rr25/ YS-^ ^^fF L HoUinger pH 8^ MiU Run F03.2193 SUPPLEMENT TO AMERICAN GOVERNMENT BY ROSCOE LEWIS ASHLEY COPTKIGHT, 1913, By the MACMILLAN COMPANY. Set up and electrotyped. Published September, 1913 NorfaoDB ?3re88 J. 8. Gushing Co, — Berwick & Smith Co. Norwood, Mass., U.S.A. ©CI.A35427 1 CHANGES IN AMERICAN GOVERNMENT (1909-1913)^ IMPOETANT CHANGES OR GENERAL MOVEMENTS Constitutional Changes The Income Tax Amendment. — For the first time in 43 years the national Constitution was amended in 1913. This sixteenth amendment deals with income taxes. It was pro- posed by Congress in July, 1909, and was proclaimed by the Secretary of State as a part of the Constitution, in February 1913, having been ratified by 38 States. (See § 246.) The amendment reads as follows : Article XVI. The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without any apportionment among the several States and without regard to any census or enumeration. Amendment for the Direct Election of Senators. — An amendment, the seventeenth, to provide direct election of senators, was proposed by Congress, June 12, 1912, and was ratified by three fourths of the States by May, 1913. (See § 304.) New States New Mexico was admitted to the Union, Jan. 6, 1912, and Arizona, February 14, 1912, the number of States now being 48. Popular Participation in Government Woman's Suffrage. — After years of objection, the oppo- sition to granting the ballot to American women has broken 1 The four years from 1909 to 1913 have seen marvelous changes in American government. The most important of these are listed in the fol- lowing paragraphs, the main text of the book not being cut at the present time for the insertion of the new material. For a study of the historical changes of these years consult Ashley's American History, revised, Chapter XXII, the part on the Rule of the People, 190(5-1914. 1 2 AMERICAN GOVERNMENT down somewhat. Modern economic and social conditions, having given Avoman a new position in the business world, are yielding her the ballot as well. In January, 1913, nine States made no distinction between men and women as voters. These were Wyoming, Colorado, Idaho, Utah, Washington, California, Oregon, Arizona, and Kansas. Illinois (June, 1913) gave the suffrage to women by statute for all statutory of&ces, that is, those not mentioned in the state constitution. These include presidential electors, city mayors, and many others. Direct Nominations. — The nominating convention (§24) is being abandoned, being used now in a minority of the States for the selection of state and local candidates. Presidential candidates were selected by conventions in 1912, but nearly one half of the delegates to these conventions were elected directly by the people voting in direct primaries (§ 26). As the direct primary is in use in all but a very few Western States and in some of those in the East, it is the common method of selecting candidates and will be the almost uni- versal method within a very short time. Many methods are in use, however, for determining which voters shall vote for candidates of any party, most States permitting each voter to have absolute and final choice of the party with which he allies himself. The Recall. — Control of public oflBcials through the re- call (§ 35) has spread from southern California along the Pacific Coast and eastward. It may be used in numerous cities and is now legal in eight States. Most of these per- mit the removal of any elected officials, state or local, at the will of the voters. Some of them exempt all judicial officials from the recall, the conservatives fearing that judges will lose their independence, if the voters may re- move them. Theodore Roosevelt has suggested the recall of judicial decisions as a means by which court decisions may conform to the popular will. The Initiative and the Referendum. — The movement for direct participation of the voters in government has been chiefly through the direct primary and the initiative and the referendum. The latter are used now in one third of the States for the making of laws, although Oregon is the only State in which these methods have been used enough to give the people an active share in the work of lawmaking. The subject deserves extended consideration. These methods IMPORTANT CHANGES OR GENERAL MOVEMENTS 3 seem to modify the representative character of our govern- ment. Coupled with the use of direct nominations and the recall, they give the people of most of our