I 1*^ ^-< . ! 6: ^•;.^- ■:;;%'■:;■ •:■'■ ■ ■<.■'<■■■.:■ . f 5' !?'^iv'*;>;V^i*^:- liny ■;';.:; ■:■■■.' STATE GOVERNMENT IN PENNSYLVANIA A MANUAL OF PRACTICAL CITIZENSHIP By SAMUEL B. SCOTT OF THE PHILADELPHIA BAR Member House of Representatives of Pennsylvania, 1907-1914 Philadelphia THE HARPER PRESS 1012-20 Chancellor Street 1917 Copyright 1917 Harper Printing Company PRINTED IN THE UNITED STATES. HAVING been born a citizen of a free State, and a member of the sovereign body, however feeble an influence my voice may have in public affairs, the right to vote upon them is sufficient to impose on me the duty of informing myself about them ; and I feel happy, whenever I meditate on governments, always to discover in my researches new reasons for loving that of my o^^^l country. Rousseau. Social Contract. Book I. Introductory note. 405138 ACKNOWLEDGMENTS. THE author gratefully acknowledges the willing re- sponse that has invariably met his requests for information and assistance. Especially he de- sires to thank the Legislative Eeference Bureau and its able staff, past and present ; Hon, T. Henry Walnut, who was Chairman of the Committee on Elections in the Pennsylvania House of Representatives during the ses- sion of 1913, at which session sweeping improvements were effected in the election laws, and who reviewed the manuscript of the chapter on elections ; E. Bartram Rich- ards, Esq,, of the Philadelphia Bar, for valuable sugges- tions in connection with the same chapter; Hon, George Alter, Speaker of the Pennsylvania House of Represen- tatives during the session of 1913; Frederick P. Gruen- berg, Director of the Bureau of Municipal Research (Philadelphia), who reviewed the whole manuscript and made many valuable suggestions and amendations ; Hon, Robert D, Dripps, Secretary of the Public Charities Association, and Kenneth L, M. Pray, Assistant Secre- tary, who have furnished valuable material for the chap- ter bearing on State Charitable Appropriations. Since much of the legal matter in this book is of an elementary nature, no effort has been made to furnish a citation in support of every statement. The sources are the usual tools of the lawyer's trade. But wherever the reader might be supposed to desire fuller details than VI ACKNOWLEDGMENTS. could be compressed into a book of this scope, the refer- ence to the original authority is given. Special mention must be made of Suitill's Legislative Hand Book. This is an official publication of the State of Pennsylvania, ap- pearing annually, and is distributed free, on requisition by Senators and Members of the House. It is packed with useful information about the details of the State Government, contains a valuable digest of the election laws and much other information useful to anyone who would take an active part in public affairs. When the book went to press the Pamphlet Laws for 1917 were still unissued. This made it impossible to give the page in citing 1917 statutes, but the reference can easily be found by means of the date of approval, which is given when making the citation. To my wife a debt of gratitude is due, not alone for inspiration and encouragement, but also for her thorough examination of the manuscript with the result of remov- ing many obscurities of diction and infelicities of expres- sion, which would have seriously reduced whatever value this work may have. S. B; S. CONTENTS. Chapter I. Shilc ami Nation 1 ("liaptcr ir. Till' ].e-islatui-e ]0 Chapter III. The Legislature at Work 18 Chapter IV. The Legislature at Play 30 Chapter V. The Legislature Spending Money 40 Chapter VI. Legislation as an Instrument of Progress 56 Chapter VII. The Legislative Reference Bureau. Commissions ... 67 Chapter VIII. The Executive 76 Chapter IX. The Public Scliools. Professional Qualification ... 86 Chapter X. The Helping Hand of the State 99 Chapter XI. The Courts 122 Chapter XII. The Divisions of the State 140 Chapter XIII. Counties 145 vii Vlll CONTENTS. Chapter XIV. Cities 150 Chapter XV. Cities of the First Class 156 Chapter XVI Cities of the Second Class 168 Chapter XVII. Cities of the Third Class 171 Chapter XVIII. Boroughs, Incorporated Towns and Townships . , . . 179 Chapter XIX. Poor Districts. School Districts 187 Chapter XX, Parties in Pennsylvania 193 Chapter XXI. Registration 207 Chapter XXII. The Primary Election 223 ' Chapter XXIII. The Election 242 Chapter XXIV. Breaking Into Politics 255 Boards — Advisory Deparl Agricuitip;;;'; Armory Commiss Monun Bducatiof State Nd Elevated Railwa CHART SHOWING DEPARTMENTS, BOARDS AND COMMISSIONS OF THE COMMONWEALTH OF PENNSYLVANIA 3LICIT0R. FOR THE ECONOMY KEY TO CHART Boards^ Advisory for the Stale Health Department Commissioners on Gettysburg State Normal Scbools S(i Elevated and Underground Railways 72 Bituminous Mine Inspectors... 44 Certified Public Accountants.. 39 Dental 42 Osteopathic 38 Fhartnaceutlcal 27 Registration of Nurses 45 Veterinary 43 Military 70 Motion Picture Censors . Public Cbariiie College and U Trustees of State Library .... 74 Undertakers 41 Workmen's Compensation .... 2S Legislative Reference Medical Educartion and LI- ComnasiOKS — Agricultural . . . Branch Capitol Capitol Park Extensio) Economy and EEBciency 91 Forest Reservation Forest Academy . . Gettysburg Monuments Pennsylvania 20 Lake Brie and Ohio River Canal 23 Lunacy 52 Meado Statu© 77 Motbere Penalona 18 Health Officehs Sanatoria State Librarian CHAPTER I. STATE AND NATION. WE Pennsylvanians have a right to be proud of our Commonwealth. Founded in an age of in- tolerance by a man who had himself known persecution, it was established upon the firm rock of religious freedom, and peopled by men of strong con- science from all Europe. Its liberal institutions encour- aged rapid growth, and though among the last of the colonies founded, it quickly became the first in popula- tion. Tlie quality of its citizenship, too, was of the first order. As long as the history of the nation's birth is cherished, the names of Pennsylvania's early patriots \vi\\ be imperishable. Later the Civil War demonstrated that Pennsylvania could still pour forth devoted hosts prepared to die for the cause of their country. During the period of material prosperity which fol- lowed, the politics of the State were dominated by the desire to maintain federal legislation wliich would foster that prosperity. Lately, however, there has been gain- ing ground the idea that this is not enough, that a govern- ment should do more for its people than foster the great- est aggregate wealth; that it should care for the individ- ual, and that the well being of each, rather than the total wealth of the whole, should be its aim. In practice, this idea appears as a whole flood of propositions looking to State action for social ameliora- tion. Some of these are sound and feasible, some absurd. Some are good in principle but poorly framed and inap- plicable to present conditions. Some are but recrud- escences of ancient error, some flashes of the coming dawn. Of whatever nature these propositions may be, CHAPTEK I. STATE AND NATION. WE Pennsylvanians have a ri^lit to be proud of our Commonwealth. Founded in an age of in- tolerance by a man who had himself known persecution, it ^vas established upon the firm rock of religious freedom, and peopled by men of strong con- science from all Europe. Its liberal institutions encour- aged rapid growth, and though among the last of the colonies founded, it quickly became the first in popula- tion. The quality of its citizenship, too, was of the first order. As long as the history of the nation's birth is cherished, the names of Pennsylvania's early patriots will be imperishable. Later the Civil War demonstrated that Pennsylvania could still pour forth devoted hosts prepared to die for the cause of their country. During the period of material prosperity which fol- lowed, the politics of the State were dominated by the desire to maintain federal legislation which would foster that prosperity. Lately, however, there has been gain- ing ground the idea that this is not enough, that a govern- ment should do more for its people than foster the great- est aggregate wealth; that it should care for the individ- ual, and that the well being of each, rather than the total wealth of the whole, should be its aim. In practice, this idea appears as a whole flood of propositions looking to State action for social ameliora- tion. Some of these are sound and feasible, some absurd. Some are good in principle but poorly framed and inap- plicable to present conditions. Some are but recrud- escences of ancient error, some flashes of the coming dawn. Of whatever nature these propositions may be, I STATE GOVERNMENT IN PENNSYLVANIA. they must all be met as the actualities of present day poli- tics, and it is self evident that success in meeting them and adapting the good in them to our needs must be based on a clear understanding of what we already possess in our government as it now exists. Democracy proceeds upon the theory that the opinion of every citizen is worth taking. The theory is sound, but it cannot be denied that in practice the quality of gov- ernment attained by any democracy must be determined by the worth of the opinions so obtained. It is not enough that a people should rule themselves. They must know how to rule. They must acquaint themselves with the problems they are called upon to solve, and courageously assume the responsibilities which the nature of a free government entails. The dual form of our government requires a knowl- edge by each citizen not only of the general problems of our national government, but also of the laws and institutions peculiar to his own State. No one can cast a reasonable vote, much less take an active part in the public life of the Commonwealth, unless he understands something of the structure of the State gov- ernment, the duties of its various officers and the laws which regulate the exercise of the right of franchise. The tendency to look to the State for the solution of pressing social problems is constantly growing, and questions are being brought more and more into the political arena which were once agitated only in the study and the class room. It tluis becomes increasingly necessary that each citizen, in taking his part in public affairs, should do so with intelligence. To shorten his road to the necessary equipment is the mission of this book. The veteran may think its contents elementary indeed, but the beginner will find gathered here material which he could read in its original sources only by a discouraging expenditure of time and energy. STATE AND NATION. O To understand our State there must first be a compre- hension of the extent of its powers in relation to those of the federal government. No question of subordination of one of these governments to the other can arise. Each, in its own sphere, is supreme. It would be idle, also, to speculate as to which government is more important. Each is indispensable, therefore each is of the highest importance. However, when we come to consider the question of which government has the greater variety of powers and the greater scope for activity, — which comes closer home to the daily life of the average citizen, the answer must be unhesitatingly, the State. The difference in the scope of the two governments flows from a radical difference in their nature. The fed- eral government is a government of defined and dele- gated powers, the State government is a government whose sovereignty is unlimited save by what it has sur- rendered. The national legislators, in considering a piece of proposed legislation, must ask themselves, *' Under what provision of the Constitution are we em- powered to enact this law?" The State legislators have but to ask, ''Does any provision of the national or State Constitution prevent us from enacting this law?" No- where in the national Constitution is the power given to legislate on things in general. On the contrary, the vari- ous departments of the national government are given certain defined powers, and general power is given to the Congress only ''To make all Laws which shall be neces- sary and proper for carrying into execution the fore- going Powers, and all other powers vested by this Con- stitution in the Government of the United States, or in any Department or Office thereof."^ This language implies clearly enough that the newly erected national government was clotlied with no powers except those given to it by the instrument of its crea- (1) U. S. Const. Art. I, Sec. 18. Italics the author's. 4 STATE GOVERNMENT IN PENNSYLVANIA. tion, either in express words or by necessary implication. But lest there should be any doubt upon the subject, the tenth amendment was promptly adopted, as follows : "The powers not delegated to the United States by the Constitution, noi- prohibited by it to the States, are resei'ved to the States respectively, or to the people." How natural this relationship between State and nation is, appears on a brief contemplation of the origin of the nation. The thirteen original States are all older than the United States, having come into existence through that famous Declaration, wherein it was pub- lished and declared "That these United Colonies are, and of Right ought to be Free and Independent States." Thus in the compass of a clause Colonies change to States. The meaning of the word State as used in this connection should be kept clear. We speak so often of States in their connection with the general government that we are apt to think of a State as simply a unit of a federal system, but in the words quoted above, which were penned be- fore the Constitution w^as thought of, the word State had no such meaning. It meant then, as it means now when strictly used, "independent nation." In the same sen- tence of the Declaration the word recurs, and here its meaning cannot be mistaken, "And that all political con- nection between them and the State of Great Britain, is and ought to be totally dissolved." Pennsylvania, then, became a State in the same sense as Great Britain was a State, as did each of the other colonies. As far as theory is concerned, they might have remained so till some Bismarck arose to weld them to- gether with blood and iron. But the needs of the situ- ation and the political aptitudes of the people soon pro- duced union, first under the Articles of Confederation and subsequently under the Constitution. By this latter docu- ment, as pointed out above, the States divested them- selves of certain powers and bestowed them upon the STATE AND NATION. national government, but in the exercise of wliat powers remained they retained the full vigor of a sovereign na- tion. In order that the relative scope of the two govern- ments may be compared it is necessary to enumerate the powers which the Constitution has given to the nation and those it has denied the States. Abbreviating the lan- guage of the Constitution, they are as follows : - The Congress has power: — 1. To lay and collect Taxes, Duties, Imposts, and Excises, to pay the debts and provide for the common Defence and general Welfare of the United States. 2. To boiTow money. 3. To regulate interstate commerce. 4. To legislate on naturalization and bankruptcy. 5. To coin money and regulate weights and measures. 6. To punish counterfeiting. 7. To establish Post Oflfices and Post Roads. 8. To regulate Patents and Copyrights. 9. To constitute tribunals inferior to the Supreme Court. 10. To punish crimes on the high seas. 11. To declare war. 12. To raise and support armies. 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 out the Militia. 16. And governing the Militia. 17. To exercise exclusive jurisdiction over the district of Colum- bia. 18. To make all Laws necessary to carry into execution the foregoing powers and powers of other departments. The limitations upon the powers of the States are expressed as follows : ^ "1. No state shall enter into any Treaty, Alliance or Confedera- tion; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, or 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 (2) Art. I, Sec. 8. (3) Art. I, Sec. 10. O STATE GOVERNMENT IN PENNSYLVANIA. Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection laws; and the 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 Control of the Congress. 3. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any agreement or Compact with another State, or with a foreign Power, or engag'e in War, unless actually invaded, or in such imminent danger as will not admit of delay." Thus the sphere of national activity is defined. And what is left to the States'? Everything else. Subject to the enumerated restrictions, all the multiform activities of a free and energetic people must be regulated by them and the power of their legislatures to pass laws for such regulation is unlimited save by the Constitution of the State itself. The law that comes home to the average citizen is State law. He is married by State law. If he marries two wives at once, the crime is against State law. If he is divorced, it is by State law. The policeman is on his beat by virtue of State law, and all the long catalogue of crimes he is there to prevent, are crimes against State law. When born, he is registered by virtue of State law, when he dies State law provides a coroner for un- explained deaths, a licensed doctor, a law-regulated ceme- tery and rules for the disposition of his property. He is schooled under State law; he is sane or insane by State law. If a man slips on the ice, under State law he sues the city. If he is hit by a trolley car, he sues the company under State law. If he fails to pay his bills, by State law is he sued. In fact aU business is upheld and made possible by reason of State law. Anything like a catalogue of the activities of a normal State legisla- ture is quite out of the question, because the number of subjects of legislation is limited only by the fertility of the legislative brain. STATE AND NATION. / By emphasizing the sovereign qualities of the States, but disregarding the binding nature and irrevocability of the act by which a portion of that sovereignty had been surrendered, the doctrine of States' rights grew until it produced the Civil War. By that war it was decisively destroyed, and gave room to a new doctrine, now budding and soon to flower into beautiful maturity, — the doctrine of ''States' duties." By very reason of the fact that they are supreme over a large class of matters which come home most vitally to the citizen, the duty lies heav- ily upon the States to wield that power for his protection and upbuilding; In the past this duty has been much neglected, but when once it is understood and assumed, it will never be abandoned. A knowledge of the history of Pennsylvania is not indispensable to the practice of present day citizenship. Consequently in the description of Pennsylvania to fol- low, historical considerations will be omitted except when necessary to make plain the matter under consider- ation. We need go no further back than January 1, 1874, at which time the present Constitution went into effect, to arrive at the basic law of Pennsylvania. In general struc- ture it is a close copy of the Constitution of the United States, although the newer document shows greater elab- oration and provides against contingencies which exper- ience had shown were sure to arise. Both instruments begin with the same words, "We, the People," for both draw their power from the same source, the popular mil. The bill of rights, which was an afterthought in the national Constitution, holds first place as Article 1 of the Pennsylvania Constitution. In it are laid dowTi those great principles which Anglo-Saxon experience has found to lie at the foundation of all free government. A few quotations from the Pennsylvania Constitution will il- 8 STATE GOVERNMENT IN PENNSYLVANIA. lustrate their nature. "All men are born equally free and independent." "All power is inherent in the peo- ple, and all free governments are founded on their authority and instituted for their peace, safety and hap- piness." "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences." "Elections shall be free and equal." "Trial by jury shall be as heretofore, and the right thereof remain inviolate." "The printing press shall be free to every person who may undertake to examine the proceedings of the legislature or any branch of government." "No person shall, for the same of- fence, be twice put in jeopardy of life or limb," "Ex- cessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted." "No ex post facto law, nor any law impairing the obligation of con- tracts, or making irrevocable any grant of special privi- leges or immunities, shall be passed." "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." The kinship of the Pennsylvania Constitution with that of the nation is not only verbal, it is fundamental. The theory of government dominating both is exactly the same. It is very natural that this should be so, since the Constitution of the United States has given satisfac- tion to its citizens and has survived tests of the sever- est character, so that Americans have become proud of it and are not ashamed to imitate it. That the close par- allel of the Pennsylvania Constitution with that of the United States is an imitation and not a spontaneous out- growth of similar conditions is indicated by the fact that Pennsylvania's first Constitution, adopted in 1776, short- ly after the Declaration of Independence, and before the Constitution of the United States, provided for quite a different scheme of government, one having but a single legislative chamber, and a multiheaded executive, called STATE AND NATION. 9 The Supreme Executive Oounciil. The present State Constitution, following- the lead of its great example, pro- vides for a legislature of two branches and a single headed executive. Before proceeding further it is important that we should state the angle of approach. All properly con- ducted government is unquestionably a service to the peo- ple, but there is a clear distinction between that theory of government which looks upon the governing powcn- as merely an instrument to keep the peace while each in- dividual works out his own salvation, and the theory that looks upon the government as wielding, in behalf of the people in their struggle for existence and fuller life, the power gained by their o^vn co-operation. While the theories are distinct, there has never been any sharp distinction in practice. The governments of State and nation alike have added function after function as the people can^e to see that the government could help them. A rough classification of State action can, how- ever, be made within the lines of the two theories men- tioned, and in the following pages such governmental functions as belong to every government Avill be passed over lightly and more attention bestowed upon tliose as- pects of the government in which it is directly striving to assist its citizens. It must not be supposed that the functions to which we pay less attention are less im- portant. They are of the very mari'ow of the State, and, if we were writing from a legal point of view, we should be inclined to view the activities now to be most empha- sized as the froth of the subject. But others have writ- ten of the Constitution from the legal standpoint,^ and now the human point of view needs to be considered. (4) An Examination of the Constitution of Pennsylvania, by Charles R. Buckalew, Pliila. Kay & Brother, 1883. Commentaries on the Constitution of Pennsylvania, by Thomas Raeburn White, Phila. T. & J. W. Johnson Co.," 1907. CHAPTER II. THIJ LEGISLATURE. IN describing the govenunent of Pennsylvania as a great social agency, it is fitting that we should begin with the Legislature, for this is the branch especially designed to discover the wants of the people and to meet them by legislation. Here is the fountain head of all the State 's activities. While the executive and judicial branches of the govern- ment are coordinate with the legislative, and each has its domain wherein the others cannot interfere, the legis- lative branch has a peculiar significance, for it is the great originating and transforming agency of the State. The other branches work in grooves, the one enforcing the laws it has not made, the other interpreting and ap- plying them. Consequently, it is to the Legislature that everyone comes who feels that conditions should be changed. There are always individuals, and frequently organized associations, who are bending every energy to get something through the legislature. Probably every reader either belongs to some such association or has been urged to do so. Writing to your Eepresentative is one of the most elementary forms of public activity, and is frequently undertaken by citizens who can be induced to take no other part in the management of community affairs. The legislative power of Pennsylvania is vested in a G-eneral Assembly consisting of two houses, the Senate and the House of Representatives. The two-chambered Legislature is now the standard American practice. In fact it may be spoken of as practically universal wher- ever representative government is found. There have 10 THE LEGISLATURE. 11 come suggestions from some of the States which serve as civic experiment stations for the rest of the country, that the State Senates should be abolished. As pointed out above, Pennsylvania has had experience with a single- chambered Legislature under her first Constitution, and promptly changed to the ordinary two-chambered system. It does not seem likely that we shall revert to our primi- tive condition in this respect. However, if the two Houses were exactly similar in composition and method of action, it would be difficult to see the value of main- taining both. Therefore, it will be worth while to note in passing how far the two bodies are similar, and how they differ. It should ever be borne in mind that the causes which make the National Senate and House of Eepresentatives such different bodies do not operate fully in the case of the two Houses of a State Legislature. The Congress- men represent the people directly, and their number is proportionate to the population. The Senators repre- sent primarily the States, and their number is fixed by the number of the States, irrespective of the number of their inhabitants. The seventeenth amendment, provid- ing for the election of Senators by the people, will tend to lessen the distinction between Senators and Represen- tatives, but the dual nature of our government and its history will always cause a marked difference to exist between the two bodies. In the case of the State government the difference is entirely artificial. The basis of representation in each body is an arbitrary district, based upon population and liable to change with each reapportionment. Even the ar- tificial differences, however, have their importance. The Senate is the smaller body. This enhances the impor- tance of the individual Senator. The term of the Sena- tor. is twice that of the Representative, the Senators being elected for four years and the Representatives for two. 12 STATE GOVERNMENT IN PENNSYLVANIA. The Senate changes but half its membership each session, which makes it a continuous and experienced body, while the whole membership of the House is renewed each ses- sion, as a snake sloughs its skin. The smaller member- ship of the Senate permits business to be transacted with far greater dispatch than is possible in the House. It also makes it possible to arrange action by personal con- ference outside the Senate chamber, a method that is far more difficult with the business of the House. Proceed- ings in the Senate are usually of a dull, cut and dried nature and oratory is rare. In the House the proceedings are much livelier. The great size of the hall and the con- stant hum of conversation put a premium on stentorian speaking, and as it is difficult for the floor leaders to con- vey their wishes to so many followers with the requisite promptitude, they are driven to frequent speeches so that the docile members may know what is expected of them. Members of the House who have been elevated to the Senate frequently speak^ of missing the livelier atmos- phere of the lower body. While both Houses are theoretically of equal power, the continuity and compactness of the Senate and the general traditions of nation and State unite to make the Senate, in practice, the more powerful body. This is recognized by the party leaders, who, when they accept representative office at all, are to be found in the Senate. In turn, their presence in it enhances the relative im- portance of that body. A little jealousy occasionally crops out between the two Houses, and the Senate has come to be known — in the House — as the House of Lords, wjiile — in the retiring rooms of the Senate — its coordi- nate body is frequently spoken of as the Mad House. Senators are supposed to be somewhat more grave and reverend than members of the House, so the former must not be younger than twenty-five years, while the latter may serve at twenty-one. Both must have been THE LEGISLATURE. 13 citizens and inhabitants of the State four years, and in- habitants of their respective districts one year, and must reside in their respective districts during their term of service. The Senators are elected from districts numbered from one to fifty, throughout the State. The Represen- tative districts are not numbered, except where a county is divided into several representative districts. Thus we would speak of the Sixth Senatorial District of Pennsyl- vania, and the Fifteenth Representative District of Phila- delphia County. The boundaries of the districts are fixed by law, generally spoken of as apportionment acts. The Constitution directs these acts to be passed after each United States census but this direction is frequently dis- regarded. The number of senatorial districts is fixed at fifty, each represented by one Senator. The member- ship of the House is fixed by a calculation, which is intended to keep the membership ap- proximately at two hundred. The Constitution lays down elaborate rules for the determination of the districts in both cases. Among these are a number of re- strictive provisions. No county is to form a separate senatorial district, unless it contains four-fifths of a ratio (a ratio is one-fiftieth of the total population of tlie State), except where the adjoining counties are each en- titled to one or more Senators, when such county may be assigned a Senator on less than four-fifths and exceeding one-half of a ratio. No county is to be divided unless en- titled to two or more Senators. One of the most im- portant restrictions is little noticed. **No city or county shall be entitled to separate representation exceeding one- sixth of the whole number of Senators," ^ i. e., no more than eight. This provision evidently reflects a fear on the part of the State as a wliole of the growing relative (1) Const. Art. II, Sec. 16. 14 STATE GOVERNMENT IN PENNSYLVANIA. size of the cities. On account of this restriction, Phila- delphia is much under-represented, since its population entitles it to eleven Senators. However, this under-repre- sentation is not felt as a practical hardship, since the Philadelphia delegation, owing to its compactness and to the political importance of the city as a whole, exercises an influence disproportionate to its numbers. The very elaborateness of the constitutional pro- vision for senatorial districts has defeated its own ends. It is said to be mathematically impossible to draw an ap- portionment bill that will be entirely constitutional. Any- one with a liking for puzzles can ascertain for himself whether this is true or not. At any rate the present ap- portionment is not constitutional. To illustrate this, we have to look no farther than the case of Lancaster County, which is divided between two districts, though having a population not greatly in excess of one ratio. The method of constructing a representative appor- tionment is quite as complicated, but not so mathemati- cally impossible, because the total number is not fixed. The Representative ratio is ascertained by dividing the population of the State by two hundred. Every county containing less than five ratios has one Representative for every full ratio, and an additional Representative when the surplus exceeds half a ratio, but each county must have at least one Representative. When a county grows large enough to have five full ratios, it cannot have any Representative for its major fraction of a ratio. Again, the jealousy of the populous counties is displayed. Every city containing a population equal to a ratio elects separately its proportion of the Representatives allot- ted to the county in which it is located. Every city en- titled to more than four Representatives, and every county having more than one hundred thousand inhabi- tants is divided into districts of compact and contiguous territory, each district electing its owti proportion of THE LEGISLATURE. 15 representatives according to its population, but no dis- trict elects more than four Representatives. This latter provision explains the fact that some districts elect more than one member, as the Fifteenth and Seventeenth of Philadelphia County. The General Assembly meets at twelve o'clock noon on the first Tuesday of January eveiy second year (the odd numbered years). Many States have a session of their Legislature everj^ year. In these States the Repre- sentatives are either legislating or campaigning all the time, so they have little time to carry on any normal voca- tion, and become part of the society they are supposed to represent. Pennsylvania's plan of one session every two years seems to be as satisfactory a scheme as can bo sug- gested. Special sessions may be called by the Governor whenever he thinks expedient, but such a session can con- sider only the subjects mentioned in the call. The Constitution provides that the members of the General Assembly shall be paid; tlie amount to be de- termined by law. Tlie amount now fixed is $1500 for each regular session, and $500 for a special session, to- gether with mileage at twenty cents a mile circular (once to Harrisburg and back) and also together with one hun- dred dollars' worth of stamps and fifty dollars for stationery. As the State furnishes a bewildering amount of stationery in addition, ranging from a pen point to a pearl handled knife containing a bottle opener and a cork- screw, the stationeiy allowance may be treated as that much more salary. It is frequently assumed that the salary of the Senator is larger than that of the Repre- sentative. This is not the case, and the reason resides deep in human nature. No House of Representatives would pass a bill that pro\aded more pay for Senators than for themselves. The same is true of the national government. August as a United States Senator is, he receives no more pay than the youngest member. The 16 STATE GOVEENMENT IN PENNSYLVANIA. legislators think that the salary is inadequate, as is evi- denced by the regular way in which they pass bills to increase it for their successors (the Constitution forbids them to increase it for themselves),- and the governors seem to entertain opposite views, judging from the equal- ly regular way in which they veto these bills. ^ The Lieutenant Grovemor is, under the Constitution, President of the Senate, where he has no vote except to break a tie. Following the lead of the national Constitu- tion, i^ro vision was made for the election by the Senate itself of a president pro tempore to perform the duties of the Lieutenant Grovernor in case of his absence or dis- ability, or whenever the office of Lieutenant Governor is vacant. Lieutenant Governors differ very much in the degree to which they exercise their functions as president of the Senate. These functions have remained unexer- cised sufficiently often to give quite an importance to the office of president pro tempore. When the president of the Senate is spoken of, without further designation, it is usually the president pro tempore, and not the Lieu- tenant Governor, who is meant. The House is presided over by one of its members elected Speaker. As in the National House of Represen- tatives, the Speakership is an office of great power. It is usual to elect the leader of the majority party, and he is not expected to lay down his partisanship when he takes up the gavel. While it is never considered justifiable to violate settled parliamentary law in rendering decisions for partisan purposes, although this is not unknown, yet (2) Art. II, Sec. 8. The proposed New York constitution of 1915 increased the pay of legislators in that State from $1,500 to $2,500 per annum. Art. Ill, See. 8. (3) The last effort to increase the salary of legislators was made in the session of 1917, when a bill was passed, (Housa Bill No. 751) raising the salary to $2,500 a year, but met the usual fate at the hands of the Governor. THE LEGISLATURE. 17 in the appointment of committees, and in the reference of bills, as well as in a multitude of subtle ways, he makes his power count for the ends of his party. For many years past there has been growing in Congress the feel- ing that the Speaker was too much an autocrat, and final- ly, by what might almost be called a revolution, he was deprived of the greatest source of his power, the ap- pointment of committees. The session of the Pennsyl- vania Legislature in 1913 met after the election at which Theodore Roosevelt swept the State, and naturally felt inclined to show as much of a progressive spirit in its 0A\Ti organization as possible. Consequently, before a Speaker was elected, a committee on committees was con- stituted, charged with the duty, among other things, of revising the rules and nominating members for the vari- ous standing committees. Thus the Speaker was shorn of much of his appointing power, and, by the revised rales, the undue power of committees over bills in their charge was removed. A reaction at the next session has restored to the Speaker his appointing power, and strengthened the grip of committees upon the bills re- ferred to them, but many traces of the advances made in 1913 still remain, and it is likely to be some time before the speakership will be the despotic power that once it was. From the foregoing brief summary, it may be seen how closely the legislative branch of the government of Pennsylvania is modeled after that of the Federal Grov- ernment, in spite of the fact that the State government is a unit and not a federal aggregation. In the next chap- ters some account of its methods of working will be i>iven. CHAPTER III. THE LEGISLATUKE AT WORK. A FAIR idea of the Legislature cannot be gained by a casual visit. Its moods are diverse; its ac- tivities at different times radically different. One visitor might report that the Legislature was utterly careless and droned through its vital public work mthout bestowing any attention upon it whatever. Another might describe it as electric with interest and unceasingly at work. One might find it solemn and dignified, another condemn it as made up of peculiarly unrestrained school- boys old enough to know better. Each would be telling the truth as he saw it, but the vision would be too partial to be true. It is hoped, as far as may be in the restraint of a few chapters, to give a fairly balanced picture of the Legislature as it actually is. Most of what will be said is particularly applicable to the House of Representatives, but in all essentials of procedure the Houses are much alike. Much, too, is equally applicable to any of our State Legislatures, or, indeed, of any representative body anywhere. But as our aim is to describe our Legislature rather than to present a study in comparative legislative procedure, little attempt will be made to discriminate be- tween what is peculiar to Pennsylvania and what is typi- cal of legislative bodies in general. The doings of the Legislature are conditioned by three sources of authority. First and most important is the Constitution, which contains many provisions regulating legislative procedure. Next come the rules, each House adopting its own at the beginning of each session. Final- ly, there is an intangible body of habit and tradition M^hich has gradually grown up and has a great influence 18 THE LEGISLATURE AT WORK. 19 on the way things are done, but which cannot be reduced to writing or cited in a footnote. In the constitutional directions we may find a thread to guide us in the de- scription of the Legislature. Let us suppose that we have come to Harrisburg in- tent on having some idea transmuted into law. We first look up the Senator or Representative from our district, and present the matter to him. Then commences our edu- cation. We learn that '*No law shall be passed except by bill. ' ' ^ Clearly then it is necessary to reduce our idea to the form of a bill. The first clause of a bill is known as the enacting clause, and reads uniformly as follows: *'Be it enacted and it is hereby enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania in General Assembly met." The exact words are here given because in the laws as published, and else- where, they are generally abbreviated to, *'Be it enacted, etc.", and it is not always easy to lay hands on the pre- cise formula when wanted, though the bill is not properly dra^\TL without it. We are also told by our Representative that the rules of the House require that all bills should be presented in triplicate. One copy goes to the printer, one to the news- paper correspondents and one is the official copy that is considered by the committee to which it is referred. Wlion we have our bill in shape, we ask our Represen- tative to introduce it, and he is quite sure to consent. It is the prerogative of the humblest or most foolish citizen to hiave a bill introduced, but, unless we convince our Representative of the advisability of the measure, he is apt to introduce it *'by request." These simple words endorsed on a bill are its death warrant. The members argue, cogently enough, that if the sponsor of a bill is anxious to dissociate his personality from it there must be something wrong somewhere. (1) Const. Art. HI, Sec. 1. 20 STATE GOVERNMENT IN PENNSYLVANIA. If our bill is of a political nature, its fate, of course, will be determined by the political complexion of the Legislature, and no efforts that we or our Eepresentative can make will have much influence on the result. How- ever, let us imagine that the sponsor of our bill adopts it as his own, and that it is not of such a nature as to cause a division along party lines, and then let us watch its progress. ' ' No bill shall be considered unless referred to a com- mittee, returned therefrom, and printed for the use of the members." ^ Our bill being, as we have supposed, of a non-political character, the Speaker mil probably refer it to whatever committee the title suggests. This may be any of the forty-one standing committees of the House, which vary considerably from one another in importance. Some of them are merely names, and serve no other purpose than to allow new members to publish the committee assign- ments to which their talents have entitled them. That their committees never meet need not be explained to the folks up home. The most powerful committee, and in a certain sense, the most important, is the Committee on Appropriations, concerning which more will be said when we are treating of the State's expenditures. The committee which deals with the widest range of questions and which is most important except from the standpoint of money, is the Committee on Judiciary General. This is the lawyers ' committee, and its membership is entirely recruited from members of the bar. To it come all ques- tions of a technically legal nature, and many others upon which the opinion of a group of especially trained men is desired. Its chairman is apt to be floor leader for the majority party. The Committee on Judiciary Special has of late years come to be of very much the same nature as the Judiciary General. Its membership is also com- (2) Const. Art. Ill, Sec. 2. THE LEGISLATURE AT WORK. 21 posed of lawyers, and it performs much the same work. In times past, however, it had the reputation of being the place where the Speaker sent bills he desired suppressed. Hence its popular name of "Pickle Committee." An- other important committee is that on Municipal Corpora- tions, to which comes a constant stream of bills relating to the various municipalities of the State. Other com- mittees are important but not so busy, though on oc- casions they are worked very hard, as for instance, the Committee on Education when it Avas considering the School Code, or the Committee on Agriculture when someone has introduced a bill permitting oleomargarine manufacturers to employ artificial color. So our bill has been almost automatically ** referred to a oonmiittee." But ''returned therefrom" — ah! that is a different matter. In committee is about the only place where bills get any thoughtful consideration, and, it must frankly be confessed, they get little enough there. This is due partly to the fact that many members, on ac- count of their limited outlook, are not to be expected to be in a position to consider matters beyond the particular line in which they have been trained; and partly to con- flicting interest in other things, for a baseball game has been knoA\Ti to render a quorum impossible. However, neither of these reasons would be serious were it not for one much deeper, the fact that the people, in their lust for new law, have overloaded their law machine. To prepare himself to appreciate this point, let the reader open the last volume of laws and pick out a statute upon a subject not familiar to him. Then let him suppose himself in the position of a committeeman who is called upon to consider that law while still only a bill. First let him ascertain the state of the present law on the subject, then let him ascertain how the bill would modify the law, and lastly whether such modification is desir- able or not. If the reader will do this as carefully 22 STATE GOVERNMENT IN PENNSYLVANIA. as he thinks it ought to be done before the change is en- forced on the whole State, he will be in a position to realize the meaning of the fact that at the session of 1917 there were introduced into the Legislature 2549 bills.^ No. possible human industry could be fair to them all. Still, much could be done if there were but opportunity to get at it. But consider a typical day's work. The Legislator gets up as early as he can after being hard at work till late the night before. He is at his desk, we will say, at nine o'clock. Not a desk in a quiet office, but out in the ofjen on the floor of the House, unpro- tected from the attentions of fellow members, newspaper correspondents and constituents. His mail box is bulg- ing. Were he a Congressman his government-paid clerk would have had his letters opened, classified, the easy ones answered, and the information collected for answer- ing the others. Not so with the Legislator. He opens them all with his own hand and answers them all, some on the spot with pen and ink, and those that can wait, he defers till his return home. On his desk lies the calendar of the bills that will be voted on during the day. On each he must vote aye or no. Middle ground is denied him. And for each aye or no he must stand ready to ex- plain at any future time. Before him also lies the text of the bills, piled up in a mountain of print. Prudence would dictate that, at least, he should read them. But soon the short hour has sped and the gavel falls. Then, till half past twelve, the session is in full swing. Some little work he may do while the orators drone or the roll call patters, but only with a divided attention. His enemies must not catch him off his guard. Lunch is taken hurriedly, often with the work of the morning mulled over again, for the members frequently eat together and then always talk shop. At two o 'clock comes an hour of com- (3) 1603 in the House and 946 in the Senate. Information furnished by the Legislative Reference Bureau. THE LEGISLATURE AT WORK. 23 mittee meetings. Then a session of the House till 5.30 or 6.00. A pause for dinner and an evening 's work either in committee or, towards the close of the session, in the House itself. Perhaps the members should take the bills home with them to study them Fridays and Saturdays. But who are the members? Not retired capitalists, but men of busi- ness or professional men, and at home they find a week's correspondence piled up and a week's knotty points saved for the attention of the head of the house, or irri- tated clients whose matters have been postponed, or side- tracked patients whose maladies will not brook delay. To do a week 's work in two days is hard enough of itself, but when enlivened with political conferences and delegations of constituents, it is certainly not conducive to the study of billts. Tlie outstandiiiu' fact is : There i.s no quiet time when bills can be studied. But to return to our bill. It. had been referred to committee, but not yet returned therefrom. We are very lucky if it has been referred to a committee of which its sponsor is a member, because then he can see that it gets attention. Neglect is as fatal to bills as to babies. If no one has any objection to the bill, it may be reported with a favorable recommendation very promptly. If the bill is of any importance, however, there is in all proba- bility some interest in the State that will object. This in- terest will get in touch with some member on the Conmait- tee and gain his influence against the bill. Then prob- ably a hearing will be held and we and our opponents will be allowed to present arguments to the committee. Per- haps a subcommittee will be appointed to give closer at- tention to the bill. The enemies of the bill will try in every way possible to cause delay, hoping by obstructive tactics to keep the bill back till it fails of passage for pure want of time. In some sessions this is easier to achieve than in others, but in all sessions there is a ten- 24 STATE GOVERNMENT IN PENNSYLVANIA. dency to dawdle at first, so that work gets into a fearful jam at the end and much is left undone. So our Eepre- sentative must be diligent. If it becomes evident that the committee is delaying the bill it may be necessary to introduce a resolution in the House to discharge the com- mittee from further consideration of the bill. This can- not be done until the committee has had the bill for ten days, and is a desperate remedy at best, for the com- mittee has a very sharp retort. It may return the bill with a negative recommendation, a treatment most del- eterious to a bill.^ Therefore, diplomacy requires that we should get, if possible, a voluntary approval of the bill, and probably we shall get it, for few bills with strong backing are now killed in committee, though our patience may have occasioned the loss of precious time. So our bill has been ''returned therefrom." Now it must be ''printed for the use of the members." Whatever may be said against the actions of the Pennsylvania Legislature, it cannot be denied that the requirement of printing bills for the use of the members has been lived up to both in letter and in spirit. In this respect Pennsylvania, in its most unregenerate days, sur- passed Wisconsin, even after that State had become conscious of its ' ' Idea. ' ' ^ Not only are the bills printed when returned from committee, but it has long been the (4) Until 1913 a negative recommendation was well nigh fatal, for the iniles provided that a bill returned with a negative recom- mendation could not be considered by the House unless placed upon the calendar by a vote of one hundred and fonr members, enough to pass the bill finall3\ The purpose of the rules' revision of 1913 was to limit the power both of the speaker and committees over the action of the House itself, so it provided that the vote of sixty members is enough both to discharg'e a committee and to place a bill upon the calendar if returned with a negative recommendation. The present (1917) rule is that sixty votes will discharge a committee and a majority of those voting place a negative bill on the calendar. (5) cf. The Wisconsin Idea. pp. 194-195-196. The MacMillan Company, New York, 1912. THE LEGISLATURE AT WORK. 25 regular practice of the House and occasionally of the Senate, to have them printed as soon as introduced. This is a most wholesome method of letting in the light on the doings of the Legislature. Also, the bills are reprinted when amended, and cannot be acted upon until re- printed.'' Conference reports also, are printed. "Every bill shall be read at length on three different days in each House." '^ This provision is observed in the spirit, however sadly shattered in the letter. The real purpose of the provision is to prevent undue haste and to insure that no bill can be passed in less than five days ' time. This much is strictly adhered to, but no set of mortal men could endure to sit while the mass of legis- lation before the Houses was read word for word, at length. Occasionally, for filibustering purposes, just this is insisted upon. Toward the end of the session of 1909 a filibuster was being conducted against the school code. This enormous bill, containing hundreds of sections, had to meet detemiined opposition to many of its provisions, and, merely for the purpose of delay, the opponents of the measure demanded that it be read word for word. The weary night dragged on. The weary clerks droned on, while a vigilant filibusterer sat at their feet and, with finger on page, followed the text to see that nothing was omitted. After a while the clerks collapsed entirely and volunteers from the members took up the work. Grad- ually the members drifted out, or went to sleep in their chairs. If a quoiTim remained, it is certain that less than a quorum was awake. At last it struck some original soul that the constitutional requirement would be satisfied if several read at once, beginning at different places. So a reading squad of ten was organized and all read simul- taneously. The scene that followed suggested a strike (6) Const. Art. Ill, Sec. 4. (7) Const. Art. IH, Sec. 4. 26 STATE GOVEENMENT IN PENNSYLVANIA, on the tower of Babel. The idea was, no doubt, unsound constitutionally, but practically it broke up the filibuster and saved the school code for the more dignified death of the Governor's axe. At the next session, however, a similar bill was passed and signed. Our bill, having been reported "as committed," or "as amended," is now upon the calendar of business of the House, under the heading. Bills on first reading. When that order is reached they are read (?) by the clerk and adopted by the House viva voce. That the bills shall be adopted on first reading without objection is the general practice. Very occasionally, an obnoxious bill will be attacked on first reading, though it is not considered good form to do so, because, as such an attack would be very unexpected, the friends of the bill would be taken off their guard. Sometimes the attack is made at this stage sim- ply to serve warning that the bill is so disliked that it will be attacked at every possible opportunity. If a real opposition does develop, the friends of the measure insist on a roll call and the same kind of a contest takes place as would normally occur at a later stage. In case the bill passed first reading, a similar fight would occur on each subsequent reading and this would tend to re- quire all forensic work to be in triplicate. This fact tends to restrict the attack on bills on first reading to rare in- stances. We may feel quite confident that our bill will pass first reading as a matter of mere routine. Then it finds its place on the calendar of bills on second reading. This stage is by no means a matter of routine. For any important bill it is a period of storm and stress, for it is the stage provided by the rules for the offering of amend- ments. Upon each bill the House ought, in accordance with its rules, to go into committee of the whole. In the committee of the whole the rules are relaxed and a more general and informal discussion is supposed to be possi- ble. In actual practice, however, there is little advantage THE LEGISLATURE AT WORK. 27 in going into committee, so the Speaker's formula, ''Will the House dispense with the Committee of the Whole — Dispensed with," has become a matter of routine. At this crisis of the bill's career it is well that its outside friends should be near to counsel the sponsor, for by judicious concession on unessential points the bill may come through intact. Also, apparently harmless but actu- ally destinictive amendments must be opposed with every weapon at command. If our bill comes through second reading, it takes its place upon the third reading calendar. Passing a bill on third reading is usually as much a matter of routine as passing it on first, but then comes final passage. Un- der tlie Constitution the yeas and nays must bo taken. The lines of battle are dra^\Ti and the real test occurs. To pass a bill finally requires — not a majority of those present — but a majority of all the members whether present or not. If one more than half the House were present, a quorum would be present and the House could do business, but one member could veto every bill he wished. The effect of this provision is far reaching. While the attendance is, on the Avhole, very good, there are always some absentees and occasionally a consider- able number. Under the rule mentioned above, to be absent has all the practical effect of voting against every bill considered during the absence. Knowing this, mem- bers who really oppose bills, but who for some reason desire not to be recorded against them, refrain from vot- ing. The uninitiated may think this a neutral position, but the bill would not have been more injured had such a member voted directly against it. A bill will frequently have a far greater number of affirmative than negative votes, but still fail to reach the magic number of one hun- dred and four. While roll call is required on the final passage of a bill, it is frequently had at other stages and on other mat- 28 STATE GOVERNMENT IN PENNSYLVANIA. ters. The different practice of State and nation in this regard is interesting. A comparison of the provisions relating to yea and nay voting in the Pennsylvania and United States Constitntions ^ reveals that it is much eas- ier to require a roll call in the State than in the nation, especially under the rule of the Pennsylvania House which enables two members to require a roll call on any question. This difference seems aptly fitted to the con- ditions under which the two bodies work. In Congress there is a tremendous amount of filibustering, and the roll call is one of the readiest instruments of such tac- tics. If a roll call could be ordered on any question by two members, it would be possible for a very small group to tie up the whole House for an indefinite period. In the Pennsylvania Legislature a filibuster is very rare. Even legitimate debate is received very impatiently, and the chief evil, in the way of procedure, is a tendency to jam through everything without due consideration. Conse- quently, the power of demanding roll calls is seldom abused. On the other hand, it is very valuable in making the members vote according to their representative opin- ions rather than according to their private opinions. A representative opinion is that which a member wishes his constituents to believe he entertains. Therefore, in (8) ". . . no bill shall become a law, unless on its final passage the vote be taken by j'eas and nays, the names of the persons A-oting- for and against the same be entered on the journal, and a majority of the members elected to each House be recorded thereon as voting in its favor." (Penna. Const. Art. Ill, Sec. 4.) "The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the Journals, and the mem- bers shall have the right to insert the reasons of their votes on the Journals." (Rule of the Penna. House No. 52.) "Each House shall keep' a Journal of its Proceedings, and 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." (U. S. Const. Sec. 5, Clause 3.) THE LEGISLATURE AT WORK. 29 any matter in which his action becomes a public record, he votes his representative opinion, but whenever he can influence legislative results without his action being re- corded, he is apt to act according to his private opinion. Many actions of the House are taken by means of a viva voce vote, where a record, of course, is impossible. Notably is this so in adopting amendments. An amend- ment, however, is often vital to the value of a bill, so in order to secure that members shall vote their represen- tative rather than their private opinions on vital amend- ments, it is frequently necessary to insist on a roll call. It is not at all unusual to hear a disabling amendment to a bill carried with an overwhelming shout, while on roll call the necessary majority to adopt it cannot be found. If our bill has achieved the necessary number of votes it is si.gned by the Speaker, in the presence of the House, as is required by the Constitution.^ It is then messaged to the Senate where it is again referred to committee and must travel the same road as before. Some Senator must now be induced to interest himself in it, for the member who introduced it in the House can do little for it in the upper body. Senate committees are notoriously more tenacious of bills than are House committees, and the Senate's rules have not been liberalized for the purpose of making committees disgorge, as have those of the House. Should our bill finally pass in the Senate, it will be sent to the Governor, wlio makes it a law by signing it, or destroys it with his veto. A vetoed bill can only be resurrected by a two-thirds vote of both Houses, and in Pennsylvania the passing of a bill over a veto is a rare occurrence. (9) Const. Art. Ill, Sec. 9. CHAPTER IV. THE LEGISLATURE AT PLAY. IF the boy is the father of the man, the man is some- times such a large chip off the old block as to be diffi- cult to distinguish from his progenitor. Perhaps it is the suggestion of the schoolroom surrounding the Rep- resentative on every side that carries him irresistibly back to the blithe days of boyhood. There he sits at a little desk, with pencils and pens and erasers and tablets under the lid, and keeps order for long hours, while up above sits the Speaker, like a stern teacher, watching conduct with an eagle eye. At first the new dignity of being a part of the govern- ment of a mighty commonwealth sits heavy on the mem- ber, and keeps him an adult. But as the session drags on and he becomes more familiar mth the Speaker and the Sergeant-at-Arms, the boy begins to crop out. Usually the first symptoms appear with the opening of the base- ball season in the Spring. When the great windows of the hall of the House stand open, and the squirrels frisk on the lawns of Capitol Hill, then the quorum will dimin- ish and the relative merits of the Lancaster and Harris- burg teams rank mth the fate of the oleo bill. About this time there is apt to come to final passage • some bill concerning dogs, relative perhaps to their tax- ation, muzzling, protection, what not. The clerk calls the roll. Instead of the stentorian ''aye" or ''no," there comes a succession of barks, snarls, yaps and grunts. Dog bills always seem to excite the risibilities of the House. In the following excerpt from the Record, which will serve to give some idea of legislative pleasantry, the sympathetic reader will realize that much is lost through reduction to cold print. 