3) ; 
 whom the voters of the entire State vote are nominated jy mtiuon" 
 by the State Convention (546). In accordance with (554) 
 the recently amended election law (in force Nov. 15, 
 1911) nominations for county and city officers, for assembly- 
 men. State senators, judges and representatives in Congress, are 
 made by direct primary vote. By this law the direct primary is 
 extended to every election district of the State. A political party 
 is defined in this law as one which at the last preceding election 
 cast at least ten thousand votes for Governor; and, in preparation 
 for the direct primary, every such party is required to enroll its 
 voters. When a voter enrolls he is required to state with which 
 party he intends to vote at the direct primary; and, then, at the 
 primary, he is given only the ballot of that party. This prevents 
 a voter from voting in the primary of more than one party. At the 
 election the voter may vote as he pleases. Candidates for nomin- 
 ation at the direct primary are named by the party committees 
 which under this law are themselves elected by the voters. If the 
 voters are not satisfied with the candidates presented by the party 
 committees, they may, by petition, put up opposition candidates. 
 After candidates are nommated at the direct primary their names 
 are filed with the proper officers and then placed on the official 
 ballot for the regular election. 
 
16 GOVERNMENT IN NEW YORK STATE 
 
 In cities and in villages of 5000 or more inhabitants, voters are 
 required to go before the registry board and register their names 
 ReglstraUan ^nd addresses. The board meets on four different days 
 (n. 4, 6) before each election for this purpose. In rural districts, 
 C558) registry lists are made without personal registration ; and 
 
 in towns and villages where elections do not fall on general election 
 day, registration is not required. 
 
 New York State uses the Australian ballot, and the information 
 concerning the ballot, voting, canvassing votes, voting machines, 
 plurality, contained in (559, 560) — and opposite page 455 — 
 applies in all essentials to this State (II. 5). 
 
 c. Sajeguarding Elections. — For "election safeguards" see 
 (559); for "influencing voters," bribery and corruption in office 
 holding and voting see (XIII, 1, 2, 3). 
 
 REFERENCES 
 
 Classes excluded from the right of suffrage (556) ; woman's suffrage in 
 New York (557) ; party organization in election districts (538) ; the party 
 leader or "boss" (539); polls, hours of election, "split" and "straight" 
 ticket, voting, certificates of election (660); "Massachusetts ballot" — 
 see illustration between pp. 468-471 ; the call, the ascending scale of com- 
 mittees and conventions, the platform (544-646). 
 
 IV 
 
 LOCAL GOVERNMENTS 
 
 Intboduction. Local governments may be divided into two 
 classes : (a) those which are needed to bring government closer to 
 the people in the rural districts; these are the county, town (town- 
 ship) and school district; (b) those made necessary by the settling 
 of many people within limited areas — cities and incorporated vil- 
 lages. To be sure, the county government performs some of its 
 functions in the cities and villages within its limits; and the town 
 government, some of its functions in the village. 
 
 Since much in local governments is the same in all the States, 
 these local units are here presented under two heads — first, a pre- 
 liminary review, by references to the main text, of those features 
 mainly common in all the States; and, second, a brief outline of the 
 government of each of these units as it obtains in New York State. 
 
 8. The County, a. Preliminary Review. — Relation of local 
 to State government; dual character (15); classification of local 
 governments (16); origin and history (19, 20, 23, 27, 30, 31, 33. 36, 
 
GOVERNMENT IN NEW YORK STATE 
 
 17 
 
 41) ; the county board — organization and powers (41-42) ; other 
 county oflScers (43-45). 
 
 b. Government. The State is at present divided into sixty-one 
 counties, created from time to time by the State legislature. 
 
 OUTLINE OF COUNTY GOVERNMENT 
 
 Officers, number, 
 election, term, pay. 
 
 I. Lbgislativb. 
 Board of Supervisors; 
 composed of one super- 
 visor from each town 
 and city ward in the 
 county, elected for 
 two years by the peo- 
 ple of their respective 
 towns or wards. Meet- 
 ings at County Seat. 
 $4 per day. 
 
 II. Executive. 
 Sheriff; one; by voters 
 of county, 3 yrs.; fees 
 or salary. 
 
 District Attorney; 
 one; by voters; 3 yrs.; 
 salary. 
 
 County Clerk; one; 
 voters; 3 yrs.; fees or 
 salary. 
 
 County Treasurer; 
 one; voters; 3 yrs; 
 salary or percentage. 
 
 Superintendent of the 
 Poor; 1 to 3; voters; 
 or app. by bd. supv's; 
 salary. 
 
 Superintendent of 
 Highways; one; app. 
 by Supv's; 4 yrs.; sal- 
 ary fixed by supv's. 
 District superintendent 
 of Schools; 1 to 8; app. 
 by school directors of 
 his district; 5 yrs. 
 $1600. 
 
 Chief Duties. 
 
 Has charge of property belonging to the county, 
 as court house and jail; levies taxes required for 
 county; fixes salaries of certain officers; audits 
 accounts against county; organizes new towns or 
 changes boundaries of old ones; divides county 
 into assembly districts; makes list of grand jurors; 
 acts as board of county canvassers (III, 20-27). 
 
 Chief executive officer of the county; has charge 
 of jail and prisoners; keeps peace in the county; 
 makes arrests; summons jurors and witnesses; 
 attends county court; sells property for collection 
 of debt; appoints deputy sheriffs. 
 
 Lawyer for the county; legal adviser to county 
 officers and grand jury; agent of State in bring- 
 ing criminals to justice. 
 
 Keeps all records of the county; records deeds and 
 mortgages; clerk of county court and supreme 
 court; records election returns; draws grand 
 jurors and petit jurors. 
 
 Receives State and county taxes from collectors; 
 sends State money to comptroller; receives State 
 school moneys and pays them to town supervisors. 
 
 Has general charge of county poor house; ap- 
 points a keeper; reports annually to board of 
 supervisors, and to State Board of Charities. 
 
 Has charge of county work on roads and bridges; 
 approves plans for repairs and construction. 
 
 Supervises the schools of his district; advises 
 trustees and teachers. 
 
18 
 
 GOVERNMENT IN NEW YORK STATE 
 
 III. Judicial Branch. 
 
 County Judge; one; Presides over county court; tries criminal and 
 
 voters; 6 yrs.; salary civil cases (involving $2000 or less); performs 
 
 varies — fixed by legis- duties of surrogate in counties of less than 40,000 
 
 lature. (Kings Co. has inhabitants. 
 
 two comity judges.) 
 
 Surrogate; one; voters; Takes proof of wills; appoints executors of estates 
 6 yrs; salary. (New of deceased persons; distributes property of those 
 York County has 2 dying intestate; appoints guardians for minors, 
 surrogates, term 14 yrs.) 
 
 Investigate and report on causes of sudden or sus- 
 picious deaths. 
 
 Coroners; 4 (gener- 
 ally); voters; 3 yrs.; 
 fees or salary. 
 
 Note, For arraignment and trial in cases before the county court; and for the 
 work of grand juries and petit juries, see (186, 187, 188); for civil actions, see 
 (160, 161) ; trial by jury (I, 2); grand jury (1, 6). 
 
 g. The Town. (Township), a. Preliminary Review. Origin 
 and development (17, 18, 21, 22, 25-29, 33-36); the town govern- 
 ment in operation (37-39). 
 
 (b) OUTLINE OF TOWN GOVERNMENT 
 
 I. Legislative. 
 
 The town meeting; Elects town officers; authorizes taxes and appro- 
 
 composed of all voters priations; has charge of town property. 
 of the township. 
 
 II. Executive. 
 (Officers, number, 
 term, pay.) Super- 
 visor; 1, 2 yrs. $2 per 
 day. 
 
 Town Clerk; 1, 2 yrs. 
 $2 f)er day, fees. 
 
 Assessors, 3; 2 yrs. 
 $2 per day. 
 
 Collector, 1, 2 yrs. 
 percentage. 
 
 Superintendent of 
 Highways; 1, 2 yrs.; 
 $6 per day. 
 
 Overseer of Poor; 1, 
 2 jTTs; $2 per day. 
 
 Constables; 1 to 5; 
 2 yrs.; fees. 
 
 Chief Duties 
 Chief executive officer; manages finances; repre- 
 sents town on board of supervisors. 
 
 Keeps records of town, also a list of voters; clerk 
 at town meeting. 
 
 Assess property for taxation. (Fence Viewer.) 
 
 Collects taxes for town, county and State — all 
 in one amount. 
 
 Has chaise of roads and bridges. (Fence Viewer.) 
 
 Cares for the poor, either at the town's expense or 
 by sending them to the county poor house. 
 
 Makes arrests, serves papers, executes orders of 
 the justice's court. 
 
GOVERNMENT IN NEW YORK STATE 19 
 
 Inspectors of Election; Preside at elections; canvass votes; certify 
 
 4; 2 yrs.; $2 per day. returns. 
 
 School Directors; 2; 5 With other directors of the supervisory district, 
 yrs.; $2 per day. elect a district superintendent. 
 
 {Supervisor Pass upon accounts of town oflBcers; examine and 
 Town Clerk audit claims against the town. 
 Two or more 
 Justices. 
 
 III. Judicial. 
 
 Justice of the Peace 4, Holds Justice's court; tries minor civil and crim- 
 
 i yrs.; fees (VI. 17, inal cases; issues warrants, summonses and sub- 
 
 20). pcenas. 
 
 10. The School District, (a) PreUminary Review. — Com- 
 mon schools (218); administration of public schools (222); the dis- 
 trict system (223); the school district (40). 
 
 (b) OUTLINE OF THE SCHOOL DISTRICT GOVERNMENT 
 
 I. Legislative 
 
 Voters in school meet- Vote to erect or repair school buildings; vote 
 ing;' annual meeting taxes for ensuing year; order purchase of fumi- 
 first Tuesday in May. ture, apparatus, etc.; elect district o£Scers. 
 
 II. Executive 
 
 Trustee; 1 to 3; elected Has charge of district property; buys supplies, as 
 
 at school meeting; 1 books, apparatus, fuel; hires teachers; estimates 
 
 or 3 yrs. ; serves with- taxes necessary, 
 out pay. 
 
 Clerk; one; elected at Keeps all records of the district; acts as clerk at 
 school meeting; 1 yr.; school meetings; gives notice of school meetings, 
 no salary. 
 
 Collector; one; elected Collects district taxes for support of school; pays 
 at school meeting; 1 out money on order of Trustee, 
 yr.; percentage. 
 
 III. Judicial. — No regular judicial department. Questions 
 
 which the trustee cannot settle are referred to the district super- 
 
 1 Right to vote at School Meeting. — Any person — man or woman — may 
 vote at school meeting who is: (1) a citizen of the United States: (2) at least 21 
 yrs. of age : (3) a resident of the school district thirty days, at least, just pre- 
 ceding the day of school meeting — providing such person also meets one of the 
 following conditions : (t) owns or hires or is under contract to own or hire real 
 estate which is subject to taxation for school purposes ; (2) is a parent of a child 
 of school age, whose child attended school at least 8 weeks the preceding year, 
 or who has permanently residing with him any child who meets these conditions 
 as to age and attendance ; (3) owns personal property exceeding $50 in value as- 
 sessed upon the last preceding assessment roll of the town. 
 
20 GOVERNMENT IN NEW YORK STATE 
 
 intendent, or, if need be, to the State Commissioner of Educa- 
 tion. 
 
 Jfote. Under provisions of State law, a Union Free School District may be 
 created by the voters of a common school district, or by the union of two or more 
 adjoining districts on vote of the said districts. Such a district elects a boai'd of 
 education of from three to nine members, who may establish an academic de- 
 partment. Public education in most villages and in some cities is organized on 
 this plan. 
 
 II. The City, (a.) Preliminary Review. — Definition; dual 
 character (46); origin of cities (47); development of cities (48); 
 American municipal history (52-60); the commission plan (61); 
 proposed improvements in city government (62). 
 
 In general most topics called for by the Regents' Syllabus on 
 the framework and activities of city government are adequately 
 treated in Chap. V — Municipal Organization ; and in Chap. VI — 
 Municipal Activities, and need not be repeated here. 
 
 (6.) Classification of Cities. According to New York's constitu- 
 tion, cities are divided into three classes — first class, those of 
 175,000 or more population; second class, those having 50,000 and 
 less than 175,000; third class', all others. This classification is for 
 convenience in legislation. Laws passed by the legislature con- 
 cerning cities are either general — those referring to all the cities 
 of one or more classes; or special — those which refer to a single 
 city or to less than all the cities of a class (XII, 2). 
 
 (c.) General Framework of City Government. — ■ There is much di- 
 versity in minor matters in the organization and work of city gov- 
 ernments. The best plan for the student is to make a general 
 study of city government; and then from a city charter (his own if 
 he lives in a city) to tabulate the organization and workings of a 
 particular city. With the exception of cities governed on the " com- 
 mission plan" (61), the general framework of government for most 
 cities may be outlined as follows: 
 
 I. Legislative. — The Common Council or Board of Aldermen 
 is usually composed of members elected by the diflFerent wards of 
 the city; sometimes on a general ticket. 
 
 n. Executive. — Mayor (chief executive) ; financial oflScers — 
 assessors, treasurer, collector; city clerk; city attorney or corpora- 
 tion counsel; other oflScers, boards or commissions — for example, 
 street commissioner, board of education, park commission, civil 
 service commission. The members of boards and commissions are 
 usually appointed by the Mayor with consent of the Council; while 
 most of the other oflBcers are elected by the voters. 
 
 m. Judicial. — This department consists of several local courts, 
 as police court for the hearing of petty offenses; the justice's court 
 
GOVERNMENT IN NEW YORK STATE 81 
 
 for trying minor civil cases; and, in larger cities, courts of wider jur- 
 isdiction. The city's judicial officers are usually chosen by the 
 voters. 
 
 (d) Greater New York. In concluding his study of city govern- 
 ment, the student should give some attention to America's greatest 
 and the world's second greatest city. New York's population is 
 over 4,000,000 — one-half the population of the State. At pre- 
 sent it sends sixty-three assemblymen and twenty-one senators to 
 the Legislature. It contains four counties — New York, Kings, 
 Queens, and Richmond. This city, like the others, is under the 
 control of the legislature, and must govern itself in accordance 
 with the charter granted it by that body. Its present charter was 
 granted in 1897. For purposes of local government, the city is di- 
 vided into five boroughs — Manhattan, the Bronx, Brooklyn, 
 Queens, and Richmond. The framework of its government is 
 briefly outlined below : 
 
 I. Legislative. — New York's legislature is the Board of 
 Aldermen, consisting of 73 aldermen, one chosen by each alder- 
 manic district of the city; five borough presidents, elected by the 
 voters of their respective boroughs; and the President of the Board 
 of Aldermen, elected by the voters of the entire city at the same 
 time as the Mayor and for the same term. 
 
 n. Executive and Administrative: Mayor (chief executive); 
 elected by the voters; term, 4 years; salary $15,000. 
 
 Administrative departments as follows: Finance, law, police, 
 water supply, gas and electricity, street cleaning, bridges, parks, 
 charities, correction, fire protection, docks and ferries, taxes and 
 assessments, education, health, and tenement house departments. 
 
 Some of these departments have considerable legislative power 
 and thus limit to some extent the powers of the Board of Aldermen. 
 
 The Board of Estimate and Review, consisting of the Mayor, 
 the President of the Board of Aldermen, and the five borough 
 presidents, has such important powers that they are mentioned 
 here. This board (a) makes up the annual budget of the city's ex- 
 penses, which has to be passed on by the Board of Aldermen; (b) by 
 a three-fourths vote (subject to the Mayor's veto) grants fran- 
 chises for the use of streets, parks, wharves, and other city pro- 
 perty. 
 
