ff li if m. i3^s:E mm JSducat^ ^^ I 1 A* F. Lange Education Department THE NEW CIVICS THE ASHLEY BOOKS ON THE NEW SOCIAL SCIENCE FOR SECONDARY SCHOOLS EARLY EUROPEAN CIVILIZATION 715 pages MODERN EUROPEAN CIVILIZATION 710 pages AMERICAN HISTORY (Revised) 580 pages THE NEW CIVICS 420 pages <: -" c w 2'e ^ .« «j 3 o O -5 ^ Km r ■> -S '5b W B «i W) «^ Sis < a^ S -I ri !•■§ PQ g g I— 'Ij 4i ^|i W 8 S O i! 'O THE NEW CIVICS A TEXTBOOK FOR SECONDARY SCHOOLS BY ROSCOE LEWIS ASHLEY AUTHOR OF "THE AMERICAN FEDERAL STATE" "government and THE CITIZEN" "AMERICAN GOVERNMENT," ETC. Neto gork THE MACMILLAN COMPANY 1921 All rights reserved - ^*fr::':- Copyright, 1917, 1921, By the MACMILLAN COMPANY. Set up and electrotyped. Published April, 1917. Revised January, 1921. 16 t(^UoC6uZr?n L NortoDoti ^rega J. S. Gushing Co. — Berwick & Smith Co. Norwood, Mass., U.S.A. PREFACE This book deals with American citizens in their collective relations to one another. It treats also a few important individual relations which are of such importance socially that they are really public in character. It is easy to see why a high school textbook in civics should place emphasis, "first upon the citizen and citizenship, secondly, upon the "public" as an organized group of citizens, and thirdly, on the activities of the governments which the citizens have created and through whicli the public cares for many of its collective interests. Practically all of this material has been tried out in classes by the author and others and has been / revised to meet high school needs as perfectly as possible. » This book is really an introduction to the study of the new civics. The civics which is studied to-day is naturally differ- ent from that of a generation ago, and from that of a decade ago. The form and functions of many American governments have changed in the last quarter century ; the spirit of Ameri- can government has changed even more. The greatest change has been, not in the government itself, but in the purpose and aim of high school courses in civics. Once we were content to examine constitutions. Next, we added an elaborate study of the organization of our governments. Still later, we emphasized the activities of government as more important than constitutions and governmental ma^^ chinery. Now, we stress citizenship, because the youthfuM citizen should know how society is organized and what he I should do for society as well as what it does for him, as a 3 citizen and a member of that society. \ In the author's opinion the new civfS is and should be the heart of the new high school course in the social sciences. Y VI PREFACE The field of this new civics might seem at first glance to lack definite boundaries. The more one studies it, however, the more one is impressed with the simplicity yet complete- ness of the subject. Naturally public organization and activities occupy a broader field than governmental organi- zation and activities, in just about the same way and to the same degree that governmental organization and activities (as subjects for study) are bigger, better, and more valuable ^han formal constitutions and governmental machinery Naturally also one would not think of presenting to fligh school students a completely analyzed treatment of this subject or any other. That would be too formal ; the pupil should study it from his ownpoint of view^as an individual citiLen. ' ' The study of civics should give the student some idea of his place as a mejjLber of society and therefore of his rights J and duiies as a citizen. It should train his judgment and develop his ability to discuss civi£^oblems, yet it should emphasize continually the important fact that he is not solving these problems but is simply trying to weigh argu- ments and projg^sed solutions. Last and most important of all, it should make him a more intelligent, a more efficient, and there^re a better citizen. The aumor's thanks are due to many teachers, especially to his colleague. Miss Winnefred Millspaugh, who has made use of much of this material in her civics classes, to Mr. Harold N. Greenwood, Head of the History Department of the Jefferson High School, Los Angeles, California, and to Miss Margaret S. Carhart, formerly of the faculty of the University of Colorado. Pasadena, Cal., January, 191 7. CONTENTS PART I THE CITIZEN AND SOCIETY CHAPTER I CITIZENSHIP ECTION Some Essentials of Citizenship 1. Definition of American Citizenship 2. Individual Needs and Civic Relationships 3. Individual Needs and Public Needs 4. How Political Organizations grow out of Public Needs 5. Other Civic Organizations that grow out of Needs . 6. Civic Organizations and Civic Relationships . Some Rights of American Citizenship 7. One-sided or Two-sided Relationships 8 8. Childhood Rights to Life and Health 9 9. The Rights to Favorable Surroundings 10 10. Why Rights are protected by Negative Means . . .11 11. Some Rights that we have in dealing with Other Individuals . 12 12. Rights under our Governments 12 13. Rights against the Governments 13 14. Summary of Rights 14 15. Individual Liberty and Social Progress 14 Some Civic Obligations 16. The Connection between Interests and both Rights and Obligations 15 17. Some Primary Civic Duties 15 18. Some Other Public Obligations 16 19. Duties to Other Individuals . . . . . . . 17 20. Social Criminals 18 vii • •• vm CONTENTS CHAPTER II THE EDUCATION OF THE CITIZEN section page Home and Schooj. 21. Beginnings of Civic Training in the Home . . . .21 22. What Kind of Education does a Citizen need ? . . .22 23. Self-education as the Only True Education .... 23 24. Why Public Education must be not only Free but Universal . 24 Preparation for Life and Citizenship 25. Training in Citizenship in the School 25 26. Degrees of Self-government in Different Schools ... 26 27. The Honor System 27 28. The Citizen in Business 28 Foundations and Effects of Good Citizenship 29. Character as the Basis of Citizenship 30 30. Knowledge and Ability 31 31. Civic Duty 32 32. Patriotism and Peace 33 CHAPTER III THE AMERICAN NATION Geographical Elements 33. Different Conditions in the Geographical Areas of the United States 37 34. Commercial Areas 38 35. Industrial Areas . . 38 36. Agricultural Areas 39 37. Minerals and Water Power . . . . . . .41 38. Geography and the Future of the American People . . 41 The People of the United States 39. Population, Past and Present 40. Distribution of Population Geographically 41. Distribution of Population Industrially . 42. Distribution of Population by Races 43. Original Racial Elements . 44. Early Nineteenth Century Immigration 45. Recent Immigration .... 42 43 44 44 45 47 48 CONTENTS IX SECTION PAGE Racial Probixms 46. Economic Effects of Immigration 49 47. Some Social Effects of Immigration 50 48. Restriction of Immigration 50 49. Immigration and Homogeneity 52 CHAPTER IV CIVIC ORGANIZAIION Social Organization 50. Rudimentary and Complex Organizations .... 56 51. Social Development through. Individual and Collective De- velopment 57 52. The Character of Social Organization 58 53. Forms of Association 58 54. Customs 59 55. Institutions 59 56. Limitations in the Development of Institutions ... 60 57. Limitations to the Development of High School Institutions 61 58. Social Control 62 59. Nationality and Democracy 63 Political Organization 60. The State 61. The Proper Scope of Governmental Duties ^2. The Need of National, State, and Local Government 63. Our National and State Constitutions 64. Representative Government through Political Parties 65. The Departments of Government 66. Our Federal System of Government 67. Characteristics of American Government. A Summary 63 64 65 66 67 68 69 70 Economic Organization and Activities 68. Some Fundamental Economic Processes .... 70 69. Some Characteristics of the Economic Order To-day . . 71 70. Private Property and Contract 72 71. Division of Labor and Large-scale Industry . • • 73 72. Cooperation and Markets . . . . . . .74 73. Competition and Monopoly 74 74. Production and Distribution 75 75. Civic Organization and the Citizen 76 CONTENTS CHAPTER V THE AMERICAN HOME AND FAMILY SECTION PAGE The Importance of the American Home 76. The Family as the Sole Social Unit 79 77. Marriage in the Past . .80 78. Society and Marriage Laws 81 79. The Individual American and Marriage . . . .81 Permanence of the Family 80. Divorce in the Past .82 81. Changing Conditions which lead to Divorce .... 83 82. Divorce in the United States 84 83. Remedies for the Divorce Evil • 85 The Household as an Economic Unit 84. Economic Position of the Family 86 85. Size of American Families 87 86. Family Income ; 88 87. Expenditure of Family Income 88 88. Standards of Living 89 89. Financial Problems of Industrial Victims .... 90 90. Women and the Future Home 92 PART II GOVERNMENT AND THE CITIZEN CHAPTER VI SUFFRAGE AND ELECTIONS 91. Popular Cooperation in Government 97 Nominations for Elective Office 92. History of Nominations 98 93. Primary Elections . 99 94. Importance of the Direct Primary loi 95. A National Nominating Convention 10 1 96. The People and the Parties in Nominations .... 105 CONTENTS XI SECTION PAGE Elections 97. Political Campaigns 105 98. Holding an Election 106 99. The Short Ballot 107 100. Who May Vote . 108 loi. Woman Suffrage 109 102. Problems of Elections . no 103. Efforts made to guard the Purity of Elections . . .111 104. Responsibility and Removal of Elected Ofl&cials . . .112 CHAPTER VII OTHER MEANS OF POPULAR CONTROL The Work of the Political Parties 105. The Importance of Party Activities 115 106. The Permanent Party Committees 116 107. The Work of the Party Committees 116 108. The Parties and Public Office 117 109. Bosses and Rings 118 no. The Voter and Political Parties 119 The Appointment of Public Officials 111. Appointments and Removals 120 112. The Spoils System 121 113. Development of Civil Service Reform 122 114. Civil Service at Present . , . .. . .122 115. The Problem of Civil Service, Public Control, and Good Government 123 The Initiative, Referendum, and Recall 116. Direct Legislation ; the Initiative 125 117. The Referendum 126 118. Use of Direct Legislation 127 119. Advantages of Direct Legislation 128 120. Defects of Direct Legislation 128 121. The Recall 129 CHAPTER VIII CIVIL LIBERTY AND PUBLIC WELFARE 122. Individual Rights and Social Progress . . . .133 XU CONTENTS SECTION PAGE Our American Bills of Rights 123. Constitutional Protection through Bills of Rights . . 134 124. Freedom of Speech, Press, and Petition .... 135 125. Freedom of Thought ........ 136 126. Constitutional Rights of a Person Accused of Crime . .137 Safeguarding of Modern Social Rights 127. Freedom of Action 138 128. Rights of Workers and of Women 139 129. Safeguarding of Savings and Homesteads .... 140 130. Protection of Health and Life ...... 141 131. The New Social Constitution 142 Administration of Justice 132. Our System of Courts 143 133. Use of the Jury System 144 134. Advantages of Jury Trial 145 135. Disadvantages of Jury Trial 145 136. Failures in the Administration of American Justice . . 146 137. The Necessity for an Upright Judiciary iii a Republic . . 147 Punishment of Offenders 138. Enforcement of Law 14S 139. Punishment of Adult Criminals 149 140. Prison Reform 150 141. Reform Schools 151 142. Juvenile Courts 152 CHAPTER IX PUBLIC FINANCE General Considerations 143. The Financial Needs of Our Governments . 144. Private Property as a Social Institution 145. Protection and Taxation of Private Property 146. Taking Private Property for Public Use 147. Characteristics of a Good Tax 157 159 160 161 162 National Taxes 148. Financial Powers of Congress under the Constitution . .163 149. Duties on Imported Goods 163 150. Internal Revenue . . . . 164 :fer CONTENTS xiii SECTION PAGE 151. Income Taxes 165 152. Miscellaneous National Taxes 166 153. The Management of National Finances . . . .167 State and Local Taxation 154. The General Property Tax 168 155. Corporation Taxes 169 156. Inheritance Taxes 170 157. Other Forms of State and Local Revenue . . . .170 CHAPTER X CITY GOVERNMENT 158. The Remarkable Growth of Our Cities . . . .174 Organization 159. The Municipal Charter . . . , 160. Three Types of City Government at Present 161. The City Council 162. The Mayor 163. Commission Government 164. Merits of Commission Government 165. The City Manager 175 176 176 177 178 179 179 General Problems of City Government 166. The Problem of Functions 180 167. Administrative Departments 181 168. Municipal Elections . .182 169. Municipal Finances 183 Welfare Problems 170. The Housing Problem 184 171. Fire Protection . . 186 172. City Planning . 186 173. City Parks 188 174. Municipal Playgrounds 189 175. Failures of American Cities 190 176. Municipal Reform 191 Municipal Public Utilities 177. The Problem 191 178. Conditions Affecting the Problem 192 179. The Question of Franchises 193 Xiv CONTENTS SECTION PAGB i8o. The Water Supply 194 181. Gas and Electricity 195 182. Transportation Facilities . . . . . . .195 183. Telephone Service 197 184. Municipal Ownership vs. Private Ownership . . . 197 CHAPTER XI STATE AND COUNTY GOVERNMENT County and Town Government 185. Local Government in the United States .... 203 186. Counties and County Boards 204 187. Other County Officials ' . . 205 188. The American Township 206 189. Work of Rural Local Government 207 The State Legislature 190. Importance of the Legislature 208 191. Organization of the State Legislature 209 192. The Process of Lawmaking 209 193. Limitations on the Legislature 210 194. Observations on the State Legislature 210 State Administration and Courts 195. The State Governor 211 196. Powers of the Governor . . . . . .213 197. Organization of the State Administration . . . .214 198. The State Courts 215 Fundamental Laws and Sphere of Activity 199. Sphere of State Action 200. Classes of Duties performed by the States . 201. Uniformity and Diversity in State Legislation 202. Character of a State Constitution 203. Adoption and Amendment of a State Constitution 204. Contents of Our State Constitutions 216 217 218 219 220 221 CHAPTER XII THE NATIONAL CONSTITUTION Historical Development 205. Early American Unions . . . . . . .224 206. The Confederation . . . . . . . .225 CONTENTS XV SECTIOK PAGE 207. The Constitutional Convention 226 208. Work of the Convention 227 209. Adoption of the Constitution 228 The Constitutional Amendments 210. Need of Amendment 229 211. The National Bill of Rights 229 212. The War Amendments 230 213. Recent Amendments 231 The Written and Unwritten Constitutions 214. What the Unwritten Constitution is Like .... 232 215. Powers of Congress ........ 233 216. The Presidency 234 217. The National Courts 235 The Nation and the States 218. Classes of Governmental Powers 236 219. Interdependence of the National and State Governments . 236 220. Relation of the State and National Constitutions . .237 221. Unity of Our Federal System 237 CHAPTER XIII THE NATIONAL GOVERNMENT Congress 222. The American Congress 241 223. Sessions and Organization of Congress .... 242 224. Special Characteristics of the Senate 243 225. Special Characteristics of the House of Representatives . 244 226. The Committee System 245 227. A Bill in the First House 246 228. Later Stages of Lawmaking . . . . . . 248 The President 229. The President's Position 249 230. Election of the President 250 £31. Presidential Term and Succession 251 232. General Powers of the President 252 233. The Power of Appointment 254 The Executive Departments 234. The President's Cabinet 255 235. The Heads of the Executive Departments .... 256 XVI CONTENTS SECTION PAGB 236. The Original Departments 257 237. Departments Added during the Early Years of the Republic 258 238. Recently Organized Departments 259 The National Judiciary 239. The Work of the Judicial Department .... 260 240. National Courts : Judges and Jurisdiction . . . .261 241. The Separate Courts 26* PART III SOME PUBLIC ACTIVITIES CHAPTER XIV PUBLIC HEALTH AND WELFARE Education 242. The Public Schools and Our Republic . . . . . 269 243. The State System of Education 270 244. State Colleges and Universities 270 245. Grammar and High Schools 272 246. School Finances 273 247. Wider Uses of the School Plant 274 248. Public Libraries . 275 Public Charities 249. Causes of Poverty . . 277 250. The Problem of Charity 278 251. Care of Dependent Children 279 252. Care of the Insane 280 253. Indoor and Outdoor Relief . . . . • • .281 254. Other Forms of Charity . 282 Health and General Welfare 255. Conservation of Human Life 283 256. General Health Regulations 284 257. Disposal of Waste 284 258. Pure Milk and Meats 285 259. Pure Food Laws 286 260. Control of the Liquor Business 286 CONTENTS rvii CHAPTER XV LABOR AND INDUSTRY SECTION PAGE 261. The Laborer, His Labor, and His Wage . . . . 291 Woman and Child Labor 262. Extent' and Effects of Child Labor 293 263. Public Regulation of Child Labor . . . . . 294 264. Women as Wage Earners 295 265. Conditions and Hours of Woman's Labor .... 296 266. Minimum Wage Regulations 297 Employer, Employee, and the Public 267. Industrial Accidents 298 268. Employer's Liability 298 269. Workmen's Compensation . 299 270. The Problem of Unemployment 300 271. Some Aspects of Industrial Warfare 302 272. Conciliation and Arbitration . . . . . . 303 The Promotion of Industry 273. Government in Its Relation to Business .... 305 274. Protection and Organization of Industry .... 306 275. Successive Forms of Business Combination .... 307 276. Advantages and Evils of Combination 308 The Control of Industry 277. The Problem of Corporation Control 309 278. State Anti-trust Laws 310 279. The Sherman Anti- trust Law of 1890 311 280. Recent Application of the Sherman Anti- trust Act . . 312 281. The Clayton Act . . . . . . . . .313 282. The Federal Trade Commission ...... 313 CHAPTER XVI COMMERCE The Government and Commercial Development 283. History of Means of Communication in America . . .318 284. Public Highways 319 285. Governmental Aid to Inland Commerce . * . .321 XVlU CONTENTS SECTION PAGB 286. Consolidation of Railways 321 287. Railway Problems and the Public 322 Control of Railways 288. State Control of Railways 324 289. The First Interstate Commerce Commission . . .325 290. The Present Interstate Commerce Commission . , . 326 291. Relation of Interstate Commerce to State and Foreign Trade 327 Foreign Commerce 292. The Government and Foreign Commerce .... 328 293. The Promotion of Our Foreign Commerce .... 329 294. Protection of American Shipping 330 295. The Consular Service 331 296. Our American Tariffs 332 CHAPTER XVII OTHER BUSINESS ACTIVITIES 297. Interrelation of Modern Government and Business . . 336 Money and Banking 298. Money Standards 336 299. History of the American Coinage 338 300. Our National Banking System 339 301. The Federal Reserve System . . . . • . . 340 302. Wages and Prices 342 Miscellaneous Activities 303. The Post Office 344 304. Newer Postal Work 345 305. Government and Agricultural Development . . . 346 306. Development and Improvement of Our Food Supply . . 348 307. Protection against Storms and Floods 349 308. Indian Affairs 350 CHAPTER XVIII TERRITORIES AND PUBLIC LANDS Government of Territories 309. The National Government and National Territories . . 353 310. Congressional Control of Colonies 354 311. Government of the Philippines and Porto Rico . . -354 CONTENTS XIX SECTION ' PAGE 312. Government of Organized Territories . . . . .355 313. The Admission of New States 356 Our Policy Regarding Agricultural Lands 314. Public Land Policy in the Past 357 315. Agricultural and Grazing Lands 358 316. The Irrigation Law of 1902 259 317. Significance of Agricultural Land Policy .... 360 Conservation 318. Our Forest Policy 319. Water Conservation and Water Power 320. Inland Waterways . . 321. Coal and Other Minerals 322. The Past and the Future 361 362 363 364 365 CHAPTER XIX FOREIGN RELATIONS Diplomatic Relations and Problems 323. International Relations in General 367 324. American Influence on World Peace 367 325. The Monroe Doctrine 368 326. The Making of Treaties 370 National Defense 327. The Need of Preparedness 371 328. The Army 372 329. The Militia 373 330. Naval Defense 373 331. Coast Defense 376 332. Pension Legislation . . 376 333. The Problem of Military Preparedness . . . .377 334. Real Preparedness . . . . , . . .378 APPENDIX A. The Constitution of the United States .... 383 B. Area and Population of the States . . . . . 401 C. Summaries on Citizenship and Government . . . 402 D. Civic Problems 404 Index , . 409 LIST OF ILLUSTRATIONS Horace Mann Building, Pasadena High School . . Frontispiece PAGE Main Waiting Room, Ellis Island, New York .... 2 Conditions in which Some Children Live 11 Practical Work in the High School of Practical Arts, Boston, Mass. 23 Boys' Court in the George Junior Republic, Freeville, New York . 25 A Large Water Power Plant 41 Examining the Eyes of Immigrants 51 The Minnesota State Capitol 68 The New Financial Center of the World 73 Chamber of Commerce of the United States .... 75 A MetropoHtan Apartment House 79 Biennial Convention, General Federation of Women's Clubs . 92 The Capitol at Washington from the Northeast .... 96 Republican National Convention (1916), Chicago . . . 102 The Democratic National Convention (1916), St. Louis . . 103 Censorship of an American Magazine in Russia . . . • i3S Entertaining the Inmates of Sing Sing Prison . . . .151 The Reformatory, Anamosa, Iowa . . . . . .152 Custom House, Galveston, Texas 164 City Hall, San Francisco, California 177 Congestion in Tenement District, Lower New York . . .184 A Model Tenement, Lower East Side, New York City . . .185 Proposed Civic Center, Cleveland, Ohio 187 Revere Beach (Municipal) Park and Bath Houses, Boston . .188 A School Playground, Chicago, 111. 189 Municipal Railway Car, Seattle 196 A Jitney Bus 196 Kiosks on Common, Boston (Municipal) Subway . . . 198 New Haven County Court House, New Haven, Conn. . . 204 Executive Office, Pennsylvania State Capitol . . . 212-213 The Sixteenth Amendment 231 House of Representatives in Session 245 Form of a Law 247 Inauguration of President Roosevelt (1905) . <. o . . 250 xxi 3011 LIST OF ILLUSTRATIONS PAGE The White House and the Executive Offices 251 President Wilson Addressing Congress on Submarine Controversy 253 President Wilson's Cabinet (1916) 256 The Supreme Court of the United States (191 7) .... 261 The War Resolution that Brought us into the Great War . . 266 The Student Building, University of Indiana .... 268 Morgan Hall, University of Alabama 268 Administration Building, University of Nebraska .... 268 Court of Normal School, Newark, N. J. 271 Grover Cleveland High School, St. Louis, Mo 272 Gramercy Neighborhood Association, New York City . . .274 Public Library, Springfield, Mass. 276 Mailing Room of the Wisconsin Traveling Library . . .277 Scene in a City Dispensary . . . . , . . . 282 The Eighteenth Amendment 287 Child Labor formerly in Use in a Cotton Mill .... 294 A Huge Modern Industrial Plant 306 The Federal Trade Commission 314 A Georgia Highway 320 Union Station, Washington, D. C. 322 The Interstate Commerce Commission (1916) .... 326 The Mint at Philadelphia 337 Rapid Transportation of Letters by Pneumatic Tube System . 345 Oregon Agricultural College 347 Corn Experimental Work 348 The Roosevelt Dam 359 Scene at the Annapolis Naval Academy 374 The Battleship Nevada 374 Firing a Torpedo from a Destroyer 375 A Coast Defense Battery , . , . . . . . 376 Gathering of Veterans for Gettysburg Reunion (1913) . . . 377 CHARTS AND MAPS PAGE The United States (colored map) Opposite ^y Proposed Harbor Improvement, Jamaica Bay .... 38 Important Industrial Centers 39 Annual Value of Farm Crops, 1909 40 Immigration < . 47 Fofeign White Stock by Principal Countries of Origin, 19 10 . 48 Average Annual Number of Divorces for 100,000 Population . 84 Woman Suffrage in the United States no Initiative and Referendum 127 Expenditures by Governments 157 Main Expenditures (1913), State and Local Governments . . 158 General Sources of State and Local Revenue . . . .168 Use of Libraries in Southern Wisconsin . . . . .276 Federal Reserve Districts . . . 341 Wages and Prices 343 Territorial Growth of the United States (colored map) Between 352-353 National Forests of the Western United States . . , . 362 SUGGESTIONS TO TEACHERS The arrangement of material in "The New Civics" makes possible the use of the book for supplementary work in connection with American history, or for a short course in American government, or for a thorough course in civics. If the book is used simply for supplementary work in a course in American history, the author would suggest that, early in the year, the pupils read Chapters I, II, Sections 60- 67, Chapter VI, Sections 122-126, and Chapter XI. Chapters XII and XIII may be read in connection with the adoption of the Constitution. Supplementary readings should be given in "The New Civics" as frequently as possible in order that the pupils shall have read the whole book before the close of the year. By the use of the Table of Contents the students can then locate any subject which should be sttidied in connection with any topic in history. If possible, two weeks should be saved near the end of the year for a general survey of civics and a review of material which has been examined carefully. Classes which have but a short time for civics and wish to emphasize government should devote their attention first to Chapters I and II, to Sections 60-67, ^-nd to Part II. Many topics of Part II will of necessity be studied carefully. All of the book should be read by all students. As far as possible the topics should be read in the order in which they are pre- sented. Students in these classes will wish to make use of many suggestions given below. In order to understand the new civics, the subject should be studied in its entirety and should really be studied. The XXV XXVI SUGGESTIONS TO TEACHERS author has found that the student best equipped for a study of government and its activities is one who understands the nature of civic relations (Chapter I), geographical and racial conditions in America (Chapter III), and the social and economic organization of to-day (Chapter IV), as well as the political organization. Great interest has been aroused, not only in those features of American government in which the voter and the taxpayer share (Chapters VI-IX), but in those civic interests or activities (Chapters II, V) in which every citizen has a part. Almost as much interest has been shown in the public activities considered in Part III of this book. One or two topics and a few sections in other topics are rather difl&cult. At least they should be read, not omitted, for they will repay study more than any others in the book. ^As suggested in the Preface, no course in civics can be satis- factory which is not vital to the student. He must not only investigate the actual work of government in its many practical phases, but he must understand what rights and obligations he has as a citizen toward the public in connec- tion with any civic organization or activity. For this inves- tigation many of the "Questions" at the ends of the chap- ters can probably be used to advantage. Each pupil ought to do some additional outside work each month, in order to gain skill in discriminating between important and unim- portant facts, in making notes, and in formulating reports. With this end in view the references under the head of "Studies" at the ends of the chapters have been selected carefully from books and magazines that are easily accessible. It will probably be possible, also, for each pupil to prepare a more formal paper or give an extended oral report upon one of the "Topics." Much can be done in the classroom in studying constitu- tions, charters, sample ballots, and newspaper or pamphlet reports of civic activities. These can be obtained practically without expense. If possible, each school should gather a library of this material for permanent reference work. Not SUGGESTIONS TO TEACHERS xxvii only should there be numerous copies of the state constitu- tion and the city charter, but this library might contain sample ballots, legislative bills, the forms used for tax state- ments and receipts, reports of local auditors, and reports of state or city commissioners on public utilities, railways, or other public activities. Interest may be quickened by hold- ing a legislative session at which bills are presented, debated, and brought to a vote. Trials with a judge, jury, attorneys, and witnesses may be possible by a little extra preparation and help from outside if necessary. The following books may be found especially helpful in connection with this text. In selecting books for a large library it is well to have numerous duplicates of the best books as well as a large number of titles. A Small Library Young, The New American Government and Its Work One of the three following : Bryce, American Commonwealth, Vol. I, or abridged edition Hart, Actual Government Ashley, The American Federal State, revised edition Beard, American City Government One of the following : Towne, Social Problems Carlton, History and Problems of Organized Labor A Medium-sized Library All of the books named above and the following : Kaye, Readings in Civil Government Beard, Readings in American Government and Politics Reinsch, Readings on American Federal Government Cleveland, Organized Democracy Reinsch, The American Legislature and Legislative Methods Nearing, Social Adjustment XXVm SUGGESTIONS TO TEACHERS Nearing, Woman and Social Progress Zueblin, American Municipal Progress (new and rev. ed.) Blackmar and Gillen, Outlines of Sociology Hayes, Introduction to the Study of Sociology Commons and Andrews, Principles of Labor Legislation Marshall, Wright, and Field (eds.), Materials for the Study of Elementary Economics Hamilton (ed.), Current Economic Problems Ross, The Old World in the New Mangold, Child Problems Bliss (ed.), The New Encyclopedia of Social Reform A Large School Library All of the books listed above and the following : Woodburn, Political Parties and Their Problems (rev. ed.) Munro (ed.), The Initiative, the Referendum, and the Recall Jones, Readings on Parties and Elections Munro, The Government of American Cities Howe, The Modern City and Its Problems Baldwin, The American Judiciary FairUe, Local Government in Towns, Counties, and Villages Plehn, Introduction to Public Finance (rev. ed.) McLaughhn and Hart (eds.), Cyclopedia of American Govern- ment Baldwin, The Relations of Education to Citizenship Brewer, American Citizenship Bryce, The Hindrances to Good Citizenship Ellwood, Sociology in Its Psychological Aspects Hart (ed.). Preventive Treatment of Neglected Children King (ed.). Regulation of Public Utilities Stimson, Popular Law-Making Rubinow, Social Insurance Ripley, Railroads: Rates and Regulations Van Hise, Conservation of Natural Resources PART I THE CITIZEN AND SOCIETY © Underwood and UnderwooH.. Main Waiting Room, Ellis Island, New York. THE NEW CIVICS CHAPTER I CITIZENSHIP Some Essentials of Citizenship 1. Definition of American Citizenship. — If you were to Citizenship ask some older person who a citizen is, it is possible that he ^^ ^ y^' might reply : " Why, a voter, of course." Only a few years ^ ago most people confused these two essentially different terms, the citizen and the voter. Whereas a voter is an adult who takes part in the government, the citizen is a member of the nation} As the voter is a privileged person, only a small percentage of all citizens are voters, even in this democratic country of ours. The citizen, on the contrary, is a regular member of the large society which we call the United States of America. Citizenship is therefore social'^ rather than political. It is universal rather than limited. It is a natural right, not a conferred privilege. In this great society or nation known as the United States Acquisition citizenship is defined in the national Constitution. Accord- °^ citizenship ■■■ by birth or ing to the Fourteenth Amendment, " All persons born or naturaJiza- naturalized in the United States and subject to the jurisdic- ^i^^- tion thereof are citizens of the United States and of the state wherein they reside." Since citizenship comes to * The citizen is a member of a nation or sovereign civic society. ' The term social is used in two senses, a narrower sense, in which it includes a study of classes, and of the relationship of individuals or groups to other in- dividuals or groups; and a broader sense, in which it includes economic and political organizations and activities as well as those which are social. In the above statement it is used in the broader sense. 3 -* ^ THE NEW CIVICS How citizen- ship grows out of rela- tions ; rela- tions out of needs. every one born within the limits of the United States, irrespec- tive of color or of the nationality of his parents, we see why citizenship is social, is universal, and is natural. Since a foreigner who has lived in the United States five years ^ may acquire citizenship through naturalization we can under- stand that no bona fide resident of this country, foreign as well as native, worthy of membership in this great nation, is debarred from citizenship. 2. Individual Needs and Civic Relationships. — The Four- teenth Amendment tells who are citizens, but it does not tell us what citizenship is. Citizenship is the sum total of those rights and duties which come to us from our membership in this Ameri- can nation. As we shall see later, these rights and duties grow out of our relations with one another. Our relationships in turn grow out of our needs, because, whenever we need any- thing which we cannot supply for ourselves, we depend for it upon some other person or upon some other group of per- sons. In addition, if we have things which we do not need, we naturally furnish them to other people who have need of such commodities or services. Consequently our needs or the needs of other people bring us into relationship with numerous persons in the home, in the school, and in business, people who are dependent on us or upon whom we depend. We may say, therefore, that we have civic relations with any of these people with whom we are connected socially or in the business world, because we do something for them and they do something for us.^ 1 In order that aliens in this country may become really identified with us in their interests, opportunity is given to acquire citizenship within a period of five years. At any time an alien may declare his intention of becoming a citizen. He must do this before a federal court. Not less than two years nor more than seven years later, if he has resided in this country at least five years altogether, he must go before a federal court or state court of record, forswear his allegiance to the country of which he was formerly a citizen and prove to the satisfaction of the court that he would make a desirable American citizen. Citizenship papers are then issued to him. When a married man is naturalized, his wife and minor children do not need separate naturalization papers. 2 Strange as it may seem, villages, cities, and sometimes nations have been created chiefly for the pvupose of looking after the individual needs of large groups of people. needs. ESSENTIALS OF CITIZENSHIP 5 3. Individual Needs and Public Needs. — Needs are of Nature of two kinds, those that are distinctively personal or Individ- individual ual and those that are general or public. Food, clothing, shelter, and other articles which satisfy individual needs are either provided by ourselves or are supplied for us by some one who feels responsible for us. The business world is organized largely for the purpose of furnishing the goods or services which satisfy individual needs, and each of us can secure them for himself if he, or the person upon whom he is dependent, has sufi&cient wealth for that purpose. We need, however, many other things not less important Character of but different, which each of us cannot buy for himself. We P^^p^ needs need highways (roads or streets) on which to go from our homes to school or to our places of business. We need fire protection for our houses, and police protection for ourselves and our property. We need rules or laws which shall define our relations to those with whom we associate or do business, so that we shall know what rights and obHgations we have with one another. These are public needs, which must be satisfied by groups, each of which acts as one person, since each individual in any group cannot do these things for him- self. 4. How Political Organizations grow out of Public Needs. Need of per- — Naturally the groups which we have mentioned should manently be permanently organized because they must continue to do govermnenta work for the public. New streets and roads must be opened ; old highways must be kept in repair. Fire and pohce pro- tection must be given day and night, year after year. It is necessary to make new rules or laws as conditions change, and there must be some one to enforce and interpret law as the need arises. These public groups which look after general public needs Different are either local, as cities, towns, and counties, or state, or governments national. Each group has its organization of officials, small and simple if pubHc needs are few, or large and complex if needs are numerous as in a city such as greater New York, or in the national government. These sets of officials repre- THE NEW CIVICS Need of or- ganization, powers, and authority for each gov- ernment. Economic interests pro- tected by our govern- ments. Importance of our eco- nomic organ- ization to most citizens. sent the political organizations or governments of their respec- tive groups. We speak of the machinery and activities of these poHtical organizations as government. Each government is made up of sets of officials. Some of these officials make laws, some enforce laws, and some inter- pret laws. These officials constitute the machinery of gov- ernment. The work or the powers of these officials or any of them constitute the activities of government. Since these governments represent us and must satisfy our public needs, they must possess authority in order to accomplish their work. This work of our .government does not consist solely of activities which we call political. To be sure there must be laws or rules which specify not only who may vote and what powers the government shall have, but in addition laws must be made and enforced in regard to private property and con- tracts. If we own property, and some one else seizes that property, or, if we make a contract with some one else and he fails to keep his agreement although we carry out our part of the contract, then some organization, clothed with authority, must protect our economic rights in our property and our contract. The government does this. 6. Other Civic Organizations that grow out of Needs. — Since our economic interests are exceedingly numerous and important — because after all the task of making a hving is far more important than the work of governing and being governed — we require and we have an economic organization ^ which is far larger and more complex than any of our govern- ments. We can understand this need if we realize, that only about one per cent of all the people in the United States are regu- larly and ac/^t;e/y engaged in the work of governing this country, whereas more than half of the American people are actually employed in the work of producing wealth, on farms or in factories, on railways or in stores. All people, of course, have a passive share in the work of both the political and economic organizations, but it is certainly quite as important to be ^ For a fuller account of Economic Organization, see below, Chapter IV. ESSENTIALS OF CITIZENSHIP 7 fed and clothed and sheltered as it is to live under good laws and a wise government. That these organizations supplement or help one another interrelation cannot be doubted. Unless the government gives us good ^^ political , I'v 'ij'-^j 1 • S and economic laws which are wisely administered, our business suffers, organiza- On the contrary, unless business prospers and wealth is pro- tions. duced in large quantities, our governments fail because of lack of proper financial support or because their resources are insufficient in some great crisis. Thus economic organi- zation and political organization are necessary to each other, both being interdependent forms of civic organization. Still another civic organization do we have because we have Place of still other needs, individual and public. In infancy and in ^^"^^ ^f' . youth we are not much interested in government or in busi- present ness, but we are greatly concerned with our homes and with American our schools. The family group, the most important single ganTzation. group in the civihzed world to-day, is neither economic nor pohtical; it is social. To be sure it must do its share in producing wealth, it does its share in consuming commodities, and it is regulated to some extent by our governments, through, for example, marriage and divorce laws, or through laws defining the obligations of parents and the rights of children. Primarily, however, it is a social group, for civil- ized society is organized in famihes. Therefore we have a third civic organization, closely related to the other two, a social organization.^ 6. Civic Organizations and Civic Relationships. — Each Relation of one of us, and every other citizen in the United States of ^^^ individ- America, is connected directly or indirectly with not one but to economic many civic organizations, social, economic, and political, groups. We are members of families and of communities and of the nation. We may not be engaged in producing wealth and therefore may not be connected with employers, that is, have direct relations with them, yet some one who furnishes us with everyday necessities must be an employee unless he is an independent worker or an employer. Although we may not 1 For a fuller account of Social Organization, see below, Chapter IV. 8 THE NEW CIVICS Relations of the individ- ual with the government. Direct and indirect rela- tionships with individ- uals or with groups. seem to be engaged in buying from or selling to others, never- theless we must eat or starve, we must be clothed and sheltered, and so we are directly dependent on that person, employer or employee, who provides us with these necessaries and comforts. We therefore are dependent indirectly on those persons who have produced them. We may not vote, but we share in the benefits of a govern- ment which protects us and gives us schools, Hbraries, parks, and other civic advantages. For example, we have direct relations with the government if the postman brings us letters or the teacher helps us gain an education, and we have indirect relations every day and all the time with other officials of our governments, such as policemen who keep order. Our civic relationships are therefore (i) direct or indirect. They are direct if we deal face to face with other individuals or with groups. They are indirect if we never meet the individual or the organization with whom we are dealing. (2) They may be with one member of a group to which we belong, as our fathers or schoolmates, or with some person in another group, for example, the miller who ground the wheat which we used in bread. (3) They may be with whole groups of which we are members, for instance, the family and the school, or with groups of which we are not members, as the workers in some factory or department store whose goods we use. (4) These relationships are likely to be of different kinds, as social^ economic, and political. They are therefore exceedingly numerous, because our civic organiza- tions are very large and complex. (5) Finally, and this is a point for us to consider with the greatest care, the relation- ships are there whether we will them to be or not. ' Some Rights of American Citizenship Why some relationships are rather one-sided. 7. One-sided or Two-sided Relationships. — So numerous are these civic relationships of every American citizen that his rights are almost infinite in number. At this point we can consider only a few of them. We must notice, however, RIGHTS OF CITIZENSHIP are two- that they are of two kinds, one-sided or two-sided, (i) Some relationships are rather one-sided, of course. A mother does many things for her young son or daughter, expecting and receiving comparatively httle in return. In relation to her children her rights are far less numerous than her duties. For that very reason the very small child, in dealing with either of his parents, has many more rights than obligations. This example shows us, however, that, if one or two persons who have dealings with each other has an unusually large number of rights, the other has a correspondingly large num- ber of duties. (2) Most relationships existing between one person and Why most another or between one person and a group are not, and relationships cannot be, one-sided. For example, the right of the student sided to good teaching not only means that the teacher should teach the subject well, but that the student should do his share, that is, perform his duty by studying his lesson. Again, although we must have food, no grocer is obliged to sell us the food which we prefer for such a sum as we are willing to give. He gives value for value. So, in most relationships, we can enjoy rights if we accept the obligations which go with those rights, since almost every relationship, being two-sided, creates something which we may call a right and demands in return something else which we call a duty or obligation. Every right and practically every privilege, therefore, has a corresponding obligation, and good citizenship requires that we meet those obligations. 8. Childhood Rights to Life and Health. — As suggested above, for the boy or girl citizenship deals more with rights than with duties ; for the older citizen it is concerned chiefly with obligations. The reason is this : the needs of the child are great in proportion to his ability to help others. In childhood and even in youth he is dependent on those with whom he is associated. As he grows to maturity, however, he learns first to supply most of his own needs and later to care for those of others in addition. To be sure, his own needs may be greater as a man than they were as a boy, b Why the child has rel- atively more rights, the adult rela- tively more obligations. ■\ lO THE NEW CIVICS Civic impor- tance of good heredity and good health. Protection of the little child by the home, com- munity, state, and nation. his abilities and his opportunities have developed far more rapidly than his needs. Although the masculine pronoun is used almost exclusively here and later in this book, the state- ments include girls as well as boys, women as well as men. To a large extent the rights of the child are the rights which he has in the home. When he is born, he becomes not simply a citizen of the United States, but, what is more directly valuable to him during his early years, a member of a home. He is entitled to a good start in life. Two of the first and greatest rights of childhood are the rights to a fair degree of health and to a place in a real home. The child who lacks either of these is deprived of a large part of his heritage as an American citizen. If he comes into the world weak, imperfectly developed, with constitutional tendencies to disease, he is not only handicapped in his personal fight with life, but he is denied the opportunity of giving to others the help and support which a normally healthy child, youth, or adult should offer. Usually good health is an important element of good citizenship. 9. The Rights to Favorable Surroundings. — Whatever may be his physical and mental heritage, the little child has a right to clean, healthy, favorable surroundings. The home^ the community, and the nation must each do its share in guarding these rights of childhood. Lack of cleanliness and tidiness may be due to the negligence of the home-maker; but unsanitary surroundings, sunless tenements, and filthy alleys are failures of the community rather than of the family. The excessive mortality among infants in the slums is caused chiefly by overcrowding, poor milk, and scarcity of fresh air — failures of the city to protect its children ; for, after all, the ignorance and carelessness of mothers is a minor cause. Much has been done in our cities to give the babies of the slums a " fighting chance," but society owes them even more careful guardianship in order that they may have health as well as life. In later years the home, the community, and the nation must furnish surroundings which make it possible for the RIGHTS OF CITIZENSHIP II child to be a healthy, honest, and intelligent citizen. Not only must the home be clean and cheerful ; it should be a real home in which the members of the family live in harmony and give the child and youth proper training and discipline. The community has not done enough if only good schools are •provided • it must furnish a decent moral atmosphere. The state and nation must see that good laws and a public sentiment which demands fair deahng not only give the youth every chance to learn right and avoid wrong, but that they furnish an opportunity to grow to manhood or womanhood with high ideals, honest standards of conduct, and a mind not warped by prejudice and hate. 10. Why Rights are protected by Negative Means. — These rights which we have been con- sidering are not safe- guarded so much by law as they are by a true sense of civic obligation on the part of parents or the public. Since we are often deahng, however, with individuals who, unhke our parents, may wish the best of the bargain, our rights are defined in the law and are protected by our governments. It is natural that these legal regulations concerning rights and duties should be negative rather than positive ; that is, they should deal chiefly with prohibitions. The law cannot compel people to be honest, but it can punish them for stealing. It does not force the baker to bake good bread, but he is not allowed to sell loaves which are below a cer- tain weight. It does not force a voter to go to the polls, Conditions in which Some Children Live. Need of agreeable and moral condi- tions which favor real development of the citizen. Guarding of rights de- mands pro- tection rather than compulsion. 12 THE NEW CIVICS yet it does not permit minors and, in some states, women to vote. Protection Since some persons prefer to injure rather than to help of nghts ^j^gij. fellows, the laws protect our rights by declaring certain inals through 2-cts to be crimes. An art is criminal if it injures not only the criminal the aggrieved person but society in general. Technically it ^^* is a crime, however, only when the law declares that such an act is a crime. Ihe broadest way in which society protects itseK and the rights of its members is by defining crime and punishing criminals. It also protects its members carefully from unjust charges and attacks. If accused of crime, a citizen has righ ts which are safeguarded in numerous ways so that he will not be punished unless he is reaUy guilty. Guarding of H- Some Rights that we have in dealing with Other our interests Individuals. — Protection of our interests is not granted solely ci^^law ^ against criminals. It is extended to every sphere of our life, political, economic, and social. If a person interferes with us, our rights, or our property, he may do so not because he is a criminal but because he believes that he has a right to do what he has done. The dispute may be over the payment of a note or the fulfillment of some other kind of contract. I' may arise out of an employee's neglect of work or an employer's failure to place proper safeguards on dangerous machinery. Such disputes are not criminal in nature but lead to civil cases which the courts must decide. The rights of each party are investigated, and a decision is given to pro- tect the one whose rights have been infringed. Two kinds of 12. Rights under our Governments. — Every American protection citizen is entitled to rights, not only in his dealings with other dtizenhas individuals but with groups. His legal rights are those in relation to which he has (I) uftder the organization which makes the m^nf^^^'^'^' laws, that is, the government, or (II) against that or- ganization. Types of (I) Under the governments the citizen has a right, by the freedom state or national Constitution and by statutes, to his life, the'^ govern- liberty, and property. He has the right to protection under mei>t. the law equal to that given by the government to others RIGHTS OF CITIZENSHIP I3 The rights which he has against criminals and in civil suits come under this heading, but the government protects him in multitudes of ways in addition to criminal cases and civil suits. He is protected when he travels abroad. He is al- lowed to go and come from his home as he pleases. He has the right and freedom of thought and action, including po- ^ litical beUef ^ and religious faith. Moreover, our governments frequently and usually promote Promotion the welfare of the citizen. Free pubhc schools, parks, and of Public wel- playgrounds exist for his benefit. The organization of cor- govem- porations with many legal privileges aids his business and in- ments. creases the amount of wealth which is produced. Freedom from taxation makes easier the work of hospitals, homes for children, Y. M. C. A.'s, and churches. Public utilities, such as municipal water plants and the national Post Office, give service without making profit the first and chief c^'nsidera- tion. The individual citizen benefits directly or indirectly from these activities of our governments. 13. Rights against the Governments. — (II) In the past Need of pro- most governments, that is, political organizations, were not Meeting . ^ 11 . 1.11 people in the democratic. Consequently they were more interested in help- past from ing the class to which the rulers belonged than in protecting their gov- the rights of the people. The history of the EngUsh people for ^^^°^^"^* several centuries was to a large extent the story of a struggle by those who did not have control of the government against the arbitrary rule of the king and his advisers. Magna Carta, the increasing powers of Parliament, the Petition of Right, and the Bill of Rights limited the powers of the EngHsh mon- arch and gained rights for the citizen of England before 1700. In the American colonies the colonial assemblies strove con- stantly, during the seventeenth and eighteenth centuries, to limit the authority of the royal governors. When we adopted our national Constitution and framed our state constitutions, we adopted bills of rights which pro- ^ The " right " to vote is a political privilege. It becomes a right of any citizen only when it is conferred on all persons of the group or class to which the citizen belongs. 14 THE NEW CIVICS Bills of rights in our national and state constitutions. Four classes of rights. Demand for individual liberty in the late eight- eenth century. Why social rights take precedence of individual rights. tected citizens against the aggressions of the rulers whom we selected for our governments. Most of these provisions were copied from the old EngHsh laws just mentioned, but some others have been added which aim to keep our officials from interfering with other Hberties of the people. 14. Summary of Rights. — We can see from this brief survey of rights that there are four classes of rights which make up " civil liberty." (i) First there are the rights to opportunities such as a good home, decent surroundings, and good schooling. (2) Then we are entitled to protection against such dangers as preventable diseases, cruel treatment by parents, and unfair domination by huge and unscrupulous corporations. (3) We have rights to hfe and property which others must respect. These are protected by civil and crim- inal laws through the courts. (4) Last of all, though pro- tected long before others were safeguarded, are the rights which we have against arbitrary government. 15. Individual Liberty and Social Progress. — During the last part of the eighteenth century, when we gained our independence from Great Britain, there was a widespread protest, especially in the United States and France, against arbitrary government. It was asserted that all men should have certain natural rights as individuals. Since arbitrary government denied these rights, the people overthrew the old rule and estabhshed new governments based on individual liberty. The experience of the American people during the last fifty years proves that individual rights are neither the chief object of government nor the best basis for popular rule. We have come to believe that the individual should have rights chiefly because society is the better off for his having liberty. But if this Hberty means that others must have fewer rights than they otherwise would have, his rights are gained at the expense of social progress and welfare. This is true, even if his liberty does not degenerate into license, that is, the freedom to do exactly as he pleases. Therefore we assert that the individual should have just as RIGHTS OF CITIZENSHIP 15 much liberty as is best, first for society, and secondly for him, neither more nor less. In other words, his rights are not so much the rights which he has as an individual as those which he enjoys as a member of society. This seems to be fair and just, for rights are after all only the advantages which he enjoys from his relations with his fellows (§ 8). In short, rights do not belong to the individual as such, but to the individual in his associations with other members of society. Rights of the citizen are not individ- ual rights but social rightb- SoME Civic Obligations 16. The Connection between Interests, and both Rights and Obligations. — If a citizen's rights grow out of his association with his fellows, that is, out of his civic relations, his obliga- tions are no less an outgrowth of exactly the same relations. If his relations with other persons are simple, as in the case of a trapper who twice a year trades pelts for food and ammunition, the civic rights which he uses are comparatively few and his obligations are limited also. If he is an unmarried employee Uving away from home, his real rights in fact are not numerous, and his obligations, social and economic, are not heavy. On the contrary, a man of business, a head of a family, a person of importance in his church and community, has interests which are very much broader than those of the trapper or a bachelor employee. Each interest carries with it obhgations and duties as well as rights or opportunities. A man who does an immense business and possesses properties of great value has correspondingly more rights and duties than another man whose wealth is less and whose business is smaller, but who otherwise has interests almost identical with those of the captain of industry. 17. Some Primary Civic Duties. — Since duties are as varied as relationships or interests, they must be explained in later chapters when we discuss those relationships or inter- ests. Only a few suggestions can be made here. The first duty resting on any citizen is to know his obligations ^ for if he is ignorant of a duty he probably will not do it. Possibly How each in- terest of a citizen car- ries with it rights and obhgations. The duty of knowing our obliga- tions. l6 THE NEW CIVICS some obligations can be learned by studying his rights. As it is human nature to magnify rights, he is likely to know at least some of these rights even if he does not notice the obligations which accompany them. Duty of at- This primary civic duty of knowing one's obUgations is, of schod^to course, closely connected with civic education, although civic learn our education trains us to know more than simply our duties. duties as Since school education is an important means of learning our things. duties, evidently there is an obhgation resting on the youthful citizen to make good use of that opportunity. Importance Most people Consider obedience the primary duty of any of obedience, citizen, but we must first know what to obey and how to obey. The laws which have been made for society must be obeyed, of course, whether they are local, state, or national. Even if they are poor laws or bad laws, obedience is better than neglect, for a poor law which is neglected, i.e. not en- forced, will remain on the statute books, whereas people will soon demand the repeal of a bad law which is enforced and the enactment in its place of a better law. Obedience to He must help to keep order by being law-abiding himself, high stand- jf ^g j^^s low ideals, if he knows how to obey only when he ideals, and to is told to do or not to do something, he will never obey in any principles. real sense. Obedience therefore means far more than out- ward conformity to law, whether that law is a law made by men or merely a natural law. It means obedience to high personal standards and high civic ideals. It means considera- tion for social welfare rather than regard for selfish interests. To obey in spirit as well as in the letter, one must be an hon- est, inteiUgent citizen. Otherwise the citizen fails in the most fundamental duty of all, patriotism (§ 32). Duty to ob- 18. Some other Public Obligations. — Obedience to the serve the |a,ws of the land will keep us from injuring others or their pro^^ty ^^ property. Even the criminal is restrained by the knowledge rights of that, if he takes the life of another person, he will be im- others. prisoned for life or put to death. Therefore, he may observe the law through fear of consequences. A similar risk of pun- ishment helps all men to obey the law&and to keep their hands CIVIC OBLIGATIONS 17 off the property of others. The higher type of obedience just considered should also lead all of us to have as great regard for the personal and property rights of others as we have for our own. Every man who enjoys special privileges has a duty cor- responding to each privilege. If a person is eligible to vote, he has also an obligation not simply to vote but to vote as his conscience and his intelligence dictate. If he owns property — wealth which he or his ancestors have amassed under the protecting care of society (§§ 144-145) — he is under obligation to pay his share in taxes or other contributions toward the support of the government. In times past, jury service and military service were looked on as important obligations on the part of a citizen to society. The jury is one of the few ways in which the average man can help directly in the carrying out of the laws and in the admin- istration of justice. Military service was the chief means through which citizens could protect the country in time of danger. Judging from events in Europe during recent years, it may be as important in the future as it has been in the past. 19. Duties to Other Individuals. — The duty of any citizen, old or young, to any other person or to any group of persons, grows out of his relations with those others, but it rests to a large extent on his obhgations to himself. He owes it to himself that he should not shirk his duties to others. Almost every boy wants to be independent, manly, " square," and useful. Being honest and fair in his views of himself, he understands that his parents and his fellows have helped him to become a useful and valuable citizen. He owes his parents respect not simply because they are his parents but for care and guidance during his childhood and youth. As they may have given years of love and care without thought of return (though through mistaken kindness they may have been overindulgent), they are entitled to his filial devotion and his confidence. How can a boy be independent, manly, square, and useful, without granting the same opportunities and rights to Obligations growing out of privileges or other so- cially pro- tected in- terests. Jury and military serv- ice, past, present, and future. Duties to parents and friends. 1 8 THE NEW CIVICS Why regard others? If he demands independence for himself, surely he for others is ^quM not expect Others to have less; certainly he cannot duty for a expect to have independence at the expense of theirs. That citizen. would be neither manly nor square. But what is this inde- pendence ? If it is the right to do as he pleases, injuring those who are weaker than he and disregarding the rights of others, he can become independent only through sacrificing the independence of others. But in that case might makes right, and independence is a possession only of the strong and brutal ; of the prize fighter, not the gentleman ; of the bully, not the man. Independence then involves a claim to those rights only which are conceded to others; the finer, the squarer, and more manly the boy, the more clearly he recog- nizes the obHgations as well as the rights of independence. In the older days of chivalry there was a phrase which ex- pressed this thought, " noblesse obUge," that is, nobility compels. So to-day the nobility of manhood, not of birth, makes regard for others the very essence of manliness and good citizenship. Good citizen- 20. Social Criminals. — For the normal citizen, rights and ship to be obHsrations must ero together. Moreover, as has just been measured by . ..'^ , ■, . . i • . ■, i i i i • what one mdicated, good citizenship must be measured by the emphasis does. placed upon obligations. The greatest citizen of any com- munity is the one who really does most for it, not the one for whom most is done. The greatest Presidents are not those who have asked most of the people, but those who have done most for the good of the nation. Four classes If we Were to consider the different classes of American citi- that have ^ens, we should find but four that are entitled to rights with- out the corre- out being asked to do much in return. These are the httle sponding ob- children, the " lame, halt, and blind," the sick, and the aged, hgations. These persons, because of their age, or on account of physical or mental defects, being unable to contribute their share to the general welfare, are exempt from most of the obHgations which the norma^ citizen must perform. There can be but one conclusion, those that insist on rights and refuse to meet the corresponding obUgations fail in a CIVIC OBLIGATIONS 19 sacred trust: they are social criminals. They have taken from loving parents, from earnest friends, and from a benefi- cent country all that each could offer. In return they have been selfish wasters, gaining profit by others' loss, and injuring all who stood in their paths. Their fault and their failure may have been, in the beginning, the result of ignorance, but their failure is really explained by their unwilUngness to live up to their obligations. General References Willoughby, Rights and Duties of American Citizenship. Ashley, The American Federal State, 212-218, 456-470, 553-558. Brewer, American Citizenship. Bryce, The Hindrances to Good Citizenship. Hadley, Freedom and Responsibility. Why people who demand rights and neglect obUgations are social criminals. Topics Rights Against Our Governments: Ashley, American Federal State, 456-464; Beard, American Citizenship, 34-53; Cooley, Prin- ciples of Constitutional Law, 278-357; Burgess, Political Science and Constitutional Law, I, 184-252; Cooley, Constitutional Limita- tions, Chaps. IX-XIII. Some Primary Civic Duties: Brewer, American Citizenship, 3-29, 87-106; Root, The Citizen'' s Part in Government, 5-31 ; Bryce, Hindrances to Good Citizenship, 20-74. Making Citizens of Immigrants: Antin, Mary, in Atlantic Monthly, 109 (191 2), 211-226; Daniels, J., in Survey, 24 (1910), 373-385; Beard, Woman's Work in Municipalities, 170-198. Studies 1. Pure food for babies. Bru^re, R. W., in Harper's Magazine, 122 (1911), 519-521. 2. The rights of labor. Beard, American Citizenship, 60-62. 3. Model milk supplies. Flint, W. R., in Good Housekeeping, 50 (1910), 765-769. 4. The trial of a criminal case. Baldwin, American Judiciary, 226-251; Train, Prisoner at the Bar, 148-177, 261-278. 5. The trial of a civil suit. Baldwin, American Judiciary, 201-2 14. 6. The basis of civil liberty. Hadley, Freedom and Responsibility, 26-47- 7. Education of foreigners in American citizenship. Abbott, G., in Conference Good City Government, 1910, 275-384. 20 THE NEW CIVICS Questions 1. Explain the difference between a citizen and a voter. Ex plain carefully all of the ideas in the expression, " citizenship is social, is universal, and is natural." 2. Show how an alien may be naturalized. What is the danger if only a short period of residence is required of aliens before naturaliza- tion ; if the period is made rather long ? 3. Show how government deals almost exclusively with group needs rather than individual needs. Show also how citizenship, i.e. mem- bership in society, is concerned quite as much with individual needs. Show, therefore, why the subject of American citizenship is much broader than that of American government. 4. If possible name some persons or group in the home, school, com- munity, state, or nation with whom we have social relations under each of the six classes of relationships indicated below. A citizen has relations as follows : Social with individuals , with groups in a group of which we are f direct members 1 indirect •I indii m a group of which we , . ,. . ^ u ^ mdirect are not members { of which we are members | j^direct of which we are not mem- f . ,. bers ^^^^'•^^^ (A similar outline can be made for economic relations and political relations, if desired.) 5. If each of us has direct relations with our teacher and with every other member of our Civics class, what rights have we in our dealings with our teacher, with our fellow students? What obligations have we toward each and toward the whole class ? Is there not a duty correspond- ing to each right and a duty connected with each right? 6. Why must society in general and each family in particular protect carefully and promote wisely all the rights of every child? 7. Why do we have rights against our governments as well as under our governments? Give three examples of each. 8. Illustrate the way in which obligations grow, or widen, with the improvement in the social, economic, or political position of the citizen. Why were mihtary service and jury duty at one time the chief public obligations of every man ? 9. Who are social criminals and why? In high school should any boy or girl allow himself or herself to act in a socially criminal way through ignorance or carelessness? CHAPTER II THE EDUCATION OF THE CITIZEN Home and School 21. Beginnings of Civic Training in the Home. — Like charity the training of the citizen begins at home. The training of a little child in the homelier, simpler virtues occurs during the years of babyhood and early childhood. Even if the home does not teach citizenship directly, at least it can and should lay the foundations of good citizenship in char- acter. The home is able to show the child that he has rights, not by giving him a Hst of rights to memorize, but by allowing him to exercise them daily. The better the home is from the civic point of view, the more it will teach duty through practice rather than through precept. It stands to reason that the real home is the one which neither neglects nor spoils the child. The home of our grandfathers, in which " children were seen but not heard," did not necessarily train the child well. It taught him to do as he was told, but it did not teach him self-reliance or self-direction. Such a strict supervision might have had no better influence on the youth or even on the child than the indulgence of many modern homes. There can be no doubt that the first duty of any home is to teach the child to obey. This does not mean that the child should obey orders blindly, for it may be assumed that the requests made of the child are not arbitrary demands but are reasonable. But in the home, as on the field of battle, if necessary, those who do not lead must obey without ques- tion — " Theirs not to reason why." In every organization, whether it is the family, the government, or the army, there 21 Why civic training begins in the home. How the home teaches rights aiid duties. Obedience to parental authority. 22 THE NEW CIVICS must be some authority, and in the family this belongs to the parents — the head of the house. Respect for parents is the first form in which regard for authority is developed. Actual use The home teaches us some of our first and best lessons made of so- regarding the limitations of our own rights. For any one to sibiiity and have many rights which are denied to others of the family cooperation group is manifestly unfair. For each to have all of the rights in t e ome. ^y^^^ -^q j^ay wish to enjoy is impossible. Where there are many members of the family, the " corners are rubbed off," not only of personal peculiarities but of unreasonable demands for rights. In making concessions to others who have rights of their own, the child learns his first lesson in civic responsibil- ity, just as in helping about the home he learns his first lesson in cooperation. Why general 22. What Kind of Education does a Citizen need? — Im- knowledge IS pQ^tant as the home is in beginning the training of the citi- dtizenship. zen, it cannot complete his civic education. That must be finished in the school and in the world of affairs. In this coun- try we have free public schools. What kind of citizen should our schools turn out ? Should he have a general education or a technical education ? Should our graduates be men of cul- ture or men of affairs or cultured men of affairs ? Can a man really help to manage a republic if he lacks the elements of a general education ? If he is trained in a single craft, how is he to know much about so compHcated a society as this nation of ours ? If he doesn't know what his rights are or of what his duties consist,. because his knowledge is too limited and his comprehension is too narrow, how can he be a good citizen ? Shall we not say then that the more general knowledge he has the better is he able, other things being equal, to be a man and do his part in the world. Why a prac- Shall we then learn no useful occupation or trade ? We tical educa- m^st earn a living, and we want it to be a decent hving. We uable!^ ^ " want it to be a Uving which will support more than just our- selves. Should the schools prepare its pupils for a craft or should they not? Certainly all must admit that a practical education is necessary, but what is most practical? From EDUCATION IN HOME AND SCHOOL 23 the dollars and cents point of view, a practical education ia one that prepares a man or woman to earn as good a living as possible with the least possible sacrifice. Sometimes a general education is therefore more practical than a technical education. Moreover, modern society is learning that for a Practical Work in the High School of Practical Arts, Boston, Mass. nation as well as for a citizen, the best education is the cheap- est. We are constantly demanding more school training as a preparation for life and citizenship. 23. Self-education as the Only True Education. — The Work that value of a school course depends on the extent to which it a good school really does prepare, indirectly rather than directly, for life. If it teaches us to know ourselves better, to learn concentra- tion and abiHty to study, to develop the power of analysis and the ability to think, it is worth while. If at the same time it teaches us to know the world about us — and the 24 THE NEW CIVICS Why educa- tion is self- education. Education i a social means of self-preser- vation. Why educa- tion is con- nected with many other activities of society. ancients are often good masters in that capacity — and helps us to deal better with our fellowmen, it is preparing us to make a good return to society for the education which society has furnished. The value of any course depends far less upon the course than upon ourselves, for after all there is no education but self -education. If we let it awaken our interest, arouse our enthusiasm, and absorb our attention ; that is, if we really learn because of the opportunities it offers, it will carry us a long way toward our goal. The process of education must be subjective — that is, of and by ourselves — rather than objective — that is, in the studies offered for our use. 24. Why Public Education must be not only Free but Universal. — The type of education is less important than its purpose, its character, and the extent of time that it covers. In a democratic nation education is not a luxury; it is a necessity, a means of self-preservation. Free public educa- tion is one of the chief means by which youthful citizens learn to become useful members of society. The education is not primarily for their benefit but for the advancement of the whole people. Pubhc education, being a preventive and protective measure, must be compulsory, at least for the elements of school training. Education cannot justly be compulsory if the parents need the help of their boys and girls. If the wage-earner of a family is disabled, the children must earn money unless society sees that the family needs are met. If forced to labor, the children will be deprived of even a grammar school education. If chil- dren are not properly educated, how can they as adults earn a hving wage, and provide for themselves and their families? Therefore, a complete system of pubUc education is essential to prevent child-labor, to fit those deprived of sight or hearing and those who are lame or crippled for some work which they can do, and to give all boys and girls a preparation for hfe which will enable them to earn a good living.^ ^ Education is therefore tied up in such apparently unrelated subjects as child labor, accident insurance, the minimum wage, etc. PREPARATION FOR CITIZENSHIP 25 If our school system does no more than that, it is doing but The value and the dan- gers of train- ing for craft. half its work. Vocational training ^ which is given in the grammar grades should supplement general training, not sup- plant it. There is danger that the child who is taught only a craft may become a member of a class, not a real citizen of a nation. Preparation for Life and Citizenship 25. Training in Citizenship in the School. — The school Practical and is a training ground for citizens less through its courses than valuajDle civic through itself. It takes the child, acquainted only with gafned hJ^^ inmates of his home or a few playmates, and makes him a school. Photo by Verne Morton, Oroton, N. Y. Boys' Court in the George Junior Republic, Freeville, New York. member of a much larger world. He is enrolled as one of a group, a grade, which normally has a room to itself. Here he has a desk in which he keeps his books and other belongings. ^ The term vocational is here used in the narrow sense of preparation for a trade or craft. 26 THE NEW CIVICS Democratic schools the hope of democracy Needs of or- ganization, rules, and authority in school busi- ness, govern- ment, and society. He has regular hours for attendance. He is not allowed to do as he pleases, but learns to refrain even from talking un- less it is desirable that he should speak. In short, he learns punctuality, obedience, orderliness, regularity, and industry. He gains his first real insight into cooperation, team work, when the group does any class work. In the school room and on the playground he discovers that others have rights which he must respect or he will be punished. In the classroom he finds that his own rights and those of others are defined in school rules; but on the playground public sentiment and the desire for " fair play " are the ruling forces. Thus for the first time outside of his home, he has a real lesson in citizen- ship. By the school the child is prepared for democracy. We call this a democratic country. It was the boast of our Declara- tion of Independence that " all men are created equal," yet the free public school is one of the few democratic insti- tutions which we possess. In it the child of the poorest and most ignorant parents has a place equal to that of the very rich child. He has the same kind of desk, similar books, and an equal chance to learn. If he possesses qualities of scholarship or leadership, he may have the advantage of his richer schoolmates in the classroom or on the playground. The public school is a great equalizer, in which social and class distinctions are reduced to a minimum. Does it not offer the best possible preparation for citizenship in a democ- racy? 26. Degrees of Self-government in Different Schools. — To many children and youths the school seems undemocratic because it is not wholly self-governing. School rules and the authority of teacher or principal are continually interfering with the Hberty of the pupil, and he is aggrieved. He may not yet understand that no society can govern itself without rules and organization. He does not realize that every society, the most democratic as well as the most absolute, follows customs or other regulations made by its predecessors or by outsiders. He cannot yet perceive that the essential PREPARATION FOR CITIZENSHIP 27 of success in a self-governing body of people is good organiza- tion ; nor does he know that one of the first characteristics of organization is the granting of authority to those in charge of the work to be done. Whether it is desirable to have active seK-government in Why the a grammar school, or high school, depends therefore on the substance , 1 1 rr^r 1 1 1 . I- IT . rather than students themselves. Through the makmg of public senti- the form of ment and the desire of a whole student body to do the right self-govem- thing,^ a school which has no " student government " may ^^\l^ come nearer to actual self-government than another which has schools and an organized student body, with officers and courts for the ^^^ nations, trial of school offenders. That school, city, state, or nation is not necessarily the most truly democratic which has the most democratic method of electing officials or the most uni- form laws. Just as many modern states are content with the forms of popular rule without the substance, so some student bodies fail to value the substance unless they have also the forms of self-government. Of course any school in which the students as a whole wish to do right, and in which they have been given control of student affairs, halls, playgrounds, and study rooms, has an opportunity to be really self-govern- ing which is denied to most other schools. 27. The Honor System. — Every school gives every pupil Extensive numerous chances to prove his honesty. It is not necessary ^^^ °^ ^^^ ... , 1 t . 1 1 -1 . 11 honor system to cheat on exammations in order to be dishonorable in school in most work. Dishonest work may be found in dishonest prepara- schools tion of lessons, in notebook work which does not represent the efforts of the pupil, in collateral readings that are done in a sHpshod manner or done only in appearance, and in essays on which help has been received. Every school places upon 1 The schoolboy finds it difficult to understand that he and his playmates really decide how the school shall be governed. If students remain orderly under mild supervision, rules are likely to be lenient ; whereas there must be harsh rules and heavy punishment if the students of the school are not law- abiding. School discipline necessarily is severe if pupils look upon leniency in the school authorities as weakness and the enforcement of very few regula- tions as a mark of inefficiency. It is hardly too much to say that, from this point of view, " as are the scholars, so is the school." 28 THE NEW CIVICS Problems in the use of the honor system in examina- tions. The selec- tion of a vocation. their honor the pupils who, day after day, work in study hall, classroom, or laboratory. Many students think of the honor system chiefly in con- nection with examinations. They resent too much supervi- sion of tests. Yet those who are honest would resent more strongly any scheme by which the dishonest pupil could cheat easily and pass in circumstances under which the honest pupil would fail. If the teacher has no right or authority to prevent this unfair competition by which the cheater is the gainer, then the pupils must themselves make cheating unsuccessful and give honest work its just reward. How can that be done? Possibly in one of two ways, (i) Might it not be possible to make every older student re- sponsible j or his own work,m.^kmg him see that if he cheats, he is stealing, and that in the long run he cheats no one but him- self ? Naturally we cannot depend on the honor of individual pupils in so important a matter as that of examinations, unless all pupils have high standards of school citizenship. (2) If any one in a class does cheat, the only fair plan is to hold the whole body of students responsible, forcing them to see that the culprit is punished, or at least is prevented from profiting by his dishonesty. 