LIBRARY UNIV!-R5ITY OF CALIFORNIA IRVINE D7 JOHNS HOPKINS UNIVERSITY STUDIES IN HISTORICAL AND POLITICAL SCIENCE Under the Direction of the Departments of History, Political Economy, and Political Science VOLUME XXXIV BALTIMORE THE JOHNS HOPKINS PRESS 1916 COPYRIGHT 1916 BY THE JOHNS HOPKINS PRESS PRESS OF THE NEW ERA PRINTING COMPANY LANCASTER. PA. VOLUME INDEX N. B. Volume XXXIV is complete in four numbers. A volume index has not been made for this volume, as each study is separately indexed. The plan of indexing the numbers separately and omitting the volume index will be followed in succeeding volumes. CONTENTS PACT I. THE BOYCOTT IN AMERICAN TRADE UNIONS. By L. Wolman i II. THE POSTAL POWER OF CONGRESS: A STUDY IN CONSTITU- TIONAL EXPANSION. By L. Rogers 149 III. THE CONTROL OF STRIKES IN AMERICAN TRADE UNIONS. By G. M. Janes 339 IV. STATE ADMINISTRATION IN MARYLAND. By J. L. Donaldson 471 STATE ADMINISTRATION IN MARYLAND SERIES XXXIV NO. 4 JOHNS HOPKINS UNIVERSITY STUDIES IN HISTORICAL AND POLITICAL SCIENCE Under the Direction of the Departments of History, Political Economy, and Political Science STATE ADMINISTRATION IN MARYLAND BY JOHN L. DONALDSON, Ph.D. Professor of History and Economics in Roanoke College BALTIMORE THE JOHNS HOPKINS PRESS| 1916 COPYRIGHT 1916 BY THE JOHNS HOPKINS PRESS PRESS OF THI NEW ERA PRINTING COMPANY LANCASTER. PA. CONTENTS PACK PREFACE ix INTRODUCTION n CHAPTER I. PUBLIC EDUCATION 14 ELEMENTARY EDUCATION 14 State Board of Education 14 State Superintendent of Education 15 County School Commissioners 16 County Superintendent 17 District School Trustees 18 Teachers 19 School Attendance 20 Baltimore City 21 Colored Schools 22 Criticism 22 SECONDARY EDUCATION 24 High Schools 24 Industrial Schools 25 State Normal Schools 26 Other Schools 27 Criticism 28 HIGHER EDUCATION 29 The Maryland Agricultural College 31 The Johns Hopkins University 31 Proposed State University 32 DEAF, DUMB, AND BLIND 33 FARMERS' INSTITUTES 33 PUBLIC LIBRARIES 34 Maryland Public Library Commission 34 State Library 35 EDUCATIONAL FINANCE 36 SUMMARY 39 CHAPTER II. PUBLIC HEALTH 41 LICENSING BOARDS 41 VACCINATION 42 STATE DEPARTMENT OF HEALTH 42 The Secretary 43 Bureau of Vital Statistics 45 Bureau of Communicable Diseases 46 v VI CONTENTS [4/6 Bureau of Bacteriology 47 Bureau of Chemistry 47 Bureau of Sanitary Engineering 47 LOCAL BOARDS AND GENERAL HEALTH PROVISIONS 48 INFECTIOUS DISEASES 49 Tuberculosis 51 MIDWIFERY 52 PURE FOOD AND DRUGS 53 State Food and Drugs Commissioner 53 CRITICISM 54 U. S. HEALTH DEPARTMENT REVIEW 57 CHAPTER III. CHARITIES AND CORRECTIONS 59 CHARITIES 59 Almshouses and Trustees of the Poor 59 Board of State Aid and Charities 60 Organization of the New Board 61 Principles on which State Aid Should be Given 62 State Aided Institutions under the Supervision of the Board 63 New Legislation Proposed by the Board 68 THE INSANE 69 Lunacy Commission 72 Insane Hospitals 74 CORRECTIONS 75 Reformatories 75 The House of Correction 76 The Maryland Penitentiary 76 Criticism 77 CHAPTER IV. FINANCE 80 PUBLIC WORKS 83 INVESTMENTS AND DEBT 86 Counties 86 The State 87 TAXATION 89 Machinery of Taxation 89 Rules of Taxation 91 State Tax Commissioner 91 STATE AUDITOR 93 BANKING DEPARTMENT : BANK COMMISSIONER 94 INSURANCE COMMISSIONER 95 REVIEW OF CONDITIONS AND NEEDS 96 Suggested Economies in Administration 100 Taxes 102 SUMMARY 105 4/7] CONTENTS vii CHAPTER V. GENERAL ECONOMIC WELFARE 106 THE PUBLIC SERVICE COMMISSION OF MARYLAND 106 STATE FIRE MARSHAL no LICENSES in STATE BOARD OF LAW EXAMINERS 112 LAND OFFICE 112 ROADS 113 STATE SIDEPATH COMMISSIONERS 117 COMMISSIONER OF MOTOR VEHICLES 117 NATURAL RESOURCES 119 Game 119 Fish and Oysters 120 Commissioners of Fisheries 120 Oysters 121 Agriculture 126 Geological Survey 136 Forestry 138 State Conservation Bureau i 140 BUREAU OF IMMIGRATION 141 INDUSTRIAL BUREAU 143 Statistics 143 Employment Agency 143 Arbitration of Labor Disputes 144 Supervision of Child Labor 144 STATE WHARFINGER 146 WEIGHTS AND MEASURES 146 STATE WEATHER SERVICE 146 STATE MANUAL 147 CONCLUSION 147 PREFACE This monograph is a study of administration in Mary- land, and is in no sense a history. Only in certain cases, where it was deemed necessary, has the historical develop- ment of a function been traced. Nor is it a story of admin- istrative politics in Maryland. It deals exclusively with the organization and the interrelations of the administrative departments of the Maryland government, and attempts a scientific analysis of their functions and forms. It is perhaps unnecessary to point out that this study treats of state administration, and, except where the two fields are organically interwoven, excludes from considera- tion county and Baltimore City administration. Police ad- ministration has not been considered. In the counties it is insignificant, and, while the Baltimore City police commis- sioners are state officers, their work is largely a matter of local concern. Frequent reference has been made to the " Code 1912." By this is meant the "Annotated Code of Maryland" by George P. Bagby, of the Baltimore Bar, which includes the laws of 1910, was printed in 1911, and is known under the date of 1912. In a few places reference is also made to a " Code 1904," which is a similar codification known as "Poe's Code." The regular annual reports of the various administrative departments have also been used. When other specific reference is not given, these reports, or a summary of them in the governor's reports, will be found in the biennial " Maryland House and Senate Documents." It is regretted that this study does not include the pro- visions of the laws passed by the 1914 legislature. It was brought to a conclusion while the session was still in progress. When possible, pending legislative proposals have been discussed. The delay in the publication of the study, X PREFACE [480 which the author was unable to avoid, has possibly rendered inapplicable to present conditions certain discussions and observations. In concluding this preface, appreciation is expressed of the wise guidance of Professor W. W. Willoughby. Ac- knowledgment is also made of the author's indebtedness to Dr. Horace E. Flack and Dr. Bernard C. Steiner for their kind advice, and to numerous state officials for their courtesy in giving information, especially to the Honorable Charles J. Bonaparte, Dr. John S. Fulton, Dr. Frederic V. Beitler, Mr. B. K. Purdum, and Mr. William H. Davenport. J. L. D STATE ADMINISTRATION IN MARYLAND INTRODUCTION This study does not attempt to describe the entire govern- mental structure of the State of Maryland. Its scope is limited to an account of that part of the executive branch which has to do with the actual performance of duties re- lating directly to the economic, intellectual, and moral wel- fare of the people. In very considerable measure, there- fore, we shall have to deal with those functions which in general terms may be spoken of as the police powers of the State, those powers which have been denned by the Su- preme Court of the United States as authorizing executives "to prescribe regulations to promote the health, peace, morals, education, and good order of the people" and "to increase the industries of the state, develop its resources, and add to its wealth and prosperity." As an introduction to the performance of the task thus outlined, it will be necessary to refer to the powers of the governor. Generally speaking, the governor of Maryland is given control of administrative matters, and he appoints a great majority of administrative boards and chief officers, although no rule has been followed in this regard. There are a few rather important boards over which he has no control whatever; for instance, the licensing of physicians is put in the hands of boards chosen by the respective medical societies of the state. Aside from several boards of this kind, which for the most part deal with technical or scien- tific matters, he has almost complete appointive power. The extent of this appointive power varies. In some cases the appointment must be made "by and with the advice and ii 12 INTRODUCTION [482 consent of the Senate;" usually this is the case when the office is a highly important one. It may be said that the power of removal accompanies the power to appoint ; some- times hearing must be given, in other cases not. Practically all of the administrative departments report to the governor, who transmits these reports to the legislature. Several of the most important boards to which the governor appoints members are the State Board of Education, the State Board of Health, the Lunacy Commission, and the Board of State Aid and Charities ; he will probably also soon have the ap- pointment of members of the Penal Board. It is interest- ing to note that the governor appoints, in addition, almost all the minor administrative boards and many state hospital and similar boards, of some of which he is himself a mem- ber. At every session of the General Assembly the gover- nor must make a report to that body, reviewing the admin- istrative work of the two previous years, and making recom- mendations. There are a number of boards of which the governor is an ex officio member, often along with other state officers, such as the treasurer and the comptroller. For the most part, his influence and activity in the work of such boards are not great, although a very energetic governor might develop his power considerably through this means. There is one board, however, in the transactions of which the governor is a very important figure, namely, the Board of Public Works. This may be due to some extent to the small number of members on the board. In this case the governor is much more than a central, supervisory officer; he actually steps down into the field of state finance, and with the other two members of the board the treasurer and the comptroller of the treasury carries on the financial activities of government, approving bonds and depositories for state money, making bond issues after legislative author- ization, and generally exercising decisive influence in form- ing the financial policy of the government and in putting it into practice. The Board of Public Works also has 483] INTRODUCTION 13 several other functions, such as the supervision of the State Fishery Force. Again, the governor has a number of important miscel- laneous duties, such as the approving of bonds given by state officers, the signing of land patents, the quarantining of vessels, and so on. Finally, he has the veto power, which, although legislative in character, affects very ma- terially administrative matters. Thus it is seen that the governor of Maryland has con- siderable control over the entire field of administration. In spite of this fact, his leadership in administration has never seemed of much effect ; whether this is due to lack of energy, to lack of correlation among the departments, or to some other cause, it is difficult to say. Probably if a more direct power, or rather duty, of supervision were added to his power of appointment and removal, his office would increase in administrative importance and influence. CHAPTER I PUBLIC EDUCATION Public education in any section of Maryland other than Baltimore City is under the supervision of three different boards: 1 (i) the boards of district school trustees, with supervision of district matters ; (2) the county school com- missioners, with jurisdiction over the counties; (3) the State Board of Education, with general supervisory powers over the State. ELEMENTARY EDUCATION State Board of Education. The governor by and with the advice and consent of the Senate, if it is in session, appoints six members of the State Board of Education, 2 for terms of six years. Two terms expire every two years. At least two of these members must be of the minority party, de- termined by the last gubernatorial election; the governor appoints to vacancies. These six, with the governor and the state superintendent of education, constitute the State Board of Education. Principals of normal schools and of normal departments of any school or college under the control of the board whose certificates are recognized by it are ex officio members of the board, but have no vote. The office of the board is in Annapolis. The members receive no salary, but are reimbursed for actual expenses and may employ clerical assistance. The board is charged with carrying out the public education laws of the State and with enacting by-laws for the administration of the public 1 G. P. Bagby, Annotated Code of Maryland, art. Ixxvii, sec. I fif. Cited as Code 1912. 2 Ibid., sec. 5 ff . 485] PUBLIC EDUCATION 15 school system, "which, when enacted and published, shall have the force of law;" they may remove or suspend for cause (that is, inefficiency or moral delinquency) any county superintendent ; and they are given the power of " explain- ing the true intent and meaning" of the education laws and of " deciding, without expense to the parties concerned, all controversies and disputes " that arise under them, and "their decision shall be final." 3 Thus they exercise, to an extent, all three governmental powers, legislative, execu- tive, and judicial. They act as assistants and advisors of the various county boards, and their advice is binding. They issue circular letters from time to time, to teachers and com- missioners, on topics connected with the administration of public schools. When requested by a county board, they examine candidates for the office of county examiner and issue certificates. They are ex officio trustees of state normal schools. All schools and colleges and all normal school departments receiving state aid are required to report to the board in September ; and these reports, or abstracts of them, are published in an annual report which is made to the governor, and which includes a statement of the appor- tionment of money to the counties and Baltimore City, together with suggestions for the improvement of schools and the " advancement of public education." 4 State Superintendent of Education. The governor, by and with the advice and consent of the Senate, appoints for a term of four years the state superintendent of education, 5 3 This confers a comprehensive visitorial power upon the state board which is summary and exclusive, and where such power is sufficiently comprehensive the courts will not interfere (Wiley v. School Commissioners, 51 Md. 405; Shober v. Cochrane, 53 Md. 549). While in matters involving the proper administration of the public school system the courts will not interfere with the jurisdic- tion of the state board, such is not the case if the determination of purely legal questions is involved. In the latter case remedy may be had by mandamus (Duer v. Dashiell, 91 Md. 669; Underwood v. School Commissioners, 103 Md. 189). The state board has power to advise the county board, and it is the duty of the latter to act accordingly. The legislature has a right to confer upon the state board the power mentioned in this section (Underwood v. School Commissioners, 103 Md. 188). 4 Code 1912, art. Ixxvii, sec. 90 ff. 5 Ibid., sec. 18. l6 STATE ADMINISTRATION IN MARYLAND [486 and may remove him for cause, after submitting charges in writing to him and receiving the ratification of two thirds of the members of the state board. The salary of the super- intendent is fixed by the board, at not over $3000 per year and travelling expenses. The duties of the state superintendent are to examine the county boards' statements of expenditures of school funds, and to submit his judgment on them; at his discretion to endorse normal school diplomas from other States, which, when endorsed by him, are legal certificates to teach in any elementary public schools in Maryland, until revoked; to arrange dates for teachers' institutes, to assist county super- intendents in the preparation of programmes for county teachers' institutes, to attend these when possible, and to give instruction; to diffuse information as to the best methods of instruction; to inform himself and the state board as to the condition of schools throughout the State; in every way "to conserve the interests and promote the efficiency of the public schools of Maryland." County School Commissioners. 6 In six of the counties there are six county school commissioners, 7 in the remainder, three, all of whom are appointed by the governor, by and with the advice and consent of the Senate, for various specified terms, and always with a provision for " minority party representation." The governor may remove for cause, after giving an opportunity for presenting and hear- ing charges, and he appoints to vacancies. The salary of each commissioner is $100 a year. The county commis- sioners are to receive and hold in trust all gifts for educa- tional purposes, and to execute these trusts; the state's at- torneys are charged with seeing that they are carried out. The commissioners select sites for schools and may receive donations of or may purchase sites and buildings. They may, if necessary, acquire an acre or less by write of ad quod 6 Code 1912, art. Ixxvii, sec. 6, sec. 22 ff. 7 Baltimore, Carroll, Frederick, Dorchester, Washington, Mont- gomery. 487] PUBLIC EDUCATION I/ damnum; and they issue plans for building and furnishing school-houses. 8 Text-books, which are free to pupils, are purchased by the county boards. Since 1908 the annual appropriation for the purchase of text-books has been $150,000, distributed to the county boards pro rata to the number of pupils enrolled. The Baltimore City system is not under the supervision of the State in a direct way, as it merely reports on conditions to the state board and is otherwise independent, yet it re- ceives its proportion of this text-book appropriation. 9 County Superintendent. The Board of County School Commissioners elects as county superintendent of education a non-member, who also acts as secretary and treasurer to the board. The county superintendent has general super- vision and control of all schools in his county ; he builds, re- pairs, and furnishes school-houses, and buys books; with the advice of the principal, he appoints assistant teachers. He may consolidate schools when he deems it expedient, and may provide for transportation to and from schools. In counties with more than eighty-five schools the board may appoint a clerk, and may fix his salary. If the proportion of the state school tax and the free school fund for any county should prove inadequate, the commissioners of the county may designate a tax on assess- able property in the county, to be collected under direction of the county commissioners, of not over fifteen cents on $100, unless the county commissioners approve an additional tax. The school commissioners may make or revise bound- aries of school districts. A majority may remove a mem- ber, and appeal lies to the state board. Each county board must report in September to the state board, and in Novem- ber must publish a financial report and send a copy of it to the state board. By act of I9I2 10 the reports from the counties and from Baltimore City were made uniform. 8 Code 1912, art. Ixxvii, sec. 37 ff. <> Ibid., sec. 68 ff. 10 Laws 1912, ch. 333. 2 1 8 STATE ADMINISTRATION IN MARYLAND [488 An act passed in 1894" dealing with school sanitation provides that if the commissioners of a county or city do not fulfill their duties with regard to this matter, they may be removed by a court of competent jurisdiction on com- plaint of five citizens. This provision is, perhaps, not carried out, but the idea is good, considering the insanitary conditions that exist in many rural districts. Why Caroline, Kent, Dorchester, Somerset, Baltimore, Worcester, Howard, Prince George's, and Frederick Counties were excluded from the operation of the provision is unknown. The county superintendent 12 examines certificates and cer- tifies candidates for teaching. He gives temporary certifi- cates which are graded "first" and "second" and are re- corded. Permanent certificates (for a period of five years) are issued by him after the ability of the candidates has been tested in actual work for six months. For this pur- pose the "county examiner" holds regular teachers' ex- aminations, giving notice in newspapers or otherwise. The county superintendent, or his assistant, is required to visit schools a certain number of times, according to the num- ber of teachers in the county ; to observe and to make sug- gestions ; when possible to attend public examinations ; and to make a quarterly report to the county board. If the number of teachers in a county exceeds one hundred and seventy-five, the board may appoint an assistant superin- tendent, and grade supervisors may be appointed by the county boards in proportion to the number of teachers. The county superintendent receives a salary fixed by the county board, and in his role as secretary-treasurer of the board his bond is also determined by it. He may debate at its meetings, but has no vote. In addition to his quarterly report to the county board, he prepares the annual county report to the state board, which he submits also to the county board. District School Trustees. Each district of each county 11 Laws 1894, ch. 524. 12 Code 1912, art. Ixxvii, sec. 72 ff. 489] PUBLIC EDUCATION 1 9 has a board of three school trustees, 13 appointed by the county school commissioners. The principal teacher, whom they appoint from those holding certificates, subject to con- firmation by the county board, is ex officio secretary of the board. The school trustees have the care of the school property ; provide for repairs, the cost being determined by the county board; and generally supervise their schools. They visit them frequently, and, if possible, cause instruc- tion to be given ten months of the year. They have the power of expulsion and suspension of pupils, subject to final appeal to the county board. The trustees are re- movable for cause by the county board, and when competent persons for the office of trustee cannot be found, the duties in a district devolve upon the county board. Teachers. Every teacher 14 must hold a certificate issued by a county superintendent, or a certificate from the prin- cipal of a state normal school or from the principal of the normal department of Washington College, or a diploma from any such school, or any normal school diploma en- dorsed by the Maryland state superintendent of education, or a certificate from the Maryland State Board of Educa- tion. Diplomas from reputable college departments of pedagogy rank as "first grade" certificates for elementary or high school teaching, and exempt the holder from ex- aminations. Every teacher must file with the county board a quarterly report, and is not entitled to pay until this is done. Certificates may be annulled by the county board on account of immoral conduct, subject to appeal to the state board. Persons with low grade certificates who have taught a certain length of time may be given life certificates exempt- ing them from examination. The salaries of teachers are fixed by the county board, but a minimum is set at $300 per school year, and a gradation is made of minimum salaries according to the certificate held and the time of service. The county superintendent submits annually to the county board a list of all teachers and a classification of their cer- 13 Code 1912, art. Ixxvii, sec. 31 ff. 14 Ibid., sec. 53 ff. 2O STATE ADMINISTRATION IN MARYLAND [490 tificates, which is based on scholarship, executive ability, personality, and teaching power. An act of 1902" and subsequent acts of I9O4, 16 1906," I9o8, 18 and 1912 established a system of teachers' pensions, by which a person who has taught twenty-five years, has reached the age of sixty, and has no other means of support, may receive a pension of $200 a year. The age limit may be waived by the board in extraordinary cases. For this pension the annual appropriation after 1908 was $25,000, and in 1912 it was made $28,000. A teachers' institute is held in each county once a year, continuing for at least five days. 20 At times two or more counties combine for this purpose. District, county, and state teachers' associations must be held, and the county examiner is to aid them, encourage attendance, secure lec- turers, and so on. These associations are permitted to use school-houses for their meetings. The State Teachers' As- sociation has been in existence for some years, and has annual sessions during the summer, often at a summer resort. The work is often practical, sometimes including scientific demonstrations. School Attendance. 21 By acts of I9O2, 22 lOxXS, 23 and io/)8 24 provision is made for compulsory school attendance of children between eight and twelve years of age, and for attendance of children between twelve and sixteen who are not "employed to labor." School attendance is enforced by "attendance officers." The police commissioners of Baltimore City are required at each census to prepare a list of all children between six and sixteen years of age, and to submit it to the city school commissioners. Factory pro- 15 Laws 1902, ch. 196. .Laws xyuz, en. 190. 16 Laws 1904, ch. 584. 17 Laws 1906, ch. 47SH- 18 Laws 1908, ch. 605. 19 Laws 1912, ch. 135. 20 Code 1912, art. bcxvii, sec. 92 ff. 21 Ibid., sec. 153 ff. 22 Laws 1902, ch. 269. 23 Laws 1906, ch. 236. 24 Laws 1908, ch. 241. 49 1 ] PUBLIC EDUCATION 21 prietors in that city and in Allegany County are required to keep certificates on hand, open to inspection by attend- ance officers, for all children employed under sixteen years of age. Children between twelve and sixteen are not to be employed if they cannot read and write, unless they are regular attendants at some evening or other school, but such children are excused from schooling if a physician's cer- tificate is obtained showing that attending school in addition to their daily labor will be "prejudicial to health." In I9I2 25 a new attendance law was passed, which slightly raised the age of compulsory attendance. The provisions of the compulsory attendance laws were poor enough, with their exceptions of children above fourteen who are " em- ployed to labor;" but the law of 1912 was made farcical by a provision that it need be adopted only if the school com- missioners for the county should approve it and should ap- point attendance officers. The attendance of every deaf or blind child in some school for the deaf or blind is made compulsory, unless the child is receiving instruction elsewhere or is unable to receive it. If the parents or guardians of such a child are not able to pay for transportation to and from the school, the State furnishes it. Baltimore City. The school organization of Baltimore City 26 is almost completely separate from the state organiza- tion. The mayor and the City Council are given full power to establish a system of free public schools, 27 including one or more schools for manual industrial training, under ordi- 25 Laws 1912, ch. 173. 26 Code 1912, art. Ixxvii, sec. 121 ff. 27 " The act of 1892, chapter 341, specifically prescribes the method by which county school commissioners ought to be appointed, but nowhere in this article is the method for the appointment of school commissioners in Baltimore City designated. This section gives to the city the whole of the state's power^ over public schools in the city, subject, of course, to the state's right of repeal" (Hooper y. New, 85 Md. 581; Baltimore v. Weatherby, 52 Md. 451). "This does not apply to such schools as St. Mary's Industrial School for Boys, the Maryland Institute for the Promotion of Mechanic Arts, etc., although the governor and mayor appoint directors or trus- tees" (St Mary's Industrial School v. Brown, 45 Md. 383). 22 STATE ADMINISTRATION IN MARYLAND [49 2 nances and rules which they enact. They may, by law, dele- gate supervisory powers and control to a board of school commissioners, and this is now done. As will be seen else- where in this chapter, however, reports are made to the state board, and state aid is received. The Board of Commissioners of Public Schools of Balti- more has power to examine, appoint, and remove teachers, prescribe their qualifications, and fix their salaries, subject to the approval of the mayor and the City Council, and to select text-books. It must report annually to the State Board of Education on the condition of schools under its charge, and must include a statement of expenditures. The mayor and the City Council are authorized to levy necessary taxes on assessable property to defray the public school expenses of the city. No limit is set by state law for this taxation. Colored Schools. The county school commissioners must, " if the colored population warrants," establish at least one free public school in each election district for colored youths between six and twenty years of age, and must de- termine the length of term. 28 The colored schools are put under the same laws and are required to furnish instruction in the same branches as the white schools, but each one is under the direction of a special board of trustees appointed by the county board. Colored schools are supported from the general school fund, and the total amount of school taxes paid by the colored people of any county or of Balti- more City, together with any donations that may be made for the purpose, is to be used for their support. Criticism. The general plan of control in Maryland's elementary education, with its centralization from the dis- trict trustees up through the county boards and the State Board of Education to the governor as an appointive center, is undoubtedly good. The control by the county boards of strictly county matters has been spoken of as the "most 28 Code 1912, art. Ixxvii, sec. 131 flf. 493] PUBLIC EDUCATION 23 efficient and economical of all systems for rural schools in the United States." 29 There are three needs in Maryland's administration of elementary education. First, we have seen how unsatis- factory are the present compulsory education laws. The provisions of these should be made state-wide and strictly binding. Secondly, there is inadequate supervision of the rural schools, due largely to an inadequate number of super- visory officers. This fact becomes striking when comparison is made between the Baltimore City and the rural schools. The condition has been pointed out in an educational survey of a Maryland county in which a member of the United States Bureau of Education cooperated. 30 The county super- intendent should be given more assistants. Finally, there should be higher salaries and more uniform rules in regard to the training of the teachers throughout the State. With the present salaries good teachers are difficult to obtain. Most important, however, is the need of uniformity. Under the present system, by which qualifications are determined arbitrarily in each county by the county board, the teachers in one county may be college graduates and other well prepared persons, while in another county they may perhaps have only an eighth-grade education. Furthermore, ap- pointment and dismissal of teachers are arbitrary, and poli- tics enter into a matter that should be regulated entirely by merit. For the sake of efficiency and uniformity in ele- mentary education, and also in justice to the teachers, a civil service system should be inaugurated. 31 In concluding the review of elementary schooling in the State, it may be well to notice that in 1914 the Department of Education recommended an educational survey of all the counties. Such a detailed survey would undoubtedly throw 29 Statement of a member of the Maryland Department of Edu- cation. 30 H. N. Morse, E. F. Eastman, and A. C. Monahan, An Educa- tional Survey of a Suburban and Rural County [Montgomery Co., MA]. 31 These needs have been pointed out by various persons, includ- ing the governor, officials of the United States Bureau of Educa- tion, and members of the Maryland Department of Education. 24 STATE ADMINISTRATION IN MARYLAND [494 great light on the entire situation and furnish a more solid foundation for the working out of the problems involved. SECONDARY EDUCATION High Schools. High schools 82 are under the supervision of the county officers. County boards are authorized to establish high schools whenever it seems advisable, subject to the approval of the state board, or a joint high school and graded school may be established; all to be under control of the county board. High schools receiving state aid are arranged by the state board in two groups according to the number of pupils, number of teachers, and years of instruc- tion given. In the first group four years, in the second group three years, of instruction are provided. 33 The state board prepares the courses of study for the high schools under its supervision, and makes by-laws for their government. It is the duty of the state superintendent, personally or through some person whom he designates, to inspect an- nually all high schools receiving state aid, and also all such other schools as make application through their county super- intendents to receive state aid. The state superintendent prepares a list of the high schools and the amount of aid to which each is entitled, based on information obtained through annual inspections and written reports of principals and county superintendents. This list is reported to the state board for approval, and is forwarded to the treasury department. All promotions of pupils must have the approval of the principal and of the county superintendent. A diploma from any approved four-year-course high school admits, without examination, to the freshman class of any Mary- land college receiving state aid. 82 Code 1912, art. Ixxvii, sec. 125 8. 33 See report on the " Educational System in Maryland " by a special committee of the Board of State Aid and Charities, 1913. 495] PUBLIC EDUCATION 25 Agricultural high schools are finding a place more and more in the educational system. One at Sparks, Maryland, is regarded as one of the best of its kind in the country. The last legislature 3 * made two $5000 appropriations, one for buildings for an agricultural high school at Federalsburg, and one for land for a similar institution at Ridgely, for which $15,000 had already been provided, one half by the citizens and one half by the county. The educational committee of the Board of State Aid and Charities said of these high schools: "The marked success of twelve Agricultural High Schools is such as to make highly advisable the further encouragement of this type of secondary education. The demand for agricultural courses all over the State is very great and your committee recom- mends some additional aid along this line." Industrial Schools. Industrial schools, 35 where domestic science and industrial arts are taught, are established by the county board in connection with the colored public schools. They are annually inspected and approved by the state superintendent; and there must be sent annually by the state board to the comptroller a list of such schools, which are entitled to receive a " special appropriation for industrial education." Fifteen hundred dollars is appropriated every year for each county with such a school, one half to go to the maintenance of the school and one half to the employ- ment of a supervisor of colored schools, who, under the direction of the county superintendent, visits colored schools and "causes instruction of an industrial character to be made a daily part of the work of every colored school." But this $1500 is not appropriated unless the average at- tendance for the preceding year has been thirty pupils, and unless there are ten colored schools in the county where the colored industrial school is located. If there are less than ten, one half of the amount, $750, may be appropriated. The control of colored industrial schools and the employ- ment of the supervisor are in the hands of the county board. 34 Laws 1912, ch. 434. 85 Code 1912, art. bcxvii, sec. 142 ff. 26 STATE ADMINISTRATION IN MARYLAND [496 County boards may, if they think it advisable, make manual training, domestic science, and agriculture a part of the course of instruction in the colored schools of the respective counties, conforming to the course prescribed by the state board. The state superintendent supervises and inspects industrial and agricultural training in the counties. State Normal Schools. There are two white state normal schools 38 in Maryland, one in Baltimore City and one at Frostburg. 37 They are under the control of the State Board of Education, which appoints the principals and the necessary assistants. The state board prescribes for state normal schools and normal schools receiving state aid an academic or preparatory course and qualifications of age and scholastic attainment for the pupils. In all such schools there must be a two-year normal or professional course, in which the common school branches may be studied and in which special emphasis is given to professional subjects, in- cluding history of education, school organization, methods of teaching, and other pedagogical subjects. Students satisfying the entrance requirements as to age (boys must be seventeen years and girls sixteen years old) are admitted on scholarships from a city or county school board or on appointment from the state board. These scholarships are apportioned among the counties and Baltimore City according to the population. In addition to those holding scholarships, others may enter at the discretion of the state board, on paying twenty-five dollars per session, until the capacity is reached. These normal schools are in every way under the super- vision of the state board, and the board may organize ex- perimental schools for practical work for the state normal school students. The annual appropriation at present (1914) for the Baltimore City Normal School is $20,000 plus $1000 for repairs, and for the Frostburg Normal School $7000. 36 Code 1912, art. Ixxvii, sec. 82 ff. 37 The normal department of Washington College will be treated in connection with that institution under the subhead " Higher Education." 497] PUBLIC EDUCATION 2/ In 1910 the legislature appointed a commission to in- vestigate the establishment of a new Maryland state normal school, which the state superintendent strongly urged. 38 In 1912 there was provision for the selling of the property of the Maryland State Normal School of Baltimore, and for the purchase of new land and buildings, by a $600,000 bond issue ; 39 and $25,000 was appropriated for improvements and additions to the Frostburg Normal School. 