 Borough Presidents. — Each borough president is elected for 
 four years, but may be removed by the Governor. He has general 
 oversight of streets, bridges, sewers, tunnels, and most public 
 buildings within his own borough. 
 
 III. Judicial. New York City's courts may be classified under 
 
22 
 
 GOVERNMENT IN NEW YORK STATE 
 
 three heads: 1. State courts, which exercise their functions within 
 the city as elsewhere in the State — namely, the Supreme Court 
 and its Appellate Division. 2. County courts, for Kings, Queens, and 
 Richmond counties; also a surrogate's court. New York County 
 has two surrogates but no regular county court. 3. City Courts. — 
 There are, for the county of New York, the City Court and Court 
 of General Sessions. The former hears civil cases where the amount 
 involved does not exceed $2000; the latter has jurisdiction of 
 crimes committed within the county, including those punishable 
 by death. Inferior city courts are the Municipal Court, for the trial 
 of minor civil cases involving not more than $500; and the City 
 Magistrate's Court, which hears petty criminal eases. These two 
 courts correspond to the justice's court in the town. New York also 
 has a Court of Special Sessions which corresponds to the police 
 court of other cities. 
 
 Note. Each of the four counties within New York City has its own county goT- 
 enneut which is conducted in the main like that of the other counties of the 
 State. 
 
 12. 
 
 OUTLINE OF VILLAGE GOVERNMENT 
 
 Village OflScials 
 
 I. Legislative. 
 Board of Trustees; 
 composed of two or 
 more trustees and 
 village President; 
 must be taxpayers. 
 
 II. Executive 
 President; elected at 
 village election; 1 yr. 
 
 Collector; chosen by 
 voters; 1 yr. 
 
 Treasurer; by voters; 
 
 lyr. 
 
 Chief Duties 
 
 Have care of village property; make rules called 
 ordinances, relating to care and lighting of 
 streets, sidewalks, water supply, public buildings, 
 public parks, fast driving, peace and order in 
 the streets; act as assessors; inspectors at village 
 elections. 
 
 President Board of Trustees; enforces village 
 ordinances; head of police force. 
 
 Collects village taxes and pays them over to the 
 treasurer. 
 
 Receives all village funds and pays them out as 
 directed by Board of Trustees. 
 
 Clerk; by voters; 1 yr. Keeps village records; clerk of Board of Trustees. 
 
 Street Commissioner; Has general charge of public streets, walks, and 
 by voters; 1 yr. 
 
 Board of Health; from 
 8 to 7; appointed by 
 trustees. 
 
 Policemen (one or 
 more). 
 
 Adopts measures to prevent the introduction and 
 spread of diseases; investigates and causes removal 
 of unsanitary conditions, as open drains, etc. 
 
 Preserve peace and order in the community; ar- 
 rest lawbreakers. 
 
GOVERNMENT IN NEW YORK STATE 
 
 23 
 
 III. JuOICIAIi 
 
 Police Justice; by 
 voters; 4 yrs. 
 
 Holds police court for trial of persons accused of 
 violating village ordinances. May order persons 
 arrested. 
 
 GENERAL REFERENCES 
 
 (Important topics treated in the State Constitution, and not referred to In the 
 above outline, are here presented tor easy reference.) 
 
 Bi-partisan election boards (II, 6). 
 
 Civil appointments of members of leg- 
 islature (III, 7). 
 
 Common law in force (1, 16). 
 
 Compensatiomof ofBcers, constitutional 
 restrictions (X, 9). 
 
 Corporations, formation of, definition 
 (Vni, 1, 3). 
 
 County officers, election, removal (X, 1, 
 2,7). 
 
 Credit of State not to be given (VIII, 9). 
 
 Damage for injuries causing death (I, 
 18). 
 
 Debt limit of local governments (VIII, 
 10). 
 
 District attorney, removal (XIII, 6). 
 
 Divorce, lotteries, gambling (I, 9). 
 Election of city oihcers, time (XII. 3). 
 Free passes— franking privileges (XIII, 
 
 5). 
 Inferior local courts (VI, 18). 
 Organization of cities and villages (XII, 
 
 Publication of statutes (VI, 21). 
 
 Savings bank charters (VIII, 4). 
 
 Specie payments (VIII, 5). 
 
 Statute of limitations (VII, 6). 
 
 Stock holders of banks— liability (VIII, 
 7). 
 
 Support of inmates of charitable insti- 
 tutions (VIII, 14). 
 
 THE CONSTITUTION OF THE STATE OF NEW YORK 
 
 (As amended and in force January 1, 1909.) 
 
 We, the People of the State of New York, grateful to Almighty 
 God for our Freedom, in order to secure its blessings, do establish 
 THIS Constitution. 
 
 ARTICLE I 
 
 Persons not to be disfranchised. Sect. 1. No member of 
 this State shall be disfranchised, or deprived of any of the rights or 
 privileges secured to any citizen thereof, unless by the law of the 
 land, or the judgment of his peers. 
 
 Trial by jury. Sect. 2. The trial by jury in all cases in which 
 it has been heretofore used shall remain inviolate forever; but a 
 jury trial may be waived by the parties in all civil cases in the 
 manner to be prescribed by law. 
 
 Freedom of worship ; religious liberty. Sect. 3. The free 
 exercise and enjoyment of religious profession and worship, with- 
 out discrimination or preference, shall forever be allowed in this 
 State to all mankind; and no person shall be rendered incompetent 
 to be a witness on account of his opinions on matters of religious 
 belief; but the liberty of conscience hereby secured shall not be so 
 construed as to excuse acts of licentiousness, or justify practices 
 inconsistent with the peace or safety of this State. 
 
 Habeas Corpus. Sect. 4. The privilege of the writ of habeas 
 
24 GOVERNMENT IN NEW YORK STATE 
 
 corpus shall not be suspended, unless when, in cases of rebellion or 
 invasion, the public safety may require its suspension. 
 
 Excessive bail and fines. Sect. 5. Excessive bail shall not 
 be required nor excessive fines imposed, nor shall cruel and un- 
 usual punishments be inflicted, nor shall witnesses be unreasonably 
 detained. 
 
 Grand jury — Bill of rights. Sect. 6. No person shall be held 
 to answer for a capital or otherwise infamous crime (except in cases 
 of impeachment, and in cases of militia when in actual service, and 
 the land and naval forces in time of war, or which this State may 
 keep with the consent of Congress in time of peace, and in cases of 
 petit larceny, under the regulation of the Legislature), unless on 
 presentment or indictment of a grand jury, and in any trial in any 
 court whatever the party accused shall be allowed to appear and 
 defend in person and with counsel as in civil actions. No person 
 shall be subject to be twice put in jeopardy for the same offense; 
 nor shall he be compelled in any criminal case to be a witness 
 against himself nor be deprived of life, liberty or property without 
 due process of law; nor shall private property be taken for public 
 use without just compensation. 
 
 Compensation for taking private property ; private roads; 
 drainage of agricultural lands. Sect. 7. When private prop- 
 erty shall be taken for any public use, the compensation to be made 
 therefor, when such compensation is not made by the State, shall 
 be ascertained by a jury, or by not less than three commissioners 
 appointed by a court of record, as shall be prescribed by law. Pri- 
 vate roads may be opened in the manner to be prescribed by law; 
 but in every case the necessity of the road and the amount of all 
 damage to be sustained by the opening thereof shall be first deter- 
 mined by a jury of free-holders and such amount, together with the 
 expenses of the proceeding, shall be paid by the person to be bene- 
 fited. General laws may be passed permitting the owners or occu- 
 pants of agricultural lands to construct and maintain for the drain- 
 age thereof, necessary drains, ditches and dykes upon the lands of 
 others, under proper restrictions and with just compensation, but 
 no special law shall be enacted for such purposes. 
 
 Freedom of speech and press ; criminal prosecutions for 
 libel. Sect. 8. Every citizen may freely speak, write and publish his 
 sentiments on all subjects, being responsible for the abuse of that 
 right; and no law shall be passed to restrain or abridge the liberty 
 of speech or of the press. In all criminal prosecutions or indict- 
 ments for libels, the truth may be given in evidence to the jury; 
 and it it shall appear to the jury that the matter charged as libelous 
 
GOVERNMENT IN NEW YORK STATE 25 
 
 is true, and was published with good motives and for justifiable 
 ends, the party shall be acquitted; and the jury shall have the right 
 to determine the law and the fact. 
 
 Right to assemble and petition; divorce; lotteries, pool- 
 selling and gambling, laws to prevent. Sect. 9. No law shall be 
 passed abridging the right of the people peaceably to assemble and 
 to petition the government, or any department thereof; nor shall 
 any divorce be granted otherwise than by due judicial proceedings; 
 nor shall any lottery or the sale of lottery tickets, pool-selling, 
 book-making, or any other kind of gambling hereafter be author- 
 ized or allowed within this State; and the Legislature shall pass 
 appropriate laws to prevent offenses against any of the provisions 
 of this section. 
 
 Escheats. Sect. 10. The people of this State, in their right of sover- 
 eignty, are deemed to possess the original and ultimate property in and 
 to all lands within the jurisdiction of the State; and all lands the title 
 to which shall fail, from a defect of heirs, shall revert, or escheat to 
 the people. 
 
 Feudal tenures abolished. Sect. 11. All feudal tenures of every 
 description, with all their incidents, are declared to be abolished, 
 saving however, all rents and services certain which at any time here- 
 tofore have been lawfully created or reserved. 
 
 Allodial tenures. Sect. 12. All lands within this State are declared 
 to be allodial, so that, subject only to the liability to escheat, the en- 
 tire and absolute property is vested in the owners, according to the 
 nature of their respective estates. 
 
 Leases of agrict^ttural lands. Sect. 13. No lease or grant of agricul- 
 tural land for a longer period than twelve years, hereafter made, in 
 which shall be reserved any rent or service of any kind, shall be valid. 
 
 Fines and quarter-sales abolished. Sect. 14. All fines, quarter- 
 sales, or other like restraints upon alienation, reserved in any grant 
 of land hereafter to be made shall be void. 
 
 Purchase of lands of Indians. Sect. 16. No purchase or contract 
 for the sale of lands in this State, made since the fourteenth day of 
 October, one thousand seven hundred and seventy-five; or which may 
 hereafter be made of, or with the Indians, shall be valid unless made 
 under the authority, and with the consent of the Legislature. 
 
 Common law and acts of the colonial and State Legislatures. 
 Sect. 16. Such parts of the common law, and of the acts of the Legis- 
 lature of the colony of New York, as together did form the law of 
 the said colony, on the nineteenth day of April, one thousand seven 
 hundred and seventy-five, and the resolutions of the Congress of the 
 said colony, and of the convention of the State of New York, in force 
 on the twentieth day of April, one thousand seven hundred and seventy- 
 seven, which have not since expired, or been repealed or altered; 
 and such acts of the Legislature of this State as are now in force, shall 
 be and continue the law of this State, subject to such alterations as 
 the Legislature shall make concerning the same. But all such parts of 
 the common laws, and such of the said acts, or parts thereof, as are 
 repugnant to this Constitution, are hereby abrogated. 
 
26 GOVERNMENT IN NEW YORK STATE 
 
 Grants of land made by the king of Great Britain since 1775; 
 prior grants. Sect. 17. All grants of land within this State, made by 
 the king of Great Britain, or persons acting under his authority, after the 
 fourteenth day of October, one thousand seven hundred and seventy- 
 five, shall be null and void; but nothing contained in this Consti- 
 tution shall affect any grants of land within this State, made by the 
 authority of the said king or his predecessors, or shall annul any char- 
 ters to bodies politic and corporate, by him or them made before that 
 day; or shall affect any such grants or charters since made by this 
 State, or by persons acting under its authority; or shall impair the 
 obligation of any debts, contracted by the State or individuals, or 
 bodies corporate, or any other rights of property, or any suits, actions, 
 rights of action, or other proceedings in courts of justice. 
 
 Damages for injuries causing death. Sect. 18. The right of action 
 now existing to recover damages for injuries resulting in death, shall 
 never be abrogated; and the amount recoverable shall not be subject 
 to any statutory limitation. 
 
 ARTICLE n 
 
 Qualifications of voters. Sect. 1. Every male citizen of the 
 age ot twenty-one years, who shall have been a citizen for ninety 
 days, and an inhabitant of this State one year next preceding an 
 election, and for the last four months a resident of the county and 
 for the last thirty days a resident of the election district in which 
 he may offer his vote, shall be entitled to vote at such election in 
 the election district of which he shall at the time be a resident, and 
 not elsewhere, for all oflScers that now are or hereafter may be 
 elective by the people; and upon all questions which may be sub- 
 mitted to the vote of the people, provided that in time ot war no 
 elector in the actual military service of the State, or of the United 
 States, in the army or navy thereof, shall be deprived of his vote 
 by reason ot his absence from such election district; and the Legis- 
 lature shall have power to provide the manner in which and the 
 time and place at which such absent electors may vote, and for 
 the return and canvass of their votes in the election districts in 
 which they respectively reside. 
 
 Persons excluded from the right of suffrage. Sect. 2 No 
 person who shall receive, accept, or offer to receive, or pay, offer or 
 promise to pay, contribute, offer or promise to contribute to an- 
 other, to be paid or used, any money or other valuable thing as a 
 compensation or reward for the giving or withholding a vote at an 
 election, or who shall make any promise to influence the giving or 
 withholding any such vote, or who shall make or become directly 
 or indirectly interested in any bet or wager depending upon the 
 result of any election, shall vote at such election ; and upon chal- 
 lenge for such cause, the person so challenged, before the officers 
 
GOVERNMENT IN NEW YORK STATE 27 
 
 authorized for that purpose shall receive his vote, shall swear or 
 affirm before such officers that he has not received or offered, does 
 not expect to receive, has not paid, offered or promised to pay, 
 contributed, offered or promised to contribute to another, to be 
 paid or used any money or other valuable thing as a compensation 
 or reward for the giving or withholding a vote at such election, and 
 has not made any promise to influence the giving or withholding 
 of any such vote, nor made or become directly or indirectly inter- 
 ested in any bet or wager depending upon the result of such elec- 
 tion. The Legislature shall enact laws excluding from the right of 
 suffrage all persons convicted of bribery or of any infamous crime. 
 
 Certain occupations and conditions not to affect resi- 
 dence. Sect. 3. For the purpose of voting, no person shall be 
 deemed to have gained or lost a residence by reason of his presence 
 or absence, while employed in the service of the United States; nor 
 while engaged in the navigation of the waters of this State, or of the 
 United States, or of the high seas; nor while a student of any sem- 
 inary of learning; nor while kept at any almshouse, or other asy- 
 lum, or institution wholly or partly supported at public expense or 
 by charity; nor while confined in any public prison. 
 
 Registration and election laws to be passed. Sect. 4. Laws 
 shall be made for ascertaining, by proper proofs, the citizens who 
 shall be entitled to the right of suffrage hereby established, and for 
 the registration of voters; which registration shall be completed at 
 least ten days before each election. Such registration shall not be 
 required for town and village elections except by express provision 
 of law. In cities and villages having five thousand inhabitants or 
 more, according to the last preceding state enumeration of inhab- 
 itants, voters shall be registered upon personal application only; 
 but voters not residing in such cities or villages shall not be re- 
 quired to apply in person for registration at the first meeting of the 
 officers having charge of the registry of voters. 
 
 Manner of voting. Sect. 5. All elections by the citizens, except 
 for such town officers as may by law be directed to be otherwise 
 chosen, shall be by ballot, or by such other method as may be 
 prescribed by law, provided that secrecy in voting be preserved. 
 