30 THE LEGISLATURE AT PLAY. 31 There was under discussion "An act to provide for the registration, taxation and identification of dogs, pre- scribing penalties for its violation and means for its en- forcement, and appropriating the money raised by such taxation. ' ' Mr. Cochrane: On the second page ol the the bill in line 18, the provision is that the dog shall wear a metallic tag which shall be stamped or engraved with the licensed number in figures. Now, suppose the dog should get into a fight and the other dog should either tear it off or swallow it, then this dog would be liable to the fine prescribed by this bill. Mr. Young: Mr. Speaker. The Speaker: The gentleman from Clinton, Mr. Young. Mr. Yomig: Mr. Speakei', I desire to interrogate the gentle- man from Armstrong, Mr. Cochrane. The Speaker: The gentleman from Clinton, Mr. Young, de- sires to interrogate the gentleman from Armstrong, Mr. Cochrane. Will the gentleman permit himself to be interrogated ? Mr. Cochrane: Mr. Speaker, certainly. Mr. Young: Mr. Speaker, did I understand the gentleman from Armstrong to say that he said this \\\K>n his scientific knowledge of dogs? Mr. Cochrane: Mr. Speaker, did I understand the gentleman to say on my scientific knowledge of dogs? Mr. Young: Mr. Speaker, I will change the question. Do I understand that whei'e a dog commits suicide can you make it support the child? (Laughter.) Mr. Blakslee: Mr. Speaker. The Speaker: The gentleman from Carbon, Mr. Blakslee. Mr. Blakslee : ^Ir. Speaker, I ask unanimous consent to offer the following amendment. The Speaker: The gentleman from Armstrong has the floor. Mr. Cochrane: Mr. Speaker, in section six of this bill it further provides that it is the duty of the constable of each town- ship, ward, precinct, borough and city in this Commonwealth to capture and destroy in a humane manner and proi)erly disix)se of any dog not wearing the tag provided for in this act, and upon making proof under oath to the satisfaction of the county commissioners he is to receive the sum of fifty cents. Now, Mr. Speaker, I raise the constitutionality objection to this bill, That this is a scalp law and not a dog law. As set forth in section six of this bill and in the eighth section of the bill, it also provides for the payment of claims for horses, mules, cattle and swine bitten by a mad dog. Now, it says nothing at all about children. I presume that the dog in this bill can make 32 STATE GOVEKNMENT IN PENNSYLVANIA. an attack upon the children and not be required to pay for any bites that he may give, but he shall pay for bites of horses, mules, cattle and swine. (Cries of aye, aye, kiyi.) Mr. Speaker, I think there is some merit in this bill, but I believe we had better pass it up to the next session. Mr. Blakslee : Mr. Speaker, I ask unanimous consent to insert the following amendment. The amendment was read by the clerk as follows : — Amend section one by adding at the end of the section the following: ''That each dog shall have two white lights displayed in front and shall have a red light in the rear that the license may be illuminated by night." (Prolonged laughter and applause.) The Speaker: The amendment is not germane. (Laughter.) Mr. Mandn : Mr. Speaker. The Speaker: The gentleman from Pike, Mr. Marvin. Mr. Mai'vin : Mr. Speaker, I was about to offer an amend- ment to the amendment of the gentleman from Carbon specify- ing that the speed should be regailated at ten miles an hour on public highways. There is another thing that I don't like in this bill. This bill provides that the fine shall go to the wrong place; it seems to me that the fine should not be over the value of the dog- — fifty cents for each dog. (Laughter.) Mr. Minehart: Mr. Speaker. The Speaker: The gentleman from Franklin, Mr. Minehart. Mr. Minehart : Mr. Speaker, now that we have considered this matter very seriously and in a very just manner, I move that this bill be continued for a period of forty days. (Laughter.) Mr. Kuser: Mr. Speaker. The Speaker: The gentleman from Berks, Mr. Kuser. Mr. Kuser: Mr. Speaker, I second the motion. Mr. Habgood: Mr. Speaker. The Speaker: The gentleman from McKean, Ml-. Habgood. Mr. Habgood : Mr. Speaker, I move to amend that motion that this bill be postponed until dog days. Mr. Minehart: Mr. Speaker, I accept that amendment, as I think it is a good one. (Laughter.) Mr. Garner: Mr. Speaker. The Speaker: The gentleman from Schuylkill, Mr. Garner. Mr. Gamer: Mr. Speaker, I move to amend that motion to say that it be committed to the Committee on Fish and Game. (Prolonged laughter.) The Speaker: Is that motion seconded? It does not seem to be seconded.! (1) Legislative Record, Session 1907, Vol. II, p. 2525. THE LEGISLATURE AT PLAY. 33 When the vote was taken, there were 60 "aye" yelps and 58 ''no" yelps, but as the necessary 104 votes were not secured, the bill failed. However, a very similar bill did pass the same session.- On the whole, the play instinct is kept pretty well under until the work of legislation is nearly done. Final- ly the pressure rises too high, and there is an explosion. The session preceding the day of final adjournment always extends throughout the night. This is not because the members especially enjoy working all night, but be- cause a universal procrastination always secures them a heavy calendar of work at the last moment. If the mere passage of bills were all that required to be done the calen- dar might be cleared by rapid roll calls. But there are always reports from the committees appointed to harmon- ize the differences between the Senate and the House, and these reports must be printed ; the general apJ3ropri- ation bill is always retained till the closing hours in order that it may include provision for all the expenses author- ized by the latest legislation; and there are a host of details which do not engage the attention of the whole House but which must be disposed of before the House can adjourn. Althougli the Senate is a much more expe- ditious body, it, too, must watch the night out with the House. (2) Act June 1st, 1907, P. L. 362. This act was repealed by Act July 11, 1917, P. L. , which codified the dog' law. This latter aet goes into effect January 15th, 1918, and should be carefully studied by all dog- owners, since under it they will have serious re- sponsibilities. For instance See. 24 provides, "The owner or keeper of evei"y dog shall at all times, between sunset and sunrise of each day, (sic) keep such dog — either (a) confined within an enclosure from which it cannot escape, or (b) firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured, or (c) under the reasonable control of some person, or when engaged in lawful hunting accompanied by an owner or handler." Failing to comply with the pro\nsions of this act is a misdemeanor punishable by fine or imprisonment. 3 34 STATE GOVERNMENT IN PENNSYLVANIA. Let US attend in imagination a typical session of the House on the day before final adjournment. It opens much as usual. The members seem a little restless, but any disorder is sternly repressed by the Speaker, and business hurries on. Towards the end of the day, or perhaps early in the evening, the Speaker has about reached the limit of his control. Suddenly, as out of nowhere, a paper missile flies, only to fall harmless in the aisle. Bang! Down comes the gav.el, and the Speaker exhorts the members to realize that serious work remains to be done, only to gaze helplessly at the full text of some weighty code (that handiest of legislative weapons) sail with fluttering pages from some rear seat to be arrested in its flight by the nape of a representative neck. Then for a while chaos is unloosed. The temptation of the arsenal of useless paper is too great, and a snowstorm burst's. Sheets crumpled into balls satisfy some, but most lethal is a fat bill that curves and twists with the agility of a boomerang. Bill files are useful as entrench- ments behind w^hich the more timid crouch until the storm is past. Now for the first time the new members realize the advantage of the custom which relegates them to seats in the rear. After a while the storm slackens, owing to the exhaustion of the ammunition of the more ag- gressive, and only an occasional discharge betokens that the siege is still maintained. The aisles are now inches deep in loose paper, and the passerby wades to the ankle in bills. All the while business proceeds, for no one would think of stopping .just because of a few cut-ups. Soon communication with the base seems to have been restored and reserve ammunition brought up, for large bags of confetti are generously handed around, and the business of the House continues amid a gentle fall of parti-colored snow. By midnight the calendar is cleared, but the work is by no means over. Then the House recesses for an hour THE LEGISLATURE AT PLAY. 35 to discuss the hospitality of the Chief Clerk, in the sub- terranean caverns of the Capitol basement with its squat columns reminiscent of the temple scenes in Aida. Eeturning refreshed, the members reassemble only to find that there is little business before them. Satan finds some mischief still For idle hands to do. The Speaker vacates the chair and surrenders the gavel, not to the best parliamentarian, but the best stunt director, and the House resolves itself into a Committee of the Whole for the purpose of jollification, resembling- nothing so much as a small town vaudeville theatre on amateur night. Those who think they can sing are un- leashed. Strange what hallucinations some people cherish ! If one who is suspected of thinking he can sing seems coy when invited and shows a disposition to sneak out the back way, it is simple enough to have him grab- bed by four husky members from the coal regions, one to each limb, and carried headforemost to the rostrum. Already the singers of the House have drifted to- gether naturally and an extemporized glee club is soon in full swing. Some of the voices are evidently not what once they were, and the repertoire is limited to the oldest and most favorite of the old favorites, but the singing is hearty, being done for pure enjojTnent, and all the members join lustily in the chorus. DowTi in front of the clerks' desk something is evi- dently go-ing on, and the members crowd around to see. A great banner, or chart printed on cloth, is produced. At first sight the reading matter is quite unintelligible, but when near enough for its large type to be visible it is seen to be a song, with a number of pictures of ob- jects and the notes for the chorus, all in correct Penn- sylvania Dutch. One member solemnly intones the open- ing words, **Ist das nicht eine Sohnitzelbank ? " and from 36 STATE GOVEENMENT IN PENNSYLVANIA. his coadjutor comes the antiphonal response, ' ' Ja das ist eine Schnitzelbank, " and from those who can read the words comes the stirring chorus, ''Ei du schoene, ei du schoene, ei du schoene schnitzelbank." Again, the inter- locutor intones, this time with reference to '*Ein Kurz und Lang," and again comes the asseverative response. Then they couple the first and second name, — house that Jack built style, — and the augmented crowd, now learn- ing the chorus, voices it with deep throated enjoyment. So the chant grows, each time extended by the addition of a name, and each chorus deepened by additional voices until the last thunderous ''schnitzelbank" reverberates through the whole Capitol and dies away in answering echoes in the great dome.^ Bang! The gavel falls, and the members look up to note that the stunt speaker has given way to the real Speaker. All subside into their seats and the rollicking mob becomes instantly the grave legislative assembly. Some conference report has come in and is disposed of, some Senate amendments to House bills are concurred in, and again the House finds itself with nothing to do, but unable to adjourn. The Speaker as before leaves the chair to a presiding officer who has no reputation for dig- nity to maintain, and the fun starts anew. Paper flies, confetti floats. Burlesque speeches, aptly caricaturing the more striking orators of the House, are spouted. In the midst of all this a grizzled veteran in the old blue uniform walks in. He had been a member of the House a generation ago, and now, on his way to Gettysburg, he has tarried to fight again his political battles. His story quickly reaches the Speaker, and the old soldier is called to the rostrum, where he receives an ovation from the members, and delivers some plain and direct words of (3) This song is well known in the Pennsylvania German region, but is hard to obtain elsewhere. The author has a copy published by the Broadway Publishing Co., 287 Broadway, Buffalo, N. Y. THE LEGISLATURE AT PLAY, 37 patriotism. Then someone seizes the American flag that stands behind the Speaker's desk and, gently forcing the veteran to lead the procession with Old Glory, the whole House falls in and marches up and down the aisles sing- ing the Star Spangled Banner. The crowded gallery and side aisles join in, and the Speaker conducts with his gavel. This over, the uproar begins anew. From some masked battery armed with one squirt gun, a thin stream runs its parabolic course and irrigates the tonsured pate of an elderly and highly respectable Representative. Then another victim feels, but fails to locate, the hidden artillerist. Finally one espies the mischief maker and, quietly slipping out, returns with a 42 centimeter bucket charged to the muzzle. The superior weig^ht of metal is decisive. Clearly things are going too far, and it is time for something more orderly. The distribution of appropri- ate presents begins. A handsome and thoroughly practi- cable baby coach is presented to a member who has had recent occasion for one. To a party whip is presented a real lash to make his work effective. A member conspicu- ous for hunting out legislative snakes is given a pop "im to arm himself in his quest. To a white haired but vig- orous minister (the House is never without one or more ministers in its membership), who. had been strong in his championship of bills for the prevention of vice, is given a red lantern and a piece or two of filmy apparel. A diffi- cult task the old preacher faces as he rises to reply to the speech of presentation amid the expectant silence of the members. For a few moments he speaks lightly, not to break too suddenly the levity of the occasion, but grad- ually the sentiments he utters begin to rise, till, sustained by the full rush of his oratory, they soar aloft. The breathless listeners hear a sermon, powerful, brief, such as they have seldom heard before. In chastened mood the House is ready again for seri- 38 STATE GOVERNMENT IN PENNSYLVANIA. ous business. As this is transacted it grows very late. Members drift out. Some drop their heads on the desk before them and sleep, oblivious of the brilliant lights and constant sound. The great casement v^^indows of the House, flung wide to welcome the summer air, are black with the satin texture of the night. But look again. Into the blackness has crept a trace of deepest blue, blue too deep to have a name. Gradually, imperceptibly, but inex- orably the blue lig'htens, till at the final fall of the gavel, we look out at the azure heavens and the new day is at hand. No thought of bed now. A brisk walk over the Susquehanna on the long bridge, a cold bath and a hearty breakfast renew the bodily forces for the closing scenes. What a change ! A few hours ago the aisles were deep in strevni papers, the desks covered with bill files in all stages of disintegration, giving a white, almost snow- covered look to the room. Now all is serene, clear, and of that deep red color familiar Avhen the House first met, but forgotten as the bill files swelled, and somehow the verse about the man clothed and in his right mind per- sistently recurs. A few belated pieces of business are to be attended to, but the real purpose of this session is to say farewell. Notwithstanding the clash of party and personality that has taken place throughout the session, the closing day brings with it the pang of parting. There is in the air that shade of melancholy that pervades a college campus on commencement day, and also something of the same gala occasion. By long custom the sentiments of the House are crystallized into handsome presents for the chief officers. These are displayed before the rostrum, and the rich silver, cut glass and oriental rugs suggest the ground floor of a great department store. The Speaker, all the clerks and even the page boys are remem- bered, and often the chairmen of the more important com- mittees. With each gift, of course, goes a presentation THE LEGISLATURE AT PLAY. 39 speech. How can it all be done before twelve o 'clock, that inexorable hour set for final adjournment? Ask the clock. That staid timepiece that so calmly has measured off the hours throughout the session now seems possessed. Its hands, like Sisyphus, toil upward, only to slip back. Again and again they climb, till, when all the talk is over, they attain the goal and the Speaker announces, "The House stands adjourned sine die." CHAPTER V. THE LEGISLATURE SPENDING MONEY. THE following incident, coming under tlie observa- tion of the author, may serve as an introduction to a description of the methods of the Legislature in making appropriations: The Senate was in session, though almost the only evidence of that fact was the group of officials in their places, for the floor was bare of senators, save two, and these were deeply immersed in their newspapers. A low droning pervaded the atmosphere, which, when attended to, proved to be the voice of the reading clerk continu- ously calling the roll. At regular intervals the presid- ing officer would anounce that a bill had passed finally. At the rear of the room stood a group of spectators, members of the House, newspaper men and visitors. Whether the farce of the procedure struck them simul- taneously, or whether some joke was sprung, it is hard to say, but suddenly a general laugh broke forth. Down came the gavel of the presiding officer, and he called them to order with the remark, "The gentlemen in the rear of the room must not make so much noise, the Sena- tors cannot hear their names being called." This was the Senate of Pennsylvania passing appropriation bills. In the House a scene of similar import might be fre- quently witnessed. Decorously enough the first bill or two passes. Then the clerk, who has the names per- fectly by rote, spins them off till each member must wing his name on the fly. The pace grows too furious for any response, and the ayes come snapping from all parts of the room without much connection with the names called. Soon the roll miraculously shortens. Members have 40 THE LEGISLATURE SPENDING MONEY. 41 ceased to attempt to hear or answer to their names, but the more active of them shout ' ' aye ' ' just to keep things moving. Occasionally a member musically inclined will sustain a long drawn aye and others joining in third, fifth and octave produce a chord as from a groat organ. As the weary grind proceeds, less and less formality is ob- served. At length, no more than this, — the bill is an- nounced, the clerk starts the roll, and immediately a choms of ayes brings the procedure to a close. In each case, when the Speaker announces the vote, it always appears that more than two-thirds of the members, and frequently almost the total number, have voted. At the first impulse we are tempted to denounce the whole proceeding as a colossal fraud, but it is not fraud, it is a species of unanimous consent. Both the Senate and the House in the cases mentioned are saving them- selves the intolerable iteration resulting from a literal ob- servance of the constitutional routine in every case. If a member should rise and announce that he intends to oppose a bill, the House or Senate would relapse into its accustomed order and the roll call would proceed with accuracy. Nevertheless this unanimity itself is a matter of con- siderable interest to the critical observer. Since in all other walks of life the distribution of large sums of money, especially among those who have not worked for it, is the cause of so many bickerings and heartburnings, so much strife and litigation, how can it be that the Legis- lature of Pennsylvania can distribute $10,000,000 in a day without enough difference of opinion to make it necessary to call the roll? To explain this, it is necessary that we should de- scribe an institution peculiar to a small group of States of which Pennsylvania is the most conspicuous, viz.. State appropriation to privately managed charity.' The (1) "Twenty-two states make no appropriation whatever to 42 STATE GOVERNMENT IN PENNSYLVANIA. magnitude of the question can be comprehended when it is learned that the Pennsylvania Legislature of 1917 appropriated $6,670,050 (reduced by the Governor to $6,266,300) to charitable institutions, the management of which is not in its own hands. The private charitable in- stitutions which were the recipients of this bounty num- bered 282.- That there should be such a horde of appli- cants for State bounty, very few of whom really could hope that all their wants would be satisfied, would seem to insure trouble in distributing the funds available rather than the strange unanimity of which we have al- ready spoken. Therefore it is necessary that we should give particular attention to the system of State appro- priation to private charities and trace out its results widely ramifying through the whole structure of legis- lation. The workings of this system will be more vividly ap- prehended if we accompany a newly elected member through the experiences which give him his first insight into it. Shortly after his election he will be waited upon by a delegation from the Board of the Hospital or Home in his district, who will request him to introduce a bill making them their usual appropriation. Know- ing the worthiness of the institution and the good which it is doing in the community, the newly elected member is pleased to acquiesce, and gladly promises to do what in him lies to aid the passage of the appropriation. Con- sequently he promptly introduces the bill and finds him- self in plenty of company, for at least 350 other bills of the same general nature have been introduced. The privately managed charities, fifteen make such appropriation sparingly and nine place no apparent restriction on their grants." State Money and Privately Managed Charities — A chapter from Experience, by Alexander Fleisher, The Survey, October 31, 1914. (2) The figures given in this chapter have been compiled by the Public Charities Association of Pennsylvania, Empire Bldg., Philadel- phia. THE LEGISLATURE SPENDING MONEY. 43 number is significant, being larger than the total num- ber of Senators and Representatives, so that there is on the average more than one institution depending on each member of the House or Senate. The various appro- priation bills are referred to the appropriation commit- tee and when safely gathered there the system begins its work. Some sharp issue in the House arises. The hench- men vote as they are told, but the balance of power does not lie with them. The votes of the men of personal in- tegrity and standing in their communities, are needed to make up the majority. No doubt they will vote as they think right, but to know what is right is the difficulty. Someone has whispered in their ear the fatal spell, ''You must go along if you want to get anything," and now they begin to understand what it means. The appropri- ation bill for which they are responsible, is not yet out of committee. The men who are the sponsors for the bill creating the issue in question are powerful members of the appropriation committee, and it would be dangerous to antagonize them. The newcomer may be smart enough to take the hint, but if not, he will soon be told coldly and frankly that it is useless for him to expect that ap- propriations will be made for institutions in his district unless he goes along with the powers which are able to give or withhold. And so arises a sharp conflict in his soul. He thinks of the disaster that would attend the withholding of tlie needed money, of the sufferers in the hospital at home who would have nowhere to go should charit}^ fail, and yet conscience forbids to vote for the wrong. Oh, the diabolical refinement of the scheme which sets the tenderest sympathies at war with con- science! At first the sympathies are apt to pre- vail, for there are salves for the conscience. ''When my appropriation has been passed, then I can vote more independently." Poor deluded mortal, 44 STATE GOVERNMENT IN PENNSYLVANIA. you do not yet know the rules of the House, ' ' No bill ap- propriating money for charitable or benevolent purposes will be considered further than second reading until after the general appropriation bill shall have been reported from committee." Go study the history of former ses- sions and learn that months after the opening day the general appropriation bill is still in committee. When once solicitude for your appropriation has mastered your conduct, you must sit the session through like Damocles, the sword of fear ever swinging over your head. In his bewilderment the new member turns for advice to the men in his community to whom he has been accus- tomed to look up as leaders in good work, — leaders in good work, and consequently directors of the institution which needs the money. The dilemma puzzles them, too, but the difficulty about voting right does not seem so acute. They are not members of the Legislature and have not taken oath of office, while their close knowledge of the needs of their institution makes that branch of the question loom very large. They would not advise the member to vote against his conscience, certainly not, but we should not be surprised to hear them enlarge on the propriety of not being quixotic or idealistic, to say that this is a practical world, that a man must give and take, etc., and to employ all those various methods which a man uses to make himself more comfortable when doing what he knows he ought not to do. Seldom is the process as explicit as portrayed above, but it is always as real. Whenever there ought to be an outcry all over the State against iniquity in high places, it is frequently the leaders in benevolence who are heard to explain that they cannot have anything to do with politics because the institutions of which they are direc- tors simply could not exist without the State appropria- tion. We have shuddered to read how in some old Euro- pean War soldiers captured a citadel by covering their THE LEGISLATURE SPENDING MONEY. 45 advance with the women and children of the defenders. Such vilhiiny can hardly be believed, yet at this day we live in a State where regularly the sick and the destitute, the insane and the orphan are marched in the van of the army that would control the State.-' (3) A striking illustration of the way charitable appropriations are manipulated lor political purposes is the fate in the session of 1913 of the institutions serving- especially the colored people. An appropriation of $75,000. was made for the celebration of the fiftieth anniversary of the Emancipation Proclamation. It was charged at the time the appropriation was made, and subsequent events tended to prove that the chief purpose of this appropriation was to provide a fund to enhance the inii)()rtaiK"e of certain negro Republican Organiza- tion politicians who had its immediate disbursement in eliarge. The money was obtained by depriving legitimate negTO charities ot what they had a right to expect. The evidence of this can be clearly pre- sented. In 1911 there was appropriated to negro charities the sum of $116,400. In 1913, the year in which $75,000. was given to the Cele- bration, there was appropriated but $75,900., a loss of $40,500. to the charities concerned. Detailed schedule is appended. APPROPRIATIONS TO COLORED CHARITIES, I9II. Coleman Home for colored Boys $ 2,000.00 Agricultural and Mechanical School for colored boys and girls at Jumonville 10,000.00 Ag^d colored women's home, Williamsport 2,000.00 Industrial Home for colored working girls 2,000.00 Avery College 10,000.00 Downingtown Industrial and Agricultural School 20,000.00 Colored Women's Relief Association of Western Penn- sylvania 1,000.00 Frederick Douglas Memorial Hospital 30,000.00 Home for Aged and Infirm Colored Women, Pittsburgli. 4,000.00 Institution for Colored Youths, Cheney 10,000.00 Colored Day Nurser}', Hamsburg 400.00 Berean College 15,000.00 Mercy Hospital, Philadelphia 10,000.00 $116,400.00 APPROPRIATIONS TO COLORED CHARITIES, I913. ( ' Ionian Home for colored Boys $ 2,000.00 Agricultural and Mechanical School for coloix^d Boys and Girls at Jumonville 46 STATE GOVERNMENT IN PENNSYLVANIA. Another consideration which disturbs the new mem- ber is the fact that his value as a Representative is large- ly estimated by the people of his district on the basis of the amount of State money he is able to bring home with him. This is partly justified on the theory that the strongest lions will take the biggest piece of the prey, and that a man can have little influence in other matters who is not able to get a good appropriation for his own home hospital. The use of such a basis of estimate is also due in a large degree to the fact that money is very concrete and definite, while activity in general legisla- tion is indefinite and its value always a matter of opin- ion. Cash is a thing to be seen by everyone and its de- sirability is universally recognized, but the best work of the legislator is frequently done in the library and is seldom recognized by the public. When the appropriation bills have rested in committee throughout the session, and their usefulness as a club to control the votes of the members has been nearly ex- Aged colored Women 's Home, Williamsport 3,000.00 Industrial Home for colored Working Girls 2,000.00 Avery College Downingtown Industrial and Agricultural School 20,000.00 Colored Women's Relief Association of Western Penn- sylvania 1,000.00 Frederick Douglas Memorial Hpspital 20,000.00 Home for Aged and Infirm Colored women, Pittsburgh. 4,500.00 Institution for Colored Youth, Cheney 10,000.00 Colored Day Nursery, Harrisburg 400.00 Berean College Home for Colored Children, Allegheny 3,000.00 Mercy Hospital, Philadelphia 10,000.03 $75,900.00 A comparison of the above will demonstrate that the chief contri- butors to the "cinch" of the Seventh Ward colored politicans were the school at Jumonville, Avery College, Frederick Douglas Hospital and Berean College. The rest was contributed by white charities which the Governor was compelled to cut in order to sign the "Cel- ebration" bill. THE LEGISLATURE SPENDING MONEY. 47 hausted, they come out all together, that is to say, those of them that have survived the scrutiny of the commit- tee, and take their place upon the calendar in a solid block. Each member has a stake in that calendar. Let him but tread upon the toes of some other member and oppose the passage of a bill in which that member is in- terested, and the retort is obvious. The other member and as many friends as he can control simply vote against the appropriation bill of the objecting member. As a result there is little opposition to the appropriation bills on the floor of the House. Another reason for the unan- imity mentioned is that it is so much easier to shift all the responsibility on the appropriation committee and so much more safe, that the practice has become well nigh universal, and when once it has been determined to fol- low implicitly the recommendation of the committee on appropriations, the passage of each of the hundreds of appropriation bills with all the formality necessary in the passage of contested legislation, becomes a nuisance and soon degenerates into the legislative farce which has been described. The use of the appropriation to privately managed charities as a weapon for the destruction of the inde- pendence of the Legislature is such a blazing evil that in the face of it some difficulty must be experienced in main- taining a sufficiently judicial point of view to make a fair examination of its other features. Nevertheless, it has other features which merit careful examination. Not only does the charitable appropriation shackle the Legis- lature and muzzle the best citizenship of the State, but it reacts against the best interests of the charities them- selves. There has been a steady progress of the educa- tion of the benevolent citizens of the State to consider the State as the normal source of supply for established charities, and hence private gifts are eitlier being less- ened in amount or directed into other channels and the 48 STATE GOVERNMENT IN PENNSYLVANIA, managers are being constantly forced into the dilemma of either increasing their dependence upon the State or closing their institutions. Yet so little is it considered a mark of honor and approval to receive assistance from the State that many of our finest charitable institutions resolutely refuse any appropriation to be made to them, although to receive the money they would have little to do but to ask.^ On account of the striking collateral evils of the ap- propriation of State money to privately managed chari- ties, the fact is apt to be overlooked that the State does this appropriation very badly. That it should be done badly is inherent in the way in which it is done. The fair distribution of more than $6,000,000 among nearly 300 institutions, none of which can get all that it feels entitled to, is not a task to be undertaken lightly, and yet the appropriation committee does it largely on the basis of their own knowledge gained by the journeys of sub- committees throughout the State during the session of the Legislature. Anyone who has ever had to do with the management of a hospital will realize that its needs and opportunities for service are not to be comprehended by a single walk through its wards and a survey of its statistics. No doubt the appropriation committee does gather some information from these journeys. Never- theless, these visits of inspection by the appropriation (4) The Pennsylvania Society to Protect Children from Cruelty, one of the State's standard privately managed charities, in 1914 form- ally voted not to apply for State aid. In their letter to the Secretary of the State Board of Charities, announcing this decision, appears the following paragraph : "The whole system seems to us wasteful, inefficient and corrupting, and we have, therefore, decided not to participate in it any long'er. ' ' The whole letter, together with interviews with a number of people whose positions enable them to understand the situation, ap- pears in the Philadelphia North American of Sunday, December 6th, 1914. THE LEGISLATURE SPENDING MONEY. 49 committee are a real misfortune to the State. If they were but willing to admit that the task of judging the merits of all the charities of the State during a few brief months, wliich months were also to be devoted to the dis- tribution of the total revenue of the State, was quite beyond the powers of any set of mortals, even of an appropriation committee, they might then be willing to take their information from an expert body always at work upon the problem. The State is not without ma- chinery for the gathering of detailed information about all its charitable institutions, State as well as privately managed. The State Board of Charities was organized for this very purpose. The State Board of Charities is composed of public spirited citizens, giving wdiat time they can spare from their own affairs, and a salaried sec- retary and staft' who devote their whole time to its busi- ness. All institutions desirous of receiving aid from the State are required to present their case first to the State Board of Charities."' Based on the facts contained in these applications, and the knowledge of the board gained by their own inspection, a detailed recommendation is made by the board to the Legislature. To this recom- mendation the appropriation committee pays exactly as much attention as to it seems best, generally little enough. It is probable that they give more attention to this report than appears on tlie surface, since without it they would be totally at sea, but the many dilTerences between the report of the appropriation committee and the recom- mendations of the State Board of Charities make it clear that the appropriation committee seems to consider it necessary, in order to preserve its ow^n dignity, to dif- fer from the State Board of Charities. Owing to the method of charitable appropriation which has grown up, Pennsylvania is becoming more in- volved year after year. At the time of the adoption of (5) Act April 24th. 1869, P. L. 90, Sec. 9. 4 50 STATE GOVERNMENT IN PENNSYLVANIA. the Constitution, the appropriation of money to privately managed institutions, though not unknown, had not reached striking proportions. The Constitution makers had the matter in mind, but apparently considered that the requirement of a two-thirds vote would be a practical prohibition of such appropriations.*' They could not have foreseen the ''quick way" of passing appropriation bills, by means of which a two-thirds vote or even a unanimous vote is as easy to achieve as any other. When once the principle was established that the State was willing to assist in the support of privately managed charities, there was certain to be a steadily increasing demand. The opportunities for extending charity are boundless, and the needs of every charitable institution are pressing and continuous. Once let the State begin appropriating to a privately managed institution and the amount prac- tically becomes a fixed annual liability of the State, for the managers of the institution, having been led to expect regular State aid, shape their plans accordingly, and if the Legislature should suddenly cease to give, the great- est hardships to the unfortunates would ensue. New charities, however, are constantly being organized, and applying to the State for aid. As these new charities have exactly the same reason for receiving money as have the older charities, namely, that they need it, it is difficult to discriminate against them, and the ordinary result is that the new charities take their place alongside of the old, and the total amount of the State appropria- tion is swelled. The evils of the system which we have just described are sufficient to justify considerable pessimism, were it not for the fact that the remedy is easy to discover and to apply. Consider the parallel case of the appropria- tion for the public schools. This is nearly three times (6) Art. Ill, Sec. 17. THE LEGISLATURE SPENDING MONEY. 51 as large as the appropriation for private charities.'^ Each school district would like to have all the money it could possibly get from the State, and yet no one ever hears of the various school districts clamoring to the Legisla- ture for a special appropriation bill, or of members com- promising their independence in order to obtain a large school appropriation. The reason is apparent. The ap- propriation is made in one lump sum and distributed on a basis of apportionment fixed by law.^ There is no reason why the State's bounty to its charitable institutions should not be apportioned in a similar way. The basic reasons for the failure of the Legislature in the matter of charitable appropriations is the fact that it is trying to do work w^hich is not legis- lative in nature, but administrative. To regulate the channels of expenditure is, of course, a proper function of the Legislature, but not minutely to apportion funds among a great number of institutions of the same class. The Legislature should determine nothing more than the amount of money it intends to apply in meeting its chari- table obligations and the classes of beneficiaries who are to receive its bounty. Then it should indicate the basis upon which the money is to be distributed and should erect sufficient administrative machinery to supervise the work in which the State invests so heavily and to apportion the money on the basis laid down. The fixing of the basis for the proper distribution of the money will not be without difficulty. To frame ah act defining- the grounds upon which a charity may apply as a matter of (7) At the session of 1917, $18,000,000 was appropriated to the public schools, besides other large amounls for other educational purposes. (8) All appropriation made for the maintenance and support of the public school system after the approval of this act shall be apportioned and distributed by the Superintendent of Public Instruc- tion as herein provided. School Code, Sec. 2302. Act May 18 1911, P. L., p. 309. 52 STATE GOVERNMENT IN PENNSYLVANIA. right to the State for aid, so as to do complete justice everywhere, will not be easy but should not be beyond the powers of anyone who has given the subject careful and conscientious consideration. The general lines upon which such a distribution would proceed are not difficult to ascertain. For instance, in the case of hospitals, the free patient day could be considered a unit and a fixed amount allowed for each patient maintained free for one day. If the payment were fixed at the proper figure, there would be no motive for unduly receiving patients free, for their presence would not result in profit. In the case of homes and asylums, the matter would be simpler yet. The mere number of inmates, with grad- ations for the ages of the different classes, could be made the basis of distribution. It might be objected that by such a change the seat of trouble would simply be shifted from the Legislature, where the final voting, at least, is public, to the secret processes of an administrative bureau, and that the enor- mous powers of favoritism and discrimination would en- able the apportioning officer to become a great political power, and that the last state of the matter would be worse than the first. But the difference between the two methods of distribution is absolute. The Legislature has an irresponsible and uncontrolled discretion to give or not to give as seems to it best for any kind of reason, personal or political, or for no reason. The administra- tive officer would iiot have such discretion. He is respon- sible for all his acts, and if he should attempt to deprive any institution of money which had a right to it, the courts would promptly grant relief. The experience of the State in the distribution of the school fund ought to be conclusive answer to any such suggestion. But, even suppose there should be favoritism in the appor- tionment of the money and that some institutions should get more than their share and some less, in what way THE LEGISLATURE SPENDING MONEY. 53 would matters be worse than at present? The managers of the charitable institutions might be subject to political pressure, but so they are now. Political ends might be achieved by means of the appropriations, but so they are now. At the worst the evil would localize itself in its own proper sphere, and the Legislature would be re- lieved of the poison which is now slowly invading the whole body politic. Notwithstanding the amount of space which we have devoted to the matter of charitable appropriations, it must not be supposed that this is the only subject which occupies the attention of the appropriation committee. That hard pressed body must pass upon the advisability of the expenditure of nearly every dollar appropriated by the State. In the session of 1913 this amounted to $87,164,430. Of course, it must conduct its work always in view of the total amount of the State's revenue. In other words, it is the sole authority for the making of a budget. Budget making is the weakest part of the Amer- ican system of government. Where, as in a responsible cabinet system of government, the administrative officers have place upon the floor of the legislative body, there is no difficulty in their presenting to such bodies their complete plans, both for the raising of revenue and the expenditure of the public fund. These two things, bal- anced against each other, produce what is technically knowii as a ])udget. In the American system of com- plete separation between the executive and legislative branches of the government, and largely on account of a certain jealousy wliich is apt to exist between them, anything in the nature of a real budget is practically un- known. The calculations, mental or otlierwise, which form the basis of the appropriation committee's recom- mendation, is the nearest approach to a budget which we in Pennsylvania have." (9) The budget system, beins: I'ight, will prevail, but its progress 54 STATE GOVERNMENT IN PENNSYLVANIA. It may be of interest to trace the general depart- ments of expenditure of the State. ^° There was appropri- ated by the session of 1917 for Department and Govern- ment Expenses for two years, the sum of $35,099,281.13. The judiciary required $3,019,115.00 and the Legislature $962,011.50. Conmiissions for doing this, that and the other thing were nourished to the extent of $3,371,400.00. A swarm of subjects, too numerous to be otherwise classi- fied than as "Miscellaneous," required $453,378.89. For education, including common schools, normal schools and universities, there was appropriated the not inconsider- able sum of $21,154,802.42. To maintain the evil doers of the State where they are not in a position to cause mis- chief cost $1,858,559.96. The remaining channel of expenditure may be com- prehended under the general term, charitable. The State makes appropriation to three classes of charitable insti- tutions, (1) Those institutions which are entirely sup- ported and controlled by the State, known as State insti- tutions. Among these are hospitals for all grades of mentally deficient, hospitals for the sick and injured and homes for dependents. (2) Those institutions which are largely supported by the State and over which the State has a measure of control, but which are also managed and supported by individual citizens. These are known as semi-State institutions. (3) Finally comes the purely private charities to which the State extends its generous hand. In the year of which we speak, the State institu- tions received $8,499,886.73, and semi-State institutions is slow. President Taft tried in vain to have it introduced into the national government. The New York Constitutional Convention of 1915 endeavored to embody the budget in the fundamental law of that state, Art. V, but their whole work was rejected. (10) Advance proof sheets of Smull's Legislative Handbook for 1917. The classification here given is not very enlightening, but is used, since details can be found in Smull's. THE LEGISLATURE SPENDING MONEY. 55 $1,589,507.87, and the private charities, $6,198,175.00.' ^ These figures will give some conception of the magnitude of the State government, even from a merely business point of view. If we compare the State as a business cor- poration with any other of the small number of corpora- tions whose business amounts to such enormous figures, we would be amazed at the difference in the attitude of mind with which the problem of expenditure is approach- ed and in the difference of the calibre of the men who are charged with the responsibility. The members of the appropriation committee themselves would be the last to claim that they were leaders in business and finance. They would probably be satisfied to have it believed that they had done their best according to their several abili- ties. Why the practical citizens of a great industrial and manufacturing commonwealth like Pennsylvania are con- tent to leave the distribution of the princely revenues of the State to such men as they generally send to their Legislature is one of those problems which must always be obscure even to those who by study and personal ex- perience have some ground for the formation of an opin- ion. (11) Figures for State institutions do not include $3,384,180 for tuberculosis sanatoria, dispensaries, etc. under the Department of Health. In the figaires given in the text the appropriation for the indigent insane is included in that to State Institutions, though not all the indigent insane are supported in such institutions. CHAPTER VI. LEGISLATIOlSr AS AN INSTRUMENT OF PEOGEESS. TO know what is possible is one of the chief elements of practicality. It is true that at times some drean« er urges triumphantly his seemingly vision- ary scheme and the world awakens to find it a reality, but this is a rare occurrence, and when it takes place it is only because the world is blinded to what the really prac- tical is. Some wild schemes succeed, but they succeed be- cause they are sound, not because they are wild. Their wildness is simply an additional handicap for their soundness to overcome. The practical citizen will want to assure himself of the paths of progress that are open at the present, that he may press forward to the firing line and make his shots count in the great advance. Of all the dull-witted darkeners of counsel, the most de- structive is the idea that there are no such paths. After the earth has progressed from a fiery nebula to a fertile world, from a protozoon to a man, and man from savagery to civilization, the notion that present conditions are to be petrified for all future time is more absurd than that Niagara should halt in its plunge or that time itself should cease. Much of the progress in civic atfairs must necessarily be achieved through legislation. This is a powerful in- strument, but not all powerful. Its limitations are clear. It is but the formal expression of the will of the people, and, as mth the acts of will of individuals, it may repre- sent a passing phase, not backed up by solid conviction. Just as in the individual mind there. are warring motives striving for the upper hand, so in the State there are con- tending parties, and sometimes laws are adopted by a 56 LEGISLATION AND PROGRESS. 57 bare majority so distasteful to the minority as to cause more trouble in enforcement than the majority are a))le or willing to take. A second limitation is the difficulty of framing in words a statute which must be applied amid the ever changing conditions of the world. The man who would write a new law on the statute book must shoulder the responsibility of foreseeing every possible set of cir- cumstances under which the law might operate. The most unexpected results oftentimes flow from changes in the law, just as the introduction of a few rabbits changed the problems of the Australian farmer. Notwithstanding the responsibility involved, people with special interests to serve do not hesitate to urge legislation which will ful- fil their desires. Our whole system of politics favors the passage of such legislation. Any bill which does not arouse serious antagonism, political or otherwise, is more likely to be adopted than not, because it is easier to give a costless favor than to withhold it, easier to please a present suppliant than to estimate the effect on a distant, careless and ungrateful public. The result of this state of affairs is that our statute books bulk large with medi- ocre legislation, but that tliere is a sad lack of cai-efully wrought constructive statutes. Progress there is, of course, but it is sporadic, the resultant of many individual and incomplete efforts rather than the product of a wise and continuous application to the general good. Since the practical citizen must do much of his work through changes in the law, it is well that he should give consideration to the possibilities and limi- tations of law as an instrument of human progress. There are two opposing points of view, each as wrong as the other. One adopted by those who, whenever they see an evil, say, ''There ought to be a law against that"; the other by those wlio, whenever asked to help some movement for bet- terment, reply, "You can't make men good by law." 58 STATE GOVERXMENT IN PENNSYLVANIA. The former is frequently foolish, wrong-headed or med- dlesome, but at least it springs from a generous desire to make things better, while the latter is all too frequently the refuge of smug satisfaction with things as they are when faced with a call to make them better. It is true enough that a direct fiat, ''Thou shalt be good" seldom has much effect. It is asserted that once a member of the Kansas Legislature introduced a bill enacting the ten commandments. Had this bill been adopted it is not likely that the commandments would have been less frequently shattered, yet the very existence of our statute law as a whole bears irrefutable testimony to the fact, that while it may be impossible to make men moral by law, it is still possible to restrain and encourage them, and in many ways support, protect and advance the civi- lization which the world has so laboriously built up. When the expression that men are not to be made moral by statute is used as a guiding and restraining principle in an effort to discover the most effective form of statu- tory attack upon the problem in hand, it is a useful sum- mary of considerable experience, but when it is used in condemnation of laudable effort at statutory betterment, or in excuse of indifference to such efforts, it is always suggestive of lack of interest in public improvement. The best example of the type of legislation which re- quires that a citizen shall or shall not do a specific thing, is the criminal law. Bounds are laid down that must not be overstepped, and a penalty is fixed for any infrac- tion. The usefulness and even the necessity of such legis- lation, of course, cannot be gainsaid, but the penal method has always been found singularly ineffective in securing obedience to the general will. In older days it was sup- posed that the effectiveness of the statute was in direct proportion to the severity of the punishment, and conse- quently a great number of offences were punishable by death. Yet experience has proved that this theory is by LEGISLATION AND PROGRESS. 59 no means correct, and there has been a steady ameliora- tion of the penal aspect of statutory law. The fact seems to be that men's desires are stronger than their fear of punishment, especially among the criminal classes, whose imaginations are seldom active. When this lack of the apprehension of the consequences of crime is strength- ened by the known failures in the administration of crim- inal law, it is hardly to be wondered at that the criminal code is not more effective in securing obedience to the settled will of the community. While we shall never be able to get away from the direct methods of legislating against crime, future gen- erations will see a great extension of the tendency which is now evident of attacking the other branch of the prob- lem. If men's desires are stronger than their fear of punishment the w^ise.way w^ould seem to be to influence the men so that their desires would come into harmony with the best will of the community. That men can be influenced is an idea which is much more strongly held in modern times than of old, since it is now realized that what men are, including what they desire, is to a very large extent moulded by the circumstances with which they are surrounded from their earliest days. Hence modern ideas dictate the indirect method of approaching the problem of human wrong-doing. A study of child life has brought us to realize that many of the acts of children which have hitherto been classed as crimes, as similar acts of adults would properly be, are simply the overflowing of natural childish energy which in itself is a sign of health rather than of criminal tendencies. The older method would have been to con- fine the child in jail till it had no more energy to overflow. The newer method is to surround the child with condi- tions which permit the full exercise of all his faculties in useful and educative directions. To this end we have 60 STATE GOVERNMENT IN PENNSYLVANIA. the whole playgrounds movement, which is cloing so much for the youth of the country at large. The Child Labor laws, with their complement in the laws requiring a continuation of education after leaving the ordinary public schools, are calculated to the same end, — the protection of the young life until it reaches adult self-sufficiency. Students of human life now realize also that the home conditions under which children are brought up have vastly more to do with the question of whether they are willing to obey the law or not than has their fear of being caught and punished. Overcrowded and insanitary liv- ing conditions, lack of privacy and insufficient opportun- ity for cleanliness obstruct seriously the development of normal characters; consequently, those who would im- prove the citizenship of the State are striving diligently for the passage of laws which make impossible the serious evils which are now too prevalent in the housing condi- tions of a large section of the population. It is also known that, to a considerable degree, what used to be set down in boys to pure badness is really due to illness, physical or mental. It is possible to whip a feeble-minded child because it will not learn, but it mil learn faster if treated as only modern science knows how to treat the unfortunate of that condition. Consequently, we are now developing medical inspection in public schools and we are providing for public sanitation in a way that was never known before. Many of the evil conditions which surround the grow- ing citizen are traceable primarily to poverty and where that poverty can be relieved by State action the State is beginning to fulfil its duty. Up until the first of Janu- ary, 1916, the dependents of a workman killed or injured at his industry had almost no chance of any recovery for the loss which they had sustained. Frequently such a death or injury reduced the family to the most abject LEGISLATION AND PROGRESS. 61 poverty and finally cast a burden upon the community to be shouldered through the inefficient and wasteful methods of the poor-laws. Good citizenship seldom comes out of the almshouse. But now poverty due to industrial accident is a thing of the past, and workmen injured in their ordinary task are assured for themselves or their family of a reasonable compensation. Another very similar source of social loss was due to the fact that the community supported the chil- dren of widowed mothers, either by public or private charity, while the mothers labored to support themselves. The widow 's pension law simply hires the mother to take care of her own children, as Pharaoh's daughter took care of Moses, and so achieves a better result with little or no additional expense. The system of mother's pen- sions has not yet been fully developed, and there is a large field for the activities of the practical citizen in the im- proving and extending this portion of the statute law. The same theory of the prevention of crime by im- proving environment is worked out even with those who have already committed crimes. It is now realized that criminals are human beings, and that human beings sur- rounded by the conditions of the ordinary prison are apt to become more and more confirmed in their hatred of society. Consequently, we find prison conditions being constantly improved, not for the purpose of the more hospitable entertainment of the involuntary guests of the Commonwealth, but in order that the human material within the walls of our penal institutions may be re- moulded into useful forms. The task of changing prison environments calls for unusually wise, able, and sympa- thetic prison administrators. It also calls for a thorough revision of the statutes which regulate punishment and the conduct of penal institutions. Much lias been done in recent years. Prisoners may now be employed at use- ful labor to an extent which was hitherto impossible, but 62 STATE GOVERNMENT IN PENNSYLVANIA. there is still a large field for careful and conscientious study, and, in so far as prisoners may be reclaimed by humane treatment, it can be said in the most literal sense that men can be made good by statute. The common element in all of the methods of forcing improvement through law which we have suggested is that they work by indirection through a change in the environment of the citizen. There is another great prin- ciple which wdll assist in guiding the practical citizen to legislative effort that is worth while. This principle is that the possibility of achieving an end by means of law depends very largely upon the adequacy of the machin- ery which is set up by law for that purpose. Of course, a large part of the machinery of government would come under this category, and any improvement in it would be an example of what has just been said, but coming down to very much more specific matters, it is not diffi- cult to see that the failures in certain directions, which so often discourage people about the possibility of im- provement through law, have been due to defects in the means which the draftsman of the act selected to make his idea workable. One of the first equipments of a person who is about to draft a law Avhich will put into force a totally new idea in legislation, is a thorough understanding of human nature and an ability to foresee what the reaction of peo- ple general^ will be to the law intended. If the law to be enacted is of such a nature as to receive general ac- quiescence, it is not necessary to elaborate the machiner\^ with which it is to be put in force; but if there is a powerful element in the com- munity whose interest is deeply engaged in cir- cumventing the law, then the utmost care must be taken that the machinery shall be adequate. The election laws are a good example of this sort of elaboration. The great bulk of the laws governing elections is due to the fact LEGISLATION AND PROGRESS. 