SEPT.


I9or


ANNALS
OF THZ
AMERICAN ACADEMY
OF
POLITICAL AND SOCIAL SCIENCE
PRESENT POLITICAL TENDENCIES
I
BRYANISM
Energy cannot be destroyed. It may change its form,
some of it may be dissipated, but none of it can be annihilated. While guarding one's self, in accord with Huxley's
warning, against analogies drawn from the field of science
for use in the very human field of politics, it seems that what
is loosely known as Bryanism, considered in its broader
aspect, is really a form of energy. Some of it has been dissipated. But the remainder has not gone through a transformation from one form of energy to another such as probably would have taken place had Mr. Bryan been elected
President of the United States and incurred those heavy
responsibilities of government which tend to bring a leader
and his party under conservative influences.1
The history of the Democratic party reveals the fundamental character of Bryanism. John Adams once said,2 in
describing the colonial origin of our political parties, that
1" It is a proverb that to turn a radical into a conservative there needs only to put
him into office.''-James Russell Lowell.
2 See " The Significance of the Democratic Party in American Politics," by Professor A. D. Morse, of Amherst College, in International Monthly, October, 1900,
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2      ANNALS OF THE AMERICAN ACADEMY


" in New York, Pennsylvania, Virginia, Massachusetts and
all the rest a court and country party has always contended."'
That "country " party was the democracy of the colonies,
as opposed to the colonial aristocracy, and it generated the
rebellious impulse that made the triumphant Revolutionary
War. What Eldridge Gerry called "an excess of democracy, "
after the war, permitted a conservative reaction to set in.
Reactions are often beneficial, and the undying glory of that
particular reaction was the Federal Constitution of I787.
Hamilton, the leader of the conservative party, profoundly distrusted popular institutions. And, as Professor
Morsel has written, the clear tendency of his constructive
statesmanship, in President Washington's cabinet, " was to
foster the growth of a moneyed aristocracy and to make it
the permanent ally of the government."  Against tendencies of that character arose the movement of the Jeffersonians,
which proved successful in I8oo. That the uprising was
primarily against what the Jeffersonians believed to be the
menace of plutocratic aristocracy to democratic ideals cannot
be doubted.
The tendency of radicalism to be mastered by conservative
influences, when it has assumed the immense responsibilities
of government, was illustrated by the " Jeffersonian period.'
Within twenty years after Jefferson's first inauguration the
" Jacobin " party became the abiding place of a large part
of the conservatism and wealth of the country; and in
twenty-four years it elected as President a statesman who
was no other than the son of John and Abigail Adams.
There had been a transformation of energy from radicalism
to conservatism, but the radical force was still existent. And
it proved itself again supreme when the Jacksonians overthrew the later Jeffersonians in 1828.
Much that Andrew Jackson did is condemned by historians,
yet he was the accepted political champion of the more
1 See " The Significance of the Democratic Party in American Politics," by Professor A. D. Morse, of Amherst College, in International Monthly, October, I900.
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PRESENT POLITICAL TENDENCIES


3


democratic portion of the people and he incarnated a radical
force that viewed with deep distrust the moneyed and aristocratic influences of the time. Essentially, the uprising of
the Jacksonians against the later Jeffersonians was the same
in character as that of the early Jeffersonians against the
Hamiltonians.1 But, like the Jeffersonian movement, that
of the Jacksonians was soon mastered by conservative
influences. In less than a generation it had been degraded
into a political machine for the protection of the Southern
slaveholders and their financial allies in the mercantile and
manufacturing North, while during the acute slavery conflict
and the Civil War period its normal and primary characteristics were lost to view. Abraham     Lincoln became the
"defender of the faith," the great democrat of the age.
In the twenty-five years after Appomattox the party
called Democratic tended slowly to reassume the character
which the slavery struggle had so distorted. The wageearning classes in the North, especially in the large cities
and towns, had clung to it with surprising tenacity. Both
Mr. Tilden and Mr. Cleveland were conservative leaders and
their popular successes in 1876 and I884 were due to the
errors, corruption, and popular weariness of prolonged
Republican rule. Mr. Cleveland's second election in I892,
however, showed that the Democratic party was again
growing radical in the same sense that the democracy in
i8oo and i828 had been radical.  Not only had the great
strikes of that year embittered labor organizations, but in
I890 there had appeared one of the most extraordinary
movements recorded in American politics, the uprising
among the farmers of the Western and Southwestern States.
Populism was based on discontent. Even in a party sense
it was democratic if you accept Professor Morse's definition
that "the Democratic party is the political champion of
1 It is almost amusing now to read that the Whigs always maintained that the
party of Jackson was not the party of Jefferson. " It was in their eyes a new and
dangerous party which had filched the name of the party of Jefferson."-See
"Political Parties in the United States," by Jesse Macy, page 34.
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4      ANNALS OF THE AMERICAN ACADEMY


those elements of the democracy which are most democratic. "
Jackson himself, to quote Professor Morse again, " stood
forth as the champion of the poor, and made war in their
behalf against the rich." And this Populist movement
should be called democratic, using the word in its broad,
philosophic sense, simply because it emanated from the
more common of the common people and was an expression
of discontent with prevailing conditions.
That the Populist movement made its coming felt originally in the Republican party of Kansas and Nebraska,
eleven years ago, was due to the Civil War. The great
conflict over secession had left a strong sectional impress
upon parties in the West so that as late as I888 Kansas and
Nebraska, which contained great numbers of Union veterans, were Republican by enormous majorities. Yet in that
preponderantly Republican population there was a large
class who, under certain conditions, would passionately
support a crusade against wealth. With their old war prejudices against the Democratic party their revolt speedily took
the form of a new, independent political organization. In
the South the essentially democratic nature of the Populist
movement was demonstrated by the speed and ease with
which the old party organization of the ruling class was captured by the " poor whites," led by such leaders as Tillman,
or with which the older leaders like Morgan and Daniel
acquiesced in much of its political program.
Silverism, it is true, became the leading point in the Populistic program, although Populism had very much in common with the contemporaneous uprising of the Australasian
democracy. But that was because the issue had "availability " in politics, owing to the conditions peculiar to this
country. Silver had been demonetized less than twenty
years before the elections of I890, and its "restoration"
had been openly encouraged in Congress and out by prominent leaders of both the Republican and Democratic parties.
Add to that the facts that the United States was a silver[192]




PRESENT POLITICAL TENDENCIES


5


producing country, that it was a " debtor nation," and that
such economists as the late General F. A. Walker were
apostles of bimetallism, and you have an explanation of the
final concentration of the radical movement in the United
States upon " i6 to i," whereas, in Australasia the radical
movement, although agrarian, largely took an entirely
different course.  Silverism gained a " paramountcy " as an
issue, yet it was only a passing manifestation of a force
groping for weapons with which to wage its conflict with
conditions that inspired discontent.
The Australasian radical movement, which was the result
of the same world-wide economic depression which produced
American Populism, ought to be considered in this connection. Both movements were democratic in the broad sense
of the word, the main difference between them being that
the one succeeded in dominating the political situation in
its field, while the other did not. The reason for the success in Australasia and the failure in the United States is
made clear by a New Zealand statesman, Mr. W. P. Reeves,'
who has written in a recent article:
" He (the Australasian farmer) must have cheaper money if he is to
live. If this be so when prices are at an average level, it is easy to
understand that in years like I893, I894 and I895, when depression
was extreme, the bitter cry of the indebted farmer was heard very
loudly indeed. Now the farmer and sheep-owner are not only relatively a more important economic element in the colonies than here
(England) but they are more powerful in politics. The British globetrotter is told in Australasian clubs that the working men rule the
colonies. The artisan and the shearer no doubt have their say in
public affairs. But, one year and another, they are less powerful than
the tillersand graziers. When, therefore, the latter were pressed to the
wall in the bad times of I893-95 it was natural that their governments
should cast about for means to help them. In Australasia governments are, rightly or wrongly, expected to be of use in public emergency, and under the head of public emergency dull times are
included."
1"Colonial Governments as Money Lenders."-National Review, December,
I9o0.
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6      ANNALS OF THu AMERICAN ACADEMY


The result was that in Australasia the governments became
direct money-lenders to the farmers at cheap rates of interest and did various other interesting things of a radically
socialistic nature, and are still doing them, all of which, in
substance, our American Populists had desired their government to do for them.' Populism won in Australasia because
Australasia is a new, undeveloped country, where capital
and vested financial interests are still comparatively weak
in politics. Populism lost in the United States because
capital and vested financial interests are grown relatively
very powerful here. The essentially democratic quality of
the movement in each country, however, remains the same
whether in victory or defeat.
In I890 and 1892 American Populism displayed great
political strength. Mr. Cleveland, although a conservative
man of the most orthodox New York associations, profited
by the Populist disaffection in his third campaign for the
presidency. His political manager, Mr. W. C. Whitney,
who was able to carry New York only by a plurality of
45,ooo, and without a majority over all, made astute use of
the Western Populists by arranging fusions with them
wherever there seemed to be a prospect of diverting electoral
votes from General Harrison to General Weaver. How
powerful that radical movement was in 1892, following the
political upheaval of I890, we can now appreciate by
merely recalling the fact that the Populist candidate for
President polled over a million popular votes and outdid all
third party precedents by the strength he displayed in the
electoral college.
Even independent votes were cast in the East for Mr.
Cleveland on the ground that "predatory wealth" was
becoming intrenched in the national government.2 Mr.
1 See also H. D. Lloyd's " Newest England," besides Mr. Reeves' National Review
article. The platforms of the farmers' alliance in the early 'go's may be referred
to as well.
2 " It is not surprising that labor, believing itself to be oppressed, soon rose in
revolt, and civil war has actually raged this summer in four different sections of
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PRESENT POLITICAL TENDENCIES


7


Cleveland, too, permitted himself to show sympathy with
that feeling by his denunciations of the "sordid" phases
of a high tariff and by his public references to the Homestead strikes. The conservative Democratic stump that year
was a hot place for " robber barons."
It may truthfully be said that the wave of discontent,
which started with such tremendous momentum in the
elections of I890, swept Mr. Cleveland into his second term
as President. Both from circumstances and personal temperament, Mr. Cleveland was unable to satisfy the radicalism
that had placed him in power.     He might have succeeded
had his administration not been so terribly weighted with
the world-wide industrial depression of I893-97. As it was,
even tariff reform, on which Mr. Cleveland had set his heart,
was betrayed by the capitalistic group of the Democratic
senators, and his administration finally stood at bay. It was
violently condemned, on the one hand, by the Republican
opposition as responsible for hard times, and on the other, it
faced the furious radical force that had created it without a
single achievement that could cause a glow in radicalism's
soul. Even the income tax, which was a genuine concession
to radical feeling, was overthrown by the Supreme Court.
The mighty defence of the gold standard alienated the
silverites, while the great railroad strikes of I894 completed
the political misfortunes of the Cleveland regime by making
the Democratic administration the sponsor for certain drastic
military and judicial measures which, however necessary
they might have been, could not fail to be regarded with
suspicion by a democracy already filled with jealousy of
what it believed to be plutocracy's growing power in the
state.
the country. And, of course, the farmers, paying more for what they buy and getting less for what they sell, grow poorer day by day; and excellent farms in some
of the most fertile sections of this most highly protected state will hardly bring
the cost of the buildings upon them."-Wayne MacVeagh's letter, in October,
1892, to J. W. Carter, Secretary of the Massachusetts Reform Club, announcing his
intention to vote for Mr. Cleveland.
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8      ANNALS OF THE AMERICAN ACADEMY


The complete overthrow of the conservative wing of the
Democratic party at the Chicago convention of I896, and the
ensuing alliance between the radical wing and the Populists
was now a matter of course. For the forces of discontent
had been disappointed in the Democratic administration.
Now the history of the Democratic party not only shows
that Democratic leadership, when in office, becomes conservative, but that when the leadership has grown markedly
conservative the restless element of the party periodically
asserts its supremacy over it and attempts to gain control of
the government in behalf of the more democratic portion of
the American people. The uprising of the early Jeffersonians against the Hamiltonians, which originated party
government under the Constitution, the overthrow of the
later Jeffersonians by the Jacksonians and, in our own time,
the tremendous political phenomenon known as Bryanism
seem to justify the statement of a principle that is peculiar
to democracy. It is simply this, that democracy tends to
burst conservative bonds, especially when plutocracy appears
to threaten a suspicious democracy's instinctive ideals. It
was Hamilton's aristocracy of wealth that the early Jeffersonians rose against; it was the power of wealth that the
Jacksonians assaulted so furiously; and certainly enough is
now known of the antecedents and characteristics of Bryanism to make it clear that the heart and soul of its grievance
is the alleged menace of plutocracy. The three movements
led respectively by Jefferson, Jackson and Bryan were
spiritually the same. Whatever their excesses and crudities,
all were anti-aristocratic and anti-plutocratic, and therefore,
they were all essentially democratic.
The substantial identity of the Democratic uprising under
Bryan with those under Jefferson and Jackson being recognized, a most important fact must now be faced. While the
earlier movements attained success at the polls and became
invested with all the responsibilities of government, this one
has been repulsed at two presidential elections in succession.
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PRESENT POLITICAL TENDENCIES


9


Without the joy of victory, without the satisfaction of
achievement, without the responsibilities of power, such as
the Jeffersonians and the Jaclrsonians had, to soften its
crudities and modify its radicalism, this force remains at
large and the problem of its disposition or destination is one
of the most interesting of our political future.
Bryanism is more than " i6 to i "; it is a state of mind.
Even prosperity can do no more than quiet it for a time, while
it can no more be annihilated by presidential defeats than
can electricity or candle power.
The peculiar significance of Mr. Bryan's second defeat,
then, appears as soon as we attempt to answer the question,
what is to become of Bryanism?
A steadily-baffled radicalism may dissipate some of its
energy, but the residuum of force must tend to grow more
radical. That is where psychology steps in. If a dog finds
his bone pulled constantly from under his nose he finally
may become furious enough to plunge through a picket fence.
It is noteworthy that some of the leading Populists of the
early 'go's have already become outspoken socialists.
Notwithstanding that he has been charged with being a
socialist, Mr. Bryan, however, had not shown up to the last
presidential election any tendency in his thinking toward
socialistic ideas. The leader of the discontent movement, so
far as it has had real force in the field of practical politics,
Mr. Bryan, curiously enough, has been thoroughly oldfashioned in his theories. His own statement not long ago,
that he did not hold a single political principle that was not
one hundred years old, can be demonstrated by an analysis
of his opinions on public questions. It is extraordinary
that he should have been hotly denounced as socialistic by
men who were in reality more socialistic in their conception
of competition and trusts, for example, than he ever has
been. Even Mr. Bryan's bimetallic theories, which are at
the basis of his silverism, are old-fashioned and out of date
rather than socialistic. And in the matter of " government
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IO     ANNALS OF THE AMERICAN ACADEMY


by injunction," or the power of equity courts to punish for
contempt, his position is the one that was generally held by
English and American jurists only thirty years ago. As a
president, Mr. Bryan, burdened with the responsibility of
power, would probably have remained far more conservative,
however, than he will now in the r6le of free lance.'
But Mr. Bryan personally can be left entirely out of
consideration.  He may or may not have a political future.
He may or may not maintain a position of leadership in the
Democratic party. Eliminate him entirely. The important
point is that what is loosely known as Bryanism, and which
is really a radical impulse based on human discontent,
continues in a state of intellectual fluidity, which is the
prime requisite of the acceleration characteristic of radicalism.
II
INFLUENCE OF IMPERIALISM
In order to sense the future from the standpoint of the
present, it is necessary to extend one's view over the worldwide field of contemporary politics so that political influences
of a world-wide character may be detected and examined.
Broadly speaking, the general elections of 1900oo in both
the great English-speaking countries were a triumph for
what has come to be generally known as imperialism.     And
the result seems to have been logical since it expressed the
predominant spirit of the time. The imperialistic movement
is world-wide and thus far has been irresistible, owing to
the combination in its favor, whether in Germany, France,
England, or the United States, of such mighty influences as
1This is already shown to be true by Mr. Bryan's public endorsement of an
independent "municipal ownership" candidacy for the office of mayor of St.
Louis in the spring of the present year, I90o.
2 The writer will use this word, " imperialism," because it is used by all parties
in Great Britain without protest; it is necessary also to have some one word to
describe the expansion movement in the various countries of Europe and America
to which reference will be made. No other word meets the requirements so well
as this one.
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PRiUSI~N  POITyICAL TUNDUNCIUS      I


II


the popular sentiment for the flag, modern finance and the
missionary impulse of the Christian religion. Finance has
demanded new markets, and the church, new or broader
fields of evangelization. As for the flag, "who will haul
it down?"
So far as the United States is concerned, the radical
Democratic movement led by Mr. Bryan beat in vain against
this imperialistic combination. The flag sentiment was
against it; the evangelical church was against it on foreign
missionary grounds, and " business" was against it because
" business " was entirely content with the present situation
and fearful of any change. Business interests in our time
have grown proportionately stronger in politics than they
were when they unsuccessfully fought Jefferson the century
before. Von Holst1 says that the Jeffersonians "were far
inferior to the Federalists in the numbers and ability of their
leaders; and moreover, the great moneyed interests of the
Northern States were the cornerstone of the federal party."
In order, now, to project the future of the radical movement in America we must first consider the effect of
imperialism, assuming it to continue unchecked, upon the
party of the opposition.
There are signs that the party of the opposition along the
old lines must suffer permanent disintegration. Two forces
are attacking it, one economic, the other political. It is
being disintegrated, from an economic standpoint, because
the imperialist trade argument for territorial expansion,
even with an accompanying militarism, is not being easily
and readily controverted by those who adhere to the orthodox views of capitalism  and competition.   Business is
always a practical, immediate question.   The pressing
problems in the world of industry and finance are the next
dividend and the current rate of interest.  In reality,
"finance " never takes what is called a far look ahead for
the simple reason that it must preserve itself in the immel " Constitutional History of the United States," vol. i, page I79.
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12     ANNALS OF THE AMERICAN ACADEMY


diate future.  If, therefore, owing to high industrial
development at home, the interest rate has fallen to a low
point in western commercial countries, and the field for the
investment of the rapidly accumulating surplus of capital
has become at the same time much narrowed, it follows that
capital will seek at once fresh opportunities for investment,
anywhere and everywhere, in order to keep itself employed
and prevent the rate of interest from falling. In doing this
capital will not look a century ahead; it will consider its
own immediate prospects.
Now it is perfectly clear, as some imperialist writers
assert, that under the old order of things capital has reached
a point in Europe and America when the home field for
profitable investment is narrowing.  The savings bank
interest rate has fallen so low that in the eastern part of the
United States no family man earning a small salary can hope
to put by enough in the average working life to live on the
income of his savings, when the time comes for him to retire
because of advanced years or impaired vitality. These
facts are universally admitted. And when the commercial
imperialist, living in a world where high tariffs are still a
weapon of trade rivalry between nations, presents his
argument for territorial expansion, wherever extended
sovereignty or government control may bring new marketsor preserve old ones-and bring new fields for investment
within the grasp of capital, he bases it on those facts. How
does the anti-imperialist, whose economics are of the same
orthodox competitive school, meet the argument? Usually,
he does not meet it at all, from the viewpoint of economics;
usually, he plants himself on certain moral principles hostile
to war, conquest, militarism and on abstract political doctrines regarding freedom, self-government, the rights of
man, and the right of nationality. But, when he does
meet it, from the viewpoint of the old-fashioned political
economy, does he meet it effectively? His answer fails,
apparently, to sway the modern capitalist and manufacturer
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PRUSUNT PoLITICAL TuNDFNCI S         '3


13


because it projects the argument into the remote future,
while " business " is thinking of the immediate future.
For example, the anti-imperialist, in answering the commercial imperialist, points out that the extension of our rule
by force will entail such heavy expenses of war and administration upon the people at home that ultimately all the
commercial profit from such adventure will be balanced by
losses, and, in reality, the country as a whole will not be
the gainer. Again, the anti-imperialist answers that while
the commercial exploitation of such regions as China will
probably open up new fields of investment for western
capital, and thus tend to keep up the rate of interest, the
time will come when those fields also will be exhausted, and
then whither will capital turn? Again, he answers that in
opening up these new fields of exploitation in the Orient the
capitalist will so develop those countries that they will in
time become manufacturing and capitalist countries themselves and, with their cheap labor, will surely begin a frightful industrial competition with our own people. The antiimperialist answer, in short, while possessed of real strength,
deals almost entirely in futures more or less remote. To
every one of these points "business" is disposed to say,
"sufficient unto the day is the squeezed lemon thereof,"
while it follows the law of its being by looking out for the
main chance now. It cannot stop to theorize or prognosticate about ultimates when its chief concern is to provide for
the next quarterly dividend. Nor will it be much disturbed
over war taxes which the whole people, rather than any one
set of interests, must bear.
At any rate, it is a startling fact that the old political opposition, whether in Germany,' Britain or the United States,
is now split, or practically destroyed, along the line of the
economic argument for imperialism. The anti-imperialist
answer has no potency in Britain as a party life-preserver.
1 The old liberal party of Germany has practically disappeared, and the only
strong political force there opposed to imperialism is socialism.
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Nearly the whole body of liberals who followed Mr. Chamberlain into the coalition with the tories in I886 have
become strong imperialists; indeed, none surpasses Mr.
Chamberlain himself in the intensity of his imperialistic
sentiment, although in his younger days he was a radical
of the radicals in politics. Among the liberals of to-day
the strong section which looks to Lord Rosebery for leadership is avowedly imperialistic. The political strength of
anti-imperialism in Britain is now represented by an earnest
wing of the old Gladstonians and the members of the Irish
and social labor parties, in all having a comparatively weak
influence at the present time upon British politics. The
disintegration of the liberal party on this issue is complete,
and probably one of the chief reasons for it-as clearly
appears from the fact that London and all the great English
industrial centres have become hotbeds of " Chamberlainism "-is the catchiness of the commercial argument for
expansion and imperialism.
As for the United States, nothing has been more interesting than to observe that the gold Democrats, whQ are the
capitalistic wing of the old Democratic party, have quickly
developed strong imperialistic tendencies. It were an easy
matter to mention influential newspapers of the gold Democratic and anti-Bryan character, such as the New York
Times and Brooklyn Eagle, as well as prominent men,
formerly supporters of Mr. Cleveland's two administrations,
who are avowed advocates of the imperialistic policy on
commercial grounds. It were also easy to show that in the
South, where Mr. Bryan received all but thirteen of his
electoral votes in the last presidential election, the commercial argument for imperialism has met with much favorable
response. In view of the South's attitude toward the black
race the response promises to be more favorable in the
future.
One hazards nothing in saying that the former Democratic
party of the United States, that is, the party which carried
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PRESENT POLITICAL TENDENCIES


Is


Mr. Cleveland to victory in I892, must remain hopelessly
rent on the issue of imperialism.
Everywhere, also, the old opposition party is subject to.
the disintegrating, or paralyzing, effect of political forces
that are peculiarly active during an imperialistic era.
Approach this phase of the question 2 priori or inductively,
as you please, and the conclusion is the same. Imperialism
means the predominance of questions of foreign affairs in
the politics of a nation, and the predominance of foreign
affairs, for any length of time, means a weakening of party
government through the weakening of the parliamentary
opposition and the corresponding strengthening of the ex/
ecutive. For issues pertaining to foreign relations are
always difficult for an opposition to handle owing to the feeling that party spirit should not pass beyond the three-mile
limit. Criticism is more bitterly resented by those in power
in matters of exterior policy than in affairs of domesticconcern. The almost menacing cry, "Stand by the government "-right or wrong-is invariably heard when the
government clashes with a foreign people or ruler. If such
a crisis reaches actual war, however wicked the war may be,
criticism of the party in power always shrinks in volume
and the opposition as a whole becomes paralyzed. The
slightest questioning of the government's policy is then
construed as "unpatriotic" or "treason." In England.
Mr. Chamberlain, during the Boer war, has maintained exactly that attitude toward the critics of the government's
policies.
That the national spirit should rise above party spirit in
the stress of war time should be cordially conceded, yet no
amount of patriotism can blind the clear thinker to the fact
that the natural and most vital function of a parliamentary
opposition grows atrophied while such a period lasts. Continue indefinitely, or for many years, a period in which international competition in its various phases enthralls the
attention of a people, and it follows that party government
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must suffer. It is probable that, owing to the problems
connected with the opening of China, for example, the
western nations, including the United States, have already
entered upon such a period of prolonged attention to foreign
affairs. A priori, party government in such a period must
decline; are there any signs that it has actually begun to
decline?
" It does not admit of doubt," writes Professor Paul S.
Reinsch,1 "that modern     imperialism  tends to withdraw
public interest from the fields within which party government can best exert its influence." Running over the great
imperialistic powers of Europe, what do we find? In
Russia the advantages of an absolutism for competing with
rival powers in the new race for empire have been so clearly
realized that the movement for more liberal political institutions has almost disappeared, outside the nihilistic groups, as
an appreciable force. " Now that all the national energies
(of Russia) are concentrated upon the expansion of the imperial domain," writes Professor Reinsch, " the growth of a
party system on western models is less likely than ever-in
fact, it is an impossibility." And Alfred Rambaud,2 the
French historian of Russia, has but lately written:
"Russia is the only European power which has an absolute government. Its autocratic feature, so fiercely assailed upon the accession of Nicholas I. by the ' Constitutionals ' or ' Republicans ' of 1825,
and under Alexander II. by the Nihilist conspiracies, seems to have
taken on a new life in the estimation of the Russian people, because,
according to the expression of Prince Oukhtomski, it is the necessary
condition of the greatness of their nation and of her 'supernatural'
and providential mission in Asia."
M. Rambaud notes that this despotism is at least "thoughtful of the economic interests and the well-being of the Russian people, blending its ambitions with the legitimate
aspirations of the nation." With the popular imagination
1 " World Politics," page 328.
2 "' xpansion of Russia," page 85.
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PRESENT POLITICAL TENDENCIES


I7


heated by the fascinating dream of world empire for the Slav
race, the practical paralysis of the liberal movement in
Russia has come as a matter of course.1
As for Germany, it did not require the Kaiser's act in
sending an army under Count Von Waldersee to China
without consulting the Reichstag to show that recent years
have marked a decline in Parliamentary government.2 Bismarck had succeeded before his retirement in breaking up the
old German party system by his attacks on the Roman Catholics, his persecution of the socialists, his abandonment of the
national liberals and his later affiliations with the agrarians
and high protectionists. The Kaiser's speeches, since he
assumed his aggressive r61e in building up a colonial empire,
have been a kind of bugle call to the German people to
range themselves " in serried ranks " behind him, repudiating the party system, in order that German interests abroad
might not suffer from dissensions at home.
The degeneracy of party government in France, owing to
external ambitions, is well summed up by Professor Reinsch.'
Is there also a decline of party government to be observed
in the countries where it has flourished most, since the rise
of democracy? The wreck of the great Liberal party of
Gladstone would seem to afford an affirmative answer, so far
as Britain is concerned, and that the wreck is due in no
small degree to the imperialistic lurch of the past twenty
I The disturbances, chiefly in the universities, reported from Russia this spring
(19go), may seem to contradict this view. The writer, however, cannot discern
that those disturbances, in the main, were other than students' outbreaks due to
the harsh administration by the late minister of education, M. Bogaliepoff. (See
dispatch from St. Petersburg in New York Times on April 21, 1901. See also the
letter of Colonel W. R. Holloway, U. S. Consul General at St. Petersburg, to the
editor of the Indianapolis Journal, reprinted in the New York Times, April 25,
I90o.) The excommunication of Count Tolstoi may also have been a contributing
cause of the disturbances.
2 See "Governments and Parties in Continental Europe," by A. Lawrence Lowell,
vol. ii, page 54; " World Politics," by Professor Reinsch, page 329; also a letter by
Professor Theodore Mommsen-" Militarism and Bismarckism have thoroughly
driven out of them (Germans) all desire for self-government "-as quoted in a
Berlin letter, dated October I5, I9oo, printed in the New York Evening Post.
8 " World Politics," page 330.
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I8     ANNALS OF THE AMERICAN ACADEMY


years is clear. The Liberal party became great and masterful in British politics only when the Napoleonic struggle had
been so far forgotten as to permit the people to turn their
attention to domestic affairs, and it has declined again as
soon as the empire found itself confronted with a desperate
international rivalry in the outside world. Party government in Britain reached its culmination in the middle and
later periods of the nineteenth century when politics was
almost exclusively devoted to questions of domestic reform.
Parliamentary institutions certainly entered upon a golden
age after the English reform bill of 1832 and never was the
House of Commons more powerful or more splendid than in
the days of Cobden, Bright and Gladstone.
When King Edward VII. opened his first Parliament there
were no seats and scarcely any standing room for the members of the House of Commons in the chamber where the
royal spectacle was unfolded. This was cause for complaint.
While petty as an issue, it seemed to some observers1 to
signify " a foretaste of a more serious depreciation." The
revived importance of the crown was, indeed, a favorite topic
of discussion in London papers after Victoria's death, and it
is worth observing that the notion sprang from the fact that
the crown is the visible link between the dependencies and
the United Kingdom. In an imperialistic age, therefore,
even the crown, to say nothing of the cabinet, gains in
prestige.2
In examining the forces making for the disintegration of
the opposition we may not omit certain other considerations
of importance. Students of the effect of modern imperialism upon democratic institutions agree that an actual necessity will be manifested for the concentration of great powers
1 Letter by Professor Goldwin Smith to Manchester Guardian, March 6, I9or.
2 Agreement on this point seems general in England. The Spectator not long ago
said: "The power of government is nearly everywhere visibly passing to the
cabinet." Professor James Bryce in the Manchester Guardian, April 5, 1901,
declared: " Since 188o the cabinet has grown in power at the expense of the
legislature."
[206]


_______                                                                                 _) ___  _




PRESENT POITICAi, TENDENCIES


I9


in the executive. The tendency in that direction is noted by
two observers who are not in sympathy with each other on
political issues. Professor Goldwin Smith' has written:
"The tendency of imperialism   to an increase of the power
of the executive at the expense of the representative is
already seen in England, where the House of Commons has
of late been manifestly losing power while the ministry has
manifestly been gaining it." The Spectator notes the same
tendency and it intimates that such a tendency is toward
absolutism.2 The Spectator might well have noted not only
the actual tendency, but the necessity for such a development
in an imperialistic era chiefly characterized by intense competition between nations for political and commercial prestige. Imperialist testimony is not lacking, however, as to
this requirement of the imperialistic system.'
Nor can anyone deny the real advantages in international
competition which an absolutist government possesses. " No -
Parliament, therefore, no questionings, no blue or yellow
books," writes M. Rambaud on this point in his " Expansion
of Russia."   "A restricted liberty of the press closes with
respect the indiscreet lips of reporters and interviewers.
Hence secrecy in both planning and executing is possible.
There is no need of throwing dust in the eyes of Parliaments,
of the newspapers and of the people; nor is there any need
of brag, optimistic proclamations and of oratorical heroics.
Great conquests can be accomplished silently."     England
was never more feared or more potent in foreign affairs than
when she was ruled by the despot Cromwell. We must
agree that concentration of power is an essential condition
of the most successful international rivalry; and it follows
that during an imperialistic era there will be a growing
pressure, even in a democracy, to bring about all the concen1,, Commonwealth of Empire."
2 " Resolute opposition and the widest criticism of executive policy is not only
legitimate but necessary; but the pulverizing of the parliamentary institution
itself can make only for despotism."
3,, The United States as a World Power," by Charles A. Conant, the Forum, 900oo,
[207]




20     ANNALS OF THE AMERICAN ACADEMY


tration of power in the executive necessary to successful
competition.
Judge Simeon E. Baldwin,1 of the Connecticut Supreme
Court, points out that the powers of the president of the
United States " have been steadily growing ever since that
great office was created," and it is his opinion that they will
continue to grow, as new occasions for their exercise arise.
Already, he says, the President's great powers "make us
fitter than most republics to play the part of a great power
in large questions of diplomacy."2 But there certainly can
be no further concentration of powers in the executive of
this republic without weakening parliamentary prestige and
party opposition.
And, as a final consideration in this branch of the inquiry,
we must remember that the old opposition must remain out
of power substantially all the time while imperialism represents the nation's chief aspiration. It is no new thing in
parliamentary government for one party to hold power for
thirty, forty, even sixty years with only slight interruptions.
The Democratic party of the United States held firmly the
reins of government from I8oo down to I860 with only such
unimportant breaks as were occasioned by the Whig victories
of 1840 and 1848, neither of which enhanced the strength
of the Whigs nor weakened their opponents. From I86o to
the present day the Republicans have held power without
more serious interruptions than the two terms of President
Cleveland.  The whole nineteenth century in American
politics is thus seen to be divided into two grand divisions of
time during which respectively one party or the other was
practically supreme.
Under parliamentarianism, English politics have shown
I Article in Yale Review, 1901.
2 An extension of the executive powers already under way is embodied in the
so-called " Platt Amendment," providing for the organization of the government
of Cuba. As the medium for intercourse with foreign governments, and as the
enforcer of treaties the President will gain more power than will Congress from
the arrangement.
[208]




PRESENT POLITICAL TENDENCIES


21


the same phenomena. There was a long period of Whig
ascendency after the revolution of i688, extending down to
the accession of George III. and after, and then followed the
Tory supremacy, beginning with the younger Pitt's ministry
in 1783, and lasting until the political revolution of which
the reform bill of I832 was the culminating legislative
expression. Then arose the modern Liberal party of England
whose period of domination in British politics was but little
broken for sixty years.
Viewed in the perspective of the two centuries of parliamentary government since the flight of King James II. it is
evident that government by any one party broadly tends to
run in cycles of many years' duration. Intelligent people
scarcely need to be told that this tendency has a reason for
being. In the evolution of nations the people in /certain
periods have different activities, different opportunities,
different aspirations from those in other periods. After the
flight of James II. with the ghost of monarchical absolutism,
the party which was the special advocate and defender of
parliamentary rule inevitably and logically had possession
of the government most of the time until the reaction arose
against the corrupt Whig aristocracy. During the first half
of the eighteenth century the Whig nobles, whose political
philosopher was Locke, represented the aversion to monarchical despotism and "popery," then the leading political
instinct or idea of the English people. The later Tory
domination represented not only the reaction against Whig
rule and Whig corruption, but the popular spirit of antagonism to the exterior Napoleonic system, which England
conceived to be hostile to English growth, and English
freedom. The great Liberal supremacy during the larger
portion of the nineteenth century was the expression of the,
Democratic impulse toward ecclesiastical, criminal law and
fiscal reform, modern industrial development and the
political emancipation of the masses.
In the United States, the respective periods of supremacy
[209]




22     ANNALS OF THE AMERICAN ACADEMY


enjoyed by the opposing parties for so many years, have
manifestly been but expressions of the prevailing spirit of
the American people-democracy showing more the particularist, centrifugal and anti-aristocratic tendencies not unnatural in the earlier part of the republic's life, and the
Republicans of the later era responding to the passion for
strong nationality, and to the demands of the prodigiously
expanding industrial power of a young and favored people.
That the occasional interruptions in these long periods of
party supremacy, caused by the passing of power for a brief
stage to the opposition, have been of slight significance
appears in the fact that at such times the opposition's lease
of power has often been attended by highly important acts
in harmony with the general policy of its great antagonist.
Sir Robert Peel, who found himself at the fag end of the
Tory period, was put into office as an anti-Catholic, but he
carried Catholic emancipation. He was the leader of the
English protectionists, but he carried free trade. So, too,
Disraeli, another leader of the Tories, once "dished the
Whigs" by carrying a liberal measure extending the franchise. John Tyler's nominal Whig presidency was notable
for its designs upon Texas, which were as far as possible
from Whig principles. Mr. Fillmore's administration protected slavery.  And the supreme achievement of the
presidency of Mr. Cleveland was the successful defence and
maintenance of a monetary system which was at heart
antagonized by the majority of his own party in Congress
and supported by a majority of the party to which Mr.
Cleveland was opposed.
What are the ultimate effects of these long periods of
supremacy for one party upon the party of the opposition?
Our historical perspective through two centuries of English
and American politics cannot leave us in doubt. The effects
are disuse, division, decay. The old party, reduced for a
prolonged period to opposition, has had to be regenerated,
often with a new name, before beginning a fresh era of
[210]




PRESENT POLITICAL TENDENCIES


23


domination. Glance backward and observe certain facts.
The English Tories who succeeded the English Whigs in
power late in the eighteenth century were by no means the
same party, in working program, as the Tories who had
supported the Stuarts in their claims to rule by divine right.
The Liberals who, early in the nineteenth century, snatched
away the supremacy of the Tories, were different from the
old Whigs from whom they had descended. And the conservatives, or unionists, in our own day who have finally
brought, as it appears, the long period of Liberal ascendency
to an end, are not the same, in domestic politics at least, as
those stout old Tories, their forbears, who believed that the
reform bill and free trade and Catholic emancipation would
throw Britain into unspeakable ruin. Coming to the United
States again, we find that during the long period of Democratic ascendency from i8oo down to i860 the party of the
opposition disintegrated and changed its name no less than
twice-Federalist became Whig, and Whig became Republican before the party of Lincoln, Grant and McKinley
began its prolonged lease of power.
So the disuse of a party leads to its decay; while parliamentary history in England and America seems to teach that
the assumption of power for a lengthy period, during which
a party must be the organic expression of a dominant
national feeling or aspiration, presupposes a distinct change
in the character of the party as compared with what it was
in former periods of ascendency.
If these principles be applied to the political situation in
America to-day-granting that imperialism is to be the
dominant idea in the immediate future-then it is highly
probable, if not inevitable, that the party which has been
pretty steadily in opposition since the Civil War will suffer
still further disintegration from its prolonged inactivity in
responsible government, and will finally undergo an important transformation in character before again becoming the
organized political expression of the national life.
[211]




24     ANNALS OF THE AMERICAN ACADEMY


The cumulative effects of the new American imperialism
upon the opposition party are now seen to be broadly
destructive from various viewpoints, economic, political and
historical. In politics, however, as in nature, decay may be
coincident with growth.       The decay of vegetation means
the deposit of beds of coal. Energy may change its form,
but it cannot be destroyed. While an old political party in
democracies is undergoing dissolution, you may be sure that
at the same time a new one is springing into life. Now, two
things are manifest: first, however prolonged may be the
supremacy of the imperialistic spirit, it must sometime burn
itself out and be succeeded by some other; second, the field
will then be open to the party-fresh in vitality although it
may be old in name-which will have grown into being and
slowly have swelled with vigor during the imperialistic
regime, and which will have become the expression of the
newly developed longings of the people.
III
THE SHADOW      OF SOCIALISM
That the new party entity of the future-dimly forecasted
perhaps-will be distinguished for socialistic proclivities
must by this time have been suggested to the discerning
mind.' In order to appreciate the full power of socialism
1 Professor Edward Dicey, referring to British politics, has made this forecast:
"Thus, if I am not mistaken, the liberal party of the future, under whatever
name it may be known, will be a radical party with socialist proclivities. Such a
party, whatever may be the predilections of its individual members, must of
necessity be anti-imperialistic."-" The Downfall of Liberalism." Fortnightly
Review, November, I9oo.
Mr. John Morley has said " that the day when the Liberal party forsook its old
principles (referring to anti-imperialism and anti-militarism) the Liberal party
would have to disband and to disappear....The socialists would take its place.
He had in the past set his back to the wall against the socialists, but if he were
to choose between the socialist and the militarist with all his random aims, his
profusion of the national resources, his disregard of the rights and feelings of
other people he considered the socialist's standards were higher, and his means
were no less wise."-Address before the Palmerston Club at Oxford, 19oo, as
reported by the London Chronicle.
As for the United States, the New York Sun, Republican and conservative, said
[2I2]




PRIME=N POuTICAi. T]ZNDRNCZS        2


25


to attract those who are always sure to be out of sympathy
with the imperialistic spirit, it must be scrutinized without
prejudice, and, if anything, with a touch of sympathy. In
such a spirit, therefore, without attempting any profound or
comprehensive analysis of socialism as a philosophy of
humanity or a system of economics, let us briefly suggest its
possible points of potency as they may present themselves
in the minds of the scattered opposition.
Socialism seems to be the only system that can or will
aggressively combat the economic argument for imperialism.
Reduced to the lowest terms, that argument is the necessity
for widening markets. Under the present order of society
in the most civilized and most populous portions of the
western world, the new markets must be found, it seems,
almost anywhere but at home; yet no fact is more obvious
than that the real consuming power, as contrasted with the
purchasing power, of our own people has never been tested.
When the products of American looms seek purchasers in
China is it because there are no people left in America who
desire or need those products, no people who would buy
them if they could pay the price asked for them? The
truth  is that every great city has tens of thousands, and
every town its hundreds, who have an enormous capacity
for consumption which they cannot begin to satisfy; while
the whole United States contains millions of people whose
editorially, January 3, i9oi: "The Democratic party can never again be what it
was before... The issue of imperialism may assume a shape which will be less
artificial than that it had in the last campaign, but it will be joined with radical
social theories or be subordinated by them and made incidental only. It seems
inevitable that the Democratic party of the future should become the expression
of popular discontent with the conditions of material progress established and of
resistance to them."
The Washington correspondent of the New York Evening Post wrote, November 23, 1900: "J. G. Shanklin, who has long been prominent in the Democratic
politics of Indiana, proposes that the party should at once invade the field of
Socialism. 'It should declare,' he says, 'for the initiative and referendum, for
government ownership of all public utilities, for bimetallism, for an income tax,
and for the election of United States Senators and other officers of the government
by direct vote of the people.... Socialism seems to be the coming policy of government. If the Democratic party does not take it up, I believe there will be a
new party."'
[2I3]




26      ANNALS OF THrE AMERICAN ACADEMY


poverty alone prevents them from consuming very many
times more of the products of the nation than it is now their
lot to consume even in the heyday of prosperity. During
seasons of hard times we are familiar with the spectacle of
production being curtailed while the army of the unemployed
grows like a mushroom   and the soup houses cannot be
opened fast enough to keep honest and able-bodied folks
from starving.
Socialism may be all wrong, but in meeting the economic
argument for imperialism it will at least be able to point to
the undeveloped consuming power of the people at home as
an answer to the demand for new markets abroad that must
be appropriated and held through the costly and bloody
sacrifices of the sword. Socialism at least will not be timid
in charging this under-development of the home market
upon the old industrial order, and in attempting to show
that commercial imperialism is itself essentially a confession
of the economic failure of the old industrial system.
And socialism will also show that imperialism is but a postponement of the final reckoning among the great forces of
international and national competition, that it offers no ultimate solution of the industrial problem which the competitive system has left to us. The world does not contain an
endless round of new foreign markets, or virgin fields for
the investment of surplus capital. The earth is but 25,000
miles in circumference and the era of " commercial exploitation " in strange lands is as sure to end as the age of geographical exploration. The present " undeveloped " countries will before long be developed and then we shall see
surplus capital again racing ahead of its opportunities for
investment. Give to China the utmost value as a field for
commercial exploitation, and you must still face the time
when China, so far as foreigners are concerned, will be in
the condition of a squeezed lemon. And finally we must
face a China transformed into a commercial competitor of
untold power by the introduction of this same capital and
[214]




PRUSZNT POLITICAL TIRNDUNCIUS


27


these same mechanic arts on which the West now bases its
own supremacy. What must happen when the "jumping
off place " in the hunt for new   markets abroad has been
reached? Must not an economic philosophy of the intensive rather than that of the expansive in industry then capture
the field?
The socialistic assault upon commercial imperialism will
not be weakened, meanwhile, by the insistence of the imperialistic writers1 upon the highest possible development
of the trust as a necessary agency in a successful struggle
for supremacy in foreign markets. It amounts to this, the
imperialists propose to destroy the principle of competition
at home in order the more successfully to meet the conditions which the principle of competition imposes upon them
abroad.
How far do they think they could go in such a process
without pulling the whole house down over their heads?
By the time the imperialists had reached the limit in the
hunt for new foreign markets-and reach it they would even
if the United States should become supreme in every market
of the world-surely, the transition from the reign of
private monopoly to the reign of public monopoly, or to
the reign of socialism, would have been rendered all the
easier.  For consider the    moral and    intellectual effect
upon the people of such a spectacle as this-an economic system destroying itself at home in order to maintain itself abroad. The sight of it could hardly be used as
an argument to withstand the assault of socialism upon the
entire regime of private monopoly. The economic process
See " The United States as a World Power," by Charles A. Conant, the Forum;
also, especially, " The New Industrial Revolution," by Brooks Adams, the Atlantic
Monthly, February, 190o. Mr. Adams writes: " The trust must be accepted as the
corner-stone of modern civilization, and the movement toward the trust must
gather momentum until the limit of possible economics has been reached....
Should America be destined to prevail in the struggle for empire which lies before
her, those men will rule over her who can best administer masses vaster than
anything now existing in the world, and the laws and institutions of our country
will take the shape best adapted to the needs of the mighty engines which such
men shall control."
[215]




28     ANNALS OF THE AMERICAN ACADEMY


would too much resemble a hungry snake swallowing itself
by the tail, to be lost upon the humorous instincts of the
American people.
Socialism at another point may prove capable of attractingthe opposition because it is antagonistic to militarism
and the processes of military conquest. According to all
experience, imperialism  involves militarism.  Socialism,
therefore, will be in a position to profit by the popular
reaction against military burdens and losses, military influences and ideals. Itself humanitarian and idealistic regarding the masses of the people, socialism at least furnishes a
strong contrast to the materialistic, coercive and often
bloody phases of imperialism, and, therefore, it may easily
draw to it the humanitarians and idealists who can never find
their conceptions of life and government embodied in the
moral philosophy of the stock exchange, Machiavellian
diplomacy and the rapid-fire gun.
Socialism, furthermore, is not antagonistic to the principles of the Declaration of Independence. It demands
equality in the broadest sense-whether or not it could
bestow it-in the industrial as well as in the political world.
As for liberty, it asserts that no economic liberty is possible
under the regime of private monopoly which the imperialistic writers regard as the next step in the progress of the
age. Nor does socialism deny, like the imperialist philosophers, that just government rests upon " the consent of the
governed."
The celebrated "consent" doctrine, which is associated
so closely with the American Declaration of Independence,
is necessarily repudiated by all imperialists. To Lincoln
that doctrine was more sacred than any religious creed.
But American imperialists in our time treat it as an outworn or discredited piece of "eighteenth century philosophy." 1
1 " Governments," said Senator Platt of Connecticut, " derive their just powers
from the consent of ' some of the governed.' " Senator Lodge refers to it as a
[216]




PRUSI~NTr POLrITCAi TANDENCUMS.2


29


While the exact philosophic and scientific significance of
the " consent" doctrine, as a principle of government, may
be hard to determine, it must still be recognized as a permanent force in affairs. It is an error to say that it originated
with Rousseau. We can readily trace " the consent of the
governed" doctrine back to the English philosophers,
Locke and Hooker. The truth is that the doctrine of
" consent" is inseparable from     the doctrine of "the sovereignty of the people." And the doctrine of popular sovereignty is historically at the base of Democratic institutions.1
If the " consent " doctrine has no future then Democratic
institutions are doomed to perish.2
The " consent " doctrine, in short, is not only as old as
the idea of democracy itself; it must always find earnest
protagonists in people who are most sincerely devoted to
democratic principles and institutions. It is a matter of
some consequence, therefore, that while imperialism minimizes or denies the vitality of the doctrine, socialism must
recognize it as being a sound and living principle. On that
account, socialism will become the more attractive, or tolerable, to the true adherents of democratic ideals during an
imperialistic rEgime.
No consideration of the "drawing" power of socialism
would be complete or satisfactory, in this connection, without
calling special attention to the close relation in so many
minds between      imperialism   and   plutocracy.     It is not
mere " aphorism," a " fair phrase that runs trippingly on the tongue. " The New
York Outlook has thrown it over entirely, saying, " We do not believe that governments rest upon the consent of the governed;" while a Chicago clergyman, Rev.
Dr. P. S. Henson, has been quoted as damning it beyond hope of resurrection in
these vigorous words: "There never was a greater falsehood palmed off by the
devil on a credulous world."
1 See Gierke's " Political Theories of the Middle Age," translated from the German by Maitland, pages 37-48 and 92-93.
2 See "English Political Philosophy," page 62, byWilliam Graham, Professor of
Jurisprudence at Queen's College, Belfast. Commenting on Locke's theory of
"consent," which was borrowed and amplified by Rousseau, Professor Graham
writes: " It is true that unless they (governments) finally rest on the unforced and
willing consent or agreement of the people or the majority they are not free
governments."
[217]