40 There is also a state normal and industrial school (No. 3) for colored teachers, which is under the control of the state board, the salaries of the principals and assistants of which are fixed by it, and the curriculum of which is prescribed by the same body. This school was established by act of 1908," was opened in September, 1911, at Jericho in Prince George's County, and receives $5000 annually out of the appropriation for the system of free public schools. The students are taught agriculture, manual training, and other industrial subjects, in addition to the academic courses, and the Department of Education " feels that this may, in a measure, at least, solve some of the problems of negro education."* 2 Other Schools. Since i898 43 the Charlotte Hall School has been authorized to grant a three-year state scholarship to a student from each of the legislative districts of the State, with competitive appointment by the county or city board of school commissioners. To St. Mary's Female Seminary, St. Mary's City, there is sent one "scholar" from each county and each of the four legislative districts of Baltimore, selected by the school commissioners. 44 These selections are non-competitive, and the scholar must be "worthy and charitable;" each scholarship is for three years. The same officers fill one scholarship from each 38 Governor's Report 1912. 39 Laws 1912, ch. 776. 40 Ibid., ch. 178. 41 Laws 1908, ch. 599. 42 Governor's Report 1912. 48 Laws 1898, ch. 321. 44 Code 1912, art. Ixxvii, sec. 178. 28 STATE ADMINISTRATION IN MARYLAND [498 county and each of the four Baltimore districts in the Maryland Institute (Schools of Art and Design) in Balti- more City. 45 From time to time the State makes numerous haphazard appropriations to private schools, all of which it would be impossible to trace here. By way of illustration it may be noticed that in 1911 the Maryland School for Boys and St. Mary's Industrial School each received $12,500 for building purposes. 46 In 1913 altogether $300,267.16 was received by special educational institutions (including col- leges) ; by such schools other than colleges and exclusive of the school for the deaf and dumb at Frederick, a total of $58,800 was received. This was in addition to the old academic fund. 47 Criticism. One peculiar defect exists in the system of secondary education, one that is more directly connected with "school finance" than with any other topic and will be mentioned later in that connection. It is the existence in the State of a number of private academies which have received state aid for many decades, and which, in almost all cases, are duplicating the work of the public schools, either elementary or secondary. On the other hand, the good condition of high schools is brought out in the following summary of secondary educa- tion in the State in the already mentioned report of the Board of State Aid and Charities : " The High School Act of 1910 is regarded by the Federal Department of Educa- tion, as one of the best on the statute books of any of our States. It has several marked advantages. The group system puts the state aid on an entirely impartial basis, and we feel that in time it will probably result in as good a High School System as there is in any State in the country." The needs of secondary education in the State, then, may be summarized as follows : ( I ) elimination of unsystematic state aid to private academies; (2) greater aid to high 45 Code 1912, art. Ixxvii, sec. 182. 46 Report of the State Board of Education for 1912. ** See Table J in Report of the State Board of Education for 1912. 499] PUBLIC EDUCATION 29 schools and normal schools, especially the latter, and above all to colored industrial and normal education. HIGHER EDUCATION There are six colleges in Maryland which regularly re- ceive state aid, namely, the Johns Hopkins University, the Maryland Agricultural College, St. John's College, Western Maryland College, Washington College, and Blue Ridge College. In addition to these six there are one or two other colleges which have received a certain amount of state aid, as, for example, the University of Maryland, and the old Baltimore Medical College, now consolidated with the University of Maryland. Of the six first mentioned, all give scholarships provided for by state appropriation, which are filled by the county or district school boards by means of competitive examination. St. John's College at Annapolis is a military institution, with a commandant detailed from the United States Army ; it gives mainly classical work, and had two hundred and forty-three free scholarships in 191 2-1 3. 48 To it there is sent one state scholar from each senatorial district of the State, who, after taking a competitive examination, is ap- pointed by the county or city school board "by and with the advice and consent of the local senator," and who is required to pledge himself to remain four years at the institution and to teach in the State for at least two years after graduation. 49 The college received $15,000 in 1913 and a like amount in I9I4. 80 Western Maryland College at Westminster is coeduca- tional. It gives courses in classical branches, and also has a seminary to prepare students for the ministry of the Methodist Protestant Church. It is allowed two state scholars, one male and one female, from each senatorial 48 Report of State Board of Education, Oct 17, 1913, Table J. 49 Code 1912, art. Ixxvii, sec. 179. 50 Seventh Biennial Report of the Board of State Aid and Chari- ties, Table 3. 3O STATE ADMINISTRATION IN MARYLAND [5OO district, chosen in the same way as the state scholars to St. John's, 51 Its appropriation is now $3100 per year. 62 Similarly, one scholar is sent from each district to Blue Ridge College, at New Windsor, a small college with a classical curriculum, which only recently began to receive state aid. In 1912 the legislature appropriated $5000 to it. 83 Its total number of free scholarships in 1912-13 was twenty-seven. 54 Washington College at Chestertown makes a fourth state- aided college doing classical work. It also has a normal department which was established by act of i896, 55 when the "visitors and governors" were authorized to open a teachers' department, with a course in pedagogy of not less than three years. In this department is allowed one scholar- ship to an " indigent female," a graduate of a public school, from each county of the Eastern Shore, the scholar being pledged to take up teaching in Maryland after graduation. This appointment is made after competitive examination by the county board. One free state scholarship is also granted to the college for a male or female student from each county of the Western Shore, in either the normal or the collegiate department. 56 By act of 1912" Washington College received an appropriation of $20,000 for the fiscal year 1913 and a like amount for 1914. For several years St. John's College has been a part of the University of Maryland, in Baltimore, an institution with courses in law and medicine. The connection is little more than nominal, however, and the university is not a university in the proper use of the term, since no graduate work is given and no collegiate preparation is necessary to 51 Code 1912, art. Ixxvii, sees. 180-181. 52 Seventh Biennial Report of the Board of State Aid and Chari- ties, Table 3. 53 Laws 1912, ch. 229. 54 Report of State Board of Education, Oct. 17, 1913, Table J. 65 Laws 1896, ch. 63. 56 Code 1912, art. Ixxvii, sec. 183 ff. 67 Laws 1912, ch. 93. 5Ol] PUBLIC EDUCATION 31 enter the law and medicine courses. The Baltimore Medical College has only recently been consolidated with the Uni- versity of Maryland. All of the above mentioned institu- tions occasionally receive special appropriations from the State for building purposes. The Maryland Agricultural College. 59 This institution is unique among Maryland colleges. It is the only one over which the State exercises any direct control and therefore is the only one which is in any sense a state college. It is the only Maryland college that confines its work largely to the natural sciences. As an agricultural institution, many agri- cultural activities are correlated with it, such as the Agri- cultural Experiment Station, farmers' institutes, animal food and fertilizer inspection and analysis, and horticultural inspection. It also offers courses in civil, electrical, and mechanical engineering. The central position of the institu- tion in the various agricultural activities of the State will be treated in detail in a later chapter. The Johns Hopkins University. The character of this institution scarcely needs description, with its international reputation as a graduate school in the arts and sciences and in medicine. There has recently been established in connection with the university a department of engineering. The legislature of I9I2 59 provided for a bond issue of $600,000 and for an annual appropriation of $50,000. One hundred and twenty- nine state scholarships are offered each year. Three of these go to each of the following institutions : Loyola Col- lege, Maryland Agricultural College, Mt. St. Mary's, Rock Hill, St. John's, Washington College, and Western Maryland College. The rest are apportioned among the senatorial districts in proportion to their respective representation in the House of Delegates. These scholarships entitle the holders to free tuition, including laboratory and other fees. One of them from each county or each district of Balti- 68 Code 1912, art. Ixxvii, sec. 177 ff. 59 Laws 1912, ch. 90. 32 STATE ADMINISTRATION IN MARYLAND [$O2 more is known as a " full senatorial scholarship " entitling its holder to board and lodging, or $200 in lieu thereof. In this department the plan is to give undergraduate and graduate work, including professional and research degrees. An unfortunate provision of the act endowing the depart- ment is the requirement that scholars must be certified by their respective state senators. This makes the entrance of a political element possible. With this exception the organ- ization is good. Proposed State University. -It has recently been pro- posed that a state university be established in Maryland. This seems not only unnecessary, but impracticable. In the sphere of graduate work the Johns Hopkins University is all that could be needed. It is true that some of the colleges of Maryland are 'duplicating each other's work. But it is doubted if they could properly be consolidated, on account of their historic separation. What is needed is some central supervision of all colleges receiving state aid, which is, of course, quite different from central control. According to the Board of State Aid and Charities, only one of the six Maryland colleges receiving state aid is graded by the Federal Bureau of Education as strictly a college. Promises have been made by this bureau soon to investigate Maryland colleges thoroughly and to grade them. This in- vestigation will be looked forward to with interest, for some of the colleges have been raising their standards rapidly. It is undoubtedly true, however, that some of them do not take full college rank, and it seems very important that some central authority be given the standardizing of the colleges in the State, at least of those which receive state aid, and the control, through such standardization, of appropriations to colleges. Such a state authority could require the stand- ards of a college to be sufficiently high before it might re- ceive an appropriation. This could not be done immedi- ately, but the standards of the colleges now receiving aid could be gradually improved. 503] PUBLIC EDUCATION 33 DEAF, DUMB, AND BLIND 60 The Maryland Institute for the Deaf and Dumb, at Frederick, Maryland, was established by act of 1867 (ch. 247), with a president and board of thirty visitors appointed by the governor for life. Vacancies are filled by the gov- ernor. To this institution the governor sends scholars, upon certification of local authorities, for terms of not over seven years. Two hundred dollars per year is made the maximum expense for one student. The governor must dispose of applications in the order received. When the maximum sum has been expended, no more persons can be sent to the institution until a vacancy occurs. The Maryland School for the Blind at Overlea, Maryland, though a private in- stitution, has become, as far as its finances are concerned, practically a state institution ; in it are placed for instruction such indigent blind persons of seven years and upward, in- habitants of the State and of the city or county from which they are certified, as are recommended to the governor by the county commissioners of the counties or by the judges of the orphans' court of Baltimore City. In connection with the Maryland School for the Blind there is a school for deaf, dumb, and blind colored children, also at Overlea, Maryland. While separate from the former institution, it is a department of it. FARMERS' INSTITUTES By act of iSoXS 61 a department of farmers' institutes 62 was established with the purpose of bringing to the farmers in- formation to enable them to avoid some of the prevalent mistakes in agriculture. Farmers' institutes are held every year in every county, and there may be an additional one in each county. They are under the control of a " director," 60 Code 1912, art. xxx, sec. i ff. 61 Laws 1896, ch. 102. 62 Code 1912, art. Ixxvii, sec. 148 ff. 3 34 STATE ADMINISTRATION IN MARYLAND appointed by the trustees of the Maryland Agricultural College, who "must be well versed in agriculture and of practical experience," and whose salary and duties are fixed by the trustees of the college. These institutes form a department of the Agricultural College, similar to the State Agricultural Experiment Station; $6000 is appropriated annually for them, payable in October to the order of the college. PUBLIC LIBRARIES For the encouragement of libraries in connection with public schools, ten dollars per year is allowed to each dis- trict if the community raises a like amount; with this are bought books chosen by the district board and the teachers from a list furnished by the state board. 63 Maryland Public Library Commission. There is a Mary- land Public Library Commission whose jurisdiction extends to all but Baltimore County. The only apparent excuse for this exclusion is that this county is so near Baltimore City as not to need library facilities of its own. This commission is composed of four persons appointed every two years by the governor two of whom must be women together with the state librarian, the " superintendent of public instruc- tors," 64 and the librarian of the Enoch Pratt Free Library of Baltimore. It is an unpaid commission, but members re- ceive travelling expenses for attending meetings. It elects its own president and secretary-treasurer, and reports annually to the governor. The duties of this commission are to advise persons in charge of public libraries and public school libraries in the selection of books, cataloguing, and so on, and to conduct a system of travelling libraries throughout the State. The appropriation for the work is $1500 a year, from which free libraries may be established in counties, cities, and districts, but more than $100 may not be spent for books for one library. 68 Code 1912, art. Ixxvii, sec. 99 ff. 64 State superintendent of education. 505] PUBLIC EDUCATION 35 The county commissioners of any county may establish a public library at the county seat, with branches through- out the county, and may levy a tax for its support of not over five cents on $100. A municipality may levy seven cents on $100 for a library, and a district may also do this if a majority of the voters so petition the county commis- sioners, in which case the library is conducted as a municipal one would be. In the establishment of these libraries the county or municipal authorities appoint nine directors for a term of six years (three every two years), who receive no compensation and may be removed for cause. They elect a president, a vice-president, a secretary, and a treasurer; make by-laws for the regulation of the library ; approve the bond of the treasurer ; have control of the expenditures and of the construction of buildings; have supervision of all property; may obtain new buildings and grounds; and ap- point a librarian and assistants, whom they may remove and whose compensation they determine. Each such library board must report annually to the county commissioners or to the municipal legislative authority, as the case may be, and must include with the report a financial statement; a copy of this report is forwarded to the Public Library Commission. State Library?* For many years there has been a state library at Annapolis. The librarian, who is appointed by the governor, binds all the laws, journals, and documents of the General Assembly, and distributes them to certain officers of this and other States and to public libraries in Maryland. A library committee of three or more persons is appointed without compensation by the court of appeals, to establish rules and regulations for the management of the library, and to purchase books, maps, and periodicals for the library, for which the sum of $500 is annually allowed. In its report for 1914 the State Board of Education recommended that the Public Library Commission be trans- ferred to the office of the state librarian in Annapolis, since 65 Code 1912, art. Iv. 36 STATE ADMINISTRATION IN MARYLAND [506 the work of the two offices is closely allied, and since such a transfer would make possible the use of the same clerical force for both, and thereby save administration expenses. EDUCATIONAL FINANCE 66 All property conveyed in any way to any particular county or school district for public education is to be held in trust by the county board ; and is, together with all money in- vested in trust for the benefit of the public schools, exempt from all state, county, or local taxes. 67 The state tax for education, which is levied on taxable property throughout the State annually, is received by the treasurer and apportioned by the comptroller among the counties and Baltimore City in proportion to the population between five and twenty years of age ; 68 a certain amount is deducted if the schools in a county are kept open for less than nine months or if any white teacher, regularly em- ployed, receives less than $300 a year. 69 From this fund are also taken annual appropriations for 70 the state normal schools, the colored normal school, the salary of the state superintendent, the salary of the clerk to the state super- intendent, and the expenses of the state board. The sources of revenue for public education are the state school tax, the county school tax, and various special funds. In 1901 there was received and expended on public education $727,314.41, and in 1911 (ten years later) $i,493,76o.6o. 71 In 1913 the state levy was 16% cents on each $100, which yielded $i,- 625,208.88, the county levy amounted to $2,846,176.18, and the total received from all sources was $4,494, I95-76. 72 Although school revenues have greatly increased within the last few years, it may be said that more money is needed, 68 See reports of the board for recent statistical details. 67 Code 1912, art. Ixxvii, sees. 175, 176. 68 Ibid., art. Ixxvii, sec. 135 ff. 6 For Garrett County, 7 l / 2 months and $200. 70 Code 1912, art. Ixxvii, sec. 139. 71 Governor's Report 1912. 72 Report of State Board of Education for 1913, Table C. 5O/] PUBLIC EDUCATION 37 especially for better salaries for teachers. Certain needs and principles in Maryland school finance may be enumer- ated briefly. 73 A great deal of the money for the support of the school system is obtained from the above mentioned school tax. It has been suggested that this be raised to twenty cents. "A comparative study of Public School Systems in the forty-eight States by the Russell Sage Foun- dation, gives Maryland a rank of forty-six in the ratio of amount spent for school purposes to wealth, the same being but twenty-one cents for each one hundred dollars of wealth. The same report ranks Maryland thirty-eighth in the amount of thirteen cents per day per child." 74 In addition to support by taxation, there are, as we have seen, a number of funds in the treasury set aside for special educational purposes. The difficulties here are that some parts of the system receive support from the general fund which should receive special appropriation, if any, and that on the other hand some of these special funds support in- stitutions not worthy of support. Most notable of these is the "academic fund," an historic fund which gives aid to private secondary institutions which have outgrown their usefulness. These old private academies should be trans- formed into high schools with uniformly high standards or should go out of existence. As for the distribution of school funds throughout the counties, the present system, based on the proportionate county population between five and twenty years of age, is fairly good. It is certainly better than the very inequitable plan followed in some other States, which is based on the proportion of assessed wealth. It enables the richer por- tions of the State to help the poorer. The ideal plan for such distribution, however, as laid down by a special com- mittee of the Board of State Aid and Charities, is one based 73 Most of these recommendations are fully discussed in a report on the Maryland educational system, made by a special committee of the Board of State Aid and Charities in 1913, and many of them are also mentioned in the last report of the Department of Education. 74 See above report of the committee of the Board of State Aid and Charities. 38 STATE ADMINISTRATION IN MARYLAND [508 on a combination of two principles, namely, the proportion of aggregate days of attendance, and the proportionate number of teachers actually employed. Concerning the support of colleges by the State, two changes of policy have been suggested. It is recommended, first, that support be withdrawn from colleges that do not measure up to a required standard, and possibly from those that duplicate each others' work, and second, that colleges be refused support to carry on preparatory work that is already being done by recognized secondary institutions. These methods would be very potent in bringing Maryland colleges up to high standards, and they are strongly urged by the Board of State Aid and Charities. While inherently sound, they are, as recommended, probably too drastic. The trans- formation of higher educational institutions cannot be in- stantaneous. They should be required gradually to improve. The following general principles, based mainly on recom- mendations from the federal commissioner of education, are laid down by the special educational committee of the Board of State Aid and Charities already mentioned: (i) Ex- penses of administration should be taken out of the school tax, and other expenses should be provided out of the gen- eral treasury. The cost of maintenance of the state normal schools and the appropriations to secondary schools and institutions of higher learning should be provided for from the general treasury. (2) Appropriation should be made only to institutions over which the State through its regular educational officers, or through boards of its own appoint- ment, can exercise a direct control. (3) A common basis should be established for all institutions of one kind, and for all political units of one kind, for example, counties. (4) Duplication of appropriations by special act, and continu- ing appropriations for scholarships, and so on, should be eliminated. 509] PUBLIC EDUCATION 39 SUMMARY The needs of public educational administration in Mary- land may be recapitulated as follows : ( i ) Elementary educa- tion: (a) a certain amount of consolidation; (b) greater supervision, especially in the rural districts ; (c) a systematic civil service for teachers, which will insure much higher salaries, salaries according to efficiency, and appointment and tenure according to merit; (d) to secure all this needed standardization, a vesting of authority to make it effective in the state board; and a corresponding divesting of local boards of loose discretionary powers. This is owed to the State, to the pupil, and perhaps above all to the teacher; (e) a comprehensive, compulsory attendance law, with proper machinery and power for its enforcement; (f) an educational survey of all the counties. (2) In general, secondary education in the State is well organized. The needs are: (a) abolishment of state aid to the old private academies which duplicate the work of state schools; (b) more concentration in industrial and especially in normal school work in order to prepare the trained teachers that are so greatly needed, particularly in the educa- tion of the colored race. (3) Higher education: the establishment of a central au- thority with power to supervise though not control all col- leges receiving state aid, so that such colleges may receive aid in proper proportion, and may be made to bring their standards up to full collegiate requirement. This central authority might be the State Board of Education or a sepa- rate board, preferably the former. Great care should be taken that it be kept free from political influence; it should be composed of highly educated and independent men. This plan should take the place of the inadvisable one of estab- lishing a state university. (4) Finance: (a) an imposing of sufficient tax rates; (b) an abolition of the special and useless appropriations 4O STATE ADMINISTRATION IN MARYLAND [5 IO which we have already noted in secondary education; (c) an equitable distribution of state money among political units and institutions which may be supervised by state educational officers, and which measure up to set standards. This need is manifest mainly in secondary and higher education. CHAPTER II PUBLIC HEALTH The governmental organ whose functions are most directly concerned with public health in the State is the State Board of Health. There are, however, a number of other branches in which public health is the ultimate object, which will be first considered. LICENSING BOARDS There are certain licensing boards for various professions and trades in the State. All of these boards, except those of medicine and surgery, have members appointed by the governor. These boards examine applicants for the spe- cified professions, according to methods laid down by state laws ; charge certain small fees ; issue licenses ; and have the power of revoking licenses for certain causes, after a public hearing has been given. The development of licensing boards for various pro- fessions is interesting. The right of the State to such con- trol is one exercised only in modern times. The first laws in Maryland affecting the control of the practice of medi- cine and surgery appeared shortly after 1880. In this branch, also, it may be noted that the profession is given direct control over its own members. Two boards, one of allopathy and one of homeopathy, are chosen by the Mary- land State Medical and Chirurgical Faculty and the State Homeopathic Society respectively. Each board examines applicants of its own school of practice. The other boards are chosen by the governor, but usually from lists furnished by the profession. The establishment of control over dentistry dates from the same period as that 42 STATE ADMINISTRATION IN MARYLAND [512 over medicine. Strangely enough, the veterinary board next came into existence, in 1894. Pharmacy followed in 1902, and in 1904 the board of examiners for nurses was provided. VACCINATION 1 There is a state vaccine agency in Baltimore City which has existed for many years. 2 The governor, with the advice and consent of the Senate, appoints a state vaccine agent (a physician) for six years, who furnishes physicians in the State with good virus gratuitously, keeps a record of such dispensing, and advertises the subject in the newspapers at certain intervals. He reports annually to the governor. When a child is vaccinated and its parents or guardians are too poor to pay, the county commissioners, or the mayor and the City Council, may be required to bear the expense, but the county or city authorities may make a contract with a physician to vaccinate all who apply. It is the duty of every physician to vaccinate all children presented to him for vaccination within a year after birth, and all persons who apply to him who are not already effectually vaccinated. Vaccination is, by law, compulsory in the public schools. STATE DEPARTMENT OF HEALTH S We now turn to that branch of Maryland administration which deals most directly with the health of the public, largely through sanitation. The State Board of Health of Maryland, the sixth oldest state board in the Union, was created by legislative enactment in January, 1874, and organized May 6th of the same year. ... It early devoted its attention to the investigation of the causes of diseases and their suppression, and to the registration of births and deaths. The urgent need of a chemist soon became manifest, and provision was made for the employment of such an official as early as 1887. Ten years later the equipment of a bacteriological laboratory was recom- mended, and the work was begun in June of the following year. 1 Code 1912, art. xliii, sec. 53 ff. 2 Laws 1864, ch. 269, sec. i ff. 1 Code 1912, art. xliii, sec. I ff. 513] PUBLIC HEALTH 43 In 1910 the work of the Board was organized into bureaus, systema- tizing its performance and enlarging its sphere of usefulness. 4 The official title of this body is the State Department of Health. It is composed of seven members, including one experienced engineer and three experienced physicians, ap- pointed, two every two years, by the governor with the con- sent of the Senate ; there is also a secretary. The attorney- general of the State and the commissioner of health of Balti- more City are ex officio members. Control by the board extends over the counties, and it cooperates with the Public Health Department of Baltimore City. In general, the work of the State Department of Health, as set forth by the law, is as follows: 5 "The State Board of Health shall have general care of the sanitary interests of the people of this State; they shall make sani- tary investigations and inquiries respecting the causes of disease and especially epidemics, the causes of mortality and the influence of locality, employments, habits, and other cir- cumstances and conditions upon the health of the people; they shall inquire into ... all nuisances affecting the public health," and they are authorized to apply to circuit court judges for injunctions to restrain nuisances. The board is also authorized to organize throughout the State local boards or advisory committees which are to report quarterly to it on sanitary conditions in the State. The board may send a committee or its secretary to in- vestigate any unusual sickness or mortality, and in case of an epidemic the board is to have all necessary sanitary measures taken. In such cases of epidemic it may, with the approval of the governor, obtain from the comptroller not over $10,- ooo from any unappropriated money in the treasury for the carrying out of these sanitary measures. The Secretary. The board elects a secretary, who is the chief executive officer and who has direct charge of public health administration in the State. He must be an "edu- *C. W. G. Rohrer, "The State Board of Health of Maryland" (printed as a pamphlet). 5 Code 1912, art. xliii, sec. 3 ff. 44 STATE ADMINISTRATION IN MARYLAND [514 cated physician " and experienced in sanitation ; he may be chosen by the board from its own number, in which case the governor is to appoint another member to take his place on the board. The secretary's duties are to keep a record of all transac- tions of the board and an account of its expenditures; to correspond with boards of health in other States and with local boards and health offices in Maryland, to secure an interchange of information in regard to sanitation, and to keep such correspondence on file; to prepare blank forms and send them to local boards for reports ; at the request of local boards to visit local districts ; from time to time and when directed by the governor or legislature, to make special inspection of hospitals, asylums, prisons, etc. ; at every ses- sion of the legislature to submit to it through the board a report on his investigations, with recommendations ; when requested by the governor or other proper authorities, to advise as to the location, drainage, water supply, excrement disposal, heating, and ventilation of any public institution or building in the State; to collect vital statistics and statistics of disease and hygiene in the State, and through an annual report, or otherwise as the board may direct, to disseminate information among the people. The board may call public conferences of health officers, or may send delegates to any local, state, or national con- ference of health officers. It may, in case of danger of epidemic, take any action it sees fit, adopting regulations the violation of which constitutes a misdemeanor. Before 1910 the secretary acted also as registrar of vital statistics. These statistics he was to tabulate and send annually to the governor, the state librarian, the members of the General Assembly, other state boards of health, local registrars of vital statistics, and elsewhere at his discretion. The local health officers were local registrars of vital statis- tics (except where these were already provided for by charter or ordinance), and they might, with the consent of the State Board of Health, appoint subregistrars to collect 515] PUBLIC HEALTH 45 all facts connected with births (parents of baby, nationality, attending physician, etc.) and deaths (cause, physician, etc.) ; and these facts were to be forwarded once a month or oftener. Since 1910 this work has been supervised by a bureau. In 1910 the work of the State Department of Health was organized into bureaus, five in number, as follows : Com- municable Diseases, Bacteriology, Chemistry, Sanitary Engi- neering, and Vital Statistics. The secretary appoints with the consent of the board " men of technical ability " as chiefs of these bureaus, at $1500 to $2400 (at the discretion of the board), and assistant chiefs at $1000 to $1800. These men are removable by him with the consent of a majority of the board. Bureau of Vital Statistics. The secretary of the board is known as " state registrar of vital statistics." As we have seen, the Bureau of Vital Statistics is headed by a chief of technical training. Until recently the registrars of statistics throughout the State were insufficiently controlled by the State Department of Health. In 1912 this condition was greatly improved by further legislation. The system as it now stands is as follows : County health officers are ex officio county registrars of vital statistics, and health officers of towns and cities are ex officio local registrars, except in cases of incorporated cities or towns where, by charter or ordi- nance, the method of appointment of a local registrar of vital statistics is specifically designated. Each election district, city, and incorporated town con- stitutes a registration district, although the state registrar may combine two or more districts in any county into one registration district if the total population of the resulting district does not exceed 100,000. Each county registrar, with the advice and consent of the local board of health, ap- points a local registrar in each district, who holds office during the term of office of the registrar who appoints him, receives death certificates and issues burial permits upon 6 Laws 1912, ch. 696. 46 STATE ADMINISTRATION IN MARYLAND [516 them, receives birth certificates, and performs such other services as the local board of health directs. He may also receive special orders from the state registrar ; for instance, the regular period for making returns is monthly, but "in the event of unusual sickness or mortality or for the purpose of legal, legislative, or other inquiry, the State Registrar may require from any local registrar returns at shorter intervals." In a number of instances the county registrar also acts as local registrar of the district in which he resides. 7 The state registrar authorizes the local registrars to ap- point as many deputy local registrars as he deems necessary. Registrars throughout the State receive certain fees, 'ranging from twenty-five cents downward for each registration of a birth or death. If any county, local, or deputy local registrar refuses or neglects to execute his duties, the state registrar may, with the advice and consent of the State Board of Health, require him to vacate his office and may make a new appointment to fill the vacancy. This has been done in a number of instances. Subordinate registrars make reports to the state registrar, and also to their immediate superiors, who, in turn, report to the State Department of Health, that is, to the Bureau of Vital Statistics. This provides a system of checks by which information can be verified. Notice of births and deaths must be given by physicians or mid-wives in attendance, householders and parents and nearest kin, those in charge of ships and houses of charity or correction, and coroners. These vital statistics are collected by the Bureau of Vital Statistics of the State Department of Health, and are tabulated and published. Bureau of Communicable Diseases. 8 The purposes of this bureau are to secure " accurate and complete " returns of communicable diseases in Maryland ; to examine into the prevalence and causes of such diseases and to devise means for their control; and to examine into and investigate epi- demics and nuisances and to devise means for their sup- 7 From statement by member of the State Department of Health. 8 Laws 1910, ch. 560, sec. 2iB. 517] PUBLIC HEALTH 47 pression. The principal work of the bureau may be said to be cooperating with the local health officers in controlling the small outbreaks of disease which so commonly occur. The bureau sends to the locality in which such an outbreak occurs deputies or health department inspectors, who advise and aid the local officers in sanitation and disinfection. The locality pays the cost of the measures taken, as, for instance, the materials for disinfection. Bureau of Bacteriology. This bureau 9 is directed to in- quire into the nature, source, and vehicles of infectious diseases ; to establish a laboratory ; and to examine into and analyze public and private water supplies, milk, and foods. Its services are free to all local boards of health, to practis- ing physicians in the State, and to the state vaccine agent (for testing vaccine virus). Its work, like that of the Chemical Bureau, is not administrative in character, but ancillary to the other branches of public health work. The bacteriological laboratory is maintained jointly with Baltimore City. The bacteriologist of the State Board of Health is also the city bacteriologist. The cost of maintain- ing the laboratory under this arrangement is less than $3000 a year. 10 Bureau of Chemistry.