western States opportunity to exercise direct control over their government. Commission Government in Cities Within the last iive years nearly 300 of our cities have adopted a form of government called government by com- mission. A sniall number of commissioners, usually five, is elected on a general ticket for a term of two or four years. One of them acts as mayor and has charge of an administra- tive department. Each of the others is the head of some grand department (§ 73). Ordinances are passed, taxes levied, and franchises granted by the commission as a whole. Advantages claimed for the commission form of govern- ment are simplicity of organization, opportunity for cooper- ation because the experts who administer the laws are part of the lawmaking body, concentration of authority, and the opportunity to get good men, because positions of authority attract good men and the people can select the best since the ballot is short. Commission government is still an experiment. It really has not been used in large cities, but it is now the form of government for about 20% of our urban population, and it has been quite successful where it has been tried. Whether this success is due to the form of government or to the in- creased interest in municipal affairs in those cities which have adopted the commission form of government, remains to be seen. The Protection or Labor Child Labor (§ 144). — The last four years have seen con- siderable progress in child legislation. Many States have adopted the fourteen-year age limit in new occupations. The schools cooperate more than formerly in preventing the use of child labor during school hours. A national children's bureau was created (1911) in the Department of Labor. ■Women's Hours of Labor. — Since the United States Su- preme Court upheld, in the Milller case (1908), the right of a State to protect the race by limiting the hours of labor for women, many States have passed laws limiting the hours to 8 to 10 per day, and from 48 to 54 per week. Minimum "Wage. — During the winter of 1912-3 several 4 AiMEEICAy GOTEEXMEXT commissions investigated the wages of girls in factories and stores. They found that a fair percentage of these girls receive less than six dollars per week. The commissions have not claimed that morals and wages are inevitably con- nected,, but the agitation is leading to the consideration of minimum wage laws in several States. Compensation for Accidents. — Until recent years no employee who was injured in the course of duty could secure any compensation except by suing his employer. His employer was not liable for damages in most cases be- cause the employee (1) "assumed the risk" in dangerous occupations, (2) because the employee could obtain nothing if he was guilty of •'•' contributory negligence," and (3) the employer was not responsible if the injury was caused by a ••' fellow servant." The national liability law and the new liability laws in many of the States no longer allow the employers to escape payment because any of these three conditions has existed. These new laws protect labor much better than it has formerly been protected, but fifteen States have gone farther, having adopted some system of compen- sation. This permits the employers in certain industries to escape liability by agreeing to pay definite amotints to their employees who are injured. Industilal Arbitration and Conciliation. — In the majority of the States there are boards to prevent the use of strikes and boycotts on the part of the employees and lockouts and blacklists on that of the employers. These boards, with a similar national board, have done something to protect the jjublic from industrial warfare. ReOKGAXIZATIOX IX COXGBESS The Insxirgent Movement in the Hoiise of Representatives, 1910. — The Speaker of the House is not the powerful official that he was in 1909 (§ 309). The revolt in Congress in 1910 against the arbitrary control of the " big three," the Speaker and his party associates on the Committee on Rules, deprived the Speaker of his jjosition of the Committee on Rules and of his power to appoint committees. This " insurgent move- ment" gave the House the right to elect all committees, made the Committee on Rules (§ 310) a committee of ten members, and otherwise curbed the rule of the arbitrary leaders of the House. IMPORTANT CHANGES OR GENERAL MOVEMENTS Change in Senate Customs. — Tlie Senate as well as the House has been reorganized (1913). Senatorial committees are