30     ANNALS OF THE AMERICAN ACADEMY


necessary, of course, to show that plutocracy supports
imperialism, when imperialistic writers in America make so
much of foreign markets and defend the development of
trusts as requisite to industrial and diplomatic supremacy
abroad. The notorious facts of the time in China, South
Africa, the Philippines and other fields of imperialistic
activity reveal the zest and " go"' that commercialism gives
to imperialism. When Germany began establishing her
colonial empire Bismarck frankly declared that these new
possessions were regarded not so much as fields for German
colonization as markets to be developed for the products of
German industry.
The growing power of this imperialistic plutocracy is
alarming a great many people.' Wealth, historically considered, has never been in cordial sympathy with democratic
aspirations. Its social cravings have been for privilege and
aristocracy, an illustration of which to-day is the growing
social alliance between American millionairedom and the
old world nobility.  Nor is history without examples of
the subjugation of democracy by mere wealth.2 Since
plutocracy is the main objective of socialism's assault,
it seems reasonable that socialism, under an imperialistic
regime, would attract those who regard the imperialistic
movement as essentially plutocratic, and who hold that
plutocracy instinctively and inevitably threatens popular
institutions.
And now let us pass in review some of the evidence as to
the antagonistic relation actually existing between imperialism and socialism. " In Germany to-day," writes Theodor
Barth,8 ' the Social Democracy appears as the most numerous
political party of the German empire," and its growth, he
adds, "has taken place mainly at the cost of the old Liberal
party, and has been chiefly responsible for that party's
1 Professor Sumner, of Yale University, has said that the great issue of the future
is "plutocracy against democracy."
2 See "Commonwealth or Empire," by Professor Goldwin Smith.
3 " Modern Political Germany," International Monthly, August, I9oo.
[218]




PRESENT POLITICAL TZNDENCIES


3I


remarkable loss of immediate influence in Germany." This
great Socialist party is anti-imperialistic and from its ranks
comes the great bulk of, as well as the harshest of, the German
criticism of the Kaiser's adventures of aggression in such
countries as China. It is a striking fact that German socialism has grown most since the government embarked upon its
colonial policy. Although Ferdinand Lassalle founded the
Social Democratic party as early as 1862, the German socialists were many years in making any real impression upon
parliamentary life. In 1871 the Socialists elected but three
members to the Reichstag; in I887, eleven. But in October,
I900, there were fifty-eight Socialist members, and recent
predictions1 are that in the next general election the Socialist
party in Germany will win Ioo seats out of the total of 397,
and poll at least 3,000,000 popular votes. The modem
colonial policy of Germany was founded substantially in the
decade ending in I890. Ever since the election of I887 the
German Socialists have made steady and alarming gains.2
The case of Italy is also of interest. The Italian Socialists are anti-imperialistic, being opposed to foreign adventure and a burdensome militarism. In the elections of 1892
their candidates for Parliament polled only 27,000 votes; in
I895 they polled 80,000. Crispi's world-power ambition
with its ruinous expenditure was now in full progress, and
twelve Socialist deputies soon appeared in Parliament. The
Italian military disaster in Abyssinia came in March, 1896,
and since then Italy has had much of the expense but none
of the glory of a "spirited foreign policy." The Italian
Socialists, meanwhile, have been gaining ground steadily. In
the last elections they scored a real triumph, and, with the small
1 Berlin dispatch to Iondon Chronicle in October, Igoo.
2 See Berlin letter, dated October 15, I9oo, in New York Evening Post, which
quotes Professor Hans Delbrueck as saying: "The most interesting among the
German political parties to-day is unquestionably the Social-Democratic. It is
the only one harboring problems, the only one holding out a probability of
future development; and it also is, to judge by the number of votes cast for it at
the Reichstag elections, by far the strongest numerically. The other parties are
all more or less in a state of petrifaction."
[219]




32     ANNALS OF THE AMERICAN ACADEMY


groups of republicans and radicals, increased the strength of
the "extreme left" in Parliament to about one hundred
deputies. And it has come to pass that Victor Emanuel III.
has welcomed " radicals or socialists " in the cabinet.' The
influence of this anti-imperialist, Socialist party in Italy is
so great that the Zanardelli ministry, coming soon after King
Humbert's assassination, has made the reduction of taxes,
particularly military burdens, a leading point in its program.
Nor is the relation between imperialism and Socialism
any less distinct in France. In the general election of
October, I877, there were elected to the French Chamber
of Deputies 96 Monarchists, Ii 2 Bonapartists and 325 Republicans. The writer can find no mention of Socialists being
returned at that time, and it is certain that as a party, or
group, they had not then made an appearance in the parliament of the republic. The curious fact, already observed
in German and Italian politics, is now plainly discernible
in French politics, namely, that the rapid increase of the
parliamentary strength of Socialism is coincident with the
development of the imperialist or colonial policy. The
modern French colonial empire, in the main, was founded
in the '8o's of the nineteenth century. With the Socialists
scarcely an appreciable or known factor in the Chamber of
I88o, the Jules Ferry policy of forcible territorial enlargement began in I88I with the French invasion of Tunis.
French aggression in Indo-China came in May, I883, and
the placing of Madagascar under the French protectorate
in December, I885. The Marquesa group of Pacific Islands
was seized in September, I888. In April, I892, came the
expedition against Dahomey in West Africa. From the
Tunis invasion of i88I down to the Fashoda collision with
England in I899 France was constantly at work extending
her colonial empire, and not without serious and costly
wars in Tonquin and Madagascar.
1" The Situation in Italy," by Salvatore Cortesi, in The Speaker (London),
February 23, I901.
[220]




PRESENT POLITICAL TENDENCIES


33


Professor Lowell,1 in his brief history of French parties
under the Third Republic, does not mention the Socialists
as a party until the election of 1893 is reached.  Tabulating the results of that election a French authority credits
the Socialists with 49 members of the Chamber of Deputies,
as distinguished from the Radicals who won 122 seats.
Therefore, French parliamentary Socialism had risen from
substantially nothing, during the twelve years of foreign
aggression, to a membership of 49 and an established status
in French politics. The spring election of 1898 witnessed a
further increase of Socialist strength, the composition of the
Chamber after that test of the electorate being as follows:
Republicans, 254; Radicals, I04; Radical-Socialists, 74;
Socialists, 57; Rallied, 38; Reactionaries, 44; Nationalists,
IO. Together the Socialists and Radical-Socialists, closely
allied groups, made the largest party in the Chamber, except
the Republicans. And this was seventeen years after the
colonial policy was put in operation.
In the elections of 1898, it is of interest to recall that M.
Meline, the conservative Republican leader, expressed confidence that the French people would choose deputies " firmly
resolved to fight with vigor and without compromise the
social revolutionary party. " Yet he was mistaken. Socialism  gained ground. And the parliamentary situation in
the winter of 1900o-o, nearly twenty years after the invasion
of Tunis, revealed a ministry, that of Waldeck-Rousseau,
which rested partly upon Socialist votes, and which had a
Socialist, M. Millerand, as one of its members. The French
Socialists, like the others, are anti-imperialistic, or anticolonial and anti-militarist.  Pierre de Coubertin complains
of that in discussing the Waldeck-Rousseau ministry and its
program. " Together with Roman Catholicism," he writes,
"military institutions and colonial expansion were denounced
as the Republic's most dangerous enemies."
1 "Governments and Parties in Continental Europe," vol. i, page 94.
sDaniel, ",L'Ann/e Politique" for 1893, page 281.
a Prance on the Wrong Track," American Review of Reviews, April, i90o.
[22I]




34      ANNALS OF THE AMERICAN ACADEMY


Socialism in Britain, while much less powerful, is no less
anti-imperialistic than on the continent.' The Social Democrats, led by Hardie and John Burns, were intensely opposed
to " Chamberlainism " in the recent parliamentary elections
and they managed to hold their seats in the House of Commons, notwithstanding the war fever that prevailed in the
country. Kier Hardie looks forward to the final struggle
between liberalism and socialism for the supremacy in the
opposition.2 So far as Britain is concerned, also, not only is
the existing political group that is called socialistic hostile
to imperialism, but a portion of the old Liberal party is
already socialistic.' While it is true that most of the
strongest liberal anti-imperialists are opposed to socialism,
John Morley's attitude4 indicates that they would finally go
with the socialistic wing as a last resort to fight imperialism.
In the United States we must again observe the fact that
all the socialistic parties are anti-imperialistic. The labor
unions are anti-imperialistic, notably the American Federation of Labor, the most influential of them all. The Populist
party has had anti-imperialistic alongside its socialistic
tendencies. In i896 the Populist national platform adopted
See "Election Issues," The Labor Leader and Socialist Herald of London and
Glasgow, September 22, 1900.
2 " Whatever amiable and good-hearted members of the Liberal party may think,
those who control its destinies see clearly that between the commercialism of
liberalism and the socialism of the Independent Labor party there can be no
union... The struggle which is going on to-day is really one for supremacy.
Either commercialism must swallow and absorb the socialist movement, or the
socialist movement must gather to itself those sections of the community on which
liberalism depends for its support, and thereby become the dominant factor." —
Kier Hardie.
3 A member from Edinburgh, William McElwan, a free trade liberal of the old
school, and also an anti-imperialist, declared about four years ago: " Ten years
ago the party became tainted with the new Liberalism, which is really Collectivism... It is evident that we have now in the Liberal party two antagonistic
forces-the one the old Liberalism, based on Liberty, the other the new Liberalism,
based on Collectivism, based on Socialism and tyranny. These two forces can no
more be blended or harmonized than water with oil. Sooner or later they will
come into collision, and when that day comes, I am afraid a reconstruction of
parties will be inevitable."-Quoted in National Review, January, i901, in article
on " The Political Transformation of Scotland."
4 See Morley's Palmerston Club speech.
[222]




PRISENT POLITICAL TENDENCIBS.


35


at St. Louis called for postal savings banks, government
ownership and operations of railroads, government ownership
and the operation of the telegraphs, and the initiative and
referendum-which showed the socialistic tendency.          In
I900, the same party denounced the extension of American
sovereignty to the Far East-which showed its hostility to
imperialism.
The influence of Populism upon the old Democratic party
must necessarily be socialistic, after successive campaigns of
close alliance between the two. The trust and plutocracy
issue in the presidential campaign of 900o was pressed by
Mr. Bryan on old-fashioned lines of individualism         and
competition without gaining any apparent response from the
electorate. Yet one of the inner managers of the Democratic
campaign tells us that when certain Democratic nominees for
Congress (900o) frankly advocated the destruction of monopoly by government assumption of monopoly enterprises,
" in each case such candidates ran far ahead of their party
tickets." This is a significant fact if it reveals in America
that tendency of anti-imperialistic democracy toward socialism, which this discussion had already led us to expect,
rather than toward individualism.
"It looks," says a conservative political observer, " as if
the line of divergence between the two parties would take
this direction: The Republican party would become imperialistic and the Democratic party socialistic. Just what form
these tendencies will take in another campaign cannot be
foretold, but evidence is abundant that this will be the basis
of the line of division."3   But let us be cautious and say
1 Willis J. Abbott, in the Forum, February, I90x.
2 Washington correspondence of New York Evening Post, January 15, Igoi.
sThe results of the spring municipal elections of I9go in Toledo, Cleveland,
Chicago and St. Louis are a confirmation of this forecast. In the two cities first.
named Democratic mayors, Jones and Johnson, were elected on municipal ownership platforms, Mr. Johnson even advocating the single tax theory. In Chicago,
Harrison, Democrat, was elected largely because of his opposition to the street
railway company's demands infranchise matters; while in St. Louis, the bolting
Democratic, or Bryan, candidate for mayor, running on a municipal ownership
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36     ANNALS OF THE AMERICAN ACADEMY


simply that the opposition party, sooner or later, will
probably develop on socialistic lines, provided that the
regime of imperialism has its run.
The supremacy of the South in the present Democratic
party cannot be considered much of a bar to that party's
socialistic development since the imperialism of the Republican party, with its now necessary doctrine of inferior races,
is calculated more than anything else to win support there
for the Republican organization. Imperialism will end the
" Solid South " if ever anything can do it.    For the negro
has been the primary cause of political solidity in the old
slave states.   Now    that the   Republican   party, turned
imperialistic, has virtually accepted the South's view of the
negro race, the centripetal force of Southern political life
must disappear.'
Looking through the vista of years in both Europe and
America, socialism seems to be the logical antithesis, with
its domestic radicalism, to the imperialistic spirit with its
financial burdens, its military conquests and its race dominations abroad. The old Democratic party of 1874-92 in the
United States can no more be restored than it was possible
for the House of Bourbon to revive the ancien regime after
the downfall of Napoleon. The Revolution had left an
impress upon France which no extreme of reaction could
remove. And so the revolution of Bryanism has left
ineffaceable marks upon the Democratic party.
While imperialism continues to embody the chief aspirations of the American people the opposition will probably
be unable to develop a political organization which will for
long be intrusted with government. But out of the wreck
platform, polled about 30,000 votes as againt 43,000 and 35,000 respectively for the
two leading candidates. In Kansas City, too, the Democrats carried the city on
the municipal ownership issue, and it was their first victory in years.
1 " I find we have passed the point where the white people from necessity were
arrayed on one side to protect their civilization, with the negro race on the other,
and can now afford to divide on paramount political issues, as in other states."]Ex-Senator M. C. Butler, of South Carolina, as reported in the Baltimore Sun,
April 22, 1901.
[224]




PRESENT POLITICAL TENDENCIES


37


of the present opposition there will spring, as conditions may
determine, a party of great and growing vitality that some
day will dominate the land, simply because it will meet the
requirements of a new age. "It is no longer possible to
mistake the reaction against democracy," Professor Woodrow Wilson' has recently written concerning democratic
institutions. There will, however, be a reaction to democracy again in good time.
If we must concede that the present imperialistic movement is inevitable as a stage in evolution, the socialist more
than any other, perhaps, can see in it the forerunner of his
ideal universally applied in the world's affairs. While completely antagonistic to socialism under present conditions,
imperialism may break a path for socialism to follow along.
Imperialism may tend to bring the various nations into a
closer knowledge of and community with each other. By
consolidating small states, reorganizing the undeveloped
and eliminating the decrepit ones, it may do for the world
in politics what competition has ruthlessly done for our most
advanced industrial societies. The world is very far from preparedness for socialism, even if it be a coming system; no one
nation could adopt it successfully unless the world as a whole
had attained some quiescence from military or commercial
wars. It may be, as Mr. Roosevelt predicts, that imperialism
will finally command universal peace. In that event, socialism would find more favorable world conditions for trial.
But whatever the ultimate results may be, socialism
promises to grow as a protest to imperialism, as the force
which offers the most available and central rallying point
for the opposition, as the ideal which most fully focuses all
forms of human discontent. If there must be imperialism,
its antithesis, it would seem, must be socialism. Such is the
conclusion, however unwelcome it may be to many minds,
to which this examination of present political tendencies
now brings us.               WALDO LINCOLN COOK.
Springfield, Mass.
1Atlantic Monthly, March, 1901.




THE SUPREME COURT AND THE INSULAR CASES.
The decisions in the Insular cases mark the most extraordinary division of opinion in the history of the Supreme
Court. In the two most important cases-De Lima vs. Bidwell, and Dowrnes vs. Bidwell-the conclusions of the court
were announced by Mr. Justice Brown. In the former he
was supported by The Chief Justice, and Justices Harlan,
Brewer and Peckham; in the latter his concurring associates
were Justices White, Shiras, McKenna and Gray; The Chief
Justice and Justices Harlan, Brewer and Peckham dissenting.
To add to the complexity of the situation the conclusions
reached by Mr. Justice Brown in the Downes case are supported by a totally different course of reasoning by the concurring Justices. In fact, in the concurring opinion of
Justices White, Shiras and McKenna it is distinctly stated
that while concurring in the decree affirming the judgment
in the Downes case, the grounds upon which the judgment is
based are " different from, if not in conflict with those"
expressed in Mr. Justice Brown's opinion.
The series of opinions brings up in acute form the question
of the desirability of elaborate dissenting opinions. If certainty is the highest desideratum of law, there can be no
doubt that the criticism by the minority, of principles laid
down by the majority of the members of the court, hardly
conduces to this end. It furthermore tends to reduce the
dignity of the decisions of the tribunal, and to that extent
diminishes their authority. In the income tax cases this
danger first became clearly apparent, but it is greatly
increased in the Insular cases, owing to the fact that the
majority of the court is divided four to one in the reasoning
supporting their conclusions.
The decisions have served to bring out with great clearness
the peculiar position occupied by the Supreme Court. Unlike
any other tribunal, it is at times called upon to pass on
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SUPREME COURT AND INSULAR CASES


39


questions which, while legal in form, are political in substance, profoundly affecting the fabric of our institutions.
Dissenting opinions on such questions are usually characterized by a tone of criticism which is not calculated to foster
respect for the Constitution nor to increase the stability of
our institutions. It is true that "government by discussion " might suffer by the failure to present both sides of
every important question, and it is likely that most of the
objections to the present form of dissenting opinion would
disappear if the dissenting Justices would confine themselves to the more positive exposition of their views
rather than attempt a destructive rebuttal of the reasoning
of the majority.
The court distinguishes three periods in the status ofX
Porto Rico. The first is embraced between the date of military occupation and the ratification of the treaty of peace,
during which time the Island remained foreign territory so
far as the revenue laws are concerned, and customs duties
could therefore be imposed under the war power. The
second period begins with the ratification of the treaty and
closes with the passage of the Foraker Act. In the opinion
of the court the effect of such ratification was to make Porto
Rico domestic territory, and to take it out of the class of
''foreign countries," within the meaning of the Dingley
Revenue Act. The collection of customs duties on Porto
Rican products during this second period is therefore
declared to have been illegal. These two questions were
decided in the De Lima and Dooley cases.
The third period begins with the establishment of civil
government, and was the subject of consideration in the
Downes case. The court here makes a distinction between
"those prohibitions of the Constitution such as go to the
very root of the power of Congress, to act at all, irrespective
of.time or place, and such as are operative only " throughout
the United States or among the several states. Porto Rico,
it is held, while belonging to the United States, is not a part
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40     ANNALS OF THE AMERICAN ACADEMY


of the United States within the meaning of the Constitution.
The court clearly intimates that the power of Congress with
respect to the territories is not absolute. All those provisions
which specifically restrict the competency of Congress are
quite as applicable in the territories as in the states. "'Thus,
when the Constitution declares that no bill of attainder or
ex post facto law shall be passed, it goes to the competency
of Congress to pass a bill of that description."  This would
seem to make the bill of rights contained in the first eight
amendments applicable to Porto Rico. In order to avoid the
appearance of passing definitely upon this point the court
says: "We do not wish' however, to be understood as
expressing an opinion how far the bill of rights contained
in the first eight amendments is of general, and how far of
local application."
To appreciate the full import of the decisions and the
radically divergent views presented in the majority and
minority opinions, it is necessary to make a brief analysis
of each. The three cases-Dooley vs. United States, De
Lima vs. Bidwell and Downes vs. Bidwell-present in logical order the questions examined by the court.
The case of Dooley vs. United States was the first involving the validity of duties collected prior to the ratification of
the treaty of Paris. It also involved duties collected subsequent to such ratification, but as this question is more fully
discussed in the De Lima and Downes cases, it is only
necessary to examine the Dooley case with reference to the
one question, namely, the validity of customs duties collected prior to the eleventh of April, 1899. On this point,
and on this point alone, the court is unanimous. The exaction of customs duties during this period is justified as an
exercise of the war power. " Upon the occupation of the
country by the military forces of the United States the
authority of the Spanish government was superseded, but
the need for a revenue did not cease. The government
must be carried on, and there was no one left to administer
[228]




SUPREME COURT AND INSULAR CASES


41


its functions but the military forces of the United States.
Money is requisite for that purpose, and money could only
be raised by order of the military commander. The most
natural method was by the continuation of existing duties."
The validity of duties collected subsequent to the ratification of the treaty of Paris, but prior to the establishment of
civil government, was involved in the De Lima case. Mr.
Justice Brown delivered the opinion of the court; The Chief
Justice, Justices Harlan, Brewer and Peckham concurring.
Two dissenting opinions were filed, one by Mr. Justice
McKenna (Justices Shiras and White concurring), the other
by Mr. Justice Gray.
In comparing the majority and minority opinions the most
striking difference is in the relative importance given to the
factor of "expediency."  The majority opinion adopts
certain hard and fast rules of interpretation, and shows an
evident disinclination to give any weight to the inconvenience which might result to the political organs of the government because of such interpretation. The minority
opinion, on the other hand, contains a broad treatment of
the relation between the different departments of the government, and it is easy to detect a settled determination to
leave to Congress and the Executive a free hand in dealing
with our new possessions. The minority seems to be impressed with the fact that the power and influence of the
Supreme Court of the United States has been largely maintained through well settled traditions of judicial self-control,
which has led the court, whenever possible, to avoid placing
obstacles in the way of the political organs of the government when dealing with great questions of public policy.
To the majority, the question to be decided turns upon
the meaning of the word " foreign," i. e., whether Porto
Rico after the ratification of the treaty of Paris remained
" foreign territory " within the meaning of the tariff laws.
To the minority, it is one of public policy as well, to be
viewed broadly with reference to the altered circumstances
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42     ANNALS OF THE AMERICAN ACADEMY


in the development of the country and also with a view to
the probable effect upon the power of Congress and the
Executive, if the rules as formulated by the majority prevail.
Whether Porto Rico is a " foreign country " within the
meaning of the tariff laws presents itself as an extremely
simple one to the majority of the court. The definition of
Mr. Chief Justice Marshall: " A foreign country is one exclusively within the sovereignty of a foreign nation, and
without the sovereignty of the United States" 1 is accepted
as conclusive.
The first difficulty which the court meets in attempting to
reconcile this conclusion with the established precedents is
the case of Fleming vs. Page,' which was an action to recover
duties on merchandise imported from Tampico (Mexico)
during the occupation of that port by the troops of the
United States. In that case the court laid down the rule
that until Congress brought such port within the customs
lines, by establishing a collection district, Tampico remained
a foreign port so far as revenue laws of the United States
are concerned. The majority of the court in the De Lima
case, while accepting the conclusions of Fleming vs. Page,
qualify its application by regarding as dictum that portion of
the opinion which relates to the establishment of collection
districts.
The case upon which the court chiefly relies is Cross vs.
Harrison, 3 which involved the validity of duties paid at the
port of San Francisco upon merchandise imported from
foreign countries into California between February 2, i849,
-the date of the treaty of peace between the United States
and Mexico, and November 13, 1849, when the collector
appointed by the President under an act of Congress passed
March 3, i849, entered upon his duties. In this case the
1 The Boat " Eliza," 2 Gall. 4.
29 Howard 603.
8 x6 Howard 164.
[230]




SUPREBM  COURT AND INSULAR CASES


43


court held that " after the ratification of the treaty, California became a part of the United States, or a ceded, conquered territory " and that " as there is nothing differently
stipulated in the treaty with respect to commerce,l it became
instantly bound and privileged by the laws which Congress
had passed to raise a revenue from duties on imports and
tonnage." The italicised clause is important as it enables
the dissenting justices to invoke the same opinion in support
of their view.
But, even in the absence of all precedent, the conclusions
of the   court would remain unchanged: " Were this
presented as an original question, we would be impelled
irresistibly to the same conclusion." Under the Constitution, treaties and laws of the United States are of equal
force and effect. One of the ordinary incidents of a treaty
is the cession of territory, and it follows from this " that
by the ratification of the treaty of Paris the Island became
territory of the United States,-although not an organized
territory in the technical sense of the word." The theory
that " a country remains foreign with respect to the tariff
laws until Congress has acted by embracing it within the
customs union presupposes that a country may be domestic
for one purpose and foreign for another." The conclusion
of the court is therefore that " at the time these duties were
levied, Porto Rico was not a foreign country within the
meaning of the tariff laws but a territory of the United
States, that the duties were illegally exacted and that the
plaintiffs are entitled to recover them back."
It is important to note that the military government was
in Operation more than a year after the ratification of the
treaty of Paris. Under the decision in the De Lima case,
however, all duties collected after the ratification of the
treaty, whether under military or civil rule, are invalid.
While the military arm might continue to govern the Island,
the ratification of the treaty of cession made it domestic
1 The italics are not in the original.
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44     ANNALS OF THE AMERICAN ACADEMY


territory, and the power to exact further customs duties
therefore ceased. This principle is laid down in Dooley vs.
United States and reasserted in the De Lima case.
Between the majority and minority in the De Iima case,
there exists an irreconcilable difference of opinion as to the
meaning of the words "foreign country " as used in the
revenue laws. The minority unqualifiedly accepts the
interpretation of Fleming vs. Page. " We submit " says
Mr. Justice McKenna " that the principle upon which Fleming vs. Page was based is still a proper principle for judicial
application. Does it not make government provident, not
haphazard, ignoring circumstances and producing good or
ill accidentally? Does it not leave to the Executive and the
Legislative Departments that which pertains to them? Did
it not stand as a guide to the Executive-a warrant of action,
so far as action might affect private rights? Indeed, what is
of greater concern-so far as action might affect great public
interests? It should, we submit, be accepted as a precedent.
It is wise in practice; considerate of what government must
regard, and of the different functions of the Executive,
Legislative and Judicial departments and of their independence. Why should it then be discarded as dictum? If
constancy of judicial decision is necessary to regulate the
relations and property rights of individuals, is not constancy
of decision the more necessary when it may influence or has
influenced the action of a nation? If the other departments
of the government must look to the judicial for light, that
light should burn steadily. It should not, like the exhalations of a marsh, shine to mislead."
In the interpretation of Cross vs. Harrison the minority is
no nearer the majority than in regard to Fleming vs. Page.
Extracts from the opinion are quoted to show that no automatic application was given to the tariff laws in that case, but
that their extension was made dependent upon the action of
the President. To remove any further doubt the difference
between the treaty with Mexico and the treaty with Spain
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SUPREME COURT AND INSULAR CASPS


45


is pointed out. The former provided specifically for the
incorporation of the ceded territory into the United States;
whereas the latter expressly declares that the status of the
ceded territory is to be determined by Congress.
Finally, the views of the majority as to the effect of
treaties of cession upon our domestic institutions, are
examined. If by such treaties, all newly acquired territory,must be regarded as domestic, and all the laws of the United
States automatically applicable thereto, consequences of the
gravest nature may result, particularly to the revenue
system.  " Its entire plan may be impaired or be destroyed
by change in any part. The revenues of the government
may be lessened, even taken away by change; the industrial
policy of the country may be destroyed by change. We
are repelled by the argument which leads to such consequences, whether regarding our own country or the foreign
country made ' domestic.' If ' domestic' as to what comes
from it, it is 'domestic' as to what goes to it, and its
customs laws as well as our customs laws may be cast into
confusion, and its business and affairs deranged before there
is possibility of action. Under the theory of automatic and
immediate incorporation neither we nor the conquered
nation would have any choice in the new situation,-could
make no recommendation to exigency, would stand bound
in a hopeless fatality. Whatever be the interests, temporary.or permanent, whatever might be the condition or fitness of
the ceded territory, the effect on it or on us, the territory
would become a part of the United States with all that
implies."
In the opinion of the minority Porto Rico occupies a
relation to the United States, " between that of being a
foreign country absolutely, and of being domestic territory
absolutely." Such a view "vindicates the government
from national and international weakness. It exhibits the
Constitution as a charter of great and vital authorities,
with limitations indeed, but with such limitations as serve
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46     ANNALS OF THE AMERICAN ACADEMY


and assist government, not destroy it; which, though fully
enforced, yet enable the United States to have-what it was
intended to have 'an equal station among the Powers of the
earth,' and to do all 'Acts and Things which Independent
States may of right do.'"
Mr. Justice Gray in a separate dissenting opinion points
out that the majority opinion is irreconcilable with the
unanimous opinion of the court in Fleming vs. Page, and
with the opinions of the majority in Downes vs. Bidwell.
The De Lima case only settled the question of the applicability of the tariff laws of the United States during the
period between the ratification of the treaty of Paris (April
II, I899) and the establishment of civil government (May
I, I900). The Downes case which was made the subject of
the most exhaustive analysis, by both the majority and the
minority, involved the question of the validity of customs
duties collected subsequent to the establishment of civil
government.
In the De Lima case the court was only called upon to
decide whether Porto Rico was a " foreign country " within
the meaning of the tariff laws. For the decision of this
question it was not absolutely necessary to discuss the
applicability of constitutional provisions to the territories.
The only question to be passed upon was whether the ratification of the treaty had taken Porto Rico out of the
category of " foreign countries " within the meaning of the
enacting clause of the Dingley Tariff Act, which reads:
" There shall be levied, collected and paid upon all articles
imported from foreign countries," etc. As was contended
by the minority, the word "foreign" as used in that Act
must be examined with reference to the intent of Congress
in framing the tariff laws, and, that to hold that Porto Rico
was not "foreign" in the same sense that Germany or
France is " foreign " does not answer the question at issue.
It is true that the court in the De Lima case took up the
question of the applicability of the Constitution to the ter[234]




SUPREME COURT AND INSULAR CASES


47


ritories, but it did not give the subject the exhaustive treatment which we find in the Downes case. In the De Lima
case the court held " that upon the ratification of the treaty
of peace with Spain, Porto Rico ceased to be a foreign
country, and became a territory of the United States, and
that duties were not legally collectible upon merchandise
brought from that Island."  In the Downes case the courf
was called upon to determine whether Porto Rico became apart of the United States within that provision of the Constitution which declares " that all duties, imposts and excises
shall be uniform  throughout the United States."  The
judgment of the court, answering this question in the negative is concurred in by Justices Brown, White, Shiras,
McKenna and Gray. But while the majority of the court
is agreed as to the validity of duties collected on goods
coming from Porto Rico, subsequent to the act establishing a
civil government, there is, as has already been pointed out,
a marked divergence in the reasoning supporting this conclusion. We have, in fact, three opinions to deal with.
One by Mr. Justice Brown, in which he announces the conclusions of the court, another by Mr. Justice White, concurred
in by Justices Shiras, McKenna and Gray, and a dissenting
opinion by The Chief Justice, concurred in by Justices
Harlan, Brewer and Peckham. In the judgment, therefore,
the court is divided five to four, but if we disassociate the
judgment from the supporting opinions we find a different
grouping,-Mr. Justice Brown stands alone, the other eight
Justices being equally divided.
In an analysis of the opinions it is evident that the
opinion written by Mr. Justice White deserves first place
inasmuch as it has the support of three of his colleagues,Justices Shiras, McKenna and Gray. The leading premise
in the reasoning of Mr. Justice White is that Congress, in
governing the territories, is subject to the Constitution; in
other words, that " every provision of the Constitution which.
is applicable to the territories is also controlling therein."
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48     ANNALS OF THE AMERICAN ACADEMY


After a considerable preliminary discussion, Mr. Justice
White formulates the real question at issue: "Had Porto
Rico, at the time of the passage of the act in question
(Foraker Act), been incorporated into and become an integral
part of the United States?" In answer thereto the court
invokes the principles laid down in American Insurance Co.
vs. Canter, that " if conquered territory be ceded by treaty,
the acquisition is confirmed, and the ceded territory becomes
a part of the union to which it is annexed, either on the
terms stipulated in the treaty of cession or on such as its new
master shall impose."  As Mr. Justice White cogently says,
"to concede to the government of the United States the
right to acquire, and to strip it of all power to protect the
birthright of its own citizens and to provide for the wellbeing of the acquired territory by such enactments as may
in view of its condition be essential, is, in effect, to say that
the United States is helpless in the family of nations, and
does not possess that authority which has at all times been
treated as an incident of the right to acquire."
If the treaty-making power has the right to effect the
absolute incorporation of new territory into the United
States, the representative organ of the government,-the
House of Representatives,-would be stripped of its most
important powers. "Although the House of Representatives might be unwilling to agree to the incorporation of
alien races, it would be impotent to prevent its accomplishment, and the express provisions conferring upon Congress
the power to regulate commerce, the right to raise revenuebills for which, by the Constitution, must originate in the
House of Representatives-and the authority to.prescribe
uniform naturalization laws, would be in effect set at naught
by the treaty-making power."
In the view of Mr. Justice White, the United States at
the adoption of the Constitution consisted not only of States
but also of territories, but that subsequently acquired territory whether by purchase or by treaty could not be incor[236]




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49


porated into the United States, except by the express or
implied assent of Congress. " It is then, as I think," says
Mr. Justice White, "indubitably settled by the principles of
the law of nations, by the nature of the government created
under the Constitution, by the express and implied powers
conferred upon that government by the Constitution, by the
mode in which those powers have been executed, from the
beginning, and by an unbroken line of decisions of this
court, first announced by Marshall and followed and lucidly
expounded by Taney, that the treaty-making power cannot
incorporate territory into the United States without the
express or implied assent of Congress, that it may insert in a
treaty, conditions against immediate incorporation, and that
on the other hand when it has expressed in the treaty the conditions favorable to incorporation, they will, if the treaty be
not repudiated by Congress, have the force of the law of
the land, and therefore by the fulfillment of such conditions cause incorporation to result. It must follow, therefore,
that where a treaty contains no conditions for incorporation,
and, above all, where it not only has no such conditions but
expressly provides to the contrary, that incorporation does
not arise until, in the wisdom of Congress, it is deemed that
the acquired territory has reached that state where it is
proper that it should enter into and form a part of the
American family."
While, therefore, at the time these duties were collected
(November, 900o) Porto Rico was not a foreign country
in an international sense, "since it was subject to the
sovereignty of and was owned by the United States, it was
foreign to the United States in a domestic sense, because the
Island had not been incorporated into the United States, but
was merely appurtenant thereto as a possession. As a
necessary consequence, the impost in question assessed on
merchandise coming from Porto Rico into the United States
after the cession, was within the power of Congress, and that
body was not, moreover, as to such imposts, controlled
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- 50     ANNALS OF THE AMERICAN ACADEMY


by the clause requiring that imposts should be uniform
throughout the United States."
In the opinion written by Mr. Justice Brown there is an
evident intention to prove that the territories have never
been considered a part of the United States within the meaning of the Constitution. He deduces this from the character
of the Articles of Confederation, the wording of the Constitution, and the nature of the territorial government established in the Northwest territory. The practice of the government in dealing with the territories during the present
century is examined with considerable detail, with a view
to showing that Congress has recognized the fact "that
provisions intended for the States did not embrace the territories unless especially mentioned." Mr. Justice Brown
then proceeds to examine the precedents established by the
Supreme Court and admits, at the outset, that the decisions
of the court upon this subject have not been altogether harmonious. Before examining these cases he is careful to lay
down the rule established in Cohens vs. Virginia, (6 Wheaton
264, 399) that " it is a maxim not to be disregarded that general expressions in every opinion are to be taken in connection with the case in which those expressions are used. If
they go beyond the case, they may be respected, but ought
not to control the decision in a subsequent suit when the
very point is presented for decision. "
Having reached the conclusion that the territories are not to
be considered parts of the United States within the meaning
of the Constitution, Mr. Justice Brown proceeds to establish a
distinction between such prohibitions as are operative only
throughout the United States or among the several States,
and such as go to the very root of the power of Congress
to act at all, irrespective of time or place. "When the
Constitution declares that no bill of attainder or ex post facto
law shall be passed, and that no title of nobility shall be
granted by the United States, it goes to the competency of
Congress to pass a bill of that description." On the other
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hand when the Constitution simply states that a certain
rule shall be established throughout the United States, such
as that relating to the uniformity of duties, imposts and
excises, it only becomes necessary to inquire whether there
be any territory over which Congress has jurisdiction,
which is not a part of the United States, " by which term
we understand the States whose people united to form the Constitution, and such as have since been admitted to the Union
upon an equality with them." The fact that there may be
such territory is proven to the satisfaction of Mr. Justice
Brown by the wording of the Thirteenth Amendment which
recognizes a distinction between the United States and " any
place subject to their jurisdiction."
In order to quiet any apprehension as to the danger of
placing the inhabitants of a territory at the complete mercy
of Congress, Mr. Justice Brown endeavors to strengthen the
distinction between the two classes of Constitutional provisions above referred to, by resurrecting the " natural rights
theory " so dear to one of his former colleagues-Justice
Field.  "We suggest, without intending to decide, that
there may be a distinction between certain natural rights,
enforced in the Constitution by prohibitions against interference with them, and what would be termed artificial or
remedial rights, which are peculiar to our own system of
jurisprudence. Of the former class are the rights to one's
own religious opinion, and to a public expression of them,
or, as sometimes said, to worship God according to the
dictates of one's own conscience; the right to personal
liberty and individual property; to freedom of speech and
of the press; to free access to courts of justice; to due
process of law and to an equal protection of the laws; to
immunities from unreasonable searches and seizures, as well
as Gruel and unusual punishments; and to such other immunities as are indispensable to a free government. Of the
latter class are the rights to citizenship, to suffrage, and to
the particular methods of procedure pointed out in the Con[239J




52      ANNALS OF THZ AMERICAN ACADEMY


stitution, which are peculiar to Anglo-Saxon jurisprudence,
and some of which have already been held by the States to
be unnecessary to the proper protection of individuals."
The conclusion reached by Mr. Justice Brown is that the
right of the national government to acquire foreign territory once established; the presumption arises that its power
with respect to such territories is the same as other nations
have been accustomed to exercise with respect to territory
acquired by them, or as he forcibly puts it: "Choice in
some cases, the natural gravitation of small bodies to large
ones in others, the result of a successful war in still others,
may bring about conditions which would render the annexa'tion of distant possessions desirable. If those possessions
are inhabited by alien races, differing from us in religion,
customs, laws, methods of taxation and modes of thought,
the administration of government and justice, according to
Anglo-Saxon principles, may for a time be impossible; and
the question at once arises whether large concessions ought
not to be made for a time, that, ultimately, our own theories
may be carried out, and the blessings of a free government
under the Constitution extended to them. We decline to
hold that there is anything in the Constitution to forbid such
action. '
Mr. Justice Gray, in filing an additional concurring
opinion, agrees with Mr. Justice White and presents no new
considerations of importance.
In comparing the opinions of Justices White and Brown,
the main difference in the reasoning is to be found in the
fact that Mr. Justice Brown does not regard any of the territories as part of the United States within the meaning of
the Constitution, and therefore holds inapplicable those provisions which refer to a uniform rule "throughout the
United States."  Mr. Justice White on the other hand
regards such provisions as applicable the moment newly
acquired territory is incorporated into the Union by act of
Congress, but holds that the treaty-making power cannot
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53


effect such incorporation. Congressional action is necessary
in order to make acquired territory a part of the United
States within    the  meaning of the Constitution.        In one
sense therefore, Mr. Justice White places narrower limits
to the power of Congress than Mr. Justice Brown, for according to the latter, Congress in dealing with the territories
is not bound by the provisions of the Constitution which
refer to the " United States,"      even after such    territories
have been incorporated into the Union by Congressional
action. In the opinion of Mr. Justice White, on the other
hand, all provisions of the Constitution which are in any
way applicable to the territories acquire full force and effect
therein, the moment such territory is incorporated into the
United States by act of Congress.
The dissenting opinion in the Downes case is presented by The Chief Justice, Justices Harlan, Brewer and
Peckham     concurring.    The opinion      rests upon    a strict
interpretation of the provisions of the Constitution relating
to the powers of Congress. To the minority, the case of
Loughborough vs. Blake (5 Wheaton 317) is conclusive.
Mr. Chief Justice Marshall's definition of the term "United
States"'l as used in the Constitution is accepted without
reserve, and the view of the majority that such definition
was obiter is unqualifiedly rejected.
The rule of interpretation being settled, there can be no
doubt as to the limitations on the power of Congress. The
attitude of the dissenting justices is well illustrated in their
1 The power then to lay and collect duties, imposts and excises may be exercised,
and must be exercised throughout the United States. Does this term designate the
whole, or any portion of the American empire? Certainly this question can admit of
but one answer. It is the name given to our great republic, which is composed of
States and territories. The District of Columbia, or the territory west of the
Missouri. is not less within the United States, than Maryland or Pennsylvania;;
and it is not less necessary, on the principles of our Constitution, the uniformity
in the imposition of imposts, duties and excises should be observed in the one,
than in the other. Since, then, the power to lay and collect taxes, which includes
direct taxes, is obviously co-extensive with the power to lay and collect duties,
imposts and excises, and since the latter extends throughout the United States, itfollows that the power to impose direct taxes also extends throughout the UnitedStates." —Marskal, C. J., in Lougkborough vs. Blake.
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54     ANNALS OF THE AMERICAN ACADEMY


approval of the doctrine, that the Constitution '"neither
changes with time nor does it in theory bend to the force of
circumstances. It may be amended according to its own
permission; but while it stands it is a law for rulers and
people, equally in war and in peace, and covers with the
shield of its protection all classes of men, at all times and
under all circumstances. Its principles cannot, therefore,
be set aside in order to meet the supposed necessities of great
crises." The question is whether Congress having created
a civil government for Porto Rico, having constituted its
inhabitants a body politic, and having given it a governor
and other officers, a legislative assembly, and courts, with
right of appeal to this court, can in the same act and in the
exercise of the power conferred by the first clause of section
eight of the Constitution, impose duties on the commerce
between Porto Rico and the States and other territories in
contravention of the rule of uniformity qualifying the
power. " If this can be done, it is because the power of
Congress over commerce between the States and any of the
territories is not restricted by the Constitution."
While concurring in the dissenting opinion of the The
Chief Justice, Mr. Justice Harlan in a separate opinion,
offers reply to some of the doctrines laid down by the majority. The principle upon which he rests his view is that
Congress has no existence and can exercise no authority
outside of the Constitution. "This nation is under the
control of a written Constitution, the supreme law of the
land and the only source of the powers which our Government, or any branch or officer of it, may exert at any time
or at any place. Monarchical and despotic governments,
unrestrained by written constitutions, may do with newly
acquired territories what this Government may not do consistently with our fundamental law. To say otherwise is to
concede that Congress may, by action taken outside of the
Constitution, engraft upon our republican institutions a colonial system such as exists under monarchical governments."
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55


In answer to the suggestion of Mr. Justice White, that
conditions may arise when, with the annexation of distant
possessions we will have to deal with an alien race, unprepared for the administration of government according to
Anglo-Saxon principles, Mr. Justice Harlan says: " Whether
a particular race will or will not assimilate with our people,
and whether they can or cannot with safety to our institutions
be brought within the operation of the Constitution, is a
matter to be thought of when it is proposed to acquire their
territory by treaty. A mistake in the acquisition of territory,
although such acquisition seemed at the time to be necessary,
cannot be made the ground for violating the Constitution or
refusing to give full effect to its provisions. The Constitution is not to be obeyed or disobeyed as the circumstances of
a particular crisis in our history may suggest the one or the
other course to be pursued."
Any attempt to discuss opinions of such far-reaching
political importance from an exclusively legal standpoint,
must necessarily meet with considerable difficulty. Their
relation to our public policy is so intimate, that their true
significance can only be appreciated when examined in the
light of the constitutional development of the country. The
opinions, themselves, fail to separate considerations of public
policy from strictly legal principles. Not that this is surprising; it lies in the nature of the questions involved. In
passing on an issue such as this, the court is brought face to
face with the broadest of political questions,-namely,-the
adaptation of an instrument of government to an entirely
new set of problems.
The legal controversy waged before the Supreme Court in
the Insular cases is but a chapter in that larger struggle, whose
successive stages are marked by such questions, as,-the
right to purchase Louisiana and Florida, the right to charter
a United States bank, the right to enact a protective tariff,
the right to govern the territories and the right to issue legal
tender. Not only do the arguments in the cases involving
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56     ANNALS OF THE AMERICAN ACADEMY


these questions, bear close resemblance to those used in the
Insular cases, but the division of opinion in the court is
traceable to the same divergence of view as to the nature of
our constitutional system. That the final result of the century of constitutional controversy is expressed in wider
national powers, and in an ever-increasing ability of the
national government to cope with great and new questions
of public policy is not without significance for the questions
now under consideration.
Whenever the Supreme Court has been called upon to
decide questions relating to the power of the executive and
legislative departments of the government over territory
belonging to the United States, but not situated within any
of the States, the Court has, as a rule, decided in favor of
the plenary powers of the political organs of the government. The desire not to hamper the political organs of the
government in the choice of means, when confronted with
great problems, has at times led the court to resort to the
most advanced form of legal dialectics and even to legal
fictions. It is true that, in the course of its opinions, the
court has often indulged in expressions tending to give support to both parties in subsequent controversies, but the
final judgment has, as a rule, broadened rather than limited
the discretionary power of Congress and the President. The
case of Fleming vs. Page, which the minority of the Court in
the De Lima case attempts to qualify, but which is accepted
unreservedly by the majority, and is invoked by four of the
Justices in the Downes case, is one of the most striking
illustrations of this attitude of the Court. The expressions
of opinion as to the power of Congress over newly acquired
territory in this and in subsequent cases clearly shows a settled purpose on the part of the Court to leave such status to
be determined by the political organs of the government.
When the Court in Mormon Church vs. United States (136
U. S. 42) says,-" the territory of Louisiana when acquired
from France, and the territories west of the Rocky Moun[244]




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57


tains when acquired from Mexico, became the absolute property and domain of the United States, subject to such conditions as the government, in its diplomatic negotiations.
had seen fit to accept, relating to the rights of the people
then inhabiting these territories " it is simply giving expression to a rule which was not, and could not, be embodied in
the Constitution at the time of its adoption, because the circumstances which called forth the rule were absent. Fortunately, however, the provisions of the Constitution were
framed in such general terms, and the absolute prohibitions
upon the central government were so few, that when a new
situation arose, it was possible to formulate the new rule
without doing violence to any constitutional provision. The
same attitude of the Court is illustrated in National Bank vs.
County of Yankton (ioi U. S. I29), in which the Court says,"the territories are but political subdivisions of the outlying
dominion of the United States."  Even in the case of Cross
vs. Harrison, so strongly relied upon by the majority of the
Court in the De Lima case, the expressions bearing on the
specific point at issue, viz., duties paid after the ratification
of the treaty with Mexico and prior to the admission of
California as a State, tend to show the desire of the Court to,
place California, prior to its admission, under the complete
control of Congress.
As to the reasoning of the Court in the Insular cases, it is
interesting to note how largely the element of " expediency "
enters into all the opinions, but especially in the dissentingopinions in the De Lima and Dooley cases. In the latter,
Mr. Justice White, after examining in detail the inconvenience which would result if instantly, on the ratification of a
treaty, articles coming from a newly acquired territory should
be entitled to free entry into the United States, says: "All
these suggestions however, it is argued, but refer to expediency, and are entitled to no weight as against the theory
that, under the Constitution, the tariff laws of the United
States took effect of their own force immediately upon the
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58     ANNALS OF THE AMERICAN ACADEMY


cession. But this is fallacious. For, if it be demonstrated
that a particular result cannot be accomplished without
destroying the revenue power conferred upon Congress by
the Constitution, and without annihilating the conceded
authority of the government in other respects, such demonstration shows the unsoundness of the argument which
magnifies the results flowing from the exercise, by the treatymaking power, of its authority to acquire, to the detriment
and destruction of that balanced and limited government
which the Constitution called into being."
The majority in the De Lima case (The Chief Justice,
Justices Brown, Harlan, Brewer and Peckham), and
the minority in the Downes case (The Chief Justice,
Justices Harlan, Brewer and Peckham) express themselves
as strongly opposed to giving any weight to the element of
expediency, and yet, a careful analysis of these opinions
will show that while this class of considerations is not given
the same prominence as in the opinion quoted above, the
Court is unable to avoid the discussion of the influence of
its conclusions on the powers of Congress and the President.
A comparison of the opinions in.the Insular cases will
show that in spite of the great divergence in conclusions,
eight of the nine Justices are agreed as to at least one important principle of constitutional interpretation. This fact
has been obscured by the undue prominence given to Mr.
Justice Brown's opinion in the Downes case. Mr. Justice
White (Justices Shiras, Gray and McKenna concurring)
and The Chief Justice (Justices Harlan, Brewer and
Peckham concurring) are agreed that Congress, in governing the territories, derives its authority and is subject to all
the limitations of the Constitution applicable thereto. In
other words eight of the nine Justices lay down the rule
that Congress cannot withhold the Constitution from territory under its control after such territory has been incorported into the United States. As Mr. Justice White tersely
puts it:-" In the case of the territories as in every other
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59


instance, when a provision of the Constitution is involved,
the question which arises is not whether the Constitution is
operative, for that is self-evident, but whether the provision
relied on is applicable." This principle is of transcendent
importance, as it sets at rest much of the uncertainty
aroused by some of the earlier decisions of the Supreme
Court of the United States.
The opinions of the four concurring and four dissenting
Justices in the Downes case diverge in the interpretation of
the effect of the treaty of cession and the establishment of
civil government, upon the status of Porto Rico. In the
opinion of the four dissenting Justices the ratification of the
treaty made Porto Rico a part of the United States, and
therefore no act of Congress or of the Executive, nor even
their combined action could treat Porto Rico differently
from other parts of the United States. It is interesting to
note that the same view is presented by Mr. Justice Brown
in the De Lima case. On the other hand, Justices White,
Shiras, Gray and McKenna take the view in the Downes
case, which is likewise consistent with their view in the De
Lima case,-that a treaty of cession cannot make newly
acquired territory a part of the United States in a domestic
sense; that is, it cannot incorporate an alien people into the
United States without the express or implied approval of
Congress. They expressly repudiate the theory that the
"Union of the United States" is a union of states only,
and hold that the term "United States " within the meaning of the Constitution embraces the states and such territories as have been made part of the United States by the
express or implied assent of Congress. The logical result
of this rule is that Congress may insert in a treaty conditions against immediate incorporation. The view of Mr.
Justice Brown is that the Union is a union of states alone,
and that the territories do not form a part of the United
States within the meaning of the Constitution. We therefore find three gradations of opinion as to the scope of the
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60o     ANNALS OF THE AMERICAN ACADEMY


term "United States" as used in the Constitution. The
Chief Justice and Justices Harlan, Brewer and Peckham
take the view that the moment new territory is acquired,
'no matter under what conditions or circumstances, such
territory becomes a part of the United States, within the
meaning of the Constitution and all constitutional guarantees and limitations immediately become applicable. On
the other hand, Justices White, Shiras, Gray and McKenna
hold that such newly acquired territory does not come
within the constitutional provisions until the political organs
of the government, namely, -Congress and the President,
have given their express or implied assent to the incorporation of such territory into the United States. Finally,
Mr. Justice Brown leans strongly to the opinion that the
term " United States " as used in the Constitution refers to
the union of states and does not include the territories.
Testing these three views by the strict canons of legal
precedent, we find that they all have a basis in expressions
of opinion by the court An earlier cases. Thisi4s largely due
to the fact that the question of the applicability of the Constitution to newly acquired territory has never presented
itself in such definite form. The precedents cited in the
Insular cases should be examined in the light of the principle laid down by Mr. Justice Taney in the Genesee Chief
case (I2 Howard 443), when, in justifying a departure from
a principle laid down in an earlier decision, he said "the
great importance of the question as it now presents itself
could not have been foreseen, and the subject therefore
did not receive the elaborate consideration which at this time
would have been given it."    '
The consciousness that a new situation confronts the
country seems particularly evident in the opinion of Mr.
Justice White in the Downes case. His views give evidence
of a desire to formulate a principle at once simple and
readily intelligible. Whether we agree or disagree with his
conclusions, they furnish a clear and definite rule by which
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the political organs of the government may guide their conduct in dealing with newly acquired territory. The principle of interpretation as laid down gives to them complete
power over such territory until, by express legislative enactment or by acquiescence in a rule contained in a treaty of
cession, such acquired territory is made a part of the United
States. Until such action is taken by Congress, the territory remains subject to the jurisdiction of the United
States, but does not become a part thereof, and the only
limitations upon the power of Congress are those prohibitions of the Constitution which go to the very root of the
power of Congress to act at all, irrespective of time or
place; or, as Mr. Justice White says: "by those absolute
withdrawals of power which the Constitution has made in
favor of human liberty, and which are applicable to every
condition or status."
Although this view receives the assent of but three of his
associates, it seems likely from the reasoning of the dissenting Justices, that it willfurnish the basis for the Philippine
decision, unless some radical change be made in the makeup of the court. The great merit of the principle as thus
laid down lies in the fact that it enables the political organs
of the government to deal with the newly acquired territory
in accordance with its requirements.
It is fortunate, both for the immediate needs of our public
policy, as well as the future expansion of the country, that the
doctrine of immediate, irrevocable, automatic incorporation
through mere cession has been repudiated. If the views of
the four dissenting Justices in the Downes case had prevailed, both Congress and the Executive would have found
their hands tied in dealing with our new possessions in such
a way as to make efficient government almost, if not quite,
impossible. No instrument of government no matter how
perfect, can long withstand such a strain. In all the crises
of our national life, the Constitution has been found adequate
to meet new situations as they presented themselves. In
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spite of some uncertainty as to the view of the court on a
number of important questions relating to the government
of acquired territory, a rule of interpretation has now been
formulated, sufficiently broad to enable Congress to deal
with the immediate necessities of the situation. Any interpretation which falls short of this requirement must react
injuriously upon the authority of the Constitution. To
preserve its authority the principle pronounced by Mr.
Justice Story in Martin vs. Hunler's Lessee (i Wheaton 326)
must ever be kept in mind. "The Constitution unavoidably deals in general language. It did not suit the purposes
of the people, in framing this great charter of our liberties,
to provide for minute specifications of its powers, or to
declare the means by which those powers should be carried
into execution. It was foreseen that this would be a perilous
and difficult, if not an impracticable task. The instrument
was not intended to provide merely for the exigencies of a
few years, but was to endure through a long lapse of ages,
the events of which were locked up in the inscrutable purposes of Providence. It could not be foreseen what new
changes and modifications of power might be indispensable
to effectuate the general objects of the charter; and restrictions and specifications which at the present might seem
salutary, might in the end prove the overthrow of the system itself. Hence its powers are expressed in general terms,
leaving to the legislature, from time to time, to adopt its
own means to effectuate legitimate objects, and to mould and
model the exercise of its powers as its wisdom and the public
interests should require."
L. S. RowE.
San Juan, Porto Rico.