* 1 The functions of this subdivision are defined as follows : to establish a chemical laboratory ; to inquire into the "nature, source, and vehicles of infec- tious disease;" to inquire into the "nature of sewage, tradewastes, and nuisances ; " and to analyze, free of cost, public and private water supplies, milk and foods, drinks, confectionery, drugs, spices, condiments, and so on. Bureau of Sanitary Engineering. The work here includes examination of water supplies and sources, public and private ; patrol of watersheds and catchment basins of public water systems ; examination of public and private systems of sewage and tradewastes disposal, of offensive trades and nuisances, and of ventilation, heating, and lighting of jails, 9 Laws 1910. ch. 560, sec. 2ic. 10 Report of State Board of Health, 1910. 11 Laws 1910, ch. 560, sec. 210. 48 STATE ADMINISTRATION IN MARYLAND asylums, and other public institutions; and the making of sanitary surveys of cities and towns. This bureau was provided for in I9io, 12 but on account of an insufficiency of funds was not established until 1912. It is headed by an engineer. Thus engineering is brought to the aid of medicine, a rather new and rare occurrence in state health departments. The work of this bureau is just getting under way, and it suffers from the same lack of power of enforcement and control of local officers that has existed to a greater or less extent in other branches of the state health work. For instance, many things are done, either privately or by local governments, in connection with water and sewerage systems, with total disregard of the health department. But that the courts are coming to its support is shown in the recent Jones Falls Valley Sewerage Plant case. LOCAL BOARDS AND GENERAL HEALTH PROVISIONS The local boards of health 13 are chosen locally. Each board of county commissioners is the board of health for the county. It is required to appoint (with power of re- moval) a good physician to be county health officer and secretary and executive officer. 14 Of course, any town which chooses to do so may establish a subsidiary health department. The county boards have powers in the locality similar to the general state powers of the state board. The law provides that local health officers shall receive compensa- tion based upon proportionate population, but their fees and charges are regulated by the local board ; and poor compen- sation is one of the factors in local inefficiency in public health work. The local board takes cognizance of all unhealthy condi- tions, such as pig-pens and drains, within its jurisdiction, 12 Laws 1910, ch. 560, sec. 2IE. 13 Code 1912, art. xliii, sec. 33 ff. 14 It has already been mentioned that Baltimore City has a sepa- rate and independent health department. 519] PUBLIC HEALTH 49 and receives complaints from qualified medical practitioners, or two or more persons affected, of public nuisances or in- sanitary conditions. For some incomprehensible reason Baltimore County is excluded from this provision. 16 The local secretary makes an annual report to the state secretary of all proceedings of the local board and of such information as may be valuable for the biennial report of the state board. The looseness with which this duty is performed illustrates one of the weakest points in the Maryland system. INFECTIOUS DISEASES The control of infectious diseases 16 is part of the work of the health officers of the State, the central and local boards cooperating in it. On certification of a medical practitioner of cases of infectious disease, the local health authorities or justice of the peace may order a house and its contents cleansed and disinfected. If the owners or occupants fail to do this, they are liable to fine, and the officer may have the house disinfected and recover the ex- pense from its occupants, unless they are paupers, in which case the city, town, or county pays. A health officer or justice of the peace may order disinfected or destroyed any bedding, clothing, or other articles which have been exposed to infection. Any person with a dangerous infectious dis- ease who has no proper place to stay may be sent to a hospital by order of a health officer or justice of the peace at the expense of the town or county. A person with an infectious disease must not go about, and articles liable to have been infected must not be exposed publicly without proper preliminary disinfection; children infected with dangerous diseases must not knowingly be permitted to enter other homes, theatres, churches, and so on. Owners of public conveyances are required to disinfect them, in a 15 Code 1912, art. xliii, sec. 37. 16 Ibid., sec. 41 ff. 4 5O STATE ADMINISTRATION IN MARYLAND [520 manner approved by a health officer, after an infected person or body has been in them ; they are allowed to charge suffi- cient for the transportation to cover the cost of such disin- fection. Houses and rooms in which an infected person has been living must not be offered for rent without proper disinfection under the approval and certificate of a qualified medical practitioner; nor, in showing for let such houses or rooms, may the infection be denied, upon questioning, unless the infected person had moved out at least six weeks before. A health officer or a justice of the peace may order a body buried if it is being kept so as to endanger the public health; if relatives or friends fail to bury, the city, town, or county is to do so at its own expense. Permits must be obtained from local health officers for all interments and disinterments, regardless of infection. 17 Municipal and county authorities may provide hospitals or temporary places of reception for the sick, or the authori- ties of two or more counties or communities may combine and provide a common hospital. Patients in such institu- tions are liable for charges within twelve months after their discharge, unless they are paupers. On account of the liability to infection of beds and mattresses stuffed with cast-off clothing, and the like, all such furnishings are re- quired to be labelled, telling what is contained in them. The local board of health must be notified of all cases of dangerous, contagious diseases by the householders and by the physicians who know of such cases. The board is to keep a detailed record of all such cases, and to give notice of them to the local school board. It must also notify the State Department of Health, within twenty-four hours. 18 Every death from dangerous, infectious disease must be reported by the physician or householder, with all details of age, sex, disease, and so on. Hotel and boarding-house keepers and managers of institutions must report all cases of 17 Code 1912, art. xliii, sec. 12. 18 Ibid., sec. 63 ff. 52 1 ] PUBLIC HEALTH 51 infectious diseases on their premises to the local health officer or the state secretary, who is to take necessary measures. In the absence of a local board, the state board makes regulations concerning nuisances and sources of contagion. The state board may make any necessary regulations re- specting articles capable of conveying infection ; in such cases, as in cases of similar action by a local board, persons sustaining damages thereby may receive compensation from the state, county, or municipal authorities, as the case may be. In general it may be stated that in the absence of a local board, the state board acts, and may direct the state's at- torney to prosecute offenders. 19 A law of 1912 prohibits the use of common public drinking cups in the State. 20 In the same year it was provided that physicians must report to the health department "employment" diseases and ill- nesses, with the name of the patient, the place of employ- ment, and so on. 21 But no express provision is made for the investigation of such cases by the health department. Tuberculosis. The control of this disease 22 is especially placed in the hands of the public health authorities, state and local. The state board keeps a register of all persons with tuberculosis in the State. Every person in charge of any state institution, such as a school, hospital, or jail, must report within forty-eight hours every case of tuberculosis discovered, with all details of the case. All physicians also are required to report all cases of tuberculosis coming to their knowledge. Any dwelling after occupation by a tuber- cular patient must be disinfected by the local board ; and any person knowing of the vacating of such a dwelling is re- quired to give notice to the board ; apartments must not be relet until after such disinfection. Tubercular patients are prohibited from spitting in houses occupied by others, and complaints of this may be made to a health officer. 19 Code 1912, art. xliii, sec. 97 ff. 20 Laws 1912, ch. 156. 21 Ibid., ch. 165. 22 Code 1912, art. xliii, sec. 84 ff. 52 STATE ADMINISTRATION IN MARYLAND [522 The attending physician in a case of tuberculosis is to take measures for the safety of persons occupying the same house. If he fails to do so, the duty devolves upon the local board of health, which in all events cooperates with him and gives orders to him. The physician is furnished with directions concerning precautions to be taken in tuber- culosis, and directions also to be given to the patient ; he is also furnished with a list of prophylactic supplies to be had free of cost from the local board and his requisition for these is honored by the local board. If the physician carries out the orders properly, he receives a fee of one dollar and a half a case. For such measures an annual sum of $5000 was appropriated until 1912, when this was made $io,ooo, 23 to be drawn upon by the state board for the use of the local boards. The state board supplies the local boards with the literature and the medical supplies mentioned above. MIDWIFERY 24 By law of iSgS 25 "every midwife, obstetrical nurse, or other person, not a legally qualified physician, attending for pay or hire, upon a lying-in woman, or woman in childbed," was merely required to " send his or her name and address to be registered in the office of the registrar of vital statistics for the city, town, or county " in which he or she resided ; and in case the patient had fever, the midwife was to notify the local health officer and refrain from attendance upon any other woman until granted permission by the health officer to resume practice. In 1910 a law was passed 26 more strictly regulating the practice of midwifery, and this regulation, unlike that of other professions concerned with the public health (such as medicine, with its special licensing board), is placed in the hands of the public health department. Examinations for the profession are now required. 23 Laws 1912, ch. 512. 24 Code 1912, art. xliii, sec. 68 ff. 25 Ch. 436, sec. 34F. 26 Laws 1910, ch. 722, sec. 55A ff. 523] PUBLIC HEALTH 53 PURE FOOD AND DRUGS In 1890," igo2, 28 and iox)4 29 pure food and drugs laws were enacted. In I9io 30 they were greatly added to and improved by provisions modelled to a large extent on the United States pure food and drugs laws. These final pro- visions went into full force January i, 1911. Their enforce- ment constitutes another branch of the work of the State Health Department. Their substance is as follows: The sale of any corrupted, adulterated, or unwholesome food or drink is prohibited. The State Board of Health is authorized to investigate such articles, make chemical analyses, forbid their sale, or cause them to be destroyed; its inspectors are authorized to inspect food at all times. It is the duty of the state prosecuting attorney to attend to the prosecution of all complaints concerning unwholesome food and drink. Twenty-five thousand dollars is annually appropriated for the inspection and analysis of such articles by the State Board of Health. There are special provisions regarding beer, meat, vinegar, and so on, and for the execu- tion of some of these provisions additional sums are ap- propriated. State Food and Drugs Commissioner. This official was provided for in 1910, to be appointed by the State Board of Health, and to receive $2500 per annum. For the salary of the commissioner and the expenses of his office and pay- ment of his employes, $15,000 is annually appropriated, to be paid on the authorization of the State Board of Health. The duty of the commissioner is to administer the food and drugs laws under the direction of the board. As far as is practicable the rules and regulations adopted by the health board for the carrying out of the food and drugs laws are to be the same as the rules and regulations adopted by the federal government for the execution of the United 27 Laws 1890, ch. 604, sec. 52 ff. 28 Laws 1902, ch. 606, sees. SIA, 5$A. 29 Laws 1904, ch. 378, sec. SIB ; ch. 653, sec. SIA ff. 30 Laws 1910, ch. 156, sees. I4O-A to 140-0 inclusive. 54 STATE ADMINISTRATION IN MARYLAND [524 States Food and Drugs Act of January 30, 1906. The board is to send copies of these state laws to manufacturers, wholesalers, and retailers of Maryland. Adulteration, imitation, misbranding, and wrong or in- sufficient labelling of drugs and food, including water, drinks, confectionery, and condiments, are prohibited. The drugs standards are based on the United States Pharma- copoeia. In case an article has not been so standardized, the standards adopted by the United States Department of Agriculture are used. The quantity of certain dangerous drugs, like opium, contained in an article must be printed on the label. A special Maryland standard is set for ice cream. No dealer, however, may be prosecuted if he can show a guaranty of the goods issued by a Maryland wholesaler from whom he obtained the goods. When, after examina- tion and analysis of an article in the laboratories of the State Board of Health, under the supervision of the food and drugs commissioner, it is found to be adulterated or mis- branded, notification and hearing is given, and then, if it is necessary, prosecution is begun by the state's attorney. The operations of this department began in September, 1910. By the end of 1911, 4136 villages, towns, and cities had been visited ; inspectors had covered 941 1 factories, can- neries, and stores; 140 lots of food and 50 lots of drugs had been condemned and destroyed because unfit for use; and 2300 samples of food and drugs had been purchased and sent to the laboratories for analysis and reports of the analyses had been made. 31 This shows the activity of a branch of the public health work on the importance and value of which no comment is needed. CRITICISM The Maryland State Board of Health is excellently or- ganized and is doing good work. Its president is one of the best known medical scientists in the country. It ex- 31 Report 1912. 525] PUBLIC HEALTH 55 hibits, however, a deficiency similar to that which is found in other branches of the State's administration, that is, local inefficiency, disintegration, and lack of central power. This is evidenced in the performance of their duties by the local boards of health and the local secretaries. In the report of January 10, 1912, the state secretary says : " There is ... I am glad to note, a growing tendency to reappoint efficient and capable men, irrespective of personal or political considerations, and I believe there is a strong sentiment, not only among the medical profession who should be leaders in a movement of this kind, but among the general public, to remove the office from the influence of political consider- ation, so far as it is now possible to do so." However, in the same report he says : During 1909 there were twenty-three county health officers in Maryland, and also health officers in eighteen incorporated towns. All local health officers are secretaries of local boards of health, with the exception of the Commissioner of Health of Baltimore City. Both the county and town health officers are, as a class, very greatly underpaid, their salaries ranging from $150 up to $1,000. The highest paid local health officer is the Health Officer of Balti- more County, who receives a salary of $1,000 per annum, and is also allowed an office and a clerk. The pay is, of course, wholly insuffi- cient to enable these officers to live, and they are practically all dependent upon their private practice. The efficiency of sanitary administration must evidently be greatly dependent upon the character of work done by local boards of health, and it is perfectly evident that these local boards can not operate without sufficient health officers, and it is manifestly im- possible to secure efficient service for the miserable pay given by the average county or town. Some of these officers, however, have given very valuable service to the State, even under the most adverse conditions. The low scale of compensation is probably the most serious obstacle to efficiency in local administration, but another obstacle of almost equal importance is frequent rotation in office on account of political changes. Under the existing conditions in this State, the local health officers take up the duties of their office wholly untrained, and those who are most capable become sufficiently familiar with their work about the end of their two years' term to be of real value to their communities, and it frequently happens that just about the time when a local health officer has reached the stage when he has become a good public servant, capable of making a record in public health work, some political change throws him out of office and all of his training and experience is lost to the public. Irrespective of other considerations, I believe it very desirable to increase the term of health officers to a period of six years or 56 STATE ADMINISTRATION IN MARYLAND [5 26 longer and provide a salary commensurate with the importance of the work. While not mandatory under our statutes and not as a rule re- quired by the various town charters, city and town health officers have been requested to furnish reports. . . . Reports were furnished by the health officers of seven towns and eleven town health officers furnished no reports. Under the provisions of Section 28, of Article 43, of the Code of Public General Laws of Maryland, county health officers are re- quired to report to the Secretary of the State Board of Health annually upon the sanitary conditions of their counties and upon the administration of their office. ... It will be noted that thirteen of the twenty-three health officers did not furnish reports as re- quired by law. Considerable difficulty was experienced with St. Mary's County during 1909 in compelling the County Commissioners to execute the mandatory provisions of ... Chapter 4I3 32 of the Acts of the Gen- eral Assembly of 1904, requiring the disinfection of premises va- cated by the death or removal of tuberculosis occupants and it became necessary to threaten mandamus proceedings against the county in order to compel it to comply with the law. A similar difficulty in Allegany County was promptly adjusted by the County Commissioners. The same trouble has existed with the local registrars of vital statistics, but now is almost completely remedied by the provisions of the law of 1912, which we have already noted. The new and important work of the Bureau of Sanitary Engineering is also hampered by difficulties with localities. 33 The remedy for the lack of control of local health officers is, of course, to make all health officers state officials in the fullest sense of the term, subject to the orders of their superiors. There may also be suggested as desirable a closer correla- tion of the various branches of state work concerned with the public health. The examining boards for the various professions are perhaps best constituted as they are, inde- pendent and composed of members who come from those professions. There might be a closer connection between the department of health, one of whose functions is to pre- vent tuberculosis, and the Maryland Tuberculosis Sana- torium, whose purpose is to cure it. By such correlation, 82 Sec. 34J- 33 For an illustration of this see the controversy arising out of the purchase of the Jones Falls Valley sewerage plant by the com- missioners of Baltimore County. 52/j PUBLIC HEALTH 57 a saving in expense in administration would be effected and divided efforts would be united and made more harmonious and efficient. U. S. HEALTH DEPARTMENT REVIEW Since the writing of this chapter, the federal government has made a report on the Maryland health service. This review, which was made public in Washington on January 29, 1914, is the result of an investigation of Maryland public health administration by the federal Public Health Service, and is the first of a series of such studies. " The work was begun last July and continued without interruption until now. The work of the state board was carefully investi- gated in Baltimore and in every county." The report is embodied in a pamphlet of nearly one hundred pages, in- cluding many tables. Surgeon Fox finds much to praise, and praises unstintingly where praise is deserved. He finds, on the other hand, some features of the work that might be improved, and some faults to be remedied. The results of his investigation are embodied in a series of recom- mendations. Sanitary Districts. These recommendations include the division of the State into ten sanitary districts, with a physician in charge of each district, who shall be given an office and an adequate number of assistants, including inspectors, nurses and a clerk. This physi- cian shall be paid by the State and shall not practice medicine or engage in any private business. His duties shall include super- vision of the work of all county, city, or town health officials, the enforcement of the law regarding the notification of cases of dis- ease; inspection of dairies, canneries, and all places of business or manufacture within his jurisdiction ; the inspection of county schools and school children ; the investigation of nuisances and the abate- ment of the same ; investigation of cases of sickness and institution of measures for the control of disease; the enforcement of the vac- cination act; the keeping of complete records of transactions and forwarding all necessary reports to the State Department of Health ; the delivery of public lectures throughout his district; the collection of samples for analysis ; the enforcement of the laws relating to the registration of births and deaths ; and the performance of all other duties that may be required of him by the state department of health. Water and Sewerage. Another recommendation is that a com- prehensive law be enacted making it compulsory on the part of all persons interested to have plans for proposed installations of water supplies, sewerage or refuse-disposal systems approved by the State $8 STATE ADMINISTRATION IN MARYLAND Department of Health; that the State Department of Health be empowered to require any changes or extensions in already existing installations that may be necessary to insure pure water supplies or proper sewerage or refuse-disposal systems, or to order the instal- lation of new water supply and sewerage or refuse-disposal systems in the absence of same, and giving the State Department of Health the power to close or to prevent the use of water from any well, spring, etc., that, in its opinion, is dangerous to health, or to require the filling or draining of places where there is any accumulation of stagnant water, breeding of mosquitoes or other nuisance. That the State be divided into at least four districts, in each of which shall be placed a representative of the State Department, to be known as district engineer, and to come under the supervision of the Bureau of Sanitary Engineering, and to be a graduate engineer or sanitary engineer. An appropriation of at least $50,000 is recommended for this reorganization and not less than $15,000 for the Bureau of Sani- tary Engineering. New Laws Proposed. Other recommendations are : that a state- wide campaign be carried on against typhoid fever; that investi- gative studies be carried on in the state relative to pellagra, tra- choma, hookworm, infantile morbidity and mortality, and malaria; that the vaccine agency be abolished and its functions given to the Department of Health, and the Vaccination Act be amended so as to make it stronger and modern; that laws be enacted providing for the maintenance of sanitation of factories, canneries, stables, hotels, restaurants, etc. ; that the maintenance of the sanitation of dairies and the control of milk supplies be taken out of the hands of the State Live Stock Sanitary Board and placed in the hands of the State Department of Health, and that more adequate laws and regulations be made to cover the subject; that a law be enacted requiring the reporting of all marriages and divorces to the State Department of Health; that a system of school inspections be in- augurated and carried on throughout the State. Since the study of the Department of Health was begun certain of the matters recommended in this report have already been acted upon by the state board. Bills have been prepared for introduction into the legislature relating to an increase in the secretary's salary, the maintenance of sanitation in all places where food products are manufactured or sold, the formation of an adequate, distinct field force, and a comprehensive control of water supplies and sewerage systems. In addition, the board has decided on a standard working day of seven hours, a new birth certificate has been adopted, and the City of Baltimore is now sending its daily morbidity report sheets to the State Department of Health every seven days. 3 * On February 10, 1914, a bill was introduced in the State Senate which proposed to divide the State into the ten recom- mended sanitary districts, and incidentally to increase the salary of the state secretary $500 ; and the prospects of im- proved public health legislation for Maryland seem some- what favorable. 34 Baltimore American, January 29, 1914. CHAPTER III CHARITIES AND CORRECTIONS In this chapter 1 will be treated three branches of admin- istration, all of them closely similar, yet all of them distinct : charities, including hospitals; care of the insane; and cor- rections, including the Penitentiary, the House of Correction, and various reformatories. CHARITIES There is no uniform or centralized system of charities in the State. Assistance is given to benevolent institutions in a haphazard, irregular way, although a Board of State Aid and Charities with incomplete powers has a limited super- vision of these institutions. Almshouses and Trustees of the Poor. There are alms- houses and trustees of the poor 2 in every county and in Baltimore City which come under state law. In 1906 the name of these " institutions for the care and custody of the indigent poor " was changed to " county homes." The trustees of the poor are county (or city) officers. It is unlawful for them to retain in a county home for a period longer than ninety days any child between three and six- teen years of age, unless such child is an unteachable idiot or is otherwise incapacitated for labor or service. Such 1 It should be noted that to some extent in this chapter references, especially those concerning correctional institutions, are made to the Code of Public General Laws of 1904 (Ppe's Code) on account of the fact that the Code of 1912 is divided into " Civil " and " Crimi- nal " and the Criminal Code is not yet published. The author was informed by Mr. William H. Davenport, who is secretary of the Board of State Aid and Charities, that this method is justifiable for the reason that the organization of institutions like the Peniten- tiary and the House of Correction has not been changed materially since 1904. 2 Code 1912, art. iv, sec. i ff. 59 6O STATE ADMINISTRATION IN MARYLAND [530 children are to be placed in respectable families or in educa- tional institutions or homes for children. It is the duty of the trustees of the poor, personally or through some ap- pointed person, to visit children so placed at least every six months, and to make inquiry into their treatment and welfare. Board of State Aid and Charities. A Board of State Aid and Charities was instituted in IQOO. 3 It is an unpaid board, composed of seven members, appointed for terms of two years, by the governor; at least two of them must be from the counties, and not more than four of them may be reappointed. They appoint a salaried secretary. The board is given the power of investigating the condition and management of all public or other charitable institutions receiving state aid. It reports to and makes recommenda- tions to the General Assembly. The secretary conducts the actual work of investigation and is subject to orders from the Senate Finance Committee and the Ways and Means Committee of the House of Delegates. Pauper and vagrant children are not to be brought into the State with- out the consent of this board. With only powers of in- vestigation and advice, it will be seen that this body in no way approaches an organ of centralization and coordina- tion of benevolent efforts in the State. We shall examine in detail, first, the work of this board and, after that, the various groups of institutions which are under its supervision. The present board seems to be well constituted, free from political influence, and energetic in doing the best within its powers. It recently issued the Seventh Biennial Report of the Board of State Aid and Charities, which includes a complete account of all the various branches of state charity in Maryland, based on a new and thorough investigation, and much of the in- formation in the following pages is obtained from this report.* 3 Laws 1900, ch. 679. 4 Where no reference is specifically made, this source will be implied. CHARITIES AND CORRECTIONS 6 1 Organisation of the New Board. The present Board of State Aid and Charities was appointed in April, 1912, and organized May 27, 1912. Section 4 of Article 88A of the Code of Public General Laws, which outlines the duties of the board, reads in part as follows: It shall investigate and consider the whole system of state aid to public and other institutions receiving state aid in this State. To this end it shall have power to make an investigation at any time into the condition and management of any institution financially aided by this State, and may demand such information, statistical or otherwise, as it may desire from the officers, directors or employees of such institution, or it may direct such an investigation to be made by a committee of its members or by its secretary; within one week after the convening of every regular session of the Gen- eral Assembly it shall furnish to the Chairman of the Finance Com- mittee of the Senate, and of the Ways and Means Committee of the House of Delegates, a printed report of the condition of all the institutions receiving financial aid from the State and shall further make such recommendations as to the appropriations for such in- stitutions as may seem wise and for the best interest of this State, giving the reasons for such recommendations as fully as may be practicable. There are at the present time one hundred and twenty- two institutions receiving money from the State. These institutions are scattered from one end of the State to the other, and range from a day nursery with nine or ten children in attendance up to the State Hospital for the Insane with 1500 patients. The work of the board has called for the supervision ot an expenditure of some $4,000,000 of state money during the last two years, and the probabilities are that this sum will increase rather than diminish. The State last year appropriated $1,389,187.72 for the maintenance of chari- table institutions alone. This sum is equivalent to about fourteen cents on the tax rate with the present taxable basis, or a little less than half the State's income from direct taxes. Although this board is given authority to investigate in- stitutions, it is not given the power to summon witnesses or administer oaths. It is also charged with the duty of recommending a system for state aid, and yet it is given 62 STATE ADMINISTRATION IN MARYLAND [532 no organic connection with the other departments of the state government, knowledge of whose workings is abso- lutely essential to any proper system. Furthermore, just what organizations come under the jurisdiction of the board is doubtful under the present law, and there is no definite statement as to where its duties stop and those of other departments of the state government, such as the Board of Education, begin. Principles on -which State Aid Should be Given. There apparently has never been any systematic basis for the state appropriations for charitable purposes. This fact was fully recognized by the previous boards, and they proposed cer- tain legislation establishing such a basis, which, however, was not passed. After a general review of the problem of state aid to chari- table and correctional institutions, the board in its Seventh Biennial Report lays down the following principles as funda- mental: that no appropriation should be granted for any purpose unless either the community is thereby protected from danger or harm or the work is necessary to guarantee the future welfare of the State ; that until the State is in a position to perform a service for all of a certain class of people, it has no right to perform it for special individuals or arbitrary groupings of individuals; that it owes to the people for whom the service is directly performed a duty to see that they get the very best treatment it can give to them ; that it is under obligation to the taxpayer to see that these services are secured for the least amount of money, whether the instrumentality used be public or private. In order to carry out these principles, the report continues, it will be necessary that the lump system of appropriations be done away with, and the State should enter into contracts with institutions doing work for it by which these institutions will be paid on a per capita basis according to the quality and quantity of work they actually do. We now have on our statute books a section which prohibits the use of state money for building purposes unless it is specifically appro- 533] CHARITIES AND CORRECTIONS 63 priated for this purpose. The State should go further and require that the title of all buildings provided for from state appropriations should vest in the State, or that the State should be given a lien which will prevent the property from ever being used for any purpose other than that for which the money is appropriated. State Aided Institutions Under the Supervision of the Board. The general hospitals constitute one of the most complex problems with which the Board of State Aid and Charities has to deal. There are twenty-four of these in- stitutions to which the State gives aid, located so as to cover practically the entire State, and ranging in size from the hospital at Leonardtown with about fifteen beds to the Mercy Hospital in Baltimore with its average of three hun- dred patients. Two of these hospitals are state institutions, namely, the Miners' Hospital at Frostburg and the Home and Infirmary of Western Maryland at Cumberland. The others are private institutions over which the State has abso- lutely no control. Some of these cater largely* to the wealthy, and provide a very much more expensive grade of service than is needed by the people generally. Further- more, the standards of efficiency in these hospitals vary from the best to some that the board considers hardly passable. The financial control and administration of some are exceed- ingly good, while in others there is evidence of ex- travagance. 5 The Board of State Aid and Charities is of the opinion that at least one half of the cost of treating patients in hospitals should be borne by the local communities, and in a bill, tentatively framed, it has provided that one half the cost of the hospital treatment be charged to the county or the city, as the case may be, from which the patient comes. Consideration of the problems presented by the special hospitals may be divided into three classes: first, problems 5 The problems connected with the proper adjustment of financial arrangements between the State, the City of Baltimore, and the pri- vately administered hospitals are discussed in detail in the Seventh Biennial Report. 64 STATE ADMINISTRATION IN MARYLAND [534 connected with the eye, ear, nose, and throat hospitals; second, those related to the hospitals for crippled children ; third, those incident to the proper care of sufferers from tuberculosis. Taking up first the eye, ear, nose, and throat hospitals, we find that there are only two institutions in this class re- ceiving state aid, namely, the Baltimore Ear, Eye and Throat Charity Hospital, and the South Baltimore Ear, Eye, Nose and Throat Charity Hospital. These institutions are appar- ently doing good work. The Board of State Aid and Chari- ties considers that the work of the Baltimore Ear, Eye, Nose and Throat Charity Hospital is one which, as long as the policy of subsidies to private institutions is continued, should find a place on the list of the state appropriations. There are two special hospitals dealing with the care of crippled children, namely, the James Lawrence Kernan Hospital and the Children's Hospital School. Both of these institutions are doing excellent work. The Children's Hospital School is located in a new building well equipped for the purpose, and has the services of nurses from the Church Home and Infirmary. Its per capita cost shows the result of careful management and of equipment suited to its purpose. By far the greatest problem presented under the head of special hospitals, however, is that connected with the state care of sufferers from tuberculosis. The fact that about ten per cent of all the deaths in 1913 were due to tuberculosis, and that this percentage is somewhat lower than it had been previously, is sufficient to make this a subject for most careful consideration. In 1902 and 1904" the governor was authorized to appoint a tuberculosis commission, consisting of five members, three of whom had to be physicians. They were to investigate tuberculosis in Maryland and the means of controlling it, and were to study the question of establishing a tuberculosis Laws 1902, ch. 451 ; 1904, ch. 476. 