63 that it is an immense clerical job to ascertain in the course of one day and record properly the will of hundreds of thousands of people. But another large part of the elec- tion laws has found its way upon the statute book in an effort to circumvent one after another the various schemes which have been thpug'ht out to subvert the elec- tion and make it record the will of the voters falsely. At the very outset it is necessary to prevent people from vot- ing who have no right to do so. Earlier laws on the sub- ject having proven insufficient, it was necessary to enact the Personal Registration law. These acts do not make the repeater any more moral, he is not made good by statute, but he is almost entirely prevented from regis- tering. Secondly, it is necessary to provide that the will of the voter as expressed by the ballot is his will, and not that of someone else, so we have the secret voting booth, the unidentifiable ballot and provisions against bribery. The Corrupt Practices Act is simply an elabor- ate piece of machinery for the purpose of trying to make bribery impossible. The job is so difficult that even this elaborate piece of legislation goes but a short way, but it has its distinct usefulness and is a good example of the evolving machinery required to meet the situation brought about by a constant effort to evade law. One loophole which has availed the briber and intimidator has been the permission granted to the voter to ask for assistance in the marking of his ballot. This loophole has been pretty fairly stopped so far as voting in the primary is concerned, but it is still open in voting at the general election. What a serious defect in the machin- ery of the law this is can only be realized by those who have had considerable experience at the polls. A proper assistance clause in the general election act would not make people more moral, but it would protect the secrecy and inviolability of the ballot. The Civil Service Reform Act affords a beautiful 64 STATE GOVERNMENT IN PENNSYLVANIA. example of what elaborate machinery is sometimes re- quired to support the good instincts of public officials and protect them against destructive influences. These acts cannot have any very direct influence upon the character of public administrators, but they do compel the selection to public office of men who have proved themselves rea- sonably competent for their positions and, to a very large degree, restrain the public official from making use of his office as a political machine. Of course, these ends are not entirely secured, partly because the machinery is not yet perfect, partly because perfection in such an end is beyond the reach of machinery, but it has been demon- strated to the satisfaction of every fair-minded man that the introduction of such machinery results in improved conditions, and the practical citizen will be interested in studying the make-up and operation of machinery of this kind in order that it may be adapted to other salutary purposes. The short ballot, small council, and other devices for securing concentrated control and responsibility simi- larly illustrate how much can be accomplished by a proper adaptation of means to ends. The short ballot does not make the voter any more intelligent, it simply presents him no more candidates than he is able actually to select from his personal knowledge. The result is a much closer approximation in government to the popular will. Senator Root, in defending the provisions of the draft of New York's new constitution, which provided for a con- centration of power on the short ballot principle, indicated most forcibly his belief in the idea that the mere machin- ery of government had much to do with the question of the existence of invisible government. The idea that machinery may aid morality runs through all the elaborate procedure of awarding and let- ting contracts. It is well known that there is a constant tendency to take advantage of public bodies in doing con- LEGISLATION AND PROGRESS. 65 tract work. Secret and competitive bidding takes it out of the power of the public officer to show favoritism among rival contractors. The machinery in this direc- tion is not yet perfect. There is much for the practical citizen to do in this direction, yet what has been done illustrates the point. What has already been said at an earlier point in this book about the contrast between the destruction of civic virtue which arises from the distribution of public funds to private charities and the total absence of such disturb- ing features from the distribution of a still larger sum among the various public school districts of the State, illustrates perhaps more clearly than anything else the tremendous differences which result merely from a change in the machinery by which a thing is done. With all the illustrations just given of how statute law may modify the conditions of life and, therefore, the character and welfare of the citizens of the State, and of how the better motives of men may be protected and brought out and the sinister motives checked by the con- struction of adequate machinery for carrying out the purposes of govermnent, no one sincerely interested in the welfare of the Commonw^ealth ought to be deterred from exerting his best endeavors by the reiteration of re- , marks about there being too much law and about the im- possibility of reforming men by statutes. There is, of course, the danger that too much tnist may be placed in statutory enactment. This danger must be avoided by the reasonable citizen as he would avoid any other danger. The recent craze for blue sky la^vs would illustrate as well perhaps as anything else the over- confidence in machinery as a method of protection. Ever since the corporation became the ordinary way of trans- acting large businesses, the industry of selling worthless stocks and bonds has flourished. It is simply one. variety of fraud and the abuse of confidence, but it was felt that 66 STATE GOVERNMENT IN PENNSYLVANIA. transactions in stocks and bonds were insufficiently hedged about and that the public must be protected against themselves. Where this idea was taken up with sufficient wisdom and knowledge of the subject, some valuable statutes were passed, but in too many cases the business of buying and selling securities was so loaded down with statutory requirements that the cure was worse than the disease. The whole subject of the possibilities and limitations of legislation is worthy of much more consideration than it has ever received. There are some few treatises on the subject of statute draftsmanship, but they are almost entirely from the technical, legal point of view. An ade- quate study of the place of statute law in building up the life of the community, written from the standpoint of the statesman, still remains to be made. CHAPTER VII. THE LEGISLATIVE REFERENCE BUREAU COMMISSIONS. PERHAPS it is a necessary implication of represen- tative government that the legislator, however un- instructed his previous condition, acquires by vir- tue of his election a supreme ability to pass upon the most difficult questions of the time. At any rate, we act as though such were the case, for our laws are made by a group of men who themselves would be the last to claim intellectual eminence or unusual breadth of information. And not only is it true that our legislators are but slightly above the average in ability, but also it is true that they must constantly make vital decisions while distracted by political turmoil and exhausted by the effort to keep up their usual business activities. It would seem to be a good policy for a State whose laws are enacted by such men to make information on the subjects of legislation as easy of assimilation as pos- sible, as the provident bee keeper provides wax founda- tion combs, to conserve the efforts of the bees for more profitable labor. To a certain extent this policy has long been recognized, and the Congressional Library, to- gether with the State libraries of the several Common- wealths, testify to the belief that it is a good thing for a legislator to be able to get a book when he wants it. It remained for Dr. Charles McCarthy of Wisconsin to realize the necessity of the next logical step and to take it in practice.^ This step is the establishment of a special department of the government whose sole business it shall be to (1) "The Wisconsin Idea" by Dr. Charles McCarthy, pp. 207 ff. New York, The MacMillaii Company, 1912. 67 68 STATE GOVERNMENT IN PENNSYLVANIA. gather information concerning every matter likely to become a subject of legislation. Such departments are called "Legislative Reference Bureaus." They exist now in a number of States, usually in connection with State libraries. It can readily be seen that one man or a small body of men, especially trained, thoroughly equipped, and required to do nothing else is able to gather and arrange a mass of information on legisla- tive subjects such as the legislators themselves not only never would, but also never could, discover for them- selves. It is a practical answer to Goethe's cry, ''More light." Pennsylvania was not long in imitating Wisconsin in this improvement. In 1909 - a legislative reference bur- eau was organized as a part of the State library, and manned by a director and an assistant director, the lat- ter required to be learned in the law. This bureau is now in complete running order and has already proved of great assistance to the Legislature, how great can only be realized by members who have served before and since its creation. The material gathered by it is largely in the form of pamphlets and clippings, since the legislator can seldom get much assistance out of books, because he is at the apex of events, doing the things which will afterwards be written about. So well satisfied Avas the Legislature with the ability displayed by the Legislative Reference Bureau that they intrusted to it a work of the greatest importance and difficulty, nothing less than the codification of the whole statute law of the State. ^ The mere word ''code" seems to frighten many able members of the bar. If it is used to signify any attempt to petrify the living principles (2) Act April 27, 1909, P. L. 208. Amended by Act April 21, 1911, P. L. 76. (3) Act of May 20, 1913,^ P. L. 250. Continued under Act May 14, 1915, P. L. 474 and Act May 3, 1917, P. L. REFERENCE BUREAU — COMMISSIONS. 69 of the law into statute form, the fear is justified, but the Legislature had no such idea in mind. The problem which confronted them was this : When Pennsylvania started its career it adopted the statute law of England entire, as far as it could be made to fit the new environment, and these laws were never re- pealed as a whole. In order to relieve to a certain ex- tent the confusion of such a wholesale yet indefinite adop- tion in 1807 the judges of the Supreme Court were directed to ascertain what British statutes were in force in Pennsylvania at that time.^ Since then the Legislature has gone on enacting, amending, supplementing and repealing, expressly or by implication, and the courts have been busy holding in- valid parts or the whole of statutes, until the statute laAV has come to be an almost impenetrable thicket. Most im- portant of all, the silent march of time has left many a statute sleeping quietly as obsolete, until galvanized into activity amid wholly unforeseen and incompatible sur- roundings. Sporadic and partial efforts have been made from time to time to alleviate the difficulty, as for instance, the criminal code of 1860,^ and more recently the splen- did example of the school code,^ to clear the ground for which stately structure the repeal of two hundred acts was necessary. If this ratio were to continue to hold for a complete codification the whole body of statute law would be reduced, at least as far as number of statutes is concerned, to one two hundredth of its former extent. It was no part of the idea of the Legislature in in- structing the Legislative Reference Bureau to codify the statute law that new^ statute law should be created or that any hitherto fluid proposition of law should be frozen (4) Act April 7, 1807, P. L. 163. (5) Act of March 31, 1800, P. L. 382. (6) Act of May 18, 1911. P. L. 309. 70 STATE GOVERNMENT IN PENNSYLVANIA. by enactment. It was only proposed that the State should begin to make it plain to its citizens what was the actual statute law of to-day, now that the Legislature had been at the task of making it for two and a quarter odd centuries. Could the State owe less to the citizen who obeys this law at his peril? The magnitude of the task was clearly recognized. Results worth attaining could not be had by a mere fiat. Ability, pains and time were requisite. The ability and the willingness to take pains were ready at hand in the Legislative Reference Bureau and the assistants whom the adequate appropriation enabled the bureau to secure. The time element was provided for by directing results to be submitted to the Legislature topic by topic, so that the progress made would be apparent and the Legisla- ture would not be tempted to ignore the whole on account of its vastness, as might result if the whole code were presented at any one time. The bureau entered upon the work in the fullest sym- pathy with the aim of the Legislature. The results of two years' work were offered to the session of 1915 as codes under four titles, ''taxation," "corporations," "boroughs" and a "general repealer of obsolete stat- utes." The Legislature found it easier to ignore than to consider this large work and passed only the borough code."^ The rest of the work, however, once done, is not lost and in time the people of Pennsylvania will come to have a compact, logical and self-consistent set of statutes. The bureau was directed to continue its work of codification by the Legislatures of 1915 and 1917.S During the session of the Legislature the bureau is a busy place. Members constantly come and go. Some (7) Act of May 14, 1915, P. L. 312. The repealing clause, made up of the mere titles of acts repealed, occupies 45 pages. (8) Act of May 14, 1915, P. L. 474. Act of May 3, 1917, P. L. REFERENCE BUREAU COMMISSIONS. 71 want bills drawn. Some want to know what other bills similar to the one they have introduced are already before one or the other of the Houses. Some want liter- ature on subjects in which they are interested and on which they expect to address the House. For all de- mands the well organized machinery of the bureau is ready. The ideas which the member who wants a bill drawn has in mind are noted down, the files are searched for all light on the subject that is at hand, and the bill is drawn. A criticism that has been made is that it is now too easy to have a bill drawn, and that as a conse- quence too many bills are introduced. This criticism is not justified. Of course, the bureau would have no right to refuse to draw a bill for a member, or to usurp the function of the Legislature by opposing any subject of legislation, but in performing its functions of giving in- formation to the members, it is able to point out to those who desire a bill, that the subject is already covered by a statute, if that be the case, or that a simple amendment to already existing law would be better than a new act, or that the proposed bill is in violation of the Constitu- tion, and in general to shed a great deal of light on the subject, with the result that the stream of legislation is purified at its source. When a member read his calendar, in the days before the establishment of tlie Reference Bureau, and saw among the day's work a bill in which he was interested, but about the subject of which he lacked certain definite information, he resigned himself to the necessity of act- ing without the information. Now he claps his hands, and tells the page who answers his signal to get the re- quired information from the bureau. In a marvelously short time the information is brought. The promptitude which characterizes the bureau is made possible by its extensive and elaborate index system which makes its large store of material instantly available. 72 STATE GOVERNMENT IN PENNSYLVANIA. The establisliinent of the Legislative Reference Bur- eau was one of those permanent gains that mark the progress in government building. COMMISSIONS. It frequently happens that a piece of public business needs to be done that falls within the duty of no public officer and which is not of sufficient importance to war- rant the creation of a new official to care for it. The usual method of meeting such a situation is the creation of a special commission for the purpose. These commis- sions are numerous, and may roughly be divided into legislative commissions and executive commissions. The legislative commissions are those charged with some duty which is of assistance to the Legislature in its w^ork. The Legislative Eeference Bureau is a perman- ent part of the State government and is always at work collecting information for the Legislature. Special oc- casions arise, however, when the Legislature desires to be informed on some subject which requires examination of experts in the particular subject to be studied. When the examination has been made and the report rendered, the commission has done its work and may retire, while a special office, had it been created, would not have been so easily disposed of. A good example of such a com- mission is that which was created to draft the school code. It would not have been possible for the whole Legislature to have done the work of study and consul- tation which was required to produce the school code, nor could any ordinary committee have been expected to do it. The work required a broad knowledge of educational problems and a general acquaintance with the require- ments of the different parts of the State. The Legisla- ture, by creating this commission, practically made it one of its own committees, and when the resulting act was adopted, there was little in it that was not the work of REFERENCE BUREAU COMMISSIONS. 73 the commission. Other problems are handled in the same way, and when the proponents of new measures of social advance find that the minds of the legislators are not suflSciently prepared to act formally on their suggestion, they frequently urge that the matter be referred to a special commission for study and report. Use is also made of the commission by the opponents of such legis- lation, for they frequently succeed in sidetracking some bill that might otherwise have passed, by having the whole subject to which it relates referred to a commis- sion for report at the next session, two years away. Most legislators when puzzled are glad to vote for delay, so the commission idea has many friends. Another typical form of legislative commission is the Investigating Commission, sometimes called a Lexow Commission, after the name of a member of the New York Legislature who headed a famous commission of this nature. When an investigating commission is cre- ated by joint resolution, that is, by action of both Houses, it has all the power of the Houses tliemselves in compell- ing attendance and punishing contempt, so that it is a very powerful means of bringing hidden things to light. Unfortunately, it is all too frequently emploj^ed for par- tisan purposes. Hence the reputation of the investigat- ing committee is not of the best. Executive commissions are those which are charged with the doing of a particular piece of work, other than that of securing information for the Legislature, e. g., the Commission to Select a Site and Erect an Industrial Home for Women. There have been a great number of such commissions, since it has been the custom to create a commission for the building of each new State institu- tion. Other temporary State activities have their own commissions, of which the Capitol Park Extension Com- mission is a type. It is not worth while to enumerate the commissions of this nature existing at present, as 74 STATE GOVERNMENT IN PENNSYLVANIA. they are constantly changing as new work is found that is not within the purview of any State official. Although as a general rule the members of a commis- sion are selected from the citizenship outside the State employ, there is no reason why State officials should not also serve on special connnissions, and for them to do so is by no means rare. An interesting case where a com- mission of three citizens not in State employ was contin- ued with its membership changed to consist entirely of State officers, is that of the Economy and Efficiency Com- mission. This commission was created by joint resolution.*^ of the Legislature of 1913, directing the Governor to ap- point * ' three persons who are well versed in business and governmental affairs, and in systems of economy and efficiency in administration." The duty of this coromis- sion was *'to investigate the number, character of duties and compensation of all persons in the employ of the State ; and to ascertain and recommend what changes, if any, may be necessary to secure greater uniformity, economy and efficiency in the work of the various depart- ments, branches, bureaus, and commissions of the gov- ernment of this State." This was rather a large task, and the report of this commission touches on a number of matters, without going very deeply into any. How- ever, it made a number of valuable suggestions, which the Legislature, on receiving the report, promptly ignored. Chief among these was the recommendation that a State Civil Service system should be established. Those interested in economy and efficiency probably felt that the coldness of the Legislature arose from the fact that the suggestions came from outsiders, so by the next Legislature,^'* the task was laid upon a new com- mission made up of the Governor, Attorney General and (9) Approved July 25, 1913, P. L. 1260. (10) Concurrent resolution approved, June 17, 1915, P. L. 1082. REFERENCE BUREAU COMMISSIONS. (D Auditor General. It mig'lit be supposed that these offici- als would have the power and duty of performing such work by virtue of their offices, but the Legislature did not seem to think so. The new commission employed as their solicitor the chairman of the old commission, and the only report of the second commission printed is the report of their solicitor, so there is a strong family like- ness between the two commissions. Accompanying this report is a chart showing the relationship of all boards, bureaus, commissions and departments comprising the executive branch of the State government. This chart exhibits in a graphic way much that we have written of in this book, and for that reason has been adopted as a frontispiece. Unfortunately the Legislature paid little more atten-. tion to the report of the second commission, thougli this commission was composed of the highest State officers, than it did to the first, which goes to show that it is hard to get the Legislature to do anything, and especially hard to make it enthusiastic for economv and efficiencv. CHAPTER VIII. THE EXECUTIVB. THE executive of Pennsylvania is a department, and not, as in tlie case of the United States, a person,^ yet the Pennsylvania Constitution is careful to leave no doubt as to who is chief in that department. It provides, "The supreme executive power shall be vested in the Governor. ' ' - Great stress was placed on this clause by a recent picturesque chief executive in controversy with a newspaper over the right of cartoonists to portray their opinion of the Governor. It need hardly be pointed out that ''supreme executive power" is still only executive power, power to execute the laws, and that the Governor can no more transcend them than the humblest cartooner. The placing of the executive power in a department is in evident imitation of the United States government, not as it was originated, but as it came to be through the growth of the cabinet, a body which is not found in the Constitution, but which was created piecemeal as need arose. How close the correspondence is between the executive department of Pennsylvania and the cabinet of the United States may be illustrated by comparing the several officials. The Governor, of course, corresponds closely to the President, the Lieutenant Governor to the (1) The Constitution of the United States pro^ddes (Ai-t. II, See. 1), ''The executive ix)wer shall be vested in a President of the United States of America." The Constitution of Pennsylvania reads (Art. IV, Sec. 1), "The executive department of this Commonwealth shall consist of a Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Auditor General, State Treasurer, Secretary of Internal Affairs and a Sui>erintondent of Public In- struction. ' ' (2) Art. IV, Sec. 2. • 76 THE EXECUTIVE. 77 Vice President, the Secretary of the Commonwealth to the Secretary of State, the Attorney General to the officer of the same name, the Auditor General and State Treas- urer together to the Secretary of the Treasury, and the Secretary of Internal Affairs to the Secretary of the In- terior. Several of the United States cabinet officers are not paralleled in Pennsylvania; the Postmaster General, because a State can have no use for such an official ; the Secretary of Commerce and the Secretary of Labor, be- cause the influences which brought about the creation of these departments were not potent at the time of the adoption of Pennsylvania's Constitution. This lack was supplied as far as the Legislature had power by the re- cent creation of the Department of Labor and Industry,^ the officer at the head of which, known as the Commis- sioner, is not of less importance because his office is not mentioned in the Constitution. The Secretaries of War and of the Navy are not paralleled in Pennsylvania, as the State has no standing army nor navy, but the State has an Adjutant General Avho manages the details of the military system.^ The Secretary of Agriculture in the (3) Act of June 2, 1913, P. L. 396. (4) The military' forces of the Commonwealth were reorganized to meet the exigencies of war by Act May 3, 1917, P. L. . The following acts (titles hei-e abbreviated) were also adopted in view of war conditions : Regulating number, etc. of employees in Adjutant General's Department. Act July 18, 1917, P. L. Authorizing Cities of the Second Class to pay salaries to em- ployees enlisting, Act July 16, 1917, P. L. Authorizing the Governor to appoint volunteer police officers during war, Act July 18, 1917, P. L. Authorizing the State to Boitow Money, Act July 11, 1917, P. L. Creating a Commission of Public Safety and Defense, Act Mav 15, 1917, P. L. Providing for organization of additional armed land force, Act June 22, 1917, P. L. Providing that State employees shall not lose position by reason of entering army, Act June 7, 1917. P. L. <^8 STATE GOVERNMENT IN PENNSYLVANIA. United States Cabinet also has no parallel among the officers of the Pennsylvania Executive Department created by the Constitution, but there has been created by statute an officer of the same name and with similar functions. Notwithstanding the close correspondence between the Pennsylvania Executive Department and the United States Cabinet, and notwithstanding the fact that the Executive Department is a constitutional creation, while the Cabinet is not, Pennsylvania's Department does not work as a department and does not resemble the Cabinet at all in practice. No meetings of the Department, simi- lar to Cabinet meetings, are held, and no official acts are done in the name of the Department. The reason for this practical difference is to be found partly in State traditions which have come down from an earlier time, partly from the fact that the Governor is not confronted with as many complex and far reaching problems on which advice is needed as is the President, and partly from the fact that the Executive Department is made up of two wholly different kinds of officers, those appointed by the Governor and those elected by the people. The Lieutenant. Governor, Auditor General, State Treasurer and Secretary of Internal Affairs are elected, the Secre- tary of the Commonwealth, Attorney General and Super- intendent of Public Instruction are appointed. The Governor occupies a position of real power. He is elected for four years and may not succeed himself. He appoints directly or indirectly all officers of the State, except those elected or receiving their appointment from elected officials, and thus has the disposal of a vast pat- ronage. Those appointed by him may be removed at his Regailating the purchase of supplies by Cities of the First Class, Act May 17, 1917, P. L. Authorizing Cities of the Second Class to buy and sell necessities of life, Act July 19, 1917, P. L. THE EXECUTIVE. 79 pleasure.^ He can call special sessions of the Legisla- ture and can veto any bill. The veto can be over-ridden only by a two-thirds vote of both Houses. He has the power to pardon, thoup^h in this he cannot go beyond the recommendations of the Pardon Board. He is com- mander-in-chief of the military forces of the State, and he has powers and duties given him by statutes too num- erous to mention. The Governor receives a salary of $10,000 a year, and is provided with an adequate mansion and with servants to maintain it, but as he can seldom cut off entirely home expenses during his term, and as there are many unavoid- able expenses of entertaining and otherwise, the office is not considered a place of profit. Next in the Executive Department comes the Lieu- tenant Governor, the close analogue of the Vice Presi- dent. In the early days when the Vice President was the person receiving the second highest number of electoral votes, he was sure to be a man capable of cutting a figure in national life. This provision in the Constitution shows how little our fathers anticipated the growth of the party system. They succeeded in doing what they set out to do, viz., secure good vice presidential timber, but they produced the unexpected result of automatically se- curing that the successor to the President must be of the opposite party, and thus unable to co-operate with him when living or carry on his policy after his death. The defect clearly outweighed the benefit of the provision and very promptly ^ the twelfth amendment was adopted, (5) "Apjx)inted officers, other than judges of the courts of record and the Superintendent of Public Instruction, may be removed at the pleasure of the power by which they shall have been appoint- ed. " Const. Art. VI, Sec. 4. For a graphic presentation of the relation of the Governor to the other offices see frontispiece. (6) The Twelfth Amendment was submitted by resolution of Consrress, passed on the 12th of December, 1803, and finally ratified in 1804. 80 STATE GOVERNMENT IN PENNSYLVANIA. which provided the method of electing President and Vice President now in effect. This amendment secured its purpose of providing Vice Presidents of the same party as the President, but sacrificed the advantage of the original method, which was that the strongest type of man was secured. No doubt it was thought at the time that the office of Vice President of the United States was sufficiently exalted to attract the best type of citizens, and that it would be the last step in the line of promotion through which a pub- lic man might hope to reach the presidency. But this happened only once, in the case of Martin Van Buren, all other Vice Presidents who became President after 1804 having done so by reason of the death of the President. Having the spectacle of Andrew Johnson fresh be- fore their eyes, it might have been thought that the Con- stitution makers of Pennsylvania would omit a Vice Pres- ident and provide a succession in some other way. All the functions of a Vice President or Lieutenant Gover- nor could easily be discharged by others. The Senate could easily choose its own presiding officer, and any other functionary might be designated as the heir appar- ent. If the Secretary of the Commonwealth, the Gov- ernor's own choice, were to be the next in line, we prob- ably should get a better Secretary and have no use for a Lieutenant Governor. However, the Constitutional Con- vention did not see it in that light and provided us with a Lieutenant Governor. This office is the greatest sine- cure in the State government. The salary is $5,000 a year, there are practically no official expenses, and the duties of the office consist of little more than presiding occasionally over the Senate (for the president pro tern. is more often in the chair) and attending the meetings of the Pardon Board. Then comes the Secretary of the Commonwealth. This functionary is the nearest approach we have to a THE EXECUTIVE. 81 Lord High Chancellor, thoui^h now the office is but a shadow of its historic original. All the judicial functions are quite gone and all the valuable patronage, so that our Secretary of the Commonwealth is hardly more than Chief Clerk of the State. He countersigns and keeps a record of the official doings of the Governor, and pre- seivc s the original of the acts passed by the Legislature and piepares them for publication. All the steps in organizing business corporations or in obtaining the right for a foreign corporation to do business in this State, go through the office. In analogy with the Secretary of State in the United States, he is the channel of dealing with other governments, but as the LTnited States has full charge of negotiations with foreig-n countries, this func- tion of the Secretary of the Commonwealth consists in little more than attending to the details of extradition of fugitives from justice. Under the Constitution he acts as one of the Pardon Board. '^ Another of his con- stitutional obligations is '*to perfonn such other duties as may be enjoined upon him by law." ^ This seemed a rather attractive invitation to the Legislature, and they wished on him membership in the Sinking Fund Commis- sion, the Board of Revenue Commissioners, the Board of Property, the Board to Pass LTpon the Neces- sity for the Construction of Elevated and Underground Passenger Railways, the Board to License Private Bank- ers, and the Board of Trustees of the State Library. What gives him his dignity, however, and reveals his kinship to the Lord High Chancellor is that he is Keeper of the Great Seal of the Commonwealth. For doing these things he receives $8,000 a year and is under no public compulsion to spend any of it. The mixing of elective and appointive officers exhibits a curious blending of two theories of government, that of (7) Const. Art. IV, Sec. 9. (8) Const. Art. TV. Sec. 18. 6 82 STATE GOVEENMENT IN PENNSYLVANIA. the concentration of power and responsibility, now gain- ing prestige under the names ''short ballot," "commis- sion form of government," etc., and the theory of checks and balances, one set of officers to watch another set. In the case of the Auditor General and the State Treasurer, the latter theory appears in its most defens- ible form, for the handling of money has always been recognized as a proper sphere for outside audit and check. The Auditor General is the chief accounting and settling officer of the State. No bills are paid by the State except upon warrant issued by him, and all State taxes are settled by him. The State Treasurer is the officer in charge of the State's cash. He also must be satisfied as to the correctness of settlements, so there is a double check in these matters. The reason for the elec- tion, rather than appointment, of the Secretary of In- ternal Affairs, requires more explanation. At the time of the drafting of the present Constitution the people were just awakening to the enormous and increasing power of the corporations, especially the rapidly con- solidating railroads. The importance which was at- tached to the control of corporations is illustrated by the presence in the Constitution of sections sixteen and seventeen, the one devoted to corporations and the other to railroads and canals. These articles contain many .restrictive provisions, and as the Legislature was ex- pected to provide more regulation, the need was felt for a special officer to represent the interests of the public against the growing power of the corporations. Such a tribune of the people, of course, must be elected. Had the Constitution been written at any time after the cre- ation of the Interstate Commerce Commission, the duties of the Secretary of Internal Affairs would have been given to a body modeled after that commission, but as our Constitution makers did not have the benefit of the ex- perience of the United States in this respect, they fol- THE EXECUTIVE. 83 lowed the older plan of providing for a special official. If the public interest which caused the provisions mention- ed to be included in the Constitution had continued suffi- ciently to insure the election of a secretary who was able to measure up to his responsibilities, and of Legislatures who would provide him with adequate statutory support, the recent history of Pennsylvania would have been very different, but timid administration and inadequate legis- lation have combined to reduce the office of Secretary of Internal Affairs to a position of impotence, and when there again arose a demand for railroad regulation, the Department of Internal Affairs was completely ignored and new agencies were created to do this work.^ The special interest for us of this Department of In- ternal Affairs lies in the fact that it is the department which seemed to be created for the functions of govern- ment that we call ''direct usefulness." Its five bureaus all exhibit something of this idea. First, there is the Land Office. This is the lineal successor of the Land Office of early times when great quantities of land were held by the proprietor or the State, and when the busi- ness of selling it to private owners was very brisk.- It would probably surprise most people to learn that there are still odds and ends of land remaining in the Common- wealth for which patents have never been issued, and that applications for such land are constantly being made."^ The Bureau of Assessment and Taxes collects statis- tics covering the amounts of assessments and rates of taxes in the various tax levying districts of the State. As no official action of any kind whatsoever is based (9) ef. infra. Public Service Commission. (10) "Thirteen applications for vacant land were investigated during the fiscal year just closed, ten of which were accepted and three refused. In addition to these, seven applications were filed during the year on which investigations are still pending for want of necessary data." Report Secretary of Internal Affairs, 1913, Part I. 84 STATE GOVERNMENT IN PENNSYLVANIA. upon these statistics, their sole use is public information. Unfortunately the public has not shown much avidity to be informed on this subject, though when the time comes for a general renovation of the taxation laws of the State, the facts hidden away in the reports of the Secretary of Internal Affairs will be of great value. The Bureau of Industrial Statistics is the agency di- rectly created for the purpose of giving the State super- vision over the corporations and their relations with their employees. Much of the output of this bureau is statis- tics of the driest, but in part it represents the idea of a State interested in the welfare of its citizens.^ ^ Never- theless, the popular judgment of this bureau is regis- tered in the creation of the Department of Labor and Industry.^^ The Bureau of Railways collects a great volume of statistics concerning railroads, street railways, canal, telephone and telegraph lines, and these statistics have a certain interest, but when at last the people determined that public utilities should be regnilated it was not to the Bureau of Railways that they turned, but they required the creation of a totally new agency, the Railroad Com- mission,^^ afterwards expanded into the Public Service Commission.^^ The Bureau of Standards is a recent addition to the department,^^ and performs a service of direct useful- ness, for in it are preserved the standards of weights and measures which afford protection to the citizen against the wiles of the dishonest tradesman. (11) e. g. "The Industrial Condition of the Colored Race," Investigation for State Bureau of Industrial Statistics, by R. R. Wright, Jr., Ph. D., contained in Report of Secretary of Internal Affairs, 1913, Part III. (12) cf. infra. (13) Act May 31, 1907, P. L. 337. (14) Act July 26th, 1913, P. L. 1374. (15) Act June 23, 1911, P. L. 1118. THE EXECUTIVE. 85 We have now made some mention of each member of the Executive Department, except the Attorney General and the Superintendent of Public Instruction. We need not linger over a description of the office of Attorney Gen- eral, for he is simply the law officer of the State and his duties are usually of a technical nature far removed from the sphere of government of which we have set out to write. On the other hand, the duties of the Superintend- ent of Public Instruction touch that sphere so closely, that we must postpone a consideration of them to a later chapter. CHAPTER IX. THE PUBLIC SCHOOLS ^PROFESSIONAL QUALIFICATION. WHEN democracy comes to clef end herself against the uncongenial surroundings of the world, she finds ignorance her worst enemy. It is no mere chance that freedom and the university found foot- hold in this country at nearly the same time. The great free public school systems of the different States are the logical outgrowth of a republican form of government. We are now so familiar with the idea of free public education that we are apt to forget what a splendid example it is of the theory that the State should do something direct and practi- cal for the welfare of its citizens. It is the earliest of the State's activities in this direction, and to-day it absorbs a larger proportion of the State's revenue than any other of its activities outside of mere government.^ Notwithstanding the fact that the State contributes liberally to the public school system and that this system is erected and energized by State law, the management of the public schools is almost entirely decentralized. This is owing to the fact that the State appropriation barely begins to meet all the expenses of the public schools, so that large sums must be raised by local taxa- tion. As the public school system has expanded the State has been paying a larger and larger percentage of the total expenditure, but the principle of local control has continued.^ (1) The appropriation for the two fiscal years beginning on the first Monday of July, 1917 was $18,000,000. General Appropriation Act 1917. (2) The recently established Public School Employes' Retire- ment System is under central management. Act July 18, 1917, P. L. 86 PUBLIC SCHOOLS. 87 For a long time the laws governing the school system of the State were in a chaotic condition. The schools in different parts of the State were organized in different ways, and it was hard to ascertain just what was the law upon many points governing the school system. The con- dition became so troublesome that the legislature author- ized the appointment of a commission to prepare a code to simplify and haraionize the whole law upon the sub- ject. The commissioners appointed did excellent work, and prepared a school code which was presented to the session of 1909. On account of the conflicting ideas of the various sections of the State, the code was passed with great difficulty, and was vetoed by the Governor; but after two more years of agitation and education, a code very similar was enacted.^ This code provides for a State Board of Education of six members, who, to- gether with the constitutional officer known as the Su- perintendent of Public Instruction, take care of the State's interests in the public school system and provide as much central supervision as is possible under the con- ditions of decentralization provided for throughout the remainder of the code. The members of the State Board of Education are appointed by the Grovernor and con- firmed by the Senate. Three of them are required to be successful educators of high standing connected with the public school system of the State, and the remainder are appointed from the citizenship at large. They serve with- out compensation and are empowered to inspect and re- quire reports not only from the ordinary public school system, but from educational work in schools and institu- tions wholly or partly supported by the State which are not already supervised by the public school authorities. The executive officer of the State school system is the Superintendent of Public Instruction. The code gives (3) Acti May 18, 1911, P. L. 309. This act will subsequently be cited as the "School Code." bo STATE GOVERNMENT IN PENNSYLVANIA. him '^ supervision of all the public schools of this Com- monwealth," as well as a number of specific powers and duties. A comparison of the powers of the Superintend- ent of Public Instruction with those of a local school board makes it evident that the real power and responsi- bility lies with the local board. The State enforces cer- tain minimum standards of length of term, grade of teaching, etc., by means of the powerful lever of the State appropriation, but the local school is good or bad as the local board makes it. For the purpose of running the public school system, the State has created a number of municipal corpora- tions,"* called school districts. These are divided into four classes. The first class consist of those districts having a population of 500,000 or more, the second of those having a population between 30,000 and 500,000, the third class those having a population between 5,000 and 30,000, and the fourth class those having a population of less than 5,000. The organization of the several kinds of districts is proportionate in elaboration to their sizes. The scheme of classification brings both Philadelphia and Pittsburgh into the same class. In order to group these two cities into a single class it was necessary that one or the other of them should learn to adapt themselves to a totally new form of organization, for the heterogen- eous way in which our school system had growTi up had resulted in very different conditions in the two cities. Philadelphia had a system where the power was largely centralized in the hands of a Board of Education, whose members were not elected, but appointed by the Common Pleas judges. In the Pittsburgh system the central board was elected and a considerable amount of power was di- vided among the several ward boards of school directors. Much of the difficulty which the school code experienced (4) The nature of a municipal corporation is explained else- where — Chapter XI, q. v. PUBLIC SCHOOLS. 89 in its passage tlirough the Legislature arose from the conflict betAveen the champions of these two systems. The system provided by the school code is practically the Philadelphia system. Much objection was made by Pitts- burgh interests to placing the power of taxation in a board not elected by the people, and it was stoutly main- tained that to do so was unconstitutional, but this claim was not supported by the Court. '"^ Districts of the first class have a board of fifteen di- rectors appointed by the judges of the Courts of Common Pleas. Districts of the second class have nine directors who are elected at large. Districts of the third class have seven directors elected at large, and districts of the fourth class have five directors elected at large. That the real power in the school system lies in these local boards of school directors is evident for they '* shall es- tablish, equip, furnish and maintain a sufficient number of elementary public schools * * * to educate every per- son residing in such district between the ages of six and twenty-one years who may attend."'' The school boards are also vested with the power to levy taxes and borrow money.'^ Since the special view- point from which we are depicting the State has refer- ence to the service it is performing for its people, it is interesting to note how the public school system is de- veloping into an instrument of social service undreamed of in tlie days when to impart the three R's was con- sidered the whole duty of the public educator. A mere catalogue of the kinds of schools the directors are per- (5) Minsinger vs. Ran, 236 Pa. 327. A case is now (1917) pend- ing in the U. S. Courts. The District Court. Western Dist. of Pa., held the act constitutional. Susman vs. Board of Education, 63 Pittsburgh Legal Journal, but an appeal to the V. S. Supreme Court has been taken. (6) School Code, Art. IV, See. 401. (7) School Code, Art. V. 90 STATE G0\T;RNMENT in PENNSYLVANIA. mitted to maintain will illustrate this. These are, besides the elementary schools, High schools, Manual Training schools, Vocational schools, Domestic science schools, Agricultural schools, Evening schools, Kindergartens, Libraries, Museums, Reading rooms. Gymnasiums, PlaygTOunds, Schools for Blind, Deaf and Mentally Deficient, Truant schools. Parental schools, Schools for adults, Such other schools and educational departments as they in their wisdom may see proper to establish. The boards are also empowered ^ to permit the use of their school grounds and buildings for social recreation and other proper purposes. The advance in the feeling of social responsibility of the State towards its citizens is well illustrated by the provisions of the school code relating to the health and comfort of tlie children.^ In every school built in the future, the total light area must equal at least twenty per cent, of the floor space and the light must not be ad- mitted from the front of the seated pupils, this to pro- tect the children's eyes. Every school must have not less than fifteen square feet of floor space and not less than two hundred cubic feet of air space for each pupil; this for the little lungs. The common or ordinary heat- ing stove must not be used unless it is in part enclosed within a shield so placed as to protect all pupils while seated at their desks from direct rays of heat. The (8) School Code, Art. VI, Sec. 627. (9) School Code. Sees. 618-625. PUBLIC SCHOOLS. 91 physiological effects of radiant heat are better under- stood now than a generation ago. Every school room must have ample means of ventilation (thirty cubic feet a minute) and must have a thermometer. Schools must be of fireproof construction, doors must open outward and fire escapes be provided. The executives of the school system are the superin- tendents. At the head is the Superintendent of Public Instruction, a member of the State cabinet. Then there are County Superintendents, District Superintendents and Assistant County and District Superintendents. Al- though this would seem to create a hierarchy, as a matter of fact it does not, because, on account of the decentral- ized system of school management, the County and Dis- trict Superintendents are not responsible to the Superin- tendent of Public Instruction, but to the local school boards. The County Superintendents are elected by a conven- tion of the school directors of the several school districts within each county. The Assistant County Superinten- dents-are nominated by the County Superintendents, and confirmed by the officers of the school directors' associa- tion of the county. Where a district is large enough to have a superintendent of its own, the directors elect one, but do not take part in the election of a County Superin- tendent. The State's growing sense of social responsibility can also be traced in its attitude towards the question of school attendance. Originally education was looked upon as a boon offered to the children of the State, too precious to be neglected by any that could avail themselves of it. Now the State exercises a general parental authority and requires that every child between the ages of eight and sixteen should go to some school. Cliildren who have learned to read and write and are at work may leave school at fourteen. 92 STATE GOVEENMENT IN PENNSYLVANIA. Perhaps the greatest extension of the State's social responsibility is in the medical inspection now required in the public schools. Here we are on the firing line. Nothing, except theology, seems to arouse such passion as medicine, and the fear of the doctor, es- pecially of the standard doctor, seems to be widespread. This provision of the law had a hard tussle to get in and the marks of the conflict are still visible. The act starts out bravely enough to say that every school district of the first, second and third class must provide medical in- spection,^" and that the State Department of Health must provide it for the school districts of the fourth class. However, when we have mastered the several pro- visos we understand that school districts of the third and fourth class are not required to have medical inspection if they choose not to have it. Why such a roundabout method? It is evident that the commission which drafted the school code desired that medical inspection should be universal, but that the members of the Legislature repre- senting districts in which are located school districts of the third and fourth classes fought hard until they had succeeded in forcing in the provisos which permit indi- vidual districts of these classes to reject inspection if t;hey see fit. As a model of legislative consistency this part of the code is not to be admired, since it is difficult to see why a city child should be compelled to submit to a medical inspection and a village child be exempt. How- ever, the law as it stands is a fairly accurate reflection of the state of the popular mind. In the rural districts, where modern ideas have not so thoroughly permeated and where the doctors could not be expected to attain to the experience of their compeers in more thickly set- tled areas, there has ever seemed to be a decided preju- dice against the medical profession. From these quar- (10) School Code, See. 1501. PUBLIC SCHOOLS. 93 ters comes the chief opposition to compulsory vaccina- tion.ii In school districts of the first class (Philadelphia and Pittsburgh) the Board of School Directors is known as ''The Board of Public Education." This is adopting the name familiar in Philadelphia. The ward school direc- tors are known under the code as school visitors. This change of name serves the purpose of making it clear that they no longer have any real power. This is a con- siderable change for Philadelphia, but revolutionary for Pittsburgh. Ever since mediaeval times the trend of education has been steadily toward the practical and the useful. The public schools have by no means been the last to feel the influence of this movement. A generation ago the idea was manifested mainly in the arithmetical dealings with barrels of flour instead of ''units," and such ques- tions as "How many per cent, must a merchant raise his goods in order to reduce them ten per cent, and still make twenty per cent. 1 ' ' Then came the manual training de- partments of schools, Avhich have done splendid work. High Schools also for some time have been giving com- mercial courses which afford direct entrance into the business world. The manual training courses were origi- nally given rather for their educational than their voca- tional effect. The new psychology was just beginning to percolate into education, and sense training was the battle cry. To-day the shibboleth is "Vocational Edu- cation." We now have as a legal definition of this ex- pression, "Vocational education shall mean any educa- tion the controlling purpose of which is to fit for possi- ble emploATuent." ^2 The State now encourages voca- tional education, and the law from which the definition (11) By aot July 17, 1917, P. T>. Any school district may provide for the eare and treatnit-iit of deioctive eyes and teeth of the pujnls. (12) Act May 1, 1913, P. L. 138. 94 STATE GOVERNMENT IN PENNSYLVANIA. was taken was passed for creating the necessaiy machin- ery. The machinery was increased in 1915 by the cre- ation of the Bureau of Vocational Education in the De- partment of Public Education, comprising an Agricul- tural and an Industrial Division.^^ The same Legisla- ture that created the machinery lubricated it with a con- siderable appropriation.^^ The idea that education should be an aid to life, and that most children "will lead a life of economic struggle is at the bottom of the movement for vocational educa- tion, and the logical working out of this fundamental idea leads to the arrangement of the school hours to suit the workers. Evening classes are provided and also ''part time, or continuation schools." The continuation school was first brought into prominence in GeiTuany, and is now being generally adopted in this country. It is well defined in the act. " Part time or continuation class shall mean a vocational class for persons giving a part of their working time to profitable employ- ment, and receiving in the part time school or depart- ment instruction supplementary to the practical work carried on in such employment." ^^ The State also feels a responsibility for the quality of the education of those who apply for licenses to prac- tice the various professions. Until recently very little attention was paid to the preliminaiy education of the applicant, but he was passed if he could scrape through on the strictly technical requirements. The State has now created a subdepartment of the Department of Pub- lic Education,^'' whose duty is the "determination, evalu- ation, standardization and regulation of the preliminary (13) Act May 6, 1915, P. L. 268. (14) Act July 25, 1913, P. L. 1249. The benefits of Federal as- sistance -were accepted by Act July 11, 1917, P. L. (15) Act May 1, 1915, P. L. 138. (16) Act June 19, 1911, P. L. 1045. PUBLIC SCHOOLS. 95 education, both secondary and colleij^iate, of those to be hereafter admitted to the practice of medicine, dentistry and pharmacy in this Commonwealth"; and other work along the same lines. Recently the control of licensing doctors has come un- der the Department of Education through the establish- ment of the Bureau of Medical Education and Licensure attached to the Department of Public Instruction.^ ' This Bureau consists of seven members, two of whom, the Superintendent of Public Instruction and the Commis- sioner of Health, hold their positions ex officio. The re- maining five members are appointed by the Governor. Tliis recent piece of legislation supersedes the former method of having a separate board for the several schools of medicine. In order to secure impartial treatment for all schools, one member of the bureau must be elected from the Medical Society of the State of Pennsylvania, one from the Homoeopathic Medical Society of the State of Pennsylvania, and one from the Eclectic Medical So- ciety of the State of Pennsylvania, and it is further pro- vided that the two remaining shall not be of the same school of practice. The great advance marked by this single board system of medical licensure over the previ- ous system of separate boards is the recognition of the fact that a great part of modern medicine rests upon a thoroughly scientific basis and cannot be made the ground for division into schools. Thus the examinations include the subjects of anatomy, physiology, chemistry as ap- plied to medicine, hygiene and preventive medicine, path- ology as applied to medicine, bacteriology-, symptoma- tolog}% diagnosis, surgery, gynecology, practice and ma- teria medica and therapeutics, and only in the subjects of practice, materia medica and therapeutics, is it pro- vided that the examination shall be given by the mem- bers of the bureau of the snive school as the applicant. (17) Act June 3, 1911, P. L. 639. 96 STATE GOVERNMENT IN PENNSYLVANIA. Thus, in the eye of the law at least, the several medical schools shrink into a single body of scientifically equipped physicians, who differ merely on the subjects of practice, materia medica and therapeutics. Perhaps an excep- tion to this general statement ought to be made in the case of osteopaths, who have an examining board of their own.^^ Whether osteopathy constitutes an exception would depend on whether it is a school of medicine, since the act creating the examining board carefully refrains from saying anything about medicine. It is probable that the osteopaths do not consider that their art is a branch of medical practice, but that it is something stii generis, namely, osteopathy. For a number of years osteopaths had a hard struggle for recognition. Until they had their own board the graduates of their colleges could not get a license to practice. From a legislative point of view it is a little difficult to know where to draw the line in the matter of creating examining boards for the purpose of licensing people to practice something which is not medicine but wdiich professes to make peo- ple well of their diseases. About the same time that the osteopaths received recognition a bill was introduced to provide a separate board for naturepaths, and there are other somewhat similar schools w^ho would like to be rec- ognized with a separate board. It would seem wiser in the long run to require everybody who desires a State li- cense permitting him to make a profession of healing, to know the standard fundamentals of scientific medicine and then to permit him to add anything he sees fit and call himself by whatever name he finds most satis- factory. There is far too much danger of a new and strange sounding title hiding deficiency of actual knowl- edge. On the border line is the science of optometry. The (18) Act March 19, 1909, P. L. 46. Act April 28, 1915, P. L. 195. Act Jnne 1, 1915, P. L. 687. Act May 17, 1917, P. L. PUBLIC SCHOOLS. 97 optometrists prescribe glasses for defective vision, and, to do so, measure the refractive condition of the eye without tlie use of drugs. Pliysicians usually claim that this is solely the province of the oculists, and the Bureau of Medical Licensure at one time attempted to bring optometrists under its jurisdiction. After considerable contention, a law was passed regulating the practice of optometry and creating a board of Optometrical Edu- cation, Examination and Licensure.