SOCIAL DECADENCE.
There are three kinds of decadence liable to occur in human
society, namely, personal, racial, and social.  Personal
decadence needs no explanation. When this species of
degeneration becomes prevalent, the phenomenon of racial
decay occurs. Since the development of civilization depends
on the character or mental constitution of the race, and since
any degeneration of the race in physique is always accompanied by corresponding weakening of mental powers, it
follows that racial decay finally entails social dissolution.
Yet though racial decay causes social disintegration the
converse is by no means true. With social decadence there
is often no sign of race deterioration. Eighteenth century
France, for instance, experienced a period of social decay.
Yet the French race was then, perhaps, more strong,
healthful, and capable than ever before. The mechanical
framework of a social system based on institutions and
customs which had long since survived their utility, enclosed
within its bounds millions of individuals who were just
beginning to be conscious of themselves in relation to their
fellow men. "Sire, said the Marshal de Richelieu, who
had seen three reigns, addressing Louis XVI., " under Louis
XIV. no one dared utter a word; under Louis XV. people
whispered; under your majesty they talk aloud."' Opinion
begins to war with tradition. Divine prestige which had for
centuries wrapped ancient institutions in its protecting
embrace, is suddenly withdrawn, revealing only skeletons.
Authority yields to investigation, revelation lies prostrate
before science.  Skepticism, the necessary antecedent of
progress, becomes the ruling principle of thought and action.
The critical, comparative method introduced by Buffon,
Lavoisier and Lalande is applied by Montesquieu, Diderot,
and Voltaire to the political and social questions of the day.
1Taine, The Ancient Regime, p. 125.
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The theories of the thinkers, adopted and carried into action
by the Revolutionists, caused such a public sentiment against
authority of all kinds that, during the early days of the
Revolution, France presents to the world the spectacle of
a nation of separate individuals, each so infatuated with his
own "rights" that his duties to others are conveniently
ignored. On all sides social structures collapse. So far
have the people forgotten the value of association that all
literary societies, academies of science, schools, seminaries,
colleges, even those of the Sorbonne, are suppressed. This
presents a state of disintegration-a perfect picture of social
decay. Yet so strong, so vigorous is the race that, in but a,few years, the liberty-intoxicated people of the Revolution,
recovering their balance, erect a new France on the ashes of
the old.
Having characterized personal and racial decadence the
question remains, What is to be understood by social decadence? " Whatever else a stable society is," says M. Tarde
in his Logique Sociale,.. "it is, above all, an interlacement of sympathetic sentiments."  The vital elements
in every society are the subtle, invisible bonds which make
possible association and co-operation and it is to the decay
of these that attention must be directed.  Social decay,
therefore, means the perishing of these vital elements which
hold the members of society together.
Now what does the word decadent imply? First of all the
idea of a former high degree of excellence. Decadent which
implies a has been, must therefore be distinguished from
primitive which suggests a to be. The old man and the
infant are alike bald, toothless, weak, "'childish " in thought;
but these characteristics are due in the one case to worn-out
capacities, in the other to undeveloped powers. Just so the
primitive group and the decadent group often have much in
common. Each is marked by disorder and consequent
resort to force to maintain the status quo of the classes. But
in the primitive type this control by force indicates an
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advance from the tribal to a higher organization of the group;
in the decadent type it signifies the dissolution of the vital
forces of a once prosperous society.
Thus declining Rome used measures of control just as
severe as those employed by any primitive society. Personal
liberty was as little respected then as at any period in
the world's history. Ammianus Marcellinus, writing in the
fourth century A. D., of the reign of the Emperor Constantius, says: " For if any one of his military officers or of those
who had ever received marks of honor; or if any one of
high rank was accused on the barest rumor of having
favored the faction of his enemy, he was loaded with chains
and dragged about like a beast;... every one who
was informed against or in any way called in question was
condemned either to death or to confiscation of his property
or to confinement in a desert island." 1 Still for all this
reign of violence, the Romans of this period must not be
placed on the same round of the ladder of civilization with
the Scotchmen of the fourteenth century, the Corsicans of
fifty years ago, or the early Californians. Strictly speaking
a society is never retrogressive.  Nations may and do
decline, but the descent is always made on the other side of
the hill. If we liken the course of advancing civilization to
the tortuous path of a loop railroad up to the crest of a
mountain, we may compare the movement in social decline
to the course of a landslide down the further slope. If in
respect of violence the England of Henry I. stood about on
a level with fourth century Rome let us remember that the
one society had the promise and potency of functions which
the other had enjoyed and lost.
Again, the word decadent embraces the idea of movement.
Hence it must be distinguished from non-progressive. In a
decadent society, therefore, destruction of social bonds is
taking place-the group is moving toward ruin. Between
the decadent and the non-progressive types of society there
1 Ammianus Marcellinus, p. I2.
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are similarities just as striking as those between the decadent
and the primitive groups. A great caking of custom over
social life, that pre-eminent characteristic of the non-progressive type, is often displayed in the decadent society. A
strong conservative spirit governs affairs domestic and
public. Love of the past, hatred of change, and satisfaction
with the present condition are, moreover, common to both.
But the non-progressive group can last indefinitely. Its
civilization is arrested, its energies lie dormant. Yet it is
holding its own, in spite of the fact that, compared with the
progressive societies of its day, it may seem to be retrograding. It is only awaiting an impulse vigorous enough to start
it from the rut in which it has lain for centuries. In the
decadent society on the other hand, certain forces are at
work dragging it ever further from a state of equilibrium.
The group cannot continue as it is.
Modem China and modern Spain may be cited as instances
of the above types. In both these countries authority and
antiquity sway all things, investigation and innovation are
not tolerated. But though China " is shrouded in etiquette
like a mummy in its wrappings," 1 Arthur Smith, the
American missionary, says: " If the teaching of history as
to what happens to the fittest is to be trusted, there is a
magnificent future for the Chinese race."  The self-preservative instincts of society dominate all the institutions and
traditions of the Chinese. Regard for parents and ancestors
and respect for peaceful industries are the controlling influences in their life. " No man is a hypocrite in his amusements," says Dr. Johnson. The play activity in human
beings is spontaneous and indicates innate race qualities.
This is certainly true in the case of the Chinese, whose
favorite games, chess, flying kites, and fantan are an index
of their peaceful character.  We notice the absence of
gladiatorial combats and duels in their scheme of pleasures
and a detestation of all warlike achievements. The popular
1 Taine, The Ancient Regime, p. I23.
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proverb, " Good iron is not used for nails, nor are good men
for soldiers," expresses their contempt for the military profession. The Chinaman's inborn respect for life is shown by
the fact that life is seldom taken for political crime, and that
human sacrifices have never been demanded by his religion.
But patriotism and idealism are utterly lacking in his makeup, and until these two sentiments are supplied there will be
little progress possible for him. As Dr. Patten says, "To
insure continuous progress each race must receive from other
races ideas not developed by its past conditions,"' and the
Chinese must assimilate foreign ideas to such an extent that
love of country and desire to work for ideals will become a
part of national character. The Chinaman is essentially
practical and utilitarian, and perhaps by appealing to his
economic sense he may be taught the advantages of truth
and co-operation; he may be led to take a broader view of
things; he may be aroused to evince an interest in what is
beyond his immediate environment. Then he will see that
the system of political corruption, in the meshes of which
China is held fast to-day, is alone responsible for her
stagnation, —a system which from the lowest to the highest
office, in both military and civil life, puts a premium on lying
and discourages, nay, even punishes, honest endeavor.
Offices are purchased and promotions in the army go to the
highest bidder. There is a large number of unpaid employees in both the military and civil service. These men
become parasites on the paid officers and the public at
large. Chinese officials are skilled experts in the misappropriation of public funds and stores. Take a single instance.
The Viceroy of the Course of the River, whose special duty
it is to protect and keep in order the banks of the Yellow
River, knowing that promotion is always conferred on the
viceroy under whose administration the embankment is
repaired, has so often caused floods to be produced by artificial means that the popular saying runs: "The best cure
1 The Development of English Thought, p. I8.
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68      ANNALS OF THE AMERICAN ACADEMY


for the Hwang-Ho and the best safeguard against floods,
would be to behead all the officials and leave the river to
itself." Moreover, much of the fund appropriated for the
control of the flood finds its way into the private pocket of
the viceroy. This universal system of corruption checks
trade and enterprise. Boatmen have to pay such heavy
duties to the police for plying that they soon cease to go
abroad. All along the line at searching stations goods are
examined, and unless a heavy bribe is paid they are destroyed.
If a bottle of oil is found on which duty has been paid and
the certificate mentions only oil, the merchant will be imprisoned on the charge of smuggling glass and released only
on the payment of a heavy fine. Over ten years ago a
company was formed in Canton for the establishment of
water works, but the officials demanded such enormous
bribes for granting the privilege that the scheme was aban<doned. In the same way a fertilizer company, projected for
the purpose of cleaning the streets of Canton and converting the refuse into manure, fell through.
There is, however, no doubt that China has turned in her
sleep of ages and will soon arouse herself to action. The
Reform party of China, including the best element of the
Chinese race both at home and abroad-men who have been
educated in European and American schools-is fully aware
that the time for action is not far off. They realize intensely
that under the present rEgime development is impossiblethat the construction of railroads and the introduction of
schemes for the development of China's internal resources,
under the present system, would merely open up new avenues
for corruption. Therefore their aim is the destruction of
the government as it exists-which they consider a foreign
institution brought by the Tartars-and the substitution of
another native system. With the change in government
must come the regeneration of the army. When the Chinese
soldier feels confidence in his leaders and in his pay, the,army will cease to be a "paper army," and will stand as an
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organized power for good in national development. General
Gordon said of the Chinese soldier that " he was easily led,
easily fed, and fearless of death. " Is there any reason, then,
why the Chinese army, properly fed and paid, should not
become a creditable institution? The unprecedented duration of the Chinese nation in spite of its weak army and
unexampled system of corruption-a system which really
began when Muh (IOOO-947 B. C.) promulgated a penal
code, under which punishment was made commutable into
fines-is doubtless due to the sterling race character of the
people. Their genius for association, their habit of mutual
responsibility, their indefatigable industry, their respect for
property and life, their temperance-all these qualities which
have acted as preservative forces for the Chinese nation,
when joined to the progressive, acquired characters of
patriotism and idealism will be responsible for the great
change for the better which must soon take place in China.
But the Reformers must remember that this new China will
not be born in a day; it will be the result of evolution
rather than revolution, of slow adaptation owing to the inherent dislike of the race for innovation.  Let the would-be
reformer of China take warning from Kipling's " fool who
tried to hustle the East."
With Spain, however, the case is quite the reverse. She
is, without doubt, one of Lord Salisbury's " dying nations."
Owing to widespread and inveterate ignorance, due entirely
to the control of the people for centuries by the church, the
Spanish race has deteriorated from an active, enterprising,
independent people to the inert, servile race we know to-day.
One needs but reflect upon the attitude of the Spanish people
themselves-not the politicians-towards the late war with
the United States and towards the peace negotiations, to
realize the degeneracy of the race and nation. E. J. Dillon,
in the September, 1898, number of the Contemporary Review,
calls the Spaniards "an impoverished, resigned, and hopelessly lethargic population."  Peace at any price was the cry
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70      ANNALS OF THE AMERICAN ACADEMY


of the Spanish masses. War meant to them hunger and
other species of physical suffering. So engrossed were they
in the struggle for personal, vegetative life, so indifferent to
everything not connected with their individual interests, that
Mr. Dillon goes on to assert that they would not object even
if the United States were to declare a protectorate over
Spain. The territorial sacrifices, at the cost of which peace
was being purchased, meant nothing to the masses. The
talk of the politicians about " blots on the scutcheon " touched
no responsive chord in the mind of the masses. National
honor has no longer a place in the soul of the people. An
article in the London Daily Telegraph, August I3, I898,
says: " How stands the case with Spain? Her disastrous
defeats and the assured loss to her of her foreign possessions;
both in the Eastern and Western hemispheres, have left the
great body of her citizens absolutely unmoved. The devotee
of the ' pundonor ' does not feel his honor touched by being
beaten to his knees in an international duel; the former mistress of the Indies suffers nothing in her imperial pride at
the certain prospect of seeing one of the last remnants of
her transatlantic empire wrested from her failing grasp.
Large numbers of her common people seem ignorant of the
very existence of the West and the East Indian possessions;
while those who are aware of it regard them apparently as
burdens of which Spain would be well rid. Anyhow it is a
matter for politicians to wrangle over, and a sensible
Spaniard, with plenty of bull fights to amuse him, will not
trouble his head about any such irrelevant matters. The
very sentiment of national pride is to all appearance extinct
among the Spanish people at large, and with the extinction
of national pride it is certain that national life, in the true
sense of the word, must sooner or later cease to exist....
It (the nation) is dissolved into a fortuitous concourse of
traders, pleasure seekers, idlers or what-nots, who acknowledge no other bond of union among themselves than such
as each man's personal interests in the matter of business or
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amusement have created and may temporarily sustain. Such
a descent in the order of civilization.... points to
the already realized degeneracy and presages the not remote
extinction of the race of which so humiliating a story can be
told."
Any consideration of the subject of social decay must
bear in mind the important fact that social decadence is not
inevitable. It is a disorder, not a decrepitude. We are all
familiar with the theory that societies, like human beings,
pass through the stages incident to human life.  "The
infancy of the Republic," "the youth of the nation," its
"old age" are all trite expressions. But there is this
important difference to be noted between the life of a group
and that of the individuals composing it. Decay, so inevitable in human life, is by no means necessary in social life,
because the continuity of society is psychical not physical.
When a society has reached the stage of intelligent group
consciousness there is no reason why it should not continue
its existence for an indefinite period. There is no cause at
all for thinking it must finally decay and die.
Again, social decadence must be distinguished from the
fluctuations of vitality experienced by healthy as well as
diseased societies. Just as there are variations in the physical
condition of a healthy person, so sound societies have their
periods of relaxation or depression. Allowance must accordingly be made for such a condition of relaxation, and care
must be taken not to confound it with the state of actual
disease for which we should reserve the word "decadent."
In view of the foregoing may not a decadent society be
defined as a society which is not capable of maintaining a
former level of excellence in socialproducts?
Disease is defined by pathologists as a condition in which
the functions of the organism are improperly discharged.
Disease is recognized by its symptoms. Among human
beings the symptoms of the same disease in different individuals while showing an essential resemblance will always
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72      ANNALS OF THE AMERICAN ACADEMY


be modified and sometimes to a confusing degree by peculiarity of temperament. Much more in the history of nations
the essential elements of decay will be influenced by racial
peculiarities.
Yet the signs of decay in all degenerate societies are sufficiently law-abiding to admit of two well-marked types
which may be called the institutional and the individualistic.
In the one case degeneration is due to the overpowering
growth of institutions-in the other to the extreme development of individualism. The one is marked by the crushing out of all individual effort, the excess of social control,
the growth of institutions at the expense of the individual,
-the other by the weakness of social control, the domination of the individual over institutions. Both of these types,
starting though they do from opposite poles, eventually
manifest the same symptoms of social decadence,-the loss
of social ideals, the perversion of the social spirit, the loosening of the ties of sympathy which unite the great classes of
the governors and the governed. Under institutional decadence society is burdened with institutions, customs, and
traditions which have long outgrown their usefulness and
have become calcareous deposits in the social body. Or
there is an abnormal domination of one institution over
others, as in the case of Spain, where the church controls
all. In the last analysis we find the individual of the institutional type of the decadent group, a cringing, ignorant timeserver, utterly lacking in independence and initiative, willing, nay, anxious to be led, his horizon bounded by his ego,
his one aim self-preservation. Anarchy reigns supreme in
the last stage of the individualistic type of decadence, however. Each man is a law unto himself. Institutions, customs, traditions, the preservative forces of society are utterly
shattered.  Too much license for the individual, ultra
development of personality, extreme realization of the ego
have done their work. Thus we see that the free play of
individual effort, so necessary to progress, so indispensable
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73


a factor in civilization, defeats its own ends if allowed too
wide a range, if not controlled by the group for whose
development it is in so large a measure responsible.
An analysis of the phenomena accompanying social decadence-both institutional and individualistic-may be made
through the study of Spain, which stands as a type of the
first, and of Greece and Rome, which stand as types of the
second.
Spain has been suffering from a mortal disease since the
seventeenth century. The eighteenth century, indeed, presents an attempt at regeneration from without. But as the
effort was fruitless there is little doubt that we to-day are
witnessing the expiring gasps of the once proud mistress of
the Indies.
The spirit of blind obedience to unquestioned authority,
credulity, and superstition, the leading character traits of the
Spaniard, were inculcated and fostered by the peculiar circumstances surrounding Spain's early struggles for civilization. What could eight centuries of religious wars do but
develop religious fervor to the exclusion of all other
passions? The Spaniards considered themselves soldiers of
the cross and became accustomed to supernatural manifestations. "Their young men saw visions and their old men
dreamed dreams." Poverty and ignorance, the necessary
results of these long wars, served as aids in developing that
absolute loyalty to king and priest which soon became the
prominent characteristic of the Spanish people.
Therefore Spain was ready to take precedence among the
nations in the sixteenth century, under the leadership of
such strong, determined rulers as Charles V. and Philip II.
The people, formed all in one mould, did the absolute bidding of the sovereign, who in turn worked for the church.
A contemporary of Philip says: "The Spanish do not
merely love, not merely reverence, but absolutely adore him
(Philip) and deem his commands so sacred that they could
not be violated without offence to God."
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74      ANNALS OF THE AMERICAN ACADEMY.


Under these rulers religious wars were carried on successfully. The Reformation was crushed at home and retarded
in Germany. Philip aimed at the empire of Europe, so that
he might restore the authority of the church. It was the
boast of his emissary Alva, in the Low Countries, that he
had put to death in five or six years eighteen thousand persons besides those slain on the battlefield.
The feeling of contentment with their condition, pride in
their old beliefs, contempt for innovation soon became fixed
in national character. When this sentiment of satisfaction
settled down upon the race the death knell of progress was
sounded. This harmony of mind, evenness of thought, fettering of capacity was the result of centuries of church discipline. By expulsion, emigration, oppression or extermination of the original, progressive element of the nation
the demand of the church that all should think alike was
satisfied.  But with what result?  Thanks to the forced
emigration of the Jews, the expulsion of the Moors and the
Inquisition, the nation succeeded in getting rid of all original thinkers-of all the unlike, variant factors-hence the
resulting population through generations of inheritance was
moulded all in one form.
The glory of Spain was, therefore, short-lived, for a
people accustomed to being led, as they were, would follow
unhesitatingly any leader, the ignorant or foolish as readily
as the wise or intelligent. Consequently there occurs a
marked deterioration during the next three reigns. As the
power of the throne weakens that of the church increases.
Spain's decline may be said to begin with the disturbance in
the balance of power in her institutions caused by the
abnormal development of the church in the seventeenth century. At a time when the power of the ecclesiastics all over
Europe was decaying the church tightens her grip on Spain.
Laymen in great numbers enter the church. The highest as
well as the lowest intellects are dominated by its influence.
Cervantes three years before his death became a priest. Lope
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de Vega was a priest and officer of the Inquisition. Sandoval, the historian and the authority for the reign of
Charles V., was a Benedictine monk. Antonio, the most
learned bibliographer Spain ever produced, was a canon of
Seville. Zamora, the poet, was a monk, and Calderon,
called the poet of the Inquisition, was chaplain to Philip IV.
Owing to church control the condition of Spain in the
seventeenth century became truly pitiable. The strongest
symptoms of decay were everywhere discernible. Even the
upper classes were unacquainted with science or literature,
and knew nothing of the commonest events of their own
times out of their own country. Books, unless books of
devotion, were considered worthless. No one collected
them-no one consulted them. Until the eighteenth century Madrid did not possess a single public library. Duc de
St. Simon, the French ambassador at Madrid (I72I-22),
sums up the state of education by saying that "in Spain
science is a crime and ignorance a virtue." The military
spirit was completely lost. Most of the troops deserted. The
few who remained faithful were clothed in rags, received no
food and little money. The navy, if possible, was in a
worse state than the army. In i656 it was proposed to fit
out a small fleet, but the fisheries on the coast had so
declined that it was impossible to procure sailors enough to
man the ships required. Charts were lost, and the ignorance of the Spanish pilots became so notorious that no one
would trust them. In the cities suffering and want produced the inevitable revolt from control. Madrid tradesmen
organized into bands, broke open private houses, robbed and
murdered in the face of day. In I699 Stanhope, the British
minister, writes that never a day passed in which people
were not killed in the streets scuffling for bread. His own
secretary had seen five women stifled to death by the crowd
before a bakehouse.
All industries were now degenerate; the soil remained
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76     ANNALS OF THE AMERICAN ACADEMY


teenth century had sixteen thousand looms, which employed
three thousand persons, at the accession of Philip V., 1700,
could not boast of three hundred. Toledo in the sixteenth
century had fifty woolen manufactories-in I665 it had only
thirteen. And this story was repeated throughout the whole
of Spain. There was also a marked decline in population
during this miserable seventeenth century. Madrid, which
at the beginning of the century had four hundred thousand
inhabitants, at the end had but two hundred thousand.
A temporary relief at least, came to the wretched, disconsolate, poverty-stricken Spaniards during the next century.
The improvement was, however, only superficial as all the
reforms were introduced from without and did not spring up
spontaneously from the people. In fact the Spaniards were
then beyond the possibility of self-regeneration.  The
seeming success of Spain for a while was due to the fact that
all her affairs were now in the hands of foreigners. National
spirit there was none. Social ideals had long since vanished.
There was such a dearth of capable men that in I7II
Bonnac mentions that a resolution had been formed to place
no Spaniard at the head of affairs because those who had
hitherto been employed had proved incapable or unfaithful.
In the war of succession the Spanish troops were led by
foreigners. The Duke of Berwick, an Englishman, became
generalissimo of Spain. Finance was administered by Orry
who was sent from France and who became the real minister
of war. Alberoni, an Italian, and Ripperda, a Dutchman,
were in time the most powerful men in Spain. Ripperda
tried to reanimate Spanish industry. He established a large
woolen manufactory at Segovia, once a busy city. The
commonest processes had been forgotten by the Spaniards,
so that he had to import workmen too. Charles III. invited
thousands of workmen to settle in Spain hoping to invigorate
the nation. By his personal power he brought Spain almost
up to the first rank again, but since all his improvements
were political and not national in origin the country collapsed
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at his death, and Charles IV., a pure Spaniard in thought,
easily brought about the reaction against the artificial progress of the century. He restored the power of the clergy
which had been somewhat lamed in the preceding reigns,
and again darkness falls over all. The mind of Spain was
gone. The Spaniards did not want to improve; they were
satisfied with their inheritance; they were and still are
unable to doubt. And this is the work of the church.
And now a short review of the history of the two nations
which stand as types of the individualistic species of social
decadence. The germ of Greece's decadence may be detected
already in the time of Euripides. The most significant fact
of the age is the growth of that individualism which if controlled leads onward and upward but which in Grecian
history reached such an extreme development that it caused
the decline of the nation. At first, realization of personality
in all-others as well as self-leads to great progress in
civilization. For a time it seems as though humanity were
broadened. The great care for the individual manifests
itself in an organized dispensary system in which the ablest
physicians received fixed salaries from the state to care for
the poor. Charity is enjoined. The poor have rights and
dignities.  Even women and slaves are not treated with
contempt.   "For even a slave," says Philemon, " is our
flesh and blood; no one was ever born a slave by nature;
fortune has but enslaved his body."
But after a while self-aggrandizement becomes the leading
motive of conduct. Striving for power becomes the fashion
of the day, and the jealousy, deceitfulness, and acuteness of
intellect which this begets are the striking character traits in
the prominent men of the age. The ego becomes the centre
of interest and the intellect is cultivated at the expense of
morals. Impatience with old customs and institutions is
manifested so strongly that they rapidly decay. In this age
of democracy, opinions change so frequently that the rising
generations find themselves out of sympathy with their
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78     ANNALS OF THE AMERICAN ACADEMY


fathers. Hence it is a common complaint in the literature
of the day that old age is little respected. Sophocles in
Oedipus speaks of old age as " feeble, unsociable, friendless,
the constant object of reproach when all the woes of woes
are the partners of our habitation."  And Antiphanes
exclaims: "Age is like wine; leave but a little in your
vessel and it turns to vinegar."  Too much respect for age,
as in China, impedes progress, but utter disregard of the old
in the end also defeats progress, for the undermining of
tradition and the maiming of custom which naturally
result from contempt of the old, seriously weaken the preservative forces of society. As a consequence of this we
discover in the Greek life of the succeeding epoch the
unmistakable symptoms of social decadence-disintegration
of common bonds, sentiments, and spirit.
Evidence that the fatal germ of decay has already begun
its work in the Euripidean age, is furnished by the literature
of the day. Even in the tragedies of Euripides we discover
that striving after effect and novelty, that desire to show the
ingenuity of the author, and that extreme self-consciousness
which are incontrovertible symptoms of decaying art. The
chorus which was originally the medium for the expression
of awe and reverence has become a mere instrument for the
invention of melodies. These false principles dominate all
literary effort. As the people care less and less for what is
beyond and above themselves the poet disregards the canons
of true art in order to please.
While the art of this period is great and can by no means
be called decadent even in the epoch following, yet a change
in the direction of its aim is to be noticed. Thought,
actuated no more by the great social ideals of the Age of
Pericles, expresses itself in art of a domestic character.
Imitating the life around, art ceases to be public and
religious. Religion is losing its hold upon the people. The
Greek feels no more an instinctive faith in his gods. Unconsciously at least, his attitude toward the belief of his
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79 -

fathers is influenced by his private judgment. Hence the
expression of that faith in temples ceases to be the goal of
art.
In the next epoch, or that of decadence proper, the ego is
the all-absorbing thought; faith of all kinds is gone-faith
in one's self, faith in others, faith in the destiny of the
nation. Hence the aim of conduct is how to get the most
out of the short space of years allotted to the individual.
His comfort is the first consideration. Teachers, influenced
no more by social ideals, abandon public life and make
private life the object of study and precept. The Greek's
former high sense of honor and keen love of liberty
are gone. Hence he pays to have his land defended.
Mercenaries constitute the army.  "How much better it is.
to be under a good master than to live in poverty and be
free," exclaims Menander. And again, "He who fights
and runs away, will live to fight another day." Politics
were abandoned by the best classes. The talented retired
to schools of philosophy. Discussions flourished as actions
ceased. The Greek religion of this period has no real
meaning. It is full of ceremonies and foreign gods. In
literature the desire to startle which was detected in the
preceding epoch is now carried so far that in the Cassandra
of Lycophron of Alexandria there is a riddle in every line.
Illustrations are given for their own sake, not for the
purpose of making clear a point. Literature steps beyond
its proper sphere and encroaches upon the domain of painting. With the exception of the poems of Theocritus who.
goes to the country for his themes (an innovation), and the
epigrams, there is nothing original in the literature of the
period.
The art of the period follows the bent it had already taken
in the preceding age, becoming more and more domestic and
less and less public and religious. Though no great monuments or temples are erected, house architecture continues to
develop. The sphere of art is narrowed to suit the tastes of
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8o     ANNALS OF THE AMERICAN ACADEMY


the day. But still it is a great art. Who could impugn an
art which produced a Venus de Medici, a Farnesian Bull or
a Laoco6n?
Now what conclusion can be drawn from this rapid survey of Grecian decadence? Was not ultra development of
individualism responsible for that dwindling of social pride,
that fading of a common faith and vanishing of ideals, that
treatment of the present as the all-engrossing time, that
adoption of personal comfort and luxury as the end of living,
that substitution of theorists for men of action which led to
the ultimate decline of the nation whose culture the world
has never been able to surpass?
What now is the story of Rome? "The ancient Roman,"
says Mommsen, " felt the glory and might of the community
as a personal possession to be transmitted to posterity by
every individual." This collective sense of pride held the
state together. When the Roman citizen lost it Rome
became degenerate. In the time of Cato the Elder occur
the first symptoms of decay in the peculiar institutions,
traditions, and customs of the Romans. Foreign ideals are
beginning to sway conduct and life, and Roman religious identity soon loses itself through the rapid assimilation of strange cults. Greek fancies and customs are
eagerly adopted, among them drinking the health, or "playing the Greek " as it was called. Indeed, the Romans are
soon playing the Greek in all concerns of life both domestic
and public. The imitative capacity of the Roman soon
leads to a cosmopolitanism which results ultimately in the
loss of patriotism, the disappearance of national feeling
and the growth of an extreme individualism, which here,
as in the case of Greece, proves the nation's bane. At this
time religion has already become ossified into theology.
The native gods and observances have been supplanted
or modified by foreign cults. The cultured cease to believe
in the old gods and the government uses the national
religion as a superstition for imposing upon the public
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SOCIAL DECADENCE


at large.  Corruption enters politics and administration
too, at this time. The following instance illustrates the
degeneration into which the old customs had fallen: From
early times it had been the custom to dismiss a political gathering if a thunderstorm  arose. Now, a law was
enacted by which a popular assembly was to be dismissed
if it should occur to a high magistrate to merely look up at
the sky for the approach of a storm. In this way it was possible to prevent the passage of any law, and the power of the
officials thus became immeasurable.
This state of things continued to increase until the period
marked by the striving for one-man power is reached-the
time of Catiline, Pompey, Cicero and Caesar. The old
pride of the Roman in his state is now almost gone. Selfish
aims dominate politics. The great men of the day are as
individualistic as the Greeks ever were. Social ideals are
supplanted by selfish ones; the bonds uniting the citizens
of Rome as Romans are much weakened.
Then comes the story of the empire. Under the emperors
the taste for luxury, fostered by Augustus, grows until it
reaches its climax during the reign of Nero. As the Roman
became more and more cosmopolitan, he became more and
more lax. Pleasure grew to be the main business of life.
The number of national games and festivals was greatly
increased. Gladiatorial combats in which human blood was
shed became the chief amusement. Trade with the East
was increased for the sake of indulgence in personal luxury.
The great revolution in manners and life produced an economic revolution. Residence in the city was now more
desired. As the people flocked in from the country rents
rose. In consequence of the overcrowding of the towns a
large unemployed class arose. Therefore many took to
plundering, cheating, usurious trading in money. Dice
playing had to be checked by legislature. When we contemplate the extent to which vice and luxury were spread
abroad, we are astonished that the empire endured as it
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82      ANNALS OF THE AMERICAN ACADEMY


did, and most of all that it had vitality enough left to
recover somewhat from the depths into which it was plunged
by Nero.
But such was its vigor that a period of what Gibbon calls
"general felicity " follows. During the eight reigns extending over one hundred and ten years, from Vespasian to
Marcus Aurelius, prosperity did seem to smile once again
on Rome. The people, profiting by the experience of the
early empire abandoned luxurious living. Frugal manners
and habits were approved at court. Vespasian once rebuked
a candidate for office who entered his ante-chamber highly
perfumed, saying: " I had rather you had smelt of garlic."
Wealth was no longer the highest object of desire. Learning was encouraged. But in spite of these facts the period
was, after all, but an effort at recuperation. No permanent
good resulted from it. The Romans were too far along the
road to ruin to be called back. For even in this period of
temporary brightness the religion, literature, and art show
unmistakable signs of decay. The fear of the barbarians
and the horror of plagues and famine led the people to resort
to ancient religious ceremonies. The renewed faith in
dreams and astrology, partly due to the reaction against the
skepticism of the first century, restored the oracle to his
sometime post of honor. New shrines to the deities of earth,
air and water were erected. Sacrificial worship was instituted for the gods supposed to have an influence over
health. As a consequence of this renewal of old customs
which the intellect of the race had outgrown, pretenders of
all sorts arose. Thus religion was characterized by fanaticism on the one hand and by insincerity on the other.
In art the aim was not beauty but novel effects. All was
sacrificed to this idea. Hence the erection of such buildings as the temple of Hadrian in Ajzicus, Bithynia is a sign
of the times. This temple was of such gigantic proportions that Aristides in his dedicating speech says: " Your city
is the only one which does not need lighthouses or high towers
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SOCIAL DECADENCE


83


to guide mariners to its harbor. The temple fills, as it were,
the whole horizon and marks the situation of the city. Every
block of marble is as a complete temple." The use of stucco
work instead of stone for decoration, and brick and cheap
materials in parts not intended to be seen, are other proofs
of the insincerity of their art. The sculptor, too, strove to
make an impression and stamped with self-consciousness all
his work. Realism is attempted in portrait statues clothed
as in real life. The sphere of one art encroaches upon that
of another. This is seen in the bas-reliefs, which appropriate principles both of sculpture and painting.
In literature, from the time of Augustus to that of Marcus
Aurelius, the individualistic tendency is noticed. As in the
corresponding period in Grecian history, all canons of art
are subordinated to the effort to please and astonish.
Applause of his contemporaries was the author's goal.
Hence the literature of the day is marked by lawlessness in
the choice of subjects, violence of expression, mannerisms
of all kinds. We do hear a protest against this sort of thing
from Quintilian. He was, however, out of sympathy with
his times and so his protest was in vain. " Almost all our
speech is metaphor," he says. The antique, the remote, the
unexpected was the fashion. Satire and epigram were the
characteristic form of literary production. Seneca, Statius
and Martial were all time-servers. Juvenal, however, paints
the social vices of his age, and Lucian ridicules the superstition of the people.
After the death of Marcus Aurelius the decay of the
Romans went steadily on without conscious effort at recoil
until it culminated in the fall of Rome.     Loss of
national identity, resulting in intense individualism, is the
feature of this last stage of Roman decadence. Indeed
Rome became the rendezvous for adventurers from all over
the world. It was dangerous to venture abroad in the
streets even in the daytime, so full were they of desperate
characters. Ammianus Marcellinus, speaking of the fourth
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84      ANNALS OF THE AMERICAN ACADEMY


century, says: " But of the lower and most indigent class
of the populace some spend the whole night in the wine
shops. Some lie concealed in shady arcades of the theatres... or else they play at dice so eagerly as to quarrel
over them; or (and this is a favorite pursuit of all others)
from sunrise to evening they stay gaping through sunshine
or rain, examining in the most careful manner the most sterling good or bad qualities of the charioteers and horses." 1
The rabble of the capital, accustomed to being fed by despotic rulers, cried " Give us bread for nothing and games
forever.'" Even in the age of Trajan Juvenal made one of his
characters say: " I cannot bear this Greek city. But the
Greeks are not the worst feature, for the Syrian Orontes has
long since emptied itself into the Tiber."
Among the signs of the times are the withdrawal of gold
and silver from circulation, the unequal distribution of
wealth, the rapid depopulation of the empire, the frequency
of fires, famines, and epidemics, the degeneracy of the soldier
class, the loss of respect for learning, and the substitution
of frivolous amusements for the more dignified ones of early
days. Says Ammianus Marcellinus: "Those few houses
which were formerly celebrated for the serious cultivation of
becoming studies are now filled with the ridiculous amusements of torpid indolence, re-echoing with the sound of
vocal music and the tinkle of flutes and lyres. Lastly,
instead of a philosopher we find a singer; instead of an
orator some teacher of the ridiculous arts is summoned, and
the libraries are closed forever like so many graves; organs
to be played by water power are made, and lyres of so vast
a size that they look like wagons; and flutes and ponderous
machines suited for the exhibitions of actors." 2 The Roman
had at this time utterly lost his personal pride in the glory
of the community and his doom was sealed.
From the foregoing review of these two ancient civilizations it is evident that excessive individualism caused their
1 Ammianus Marcellinus, p. 21.
Ammianus Marcellinus, p. I9.
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SOCIAL DECADRNCE8


85


decay. In Greece the analytical turn of mind led to extreme
individualism, while in Rome the Roman's imitativeness led
to the loss of national character and the consequent growth
of individualism. In both cases the rise of individualism,
while beneficial at first, proved fatal because it was not controlled and moderated by the group. When individualism
fosters the consciousness of one's self to the exclusion of
group consciousness it becomes destructive, for in societies
an exaggerated self-consciousness of the unit is destructive,
group consciousness is preservative. The only individualism
which can exist permanently in a progressive society is that
which is controlled by group consciousness, that in which
the individual personality is brought to completeness and
freedom under control of group ideals. This is the lesson
the ancients failed to master in their struggle for world
power. Are we moderns any wiser? Dr. Lester F. Ward
says:   As yet only the individual is rational. The way to
counteract the evil effects of mind operating in the individual is to infuse a larger share of the same mind element
into the controlling power of society.  Such a powerful
weapon as reason is unsafe in the hands of one individual
when wielded against another. It is still more dangerous in
the hands of corporations, which proverbially have no souls.
It is most baneful of all in the hands of compound corporations, which seek to control the wealth of the world. It is
only safe when employed by the social ego emanating from
the collective brain of society and directed toward securing
the common interests of the social organism."
To sum up. A healthy social life, which consists in the
maximum of individual freedom, enterprise and ambition,
coupled with a hearty and generous cherishing of common
or group interests and concerns, must be steered between
Scylla and Charybdis.   The one danger is institutional
decadence, due to a dying out of energy, enterprise, and power
of co-operation by reason of an overgrowth of traditions and
1 The Psychic Factors of Civilization, p. 276.
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86       ANNALS OF THE AMERICAN ACADEMY
institutions which fetter the individual without serving group
interests. The other danger is individualistic decadence, due
to the suffering of all common or group interests by reason
of the dissolution of common faiths, ideals, and undertakings
and the hypertrophy of private consciousness, private feelings, and private aims. Strange as it may seem, the final
stage of each disease is the same. Toward the end of either
type of decadence we have people who are egoistic without
being strong in individual character, selfish without being
ambitious, unscrupulous without being enterprising, depending on one another, yet without the capacity of co-operation,
sociable yet powerless for effective association, too indifferent
for great corporate achievements, yet too feeble for splendid
individual achievements.
SARAH E. SIMON~'
Washington. D. C.