535] CHARITIES AND CORRECTIONS 65 sanatorium, and to report concerning its construction, cost, equipment, location, and so on. The members were to serve for terms of two years, and without pay except expenses. Unlike practically all other commissions and boards in Mary- land administration, this commission was made self-per- petuating; the members were to fill vacancies by a majority vote of their own number. They were required to make a report of their investigations by January, 1906. All hos- pitals and similar institutions receiving state aid were re- quired to report to the commission facts which might aid it in its investigation, as, for example, every case of tuber- culosis, on blanks furnished by the commission. Since i892 7 an annual appropriation of $2000 had been made for the investigation of tuberculosis, and this was applied to this work. The work of this commission in investigating tuberculosis was subordinate and temporary. The investigation and con- trol generally of the disease in the State falls within the sphere of the health department. Recommendations were made, and an act of I9o6 8 established the Maryland Tubercu- losis Sanatorium. This institution is governed by a board of managers consisting of the governor, the comptroller, the treasurer, and a number of other persons which was formerly six, but was increased in 1908 to seven, who are appointed by the governor, with the consent of the Senate, with alternating terms of office. They must be non-partisan, and must be technically experienced; they receive no pay. The governor appoints to vacancies. The board, known as the Board of Managers, hires and discharges employes, and sends a report annually to the governor, who transmits it to the General Assembly. The board has complete charge of the sanatorium, which is located near Sabillasville in the heart of the Blue Ridge Mountains, on the line of the Western Maryland Railway about sixty-nine miles from 7 Laws 1892, ch. 451, sees. 3, 4. 8 Laws 1906, ch. 308. 9 Laws 1908, ch. 328. 5 66 STATE ADMINISTRATION IN MARYLAND [536 Baltimore. It was spoken of by the governor in 1910 as " the leading institution of its kind in the United States," and as having " served as a model for many other States which were organizing institutions for the purpose of fighting the ' white plague.' " It was opened in August, 1908, and by 1910 consisted of an administration building, a dining hall, an infirmary, eight pavilions, a house for heating and lighting purposes, a cottage for the farmer, and some small buildings. Since then, con- stant additions and improvements have been made. At the close of 1911 the number of patients in the institution was 210, and by the loan of 1910 the capacity was increased by about 200. 10 Persons who can afford to pay are expected to do so, but there are certain free beds, and in 1912" it was stated that " preference is given so far as the maintenance is sufficient, to free treatment." The institution is devoted en- tirely to persons suffering from tuberculosis in a curable form who present a reasonable hope of recovery. In addition to the State Sanatorium, there are two private sanatoriums which have received state aid, the Hospital for Consumptives of Maryland, popularly known as Eudowood, and the Jewish Home for Consumptives at Reisterstown. These care for both incipient and advanced cases. A private concern had also instituted a tuberculosis sanatorium (Pine Bluff Sanatorium) on the Eastern Shore near Salisbury. In I9I2 12 this was purchased by the State. These sana- toriums provide sufficient accommodations for white con- sumptives in Maryland. What is now needed is adequate provision for the colored tuberculous patients in the State. In addition to a hospital for tuberculous negroes, the state board recommends that there be established a chain of small local hospitals somewhat similar to that at Pine Bluff for the care of the advanced cases in the communities im- mediately surrounding them. Such patients as are deemed by the local health officers to be a menace to the health of 10 Report 1912. " Ibid. 12 Laws 1912, ch. 650. 537] CHARITIES AND CORRECTIONS 6/ the community or such sufferers as are not in a position to get proper care should be removed to these local institutions. In addition, it is urged that the system of tuberculous visiting nurses established in Baltimore and in several coun- ties be extended either under state or other auspices to cover the entire State. Experience has proved that these nurses are necessary to the proper care of the sufferers. If this work for the prevention and cure of tuberculosis is to be properly and systematically done, it is necessary that it be under the direction of some guiding hand. Furthermore, it is fairly certain that a central body could more economically handle the two tuberculosis sanatoriums now in existence and the proposed sanatorium for negroes than could separate organizations. The commission having in charge the conduct of the State Sanatorium has proved its efficiency, and by its experience has become conversant with methods of dealing with tuberculosis. It is therefore desirable that a law be enacted making the commission of the present State Sanatorium the managing body of all sana- toriums now or hereafter erected by the State, and giving it authority to inspect them and to advise as to the conduct of all sanatoriums or other organizations for the treatment of tuberculosis now supported wholly or in part by the State or any of its subdivisions. Among the most important of the charitable duties which fall to the State is provision for such children as for one cause or another must be taken care of by the public. The State supports, either partially or entirely, various orphan- ages and placing-out agencies, reformatories, and schools for defectives. Practically all of them, however, are under private management, and, aside from giving money to them, the State has never set any standards which control the training of these classes of children. The Board of Educa- tion has even taken the stand that the Compulsory Educa- tion Law does not apply to children in institutions. The orphan asylum until very recently was the only 68 STATE ADMINISTRATION IN MARYLAND [538 known way of taking care of dependent children. Accord- ing to the best information that can be gathered, there are now in this State forty orphan asylums in actual operation. These care for an average population of 2517 children ; eigh- teen of these, caring for 1879 children, receive aid from the State, and therefore come under the jurisdiction of the board. Many of these institutions are doing excellent work and are as good as any to be found in the country. New Legislation Proposed by the Board. 13 The Board of State Aid and Charities in its Seventh Biennial Report makes certain criticisms and recommendations which we shall briefly mention. First, since the board holds office for only two years, its tenure should be lengthened, and the terms of members should interlock in order that men familiar with the work will remain in office. This lengthen- ing of tenure is needed especially in the case of the secre- tary, and this officer should be required to be a trained social worker. A similar need is that the system of reports and procedure should be made permanent, as frequent altera- tion of it causes confusion. Because the board must super- vise many institutions for women and girls, it is urged that two women be made members of the board. There should be greater coordination between the work of the Board of State Aid and Charities and other departments of state administration. It is further claimed that the board should be given supervision of almshouses and jails and of the Penitentiary and the House of Correction. Some such supervision is needed, as will be seen in a later part of this chapter, but probably this should be vested in a special board. The Board of State Aid and Charities makes two valuable suggestions regarding the general system of state aid. Aid to charitable institutions, it says, should be put on a contract basis, in order that the State may be assured of value re- ceived for money paid. Finally, each governmental unit 13 The following criticism of present administrative conditions and recommendations for their improvement are taken from the Seventh Biennial Report of the board, the language of that report being closely followed. 539] CHARITIES AND CORRECTIONS 69 should bear part of the expense of its sick and dependent citizens. The plan of part state and part local pay should be extended to cover all classes of dependents. Even if the first mentioned changes were made in its organization and powers, it is doubtful if the position of the Board of State Aid and Charities would be satisfactory. This board should not be merely an advisory one. There seems to be every reason for giving it complete control of state benevolence, and control, rather than supervision, of state aided institutions ; this should be done, of course, after educational and like matters have been removed from its scope and its field has become properly defined. Only in this way, and also by gradual elimination of state aid to private charities, may the state charities system become well organized and efficient. THE INSANE 14 Laws for the care of the insane in Maryland are found as far back as 1826. The insane of the pauper class, that is, those without means of self-support and without relatives or friends to keep them, formerly were committed to the county or city almshouses or to hospitals by the county commissioners in the counties, and by the " supervisors of city charities of the department of Charities and Cor- rections" in Baltimore City. If these officers were uncer- tain as to the sanity of a person, they might take the matter to court, and have it decided by a jury. If the person con- cerned or his relatives or friends demanded this examina- tion, it had to be made. The local trustees of the poor received insane persons committed to their respective alms- houses and charged the county or city, as the case might be, for their support. By laws of 1904 and 1908" it was provided that after January i, 1911, all dependent insane residents of the State 14 Code 1912, art lix, sec. I ff. 15 Laws 1904, ch. 421 ; 1908, ch. 435. /O STATE ADMINISTRATION IN MARYLAND [540 were to be charges of the State, and such persons who were then in local almshouses and asylums were to be removed to state insane hospitals. For furthering this purpose a special lunacy commission was appointed by the governor, of which he was a member ex officio, which reported to the next legislature on amendments and other measures deemed necessary for the care and treatment of the insane, including plans for the enlargement of the existing state insane hos- pitals or the creation of new ones. This system of state care of the indigent insane was never put fully into effect, and a seeming abandonment of it is found in an act of I9io 16 which provided that for each patient in any state insane institution who was from a county or the City of Baltimore, the county or city, as the case might be, must pay the State $100 for board, care, and treatment, and that the remainder of the expense should be borne by the State. This leaves the matter in a rather confused and unsatisfactory condition. Efforts are being made, and with increased success, to provide for the state care of all indigent insane. While the existing state hospitals have never be- come of the capacity to accommodate all such indigent in- sane, they are being enlarged and added to, and it would seem that in time the provisions of the acts of 1904 and 1908, which have never been repealed, will be carried out. This matter will be considered more in detail in the follow- ing paragraphs. Under the present system of state care of the insane, " reimbursing patients," who pay partly for their own care, may be admitted to insane hospitals, but no one can be com- mitted who has, through relatives or friends, any means of complete support. Involuntary commitments to insane institutions cannot be made without certificates, not over thirty days old, from two qualified physicians who were not related to the person examined and were not connected with the institution to which it is proposed to make the commitment, and who have 16 Laws 1910, ch. 715, sec. 380. CHARITIES AND CORRECTIONS /I made separate examinations and found it necessary that the person be committed to such institution. Those in charge of an asylum which is authorized to hold in custody insane persons may appoint employes as police- men, who, under orders, may pursue, arrest, and return escaped inmates. The Lunacy Commission, which will be discussed later, is vested with coroners' powers in regard to deaths in asylums. It may at its discretion transfer violent patients from county institutions to state hospitals, at the expense of the county, or may transfer chronic cases from state hospitals to county institutions. The superintendent or chief medical officer of an asylum may parole or dis- charge except in cases of criminal insane. In 1910 the Lunacy Commission was given power to ap- point a board of five "visitors," without pay, for each county asylum and almshouse. These persons must be resi- dents of the respective county, and two must be women; all members have the power of inspection and recommenda- tion, and they are to make monthly reports of their visits. The personnel of these boards may be changed by the com- mission at pleasure. The board of directors of the Penitentiary or of the House of Correction may summon the Lunacy Commission to examine and pass upon the sanity of a convict, and if the commission finds him insane it makes complaint to a criminal court of the county or city, which orders his removal to an insane asylum, at state expense. Regarding the expense connected with the care of the state insane, the counties and Baltimore City, as before stated, must pay $100 for each person sent to a state insane hospital, the remaining expense being paid from the state treasury. The cost of keeping the patients is certified by the superintendents of the institutions to the comptroller, who collects the proper proportion from the counties. This expense is met by the county by taxation. If it remains unpaid, it is recovered by action by the attorney-general; and if it remains unpaid after a levy of taxes in the county, 72 STATE ADMINISTRATION IN MARYLAND [542 a rate of one per cent interest per month is charged the county. If it is found that a patient is not a proper charge against any particular county, he becomes completely a state charge. Debts of the county for the support of an insane person in a state hospital are made charges against the estate of that person if he has no heirs; but no real property of the estate may be sold for this purpose during his lifetime, and no personal property may be sold after five years, except by order of a proper court. If so sold, the proceeds must be invested safely for the benefit of the insane person. There was recently organized a Mental Hygiene Com- mittee, which is a private institution, and which has been doing effective work in the prevention of insanity and in the after-care of patients from insane institutions. A num- ber of well-known scientists are members of the committee. It has been urged that state aid be extended to this very valuable work. Lunacy Commission. Since 1886 there has been a Lunacy Commission in Maryland, 17 with supervision of all public and private institutions for the insane. It consists of four commissioners appointed by the governor, who, together with the attorney-general, serve for terms of four years; the governor is a member ex officio. They receive no pay but are allowed expenses. At least three of them must be from Baltimore City; two must be graduate physicians of some recognized medical college and must have had five years' practice; one of these must have had two years' ex- perience in treatment of the insane; and no member is to have any pecuniary interest in any insane institution or in the supplies for or treatment of its inmates. The commission appoints a secretary, who is a qualified physician with at least two years' experience in mental dis- eases, and who receives a salary of $2500 and is allowed $2500 a year for conducting the work of the commission. Meetings are held monthly, and also at any time at the 1T Code 1912, art. lix, sec. 12 ff. 543] CHARITIES AND CORRECTIONS 73 request of two members. There are regular semi-annual meetings, which the several boards of managers of the various state hospitals for the insane and feebleminded are required to attend, for the purposes of "consultation and more harmonious and effective administration." The com- mission is charged with the " custody, treatment, and cure of the insane." The powers and duties of the commissioners are as fol- lows : They are to investigate and supervise all insane in- stitutions, public and private, in the State, including an inspection of treatment, sanitation, diet, and records. The secretary, or one member at least, is to visit every such in- stitution at intervals of not less than six months. Visits may be made at any time, day or night ; and on these visits patients are to be given the opportunity to talk privately with the visitor. Furthermore, every inmate of an asylum must be allowed correspondence with the Lunacy Com- mission, as well as with one person not a member of the commission. They are to encourage scientific research by publishing bulletins of the scientific and administrative work done by officers of such institutions. If they find a person whom they believe to be improperly detained, they may, through the state's attorney, bring the matter into court. They may also visit sanatoriums and hospitals, public and private, to discover if any insane persons are held there contrary to the law. All officers of both of these classes of institutions are bound to give them free access and any in- formation desired. They are empowered to summon wit- nesses, administer oaths, and take testimony in cases to determine whether or not a person is wrongfully detained, and to present offenders to the grand jury. From this the managers of the institution may appeal as from cases before a justice of the peace. The commission makes annual reports to the governor, which include reports that they have required from institutions under their supervision, together with recommendations. The reports of institu- tions to them must contain records of each patient, accounts of all accidents that have occurred, and all restraints used. 74 STATE ADMINISTRATION IN MARYLAND [$44 By act of iQio 18 the commission was divided into hospital district committees. All private institutions for the insane must obtain licenses from the Lunacy Commission; but this does not include any state or incorporated institution in the counties except where a county almshouse receives insane persons from another county for pay. The applica- tion for such a license must contain all plans and details of the proposed institution, number of patients to be ac- commodated, and so on. The license may be refused, in which case appeal may be taken to the courts. Insane Hospitals. 19 There are five state insane hospitals : the Maryland Hospital for the Insane, or Spring Grove State Hospital, at Catonsville; the Springfield State Hos- pital at Sykesville; the Hospital for the Negro Insane of Maryland, or Crownsville State Hospital; the Maryland Asylum and Training School for the Feeble Minded, or Rosewood State Training School, at Owings Mills ; and the Eastern Shore State Hospital. The first four of these in- stitutions, according to their reports, had a total of about 2821 patients on October i, 1913. Generally it may be said that the governor appoints the managing boards of these institutions and that they are efficiently conducted by well trained physicians. A central purchasing committee recently established will probably cause greater economy in the buying of supplies. In I9io 20 a loan of $600,000 was created for their benefit, and $100,000 of this was set aside for the Crownsville negro hospital, constructed after that date. Similarly, in I9I2 21 the sum of $200,000 out of a total insane hospital loan of $800,000 provided for the building of the new Eastern Shore State Hospital, which was the result of a demand for a hospital for the accommodation of insane patients from the Eastern Shore. 18 Laws 1910, ch. 715, sec. 38A. 19 For organization of the various hospitals and accounts of loans, see Lunacy Commission Report 1913. Also Code 1912, arts, xliv, lix, xxxi; Laws 1910, ch. 250; 1888, ch. 183; 1894, ch. 562; 1912, ch. 187. 20 Laws 1910, ch. 250. 21 Laws 1912, ch. 187. 545] CHARITIES AND CORRECTIONS 75 Still greater support, however, is needed, according to the reports of these institutions and of the Lunacy Commission, and it seems only proper that Maryland, having undertaken a system of state care of its indigent insane, should give aid sufficient to provide adequate accommodations for all of that class of its inhabitants. The organization of the system of state insane hospitals is good. The Lunacy Commis- sion has only supervisory and not controlling authority over the insane hospitals, but this seems wise in the case of in- stitutions conducted by experts and maintained, to a con- siderable extent, as completely separate institutions. CORRECTIONS The correctional and penal institutions in Maryland are various reformatories, the House of Correction, and the State Penitentiary. These will be considered in the order named. Reformatories. The following correctional, state-aided institutions have a semi-, or perhaps, more correctly, a pseudo-state character. Some of them have on their gov- erning boards members appointed by the governor; all are authorized to receive inmates on commitment from the state courts. 22 (i) The House of the Good Shepherd, for white girls under eighteen, must report annually to the governor. (2) The House of the Good Shepherd, for colored girls, is conducted like the one for white girls. (3) The House of Reformation, for colored boys. Two members of a board of sixteen managers are appointed by the governor. The board must report to the General Assembly. (4) The House of Refuge, for white male children. Four members of a board of twenty- four managers are appointed by the governor. The board must report to the General Assembly. (5) The House of Refuge, female. Ten out of thirty directors are appointed by the governor, with the consent of the Senate. (6) The Industrial Home for Colored Girls. 22 Code 1904 art xxvii, sec. 477 ff. 76 STATE ADMINISTRATION IN MARYLAND [546 Two out of eleven managers are appointed by the governor. The board must report to the General Assembly. (7) St. Mary's Industrial School for Boys, for orphan and destitute boys. The governor appoints every two years three persons to the board of trustees. The House of Correction. The Maryland House of Cor- rection, 23 established in i874, 2 * was reorganized by act of i884 25 and was placed under the control of a board of man- agers constituted as follows : the governor, the comptroller, the attorney-general, and the treasurer, for the time being ex officio members, and nine other members appointed by the governor with rotating terms of office, so that three of them go out of office every two years. This board has all power of making rules and regulations, appointing officers and employes, and so on, for the running of the institution. There are specific enumerations of persons who may be sent to the House of Correction, but the general rule is that "whenever any person may be convicted in any of the courts of this State for any crime or misdemeanor, who is liable under existing law to be sentenced to imprisonment for a period not less than two months and not exceeding one year, such court may, in its discretion, sentence such person to be confined in said house of correction, instead of other place of confinement." In addition to many faults in the method of conducting the House of Correction with which it is not possible to deal in this study, such as cruel punishment, insanitary conditions, and so on, there is one evil which may be con- sidered administrative in character. This is the system of contract labor, which in the Maryland Penitentiary has been so strongly condemned. The system should be abolished. The Maryland Penitentiary. The State Penitentiary 26 is managed by a board of six directors, who are appointed, two 23 Code 1904, art. xxvii, sec. 462 ff. 24 Laws 1874, ch. 233. 25 Laws 1884, ch. 513. 26 Code 1904, art. xxvii, sec. 548 ff. 547] CHARITIES AND CORRECTIONS 77 every two years, by the governor, with the consent of the Senate, and who receive two dollars a day for time spent in fulfilling their duties. These directors annually appoint a warden, whom they may discharge, and who receives $4000 per year, allowance for subsistence, and occupancy of a residence at the Penitentiary. The warden appoints, sub- ject to the approval of the board, an assistant warden, a physician, and a matron, and deputies, guards, and other employes, whose compensation is determined by the board of directors. No person officially connected with the Penitentiary may be interested in any way in any sale or purchase by or for the institution, although the directors may authorize the payment of officers in goods, work, or manufactures of the Penitentiary. The directors are authorized to enter into contract for the employment of the convicts and for the sale of manufactures in the institution. The directors are required to make special financial reports to the comptroller, and general and financial reports every month and every year to the governor, who transmits them to the legislature ; in addition to this, the criminal court of Baltimore must, at each term, charge the grand jury to inquire into the conduct and management of the Penitentiary, and must direct a number of grand jurors, not over six, to visit and ex- amine it. Criticism. The Maryland Penitentiary has long been a very profitable institution, but in a recent investigation which was made by the Maryland Penitentiary Penal Com- mission, appointed by the governor in 1912, the institution was found to be corrupt in management. According to the report of the commission made on February 4, 1913, many evils were found there, the worst of which, from an ad- ministrative point of view, was the existence of graft among those in charge. The commission recommended important changes in the entire state penal system. The contract sys- tem of labor, it said, though profitable, should be abolished, and there should be substituted either the "state use" sys- 78 STATE ADMINISTRATION IN MARYLAND [548 tern, by which the State manufactures goods for its own in- stitutions, or the "state account" system, by which the State goes into the open market with the products of its own penal industries. The determination upon one or both of these systems should be made after an investigation of local conditions, including local markets, and so on. In ad- dition to following these suggestions of the commission, it may be remarked that the system of convict labor on state roads, which has been used in other States, notably Col- orado, with benefit to both the State and its prisoners, might be found to be suited to Maryland conditions. The commission recommended that all county jails which, incidentally, it describes as "abominable" and all city jails "be abolished as places of final sentence, and be maintained purely as places of detention for those awaiting trial." It urged some better supervision of the reforma- tories of the State and the abolishment of duplication of work by them. Most important of all, the commission recommended that the boards of directors of all state penal institutions be abolished, and that there be created instead a central board of five " prison inspectors " to be appointed by the governor and to serve without pay, but to have a high-grade, high-salaried secretary. This board should have complete charge of all state penal institutions. In 1912" the governor appointed a large Penal System Commission, composed of representatives of various state offices and state and other institutions, who were given the power to investigate all institutions where persons are de- tained for violation of the laws of the State. This com- mission reported on February 16, 1914, urging changes similar to those advocated by the Maryland Penitentiary Penal Commission. It recommended the creation of a State Board of Control to assume management of the State Penitentiary and the House of Correction, and in addition the establishment of an Advisory Board of Parole to assist the governor in the exercise of his powers of pardon and 27 Laws 1912, ch. 596. 549] CHARITIES AND CORRECTIONS 79 reprieve and to put into force a proposed indeterminate sentence system. Some reorganization of the state penal system, based on the recommendations of these commissions, should, and probably soon will, be effected. If the penal institutions of the State are to be coordinated and controlled properly, they must be put under the management of a central board with complete authority over all of them. CHAPTER IV FINANCE It need scarcely be remarked that the financial branch of state administration is one of the oldest, having neces- sarily existed from the beginning of the state government itself; although, of course, certain auxiliary financial of- fices, like those of state tax commissioner, state bank com- missioner, and state insurance commissioner, are of very recent origin. It is not the primary purpose of this chapter to present a history of the financial machinery of the state government, but a word may be said as to its develop- ment. Under the first constitution of 1776 two state treasurers were appointed by the House of Delegates, one from the Eastern Shore and one from the Western Shore. 1 They were directly responsible to the House of Delegates, who might examine their accounts or appoint auditors to do so. By the constitution of 1851 the system was changed, and the affairs of the treasury were divided between a comp- troller and a treasurer; a comptroller was elected for a term of two years by the people, and a treasurer was ap- pointed by the legislature at each biennial session and each was made a check upon the other. It was made the gov- ernor's duty to examine semi-annually the accounts of both officers and during a legislative recess he could appoint to a vacancy. While the comptroller's duty was to take care of state money, the treasurer's was to receive and disburse it. Commentators on the constitution of 1851 considered the 1 This method of bisecting the State with the Chesapeake Bay as the dividing line is frequently found in political affairs of the last century. It was based on convenience, no doubt, but probably also indicated a rivalry between the two " shores." 80 55l] FINANCE 8 1 plan which went into effect at that date a great improve- ment over the former arrangement. Hinkley 2 said : The whole department is remodelled. The Comptroller of the Treasury is a new officer designed as a check upon the Treasurer. The former is to be elected by the people, the latter by the legislature. This plan of giving authority to one from one source and to the other from another makes them, in a measure, independent of each other; and thereby the danger of collusion is greatly lessened. By the old system, there was no such check upon the Treasurer, the integrity of a single individual being the chief and almost only safeguard of the State in regard to its treasure. This system of division of duties between the comptroller and the treasurer was not changed by the constitutions of 1864 and 1867, an d remains fundamentally the same today. The comptroller must give bond of $50,000, with securi- ties approved by the governor, and must report annually to the legislature, or, if this is not in session, to the governor, accounting for all funds, revenues, and expenditures of the State, and estimating the receipts and expenses for the cur- rent year. 3 He must also have printed with the laws at each legislative session a statement of receipts and expen- ditures of state money, and his office is subject to inspec- tion by the governor and members of the General Assembly. He also obtains reports concerning the revenues and taxes of the State. He checks up the treasurer by keeping an account between the latter officer and the State and by examining monthly the treasurer's own accounts. Persons or corporations having claims against the State for errors in taxes may present them to the comptroller, who reports them to the General Assembly in cases where he believes the claim to be just, after first deducting any indebtedness of such persons or corporations to the State. He directs state's attorneys to bring suit in the case of default of any receiver of public money, such as a court clerk, a registrar, a contractor, or a collector of taxes, after he has allowed a certain period to elapse and has given notice to the de- faulter. Also, in cases of default, that is, where accounts 2 Notes on the Constitution, p. 80. 3 Code 1912, art. xix, sec. 2 ff. 6 82 STATE ADMINISTRATION IN MARYLAND [552 of such officers are in arrears, after thirty days' notice he advertises the default in newspapers for thirty days prior to a general election, except in cases of default unsettled for five years or over. He adjusts all claims of state's attorneys against the State; and similarly settles claims of the State against all receivers of public money and all state debtors, and may in certain cases (at present, if the debt accrued prior to or during 1908) make abatements subject to the approval of the governor and the treasurer, when he feels sure that the full amount could not be col- lected. The comptroller sees to it that incorporated monied in- stitutions publish unclaimed dividends and deposits. All associations and corporations, industrial, educational, med- ical, humane, military, or charitable, receiving state aid must file an annual itemized account with him, stating how their appropriations were spent, and if this is not done the comptroller stops the issue of further warrants for the de- linquent institution. The comptroller has examinations made of the financial affairs of all these state-aided insti- tutions. In some cases the comptroller is given express power to refuse payment to state officers or institutions when he considers a certain expenditure an unnecessary one. This is provided in the case of the State Lunacy Commission. State-aided institutions are prohibited from using state money for land or buildings unless the appropriation was for that purpose. The state treasurer, 4 handling directly as he does the funds of the State, is required to give bond of $200,000 with securities approved by the governor; and he in turn must require any agent whom he appoints to give like bond. The treasurer, like the comptroller, receives claims from errors in taxation and presents worthy ones to the legis- lature. He is authorized to appoint, without compensation, 4 Code 1912, art. xcv, sec. 2 ff. ; art xxiii, sees. 106, 107, no, in, 115, 121, 157. 553] FINANCE 83 the president of an incorporated bank of Baltimore City as his agent to pay interest on the public debt. It would be outside the sphere of this work to examine the great mass of corporation laws of the State, but many classes of corporations are brought under the financial supervision of the State, either through the bank com- missioner, the insurance commissioner, or the treasurer. All corporations receiving money on deposit, like security and guaranty concerns, must deposit a certain amount of stock or bonds with the state treasurer, who pays interest obtained on them and holds them subject to the order of a court of competent jurisdiction. All such concerns must report semi-annually to the treasurer, and are subject to yearly examination by him or by one of his agents. In case a corporation attempts to do business without making its required deposit, the treasurer advertises the fact and reports to the attorney-general, who institutes proceedings. If he orders changes in such corporations and they are not made, he communicates with the attorney-general. The treasurer receives fees collected by the tax commis- sioner for incorporations, receives the required deposits from insurance companies, and receives franchise taxes from all corporations. He must report at every session of the legislature on the condition of all corporations required to report to or to be examined by him. 5 PUBLIC WORKS The office of commissioner of public works was created by the constitution of i85i 6 for the superintendence of the interests of the State in railway and canal companies, in which it was, at that time, extensively involved. There were four such commissioners, and the office was elective. Since their functions were practically the same as those of the present Board of Public Works, they will be outlined 5 The bank commissioner and the insurance commissioner will be treated later in this chapter. 6 Art. vii, sec. I ff. 84 STATE ADMINISTRATION IN MARYLAND [554 here. They were to exercise a "diligent and faithful su- pervision of all Public Works " in which the State was in- terested as stockholder or creditor. They were to represent the State at all meetings of stockholders ; to appoint direc- tors in every railroad or canal company in which the State had constitutional power to appoint directors; to review from time to time the rates of tolls adopted by all such companies ; to use legal powers which they possessed to obtain the establishment of rates of toll which might pre- vent injurious competition to the detriment of the interests of the State ; so to adjust these rates as to promote agricul- ture in the State ; at each session of the legislature to make a report, and to recommend such legislation as they deemed " necessary and requisite " to promote or protect the in- terest of the State in public works. The State was divided into four districts, with one com- missioner assigned to each district. A commissioner had to be for five years a resident of the district in which he was elected; and vacancies were appointed to by the gov- ernor. In case of an equal division of the board on any subject submitted to it, the treasurer was called upon to decide. By the constitution of i864 7 the governor, the comp- troller, and the treasurer were constituted the Board of Public Works, and this was continued by the present con- stitution, drawn up in 1867. This system obviously places the public works much more closely under the supervision of the principal financial officers of the State and tends toward centralized efficiency, while it incidentally saves in salary expenditure, since the governor, the comptroller, and the treasurer receive no additional salary as members of the board. A few slight changes were made by the consti- tution of 1 867. Instead of personally representing the State at every meeting of stockholders of any railway or canal company in which the State is interested, the mem- bers of the board appoint representatives. 