28. The Citizen in Business. — After school, what? Cer- tainly some useful place in society, probably as a wage earner, or as a home-maker who spends the family in- come to the best advantage; in short, becoming an ac- tive member of our great industrial society. School edu- cation should have laid the foundation for life, work in the industrial world. It need not have given the boy or girl a vocation ; ^ but it certainly should have made possible ^ The early selection of a vocation is almost as desirable with the girls as with the boys. If we know what we wish to do, we are apt to do it better because we have a definite aim in view. We may change our idea of a vocation, but the results of our earlier efiforts will be of lasting benefit. Moreover, any person, boy or girl, man or woman, may be thrown absolutely on his own resources and forced to earn a living. The world is full of unskilled, unprepared appUcants for work, among whom competition is keen and wages therefore are very low. A vocation for emergencies is an anchor dropped to windward, a safeguard worth having in time of financial stress and storm. PREPARATION FOR CITIZENSHIP 29 the rapid and successful acquisition of a vocation. The graduate from high school or college, having passed the sophomoric stage or stages of his school career, should be wilUng to begin at the bottom and work his way up. School preparation is not a failure if it forces him to start on the lowest round of the ladder ; it is a failure if he cannot chmb higher. In business the citizen is hkely to be an employee, but he may be an independent worker or an employer. In aim ^st every case he finds that he stands or falls on his business merits. He learns that competition is keener and more cruel than it was in the sheltered life of the home and the classroom. He is called upon continually to " make good " or give way to another. Possibly he is compelled to meet the unfair and unscrupulous dealings of business associates, for society through its government can prevent only the grossest forms of swindle and fraud. A citizen who wants to do the right thing finds that he needs ideals of conduct and knowledge of economic theories less than he needs practical standards which he can use. Whether he is an employer or an employee,^ he finds it is necessary to work out a standard of honesty. An employee must be honest with his employer, with his customers, and with himself, for it is true to-day as in the past, '' to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man." The solution of such a triple Need of eflficiency and ?ood stand- aids. The duty of an employee to his em- ployer, to society, and to himself. ^ An employer has more difl&culty in deciding what is right because he must consider larger problems. Inevitably also an employer's standards have more influence on society than those of an individual employee. What are his stand- ards of business ethics? Is it his idea that nothing is wrong unless it is illegal? Is efficiency his first and only criterion, even if his success is gained at the expense of his employees or the pubUc? Better than either of these is undoubtedly the standard of strict honesty, unless honesty has too negative a meaning, as we noticed above. Certain also it is that he must succeed if he is to stay in business, that failure to stay in business injures every one of those with whom he comes in contact, and that therefore he who neglects his business for the supposed welfare of others is not a valuable citizen from the economic point or view, which is, by the way, a very important viewpoint. Attending to business and making a success of business are, other things being equal, very high proofs of good citizenship. 30 THE NEW CIVICS problem demands that he have definite standards of conduct ; a proper solution for a good citizen calls for character, good common sense, and knowledge not found in books. Emportance of personal knd of civic character. Negative and positive virtues in character. Foundations and Effects of Good Citizenship 29. Character as the Basis of Citizenship. — It is a law of nature that a stream cannot rise higher than its source. It is no less true that good citizenship — considering citizens in their proper social, economic, and political relations — must rest on a sohd foundation, — the personal character of each citizen. Character is not an attribute of a man — it is the man himself. It is not reputation, for his reputation is what others think of him. Character is far more than the sum total of those qualities which we sometimes call moral char- acter. It must include in addition knowledge, discipline, ability, and efficiency. Civic character must also include pubhc spirit. To discuss the qualities which lie at the foundation of citizenship because they make up character — moral character, general character, and civic character — we should need a separate volume. A few suggestions only can be attempted. Self-control must underlie character ; otherwise we must be satisfied at the best with good intentions. We rnust have not only the desire to do right but the will to keep from doing wrong. Without self-control even the fundamental virtue of obedience to principle will remain undeveloped. But moral character is not negative. Pure-mindedness, industry, thoroughness, and perseverance are as truly its attributes as are the more negative virtues of self-control and obedience. Initiative and independence of judgment are equally neces- sary for the full development of character. We must not think more highly of the character of him who is simply " good " than of the one who " does things." A citizen should be not only good, but good for something. Unselfishness is even more important in general civic life than it is in the family circle and in the school. The loving, FOUNDATIONS OF GOOD CITIZENSHIP 31 unselfish devotion of a father or mother is the mainspring of Unselfi^h- the home Hfe, but unselfish citizenship — honesty in deahng ^ess in per^ with all men, fairness toward enemy as well as friend, ad- civic affairs, herence to principle though at a personal sacrifice — is a nobler and a rarer thing. 30. Knowledge and Ability. — An important element of information personal or of civic character is knowledge. Knowledge is knowledge, not information, for the latter is but a mass of unrelated facts. ^^ °"^' Knowledge is information which has been organized, system- atized, made our own. An English king, known for his learn- ing, was called " the wisest fool in Europe." To be informed is not to have knowledge, and to have knowledge, so often do we fail to make it really our own, is alas, not always to have wisdom. What knowledge is most worth while ? We can only say. Value and that which helps to develop us most by giving us the best jipf^tations of understanding of ourselves and the best comprehension of life solving our and its problems. History certainly is valuable if it shows civic prob- us how humanity developed our civilization to-day. History ^^^' gives us valuable lessons on the failures and successes of men in the past. If we can read those lessons aright, we may be able to avoid the pitfalls in which other peoples met their fate, and possibly we can profit also by their successes. If we do not know men and their motives, especially ourselves, our strength and our weakness, all other knowledge certainly will be vanity. Only that knowledge which can be used and which is used can be of value to any citizen. As has been suggested, good citizenship consists less in Efficiency intention than in action which produces results. The citizen ^^^eded m all must therefore be efficient as well as upright and well-in- personal and formed. Efficiency should not be monopolized by the world civic action: of business ; we need it every day in everything that we do. Good planning saves many hours of useless toil in the school as well as in the shop. Efficiency is needed in government and in all pubhc activities. One nineteenth century post- master-general asserted that, in his day, the expenses of the Post Office Department could be reduced by one fifth if 32 THE NEW CIVICS Why civic duty ordina- rily calls for none but common vir- tues and activities. How civic duties must take prece- dence of ordi- nary obliga- tions. Public spirit and high standards to-day. business methods were used. A prominent politician declared that he could run our national government for $300,000,000 a year less than was actually being expended. Even if we do not admit that he could, we must agree that we wish aJl possible economy and efficiency in our governments. 31. Civic Duty. — Civic duty is not necessarily something outside of our everyday afairs, nor does it involve for most of us any but common virtues. Ordinarily it does not consist in public display or in prominence among men. It is chiefly a matter of well-learned lessons, of honest work, of careful expenditure, and of upright living. Yet civic duty is more than all these, just as the character of any man or woman is more than the sum total of all his or her qualities. It is marked by a spirit of cooperation and mutual helpfulness in pubHc as well as in personal matters. There come times when strict attention to business, usually a very high form of civic duty, is pure selfishness. The voter who is too engrossed in his own affairs, valuable as they may be for him and for society, to vote at the primaries or at elections, is unpatriotic. The citizen who keeps silent when right and justice calls for his support is to be censured for gross civic negHgence. The man who finds his first duty to his home and his work when his country demands his help may be guilty of treason. We must be optimistic and help by " boosting " rather than by *' knocking." Times have changed, but not really for the worse. While temptations for the public man exist now which were unknown in the more primitive days before the Civil War, it can truthfully be said that the general standards of pubUc Hf e and morality are higher at present than they were in the past. The American civic conscience is far from being fully awakened, but it is more active than it was a few decades ago. There is no less honesty and integrity among public serv- ants than in the days of our fathers ; while among the common people there is more intelUgence, less prejudice, and a deeper sympathy for the oppressed. As Professor Moses so force- fully expressed it, ** Humanity is marching steadily uphill." EFFECTS OF GOOD CITIZENSHIP 35 32. Patriotism and Peace. — What is patriotism? What The nature does it include? It may be defined as devotion to the best ofpatnotism. interests of one's country. It is a thing of peace rather than of war. It is a matter of everyday obHgations, of honor, and of uprightness (§§ 27-31) rather than of crises and of miUtary strategy. Subordination of personal wishes to the general welfare is necessarily one of its requirements, for the good of all is more important than that of any individual. There is a form of national patriotism which is simply Survivals of a survival from the late Middle Ages, when the king, becom- fifteenth cen- ing absolute, fought against barons and dukes, once all- ^^^^ powerful. This was a military, anti-feudal patriotism which found its expression in overthrowing the rule of the nobles, and in warfare for the king. It fed on race hatred and national jealousy. The survival of that patriotism has helped in recent years to drench Europe with blood. In this country, not many years ago, some people placed National allegiance to a state above that to the nation. History has patriotism, . T . 1 1 1 T , . ^ 1 .its impor- smce decided that loyalty to a state must yield to national tance and loyalty ; and, although history is not likely to decide soon that its Umita- loyalty to a nation is below that to a great World State, nevertheless there is danger that we may fail to do what is best for our own beloved land, because in our enthusiasm we make the mistake of thinking that our country, whether right or wrong, must be unswervingly upheld, when no national honor but the rights of others are involved. On the other hand, care should be taken not to minimize the value of con- stant and earnest allegiance to the United States and all that our flag represents. General References Dole, The American Citizen, Part I. Baldwin, The Relations of Education to Citizenship. King, Education for Social Efficiency. Dewey, The School and Society. Snedden, The Problem of Vocational Education^ Jenks, Citizenship and the Schools. 34 THE NEW CIVICS Topics Vocational Education: Howe, C. B., in Manual Training Maga- zine, 14 (1912), 105-114; Review of Reviews, 50 (1914), 195-211; Cooley, E. G., in Educational Review, 44 (191 2), 433-450; Curtis, J. W., in Manual Training Magazine, 15 (1913), 89-104. Student Government in School : Welling, R., in National Educa- tion Association (1911), 1005-1009; Kiernan, ¥.,10. Craftsman, 26 (1914), 626-630; Leupp, F. E., in Scrihner's Magazine, 54 (1913), 388-394; Abercrombie, D. W., in Education, 33 (1913), 289-299; Bureau of Edu- cation, 1915, Bulletin 8: 7-31. Studies 1. Finding a home for a child. Fearing, A., in World's Work, 28 (1914), 192-197. 2. Mothers' pensions and the home. Craiger, S. M., in Review of Reviews, 52 (1915), 81-84. 3. Junior citizenship in the home. Hill, Mabel, in Home Progress, 2 (1913), 14-20. 4. Practical work in school. Burton, C. P., in Technical World, 21 (1914), 724-729- 5. The truant ofl&cer and his work. Fieser, J. L., in Educational Review, 43 (191 2), 80-85. 6. The George Junior Republic. Hart (ed.), Preventive Treatment of Neglected Children, 42-49. 7. The school and social progress. Dewey, The School and Society, 19-44. 8. Shaping education to citizenship. Baldwin, The Relations of Education to Citizenship, 27-54. 9. Training for citizenship. Munroe, New Demands in Education, 156-171; Jenks, Citizenship and the Schools, 3-37, 75-95. 10. How to overcome the obstacles to good citizenship. Bryce, Hindrances to Good Citizenship, 105-134. 11. High schools and civic development. Hamilton, W. J., in American City, 10 (19 14), 58-63. 12. Work of the New York Bureau of Municipal Research. Hopkins, G. B., in Annals of the American Academy, 41 (1912), 235-244. 13. Business men's cooperation in city government. Bruere, The New City Government, 384-400. 14. Higher patriotism. Hibben, J. G., in North American Review, 201 (1915), 702-709. Questions I. Show why civic training must begin in the home. Explain in what ways the home teaches lessons in cooperation and in civic re- sponsibility. EDUCATION OF THE CITIZEN 35 2. Show that obedience for a little child means simply the carrying out of some injunction made by another person ; that obedience for the youth involves at least a little thought and judgment on the part of the youth ; and that obedience in an adult is usually a matter of using common sense and standing by principles. 3. Why should education in the United States be free and pub- lic? Why, then, doesn't the nation owe an education to us as in- dividuals ? 4. What are the chief objects of education? To what extent is general education necessary? In what degree does technical training fail to meet all of the best requirements of civic education? 5. Mention four ways in which the schoolroom or the school grounds give experience in real citizenship. 6. Is your school an organization ? If so, does it need any authority ? Does it need any rules and regulations? Would it be wise for the prin- cipal or faculty to delegate any of their authority to a student or to the student body, unless the student or student body knew how to use that authority right, and did use it successfully? 7. Under what circumstances or conditions might it be advisable, for the good of the school, that some of the authority or discipline exer- cised by the faculty should be shared with the student body? (Con- sider experience and character of students, willingness to accept full responsibility for work assigned to them, ability to maintain the high standards of the school, etc.) 8. Show how real self-government in any high school depends far more on the cooperation of students and faculty than it does on the forms of self-government. 9. Is it possible or desirable to have tests or examinations unsuper- vised by teachers, unless (i) every student who takes the test is really honest, and therefore refrains from cheating or gaining help in any way, or unless (2) the class as a whole assumes responsibility for every mem- ber and punishes those who cheat or try to cheat? Is any other alter- native fair to the students who try to do the square and honest thing? Discuss the problems suggested in questions 9, 10, and 11. 10. How can the best work in history or civics be done by any class unless every student does absolutely honest work? Show that the best methods cannot be used if a student copies note- book work which he is supposed to do for himself, if his outside reading is done less thoroughly than he pretends that he has done it, or if he gets an unfair amount of help on written reports that are presumably his own work. 11. From the questions given above is it not clear that every school has a very great amount of self-government? Show that every student has innumerable opportunities to prove himself a good (school) citizen. Show that in school, and probably in later life, the truest 36 THE NEW CIVICS foundation of citizenship is character, and that plain honesty is one of the most important elements of character. 12. Why is a vocation desirable for any adult citizen? Why does any one in business or any one who has any dealings with others need standards as well as ideals ? Discuss the problem of the duty which an employee has to his employer, to society, and to himself. Is it selfish to be true to oneself first? 13. What is the place taken in character by self-control, by honesty, by knowledge, by ability? What is the difference between information, knowledge, and wisdom? 14. Why must a voting or active American citizen be well informed, fair minded, and optimistic ? Why does duty to the largest group which has been politically organized by the nation, Le. the nation itself, take precedence of duty to the next largest group, the state (commonwealth), or to numerous smaller groups, social or economic? 15. Is it possible that there is more patriotism to day than there was a century and a quarter ago? Why do we say that the standards of public morality are higher than they were? CHAPTER III THE AMERICAN NATION Geographical Elements 33. Different Conditions in the Geographical Areas of the Six different United States. — The preparation of the citizen for his work geographical . . areas. as a member of the American nation would be incomplete if he failed to consider briefly some important American conditions or neglected to make a short study of American civic organization, economic and social as well as political. The American nation is a complete society of more than a hundred million men, women, and children. These people live within one of six geographical areas : (i) the Atlantic slope from the Alleghany Mountains to the Atlantic Ocean, (2) the Gulf slope (exclusive of the Mississippi basin), (3) the Missis- sippi basin, (4) the Great Lake basin, (5) the Cordilleran or Rocky Mountain basin, and (6) the Pacific slope. Each of these geographical divisions has certain advantages Geographical as the home of a people, but a comparison of the populations advantages of different areas shows very quickly that the Atlantic slope, as homes, the Great Lake basin, and the Mississippi basin surpass all others. They are closer than the others to the European con- tinent from which the American people or their ancestors came. The first contains most of the good harbors of the American coast, the second includes the only large bodies of water on the American continent, and the third comprises the largest and finest river system in the world, with the pos- sible exception of the Amazon basin. Moreover, all lie in the central part of the north temperate zone, the best area for homes to be found anywhere on the globe. 37 3S THE NEW CIVICS Commercial centers on Atlantic harbors Centers at interior com- mercial "cross- roads." Why com- mercial cen- ters are also noted for manufac- turing. 34. Commercial Areas. — If we consider the distribution of the people by occupation (§§ 40-42), we are impressed at once by the fact that about a quarter of our people reside within a few great centers of population and that another quarter live in about a thousand smaller cities. These people, of course, are engaged in commerce or industry. The fine harbors of the north Atlantic slope have brought together large groups, en- gaged in trade with Europe on the one hand, or with inland cities on the other. Numerous railways furnish quick trans- portation from the interior of the con- tinent to the At- lantic coast. New York was not much larger than Boston or Philadelphia be- fore the Erie Canal gave it more direct commercial com- munication with the West. Later even the railways could not make either of the other cities equal to New York. Second only to the commercial population centers of the north Atlantic coast are those of the Great Lake basin and, to a less extent, those of the Mississippi basin. For exam- ple, Buffalo, Detroit, Chicago, St. Louis, and Kansas City are located at commercially important crossroads. 35. Industrial Areas. — Everywhere the exchange of com- modities is accompanied to some extent by the manufacture of raw materials into finished products. Commercial cities have rather exceptional opportunities to reach materials and markets, and there is as much profit to merchants in improv- ing the goods to be sold as there is in the sale of the goods PROPOSED HARBOR JAMAICA BAY IMPROVEKEKT CourUsy of YToelk's Work. GEOGRAPHY OF THE AMERICAN NATION 39 themselves. In commercial cities which give employment to heads of families numerous younger members of families are to be found who are free to work in shops or factories. In consequence, most commercial cities are also noted for manu- facturing. New York and Chicago are not only our chief commercial centers ; they lead in manufactures as well. Although manufacturing and commerce go hand in hand, Dependence some cities are more distinctively industrial than commercial. ^^ industrial - . , , • 1 !• 1 centers on If a City has access to cheap water power, either directly or raw ma- by electricity, if it is near some raw material, as Minneapolis terials. is near fine wheat fields or Omaha is close to lands on which cattle or hogs are raised, it has advantages over all com- petitors and becomes a great industrial city. Even when near-by supplies are partially exhausted, if transportation charges are reasonable, the city still leads in its own line, as Pittsburgh does in the steel industries. Newer industrial cities, such as Birmingham and Gary, are likely, however, to be built nearer the source of raw materials. 36. Agricultural Areas. — The dependence of commerce and Agricultural industry on agriculture is shown by the fact that we judge development prosperity far more by the success or failure of the crops than bilities^of'the we do by the total output of the factories or by the volume of Mississippi our foreign trade. " Agriculture in turn is far more closely ^^^^^* 40 THE NEW CIVICS dependent on nature than is any other occupation. Good soil is the first essential, but good soil is of little value without the proper amount of heat and moisture. In no other spot on the globe is there so much rich arable land as we have in the Mississippi Valley. Almost every variety of grain can be grown there, except on the dry plains close to the slope of the Rocky Mountains. In spite of the improvements wrought by the beginnings of scientific agriculture, we have not yet begun to realize the magnificent possibilities of this great ittli9lt — ~~~^??L y^ . ., 1 V- i i ■ § c /^»^^^^^ ^R ^r \ ^°f^4i^"-i&-"-^ >2 i J= — — id 1 £ ANNUAL VALUE OF FARM CROPS, 1909 ^ — .£X 1 Value »30m. to ?10Om. Value »10Om. to J200m Value more than !200m. ^H ^H Extent of our agricultural resources. region. Think of the population which these central states alone will support when better conservation of water, greater knowledge of soils, more careful selection of seeds, and more intensive cultivation of crops become the rule, not the excep- tion ! Other arable land in this country is not to be despised. From the orchards of the stony New England hillsides to the burning sands of Imperial Valley cotton fields we are using not only the bounties which nature has given us, but we are learning her secrets. If we stop destroying our magnificent forests, we shall not lack agricultural wealth of all kinds, GEOGRAPHY OF THE AMERICAN NATION 41 except those which are distinctively tropical, and our soil will continue to furnish us wealth, prosperity, and opportunities for great progress. 37. Minerals and Water Power. — No other country in Our exten. the world, unless it be China, is so fortunate in the possession ^^^® mineral resources. of valuable minerals. Only by the grossest neglect or misuse of our mineral deposits shall we fail to be the richest nation on the globe. In every section and in almost every state there are fields of coal. Iron ore is abundant, although less widely A Large Water Power Plant. distributed. Every year the earth gives up large quantities of silver and gold, copper and lead, petroleum and natural gas. Of most of these the supply seems almost inexhaustible. One other resource, " white coal," that is, our water power, is of constantly recurring value. If we can harness our floods and make much more uniform the flow of waters in our rivers, we shall gain an invaluable supply of power for the future. 38. Geography and the Future of the American People. — As the American nation develops from an agricultural people to an industrial society, as we substitute for the simple life of our forefathers the complex existence of to-day, the Value of our water powers. The problem. 42 THE NEW CIVICS Need of bet- ter use of resources in the future. International opportuni- ties which come from our geo- graphical lo- cation. question arises, how will the effect of geography be different to-morrow from what it was yesterday or what it is to-day ? Because we seem less dependent on the land, shall we make less important use of the soil, the rivers, and the har- bors ; shall we find less valuable the location of our country ? Certainly food supplies will not be obtained so easily as in the past, for the amount of arable land is limited, and the time will surely come when not one hundred millions but many times that number will inhabit this country. That would increase our dependence on the soil rather than lessen it. With increasing density of population more careful use must be made of natural resources or opportunities. Fields that once were despised must be brought under cultivation, rivers that are navigable but a few weeks in a year must transport commodities from producer to consumer, and harbor fronts that have been lined with poor docks must be replanned to accommodate the growing commerce. In relation to the outside world, the destiny of America is largely predetermined by the possession of the fine Missis- sippi basin and the location of the country in the north temperate zone between the Atlantic and the Pacific oceans- No other country possesses or can possess equal advantages or opportunities. Whether we shall ever enjoy fully the eminence to which we seem destined by nature depends very much upon our ability to work out the larger problems of social citizenship; not those of the individual citizen, but those of the American people as a society. Our failure as a nation to gain and to make use of the three fundamentals of true success — character, knowledge, efficiency — alone should prevent us from taking our rightful place in the world of the future. The People of the United States 39. Population, Past and Present. — In the history of nations there is no instance of a growth of population as rapid as that which has occurred in the United States. In all PEOPLE OF THE UNITED STATES 43 history there is no instance of such wholesale migration as Three great has taken place from Europe to America in the last three a^^^eve- . TT' • • 1 ments of quarters of a century. History cannot pomt out a smgle growth, mi- example of one people assimilating so rapidly and completely gration, and a mass of immigrants only slightly less numerous than its own ^^^^^^ ^^°^* population. When the American people in 1776 declared their independ- Rapid ence of Great Britain, they numbered but two and a half s^^^wth of •11- rill r • rr-i -I American millions, one of the least populous of nations. To-day more population, than one hundred million people live in the continental United States, besides ten millions more in outlying possessions. From 1700 to 1825, the population doubled every quarter of a century, with comparatively little immigration. Since the Civil War, even with an average immigration of four hundred thousand a year, the increase has been much less rapid. 40. Distribution of Population Geographically. — The Effect of very uneven distribution of population in the United States cUmatic con- is due to natural causes and to industrial opportunities, which in turn are dependent largely on natural conditions. People avoid those areas which are unhealthy or subject to extremes. If the temperature of a section is too hot or too cold, if the rainfall is excessive or very limited, if the country is swampy or mountainous, the population of that area is relatively small. People seek normal climatic conditions} It would seem as though rainfall did not have a very im- Effect of portant effect on the distribution of population, except upon ramfall on , , . . , , , .. \ • 1 distribution. those engaged m agriculture, but this is apparently a mistake. More than three fourths of all Americans live in regions of normal rainfall, from 30 to 50 inches annually. Urban as well as rural populations find the most healthful chmate where there is a normal rainfall, just as farmers prefer it because it gives better crops. A comparison of the lines of temperature in Europe and in Effect of America discloses the fact that, although Europe is farther temperature. 1 Although we find varying altitudes in the United States, from a point some- what below the level of the sea to 5000 feet above that level, nearly three fourths of the people live on land that is from 100 feet to 1000 feet above sea level; another one sixth reside in coast cities which are less than 100 feet above the sea. 44 rHE NEW CIVICS north, the temperatures are much the same. Since we have a more distinctively continental area, we have a more marked continental climate with hotter summers and colder winters than prevail in western or central Europe.^ Urban popu- 41. Distribution of Population Industrially. — So rapidly ^^°°* have American cities grown, especially during the last half century, that, although in 1885 but one third of our people lived in cities, to-day more than one half of our population is urban. In New England only one person in six lives in the country; in the middle Atlantic states three out of every four are in cities, while in the north central states east of the Mississippi River and on the Pacific coast considerably more than half make some city their home. A comparison of these data with the commercial and industrial areas given above (§§ 34-35) shows that business is the chief cause of the growth of cities. Distribution In spite of the growth of cities more people are engaged of popula- jn the fundamental business of agriculture than in any other patbn^°^^"" profitable or lucrative pursuit. The number equals more than one eighth of our total population and nearly one third . of all workers. Second comes the number employed in manufacturing, transforming into finished products the raw materials from farm or mine. The percentage of those en- gaged in manufacturing is increasing constantly. Transporta- tion and trade need the services of more than six million persons, nearly one sixth of the total. Almost as many are employed in clerical, domestic, or personal service. In the professions there are nearly two million persons, more than one third of them school teachers. Problems 42. Distribution of Population by Races. — It is probably growing out unnecessary to know whether the parents and grandparents race°dvfsters. ^^ ^^^ citizen were Americans or immigrants; it is enough ^ An interesting study has been made by a professor in Yale University who seeks to show the relation existing between climate and civilization. His re- searches lead him to the conclusion that the best physical work is done at a temperature of from 55° to 65° and the best mental work when the outside temperature is about 45°. (Huntington on civilization and climate, Harper's Magazine, 130 (1915), 946.) PEOPLE OF THE UNITED STATES 45 Definition of term nation. that the citizen is an American. It is quite essential, on the other hand, that we know to what extent the population of any state or city is foreign rather than American. This knowledge is demanded for the solution of the problems of unifying the nation and of avoiding difficulties which grow out of radically different race ideals, standards, and methods. During the late nineteenth century most of the immigrants Location of settled on farms in the Middle West or Northwest, but since immigrants. 1890 comparatively few have found work outside of the cities of the northeastern and north central states} As a consequence, in 1 9 10, nearly 85 per cent of the people of foreign birth in the United States were in one of those two groups of states.2 We find further that three states, New York, New Jersey, and Pennsylvania, have absorbed more than half of the total number of immigrants who have come to the United States since the beginning of the present century.^ 43. Original Racial Elements. — Let us examine some of the older and newer racial elements which make up the American nation, after we have noted the meaning of the term ^' nation." A nation is a great group of people, hving under a ^ One is impressed at once by the connection that must exist between the new American and the cities. It cannot be an accident that the commercial and industrial centers have attracted foreigners and that many distinctively rural states have a very large native population. From that point of view our large cities are the least " American " of our communities. For example, in Manhattan borough, New York City, less than fifteen per cent of the people are native whites both of whose parents were bom in America. In Greater New York and Chicago the percentage of these older Americans is only twenty. That is, only one person in five in each of our two largest cities is descended from people who lived in America at the close of the Civil War. 2 The only states that have fewer than ten per cent of their population of foreign birth or foreign parentage are south of the Potomac and Ohio rivers and east of the Mississippi, with the exception of Arkansas. On the contrary, these states and two or three others have a negro population of from thirty-five to fifty-five per cent. 2 In five of the original thirteen states more than sixty per cent of the people are foreign born or of foreign parentage. These states, in which the Puritans and other early settlers have been outnumbered, extend from Massachusetts to New Jersey. In one of them, Rhode Island, the people of native parentage are exceeded in numbers not only by those native-bom Americans of foreign par- entage but by foreigners as well. Another area in which the inhabitants of native parentage form less than forty per cent of the population extends from Cleveland, Ohio, to the eastern borders of Montana. 46 THE NEW CIVICS People of English race in early America. Non-Eng- lish elements in early America. Formation of the Ameri' can race in the West. single government and independent of all other peoples, who have the same ideas regarding all fundamental questions. It is usually made up of peoples of different races and origins, and they form a nation only when they are merged into a united society. We sometimes hear the American people called an Anglo- Saxon race. The reason, of course, is that English ideas and people of English blood predominated during colonial times and the early national period. Even assuming that the English people are ^' Anglo-Saxon," a proposition denied by many authorities, should the name be applied to Ameri- cans ? A sUght examination of the racial elements that have made up our population in our early history and in recent years gives us a very decisive answer. The American nation is not Anglo-Saxon in any real sense. Our ancestors who fought the Revolutionary War were chiefly descendants of Englishmen that had emigrated to the American colonies during the seventeenth century. But in 1776 about one quarter of the total white population of the United States was not English at all. The Scotch Irish Americans of that period outnumbered all other European whites, their ancestors having come from the British Isles after 1700. There were a number of French Huguenots, descend- ants of early Dutch and Swedish settlers, and many Germans. Nearly one quarter of the people were negro slaves. During the first half of the nineteenth century, when people from the Atlantic slope poured into the Mississippi Valley and each western state united people from several eastern states, there was formed t]ie, first really American race. These people were not colonials, nor were they provincial in their ideas; they were Americans. Lowell well calls Lin- coln the greatest of this t3^e : The kindly-earnest, brave, foreseeing man, Sagacious, patient, dreading praise, not blame, New birth of our new soil, the first American. 44. Early Nineteenth Century Immigration. — Cheap land, manhood suffrage, and comparative social equality in the PEOPLE OF THE UNITED STATES 47 1,300,000 ~ ~ ~ ~1 ~ "1 ~ ~ - ~ ~ - ~ — — \ 1.200,000 1,100,000 1 / i 1,000,000 ! 900,000 1 ' \ 800,000 1 ' ( ,1 .700,000 / ' 1 y 600,000 \ \ 600,000 1 / / V '400,000 A \ \ 1 \ 600,000 \ / ;^ 1 >. 200,000 \ 100,000 V 1864 187.0 1910 United States proved great attractions to Europeans during the nineteenth century.^ The first great migration did not begin, however, until conditions in Europe made emigration desirable. In other words, the expelling forces of Europe were a more important cause of migration than were the impelling forces of America. In 1845 and for several years subsequent the potato crop failed in Ireland. As this had been the chief food of the people, large numbers were forced to leave the island. Naturally they came to America. There were only a quarter of a million Irish immigrants from 1820 to 1840, but the total number rose to more than three milhons in the next haK century. In 1848 the revolutions in central Europe failed. There- after multitudes of young German liberals, subject to arrest at home or hopeless of democracy in their own country, flocked to America. In the five decades from 1848 to 1898 more than four and a half million Germans found their way to America. In the last half of the nineteenth cen- tury more than three million and a half Englishmen and Canadians migrated to the United States. Since 1865, nearly as many Scandinavians have come to our shores. Thus in a little more than fifty years four nations sent us more white people than we had in the whole United States in 1840. ^ In few localities excepting the mountain districts of the South do the descendants of the earliest settlers constitute the whole population. In the Southern states far more than in any other section the people of to-day are predominantly of colonial descent, for immigration has not greatly aflFected the South. 1880 1890 1900 IMMIGRATION (1864-1914J Immigration from Ireland after the po- tato famines of 1845-1848 Immigration from Ger- many and Scandinavia. 48 THE NEW CIVICS Extensive immigration from south- ern and east- ern Europe. 45. Recent Immigration. — By 1890, the old immigration from western, central, and northern Europe had declined greatly, but from southern and eastern Europe came still larger numbers, especially Italians, Austrians, and Russians. In 1907, the total reached 1,285,349. That is, at the close of that year, about one person in eighty within the United States was a newly arrived immigrant. By 1916, the number of Austro-Hungarian immigrants exceeded the total immigra- tion from Ireland, that of Italy was little less than the number BORN IN SPECIFIED COUNTRY NATIVE-BOTH PARENTS BORN IN SPECIFIED COUNTRY NATIVE-ONE PARENT BORN IN SPECIFIED COUNTRY, OTHEB (N UNITED STATES Foreign White Stock by Principal Countries of Origin, 1910. Results of recent im- migration. from Germany, and that from Russia almost equaled the nineteenth century exodus of Englishmen and Canadians to the United States. Into the causes of recent immigration we will not have time to inquire. We must, however, notice the fact that illiteracy has been much more common among these recent immigrants than it was among their nineteenth century predecessors from central and northern Europe. Recent arrivals have been neither Celtic nor Teutonic, as were the early settlers in this country and the immigrants until about a quarter century ago. They have lower standards of living, practically no experience in self-government, and probably less capacity for self-government than the earlier immigrants. Where they are birds of passage, coming for a season to return with their savings, they add little and subtract much from American RACIAL PROBLEMS 49 welfare. If they remain, they usually prove desirable citi- zens, if they become citizens, which many of them do not. Racial Problems 46. Economic Effects of Immigration. — Nearly twenty- two million immigrants came to America from 1848 to 191 9. As the proportion of men is larger among immigrants than in any ordinary population, immigration has added greatly to the supply of labor, especially of unskilled labor, in the United States. Having settled in comparatively few locali- ties, the immigrants have caused an oversupply of labor in the northeastern states. Undoubtedly they have displaced a large amount of American labor. Some of the displaced workers have been forced upward into occupations requiring more skill and intelligence, some have been forced to toil in competition with newly arrived immigrants at a lower wage than formerly, and some have been forced out altogether into the ranks of the unemployed. Undoubtedly we have needed a large part of this supply of labor. Crude construction work would have been completed more slowly but for cheap foreign labor. It has been esti- mated that every able-bodied foreign workman who has come into the United States has been worth at least one thousand dollars to us, but immigration has '.ncreased unemployment, and it has lowered both wages and standards of living. Problems have recently arisen because most of the immi- grants have had no experience in self-government and belong to different racial stocks from the Americans who founded our republic. Unscrupulous politicians have gained control over large groups of ignorant, easily led foreigners. Such abuses are now prevented by better immigration laws, and by stricter administration of the process of naturaliza- tion. If a foreigner wishes to become an American citizen, he must first declare his intention of doing so before a federal or state court which keeps records. If he has resided in the United States a period of five years, and is at least eighteen years of age, he may then go to a similar court of record and Displace- ment of labor by immi- grants. Need of crude labor in the United States. Political results and process of naturaliza- tion. so THE NEW CIVICS Immigration and crime. Pauperism among im- migrants. Illiteracy among im- migrants. History and present laws. get his papers, as already explained (page 4, n. i). He must make his application at least ninety days before his papers are granted him, but cannot receive them within thirty days before an election. Great care is exercised to see that he will be a desirable citizen. 47. Some Social Effects of Immigration. — In spite of laws which have sought to limit the immigration of those who might become public charges, we find that immigration has added to the amount of crime, poverty, insanity, and illit- eracy in the United States. We learn, for example, that al- though persons of foreign birth or foreign parentage number only one third of the total population, less than one half of the crimes traceable to white persons are committed by native-born Americans. The figures for poverty are more startling. In 1890, for example, although only fifteen per cent of the American people were foreign born, immigrants formed forty per cent of the paupers receiving public aid. When we consider that many of these paupers are also insane and that the cost of caring for the foreign insane and paupers in the single state of New York amounts to more than $20,000,000 a year, we can see how great a burden has been placed upon the American people by the migration of these misfit or unfit members of society. Among native white people of the United States there is much less illiteracy to-day than there was a quarter of a century ago. It is interesting to note that ilhteracy is low- est among the native white people of foreign parentage. Only about one per cent of the children of immigrants over ten years of age are unable to read or write. On the con- trary, so many illiterate immigrants have come to America during the last twenty-five years that nearly thirteen per cent of the foreign born white people are unable to read. 48. Restriction of Immigration. — In 1864, Congress cre- ated the office of immigration commissioner, for the purpose of looking after immigrants. It was not until 1882, however, that any law was made for the exclusion of foreigners. Since RACIAL PROBLEMS 51 that year convicts, idiots, and persons likely to become public charges have been excluded. In 1884, Congress for- bade the admission of aliens who had contracted to work in competition with American labor. In the Hst of undesir- ables Congress more recently included anarchists, convicts, and those with contagious diseases, including tuberculosis.^ II. ! r»-fi ^ mm.% ,; I; ^ 1' I © Underwood and Underwood. Examining the Eyes of Immigrants. It has been suggested that we should exclude large classes of those who are ignorant, unskilled, or undesirable, because they maintain a low, un-American standard of living. An Immigration Commission published four large volumes of evidence which it gathered on this subject. Based to some extent on its recommendations, efforts have been made to limit immigration, chiefly through the use of a Hteracy test. ^ If a steamship line brings one of these forbidden aliens to our shores, it is required to give that person return passage. This law, helps to account for the fact that the number of excluded ahens has never risen above one per cent of those seeking admission to the coimtry. Proposed further re striction. 5^ THE NEW CIVICS Need of homogeneity and national ideals and ideas. Ways in which racial homogeneity may be ob- tained. Illiterates above the age of sixteen, except wives or depend- ent parents of immigrants, are excluded by the law of 1917.^ 49. Immigration and Homogeneity. — The racial diver- sity of the American people is not an undesirable character- istic. If we study history, including that of our own coun- try, we find that mixed races are usually the best if the races that have intermarried were much alike} While we do not want and cannot afford to have race clusters in our midst, we do not want uniformity so much as we need homogeneity. We do not want all people to be alike or to think alike, but we must not have radically different ideas and standards, if those standards or ideals affect civic development. Aside from the negro problem, race problems may be avoided or solved in one of two ways, (i) We may avoid them by prohibiting or limiting the immigration of persons of any race who do not care to become Americans or who cannot adopt American ways, accept American standards of living, and become Americans. (2) We may solve them by extending to foreigners, soon after their arrival in America, American rights and privileges which they will desire and prize. In this way we may avoid the formation of true race clusters. Yet we must see that the rights and privileges are earned and appreciated in order that American citizenship 1 The subject of oriental immigration is important on the Pacific coast, not because of the numbers of Chinese or Japanese, but because of their low standard of living, their extraordinary industry, and the difference between the oriental mind and temperament and that of the average American. The compe- tition of Chinese on the Pacific coast during the '70's was such that riots occurred in Los Angeles and the Sandlot riots took place in San Francisco. Between 1882 and 1894, Congress passed a series of laws excluding Chinese coolies, and providing for drastic means of enforcing these regulations. Since the opening of the twentieth century, the competition of Japanese laborers in California has produced agitation against the ownership of land by Japanese. A "gentle- men's agreement," arranged by Secretary Root and the Japanese govern- ment, has stopped the immigration of Japanese coolies to the United States. The problem is a racial issue quite as much as an economic problem. 2 We find also that the civilization of the mixed races and of the peoples who lived on the highways between well-developed civilizations which were more or less alike were often better than more isolated civilizations. With all its faults humanity is looking for new and better ways of living and thinking. The com- ing together of two civilizations not too dissimilar has given opportunity to take at least some of the best in each. RACIAL PROBLEMS 53 shall not be cheapened, in order that the real Americaniza- tion of the immigrant shall not be delayed. Real assimilation must be social. So long as we had abun- old methods dant farm land, it was easy to make the immigrant identify ^! assimila- , . 1 r • 1 1 1 1 r 1 • 1 • rm • i tlOIl thrOUgh himself with the land of his adoption. That is no longer cheap land possible in the same way. We must depend on education, must be re- especially on free public schools which make no distinction g^ucltion of persons ; on business, which makes the immigrant a useful, and by busi- necessary worker and consumer in the community; and on ^^ssand ^opifil inter" social intercourse. The immigrant may not understand us course. * very well and may learn our language imperfectly, but he should be compelled to use it rather than his native tongue. Certainly it is our fault as well as his if his children are foreigners rather than Americans. We need not fear for the racial future of our country so long as the child of Euro- pean parents loves the flag, longs to become a voter, and boasts of the fact that he is an American. Such a course of action is good for him ; it is not less good for us. In these days of unrest we need a great deal of American- Problems ization. The problem is especially complex with the adult of Amen- immigrants; but it is exceedingly difficult also with their children, and with the second generation. It is a problem, however, not chiefly for immigrants but for all ; for none of us know too well the meaning and the importance of American ideals, past and present. We must find those forms of civic organization which permit the greatest initiative and per- sonal independence. We must work out practical schemes of cooperation, self-control, and self -direction. The best of America must be studied and developed and kept, in order that America's future may be safe. General References Ellwood, Sociology and Modern Social Problems. Bullock, Introduction to Study of Economics, 11-29. Wright, Practical Sociology, Chaps. II-IV, VII, VIII. Commons, Races and Immigrants in America, 1-38, 63-106. Hall, Immigration, 3-198. Ross, The Old World in the New, 54 THE NEW CIVICS Hamilton (ed.), Current Economic Problems, IX. Marshall, Wright, and Field (eds.). Materials for the Sttidy of Elemen- tary Economics, 58-156. Topics The Port of New York, and Jamaica Bay Improvement: Scientific American, 103 (1910), 9 ; Eaton, W. P., in Scrihner^s Magazine, 49 (1911), 129-141; Brinton, W. C, in Review of Reviews, 49 (1914), 577-586 ; Ramage, B. J., in Review of Reviews, 49 (1914), 449-461. Economic Effects of Immigration : Mayo-Smith, Emigration and Immigration, gs-146; Hsdl, Immigration, 1 21-138; Fa.irch.\\d, Immigra- tion, 213-273; Jenks and Lauck, The Immigration Problem, 135-197; Hourwich, Immigration and Labor, 284-317; Wolfe, Readings in Social Problems, 264-321. Social Results of Immigration: Mayo-Smith, Emigration and Immigration, 147-167; Wolfe, Readings in Social Problems, 330-371; Hall, Immigration, 139-182; Ross, The Old World in the NeWj 228-256. Studies 1. Geography of the United States (with especial reference to early colonization). Ashley, American History, 2-11. 2. Where people live. Wright, Practical Sociology, 26-32. 3. Climatic conditions which are most favorable to thought and the development of civilization. Huntington, E., in Harper's Magazine, 130 (1915), 233-244, 367-373, 943-951. 4. Pittsburgh as a steel center. Hungerford, Personality of Ameri- can Cities, 1 71-184. 5. Wheat raising in a western state. Welliver, J. C, in Technical World, 17 (1912), 124-136. 6. Our coal resources. Mitchell, G. E., in Review of Reviews, 41 (1910), 193-204. 7. Our recent immigrants. Wame, The Immigrant Invasion, 53-67, 20<>-2l8. 8. Geographical distribution of immigrants. Wame, The Immigrant Invasion, 68-89, 1 13-126. 9. The Scotch Irish in America. Ford, The Scotch Irish in America, 520-540. 10. The Germans. Ross, The Old World in the New, 46-66. 11. The Scandinavians. Babcock, The Scandinavian Element in the United States, 66-105. 12. The Irish-American as a citizen. Smith, J., in New England Magazine, 47 (1912), 257-273. 13. The Italians in this country. Ross, The Old World in the New, 95-119- RACIAL PROBLEMS 55 14. New Slav citizens. Ross, The Old World in the New, 120-140. 15. Hebrews from eastern Europe. Ross, The Old World in the New, 143-167. Questions 1. Name the three most important geographical divisions in the United States, giving distinguishing characteristics of each. Under what conditions of altitude, rainfall, and temperature do most of the American people live ? 2. Why are part of the North Atlantic coast and a strip across the Great Lake basin our most important commercial areas? Why are they also very important industrial areas? (On the last question consider facilities for transportation, surplus capital, surplus supply of labor, etc.) 3. Draw a map showing the different important agricultural areas. Locate on the same map deposits of the four most important minerals. 4. Show how geography (natural resources) affects our wealth and prosperity. Show how geography (location) affects our future position among nations. 5. Copy in your notebook the diagram given on page 48. If less than half of our present population is English, does that make it impossible to have a successful representative Republic? What per- centage of our white population came from other countries than Great Britain and Ireland, Germany, and Scandinavia? 6. Should immigration be restricted much more radically than at present? If so, by what means and to what extent? What are the most important objections to immigration; economic objections, social evils, political dangers? 7. Investigate the racial composition of your state and of your city. How rapidly has the population grown and how much has it changed in the last 20 years? in the last 50 years? (Consider races and percentage of city population. Use Statistical Abstract, Abstract of Census, or World Almanac.) 8. Was it easier to perform all one's civic duties a century ago than it is to-day ? Why is it worth more to do so to-day ? What difference does it make in our scheme of government and society that most men have become employees and renters, instead of being independent workers and owners? 9. Is economic equality necessarily a characteristic of the best and highest form of business organization ? How may the disappearance of economic equality affect political equality and the rule of the whole people? If democracy cannot solve those problems which less popular governments in other nations are solving, must we modify our form of government? If a method used by a popular government, after a fair and a long trial, proves a failure, should it not be abandoned for a better method, even though the latter is less democratic? CHAPTER IV CIVIC ORGANIZATION Social Organization The first need of organization. Integration and differ- entiation. 50. Rudimentary and Complex Organizations. — As we noticed in the first chapter, organization grows out of needs. If needs are few and simple, organization is correspondingly simple. If the group is large, and if its needs are exceed- ingly numerous and varied, its organization should be cor- respondingly complex. Otherwise the first object of organi- zation, that is, adaptation of structure to function^ is not met. In the physical world and in the social world we find small, undeveloped organisms ^ and organizations. In prim- itive times the patriarch made such rules as were neces- sary, enforced them, and acted as judge ; this is a rudimentary form, all the work being done by a government without organ- ization. In higher forms of life and in better governments we find that new needs develop new organs : in an animal, the eye to see, the hand to grasp, and the heart to pump blood ; for each government, a law-making body, a group of execu- tive ofiicials, and a set of judges. This process of develop- ing or setting aside one organ for its work is called differen- tiation.^ It is the first step in the development of an organ- ism or organization. For the organism or organization, it is of little value to have many organs unless they work together for the good of 1 The unicellular animal such as the amoeba uses part of its jellylike flesh to eat its food by surrounding it, and it moves by extending part of its protoplasm in the direction in which it wishes to go. ^Integration must really precede and accompany dififerentiation. See Gid- dings, The Elements of Sociology, pp. 336-337. 56 SOCIAL ORGANIZATION 57 the whole organism. Too much differentiation may pre- importance vent the development of the organism rather than help it. ^/ coordina- For an organism to have fifty arms would not increase its ation,^and^ef- usefulness ; it would be kept from using its strength in the ficiency. development of other necessary organs. Moreover, the arms would be in one another's way. Along with differen- tiation, then, must go coordination, since the different organs must work together in harmony for the good of the organism or organization which they serve. Perfection of organization is not to be measured by great size, for a small organization which will do the work of a large one is correspondingly better organized ; it has more efficiency. In short, a good or- ganization will be well differentiated, the structure will be perfectly adapted to function, and the parts will work to- gether in perfect coordination so that the organization is efficient. 51, Social Development through Individual and Collective Mankind's Development. — The development of a special organization conquest of u J • u A^ J rv ^1 -^ Itself and may be measured agam by the degree of its control over its of nature, environment. The history of civilization is the story of mankind's conquest of nature and of itself.^ From a con- dition of barbarism, in which hunger and passions led to foraging expeditions, constant warfare, and murder, man has advanced until he has brought many animals and natural forces under his control. Through laws, customs, and government he has made it possible for immense numbers of people to live together without cutting one another's throats at the first pretext. In so far as we have developed our intellects and have Ways in aroused our moral natures, in other words, have gained con- ^^^^ "^jj" 1 T T'i»»i"«iii rr-\ 1 izecl man Has trol over ourselves, we are developing individually. To the developed, extent to which we have made the winds, the soil, the mineral rocks, steam, and electricity our servants, we have, per- sonally and collectively, become civilized and freer from our environment. That we have become more dependent on 1 Modem warfare is an instance of a survival of barbarism in a civilized society. 58 THE NEW CIVICS Giddings's definition of social or- ganization. Need of unity, "like- minded- ness," and solidarity in any true so- cial organ- ization. Economic, political, and social groups. others shows simply that we are but differentiated parts of a highly organized society. 62. The Character of Social Organization. — '' Many of the activities in which individuals combine their efforts are continued or repeated until they become habitual; and the cooperating individuals in these cases sustain relatively permanent relations to one another. Habitual relations of the members of a society to one another, and persistent Jorms of cooperative activity, collectively, are called the Social Organization." ^ As used in this statement social organi- zation includes political and economic organization as well as those permanent relations and activities which we may term distinctively social. It is evident from Professor Giddings's statement that social organization in any real sense can exist only in a well- developed society. ' A group of persons who have come to- gether for a temporary object is never really organized. The members of the group must have '' grown together " by association for many generations. They must have believed in much the same ideas, must have practiced the same ways of doing things, must have fought common ene- mies for a common end, must have developed a really united group with which each member was closely identified. This " like-mindedness " ^ leads not only to the organization of the large group, possibly a nation, but to the organization of smaller groups which make up the nation, e.g. states and communities, agricultural or industrial groups, families and religious bodies. When a group really develops like-minded- ness, it possesses a solidarity which makes it a unit. It may then be said that it is really organized. 63. Forms of Association. — By forms of association we mean those group organizations formed to carry on some special work. When we attempt to classify all of these groups, we find the task one of great difficulty and the ^ Giddings, Descriptive and Historical Sociology, p. 439. ^ " The essential basis of social organization in every stage of its history is like-mindedness, and all social organization is an expression of some mode of like-mindedness in the population." — Giddings, ibid., p. 430. SOCIAL ORGANIZATION 59 results very unsatisfactory. For our purpose we shall di- vide the groups, as we have already done more than once, into three kinds: (i) the economic, which sustain society and make intercommunication possible, (2) the political^ which protect society, regulate its legal affairs, and con- sciously promote its general interests, and (3) the dis- tinctively social, which form the basis of society and look after interests which deal neither with bread and butter nor with government. Some idea of the relationships which we have with groups of which we are members or with those of which we are not was given in section 5. 54. Customs. — Public organizations are made up of The nature people who have permanent relations with one another or °^ customs, who work together over a long period of time. Naturally these people develop ways of thinking alike and similar methods of working out common problems. In other words, they have developed customs, a custom being a form of organization or method of procedure developed by a society in its past and continuing in its later history. Customs are the silent forces, often unconscious, which importance make it possible for the people of any community, state, or oj customs m nation to live together in harmony and work for a common barbarous 01 end.i Among barbarous people there are few laws but civilized, many customs which protect and guide the society. Even to-day we do many things alike, not because we are forced by law to do so, but for the reason that we are accustomed to such methods. History proves that popular government is possible only among those people who have had long prep- aration for self-rule in addition to real capacity for it. In fact, civilization is far more a matter of custom than of law. 55. Institutions. — Institutions are organizations or sets of activities approved by the people of their group as an excellent means of carrying on some social or public work for an object desired by the group. Only the organizations ^ Customs furnish not only the life blood of our organizations, but, if studied, improved, developed, and standardized, they are more than customs; they may become institutions. 6o THE NEW CIVICS How institu- tions are changed and Improved by intelligent collective ac- tion. Social, economic, and political institutions. How experi- ence and in- dividual character limit social development. or activities of large and permanent groups are v usually dignified with the name institutions. They usually grow out of the experience of many people, that is, through cus- tom. But since any society, as well as the individuals of which it is composed, is intelUgent, the group strives constantly to improve its institutions. Through laws and public opinion, by inventions or suggestions of some leader which have been accepted by the society, it changes its institutions, so that they are in the form most desired by the society, in the form in which they do more perfectly the work for which they are designed. Our institutions, then, are those social organizations or activities by which we carry on our work. They ; may be distinctively social, as a family or a public school system or a widespread reUgious belief in the institution of monoga- mous marriage. They may be primarily economic, as the institution of private property, or the factory system, or the railway. They are primarily political if they deal chiefly with law or government, as, for example, certain bodies of legal rights or written constitutions or governments of three departments. They form the real framework, the skeleton, of society to-day. We may change them, if they fail to do our work properly; but they will injure us if we change them unwisely or too abruptly, and destroy us if we attempt to destroy any that are essential to our welfare. 56. Limitations in the Development of Institutions. — Only those institutions can be developed or used by any people for which the people have been prepared by their experience or by the character of their members. The Latin- American republics followed the example of the United States in establishing their independence, but they have failed to make a great success of independence, as we have, first, because their people have not developed individually as much as the average American, and secondly, because they have had only one century's experience in self-government. As EUwood aptly expresses it, " The higher types of social coordination require a corresponding development in the SOCIAL ORGANIZATION 6l iniellige ce and self-control of the individuals concerned. . . . EUwood's If the social organization of any people, accordingly, becomes statement on so comp^'^x that the character and intelUgence of its con- stituent individuals are unable to meet its requirements, then such social organization must disappear and there is a chance that in the process of social dissolution the people or natioi itself may likewise disappear." ^ 67. Limitations to the Development of High School Insti- Conditions tutions. — It should be the aim of any society, however, to ""^^"^ '^^^^^^^ improve its institutions as much as the individual character government of its members will permit. This is as true for schools as it and student is for nations. Some schools have proved that if students !!„"^!^*f°! ^ may be suc- are allowed to control many school afairs, such as the super- cessful. vision of corridors, playgrounds, and study halls, they will succeed (i) if they are capable of self-government and (2) if they are allowed to introduce gradually more and more com- plicated forms of self-direction, as they '' make good " in each form that they try. Sometimes they do well at first, but later, unfortunately, self-government proves less successful. In school and in civic life elsewhere eternal effort is the price of success. Another series of practical problems is encountered in Someeduca- certain work of most or all classes. The school has certain tional in- '* institutions " such as classes, notebooks, and examinations, which we In every school these questions should be asked : Are our should use school institutions the best that our experience and charac- Jja^ses. ter permit ? Shall we have the institution of really un- supervised tests ? Shall we have notebook work, collateral reading, and reports which not only appear good but are just as good as they appear, because they represent honest, careful, individual work? These classroom ''institutions" are the most valuable educational organizations or activities that we can have in advanced civics and some other subjects, be- cause the students will get more education, individually and collectively, from their use than from any substitutes. 1 Ellwood, Sociology in Its Psychological Aspects, pp. 196-197. 62 THE NEW CIVICS Collective political control. Control through customs and institutions. Group unity which de- serves to be called na- tionality. 58. Social Control. — No society, that is, no large unified permanent group of people, can continue to exist unless it controls itself and the activities which are performed by its various organizations or institutions. In order to care for its collective public interests any large independent society or nation organizes itself into a state (§60). The state or independent political society regulates its general affairs through the adoption of laws which embody the wishes of the society. It has not only a national government, but other governments which are the agents of the state in making and enforcing its laws and in carrying on the pubHc work of the state. The state is, therefore, the great pubUc or- ganization through which social control is exercised. Control is exercised in an infinite number of ways in addition to the work performed by government. Every custom which society has adopted, every institution which it has organized, is really a means by which society directs or controls some activity in which it is interested. Two of the most important means of what we may call informal social control are religion and morality, which seek to main- tain high standards of thought and conduct among the members of society. Free public education is to-day one of the means of social control upon which we place greatest dependence, ' for an educated nation will not only control itself best but will do the most for itself and its members.^ 59. Nationality and Democracy. — Organizations, pubHc and private, and institutions are not ends in themselves; they are simply means by which a permanent group carries on some work for which it believes the institution is par- 1 Two diverse methods of social control may be contrasted briefly. These are prohibition and development. In the early development of the race, as in that of the individual, the word "don't" was needed constantly. Prohibition or the use of the taboo helped the race, as it helps the child, to avoid dangers, to learn self-control, and to protect itself as it developed. As the race and child have grown, prohibition should have played a constantly smaller part. Otherwise the child and the race tend to retain many characteristics of infancy. The problem for a nation then is not necessarily to see how few prohibitions it may use, for that may prevent it from protecting itself and its members, but to see how much it can outgrow the need of prohibition as a means of social control. SOCIAL ORGANIZATION 63 ticularly well fitted. The group has no personahty ; it is not an organism as the individual human being is an or- ganism, yet it acts as a unit if it is well developed. On this account we may say that a well-developed social group has a " social mind.^^ If in addition this large social group has group ideas of right and wrong, we may say also that it has a " social conscience ^ Because large groups have '' social minds " and " social consciences," that is, because they possess " like-mindedness," similar ideas, and ideals, it is possible to^ have nations, since nationality consists in this unity which we have just described. It is not solely through forms of association or through Advantages customs and institutions that society carries on its work. ^.^^ limita- Its work is done by the " social mind " or " social conscience " mocracy to acting through the '' social will " ; for, if society has a mind, a nation, why not a will also? One of the ways in which the '' social will " expresses itself most easily and commonly is through public opinion. In modern America we have democracy because the people not only have been able to express their opinions but also have been allowed to carry out their plans and wishes. Without a comparatively free expression of public opinion and popular will, democracy would be noth- ing but a form. After all, self-government is not the real goal of social existence ; it is simply a means to an end. Good government which brings with it liberty, justice, and social betterment must be the chief object of democracy as well as of other forms of government. Political Organization 60. The State. — As already indicated, the political or- Definition of ganization of any nation for the purpose of caring for its ^g^^^te^and collective public interests is a state. Briefly defined, a distinction state is an independent political society, such as Great Britain f^o"^ the or France. The name apphes to any body of people oc- "nation." cupying a fairly definite territory with an organized gov- ernment who are in no essential respect subject to any out- 64 THE NEW CIVICS The work of a state. Government, liberty, and ^aw. side power. As used in this general sense a state should not be confused with the commonwealths of our Union which we call states, because these are not independent. It should be distinguished also from the nation, which is a similar group of people who have practically the same ideas and interests and therefore belong to the same race. The state is the political organization ; the NATION the united people. The supreme power used by the state to carry out its wishes or demands is called sovereignty (§ 63), The work of the state through its government ^ is protective in that it protects the nation from outside dangers, and guards the nation also from perils within by protecting the just rights of individual members and of smaller groups within the society. The work of the state is regulativcy since it decides what relations individuals shall have to other individuals, as parent to child, or as employer to em- ployee ; what shall be the relations of an individual to any group, as voter to political party or taxpayer to a city; or what should be the relations between groups, as the relations of labor and capital. A state's work is directive when it undertakes consciously to promote the interest of the whole nation, or of any group, or of any member. Protective tariffs, public libraries, and agricultural experiment stations are examples of tasks undertaken for the welfare of certain groups. 61. The Proper Scope of Governmental Duties. — It must be borne in mind that government is no more the state than the heart and lungs of an animal are the animal. The government is the chief set of organs of the state, the agent which carries out its will. The organization of the state itself and of the government must necessarily depend, however, upon the experience of the people and the conditions which exist within the country .2 We sometimes get the impres- sion that law and liberty, or government and liberty, are 1 For-classes of governmental powers, see Appendix C, I. 2 Compare with institutions in general above (§§ 55-56). POLITICAL ORGANIZATION 65 contradictory terms. If this were so, the mofe law or the more government we have, the less liberty there must be ; but, as we noticed in the first chapter, law and government are among the chief means by which we protect liberty. Therefore, if the laws are good and the governments are properly organized, they protect the liberty of the people rather than interfere with popular rights. Nevertheless it is important for the people of each com- Limits of munity and nation to decide carefully what the Hmits of governmental governmental activity shall be. In colonial times, when villages were few and small, when there was no manufac- turing and little commerce, when a simple farm life was the rule, very little governmental supervision was necessary. Large cities, great trusts, railways of continental magnitude, and entirely different standards of hving have changed all this. At present our governments must control and regulate many more actions of the citizens than formerly, in order not only to promote their welfare, but to give them protection. For example, no one doubts the right of the government to pass and enforce all proper measures for the health of the community. This may lead in crowded cities to regulations that are very obnoxious to individual householders. Dealers may be obliged to submit to inspection and confiscation of goods which might injure members of the community, and factories are continually under supervision to see that the health of the operative is in no wise endangered. Too little regulation is, like too much, a mark of poor government. We must see that there is just enough, and that it is never applied arbitrarily. 62. The Need of National, State, and Local Government. Three sets of — No one government can do all the thinsrs needed by the governments necessEry. people. Some work, such as the making of treaties with other nations, must be intrusted to a single government for the whole United States. All other foreign relations, all matters such as money standards, a postal system, and the admission of new states, must likewise be cared for by a single national government. This central government also looks 66 THE NEW CIVICS after all interstate ^ affairs, since no state can care for im- portant interstate interests. State governments are necessary to make laws on all subjects that ought not to vary greatly ; from county to county, and yet need not be the same through- out the United States. Other duties, such as the making of roads and the care of schools, can be properly performed only by governments of small districts, such as towns, cities, or counties. We have, therefore, a third kind of govern- ment, local governments^ to look after purely local affairs. The con- 63. Out National and State Constitutions. — All the gov- stitutions ernments in the United States are popular governments — wishes of the that is, the people, acting through the qualified voters or people. legal representatives, decide what the form of each govern- ment shall be, what powers it shall possess, and in what way the government and its powers shall be changed at any time. In order, however, that the form and the powers of the governments shall remain the same until the people wish them to be changed, the people of the nation have adopted the very important document called the Constitu- tion of the United States, and the people of each state have adopted a similar constitution for their state. By these written constitutions the people have created such governments as they think are best fitted to care for the pubHc interests of the states and the nation. It will readily be seen that no democratic nation can maintain a permanent political or- ganization without some such rigid set of fundamental laws as the written constitution furnishes. A written constitu- tion, therefore, defines the organization, that is, the form and powers of the central government, and the relation of the nation to its subdivisions (the states or commonwealths), \nd the relations of the nation to its citizens.^ The constitutions may be amended to meet new needs of 1 The term " mterstate " refers to any interest or action between states : intra- state to those within a single state. 2 We have also an unwritten constitution which includes all important customs, statutes, and judicial decisions which increase the powers of the central government as defined in the written constitution or change in any essential respect the methods proposed in a written constitution (see §§ 214-217). POLITICAL ORGANIZATION 67 the people, but by their rigidity they prevent hasty changes. Written They cannot be altered by the governmentSy neither can the governments make any change in their own powers. All changes in an old constitution must be made by the people, who made that constitution; they only may abolish the old constitution and have a new one in its place} Since, therefore, the people make all constitutional changes, we say the people are sovereign; that is, the people have the supreme power which governments and individual citizens are obliged to obey. As it is not desirable that all citizens (§1) should be allowed an active share in the selection of officials and in the making and changing of constitutions, the people through these con- stitutions prescribe those who may be allowed such a share in the government, that is, those who may vote. In all parts of the United States we have manhood suffrage; in the West we have woman suffrage in addition. 64. Representative Government through Political Parties. — The national Constitution not only provides directly for the national government, but provides indirectly for the government of the states (commonwealths) as well. The state constitutions include provisions for local government as well as for the government of the whole state. All of these governments are composed of representatives who are elected by voters in the territory governed, or of officials who are appointed by some direct representative of the people. Some of the representatives, as the President of the United States or the governors of the states, represent the whole nation or state. Others, such as the members of the lower house of Congress, or practically all members of the state legislatures, are chosen from districts. It is the American practice, when representatives are chosen for any legislative body, to divide the state into districts which have, as nearly as possible, the same 'population. In short, representative 1 The exact method by which the people are to change any existing con- stitution is prescribed in the constitution itsell. There is considerable varia- tion in the process used to amend the present state and national Constitutions, as we can see by consulting §§ 203, 208. consti- tutionSc 68 THE NEW CIVICS Political party repre- sentatives. Why there departments are neces- sary. government in America means the representation from ter- ritorial districts of equal populations. These representatives and the officials appointed by them are members of some unofficial political organization. We call these organizations political parties, although some- times fairly permanent local organizations are non-partisan. Whenever an election is held to fill a position, each political party attempts to persuade the voters to select a man from its party as the people's representative. Although some (c) Paid W. Cloud, Minneapolis. The Minnesota State Capitol. elections, especially in cities, are not party contests, it can truthfully be said that government in the United States is representative government of the people acting through politi- cal parties. 65. The Departments of Government. — In order . that any government may perform properly the work for which it has been created by the people, it must have three de- partments. First of all, there must be some body, that is, POLITICAL ORGANIZATION 69 group of persons, to make laws, and this body is called the legislature or the legislative department. Then, we must have officials who see that the laws are obeyed, and those officials I who enforce the laws constitute the executive department. f Finally, a system of courts is necessary so that proper pun- ishment may be meted out to those who break the laws, and that persons who have suffered loss or injury at the hands of others may have an opportunity to secure redress for the wrong done. Those courts which interpret the laws are known as the judicial department. One of the most dis- tinctive characteristics of American government is the al- most complete separation of these three departments. This separation has been made because our people have always believed that the liberties of the people would be endangered if the departments were united, because we have preferred a government of checks and balances. 