COMMUNICATIONS.
COMPULSORY VOTING IN BELGIUM.
With the institution of the plural vote and the compulsory vote,
established in i893, and of proportional representation, adopted in
I899, the system of a practically universal suffrage as applied in the
little kingdom of Belgium has reached a standard of intelligent
organization as yet unequaled in any other country. The principles
of the whole organization which is more intricate in its appearance
than in reality, the operation of the system and its justification alike
from a theoretical point of view and from its practical results are fully
discussed in the very learned, concise and clear study recently published by Professor Leon Dupriez.1
I   The plural vote, which gives supplementary voting power to the
better qualified members of the community, such as the heads of
families, landowners, government bondholders and people of education, was adopted contemporaneously with a constitutional revision
which had for its principal object a more than ten-fold extension of
the franchise which would make the suffrage nearly if not quite
universal. The danger attending the latter change was that the
more responsible and sounder classes of the community, irrespective
of social standing, might be swamped, electorally at least, by the
sudden rush of radical, socialist, and collectivist voters, especially in
the thickly populated industrial areas and in the large cities of the
country. Plural voting was thus intended as a careful counterpoise,
and not as a check to democratic reforms; and statistics show clearly
that it has worked as a balancing-pole or ballast to public opinion, not
to impede its progress, but to steady its movements and make them
less hazardous, less fitful and less dangerous to the welfare of the
country.
Proportional representation was voted several years later, after a
long and painful struggle against various sections of opinion. Some
opposed it as they had opposed universal suffrage and plural voting,
because they distrusted all political novelties. Others opposed it
because they'felt that an equitable distribution of political power
amongst parties would inevitably lessen their power or do away
altogether with seats traditionally held by themselves or by their friends
in particular constituencies. The reform, however, went through,
1 Lorganisation du Suffrage Universel en Belgique; Vote Plural; Vote Obligatoire;
Representation Proportionelle. By LikoN DuPRIEZI,Jprofessor at the University of
Louvain. Pp. 260 Price, 3.50 francs. Paris: Irarose, 90oi.
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88      ANNALS OF THE AMERICAN ACADEMY


and, so far as a first experiment enables one to judge of its effects, it
is undoubtedly a success; it has strengthened the party organization,
it has greatly diminished the bitterness of political campaigns
and it has raised the parliamentary standard. Together with the
plural vote, proportional representation may be tken as the crowning
feature in the organization of a very democratic franchise, and the
political and social condition of Belgium rendered the adoption of
these advanced reforms as imperative as they have proved beneficial.)
Not so, however, with countries in a different stage of political
development. The plural vote would certainly be looked upon as a
step backwards wherever the franchise has already been made general, and a proposal to establish it would surely be opposed as giving
unjustifiable privilege to some classes of voters. Proportional representation on the other hand, is not an urgent need in countries where
public opinion is almost evenly divided between two great parties who
come into power alternately, nor in countries where the theory generally prevails that to the victor belong the spoils and that the defeated
party has no right to complain because it is left out in the cold, waiting
for its turn to break into the house triumphantly, while the others
revel inside.
But the compulsory vote appears to the student of political science
as the alpha of electoral organization. The greatest evil in a democracy is the indifference of its best people towards public business, and
the worst form of that indifference is electoral abstention, because it
leaves the government of the country and the power of the legislature
completely in the hands of the professional politician and his disreputable supporters. Now it is a fact that unless the quieter people
are made to vote, by some artificial machinery, it is very hard to bring
them to the polls in the necessary large numbers, even where party
organization is strong and when a vital question is at stake. Statistics
show that in countries such as England, the United States, Belgium
and Switzerland, where the natural organization of political life is far
ahead of the rest of the world, abstentions still range from 14 to 30 or
40 per cent of the/electoral body. 1Before I893 in Belgium  I6 per
cent of the voters used to stay away, notwithstanding the exertions of/
'the party leaders. After the adoption of the compulsory vote the
average rate of abstention fell suddenly to between 4 and 5 per cent
and it is sure to decrease still more owing to the increased chance of
success that proportional representation gives to all parties interested
in the political struggle. This small rate of abstention does not evest
represent the real number of voters who might have voted and did
not attend the polls. This is because, first, a certain percentage of
voters on the register are dead when the elections come round, and
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COMPULSORY VOTING IN BELGIUM


89


second, some more are prevented from attending through illness, age
or absence from the country. The records of the police coustsi vhere
the cases of non-attendance are tried, show that out of a total of,o58, 165 voters called to the polls in 1898, 5,551 failed to attend without giving previous notice of the reason to the courts and were
prosecuted; 2,62I of these, however, were excused by the magistrate
on legal grounds such as illness, age or absence. This leaves 2,930
who were fined, which represents a rate of unexcusable or guilty
abstention of not quite 3 per cent of the electoral body, or exactly
2.76 out of every thousand. Howv was this wonderful success achieved?
The theoretical question whether the suffrage may be rendered
compulsory by statute would scarcely have been raised in parliament,
but for the personal antagonism of a few prominent members to the
then prime minister and head of the conservative party, Mr. Burnaert.
This difficulty, however, was easily put aside, since the franchise has
generally ceased to be looked upon purely as a right which a citizen
is at liberty to make use of or to neglect, and is on the contrary
regarded as a civic duty, which he is bound to perform scrupulously in
the interests of the community for which every citizen is a trustee in a
general way.
The main objection of most political thinkers to the compulsory
vote is the practical difficulty of enforcing the obligation efficiently.
Obviously public opinion would not brook severe penalties such as a
heavy fine or a term of imprisonment for an infringement of duty
slight in itself and which becomes prejudicial only when it becomes
customary and involves a large section of the electoral body. And if
the penalty is but light, who will be afraid to incur it, if one derives
more profit from attending to one's business or one's pleasure than
from voting? The answer to the problem was found in a particular
kind of penalties at once light but such as are not risked lightly by
responsible citizens, ranging from a mere warning in the case of first
offenders, to a small fine of 25 francs and the suspension of political
rights for a period of ten years in the case of obdurate offenders.
This suspension precludes the offender from being, during that term,.
a candidate for any office or promotion whatsoever in the public)
service, and from public honors and deprives him of his franchise for the!
same time. To some it looked ridiculous to punish a man by taking
from him a right precisely because he did not care to exercise it. But it
is one thing to wilfully neglect a privilege under certain uninteresting
circumstances, and another to be deprived of it altogether for ten years.
The facts, as shown by statistics, fully bore out the soundness of the
nfidence which the framers of the revised constitution of 1893 had put
in the compulsory vote. Its immediate success might perhaps not be
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90      ANNALS OF THE AMERICAN ACADEMY


quite so great in some other countries, because, as we know, abstentions were never very common in Belgium, owing to the keenness of
political struggles, the organization of parties and the high standard
of political education of the people. But, there is every reason to
think that, everywhere the obligation would breed the custom of
attendance and that his in turn would awaken a new interest in
political campaigns. lf democracy is to redeem  its magnificent
pledges to the peol, as we fondly hope, it can only do so by the
co-operation of the more honest, the more responsible, in a word, the
better citizens of the country, and this must be secured at any cost,
either voluntarily by education-and history shows that mere education, example and persuasion are not always a match for the scheming
professional politicians and the machine bosses-or by the compulsory
vote.
A. NIRINCX.
Brussels.
THE IMPORTATION OF DEPENDENT CHILDREN.
In recent years there has been a growing hostility toward the
practice which has long prevailed of sending dependent children
outside the borders of the state in which they become dependent to
place them in foster homes. This sentiment is rapidly crystallizing in
laws either forbidding the practice or restricting it. The following
study was made in the hope of getting at the facts in the case and in the
further hope that some of the principles which should apply might
appear. To this end letters were sent to persons throughout the states
involved who were in positions to know local conditions and local
sentiment.
The legislation now in existence, so far as can be learned, is as
follows:
In I895 Michigan (Act No. 33, Public Acts, I895; App. Mar. 26,
I895) passed a law requiring all associations or individuals wishing to
place a child from without the state in a home within the state to file
a bond of $i,ooo, before the judge of probate of the county in which
the child is to be placed; that such child shall not become a town,
county or state charge before it shall have reached the age of twentyone. In case the child becomes dependent the bond is forfeited and
placed in the general fund of the state treasurer. " Any person who
shall take such child indentured, apprenticed, adopted or otherwise
disposed of, to him or her, except in the manner herein provided,
shall be deemed guilty of a misdemeanor."
Minnesota in I899 (Chapter I38-S. F., No. 244, App. Apr. 17, I899)
required associations bringing in children to file an indemnity bond
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THE IMPORTATION OF DEPENDENT CHILDREN  91


of $I,ooo, conditioned as follows: That they will not bring in any
child that is incorrigible or unsound in mind or body; that they will
remove any child which becomes a public ward within three years;
that they will maintain a supervision of the children placed out, visiting them at least once a year; that they will make such reports to the
State Board of Charities and Corrections as that body may require.
The state board mentioned has charge of this work, and may make
additional regulations.
Indiana, in an act approved February 13, i899, forbide any association or individual, including residents of the state, to bring in
children without first obtaining the written consent of the Board of
State Charities, conforming to its rules and filing an indemnity bond
of $IO,ooo, that said child shall not become a public charge, and
agreeing to remove the child on thirty days' notice from the board,
with a forfeit of $i,ooo if the child is not removed. Relatives are
exempt from the provisions of the act. Violation of the act is a
misdemeanor.
Illinois (Senate No. 269, sec. 17, App. April 22, I899) enacted that
no association incorporated under the laws of any other state shall
place a child in a family home, within the borders of the state, unless
said association shall have furnished the State Commissioners of
Public Charities with such guarantee as they may require; that no
child shall be brought in having any contagious or incurable disease, or having any deformity, or being of feeble mind, or of vicious
character; and that said association will remove any child that
becomes a public charge within five years. Any person placing a
child in violation of this act shall be imprisoned in the county jail
not more than thirty days or fined not less than $5.00 or more than
$ioo, or both.
Kansas (March, I90o), Missouri (March, I90o) and Pennsylvania
(I9oI) copied the Illinois act.
In addition there is an active agitation for restrictive laws in Iowa,
Wisconsin, Nebraska and the Dakotas. A similar section in a bill in
Ohio failed of adoption because of opposition to other features of the
bill.
From the answers to the inquiry it appears that the opposition to
the practice of importing children is wide-spread. The testimony is
practically unanimous that the starting point of this opposition was
the poor work of the pioneer organizations in this line in their earlier
years. Children were dumped by the carload till at length an outcry
was made. The present opposition seems to be based on three points:
(I) It is generally believed that children placed by outside societies
are not so carefully placed nor supervised as is for their interest, and
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92     ANNALS OF THE AMERICAN ACADEMY


that frequently this lack of supervision amounts to gross neglect and
opens the way for great abuse. (2) Through this neglect and, sometimes, because of the undesirable character of the children imported,
they become in many cases wards of the new state, and must be
supported at public expense if not cared for by private charity. (3)
The importation of children tends to hinder the work of finding
good homes for the dependent children of the state, particularly
when those imported do not do well, as this causes many who are
perhaps thinking of taking a child to decide in the negative.
In regard to the first point there is no question that many organizations, even to-day, place children without careful investigation of the
proffered homes, sometimes without any investigation, and then
neglect the children after they are placed. These organizations are
not confined to any one locality, but are to be found in many states.
The chief offenders are commonly supposed to be in New York and
Chicago.
A few cases may be cited to show the justice of the complaints. It
is to be remembered that these are recent complaints. " I learned of
a seven-year-old girl who was not allowed to come into the house to
eat or sleep, and who, when the weather was cold, crawled in with
the pigs to sleep, and who went so nearly naked that quite a coat of
hair developed over her body. As a punishment they made her
kneel with bare knees on a dust-pan of gravel, and hold up an iron
sledge with which they drove fence posts. It was hard to get the
child to sleep on a bed, for she had never known one."  "Another
boy was taken by a Mr. --. His teacher missed him from
school a few days, and when he came one eye was swelled shut and
his face bruised. Teacher asked him how he got hurt and he was
afraid to tell, but gaining his confidence he told her that Mr. -----
struck him, knocking him senseless, and he lay on the floor for some
time and was not able to come to school for several days." Eye-witnesses have told a friend of the writer that a number of little children
sent to certain foreigners in Wisconsin already tagged with the names
of their new parents were the cause of free fights on the platform
when certain families were displeased with the children allotted to
them. About a year ago a child was taken from a gang of professional thieves at Cincinnati by the court. She had been placed in
the family of the leader by a certain large institution. An experienced worker writes: "Probably seventy-five cases of misplacement
have come under my notice within the past five years. In one town
of three thousand people notice had been given that a car with boys
would be in from New York at a certain hour, and families were
asked to be on hand and take the children. Old residents told me
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THE IMPORTATION OF DEPENDENT CHILDREN  93


that twenty-three families came to take boys, not one-half of whom
werefit to care for any child." Residents of a little town in Texas
told a friend of mine within a month that five or six of a company
of boys placed near there had drifted away from the homes selected
within a couple of weeks.
That the second charge is not without foundation is also capable of
proof. " I took a child a week ago said to have been sent in from
Illinois a year before, also two, a month ago, from Missouri. From a
carload lot one was in a charitable institution within two weeks of
arrival."  "A few years ago the  -institution sent out a degenerate who gradually grew worse till it became necessary to send him
to an institution. The county commissioners wrote to the institution asking them to take him back, but they refused and employed
an attorney to watch the case and notify them if he were sent to.This the commissioners did, but were met at the depot by an
agent, who threatened arrest if he attempted to abandon the boy, as
he had acquired a residence in South Dakota. The result was that he
was brought back and the county will have to pay the institution he
is in sixteen dollars a month as long as he lives." Of two boys in
another state it is reported: " The older one ran away and eventually
came before the county judge to be sent to the reform school." In
another state a correspondent says: " We have some of them in the
reform school and some in the penitentiary."
The third objection may be stated in two ways. Some claim that
there are only so many homes into which children may go and that
if outsiders take these homes there will be just so many less for the
children of the state. To the writer this point is not well taken. The
number of homes open to children is not fixed but variable. If the
children placed in a locality do well many other homes are opened
because of this fact. If the children do poorly the reverse is true. It
frequently happens, too, that people prefer children coming from a
distance, as there is less likelihood of interference from relatives and
busybodies. If very large numbers of children were placed in one
locality the objection would have more force. The fact that it is still
possible to find homes for the dependent children of the state in Wisconsin, Illinois and Iowa refutes the objection, for these are the states
in which large numbers of Eastern children have been placed. It
must be granted, however, that children might be imported in overwhelming numbers.
The second form of this third objection is more valid. It is said
that the poor placing and the lack of supervision often bring the
placing-out method into disrepute and make it harder to get good
homes for the dependent children of the state. This is the com[281]




94     ANNAIS OF THE AMERICAN ACADEMY


mon experience of all home-finding societies and needs no other
proof.
The weight of these arguments being admitted, the practical
problem confronts us as to the proper attitude toward the subject.
Our discussion may practically be confined to agencies outside of the
state, as it will seldom happen that local agencies import children.
The home supply keeps them busy. Two courses are possible:
(i) The practice may be forbidden or such onerous restrictions
imposed as to practically prohibit it; (2) a certain standard of excellence may be established and outside organizations compelled to do
their work in accordance therewith.
Indiana and Michigan have taken the former course. Few organizations will file a $Io,ooo bond as required in Indiana (as a matter of
fact none has done so), nor will any organization file a $i,ooo bond
for each child as required in Michigan. Really, then, the importation of any children by outside agencies (or home agencies) is stopped
unless the law is disregarded. Nor will many residents of the state
obey such laws. The authorities in the states mentioned profess great
satisfaction with the results. It unquestionably stops importation in
carload lots and in so far is good. The writer happens to know, however, that persons resident within these states are constantly going
outside the borders of the state and taking children back with them
in entire disregard of the provisions of the law.
The other states have taken the latter course. Minnesota, for
instance, requires fifteen days' notice prior to the time when the
child is to be placed. Such notice must show the names of the fosterparents, their residence, the full name of the child, date and place of
birth, physical history and the present physical, mental and moral
conditions; the facts relating to the history of its parents; when,
where and how the child was received, etc. Not more than twentyfive children are to be received in any one quarter. The organization
placing the child must visit it yearly. The New York Foundling
Asylum and the Minnesota Children's Home Society have filed bonds
as required by the law. In Illinois, to cite one institution, the New
York Juvenile Asylum is limited to ten children per month, and
these must not have been committed to the institution for crime.
It seems to me that the tendency to draw state lines in child-saving
work is very unfortunate and ill-advised. I agree with him who
writes: "A free-born American child, healthy in every particular,
ought to be welcome in every state in the Union, provided it has, or
is offered, a home free from immoral influences." It will be generally
admitted that it is not right to dump on other communities the
defective and diseased, including the morally imbecile. These may
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THE IMPORTATION OF DEPENDENT CHILDREN  95


be left out of consideration. The real point in the present discussion
is not whether the children from Cincinnati should be placed in Ohio
rather than across the river in Kentucky, etc., but whether the children
are to be placed in the best homes offered where they shall be trained
for useful citizenship. The question is far broader than a state question, be the state large or small. It is ultimately the welfare of the
nation which is under discussion. If this is true the welfare of the
children of New York City is just as important to the residents of
Indiana as is the welfare of those much nearer the state house at
Indianapolis.
At the same time it will be granted, as a rule, it is better that the
wards of any society should be placed as near the central office as is
practicable. It will be easier to judge of the fitness of the homes and
easier, as well as cheaper, to supervise them and to replace them when
necessary. This last is important, for, probably, at least one-third of
the children placed in foster homes are replaced once or more before
they come to self-support. Again, the fact that most of the work is
done at home will tend to make the institution careful in its methods,
as those who support the organization will quickly learn of improper
work and be influenced thereby. When the evil results are at a distance they do not come home with the same force. This, however, is
not the same as saying that state lines should be the final boundaries.
Various organizations of Massachusetts are placing their wards in surrounding states without evil results so far as I am able to learn. The
Cincinnati Children's Home and the House of Refuge can much
better care for their wards across the river in Kentucky than were
these same children in Northern Ohio. An impartial and wellinformed observer, Mr. J. J. Kelso, of Toronto, writes: "It seems to
me that the various states are rather severe on each other in prohibiting the exchange of children from one state to another. Some of the
legislation that has been passed is too drastic and practically means
prohibition." It is interesting to note his statement regarding the
importation of English children into Canada. " Some four years ago
legislation was introduced in this province regulating the importation
from Great Britain. This was owing to the popular impression that
an undesirable class was being brought out. There is still a good deal
of feeling on this subject, but my own impression is that the work is
not detrimental, but is a decided help both to the children and the
country. "
It should not be forgotten that the evils mentioned are not confined
to the work of foreign societies. Every objection urged against their
careless work applies with equal force to the common methods of
placing out children by home agencies. It is not at all difficult to
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96      ANNALS OF THE AMERICAN ACADEMY


find certain classes of institutions which place out a good many children from one year to another who never attempt any supervision of the
children placed and make but little, if any, preliminary investigation.
Many an instance of gross neglect could be cited where the child in
question had been placed within five miles of the home office.
Children of the state are no less subject to abuse than children from
without the state. The native children are to be found in jails and
reformatories in no small numbers. The matter of fact is that the
placing-out work of the country at large has not been done as carefully as could be desired, nor has the supervision been such as commends itself to-day. Much of this was inevitable, but it should not
be overlooked in discussing the importation of children. I do not
know of an organization in the Middle or Western States which visits
all of its wards who are out in homes at least once a year, though
some of the state agencies come somewhere near this. These things
being so, it will not do to put too much odium on the foreign society.
There would seem to be more reason for the attempt to exclude
children, usually boys, who have been committed to an institution for
some offence. I question, however, even the wisdom of this in most
cases. To begin with, the writ of commitment in a given case is by no
means a sure indication of the real trouble. I have been told of a
Wisconsin law that children committed to a certain institution for
incorrigibility were to be supported at the expense of the county from
which they came, while if the commitments were on the ground of
petty larceny the expense was borne by the state. Commitments for
incorrigibility are said to be almost unheard of. I have known a
young man sent to a reformatory for walking on the railroad track,
though the real cause of the commitment was that he was suspected of
petty thieving. I have known boys of less than twelve years sent to
a city reformatory who had merely been truant from school. If the
penology of to-day stands for anything it is that such boys should be
given a chance under proper conditions and away from the old
environments. The experience of the Pennsylvania Children's Aid
Society indicates that such a course with careful supervision of the
boys leads to good results. Why then should we draw a line between
the states and say that such a boy shall not cross this line to enter
some good family ready to receive him? There is a need for common
sense in dealing with boys of this class. To take a boy of fourteen
to sixteen from one of the old style institutions, or new style, and
place him in the first shop or on the first farm offered and then leave
him without oversight is to invite trouble. This will be true whether
the new home is within or without the state. Many such boys are
placed out from Massachusetts, and complaints are few, but the work
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THZ IMPORTATION OF DIEPWNDENT CHILDREN  97


is not done in the hit or miss fashion. In a word, the point of attack
with regard to this phase of the question, recognizing that the complaints are often well founded, is not the child's previous record nor
his previous home, but the method under which he is placed in a new
environment and the means taken to adjust him to this change.
It being granted, then, that dependent children of all states are
usually of the same species; that it is to the interest of the entire
country that they be placed in the best possible homes, usually away
from the old environment; that, if this is done, the chances are that
self-supporting and self-respecting men and women will be developed;
the writer must confess that he sees no necessity for legislation specially
directed against those who become dependent outside of any particular
state. If the Indiana plan is to prevail, interstate comity would seem
to require that Indiana enact a law forbidding the placing of its
dependent children outside of the borders of the state. I do not
remember to have heard this advocated. Instead of attempting to
hinder the bringing in of children it seems to me that the point of our
efforts should be to guarantee that good homes should be selected and
proper supervision exercised for all children who are placed out in
foster homes by all the agencies. This means state inspection and
supervision of the work of local agencies. Indiana has taken a long
step in this direction by requiring the placing out organizations to
report to the State Board of Charities and in having the foster homes
visited by an agent of this body. This means that an agent of the
state is given an opportunity to learn at first hand the character of the
work being done by home agencies. Some such method as this under
a board of charities or a state board of children's guardians, the board
being given large discretion, should furnish a reasonable guarantee that
all the children were properly cared for. It seems to me, then, that
the proper method of procedure is to establish a certain standard of
excellence and to bring the work of all agencies up to this standard.
I am heartily in favor of wise regulation of the placing out work, but
I am not in sympathy with the spirit which would close good homes
to needy children.
It is to be admitted that there will be failures no matter what the
system. Boys and girls brought into Illinois sometimes do badly, but
that is no reason for keeping out others who may do well. The
ability to place children in other states has frequently been of great
value. The Illinois Children's Home and Aid Society has often
turned over some of its children to organizations in other states, these
other organizations assuming the control and responsibility, with
splendid results. One cause of the feeling of general antagonism to
outside agencies has been the great development of placing out work
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98     ANNALS OF THE AMERICAN ACADEMY


in the states under discussion. This has sometimes led to a narrowminded view of the general situation. This short-sighted prejudice
against outside agencies coupled with righteous indignation against
the bad work of many of them has produced the opposition. It is to
be hoped that the more liberal legislation will prevail. Another fact,
which throws a side light upon the general question, is that from the
neighboring states, say Michigan, go more unmarried mothers to be
delivered, to have the children and often themselves cared for by the
charitable agencies of Chicago, than there are children placed by all
the agencies of Illinois in Michigan during the same period. The
world is too small for glass houses.
A final point of the greatest importance is the question as to how
much of the attempt to regulate the importation of children, that is,
the attempt to draw artificial boundaries over which certain classes of
normal people may not pass nor be passed, is constitutional. There
are those who do not hesitate to declare that certain provisions of
the Indiana law, for instance, are unconstitutional. This is a point
which the courts must determine and one which I am not competent
to discuss, but it has a vital bearing on the question. In this connection see Charities Review, April, 190I, p. 279.
CARL KILSEY.
Chicago, IIl. Harrison Fellow in Sociology, University of Pennsylvania, Phila.
BANKING AMONG THR POOR: THE LIIGHTHOUSE SAVINGS FUND
EXPERIMENT.
The principal reason why the poor do not save is undoubtedly that
they have so little to spend. At the same time, the experience of the
Lighthouse Savings Fund of Philadelphia demonstrates that another
important reason is the lack of savings agencies in which the poor
have confidence. The above institution was opened in June, I9oo, in
a crowded manufacturing district in Kensington, and is the outgrowth
of a "stamp centre" of the Theodore Starr Savings Bank conducted
for several years in the same locality. Its success has been truly
remarkable. The balance-sheet showed about $7,ooo in deposits at
the end of the first month. At the end of nine months this figure
had risen to nearly $17,ooo. And this growth has interfered but little
with the prosperity of commercial savings institutions in the same
vicinity. It is to be explained principally by the personal confidence
which people in the neighborhood have in Miss Kelly, one of the
organizers of the Savings Fund. The importance of this factor was
illustrated when the business was moved to its present site, at the
corner of Lehigh Avenue and Mascher Street, and a run was only
[286]




BANKING AMONG THE POOR


99


averted by assuring anxious depositors that it was still " Miss Kelly's
bank." On the other hand, many of the mill-workers of the district
have refused to have anything to do with a neighboring financial
institution, supported largely by the capital of their employers,
because, as they say, if mill-owners suspected that their employees
were saving they would promptly cut down wages. Both facts illustrate that the development of providence among the poor depends in
large-ieasure on the establishment of personal relations of mutual
confidence between the banker and his prospective customers.
The.Lighthouse Savings Fund has been conducted during its first
nine months at an average monthly expenditure of about one hundred
dollars:- During this time it has helped more than five thousand
people to save, and in this way has done as much for the physical and
moral well-being of its patrons as any possible preventive agency
could h6pe to do. Its business is steadily growing, and gives promise
of eventually reaching very considerable proportions. While it is
not yet self-supporting, its cost is but trifling when compared with the
benefits it already confers. Moreover, instead of showing an increasing deficit, like many an old-fashioned charity, the figures point to an
opposite result, and to its becoming almost, if not quite, self-supporting
in the not very distant future.
The belief that this little institution is rendering valuable social
service, and the hope that it may be copied by similar institutions in
other localities, leads me to give the readers of the ANNAIS a somewhat technical description of its business methods.
The bank has been organized on a plan which admits of almost
indefinite expansion, but which is simplicity itself. With over
9oo book depositors and more than 3,200 stamp-cards outstanding, its
business is easily handled by the cashier and two youthful assistants.
It is now open every day and on two evenings in the week, so that
opportunity is given to get to the bank, however long the depositor's
working hours may be.
The bank receives two classes of deposits: book deposits, on'which
interest is allowed at the rate of 2 per cent per annum, and stamp
deposits, which do not bear interest. In the former class, the first
deposit must be at least two dollars, and no amounts of less than ten
cents are entered in the bank books. In the latter class, deposits of
any amount are received.
Entering the bank, one sees three windows which are lettered,
respectively: "Book Deposits," "Withdrawals," and "Stamp Deposits." The last window always seems the most popular, and particularly on Friday and Saturday afternoon and evening is constantly
surrounded by large numbers of children.
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ANNALS OF THZ AMERICAN ACADEMY


One week's notice is required in order to make a withdrawal. A.
the time this notice is given, the depositor is required to leave his
bank book, and is given in exchange a small receipt card. A week
later the money is payable on surrender of the card, and by signing
a receipt. The use of consecutive numbers on the receipt cards makes
the finding of any particular item exceedingly easy. All the money
represented by a stamp-card has to be drawn at one time, no payments
on account being made in this class of deposits. These withdrawals
are treated in the same way as book withdrawals, except that the
deposit being to bearer, the money is simply paid out on surrender of
the receipt card.
The work of the bank is divided into three distinct parts-the
receipt of book deposits, the sale of stamps, and the payment of
withdrawals. All book deposits are entered in the receiving teller's
scratcher at the same time that they are entered in the depositor's
book. At the close of the day all the deposits are entered in the individual depositors' ledger. The form of ledger used is a "loose leaf"
book, with columns for dates, deposits, withdrawals and balances.
Book withdrawals are treated in the same way as deposits, with the
exception that a week's notice is required before the cash is paid out.
This permits the cashier always to provide for a week in advance, and
enables a small force to handle easily a large amount of current business. Interest is paid on these book accounts, and is calculated by
transferring each month to a card index, the monthly balance on
which interest is allowed. At the end of the year the interest is computed by a short method, and is added to the bank book and ledger
in the same way as an ordinary deposit.
A signature book is kept, in which the depositor signs his name on
opening the account, or, where this is not possible, owing to illiteracy
or the tender years of the customer, the name is noted by the cashier
wvith some description of the depositor.
An alphabetical card index of the depositors is also kept.
In a community such as that in which the Lighthouse Savings Fund
transacts its business, many active book accounts are opened without
getting the depositor's signature. Often a single child will do the
banking for a whole street, and it is a matter of wonder that a child
of eight or nine can remember the amounts of perhaps a dozen different deposits and withdrawals without so much as a scrap of paper to
aid in the feat of memory.
The only other book used by this department is the " Withdrawals
of Deposits" scratcher.  In it the amounts to be withdrawn are
entered in numerical order, and the depositor signs for the sum
-received.
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BANKING AMONG THZ POOR


IOI


The stamp business requires less bookkeeping; a balance-sheet
showing the number of stamps on hand, and the "Stamps Redeemed "
scratcher comprising the entire outfit of this department. A settlement is made at the close of each day's business, and it is always
possible to tell the exact amount of stamps outstanding and the
number of cards on which they are placed. Extreme accuracy has to
be observed in the handling of stamps, as a mistake once made is
irretrievable.
Monthly balance sheets are taken off by the cashier of the bank,
and his accounts are audited each month. In addition, the cashier
and his assistants are bonded in a surety company.
The funds of the bank are deposited in a trust company, which is
its active depository, and a special reserve is kept in another large
banking house.
A list of the books used by the bank and a copy of the rules in
regard to deposits, etc., would still further explain its methods, but it
is believed that the above description contains in general the information indispensable to anyone who desires to establish a similar
institution. Should a more detailed account of the operations of the
bank be desired, its officers will be very glad to supply it.
F. B. KIRKBRIDE.
Philadelphia.
CORRECTION.-The clause on page 77, line 7, in this department of
the May ANNALS (Vol. XVII), reading, " a two-thirds vote of "
should be corrected to read " a majority of all of the members elected
to." The "two-thirds" requirement was a feature of the revised
constitution submitted to the voters of Rhode Island in 1899, but was
rejected.




PERSONAL NOTES.
Bates College.-Dr. C. William A. Veditz has been appointed
Acting Professor of History and Economics at Bates College, Lewiston, Me. He was born at Philadelphia, November i8, I872, and
received his early education in the public schools and the Philadelphia Central Manual Training School, from which institution he
graduated in i889. The same year he entered the Wharton School
of Finance and Economy of the University of Pennsylvania, where he
received the degree of Ph. B. in 1893. From the fall of I891 until the
early part of i895 Dr. Veditz studied in Germany, principally at the
universities of Berlin, Leipzig and Halle, graduating from the latter in
March, i895, having specialized in economics and sociology. From
the middle of I895 until the end of i899 he continued his studies in
France, principally at the Paris Law School, the School of Anthropology, the Sorbonne and the College of Social Sciences. In I900 he
studied and traveled in Italy, returning to America the beginning of
I90oI, and in April was appointed Honorary Fellow in Sociology at
the University of Pennsylvania.
Dr. Veditz is a member of the American Academy of Political and
Social Science. He has been a frequent contributor to French, German and American newspapers and has written:
" Thiunen's Wertlehre verglichen mit den Wertlehren einiger
neuerer Autoren." Halle, a. S., 1896.
' New Academic Degrees at Paris."  ANNALS of the American
Academy of Political and Social Science, March, I896.
"Revue des Periodiques" in the Paris Revue internationale de
Sociologie, i896.
"Sociological Instruction at Paris." American Journal of Sociology, I897.
Cogswell Polytechnic College, San Francisco.-Mr. Barton
Cruikshank has been elected President of Cogswell Polytechnic College. Mr. Cogswell was born February 5, I866, at Albany, N. Y.,
and received his early education in the Brooklyn public schools and
at Adelphi Academy and Adelphi College, in Brooklyn, also at the
Brooklyn Polytechnic Institute. He received the degree of M. S. at
Francis Xavier College, New York, i899, and since I886 has been
connected with a number of manufacturing concerns as engineer. He
was Instructor in Graphics, Kinematics and Valve Gearing at Princeton University in 1891-92, and was head of the Department of
Graphics and Metal Work of the Manual Training High School of
[290j




PERSONAL NOTES


1o3


Brooklyn from I893 to I897. From I897 to go90 he was President
of Clarkson School of Technology, Potsdam, N. Y. Mr. Cruikshank
is a member of the American Society of Mechanical Engineers,
American Forestry Association, the American Academy of Political
and Social Science, the American Association for the Advancement of
Engineering Education, and the International Association for Testing
Materials. He has published an article in the Engineering Magazine
for July on " Repetitive Parts Manufacture," and he is the author of
other articles in the American Machinist, and in the publications of
the American Society of Mechanical Engineers.
Cornell University,-In the reorganization of the Department
of Political Economy, Sociology and Political Science at Cornell
University, Professor J. W. Jenks, the head of the department, takes
the Chair of Political Economy and Politics in the place of that of
Political Economy and Civil and Social Institutions. A personal
and biographical note of Professor Jenks and his work will be found in
the ANNALS for July, I89I.1 Since that time the record of Professor
Jenks' activity comprises the following interesting facts:
The academic year, I892-93, was spent by Professor Jenks in Europe
making a special study of practical political methods followed in the
leading European states, especially with reference to the methods of
legislation. This time was spent mostly in the capitals, London,
Paris, Rome, Berlin and Berne, and the work was done in connection
with the officers of the government rather than in connection with the
universities. Professor Jenks has also served (I895-97) as secretary of
the American Economic Association, and for several years was secretary and then chairman of the Committee on Finance of the American Social Science Association.
In February, I899, he was appointed Expert Agent of the United
States Industrial Commission and was put in charge of their investigation of Industrial Combinations. In that position he has had under
the general direction of the Commission the task of selecting the witnesses to be heard, of questioning the same, of editing their testimony
and of making special studies on the general subject. In the summer
of I9oo, in connection with that work, he visited Europe and investigated the conditions regarding Industrial Combinations in England,
France, Germany and Austria.
He was, in August of this year, appointed Special Commissioner
of the War Department to investigate economic conditions in the
Orient, particularly the currency systems and conditions regarding
labor, internal taxation and police in Burmah, the Straits Settlements
and Federated Malay States, and Java, and to report to the Secretary
Vol. ii, p. o15.
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ANNALS OF THE AMERICAN ACADEMY


of War and to the Philippine Commission on these questions. He is
to spend his sabbatical year in this investigation. The result of this
work on Industrial Combinations in Europe is now in press and will
be published immediately by the Commission.
The following is a list of Professor Jenks' more important publications since I891:
"University Extension in Indiana."  Book News, May, I891.
" Land Transfer Reform."  Annals of the American Academy of
Political and Social Scence, July, 1891.
" Trade Unions and Wages." Journal of Social Science, October,
i89r; also reprinted with additions in the Inlander, I89i.
"A Word to Trade Unions."    Charities Review, December, 189I.
"The Trusts in the United States."  Economic Journal (English),
March, 1892; rewritten with additions from the Jahrbiicher fir
National-Okonomie und Statistik, January, I89r, where it appeared
under the title I" Die ' Trusts' in den Ver. Staaten von Amerika."
"School Book Legislation."  Political Science Quarterly, I891.
" Practical Economic Questions."' Syllabus of Lectures, I892.
"Critique of Educational Values."   Educational Review, January, I892.
"Railway Profit Sharing."  Charities Review, May, I892.
"The Peace Movement in Europe."    Christian Union, October 8,
I892.
" Money and Practical Politics. " Century Magazine, October, I892.
"Economic Legislation."  Syllabus, I893.
" The Moral Bearing of Good Roads." Congregationalist, June
22, 1893.
" Electoral Corruption: Its Cause and Cure."  Cornell Magazine,
I894.
"Present Aspect of the Silver Problem." Journal of Social Science, i894.
" A  Greek Prime Minister, Charilaos Tricoupis."     Atlantic
Monthly, March, I894.
"The Suppression of Bribery in England."   Century Magazine,
March, i894.
"Practical Politics."  Public Opinion, March 7, 1895.
" Capitalistic Monopolies and their Relation to the State."  Political Science Quarterly, September, 1894.
" Political Methods." Syllabus of Lectures, i894.
"The Guidance of Public Opinion."  American Journal of Sociology, September, i895.
" The Social Basis of Proportional Representation."  Annals of
the American Academy of Political and Social Science, November, i895.
[292]




PERSONAL NOTES


Io5


"Bill to. Establish a System of Proportional Representation in
Cities." The Proportional Representation Review, December,
I895.
Editor" Handbook of the American Economic Association," (1895,
I896, i897,) with reports of the annual meetings. Publications of the
American Economic Association.
"Political Party Machinery in the United States."  Chautauquan,
1896.
"Training for Citizenship."   National Herbart Society, i896.
"Political Questions," Syllabus of Lectures, 1897.
"Causes of the Fall in Prices Since i87z." Bankers' Magazine,
October, i897. The same revised, the Journal of Social Science,
December, 1897.
"Society as an Organism."  Discussion, Journal of Social Science,
December, i898.
"Recent Legislation and Adjudication on Trusts." Quarterly
Journal of Economics, July, i898.
" France," two articles in the Chicago Record's " Governments of
the World of To-day," February 8 and I5, i899.
"Necessity of Teaching the Duties of Citizenship in the Public
Schools." Regents' Bulletin, May, i899.
"Trusts and Industrial Combinations," a Statistical Study. Bulletin of the Department of Labor, July, 900oo. Government Printing
Office, Washington.
" The Trusts, Facts Established and Problems Unsolved." Quarterly Journal of Economics, November, 900oo.
" Essays in Colonial Finance."  Publications of the American Economic Association, August, 900oo, chairman of editorial committee
and author of essays on English Colonies in the Far East. Articles
in Johnson's Encyclopedia: especially Ballot Reform, Caucus, Political Science, Monopolies; articles in Palgrave's Dictionary of Political
Economy: especially Homestead and Exemption Laws in the United
States, Local Government in the United States, Trusts in the United
States.
" The Trust Problem," July, 900oo. McClure, Phillips & Company.
Pp. xix, 28i. I2mo.
Editor Preliminary Report of the Industrial Commission, Vol. I,
and author of the chapter on the " Effects of Combinations on Prices,"
large oct., 264,- 1,325; editor of Report of Industrial Commission, Vol. II, large oct. Pp. 29r; Part I, "Statutes and Decisions of
Federal States and Territorial Law on Trusts and Industrial Combinations," editor; (Final Report on Trusts-editor and author of
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ANNALS OP THE AMERICAN ACADEMY


chapter on " Capitalization and Securities of Industrial Combinations"-in press); (Report of Industrial Commission "Industrial
Combinations in Europe," author and editor-in press).
An "Act for the Incorporation and Regulation of Business Companies" (Bill prepared for the New York Senate, Albany, 900o).
" Elements of the Trust Problem," (Chicago Conference on Trusts,
900o).
" Publicity a Remedy for the Evils of Trusts." Review of Reviews,
April, I9oo.
" Professor Moses Coit Tyler, a biographical sketch, the Michigan
Alumnus, March, 1901.
"How Trusts Affect Prices." North American Review, June, 9goI.
"Social Effects of the Consolidation of Wealth." Address before
the Congress of Religions, June, i9oI. Published in Unity, July I8,
1901.
Professor Walter F. Willcox, upon his return to his academic
duties at Cornell, in September, 19or, will take the Chair of Political Economy and Statistics.  A notice of his former appointment
in Cornell University appeared in the ANNALS for September, I899,1
at which time he entered upon the duties of Chief Statistician in
charge of the Division of Methods and Results in the Census Office
at Washington. He received a leave of absence to enable him to
carry on this work, but now returns to his academic duties, retaining
his connection with the Census Office. Since September, I899, Professor Willcox has published the following papers and monographs:
" Memorandum on Efforts to Determine the Area and Population
of the Philippine Islands."  American Statistical Association.  New
Series, No. 47, September, I899. Pp. 34, Vol. 6, p. 346.
"Address, Race Problems of the South."  Report of the Proceedings of the First Annual Conference held under the auspices of the
Southern Society for the Promotion of the Study of Race Conditions
and Problems in the South, at Montgomery, Alabama, May 8, 9, Io,
1900.
"A Difficulty with American Census-Taking." Quarterly Journal
of Economics, Vol. XIV. August, I900.
" The Census of New  York City." New York Evening Post,
August 24, I900.
"American Census Methods."    The Forum, September, I9oo.
"War Department, Report of the Census of Cuba, 1899." Washington, I9oo. (Statistical Expert and Joint Author.)
" War Department, Report of the Census of Porto Rico, 1899."
Washington, I9oo. (Statistical Expert and Joint Author.)
Vol. xiv, p. 221.
[294]




PERSONAL NOTrS


Io7


" Negro Criminality."  An address delivered before the American
Social Science Association at Saratoga, September 6, i899.
Professor Frank A. Fetter has been appointed to the newly established Chair of Political Economy and Finance. Professor Fetter
goes to Cornell from Leland Stanford Jr. University, where he held
the Chair of Economics from I898 to 900oo, serving as acting professor
in the first year, a notice of which appointment, together with a biographical sketch of Professor Fetter, appeared in the ANNALS for
September, I898.1 The appointment was made permanent in I899, and
in May of I90o Professor Fetter was granted a leave of absence for a
year, which he has spent in travel and study. He served as Professor
of Economics at Cornell University in the Summer School of i90I,
and will begin his duties as Professor of Economics and Finance in
September of this year.
Among his recent publications are the following:
" The Essay of Malthus:" a Centennial Review. Yale Review 7:
153 (August, I898).
" Politics in the Charitable Institutions of the Pacific Coast."  Proceedings of the National Conference of Charities for I899.
" Social Progress and Race Degeneration." Forum 28: 228 (October, I899).
"Recent Discussion of the Capital Concept." Quarterly Journal of
Economics, 15: I (November, I9oo).
" The Next Decade of Economic Theory."    Publications of the
American Economic Association. New Series, Vol. 2, No. I, p. 236
(January, I90o).
" The Passing of the Old Rent Concept." Quarterly Journal of
Economics, 15 (May, I90o).
" PUblic Subsidies to Private Charities."  Proceedings of the National Conference of Charities and Corrections for I90o.
"An American Economist" (J. B. Clark). International Monthly.
July, Io91.
" The Maps, Diagrams, Data, and Statistical Tables on Housing
Conditions " (circa Ioo pp.), embodied in the report of the City Homes
Association on "Tenement Conditions in Chicago." R. R. Donnelly
& Sons Company. Chicago, 190o.
Professor Charles H. Hull, who has, since the last personal note
relating to him was published in the ANNALS in May, x893,' continued in his work as Assistant Professor of Political Economy at that
institution, was recently offered the option of a promotion to full
professorship of Political Economy, or to the professorship of AmeriVol. xii, p. 260.
Vol. iii, p. 81o.
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ANNALS OF THE AMERICAN ACADEMY


can History. He has chosen the latter alternative and will begin
his work as Professor of American History at Cornell in September
of this year. Since the last note was published, Dr. Hull has prepared an edition of the Economic Writings of Sir William Petty,
which was printed by the University Press in Cambridge in i899.
Dickinson College, Carlisle, Pa.-Dr. James E. Pilcher has been
recently elected Professor of Sociology and Economics at Dickinson
College. He also holds the Chair of Medical Jurisprudence in the
Dickinson School of Law and is Professor Emeritus of Military
Surgery at the Ohio Medical University. Dr. Pilcher was born March
i8, i857, at Adrian, Mich. He studied at the Detroit High School
and graduated from Michigan University with the degree of B. A. in
I879. He received the degree of M. A. and Ph. D. from the Illinois
Wesleyan University in I887, and the degree of M. D. from the Long
Island College Hospital, Brooklyn, N. Y., in I88o. He was appointed
lecturer on Military Hygiene at Starling Medical College in I896, and
was Professor of Military Surgery at the Ohio Medical University in
i896-97, and held the same chair at Creighton Medical College in
1897-98, and the Chair of Anatomy and Embryology at Dickinson
College in I899-1900. He is a fellow of the American Academy of
Medicine and a member of a number of medical associations, being a
life member and Secretary and Editor of the Association of Military
Surgeons of the United States. He is also a member of the American
Association for the Advancement of Science and a member of the
American Medical Association. He has served in the United States
Army Medical Department,, ranking as Lieutenant in I883, Captain in
I888, Major in I898, and retired in 900oo. He has also been a member
of the editorial staff of several professional periodicals from i88i to
I90o. Some of the more important of his publications are as follows:
"First Aid in Illness and Injury;" 8vo, pp. 322. English edition.
London, i892.
American editions, New York, i892, 1894, I897, I898, 1899.
"Life and Labors of Elijah HI. Picher." Royal 8vo, pp. 142. New
York, i893.
"Columbus Book of the Military Surgeons." 8vo, pp. Ioo. Columbus, I897.
" Transportation of the Disabled."  Reference Handbook of the
Medical Sciences. Same subject in Supplement to the same.
" The Uniform of the West Point Cadet." Journal Military Serv.
Inst. 8vo., pp. i6.
"Transportation of the Disabled." Journal Military Serv. Inst.
8vo, pp. 28.
" A New Field of Honor." Scribner's Magazine, pp. i6.
[296]




PERSONAL NOTEs


I09


" The Methods of Instruction in First Aid."  Crans. Association
Military Surg. 8vo, pp. 20.
" The Building of the Soldier." United Service Magazine. Royal
Svo, pp. 20.
"Place of Physical Training in Military Service." 8vo, pp. 12.
" Chauliac and Mondeville." Annals of Surgery. 8vo, pp. 24.
"Some Sixteenth Century Surgery." Annals of Surgery. 8vo,
pp. 36.
Harvard University. -Mr. William   Garrott Brown has been
appointed lecturer on American History Since the Civil War.
Mr. Brown was born in Marion, Ala., April 24, i868. He was
prepared for college at the private schools of Marion and Selma, Ala.,
entering Howard College, at Marion, in 1883, and taking his A. B.
degree in I886 with first honor. He took the A. B. degree at Harvard
College in I89I, with highest honors in History, and has been a student
in the Harvard Graduate School from I891 to 1893, taking his A. M.
degree in I892. From I892 to 1896 Mr. Brown has been Assistant in
the Harvard Library in charge of the archives and has been Deputy
Keeper of the University Records of Harvard from I896 to go9i.
Among Mr. Brown's recent publications are articles for the Atlantic
Monthly and the Youth's Companion and also for the New England
Historical and Genealogical Register. He has edited the  Official
Guide to Harvard University," and has published a "Life of Andrew Jackson" (Riverside Biographical Series) and a "History of
Alabama" (University Publishing Company, New York). In his
studies Mr. Brown has specialized in American politics and in Southern
political history.
Howard University, Washington, D. C.-Mr. Kelly Miller has
been recently appointed Instructor in Sociology in addition to the
professorship in mathematics which he has held in this institution
since I89o.
Mr. Kelly Miller was born July 23, 1863, in Fairfield County, South
Carolina. His early education was received in the local county
schools and at the private academy, after which he entered Howard
University at Washington, taking the degree of A.B. in i886. He
pursued graduate studies at the Johns Hopkins University in 1888 and
I889, and became teacher of mathematics in the Washington High
School in I889. He was appointed Professor of Mathematics in Howard University in I89O, which position he still holds. Professor Miller
has given considerable study to the principles of theoretical sociology,
and especially to the negro.question, having specialized on the subject of negro education. He is the First Vice-President of the Ameri[297]




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ANNALS OF THE AMERICAN ACADEMY


can Negro Academy, and President of the Graduate Club composed
of colored college graduates. He is also a member of the American Academy of Political and Social Science, of the National Educational Association, and of the Walt Whitman International Fellowship. Among Professor Miller's recent publications are the following'
"Primary Needs of the Negro of Negro Race." I8 pp.
"The Function of the Higher Education." I2 pp.
"The Educational Value of Geometry. " Proceedings of N. E. A., i898.
"A Sensible Political Policy for the Negro."  Outlook, December,
I898.
"The Political Status of a Backward Race." Liberia, i899.
" Lynching and Its Remedy." Hampton Workman, i899.
"The Modern Land of Goshen." Hampton Workman, I899.
"The Effect of Imperialism Upon the Negro Race." Broadside
No. ii, I900.
"Education and the Negro. " Forum, 90oI.
"Euclid and His Modern Rivals." Education, 190I.
Kansas State Agricultural College, Manhattan, Kan.-Mr. C. E.
Goodell was appointed in the fall of 900oo Professor of History and
Economics in the Kansas State Agricultural College. He had previously held for two years a fellowship in Political Science in Chicago
University. He has in preparation for press a " History of the City
Government of Indianapolis."
Lincoln College, Lincoln, Ill.-Rev. Dr. James L. Goodknight has
been elected President of Lincoln College at Lincoln, he having
been President of Lincoln University during the past academic year.
Lincoln University has now become the James Millikin University of
Lincoln, and has another branch at Decatur, Ill., known as the
Decatur College and Industrial School. Dr. Goodknight was born
August 24, 1846, in Allen County, Kentucky. He received his early
education at the country schools and at a private academy and school.
He graduated from Cumberland University with the degree of A. B.
in i871, and took the degree of B. D. from the Union Theological
Seminary in New York City in i879. He has also the degree of
A. M., received from the Cumberland University in I897, and the
degree of D. D. from Waynesburg College, Pennsylvania, in i891.
He has pursued graduate studies at the University of Edinburgh in
Scotland and at Jena in Germany. Dr. Goodknight was President of
the West Virginia University from i895 to 1897, since which time he
has been connected with Lincoln University. He has been a frequent
contributor to newspapers, periodicals and school journals.
1 See ANNALS, vol. v, p. 589, January, i895.
[298]




PERSONALI NOTES


I I


rlassachusetts Institute of Technology.-Professor William Z.
Ripley1 has been advanced to the position of Professor of Economics
and Sociology at the Massachusetts Institute of Technology. He is
for the present year on leave of absence serving as Expert Agent for
the United States Industrial Commission. Among his recent publications on economic topics may be noted the " Capitalization of Public
Service Corporations," in the Quarterly Journal of Economics for
November, Igoo. Professor Ripley is preparing for the American Citizen Series, published by Messrs. Longmans, Green & Company,
edited by Professor Albert Bushnell Hart, a volume on Railway
Economics, which will attempt to outline the more recent developments since the enactment of the Interstate Commerce Act, and will
be confined to the experience of the United States.
University of fllnnesota.-Dr. William A. Schaper has been appointed Instructor in Political Science at the University of Minnesota.
Dr. Schaper was born April 17, 1869, at La Crosse, Wis., and was
educated in the public schools of that place and at the State Normal
School at River Falls, Wis., where he was in attendance from I886 to
1891. From I893 to I895 he was a student at the University of Wisconsin, taking the degree of B. L. in I895, and continuing in graduate
work at Wisconsin in I895-96; at Columbia I896-98, when he took
his M. A. degree and then went abroad, spending the year 90oo-oI
at Berlin, and returning to take his Doctor of Philosophy degree at
Columbia in 9goI.
Dr. Schaper has been teacher of History and Economics at the
Dubuque High School,"at Dubuque, Ia., and was connected with the
United States Census Office during the summer vacation of I9oI, working in the Population Division. While at Columbia, Dr. Schaper held
a scholarship in Economics in I896, and a fellowship in Sociology in.
1898. He was appointed'Instructor in the University of Minnesota in
I9oo, with leave of absence, however, for the academic year I9oo-or,
for the purpose of spending this time in study abroad. He will enter
on his duties at the University of Minnesota in September of this
year. Among his recent publications is the following: " A Paper on
Sectionalism and Representation in South Carolina;" a sociological
study, which makes from 250 to 300 pages in print, and will appear in
the Proceedings of the American Historical Association for x9oo. This
essay was awarded the Justin Winsor Prize, given for the best monograph in American History, based on original research. The prize
was awarded by a Committee of the American Historical Association
at its last meeting in Detroit.
1 See ANNAL, vol.xvi, p. 279, September, x900.
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University of Missouri, Columbia,-Dr. Isidor Loeb has been
advanced from the position of Assistant Professor of History to
that of Professor of History at the University of Missouri. A biographical note relating to Professor Loeb appeared in the ANNA.LS for
September, i896.1 Since that time it is interesting to note that
Professor Loeb received a leave of absence in September, I9oo, spending the year in study in Europe, part of the time in attendance at the
University of Berlin. In February, 90oI, he received the degree of
Doctor of Philosophy from Columbia University, and in April, i9or,
his title at the University of Missouri was changed to that of Professor
of History and Administration.  He has published recently " The
German Colonial Fiscal System," publications of the American Economic Association, Third Series, Volume I, No. 3, August, I9oo; and
" The Legal Property Relations of Married Parties," a study in
comparative legislation, Columbia University Studies in History,
Economics and Public Law, New York, I900.
Dr. Charles A. Ellwood was appointed Professor of Sociology in
April, 90oo, the Chair having been established largely through the
influence of the Missouri State Board of Charities, and the work
of the Department was considered very successful during the first
year. Dr. Ellwood was born near Ogdensburg, N. Y., January 20,
I873. He studied at the Ogdensburg Free Academy from I888
to 1892, and at Cornell University from 1892 to I896, taking the
degree of Ph. B. at Cornell in 1896. He was a graduate student at
the University of Chicago during 1896-97 and at Berlin 1897-98, and
was Fellow in Sociology at the University of Chicago during I898-99,
taking the degree of Doctor of Philosophy (magna cum laude) at the
University of Chicago in I899. He was appointed General Secretary
of the Charity Organization Society of Lincoln, Neb., and at the same
time an Instructor in Sociology at the University of Nebraska, from
which place he went to Missouri University. Dr. Ellwood is a
member of the National Conference of Charities and Correction,
Secretary of the Missouri Conference of Charities and Correction, and
a member of the Western Philosophical Association. Dr. Ellwood's
thesis for his Doctor's degree was entitled: "Some Prolegomena to
Social Psychology," and was published by the University of Chicago
Press in I90o. It appeared separately in a series of four articles in
the American Journal of Sociology for March, May, July and September, 1899. The titles of these articles are: (I) The Need of the Study
of Social Psychology; (2) The Fundamental Fact in Social Psychology;
(3) The Nature and Task of Social Psychology; and (4) Concept of
I Vol. viii, p. 361.
[300]