7 Art. yii. 8 Art. iii, sec. 34 ; art. xii. 555] FINANCE 85 The unique provision concerning noncompetitive rates was continued, but this was done by means of reports fur- nished by the state directors. They were to require the directors of these transportation companies "to guard the public interest and prevent the establishment of tolls which shall discriminate against the interest of citizens or prod- ucts of Maryland, and from time to time and as often as there shall be any change in the rates of toll on any of these public works, to furnish to the Board a schedule of the modified rates." Thus they were to adjust rates so as to protect the agricultural interests of the State. Further, the president and the directors of the Chesapeake and Ohio Canal were required so to " regulate the tolls of said com- pany as to produce the largest amount of revenue and to avoid injurious effects to the company of rival competition by other internal improvement companies." The motive for these interesting provisions seems to have been com- pounded of a belief in the injuriousness of competition, a desire to reap the largest possible profits from state enter- prise, and a concomitant, if paradoxical, wish to protect the interests of the people, particularly the agricultural in- terests. But these provisions need not further be consid- ered on account of their practical obsoleteness. The period of large state investments in railways, canals, and like busi- nesses has passed away ; the principal duty of the Board of Public Works today is that of handling state bonds. 9 It has a few other functions. In case of a controversy between a corporation in which the State is interested and its employes, the Board of Public Works may arbitrate if it deems it proper, and if both parties agree to arbitrate. If they refuse, the board reports the case to the next Gen- eral Assembly. 10 From 1868" to 1910 there could be sub- mitted to it for final arbitration questions of difference aris- ing between any two corporations in the State, or between a corporation and a citizen, in regard to locating, construct- 9 See page 12. 10 Code 1912, art. vii, sec. I. 11 Laws 1868, ch. 471, sec. 150. 86 STATE ADMINISTRATION IN MARYLAND [556 ing, or working a railway or in respect to transportation charges. But matters of construction and transportation charges by railways now come under the jurisdiction of the comparatively new Public Service Commission. The Board of Public Works appoints a commander and a deputy commander for, and in general has supervision of the State Fishery Force; 12 it buys equipment for it, re- moves officers for neglect or incompetence, and receives monthly financial reports from the commander. The board also appoints three persons as members of the Shellfish Commission, 13 one from a tidewater county of the Eastern Shore, one from a tidewater county of the Western Shore, and one from Baltimore City, and designates one member as president ; but the Shellfish Commission makes its report, which is in the form of a published pamphlet, directly to the legislature. The Board of Public Works is supposed to have charge of purchasing stationery for use in state offices. 14 INVESTMENTS AND DEBT Counties. While the matter of county investment is distinct from that of state investment, the State exercises a certain supervision over the counties in this regard. The constitution 15 provides that no county in this State shall contract any debt or obligation in the construction of any railroad, canal, or other work of internal improvement, or give or loan its credit to or in aid of any association or cor- poration, unless authorized by an act of the General As- sembly, which shall be published for two months before an election for members of the House of Delegates in the news- papers of the county, and shall also be approved by a ma- jority of all members elected to each house of the General Assembly at its next session after the said election. 12 For further treatment see page 121 ff. 13 For further treatment see page 123 ff. 14 Code 1912, art. IxxviiiA, sees. 1-6. 15 Constitution 1867, art. iii, sec. 54. 557] FINANCE 87 The State. The constitution of i85i 16 provided that no state debt might be contracted by the legislature without a provision for an annual tax that would meet the interest as it fell due and that would also discharge the principal within fifteen years ; and these taxes might not be repealed or ap- plied in any other way until their purpose was accomplished. The total amount of state debt was limited to $100,000, but it was provided that the legislature might borrow $50,000 to meet a temporary deficiency in the treasury. In i864 17 the limitation of state indebtedness to $100,000 was omitted. Under the constitution as it stands today the legislature in contracting a debt is still bound to provide an annual tax sufficient to meet the interest and to discharge the principal within fifteen years. 18 In the process of disposing of the investments of the State in so-called internal improvements and in banking concerns, which began to take place about the middle of the last century, the Board of Public Works was naturally the body which carried on the disposition. Laws of i8o,2 19 and I9o6 20 provided that in selling, in pursuance of provisions of the last state constitution, the interest of the State in works of internal improvement or in any banking corpora- tion the Board of Public Works was to advertise in news- papers and receive bids, which should be opened publicly ; if bids were in its judgment high enough, it was to sell. There are a number of general regulations in force at present concerning the conducting of the finances of the State, especially with reference to public debts and sinking funds. Money remaining in the treasury at the end of every fiscal year over $150,000 and the amount necessary to meet the expenses of government and interest on public debt is held to the credit of the general sinking fund and invested by the treasurer in overdue obligations of the State, 16 Constitution 1851, art. iii, sec. 22. 17 Constitution 1864, art. iii, sec. 33. 18 Constitution 1867, art iii. 19 Laws 1892, ch. 310. 20 Laws 1906, ch. 185. 88 STATE ADMINISTRATION IN MARYLAND [558 or, if these are not procurable, in not yet matured state obligations, or in United States securities, or in " such other productive stocks or bonds as the governor, Comptroller, and Treasurer may consider safe and reliable." 21 At least $100,000 must be set aside each year for the general sinking fund and invested in this manner. All securities purchased for this fund are held to its credit, and interest on those securities which are still to mature is credited to the fund until the securities mature and are redeemed, or are dis- posed of by the General Assembly. When the comptroller believes that there is a surplus in the treasury above what is needed for current expenses, he is to invest it in bonds or certificates of the state debt, pur- chased at par or less ; 22 and, in this, preference is given to overdue debt. The comptroller and the treasurer may at any time require overdue debt of the State, or any part of it, to be presented for payment by giving at least thirty days' notice to the holders that on a certain day interest on it will cease. In any case of such buying up of state bonds they are to be cancelled, and the interest accrues to the credit of the sinking fund until the General Assembly may dispose of them. All of the funded debts of the State, or parts of them, when redeemed are cancelled, except $100,000 each year, which goes to the credit of the sinking fund ; 23 but all parts of the funded debts of the State created for the benefit of " internal improvement works " or on account of the " tobacco debt " which are redeemed and purchased continue to be a charge against these particular debts, and are carried to the credit of the sinking fund for that purpose exclusively. When, in the judgment of the Board of Public Works, the public interests will be subserved by it, the board may direct the treasurer to sell securities belonging to the sink- ing funds, and, if the proceeds are not needed to pay a debt 21 Code 1912, art. Ixxxi, sec. 194. 22 Ibid., art. xix, sees. 32, 33. 23 Ibid., art. xcv, sees. 8, 9. 559] FINANCE 89 of the State due or about to become due, they are to be reinvested by the treasurer in new sinking fund securities. 24 The comptroller and the treasurer, four times a year, are required, in the presence of the governor, to count and cancel the bonds and certificates for stocks of the State, to count and examine other securities purchased by the treas- urer for use of the sinking fund, and to make a statement of this work, countersigned by the governor. The work must be gone over by committees from the legislature and re- ported to the legislature. 25 Stocks, bonds, and securities belonging to the State are deposited with some safe deposit company of Baltimore City, selected by the treasurer with the approval of the Board of Public Works ; the treasurer is not allowed to have access alone to these, but must go in company with the comptroller or obtain a second key to the vaults from him. Both the treasurer and the comptroller keep books account- ing for the securities, stocks, and bonds belonging to the sinking funds ; these are open to inspection by the governor and by the Senate Finance Committee and the Ways and Means Committee of the House of Delegates. 26 TAXATION Machinery of Taxation. In the counties practically the entire process of taxation is in the hands of the county com- missioners, subject, of course, to state imposition of taxes and state rules for collection. In Baltimore City the ad- ministration of the taxation system is divided between the mayor and the City Council and the appeal tax court. The county commissioners and the mayor and the City Council respectively are given the power of " imposing taxes " and presenting them to the collectors. If they fail to do this, the governor appoints a tax board of three mem- bers, for the county or city as the case may be, who may be 24 Code 1912, art. xcv, sec. 31. 25 Ibid., sec. 23. 26 Ibid., sees. 28, 29. 9O STATE ADMINISTRATION IN MARYLAND [560 taken from the State at large, who make the levy and re- ceive compensation at the rate of three dollars a day. 27 The clerk to the county commissioners or to the appeal tax court, or the register of Baltimore City, makes returns of the assessors to such tax boards ; and these officers also certify state assessments to the comptroller. The collectors of taxes are chosen yearly in the counties by the county commissioners and in Baltimore City under local regulations; all collectors must give separate bond to the State, approved by the governor, although Garrett, Talbot, Montgomery, and Washington Counties are ex- empted from this latter provision. If no collector is chosen in a county or in the city, the governor appoints one from the State at large and approves his bond, or a separate col- lector of state taxes may be chosen in a county or in the city. 28 The county commissioners in the counties and the appeal tax court in Baltimore have powers of valuation and assess- ment and, after notice, of revaluation and reassessment; 29 in this, they work through assessors and collectors, whose compensation is fixed by the county commissioners or by the mayor and the City Council. 30 The commissioner of the land office, the clerks of courts, and the registers of wills make returns to the tax officials which will help them to keep account of property. 31 The county commissioners and the appeal tax court of Baltimore keep records of property and its valuation ; and their clerks send lists of assessments to the comptroller within thirty days after the annual levy of taxes. 32 Applications for de- ductions and abatements are made to the county commis- sioners and to the appeal tax court, respectively, while ap- peal lies in the counties to the circuit courts, and in Balti- 27 Code 1912, art. Ixxxi, sees. 28, 30, 32. 28 Ibid., sees. 33, 34, 37, 41. 29 Ibid., sees. 203 ff. 30 Ibid., sec. 8. 31 Ibid., sees. 10, n. 32 Ibid., sees. 25, 26. 56l] FINANCE 91 more to the Baltimore city court. 83 Refunding to state collectors for overpayments is done by the General Assembly upon notification from the comptroller or the treasurer. 34 When a collector finds it necessary to make a sale, by dis- tress or by execution, in order to collect a tax, he must make a statement of his intention and allow thirty days to elapse. This regulation does not apply to Garrett or Talbot County. 35 Collectors are paid by commissions which are limited by law. Rules of Taxation, The constitution of 1867 provides that personal property of residents of the State shall be sub- ject to taxation in the county or city which is the bona fide residence of the owner for the greater part of the year, but goods and chattels permanently located shall be taxed in the city or county where they are located. 36 It is also laid down that the legislature is to provide by law for state and muni- cipal taxation upon revenues accruing from business done in the State by all foreign corporations. 37 And it is provided that the General Assembly shall not pass local or special laws for the assessment and collection of taxes for state or county purposes, or extending the time for the collection of taxes. 38 State Tax' Commissioner. By acts of i874 39 and 1878* the office of state tax commissioner was established, to take charge of the taxation of corporations. The office is one in the Treasury Department, and the commissioner is ap- pointed by the governor, the comptroller, and the treasurer, or by a majority of them, for a term of four years, with an annual remuneration of $2500 and travelling expenses. The state tax commissioner, before May 15 of each year, assesses for state purposes the shares of capital stock of all corporations subject to taxation in Maryland, and reports 33 Code 1912, art. Ixxxi, sees. 16, 18. 34 Ibid., sec. 51. 35 Ibid., sec. 52. 36 Constitution 1867, art. iii, sec. 51. " Ibid., sec. 58. 38 Ibid., sec. 33. 39 Laws 1874, ch. 483. 40 Laws 1878, ch. 178. 92 STATE ADMINISTRATION IN MARYLAND [562 the assessment to the comptroller. He also reports to the General Assembly at each session the amount of the basis of assessment for state purposes in the several counties and Baltimore City. All certificates of incorporation and amendments of charters must be delivered to the tax com- missioner. 41 All corporations must report annually to the tax commis- sioner on their shares of capital stock ; security, safe deposit, fidelity, guaranty, and trust companies doing business in Maryland must specify in their annual reports their securi- ties and investments ; and he in turn assesses and levies state taxes on them. The county commissioners and the appeal tax court in Baltimore City make alterations and corrections in valuations and assessment, upon direction of the tax com- missioner and the attorney-general. When returns of stock- holders and of real property are made to the county com- missioners and the Baltimore City appeal tax court by cor- porations, those officers send to the tax commissioner a statement of the property valuation, and from this he calculates the value of the shares of capital stock. This he certifies to the county commissioners and the appeal tax court of Baltimore; and these corporation shares are for county and municipal purposes valued to the owner where he resides if he is a Maryland resident. If the owner is not a state resident, they are valued to the owner in the county or city where the corporation is situated and the tax is collected from the corporation. Special rules are laid down concerning steam railways: They are subject to an annual state tax on gross receipts, as are other corporations, and their real and personal prop- erty is subject to county and city taxation where such prop- erty is located. When, however, they are subject to a state gross receipt tax, they are not subject also to a state tax on personal and real property. When they are subject to county or city real and personal property tax, their shares of stock are not subject also to county or city taxation. 41 Code 1912, art. xxiii, sec. 4 ff. FINANCE 93 In general, all other corporations are subject to state, county, and municipal taxation on capital stock, gross receipts, and all property. On certain kinds of corporations a state franchise tax on gross receipts or earnings is levied, which, if the business of the corporation is partly within and partly without the State, is apportioned according to the propor- tion of the business done in the State. The assessment of railway rolling stock is made by the local boards of control and review and is returned to the tax commissioner, who apportions the amount for local taxa- tion according to the proportion of mileage in each county (or in Baltimore), and notifies the local tax authorities. 42 Distilled spirits in the hands of distillers and warehouse owners are assessed as personal property ; for their taxation each such distiller or warehouse owner must annually report on the value of such property to the tax commissioner, who, after a hearing, if necessary assesses it. 43 The state tax commissioner may administer oaths and examine persons concerning the business of any corporation in the State or its revenues. 44 STATE AUDITOR This office is a part of the Treasury Department. The auditor 45 is appointed by the governor, the comptroller, and the treasurer, or a majority of them, for a term of two years, at a salary of $2500. A deputy auditor is similarly appointed, and receives a salary of $2000. The power of removal for failure to perform duties is vested in the ap- pointive body. The state auditor examines yearly the books and accounts of all court clerks, registers of wills, sheriffs, and state's attorneys, as well as those of the officials of the state tobacco warehouses and such other state offices as the Board of Public Works directs. He reports to this board, 42 Code 1912, art. Ixxxi, sec. 212. 43 Ibid., sec. 218. 44 Ibid., sec. 172. 45 Ibid., sec. 229 ff. ; Laws 1912, ch. 190. 94 STATE ADMINISTRATION IN MARYLAND [564 which may approve suggestions for changes in accounting methods made by him for the above mentioned offices. In 1912 the jurisdiction of the state auditor was wid- ened so as to include all institutions receiving state aid. Provision was also made that if from his examinations a state officer were found in default, the Board of Public Works must direct the state's attorney or the attorney-gen- eral to bring suit against him. 46 BANKING DEPARTMENT: BANK COMMISSIONER The bank commissioner 47 also is appointed by the Board of Public Works for a term of two years. His function is to supervise the banking business carried on in the State. He or his deputy examines the affairs of every banking in- stitution except national banks at least once a year, having access to all papers, vaults, and so on. Either one of them may examine on oath the trustees or any officers or agents of a bank. If upon examination a bank appears to be in- solvent or not to have complied with the law, or to be con- ducting a business dangerous to the public, the bank com- missioner notifies the governor, who may, if he deems it proper after advising with the attorney-general, bring suit against the bank. The bank commissioner likewise reports any violation of the law by trustees or officers of a bank to the governor, who may direct the attorney-general to prosecute. He must also examine a bank on request of its board of direc- tors ; must receive and verify reports made by banking in- stitutions ; and must, in the case of failure of a banking in- stitution, act as a temporary receiver until a permanent re- ceiver is appointed by the court. All members of the banking department, commissioner, deputy, and clerks, are bound to secrecy in matters concerning banks under super- vision. Every bank and trust company transmits the fol- 46 Laws 1912, ch. 190. 47 Code 1912, art. xi, sec. I flf. 565] FINANCE 95 lowing reports to the commissioner: at least five per year on assets and liabilities, to be published in local papers; one per year on stockholders and their holdings ; any special reports required by the commissioner. Before a bank comes into existence, the bank commis- sioner must receive and approve the articles of incorpora- tion. After this he examines the bank to see if all the re- quirements of the law have been met. He then issues a certificate, without which no bank may begin business ; and he may, with the advice and consent of the governor, with- hold such a certificate. He must also approve of the reor- ganization of national banks under the state banking laws, and must prescribe regulations for their issues of notes and currency. Similarly he must approve all consolidations of . banks ; and must receive notification of the liquidation of a bank, in which case he "takes over" the institution, and this acts as a bar to attachment proceedings. The bank commissioner approves stocks and bonds held as "additional reserve" by trust companies. He notifies any bank or trust company when its reserve falls below the required amount, and if the institution fails to make up the deficit within thirty days, he may notify the governor and direct the attorney-general to institute proceedings for the appointment of a receiver or to wind up the business of the institution. A system of fees and charges to cover the cost of exam- ination of banks is laid down by law, and the banking de- partment is allowed a certain fund for expenses in case the charge made upon a bank does not cover them. The bank commissioner reports annually to the governor and may suggest amendments to the law. INSURANCE COMMISSIONER The state insurance commissioner 48 is appointed by the governor, the comptroller, and the treasurer, who may re- 48 Code 1912, art. xxiii, sec. 175 ff. 96 STATE ADMINISTRATION IN MARYLAND [$66 move him without notice or cause. 40 His term is four years. He is charged with the execution of the insurance laws of the State. The department inspects all insurance companies; supervises their securities and the valuation of their policies; issues to them certificates to do business; and, if their financial condition is not satisfactory, notifies them to cease doing business. The commissioner must in- spect every insurance company at least once during his term of office, and also must inspect any insurance com- pany in the State on the request of five or more persons pecuniarily interested. A system of fees for licenses and examinations is laid down by law, and the expenses of office are paid from such receipts. In closing out a company the commissioner works in conjunction with the circuit courts; the judge appoints an examining committee. All insurance companies must report annually concerning their policies and business, and charters for new business must be approved by the attorney-general. The insurance com- missioner upon issuing annual licenses to companies to do business publishes in the newspapers abstracts of their an- nual reports. REVIEW OF CONDITIONS AND NEEDS In 1908 the governor recommended that the state treas- urer be elected by the people, and that the term of office of the comptroller and the treasurer be changed. He said : I am convinced that it is best for the interests of the people that the Comptroller and Treasurer should hold office for the same period of time, four years, for which the governor is elected. Therefore I recommend that a Constitutional Amendment be pro- posed increasing the term of the Comptroller and Treasurer each to four years and making the Treasurer an elective office. The Governor-elect has declared himself in favor of lodging with the people the selection of more of their state officials and I feel con- fident that he will approve this recommendation. The fee system in many state offices has frequently been attacked. In 1910 the governor called attention to the fact * 9 Townsend v. Kurtz, 83 Md. 340. 567] FINANCE 97 that a commission had been appointed to investigate the fee system, and he went on to say : " The present system of permitting officials to pay themselves and their subordi- nates from the fees collected by them and turning the ex- cess, if any, into the State Treasury, is wrong in principle and in practice." The value of the office of state auditor is generally recog- nized, but at present the scope of his authority is much too limited. He should be given general authority and proper assistance to investigate the accounts of every collector of taxes in the State. And, indeed, it has been suggested that the auditor should be given financial supervision of every administrative office in the State. The general attitude concerning the departments of bank- ing and insurance is perhaps one of too much regard for governmental benefit, in the form of large office receipts, and too little regard for the benefit of the State generally. Their prime function is, of course, to supervise these busi- nesses so that the individual may be protected. Financial Policy. During the time that the Constitution of 1776 was in force in Maryland there was one form of activity of the state government which is worthy of special note. About the year 1820 the State felt the need of internal improvements in order that communication from one part of Maryland to another might be more easy. Accordingly a policy was begun of appropriating money . . . towards the building of railways and canals. The most im- portant aid was given to the Baltimore and Ohio Railroad and the Chesapeake and Ohio Canal. Through these subscriptions by the State and other privileges granted, the interest of Maryland in these enterprises became very great. 50 This policy continued up until the middle of the nine- teenth century, the Board of Public Works having charge of such interests and indeed a considerable amount of con- trol over the enterprises, such as supervision of rates of toll, and so on. After the middle of the last century, how- ever, a general movement was begun to get rid of such in- terests. The constitutions of 1864 and 1867 and laws passed about the end of the century made provision for such disposition. 50 B. C. Steiner, Institutions and Civil Government of Maryland, p. 14. 7 98 STATE ADMINISTRATION IN MARYLAND The governor, the comptroller, and the treasurer, or any two of them, were authorized by the constitution of 1864" to exchange the State's interest as stockholder and creditor in the Baltimore and Ohio Railroad Company for an equal amount of the bonds or registered debt now owing by the State; and subject to such regulations and conditions as the General Assembly may, from time to time, prescribe, to sell the State's interest in other works of internal improvement, whether as stockholder or creditor; also the State's interest in any banking corporation, and receive in payment the bonds and registered debt now owing by the State; equal in amount to the price obtained for the State's said interest; provided that the interest of the State in the Washington branch of the Balti- more and Ohio Railway be reserved and excepted from sale; and provided further, that no contract of sale of the State's interest in the Chesapeake and Ohio Canal, the Chesapeake and Delaware Ca- nal, or the Susquehanna and Tide Water Canal Companies, shall go into effect until the same shall be ratified by the ensuing General Assembly. Similarly, in the constitution of i867 52 the Board of Public Works was authorized to dispose of state interests in private enterprises by exchanging them for state bonds and registered state debt. In iSpS 53 the board was authorized to sell an annuity of $90,000, created in 1854, payable by the Northern Central Railway Company to the State of Maryland. All proceeds from the sale were to be applied to payment of the state debt or to the purchase of securities for the sinking fund of the state debt. The board was likewise authorized to dispose of the interest of the State in the Baltimore and Potomac Railway Company. By acts of i8()2, 54 , iSpo", 65 and I9o6 56 provision was made for the sale by the Board of Public Works of the state in- terests in the Washington branch of the Baltimore and Ohio Railroad Company, the Annapolis Water Company, and the Farmers' National Bank of Annapolis. As in other cases, it was provided that the stock in these companies might be exchanged for certificates of state indebtedness, and in any 81 Constitution 1864, art. iii, sec. 52. 52 Constitution 1867, art. xii, sec. 3. 68 Laws 1898, ch. 378. 54 Laws 1892, ch. 310. 88 Laws 1896, ch. 172. 86 Laws 1906, ch. 185. $69] FINANCE 99 event the proceeds were to be applied to cancellation of the state debt. Gradually most of the interests of the State in private enterprises were sold. Then followed a short period during which very few state loans were made. But, beginning about the last decade in the last century, a new era of im- provements was begun, this time through direct public ac- tion rather than through encouragement of private enter- prises, and this necessarily brought about state loans which have gradually increased until they have become, within the past ten years, very considerable. An enumeration of sev- eral of the more recent of these loans will indicate the gen- eral tendency. 57 In 1896 there was created a Penitentiary Loan of $500,000, in 1899 a Consolidated Loan of $5,800,- ooo, in 1902 a State Loan of 1902 of $600,000, in 1911 a State Insane Hospital Loan of $600,000, in the same year a Sanatorium Loan of $100,000, in 1908-10 a $5,000,000 State Roads Loan, in 1912 a Second Insane Hospital Loan 68 of $800,000, in the same year a State Loan of 1912 of $3,- 170,000, as well as a loan to meet temporary needs in road construction, 60 and a Johns Hopkins University Technical School Loan 61 of $600,000, and finally in the same year (1912) a State Loan of 1914 of $i,ooo,ooo. 62 Demands are now being made for further loans, typical among them be- ing that for a large one for the continuation of the good roads policy. In 1908 we find the governor recommending further dis- posal of remaining state interests in private financial affairs and a concentration of state finances toward paying off the increasing debts. He says : 63 " The State, in my judgment, has no right to take money from taxpayers for the payment of her debts when she has securities in her treasury as in- 57 Code 1912, art xxxi, sec. 2 ff. 88 Laws 1912, ch. 187. 69 Ibid., ch. 370. 60 Ibid., ch. 361. 61 Ibid., ch. 90. 62 Ibid., ch. 477. 63 Report 1908. IQO STATE ADMINISTRATION IN MARYLAND [570 vestments that can be disposed of at fair prices and for enough to pay her indebtedness; and I hold further the opinion that the State should not own stock in banks or corporations, thus assuming a stockholder's liability and be- coming a partner in business ventures." At the end of 1911 the gross debt was $10,428,926.13, in excess of that of the previous year by $2,899,000, on ac- count of the State Roads, Public Highways, and Hospital Loans. After deducting the bonds, in the sinking funds, amounting to $5,117,379.72, and other assets of the State aggregating $6,693,849.72, the net debt of the State was Suggested Economies in Administration. Various econo- mies in the carrying on of the state government have been suggested : ( i ) A central purchasing agency has been rec- ommended to purchase all supplies furnished to state insti- tutions, on the ground not only that money would be saved, but that the quality of the supplies would be improved. In 1912 the governor suggested that such an agency might consist of the governor, the comptroller, and the treas- urer, with authority to employ a secretary especially fitted for the work. (2) A state architect should be appointed, it has been claimed by the governor and by a commission on appropriations. At present independent architects receive large sums from the State each year; the creation of the office of state architect, it is believed, would save the State some thousands of dollars, and would bring about uni- formity in architecture in all new state buildings. (3) In 1912 the governor urged the enactment of a law requiring that all state money in the hands of the treasurer be de- posited after advertisement in those sound banks which will pay the highest rate of interest. This would do away with the possibility of idle money. In 1912 the governor made the following recommenda- tions : (4) For all use of the public highways of the State by telephone, telegraph, electric light, electric railway, or like companies there should be imposed by the State a cer- 571] FINANCE IOI tain small license or franchise tax, and the sum so collected should be used for the maintenance of these state roads. (5) There should be an abolishment of counsel for the Boards of Election Supervisors throughout the State; of counsel for the Liquor License Board, the police commis- sioners, the insurance commissioner, the sheriffs, and like departments. This work should be done by the various state's attorneys, the attorney-general, and the city solicitor of Baltimore City. (6) A number of offices should be consolidated, that of the tax commissioner with the comp- troller, the Live Stock Sanitary Board with the state vet- erinarian, the state veterinarian with the veterinarian of the Maryland Agricultural College, and the fire marshal with the insurance commissioner. These consolidations seem radical but logical. At various times it has been observed that there should be no continuing appropriations by the legislature, all ap- propriations being made from session to session. This plan would no doubt be a clearer, more orderly system of ap- propriation. It is undoubtedly true that running appro- priations in some cases cause waste. On the other hand, an educational institution of good rank might fail to receive its appropriation because of the whim of a group of legis- lators. Further, it may be doubted if, with the present short sessions and the dilatoriness of the legislature, the entire list of state appropriations of all classes would be covered at one session. If these difficulties might be elim- inated, the plan of biennial appropriations should be a good one. When dealing with the financial system of any American State the English budget system usually presents itself to mind. The lack in our own system of any approximately accurate estimate of future financial needs, of any fairly ac- curate harmonizing of future income and expenditure, sug- gests that plan of the English government. Whether the budget method could be grafted on our political tree, par- ticularly in the States, may be a question. The need of something of the sort is not to be denied. IO2 STATE ADMINISTRATION IN MARYLAND \_S7 2 Taxes. There are certain corporations doing business in the State whose profits are known to be more than fair and there are certain discrepancies in corporation taxation, and the latter are usually in connection with such corporations. One example of either the carelessness or the corruptness with which the corporation taxation laws are carried out is seen in the uniform return on gross receipts made year after year by any one corporation. For instance, the tax on gross receipts of the Adams Express Company for the year ending September 30, 1907, as given in the tax com- missioner's report, was $3000, and again in 1909 it was $3000. It is rather unlikely that this tax should come out in round numbers when the great majority of taxes listed in the table in the report come to odd figures down to the cents column ; and it may be taken for granted that this would not recur, for the gross receipts of such a corporation would not be so uniform from year to year. A fault of this sort is, of course, one of the conducting of an office rather than of its organization. But such discrepancies should be remedied. Another noticeable feature in the sys- tem of taxation is that the comptroller's reports show bal- ances due from collectors of state taxes in the various coun- ties in some cases amounting to thousands of dollars and running back ten, twenty, thirty, and more years; this in- dicates a weakness of enforcement In 1912 the governor recommended the repeal of all laws providing for discounts in the payment of taxes, state, county, and municipal : "The discount of the taxpayer who is able to pay in time . . . lessens the amount of taxes that he pays and the deduction in the amount paid by taxpayers of this class must be made up and paid by other taxpayers, who, for many reasons, cannot avail themselves of this re- duction. It is manifest, therefore, that it produces an in- equality among the taxpayers of the state." Nor does he think it a wise policy, because of the existence of these laws, to levy more money than is actually expended in car- rying on the government. He estimates that there should 573] FINANCE IO3 be a difference in the taxes collected in the State, city, and county of from $100,000 to $175,000. Here we enter the more abstract science of taxation. Against this recommendation by the governor must be placed the theory that stands back of the system of tax discounting, namely, that by discounting taxes, many will be led to pay who otherwise might delay for a long time and against whom recovery might be had with difficulty. On the whole, however, the idea of tax discounting seems to be an erroneous one, especially since by it the monied classes are favored and the poorer classes are obliged to bear the weight of the system. One need, however, in the tax system of Maryland stands out above all others, that of uniformity and equalization. There has been great confusion in rates and methods in the various counties. This defect is coming to be realized, and some improvement should be effected. In 1910, recom- mendations for a general reassessment had come from the Federation of County Commissioners of Maryland and from various other quarters, and the governor strongly urged it, and along with it the establishment of some uni- form system of taxation. In that same year, a reassess- ment of all property outside of Baltimore City was pro- vided for, and in 1912 a return of all the counties but three showed an increase of $125,000,000 in the taxable basis of the State, according to the governor's report of the latter year. The desired uniform system was not provided for, how- ever, and the new governor again urged the need of " some central board to supervise and review the assessments then made (under the act of 1910) or any future assessments, in order to secure uniformity in the payment of the taxes in all sections of the State." " My observation of that as- sessment," he went on to say, "confirms my belief in the wisdom and necessity of such a tribunal." In 1912 the governor, in pursuance of an act of that year, 64 appointed a " Commission for the Revision of the 8 *Laws 1912, ch. 779. IO4 STATE ADMINISTRATION IN MARYLAND [5/4 Taxation System of the State of Maryland and City of Baltimore." This commission reported in 1913, and made many criticisms and suggestions, which are, in substance, as follows: 65 The time when state taxes are due and pay- able is set by state law, but in practice their collection is con- trolled by the local laws providing for the payment of local taxes, and further, the date when local taxes are due and payable varies in each county. Although the amount of local taxes collected is many times the amount of state taxes collected, the charge of state taxes is in excess of the charge against the collection of local taxes. In some counties " local collectors advance to the State an amount which they estimate may be collected and make for themselves the amount of the discount allowed by the State," and in some counties there is great laxity in remitting back taxes. Almost numberless discrepancies in taxation throughout the counties are described. For example, Frederick County paid for the years between 1878 and 1911 on a basis less than in 1877, in spite of a great increase in property value; again, properties are assessed in some counties as low as twenty per cent of their market value. Many of these faults are possible because there are no state laws providing for the audit of books of local collec- tors by state officers. It may be further remarked that many of the same criticisms apply to the method of collect- ing taxes from corporations. The commission urges the adoption of a plan by which there would be in each county a county supervisor, representing a central tax commission. It is stated that this method would secure more uniform standards of value and an equalization of assessment of property. It is further pointed out that no state provision is made for the reassessment of real and personal property at regu- lar intervals. The commission says: "The most glaring inequality is the variation in ratio of assessment to true value of property. The assessment of property is a busi- ness proposition, and should be put upon a business basis. 