66. Our Federal System of Government. — Our country Distribution is governed under two great systems of government, each of of powers m which has its own constitution or set of constitutions. These tem of gov- two which carry out the. wishes of a single sovereign people emment. are the nation and the states^ (commonwealths). Such a division of power between state and national governments, which look after diferent interests and work independently, although simply supplementing each other, is called a " fed- eral SYSTEM " of government. This division of the work of governing leaves to the national government such matters as foreign and interstate affairs, and many other duties that no one state can perform for itself, while the governments of the states are allowed to make and carry out laws concern- ing the holding and transference of land, laws dealing with marriage and divorce, education, the punishment of crime, the incorporation of industrial and many other corporations ; in fact, with an almost innumerable Ust of subjects for which uniform laws are not supposed to be necessary throughout 1 By the term "state" is meant the people of the whole state, who are governed under a central government, usually called the "state" govern- ment, and under local governments. 70 THE NEW CIVICS DiflFerence between a centralized and a federal system of government. Seven char- acteristics of government in this country. the United States. This federalism is perhaps the most dis- tinctive and important feature of our government. In some countries, most or all of these subjects last named are looked after by the national government, which is then called a centralized government. In the United States, how- ever, these powers of government are left with the states, and the states cannot be deprived of them except by the people of the whole United States in the cumbersome way provided for the amendment of the national Constitution. We have therefore a system that is not centralized, but which constitutes a form of federalism. 67. Characteristics of American Government. A Sum- mary. — The most important characteristics of American government may be summarized as follows : The United States has (i) popular government (2) based on the written constitution and (3) carried into effect through a system of representation. It is distinguished by (4) a broad citizenship with ample protection of citizen rights, (5) manhood suf- frage, and (6) the separation of the departments of government. (7) Although the people of the nation are sovereign, the federal system provides that part of the work shall be per- formed by distinct governments, the national and the state. Importance of economic processes and activities. Economic Organization and Activities 68. Some Fundamental Economic Processes. — Although we are treating economic organization last, nevertheless we should understand that the getting of a living is more im- portant than laws or institutions. Men may be law abiding, but they will not voluntarily starve to death because custom or law prohibits their doing the only things that will keep them from starvation.^ We have already discussed economic 1 On the contrary, if men find it necessary to change their occupations in order to earn a better living, sooner or later their laws will be changed and their social organization will be modified in order that the new business may prosper. In short, a change of economic conditions leads to new laws and to different forms of social organizations, although new laws and new social organizations may have little effect on occupations. ECONOMIC ORGANIZATION 7 1 organization a little, especially in connection with the dis- tribution of occupations' (§§ 34, 36, 41). There are, further- more, certain economic processes with which it is worth while to be familiar, for continual reference must be made to them , in the discussion of any phase of life to-day. These are production, distribution, exchange, and consumption. Production is the process of creating wealth. The miner Production, who digs minerals out of the earth, the farmer who raise's grain or vegetables, and the manufacturer who transforms raw materials into finished products are typical producers. In the process of production use is made of land or other Distribution natural resources, capital must be utilized in the form of f^^^%^^' tools and raw materials, labor must be provided at every use of land, stage in the creation of the product, and some one, whom Jabor, cap- we may call the enterpriser, must take the trouble and the "enterprise." risk of seeing that the commodity is created by the com- bination of land, labor, and capital. The landowner will not risk his land, nor the capitalist his capital, nor the laborer furnish his labor unless each secures a return. When any wealth is produced, therefore, it is divided among these classes of producers ; the landlord obtaining rent, the capi- talist interest, the laborer wages, and the enterpriser profits. This process of division is called distribution. The process of transferring commodities from one owner Exchange, to another is known as exchange. As it is inconvenient to ' barter one commodity directly for another, use is made of money or credit. Transportation systems and stores of all kinds are examples of economic organizations used in exchange. The end for which all commodities are made and exchanged Why con- is of course the satisfaction of human wants, or consump- thrmoTfim- TiON. Unless there is demand for certain articles, no one will damental go to the trouble or expense of making goods or shipping them process of all. to market for sale. 69. Some Characteristics of the Economic Order To-day. Contrast be- — A comparison of the business world to-day with that of ^q^^^J^^^^ ancient times or of the Middle Ages reveals some startling and bondage differences. The first fact which impresses us is the preva- ^^ ^^^ P^-st- 72 THE NEW CIVICS Private enterprise and initia- tive. How laws to- day favor the acquisition, retention, and bequest of private property. lence to-day of personal freedom. In ancient society there were multitudes of slaves and othei: multitudes of common people little better than slaves. In the Middle Ages more than nine tenths of the rural population were peasants, either villeins or serfs. The villein was partly free, but the serf was bound to the land. A second characteristic of the present economic order is private enterprise. Every worker is allowed to choose freely the work that he wishes to do. The state does not compel him to follow the business of his father, or to do any special work. The selection of his occupation is limited chiefly by his education, his taste, and his personal fitness. If he is uneducated, he may not practice law or medicine because society insists that lawyers and physicians shall know at least the rudiments of their profession. If he possesses capi- tal, he is not obliged by law or custom to invest that wealth in land or in some specified form of wealth ; he may choose agriculture lands, mortgages, industrial or railway stocks, or any other form of investment which he wishes and is able to make. American society to-day encourages the inven- tion of new machines and the development of new businesses by giving patents to inventors and special privileges to new types of enterprises. Consequently profits may be higher in new businesses, although the risk, of course, is greater. 70. Private Property and Contract. — The most impor- tant economic institutions in use in America to-day besides the two named above are private property and contract. What any individual may earn or save becomes his own. In some countries only movable goods have been subject to private ownership. In the Middle Ages land was not owned by the people who held it or used it, but was held in fief by nobles who owed feudal allegiance to overlords and was *' rented " by them to peasants. With us to-day pri- vate ownership has been encouraged by the lavish disposal of valuable government lands, by laws which promote pri- vate enterprise, by laws which have protected private property even more than the life of the workers, and by laws which ECONOMIC ORGANIZATION 73 permit wealth to be bequeathed from generation to genera- tion (§ 145). Without the right of contract individuals would not have been able to amass or protect private property as they have. The American people allow any responsible adult, or the guardian of younger people, to make contracts for doing any work, if they are made volunta- rily and give a fair return to each party to the contract. If either party fails to keep his part of a contract, the gov- ernment, on request of the injured party, forces both parties to keep the contract. 71. Division of Labor and Large- scale Industry. — Other characteris- tics of modern in- dustrial activity are division of labor, with large-scale pro- duction. The two tend to go together. When every family produced almost everything which it needed, each man raised his own food, made his own clothing and shoes, in addition to the furniture and utensils of his home, and with the help of neighbors built his own house. The worker to-day is not a jack-of-all-trades ; he is a specialist. His specialty may be diseases of the eye, or corporation law, or the teaching of physics. It may be the specialized work of engineer, bookkeeper, or watchman, or simply one of a How the gov- ernment al- lows freedom of contract, yet enforces contracts. © Edwin Levlct. The New Financial Center of the World. Specializa- tion and division of labor. 74 THE NEW CIVICS Why large- scale pro- duction through cor- porations is the most productive form of industry. Cooperation in all stages of all eco- nomic pro- thousand processes into which the work of a factory is divided. The name division of labor is appUed particularly to work of the last type. It stands to reason that any work which is subdivided into a thousand, or a hundred, or even a dozen operations can- not be done in a small shop or factory. As it is possible to produce much more by a division of labor through which each worker acquires skill and speed for his specialized task, modern industry naturally is on a large scale. The invention of machines, the improvement of machinery, and the in- creased size of machines is a further reason for using large factories rather than small shops. As large factories and great combinations of industrial plants or transportation systems cannot be owned by the ordinary capitaUst, even if he is a millionaire, the state allows many investors to put their savings together. The corporation that issues stock which can be sold in shares in small quantities enables many investors to provide the capital necessary for great undertakings. 72. Cooperation and Markets. — Not only is cooperation necessary within each factory or railway system, but it is also necessary between different groups of producers and consumers. Few factories produce the raw material which they use. No railway produces either the raw materials or the finished products which it transports. Each group of industrial workers keeps steadily at its task ; the farmer in the field, the miner underground, the operative in the fac- tory, the trainmen on the railway, the clerks in the store, and the capitaUst in his office. Each does a necessary share in the great complicated process of adding something to the value of commodities which will eventually be purchased by some consumer and used by that consumer to satisfy his wants. So highly is cooperation developed in industry to- day for the great market in which producers and consumers are brought together. 73. Competition and Monopoly. — In most of these pro- cesses the workers are stimulated by the knowledge that they are in competition with countless others. If they fail to ECONOMIC ORGANIZATION 75 do their share of the work, they reaUze that they will not only produce little, and receive little, but that they will be re- placed by others who do more. Competition also nerves each to excel, since profits are large if one can make his work a great success. Knowing also that if competition can be cut down the profits will be still larger, every one who can limit competi- tion in his line tries to do so. An eye-specialist who is recog- nized as greater than his competitors has almost a monopoly and commands high prices for his time. The holder of a HI i ^Wi wm ^HP Im H ^' i ■ m ^^MM l^^^^H ^^^H ^^1 V|r*^^'^^si9 ■^1 Wm^^m ^iPi H ^ . ^^J^H Competition to prevent loss and se- cure gain. Advantages of personal, legal, and in* dustrial monopolies. Chamber of Commerce of the United States. patent, which is a legal monopoly of the right to manufac- ture the article patented, makes as much profit as possible while he has control of the market. The producer of steel or oil seeks to create a giant corporation or group of corporations which makes it possible for him to charge higher prices and therefore gain more profit. 74. Production and Distribution. — Societies are very dependent for welfare and success upon the creation of wealth. People frequently overlook this simple fact, de- 76 THE NEW CIVICS Why the production of wealth is of first im- portance. Economic and social progress to be measured by general welfare and by improved standards of living. Why civic organization is of value to us as in- dividual citizens. Why a knowledge of civic or- ganization is necessary to imderstand our rights as well as ovu: duties. daring that a better distribution of wealth alone is necessary. Better distribution is most important, if sufficient wealth is created for distribution. The first aim of any economic so- ciety therefore should be the production of a large amount of wealth. The creation of the greatest possible wealth might seem simply a matter of industrious labor, but it is far more than that, because it depends also on abundant capital, fine machines, and an excellent economic organization, in- telligently directed. The second aim of any economic society should be the just distribution of wealth, for it is of little value socially to pro- duce wealth if it is distributed unfairly. Progress, success, and prosperity are after all relative terms. They are to be measured, not by the total wealth of a country, or by the sum annually added to that wealth, but by improved stand- ards of living among the people and by increased general welfare. (See §§ 87-88.) 75. Civic Organization and the Citizen. — The question may be asked, " What has this civic organization, social, political, and economic, to do with me as a citizen? " It underlies citizenship. As already noted, citizenship is chiefly a matter of rights and duties. These rights and these duties, for they are usually inseparable, grow out of our relations to different civic groups or to some person in some group. A few of these can be mentioned as typical of others. We have obhgations to parents, and to schoolmates ; to the gov- ernment officials in paying taxes and in obeying laws; to landlords and to employers. In each case we have rights. The point to be noticed is that our obligations as well as our rights extend to any person or to any civic group with whom we have any dealings whatsoever, directly or indirectly. Is it not advisable, is it not necessary, that we know a little about the general character of this nation of ours, with its complex organization, social, political, and economic? The less we know of it, the more certain are we to fail in securing the rights to which we are entitled and the more surely will we fail to fulfill our obligations. We may object of economic character- Civic ORGANIZATION 77 to the first statement and contend that the more ignorant the citizen, the more he insists on his rights. That is quite true, but since he does not really know what his rights are, he probably does not get those of which he is ignorant. Instead he gets into trouble by trying to have what he wrongfully thinks are his rights. These are some of the characteristics of economic organi- Summary zation and activity in America to-day, personal freedom of workers, private enterprise, private property, the right of [sties. contract, division of labor, large-scale production, cooper- ation, and competition in wide markets. General References Blackmar and Gillen, Outlines of Sociology, 82-111, 172-219, 349-422. EUwood, Sociology in Its Psychological Aspects, 143-198, 329-381. Hayes, Introduction to Study of Sociology, 74-132, 339-445. Kirkpatrick, Fundamentals of Sociology. Cooley, Social Organization, esp. 23-50, 121-156, 3i3-355> 395-419- Giddings, Descriptive and Historical Sociology, 429-540. Ashley, The American Federal State, 1-30. Willoughby, Rights and Duties of American Citizenship, Part I. Wilson, The State, 555-639. Willoughby, The American Constitutional System, 3-33, 111-189. Ely et al.. Outlines of Economics, Chap. II. Hamilton (ed.), Current Economic Problems, II. Ely, Property and Contract, 1, 1-236, II, 555-677. Topics The Forms or Association : Ellwood, Sociology in Its Psychological Aspects, 340-351; Blackmar and Gillen, Outlines of Sociology, 93-11 1; Cooley, Social Organization, 23-31, 209-216; Giddings, Elements of Sociology, 172-215. Modern Large Scale Industry : Bogart, Economic History of the United States, 373-418; Ely et al.. Outlines of Economics, 136-155; Marshall, Wright, and Field (eds.) , Materials for Elementary Economics, 299-339 ; Haney, Business Organization and Combination, Book II. Studies 1. Social coordination and social cooperation. Ellwood, Sociology in Its Psychological Aspects, 143-152. 2. Means of social self-control. Ellwood, Sociology in Its Psycho- logical Aspects, 181-188. 78 THE NEW CIVICS 3. Social mind. Giddings, Elements of Sociology, iigr-i 28. 4. Government by party in America. Young, The New American Government and Its Work, 549, 560-572. 5. Our federal system of government. Willoughby, The Am>erican Constitutional System, 3-1 1, 135-153. 6. Private property. Hamilton (ed.), Current Economic Problems, 658-668. 7. Localization in manufacturing industries. Marshall, Wright, and Field (eds.), Materials for the Study of Elementary Economics, 189-197. 8. Freedom of contract. Hamilton (ed.), Current Economic Prob- lems, 669-678. 9. Cooperation in America. Review of Reviews, 47 (1913), 455-470. Questions 1. Show how social organizations are somewhat like animal organ- isms, and how they are unlike. 2. Explain these terms : differentiation, coordination, custom, insti- tution, social mind, public opinion. 3. Show the difference between social organization and social control. 4. Why is custom so important in all primitive societies ? Is custom as binding to-day as it was in the Middle Ages ? If not, why not ? 5. Does the development of institutions depend at all on the com- plexity of civic organization? on the intelligence of the people? on the fact that the society is growing rather rapidly ? 6. Define these terms : state, nation, sovereignty, constitutions, rep- resentative government, federal system. 7. What is the difference between the protective, regulative, and directive duties of the state? Is it true that the more law we have, the less liberty there is ? Is the reverse true ? 8. Name and explain six characteristics of American government to-day. Can you name another? 9. Explain production, distribution, exchange, and consumption. 10. If land, capital, labor, and the enterpriser each contribute some- thing in producing any commodity, is each entitled to a return ? What is the return for the use of each called ? 11. Why are personal freedom, private enterprise, private property, and freedom of contract, for us as individuals, the fundamental charac- teristics of economic organization to-day? 12. Show how modern industry depends on development of markets, reasonable competition, cooperation of producers, sellers and consumers, division of labor, and large-scale industry. 13. Why is the successful creation of wealth a more fundamental problem for society than is the distribution of that wealth? Why is just distribution the most important present social problem? CHAPTER V THE AMERICAN HOME AND FAMH^Y The Importance of the American Home 76. The Family as the Sole Social Unit. — The history of civilized society in ancient and in medieval and in modern times is a history of societies made up of families. Cities are necessary for carrying on business and securing the maxi- mum of profit and enjoyment of life ; states (commonwealths) are important in the making of laws, the preservation of order, and the pro- tection of rights ; nations are essential for the organization of large societies for their government, protection, and de- velopment ; but none is as important as the family, the eco- nomic unit in the use of wealth, for which alone wealth is created — the basis of society to-day as in the past and the only distinctly social unit in the modern world. Humanity has created a great civiHzation. Each gen- eration must add something of value. The children of to- day, if born into good homes, will carry on the work of past ages, making the next half century greater than this half, as this half is greater than the late nineteenth century. We 79 A Metropolitan Apartment House. Economic and social importance of the family How hu- manity's progress de- pends upon good homes. 8o THE NEW CIVICS The home and the dwelling place. Why the polygamous families did BOt have a real home. Why mo- nogamy has been com- mon and is better than polygamy. must have strong, healthy children, cared for by loving, wise parents, and trained for Ufe and citizenship. In short, we must have good homes ; for upon the real success of the home all of these things depend. Every child has a right to a home, a family center. So- ciety may protect him by negative safeguards; the home must make him a useful citizen. The home must not be confused with the house, for the home is the family center. The dwelling place may consist of but two rooms in a city tenement or a boarding house; it may be one of a dozen apartments on some floor of a metropolitan building; it may be the tiny cottage of an unskilled laborer, the residence of a wealthy merchant, or the imposing palace of a mil- lionaire. Environment does not make the home, but unfa- vorable environment certainly helps to destroy it. 77. Marriage in the Past. — In all ages the character of the home has been influenced greatly by the marriage cus- toms and laws of a people. Where polygamy was practiced, the home was necessarily very different from the average American home of to-day. The father or the patriarch was absolute ruler. Each wife had few rights and only a minor share in the home, and she probably was not related to any other wife except through marriage to the patriarch. The half brothers and sisters did not have toward one another the interest which American youths have in their brothers and sisters. Consequently the home was able to do less for each child than a home does to-day. Among civiHzed people monogamy has probably always been far more common than polygamy, even where po- lygamy was permitted. The fact that, so far as our obser- vation goes, the number of men has usually been about the same as the number of women in any normal society has made the marriage of one man and one woman natural and necessary. The social advantages of a monogamous family over a patriarchal family favor the former. The modern American family suffers few of the disadvantages just enu- merated for the polygamous group. THE AMERICAN HOME 8i 78. Society and Marriage Laws. — The American home to-day is not what it was a century ago or what it will be a few decades or a century hence, but it is a much finer institution than that which we have been considering. We shall notice later the changing character of the American home, the problems of its permanence, and its economic position. For a moment let us consider the question of marriage and marriage laws to-day. In all ages marriage has been regulated by custom as well as by law. In fact, the law usually embodies little besides the customs of any people. This alone shows that marriage is essentially a social institution, regulated by the whole society. Naturally any society is vitally interested in, and affected by, its chief social institution.^ Society, however, has never made many positive regulations regarding mar- riage; it has contented itself with negative rules or laws. Children are not allowed to marry, nor is a man who has been married once permitted to marry again as long as he is legally married to his first wife. Marriage ceremonies are always required and marriage licenses usually demanded. 79. The Individual American and Marriage. — Among some peoples custom has decided rather definitely whom a young man may marry and whom he may not marry. In many other countries the selection of a husband or wife is settled by the parents of the bride or groom. In America, society does not prescribe by law how a life companion shall be selected, nor by custom does the family decide this momentous question. In America far more than in any The Ameri- can home, past and future. Why society is vitally in- terested in marriage laws. American freedom iii selecting u mate con- trasted with usages in other coun- tries. ^ In so vital an affair as marriage, society has been exceedingly cautious and has not added greatly to the regulations which have been developed in past centuries. In fact, it has almost abandoned some of the old safeguards, such as the publication of the banns, during a series of weeks before marriage and the performance of the marriage ceremony by some responsible person in authority who knows the contracting parties. Although some new rigid laws have been passed in a few American states, in general the attitude of society has been to "make haste slowly." Certainly we should not hesitate to use all means which would properly safeguard public morals, or which would insure to the next gener- ation healthier bodies and a better start in the world than were possessed by the children of the past. G 82 THE NEW CIVICS What the school can do or must do in prepar- ing youths for home life in the future. other country a young man or a young woman has almost unrestricted choice of a mate. It is especially necessary, therefore, that, for their own welfare and that of society, the choice shall be wise. However interesting a discussion of matrimony might prove to be, this is not the place for a consideration of that difficult and important subject. Yet, if the home neglects its duty of preparing its young people for life in homes of their own, the school must necessarily take up part of the burden. In a nation in which more than nine tenths of the housewives do their own work, it can at least give the girls a rudimentary training in the care of a home. It can pre- pare the boys to be better breadwinners. It can show the folly of hasty or too early marriages, the disadvantages of marriages delayed until middle age, and the objection to establishing a home on an inadequate income. It can em- phasize the risk of marrying some one of radically different age or character or one accustomed to a totally different standard of living. It can point out the dangers of marrying for a home without love, of neglecting the question of health, and of disregarding the accumulated wisdom of parents, friends, and society. Permanence of the Family Almost abso- lute right of divorce for men in an- cient times. Divorce dur- ing the Mid- dle Ages and the Refor- mation. 80. Divorce in the Past. — Almost all ancient races gave men the right to divorce their wives. Some ancient codes of laws sought to regulate divorce, so that the husband could not abandon a wife at will. A long step in advance occurred when the husband was obliged to return the dowry of a wife that was divorced. In the Middle Ages, divorce, as well as marriage and many other personal relations, was controlled by the Church. Divorce was not permitted. The Reformation did not make divorce much easier, although both marriage and divorce were in some countries brought under civil law and regulated thereafter by the government. PERMANENCE OF THE FAMILY 83 In the American colonies and in our early national history divorce was almost unknown. This was far more a matter of custom than of law. Divorced women were almost ostra- cized by society. No matter how galling the matrimonial union, or how real the need of divorce, none except the boldest, most independent spirits found the remedy better than the disease. 81. Changing Conditions which lead to Divorce. — Since the Civil War the economic and social organizations of the American people have changed greatly. Whereas in 1870 less than one fifth of our people dwelt in cities or villages, now more than half of them live in urban centers. City life has undoubtedly interfered with family life in many ways, not only by preventing many families from having their own separate dwelling, but also through the varied interests by which the city attracts adults as well as youths. The development of industry as well as city business has given opportunities to girls and women as wage earners. Formerly there was no work for women outside of the home. At present one woman in five is a wage earner (§ 264). Store, shop, and factory offer an income, chances to meet others, and a relief from a routine that threatened to become monotonous. Having incomes of their own, women are independent as they could not have been in the past. Mar- riage is no longer the chief outlet for a young woman, nor is the spinster any longer neglected or despised, as one whom the fates did not choose. Another important change has been the increase in the privileges and rights of women. The period from the Revolu- tionary War to the Civil War was an era of equalization of rights for all white men ; ^ the last half century has brought to women many of the rights previously granted to men. These have been chiefly legal rights to property,^ but they have included also political privileges, for in 191 7 eleven states had full woman suffrage and many others gave partial suffrage to women. The most valuable right of any married 1 Ashley, American History, § 292. ^ Ibid., § 481. Regulation of divorce by law and cus- tom in our early history. Effect of citv life on the modem family. How busi- ness has been draw- ing women away from the home. Effect of an increase in social rights. 84 THE NEW CIVICS Appalling in- crease of di- vorce in the United States. woman would naturally be the opportunity to free herseif from a marriage tie that was objectionable. Consequently the last half century has witnessed an increase of divorce that is extraordinary. 82. Divorce in the United States (1867-1906). — From 1867 to 1886 the divorces in the United States numbered 328,716. From 1887 to 1906 the number increased to 900,534. In 1870 there were 29 divorces annually to every 100,000 inhabitants, by 1880 the number had risen to 38, in 1890 to 53, in 1900 to 73, and in 1906 to 86. Such an in- 1900 CD UMxa ^-^^^ \///A 9S TO ,60 ^ »0 76 Bza 76 • 100 Average Annual Number of Divorces for 100,000 Population. crease shows an appalling and dangerous unrest. In the United States the present rate of divorce is more than twice as high as in any other civilized country on the globe. Whereas Germany has only one divorce for every fifty marriages, in the United States there is one divorce in every ten or eleven marriages. In some western states the rate of divorce is nearly four times as high as in the whole United States, at least every third marriage ending in divorce. As one would expect, more than two thirds of the divorces are granted to the wife, and these usually come earlier than PERMANENCE OF THE FAMILY 8S those granted to the husband.^ This would seem to indi- cate that social unrest among women is a very important cause of divorce. That is not necessarily the case, however, for desertion or cruelty is the reason given for about two thirds of the divorces granted to women. Fortunately the rate of divorce in families that have children is not more than a quarter as high as it is among childless couples. Di- vorce is naturally a far more serious evil to society where it leads to the destruction of the home and the separation of children from at least one parent.^ 83. Remedies for the Divorce Evil. — As the increase of divorce has been due to social causes rather than to our laws relating to divorce, remedies would naturally he sought in the causes which give rise to divorce.- Most attempts to solve the divorce problem, however, have dealt chiefly with laws. Since many states have had lenient divorce laws, they have attracted people who wish legal separation from their mates. A quarter century ago some of the prairie states were the Meccas of dissatisfied husbands or wives. Temporary residence and almost any pretext resulted in divorce. No notice was sent to the one from whom divorce was sought. To remedy this glaring evil of " overnight divorces " a national divorce law was sought. As none was passed, the Supreme Court of the United States decided that di- vorces could not be given by any state except to a bona fide resident of that state, and that the party from whom di- 1 More divorces are granted to wives who have been married from three to four years than for a longer or shorter period, whereas the maximum number of divorces granted to husbands came at the end of six years of married life. 2 Professor Emory S. Bogardus of the University of Southern California has made a careful study of the connection between broken homes and deUnquent children. In Los Angeles County, he finds that the percentage of poverty and delinquency is less than half as high among the children from ordinary homes as it is from those whose parents are divorced, or are not living together. Moreover, he finds that the broken home loses control of its girls even more than of its boys. The records of the juvenile court do not give the names of many girls from regular homes, but they contain the names of large numbers of girls from divided families. The protection of the children demands some reform of at least the most glaring divorce evils. Character of the di- vorces granted in this country. Past at- tempt to cure the di- vorce evil through laws. How greater uniformity in divorce "legislation" was sought and ob- tained. 86 THE NEW CIVICS Some sug- gestions on real reme- dies by checking causes of divorce. vorce was sought must be notified. A national divorce law, or at least greater uniformity in our diverse laws regarding di- vorce, is still desired by many people. Others contend that the trouble is not with the law but with the lax adminis- tration of the law and the differing pubHc sentiment about divorce in different communities. Most of the social causes (§ 8i) which lead to divorce are not easily controlled because they are connected with im- portant social movements. As these inevitably continue, it is not easy to stop the growth of divorce by checking the cause. However, something can be done and is being done. Better marriage laws are needed, e.g. laws which make it impossible for mental and physical defectives to marry. The universal use of licenses, a longer period of waiting be- fore Hcenses are granted, and more responsibility upon those who perform marriage ceremonies are some of the legal safe- guards which might reduce the number of unsatisfactory marriages. Something can be done by more education on the subject of the home and the importance of marriage; still more by greater care in the selection of mates and a better reahzation of the place filled by the home and the family in our civilization to-day. Courts of domestic relations which seek to reconcile dissatisfied husbands and wives, more careful investigation of cases by judges, and more stringent regulations to prevent remarriage are among means used to maintain the permanence of the home and the family. Why the family is an economic unit. The Household as an Economic Unit 84. Economic Position of the Family. — In the United States there are nearly twenty miUion famiUes. Most of these families are self-supporting groups which provide themselves with such necessities, comforts, and luxuries as they may wish or can afford. Each of these millions of families earns its own income, looks after itself, and pays its own expenses. Usually one person, the father, is the wage earner for this group, although other older members fre- quently pay some share of the family expenses. In short, THE HOUSEHOLD 87 in this difficult and interesting business of making a living, the family is a self-supporting group, a prominent economic unit in modern society. In the consumption of wealth the family is far more important than any other group, and in- comparably more important than isolated individuals. During the colonial period, as in ancient and medieval times, each family was a distinct producing unit as well as consuming unit. On the farm the father raised his crops, or in a shop close to his house he made goods which he traded or sold to his neighbors. Those were the days of real " household economy " or industry, each family being a real economic and almost self-sufficing unit. As the sons grew to manhood, they helped the father until they married and established homes of their own. 85. Size of American Families. — In colonial times, since labor was scarce, the more children there were, the more workers were provided. Large families were an advantage. Families of six or eight children were the rule. Because land was abundant, living was plain, and luxuries were not to be expected, the boys and girls earned their own way by the time they were thirteen. The normal American family to-day consists of five members, the average number of children having dropped to three per family. Land is no longer plentiful, and labor is no longer scarce. Young people do not expect to earn their own living until they are fifteen, twenty, or even twenty-five. Comforts and luxuries are demanded by all. For the average family a large number of children means a lower standard of living. " In 1903 the United States com- missioner of labor reported on 11,156 families of working- men. In the families with one child, the average annual income per person was $212.76; in the families with three children, the average was $133.18; while in the families with five children, the average income per person was $94.97." * Yet it is among the workingmen rather than in wealthier homes that large families are found. 1 Nearing, Social Adjustment, p. 151. The early American home as an almost com- plete eco- nomic unit. Advantage of large fami- lies in colo- nial times. Disadvan- tages of large famiUes of workingmen to-day. 88 THE NEW CIVICS Incomes of the average wage earner and the aver- age family. Low incomes and stand- ards of living among some negroes and among Eu- ropeans. The great wealth and large income of many Americans. The distinc- tion between real wages and money wages. 86. Family Income. — Although prices "have risen greatly in recent years, wages have risen also. The average wage earner, unskilled or partly skilled, now earns nearly $1200 annually. As others in his family usually contribute some- thing during the course of the year, the average family income of the poorest seventy-five per cent of American families may he said to he at least fifteen hundred dollars a year. This would give an income of about $300 for each member, if the famiUes were not larger than the average. If the addition to the father's income, however, is made by the mother of small children, at work which takes her much of the time from the home, it represents a social cost which far out- balances the sum earned by her. Averages are of course misleading, for about a third .of these famihes do not receive more than $700 a year.^ Many of these, however, are poor colored families of the South, in sections in which the cost of living is low. Even these incomes are large if compared with those of the peasant or artisan of Europe. In Prussia, it is asserted, four fifths of the famiUes have supported life on less than $400 a year and 94 per cent on less than $750 annually. On the other hand, according to returns from our national income tax, nearly eight thousand Americans admit that they are millionaires, and nearly four hundred thousand have net incomes of more than four thousand dollars a year. Some authorities believe that a half milhon families in the United States have incomes which make them subject to the income tax of 19 13. 87. Expenditure of Family Income. — Incomes are to be measured less in dollars than in the amount which those dollars will purchase. If wages or incomes have risen more rapidly than prices, then real wages or incomes are higher than they were ; but, if wages have gone up a little and prices have gone up more, then real wages are lower than they have been. Real wages are undouhtedly much higher than 1 According to King only } were so low as $500 in 1910. King, Wealth and Income, p. 224. Most of these were very small " families." THE HOUSEHOLD 89 they were three quarters of a century ago and about the same as they were twenty years ago.^ After all, it is not the amount of the income but the actual Why the use of the income which determines the economic position of f/^'^^g^ l^^' ilv socnds the family. If families of workingmen are obliged to spend much for 55 per cent for food, 15 to 20 per cent for shelter, and 10 to necessaries 15 per cent for clothing, they will have less than 20 per cent fuxuriesf for all other comforts and for all luxuries. What is saved must be saved out of that small possible surplus, certainly at great sacrifice. The larger the family, the smaller the remainder for comforts, and the smaller the chance of laying up a little for a rainy day. Considering the fact that most families do save little for Specific comforts, we are surprised to learn that not less than one ^^^se^of quarter of the total sum spent for food and clothing might using food be saved, with a little knowledge, skill, and care. Waste or clothing. occurs in the buying of food in small quantities, in the selec- tion of poor goods, and in the purchase of foods of little nutritive value. Even more is wasted in the cooking and serving. There is even greater waste in the purchase of clothing. Our schools should teach boys and girls, and mothers if they wish, how to make a little go farther in real values. Many mothers display wonderful skill in making family why family purchases. Is it not a pity that all mothers have not received g^°^°^^g the training which might make the average $400 spent for furthered by food go as far as $500 does at present? Would not society education. be far more than repaid for the cost, if they were trained in scientific household management? Considering the num- ber of underfed and half-starved children and adults in the United States, the failure of society to give better prepara- tion for the use of wealth seems almost criminal. 88. Standards of Living. — The comforts and luxuries Living wages which are purchased by any family for its own satisfaction ^^^^^^^^^ represent that family's standard of living. If the family caused income provides only bare necessaries, we speak of the father by drink, etc. 1 See chart, page 343. go THE NEW CIVICS Society should raise low stand- ards of living through ed- ucation. Dififerent " occupa- tional " standards. The cost of high Uving. Why society shQuld find a real remedy, not charity, for indus- trial victims. as earning a " living wage.'^ Sometimes expenditures are so unwise that an income which should have furnished a good standard is too small to cover real necessities. Poverty and low standards are often caused by drink, even if the wage earner is not thrown out of -employment. If a quarter of a small income is spent for ornate dress, food will probably be scarce in the household. It is amazing how many school children in large cities, particularly in the lower grades, come to school without breakfast, or so insufficiently nourished or clad that they cannot study. Such low standards of living as their homes have are a menace to our welfare, since they deny to many children the opportunity to prepare themselves for life work by which they may provide properly for their own families in later years. In no other country do so many people enjoy a high stand- ard of living as in the United States. As a race we are notoriously extravagant in our expenditures. One quarter of our people, having incomes which make the necessaries of life a comparatively minor item, demand luxuries which only the wealthy can afford. The man employed in office or store of necessity dresses very much better than an artisan or day laborer, but he finds that his high cost of living is really represented to a very large extent by his family's desire to live in a good neighborhood and do all of the things that his neighbors do. In 191 6 there were nearly three million automobiles in use in this country, or one for every thirty-five persons, very many having been purchased with borrowed money. As has been so aptly said, the high cost of living in recent years has been due to the cost of high living. 89. Financial Problems of Industrial Victims. — Prob- lems which are more or less theoretical under normal condi- tions become serious under unusual circumstances. The family income which may have been $1000 at once becomes $300 or less if the chief wage earner dies or becomes incapaci- tated for work. When hard times come on and employment is THE HOUSEHOLD 91 irregular, again the income falls far below normal. The question arises, " What does society do for these unfortu- nates? " We must admit that very little has been done in the past. If they are reduced to abject poverty, private charity as well as public help may relieve hunger and keep a roof over their heads. These are not preventive measures, but remedies which do not remove any cause or give any permanent relief. Within recent years there has been a growing interest in suffering that is caused by our complex industrial system. Formerly, when a workman was injured or killed, the whole loss was borne by his family. To-day, in most American states, society bears a share through workingmen's compen- sation (§ 269). In some countries attempts have been made to reduce unemployment, but as yet Httle has been attempted for the unemployed in the United States (§ 270). Some countries prescribe a minimum living wage that shall be paid to men. Since wages are high in this country, regu- lation for that purpose has not been attempted. We have been content to establish minimum wages for girls who presumably are away from home, making possible for them a decent. standard of living (§ 266). 90. Women and the Future Home. — The changing home of the nineteenth and twentieth centuries reflects changing social and economic conditions. As we noticed above (§§ 5ij 55) 81)) new industries and occupations sooner or later bring social changes. The self-supporting colonial home, with its large number of children, was natural in a primitive community in which land was abundant, famiUes were separated, and labor was scarce. As in the ancient patriarchal family, the rule of the head of the family was autocratic. Until the children separated to estabhsh homes of their own, there were no occupations which tended to break up the home. Since household or home duties were the sole occupation of women, the best they could do was to change from the drudgery and harsh rule of a father's house to similar drudgery and narrow life in that of a husband. Some relief or preventive measures used in some civilized countries to-day. Why the home of our "fore- fathers" was not a good home for a woman. 92 THE NEW CIVICS THE HOME AND FAMILY 93 The old t3Ape of home cannot be reestabhshed any more Why the new than Europe after 181 5 could go back to the " old regime " ^^^^ ^^°"^^ which existed before the French Revolution. Nor is it than the old desirable that the old home should be reestablished. What home, is necessary is that the new home, the home of the future, shall be better than those of the past and of the present. Other things being equal, it certainly will be better if social conditions do not force women to marry. Certainly homes based on real love and affection, homes in which the mother as well as the father is really a free agent, guarded in her rights by law and custom, will be better than one in which she was little better than a housekeeper or upper servant. It does not follow that the modern woman, with her manifold rights and interests, even with her opportunities to be a worker outside of the home, will be a less capable mother than her own great-grandmother. If she is, so important is the home, the clock of civilization will be set far backward. General References Blackmar and Gillen, Outlines of Sociology, 11 2-156. Ell wood, Sociology and Modern Social Problems. Wright, Outlines of Practical Sociology,! $1-222. Dealey, The Family in Its Sociological Aspects. Thwing, The Family, an Historical and Social Study. Topics Standards of Living: Nearing, 5oaa/ Adjustment, 70-102; King, Wealth and Income of the People of the United States, 217-255 ; Nearing, Reducing the Cost of Living, 41-102 ; Streightoff, Standard of Living in the United States ; Marshall, Wright, and Field (eds.), Materials for the Study of Elementary Economics, 27-41. Increase of Divorce : Blackmar and Gillen, Outlines of Sociology, 138-156; EUwood, Sociology and Modern Sociological Problems, 113- 137; Stevens, E. R., 'm Outlook, 86 (1907), 237-243, 287-293; Howard, G. E., in McClure's Magazine, 34 (1909), 232-242; Lichtenberger, "Marriage and Divorce^' (Columbia University Studies). The Expenditure of Family Income : StreightoflF, F. H., in Ma- terials for the Study of Elementary Economics, 27-33; Nearing, Woman and Social Progress, 171-195, Good Housekeeping, 51 (1910), 9-15, Financing a Wage Earner's Family, 133-167. 94 THE NEW CIVICS Studies 1. Marriage customs in many lands to-day, in National Geographic Magazine. 2. The right to marry. Meyer, A., M.D., in Survey, 36 (1916), 243- 246. 3. Social control of the domestic relations. Howard, G. E., in American Journal of Sociology, 16 (191 1), 805-817. 4. How much does the average family earn ? King, Wealth and In- come of People of the United States, 222-238. 5. Changing conditions which lead to divorce. EUwood, Sociology and Modern Social Problems. 6. Causes of divorce. Wolfe, Readings in Social Problems, 621-649. 7. Casting out divorce in Kansas City. Cooper, C. R., in Ladies' Home Journal, 31 (1914), 20. 8. EfiEect of broken homes on juvenile failure. Bogardus, A Study of Juvenile Delinquency and Dependency in Los Angeles County. 9. The socialization of the home. Tarbell, The Business of Being a Woman, 84-108. 10. Chicago Court of Domestic Relations. Tarbell, I. M., in Ameri- can Magazine, 77 (191 1), 42-48. Questions 1. Explain the difference between marriage in the distant past and in the present ? What are some of the objections to polygamous mar- riages ? Why do lax divorce laws expose modern families to many of the same disadvantages? 2. Show that society should regulate marriage. To what extent is marriage regulated to-day by custom ? by statutes ? by the whim of the parties who are marrying? 3. What is the effect of large families on the workingman's standard of living? For what do workingmen's families spend most money? Is the cost of clothing for the average high school girl too high? Show how wastes may be eliminated in the purchase, cooking, and use of foods. 4. Explain fully changes in conditions during the last half century which lead to divorce. Which have been most influential, those that are political or economic or social? 5. How would these things help to solve the divorce problem : im- prove character of those who marry, stricter marriage laws, a definite monthly allowance for a wife, more care in investigating and deciding divorce suits? 6. How is the modern woman better off than the woman of a cen- tury ago? Why should the modern home be better than the old home? Why is the movement for the best possible homes an important topic in the new civics? PART II GOVERNMENT AND THE CITIZEN ■^^^ ..■■■»•■•'■- ♦^ »•* >'.,*. ' •... ^^1 i'^^l H ^ "•"^ m. i i JM s H 96 CHAPTER VI SUFFRAGE AND ELECTIONS 91. Popular Cooperation in Government. — As we no- Why all ticed in the first section of this book, the ordinary citizen "^^^ens do must not be confused with the voter. The citizen is a mem- direct and ber of the nation who may or may not share in the work of f ctive share governing. The voter, on the contrary, is a member of ^ent^^"^' the nation who takes an active part in the work of government. Important as government is, we discovered in Part I that it is after all only a small part of the work of a nation and of a nation's citizens. It is not necessary, therefore, that every citizen should have a share in government, nor would it be wise to give such a share to those persons whose youth, ignorance, or inexperience would make them undesirable voters. Only those citizens,^ therefore, are voters who are actively interested in the public work of society and who presumably are capable of governing the city, state, or nation intelligently. Manifestly it would be impossible for all voters to make Selection laws, enforce order, and decide judicial disputes. Conse- and removal ' - ' , . ,. ^ .of offiaals. quently the voters select certam direct representatives whom we may call elected officials. Naturally the most important public offices are filled by election, but the elected officials are far outnumbered by appointed officials ^ or em- 1 Citizens or prospective citizens. 2 The system of appointment is used much more in connection with the national government than with those of the states, counties, cities, and towns. Only the President, Vice President, and members of Congress are elected directly or indirectly by popular vote. All national judges and national executive oflBcials and employees, numbering nearly five hundred thousand, are appointed. Members of lawmaking bodies are invariably elected by the people. These include congressmen, state legislators, city councilmen, county supervisors, and town selectmen. Election is used for almost aU state or local judges, and for the H 97 98 THE NEW CIVICS Direct legis- lation and public influ- ence. ployees. In many states the voters retain the right to remove any official who fails to represent them properly or to do his duty as the public desires. This right is often exercised in the form of the recall (§121). When the officials of the government fail to give the people such constitutions and laws as the public wish, the people may propose laws, through the initiative (§ 116). They also insist that they shall have the last as well as the first share in lawmaking, a form of popular cooperation in government known as the referendum (§117). In addition all citizens, especially those belonging to organized groups, such as churches, national societies, or labor unions, exercise an immense influence on government through public opinion. rhe legisla- tive caucuses and the first nominating convention. Nominations for Elective Office 92. History of Nominations.^ — Nominations for elec- tive offices to-day are made directly or indirectly by the people, but this has not always been the case. In the early years of this republic there was no regular method of nomi- nating candidates for public office, nor was there any ma- chinery for that purpose. Nominations were made ordi- narily by a group of office holders, possibly members of Congress or a state legislature, who held a caucus and placed in nomination one of their friends, usually another office holder. most important executive and administrative officials of the states and localities. Yet the persons appointed for state or local positions, aside from those coimected with schools, probably outnumber the elected officials three to one. Not all persons connected with any government are called officials, for most of them are merely employees whose work involves comparatively little re- sponsibility. 1 When voters go to the polls and cast their ballots, they vote only for those who have been nominated for that office. These nominations are made several weeks before the election either by conventions held by the political parties or more frequently in direct primaries of the voters composing the political parties. In the campaign, between the nominations and the election, these nominees or candidates, aided by the very complete organization of their party, make every effort to win over the voters to their side. After the voters have expressed their preference in the election, the successful candidates are installed in office upon the day set by law for assuming their new duties. NOMINATIONS 99 This government of office holders, chosen by office holders Beginnings and managed for office holders, did not satisfy the American °^ primaries people after the War of 181 2, because the people were be- ing conven- coming more democratic. Consequently, about the time tions. that Jackson was elected President, those who were not in office devised a plan of having delegates from different townships within the county, or from different coimties within the state, meet together in a nominating convention, which selected a candidate for each office to represent their party. Before the Civil War the nominating convention had been adopted by all political parties. Delegates to these conventions were usually chosen, however, in each precinct, township, or county by a small clique of dependable party men. The party delegates were supposed to be elected in a public primary, but the primary always represented the ruHng clique of the party, that is, the machine (§ 106). In order to give the party members real control of their Use of pri- delegates and conventions, it was necessary to reform the J^^iyelec- primary. To break the hold of the machine upon the primary and the convention, the primary was brought under the control of the state governments, and regular pri- mary elections were held at such times as the law permitted. The law prescribes also who may take part in the primary elections of any party. 93. Primary Elections. — At the present time practically General all states provide that nominations for elective offices shall character of be made, not by conventions of party delegates, but by the voters in direct primary ^ elections. Some weeks before any election, on a day set by law, an election is held similar to a regular election. Instead of having, however, a single ballot for all parties, each party has a separate ballot. Only those voters are allowed to take part in this election who have affiliated themselves openly with some party. Each voter receives a single ballot — that of his party. 1 Primaries are of two kinds, the older or indirect (§ 92) and the more recent or direct. When delegates only are chosen at a primary election, the election is not a direct primary. pnmaiy. lOO THE NEW CIVICS Procedure in direct primary elec- tions. A reformed national nominating convention. The names of all those persons who desire or will accept the nomination for any office must first be placed on file with the city or county clerk, as soon as they have obtained the signatures of the required number of voters. On the pri- mary ballot of each party appear the names of those who are the candidates of that party for each office to be voted upon at the later regular election. At this primary election the voters of each party, therefore, are allowed to select their candidate for each ofiice to be filled at the coming election. Since no voter can vote more than one ticket, and each ticket represents a different party, members of one party are not allowed to influence the nominations to be made by an- other. The candidate of each party who receives a larger number of votes than any other candidate or candidates of the same party for the same office is declared the nominee of that party for that office, and his name appears as such on the official ballot used in the general election. This sys- tem gives the voters a somewhat freer choice than the old party primary, but it does not produce satisfactory results unless they vote and vote intelligently. The direct primary has superseded the convention in the selection of party nominees for most positions filled by pop- ular election except the most important elective office in America, that of the President of the United States. Na- tional nominating conventions of each party are still held in June or July of the " presidential year." The delegates to these national conventions cannot be chosen in a direct nominating primary, but they are usually selected in a regular primary election (§ 92), in order that the influence of the political party machine may be reduced to a minimum.- ^ Where presidential delegates are chosen in the primary, a system of "prefer- ential" voting may be used. The voters of each party of each congressional district are allowed not only to select delegates to represent them in the national nominating convention of their party, but they may name their first choice and possibly their second choice of a party candidate for President. The presidential preferential primary has been adopted by nearly half the states at the present time. Many people have beUeved that it was a panacea for the evils whieh formerly existed in the nomination of a President and a Vice President, but in practice it has been found that the voters usually select NOMINATIONS Ipl^^/.'i \\\ \ ;; 94. Importance of the Direct Primary. — It would natu- Comparison rally be supposed that every voter would attend the pri- of primaries . V • n 1 • T .1 1 1 1 • 1 • • and elections manes to which he is eligible, because his only opportunities of securing good men for office are at the primaries and at the polls on election day.^ At the election, his choice will be limited to the different party candidates that have been nominated, all of whom may be unsatisfactory; but at the primaries he may aid in selecting the best man who will accept the nomination as his party's candidate for each office. In reality, the primary gives him a much better opportunity to obtain good government than the election does. Nevertheless, the majority of the voters in the United States neglect to attend the primaries, or go only to confirm the nominees proposed by the machine of their party. The machine undoubtedly knows better than the average voter who will make good candidates, but sometimes a machine proposes unfit m.en who will not act for the best interests of the party. It is of the first importance, therefore, that every voter attend the primaries of his party, and make sure that the right men are nominated for office. Many of the states make use of the direct primary to Party control increase public control of the party organizations, forcing the by» and party parties to choose their committees (§ io6) at these primary direct prima- elections. This should produce party organizations which ries. are fairly representative of the members of the party. There is little doubt that many of the vexed, problems of nomina- tions for elective office will be solved by perfecting and reforming the party organization, and, except in city elec- tions, by making the party organizations more directly re- sponsible for all party nominations, since the machines will . always suggest the names of candidates. 95. A National Nominating Convention. — The national conventions of the different parties meet in some conven- the delegates suggested by the machine and leave them uninstructed in order that they may vote in the convention for the candidate whom they consider the wisest party choice. 1 Many states provide that, if one candidate has a majority of all votes cast in the direct primary, he is elected, not nominated. lOi THE NEW CIVICS NOMINATIONS 103 rs it^-t- i ... •o'^ft ?^ in K-('^i ^k"#S"X, L I ' V kU4*^"^w^i* m^ T^^'^iT^'C ,,i;t.5&tv ./■■ * ' m: . •(, '' mm^ _: ^^ s"^. ■"fit': — v^ ' m~:r\ a '^ , ; 1 1^ Pi' §0 '^ S''/^ M) \> J^^'i. .1 V^mt^ v'f.,Cr |^^»^;<^E^^ \ #;;»^r%t'' """■ ""™""^"-_^^^ P¥ sl^jWv^Jhfltt''.^ r * '^'^yc^ fi ^ ^e^a / -■ s::3^^f^ M s-^-V"! ^^•^i^^S^/i* i.^-^ ^S« [^;^i#^^ 4 >4^':. 1 %-F^^ > '; ■ '^^^ ill ^«ii I^'M* « ^ ^lEIII^ ^ -^Pm&ifc-'^^' ■ ■Sslillf'^^ 0i^:^ U PC)?' f^^^j^^;^ **"'!- Hit' -x feW-^ ^- ^.^1 i^B^ ■l^ ^^^^^ ^'ifii «^rv; "W ^w¥: ■ V .pi iif| ^^ ^W'^"^^^' I04 THE NEW CIVICS Influence of the national committee on the con- vention. Method of nominating a presiden- tial candi- date. iently located and important city in June or July of the presidential year. The day and place have been decided by the national committee of the party (§ io6). In fact, the national committee really manages the convention, because if any state sends two sets of delegates to the same party convention, it decides in advance which delegation has really been elected. In doing this it naturally favors its friends. In addition, the national committee usually has also drawn up a tentative platform which embodies the ideas of the committee, of course, rather than those of the convention. When the convention meets, it selects a tem- porary chairman and several committees which approve or disapprove the decisions on the credentials of delegates and suggestions on the platform made by the national committee. When the convention has adopted a platform setting forth the principles of the party, the roll of the states is called and nominations are then in order. Even when there is no doubt about which presidential candidate will be chosen, the names of favorite sons from different states are often placed in nomination and receive complimentary votes on the first ballot. Ordinarily from five to ten contestants enter the field for the prize, each of whom is nominated in a laudatory speech followed by prolonged applause. The nominations having been closed, the roll of thje states is called again, and the chairman of each delegation announces its vote. If any man receives a majority vote — or a two- thirds vote in the Democratic convention — one of the managers for a defeated candidate immediately moves that the nomination be made unanimous. This is almost in- variably done.^ After selecting the candidate for Presi- dent, the convention proceeds to choose a nominee for Vice President.^ 1 Usually several ballots are taken, and at times the voting is very much prolonged, as in the Whig convention of 1852, in which fifty-three ballots were necessary, or in the Republic convention of 1880, which nominated James A. Garfield on thevfejiijrty -sixth ballot. Occasionally, on the other hand, candidates are nominated by acclamation without going through the customary forms. ^ As the position is one more of honor than power, it is not often desired by NOMINATIONS lOS 96. The People and the Parties in Nominations. — It is impossible for every person in any party or in all parties to be represented truly in the nomination or in the election of any elected public official, even if that official represents a very small community. It is necessary, therefore, to discover that form of organization and those methods of action which will give the best results. In a democracy no results would be considered good which did not represent the majority of the people fairly well. Hence we have had, first, nominating conventions instead of office holders' caucuses, and, later, primary elections instead of nominating conventions. It stands to reason that the only effective way in which the people in general may secure a share in the nomination of elected officials is through organization. If the people are not organized, those in authority, those with influence, those of position or wealth, will always be able to block the wishes and the will of the people. However, organization in itself will not necessarily bring popular government. If the or- ganization in turn is controlled by those who have position or wealth or influence, it becomes by that fact an instrument of tyranny even more dangerous to the people than an *' unorganized system " ; we may have the worst forms of " in- visible government" (§ 109). In other words, it may be necessary for the government to supervise the party organiza- tions in order that they shall really represent the members of the party rather than bosses or rings (§ 109). Why all peo pie cannot be perfectly represented in govern- ment. Why party organization is necessary to popular government. Elections 97. Political Campaigns. — An election campaign may Efforts made occupy the entire time between the nominations and the to secure election, or it may be hmited chiefly to the month, preceding votes. men of the greatest ability. It is usually given to a leader of some minor faction of the party, or to a poUtician from a doubtful state which is located some dis- tance from that of the presidential nominee. In either case it would give strength to the "ticket." Unsuccessful candidates for the presidential nomi- nation are rarely or never chosen. lOO THE NEW CIVICS The time of elections. .Registration of voters. The process of voting. the polling of the votes, every effort being made by each party to elect its candidates. The campaign is conducted by the permanent party committees, or by special executive committees (§ io6), which represent the candidates partic- ularly, if the campaign is of sufficient importance. In a presidential campaign, for example, there is a special national executive committee whose chairman for months directs the campaign, and whose members divide the task of persuad- ing or convincing voters. Money must be obtained to pay the expenses of printing campaign literature and to secure the services of speakers, while personal efforts must be used to obtain the support of the " waverers " and bring all of the party's adherents to the polls. In a city the special conduct of the campaign, including the raising and distri- bution of funds, belongs to the city committee, and the ward committees under its charge organize clubs, hold meetings, and perform active duties on election day. In the campaigns of to-day, fortunately, less appeal is. being made to prejudice and selfish interests than was formerly the practice. More attention is given to the conducting of " educational cam- paigns." 98. Holding an Election. — Election of those public officials who are chosen by the voters usually takes place on the Tuesday after the first Monday of November. It is customary, however, to have city elections at a different time and town elections in the spring. Before an election is held, voters are ordinarily required to register, showing where they reside and proving that they have a right to vote. Re-registration should be required before each important general election. This enrollment is necessary to prevent men from voting in more than one precinct, or voting district, since the officials in charge of the election usually do not have a personal acquaintance with the voters except in country precincts. A person who wishes to vote goes to the polling place which has been selected for his precinct. After proving that he has a right to vote, he receives a single large sheet, ELECTIONS 107 known as the official ballot.^ On this ballot ordinarily the names of all candidates of each party or ticket are placed in one column. Having retired into a private booth, the voter marks his choice, folds the ballot, and returns it to the proper election official. The official, not the voter, deposits the ballot in the ballot box. When the polls are closed, the ballots are counted publicly Counting by the judges, who then forward the ballots to a canvassing ^^^ ^otes. board. This board examines the returns and makes an official announcement of the number of votes cast for each candidate.2 The successful candidates are duly notified and later are installed in office. 99. The Short Ballot. — The ballot has had an interest- Develop- ing history during the last two or three centuries. In very Jf^^^ °^^^^ early colonial times and in England until recent years, votes lan" ballot, were given verbally. The written ballot came into use in the northern colonies in the seventeenth century and has been used universally in the United States for many years. Until about 1888, however, each party printed its own ballots for its members, open ballot boxes were used, and voters deposited their own ballots. They did not always limit themselves to one each, a misdemeanor which was known as " stuffing " the ballot box. After 1888 practically all of the states adopted the plan of printing official ballots, giving the names of the candidates of all parties. Because the number of elective officials is large and many constitu- tional amendments and proposed laws are included, these ballots frequently contain several hundred names and are nearly a yard square. As it is practically impossible for even the intelligent voter to inform himself clearly on the respective merits of so 1 Each party is allowed to have a certain number of "watchers" who make sure that the election proceedings are perfectly regular. Any voter may be "challenged" by any other voter on the ground that the former is not eligible to vote in that precinct. He must then take oath that he has a right, or he will be excluded from voting. 2 It is customary to require only a plurality, that is, a larger vote than is received by any one else, not a majority, for election to public office. io8 THE NEW CIVICS Reasons for adopting a shorter ballot. Universal require- ments for voting. many candidates, there has been in recent years a strong movement to simplify the ballot. Two dissimilar reasons are advocated for this change; first, that if the voter cannot vote inteUigently on so many names, the party machines have too much influence in the selection of public officials, and secondly, that only those officials need be selected by the public whose work deals with public policies. Many reformers as well as short ballot advocates believe that public ofiicials whose duties are purely administrative, that is, concerned with routine affairs or with the simple application of clearly defined laws, should be appointed by some re- sponsible person who can judge the fitness of the applicants for that work better than it can be determined by the average voter. The short ballot has been adopted rather extensively within recent years. ^ 100. Who May Vote. — There are three practically uni- versal requirements for voters. The first is residence, for no one is allowed to vote unless he is a bona fide resident of the precinct, county, and state in which he seeks to cast his ballot. The second is the age requirement, since all voters in each state must be at least twenty-one years of age. The third requirement is that of citizenship. Three quarters of the states permit only full-fledged citizens to take part in elections, although the others grant the elective franchise to aliens who have declared their intention of becoming citizens.2 1 Some cities have adopted the short ballot and elect only members of a small coimcil or commission, a mayor, and one or two important financial offi- cials, all others being appointed. Especially in those cities that have the com- mission form of government the ballots now contain only about one quarter of the names which formerly appeared on that document. A few of our states have Umited the number of elective offices and a very few counties have intro- duced changes of the same type. As we noted above (§ 91), the nimiber of elec- tive officials connected with the national government is very small. ^ In the seventeenth century no one dreamed of imiversal manhood suffrage In those days no American was permitted to share in the election of public officials unless he was a Protestant who owned real estate. In the first half of the nineteenth century, when a strong democratic movement took place, citizenship replaced property qualifications for all white men and many resident aliens were given the right to vote in addition. In 1870 the Fifteenth Amendment to the Constitution of the United States gave to negroes the same voting rights as whites ELECTIONS 109 A.11 classes on whom the right to vote is not directly con- Excluded in< ferred naturally are debarred from voting. In addition dividuals or some persons in the permitted classes are also excluded legally otherwise from sharing in elections. Persons who are insane or other- would vou. wise incompetent are universally excluded, as are men convicted of some serious crime for which they have not been subsequently pardoned. Inmates of public institu- tions and paupers sometimes are debarred from the exer- cise of the elective franchise. Some states have tried to raise the intellectual standard of the voter by shutting out those who cannot read or write. A few southern states, in a rather successful attempt to exclude negroes, adopted " grandfather clauses." These clauses provided that any person who failed to meet the state requirement for voters, that is, abihty to read or possession of property, should not be excluded if he or one of his ancestors had voted before 1867. 101. Woman Suffrage. — By 1919 fifteen states had Woman suf- adopted full woman suffrage and four had, by statute, con- ^^^^^ ^^ ferred the elective franchise on women for all offices not mentioned in the state constitution. Nearly one half of the other states permit some form of partial suffrage. A reso- lution proposing a constitutional amendment to provide for nation-wide woman suffrage was defeated in the senate in 19 1 9 by a single vote. When suffrage was extended to all white men in the nine- History of teenth century, these men very soon secured legislation Z1^^^ ^^' which gave the common man more rights. In consequence many women demanded suffrage. At that time in some states they did secure many rights, but they did not gain the right to vote. Not until the later years of the nineteenth century did any territories and states extend the elective franchise to women. In 19 10 a new movement in favor of woman suffrage started on the Pacific coast. The accom- panying map shows how far this movement has extended. possessed. Since 1870 there has been a demand for more discrimination in de- ciding who may vote. Not only have certain groups been excluded, as noted m § 100, but the elective franchise has been extended to new classes. frage. no THE NEW CIVICS The problem of adopting woman suffrage. The woman suffrage movement is only a phase of the woman's movement in general. That woman suffrage will be extended further admits of no question whatever. This is not the place to discuss the merits of ^' votes for women," but two things should be considered: (i) whether women are not as vitally interested as men in the work done through our government for the individual and society, and (2) whether women's interest in public affairs makes them competent to form judgments on the merits of candidates Gerryman- dering. Full Suffrage PresKleotiol and MuDlcipal Su^'rage Preaideatial Sufl'rage and of public questions. Certainly the woman of to-day has an attitude toward public problems which is radically different from that of the woman of yesterday, and the woman of to-morrow, even in the more conservative states and communities, is likely to demand and deserve a larger share in the direct work of governing this nation. 102. Problems of Elections. — Practically all of our lawmaking bodies are made up of representatives chosen for short terms from districts into which the states, counties, and cities are divided. In each case the real basis of repre- sentation is population, provision being made for reappor- JiLECTIONS III Proportional representa- tion. tionment of members and redivision of districts every ten years, following a national census or a special state census.^ There is great danger that in rearranging districts the party in power will seek to " gerrymander " some districts. By ^' gerrymandering " they strive to arrange the districts for their own benefit in order that their party shall elect far more than its share of members to later legislative bodies. Because of the danger of " gerrymandering," and because the majority party usually elects far more than its share of representatives, many reformers have advocated some form of proportional representation. It is believed that if the districts from which representatives are chosen are made sufficiently large and many representatives are chosen from each district, the smaller parties will then secure some pro- portion of the legislators ; whereas now the small parties have no representatives and a large minority party has a very small percentage of votes. The chief obstacle to the adoption of proportional representation seems to be the strong attachment of the American people to the practice of electing from a single district one legislator who is a resi- dent of that district.2 103. Efforts made to Guard the Purity of Elections. — In popular governments such as ours, it is unfortunate if ^"^^^s from anything prevents the people from voting or from electing as bribery, public officials the persons whom they wish. If any set of men, by using undue influence, bribery, force, or fraud, can defeat the wishes of the people, they have to that extent injured our political system. Only a few years ago, before the reformed ballot was adopted, it was very difficult for a man to vote secretly, as partisan workers were allowed free access to the polling places and there was httle difficulty in learning for which party the vote was cast. The buying of 1 It is supposed that the different districts used for the election of representa- tives to the same body are nearly equal in population and that they are contigu- ous and compact, but it is not always easy to make them so. ^ For a criticism of our representative methods by a distinguished English student of American government see Bryce's American Commonwealth, abridged edition, pp. 143-146, 334-336- Dangers 112 THE NEW CIVICS Corrupt practices acts. Checks in elections. Removal of law breakers. Removal of corrupt oflS- cials. votes, both before and at election, was very much more common than it is now. Often election officials tampered with election returns. Especially prominent among the means used to prevent bribery of voters are the '* corrupt practices acts," which re- quire the different candidates to file, after election, with the state secretary of state or county clerk a complete state- ment of all money which they have expended. Some po- litical party committees voluntarily publish reports of their receipts and expenditures, because of the popular opposition to the abuses of an earlier day. Corrupt practices acts which do not include publicity for party finances are of lit- tle value. In fact, Congress and many states do not allow parties to receive campaign contributions from corporations, •because formerly corporations in offering financial help to the parties had " a lively sense of favors to come." Congress will probably limit the amount to be spent by each national committee in any presidential election. 104. Responsibility and Removal of Elected Officials. — All popular governments should provide adequate means not only for the full and free expression of the popular wishes in elections, but for enforcing a proper amount of respon- sibility among public officials. The chief dependence in times past has been on short terms and frequent elections. These have acted as a check on prolonged abuse of powers and have given the people the opportunity to replace ineffi- cient or unworthy public servants. In the national government and in most of the states laws exist which provide for the removal of officials guilty of open bribery or other forms of corruption. That these have been applied with some slight success is shown by the removal and imprisonment of several congressmen, of legislators in a few states, and of mayors and a few other elected officials in cities that were badly governed. When an official grossly betrays public interests which have been intrusted to his charge, even though he is not guilty of law breaking, resignations are sometimes, though not often, ELECTIONS 113 obtained through the pressure of pubUc opinion. Valuable as public sentiment may be in enforcing responsibility- — and "it is undoubtedly the strongest force that can be exerted — it usually fails to prevent the continuance of the worst forms of misgovernment, unless the law covers the offense committed and the courts apply the penalty without fear or favor. Very important officials may be removed by im- peachment (§§ 191, 224). A comparatively new means of forcing elected officials to observe wishes of their constituents is iYit recall (§ 121). General References Ashley, The American Federal State, 423-437. Dallinger, Nominations for Elective Office, Part II. Hart, Actual Government, 65-85. Fuller, Government by the People. Childs, Short Ballot Principles. Cleveland, Organized Democracy, Part III. Jones, Readings on Parties and Elections, 53-168, 212-250. Shambaugh (ed.), Iowa Applied History Series, I, 261-417, II, 277-496. Topics Primary Elections: McLaughlin and Hart (eds.), Cyclopedia of American Government, III, 49-55 ; Cleveland, Organized Democracy, 228- 242 ; Reinsch, Readings on American State Government, 383-394. Woman Suffrage : C\evela,iid, Organized Democracy, iSi-i6S; Sea- well, M. E., in Atlantic Monthly, 106 (1910), 289-303; Knobe, B. D., in World's Work, 22 (1911), 14733-14744; Jones, Mrs. G. E., in Annals of the American Academy, 35 (1910), May Supplement, 16-22; Beard, Woman's Work in Municipalities, 319-337; Sumner, Equal Sufrage. Studies 1. The old-fashioned primaries in large cities. Dallinger, Nomina- tions for Elective Office, 100-121. 