 Registration and election boards to be bi-partisan, 
 except at town and village elections. Sect. 6. All laws creat- 
 ing, regulating or affecting boards of officers charged with the duty 
 of registering voters, or of distributing ballots at the polls to voters, 
 or of receiving, recording or counting votes at elections, shall 
 secure equal representation of the two political parties which, at 
 the general election next preceding that for which such boards or 
 
28 GOVERNMENT IN NEW YORK STATE 
 
 oflBcers are to serve, cast the highest and the next highest number 
 of votes. All such boards and officers shall be appointed or elected 
 in such manner, and upon the nomination of such representatives 
 of said parties respectively, as the legislature may direct. Existing 
 laws on this subject shall continue until the Legislature shall other- 
 wise provide. This section shall not apply to town meetings, or to 
 village elections. 
 
 ARTICLE III 
 
 Legislative powers. Sect. 1. The legislative power of this 
 State shall be vested in the Senate and Assembly. 
 
 Number and terms of senators and assembl3rmen. Sect. 2. 
 The Senate shall consist of fifty members, except as hereinafter 
 provided. The senators elected in the year one thousand eight 
 hundred and ninety-five shall hold their offices for three years, and 
 their successors shall be chosen for two years. The Assembly shall 
 consist of one hundred and fifty members, who shall be chosen for 
 one year. 
 
 Senate districts. Sect. 3. The state shall be divided into fifty 
 districts to be called senate districts, each of which shall choose 
 one senator. The districts shall be numbered from one to fifty, 
 inclusive. [The enumeration of districts is here omitted.] 
 
 Enumerations and reapportionments. Sect. 4. An enumeration of 
 the inhabitants of the State shall be taken under the direction of 
 the Secretary of State, during the months of May and June, in the 
 year one thousand nine hundred and five, and in the same months 
 every tenth year thereafter; and the said districts shall be so altered 
 by the Legislature at the first regular session after the return of every 
 enumeration, that each senate district shall contain as nearly as may 
 be an equal number of inhabitants, excluding aliens, and be in as com- 
 pact form as practicable, and shall remain unaltered until the return 
 of another enumeration, and shall at all times, consist of contiguous 
 territory, and no county shall be divided in the formation of a senate 
 district except to make two or more senate districts wholly in such 
 county. No town, and no block in a city inclosed by streets or public 
 ways, shall be divided in formation of senate districts; nor shall 
 any district contain a, greater excess in population over an adjoining 
 district in the same county, than the population of a town or block 
 therein adjoining such district. Counties, towns or blocks which, 
 from their location may be included in either of two districts, shall be 
 so placed as to make said districts most nearly equal in number of 
 inhabitants, excluding aliens. 
 
 No county shall have four or more senators unless it shall have a 
 full ratio for each senator. No county shall have more than one- 
 third of all the senators; and no two counties or the territory therof 
 as now organized, which are adjoining counties, or which are sep- 
 arated only by public waters, shall have more than one-half of all the 
 senators. 
 
GOVERNMENT IN NEW YORK STATE 29 
 
 ,.T\® ''^'•''' ^*"' apportioning senators shall always be obtained by 
 dividing the number of inhabitants, excluding aliens, by fifty, and 
 the Senate shall always be composed of fifty members, except that if 
 any county having three or more senators at the time of any appor- 
 tionment shall be entitled on such ratio to an additional senator 
 or senators, such additional senator or senators shall be given to such 
 county in addition to the fifty senators, and the whole number of sena- 
 tors shall be increased to that extent. 
 
 Apportionment of assemblymen; creation of assembly 
 districts. Sect. 5. The members of the Assembly shall be chosen 
 by single districts and shall be apportioned by the Legislature at the 
 first regular session after the return of every enumeration among 
 the several counties of the state, as nearly as may be according to 
 the number of their respective inhabitants, excluding aliens. Every 
 county heretofore established and separately organized, except the 
 county of Hamilton, shall always be entitled to one member of 
 Assembly, and no county shall hereafter be erected unless its 
 population shall entitle it to a member. The county of Hamilton 
 shall elect with the county of Fulton, until the population of 
 the county of Hamilton shall, according to the ratio, entitle it to 
 a member. But the Legislature may abolish the said county of 
 Hamilton and annex the territory thereof to some other county or 
 counties. 
 
 The quotient obtained by dividing the whole number of inhabit- 
 ants of the State, excluding aliens, by the number of members of 
 assembly, shall be the ratio for apportionment. 
 
 (Here follows an enumeration of assembly districts with restric- 
 tions and instructions in regard to their formation.) 
 
 An apportionment by the Legislature, or other body, shall be 
 subject to review by the Supreme Court, at the suit of any citizen, 
 under such reasonable regulations as the Legislature may prescribe; 
 and any court before which a cause may be pending involving an 
 apportionment, shall give precedence thereto over all other causes 
 and proceedings, and if said court be not in session it shall convene 
 promptly for the disposition of the same. 
 
 Compensation of members. Sect. 6. Each member of the 
 Legislature shall receive for his services an annual salary of one 
 thousand five hundred dollars. The members of either house shall 
 also receive the sum of one dollar for every ten miles they shall 
 travel in going to and returning from their place of meeting, once 
 in each session, on the most usual route. Senators, when the Sen- 
 ate alone is convened in extraordinary session, or when serving as 
 members of the Court for the Trial of Impeachments, and such 
 members of the Assembly, not exceeding nine in number, as shall 
 
30 GOVERNMENT IN NEW YORK STATE 
 
 be appointed managers of an impeachment, shall receive an addi- 
 tional allowance of ten dollars a day. 
 
 Civil appointments of members void. Sect. 7. No member 
 of the Legislature shall receive any civil appointment within this 
 State, or the Senate of the United States, from the Governor, the 
 Governor and Senate, or from the Legislature, or from any city 
 government, during the time for which he shall have been elected; 
 and all such appointments and all votes given for any such member 
 for any such office or appointment shall be void. 
 
 Persons disqualified from being members. Sect. 8. No per- 
 son shall be eligible to the Legislature, who at the time of his elec- 
 tion, is, or within one hundred days previous thereto has been, a 
 member of Congress, a civil or military officer under the United 
 States, or any officer under any city government. And if any per- 
 son shall, after his election as a member of the Legislature, be 
 elected to Congress, or appointed to any office, civil or military, 
 under the government of the United States, or under any city 
 government, his acceptance thereof shall vacate his seat. 
 
 Time of elections. Sect. 9. The elections of senators and 
 members of assembly, pursuant to the provisions of this Constitu- 
 tion, shall be held on the Tuesday succeeding the first Monday of 
 November, unless otherwise directed by the Legislature. 
 
 Powers of each house. Sect. 10. A majority of each house 
 shall constitute a quorum to do business. Each house shall deter- 
 mine the rules of its own proceedings, and be the judge of the elec- 
 tions, returns and qualifications of its own members; shall choose 
 its own officers; and the Senate shall choose a temporary president 
 to preside in case of the absence or impeachment of the Lieutenant- 
 Governor, or when he shall refuse to act as president, or shall act 
 as Governor. 
 
 Journals; open sessions; adjournments. Sect. 11. Each 
 house shall keep a journal of its proceedings, and publish the same, 
 except such parts as may require secrecy. The doors of each house 
 shall be kept open, except when the public welfare shall require 
 secrecy. Neither house shall, without the consent of the other, 
 adjourn for more than two days. 
 
 Members not to be questioned for speeches. Sect. 12. 
 For any speech or debate in either house of the Legislature, the 
 members shall not be questioned in any other place. 
 
 Bill may originate in either house. Sect. 13. Any bill may 
 originate in either house of the Legislature, and all bills passed by 
 one house may be amended by the other. 
 
 Enacting clause of bills. Sect. 14. The enacting clause of all 
 
GOVERNMENT IN NEW YORK STATE 31 
 
 bills shall be "The People of the State of New York, represented 
 in Senate and Assembly, do enact as follows," and no law shall be 
 enacted except by bill. 
 
 Manner of passing bills. Sect. 15. No bill shall be passed or 
 become a law unless it shall have been printed and upon the desks 
 of the niembers, in its final form, at least three calendar legislative 
 days prior to its final passage, unless the Governor, or the acting 
 Governor, shall have certified to the necessity of its immediate 
 passage, under his hand and the seal of the State; nor shall any 
 bill be passed or become a law, except by the assent of the major- 
 ity of the members elected to each branch of the Legislature; 
 and upon the last reading of a bill, no amendment thereof shall 
 be allowed, and the question upon its final passage shall be taken 
 immediately thereafter, and the yeas and nays entered on the 
 journal. 
 
 Private and local bills not to embrace more than one 
 subject. Sect. 16. No private or local bill, which may be passed 
 by the Legislature, shall embrace more than one subject, and that 
 shall be expressed in the title. 
 
 Existing law made applicable to be inserted. Sect. 17. No 
 act shall be passed which shall provide that any existing law, or 
 any part thereof, shall be made or deemed a part of said act, or 
 which shall enact that any existing law, or part thereof, shall be 
 applicable except by inserting it in such act. 
 
 Cases in which private and local bills shall not be 
 passed; restrictions as to laws authorizing street railroads. 
 Sect. 18. The Legislature shall not pass a private or local bill in 
 any of the following cases: 
 
 Changing the names of persons. 
 
 Laying out, opening, altering, working or discontinuing roads, high- 
 ways or alleys, or for draining swamps or other low lands. 
 
 Locating or changing county seats. 
 
 Providing for changes of venue in civil or criminal cases. 
 
 Incorporating villages. 
 
 Providing for election of members of boards of supervisors. , 
 
 Selecting, drawing, summoning or impaneling grand or petit jurors. 
 
 Regulating the rate of interest on money. 
 , The opening and conducting of elections or designating places of 
 voting. 
 
 Creating, increasing or decreasing fees, percentages or allowances 
 of public officers, during the term for which said officers are elected 
 or appointed. 
 
 Granting to any corporation, association or individual the right to 
 lay down railroad tracks. 
 
 Granting to any private corporation, association or individual any 
 exclusive privilege, immunity or franchise whatever. 
 
S2 GOVERNMENT IN NEW YORK STATE 
 
 Granting to anj' person, association, firm and corporation, an exemp- 
 tion from taxation on real or personal property. 
 
 Providing for building bridges, and chartering companies for such 
 purposes, except on the Hudson river below Waterford, and on the 
 East river, or over the waters forming a part of the boundaries of the 
 State. 
 
 The legislature shall pass general laws providing for the cases 
 enumerated in this section, and for all other cases which in its judg- 
 ment, may be provided for by general laws. But no law shall author- 
 ize the construction or operation of a street railroad except upon 
 the condition that the consent of the owners of one-half in value of 
 the property bounded on, and the consent also of the local authori- 
 ties having the control of, that portion of a street or highway upon 
 which it is proposed to construct or operate such railroad be first 
 obtained, or in case the consent of such property owners cannot be 
 obtained, the Appellate Division of the Supreme Court, in the de- 
 partment in which it is proposed to be constructed, may, upon appli- 
 cation, appoint three commissioners who shall determine, after u 
 hearing of all parties interested, whether such railroad ought to be 
 constructed or operated, and their determination, confirmed by the 
 court, may be taken in lieu of the consent of the property owners. 
 
 Private claims not to be audited by Legislature. Sect. 19. 
 The Legislature shall neither audit nor allow any private claim or 
 account against the State, but may appropriate money to pay such 
 claims as shall have been audited and allowed according to law. 
 
 Two-thirds bills. Sect. 20. The assent of two-thirds of the 
 members elected to each branch of the legislature shall be requisite 
 to every bill appropriating the public moneys or property for local 
 or private purposes. 
 
 Appropriation bills. Sect. 21. No money shall ever be paid out 
 of the treasury of this State, or any of its funds, or any of the funds 
 under its management, except in pursuance of an appropriation by 
 law; nor unless such payment be made within two years next after 
 the passage of such appropriation act; and every such law making 
 a new appropriation or continuing or reviving an appropriation, 
 shall distinctly specify the sum appropriated, and the object to 
 which it is to be applied; and it shall not be sufficient for such law 
 to refer to any other law to fix such sum. 
 
 Restrictions as to provisions in the appropriation or 
 supply bills. Sect. 22. No provision or enactment shall be em- 
 braced in the annual appropriation or supply bill, unless it relates 
 specifically to some particular appropriation in the bill; and any 
 such provision or enactment shall be limited in its operation to 
 such appropriation. 
 
 Certain sections not to apply to commission bills. Sect. 23. 
 Sections seventeen and eighteen of this article shall not apply 
 to any bill, or the amendments to any bill, which shall be 
 
GOVERNMENT IN NEW YORK STATE 33 
 
 reported to the legislature by commissioners who have been ap- 
 pointed pursuant to law to revise the statutes. 
 
 Tax bills to state tax distinctly. Sect. 24. Every law which 
 imposes, continues or revives a tax shall distinctly state the tax 
 and the object to which it is to be applied, and it shall not be suffi- 
 cient to refer to any other law to fix such tax or object. 
 
 When ayes and nays necessary; three-fifths to consti- 
 tute quorum. Sect. 25. On the final passage, in either house of 
 the Legislature, of any act which imposes, continues or revives a 
 tax, or creates a debt or charge, or makes, continues or revives any 
 appropriation of public or trust money or property, or releases, 
 discharges or commutes any claim or demand of the State, the 
 question shall be taken by yeas and nays, which shall be duly 
 entered upon the journals, and three-fifths of all the members 
 elected to either house shall, in all such cases, be necessary to con- 
 stitute a quorum therein. 
 
 Boards of supervisors. Sect. 26. There shall be in each 
 county, except in a county wholly included in a city, a board of 
 supervisors, to be composed of such members and elected in such 
 manner and for such period as is or may be provided by law. In 
 a city which includes an entire county, or two or more entire coun- 
 ties, the powers and duties of a board of supervisors may be de- 
 volved upon the municipal assembly, common council, board of 
 aldermen or other legislative body of the city. 
 
 Local legislative powers. Sect. 27. The Legislature shall, 
 by general laws, confer upon the boards of supervisors of the several 
 counties of the State such further powers of local legislation and 
 administration as the Legislature may, from time to time, deem 
 expedient, and in counties which now have, or may hereafter have, 
 county auditors or other fiscal officers, authorized to audit bills, 
 accounts, charges, claims or demands against the county, the Legis- 
 lature may confer such powers upon said auditors, or fiscal officers, 
 as the Legislature may, from time to time deem expedient. 
 
 Extra compensation prohibited. Sect. 28. The Legislature 
 shall not, nor shall the common council of any city, nor any board 
 of supervisors, grant any extra compensation to any public officer, 
 servant, agent or contractor. 
 
 Prison labor ; contract system abolished. Sect. 29. The 
 Legislature shall, by law, provide for the occupation and employ- 
 ment of prisoners sentenced to the several State prisons, peniten- 
 tiaries, jails and reformatories in the State; and on and after the 
 first day of January, in the year one thousand eight hundred and 
 ninety-seven, no person in any such prison, penitentiary, jail or 
 
34 GOVERNMENT DJ NEW YORK STATE 
 
 reformatory, shall be required or allowed to work, while under 
 sentence thereto, at any trade, industry or occupation, wherein 
 or whereby his work, or the product or profit of his work, shall be 
 farmed out, contracted, given or sold to any person, firm, associa- 
 tion or corporation. This section shall not be construed to prevent 
 the Legislature from providing that convicts may work for, and 
 that the products of their labor may be disposed of to, the State 
 or any political division thereof, or for or to any public institution 
 owned or managed and controlled by the State, or any political 
 division thereof. 
 