PERSONAL NOTES


II3


the Social Mind. He is also the author of an article on the " Theory
of Imitation in Social Psychology" in the American Journal of
Sociology, May, 90oI.
University of Nebraska.-Professor Edward A. Ross, who held
the Chair of Economic Theory and Finance at Leland Stanford Jr.
University from i893 to I897, and the Chair of Sociology at the same
institution from i897 to I9oo, has been appointed Professor of Sociology
at the University of Nebraska. He was Lecturer in Sociology in the
same institution from February to June, i90o, and will assume his
duties as Professor in September of this year. A personal note
relating to Professor Ross will be found in the ANNALS for May, i893,1
since which time he has published the following papers and books:
"The Tendencies of Natural Values." Yale Review, August, I893.
"The Total Utility Standard of Deferred Payments."  ANNALS,
November, i893.
" 7The Unseen Foundations of Society." Political Science Quarterly,
December, i893.
" The Location of Industries."  Quarterly Journal of Economics,
April, i896.
"Uncertainty as a'Factor in Production."  ANNALS, September,
I896.
"Honest Dollars."  Chicago, i896. 64 pages.
"Our Financial Policy." Review of Reviews, January, i897.
"The Roots of Discontent."  The Independent, January 28 and
February 4, i897.
" The Mob Mind."   Popular Science Monthly, July, i897.
"The Educational Function of the Church."   Outlook, August,
I897.
" The Sociological Frontier of Economics."  Quarterly Journal of
Economics, July, i899.
" England as an Ally."  Arena, July, 1900.
The Causes of Race Superiority."  ANNALS, July, 1901.
"Social Control. " Twenty Articles, American Journal of Sociology,
March, i896-March, i898; January, 1900-January, i901.
"Social Control." 463 pages. The Macmillan Company, New
York, 1901.
Fir. Comadore E. Prevey has been appointed Lecturer in Sociology
at the University of Nebraska.
Mr. Prevey was born December 30, i87I, at Elroy, Wis. He graduated from the public high school of that place in i888, and studied
at the University of Wisconsin I891 to i895, taking the degree of
1 Vol. iii, p. 8Io.
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114    ANNALS OF THE AMERICAN ACADEMY


B. L. at that time. He was a graduate student at Yale in I897-98,
and at Columbia I898-1900, taking the degree of A. M. at Columbia in
I9o0. Mr. Prevey has held the position of General Secretary of the
Associated Charities at Ft. Wayne, Ind., and was a member of the
Tenth District Committee of the Charity Organization Society of
New York City from I898 to 900o. He was Lecturer in Sociology at
the University of Nebraska in I9oo-o0 and became General Secretary
of the Charity Organization Society of Lincoln, Neb., at the same
time. Among Mr. Prevey's recent publications may be noted:
"Comparative Statistics of Railroad Service Under Different
Kinds of Control." Quarterly publications of the American Statistical Association, September, I898.
"Economic Aspects of Charity Organization."   ANNAIrS of the
American Academy of Political and Social Science, July, I899.
New Jersey State Charities Aid Association.-Dr. William H.
Allen who held the position of Instructor in Political Science in the
University of Pennsylvania, has recently been elected Secretary of
the State Charities Aid Association of New Jersey. Dr. Allen's active
interest and participation in practical efforts at social reform will here
find a large field for work. He has already identified himself, as a
member of the Summer School for Philanthropic Work in New York
City, with the best educational work along the lines of modern philanthropy.
A personal note relating to Dr. Allen appeared in the ANNALS for
September, Ioo,' since which time he has written "The Election of
I900."2 ANNALS, November, I9oo.
He continues as one of the editors of the Department of Municipal
Notes in the ANNALS, in which work he has shown a wide range of
sympathies and good critical judgment.
University of North Carolina.-Mr. Charles Lee Rapers has recently been appointed Associate Professor of Economic History in the
University of North Carolina.
Northwestern   University.-Mr. John    E. George, formerly
Instructor in Economics, has been made Assistant Professor of Economics in Northwestern University. A personal note relating to Mr.
George appeared in the ANNALS for January, I901,4 since which time
he has published an article in the May number of the QuarterlyJournal
of Economics on " The Chicago Building Trades Conflict of 9oo."
1 Vol. xvi, p. 282.
SThis study was outlined and prepared with the assistance of the Senior Arts
Class in Practical Politics, in the University of Pennsylvania.
8 See ANNALS, vol. xvi, p. 446, November, I900.
4Vol. xvii, p. 107.
[302]


I      11 - IN                                                                                                             M&




PERSONAL NOTEs


II5


Ohio State University.-Dr. James B. Hagerty has been appointed
Assistant Professor of Economics and Sociology at the Ohio State
University, Columbus, Ohio.
Dr. Hagerty was born at La Porte, Ind., and received his early
education in the public schools of that place, graduating finally from
the Northern Indiana Normal School. He entered Indiana University in i888, graduating in I892 with the A. B. degree, and then
taught mathematics in the La Porte High School for four years. He
entered upon graduate work at the University of Chicago in I896-97,
and was subsequently appointed Honorary Fellow at the University of
Wisconsin for the year I897-98. He then went abroad and spent
the year I898-99 in study at Berlin and Halle, and was subsequently
appointed Harrison Fellow in Sociology at the University of Pennsylvania. He took the degree of Doctor of Philosophy at the University of Pennsylvania in 900oo, and was appointed Senior Fellow for
the year I90o-oI.
Dr. Hagerty has in preparation for press a volume on the " Social
Aspects of the Distribution of Economic Goods."
South Dakota Agricultural College.-Mr. Albert Spencer Harding, formerly Assistant in History and Economics in the South Dakota
Agricultural College, has been advanced to the position of Professor
of History and Civics.
Professor Harding was born November 30, i867, at Janesville, Rock
County, Wis. He received his early education in the public schools
of Janesville, and in i889 entered the South Dakota College, from
which he graduated with the degree of Bachelor of Science, in I892.
His M. A. degree was taken at the University of Nebraska in 1897,
where he studied from 1892 to i894, and again from x895 to I897,
holding the fellowship in American History in the University of
Nebraska in the academic year x896-97. He was also a student in
the Graduate School of the University of Wisconsin in 1898.
Syracuse University.-Mr. Delmer E. Hawkins has been advanced from the position of Instructor in Political Economy to that
of Associate Professor at Syracuse University. Mr. Hawkins was
born June ii, i868, at Mooers, N. Y., and received his early education
at Mooers High School and at Cazenovia Seminary, at Cazenovia, N. Y.
He entered Syracuse University in i89o, taking the degree of A. B.
in x894, A. M. in I896, and LL. B. in I898. He was a student at
the summer school held at the University of Pennsylvania in i894
and he also studied at Columbia from 1898 to 900oo. He held the
position of Instructor in Political Economy at Syracuse University
from i894 to i896, and again in 1900-01.
[303]




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ANNAILS OF THE AMERICAN ACADEMY


University of Utah.-Professor G. Coray has been appointed Professor of Economics and Sociology. A biographical note relating to
Professor Coray was published in the ANNALS for September, I895,1
since which time he has engaged extensively in public lecturing and
has read a paper before the State Historical Society.
Wheaton College, Wheaton, Ill.-Professor Eliot Whipple has
been appointed Professor of History, Civics and Economics. A personal note relating to Professor Whipple appeared in the ANNALS for
September, I894,2 since which time he has published a series of articles on Secret Societies and Civil Government, appearing in the
monthly issues from June to September, 1896, of a periodical entitled
Christian Cynosure, published in Chicago.
University of Wisconsin.-Professor B. H. Meyer, of the University of Wisconsin, has recently been appointed Professor of Institutes
of Commerce at that institution. This change has come about through
some reorganization of the work of the department, and in future
Professor Meyer will specialize in the subjects of Commerce and
Transportation rather than in Sociology and Transportation as in the
past. A biographical notice of Professor Meyer, with some account of
his work, was published in the ANNALS for November, i899.8 Since
that time he has written the following articles and monographs:
"Railway Charters."  Proceedings American Economic Association, December 27-29, I899.
"Railway Charters."  Railroad Gazette, January 5, I9oo.
"The Problem of the Small Town." Modern Culture, June, x9oo.
" Four Synthesists: Cross Sectionsfrom Comte, Lilienfeld, Schae7le
and Spencer." American Journal of Sociology, July, I9oo.
"Fraternal Beneficiary Societies in the United States."  American
Journal of Sociology, March, i90o.
"Fraternal Insurance in the United States."  ANNALS of the
American Academy of Political and Social Science, March, i9or.
"Fraternal Societies and the Saloon." A contribution to a volume
on " Substitutes for the Saloon," by Raymond Calkins.
"Railway Regulation Under Domestic and Foreign Laws." A
Report to the United States Industrial Commission. (In press.)
Professor Paul S. Reinsch, formerly Assistant Professor of Political Science at the University of Wisconsin, has been made Professor
of the same subject. A notice of Professor Reinsch and his work
l Vol. vi, p. 298.
Vol. v, p. 282.
sVol. xvi, p. 353.
[304]




PERSONAL NOTES


II7


appeared in the ANNALS for November, I899,1 since which time his
chief written work has been as follows:
" World Politics at the End of the Nineteenth Century."  New
York: Macmillan, 1900.," China Against the World." The Forum, September, 900oo.
"The Meeting of Orient and Occident."   Modem   Culture, September, I9oo.
" Cultural Factors in the Chinese Crisis."  ANNALS of the American Academy of Political and Social Science, November, 900oo.
" Friedrich Nietzsche."  Modern Culture, November, r9oo.
"The Political Spirit of the Last Half Century."  Conservative
Review, December, 900oo.
"Political Changes of a Century."  The World's Work, December, I9oo.
" The New Industrial Conquest of the World." The World's Work,
February, 90oI.
"French Experience with Representative Government in the West
Indies. " American Historical Review, April, 90oi.
" Governing the Orient on Western Principles." The Forum, June,
1901.
" The Policy of Assimilation." Modern Culture, July, 90oi.
Mr. Allyn Abbott Young has been appointed Assistant in Economics in the University of Wisconsin. He was born September i9,
1876, at Kenton, O., and received his early education at public and
private schools in Sioux Falls, S. D. In i891 he entered Hiram College receiving the degree of Ph. B. in i894. During the next four
years he was engaged in journalism, and in I898 entered the University of Wisconsin. During 899-900oo he was engaged in work in
connection with the United States Census Office in the Division of
Methods and Results. Mr. Young is a member of the American
Economic Association and of the American Academy of Political and
Social Science. He has written:
" The Comparative Accuracy of Different Forms of Quinquennial
Age Groups." Publications of the American Statistical Association,
March, June, x900o.
*" The Enumeration of Children." Publications of the American
Statistical Association, March, 90oi.
Yale University.-Mr. John Pease Norton has been appointed
Assistant in Political Economy in Yale College, and will offer courses
next year on Trade Statistics and on the Statistical Theory of the
l Vol. xiv, p. 354.
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ANNALS OF THE AMERICAN ACADEMY


Evolution of Man. He has specialized along the lines of Mathematical and Statistical Economics and of Sociology.
Mr. Norton was born in Suffield, Conn., July 28, I877, and received
his early education in the West Middle District School of Hartford.
He also studied three years at the Hartford High School, and later at
the Los Angeles High School. He graduated from Yale University in
I899, receiving the B. A. degree and delivering the valedictory address.
He took his Doctor of Philosophy degree at Yale in I9oI, the subject
of his thesis being " Contribution to the Theory of Money and Credit,"
with some statistical investigation of the weekly statements of the
New York Associated Banks covering twenty-two years.
Dr. Norton is a member of the American Economic Association and
of the Political and Social Science Club of Yale.
FIr. Edson Newton Tuckey has been appointed Instructor in Political Science in Sheffield Scientific School of Yale University.
Mr. Tuckey was born at Belle Plain, Minn., February 7, 1870. He
was educated in the public schools of Eden Prairie and Mankato, and
also in the Preparatory and College Departments of Hamline University, in which institution he was matriculated from i886 to I893,
taking his B. A. degree in I893. He was a graduate student in the
University of Minnesota from I895 to 1898, during which time he taught
in the Minneapolis schools. He has received the degree ofM. S. from
the University of Minnesota, and in the years I899 and I9oo spent
fourteen months abroad studying at the London School of Economics
and at the University of Berlin. He has been a graduate student at
Yale University in the academic year 9roo-oI. Mr. Tuckey was
also Principal of the Richfield (Minn.) graded schools from 1893 to
i895, and Principal of the Graceville (Minn.) High School, and
Superintendent of Grades in I898-99. He has specialized in the
study of Public Service Monopolies.
IN ACCORDANCE with our custom we give below a list of the students
in political and social science and allied subjects on whom the degree
of Doctor of Philosophy was conferred at the close of or during the
last academic year.1
Adrian College.-Haughton Kost Fox, A. M. Thesis: The Place
of Irving in American Literature.
1 See ANNALS, vol. i, p. 293, for academic year, i889-90; vol. ii, p. 253 for x89o-91;
vol. iii,:p. 241, for 1891-92; vol. iv, p. 312 and p. 466 for 1892-93; vol. v, p. 282 and p.
419, for 1893-94; vol. vi, p. 300 and p. 482, for 894-95; vol. viii, p. 364, for i895-96;
vol. x p. 256, for 1896-97; vol. xii, p. 262 and p. 41I, for 1898-99; vol. xiv. p. 227, for
I899-900; vol. xvi, p. 283, for I9oo-oI.
[306]




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II9


University of Chicago.-Sophonisba P. Breckenridge, S. B., Ph. M.
Thesis: Legal Tender: A Study in English and American Monetary
History.
Charles Joseph Bushnell, Ph. B. Thesis: The Development of the
Corporation in England in Relation to the Sentiment of Antagonism.
Frank George Franklin, L. B.   Thesis: Naturalization in the
United States, with Especial Reference to its Legislative History
from the Declaration of Independence to the Civil War.
John Morris Gillette, A. M. Thesis: The Culture Agencies of a
Typical MAanufacturing Group, South Chicago.
Norman Dwight Harris, Ph. B. Thesis: The History of Negro
Servitude and the Slavery Agitation in Illinois.
Robert Samuel Padan, A. B. Thesis: Studies in Interest.
John Olaf Sethre, A. M. Thesis: The Political History of Minnesota Prior to herAdmission into the Union.
Edwin Erle Sparks, A. M. Thesis: The Cumberland National
Road as a Union-Making Factor.
Columbia University.-Alfred Lewis Pinneo Dennis, A. B. Thesis:
Eastern Problems at the Close of the Eighteenth Century.
Alexander Clarence Flick, A. B. Thesis: Loyalism in New York
During the American Revolution.
Arthur Cleveland Hall, A. B. Thesis: Civilization and Crime.
Isidor Loeb, A. B.  The Legal Property Relations of Married
Persons.
William August Schaper, B. L. Thesis: Sectionalism and Representation in South Carolina.
Louis Don Scisco, B. S. Thesis: Political Nativism in New York
State.
Allan Herbert Willett, A. B. Thesis: Economic Theory of Risk
and Insurance.
Edwin Campbell Woolley, A. B. Thesis: The Reconstruction
of Georgia.
Columbian University.-William Hamilton, A. M. Thesis: The
Expansion of Russia to the Eastward.
Chohei Shirasu, A. M. Thesis: The Commerce of Japan and Its
Relation to Civilization.
Cornell University.-Nathan Austin Weston, M. L. Thesis: A
History of the Land System of the State of New York, with Especial
Reference to Financial Administration.
Georgia Laura White, Ph. B. Thesis: The Part taken by Women in
the Charily Work in Prussia.
Harvard University.-Don Carlos Barrett. Thesis: The Origin
and Supposed Necessity of the United States Notes.
[307]




120       ANNALS OF THE AMERICAN ACADEMY
Henry Camp Marshall. Thesis: The Currency and the Movement
of Prices in the United States from 186o to 188o.
Jonas Viles. Thesis: The Privy Council of Elizabeth.
Arthur Herbert Wilde. Thesis: The Administration of the Schools
of Gaulfrom the Fourth Century to the Reforms of Charlemagne.
Heidelberg University,-Charles S. Haight, A. M., B. LL. Thesis:
Benedict Arnold-The Man.
Johns Hopkins University.-William      Elejius Martin, A. M.
Thesis: Internal Improvements in Alabama.
University of Uinnesota.-Adolph 0. Eliason, A. M. Thesis:
History of Banking.
Elias Rachie, A. M. Thesis: Taxation of Quasi-Public Corporations in Minnesota.
University of Pennsylvania.-Caroline Colvin, A. B. Thesis:
The Invasion of Bruce; and Its Rlace in Irish History.
John Paul Goode, B. S. Thesis: The Influence of Physiographic
Factors upon the Occupations and the Economic Development of the
United States.
Henry John Harris, A. B. Thesis: The Problem of the Small Industrial Producer in Germany.
Lolabel House, A. M. Thesis: The Twelfth Amendment.
William Ezra Lingelbach, A. B. Thesis: The Organization and
Government of the'Merchant's Adventurers.
Roswell Cheney McCrea, A. M. Thesis: Taxation of Transportation Corporations.
University of Wisconsin.-Louise Phelps Kellogg, B. L. Thesis:
The Colonial Charter: A  Study in English Colonial Administration.
Charles McCarthy, Ph. B. Thesis: The Anti-Masonic Party.
Yale University,-Ernest H. Baldwin, A. M. Thesis: Joseph Galloway-A Biography.
Silas W. Geis, LL. B. Thesis: The Colonial Agent in New England.
Mary C. Hewitt, A. B. Thesis: The Political Philosophy of the
American Revolution.
Jessie M. Law, A. B. Thesis: Cromwell's Major-Generals.
Eugene I. McCormac, B. S. Thesis: White Servitude in Maryland.
John P. Norton, A. B. Thesis: Contribution to the Theory of
Money and Credit, with Some Statistical Investigation of the Weekly
[308]




PERSONAL NOTES


121


Statements of the New York Associated Banks, Covering Twentytwo Years.
Alexander Pratt, Jr., A. B. Thesis: Doctrine of Social Resistance.
Peter Roberts, B. D. Thesis: An Economic Study of the Anthracite Coal Fields of Northeast Pennsylvania.
Clifford J. Thorn, LL. B., A. M. Thesis: Principle versus Precedent.
FOR THE academic year I901-o2, appointments to fellowships and_
post-graduate scholarships have been made in the leading American
colleges, as follows:
Amherst College.-Roswell Dwight Hitchcock Fellowship in
History and Social and Economic Science, Preserved Smith, A. B.
Bryn Mawr College.-Fellowship in History, Lois Anna Fornham, A. M. Scholarship in History, Ruthella B. Mory, A. B. Ph.M.
University of Chicago.-Fellowships, in History, Mayo Fesler,
Elmer Cummings Griffith, Edgar Holmes McNeal and David Yancey
Thomas; in Political Economy, Stephen Butler Leacock, Svant Godfrey Lindholm, Walter Dudley Nash and Robert Samuel Padan; in
Political Science, Burton L. French, Augustus Raymond Hatton and
Francis Mitchell McClenehan; in Sociology, Romanzo Colfax Adams,
Edward Casey Hayes, Victor Lathrop O'Brien, Thomas Jefferson
Riley and Howard Brown Woolston.
Columbia University.-George William    Curtis Fellowship in
History, James W. Garner, B. S.; Schiff Fellowship in History,
Ulrich B. Phillips, A. B.; University Fellowships, in American History, Walter L. Fleming, B. S.; in Economics, Henry R. Mussey, A. B.;
in Finance, Royal Meeker, B. S.; in Histoty, David Y. Thomas,
A. B.; in International Law, Samuel B. Crandall, B. S.; in Socio.
logy, James M. Williams, A. B.
Cornell University.-Fellowships in PoItzical Economy, Judson
George Rosebush, A. B. and Harrison Standish Smalley, A. B.;
President White Fellowship in Political and Social Science, Joseph
Alexander Tillinghast, B. S., A. M.
Harvard University.-Edward Austin Fellozship in History,
Francis Samuel Philbrick, A. M.; Parker Fellowship in History,
George Hubbard Blakeslee, A. M.; Ozias Goodwin Memorial Fellowship in History and Government, James Augustus George, A. B.;
Henry Lee M;emorial Fellowship in Political Economy, Robert
Morris, A. M.; Robert Treat Paine Fellowship in PoliticalEconomy,
Andrew  Light Horst, A. B.; South End House Fellowship in
Social Science, Rosswell Foulk Phelps, A. B.; Toppan Scholarship in
[309]




122    ANNALS OF THE} AMERICAN ACADEMY


Classics and Political Economy, David Taggart Clark, A. M.; James
Savage Scholarship in Ethics and Sociology, William Henry Lough;
Austin Scholarship in History and Government, Everett Kimball,
A. M.; Thayer Scholarship in History, William Stearns Davis, A. B.;
Townsend Scholarship in History, Walter Lichtenstein, A. B.; University Scholarship in History, Waldo Gifford Leland,7A. B.; Austin
Scholarship in Political Economy, Carroll Warren Doten, A. M.;
Ricardo Prize Scholarship in Political Economy, Roland Greene
Usher; University Scholarship in Political Economy, Leon Carroll
Marshall.
Johns Hopkins University.-Fellowships, in History, James Warner Harry, A. B.; in Political Science, Charles Oscar Paullin, S. B.
University of rlissouri.-Fellowship in History and Administration, Minnie Organ, A. M.
University of Nebraska.-Fellowships, in European History,
Carl H. Meier; in Political Economy and Sociology, Harry T. Johnson.
Ohio State University.-Emerson McMillin Fellow in Economics,
Frederick E. Butcher, Ph. B.
University of Pennsylvania.-Harrison Fellowship in American
History, George D. Luetscher, B. L.; Senior Fellowship in American History on the Harrison Foundation, Claude Halstead Van Tyne,
A.B., Ph.D.; Harrison Fellowship in European History, James
Field Willard, B. S.; Harrison Fellowship at Large in European
History, Charles L. Burroughs, A. B.; Harrison Fellowship in Economics, William Backus Guitteau, Ph. B.; Senior Fellowship in Economics on the Harrison Foundation, Roswell Cheney McCrea, A. M.,
Ph. D.; Harrison Fellowship at Large in Sociology, Carl Kelsey,
A. B.; Honorary Fellowship in Sociology, Charles William Augustus
Veditz, Ph. D., LL. B.; Harrison Scholarships in Economics, Lewis
E. Coles, B. S., and Arthur D. Rees, B. S.
State University of Iowa.-Fellowships, in History, Frank H.
Garver, A. B.; in Political Science, Kiyoshi Kawakami; in Sociology,
George L. Cady, A. B., and Milton L. Kephart, A. B.
University of Wisconsin.-University Fellows, in American History, Orpha Euphemia Leavitt, A. B.; in Economics, Selden Fraser
Smyser, Ph.B.; in European History, Laurence Marcellus Larson, A.B.;
in Political Science, Edwin Maxey, Ph. B.; Alumni Fellow in Political Science, Lewis Albert Anderson, B. L.; Honorary Fellow in Political Science, Yasugo Sakagami, M. L.; University Scholarships, ix
American History, Robert Carlton Clark, A. B.; in European His[310]




PZRSONAI. NOTUS                       I23
tory, Florence Beatrice Mott, A. B.; in Economics, Max Otto Lorenz,
A. B., and Thomas Warner Mitchell, A. B.
Yale University.-Eldridge Fellowship in History and Economics,
R. K. Richardson, A. B.; University Fellowships in Hlistory, K.
Asakawa., A. B.; John B. Kelso, A. B. and William S. Robertson
M. L.; Robinson Fellowship in Social Science and Economics, U~. N.
Tuckey, A. B.; University Scholarships in History, G. G. Benjamin, Ph.
B., J. B. Chamberlain A. B. and C. H. Walker, A. B.; in Political
and Sodia? Science, F. R. Fairchild, A. B.; in Social Science, James E.
Cutler, A. B. and T. Takahashi, A. B.; Clark Scholarship in History.,
S. D. Powell, A. B.




BOOK DEPARTMENT.


NOTES.
PROFESSOR FRANK W. BILACKMAR, of the University of Kansas,
has made a contribution to the literature of the Free Soil-Slavery
Contest under title, "Charles Robinson, the First Free-State Governot
of Kansas."  This biographical sketch appears in pamphlet form in
the Twentieth Century Classics Series.'
THU PUBLICATIONS of the Bureau of American Ethnology are the
admiration of ethnologists and sociologists the world over, and students in these fields look forward with interest to the appearance of
each report. In the latest issue2 there are two papers on the Amerind
of the southwest. In the first, Mr. Cosmos Mindeleff tells of the Navajo
houses, rare examples of the most primitive types of domestic architecture. Mr. Mindeleff has the geographic point of view, and it is
gratifying to find him giving specific examples of the way in which a
geographic environment reacts upon the institutions of a people. To
quote him: "As the architecture of a primitive people is influenced
largely by the character of the country in which they live, a brief
description of the Navajo country is deemed necessary. Similarly
the habits of life of a people, what a naturalist would term their life
history, which, in combination with their physical environment practically dictates their arts, is worthy of notice, for, without some knowledge of the conditions under which a people live, it is difficult if not
impossible, to obtain an adequate conception of their art products."
The treatment of his topic shows that his position is well taken.
The second and longer paper is a report on an " Archaeological
Expedition to Arizona in 1895," by Mr. Jesse Walter Fewkes. In this
expedition, which was undertaken to collect material for the National
Museum, Mr. Fewkes obtained over five hundred examples of decorated
mortuary pottery. The paper gives descriptions of ruins in Verde Valley
and in Tusayan. In the latter place the great finds of pottery were
made, and, judging by the magnificent lithographs in color, art in ceramics had made some remarkable strides among the women of ancient
Sikyatki. The controlling element in the decoration was always
symbolism rather than realism.
I Pp. 115. Published by Crane & Company, Topeka.
2Seventeenth Annual Report, Part II, Bureau of American Ethnology, J. W.
Powell, Director. Washington, I898.
[312]




NoT]s


I25


M. B. CARY'S book, "The Connecticut Constitution," I if somewhat tractarian in its tone, sheds a good deal of light upon certain old-fashioned features still adhering to the government of that
state. The constitutional history of Connecticut is rather distinctive.
The people of the state continued to live under the old English
charter for more than forty years after the Declaration of Independence. Finally, in I8i8, chiefly because of some provisions limiting
religious.liberty, a convention met and drew up a constitution which
has survived to this day despite several well-organized attempts to
return it to the crucible and recast it.  It was the Connecticut
Convention of i818 which originated the method of amending state
constitutions by the legislature with a subsequent vote of the people,
and the same body made other historic reforms and modifications in
our constitutional practice.
Now the time has come, it seems, when further change is necessary,
and Mr. Melbert B. Cary, the author of this little study, is a strong
advocate of an immediate revision of the constitution. The chief defect
appears to be in the method of representation, and the system, we are
told, is "without any support in reason, justice or common sense." It is
a fact that there is in it little semblance of equality, and it is actually
true that 15 per cent of the population can elect a majority of the representatives in the legislature. The representation is by towns. In
i818, when the constitution was adopted, these were rural communities while many now are large cities. No town may have more than
two representatives and New Haven, Hartford and Bridgeport, containing more than one-fourth the population of the whole state, may
send only six representatives out of a total of 252 to the lower house
of legislature. A "rotten borough," called Union, polling 96 votes,
has as many members as New Haven, which polls I5,309. There are
several towns, it is said, in which every citizen has "run for the legislature once and they are now on the second lap." In the senate,
which is sometimes spoken of as the popular branch, much inequality
exists also. One county, Tolland, has one senator for every I2,000
people and New Haven city only one for every 62,ooo.
Mr. Cary notes other defects in the present constitution of Connecticut, the chief of which are that the governor and other state
officers must receive a majority instead of a plurality vote; the excessive power of the legislature; unequal taxation, and of course civic
corruption, of which no democratic community seems to-day to
be quite blameless. It is sad to think that "of all the states in the
Union not one is more notorious " in this respect than Connecticut,
iThe Connecticut Constitution, By MELBERT B. CARY. Pp. x40. Price, $1.25. New
Haven: The Tuttle, Morehouse & Taylor Co., 90oo.
[313]




I26


ANNALS OF THE AMERICAN ACADEMY


and it is a sweeping allegation to which many, no doubt, would not
agree. Mr. Cary isa pamphleteer and he uses the words "iniquitous,"
" outrage," "despotism " and the like far too frequently for a scientific treatise. He has forcibly called attention, however, to grave
constitutional irregularities in his state, and the conditions which he
points to might be profitably studied in connection with that period
of English history before the Reform bills were passed.1
THE VOLUME of nine essays, by Controller Coler, of New York
City,2 contains much practical information with reference to administrative problems in our great cities, and numerous suggestions as to
the remedies for present evils. The subjects covered are as follows:
The City Charter, Public Charity, Charity Regulated, Income and
Expenses, Water Supply, Transportation, City Development, The
Church in Politics, Political Machines. The striking characteristic of
the volume is its positive tone. Reforms are shown to be not only
desirable, but practicable. The abuses of charity are cited only to
teach the proper rules of control. The importance and the possibility
of introducing business methods into city bookkeeping are demonstrated. The ability of the city to supply its own water is proved. A
primary election law is proposed. Churches are exhorted to substitute
education for denunciation. " The most indifferent voter may be
made to take a new and commendable interest in public affairs if
taught that he will be directly benefited by good government.".... "The first step is to reach the man; the second to interest
him, and the proof of the method is to hold his interest." The
church should begin at the bottom as do the bosses, and establish
social clubs, which " places should not be cold, cheerless, conventional
lecture halls where superior knowledge is exhibited on a pedestal of
pride and superiority..... v. very man who crosses the threshold should be made to feel that no matter how humble his station
in life, the public welfare is in some measure committed to his keeping."
THE MANIA for discovering precursors of eminent authors, which
continues to be a favorite amusement for the historians of philosophy,
was for a time equally popular among the historians of economic
doctrine. Now, however, there seems to be a widespread conviction
that the discovery of facts and the study of existing conditions is more
1 Contributed by Dr. Ullis P. Oberholtzer, Philadelphia.
2 Municipal Government. By BIRD S. COLER. Pp. 200oo. Price, $i.oo. New York
D. Appleton & Co., 1900.
[314]




NoTEs


127


important than the laborious resuscitation of obsolete doctrinal errors.
There are, nevertheless, periods in the history of economic theory
which constitute so radical a change in the attitude of men towards
their economic environment, that a detailed study of the leaders of
opinion, and the new points of view which they represented seems
perfectly justifiable. Thus, M. J. Desmars' recent volume ' on Graslin,
whom the author maintains is the most important, immediate precursor of Adam Smith, is of considerable interest to the economist.
Certainly M. Desmars' book makes it possible for the student to
familiarize himself much more readily with the work of the French
critic of Baudeau, Turgot, Mirabeau and the other disciples of Quesnay, than if he were obliged to read Graslin in the original. From a
merely literary point of view, Graslin's writings are intensely unattractive, but the emphasis he placed upon the economic factor " labor,"
and his sound advocacy of the inductive.method, entitle him to be
rescued from oblivion.2
IN  "MOOTED QUESTIONS OI HISTORY"s the author discusses
twenty-seven subjects, in regard to which Roman Catholics have been
aspersed, or have not received due credit. He attempts to state the
facts, to give a just estimate, and to quote authorities to prove that
his opinions are correct. The greater portion of the volume is made
up of extracts from the so-called authorities. The book would be of
more value if written in a less partisan spirit, and if the authorities
had been selected with greater discrimination. Carlyle, Maitland,
Stubbs, Comte, Cant/, Mosheim, Schlegel, Voltaire, Lingard, Dr.
Johnson and many others are pressed into service. The result is
interesting.
"THB   CRIMINAL:    HIS PIRSONNEIL AND BNVIRONMENT " is a
scientific study by August Drahms, the Resident Chaplain of the State
Prison at San Quentin, California, of an extremely interesting subject
that has received in the United States better practical treatment
than theoretical discussion.
Mr. Driihms brings to his task a vast amount of practical experience
in this country with apparently a thorough familiarity with the best
I Un Prtcurseur dtA. Smith en France: J. J. L. Graslin (1727-1790.) By J.
DESMARS. Pp. xxii, 257. Paris: I. Larose, 1900.
Contributed by Dr. C. W. A. VEDITZ, Philadelphia.
8 Revised Edition. By HUMPHREY J. DESMOND. Pp. 328. Price, 75 cents.
Boston: Marlier & Co., 1901.
4With an Introduction by Cesare Lombroso, Professor in the University of -Turin,
Italy. Pp, xiv, 402. Price, $2. New York: The Macmillan Company, I9o.
[3I5]




128


ANNALS OF THE AMERICAN ACADEMY


foreign literature on criminology. His work is the first attempt in
English to present systematically and within reasonable compass the
results of the new school of criminologists. He does this critically,
because he is not in entire sympathy with the idea that there are universal criminal types and special criminal types, of which Lombroso and
the Italians generally have made so much of late. The book is just
such a one as many a teacher, who would like to present the subject
in a short course, will want to use.
It is unfortunate to note a few slips in terminology, such as, for
example, the use of the term " socialistic " instead of Sociological,
which the author evidently means. Etymologically the word " socialistic " would be a better word, but unfortunately, in the connection
in which he uses it, it is misleading.
The book as a whole, however, admirably supplements another book
in the same general class: Wines' "Punishment and Reformation"
which treats the problems of criminology chiefly from the institutional
side, while the present work views them in their personal and individual aspects.
IN THIE PRIFACZ to his little book on "Morals Based on Demography," M. Arstne Dumont1 declares that his primary object is " to
indicate a criterion of good and evil."  His ethical science is based on
demography, "which alone has the means of measuring the value of
populations. " The perfection of our statistical and other'demographic
methods will lead to a more perfect knowledge of the social consequences of certain kinds of conduct-such as alcoholism, for example.
In considering the ethical justification or condemnation of any
particular habit, we must first study its ethnography, says M. Dumont;
we must observe how different peoples-savage, barbarous and civilized-conduct themselves in this respect, and as far as possible
discover how they reason with regard to their conduct. Such an
investigation will have two consequences: first, to show the universality or localization of a custom; secondly, to demolish the prejudices
which have been nurtured in us by education and environment.
Then, in the light of results shown by demography, we must establish
what should be done, what are the advantages of one line of conduct
and the evil consequences of the opposite behavior; these advantages
and disadvantages, however, must not be estimated with regard to the
individual, but with reference to the aims of society as a whole. The
1 La Morale Baste sur la DEmographie. By ARSANI DUMONT. (Bibliothoque des
Sciences Sociologiques.) Pp. x, i8i. Price, 3fr. 50o. Paris: Schleicher Fr/res,
1901.
[3i6]




NOTEs


I29


social purpose and chief aim is always the same: to possess the greatest
possible population having the greatest possible value.
A certain line of conduct being recognized as advantageous, it is
next necessary to find means for leading individuals to conform to it.
If its reasonableness is made evident and comprehensible to the minds
of all citizens, they will adopt it of their own accord. Constraint can
only be made necessary by the resistance of individuals, and resistance
can only result from their being insufficiently convinced.
This is, in brief, an outline of M. Dumont's rationalistic ethics. It
need scarely be pointed out that two of his fundamental ideas-that
social good supersedes individual good, and that men need but to
know what is good and they will do it-have long been, and still are,
subject to debate.
"A SAILOR'S LOG-R:COILLTCTIONS OF FORTY YEARS Of NAVAL
I4ET," 1 is written in a simple and interesting style. From the character of the composition, as well as the content, one might conclude
that Rear Admiral Evans had in mind the American boy as a reader.
Incidents are relatedthat suggest the reflections of a hero writing at an
age when the oft-told stories of younger days-the experiences that
thrill and entertain-alone remain written on the figment of memory.
Beside stories of adventure, comment on the political situation and
other men of his generation, may throw some light on events associated with the upbuilding of our modern navy. As to this part of the
work, however, controversy is already begun and it remains for
future research to demonstrate the correctness of the views of the
sailor.
STUDENTS AND FRIENDS of municipal reform      are glad that
"Municipal Improvements " 2 is already in its third edition. Seven
new chapters have been added, among which the author mentions the
following as specially due to the progressing thought of the past
decade: Elevated Traffic vs. Subways, Civil Service Appointments and
Mlnicipal Ownership. The book continues to be a serviceable guide
to the public official whose entrance to positions of responsibility is so
often due to political skill rather than to education in political needs
or administrative methods. The author is essentially practical, and is
most successful when stating uncontrovertible facts of a simple nature.
Whenever he undertakes to present the theoretical aspects of disputed
problems, the result is less satisfactory. The chapter on Municipal
1 Pp. 467. Price, $2.00. New York: D. Appleton & Co., I90o.
2 Municipal Improvements. By W. F. GOODHUE. Pp. 207. Price, I$.75. New
York: John Wiley & Sons, I9oo.
[3I7]




I30


ANNALS OF THE AMERICAN ACADEMY


Ownership, for example, does not indicate intimacy with either later
theoretical discussions or practical applications. Especially commendable are the numerous tables which give the average reasonable
cost of conducting the various departments in towns, as well as in
small and large cities.1
HALSEY'S " OLD NAw YORK FRONTIER,"g is one of the most readable books on local colonial history that has appeared in recent years.
The work is scholarly throughout. As a history it is replete with biographical sketches of leaders in the pioneer movements in the settlement of the Empire State. The author has also woven into his
account many incidents that lend interest. The writing bears evidence
of research for the sake of truth, rather than from sordid motive.
Too often state and local histories bear the stamp of commercial
instinct, or of selfish devotion to ancestry and local pride.
II TUBERCUIOSIS' AS A DISEASE OF THE MASSES AND HOW TO COMBAT IT " is the topic of a prize essay recently awarded the international
prize by the International Congress to Combat Tuberculosis as a Disease
of the Masses, which convened at Berlin, May 24 to 27, I899, and
awarded this prize to Dr. S. A. Knopf, of New York City, through its
committee on July 31, 1900.
This is a most compact, practical and generally helpful treatment
of a problem in sanitation that has yet appeared. It should be in the
hands of every worker in social settlements, charities and municipal
movements. It is a book that can be wisely circulated in the homes
of the masses of the working people. It is so well illustrated and so
free from technical terminology that any one can read it without
difficulty. The sanction which its doctrines have received from the
foremost medical authorities in the world are sufficient guarantee for
its scientific accuracy. It would seem, however, to the layman who is
even partially converted to the practical expedience to counteract
germ diseases, that Dr. Knopf has been overzealous in his advice
concerning precautionary measures. If, however, even a small part
of the sensible and thoroughly practical plans he proposes to combat
the spread of consumption are adopted, there can be no doubt that
his optimistic conclusions in regard to the ultimate eradication of this
deadliest foe of the Anglo-Saxon race may be realized.
1 Contributed by Dr. W. H. Allen.
2 By FRANCIS WHITING HALSEY. Pp. 433. Price, $2.50. New York: Charles
Scribner's Sons, 1901.
8 pp. 86. Price, paper, 25 cents; cloth, 50 cents. Published by M. Firestack, 200
West Ninety-sixth street, New York, 1901.
[3I8]




NOTRES


I3r


MR. KUHNS DEDICATES his book1 to the memory of his ancestors,
George Kuntz and Hans Herr, pioneer settlers of Lancaster County,
Pennsylvania, and his brief preface is dated Bern, Switzerland. He
thus shows the inspiration of his work, first his reverence for his
ancestors, and next his study of modern German historians, in whose
pages he has found many evidences of the hard conditions under
which in colonial times, Germans and Swiss sought refuge in
America. The haven they found here gave them shelter, and helped
them make their homes the birthplace of a generation from which
have sprung many notable characters. Wisely limited to the colonial
period, this book has the merit of being a brief and suggestive summary of the times and of the lives of men that gave to this country
one of the best elements of its varied nationality. For many years
"Pennsylvania Dutch " was a term of reproach, due largely to the
bitter hostility evolved by their persistent loyalty to the Proprietary
party, while Franklin and his adherents were trying to wrest control
from the Penns. For years the Pennsylvania Dutch were charged
with many faults,notably their hostility to education and to political and
social progress, but all this has gradually changed; a large and growing literature is devoted to the praiseworthy part that German settlers
have played in the development of a strong national life. Mr. Kuhns
sketches the historic background, the wars and desolation that drove
the Germans from the Rhine, the Palatinate and Switzerland. Inthe
new world, Pennsylvania gave them a welcome, good homes and fair
treatment. He sketches the hardships of their long and difficult
journey-of their voyage across the ocean, their indomitable industry
and frugality, and their rapid recovery from adversity. The prosperity
of the counties where they settled bears evidence of their intelligence as
farmers, as citizens, as fathers and heads of families and as church
members. They clung to their language, to their religion, to their
customs, with a fervor that found little favor at the hands of those
who ultimately secured and maintained ascendancy here for the closing years of the eighteenth century. Their religious life is treated of
in a chapter replete with useful details of their forms of faith and their
adhesion to the tenets for which their ancestors had made such sacrifices at home.
"In Peace and War " is a chapter showing that from the hundred
thousand Germans settled in this country before the Revolution, have
sprung between four and five millions of the people of the United
1 The German and Swiss Settlements of Colonial Pennsylvania: A Study of the
So-called Pennsylvania Dutch. By OSCAR KUHNS, member of the Pennsylvania
Society of the Sons of the Revolution, of the Pennsylvania-German Society and
of the Lancaster. County Historical Society. Pp. 268. Price. $I.5o. New Yorkl
Henry Holt & Co., x90o.
[3I9]




I32    ANNALS OF THE AMERICAN ACADEMY


States to-day, and at least two millions of the inhabitants of Pennsylvania. Their numerical representation in the patriot army and in the
conventions and congresses and other bodies that guided the Revolution to a successful issue, was in even greater proportion. An interesting appendix analyzes the German patronymics; an exhaustive
bibliography and a good index enhance the value of the work.1
MRS. EIiZABBrtH WORM1LZY LATIMBt does not pretend to study
history seriously, and insists that her books should not be judged
from too scientific a standpoint. This disarms criticism and leaves the
reviewer little else to do than to comment in friendly fashion upon
her collections of historical notes and anecdotes, and her naive, gossippy confessions regarding her historical methods and their many.shortcomings.
Her last book on the closing years of the nineteenth century, 2 is a
veritable pot-pourri of all sorts and kinds of information gathered
from many sources, all of it interesting and most of it reliable. The
point of view is strongly British, though at no time violently partisan,
the tone is always optimistic, and the attitude one of appreciative
sympathy for those of her characters in whom she has faith. A
genial thread of satisfaction with her former books runs through the
work and to them she frequently refers. There are, too, occasional,threads of reminiscence and personal comment, so much of the latter,
indeed, that a respectable account of Mrs. Latimer's life and family
connections might be written from the information furnished in
casual references and foot-notes.
The volume will doubtless have a wide sale among those who
never take history any more seriously than does Mrs. Latimer. But
such readers will obtain from this as from the other of Mrs. Latimer's
books little idea of the great problems of the nineteenth century or
the trend of present-day events. There is neither proportion nor
perspective in her treatment, no sense of the relative importance of
events, or of the reliability of her sources of information. Unity,.continuity and movement are all lacking and events are selected
for narration largely because they are interesting, while frequently
facts are omitted or rapidly passed over because Mrs. Latimer does
-not understand their bearing and is incapable of explaining them.
The most flagrant instance of this is to be seen in her remarks in the
preface regarding Germany. To a query as to why she had not
included a " Germany in the Nineteenth Century " in her series she
iContributed by J. G. Rosengarten, Esq., Philadelphia.
2The IJast Years of the Nineteenth Century. By ELIZABETH WORMELEY LATIaMER. Pp. 545. Price, $2.50. Chicago: A. C. McClurg & Co., i900.
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replies that she would have done so but that she had used up all her
material in writing of France and Italy; that she was unwilling to
say anything about the Emperor William II. because she did not
understand him; and that inasmuch as the history of Germany since
I888 has been made up of nothing but factional struggles in the
Reichstag and Reichsrath (sic, Bundesrath?) and of the activities and
plans of the emperor she has omitted all mention of Germany in the
present volume. Shades of German patriotism! a history of Europe
in the nineteenth century with Germany practically omitted, when to
the average German that same history for the last thirty years is the
story of Germany with the rest of the world left out. But strangest
of all is the fact that throughout this volume scarcely a word is said
of the great commercial and industrial transformations taking place
in the countries of the continent or of the mighty world conflict
taking place among the powers. Mrs. Latimer should not even with
apologies call her books History.1
" FRNCH LIE: IN TOWN AND COUNTRY "2 begins a series of
special studies of the social and domestic relations of " Our European
Neighbors." Much attention is given to details of home life and
social intercourse among aristocratic and bourgeois circles. The author
emphasizes two dominant characteristics, frugality and courtesy, and
two dominating ambitions, to owe no man anything and to provide
for a rainy day.'
VOLUMES THREE AND FOUR of McCarthy's "The Four Georges and
William," 4 completes the series of writings covering a period of English history from Queen Anne down to Edward VII. The first publication in this series was " The History of Our Own Times." This was
followed by McCarthy's " Gladstone." Volumes one and two, under
the title of " The Four Georges," appeared some time since. In this
latest series Justin Huntley McCarthy is associated with his father.
The literary finish of these writings, the introduction of court gossip,
of anecdote and interesting personality, all combine to make history
entertaining. McCarthy combines with his broad understanding of
political and social movements a sense of humor and an appreciation of
romance seldom found in a writer. History is popularized, but at the
same time it is made virile by the strength portrayed in all its parts.
The writer has a distinct bias on matters of religious controversy
1 Contributed by Prof. C. M. Andrews, Bryn Mawr College.
2By HANNAH LYNCH. Pp. viii, 3II. Price, I1.20. New York: G. P. Putnam's
Sons, 1901.
s Contributed by Anna F. Brush, Chestnut Hill, Pa.
4 Pp. 349, 338. Price, $I.25 a volume. New York: Harper & Brothers, 190go
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and imperial relations pertaining to Ireland. He is keenly sensible
to the hardships suffered by his countrymen without properly appreciating the political necessities involved in the larger purposes of the
nation. On the other hand, he is the more frank, and the better able
to see the true character of many of the men and measures discussed,
by reason of the absence of a blind patriotism which would avoid
comment on relations harmful to imperial interests.
MONTGOMERY'S "LIEADING FACTS OF ENGLISH HISTORY "' is so well
known to both students and teachers that further comment on the
content and merit of the work is unnecessary. The new edition
brings the subject down to the death of Queen Victoria.
A NEW EDITION of "The Catholic Pioneers of America," by John
O'Kane Murray, M. A.,2 has appeared. The author has written from
the Roman Catholic standpoint, and besides the dramatic interest of the
adventures which it relates, his book rescues from obscurity or oblivion
the noble deeds of many a hero who received from historians but a scant
tribute of praise. Among many almost forgotten men we may mention
Adam Daulac, who checked the advance of the fierce Iroquois and saved
Montreal from an attack which would probably have been fatal to all
the colonists of Canada. With but sixteen young Frenchmen and a
few friendly natives (these dwindled to only four Algonquins towards
the end of the struggle), he kept at bay twelve hundred Iroquois,
and, when at last he and his companions had succumbed, it was found
that they had killed one-third of their dusky assailants. This terrible
loss of life deterred the Iroquois from continuing their advance, and
gave Canada a breathing spell.
We wish the author, while praising with due enthusiasm the selfsacrifice of Daulac and the heroic valor of his pioneers, had been
more severe in scoring the excesses of some of the conquerors of South
America-Francis Pizarro, for instance. The reappearance of this
work will probably revive old controversies and raise new ones; but
when the testimony shall have been carefully sifted, the history of this
heroic but blood-stained period will be more complete and more thoroughly understood.'
IN HIS " Administration d'une Grande Ville " (Londres),4 M. Joseph
Neve, Advocate of the Court of Appeals of Ghent, has given us a
1 Pp. 420, 79. Price, SI.25. Boston: Ginn & Co., I9oI.
s pp. xiv, 434. Price, $S.oo. Philadelphia: H. L. Kilner & Co.
8 Contributed by Rev. R. I. Holaind.
4L'Administration d'une Grande Ville (Londres). By JOSEPH E. NIVB. Pp. 278.
Gand, Soci6t6 Anonyme, i9ox. (Acole des Sciences Politiques et Sociales de Louvain.)
[322]