2. Election reform — the trend toward democracy. Ruppenthal, J. C, in Annals of the American Academy, 28 (1906), 411-441. 3. What proportion of the possible voters actually vote? Hart, Practical Essays on Government, 20-57. 4. The people and direct nominations. Reinsch, Readings in Ameri- can State Government, 414-421. I 114 THE NEW CIVICS 5. Direct primaries and the second ballot. Holcombe, A. N., in American Political Science Review, 5 (191 1), 535-552. 6. The American voter. Gettell, Readings in Political Science,, 305- 317. 7. Campaign oratory. Hale, W. B., in World's Work, 23 (191 2), 673-683. 8. Gerrymandering. Griffin, H. F., in Outlook, 97 (191 1), 186-193. 9. Rotten boroughs of New England. Jones, C. L., in North Ameri- can Review, 197 (1913), 486-498. 10. The Short Ballot. Childs, R., in Reinsch, Readings on American State Government, 372-383. 11. Proportional Representation. Jones (ed.). Readings on Parties and Elections, 164-168. 12. Bribery laws. Reinsch, Readings on American State Government, 428-432. 13. Corrupt practices in cities. Osbom, W. C, in Conference for Good City Government (19 10), 490-497. Questions 1. Name several ways in which people cooperate in government. 2. Learn, if possible, how many primaries were held by each political party last year in your precinct. Were they well attended? 3. Outline the history of nominations and primaries. Show that each new form was more democratic than the one immediately preceding. 4. Explain the methods and importance of the direct primary. Describe the organization and procedure of a presidential nomination convention. What was the significance of the statement of prominent politicians a few years ago, that the methods used in presidential nom- inations were like hash, the less known of the ingredients the better? 5. Who may vote in this state? What classes of persons are ex- pressly excluded from voting? What length of residence for voters is required in the precinct? in the county? in the state? 6. In what voting precinct do you live ? Give its boundaries. Where is the usual poUing place ? How many votes were cast within the pre- cinct at the last election? 7. On what day are congressmen elected? members of the state legislature ? the governor of the state ? the county officials ? the mayor of the city? How long are the polls kept open? 8. How many states have full woman suffrage, partial woman suf- frage? Why will woman suffrage undoubtedly be more general in the future than it is to-day? 9. Explain these names or terms : rotation in office, one-man power, patronage, caucus, straight ballot, elective franchise, gerrymandering, proportional representation, bribery, corrupt practices. CHAPTER VII OTHER MEANS OF POPULAR CONTROL The Work of the Political Parties 105. The Importance of Party Activities. — The im- The poUtical portance of the work done through the pohtical parties ^^^^^^^fo^r must be apparent from the preceding chapter, for govern- government, ment in the United States means government by the people to a large extent acting through political parties. The elec- tors must organize not only to nominate candidates but to secure their election, and the political party has furnished the best form of permanent organization for those persons who hold the same views on public questions or who desire to act together. It would be impossible for the American people to govern our country without some means such as political parties for developing and expressing public senti- ment as well as for the great task of filling the numerous pubhc offices. The parties have done and are now doing an inestimable service in uniting the people, in preventing state isolation and sectionalism, and in creating a spirit of harmony in the actual working relations of state and national governments — the two great divisions of our federal sys- tem (§ 66). In order to perform its important work in connection with Party organ- the selection of public officials, each party maintains a per- ^^^^^°^- manent organization consisting of committees. For the nomination of candidates it uses direct primaries and con- ventions. As we have already observed how primaries and conventions are composed, and what methods they use in nominating candidates (§§ 94, 95), we need consider only the party committees. "5 ii6 THE NEW CIVICS Composition of political party com- mittees. Executive committees. Work in con- nection with primaries. 106. The permanent party committees are composed of representatives elected by the members of the parties for terms of two to four years. The ward committees, the city committees, and the county committees are chosen in pri- mary elections or are appointed by local conventions made up of delegates selected chiefly for that purpose in the pri- maries. The members of the state committees are selected by county conventions. The national committees of each party consist of one member from each state, elected by the delegates from that state to the national conventions which nominate candidates for President and Vice President. Reelection of committeemen being the rule, the committees are more permanent bodies than our county boards or state legislatures. As these committees may hold sessions at any time, and as the local committees usually act in connection with the state and national committees, each party has an organization of considerable power and efficiency. Just before each important election, special executive committees are appointed to take charge of the campaigns. These may be subcommittees of the permanent committees, or they may represent the candidates or even the leading candidate exclusively. They seldom hamper the regular committees, for political parties, as a rule, subdivide the work to be done and secure the cooperation of their different organizations in such a way as to obtain a maximum of results. 107. The work of the party committees includes the calling of party conventions and the management of the conventions and election campaigns. They usually propose to the primaries lists of names, popularly known as '' slates," and use every means to secure the election of these men as candidates. Conventions are frequently dominated by the committees in the same way, especially when a committee is working for itself and not for the party. During the campaign, both before election and on election day, the committees are very active in securing votes for the party .candidates. Because of the completeness of the committee finance. WORK OF POLITICAL PARTIES II7 organization, and the harmony with which the party works together, the whole system of party committees is frequently known as the " machine.''^ The task of raising money which is assigned to the cam- Party paign committees often taxes the utmost ingenuity of the party managers. Formerly, speakers and other partisan workers gave their services, expecting to be repaid by offices if the party was successful, but the gradual abandonment of the spoils system (§ 112) has compelled a change of methods. A generation ago an important source to party revenue was the enforced contributions which all officeholders were compelled to give — a custom broken up by the first attacks on the spoils system. Revenue to-day comes chiefly from dis- interested party men of considerable public spirit, from the candidates, who expend less personally than through com- mittees, and from men whose interests might be affected by the success of the party. Until forbidden by law (§ 103) many corporations contributed to the treasuries of one or both great parties. The legitimate expenses of some cam- paigns are enormous ; the expenditure of the national com- mittees have reached millions and occasionally have covered eight figures. Unfortunately money is used occasionally for the corruption of voters, especially in great cities with a large foreign population. 108. The Parties and Public Oflace. — As pubUc office is Parties and the chief goal of party effort, the success of our repubHcan government depends to a great extent on (i) whether the party organizations depend on the rank and file of the party voters, and .(2) whether the " machine " uses proper methods. If the party managers nullify the will of the party in either of the vital stages of popular election — the direct primary or the election — there is no longer truly popular government. Efforts have been made in recent years to make the party more truly representative of the people by passing direct primary and preferential primary laws. These place primary elec- tions and consequently the nomination of party candidates under the direct supervision of the government, but, as no elective oflSce. Il8 THE NEW CIVICS scheme is self-operating, and as organized effort is essential for success under any conditions, good government and popular government do not necessarily follow these reforms in the methods which must now be used. An inducement even greater than that offered by elective office, because less subject to popular control, is that pre- sented by the large number of appointive positions. More than 100,000 national positions are filled without consult- ing the National Civil Service Commission (§ 114). Fewer than 100,000 regular paid officials are elected by the voters in our states, counties, cities, and towns, and other local districts, but probably between 300,000 and 400,000 per- sons besides school teachers are appointed in these same governments, very many of whom are not selected solely or chiefly because of ability. Thus, at present, patronage running up into hundreds of millions a year is the reward not so much of the persons elected as of the power behind the throne — the machine. The immense influence wielded because of the control over so many positions, coupled with the advantages that may be derived from expending nearly two billion dollars a year for other purposes, has developed and maintained the machine organization. As the temptation to turn these party organizations into close corporations has, consequently, been too strong to be resisted, except in the rural districts and a few cities, the committees which were meant to serve their party have more often come to domi- nate it. Rings." ^09- Bosses and Rings. — The misuse of power in con- troUing appointments and elections, as well as in the making of laws, is the great danger of popular government through parties. Organization is essential for carrying on the work of government. Success may require and usually does re- quire that the organization be so complete that it respond quickly to the commands of its managers, as an army does to the orders of its general. If the managers form a '' cUque," determined to use the party organization for selfish ends, these partisan dictators form what is known as a " rmg." WORK OF POLITICAL PARTIES 119 A striking instance of the enormous power that may be wielded by a ring is given by the famous Tweed Ring, which controlled the government of New York City for several years, during which more than $100,000,000 from the city treasury was wasted or stolen. *' In a ring there is usually some one person who holds The more strings in his hand than do the others. . . . His su- perior skill, courage, and force of will make him, as such gifts always do make their possessor, dominant among his fellows. An army led by a council seldom conquers ; it must have a commander-in-chief, who settles disputes, de- cides in emergencies, inspires fear or attachment. The head of the ring is such a general. He dispenses places, re- wards the loyal, punishes the mutinous, concocts schemes, negotiates treaties. He generally avoids publicity, preferring the substance to the pomp of power, and is all the more dangerous because he sits, like a spider, hidden in the midst of his web. He is a boss. " ^ Boss rule is chiefly objection- able because it represents an extreme concentration of power, with comparatively little chance of enforcing re- sponsibility, although in the long run no boss can maintain his position in the face of popular opposition. This govern- ment by bosses and rings that really rule the officials who are supposed to govern us has very aptly been called " invisible government.^' 110. The Voter and Political Parties. — Every voter must decide for himself several important questions regard- ing his relation to the political parties. Shall he remain independent of all the parties, voting first with one and then with another, or shall he be a party man, identifying himself with one party ? Will it be best for him to vote always with his party? If not, when shall he espouse the cause of his political opponents, or vote for some other candidates? Many earnest citizens beUeve that by holding aloof from all parties, they can be independent and vote for the best candi- dates without prejudice. They, of course, are debarred from ^Bryce, American Commonwealth, 2d ed., II, 104. The question of independ- ent voting. 120 THE NEW CIVICS l?artisan voters in gen- '^ral and local elections. taking part in the primaries of any party, as they belong to none. Some corrupt men also neglect to ally themselves with any party, but vote for the one which offers them the best inducement at a particular election. The majority of the voters, however, are party men, some of whom are bound to their party by the strongest of all ties, those of sentiment. Many of these men believe in the motto, " our party, right or wrong," and support it at all times and under all circumstances, even when the nominees are unfit men, acting as the tools of dishonest politicians. Most party men are undoubtedly .willing to *' scratch " their tickets, that is, to refuse their votes for a man whom they consider unworthy, although in most cases they will vote a " straight " ticket — supporting every candidate of their party. Among men who vote a straight ticket at national elections and even at state elections, there is a decided movement toward voting independently in local elec- tions. They think that in state and national elections it is necessary to uphold the party's policy, but that, when mu- nicipal or county officials are chosen, the question of the individual fitness of the candidates is the only important thing to be considered. Methods and needs in ap- pointment. The Appointment of Public Officials 111. Appointments and Removals. — In none of our gov- ernments are all officials selected by popular vote, but the majority of the persons who hold office through appointment are employees rather than officials, although many who have duties of the greatest importance are appointed. A few of these appointed persons are connected with the legislative branch of the government, a larger number belong to the judiciary, but an overwhelming majority have executive or administrative duties.^ Almost all high appointive officials 1 The term administrative will be used as practically synonymous with the word executive, although it refers to subjects such as finance, education, or public improvement, which involve the execution of law very little but its application to a marked degree. APPOINTMENT OF PUBLIC OFFICIALS 121 are chosen by the chief executive of the government to which the position belongs ; that is, by the President, governor, or mayor, with the advice and consent of the national or state senate or of the city council. Since this division of responsi- bility frequently leads to real appointment by some member of the legislative body instead of by the chief executive, no blame can be attached for poor selections and no credit given for meritorious appointments. Terms of appointive office are usually short or indefinite. Removals. In order that the head of each government may have a set of workers dependent on him, who will carry out his plans, and policy, he or his subordinates frequently have the right to remove persons whom they appoint. The power of re- moval is essential to efficient, responsible government^ but its abuse opens the way to the worst features of bad government. 112. The Spoils System. — For more than a half century. Use and ob- it was the custom in the United States to change the whole Jection. corps of minor appointed officials and many of the employees whenever there was a change in the elected head of any de- partment of government, on the principle that '' to the vic- tors belong the spoils." The places made vacant by these removals were filled by followers of the new chief, or by persons to whom he was indebted for partisan favors. This custom, popularly known as the " spoils system," gave us neither a skilled nor an efficient body of public servants, and did so much harm that a widespread demand for " civil service reform " arose. The opponents of the '^ spoils system," which still per- The need of sists for about one third of the administrative positions in drained pub- lie S6rV3f]ltS the United States, have worked earnestly for the adoption of a system in which officials should be appointed and pro- moted, not by reason of political influence, but solely on merit. They have maintained and proved that it is not nec- essary for these appointed officials to hold any particular views on political questions, but that, on the contrary, only trained and competent persons can properly perform the duties of these positions. The old system, which compelled 122 THE NEW CIVICS National Civil Serv- ice Com- mission Act of 1883. Important changes under Presi- dents Cleve- land, Roose- velt, and Taft. Three groups in our na- tional civil service. appointed officials to give contributions of money and to work during the campaign and at the polls for the heads of their departments or their partisan chiefs in order to retain their positions, has been shown to be unjust to officeholders and dangerous to a system of free elections. 113. Development of Civil Service Reform. — The civil service of any government includes all officers under that government who are not connected with the army or navy. In other words, civil service is distinguished from mihtary service. After President Garfield was assassinated in 1 88 1 by a disappointed office seeker, a civil service reform act was passed by the national government in order that the personnel of the civil service should be made up of efficient pubHc officials rather than of party followers. This law provides for a commission of three members which aids the President in the selection of subordinates, makes rules for the examination of candidates for numerous executive offices, and arranges for appointment and removal of these officials. As these offices have been arranged in classes, we apply the name " classified service " to those positions filled after com- petitive examination under the Civil Service Commission. At the beginning only about thirteen thousand positions were controlled by the Commission. During President Cleveland's second term it gained the right to make mau^ more appointments in the Interior, War, Navy, and Treasury departments. This change doubled the number of posi- tions in the classified service. President Roosevelt, himself a former national civil service commissioner, again doubled the number of offices filled by the Commission. Under President Taft the number was increased by the addition of all fourth class postmasters. 114. Civil Service at Present. — At the present time there are more than one half milUon national civil service positions. Many of these are filled by laborers and con- tractors who would almost of necessity be exempt from com- petitive examination. Of the others, something more than ten thousand (three quarters of whom are first or second or APPOINTMENT OF PUBLIC OFFICIALS 1 23 third class postmasters) are appointed by the President with the consent of the Senate. About seventy-jive per cent of the remaining national offices are filled hy the Civil Service Com- mission,^ which still consists of three members appointed by the President for an indefinite period, no more than two of whom may belong to the same political party. Most of the government employees in the United States Civil service are connected either with the national government or with ^^^^^™^ ^^, local governments. Consequently few states have made cities, provision for appointment of state officials by civil service commissions. In cities also appointment after examination has been introduced slowly. However, more than two hun- dred and fifty cities are now under civil service rules, about two thirds of which are in the three states of Ohio, New York, and Massachusetts. 115. The Problem of Civil Service, Public Control, and Good Government. — In a democratic country there are at least two great problems which must be considered in con- nection with the appointment of public officials. The first ^ Whenever vacancies occur or are likely to occur in any office or group of positions, examinations are held by local bodies in different cities throughout the country under the general supervision of the national Civil Service Com- mission. The written examination is more or less general. In addition the examining boards seek to determine the actual fitness ot the candidate for the position, taking particularly into accoimt the length and the success of his ex- perience in similar positions. Candidates are then arranged in groups of three according to their standing. When the commission is notified that a vacancy actually occurs, it recommends to the appointing officer the three who stand highest. From these the person under whom the vacancy occurs selects one who is appointed temporarily to the position. If his work proves satisfactory for six months, the appointment is made permanent. If not, the commission sends to the appointing officer the names of the three who are next on the list and the process is repeated. No person is removed from the classified service except for cause which is explained to him in writing. The incumbent has opportunity to defend himself and may appeal not only to officers higher up, but to Congress. There is far more danger that the classified service will be clogged with really incapable and superannuated men than that any employee will be removed unfairly. Government positions offer less incentive to ambitious workers than do private business companies, yet no private firm expects to keep all of its employees for a lifetime. In years to come there will be great danger of a superannuated civil service list because our national government makes no provision for re- tirement salaries or pensions when the worker has already given a lifetime of service to the public. 124 THE NEW CIVICS Need of se- lecting only the best men as ap- pointive oflficers. • Results, not necessarily popular methods, chiefly desirable. is this : how shall the public secure such officials as it wishes to carry on the work of government, if it does not have any share in the direct selection of those officials? It must naturally grant to some third party full power of appointment, since it cannot approve these appointments directly or re- move the incumbents easily. It must make that person or group absolutely responsible for the fitness of the appointee as a public representative and as a person capable of per- forming the duties of the office for which he is selected. The second problem is not the problem of public control but of good government. It may be desirable that the people should really be represented by all the ofiicials in their gov- ernments ; it is necessary that the personnel of the civil serv- ice be made up of persons capable of doing their work weU. Certainly the partisan henchmen who were appointed, under the spoils system, neither represented the public nor gave us good government. Certainly also the selection of officials through competitive examination has been a fairly satis- factory remedy for the evils of the spoils system. It is main- tained, however, often with some force, that our present civil service reform methods are impractical and do not de- termine fitness ; that the service already is becoming clogged with persons who have outlived their usefulness, and that no chief can organize his forces into a competent, unified corpb of workers which will make an efficient organization of the department as a whole. Personality and ability to cooperate with one^s fellows and with one's chief are necessary qualifica- tions which cannot be determined by any set of rules. The best results will never be obtained until we trust our elected executive officials, and until we depend on the judgment and integrity of all whom we elect to manage our public affairs. For good appointive officers and for good government in general we may say with J. G. Holland : God give us men. The time demands Strong minds, great hearts, true faith, and willing hands ; Men whom the lust of office does not kill ; Men whom the spoils of ofl&ce will not buy; INITIATIVE AND REFERENDUM 1 25 Men who possess opinions and a will ; Men who have honor ; men who will not lie ; Tall men, sun-crowned, who live above the fog In public duty and in private thinking. The Initiative, Referendum, and Recall 116. Direct Legislation ; the Initiative. — Democratic Why officials government consists of much more than the selection by the ^^^^°^ ^^ ^° public of certain elected or appointed officials to represent do as the the people. In the making or enforcing or interpreting of i>^^^<^ laws it is sometimes difficult for even well-informed officials to know what the public wants. Very often certain high- minded officials refuse to do what the public desires because they feel that the best interests of the public demand some- thing different from that which it wants. Far more fre- quently the public is misrepresented by officials who are selfish or who recognize as their masters not the public but some boss or corporation or interest. For the solution of some of these problems we have developed two forms of direct legislation, which are known as the initiative and the referendum. " By the initiative is meant the right of a stated percent- Definition of age of the voters, in any state or municipahty, to propose ^"^tiative. both constitutional and ordinary laws, and to require that, if these be not enacted forthwith by the state or municipality legislatures, they further be submitted for ratification to the whole body of voters." ^ The initiative in the form of a petition has existed in the Twentieth United States since early colonial times. During recent century prog ,,...., / , . - , ^ , . ress of the years the mitiative has been adopted, for the proposal of initiative, local ordinances or state laws, in a number of our states, particularly in the middle West and the extreme West. The first of these to use the initiative with the referendum was South Dakota in 1898. By 1916 eighteen of the forty- eight states, usually by constitutional amendment, had ^ Munro, Initiative, Referendum, and Recall, p. i. 126 THE NEW CIVICS Use of the referendum before 1900. Referendum in connection with state laws. arranged for the use of the initiative ^ and referendum together. 2 117. The Referendum. — The referendum, or popular ratification of laws, has existed in some form within the United States since the Revolution. It was at first re- stricted to constitutions, with constitutional amendments added but Uttle later. It is now used universally for both of those. Before 1840 it had been introduced in connection with certain local laws passed by the state legislatures, which became valid if approved by a specified percentage of the voters in the district to which the law applied. During the later nineteenth century the referendum was introduced for local laws and bond elections. This use survives and has been extended.^ The distinctively modern use of the referendum is con- nected with the ratification of state laws. If a state law has been proposed by initiative, and the legislature has neglected to act upon that law, a referendary vote on it is taken at the next election. On the other hand, if the legislature has passed a law which is disapproved by many people, they can on petition temporarily suspend the law and compel the government to submit it to popular vote. When people speak of the referendum, they refer to this use of it, because 1 Comparatively few measures have been proposed through the initiative. Of these practically none have been adopted by the voters outside of the single sta{e of Oregon. 2 For the proposal of state laws the initiative petition must be signed by from five to eight per cent of the voters who took part in the previous election. Con- stitutional amendments may be proposed by eight per cent, but sometimes fifteen per cent are required. It is difficult to secure even this small percentage over an area as large as most of our states. In the proposal of local ordinances or measures a much larger percentage of the voters is required, usually from fiftetn to thirty per cent, because it is easier to get that percentage in a small community than it is to get even five per cent of the voters of an entire state. 3 The vote of a county may be necessary upon such subjects as the division into two or more counties, location of the county seat, the sale of bonds for various objects, and upon the sale of liquor. In many states cities are never incorporated without popular vote, nor are districts annexed to a city without their consent. More and more the city councils are being restricted in the appro- priation or borrowing of money, unless they have first called special elections and obtained the consent of the voters. INITIATIVE AND REFERENDUM 127 only the modern form of the initiative and referendum de- serves to be called direct legislation. 118. Use of Direct Legislation. — It is somewhat sur- prising that the initiative and the modern referendum for state laws have not been used very extensively outside of the single state of Oregon. In three fourths of the eighteen states which had the initiative and referendum before 19 16, it is safe to say that not more than a dozen measures which were Limited use of direct legia lation. INITIATIVE & REEERENDLH 1916 Direct legislation in most complete form Complete except for initiative for constitutioiial - - ' — '■ Referendum only. No direct legislsl submitted were approved by the people. In Oregon, on the contrary, from the very beginning the initiative and the referendum have been used extensively.^ In general we notice that the referendary vote which is Compara- given upon a,ny measure is ordinarily much smaller than tiveiy small the vote at the same election for officials such as governor direct legis- and members of the state legislature. This does not neces- lation. sarily show a lack of interest in the proposed law by the voters; but it may indicate the difficulties encountered by ^ In 1910, for example, the number of measures submitted to the people of Oregon was thirty-two, of which, however, only nine were adopted. In some other Oregon elections about two thirds of the measures submitted have been approved by the voters. 128 THE NEW CIVICS The Refer- endum as i check on the people. The use of the referen- dum in finance. Good influ- ence of the initiative. the voter in forming an opinion on the merits of the pro- posed law. 119. Advantages of Direct Legislation. — The indirect influence of the referendum can be estimated only imper- fectly, but it has certainly acted as a serious check upon constitutional conventions and legislatures. Moreover, it has educated the people concerning the nature of our political institutions, because they are more interested in those things in which they take part. When used for local affairs, it guarantees local autonomy under general state laws which insure a certain necessary degree of uniformity. So long as it acts in this way as a conservative force, dealing solely with matters of importance, it possesses a marked value for both the people and the government. Where it takes the final decision on matters of finance out of the hands of county boards, city councils, or boards of pubhc works, it prevents official corruption, which was common a few years ago. If the granting of franchises is always subject to popular vote, there is less danger that corporations can influence the government to their own ad- vantage. Until we reach that desirable condition where not even a fair proportion of our representatives '' have their price," direct popular participation in the affairs of the government, whether for city finance or senatorial elections, will be sought as the great remedy for political ills. The initiative gives opportunity to force legislative as- semblies to respect pubhc wishes, for it may demand a popular vote on the subject presented. The existence of a means to pass laws without consulting the legislature makes that body chary of ignoring bills which are likely to become statutes through the initiative and the referendum. To pro- tect its own powers and preserve its dignity, the legislature itself is therefore likely to approve bills which the people desire. For this reason it may become a more representa- tive organization. 120. Defects of Direct Legislation. — There is a vast difference between the referendum and initiative as popular INITIATIVE AND REFERENDUM 1 29 checks upon the government and as means of actual legisla- Direct legis- tion. The business of government, hke any other business, ^^^°^ ^^- , . . represents.- requires full knowledge, thorough training, and wise ex- tivegovem- perience. As we noted above, American government has ment. been preeminently republican in character, that is, government through representatives. The representatives should be se- lected because of their fitness for the duties that they are asked to perform. If this is not done, the law will lose in unity and in character just in proportion as it becomes popular. There are certain features of lawmaking which every adult Advantages ought to understand, but to expect that each voter is fitted of legislatior 1 r 1 1 • /• 1 1 . . , by compe- properly to perform the duties of lawmakmg is more than tent legis- unreasonable, it is ridiculous. The original drafts of prac- Jators. tically all laws, even when made by experts, are more or less defective. Discussion of proposed legislation in two branches of a legislature tends to remove some of these defects. In direct legislation the laws have none of these advantages and are likely to be drawn up poorly and therefore exceed- ingly unsatisfactory in form. Moreover, at every election many who vote on officials neglect to vote on laws or con- stitutional amendments submitted for popular ratification. When the functions of government are assumed by the How direct people, and less dependence is placed upon the legislatures, {^gisiation less care is taken also to secure suitable persons to make the legislature laws. The truth of this statement is shown in the com- and de- position of our state legislatures and our city councils, both sponSiMy of which have been shorn of many powers in the last half century. An extension of direct legislation will aggravate these serious evils (§ 194). Instead of making our legis- lative bodies more directly responsible, we are reducing responsibility for legislatures through the initiative and the referendum. 121. The Recall. — The recall is the right of any group of Nature and voters to remove any elected official from office before the ^^^^^ *^^ expiration of his term. When any ofiicial fails in the opin- ion of his constituents to carry out their wishes in the making K I30 THE NEW CIVICS Advantages and disad- vantages of the recall. Recall of judges and judicial deci- sions. of laws or in the administration of government, some right of removal is necessary if they are to be properly represented.^ The recall was used first in connection with local offices, but by 1916 it had been adopted in seven states of the extreme West and in three other states for most state and local offices. In four of these, however, it does not apply to judges.^ The recall is a very effective, although rather dangerous, instrument for securing responsibility of elected officials. By the use of the recall it is possible to have longer terms for elected officers, without the officials getting out of touch with the people. It may, therefore, help us to keep democratic government without depending on objectionable short terms. On the other hand, there is danger that an elected official through fear of removal might become a dele- gate rather than a responsible representative of the people. It would be far better to allow a representative to use his own judgment than to have his own will and opinions dominated by his constituents. The dangers of the recall have been particularly empha- sized in connection with the judiciary, which we wish to keep independent not only of legislatures and executives but of popular pressure as well. Not only have several states which have adopted the recall exempted all judges from its operation, but its use has been limited by the fear that judges may be dominated by the people.^ It has been sug- * Before the adoption of the recall, provision was made in state and national constitutions, or in supplementary laws, for the removal of important civil oflScers by impeachment and the expulsion of members of legislatures by the body to which they belonged. ^ If the people wish to institute recall proceedings, a certain percentage of the voters in the district from which the unsatisfactory ofl&cial was elected ask for a new election in which the incumbent must compete on equal terms with other candidates for his position. Unless some other candidate receives a higher vote than the incumbent, he retains the place for the remainder of the term for which he was elected originally. ^ President Taft refused to let Arizona enter the Union until the prospective state had removed from her state constitution the provision by which judges might be recalled. At that time Theodore Roosevelt suggested the recall of judicial decisions. The recall of judicial decisions, however, has been adopted by only one state, and is evidently not the solution of the problem. POPULAR CONTROL 131 gested that the people should have the right to recall, not the judge, but any specific judicial decision. General References Hart, Actual Government, 86-112. Lowell, Public Opinion and Popular Government, Part II. Bryce, The American Commonwealth, II, Part III. Beard, American Government and Politics, Chaps. VII, XXIII, XXX. Macy, Party Organization and Machinery. Woodburn, Political Parties and Party Problems. Ostrogorski, Democracy and the Party System. Fish, Civil Service and the Patronage. Young, The New American Government, 549-627. Reinsch, Readings on American Federal Government, 683-702. Munro (ed.). The Initiative, Referendum, and Recall. Beard and Schultz, Documents on Initiative, Referendum, and Recall. Wilcox, Government by All the People. Oberholtzer, The Referendum, Initiative, and Recall in America. Annals of the American Academy, 43 (1912), 3-31, 65-109, 203-215. Jones, Readings on Parties and Elections, 1-52, 169-354. Topics The Machine: Macy, Party Organization and Machinery, 96-110; Woodburn, Political Parties and Party Problems, 242-265 ; Bryce, American Commonwealth, II, 82-141 ; Jones, Readings on Parties and Elections, 169-2 11 ; Ostrogorski, Democracy and the Party System, 225- 281. The Progress of Civil Service Reform : Roosevelt, T., in Atlan- tic Monthly, 75 (1895), 239-246; Larned (ed.), History for Ready Refer- ence, VI, 145-148 ; Shaw, W. B., in Review of Reviews, 31 (1905), 317-324. The Initiative : Munro (ed.). The Initiative, Referendum, and Recall, 1-57 ; Hendrick, B. J., in McClure's Magazine, 37 (1911), 435-450 ; Taft, Popular Government, 42-95 ; Oberholtzer, Referendum, Initiative, and Recall in America, 368-389, 391 et seq. The Recall: McL'^ughlin and Hart (eds.). Cyclopedia of American Government, III, 157-159;. Oberholtzer, Referendum, Initiative, and Re- call in America, 454-470; Taft, Popular Government, 168-174; Munro (ed.). The Initiative, Referendum, and Recall, 298-320; Annals of the American Academy, 43 (1912), 216-236; Wilcox, Government by All the People, 169-210. Studies I. The National Committee. Young, The New American Govern^ ment, 549-553- 132 THE NEW CIVICS 2. State party organization. Macy, Party Organization and Ma- chinery, 96-110. 3. Party j&nance. Macy, Party Organization and Machinery, 218- 229. 4. The spoils system. Woodburn, Political Parties and the Party Problems, 254-265. 5. Popular control through the ballot. Beard, American Government and Politics, 469-487. 6. Public administration as a profession. Gilbertson, H. S., in Re- view of Reviews, 47 (1913), 599-602; The Public Servant, May, 1916. 7. Direct legislation in Oregon. Munro (ed.) , The Initiative, Referen- dum, and Recall, 217-297. 8. Advantages of direct legislation. Munro (ed.). The Initiative, Referendum, and Recall, 194-216. 9. Disadvantages of direct legislation. Munro (ed.). The Initiative, Referendum, and Recall, 126-138. 10. The recall in Los Angeles. Stilson, F. J., in National Conference of Good City Government (1909), 326-333. Questions 1. Has a political party control of this state? of this city? What proportion of state legislators belong to each party? How long since the present minority party had control of your state ? Do a fair propor- tion of the voters of your locality vote independently in local elections ? 2. Explain the organization of a political party in your state. Show how money is raised for party expenses. Do any of the party leaders receive a salary? Should they not be compensated in some way? How? 3. Give three objections to the spoils system. State where it is used at present. 4. Give briefly the history of civil service reform. To what extent is it used by the national government? in cities? What problems have not been solved by competitive examinations? Why is good govern- ment more important than popular government? 5. What abuses and failures led to the use of direct legislation? What is the difference between the referendum adopted in recent years and that first used in the last century? Explain advantages and dis- advantages of direct legislation. 6. Compare the recall of judges and official decisions as means of (i) carrying out the popular will, (2) improving our governments, (3) maintaining the independence of the judiciary. 7. Define or explain these terms : machine, spellbinding, slate, boss, ring, graft, initiative, referendum, recall. CHAPTER VIII CIVIL LIBERTY AND PUBLIC WELFARE 122. Individual Rights and Social Progress. — The theory How general that he creates his own government is of httle value to the ^^^^[^^a? citizen, if in fact he does not. The fact that he actually liberty are does create and control his government is of no more value inseparable, to him if that government fails to perform the two pur- , poses for which it was created, namely, (i) the protection of society and the promotion of general welfare y and (2) the safe- guarding of the rights of individual citizens. It is necessary that government do both of these things ; for it does not safe- guard the real rights of its individual citizens or care for their best interests unless it does what is best also for society in general, nor can its work properly protect the people col- lectively if it sacrifices their rights individually. We can see this clearly if we examine more fully each group or class of individual rights. We have already noticed in the first chapter of this book Classes of that individual rights are of many kinds; for example, (i) "^^^^• protection against arbitrary action on the part of the govern- ment, (2) protection against other individuals who may in- jure us intentionally or unconsciously, (3) protection against dangers which arise from the rights of others, or from persons of wealth and influence with whom we have dealings, and (4) the safeguarding of opportunities such as good homes, sanitary surroundings, and a chance for a good education. Civil liberty includes all of the individual rights which we Close connec- have under or against our governments. Political liberty ^!°^ between includes all privileges which are enjoyed by a citizen who political lib- shares in the work of government. With very good reason erty. we believe that democracy and liberty are closely connected, 133 134 THE NEW CIVICS for world history is filled with examples of arbitrary rulers who oppressed their unfortunate subjects. It is not nec- essarily true, however, that a popular government best pro- tects a people from dangers or safeguards their opportunities. It all depends on whether popular government is the best gov- ernment} Bills of rights in English and American history. The national bill of rights. Need of state bills of rights to-day. Our American Bills of Rights 123. Constitutional Protection through Bills of Rights. — In past centuries, when kings ruled arbitrarily and royal governors disregarded the wishes of the people, it was nec- essary for the people to protect themselves by laws and documents such as Magna Carta (12 15), the Petition of Right (1628), the EngHsh Bill of Rights (1689), and the bills of rights in our first state constitutions. The bills of rights in our national and state constitutions at present are sur- vivals of the old form of civil Hberty ; that is, protection of the individual against the tyranny of the government or of any government official. Although we rarely suffer from ar- bitrary interference by our governments, it is still essential that we have constitutional provisions which, if necessary, guarantee to us as individuals protection from our rulers. When the Constitution of the United States was drawn up in 1787, no provision was made for a national bill of rights, but several states refused to ratify the Constitution until their leaders promised to propose constitutional amend- ments which would provide such a bill of rights. These national guarantees of liberty which are contained in the first ten amendments protect us, however, only against national officials, not against officials of the state and local governments. Protection against state officials comes chiefly from the bills of rights in our state constitutions. We can reahze the importance of these state bills if we understand that under 1 Nearly a century ago, a very ardent admirer of American institutions, an acute observer named De Tocqueville, warned us against the danger to the minority of the tyranny oj the majority. AMERICAN BILLS OF RIGHTS 135 our federal system of government (§ 66) the state and local governments make and execute almost all of the laws that concern our everyday affairs. We can appreciate, there- fore, the need of having state bills of rights which guarantee to the individual freedom from interference in his home, his religion, and his business. 124. Freedom of Speech, Press, and Petition. — It is difficult for a twentieth century American to realize how many th« oouolry of I ciLizen or tubjwl of citiMubip is, iadtxl, ft coatradiction i I>b» Imosi loritr i» th« party, vu SOCIALIST POWER FOR PEACE BEHIND THE PLEA FOR PEACE ud the protnt tciliiil ft policy of flooqu«sl ftad ftnnexfttion conUined in ih« re- «lll iMoifntoes of I ho fionfti DrroornU of Oarmftny, our pnn wriMn hftvo boon wondarisc In whftl purpoaaa of the Oormftn OovernisMif, whftl deairos ftod foan of tha German people? One sUteineDt, which »a quota oa pa(e S3, caused tha immadlata luipeiuioo at Vervdrta, which published it; but a later ampliflcfttion, issued by the (ovcmine board of the party, was passed by the censor. Does this mean, aa the New Yorker Henld asserts, "that tha German Govemmeat hopes throu(h the mediation of the International to put an end to tlie terrible strucsle. now that Germany*! invincibility has been proved ? " Or i< the Socialist demand for peace to bo inlorpreie.1, as the New York Evening Pott does intcnxvl it. 'as a "confession of deadlock " on tho part of the German nation? There hid been ft widespread belief amone American editors that (he wnr, as an Italian writer once put it, had "upset tho Intcmational Socialist party and in its place eroaled veritablo *Nation&]i■^t ps. outlive the war itself." ' Now thero 9 the part this same "International" will play in brinpne about the firvt overtures toward ending the war. and the inlluenee it will have upon the final terms of peace. New York SociaUsts, like Mr. Allan L. Benson and Morris IliUquit, call tho action of the German Social Democrats a "hopeful slgA" pointing toward the end of tho war. Coagnafi- man Meyer London says, as quoted in Iho Now. York Sun: "I expect the appeal of the German Social Democracy will be favorably responded to by Iho Socialists of the other belliicorenl eountries. I expect the Sociii]i<«t parties of neutral oountrte« wilt urge tho Belgian. French, and EnKlish Sooialists to reepond to the appeal of tho Gorman Social Domooraoy. No annexation of territory, no subjugation of small nationalities, tho war upon a basis w now the motto of the Socialist i __., _. "The voice of tho German Social Democracy is tho voice of tho futuro democracy of Oonnany. It is the voico of ft '" Europe" Somewhat lo» optimistic and more giiarded in its is that most conspicuous Soeiulist daily of the Fast. Y«rkCa/l. We r«ftd in one of its I man ought to be allowed ( Courtesy of The Literary Digest. CENSORSfflP OF AN AMERICAN MAGAZINE IN RUSSIA. people in the past and even in the present, when they have Right to been treated unjustly, have been denied by their governments petition for a the right to ask for a redress of grievances. It would seem grievances, as though any government, however arbitrary, would at least confer upon its people this power of petition as a privilege, if not as a right. Yet students of history recall that one of 136 THE NEW CIVICS Why there can be no real liberty without free- dom of speech and the press. Develop- ment of reli- gious tolera- tion and liberty. the most important of the EngUsh revolutions, that of 1688, was started when King James II and his courts denied to certain bishops the right of petition. It would be a misnomer to call our country '' the land of the free " if a person were liable to arrest and imprisonment for speaking his thoughts. ^ Certainly no hberty is possible unless freedom of speech is granted. There is no greater difference between democratic America and the arbitrarily ruled monarchies of central and eastern Europe than this freedom to speak one'? opinion on all subjects, including the right to criticize our government and its policies. Freedom of the press is almost as necessary for a self-governing people. ^ If our newspapers cannot give the facts of anything that takes place in business or society or government without being punished for their audacity, we should soon lose any semblance of real self-government.^ 125. Freedom of Thought. — Freedom of speech and the press are only two of many evidences of freedom of thought. The right to one's own beliefs is possibly the most precious heritage of English-speaking peoples. In past ages this right has been denied by kings and by churches which controlled the government. In other words, it has been exercised chiefly in the realm of religion.'* In prac- 1 By "act of Congress the right of freedom of speech does not extend to anarchistic utterances, or speeches or writings aimed against order, the estab- lished government, and enciting to assassination or crime." — Stimson, Popular Law Making, pp. 301-302. 2 In practically all of the states the constitutions assert that persons who seek in speech or in public print to injure the reputation of others shall be liable to punishment. State laws specify that in a suit for libel the truth may be intro- duced for evidence and that malicious intent on the part of the speaker or writer must be proved. 3 In. past centuries the few newspapers published were either controlled or severely censored by the government. In Europe to-day censors regulate very definitely what shall and what shall not be published by the press. In America the government does not interfere with the freedom of the press and suppress news which would be unpleasant to public officials; on the contrary we tend to err on the other side. ^ Centuries ago there was absolute uniformity in the religious beliefs held by all persons throughout western Europe. Then came the rise of nationalities and the demand on the part of each nation to decide its religious beliefs for itself. Although there were more beliefs after the Reformation, there was not AMERICAN BILLS OF RIGHTS 137 tically all of the American colonies there were state churches and in only a few was there even toleration for other re- ligious faiths. During the Revolutionary War or soon after, however, the state churches were abolished and religious liberty was established throughout the United States. It is eminently fitting that in this country, where religious Religious freedom was permitted when religious persecution existed ^j^erty m everjrwhere else in the world, our state bills of rights should to-day. provide for the fullest liberty in religious matters. No state allows its governments to dictate to any one what church he shall attend or compels him to contribute to the support of any church, the establishment of state churches being everywhere forbidden. No person is disqualified from holding office or exercising civil rights because of his religious views, although a few of the older states make belief in the Diety a prerequisite for holding certain offices. Nevertheless, socially dangerous practices such as polygamy are punished as crimes even when permitted or sanctioned by a religious sect. 126. Constitutional Rights of a Person Accused of Crime. General — In one sense an even more fundamental form of personal provisions, freedom is the right to life. Since the public wishes to protect itseK from wrongdoers, it is in the habit of punish- ing them by imprisonment or death. In order that an innocent person may not be unfairly subjected to these punishments proposed for offenders, all American state bills of rights provide many safeguards for a person accused of crime. No accused person may be tried secretly or without proper Specific opportunity to present his witnesses for defense. His trial safeguards. must be held as soon as possible in open court, and before a jury of his peers or equals. He may not even be held for trial unless a written charge has been filed against him. more religious toleration or liberty, since each state had its own state church to which every one must conform. Gradually in Holland and in some other countries others besides members of the state church were tolerated. Not until Roger Williams, in the little colony of Rhode Island, refrained from estab- lishing a state church was there religious liberty. 138 THE NEW CIVICS Except for crimes punishable by death, the accused has the opportunity of offering bail, which is forfeited if he fails to appear on the day appointed. He is not required to testify against himself and cannot be punished if a single juryman beheves him innocent. If he has been acquitted, he may not be tried again on the same charge, nor, if convicted, may he be subjected to unusual fines or punishment. In fact, not only the constitutional safeguards for persons accused of crime, but our whole system of administration of justice (§136), protects, accused persons so well that many undoubtedly guilty men escape and society is therefore inadequately protected. Safeguarding of Modern Social Rights Why our 127. Freedom of Action. : — Experience of more than a bills of rights century with the bills of rights in our national and state aU rightT^^'^ constitutions has convinced us quite thoroughly that they which need have safeguarded the citizen against such arbitrary govern- protection. ment as existed in England several centuries ago and in some of the American colonies before the Revolutionary War. Our modern governments, however, are radically different from those of preceding centuries. Modern conditions also have changed in a great many respects. In case of emer- gency we still need protection from military government. We still find that freedom of speech is suppressed in the streets by the police, we still find occasionally that an innocent person accused of crime is punished; but these limitations of civil rights are few in number compared with the limitations on citizens as workers and active members of society to-day. Protection In modern America, fortunately, neither law nor custom of workers prevents a citizen from living where he pleases and engaging rance\nd^° in an Occupation in which he may earn a living, but these the "coercion rights may be denied unless our governments really and of ^economic actually care for the citizens who labor. For example, a government must protect its citizens as far as possible from MODERN SOCIAL RIGHTS 139 bondage due to the " coercion of economic forces." This phrase may be made clearer by some illustrations. In an- cient times slavery existed, one man being owned by another. As slavery is no longer legal, our government must see that in the business world one man or group of men cannot domi- nate the actions of others to such an extent that members of the second group have no real control over the places in which they live, the kind of work which they do, and the remuneration which they receive. In the South even in recent years there have been instances of peonage in which the Uberty of the individual has been limited in all of these respects. In some of our cities in which there are three unskilled applicants for every ordinary vacancy, there is danger that similar conditions may develop. These in- stances show us that interference with liberty of action is caused largely by the ignorance, poverty, or lack of skill of workers, and by the poor distribution of labor. Our gov- ernments should help to remove these causes. 128. Rights of Workers and of Women. — Except the Right to at right to live J no individual right is greater than the right to J_^^^^ ^ \\\va.g work. No society is more unjust than that which denies to a willing worker the right to earn a living for himself and for those dependent upon him. To earn a living means more than to work under unfavorable conditions. It means at least the opportunity to earn a living wage, a wage with which a girl away from home can maintain a good standard of living, a wage by which a head of a family can provide food, clothing, and shelter, as well as some additional nec- essaries or comforts, for himself, his wife, and his children. These might seem like commonplaces, yet, when we come to study labor conditions in a later chapter we shall find that these rights have been denied to many men, women, and children. 1 Years ago we believed that one of the most important duties of government was to guarantee absolute freedom in the making of contracts. We still believe this, but it means 1 On unfair conditions and proposed remedies see Chapter XV. wage. I40 THE NEW CIVICS How the p;iblic should guarantee freedom of contract. Property rights of married women. more to us now than it did then. It means that in the mak- ing of a contract between two parties, one of whom is richer^ more powerful, or more influential than the other, the public should see that the weaker party gets a square deal. In other words, the right to make a contiact includes not only- apparent voluntary action on the part of both parties, but comparative equality of the two parties so that the contract made is fair and just.^ In the past, a married woman had no separate legal exist- ence aside from her husband. Consequently her property became his property on her marriage, and could be invested, spent, or wasted by him if he desired. His control was ab- solute. This unjust condition of affairs is passing away, although it still exists in some American states and in many foreign countries. To-day many of our states provide that a married woman shall not only keep as separate property the wealth which she had before marriage or inherited after marriage, but that she shall have a legal right to one half of the community property acquired by her husband or herself after marriage. In those states a married woman has ceased, legally, to be a subject even if she has not the right to vote. In doing these things for workingmen and for married women, society is trying to develop itself through the protection of their property rights. 129. Safeguarding of Savings and Homesteads, — Prac- tically all states have very stringent laws for regulating savings hanks. The chief object of these laws is the protec- tion of the savings of the poorer classes. Since the investi- gation of Ufe insurance frauds and scandals under the su- ^ We now recognize labor organization and collective bargaining as two of the most effective and desirable methods by which the laborer who is normally at a disadvantage in making a contract with his employer is enabled to gain a fair share in return for his toil. See Chapter XV. Our governments have really done quite a little in their effort to protect the wages of the laborers. In most states there are laws providing for mechanic liens. That is, if a mechanic works on a piece of property, his wages must be paid or the amount of his wages become a first lien on the property. By this means provision is made for the payment oi wages before the payment of any other of the cost of improvements or production. MODERN SOCIAL RIGHTS 141 pervision of Charles E. Hughes in New York City in 1905, Regulations the public has regulated other forms of savings institutions, ^^^ savings such as life insurance companies, trust companies, build- ance com- ing and loan associations, and other financial organiza- panics, and tions, which grant protection or insurance to small wage cLXr^n^' earners in return for small payments made at regular in- vestment. tervals.^ According to an old adage a man's home was his castle. Homestead In modern society it is far more. When the common man exemptiono began to make his own laws, he first abolished imprisonment for debt, he next arranged for protection of his home. Al- most everywhere in America provision has been made that, when a debtor becomes insolvent, his homestead shall not be taken in payment of his debts. This is intended to safe- guard the home of the worker rather than the home of the wealthy because laws in almost every state specify the maxi- mum size of a homestead subject to exemption. 130. Protection of Health and Life. — Modern society is Preservation interpreting liberally the famous phrase of the Declaration ^ public of Independence that men are entitled to " life, liberty, and the pursuit of happiness," We have already noted (§ 8) and shall note again (§ 255) that life to-day does not mean simply exemption from punishment by death, but means the direct and positive protection of health in many ways. We believe that we are yet in the beginning of a great movement for the better safeguarding of public and individual healthy protected by the suppression of epidemics and numerous measures for sanitation, as well as by better building laws, more hours of leisure for children, larger playgrounds, and more attractive parks. 2 In recent times more care is being taken also to reduce in industry the dangers to life -and health. 1 Blue sky laws regulating land and loan investment companies are among the later means of protecting small investors. Government regulation of stock exchanges, watering of stock by corporations, and other forms of high finance have been suggested and adopted by a few states. 2 See Chapter XIV. 142 THE NEW CIVICS Safeguard- ing the public as well as persons ac- cused of crime. Protection of social rather than individual rights. Definition of, and rea- sons for, the new social constitution. The individual is protected in court by our bills of rights. In order to protect society better we are searching for other means to reduce crime, to apprehend offenders more easily so that fewer of the guilty will escape, to shorten the long and expensive trials of notorious criminals, to devise saner methods for the punishment of offenders. By these means we hope to lessen the number of crimes and to protect the persons as well as the lives of those who might be injured by criminals. 131. The New Social Constitution. — In recent years we have modified in a good many respects our interpretation of constitutions and statutes which deal with the subject of liberty. We have changed to the point of view that society must be protected first. // we find that an old individual right conflicts with a new, more important social right, we insist that the latter shall be protected, not the former. For example, the right of an adult freely to make a contract is one of the most important of the old rights. Yet in recent years the right of the public for its own good to protect the health of a woman worker has been upheld by our highest courts even though the eight, nine, and ten hour laws which thus protect these workers limit their right to make con- tracts freely. It is interesting to notice that this new social constitution has been built up largely by the desire of the public to protect the health of its citizens, particularly those who are workers in industries. It might be said that the new social constitution consists of those constitutional provisions, statutes, and court decisions whose primary object is the protection of the public through the safeguarding of the health and the lives of its members and the promotion of their best general welfare. This does not suspend the bills of individual rights ; it supplements them by protecting the individual in other ways. Since modern industry and modern society are more complex than in former times, the worker, the consumer, and the producer have many new relations to one another. Out of these re- lations grow many new social rights which our constitutions ADMINISTRATION OF JUSTICE 143 and older laws do not recognize. These rights are pro- tected only when society looks after itself as a whole rather than after its individual members.^ Administration of Justice 132. Our System of Courts. — The branch of ouf gov- ernment to which is intrusted the protection of individual rights is the judicial department. It is to the courts also quite as much as to the legislatures that we look for the definition and protection of those general and rather indefi- nite rights which we have under the new social constitution. Whereas in many foreign countries accused persons have been tried by a bench of judges who have assumed the guilt of the prisoner until his innocence has been proved in court, in America not only is every opportunity given the accused to prove his innocence (§ 126), but his innocence is actually, as well as legally, assumed until his guilt has been proved. Almost all cases involving crime are tried in state courts,^ since criminal law is a part of the state sphere of action (§ 199), not apart of the national sphere.^ Minor cases are tried in the lowest state courts, but ordinary offenses are 1 To protect these new social rights it is necessary to modify at least three older forms of law or of governmental activities. The three which are espe- cially affected by the modern demands are : old ideas of what is property, old ideas of freedom of contract, and old ideas of the police power exercised by the states, (i) Under the older constitutions and laws property of corporations as well as persons was safeguarded in every possible way. We are now taking the view that property is a social right, not a divine right (§ 144). It has there- fore social obUgations and limitations, especially if held by corporations which enjoy numerous and valuable social privileges (§ 146) . Whereas formerly society was not allowed to protect workers because the protection interfered somewhat with the returns or dividends of property, now property must jdeld to the needs of society. (2) As explained above (§ 128) the right to make contracts freely is held to be subject to the right of society to modify that right either for its own bene6t or because of the need of the worker. (3) The changes just enumer- ated are brought about partly by a modification of the police power of the states. ^ Most cases tried in our courts are, of course, civil cases. 3 For a fuller description of the system of state courts see § 198. The na- tional courts are described in another place (§§ 237-241). Humane attitude of our courts toward ac- cused per- sons. Opportuni- ties of ac- cused per- sons to de- fend them- selves. 144 THE NEW CIVICS Importance of the jury in English and Ameri- can history. Juries and jurymen. Use of the jury in crim- inal cases. decided in county courts or even higher tribunals. If a person is declared innocent, he may not be tried again. If no decision is reached as to his guilt, no new trial ordinarily takes place. If convicted, a new trial may be ordered or the verdict may be reversed by appeal to the next highest state court. 133. Use of the Jury System. — The credit for main- taining so satisfactorily the rights of individuals before the law in England and America belongs, to a very great extent, to the jury system. When popular participation in the work of the government was much less common than at present, when judges could not possibly be influenced directly by the wishes of the people, and when the principal char- acteristic of the criminal laws was their harshness, the right of jury trial was almost the sole source of justice for the common people. With the changed conditions of the present, it is no longer the one thing indispensable to the oppressed, but its extensive use bears witness that its value is not purely historic. Although there are two kinds of investigating juries, either grand juries ^ or coroner's juries, and two types of trial juries, which may be either petit, ordinary juries, or poHce juries,^ we are speaking of the petit jury when we refer to the jury system. Only citizens are allowed to sit on juries. On account of the inconveniences of jury service, oractically all professional men are exempt by law from jury duty, and, on account of the annoyance caused by being taken from their business, most other prominent men shirk jury duty as far as possible. In criminal cases the defendant may not only demand a jury trial, but, even in trying persons for misdemeanors, or 1 A grand jury is composed of from twelve to twenty-three men. It holds secret sessions either for the purpose of investigating the causes of crimes which have been committed, bringing indictments against those whom they believe guilty, or in order to investigate the conditions of departments of government and their expenditures of money. ^ A poUce jury usually consists of six men. It is used to determine the guilt or innocence of persons accused of committing misdemeanors, i.e. minor offenses in contradistinction to felonies, or serious offenses. ADMINISTRATION OF JUSTICE 145 minor crimes, it is customary to have juries, while in cases where the crime amounts to a felony, the guilt of the ac- cused is always determined by a jury.^ 134. Advantages of Jury Trial. — Juries are an advan- Advantage tage to the accused and to the juryman. To the former, *° accused. because the facts connected with his guilt and innocence are viewed from the standpoint of common sense rather than of law. The jury disregards technicalities, but places the emphasis upon the right or wrong involved. It takes into account the circumstances, the motive, and the con- sequences, so that, if it errs at all, it errs on the side of leniency. To the citizen, the jury gives opportunity for civic edu- Benefits to cation. It brings him into touch with the work of admin- Jurymen, istering the law, and makes him part of it ; and, in so doing, gives him clearer conceptions of legal rights and methods, and fits him to exercise his duties as a citizen with greater knowledge and to better purpose. 135. The Disadvantages of Jury Trial. — The main Abuses and question is whether these advantages are worth what they "^e^^cts. cost, whether they apply to all forms of jury trial, and whether they are not, after all, but partially secured on ac- count of the numerous exemptions from jury duty. Cer- tain it is that the exemption of professional men, and the frequent refusals of attorneys to accept as jurymen those who have fornied opinions regarding the case to be tried, have given rise to a popular belief that only the ignorant are desired as jurors — a belief not well founded in most localities. In any civil case involving knotty problems of law, the ordinary juror is almost of necessity incompetent to render a just decision, while in a lawsuit or criminal case where a strong appeal can be made to the emotions or to prejudice, the jury is likely to be unduly influenced in its 1 Although jury trial may be waived with the consent of both parties in suits at law, and although certain suits which deal with complicated matters are tried without juries in courts of equity, nevertheless the decision in the great majority of important civil suits, still rests with juries composed of citizens, because the civil suits at law greatly outnumber cases in equity. L 146 THE NEW CIVICS General de- fects of our judicial system. Delays and heavy ex- penses in criminal trials. Need of fewer techni- calities and better justice for the poor man. verdict. The fact that a lawyer who has a weak case almost invariably asks for a jury trial is an indication -that the jury errs often on the side of leniency. In short, unrepresenta- tive of the communities as our juries must be under present conditions, they often defeat the ends of justice, in civil suits, through their ignorance, and, in criminal cases, through their prejudice. 136. Failures in the Administration of American Justice. — From this brief study of our courts and jury system, we can see that there are numerous dangers and defects in the methods which we use for the administration of justice. Although the general principles underlying our judicial system are the most perfect in the world, in prac- tice our courts are frequently slow, expensive, exceedingly technical, and often incapable of protecting the public properly. Centuries ago it was often impossible for a person accused of a crime to secure justice because he could not be brought to trial. This was remedied in part by means of the writ of habeas corpus, which compelled the court to investigate the charge and determine whether the prisoner should be held for trial. It was remedied further by provisions in constitutions which compelled the court to try his case as soon as possible. American trials, however, are often unnec- essarily long and disagreeable, and have been known to cost the public several hundred thousand dollars. Appeals are not decided quickly, chiefly because our appellate courts have too much to do. If we simplify our laws and the methods used in the trial of cases, if we get rid of a large number of technicalities by means of which cases are delayed and justice is denied, we shall make the administration of justice surer as well as quicker. 1 Still further changes in our judicial procedure should be made to give all parties true equality before the law. It is obvious that in many courts there is one law for ^ In some states technicalities are no longer allowed to interfere with the real administration of justice. ADMINISTRATION OF JUSTICE 147 the poor man, and another for the person of wealth and influence.^ Undoubtedly those who have little money are often treated unjustly because they cannot afford a long ex- pensive lawsuit. This will be remedied in part, if cases are decided more promptly. Furthermore, if the courts are taken entirely out of politics, the politicians who get tem- porary control of our government and the big business which in turn may control the politicians will not dispense justice in their own way. 137. The Necessity for an Upright Judiciary in a Republic. Character of — In any country whose political institutions are popular, ^^^^ there is need of an able and upright judiciary. In America where our governments are organized and our laws are made under written constitutions, the judiciary is far more impor- tant than in any other country. The judges have the " last word " not only on the laws which they are asked to interpret, but upon the constitutions as well. That is, in deciding a case brought to their attention, our judges must not only decide the case itself upon its merits but must de- cide if necessary whether the law is in accordance with the constitution, and it must therefore interpret or declare the intent and nature of the constitution itself. As our judges must not only explain the meaning of the Need of laws but of the constitutions, if they are corrupt or are sub- ^^owledge, . ' . "^ . . . character, servient to any particular interest or set of persons, justice and judicial will be " sold, delayed, and denied," and the fundamental tempera- rights of freemen will be refused to us. An ignorant or prej- ^^^ ' udiced judge is but Httle less dangerous to the pubhc welfare and to individual security than a corrupt justice, and every possible precaution must be taken to secure men of ability and judicial temperament as well as of integrity. When, as is the case in most of the states, the salaries paid the highest judges are but a tithe of the income of prominent lawyers, the honor of holding the position must be made the chief 1 The public will be better protected if the public, rather than the interested parties, furnish all the technical and expert testimony, for any wealthy client can piurchase such testimony if he pays a high enough price. 148 THE NEW CIVICS attraction to jurists of ability. If we elect as judges men of inferior standing, men whose business is politics rather than law, or men who seek places on the bench through dishon- orable means and who use them for personal or partisan ends, we must expect a judiciary that does not command respect, and which, in the long run, will defeat the popular will and bring our free institutions into disrepute. Why the obeying of laws by the public is more impor- tant than en- forcement by 'he police. Importance of adequate police pro- tection in cities. Punishment of Offenders 138. The Enforcement of Law. — The administration of justice is connected closely with that most fundamental of governmental functions — the preservation of order. Yet this is a task which rests upon the general public rather than upon the peace officers who enforce the laws. It is quite essential that our laws should define clearly crimes which may be committed by individuals against society; it is necessary that suitable, yet severe, penalties be designated for each offense ; it is indispensable that ofenders should be arrested and convicted for their crimes; yet these laws and methods will fail without the public sentiment which will discourage and condemn law breaking, which will support our criminal laws and their enforcement without question or hesitation. The influence of public opinion on this subject can be seen if we compare the attitude of different com- munities toward any law. A law to which the people of any district or city object is disregarded with impunity, although that community may be noted in general as law-abiding. It is usually a matter of pride that laws should be enforced and order kept within a locality, since the states do not maintain a state police but leave the protection of life and property to local officers. In congested districts, such as cities, it is easier for crimes and criminals to escape detection. In addition city police officers must enforce a multitude of ordinances, such as the removal of certain obstructions, the abatement of nuisances, the enforcement of excise laws, » PUNISHMENT OF CRIMINALS 149 and the regulation of traffic. In every city, therefore, a large number of policemen is necessary, increased geometri- cally as the population increases arithmetically.^ 139. Punishment of Adult Criminals. — In ancient and Punishment medieval times the treatment of the criminal was exceedingly °^ ^"°^^ *° barbarous, death by ordinary means being considered too mild a method of punishment.^ As the world began to realize that severe and arbitrary methods increased rather than diminished crime, greater attention was paid to reform- ing the criminal, while schools for the care of neglected children and youthful offenders sprang up on every side. 1 City police forces are usually organized on a semi-military basis under a chief of police, with captains and lieutenants in the different police precincts into which the larger cities are divided. A police board usually makes rules for the department, and has at least nominal power of appointment, often requiring physical and other tests of the patrolmen. Each county has a sheriff who is aided by several deputies. There are usually in addition township constables, who serve warrants and arrest offenders. In rural communities these duties are not often arduous, unless public sentiment is on the side of the law breakers. In times of special danger the ordinary police is supplemented by posses of citizens summoned by the county sheriffs to help them put down rioting or in- surrection. If disorder is widespread, the state militia may be called out by the state governor, and the regular troops may even be sent to the scene of disorder by the President, if the violence interferes with the mails or interstate commerce. If these means fail and notorious offenders are acquitted in the courts, there is danger that ordinary lawlessness or even lynching may result. 2 Crucifixion was a common means of executing a Roman criminal. Different forms of torture such as breaking a man on the wheel, and almost as cruel methods of punishing minor offenders, were in common use on the continent of Europe until a little more than a century ago. In England torture was never used commonly, but, in the England of the eighteenth century, more than two hundred offenses, many of them of a minor nature, were punishable by death. In colonial times imprisonment was almost unknown, death being the penalty for the most serious offenses, and some species of public torture, such as the stocks or the whipping post, being used for minor crimes. During the early national period there were prisons for the incarceration of criminals ; but these were always of the worst description, the prisoners being herded together irrespective of age, offense, and other conditions, while often the prisons were nothing but cellars or mines. The gradual introduction of state prisons and more enlightened pubUc interest did away with the worst of these evils. Even as late as the beginning of the twentieth century in some states no prisons, state or local, were provided for the permanent retention of law break- ers, and the labor of the convicts was sold to contractors who took entire charge of them, often giving them the poorest food and treating them with barbarity. The usual results were all that even a system of punishment should not include, and the only attempted justification of the disgraceful system was the annual sum paid for the services of the convicts. ISO THE NEW CIVICS State prisons to-day. Local penal institutions. Use of shorter terms of imprison- ment and better prison teaching. To-day state prisons are reserved for the worst classes of criminals sentenced by the courts, the persons convicted of minor offenses being confined in penitentiaries or in local jails. The methods used in the prisons vary greatly, but the discipline is of necessity fairly rigid. Ordinarily employment is provided, chiefly for the purpose of keeping the prisoners occupied, but partially to help pay the expenses of the prisons. A premium is placed upon good behavior by re- ducing the length of the sentences from ten to thirty per cent for satisfactory conduct. When a person is sentenced for a short time, he is usually sent to a county penitentiary, of which there are a great number. If awaiting trial, or held as witness without bail, he is confined in the penitentiary or in some local jail. No work is provided in most instances except possibly on a chain gang, neither is there any classification of prisoners according to age or crime. As all are thrown together, and idleness prevails, local prisons cannot be said to be effective in the prevention of crime. 