65 See report, especially pp. 13-16. 5/5] FINANCE IO5 To accomplish this we must accept the most modern and effective method control of all matters relative to taxa- tion to be vested in a state board" 66 This need of a central state board of assessment and review which could equalize Maryland taxes has, in the past few years, been urged by the governor, the public press, and many interested persons. It seems safe to say that such a board will soon be created. SUMMARY By way of concluding this chapter we may simply review a list of some of the more important suggestions that have been made along the lines of the various branches of finan- cial administration in Maryland: (i) extension of the comptroller's and treasurer's term of office from two to four years, and making the treasurer's office an elective one rather than a legislatively appointive one; (2) increasing the state auditor's jurisdiction; (3) abolishment of the fee sys- tem; and institution of a uniform system of bookkeep- ing throughout state offices; (4) elimination of extrava- gances in the expenses of legislative sessions; (5) doing away with counsel for many boards and offices like that of the insurance commissioner; (6) establishment of a cen- tral purchasing agency; (7) establishment of a state archi- tect's office; (8) consolidation of certain offices in the State whose work overlaps, as that of the State Live Stock Sani- tary Board with that of the state veterinarian; (9) some remedy for the system of continuing appropriations ; ( 10) enactment of a law requiring that all state money in the hands of the treasurer be deposited in good banks at in- terest; (n) the exercise of great caution in the present era of large debt contraction; (12) the possible inaugura- tion of some such plan as the budget system; (13) elim- ination of the system of tax discounts ; (14) the very greatly needed standardization and equalization of taxes through- out the State, and for this, the creation of a central state board of tax control and review. 66 Report, p. 9. CHAPTER V GENERAL ECONOMIC WELFARE In the preceding chapters we have treated the four prin- cipal branches of state administration into which it is cus- tomary to divide a subject of this nature, namely, public education, public health, charities and corrections, and taxa- tion and finance. There remains to be considered in this chapter a group of miscellaneous state activities. THE PUBLIC SERVICE COMMISSION OF MARYLAND This commission 1 is a comparatively new organ of admin- istration, having been created in 1910. The governor ap- points, and may remove after a hearing, the three members of the commission, one of whom he designates as chairman and all of whom serve six years according to a rotating system. A general counsel is also appointed by the gov- ernor, and a secretary is appointed by the commission. The general counsel represents the commission legally, and in complaints made against public service corporations he acts on behalf of the public. The commission has power to examine under oath, summon witnesses, and so on. The jurisdiction of the commission extends to all public service business carried on either by state corporations or by those owning, leasing, operating, or contrplling the corpora- tions. This includes all common carriers, street railways in towns of not less than 2000 inhabitants, all corporations connected with the business of furnishing gas, electricity, heat, light, telegraph, telephone, water, or canal services, 1 Code 1912, art. xxiii, sees. 413-468; Laws 1910, ch. 180; 1912, ch. 734, 162. For convenience the word " corporations " will be used here to include all corporations, companies, or concerns carrying on a public service business. 1 06 5/7] GENERAL ECONOMIC WELFARE IC7 and all business of transporting freight or property. This jurisdiction involves general supervision of all public service corporations, power to examine their condition, capitaliza- tion, and franchises, all details of business and manner of conducting it with respect to adequacy, security, accom- modation, and compliance with the law and with orders of the commission. The commission makes recommendations for changes in the public service laws. It prescribes a form of annual report for public service corporations, and may also require reports of earnings, expenses, capitalization, debts, salaries, and so on, within a specified time. No franchise nor any right under any franchise to own or operate a public service business may be assigned, trans- ferred or leased, nor any contract or agreement made with reference to it, without the approval of the commission, nor may any construction or business be begun without such approval, given after a hearing to determine if it is neces- sary to or convenient for the public service. Penalties are also prescribed for any failure to obey the orders of the commission, and the act of any officer or agent of a corporation is deemed an act of the corporation. The commission may investigate of its own motion any act or omission of a public service corporation, and must do so when such act or omission is in violation of the law or of any of its own orders. Complaints against a public service corporation may be made to the commission, which is to forward them to the corporation concerned. If reparation for the alleged in- jury is not made by the corporation or there is no cessation of the violation within a given time specified by the commis- sion, an investigation must be held provided there seem to the commission to be reasonable grounds for the complaint. When the commission makes investigation of such a com- plaint, it must either dismiss it or order the corporation to satisfy it. When the commission, after a hearing held upon its own motion or upon a complaint, is of the opinion that rates or charges are unjust, unreasonable, unduly discrimina- 108 STATE ADMINISTRATION IN MARYLAND [578 tory, or unduly preferential, it must fix just and reasonable ones by order served on the corporation. When the com- mission similarly decides that the "regulations, practices, equipment, appliances or services" of a public service cor- poration are "unreasonable, unsafe, unreasonably improper or inadequate," it must fix regulations, appliances, and so on, by order served on the corporation. Provision is made to prevent one public service corporation from gaining con- trol of another, and to prevent excessive indebtedness by such a corporation ; supervision of this is given to the com- mission. The commission is also empowered to make valuations of corporations. The law lays down a long list of rules for common carrier supervision, including applications for switches and sidings ; filing, classifying, and publishing schedules of rates ; setting up of joint tariffs between two or more corpora- tions ; use of rebates and drawbacks ; giving undue prefer- ence to any person, corporation, or locality; granting free passes and reduction of fare ; false rating, billing, weighing, and classifying; "long and short" hauling; distribution of cars and other facilities among shippers; investigating of accidents, and so on. The law for other public utilities is practically the same, with the addition of a few special provisions, as, for instance, that the commission is em- powered to fix technical standards like " gas pressure " and " electrical efficiency " standards, and that no municipality except Baltimore may build or operate gas or electrical works without a certificate of authority granted by the com- mission, unless such works are for strictly municipal purposes. John A. Lapp, in a brief comparative review of the Mary- land Commission in the American Political Science Review, February, 1911, speaks of the judicial procedure laid down for the Maryland Public Service Commission as follows : The law wisely adopted the Wisconsin method for procedure in the courts. Actions may be commenced in the courts [that is, in the circuit court for any county or before any judge of the Supreme Bench of Baltimore City, or in any court of Baltimore City of 5/9] GENERAL ECONOMIC WELFARE appropriate jurisdiction] to set aside any order of the commission as unreasonable within sixty days thereafter. The commission is given twenty days to make answer. Precedence is given over all other civil cases. If on the trial any new evidence is presented which was not pre- sented to the commission, the court is required to transmit the new evidence to the commission and stay further proceedings. The com- mission may change its order conformably to the new evidence or let the original order stand. The value of this provision in preventing delays and in maintain- ing the credit of the commission is obvious. Complainants are in- duced to lay their whole case before the commission in the first instance. It has been a favorite method in cases of railroad com- missions and the interstate commerce commission to attempt to dis- credit the orders of the commission by withholding important evi- dence until the case is brought into court. The commission's orders being overruled by the new evidence, has caused the loss of public confidence in the work of the commission. This provision is an effective remedy. Appeal lies to the Maryland court of appeals. In all ac- tions arising under this act the burden of proof is upon the party adverse to the commission a striking provision. It would seem scarcely worth notice that the Maryland Public Service Commission has the power not only to in- vestigate but to regulate both rates and service, yet Mr. Lapp speaks of the New Jersey law as not including rate regulation. The official discretion that is allowed by the Maryland law should be a merit. It is a valuable aid to active commissioners. Mr. Lapp in considering the Mary- land law concludes : " The commission under the Maryland law does not lack for power. As in the case of the New York and Wisconsin laws, certain defects of wording may be found after experience, but embodying as it does the sub- stance and wording of the laws of those two States after corrective amendments had been made, it should be reason- ably effective in its provisions." On account of the fact that the Public Service Commis- sion has not long been in existence it would be difficult to predict what its actual value to the State will be. As has been stated, the organization is good. Furthermore, the commission has, since its institution, dealt with a consider- able number of minor cases. It may be noted, however, IIO STATE ADMINISTRATION IN MARYLAND [580 that not a great number of cases of large importance have been handled by it, or if handled, have not been so settled, with the possible exception of the Gas Case, as to have any very great effect on any of the larger public service busi- nesses of the State ; so that some doubt seems to exist among the lawyers of the State as to its efficiency in the way of positive results. The need would appear to be greater activity rather than any change in machinery. STATE FIRE MARSHAL The state fare marshal 2 is appointed by the governor, with the consent of the Senate, for a period of two years, and is removable by the governor for cause. His bond is $5000 and his salary $2500. He or his deputy must ex- amine into the causes of all fires and into all suspected at- tempts to fire buildings, in which duties he may subpoena and swear witnesses. He reports annually to the governor. The expenses of the office are drawn from money paid into the state treasury by the insurance commissioner. At the request of the fire commissioners of Baltimore City or of the county commissioners of a county or of any municipal authorities, the fire marshal must make to them a report of any examination of a fire in their respective jurisdictions. In case incendiarism is discovered by the fire marshal, report is made to the state's attorney, who prosecutes. The fire marshal or his deputy may always enter or take charge of buildings which are burning, or which have been burning, and adjacent buildings ; and may, at any time, inspect build- ings which are public meeting places, such as churches, theatres, halls, hospitals, hotels, and schoolhouses, and may order provision of fire escapes sufficient for the public safety. At the close of 1909 the fire marshal reported an examina- tion into the causes of 357 fires of unknown origin, and 27 arrests on the charge of arson, from 17 of which conviction 2 Code 1912, art. xxiii, sec. 222 ff. 58 1] GENERAL ECONOMIC WELFARE III resulted. At the end of 1911 the number of fires in- vestigated reached 4000, the number of arrests 94, and the number of convictions 80. The use of the word " may " emasculates the law ; what is needed is to require regular and systematic inspection of all public buildings, and to grant to the fire marshal power to order "fire-traps" torn down. It has also been recom- mended that the office of fire marshal be consolidated with that of insurance commissioner, which would probably be a wise measure. LICENSES It is interesting to note the attitude of the State of today toward the whole field of business, as seen in its require- ment of licenses. 3 This is more than mere taxation; in many cases certain conditions must be complied with before the State will accept the license tax and allow a certain busi- ness to continue. A system has been arranged in Mary- land whereby licenses are to be paid to the clerks of the circuit courts of the counties and of the court of common pleas of Baltimore City. In all licenses except those for fishing and for horseracing the license term expires on the first day of May after issuance. If the holder of a license dies, the license may be transferred to the widow, executor, or administrator. It is made the duty of sheriffs and con- stables to enforce the license system before justices of the peace. The system covers auctioneers, billiard establish- ments, brokers, sale of liquors and other things at fisheries, sale of liquor at horseraces, hawkers and peddlers, shipping brokers, traders and manufacturers, all sale of spirituous and fermented liquors by retailers, "ordinary-keepers" (hotels), oyster and eating houses, sale of intoxicating liquors by clubs, shows and theatrical exhibitions, shows of agricultural fair associations, stallions, gypsies, and tele- graph and express companies. 3 Code 1912, art. Ivi, sec. I ff. 112 STATE ADMINISTRATION IN MARYLAND [582 The law regulates the business of pilots, who are required to take examination and receive license from a "board of examiners of Maryland pilots," consisting of the presidents of the Baltimore Board of Trade, the Corn and Flour Ex- change, and the Maryland Pilot Association. 4 The governor issues certificates to persons qualified to practice as public accountants. He appoints a board of examiners who hold office for two years ; two of them must be public accountants and two must be practising attorneys. Examinations are held at least once a year for applicants for certificates, and fees are charged to cover examination expenses. Upon recommendation of the board the governor issues the certificates, which he may revoke " for sufficient cause," after a hearing. 8 Other licenses are treated in various other parts of this study. STATE BOARD OF LAW EXAMINERS There is a State Board of Law Examiners, 6 consisting of three members of the bar of at least ten years' standing, who are appointed by the court of appeals and hold office for three years, but are eligible for reappointment. This board examines all applicants for admission to the bar, and reports to the court of appeals. LAND OFFICE Under the constitution of 1776 there were two registers of the land office, 7 one from the Eastern Shore and one from the Western Shore, who kept records of land grants. By the constitution of 1851 there was created the single elective office of commissioner of the land office. Under the present constitution the commissioner of the land office is appointed by the governor. The land office has charge of all land 4 Code 1912, art. Ixxiv. 6 Ibid., art IXXVA. 6 Ibid., art. x. 7 Ibid., art. liv. 583] GENERAL ECONOMIC WELFARE 113 maps and records, the granting of patents, the issuing of warrants to survey and resurvey land (by orders to county surveyors), the hearing of disputes concerning surveys or patents given under its authority, and the survey and dis- position of all public unclaimed lands. Land patents are signed by the governor ; certificates of surveys must be re- turned by surveyors within six months. A system of fees is laid down for surveys, patents, and so on. The clerks of courts of the counties are keepers of the land records of the counties, and send to the state land office accounts of all transfers. In 1911, 132 land warrants were issued and 72 executed; 89 patents were made, granting 5864 acres of vacant land and bringing into the state treasury $5ii8.6o. 8 ROADS From the time of the constitution of 1851 there have been county road supervisors ; 9 but until recently no great atten- tion was paid to building better highways. Within the last few years the State has made great advances in this line, and is now constructing an elaborate system of roads. In 1906 there was passed the State Aid Highway Act, which provided for a system of cooperation between the State and the counties, each bearing part of the expense. This act also provided for the construction of State Road No. i, which is the pike between Baltimore and Washing- ton. For this purpose an annual appropriation of $50,000 was made for the years 1908, 1909, and 1910. Under this State Aid Highway Act, supervision of the road work was given to the Highway Division of the Geological Survey. In 1908 a system of strictly state roads was provided for, and the work was placed in charge of a State Roads Com- mission. 10 At first these two authorities acted separately, until in 1910 they were wisely consolidated, and the work was given over to the latter authority. 8 Report 1912. 9 Code 1912, art. xci. 10 Laws 1908, ch. 141. 114 STATE ADMINISTRATION IN MARYLAND [584 The State Roads Commission created in 1908 consists of three persons appointed by the governor and two persons designated by him from the "geological and economic survey," together with the governor himself ex officio ; the commission is to continue until the work for which it was created is completed. The governor designates the chair- man and has power of removal of the members. Those appointed by him receive $2000 per year, and the chairman receives $2500. The commission is authorized to engage a secretary, a chief engineer, and all necessary employes. Its members are personally to inspect the public highways of the State and the work being done on them. Maps and statistics relating to the public roads and showing the progress of the work being done on them are to be published annually. The purpose of the commission is stated to be to improve generally the highways of the State, for which it is given extensive powers of survey, condemnation, and construction of roads and bridges, of entering into contracts with persons and municipalities, of calling upon the Mary- land House of Correction for laborers for stone quarries, of establishing such stone quarries, and the like. The com- mission may make arrangements with counties for county construction, in which case it supervises generally and pays upon completion. The completion of the "general system of roads " for the construction of which the commission was created is limited to not later than July i, 1915, in the original law. Many special provisions were made, as for instance that a boulevard should be constructed between Baltimore and Annapolis. The law of 1908 created a State Roads Loan of $5,000,- ooo, for the " establishment, construction, improvement, and maintenance " of the general system of public roads ; the annual expenditure of this was limited to $1,000,000. This was apportioned among the counties in proportion to their public road mileage. In 1910" another loan, called the Public Highways Loan of 1910, and amounting to $1,000,- 11 Laws 1910, ch. 116. 585] GENERAL ECONOMIC WELFARE 11$ ooo, was created. In the same year the commission was given power to regulate traffic on public roads by means of issued orders, for the purpose of preserving these roads, particularly against such traffic as would produce more than the ordinary wear and tear, such as very heavy wagons and automobiles. There is appropriated $200,000 annually to aid in the building of county roads. In IQI2 12 a third loan of $3,170,000 was provided, to be known as the State Loan of 1912 ; this was specifically ap- portioned among enumerated counties and roads. At the same time there was made the "temporary roads loan ; " this authorized the State Roads Commission to make temporary loans in " such sums as it may require " on credit of the loan of 1908, in order to meet temporary needs. 13 Also in 1912 it was made the duty of the State Roads Commission to keep in repair all state roads constructed or improved by it. 14 A brief chronological review of the work done under the above laws, including mention of some of its advantages, is obtained from the governor's biennial summary of the commission's report as follows: Since the passage of the State Aid Highway Act at the beginning of my administration twenty counties out of the twenty-three have in greater or less degree accepted the aid which the State has been prepared to give them . . . seventy-five miles of highways have been built . . . while the engineers of this department have fre- quently advised the counties and municipalities of the State regard- ing local road and street improvements. The visible results of the work already finished induced the pas- sage in 1906 of an Act for independent construction by the State of a modern highway between Baltimore and Washington. The precedent thus established for the construction by a state of main lines of travel ' market roads ' if pursued to the fullest ex- tent of the State's resources would materially hasten the improve- ment of the roads so well begun by the counties themselves under the State Aid Act. The efficiency of the present general act might well be supplemented by the passage from time to time of special acts authorizing the construction by the State of some of our main thoroughfares. The most progressive governments of the world to-day recognize the imperative need of smooth roads with easy grades, if the people are to reach their highest economic development. 12 Laws 1912, ch. 370. is Ibid., ch. 361. 14 Ibid., ch. 375. Il6 STATE ADMINISTRATION IN MARYLAND [586 By the end of 1909 the commission had visited, as author- ized by law, all the counties of the State, and after con- ferring with the people of each had laid out a system of state highways for improvement. In addition they had surveyed 431 miles of road and had contracted for the construction of 1 08 miles, 75 miles of which had been graded and 4^/2 miles had been completed. Also under the state aid system 38 miles had been completed. Roads are 14 feet wide, 8 inches deep, and are macadam, except in some counties of the Eastern Shore and Southern Maryland. The commission reported in 1908 a desire to decrease the cost of construction, and the governor recommended in a message to the legislature a law authorizing the labor of convicts from the jails and other penal institutions of the State on road work, in getting out material in quarries, and " in other capacities where they can be safely and con- veniently used," saying that this system had worked suc- cessfully in the South, and that it would not only be a return to the State on the cost of maintaining its prisoners, but would be good for the health of the prisoners them- selves. The owning and operating of its own quarries by the State was suggested as another means of reducing the cost of road construction. In 1910 the governor recommended that in counties where it had not already been done a system of repair of roads other than those comprising a part of the state system be adopted. "Improvement along this line is more vital and important than the improvement of the main state high- ways, which necessarily constitute a very small part of the roads used by the people in the transaction of everyday business." This is true. The main state highways, to be of greatest value to agriculture, for instance, must be sup- ported by ramifications of smaller roads. For example, the Washington-Baltimore " pike " furnishes access to large city markets, but to be of greater benefit to the farmer it must have good branch roads. One farmer remarked that it was more trouble to drive to the new state roads than to use the old roads. 587] GENERAL ECONOMIC WELFARE 1 1/ By the beginning of 1912 the aggregate number of miles of state road built or under contract was 333.63. At the time of consolidation of the state work and the state aid work, 169.60 miles had been completed under the latter sys- tem. It is interesting to note that the governor in 1912 claimed that Maryland was the first State in the Union to adopt a policy of building the main arteries of public travel solely at state expense. Demands are now being made upon the legislature for a further loan for carrying on the road work. The necessary amount has been variously es- timated. One bill as drafted fixed the sum at $6,000,000; the present governor has asked for that amount. 15 The cause is good, and the construction of the system, having been undertaken, should be completed. Perhaps the most important consideration for the future is that careful pro- vision should be made for the preservation of these roads after their construction at such great expense. STATE SIDEPATH COMMISSIONERS There are five state sidepath commissioners 16 appointed by the governor for terms of five years, who receive expenses but no other compensation, and who are authorized to appoint county boards of sidepath commissioners. They are to construct sidepaths along highways for the use of bicycles, and to charge license fees for users of them ; these fees go toward the construction and repair of the paths. COMMISSIONER OF MOTOR VEHICLES In 1910 there was created the office of commissioner of motor vehicles. 17 The commissioner is appointed by the governor, with the consent of the Senate, for a term of two 15 At the present session of the legislature efforts have been made by Baltimore City politicians to force the passage of a " pork- barrel " bill, which, in providing for funds for the roads, would give an unusually large share to Baltimore City. 16 Code 1912, art. xci, sec. 83 ff. 17 Laws 1910, ch. 207, sec. 131 ; Code 1912, art. Ivi, sec. 133 ff. Il8 STATE ADMINISTRATION IN MARYLAND [588 years, at a salary of $3000 and with a bond of $20,000. He is removable by the governor for official misconduct or in- competency. The governor also approves his appointment of subordinates, and prescribes the number of hours his office in Baltimore shall be open. Every owner of a motor vehicle must, once a year, register his name and address, with the make and a brief technical description of his vehicle, and receive a certificate, to be carried with his vehicle, and two metal number plates, to be displayed con- spicuously on the machine. Only one plate is provided for use on a motorcycle. Dealers and manufacturers may take out special licenses. Registration fees run from $6 to $100. Operators' licenses must also be taken out at the commis- sioner's office. The commissioner may revoke or suspend licenses, but in case of refusal to grant a license or in cases of revocation or suspension of license, appeal lies to the governor. Special provisions are made for the use in the State of motor ve- hicles by registered and licensed owners and operators of other States. " The governor is authorized to confer with the proper officers and legislative bodies of other States and enter into reciprocal agreements under which the registration of motor vehicles owned by residents of this State will be recognized by other States ; and he is authorized to grant to residents of other States the privilege of using the roads of this State as provided in Maryland laws, in return for similar privileges granted to Maryland residents by other States." When a motor vehicle is deposited as security and is for- feited, the commissioner sells it at auction. All fines, pen- alties, and forfeitures of bonds or vehicles under the motor vehicle laws are turned over to the commissioner, who, after deducting necessary expenses of salaries and office-running, pays over the surplus to the state treasurer. This surplus is divided each year; one fifth goes to Baltimore City and four fifths to the State and counties, to be used for the construction and maintenance of the public roads. Motor vehicles used by the police department, fire department, or 589] GENERAL ECONOMIC WELFARE 119 salvage corps of any village, town, city, or county, and all ambulances, road rollers, street sprinklers or sweepers or cleaners, and traction engines used for hauling agricultural machinery, are exempt from the motor vehicle laws. The commissioner appoints a Maryland citizen to act as " motor vehicle agent " in Washington, D. C. ; he receives a salary of $1500, and issues Maryland motor licenses. By 1912 the Maryland commissioner of motor vehicles had collected $103,000 in licenses. The governor then es- timated that within a few years the amount thus collected would reach a sum sufficient to defray all the expenses of the maintenance of the state roads. There is now a move- ment greatly to increase the motor vehicle licenses, with this end in view. If the license fee is not made excessively high, the system is logical, considering the fact that auto- mobiles are perhaps the most disastrous form of traffic to macadam roads. It has been recommended that the work of the commissioner of motor vehicles be consolidated with that of the State Roads Commission, a plan which is logical, and which would save administration expense. NATURAL RESOURCES Game. The governor appoints every two years a state game warden, 18 who receives a salary of $1200 and ex- penses. He enforces the game and fish laws of the State. With regard to the enforcement of the fish laws the gover- nor in 1908 wisely said : " I am still of the opinion that the State Game Warden's duties should be limited to the pro- tecting of game ; the protection of fish should be under the jurisdiction of the Fish Commissioners." There are a large number of laws dealing with birds and game, otters, rac- coons, muskrats, and so on. Sheriffs, constables, officers of the State Fishery Force, and commissioned militia offi- cers may arrest for violation of these state game laws. The game warden may appoint, subject to the approval of the 18 Code 1912, art. xcix, sec. i ff. I2O " STATE ADMINISTRATION IN MARYLAND [590 governor, deputy game wardens, who receive as compensa- tion a portion of the fines. The game warden may call on the State Fishery Force for assistance, through the governor and the Board of Public Works. There are also laws for the preservation of diamondback terrapins, re- stricting the catching, regarding the size, the season, and so on, and prohibiting the destruction of the eggs; they are enforceable by game wardens, constables, and officers ot the State Fishery Force. 19 Lack of funds has always been a complaint in the game warden's office. Fines for violation have amounted to almost nothing, and the appropriation has always been small, in 1913 being $2600. We quote from the game warden's report of that year : The real determent to a proper administration of this department is the meagre sum appropriated for its purposes. It will readily be appreciated, by anyone giving thought to the subject, that $2,600.00 a year is an insignificant and totally inadequate sum to be appro- priated by the State for game and fish protection, if there is any real intention to protect the same. This sum does not, of course, warrant anything in the nature of a paid deputy game warden system. . . . One of the greatest drawbacks to game and fish protection in Maryland is the multiplicity of local laws laws probably meant to protect, but which experience has proven to be one of the greatest means of extermination. The warden recommends a uniform system of game laws, a state- wide gunners' license law, a uniform non-resident gunners' license law, a paid game warden system, a giving to wardens the right of search, and the making of state laws conform to federal game laws. Fish and Oysters. There are two commissioners of fish- eries, 20 one from the Eastern and one from the Western Shore, appointed by the governor with the consent of the Senate for terms of two years, and with salaries of $1500 each. They inspect all waters of the State with a view to stocking them with fish, and propagate the fish for this purpose. They keep in communication with the United States commissioner of fisheries and with the fish commis- 19 Code 1912, art. xcii, sec. I ff. 20 Ibid., art. xxxix, sec. I ff. 59 1 ] GENERAL ECONOMIC WELFARE 121 sions of other States. They are charged with construct- ing fishways or fish-ladders to admit the passage of fish over dams and other obstructions in the upper Potomac and in other rivers and streams in the State. It was pro- vided in one act that they should examine into the expedi- ency of cutting a channel around the Great Falls of the Potomac to admit the passage of fish from tidewater into the upper Potomac, but this channel has never been cut. It is also especially provided that they are to do everything possible to exterminate eels. They report annually to the governor, and make suggestions for legislation for the prop- agation and protection of food fish in the State. The gover- nor transmits this report to the legislature. Ten thousand dollars, or as much of it as the governor thinks necessary, is appropriated annually for their work. A system of licensing is laid down by the Maryland laws for certain kinds of fishing (for example, by net), for selling fish, and so on ; these licenses are obtained from the court clerks, and penalties for violations are provided. The oyster 21 legislation in Maryland has been copious, and regulates tonging, culling, dredging, packing, and time for taking oysters, as well as the locating of private oyster lots. Licenses must be taken out from court clerks for tonging, dredging, and packing. License fees go to the credit of the "oyster fund." There are three bodies of officers who have to do with the oyster industry in the State: the State Fishery Force; general measurers and inspectors, under the commander of the State Fishery Force, and really a part of that same branch, and the Shellfish Commission. The State Fishery Force is under the Board of Public Works. It appoints a commander of the force, who has charge of one steamer regularly in commission. Deputy commanders for various oyster boats, who appoint their own subordinates and crews, are commissioned by the governor. No commander or dep- uty commander may be interested financially in a scrape or 21 Code 1912, art Ixxii. 