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very readable account of London's present city government. The
standpoint of the author throughout is that of the continental administrative official, a fact which gives the brochure its chief interest to
English and American readers. But he is far from being incapable of
understanding the genius of English local political institutions as his
frequent references to recent political movements in London abundantly show. The treatment of the private water and gas companies
of London co-ordinately with the various branches of the local
government, reveals the continental point of view of the writer, though
few of his readers in England and America would regard its inclusion
as unessential to the study. A chapter on the London Government
Act of i899 brings the work thoroughly up to date. The outline map,
showing the principal administrative districts of London, and a brief
bibliography, containing the usual number of errors made by compositors in dealing with foreign titles, add considerably to the value
of M. Nave's study.'
OPINIONS MAY differ as to what constituted the chief departments
of human activity in the nineteenth century, but there can be no
doubt that a list which omits organized religious effort and the
relations between church and state has failed to take into account
a phase of human activity that had something more than a negative influence. In "The Nineteenth Century, a Review of Progress," I a series of essays originally printed in the New York Evening
Post, the most striking feature is the omissions. No one can
find legitimate fault with the essays that are produced; all-are good,
some are admirable, notably those of Professors Munro Smith,
on Germany; Heilprin, on geographical exploration; Hadley, on
railroad economy; Carter, on higher education, and the various
scientists on their respective subjects. But a work that pretends to
cover nineteenth century progress and says nothing of the progress
of organized religion, of law, except international law, of jurisprudence, of constitutional systems, except that of the United States; that
includes under Sociology essays on explorations, the gold standard,
steel manufacture, libraries, life insurance, woman's rights, and says
nothing of social progress, the relation of classes, of capital and labor, of
industrialism versus agrarianism, or of individualism versus state socialism; that under History deals only with England, Germany, Russia,
1 Contributed by Robert C. Brooks, Cornell University.
2 The Nineteenth Century, A Review of Progress during the Past One Hundred
Years in the Chief Departments of Human Activity. Pp. 494. New York; G. P.
Putnam's Sons, 1901.
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Canada, Mexico, China and Japan; that has an essay on Russian expansion and none on British, an essay on British internal history, but
none on Russian, that omits entirely Australasia and in general leaves
out any adequate review of political, social, constitutional and commercial progress, can hardly be said to justify its title. What has been
done is well done; but the editorial plan has either failed of execution or was faulty in its conception, while the editorial selection and
distribution is slipshod.  Why should "steel manufacture" and
"gold standard" be classed as Sociological, or "printing" as Applied Science? It would have been better had the group divisions been omitted entirely, and the essays printed without classification under some such modified title as " A Few Aspects of Nineteenth
Century Progress."
THERER HAS RECENTLY been a tendency among the diverse factions
of French socialists to unite upon some common doctrinal basis and
make a more systematic effort to secure the political influence to which
their total numerical strength would entitle them. Though they are
apparently willing to overlook differences in doctrine, it would seem
that the problem of party tactics and, to a still greater degree, the
circumstance of personal likes and dislikes, keeps them apart and
makes a preconcerted uniformity of conduct impossible.
The first national congress, held in December, 1899, was the beginning of the realization of a scheme for united action-a modest, feeble
beginning, it is true, but, nevertheless, a beginning sufficient to
encourage the hope of some day approaching the discipline and
solidarity of the German Socialist party. This hope, however, has
been shattered by the second French Congress of Socialist Organizations, held in September, I9oo. The official stenographic report' of
its meetings is filled with purposeless discussions of side-issues and
with personal abuse varying in intensity from the employment of
such epithets as " coward " and "assassin " to actual blows.
Of all the congresses held during the Paris Exposition, and there
were many,-this one, the avowed purpose of which was to establish
solidarity and harmony, stands pre-eminent for tumultuousness and
discord. To restore order and permit the warmth of debate to subside
it was necessary on one occasion to suspend the meeting for twenty
minutes. It is only fair to add, however, that a committee was
appointed to prepare " a project for the complete unification of the
party."
1 Contributed by Professor C. M. Andrews, Bryn Mawr College.
2 Deuxizme Congrmsgl fnral des Organisations socialistesfranfaises tenu a Paris du
28 au Jo Septembre, 90oo. Compte rendu st6nographique officiel. Pp. ix, 389. Price,
3 fr. Paris: Librarie Georges Bellais, I900.
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The International Socialist Congress, at which twenty-two nations
were represented and which immediately preceded the French congress, offered a strong contrast to the latter, inasmuch as its proceedings, according to the official report1 were expeditious, business-like
and peaceful. Ever since the exclusion of the anarchists from these
congresses, the elements of discord which formerly characterized them
have disappeared. One of the most important resolutions passed was
that providing for the organization and support of an international
socialistic labor bureau, to keep the socialist parties of the various
nations in constant touch with one another, to publish reports on labor
questions of international importance, and to perform the preliminary
work incident upon each international congress of socialists. Brussels
was chosen as its location. The bureau has also been authorized to
collect books, documents and reports bearing on labor problems.
Resolutions were passed in favor of international legislation providing for an eight hours' day and a minimum wage; in favor of
the socialization of the means of production; in condemnation of
standing armies and colonial expansion; in favor of the organization
of maritime laborers; advocating universal suffrage and direct popular
legislation; in favor of municipal socialism; recognizing that trusts
are the inevitable consequence of the present productive system.'
IT IS SILDOM that a book, covering such a wide range of subjects of
popular and scientific interest as does "The Progress of the
Century,"s is ably written and edited. Such works are usually published by subscription companies, are catchy, spectacular and misleading. Harper and Brothers have recognized the demand for a
first-rate resume of the progress made in the last hundred years.
They have selected many eminent writers in their respective fields
to do the work. Names like Alfred Russel Wallace, William Ramsay,
William Mathew Flinders-Petre, Sir Joseph Norman Lockyer, Thomas
Convin Mendenhall, Captain Alfred T. Mahan, and Cardinal James
Gibbons give authority and unusual interest.
Nearly every department of science and material progress is
included. The style is simple and direct, such as will appeal to the
general reader. The work will do much to popularize science, and
drive out of the market the trash that is being circulated by irresponsible and unreliable publishing and distributing agencies.
1 Cinquirme Congrhs Socialiste International tenu a Paris du 23 au 27 Septembre,
90oo. Compte rendu analytique officiel. Pp. 12I. Price ifr. 25. Paris, Librairie
Georges Bellais, 1901.
2 Contributed by Dr. C. W. A. Veditz, Philadelphia.
Pp. 583. Price, $2.50. New York: Harper and Brothers, I9oI.
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ANNALS OF THE AMERICAN ACADEMY


MRS. ST. JULIEN RAVENEL, in her " Life and Times of William
Lowndes, of South Carolina, I782-I822,"i has made a distinct
contribution to American biography. Lowndes took a prominent part
in the affairs of both nation and state. In portraying the life of the
-man she has given a lively historic setting. The relations of North
and South as well as the international controversies of the time are
woven into the work in an interesting manner.
THB "LIBRARY OP SOCIAL AND POLITICAL SCIENCES" published at Milan has recently been increased by a suggestive volume2
on state socialism from the point of view of legal philosophy. The
author traces the evolution of modern socialism and individualism,
with special reference to the problems of ethics and of legal organization which these theories involve; he points out that the economic
doctrines of modern socialism are in the main the logical outcome
and development, the continuation, as it were, of classical political
^economy. There is a strange parallelism between Ricardo and Karl
Marx, between Quesnay and Henry George, between J. B. Say and
Saint-Simon.
Various theories concerning the complex problem of the primary,
fundamental factors of social evolution, are discussed in the first part
of the book, which also characterizes the attitude of the "organic,"
biological school of sociologists towards the increased sphere of state
activities in the interest of social peace and the prevention of class
-conflicts. There is also an examination of the economic interpretation of history as proposed by Marx, Loria and others. The second
part is devoted to a consideration of the points of difference between
"utopian" and "scientific" socialism; utopian socialism preaches:an ideal, a state of affairs which is ethically desirable and which we
should consequently strive for; while scientific socialism is positive
and propounds a law of economic and juridic evolution, not a scheme
of social reform. Part III contains a detailed account of the tendencies in the history of social philosophy which have contributed to the
development of the idea of state socialism (Holbach, Hegel, Leroux,
Blanc, Dupont-White, Sismondi), particularly the doctrines of the
German historical school of law (Savigny, Ahrens, Gans, Lassalle).
The author concludes with a sketch of various criticisms of the
social activity of the state and of the theory of state intervention,
beginning with the views of Kant and the eighteenth century phi1 Pp. 249. Price, $I.50. Boston: Houghton, Mifflin & Co., 1901.
2 7 Socialismo di Stato dal punto di vista della filosofia giuridica. By F. EMPEDOCLE RESTIVO. Pp. xiv, 410. Price, 3 lire. Milano-Palermo: Remo Sandron,
1900o.
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NOT-S


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losophers, and terminating with Spencer and Nietzsche. The book as
a whole is historical, comparative and critical, rather than positive
or doctrinal.
M. DM  ROUSIZRS, in his " La Vie Americaine, l'Education et la
Societe,"1 reaches the following conclusion: "The world seems to be
divided to-day into two very distinct groups, one placing its hope on
individual effort, uniting its forces only when necessity demands,
following forms of union varying with the needs of the moment,
staking everything on private initiative, and dreading restraint; the
other, on the contrary, placing its confidence in collective effort, in
administrative groups, permanent, difficult of transformation, depending on regimentation, and fearing above all things the initiative of
the individual will."  He then proceeds to ask the question, "'To
which of these two groups will the future belong?" He answers it as
readily, " The future belongs to the race in which man, freed from all
useless fetters, and trained by individual effort attains the maximum
of intensity in that effort. This will be true, not only in the material
world, but also in the moral."
The author is a shrewd observer, has traveled widely in America and
has an insight into our social conditions which is rare for a foreigner.
He notices,at the outset the great freedom our education and home
life give to our boys and girls, encouraging individual initiative from
the start. He sees the strenuous life in every phase of our daily
routine, and calls attention to the fact that we even go on our last
voyage to the cemetery "au trot."
He sees clearly that the wealthy and "progressive Yankees form
a natural aristocracy which plays an effective r6le in the social constitution of the American democracy. Thanks to them the United States
continues in its progressive march in spite of the politicians."
Seeing as he does our political corruption, he is no pessimist, for he
sees at the same time that American society is better than its politics,
and that when this natural aristocracy shall transfer a share of its
attention from business to politics abuses will begin to disappear.
The widespread undercurrent of religious feeling is apparent to
him, which even respects the street corner performances of the Salvation Army, yet he is struck with an equally extended indifference to
religion, for he says: "Nine times out of ten an American, speaking
of religious questions, says with simplicity, ' I belong to no church.' "
He sees in the Protestant churches all the elements of efficient social
dubs, but is inspired with no religious feeling in their perfectly
appointed buildings.
1 By PAUL DE ROUSIEaS, pp. 336. Paris: Firmin-Didot et Cie.
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ANNAIS OF THE AMERICAN ACADEMY


The author finds quite a number of economic disorders, such as the
instability of employment, indifference of patrons to workmen, abuse
of speculation, the presence of trusts, the fact that divorce is carried
to a form of " legal prostitution," the government too largely in the
hands of unscrupulous politicians and justice badly administered,yet he judges a society not by its evils, but by the force of the resistance opposed to the evils. And in this force of resistance he finds
an equally large list of virtues: a great aptitude to surmount crises,
discouragement practically unknown. " To be and remain American
one must consider life a struggle and not a pleasure."  "That which
makes the American a success, that which constitutes his type-is his.
moral courage and personal energy-an active, creative energy. "
" In social development the progress of the United States is an example and a lesson. The Americans are not behind the Europeans;
it is not they who should come to us, but we who should go to them."
"There is a newness in the methods of labor, in commercial relations,
in the system of education, in government, and in international relations."  All this makes pleasant reading. The book is to be recommended as an antidote for pessimism.l
ANOTHER WORK IS added to the fast-growing historical literature
of Texas. "The Evolution of a State, or Recollections of Old Texas
Days '"2 records the personal reminiscences of Mr. Noah Smithwick.
The story begins while Texas was under Mexican rule, I827, and
ends in I86i, when the author moved to California. Its value is found
in its vivid narrative and description of pioneer life.
A THOROUGH AND AUTHORITATIVE survey         of social administration in Austria, at the end of the nineteenth century, has been published in two large volumes by the Austrian Ministry of the Interior
for the recent Paris Exposition. The first of these volumes, bearing
the sub-title " Social Economy," treats of the public insurance of
laborers against accidents and sickness, labor contracts, industrial
statistics, co-operative labor associations, the condition of laborers in
the employ of the state, the status of agricultural laborers, agricultural credit, savings banks, and the housing of laborers. The second
1 Contributed by Dr. J. Paul Goode, Illinois State Normal School.
2 Pp. 34o. Price, $1.50. Published by the Gammel Book Co., Austin, Tex.
8 Sociale Verwaltung in Oesterreich am Ende des i9. Jakrkunderts. Aus Anlass der
Weltausstellung Paris. 900oo herausgegeben. Band I. Sociaidkonomie. Pp. ix, 725
(not numbered consecutively). Price, 24 m. Band II. Hygiene und iffentliches
Hilfswesen. Pp. x, 455 (not numbered consecutively). Price, i6 m. Wien and
Leipzig (Deuticke), 9oo.
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volume, entitled " Hygiene and Public Assistance," treats in the
main of sanitary problems, the laws regulating the practice of medicine, special institutions for convalescents, the blind, the insane, the
deaf and dumb, etc., the care of the poor, pawn-shops, alcoholism,
epidemics, mortality statistics, Austrian systems of public water supply,
and regulations concerning food adulteration.
Many of these sections are contributed by well-known authorities in
each field, such as Dr. Victor Mataja, Professor Philippovich and Dr.
Schullern-Schrattenhofen. The names of such men as these are a
guarantee of the high standard of the work as a whole, which it is
of course impossible to analyze in a short notice. It may be stated,
however, that every section is brought up to date and treated with
a thoroughness, compactness and wealth of statistical material which
should make these volumes invaluable to the student of economic
and social conditions in Austria. The experiences of Austria in
such matters as the organization of bureaus of labor statistics, the
regulation of credit operations among farmers, the improvement of
laborers' homes in cities, and the combat against alcoholism, form
valuable object-lessons for other countries.
HENRY OSBORN TAYLOR, the author of "Ancient Ideals," has continued his task in a volume entitled " The Classical Heritage of the
Middle Ages."1 He attempts to show how classical methods of
thought and presentation changed and developed into the mediaeval.
He is mainly concerned with the period extending from the fourth
to the seventh centuries. This work is a logical continuation of
"Ancient Ideals" and is marked by the same excellencies. It is
impossible to indicate its many merits in a brief notice. The value
of the book would be enhanced by a recapitulation summarizing
what the mediaeval world retained of the classical elements and how
it transformed them. A full and excellent bibliographical appendix
will enable students to follow out any subject in which the book has
stimulated interest, as it is certain to do along many lines.
ONu OF THE essential arguments in Karl Marx's system of " scientific" socialism is the declaration that wealth is everywhere and
constantly being concentrated in the hands of a few-that while the
mass of capital is increasing, the number of its possessors is decreasing.
The growth of colossal enterprises, factories, trusts, large stores, is
evident even to the most superficial observer of economic evolution.
Marx, however, maintained that the same law of concentration is as
1 Pp. xv, 400. Price, $1.75, net. New York: The Columbia University Press, The
Macmillan Company, Agents, 1901.
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142    ANNALS OF THE AMERICAN ACADEMY


valid in agriculture as in industry and commerce; and it is especially
upon this point that many economists have joined issue with him.
Indeed, this feature of the socialistic doctrine has not only caused
much theoretical discussion, but it has likewise been a serious impediment in the way of socialist propaganda in countries like France,
where small land holdings are prevalent, and the abolition of private
property in land is no welcome creed.
M. Emile Vandervelde has in his latest book undertaken the study
of this question so far as Belgium is concerned. He is a socialist of
the school of Marx and is consequently disposed to admit the validity
of arguments, in favor of the socialistic claim, which an unprejudiced
investigator will accept only with a grain of salt. His conclusions,
moreover, though they may be perfectly true for this country, cannot
be generalized as a universal economic law.
In a series of monographs forming the first part of his book, and
devoted to the various provinces of Belgium, M. Vandervelde investigates the origin of large estates, and the traces of feudal and ecclesiastical ownership. In the last part of his book, he gives a decided
affirmative answer to the question: Is property in land concentrating
with the rapidity which certain (mostly socialistic) authors claim?
But it should be objected that the simple increase, during the past fifty
years, of the number of those who possess no land, is by no means a
convincing argument for the thesis that the average size of estates has
increased. Happily for M. Vandervelde's reputation as a scientist,
his other arguments are better than this. His book will no doubt be
read with great interest by students anxious to test the validity of
economic theories by comparison with the facts of economic evolution
observed in Belgium.2
JUDGE WAITr has recently published a fifth edition of his wellknown " History of the Christian Religion to the Year Two Hundred." 3 In its main outlines it is unchanged from the preceding
edition, but it contains about one hundred more pages. The chief
additions are discussions in the appendix as to whether Jesus was an
Essene, and as to the origin of the inquisition. The former the author
answers affirmatively; the latter he derives from the teachings of Paul
as interpreted and amplified by Saint Jerome and Saint Augustine.
The work has not been revised in the light of our present knowl1 La Proprieth fonciere en Belgique. By EMILE VANDERVELDE. PP. 327. Price,
xo fr. Bibliotheque internationale des Sciences Sociologiques. Paris: Schleicher
Preres, I9oo.
2 Contributed by C. W. A. Veditz, Ph. D., LL. B., Philadelphia.
s By C. B. WAITE, A. M. Pp. xxvi, 556. Price, $2.25. Chicago: C. V. Waite &
Co., 1900.
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143


edge; e. g., Judge Waite is apparently ignorant of the discovery of
the "Gospel according to Peter," which he discusses as a lost document. In many places he betrays the fact that he has not kept up
with the progress of the last decade. But many will welcome a new
edition of a work which aroused so much interest, found so many
admirers and excited such keen animosity.1
REVIEWS.
La Genesis del Crimen en Mexico. Estudio de Psiquiatria Social.
By JuLio GUERRBRO. Mexico and Paris (Bouret), 90oi.
There is so great a dearth of literature bearing upon social condi —
tions in the Valley of Mexico that we are inclined to consider any
book upon the subject as a valuable contribution, and, as in the case
of gift-horses, to refrain from being critical. The present book,
however, despite certain faults of structure, and a certain laxity of
statement, is an acute and masterly analysis of certain phases of social
conditions in Mexico, and for that reason does not require any special
leniency of judgment.
The chief factor in moulding the character of the inhabitants of the,
City and Valley of Mexico is stated to be the high altitude. The very
great elevation of this plateau, combined with its tropical situation,
causes an extreme rarification of the atmosphere and a great diminution
in the amount of oxygen contained in a given volume of air. This.
has led to an organic laziness upon the part of the inhabitants, to a.
confirmed quietism and a consequent distaste and contempt for work.
To the same cause Guerrero assigns the lack of civic valor, the political
quiescence in the face of governmental or private oppression. The
enervating effect of an extremely rarefied atmosphere is aggravated
rather than assuaged by an excessive use of stimulants, notably of
alcohol, coffee and tobacco, and in the dry season, the nervous tension
becomes so great that no action is felt to be extravagant or extraordinary. In the dry season the nervous excitability of the inhabitants of
the plateau is at its height, and for these months the statistics of
crimes, especially those against persons, to which Mexicans are
peculiarly liable, are considerably greater than during the rainy
season of the year. To this nervous tension under which people on
the plateau live, and which all physicians attest, Guerrero attributes
in great measure the prevalent tendency toward hysteria, especially
on the part of the women, and the strain of melancholy, which is,
reflected in all the poetry, music and art of the Mexicans.
In the second part of his book Guerrero deals largely with the
effect of the nature of the territory upon the development of civiliza1 Contributed by Professor Dana C. Munro, University of Pennsylvania.
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tion on the plateau, and it may be said that from this point on, he
almost entirely loses sight of his subject and incontinently wanders
into frequent digressions, which though interesting, are not justified
by the title of the book. In the part dealing with the territory of the
Republic, the author shows how the policy of the Spanish Government to turn Mexico into a series of mining camps led to the concentration of the people and of the wealth and intellect of the country
into a few widely separated cities, between which there was none but
the worst conceivable means of communication. This isolation led to a
comparative barbarism in the smaller cities, and above all as regards the
rural populations furthest removed from the capital, to a low civilization, to an anarchical and irresponsible local government and to abuses
of all sorts, while in republican times it induced revolution and disintegration, as was seen in the case of Texas. In the cities where population grew largely from natural increase, and from a fear of the
insecure conditions prevailing in the country, the supply of labor
became greater than the demand, wages fell, alimentation became
poor, the standard of life was not raised, the population became
degenerate, and the number of crimes rapidly increased. In a series
of brilliant chapters Guerrero describes the classes of the city population, from which the criminals are largely recruited, comparing
them with the other and non-criminal elements of the population.
Another interesting portion of the book deals with the clash between
the Roman Catholic Church and the spirit of skepticism, and the
effect of this conflict upon the morals of the population.
The book is valuable as a series of brilliant but semi-independent
essays rather than as a unified discussion of a single subject. The
author possesses an admirable style, has great insight, and as a rule,
good judgment, but the book suffers from being structureless and
invertebrate.
WAITTER E. WTYL..
Phzladelphia.
Government or Human Evolution, Individualism and Collectivism.
By EDMOND KILLY, M. A., F. G. S. Pp. xv, 6o8. Price, $2.50.
New York: Longmans, Green & Co., 90oI.
The second volume of Mr. Kelly's work consistently follows out the
methods and purposes of the first. The word "Government" in the
title is not descriptive of the contents of the book, if the ordinary
acceptation of that word be understood. However, it approaches
nearer to a description of the contents of this volume than of the first,
when allowance is made for the peculiar sense in which the word is
used. Government covers " the whole field of human interference
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GOVERNMENT OR HUMAN EVOLUTION.


I45


with nature " (p. 8). It is necessary to recall that Mr. Kelly devoted
a large part of his first volume to the thesis that Nature is cruel and
generally stands in the way of man's progress, while the mind of man
is not a part of nature and is engaged in incessant conflict with it (Cf.
Vol. II, Bk. I, Ch. 2, Sec. 4). Government is thus taken to include
the whole field of man's conflict with nature, whether in the thought
of the isolated individual or in the family or in voluntary associations
or in what are termed "governments" in ordinary language. The
idea of compulsion is usually associated with government; nor does
Mr. Kelly hesitate to recommend compulsory measures. But he
nowhere attempts to draw a line between self-control and compulsion,
nor does he even make any technical use of the technical definition
he has assumed for the purpose of giving a definite title to his book.
On the contrary, the method and style are essentially popular, and,
with the exception of the peculiar definitions of "natural" and
"just," words are used in their popular sense.
The second volume is intended to show that the course of history
so far has resulted in little progress, that all of the apparent advances
have been lost again, and that such will continue to be the fate of
mankind so long as it acts in accordance with nature (pp. 69, 70, 92,
93, 151). The latter and by far the larger part of the volume is
devoted to an indication of what the author considers to be the
proper social and economic arrangements whereby man may triumph
over nature and attain to justice. In a general way it must be said
that a better plan than the author's may be read into his book, and
that the mere appearance of a book dealing with the domination of
mind over matter shows tendencies in the right direction. Those
tendencies, however, are very different from what the author imagines
them to be. He pictures to himself a static society. Like other
socialists he has made little advance upon Sir Thomas More. What
these volumes really prove, if they prove anything, is that progress
lies rather in a more psychic direction, and that it is motion that we
need rather than a fixed condition. But this is far from the author's
thesis.
The way in which he has involved himself by his peculiar terminology of " natural" and "just" is highly interesting. Everything
turns on the distinction between the natural and the non-natural or
the mental, and with the exposition of this distinction the author
feels that his work is finished. It is not necessary to show that there
is any law of the action of the human mind. It is merely sufficient
to show that the mind is capable of acting and of controlling. If once
we grasp firmly this power of the mind, we shall cease to be selfish,
and there is no necessity for any analysis of how the mind works.
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The utmost approach to an analysis of this mental or human " evolution," which forms the sub-title of the volume, is found in the statement that the non-natural force is "strange " and "inexplicable"
(p. 80o), and that it consists of elementary selfishness, found in certain
natural automata, like the tiger, and of elementary unselfishness,
found in certain other natural automata, like ants and bees, and that
these two forces, under guidance of a higher mind or inner consciousness known to students of hypnotism, are tending with progress
toward a medium type or equilibrium (p. I9o). No explanation or
analysis of this second and controlling mind is offered.
The first division of the volume is largely taken up with a " history
of individualism." By this is meant a succession of extremely racy
and well-written essays on the course of history, with a special
view to the influence of the Mohammedan and Christian religions.
This is by far the most readable part of the book and presents a keen
criticism from the author's point of view. Mr. Kelly is apparently a
gentleman whose personal associations would hardly lead him to
revolutionary propositions. There is nothing, however, in his habit
of thought to save him from the extreme conclusions of socialists.
We must ascribe the moderation which usually tempers the logical
severity of his conclusions to early associations that have taught him
that after all we live in a competitive world. He makes some very
sane and temperate statements and gives some excellent partial
analyses, e. g., " For when ferocity discovered that its rights in the
product of labor were respected, it tended by disuse to disappear; and
when the servile automaton recognized that the more it labored, the
more it enjoyed, there grew up in it a nascent selfishness which was
to substitute for the unconscious altruism of the ant, the latter-day
individualism of the working man. The struggle for life went on
very much as before, but instead of tending toward opposite results
in different races-toward ferocity in the carnivore and toward servility in the ant-it operated in the same species to diminish ferocity
on the one hand and servility on the other; and to develop the social
mind which conceives of society not as an end in itself to which the
individual should be sacrificed, but as a means toward the development of the individual into a man and master of his fate " (p. 95).
Starting with the other members of the City Club of New York as a
believer in laissez faire, the author was caused to right about face by
contact with laboring men in the Good Government Clubs. The peculiarities of the socialistic mind are evident thus in action and in thought.
The broad characteristics of socialistic thought are statics and idealism.
Static thought naturally adopts the method of contrasts and ignores
the method of continuities. The static process was at once in evidence
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GOVERNMENT OR HUMAN EVOLUTION


I47


in the first volume. It is no less manifest in this volume. The keen
criticism of past history does not relieve this volume from this imperfection. Dynamic thought is not destructive, it is essentially constructive; it explains a process of progress, it never describes an
elysium. Static thought, on the contrary, jumps from a criticism of
the past and of the supposedly static but really ever vanishing present,
to a visualization of the opposite of the social facts criticised and
condemned. Thus criticism raises up a contrasted ideal. Such
visualization is necessarily weak, even when attempted by the philosopher equipped with the tools of dynamic thought; how much weaker
it must be in the comparative absence of those tools, the two-thirds of
Mr. Kelly's book that remain after the history of individualism,
abundantly testify.
This portion of the book merely states, with some modifications due
to what may be imagined to have been the author's advantages of
early personal environment, the usual socialistic propositions for labor
warrants, gradual absorption of monopolized industries, atrophy of
bank organization, etc. In fact, he is in theory a communist and
more than a communist, for the organic principles of distribution
worked out with infinite pains by such objective philosophers as
Alfred Marshall into a perfected system of analogy to equilibration,
are wiped out as with a sponge.
The chief difference between the socialists and the economists consists in their definitions of "efficiency;" but Mr. Kelly will have
nothing to do with efficiency at all, nor does he stop at the communistic conception that men are to be rewarded according to their needs.
He goes further and claims that each person should receive the same,
income by physical standards. The argument in favor of this claim
is that mental progress is assisted by favorable environment. Doubtless, as a general proposition, this is true; but it is also true that
mental progress is under many and perhaps the majority of circumstances, retarded by an environment of carelessness and plenty. Of
this complementary truth he takes no account. A little touch, showing how completely he neglects dynamic equilibria, is offered by his
explanation of monasticism. Monks and nuns shut themselves up in
order to escape from the evils of competition (p. 220). This doubtless
was the reasoning of the church and he adopts it. In other words,
collect a body of people of the same sex, shut them off from the
world, give them plenty to eat, relieve them from care, and contrive,
if you can, to get them to contemplate kindness and charity, and you
will obtain as a result not only kindness, charity, and unselfishness,
but progress and strong character! It must be said in justice to the
consistency of Mr. Kelly, that the word " character " hardly appears
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in his volumes. It is perfectly apparent that character is developed
by competition and a moment's reflection will show that kindness and
unselfishness can only flow from strong character. He does indeed
say (p. i86), m" It became inevitable, therefore, that those who had
most power became masters of those who had most willingness; and
as the faculty of power coupled with selfishness, inevitably goes to
make up the lowest type of individualists, so the faculty of power
coupled with unselfishness, goes to make up the highest type of
socialist. We have thus within the same community, two kinds of
social mind, one of which is by nature equipped to enslave the other."
Of course, the unselfish ones are the many: "The docility and
unselfishness of the.many have delivered them over to the imperiousness and eagerness of the few I' (p. I86). Statements of this sort are
apt to correct themselves, and we find on page I88 that " the human
environment by showering its blessings on the few rich has reduced
the multitude to a condition of poverty which tends to promote
neither a high standard of intelligence nor a high standard of
morality." Can the multitude possess a low standard of morality and
yet be unselfish? We are told (note I, p. 225) that "selfishness" is
used in the popular sense, not in any technical sense. The evolution
of unselfishness backwards from the rich to the poor is rather hard to
work out, as a theoretical proposition.
Turning to Mr. Kelly's economic ideas, we find that he considers
that it is possible to regulate wages effectively (p. I07); that he
considers the individual to be ground down by the "tyranny of the
market" (p. inI elpassim); that competition lowers wages (p. 113); that
liberty of contract leads to industrial slavery (p. 214) (this statement is
made with reference to trade unions. Suppose trade unions raise
wages?); that competition causes wars (p. I24); that it keeps prices and
wages also down, The wage-earners, however, obtain no advantages
from the low prices (p. 126). He thinks that competition causes partial
overproduction, not clearly distinguished in this case, however, from
total overproduction: in other words, he holds the socialistic theory
of crises, that it is necessary for undertakers constantly to increase
production in order to lower prices in order to escape competition
(pp. 128, I29, 13I, 149, 159). Further, the theory that workmen can
change from occupations in which there is a falling demand to those
in which there is an increasing demand, is untrue (p. 133); cheap
foreign labor can undersell domestic labor (p. I36); the attainment of
the altruistic or collectivist state is hindered by competition (pp. I55,
199), by militarism (p. i5I), and by corruption, (p. I64).
What the author says on the subject of corruption is interesting and
well worthy of attention. He lays special stress on the point that
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DIR PROPORTIONALWAHL IN DER SCHWEIZ


I49


"c business interests make bad politics." It is doubtless this state of
affairs in the city of New York that has thrown him clear over into
ultra-communism as an ultimate ideal. He suggests that general
education and enlightenment, accompanying his so-called collectivism,
will cure corruption; but a more hopeful view of the case would be
that education of the masses along the specific line of specialization
of function is what is necessary in order to obtain civil service reform;
and his elaborate collectivist machinery is nothing but straining at a
camel in order to swallow the gnat of the merit system. Commercialism teaches selfishness (p. I95); in order to be free we must be
economically free. Economic freedom, according to Mr. Kelly,
consists in being sure of a living in return for four hours' work a day
Under the title "economic," the Standard Dictionary defines "economic freedom " as "a state in which one would not be obliged, in
order to gain a livelihood, to do anything distasteful." Under this
definition, is a man more likely to be free in Mr. Kelly's Collectivist
Utopia or in wicked, competitive New York?
W. G. LANGWORTHY TAYIOR.
University of Nebraska.
Die Proportionalwahl in der Schweiz; Geschichte, Darslellung und
Krilik. Von DR. BMII, KiOTI. Pp. 480. Price, 6 marks. Berne:
Schmid & Francke, go9r.
Switzerland, which is so often called the political laboratory of
Europe, constantly puts the rest of the world under a debt of gratitude.
The experiments which are going on in that compact little state may
be studied profitably everywhere, and a democracy like our own can
ill afford to close its eyes to the methods there being employed in the
solution of great problems. No study in foreign government is likely to
yield better returns to the investigator; and although the last few years
have put us well forward in this work, we still have much to learn
about the Swiss political system. The initiative and the referendum
have claimed the attention of many students. Switzerland is pointed
to by friends of proportional representation. The Swiss achievements
in respect of this important reform are well set forth in the work
under review. Dr. Kloti treats the subject with the greatest thoroughness and detail. He enters into each historical phase of the
movement to introduce the reform in the various Swiss cantons. His
minuteness, indeed, in this regard is so great that the book is made
rather too ponderous for the foreign reader, and one yearns for a
chapter somewhere which would bring the study into narrower compass. The work must for this reason have an interest that is in great
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I50    ANNALS O0 THE AMERICAN ACADEMY


degree local, i. e., Swiss, although as a book of reference for students
everywhere it will be of value.
The Swiss have not come to their present development in proportional representation without a struggle. For many years clubs and
societies of reformers were actively making propaganda for a system
which would give minorities a just share in the government. They
have achieved success in eight out of the twenty-two cantons, and are
busily planning to capture the others whenever opportunity favors it.
Very recently the people voted upon a " double initiative " to reform
the federal electoral system in this respect. Signers were secured in
favor of the submission of two different constitutional amendments,
which, if they had been approved in the referendum, would have
introduced the proportional system of representation into the federal
practice. The vote was taken November 4, I9oo. There were I69,oo8 yeas and 244,666 nays at the polling. Three-fifths of the citizens
and eleven and one-half of the twenty-two cantons declared against
proportional representation. It is a curious fact that two cantons,
Neuchatel and Solothurn, which already use the system in cantonal
matters, disapproved. As far as the nation is concerned, therefore,
the movement has had a setback from which it is not likely to recover
for several years.
Dr. Kloti distinguishes several systems by which it is aimed to give
representation to minority parties, not only in the legislative but also
in the executive and judicial departments of the government. Minority representation in the strict sense of the term he looks upon as a
compromise, and its defects are clearly pointed out. There are two
principal methods by which minorities may secure representation,
by the non-proportional system: (I) limited voting; (2) cumulative
voting. By the first method every elector votes for a definite proportion of the whole number of candidates who are to be chosen as onethird or one-half. The minority then is guaranteed a certain representation though what number is given it is purely a voluntary matter.
It presumes only two parties, and, in our author's opinion, lacks
"necessary elasticity." By the second-minority system-cumulative
voting-every elector may dispose of as many votes as there are candidates to be elected, but he may distribute them at will. While the
first system is regarded as an artificial weakening of the majority, the
second is an artificial strengthening of the minority. Cumulative
voting is also not without its disadvantages, for if a party overestimates its strength and puts forward too many candidates, the minority
may sometimes gain a representative in the government out of proportion to its rights.
It is in the true proportional system that the author puts his faith;
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DIE PROPORTIONAIWAHIL IN DER SCHWEIZ  151


his explanation and defence of this system, especially as it has
worked out in the Swiss cantons, fill many pages of the volume. He
discusses Hare's system of quotients and eventual candidates, and
concludes, as most others have done, that without modification, it is
much too complicated. The Swiss have introduced these modifications
and have put the reform on such a footing as to recommend it for general adoption in other countries. It would seem still to be far from
simple, and it is doubtful if it will make very rapid headway in the
United States until certain organic difficulties are cleared away.
Nevertheless, it is to be remembered that we have lately made the
most revolutionary changes in nearly all the states in the direction of
ballot reform, and we seem to be on the eve of another great change,
i. e., from the paper ballot to the automatic machine. Ballot reforms
touch only the surface. These reforms in the systems of representation go deep down to the root of the whole problem of suffrage. Is
it fair and just that more than one-half of the electors should speak
for the whole electorate? Would it not be more just and at the same
time more expedient to give the various groups and parties in the
electorate a representation in the government in proportion to their
numerical strength? If this can be done conveniently and satisfactorily most people will favor the adoption of the proportional system
of representation.
When only one officer is to be elected in a district as a governor in
a state or a mayor in a city, it is manifest that the minority must be
unrepresented. It is chiefly in the election of members of legislatures,
councils and boards that proportional representation can be applied.
The injustice of the present arrangement does not yet appeal to the
great body of Americans. They are engaged in trying to correct
other evils in the political body which press upon them more heavily.
If there were powerful minority groups of socialists or ultramontanes
or parties held together by ties of blood and race the injustice would
seem more manifest. We may develop these and they may advocate
proportional representation as a means of securing a voice in the legislatures, but the Anglo-Saxon solvent works so expeditiously in this
country that our political differences are of other kinds.
" The present system," Dr. Kloti says, "is born of a spirit of intolerance. We do not feel it so in the manner and to the extent that
it may be felt in some parts of Europe."  It was Mirabeau who
declared in I789:
"Les assemblies representatives peuvent etre comparees A des cartes
geographiques qui doivent reproduire tous les elements du pays avec
leurs proportions, sans que les 6ltments les plus considdrables faissent
disparaltre les moindres."
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This is an extremely democratic view born of the time of the French
Revolution. Mirabeau and a large body of publicists not only in
France, but also in America, in the latter half of the eighteenth century convinced themselves that all would be right if there were one
large legislative assembly in which all classes were represented. No
notion in government is farther from the truth. While it is desirable
that the different classes should be properly voiced in the government
it is a great deal more to the purpose that the representatives should
embody wisdom, character and virtue in their own persons. They
may represent whatever you choose, but if they do not have character within themselves, they will be of little credit to the constituency
that sends them out or to the state in the larger sense. None of the
world's great statesmen became great because he represented some
particular faction in the electorate. Dr. Kloti is quite right, therefore, in his conclusion that it is self-evident (selbstverstandlich) that
proportional representation can create "no political Eldorado."
ELLIS P. OBURHOILTZZR.
Philadelpfhia.
Histoire de France, depuis les origines jusqu'd la Revolution. Par
ERNeST LAVISSE, publie avec la collaboration de MM. Bayet,
Bloch, CarrY, Coville, Kleinclausz, Langlois, Lemonnier, Luchaire,
Maridjol, Petit-Dutaillis, Rebelliau, Sagnac, Vidal de la Blache.
Paris: Hachette et Cie, I90I.
There has been no satisfactory history of France. It is not necessary
to point out in detail the faults of the existing works; no one of them
represents in any way the results of the careful study of the last
decades. There was an imperative necessity for the history to be
rewritten in the light of our present knowledge.
This task has been undertaken by Lavisse with the assistance of the
able scholars named above. It will be published in sixty-four
fasciculi, and usually two of these will be issued each month, except
during the summer vacations. The complete work will consist of
eight volumes of about 800 pages each or, rather, sixteen half-volumes
of 400 pages each. The price is only six francs a half volume. Thus
far one-half of Volume I, the second half of Volume II, and the whole
of Volume III have been published. These four half volumes average
430 pages each. The whole work will be completed probably in I903.
M. Bloch in Volume I treats of "The Origins, Independent Gaul,
and Roman Gaul." Nearly three-fourths of the space is given,
fittingly, to the last subject. In reading this volume we are impressed
by the skill with which the author has succeeded in condensing an
enormous mass of material into what is relatively so small a space.
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HISTOIRI DE FRANCE


153


For instance, in eight pages he discusses very clearly and in detail
the history, theory and system of direct and indirect taxation.
M. Luchaire has written the second half of Volume II and the first
half of Volume III,which cover the periods from 987 to II37 and II37
to 1226, respectively. It would be a work of supererogation to point
out his pre-eminent fitness for this task. By his previous study
and writings he has made this field peculiarly his own. Volume II,
part 2, is divided into two books: " Feudalism and the Church
(eleventh century)" and " The French Renaissance (end of the
eleventh and beginning of the twelfth century)." In reading this
volume the present reviewer has noted section after section as especially worthy of remark. But on running over his notes he has found
that it would require a long review even to mention the subjects thus
noted. The same statement is true of the two succeeding volumes.
Volume III, part i, is divided into three books: "Louis VII.,"
"Philip Augustus and Louis VIII.," and "French Society (end of
the twelfth and beginning of the thirteenth century). " The evolution
of the Capetian monarchy is naturally the main subject and Philip
Augustus is the central figure; to him 200 pages are given. The
battle of Bouvines and its results occupy thirty-seven pages.
In Volume III, part 2, M. Langlois writes of the period from I226
to I328. The first two books discuss the political events from I226
to 1285, and I286 to 1328 respectively; the third book, about onequarter of the volume, institutions and civilization. M. Luchaire has
withstood temptation, and the heroic and saintly Louis IX. receives
less space than Philip the Fair-as it is proper that he should. A
quotation will illustrate the character of the last section of this volume,
which is the most interesting. Deux fails dominent Phistoire de
l'activilt intellectuelle au XIIIe siecle: la decadence de l'idealisme el
de la litterature artificielle, et le developpement de l'esprit scientifique.
II y avail eun, au XI~e siacle, dans les ecoles, une renaissance des
lettres qui n'est pas sans analogie avec le mouvement plus celbre,
plus complet et plus fecond, de la Renaissance proprement dite..
Le XIIe siecle finissant avail paru desesperer de la raison: jamais
les mystiques, conlempteurs de la science et de la curiositl scientifique,
n'ont Lte plus nombreux qu'au temps oz l'cole theologique du monastere de Saint- Victor de Paris fut dans sa gloire. Le XIIZe siecle, au
contraire, leplus " intellectualiste" du moyen Age, a eu passionnement
confiance dans la raison; il a essaye de savoir; il a voulu tout
demontrer (p. 387).
All of the volumes are characterized by an extreme lucidity of statement, by a logical analysis which makes them easy to read and study.
Cross-references which bind the various parts together are frequent
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ANNALS OF THM AMERICAN ACADEMY


and are indicative of the careful editorial work. For each section a
select bibliography of sources and secondary works is given. Thus
this history becomes an invaluable guide to further study. There is a
wealth of illustrative material from contemporary sources which
emphasizes the general statements of facts. France is never treated
as an isolated land, but its associations with the surrounding countries
are kept constantly in mind. In particular much attention is given
to institutions, literature, art, the life and thoughts of the people.
The authors have succeeded in making the work un tableau complet,
bien queforcement abrege, de la civilisation franfaise.
The most important defect, in our opinion, is that some statements,
which seem open to doubt, are made absolutely and without reference
to authorities. For example, M. Luchaire (Vol. III, part I, p. 338)
says: A coup srr, la corporation generate avail deja son chef ou son
directeur (capitale) en z2oo, annee ouz elle re ut du roi de France son
premier privilge connu, car, dans cette charte, Philippe-Auguste
comprend evidemment sous le nom de scolares, tout le personnel de la
grande ecole parisienne, maitres et ktudiants. Rashdall and others
deny that capitale in the privilege of Philip Augustus means the chief
of the students, and hold that it probably refers to the chattels of the
students. In this, and in similar cases, the statement stands in need
of defence, or a foot-note should be given indicating that other
authorities do not hold the same view.
Although the collaborators have been, as a whole, so well chosen, we
miss the names of some French scholars who seem especially fitted to
participate in this work. The volumes have greater unity because
each is written by a single author, but occasionally we regret that
some special topic has not been treated by the student who is best
fitted to discuss that particular theme. Some subjects which seem pertinent have not been treated as yet, but possibly, as in the case of the
history of Christianity in Roman Gaul, these will find a place in a
later volume. As a whole the history thus far is worthy of the highest
praise. It represents the most accurate scholarship of the present
day and is an absolute necessity to every student of French history.
DANA CARIUETON MUNRO.
University of Pennsylvania.
Life of the Emperor Frederick. Edited from the German of
Margaretha von Poschinger, with an Introduction. By SIDNEY
WHITMAN. Pp. xiv, 460. Price, $2.5o. New York: Harper and
Brothers, I901.
In 900o Margaretha von Poschinger published the last of three
volumes devoted to the life of Frederick III., German emperor, and
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LIrE OF THE EMPEROR FREDERICK


155


embodying new information gathered from private and official documents. Of this work Mr. Sidney Whitman has issued an edition in
one volume, omitting such portions of the original as seemed of little
interest to English readers or savored too much of German patriotism.
The result is a convenient and compact biography containing large
numbers of original letters and papers, hitherto unprinted, and conveying an impression of the emperor's personality and political
attitude that is in large measure new.
One-half of the volume is given up to purely domestic and personal
details relating to the emperor's early life, his courtship and marriage,
his historical and artistic activities, and his travels. Another quarter
is given up to his military career. This leaves but a quarter of the
work for a discussion of his political ideas and influences in which the
reader will expect to find sensational revelations, if he has believed
all the tales, which, as the outgrowth of the dramatic scenes of the
emperor's brief reign and tragic death and the publication of his
diary by Dr. Geffcken, have been current in the newspapers of the past
thirteen years. But in this he will be disappointed. The book contains no "revelations." The reader will look in vain for evidence
to support those traditions of the emperor's earlier career which
accredited him with personal hostility for Bismarck, with attempts to
thwart his policy, with a preponderating share in the erection of the
German empire, or, in general, with the desire to inaugurate either
openly or secretly a pro-English or parliamentary form of government. On the other hand he will find that Frederick, except when
regent or emperor, though actively and eagerly interested in all that
concerned the political welfare of Prussia and Germany, abstained at
all times from interfering in affairs of state.
That Frederick had strong and definite opinions is of course to be
expected. He was in the years of conflict in Prussia, from I862 to 1865,
a constitutionalist, distrustful of Bismarck and hostile to his policy;
he was opposed to the annexation of Schleswig-Holstein by Prussia,
and even after the close of the Danish war supported the cause of
Augustenburg, largely on personal grounds; he voted against war
with Austria, at the council meeting of February 28, I866, and did all
in his power to preserve peace; and at first objected to the revival of
the imperial title. But after the Austro-Prussian war his attitude
underwent a change; he upheld Bismarck in the latter's desire that
Austria should receive generous treatment, joined him in persuading
the king to issue a complete political amnesty, after 1867 gave up his
opposition to the assumption of the title of emperor by the king of
Prussia, and after I869 abandoned his objections to Bismarck's policy
for German unity. He became, in fact, the champion of imperialism,
[343]




I56


ANNALS OF THE AMERICAN ACADEMY


declared that he was ready to assume all the added responsibilities
that it might entail, and put forth as his political program "a
powerful German empire under the enlightened government of the
Hohenzollerns."
During the regency of 1878, though called upon to govern according to his father's ideas and often to act contrary to his own convictions, he maintained a strictly correct attitude, and only in his dealings
with the papacy was he able to outline a personal policy. His influence in inducing William I. to sign the treaty of I879 with Austria,
commonly thought to have been considerable, is in this work reduced
to a minimum, though the only evidence given by the author in support of her statement is the already known comments of Bismarck in
his "Reflections and Reminiscences." The story of Frederick's
three months' reign is simply told, without any attempt to rehearse
the unhappy quarrels and recriminations arising from the emperor's
sickness. A little space is devoted to the forced resignation of Bismarck's kinsman, von Puttkamer, because of official interference in
the elections, but beyond that nothing is said. The book ends
abruptly without summing up or general conclusion. But so ample
is the information furnished in the body of the work that the reader
is able readily to arrive at his own conclusions and to form, without
further assistance, an admirable idea of the man whom the world has
always admired and will admire none the less for this book.
CHARIES M. ANDREWS.
Bryn Mawr College.
The American Slave Trade. An Account of its Origin, Growth and
Suppression. By JOHN R. SPEARS. Illustrated by Walter Appleton
Clark. Pp. xvi and 232. Price, $2.50. New York: Charles Scribner's
Sons, I90o0
That history in which exact and painstaking scholarship is linked
with a readable and interesting style seldom sees the light of day.
One has usually the choice between a dry catalogue of facts and a
"popular " treatise. Mr. Spears book is distinctly popular, written
in an easy, almost careless style and embellished with pictures, some
striking and some curious, it is a volume which people will read. Its
tone is high and the general impression given is a true one. Nevertheless one cannot help regretting that the element of scholarship was
not more marked. There is a dogmatism about some alleged facts, an
irregular massing of material and a lack of perspective and proportion
in the work which is disappointing. For instance, we are told that
" not one act passed by a colonial legislature showed any appreciation
of the intrinsic evil in the [slave] trade or tended to extirpate it from
L344]




THE AMERICAN SLAVE TRADIE


I57


the seas-not one" (p. 97); that it was wholly political policy, with
no touch of philanthropy, that prohibited slavery in the new colony
of Georgia (p. 96), and that Oglethorpe was " one of the most active
participants" in the slave trade "known to his age."  Again, some
chapters, like the one on the international phase of slave-trade suppression, are more like catalogues or extracts from a note-book than
careful essays.
The most valuable parts of the work are the anecdotes and tales of
the trade, which are attractively written and calculated to interest.
Such chapters as relate to "Old Time Slaver Captains and Their
Ships," "The Slaver's Profit," "Tales of the Earlier Smugglers,"
etc., are much more readable than the historical chapters. There is.a dangerous blending of history and fiction in the book that makes
the reader not always certain of his ground.
W. E. BURGHARDT DU BOIS.
Atlanta University.