selected by the Senate in a much more real sense than formerlv, for the chairman and members do not hold their positions solely by virtue of seniority as formerly (§ 305), but at the wish of their colleagues. OTHER CHANGES (1909^1913) The Short Ballot. — There has been a recent movement to shorten the ballot so that voters might not be compelled to consider the merits of the candidates for so many positions. This movement has been indorsed in cities that have adopted the commission form of government and in a few States which have made some administrative officials appointive instead of elective. Civil Service Reform (§§ 44, 74, 326). — By the executive orders of President Eoosevelt (1909) and President Taft (1912) all fourth-class postmasters, numbering more than 50,000, have been brought under the (Jivil Service Commis- sion. President Wilson compelled all of the fourth-class postmasters, who were included in the classified service, to take examinations. With other changes since 1909, the positions in the classified service now number about 275,000 out of more than 400,000 national positions in the United States and dependencies. Civil service reform has made good progress in the cities, especially those that have adopted a commission form of government, and has made some progress in the state governments. Railway Commissions (§ § 140, 262). — Since the railway law of 1906 changed the national Interstate Commerce Commis- sion from an advisory commission to one with power to fix maximum rates, most of the States have followed the national plan. In consequence very few state publicity commissions (§ 140) are now in existence, most of the state commissions being of the first class, that is, with power to fix maximum rates (p. 135"). A few are public service commissions which not only control steam railways, but most other public utilities, like street railways, water, light, and perhaps tele- phone companies. The Interstate Commerce Act of 1910 gave the national commission control of interstate telegraph and telephone 6 AMERICAN GOVERNMENT companies, and created a special Court of Commerce to hear cases brought from the Interstate Commerce Commission. It gives the Commission control of classifications of freights as well as rates, and permits the Commission to begin in- vestigations without waiting for complaints. Panama Canal (§ 234). — Congress has begun fortifying the canal. It has also exempted coastwise trading vessels which use the canal from the payment of tolls. National Taxes. — The sixteenth amendment to the Na- tional Constitution makes it possible to levy a national in- come tax, since the Supreme Court had denied the right before 1913 (§ 246). An income tax will by levied by the special session of Congress which met April 7, 1913. In 1909 Congress levied a corporation tax of one per cent on the net revenue of all corporations in the United States above an exempted minimum of $5000. This tax was abandoned in 1913. The ''Rule of Reason" Method of Trust Control (§ 264). — The government of the United States has been quite success- ful in its suits against great trusts. The most important decisions of the Supreme Court in regard to trusts were the cases of the Standard Oil Company and of the Tobacco Trust, decided in May, 1911. The court decided that these trusts were monopolies and must be dissolved. It held that some of their acts were in restraint of interstate trade, but it stated that the ''rule of reason " should be applied to ascertain whether any restraint was sujBBlcient to make the act of restraint contrary to the Sherman Anti-trust Law. This practically, if not legally, reversed the position of the court as presented in the Northern Securities case (§ 263) and in earlier cases. The declaration of the court was opposed by many who thought that the court was trying to amend the Sherman Act, a power belonging to Congress. Changes in Land Laws (§ 278). — The Ballinger-Pinchot controversy (1909) over the Alaskan and other coal lands aroused great interest in this form of conservation. In 1910 laws were passed which permitted the withdrawal of nearly one hundred million acres of coal lands, pending revalua- tion. Large deposits of j)etroleum, phosphate, and other valuable minerals have also been withdraAvn from entry. In 1912 the national forest reserves covered nearly 190,000,000 acres. Postal Changes (§ 282). — A postal savings bank system IMPORTANT CHANGES OE GENERAL MOVEMENTS 7 went into effect in 