 ARTICLE IV 
 
 Executive power. Sect. 1. The executive power shall be 
 vested in a Governor, who shall hold his oiBce for two years; a 
 Lieutenant-Governor shall be chosen at the same time, and for the 
 same term. The Governor and Lieutenant-Governor elected next 
 preceding the time when this section shall take effect, shall hold 
 office until and including the thirty-first day of December, one 
 thousand eight hundred and ninety-six, and their successors shall 
 be chpsen at the general election in that year. 
 
 Qualifications of Governor and Lieutenant-Governor. 
 Sect. 2. No person shall be eligible to the office of Governor or 
 Lieutenant-Governor, except a citizen of the United States, of the 
 age of not less than thirty years, and who shall have been five years 
 next preceding his election a resident of this State. 
 
 Election of Governor and Lieutenant-Governor. Sect. 3. 
 The Governor and Lieutenant-Governor shall be elected at the 
 times and places of choosing members of the Assembly. The per- 
 sons respectively having the highest number of votes for Governor 
 and Lieutenant-Governor shall be elected ; but in case two or more 
 shall have an equal and the highest number of votes for Governor 
 or for Lieutenant-Governor, the two houses of the Legislature at 
 its next annual session shall forthwith, by joint ballot, choose one 
 of the said persons so having an equal and the highest number of 
 votes for Governor or Lieutenant-Governor. 
 
 Duties and powers of Governor ; compensation. Sect. 4. 
 The Governor shall be Commander-in-Chief of the military and 
 naval forces of the State. He shall have power to convene the 
 Legislature, or the Senate only, on extraordinary occasions. At 
 extraordinary sessions no subject shall be acted upon, except such 
 as the Governor may recommend for consideration. He shall 
 communicate by message to the Legislature at every session the 
 condition of the State, and recommend such matters to it as he 
 
GOVERNMENT IN NEW YORK STATE 36 
 
 shall judge expedient. He shall transact all necessary business 
 with the officers of government, civil and military. He shall 
 expedite all such measures as may be resolved upon by the Legis- 
 lature, and shall take care that the laws are faithfully executed. 
 He shall receive for his services an annual salary of ten thousand 
 dollars, and there shall be provided for his use a suitable and fur- 
 nished executive residence. 
 
 Reprieves, commutations, and pardons to be granted by 
 Governor. Sect. 5. The Governor shall have the power to grant 
 reprieves, commutations and pardons after conviction, for all 
 offenses except treason and cases of impeachment, upon such con- 
 ditions and with such restrictions and limitations, as he may think 
 proper, subject to such regulations as may be provided by law 
 relative to the manner of applying for pardons. Upon conviction 
 for treason, he shall have power to suspend the execution of the 
 sentence, until the case shall be reported to the Legislature at its 
 next meeting, when the Legislature shall either pardon, or com- 
 mute the sentence, direct the execution of the sentence, or grant a 
 further reprieve. He shall annually communicate to the Legisla- 
 ture each case of reprieve, commutation or pardon granted, stating 
 the name of the convict, the crime of which he was convicted, the 
 sentence and its date, and the date of the commutation, pardon or 
 reprieve. 
 
 Wlien Lieutenant-Governor to act as Governor. Sect. 6. 
 In case of the impeachment of the Governor, or his removal from 
 office, death, inability to discharge the powers and duties of the 
 said office, resignation, or absence from the State, the powers and 
 duties of the office shall devolve upon the Lieutenant-Governor 
 for the residue of the term, or until the disability shall cease. But 
 when the Governor shall, with the consent of the Legislature, be 
 out of the State, in time of war, at the head of a military force 
 thereof, he shall continue Commander-in-Chief of all the military 
 force of the State. 
 
 Qualifications and duties of Lieutenant-Governor; suc- 
 cession to the Governorship. Sect. 7. The Lieutenant-Gov- 
 ernor shall possess the same qualifications of eligibility for office as 
 the Governor. He shall be president of the Senate, but shall have 
 only a casting vote therein. If during a vacancy of the office of 
 Governor, the Lieutenant-Governor shall be impeached, displaced, 
 resign, die, or become incapable of performing the duties of his 
 office, or be absent from the State, the President of the Senate 
 shall act as Governor until the vacancy be filled or the disability 
 shall cease; and if the President of the Senate for any of the above 
 
36 GOVERNMENT EST NEW YORK STATE 
 
 causes shall become incapable of performing the duties pertain- 
 ing to the oflBce of Governor, the Speaker of the Assembly shall act 
 as Governor until the vacancy be filled or the disability shall cease. 
 
 Salary of Lieutenant-Governor. Sect. 8. The Lieutenant- 
 Governor shall receive for his services an annual salary of five 
 thousand dollars, and shall not receive or be entitled to any other 
 compensation, fee or perquisite, for any duty or service he may 
 be required to perform by the Constitution or by law. 
 
 Bills to be presented to Governor; approval; passage of 
 bill by Legislature if not approved. Sect. 9. Every bill 
 which shall have passed the Senate and Assembly shall, before it 
 becomes a law, be presented to the Governor; if he approve, he 
 shall sign it; but if not, he shall return it with his objections to the 
 house in which it shall have originated, which shall enter the objec- 
 tions at large on the journal, and proceed to reconsider it. If after 
 such reconsideration, two-thirds of the members elected to that 
 house shall agree to pass the bill, it shall be sent together with the 
 objections, to the other house, by which it shall likewise be recon- 
 sidered; and if approved by two-thirds of the members elected to 
 that house, it shall become a law notwithstanding the objections 
 of the Governor. In all such cases the votes in both houses shall 
 be determined by yeas and nays, and the names of the members 
 voting shall be entered on the journal of each house respectively. 
 If any bill shall not be returned by the Governor within ten days 
 (Sundays excepted) after it shall have been presented to him, the 
 same shall be a law in like manner as if he had signed it, unless 
 the Legislature shall, by their adjournment, prevent its return, in 
 which case it shall not become a law without the approval of the 
 Governor. No bill shall become a law after the final adjournment 
 of the Legislature, unless approved by the Governor within thirty 
 days after such adjournment. If any bill presented to the Governor 
 contain several items of appropriation of money, he may object 
 to one or more of such items while approving of the other portion 
 of the bill. In such case he shall append to the bill, at the time of 
 signing it, a statement of the items to which he objects; and the 
 appropriation so objected to shall not take effect. If the Legisla- 
 ture be in session, he shall transmit to the house in which the bill 
 originated a copy of such statement, and the items objected to shall 
 be separately reconsidered. If on reconsideration one or more of 
 such items be approved by two-thirds of the members elected to 
 each house, the same shall be part of the law, notwithstanding the 
 objections of the Governor. All the provisions of this section, in 
 relation to biUs not approved by the Governor, shall apply in cases 
 
GOVERNMENT IN NEW YORK STATE 87 
 
 in which he shall withhold his approval from any item or items 
 contained in a bill appropriating money. 
 
 ARTICLE V 
 
 State officers. Sect. 1. The Secretary of State, Comptroller, 
 Treasurer, Attorney-General and State Engineer and Surveyor 
 shall be chosen at a general election, at the times and places of 
 electing the Governor and Lieutenant-Governor, and shall hold 
 their offices for two years, except as provided in section two of this 
 article. Each of the officers in this article named, excepting the 
 Speaker of the Assembly, shall, at stated times during his continu- 
 ance in office, receive for his services a compensation which shall 
 not be increased or diminished during the term for which he shall 
 have been elected; nor shall he receive to his use any fees or per- 
 quisites of office or other compensation. No person shall be elected 
 to the office of State Engineer and Surveyor who is not a practical 
 civil engineer. 
 
 First election of State officers. Sect. 2. The first election of 
 the Secretary of State, Comptroller, Treasurer, Attorney-General 
 and State Engineer and Surveyor, pursuant to this article, shall be 
 held in the year one thousand eight hundred and ninety-five, and 
 their terms of office shall begin on the first day of January follow- 
 ing, and shall be for three years. At the general election in the year 
 one thousand eight hundred and ninety-eight, and every two years 
 thereafter, their successors shall be chosen for the term of two 
 years. 
 
 Superintendent of public works; appointment; powers and duties 
 of. Sect. 3. A superintendent of public works shall be appointed by 
 the Governor, by and with the advice and consent of the Senate, 
 and hold his office until the end of the term of the Governor, by whom 
 he was nominated, and until his successor is appointed and quali- 
 fied. He shall receive a compensation to be fixed by law. He shall 
 be required by law to give security for the faithful execution of his 
 office before entering upon the duties thereof. He shall be charged 
 with the execution of all laws relating to the repair and navigation 
 of the canals, and also of those relating to the construction and im- 
 provement of the canals, except so far as the execution of the laws 
 relating to such construction or improvement shall be confided to 
 the State Engineer and Surveyor; subject to the control of the Legis- 
 lature, he shall make the rules and regulations for the navigation or 
 use of the canals. He may be suspended or removed from office by 
 the Governor, whenever, in his judgment, the public interest shall 
 so require; but in case of the removal of such Superintendent of Pub- 
 lic Works from office, the Governor shall file with the Secretary of 
 State a statement of the cause of such removal, and shall report such 
 removal and the cause thereof to the Legislature at its next session. 
 
38 GOVERNMENT IN NEW YORK STATE 
 
 The Superintendent of Public Works shall appoint not more than 
 three assistant superintendents, whose duties shall be prescribed by 
 him, subject to modification by the Legislature, and who shall re- 
 ceive for their services a compensation to be fixed by law. They shall 
 hold their office for three years, subject to suspension or removal by 
 the Superintendent of Public Works, whenever, in his judgment, the 
 public interest shall so require. Any vacancy in the office of any such 
 assistant superintendent shall be filled for the remainder of the term 
 for which he was appointed, by the Superintendent of Public Works; 
 but in case of the suspension or removal of any such assistant sup- 
 erintendent by him, he shall at once report to the Governor, in writing, 
 the cause of such removal. All other persons employed in the care and 
 management of the canals, except collectors of tolls, and those in the 
 department of the State Engineer and Surveyor, shall be appointed by 
 the Superintendent of Public Works, and be subject to suspension or 
 removal by him. The Superintendent of Public Works shall perform 
 all the duties of the former Canal Commissioners and Board of Canal 
 Commissioners, as now declared by law, until otherwise provided by 
 the Legislature. The Governor, by and with the advice and consent 
 of the Senate, shall have power to fill vacancies in the office of Superin- 
 tendent of Public Works; if the Senate be not in session, he may grant 
 commissions which shall expire at the end of the next succeeding 
 session of the Senate. 
 
 Superintendent of State Prisons, appointment; powers and duties 
 of. Sect. 4. A Superintendent of State Prisons shall be appointed 
 by the Governor, by and with the advice and consent of the Senate, 
 and hold his office for five years, unless sooner removed; he shall give 
 security in such amount, and with such sureties as shall be required 
 by law for the faithful discharge of his duties; he shall have the sup- 
 erintendence, management and control of State prisons, subject to 
 such laws as now exist or may hereafter be enacted; he shall appoint 
 the agents, wardens, physicians and chaplains of the prisons. The 
 agent and warden of each prison shall appoint all other officers of 
 such prison, except the clerk, subject to the approval of the same by 
 the Superintendent. The Comptroller shall appoint the clerks of 
 the prisons. The Superintendent shall have all the powers and per- 
 form all the duties not inconsistent herewith, which were formerly 
 had and performed by the Inspectors of State Prisons. The Governor 
 may remove the Superintendent for cause at any time, giving to him 
 a copy of the charges against him, and an opportunity to be heard 
 in his defense. 
 
 Commissioners of the land office; of the canal fund; canal board. 
 Sect. 5. The Lieutenant-Governor, Speaker of the Assembly, Sec- 
 retary of State, Comptroller, Treasurer, Attorney-General and State 
 Engineer and Surveyor shall be the commissioners of the land office. 
 The Lieutenant-Governor, Secretary of State, Comptroller, Treasurer 
 and Attorney-General shall be the commissioners of the canal fund. 
 The canal board shall consist of the commissioners of the canal fund, 
 the State Engineer and Surveyor and the Superintendent of Public 
 Works. 
 
 Powers and duties of boards. Sect. 6. The powers and duties 
 mentioned, shall be such as now are or hereafter may be prescribed 
 by law. 
 
 State Treasurer; suspension by Governor. Sect. 7. The Treas- 
 
GOVERNMENT IN NEW YORK STATE 89 
 
 urer may be suspended from office by the Governor, during the recess 
 of the Legislature, and until thirty days after the commencement of 
 the next session of the Legislature, whenever it shall appear to him 
 that such Treasurer has, in any particular violated his duty. The 
 Governor shall appoint a competent person to discharge the duties 
 of the office during such suspension of the Treasurer. 
 
 Certain offices abolished. Sect. 8. All offices for the weighing, 
 gauging, measuring, culling or inspecting any merchandise, produce, 
 manufacture or commodity whatever, are hereby abolished; and no 
 such office shall hereafter be created by law; but nothing in this 
 section contained shall abrogate any office created for the purpose 
 of protecting the public health or the interest of the State in its pro- 
 perty, revenue, tolls or purchases, or of supplying the people with 
 correct standards of weights and measures, or shall prevent the crea- 
 tion of any office for such purposes hereafter. 
 
 Civil service appointments and promotions. Sect. 9. Appoint- 
 ments and promotions in the civil service , of the State, and of all 
 the civil divisions thereof, including cities and villages, shall be made 
 according to merit and fitness to be ascertained so far as practicable, 
 by examinations, which, so far as practicable, shall be competitive; 
 provided, however, that honorably discharged soldiers and sailors 
 from the army and navy of the United States in the late Civil War, 
 who are citizens and residents of this State, shall be entitled to pref- 
 erence in appointment and promotion, without regard to their standing 
 on any list from which such appointment or promotion may be made. 
 Laws shall be made to provide for the enforcement of this section. 
 
 ARTICLE VI 
 
 Supreme Court; how constituted; judicial districts. Sect. 
 1. The Supreme Court is continued with general jurisdiction in 
 law and equity subject to such appellate jurisdiction of the Court 
 of Appeals as now is or may be prescribed by law not inconsistent 
 with this article. The existing judicial districts of the State are 
 continued until changed as hereinafter provided. The Supreme 
 Court shall consist of the justices now in office, and of the Judges 
 transferred thereto by the fifth section of this article, all of whom 
 shall continue to be Justices of the Supreme Court during their 
 respective terms, and of twelve additional Justices who shall reside 
 in and be chosen by the electors of the several existing judicial 
 districts, three in the first district, three in the second, and one 
 in each of the other districts; and of their successors. The succes- 
 sors of said justices shall be chosen by the electorsof their respective 
 judicial districts. The Legislature may alter the judicial districts 
 once after every enumeration under the Constitution, of the inhab- 
 itants of the State, and thereupon reapportion the Justices to be 
 thereafter elected in the districts so altered. 
 
 The Legislature may from time to time increase the number of 
 
40 GOVERNMENT IN NEW YORK STATE 
 
 justices in any judicial district except that the number of justices 
 in the first and second district or in any of the districts into which 
 the second district may be divided, shall not be increased to exceed 
 one justicefor each eighty thousand.'or fraction over forty thousand 
 of the population thereof, as shown by the last State, or Federal 
 census or enumeration, and except that the number of justices in 
 any other district shall not be increased to exceed one justice for 
 each sixty thousand or fraction over thirty-five thousand of the 
 population thereof as shown by the last State or Federal census or 
 enumeration. The Legislature may erect out of the Second Judi- 
 cial District as now constituted, another judicial district and appor- 
 tion the justices in office between the districts, and provide for the 
 election of additional justices in the new district not exceeding the 
 limit herein provided. 
 