122 STATE ADMINISTRATION IN MARYLAND [592 dredge boat. The Board of Public Works buys arms and ammunition for the boats. The state waters are divided into seven districts, each with a prescribed number of guard boats ; but any guard boat may be used in any part of the State by order of the Board of Public Works or of the commander. The board may remove any officer of the force for neglect or incompetence; the commander may suspend any officer; the commanding officers may remove subordinates and fill their places. It is the duty of the force to prevent violations of the oyster and fish laws. The commander has control of the entire force, and under the supervision of the Board of Public Works has power to direct its movements; he has an office in Annapolis, and a clerk who remains there issues the necessary orders to the force, consults with the com- mander, and in the latter's absence makes monthly reports. At this office are received all complaints and all applications for assistance. The commander receives a salary of $1500. Financial reports must be made monthly to the Board of Public Works. At each session of the General Assembly the governor appoints nine " general measurers and inspectors," four for Baltimore City and five for other districts of the State. The commander of the State Fishery Force appoints not over twenty " special inspectors " at the beginning of the oyster season every year, whom he may remove for cause. To help defray expenses, a small charge is levied on all oysters unloaded and sold, that is, one cent per bushel, one half cent from the buyer and one half cent from the seller. The inspectors inspect and certify the quantity of merchantable and unmerchantable oysters unloaded. The commander has general control of general measurers and inspectors and special inspectors, whether appointed by himself or not. The general measurers and inspectors su- pervise inspections made by the subordinate inspectors, and are also especially charged with inspecting all oyster meas- ures; they have the power to enter premises and arrest 593] GENERAL ECONOMIC WELFARE 123 violators. They must return annually to the comptroller a statement of the quantity of oysters measured in their re- spective districts. All inspectors report monthly to the commander of the State Fishery Force. Private measurers in- Baltimore city must take out licenses to do business, and any one of them may, if a charge is pending against him for violation of the laws concerning oysters and their qual- ity and measuring, be suspended from business by the general measurers and inspectors in Baltimore City. In 1906 there was enacted an " oyster-culture " measure, known as the Haman law, 22 by which residents, but not corporations, may lease private oyster beds. Until that time all oysters had been taken by tongers, and there existed many " barren bottoms " in state waters which might well produce oysters if they were cultivated. This would bring profit to the individuals who undertook the culture, would increase the oyster industry and thereby the prosperity of the State, and would incidentally bring revenue into the state treasury. The idea was to make a survey of all the oyster beds and barren bottoms of the State, to reserve to the tongers all of the natural beds which they had hitherto had the privilege of using, but to lease the barren bottoms at small rentals to individuals who would undertake oyster farming. For the purpose of making the survey and estab- lishing the system of leasing, a Board of Shellfish Com- missioners was created. The Board of Shellfish Commissioners consists of three members appointed by the Board of Public Works, one from some tidewater county of the Eastern Shore, one from a tidewater county of the Western Shore, and one from Bal- timore City; one of them must be of the minority party. Their term is two years ; and none of them is to be inter- ested in any land taken up for bedding, planting, or culti- vating oysters ; one member is designated by the Board of Public Works at a salary of $2000, and the others receive $1800. The commissioners employ clerks and assistants 22 Laws 1906, ch. 711. 124 STATE ADMINISTRATION IN MARYLAND [594 and a surveyor who is also a hydrographic engineer and who receives $2500. If he is also a biologist, capable of investigating oyster propagation, the sum of $500 is ap- propriated for such investigation by him, including the es- tablishing of one or more " stations." The expenses of the commission are paid from tlie revenues arising from the leasing of land for oyster culture; an office is provided at Annapolis. A survey of the natural oyster beds, bars, and rocks, and the delineation of it on copies of United States Coast and Geodetic Survey maps, was ordered made, marking off defi- nitely the natural beds from the then barren ones which were to be leased. The commissioners were given power to call to their assistance any county surveyor, paying him legal rates for his services. Crab bottoms were to be de- lineated as well as oyster bottoms. One steamer of the State Fishery Force, under command of the deputy com- mander, was put under the control of the commission from April to October of every year. A leasing system was provided by law, with certain set rates and periods. All revenues arising from this system were appropriated to the commission for its expenses, the surplus to go into the state treasury to the credit of the Special Road Fund. The commission prepares annual re- ports in the form of published pamphlets, including finan- cial statements and recommendations for legislation. In iQoS 23 the commission was also charged with surveying the clam-rocks of Pocomoke Sound in Somerset County and delineating them on the map already mentioned ; these rocks were to be set aside, like the natural oyster beds, for the use of the public. For a while the oyster-culture system seemed to work well. In 1908 the governor said: "The Haman plan of leasing the barren bottoms of the Chesapeake Bay and its tributaries, on fair rentals, the revenues from which shall be applied to the building of good roads in Maryland, has already been more than justified." 23 Laws 1908, ch. 590. 595] GENERAL ECONOMIC WELFARE 125 In 1912 the governor stated that the system established by this act of 1906 fully protects in every way the interest of those engaged in tonging and dredging oysters, by the reservation for all time to this class of our citizenship, of the free and exclusive use of the natural oyster area of the State, and is the most thorough oyster survey that has ever been made in any State in the Union. And for the first time in the history of Maryland, a condition prevails whereby private planting on barren areas in the Chesapeake Bay and its tributaries can be fairly and impartially tested without in any manner conflicting with the rights of oystermen, or ever arousing a suspicion on their part of any possible interference with their ancient privileges. In 1912 the commission reported the survey completed. As a survey measure they stated that the act of 1906 was wholly satisfactory, but as an oyster-culture measure, un- satisfactory. It is to be remarked, however, that the de- fects pointed out were of concern to the State and to the oyster culturists, and were not in line with arguments which had been made by the tonging element in criticism of the Haman act. At the present time the question of oyster culture has become acute. There had been a growing dissatisfaction with the system on the part of the oystermen, or tongers, which led in the latter part of 1913 to a so-called "oyster- war." This was due to the fact that the tongers resented having been excluded from any oyster bottoms of the State. There has been much agitation and much propaganda on both sides, and at the present (1914) session of the legis- lature efforts are being made to have the Haman law re- pealed, which efforts in turn are being opposed by the so- called proculturists. The contention of the oystermen is that it is their natural right to have the use of all oyster bottoms in the State. Incidentally they argue that in some cases the survey has classed as barren bottoms, and there- fore as bottoms leasable by the State, certain bottoms which were natural beds ; also that the oyster-culture system has not been a success, that few persons have leased bottoms, and that little revenue has accrued to the State from the system. But these conditions, if true, indicate mistakes in 126 STATE ADMINISTRATION IN MARYLAND [596 method and not in principle. That the tongers' arguments are wrong in principle is very obvious, for no such group of persons can possess the inalienable rights to property not their own which they claim. And that their arguments are wrong in general practice may be demonstrated by the splendid results obtained in other States from oyster-cul- ture systems, as, for instance, in Rhode Island and Virginia. If it be granted, as perhaps it must be, that the culture system has not been a great success in Maryland, the rem- edy for this is very apparently correction of the system rather than abolition of it. In concluding this section on the administration of the fish and oyster industries in Maryland, the need of con- solidation may be emphasized. The scattering of identical or similar duties among so many different departments is unnecessary. It would seem wise to take from the state game warden all enforcement of fish laws, and to give this work to a new central department, which would consist of a consolidation of the other three branches, namely, the State Fishery Force, the commissioners of fisheries, and the Board of Shellfish Commissioners. Agriculture. Under this head will be considered the Live Stock Sanitary Board and the chief veterinary inspector, or state veterinarian, the tobacco warehouses, and the agri- cultural work done under the board of trustees of the Mary- land Agricultural College. The governor appoints, with the consent of the Senate, the three members of the Live Stock Sanitary Board, 24 who must be engaged in breeding live stock. Their term is two years and their compensation five dollars a day, plus ex- penses, for actual time. The duty of the board is to " pro- tect the health of the domestic animals of the State." The board has power to establish quarantine, sanitary, and other regulations, and to prevent the introduction into the State of diseased animals by requesting the governor to proclaim a quarantine on animals from certain States. The local 24 Code 1912, art Iviii, sec. i S. 597] GENERAL ECONOMIC WELFARE 1 2/ boards of health are charged with investigating live stock diseases and reporting immediately to the board. The governor appoints a chief veterinary inspector, 25 who must be a graduate of a recognized school of veterinary medicine, and who receives $1000 and expenses and has under him assistant inspectors. His work is to visit farms, stables, and railway cars, and to make regulations for the isolation, disinfection, destruction, or quarantine of animals. Sheriffs and constables are to cooperate with him in carrying out his orders. He also superintends the slaughter of diseased animals at regular slaughter houses. His work is intimately connected with that of the Live Stock Sanitary Board. All veterinary practitioners must report to the board cases of contagious live-stock disease. Only by permission of the board may an animal be inoculated with the virus of a contagious disease. The law specifically prohibits the exposure or sale of infected animals. Infected animals, buildings, and feeds are appraised and destroyed. The appraisal is made by two persons, one appointed by the in- spector and one by the owner, or, if the owner neglects to appoint, both persons are designated by the inspector; and in case of disagreement, these two appraisers appoint a third. Appeal lies to the circuit court. The Live Stock Board is to cooperate with the Bureau of Animal Industry of the United States Department of Agriculture. In the case of an epidemic it may appoint special assistants to the chief veterinary inspector. All persons supplying milk to cities, towns, and villages must register their herds with the board, which at least annually must, without notice, have such dairies inspected, and, if any one of them is found insanitary, prohibit further sale of milk from it until the premises conform to certain sanitary rules. The board furnishes dairies with certificates of health, which it may revoke at discretion. 26 25 Code 1912, art. Iviii, sec. 5 ff. 26 Ibid., sec. 20 ff. 128 STATE ADMINISTRATION IN MARYLAND [598 The importation of dairy or meat cattle into Maryland is prohibited without a certificate of health from the proper officers of the State from which they came. Cattle sent in without this are held by the State and examined at the expense of the owner. In 1902" a commission termed the " Cerebro-Spinal- Meningitis in Horses Commission" was created, with five members appointed by the governor, including the professor of pathology in the Johns Hopkins University and the veterinarian of the Maryland Agricultural College. Its duty as outlined was investigation of the cause, origin, treat- ment, prevention, and cure of cerebro-spinal meningitis in Maryland horses. No salaries were provided, but expenses were to be paid from an appropriated sum of $2000. In 1906 an act extended the powers of the commission to other diseases of horses and cattle, to include the " investigation of immunization of cattle against contagious diseases." In Maryland's treatment of horses, cattle, and other farm animals we find another example of administrative disin- tegration. This last named commission was created while there were two other departments dealing with almost the same subject. In addition to these offices there is also a Maryland Agricultural College veterinarian. In 1908 the State Live Stock Sanitary Board recom- mended the passage of a law providing that every owner, manager, or operator of a creamery should, before deliver- ing any skimmed milk, cause it to be pasteurized at a tem- perature of at least 185 degrees Fahrenheit. This recom- mendation raised still another question of jurisdiction. We find the Live Stock Board attempting to regulate the purity of milk, and we have already seen that the State Health Department has a similar task. Of course, the value of a live stock sanitary board is not questioned, and it should cooperate with the Health Department and all departments on whose spheres it borders. But these should be distinctly outlined and should not needlessly overlap. 27 Code 1912, art. xliii, sec. 192. 599] GENERAL ECONOMIC WELFARE 129 The governor every two years appoints with the consent of the Senate an inspector of tobacco, 28 who must be a tobacco grower and a resident of one of the tobacco-growing counties of the State. His salary is $2000 and his bond $30,000. He has charge of the state tobacco warehouses in Baltimore City. He inspects all tobacco brought there, either personally or through " samplers " over whom he has complete charge. He may sell tobacco which he has raised, but he and his employes are prohibited from engaging in the business of buying and selling tobacco. He appoints clerks, samplers, laborers, and other employes ; and in this duty he is charged with apportioning the patronage at his disposal equitably among the inhabitants of the tobacco-growing counties. All salaries and expenses are paid out of the receipts of office. The inspector makes quarterly reports to the comptroller, and annually pays to the comptroller all surplus revenue. In his absence the chief clerk acts as chief inspector. The inspector receives all tobacco delivered at any of the warehouses in Baltimore City and gives receipt for it. There are detailed provisions for the storage, weighing, inspection, and marking of all tobacco delivered to these warehouses. In case of a dispute concerning the correct- ness of the sample furnished to the inspector a decision is rendered by an arbitration committee, one member of which is appointed by the inspector, one by the claimant, and a third by these two. This committee has the power of hold- ing investigation, summoning witnesses, administering oaths, and assessing damages ; from it there is no appeal. A similar arbitration method is followed when the owner be- lieves his tobacco to be incorrectly sampled. In this case the committee requires the resampling of the tobacco, and, if the original sampling is proved incorrect, a correct sample is substituted. If the original sample was correct, the cost of resampling is borne by the owner. An inspector may repack tobacco at the expense of the owner if it is " trash," 28 Code 1912, art. xlviii, sec. 9 ff. 9 I3O STATE ADMINISTRATION IN MARYLAND [6oO or if it is falsely packed or is packed in unseasoned timber. If tobacco is delivered improperly coopered, it is coopered at the owner's expense. All scrap tobacco accumulating at the warehouses is sold for the benefit of the tobacco fund. No tobacco grown in Maryland " shall be passed or ac- counted lawful tobacco " unless it measures up to the speci- fications of the tobacco laws regarding packing, and so on, but any grower or owner may sell his tobacco without in- spection or storage at the state warehouses. An owner or grower may also store such tobacco in a state warehouse without inspection and simply pay storage charges. Grow- ers sending their tobacco to the warehouses are not charged storage rates for it unless it is left in the warehouse for over six months after it is sold. In the absence of the state wharfinger the inspector of tobacco has a certain supervision over the wharves. Vessels with tobacco for the state ware- houses are to be given preference over others at the wharves. If the state warehouses are crowded, the inspector may rent other storage quarters. In 1910 the tobacco inspector reported $7000 in bank, in addition to $4000 paid into the treasury ; and also reported that a new warehouse, the erection of which was authorized by the legislature of 1908, was nearly completed. In 1912 he stated that he would pay into the treasury $24,000. From this it is seen that the Maryland system of tobacco inspection and storage is not only beneficial to tobacco grow- ers, but is also profitable to the State. The constitution of 1867 created the office of superin- tendent of labor and agriculture, to which a superintendent was elected for four years at a salary of $2500. He was to supervise the state inspectors of agricultural products and fertilizers, and to prescribe regulations for them and audit their accounts ; to supervise the tobacco warehouses and all other storage and inspection buildings of the State; to in- quire into the undeveloped resources of the State, par- ticularly those of Chesapeake Bay and its tributaries, and to 6oi] GENERAL ECONOMIC WELFARE 13! suggest plans to render them available as sources of revenue. He might be given supervision over other state buildings than those mentioned ; he was to report to the General As- sembly. This office was created so as to continue for four years and then to terminate unless continued by the General Assembly. It passed out of existence. The numerous matters put under the supervision of this superintendent have become differentiated. For instance, we have seen how the tobacco warehouses are now under an inspector of tobacco. Since 1888 the greater part of agricultural administration has been carried on by the Maryland Agricultural College and by the Maryland Experiment Station, the latter of which is a distinct institution, but which has been put by the State under the control of the board of trustees of the college and is inseparably associated with the college. The two institutions cooperate almost as a unit, and many of the scientists connected with the station are members of the college faculty. The board of trustees of the Maryland Agricultural Col- lege was recently given the official designation, " State Board of Agriculture." 29 The director of the Experiment Station is ex officio secretary of this State Board of Agriculture, and is its executive officer. It is also interesting to remark in this connection that the recently chosen president of the college, who was previously director of the station, retained the headship of both institutions. The Maryland Agricul- tural Experiment Station, spoken of in the law as a " de- partment of the Maryland Agricultural College," is desig- nated to receive the Maryland share of the federal appro- priations for agricultural investigation, under the Adams Bill (H. R. 345, 59th Congress, ist Session). The Experiment Station, through its many " Departments of Investigation" and its "Extension Work," has been a great factor in improving the agricultural resources of the State, and, in spite of meagre support, has caused farm 29 Code 1912, art. HA, sees, i ff. 132 STATE ADMINISTRATION IN MARYLAND [6O2 lands and production to increase in value, according to gov- ernment reports, approximately $28,616,702 during the last ten years. 30 It must be remembered, before proceeding to a description of the departments of the Experiment Station, that the appropriations for their work and those for the college are entirely separate. The State Horticultural Department 31 of the Experi- ment Station was established in iSgS 32 for the purpose of suppressing and eradicating the San Jose scale, peach yellows, pear blight, and other injurious insect pests and plant diseases. The professor of entomology at the Mary- land Agricultural College is the state entomologist, the pro- fessor of vegetable pathology is state pathologist, and the professor of horticulture is state horticulturist ; these persons are responsible to the trustees of the college and Experi- ment Station, who fix their salaries and control all the ex- penses of their departments, including compensation of assistants. These officers are authorized to inspect and treat or destroy trees and plants throughout the State on public land. If they find infested trees or plants on private property, they tag them and notify the owner; if their orders are not complied with within ten days, the department treats or destroys the affected trees or plants and sends the bill to the state's attorney of the county, who collects the bill for the work. This latter seldom happens, as horticulturists of the State are glad to cooperate with the horticultural de- partment. At least once a year either the entomologist or the patholo- gist or some authorized assistant must go into each county and determine the healthfulness of general agricultural con- ditions. One of these officers is also required every six months to inspect every nursery in the State; if he finds no pests or diseases, he issues a certificate to the owner ; if such are found, he treats or destroys at the owner's expense and 30 From pamphlet, " Facts Concerning the Maryland Agricultural College," being an extract from President H. J. Patterson's address before the General Assembly, 1914. 31 Code 1912, art. xlviii, sec. 50 ff. 32 Patterson. 603] GENERAL ECONOMIC WELFARE 133 issues a certificate for the remainder of the stock. A nurseryman in disposing of his stock in any way, by sale or gift, must accompany each shipment with a copy of this certificate. All the nursery stock in the State must be fumi- gated with hydrocyanic acid gas under the direction of officers of the horticultural department. When nursery stock is shipped into the State, it must bear on the packing a certificate of inspection of some competent officer of the State from which it comes. If it does not, the transporta- tion company or the person receiving it notifies the state entomologist or pathologist. The matter is then brought before a justice of the peace, and if it is proved that the stock was not properly inspected it is returned, unless the person receiving it has it satisfactorily inspected by Mary- land officers at his own expense. Otherwise, the stock is destroyed. If a nurseryman of another State ships infested stock into Maryland and it is condemned by the proper officers, he forfeits its value and the consignee need not pay him. The entomologist and the pathologist annually submit re- ports of their inspections and investigations to the board of trustees ; these are transmitted to the governor and the Gen- eral Assembly, and are published and distributed among the people of the State as bulletins of the Experiment Station. The provisions requiring yearly inspection in every county are apparently not rigidly carried out; but often this may not be necessary. In 1908 the department reported that in 1907 twenty-one counties had been entered, and 1,664,932 trees had been inspected. "Of these ten per cent were infested with the San Jose scale. This represents a decreas- ing area of infestation, and better control of the pest." The thoroughness and the benefit of the work of this and similar inspection departments are not to be doubted. A recent striking case is cited by the director of the station, in which a fruit grower, upon advice of the horticultural department, invested $2000 in the proper spraying of his peach trees, and cleared $25,000 on his peach crop, instead of having it 134 STATE ADMINISTRATION IN MARYLAND [604 totally destroyed by brown rot. This is indicative of the many thousands of dollars that are saved through the ad- ministration of this department. The inspection of fertilizers 33 was placed in i894 8 * under the state chemist, who is professor of chemistry at the Mary- land Agricultural College. A yearly license must be ob- tained from the comptroller to manufacture or sell fertilizer, and there is also a provision for registration with the state chemist. Fertilizer bags must be stamped with the name and address of the manufacturer or importer, with the trademark, and a statement of ingredients. The state chemist analyzes, free of charge, samples of fertilizer sent to him by any consumer; and he is also, through his as- sistants, to obtain samples " as far as practicable every year, of all fertilizers sold and used in the State." He is author- ized to take such samples from fertilizer in transit. All these samples are analyzed and reports, which include a chemical statement of ingredients and also a statement of the commercial value, are made to the persons from whom they were received or taken. From time to time published reports are made, showing the results of analyses. The funds received from the fifteen dollar license fees are used for the expenses of the state chemist. There have been certain exemptions from these regula- tions, and in igi2 S5 the rules were somewhat changed. Fertilizer selling for less than eight dollars a ton is excluded, as are ground gypsum, dung, and fertilizers mixed to order. In the same year 36 special provisions, similar to those for the inspection of fertilizers, were made for the inspection by the state chemist of agricultural lime; such lime must be properly labelled and is subject to inspection. Manufacturers of concentrated commercial feed stuffs 37 33 Code 1912, art. Ixi, sec. I ff. 34 Patterson. 35 Laws 1912, ch. 212. 86 Ibid., ch. 176. 37 Code 1912, art. xlviii, sec. 80 ff. See also Patterson. 605] GENERAL ECONOMIC WELFARE 135 for farm live stock and poultry must label their products, as must manufacturers of fertilizers; but this does not in- clude hays, straws, and certain unmixed seeds and meals like wheat and barley. Before the manufacturer of com- mercial feed stuffs disposes of any of his product, he must file a complete statement for each brand, including name, weight, and analysis, with the state chemist, and must send to the treasurer of the Maryland Agricultural College an in- spection fee of $20 for one year's license. The state chemist may also require that a representative sample of the stuff be sent to him. The state chemist is to have analyzed, every year, at least one sample of every such feed stuff offered for sale in the State. For this purpose he and his deputies are authorized to take a sample of not over two pounds from any lot or package of feed stuff in transit or in the posses- sion of any manufacturer, importer, agent, or dealer. The results of the analysis of these samples are published in bulletins. If the state chemist finds any violation of the laws on this subject, or finds any feed stuff that does not conform to its certified statement, he gives thirty days' notice to the manufacturer or dealer, after which he re- ports the violation to the state's attorney having jurisdiction, who prosecutes. Twenty thousand copies of each issue of a quarterly bulletin published by the Fertilizer and Feed Stuffs Inspection Department are distributed among the farmers of the State. 38 Two new departments were added to the Experiment Sta- tion in 1910. A hog cholera laboratory was established with an appropriation of $5000 for equipment and $5000 for two years' expenses. 39 This laboratory instructs the farmers concerning hog cholera, attempts to eradicate the disease, and distributes serum throughout the State. A seed inspection department, 40 with an appropriation of $2000 a year, conducts work similar to that of other inspection departments. Its analyses of farm seeds are a valuable 38 Patterson. 3 Ibid. 40 Ibid. 136 STATE ADMINISTRATION IN MARYLAND [606 protection to the farmer. Furthermore, the station " aims to cooperate with every county almshouse farm or farm attached to a State institution, in testing or in multiplying the improved varieties of seeds." 41 In 1912 the governor recommended the placing at the Agricultural College some person conversant with newspaper work who would prepare in a concise and condensed form the results of the experimental work going on under the agri- cultural departments of the national government as well as of the different states of the Union, and send the same to the city and county newspapers, who would be glad to publish it free of cost, and thereby supply to all the farmers of the State promptly and freshly the information that was secured from the thought and experiments made throughout the country. Recently it has also been suggested that a soil survey be made of all the counties, so that the farmers in the State might know exactly what their soils are best suited to, and, if they are deficient, what is needed to enrich them. Such a survey should be of great value to the agriculture of the State. With justification the Experiment Station petitions for increased appropriations with which to carry on its use- ful work. The functions of agricultural administration are fairly well grouped in Maryland. Some few of them are con- ducted independently. It has already been remarked that those dealing with farm stock are too widely scattered and are duplicated. There would seem to be no reason why the work now being done by the State Live Stock and Sani- tary Board and by the state veterinary inspector should not be grouped under the State Board of Agriculture, under which there is already a Maryland Agricultural College vet- erinarian, and under which work, not identical, yet simi- lar, is being done. Geological Survey. By act of iSg6* 2 there was estab- lished a State Geological and Economic Survey, 43 under the direction of a commission composed of the governor, the comptroller, the president of Johns Hopkins University, 41 Patterson. 42 Laws 1896, ch. 51. 43 Code 1912, art. xci, sec. 19 ff. 607] GENERAL ECONOMIC WELFARE 137 and the president of the Maryland Agricultural College, who serve without salary but are reimbursed for actual ex- penses. An annual appropriation of $15,000 was made. This commission has charge of the survey, appoints a geolo- gist as superintendent, and, on his nomination, employs assistants. A well-known geologist is now at the head of the work. The duties of the survey are to make an examination of the geological formations of the State, with especial ref- erence to their economic products, that is, building stones, clays, ores, and so on; to examine and classify the soils and to study their adaptability to particular crops, a func- tion which more properly belongs within the sphere of the Agricultural Experiment Station, where most of such work is done; to make an examination of the physical features of the State with reference to their practical bearing on the occupations of the people ; to prepare special geological and economic maps, and to prepare reports to illustrate the geology and the resources of the State ; and to consider such other scientific and economic questions as in the judg- ment of the commissioners shall be deemed of value to the people. The survey reports to the General Assembly, and distributes reports and information through the State. It also distributes collections of materials among the educa- tional institutions of the State, or puts them on permanent exhibition. A topographic survey of the entire State was finished several years ago. In 1908 the governor pointed out that the publications of the Maryland Geological Survey are used in schools, colleges, and libraries in this and other countries. He went on to say that the standard of effi- ciency of the department, conducted as it is by scientists eminent in their line, is attested by the fact that trade and scientific journals commend it highly, and that "at every international exposition in recent years, these publications have received the highest awards, the only gold medal awarded in this class having been received recently." 138 STATE ADMINISTRATION IN MARYLAND [608 Forestry.** In I9o6 45 the Maryland State Board of For- estry was created, consisting of the governor, the comp- troller, the president of Johns Hopkins University, the pres- ident of the Maryland Agricultural College, the state geol- ogist, and one interested citizen and one practical lumber- man engaged in lumber manufacturing in the State, ap- pointed by the governor for two years. The members of the board receive reimbursement for ac- tual expenses. The state forester is appointed by the board at a salary of not over $2000 and expenses. He must have a practical knowledge of forestry and be a "trained forester." Under the general supervision of the Board of Forestry, he has the direction of all forest interests and all matters pertaining to forestry in the State. He directs the forest wardens of the State; takes action authorized by law for the prevention and extinguishing of forest fires ; enforces all laws pertaining to forests and woodlands, and instigates prosecutions for their violation; collects data re- lating to forest conditions and forest destruction; and di- rects the protection and improvement of state parks and forest reserves, and cooperates with the land owners of the State. He is required to deliver every year a course of lectures on forestry and sylviculture at the Maryland Agri- cultural College, subject to the approval of the board of trustees of that institution. As far as his duties will per- mit, he is also to carry on educational courses of lectures on forestry at farmers' institutes and similar meetings in the State. The State Board of Forestry may purchase, in the name of the State, lands suitable for forest culture and reserves, at not over five dollars per acre, using for the purpose any surplus funds not otherwise appropriated which may be standing to the credit of the forest reserve fund. The board has power to make all rules and regulations govern- ing these reserves. The governor is authorized, upon rec- ommendation of the board, to accept gifts of land to the 44 Code 1912, art xxxixA, sec. i ff. 45 Laws 1906, ch. 294. 609] GENERAL ECONOMIC WELFARE 139 State, to be held, protected, and administered by the board as forest reserves, and to be used so as to demonstrate the practical utility of timber culture and as breeding places for game. Such gifts must be absolute, except for the reser- vation of mineral and mining rights in them and the stipu- lation that they shall be administered as state reserves ; the attorney-general is charged with seeing that all deeds to such gift lands are properly executed before the lands are accepted by the State. The state forester, upon request or when he deems it necessary and when sanctioned by the board, cooperates with counties, towns, corporations, and individuals in pre- paring plans for the protection, management, and replace- ment of trees, wood-lots, and timber tracts; provided an agreement is made by those receiving such assistance to pay at least the field expenses of the men employed in prepar- ing the plans. The state forester may apply to the gover- nor to commission forest wardens throughout the State to enforce the forestry laws and assist in the work of the de- partment; these wardens are appointed for two years and receive compensation for actual services and, at the discre- tion of the board, $20 per annum. The maximum number of wardens in each county is prescribed as one to every 15,000 acres or fraction thereof over one half. They have power of constables so far as the forestry, game, and fish laws are concerned ; they are charged with the enforcement of the forestry laws, the reporting of violations to the state forester, and assistance in the apprehension and conviction of violators. They have right of way on all lands in case of fire, and at such times may employ men to assist, being permitted to call on all able-bodied men from eighteen to fifty years of age and to require the use of horses and other property in extinguishing the fire. They make annual re- ports to the state forester on the condition of the forests in their respective territories; they must make immediate report of expenses incurred in fighting fires. One half of the expense of fighting forest fires is borne by the county, I4O STATE ADMINISTRATION IN MARYLAND [6lO one half by the State; but owners may not be paid for fighting fire on their own lands. The county commissioners are authorized to levy taxes and appropriate money for the protection, management, and purchasing of forests. The Forest Reserve Fund is set aside as a special fund in the state treasury, and to it goes all money collected for the violation of the forestry laws. It is used for the " pro- tection, management, replacement, and extension of the forests of the State," under the direction of the State Board of Forestry. The benefit of scientific forestry and a good forestry service in a State scarcely needs to be emphasized. Not only are fires prevented and tree-culture is improved and ad- vanced, but deforestation may be prevented. The dis- astrous results of clearing mountain and hillside without replanting, thereby permitting soil-washing and consequent soil sterility, are well known. Recently the state forester of Maryland 46 estimated that in Maryland, which, although it is not a " timber state," has thirty-five per cent of timber land, the annual loss from forest fires has been reduced from $250,000 to $50,000 by means of the system of wardens and forest patrol. The state forester has advocated the passage at this session of the legislature of a law providing for the planting of trees along public roads. State Conservation Bureau. 4 * By act of iQio 48 there was established a State Conservation Bureau, to consist of three unsalaried commissioners appointed by the governor. The duties of the bureau are to study problems concerning the utilization and conservation of the natural resources of the State, to cooperate with the national government in con- serving Maryland resources, to prepare publications from time to time, and to report to the General Assembly at each session. The conservation of natural resources should be more closely allied with other administrative departments of the 46 In a lecture at the Johns Hopkins University. Cnrle TOT2. art. VIVA. 47 Code 1912, art. 48 Laws 1910, ch. 238. 