140. Prison Reform. — Since John Howard and Elizabeth Fry, very little more than a century ago, began their notable work for the reform of England's prisons, we have been trying to work out more sensible methods of treating crime. As the modern aim is to protect society and to re- form the criminal, we have abandoned torture in practically all cases, and the death penalty except for the most serious offenders. In fact, in eight states capital punishment has been abolished. Many have questioned whether the imprison- ment of an offender with similar criminals for a long period of years is the best means by which to reform him. In some states we use the indeterminate sentence, so that a prisoner is released on parole after serving a minimum sentence. We have also introduced into our prisons more training which teaches the prisoner a trade, we are treating him more as a man than as an abnormal human being, and we are trying to arouse in him ambition to become a useful citizen. In a few progressive communities prison farms have PUNISHMENT OF CRIMINALS 151 been started, the prisoners being allowed to do useful work in the fields or on roads or in other employments.^ The problem is many-sided ; it requires much more thought and public attention than has yet been given to it. No prison system will be really satisfactory, however, unless it makes some satisfactory provision for the man who is discharged Need of more care and less punishment. Entertaining the Inmates of Sing Sing Prison. from prison walls, so that he shall be able to secure work and really become a useful member of society. 141. Reform Schools. — In a few states separate institu- Prisons for tions are provided for adult first offenders. Possibly it is a adult first misnomer to call any prison for mature men a reform school. However, the methods used in these institutions are among the best yet tried in America, since a first offender may really be reformed, whereas a hardened convict is usually hopeless. In a great many states there are similar reform schools 1 In some prisons also the prisoners print papers, organize ball teams, have bands which give concerts, and have mutual welfare organizations which work on problems of the whole prison and of individual members. 152 THE NEW CIVICS Old style and for boys and girls. Many a youth who is guilty of stealing newer reform qj. some Other misdemeanor is placed in such an institution methods. until a certain age is reached. Incorrigible children fre- quently are sent by their parents to such a school. In other cities the reform school is used only for special offen- ders, segregated according to their degree of delinquency or according to their physical or mental disabilities. By means of strict discipline, by training the boys and the girls to use to advantage both their minds and their hands, and by teaching them self-control and the rights of others, an The Reformatory, Anamosa, Iowa. Conditions affecting the juvenile offender. earnest and fairly successful attempt is made by these schools to change them into useful citizens. Often their later careers are watched to prevent the graduates from reentering a career of crime, for the difficulties encountered by a person who has served a sentence in a prison or reform school are very great, even when he desires to follow the right path. 142. Juvenile Courts. — Society's change of attitude towards criminals is nowhere so conspicuous as in its treat- ment of youthful citizens who break the laws. In the adult offender, criminal intent may possibly exist, but in a young • PUNISHMENT OF CRIMINALS 1 53 boy or girl, no lawlessness should be charged to a really criminal nature. An especial effort is made in the case of children to cure any physical defects which may be thought to cause lawlessness. Since most juvenile offenders come from homes in which parental discipline is lax, or in which there is but one parent, especial attention is given to the home life. In fact, in some courts punishment for the offenses committed by children against law and order is meted upon the parents rather than upon the children. In most of our large cities youthful offenders are now tried The juvenile in special courts. A special judge takes charge of all cases offender m involving boys and girls. Instead of treating the child as a criminal, — having a charge brought against him and his case tried by a jury, — the child with his accuser and sponsors meets the judge in his chamber. No outsiders know about the offense that has been committed, and the child, unembarrassed by the presence of policemen, spectators, or newspaper reporters, has an opportunity for a heart to heart talk with the judge. Ordinarily the child, if guilty, is placed upon probation Use of pro- and is obliged to report at regular intervals to the court, ^^^^o"- If he is still of school age, he is kept in school ; otherwise employment is found for him and he is visited by the pro- bation officers and friends. If he has no decent home of his own, a home may be found for him. As far as possible he is placed upon his own honor, some judges making a practice of sending the boy without guards to report at a rather dis- tant reform school. It is interesting to notice that, where the juvenile court judge or probation officers use good judgment, they are rarely disappointed by the boys and girls. Certainly our juvenile court judges and their probation Success of assistants have a right to be proud of the work of reforma- °"^ juvenile tion which has been accomplished among youthful offenders probation, some of whom would, under old, unwise methods, have be- come hardened criminals. The juvenile courts have pointed the way toward reform methods which will not only protect 154 THE NEW CIVICS the public but help to solve this tremendously important problem of criminal reform. General References Ashley, The American Federal State, 378-381, 456-470. Beard, American Citizenship, 34-76. Burgess, Political Science and Comparative Constitutional Law, I, 184- 252. Kaye, Readings in Civil Government, 94-128. Stimson, Poptdar Law-Making, 124-157, 205-338. Baldwin, The American Judiciary. Train, The Prisoner at the Bar. Wright, Practical Sociology, 350-389. Boies, The Science of Penology. Henderson (ed.). Penal and Reformatory Institutions. Hart (ed.). Preventive Treatment of Neglected Children. Annals of the American Academy, Mar., 1914. Wines, et al.. Prison Reform and the Criminal Law. Topics Property Rights in the United States : Beard, American Citizen- ship, 54-63; Stimson, Popular Law-Making, 124-157; Ely, Property and Contract, I, 51-69, 165-190, 484-510. The Law's Delays and Defects : Train, The Prisoner at the Bar, 102-128; Taft, W. H., in North American Review, 187 (1908), 851-861; Roosevelt, T., in Outlook, 96 (1901), 149-153; Scoville, S., Jr., mOutlook, 92 (1909), 359-366; White, W. A., in American Magazine, 69 (1910), 499-505; Brewer, C. B., in McClure's Magazine, 34 (1910), 677-686; Untermyer, S., in Annals of the American Academy, 36 (1910), 145- 160; Taft, Present-Day Problems, 333-356. Juvenile Courts : Boies, Science of Penology, 245-263 ; The Sur- vey, Feb., 1910; Annals of the American Academy, 36 (1910), 49-84; Mangold, Child Problems, 221-290; Flexner and Baldwin, Juvenile Courts and Probation, 3-172 ; Annals of the American Academy, 52 (1914), 140-158; Eliot, The Juvenile Court and the Community, 7-69, 173-185; Hart (ed.). Preventive Treatment of Neglected Children, 207-360. Studies 1. Freedom of speech and thought. Cleveland, Organized Democ- racy, 82-90. 2. Rights to bear arms and to freedom from violence. Stimson, Popular Law-Making, 275-283. THE NEW CIVICS 1 55 3. Rights of a person accused of crime. Cooley, Principles of Con- stitutional Law, 301-310. 4. Exemption of homesteads. Cleveland, Growth of Democracy in America, 380-385. 5. Rights of negroes. Stimson, Popular Law-Making, 308-316. 6. Some features of the new social constitution. Young, The New American Government, 496-515. 7. Liberty of employees and the property rights of employers. Ely, Property and Contract, II, 651-677. 8. The grand jury. Train, The Prisoner at the Bar, 81-101. 9. Advantages of jury trial. Train, The Prisoner at the Bar, 158- 177- 10. Shameful miscarriage of justice. Fuller, H. B., in World's Work, 13 (1906), 8221-8226. 11. Prison labor. Carlton, History and Problems of Organized Labor, 424-430. 12. Work of an enlightened woman prison commissioner. Barnard, K., in Good Housekeeping, 55 (191 2), 600-606. 13. New methods in prison reform. Osborne, T. M., in Review of Reviews, 52 (1915), 449-456. 14. Reform school methods. Henderson (ed.). Penal and Reforma- tory Institutions, 1 21-128. 15. What is being done for the incorrigible boy. Hillis, C. D., in World's Work, 27 (1914), 642-649. Questions 1. Show how the protection of individual rights acnd the promotion of pubUc welfare are bound together. In what respects is civil liberty different from political liberty? 2. Give reasons for having bills of rights in our constitutions. Are those bills still demanded by conditions ? Explain why we need at least four kinds of civil liberty, and show how our bills of rights protect each form of liberty. 3 . From what dangers do our bills of rights fail to protect us ? Name four modem social rights ; show what dangers each averts, why each is more necessary now than it was in the last century, and why we are better protected by them than by the older bills of rights. 4. Explain the nature of the new social constitution, and show its importance. 5. How many grades of courts are there in this state? Give the name of each. 6. How many judges constitute the highest court? How are tJiey selected? What is their term of ofl&ce? Where are the sessions of the highest court held? 156 THE NEW CIVICS 7. Answer the same questions for the lower courts. 8. How are jurymen selected in this locality ? Do they serve with- out pay? Who are exempt from jury duty? 9. What is the size of the police force of this city? What are the duties of the police ofl&cers, according to the city ordinance ? 10. What is the purpose of laws defining crime; of police depart- ments ; of courts ; and of prisons ? To what extent does each of these accomplish the work it is supposed to do ; in other words, what are the failures in each stage of the administration of justice ? Can you suggest remedies for any of these failures? 11. Name the principal prisons of this state; the reformatories. Are our institutions using modern methods? 12. Is there a juvenile court in this county? To what extent do our juvenile courts succeed in keeping boys and girls from becoming criminals ? Why is an ounce of prevention for juvenile offenders worth to society several pounds of cure ? CHAPTER IX PUBLIC FINANCE General Considerations 143. The Financial Needs of Our Government. — All systems of government, even in times of peace, require an im- mense revenue. In time of war expenses are necessarily increased very greatly, particularly for the national govern- ment. The national revenues in time of peace are secured almost entirely through taxes. The income necessary for conducting a war is obtained, on the contrary, chiefly through State, $382,551,199 County, $385,181,760 National Government, $952,600,857 City Government, $1,246,659,009 Expenditures by Governments i (1913). loans or other forms of indebtedness. These must be paid by taxation in the future. In time of peace more than one half of the revenues of the national government are expended for the army and navy, pensions, and interest on the national debt ; in other words, the expenditures are chiefly for past wars or future possible wars. This proportion of course is greatly increased in 1 Towns and minor districts (including cities of less than 2500 inhabitants) are not included in tables on this page and on pages 158 and 168. 157 Ordinary in- come and war rev- enues. "War" ex- penses of the national gov- ernment. 158 THE NEW CIVICS time of war. It is therefore necessary that the national tax system be capable of considerable expansion during crises, even though most of the revenue required for war expenses may be obtarned through loans. Financial The Ordinary expenses of state and local government are need of local considerably heavier than those of the national government m^^'s!" i"^ ^^^ ^f peace. Schools cannot be maintained without money for buildings as well as the payment of the salarie.s General Outlay $511,923,125 Education $424,416,597 General Gov't., $211,772,053 Roads and Parks, $183,399,264 Fire and Police. $170,967,461 Interest, $162,848,004 Charities & Corrections j $158,297,655. | Health, $69,626,193 Main Expenditures (1913), State and Local Governments. of teachers. The salaries of public officials is a considerable item, since more than a half milHon people are engaged in the administration of state or local affairs for the public. The great expense of a police force, police courts, and buildings for the imprisonment of criminals shows that a high price must be paid for the preservation of order, especially in cities. Public charities of different types and kinds neces- sarily require a considerable outlay, as do the preservation of health and the protection of buildings from fire. PUBLIC FINANCE 1 59 Public improvements call for large expenditures. These Public im- may be paid by the general pubhc of the locality for which provements, the improvement is made, if the improvement is general ; special as- for example, a bridge, a trunk sewer, or a city park. Heavy sessmente. and unusual expenditures of this kind are usually financed by the sale of bonds, the cost of more specifically local im- provements being paid by special assessments. Before we consider the character of different taxes in the United States, let us notice the relation of the public toward property and the characteristics which a good system of taxation must possess. 144. Private Property as a Social Institution. — As we Existence of noticed above (§ 70), one of the most important economic private prop- characteristics of society to-day is the institution of private ^ge^. property. Although clothing, weapons, tools, and other " personal effects " of civilized man have always been pri- vately owned, during the Middle Ages other forms of property such as land were not subject to private owner- ship in the same way as they are to-day. Without private- ownership of property, there would be Social ad- liUle inducement to work except for the satisfaction of im- vantages of mediate needs. Few people would economize if their savings ^^^y ^ ^^^"^ were placed in a common fund to which others contributed little or nothing. We want something of our own laid away for a ** rainy day." We desire property not only for its own direct use but for the income which savings will produce. Since the time may come when the chief wage earner of a family will be old, disabled, or dead, he wishes to provide for those dependent on him. Saving must therefore be encouraged by society not only Social value because our vast modern system of production would be of capital impossible without a large amount of capital, but because ^nnsof people will work harder if they are allowed to accumulate savings, property. The institution of private property exists, there- fore, not as a natural right but because of its usefulness to society. Through it society promotes the individual welfare of its members and the general welfare of society. i6o THE NEW CIVICS Protection of private prop- erty by con- stitutions. Forms of wealth which should repay the pubUc in taxes. 145. Protection and Taxation of Private Property. — Naturally our constitutions protect an institution which is so necessary socially and so fully established as is private property. In the Fifth Amendment of the national constitu- tion, adopted in 1791, specific provision is made that no person shall " be deprived of life, liberty, or property, with- out due process of law, nor shall private property be taken for public use, without just compensation." The Fourteenth Amendment, adopted in 1868, went farther when it declared that no " state shall deprive any person of life, liberty, or property, without due process of law." ^ The accumulation of wealth is aided by our economic organ- ization (§§ 68-75) ^^^ t)y many special laws or govern- mental favors. It is only right that the public should keep a part of that wealth which it creates or which it is possible for individuals to create because society is well organized. Certainly a heavy tax or large rentals should be paid to the government by the owners of mines, waterfalls, and timber lands J which are in one sense almost pubhc property. The value of most city lots is constantly increasing because there is a social demand for them, and especially for those which are centrally located. Improvements made by one owner increase the value of neighboring lots, without a cent of expenditure by the latter. Those who benefit by this social rise of land values, called the " unearned increment,^' should give back to the public some share of that increase in value which they did nothing to earn. Public utility corporationSy owning valuable franchises, which are property, should pay liberally for property which owes its sole value to the public. Business men in favored interests, those in control of pro- tected industries, in short, all who own any land, other property, or business whose increase of value or unusual income is due to public causes, can afford to pay and should be made to pay taxes before anyone is asked to contribute out of his personal earnings. 1 Under our constitutions and laws property was protected for nearly a half century after the Civil War by government, often at the expense of the life and health of the laborers. PUBLIC FINANCE l6l 146. Taking Private Property for Public Use. — Private Use of thf property may be taken for public use in many ways. If a ^^^^ °^ new street must be established or a railway constructed, main and one owner of land which is necessary for the completion of special as- the thoroughfare or railway is not allowed to block the whole ^^^^^^^ ' project by refusing to sell his land. If an owner is willing to sell but places an exorbitant price on his property, the pubHc does not give what he asks, but the courts appoint experts who decide what amount should be paid for the land, or what sum should be offered as damages for injury to other property which is taken. This property is taken under the legal right of eminent domain. When a street is to be improved, the government again steps in and makes a special assessment on all property which is supposed to be benefited by the improvement. In the case of taxation private property is taken for public why prop- purposes without the direct consent of the owners of that erty should property. The government insists that we shall pay the source of taxes needed by the public even if the work done by the taxation, governments injures us as much as it benefits us personally. A tax we find to be a forced contribution by members of a society to its support. The society may be a nation or a state (commonwealth) ; accordingly we have a national system of taxation and a state system. However, in prac- tice, if not in law, the latter may frequently be separated into two, the state and the local. It is evident at once that the revenue for the support of government must come from those who have that with which to pay, not from those who have not. If it does not come from " property," it must come chiefly from " income." ^ But, as property usually yields an income either in the form of actual satis- ^ If we taxed income chiefly, we should be obliged to make some distinction between (i) incomes which are due solely to personal effort and sacrifice, as in the wages of labor, (2) incomes which are the result of combined personal efforts and capital {i.e. property), (3) those which come from ordinary property, (4) those which come from property or business especially protected or aided by government, and (s) incomes or increases in property values which are created chiefly by society, as in the case of the "unearned increment" of land in busi- ness sections of cities. l62 THE NEW CIVICS Principles of good taxa- tion. Administra- tive details desirable in taxes. faction, as the use of one's home or hbrary, or in the actual creation of wealth, as the crops on a farm, or the goods made in a factory, income is only one side of property in many cases. 147. Characteristics of a Good Tax. — (i) No tax is a good tax unless it is just. No tax is just if it affects personal income as heavily as income from property, or ordinary property as much as privileged property. It is impossible for any one tax to be fair to all classes of people ; but it is possible for any tax system^ that is, a group of taxes levied by any one government, to be fair.^ (2) To say that a tax should be just is to indicate that it should be according to a citizen's ability to pay. Ability should be measured by the source of one's income quite as much as by its amount. As far as possible it certainly should exempt from taxation any laborer or family living on a small income. (3) The times and methods of assessment and collection should not be arbitrary, but fixed and known to all. (4) The tax should be as little felt as possible. All of the burden should not be placed upon a single class, as in some French taxes just before the great French Revolution. An old but defective tax is often less felt than a new, though better, tax. Changes should, in consequence, take place only when the good to be derived clearly overbalances the diffi- culty encountered by the people in adjusting themselves to the change. (5) It should be easily administered. It should not be so hard to assess the tax that a premium is placed on dishonesty. No tax can be easily administered 1 By a system of taxes we mean the sum total of all of the taxes levied by any one government. In most countries there are two tax systems : the national and the local; in this country we sometimes have three: the national, the state, and the local. Now, as a matter of fact, no one tax is likely to fulfill all of the requirements we have just enimierated. But if no tax is seriously defec- tive, and if the system as a whole conforms to these characteristics, the tax sys- tem may be said to be good. In order to be satisfactory, however, a tax system must do more than that. The systems of the nation, the state, and the locaUties must not conflict or greatly overlap, while each system must be adapted to the peculiar needs of its government, as shown in the expenditures of that govern- ment. NATIONAL TAXES 163 which does not meet with the support of the people, or of which the cost of collection is great. (6) It should be suited to the district for which it is assessed. The absurdity of allowing cities or even states to levy customs duties or internal revenue is clearly apparent, while a national land tax would be little suited to the purpose of the central government. National Taxes 148. Financial Powers of Congress under the Constitu- tion. — The financial powers conferred upon Congress by the Constitution are very extensive. In order that the national government may meet its expenses. Congress has the right " to lay and collect taxes, duties, imposts, and excises," provided that " all duties, imposts, and excises shall be uniform throughout the United States," and " to borrow money on the credit of the United States." Under the Confederation, Congress had been dependent on the states for its revenue, but, since the adoption of the Consti- tution, Congress has been independent of the states in finan- cial as in other matters.^ The powers granted by the Constitution have enabled our national government to accom- plish the tasks which the central authority of every nation must assume. 149. Duties on Imported Goods. — Our chief dependence for national revenue has been the tariff or customs duties. More than half of the articles brought into the United States are on the free list, but on the other half a tax is levied averag- ing at present from thirty per cent to thirty-five per cent of 1 The financial needs of the government have been met in different ways since the adoption of the Constitution. We may distinguish three periods in the history of national taxation. The first of these was brief, lasting from 1789 to 1802. Various forms of customs duties and internal revenue were tried, in addition to direct taxes on land, houses, and slaves. The second period, from 1802 to 1 86 1, was marked by an almost exclusive dependence upon duties, except during the second war with England. The third period dates from 1862, when the extraordinary expenses of the Civil War were met by additional taxes. The taxes which we have at present, include not only customs duties, but in- ternal revenue taxes on liquors and tobacco, an income tax, a small corporation tax, an inheritance tax, and some miscellaneous internal taxes. Contrast be- tween finan- cial powers under the Confedera- tion and under the Constitution. Free and dutiable goods. 1 64 THE NEW CIVICS Merits and demerits of the customs tax. Collection and evasion of duties. Rates. their value ; in times past it has averaged as high as fifty pel cent. In order to protect American manufactures, most of the duties upon imports are upon manufactured articles which come into competition with American products. One advantage of customs duties is that the tax is not felt by the person who pays it eventually, for the importer simply adds the amount of the tax to the cost of the goods, and the cus- tomer does not real- ize how much of a tax he has paid. Its chief disadvantage is the fact that the tax is shifted to the consumer and is levied upon articles of consumption, such as cloth, crock- ery, and other com- modities which are needed by the ordi- nary wage earner and housekeeper. Consequently the tax is paid chiefly by those who cannot afford financially to pay so large a proportion of the government's revenues. The duties are collected at ports of entry on the borders of this country. There is some smuggling, especially on the part of travelers who object to paying duty on articles pur- chased abroad. Importers sometimes seek to evade the customs laws by very greatly undervaluing goods, but, if detected, they are obliged to pay a heavy penalty. 150. Internal Revenue. — To-day the national govern- ment obtains as much money from internal taxes as from those upon foreign commerce. The rates are quite high, and the articles taxed at present include spirits, fermented liquors, and the different forms of tobacco. Custom House, © Brown Brothers, New York. Galveston, Texas. NATIONAL TAXES 165 The ease with which the revenue from this tax can be in- Value of the creased is quite apparent in the -financial history of the Civil ^^^ during and Spanish-American wars. At the beginning of the Civil War the national government was levying no internal taxes, but in 1862 Congress authorized the taxation not only of spirits, malt liquors, and tobacco, but of manufactures and incomes. It also levied a stamp tax on ordinary business transactions. Later in the war, new schedules were added to these taxes, and the rates were increased on the articles formerly taxed. A process somewhat similar, although less extensive, was followed during the Spanish-American War. The tax on liquors and tobacco is a valuable one at all importance times, since persons who use those luxuries should pay a ^^ ^^"^^ ^^ share of the expenses of the general government. The extensibility of internal taxes in times of great financial need is undoubtedly its most desirable feature, but excessive taxation must be avoided, for, if it injures industry, it will kill the goose that lays the golden eggs. It is likely also to cause fraud. Not only do moonshiners try to cheat the government out of internal revenue, but great manufacturers have been guilty of counterfeiting revenue stamps. 151. Income Taxes. — During the Civil War incomes of History of from $600 to $5000 paid a tax of five per cent, those of more i^^come taxa. r T r^ tion in the than $5000, a tax of 10 per cent. In 1894 an attempt was united made to levy a similar tax, exempting those whose income States, amounted to less than $4000 annually. This was opposed as class legislation, since a much heavier burden would be placed upon the capitalist of the East than on people of the West, most of whose incomes were small. This tax was held by the Supreme Court to be unconstitutional, since according to the Constitution direct taxes must be levied on the states according to their population. In 1 9 13 demand for an income tax had become so great National in- that the Sixteenth Amendment to the Constitution was ^p"^^ ^^^ adopted, providing for such taxes. The national govern- ^^^^^ ^^^^' ment very promptly levied an income tax which ex- i66 THE NEW CIVICS National in- heritance taxes. Corporation and internal taxes. The burden of national taxation. empted $3000 (now $1000) for every individual and $4000 (now $2000) for every married couple which had a joint in- come. Since it was thought that persons with large incomes were able financially to pay much heavier taxes than those with moderate incomes, the tax was made progressive, that is, the rate was made much higher for the larger incomes. ^ 152. Miscellaneous National Taxes. — These taxes which we have just considered, with direct taxes used five times ^ in the past, complete our system of taxation with three slight exceptions. A minor source of revenue which was used from 1898 to 1902 and since 19 16 has been the progressive tax upon legacies^ similar to state inheritance taxes (§ 156). Another exception is the stamp tax upon internal business other than liquor and tobacco. Recently this tax has applied to important papers and transfers of property. Most of these taxes have been repealed, but in 191 7 new national taxes were created to meet extraordinary expenditures for de- fense. The taxes on manufactured articles at the time of the Civil War were analogous to this internal stamp tax. The third additional tax at present is the corporation tax, a tax of one per cent on the net income of corporations doing an interstate business amounting to more than $5000 a year. Large excess profits taxes have been levied since 191 7, with maximum rates of 65 per cent. The total national revenue from all forms of taxes for the fiscal year of 19 14-19 15 amounted to about $700,000,000, nearly 80 per cent of which came from customs or internal revenue on liquors and tobacco. Although these taxes were 1 The 19 13 tax carried rates from i to 7 per cent, that of 191 6 from i to 15 per cent, that of 1917 from 2 to 65 per cent, and that of 1919 from 6 to 65 per cent. 2 It was supposed when the Constitution was adopted that a large part of the revenue of the United States government would come from direct taxes levied upon the states in proportion to their population, but Congress had not seen fit to gain money by this means except five times, four of which were dur- ing the wars of 181 2 and 1861. Unlike the taxes upon imports or manufactures, Congress does not decide what the rate shall be, but ascertains the total amount of the tax, apportioning to each state its share. < The national inheritance tax exempts $50,000 from every estate. The rates on the net estate, after deducting debts, vary from 2 per cent to 25 per cent, according to the total amount. NATIONAL TAXES 167 paid by those who used the articles taxed, and therefore could be avoided if the consumers wished to go without these commodities, this burden of $7 per capita or about $35 for each family of five was borne chiefly by the workers of the nation, that is, by men of small incomes. 153. The Management of National Finances. — In pubHc Why the finance the amount of revenue to be raised depends to a govern- large extent on the government's expenditures. A govern- penditure de- ment is not like an individual, whose expenses depend upon termines the his income. It has certain governmental duties to perform, ^^^l^{ and in doing them it thinks first of carrying on its work and revenue, secondly of raising the necessary money. If the expense is unavoidable and the revenue is not The raising forthcoming, the government sooner or later goes to pieces. ^^ ordinary The question is not whether the money can be obtained, but binary ^^^^' by what means it can be secured.^ In case the government revenues, needs to raise money for extraordinary expenses, as in time of war, it is customary to issue bonds, which are sold publicly to the highest bidders. ^ During the Great War, our government raised by. sale of bonds a sum of more than twenty-two billion dollars. There were four Liberty Loans of bonds issued at rates of 3I- per cent to 4^ per cent. Each state and each community had a certain amount which it was expected to raise. Committees were organized to solicit subscriptions and see that the com- munities reached their quotas^. Most towns subscribed the full amount and went " over the top " long before the end of the campaign. In addition, the government sold large num- bers of thrift stamps and war savings stamps (W. S. S.). ^ In Congress the organization of the financial committees is rather unusual. A single committee in each house of Congress, as the Finance Committee in the Senate and in the House the Ways and Means Committee, has entire charge of proposing or formulating methods for raising revenue. This centralization of power and responsibility is desirable. However, there is no direct correla- tion between the work of these committees and the work of the numerous appro- priation committees in each chamber. 2 During the Civil War bonds to the value of several thousand million dollars were sold, sometimes for less than half their face value in gold. During recent years our national government has been able to sell bonds in almost unlimited i68 THE NEW CIVICS Extensive use and na- ture of the tax. State and Local Taxation 154. The General Property Tax. — At least three fourths of the revenue for our state and local governments comes from the general property tax, which is in the universal use for state as well as local governments except in a few states. Theoretically, this tax is levied upon everything which pos- sesses value. One part of the tax is assessed upon real estate, i.e. lands and houses, the other upon personal property, including household furniture, farm implements, horses, and cattle. There are certain difficulties inseparable from the assess- ment of any property. Since the assessed value of real estate CITIES AND COUNTIES General Sources of State and Local Revenue (1913). DiflSculties in assessing real estate and personal property. must depend to a great extent upon an assessor's judgment, it is difficult to make an assessment uniform over an area as large as a county. It is absolutely impossible to do so over an area as large as a state. To be sure, state boards of equal- ization try to even up inequalities, but the different counties rather successfully undervalue their property in order to escape their share of state taxation. The assessment of personal property is far more difficult, because most wealthy individuals conceal stocks, bonds, and other " intangible ' property. Consequently, the personal property tax law is almost a dead letter. amounts at rates of interest less then 3 per cent. During the Civil War, as well as during the Revolutionary War, the government borrowed by issuing paper money. There are still in circulation some of the greenbacks issued during the Civil War, by which the government paid a fair share of its expenses. STATE AND LOCAL TAXATION 169 The principal objections to the general property tax may be stated as follows : (i) It is practically impossible to discover and assess *' intangible " property by means of this tax, and the tax is, therefore, in reality a real estate tax, although theoretically a tax on general property. (2) As a result of this failure, the farmer and the poor man pay very much more than their wealthier neighbors in proportion to their ability, especially as few states or local- ities tax the unearned increment. (3) Because of the difficulties of assessing it over a large area, it is not a good state tax. 155. Corporation Taxes. — Many states are now seeking, through a tax upon corporations, to reach stocks and bonds which formerly escaped taxation. They single out particu- larly those public service corporations upon whom special privileges have been conferred by the people, but in most cases they include also industrial corporations.^ Some states try to tax hanks by making them pay a tax on their stock. Insurance companies may be taxed on the total amount of the premiums which they receive each year. Large manufacturing corporations are often obliged to contrib- ute a part of their net income, but more frequently the tax is assessed upon their capital stock. Street railways, steam railways, express companies, telegraph and telephone com- panies, and other public service corporations are often taxed Defects of the general property tax. Reasons for corporation taxation. Different corporations subject to special tax. ^ Since our business life is not so simple as it once was, our present systems of taxation in most of the states are rather antiquated and unjust since they cannot be adapted to our present-day industrial conditions. Most European countries have tried and found fairly successful some forms of corporation taxes. The eastern states that have depended chiefly on corporation taxes find them superior to the general property tax for purposes of state revenue and rnore just to the poorer classes. It has been found possible to avoid the two great dangers of industrial taxation, (i) The chief objection to levying taxes on industry is that industry may be injured by the extra burden imposed. In practice it is found that to-day industry can afford to pay taxes better than agriculture or labor. (2) Under our present system of federal government, the states must avoid severe laws against corporations or these will transfer their business in some cases to other states. This danger has not been realized in the attempts to tax corporations. 170 THE NEW CIVICS Principle of the tax. Progressive nature of the rates. Liquor licenses and public utiUty revenues. separately. Sometimes these companies are assessed accord- ing to the value of their franchises, which is usually repre- sented by the market value of their stock. Corporation taxes will undoubtedly be used more in each succeeding decade, although they may not be adopted extensively on account of problems in administration. 156. Inheritance Taxes. — Many states tax inheritances. It is held to be an especially fair tax because it is according to ability and social justice. It is based on the principle that the state has a real claim upon the property of any one who has amassed wealth under the protection of its laws, if this property is transferred without cost to another who did not aid in its accumulation. It is held that legatees who ac- quire wealth which they have not earned are able to pay a fair percentage of the money bequeathed to them in the form of a tax. Inheritance taxes are used in most foreign countries, by the national government (§ 152), and in about one half of the states. Few, if any, of .the states require a tax to" be paid upon small bequests to a wife, a husband, or a child. But if the bequest is large, or the legatee is not closely related to the de- ceased, a fair percentage of the property must be paid into the state treasury. In other words, the tax is often pro- gressive, i.e. the rate increases with the amount of the bequest or the lack of relationship between the deceased and the legatee. 157. Other Forms of State and Local Revenue. — A form of revenue of some importance for local governments is the system of licenses, particularly those upon liquor saloons and places of amusement. Another kind of local revenue is furnished by the business enterprises conducted by our governments. Our post office usually has a deficit, but some municipal public utilities (§§ 177-184), such as waterworks or electric Hghting plants, have furnished a net income above their expenses. This ordinarily is small, since usually the business is conducted with a view of doing as much as possible for the citizens, rather than mak- STATE AND LOCAL TAXATION 171 ing money. In the sale of franchises for privately owned utilities (§ 179) an additional source of revenue is secured. The large income which the city rightly should receive from that source has seldom been returned to the public. In some states we still have poll taxes, and in a few common- wealths no one may vote until his poll tax has been paid. The cost of local improvements is usually met, in large part at least, by special assessments. For our state governments heavy debts are not customary, because the work of the state government deals less with administration which involves expense, than with legislation, which does not call for large revenues. City governments, on the contrary, ordinarily are heavily burdened with debt. A large part represents waste, but some of the debt stands for good investments. Because of the danger of heavy municipal debts, many state constitutions have placed a limit on the amount of debt which any of its local/governments may incur. Most bond issues must be approved by the voters at the polls before the bonds can be sold. An examination of the scheme of taxation in use in Ameri- can states, cities, and counties shows that most of the tax systems in use are not well adapted to the social and business needs of the people. This is due chiefly to the great depend- ence placed upon the old general property tax. The excep- tions are (i) the rural communities in which that tax is satis- factory because almost all property is visible, (2) the states which, by separating state from local taxation, have estab- lished satisfactory corporation taxes, and (3) the cities which make wise investments in real estate, enjoy profits from public utilities, and have Hcenses upon local business. Special assessments for local im- provements. Defects and merits of state and local taxa- tion. General References Hart, Actual Government, 381-429. Bullock, Principles of Economics, 539-550, 559-587. Plehn, Introduction to Public Finance. Adams, Science of Finance, 434-564. Bullock (ed.). Selected Readings in Public Finance, 1-92, 193-253, 280-306, 337-395, 425-584. 172 THE NEW CIVICS United States Twelfth Census Abstract and special Bulletins on Wealthy Debt, and Taxation (1913). Taussig, Principles of Economics, II, 483-560. Reinsch, Readings on American Federal Government, 299-361. Topics The Defects of the General Property Tax : Adams, Science of Finance, 434-449; Seligman, Essays in Taxation, 23-37; Ely, Taxation in American States and Cities, 146-201; Bullock (ed.). Selected Readings in Public Finance, 202-253. Internal Revenue: Plehn, Public Finance (169-175); Adams, Science of Finance, 377-386; Bullock, Readings in Public Finance, 449- 472 ; Howe, Internal Revenue System. Studies 1. Taxation in American cities. Annals of the American Academy, 28 (1906), 155-172. 2. Conditions and needs of local taxation. Seligman, E. R. A., in Political Science Quarterly, 22 (1907), 297-314. 3. Suggestions for a revenue system. Adams, Science of Finance, 500-516. 4. Taxation of land in American cities. Beard, American City Government, 134-141. 5. Financial aspects of the customs revenue. Bullock (ed..). Public Finance, 425-448. 6. Preparation of a national revenue bill. Beard, Readings in American Government and Politics, 333-337. 7. Congress and appropriations. Reinsch, Readings on American Federal Government, 301-309, 317-320. 8. Congressional extravagance. Reinsch, Readings on American Federal Government, 355-361. 9. The pork barrel. Burton, T. E., in WorWs Work, 25 (1913), 438-443. 10. Our national debt, historical and descriptive. Austin, O. P., in North Am^erican Review, 175 (1902), 566-576, 701-720. Questions 1. For what three purposes was the most money expended last year by this county ? by this city ? by this state ? by the national government ? 2. Explain why private property is a public institution. Why is it reasonable and just that it should be held subject to public needs and be taken in part by taxation by the public? In what other ways may private property be taken for public use? PUBLIC FINANCE 173 3. Name the articles from which most of our income from customs duties is now derived. (Newspaper almanacs.) 4. Have we a national tax at present on any commercial trans- actions? To what taxes is the progressive principle applied? 5. Make a table showing the national revenue derived from each source during the last fiscal year. Do the same for the national expenditures. Does the amount of any item seem unjust ? 6. What serious defects are noted in the methods used by Congress in the control of finance ? 7. Look up for the city and county : the total assessed valuation of property, the tax rate, the income from the general property tax, the income from other important sources. 8. What is the amount of the city debt? Is there a limit to the amount of debt that may be incurred ? 9. On what taxes does this state depend for its revenue? Explain all state taxes besides the general property tax. 10. To what extent are our systems of taxation fair and just? Are taxes paid chiefly by those who should pay them? Name two taxes in which serious defects still exist, explaining the defect and, if possible, suggesting a remedy. CHAPTER X CITY GOVERNMENT Reasons for growth. Civic results of rapid growth of American cities. 158. The Remarkable Growth of Our Cities. — We can appreciate the importance of city government if we realize that two fifths of all the people of the United States live in cities of more than 8000 inhabitants, whereas twenty-five years ago only one fifth of our population dwelt in cities. The chief motives influencing this migration to urban centers have been the increased opportunities of business advance- ment which a city offers, and the social and educational advantages found there. Because of the many calls which city life makes upon the time of its people, less chance is given the voters to interest themselves in the way the govern- ment is conducted. Since they do not become acquainted with their neighbors as in the country, the candidates for city offices are known personally by few voters. This indifference of the people to city affairs is increased by the lack of great public questions in connection with the municipal government. The vast number of details with which city officials are concerned, from their very complexity, make supervision of city administration by the voters almost impossible. It is well known that our city governments have often fallen into the hands of men whose sole business is " politics," and whose care for the public welfare is less marked than their devotion to private interests. This is the more unfortunate because the regulation of a city's business involves the expenditure of a much greater amount of money in proportion to the population than does that of the county, the state, or the national government ; conse- quently all citizens should be vitally interested in having their city's government as perfect as possible. 174 MUNICIPAL ORGANIZATION 175 Organization 159. The Municipal Charter. — All cities are public cor- porations 1 created under state laws.^ After a city has been incorporated, a charter is granted by the state legislature or formulated by a committee selected by the voters of the city. This charter is the fundamental law of the city, al- though it is subordinate in every respect to the state consti- tution. The most vital part of the charter deals with the frame of the government for the city, showing the composi- tion and powers of the legislative body known as the council or commission, and the term and duties of the most important administrative officials. Formerly most city charters were granted by special act of the legislature. Nowadays the legislatures usually grant the charters under general laws. The state divides its cities into classes according to size, and a form of charter is en- acted by the legislature for the cities of each class. A few states which have this form of charter, however, sometimes permit the larger cities to modify these general charters, or even to draw up a special charter for the city. Twelve states now allow every city, small towns being excepted, to elect charter committees which frame home rule charters such as are desired by the people of that munici- pality.^ In a few cases these charters go into force as soon 1 § 186. * When the population of any rural district becomes fairly dense, the voters may petition to have a special election called in order to determine whether the district shall be incorporated as a city or village. If the vote is favorable, articles of incorporation are drawn up in accordance with the law of the state. These articles state the boundaries of the city or village, as well as the number, terms, and powers of the officials. Chief among the officials of a village are the members of the village boards, corresponding to the city council, whose presiding officer is " mayor " of the village. Other duties are performed by the clerk, the treasurer, the assessor, and the overseers of the poor. These village governments are therefore quite similar to those of the cities, athough their tasks are less numerous and their problems much easier to solve. 3 The twelve states which in 191 6 provided for charter committees were Missouri, California, Washington, Minnesota, Colorado, Oregon, Michigan, Oklahoma, Arizona, Ohio, Nebraska, and Texas. Nature of a dty charter. Classes of municipal charters in most states. Freehold or home rule charters. 176 THE NEW CIVICS Increase of home rule since 1800. The three types. Two kinds of mayor and coimcil gov- ernments. Composition of the coimcil . Powers exer- cised by the city coimcil. as they are approved by the voters of the cities, but ordi- narily they must be ratified by the state legislature. 160. Three Types of City Government at Present. — Until the early part of the nineteenth century it was cus- tomary for American states to govern their cities, only the members of the municipal council being elected by a select set of voters within the city. After American government in general became more democratic, popular election was substituted for appointment in the selection of the most important administrative officials. At present there are three types of city government in use, (i) the mayor and council type, (2) the commission form, and (3) the city manager plan. Of the mayor and council type there are two kinds. In the older form the council has considerable power and the municipal administration is intrusted to a large number of unrelated officials or bodies. In the later, more centralized form, which was adopted extensively during the last part of the nineteenth century, the council has less authority, there are fewer elected administrative officials, and more power is concentrated in the hands of the mayor, the auditor, and one or two associates. 161. The City Council. — As a rule the councils of our cities are small bodies of from ten to twenty members com- prising a single chamber, although in about one city in four there is a second chamber, just as in the state legislatures and in Congress. In some of the cities the members of the council are elected from wards or from special districts into which the city is divided ; in some they are elected from the city at large. The chief objection to the first system is that councils are apt to be composed of ward politicians. In the second system, however, the minority sections or groups may be almost entirely unrepresented. The council is not allowed to exercise any power except those specifically mentioned in the city charter. Usually the list of enumerated powers is quite long, giving the council the right to construct pubHc buildings or other public im- MUNICIPAL ORGANIZATION 177 provements and to make ordinances for controlling the streets, preventing disorder, regulating licenses, caring for the health of the community, and for mahy other matters of local interest. The council is usually the chief financial organ of the city. To it estimates of the expenses of the different departments are furnished, by it appropriations are voted, and provision is made to meet the expenditures through taxation or other forms of revenue. When it be- CiTY Hall, San Francisco, Cal. comes necessary to borrow money, the council is authorized to issue bonds for the necessary amount, although sometimes the council must secure the approval of the voters. When companies apply for franchises to lay a street railway track, or furnish telephone service or gas, the applications are made to the council, but in some cities franchises cannot be granted without a favorable vote of the people. 162. The Mayor. — In many of the cities which have the mayor and council type of government, the mayor is simply 178 THE NEW CIVICS The older type of mayor. The mayor with con- centrated authority. Commission government as a remedy for defects in municipal government. Commission- ers as a gov- erning body and as ad- ministrative heads. the most important of the administrative officials. He is aided by many associates or colleagues who are independent of him, since they are chosen without consulting him and may not be removed at all. As mayor he has a little power of appointment, but he selects very few officials. He must enforce the laws and he has the right to veto bills passed by the council. Such a system as this is naturally headless. There is a maximum of inefficiency with a minimum of responsibility. Consequently, as our city governments were very badly managed, an attempt was made, during the late years of the nineteenth century and the early years of the twentieth, to remedy the worst evils of municipal government by concen- trating power in the hands of the mayor. Many mayors are allowed to select and remove, with the consent of the council, most of the subordinate executive officials and boards. Consequently in these cities he is held responsible for the success or failure of municipal administration. Comparatively few cities have changed to this form of govern- ment within recent years. 163. Commission Government. — More than three hun- dred cities. in the United States, chiefly of medium size, have sought to secure better government by a radical change in municipal organization. Instead of having a council with a mayor, these cities select a body of commissioners, usually five in number, who are the chief and in a sense the sole governing body of the city. The commissioners are elected at large and are afterward assigned to different departments, all of the administrative work of the city being under these large departments. Election at large helps to prevent the selection of ward politicians to these offices. There is considerable concentration of authority and therefore of responsibility in the hands of this single body of men. As a commission they make ordinances and super- vise the affairs of the city in general. It is in their power to adopt a unified policy of city planning and development. As administrators each has charge of a department for which MUNICIPAL ORGANIZATION 1 79 he is presumably well fitted. The men who make ordinances and supervise the general affairs of the city also supervise the administration of municipal ordinances and policies. In this way there is a close correlation between legislation and administration, undoubtedly a wise and necessary provision in municipal government. 164. Merits of Commission Government. — Since com- Advantages, mission government is one of the latest types used in our cities, it embodies many of the reform methods which have been favored in recent years. The very change from an old government to a new form has in itself tended to awaken civic interest and secure popular cooperation, which may have been lacking before. In many ways these reforms have been desirable, but they are not necessary characteristics of commission government alone. That commission govern- ment is adapted to the needs of medium-sized cities seems apparent, because it simplifies the older, more complex form of municipal administration, gives more unity to the govern- ment, and concentrates administrative authority in the hands of a single body. That commission government is adapted to the needs of Limitations, larger cities does not seem to be indicated either by the nature of its organization or by the rather moderate success which it has attained in the few larger cities where it has been tried. Many people beUeve that commission government, although apparently an excellent form of concentration, is headless because no one person is in control. However, it has so much concentration that to others it seems unrepresentative and undemocratic and therefore dangerous. They fear that, if corrupt influences are powerful enough, it may make some older forms of municipal graft and corruption seem childishly simple. 165. The City Manager. — The newest type of city or- ganization provides for a city manager in addition to either the commission or the mayor and council.^ The city man- ^ Although the city manager is preeminently an expert administrative of- ficer, the plan has been adopted chiefly in cities with commission government. i8o THE NEW CIVICS The city manager as supervisory administra- tive expert. Beginnings of city gov- ernment. Experimen- tation and problems. ager is an expert, not necessarily a resident of the city, who is selected for the purpose of assuming entire control of city administration. Since a municipality is to a large extent a business corporation, there seems good reason to believe that a business manager who knows municipal business should be able to organize efficient city government, just as the general managers of big business corporations are doing everywhere for business. Of course it will take time to train good city managers; good results must not be expected of untrained managers selected for short terms. Although the manager's term is very short in most of the American cities which have been experimenting with this plan, he has the right usually to appoint all subordinate administrative experts who are under his supervision and control. Ordinarily he has charge of the making of the city budget and therefore of the city finances. In most cities which have adopted this system he also has the power to see that all laws and ordinances are enforced. At this writing (1916) this plan has not yet been tried long enough to prove its real merits or demerits. The city manager is not to be confused with the burgomaster of the German city, from whom he is radically different. It can be seen from this brief survey of city governments that we are still in a period of transition. We realize the defects of municipal government and seek something better than we have. Out of our experimenting we are bound in time to evolve forms of city government which will be adapted to American conditions and to the needs of large as well as small cities. General Problems of City Government 186. The Problem of Functions. — There has been a decided tendency in recent years for all our governments, Since the commission itself was intended to be a body of expert administrative heads who were organized into a single body for the making of ordinances and directing the policy of the city, the principles underlying the city manager plan seem to be greatly at variance with those underlying the commission form of government. GENERAL MUNICIPAL PROBLEMS l8l especially those of cities, to extend the number of duties Increase and classes of functions. which they perform. Even yet American municipalities classes of do less for their people than is done by the most progressive European cities. We may classify municipal duties as strictly governmental duties or business duties. Most of the business functions will be considered later under the topic " Municipal Public UtiUties." Under the strictly governmental activities we find first Public safety that of preserving order, since disorder, evasion of law, and regulations. crime increase as population becomes more congested. Fully as important is the subject of health. The larger the city, the greater the menace to health from epidemics, from the spread of ordinary contagious diseases, and from the accumulation of filth and waste (§257). In self -pro- tection cities must make and enforce strict plumbing and sewage regulations, they must provide a supply of pure water, they must prevent the use of preservatives in milk or meats, and must have careful inspection of all foods which are offered for sale (§§ 258, 259). The proper paving and care of streets constitutes a task of Improve- no mean proportions (§ 284). The construction of public "^entsand school buildings, the maintenance of schools (§§ 242-247) fare work. of every grade, from kindergartens to high schools or even colleges, and the selection of teachers, require the best thought and effort of one of the cities' most important depart- mehts, the Board of Education. Almost as essential for the social well-being of the people is the work of education, culture, and recreation furnished by city libraries (§ 248), parks, and playgrounds (§§ 173, 174). 167. Administrative Departments. — Most of the real Decentral- work of a city is performed through numerous administra- ^^^f mumci- 1 -« *• ^ 1 T. P^^ admin- tive departments.^ Many departments are managed by istration. appointed boards or heads, and a very few, as the pohce and fire departments, have both boards and chiefs. Two dis- * The'school department is in a sense distinct from the rest because its mem- bers are usually elected and have unusual powers in the expenditure of public money. l82 THE NEW CIVICS Centralized administra- tion. Civil service in cities. The need of non-partisan organi- zation. tinct forms of administrative organization are found in American cities, (i) The older or decentralized form, at one time practically universal, leaves the departments en- tirely independent of one another. There may be forty or fifty departments which have no means of cooperating with one another and are not directly responsible to either the mayor or the council. (2) In many cities there are four or five grand departments , each of which includes a number of bureaus, these bureaus corresponding to the disconnected departments in the de- centralized form. By this means, cooperation and the fixing of responsibility are secured. In the commission form of government, a commissioner usually presides over each of these concentrated departments. Those which are most commonly arranged are Department of Public Affairs, De- partment of Public Safety, Department of Public Works, Department of Public Finance, and Department of Mu- nicipal Utilities or Department of Parks and Public Property. There are more employees in these administrative de- partments than would at first be thought possible ; Greater New York, for instance, has seventy thousand, practically all of whom are under civil service regulations. As most of the positions can be filled properly only by persons of par- ticular skill, the methods used in the selection of employees are of the first importance. Civil service rules are enforced in practically all cities of the three states of Massachusetts, New York, and Ohio, but except in cities with commission government very little has been done elsewhere to establish a regular civil service in which appointments shall be made exclusively on the ground of merit or removal solely for in- competency. The popular interest taken in this subject should lead to some improvement, without which good gov- ernment is impossible. 168. Municipal Elections. — Since the work of the city is almost purely administrative, it is necessary that partic- ular care should be taken in the election of those chief executive officials by whom the numerous subordinates GENERAL MUNICIPAL PROBLEMS 183 will be appointed. Nowadays it is customary to hold city elections at a time when no state or national contest is occur- ring.^ In large cities it is absolutely necessary that there should be continuity in the important poUcies undertaken by the city government. It is quite as necessary that there should be permanent organization of citizen movements with definite and practical programs, because, if the citizens are disorganized, party politicians or unscrupulous gangsters will be sure to seize the reins of power. In some cities citizen organizations have followed the plan of supporting those candidates of the two parties who favor the citizen program. In this way they have secured a much better class of nomi- nations for city offices. In other municipalities the citizens have named candidates of their own for all offices. This has forced the parties which participate in the election to nominate excellent candidates in competition. 169. Municipal Finances. — Financial questions are rela- Relatively lively more important in cities than in the states or in the great im- nation. A larger proportion of municipal duties involve the ^bu^fit ° payment of money than in either of the others, the per capita nance in expenditures of American cities being six times as large as "^^^^' jthose of the states and practically double those of the nation. Because taxes are high, every one knows that city govern- ments are expensive. Probably less is wasted to-day than was misused in former years, but radical reforms are still necessary .2 ^ Until the close of the nineteenth century city elections were held almost always at the same time as state and congressional elections. As a consequence the nominations for the city elections were of a distinctively partisan character, and it was practically impossible to select candidates on their merits. In conse- quence the party machine (§ 106) dictated the appointment of practically all subordinates and employees. This was very fine for the party organizations but rather hard on the city government. 2 The chief source of municipal revenue is the general property tax (§ 154) levied upon all real estate and presumably all forms of personal property. This furnishes about one half of the total income. The rest is secured from hcenses issued to Uquor dealers and various other businesses, fees and fines, and payments made by corporations for franchises, privileges, and profits on municipal utihties. Most local improvements are paid for by means of special assessments and do not enter into strictly municipal finances. i84 THE NEW CIVICS Financial needs and reforms. With the large amount of money paid for the school, poUce, fire, and Hghting departments, there is need of good management and real economy. Many of our cities have not even a proper system of accounting, although some of them have adopted a regular budget which itemizes in a single statement all receipts and expenditures, and have attempted to reform their finances and their financial methods. Congestion in Tenement District, Lower New York. Some European cities, unlike the average American munici- pality, look to the future, secure lands needed for parks and public improvements before they have become too valuable, make the '^ unearned increment " (§ 145) pay a large per cent of municipal expenses, and in other ways practice a true, far-sighted economy. ^ Congestion and slums. Welfare Problems 170. The Housing Problem. — The area of most American cities seems large compared with that of European cities, 1 In America we too often call a bond election instead of planning carefully in advance to secure additional revenues which will make unnecessary our enormous WELFARE PROBLEMS i8s yet the housing question is one of our most serious problems. Because our transportation faciUties are inadequate (§ 182) there is extreme congestion in almost every one of our large American cities. Since great numbers of European immi- grants have settled in almost every metropolis, slums have been formed. In slum districts many exceed- ingly narrow streets are lined with high and more or less unsanitary tenements, and even the back yards are covered by other buildings. The illustration on the op- posite page shows the extent to which con- gestion has developed in lower New York. Many years ago at- tacks were made upon the old style tenement in the hope of securing tenement reform} In most of our eastern cities there are now laws which regulate the building of tenements and give the Modem tenants a fair amount of light, air, and sanitation.^ These building laws , . ,- t • ^ ' A j_ for tene- regulations are not enforced as strictly as might seem ments. desirable, but they have done much to improve housing municipal debts. It must be remembered, however, that a large part of our debt is represented by investments. 1 Some philanthropists erected model tenements in order to relieve congestion in the worst districts and give improved housing conditions. As one author states, in the forty years preceding igio they were able to construct in New York "model tenements or apartments for only eighteen thousand persons, while more than a milhon and a quarter persons were being accommodated in new-built but old-style tenement houses." 2 The tenement regulations prescribe that not more than sixty-five to seventy- five per cent of the ground area of any city lot shall be covered by buildings. A Model Tenement, Lower East Side, New York City. i86 THE NEW CIVICS Need of bet- ter building Our city fire departments. Need of city planning for the city and its futvure. conditions in our great cities and to reduce the death rate among tenement dwellers. 171. Fire Protection. — One form of the housing problem which should receive far more attention than it does is that of protection against fire. More property is destroyed by fire than by all other agencies, the annual direct loss from fire in the United States being two hundred and fifty million dollars, and the annual cost of insurance, fire departments, and other means of prevention as much more. In almost all large cities houses are built close together, and in the largest cities, where land is particularly valuable, they are contiguous. A fire starting in one will sweep through a block easily if there are lax building laws or poor enforce- ment of good ]aws.^ If our buildings were better, we should need to place less dependence upon our fire departments, which are rather inadequate for the need. However, our best city govern- ments now have improved electrical devices for sending in fire alarms, and their fire departments include the latest equipment in chemical engines, modern fire hose-cart trucks, extension cranes, and other fire-fighting apparatus. Heroes are common among the men who protect our cities from fire. 172. City Planning. — American cities have not been in the habit of adopting policies except for immediate needs, nor have they usually planned the arrangement of streets, boulevards, and civic centers with much foresight or care. The term " city planning " is ordinarily applied to the physi- cal improvement of a city, but there is quite as much need They control the height of the buildings, the width of air shafts, and the lighting of rooms. No persons are allowed to live in a room which does not have a win- dow opening on a street or a court. The old-style faucet tap which was used in common by all families on a single floor is now taboo ; each family in a new tene- ment has its own supply of water and possibly its own bathroom. 1 It is customary to divide cities into different fire districts. In the business center of localities where the buildings are contiguous, frame construction is not permitted, although few cities have building and fire ordinances which re- quire as high degree of fire proofing as would be desirable. Permits are required before any buildings are erected or additions made. WELFARE PROBLEMS 187 of devising satisfactory and comprehensive policies for future needs in finance, administration, utilities, and welfare work as there is for the proper laying out of squares, parks, and public highways. One American city, Washington, was platted by engineers Lack of city on a plan which was truly artistic as well as useful. In planning, most cities even the laying out of streets has been left largely to real estate operators or speculators. That is, the street planning has been arranged on private initiative.^ In some communities city planning refers exclusively to a scheme for a civic center. Since there are numerous public Proposed Civic Center, Cleveland, Ohio. buildings in all large cities, it is desirable that they should Civic cen- be grouped according to some artistic and satisfactory plan. ters,parksy9 Strangely enough very few American cities have such a better street civic center and, even more strange, very few cities are arrange- really planning such a center. Besides the civic center, °^^^^^' 1 The result is that often we have no scheme at all. In some cities a street will be found for a couple of blocks, an interval of several blocks will follow in which no street has been cut through, and then the street will be continued farther on, this happening several times possibly with the same street. A few American cities, Indianapolis for one, have boulevards cutting across the conven- tional rectangvilar blocks which are characteristic of a fairly well-planned American city. i88 THE NEW CIVICS Large city parks. city planning should include some definite and comprehen- sive scheme for parks and boulevards. Undoubtedly in the future we shall give all of these subjects far more thought and attention than we have in the past. 173. City Parks. — One phase of city planning which is of particular value, not only in making the city beautiful, but because of the opportunity which it offers for recreation and for preserving the health of citizens, is the city park. Many cities used sufficient foresight to secure large parks in Revere Beach (Municipal) Park and Bath Houses, Boston. Small parks and park at- tractions. their suburbs while land was inexpensive. When the cities grew, these parks were entirely surrounded by homes. For example, the original cost of the land for Central Park in New York City, covering one and one third square miles, was less than seven million dollars. These cities and others have, however, been forced to create parks in more congested districts at considerable expense, for they have needed breathing spaces which were accessible to the people of the tenements. Large sums have been spent in beautifying these public garden spots, making them attractive with drives, lakes, tennis courts, ball WELFARE PROBLEMS 189 grounds, zoological gardens, and numerous forms of free amusements. In a very few cases the parks have been erected into a system, giving each section of the city at least one park and connecting by boulevards a series oi well- located parks. ^ 174. Municipal Playgrounds. — Still more important are Variety and the children's playgrounds which have been estabhshed as usesofpubhc , ,. ., T- T playgrounds. breathing spaces m the tenement districts. In our larger A School Playground, Chicago, III. cities playgrounds have been created on pleasure wharves, in roof gardens on the tops of school buildings, and in squares where rookeries have been demolished. For the children of the poor they have replaced to some extent the old play- 1 A comparatively satisfactory system is the metropolitan park system of Boston which has been organized into a system not only by care in the selection of park sites, but by the series of boulevards by which the parks have been con- nected. Only a few American cities have any building regulations which give good sky lines to the buildings along new streets. If we compare, for example, the buildings on a Paris boulevard with the sky line of the buildings in almost any American block, we shall be impressed at once with the plan by which the Paris buildings have been erected. IQO THE NEW CIVICS Social ad- vantages of parks and playgrounds. Reform of some old defects. Importance of adminis- tration in municipal government. Why Ameri- can ideas of liberty and government interfere with the ad- ministration of laws. grounds of dirty streets and dark alleys; they give room for sunshine, spontaneous play, and healthful sports. With the public swimming pools and bath houses, their influence for health and cleanliness remakes many lives. Band concerts and other forms of amusement on Sundays and evenings attract large multitudes of adults, for whom inno- cent amusement is as .necessary as it is for children. To the multitudes whose days are spent in grinding toil, whose homes offer little or no attraction, whose vacations come as periods of enforced idleness when times are hard, the ever- increasing number of parks and playgrounds are an inesti- mable blessing. 175. Failures of American Cities. — More than a quarter of a century ago the great English critic of American politi- cal institutions, the Honorable James Bryce, stated that municipal administration was the most conspicuous failure in American government. Great improvements have been made in the last quarter century, but, as stated above, we are still in the experimental period. We are making prog- ress, but we have not solved our problems. The reason why municipal government is less satisfactory than other forms of American government is perfectly plain; First of all, our cities are supposed to enforce, within their localities, most of the state laws. We shall notice later that one of the most distinctive characteristics of American gov- ernment is legislative centralization and administrative decen- tralization (§ 185). Secondly, they must administer all ordinances and rules made by the city authorities for the conduct of purely local affairs. Thirdly, they must super- vise or own and manage all public utilities. All these prob- lems are administrative. The administration of law is hy far the weakest part of our American system of government. No people has equaled us in comprehending and applying the general principles of government ; no other nation has made so great a success of self-government in its varied forms. Yet almost all other civilized peoples administer their laws more carefully and WELFARE PROBLEMS 191 thoroughly than we are willing to do. Poor administration of laws is probably the price which we pay for liberty^ as we have wished to interpret that phrase. But the price is a high one when applied to municipal government, which consists of little more than administration. 176. Municipal Reform. — If, therefore, a city, expects to Defects remedy what are really characteristics of American govern- ^^'i^ '^^f T ,. - ^ --T •• must not ex ment by adopting a new form of municipal organization or pect to by awakening a greater public interest, it is very much eradicate, mistaken. We are deeply attached to our ideas of govern- ment and of liberty, and the city happens to be the scape- goat. If we cannot adopt new principles of government for the Defects we sake of our cities, we can at least remedy some exceedingly ^f.^ . ^ TTT -i '^^^ i 1 T eliminate. serious evils. We can be willing not only to adopt such a form of city government as will be best suited to the needs of each municipality, but we can also be ready and willing to give more attention to municipal affairs. We can elect officials who thoroughly understand their business. We can demand a much more complete enforcement of law and a much better supervision of municipal activities than we have had in the past. It is unnecessary to enumerate the specific conditions and The past and difficulties which have made good government impossible ^^^ future. in cities. Most of these, graft, the ward politician, un- scientific financiering, and disregard for the welfare of the city, are gradually disappearing. '' The future is bright with promise." Municipal Public Utilities 177. The Problem. — Possibly the greatest problem ShaU pubUc confronting our city governments is the question of public utilities be utilities. There are five public utilities which are needed the city? in every city; these are water, gas, electricity, transporta- tion, and telephone service. In cities the householders can- not furnish their own supply of water, and most of them must depend upon others for light, transportation, and tele- 192 THE NEW CIVICS Reasons why public utili- ties are nat- ural monop- olies. Need of pro- tecting cer- tain public interests. phone service. Among a municipality's necessary duties is that of deciding whether these utihties shall be provided by private corporations or by the city, in other words, whether the city shall have municipal ownership of any or all of these utilities. These are not only public utilities because they furnish necessaries which cannot be provided by each citizen for himself, but because they are natural monopolies for several reasons. First, duplication of plants is expensive. It is much better to have on each street a single water main than to have two or three companies competing over the same area. One public service corporation can give better service than many. Secondly, it is more convenient and satisfactory to have one transportation company or tele- phone company (§ 183) than to have two or more com- panies. We have discovered from experience that compe- tition between public utility corporations is absurd in theory and a failure in practice. Thirdly, these are monopolies because the service in most cases cannot be separated from the plant through which it is provided, e.g., we must get gas from pipes which connect us with the gas manufacturing plant. It is, therefore, wisest to accept the fact that public utilities are monopolies and to treat them accordingly. 178. Conditions Affecting the Problem. — There are three reasons why our cities should find the best means of dealing with this question of public utilities, (i) Our streets are' public property and should be used solely for the good of the people. If we give individuals or corporations permission to lay tracks or water pipes, or to erect poles which carry electric wires, the benefits accruing to the citizens should be in proportion to the privilege granted. (2) The cities should receive an income for the use of the streets for these purposes, whether the business is conducted by the city or by private parties. (3) The citizens should have the benefit of good service at reasonable rates. In brief the problem is this : by what means is it possible for the city to secure for its people the best service from every MUNICIPAL PUBLIC UTILITIES 193 point of view? If it is possible to have good management Different of a municipal utility, then municipal ownership would seem ^^^^ ^°^^ ^^^ to be most desirable. If, on the contrary, a system of conditions, public regulation by the municipal authorities has been worked out rather fully, private ownership is stripped of many disadvantages. 1 179. The Question of Franchises. — If a public utility Value of is privately owned, the private corporation must secure a gr^nt^^to franchise from the city council or the state legislature, private cor- nowadays usually the former. The conditions under which porations. a franchise may be granted by a city are often stated in gen- eral terms in the state law and further described in the city charter. Years ago it was customary to give franchises for long periods without requiring anything in return.^ Modern franchises are not as likely to be secured through Methods of the bribery of councilmen or legislatures, especially if a ^^^^^^^ 1 referendary vote may be taken before the franchise is granted, uc utility It is customary in larger cities either to sell franchises to franchises. the highest bidder or to prescribe that a minimum per cent of the annual gross receipts from the operation of the utility shall be paid into the city treasury. Franchises are no longer perpetual, but run now for a definite number of years, such as twenty, twenty-five, or thirty, or they are " indeterminate." ^ If the granting of franchises is left solely with the city council or commission, the opportunities for bribery, and the temptation for the present administra- tion to sacrifice the city's future for temporary gain to it- self, form an appalling menace to good city government. 