 Judicial departments; appellate division, how constituted; Gov- 
 ernor to designate justices; reporter; time and place of holding courts. 
 Sect. 2. The Legislature shall divide the State into four judicial 
 departments. The first department shall consist of the county of 
 New York; the others shall be bounded by county lines, and be com- 
 pact and equal in population as nearly as may be. Once every ten 
 years the Legislature may alter the judicial departments, but with- 
 out increasing the number thereof. There shall be an Appellate Di- 
 vision of the Supreme Court, consisting of seven justices in the first 
 department, and of five justices in each of the other departments. 
 In each department tour shall constitute a quorum, and the concur- 
 rence of three shall be necessary to a decision. No more than five 
 justices shall sit in any case. From all the justices elected to the 
 Supreme Court the Governor shall designate those who shall consti- 
 tute the Appellate Division in each department; and he shall desig- 
 nate the presiding justice thereof, who shall act as such during his 
 term of office, and shall be a resident of the department. The other 
 justices shall be designated for terms of five years or the unexpired 
 portions of their respective terms of office, if less than five years. 
 From time to time as the terms of such designations expire, or va- 
 cancies occur, he shall make new designations. A majority of the 
 justices so designated to sit in the Appellate Division, in each depart- 
 ment shall be residents of the department. He may also make tem- 
 porary designations in case of the absence or inability to act of any 
 justice in the Appellate Division, or in case the presiding justice of 
 any Appellate Division shall certify to him that one or more ad- 
 ditional justices are needed for the speedy disposition of the busi- 
 ness before it. Whenever the Appellate Division in any department 
 shall be unable to dispose of its business within a reasonable time, 
 a majority of the presiding justices of the several departments at 
 a meeting called by the presiding justice of the department in arrears 
 may transfer any pending appeals from such department to any other 
 department for hearing and determination. No justice of the Ap- 
 pellate Division shall, within the department to which he may be 
 designated to perform the duties of an appellate justice, exercise any 
 of the powers of a justice of the Supreme Court, other than those of a 
 
GOVERNMENT IN NEW YORK STATE 41 
 
 justice out of court, and those pertaining to the Appellate Divi- 
 sion, or to the hearing and decision of motions submitted by consent 
 of counsel, but any such justice, when not actually engaged in per- 
 forming the duties of such appellate justice in the department to 
 which he is designated, may hold any term of the Supreme Court 
 and exercise any of the powers of a justice of the Supreme Court in 
 any county or judicial district in any other department of the State. 
 From and after the last day of December, eighteen hundred and 
 ninety-five, the Appellate Division shall have the jurisdiction now 
 exercised by the Supreme Court at its general terms and by the gen- 
 eral terms of the Court of Common Fleas for the city and county 
 of New York, the Superior Court of the city of New York, the Supe- 
 rior Court of Buffalo and the city of Brooklyn, and such additional 
 jurisdiction as may be conferred by the Legislature. It shall have 
 power to appoint and remove a reporter. The justices of the Ap- 
 pellate Division in each department shall have power to fix the times 
 and places for holding special terms therein, and to assign the jus- 
 tices in the departments to hold such terms; or to make rules therefor. 
 
 Judge or justice not to sit in review; testimony in equity cases. 
 Sect. 3. No Judge or Justice shall sit in the Appellate Division or 
 in the Court of Appeals in review of a decision made by him or by 
 any court of which he was at the time a sitting member. The testimony 
 in equity cases shall be taken in like manner as in cases at law; and, 
 except as herein otherwise provided, the Legislature shall have the 
 same power to alter and regulate the jurisdiction and proceedings in 
 law and in equity that it has heretofore exercised. 
 
 Terms of office; vacancies, how filled. Sect. 4. The official terms 
 of the Justices of the Supreme Court shall be fourteen years from 
 and including the first day of January next after their election. When 
 a vacancy shall occur otherwise than by expiration of term in the 
 office of Justice of the Supreme Court the same shall be filled for a 
 full term, at the next general election, happening not less than three 
 months after such vacancy occurs; and, until the vacancy shall be so 
 filled, the Governor by and with the advice and consent of the Sen- 
 ate, if the Senate shall be in session, or if not in session the Governor, 
 may fill such vacancy by appointment, which shall continue until and 
 including the last day of December next after the election at which 
 the vacancy shall be filled. 
 
 City courts abolished; judges become justices of Supreme Court; 
 salaries; jurisdiction vested in Supreme Court. Sect. 5. The Su- 
 perior Court of the City of New York, the Court of Common Pleas 
 for the City and County of New York, the Superior Court ot Buffalo, 
 and the City Court of Brooklyn, are abolished from and after the 
 first day of January, one thousand eight hundred and ninety-six, 
 and thereupon the seals, records, papers and documents of or belong- 
 ing to such courts, shall be deposited in the offices of the clerks of 
 the several counties in which said courts now exist; and all actions 
 and proceedings then pending in such courts shall be transferred to 
 the Supreme Court for hearing and determination. The judges of 
 said courts in office on the first day of January, one thousand eight 
 hundred and ninety-six, shall, for the remainder of the terms for 
 which they were elected or appointed, be Justices of the Supreme 
 Court; but they shall sit only in the counties in which they were 
 elected or appointed. Their salaries shall be paid by the said coun- 
 
42 GOVERNMENT IN NEW YORK STATE 
 
 ties respectively, and shall be the same as the salaries of the other 
 Justices of the Supreme Court residing in the same counties. Their 
 successors shall be elected as Justices of the Supreme Court by the 
 electors of the judicial districts in which they respectively reside. 
 
 The jurisdiction now exercised by the several courts hereby abol- 
 ished, shall be vested in the Supreme Court. Appeals from inferior 
 and local courts now heard in the Court of Common Pleas for the 
 City and County of New York and the Superior Court of Buffalo, 
 shall be heard in the Supreme Court in such manner and by such 
 Justice or Justices as the Appellate Divisions in the respective depart- 
 ments which include New York and Buffalo shall direct, unless other- 
 wise provided by the Legislature. 
 
 Circuit Courts and Courts of Oyer and Terminer abolished. Sect. 
 6. Circuit Courts and Courts of Oyer and Terminer are abolished from 
 and after the last day of December, one thousand eight hundred and 
 ninety-five. All their jurisdiction shall thereupon be vested in the 
 Supreme Court, and all actions and proceedings then pending in such 
 courts shall be transferred to the Supreme Court for hearing and de- 
 termination. Any Justice of the Supreme Court, except as otherwise 
 provided in this article, may hold court in any county. 
 
 Court of Appeals. Sect. 7. The Court of Appeals is con- 
 tinued. It shall consist of the chief judge and associate judges now 
 in office, who shall hold their offices until the expiration of their 
 respective terms, and their successors, who shall be chosen by the 
 electors of the State. The official terms of the chief judge and 
 associate judges shall be fourteen years from and including the first 
 day of January next after their election. Five members of the court 
 shall form a quorum, and the concurrence of four shall be neces- 
 sary to a decision. The court shall have power to appoint and to 
 remove its reporter, clerk and attendants. Whenever and as often 
 as a majority of the judges of the Court of Appeals shall certify 
 to the Governor that said court is unable, by reason of the accumu- 
 lation of causes pending therein, to hear and dispose of the same 
 with reasonable speed, the Governor shall designate not more than 
 four justices of the Supreme Court to serve as associate judges of 
 Court of Appeals. The justices so designated shall be relieved from 
 their duties as justices of the Supreme Court and shall serve as 
 associate judges of the Court of Appeals until the causes undis- 
 posed of in said court are reduced to two hundred, when they shall 
 feturn to the Supreme Court. The Governor may designate jus- 
 tices of the Supreme Court to fill vacancies. No justice shall serve 
 as associate judge of the Court of Appeals except while holding the 
 office of Justice of the Supreme Court, and no more than seven 
 judges shall sit in any case. 
 
 Vacancy in Covirt of Appeals, how filled. Sect 8. When a 
 vacancy shall occur otherwise than by expiration of term, in the 
 office of Chief or Associate Judge of the Court of Appeals, the same 
 
GOVERNMENT IN NEW YORK STATE 43 
 
 shall be filled, for a full term, at the next general election happening 
 not less than three months after such vacancy occurs; and until 
 the vacancy shall be so filled, the Governor, by and with the advice 
 and consent of the Senate, if the Senate shall be in session or if not 
 in session the Governor, may fill such vacancy by appointment. If 
 any such appointment of Chief Judge shall be made from among 
 the Associate Judges, a temporary appointment of Associate Judge 
 shall be made in like manner; but in such case the person appointed 
 Chief Judge shall not be deemed to vacate his oflBce of Associate 
 Judge any longer than until the expiration of his appointment as 
 Chief Judge. The powers and jurisdiction of the court shall not 
 be suspended for want of appointment or election, when the num- 
 ber of Judges is sufficient to constitute a quorum. All appoint- 
 ments under this section shall continue until and including the last 
 day of December next after the election at which the vacancy shall 
 be filled. 
 
 Jurisdiction of Court of Appeals. Sect. 9. After the last 
 day of December, one thousand eight hundred and ninety-five, 
 the jurisdiction of the Court of Appeals, except where the judg- 
 ment is of death, shall be limited to the review of questions of law. 
 No unanimous decision of the Appellate Division of the Supreme 
 Court that there is evidence supporting or tending to sustain a 
 finding of fact or a verdict not directed by the court, shall be re- 
 viewed by the Court of Appeals. Except where the judgment is of 
 death, appeals may be taken, as a right, to said court only from 
 judgments or orders entered upon decisions of the Appellate 
 Division of the Supreme Court, finally determining actions or 
 special proceedings, and from orders granting new trials on excep- 
 tions, where the appellants stipulate that upon affirmance judg- 
 ment absolute shall be rendered against them. The Appellate 
 Division in any department may, however, allow an appeal upon 
 any question of law which, in its opinion, ought to be reviewed by 
 the Court of Appeals. 
 
 The Legislature may further restrict the jurisdiction of the Court 
 of Appeals and the right of appeal thereto, but the right to appeal 
 shall not depend upon the amount involved. 
 
 The provisions of this section shall not apply to orders made or 
 judgments rendered by any General Term before the last day of 
 December, one thousand eight hundred and ninety-five, but appeals 
 therefrom may be taken under existing provisions of law. 
 
 Judges not to hold any other office. Sect. 10. The Judges 
 of the Court of'Appeals and the Justices of the Supreme Court 
 shall not hold any other office or public trust. All votes for any of 
 
44 GOVERNMENT IN NEW YORK STATE 
 
 them, for any other than a judicial office, given by the Legislature 
 or the people, shall be void. 
 
 Removal of Judges. Sect. 11. Judgesof the Court of Appeals 
 and Justices of the Supreme Court may be removed by concurrent 
 resolution of both houses of the Legislature, if two-thirds of all the 
 members elected to each house concur therein. All other judicial 
 officers, except justices of the peace and judges or justices of in- 
 ferior courts not of record, may be removed by the Senate, on the 
 recommendation of the Governor, if two-thirds of all the members 
 elected to the Senate concur therein. But no oflScer shall be re- 
 moved by virtue of this section except for cause, which shall be 
 entered on the journals, nor unless he shall have been served with a 
 statement of the cause alleged, and shall have had an opportunity 
 to be heard. On the question of removal, the yeas and nays shall 
 be entered on the journal. 
 
 Compensation; age restriction; assignment by Governor. 
 Sect. 12. No person shall hold the office of Judge or Justice of 
 any court longer than until and including the last day of December 
 next after he shall be seventy years of age. Each Justice of the 
 Supreme Court shall receive from the State the sum of ten thousand 
 dollars per year. Those assigned to the Appellate Divisions in the 
 third and fourth departments shall each receive in addition the sum 
 of two thousand dollars, and the Presiding Justices thereof the sum 
 of two thousand five hundred dollars per year. Those Justices 
 elected in the first and second judicial departments shall continue 
 to receive from their respective cities, counties, or districts as now 
 provided by law, such additional compensation as will make their 
 aggregate compensation what they are now receiving. Those Jus- 
 tices elected in any judicial department other than the first or sec- 
 ond, and assigned to the Appellate Divisions of the first or second 
 departments shall, while so assigned, receive from those depart- 
 ments respectively, as now provided by law, such additional sum 
 as is paid to the Justices of those departments. A Justice elected 
 in the third or fourth department assigned by the Appellate Divi- 
 sion or designated by the Governor to hold a trial or special term 
 in a judicial district other than that in which he is elected shall 
 receive in addition ten dollars per day for expenses while actually 
 so engaged in holding such term, which shall be paid by the State 
 and charged upon the judicial district where the service is rendered. 
 The compensation herein provided shall be in lieu of and shall 
 exclude all other compensation and allowance to said Justices for 
 expenses of every kind and nature whatsoever. The provisions of 
 this section shall apply to the Judges and Justices now in office 
 
GOVERNMENT IN NEW YORK STATE 45 
 
 and to those hereafter elected. The Judges and Justices herein- 
 before mentioned shall receive for their services a compensation 
 established by law, which shall not be increased or diminished 
 during their official terms, except as provided in section five of this 
 article. No person shall hold the office of Judge or Justice of any 
 court longer than until and including the last day of December 
 next after he shall be seventy years of age. No Judge or Justice 
 elected after the first day of January, one thousand eight hundred 
 and ninety-four, shall be entitled to receive any compensation after 
 the last day of December next after he shall be seventy years 
 of age; but the compensation of every Judge of the Court of 
 Appeals or Justice of the Supreme Court elected prior to the first 
 day of January, one thousand eight hundred and ninety-four, 
 whose term of office has been, or whose present term of office shall 
 be, so abridged, and who shall have served as such Judge or Jus- 
 tice ten years or more, shall be continued during the remainder 
 of the term for which he was elected; but any such Judge or Justice 
 may, with his consent, be assigned by the Governor, from time to 
 time, to any duty in the Supreme Court while his compensation 
 is so continued. 
 
 Trial of impeachments. Sect. 13. The Assembly shall have 
 the power of impeachment, by a vote of a majority of all the mem- 
 bers elected. The court for the trial of impeachments shall be 
 composed of the President of the Senate, the Senators, or the major 
 part of them, and the Judges of the Court of Appeals, or the major 
 part of them. On the trial of an impeachment against the Governor 
 or Lieutenant-Governor, the Lieutenant-Governor shall not act 
 as a member of the court. No judicial officer shall exercise his 
 office, after articles of impeachment against him shall have been 
 preferred to the Senate, until he shall have been acquitted. Before 
 the trial of an impeachment the members of the court shall take an 
 oath or affirmation truly and impartially to try the impeachment 
 according to the evidence, and no person shall be convicted without 
 the concurrence of two-thirds of the members present. Judgment 
 in cases of impeachment shall not extend further than to removal 
 from office, or removal from office and disqualification to hold and 
 enjoy any office of honor, trust or profit under this State; but the 
 party impeached shall be liable to indictment and punishment 
 according to law. 
 
 County Courts. Sect. 14. The existing County Courts are 
 continued, and the Judges thereof now in office shall hold their 
 offices until the expiration of their respective terms. In the county 
 of Kings there shall be two County Judges and the additional 
 
46 GOVERNMENT IN NEW YORK STATE 
 
 County Judge shall be chosen at the next general election held after 
 the adoption of this article. The successors of the several County 
 Judges shall be chosen by the electors of the counties for the term 
 of six years. County Courts shall have the powers and jurisdiction 
 they now possess, and also original jurisdiction in actions for the 
 recovery of money only, -where the defendants reside in the county, 
 and in which the complaint demands judgment for a sum not ex- 
 ceeding two thousand dollars. The Legislature may hereafter 
 enlarge or restrict the jurisdiction of the County Courts, provided, 
 however, that their jurisdiction shall not be so extended as to 
 authorize an action therein for the recovery of money only, in 
 which the sum demanded exceeds two thousand dollars, or in which 
 any person not a resident of the county is a defendant. 
 