^'' The matter of State supervision of the qualifications of those holding themselves out as competent to prac- tice professions is especially interesting from the point of view of this book. Admission to the bar has always been under the control of the several courts, but as the members of the legal profession are in fact officers of the court, and the court is part of the government, such public regulation of the qualifications of the members of the bar does not transcend a purely governmental func- tion. Now, however, the principle of public certification to competency is greatly extended, and it may cause sur- prise to learn of the number of trades and professions which cannot be practiced without a public certificate. There is medicine, as already described, and the allied profession of dentistry.-" Regulated also is the profes- sion of pharmacy."^ A xjrofession closely related to those of the healing arts, that of the undertakers, is also regulated by the State.-- Trained nurses are now subject to special State regulations.-^ The State Board of Ex- aminers for Registration of Nurses is composed of five members, three physicians and two nurses. Applicants having had the required training and (19) Act March 30, 1917, P. L. (20) Act May 7, 1907, P. L. 161. (21) Act May 17, 1917, P. L. (22) Act June 7, 1895, P. L. 167. (23) Act May 1, 1909, P. L. 321. Act June 4, 1915, P. L. 809. 7 98 STATE GOVERNMENT IN PENNSYLVANIA. passing the required examination are entitled to style themselves R. N., or Registered Nurse. Nursing by- others is not forbidden, but it is unlawful for anyone to use the title unless they have lawfully acquired it. Veterinary doctors are likewise licensed.-^ However, it does not appear that there are different schools of horse doctoring. Public accountants are subject to State regis- tration.-"' ''Certified public accountant" is the title those are permitted to assume who have shown the required fitness. Attempts have been made to have civil engineers sub- ject to State regulation, as well as architects, and per- sistent attempts have been made to require barbers to pass a State examination and take out a license. Plum- bers are licensed by the several cities. Mine foremen also are required to pass examinations, but this comes rather under provisions for public safety than as a cer- tification of fitness to practice a profession or trade. All these instances are simply cases w^here the State is using its power to protect its citizens. (24) Act May 5, 1915, P. L. 248. (25) Act March 29, 1899, P. L. 21. Act June 4, 1915, P. L. 839. CHAPTER X. THE HELPING HAND OF THE STATE. IN Pennsylvania wild experiments in government do not find ready welcome, and the testing of strange doctrines is usually left to other communities. There- fore it is doubly interesting to note the steady advance that has taken place in the amount of direct assistance which the State extends to its citizens. That a govern- ment should do more for its people than merely keep them in order is indeed suggested in the Constitution. At the time of its adoption the public school had become a definitely accepted responsibility of government. The special advance made by the present Constitution in the direction of State service was the creation of the De- partment of Internal Affairs, though this path led to a dead end, as we have shown. Since the adoption of the Constitution the Legislature has been busily at work developing the idea of State usefulness, until now there is a complex of State agencies whose duty it is to ex- tend the helping hand of the State to its individual citi- zens. It would be interesting to trace the history of this development and observe the creation of each new agency and the addition of each new power, but the plan of this book requires that we should confine ourselves to a description of the finished product, the machinery of the State government now existing for the purpose of State helpfulness. Such machinery may be divided into three groups. The first includes those departments which are busied in lending assistance in business matters, protecting against business abuses and furnishing information ; the 99 100 STATE GOVEENMENT IN PENNSYLVANIA. second group is charged with the preservation of the State resources and making them available for the use of the people; while the third group takes care of the very person of the citizen in all its parts, physical and moral. If we bear in mind that these distinctions are not absolute, that any one agency may help in any of these ways or all, we will find this grouping of assist- ance toward an understanding of the State's activities in this general field. One of the most pervasive types of business is insur- ance, whether against fire or death or other calamity. As every mortal is sure of death and in danger of every other accident, the need of insurance is universal. The greater the need, the more sacred is the fund which is accumulated as a protection against it. The insurance business is the field of fierce competition, and has not been without its scandals and disgraces, as was strik- ingly brought to public attention by the investigation by Justice Hughes before his elevation to the Supreme Bench of the United States. Every State has a body of law regulating the business of insurance, designed to protect the citizen from loss incident to improper ad- ministration of the funds and from the effects of various improper practices that grow up from time to time as a result of competition. To enforce these laws there is usually provision for some kind of special official. In Pennsylvania this duty is entrusted to the Insurance De- partment,^ the head of which is the Insurance Commis- sioner. He is appointed by the Governor for a term of four years, and must be confirmed by the Senate. The law requires that every insurance company shall make annual report to the Insurance Commissioner. His an- nual report contains a condensation of the various re- ports submitted to him, and furnishes a ready means of (1) The Insurance Department was established by Aet April 4, 1873, P. L. 20, and reorganized by Act June 1, 1911, P. L. 607. HELPING HAND OF THE STATE. 101 information for persons interested in knowing the con- dition of any particular company. In connection with the question of insurance, mention should be made of the State Fire Marshal,- a new offic- ial. He is charged \vith the duty of investigating the origin of fires and ferreting out incendiarism, and in forcing the correction of conditions likely to breed fires. His office is organized with a Chief Assistant Fire Mar- shal, a First Deputy, Second Deputy, six plain deputies and seven assistants to the plain deputies, as well as clerks and stenographers. The chiefs of the fire depart- ments of the various municipalities and the presidents or chairmen of the boards of supervisors of the to^vnships are also, by virtue of their offices, assistants to the State Fire Marshal. Very similar to the Insurance Department is the Banking Department,^ which watches over the money of the people entrusted to financial institutions. Of course, the national banks are beyond his jurisdiction, but all banks doing business under a charter from the State, as well as trust companies, and all private banks, are under his care. While the Banking Department cannot abso- lutely prevent the failure of financial institutions, the steady pressure of its examinations and criticisms, and the occasional exercise of its more drastic powers have done wonders in preserving the stability of our banking business. Of especial value has been its fostering care of the building and loan associations. These powerful instruments of co-operative saving were introduced from England in early times, took root first in Pennsylvania soil, and have flourished here mightily. Their success is due to the fact that they appeal to the soundest instincts of humanity and that their machinery is skillfully (2) Act June 3, 1911, P. L. 658. (3) Created by Act June 8, 1891, P. L. 217 and strenjrthened by Act February 11, 1895, P. T.. 4. 102 STATE GOVERNMENT IN PENNSYLVANIA. adapted to the psy ecology of the people who are their patrons. Each member is required to make a payment every month on account of his subscription to stock under compulsion of a relatively heavy fine. The money paid in is loaned each month to the member bidding the high- est premium, and he is required to give real estate secur- ity therefor, probably the house which the loan enables him to buy. On this loan he pays interest, also monthly. The fines, premiums and interest all go into the funds to be loaned, so that they are compounded over and over, and the net result is a profit far beyond that which can ordinarily be obtained from investments so completely secured. Thus the twofold benefit is obtained of a safe and remunerative investment for regular savings, and a source of supply for borrowings in home buying which is more adapted to the needs of the average person than are the greater financial institutions. The State has long recognized the social utility of the building and loan as- sociations and has fostered them by exemption from tax- ation. They are the special wards of the Banking De- partment, which examines them at intervals without no- tice. This examination, together with the cautious man- agement which usually characterizes the associations, has made them safe and failure is rare.^ Another business which the State particularly fos- ters is the fundamental industry of agriculture, which is of great importance in Pennsylvania, notwithstanding the State's reputation for mining and manufacturing. The prosperity of this large industry is of peculiar in- terest to the State because the price of the necessaries of life for every citizen is largly controlled by the amount of agricultural production. Another reason for the State's interesting itself in agriculture is the fact that the (4) The total assets of the Building and Loan Associations in the State now (1917) amount to over three hundred million dollars. cf. Report of the Banking Commissioner for 1916. HELPING HAND OF THE STATE. 103 business can be advanced by discoveries and experiments which are impossible for the various farmers to make for themselves. Through the dissemination of sucli in- foraiation the indi\'idual farmers are able to compete with capitalistic combinations, and to maintain their in- dependence. For fostering farm production the State has created the Commission of Agriculture.^ The chief officer is the Secretary of Agriculture, holding his commission at the pleasure of the Governor. The Chief of the Bureau of Statistics in the Depart- ment of Agriculture is called the Statistician. His work is of assistance to all the other bureaus and to the public generally in gathering and compiling information. The Dairy and Food Bureau has charge of the en- forcement of the pure food laws. These are of personal importance to the individual citizen, because they involve health and life itself, yet on account of the technical skill needed in securing evidence of violations, the enforce- ment of these acts cannot be left to the injured party as is usually done with other penal laws. Pennsylvania citi- zens are now protected by the federal pure food laws, which govern interstate shipments, as well as by the State pure food laws. The Bureau of Economic Zoology has charge of a de- partment where tlie advantage of the power of the State exercised for the assistance of the individual is particu- larly apparent. The depredations of the abounding insect life are astonishing, and were there no checks on its multiplication, the world would soon be devoid of other life. Not only do the well known insect pests need con- tinual watching and destruction, but new and strange dis- eases frequently appear which, on expert examination, prove to be the result of the activities of some hitherto unknown parasite. Before such a visitation the individ- (5) Act M^y 18. 1915. P. L. 541. 104 STATE GOVERNMENT IN PENNSYLVANIA. ual farmer would stand helpless, but with the expert knowledge of the State Economic Zoologist at his ser- vice he is put in possession of every known means of de- fense. The Economic Zoologist has charge of the en- forcement of the laws regarding the inspection of nursery- stock for insect pests and plant diseases, and enforces the act providing for the inspection of apiaries and for the suppression of contagious and infectious diseases among bees. The Bureau of Chemistry places at the disposal of the department the expert chemical knowledge which is necessary in nearly all its work. The Division of Veterinary Science supplies the knowledge and service necessary in the barnyard depart- ment of the farmers' work. The State Veterinarian is at the head of this division. Beyond what the State is doing for the farmers, as just described, a recent act ^ has extended the idea of direct State helpfulness probably farther than ever be- fore in this State. Under its provisions the Secretary of Agriculture appoints ten '' special instructors in the science of agriculture and demonstrators of approved agricultural methods." These instructors are located at different points throughout the State so that no fanner is any great distance away from one. If things now go wrong with a farmer and he fails to get the results he should, instead of puzzling over books or written replies from the department, he can have the instructor look over his farm and tell him what is the matter. It is sig- nificant of the trend of the times that one of the instruc- tors appointed was a woman, who was directed to take up the subject of home sanitation and household economics. A recent addition to the machinery of the Department of Agriculture is the Bureau of Markets.'^ (6) May 14, 1913, P. L. 203. (7) Aet July 17, 1917, P. L. HELPING HAND OF THE STATE, 105 The Department of Agriculture also holds farmers' institutes from time to time. These are gatherings of farmers for mutual instruction and are under the special direction of the Deputy Secretary of Agriculture. The Department of Agriculture with its various bur- eaus is by no means all the machinery of the State for the benefit of the farmers. In addition there are the State Livestock Sanitary Board and the extensive agri- cultural work of the Pennsylvania State College. The State Livestock Sanitary Board is officered by the Secre- tary of Agriculture and his bureau chiefs, and it is not easy to understand why a separate board distinct from the department, was created. However, the State Live- stock Sanitary Board is a distinct entity and is highly organized. It has a president, vice-president, treasurer, secretary and assistant secretary and a clerical force; a meat hygiene division with a director and ten agents ; a horse breeding division with a director and assistant; a division of transmissible diseases with a director; a di- vision of milk hygiene with a director ; a laboratory with a director and eight assistants and a milk hygiene labora- tory with a director and associate; an auditing division, two agents in charge of substations, a farm fore- man, and seventeen field agents. This board is charged with the duty of preventing animal epidemics, and frequently, when the foot and mouth disease or other epidemic is abroad, it has a difficult task. Tlie Board has power to condemn and kill infected livestock (for which the State reimburses the owner) and to regulate conditions generally which bear on the transmission of animal disease. As a connecting link between the farmers and the State, there has been created the State board of Agricul- ture.^ Its members are of five classes: (1) Those who are members ex officio, consisting of the Governor, Secre- (8) Act May 8, 1876, P. L. 129. 106 STATE GOVERNMENT IN PENNSYLVANIA. tary of Internal Affairs, Superintendent of Public In- struction, President of State College, Auditor General and Secretary of Agriculture; (2) two members appoint- ed by the Governor; (3) one member appointed by the Pennsylvania State Poultry Society; (4) one mem- ber appointed by the Pennsylvania Bee Keepers' Asso- ciation; and (5) one member appointed by each of the County Agricultural Associations. Seventeen consult- ing specialists in as many different subjects are con- nected with the Board. Such a large body, of course, cannot meet frequently nor be an executive body, but it serves to gather and disseminate much necessary infor- mation and to keep the resources of the State constantly at the service of the farmer. We are all interested in the success of the farmer be- cause we live upon his products, but there are other busi- ness enterprises of widespread public interest and these, too, are watched over by the State. One of the most striking changes which the advancing invention and in- creasing population have wrought in the nineteenth cen- tury is the now almost total dependence of the people upon public service corporations. Where once people drew their water from wells they now obtain it from a water corporation, public or private. Where once they drove in a private wagon or carriage now they ride and have their goods transported in a railway. Where once they wrote a note now they telephone. Where once they lit a candle now they turn on the gas or electricity. The distinguishing characteristic of public service corpora- tions is that they must have a monopoly. Competition has been tried and has proved a failure. Costly duplica- tions of plant result in no advantage to the consumer, except through reduction of rates brought about by cut- throat rate wars, and these alw^ays end either in a res- toration of the rate or in the consolidation of the com- panies and the consequent effort to recoup from the peo- HELPING HAND OF THE STATE. 107 pie all that had been given them in the time of competi- tion. On the other hand, however, before unregulated monopoly the individual citizen is helpless. No matter what the law might be, no private citizen could afford to pursue a public service company through the maze of liti- gation that would be required to enforce his riglits in the matter of rates, and more particularly in the matter of standards of service. Therefore the people need some strong protagonist, armed not only with power but also with skill to investigate, with wisdom to understand, with firamess to enforce and with restraint not to oppress. Such a protagonist the Public Service Commission is in- tended to be. The idea did not originate in Pennsylvania. Massachusetts set the fashion with a Railway Commis- sion, which, however, had little power except to investi- gate. The great example is the Interstate Commerce Commission of the United States. Since so much of the traffic of the country is interstate, the United States Commission has jurisdiction over a large part of the railroad business in the United States. Still there is enough railroad business that is purely within the bounds of the State to make State regulation necessary. Many States had railroad commissions before Pennsylvania, and the first step here was taken in 1907 when the Rail- road Commission was inaugurated." This body had hardly time to prove what it could do before the rising tide of demand for more State activity, characteristic of the year 1912, resulted in the establishment of the Pub- lic Service Commission. ^^ The Public Ser^dce Com- mission is a body of similar nature to the Railroad Com- mission which it displaced, but of vastly greater scope. As its name implies, it has control not only over rail- ways, or other common carriers, but also over all forms of public serA^^ice corporations. It consists of seven com- (9) Act May 31, 1907, P. L. 337. (10) Act July 26, 1913. P. L. 1374. 108 STATE GOVEKNMENT IN PENNSYLVANIA. missioners, appointed for ten years, with their terms so arranged that the term of but one member expires in any one year. Thus the commission could not be packed sud- denly for a particular purpose. One of the commission- ers is designated by the Governor as the Chairman. The Attorney General is ex-officio the general counsel of the commission, but he appoints two lawyers as counsel and assistant counsel who do the active legal work. The Commission itself appoints a secretary, an investigator of accidents and a marshal and other assistants, its carte blanche in this direction, of course, being controlled by the amount of the appropriation at its disposal. An administrative commission is a body that is some- what anomalous in our ways of doing things. It is not a court, but it acts in many ways like one, for it has hear- ings, decides questions of fact, and makes decisions, yet these decisions are not judgments, and if they transgress any law or are confiscatory in effect, they can be upset by a court. It differs most from a court in that it is active itself in the matters before it. The Commission is the State in the act of regulating the service corpora- tions and it does not at all confine itself to deciding between litigants, as does a court, but itself moves to find out what is wrong and to make it right. The act creating the Commission and regulating the public ser- vice corporations is very broad and inclusive and vests ample power in the Commission. If, hereafter, these cor- porations are not effectively regulated, it will be the fault of the personnel of the Commission rather than of the legislation under which they act. The second of the groups into which we have divided the helpful activities of the State is that which has to do with conservation. In the past, Pennsylvania's rich resources have been ruthlessly exploited with little thought for the people who were to come after. It is a melancholy sight when traveling through the mountain HELPING HAND OF THE STATE. 109 regions of the State to view the millions of acres of bar- ren slopes where once the patriarchal pine and hemlock held undisputed sway. Only gradually did Pennsyl- vania awake to the necessity of preserving its timber wealth, though in comparison to other States it was early in the field. The first tentative step, taken in 1893, was the creation of a Forestry Commission.^ ^ Out of this grew the Division of Forestry in the Department of Agriculture,^- and finally the work came to be considered of sufiicient importance to warrant the establishment of a department all to itself.^ ^ The department is organ- ized with a Commissioner at the head, a Deputy Commis- sioner and a clerical force. Associated with the depart- ment, and together with the Commissioner of Forestry fonning the State Forestiy Reservation Commission, are four citizens appointed by the Governor. These four members are not paid for their services. The larger questions of forest conservation are decided by the Com- mission, and the detail management and execution of these plans are in the hands of the Commissioner of For- estry. Under the supervision of the Department of For- estry the State has entered into an extensive scheme of forest preservation. Waste land has been steadily ac- quired until the total area so dedicated to forestry re- serve amounts to about a million acres. This land is reforested by protecting natural growth,^"* and by set- ting out seedling trees. The Department maintains nur- series for the growing of seedlings and will distribute these young trees, under proper regulation, to those who (11) Act May 23, 1893, P. L. 115. (12) Act March 13, 1895, P. L. 17. (13) Act February 25, 1901, P. L. 11. (14) The great problem in forestry work is the protection of the forest area against fire. The lesrislature had recogmized this by creating a Bureau of Forest Protection in the Department of Forestry with wide powers. Act June 3, 1915, P. L. 797. 110 STATE GOVERNMENT IN PENNSYLVANIA. will plant and take care of them. Another way in which the State will assist the private tree owners directly is to send district foresters who will assist them in the care of small areas of woodland, including shade and orna- mental trees. One of the conditions which for many years tended to prevent private reforestation was the custom of assessing forest land for taxation on the basis of its tim- ber value. Thus, if a man planted trees for cutting fifty years hence, he would have to pay increasing taxes dur- ing the whole time he was waiting for the profit. Human nature is hardly equal to this, so the natural consequence followed. Either the timber was cut when immature, or the land left untended, a prey to axe and fire. This con- dition was remedied in 1913 when the group of Auxiliary Forest Reserve laws was passed.^ ^ Under these laws forest lands in private possession can be classified as aux- iliary forest reserves. Thus they are brought under the care of the department to a certain extent, but the most important effect is to postpone taxation upon them until the timber is harvested. In order to prevent hardship to to\\Tiships and school districts within which auxiliary forest reserves may be located, a special charge of two cents an acre for the benefit of schools and two cents for roads is placed on these reserves and is paid by the State, as is also done in the case of the regular forest reserves. Another provision for enlarging the area of protected forests is the encouragement given to municipalities to establish their own forest reser^^es.^*^ This policy has proved very profitable in Europe, and doubtless will here in due time. As the State forest reserves belong to the people it is fitting that they should yield their fullest use to the (15) Act June 5, 1913, P. L. 405. Act June 5, 1913, P. L. 426. Act June 5, 1913, P. L. 408. (16) Act April 22, 1909, P. L. 124. HELPING HAND OF THE STATE. 1 1 1 citizen. So it is provided that the Department of For- estry may lease sites for camps and bungalows at nom- inal rates. This opportunity is not yet fully known to the people and will doubtless in time spread the bless- ings of woods life to multitudes. The protection of the forests, while primarily under- taken for the conservation of the timber supply, has also a striking number of important collateral benefits. First of all comes the preservation of the water supply. For a long time Pennsylvania seemed satisfied to let its waters get along as best they miglit, but the last decade has brought a full recognition of the importance of the State's streams to the welfare of its inhabitants. To protect these streams and to study the problems in con- nection with them, the State lias created the Water Sup- ply Commission. ^"^ It is composed of five members, three of whom are appointed by the Governor. The other mem- bers are the Commissioner of Forestry and the Commis- sioner of Health. The linking of these two commission- ers reveals the recognition of the close connection be- tween the conservation of the water supply and the for- ests on one hand, and the public liealth on the otlier. No water company whether for the distril)ution of water or the use of it as power, may now be incorporated or use any of the waters of the State without the consent of the Watei- Supply Commission. This Commission is mak- ing a thorough survey of all tlie streams in the State, and the interest of the public in its waters is now being- watched. Another benefit of forestry conservation IS the protection and propagation of fish and game. Owing to the savage tliat still remains in each of us, the question of the fish and game supply always assumes considerable importance. It is suri)i-ising what a laro-e amount of legislation is continuallv (17) Act May 4. 1905, P. L. 385. 112 STATE GOVERNMENT IN PENNSYLVANIA. enacted on the subject of fish and game.^^ To a certain extent fish and game, but particularly fish, is an economic question. Such food fishes as the shad in the Delaware and Susquehanna and the white fish in Lake Erie have an important relation to the food supply of the State, but the chief interest in the fish and game sup- ply of the State centers around the question of sports- manship. For the preservation of the fish supply and the stocking of the various waters of the Commonwealth the Department of Fisheries has been created.^^ At the head of the department is the Commissioner of Fisher- ies, and with him four other citizens of the Common- Avealth, who, together, constitute the Fisheries Commis- sion. The members of the Commission are appointed by the Grovernor. The Commission maintains a number of hatcheries at different points in the State and has done much to restore the waters of the State to a condition where fishermen may gain more than patience. Anyone who is interested in the piscatorial art and desires to exercise it without leaving the State should communi- cate with the Department of Fisheries, where he will get much valuable information. The game of the State also has a special branch of the government for its protection, called the Board of Grame Commissioners.-" This Board serves without com- pensation. Its secretary and active executive official is known as the Chief Game Protector. Besides him there are sixty ^^ persons known as Game Protectors, and the Board may appoint in each county one Deputy Game Protector. It is the duty of the Board to protect and preserve the songbirds and the game, (18) The regulations are chang'ed at nearly, every session of the legislature. The latest Act is June 7, 1917, P. L. (19) Act April 2, 1903, P. L. 128. (20) Act June 25, 1895, P. L. 273. (21) Act April 22, 1915, P. L. 168. HELPING HAND OF THE STATE. 113 and insectivorous birds and mammals of the State, and in ,i»eneial to enforce the game laws. There is an astonishing amount of legislation com- ing under the head of game laws and no one should at- tempt to play the part of a sportsman in the State with- out securing from the department a small volume in which the laws are collected. For a number of years one of the subjects of most lively discussion in the Legisla- ture was the question whether hunters should be licensed. In the session of 1913 the advocates of this measure pre- vailed.-- Accordingly, before it is safe to go hunting it is necessary for the would-be Nimrod to visit the oflfice of the County Treasurer and pay one dollar. He then receives a license, and a tag which bears the license num- ber in figures at least one inch in height. This tag the licensee must wear on the back of the sleeve between the elbow and the shoulder. The revenue derived from the sale of these licenses may be used only for the further- ance of game protection and propagation. For this rea- son the hunters do not feel that they are losing their dollar. Another department of the State government which is busied about the natural resources of the State is the Geologic and Topographic Surve}^ Commission. -^ This Commission co-operates with the United States Geologi- cal Survey in the preparation of a contour topographic and geologic survey and map of the State. Its reports and surveys are of great interest in the mining indus- tries. An activity of the State which may well be grouped with, conservation is the maintenance of highways. It is only in recent years that the economic value of usable roads has been thoroughly appreciated, and the automo- (22) Act April 17, 1913. P. L. 85. Non-residents are covered bv Act May 3, 1917, P. L. (23) Act April 28. 1899. P. L. 9o. Act July 18. 1901. P. I.. 720. 8 114 STATE GOVERNMENT IN PENNSYLVANIA. bile has given a stimulus to the good roads movement without which it would have been much delayed. The State Highway Department was created in 1903.^^ In 1911 the Department was reorganized and greatly ex- tended.^^ At the same time a comprehensive system of State highways was provided for. There is also a sys- tem of State aid highways, in the construction of which the State co-operates with the counties and townships and boroughs, the State paying half of the expense and the county and township each one-quarter. The main- tenance of the road is divided between the State and the township or borough in which the road may lie. The State has gone into the road-making business on a very large scale. Besides the State Highway Commissioner, there are two Deputy Commissioners, a Chief Engineer, an Assistant Engineer, fifteen Civil Engineers, to act as assistants to the Chief Engineer, fifty Superintendents of Highways and a large office force.-" This department has charge of licensing automobiles, and the license fee, although paid into the State treasury, is specifically ap- propriated for the use of the Highway Department.-'^ The physical resources of the State are not all that require conservation. The State abounds in an intangi- ble resource whose chief value lies in the stimulation of patriotism. This resource consists of the places where historic memories cling. The State has never been un- mindful of the value of these locations, and has been steadily appropriating money for monuments and mark- (24) Act April 15, 1903, P. L. 188. (25) Aot May 31, 1911, P. L. 468. (26) Act July 16, 1917, P. L. creates a Bureau of Town- ship Highways in the State Highway Department. (27) By Act of Congress approved July 11, 1916 the U. S. Government extends aid in the constraction of rural post roads to States which Avill co-operate. Pennsylvania accepted this aid by Act April 5, 1917, P. L. HELPING HAND OF THE STATE. 115 ers. The task of discriminating among the various appli- cants and then spending the money for this purpose wisely has been growing more and more difficult, while at the same time the physical remains of historic facts which have not been marked or cared for have been stead- ily disappearing. In order that the State might act wisely in its care of historic places, a commission has been appointed, called the Pennsylvania Historical Com- mission,-^ consisting of five citizens of the Commonwealth appointed by the Governor. This Commission has the duty of marking and preserving the places where his- toric events have occurred, the restoration of historic public buildings, military works or monuments, and of co-operating with municipalities or historical associa- tions in the same kind of work. Together with the Gov- ernor, Auditor General and State Treasurer the members of the Commission constitute a body of trustees author- ized to accept on behalf of the Commonwealth, and to care for, gifts which may be made for the endowment of its work. The third group of the State's machinery for help- fulness is that which is charged with the direct improve- ment of the individual himself, in his mind, body and behavior. The chief of the agencies used to this end is the pub- lic school system with all of its ramifications, to which we have already devoted a chapter. Next in importance come the charitable activities of the State, including the number of State hospitals for the insane and other un- fortunates, and the State's large appropriations to pri- vately managed charities. Of these, together with the Board of Public Charities, we have already spoken. The Department of Health -^ is one of the biggest single pieces of machinery which the State maintains for (28) Act July 25, 1913, P. L. 1265. (29) Act April 27, 1905, P. L. 312. 116 STATE GOVERNMENT IN PENNSYLVAXIA, the assistance of its citizens. The department is organ- ized with a Commissioner of Health at the head, and an advisory board of six, the majority of whom must be physicians, and one of whom must be a civil engin- neer. In addition to a considerable office force there is a chief and an associate medical inspector and an assistant chief medical inspector, a medical inspector in each county except Philadelphia (which has its ovm Department of Public Health and Charities), seven hun- dred township health officers, a large force in the Bureau of Vital Statistics, another full complement in the lab- oratories and experimental stations, and a large number of employees in the various sanatoria and dispensaries. The department maintains three sanatoria for tubercu- losis patients, number one at Mont Alto, where about one thousand patients are being cared for, number two at Cresson where there are about three hundred and fifty patients, and number three at Hamburg which has just been completed. Besides these sanatoria there are a large number of dispensaries located in all parts of the State for the purpose of giving out treatment to tubercular patients. Diphtheria antitoxin is distributed by the Department of Health through six hundred and sixty-seven ditferent agencies, and tetanus antitoxin through sixty-eight distributories. The State Depart- ment of Health has gone about its duties in a very large way and has been liberally supported by the Legisla- ture. It has general control over the waters of the State and the sewage sj^stems of all the mu- nicipalities.^** The department has been persistent- ly at work supervising extensions to sewage sys- tems under the power given it by the act com- pelling the introduction of jnodern sanitary systems by municipalities. Philadelphia has been experimenting for a number of years under the supervision of the de- (30) Act April 22, 1905, P. L. 260. HELPING HAND OF THE STATE 117 partment, and only recently has decided upon a com- prehensive system of sewage disposal. This, when in full operation, will remove from the waters of the rivers the great mass of sewage which is now so injurious to the health and comfort of the citizens. No fair description of the activities of the Depart- ment of Health could be given without some mention of its work in catastrophic emergencies. On the after- noon of Saturday, April 30, 1911, the great concrete dam at Austin gave way and the waters overwhelmed the town with great loss of life. Saturday afternoon is not a favorable time for governmental action to begin, but the wires throughout the State were soon humming with orders and the Commissioner himself hastened to the spot. The report of the Commissioner for 1911, cover- ing this occurrence and including the report of the chief engineer, provides a splendid manual of practical in- structions for relief work in emergencies. The more recent flood at Erie also found the Department of Health not w^anting. Another agency of the State which is always to l)e found on hand when there is trouble is the State Police. Every body politic worthy of existence must have some means of enforcing respect for its decrees. Owing to the inherited antipathy of Americans to a standing army our States have been singularly ill provided with means for protecting their own sovereignty. Local police forces have been familiar, but the State at large has been help- less to carry out its decrees unless it call upon the militia. This is a veiy expensive proceeding. It is well known that a small number of higldy disciplined men are more effective than a much larger number poorly disciplined and inexperienced. Pennsylvania was the first State to adopt the idea of pro^^ding State police. Tliey are not in any sense a standing army, but are a body of men em- ployed by the State to enforce its laws and preserve the 118 STATE GOVERNMENT IN PENNSYLVANIA. peace. In times of disaster they are usually first on the ground, and bring to the stricken community the encour- aging assurance of the State's care and protection. We include the Department of Mines in the group of State activities busied with the direct improvement of the condition of the citizens, because its chief energies are expended in protecting the health and lives of the men in the mines. There is a large body of law relat- ing to the safety of the operation of the many mines, particularly coal mines, in the State, and the chief duty of the Department of Mines is to make continual inspec- tions to insure that the law is obeyed. This department was created in 1903, superseding the Bureau of Mines in the Department of Internal Affairs. ^^ Subject to the Department of Mines are numerous mine inspectors throughout the various coal regions of the State. A curi- ous extension of democracy is found in the fact that the mine inspectors in anthracite coal regions are elected by the voters of the several inspection districts. ^^ A further development of the conceptions of the State as a direct aid to its citizens is nowhere better il- lustrated than in the creation of the Department of Labor and Industry.^^ This department, in the first place, has care of the health and safety of the citizens of the Com- monwealth employed in industry by reason of its duty of enforcing the various factory laws of the State. It also acts as a physician for the industry of the State by di- rectly taking a hand in the symptoms of industrial ill- ness known as strikes and lock-outs.. This department of the work is in charge of the Bureau of Mediation and Arbitration. The department is kept in touch with the non- official part of the Commonwealth by means of the (31) Act April 14, 1903, P. L. 180. (32) Acts June 8, 1901, P. L. 535 ; May 3, 1905, P. L. 363 ; May 3, 1909, P. L. 420; May 5, 1911, P. L. 120. (33) Act June 2, 1913, P. L, 396. HELPING HAND OF THE STATE. 119 industrial board which, in addition to the Commissioner of Labor and Industry, consists of four members, ap- pointed by the Governor, one of whom must be an em- ployer of labor, one a wage earner and one a woman. Presumably the fourth member is to represent Mr. Com- mon People, so that every interest likely to be affected by industrial disturbance has a representative upon the board. It is to be hoped that Mr. Common People's representative will be very able and active, since his con- stituents are those who in the long run bear the brunt of industrial maladjustment. By recent legislation the department has been given the duty of establishing a State Employment Bureau.^^ Foreign countries have far surpassed this country in cariying out the idea that the State ought to assist its citizens in finding employment. It is always a public misfortune when citizens with skill and strength are unable to use them in earning a livelihood, and since the value of an employment agency grows in direct ratio vnth. its scope, it is proper that the business of finding employment should be a State activity, even a State monopoly, although the laws at present do not contem- plate going so far. They simply require registration and licensing on behalf of private bureaus in order that the State may keep them in proper control.^*'* One of the most recent and most important duties laid upon the State Department of Labor and Industry is the part which it plays in the operation of the new Workmen's Compensation Act."'" The question of em- ployers' liability and workmen's compensation is ex- tremely complicated and intricate, but the needs and suf- fering of the workmen in connection with industrial ac- cidents usually reduce themselves to a very simple (]ues- (34) Act June 4, 1915, P. L. 833. (35) Act June 7, 1915, P. L. 888. (36) Act June 2, 1915, P. L. 736. Act June 2, 1915, P. L. 762. 120 STATE GOVERNMENT IN PENNSYLVANIA. tion for the injured operative. He sees it usually as a matter of sudden injury or industrial disease wherein he loses his means of livelihood. On the part of the State the question appears pressing, because annually thousands of industrious citizens are rendered incapable of further supporting themselves or their dependents, and in con- sequence the State and local charitable organizations are put to great expense. Dependents brought up by public charity are seldom as eifective citizens as those brought up in a normal Avay in a family. To the em- ployer the question usually presents itself in the light of the expense to which he is put in defending lawsuits, the totally unpredictable amount of liability which he may be under during any one year on account of acci- dents for which he may be held liable, and the drain on his sympathies when he realizes that only an extremely small percentage of his injured employees may expect to receive anything in the way of damages. On the other hand, if he made a general provision for all who were injured in his employ, he would find competi- tion with other employers in the same line of business impossible. Workmen's compensation is a scheme which obviates the difficulty from the point of view of all three parties interested. It proceeds upon the theory that modern industry has produced a condition where the vast bulk of the accidents are due rather to the risk of the employment than to the fault of anybody in particular, and that it would be a wise public policy to have every workman assured of some compensation in case of acci- dent, entirely apart from the question as to who was negligent. At one fell swoop this method cuts off and saves to the community almost the whole of the great burden of expensive litigation which hitherto preceded the distribution of whatever amount actually was col- lected for injured workmen. It is, of course, highly advantageous to workmen themselves, except that the HELPING HAND OF THE STATE. 121 schedules of payment under the act while certain, are uniformly smaller than a workman might possibly col- lect in case he^won a successful suit for damages under the old system. From the point of view of the employer there is substituted a definite liability each year in the insurance premium which he is now practically compelled to carry and which is borne equally by himself and all l«is competitors in the State, and, since surrounding States are rapidly adopting similar laws, is also pai 1913. P. L. 711. 9 130 STATE GOVEKNMENT IN PENNSYLVANIA. is encouraged. The right to a jury trial is protected by the Constitution, and no one who desires a jury trial can be deprived of it against his will, but since the calling of a jury involves certain expenses, there is no legal objection to requiring the litigant who desires a jury to pay for it, and so the statute requires the litigant to elect whether he will have a jury trial or not. If he de- cides that he will, he must pay the jury fee of four dol- lars. This has the expected effect of greatly reducing the number of cases tried before a jury, and so largely increasing the number of cases which can be disposed of in a given time. But beyond the mere prompt des- patch of justice, there are many ways in which the new Municipal Court is expected to further the end of con- structive justice. Modern social thought in common with modern medi- cal thought realizes that prevention is far more effective than cure. To this realization can be ascribed the great advance in housing, playgrounds, public baths and other improvements in physical living conditions, and the jun- ior republics, boy scouts and other movements which aim to train the future citizen for his responsibili- ties. The same idea is now affecting the treatment of the delinquent classes. Originally punishment was mere- ly retaliation; then self-protection; and now punishment is also considered as a means for the rescue of the prisoner from his degradation. In this is found the best self -protection for society. When a prisoner has been merely punished (as the records show) he is apt to need punishment again and again, but when he has been re- made he ceases to be a charge on society. The influence of this point of view is very apparent not only in the statute which 0reated the Municipal Court, but also in the court's operation and method. All juvenile delinquents now come before the Municipal Court. The early years of the twentieth century have THE COURTS. 131 seen a great change in the attitude of society towards the child. Once he was treated as a little adult, but now it is realized that his mental processes are entirely dif- ferent from those of his elders. The new science of child psychology has laid the foundation for advance in many directions in the treatment of children, and the quickened sympathies of this generation have availeil themselves of the new light. When once it is realized that children do not think as adults, it is but a short step to realize that tliey need to be treated in a different way. This conception was worked out in practice through the creation of the Juvenile Court.^ At first this work was made a department of the Court of Quarter Sessions but apparently the judges never rose to the conception of the majesty of this work, for they divided it up among themselves in rotation, as if it were a disagreeable work that must be shared equal- ly to be fair to all. The result was that no judge sat for (3) Act May 21, 1901, P. L. 279. This act was repealed and replaced by the act of April 23,, 1903, P. L. 274. The preamble of the latter act is worth reproducing entire as illustrating' how completely the new conception has been taken up into the law. "Whereas. The welfare of the State demands that children should be guarded from association and contract with crime and ci'iminals, and the ordinary process of the criminal law does not provide such treatment and care and moral encouragement as are essential to all children in the formative period of life, but endangers the whole future of the child; And Whereas, Experience has sliown that children, lacking proper parental care or guardianship, are led into courses of life which may render them liable to the pains and penalties of the criminal law of the State, althougli in fact the real interests of such child or children require that they be not incai'cerated in peniten- tiaries and jails, as members of the criminal class, but be subject to a wise care, treatment and control, that their e\41 tendencies may be checked and their better instincts may be strengthened; And Whereas, To that end, it is important that the powers of the courts, in respect to the cave, treatment and control over depen- dent, neglected, delinquent and incon-igible children, should be clearly distinguished from the powers exercised in the administration of the criminal law. Be it enacted, etc." 132 STATE GOVEENMENT IN PENNSYLVANIA. a sufficient length of time to recognize the recurrent cases. The creation of the Municipal Court gave the op- portunity for the erection of machinery adequate to bring the court up to the level of enlightened public opinion. Work for the reformation of individuals re- quires constant patience and supervision. This is true whether the individuals to be helped are adults or chil- dren. Domestic relations cases, such as the ordering of husbands to pay support to their wives, require the con- stant supervision of a judge familiar with the cases, therefore the Municipal Court was given exclusive juris- diction of domestic relations cases also. In order to remove children from the debasing in- fluences of contact with criminals and the disastrous re- sults of treating them as criminals, it is provided that there shall be no preliminary hearing for children with the binding over for court, which is the ordinary practice in criminal cases, as previously described, but ''such children shall be brought immediately before the judge of the Juvenile Court, and he shall hear and determine such cases separately from each other, at such places and at such hours of the day or night as will in the judgment of the president judge and of 'the judge of the Juvenile • Court, be most conducive to the welfare of such chil- dren.^ In order to make it impossible for the Municipal Court judges to chop up the juvenile work among them for short periods each, it was provided by the statute that one of the judges shall be designated to hold the Juvenile Court for a period of one year or longer. It is probable that a judge once having been chosen for this work will continue in it throughout his term of office, and that his success will grow with his experience. The Municipal Court, with its judges specially desig- (4) Act July 12, 1913, P. L. 711, Sec. 9. Exclusive charge of the House of Detention is given to the Municipal Court by Act April 26, 1917, P. L. THE COURTS. 133 nated for juvenile and for domestic relations work, and with its corps of probation officers, is now equipped to give a direct parental care over the classes in the com- munity which specially require that kind of attention. The success of the court in its new line of work encour- aged the Legislature to entiiist it with more. Experi- ence had demonstrated that the arbitrary line of sixteen years did not mark the time when it was safe to consider children adults so far as subjecting them to the criminal court was concerned. Accordingly, it was pro- vided ^ that adolescents from 16 to 21 years of age were to be handled directly by the Municipal Court, instead of by magistrates and the Quarter Sessions Court as be- fore. Three classes of cases now come before the Mu- nicipal Court under this legislation: (1), incorrigible boys from 16 to 21 years of age; (2), incorrigible girls of the same age, and (3), street walkers. In dealing with the boys, after they have been locked up in the House of Detention for a period ranging from twenty-four hours to three days, the probation machinery of the court ex- erts itself through an employment agency of its own to get the boy a job. While working at this job, a probation officer keeps track of him for a period of one year. One night a week during that period the boy visits the officer, and once every two weeks the officer visits the boy's home. If the result has been satisfactory, at the end of the year the boy will be discharged from probation and will be well started on his way to self-respecting inde- pendence. The girls are treated much in the same way, and are subjected to constant supervision by women pro- bation officers. The treatment of the third class of cases is one of the greatest problems before the court, yet it is very encouraging that at last society is striving for a constructive solution of this problem. Heretofore, they were simply punished, and very few cases are on (5) Act June 17, 1915, P. L. 1017. 134 STATE GOVERNMENT IN PENNSYLVANIA. record where the punishment worked a reformation. Under the brief experience of the Municipal Court with its new powers, there has still been developed no treat- ment for the confirmed cases except incarceration. With the younger cases, however, much is accomplished. Where necessary, medical treatment is given. Cases of feeble-mindedness are discovered and sent to proper in- stitutions,*^ and every effort is made by the probation ofiicers to change the environment and remove the delin- quent to an atmosphere where improvement seems pos- sible. When stated in cold legal terms of jurisdiction, the creation of the Municipal Court might not seem to be of great social importance, yet when the currents of thought which caused its creation are understood and when it is realized that the court itself in its organization and prac- tice has caught the new social vision, the institution of this court may well be looked upon as marking the point of departure between the merely judicial and the con- structively social point of view of the machinery of jus- tice. The criminal jurisdiction of the Municipal Court has not yet been very much developed. It is concurrent with the older courts and has no superior facilities for the treatment of the ordinary adult criminal. The court that we have just been describing is a new- ly created one and may be considered as an embellish- ment of the judicial system, of which the main structure is the Court of Common Pleas. This court has juris- diction over every kind of civil case to an unlimited amount in value. Its territorial jurisdiction covers a judicial district. Whenever a county contains forty thousand inhabitants or more, it constitutes a judicial district by itself, but the smaller counties are grouped (6) That is, as far as is possible. The State is woefully deficient in institutions for the care of feebleminded women. THE COURTS. 135 to make up a district. Each district has at least one judge and the larger districts have more, according to the press of business and the generosity of the Legisla- ture. When counties are large enough to constitute a sepa- rate district the judges must be learned in the law — that is to say — ^must be lawyers. In the smaller counties there still lingers the quaint fossil of an ancient reform. The persistent criticism against court and laAvyers has always been that they lack common sense. Accordingly, sometime in the dim past, the idea was broached of elect- ing a layman of sound judgment to sit as associate judge and illuminate the technical opinions of the law judge with the dry light of common sense. The experiment did not commend itself in practice and the larger com- munities with real business to transact demanded trained men. The present Constitution abolished the office of associate judge except for counties so small tliat several are required to make up a judicial district. The Constitution devotes a whole section ' to the or- ganization of the courts of common pleas of Philadel- phia and Allegheny Counties as distinguished from the other judicial districts of the State. As originally adopted, Philadelphia was provided with four distinct and separate courts of common pleas of equal and co- ordinate jurisdiction. Each court had three judges. Al- legheny was likewise provided with two separate and distinct courts of common pleas, also with three judges apiece. Provision was made for increasing the number of courts and the number of judges by the Legislature. Such increase was made from time to time, until Phila- delphia came to have five separate courts of common pleas of three judges each, and Allegheny County four such courts. It has long been recognized that the sepa- ration of these courts from one another instead of pro- (7) Art. V, Sec. 6. 136 STATE GOVERNMENT IN PENNSYLVANIA. viding for a single court, with as many judges as neces- sary, was a mistake. Again it was the western part of the State which secured a reformation first, and on November 7, 1911, an amendment was adopted to the section just mentioned providing for the merging of the several courts of common pleas in Al- legheny County into one. An effort was made in the session of 1913 to merge the Philadelphia courts by a statute.^ This was promptly declared unconstitutional.^ Since then Philadelphia County has made little effort to secure the necessary constitutional amendment to place it on a par with Allegheny County. The criminal law is administered in two separate courts, known as '^ Courts of Oyer and Terminer" and ''Courts of Quarter Sessions of the Peace and General Jail Delivery." These courts differ from each other in certain technical respects not necessary of treatment in a sketch so general as this, but the judges are the same men in each, and the same men elected judges of the Common Pleas, nor is there any separation of the ma- chinery of the courts of Oyer and Terminer from the courts of Quarter Sessions. Although the judges who sit in the criminal courts are, as a matter of fact, the com- mon pleas judges, the criminal courts have a set of ma- chinery separate from the common pleas courts. The latter courts have a clerk who is called the Prothonotary and is appointed by the judges, while the clerk of the criminal court is called the Clerk of Quarter Sessions and is elected by the people. While it is possible that in the dim past there might have been a time when the people thought they needed the protection of an elected official to see that no savage judge tampered with the records, at present it is hard to see the reason for en- (8) Act June 11, 1913, P. L. 469. (9) Bachman vs. McMichael, 242 Pa. 482. THE COURTS. 137 cumbering the ballot with the election of a clerk of quar- ter sessions. The great historic division of the civil courts of Eng- land into law courts and chancery courts has never been followed in Pennsylvania. This is probably owing to the fact that the Chancery Court, or Court of Equity, was very unpopular at the time when Pennsylvania's system w^as fonning. The Court of Chancery in Eng- land originated in an attempt to provide for justice in cases where the law courts could not or would not give it. Pennsylvania's early theory was to make a law court so excellent that there would be no need for a Chancery Court. Accordingly all equitable principles were to be worked out through common law forms. Unfortunately for this scheme the chancery procedure was really the best, and, therefore, was the heir to the future. Chan- cery powers have been steadily added to the courts of Common Pleas until now they are practically full fledged Chancery Courts as well as courts of Common Law, and the general trend in the evolution of practice is towards approximation of the general methods of chancery. Up until the time of the present Constitution the judges of the Common Pleas held also the Orphans' Court, and in the smaller counties they do so still. But as with the growtli of wealth, the work of caring judici- ally for the estates of the deceased became very great in the centres of population, it was provided that in counties of more than one liundred and fifty thousand in- habitants a separate court should be erected with its own judge or judges, to have nothing but Orphans' Court jurisdiction. Where the work is specially hea\y, more than one Orphans' Court judge is provided. Philadel- phia County now has five, and Allegheny County has three. The court of last resort in Pennsylvania is the Su- preme Court, consisting of seven judges elected by the 138 STATE GOVERNMENT IN PENNSYLVANIA. people of the whole State. They serve for twenty-one years and may not be re-elected. The judge oldest in point of service becomes the chief justice, so each judge on this bench has a chance of holding the highest judicial position of the State. The organization of the Supreme Court of Pennsylvania in this respect differs from the Supreme Court of the United States, whose justices are appointed by the President and the chief justice ap- pointed specifically to that office. In the high court of the nation mere longevity raises no claim to the chief justiceship, though conspicuous service as associate jus- tice may lead to that advancement, as is signally illus- trated in the case of the present incumbent. In the early history of the State, the judges of the Supreme Court were accustomed to go about in judicial districts and actually try the cases in the first instance. Under the present Constitution the Supreme Court judges do not do this, but are confined almost entirely to appellate work.^^ However, the court does not always sit in the same place, but alternates between Harrisburg, Philadelphia and Pittsburgh. For the purpose of bring- ing appeals the State is divided into three districts, of which the cities just mentioned are the respective judicial capitals. That malady so common to courts, congested dockets, has not spared the Supreme Court in the past. At length the trouble became so acute that the Legislature set out to find a remedy. It might have been provided that the number of judges should be increased, but the Legislature chose the method of erecting another Ap- (10) The Supreme Coui't has original jurisdiction in cases of injunction where a corporation is a party defendent, of habeas corpus, of mandamus to courts of inferior jurisdiction, and of quo warranto as to all oflficers of the Commonwealth whose jurisdiction extends over the state, but such cases make up a very small part of the business of the Court. Const. Art., Sec. 3. THE COURTS. 