1912. It was tried in only a few towns at first, but has been extended to all first, second, and third class post offices and to about one tenth of the fourth class offices. A parcel post system was put into effect in 1913. The rates vary according to distance and weight. Packages may be sent to a maximum weight of twenty pounds. In 1912 the Post Office Department began sending peri- odicals by fast freight. For the first time in 30 years the Post Office Department showed an apparent excess of receipts over expenditures. Apportionment for the House of Representatives, 1911 (§ 307). — In 1911 the ratio was fixed at 1 member to 211,887 inhabitants, the number of members noAv being 435. The Department of Labor (§§ 330-341) was separated from the Department of Commerce and Labor, March 4, 1913, thus making ten regular members of the Cabinet for the first time in history. Supreme Coiirt. — In 1913 the Supreme Court of the United States was composed as follows : — Jtistice CiRcniT Appointed Chief Justice Edward D. White (La.) . . . . Associate Justice Joseph McKenna (Cal.) . . Associate Justice Oliver W. Holmes (Mass.) Associate Justice William R. Day (Ohio) . . Associate Justice Horace H. Lurton (Tenn.) . Associate Justice Charles E. Hughes (N. Y.) Associate Justice Willis Van Devanter (Wyo.) . Associate Justice Joseph R. Lamar (Ga.) . . Associate Justice Mahlon Pitney (N.J.) . . . Fourth Ninth First Sixth Seventh Second Eighth Fifth Third 1910 1898 1902 1903 1909 1910 1910 1910 1912 Justice White was appointed an associate justice in 1894. During the four years he was in office. President Taft ap- pointed five associate justices of the supreme court, and filled nearly one half of the national judgeships below the supreme court. Tkrkitoey Area Square Miles POPtTLATION 1900 1910 District of Columbia Alaska Hawaii Porto Rico Phihppines 70 590,884 6,449 3,435 115,026 278,718 63,592 154,001 953,243 7,000,000 331,069 64.356 191,909 1,118.012 7,635;426i 1 lfi03. SEP 18 \m APPENDIX D THE STATES — AREA AND POPULATION Became Area Population Electokal State Mbmbek OP Union Squake Miles Vote 1911) 1900 1910 1900 Alabama . . . • 1819 51,998 2,138,093 1,828,697 12 11 Arizona . . . 1912 113,956 204,354 122,931 3 — Arkansas . . 1836 53,335 1,574,449 1,311,564 9 9 California . . 1850 158,297 2,377,549 1,485,053 13 10 Colorado . . . 1876 103,948 799,024 539,700 6 5 Connecticut . . 1788 4,965 1,114,756 908,420 7 7 Delaware 1787 2,370 202,322 184,735 3 3 Florida . . . 1845 58,666 752,619 528,542 6 5 Georgia . . 1788 59,265 2,609,121 2,216.331 14 13 Idaho .... 1890 83,888 325,594 161,772 4 3 Illinois . . 1818 56,665 5,638,591 4,821,550 29 27 Indiana . . 1816 36,354 2,700,876 2,516,462 15 15 loVva . • . 1846 56,147 2,224,771 2,231,853 13 13 Kansas 1861 82,158 1,690,949 1,470,495 10 10 Kentucky . 1792 40,598 2,289,905 2,147,174 13 13 Louisiana 1812 48,506 1,656,388 1,381,625 10 1 9 Maine . 1820 33,040 742,371 694,466 6 6 Maryland 1788 12,327 1,295,346 1,188,044 8 8 Massachusetts 1788 8,266 3,366,416 2,805,346 18 16 Michigan 1837 57,980 2,810,173 2,420,982 15 14 Minnesota . 1858 84,682 2,075,708 1,751,394 12 11 Mississippi . 1 1817 46,865 1,797,114 1,551,270 10 10 Missouri . . 1 1821 69,420 3,293,335 3,106,665 18 ! 18 Montana . 1889 146,997 376,053 243,329 4 : 3 Nebraska 1867 77,520 1,192,214 1,066,300 8 : 8 Nevada . 1864 110,690 81,875 42,335 3 3 New Hampshir e . 1788 9,341 430,572 411,588 4 ! 4 New Jersey . 1787 8,224 2,537,167 1,883,669 14 12 New Mexico 1912 122,634 327,301 195,310 3 — New York . 1788 49,204 9,113,614 7,268,012 45 ' 39 North Carolina 1789 52,426 2,206,287 1,893,810 12 12 North Dakota 1889 70,837 577,056 319,146 5 ! 4 Ohio . . . 1803 41,040 4,767,121 4,157,545 24 ! 23 Oklahoma . 1907 70,057 1,657,155 790,391 10 1 71 Oregon . . Pennsylvania 1859 96,699 672,765 413,536 5 1 4 1787 45,126 7,665,111 6,-302,115 38 \ 34 Rhode Island 1790 1,248 542,610 428,556 5 1 4 South Carolina 1788 30,989 1,515,400 1,340,316 9 1 9 South Dakota 1889 77,615 583,888 401,570 5 4 Tennessee 1796 42,022 2,184,789 2,020,616 12 12 Texas . • . 1845 265,896 3,896,542 3,048,710 20 18 Utah . . . 1896 84,990 373,351 276,749 4 3 Vermont . . 1791 9,564 355.956 343,641 4 4 Virginia . . 1788 42,627 2,061,612 1,854,184 12 12 Washington . 1889 69,127 1,141,990 518,103 7 .5 West Virginia 1863 24,170 1,221,119 958,800 8 7 Wisconsin . 1848 56,066 2,333,860 2,069,042 13 13 Wyoming 1890 97,914 145,965 92,531 3 3 Total States 3,026,719 91,641,197 75,615,857 631 483 1 lf)07.