 Courts of Sessions, except in the county of New York, are abol- 
 ished from and after the last day of December, one thousand eight 
 hundred and ninety-five. All the jurisdiction of the Court of Ses- 
 sions in each county, except the county of New York, shall there- 
 upon be vested in the County Court thereof, and all actions and 
 proceedings then pending in such Courts of Sessions shall be trans- 
 ferred to said County Courts for hearing and determination. Every 
 County Judge shall perform such duties as may be required by law. 
 His salary shall be established by law, payable out of the county 
 treasury. A County Judge of any county may hold County Courts 
 in any other county when requested by the judge of such other 
 county. 
 
 Surrogates' Courts ; Surrogates, their powers and juris- 
 diction; vacancies. Sect. 15. The existing Surrogates' Courts 
 are continued, and the Surrogates now in office shall hold their 
 offices until the expiration of their terms. Their successors shall be 
 chosen by the electors of their respective counties, and their terms 
 of office shall be six years, except in the county of New York, where 
 they shall continue to be fourteen years. Surrogates and Surro- 
 gates' Courts shall have the jurisdiction and powers which the 
 Surrogates and existing Surrogates' Courts now possess, until 
 otherwise provided by the Legislature. The County Judge shall be 
 Surrogate of his county, except where a separate Surrogate has 
 been or shall be elected. In counties having a population exceeding 
 forty thousand, wherein there is no separate Surrogate, the Legis- 
 lature may provide for the election of a separate officer to be Sur- 
 rogate, whose term of office shall be six years. When the Surrogate 
 shall be elected as a separate officer his salary shall be established 
 by law, payable out of the county treasury. No County Judge or 
 Surrogate shall hold office longer than until and including the last 
 
GOVERNMENT IN NEW YORK STATE 47 
 
 day of December next after he shall be seventy years of age. Va- 
 cancies occurring in the office of County Judge or Surrogate shall 
 be filled in the same manner as like vacancies occurring in the Su- 
 preme Court. The compensation of any County Judge or Surro- 
 gate shall not be increased or diminished during his term of office. 
 For the relief of Surrogates' Courts the Legislature may confer 
 upon the Supreme Court in any County having a population ex- 
 ceeding four hundred thousand, the powers and jurisdiction of 
 Surrogates, with authority to try issues of fact by jury in probate 
 cases. 
 
 Local judicial oflacers. Sect. 16. The Legislature may, on 
 application of the board of supervisors, provide for the election of 
 local officers, not to exceed two in any county, to discharge the 
 duties of County Judge and of Surrogate, in cases of their inability 
 or of a vacancy, and in such other cases as may be provided by law, 
 and to exercise such other powers in special cases as are or may be 
 provided by law. 
 
 Justices of the peace ; district court justices. Sect. 17. 
 The electors of the several towns shall, at their annual town meet- 
 ings, or at such other time and in such manner as the Legislature 
 may direct, elect Justices of the Peace, whose term of office shall 
 be four years. In case of an election to fill a vacancy occurring 
 before the expiration of a full term, they shall hold for the resi- 
 due of the unexpired term. Their number and classification may be 
 regulated by law. Justices of the Peace and judges or justices of 
 inferior courts not of record, and their clerks, may be removed for 
 cause, after due notice and an opportunity of being heard by such 
 courts as are or may be prescribed by law. Justices of the Peace 
 and District Court Justices may be elected in the different cities 
 of this State in such manner and with such powers, and for such 
 terms, respectively, as are or shall be prescribed by law; all other 
 judicial officers in cities, whose election or appointment is not 
 otherwise provided for in this article, shall be chosen by the electors 
 of such cities, or appointed by some local authorities thereof. 
 
 Inferior local courts. Sect. 18. Inferior local courts of civil 
 and criminal jurisdiction, may be established by the Legislature, 
 but no inferior local court, hereafter created shall be a court of 
 record. The Legislature shall not hereafter confer upon any in- 
 ferior or local court of its creation, any equity jurisdiction or any 
 greater jurisdiction in other respects than is conferred upon County 
 Courts by or under this article. Except as herein otherwise pro- 
 vided, all judicial officers shall be elected or appointed at such times 
 and in such manner as the Legislature may direct. 
 
48 GOVERNMENT IN NEW YORK STATE 
 
 Clerks of courts. Sect. 19. Clerks of the several counties shall 
 be clerks of the Supreme Court, with such powers and duties as 
 shall be prescribed by law. The Justices of the Appellate Division 
 in each department shall have power to appoint and to remove a 
 clerk, who shall keep his oflSce at a place to be designated by said 
 Justices. The Clerk of the Court of Appeals shall keep his office at 
 the seat of government. The Clerk of the Court of Appeals and the 
 Clerks of the Appellate Division shall receive compensation to be 
 established by law and paid out of the public treasury. 
 
 No judicial officer, except justice of the peace, to receive 
 fees; not to act as attorney or counselor. Sect. 20. No 
 judicial officer, except Justices of the Peace, shall receive to his 
 own use any fees or perquisites of office; nor shall any Judge of 
 the Court of Appeals, or Justice of the Supreme Court, or any 
 County Judge or Surrogate hereafter elected in a county having a 
 population exceeding one hundred and twenty thousand, practice 
 as an attorney or counselor in any court of record of this State, or 
 act as- referee. The Legislature may impose a similar prohibition 
 upon County Judges and Surrogates in other counties. No one 
 shall be eligible to the office of Judge of the Court of Appeals, Jus- 
 tice of the Supreme Court, or, except in the county of Hamilton, 
 to the office of County Judge or Surrogate, who is not an attorney 
 and counselor of this State. 
 
 Publication of statutes. Sect. 21. The Legislature shall pro- 
 vide for the speedy publication of all statutes, and shall regulate 
 the reporting of the decisions of the courts; but all laws and judicial 
 decisions shall be free for publication by any person. 
 
 Terms of office of present justices of the peace and local 
 judicial officers. Sect. 22. Justices of the Peace and other lo- 
 cal judicial officers provided for in sections seventeen and eighteen 
 in office when this article takes effect, shall hold their offices un- 
 til the expiration of their respective terms. 
 
 Courts of special sessions. Sect. 23. Courts of Special Ses- 
 sions shall have such jurisdiction of offenses of the grade of mis- 
 demeanors as may be prescribed by law. 
 
 ARTICLE VII 
 
 State credit not to be given. Sect. 1. The credit of the State 
 shall not in any manner be given or loaned to or in aid of any indi- 
 vidual, association or corporation. 
 
 State debts, power to contract. Sect. 2. The State may, 
 to meet casual deficits or failures in revenues, or for expenses not 
 
GOVERNMENT IN NEW YORK STATE 49 
 
 provided for, contract debts; but such debts, direct or contingent, 
 singly or in the aggregate, shall not at any time exceed one million 
 of dollars; and the moneys arising from the loans creating such 
 debts shall be applied to the purpose for which they were obtained 
 or to repay the debt so contracted, and to no other purpose what- 
 ever. 
 
 State debts to repel invasions. Sect. 3. In addition to 
 the above limited power to contract debts, the State may contract 
 debts to repel invasion, suppress insurrection, or defend the State 
 in war; but the money arising from the contracting of such debts 
 shall be applied to the purpose for which it was raised, or to repay 
 such debts, and to no other purpose whatever. 
 
 Limitation of legislative power to create debts. Sect. 4. Except 
 the debts specified in sections two and three of this article, no debts 
 shall be hereafter contracted by or in behalf of this State, unless such 
 debt shall be authorized by law, for some single work or' object to 
 be distinctly specified therein; and such law shall impose and provide 
 for the collection of a direct annual tax to pay, and sufficient to pay, 
 the interest on such debt as it falls due, and also to pay and discharge 
 the principal of such debt within fifty years from the time of the 
 contracting thereof. No such law shall take effect until it shall, at 
 a general election, have been submitted to the people, and have re- 
 ceived a majority of all the votes cast for and against it at such elec- 
 tion. On the final passage of such bill in either house of the Legis- 
 lature, the question shall be taken by ayes and noes, to be duly 
 entered on the journals thereof, and shall be: "Shall this bill pass, 
 and ought the same to receive the sanction of the people?" The Legis- 
 lature may at any time Mter the approval of such law by the people, 
 if no debt shall have been contracted in pursuance thereof, repeal 
 the same; and may at any time, by law, forbid the contracting of 
 any further debt or liability under such law; but the tax imposed 
 by such act, in proportion to the debt and liability which may have 
 been contracted in pursuance of such law, shall remain in force and 
 be irrepealabie, and be annually collected, until the proceeds there- 
 of shall have made the provision hereinbefore specified to pay and 
 discharge the interest and principal of such debt and liability. The 
 money arising from any loan or stock creating such debt or liabil- 
 ity shall be applied to the work or object specified in the act author- 
 izing such debt or liability, or tor the payment of such debt or lia- 
 bility, and for no other purpose whatever. No such law shall be 
 submitted to be voted on within three months after its passage or • t 
 any general election when any other law, or any bill shall be submitted 
 to be voted for or against. The Legislature may provide for the issue 
 of bonds of the State to run for a period not exceeding fifty years 
 in lieu of bonds heretofore authorized but not issued and shall im- 
 pose and provide for the collection of a direct annual tax for the 
 payment of the same as hereinbefore required. When any sinking 
 fund created under this section shall equal in amount the debt for 
 which it was created, no further direct tax shall be levied on account 
 of said sinking fund, and the Legislature shall reduce the tax to an 
 
50 GOVERNMENT IN NEW YORK STATE 
 
 amount equal to the accruing interest on such debt. The Legis- 
 lature may from time to time alter the rate of interest to be paid 
 upon any State debt, which has been or may be authorized pursu- 
 ant to the provisions of this section, or upon any part of such debt, 
 provided, however, that the rate of interest shall not be altered upon 
 any part of such debt or upon any bond or other evidence thereof, 
 which has been, or shall be created or issued before such alteration. 
 In case the Legislature increase the rate of interest upon any such 
 debt, or part thereof, it shall impose and provide for the collection 
 of a direct annual tax to pay and sufficient to pay the increased or 
 altered interest on such debt as it falls due and also to pay and dis- 
 charge the principal of such debt within fifty years from the time of 
 the contracting thereof, and shall appropriate annually to the sink- 
 ing fund moneys in amount sufficient to pay such interest and pay 
 and discharge the principal of such debt when it shall become due 
 and payable. 
 
 Sinking fund, how kept and invested. Sect. 5. The sinking funds 
 provided for the payment of interest and the extinguishment of the 
 principal of the debts of the State shall be separately kept and safely 
 invested, and neither of them shall be appropriated or used in any 
 manner other than for the specific purpose for which it shall have 
 been provided. 
 
 Claims barred by statute of limitations. Sect. 6. Neither the 
 Legislature, canal board, nor any person or persons acting in behalf 
 of the State, shall audit, allow, or pay any claim which, as between 
 citizens of the State, would be barred by lapse of time. This provi- 
 sion shall not be construed to repeal any statute fixing the time within 
 which claims shall be presented or allowed, nor shall it extend to 
 any claims duly presented within the time allowed by law, and prose- 
 cuted with due diligence from the time of such presentment. But if 
 the claimant shall be under legal disability, the claim may be pre- 
 sented within two years after such disability is removed. 
 
 Forest Preserve. Sect. 7. The lands of the State, now owned 
 or hereafter acquired, constituting the forest preserve as now fixed 
 by law, shall be forever kept as wild forest lands. They shall not be 
 leased, sold or exchanged, or be taken by any corporation, public 
 or private, nor shall the timber thereon be sold, removed or destroyed. 
 
 Canals, not to be sold; not applied to certain canals; disposition 
 of funds. Sect. 8. The Legislature shall not sell, lease or otherwise 
 dispose of the Erie canal, the Oswego canal, the Champlain canal, 
 the Cayuga and Seneca canal. Or the Black River canal; but they 
 shall remain the property of the State and under its management 
 forever. The prohibition of lease, sale or other disposition herein 
 contained, shall not apply to the canal known as the Main and Ham- 
 burg street canal, situated in the city of Buffalo, and which extends 
 easterly from the westerly line of Main street to the westerly line of 
 Hamburg street. All funds that may be derived from any lease, sale 
 or other disposition of any canal shall be applied to the improvement, 
 superintendence or repair of the remaining portion of the canals. 
 
 No tolls to be imposed; contracts for work and materials; no 
 extra compensation. Sect. 9. No tolls shall hereafter be imposed 
 on persons or property transported on the canals, but all boats navi- 
 gating the canals and the owners and masters thereof, shall be sub- 
 ject to such laws and regulations as have been or may hereafter be 
 
GOVERNMENT IN NEW YORK STATE 61 
 
 enacted concerning the navigation of the canals. The Legislature 
 shall annually, by equitable taxes, make provision for the expenses 
 of the superintendence and repairs of the canals. All contracts 
 for. work or materials on any canal shall be made with the persons 
 who shall offer to do or provide the same at the lowest price, with 
 adequate security for their performance. No extra compensation shall 
 be made to any contractor; but if, from any unforeseen cause, the 
 terms of any contract shall prove to be unjust and oppressive, the 
 canal board may, upon the application of the contractor, cancel such 
 contract. 
 
 Canal improvement, and cost thereof. Sect. 10. The canals may 
 be improved in such manner as the Legislature shall provide by 
 law. A debt may be authorized for that purpose in the mode pre- 
 scribed by section four of this article, or the cost of such improve- 
 ment may be defrayed by the appropriation of funds from the State 
 treasury, or by equitable annual tax. 
 
 Payment of State debts. Sect. 11. The Legislature, may ap- 
 propriate out of any funds in the treasury, moneys to pay the accru- 
 ing interest and principal of any debt heretofore or hereafter created, 
 or any part thereof and may set apart in each fiscal year, moneys in 
 the State treasury as a sinking fund to pay the interest as it falls 
 due and to pay and discharge the principal of any debt heretofore 
 or hereafter created under section four of article seven of the consti- 
 tution until the same shall be wholly paid, and the principal and 
 income of such sinking fund shall be applied to the purpose for which 
 said sinking fund is created and to no other purpose whatever; and, 
 in the event such moneys so set apart in any fiscal year be suflScient 
 to provide such sinking fund, a direct annual tax for such year need 
 not be imposed and collected, as required by the provisions of said 
 section four of article seven, or of any law enacted in pursuance 
 thereof. 
 
 Improvement of highways. Sect. 12. A debt or debts of the 
 State may be authorized by law for the improvement of highways. 
 Such highways shall be determined under general laws, which shall 
 also provide for the equitable apportionment thereof among the coun- 
 ties. The aggregate of the debts authorized by this section shall not 
 at any one time exceed the sum of fifty millions of dollars. The pay- 
 ment of the annual interest on such debt and the creation of a sinking 
 fund of at least two per centum per annum to discharge the principal 
 at maturity shall be provided by general laws whose force and ef- 
 fect shall not be diminished during the existence of any debt created 
 thereunder. The Legislature may by general laws require the county 
 or town or both to pay to the sinking fund the proportionate part 
 of the cost of any such highway within the boundaries of such county 
 or town and the proportionate part of the interest thereon, but no 
 county shall at any time for any highway be required to pay more 
 than thirty-five hundredths of the cost of such highway, and no 
 town more than fifteen hundredths. None of the provisions of the 
 fourth section of this article shall apply to debts for the improve- 
 ment of highways hereby authorized. 
 