[345]




BOOKS RECEIVED FROM APRIL I, 1901, TO AUGUST i, 1901.
Aal, A., Das Preussische Rentengut. Stuttgart: 3. G. Cotta. 4m.
Amer ican E4conomic Association, Papers and Proceedings of the Thirteenth
Annual Meeting. Macmillan. $1.25.
T,'Ann~e Sociologique (i899-xqoo). Bibliotheque de Philosophie Contemporaine.
Felix Alcan. ioft-.
Armstrong, M. K., Early Emzpire Builders of the Great West. St. Paul: E~. W.
Porter. $1.25.
Aupetit, A., Essal sur la Theorie g,6n~rale de la Monnaie. Paris: Guillaumin et
Cie. lo fr.
Aulard, A., Histoire Politique de la Revolution Frangaise. Paris: Armand Colin.
12fr.
Avirett, J. B., Old Plantation. P. Tennyson Neely Co. $i.5o.
Bancel, A. D., Le Coop~ratisme. (Third Edition.) Paris: Schleicher Prires. i.5ofr.
Belgique-E~conomnie Sociale. Rapport G(!n~ral. Exposition universelle internationale de Paris, igoo. Bruxelles- Allred Vromant & Co.
Bernstein, U., Zur Gescluchte und Theorie des Socialismus. Berlin: Dr. John
Udelbeim. 5m.
Bernstein, U., Wie ist Wissenschaftlicher Socialismus Mdglich? Berlin: Verlag
der Socialistischen Monatshefte.
Binet, A., La Suggestibilit6. Paris: Schleicher Ftr~_res.
Blrkmeyer, K., Encyclop~die der Rechtswissenschaft. Berlin: 0. Hiring.
Blum, I,., Les Congr~s Ouvriers et Socialistes Frangais. (Two Volumes.) Paris:
G. Bellals. o.5ofr each.
Bourgin, H., Proudhon. Paris: G. Bellais. o.5ofr.
Boyd, J. P., Triumphs and Wonders of the Nineteenth Century. Philadelphia: A.
J. Holman & Co. $2.50.
Brannon, H., A Treatise on the Rights and Privileges Guaranteed hy the Fourteenth Amendment to the Constitution of the United States. Cincinnati: W.
H. Anderson & Co.
Brown. A., E~nglish Politics in E~arly Virginia History. Houghton, Mufflin & Co.
$2.00.
Bryant, U. U., Constitution of the United States. Madison: Democrat Printing
CO. $2.50.
'bilchner, L., A I'Aurore dn Sidcle coup d'oeuil d'un Penseur sur le Pased et
l'Avenir. Paris: Schleicher Fr~res.
Butler, J. W., Story of Paper Making. Chicago: J. W. Butler Paper Co. $i.oo.
Callahan, J. M., Diplomatic History of the Southern Confederacy. Baltimore:
Johns Hopkins Press. $r.5o.
Carlile, W. W., revolution of Modern Money. Macmillan. $2.50.
Central Poor Law Conferences, Report of Proceedings of rwenty-ninth Annual
Poor Law Conference. Loondon: P. S. King & Son. is.
Challomel, 3., Compte Rendu et Documents du Congeds International des Habitations a Bon March6, tenu & Paris, Juin, xgoo.
Chandler, 3. A. C., History of Suffrage in Virginia. Johns Hopkins Press.
Chapin, C. V., Municipal Sanitation in the United States. Providence: Snow
& Farnham.
Coen, G., La Questione Coloniale e I Popoli di Razza Latina. ijvorno: Raffaello
Guisti. 31.
[346]




BooKs RiECEIVED


'59


Cohn, G., Zur Geschichte und Politik des Verkehrswesens. Stuttgart: Ferdinand
Enke.
Cordier, H., Histoire des Relations de la Chine. Felix Alcan.
Davis, A. McF., Currency and Banking in the Province of the Massachusetts Bay.
American.Economic Association. $1.75.
Demolins, E~., Comment la route cr~e le type social: les routes de l'antiquit6.
Paris: Firmin Didot et Cie. 3.50/7.
Devine, U. T., Practice of Charity. New York: Lentithon & Co. $0.65.u
Dormer, F. J., Vengeance as a Policy in Afrikanderland. London: James Nisbet
&Co. 6s.
Dumont, A., La Morale Bas(!e sur la D(!mographie. Schleicher Fr~res. 3.5ofr.
Dunbar, C. F., Chapters on the Theory and History of Banking. (Second
Edition.) Putnams. $1.25.
EUberstadt, R., Der Deutsche Kapitalmarkt. Leipzig: Duncker & Humblot. 7m.
Estee, D. M., Principles of Civil Government. (Fifteenth Edition.) Rochester,
N. Y.: Educational Gazette Publishing Co. $o.60.
Evans, R. D., A Sailor's Log. New York: D. Appleton & Co. $2.o0.
Fagniez, G., Documents Relatifs a 1'Histoire de IlIndustrie et du Commerce en
France. (Two Volumes.) Paris: Alphonse Picard et fils. 9.5ofr. and iofr.
Federici, EC., La Prevenzione dei Suicidio da Parte della Societ&. Venezia: G. B.
Monaunf.
Ferni. E., Socialism and Modern Science. New York: International Library Publishing Co. $i.oo.
Flick, A. C., Loyalism. in New York During the American Revolution. New
York: Columbia University Press. $2.0o.
Fournie~re, E., Essai sur I'Individualisme. Felix Alcan.
Francotte, H., L'Industrie dans la Groace Ancienne. Bruxelles: Socifit( Belge de
Libralrie.
Garner, 3. W., Reconstruction in Mississippi. Macmillan. S,;.oo.
George, M. M., Editor, A Little journey to~the Philippines. Chicago: A. Flanagan
Co. $o.is.
Gooch, G. P., Annals of Politics and Culture (1492-i899). Macmillan. $2.25.
Gunton, G., and Robbins, H., Outlines of Political Science. Appleton. $0.75.
Guyot, Y., La Question des Sucres en i9or. Paris: Guillaumin & Cie. 3fr.
Halsey, F. W., Old New York Frontier. Scribners. $2.5on
Hansen, J., Zauiberwahn, Inquisition und Hexenprozesz ini Mittelalter. Miinchen:,
R. Oldenbourg. iom.
Harper, W. R., The Prospects of the Small College. Chicago: University Press.
$0.25.
Hausen, H., L'On. Paris: Nony et Cie.
Heliferich, K., Handelspolitik. Duncken & Humblot. 4.6om.
Henderson, C. R., Introduction to the Study of the Dependent, Defective and Delinquent Classes. (Second Edition.) Boston: D. C. Heath & Co. $i.5o.
Henderson, J. B., Jr., American Diplomatic Questions. Macmillan. $3.50.
Hobson, J. A., The Social Problem, Life and Work. New York: James Pott & Co.
$2.00.
Hodder, A., The Adversaries of the Sceptic. Macmillan. $I.5o.
Holt, H., Talks on Civics. Macmillan. $i.25
Hopkins, J. C., Story ot the Dominion. Philadelphia: John C. Winston CO. $2.5o.
Ilbert, C.. Legislative Methods and Forms. New York: Oxford University Press.
Jellett, 3. H., and Meyerstein, 3. C., Pacific Coast Commercial Laws. San Francisco: (By Authors). $5.oo.
Jellinek, G., The Declaration of the Rights of Man and of Citizens. Henry Holt
& CO. $0.75-[37




i6o         ANNALS OF THE AmMEICAN ACADEMY
Kaerger, K., Landwirtschaft u. Kolonisation im Spanischen Amerika. (Two Vol.
nines.) Duncker & Humiblot. 42.8am.
Kelly, ]E., Government or Human Evolution. Volume II. New York: Longmans, Green & Co. $2.50.
von Krirsy, J., Die Finanziellen Etrgebnisse der Actiengesellschaften. Berlin:
Puttkammer & Miiblbrecht. i.5om.
Kuhns, 0., The German and Swiss Settlements of Colonial Pennsylvania. New
York: Henry Holt & Co.
ILandry, A., L' Utilit6 Sociale de la Propri&t6 Individuelle. Paris: Soci~t(! Nonvelle de Librairie et d'Edition. 7.5of-r.
Langlois, Chi. V., Manuel de Bibliographie Historique. Paris: Hachette et Cie.
Lapeyre, P., Le Catholicisme Social. (Three Volumes.) Paris: P. Lethielleux.
3.50fr. each.
Lavisse, E., Histoire de France. (Three Volumes.) Hachette et Cie.
Lawrence, T. J., Principles of International Law. (Third E~dition.) Boston: D.
C. Heath & Co. $3.00.
"Abe"I Lincoln's Yarns and Stories. New York: W. W. Wilson. $2.25.
London Board of Trade-Seventh Annual Abstract of Labour Statistics of the
United Kingdom. London: Darling & Son. is.
Lowery, W., The Spanish Settlements Within the Present Limits of the United
States(I513-I56i). Putnams.
Lynch, H., French Life in Town and Country. Putnams. $r.20.
Maass, L., Der E~influss der Maschine auf das Schreinergewerbe in Deutschland.
Stuttgart: J. G. Cotta. 3m.
Martin, R., Anthropologie als Wissenschaft und Lehrfach. Jena: Gustav Fischer.
Matteotti, M., L'Assicurazione contro la Disoccupazione. Torino: Fratelli Bocca.
5 1.
McCarthy, J. and J. H., A History of the Four Georges and of William IV. (Vols.
III and IV.) Harpers. $I. 25 each.
Michaud d'Humiac, L., Lea Grandes Ifgendes de 1'Humanitc.. (Fourth Edition.)
Schleicher Fr~.res. i.5ofr.
Misonne, 0., Une Region de la Belgique. Tournai: H. & L. CZasterman.
Montgomery, D. H., The Leading Facts of English History. Ginn & Co. $I.25.
Morris, C., The Life of Queen Victoria. Philadelphia: J. C. Winston CO. $2.25.
de Mortillet, G. & A., Le Pr( historique. Origine et Antiquit,6 d Homme. (Third
E~dition.) Schleicher Fr~res.
Murisier, E~., Lea Maladies du Sentiment Religieux. Felix Alcan. 2.50f7.
Murray, J. O'K., The Catholic Pioneers of America. (New Eddition.) Philadelphia:
H. L. Kilner & Co. $1.00.
Natives of South Africa: Their ]Economic and Social Condition. London: John
Murray. 12S.
Na~ve, J. E~., L'Administration d~une Grande Ville-Londres. Gand: A. Huyshauwer & L. Scheerder.
New York-]Eighth Annual Report of State Charities Aid Association. (Second
E~dition.)
Nossig, A., Revision des Socialismus-Urster Band. Berlin: Akademischer Verlag
fdr Sociale Wissenschaften.
Nuttal, Z., Fundamental Principles of Old and New World Civilizations. Cambridge, Mass.: Peabody Museum.
Palante, G., Pr~cis de Sociologie. Felix Alcan. 2.50f7.
Pau ghorn, J. G., Side Lights on Management World Systems Railways. Baltimore: (Author). $i.oo.
Paris-Cinquic~me Congrt-s Socialiste International, tenu A Paris, September, igooGeorges Bellais. 1.25r f348




BOOKs RzcEiviw


zix


Paris-Deuxi~me Congras G ( n~ral des Organisations Socialistes Frangaises, tenu D.
Paris, September, igoo. Georges Bellais. 3fr.
Perry, F., Saint Louis (Louis IX of France). Putnams. $I.50.
de Pouvourville, A., L'E~mpire du Milieu. Schleicher Frares. 2 fr.
de, Pouvourville, A., La Chine des Mandarins. (Second Edition.) Schleicher
FrareS. 2f7.
Price, I,. L., A Short History of E~nglish Commerce and Industry. London:
E~dward Arnold. 3s. 6d.
Public Papers of George Clinton, First Governor of New York. (Vol. IV.) Albany:
James B. Lyon.
Quanter, R., Die Schand- und Ehrenstrafen in der deutschen Rechtspflege. Dresden: H. R. Dohrn.
Randolph, C. F., joint Resolution of Congress Respecting Relations Between
United States and Cuba. Reprinted from Columbia Law Review.
Ravenel, Mrs. St. 3., Life and Times of William Lowudes, of South Carolina.
Houghton, Mufflin & Co. $i.5o.
Reclus, E4., L'Afrique Australe. Hachette et Cie.
Redlich, J., E~nglische Lokalverwaltung. Duncker & Humblot. 20 7m.
Reinsch, P. S., French Experience with Representative Government ini the West
Indies. Reprinted from American Historical Review.
Reformers' Year Book. Wallasley, Cheshire: Joseph E~dwards. is.
Richet, C., Les Guerres et la Paix. (Sixth Edition.) Schleicher Fr~res. 1-5oft-.
Righini, E~., Antisemitismo e Semitismo nell' Italia Politica Moderna. Milano:
Remo Sandron. 3 1.
Robinson, A. G., Philippines: the War and the People. McClure, Phillips & Co.
$2.00.
Robinson, C. M., Improvement of Towns and Cities. Putnams. $1.25.
Roloff, G., Die Kolonialpolitik Napoleons I. Mfinchen: R. Oldenbourg. 5Sm.
koss, U. A., Social Control. Macmillan. $i.25.
Routier, G., L'Industrie et le Commerce de l1Fspagne. (Third Eddition.) Paris:
H. Le Soudier. 5fr.
Rutten, Le P. G. C., Nos Groaves Houillares et l'Action Socialistes d'Apras une
enquete faite sur place. Bruxelles: J. Goemaere.
Sanger, C. P., Place of Compensation in Temperance Reform. London: P. S.
King & Son. 2s. 6d.
Sanson, A., L,11spece et la Race en Biologie G( nerale. Paris: C. Reinwald.
Schmoller, G., jahrbuch fuir Gesetzgebung, Verwaltung und Volkswirtschaft lim,
Deutschen Reich. Duncker & HT,'-'t.
Schriften des Vereins fdr Socialpolit.  s. LXXXX and LXXXX). Duncker
& Humblot. 12.4075.
Schwab, J. C., The Confederate States of America. Scribners. $2.50.
Scisco, Le. D., Political Nativism in New York State. New York: Columbia University Press. $2.00.
Scott, ]E. H., Outline for the Study of Civics in the Grades. Chicago: Scott, Poresman & Co. $0.25.
Seignobos, Ch., La Methode Historique Appliquee aux Sciences Sociales. Felix
Alcan. 6fr.
Seuffert, H., Die Bewegung im. Strafrechte whhrend der letzten 30 Jahre. Dresden:
Zahn & Jaensch. 275.
Smithwick, N., The ]Evolution of a State. Austin, Tex.: Gammel Book Co. $:r.5o.
von Sterneck, 0., Zur Lehre vomn Versuche der Verbrechen. Wien: Adolf Holz..
hausen.
Straus, 0. 5., Origin of Republican Form of Government in United States of
America. (Second E4dition.) Putnams.
[349]




i62


62  ANNALS OF THZ AMBURicAN ACADZmy


Strauss, P., Depopulation et Puericulture. Paris: Eugene Fasquelle. 3.50fr.
Sutter, J., A Colony of Mercy. London: Horace Marshall & Son. is.
Sutter, J., Cities and Citizens. London: Horace Marshall & Son. 6s.
Taylor, H. 0., Classical Heritage of the Middle Ages. New York: Columbia University Press.
Toudouze, G., L~a Conquete des Mers. Schleicher Fri~res. x.5ofr.
Tunell, G. G., Railway Mail Service. Chicago: Lakeside Press.
Ulmnann, A., A Landmark History of New York. Appleton. $i.5o.
Un SHicle-Mouvement du Monde de i8oo a igoo. Paris: H. Oudin.
Varlez, L., Les Salaires dans l'Industrie Gantoise I. Royaume de Belgique Minis.
tare de l'Industrie et du Travail. 8fr.
Waite, C. B., History of the Christimn Religion to the Year 2oo. (Fifth Edition.)
Chicago: C. V. Waite & Co. $2.25.
Waite, C. B., Herbert Spencer and His Critics. C. V. Waite & Co. $i.oo.
Wallace, A. R., and Others, Progress of the Century. Harpers. $2.50.
Walsh, C. M., The Measurement of General Exchange-Value. Macmillan.
Westenhaver, D. C., The Separation of State and Local Revenues.
White, A., E~fficiency and Empire. London: Methuen & Co. 6s.
Whitman, S., edited by, Life of ]Emperor Frederick. Harpers. $2.50.
Willett, A. H., Economic Theory of Risk and Insurance. New York: Columbia
University Press. $x-5o.
Willoughby, W. F., State Activities in Relation to Labor in United States. Baltimore: Johns Hopkins University Press.
Winterer, LVA., Le Socialisme Contemporain. (Fourth Ed.) Paris: Victor Lecoifre.
Wood, H., The Political E~conomy of Humanism. Boston: Lee & Shepard. $I.25.Woolley, IE. C., The Reconstruction of Georgia. New York: Columbia University
Press. $i.oo.
Zimmermann, A., Die Kolonialpolitik Frankreichs. Berlin: Mittler & Sohn.




NOTES.
I. MUNICIPAL GOVERNMENT.
New   York. —" Consolidated Elections." I "Consolidated elections" is a term which has recently come much into vogue in the upstate districts of New York, and which is perhaps best defined by
saying that it means the opposite of separate municipal elections.
Until recently the city of Ithaca held its municipal elections in the
spring. Ostensibly because of the extra expense involved in holding
these elections separately, the Republican City Committee in the
early part of this year called upon the assemblyman representing the
Ithaca district at Albany to secure the passage of a bill " consolidating "
or combining the city election with other elections. As it was understood at the time that the city election would be put in the fall of the
odd years, and would thus be combined with the election of the
short state ticket only, little or no opposition was made to this movement. But when the bill, which was of course a special measure and
as such had to be submitted to the mayor and council of the city
before final action was taken upon it, reached Ithaca, it was discovered
that the city election had been shifted to the fall of the even years
and would thus coincide both with elections for the full state ticket and
with national elections.
Considerable opposition to the bill in its new form was immediately
made manifest, and at a public hearing held on April io, by the
mayor and council, there was a very lively discussion regarding the
bill itself, its origin and the circumstances under which the abovenoted change was made. Those favoring the bill pointed out the
saving to be effected by it, which was estimated at about six hundred
dollars on each municipal election-no inconsiderable item in the
budget of a city so small and with a tax rate so high as Ithaca. To the
objection that city interests might be jeopardized if decision upon
them were to be made at a time when the voters were under the influence of strong party feeling engendered by a hard-fought national or
state campaign, the reply was that the voters of so enlightened a
place were perfectly competent to keep the issues of the three-ringed.
political circus-national, state and municipal-sharply distinct in
their minds and at the ballot-box. It was further argued that
while the machine-led mass and the venal element could always
be counted on to be on hand at any and all elections, there
was, under the separate election system, a strong tendency among
l Contributed by Robert C. Brooks, Cornell University.
[35 I]




164    ANNALS OF THE AMERICAN ACADEMY


the best element of the city's voters to remain away from the polls
during municipal elections, owing to the false notion that such elections are of small importance in comparison with state and national
elections. This fact, it was claimed, gave the party boss greater power
over the city under the separate system than he could hope to attain
with combined elections.
The issue was decided in the council by a strict party vote and the
bill has since received the signature of the governor. Similar movements have occurred recently in a number of other smaller municipalities in the state.  Since most of these cities are normally
republican, and since combined elections would usually favor that
party in municipal affairs which had the larger regular following
during national campaigns, there is more than a suspicion among
those who uphold the separate system of elections that the movement
was started " by authority."
New Orleans.'-The wharves of New Orleans have for many years
-been leased to contractors who collected dues for wharfage and kept
the wharves repaired, lighted and policed.
The lease has expired and the wharves have been placed under the
-management of a commission who propose to make New Orleans as
-near a free port as possible, and at the same time give good facilities
for loading and unloading. The month of June, the dullest in the
year, is the first month of the new administration.
The following comparative statement shows earnings of the Board
of Commissioners of the port of New Orleans from wharfage dues on
vessels arriving during the month of June, 1901, and the amount that
would have accrued to the wharf lessees from said arrivals under the
former rates:
-Wharfage Accounts-    ReducOld Rate.  New Rate.   tion.
Sea-going vessels.. $I7,658 56 $IO,155 55 $7,503 oI
Steamboats.....,048 32     786 24   262 o8
Miscellaneous...    692 84    519 63     173 2I
Luggers......          185 60     I39 20    46 40
Transportation barges  I,033 28    774 96    258 32
Total...... $20,618 60 $12,375 58 $8,243 02
Wisconsin.2-Municipal Charter Legislation in Wisconsin. We
have in Wisconsin what is known as the League of Wisconsin Municipalities. More than sixty cities, through their mayors, are connected
with this organization. The city of Milwaukee stands in a class by
itself and is not connected with the League of Municipalities. Our
l Contributed by B. R. Forman, New Orleans.
2 Contributed by C. E. Monroe, Milwaukee.
[352]




MUNICIPAL GOVERNMENT


I65


cities generally operate under special charters, many of which are
quite old. They date back to a time when it was easy to get the people out to vote and almost all of them provide for annual elections
of mayor and aldermen. The powers of mayors are very limited.
These features are true almost universally, but there are two cities
-La Crosse and Oshkosh-whose charters give their aldermen a
four years' term of office. In other features the various charters differ
greatly among themselves. Feeling the disadvantage of these
diversities in their organic laws and feeling also the weakness of
many of their common features, an attempt was made to remove
these disadvantages by means of a bill, which should be of uniform
operation throughout the state. This provided for longer terms
for municipal officers and added to the powers of the mayors. The
first tentative bill was introduced in both houses of the legislature,
and, when a discussion of its merits had shown its inapplicability
to some of the municipalities affected by its provisions, a carefully
drawn substitute was offered in its place. Curiously enough there
were, in many quarters, objections to the extension of the terms of
aldermen and mayors from one year to two. The final result of the
effort of the League of Wisconsin Municipalities was the passage of an
act extending the terms of elective administrative officers to two years.
Two bills were introduced in the Assembly which deserve mention.
One of these proposed an amendment to that provision of the constitution of the state which limits the indebtedness of municipal corporations to 5 per cent of the value of the taxable property therein, so as
to permit the incurring of additional indebtedness of 5 per cent for the
purchase or construction of water or lighting works and such other
public utilities as the municipalities may be authorized by law to own
and operate. The bill was killed. The second bill, general in its
application, was too novel and too good to succeed, and, consequently,
suffered the fate of the other. It provided that " No ordinance for
granting a franchise to perform a public service, or make use of
public property, or for the extension of any existing franchise, shall be
operative in any city in this state until after sixty days from the date
of its passage; and if during such period of sixty days a number of
qualified voters equal to 5 per cent of the total number of votes cast
at the last preceding election in such city shall demand that the ordinance shall be submitted to a direct vote of all the voters, such
ordinance shall not be valid or operative until it shall have been so
submitted and approved by a majority of those voting upon it."
Another bill was introduced, the material section of which is as
follows: "Power is hereby given to the common councils of cities
and to the trustees of incorporated villages to alter franchises hereto[353]




I66


ANNALS OF THE AMERICAN ACADEMY


fore or hereafter granted by such cities and villages to persons
or corporations." The purpose was to put into the possession of
municipalities a power of amendment of franchises which would
enable them to overcome the plea of contract rights so generally
urged by the donees of public grants. It was killed, of course.
A common provision of our municipal charters requires the publication of the terms of proposed grants of public franchises for a certain
length of time in advance of action upon them by the common council, and where substantial amendments have been made in the original
franchise, these also are required to be published in the same way.
An effort has been made to do away with this requirement so far as
it relates to the amended franchises, but this measure has failed to pass.
A certain class of bills, which is generally received with favor in our
legislature, has met the unusual fate at this session of receiving the
governor's veto after successfully running the gauntlet of both houses.
These are bills through which the legislature attempts to interfere
with local government by fixing or raising the compensation of local
officers. A number of these were introduced at the present session,
coming principally from the city and county of Milwaukee. The
governor has put his veto upon the ground that matters, like these,
of purely local interest should be decided by the local legislative
authority.
Biddeford, Me.-Non-partisan Municipal Government.- Biddeford has a population of I6,5oo, about 2,800 voters and a valuation of
$7,ooo,ooo. The principal industries are the construction of cotton
manufacturing machinery, giving employment to i,2oo men, and
the manufacturing of cotton goods, in which about 3,500 people are
employed.
Up to March, 1896, state and national politics entered largely into
our municipal elections, first one party and then the other exploiting
the city for party purposes. Contributions to the election fund were
expected and received from party members, offices and profitable
contracts naturally finding their way into the hands of the liberal
contributors. Corruption at the polls and vote buying had become
notorious. One man told me that he had helped put out $2,200 in
buying votes in one ward, and he thought the opposition had put out
as much more in the same ward for the same purpose-that as much
as 100oo had been paid for a single vote-and $50 had frequently been
paid. In the scramble, vote-sellers had come to number about 20 per
cent of our voting population, while election days were noted for
drunkenness and disturbances at the polls were not infrequent.
On January 31, 1896, according to our treasurer's report we had out1 Contributed by Howard Hamilton, Secretary Citizens' Municipal Association.
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standing notes and bonds amounting to $486,3o0, or $I39,000 indebtedness beyond the legal limit of five per cent. In addition to the
above, a large balance account was carried into the next year, and there
were thousands of dollars worth of open accounts held against the city,
the amount of which it took some time to ascertain.
In February, 1896, previous to our annual March election, a few of
the leading men of both parties met to devise some means of ridding
the city of the evils of partisan government, and formed a preliminary
organization, which later became the Citizens' Municipal Association.
This organization demanded that state and national politics should be
absolutely eliminated from municipal affairs; that city officers be nominated and elected solely on account of their honesty and efficiency,
and that municipal affairs should be conducted upon non-partisan and
strictly business principles. The movement grew rapidly in numbers,
nominations were made, equally divided between the best men of the
two old parties, and endorsed by the Democratic party. After an
exciting campaign, at an exciting election, the " citizen " candidate
for mayor was elected by a good majority, while the ticket was
elected in four of the seven wards, thus giving the " citizens " control
of municipal affairs.
At the first inaugural of our "citizen" mayor he said in his
address, " instead of a debt of $486,ooo we have a debt of nearly
$600,000, or 84 per cent of our valuation." We were in condition to
repudiate a large amount, but, to the credit of our citizens, repudiation was not thought of. It is not necessary to go into details as
to the ways and means that were used to extricate the city from this
predicament, but suffice it to say that every succeeding election has
shown increasing faith in the principle of administering municipal
government on a non-partisan and business-like basis.
In March, i897, we re-elected our mayor by an increased majority
and carried six of the seven wards. In I898 and I899 the "citizen "
mayor was elected and all seven wards carried. In I9oo, and again in
z9oI, there was no opposition to the " citizen " candidates, all officers
of I9oo being re-elected in I9oI. On January 3I, 19go-the end of the
fifth year of non-partisan administration-our treasurer stated in his
annual report that the city's net indebtedness was $355,400. Deduct
this last amount from $6o,ooo debt, as estimated by our mayor in
March, 1896, and we show a reduction of our debt, in five years, of
about $245,ooo. During that same time the tax rate has been reduced
20 per cent.
In addition to the financial benefits that have been derived from
this non-partisan movement, there are moral benefits resulting from the
abolition of corrupt practices at the polls. Our example is being fol[355]




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lowed by other cities of the state. Our neighboring city, Saco, has
this year elected its first non-partisan city government, and the following towns in York County have also fallen into line and elected officers belonging to both the old parties, viz.: Old Orchard, Alfred, Lebanon, Shapleigh and Waterboro. It is proposed to extend this movement to the election of county officers.
Brooklyn.-Special Legislation.' The legislature of 1901 passed
many bills affecting the city of New York as a whole, and a few
measures applying exclusively to the borough of Brooklyn. Of
the latter may be mentioned a bill providing for the depression
of the tracks of the Long Island Railroad Company in Atlantic
Avenue, partly at public expense. When Brooklyn was an independent municipality legislative authority for depressing the tracks was
secured, but the expenditure of public money on the work was conditioned on the acquirement of a franchise for a tunnel to connect the
existing terminal of the railroad with a point in Manhattan. There
were difficulties in the way of getting the franchise, and the law was
amended later so as to separate the track depression feature of the improvement from the tunnel scheme. Further amendments were proposed both last year and this. Mayor Van Wyck has vetoed all the
amendments because he is opposed to the use of public money for the
relief of the railroad. But the people of Brooklyn have insisted on
the improvement of the street through which the railroad runs, and
have persuaded the legislature to overrule the opposition of the city
government. This is legislative interference from Albany at the
earnest solicitation of the community interfered with. It is appeal
from the home government to the government in Albany. The law
as it now stands has removed all known obstacles in the way of
improving the street.
Then again, the legislature has passed a bill providing for the opening of Bedford Avenue through a new district, on conditions different
from those provided in the charter. The opened street will be something like a boulevard for the benefit of those who want to reach the
sea by the most direct route. The owners of adjoining property
thought that the city should pay a larger proportion of the cost of
opening it and paving it with asphalt than was permitted by the
charter, so they asked the legislature to provide that the city should
pay two-thirds of the cost of the improvement. Again, in spite of the
mayor's objections, the legislature granted the request of the interested people.
Charter Revision. The general revision of the charter has affected
the borough of Brooklyn more than any of the special bills passed for
1 Contributed by George William Douglas, Brooklyn.
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MUNICIPAL GOVERNMENT


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specific purposes. Under the new charter, which is to go into effect
next year, Brooklyn will have a greater degree of independence than
under the old system of borough government. The borough president
will be practically a commissioner of public works for the borough.
He will appoint a commissioner of highways and a building commissioner, who will superintend the inspection of buildings and the laying of pavements. The local members of the Board of Aldermen will
constitute a local board of improvement, and will have power to authorize various improvements, subject to the approval of the Board of
Estimate and without consultation with the general Board of Aldermen.
The plan provides for something like a confederation of municipalities
rather than for an extremely centralized government. It is experimental and no one knows just how it will work in practice. There is
hope, however, that it will facilitate the transaction of public business. While there has been decentralization in the exercise of the
powers of the Board of Aldermen, there has been centralization of
the control of the schools. There was strong objection to this plan in
Brooklyn, and it is feared that it will not work satisfactorily because
it puts the management of the local schools in the hands of men who
can know little about their needs.
Denver.-State Boards.   According to the charter of the city of
Denver, as at present in force, the Board of Public Works and the
Fire and Police Board are appointed biennially by the Governor of the
State of Colorado.
The Board of Public Works has " exclusive management and control
of the construction, reconstruction and maintenance of all public and
local improvements," including streets, sidewalks, sewers, bridges,
viaducts, tunnels and the like, except " buildings used exclusively for
fire and police purposes, or for hospitals or workhouses."  For these
purposes the Board has in charge the expenditure of money voted by
the city council, the assessment of private property for local improvements and the issuing of bonds and warrants.
At the general city election of April, i899, the tax-payers of Denver
voted to authorize a bond issue of $4oo,ooo for the purpose of building an auditorium. The bonds were declared invalid by the Supreme
Court on account of defects in the ordinance passed by the city council
in March, i899.
At a special election held on November 6, i899, a bond issue of
$4,700,000 was voted for the purpose of acquiring a municipal water
plant. The Board of Public Works proceeded to sell the bonds and
obtained a first payment of 00oo,ooo on October 15, I900. Before the
second payment of $ioo,ooo became due the Board was served with an
i Contributed by Prof. J. a1. Le Rossignol, University of Denver.
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injunction by the United States Circuit Court at the instance of the
Denver Union Water Company. The injunction has been sustained
for several reasons, and it is probable that the water bonds are
invalid.
For these miscarriages the Board of Public Works has been severely
blamed. It is claimed by the advocates of "home rule," who are
many and influential, that state and federal politics are too intimately connected with the municipal affairs of Denver. They say
that the Board of Public Works is notoriously wasteful, that taxation is too high, that there is much corruption, that local interests are
sacrificed to political expediency, and that the general administration
of the Board is bad and could hardly be worse.
The Fire and Police Board has control over the fire and police departments, grants liquor licenses and has power to suppress gambling
and disorderly houses.
It is generally admitted that the fire department is efficient, but it
is asserted that the police department is grossly incompetent and corrupt. On February 6, I9Or, a detective on the police force was
-accused of having secured the release from prison of two women pickpockets. While denying the charge, the detective proceeded to accuse
a police captain and two detectives of systematically protecting
saloons, gambling places and disorderly houses, and of receiving
money in return for this protection. The President of the Fire and
Police Board at once ordered an investigation into the basis of these
~charges. The investigation continued daily from February 8 to February i6. In the course of the investigation sufficient evidence of a
more or less incriminating character was adduced to show that there
was no little corruption in the force. Captains, detectives and patrolmen were accused of the most flagrant neglect of duty, of complicity
with criminals, of receiving money as blackmail from people of this
class, and even of entering into partnership with them. The Board
gave its decision on February I9. The members of the police force
who had been accused, including two captains, three detectives and
two patrolmen, were dismissed or asked to resign. The Board did
not think the evidence sufficient to warrant the prosecution of the
accused persons, but thought it wise to dismiss them for the sake of
the efficiency of the force. It is possible that the charges were made
largely at the instance of the political enemies of the Board, and it
is not improbable that the investigation was made somewhat searching because of the approaching city election.
At the election, the regular members of the police force, together
with special policemen enlisted for the occasion, were very active as
partisans on the side of the " Fusion " or Democratic candidates.
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MUNICIPAL GOV]RNMINT


I7I


Nevertheless, a majority of the Republican candidates, including the
mayor, were elected. There is, therefore, now a division of executive power between the Republican mayor and Council and the Democratic Board of Public Works and Fire and Police Board. There will
be a good deal of friction in the administration on this account, but
the opposing forces may perhaps be trusted to watch one another
closely, and thus to prevent or punish any flagrant misuse of power.
Home Rule.-The advocates of " home rule " succeeded in having
two measures submitted to the State Legislature during the past session.
One of these, the Rush bill, was passed. The other, the Parks bill,
failed to pass. The latter bill proposed to give immediate home rule
to Denver, by giving the mayor power to appoint the Board of Public Works and the Fire and Police Board. This measure was opposed
by the politicians for obvious reasons. The Rush bill, which is now
law, provides for submitting to the people of Colorado, at the next
general election, an amendment to the constitution of the state, providing for the consolidation of the city of Denver with the county
of Arapahoe, the whole to be known as the " City and County of Denver." This corporation is to have almost complete control of its own
affairs. It is probable that the people will not vote in favor of this
change.
rlontreal.1-Framework. The municipal framework of Montreal,
as it exists to-day, plainly indicates a copying of English models
modified somewhat by American ideas and conditions. At the
same time there are one or two points which remind one very strongly
of German methods.
To begin with, so far as its relations to the Provincial Parliament are
concerned, the city is subject to the same vicious interference in every
petty detail as are municipalities in most of the states. The distribution of power to the several provinces of the Dominion, instead of its
centralization in the Dominion government itself, is probably responsible for the absence of the sound, sane, indirect governmental regulation of municipal affairs from central boards, which is so characteristic of Great Britain, as a similar decentralization is responsible for
the presence of the evils which are so common in American cities.
The Provincial Parliament can amend any section of the city charter, and more than that, can grant franchises without safeguarding the city's interests in any way. At the present time it is
much more feared than the city council. The source of all power
within the limits of the provisions of the city charter is the city
I Contributed by Francis H. McIean, General Secretary Charity Organization
Society, Montreal.
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172    ANNALS OF THE AMERICAN ACADEMY


council or board of aldermen. As in English cities the various
departments of the city government are managed and controlled
by aldermanic committees, which are of course responsible to the
entire council. All officers are appointed through the council. The
mayor, exercising a supervisory power, may suspend any officer for
misconduct, but must immediately report his action to the council.
There is not the slightest tendency observable to concentrate power in
the hands of the mayor or to have the departments administered by
separate boards or commissioners. City councils in Montreal have not
been as superior in personnel as have those in England. There have
been scandals and jobs and rings in them. Nevertheless, they have
never dropped entirely below the plane of respectability and have
done fair work, with some notable exceptions, through administrative
committees.
Electoral Qualifications. The voting franchise in city elections is
conditioned by property or rental qualifications, in addition to the usual
limitations. Ownership of property assessed at $300, or rental of premises which brings in a sum of thirty dollars per year or more is required
of all. Tenants are given the same rights as proprietors because they
are subject to a water tax amounting to 75 per cent of the rental
value of the property they occupy. Owing to the low rental value
necessary to qualify, practically every tenant is a possible voter. The
classes which are definitely excepted are lodgers, roomers, boarders,
guests in hotels, etc. It will be seen that the possibility of colonization is reduced to zero. A tenant cannot qualify unless he has occupied his rented premises for a number of months previous to the
election. All paid employees of the city are debarred from voting,
thus doing away with another possible source of corruption. Any one
whose property, water or business license tax becomes overdue cannot
vote during the term of such delinquency. If any such tax is remitted
the disqualification continues until a subsequent tax is paid. Most
interesting of all, a property owner may qualify as a voter in every
ward in the city if he has sufficient immovable property in each. If
he qualifies in more than one ward he can vote for mayor only once,
but may vote in each such ward for the aldermen. This reminds one
strongly of German municipal electoral systems.
At the general municipal election property owners and rent payers
may vote. In special elections, principally affecting property rights,
the city council may limit the voting lists to property owners or not
as it chooses. If, however, it asks for a special loan in excess of the
funded debt limit only property owners may vote. To emphasize the
basic principle that the franchise comes through the ownership or
rental of property-spinsters and widows may qualify, and husbands
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MUNICIPAL GOVERNMINT


I73


who cannot qualify may vote for their wives, who can. As a matter of
fact very few women attempt to vote.
Qualificationsfor Office. In order to be eligible for the position of
mayor, the assessment rolls must show that the candidate owns immovable property to the value of $ro,ooo above encumbrances. For
alderman, property to assessed value of $2,ooo is required. Not only
must the assessment rolls show title to property so valued at the time
of election, but any such officer is subject to immediate removal, if at
any time during his term of office it can be proved that he does not
still possess the qualification.
Montreal's Debt. Montreal's funded debt at the end of i899
amounted to eighteen and one-tenth per cent of the total assessed valuation of all the taxable property on the rolls. This extraordinarily heavy
debt burden is largely caused by the undertaking of very extended
street improvements not justified by the rate of increase in the tax
rolls; and also because the tax rate upon immovable property is
limited to one per cent. As to the first cause. The street laws of
Montreal are peculiar in that the brunt of the burden of widening and
paving streets is borne by the city as a whole and not by the adjoining
property. Even after the reforms in this regard introduced in the
new city charter of 1899, the following unfavorable conditions
remain:
i. Expropriation of property and widening of any street may be
declared by a three-fourth's vote of the Council, with the approval of
the mayor, to be a general improvement. If so declared the costs are
met from the General Fund. Other widenings may be ordered upon
petition of a majority of the property owners and then the costs are
borne entirely by them. The assessment district plan appears to be
unknown. 2. In paving the streets it is permissive for the council to
order half the expenses to be borne by the adjoining property. As a
matter of fact it has never yet been done but the entire costs are paid
from the city's funds. 3. One-half costs of permanent sidewalks falls
upon property owners, one-half is assumed by the city. 4. For ordinary street mains and laterals the costs are borne entirely by the
property owners.
That in the main the responsibility for street improvements
is considered to rest upon the city is indicated by the fact that
it acts as a surety or endorser for property owners delinquent
in the payment of street assessments. Instead of forcing the contractors to obtain judgments through the courts it pays them the full
amount of the delinquencies by means of floating bond issues and
then itself sues. How serious a burden this is, is indicated by the fact
that on December 3I, 1899, the city was endeavoring to recover
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174    ANNALS OF THE AMERICAN ACADEMY


through the courts over $762,00ooo, due from owners and covered by
bonds.
What might be expected under this system actually happened. It
furnished the opportunity for the satisfaction of a wild craze for street
improvements which took hold of the city council in 1888 and did
not leave it until 1895. During that short period of seven years the
funded debt of the city rose from $II,270,101 to $25,o46,34I. No
large public improvements were undertaken outside of street work.
It is certain that the increasing valuation of real estate did not justify
the very large accretions to the city's debt and that the temptation
afforded by a system which so often obviated protesting property
owners and in many other cases appeased them by liberal assistance
from the city was one quite likely to result in lavish expenditures.
It may be claimed that as this over-liberality embodied itself in the
shape of permanent improvements it will in the end justify itself.
The trouble, however, is that it has piled up such a heavy debt
against a permanent fixed tax-rate, that the city since I895 has
had to be administered with destructive parsimony. Renewals
and repairs have not been made when they should, and the result
has been very costly to the city. In I896, two-fifths of the income
of the city went to meet interest charges on bonds. Besides that
it has not left opportunity for normal growth as the local conditions change. Improvements have been made in some quarters
years ahead of time while in fast-growing localities necessary betterments have been postponed to the indefinite future.  The rage
has been all the more costly because of the peculiar race condiditions. The east end of the city is practically a French section and
the west end an English-speaking section. There is still much
jealousy existing between the two sections and in the council the
only way it can be allayed is by balancing the improvements made by
the city in each quarter. If a street is widened or paved in one
quarter, that improvement must be offset by the widening or paving
of a street in the other quarter. Such a policy may furnish an object
lesson in diplomacy but it is not economical. Certain wise amendments have been made in the new city charter but it will be some
time before property owners are educated up to the new ideas. They
are realizing, however, that their heavy debt so suddenly increased is
responsible for filthy, unkempt, unswept streets, for sewers in bad repair, for a badly equipped fire department and for numerous other evils.
Revenues. The funded debt might not have increased to sucn
proportions had it not been that the city was committed to a one per
cent limit on the taxation of real property exclusive of school taxa limit maintained in the new charter. This is the chief tax imposed
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MUNICIPAL. GOVURNMENT


i75


but there are two other very important ones-a tax of 73 per cent
of the annual rental value of all occupied houses and buildings for
water rates and a tax of 73  per cent of the annual rental of business premises known as the business license tax. In the year I899,
these three taxes yielded the following sums:
i3( per cent on real property (general and school tax). $r,666,69o.77
Water Tax —7K per cent of annual rental values....  72I,036.32
Business License Tax-72 per cent of annual rental values (including personal property taxes)......  268,927.74
As to present financial condition. Under the terms of the new city
charter all the various funded debts were combined into the Consolidated Debt of $27,ooo,ooo. This was fixed as the permanent debt
limit until such time as that sum shall not exceed 15 per cent of the
assessed valuation of the taxable property of the city. Then 15 per
cent shall be the limit. As was indicated above, this point has not
yet been reached, the debt still exceeding i8 per cent of the total
valuation of real property which in I899 was $t49,248,485. In the
interim the council may issue bonds to a limited amount based on 10.
per cent of the annual increases in the assessment valuations from
year to year, for permanent improvements only. This power shall
cease when the 15 per cent limit above mentioned has been first
reached. The city council is also empowered to take a vote of the.
property owners as to whether bonds shall be issued for other special
purposes. It is doubtful if this power will be of much practical value
as the extravagance of preceding years in street improvements has
been followed by an absurdly extreme conservatism. Only a short
time ago a proposition submitted for the issuance of bonds to the
amount of $ioo,ooo for adequately equipping the Fire Department
was defeated at the polls, the total vote representing less than Io percent of the property owners-this despite the fact that fire insurance
rates have been advanced very heavily lately in the business section
owing to the condition of the department.
Havana.-Organization of the City Government.' The municipal.
government is regulated at present by the municipal law of 1878, with.
the amendments to the said law ordered from time to time by themilitary governor. The Municipal Council (Ayuntamiento) is composed of twenty-four councilmen (Concejales), being elected by
popular vote. Minority representation (limited vote) and the Australian ballot have been adopted. Electors registered in May, 9goI,
numbered 27,305. Voters at the municipal elections must possess the
following qualifications: (I) The voter must be a native male Cuban,
1 Contributed by Sefior don Antonio Govin, Professor of Administrative Law in:
the University of Havana.
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I76    ANNALS OF THE AMERICAN ACADEMY


or the son of a native male Cuban, born while his parents were
temporarily residing abroad, or a Spaniard included within the
provision of Article IX of the Treaty of Paris, who has not made
declaration of his decision to preserve his allegiance to the Crown of
Spain. (2) He must be of the age of twenty-one years or upward on
the day preceding the day of election. (3) He must have resided in
the municipality at least thirty days immediately preceding the first
day of registration; and in addition to the above he must possess any
one of the following qualifications: (a) Ability to read and write.
(b) Ownership of real or personal property to the value of $250,
United States currency. (c) Service in the Cuban Army prior to
July 18, I898, and honorable discharge therefrom, whether a native
Cuban or not. No person shall be qualified to vote who is insane or
an idiot, or who is a resident in, or supported by, any public charitable
institution, or who is deprived of, or suspended from, the exercise of
his political rights by sentence of a court, except in cases where the
conviction is for a crime of a political character. No person shall be
a candidate for office in any municipality, unless he is a qualified
elector of that municipality and is able to read and write.
Municipal Council. The term of office is one year and all the
councilmen retire from office at the same time (on July i). The office
is gratuitous, obligatory and honorary. At its first meeting the new
Municipal Council proceeds with the election of two councilmen who,
under the name of Advocate-Syndics (Procuradores Sinduos), are to
represent the corporation in all the suits which may be instituted in
the defence of the municipal interests, and revise and audit all the
local accounts and budgets. At its second meeting, the Municipal
Council fixes the number of standing committees into which it is to be
divided, entrusting to each one of them all the general business of one
or more of the branches which law places in its charge. There are
four committees: Budget and Accounts; Ways and Means; Urban
Police; Charities and Correction. The Municipal Council is a financial administrative body and may only exercise the functions entrusted
to it by law. The government and administration of all special
municipal interests are under its jurisdiction. It appoints and removes
all the employees and clerks paid with municipal funds and which are
necessary for the fulfillment of the services entrusted to it. The council has a secretary, selected by the corporation, which office is incompatible with all other municipal offices, the salary being $3,5oo a year.
The Executive. The mayor (Alcalde) is elected by popular vote.
The term of office is one year, the salary, $6,ooo a year. Five deputy
mayors (Fenientes de Alcalde) are selected by the Municipal Council,
from among the councilmen. The office is honorary. The mayor is
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MUNICIPAL GOVERNMENT


I77


the representative of the government and as such is to exercise all the
powers entrusted to him by the laws under the direction of the governor of the province in all that refers to the publication and execution
of the laws and general provisions of the Central Government. The
mayor, who is the president of the Municipal Council, bears its name
and represents it in all matters with the exception of the powers
granted to the Advocate-Syndics. Furthermore, as the chief of the
Municipal Administration, he has the following powers and duties:
to publish, execute and order the approved resolutions of the Municipal
Council; to suspend the execution of resolutions of the Municipal
Council when questions are involved which, according to law, do not
come under its jurisdiction; to direct all that relates to the urban and
rural police; to direct and supervise the conduct of all the employees
of the urban and rural police, punishing them with suspension from
office and salary, not to exceed thirty days; to exercise all the duties
proper to the office of supervisor and chief of the investment of
municipal funds and of its accounting system. Deputy mayors, in
their respective sections, should always act by delegation and under
the direction of the mayor. The city is divided into forty wards. In
each ward there is a prefect, who is appointed and removed by the
mayor. He must possess the qualifications of an elector.
Finance. There is a treasurer, elected by popular vote, with a
salary of $3,ooo a year. He draws up the annual budget, the report
of the Advocate-Syndic being required. The Municipal Board may
propose amendments to the budget. This body is composed of the
Municipal Council and of associate members in equal number with
councilmen, appointed from among the taxpayers of the municipal
district. The budget must be approved by the Municipal Council.
BudgetI9oi-o2. Expenditure: $2,248,197.83, United Statescurrency.
Revenue (main branches): municipal property, $139, 43.38; land tax,
$750,251.94; trade tax, $752,6oo. Tax rate, three per cent on rural
real property; nine per cent on urban real property. Debt, $I2,253,931.22. The collection and administration of the municipal funds are
in charge of the Municipal Council and take place through their
agents and delegates. The distribution and investment of the said
funds are resolved upon every month by the Municipal Council,
subject to the budget. Payments are ordered by the mayor.
Centralization. According to the Cuban constitution, there is no
relation between the city administration and the Republican Legislature. The local government is to be regulated by general laws. The
municipality is autonomous.
Population. The population of Havana according to the census of
I899 was 242,055.
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II. SOCIOLOGY.
The Theory of Imitation in Sociology.-In an article contributed
to the April number of Mind by Sydney Ball, and in another to
the May number of the American Journal of Sociology by Dr.
Ellwood, recent contributions to sociological literature are analyzed
and criticised. Dr. Ellwood considers the theory of imitation in
social psychology, and after discussing and comparing the work
of Professor J. Mark Baldwin and Mr. Tarde, he concludes that
the shortcomings of the theory of imitation as the method of social
organization and progress are: "(I) It cannot sufficiently explain
the manifest limitations in the process of imitation without introducing other factors in the method of development; (2) it creates
a gulf between human society and the societies of the animal world
which are organized upon a basis of instinct; (3) it makes no allowance for the process of natural selection to bring about gradual changes
in human society; (4) it rests upon no sufficient basis of ascertained
facts, but has apparently been built up by a fallacious method of reasoning. In general, our criticism of the imitation theory is that it
makes the social process something apart from the life process. It
does not link, in any definite way, the forces which are moulding
human society to-day with the forces which have shaped evolution
in the past."
Sydney Ball discusses current sociology based upon the recent contributions of Alengry, Tarde, Baldwin, Bosanquet and Giddings. He
considers the question ' Is it (sociology) really a science, or is it more
than a name for a science which may or may not some day come into
existence?" Giddings believes "that the time has come when its
principles, accurately formulated and adequately verified, can be
organized into a coherent theory." This the writer denies, claiming
that the contributions to sociological theory have been merely essays
"to find the handle of a science." Alengry comes out with a cry
back to Comte. He criticises Comte's point of view, claiming that
his great error consisted in emphasizing the laws of succession as
compared with those of coexistence. In the diverse character of the
sociological literature of the present the author finds the only thing
in common to be the rejection of the biological method. Emphasis is
now put upon the psychological interpretation of social phenomena,
and the writer devotes considerable attention to Baldwin and Tarde.
The work of the latter is mentioned as a protest against the identification of sociology with the philosophy of history. The work of the
psychological school is described as an endeavor to find a unifying
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I79


principle to which the complex social phenomena may be reduced.
Tarde looks for imitation to do for sociology what the infinitesimal
calculus does for mathematics. Giddings finds the fundamental
sociological element to be consciousness of kind. The writer argues
that the theories based upon imitation or consciousness of kind are
theories rather of association, or of contact between individuals, than
of society as such or of society organized as a state. " The process of
social organization is not one of imitation, but of adjustment of members in and to a social whole." In answer to the question propounded
at the outset the author concludes that " a careful study of professedly
sociological literature, interesting and suggestive as it often is, has
only confirmed my conviction that sociology has still got to make
good its scientific pretensions, and more especially its claim to absorb
ethics and economics, to say nothing of other studies."
After such a careful canvass of sociological literature one is not a
little disappointed at the conclusion expressed by the writer. The
answer to the question as to whether sociology is or is not a science
naturally depends upon what we mean by science. The representatives
of the so-called exact sciences have always doubted the propriety of
dignifying by the name of science any other body of knowledge
than that represented by themselves. As a matter of fact different
degrees of certainty exist in different fields of knowledge, and the
degree of certainty necessary to delimit "science " from speculation is
a question of terminology, that is an academic question of little or no
consequence. Sociology is now going through the stage which all
sciences have or must pass through. It is generally recognized that
there is a great field for investigation here, and that the most successful methods employed must be determined by a process of
elimination. This process is going on now in sociology, and to a
greater or less extent in all sciences. There is nothing new in this, and
it is to be regretted that so much effort is wasted in an endeavor to
determine whether sociology is or is not a science. In this connection
it is interesting to compare the aims of the writers of the articles just
considered. Dr. Ellwood considers a contribution to sociological
theory, endeavors to give it due credit, and criticises its shortcomings
without bothering himself about whether sociology is or is not a
science. Mr. Ball considers contributions from different schools of
sociology, endeavors to state their shortcomings, and then upon the
basis of this he solves the problem for himself as to whether sociology
is or is not a science. Granting that sociological investigations will
be pursued until it is generally agreed that sociology is a science, it is
not at all likely that future writers will waste much effort in determining at just what stage their study achieved its enviable position.
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The Gaming Instinct is the title of an excellent article by Dr. W.
I. Thomas, in the May number of the American Journal of Sociology. Locomotion is described to be "primarily to enable the
animal to reach and grasp food, and also to escape other animals
bent on finding food." With "the survival of the most efficient
structures," there is developed on the psychical side an interest
in the conflict situation as complete and perfect as is the structure
itself." Further on we are told that "there could not have been
developed an organism depending on offensive and defensive movements for food and life without an interest in what we may call a
dangerous or precarious situation."  Since the cultural period of life
is short in comparison with the prehistorical epoch, there has been consequently but little structural change in the organism to be recorded.
The experience of the reader is appealed to as evidence that conflicts such as matches, games and fights contribute our chief amusements. In frontier districts feuds are still resorted to, not so much
because there are no other means of settling disputes, but because they
are the most interesting methods. In the development of culture,
when skill and cunning came in to supplement brute force in combats
the interest was in no wise diminished. In social rather than in individual contests an increasing interest centres. The aim in mechanical
inventions is to secure an advantage over nature, and primitive man
took almost as much interest in them as in the direct contests themselves. From this point of view the interests of such men as Newton,
Helmholtz and Darwin are considered to be identical with those of
the inventors of primitive force appliances.
As long as man was in a state of nature his activities were not
irksome. The new adjustments which the scarcity of game and the
density of population brought about, made his activities more mechanical, habitual and tiresome, but his existence became less precarious.
While the habits of industrial society are painful, the consumption of
the products of labor is pleasurable. How superficial these race
habits are may be seen in the occasional relapse of rich men's sons
with the removal of the pressure of need. Tramps and criminals have
failed to adjust themselves. Gambling is fascinating because it keeps
up conflict activity without drudgery. In business the gaming instinct
is expressed in the preference for work where shrewdness is involved,
and where there is great uncertainty of success. The gaming instinct
is still more expressed in practically monopolizing man's attention
during periods of recreation. The article is suggestive and interesting
throughout.
The Mathematical Method and von Thiinen.-At the International Congress of Instruction in Social Sciences held at Paris last
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SOCIOLOGY


year, Dr. Leon Winiarsky, of the University of Geneva, read an inter —
esting report on the Teaching of Theoretical Economics in Switzerland. Dr. Winiarsky maintains that Cournot was the first rigorously
scientific economist, inasmuch as Cournot, in 1838, first clearly indicated the application of the mathematical method to political economy. Although the matter of priority on this point is scarcely of
primary scientific importance, yet credit should be given to whom
credit is due; Johann Heinrich von Thiinen certainly deserves to be
mentioned with Cournot, and perhaps before Cournot, as introducing
mathematical methods of investigating social problems.
The first edition of the first part of Thiinen's remarkable "Isolirter
Staat in Beziehung auf Landwirthschaft und Nationalokonomie"' was
published in i826. It was characterized by all the essential qualities
which since then have earned for its author the uniform appreciation
and praise of the historians of economic doctrine. As Rodbertus
declared, "von Thiinen brought two things into political economy:
figures, and formula, and heart; he united the most exact method with
the most humanitarian sentiments-gifts which are rarely joined."
Far more important, however, than Thiinen's methodological attitude, is the nature of the theories to which his formulae led him. In
an essay published in I896 on Thiinen's theory of value, I attempted to
show that he not only, with the aid of mathematics, developed the
theory of final utility in all its essential parts as determinative of economic value, but proceeding further upon this theory as a basis, built up
a complete doctrine of distribution, including theories of rent, wages,
interest and profit-theories which bear a remarkable likeness to the
doctrines propounded by modern economists of the marginal utility
school.
The historians of economic doctrines have generally made no mention of these Thiinen theories; they have, as a rule, confined themselves to a eulogious mention of his more accurate formulation of the
Ricardian land-rent theory and a cursory criticism of Thiinen's theory
of ideal wages. Indeed, some of them, like Roscher, have confused
Thiinen's theory of ideal wages (wages as they would be regulated in
an ideal economic state) with his entirely different and independent
theory of actual wages, as they are determined under existing circumstances.1
Contributed by Dr. C. W. A. Veditz, Philadelphia.