139 pellate Court to have jurisdiction over cases of less im- portance. This was called the Superior Court. It is the court of last resort for all cases that come within the scope of its jurisdiction unless the Supreme Court es- pecially allows appeals, in which case the matter goes from the Superior Court to the Supreme Court. Although a reading of the Constitution would show that our judges are elected, yet the observer of affairs realizes that we have all but an aj^pointive judiciary, for the custom has grown fixed, especially in the large cities, of re-electing faithful judges irrespective of their politi- cal affiliation, and since the Governor is charged with filling vacancies when these occur on the bench, it is usually these ad interim appointed judges who become the elected judges to serve term after terai. The elec- tion laws of the State, as will be described in the proper chapter, have also been modified to further the idea of an absolutely non-partisan judiciary. Since obedience to law is the cement which holds together the structure of society, Pennsylvania may well think herself fortu- nate that the character and ability of her judges has averaged so high. CHAPTER XII. DIVISIONS OF THE STATE. EVERY citizen understands that besides the State itself, the authority of whose officers extends into every corner of the Commonwealth, there exists a considerable number of local governing bodies with vary- ing power and responsibility. These are apt to be con- sidered in a vague sort of a way as all parts of '*the government" and all of the same nature, but they are no more of the same nature than the potter and his clay. Sovereignty resides in the State ; the city and the county are but the instruments of the State whereby it effects its purposes of local government. The local bodies can do nothing unless some authorization from the State can be found. The difference between the State and the city, for example, is aptly illustrated by the difference be- tween the two classes of instruments through which they express their will. The State through its Legislature enacts a statute, the city through its councils adopts an ordinance. If the State desires to punish violations of its statutes, it may make such violations a misdemeanor, so that the machinery of the criminal law may be invoked against the offender. All that the city can do, however, is to assess a sum of money in the nature of a fine against anyone who violates the ordinance. The violation, how- ever, is not a misdemeanor and cannot be punished as a crime. Such a fine is merely a debt due the city, and must be collected as other debts are collected. If the city feels that this method of enforcing its ordinances is not sufficiently powerful, the only way in which the matter can be mended is for the city to prevail upon the State to pass a statute covering the matter in question. 140 DIVISIONS OF THE STATE. 141 A good illustration of this is the law against spitting. There had long been various ordinances and local regu- lations against spitting/ but the terrors of the h)cal ordi- nances had not been sufficient to ensure their enforce- ment, consequently a State law was passed forbidding spitting in public," and now the local Boards of Health are better sustained in this respect. The various local governing bodies are called munici- pal corporations. They differ greatly among themselves in the degree in which they are organized, and the im- portance of their functions. Tlie nature of a municipal corporation can be understood by comparison with the ordinary business corporation. Both are artificial per- sonalities which draw their breath of life from the State. The powers of both are absolutely dependent upon the powers given them by the State. The business corpora- tion is organized for the purpose of making money or for effecting some private charitable purpose; while the municipal corporation is organized to make the living together of numbers of people more comfortable. The private business corporation is comparatively a modern invention, and arose from the necessity of aggregating the capital of a number of adventurers in some enter- prise which was too costly for any one person to carry alone. The origin of the municipal corporation is lost in the mists of antiquity. We know that the early states of Greece were simply cities with a small section of coun- try immediately surrounding them. We know that the whole Roman Empire sprang from the city on the seven hills. In the turbulent times of the Middle Ages, many localities, previously not incorporated, extracted char- ters from the local feudal magnate, whatever his name might be, and became cities. Some of them owed no al- legiance to any ov(M-lord and were known as free cities. (1) Ordinance Marcli 0. 1903, page 34. (2) Act May 11, 1909, P. L. 516. 142 STATE GOVERNMENT IN PENNSYLVANIA. These municipalities played an important part in the de- velopment of European history. If a city claims the right of existence through a sovereignty inherent in it- self, it must be looked upon as a small state, but when it depends upon a charter of right and immunity from some sovereign body it is a municipal corporation.-^ The term municipal corporation refers by no means to cities alone. The State has many different kinds of purposes for local government, and, therefore, needs many agents. Some of these agents have more complex work to do than others, and so need greater and more far-reaching powers. It may be said in general that, as would naturally be expected to be the case, wherever the population is larger, the duties and powers of the munic- ipal corporation will be greater. The various kinds of municipal corporations in Penn- sylvania are as follows : Counties, Cities of the First Class, Cities of the Second Class, Cities of the Third Class, Boroughs, Incorporated towns, Townships of the First Class, Townships of the Second Class, Poor districts, School districts. (3) "A corporation is a legal institution, devised to confer upon the individuals of which it is composed powers^, privileges, and immun- ities which they would not otherwise possess, the most important of which are continuous legal identity or unity, and perpetual or indefinite succession under the corporate name, not with successive changes, by death or otherwise, in the corporators or members." Commentaries on the Law of Municipal Corporations. By John F. Dillon, LL. D., Fifth edition, Boston, 1911, p. 57. "A municipal corporation, in its strict and proper sense, is the body politic and corporate constituted by the incorporation of the inhabitants of a city or town for the purpose of local government thereof. Municipal corporations as they exist in this country are bodies politic and coii>orate of the general character above described, established by law partly as an agency of the state to assist in the DIVISIONS OF THE STATE. 143 Of each of these we must say a few words in turn, })iit first it will be necessary to explain in wliat way they are distributed throughout the State and how they fit into each other to make the com])lete Commonwealth. Several of these municipal corporations exist in tlie same place at the same time, while others are mutually ex- clusive. It may make the comprehension of their geo- graphical relationsliips easier if we cast our description into visual form. Imagine a map of the State, perfectly white. This will represent the all pervasive sway of the Commonwealth reaching eveiy corner of the State ir- respective of what other governmental unit may exist in any part of it. Then if we draw in the counties, sixty- seven of them, we shall see that there is no point which is not comprised within the boundaries of some county. Then we should paint in the cities, representing them by points of brilliant color. In the single case of Philadel- phia we should notice that the city occupies the entire territory of the county, but in the case of all other cities we should find them entirely within the borders of some county and leaving considerable territory in the county not within the bounds of the city. After this we should indicate upon the map the boroughs and incorpoi-ated towns. Then, filling in the State around the cities, bor- oughs and incorporated towns, and completely covering the remainder of the State, come the townships. By this time it will be observed that every citizen is buried under a triple layer of government, State, county and municipal, but more is to come. Tlie fourth layer is com- posed of poor districts which in the aggregate cover the State. A fifth layer is composed of school districts. Strictly speaking the poor districts do not cover the State, for their functions are in places taken over ))y eh-il ijoveniuient of the country, but chiefly to regulate and administer the hical or internal affairs of the city, town or district which is in- corp>orated." ibid p. 58. 144 STATE GOVERNMENT IN PENNSYLVANIA. other local units, usually cities, though for practical pur- poses every person is in some poor district. It is evi- dent now that each citizen is subject to five different kinds of governmental units, the State, the county, the municipality, the school district and the poor district. Each of these can tax him. It is no wonder that we some- times think our government is complex. It is clear,- how- ever, that if we are to be practical in our citizenship we must have a fairly sharp idea of the powers and duties of the various units of which the government is com- posed. There is a class of divisions of the State which are sometimes confused with municipal corporations, but which are in reality of a very distinct nature. These divisions are not corporations at all, that is to say, they have no legal personality but are simply places, geo- graphical localities, ordinarily delineated to simplify some governmental function. Nearly every administra- tive department of the government divides the territory under its control in a way that will best suit its purposes. As illustrations of these geographical districts we have congressional districts. State senatorial districts. State representative districts, judicial districts, election dis- tricts, and, within the city, we have such districts as wards, police districts, fire district's and any number of other districts created by the local administrative de- partments. It is necessary for a practical citizen to fa- miliarize himself with every kind of geographical district in which he lives, for his activity will be affected in some way by each, but it is impossible in a book of the general scope of this to enumerate them. We desire here simply to emphasize the radical nature of the difference between the geographical district and the municipal corporation. Without an understanding of this distinction it will be difficult to comprehend the needs of the municipal cor- porations and the legislation necessary to supply them. We shall now take up the various municipal corpora- tions, beginning with the county. CHAPTEH XIll. COUNTIES. ONE of the first organizing acts of Penn and his first assembly was the creation of three counties, Phil- adelphia, Chester and Bucks. ^ All the rest of the counties in the State are descended from these original three by a process of budding, or fission, familiar to the biologist. The idea of the county was familiar to the colonists, as it was an English institution coming down from early times. The unity of the English nation was achieved only gradually, and the counties represent sections of the country which once enjoyed considerable independ- ence of the crown. When the authority of the king was fully established, he was represented by two chief offi- cers, the sheriif and the coroner. The Sheriff of Not- tingham, that oft foiled enemy of Eobin Hood, is per- haps the most popularly known of early sheriffs. The name of the coroner is indicative of his relation to the king, for coroner is from the Latin word meaning a crown, and anciently the name was sometimes corrupted to **crowner" as may be seen by the usage of Shakes- peare: First Clown : Is she to be buried in Christian Burial, that wilfully seekes her own salvation? Second Clown : I tell thee she is, and therefore make her grave straight; the crowner hath sat on her and finds it Christian burial. - In Pennsylvania the functions of the county have undergone little cliano'e since the founding of the State. (1) A. D. 1682. See Votes of the Assembly. Vol I. (2) Hamkt. Act V. Scene 1. 145 10 146 STATE GOVERNMENT IN PENNSYLVANIA. As these duties are almost entirely of an administrative nature, but a very simple organization is required. We have shown previously that the judicial system is a State affair, and in the relation of the judicial system to the county we have a clear example of the way in which the State uses the local municipal corporations for the pur- pose of effecting its own ends. The sheriff, as of old, is the chief officer of the county, and he is the arm of the court. He, in person or through his deputies, serves the processes and executes the decrees of the court. He is the keeper of the county jail and, until recently,^ he dropped the trap that swung the condemned into eternity. The coroner's function is now no more than to make a preliminary investigation in all cases of death where a physician's certificate of cause is not available, or where there seems any reason to suspect a crime in con- nection with the death. He can bind any suspected per- son over for court, but has little power else. If for any reason a sheriff is disqualified to act, the coroner tem- porarily performs his functions. Other county officers directly connected with the ad- ministration of justice are the District Attorney, who is the representative of the Commonwealth in criminal mat- ters; the Prothonotary, who is the clerk of the Courts of Common Pleas (also in Philadelphia of the Municipal Court and in Allegheny County of the County Court) ; the "Register of Wills, who besides his duty of register- ing wills, granting letters of administration, etc., is clerk of the Orphans' Court; the clerk of Quarter Sessions, who is the clerk of the Criminal Court. The duties of the several officers just described illustrate clearly how the State works through the county, but other aspects (3) Hanging was abolished and electrocution substituted, to be carried out at the State penitentiary near Bellefonte, by Act June 19, 1913, P. L. 528. COUNTIES. 147 of a county illustrate its nature as a local administrative unit. The executive officers of a county are the County Commissioners, of whom there are three, elected for four years. The counties do not have any distinctive legis- lative machinery, since so little of their work could be called legislative that there is no use for a legislative branch. In the provisions for the election of County Commis- sioners, we have one of the clearest illustrations of the theory of government known as minority representation, which was incorporated as an experiment into the pres- ent Constitution, It was believed that if a member of a minority party were always to sit upon every board or other governing body consisting of more than one member, an effective check would be provided against the use of power for party or other selfish purpose. The technical way in which this minority representation is secured is by providing that no voter shall vote for the complete number of officers to be elected. For instance, in the case of the three County Commissioners, no one can vote for more than two. Thus, the majority party will elect two members of the board and the party next in strength will elect one member. This method is also in use in the election of magistrates, where each voter can vote for only two-thirds of the total number to be elected. The same idea appears in other parts of our electoral system. It would, perhaps, be saying too much to assert that minority representation has never done any good. No doubt there have been times when the minority member was an efficient check upon the majority, but there has been a curious reaction which could not have been fore- seen by those who urged upon the constitutional conven- tion the adoption of the idea of minority representation. In this State the usual minority party had for a long period given over the hope of becoming itself the major- 148 STATE GOVEKNMENT IN PENNSYLVANIA. ity party, and, therefore, had learned to expect no plums except the offices which come to it by virtue of the princi- ple of minority representation. Since the majority party has so many votes to spare, it had no difficulty in a case, for instance, such as the election of County Commission- ers, in sparing enough votes to determine which of the three candidates of the minority party should be suc- cessful in securing the one position open to them. In this way it obtained practical control of the minority offices also. So leaders grew up in the minority party who owed their strength to the votes cast in their inter- est by the majority party and, while their nominal al- legiance was to the minority party, their actual allegi- ance was to those to wlioiii tliey owed their power. Thus minority representation, which was intended to elevate the conduct of public office, resulted in the degradation of minority parties and in the creation of the system of bipartisan bossism which is so disastrous to free govern- ment. The success of the Democratic party in the elec- tions of 1912 and 1916 has changed these conditions to a considerable degree by encouraging the hope that the Republican majority might be upset. The work of the County Commissioners which im- poses the greatest amount of detail is in connection with the elections, which are organized on a county basis. The County Commissioners prepare and distribute the bal- lots and other election paraphernalia, issue watcher's certificates and, in the case of the primary election, com- pute the results of the returns made by the election officers. The County Treasurer is the fiscal officer of the county. His accounts are audited, in the case of the smaller counties, by three auditors, and in the larger counties, by a comptroller. The chief difference between these two sets of offices is that the auditors meet once a year after the work has been done and ask the question. COUNTIES. 149 **Wliat are we going to do about it?" while the comp- troller is at work all the time and may stop a wrong ex- penditure before it is made. Counties also have a number of powers and duties which are very similar to those performed by other kinds of municipal coi'porations. They build and maintain public buildings, usually the court house and jail, build and repair roads and bridges, as well as perform a num- ber of minor activities. In order to enable them to carry out their powers they have the right to tax and also to borrow money and issue bonds. Philadelphia County has been so absorbed and overwhelmed by its more active associate, the city, that it is sometimes hard to recognize the functions of the county. For example, Philadelphia County neither taxes nor borrows money, but is entirely pro^dded for by the city. It is not for that reason any less a county, and if in the future any good reason should appear why it should perform these functions, it would be easy for the Legislature to give it the requisite author- ity. CHAPTER XIV. CITIES. UP from the Gulf one day in September, 1900, sprang a hurricane and wreaked its fury on the unoffending city of Galveston. Death and de- struction followed in its wake, yet it brought a great benefaction to the country. Truly ''out of the eater came forth meat, and out of the strong came forth sweet- ness." The shock of the Galveston disaster was the motive power for the introduction of modern forms of city government. A decade and a half later a second furious outburst of nature beat at the gates of Galves- ton, but there stood the mighty concrete wall, the product of Galveston's former experience worked out by its re- created government. The city still endures as founded upon a rock. The immediate success in Galveston of its commis- sion form of government caused the introduction into many other cities, not only in Texas but throughout the whole United States, of a similar system. The essential characteristics of the commission form of government have been described by a recent writer as follows:^ (I.) The small number of officers constituting the governing body. (11.) Their election by the whole body of voters, instead of by wards, (m.) The exercise of administrative oversight and broad ap- pointing power, as well as legislative authority by the board; (IV.) The assignment of each commissioner to be the head of a definite department, for the conduct of which he is re- sponsible to the commission and to the people; and (V.) The "checks" designed to assure direct popular control. (1) Ernest S. Bradford, Ph. D., Commission (xovemment in American Cities, New York, The MacMillan Company, 1911, p. 129. 150 CITIES. 151 These "checks" may be few or many, ran^ng from the simple publicity in the Galveston plan, and a referendum on bond issues only, already provided by state law ; to the refei'endum on all ordinances, the initiative, n-call. non- partisan primaries and elections, a civil service commission, and various specific prohibitions as in the more recent charters of Des Moines, and other municipalities. It is very interesting to note that as Pennsylvania comes to alter the charters of her various classes of cities she gradually introduces more and more of the fundamental principles of the commission form of gov- ernment. The cities of the first class have the oldest form of government. Their charter long antedates the experience of Galveston, and none of the ideas worked out there can be found in it. The govern- ment of cities of the second class was radically altered in 1911 and shows very distinctly the commission idea in the single small council. It was the desire of those who urged the change that all of the other features of the commission form of government should be included, but Pennsylvania's conservatism prevented that. As a step in advance, however, the small council in cities of the second class is interesting and useful. Cities of the third class have been reconstructed by very recent legislation and here we find an almost complete exemplification of the commission form of government. In describing these various classes of cities we will follow the chronological order and describe the oldest and worst first, progress- ing towards the light in cities of the second class and finally emerging in the blaze of day when describing cities of the third class. Thus we can close the discus- sion with a feeling akin to exhilaration, for nothing en- courages hope like a feeling that we are pointed in the right direction. No serious effort seems to have been made in this State to go the whole way and introduce the city manager plan, which is an improvement on the commission plan for the same reasons that the commis- 152 STATE GOVERNMENT IN PENNSYLVANIA. sion plan is an improvement over the large councils sys- tem. However, an interesting beginning has been made in the case of boroughs, whose councils are empowered to create the office of Borough Manager.^ Students of American government have long recog- nized that the cities are the weakest spots in our govern- mental system. Various reasons can be advanced for our failure to achieve success in this particular line of governmental activity. Without question our unintelli- gent habit of governing cities by means of parties based on national issues has a good deal to do with it. In the course of time, as the political education of the peo- ple advances, we shall doubtless get away from this diffi- culty, but there is an important obstacle to efficient mu- nicipal government which is not a matter of ingrained political habit, and which can be cured by mere statu- tory and constitutional changes. And just because this obstacle can be overcome with such comparative ease, it is all the more necessary that it should be thoroughly understood. This obstacle is the deep seated misconcep- tion of the nature of a city and of the powers which it needs for the proper discharge of its functions. Like many other misconceptions it is not even self -consistent. On one side the false analogy is formed between the gov- ernment of the cities and of the State. Consequently, we find the government provided for the cities elabor- ately imitating the State government, with legislative and executive branches, bills on first, second and third reading, vetoes, messages from the executive to the legis- lative branch, and many other pieces of machinery which are thoroughly in place in the government of a mighty Commonwealth, but entirely out of place in the adminis- tration of a municipality. The second branch of the mis- conception seems strangely contradictory to the first. Notwithstanding the fact that the city is supposed to (2) Act June 23, 1917, P. L. CITIES. 153 resemble a State closely, it is rigidly circuiiiscribcd in action. The State in a niggardly way doles out to its cities a very restricted corporate power, and frequently great campaigns have to be waged in order to convince members of the Legislature who come from country dis- tricts and have little interest in city affairs, of the advis- ability of certain local regulations. It is true that Penn- sylvania in this respect is by no means as badly off as many other States, and it is also true that there has l)een a constant tendency towards municipal home rule, ])ut the goal is still very far off.'' As a matter of fact, cities are but corporations, and the same general principles of administration which have been found successful in great business corporations of the country are equally applicable to the government of cities. They may be summed up briefly as follows : That the actual administrative work should be done by ex- perts ; that responsibility should be concentrated and ac- companied with adequate power; and that the general direction of policy should be in the hands of a small board elected by the people interested. These principles are aimed at in the commission form of government and best secured in the form providing for a small council and a city manager. Before beginning a description of the various kinds of cities, it will be worth while to say a word about the reason for the classification of cities, and the basis upon which it is made. The Constitution forbids the passage of local or special legislation governing the affairs of cities,^ but it was soon found that the needs of the dif- ferent cities were so different that the greatest hard- (3) For instance, when a city wants to do so natural a municipal act as to ^ive money to a historical association, or provide music for its citizens, it must get jmwer from the legislature. Act March 31, 1915, P. L. 36. Act April 5. 1017. P. L. (4) Const. Art. Til, Sec. 5. 154 STATE GOVERNMENT IN PENNSYLVANIA. ship would be entailed if none but laws of general ap- plication could be passed. Consequently the Legislature adopted the scheme of separating the cities into classes and legislating for them by passing laws applicable to a whole class. If it should so happen that there was but a single city in a class, legislation, although general in theory, would be for all practical purposes special and local for that city. The first classification act ^ divided the cities into three classes, and was held to be constitutional,^ but later when the Legislature tried to carry the scheme further and divide the cities into seven classes, the Su- preme Court called a halt.' The classification act now in force ^ divides the cities into three classes, as follow^s : Those containing a population of one million or over constitute the first class ; Those containing a population of one hundred thou- sand and under one million constitute the second class ; Those containing a population under one hundred thousand constitute the third class. Wordsworth's little girl who, though alone, insisted, ''We are seven," is suggestive of the situation of Phila- delphia, which is ''Cities of the first class." In the sec- ond class matters are not much better, as this contains but the two cities of Pittsburgh and Scranton. Origi- nally there w^ere three, but when Pittsburgh swallowed up Allegheny, the number was reduced by one-third. Even the «mall number of two cities in a class is sufficient to illustrate the difficulty of general legislation, for Pittsburgh is continually demanding and getting legis- (5) Act of May 23, 1874, P. L. 230. (6) Wheeler vs. Philadelphia, 77, Pa. 338. (7) Act April 11, 1876, P. L. 20. Act May 24, 1887, P. L. 204. Ayar's Appeal, 122, Pa. 266. Kuan Street, 132, Pa. 257. King vs. Philadelphia Co. 154, Pa. 160. (8) Act June 25, 1895, P. L. 275. CITIES. 155 lation which is useful to it but proves a burden to the much smaller city of Scranton. Dropping the cumbrous title of cities of the first class, we shall now proceed to give a brief description of the government of Philadelphia. CHAPTEE XV. CITIES OF THE FIEST CLASS. JF we were to make an inquiry for the charter of the city of Philadelphia w^e would not find any single document that corresponds to that name. When Penn founded the city he gave it several charters in suc- cession, and those documents carry out all the popular ideas of a charter ; but since then there has been a great mass of legislation moulding the form of the government of the city of Philadelphia, and it is all this taken to- gether which is meant when we speak of its charter. The bulk of this legislation is comprised in what is known as the Bullitt Act,^ named after the illustrious lawyer who framed it. There is no question at all but that the Bullitt Act was a great step in advance over the dis- jointed and heterogeneous form of government under which Philadelphia had previously suffered, but it is one of the most perfect examples on record of that mis- conception of which we have already spoken which con- siders a city as parallel in form of government with a State. It provides a Common and Select branch of Councils, elegantly imitating the House of Representa- tives and the Senate, and the imitation of the United States Senate by Select Council is carried far enough to copy even the unequal method of representation, for while members of Common Council are apportioned ac- cording to population, the members of Select Council are distributed one to each ward, notwithstanding the fact that one w^ard may be fifteen times as large as an- other. This unequal representation which originated as a practical compromise between the large and small (1) Act June 1, 1885, P. L. 37. 156 CITIES OF THE FIRST CLASS. 157 States in the formation of the national ^-ovornnient has trickled down into the government of Philadelphia. The Governor, or President, is closely paralleled by the May- or, who has similar powers of veto and is ecjually cut off from effective co-operation with the legislative branch of government. Councils practically originate nothing, as all the skilled work is done by the various heads of departments, but, as nearly every act of the city requires the passage of an ordinance, councils are continually in a position in which they are able to obstruct anything they do not like. The number of members is so large that it is difficult to fix responsibility upon any particular member. Thus we have the unfortunate situation of al- most unlimited power coupled with no responsibility. Unless Councils and the Mayor agree as to the best in- terests of the city, nothing can be done, since neither has power enough to do anything alone. Members can- not be made to feel any general responsibility and, on account of pressure from local constituents, there is a constant tendency for Councils to degenerate into a body of log rollers, each member in a scramble to see what he can get for his own ward. As a matter of fact almost all the work of ruling the city is purely administrative in its nature, and does not require the services of a man with a commission direct from the. people. A great mass of councilmanic work consists in opening streets, pro- viding for sewers and in work of a similar nature which must be done with an eye to the benefit of the city as a whole. A newly elected member of the Board of Direc- tors of the Pennsylvania Railroad would find the board occupied in discussing the policies of the company, and he would be considerably amazed should the same body of men turn their attention to deciding the exact loca- tion of each semaphore, but members of council are ex- pected to take a benevolent interest in the placing of each lamp post. 158 STATE GOVERNMENT IN PENNSYLVANIA. The legislative branch of the Philadelphia city gov- ernment consist's of two chambers, Select and Common Council, and procedure in these bodies must be as formal as in the Legislature of the State itself. - Representa- tion in Common Council is based upon the population of the various wards, each 4,000 names upon the assessors^ list giving right to one member. Select Council is made up of one representative from each ward, and like the Senate, has the right to advise the Mayor on the ap- pointment of any of the heads of departments and to give or withhold consent. In one respect there is an interesting variation between Councils and its models, the State and national Legislatures. There is no official to represent the Vice-President or the Lieutenant Gover- nor, no vice or assistant Mayor. Beyond this it is diffi- cult to discover any respect in which the city government does not imitate, or at least try to imitate, that of the State and nation. As we have already described at con- siderable length the Legislature of the State, we may dismiss the Councils of Philadelphia by saying that they are close imitations, but that they have less importance as they have not the broad range of vital questions to consider which come before the State Legislature. In the executive department also the city government is closely imitative of the State government, but we can- not dismiss it in the same way as we have Councils since, as a matter of fact, the work of a city is usually very dif- ferent from that of the State and requires different (2) "No ordinance shall be passed through Councils except by bill. No bill shall be so altered or amended on its passage through either branch as to change its original purpose. No bill shall be con- sidered unless referred to a committee, returned therefrom and printed for the use of members, and no bill shall be passed containing any- more than one subject which shall be clearly expressed in its title." Act May 23, 1874, P. L. 230, Sec. 3. Sec. 4 of the same Act contains more provisions of the same nature, all of them evidently copied from the constitutional provisions- governing the legislature or from the rules of that body. CITIES OF THE FIRST CLASS. 159 officers to carry it on. If the imitation had been complete we should probably have had a Secretary of the City, Secretary of Internal Affairs, Secretary of Agricul- ture, etc.'' Instead of this the executive work of the city is i)ar- celled out among eleven executive departments. The heads of these departments correspond closely to cabinet offi- cers and are required to meet with the Mayor once every month. The departments are as follows : Department of Public Safety, Department of Public Works, Department of Receiver of Taxes, Department of City Treasurer, Department of City Controller, Department of Law, Department of Supplies, Department of Public Health and Charities, Department of Wharves, Docks and Ferries, Department of City Transit. Sinking Fund Commission. The Department of Public Safety manages tlie most obvious part of the city government, for it controls the most visible of the city employees, police and firemen, al- though policing and fire qneiiching do not exhaust its activities. Its work is divided among seven bureaus, viz.: Police, fire, electrical, building inspection, boiler inspection, correction and elevator inspection. Next in point of general interest comes the Depart- ment of Public Works. This also is organized by bureaus. The Bureau of City Property has charge of the immense amount of real estate owned by the cit}'' it- self, City Hall, Independence Hall and numerous mar- kets, parks and squares. The Bureau of Highways only lays down and repairs streets and roads, and the Bureau of Street Cleaning keeps them clean and removes ashes (3) The Secretary of Agriculture would not be so absurd, since in value of agricultural produce the County of Philadelphia compares, well with any other County. See various reports of the Secretary of Agriculture of Pennsylvania. 160 STATE GOVEKNMENT IN PENNSYLVANIA. and domestic waste. In the most literal sense this bureau comes home to the householder, and much of his idea of municipal efficiency is based on what he sees of its activity. The Bureau of Gas has charge of the techni- cal side of watching over the city's interests in the mat- ter of the gas works which belong to it and which are now leased to the United Gas Improvement Company. The Bureau of Lighting attends to the street lights. The Bureau of Surveys has charge of the city plan. It is seldom recognized what an enormous amount of survey- ing work is involved in laying out and grading the streets, building sewers and giving property lines to real estate owners. This bureau is little before the public, but the city would soon be in a fearful snarl without it. Probably the most vital and constant necessity of the people is the water supply. The provision for this is under the charge of the Bureau of Water. The pumping and purification of sufficient water for the city of Phila- delphia is a great manufacturing business and calls for the highest skill as well as the most unremitting atten- tion, since accidents are likely to happen at any time and some quiet street corner be transformed in an instant into a geyser rivalling Old Faithful. Philadelphia is an enormous buyer of material, but for many years was not able to enjoy to the fullest ex- tent the economy that may be obtained by purchasing in bulk. Until comparatively recently every department purchased its own material, but since the establishment of the Department of Supplies ^ most of the purchases of the city are made by it. There can be no doubt that an appreciable saving has been made in this way. The growing realization of the responsibility of the government for the health of the citizens which resulted in the State in the creation of the Department of Health, is represented in the city by the Department of Public (4) Act April 4, 1903, P. L. 153. CITIES OF THE FIRST CLASS. 161 Health and Charities. This department comprises two bureaus, that of Health and that of Charities, corres- ponding to the two branches of its activities. The city of Philadelphia, as well as the State of Penn- sylvania, has been very slow in awakening to the value of the situation of Philadelphia as a seaport. For a long time the fact that almost all the water front was con- trolled by property owners, chief of whom were the rail- roads, prevented the city from developing adequate wharfage facilities. By the creation of the Department of Wharves, Docks and Ferries and the clothing of the city with the right of eminent domain over water front property, it is rapidly acquiring a system of modern wharves available for all commerce. When the extensive system of w^harves and docks now under w^ay is com- pleted, Philadelphia as a seaport wdll bear comparison with any other in the world. The baby among the departments is the Department of City Transit. Philadelphia has lagged far behind the other big cities in the matter of adequate transit facili- ties and city regulation of the companies supplying this service. It has long been apparent that something must be done, and a wise beginning was made Avhen the Legis- lature ^ equipped the city with a full department for the sole purpose of handling the question from the city's point of view. Already a comprehensive system of un- derground and overhead rapid transit is under construc- tion, and eventually the city will be bound together in all its parts by cheap and swift means of comnumication, and there will follow an expansion of the city whicli will forever confirm its proud boast to be the City of Homes. Of the Departments of Receiver of Taxes, of City Treasurer and of City Controller it is not necessai-y to speak at length, as tlioir mere names indicate sufficiently (sTAct May 9, 1913, P. L. 188. 11 162 STATE GOVERNMENT IN PENNSYLVANIA. the scope of their duties, but one peculiar fact about the City Treasurer and City Controller should be mentioned. They are called the City Treasurer and City Controller. They are made heads of the Departments of City Treas- urer and City Controller by the Bullitt Act, and yet they are not city officers, but officers of the County of Phila- delphia.^ The analogy between a city and a State breaks down again when we begin to look for a judicial department in the city. Since the city is not a State, it can have no real judicial department, but the Department of Law carries out as far as possible the idea of a judiciary. Pri- marily, the City Solicitor is the city's attorney, repre- senting it and each of its departments. Consequently his opinion has all the force of law unless overruled by an actual judicial decision. The Sinking Fund Commission has charge of the funds set aside to meet the city bonds at maturity. Having mentioned the departments, we must say something about several city activities which do not come under any of them. A recent addition to the functions of the city is the Art Jury." This is the bulwark of the city against bad art. Official art has never been held in very high esteem, but in the past not much else could have been expected, for those in charge of the execution of public works were usually chosen for other capabilities than sensitiveness to esthetic impressions. Still, if the city selects unesthetic administrators, it might be said that it should abide by the result, but liow could it protect itself against the dying collector? Since the creation of the Art Jury no work of art can become the property of the city by purchase, gift or otherwise, without its design and its proposed location having received the (6) Boniiell vs. Philadelphia, 48 Pa. Supr. Ct. 456. Tag-oart w Com. 102 Pa. 354. (7) Act May 25, 1907, P. L. 249. CITIES OF THE FIRST CLASS. 163 stamp of approval of the Art Jury. As membership in the Art Jury carries with it no emoluments, it is hoped that the bread-and-butter brigade can be made to observe its distance. A minor activity of the city, yet one which is clearly indicative of the increasing care of the city for the com- fort and happiness of its citizens is tlie Board of Recre- ation.'^ This Board is composed of the Mayor, Director of Public Health and Charities and five citizens. It has charge of the city 's playgrounds, recreation centres, pub- lic baths, and similar matters. There is one branch of the city's government that needs sympathetic description because it is the least understood yet the most blamed, tlie Civil Service Com- mission. That an army, the armed servant of the State, can make itself master of the State was known at least as far back as the time of the Pretorian guards, and an army master has been feared by free peoples ever since. It has remained for modern times to bring to full flower a system whereby the civilian servants of the State have banded themselves together to rule it. This is the most sinister of the problems which have given rise to the need for civil service reform, although always accom- panying it is the problem, important enough in itself, of how to get for the people a fair return in industry and ability for the wages paid. It is bad enough in a free country to be ruled by any selfish combination, but there is something particularly galling in the rule of a set of men who are paid for service and protection. It is bad enough to be taxed, but to have taxes wasted in in- efficient service while the servants give their time and energy to fastening themselves and their kind continually on the taxpayer, heaps injury on in- jury. Both the evils of officeholder i*ule and (8) Act June 9, 1911, P. L. 739. Amended by Act May 3, 1917, P. L. 164 STATE GOVEKNMENT IN PENNSYLVANIA. official incompetency flow from the same weakness in our system of managing public affairs, tlie fact that the test which is applied in the selection of pub- lic servants is irrelevant to the work to be performed. Even in electing to office the motives of the voter fre- quently have little connection with the question of the fitness of the candidate for the work in hand, but in ap- pointing there has grown up in the country a thoroughly worked out method, with a philosophy of its own, known as the spoils system. This system and its battle cry is so familiar to and so heartily believed in by practical politicians that when a doubt is expressed as to its pro- priety, they feel that they have triumphantly annihilated the doubter by announcing, *'To the victors belong the spoils." The evil of this system is apparent in its name. No office could be considered in the light of spoils unless its emoluments were greater than the encumbent could command in the competitive market. A thousand dollars a year job would seem rich spoils to a man unable to earn more than two dollars a day otherwise; but a ten thousand dollar a year job would not look like spoils to a leader in the engineering profession. The spoils system confesses in its name that it proposes to fill all the offices with men below the standard set by the market of the business world. It also confesses that the way to secure office is not by fitting one 's self for it but by becoming a successful warrior. The remedy for the situation is plain. To substitute as a test for office holding something that will be rele- vant; to raise the slogan, *'To the worthy shall be given an opportunity to serve." To discover who are worthy — ah! there's the rub. To ask each applicant whether he were fit would be to rule out only the modest, a most un- fortunate discrimination. Obviously the best method is to throw the burden upon the applicant of proving that he is fit, and to make him so prove by actually doing some CITIES OF THE FIRST CLASS. 165 of the work which his position will require. Of course, if there are more applicants than places, tlie best should be chosen. To state it more concretely, the applicant should be examined as to his fitness and his examination should be strictly germane. The system which does this is called the merit system. It has the threefold advan- tage that it secures fit public servants, preserves them and the appointing officer from political pressure, and the people from machine domination. Such is the mean- ing of civil service reform. Few can now be found to dispute it theoretically. When we come into the realm of practice difficulties crop up as they are apt to do in tlie translation of any theory into actuality. The first difficulty is to secure a pure fountainhead. It is well understood that machinery alone will not se- cure a reform — there must be a good will directing it. The executive who has the task of selecting the officials, called commissioners, who have charge of the examin- nations of civil service, must desire the success of the system. Then there is the difficulty of providing an ex- amination that actually will enable the fit man to prove his fitness. Many stories are afloat as to the absurd ques- tions asked in civil ser^dce examinations. Many of these stories are easily demonstrated falsehoods, and whatever of truth there is in any of them probably represents early attempts before all the conditions of the problem were realized. Being educated men themselves, tlie commis- sioners are apt to identify too closely the answering of written questions with an examination. An ''examina- tion" is simply a looking into, and any method is to be resorted to which will have the result of revealing the desired information. The modern civil service examina- tion leaves little to be desired in this way. It is realized that the way to find out whether a man is a good cook for the public hospitals is to watch him cook and then eat the result. The laborers labor, the pavers and rammers 166 STATE GOVERNMENT IN PENNSYLVANIA. pave and ram, the carpenters work at carpentering and the civil engineers draw, figure and theorize. In all cases a definite and important weight is given to experi- ence. Considerable complaint is heard that the exami- nations can only be passed by the college bred, or young- sters just out of school, while adults taught in the school of experience have no chance. On analysis, any specific complaint of this kind will generally be found to origi- nate with an unsuccessful applicant w^ho has been sur- prised at the high order of merit the public expects under the rational system. Having felt himself equal to filling the position, since, under the old system worse men than he have filled it, he is dismayed at an examination he has not the ability to pass. But others have the ability and the service gets the benefit. A more reasonable criticism urges that there are cer- tain qualities in men too subtle to be detected by any ex- amination, which are nevertheless of the highest im- portance, such as temper and general attitude of the prospective employee, his trustworthiness and willing- ness. Every administrative officer feels instinctively that he is a judge of these things and that an examina- tion cannot discriminate as to them. The merit system admits that there is something in this idea, and provides accordingly. Instead of forcing the executive to be con- tent with the man standing highest on the list, he is per- mitted untrammeled choice among the first four. Since all have passed, the presumption is that they are fit, and it is not likely that all would lack the subtle qualifications in question. Further, positions of a specially confiden- tial nature are exempt from examination. In such case the executive officer feels a special responsibility and is trusted to make a good selection. Also in such cases the unexaminable qualifications are particularly important. But when it comes to the rank and file of the thousands of city positions it would be folly to expect that an execu- CITIES OF THE FIRST CLASS. 167 tive officer either could or would make as adequate a test of the applicant's fitness as the Civil Service Commis- sion can. Arrayed on the side of the merit system are all peo- ple disinterestedly interested in public affairs, against it are all interestedly interested. A devoted band of men of ideals, known as the Civil Service Reform Association, has kept the flame of this ideal alight. For more than a generation they have been striving to have the State follow the footsteps of the nation in adopting the merit system, but the spoilsmen are well entrenched. The association, however, did suc- ceed in connecting the merit system in the public mind with the idea of reform, and they were also ready with an extremely well worked out bill, so that when the Legis- lature sat in sackclotli and ashes in 1906 and was search- ing for reforms that it might prove the depth and reality of its penitence, the association bill was furnished to it and passed almost without change. Under the limita- tions of the call for the special session of 1906, the bill could only provide for cities of the first class. Cities of the second class have since been provided for, as well as cities of the third class to a limited degree, and the rest of the State awaits the fullness of time. Thus the Civil Service Commission with its machin- ery of examinations is now part of the government of cities of the first class. CHAPTEE XVI. CITIES OF THE SECOND CLASS. IN order to understand the government of cities of the second class it is necessary that we should delve somewhat into the mysteries of ''ripper" legislation. Personalities may be entirely disregarded. The political issues which were so dark in 1901 have now changed, but the record of the use of legislative power to serve political ends is imperishably chiseled upon the statute book. Up until the session of 1901, cities of the second class had mayors like other cities of the State, but in that year a Mayor of Pittsburgh occu- pied the office who was not pleasing to the powers in con- trol of the Legislature. As there was no means of get- ting rid of the man, the simple expedient was adopted of abolishing the office. Accordingly in that year an elabo- rate act was passed entitled, "An Act for the Govern- ment of Cities of the Second Class." ^ The real purpose of the act is apparent in its first sentence, "In cities of second class the executive power shall be vested in a city recorder, and in the departments authorized by this act. The office of mayor in said cities is hereby abolished." Twenty-seven pages later, in the first sentence of the schedule appended at the end of the act, appears the de- nouement, "Within thirty days from the approval of this act, the Governor of this Commonwealth shall, by ap- pointment, fill the office of city recorder in each of the existing cities of the second class." Thus the duly elected chief magistrates of the cities of the second class were ripped out of office and gubernatorial appointees took their places. The title of recorder must have car- (1) Act March 7, 1901, P. L. 20. 168 CITIES OF THE SECOND CLASS. 169 ried with it evil associations, for at the next session of the Legislature the name of the office was changed back to mayor.^ The disgrace of the ripper procedure could not so easily be washed away. Examining the act of 1901 merely as a piece of legis- lation and apart from its ulterior purpose, we find it pro- viding for a system of government not unlike the govern- ment of cities of the first class. The recorder, or as ho is now called mayor, has practically the same powers as the mayor in Philadelphia. The executive departments are as follows: Department of Public Safety, Department of Public Works, Department of Collector of Delinquent Taxes, Department of Assessor, Department of City Treasurer, Department of City Controller, Department of Law, Department of Charities and Correction, Sinking Fund Commission. all of which departments are sufficiently described by their names. The legislative power is vested in a select and common council, bodies with which we are already familiar in the case of cities of the first class. There is abundant difference of minor details between cities of the first and second chiss, but the framework of govern- ment as provided for in this law for cities of the second class is practically the same as in cities of the first class. With similar forms of government in eastei-n and western ends of the State, there was given an opportun- ity for a comparison of the relative political advancement of the two sections. While Philadelphia lias been con- tent to worry along under its archaic system, Pittsburgli insisted on having a more modern form of govermnent. A tremendous campaign was instituted and the Legisla- (2) Act April 23, 1903, P. L. 284. 170 STATE GOVERNMENT IN PENNSYLVANIA. ture of 1911 was prevailed upon to modify the form of govenmient of cities of the second class to include the small council." Now, instead of having councils, the legislative power of the city is vested in ''the council," which consists of not less than five members and has an additional member for each 75,000 inhabitants over 200,- 000. In order that adequate attention shall be given to their duties, the councihnen receive a salary, which shall not be less than $2,000 nor more than $6,500 a year. The powers of this council are quite extensive. They fix the salaries of all the city officials and employees who are not elected, and approve the appointment of the heads of executive departments made by the mayor. They also have the power of impeaching the heads of departments. The mayor retains the usual veto power. It will be at once recognized that this change in the law is a very timid step in the direction of the commis- sion form of government. The councilmen, although few in number, are not executive officers of the city, and for this reason bear no real relation to the commissioners under the commission form of government. The act as finally passed was but the mutilated remains of a much more extensive act which included the checks of the initi- ative, referendum and recall and other features more nearly approximating commission form of government. Nevertheless, this change is a distinct step forward and makes further improvements easier to secure than would be the case if it had never been taken. (3) Act May 31. 1911, P. L. 461. CHAPTER XVII. CITIES OF THE THIRD CLASS. THE most numerous group of cities is the third class. In a general way it may be said that all the cities in Pennsylvania, except Philadelphia, Pitts- burgh and Scranton, belong to this class. Some modifi- cation of this statement, however, must be made before it is strictly accurate, because there are a number of cities which were incorporated before the passage of the act first dividing cities into classes,^ and these were not made cities of the third class automatically, but retained their former charters until they chose to come into the class and be governed by the general laws provided in the statute regulating cities of the third class. Conse- (1) Act May 23, 1874, P. L. 230. Act May 23, 1889, P. L. 277. There, Art. XIX, p. 1, cities of the third class are defined as follows: ^'The term 'cities of the third class' shall include only. I. All cities of the proper population which have been in- coi-porated under the provision of an act of assembly, entitled, 'An Act dividino: the cities of this state into three classes, regulat- ing the passaofe of ordinances, providing for contracts for sup- plies and work for said cities, authorizing the increase of in- debtedness and the creation of a sinking fund to redeem the same, defining and providing certain offences in all of said cities and providing for the incorporation and government of the cities of the third class', approved May 23, 1874, and which may here- after be incorporated under the provisions of this act. II. All cities of the proper population which have accepted the provisions of the said act of May 23, 1874, in the manner prescribed in the fifty-seventh section thereof. m. All other cities of the proper population only from and after the date of their acceptance of the provisions of the said act of May 23, 1874, in the manner prescribed in the fifth section thereof." A definition closely similar is found in the act of June 27, 1913, P. L. 568. 171 172 STATE GOVEENMENT IN PENNSYLVANIA. quently, there are still some cities which are governed by special charters. Although no new cities can be chartered unless they have a population of at least ten thousand, cities of a less population, which were chartered prior to 1874, can ac- cept the provisions of the act and become cities of the third class. Nor is it true that all corporate communities with a population of ten thousand or over are cities of third class, because a borough does not automatically graduate into a city by attaining to the population of ten thousand. It simply achieves the right to become such if it pleases, and many of the larger boroughs prefer to retain their simpler form of organization. Thus we have the anomalous contrast of the borough of Norris- toA\Ti with a population of 27,875 and the city of Corry with a population of 5,991. Names, also, are not always enlightening, since Ellwood City is a borough, as are also Fayette City, Ford City, Forest City, Grove City, <% Tower City and Lumber City (population 363). Mahanoy City is a borough, though it has population enough to be a city (15,936). Cities of the third class have shown themselves very progressive. For a long time their officers have met in annual convention to discuss matters affecting their in- terests and from these conventions have emanated many ideas which have been adopted by the Legislature. Prior to 1913 cities of the third class were governed by machinery which was absurdly complex even for a city of the first class. All the pomp and circumstance of mayor, common and select councils, vetoes, messages and other red tape enough to tie up a nation encumbered their simple affairs. Everyone intelligently interested in the government of these cities had long realized that im- provement was necessary. The progressive Legislature of 1913 afforded the opportunity for an advance all along the line. A comprehensive bill was prepared revolution- CITIES OF THE THIRD CLASS. 173 izing the whole method of government and was finally passed, though not without difficulty and after suffering some alterations.^ The leaven of progress, having had two more years to work since the provision for cities of the second class, produced better results. The legislative power is concentrated in a council, which is composed of the mayor and four councilmen. The mayor is elected definitely to that office. The mayor is president of council, and serves four years, the council- men serving two. The mayor votes at council meetings, but cannot veto any measure adopted by the affirmative vote of a majoi-ity of all elected. That is to say, adopted by a vote of three members. Presumably if a measure were adopted by a vote of 2 to 1 (3 being a quorum), he could veto."' A correlative of concentrating all the power in a few hands is that they should give continuous attention to the work and hence should be paid. The salary is to be fixed by council itself but shall not be less than $250 nor more than $3,000 per annum. Until the salaries are changed by council, the statute fixes them at: $ 300 for cities of 15,000 and under 750 '' " " over '' " " 30.000. 2,000 " " " 30,000 " " 50,000. 2,500 " '' " 50,000 " " 70,000. 3,000 " " '' 70,000 " " 100,000. Fines may be retained for absence from council meet- ings. The salary of the mayor is fixed by council, but must be not less than $500 nor more than $3,500. Until changed by council, it is fixed at : $ 500 for cities of 15,000 or under, 1,200 " " " 15,000 to 30.000. 2,500 " " " 30,000 " 50,000. 3,000 '' '' " 50,000 '' 70.000. 