1 Wherever there are state public utiUty commissions well organized and really protecting pubUc interests, regulation has been adequate. In consequence municipal ownership has made little progress in those states. ^ It is estimated that in some of our larger cities only one quarter of the pres- ent value of pubUc utility corporations consists in the actual value of their plants, rolling stock, and other property. That is, three quarters of the present market value of their stocks and securities consist of franchises granted to them for little or nothing by our government, and represented in their stock by "water." ^ If a franchise is indeterminate, no time limit is prescribed but a definite price for the property is fixed, or a method of determining the price arranged, with the right of the city to take over the property on payment of a reasonable amount. 194 THE NEW CIVICS Municipal ownership due to large original costs but small ex- pense of operation. Necessity for a pure and abimdant supply of water. Advantages of public over private ownership. 180. The Water Supply. — All but three or four of our larger cities now have municipal ownership of water or have made arrangements for public ownership of the present private plants. The business of supplying water is different from that of most other pubUc utilities in this respect, that the cost of operating a water plant is relatively very small; and we should notice that it is in connection with operation that municipal ownership has been most defective. On the other hand, the initial cost of a water system is usually quite high} The real reason for municipal ownership of municipal water supply is not economic but social. Water is far more a public necessity than even light, transportation, or tele- phone service. The ordinary water supply is used for drinking by a very large percentage of the city dwellers. Every household needs an additional supply and every house with grounds uses a large amount. It is, therefore, neces- sary and desirable that the water should be not only pure, cheap, and abundant, but that it should be carried to all households within the city limits. Since epidemics of typhoid and some other diseases have been traceable to impure supplies of water, cities are willing to go great distances to get pure water ^ and to incur con- siderable expense in installing filtering plants, whereas pri- vate companies, interested in profits, would do neither. Moreover, many cities have been farsighted and have secured sources which will give abundant water in decades to come, whereas private companies were far more content to look after only the immediate needs of the community. Last but not least, municipal ownership and management has not only reduced the price of water in most commu- nities, but has accumulated a surplus for improvement and ^ It is necessary to go long distances in order to find a lake or series of streams from which a supply of pure water can be obtained. The cost of getting this water supply and its watersheds, the great expense of constructing conduits for a long distance, of building large reservoirs, and of laying a network of pipes along the streets makes the original outlay very heavy. ^ For example, Los Angeles, California, has gone more than two hundred miles. MUNICIPAL PUBLIC UTILITIES 195 extension of service which has reheved the city of continued expense. Municipal ownership of water is one of the great successes of American cities. 181. Gas and Electricity. — A fairly large number of Municipal cities have undertaken to furnish their own electric light ^^^^^nc for streets and public buildings. Some of these also furnish electricity to householders. In a few cases the municipal plants have a monopoly of the lighting privileges within the city, i.e. the householders must obtain their lights from the municipal plant, as no other has been established. Mu- nicipal plants have reduced the high rates formerly charged by the private companies, whose stock had undoubtedly been watered extensively. The success of these undertakings in small and medium-sized cities seems to indicate that mu- nicipal ownership of electric lighting will be still more com- mon in the future. Before electricity became the common means of lighting, Unfortunate a few cities provided for pubhc gas plants. These were not °^^ expen- well managed, as in those days municipal government was municipal at its worst. Since gas is used more commonly nowadays gas plants, for heating than for lighting, we need not go into the rather interesting, if somewhat scandalous, history of municipal gas plants which were publicly managed or were rented to others. 182. Transportation Facilities. — As the population in Seriousness the centers of American cities has become congested, it has ^^ the trans- been necessary to develop transportation to the suburbs, problem? Although transportation systems have grown rather rapidly, they have failed to keep up with the needs of urban growth. The problem of transportation supervision or control has been especially serious in localities such as the borough of Manhattan, New York City, in which the growth is restricted to a single direction. Street railways have been, in a sense, the most difficult Defects of problem connected with public utiHties. Since streets Pfj^fjf desirable for car tracks are limited in number, private cor- porations have secured, often through bribery, advantages service. 196 THE NEW CIVICS transporta tion. which should have been retained by the public. The worst abuses of pri- vate ownership in connection with pubhc utilities has been shown in the misuse by street car companies of im- portant thorough- MuNiciPAL Railway Car, Seattle. fares and in the inexcusably poor service which has been rendered the public by private transportation companies. ^ Importance With the advent of better reg- Qf the jitney bus 2 ulation of 1 ^ to supplement the street railway, pub- lic ownership ^ of transportation fa- cilities has become less desirable than formerly in the less congested cities. In consequence, there is at present A Jitney Bus 1 Two ways have been suggested of avoiding these evils. The first is to have the cities own and manage the street railways ; the second, to grant, for a short term of years, franchises which give the cities control over the private companies, and which arrange to have a percentage of the profits paid into the city treas- uries. The second method seems to be more popular and the one more likely to be universally adopted. 2 In many western cities a remedy for poor service has been sought in the jitney bus, an ordinary or specially arranged automobile in which passengers are carried. The jitney bus runs in competition with the street railways, and, not being subject to regulation in the same way as the street railway, has com- plicated the municipal problem quite as much as it has relieved congestion of transportation. Probably in time the jitney bus will be used to supplement the street railway, particidarly on streets and in localities not reached by systems of car tracks. ' In only two cities, Seattle and San Francisco, has public ownership of street MUNICIPAL PUBLIC UTILITIES 197 a demand for better regulation than in the past. There is no reason why, if street railway franchises are drawn properly, the private transportation companies should not be forced to live up to the franchise requirements and give the good service which the franchise requires. The present street railway problem in most American cities is preeminently a problem of supervision and regulation. 183. Telephone Service, — Nowadays a telephone is a The need of necessity for all business men and many other residents °?^ ^^^^" . , . . , 1 • T /-x T M pnone com- within a city, and to many people in the country. Ordinarily pany in each in each city there was at first but one telephone company, city. This gave such poor service and charged such high rates that, following the usual American method, a competitive system was started. Experience of many years with two competing telephone companies has shown us that a tele- phone system, as well as those for water and transportation, can give the best results if it is a monopoly. Since telephone systems even more than transportation Possibility companies and water systems are interurban in character, °^ combma- • 11 r in 1 1 ^ ^ ii- ^lOn Undct It has been found best to regulate them through state public state public utility commissions. If separate telephone companies are utility com- allowed or forced to combine under proper regulation and "^^^°^- control, there is a real public gain, if the new monopoly is held by the state commission to a high standard of efficiency and good service. 184. Municipal Ownership vs. Private Ownership. — General Whether the best results can be obtained by private or conditions public ownership of public utilities depends largely upon public or circumstances. When the original cost of the undertaking private own- is large in proportion to the annual expense of operation, ^^^ ^' as in a system of waterworks, the advantages of public ownership are especially evident. On the contrary, any public utility in which large numbers of men are employed is apt to be mismanaged by municipalities which do not use car lines been attempted at all as a remedy. Each of these cities owns a few miles of track and has tried a municipal railway. Boston owns its own subway. New York owns subways, but has rented them to private corporations. 198 THE NEW CIVICS efficient methods in selecting and maintaining a group of em^ ployees. Why graft The chief criticism of pubHc ownership, that it will be has little to inefficient because graft and other corrupting forces are at problem. work, is not a criticism of municipal ownership but of mu- nicipal administration. There is little more danger from graft and inefficiency in the management of public utilities than there is from the corrupt granting of valuable franchises. If graft exists, no system of handhng public utilities is good. Kiosks on Common, Boston (Municipal) Subway. If inefficiency and lack of public interest persist, the public will be the loser, whichever method is adopted. Disadvan- The chief disadvantages of private ownership may be tages of pn- summarized as follows : desire for profit rather than good vate owner- ... .iir. •!• 1 • ship. public service, lack of interest in keeping up the service, un- willingness to extend service into districts which will not be immediately profitable, use of bribery and wholesale graft to obtain franchises, need of maintaining control of the city government in order to prevent the city from regulating the utility, the high charges which are paid as interest on watered stock, and the inefficiency of public regulation. The chief disadvantages of pubhc ownership are these: poor management because the city is not a wise selecter MUNICIPAL PUBLIC UTILITIES 199 of employees, constant modification in the policy through Disadvan- political changes, danger that poHtics will be controlled by ^^^^! °^ business, danger that the city may not use good judgment in ownership planning work and therefore may call upon taxpayers to supply deficiencies and government losses. Certainly municipal ownership has not progressed as The outlook much in America as in Europe.^ Eminent European inves- tigators have urged that, until American cities are better governed, they should leave most public utiUties in private hands. If better systems of control remove the worst evils of private ownership, we can combine the greatest advan- tages of private initiative and enterprise with a farsighted system of pubHc supervision. General References Hart, Actual Government, 180-214. Goodnow, City Government in the United States. Wilcox, A Study of City Government. Beard, American City Government. BruSre, The New City Government. Rowe, Problems of City Government. Howe, The Modern City and Its Problems. Zueblin, American Municipal Progress. Munro, Government of American Cities. Munro, Principles and Metliods of Municipal Administration. Hamilton, Dethronement of the City Boss. 1 Of the fifty largest cities in Great Britain and Germany the following have entered on the policy of municipal ownership : In Great Britain Own Tht.tr Own In Germany 30 Water Supply 48 21 Gas Supply 50 44 Electricity Supply 42 42 Tramways 23 49 Baths 48 44 Markets SO 23 Slaughterhouses 43 — Howe. The Modern City and Its Problems, p. 176. 200 THE NEW CIVICS Bradford, Commission Government in American Cities. Woodniff, City Government by Commission. King, Regulation of Municipal Utilities. Whitten, Public Service Corporations. Fairlie, Municipal Administration and Essays in Municipal Adminis- tration. Koester, Modern City Planning and Maintenance. Annals of the American Academy, Nov. 191 1 and May 191 2. Topics The City and the State : Goodnow, Municipal Problems, 63-89 ; Howe, The Modern City and Its Problems, 66-85; Beard, American City Government, $1-$ I ; Munro, Government of American Cities, 53-79; Good- now, Municipal Home Rule (IV-V) . Social Structure of the City : Beard, American City Government, 3-30; Munro, Government of American Cities, 2g-$ 2; Howe, T lie Modern City and Its Problems, 34-65. The Problem of Franchises : Beard, American City Government, 190-217; Howe, The Modern City and Its Problems, 149-164; Bowker, R. R., in Atlantic Monthly, 88 (1901), 463-482; King, Regulation of Municipal Utilities, 75-98 ; Whitten, Public Service Corporations. Commission Government: Mtinro, Government of American Cities, 294-320 ; Hamilton, Dethronement of the City Boss, 9-25, 169-181 ; Brad- ford, Commission Government in Cities, 127-146, 181-213, 291-306; Woodruflf, City Government by Commission, 1-165 ; Bruere, The New City Government, 16-99; Annals of the American Academy, Nov. 191 1. Municipal Control of Public Utilities : Zueblin, American Mu- nicipal Progress, 30-54, 87-94, 359-375 ; Meyer, B. H., in Political Science Review, 5 (191 1), 374-393; Maltbie, M. R., in Annals of the American Academy, 37 (1911), 170-190; Kennedy, J. S., in Forum, 48 (1912), 584-595; Bruere, H., in Annals of the American Academy, 31 (1908), 535-551; ^mg, Regulation of Municipal Utilities. Studies 1. The city charter. Howe, The Modern City and Its Problems, 86- 96; Bruere, Nevo City Government, 361-375. 2. New standards of city government. Bruere, The Nevo City Government, 1-15. 3. The city council. Munro, Government of American Cities, 180- 206. 4. The mayor. Munro, Government of American Cities, 207-236. 5. New York municipal problems. Bruere, H., in Review of Reviews, 48 (i9i3)» 465-471. CITY GOVERNMENT 20I 6. Selection and training of administrators. Bruere, The New City Government, 335-360. 7. Budget making. Howe, The Modern City and Its Problems, $22- 345. 8. Raising and spending the city's money. Beard, American City Government, 129-157. 9. City planning in general. Zueblin, American Municipal Progress , 326-358. 10. City planning in Seattle. Robinson, C. N., in Architectural Record, 31 (1912), 164-170. 11. Progress of good housing. Craiger, S. M., Review of Reviews, 48 (1913), 577-586. 12. Fire departments and their work. Zueblin, American Municipal Progress, 130-136. 13. The streets of the city. Beard, American Ctty Government, 242- 260. 14. Traffic regulations. Woods, A., in World's Work, 31 (1916), 621-632. 15. Chicago recreation problem. Richards, J. R., in American City, 13 (1915), 468-485. 16. Architecture in public parks. Burnap, G., in American City, 13 (1915), 12-19, 185-192. 17. Improvement of inland water fronts. Smith, F. A. C, in Ameri- can City, 12 (1915), 291-298. 18. Tenement house reform. Besiid, American City Government, 287- 310. 19. The water supply of cities. Munro, Principles and Methods of Municipal Administration, 122—166. 20. The jitney bus. King, C. L., in American City, 12 (1915), 480- 489. 21. Municipal railway regulation. Zueblin, American Municipal Progress, 30-54- 22. Pubhc bath houses and swimming pools. Gearhard, W. P., in American City, 11 (1914), 357-367. 23. Efficiency in city government. BruSre, H., in Annals of the American Academy, 41 (1912), 1-22; Munro, Principles and Methods of Municipal Administration, 1—29. 24. The city's wastes. Zueblin, American Municipal Progress, 73- 86. 25. Conditions and methods of social progress in American cities. Pollock and Morgan, Modern Cities, 348-376. 26. Municipal reform. Munro, Government of American Cities, 358- 385. 202 THE NEW CIVICS Questions 1. What was the population of this city, according to the latest census? What was the percentage of growth during the previous decade? What is the area of the city? 2. What date does the present charter bear? Was it given to the city by the state legislature? How may it be amended? 3. WTiat form of city government have we at present? How long have we had it ? To what extent is it satisfactory ? 4. For mayor and councilmen or commissioners : give term of ofl&ce, method of selection, powers as individuals or as a body. 5. Name advantages and disadvantages of each form of municipal government : (i) old style mayor and council, (2) centralized mayor and council, (3) commission, (4) city manager. 6. What other officials and what boards are elected by the voters? How is the police board chosen? the board of health? Have we a board of public works? Is there a civil service commission in this city to examine appUcants for positions? 7. Explain the problems of city elections and municipal finance. What is a budget? Are the finances of this city well managed? 8. Is there a housing problem in this city? If so, what has been done toward its solution? What progress have we made in city plan- ning? What city parks and playgrounds have we, and what have they done for the city? 9. What are the most conspicuous failures of American cities ? How have we remedied many of the minor failures? How can we remedy others ? Why must we not expect as great success in mimicipal govern- ment as in national government? 10. What is a public utility; a franchise? What are quasi-public corporations? Does this city own a system of waterworks? If so, when was it constructed or purchased ? 11. By whom are street railway franchises granted? for how long, usually? Do the railways pay the city a percentage of their earnings? Are all under a single company, or are there competing lines ? 12. Under what conditions is municipal ownership of public utilities advisable ? Under which is it unwise ? What system of caring for public utilities is good under poor government? CHAPTER XI STATE AND COUNTY GOVERNMENT County and Town Government 185. Local Government in the United States. — At the The three present time we have three types of local erovernment in ^^p^^ °^ ^°^^^' Kovernnient. the United States: (i) the town type, (2) the county type, and (3) the compromise type. In the six New England States, the town with its town meetings still looks after all important local needs of the inhabitants. In the South, the counties and their officials take full charge of local affairs, for many of the counties are not subdivided even into school districts. But in the majority of the states, the compromise system prevails, each county having townships with a few unimportant duties, while all other local public business is transacted by the county officers. We must not forget that our local governments are but Interde- parts of the system of state government. The local gov- ^ate^^ndb- ernments derive their authority, not from the people of the locali- cal govern- ties, but from the people of the whole state. The local govern- ments. ments are, therefore, one set of agents carrying out the wishes of the people of the states, the other set of agents being the central governments of the states. ^ Our local governments Local offi- are chiefly occupied with the administration of laws made ^lalshave u 1- 1 • 1 1 r numerous by the state legislature and of ordinances passed by the adminis- county and town boards. Few of the local officials are trative called upon to deal with great questions of public policy, but they are obliged to devote their attention to a multitude of details in caring for the health of the people, in laying out ^ It will be seen by a comparison of §§138, 175 above and §§190, 195 below that our American states have a great degree of legislative centralization and an equal degree of administrative decentralization. 203 204 THE NEW CIVICS Public corporations. roads and constructing bridges, in maintaining public schools, in arresting and punishing law breakers, in keeping records of all public business, besides looking after numerous other matters of more or less importance. 186. Counties and County Boards. — Counties are the chief political subdivisions of the state and are usually pubhc New Haven County Court House, New Haven, Conn. corporations. A pubhc corporation has the right to acquire land for the erection of public buildings, assess and collect taxes permitted by the state constitution, collect debts and enforce demands by bringing suit against individuals or pri- vate corporations, and sustain suits if any one has a claim against it.^ ^As townships are rare in the South, many duties fall to the lot of the southern counties which elsewhere belong to towns or villages. Until the middle of the last century legislatures were in the habit of organiz- ing counties when they pleased, selecting county seats, and deciding what oflBdals each county should have, besides their salaries and duties. Before 1830 the selection of most covmty officials was made by the legislature, but later it was COUNTY AND TOWN GOVERNMENT 205 Since the people of each county select their officials and Great extent since practically all of our state and local laws are adminis- °^ ^°^^^ ^^^^" 1111/^.1 •! 1 r government tered by local officials, our counties nave a great degree of in America. political freedom/ especially as they frequently may enforce state laws or not, as they please. Consequently the Ameri- can people have what is usually considered the most vital form of local self-government in existence. Every county has a supervisory body which makes most The county of the county ordinances and oversees the actions of the other ^^^^'d- officials. The members of the county board may be known as commissioners, supervisors, justices of the peace, or by some other name. They are usually three or five in number, and are elected either from the whole county, from districts into which the county is divided for the purpose, or in some states from the townships. As a board their chief duties are to divide the county into school and road districts and even into townships, to lay out public highways, to construct bridges, to look after the poor, to erect public buildings, and, most important of all, to determine the amount of money needed to do the work of the county and to supervise its expenditure. 187. Other County Officials. — There are ordinarily county judges and jttdges who are in fact state officials (§ 198), although elected shenfEs. by the voters of each county. The decisions of these judges, and of all higher state courts that must be executed within the county, are carried into effect by the sheriff, who, by virtue of this duty and the more general one of maintain- ing peace and order, is the most powerful of the county officials. left to the people of the counties to elect or appoint them. During the late decades of the nineteenth century, however, it was customary for the voters to be consulted in the selection of a county seat and in the division of a county into two or more counties (§ 117). 1 In 191 2 the county of Los Angeles, California, imder a new provision o! the state constitution, adopted the first county charter in the United States. This charter is a very brief instrument, but it modifies considerably the number of county ofl5cials elected by the people. It gives to its voters a very much larger share in the home rule of the county than was ever granted before by the state government. 2o6 THE NEW CIVICS Financial oflScials. Other county oflScials. Government of the New England town. Most of the revenue needed to maintain the government of an American county is derived from the general property tax (§ 154). This is usually assessed by township assessors, but it is paid to county tax collectors. When collected, the tax money is turned over to the treasurer , who divides it among the general fund, the highway fund, the school fund, and various others, in accordance with instructions from the county board. This money is not paid out except upon written order from the auditor, or of the county clerk in some states. The records of the county board, the proceedings of the courts, and other official papers are preserved by the county clerk. When a suit in which the county is interested or a criminal case is being tried in the county courts, the interests of the county are represented by the district attorney or his assistants.^ 188. The American Township. — The essential feature of New England town government is the mass meeting of the voters, held at least once a year in the town hall. At this town meeting the men elect public officers, vote taxes, au- thorize important enterprises, and express approval or dis- approval of the acts of the town officials during the preceding year. The town officials in New England are very numerous, as the town must perform work which in other sections is left to the county. The most important of these are the select- men,'^ who have general oversight of town affairs. 1 Upon the county superintendent of schools devolves the task of visiting schools and regulating the county school system, and often of superintending the distribution of school moneys. The coroner, with the aid of a jury, investigates the causes of violent or mysterious deaths. All deeds, mortgages, and other business papers for whose validity a record is necessary, are copied by the recorder. Many states have county surveyors to look after the public lands, separate overseers of the poor, public administrators who take charge of the estates of persons dying without wills, and other oflficials. 2 The selectmen nvmiber three or nine, and are elected usually for three years, but sometimes for only one. Next to them in authority are the members of the school committee, one third of whom retire each year. As most of the state and local taxes are collected in the towns, the assessors hold very responsible positions. There are town tax collectors, auditors, treasurers, town clerks, and constables, who are elected yearly at town meetings. To the overseers of the poor and to the overseers of the highways are assigned duties performed in most of the states by the county boards and their assistants. COUNTY AND TOWN GOVERNMENT 207 In New York and in two or three of the north central Townships states, town meetings are held for the election of officials, outside of but the duties and powers of these meetings are exceedingly England limited, although the town officials may be numerous and their powers quite extensive. If townships exist at all in the other states, they are usually districts with judicial officers, constables, overseers of the highways, and school boards only.^ 189. The Work of Rural Local Government. — Town and Purely local county ofl&cials have double duties to perform, as they care duties, for all purely local interests of their towns or counties, and, in addition, administer almost all state laws within their boundaries.2 Under the former head come all local im- provements which are not of especial interest to those out- side of their locality, such as the construction of local public buildings, and the laying out of local roads, measures to protect the public health from purely local dangers, and the enforcement of such local ordinances as may be needed. A much greater amount of work is performed in carrying Local admin- into effect state laws. These state laws are usually general istration of and may be modified frequently to meet local needs. The laws. schools furnish a good example of this combined action of the state and the localities ; for, while the state creates a state school system, in the administration of the general state law each locality is able to establish schools that meet the wishes of its people (§§ 242-247). Most laws in regard to crime 1 In most of the newer states these townships coincide in area with the rectangular congressional township. In some parts of the United States, more- over, there are no important political divisions of the counties except the school districts. These may have overseers of the poor and highways, as well as school trustees, and are undeveloped towns in fact, if not in name. 2 It has been the custom to allow each locaUty to administer these general laws in the way that seemed best, without much attempt to obtain uniform results in different counties of a state. Local pride and interest can usually be counted on to estabhsh as good a school system as each community can aflford. Few towns will neglect to preserve order. In many respects, however, the best results cannot be obtained unless the local officials are supervised by state authorities. For example, many states have improved their school systems by withholding state school funds from the localities if they fail to reach a certain minimum of eflficiency. There has been a decided tendency in recent years to increase state supervision of local activities. 208 THE NEW CIVICS and the punishment of crime are made by the state and enforced by local police officers and judges (§§ 138-142). Except for the most serious crimes, offenders are punished in local jails and other institutions. Formerly there were many problems and difficulties in the enforcement of liquor laws or of "local option" laws. National prohibition (§ 260) has replaced all of those regulations. In many states there are laws for the care of the poor, but little effort has thus far been made by the state authorities to administer such laws (§§ 250-254). ' . Legislative powers. Restrictions on powers. The State Legislature 190. The Importance of the Legislature. — Besides the local governments of each state, that is, the city, county, or township governments, each state has a central government made up of the three departments, the legislative, the exec- utive, and the judicial. The legislatures overshadow the rest of our system of state government, since they not only make laws upon all subjects that are not expressly and exclusively granted to the American Congress, or denied by the national or state constitutions to the legislature, but they may also interfere in many ways with the work of the other departments of the state government. All of the general laws under which our local governments and schools are organized, those referring to the state and local courts and procedure in these courts, those dealing with the making and enforcement of contracts, the transfer of property, mar- riage and divorce, with the prevention of the spread of dis- eases, with the incorporation of business houses — all of these form only a part of the vast number under the charge of the legislatures. The whole covers a set of subjects of the first importance not only because they are so numerous, but because all are of such interest to us in our home and business life. We can probably obtain the best idea of the enormous power possessed by the legislatures if we mention the re- THE STATE LEGISLATURE 209 strictions placed upon them (§ 193), but we must not forget that the powers exercised by the legislatures greatly out- number those denied to them. 191. Organization of the State Legislature. — The legis- latures in all American states are composed of two houses, a smaller always called the senate and a larger usually known as the house of representatives or the assembly. As a rule the legislatures meet every second year for a period of sixty or ninety days. The members are paid by the day or re- ceive a definite sum for each session. They have privileges which are the outgrowth of struggles between Parliament and the English king or between the colonial legislature and governor in the eighteenth century.^ In most states members of the senate are elected for a period twice as long as the term of the members of the lower house, one half retiring at a time. The senate usually has the right to confirm or reject appointments made by the governor. It usually sits as a court to try officials who have been impeached by the lower house. The lower house in some states has the exclusive right to propose bills for the raising of revenue. 192. The Process of Lawmaking. — As a rule, the state constitutions prescribe the steps to be followed in making laws. First of all, a hill, as it is called, is introduced in one of the houses of the legislature by some member. The char- acter of the bill is indicated by its title, which must not in- clude more than one subject. After the clerk has read the bill either in full or by the title, it is usually sent to the com- mittee having charge of all subjects similar to those of which the bill treats — in technical language, the bill is committed. If the committee does not see fit to bring into the house a report upon it, it is said to have been *' killed in com- mittee." If fortunate enough to escape this fate, it is reported, read a second and third time, and possibly debated or amended. Finally it may be brought to a vote, and if 1 They are also subject to certain disabilities, e.g. they may not be ap- pointed to a lucrative position created during their term of office. Houses and Privileges of the legis- lators. Terms and special pow- ers of each house. In the houses. 2IO THE NEW CIVICS The governor. Older forms of limitation. Limitation by the use of the state- wide initia- tive and ref- erendum. General de- fects of our state legis- latures. favored by the majority required by the state constitution • — usually one half of those elected to the house — it is signed by the presiding officer and sent to the other house. Again it must go through the three readings on three separate days, and, if approved, is sent to the governor. The governor has from ten to thirty days to decide whether he will sign the bill. If it is objectionable to him, he returns it to the house in which it originated with his reasons for vetoing it.^ If, however, in spite of his veto, a large majority in each house still wish the bill to become a law, it is " passed over the veto " and becomes a law without the governor's signature. 193. Limitations on the Legislature. — Since the Rev- olutionary War the power of the legislatures has been re- duced greatly by different provisions of the state constitu- tions. Some of these have been prohibitions on the legis- latui'es, for example, hills of rights which protect individuals, or enumerate topics on which the making of laws is prohibited. The authority of the legislature has been limited also by the enumeration of long lists of subjects on which it cannot make local or special laws. On these subjects only general laws are permitted, because of abuses which occurred when a law applied to one person, a single locality, or one corporation. Within recent years the power of the legislature — the- oretically in nearly half the states and actually in several of them, especially Oregon — has been reduced by the adop- tion of the initiative and the referendum (§§ 1 16-120). 194. Observations on the State Legislature. — In spite of the very great importance of the work done by the state legislature, it impresses many critics as one of the least suc- cessful features of our political system. It has been shorn of its power until there has been difficulty in securing the 1 The governor has no veto in North Carolina. The veto of the governor is unlike that of the President (§ 232) in that the governors in more than one half of the states may veto particular items in appropriation bills, thus making it unnecessary to leave the state without revenues because of some xmdesirable appropriation or objectionable "rider." THE STATE LEGISLATURE 211 best men as legislators. This in turn has intensified the distrust with which the people have viewed the legislature and its powers. Undoubtedly lobbying and the pernicious activity of politicians, corporations, and other people who could not honestly be called disinterested, have interfered with the regular work of the legislature and given it a bad repu- tation. In its attempt to reduce the length of the legislative ses- The exces- sions, the public has aggravated another evil of the legisla- Q^hasT^^e*^ ture, that of making too many laws.^ Shortening sessions isiation. has not diminished the excessive number of laws which our legislatures have passed, but it has limited the time which could be given to the consideration of each law. Conse- quently we have added badly constructed and hastily adopted laws to a defect common in all democracies, that of too much legislation. Remedies for these evils and for conditions almost as Remedies in serious are not to be found in the adoption of a new con- p^^^^ 5!^"^ . , ^ . f. . and public stitutional amendment or m the enactment of a few wise education, laws. We must go deeper and, if necessary, define more exactly the work of the legislature ; we must use more care in the selection of our legislators; we must recognize the right of any state official to our trust and confidence until he has proved unworthy; we must seek to form an educated public opinion which will tolerate only first class men, wise laws, sane legislation, and a well organized system of state government. State Administration and Courts 195. The State Governor. — The enforcement of state law Local and is intrusted to certain persons connected with the state gov- ^^gfj-^ti^'n ernment or to the ofiicials of the cities, towns, and counties of state law. 1 It is said that, within a period of five years, more than 6o,ooo laws were passed by our state legislatures, go per cent of which dealt with business. Dur- ing a period twice as long Great Britain and her colonies passed only i8oo. Even then the latter number was many times as large as the total number of laws passed by England during several centuries of Anglo-Saxon rule. 212 THE NEW CIVICS of the state. As most of the laws are carried out by local officers, comparatively few duties are left to the governor, the secretary of state, and other state officials, who are mainly occupied with routine work. The governor is by far the most prominent and powerful executive official of the state. Around his election centers Executive Office. Importance of the governor. the chief interest in state politics. He is usually chosen for a term of two or four years. More than any other one per- son, he determines what the policy of the state government shall be, and he receives the praise for success and bears the blame for mismanagement in the different executive departments. The governor is able to control the actions of only a few state administrative officials and practically no local ad- ministrative officers, for few of the state officials are ap- THE STATE GOVERNOR 213 pointed and removable by the governor and therefore re- sponsible to him. At the present time, however, there is a very strong movement to concentrate more power in the hands of the governor, giving him more control not only over his colleagues but over some local administrative olSicials who administer distinctively state laws. Administra- tive control of the governor. Pennsylvania State Capitol. © wmtam H. Ran. Phila/UlpUa- 196. Powers of the Governor. — Although the executive General power of the state government is divided between the gov- ^^^^^^^^_ ernor, the governor's colleagues,^ other administrative istrative officials who are elected at the same time or appointed by powers. 1 The governor's colleagues who are elected by the people include a lieutenant governor in about three fourths of the states, a secretary of state, financial oflScials, especially a controller or auditor, and an attorney -general. In addition, many of the states elect a large number of ofl&cials who in commonwealths with more centraUzed governments are now appointed. These may include treas- urers, superintendents of public works and public instruction, surveyor-generals, public printers, and others. 214 THE NEW CIVICS Legislative powers of the governor. Superin- tendents, commissions, and boards. Centralized and decen- tralized systems. some higher ofl&cial, and administrative boards or com- missions of which there are often a great number, the gov- ernor retains a much larger share than any other official or group. Offices to which he may make appointments, usually with the consent of the senate, are both numerous and valuable, and his power of removal while not great is con- stantly increasing. He often has one judicial power, that of granting pardons. Ordinarily he is the commander-in-chief of the state military forces, the militia. In time of crises this miUtary power adds greatly to his civil authority in enforcing state laws. The governor's most important powers, possibly, are those relating to the legislature and to legislation. He may send messages to the legislature and has the power to call special sessions of that body. His right to veto bills is un- doubtedly his most valuable legislative power. Only one of the states does not allow its governor to veto bills. 197. Organization of the State Administration. — Our state governments have numerous duties to perform in overseeing the administration of state law. At the head of the school systems of the states are state superintendents and state boards of education. The regulation of the rail- ways within any state is intrusted to a state railway com- mission, or a state public utility commission (§ 288). State boards of health and of charity, state labor bureaus, and many others constitute separate departments which aid in ad- ministering state laws.^ In several states the general oversight of the administra- tion of the poor laws and the penal laws is intrusted to a single 'state board of charities and correction. Much more frequently the states have separate boards of charity, prison boards, commissions for the insane and others. Each of these distinct commissions has but a single set of duties, 1 As a rule, the boards in charge of these administrative departments are appointed by the governor of the state for terms of several years. Many of the boards are bipartisan ; that is, composed of an equal number of members from each of the two great political parties. In a few states, some of the boards are elected from districts. THE STATE COURTS 215 and it usually makes no effort to work in harmony with the other hoards which have charitable or corrective work. Many states have recently combined not only many commissions into a single department of charities and corrections, but they have united other separate boards if their duties are alike. 198. The State Courts. — Our state and local govern- state and ments perform many more tasks than does the national national government, and these duties bring them into close touch with the citizen in his everyday life. Because of this fact, almost all civil and criminal suits brought for trial in the United States are tried in state courts, rather than in those of the nation. Not only are these suits begun in state tri- bunals, but, if they do not involve points of national law, the decision of the highest state courts to which the case may be carried is final, for the case may not be appealed to any other court whatsoever. At the apex of every state judicial system is a single court. Different to which all important cases may be appealed for final decision, state This highest court has, as a rule, no original jurisdiction ; that is, it considers only those cases tried first in a lower court.^ Below the highest court, each state is divided into a suitable number of circuits or districts over each of which presides a court, called a circuit or district court as the case may be. These courts may have original jurisdiction in important suits, but most of their time is spent in trying ap- peal cases, which come from those next lower, the county courts. The judges of these courts are in one sense county officials, because they are elected by the voters of the coun- ties, although the cases tried before them involve state laws 1 Some of the states call the highest court the Court of Appeals, and have in addition another court for the whole state, which is known as the Supreme Court; but some of them have only one court for the entire state, the name Supreme being usually applied to this. The number of judges in these courts is usually three, five, or seven, and they are ordinarily chosen for a long term of years by the voters of the entire state. Occasionally they are elected by the voters of districts equal in number to the number of the judges, but in six states they are appointed by the gover- nors, and in five by the legislatures. 2l6 THE NEW CIVICS Judges and sessions. more frequently than local laws. The base of the judicial pyramid is formed by the country justices of the peace, or by the city courts, criminal and civil, whose jurisdiction is of necessity wholly original and confined to minor cases or those involving local laws. Except in a few of the Eastern states, these judges are elected by the voters of the section within which the court has jurisdiction, and, with a few notable exceptions, elec- tions are held at least every four years. As the business of the inferior state courts is more voluminous than important, each judge holds court separately, whereas in the higher courts all the judges constituting the court usually sit to- gether for the trial of cases.^ Fundamental Laws and Sphere of Activity 199. Sphere of State Action. — It is difficult to realize the variety of activities left to the states, that is, to the state " and Powers di- rectly or in ded^d^to the People of the states governed through their states. local governments. We may get some conception of the ex- tent of their power if we notice what powers are denied to the states directly or indirectly. All powers granted to the national government alone are indirectly denied to the states.^ In addition the United States Constitution enumerates many powers which the states may not assume.^ 1 That all of these judges are really state officers, even when elected by the locaUties, may be shown by the statement that they are removable in most of the states by the legislatures, either through impeachment or by a majority vote of both houses. *The United States Constitution enumerates the powers granted to the na- tional government, such as the right to levy taxes, declare war and make peace, provide an army and a navy, arrange treaties, regulate foreign and interstate commerce, coin money, and govern national territory ; and the same Constitu- tion mentions which of these powers and what others are especiahy forbidden to the states. ' No state can engage in war or raise an army unless actually invaded, nor collect duties upon imported goods except for the national treasviry, nor make any treaty. The states may not coin money, issue paper money, "make any- thing but gold or silver a tender payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility." Fiurthermore, no state may establish a system of slavery, "make or enforce any law which shall abridge the privileges or immunities of citizens SPHERE OF STATE ACTIVITY 217 Unless, however, a power is granted to the United States government exclusively, or denied to the states in explicit language, it may be exercised by any state as it sees fit. This very broad sphere of state activity we shall consider under the three following heads: (i) a summary of the classes of duties performed by the states ; (2) the unifoormity and diversity in legislation and administration among the different states on the subjects left to their control; and (3) the constitutions under which these powers are actively exercised. 200. Classes of Duties performed by the States. — We may consider briefly five important classes of duties performed by our states. (I) The first of these deals with state and local government, subject to the limitation of the national Constitution that the governments shall be repub- lican in character. The states create such " state " and local governments as they please under such constitutions as they wish, provided the constitution does not seek to exercise any of the powers which are forbidden. In addition the people of the states also decide who shall be voters, that is, who may take part in the work of governing either state or nation. 1 (II) Individual rights are protected from government officials far more by our state constitutions than by our national Constitution, because the rights with which the officials are likely to interfere are rights which we have under the state governments. (III) The states have practically entire charge in making all laws dealing with our personal relations with one another, the laws dealing with property, and the laws under which almost all of our business is done, including the organization of corporations (§ 277). The legal relations of husband to Powers left to the states Duties deal- ing with state and local govern ment. Constitu- tional rights of the indi- vidual. Vast scope of the private laws of the state. of the United States ; nor shall any state deprive any person of Uf e, Uberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." No state is allowed to abridge the right of citizens of the United States to vote on account of race, color, or previous condition of servitude. ^ Theoretically, this power is limited by the fifteenth amendment. 2l8 THE NEW CIVICS Work of the state courts. Administra- tive work of the states; Why there should not be great diver- sity in laws in different states. wife, of parent to child, of employer to employee, of prin- cipal to agent are determined by the states and not by the national government. For example, all our marriage and divorce laws, laws relating to labor, any law dealing with contracts which one person makes with another are state laws. Our right to hold real or personal property, to buy or sell anything, or to inherit a bequest is exercised under state laws. (IV) The enumeration of individual rights in the state constitution and the making of the laws just mentioned necessarily involves some means of protecting those in- dividuals whose rights under the constitutions or laws have been infringed by other persons. Our system of state courts seeks to protect any one who has been injured by another, in order that the innocent and defenseless may not suffer at the hands of the powerful and unscrupulous. ^ (V) The administrative work done by our states chiefly through the local governments is of almost infinite variety. One needs but to mention education (§§ 242-247), health (§§ 255-259), streets, public buildings, and other public improvements to give some idea of the scope of this work. 201. Uniformity and Diversity in State Legislation. — Since the states, not necessarily the state governments, have the power to make such laws as they please in relation to the subjects which we have just considered, it is quite in- teresting to know whether the laws of the various states are very much alike. If the states have a dozen different kinds of laws regulating the making and enforcement of contracts, persons in different states cannot do business with one another. Nowadays we feel that these laws not only should be, but must be, more- or less similar, for no * As comparatively few crimes are committed in violation of national laws, practically all criminals are tried by state courts and punished in state institu- tions because they break laws which have been passed by the state legislatures for the protection of the rights and property of citizens. As most cases tried in a state court may not be appealed to a national court unless they involve na- tional law, which comparatively few cases do, the administration of justice in all those matters which concern us most closely is a phase of state activity. SPHERE OF STATE ACTIVITY 219 state is willing to depend upon its own people for all that it needs. We believe that state boundaries ought not to be division lines between radically dij^erent systems of law. In- terstate trade or interstate travel is no longer a thing of rare occasion, but an everyday affair, and the need of uniformity in all of the great principles of state law is becoming con- stantly greater. The degree of uniformity in state laws is much more marked Uniformity in than the diversity, because the differences are ordinarily in general prm- DETAiLS, while the general principles of state law are every- state law. where much the same. As President Woodrow Wilson says: *' We feel the conflicts because we suffer under their vexations ; while we fail to realize and appreciate the uniformities, because they are normal, and have come to seem matters of course." Variations in state laws upon important subjects, how- Unfortunate ever, are quite numerous and often objectionable. An illus- diversity in tration of the difficulties of governing and the problems of coMrof and proper control which are due to a lack of uniform legislation divorce law. is furnished in connection with corporations (§§ 274-278). Another example of trouble caused by differences of state legislation arises in connection with divorce (§§ 82, ^t,). Various methods have been tried in order to secure more Means of se- uniform legislation. In many cases conferences such as the curing annual meetings of state executives called the " House of uniformity. Governors " have been held in order to agree upon desirable legislation or improved uniform methods of administration. Most important of all is the work of the Commission of Uniform Laws, recommending to their states the adoption of laws, forms, and methods which should be as nearly uni- form as possible in all of the states. 202. The Character of a State Constitution. — The Relation to nature of the government in any state and the extent to ^^ ^^^ °^ which it makes use of any powers in the state sphere of ac- tivities depends upon its state constitution. A state constitution is the fundamental law which the people of the state have arranged for their government and pro- 220 THE NEW CIVICS Relation to the Consti- tution of the United States. Ways of changing a constitu- tion. Proposing constitutional amendments or general revision of a state consti- tution. tection. Unless they have overstepped the limit of the sphere of activity left to the state by the people of the whole United States, their constitution can be modified only by themselves. But if any article of a state constitution is con- trary to the Constitution of the United States, it must be re- vised, because the national " Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the au- thority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the con- trary notwithstanding." On the other hand, a law made by the state legislature which conflicts with the state constitution will be set aside by the courts as unconstitutional and void. The state con- stitutions can therefore be changed only by the people of the states, acting directly and through special representa- tives, except upon those rare occasions when an amendment to the United States Constitution affects the constitution of the state.^ 203. The Adoption and Amendment of a State Constitu- tion. — Each state constitution contains definite provisions for general revision or for specific amendment. Ordinarily the calling of a new constitutional convention or the pro- posal of a constitutional amendment is left with the legis- lature, but a few states have provided in their constitutions that constitutional conventions may be held at regular intervals varying from seven to twenty years. Some other states permit the proposal of constitutional amendments through the initiative (§ 116).^ In the legislatures a majority, usually two thirds, is re- 1 For the same reason, the constitution of a state might be amended by the adoption of an amendment to the national Constitution which the state did not ratify. 2 During recent years there has been a pronounced movement toward the reorganization of state administration and the improvement of state constitu- tions. The National Municipal League has had protracted conferences in an attempt to prepare a model state constitution. STATE CONSTITUTIONS 221 quired in each house before an amendment is presented to Adoption the people for ratification or before the people vote upon the ^^4 ^^^^^' ^ ■, f. r . . 1 ^ 5 T - cation of a holdmg of a new constitutional convention. In some of constitu- the older states, however, amendments are proposed in one tional legislature and may not be submitted to the voters until ^^^^ ^^^^' they have been approved by a second legislature at least a year later. In any case the ratification or rejection of an amendment or a new constitution is always decided by the • voters at the polls. 204. The Contents of Our State Constitution. — UnUke Need of con- our national Constitution, which is general and brief, prac- ^^^^^\ . „ n r T • • • f 11 amendment. tically all of the constitutions m the states are long and overburdened with numerous provisions. So detailed are many of these articles, and so unimportant are the subjects treated, that continual amendment is necessary in order that the constitution may meet in any degree the real needs of the people. In every constitution, of course, there is a Bill of Rights- Bills of which states some general principles of liberty and gov- "^^^^ ^^^ ernment and specifies those individual rights which shall not government. be disturbed by any state or local government or official. Necessarily there is a frame of government, which describes the composition and powers of the legislative, executive, and judicial branches of the state government and possibly of the local government. Equally necessary are the provisions for amendment or general revision of the constitution and for suffrage. ^ ^ In addition to these provisions which are truly constitu- Miscellane- tional there are elaborate statutes dealing less with the ousprovi- principles than with details of such subjects as education, corporations, taxation, public lands, public institutions, property, and several others of a hundred different possible topics. These statutes have made the newer constitutions almost like codes or summaries of statutes, which must, of course, be revised much more frequently than would be necessary for true constitutions. 222 THE NEW CIVICS General References Ashley, The American Federal State (rev. ed.), 344-402. Hart, Actual Government, 1 13-179. ♦ Beard, American Government and Politics, 428-577, 638-655. Bryce, Tlie American Commonwealth, 4tli ed., I, 411-679. Beard, Readings in American Government and Politics, 391-508, 556- 566. Dealey, Our State Constitutions. Annals of the American Academy, ^^ County Government," May, 19 13. Reinsch, Readings on American State Government. Holcombe, State Government in the United States. The American State Series : Finley and Sanderson, The American Executive and Executive Methods. Reinsch, American Legislatures and Legislative Methods, Baldwin, The American Judiciary. Fairlie, Local Government in Towns, Counties, and Villages. Topics The New England Town: Channing, Town and County Govern- ment in the Colonies, Johns Hopkins University Studies, II, 459-474; De Tocqueville, Democracy in America, 1, 74-86 ; Howard, Local Con- stitutional History, 62-99. The Defects of Our State Legislatures : Bryce, The American Commonwealth, abridged ed., 371-386; Roosevelt, "Phases of State Legislation," in Century, 29 (1885), 820-831 ; Lowell, F. C, "Legislative Shortcomings," in Atlantic Monthly, 79 (1897), 366-377; Reinsch, American Legislatures, 228-274. Studies 1. County home rule in California. Works, L. R., in Annals of the American Academy, 47 (1913), 229-236. 2. Charity work in a Pennsylvania county. Harris, E. F., in Annals of the American Academy, 47 (1913), 166-181. 3. Progress of lawmaking in states. Shaw, W. B., in Review of Re- views, 48 (1913), 84-90. 4. American legislation in recent years. Stimson, - Popular Law- Making, 11 7-1 23. 5. Legislative committees. Reinsch, American Legislatures, i^g-iSi. 6. Public forces influencing legislative action. Reinsch, ^wmca« Legislatures, 275-298. , 7. The legislative product. Reinsch, American Legislatures, 299-330. 8. The governor and the legislature. Finley and Sanderson, Ameri- can Executive and Executive Methods, 57-82. STATE AND COUNTY GOVERNMENT 223 9. Appointment, tenure of office, and compensation of judges. Bald- win, The American Judiciary, 311-343. 10. Right of the courts to interpret and set aside laws. Baldwin, The American Judiciary, 81-97. 11. Methods of selecting and retiring judges. Kales, A. M., in Annals of the American Academy, 52 (1914), 1-12. 12. Uniform legislation in the United States. Smith, W. G., in Annals of the American Academy, 52 (1914), 67-76. 13. The bench and the bar in America. Bryce, The American Com- monwealth, II, Chaps. 67, 68. Questions 1 . How many counties are there in this state ? How do they compare in area and population? In what county do we live? What is its area? its population by the last census ? What is the county seat? Is it centrally located? Is it the largest city in the county? 2. What name is given to our county board? How many members are there on it? Are they chosen in towns, in districts, or from the whole county? Name their principal powers. 3. What is the term of the elected county officials? Are all chosen at the same time? Are any county officials appointed by the state government ? 4. What is the main political subdivision of this county called? How many are there in the county? Are they public corporations? What officers has each? Do they ever hold meetings of all of the voters within the district ? If so, when and for what purpose ? 5. How many senators are there in the legislature of this state? how many representatives? For what terms are they elected? What salary does each member receive? Is the senate a "continuous" body? If so, what proportion of the members retires at a time? (State con- stitution.) 6. When are state elections held ? When and how often does the legislature meet ? What percentage of members in the legislature are necessary to pass a bill over the governor's veto ? Who is the governor of this state ? Who are our representatives in the legislature ? To what political party does each belong ? 7. Give the term and salary of our governor. Has he the right to veto specific items in appropriation bills? What other elected state executive officials have we besides the governor? 8. Are the administrative departments centralized to any extent? 9. Give the names of the different courts in this state. How many judges are there in each court ? Give the term of office of each class of judges. CHAPTER XII THE NATIONAL CONSTITUTION Historical Development Reasons for early unions. Stamp Act Congress. First Conti- nental Con- gress and the American Association. 205. Early American Unions. — Before the adoption of the first regular confederation among the states in 1781, several small or temporary unions had been attempted.^ At first these were due to the need of concerted action against the French or the Indian tribes. The later unions were organized because the colonists wished to make common cause against the mother country. In 1765, when the English parliament passed the Stamp Act, nine of the colonies sent delegates to a Stamp Act Con- gress in New York. This congress drew up a declaration stating that they could legally be taxed only by their own legislatures. The first real union of the colonies grew out of the inter- colonial Committees of Correspondence and the town com- mittees associated with them in an organization known as the American Association. The Association was practically a national organization, because it included most towns and counties in the revolting colonies. It was formed in order to carry on the work of the First Continental Congress, which met in Philadelphia in 1774. This Congress maintained that 1 The earUest of these was the New England Confederation, organized in 1643 by the four little New England colonies of Massachusetts Bay, New Plym- outh, Connecticut, and New Haven. The central government was nothing more than an advisory board composed of two commissioners from each colony, who had little authority. Actually the Confederation lasted only about ten years. In 1754, just before the last war with France, a congress of the colonies was held at Albany, New York. At that time Benjamin Franklin proposed the Albany plan of military imion, which provided for a president-general ap- pointed by the English king and a grand marshal selected by the colonies. It was discussed a little, but was never considered seriously. 224 DEVELOPMENT OF THE CONSTITUTION 225 the colonies were *' entitled to a free and exclusive power of legislation in their several provincial legislatures." The earliest congress to represent a real union of the Great American people was the Second Continental Congress, which authority , r 11 A . • . , . . exercised by looked after all common American interests in the stirring the Second years from 1775 to 1781. This congress was executive and Continental legislature in one. It organized an army and a navy, regu- lated commerce, sent representatives to France and other countries, issued paper money, advised the colonies to form independent state governments, declared the united colonies free and independent of Great Britain, and proposed to the states the Articles of Confederation, by which their union was legalized. At no time, however, did it possess any legal authority for the powers of sovereignty which it actually exercised. 206. The Confederation. — When the American colonies Three steps declared their independence of Great Britain, they also ap- J^^^I^J^^^f pointed a congressional committee , composed of one delegate Confedera- from each state, to draw up articles of union. These articles tion. were discussed for more than a year and were adopted by Congress in 1777. They were not ratified by all of the states until 1781.^ This Confederation provided for a firm league of friend- Character ship among the several states, each of which claimed to re- ^^5 ^^^^J^l . ,, . . , , 1-1 1 ,, -r zationofthe tain its sovereignty, freedom, and independence. It pro- Confeder- vided for an interstate citizenship, which was of real value ^tion. in bringing the people together. The government consisted of a congress of from two to seven delegates from each state, each state having one vote. In theory. Congress controlled all matters of common Powers of interest, such as making war or treaties, creating an army Congress. and a navy, regulating the value of coin, arranging treaties with the Indians, and settling interstate disputes regarding 1 Most of the states gave their consent without delay, but Maryland refused to sign the Articles xintil her neighbor Virginia gave up her claims to that vast region in the West which she had considered a part of her domain. For this reason, it took from 1776 to 1781 to form the first constitutional imion of the states. Q 226 THE NEW CIVICS One funda- mental and four specific defects. Importance of the Con- federation. Beginnings of the con- stitutional convention. land claims. Scarcely any important law, however, could be passed without the consent of nine states. To pay its expenses, it had authority to borrow money or issue bills of credit, but most of the revenue was to be obtained directly from the states, each contributing the amount which Con- gress thought just. In practice Congress was left at the mercy of the states. This was due to the great fundamental defect of the Con- federation, namely that it was based upon state sovereignty. It was due also to four more important specific defects. These were (i) the failure of Congress to provide revenue for expenses, (2) the lack of effective authority to enforce laws, (3) the inability to regulate interstate and foreign commerce, and (4) the impossibility of remedying these defects because no amendment could be passed except by a unanimous vote of the states. If we compare the Congress of the Confederation with the Second Continental Congress, the latter seems more com- plete, but when we consider that the Continental Congress was exercising war powers without any direct legal authority — powers that in time of peace might disappear entirely — we can realize perhaps that the Confederation was a more perfect union than the one existing in 1776. 207. The Constitutional Convention. — The need of amendment for the Articles of Confederation led first to the Annapolis Conference for the purpose of granting more authority over interstate commerce, and in 1787 to a con- stitutional convention held at Philadelphia. The convention was called solely for the purpose of revising the Articles of Confederation, and without any idea of making a new national constitution. The leaders in the convention, how- ever, realized fully that a constitution based upon state sovereignty could never be satisfactory. They therefore proposed at the outset to abandon state sovereignty as the basis of a new union. Their foresight, wisdom, and courage in taking this important step has not been questioned by any succeeding generation. DEVELOPMENT OF THE CONSTITUTION 227 At the beginning of its sessions, the convention took under advisement a plan for a type of national government entirely different from that of the Confederation. This " Virginia plan," drafted largely by James Madison, favOred a Congress of two houses, the members of the lower house to be chosen by the people, and those of the upper house to be chosen by the lower from candidates nominated by the state legisla- tures. This Congress was to have very broad legislative power. The Virginia plan also provided for an executive department and a national judiciary} 208. Work of the Convention. — With little opposition the plan for a Congress of two houses was adopted. At once a dispute arose between the large states, which wished to have the membership in both houses depend on popula- tion, and the small states, which insisted that one or both houses should be like the Congress of the Confederation, in which each state had one vote. A bitter debate followed. It was settled by the first great compromise, known as the Connecticut Compromise. In the lower house representation was to be according to population, while the Senate was to be composed of two senators from each state, each of whom had a vote of his own.^ The question at once arose. How should people be counted for representation in the lower house of Congress and for the levying of direct taxes, which was also to be " according to population " ? The southern delegates did not wish to count the negroes when direct taxes were paid, but they did wish them to be enumerated when representa- tives were appointed. As the North wanted the opposite in both cases, a compromise was reached by which five negroes were counted as three whites when reckoning population for either direct taxes or representation. Proposed or- ganization of the new gov- ernment. Compromise over repre- sentation in Congress. The three- fifths com- promise. ^ The opponents of the Virginia plan suggested a set of revised Articles of Confederation which are known as the "New Jersey plan." This provided for a Congress of one house, with slightly enlarged powers, and for a separate execu- tive and a system of national courts. 2 As a concession to the larger states the House of Representatives was al- lowed to have the exclusive right to introduce measures for the raising of revenue. 228 THE NEW CIVICS Commercial compromise. Amendment of the Con- stitution. The con- vention closes its sessions. Federalists and Anti- Federalists. North and South clashed again over the question of navi- gation acts and the slave trade. In the third and last com- promise the South agreed to allow the passage of navigation acts by an ordinary majority in each house of Congress, on condition, first, that the importation of slaves should not be prohibited prior to 1808, and secondly, that exports should never be taxed.^ In order that the Constitution might be changed when absolutely necessary, provision was made that amendments might be proposed by two thirds of each house of Congress or by a convention called at the request of two thirds of the States. If ratified by the legislatures or conventions in three fourths of the States, these amendments were to be added to the Constitution. 209. Adoption of the Constitution. — When its sessions had lasted from May to September, the convention agreed upon the Constitution as we have it now, without the amend- ments. Since it had been impossible to revise the Articles of Confederation except by unanimous vote, the convention agreed that the Constitution should go into effect between the ratifying states as soon as it had been accepted by state conventions in nine states. In order to secure the adoption of the Constitution, mem- bers of the convention and their friends organized themselves into a party known as the Federalists. Their opponents, who probably had the support of the rank and file of the people in most of the states, were known as the Anti-Federal- ists. It was evident at once that the small states had been pacified by the Connecticut Compromise. Practically all of them ratified the Constitution with little delay, and in some cases by unanimous votes. In three of the larger states, Massachusetts, Virginia, and New York, ratification was dis- puted seriously but was finally secured.^ 1 The latter was considered ii^ the South an important concession because southern exports were the most important source of wealth in that section. 2 Two states, North Carolina and Rhode Island, did not ratify at this time. The former entered the Union in November, 1789, and the latter in May, 1790. THE CONSTITUTIONAL AMENDMENTS 229 The Constitutional Amendments 210. Need of Amendment. — It was neither possible nor Social and desirable that our Constitution or national government industrial should remain unchanged during more than a century which since 1787. has brought us a great expansion of territory, population, and national resources, and little less than a revolution in the means of transportation, in methods of doing business, and in the national feeling of the people. As a matter of fact, during the debates of the Philadelphia Convention, one of the delegates went so far as to assert boldly that no one expected the Constitution they were then framing would be in use a century later. Yet so well did " the Fathers "do their work that to-day the Constitution of 1787, with only seventeen amendments, is still the foundation of our federal Union and of our national government. We must not suppose, however, that the Constitution is Character really the same now as then. Its form is almost identical °^ consti- with that of a hundred years ago, but its spirit has been changes, modified greatly. In 1790 the people were much more attached to their state governments than they were to that of the nation. In consequence, the national government was not allowed to do many things that we consider perfectly proper, although nominally Congress had almost as much power then as now. This simply means that many of the chief changes in the Constitution since 1787 have not been made by constitutional amendments added to that document, but by a more liberal construction of the powers granted to the national government in the original Constitution. How the powers of the national government have been enlarged by a free interpretation of the Constitution and by usage, will be explained briefly after examining the seventeen regular amendments. 211. The National Bill of Rights. — The first ten amend- The first ments, proposed by Congress in 1789 and adopted before eight amend- 1 791, provided a Bill of Rights. We may mention three classes of these rights : (i) those which prohibit Congress from 230 THE NEW CIVICS Ninth and tenth amend- ments. Twelfth amendment. Need of con- stitutional amendments after the CivU War. National citizenship ; the right to vote. restricting ordinary individual rights, such as religious liberty, freedom of speech and of the press, the right to petition the government, and the right to bear arms. (2) Amendments five (§126) to eight give accused persons the right of a speedy jury trial with every opportunity to prove their innocence. We should notice particularly that no one of these ten amend- ments attempted to prohibit the states from doing these things, for they are restrictions on the national government only. (3) The ninth and tenth amendments provide in gen- eral terms that the people shall have all rights and the states all powers which have not been expressly conferred by the Constitution on the national government or prohibited by it expressly to the people or the states. According to the eleventh amendment no state could be sued by a citizen of another state or a foreign country without its own consent. The twelfth amendment changed slightly the method of electing the President. It provides that there shall be separate presidential electors for President and Vice-President, whereas the original document allowed each elector to cast two votes for President. 212. The War Amendments. — Because the unwritten constitution had been developed to some extent before the Civil War, no additional amendments were adopted until 1865. At the close of that great struggle, however, it was necessary to specify in the Constitution the exact status of the negroes. By the thirteenth amendment slavery was pro- hibited throughout the United States. The fourteenth amendment made the negroes citizens and cleared up disputes in regard to national citizenship in this phrase, " All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." ^ ^ In addition the fourteenth amendment prohibited the states from abridg- ing the privileges and immunities of citizens of the United States and declared still further that no state may "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." THE CONSTITUTIONAL AMENDMENTS 231 The fifteenth amendment aimed to grant the ballot to negroes on exactly the same terms as whites.^ 213. Recent Amendments. — Another long interval elapsed before any more amendments were added to the Constitution. In 191 3, however, a sixteenth amendment was adopted, which permitted Congress to levy an income tax. Three months 5,^. r«.. m. Sirlj-liMl «o»jrf$s of {\t Sniltli Stilts of gmtrita; at the ^ir»t JOINT KESOLtmON t CniMiUlim o( Ibt 1 0/ AmeriM » Catfrtm oMmMM (lwo-th,rd, of mil H:mu c^mcurn., UminJ. TbU the lollowinx •tlcU U prnpawi u •» •mrndxwnt to th. ConUiUlioii of the Unitrd Slain, vhicli. whrn ntilini by Ihr IrinsUuirn of thrw-lootth. o( the •rtm\ Suilf., doll br ..liil to til hiteiili and purposf. ai a put ol Ihr Cooatitutioti "Amcu XVI The CongTMB ihall have power to Uy and collert laiet 00 UKontes, fiom whatever anorrr derived, without apportiooment among Ihe aeveeal Sutea, and wilhonl lejjard lu any census or enumeration." J^(^^^^:^y*^^ later the seventeenth amendment was adopt- ed. This changed the method of electing United States senators. Popular election was substituted for election by legislatures. In 1920 the eighteenth amend- ment provided for na- tional prohibition. Undoubtedly to-day the process of amend- ing the Constitution is too difficult. While it is true that the Consti- tution is continually being adapted to mod- ern needs through changes in the unwrit- ten constitution, it is necessary in some cases that the written Constitution itself be modified, as is proved by these recent amendments. That the small num- ber of actual changes in the written Constitution has been due to the difficulty of amendment rather than to lack of popular desire for change is shown by the fact that ^ "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color or pre- vious condition of servitude." .toe-. mrlfj The Sixteenth Amendment. Sixteenth and seven- teenth amendments (1913). Practical difficulty of securing con- stitutional amendments. 232 THE NEW CIVICS nearly two thousand amendments have been proposed in Congress.^ Definition of the unwritten constitution. Important character- istics of the unwritten constitution. The Written and Unwritten Constitutions 214. What the Unwritten Constitution is Like. — As the written Constitution is brief and does not go into detail, it is modified and supplemented in a great many respects by statutes and customs dealing with important principles of government, and by the interpretation of the written Con- stitution by public officials, particularly through the courts. We may say, therefore, that the unwritten Constitution in- cludes all of the statutes, judicial decisions, and usages which increase the powers of the central government as defined in the Constitution, which alter the methods proposed by the Constitution, or which modify the relations existing between the nation and the states. The most important features of the unwritten constitu- tion may be stated as follows, (i) The whole body of law and custom supplementing the Constitution has greatly broadened that instrument and expanded the powers exercised under it. (2) New powers which are not forbidden by the Constitution and do not interfere with the work of the states have been assumed and exercised by our national government without express authority of the written Constitution. (3) The national government has become essentially a democratic gov- ernment^ with its principal ofiicials selected by the people of the nation and its departments directly responsible to the popular will. This change has been accomplished al- most solely by alterations in the state laws regarding suf- frage. (4) The unwritten constitution determines the real nature of our federal system of government^ since it de- fines the spheres of activities of the state and nation and 1 Our system of amendment is not only too difficult and cumbersome but its fairness is only apparent. It might be possible, through the cooperation of the less populous states, to defeat an amendment by the vote of one fifteenth of the American people and to pass an amendment by the vote of states whose population contained less than one half of the people of the whole coimtry. WRITTEN AND UNWRITTEN CONSTITUTIONS 233 shows the working relations of the two sets of govern- ments. (5) Secession from the union is not possible^ although the subject is not mentioned in the written Constitution. In the following sections we shall compare some provisions of the written Constitution with similar subjects in the un- written constitution. 215. Powers of Congress. — According to the written Original Constitution, Congress has power to levy different kinds of Ppw^''^ ^^ taxes, to borrow money, and to regulate foreign and inter- state commerce. It cares for many foreign relations of the United States, has the right to declare war, and to raise an army and a navy. It may coin money, make rules for naturahzation, and perform other acts permitted by the Constitution. In order that it might not be hampered by too narrow an interpretation of its powers, it has the right, granted in the '' elastic clause," ^ " to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Con- stitution in the government of the United States, or in any department or officer thereof." The " elastic clause " has enabled Congress to make, upon Enlargement subjects not directly mentioned in the Constitution, laws ?^ ^^^ °"^" 1-11 1 T 1 1 • r 1 • ^^^^ powers which have added greatly to the authority of the national of Congress, government. The creation of the national bank in 1791 was the first good example of this extension, or of *' loose con- struction " of the Constitution. The embargoes (1807-1811), the levying of protective tariffs, different forms of free mail delivery, and public land grants to states or railways are instances of an expansion of authority which necessarily is becoming greater with national development. Our highest courts have held that since the United States New powers is sovereign and Congress is its lawmaking body. Congress °^ Congress, has the right to make those laws which the sovereign nation needs. The regulation of industrial corporations, provisions for the promotion of agriculture, the annexation of territory by Congress as in the case of Texas and Hawaii, and absolute 1 Constitution, Art. I, Sec. 8, 1. 18. 234 THE NEW CIVICS The election and term of the Presi- dent. Powers of the President ac- cording to the written Constitu- tion. Changes in administra- tion and powers. control of colonies show that Congress has exercised these rights. The issuance of paper money by that body ui time of peace, a power which the " Fathers *' did not intend to grant Congress, has been upheld unequivocally by the Su- preme Court of the United States. 