52 GOVERNMENT IN NEW YORK STATE 
 
 ARTICLE Vm 
 
 Corporations, fonnation of. Sect. 1. Corporations may be formed 
 under general laws; but shall not be created by special act, except 
 for municipal purposes, and in cases where, in the judgment of the 
 Legislature, the objects of the corporation cannot be attained under 
 general laws. All general laws and special acts passed pursuant to 
 this section may be altered from time to time or repealed. 
 
 Dues of corporations. Sect. 2. Dues from corporations shall 
 be secured by such individual liability of the corporators and other 
 means as may be prescribed by law. 
 
 ' Corporation, definition of term. Sect. 3. The term corporations 
 as used in this article shall be construed to include all associations 
 and joint-stock companies having any of the powers or privileges 
 of corporations not possessed by individuals or partnerships. And 
 all corporations shall have the right to sue and shall be subject to 
 be sued in all courts in like cases as natural persons. 
 
 Savings bank charters; restrictions upon trustees; special char- 
 ters not to be granted. Sect. 4. The Legislature shall, by general 
 law, conform all charters of savings banks, or institutions for savings, 
 to a uniformity of powers, rights and liabilities, and all charters here- 
 after granted for such corporations shall be made to conform to such 
 general law, and to such amendments as may be made thereto. And 
 no such corporation shall have any capital stock, nor shall the trus- 
 tees thereof, or any of them, have any interest whatever, direct or 
 indirect, in the profits of such corporation; and no director or trus- 
 tee of any such bank or institution shall be interested in any loan 
 or use of any money or property of such bank or institution for 
 savings. The Legislature shall have no power to pass any act grant- 
 ing any special charter for banking purposes; but corporations or asso- 
 ciations may be formed for such purposes under general laws. 
 
 Specie payment. Sect. 5. The Legislature shall have no power 
 to pass any law sanctioning in any manner, directly or indirectly, 
 the suspension of specie payments, by any person, association or 
 corporation, issuing bank notes of any description. 
 
 Registry of bills or notes. Sect. 6. The Legislature shall pro- 
 vide by law for the registry of all bills or notes, issued or put in cir- 
 culation as money, and shall require ample security for the redemption 
 of the same in specie. 
 
 Liability of stockholders of banks. Sect. 7. The stockholders 
 of every corporation and joint-stock association for banking purposes, 
 shall be individually responsible to the amount of their respective 
 share or shares of stock in any such corporation or association, for 
 all its debts and liabilities of every kind. 
 
 Billbolders of insolvent bank, preferred creditors. Sect. 8. In 
 case of the insolvency of any bank or banking association, the bill- 
 holders thereof shall be entitled to preference in payment, over all 
 other creditors of such banks or association. 
 
 Creditor money of the State not to be given. Sect. 9. Neither 
 the credit nor the money of the State shall be given or loaned to or 
 in aid of any association, corporation or private undertaking. This 
 section shall not, however, prevent the Legislature from making 
 such provision for the education and support of the blind, the deaf 
 
GOVERNMENT IN NEW YORK STATE S3 
 
 and dumb, and juvenile delinquents, as to it may seem proper. Nor 
 shall it apply to any fund or property now held, or which may here- 
 after be held, by the State for educational purposes. 
 
 Limitatioii of indebtedness of counties, cities, towns and villages; 
 exception as to city of New York. Sect. 10. No county, city, town 
 or village shall hereafter give any money or property, or loan its 
 money or credit to or in aid of any individual, association or corpora- 
 tion, or become directly or indirectly the owner of stock in, or bonds of, 
 any association or corporation; nor shall any such county, city, town 
 or village be allowed to incur any indebtedness except for county, 
 city, town or village purposes. This section shall not prevent such 
 county, city, town or village from making such provision for the aid 
 or support of its poor as may be authorized by law. No county or 
 city shall be allowed to become indebted for any purpose or in any 
 manner to an amount which, including existing indebtedness, shall 
 exceed ten per centum of the assessed valuation of the real estate of 
 such county or city subject to taxation, as it appeared by the assess- 
 ment rolls of said county or city on the last assessment for State 
 or county taxes prior to the incurring of such indebtedness; and all 
 indebtedness in excess of such limitation, except such as now may 
 exist, shall be absolutely void, except as herein otherwise provided. 
 No county or city whose present indebtedness exceeds ten per centum 
 of the assessed valuation of its real estate subject to taxation, shall 
 be allowed to become indebted in any further amount until such 
 indebtedness shall be reduced within such limit. This section shall 
 not be construed to prevent the issuing of certificates of indebtedness 
 or revenue bonds issued in anticipation of the collection of taxes for 
 amounts actually contained, or to be contained in the taxes for the 
 year when such certificates or revenue bonds are issued and payable 
 out of such taxes; nor to prevent the city of New York from issuing 
 bonds to be redeemed out of the tax levy for the year next succeeding 
 the year of their issue, provided that the amount of such bonds 
 which may be issued in any one year in excess of the limitations 
 herein contained shall not exceed one-tenth of one per centum of 
 the assessed valuation of the real estate of said city subject to taxa- 
 tion. Nor shall this section be construed to prevent the issue of 
 bonds to provide for the supply of water; but the term of the bonds 
 issued to provide the supply of water, in excess of the limitation of 
 indebtedness fixed herein, shall not exceed twenty years, and a sink- 
 ing fund shall be created on the issuing of the said bonds for their 
 redemption, by raising annually a sum which will produce an amount 
 equal to the sum of the principal and interest of said bonds at their 
 maturity. All certificates of indebtedness or revenue bonds issued 
 in anticipation of the collection of taxes, which are not retired within 
 five years after their date of issue, and bonds issued to provide for 
 the supply of water, and any debt hereafter incurred by any portion 
 or part of a city if there shall be any such debt, shall be included 
 in ascertaining the power of the city to become otherwise indebted; 
 except that debts incurred by the city of New York after the first 
 day of January, nineteen hundred and four, and debts incurred by 
 any city of the second class after the first day of Januarry, nineteen 
 hundred and eight, and debts incurred by any city of the third class 
 after the first day of January, nineteen hundred and ten, to provide 
 for the supply of water, shall not be so included; and except further 
 
54 GOVERNMENT IN NEW YORK STATE 
 
 that any debt hereafter incurred by the city of New York for a pub- 
 lic improvement owned or to be owned by the city, which yields to 
 the city current net revenue, after making any necessary allowance 
 for repairs and maintenance for which the city is liable, in excess of 
 the interest on said debt, and of the annual instalments necessary 
 for its amortization may be excluded in ascertaining the power of 
 said city to become otherwise indebted, provided that a sinking fund 
 for its amortization shall have been established and maintained and 
 that the indebtedness shall not be so excluded during any period of 
 time when the revenue aforesaid shall not be sufficient to equal the 
 said interest and amortization instalments, and except further that 
 any indebtedness heretofore incurred by the city of New York for 
 any rapid transit or dock investment may be so excluded propor- 
 tionately to the extent to which the current net revenue received by 
 said city therefrom shall meet the interest and amortization instal- 
 ments thereof, provided that any increase in the debt incurring 
 power of the city of New York which shall result from the exclusion 
 of debts heretofore incurred shall be available only for the acquisition 
 or construction of properties to be used for rapid transit or dock pur- 
 poses. The Legislature shall prescribe the method by which and the 
 terms and conditions under which the amount of any debt to be so 
 excluded shall be determined, and no such debt shall be excluded 
 except in accordance with the determination so prescribed. The 
 Legislature may in its discretion confer appropriate jurisdiction on 
 the Appellate Division of the Supreme Court in the first judicial 
 department for the purpose of determining the amount of any debt 
 to be so excluded. No indebtedness of a city valid at the time of its 
 inception shall thereafter become invalid by reason of the operation 
 of any of the provisions of this section. Whenever the boundaries 
 of any city are the same as those of a county, or when any city shall 
 include within its boundaries more than one county, the power of 
 any county wholly included within such city to become indebted 
 shall cease, but the debt of the county, heretofore existing, shall not, 
 for the purposes of this section, be reckoned as a part of the city 
 debt. The amount hereafter to be raised by tax for county or city 
 purposes, in any county containing a city of over one hundred thou- 
 sand inhabitants, or any such city of this State, in addition to pro- 
 viding for the principal and interest of existing debt, shall not in the 
 aggregate exceed in any one year two per centum of the assessed 
 valuation of the real and personal estate of such county or city, 
 to be ascertained as prescribed in this section in respect to county 
 or city debt. 
 
 State board of charities; State commission in lunacy; State com- 
 mission of prisons. Sect. 11. The Legislature shall provide for 
 a state board of charities, which shall visit and inspect all institutions, 
 whether state, county, municipal, incorporated or not incorporated, 
 which are of a charitable, eleemosynary, correctional or reformatory 
 character, excepting only such institutions as are hereby made sub- 
 ject to the visitation and inspection of either of the commissions, 
 hereinafter mentioned, but including all reformatories except those 
 in which adult males convicted of felony shall be confined; a state 
 commission in lunacy which shall visit and inspect all institutions, 
 either public or private, used for the care and treatment of the insane 
 (not including institutions for epileptics er idiots); a state commis- 
 
GOVERNMENT IN NEW YORK STATE 65 
 
 sion of prisons which shall visit and inspect all institutions used for 
 the detention of sane adults charged with or convicted of crime, or 
 detained as witnesses or debtors. 
 
 Boards appointed by Governor. Sect. 12. The members of the 
 said board and of the said commissions shall be appointed by the 
 Governor, by and with the advice and consent of the Senate; and any 
 member may be removed from ofiBce by the Governor for cause, an 
 opportunity having been given him to be heard in his defense. 
 
 Existing laws to remain in force. Sect. 13. Existing laws relat- 
 ing to institutions referred to in the foregoing sections and to their 
 supervision and inspection, in so far as such laws are not inconsist- 
 ent with the provisions of the Constitution, shall remain in force 
 until amended or repealed by the Legislature. The visitation and 
 inspection herein provided for shall not be exclusive of other visita- 
 tion and inspection now authorized by law. 
 
 Maintenance and support of inmates of charitable institutions. 
 Sect. 14. Nothing in this Constitution contained shall prevent the 
 Legislature from making such provision for the education and sup- 
 port of the blind, the deaf and dumb, and juvenile delinquents, as to 
 it may seem proper; or prevent any county, city, town, or village 
 from providing for the care, support, maintenance and secular edu- 
 cation of inmates of orphan asylums, homes for dependent children 
 or correctional institutions, whether under public or private control. 
 Payments by counties, cities, towns and villages to charitable, elee- 
 mosynary, correctional and reformatory institutions, wholly or 
 partly under private control, for care, support and maintenance, 
 may be authorized, but shall not be required by the Legislature. 
 No such payments shall be made for any inmate of such institutions 
 who is not received and retained therein pursuant to rules estab- 
 lished by the state board of charities. Such rules shall be subject 
 to the control of the Legislature by general laws. 
 
 Commissioners continued in office. Sect. 15. Commissioners of 
 the state board of charities and commissioners of the state commis- 
 sion in lunacy, now holding office, shall be continued in office for 
 the term for which they were appointed, respectively, unless the 
 Legislature shall otherwise provide. The Legislature may confer 
 upon the commissions and upon the board mentioned in the fore- 
 going sections any additional powers that are not inconsistent with 
 other provisions of the Constitution. 
 
 ARTICLE IX 
 
 Common schools. Sect. l. The Legislature shall provide for 
 the maintenance and support of a system of free common schools, 
 wherein all the children of this State may be educated. 
 
 Regents of the university. Sect. 2. The corporation created 
 in the year one thousand seven hundred and eight-four, under the 
 name of The Regents of the University of the State of New York, 
 is hereby continued under the name of The University of the State 
 of New York. It shall be governed and its corporate powers, which 
 
66 GOVERNMENT IN NEW YORK STATE 
 
 may be increased, modified or diminished by the Legislature, shall 
 be exercised by not less than nine regents. 
 
 Common school, literature and the United States deposit 
 funds. Sect. 3. The capital of the common school fund, the cap- 
 ital of the literature fund, and the capital of the United States de- 
 posit fund, shall be respectively preserved inviolate. The revenue 
 of the said common school fund shall be applied to the support of 
 common schools; the revenue of the said literature fund shall be 
 applied to the support of academies; and the sum of twenty-five 
 thousand dollars of the revenues of the United States deposit fund 
 shall each year be appropriated to and made part of the capital 
 of the said common school fund. 
 
 No aid to denominational schools. Sect. 4. Neither the 
 State nor any subdivision thereof, shall use its property or credit 
 or any public money or authorize or permit either to be used,- 
 directly or indirectly, in aid or maintenance, other than for exam- 
 ination or inspection, of any school or institution of learning wholly 
 or in part under the control or direction of any religious denomina- 
 tion, or in which any denominational tenet or doctrine is taught. 
 
 ARTICLE X 
 
 Sheriffs, clerks of counties, district attorneys and regis- 
 ters; Governor may remove. Sect. 1. Sheriffs, clerks of 
 counties, district attorneys and registers in counties having regis- 
 ters, shall be chosen by the electors of the respective counties, once 
 in every three years and as often as vacancies shall happen, except 
 in the counties of New York and Kings, and in counties whose 
 boundaries are the same as those of a city, where such officers shall 
 be chosen by the electors once in every two or four years as the 
 Legislature shall direct. Sheriffs shall hold no other office and be 
 ineligible for the next term after the termination of their offices. 
 They may be required by law to renew their security, from time to 
 time; and in default of giving such new security, their offices shall 
 be deemed vacant. But the county shall never be made respon- 
 sible for the acts of the sheriff. The Governor may remove any 
 officer, in this section mentioned, within the term for which he 
 shall have been elected; giving to such officer a copy of the charges 
 against him, and an opportunity of being heard in his defense. 
 
 Appointment or election of officers, not provided for by 
 this Constitution. Sect. 2. All county officers whose election 
 or appointment is not provided for by this Constitution, shall be 
 elected by the electors of the respective counties or appointed by 
 
GOVERNMENT IN NEW YORK STATE 57 
 
 the boards of supervisors, or other county authorities, as the Legis- 
 lature shall direct. All city, town and village officers, whose elec- 
 tion or appointment is not provided for by this Constitution, shall 
 be elected by the electors of such cities, towns and villages, or of 
 some division thereof, or appointed by such authorities thereof, as 
 the Legislature shall designate for that purpose. All other officers, 
 whose election or appointment is not provided for by this Consti- 
 tution, and all officers, whose offices may hereafter be created by 
 law, shall be elected by the people, or appointed, as the Legisla- 
 ture may direct. 
 
 Duration of term. Sect. 3. When the duration of any office 
 is not provided by this Constitution it may be declared by law, 
 and if not so declared, such office shall be held during the pleasure 
 of the authority making the appointment. 
 
 Time of election. Sect. 4. The time of electing all officers 
 named in this article shall be prescribed by law. 
 
 Vacancies in offices ; how filled. Sect. 5. The Legislature 
 shall provide for filling vacancies in office, and in case of elective 
 officers, no person appointed to fill a vacancy shall hold his office 
 by virtue of such appointment longer than the commencement of 
 the political year next succeeding the first annual election after the 
 happening of the vacancy. 
 
 Political year. Sect. 6. The political year and legislative term 
 shall begin on the first day of January; and the Legislature shall, 
 every year, assemble on the first Wednesday in January. 
 
 Removal from office for misconduct, etc. Sect. 7. Provi- 
 sion shall be made by law for the removal for misconduct or mal- 
 versation in office of all officers, except judicial, whose powers and 
 duties are not local or legislative and who shall be elected at gen- 
 eral elections, and also for supplying vacancies created by such 
 removal. 
 