3,500 '' " " 70,000 " 100.000. (2) Act June 27, 1913, P. L. 568. (3) Filling vacancies is provided for in Act April 6, 1917, P. L. 174 STATE GOVERNMENT IN PENNSYLVANIA. The executive and administrative powers are distrib- uted among five departments, each of which is headed by one of the council. Thus the power and responsibility for the administration is concentrated and the difficulty created by the attempt to model city government after the nation, with its sharp distinction between executive and legislative departments, is overcome. These departments are named as follows : Public Affairs, Accounts and Finance, Public Safety, Streets and Public Improvements, Parks and Public Pi'operty. The exact scope of each department is defined by the council and it can assign any particular duty to any de- partment. This retains flexibility. The mayor is super- intendent of public affairs. The other members of coun- cil are assigned to be superintendents of the other depart- ments as the council decides. The mayor is the chief executive magistrate of the city, and is charged with maintaining public peace. To this end he has all the power of a sheriff to suppress mobs and riots, and can close up saloons in time of threat- ened disorder. He has also within the city the criminal jurisdiction of an alderman, an officer corresponding to a magistrate in Philadelphia or justice of the peace throughout the State, as well as certain other powers be- longing to him as chief guardian of the peace. Among* other things he is authorized to solemnize marriages. He is also responsible for the city's police force. The member of council who is assigned to be superin- tendent of accounts and finance has general responsi- bility for the finances of the city, must countersign all warrants and is directed to suggest to council plans for the management and improvement of the city finances. The city treasurer is elected by council, and is the em- ployee of the city who is in direct charge of the city's CITIES OF jrHE THIRD CLASS. 175 funds. He is checked by the city controller who is en- tirely independent of council, being elected directly by the people.^ The statute is not specific concernin.o- the duties of the superintendents of the other departments, and it must be confessed that the scheme of government laid down in the act is a little vague insofar as the relation of these superintendents to the actual working employees is con- cerned and as to how far they are to be considered ex- ecutive officers rather than mere committees of one, of the legislative l)ranch. Thus there is the city solicitor, elected by council, who has general charge of the law business of the city and is not under the control of any superintendent of a department. A city engineer is to be elected by councils, and he is given extensive powers, but it does not appear that he is in any way controlled by any of the superintendents of departments. The single, small council, with administrative pow- ers is perhaps tlie most striking feature of the form of govermnent for cities of the third class, but from an- other point of view, other features of the act are more interesting. Here we have, The non-partisan ballot, The initiative, The referendum. The recall does not appear. The intrusion of these newcomers into actual govern- mental workings in conservative Pennsylvania is worthy of somewhat closer attention. Nominations for offices to be filled in cities of the third class are made by petition signed by twenty-five voters. No party designation whatever is allowed on the petition, and as many nominations can be filed as there are candidates with twenty-five supporters. (4) Act July 19, 1917, P. L. 176 STATE GOVEENMENT IN PENNSYLVANIA. The names so nominated are then printed on a sepa- rate non-partisan ballot which is given to each voter at the primary election in addition to the party ballot which he selects according to his affiliations. The candidates receiving the highest number of votes on this non-parti- san ballot, up to twice the number to be elected, become the candidates at the municipal election following. The position which the name of a candidate occu- pies upon a non-partisan ballot has been found to have a serious effect upon the result. While it undoubtedly re- flects upon the intelligence of the voters, still it is un- questionably true that the name at the top has a real advantage from that reason alone, and other names in proportion to their nearness to the top. Some rule of placing must be adopted, else this advantage would be given by favoritism. The non-partisan law by which judges and officers of cities of the second class are elected secures at least impartiality by placing the names alpha- betically. This, however, does not remove unfairness, it simply bestows the advantage on an accident of nomen- clature. Under such a system, if John Adams were run- ning against George Washington, Adams would be elected. The law under consideration governing elec- tions in cities of the third class simply robs Peter to pay Paul. For the accident of nomenclature it substitutes the purer accident of the lot. There is no more reason why a man should be elected to office because he pulls the longest straw than because his name is Aaron Aarons. Both reasons are irrelevant. The only proper method, and one which has been adopted in some States where non-partisan voting is used, is to change the position of the names on different ballots in a regular way, so that each name will occupy each position a proper number of times. Thus the unintelligent voters are pitted against each other and neutralize each other's votes so that the decision lies with those who vote intelligently. CITIES OF THE THIRD CLASS. 177 At the municipal election the names of candidates suc- cessful at the primary are. placed on the official ballot in a place by themselves, their positions here, too, de- teiTnined by lot, and the voter marks his choice individ- ually, his straight vote for the remainder of his ticket having no effect on this part. The initiative is provided for as follows : Any group of one hundred qualified electors may require the city clerk to prepare a petition accompanying a proposed ordinance. Notice of this petition is published in the newspapers and the petition lies at the office of the city clerk, where it may be signed by all qualified voters who care to do so. The petition cannot be carried around by agents, paid or otherwise, who obtain signatures by im- portunity, thus removing one of the chief objections to the use of petitions in governmental matters. If at the end of ten days the petition has been signed by 20 per cent, of the number of voters who voted for all candi- dates for mayor at the last preceding municipal election, the petition and ordinance is submitted to council. If it is not so numerously signed, ten more days are given for another trial, and if the friends of the measure can- not succeed by that time, the proceeding is exhausted. If they desire to try again, they must begin from the beginning. When a properly signed petition with a proposed ordinance has been presented to council, that body has two alternatives, either to pass the ordinance unamended within twenty days, or call a special election (unless a general or municipal election falls within ninety days), at which the ordinance is referred to the people. When such an ordinance has been adopted by .the peo- ple, it cannot be amended or repealed by council for two years, without another vote of the people. Not more than two special elections for voting on initiative ordinances may be held in any year. 12 178 STATE GOVERNMENT IN PENNSYLVANIA. The referendum operates upon measures proposed and adopted by council. No ordinance goes into effect (with certain exceptions for urgency) until ten days after it is adopted, and ordinances granting franchises cannot go into effect until thirty days after adoption. In the meanwhile a twenty per cent, petition against the measure may be presented. On receiving this gentle suggestion that their measure is not popular, council may recon- sider, but if they are obdurate and cling to their ordi- nance, it must be submitted to the people, and its fate is settled by them. As though suggesting a doubt about the advisability of allowing really important measures to be subject to referendum, the statute provides that it cannot be in- voked against any tax levy, nor to the annual appro- priation ordinance, nor to any ordinance providing for the exercise of the right of eminent domain. The foregoing brief description shows that Pennsyl- vania cities of the third class now have all the five es- sentials of a commission form of government, as laid do^^^l by the writer quoted in a former chapter,^ the small governing body, their election at large, combination of executive and legislative powers, the assignment of each commissioner to a department, and the checks de- signed to secure popular control. As an additional mark of progress, cities of the third class have a somewhat restricted but nevertheless valuable system of appoint- ment of employees under the merit system.*^ (5) Chapter XIV, p. 150. (6) Act May 3, 1917, P. L. Act June 20, 1917, P. L. Act July 16, 1917, P. L. CHAPTER XVIII. BOROUGHS, INCORPORATED TOWNS AND TOWNSHIPS. IN Pennsylvania, the borough is the simplest of the municipal corporations that govern closely settled localities, and is ordinarily the smallest, though some boroughs are larger than some cities. Originally boroughs were incorporated by special act, but a general act for their incorporation was early adopted.^ Since that time a great mass of amendatory and supplementary legislation accumulated, but was all swept away, and a single comprehensive statute passed in 1915 which compressed 260 acts or parts of acts into one, ''The General Borough Act.^ A scattered population has no need for local govern- ment, beyond what is provided by the township. But it frequently happens that for one reason or another groups of people gather and soon a little cluster of houses appears. A town or village has been formed, but nothing yet recognized by the law as an entity differing from the township of which it forms a part. With the closer grouping come the problems of local government,, questions of paving, lighting, sewering and policing, and as the embryonic form of township government cannot supply organization enough to meet these, it is necessary to carve out of the township that part of its territory which feels the pressure of such problems and form it into a borough. This surgical operation is painful to the (1) Act April 1, 1834, P. L. 163. (2) Act May 14, 1915, P. L. 312, amended by Act May 10, 1917, P. L. and Act July 6, 1917, P. L. The draftin^: of this act is part of the valuable work being done by the Lejjislative Re- ference Bureau described above. 179 180 STATE GOVERNMENT IN PENNSYLVANIA. remainder of the township, since the richest field for the tax gatherer is to be found in the portion of the township which desires to become a borough, and hence there is usually opposition to the formation of the borough, but as the thickly settled part has probably grown tired of paying for the repair of the roads throughout the town- ship, while unable to get a sewer system for itself, it is apt to persist. The question is settled by the Court of Quarter Sessions of the county. When a majority of the real estate owners of the area which it it proposed to cut off and to erect into a borough present a petition for that purpose, the court considers the matter and grants or re- fuses the petition as seems to it best. It is in this way that new boroughs are created at the present time. There are many boroughs in existence which have been created by special act of the Legislature, and many which, al- though originally so created, have accepted the provis- ions of and so come under the general borough laws. In considering the effect of laws passed to reg-ulate bor- oughs it must be constantly remembered that there are many places called boroughs, which will not be affected by such laws, because they have been created by special statute, and hence though called boroughs, do not be- long to the family of boroughs which come under the terms of laws regulating boroughs generally. Some laws, however, which regulate affairs of State- wide interest happening in boroughs (as, for instance, election matters), would, when mentioning boroughs, in- clude them all, whether incorporated under special or general act. There is here ground for much difficulty and dispute, and any particular question about it can only be answered by a lawyer, or court, but it is well for the general reader interested in boroughs to know about it, so that he will not be misled when urging or opposing legislation in which the name borough appears. The fol- BOROUGHS, TOWNS AND TOWNSHIPS. 181 lowing description of boroughs refers to those coming under the General Borough Act. As boroughs are usually comparatively small,^ their form of government is simple, but they preserve the familiar distinction between executive and legislative departments. In this respect the new borough code would seem to be retrogressive, but it must be remem- bered that this act did not attempt to add anything new, it simply codified the existing laws. The chief executive officer is called the Burgess, rem- iniscent of the historic burgomaster. The act does not state that the inhabitants are called burghers. True to the theory running through most of our governmental arrangements, the separation between the departments is made complete. The burgess is not a member of the council nor does he preside at its meetings, except the meeting for organization. In order to prevent his be- coming a local despot, he may not hold any other borough offices, and it was originally provided that he could not succeed himself, but this latter provision was aban- doned.^ The principal duty of a burgess is that of a peace officer. He has the powers of a justice of the peace in enforcing borough ordinances and in riots, tumults and disorderly meetings. He also directs the borough police, but the appointment and discharge of policemen are re- tained by the council. The burgess is a salaried officer, his compensation being fixed by the council, but the maximum is fixed by statute on a sliding scale of population ($100 per thou- sand for the first one thousand and $50 for each thou- sand additional). As befits the small population and simple government (3) The largest is Norristown with a population in 1910 of 27,875, and from that they dwindle in population to a fow luindred. (4) Act Marcdi 30, 1917, P. L. 182 STATE GOVERNMENT IN PENNSYLVANIA. of boroughs, the officials are few. The appointive officers (appointed by councils) are treasurer, solicitor, secre- tary of council, one or two street commissioners and policemen. The elective officers are burgess, high con- stable and three auditors or a controller. As explained before in connection with counties, the difference be- tween auditors and controllers is that the auditors con- duct a sort of post mortem over the accounts of the ac- counting officer, while a controller examines and ap- proves any payment before it is made. As a controller must be at his office eveiy day it costs more to maintain his office than that of auditor, so only the larger bor- oughs have controllers. By recent legislation boroughs are given power to create the office of Borough Mana- ger.^ In boroughs too small to be divided into wards, there are seven councilmen. In boroughs divided into wards, there are at least one and not more than three councihnen from each ward, the number varying according to circumstance. As the number of wards in a borough is never large, the council is always a relatively small body. The burgess and mem- bers of council serve for four years. Half of council is renewed every two years. Boroughs have power over the streets, water supply, garbage, police, fire prevention, regulation of buildings, nuisances and eminent domain. In many statutes regulating the affairs of boroughs, we find mention also of ''incorporated towns." In the early days when everything incorporated had a special charter, there were a number of communities which were incorporated as the town of so and so. For all practical purposes they were the same as boroughs and had the same needs, but unless mentioned, they were not covered by statutes passed for boroughs. Frequently they were (5) Act June 25, 1917, P. L. BOROUGHS, TOWNS AND TOWNSHIPS. 183 forgotten and left out in the cold. One by one they aban- doned their position of splendid isolation and came un- der the shelter of the general borough act. One only, Bloomsburg, has remained obdurate, and is still a town. Consequently, when a law is passed relating to boroughs, it is necessary to add ''and incorporated towns," lest Bloomsburg be slighted. It is to be hoped that the citi- zens of Bloomsburg derive sufficient satisfaction from their exclusive position to justify the pains which the Legislature must take to see that they are properly pro- vided for. TOWNSHIPS. The township, in Pennsylvania, is the municipal cor- poration which attends to local government in all parts of the county not provided for by some of the more high- ly organized forais of municipal corporations. Com- plexity of organization is proportionate to density of population, and as the more thickly settled parts of a county are organized into boroughs or cities, the remain- ing territory, the background, so to speak, of the county, is sparsely settled and hence needs no very highly or- ganized municipal corporation to care for its govern- mental needs. In New England, the township, or town, as they call it,^ was the original unit and the State grew up out of the towTis. Massachusetts was not created by anybody's decree. First the Pilgrims came over and made the town of Phmiouth, and then other Puritans came over and set up the town of Boston, and other groups formed other towns, and after a while the several towns came to be recognized as the Colony of Massachu- setts.^ (1) This use of the Avord town will explain what is so puzzling to a strajiger, when a wayside farmer tells him that he is in the town of X, though not a house be in sight. (2) The gift of seeing ourselves as others see us is occasion- 184 STATE GOVERNMENT IN PENNSYLVANIA. Pennsylvania townships are of two kinds, Townships of the First and Second Class. The latter class, the com- mon or garden variety of township, is the lowliest form of corporation for the purpose of local government. It has no centres of population, except a little knot of houses around some cross roads, and most of its terri- ally given in the writings of foreigners who take the trouble really to understand what they observe. De Toequeville, who came to America to see how a democracy actually worked, was verj^^ much interested in the New England townships, and treats of them at considerable length. The practical citizen is advised to read "Democracy in America", the fniit of his observation. The follow- ing two paragraphs will show how clearly he understood his subject : "In New England townships were completely and definitely constituted as early as 1650. The independence of the township Avas the nucleus round which the local interests, passions, rights and duties collected and clung. It gave scope to the acti\dty of a real political life, thoroughly democratic and republican. The colonies still recognized the supremacy of the mother country; monarchy was still the law of the State; but the republic was already established in every township. ''The towns named their own magistrates of every kind, rated themselves, and levied their own taxes. In the New Eng- land town, the law of representation was not adopted; but the affairs of the community were discussed, as at Athens, in the market-place, by a general assembly of the citizens." Democracy in America by Alexis de Toequeville, Translation by Henry Reeve, New York, The Centuiy Company, 1898, p. 50. Another distinguished writer nearly two generations later observed the same conditions still existing. James Bryce in his chapter on Local Government in ''The American Commonwealth," clearly describes the place of the township in the American scheme of government, its primal importance in New England, its practical absence in the South, and a compromise between the two systems in the West, where the streams of immigration from the two sections met. He also treats of the Pennsylvania system, grouping it with the states compromised between the New England and Southern systems, but gives it very little at- tention. Chapter XLVIII, ed. of 1889. Changing conditions often pi'oduce degeneration in institu- tions once most fitted to serve their purpose. A recent writer, referring to the size of legislative bodies in America, says, "If undue size is a political sin, the worst sinners are the New Eng- BOROUGHS, TOWNS AND TOWNSHIPS. 185 tory is made up of regions entirely rural. The care of the roads is its chief duty, and its chief officers are the supervisors. In addition there are assessors, tax col- lectors, treasurers and secretaries.'' Besides looking out for the roads, the supervisors have charge of the poor relief, unless that duty is lodged elsewhere, as it fre- quently is. Of this we will speak later. They also have the power to appoint policemen when authorized by the Court of Quarter Sessions.^ The number of supervisors in each township is three. Townships have no representative assembly, nor single executive, nor do the people meet in town meet- ing; they simply elect their officers, who have only the powers given them by statute. Thus it is evident that the Pennsylvania township has no such vigorous politi- cal life as the New England town. The tendency is all toward lessening the functions of the ordinary township. On the one hand the county and State are more and more taking charge of the roads, and the county of the poor relief, while on the other hand there is no development of the ordinary township through growth of population, because as soon as the population becomes sufficient, the township graduates into a townsliip of the first class, which is a very diiTerent kind of a thing. A township of the first class is tlie evolutionary link land states, which have in their six low<^i- houses 1,401 members, besides 198 in the senates. This is due to their unfortunate em- phasis on the importance of the town, once the pride but now the bane of New England politics," and again, "It seems plain from the Constitutions that the town system of New England is dying. It is not imitated outside of that section, and within that section is in a condition of inefficiency and decrepitude." American State Constitutions, by Jam^s Quayle Dealey, Ph. D., Ginn & Company, 1915. (3) The laws regulating townships have been codified, and greatly simplified by the passage of "The General Township Act." Act July 14, 1917, P. L. (4) Act April 5, 1917, P. L. 186 STATE GOVERNMENT IN PENNSYLVANIA. between a township and a borough. As a half developed tadpole has both legs and tail, so a township of the first class has the structure of a township and the powers of a borough. It is the solution of the question, what shall we do with the suburbs of our big cities ? Where the peo- ple cluster thickly enough, a borough may be erected, but as the suburban population filters into wide reaches around the large cities there soon arise large areas which are not closely enough settled to make a borough, but which have many more needs than could be met by the rudimentary organization of the township. For a long time such districts suffered from insufficient govern- ment, but in 1899 the matter w^as taken in hand and pro- vision made for to^\Tiships of the first class. ^ The quali- fication for a township of the first class is to have a popu- lation of at least 300 per square mile, all other townships being relegated to the second class. When the census shows the requisite population, a township is of the first class whether it wants to be or not. The place of the supervisors in ordinary townships is taken by township commissioners. Usually there are five of these. If the to^\Tiship has more than five election districts, there is an additional commissioner for each additional election district. As in ordinary to^mships, there is a township treasurer, township clerk and township auditors. The to^vnship commissioners have almost the power of a city council in their authority over grading and paving streets, passing ordinances and laying fines for their violation and in their care for the public safety and pub- lic health.^ (5) Act April 28, 1899, P. L. 104. Since repealed and replaced by the General Township Act, supra. (6) By Act of May 29, 1907, P. L. 302, townships of the first class are required to appoint boards of health, which are to have the powers of boards of health of cities of the third class. CHAPTER XIX. POOR DISTRICTS AND SCHOOL DISTRICTS. THE poor we have always with us. Consequently, it is to be expected that the law governing the care of the poor will run parallel with the history of the State, and this is exactly what we find. Pennsyl- vania was still a very new settlement and land was still abundant and cheap for anyone wlio would take the trouble to cut the trees, when the number of poor need- ing relief was sufficiently great to require the passage of a general act covering the subject. The whole of the first paragraph of this act is given because of the quaint enacting clause in use in Colonial times. "An Aft for the Relief of the Poor. For the better relief of the poor of this province. [Section I.J Be it enacted by John Evans, Esquire, by the Queen's royal approbation Lieutenant-Governor under William Penn, Esquire, absolute Proprietary and Govemor-in-Chief of the Province of Pennsylvania and Temtories, by and with the advice and consent of the freemen of the said Province in General Assembly met, and by the authority of the same. That the justices of the peace of the respective counties of this province, or any three or more of them shall, on the five-and-twentieth day of March, yearly (unless that sliall happen on the First day of the week, and then on the day following) meet at some convenient place within their county, and there nominate and appoint one, two or more (as the case may require) of (the) substantial in- habitants of the respective townships; and where the townships are small and inhabitants few, two or more, as the justices shall think fit, may be joined tog^ether within their county to be over- seers of the poor of the said townships for the year ensuing.' (1) Act Januaiy 12, 1706. Statutes at Large of Pennsylvania, Vol. II, page 251. Calvin G. Beitel, author of "A Treatise on the Poor Laws of Pennsylvania", Philadelphia 1899, says, "The earliest legislation on record, for the relief of the poor of Pennsylvania, was enacted by the Colonial Assembly A. D. 1700, and was entitled, 'An Act for the better provision of the poor'. This is a reference to the 187 188 STATE GOVERNMENT IN" PENNSYLVANIA. After providing for the appointment of overseers of the poor, the act proceeds to give these officers the power to levy taxes and collect them; it also provides that the father and grandfather and the mother and grandmother and the children of every pauper shall be required to maintain them. It also gives authority to the overseers, with the consent of two or more justices of the peace, to apprentice children who are public charges. This act gives to the mayor and aldermen of the city of Phila- delphia within the limits of their jurisdiction the same powers as the overseers of the poor. As the population, and consequently, the number of dependents grew, the first simple act proved insufficient. A considerable number of special acts were passed, but just a few years prior to the Revolution the whole mat- ter was taken up anew and an extensive and detailed act was passed,^ the preamble of which states, ''Where- as the laws hitherto made for the relief of the poor have not answered all the good purposes that were expected from them." This act continues the system of local overseers of the poor. Apparently experience had led them to believe that there would be some shirking of duty by those elected overseers. Consequently, we find prac- tical citizenship in those patriotic days enforced by the following provision: "See. XIII. And be it further enacted bj' the authority aforesaid, That if any person appointed as overseer of the poor of the City of Philadelphia shall refuse or neglect to take upon him the said office, he shall forfeit twenty pounds to the over- seers of the poor of said county for the use of the poor thereof; Act of November 27, 1700, Statutes at Large, Vol. II, p. 20. This is a short act laying the duty of relieving the poor on the justices of the peace and the overseer of the poor of the respective counties. The use of the term 'overseer of the poor' mthout explanation, would seem to indicate that there had been previous legislation creating such oflficials. " (2) Act March 9, 1771, Statutes at Large of Penna. Vol. VIII, p. 75. POOR DISTRICTS AXD SCHOOL DISTRICTS. 189 and if any person appointi;d as overseer of tlie poor of any borough, township or place shall refuse or neglect to take upon him the said office, lie shall forfeit five pounds to the overseer? of the poor of the said borough, township or plac« for the use of the poor thereof; and the said forfeitures shall be levied bv warrant from any two justices of the peace of the county, of any two magistrates of the City of Philadeli)liia respectively, under their hands and seals, on the goods and chattels of such person or persons so neglecting or refusing, and sold within three days next after such distress made; and if there happen any overplus upon sales thereof, the same shall be paid to the owner or owners; reasonable charges being first deducted; and if such per- son or persons so neglecting or refusing as aforesaid, shall not have goods or chattels wliereby he or they may be distrained as aforesaid, that then the said justices may commit the offender or offenders to prison, there to remain without bail or mainprise till the said forefeitures shall be fully satisfied and paid." In this act we have the first germ of the law which has since developed into a considerable system and is administered in the domestic relations court, ''And whereas it sometimes happens that men separate them- selves without reasonable cause from their wives and desert their children, and women also desert their chil- dren, leaving them a charge upon the said cities or upon some borough, township or place aforesaid, although such person may have estate which would contribute to the maintenance of such wives or children," then the act goes on to provide that such people may be properly dealt with. This act differs principally from its simpler predecessor in most elaborate provisions for determin- ing the settlement of a pauper, that is, tlie particular place that must be responsible for him. The pauper community must have been felt to be a very considerable burden, or such care would not be exercised to see that it was fairly distributed. By section 15, poor districts are erected into numici- pal corporations. As the distinction between the munici- pal corporation and a mere descriptive division of the State is always a little difficult to grasp, especially where the municipal corporation is of such a simple nature as 190 STATE GOVEENMENT IN PENNSYLVANIA. the poor district, it will be worth while to repeat the very words of the statute w^hich started poor districts on their career as full fledged municipal corporations : Sec. XY. And be it further enacted by the authority afore- said, that the said overseers of the poor for the city, boroughs, district and townships aforesaid for the time being respectively shall forever thereafter, in name and in fact, be and they are hereby declared to be bodies politic and corporate in law to all intents and purposes and shall have perpetual succession, and by the name of overseers of the poor of the said city, boroughs district and townshijis may sue and be sued and j^lead and be impleaded in all courts of judicature within this province, and by that name shall and may purchase, take or receive any lands, tenements or hereditaments, goods, chattels, sum or sums of money not exceeding in the whole, including all gifts, grants, devises and bequests heretofore made, the aforesaid yearlj^ value of five hundred pounds, to and for the use and benefit of the poor of each of the said cities, or each of the said boroughs, dis- tricts or townships respectively, of the gift, alienation or de\dse of any person or persons whomsoever, to hold with them the said overseers and their successors in the trust for the use of the said poor forever. The system erected by this act created separate muni- cipal corporations for the administration of the poor laws out of the city of Philadelphia, its outlying districts and the various boroughs and townships of the remain- der of the State. It is to be particularly noted that none of this work was given to the counties, nor were any poor districts made coterminous with the counties. During the succeeding century a large amount of special and gen- eral legislation was passed on the subject, the chief of which was the general act of June 13, 1836, P. L. 539. These acts further extended the general system and elab- orated on the principles of responsibility of a particular district for the relief of the poor, but they did not work any essential change in the general system. In 1879, however, a complete change of method was inaugurated, and the counties, exclusive of incorporated cities, were made the poor districts, although the provisions pre- viously existing were not abolished until each county had POOR DISTRICTS AND SCHOOL DISTRICTS. 191 made adequate preparations and had so notified the local overseers.^ SCHOOL DISTRICTS. We have here to deal with school districts only as they find their place in the scheme of municipal corpor- ations, their part in the educational system having been covered in a preceding- chapter.^ School districts are of four classes, graded according to population, the first class composed of those having a population of 500,000 or more, the second between 30,000 and 500,000, the third between 5,000 and 30,000 the fourth less than 5,000. The school districts have grown up tlirough a long course of legislation. The school code ' did not reconstruct tlie boundaries of the districts, but simply provided means for future change where found desirable. As a rule the districts are coterminous with some of the other munici- pal corporations of the State, usually the small divisions, but sometimes the school districts transcend the bounds of the other municipalities and lie in more than one of them at the same time. There is no question of the school district being a municipal corporation. The school code distinctly pro- vides : The several school districts in this Common- wealth, established by this act, shall be and hereby are vested, as bodies corporate, with all necessary powers to enable them to carry out the provisions of this act.^ And again: Each school district in this Commonwealth shall (3) Act June 4, 1879, P. L. 78. (4) Chapter IX. (5) Act May 18, 1911, P. L. 309. (6) Ibid. Sec. 119. 192 STATE GOVEENMENT IN PENNSYLVANIA. have the right to sue and be sued in its corporate name. Any legal process against any school district shall be served on the president or secretary of its board of school directors.' School districts are also given power to receive gifts, bequests, etc.,*^ to levy and collect taxes ^ and to borrow money and issue bonds. ^" The possession of all these powers goes to show not only that the school district is a municipal corporation, but that it possesses quite a high degree of organization. Consideration of the description given in the preced- ing pages of the various municipal corporations will make it clear that all of the various governmental divis- ions are not of the same order, not merely "part of the government," but are each individual, having each its own life and its own rigidly circumscribed sphere of action. Over all presides the Commonwealth, giving to each all the power that it possesses, and, exercising its own power uninterfered with by the existence of its own local governmental agents. The high importance of the State is thus brought to light and when this importance is once grasped it is difficult thereafter to consider State affairs as negligible or to treat them with indifference. (7) Ibid. Sec. 123. (8) Ibid. See. 126. (9) Ibid. See. 402. (10) Ibid. Sees. 505, 506, 507, 508. CHAPTER XX. PARTIES IN PENNSYLVANIA. THE previous chapters have suggested something of the possibilities of the State government for good or evil and have indicated tlie complicated and delicate machinery by which it is run. The follow- ing will point out the channels through which the action of the State may be influenced by the individual. Mere criticism is the method adopted by many, a method which seldom attains its end. Constant constructive effort is required. To become a helper, not a critic, is the first step in practical citizenship. When once this step is taken there opens an infinite vista of opportunity. The remainder of the book will be devoted to assisting the citizen who has made up his mind to take some helpful part in the affairs of government. The first problem encountered in making democracy actually work is to find some scheme for securing unity of action amid the multiplicity of individual wills. Lack- ing this, any agglomeration of human beings would be a mob — yes, worse than a mob, for even a mob acts by a common impulse and has its collective mob psychology. In early days there were times when this unity could be attained only by some form of compulsion whereby the willing was done by one and obeying by the rest. This simple scheme is in vogue to-day in military matters, and for effectively achieving its purpose of collective action no better scheme has ever been invented. Unfor- tunately, the military form of government sacrifices too much that we hold dear, so resort must be had to some method of securing unity of action which is based on the voluntary adhesion of the citizen. The method which 10:5 13 194 STATE GOVEKNMENT IN PENNSYLVANIA. the experience of mankind has evolved for tliis purpose is the Party. It is a crude instrument at best, but as the only one available, it is worthy of careful study. A party is a voluntary association of citizens banded together for working out in govermnental action the principles which form the basis of their co-operation. Though there are in existence a great enough variety of principles to give a basis of cohesion to a large num- ber of parties, yet, if every variety of principles were to form the basis of a party the electorate would be split up into a great number of petty groups, no one of which would be of a size sufficient to gain control of the gov- ernment. Minor differences of opinion, therefore, are sunk, and parties organized only on the basis of some issue great enough to interest the whole electorate. In this is the danger of party. The candidates who are elected on the strength of their position upon a single great issue are required to decide many quite different problems. Thus a congressman elected upon a sound money platform may be called upon to vote upon the tariff bill. It might well be that many of his constituents who approved his views on the money question would heartily disapprove his views on the tariff. Thus a party frequently effects ends for which the people have not commissioned it, and, to that extent, democracy breaks down. The consciousness of this weakness in the representative system has given birth to the movement for the initiative and referendum. This movement seeks to make every question of any importance separable from every other and to permit it to be presented to the people for their immediate determination, uncompli- cated by party or other considerations.^ (1) Until lately it might have been said that mention of the initiative and referendum had no place in a description of Pennsyl- vania, but not now, for the initiative and referendum are now parts of the system of government of cities of the third class. See chapter XVII. PARTIES IN PENNSYLVANIA. 195 The inherent difficulty in the party system is thus seen to be the fact that it influences government in so many ways that are irrelevant to the issue upon which the successful party gains its power. This difficulty would not be so serious if voters would change their party as each new issue arose, but mankind is much addicted to loyalties, and is manacled by habits. When once a voter's affections have gone out to a party he is apt to stick by it through thick and thin. This fact is known and counted on by party leaders and is used for their own ends. Habit performs much the same service as loyalty, and men who cast their first vote to stay the march of slavery or save the union, are sometimes led by habit to vote into local power men whom, as individ- uals, they could not respect. The relationship of State and nation offers a clear il- lustration of the frequent irrelevancy of party organiza- tion. The problems of our State government have little in common with those of the nation, and yet the voters aggregate themselves into parties on the basis of na- tional issues, and then permit the political leaders to use the parties thus created to rule the affairs of the State. The evils arising from the irrelevancy of the party system are clearly recognized, and three different lines of improvement have been suggested. Most radical is the initiative and referendum, of which mention has been made. The second line of improvement, an extremely practical one, recognizes things as they are and sees clearly that if all questions are to be decided by party action, whether relevant or irrelevant to its principles, it should at least be made possible for the people to con- trol their own party machinery. This line of reason- ing produces the uniform primary. The third effort to- ward improvement is somewhat more idealistic. While it recognizes that party action is necessary, it seeks to 196 STATE GOVERNMENT IN PENNSYLVANIA. keep party action relevant by organizing a greater num- ber of parties as the issues multiply, or to suppress par- ties entirely where no party issue is possible. This method of thinking produces parties limited to the State (e. g., Keystone Party, Lincoln Party) or to a single city (e. g.. City Party, Philadelphia Party, William Penn Party, Franklin Party), and non-partisan ballot laws, such as that now in force in the election of judges. The party system had not received recognition at the time of the adoption of the United States Constitution, and it was recognized by law very gradually. In Penn- sylvania, nothing more was attempted at first than to facilitate the act of party voting and to permit of party nominations and party groupings upon the ballot, no effort being made to regulate by law the internal con- struction of a party, or the integrity of its acts. This produced a bosses' paradise. G-radually the law has more and more enveloped and fixed the party. However, there is difficulty here. As we defined party, it is a voluntary association. As such it is very hard to reach by law. The State can, of course, regulate as much as it pleases any body of men whom it recognizes as a party, but it cannot prevent men from banding them- selves together in a virtual but unavowed manner for the purpose of influencing the formal action of the regu- lated party. Thus they achieve their end and escape regulation. The two theories, that of party regulation by statute and that of minimizing party by means of non-partisan elections, were both effective in moulding the election legislation of the session of 1913. Strange bed fellows these, — the party enrollment act and the non-partisan ballot act of that year. They were the last steps yet taken in the direction of the two theories mentioned. In- deed, the non-partisan ballot might be spoken of as the first step, as well as the last step, for it is practically PARTIES IN PENNSYLVANIA. 197 the only step in this direction. The ballot laws have always made non-partisan voting possible, but have never before encouraged it. The party enrollment act completed the work begun by the uniform primary act. As soon as party becomes an effective engine in government, it is important to know how party policy can be controlled. This aspect of the case was for a long time unrecognized except by the astute political leaders. By making their influence felt in the nomination of candidates and the construc- tion of platfoiTus, they could wield a decisive influence in governmental affairs without seeming to take any part in government at all. For a long time the average voter, who would have joined a revolution had his vote been taken away from him, seemed to be indifferent to the fact that there was no protection at all of his right to participate in party management, although outside of party management there was really no effective method of influencing government. Finally, however, the voters came to a realization that they must protect their rights at the springs of party action, and so uniform, or in other words, law-controlled, primaries, were instituted. One final step was necessary to complete the legal recog- nition of parties. Just as personal registration is neces- sary to secure an accurate voting list for the election and an authoritative register of those who have a right to vote, so an authoritative list must be made of those who have a right to participate in the primaries of the several parties. To secure such a list the party enroll- ment law was enacted. On the other hand the non-parti- san ballot act casts aside the party theory entirely and proceeds upon the assumption that the voter should not be hampered by party considerations in choosing be- tween the various individuals in nomination. A more detailed consideration will be given to these laws in an appropriate place, but here it is pertinent to 198 STATE GOVERNMENT IN PENNSYLVANIA. inquire as to the probable outcome of the working of these two seemingly opposed theories, one seeking to en- courage, the other to destroy the party system. The answer is that the principles are not mutually destructive, but that each limits the excess of the other, and that they will probably come to equilibrium when the legitimate bounds of party action are generally agreed upon. Wherever questions arise of such a nature that they must be settled ultimately by public opinion, and when these questions are fundamental and far reaching, parties will arise to enforce the will of large groups of like-thinking people. It would be entirely futile, as well as unwise, to attempt to hinder this process, but it should always be borne in mind that no party ought to be kept in power by means irrelevant to its reason for existence. Patronage, unfair ballot laws, inertia of public opinion, all these support dying parties, but do so to the detri- ment of the public interest. It is a matter deeply to be regretted that the vital questions that arise in the gov- ernment of our State do not seem to be of wide enough interest to lead to the formation of purely State parties, and thereby the State is the loser. In the cities, on the other hand, the issues are clear enough to produce purely local parties, though these parties are shamefully handi- capped by the inability of the voters to shake themselves free from their habit of follo^^ang blindly their national parties. In the State largely, in the city almost com- pletely, and in the judiciary entirely, the voter is inter- ested rather in the integrity and capacity of the public officer than in his party standing. On the other hand, in national affairs the voter is primarily interested in certain great policies, and he is apt to view the public officer as an automaton destined to carry out those poli- cies according to the behests of the successful party. These being the underlying facts, it is probable that the fullest legal recognition will always be given to PARTIES IN PENNSYLVANIA. 199 national parties and tliat tliey will be so regulated as to belong to their members rather than to their leader. To this end presidential primaries will probably become universal. But parties having no real reason for exis- tence will be discouraged. In electing representative bodies, proportional representation - will be introduced, and the voters will vote for the man rather than the party. All local officers will be elected on a non-partisan ballot, as judges are under the 1913 legislation. The State officers represent the meeting line of the two tendencies. If enough interest can be aroused in State questions to justify State parties, such parties will probably come to be realities, but if the present condi- tion of general inditference toward State matters con- tinues, it is probable that, in time. State officers also will be elected on a non-partisan ballot." It is clear by this time that the practical citizen must act with some party. He will, of course, exercise his best individual discretion in the non-partisan voting now (2) Proportional representation is a system by means of which the faults of representative government due to our method of em- ploying geographical districts as election units are corrected. In- stead, the representatives are elected by a constituency gathered from any part of the city or state, as the case may be, and as everybody places himself in one of these constituencies, no one remains unre- l^resented. Under the present system there is always a large unre- presented minority, frequently amounting to but little less than half the voters. When the inequalities of the geographical system are consciously employed, the process is known as gerrymandering. The subject of proportional representation seems obscure until sufficient attention has been given it really to understand it, but when once this is done, the wonder is that it was not long ago adopted. Ashtabula, Ohio, has the honor of being the first community in the United States to adopt proportional representation, having done so on August 10, 1915, The American Proportional Representation League stands ready to furnish information to anyone interested in this subject. Address, C. G. Hoag, General Secretary, 802 Franklin Bank Bldg., Philadelphia. (3) This issue arose in the election of 1915 in California, and the voters rejected non-partisan elections for state offices. 200 STATE GOVEKNMENT IN PENNSYLVANIA. permitted, and he may desire either that the party sys- tem or the non-party system be extended, but as things stand either desire can be achieved only by the success of some party whose principles embody it. Consequently it becomes of interest to know what legally constitutes a party and how a voter may become a member of one. Any group of citizens acting together to influence governmental action constitutes a real -party, but such a party is not necessarily recognized by law. It must first prove its right to existence. Each of the parties entails a certain burden of expense on the public in the way of printing ballots and providing various other election material and it is proper that no party should be recog- nized by the State unless it is large enough to become a factor in an election. The State-wide uniform primary act ^ completely de- fines what a party is. This act makes a very just dis- tinction between a party in the State and a party in a county. As long as the law has not yet advanced far enough to provide non-partisan elections for all local officials, the only way of escape from the absurd division along national lines in local affairs is the creation of strictly local parties. It is evident that it would not be fair to such purely local parties to require them to qualify for party existence in the same way that could reasonably be required of a party operating throughout the whole State. A party within the State is defined by the primary law (sec. 2) as follows: "Any party or body of electors, one of whose candidates .at the general election next preceding the primary (i. e., the primary at which the party seeks a place on the ballot) polled in each of at least ten counties of the State not less than two per centum (4) Act July 12, 1913, P. L. 719. PARTIES IN PENNSYLVANIA. 201 of the largest entire vote east in each of said coun- ties for any elected candidate, and polled a total vote in the State equal to at least two per centum of the largest entire vote cast in the State for any elected candidate, is hereby declared to be a political party within the State." This definition requires that the party shall have actual existence in at least ten of the sixty-seven coun- ties of the State and so be more than a merely local af- fair. It should be noted that the existence of a State party depends on the vote at a general, or State-wide election. It is also important to note that the two per centum necessary is based upon the largest entire vote of any elected candidate. This means that in ascertain- ing tlie base upon which to calculate the two per centum it is necessary to add together the vote which the higliest candidate received from all sources. This is sometimes apt to work in a peculiar way. If a candidate should be endorsed by all of the principal parties his entire vote would practically be the entire vote polled and two per centum of this total would be about equal to four per centum of a normal majority party vote. However, even the requirement of four per centum could hardly be thought a hardship by any party with any real vitality. A party within a county is defined as follows: *'Any party or body of electors, one of whose candidates at either the general or municipal elec- tion preceding the primary polled at least five per centum of the largest entire vote cast for any elected candidate in any county, is hereby declared to be a political party within said county." Note that a local party requires five per cent, instead of two per cent, of the largest entire vote. A voter becomes a member of a party by voting for 202 STATE GOVERNMENT IN PENNSYLVANIA. a majority of the candidates of that party.^ In calcu- lating this majority, the group of pi-esidential electors is counted as but two candidates, since the whole group simply represents the candidates for president and vice- president. Membership in a party is gained by voting its ticket, but the voter reads his title clear in the party enroll- ment. Enrollment provisions are found in the personal registration act for cities of the first and second class and in the State-wide primary act, but the basic statute is the enrollment act.^ By its provisions, one of the questions asked the voter when registering is, ''What party are you a member of?" He is not compelled to answer this question, but unless he does so he will not be able to vote at the next party primary. He will be able, however, to participate in the nomination of candi- dates to be voted for at the non-partisan election. In the State outside the cities, where personal regis- tration is not provided for, it is the duty of the tax assessors, when making their rounds for the purpose of making up the voting list, to enquire of the voter his party membership, and enroll him accordingly. In case the voter is not at liome when the assessor calls, he leaves an enrollment blank which the voter may fill out and forward to the assessor. As this system lacks most of the safeguards that are thrown around the personal registration system, and as voters are apt to be apathetic about sending in their enrollment certificates, it is gener- ally felt that the assessors have a rather undue influence in determining a voter's party standing. The enrollment of voters according to their party membership provides an accurate list of voters qualified to take part in the management of their parties. In the old days of the soap box primary there was absolutely (5) Act July 25, 1913, P. L. 1043. (6) Act July 25, 1913, P. L. 1043. PARTIES IN PENNSYLVANIA. 203 no protection for the honest party member. The ordi- naiy method of conducting a primary was to have the voter appear before the window of a house and pass his ballot through to party officers inside who deposited it in a box improvised from the corner grocery. Hence the name. '\^Tiat happened to the ballot after it passed through the window was known only to the men "on the inside." A case has been reported where one of the tellers swallowed many of the opposition ballots.' As there were no official ballots, and no list of voters, it is evident that there was no check on surreptitiously de- stroyed ballots. Even supposing that the ballots cast were preserved and honestly counted, still there was no guaranty that those casting them were really party mem- bers. If the party leader was experiencing difficulties from rebellion in his ranks, he could call on the leader of the opposite party for a battalion of his trusties. The insurgents could protest, of course, but could do little else. Primaries were strictly party affairs and their disputes had to be settled by party rules and before party tribunals. Insurgents were not apt to get much comfort out of a party tribunal. Until the enrollment act was passed, party raiding was a popular pastime. It is true that under the first primary act of 1906, voting in each party primaiy was restricted to those who claimed membership in the party, but, under the law, a voter could have any ballot he re- quested, unless challenged, and the practical politician hates to challenge, it makes too many enemies. This re- luctance to challenge is especially noted in some of the divisions whore physical violence is counted a legitimate political instrument. That the practice of party raiding is not an imagin- ary proceeding, is proved by the experience of the oppo- (7) It is needless to state that this occurred before the days of the blanket ballot. 204 STATE GOVERNMENT IN PENNSYLVANIA. sition to the Republican Organization in Philadelphia be- tween 1906 and 1912. Beginning as the City Party, they became successively the Philadelphia Party, the William Penn Party, and the Keystone Party. No party would moult its name each Spring but for good reasons. The reason was imperative. At the first opportunity the Organization, whose trained cohorts always turn out in force at primary elections, directed its henchmen to mas- querade as of the opposition in sufficient force to swamp the less disciplined independents and select organiza- tion followers as candidates upon the independent tick- ets. The independents had no way then of voting for their own candidates but that of creating a brand new" party. They might well say that they were pilgrims, that theirs was no continuing city. One of the greatest demonstrations of independent thought and action ever seen in this none too independent State, was the way in which the body of independent voters abandoned party after party to the pirates and transferred themselves to the new launched ship, seemingly without loss of strength in the process. The launching of a new party is an operation in which every practical citizen is likely to be called upon to assist, hence it should be described. The first thing the new party group must do is to name themselves and arrange to have the name recorded in such a way that no other group can dispossess them of it. The law ^ provides that any five members of a party may file an affidavit with the prothonotary of the county where the nomination papers are to be filed that their party has adopted a certain appellation. Thereafter this party will have exclusive right to the use of this name. Sometimes when it is evident that a new party is to be launched, an amusing scramble takes place to see who can first pre-empt a popular title. The classical in- (8) Act July 9, 1897, See. 1, P. L. 223. PARTIES IN PENNSYLVANIA. 205 stance of this was the birth of the Washington Party. In the summer of 1912 the National Progressive Party came into being. It was at once evident that a progress- ive party would be launched in Pennsylvania, and its great problem was how to get itself named by its friends. Its astute enemies, taking time by the forelock, had al- ready pre-empted the name Progressive as well as al- most every combination of Avords that might seem at- tractive to progressive voters. The task of getting a State- wide party named is almost staggering. As far as nominating can- didates for State offices is concerned, there is no special difficulty. It is only necessary for five electors to file their affidavit in the office of the pro- thonotary of Dauphin County. But where a new party is desirous of carrying on a campaign in the various counties also it is necessary to find five electors in each case to make the pre-emption for local purposes. It is necessary to do this simultaneously all over the State, else, as soon as the name to be used were disclosed, the enemy would be sure to capture it in some, if not many, counties. The same principle applies even down to wards and election divisions. In the case of the progressive voters in 1912, the name Progressive being in the hands of the enemy, it was deemed wise to pre-empt simultaneously in every county of the State three several names. So success- fully was this done, so vigorously yet so secretly was the work carried forward that all three were pre-empted in each county inside of twenty-four hours. The name Washington was selected as the most available of the three. The name ''Bull Moose" was also used by the same interests in order to allow of the straight ticket voting of certain local variations, and these two parties, born in a night, with their combined votes swept the State, leaving the Republican Party, whicli liad liitlierto 206 STATE GOVERNMENT IN PENNSYLVANIA. dominated the State so completely, to trail along after the Democrats. After the new party is named, it is necessary to prove that it has substance before it can be allowed a place on the official ballot. This is done by securing sufficient names to the petition placing the candidates of the new party in nomination.'' It is evident that the five electors who have pre- empted a party name in any district, control the situa- tion as far as nominations by the party whose name they have secured is concerned, for any petition which they refuse to endorse cannot avail to nominate under the name which they own. Occasionally this gives undue power to the five instruments of the party, but the diffi- culty soon rights itself, since, if the party receives the requisite vote at the election it achieves official recogni- tion as a party, and its future nominations must be made at the uniform primaries. (9) In the ease of state candidates, this number is one-half of one per. cent, of the largest vote for any officer elected in the State at the last preceding election at which a state officer was voted for, and in the case of local candidates, two per cent, of the highest vote for any officer elected at the last election in the locality. cf. Act July 9, 1897, See. 1, P. L. 223. CHAPTER XXI. REGISTRATION, NOT every person is an elector. Consequently it is necessary that some means be provided of ascer- taining who is entitled to vote, and of making- this information available to tlie officers who are charged with the conduct of the election. But, until recently, this work was very inadequately performed, Tlie lists were prepared by the assessors, and their accuracy de- pended entirely upon the activity and energj', to say nothing of the honesty of these officials. There is good reason to believe that these lists were sometimes delib- erately padded with names of non-eligible or even non- existent citizens, and it is an unquestioned fact that the lists always contained a considerable proportion of dead wood in the shape of citizens who had died or removed from the voting division. The names upon the as- sessors' lists which did not represent qualified voters, quite irrespective of whether such names found their place upon the list through fraud, neglect, or change of residence, could be manufactured into majorities by the use of repeaters. These ballot criminals were frequently residents of other States who came here to reap the har- vest of election day. They would be supplied with the names of the voters whom they were to impersonate and would go from division to division casting their ballot in the interests of those wlio employed them. When there were not enough names improperly upon the assessors' lists the ballot criminals had anotlier method which served their purpose equally well. This was to have some unauthorized voter impersonate some qualified citizen who had not yet voted. When the actual citizen did come, 207 208 STATE GOVEKNMENT IN PENNSYLVANIA. he was told that the record showed that he had voted already, and if he made a fuss he was threatened with arrest for repeating! But times have changed. Not long ago some election officers got into serious trouble for refusing to allow men to vote whose names had been fraudulently voted upon earlier in the day.