216. The Presidency. — The members of the constitu- tional convention of 1787 decided, after protracted debate, that the President should be chosen for a term of four years and be reeligible to the office. They provided that there should be presidential electors equal in number to the sena- tors and representatives, each of whom should cast two ballots for President. By the Twelfth Amendment each elector was forced to cast a ballot for President and a second for Vice-President. The '' Fathers " intended that these elec- tors should use their own judgment in selecting the chief executive, but only the first two Presidents were chosen in that way, and in fact ever since 1800 presidential electors have been party men, now elected by popular vote within their states, who must vote for the candidates chosen by their respective party conventions. The written Constitution places no limitation on the number of terms a President may serve, but custom in the form of the " third term tradition " may be said to have fixed eight years as the maximum period for ordinary Presidents. According to the Constitution, the President has the right to enforce national civil laws, and he is commander-in-chief of the army and navy. He has the right of sending ambassa- dors, of making treaties, and of appointing officials with the consent of the Senate, the right to veto bills passed by Con- gress, and many other less important powers. In carrying out his wishes every President is aided by executive officials, ten of whom form an advisory cabinet, a body not mentioned in the written Constitution. That document does not mention the subject of removals from office. Except during the twenty years between 1867 and 1886 the unwritten constitution has left the President sole power of removal as well as appointment. He has thus been WRITTEN AND UNWRITTEN CONSTITUTIONS 235 able to make himself the real head of the national adminis- tration (§229), since all national executive officers are respon- sible to him. By virtue of their right to make treaties several Presidents, beginning with Jefferson in 1803, have acquired vast territories, although the written Constitution is silent on that subject. 217. The National Courts. — The Constitution provides The national for a supreme court and such inferior courts as Consrress may ^^^^^, ^^^ tneir ludces. deem necessary, all judges holding office during good be- havior. Congress has had, therefore, opportunity of con- troUing the courts through its right to increase or decrease the number of judges of the highest court and of changing the number and powers of the lower courts. In fact when one political party created new and unnecessary national courts in order to give positions to its partisans, the opposing party, as soon as it came into power, abolished the courts. As Schouler says, it was unconstitutional to remove the judges from the bench, and so the bench was removed from the judges. The written Constitution gives to the national courts juris- The juris- diction over all cases "arising under this Constitution, the diction of the courts. laws of the United States and treaties made, or which shall be made, under their authority." Many conservative people beUeved that the courts could not decide the meaning of any phrase in the Constitution, but Chief- Justice Marshall proved that the Supreme Court could not decide cases aris- ing under the Constitution without interpreting the Constitu- tion itself. By doing this he estabhshed a principle of the unwritten constitution which was largely responsible for the great development of national authority noted in the preced- ing sections ; namely, that the people of the nation, through the Supreme Court, were the final interpreters of the powers which the national government might exercise. At the very beginning of our history as a nation, therefore, the Supreme Court of the United States established its right to determine when the other departments of the government had exceeded their powers. The court, in addition, could decide the all- 22,6 THE NEW CIVICS important question of our history — what is the relation of the states to the nation and to the national government — a relationship that is discussed in the next topic. Provisions of the Con- stitution. Five classes of powers. Character of our federal system. The Nation and the States 218. The Classes of Governmental Powers. — We find that the Constitution of the United States and its amend- ments define quite clearly the duties of the national govern- ment and suggest those left in charge of the states. In that instrument, the attempt is made to grant the government of the United States all powers which the states could not satisfactorily exercise because united action was necessary. From the nature of the case, these powers belonging to the United States government were considered delegated, and were therefore enumerated. Those left to the states were to include all others, and are frequently called residuary powers. It is possible to distinguish jive classes of governmental powers: I. Those granted exclusively to the national government by the Constitution of the United States. II. Those reserved exclusively to the states. III. Those powers which may be exercised by either the national government or the states, called concurrent. IV. Powers denied to the national government by the Constitution. V. Powers denied to the states by the Constitution. 219. The Interdependence of the National and State Governments. — By the adoption of the national Constitu- tion in 1787, the people of the United States created 2i federal system oj two spheres of government, the one national, including all powers which can be properly exercised only by a single government for the whole people, the other state, including all other powers of government. Under existing arrangements, the national government and the system of state governments are dependent upon each other, for each does its share in governing the country, but neither can become subordinate NATION AND STATES 237 to the other, for both are controlled directly by the people of the entire Union. To perform the task assigned it, each is complete within itself for certain purposes^ hut incomplete without the other for the great purpose it subserves — the gov- ernment of the American people. 220. The Relation of the State and National Constitutions. Supple- — When considering the constitutions of the states, we ™^enta^ noticed that they must be changed if they conflict with the national Constitution. The reason for this is really very simple : the Constitution of the United States is just as much a part of the fundamental law of every state as is the con- stitution of that state. Any state constitution is intended to supplement that of the nation within that state, since the United States Constitution is intentionally silent regarding the greater part of the state's government and work. The law of any state, and of the states taken as a whole, consequently, includes five things: (i) the Constitution of the United States ; (2) laws passed by Congress in accordance with the Consti- tution; (3) treaties made by the national government; (4) the constitution of the state ; (5) the laws made by the state legislature. That the Constitution of the United States is a real part of the law of every state may be shown by the constitutional requirement that all members of the state legislature, and all executive and judicial officers of the state, shall be bound by oath or affirmation to support the national Constitution. Under ordinary circumstances, these laws and constitu- Conflict of tions supplement each other ; but they may conflict. In that constitu- case, the courts are authorized to set aside one of the con- fficting articles. Such an article in the state law must yield to any of the others, and an article in a state constitution must, give way to the laws of the nation, the treaties, and the United States Constitution ; for these three are " the su- preme law of the land, and the judges of every State shall be bound thereby, anything in the Constitution or laws of the state to the contrary, notwithstanding." 221. The Unity of Our Federal System is emphasized in 238 THE NEW CIVICS The execu- the working relations of the national and state governments. tion of law. Each has its own duties, which with few exceptions are different from those of the other, and which it performs through its own officials. United States laws are enforced by national executive officers and interpreted by national courts, side by side with the laws of the states carried into effect by officials of the states. Every person within the boundaries of a state is subject, therefore, to the jurisdiction of the state and the national governments. He renders obedience to both, because both are doing work assigned to them by the people of the whole Union. If, by any possibility, both try to force him to obey laws which relate to the same sub- ject, but which are incompatible, he must learn, first of all, whether the national government has authority to make the law which it wishes him to obey. If it has this right, he must obey it without question ; if it exceeded its authority in passing the law, he must obey the state officials. Obedi- ence may be rendered to officials belonging to the state gov- ernment or to national officials ; in reality it is rendered to the people of the United States, who are represented by both sets of these officials. In other words, a citizen's allegiance is not divided, for it is due to the people of the whole nation, who are sovereign, and to them alone. General References Hinsdale, The American Government, §§ 98-165, 223-233, 419-445, 623-631, 644-652, 655-658, 763-772. Ashley, The American Federal State, §§ 77-105, 120, 212, 228-254, 554- 562. Bryce, TJie American Commonwealth, abridged ed., 224-284. Beard, American Government and Politics, 1-77. WUloughby, The American Constitutional System. Topics Sources of the Constitution: Curtis, in Winsor, Narrative and Critical History of America, VII, 237-246; Johnson, A., in N&w Prince- ton Revi&do, IV (1887), 175 et seq.; Bryce, The American Commonwealth, abridged ed., Chaps. II-IV ; Taylor, English Constitution, I, 1-79 ; Robinson, J. H., in Annals of the American Academy, I, 203-243. THE NATIONAL CONSTITUTION 239 Last Two Compromises (1787): Fiske, Critical Period, 262-267; 301-305 ; McLaughlin, Confederation and Constitution, 260-265 ; Cam- bridge Modern History, VII, 278-283. The Nation and the States : Ashley, The American Federal State, 197-223 ; Beard, American Government and Politics, 145-165 ; Bryce, The American Commonwealth, 4th ed., I, 312-359; Reinsch, Readings in American Federal Government, 731-825 ; Willoughby, The American Con- stitutional System. Studies 1. Stamp Act Congress. Howard, Preliminaries of the Revolution, 145-149, 154-157. 2. First Continental Congress. Wilson, History of the American People, II, 193-201. 3. Character of the Declaration of Independence. Tyler, M. C, in North American Review, 163 (1896), i-io. 4. Nature of the Confederation. Fiske, Critical Period, 98-101. 5. Objections to the Constitution. McLaughlin, Confederation and Constitution, 277-281, 287-288. 6. The development of the Constitution. Bryce, The American Com- monwealth, abridged ed., 271-284. . 7. Constitutional changes during the Civil War period. Ashley, American History, §§ 383-387. 8. The advantages of federal systems. Ashley, American Federal State, 200-204. 9. The working relations of the national and state governments. Bryce, The American Commonwealth, abridged ed., 233-242. Questions 1. Make a table comparing the unions before 1775, stating cause of each, number of colonies represented, permanence, work accomplished, and degree of union represented. 2. Compare the early unions with the second Continental Congress and the Confederation in respect to success as a union, organization of central government, powers actually exercised, and degree of real union. 3. Name one general and four specific defects of the Confederation. Was it possible to form a new satisfactory union on the basis of state sovereignty? What did the constitutional convention of 1787 do? 4. Look up and answer the following questions and points from your copy of the Constitution. a. What is the difference between the qualifications of senators and representatives? (Constitution, Art. I, §§ 2, 3.) b. What is the process of legislation? (Art. I, § 7.) 240 THE NEW CIVICS c. Name the chief powers of Congress. (Art. I, § 8.) Why is the name "elastic clause" a good one for clause i8, § 8, of Art. I? d. What restrictions are placed upon Congress in spending money? (Constitution, Art. I, § 9, cl. 7 ; § 8, cl. 12.) e. Give the chief prohibitions placed upon the states. (Art. I, § 10.) /. Who may be elected President? (Art. II, § i, cl. 5.) How is the President chosen? (Amendment XII.) g. May the President pardon a person guilty of treason? How are treaties made? (Art. II, § 2.) h. What national courts are created solely by law of Congress? (Cf. § 23 with Constitution, Art. Ill, §1.) i. Why are all state officials compelled to take oath to support the Constitution of the United States? (Constitution, Art. VI, § i, cl. 2; cf. § 219 of this book.) 5. Quote the preamble of the Constitution. Quote the elastic clause. Quote the first sentence of the Fourteenth Amendment. 6. In what ways may the Constitution be amended? (See if you can find f6ur ways.) What interval of time elapsed between the Twelfth and Thirteenth amendments? between the Fifteenth and Sixteenth amendments? Is the method of amendment too easy? too difficult? 7. Give a definition of the unwritten constitution. Show how the unwritten constitution has changed either the composition or powers of the legislative branch of the national government; of the executive department ; of the national courts. 8. What five kinds of law make up the law of any state? Why is every person subject to the jurisdiction of two sets of governments if his allegiance is not divided? CHAPTER XIII THE NATIONAL GOVERNMENT Congress 222. The American Congress. — The Congress of the Composition . United States, like the legislatures of the states, is composed ^ ^^^ ^^^ of two houses, one of which is much larger than the other. UnHke the houses of the state legislatures, those of Congress are quite different in character, as the members of the Senate, or upper house, are supposed to represent the states, whereas the members of the House of Representatives are chosen by the people of the nation, from districts of nearly equal population. The term of office of the senators is six years, one third of them retiring every two years, thus mak- ing the Senate a continuous body. The members of the House of Representatives are chosen for a period of two years. According to the original Constitution, the senators were Election of elected by the state legislatures.^ As this did not meet the senators, twentieth century demand for more popular representation in the making of laws, the Seventeenth Amendment in 19 13 provided that senators shall be elected by popular vote. The election of members of the lower house occurs on the Election of regular election day, the Tuesday after the first Monday of members of November in the even numbered years. According to the house. American custom, no one except a resident of the district for which the member is chosen may be selected as a con-. gressman.2 Since there is no national suffrage law, each ^ According to the Constitution, no one may be elected senator, unless he is at least 30 years of age, has been g years a citizen of the United States, and at the time of election is an inhabitant of the state for which he is chosen. 2 No one can be elected to the House of Representatives who is not at least 25 years of a^e, has not been a citizen of the United States 7 years, and is not at the time of his election an inhabitant of the state in which he is chosen. R 241 242 THE NEW CIVICS Long and short regular sessions. The houses of Congress. — Privileges and disabili- ties of mem- bers. Compensa- tion of con- gressmen. state decides who may vote for senators and representatives, as well as for electors for the President. 223. Sessions and Organization of Congress. — Once in two years, when one House of Representatives gives place to a new house, we have a new Congress. For example, the 64th Congress lasted from March 4, 191 5 to March 4, 191 7, being replaced on the second date by the 65th. Each Congress has two regular sessions, each of which begins on the first Monday of December. The first session may con- tinue indefinitely into the following summer, and is therefore called the long session. The second, or short session, ex- pires by limitation on the 4th of March after it begins its work. It is unfortunate that a period of thirteen months should elapse between the election of congressmen and the first regular session which they attend. Special sessions of Congress may be called only by the President. Each house controls its internal organization, being authorized by the Constitution to make its own rules, elect its own ofiicers, decide who are elected members in case of dispute, punish members for disorderly behavior, and compel the attendance* of a quorum to do business. Members of Congress have numerous special privileges. They are " in all cases except treason, felony, and breach of the peace privileged from arrest during their attendance at the session of their respective houses and in going to and returning from the same, and for any speech or debate in either house they shall not be questioned in any other place.'' They are subject also to certain disabilities, particularly being debarred from appointment to any ofiice which has been created or the salary of which has been increased during the term of office for which they have last been elected. Members of Congress receive a salary of $7500 a year, traveling expenses, " mileage " of twenty cents a mile, going and returning by the nearest route, stationery, and extra compensation for clerks, besides large numbers of govern- ment pubHcations, and free delivery of mail upon public business. Yet with all these perquisites of office, our con- CONGRESS 243 gressmen find expenses in Washington so heavy that few- business men can afford the luxury of holding the position. The shortsightedness of this policy is evident. 224. Special Characteristics of the Senate. — On account of its small size and its semi-permanent character, the Sen- ate is able to discuss pubhc business much more directly than is possible in the large and more unwieldy House of Representatives. It has been therefore more powerful than the House during most of our history. This is especially due to three things : first, the more permanent character of the Senate ; secondly, its better organization ; and thirdly, the patronage which it possesses through the right to confirm appointments made by the President. The Senate is unlike the House in the organization of its committees, for the senatorial committees are really perma- nent organizations. In case the chairman of any com- mittee* resigns, he is succeeded as chairman by the com- mitteeman from his party who has seen the greatest length of service on that committee. This illustrates the fact that in the Senate " seniority " is a fixed rule.^ ♦ The Senate, being small, spends a large part of its time in really discussing public questions ; it was not willing until 191 7 to sacrifice its own dignity and restrict debate. By a two-thirds vote it can now stop discussion of any matter. The special powers of the Senate are four in number. It confirms presidential appointments, ratifies treaties, tries impeachment cases,^ and elects a Vice-President when the electoral college fails to do so. Three rea- sons for the Senate being powerful. Senatorial committees. Conserva- tism and dignity of the Senate. 1 The presiding officer of the United States Senate is the Vice-President of the United States, who is not a member of that body. He takes no part in the discussions, and cannot vote unless there is a tie. However, the Senate has in addition a president pro tempore, who is a senator chosen by the Senate. The president pro tem. presides in case of the death or absence of the Vice-President. 2 The Senate has the right to sit as a court and try any "civil officer" of the United States government who is impeached by the House of Representatives for "treason, bribery, or other high crimes or misdemeanors." A two-thirds vote is required for conviction. This power has been used only eight times in all, with but two convictions. By far the most interesting trial by the Senate was that of Andrew Johnson, President of the United States, in 1868. 244 THE NEW CIVICS Senatorial power of confirming presidential appoint- ments. Influence of the Senate in the making of treaties. Size of com- mittees and special pow- ers of the House. Debate and lawmaking in the House. A large part of the authority and influence of the Senate is derived from its power to confirm all important appoint- ments made by the President. Because of the double system of choosing officials (§ 233) a custom has developed called senatorial courtesy, senators ordinarily voting to confirm one another's appointees. This procedure leaves with the senators the actual selection of most persons holding national offices within their states. Treaties are made by the President through the Secretary of State (§ 236), but they do not take effect until approved by two thirds of the Senate. The Senate is a real power in treaty making, as it never hesitates to amend any articles or reject an entire treaty. When discussing presidential appoint- ments or treaties, the Senate goes into executive session, the doors are closed, and the proceedings remain a secret. 225. Special Characteristics of the House of Represen- tatives. — The larger branch of Congress, called the House of Representatives, is composed of nearly 450 members. Because it is large, much less business is transacted within the house proper than in the Senate. It depends very much more upon committees than does the smaller chamber. Be- cause it was originally intended to be and still is the more truly representative branch of Congress, it has three special powers. It originates all bills for the raising of revenue (§ i53)> elects a President in case the electoral college fails to make a choice (§ 230), and brings articles of impeachment against any civil officer for treason or for high misdemeanors in office. Both the House and the Senate have separate build- ings with offices for members and numerous committee rooms. Many more bills are introduced in the House than in the Senate, because there are many more members who have favorite interests. In the House the time for the consider- ation of measures is arranged with great care by the powerful Committee on Rules.^ This Committee is now made up of 1 The Speaker, the presiding officer of the House, is a member of the body, and, although not the powerful official he was before the insurgent movement in 1909, is still an influential leader. CONGRESS 245 ten members, the majority of whom are selected by the House from its leaders. Under these conditions debate is naturally limited; even the chairmen of the committees to which important measures are referred content themselves with comparatively short speeches. Most of the other members on any measure are limited to speeches of ten, I Clinedinst Studio, Washington. D.C. House of Representatives in Session. of the com- mittees. five, or even two minutes, if indeed they have the good fortune to secure the privilege of the floor at all. 226. The Committee System. — The most distinctive Importance feature of congressional procedure is the use of committees in lawmaking. The committees are the center and life of Congress,^ doing the larger part of the work in framing 1 The committees are usually composed of from ten to fifteen members, some having as few as three, and others, in the House, as many as twenty-two, the largest Senate committee numbering twenty. The majority of each com- mittee belongs to the dominant party, except for a few unimportant Senate 246 THE NEW CIVICS Committees at work. Introduction and commit- ment of bills. important bills — although these are actually introduced by individual members — in investigating subjects before either house, and in concentrating discussion on the most important measures. The committees usually hold their meetings upon certain mornings. The sessions are supposed to be secret, but are not strictly so, although no records of their proceedings are published. Most of the work at these meetings is done by the members of the majority, whose leaders, in fact, often arrange beforehand all important details. Subcommittees are frequently appointed to examine and report upon special features of a bill. In their regular sessions, the committees hear the reports of individuals or of these subcommittees, listen to the statements of business men whose work would be affected by the action of the committees, examine experts, confer with subordinate officials of some executive depart- ment of the government, and discuss the bills under con- sideration. 227. A Bill in the First House. — In its earliest form a law is a hill which has been introduced in either house by some member of that house. After being read by title, bills are sent to appropriate committees,^ by which they may not be *' reported out " ; that is, they are *' killed in committee." Consequently most bills never reach a second reading, which committees ; but every member of the House is on at least one committee, and every senator is assigned to not less than four. The House of Representatives has two Committees of the Whole, one of which deals with financial bills and the other with private bills. When the House resolves itself into a Committee of the Whole, the Speaker always calls some one else to the chair, as he sometimes does in the House proper. The presiding officer cannot make any one attend the committee, neither does he have the right to maintain order by force. The quorum, instead of being one half the members, is only one hundred. As sessions of the Committee of the Whole are held for the express purpose of debating proposed laws, speech is not subject to the same limitations as in the House. When a committee has finished the business in hand, it rises and reports to the House, which is in no way bound by the action of the committee. 1 So numerous are the committees tha£ their duties frequently overlap. Many bills may, therefore, be assigned to any one of two or more committees. There is often a sharp contest between chairmen for the control of important measures. CONGRESS 247 means that they will never be read at all, for, when a member introduces a bill into either house, the clerk reads only the title. If a bill is reported favorably, it is likely to be considered Considera- briefly in its turn by the House, or debated at some length ^°^ °^ ^^^• if introduced in the jiiill-fimrti €nptu tt t\t Siita Skiia of ^xrin; AN ACT To MithoriM tb« 3ecratAi7 of tho lotorior to fumiih bot mter from the hot ■priogi 00 tbo Hot Bpriogi RcMxuUon for driokiog lod botfaiog purpoMo fno of ooot to tbo Leo N. Leri Uefflori4l Hoipiul AMOcitlioo. 0/ Ihe Uniltd 3lal4l 0/ Antrica in Congrai aitembUJ, Thml the Bocratuy of llio Intfriol be, ftad be it borebj, ^thorized to wppl; o ■uArient quuitity of bot ^-ktcr fur five tube frao the bot ipringi on tbe Hot Sptinp Reeemlion for dnnling mil bktbiig piupoMe to the Leo N. Le>i Memorial Hoipiul AiaocioIloD wilboul ooet or cbvge therefor, umler sucb rulei and rcgulali fmidtd, That laid hospiul BMociation >hall, of the Bot Springe Beaerration or bit dul; autborired rrpmentalito, ijnme- dialely after being notified, aend an ambulance or oooTeTanoe for and acc«pt and treat without charge therefor any omergeDOj patienle to lent to the boepital Senate. Sometimes the senatorial minority de- lays action by unneces- sary talking and tak- ing of votes. This method, called " fih- bustering," is now al- most impossible in the House. When a bill has been read for the third time, a vote upon it may be taken in one of three ways, a majority of the members of the cham- ber being necessary for a quorum, but only a majority of those pres- ent being required for its enactment, (i) The usual method consists of calHng for the *' ayes " and " noes," the presiding officer deciding from the sound whether the Methods of bill is carried. (2) When the result is. in doubt or a mem- *^^°s votes, ber asks for a rising vote, this is taken and each side is counted. (3) If one fifth of the members wish to have the roll called, the clerk reads the names alphabetically, the vote of each being recorded. 228. Later Stages of Lawmaking. — When a bill has been passed by one house of Congress, it is sent to the other. SftaktT 0/ the Uortion to the number of scholars who attend school regularly. In this way help is given to the poorer districts and to those which are especially earnest in their school work. EDUCATION 275 become the civic or social center of the community. In some localities the schoolhouse has always been the place of public meeting, but most schoolhouses, even our costly modern school plants, are vacant eighteen hours every school day, and at least half of the days in a year. This seems an unnecessary waste of good material. By using the rooms, laboratories, and shops for night schools, many communities are adding two or three hours to a school day. Entertainments, rallies, and other public gatherings in the schoolrooms or auditoriums are turning many schools into true social centers. Many cities, especially those in the East, have special courses for new citizens; others offer courses after school hours to mothers ; still others are open all day and every school evening for those who need help. In the development of the newer and better democracy by which we may be able to solve the pressing problems in poHtics and society, the school can do a much larger work than it has in the past; it may become directly valuable to adult citizens as well as to the children and youth. 248. Public Libraries. — A silent, uplifting force but Importance little inferior to that of the public schools is found in the °^ ^^^ ^^"" , eral work of free libraries which have been established in probably one public libra- half of the cities and villages of this country. The work of "^s. the libraries is valuable, even through the distribution of fic- tion, which usually comprises at least one half of the volumes in actual use, for most of these books are wholesome, interest- ing, and amusing. Through the circulation of better classes of fiction, biographies, histories, scientific treatises, and modern books on many other subjects, general readers have oppor- tunities which were denied to them a quarter century ago.i 1 Where the patrons of the libraries are permitted access to the shelves and are allowed to examine books, the circulation is increased, and interest is awakened in reading books other than fiction. Most libraries have juvenile departments, from which books may be drawn by children of a reasonable age. They also help to awaken a taste for a better class of literature by sending a large number of books at one time to the different schools of the city, where they are read freely by the pupils. 276 THE NEW CIVICS Reading and reference rooms. Almost as many magazines and books are consulted at the libraries as are withdrawn for circulation. The popu- lar magazines and newspapers attract many to the reading Public Library, Springfield, Mass. rooms, while the scientific papers and well-selected works of reference are consulted by large numbers of scholars. Some of our finest libraries limit themselves to reference and consultation work, distributing no books whatever. 1*0* », Ti: ^AJliSHARJ ^ *• nriv » f^NB Du LAC I »*s"jg r— - J—- *-3-Jii-Q-S— 1 » !**.» '•* • •- '^♦••o* I »T^ »|fff USE 01' LIBRARIES sonxHERK wjscojrsjN \ GpfNT. ! !»°o**» \ 'o <^ !-— — - Public Libiatj. State TnTellng Ubiai; Connty TnTeling Library JbluMBlAp iRANT* ,!»• 0»", :• ^?v». i^i^ .♦JO • .^•••-^^ M J Others do exactly the opposite, especially the state travel- ing libraries, which circulate books among those communities EDUCATION 277 which have access in no other way to library books. The Traveling li- extent of the work done by one of these traveling libraries ^^^^^ for in one section of one state can be estimated by comparing ued'^com-" on the map the number of villages and cities which have munities. Mailing Room of the Wisconsin Traveling Library, libraries of their own with those which depend exclusively on a traveUng library. Public Charities 249. Causes of Poverty. — There are in every community classes of certain persons who are unable or unwilHng to provide for dependents, themselves. Most of these have relatives who give them a home and the necessaries of life. The rest are a burden on society in general, and must be supported by private charity or at public expense. We may divide the poor into two gen- eral classes ; (i) those who are partially destitute, that is, who are dependent in some degree on public or private charity, and (2) paupers, those whose very existence depends on the help received from the public. 278 THE NEW CIVICS Personal causes of poverty. Some eco- nomic causes of poverty. Remedies in industrial betterment and in edu- cation. Features of the problem. The causes of poverty are numerous. Some are as old as human nature, for shiftlessness, intemperance, vice, and lack of economy keep many from having their share of the necessaries as well as the comforts of life. Only force would compel some people to earn a decent living, so ingrained is their laziness. Others believe that the world owes them a living, reversing the dictum of the good citizen that he owes the world a life. Still others are by nature, lack of training, or temperament unable to do any work properly ; they are the incompetents, the ne'er-do-wells, part of whose burdens must be assumed by society. Our modern industrial system leads to a great deal of poverty and even pauperism. There is no longer regular work or free land for every family. Some occupations are overcrowded, at least in the community where a laborer may live. Many industries give employment only at inter- vals. Modern industry is possible because of the develop- ment of huge and dangerous machines, but labor has paid a heavy toll in maimed limbs and in diseased or distorted bodies. The injury or death of the chief wage earner of a family is a prolific cause of poverty. 250. The Problem of Charity. — Until the causes of poverty are removed, there can be no solution of the problem. It is difficult to " make over " human nature, but it is possible to find real remedies for industrial troubles, through work- ingmen's compensation, plans to reduce unemployment, minimum wages, and mothers' pensions. For the immedi- ate rehef of many victims of industrial distress, we must de- pend chiefly on charity until we have shown, by education of individuals and the pubhc, that poverty may be prevented to some extent. One of the first duties of the pubHc is to separate those needing relief into classes according to their disability, to dis- tinguish between the deserving and the unworthy, and to provide suitable help for those who may be entitled to re- ceive it. These problems constitute a task of no mean pro- portions ; for, although we may determine easily which classes PUBLIC CHARITIES 279 deserve aid and which require punishment, it is impossible always to separate those individual applicants for help who are worthy from those who are not. An impostor may remain long undetected and become a social parasite, whereas funds may be withheld from needy famiUes. There may also be very great difference of opinion about the best way to aid any particular class of dependents. Especially is this the case with the most general problem of all — Shall charity be governmental or private? We do not question the justice of the doctrine that these Govem- unfortunates should be a public charge. Society is a unit, privltecart and we believe that society is under obligation to care for its of depend- poor and for those to whom nature has denied some faculty, ^^^^• just as a family is expected to provide for those niembers who are unable to care for themselves. This does not mean that most of the expenditures for charitable purposes should be made through government officials, for private organi- zations can often learn easily whether those applying for help are deserving. In fact, the government now does little more than care for those dependents who live in charitable institutions} 251. Care of Dependent Children. — Two classes to Children's whom society owes the best possible care are those children l^omes. who have no one to look after them and the children who have some notable physical or mental defect. If private enterprise fails to provide suitable children's homes, pubUc institutions must be constructed for the purpose of keeping orphaned little ones out of the streets and away from evil influences. This is a most necessary step in the process of preventing crime, and consequently should be undertaken ^ It is customary in cities to make appropriations of large sums of money annually for the benefit of private institutions, — children's homes, schools for defectives, and hospitals. This may be done because the heads of private institutions or organizations are able to discriminate better and are less likely to be imposed upon, or because of an unwillingness to grant help both publicly and privately in cases where there is no good reason why the government should assume entire responsibility. Many cities which follow this plan have been singularly lax in supervising the expenditure of the public money contributed to private parties. 28o THE NEW CIVICS by the locaKties for their own safety, if not for the sake of the children themselves.^ Schools for A second class of dependent children includes those afflicted dumb^^and ^^^^ ^^"^^ physical or mental 2 defect — including those that blind.' are bhnd, deaf, or dumb. If society owes the advantages of a free education to its normal children as the best safeguard of its free institutions, surely the education of defective children is a duty rather than a form of charity and should not be neglected under any circumstances. Although they may not be prepared fully for the activities of citizenship, this education brings them some opportunities and pleasures, of which they would otherwise be deprived by their in- firmity. The equipment furnished, the methods used, and the instruction given in these schools are usually of a high character. Why insane 252. Care of the Insane. — One class of dependents whose ^ubur ^^^ ^ ^^^^ ^^ ^^^^ ^^ ^^^ government exclusively is that of the in- charge. sane. Our government performs this task, not only be- cause it is a necessary charity, but, as many insane people are dangerous, for the sake of protecting the public. No person is, however, placed under the control of government officials until he has been examined by experts and declared to be of unsound mind. Treatment PubHc care of the insane varies greatly from state to of the insane, state, (i) Some states compel each locality to look after its own, insane persons being left in poorho.uses where they are systematically neglected or even maltreated. (2) In other states, the most violent patients are sent to state institutions, the others being placed in local asylums. (3) A few states care for all persons of unsound mind in state hospitals, which * More than half of the states have laws providing for mothers' pensions. Money is appropriated from government funds direct to a mother in order to keep the family together. This prevents the institutionalizing of the children, who otherwise would be brought up in an orphans' home. ^ PubUc institutions for weak-minded children are even more essential than those for physical defectives, because weak-minded children are more helpless and apt to be public charges. Although society does not begrudge the care necessary for such unfortunates, it is seeking to prevent the multipUcation of those whose existence can be only a burden to themselves and their fellows. PUBLIC CHARITIES 281 are worthy of the name. In them insanity is regarded as a disease, and th6 patients are treated not as criminals to be punished, but as mental invalids to be cured. New York well represents modern methods in its care of its in- sane, several millions of dollars being spent each year for the benefit of the inmates of its numerous state hospitals. It is in advance of most other states, not alone in its pro- vision for hospitals under state rather than local supervision, but in its segregation of all insane persons accused of crime in separate institutions controlled by the prison authorities of the state. 253. Indoor and Outdoor Relief. — In addition to chil- Poorhouses dren's homes and insane hospitals, almost every community ^^^ p°°' maintains some institutions for paupers, usually a poorhouse or a county farm. In a few poorhouses, those capable of working are compelled to contribute something toward their own support. Often poor farms are maintained, which are managed without help from outside, so that the institution is largely seK-supporting. In many of these institutions the practical management is seriously defective and often un- pardonably brutal. This is especially the case where the aged, the young, the blind, the insane, the feeble-minded, and the sick are herded together. Outdoor relief is often granted by the overseers of the Ordinary poor to those not destitute but needy. The chief danger of ^^^^^ °/. °"*' Ti . ,. , .,.-.,. -^ . , ° door relief. this entire system of relief is that it may increase the poverty which it is supposed to alleviate, because shiftless individuals will expect help from the government, when they should sup- port themselves. A few people most of the time, and many people part of the time, require some assistance of this kind. Provisions, clothing, and fuel are the articles most commonly furnished, much more being done in winter, or when work is scarce, than at other times. A few cities have estab- lished public lodging houses, in which wayfarers are furnished with beds for the night in return for a reasonable amount of work. Sometimes temporary employment is furnished through the government to those in great need ; by this de- 282 THE NEW CIVICS vice the community is relieved of those tramps who do not wish to find employment. Care of the 254. Other Forms of Charity. — There is perhaps no set sick poor. q£ persons so deserving of sympathy and help as the sick poor. Needing skilled care, delicate food, expensive medi- cines, or still more costly surgical attention, they are unable to protect themselves against the ills which, if unchecked, will cause death or lives of invalidism. For the care of Scene in a City Dispensary. such unfortunates, public hospitals are maintained in most cities and by many counties and towns. Physicians and nurses are paid by the public to look after the inmates of the hospitals. Visiting physicians, in addition, may spend a large part of their time without pay in attendance on the needy sick in their own homes. Work of dis- Thosc whose ailments are not serious can often obtain pensaries and treatment gratis at the dispensaries, which are to be found school climes in most of our large cities. Almost all medical schools main- tain out-chnics in which patients receive the best of treat- ment at a very low cost. Most progressive school systems PUBLIC HEALTH 283 are doing a preventive work by examining all school children. Frequently the reUef of some apparently minor defect, e.g. in the teeth or nasal passages, has changed a sickly or ap- parently dull pupil into a vigorous, intelligent student. This work of school clinics may be one of the first duties of a school system ; it is not a matter of charity. Health and General Welfare . 255. Conservation of Human Life. — The removal of the causes of poverty, as distinct from the relief of pauperism, is closely related to the problems of reducing the amount of sickness, conserving public and private health, and prolong- ing useful human life. Modern science, better education among the people, and the protective regulations of govern- ment have saved millions of infants and little children who would have died in infancy had they been born a generation or a century earlier. Although some children may be saved only to be a burden to themselves and society, this slight checking of the wholesale " slaughter of the innocents " has been a gain to society as well as a credit to modern civilization. There is good reason to believe that the boy or girl who lives to the age of five years will live nearly twice as long as did his ancestors a few centuries ago. It does not require much study to perceive the increased value of prolonging the working life of any man or woman from fifteen or twenty years to twenty-five or thirty. The early years necessarily form a period of preparation, in which little is earned, and nothing is added to the wealth of society. To prolong human hfe ten years means therefore that two or three additional years may wisely be taken for better prep- aration. This will increase the efiiciency of the worker, not only during the seven or eight additional years in which he labors, but for every year of his working life. Surely this is worth while to the normal human being and to society.^ ^ Little has been done under public supervision in this country through sickness insurance. The spread of this form of health preservation in Europe would indicate that it is satisfactory ; in time America also will adopt measures Saving of the lives of Uttle children. Value of pro- longing the working life of citizens. 284 THE NEW CIVICS Reduction of death rates in cities. Quarantine regulations for epi- demics. 256. General Health Regulations. — During the last fifty years, and particularly since the opening of the twentieth century, there has been a great improvement in the means used for the protection of pubUc health. The annual death rate in some English factory towns in the middle of the nineteenth century was as high as fifty-three per thousand. Even within twenty years some American cities have had death rates of more than thirty per thousand, and the num- ber of deaths among little children in the tenements during hot weather has been appalling (§ 9). Recent regulations which have protected public health include laws preventing the introduction or spread of contagious or infectious diseases, requiring the adoption of strict sanitary regulations, espe- cially in cities, prescribing standards for milk, meats, and other foods, as well as regulating the sale of drugs and the practice of medicine. There is comparatively little danger from great epidemics as serious as those in the past ^ ; first, because people realize that these diseases have been fostered by filth, which is proscribed by modern health regulations ; secondly, because at all seaports strict quarantine is established if there is a possibility of the introduction of any plague. 257. Disposal of Waste. — Clean streets are necessary for the health of city dwellers, since every wind carries mul- titudes of germs from the dust or filth of pavements.^ The by which at least the poorest paid workers will be relieved of the extra losses and expenses of sickness. Certainly it is better to help directly the worthy laborer who is really sick and in need than to relieve poverty due to sickness or to encourage shiftlessness and imaginary sickness through forms of charity. ^ It is customary to isolate all cases of contagious or infectious diseases in cities. If an epidemic starts within a city, a more or less general quarantine is established for the section affected. So successful have these sanitary regula- tions become that the death rate from the more common infectious diseases is now much lower than a few years ago, while the terrible curse of smallpox has almost died out, as a result of vaccination and isolation. 2 Marvelous improvements were wrought in New York, 1894-1898, by one man. Colonel Waring, with his "white angels." Waring's work in Havana and Colonel Gorgas' sanitary achievements in the Canal Zone have been even more remarkable. In cleaning the streets of American cities care is taken to have the work done as much as possible by mechanical sweepers at night and if possible after the pavements have been wet to avoid the raising of dust. PUBLIC HEALTH 285 collection and disposal of rubbish and garbage is one of the Need of most perplexing problems of American cities. Although ^^^^^ streets this necessary sanitary work is performed usually by city systems for agents, it is frequently performed in an unsanitary manner, handling Some cities have established incinerators, which dispose of garbage^" all combustible wastes. This method is somewhat more expensive than others. A few cities are following the Eu- ropean plan of separating the solids in refuse and garbage and using the residue as treatment for fertilizer, but this system can be used advantageously only on a large scale. The most important of the city's sanitary problems from The sewage the engineering and health points of view is the disposal of P'^oblem. sewage. Practically every large city has adopted a network of sewers connected with an outfall sewer to some place at a distance. 258. Pure Milk and Meats. — Good health is impossible Pure milk without pure water (§ 180) and pure milk. Particularly in regulations, the tenements there is a close connection between the char- acter of a city's milk supply and infant mortality. Almost all modern cities have definite standards for the quality of milk which may be sold within their limits. Health officers inspect at regular intervals all dairies in order to see that the cows are healthy and the quarters are clean. Ordinances as well as food laws prohibit the use of preservatives in milk.^ Local food inspectors examine meat as well as milk, seek- Meat, fruit, ing to prevent the sale of spoiled meats or meat which has f "^ weight been kept by the use of preservatives. Local, state, and ^"^^^^ ^^^ national inspectors usually supervise carefully the slaughter and packing houses.^ A similar work is performed by fruit ^ The milk campaigns carried on in Rochester, New York, and other cities have resulted in a decreased infant death rate. In some communities model milk depots have been established which not only are cleanly but seek to distribute milk at a low margin above cost. In a few cities in the tenement districts during hot weather ice has been sold at cost or below to preserve the children's supply of food. 2 National inspectors may condemn meats which are unsatisfactory, the approved product being marked " United States inspected and passed." In the canning and preserving rooms of packing houses and food factories especial care is taken to maintain cleanliness and to encourage the use of up-to-date methods. 286 THE NEW CIVICS inspectors, who condemn perishable foods which have been kept too long. State or local inspectors examine weights and measures to see that scales give honest weight and that the boxes have no false bottoms and are of the size advertised. National and 259. Pure Food Laws. — In 1906 public indignation was state laws. aroused against the products turned out by packing houses and manufacturers of foods. The national government and a majority of states at once passed pure food laws. Most of these laws require the manufacturers of foods and drugs to mention certain ingredients of the product, giving in detail the amount of substances which are poisonous or might be considered injurious. Coal tar dyes, a form of coloring matter which is misleading rather than harmful, can now be used at drug stores and in foods only when the words " artificial coloring " are conspicuous. Certain preserva- tives are prohibited altogether ; others, such as benzoic acid, must not be used except in very minute quantities. Oleo- margarine may no longer be sold as butter and must pay a ta? of ten cents a pound. Patent medicine labels must de- clare the amount of certain ingredients. Successes and There can be no doubt that foods to-day are much purer failures of ^^^.^^ ^^y ^gj-g fifteen or twenty years ago. Although it is laws. ° ^^^6 that the new laws have not attained their object of explaining to the customer the real nature of the article which he is purchasing, to some extent they prevent his buying ingredients or commodities which he does not want. Even the original laws would not have guaranteed the excellence of any food or drug; as intrepreted by the courts some regulations which were supposed to have been enacted origi- nally no longer limit the unscrupulous manufacturer of foods or drugs. We still need laws which will protect not only the public but the honest manufacturers from the dishonest producers of foods. Conditions 260. Control of the Liquor Business. — As intoxicating and forms of Hquors injure health and are held responsible for a large part contro. ^£ ^j^^ poverty and crime in existence, government control of the liquor business is less for the development of public GENERAL WELFARE 287 &, 1 HAWAIIAN .r.^M^pKAl "i: I RAMI IV f^ ^UlH^n 111 u s HAWAIIAN ,r.^J!13-0'<*" I .lSLAM)S,;r*' •^*^*' 1S98 KAHOOLAWEL_ e», 6,740 S" Year FROM WHICH Acquired Method of AcQuismoN "Louisiana" 1803 France Purchase "Florida" 1819 Spain Purchase Texas 184s Annexation "Oregon" 1846 Boundary fixed by treaty First Mexican Cession 1848 Mexico Conquest and treaty Gadsden Purchase 1853 Mexico Purchase Alaska 1867 Russia Purchase Hawaii 1898 Annexation Philippines, Guam, and Porto Rico 1899 Spain Conquest and treaty Tutuila Island 1899 Treaty arrangement Danish West Indies 1917 Denmark Purchase 353 354 THE NEW CIVICS Proviaonal government of territories. What are the constitutional elements of congressional control ? The "insular cases." The Philip- pines under American rule. From the beginning new lands were governed absolutely by the national government before they were organized into territories (§312). According to the famous ordinance of 1787, which provided a government for the territory north- west of the Ohio river, at first all territorial officials were selected by the national government and all territorial laws were made by Congress. 310. Congressional Control of Colonies. — For several reasons it did not become necessary until recent years to define clearly the powers of Congress over national terri- tories. Before 1898 all national territory was contiguous to the older states, was being settled by people of the Ameri- can race, and was being prepared for statehood. As the territories acquired after the Spanish-American War were inhabited by people alien in race and political experience to the citizens of this country, the questions arose at once: were these dependencies part of the United States, or did they simply belong to the United States? Did the special limitations placed upon Congress in the Constitution apply to this territory, e.g. must duties be uniform throughout the United States and its colonies, or might Congress pass a tariff act for any dependency different from that applying to the United States proper? Must Congress permit right of trial by jury and complete freedom of speech under any and all circumstances ? In the " insular cases " the Supreme Court recognized the right of Congress to decide when the Constitution and its amendments shall apply to territory acquired by the United States, giving Congress absolute control of new territory until Congress extends constitutional rights and privileges to the inhabitants of the new lands. 311. Government of the Philippines and Porto Rico. — After a brief period of military government, the Philippine Islands were permitted to have a civil rule under the law of 1902. In 19 1 6 a new act gave the Islands a much more liberal government. The governor-general and higher judges are appointed by the President and Senate, but the Filipinos TERRITORIES , 355 elect twenty-two of the twenty-four members and eighty-one of the ninety members of the Assembly, which together make up the legislature. In addition there are provincial and mu- nicipal governments in which the Filipinos have considerable share. The American rule has done much for education, for the development of means of transportation, and for improved sanitation. Porto Rico has a more liberal government than that of the Government Philippines, since suffrage in Porto Rico is practically univer- of, Porto sal. Only the governor and the judges of the highest courts are selected by the President and Senate. The people elect members of both houses of the territorial legislature and have control of their local governments under the general laws. Since 191 7 the Porto Ricans have been American citizens. 312. Government of Organized Territories. — In times Disappear- past we have usually had a large number of completely ^"^^ ?f ^^^ organized territories, but since 191 2 all land within the territory. continental United States has been in the form of states, of which there are now forty-eight. Hawaii is organized in practically the same form as the old territories.^ In one sense every organized territory is entirely under the Degree of control of Congress, for that body has decided the extent of ^^^^f its boundaries, the form of its government, the share which the people may take in that government, and retains a veto on all laws passed by the territorial legislature. In other words, the territory depends upon Congress for its very existence, and derives from Congress its fundamental law. But a territory has customarily been treated as a rudimen- tary state, subject to national supervision, although given the right to direct its own affairs as far as possible, in order 1 In the Constitution, power is given Congress " to exercise exclusive legis- lation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States." A law passed in 1790 ar- ranged for the location of the district upon the banks of the Potomac, the land being ceded to the United States by Maryland and Virginia, although the part upon the south bank was receded to Virginia in 1846. The district is now gov- erned by three commissioners appointed by Congress, with power to select minor oflBcials, and supervise the administration of all local affairs. 356 THE NEW CIVICS Government of an organ- ized terri- tory. Preparation of territories for state- hood. Danger and problems in state admis- sion. that the habit of self-government shall have become fixed before it becomes a member of the Union. A territorial legislature is composed of two houses and holds biennial sessions. It may make laws on all subjects not forbidden by Congress, but any law passed by it may be vetoed by either the governor or by Congress. The princi- pal executive officials are the governor and the secretary, each of whom is selected by the President with the consent of the Senate for a term of four years. The highest terri- torial court, consisting of three judges, is also appointed by the President and Senate. All local, executive, and judicial officials are elected by the regular voters of the territory. 313. The Admission of New States. — No organized territory has believed its territorial government to be other than provisional, the chrysalis form of its existence.^ In a federal system of government in which every state is entitled to the same rights and privileges as each of the others, the principles governing the admission of new states is of the first importance. No circumstances can justify their admission in order to give help to the party in power in a coming election, nor is the exclusion of a territory for political reasons justifiable. The experience of several states has proved the undesirability of uniting within the boundaries of a single state radically dissimilar sections, lor example, in some of the eastern states there has been constant strife between the commercial people of the sea border, the rich farmers of the plains, and the hardy moun- taineers. Where these interests are distinct and fairly per- manent, much dissatisfaction would have been avoided by a different arrangement of state boundaries. ^ According to the Constitution of the United States, "No new State shall be formed or erected within the jurisdiction of any other State, nor [may] any State be formed by the junction of two or more States, or parts of States, with- out the consent of the legislatures of the States concerned as well as of the Congress." PUBLIC LANDS 357 Our Policy Regarding Agricultural Lands 314. Public Land Policy in the Pasi, — The national Great extent government became the owner of extensive public lands of our former when the states ceded their claims to the northwest terri- tory and when new acquisitions of territory were made farther west and in Alaska. Excldsive of Alaskan lands this gave us a public domain ^ estimated at about two and one quarter million square miles, an area greater than that of the present continental United Spates west of the Missis- sippi River. At first these lands were sold in large blocks, usually to Early policy land companies. After 1800 the law permitted the sale of JJ^^^'^^J^ six hundred and forty acres, a section or square mile, to lands, any person at a price of two dollars an acre payable in install- ments. Later the national government authorized the sale of blocks as small as eighty acres, half of a quarter section, at a cash price of not less than one dollar and a quarter an acre. Still later in 1841 a general preemption act was passed. This permitted settlers, heads of families who were citizens or prospective citizens, to occupy eighty or one hundred and sixty acres of public lands before the lands were offered for sale and gave these actual settlers first choice of the new lands at one dollar and a quarter an acre. Not only has the national government been exceedingly Land grants liberal to settlers and others to whom lands have been sold for schools or or distributed, but it has made large grants of land to be sold and the proceeds used for school purposes and pubhc improvements. Since 1848 two sections ^ in each township ^ 1 This land included almost all of the Mississippi basin, with its rich agri- cultural lands and large coal fields; the Cordilleran range and plateau, with valuable deposits of minerals ; and desirable lands on the Pacific slope, including more than three hundred milUon acres of mineral, forest, and other lands in Alaska. ^ Before 1848 one section only was granted. * A township is an area six miles square, divided into 36 square blocks called sections. In surveying public lands, two lines were selected, a hose line and a to railways. 35S THE NEW CIVICS have been granted for public schools, other lands have been set aside for state universities and agricultural schools. Lands have been transferred to the states for the construc- tion of highways, notably the national road from Cumber- land, Maryland, most of the way to the Mississippi River. About the time of the Civil War important grants were made to many western states for railways within their borders. To the Union Pacific corporation and to other transcontinental lines similar grants of alternate sections for about ten miles on each side of the railway were made directly. It is estimated that in the case of at least one transcontinental railway the real value of the land subsidy was much greater than the cost of the entire railway system. 315. Agricultural and Grazing Lands. — Most of the West was settled under the preemption law, which was in force until 1891, or by the Homestead Act, first passed in 1862 and slightly modified later. This law permits any citizen or person who intends to become a citizen to acquire title to a quarter section, 160 acres, of ordinary agricultural land by living on it and cultivating it for a period of five years. Veterans are allowed to deduct the time of actual military service after a year's residence on the homestead. By a law enacted in 1909, homesteads of 320 acres are permitted on which the settler shall cultivate the land ex- tensively for five years. The act applies to non-irrigable lands which have not been set aside as either timber or mineral lands. Under the Desert Land Act, public lands that are non- irrigable, and unsuitable for agriculture, may be acquired in blocks not exceeding 320 acres, on the payment of $1.25 for each acre. Both the original Homestead Act and the Desert Act have been used by speculating corporations to acquire large areas of valuable lands at low figures. Un- Principal meridian. The square blocks were laid out from the intersection of that base line and that meridian. PUBLIC LANDS 359 occupied public lands were formerly fenced by cattlemen, who had the use of these lands without charge. A large amount of fraud, brought to light a few years ago by careful investigations, led to a widespread reform in the adminis- tration of the land laws. 316. The Irrigation Law of 1902. — The culmination of the liberal land legislation of the United States has been the enactment (1902) and the application of a law for the irri- gation of lands which cannot be used for agriculture under natural conditions. The government has planned, and for General character of the work- ^ 5 The Roosevelt Dam. Courtesy of Reclamation Servtee. years has been constructing, great reservoirs in which the spring floods are stored to be used during the summer and fall for irrigating lands which would otherwise be unpro- ductive. This policy applies only to the states or territories in the western part of the country. The scheme is largely self-supporting, as a fund is created by the sale of public land in these states. This money is used to construct dams, 360 THE NEW CIVICS Problems and results. Advantages of our agri- cultural land policy in the past. Disadvan- tages in gen- eral. the lands irrigated from these reservoirs are sold to actual settlers, and the rrioney is placed in the fund for furthei expansion of the work.^ The reclamation service of the Interior Department has achieved remarkable results in discovering districts that might be made arable, in planning and constructing dams amid great engineering difficulties, perhaps hundreds of miles from the territory provided with water. The execu- tion of this plan has involved us in international complica- tions, with Mexico on the lower Rio Grande and the Colorado, because the Mexican supply of water is affected, and with Great Britain on the Montana border. These are but minor incidents in the completion of a plan which will literally *' make the desert blossom as a rose." 317. Significance of Agriculttiral Land Policy. — Nothing has affected more vitally the economic, social, and political development of the United States than the disposal of our agricultural lands. During the years following the Revolu- tionary War the public lands in the West constituted the chief bond of union among the states. In the West the possi- bility of acquiring title to public lands was a very important factor in the rapid development of the section east of the Mississippi between 181 5 and i860, and west of the Missis- sippi after the war for the Union. Our public land policy helped to keep us a nation of small farmers. It aided in the development of a real democracy, which was not simply political, but economic and social as well. It helped us to absorb as "true American citizens the multitudes of foreigners who have come to us. Our public lands were used, however, for the purpose of rapid settlement and immediate economic development, rather than for the public welfare of the future United 1 Work has actually been begun (1916), on more than 35 of these projects and the total cost of work that has been planned is more than one hundred millions. It is expected, however, that the increase in value of the lands brought under irrigation will exceed the entire cost of construction by 50 per cent. The average value of the crops from these lands undoubtedly will amount to one half the original cost of construction. CONSERVATION 361 States. Defective land laws, lax administration of good laws, and extravagant land grants to railways permitted the accumulation of many huge estates or fortunes. Just as the establishment of small farms, three quarters of a century ago, created a West in which political and economic equality were the rule, in later years the land policy devel- oped a class which grew rich and powerful at public expense, through the misapplication or maladministration of these land laws. In parting with its greatest natural asset, its rich agricultural lands, the United States has made a blunder, in so far as the lands did not become the permanent homes of a numerous and thrifty class of small farmers. Conservation 318. Our Forest Policy. — Although the forests of the Problem of United States now cover more than five hundred million American acres, or about one quarter of our total area, it is estimated that, if we continue to cut timber without better methods of reforestation and conservation, our forests will practically be exhausted in less than a half century. The need of protecting our timber lands ^ led in 1891 to National and the enactment of our national law for the preservation of ^^^^^ ^^^^^ forests. Great areas have been added to our forest reserves, especially under President Roosevelt, the total in 191 5 amounting to 163,000,000 acres aside from reserves in Alaska. These reserves contain nearly one third of the entire forest acreage of the United States. Some of the states also have taken considerable interest in forest reser- vation, particularly along the Appalachian mountains as well as in the Mississippi basin. A few of the states have 1 Near the headwaters of streams particular attention is paid to the preserva- tion of forests and plant life, which will conserve the water, forming "sponge- like" reservoirs that prevent the violent spring floods by holding the moisture in the earth. This not only tends to maintain a fairly uniform stream-flow throughout the year, but it prevents the erosion of soil, which is of great value to forestry on the slopes, but is a hindrance to agriculture if it is deposited at the foot of the hills, and a menace to navigation if it is allowed to form bars in the rivers. 362 THE NEW CIVICS Means for public pro- tection of forests. Flood pre- vention and water con- trol. Importance of o;ir avail- able supply of water power. created parks noted for natural beauty and for their forests. Among the national or state parks are those at Niagara Falls, and the Yosemite, the Glacier, and the Yellowstone National Parks. Dangers of forest fire are minimized by the construc- tion of fire breaks on the ridges of the hills, by stringent regulations for campers, and by constant surveillance. Some timber is cut, less for profit than to permit better growth of the remainder. The WESTERN IITED STATES' I- N.JVlEX j;' »•• !— -v^ TEXAS W.im»m.Eng.Co.^N.Y. extension of governmental authority over private owners for the pubUc good must be permitted because of continued losses and dangers due to deforest- ation. 319. Water Conserva- tion and Water Power. — In addition to reforestation of water sheds, simple rock dams are now being used in mountain canons and streams in addition to reservoirs which hold the flood water. This construction work both prevents the heavy losses due to floods and gives a uniform flow of water in the streams during spring and summer for navigation and water supply. Water storage and conservation also insures the cities an adequate supply of water. The growing use of water for power has been characteris- tic of recent years. Our supply of fuels is constantly being diminished, but this " white coal " renews itself from year to year; by its use we are able to conserve mineral fuels. It has been estimated on good authority that the amount of water power " reasonably available equals or exceeds the entire mechanical power now in use, or enough to operate every mill, drive every spindle, propel CONSERVATION 363 every train and boat, and light every town, city, or village in the country." ^ 320. Inland Waterways. — The development of water- interrelation ways is closely related to the subjects of forestation and offo^esta- water conservation which we have just considered. If power, and undertaken at all, it must be through the agency of our waterways. governments, and it must be developed in connection with forestry, storage reservoirs, irrigation, and soU conservation. As Gilford Pinchot says : " Every river is a unit from its source to its mouth. If it is to be given its highest usefulness to all the people and serve them for all the uses they can make of it, it must be developed with that idea clearly in mind. To develop a river for navigation alone, or power alone, or irrigation alone, is often like using a sheep for mutton, or a steer for beef, and throwing away the leather and the wool." ^ About a century ago, before railways became common. Public con- there was a strong movement favoring the development of structionof natural and artificial waterways. A sum far greater than waterway that expended upon canals, however, has been devoted to improve- river " improvement." Some of this has been expended ^^^^' for necessary work, but most of it has been wasted. In central Europe a wise development of waterways has been of great benefit to business. Since the United States possesses better river systems than Europe, we shall be wise to formulate some policy for the systematic development of rivers and canals. This scheme would include reforesta- tion of water sheds, construction of storage dams, improve- Need of a ment of our larger rivers, which could be made important broad con- o . r 1 1 servation commercially, and construction of deeper canals and water- policy, ways from the seacoasts to the interior. 1 It is estimated further that by development our waterfalls will furnish four or five times as much power as is now used in the Ujiited States. In spite of the value of these water powers we have permitted many of our best waterifalls and power sites to be seized by powerful corporations. The national govern- ment, however, has now withdrawn from entry most of the best water sites on a great many streams. 2 It is easy to understand why all navigable rivers are under the control of the national government. 3^4 THE NEW CIVICS Administra- tion of the old coal land Revaluation and conser- vation of lands con- taining min- eral fuels. Mining claims Present problems re- garding min- eral lands. 321. Coal and Other Minerals. — Although the devel- opment of our water power will reduce the demand for mineral fuels, every possible protective measure should be made to conserve our coal, petroleum, and natural gas, the supplies of which can never be renewed. According to the national law of 1864, modified in 1873, coal lands may be sold in sections (640 acres) to an association of four citizens at a price of not less than twenty dollars an acre if near a railway, or ten dollars an acre if distant from transporta- tion. Like most land laws of that day, this coal law was interpreted for the benefit of the purchaser, and lands were sold at the minimum prices. Since 19 10, when Congress withdrew from sale nearly one hundred million acres of coal, petroleum, and phosphate lands, our government has been examining and revaluing coal lands which have been offered for sale at much higher prices than formerly. It has been estimated that, if our coal lands were leased by the government at the low rate of 3 cents a ton, by the time all coal on public lands had been mined, the United States government would have received a total revenue of more than twenty billion dollars. Metallic mineral lands may be taken up by prospectors under a different law, which requires miners to locate claims not more than six hundred feet wide and fifteen hundred feet long, but extending to any depth. Aside from the conservation of mineral deposits on public lands, the present government problems are the prevention of waste in mining, the protection of the public from the great corporations that have gained control of most of the iron and copper deposits, and the protection of the lives and health of miners. 322. The Past and the Future. — The American people should be aroused to the importance and the need of dis- covering those policies that will make the best use of all our natural resources, for the present and for the future. We must learn from our mistakes, and realize the present truth of the words which Albert Bushnell Hart wrote a score CONSERVATION 365 of years ago : ^ " The golden time is past ; our agricultural land Mistakes of is gone; our timber lands are fast going; our coal and min- *^® p^^* eral lands will be snapped up as fast as they prove valuable. There is no great national reserve left in the public lands unless there should be a change in the policy. Should disaster overtake us, we must depend, like other nations, on the wealth of the people and not on that of the government." We have seen in recent years the adoption of a much saner administrative policy in regard to forests and coal lands. The future must bring more radical governmental activity for the conservation of our soil and water, as well as other resources. Especially those most necessary to life should be treated as public utilities, to be protected from The present monopoly control and used without waste for the good of outlook, the public. General References McLaughlin and Hart (eds.), Cyclopedia of American Governmenty III, 51&-527. Hart, Actual Government, 332-380. Hart, Foundations of American Foreign Policy, 134-210. Willoughby, Territories and Dependencies of the United States. Hart, Practical Essays on American Gdvernment, X. Van Hise, Conservation of Natural Resources. National Conservation Commission, Report, 3 vols. Topics Liberty and Governacent in Philippine Islands : Taft, W. H., in Outlook, 71 (1902), 305 et seq.; Jenks, J. W., in Review of Reviews, 26 (1902), 580-588; Willoughby, Territories and Dependencies of the United States, 184-201. Conservation : Ashley, American Federal State (rev. ed.), ch. XXIX ; Coman, Industrial History of the United States (rev. ed.), 375-413 ; Nat. Conservation Commission, Summary of Report; Annals of the American Academy, 3;- (1909), 3-226; Van Hise, Conservation. Care of Coal Resources : Ashley, G. H., in U. S. Geology Survey, Bulletin 424; Michell, G. E., in Review of Reviews, 41 (1910), 193-204; Conference of Governors, Proceedings (1908), 26-39; Van Hise, Con- servation, 23-46. 1 Hart, Practical Essays on American Government, p. 251. 366 THE NEW CIVICS Studies • I. Territorial growth of the United States. Willoughby, Territories and Dependencies of the United States, 27-52. 2. Central government of Porto Rico. Willoughby, Territories and Dependencies of the United' States, 83-107. 3. Land grants to railways. Hart, Practical Essays on Government, 247-249. 4. Operation of the Homestead Law. Van Hise, Conservation, 279- 287. 5. Importance of our agricultural land policy. Bullock, Readings on Public Finance, 64-72. 6. Water conservation. Pinchot, G., in Annals of American Academy, 31 (1908), 219-227. 7. Conservation of water power in the United States. Van Hise, Conservation, 144-161. 8. Proposed improvement of waterways. Van Hise, Conservation, 172-179. 9. Eastern forest reserves. Aores, P. W., in Review of Reviews, 50 (1914) 46-52. Questions 1. What territory has been annexed by joint resolution of the houses of Congress? How does it compare in area with that acquired by treaty? What states, besides the original thirteen, have never been national territories? 2. What are the limits of congressional control over national terri- tory? Is an American resident in Hawaii a citizen of Hawaii? Com- pare the degree of popular government in the Philippines, in Hawaii, and in this state. 3. When was this state admitted to the Union? Were any limita- tions placed upon it at that time ? What is the value of the school lands or the amount of the fund created by the sale of the lands? Does the United States still hold the title to any public lands in this state? Name any public buildings, forts, or reservations in this vicinity belonging to the national government. 4. How may a homestead be secured? Who pays for the huge reclamation projects in the West? Give merits and defects of our agri- cultural land policy. If our government had retained good agricultural lands, what should it do with them now? 5. What is a forest reserve? Where are forest reserves most valu- able? Show the close interrelation between forests, water power, and waterways. 6. Where are the coal beds nearest to us? Are they owned by the government? Why might it be desirable to rent coal beds, using some of the land above the beds for agriculture? CHAPTER XIX FOREIGN RELATIONS Diplomatic Relations and Problems 323. International Relations in General. — The relations of civilized nations to one another are determined by long- standing customs or definite general agreements. The name international law is given to this code of rules and usages which define the rights of nations in their ordinary dealings with one another. These rules specify the course which two powers at war are supposed to follow in their dealings with each other, these nations being called belligerents. They define the rights of other nations, or neutrals^ and pre- sumably protect them from unfriendly acts of the belligerents. In time of peace they permit the migration of citizens of one country to others, and allow foreign trade to be carried on. As there is no international government to make, enforce, or interpret these rules, they are often indefinite and laxly observed. Every nation depends for its protection and the promotion of its interests chiefly on its international prestige, on the treaties made through the skill of its foreign represen- tatives, on the size of its army, and the strength of its navy. Without these protectors it may be browbeaten and sub- jected to humiliations, as we were during the Napoleonic wars a century ago, or as many neutral states, petty or powerful, are to-day. If it has the misfortune to be in- habited by barbarous or semibarbarous peoples, it may find that it has no rights which the civilized nations are bound to respect. 324. American Influence on World Peace. — From the beginning of her history the United States has exerted her 367 Interna- tional rela- tions defined through in- ternational law. Protection of national rights. 368 THE NEW CIVICS American efforts to protect neutrals. Interna- tional arbi- tration. America and the future of world peace. influence to secure the rights of neutrals against the aggres- sions of belligerents. The proclamation of neutrality, issued by Washington (1793) during the war between the French and EngUsh, furnished not only an example of firm and moderate action under trying circumstances, but was a model copied by older nations that wished to declare their neutrality. Since the outbreak of the Great War, the United States has been more definitely than ever before the champion of neutrals. She held (to 191 7) a difiicult and rather consistent course between the " allies " which were endeavoring, by control of the sea and blockade, to force the " central empires " into submission, and the central empires, which were seeking, by submarine and other new means of warfare, to break the food blockade and to keep in touch with the out- side world. The United States has long been an advocate of arbitra- tion as a means of solving international difficulties, and has used that method repeatedly since the adoption of the Con- stitution, especially in the settlement of disputes with Great Britain. For several years before 1908, however, progress in international arbitration was delayed by the desire of the United States Senate to increase its share in the making of arbitration treaties. Since 1908, through the influence of Presidents Roosevelt and Taft and Secretary of State Bryan, a large number of arbitration treaties have been made. Americans have been very active in the promotion of peace by holding national conferences, by seeking to keep peace in the western hemisphere, and by securing a second Peace Conference at the Hague in 1907. As the only great power with direct access to both the Atlantic and the Pacific, as the most disinterested spectator of European political maneuvers, and of contests in the Orient for territorial, po- litical, ox commercial advantage, the United States will un- doubtedly have in the future a still greater share in the maintenance of the world's peace. 325. The Monroe Doctrine. — The messages of several Presidents have been the means of announcing new foreign DIPLOMATIC RELATIONS 369 policies, which have been reaffirmed by subsequent adminis- trations. President Monroe's regular message of Decem- ber, 1823, and President Cleveland's special message dealing with the Venezuela controversy (1895), have rather clearly defined the attitude of the United States toward the nations of the Old World in their deaUngs with those of the New. It is well to bear in mind that the Monroe Doctrine, which is recognized and respected almost as a part of international law, is nothing more than the policy of the executive depart- ment of our national government developed through three generations.