 Office deemed vacant. Sect. 8. The Legislature may declare 
 the cases in which any office shall be deemed vacant when no pro- 
 vision is made for that purpose in this constitution. 
 
 Compensation of officers. Sect. 9. No officer whose salary is 
 fixed by the Constitution shall receive any additional compensation. 
 Each of the other State officers named in the Constitution shall, 
 during his continuance in office, receive a compensation, to be 
 fixed by law, which shall not be increased or diminished during 
 the term for which he shall have been elected or appointed; nor 
 shall he receive to his use any fees or perquisites of office or other 
 compensation. 
 
68 GOVERNMENT IN NEW YORK STATE 
 
 ARTICLE XI 
 
 State militia. Sect. 1. All able-bodied male citizens between 
 the ages of eighteen and forty-five years, who are residents of the 
 State, shall constitute the militia, subject however to such exemp- 
 tions as are now, or may be hereafter created by the laws of the 
 United States, or by the Legislature of this State. 
 
 Enlistment. Sect. 2. The Legislature may provide for the 
 enlistment into the active force of such other persons as may make 
 application to be so enlisted. 
 
 Organization of militia. Sect. 3. The militia shall be organ- 
 ized and divided into such land and naval, and active and reserve 
 forces, as the Legislature may deem proper, provided however that 
 there shall be maintained at all times a force of not less than ten 
 thousand enlisted men, fully uniformed, armed, equipped, disci- 
 plined and ready for active service. And it shall be the duty of the 
 Legislature at each session to make suflBcient appropriations for 
 the maintenance thereof. 
 
 Appointment of military officers by the Governor. Sect. 
 4. The Governor shall appoint the chiefs of the several staflF 
 departments, his aides-de-camp and military secretary, all of 
 whom shall hold office during his pleasure, their commissions to 
 expire with the term for which the Governor shall have been 
 elected; he shall also nominate, and with the consent of the Senate 
 appoint, all major-generals. 
 
 Manner of election of military officers prescribed by 
 Legislature. Sect. 5. All other commissioned and non-com- 
 missioned officers shall be chosen or appointed in such manner as 
 the Legislature may deem most conducive to the improvement of 
 the militia, provided, however, that no law shall be passed changing 
 the existing mode of election and appointment unless two-thirds of 
 the members present in each house shall concur therein. 
 
 Commissioned officers; their removal. Sect. 6. The com- 
 missioned officers shall be commissioned by the Governor as com- 
 mander-in-chief. No commissioned officer shall be removed from 
 office during the term for which he shall have been appointed or 
 elected, unless by the Senate on the recommendation of the Gov- 
 ernor, stating the grounds on which such removal is recommended, 
 or by the sentence of a court-martial, or upon the findings of an 
 examining board organized pursuant to law, or for absence without 
 leave for a period of six months or more. 
 
GOVERNMENT IN NEW YORK STATE 69 
 
 ARTICLE Xn 
 
 Organization of cities and villages. Sect. 1. It shall be 
 the duty of the Legislature to provide for the organization of cities 
 and incorporated villages, and to restrict their power of taxation, 
 assessment, borrowing money, contracting debts, and loaning their 
 credit, so as to prevent abuses in assessments and in contracting 
 debt by such municipal corporations; and the Legislature may regu- 
 late and fix the wages or salaries, the hours of work or labor, and 
 make provision for the protection, welfare and safety of persons 
 employed by the State or by any county, city, town, village or 
 other civil division of the State, or by any contractor or subcon- 
 tractor performing work, labor or services for the State, or for any 
 county, city, town, village or other civil division thereof. 
 
 Classification of Cities; general and special city laws; 
 how passed by Legislature and accepted by cities. Skct. 2. 
 All cities are classified according to the latest state enumeration, as 
 from time to time made, as follows : The first class includes all cities 
 having a population of one hundred and seventy-five thousand or 
 more; the second class, all cities having a population of fifty thou- 
 sand and less than one hundred and seventy-five thousand; the third 
 class, all other cities. Laws relating to the property, affairs or gov- 
 ernment of cities, and the several departments thereof, are divided 
 into general and special city laws; general city laws are those 
 which relate to all the cities of one or more classes; special city 
 laws are those which relate to a single city, or to less than all the 
 cities of a class. Special city laws shall not be passed except in con- 
 formity with the provisions of this section. After any bill for a 
 special city, law, relating to a city, has been passed by both 
 branches of the Legislature, the house in which it originated shall 
 immediately transmit a certified copy thereof to the mayor of such 
 city, and within fifteen days thereafter the mayor shall return 
 such bill to the house from which it was sent, or if the session of 
 the Legislature at which such bill was passed has terminated, 
 to the Governor, with the mayor's certificate thereon, stating 
 whether the city has or has not accepted the same. In every city of 
 the first class, the mayor, and in every other city, the mayor and 
 the legislative body thereof concurrently, shall act for such city as 
 to such bill; but the Legislature may provide for the concurrence 
 of the legislative body in cities of the first class. The Legislature 
 shall provide for a public notice and opportunity for a public 
 hearing concerning any such bill in every city to which it relates, 
 before action thereon. Such a bill, if it relates to more than one 
 
60 GOVERNMENT IN NEW YORK STATE 
 
 city, shall be transmitted to the mayor of each city to which it 
 relates, and shall not be deemed accepted unless accepted as herein 
 provided, by every such city. Whenever any such bill is accepted 
 as herein provided, it shall be subject as are other bills, to the 
 action of the Governor. Whenever, during the session at which it 
 was passed, any such bill is returned without the acceptance of the 
 city or cities to which it relates, or within such fifteen days is not 
 returned, it may nevertheless again be pEissed by both branches of 
 the legislature, and it shall then be subject as are other bills, to the 
 action of the Governor. In every special city law which has been 
 accepted by the city or cities to which it relates, the title shall be 
 followed by the words "accepted by the city," or "cities," as the 
 case may be; in every such law which is passed without such accept- 
 ance, by the words " passed without the acceptance of the city," 
 or "cities," as the case may be. 
 
 Election of city officers, when to be held ; extension and 
 abridgment of terms. Sect. 3. All elections of city officers, 
 including supervisors and judicial officers of inferior local courts, 
 elected in any city or part of a city, and of county officers elected 
 in the counties of New York and Kings, and in all counties whose 
 boundaries are the same as those of a city, except to fill vacancies, 
 shall be held on the Tuesday succeeding the first Monday in No- 
 vember in an odd-numbered year, and the term of every such 
 officer shall expire at the end of an odd-numbered year. 
 
 (Provision here omitted refers to term of officers chosen prior 
 to 1895). 
 
 ARTICLE XIII 
 
 Oath of office. Sect. 1. Members of the Legislature, and all 
 officers executive and judicial, except such inferior officers as shall 
 be by law exempted shall, before they enter on the duties of their 
 respective offices, take and subscribe the following oath or affirma- 
 tion: "I do solemnly swear (or affirm) that I will support the Con- 
 stitution of the United States, and the Constitution of the State of 
 New York, and that I will faithfully discharge the duties of the 
 
 office of , according to the best of my ability"; and all such 
 
 officers who shall have been chosen at any election shall, before they 
 enter on the duties of their respective offices, take and subscribe 
 the oath or affirmation above prescribed, together with the follow- 
 ing addition thereto, as part thereof: 
 
 "And I do further solemnly swear (or affirm) that I have not 
 directly or indirectly paid, offered or promised to pay, contributed 
 or offered or promised to contribute, any money or other valuable 
 
GOVERNMENT IN NEW YORK STATE 61 
 
 thing as a consideration or reward for the giving or withholding a 
 vote at the election at which I was elected to said oflBce, and have 
 not made any promise to influence the giving or withholding any 
 such vote," and no other oath, declaration or test shall be required 
 as a qualification for any office of public trust. 
 
 Official bribery and corruption. Sect. 2. Any person hold- 
 ing office under the laws of this State, who, except in payment of 
 his legal salary, fees or perquisites, shall receive or consent to 
 receive, directly or indirectly, anything of value or of personal 
 advantage, or the promise thereof, for performing or omitting to 
 perform any official act, or with the express or implied under- 
 standing that his official action or omission to act is to be in any 
 degree influenced thereby, shall be deemed guilty of a felony. This 
 section shall not affect the validity of any existing statute in rela- 
 tion to the offense of bribery. 
 
 Offer or promise to bribe. Sect. 3. Any person who shall 
 offer or promise a bribe to an officer, if it shall be received, shall be 
 deemed guilty of a felony and liable to punishment, except as 
 herein provided. No person offering a bribe shall, upon any prose- 
 cution of the officer for receiving such bribe, be privileged from 
 testifying in relation thereto, and he shall not be liable to civil or 
 criminal prosecution therefor, if he shall testify to the giving or 
 offering of such bribe. Any person who shall offer or promise a 
 bribe, if it be rejected by the officer to whom it was tendered, shall 
 be guilty of an attempt to bribe, which is hereby declared to be a 
 felony. 
 
 Person bribed or offeringabribe maybe a witness. Sect. 4. 
 Any person charged with receiving a bribe, or with offering or 
 promising a bribe, shall be permitted to testify in his own behalf 
 in any civil or criminal prosecution therefor. 
 
 Free passes, franking privileges, etc., not to be received by pub- 
 lic officers; penalty. Sect. 5. No public officer, or person elected 
 or appointed to a public office, under the laws of this State, shall 
 directly or indirectly ask, demand, accept, receive or consent to 
 receive for his own use or benefit, or for the use or benefit of another, 
 any free pass, free transportation, franking privilege or discrimina- 
 tion in passenger, telegraph or telephone rates, from any person or 
 corporation, or make use of the same himself or in conjunction with 
 another. A person who violates any provision of this section, shall 
 be deemed guilty of a misdemeanor, and shall forfeit his office at 
 the suit of the Attorney-General. Any corporation, or officer or 
 agent thereof, who shall oflFer or promise to a public officer, or person 
 elected or appointed to a public office, any such free pass, free trans- 
 portation, franking privilege or discrimination, shall also be deemed 
 guilty of a misdemeanor and liable to punishment except as herein 
 provided. No person or officer or agent of a corporation giving any 
 
62 GOVERNMENT IN NEW YORK STATE 
 
 such free pass, free transportation, franking privileges or discrimina- 
 tion hereby prohibited, shall be privileged from testifying in relation 
 thereto, and he shall not be liable to civil or criminal prosecution 
 therefor if he shall testify to the giving of the same. 
 
 Removal of district attorney for failure to prosecute; expenses 
 of prosecutions for bribery. Sect. 6. Any district attorney who 
 shall fail faithfully to prosecute a person charged with the violation 
 in his county of any provision of this article which may come to his 
 knowledge, shall be removed from office by the Governor, after due 
 notice and an opportunity of being heard in his defense. The ex- 
 penses which shall be incurred by any county, in investigating and 
 prosecuting any charge of bribery or attempting to bribe any per- 
 son holding oflBce under the laws of this State, within such county, 
 or of receiving bribes by any such person in said county, shall be a 
 charge against the State, and their payment by the State shall be 
 provided for by law. 
 
 ARTICLE XIV 
 
 Amendments to Constitution, how proposed, voted upon and 
 ratified. Sect. 1. Any amendment or amendments to this Consti- 
 tution may be proposed in the Senate and Assembly; and if the same 
 shall be agreed to by a majority of the members elected to each of 
 the two houses, such proposed amendment or amendments shall 
 be entered on their journals, and the yeas and nays taken thereon, 
 and referred to the Legislature to be chosen at the next general elec- 
 tion of senators, and shall be published for three months previous 
 to the time of making such choice; and if in the Legislature so 
 next chosen, as aforesaid, such proposed amendment or amendments 
 shall be agreed to by a majority of all the members elected to each 
 house, then it shall be the duty of the Legislature to submit each 
 proposed amendment or amendments to the people for approval in 
 such manner and at such times as the Legislature shall prescribe; 
 and if the people shall approve and ratify such amendment or amend- 
 ments by a majority of the electors voting thereon, such amendment 
 or amendments shall become a part of the Constitution from and after 
 the first day of January next after such approval. 
 
 Future constitutional conventions; how called; election of dele- 
 gates; compensation; quorum; submission of amendments; officers; 
 rules; vacancies; taking effect. Sect. 2. At the general election 
 to be held in the year one thousand 'nine hundred and sixteen, and 
 every twentieth year thereafter, and also at such times as the Legis- 
 lature may by law provide, the question, "Shall there be a conven- 
 tion to revise the Constitution and amend the same?" shall be decided 
 by the electors of the State; and in case a majority of the electors 
 voting thereon shall decide in favor of a convention for such purpose, 
 the electors of every senate district of the State, as then organized, 
 shall elect three delegates at the next ensuing general election at 
 which members of the Assembly shall be chosen, and the electors of 
 the State voting at the same election shall elect fifteen delegates-at- 
 large. The delegates so elected shall convene at the capitol on the 
 first Tuesday of April next ensuing after their election, and shall 
 continue their session until the business of such convention shall have 
 
GOVERNMENT IN NEW YORK STATE 63 
 
 been completed. Every delegate shall receive for his services the 
 same compensation and the same mileage as shall then be annually 
 payable to the members of the Assembly. A majority of the con- 
 vention shall constitute a quorum for the transaction of business, 
 and no amendment to the Constitution shall be submitted for ap- 
 proval to the electors as hereinafter provided, unless by the assent 
 of a majority of all the delegates elected to the convention, the yeas 
 and nays being entered on the journal to be kept. The convention 
 shall have the power to appoint such officers, employees and assistants 
 as it may deem necessary, and fix their compensation and to provide 
 for the printing of its documents, journals and proceedings. The 
 convention shall determine the rules of its own proceedings, choose 
 its own officers, and be the judge of the election, returns and quali- 
 fications of its members. In case of a vacancy, by death, resigna- 
 tion or other cause, of any district delegate elected to the conven- 
 tion, such vacancy shall be filled by a vote of the remaining delegates 
 representing the district in which such vacancy occurs. If such va- 
 cancy occurs in the office of a delegate-at-large, such vacancy shall 
 be filled by a vote of the remaining delegates-at-Iarge. Any proposed 
 constitution or constitutional amendment which shall have been 
 adopted by such convention, shall be submitted to a vote of the elec- 
 tors of the State at the time and in the manner provided by such 
 convention, at an election which shall be held not less than six weeks 
 after the adjournment of such convention. Upon the approval of 
 such constitution or constitutional amendments, in the manner pro- 
 vided in the last preceding section, such constitution or constitutional 
 amendment, shall go into effect on the first day of January next after 
 such approval. 
 
 Amendments of convention and Legislature submitted coinci- 
 dently. Sect. 3. Any amendment proposed by a constitutional con- 
 vention relating to the same subject as an amendment proposed 
 by the Legislature, coincidently submitted to the people for approval 
 at the general election held in the year one thousand eight hundred 
 and ninety -four, or at any subsequent election, shall, if approved, 
 be deemed to supersede the amendment so proposed by the legis- 
 lature. 
 
 ARTICLE XV 
 
 Time of taking effect. Sect. 1. This Constitution shall be in 
 force from and including the first day of January, one thousand eight 
 hundred and ninety-five, except as herein otherwise provided. 
 
 Done in Convention at the Capitol in the city of Albany, the 
 twenty-ninth day of September, in the year one thousand 
 eight hundred ninety-four, and of the Independence of the 
 United States of America the one hundred and nineteenth. 
 In witness whereof, we have hereunto subscribed our 
 names. _ 
 
 JOSEPH HODGES CHOATE. 
 
 President and Delegate-at-Larga 
 Chables Elliott Fitch, 
 
 Secretary 
 
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