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III. PHILANTHROPY, CHARITIES AND SOCIAL
PROBLEMS.
Accident Insurance in Holland.-The American Minister at The
Hague reports to the Department of State a measure which has passed
the States General of the Netherlands and has received the royal
sanction providing that employers in certain branches of labor shall
insure their employees against pecuniary losses consequent on accidents which may happen to them in the execution of their trade.
The costs in the first instance are advanced by the State Treasury.
The employer, however, is to contribute according to the class in
which his trade is placed toward the working expenses of the State
Insurance Bank in proportion to the wages of his employees.
Attachment of Wages in France.-The French Office du Travail
has supplied one of the American Consuls with information concerning the attachment of workingmen's wages in that country. The
Minister of Commerce has recently had occasion to make an inquiry
among large employers as to their opinion of the law now in force on
the subject under which law the wages of workmen can be attached
only to one-tenth of their amount Some of the employers were in favor
of entirely abolishing the attachment of workmen's wages, in view of
the fact that, no matter how simplified the mode of procedure might
be, the costs are heavy and are at the charge of the debtor. It appears
that the expense sometimes reaches one thousand per cent of the
amount involved. Many of the replies received by the Minister of Commerce insist upon the pecuniary and moral advantages which would
result from the decrease of credit if the possibility of attachment were
removed. The facilities and temptations of spending would be much
reduced and the workmen would learn habits of order and economy.
Those in favor of the law argue that the attachment of wages is the
financial basis of credit for the workman. Out of 817 replies 69 only
were in favor of maintaining the law as it stands; 57 more were in
favor of maintaining the law, but proposed other reforms; for
instance, that the attachments should be possible only for debts
contracted for necessities.
Recent Appointments in Charitable Societies.-Among recent
appointments in charitable agencies have been the following:
Mr. Charles F. Weller, General Secretary of the Associated Charities
of Washington, D. C.
Mr. Lawrence Veiller and Mr. James P. Jackson, Assistant Secretaries of the New York Charity Organization Society, the former in
special charge of the work of the Tenement House Committee, and
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CHARITIES AND SOCIAL PROBLEMS


i83


the latter in special charge of the work of the Committee on Dependent Children.
Mr. S. H. Stone, Superintendent of the State Board of Children's
Guardians of New Jersey.
Dr. William H. Allen, Secretary of the New Jersey State Charities
Aid Association.
Dr. S. H. McLean, Superintendent of the Illinois State Asylum for
Feeble Minded Children.
C. and N. W. Pensions.-The Chicago and Northwestern Railway
Company have adopted a plan for pensioning employees who have
fulfilled certain conditions, entirely at the expense of the company.
In this respect it is unlike all beneficiary or insurance plans to which
employees are contributors.
The plan provides for the retirement upon a pension of all employees
seventy years of age or older, who have been at least thirty years in
the service of the company. All employees sixty-five years of age and
under seventy, who have been employed by the company for thirty
years or more, and who may become incapacitated, may be retired and
pensioned at the discretion of the company's pension board.
The amount of the pension will depend upon the length of service
and the amount of pay received by the employee. The monthly allowance to each pensioner will be for each year of service one per cent
of the average regular monthly pay for the ten years next preceding
retirement. Thus no person will receive less than thirty per cent of
his salary. A man whose average monthly pay for the ten years next
preceding his retirement was $ioo, and the years of whose service
were 31.5, would receive a monthly pension amounting to 3i.5 per
cent of $IOO, or $31.50.
flunicipal Sanitation in the United States.-Dr. Charles V.
Chapin, the Superintendent of Health, of Providence, R. I., has just
published a book of some nine hundred and fifty pages on " Municipal
Sanitation in the United States." This book is comprehensive in its
scope, and should be of value to local health officers in different parts
of the country as well as to all persons interested in sanitary matters.
Among the different topics dealt with are the following: The best
methods of collecting and keeping birth, marriage and death statistics; methods of dealing with nuisances of every kind; full references
to the different laws in different states throughout the country, in
many cases with samples of the blanks and forms used in the different
health departments. One chapter is given up to the subject of organization of boards of health and similar bodies; another to the question
of plumbing, going into plumbing codes, the licensing of plumbers,
state and municipal laws, etc.; another deals with the question of
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x84    ANNALS OF THE AMERICAN ACADEMY


water supply, impurities of water, municipal ownership, river pollution, sewage disposal, etc.; another is given up to the inspection of
food supplies and the question of adulterated food; while another
entire chapter is devoted to the question of dairy products, milk inspection, etc.
Boards of Children's Guardians in Indiana.-The legislature of
Indiana has passed a bill authorizing the establishment of Boards of
Children's Guardians in all counties of the state. Such boards have
been in existence in the four largest counties of the state, but their
establishment has heretofore been limited to the four counties having
a population of more than fifty thousand. Each board is to consist of
six persons, three of whom shall be women. They are to be appointed
by the County Circuit Court and serve without compensation. Their
duties are very similar to those exercised elsewhere by societies for the
Prevention of Cruelty to Children.
Special Schools for Crippled Children.-Superintendent B. G.
Cooley, of the public schools of Chicago, states that there are two hundred crippled children in that city, of whom but forty are at present
receiving instruction. It is the hope and intention of the Board of
Education to provide schools which may be accessible to all these unfortunates. At present there is one school of this kind, consisting of
three rooms, and having a membership of forty-three pupils. The
children are transported to and from the school by means of 'busses furnished by the Board of Education. The teachers have general supervision of the physical wants of the children. Similar facilities are
already provided also in New York, but not as a part of the public
school system.
The Casier judiciaire in France.-Ferdinand Dreyfus, who is a
leader in various philanthropic societies in France, has published a
recent volume entitled Misares Sociales et Atudes Historiques, in
which he pays much attention to various aspects of crime and mendicity; he writes not as an indifferent observer, but as one who is
practically grappling with the problems he discusses. One chapter is
devoted to the Casier judiciaire, the technical term in French for the
judicial record of every citizen. Whenever a French citizen is condemned to any penalty by a tribunal the clerk sends to the court of
the place in which the person was born a statement of the offence and
the penalty. This is filed alphabetically for ready reference. Any
future condemnations are recorded on the same paper, so that the
criminal record of any person may be seen at a glance. This method
is of undoubted value for police purposes, and also in giving the
judges the information they need as to the previous career of any
accused person. But the record, having been hitherto accessible to
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CHARITIrS AND SOCIAL PROBLEMS


I85


the public, has been used greatly to the detriment of men who have
made mistakes in early life. The public has not been permitted to
forget it in later years. Many pathetic instances are related by Mr.
Dreyfus of the way in which lives have been blasted through the persecutions made possible by access to the Casier judiciaire. Recent
changes have been made in the law for the protection of discharged
prisoners who have become re-established in society and are living
honorable and industrious lives. Under the revised law the original
information is accessible only to certain designated authorities, and
when a discharged prisoner, or one placed on probation, has lived a
certain time without incurring a new condemnation he may be restored
to his full rights as a citizen and the early record may be effaced.
College Settlement Fellowship.-The College Settlements Association has established a fellowship of $4oo for the year I90-o02. The
object of this fellowship is to open to a well-qualified person the opportunity afforded by settlement life for investigation of social questions
or for training in philanthropic and civic work, or both. No requirements are made beyond residence in a settlement during the academic
year, and the pursuit of some clearly-defined line of work, scientific
or practical, under the general guidance of a special committee of the
association and of the headworker of the settlement selected. The
time may, with the approval of the association, be divided between
different settlements. The Fellowship is awarded solely on the basis
of the promise of future usefulness. Miss E. G. Balch, Prince Street,
Jamaica Plain, Mass., is Chairman of the Committee in charge of the
Fellowship.
Psychopathic Hospitals.-Minnesota has taken the lead in establishing a detention hospital for doubtful cases of insanity. A psychopathic hospital of this kind will be likely to have doubtful cases which
are of great clinical interest, requiring careful observation and treatment.
There is a proposition to turn over the detention hospital, which is
now attached to Bellevue Hospital in New York City, to the State
Lunacy Commission with the purpose of affording the Commission a
similar opportunity for clinical study of doubtful cases, but Dr. P. M.
Wise, late president of the Lunacy Commission, in a letter to the
Charities Review for June, attacks this measure.
The National Conference at Washington.-The National Conference of Charities and Correction, which convened in Washington, D.
C., May 9-15, was attended by more than six hundred registered
delegates. The papers and discussions in all departments of the work
of the Conference were interesting and profitable; and the Conference
as a whole must be regarded as one of the most successful yet held.
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i86    ANNALS OF THE AMERICAN ACADEMY


The exceptionally intelligent conception of the function of the Conference shown in the address of welcome delivered by Honorable H.
B. F. Macfarland, president of the Board of Commissioners of the
District of Columbia; the election of the Chinese minister to honorary life membership in recognition of his address at the closing
session; and the appointment of a committee to co-operate with the
Census Bureau in securing such modification of the law as will permit
the collection of statistics of charities and corrections, are among the
incidents of the Conference worthy of special mention.
At the opening session the principal addresses were delivered by Rev.
S. G. Smith, of St. Paul, and Mr. Jacob A. Riis, of New York. Dr.
Smith sought to demonstrate that environment, i. e., physical
environment, has been "overworked," as accounting for degeneracy,
and insisted upon the psychical features of the environment as of
greater moment for good or for ill.
In the conference sermon, Rev. George Hodges traced the coming
of the Era of Compassion. The heart of the new progress was
declared to be the recognition of the individual. The essential thing
is friendship. The chief thing that can be accomplished by the
discussions of the Conference is the betterment of friendship, so that
men shall go back to their work in a more fraternal spirit, putting
their hearts into it, and lifting up those who are down, as Jesus did,
by giving them a friendly hand.
One of the most useful features of the national conference is the
reports from states prepared by Mr. H. H. Hart, the secretary of the
conference, in correspondence with state secretaries throughout the
United States and Canada.
The Charities Review for June contains a concise report of the
Washington Conference, and a summary of the charity legislation of
the current year.
State Activities in Relation to Labor.-Dr. W. F. Willoughby,
of the United States Department of Labor, has revised and brought
into a single monograph various reports and papers on the subject of
state activities in relation to labor in the United States, and has published them as one of the Johns Hopkins University Studies in Historical and Political Science. The papers constituting this monograph
present in an interesting way the action of the American states in relation to labor.
This action is divided into two distinct classes, viz, one in which the
intervention of the state is limited to the mere enactment of laws, and
that in which the state itself undertakes through the executive branch
of its government to perform certain work. The present monograph
is restricted to a consideration of the second of these two classes. The
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CHARITIIS AND SOCIAL PROBLIMS


I87


chapters deal successively with Bureaus of Statistics of Iabor, Employment Bureaus, the Inspection of Factories and Workshops, Regulation of the Sweating System, the Inspection of Mines and Industrial
Conciliation and Arbitration. The most important fact noted in the
legislation of all of the states in connection with the last mentioned
subject is that not the slightest attempt has been made to introduce
the principle of compulsory arbitration. Although the Boards of
Conciliation and Arbitration have not obviated strikes and may even
not have been as effective as it was hoped that they would be, the
author appears to share the general opinion that the boards have
proven to be useful institutions. The following estimate is quoted
with approval:
"They (the boards) accomplish much more than they actually
decide. Their work is largely preventive. They remove the last
excuse for gratuitous resort to industrial warfare by employer or employee. They lend official dignity to all important principles of
peaceful negotiation. They menace the guilty with the displeasure
of public opinion, which is nowadays more and more backed by
money as well as morals, and they strengthen the weak with the hope
of aid against oppression. They stand for a generous recognition of
industrial liberty as opposed to class theories of compulsion. In the
official organ of impartial investigation they also remove the last
excuse for unwise and unintelligent meddling on the part of public
opinion."
The New York Summer School in Philanthropic Work.-The
Summer School in Philanthropic Work, conducted by the New York
Charity Organization Society, closed its fourth annual session on
July 26. The course, which continued six weeks, included a series of
morning addresses, in which specialists from leading cities took part,
practical studies into social conditions in New York City, visits to
families, under the direction of the agents of the Charity Organization
Society, visits to typical institutions illustrating the topics discussed,
and the preparation of a series of reports by members of the school
upon the several problems involved in charity work. Among the
speakers who presented the point of view of the Charity Organization
Society were the general secretaries from several cities: Miss Zilpha D.
Smith, of Boston; Mr. Frederic Almy, of Buffalo; Miss Mary E.
Richmond, of Philadelphia; Miss Mary Willcox Brown, of Baltimore.
From the point of view of state boards and departments: Dr. Jeffrey
R. Brackett, president of the Department of Charities and Correction
in Baltimore; Honorable John W. Keller, president of the Department
of Public Charities in New York, and Mr. Robert W. Hebberd,
secretary of the State Board of Charities, New York. From the point
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of view of care for neglected and delinquent children: Mr. Homer
Folks, Mr. Charles W. Birtwell, Mr. Charles Loring Brace, Mr. H. H.
Hart, Mrs. Glendower Evans, and Mr. David Willard. From the point
of view of societies organized for a specific purpose: Mr. Frank
Tucker, superintendent of the New York Association for Improving
the Condition of the Poor; Dr. Lee K. Frankel, secretary of the
United Hebrew Charities, and Dr. David Blaustein, superintendent of
the Educational Alliance. From the point of view of medical charities:
Dr. John S. Billings, Dr. George B. Fowler, Dr. William Hallock
Park. From the point of view of churches in charity work: Dr.
William R. Huntington, D. D., rector of Grace Church; Rev. Henry
Mottet, D. D.; Rev. John B. Devins and others. Mr. Charlton T.
Lewis spoke on " The Means of Effective Reform in the Lives of
Prisoners," and Mr. Robert W. deForest upon "The Extension of
State and Municipal Action Involving the Welfare of the Crowded
Sections." The students, thirty-four in number, came from seventeen cities in fourteen different states; half of them are graduates
from colleges and universities and the other half have had practical
experience in philanthropic work, six coming from settlements and as
many more from the district work of the Charity Organization
Societies.
The school marks a step in the advance of philanthropy as a profession. During recent years a large number of young men and women
who have imbibed a broad interest in social conditions from the universities, have given their lives to practical work among the poor in
the tenement districts, either as settlement residents or as agents of
charitable societies. That these and all new workers in philanthropy
need special training has become more and more apparent. The fact
that so large a number, usually at their own expense, came to New
York for even the brief course of six weeks which was offered in the
summer school, shows that to this extent the new workers themselves,
even college men and women, feel the inadequacy of their preparation.
The task of adjusting the needy family to its environment so that it is
lifted from degradation and becomes self-supporting and of good
habits, is a deliberate one, for which preparation is needed of the same
stern type that the physician needs to fit himself for practice among
the sick. The learner should have at least two years of training under
experienced agents, before undertaking unaided the responsibility of
solving the intricate problems in the families before him, or conducting
the complex affairs of a charitable society. When one considers how
varied are the needs of the poor, involving their character as well as
their material help,-for no improvement is permanent unless it is a
character improvement,-and the extent of the problems involved in
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I89


the care of the poor, thirty million dollars having been expended last
year for charitable work of various kinds in New York State alone,
the need for this training becomes evident. It is hoped that the
present summer school may grow into this larger movement and that
the means for it may be provided.
The persons registered in the school this summer and their topics
for special report were as follows:
Miss Mina L. Acton, New York City: Charitable Agencies Needed
in New York. Dr. William H. Allen, Philadelphia: New York State
Charities Aid Association. Miss Anna Lowell Alline, New York City:
Financial Management of Charitable Institutions, with Special Reference to Hospitals. William R. Camp, Palo Alto, Cal.: The Causes of
Dependence. Joseph Aubrey Chase, Brooklyn, N. Y.: Employment
and Industrial Agencies. Sister Dora Dawson, Brooklyn, N. Y.
Miss Emily W. Dinwiddie, Greenwood, Va.: Conditions among the
Negro Population in New York City.   Mrs. E. E. Dreyfous, New
York City: The Conditions of Failure and Success in Volunteer
Friendly Work among the Poor. Miss Elizabeth Dutcher, Brooklyn,
N. Y.: The Part of the Church in Charity Work.  Miss Caroline M.
Eichbauer, New York City: Treatment of Families in Emergent
Need. Mrs. William Einstein, New York City: The Topics in a
Course of Philanthropic Study. Miss Elizabeth LeBaron Fletcher,
Amherst, Mass.: Homes for Working Women. Professor J. C. Freehoff, LaCrosse, Wis.: Report upon a West Side Tenement Block.
Miss Laura B. Garrett, Baltimore, Md.: A Study among the Italians
in New York City. Miss Laura E. Gilman, Boston, Mass.: Immigration, with Special Reference to Italians. Miss Bertha Adeline Hollister, Winter Park, Fla. Miss Edith C. Irwin, New York City:
Causes of High Rents in Tenement Houses in New York City.
Richard H. Lane, New York City: A Study of Delinquent Children.
Eugene T. Lies, Buffalo, N. Y.: A Study of Neglected Children. Mrs.
Mattie J. Megee, Philadelphia: Some Methods of Investigation and
Decision in New York. Edwin A. Palmer, Chicago, Ill.: Municipal
Care for Vagrants. Daniel Lawrence Peacock, Richmond, Ind.: The
Education of Immigrants. W. Frank Persons, New York City: The
Department of Charities in the City of New York.  Rudolph R.
Reeder, New York City, Mrs. Clara L. Reeds, New York City:
Social Conditions in the Twenty-third and Twenty-fourth Wards.
Miss Anna E. Rutherford, Baltimore, Md.: Methods of Placing Out
Children as Seen in New York. Miss Mary Buell Sayles, Montclair,
N. J.: A Study of the Syrian Population in New York. Mrs. Anna
McCune Schenck, St. Louis, Mo.: Medical Charities. Mrs. Nettie C.
Schwerin, New York City; A Brief Survey of the Street in Which the
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Hudson Guild is Located. Miss Lily E. Taylor, Toronto, Can.: The
Co-operation of Churches in Charitable Work.  Miss Helen D.
Thompson, New York City: A Study of the Twentieth and Twentysecond Assembly Districts. Miss Zaidee M. VanBoskerck, Plainfield,
N. J.: The Relation of the Government to the Poor in Small Cities.
Miss Mary Verhoeff, Louisville, Ky.: The Savings of the Poor. Miss
Jessie J. Wheeler, Cincinnati, 0.: Burials among the Poor. J. O.
White, Boston, Mass.: A Study of a Tenement Block on the West Side.
For a portion of the course: Miss Mary Morrison, New York City.
The Warfare Against Consumption.-Among the significant
indications of increased activity in the crusade against tuberculosis is
the establishment of two periodicals, one in Germany and one in
England, devoted exclusively to this subject. The Zeitschrift fur
Tuberkulose und Heilstattenwesen publishes original scientific articles
on the medical aspects of the disease and notes upon its literature, and
records progress in the establishment of sanatoria and other agencies
for checking the ravages of the disease.
Tuberculosis, the journal of the (British) National Association for
the Prevention of Consumption, is of a more popular character and is
perhaps on that account more useful since an essential feature of the
present campaign is the alliance between medical and lay agencies
in the securing of suitable legislation and the formation of sound
public opinion. In the medical profession itself there is the greatest
possible contrast between the spirit of utter hopelessness which prevailed twenty-five years ago and the present prevailing note of hopefulness as to the curability of the disease and the possibility of
removing it from the class of epidemics as completely as smallpox
and cholera have been removed.
There is abundant evidence of a widespread interest in the subject
at the present time, but unfortunately there is as yet little practical
result in the United States so far as the adoption of definite preventive measures are concerned. Dr. John H. Pryor, of Buffalo, has
summed up in cogent phrases the duty of the state, declaring that it
should care for the consumptive at the right time, in the right place,
and in the right way until he is cured, and not as at present, at the
wrong time, in the wrong place, and in the wrong way until he is
dead.
The Congress on this subject held in London in July, was notable
for the declaration by Dr. Robert Koch, to whose discoveries is due so
much of the recent progress in the treatment of tuberculosis, that the
disease is not communicated to human beings by means of meat or
milk-a view not shared by other equally competent authorities.
The Legislature of Connecticut had under consideration, during its
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CHARITIrS AND SOCIAL PROBLEMS


I9I


long session, a proposition for the establishment of a hospital for the
treatment of incipient cases, and seemed repeatedly on the point of
taking favorable action on the measure; it was finally decided, however, to appropriate $25,000 to a Hartford hospital instead, and this institution is to erect a special building on the pavilion plan. It is now
two years since a preliminary appropriation was made for the establishment of a similar hospital in the Adirondacks, but disgraceful political and selfish considerations have delayed its actual erection.
The Commissioner of Immigration has decided to attempt to exclude consumptives in early stages, as well as those whose disease is
well advanced, the latter having been excluded under earlier rulings
usually on the ground that they are likely to become public charges.
It is doubtful whether this decision will have any other practical effect
than to advertise still further the dangerously contagious character of
the disease, and thus perhaps impose additional hardships upon those
who are suffering in incipient stages, and who are not provided with
the means for seeking a cure under favorable conditions.
In the same class of doubtful expedients should be placed the decision of the New York State Health Department, to take an enumeration of the people in the state afflicted with tuberculosis. No such
census can possibly approach completeness, and there is ample knowledge already to justify far more radical action by state and local governments than is likely to be taken.
Among the positive contributions of private philanthropy to the
real remedy, especial notice is due to the opening of the Country
Sanitarium for Consumptives, maintained by the Jewish Montefiore
Home of New York City. The sanitarium will accommodate one
hundred and fifty patients, and while the situation is within less than
two hours' ride of the city it has all of the climatic conditions essential
to the proper treatment of the disease.
The Tenement House Exhibit at the Pan-American Exposition.-The beauty of the exterior of the Pan-American Exposition
so far overshadows all of its other features, except its remarkable
array of amusements, that comparatively little attention is likely to be
given to its serious exhibits.
Hidden away in an interior enclosure in the building devoted to
Manufactures and Liberal Arts, there is a very creditable charities
exhibit representative of all of the great groups of charitable activities
and geographically of nearly all sections of the United States. Hospitals, children's institutions, almshouses, homes for the aged, institutions for the insane, relief societies and charity organization societies
are all in evidence.
Immediately adjoining is an interesting exhibit of sanitation,
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hygiene and housing conditions. The most conspicuous feature of
this department, as of the corresponding section at the Paris Exposition, is the exhibit of the Tenement House Committee of the
Charity Organization Society of the City of New York.
This exhibit includes three models(I) A block of existing tenement houses in the city of New York,
as it stood on January I, I9oo.
The block bounded by Chrystie, Forsyth, Canal and Bayard streets,
containing 39 tenement houses, with 605 different apartments for
2,781 persons. Of these 2,315 are over five years of age, and 466
under five years. There are 1,588 rooms, and only 264 water closets in
the block. There is not one bath in the entire block. Only 40
apartments are supplied with hot water. There are 441 dark rooms,
having no ventilation to the outer air and no light or air except that
derived from other rooms. There are 635 rooms getting their sole
light and air from dark and narrow air-shafts. During the last five
years there have been recorded 32 cases of tuberculosis from this
block, and during the past year 13 cases of diphtheria. During the
past five years 665 different applications for charitable relief have come
from this block. The gross rentals derived from the block amount to
$II3,964 a year. This block is not one of the worst in the city, but
merely typical.
(2) A block of typical tenement houses built in accordance with
the laws in force January I, goI9, showing almost the entire block
occupied by these buildings. Each tenement house in this block
contains accommodations for four families on each floor, in fourteen
rooms, making 22 families in each building, and 704 families in the
whole block, a total of 4,000 persons in the block. The new tenement
house law, just passed as a result of the work of this committee,
prevents the erection of such buildings in the future.
(3) A model of an entire city block of model tenements designed
by Ernest Flagg, architect, 35 Wall street, New York, showing large
courts for light and air. Three different groups of improved tenement
houses have been built on this plan in New York City, one located in
Sixty-eighth street west of Tenth avenue, another located in Sixtyninth street west of Tenth avenue, and a third located at Forty-second
and Forty-first streets and Tenth avenue.
Another portion of the exhibit consists of two winged frames
containing photographs illustrating tenement house conditions in
America. These photographs show first some views of the Tenement
House Exhibition held by this Committee in New York in February,
19oo. Then follow pictures of the different model tenement houses
which have been erected in New York City; the Tower Buildings of
[380]




CHARITIES AND SOCIAL PROBLEMS


I93


Mr. Alfred T. White in Brooklyn, erected in I878; the Riverside
Buildings of Mr. White in Brooklyn, erected in I890; the buildings
of the Improved Dwellings Association, at Seventy-first street and
First avenue, erected in 1879; the City and Suburban Homes Company's buildings, at Sixty-fourth street and First avenue, erected in
I899, and at 217-233 West Sixty-eighth street, erected in i896.
Following the model tenements in New York are shown photographs of old bad tenement houses which have now been.destroyed,
and following these are a series of photographs, showing existing bad
conditions in New York's tenement houses, illustrating the small,
dark, narrow, unventilated air shafts, the evils of lodgers in the tenements, unsanitary "back to back" rear buildings, playgrounds in
tenement districts, street scenes in tenement districts, and other views
illustrating similar conditions in New York City.
The rest of the exhibit illustrates housing conditions in other
American cities, beginning with Boston and showing first the different model tenements in that city. Then follow a few photographs
showing typical bad housing conditions in Boston. Following these
are shown the typical and the worst housing conditions in the following American cities: Albany, Baltimore, Buffalo, Cincinnati, Cleveland, Dayton, Chicago, Detroit, Hartford, Kansas City, Oakland,
Philadelphia, Pittsburg, Providence, San Francisco, St. Paul, Washington and Wilmington, Del.
The exhibit closes with a number of photographs illustrating different model small houses, most of which have been built by employers
for their employees, the houses of the Willimantic Linen Company,
at Willimantic, Conn.; the Howland Mills Corporation, at New Bedford, Mass.; the Washington Sanitary Improvement Company, at
Washington, D. C.; the Industrial Colonies of the Baron de Hirsch
Fund, at Alliance and New Orange, N. J.; the houses of the S. D.
Warren Company, at Cumberland Mills, Me.; the exhibit concluding
with the model houses of the Draper Company, at Hopedale, Mass.
The Tenement House Committee of the Charity Organization
Society of New York City is a special committee of that society which
seeks to improve the living environment of the working people by
providing proper living accommodations. It seeks to accomplish this:
(I) by securing the enactment of wise restrictive legislation prohibiting the erection of bad types of houses and by seeing that such legislation is enforced; (2) by encouraging the building of improved
tenement houses as commercial enterprises; and (3) by presenting a
study of the tenement house problem in such a way as to arouse the
community to the necessity for reform. Through the efforts of this
committee the state appointed the Tenement House Commission of
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194       ANNALS OF THE AMERICAN ACADEMY
1900oo to investigate this subject in New York and Buffalo, and the new
Tenement House Law, which has just been passed through the
efforts of the legislature and Governor Odell, is one of the results of
this committee's work.
Bad housing conditions have resulted in nearly every case in different communities because of failure on the part of the community to
appreciate the fact that these conditions were growing up around
them and that the consequences would be serious. Had the conditions been met in time, the serious consequences could have been
prevented. It is important for every growing city in this country to
see to it that housing conditions such as are shown in the models and
photographs in this exhibit, and which exist in New York, shall not
be allowed to grow up in their community.
Persons desiring to take steps to prevent the growth of bad housing
conditions in any city will find the Tenement House Committee of
the Charity Organization Society ready to assist them in any way in
their power in helping to check the growth of these bad conditions,
and for that purpose should communicate with Mr. Lawrence Veiller,
Assistant Secretary of the Society, at 105 East Twenty-second street,
New York City.




COLONIES AND COLONIAL GOVERNMENT


I95


IV. COLONIES AND COLONIAL GOVERNMENT.
Porto Rico.-A little over a year has now passed since the system
of government for Porto Rico, established by the law of April 12, 1900,
was put into operation, and the first annual report of the governor
shows a remarkable record of progress achieved during this time. As
provided by the law of I9oo, the most important powers of government are vested in the executive council, and the work of that body
during the past year has necessarily been of a decisive character in
determining the precedents for future years. One of the principal
powers conferred upon the council was the granting of franchises, subject to congressional approval, and during the last year over fiftythree applications for important public concessions have been submitted,
covering railroads, wharves, water rights, telephones, tramways, telegraphs, ferries and automobile lines. Comparatively few have as yet
been granted. The most important of this class of questions which
has recently been decided by the executive council is the franchise of
the so-called French Railroad Company. The company enjoyed a
government guarantee of an 8 per cent dividend upon the cost of construction under the Spanish regime. This guarantee was discontinued
by the United States, and it became necessary to make a complete
readjustment of the relations between the company and the insular
government. The importance of the railroad to the economic development of a large part of the island was recognized by the
executive council, but, on the other hand, the council did not feel
justified in continuing a guarantee which would in all probability
prove a serious burden to the finances of the insular government.
After protracted negotiations a plan was agreed upon to the satisfaction of both parties. The company has reorganized as an American
corporation and has waived all claims for guaranty of its dividend,
in return for which it has been exempted from taxation for twenty-five
years, has received franchises for the construction of branch lines and
a lease of land in the city of San Juan for fifty years at a nominal
rental. In the meantime a new company, with American capital, has
secured the necessary franchise for a railroad and is planning to
begin construction work in the near future.
In the administration of justice an important advance has been
made by depriving the mayors of municipalities of their jurisdiction
in criminal cases and establishing police courts, one in each municipality. Until the last session of the legislature persons arrested for
petty offences were tried before the mayors of the various municipios.
This led, it was claimed, to the introduction of politics into the
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x96    ANNALS OF THE AMERICAN ACADEMY


trial of such petty criminal cases; the legislature has accordingly provided for a system of police magistrates for the trial of such cases.
The magistrates are appointed by the governor, one in each of the sixtyseven municipalities, and are thereby removed from the disturbing
influences of local politics. In addition to these magistrates' courts
there are municipal courts with a limited jurisdiction. The island is
also divided into five judicial districts, with a district court composed
of three judges in each district. The decisions of these courts may be
reviewed by the Supreme Court of Porto Rico sitting as a court of
cassation. A large majority of the cases coming before the district
courts are criminal cases, a fact which is attributable to the unrest
caused by the change of sovereignty, the lack of employment following the hurricane and other disturbing influences.
The treasurer's department, in particular, shows the remarkable
progress made during the past year. A system of internal taxation,
based in the main upon the general property tax, has been adopted,
and affords the opportunity provided for by the Foraker law to abolish
the customs duties on trade between the United States and Porto
Rico. On July 4 of the present year the legislative assembly in extra
session passed a resolution pointing out that the revenue system of
the island was sufficient to meet insular expenditures, and asking the
President to issue the proclamation of free trade between Porto Rico
and the United States, contemplated by the Foraker act. With the
adoption of this change, which took place on July 25, it is expected
that the American markets for Porto Rican products may be considerably enlarged. It is especially hoped that coffee and tobacco exports
will be increased. A glance at the census of Porto Rico will show
that coffee is one of the principal, if not the principal, product of the
island. The coffee and tobacco lands, however, are situated in the
interior and are difficult of access. The high cost of transportation,
together with the duties levied upon these products when imported into
the United States, have unduly limited their natural markets in
America. One of the immediate results of free trade with the United
States was the introduction of a large quantity of Brazilian coffee by
way of New York. Considerable indignation was manifested, and a
boycott organized, whereupon the coffee was reshipped to New
York.   An interesting feature of the financial system  adopted in
Porto Rico has been the central control over municipal finances. The
necessity for this control has been clearly shown by the experience
of the last year. A large percentage of the municipal budgets submitted to the central authorities have contained many defects to
which attention is called in the governor's report. The most impor,
taut of these are illegal taxation, the falsification of assets or receipts,
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COLONIES AND COLONIAL GOVERNMIENT


197


and the excessive expenditure for salaries. In sixty-five of the municipal districts 23 per cent of the total expenditure was devoted to
salaries.
Next to the change wrought by the abolition of the American tariff,
the greatest impetus to the economic development of Porto Rico may be
expected from the system of roads now under construction. The
military government pursued the plan of road-building in various
parts of the island, not only for the purpose of affording means of
communication, but more especially to provide employment for the
poorer classes after the hurricane. The Department of the Interior,
under the civil government, is now directing its attention primarily
to the development of certain trade routes, from which it is thought
that a permanent change in the accessibility of the interior lands will
result, and thereby, also, a perceptible diminution in the cost of
production of insular products.
The work of the Department of Education has been perhaps the
most interesting of all that has been undertaken by the insular government. The illiteracy of Porto Rico is well-nigh discouraging and the
funds at the command of the Commissioner of Education have been
limited. Previous to American control there were no buildings erected
for school purposes on the island, and the absence of good roads has
continually rendered the task of supervision difficult, while there was,
as the commissioner has pointed out, a lack of active public sentiment
to sustain the public-school system. The number of children admitted
to the schools in October, I900, was 40,00oo. This was, of course, a very
small percentage of the population of school age. According to the new
school law passed by the legislature at its last session, not less than ten
per cent nor more than twenty per cent of all moneys received by each
municipality must be set aside as a school fund. Within these limits
the amount devoted by each municipality to educational purposes is
determined by the municipal council. The management of schools in
each district is entrusted to a school board of three members elected
by the people. The power of supervision is retained by the Commissioner of Education as provided by the organic law. The interest
and efficiency of the teachers have been stimulated by a series of
teachers' courses held during the summer at San Juan, for which over
seven hundred and fifty teachers and persons in preparation for the
teaching profession were registered.
In the preservation of order the insular government has made
an interesting departure from  the methods heretofore in vogue
upon the mainland by establishing a corps of police entirely under
the control of the Central Government.  This body, composed
of 664 officers and men, distributed throughout the island, includ[385]




I98    ANNALS OF THE AMERICAN ACADEMY


ing nearly all of the cities, has supplanted the municipal police
forces and resulted in a considerable saving to the local governments.
The standard of efficiency has been raised, and it is safe to say that
the rapid improvement in the order of the island is due in no small
degree to the thorough and systematic organization of the insular
police. Another interesting development in American administrative
methods is seen in the bureau of charities. The insular board of
charities has been superseded by a single director of charities who
possesses not only extensive powers of inspection and supervision over
the charitable institutions of the various municipalities, but also a
complete control over the charitable institutions of the insular government. A similar change toward a greater concentration of power
has been made in the management of correctional institutions, by
the substitution of an insular director of prisons for the board of
prison control.
The Philippines.-The commerce of the Islands is steadily increasing, the imports having reached the highest point known in the history of the archipelago. Until recently the poor condition of the shipping facilities at Manila has caused long delays in the unloading of
goods destined for that port. This in turn led to high freight rates to
cover the time lost by large vessels in port. The improvement in the
shipping facilities has now reached a point where these delays are being
rapidly reduced and a corresponding increase in the direct shipments
to Manila is observable. It is expected that with the consequent lowering in the freight rates the prices of American goods may be reduced
to such an extent as to increase their consumption in the Philippine
markets. While the total value of merchandise, gold and silver
exported from the Philippines during the calendar year 900oo, shows
an increase of more than one-third over the exports for the year I899,
the exports to the United States have increased only one-quarter.
On the first of July the civil government as planned went into operation. The Philippine Commission was succeeded by a governor and
a cabinet composed of heads of executive departments. Judge Taft,
the president of the former commission, was appointed governor,
while the other members of the commission have been made chiefs
of the several departments.
An interesting question relating to the executive organization of our
new possessions has presented itself, viz., should the power to appoint
the heads of departments be vested in the President of the United
States or in the governor of the territory or dependency? It seems
probable that with the gradual evolution of a distinct form of government for the new dependencies the power of choosing the heads of
the departments may be vested in the governor. There is a vast dif[386]




COLONIES AND COLONIAL GOVERNMENT


I99


ference between the powers exercised by the executive in the new
possessions from that exercised by the governor of a territory upon
the mainland. In the latter case the governor is seldom required to
perform functions of a highly important character, whereas in the
new possessions the governor's position is in many respects the determining factor in the government. The greater the powers of the
executive department, the more sharply defined must be the responsibility, and, after the most urgent necessity for control by the President of the United States has passed, it may be expected that a form
of organization looking to a greater concentration of responsibility
and power within the insular governments will be developed. In this
respect the governments of Hawaii and Porto Rico present a sharp
contrast to each other. The heads of departments in Porto Rico are
nearly all appointed by the President of the United States, and are
therefore placed in a position of considerable independence with reference to the governor, whereas the Governor of Hawaii appoints all
the heads of departments, even including the auditor and assistant
auditor. In the case of Porto Rico the peculiar organization was
doubtless justified by the undeveloped political condition of the island
and by the necessity that the President should exercise a direct control over the introduction of the new governmental system; but, as
the insular government becomes firmly established, a closer approximation to the Hawaiian form would seem desirable.




200


ANNALS OF THE AMERICAN ACADEMY


V. INDUSTRY AND COMMERCE.
rlilitant Trades Unionism  in the United States.-The Iron
Age, of May 30, 901o, gives a detailed account of the circumstances
which led up to the recent strike in the works of the National Cash
Register Company of Dayton, Ohio. This company has been constantly cited as a model establishment in respect to the relations existing between employer and employed. High wages were paid, free
baths, libraries and facilities for exercise were provided; studied courtesy from superior to inferior was the rule. The narrative of the
recent disturbances as given by the Iron Age, shows that this considerate and kindly treatment of the employees was not appreciated by
them, but that it had rather the effect of "spoiling " them. One of
the many points of dispute between the management and the hands
concerned the question of the washing of the towels supplied to the
lavatories. The labor union men in the shops complained that these
were washed by women not connected with any union, and they
demanded that the work should be done in a union laundry. The
management settled this difficulty by stopping the supply of towels.
It was then discovered that the compressed air-springs on the doors of
the polishing department were manufactured by a non-union shop in
Connecticut. The springs were removed. Questions of wages and
employment soon came to the front. In 1899 the shop had been
unionized, and from the beginning this formal recognition of the
union led to serious trouble. A few examples will illustrate: The
Local Metal Polishers' Union about this time was worsted in a conflict
with the Dayton Manufacturing Company, and was therefore left with
a number of idle men on its hands. The committee of the union
in the works of the Cash Register Company insisted that whenever a
vacancy occurred in their shop it should be filled by one of these discharged employees of the Dayton Manufacturing Company. The
management acceded. The foundry department was the next and
final cause of disagreement. Of the thirty-two foundrymen sixteen
were union men, the foreman being a non-union man and peculiarly
obnoxious to the unionists because of his connection with an unsuccessful strike in another factory eleven years before. A year and a
half ago this foreman discharged two men for cause and refused
to take them back, although the union demanded their restoration
through its international officers. The company, however, paid the
men fifteen dollars per week for three months to assist them in finding
other employment. At the end of that time the international officers
allowed the pensionsto be discontinued after a long discussion. The
next act of the union, which had now been formally recognized by the
[388]




INDUSTRY AND COMMERC2


20I


company, was to announce that no employee should earn more than
$4. 50 per day —some of the hands had been earning $7 per day on piece
work. The company acceded to this rule, and as a result of the additional hands from other works which were forced upon them by the
union, the working force was so much increased that many of the
moulders finished their allotted tasks by noon, and the shop during the
afternoon became a lounging and smoking-room. The result was a
new arrangement of work by which the moulders did a full day's work
for $4.50o, suffering to the extent of the difference between this sum
and their former wages, from the advent of the union into the shop.
In January last three men were laid off because there was no work for
them to do. After a hearing before the international committeeman
the company was sustained. In March and April three more men
were laid off, two for lack of work and one for cause. One of these
secured other employment, leaving five men out of work. The local
union, in the latter part of April, in spite of the previous reference to
the officers of the general organization, and in spite of the statement
of the company that there was no work for the men to do, made a
formal demand for their reinstatement, and on the company refusing
to employ them ordered a strike in the moulders' department. On
April 29 all the moulders went out. A few days after the demand was
reiterated by a committee of metal polishers. A second refusal was
followed by a strike of all the polishers. As a result of these two
strikes the company was forced to close the works.
A sequel to this struggle is the securing, by the Dayton Manufacturing Company above-mentioned, on June i, I9oi, of a perpetual
injunction, restraining the Metal Polishers, Buffers, Platers and BrassWorkers' Union, No. 5, of Dayton, from in anyway interfering with their
business. The petition charges that the defendants, since seventeen employees in the polishing and buffing departments of the Dayton Manufacturing Company were discharged on October 9, I899,
for unsatisfactory work, " conspired together to prevent the plaintiffs
from having their polishing and buffing done in the city of Dayton
by others engaged in the same business; that they threatened the
remaining employees and others who were subsequently employed
by the company to take the places of those discharged with force and
violence to compel them to leave the plaintiffs' service; that they
threatened and intimidated certain persons from dealing with the
plaintiffs; that they ' picketed' the plaintiffs' factory for the purpose
of intimidating their employees, and caused disturbances which made
it necessary to call in police assistance to preserve the peace. " In the
Court of Common Pleas of Montgomery County, Ohio, these acts as
alleged were found illegal, and Judge Kumler granted a perpetual in[389]




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ANNALS OF THE AMERICAN ACADEMY


junction as prayed for in the petition. In summing up his decision
Judge Kumler said: " If the defendants would live within the objects
and purposes of their organization.as expressed in their constitution
and by-laws all would be well, and we would never hear of any trouble
between the employer and the employees. aBut where the members of
the union go beyond conceded right to peacefully persuade or arbitrate, and resort to threats, intimidation and violence to accomplish
their ends, they must expect t,o face-.the courts, which have always
and always will condemn such ponduct. "-Iron Age, June 6, 19or.
Amount of Small Coal Saved in the Anthracite Region.-The
Pennsylvania Coal Waste Commission, in its report in I892, recommended, as a most important means of economy, the better utilization of the small coal, i. e., the sizes below chestnut coal. Until a
few years before the date of this report, most of this small coal went
to the culm bank, the commission estimating the total amount of coal
lost in this way, from 1823 to I892, at 35,ooo000,000 tons. Of late the small
sizes are in large demand and the following tables show the large
proportion of the total output which is now consumed in the small
sizes which were until recently thrown away:, —  Per Cent of Total. —
Iehigh Coal and  Girard
Navigation Company. 1Estate.
Large sizes, chestnut and above.  49.20   57.41
Pea coal..............          4.13       I3.98
Buckwheat...........        16,34      2I.IO
Rice..................          20.33       7.51
Total small or steam sizes...  0.80    42.59
Totals..............         1 00. Io00.0
The statistics of other companies are not available, but the records
of these two large coal mines are probably indicative of the general
situation. The special significance of these figures, apart from their
revelations of increasing care and economy by producer and consumer,
is the danger to the anthracite mining industry which is presented by
the increasing use of bituminous coal. This is preferred by steam
raisers, on account of its superior heating value, in spite of the lower
price at which the smaller sizes of anthracite are sold. Let the smoke
nuisance be once overcome and the anthracite companies, already so
largely dependent upon the manufacturing demand, will have a hard
struggle to maintain their position.