^ In spite of a certain indefiniteness, the Monroe Doctrine may be said to include the following principles. No Euro- pean power can colonize any American territory, with or without the consent of the American republic whose territory is taken ; no great European power shall, decide territorial controversies with the weaker American states to its own advantage ; no one of the great nations may occupy or retain the territory of a republic of this continent to guarantee the payment of debts owed in Europe. On the other hand, we do not object to the use of force, if necessary, to collect debts that a Spanish- American state may refuse to pay, nor do we interfere in ordinary disputes between the nations of the Old World and the New, although we always offer our services in the settlement of the controversy. During recent years there has been considerable interest in what might be called the Pan-American Doctrine. • In a much narrower and truer sense than the Monroe Doctrine ^ As the Monroe Doctrine is the pohcy of the President of the United States, it varies with each executive. President Roosevelt favored a very great exten- sion of the doctrine. Other chief executives have wished to restrict it. Con- tinued misgovernment in a Latin-American repubUc, coupled with interference with foreigners and foreign property rights, certainly calls for supervision by the United States, as Roosevelt insisted, or for interference by European powers if American diplomacy and moral suasion fail. Unfortunately the more pro- gressive Latin-American countries fear Uncle Sam's interference more than that of Europe. The Monroe Doctrine arouses the hostility of these people and interferes with their friendship for us and their trade with us. We must expand the doctrine, or we must limit it to unwarranted interference by Europe, or we must abandon it. Original and later an- nounce- ments of the United States. Principles of the present Monroe Doctrine. The Pan- American Doctrine. 370 THE NEW CIVICS Process of negotiating treaties. The Senate and the rati- fication of treaties. Use of treaties in the acquisi- tion of terri- tory. it advocates the idea of " America for Americans." It seeks to create solidarity of interests, especially commercial and international, among the republics of the north and south American continents. 326. The Making of Treaties. — The foreign policy of the United States depends to a very great extent upon the wishes of the President, although he does all of his business with other nations through the Department of State, and is com- pelled to gain the consent of two thirds of the Senate before any treaties take effect. The actual negotiation between the United States and a foreign power is conducted by our Sec- retary of State in Washington (§ 236), or by our ambassador at the capital of the nation interested. The provisions of a treaty of peace at the close of a war are usually arranged at the capital of some neutral nation, both contestants being represented by special envoys plenipotentiary. In order that a treaty may not be rejected by the Senate, the executive department is accustomed to consult the leaders of the Senate Committee on Foreign Relations. The Senate never hesitates to reject the whole or part of a treaty or to amend any section. If the change is relatively unimportant, it will usually be approved by the foreign government, other- wise negotiations are broken off entirely or begun again as for an entirely new treaty.^ Many Presidents, through the exercise of the right to make treaties, have won fame for themselves, and given oppor- tunity for national development, by acquiring new territory. This expansion has added greatly to the power of the national government, not only through the prestige gained for the President by acts of such far-reaching importance, but on account of the increased use of executive and congressional authority in governing the new territories (§§ 309-311). 1 Although treaties are made without consulting the House of Representa- tives, they are as much a part of the supreme law of the United States as statutes passed by the Congress. A treaty supersedes a previously existing statute with which it is in conflict, although it may in turn be abrogated by a later law. If a treaty deals at all with questions of finance, the injustice of not consulting the House is evident, and the more popular chamber may refuse to grant appro- priations to carry such a treaty into effect. NATIONAL DEFENSE 37I National Defense 327. The Need of Preparedness. — One of the most The problem serious of all national problems is that of defense against of prepared- other powers. Before the Great War the nations of con- roS before tinentai Europe were obliged to maintain large standing 191 4- armies on account of their nearness to one another. Before 19 14 England did not believe in a large standing army, although her most able military leader of the early twentieth century, Lord Roberts, had shown the necessity of conscription for real military preparedness. On the other hand, England, because of her insular position and her numerous scattered colonies, had placed great dependence upon her navy. While her continental neighbors were vying with one another in the size of their armies and the number of their reserves ready for instant use, England sought almost with frenzy to keep her navy nearly twice as large as that of any other power. The United States, having no powerful neighbors, has Lessons of given the subject little thought until recent years. The tj|e Great advantage of adequate military and naval preparedness for America, war, as a preventive of war or as a means of successful protec- tion if attacked, has been emphasized many times in the half century just closed. Since events of recent years have proved that international faith is kept no better among modern civilized nations than it was a century or two ago, we must not be blinded by our desire for peace, by our de- termination to keep peace, or by the establishment of peace conferences and courts such as those at the Hague. Events since 19 14 prove that in case of a great international conflict, it is not easy for the most peaceable neutral, even at a distance, to keep out of war. Congress has the sole right of declaring war, of raising an MiUtary army, and of creating a navy, and of maintaining the militia. Pp^^^^ of As the President is commander in chief of the army and the Presi- navy, he may bring on war not only through diplomatic dent, negotiations, but through forceful invasion of an enemy's 372 THE NEW CIVICS Standing armies in the past and at present. Raising an army during the Great War. territory or infringement of their rights. In time of war no President has ever taken personal command of our miHtary forces. 328. The Army. — Until recent years public sentiment in the United States has favored a small standing army. In the eighteenth century fear of military despotism caused our forefathers to insert in the Constitution the clause which permits Congress to vote money for an army for a period not longer than two years. In the nineteenth century the army included not more than 25,000 men ; after 1901 the maximum was 100,000. By the law of May, 1916, the regular army was increased to two hundred and eight thousand, with arrangements for reserves and for a larger force in time of war.^ After the war broke out in April, 191 7, the question arose, should we depend upon a volunteer system or have a selective draft. The latter plan was favored and was adopted in May, 191 7. The first selective service law provided that the national army should be organized from those able-bodied young men, without dependents, who were not less than twenty-one or more than thirty. They were divided into five classes, according to the number of their dependents and the character of their work. As provided by the " work or fight '^ provision, some were assigned to the army and others were expected to engage in essential industries. In August, 191 8, a second selective service law was passed, which provided for the registration of all other men between eighteen and forty-five inclusive. From the first group a national army of more than two million was created, supplemented by a regular army and a volunteer army of more than a million others. By 1920, the army had been returned again to a peace footing and a standing army of only 280,000 including the Philippine scouts. The value of an army depends far more upon its organi- zation, training, and equipment than upon its size. Quite as ^ When war occurs the regular force is supplemented by volunteers who enlist usually for a term of three years or for the period of the war. During the Civil War the enlistments numbered 2,859,132, chiefly volunteers, from a loyal popu- lation of a little more than twenty million. NATIONAL DEFENSE 373 important is the skill of the officers and the organization of Training of the General Staff (§236). Since 1802 officers have been j^i^^ary trained for the American army at the West Point Military Academy.^ Other officers are trained in different schools, and civilian camps have recently been established at which the rudiments of mihtary tactics have been taught. 329. The Militia. — In colonial times the men of the Dependence village met on the village " green " or " common " for drill. ?^ ^ "^^i^ At the beginning of the Revolutionary War the colonial ^^ ^ ^^^ * militia, known as the " minute men," were first in the field. When the Civil War broke out, President Lincoln immedi- ately called upon the states for seventy-five thousand militia- men. Later he asked for four hundred thousand men. We can see from these statements that the American people have favored a militia and have made use of militia in time of emergency .2 Under the law of 191 6 the militia is organized as a definite MiUtia supplement to the national army, and they may be drafted ^t^p^ent^^ into the regular army. Even if they remain a militia force, they may be called upon by the President to suppress in- surrections and repel invasions, for they are subject to the same rules as the regular soldiers, except that they may be kept in service only nine months in the year. 330. Naval Defense. — Because of our geographical situa- tion and our lack of powerful neighbors, we place depend- ence upon a navy rather than upon an army. The long coast line with fine harbors giving entrance to our largest cities, our interests in the Canal Zone on the borders of the Caribbean, a sea of great future importance, our depend- 1 Each congressional district or territory is permitted to send one cadet, who is named by the representatives when a vacancy occurs; two are appointed by the senators from every state, and forty are selected by the President from the country at large. After a four years' course, graduates of the academy are granted commissions as second lieutenants in the regular army. 2 Theoretically this branch of the miUtary service includes all able-bodied men between the ages of eighteen and forty-five, a total of more than thirteen million. Only a little more than one per cent of these, however, are enlisted regularly and under discipline. They form the actual militia, known as the national guard of the United $tates, and are in no sense a reserve army. 374 THE NEW CIVICS T' 1 HV ^^^ © Underwood and Underwood. Scene at the Annapolis Naval Academy. encies in mid-Pacific and at the gateway of the Far East; all these require naval and coast defenses of superior char- acter.^ If navies are desirable at all, no other country save The Battleship Nevada. © E. Mtaier, Jr. 1 To facilitate the movements of the navy, naval stations have been estab- lished at various places with intermediate coaling stations. A hundred million dollars have been spent for the construction of docks and navy yards, the latter NATIONAL DEFENSE 375 England requires so great a navy as the United States of America. In these days, when an ordinary war can be fought in Someprob- one third of the time in which a battleship can be constructed, ^^^^ of naval if we are to have a navy, there seems to be no alternative ness. but the constant construction of great fighting machines, which improvements will make obsolete within a few years. E. Muller, Jr. Firing a Torpedo from a Destroyer. As we are no longer a seafaring people and have no large merchant marine, we usually lack sailors and colliers in time of war. These needs must be considered. Modern wars are fought chiefly by engineers ; therefore our engineers, in case of war, should not be inferior to those of any opponent. Since 1845 we have had a naval academy at Annapolis, Maryland, for the training of officers. Many of our seacoast being now equipped for building war vessels, including battleships. We now have also a government plant for the manufacture of armor plate. 376 THE NEW CIVICS Land axid water pro- tection. states have in addition a naval militia, and during recent years many civilians have interested themselves in naval affairs. 331. Coast Defense. — In theory, at least, our preparation for war has been undertaken with a view to avoiding future conflicts. This has made it especially necessary to defend our coasts, because of the great value of the property that might be destroyed by hostile vessels. At all prominent sea- ports, some forms of coast defense are provided. The most important of these are the coast defense vessels, which may be heavily armored monitors or float- ing batteries, and the land batteries. The channels are well guarded by tor- pedoes or submarine mines, controlled from the nearest fort or battery by means of electricity. The most powerful weapon of coast defense is the submarine. Of course many harbors are totally undefended, or so inader quately that a fleet could reduce the defenses without difficulty, but we should keep in mind the fact that undefended ports may not be bombarded, according to international law. 332. Pension Legislation. — Control of military affairs demands not only consideration of possible future wars, but reparation for past conflicts.^ National honor requires that 1 The pension policy of the United States has passed through two periods. Before 1890, only those who had been actually disabled in service, or who had been left destitute by the death in war of the wage earner of the family, received pensions. Since 1890, any soldier who suffered the loss of even a finger in battle, or has since become unable to provide for himself, can be placed on the pension list. By the law of 1907 pensions of $12 or more are given to all old soldiers over sixty-two years of age, increasing to $20 at seventy-five years. In 1915 pensioners numbered 748,147, and the expenditures were $164,387,941. © International FUm Service, Inc., N. Y. Coast Defense Battery. NATIONAL DEFENSE 377 the families of those soldiers who gave their lives for their country in the time of its extremity shall not be left to suffer for want of the necessaries of existence. Congress has, in fact, done much more. Any soldier or seaman who ' © Vnderwooa and Underwood. Gathering of Veterans for Gettysburg Reunion (1913). enlisted in the Civil War, and who is now unable to earn a livelihood, may receive a monthly pension from the govern- ment. Old-age pensions are also given to soldiers, irrespec- tive of their disability. Numerous soldiers' homes, besides special sanatoriums, are provided for aged or invalid veterans. During the Great War a compensation plan was adopted. (see § 269). In case a soldier died or was disabled, special extra monthly payments were made to his dependents. 333. The Problem of Military Preparedness. — As indi- cated above, preparedness to-day is different from prepared- ness a few years ago. Whatever may be the ultimate in- fluence of the Great War, it has proved conclusively that a little preparedness is a dangerous thing. While we Need of pre- paredness. 378 THE NEW CIVICS True de- ments of military pre- paredness. Real pre- paredness as a means of securing world peace. Some things which war has done for civilization. are not threatened by near and dangerous neighbors, never- theless, so long as international faith seems to be kept only with the strong, if we are to be prepared in case of war, we should be effectively and thoroughly prepared from a mili- tary and naval point of view. It is said that, if we have a finer navy and a larger army, we shall be tempted to engage in war. If we must choose between two evils, unprepared- ness or the possibility of war in which we are the aggressors, let us choose the lesser evil. Military preparedness does not consist chiefly in an army or in fine battleships. Modern wars are far more affairs of engineers and of munitions than they are of fortresses and warships. One modern cannon with trained men " behind the gun " will accomplish ten times as much as a cannon manned by ignorant officers and unskilled gunners. All wars have proved that raw troops are no match for a much smaller number of veterans. In short, military preparedness con- sists far more in the quality and the thoroughness of the preparation than in the amount. Military preparedness may or may not be a part of real preparedness (§ 334). Real preparedness will guarantee safety if trouble is forced upon us; it will enable us to work more effectively for peace. If we are prepared, we can help the neutrals of the world to organize a league which shall protect their rights and secure permanent peace. Possibly we may be able to lead the way toward some international government which will organize all civilized Christian nations into a league or state for the purpose of keeping the peace of the world. Such a league must be adequately organized; it should have a police force, a strong axmy, and authority to uphold the law which must not be broken by greedy financiers, unscrupulous politicians, and ambitious nations. 334. Real Preparedness. — Much as we dislike war and shrink from the horrors and inexcusable destructiveness of war, we must admit that wars, even in modern times, have done something toward advancing civilization. War is NATIONAL DEFENSE 379 often a modern miracle worker. There are people who in peace were lazy, selfish, and extravagant, living useless lives, satisfied with themselves, and content to forget the hardships which others suffered and the injustice of the social and economic order under which they lived. War came, and these people, forgetting self, foregoing leisure and luxury, made sacrifices for home ,and country which have made them better men and women individually, and which made their nation great. Reformers had pleaded, business men had urged, physicians had contended that liquor was an evil and a menace to modern society, yet war, which accepts no efficiency except the highest, did more for the suppression of the European liquor traffic in one year than moralists, scientists, and employers had accomplished in the preceding generation. War must not be a greater civilizing agency than peace. Why peace If our schools give a slipshod, half-hearted education, abso- "JJ^ghmoTe"^ lutely lacking in thoroughness ; if our industrial life is noted than war. for its inefficiency, its poor methods, and its lack of results ; if society is divided into classes in which a few have all the wealth, power, influence, and rights, while the many bear all the burdens and meet with nothing but injustice; then peace rather than war is the failure. We read with horror of men shot down brutally in great masses, yet some of us have never given a thought to the army of workers that every week give up their lives as victims of modern economic prog- ress. In a single year, in this civilized country of ours, five times as many people are killed in industry as fell on both sides at the great three days' battle of Gettysburg. But this is not all. The injured victims of our industrial system number considerably more than a million every year ; few European countries had as large an annual list of wounded soldiers in the Great War. Real preparedness is a process of more thorough prepara- Prepared- tion, of greater efficiency in the school, in the office, and in p^^^ to^^r- the shop, of better character. It will not be content with sonai and selfishness, personal or national, nor will it be satisfied with national a patriotism of peace one whit less true and whole-hearted ^^^ ^^^* 380 THE NEW CIVICS than the patriotism evoked by war. It demands that wci give thought, and ever more thought, to our country and its problems, for our country and its needs. General References Hart, Actual Government, 430-445, 459-480. Curtis, The United States and Foreign Powers. Coolidge, The United States as a World Power. Schuyler, American Diplomacy. Foster, The Practice of Diplomacy. Huidekoper, Military Unpreparedness of the United States. Topics America as the Champion of Neutrals : Schuyler, American Di- plomacy, 367-398; Foster, Century of American Diplomacy, 93, 154-157, 347-349; American Year Book (1915), 1-69. The American Navy : Meyer, G. von L., in Scientific American, 112 (1915), 339-340, 359-360; Reinsch, Readings in American Federal Gov- ernment, 628-650; Tardy, W. B., in Engineering Magazine, 41 (1911), 545-568; Edwards, J. R., in Engineering Magazine, 50 (1915), 173-194; Fiske, B. A., in World's Work, 33 (1917), 256-275. Preparedness: Garrison, L. M., in North American Review, 201 (1915), 833-840; Oskison, J. M., World's Work, 2g (1915), 447-469; Roosevelt, T., in Everybody's, 32 (1915), 120-128; Haines, C. O., in North American Review, 202 (1915), 385-394; Garfield, H., America's Opportunities and Obligations; Huidekoper, Military Unpreparedness of the United States, 524-536. Studies 1. Duties of belligerent states toward neutral states. Lawrence, Principles of International Law, 500-517. 2. Selection of diplomats. Foster, Practice of Diplomacy, $^-54. 3. Immunities of diplomats. Foster, Practice of Diplomacy, isg-ij^^. 4. Negotiation of treaties. Beard, Readings in American Govern- ment and Politics, 297-302. 5. Recognition of a new government. Bea-rd, Readings, $02-^0$. 6. Military laws and procedure. Beard, Readings, 308-322. 7. Signal corps in war time. Greely, A. W., in Century Magazine, 66 (1903), 811-826. 8. Promotion in the army. Parker, J. H., in Forum, 33 (1902), 151- 159. 9. General Stafif. Carter, W. H., in North American Review, 175 (1902), 558-565. NATIONAL DEFENSE 381 10. New Naval Academy. Wainwright, R., in World^s Work, 4 (1902), 2269-2285; Worthington, W. F., in Engineering Magazine, 32 (1907), 844-859. 1 1 . Defense of the Pacific coast. Dutton, A. H, , in Overland Monthly, 50 (1907), 199-207. 12. Waterway defenses of the Atlantic coast. Roe, W. J., in Popular Science Monthly, 69 (1906), 530-538. Questions 1. Compare the rights of neutrals in relation to belligerents with the obligations of neutrals toward belligerents. 2. Give reasons why the United States has developed into a world power. What has the United States done for the protection of neutrals? for the development of world peace? 3. State the principles of the original Monroe Doctrine; of the Monroe Doctrine at present. 4. Name at least four representatives of the United States at foreign courts. Name two foreign ambassadors at Washington. Give some account of at least two of these men. Are there any consuls of foreign powers in the city in which we live? 5. Why is naval preparedness important to America? What is the purpose of the West Point Military Academy? What is the value of a militia to-day ? 6. Look up the number of vessels of each class in the navy. Com- pare the navy with that of Germany ; with that of Japan. What is the difference between a battleship and a battle cruiser? between a battle cruiser and a protected cruiser ? between a cruiser and a torpedo boat ? between a destroyer and a submarine? 7. Why is military preparedness a matter of engineering, of training, of munitions and of finance rather than of soldiers? Why is real pre- paredness a matter of thoroughness and excellence in all of the arts of peace ? What reforms in present conditions are necessary to develop real preparedness? APPENDIX A. CONSTITUTION OF THE UNITED STATES We the people of the United States, in Order to form a more Pream- perfect Union, establish Justice, insure domestic Tranquility, pro- blk. Ob- vide for the common defence, promote the general Welfare, and ^^ ^".. ^ secure the Blessings of Liberty to ourselves and our Posterity, tion. do ordain and establish this Constitution for the United States of America. Article. I. Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. [1] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. [2] No Person shall be a Representative who shall not have at- tained to the age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. [3] [Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and exclud- ing Indians not taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall 383 CONQRESS. Two bouses. House of Represen- tatives. Term and election. Qualifica- tions — age, citi- zensbip, residence. Method of apportion- ing repre- sentatives. (Part in brackets super- seded by Sec. 2 of Amend- ment XIV.) Cenaufi 384 THE NEW CIVICS Tempo- rary appor- tionment. Vacancies. Officers. not exceed one for every thirty Thousand, but . each State shall have at least one Representative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five. South Carolina five, and Georgia three. [4] When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Elec- tion to fill such Vacancies. [5] The House of Representatives shall chuse their Speaker and other Officers ; and shall have the sole Power of Impeachment. Senate. Election and term. Division of Senators into three Vacancies. Qualifica- tions — age, citi- zensiiip, residence. Vice-presi- dent. Officers. Trial of impeach- ments. Section 3. [1] The Senate of the United States shall be com- posed of two Senators from each State, chosen by the Legislature thereof, for six Years ; and each Senator shall have one Vote. [2] Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year ; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Va- cancies. [3] No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. [4] The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. [5] The Senate shall chuse their other Officers, and also a Presi- dent pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. [6] The Senate shall have the sole Power to try all Impeach- ments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, APPENDIX 385 the Chief Justice shall preside : And no Person shall be convicted without the Concurrence of two thirds of the Members present. [7] Judgment in Cases of Impeachment shall not extend further Judgment than to removal from Office, and disqualification to hold and enjoy 1° <^*^®J^*** any Office of honor, Trust or Profit under the United States : but ment. the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4. [1] The Times, Places and Manner of holding Elec- Both tions for Senators and Representatives, shall be prescribed in each j?*^^*^*- State by the Legislature thereof; but the Congress may at any places' and time by Law make or alter such Regulations, except as to the method of Places of chusing Senators. electing [2] The Congress shall assemble at least once in every Year, and ^?^ ^^^' such Meeting shall be on the first Monday in December, unless they meeting, shall by Law appoint a different Day. Section 5. [1] Each House shall be the Judge of the Elections, Member- Returns and Qualifications of its own Members, and a Majority of f ^P regu- each shall constitute a Quorum to do Business ; but a smaller Num- Quorum, ber may adjourn from day to day, and may be authorized to compel the attendance of absent Members, in such Manner, and under such Penalties as each House may provide. [2] Each House .may determine the Rules of its Proceedings, Rules of punish its Members for disorderly Behaviour, and, with the Con- ®^^h currence of two thirds, expel a Member. [3] Each House shall keep a Journal of its Proceedings, and Journals, from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. [4] Neither House, during the Session of Congress, shall, without Special the Consent of the other, adjourn for more than three days, nor to adjourn- any other Place than that in which the two Houses shall be sitting. Section 6. [1] The Senators and Representatives shall receive a Members. Compensation for their Services, to be ascertained by law, and paid Compen- out of the Treasury of the United States. They shall in all Cases, sation and 'nriviiGffGS except Treason, Felony, and Breach of the Peace, be privileged ^f ^0^- from Arrest during their Attendance at the Session of their respec- ters. tive Houses, and in going to and returning from the same ; and for 386 THE NEW CIVICS Disabili- ties of members. Bills and resolu- tions. Revenue bills. Veto of President on bills. any Speech or Debate in either House, they shall not be questioned in any other Place. [2] No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time ; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7. [1] All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. [2] Every Bill which shall have passed the House of Represen- tatives and the Senate, shall, before it become a Law, be presented to the President of the United States ; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. [3] Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Rep- resentatives, according to the Rules and Limitations prescribed in the Case of a Bill. Powers of Section 8. The Congress shall have Power [1] To lay and Congress, collect Taxes, Duties, Imposts and Excises, to pay the Debts and Veto on resolu- tions. APPENDIX 387 provide for the common Defence and general Welfare of the United States; but all duties, Imposts and Excises shall be uniform throughout the United States; [2] To borrow Money on the credit of the United States; [3] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; , [5] To coin Money, regulate the Value thereof, and of foreign Coin,*and fix the Standard of Weights and Measures; [6] To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; [7] To establish Post Offices and post Roads; [8] To promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries ; [9] To constitute Tribunals inferior to the supreme Court; [10] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; [11] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; [12] To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; [13] To provide and maintain a Navy; [14] To make Rules for the Government and Regulation of the land and naval Forces; [15] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions ; [16] To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respec- tively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congi-ess. [17] To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Taxation. Borrow- ing. Regulat- ing commerce. Natural- ization and bank- ruptcy. Coins, weights, and measures. Counter- feiting. Post offices. Patents and copy- rights. Inferior courts. Piracies. War. Army. Navy. Land and naval forces. Militia, in service. Militia, organiza- tion Seat of govern- ment, and stations. 388 THE NEW CIVICS Supple- mentary legisla- tion. Legislature of the State in which the Same shall be, for the Ereo tion of Forts, Magazines, Arsenals, dock- Yards, and other needful Buildings ; — And [18] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Pow- ers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Limita- tions on powers of Congress. Slave trade. Habeas corpus. Bills of attainder and ex post facto laws. Direct tax. Tax on exports. Uniform commer- cial regu- lations. Finance. Titles of nobility and presents. Limita- tions on powers of States, Section 9. [1] The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. [2] The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. [3] No Bill of Attainder or ex post facto Law shall be [4] No Capitation, or other direct, tax shall be laid, unless in Proportion to the Census or Enumeration hereinbefore directed to be taken. [5] No Tax or Duty shall be laid on Articles exported from any State. [6] No Preference shall be given by any Regulation of Com- merce or Revenue to the Ports of one State over those of another : nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. [7] No money shall be drawn from the Treasury, but in Conse- quence of Appropriations made by Law ; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. [8] No title of Nobility shall be granted by the United States : And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present. Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section 10. [1] No State shall enter into any Treaty, Alliance, or Confederation J grant Letters of Marque and Reprisal: coId APPENDIX 389 Money; emit Bills of Credit, make any Thing but gold and silver Specific Coin a Tender in Payment of Debts ; pass any Bill of Attainder, prohibi- ex post facto Law, or Law impairing the obligation of Contracts, *^®°®* or grant any Title of Nobility. [2] No State shall, without the Consent of the Congress, lay any Limita- Imposts or Duties on Imports or Exports, except what may be tionson absolutely necessary for executing it's inspection Laws : and the ^"*P^^^* net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. [3] No State shall, without the Consent of Congress, lay any Prohibi- Duty of tonnage, keep Troops, or Ships of War in time of Peace, tions re- enter into any Agreement or Compact with another State, or with °ipy^^^^ i! • T. . ^xT T . n . 1 -. . with con- a foreign rower, or engage in War, unless actually invaded, or in gent of such imminent Danger as will not admit of delay. Congress. Article. II. Section 1. [1] The executive Power shall be vested in a Presi- Presi- dent of the United States of America. He shall hold his Office ^=^^- during the Term of four Years, and, together with the Vice Presi- Presiden- dent, chosen for the same term, be elected, as follows : tial elec- [2] Each State shall appoint, in such Manner as the Legislature tors and thereof may direct, a Number of Electors, equal to the whole Num- ™®* ? ® ber of Senators and Representatives to which the State may be president entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [The electors shall meet in their (Part in respective States, and vote by ballot for two Persons, of whom one ^^^ackets at least shall not be an inhabitant of the same State with them- g^ded by selves. And they shall make a List of all the Persons voted for, XII and of the Number of Votes for each ; which List they shall sign amend- and certify, and transmit sealed to the Seat of the Government of '' the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed ; and if there be more than 390 THE NEW CIVICS Dates of elections. Qualifica- tions, citi- zenship, age, and residence. Presiden- tial suc- cession. Compensa- tion. Oath of office. one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President ; and if no Person have a Major- ity, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by Slates, the Representation from each State having one Vote ; A quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the Staces shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice Presi- dent. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.] [3] The Congress may determine the Time of chusing the Elec- tors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. [4] No Person except a natural born Citizen, or a citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President ; neither shall any Per- son be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. [5] In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability, both of the President and Vice President, declaring what Officer shall then act as Presi- dent, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. [6] The President shall, at stated Times, receive for his Ser- vices, a Compensation, which shall neither be encreased nor dimin- ished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. [7] Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." APPENDIX 391 Section 2. [1] The President shall be Commander in Chief of Towers of the Army and Navy of the United States, and of the Militia of the President, several States, when called into the actual Service of the United States ; he may require the Opinion, in writing, of the principal Military, Officer in each of the executive Departments, upon any Subject super- relating to the Duties of their respective Offices, and he shall have judicial. Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. [2] He shall have Power, by and with the Advice and Consent In treaties of the Senate, to make Treaties, provided two-thirds of the Sena- *°^ \^ tors present concur ; and he shall nominate, and by and with the ments. Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be estab- lished by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. [3] The President shall have Power to fill up all Vacancies that Tempo- may happen during the Recess of the Senate, by granting Com- '^^y. missions which shall expire at the End of their next Session. ments. Section 3. He shall from time to time give to the Congress Legisla- Information of the State of the Union, and recommend to their *^^® powers. Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers ; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section 4. The President, Vice President and all civil Officers Liability of the United States, shall be removed from Office on Impeach- ^^ ment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. impeach- ment. Article. III. JUDICI- Section 1. The judicial Power of the United States, shall be art. vested in one supreme Court, and in such inferior Courts as the Courts. 392 THE NEW CIVICS Judges : term and compen- sation. Jurisdic- tion. Original and appellate jurisdic- tion of Supreme Court. Jury trial. Place of trial. Treason : definition, punish- ment. Congress may from time to time ordain and establish. The, Judges, both of the supreme and inferior Courts, shall hold their OflBces during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section 2. [1] The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ; — to all cases affecting Ambassadors, other pub- lic Ministers and Consuls; — to all cases of admiralty and maritime Jurisdiction ; — to Controversies to which the United States shall be a party ; — to controversies between two or more States ; — {J)e- tween a State and Citizens of another State^, — between Citizens of different States — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or subjects. [2] In aU Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. [3] The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury ; and such Trial shall be held in the State where the said Crimes shall have been committed ; but when not com- mitted within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3. [1] Treason against the United States, shall con- sist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. [2] The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Article. IV. Nation AND Section 1. Full Faith and Credit shall be given in each State Status. to the public Acts, Records, and Judicial Proceedings of every APPENDIX 393 other State. And the Congress may by general Laws prescribe Interstate the Manner in which such Acts, Records and Proceedings shall be comity, proved, and the Effect thereof. Section 2. [1] The Gitizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. [2] A Person charged in any State with Treason, Felony or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. [3] No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section 3. [1] New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as weU as of the Congress. [2] The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States ; and nothing in this Con- stitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion ; and on Application of the Legis- lature, or of the Executive (when the Legislature cannot be con- vened) against domestic Violence. Interstate citizen- ship. Extradi- tioD of criminals. Fugitive slaves. Admission of new States. Govern- ment of national territory. Protection of States. Article. V. The Congress, whenever two thirds of both Houses shall deem it ^^^j. necessary, shall propose Amendments to this Constitution, or, on Constitu- the Application of the Legislatures of two thirds of the several tion. States, shall call a Convention for proposing Amendments, which, in either Case^ shall be valid to all Intents and Purposes as Part of 394 THE NEW CIVICS this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Sec- tion of the first Article ; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. MlSCBIr- LANEOUS. Preexist- ing nation- al debt. Suprem- acy of Constitu- tion, treaties, and na- tional law. Oaths of national and state officials. Article. VL [1] All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. [2] This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. [3] The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Con- stitution; but no religious Test shall ever be required as a Quali- fication to any Office or public Trust under the United States. Article. VII. Ratifica- The Ratification of the Conventions of nine States, shall be suffi- TioN. cient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names, G" Washington- Presidt. and Deputy from Virginia [and thirty eight members from all the States except Rhode Island.] APPENDIX 395 ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED . BY THE LEGISLATURES OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGI- NAL CONSTITUTION. [Article I*] P^hibi- Congress shall make no law respecting an establishment of reli- Jj®°® ®° gion, or prohibiting the free exercise thereof ; or abridging the res^ctinfi freedom of speech, or of the press ; or the right of the people religion, peaceably to assemble, and to petition the Government for a redress speech, of grievances. f ° the press. [Article II ^J A well regulated Militia, being necessary to the security of a Right to free State, the right of the people to keep and bear Arms, shall not bear arms, be infringed. [Article III^] No Soldier shall, in time of peace be quartered in any house, Quarter- without the consent of the Owner, nor in time of war, but in a ing of manner to be prescribed by law. soldiers. [Article IV*] The right of the people to be secure in their persons, houses. Right of papers, and effects, against unreasonable searches and seizures, search, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [Article V*] No person shall be held to answer for a capital, or otherwise Protection infamous crime, unless on a presentment or indictment of a Grand of accused in criminal 1 First ten amendments proposed by Congress, Sept. 25, 1789. Pro- cases, claimed to be in force Dec. 16, 1791. 396 THE NEW CIVICS Rights of accused regarding trial. Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensa- tion. [Article VI*] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which dis- trict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence. Jury trial in law- suits. Bail and punish- ment. Unenu- merated rights. Undelega- ted pow- [Article VII*] In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. [Article VIII *] Excessive bail shall not be required, nor excessive fines imposed^ nor cruel and unusual punishments inflicted. [Article IX*] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [Article X*] The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 1 First ten amendments proposed by Congress, Sept. 26, 1789. !•«►• claimed to be in force Dec. 15, 1791. APPENDIX 397 Article XI ^ The Judicial power of the United States shall not he construed Exemp- to extend to any suit in law or equity, commenced or prosecuted tion of against one of the United States by Citizens of another State, or ^***®^ . by Citizens or Subjects of any Foreign State. '°°^ ^^ ' Article XII The Electors shall meet in their respective states, and vote by New ballot for President and Vice-President, one of whom, at least, method of shall not be an inhabitant of the same state with themselves; they electing shall name in their ballots the person voted for as President, and '^^^ ^^** in distinct ballots the person voted for as Vice-President, and thev ^^? ^^^^^' shall make distinct lists of all persons voted for as President, and ^f ^j,t. II of all persons voted for as Vice-President, and of the number of Sec. I, votes for each, which lists they shall sign and certify, and transmit ^^' ^O sealed to the seat of the government of the United States, directed (Proposed to the President of the Senate; — The President of the Senate ^3 ^^' • shall, in presence of the Senate and House of Representatives, open glared in all the certificates and the votes shall then be counted; — The force Sept person having the greatest number of votes for President, shall be ^> 1804.) the President, if such number be a majority of the whole number of Electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Represen- tatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the repre- sentation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-Presi- dent shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-Presi- dent, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two 1 Proposed September 5, 1794. Declared in force January 8, 1798. 398 THE NEW CIVICS liighest numbers on the list, the Senate shall choose the Vice-Presi- dent ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice- President of the United States. Al)olition of slavery. (Proposed Feb. 1, 1865. De- clared in force Dec. 18, 1865.) Citizens of the United States — protection of. (Pro- posed June 16, 1866. Declared in force July 28, 1868.) New basis of repre- sentation in Con- (Supersed- ing part of Art. I, sec. 2, cl. 3.) Article XIII Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place sub- ject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Article XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immuni- ties of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protec- tion of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of elec- tors for President and Vice President of the United States, Repre- sentatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any APPENDIX 399 oflBce, civil or military, under the United States, or under any Disabili- State, who, having previously taken an oath, as a member of Con- ties of oflS.- gress, or as an officer of the United States, or as a member of any ^^^eed^in State legislature, or as an executive or judicial officer of any State, rebellion, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by two- thirds vote of each House, remove such disability. Section 4. The validity of the public debt of the United States, Validity of authorized by law, including debts incurred for payment of pen- ^*' ^®^** sions and bounties for services in suppressing insurrection or re- bellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appro- priate legislation, the provisions of this article. Article XV* Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Voting rights of citizens of the U. S. Article XVI* The Congress shall have power to lay and collect taxes on in- income comes, from whatever source derived, without apportionment •'•*^' among the several states, and without regard to any census or enumeration. Article XVII ^ The Senate of the United States shall be composed of two Sena- Direct tors from each State, elected by the people thereof, for six years ; election of and each Senator shall have one vote. The electors in each State 1 Proposed February 27, 1869. 2 Ratified February 25, 1913. Declared in force March 30, 1870. 8 Ratified May 31, 1913. 400 THE NEW CIVICS Method of election. Tempo- rary ap- point- ments. shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies : Provided that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the elec- tion or term of any Senator chosen before it becomes valid as part of the Constitution. Article XVIII i Prohibition Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have con- current power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legisla- tures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. Article XIX ^ Woman The right of citizens of the United States to vote shall not be Suffrage denied or abridged by the United States or any State on account of Congress shall have power to enforce this article by appropriate legislation. 1 Ratified January 16, 1919. 2 Ratified August 26, 1920. B. AREA AND POPULATION OF THE STATES State Became Member OF Area Square .Population Electoral Vote Union Miles 1910 1900 1910 1900 Alabama . . . 1819 51,998 2,138,093 1,828,697 12 II Arizona 1912 113,956 204,354 122,931 3 — Arkansas 1836 53,335 1,574,449 1,311,564 9 9 California 1850 158,297 --2,377,549 1,485,053 13 ^ 10 Colorado 1876 103,948 799,024 539,700 6 5 Connecticul 1788 4,965 1,114,756 908,420 7 7 Delaware 1787 2,370 202,322 184,735 3 3 Florida . 1845 58,666 752,619 528,542 6 S Georgia 1788 59,265 2,609,121 2,216,331 14 13 Idaho . 1890 83,888 325,594 161,772 4 3 Illinois . 1818 56,665 5,638,591 4,821,550 29 27 Indiana 1816 36,354 2,700,876 2,5x6,462 15 IS Iowa 1846 56,147 2,224,771 2,231,853 13 13 Kansas . 1861 82,158 1,690,949 1,470,495 10 10 Kentucky- 1792 40,598 2,289,905 2,147,174 13 13 Louisiana 1812 48,506 1,656,388 1,381,625 10 9 Maine . 1820 33,040 742,371 694,466 6 6 Maryland 1788 12,327 1,295,346 1,188,044 8 8 Massachusetts 1788 8,266 3,366,416 2,805,346 18 16 Michigan . 1837 57,980 2,8^10,173 2,420,982 15 14 Minnesota 1858 84,682 2,075,708 1,751,394 12 II Mississippi 1817 46,865 1,797,114 1,551,270 10 10 Missouri . 1821 69,420 3^293,335 376,053 3,106,665 18 18 Montana . 1889 146,997 243,329 4 3 -- Nebraska . 1867 77,520 1,192,214 1,066,300 8 8-- Nevada 1864 110,690 81,875 42,335 3 3 New Hampshi re . 1788 9,341 430,572 411,588 4 4 New Jersey 1787 8,224 2,537,167 1,883,669 14 12 New Mexico 1912 122,634 327,301 195,310 3 — New York 1788 49,204 9,113,614 7,268,012 45 39 North Carolina . 1789 52,426 2,206,287 1,893,810 12 12 North Dakota . 1889 70,837 577,056 319,146 5 4 Ohio .... 1803 41,040 4,767,121 4,157,545 24 23 Oklahoma . . . 1907 70,057 1,657,155 790,319 10 7I Oregon .... 1859 96,699 672,765 413,536 5 4 Pennsylvania 1787 45,126 7,665,111 6,302,115 38 34 Rhode Island . 1790 1,248 542,610 428,556 5 4 South Carolina . 1788 30,989 1,515,400 1,340,316 9 9 South Dakota . 1889 77,615 583,888 401,570 S 4 Tennessee . . . 1796 42,022 2,184,789 2,020,616 12 12 Texas . . 1845 265,896 3,896,542 3,048,710 20 18 Utah . . 1896 84,990 373,351 276,749 4 3 Vermont . 1791 9,564 355,956 343,641 4 4 Virginia 1788 42,627 2,061,612 1,854,184 12 12 Washington 1889 69,127 1,141,990 518,103 7 S West Virginia 1863 24,170 1,221,119 958,800 8 7 Wisconsin . 1848 56,066 2,333,860 2,069,042 13 13 Wyoming . 1890 97,914 145,^65 92,531 3 3 Total States . 3,026,719 91,641,197 75,615,857 531 483 *l 5>07. 4 01 . 402 THE NEW CIVICS C. SUMMARIES ON CITIZENSHIP AND GOVERN- MENT I. FUNCTIONS OF GOVERNMENT. In his admirable book on The State, Woodrow Wilson enumerates eight "constituent" or essential functions of government. (i) The keeping of order and providing for the protection of persons and property from violence and robbery. (2) The fixing of the legal relations between man and wife and between parents and children. (3) The regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or for crime. (4) The determination of contract rights between individuals. (5) The definition and punishment of crime. (6) The administration of justice in civil causes. (7) The determination of the political duties, privileges, and relations of citizens. (8) Dealings of the state with foreign powers : the preservation of the state from external danger or encroachment and the advancement of its international interests. As a partial list of these optional or "ministrant" functions, Woodrow Wilson gives the following : (i) The regulation of trade and industry. Under this head I would include the coinage of money and the establishment of standard weights and measures, laws against forestalling and engrossing, the licensing of trades, etc., as well as the great matters of tariffs, navigation laws, and the like. (2) The regulation of labor. (3) The maintenance of thoroughfares, — including state management of railways and that great group of undertakings which we embrace within the comprehensive term "Internal Improvements." (4) The maintenance of postal and telegraph systems, which is very similar in principle to (3). (5) The manufacture and distribution of gas, the maintenance of waterworks, etc. (6) .Sanitation, including the regulation of trades for sanitary purposes. (7) Education. (8) Care of the poor and incapable. (9) Care and cultivation of forests and like matters, such as the stock- ing of rivers with fish. (10) Sumptuary laws, such as "prohibition" laws, for example. — Wilson, The State, §§ 1478, 1479. APPENDIX 403 n. OLD AND NEW INDIVIDUAL RIGHTS New Economic and Social Rights The Older Constitu- tional Rights I. Right to the equal protection of the laws. 2. The right of persons accused of crime to be safe- guarded in criminal trial procedure. 3. Freedom of speech, press, and religion. 4. No person shall be de- prived of life without due process of law. 5 . Freedom from compul- sory quartering of soldiers in time of peace; freedom from searches and seizures in homes and dwellings. 6. No person shall be de- prived of liberty or property without due process of law. 7. Right to bear arms. 1. Equal opportunities for all in the Open Market : (a) The equal use of public facilities such as railways, canals, terminals, ware- houses, wharves, etc. (&) Freedom from unfair and corrupt methods of business competition, — fraud, misrepresentation, combinations to de- stroy a competitor, exclusive contracts to stifle competition, etc. 2. Right to real protection against criminals. Cheaper and quicker justice. (a) A simplified, less technical proced- ure in both civil and criminal suits. (b) A more complete, ef&cient and thorough police system in both city and country districts. (c) A more careful sifting of the chance offender from the habitual criminal. 3. The freedom of the consumer from extortionate and oppressive charges in all articles of common use, meats, foods, drugs, beverages, shoes, clothing, coal, tobacco, sugar, oil, express and transpor- tation charges. 4. No person shall be deprived of the opportunities for improvement, education, andrecreation, even with due process of law. 5. Freedom from overcrowded, unsani- tary houses, factories, and stores; right to tenement and factory inspection and regulation. 6. Right to full participation in eco- nomic progress and a salary or wage pay- ment that will support a reasonable standard of living. 7. Right to aesthetic and other higher enjoyments of civilization. — Young, The New American Government and Its Work, p. 498. 404 THE NEW CIVICS D. CIVIC PROBLEMS » INTRODUCTION I. Social Organization General Social structure Social cooperation II. SoaAL Control Importance Forms III. Social Aims and Welfare Life and a good standard of living Social ideals and standards Social welfare and progress PART I SOCIAL PROBLEMS I. School Citizenship Preparation for life in the school Forms and methods of self-government The problem of self-direction in school n. Poverty Standards of living Causes Remedies m. Crime Causes Treatment Social justice IV. City Congestion The city slums Housing reform V. Public Health Past and present Sanitary regulations Possibilities of the future * For the last half of a year course in " Social Economics " given by the author, about half of these topics are required, and the students are allowed to select others which they wish to discuss. These students have had at least American history and civics; most of them have had the principles of elementary economics. APPENDIX 405 VI. Marriage and Divorce The family in the past Causes of divorce Remedies VII. Immigration History of immigration The present problem General results, including political, economic and social results PART II ECONOMIC PROBLEMS I. Child Labor Causes Extent Effects Public Regulation II. Women in Industry History Extent and conditions at present Legislation Health and safety Hours Minimum wage III. SoaAL Insurance and Compensation Industrial accidents and occupational diseases Employer's liability Social insurance in Europe Workmen's compensation IV. Unemployment The problem European experience Unemployment in America V. Industrial Peace Strikes Conciliation and voluntary arbitration Compulsory arbitration VI. Trusts Evolution Nature State control Sherman Anti-trust Law Recent anti-trust legislation 4o6 THE NEW CIVICS VII. Railways Growth of the American railways Railway rates State control First Interstate Commerce Commission Present Interstate Commerce Commission VHI. Conservation Agricultural lands in the United States Policy regarding water and timbers Coal and other minerals Human life PART III POLITICAL PROBLEMS I. Initiative, Referendum, and Recau:. History of direct legislation Direct legislation at present Advantages and disadvantages of direct legislation The recall II. The Voter and the Political Party Suffrage Ballot and elections Political party in American government III. City Government Coi^mission government City as a business organization Work, costs, debts of finance, city manager, etc. City planning Proper functions American and foreign cities compared, etc. IV. Public Utilities The problem Public control Public ownership V. Finance The problem Present taxes Necessary and proposed reforms VT. The Presidency History President and Congress President and the Nation APPENDIX 407 VII. National Defense The problem The past and limited preparation Military and naval preparedness True preparedness VIII. Democracy and Future Problems The nature of democracy The limitations of democracy Democracy and foreign affairs Democracy and domestic problems (political and economic) Democracy and social progress INDEX Accidents, industrial, 297 Action, freedom of, 138-139 Administration of law and civil liberty, 190-191 Administrative decentralization in American states, 190, 203, 207 n. 2 Administrative departments, 181-182, 214-215, 255-260 Admission of states, 356 Agricultural areas, 39-41 Agricultural colleges, state, 347 (il.) Agricultural land policy, 357-361 Agriculture, department of, 259, 346- 349 Albany Congress, 224 n. Ambassadors, 370 Amendment : of national constitution, 228, 231-232 of state constitution, 220-221 Amendments, national constitutional, 229-232 American Association, 224 American government : characteristics of, 70 general, 64-70 See also Contents, Part II Andrews and Commons, quoted from, 292 Anglo-Saxons in America, 46 Annapolis Academy, 375, (il.) 374 Annapolis conference, 226 Anti-Federalists, 228 Anti-trust laws : national, 31 1-3 13 state, 310-311 Apartment house, metropolitan, (il.) 79 Appointments: in cities, 178, 182 general, 120-125 number, 97 n. 2 by the President and Senate, 244, 250, 254-255 in states, 212-214 Appointments and political parties, 118 Arbitration : industrial, 303-304 international, 368 Areas: agricultural, 39-40 commercial, 38 geographical, 37 industrial, 38-39 population, 43-44 Army, 372-373 Articles of Confederation, 225-226. Assessment of property, 168 Assessors, tax, 168, 206 Association, forms of, 58-59 Attorneys-general, 259 Auditor, county, 206 Australasia, arbitration in, 304 n. 2 Austrians in America, 48 B Ballot, election, 107-108 Bank, national, 339-340 Bank notes, national, 340 Battleship, (il.) 374 Bills, congressional, 246-249, (il.) 247 legislative, 209-210 Bills of Rights, 13-14 constitutional, 134-138 national, 134-138, 229-230 state, 134-138, 210, 221 409 4IO INDEX Bimetallism, 337-339- Blue sky laws, 141 n. Boards, comity, 205 Boards of Education : county and local, 272 n. state, 270 n. 2 Bogardus, Emory S., 85 Bonds, government, 167 Borrowing money, 167, 171 Boss, the political, 119 Boston, illustrations of, 23, 188, 198 Boycotts, 303 Bribery, punishment of, in elections, 111-112 Bryce, James (Lord), quoted, 119 Budget, municipal, 184 Building laws, city, 186 Business and government. See Con- tents, 71-77, 159-162, Chapters XV-XVII Business, legislation for, 211 Cabinet, presidential, 255-256, (il.) 256 Cabinet, president's, and the imwritten constitution, 234 California, workmen's compensation law of, 300 n. Campaign, political, 105-106 Canadian industrial disputes, 304 n. 2 Canadians in the United States, 47, 48 Canals : general, 318 ship, 321 Capitol : Minnesota state, (il.) 68 national, (il.) 96 Carlton, F. T., quoted, 304 n. Caucus, old congressional nominating, 98 Censorship in Russia, (il.) 135 Chain gang, 150 Chamber of commerce of the United States, (il.) 75 Character, as basis of citizenship, 30- 31 Charities and corrections, state boards of, 214-215 Charities, public, 277-283 Cb?irter, mimicipal, 175-176 Charters, California county, 205 n. Chicago, illustrations of, 102, 189 Child labor : effects of, 293-294 extent of, 293 regvdation of, 294-295 Child, rights of, 9-1 1, 80 Chinese immigration, 52 n. Circuit Court of Appeals, national, 263 Citizen : business and the, 28^29 duties of, 15-19 education of, 21-33 position of, 3-8 rights, of, 8-15, 133-143. 230 voter and, 3, 97 Citizenship : definition of, 3, 4 duties of, 15-19, 76-77 education for, 21-36 foundations of, 30-33 general, 3-19 rights of, 8-15, 133-143 City government. See Contents, Chap- ter X, also under different activ- ities City planning, 186-188 Civic center, 187-188 Cleveland, (il.) 187 Civic duty, 32-33 See also Citizenship Civic organization. See Contents, Chapter IV, Political organization, Economic organization Civic relationships, 4-9, 15 Civil liberty, definition of, 133 Civil Service Commission: municipal, 123, 182 methods of, 123 n. national, 122, 123 Civilizations, combination of, 52 n. 2 Civil suits, 145 Clayton Act, 313 Clerk, coimty, 206 Cleveland, civic center of, 187 Climate and population, 43-44 Closed shop, 292 n. 2 Coal land laws, 364 Coast defense, 376 (il.) Coinage, history of, 338-339 Collective bargaining, 292 INDEX 4" Collectors, tax, 206 Colleges, state agricultural, 270-271 Colonial unions, 224-225 Colonies, 224-225 Columbia, District of, 355 n. Combinations, industrial : control of, 310-314 forms of, 307-308 merits of, 308-309 Commerce. See Contents, Chapter XVI , Commerce, Secretary of, 259 Commercial areas, 38 Commercial treaties, 329-330 Commission government of cities, 178- 179, 182 Commission on uniform laws, 219 Commissioners, county, 205 Commissions, state administrative, 214-215 Committees, congressional, 245-247 legislative, 209, 245-246 Committees, political party : executive, 116 national, 104, 106, 116 work of, 116, 117 Committee on rules, 244-245 Committees of the Whole, Congres- sional, 245 n. Common-carriers, 323, 327 Communication, means of, 318-323 Community property, 140 Compensation for accidents, 299-300 Competition (economic), general, 75 Compromises in constitutional conven tion, 227-228 Compulsory arbitration, 303-304 Conciliation, industrial, 303-304 Confederation, the, 225-226 Conference committees, 248 Congress, Confederation, 225—226 Congress, the United States : characteristics of, 243-245 discussion of (1787), 227-228 general powers of, 233-234 organization of, 241-243, 245—246 procedure in, 246—248 powers of. See National Govern- ment Congress and the xmwritten constitu- tion, 233-234 Congresses, early, 224-225 Congressmen : election of, 241-242 privileges and compensation of, 242-243 qualifications of, 241 n. 2 Connecticut compromise, 227 Conservation : general, 361-365 of life, 283 Constitution of the United States: amendments of, 229-232 formation of (1787), 226-228 general character of, 66-67 interpretation of, by courts, 260-262 relation of, to states, 237 unwritten, 232-235 Constitutions, state, 220 Consuls, American, 331—332 Consumption (economic), general, 71 Contract, freedom of, 139-140 Contract labor law, 51 Contract, right of, 73, 139-140, 297 Convention of 1787, 226-228 Conventions, constitutional : state, 220 national (1787), 226-228 Conventions, nominating : earliest, 99 presidential, 100, 101-104 (2 ils.) Cooperation (economic), 74 Cooperation, political (popular), 97-98 Coordination, 57 Copyrights, granting of, 306 n. 2 Coroner, the county, 206 n. Corporation taxes : national, 167 state, 169-170 Corporations : combinations of, 307-309 control of, 309-314 definition of, 306 diverse state laws regarding, 219 industrial, 306-314 large-scale industry and, 74 Corrupt practices acts, 112 Corruption, dangers of municipal, 176- 177, 179, 191, 193, 198-199 Council, city, 176-177 Counties : nature of, 204 officials of, 205-206 work of, 207-208 412 INDEX County courts, 215 Covinty farms, 281 Courts, dty, 216 Courts of domestic relations, 86 Coiurts, national, and the imwritten constitution, 235-236 Courts, state, 215-216, 218 Courts, system of American, 143-144 Crime: constitutional safeguards of persons accused of, 137-138 courts of justice, 144-147 definition of, 1 2 immigration and, 50 protection of state against, 142 punishment of, 12, 148-154 Criminal cases, jury trials for, 144 Custom-House, Galveston, (il.) 164 Customs, 59 Customs, duties on, 163-164 Dam, Roosevelt, (il.) 359 Debate, congressional, 243, 245 Debts, public: mimicipal, 171, 177 national, 167 state and local, 171 Defectives, care of, 280 Defense, national, 371-380 Delegates, primary. See Primary Democracy : education for, 21-36 general, 97-132 nationality and, 63 public schools and, 25-27, 269- 270 Democratic national convention, 191 6, (il.) 103 Departments, administrative : city, 181-182 national, 255-260 state, 214-215 Departments, separation of American, 68-69 Dependent children, care of, 279-280 Desert land act, 358-359 Differentiation, 56 Diplomatic relations, 367-370 Direct legislation, 125-129 Direct taxation, national, 166 n. 2 Dispensaries, public, 282 (U.) Distribution of wealth (economic), general, 71-76 District attorney, the, 206 District of Columbia, 355 n. District covirts, national, 263 Districts, representation from, 67-68 Division of labor, 73 Divorce : diverse state laws for, 84-86, 219 increase of, 82-85 map of (1900), 84 remedies for, 85-86 Duties, civic, 15-19 " Duties, customs, 163-164 Eastman, Crystal, quoted, 299 Economic order of to-day, general characteristics of, 72-75 Economic organization, 6-7, 70-77 See also Trusts, Railways, Commerce, etc. Education : common school, 272-273 finances of, 273-274 free public, 24-25, 269-275 higher, 270-274 kind needed for citizenship, 22-24, 26-30 of the citizen, 21-33 state systems bf, 270 vocational vs. cultural, 22-23 Efficiency, 31-32, 57 preparedness and, 379-380 Elastic clause, 233, 261 Elections : city, 182-183 congressional, 241 general, 105-113 nominations for, 98-105 presidential, 250-251 primary, 99-101 recall, 129-131 senatorial, 241 state, 209, 212, 216 See Contents, Chapter VI Electoral College, 251 Electric plants, municipal, 195 Ellwood, C. A., quoted, 61 Eminent domain, i6i INDEX 413 Employer's liability, 298-299 English in America, 46, 47 Enterprise, private, 72 Epidemics, prevention of, 284 Equity, 145 n. Exchange (economic), general, 71 Executive session, 245 Expenditures, family, 88-90 Expenditures, governmental : charts of, 157, 158 general, 157-159 Experiment stations, agricultural, 347, (il.)348 Exports, prohibition of taxation of, 228 Factory legislation for women, 296 Family : importance of, 79 income of, 87-89 permanence of, 82-86 size of, 87 standard of living of, 89-90 Farm crops, annual value of, (map) 40 Favorite sons, state, 104 Federal reserve board, 330, 340-342, (map) 341 Federal system of government, 69-70, 236-238 Federal trade commission, 313-314, (il.) 328 Federalists, 228 Fellow-servant doctrine, 299 n. 2 Fifteenth Amendment, 108 n. 2, 109, 231 Finance : local, in general, 1 69-1 71 municipal, 183-184 national, 163-168 political party, 117 school, 273-274 state, 1 69-1 7 1 See Contents, Chapter IX Financial center of the world, new, (il.) 73 Fire, protection against, 186 First Continental Congress, 224 Food, family expenditures for, 89-90 Food supply, improvement c i, 348-349 Foreign commerce, 328-331 Forest reserves, 361-362 Fourteenth Amendment, 230 Franchises : granting of, 177, 193, 198 mimicipal, 171, 193, 198 revenue from, 170, 171 Free public schools, 269-270 Freedom, personal, 72 See Contents, Chapter VIII Functions, municipal, 180-181 Gas service in cities, 195 General Board, naval, 258 General property tax, 168-169 General Staflf, 258 Gentlemen's agreements, 307 Geography of the United States, 37-44 George Junior Repubhc, (il.) 25 Germans in America, 47 Gerrymander, the, iii Gettysburg reimion, (il.) 377 Giant corporations, 308 Giddings, F., quoted, 56 n. 2, 58 Government : activities of. See Contents, Part III characteristics of, 70 departments of, 68-69 kinds of, 65-66 national, 232-238 nature of American, 66-70 scope of work of, 64-65, App. C. state and local, general, 203, 208 See also Contents, Part II Governmental powers, classes of, 236 Governor, state, 21 1-2 14 Grammar schools, 272-273 " Grandfather clauses," 109 H Habeas corpus, writ of, 146 Harbor improvements, 38, 330 Harrison, Benjamin, quoted, 258-259 Hart, A. B., quoted, 364 Health: general, lo-ii protection of, 141 public, 283-286 High school institutions, 26-28, 61, 272-273, (il.) 272 Highways, public, 319-320 (il.) Holding companies, 308, 31 x 414 INDEX Holland, J. G., quoted, 124-125 Home : general, 10 future and women, 91-93 importance of, 79-82 past and future, 91-93 and school, 21-22 Home rule charters, 175-176 Homestead exemption, 141 Homestead laws, 358 Honor system, the, in schools, 27-28 Hospitals, public, 282 Horn's of labor for women, 297 House of Governors, the, 219 House of Representatives, 241, 244- 246, (il.) 245, 251 House of Representatives, state, 209 Housing problem, the municipal, 184- 186 Hughes, Charles E., 141 Ideals and standards, 29 Illiteracy among immigrants, 50 Immigrants : chart of, by races, 48 examination of eyes of, (il.) 51 location of, 45 original races of, 45-46 waiting room for, Ellis Island, (il.) 2 Immigration : chart of (1864-19 14), 47 economic effects of, 49-50 homogeneity and, 52-53 restriction of, 50-52 social results cf, 50 Impeachment, 243 Implied powers, 232-236 Improvements, public, 159 Inaugvu-ation, 251 (il.) (1905), 248 Incinerator, use of, 285 Income of American families, 87-89 Income tax, national, 88, 165-166 Incorporation : industrial, 306 municipal, 175 n. 2 Independent voter, the, 119, 120 Indeterminate sentence, the, 150 • Indian affairs, 350-351 Indoor relief for poverty, 281 Industrial areas, 38-39 Industrial centers, (map) 39 Industrial plant, huge, (il.) 306 Industrial warfare, 302-304 Industrial victims, number of, 379 Inheritance taxes : national, 166 state, 170 Initiative : advantages of, 128 definition of, 125 general, 125-126 map of, 127 Insane, care of, 280-281 Institutions, 59-61 Insular cases, 354 Insurance companies: regulation for, 1 40-1 41 taxation of, 169 Integration, 56 n. 2 Interior department, 258-259 Internal revenue, 164-165 International arbitration, 368 International law, 367 Interstate Commerce Commission, 325- 328,(11)326 Invisible government, loi, 119 Irish in America, 47 Iron, 41 Irrigation law, national, 359-360 Italians in America, 48 Jail, local, 150 Jamaica Bay, proposed harbor im provement for, (map) 38 Japanese immigration, 52 n. Jitney bus, the, 196 Judges, 215, 216, 262 recall of, 130- 131 Judicial decisions, 130-131 Judiciary : national, 260-263 need of an upright, 147-148 state, 215-216 Jury: system, the, 144-146 use of, 137-138, 144 Justice : administration of, 143-148 delays in, 146 INDEX 415 Justices of the peace, 216 Juvenile courts, 152-154 K Knowledge, as basis of citizenship, 31 Labor : capital and, 302-304 child, 293-295 compensation for accidents to, 298- 300 efifect of immigration on, 49 unemployment problem of, 300-302 wages of, 291-293, 342-344, (chart) 343 woman, 295-298 Labor contracts, public supervision of, 139-140, 142, 291-292, 297 Labor, Department of, 260 Land grants, 357-358 Lands, public, 357-362 Large-scale industry, 307-309 Large-scale production, 74 Law-making, process of : national, 246-249 state, 209-210 Law, reform of, 148-149 Legislation, over-, 211 Legislation, state uniformity and diver- sity in, 218-219 Legislative centralization of American states, 190, 203, 208 Legislative department, 69 See also Congress, Legislature, and the State Legislature : defects of the state, 2 10-2 11 direct legislation and, 1 29 state, 208-211 Libel, 136 n. 2 Libraries, public, 275-277, (il.) 275 Library, traveling, (map) 276, (il.) 277 Licenses, local revenue, 170 marriage, 86 Like-mindedness, 58, 63 Liquor, control of, 286-288 Liquors, taxes on, 165 Literacy test for immigrants, 51-52 Living wage : definition of, 89 right to, 139 Local government : municipal. See Contents, Chapter X rural, 203-208 Local option, 208, 287 Local self-government, 175, 205 Lodging houses, public, 281 Long and short haul clauses, 325, 327 Los Angeles, 194 n. 2, (il.) 196 M Machine, political, i'i6, 117 Manager, the city, 179-180 Marriage laws, 80-82 Marshals, national, 263 Mayor, city, 177-178 Mayo-Smith, R., quoted, 49 n. Meats, inspection of, 285-286 Mechanics' liens, 140 n. Message, presidential, 254 Mileage, congressional, 242 Military preparedness, 377-378 Militia, 149 n., 214, 373 Milk, piu-e, 285 Mineral resources, 41, 364 Minimum wage, 91, 297-298 Mining laws, 364 Minnesota state capitol, (il.) 63 Mississippi basin, 37, 40 Money standards, 336-339 Monogamy. See Marriage Monometallism, 337-339 Monopolies, economic, 75, 309, 310 mimicipal, 192 Monroe Doctrine, 368-369 Mothers' pensions, 280 n. Municipal reform, 191 Munro, W. B., quoted, 125 N Nation : definition of, 45-46 state and, 63-64, 236-237 National divorce law, desire for, 86 National government, 233-238 See also Congress, President, and Courts, national banking, controlled by, 339-342 business activities of, 336-352 4i6 INDEX National-government — (continued) commerce, controlled by, 321-324, 325-333 Constitution of, 224-240 finances of, 157-167 foreign relations of, 367-381 industry, controlled by, 31 1-3 14 organization of, 241-265 popular participation in, 97-132 rights imder, 133-138 territorial powers of, 353-366 National nominating conventions. See Conventions, nominating National sphere of government, 236- 237 Nationality, 63 Naturalization, 4 and note Naval defense, 373-376 Naval stations and docks, 374 n. Navigation acts, 330 Navy, Secretary of, 258 Needs : individual, 5, 8-9 public, 5-8 Negroes, 45 n. 2, 46 Neighborhood Association, Gramercy, (il.) 274 Neutrals and peace, 368, 371, 378 Newark, Normal school in, 271 New England Confederation, 224 n. New Haven, (il.) 204 New Jersey plan, 227 n. New York City, illustrations of, 2, 73, 184, 185, 274 Nominations : direct, 99-101 general, 98-105 presidential, 101-104 (ils.), 250-251 Normal schools, state, 271 (il.) North Carolina, 210 n., 228 Obedience, duty of, 16 Occupations of Americans, 44 Officials, public. See Appointments, Elections, Removals, Tenure state administrative, 213 n. Opinion, public, 113 Ordinances, making of, 177 Oregon, direct legislation in, 127, 210 Organization : economic, 70-76 political, 5-7, 63-70 political party, 100, 101-105, "6^ 117, 118-119 social, 56-63 Organized territories, 355-356 Outdoor relief, 281 Pan American doctrine, 369-^370 Paper money, 339-341 Parcels post, 346 Pardon, governor's power of, 214 Parks, city, 188-189 Boston municipal, (il.) 188 state or national, 362 Party, the political : in American government, 68 and elections, 67-68, 106, 112 and gerrymandering, iii importance of, 115 and nominations, 100-105 organization of, 100, 101-105, 116- 117, 118-119 patronage and, 118, 121-122 primary and, 99, loi work of, 1 1 5-1 20 Party finance, corporation contribu- tions to, 112 Patents, granting of, 306 n. 2 Patriotism, 33 Patronage, 118 Pauperism, immigration and, 50 Peace, 367-368, 371, 378-380 Penitentiary, county, 150 Pennsylvania state capitol, executive office in, (ils.) 212-213 Pensions, 376-377 Petition, freedom of, 135-136 Philadelphia, illustration of, 337 Philippines, government of, 354-355 Platform, political party, 104 Playgrounds, mmiicipal, 189-190 Chicago, (il.) 189 Police officers, city, 148-149 Police power, 143 n. Political liberty, definition of, 133 Political organization, 5-7 See also Government Poll taxes, 171 INDEX 417 Polygamy, 80 Pools, 308, 323, 325 Population of the United States : distribution of, 43-45 number of, 42-43 racial elements of, 42-49 urban, 44, 45 n., 174 Porto Rico, government of, 355 Post oflBice, 344-346, (il.) 345 Postal savings banks, 346 Postmasters, selection of, 344 n. Poverty : causes of, 277-278 relief of, 278-282 Power, water, 362 Preemption Act, 357 Preferential presidential primaries, icon. Preparedness : military, 377-378 naval, 373-375 need of, 371-372 real, 378-380 President, the: congress and, 249, 252-253 election of, 100, 101-104, 250-251 foreign powers of, 368-371 inauguration of, 251, (il.) 250 military powers of, 252-253, 371- 376 Monroe Doctrine and, 368-370 position of, 249-250 powers of, 252-255 qualifications of, 251 relation of, to cabinet, 255-257 Senate and, 244, 244-245, 250, 370 term of, 251-252 unwritten constitution and, 234-235 Press, free, 135-136 Prices and wages, 88-90, 342-344, (chart) 343 Primary : direct, 99-101 old election, 99 Prison reform, 1 50-1 51 Prisons, use of, 1 49-1 51 Private law under states, 12-13, 217-218 Probation, juvenile, 153 Production of wealth (economic), 71, 76 Progressive taxation, 170 Prohibition : of dangerous industries, 305 vs. development as methods of social control, 62 n. of liquor traffic, 287-288, (map) 287 local option, 288 Property, private : general, 72 protection of, 160 as a social institution, 159 taking of, for pubhc use, 161 taxation of, 160-162 See also Taxation Property rights of married women, 140 Proportional representation, in Protective tariffs, 332 Public domain, 357-362 Public lands, 357-362 Public opinion, 63, 148 Public ownership, municipal vs. pri- vate ownership, 192-193, 194, 195, 197-199 Public service commissions, state, 197, 324 Public utilities, revenues from, 160, 170-171 Public utiUty, municipal, 191-199 Pure food laws, 286 Quarantine regulations, 284 Railways : consolidation of, 321-322 development of, 321—322 grants to, 321, 358 national control of, 325-328 public nature of, 322-323 state control of, 324 Rates, railway, control of, 324, 325, 326, 327 Real preparedness, 378-380 Rebates, railway, 325, 327 Recall, 1 29-131 Reciprocity treaties, 329, 333 n. Reclamation work, 359-360 Recorder, the county, 2ot n. 4i8 INDEX Referendum : advantages of, 128 defects of, 129 map of, 127 old and new, 126-127 Reform schools, 151-152 Reformatory, Iowa, (il.) 152 Registration of voters, 106 Religious liberty, 136 n. 4, 137 Removals from office : in cities, 178, 182 general, 1 21-124 by president, 254 and n. 2 recal- ari, 129- 131 by stitLft governor, 213 Representation, legislative, 67-68, 1 10- III Representative government, 67-68 Republican national convention (1916), (il.) 102 Revenue : bills, 167 n. I, 227 n. 2 municipal, 183-184 See Taxes Rhode Island, 228 n. 2 "Rider," the, 210 n. Rights: classes of, 14, 133 constitutional, 134-138 general, 8-15 individual, under state, 217 modem social, 9-13, 138-143 social progress and, 14-15 Ring, political, 118, 119 River Improvements, 330 Rule of Reason decisions, 312 Rural free delivery, 346 Russians in America, 48 St, Louis, High School in, (il.) 272 Salaries of public officials, 209, 242, 252 n., 261 n., 361 San Francisco, city hall of, (il.) 177 Saving, social need of encouraging, 159-160 Savings banks, regulations for, 140 Scandinavians in America, 47 School clinics, 282-283 School lands, 357-358 School law, state, 270 School superintendents, state, 270 n. 3 Schools : and citizenship, 25-28 free, 24 general, 269-275 Scotch-Irish in America, 46 Seattle, (il.) 196 Second Continental Congress, 225 Secretaries, national, and congress, 256- 257 Selectmen, town, 206 Self-education, 23-24 Self-government : in schools, 26-27 See also Democracy Senate, national, 241, 243, 244, 251 state, 209 Senatorial committees, 243 Senatorial courtesy, 244 Senators : dignity of, 243 election of, 241 privileges and compensation of, 242- 243 qualifications of, 241 n. Sessions, congressional, 242 Seventeenth Amendment, 231, 241 Sewage, disposal of, 285 Sheriffs, county, 149 n. Sherman An ti- trust Law, 31 1-3 13 Shipping, American, 330-331 Short ballot, 107-108 Sick poor, '-are of, 282 Silver coinage laws, 339 Sing Sing prison, auditorium of, (il. 181 Sixteenth Amendment, 165, 231 (il.) Slimi, the problem of, 185 Smuggling, 164 Social center, school as, 274-275 Social conscience, 63 Social constitution, the new, 142-143 Social control, 62 Social criminals, 18-19 Social development, 57-58 Social mind, 63 Social organization, 7, 56-63 definition of, 58 See also Family, etc. Social rights, modem, 138-143 Social will, 63 Sovereignty, 64, 67, 238 INDEX 419 Speaker, 244 n. Special assessments, 161 Special legislation, prohibition of, 210 Speech, free, 135-136 Sphere of state action, 216-218, 236- 237 Spoils system, the, 121, 122, 124 Stamp Act Congress, 224 Stamp taxes, 166-167 Standards and ideals, 29 Standards of living, 89-90, 342-344 State constitution : adoption of, 220 amendment of, 220-221 character of , 219-220 contents of, 221 State courts, 215-216 State public service conmaissions, 197, 324 States: administration of justice in, 143-154 admission of, 356 character of real, 62, 64 city government of, 174-202 commercial activities of, 318-324 constitutions of, 219-221 finances of, 157-163, 168-171 general welfare work of, 269-270 labor and industrial problems of, 291-31 I local rural government of, 203-208 popular participation in government of, 97-132 relation of, to nation. See Federal system rights of people under, 133- 143 sphere of activity of, 216-218, 236- 237 state government of, 208-216 suffrage in, 1 08-1 10 work of, 64 State, secretary of, 257-258 State railway commissions, 324 Street car, mimicipal, Seattle, (il.) 196 Street railways, 195-197 Streets, city, 192, 319-320 Strikes, industrial, 302-303 Subway, Boston, (il.) 198 Succession, presidential, 252 Suffrage, 108-110 Superintendent of schools, the county, 206 n. Supervisors, county, 205 Supreme court : national, 260-263, (il.) 261 state, 215 Sweat shop, 296 n. Tariffs, 332-333 Tax system : bvirden of national, 167 character of, 162-163 explanation of, 162 n. state and local, 171 Taxation, 1 62-1 71 See also Contents, Chapter IX Taxes, national, 163-167 state and local, 1 68-1 71 Technicalities, legal, and justice, 146- 147 Telephone service, 197 Tenement district, congestion in, (il.) 184 Tenements : building laws for, 184-186, (il.) 185 health regulations for, 284 Tenmre of office, 112 Term, presidential, 251-252 Terms of office, 112, 209, 212, 241, 251-252, 261 Territories : acquisition of, 353, 370 government of, 353-356 See Contents, Chapter XVIII Third term tradition, 234 Thirteenth Amendment, 230 Thought, freedom of, 136-137 Three- fifths compromise, 227 Tobacco, taxes on, 165 Torpedo firing, (il.) 375 Township, New England, 206 New York, 207 Township surveys, 375 n. 3 Trade agreements, 303 n. 4, 304 n. 2 Transportation problem, the munid* pal, 195-197 Treasurer, the county, 206 Treasury, Secretary of the, 258 Treaties : commercial, 329-330 making of, 370 Senate, and, 244 420 INDEX Trusts, 308 See Combinations, industrial Twelfth Amendment, 230, 234 U Unconstitutional legislation, 220 Unearned increment, taxation of, 160 Unemployment, 300-302 Unions, early American, 224-225 Universities, state, 271, (ils.) 268 Unwritten constitution : character of, 232-233 details of, 233-236 Urban population, 3S-39, 44, i74 Veto: gubernatorial, 210-214 of the mayor, 178 presidential, 249 Vice-President, 104 n, 2, 243, 252 Virginia plan, 227 Vocational education, 22-23, 25 Voters : character of, 97 and citizens, 3, 97 and political parties, iig, 120 qualifications of, 108-110 women as, 109-110 See also Elections Votes. See Elections Voting, process of, io6~ iv-»7 W Wage contracts, 291-292 Wages, 88-89, 291-292, 297-298. 342-344» (chart) 343 War, declaration of, 371 sacrifice in, 379 Secretary of, 258 Washington : illustrations in, 96, 245, 250, 251, 322 plan of, 187 Wastes, disposal of, 284-285 Water conservation, 362 Water power, 41, 362 Water power plant, (il.) 41 Water supply, city, 194-195 Waterways, inland, 363-364 Ways and Means Committee, 167 n. Weather Bureau, 349—350 West Point Military Academy, 373, (il.) 372 White House, (il.) 249 Wilson, Woodrow, quoted, 219, App. C Woman : and divorce, 82-86 factory regulations for, 295-296 and futvire home, 91-93 hours and wages of, 296-298 and household economy, 86-89 and marriage, 79-82 suflfrage, 1 09-1 10 (map) Women workers, 295-298 Workingmen's compensation, 91, 299- 300 World peace, 367-368 Printed in the United States of America, . ^^Ut,***;. 9' " VB 31123 ^nifCiyltf oF Califtanaui. 562542 UNIVERSITY OF CALIFORNIA LIBRARY