^ It is interesting to note that such ballot fraud as still persists in Pennsylvania, is accomplished by crimes of stealth and not by police or military intimidation.- Just as the business world is never entirely free from fraud and banks have always to be on the lookout against the counterfeiter, so the ballot crook who works by stealthy means is difficult of detection. It is always possible, however, so to improve the machinery of election as to make crime increasingly difficult, just as the machinery of business is being constantly improved for the same purpose. Obviously the first step in securing an honest election is to provide a definite means for creating an absolutely correct register of the names of the citizens who are qualified to vote, and the only way in which this can be done is to require each citizen to present him- self at a definite time before a body capable of ascertain- ing his right to vote. There he establishes his identity and his qualifications, and places on record his signature for the purpose of providing means for his subsequent identification when he comes to vote. This process is knowTi as personal registration. To secure a law providing for personal registration was the goal for many years of the haters of ballot crime. It was not easy to secure the passage of such a law. As is so often the case with reforms, the first step necessary was an amendment to the Constitution. The makers of the Pennsylvania Constitution seem to have been much more anxious to prevent the exclusion of voters than the intrusion of repeaters. Accordingly, they provided (1) Commonwealth vs. Weiserth, 47 Pa. Super. Ct. 592. (2) Written before the Fifth Ward, Philadelphia, episode, (Sep- tember 17, 1917.) REGISTRATION. 209 that "no elector shall be deprived of the privilege of vot- ing by reason of liis name not being registered." They also provided that "all laws for the registration of elec- tors shall be uniform throughout the State. "•'• The first of these provisions prevented the passage of any regis- tration act and the second prevented any discrimination between the cities, where the registration act was needed, and the rural districts where it was not. Patient men worked upon this problem for years, and finally on November 5, 1901, the people adopted the re- quired amendment. Not yet, however, was victory achieved. The people liad been persuaded tliat personal registration was a desirable reform, but in this respect at least they were not represented by their Legislature. Finally came the special session of 1906, the penitential session, when the politicians were bowing before the storm of the people's wrath and anxious to placate it by passing whatever was known by the name of reform. Tlien was the fullness of time for personal registration, and the two acts upon the subject were passed, one for cities of the first and second class "* and one for cities of the third class.-'' Some amendments to the personal registration act were made in 1907 '' and 1911.' All the acts concerning personal registration for cities of the first and second classes were repealed in 1913, and a completely new act passed. "^ So it will be necessary to study only this act to have the whole law upon the sub- ject as far as Philadelphia, Pittsburgh and Scranton are concerned. Tlie rest of tlie chapter Avill be devoted to (3) Art. VIII, Sec. 7. (4) Act February 17, 1906, P. L. 49. (5) Act March 5, 1906, P. L. 63. (6) Act June 3, 1907, P. L. 395. Act May 25, 1907, P. L. 251. (7) Act June 16, 1911, P. L. 993. Act June 16, 1911, P. L. 1014. (8) Act July 24. 1913, P. L. 977. .4 210 STATE GOVERNMENT IN PENNSYLVANIA. a description of the personal registration act affecting these larger cities. The system in force in third class cities is of exactly the same nature and differs only in having more simple machinery and less expense of oper- ation. The voters in the State outside of the cities are listed by the assessors, as was done prior to the intro- duction of the personal registration system. Appearing before the registering officials and be- coming registered is now a sine qua non of voting in the cities. The object of this requirement of the law is threefold: first, to determine an intending voter's quali- fication at a time prior to election day, so that any con- troverted question can be determined by the court and the polling place relieved of the constant disputes over qualifications which were a feature of voting under the prior system; second, to provide a correct list of quali- fied voters for the guidance of the election officers; and, third, to furnish means by which the election officers and watchers can determine whether the applicant for a bal- lot is in truth the person he represents himself to be, The chief officers of the machinery created to put the personal registration act into effect are the registration commissioners, of whom there are four, composing the board of registration com- missioners. Not more than two of the commis- sioners may be members of the same party. This pro- vision was for the purpose of removing as far as possi- ble the temptation to partisan action, for which there can be no excuse in the work of preparing a list of voters. As there is no known way of insuring that the officers in charge of registration shall be non-partisan, the idea was adopted of making the board bipartisan or multipar- tisan. Perhaps this idea was adopted from the practice in Laputa as described by Gulliver, where, in order to limit the rancors of party, the heads of the leaders were sa^vn in two, and each half readjusted to the half of an REGLSTKATION. 211 opponent, and the married brains left to fif^lit it out be- tween themselves. In view of the fact that the board is composed of an even number of commissioners, the danger of deadlock would seem to be enormous, but whatever danger there is of this is more than overcome by the advantage de- rived from the fact that partisan action is still further guarded against, since no more than two members may- be of the same party and since a majority of the board is composed of three, at least one minority member must accede to everything done. Nevertheless, in the experi- ence of nearly a decade, there has been little trouble resulting from deadlocking of the board. Probably this is due to the fact that the commissioners recognize at the start that any possibility of action demands that they shall show a spirit of accommodation, and, since their duties require principally decision upon a number of con- crete cases, rather than the laying down of broad and fundamental principles, there is ample room for compro- mise without creating dangerous precedents. The commissioners not later than August 15th of each year appoint four registrars for each election district. These are the officers that do the actual registering of the voters. They must be duly qualified electors of the district in which they are to serve and must have been residents of the city for two years and of the ward one year immediately preceding their appointment. They must be sober and judicious, of good moral character, able to read intelligently and to write legibly. The regis- trars, like the commissioners, are distributed among the parties, and means are carefully provided in the law for adjusting the party relationship. The details of this adjustment are perhaps a little dry for the general reader, but are of the utmost importance to anyone in- terested in actual politics, because these officers are the only appointive officers with a frankly partisan qualifi- 212 STATE GOVERNMENT IN PENNSYLVANIA. cation, paid for out of public funds. The act intends that the registrars shall in effect be appointed by the parties to which they belong, the registration commis- sioners simply exercising a supervising power. The pro- cedure is as follows : Each party suggests to the com- missioner the names of two candidates for registrars. This suggestion is made by petition signed by five elec- tors of the district, and authenticated as coming from the party by the signatures of the president and one sec- retary of the ward executive committee, if there be such a committee, or, if none exists, by the officers of the city committee. The petition sets forth the names, ad- dresses, occupations and political affiliations of the per- sons suggested, and each candidate must swear to the truth of the facts set forth in the petition. If the candi- date is fit, the filing of his petition by a party who has a right to the places sought is all that is necessary to se- cure his appointment, for the commissioners have not power to appoint any others unless those nominated by the party are not qualified. However, the commission- er's power of supervision is not merely nominal, for it is mandatory that each applicant on his original appoint- ment, though not on reappointment, appear before the commissioners and be examined. Opportunity is given to the citizens living in the same district to protest the qualifications of the applicant. Even if the nominees of the parties are rejected, the parties are directed to sug- gest others, so that there can be but few cases where the registrars are not the direct representatives of the par- ties to which they belong. In order to prevent the situation arising where the commissioners would re- ject every suggestion made by a party, the law pro- vides that if two commissioners have concurred in ap- proving four persons successively to fill one position, and the other two commissioners have concurred in object- ing to such persons, the commissioners first referred to REGISTRATION. 213 may approve four other names, and from these eight, all having been suggested by petition, the other two com- missioners must select the registrars. To this extent the veto of the minority is modified, but in all other cases the board must act by a majority of its members. The registrars receive ten dollars a day, and as the day consists of a session from 7 to 10 A. M. and another from 4 to 10 P. M,, the heart of the day remains to them to attend to their private business. Thus, the ten dol- lars is rather attractive and capable men can be secured. As the registrars are appointed on political recommen- dation and as their duties acquaint them with all the voters in their district, and as they are well enough paid to make them desire the office, they are about the best material for building a party organization that exists. To ascertain what parties are entitled to registrars in any election district, it is necessary to examine the vote cast in that district at the last general election, that is to say at the last election at which State or national officers were voted for. As the last election may have been a municipal election, it may be necessary to go back nearly two years. The appointment of two of the regis- trars is the property of the party polling the highest vote within the district, and at least one of the registrars must be a member of the party polling the next highest vote. In practice where there are two great parties, two of the registrars will belong to each. When there are three im- portant parties, two registrars belong to the majority party in the division, one to the next strongest and one to the third strongest. A fact never to be forgotten by the voter is that he must register every year. Like vac- cination registration has a limited efficacy. In order to vote at an election in the fall it is necessary to have registered that very fall. It is not sufficient to have registered the previous spring, for the lists expire every summer, and the voter must renew his standing every 214 STATE GOVERNMENT IN PENNSYLVANIA. fall in order to be able to vote. Notwithstanding the number of years which have elapsed since the inaugn- ration of the registration system, there is still consider- able uncertainty on this point in the minds of many citizens. This is probably due to the fact that under the prior system a voter w^ho was once upon the assessor's list was generally carried there indefinitely, so that after having once seen that he was assessed the voter had nothing further to do with preparing himself to vote. The practical citizen will find it a considerable part of his duties to eradicate this error from the minds of the citizenship at large and drag them out to register when they think they are already qualified. The intent of the registration act is to make it as easy as possible for everybody to register. To this end each fall three days are provided on which the registrars sit. Each is fixed on a different day of the week. In case any citizen has been ill or absent upon all of the three days,^ he may present himself before the registration commissioner, who will enter his name on the list. The hours of regis- tration are made to stretch over a great part of the day so as to accommodate everybody no matter what the hours of their occupation may be. It has been found by experience that almost no election business of any kind is ever carried on in the middle of the day. Consequently the hours have been fixed from 7 to 10 A. M. and from 4 to 10 P. M., thus the registrars are not compelled to be on duty for more than nine hours, yet the registration books are open early in the morning and late at night. As the particular days of the week were sought to be fixed rather than the days of the month, the calendar dates of the registration days are not given in the act. The days are as follows : ^ In even numbered years (that is, (8) And in a few other cases, cf. Act June 18, 1915, P. L. 1027. (9) Act May 28, 1915, P. L. 576. REGISTRATIOX. 215 year of general election) ninth Thursday, seventh Tues- day and fifth Saturday before election day. These three days together are kno^^^l as the fall registration, and on the fifth AVednesday preceding the spring primary there is another registration day known as the spring regis- tration. In odd numbered years (years of municipal election) ninth Thursday, eighth Tuesday and eighth Saturday before election day. It will be noted that the registration days occur at a different period in odd num- bered and in even numbered years, the days being earlier in even numbered years and an extra registration day oc- curring in the spring. In odd numbered years there is no spring registration day. The reason for the extra registration day in the spring in even numbered years is the fact that in those years a primary is held in the spring, and this registration day is for the purpose of giving an opportunity to register to voters who failed to do so in tlio previous fall, or for voters wlio change their party allegiance to have that fact recorded. The differ- ence in other respects between the odd and even num- bered years for registration days is caused by the ne- cessity of avoiding conflict with the fall primaiy. The registrars sit in the same room in which the elec- tions are held. The citizen intending to register on en- tering the room faces quite a little group. Seated at tables are the four registrars with their two wide books called registers. The books are praotiaally identical and will afterwards appear at the election to make their contents available when needed. Standing about the room are the watchers. These are duly accredited rep- resentatives of the political parties and have a right to be present in order to see that everything is done in a legal manner. The citizen registering is first sworn to tell the truth in answering the questions to be put to him, and then the catechising begins. When the system was new some hastv citizens were inclined to charge the reg- 216 STATE GOVERNMENT IN PENNSYLVANIA, istrars with impertinence, and heated scenes were not uncommon. When asked whether he is lodger, lessee or owner, many a man has ''owner" at the tip of his tongue when he remembers that the house is in his wife's name. He cannot say lessee, for that is not the case, and finally he is driven to the public and official acknowledgment that he is merely a lodger in his wife's house. As long as voting is confined to men the questions concerning per- sonal description do not cause much difficulty. Among them are a question as to color, one as to weight and one as to age. What will happen when women are compelled to w^rite themselves down as fair, fat and forty, must be left to conjecture. No blame, however, can attach to the registrars, as they ask only the questions necessary to elicit the information required by the statute. The most important thing that the registrars want to know about any person who applies to be registered, is whether he is a qualified elector, and it is now neces- sary for us to consider the various qualifications as set out in the Constitution.^*^ In the first place the applicant must be a male citizen of Pennsylvania twenty-one years of age. Strangely enough there is nothing in the Constitution to tell us what a citizen of Pennsylvania is. Practically every club, association or corporation has something in its charter or by-laws to designate who may be members, but the Constitution of the Sovereign State of Pennsylvania is silent on the subject. Probably the reason is that the Fourteenth Amendment to the United States Constitution covers the ground so completely that there is no practical reason for a State Constitution to (10) Const., Art. VIII, Sec. 1. In a book describing' Pennsylvania as it is, Woman Suffrage must still remain in a foot note. But not for long. The enormous vote given in the election of 1915 for the suffage amendment to the constitution indicates that the progress of a few years will suffice to wipe out the illogical discrimination against women in the ex- ercise of the franchise. REGISTRATION. 217 treat of the question at all. The opening words of that great amendment, the American Magna Charta of op- pressed people, are these : ''All persons born or natural- ized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." Since no State has any practical interest in admitting to citizenship people who have neither been born nor naturalized in the United States, and since all who are so born or naturalized are citizens whether the State wants them or not, there is really nothing more for a State to say on the subject. For the purposes of the politician at the polls, "citizen of the United States residing in Pennsylvania" and "citizen of Pennsylvania" are synonymous. The age limit is the usual one of full legal age, twenty- one years. It is only necessary to point out in this con- nection that since the purpose of registration is to find out who will be qualified on election day, if a voter is not yet twenty-one on registration dsLj but will have reached that age on or before election day, he is entitled to be registered. In addition to being a male citizen of the State twenty-one years of age, the elector must have four ad- ditional qualifications. He must have been a citizen of the United States at least one month, he must have re- sided in the State one year (unless he was previously a qualified elector or native born citizen of the State, in which case a residence of six months is sufficient), he must have resided in the election district wliere he of- fers to vote at least two months immediately preceding the election, and if twenty-two years of age he must have paid a State or county tax, which must have been as- sessed at least two months and paid at least one month before the election. The naturalized citizen is required to produce his naturalization papers, the decree of the court admitting 218 STATE GOVERXMEXT IX PEXXSYLVAXIA. liim to citizenship. In order to prevent unnecessary trouble lie is not compelled to do this every time he registers in the same division. The class of persons to whom such a requirement causes the most trouble is composed of those who were under age at the time their fathers were naturalized. The citizenship of the father carries with it the citizenship of the minor chil- dren, but provides them with no papers. This class is required to exhibit the naturalization papers of their fathers when they can obtain them, but if they are un- able to do so, their affidavit to that effect is accepted in- stead. The requirement that the voter must have lived a year in the State is for the purpose of preventing coloni- zation of voters before election. If any citizen of the United States that happened to be in the State at the time could vote, some enterprising politicians might in- vite over a large part of the State of New Jersey. Tlie qualification of the requirement in favor of those who have formerly been voters of the State, reducing their time on the waiting list to six months, is sometimes over-, looked, because the requirement of a year's residence is so firmly fixed in the mind. Anyone who has once lived in Pennsylvania naturally hopes to get back again, and to encourage these the State holds out the prospect of no long wait before they can resume the full privileges of citizenship. The qualification for voting which is apt to cause most annoyance is the requirement that the voter must have resided in the election district for two months prior to election. This provision was undoubt- edly inserted in the Constitution as a means of raising some probability that the voter would be known in the district and so could be identified. The system of per- sonal registration has greatly reduced the necessity for this provision, but has not reduced its ability for giving trouble. The chief sufferers are the earlv fall movers. REGISTRATIO X . 219 Tliey may only move across the street, but if that street is the dividing line of an election district, they are dis- franchised for the time being.^^ Just exactly what constitutes residence in an elec- tion district is somewliat doubtful. The ordinary hard- working plain-living citizen has no difficulty in telling where he lives, but the magnate who has ''four houses but no home," who considers liis vote more needed in one county but the assessors more lenient in another, is sometimes at a loss to decide. Another class that gives rise to this question is that of the politicians who can control votes in one place but who do not care to raise their children there. The question is more acutely raised in their case because their political opponents who do not want them to control the votes are apt to try to prove that they are not residents. AVlien the matter is pressed so far as to get to a jury it generally happens that the jury will decide that the man lives where he says he does, that is, unless he has tried to maintain two voting residences. Of course, some kind of a domicile must be established to give color to the claim of residence. A rented room, or even a razor has sufficed. The final qualification is that the voter, if twenty-two years of age and upwards, must have paid a State or county tax, which shall have been assessed at least two months and paid at least one month before election. Be- tween twenty-one and twenty-two years of age the voter is not required to have paid any tax, and during that time is spoken of as ''voting on age." This requirement of tax paying is the last vestige of the old property qualifica- tion idea still in great vigor in Prussia and to a less extent in England. Whatever value the ])ossession of property may have in improving the quality of citizenship, this (11) It is well to note in passing that the time of residence in the district is two months, not sixty days as is often stated. The difference is not much, but might be decisive. 220 STATE GOVERNMENT IN PENNSYLVANIA. provision of the Constitution utterly fails to secure it. If taxes were assessed only on real estate or on stocks and bonds and tangible property, a tax receipt would be evidence of the ownership of a certain amount of prop- erty, but this is not the case when the voter is qualified by a poll tax receipt.^- This poll tax is fifty cents a head, and as it is necessary only to pay it every two years, the minimum tax paying necessary to qualify a voter is twenty-five cents a year. Even this nominal sum might discourage from the polls the absolutely shiftless, were it not for the fact that unscrupulous politicians have fre- quently purchased receipts in large numbers and so qualified thousands of the least valuable class of citi- zens. On the other hand, many worthy citizens who are not real estate owners but, though they pay large amounts of taxes indirectly, neglect to procure poll tax receipts, are debarred from voting. Thus the practical operation of this provision is to debase rather than ele- vate the electorate. It is a sham. While pretending to restrict the electorate to tax payers, in effect it throws it open to all citizens, but gives an advantage to those who are depraved enough to accept a bribe in the way of a free tax receipt. Shams are seldom harmless. How much better it would be if our Constitution were to de- clare that the citizen voted because he was a man, not because he had property. Some day we may attain to this.^'' (12) Here poll is used in the old sense of head, and has no re- ference to the voting place, although the use of the poll tax to qualify for voting makes it easy to confuse the two meanings. (13) Even in eighteenth century England, vphen voting was entirely in the hands of the property holding class, the law in this respect was evaded. King George III, who marks the transition from King to Boss, was an expert, as is well illustrated by a portion of a letter from him to the Secretary of the Treasury in May, 1780, cited in Trevelyan's work "George the Third and Charles Fox, vol. I, p. 217. Longmans, Green & Co., New York, 1912, as follows: — "Lord North acquainted me with his wish of supporting Mr. REGISTRATION. 221 The personal registration system stops short of re- quiring Bertillon measurements or thumb-prints or photographs, but barring these, pretty nearly everything else is required. The first space in the register records the surname, and the second the Christian name." It is not stated how a heathen would meet this requirement. Then the voter is asked his occupation and residence. After giving the street and number, he is asked whether he is a lodger, lessee or owner. When the man who has his house in his wife 's name has finally come to the reali- zation that he is only a lodger, it adds to his warmth to be compelled to state what room or floor he occupies. But the question is number six and must be answered. Questions bearing on personal description are not omit- ted. The voter's color, approximate age and approxi- mate weight are all duly recorded, and wliether he is tall, short or medium. To complete the identification, the voter signs his name.^^ If there is any doubt of his identification on election day, the voter is scrutinized and compelled to sign his name again for purposes of com- parison. The ordinary repeater is not a skillful forger. If any doubting Thomas at the registration feels that the voter is not sufficiently described, or if he wants to have a little fun at his expense, he can challenge him, and the voter then is put through the ordeal of the chal- lenge affidavit. The information required in this affi- davit is even more intimate than the matters previously inquired into, and in addition the registrar must take a Pouney for the borough of New Windsor. I shall get my tradesmen encouraged to appear for him. I shall order, in consequence of Mr. Robinson's hint, the houses I rent in Windsor to stand in the parish rate in different names of my sen'ants, so that will create six votes." (14) An initial is not sufficient. Solo's registration 20 Dist. 553. (15) If the citizen registering alleges inability to write, a record of this fact shall be made in the same column, and unless due to some apparent physical deformity, he shall be required to make affidavit of his inability to write. Personal Registration Act. Sec. 7. 222 STATE GOVERNMENT IN PENNSYLVANIA. good look at him and jot down the following information, as well as he is able, ''distinguishing marks," "other peculiarities," "color of hair." After a registrar has duly marked down the distinguishing marks, he Avould need strong powers of observation to find any other peculiarities. What he would do if color blind about the question of the color of the hair, or how^ far he is respon- sible for an accurate noting of shade, has not been de- cided. As there are four registrars, and only two books or registers to be kept, the other registrars need something to do. They are required to work up the registers into street lists. These lists have the names arranged in the order in which the dwellings of the voters appear upon the streets of the district. One of these lists is hung upon the door of the polling place for the infor- mation of the general public, and the other is returned to the County Commissioners, whose duty it is to have printed one hundred copies for each district for public distribution. These lists are of inestimable value to the practical politician. They form the basis of his door bell pulling campaign, and enable him to know who lives in every house in his bailiwick containing a registered voter. It gives hun an absolute list of the qualified vot- ers of the district and he is saved the time hitherto lost in dragging men to the polls only to find that, for some reason or other they have no right to vote. Anyone who does not possess such a list could hardly be called a prac- tical politician. Thus the list of voters is made up and we w^ill proceed to a description of the occasion upon w^hich it is used. CHAPTER XXII. THE PRIMAKV ELECTION, IN a former chapter, we have emphasized the fact that a party is a voluntary organization of citizens, and have also pointed out that the very nature of the party principle produces certain evils, the greatest of which is the fact that a party organization frequently serves as a tool for the effecting of ends differing from those for which it was created by the voters. Among the methods by which it is hoped that this evil can be re- moved is the legal control of the party notwithstanding' the fact that it is a voluntary association. The legisla- tion resulting from this effort makes such important changes in our electoral system and creates so many election details, to know which is essential to the practi- cal citizen, that we must devote a chapter to a descrip- tion of it. The legislation referred to is known as the uniform primary act. The word '* uniform" in its title indicates the trend of conception which it introduced into the law. Primary elections have been known as long- as parties, but they were regulated entirely by party rule, and consequently, every party had its own time and place for holding the primary elections and their own methods of conducting them. Indeed, it was frequently the preference of the various petty leaders of the party to have the primaries held at a time and place unknown to the better element of the party, so that none but tried and true henchmen would have an opportunity to vote. The various primary elections were anything but uni- form. The purpose underlying the uniform primary act was to control the party machinery in such a way that every voter would have a full opj^ortunity to take an 223 224 STATE GOVERNMENT IN PENNSYLVANIA. untrammeled part in the management of the party of his choice. The law has done as much in this direction as law can do. There is nothing to prevent a voluntary asso- ciation totally unregulated by law from springing up for the purpose of controlling the actions of the party which is law controlled This is exactly what takes place and under the vari- ous names of ''the organization," "bosses," "round-table conferences,"^ all sorts of unregulated internal party management goes on. The redeeming feature of the pri- mary system, however, is that an opportunity is given to the citizenship at large at the primary to review and control the actions of the unregulated leaderships. An- other way of escaping regulation would be to organize a party with officers whose names and functions are un- known to the law. It would be diverting and refreshing if a party, discarding pretence for actuality, were to provide in its rules that, instead of a State Committee, the mem- bers of which are required by law to be elected at the pri- mary, the directing entity should be a "big boss"; that there should be two "municipal contractors," and, sub- ordinate to these "ward heelers" and "henchmen." Such a party would need to have the assistance of a recognized party to get its candidate, on the ballot, but with that technical exception it would be a full fledged party unhampered by legal restrictions. The first uniform primary act,^ like the personal registration act, Avas passed at the penitential session of 1906. This act covered all offices, including party offices, except those voted for by the people of the State as a whole. The session of 1913, which was strongly under the influence of progressive ideas, enlarged the primary system to include absolutely all officers which the peo- ple were called upon to elect. The act of 1913 known as (1) Act February 17, 1906. P. L. 36. THE PRIMARY ELECTION. 225 the State-wide Primary Act - is the legislation on this subject now in force. In addition to extending the sys- tem to all the offices in the State, this act also provided a means whereby the voter could express his preference as to candidates for the office of President of the United States, and when having this aspect of the act in mind, it is frequently spoken of as providing a "preferential primary." The application of the i:)rimary system to the presidency marks a very distinct forward movement between the years 1906 and 1913. Within that time the Seventeenth Amendment to the Constitution of the Uni- ted States had been passed, which provided that Sena- tors should be elected by the people. An act dealing with the subject only of the election of Senators in Pennsyl- vania, was adopted " and also provisions for the nomi- nation for United States Senatorial candidates were in- cluded in the State-wide primary act just mentioned. Under the provisions of the uniform primary act all the candidates of a party which is in existence when the primary election is held must be elected at the primary. The act is careful, however, to provide that the process of forming new parties and the making of nominations for such new parties by petition shall not be disturbed. If this provision had not been made, it would have been impossible to organize any new parties, since to be recognized at a primary a party must have polled a certain percentage of the votes, and a party not yet in being naturally could not qualify under this re- quirement. An exception to the requirement that all candidates shall be nominated at a primary is the case of candidates for presidential elector. They are not nominated at the primary, but are appointed by the party's candidate for president. vShades of our Consti- (2) Act Julv 12. li)13, P. L. 719. Amended. Act May 18, 1917, P. L. Act July 6, 1917, P. L. (3) Act July 24. 1913, P. L. 995. 15 226 STATE GOVERNMENT IN PENNSYLVANIA. tution builders ! What if they had known that the tables would be so turned that the presidential electors, that college of substantial citizens who are picked for the signal honor of naming the nation's chief, should ac- tually be chosen by the man whom they were afterwards to elect.^ Under the old system of unregulated primaries only an insignificant section of the party voters ever partici- pated at all. Primary fights were sometimes conducted by opposing factions of practical politicians, but the citizenship at large despaired of ever effecting anything b}^ means of the primary. The bad tradition so engend- ered has persisted to the present time, and it is extreme- ly difficult to secure a really adequate vote at the pri- mary. Many citizens still act as if they thought the pri- mary elections non-important. The practical politician knows them to be all important. He is glad to say, ''Let me nominate the candidates, and I care not who elects them." As a matter of fact, the real act of discrimina- tion is performed at the primaries. There the voter is not faced by questions of party regularity or party suc- cess. He has before him merely the names of the candi- dates. At the election he will be pressed by larger con- siderations than the fitness of the particular candidates. Hence he swallows much that is nauseous on a party ticket. But at the primary he need only consider in- dividual fitness. The horse is not yet stolen and the stable door can still be locked. Alas ! So many voters wait till it is too late and at election must make choice merely between two evils. Preceding each regular election is a primary election for the selection of the candidates to be balloted for. In arranging the time for the primaries, many things have to be taken into consideration. The primaries ought not to be so near the election that there is insufficient time (4) Act July 12, 1913, P. L. 719, See. 18. THE PRIMAKY ELECTION. 227 in which to have the votes counted by the return officers, to certify the results and to have the ballots printed, to say nothing of adequate time in which to conduct a rea- sonable campaign. On the other hand, they should not be so far distant from the election as to make the cam- paign too protracted, with the attendant danger of changed circumstances making nominations fail to rep- resent the real desires of the parties at the time of the election. Then the primary' date must be harmonized with the registration days, also they must have refer- ence to happenings without the State also. The chief of these is the national convention. When the law under- takes to give the voter a chance to express preference for a presidential candidate, it is obvious that it would not do to have this preference expressed after the meeting of the national convention that made the nomination. It is this consideration which dictated the placing of the primaries in even numbered years (the years of na- tional and State-wide elections) so early as the third Tuesday of May. In even numbered years when there is no presidential election, it is still well to have the whole summer in which to conduct a State-wide cam- paign. In the odd numbered years (years of the local election) the primary is held on the third Wednesday of September. This leaves only a month and a fraction for the campaign. The primary could not well be held earlier without coming in the heat of tlie summer, wlien so many people are on vacations. Even as it is, some of the registration days are tlirown too far back into the summer. Tlie primary in May is officially known as the spring primary, and that in September as the fall primary. At the spring primary are nominated not only the candi- dates to be elected at the general election, but also the State committeemen of the several parties, and, in ap- propriate years, delegates and alternates to tlio national 228 STATE GOVERNMENT IN PENNSYLVANIA. convention. Also, in cases where the party rules re- quire, national committeemen are elected at the primary. While it would be legally possible for a national conven- tion to refuse admittance to delegates elected at a pri- mary election and seat others elected in some other way, the experience of the Republican Convention of 1912 in doing this, was not such as to encourage its repetition. The purpose of the primary being to assure to the voter a fair chance to have his voice heard in the coun- sels of the party, the primary elections are governed by the same laws which apply to the regular elections. The same election officers serve, the same polling places are used, and the same election paraphernalia is on hand. Since the contest at the primary is between the candi- dates and not between parties, the watchers are commis- sioned not for their party, but for whatever candidate they are especially representing. It is perhaps fortu- nate that each candidate does not usually appoint watch- ers, else when there were many candidates, the watchers would quite crowd out the voters. With these safe- guards, the primary election is as accurate a reflection of the will of the party voters as can now be devised. The most noticeable difference between a primary and an election is the fact that instead of one ballot carrying all candidates, as appears at a regular election, there is a separate ballot for each party. While not so intended, this party ballot is in reality the beginning of the education of the citizen in the use of the pure Aus- tralian ballot, upon which there is no party distinction.^ Since all the voters on any one ballot belong to that party, straight party voting has no place, and the voter must examine each name and mark his ballot according to his judgment of the several candidates.® Another (5) See sample primary ballot on another page. (6) By an amendment of the primary act a candidate may have his occupation added after his name, if likely to be confused with a THE PRIMARY ELECTION. 229 way in which the primary election differs from the regu- lar election, and in so differing improves upon it, is in the matter of assistance to voters. The Constitution guarantees secrecy in voting,'^ and does so for the pur- pose of having the ballot express as far as may be the individual voter's choice, uninfluenced by extraneous considerations. This secrecy, naturally, is distasteful to those who desire to influence the choice of the voters, and to see that they stay influenced until the ballot is actually cast. The briber and the intimidator both find their work nullified when the ballot is cast in secrecy. The assistance of a voter is frequently a mere cloak for the destniction of the secrecy of the ballot. In the gen- eral election law the privilege of assistance is provided for in the following words : ''If any voter declare-; to the jiuliie of election that by reason of any disability he desires assistance in the preparation of bis ballot, he shall be permitted by the judge of election to select a qualified voter of the election district to aid him in the prepara- tion of his ballot; such preparation being made in the voting compartment." ^ Under this provision a voter has merely to state to the judge that he suffers under a disability and assist- ance is granted. That the voter really suffers from no disability makes no difference, for the voter has been held to be the judge of his o^voi disability.^ This judicial interpretation has made any protestor so helpless that in practice every request for assistance is granted, and not infrequently assistance is thrust on the unwilling. similar name. Act June 18, 1915, P. L. 1025. The same provision is made for the non-partisan primary and election by Act June 18, 1915, P. L. 1046. (7) Art. Vin, Sec. 4. (8) Act June 10, 1893, Sec. 26, P. L. 432. (9) Commonwealth vs. Gallagher, 19 Dist. 149. Beaver Co. Elections, 12 Pa., C. C. 227. There is, however, good authority to the contrary. Election instructions 2 D. R. 1, Fadden's Case. 3 Lack.. L. N. 74. This matter is of vital importance and ought to be passed on by the Supreme Court. 230 STATE GOVERNMENT IN PENNSYLVANIA. So the briber and the intimidator have but to see that their victim gets assistance from a trusted source to work their will. Frequent attempts have been made to eradicate this evil, but in vain. Only when the Legislature is in such a mood as at the penitential session of 1906 can such a thing be done. At that session the general election law was not under consideration, and improvement could be made only in the uniform primary act. The same im- provement was retained in the State-wide uniform pri- maiy act and is now the law expressed as follows : ** Pro- vided, that no elector shall be permitted to receive any assistance in marking his ballot unless he shall first make an affidavit that he cannot read the names on the ballot or that by reason of physical disability he is unable to mark his ballot." ^^ By this provision two classes alone are permitted assistance, the illiterate and the physically incapable. The latter class, of course, by reason of their misfortune ought to have every consideration, but it is hard to see why anyone unable to read should be given special privileges in voting. In some rare cases it might be that an illiterate man's vote would be valuable, but in this time of free schools and even compulsory educa- tion the great mass of illiterates must be densely ignor- ant and not fit to exercise the franchise. While a direct literacy test would be difficult to establish and uncertain in its operation, there is no reason why an indirect liter- acy test should not be imbedded in the law simply by re- moving the right of assistance to those unable to read. It is not difficult for a candidate to get his name upon the primary ballot. He has but to secure a small num- ber of signatures of people who are willing to ask that it should be done. As the primary is a party affair at which only enrolled party members can vote, it is, of course, logical that only party members should sign peti- (10) Uniform Primary Act, Sec. 2. THE PRIMAKY ELECTION. 231 tions for placing names on their party ballot at the pri- mary. Each voter exhausts his right to sign petitions as soon as he has signed one for as many candidates as there are persons to be elected to the office; for instance, as but one person is to be elected to the office of Gover- nor, a voter can sign but one petition covering this office, but if four councilmen are to be elected from a ward, a voter may sign the petitions of four candidates. Peti- tions are usually circulated by persons who make this work a specialty, and as the need for petitions seems to grow with modern legislation the profession of '' peti- tion pusher" grows more remunerative. The petition must be verified by the affidavit of someone who knows, stating that the petitioner signed with full knowledge of the contents of the petition and that the facts set out in the petition are true. It might seem a little strange to require an affidavit that the persons signing the peti- tion knew what was in it, but experience demonstrates that a skillful canvasser can get people to sign almost anything. There is a story current at the Legislature that a member once obligingly signed a petition at the request of a colleague, and was the butt of considerable ridicule when it transpired that the petition was ad- dressed to the Governor and prayed for the signer's own hanging. Another affidavit which must be attached to the peti- tion is that of the candidate signifying his willingness to run. This is to prevent the ballot from being cumbered with fake or unauthorized candidacies. The method by which voters in Pennsylvania may now express their preference for candidates for Presi- dent of the United States is interesting as an example of how a thing may be done indirectly when it is not pos- sible to provide for it by direct means. The President of the United States is elected by a college of presi- dential electors, and it is these electors only who are 232 STATE GOVERNMEXT IN PENNSYLVANIA. voted for by the people of the several States. By means of the party system the candidates for whom the elec- toral college Avill cast their votes are determined by na- tional party conventions and anyone who would influence the choice of a president of the United States must be- gin by influencing the composition of the national party convention. Up until the enactment of the State-wide uniform primary act the individual voter had no control over the action of the national party convention whatso- ever except in the election of the delegates. There was no way of instructing the delegates by the party mem- bers and it was frequently the practice for candidates to run for the position of delegate to the national con- vention without indicating in any way whatsoever what candidate he favored. This condition was especially valuable to party leaders who were thus enabled to con- trol many votes in the convention without the embarrass- ment of direct instructions from the people. Under the present law in Pennsylvania while candidates for the na- tional convention are not compelled to put themselves on record as favoring any particular candidate for presi- dent, they are given the privilege of making a formal statement that, if elected and in attendance as a dele- gate to the national convention, they will with all fidelity to the best of their judgment and ability in all matters coming before the convention support that candidate for President of the United States who shall receive the highest number of votes cast in the district in which he is running. An opportunity is afforded on the ballot for the voter to indicate the person whom he desires to be the candidate for president, and if the delegates are elected who have signed this declaration they are morally bound to vote in the national convention for the man re- ceiving the highest number of votes in their district. It is still too early to know definitely how this provision will work in practice. In well bossed communities it is prob- THE PRIMARY ELECTION. 233 able that the candidate for national convention will not make the statement, but will remain unpledged as be- fore, but in ordinarily independent districts it is not likely that any candidate could be elected who would re- fuse to make the statement, and in such districts all the candidates would agree to abide by the will of their dis- tricts. Should all the other States, or even a large ma- jority of them, adopt this principle, the national conven- tion will come to resemble the electoral college and will cease to have a deliberative function and will be merely a registering device. How such a convention would escape eternal deadlock, it is difficult to say. Under the pure convention system it was quite normal for a large num- ber of candidates to be voted for on the first ballot, each State having its favorite son, but, on subsequent ballots, those who had voted at first for hopeless candidates would change to their second choice, and changes would continue until someone gets a majority. Under the pref- erential primary system if voters instructed at the pri- mary may not change (as presidential electors may not change), perpetual deadlock is certain, but if they may change after the first ballot, their instructions are nuga- tory and they might as well not have been instructed at all. Probably the question will be solved gradually, since the States will not adopt the preferential system all at once, although the tendency of the times seems to point inevitably to that or some similar scheme of popu- lar control becoming universal. When the voter arrives at the polls on the day of a primary election, he finds the ballots of each party bound in a separate book and lying on a table. The act provides, "Each elector shall have the right to receive the ballot of the party for which he asks; provided, that if he is challenged, he shall be required to make oath or affirma- tion that, at the last preceding election, at which he voted, he voted for a majority of the candidates of the 234 STATE GOVERNMENT IN PENNSYLVANIA. party for whose ballot lie asks." ^^ It is undeniable that this clause is ambiguous. It seems to suggest — indeed, the literal meaning of the words is, that a voter may have any ballot irrespective of his party affiliations, unless someone protests. This was the interpretation put upon it by many voters when the same provision appeared in the primary act of 1906, but the matter is no longer doubtful, for the enrollment act ^^ clearly states that no person enrolled as a member of one party may have the ballot of another party. When vacancies happen after the primary they are filled by the parties according to their own rules. One difference between the procedure in the primary and the election is that the votes are canvassed and com- puted in the case of the primary by the county commis- sioners, and in the case of the election by the judges of the common pleas court sitting as return judges. Since the uniform primary acts were adopted in the interest of reform, it was possible to include in them numerous improvements, which, though apparently slight, were in reality important. The paragraph of the law making it more difficult to give unnecessary assist- ance is one of these, and the provision of the law in refer- ence to opening the ballot box is another. The shadow which rests upon our whole election procedure is the fact that it is made very difficult to have a ballot box opened and the count verified. The purity of the ballot ought to be absolutely above suspicion, and instead of making it difficult to have a ballot box opened and the contents recounted, it would be far better if the law would provide that a certain number of ballot boxes, de- termined by chance, must be opened at each election. Nothing would go farther towards discouraging crime at elections than the knoMdedge that detection would be (11) See. 13. (12) Sec. 9. THE PRIMARY ELECTION. 235 easy. The men who secured the passage of the uniform primary act were practical men who had had very dis- couraging experience in trying to have suspicious ballot boxes opened, and consequently, in drawing the new act, they took good care to provide an easy method by which the primary ballot boxes could be opened. The subse- quent history of this clause is enlightening. The pro- vision of the law as originally enacted is as follows: '^Upon petition of ten qualified electors of any county, setting forth that fraud has been committed in any elec- tion district of said county, together with a statement of the reasons why such an assertion is made, it shall be the duty of the county commissioners to open the ballot box of the said district and to recount the vote.^^ It would seem clear enough from this phraseology that if ten voters in the district believed that fraud had been committed and would so state, together with their reasons, that there was nothing for it but that the ballot box should be opened. The Supreme Court, however, decided that the duties of the county commissioners in this regard, are not merely ministerial but that the act vests in them a discretion to determine the sufficiency of the petition, and to reject any irregular or groundless applications.^^ Of course, as the detailed evidence of the fraud was inside the ballot box, the new law so interpreted was not much better than the old one. The next time the Legis- lature got a chance they proceeded to put the law in such a shape as to overcome the difficulty raised by this interpretation, and so they provided, ''Upon the sworn petition of five qualified electors of any election precinct, division or district, that any specific act of fraud, which, upon information which they consider reliable, they be- lieve has been committed in any election precinct, divis- (13) Act February 17, 1906, part of Sec. 11. (14) Madden vs. Moore, 228, Pa. 503. 236 STATE GOVERNMENT IN PENNSYLVANIA. ion or district of the county, the court of common pleas of said county shall order the county commissioners to open the ballot box of said election precinct, division or district and recount the vote." ^^ The changes made by this legislation were to reduce the number of petitioners from ten to five, to provide that the petitioners need only have information which they consider reliable, and they must only specify fraud which they believe has been committed. Also, instead of the petition being directed to the county commissioners in the first place, it is made to the court who shall order the county commissioner to open the ballot box. A further most significant change made in the law by this statute was that the five petition- ing electors might be of any district and not necessarily of the district the ballot box of which it was sought to open. Anyone who is familiar with practical election details knows that in the district where fraud is most likely to be perpetrated there is the least possibility of finding five citizens of sufficient backbone to institute the proceeding for the correction and detection of the fraud. Startling election frauds at the primaries of 1915 in Pittsburgh resulted in litigation which put this latter provision to a supreme test. It was contended by the eminent attorney for the parties who felt that their best interests would be preserved by preventing the opening of the ballot boxes that the law should be interpreted to mean that petitions for recount must be made by five electors in the district where a recount is asked. The court in its opinion shows how hard it is for the judicial mind to shake off the idea that there is something wrong about the opening of a ballot box. The court said, in part: "It is argued en the one part that the legislature could not have meant to authorize the opening of a ballot box upon the petition of five electors of some other precinct, and that, there- (15) Act April 6, 1911, P. L. 43, Sec. 4. THE PRIMARY ELECTIOX. 237 fore, the allegation of fraud in "any" precinct must be construed to mean an allegation of fraud in "such" precinct or precincts. "And it is argued on' the other hand that as the legislature has used the term 'any precinct' in this connection, its words must be taken in their ordinary sense." "There is much force in each of these contentions, and the act might bear either interpretation." It is somewliat difficult for the non-judicial mind to see why the first argument has any force whatsoever, for there is no inherent reason why five electors of one pre- cinct should not petition for the opening of a ballot box in another district, in fact, it is most normal and natural that they should do so, since the citizens who are willing to take the trouble to contest election frauds are more apt to be found in a district where fraud does not occur, than in the districts where it does. However, the court finally comes out on the right side and concludes the argument by saying : "We are of the opinion that it ought to be interpreted to further its general purpose, which is to preserve the sanctity of the ballot." 16 The Supreme Court has taken the same position by affiiTning the opinion of the lower court in this case.^' Notwithstanding the care of the Legislature, how- ever, a loophole was still left. The draftsman had made a mistake in referring to ''specific" acts of fraud. As long as the evidence lies securely locked in the box it is difficult to be sufficiently specific. So the Legislature tried it again, and made the following significant changes :^^ The word ''specific" was omitted, so that the allegation of any fraud believed to have been com- mitted is sufficient, and then, fearful that the discrepancy that awakened the suspicion of the petitioners might be (16) Newspaper report appearinii in the Philadelphia Public Lodger, Thursday, September 30, 1915. (17) Braddoek Borough Election Case. 251 Pa. 110. (18) Act July 12, 1913, P. L. 719. Sec. 16. 238 STATE GOVERNMENT IN PENNSYLVANIA. set down to error, and so not come under the statute, the words ''or error" are added. NON-PARTISAN PRIMARIES AND ELECTIONS. The non-partisan primary and election act ^^ repre- sents the current of election reform running counter to that represented by the party enrollment act. The non- partisan act affects only judges (including judges of the Supreme Court and Superior Court) and officers of cities of the second class. It would appear evident on the face of the act that it must be the mangled remains of a more comprehensive bill. That judges should be elected with- out reference to party is easy to comprehend. And it is not hard to understand why municipal officers should be elected on a non-partisan ballot, but it seems a little peculiar to limit the non-partisan system in municipal affairs to cities of the second class. The surface indica- tions are the truth. The non-partisan bill when intro- duced was a comprehensive and logical bill. Its voyage was stormy, and it came to port not without loss of cargo and rigging, but the important element, the non-partisan principle of election to office where party has no place, was preserved. When the non-partisan act becomes more familiar it will not appear intricate or confusing, but amid the revo- lutionary changes of the election laws made by the Legis- lature in 1913 it has not seemed to be well understood, and for this reason many refrain from voting for the non-partisan offices. In the non-partisan system the idea of a primary as a party function is entirely lost sight of and the theory substituted of a trial heat, or elimination race, where (19) Act July 24, 1913, P. L. 1001. Held constitutional in Winston vs. Moore, 244, Pa. 477. Amended by Act May 18, 1917, P. L. THE PRIMARY ELECTION. 