6ll] GENERAL ECONOMIC WELFARE State which have to do with these resources, as, for in- stance, the State Board of Forestry and the Geological Sur- vey. Similarly there should be some organic connection between these departments and the State Board of Agricul- ture. BUREAU OF IMMIGRATION This bureau 49 exists for the purpose of encouraging im- migration to Maryland. It is conducted by a board of three commissioners of immigration, who are appointed by the governor, with the consent of the Senate, for terms of two years. In the appointment one member is designated as president of the board, and one as state superintendent of immigration. The superintendent receives $2000 a year and expenses ; the other members receive $500 a year and ex- penses. An immigration office is located in Baltimore which must be kept open from nine to five daily, where are kept for ready reference maps, pamphlets, and statistics descrip- tive of the geographical position of each county of the State, its agricultural and other resources and capabilities, shipping, marketing, and other facilities, the quantities and character of lands for sale and their prices, the social, edu- cational, and other conditions of each county, and all ad- vantages and inducements to immigrants. All information, by letter or otherwise, is furnished gratuitously to all who apply. The commissioners appoint at a salary of $1200 a secre- tary who is to be conversant, if practicable, with the Eng- lish, German, Dutch, and French languages. He keeps the books and records of the office, where he must be in daily attendance ; conducts its correspondence and other business ; and in the absence of the superintendent, furnishes infor- mation to applicants. For the purpose of disseminating information and of dis- tributing and locating the immigrants who are brought into the State through the agency of the bureau, the board, in 49 Code 1912, art. X!VA, sec. I ff. 142 STATE ADMINISTRATION IN MARYLAND [6 1 2 addition to collecting information, encourages the organi- zation of local boards of immigration throughout the State, at local expense. The board may call on the county com- missioners to assist it in collecting information. If it seems desirable, the superintendent may, personally or through an agent, visit places in the Union and Canada for the purpose of attracting to Maryland desirable immigration. He may also take other means of advertising. The board is given authority to make contracts with railways, steamship lines, and other transportation companies, securing low rates of transportation for immigrants ; it may also make arrange- ments for their reception and temporary accommodation upon arrival in Baltimore and other points in the State, until they can be distributed and located in the various counties. The board meets monthly in Baltimore City and makes an annual report of work and expenses to the gov- ernor, who transmits it to the General Assembly. According to reports of the bureau, in the two years of 1906 and 1907 land was purchased in various parts of the State by 250 farmers, including a number of foreigners; 3500 persons visited the bureau office seeking information about the State, its resources and its desirability as a place of residence; and 21,817 Europeans landed in the port of Baltimore. The bureau attempted to aid farmers in secur- ing suitable labor, and "with this end in view many men, women, and children were induced to come from Europe to the farms in Maryland at no extra expense to the State." This work has continued ; within the past few months there has been a movement toward the farms of many unemployed persons in the State. From these efforts to increase immigration it would seem that Maryland has not yet reached the stage where the prob- lem of over-immigration and undesirable immigration is a serious one, as it is in some other States. But it is to be noted that the effort is to attract such immigrants as will become farm owners and farm laborers, rather than indus- trial workers. It is also to be remarked that the secretary 613] GENERAL ECONOMIC WELFARE 143 is " to be conversant, if practicable, with the English, Ger- man, Dutch and French languages;" this would seem to indicate that in creating the bureau the legislators had in mind English, German, Dutch, and French immigrants, who are as a rule of a better class than those coming from the more southerly parts of Europe. In 1912 the governor recommended that the Bureau of Immigration be consolidated with the Maryland Agricul- tural College and administered by its trustees, "thereby saving administration expenses." Presumably this consoli- dation will not take place. INDUSTRIAL BUREAU There is a " Bureau of Statistics and Information as to Branches of Industry," 50 the head of which is called " chief of the Industrial Bureau " and is appointed by the govenor, with the consent of the Senate, for a term of two years and at a salary of $2500 per annum. The annual appropriation is $10,000. The bureau is directed to collect statistics, to operate a free employment agency, to arbitrate labor dis- putes, and to enforce child labor laws. Statistics. The bureau collects statistics and informa- tion regarding labor, with especial reference to wages and the causes of strikes and disagreements; agricultural con- ditions and products, acreage under cultivation, character and price of lands, live stock, and so on, which may be of general interest and calculated to attract immigration ; min- eral products, the output of mines and quarries, and the manufacturing industries ; and railways and other transpor- tation companies, shipping, and commerce. It is a bureau of general information, and all state officers must send to it copies of their reports as soon as they are published. This information it classifies and publishes annually. Employment Agency. The bureau has organized and operates a free state employment agency. It has been rec- 50 Code 1912, art. Ixxxix, sec. i ff. 144 STATE ADMINISTRATION IN MARYLAND [614 I ommended that the scope of this agency should be widened to cover the entire State by the establishment of additional branches for the distribution of unemployed persons over the State. Arbitration of Labor Disputes. This function was in- troduced by act of I9O4. 51 On the receipt of information from an employer or from a committee of employes, or from any reliable source, that a dispute has arisen between employers and employes involving ten or more persons, which may be the result of a strike or a lock-out, the chief or a deputy of the Industrial Bureau visits the scene and attempts to mediate. If this purpose cannot be accom- plished, he endeavors to secure the consent of the parties to the formation of a board of arbitration, to be composed of one employer and one employe of the same or a similar trade, not involved in the dispute, chosen by the respective parties to the controversy, and a third arbitrator selected by the first two ; on their failure to select this third, the chief of the Industrial Bureau, or a deputy, acts. If the parties refuse to arbitrate, the chief of the bureau or his deputy investigates the dispute, for which purpose he is given power to summon witnesses, administer oaths, and compel the giving of testimony and the production of books and papers. Having determined in his judgment which party is mainly " responsible and blameworthy " for the con- tinuance of the dispute, he publishes in some daily paper a report assigning such responsibility or blame over his offi- cial signature. Supervision of Child Labor. The chief of the Industrial Bureau has the supervision of child labor. For the pur- pose of enforcing child labor laws he appoints eight in- spectors, at a compensation of $900 per year and expenses, who, like the school attendance officers, visit business es- tablishments to see whether any minors are employed con- trary to the law, and if they discover violations report them to justices of the peace. The bureau also issues special 51 Laws 1904, ch. 671. 615] GENERAL ECONOMIC WELFARE 145 permits for child employment, and for carrying on this branch of its work receives from the State $12,000 annually. The bureau chief is authorized to employ, in addition to the eight inspectors, one or more physicians, at a total com- pensation of not over $2500, which is to be paid by Balti- more City. The chief of the bureau reported in 1908 that "the en- forcement of the Child Labor Law has received special attention since its adoption," and that a total of 20,087 P er ~ mits to work had been given to children between twelve and sixteen years of age. He also stated that the sweat shop law was "vigorously enforced," and that the clothing industry in Baltimore, which gives employment to 18,000 people and has an output estimated at $25,000,000, was well regulated. In 1912 he reported that in 1911, under the child labor and factory laws, 23,599 places had been vis- ited, 649 more than in 1910; and that the law prohibiting the employment of children under sixteen years of age more than ten hours a day was being well enforced. The provisions concerning the age limits for employment are so variously and confusingly set forth that it is diffi- cult to generalize concerning them. Generally speaking, the minimum age is twelve in some employments, fourteen in others, and sixteen in certain enumerated dangerous em- ployments. There are also provisions requiring a certain amount of schooling. Every child employed under sixteen years of age must receive a certificate from the Industrial Bureau; this certificate vouches for age (on authentic evi- dence), a certain physical development, a certain amount of schooling, and so on. It is issued in Baltimore by the Industrial Bureau and in the counties by school superin- tendents acting for the bureau. 1C 146 STATE ADMINISTRATION IN MARYLAND [6 1 6 STATE WHARFINGER 52 The governor, with the consent of the Senate, appoints every two years a state wharfinger 53 in Baltimore City. This official takes charge of the wharves in Baltimore be- longing to or rented by the State, and charges wharfage fees. His compensation is $250 a year plus one fifth of the fees. WEIGHTS AND MEASURES A system of standard weights and measures 54 is provided in the State, based on the United States standards. The administration of this system in the counties is placed in the hands of the county commissioners, who appoint "keepers of standard weights and measures." These keepers inspect all weights and measures and brand them with the letters " Md. S." (Maryland Standard), and investigate the use of fraud in weighing and measuring. There are special stand- ards established by the State for different products, par- ticularly for fruits and vegetables. A platform scale for weighing tomatoes is kept in Balti- more City by the Board of Public Works. This was estab- lished by act of ipio, 55 and by the same act the office of weigher was created. This weigher, who is appointed by the governor, weighs all vegetables sold by weight that are brought to Center Market Space in Baltimore City, charging for this service a small fee. STATE WEATHER SERVICE The State Weather Service 56 is under the control and management of the Johns Hopkins University, the Mary- land Agricultural College, and the United States Weather 52 Code 1912, art. xcviii. 53 Section i of this article reads " one or more wharfingers," but all other sections refer to a " state wharfinger." 54 Code 1912, art. xcvii. 65 Laws 1910, ch. 738. 66 Code 1912, art. xcviA. 6 1 7] GENERAL ECONOMIC WELFARE 147 Service. Its officers are a director, designated by the presi- dent of the Johns Hopkins University ; a secretary-treasurer, designated by the president of the Maryland Agricultural College ; and a meteorologist, designated by the chief of the United States Weather Bureau. These officers constitute a board of government under the direction of the institutions from which they receive their appointments. They receive no compensation. The central station is at the Johns Hopkins University. The board of government was authorized by the act creating it 57 to establish, if practicable, one or more voluntary meteorological stations in each county, under its supervision, to cooperate with the chief of the United States Weather Bureau. The board is authorized to print weekly and monthly reports and distribute them in the State. Annual reports are made to the General Assembly. STATE MANUAL The secretary of state is required to publish annually a State Manual 58 of general information, including lists of officers and their salaries, amounts of the public school tax, the gross and net debt of the State, appropriations to educa- tional and charitable institutions, and similar information. This work is somewhat similar to that of the Bureau of Statistics and Information (Industrial Bureau), and might be consolidated with it. CONCLUSION It seems unnecessary, except in a very broad way, to set forth here the conclusions and recommendations which have been made throughout the preceding paragraphs and which have been recapitulated at the close of each chapter. Most of them may be included in the statement that greater cen- tralization and correlation of functions are needed. 57 Laws 1892, ch. 329. 58 Code 1912, art. Ixxxv. 148 STATE ADMINISTRATION IN MARYLAND [6l8 We have seen that in public education the system of primary and high schools has been fairly well organized under the control of a state board ; that in lower education the need is for greater uniformity and standardization in the prescribing of courses of instruction and especially in the choosing and regulating of teachers a need of a civil service system which will work justice both to the teachers and to the State; and further, we have seen that in collegiate education there should be some central supervision leading to high and uniform standards. In the field of public health the demand is for greater central power that will enable the very efficient State Board of Health to enforce local sanitation and better to control the local health officers. In that branch of the state government which deals with public charities the deficiencies are great. Maryland has pursued a policy of haphazard benevolence, appropriating for the benefit of private and special interests as well as for public general ones. She has a board of charities which, in spite of efficiency in its sphere, is limited in its powers. We can now see, however, indications of a tendency to adopt the only proper policy that of cutting off private and special interests from state aid, and of granting assistance only to state institutions and organizations. And for the proper conducting of this policy there should be a board of state aid and charities which will be not merely advisory, but supervisory. The treatment of the insane by the State embodies the best principles that the State has yet put into practice. Here it has been undertaken to make the care of all indigent insane persons a state matter, state insane hospitals in charge of trained physicians having been established and a Lunacy Commission composed of experts having been created. The plan of state care, so well begun, should be made complete. The page which Maryland has written in the story of the treatment of criminals has been black. Recent investiga- tions, bringing to light, as they have, cruelty, filth, and cor- 619] GENERAL ECONOMIC WELFARE 149 ruption in its correctional organization, will undoubtedly lead to striking reforms. And these reforms will be based on modern ideas of reformative rather than punitive justice. Proper sanitation and medical treatment will be established. Corruption among officers and convicts will be eliminated, it is hoped. Unnecessarily cruel punishments will be abolished. First offenders will be kept from hardened criminals and their evil influences. The unjust system of contract labor will be done away with, and convicts will be given more healthful occupation in the open air, on farms, or perhaps on the roads of the State. The indeterminate sentence and a special board of pardon and parole will perhaps be established. It may even be that an honor system will be tried, now that other States, as for instance, Colo- rado, have demonstrated its practicability. The entire sys- tem, instead of being divided among separate and inde- pendent boards and chiefs liable to corruption, should be united under one central and enlightened board. Again, in the field of finance, or more properly in one of its large divisions, that of taxation, the need is for central- ization. There has been injustice and inequality in the levy- ing and collecting of taxes throughout the State. From these conditions of distintegration has arisen the demand for a central board of assessment and equalization that would correct the evils and make taxation more uniform and equable. Finally, throughout many of the various minor branches of administration there is seen the need of centralization. Numerous offices now carrying on identical or similar work should be combined. However, centralization and integration are not to be con- fused. It is true they are very closely related and usually go hand in hand ; yet they are distinct. We may even find a considerable amount of centralization in a government, and at the same time an inconsiderable amount of integra- tion. In fact, this is true of Maryland administration when viewed as a whole. Many departments lack central power, I5O STATE ADMINISTRATION IN MARYLAND [62O but in their relation to the governor are fairly well "cen- tralized " in the sense that their chief officers are appointed by the governor. Nor does the governor lack greatly in power of removal. One difficulty is that in a number of cases an officer is appointed by the governor but is respon- sible to the General Assembly; in fact, in many instances where reports are made to the governor they must be trans- mitted to the General Assembly, and the governor's part tends to become only nominal. This need of integration implies putting branches of a department in closer connection with each other as well as with the department, and placing the departments them- selves in closer relation ; in other words, it is a need of co- operation. And along with this goes the need of standard- ization, as, for instance, in the schools. This need of integration of the departments suggests some system modelled more or less after the plan of the British Ministry. The advantages gained by such a correlation of departments would be numerous. If heads of departments were permitted to take part in legislative discussion, the present necessity of lobbying would be obviated. Further- more and this is important if some budget plan were adopted, the present disconnected, haphazard system of ap- propriation would be greatly improved. The need of trained experts cannot be overemphasized. They are already found in many administrative depart- ments, but their proportion should be increased. They need not necessarily fill purely advisory positions; these may be occupied by men of general ability who can dictate wise policies and at the same time keep in touch with the public. But the actual work itself should be carried on by experts who would not submit to the vicissitudes of politics, men who are given good remuneration and long tenure. The whole system should be conducted very much as is a great railway, with a board of directors of supervisory capacity, but with workers trained each in his own special branch. Recent writers have commented approvingly upon the 62l] GENERAL ECONOMIC WELFARE 1 51 increasing power of the governor in certain of our States. 59 President Lowell attributes this changed condition to the growing distrust of the American legislature, and points out that it takes place partly through statutory enactment and partly through public sentiment. 60 Governor Hughes says, " It is out of the conflict of competing interests or districts that the executive emerges as a representative of the people as a whole." 61 And in no other field is the governor's in- creasing importance more striking than in that of admin- istration. His powers in Maryland administration are already very great, especially in the matter of appointments, but his actual supervision should be increased. We may summarize Maryland administration needs as follows : gubernatorial supervision; intra-departmental as well as inter-departmental centralization; integration; and stand- ardization of services. 59 See J. M. Mathews, " The New Role of the Governor," in Amer- ican Political Science Review, May, 1912. 60 Public Opinion and Popular Government, Chapter X. 61 J. A. Fairlie, " The State Governor," in Michigan Law Review, March, April, 1912. INDEX Academic Fund, 37. Administration defined, n. Agricultural courses in schools, 25. Agricultural Experiment Station, 31, 34, 131. Almshouses, 59. Appeal tax court (Baltimore City), 90 ff. Arbitration of labor disputes, 144- Architect, state, 100. Assistant county superintendents of education, 18. Auditor, state, 93 ff. Bacteriology, Bureau of, 47. Baltimore Medical College, 29. Banking institutions, 94 ff. Blind, 21, 33. Blue Ridge College, 30. Boards of health, local, 48 ff. Centralization of administration, 147 ff. Cerebro - Spinal - Meningitis in Horses Commission, 128. Certificates to teach, 16, 18, 19. Charities, 59 ff . Charlotte Hall School, 27. Chemistry, Bureau of, 47- Child labor regulation, 144 ff. Civil service for teachers, pro- posed, 23. Clerks of courts, 90. Colored Normal Schools, 27. Colored schools, 22. Communicable Diseases, Bureau of, 46. Comptroller of the treasury, 12, 80 ff. Conservation Bureau, State, 140. Consolidation of offices, 101. Continuing appropriations, 101. Corporations, 92 ff . Corrections, 75 ff. Correlation of state functions, 147 ff- County examiner for schools, 18. County health officers, 44 ff. County superintendent of educa- tion, 15, 17 ff. Crownsville State Hospital, 74. Deaf and dumb, 21, 33. Debts. See Investments and debts. District school trustees, 18 ff. Eastern Shore State Hospital, 74- Economies, proposed, in state administration, 100 ff. Education, 14 ff. Education, State Board of, 14 ff. Electrical efficiency standard, 108. Employment agency, 143. Entomologist, state, 133. Experts in state departments, 150. False billing, rating, and weigh- ing, 108. Farmers' institutes, 33. Fee system, 06. Feed stuffs inspection, 135. Fertilizer inspection, 134. Fire inspection, no. Fishery Force, State, 121 ff. Fishing licenses, 121. Food. See Pure food and drugs. Forest reserve fund, 140. Forest wardens, 139. Forester, state, 138. Game, iigff. Gas pressure standard, 108. Geological Survey, I36ff. Governor, powers of, n ff., IS 1 - 153 154 INDEX [62 4 Haitian oyster law, 123 ff. High schools, 24 ff. Highway Loan, Public, 114. Hog cholera laboratory, 135. Home and Infirmary of Western Maryland, 63. Homeopathic Society, State, 41. Horticultural inspection, 132 ff. Hospital for Negro Insane, 74. House of Correction, 76. House of Reformation, 75. House of Refuge, 75. House of the Good Shepherd, 75. Immigration, 141 ff. Industrial Home for Colored Girls, 75. Industrial schools, 25. Industrial statistics, 143. Infectious diseases, control of, 49- Insane, 69 ff. Insurance companies, 96. Investments and debts of coun- ties, 86. Investments and debts of State, 87 ff. Johns Hopkins University, 29, Land office, 112; commissioners of, 90. Law Examiners, State Board of, 112. Library Commission, Maryland Public, 34. Licensing of physicians, 41 ; of trades, in; of motor vehicles, 118; of motor vehicle opera- tors, 118; for fishing, 121. Live Stock Sanitary Board, 126. Long and short haul, 108. Lunacy Commission, 71, 72 ff. Manual training, 25. Maryland Agricultural College, 29, 3i, 131 ff- Maryland Asylum and Training School for the Feeble Minded, 74- Maryland Hospital for the In- sane, 74. Maryland Institute for the Deaf and Dumb, 33. Maryland Institute (School of Art and Design), 28. Maryland School for Boys, 28. Measurers and inspectors of oysters, general, 122. Medical and Chirurgical Faculty, Maryland State, 41. Mental Hygiene Committee, 72. Meteorologist, state, 147. Midwifery, 52. Milk supply, 127, 128. Miners' Hospital, 63. Motor vehicles, 118. Natural resources, ngff. Needs in charities, 68; in cor- rections, 77 ff. ; in elementary education, 22 ff., 39; in finance, 96 ff. ; in health administra- tion, 54 ff. ; in secondary edu- cation, 28, 39; in taxation and finance, 96, 100, 105. Normal schools, 26. Oyster boats, 121 ; culture, 123 ff. ; war, 125. See also Fish- ery Force, State; Measurers and inspectors ; Shellfish Com- mission. Pathologist, state, 132. Paupers, 60. Penal System Commission, 78. Penitentiary, 76 ff. Penitentiary Penal Commission, Maryland, 77. Pensions for teachers, 20. Principals of normal schools, 14. Private academies, 28. Public schools, commissioners of, in Baltimore City, 22. Public Service Commission, io6ff. Public service companies, 106. Public Works, Board of, 12, 83 ff. Purchasing agency, proposed, IOO. Pure food and drugs, 53 ff. Rate filing and publishing, 108. Reciprocity in motor licensing, 118. Reformatories, 75. Registers of wills, 90. 62 5 ] Registrars of vital statistics, 44, 45 ff. Removal of appointees, 12. Reports, 12. Roads, H3ff. Roads Commission, State, 113. St. John's College, 29. St. Mary's Female Seminary, 27. St. Mary's Industrial School, 28. Sanitary Engineering, Bureau of, 47- Schools, public, attendance, 20 ff. ; consolidation of, 17; gifts and donations to, 16; sanita- tion, 18; sites and buildings, 16; tax, 17. Shellfish Commissioners, Board of, 123. Sidepath commissioners, state, 117. Spring Grove State Hospital, 74. Springfield State Hospital, 74. State Aid and Charities, Board of, 25, 28, 32, 60 ff. State Aid Highway Act, 113. State interests in private enter- prises, 98. State library, 35. State Loan of 1912, 115. State loans, 99. State Manual, 147. State Roads Loan, 114. State university, proposed, 32. Stocking of streams with fish, 120. Superintendent of education, state, 15 ff. INDEX 155 Survey of oyster beds and crab bottoms, 124. Tax collectors, 90 ; commis- sioner, 91 ; discounts, 102 ; equalization, 103; machinery, 89; reassessment, 103. Teachers, 19, 23. Teachers' associations, 20. Teachers' institutes, 20. Text-books, 17. Tobacco inspection, 129; ware- houses, 129. Treasurer, state, 12, 80, 82 ff. Trustees of the Poor, 59. Tuberculosis, 51, 64, 66. Tuberculosis commission, 64. Tuberculosis Sanatorium, Mary- land, 65. United States Bureau of Educa- tion, 32. United States Health Depart- ment, survey of Maryland, 57. University of Maryland, 29. Vaccination, 42. Vagrants, 60. Veterinary inspection, 127. Vital Statistics, Bureau of, 45 ff. Vital statistics, registrars of, 44, 43 & Washington College, 19, 29, 30. Weather Service, State, 146. Weights and measures, 146. Western Maryland College, 29, 31. Wharfage, 146. Johns Hopkins University Studies in Historical and Political Science The University Studies will continue to publish, as heretofore, the results of recent investigations in History, Political Economy, and Political Science. The titles given below are now announced ; other numbers will follow from time to time. The Organizability of Labor. By WILLIAM O. WEYFORTH, Jr. Party Organization and Machinery in Michigan since 1890. By ARTHUR C. MILLSPATJGH. The Virginia Committee System and the Revolution. By J. MILLER LEAKE. The Japanese Judiciary. By T. YOKOYAMA. The Arbitral Determination of Railway Wages. By J.- NOBLE STOCKETT, Jr. Unemployment and American Trade Unions. By DAVID P. SMELBER, Jr. Sumptuary Legislation in Niirnberg at the Period of the Reformation. By K. ROBERTS GREENFIELD. French Protestantism on the Eve of the Religious Wars, 1559-1562. By C. GUYER KELLY. The National Debt of Japan. By S. KITASAWA. The Standard of Living in Japan. By K. MORIMOTO. The cost of subscription for the regular annual series, comprising about 600 pages, is $3.00. Single numbers, or special monographs, at special prices. Complete contents of previous volumes given on pages ix-xm. i STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY RECENT NUMBERS VOLUME LXVI, 1915. 655 pp. Price, cloth, $4.50. 1. [158] The Recognition Policy of the United States. By JULIUS GOEBEL, JR., Ph.D. Price, $2.00. 2. [159] Railway Problems in China. By CHIH Hsu, Ph.D. Price, $1.50. 3. [160] The Boxer Rebellion. By PAUL H. CLEMENTS, Ph.D. Price, $2.00. VOLUME LXVH, 1916. 538 pp. Price, cloth, $4.00. 1. [161] *Russian Sociology. By JULIUS F. HECKER, Ph.D. Price, $2.50. 2. [162] State Regulation of Railroads in the South. By MAXWELL FERGUSON, A.M., LL.B. Price, $1.75. VOLUME LXVm, 1916. 518 pp. Price, cloth, $4.50. [163] The Origins of the Islamic State. By PHILIP K. Him, Ph.D. Price, $4.00. VOLUME LXIX, 1916. 489 pp. Price, cloth, $4.00. 1. [164] Railway Monopoly and Rate Regulation. By ROBERT J. MCFALL, Ph.D. Price, $2.00. 2. [165] The Butter Industry in the United States. By EDWARD WIEST, Ph.D. Price, $2.00. VOLUME LXX, 1916. 540 pp. Price, cloth, $4.50. [166] Mohammedan Theories of Finance. By NICOLAS P. AGHNIDES, Ph.D. Price, $4.00. VOLUME LXXI, 1916. 476 pp. Price, cloth, $4.00. 1. [167] The Commerce of Louisiana during the French Regime, 1699-1763. By N. M. MILLER SURREY, Ph.D. Price $3.50. VOLUME LXXH, 1916. 542 pp. Price, cloth, $4.50. 1. [168] American Men of Letters: Their Nature and Nurture. By EDWIN LEAVITT CLARKE, Ph.D. Price, $1.50. 2. [169] The Tariff Problem in China. By CHIN CHU, Ph.D. Price, $1.50. 3. [170] The Marketing of Perishable Food Products. By A. B. ADAMS, A.M. Price, $1.50. VOLUME LXXIII, 1916. 616 pp. Price, cloth, $4.50. 1. [171] The Social and Economic Aspects of the Chartist Movement. By FRANK F. ROSENBLATT, Ph.D. Price, $2.00. 2. [172] The Decline of the Chartist Movement. By PRESTON WILLIAM SLOSSON, Ph.D. Price, $2.00. 3. [173] Chartism and the Churches. By H. U. FAULKNER, Ph.D. Price. $1.25. VOLUME LXXIV, 1916. 1. [174] The Rise of Ecclesiastical Control in Quebec. By WALTER A. RIDDELL, Ph.D. Price, $i.7S- 2. [175] Political Opinion in Massachusetts during Civil War and Reconstruction. By EDITH ELLEN WARE. (In press) The price for each volume is for the set of monographs in paper. Each volume, as well as the separate monographs marked *, can be supplied in cloth-bound copies for fifty cents additional. All prices are net The set of seventy-three volumes, comprising monographs 1-173 is offered bound for $246, except that Vol. II can be supplied only in part and hi paper covers, No. 1 of that volume being out of print. Volumes, III, IV and XXV can now be supplied only in connection with complete sets. For further information apply to Prof. EDWIN R. A. SELIGMAN, Columbia University, or to MESSRS. LONGMANS, GREEN & CO., New York. London: P. S. KING & SON, Ltd., Orchard House, Westminster. ii ECONOMIC PROBLEMS of unusual depth and gravity face the men and women of today. No life is so remote that it may evade thoughtful consideration of them. Books that deal fairly and frankly with these problems are the safest guide to wise solution. Readings in Social Problems $2.80 Edited by ALBERT B. WOLFE, University of Texas. 804 pages. Every student of human affairs will find in this volume that which challenges his interest, deepens his knowledge, and aids and compels a study of basic social problems of vital significance today. The book offers serious and stimulating reading for general readers or students in survey courses in economics and sociology. The discussions, critical but non- technical, take up problems of population, immigration, the woman move- ment in its many aspects, the family, and the race problem, and represents widely varying viewpoints. Other Volumes in Selections and Documents in Economics Selected Readings in Economics $2.25 Edited by CHARLES J. BULLOCK, Harvard University Selected Readings in Public Finance $2.25 Edited by CHARLES J. BULLOCK, Harvard University Selections from the Economic History of the United States, 1765-1860 $2.75 Edited by GUY STEVENS CALLENDER, Sheffield Scien- tific School, Yale University Selected Readings in Rural Economics $2.80 Edited by THOMAS NIXON CARVER, Harvard University Sociology and Social Progress $2.75 Edited by THOMAS NIXON CARVER Trade Unionism and Labor Problems $2.00 Edited by JOHN R. COMMONS, University of Wisconsin Railway Problems (Revised Edition) $2.50 Edited by WILLIAM Z. RIPLEY, Harvard University Trusts, Pools and Corporations (Revised Edition) $2.75 Edited by WILLIAM Z. RIPLEY GINN AND COMPANY, Publishers Boston New York Chicago London Dallas Atlanta Columbus San Francisco A Few Harvard Books Of Recent Date The Financial History of Boston 395p ag . $2.00 By CHARLES PHILLIPS HUSE, Ph.D., Assistant Professor of Economics and Social Science at Boston University. Back of its financial growth one views the economic and polit- ical development of the city and the action of one force upon another. Tables in the appendix permit a close study of the finances from year to year. The book should appeal to students of municipal finance and government, and to those interested in the history of Boston. Harvard Economic Studies, Volume XV. Government and Citizenship 552 P a 8fS . $2.00 By HONORABLE ELIHU ROOT. A masterly exposition of the principles of the Constitution and of the relation of United States citizens to them. A large pro- portion of the addresses are devoted to legal procedure and are of especial interest to lawyers. Addresses on International Subjects 463 p ages . $2.00 By HONORABLE ELIHU ROOT. These papers on foreign affairs and international relations have already won a considerable reading. They cover the period during which the author was Secretary of War, Secretary of State, and United States Senator. military Organization and Colonial Policy Nearly ready. $2.00 By HONORABLE ELIHU ROOT. A treatment of topics, arising from the Spanish War of 1898, which are perhaps now more widely discussed than when the speeches were originally uttered. Qnoial Artan+afintv A Study in the Development of the Doctrine 2 CA ,,. MAGOFFIN. 50 cents. XI-XII. Beneficiary Features of American Trade Unions. By J. B. KENNEDY. 50 cents. xi TWENTY-SEVENTH SERIES. 1909. 13.50. I-II. The Self-Reconstruction of Maryland, 1864-1867. By W. S. MYEBS. 50 cents. III-IY-V. The Development of the English Law of Conspiracy. By J. W. BBYAM. 75 cents. VI-VII. Legislative and Judicial History of the Fifteenth Amendment. By J. M. MATHEWS. 75 cents ; cloth $1. VIII-XII. England and the French Revolution, 1789-1797. By W. T. LAPRADE. $1. TWENTY-EIGHTH SERIES. 1910. $3.50. (Complete in four numbers.) I. History of Reconstruction in Louisiana (Through 1868). By J. R. FICKLEN. $1.00; cloth $1.25. XI. The Trade Union Label. By E. R. SPEDDEN. 50 cents ; cloth 75 cents. III. The Doctrine of Non-Suability of the State in the United States. By E. SINGB- WALD. 50 cents ; cloth 75 cents. XV. David Ricardo: A Centenary Estimate. By J. H. HOLLANDEB. $1.00; cloth $1.25. TWENTY-NINTH SERIES. 1911. $3.50. (Complete in three numbers.) I. Maryland Under the Commonwealth: A Chronicle of the years 1649-1658. By B. C. STEINER. $1 ; cloth $1.25. II. The Dutch Republic and the American Revolution. By FRIEDRICH EDLEB. $1.50 ; cloth $1.75. III. The Closed Shop in American Trade Unions. By F. T. STOCKTON. $1.00 ; cloth $1.25. THIRTIETH SERIES. 1912. $3.50. (Complete in three numbers.) I. Eecent Administration in Virginia. By F. A. MAGBUDEB. $1.25; cloth $1.50. XI. The Standard Rate in America Trade Unions. By D. A. McCABE. $1.25 ; cloth $1.50. in. Admission to American Trade Unions. By F. E. WOLFE. $1.00 ; cloth $1.25. THIRTY-FIRST SERIES. 1913. $3.50. (Complete In four numbers.) I. The Land System in Maryland, 1720-1765. By CLARENCE P. GOULD. 75 cents; cloth $1.00. II. The Government of American Trade Unions. By T. W. GLOCKBB. $1.00 ; cloth $1.25. III. The Free Negro in Virginia, 1619-1866. By J. H. RUSSELL, $1.00; cloth $1.25. XV. The Quinquennales : An Historical Study. By R. V. D. MAGOFFIN. 60 cents; cloth 75 cents. THIRTY-SECOND SERIES 1914. $3.50. (Complete In three numbers.) X. Jurisdiction In American Building-Trades Unions. By N. R. WHITNEY. $1.00; cloth $1.25. II. Slavery in Missouri, 1804-1865. By H. A. TBEXLEB. $1.25 ; cloth $1.50. ni. Colonial Trade of Maryland. By M. S. MORRISS. $1.00 ; cloth $1.25. THIRTY-THIRD SERIES. 1915. $3.50. (Complete in four numbers.) I. Money and Transportation in Maryland, 1720-1765. By CLARENCE P. GOULD. 75 cents ; cloth $1.00. II. The Financial Administration of the Colony of Virginia. By PEBCY SCOTT FLIPPIN. 50 cents ; cloth 75 cents. III. The Helper and American Trade Unions. By JOHN H. ASHWOBTH. 75 cents ; cloth $1.00. IV. The Constitutional Doctrines of Justice Harlan. By FLOYD BABZILIA CLARK. $1.00 ; cloth $1.25. THIRTY-FOURTH SERIES. 1916 $3.50. (Complete In four numbers.) I. The Boycott in American Trade Unions. By LEO WOLMAN. $1.00 ; cloth, $1.25. II. The Postal Power of Congress. By LINDSAY ROGERS. $1.00 ; cloth, $1.25. III. The Control of Strikes in American Trade Unions. By G. M. JANES. 75 cents ; cloth, $1.00. IV. State Administration in Maryland. By JOHN L. DONALDSON. $1.00 ; cloth, $1.25. The set of thirty-four series of Studies is offered, uniformly bound in cloth, for library use for $118.00 net. The separate volumes may also be had bound in cloth at the prices stated. NOTES SUPPLEMENTARY TO THE STUDIES IN HISTORY AND POLITICS. PRICE OF THESE NOTES, TEN CENTS NEXT BACH, UNLESS OTHERWISE STATED. Municipal Government in England. By ALBBBT SHAW. Social work la Australia and London. By WILLIAM GREY. Encouragement of Higher Education. By H. B. ADAMS. The Problem of City Government. By SETH Low. Work Among the Working-women of Baltimore. By H. B. ADAMS. Charities: The Relation of the State, the City, and the Individual to Modem Philan- thropic Work. By A. G. WAKNBB. Law and History. By WALTER B. SCAIFB. The Needs of Self-Supporting Women. By CLARE DE GRAFFENREID. Early Presbyterianism in Maryland. By J. W. MclLVAiN. The Educational Aspect of the U. 8. National Museum. By O. T. MASON. University Extension and the University of the Future. By RICHARD G. MOULTON. The Philosophy of Education. By WILLIAM T. HARRIS. Popular Election of U. 8. Senators. By JOHN HAYNBS. A Memorial of Lucius 8. Merrlam. By J. H. HOLLANDEB and others. Is History Past Politics 1 By HERBERT B. ADAMS. Lay Sermons. By AMOS G. WARNER; with a biographical sketch by GEORGE B. How AID. Price twenty-five cents. xii DATE DUE PRINTEDINU.S.A. < REGIONAL tg Q43 5