239 tlie hopeless candidates are weeded out and only the real contestants are allowed a place on the final ballot. This accomplishes in a clumsy, expensive and round- about way what could be done better by a system of transferable voting whereby the voter marked his first, second, third choice, etc. This subject lies very close to that great electoral reform which will come with time, proportional representation, but as we are describing things in Pennsylvania as they are, rather than as they should be, we must pass this by. It will be remembered that the voter, when he regis- tered, was asked as to his party affiliations. If he cared to state his partj^ membership he was registered as a member of that party. But if he did not, no party mem- bership was recorded for him. Consequently, at tlie succeeding primary, two classes of voters appear, those who w^ere registered as party members, and those who were registered without any party affiliation. The party members are furnished with the ballot of their own party — for there is a separate ballot for each party — and in addition are given a non-partisan ballot contain- ing the names of the candidates for the offices covered bj^ the non-partisan act. The second class of voters, not being registered as members of any party, cannot par- ticipate with any of the parties in choosing its candi- dates, but are restricted to voting the non-partisan bal- lot. Somehow the idea seems to have spread abroad that voters who do not declare their party connection cannot vote at the primary election at all, but tliis is entirely erroneous. Such voters have the same right as any oth- ers to vote the non-partisan ballot. When for any office covered by the non-partisan act one person is to be elected, the two persons receiving the highest number of votes on the non-partisan ballot at the primary, become the nominees. And, in general, twice as manv nominees are taken from the highest on the list 240 STATE GOVEENMENT IN PENNSYLVANIA. as there are persons to be elected. There is one rather singular exception to this. There is a provision in the act that in a case where one person is to be elected to an office, and some candidate gets a majority of the votes cast for that office, and also a number greater than one-half of all the ballots cast at the primary, he shall be the sole nominee. The purpose of this provision is ostensibly to obviate the necessity of a candidate going through the trials of an election when he has already demonstrated that he is the popular choice by obtaining a majority of all the votes cast at the primary. If every voter attended the primary, there would be no flaw in this reasoning, but every practical politician knows that the primary vote is always much less than the vote at the election. Unfortunately. 1;he difference is largely ac- counted for by the fact that the independent voter, the man with whom politics is not a trade, and who, there- fore, is a disinterested voter, is prone to stay away from the primary. Consequently, a candidate might easily receive a majority of the votes cast at the primary and still not be the popular choice. For this reason this pro- vision in the act must be condemned, although at the same time it must be admitted that the fundamental difficulty lies with the voters themselves for not partici- pating in the primary. At the election a separate ballot is no longer used, but the candidates nominated at the non-partisan pri- mary appear on the same ballot as the other candidates, though they are set off from the others by a solid border not less than one-sixteenth of an inch in width and are headed with the following words in large type, ''judic- ial AND CITY TICKET NON-PARTISAN.'' AlsO, iu ad- dition to the ordinary instructions printed on the ballot are instructions to the effect that a cross in the party square does not carry a vote for any judge or any other officer nominated at the non-partisan primary. THE PRIMARY ELECTION. 241 There are thousands of voters who either will not read the instructions at the head of the ballot, or else cannot understand them and go on marking the straight party ticket without respect to the non-partisan officers. These get what they deserve. They disfranchise themselves to that extent. As this becomes better understood the num- ber of such voters will probably decrease, and so gradu- ally the education in non-partisanship will spread until it will seem natural for everybody to follow party only where party has a right to be, and to disregard party where party has no place. The non-partisan primary and election is, of course, only an opportunity for non-partisan voting. It cannot change the motives for which people vote, and it is to be expected, as experience has proved, that the known party affiliation of the candidates will have much to do in attracting the votes which they receive. In fact, there are many cases where the party affiliation is about all the voter knows of the candidate. It is much easier to find out, for instance, whether a candidate for judge is a Republican, Democrat or Progressive, than it is to find out whether he is a good laA\yer. Where the candi- dates are generally unknown to the mass of voters, as is apt to be the case in State-w^ide judgeship campaigns, there are always many voters who have no knowledge whatever of the candidates, but who will not refrain from voting on that account, and so vote at random. These are usually too lazy to go far dowm the column, so those candidates with names far up in the alphabet get a rather unfair advantage. The act should be amended to pro- vide, as has been done in some other States, that the bal- lots should be so arranged as to average this chance vote. CHAPTER XXIII. THE ELECTION. IN Pennsylvania there is now but one regular election a year, held on the Tuesday following the first Mon- day of November. The election falling in the even numbered years is called the general election. At this time the voters choose presidential electors and State and national officers. The election falling in the odd num- bered years is called the municipal election and at it are chosen all local officers. Superior and Supreme Court judges may be elected at either time. This separation of local from general election.s is sig- nificant of a great advance in the political life of Penn- sylvania. In treating of the irrelevancies of government by party, we have already suggested the folly of govern- ing a city by means of parties based on national issues. This evil was recognized by the makers of the Pennsyl- vania Constitution and they attempted to forestall it by providing that the local election should be held in Feb- ruary and the general election in November, hoping that this separation of elections would lead the people to combine in local parties in February and return to their national parties in November. Much was achieved by this arrangement, and it cannot be doubted but that vot- ing at the February election has been much more closely related to the local issues than would have been the case had the same offices been voted for in conjunction with offices of national significance, but the result fell far short of the anticipation. In the first place, county offices were not considered local, and hence many of the offices which are as truly local as the city offices, did not share in the separation. 242 THE ELECTION. 243 In the second place the separation was not great enough in point of time. After the political effort expended on a general election the people were seldom in a mood to begin at once a new campaign for the February election. This condition naturally played into the hands of the professionals. Unsatisfactory as the system of dual elections w^as, however, it is not likely that it would have been altered for a long time to come, had not a reform in another direction made matters doubly bad in this. The uniform primary act, while not in reality making any more elections (for, of course, the parties always had some sort of primaries), seemed to introduce two more elections a year, making a total of four. This was sufficient to produce the motive power for a series of amendments to the Constitution, adopted in 1909, which provided a general election at the time of the election of President and Governor, that is to say the even num- bered years, and a local election in the odd numbered years, thus reducing the number of elections, counting primaries, to two a year. The election itself, although it is the crowning act to which registration, enrollment and primary but lead up, need not detain us long, because it is conducted under laws, which, for the most part, have been in force for a long time and are generally familiar. The voter enters the polling place and announces his name. Reference is made to the ballot check list, pre- pared from the registrars' lists, and, if he is registered, he is given a ballot, unless his right to receive it is chal- lenged. This seldom happens, as all preliminary ques- tions have been disposed of on registration day. Practi- cally the only grounds on which a challenge can be based is that the applicant is not the person whom he repre- sents himself to be, or that he no longer resides in the election district. In the former case, the description contained in the register is compared witli the applicant. 244 STATE GOVEKNMENT IN PENNSYLVAXLA.. and lie is compelled to sign his name for comparison with the signature at the time of registration. If it is claimed that he has removed, his affidavit on the subject is taken. On receiving his ballot the voter retires to a booth, fronted with a curtain. There he finds a little shelf, and a crayon pencil. If voters are waiting, he has but three minutes to mark his ballot. The ballot is, in reality, not difficult to mark, but under the conditions of hurry and bad light it is often confusing and many people of adequate intelligence in other matters feel themselves unequal to marking it in any way except the very easiest, the straight party vote. Voting in this manner is also stimulated by the carefully fostered tradition that the election officers will throw out split tickets as improperly marked, and the voter will lose his vote. Unfortunately, there is some truth in the latter fear, as the easiest election fraud is to throw out ballots arbitrarily on alleged technical grounds, and sometimes an officer or watcher, with a pencil end con- cealed in his hand, will surreptitiously add a cross to opposition ballots, and thus spoil them, yet leave no evi- dence of the crime. The fact that it is easier and safer to vote a straight party ticket constitutes the unfairness of the present ballot, for it discriminates against the candidate who may not happen to be on a full party ticket. The bal- lot box stuffer may vitiate one election, but the unfair law taints all. The courts were urged to hold the pres- ent ballot law unconstitutional because this fundamental unfairness prevented the election from being ''free and equal," but the Supreme Court did not see it that way.^ The first thing on the ballot is a column at the left composed of the names of the various parties, each with (1) Oughton vs. Black, 212 Pa. 1. However, three justices dissented. SAJVLPX^E: B/k.LX^t3T To vow * atrmiclit pt"^f\ A noM mart is th» Mjua, To •■otc 1... JuiUTi..trk ■ vbOM BMMla aoc oo tb* ballot, wm* LJt oolnaiti opi-jmiXm Um bub* oT Ite pu«r tf T«V ^ for ttal rttBdtdaU > tu« BUM Lb Uta blaah ftpM* itf«» 1 1 1 PROHISniON 1 j 1 ,,«u:. 1 1 1 HEISTONE 1 |, |rt«soiuiir8t«ri| | 1 PttlUDElPHl* 1 1 1 SIWU TU I 1 1 UnrED UBOR 1 1 J17DICIAL TICKET .Ito^kCvtrfCvMAc 1 m CITY CONTROIXER m CITY SOLICITOR fe m RECORDER c< DEEPS *".(&■ 1^ 1^= «.-& _& £i (il^ Irs CONSTABLE _^: L3= (^ ELECTION ofnccfa PROPOSeO AMENDMENTS TO THE CONSTITUTION A avm (X> in&rk»d in lie miuat* «l U.e n«hl of tU ww>a TRS tadtcsUM ft ▼«• FOR Um AMEJtDMEKT A eroH (I) nv»rk»4 la tb# «cuftn kt lb* n»hl of Uw wort NO mAiCAim • vol* AOA1N9T Um AJIEKDMENT WASHINGTON-Primary Ballot ^^^^K »'de5if ci)unly ol Philadelphia. Stale of Pennsylvania. Primary held on the 21st ^y o( September, 1915. Make a cross (X) in the square to the right of each candidate for whom you wish to vote. .,,,.,. If you desire to vote for a person whose name is not on the ballot, write or paste his name in the blank space provided for that purposa. MAYOR CITY CONTROLLER CITY SOLICITOR RECORDER of DEEDS MAGISTRATES (Vote for U) County Commissioners Cony«c9 B. Cnham . SHERIFF JoMph T. McOcvrtt . J&mn J McCm . John F. McNfnny . CORONER Joteph F. X. Qurnn . t P. Shcncmvt . SELECT COUNCIL COMMON COUNCIL Edward B. Howtrd.. Robert E. Lvnbvr CONSTABLE Btephan P. Haw%t^. JoMph Re«vM Thompson . Jamn H. Touchill Hlchman P. WaJk«r . Chartea H. Suptr. SCHOOL VISITORS Director ot Poor ChariM M. Thompton., CLERK. COORT of OYER JBdTfRIIKEII MilQUARIEH SESSIONS of me PEICE ELECTION OFFICERS JUDGE. wm., 1 n E. W«oU 1 1 ,~SPECTO« c^.,... ^«o«c ,..-:-.. •u ASSESSOR. Bull ... 1 1- THE ELECTION. 245 a square after it in which a cross can be placed to vote for every candidate of the party on the ballot. Under the present law the candidates are grouped ac- cording to the office they are striving for, instead of ac- cording to the party by which they were nominated. Previously eacli party had its own column and a circle at the head, a cross in which voted for every man under it. Thus arose the expression, "Voting in the party column," which is still in current use to designate voting a straight party ticket. After the name of each candidate is printed the name of the party which nominated him, and then follows a square in which a cross mark may be made to vote for that candidate separately. After each office group are blank spaces where may be written or pasted the name of candidates not on the official ballot. This writing or pasting of names, is, of course, a troublesome process, and enough persons are not likely to do it to have any result on the election, but occasionally when a well organized effort is made to sup- ply voters witli a name printed on a piece of gummed paper, called a sticker, an election can be won for a can- didate whose name does not appear on the ballot. The fear of the voter of spoiling his ballot has been augmented by what seems to be the over-technicality of the Supreme Court in this matter. A liberal construction of the election law would fol- low the rule in the construction of a will, that the intent, if ascertainable, should be given effect. The Supreme Court, however, does not take this attitude, holding, in a case where a voter had marked a name on a ballot and tlien written the same name in the blank space on the bal- lot, apparently for the purpose of allowing no possible mistake as to his desire to vote for that candidate : "It is not enouoli that the intention of the voter may possibly be ascertained or his irregular or equivocal acts explained by 246 STATE GOVEENMENT IN PENNSYLVANIA. other evidence than his ballot. The legislature specifically directed how it should be prepared and used by the voter, in order to avoid all such inquiries and the consequences likely to result therefrom. It was intended that the ballot when prepared by the voter and delivered to the proper election officer should be self explanatory. ' '2 Even if the court will not allow the slightest ambiguity to be resolved by the election officers, it would at least seem that they might allow a ballot to be counted for all the offices about which there could be no shadow of doubt as to the voter's intention. So where a voter marks a cross in a party square and afterwards marks an individual candidate belonging to some other party, there would be some doubt, though not much, as to what he intended in relation to that particular office, but no doubt whatsoever as to the remaining offices. The statute does not seem doubtful. It provides : ''If a voter has marked his ballot otherwise than as directed by this act, so that for any reason it is impossible to determine the voter's choice for any ofl&ce to be filled, his ballot shall not be counted for such office; but the ballot shall be counted for all other offices for which the names of candidates have been properly marked "3 But the Supreme Court was inexorable and held that such a ballot must be thrown out entirely.^ A judge of election who had been confronted with this question and had been studying the digest of elec- tion laws in Smull's Legislative Handbook for light, re- marked, ''The law said one thing and the Supreme Court said another, and I did what the law said." It is hard to blame him.^ (2) In re Contested Election of Redman, 173 Pa. 59. (3) Act April 29, 1903, P. L. 338, Sec. 4. (4) Dailey's Appeal, 232 Pa. 540. (5) Summing up the law in the various states the writer in Cyclopedia of Law and Procedure says, "Almost every conceivable mark which a voter could make or omit to make has been the subject of discussion in the various cases which have been before the courts; and although statutes regulating the manner in which voters shall THE ELECTION. * 247 Each party is entitled to tAvo watchers. Tliese are credentialed by certificates from the County Commis- sioners and are privileged to remain in the voting room not only all day, but, what is far more important, dur- ing the count at night. Only one watcher of each party is allowed in the voting room at one time. The purpose in having two is that they may relieve each other. This is quite necessary, as the hours of duty are from 6.45 A. M. to midnight, and occasionally to daylight the next day, and the vigilance must be unremitting, for should there be a disposition to commit fraud, advantage is al- ways taken of even the smallest absence of the watcher. Besides the "watcher," there is also the "worker." The number of workers is unlimited save by the cam- paign fund available, or, more rarely, by the condition of jmblic feeling. The watchers and workers together con- stitute that apparently aimless group that decorates the sidewalk before every polling place. The function of the worker is to "get out the vote." Every practical politi- cian knows that a vast number of voters, usually holding the balance of power, always follow the line of least re- sistance. This line is to stay at home, unless the worker is so active that the easier thing to do is to vote. Once there was an important election and eight to ten citizens had volunteered as workers during the late afternoon, when voting was briskest. The watcher on duty had on his list the name of a voter who had not yet been at the polls. Tlie first worker to report for duty was sent after the delinquent voter and came back without him. The second worker was sent on the same mission without being apprised of the ill success of his predecessor. He like- indicate their choice are held to be mandatory, yet through it aJl runs the iiCJieral principle of construction that a voter should not be disfranchised if it is clear that he has made an honest effort to com- ply with the requisites of the statute, although he has been more or less unsuccessful. 15 Cye. 353. 248 STATE GOVERNMENT IN PENNSYLVANIA. wise returned empty handed. So each arriving volunteer was commissioned and each returned to meet the eager group of earlier failures curious as to the manner of the last rebuff. Finally, the seventh man returned with the voter. Strange though it may seem, the victim said noth- ing to indicate to his last visitor that he Avas not his first. No doubt he reasoned that is was easier to vote than to entertain politicians all afternoon. The cohorts of the professional politicians are greatly superior in discipline and constancy to the groups of pub- lic spirited citizens engaged in public work, but when the public actually are aroused and the able men of the community come forward, the volunteer workers easily out-distance their professional opponents by reason of their greater intelligence, greater activity and better ad- dress. These volunteers are like the minute men, ready in time of stress to undergo great exertions for the gen- eral good, but, for the most part, leaving the routine work to the regulars. The count of the ballots is a laborious process, and, considering the pressure, the fatigue of the officers, the bad ventilation and insufficient or over-brilliant illumi- nation, it is marvellous that the results are as accurate as they are. The election officers are five in number. Foremost is the judge of election. Under the law he renders no de- cision unless the two inspectors cannot agree, when his decision is appealed to. But in practice he usually de- cides directly, and, in general, he is in charge. The two inspectors represent the majority and minority parties respectively and are the court of first instance in decid- ing points raised during the election. Each inspector has a clerk. The statutes give quite detailed directions as to how the count is to be conducted, but these are mostly honored in the breach. If the election officers are honest and in- THE ELECTION. 249 telligent, not much more need be hoped for. Great tally sheets are provided, ruled in little squares with the names of the candidates in a column at the left of the sheet. The judge opens the ballot box and reads each ballot, while the officers in charge of the tally sheets mark a stroke after the name of the candidate voted for. Straight party voting unquestionably facilitates the count, and primary elections, where there can be no straight voting, where there is a multiplicity of candi- dates and a confusing number of ballots, are the despair of election officers. In some cases election boards have been known to be still hard at work late the day after election. The straight votes are separated and totalled anil an appropriate number of strokes quickly inserted after each name. The watcher must be keenly attentive to see that no split ballot is Imrried into the pile of straights. This is a ''mistake" that may happen under the most honest judge, as there may be sleight of hand artists among the other persons in. the room. Also, the watcher should see that the ballot box does not leave his sight a single second, lest it become a changeling. In cities a policeman always attends the count and secures the result for important offices as soon as it is ascertained. He luirries off to headfiuarters with this, or telephones it if he is at a distance. Thus tliat marvel- ously speedy information is obtained which enables the newspapers to give the important results often before the election boards have completed the details. From the tally sheets, returns are made up in tripli- cate on large sheets prepared befoi-ehand. One of tliese sheets is posted outside tlie polling place for the informa- tion of the locality, and another becomes the official re- turn, and the third is given to the minority inspector to serve as a check against any alteration that might be attempted after the returns are signed. 250 STATE GOVERNMENT IN PENNSYLVANIA. When the election is close and it becomes evident that the computation of the vote will have to be watched with greatest care lest an error cost the election, the wise cam- paigner will send instantly to every division for a copy of the returns from the paper posted outside. ' Armed with this he can prepare his petitions for opening ballot boxes, and can detect any discrepancy in the returns as filed. Unfortunately, by reason of gross carelessness and sometimes downright fraud, these discrepancies are by no means unusual. The computing is done under the supervision of judges of the Court of Common Pleas sitting as return judges, and monotonous work it is. In this way county totals are secured. In the case of officials elected by the State at large the final computing is done at a joint session of the two houses of the general assembly. THE AFTERMATH. Of all the treasons that assault the State, bribery and election fraud are the most insidious. Of the two, bribery is the worse, in that it corrupts not only the vote, but also the voter. This crime is most difficult to uproot because it depends on a state of mind, a thing notoriously hard to prove. Also, sad to relate, the candidate is often more sinned against than sinning, for the electorate often in- sist on something that very nearly approaches bribery, as Poo Bah, in the ''Mikado," after being insulted by being offered a gratuity, turns his back with his hollowed hands behind and says, "Insult me again." England has taken the lead in providing definite legis- lation for protecting the purity of elections, defining in detail what may not be done. In 1883 was passed the Corrupt and Illegal Practices Act." This is a sweeping (6) cf. A. Lawrence Lowell, The Government of England, Vol. I, p. 222ff, New York, The MaeMllan Company, 1908. THE ELECTION, 251 and stringent piece of legislation, and what is more to the point, it seems to be rigidly enforced. It is no un- usual thing for members elected to Parliament to lose their seats on account of illegal practices of their agents of which the candidates have no knowledge. The electoral conditions in Pennsylvania are not simi- lar to those in England, although it can hardly be main- tained that they are less perverted, but election perver- sion has in this State been usually due either to actual fraud, or by that intangible but very real intimichition which the powerfully organized *' gangs" in control in the large cities are able to exert. Nevertheless there had long been a crying need for legislation similar to the cor- rupt practices act in England. The penitential session of 1906 produced this also as a work meet for repent- ance."^ The act was modeled on the English precedent and w^as largely the work of the late Senator Algernon T. Roberts, of Montgomery County, a man who combined in a marked degree practical political ability with higli ideals and broad outlook, whose removal from public life by death in his early manhood, was a great loss to the State. The theory of the act is to secure an account for all money spent on elections. Accordingly, every candidate either at a primary or regular election is required to file an account of his expenses, every political committee must similarly account, and nobody is permitted to ex- pend any money on elections except he file an account of it or contribute it to a candidate or committee, who must account for it. Thus, as far as w^ords can secure it, all money spent on elections will ])e publicly accounted for. No limit is put on the total amount spent. Probably it was felt that to put a limit would simply add to the temptation to conceal expenditures, while the confession to large expenditures would tend to correct the evil as (7) Act March 5, 1906. P. L. 78. 252 STATE GOVEENMENT IN PENNSYLVANIA. people awoke to the knowledge that elections were not carried by principles, but by cash. It is undeniable that primary elections have increased the visible amount of money necessary to secure nomina- tions, and in some quarters there has been shown a dis- position to bring an indictment against the uniform pri- mary system on this score. It should arouse some sus- picion to note that such attacks emanate from sources al- ways hostile to the system before it was inaugurated. No one familiar with actual election practice would be de- ceived. Under the older convention system the money necessary to win nominations did not appear in filed ex- pense accounts. That was before the time of the cor- rupt practices law, though had there been such a law, money spent on delegates was seldom spent in such a way that the candidate would dare account for it. Often baser exchange than mere filthy lucre was current. Turn- ing on the light often reveals, but does not create evil con- ditions. The truth is that under the convention system campaigns for nominations could hardly be made by in- dividuals at all, for there was no protection to their rights at the soap box primaries, and no assurance that the delegates when elected would remain faithful, so as a general rule the party resigned itself to the control of its bosses, and they picked as bad candidates as they thought they could elect. The inauguration of the law- protected primary has stimulated political ambition and enabled independent men to make, with some hope of suc- cess, a direct appeal to the people. To get the attention of a large number of people is apt to be expensive, hence arise the complaints against the primary law. After providing that all election expenses be ac- counted for, the law then enumerates the lawful purposes of expenditure and forbids expenditure for any other purpose. THE ELECTION. 253 Eig-lit kinds of expendituro are lawful: First. For printing and travelling expenses, and personal ex- penses incident thereto, stationery, advertising, postage, expressage, Ireight, telegi'apli, telephone, and public messenger service. Second. For dissemination of information to the public. Third. For political meetings, demonstrations and conventions, and for the pay , and transportation of st>eakers. Fourth. For the rent, maintenance and furnishing of offices. Fiftli. For the payment of clerks, typewriters, stenosraphers, janitors and messengers actually employed. Sixth. For the employment of watchers at priman' meetings and elections, to the number allowed by law. Seventh. For the transportation of voters to and from the polls. Eighth. For legal expenses bona fide incurred in connection with any nomination or election. After the election, primary or regular, every person liable to account must file an itemized statement accom- panied by a voucher for every sum in excess of ten dol- lars. To prevent a flood of uniin])ortant accounts and the public annoyance occasioned by useless requirements, where the expenditures have been less than fifty dollars a simple affidavit to that effect is sufficient. It is much easier to draw and secure the passage of an act requiring minute attention by a great number of people, than it is to secure its enforcement. The act is drawn with this in view and takes every precaution possi- ble. Any violation of the act is, of course, a misdemean- or. More than that, it is provided that no person elected can take office until his account is filed, and where any illegal expenses have been incurred, the office is declared vacant. Not content with such general provisions, the law details how the fact of the failure to file a proper account can be established. A petition by five electors praying for an audit of any expense account is sufficient to set the machinery in motion. The court tlien must take the matter up and may appoint an auditor. Ex- j.erience has proved that proceedings before an auditor can be very expensive, and as the costs must be paid by those who initiate the proceedings if they fail, tliis fact 254 STATE GOVERNMENT IN PENNSYLVANIA. is an undue discourager of showing up wrong doing. For this reason, the act wisely limits the fee of the auditor to ten dollars a day. The best security for the enforcement of the law ?s the jealous watchfulness of political enemies, but even this is marred by their consciousness of being tarred with the same stick and the fear of setting embarrassing pre- cedents. It is perhaps too much to say that all money spent on elections is now accounted for, but even the amounts accounted for are surprisingly large and prove that many men will spend more than the total salary of their office in order to be elected. Many a man, as he foots up his expense account, must question whether the game is worth the candle. CHAPTER XXIV. BREAKING INTO POLITICS. THROTTGHOUT this book we liave spoken often of the practical citizen, but have shunned all mention of the practical politician as a thing of ill omen not to be spoken of. As we are striving, however, to be prac- tical, we must not shut our eyes to what exists in reality, and therefore, it will be worth our while to spend a mo- ment in pointing out just the difference between the prac- tical citizen and the practical politician. On examina- tion of the words themselves, we will see that the differ- ence does not reside there. The word practical is pres- ent in both expressions and politician differs, as a word, from citizen, only in its derivation. Politician has come to us from the Greek, citizen from the Latin, and both mean exactly the same thing, one who has to do with the things of a city. Since in early times a city meant the same thing as a State, the term citizen and politician both meant anyone who was interested in public affairs. How does it come about then that expressions with so identical a meaning have come to be so strongly con- trasted in modern usage ? Around the term practical politician has gathered a crowd of associations which has rendered it almost a term of reproach. Bare of such associations, practical suggests efficiency, the nice fitting of means to ends, the elimination of the unnecessary, the concentration of attention. In this world of moral judg- ments, however, efficiency must always be judged by the ends which it assists in attaining, and when practical is used in connection with politician, the combined phrase has, through long usage, come to mean a man who is more practical than moral, more interested in achieving 255 256 STATE GOVEENMEXT IX PEXXSYLVANIA. the result than in the means by which the result is achiev- ed or by the worth of the result itself. On the other hand, the word practical, when combined with citizen has no such connotation. As before, practicality means the choosing of the proper means and the subordinating of irrelevancies, but this may mean the sacrifice of the prac- tical citizen's personal ambition, the surrender of office or the loss of an election. The difference then between the two classes of men is in their motives. Both must be practical. We may safely assume that any reader who has fol- lowed this far is imbued with the motive of public ser- vice, and, therefore, it is now time for us to enter into a discussion of the way in which this motive may be ren- dered of practical advantage in public life. When a person once makes up his mind to be a practi- cal citizen, his first duty is to inform himself about the questions which are pressing for solution in public af- fairs and then to make himself perfectly familiar with the machinery by which the opinion of the individual citizen is registered in connection with the solution of these problems. When these studies have been faith- fully made, and the citizen has conscientiously cast his vote, it may be that he has done all that can rationally be expected of him. This is true of many thousands of our citizens, but there is a large class, numbering far more than would generally be conceded, of those who can and ought to do more in public matters than has been their wont, before they can be considered to have dis- charged their full duty. The citizen who does nothing- more than vote may be likened to the private in the army, a very necessary part of the whole organization. But just as the private soldiers would be helplessly doomed to destruction unless officered by men of super- ior knowledge, so the ordinary voter would but wander hopelessly in the chaos of affairs if there were not a BREAKING INTO POLITICS. 257 group of citizens who could act as leaders. These lead- ers have their differences of rank, too, and rise in grade from the division leader up to ward, city, State and na- tional leaders. The chief difference between the practi- cal politician and the practical citizen acting as a leader of public opinion is that the practical politician is a pro- fessional in the sense that his livelihood is more or less intimately connected with his ability and success in po- litical management, while the practical citizen is an ama- teur, in the sense that his activity is based merely upon his love of his felloAvmen. Since the motive power of the need of a livelihood is usually greater than that of altruism, the practical politician is usually much more consistently energetic than the practical citizen. Indeed, it is rarely possible that a practical citizen can afford to give the time and attention which he fully realizes is necessary in order to obtain the desired result. Yet the practical citizen frequently w^orsts the practical politi- cian in his own sphere of action. Being moved by princi- ple he is more consistent than his opportunist competi- tor, being an idealist he is usually a higher type, most of all, he fights with the right upon his side. The win- ning of battles by a practical citizen has this strange dif- ference from the battles won by the practical politician: When the practical politician wdns his battle, he achieves the result immediately in view, but all other things re- main as before, w^hile when the practical citizen wins a battle he raises to a higher level all of public life. One of the points long in controversy has now been definitely w^on by the practical citizen. At a time not long passed away it was actually difficult, as a matter of law, to get into touch with the realities of political action. Theodore Roosevelt gives a vivid description of the earlier state of affairs in his autobiography: ''At that day, in 1880, a young man of my bringing up and convictions could join only the Republican Party, and 258 STATE GOVEKNMENT IN PENNSYLVANIA. join it I accordingly did. It was no simple thing to join it then. That was long before the era of ballot reform and control of primaries; long before the era when we realized that the government must take official notice of the deeds and acts of party organizations. The party was still treated as a private corporation, and in each district the organization formed a kind of social and political club. A man had to be regularly proposed for and elected into this club, just as into any other club. As a friend of mine picturesquely phrased it, 'I had to break into the organization with a jimmy.' " ^ The con- ditions at present surrounding activity in public life allow a wider choice of entry. The newcomer in public affairs must make a fundamental choice at the outset of his career. He may either join one of the major national parties and strive to work out his ideals through it; or he may join one of the numerous independent parties which spring into being from time to time, which have their day and cease to be. If he choose the first, he will be known as a re- former within the party; if the second, as an independ- ent. There is no other alternative for anyone who would have a practical effect in shaping public affairs, although there are thousands who from a self-assumed position of superior virtue indiscriminately condemn everyone who is attempting to do anything in actual public life for the general good. It is possible for a practical citizen to be useful in either course. If he attempts his reform within the party he has the advantage of the dead weight momentum of party loyalty and party prestige based on past achievements, but also he must face the enormous disadvantage of the fact that this same mass momentum will carry him in directions which he would not. The man who enters independent politics fights against the (1) Theodore Roosevelt, An Autobiography. The MacMillan Company, New York, 1913, p. 62. BREAKING INTO POLITICS. 259 handicap of being compelled continually to re-create his machinery and to profit wholly from the issues of the present, without the prestige of a glorious past. He must fight against political habits, mental laziness and many other of the vices of human nature, but he has the far-reaching advantage that when he is enabled to win a victory, it is a clean-cut victory recognized by all as somewhat out of the ordinary, and, therefore, of much more lasting influence upon affairs in general. The two theories which lead some to become reformers with- in the party and some independents we have seen previ- ously at work influencing the present conditions of the election laws; the one producing the uniform primaries, which, of course, are designed to enable members of a party to have an influence over it ; and the other produc- ing the non-partisan ballot, the separation of elections and other devices intended to give the independent citi- zen as much opportunity as possible to express his de- sires without being confused with national questions. Which method any particular individual will adopt is probably largely a question of temperament. Unques- tionably a citizen may make himself useful in either way. If we but hold fast to our conception that it is the motive which distinguishes the practical citizen from the practi- cal politician, we can with perfect good will look upon the differences which divide the reformer within the party from his co-workers in the independent sphere, as simply differences of opinion as to the best means of achieving a common end. The choice is such as would have to be made by a traveler returning to the land that he loves, who, on coming to the hither shore of a vast lake, found two vessels about to sail for home. One was a great and staunch ship, but filled with a heterogeneous company, some of them most vile and boding no good to the home land, if they should reach it. The other ves- sel was shallow, and narrow, and open, and short, its 260 STATE GOVERNMENT IN PENNSYLVANIA. crew was not complete and its provisions were scanty, but its company were all men of good will, and their homecoming would be a cause of rejoicing. The traveler might well argue, ''I hope to benefit my country with the wisdom I have gained in my travels, but to do so I must first of all attain its shores ; that staunch ship will surely reach the other side, while this poor shallop seems like to founder in the first gale or starve her crew should adverse winds delay. As a practical man, I can but take the safe way home, but, it cannot escape me that there are many evil men aboard the former vessel, and if I help navigate her home, I must by that act bring to my country's shores much that will hurt her. Shall I join the single minded rowers in the little ship and ex- ert myself to bring them and me across, or shall I give myself to missionary efforts on the larger boat and hope to improve the manners of her company that they may do her less harm when they safely arrive"! One thing the traveler does not try to do. He does not attempt to swim over alone, but joins with one or other set of asso- ciates. And so our practical citizen, having made his choice, will want to know the next step in making him- self felt in the type of party which he has chosen. All parties are organized on the same general plan. One or more delegates are chosen by the party voters of each election district to represent them in a ward committee. The ward committee chooses delegates to a city or county committee. Thus it is evident that the election district is the constituent unit. In entering actual political life it is first necessary to become "a factor," that is to say the newcomer must make himself a person whose decisions are of in- fluence beyond the control of his own vote, so that the leaders higher in rank who are direct- ing affairs and thinking in terms of larger units may look to him for definite results from his BREAKING INTO POLITICS. 261 own district. It is easiest and most natural first to become a factor in the election division. Wliile it is some- times possible to spring full armed into tlie arena of ward or city politics, such action is very rare and is not normal, and, indeed, such a person would always suffer from the lack of primary political education. Success in politics, as in any other serious avenue of Imman en- deavor, depends upon the ability, industry and charac- ter of the persons engaged. It is, therefore, impossible to predict of any particular individual what his success wall be, but it may be pointed out in general that char- acteristics of personal likability are of vastly greater importance in politics tlian tliey are in other walks of life. Since the basis of political power is the ability to get people to vote for you or as you advise, it is evident that the more people come to like you the greater will be your success. Kindliness, approachability and sym- pathy are greater weapons in the political arena than mental ability or power of oratory. Indeed, it is a sad thing to realize to what an extent these good qualities of human nature have been expended in the attaining of selfish ends. If our practical citizen can but secure that a fair majority of the voters in his division will like him and have an interest in his advancement, he is in a fair way to take the first step in his political career. There is a marked difference in the rapidity witli which advancement may be obtained in a great national party and in an independent party. Entrance to an in- dependent party is extremely easy, because such parties never have an overplus of workers and anybody Avho will show the slightest activity is welcomed to their ranks. And here lies danger, for the lack of competition is apt to induce laziness, while the inability to replace a poor worker tends to keep him in liis place when he is not proving his usefulness. It is also true that in an independent party advancement may possibly be more 262 STATE GOVERNMENT IN PENNSYLVANIA. rapid, for sudden turns take place at times, and the small independent body may one day find itself in power and needing to expand its ranks to the full complement of a majority party. In the very nature of things, this cannot be expected to happen often, else the party could not be called an independent party, it would be the party in power. In a national party the new recruit is apt to find his entrance not so easy and his progress slower, because the competition will be much greater. In case he finds difficulty he must decide whether to break in or await his turn. If he decides on the former, he must endeavor to defeat the present ward committeemen at the next election for that office. If his fight is part of a larger fight for control, by a new faction of the party, a vigor- ous battle will be the part of wisdom, but if he is start- ing out as an individual and there is no movement in the party, it would not ordinarily be wise to try to oust a well entrenched division leader. There is a deeprooted feeling in the political mind that every man has a right to his job, and that there is something wrong in compet- ing for a place already filled by a man of your own party. Where there is a general fight, the result is looked upon as the fortune of war and politicians least of all fighters cherish malice against the enemy. But where there is no war an attack on a single place is looked upon as a sort of treachery, and the man who was successful in such an attack would be looked upon as an interloper in the circles to which he had attained, and would leave be- hind him in the very citadel of his power a bitterness that might well accomplish his downfall, and at best would cause him much anxiety and at a time when he would need support in larger spheres of action. No poli- tician wants enemies, especially not in his own division. So, if there is no vacancy in the position of division leader and no general fight for control the aspiring worker had BREAKING INTO POLITICS. 263 better make himself conspicuously useful to his party on the stump, or in any other way lie can. One of tlie best methods of making a political impression is to run for some minor local office, such as judge of election or as- sessor of the division. This last office is peculiarly valu- able as an introduction to political life, for its duties require a thorough familiarity with the name and resi- dence of every voter within the division. Under any cir- cumstances, a man entering political life should make himself ''solid" in his home division, and, of course, as he rises, spread his solidity over as large a territory as possible. Achieving this solidity is a different thing from deserving it. Some direct contact with the indi- vidual voters is necessary. The basis of political power in America is the good nature of the people. Where there is no adverse personal interest the average voter would rather do a good turn than not. When a friendly looking politician asks for a vote as a personal favor, the impulse of the majority is to give it on that ground alone. Only a strong stimulus reaching their moral nature or their pocketbook will induce the voter to turn down a fellowman asking a costless favor. The new-comer in politics must realize this and must over- come the usual hesitancy in asking people to do things for him. Probably the greatest defect in the ordinary practical citizen as a political factor is his unwilling- ness to ask the assistance of his fellow citizens on per- sonal grounds. Another source of power possessed by the worker in politics is the fact that he is a custodian of a fund of special information. He knows how the ballot should be marked and when all the various steps in the intri- cate requirements of election must be taken. He knows something about each of the many candidates, and the average voter, who knows little about tlio candidates ex- cept those heading the ticket, will willingly be led by a 264 STATE GOVERNMENT IN PENNSYLVANIA. man of such superior information. This trust which is placed in the worker by many of his fellow citizens en- ables him to attain the results which are the grounds for his claim to recognition. The voting of a ballot is not actually an intricate affair, although it is impossible to suppress astonishment at the high grade of intelligence which frequently finds the ballot baffling, notwithstand- ing the fact that the most explicit directions are placed upon the ballot in large type. On another page will be found reproductions of several ballots. It will be worth the reader 's while to study these ballots and actually read every word of directions upon them. Doing this calmly and at his leisure, and away from the turmoil of an actual election, he Avill probably be surprised to find how complete and explicit the directions are, and will realize what a shameful thing it is for voters of ordinary in- telligence to surrender their privilege of franchise to the politician on the ground that the ballot is too intricate to master. After having become some kind of a political factor the practical citizen must decide whether he can serve best by running for office or by managing political affairs without taking a public position. This question of seeking public office is a vital one, and must be faced sooner or later by every earnest citizen in practical pub- lic work. Some day, if he has done good work, will come the suggestion that he run for office. Since there are so many of those whose sole reason for desiring office is the emoluments, such a man must be prepared to have his motives misunderstood. Unselfish office-seeking is so rare a phenomenon as usually to pass unrecognized, but probably by this time our practical citizen is accus- tomed to being misunderstood and will not be deterred. To be urged to accept office is flattering, espec- ially when urged by those whose ideals of office holding are high, and our practical citizen must examine himself BREAKING INTO POLITICS. 265 to be sure that he is not yielding to vanity. Before de- ciding to make the race, the practical citizen should be very sure that he can afford from a financial point of view to hold office. This does not mean that he must be a rich man; still less does it mean that he feels able to live on the salary of the office. It means, ratlier, can he step back at the end of his term into the same level of self-support as before, so that the question of the salary of the office is a matter of indifference. For the practi- cal politician offices are frankly spoils. As long as poli- ticians are so numerous and so constantly in office, we can do little but wonder that the State survives as well as it does, and be thankful for that underlying stratum of patriotism animating most Americans which keeps their government by spoilsmen from collapsing all to- gether. But no man questioning whether his duty calls him to take office ought ever to decide in the affirmative if the salary is an important consideration, and its loss a thing to be dreaded. In such a case his judgment, can never be unfettered. Either he will succumb to the press- ure of material interests and awake some day to ac- knowledge himself a member of the bread and butter brigade, or, what is more likely in the case we are con- sidering, he will torment his conscience with the fear that he may be yielding to such an influence, and, by leaning over backward, become a constant nuisance to eveiybody who has dealings with him. Some rare souls can keep a perfect balance of judgment under such cir- cumstances, but no one is justified in assuming that he is one of this number, and placing himself in a position where his discovery that he was not would be disastrous. But supposing that the financial question is not a factor and calm self-examination shows that the pomp of office is not the attraction, and that a reasonable ability exists, then the call is clear. Our country needs, woefully needs unselfish office holders. When a foreign enemv threatens 266 STATE GOVEKNMENT IN PENNSYLVANIA. millions of men spring to arms prepared to die to save their country, but when graft and corruption are rotting the core of the city, State and nation, where are the men to hold the posts of responsibility and diffi- culty and lead onward to a better day? While office-holding is the most conspicuous method of public service for the practical citizen, it is not the only method. A rarer ability and a greater sacrifice is required of those faithful souls who in the obscurity of tobacco-filled committee rooms and without the stimulus of public applause, dedicate their talents to the wise management of the political cause in which they have embarked. Whenever any movement for better things in public life succeeds, it may be taken for granted that some such citizens have been found to take the lead. It is unfortunate that the services of such men, necessarily obscure, are seldom appraised at their true worth or find their way into the history of the times. As the number of our practical citizens grows, the worth of these men will be better appreciated and they will come into their own.^ For every one there is some place of public useful- ness. Our highest hopes for our country will never be fulfilled until each citizen plays his full part. Differ- ences of opinion about forms of government and policies there will ever be. Some of us are by nature radical and some conservative, but all unite in realizing that what- ever policies are adopted, nothing but the most loyal shouldering of public duty by every citizen will bring them to full fruition. (1) The rule that we should not mention names may well be suspended in the case of those who have passed away. The wise and g>entle judgments of Andrew R. Wight of Germantown are still a fragrant memory to those who knew him, a perfect example of the dedication of unusual powers to the service of the public by counsel in political management while steadfastly refusing to seek or accept public office. INDEX Page Adjutant General 77 Aldermen 123 Apportionment 13, 14 Appropriation Bills 33, 40, 44, 46 Art Jury 162, 163 Assistance to Voters 229, 230 Attorney General 77, 78, 108 Auditor General 77, 78, 106, 115 Automobile Licenses 114 Ballot 244 ff. Bill 19, 25, 26, 27, 29, 42, 71 Board of Agriculture 105 Censors of Moving Picture Films 121 Education 88 Game Commissioners 112 Passenger Railways 81 Property 81 Public Education 93 To License Private Bankers 81 Trustees, State Library 81 Boroughs '. 70, 143, 179, ff. British Statutes 69 Budget 53 Building and Loan Associations 102 Bull Moose Party 205 Bureau of Assessment and Taxes 83 Boiler Inspection 159 Building Inspection 159 Chemistry 104 City Property 159 Correction 159 Dairy and Food 103 Economic Zoology 103 Elevator Inspection 159 Electrical 159 Employment 119 Fire ' 159 Gas 160 Highways 1 59 Industrial Statistics 84 Lighting 160 Markets 104 Mediation and Arbitration 118 Railways 84 Standards 84 Street Cleaning 159 Surveys 160 267 268 INDEX. Page Bureau of Water 160 Charitable Appropriations 41, 47, 49, 50, 53, 65, 115' Child Labor Laws 60 Cities 143^ 153 of the First Class 156 ff. of the Second Class 168 ff. of the Third Class 171 ff. Citizenship 216 City Party 196 Civil Service Reform 63, 74, 163, 178 Clerk of Quarter Sessions 136, 146 Codification 68 Corporations •. 70 General Repealer 70 Taxation 70 Commissioner, County 147, 148 Fisheries 112 Forestry 109 Health 95, 116 Highway 114 Insurance 100 Labor and Industry 77, 119 Commission Form of Government 82, 170 Commission of Aorieulture 103 Economy and Efficiency Fi-ontispiece, 74 Fisheries 112 Historical 115 Industrial Home -for Women 73 Public Service 107 Sinking Fund 81, 159, 169 Water Supply Ill Committees 17, 20, 23, 46 Agriculture 21 Appropriations 20, 48, 53 Conference 33 Education 21 Judiciary General 20 Judiciary Special 20 Municipal Corporations 21 of the Whole 26, 35 Committee on Committees 17 Constitution of Pennsylvania 7, 8, 18, 19, 50, 82 Cabinet 76, 78 Continuation Schools 94 Convcniion System 2^- Coroner 14o Corrapt Practices Act 63, 250 ff. Council 156, 158, 169, 174 INDEX. 269 Page Count of Ballots 248 Counties 143, 145 £f. County Court 128 County Auditor 148 Comptroller 148 Treasurer 148 Court of Common Pleas 89, 129, 134 Court of Quarter Sessions 131, 136 Democrats 206 Department, Accounts and Finance 174 Agriculture 103, 105 Banking 101 Charities and Correction 169 City Controller 159, 161, 169 City Transit 159, 161 City Treasurer 159, 161, 169 Collector of Delinquent Taxes 169 Education 87, 95 Fisheries 112 Forestry 109 Health 92, 115 Highway 114 Insurance 100 Internal Affairs 83 Labor and Industry 77, 118 Law ." 159, 169 Mines 118 Parks and Public Property 174 Public Affairs ". 174 Public Health and Charities 159, 160, 161, 163 Public Safety 159, 169, 174 Public Works 159, 169 Receiver of Taxes 159, 161 Streets and Public Improvements 174 Supplies 1 59. 160 "Wharves. Docks and Ferries 159, 161 District Attorney 146 Dogs 30 ff. Domestic Relations 133 Enacting Clause 19 Enrollment 196, 197. 202 Elections 148, 243 Election Laws 62 Election Expenses 250 ff. Executive Department 76, 78, 85 Expenditures 54, 5;5 Federal Government 3. 17 270 INDEX. Page Fire Marshal 101 Franklin Party 196 General Assembly 10, 15 Governor 29, 78, 87, 95, 105 House of Representatives 10, 25, 28, 33, 34, 35, 38, 40, 41 Independent 258 Incorporated Towns 143, 179, 182 Initiative 175, 177, 194, 195 Interstate Commerce Commission 82 Johnson, Andrew 80 Justice of the Peace 123 Juvenile Court 131 Keystone Party 196 Land Office 83 Legislation 56, 58 Legislative Reference Bureau 20n, 67 Legislature 10, 18, 24, 42, 44, 47, 49, 52, 79 Lieutenant Governor 16, 76, 78, 79, 80, 158 Lincoln Party 196 Livestock Sanitary Board 105 Lord High Chancellor 81 Magistrate 123, 129 Mayor 158, 163, 174 Minority Representation 147 Medical Inspection 92 Municipal Corporations 88, 141, 144, 190 Municipal Court 129, 132 New Party 204 Nomination Papers 204 Non-Partisan Ballot 175, 176 Non-Partisan Elections 196, 199, 239 Opening Ballot Box 234 Orphans ' Court 137 Osteopaths 96 Pardon Board 81 Parties 193 ff. 223, 258 ff. Party Raiding 203 Pennsylvania State College 105, 106 Personal Registration 63 Philadelphia 88, 93, 128, 143, 144, 149, 169 Philadelphia Party 196 Pittsburgh 88, 93, 128, 169 Playgrounds Movement 60 Poor Districts 143, 187, ff. INDEX. 271 Page Poor Laws 188 Postmaster General 77 Practical Citizen 56 Preferential Primary 225, 227, 231 Presidential Electors 225, 226 Presidential Primary 225 President of the Senate 16, 80 President of the U. S 76, 79 Primary 195, 200, 223 Printina; 24 Professional Qualification 86 Progressive Party 205 Proportional Representation 199n, 239 Prothonotary 136, 146 Public Schools 50, 86, 90 Public Service Commission 107 Raih'oad Commission 107 Recall 175 Referendum 175, 178, 194, 195 Reform Within the Party 258 Registrars 211 Register of Wills 146 Registration 202, 207, 224 Registration Commissioner 210 Representative Districts 13 Republican 205 Roberts, Senator Alg^ernon T 251 Roll Call 27, 28, 33, 40 Roosevelt, Theodore 17, 257 Root, Senator 64 Rules of House and Senate 18, 19, 28n, 29 Salaries, Burgess 181 Councilmen 173 General Assembly 15 Governor 79 Lieutenant Governor 80 Mayor 173 Secretary of the Commonwealth 80 Schnitzelbank Song 35, 36 School Code 25. 51n, 69, 87. 90 School Districts 88, 143, 187 ff. Secretary of Agriculture 77, 103, 104, 106 Commerce 77 the Commonwealth 77, 78, 80 The Interioi- 77 Internal Affairs 77, 78, 106 Labor 77 272 INDEX. Page Secretary of the Navy 77 State 77, 81 the Treasury 77 War 77 Senate 10, 25, 29, 33, 40, 41, 87 Senatorial Districts 13 Serg-eant-at-Arms 30 Sheriff 145 Short Ballot 64, 82 Small Council 64 Society to Protect Children from Cruelty 48n. Speaker 16, 17, 20, 29, 30, 34, 35, 36, 38 State Board of Charities 49 State Board of Education 87 States ' Duties, Doctrine of 7 State and Nation 1, 11, 28, 195 State Police 117 Statistician, Department of Agriculture 103 States' Rights, Doctrine of 7 State Treasurer 77, 78, 82, 115 Superintendent, Assistant County 91 County 91 District 91 of Public Instruction 78, 87, 88, 91 Superior Court 139 Supreme Court 137 United States 138 Theories 196 Theories of Government 9, 81 Townships 143, 179 ff, 183 Uniform Primary 223, 224 U. S. Senators, Election of 225 Vacancies 234 Van Buren, Martin 80 Veterinary Science, Division of 104 Veto ... 1 29, 79 Vice President 77, 79, 80, 158 Vocational Education 93 Washington Party 205 Watchers 247 Water Supply Commission Ill Widow 's Pension 61 Wight, Andrew R 266n. William Penn Party 196 Workers 247 Workmen 's Compensation 60, 119 Yea and Nay Voting 28, 30, 33 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 50 CENTS ON THE FOURTH DAY AND TO $1.00 ON THE SEVENTH DAY OVERDUE. RETURN CIRCULATION DEPARTMENT - TOi— #^ 202 Main Library _ LOAN PERIOD 1 HOME USE 2 3 4 5 6 ~ ALL BOOKS MAY BE RECALLED AFTER 7 DAYS _^ Renewals and Recharges may be made 4 days prior to the due date. Books may be Renewed by calling 642-3405. DUE AS STAMPED BELOW — fkt^T irii '%<^ HI iUCT^g,19 )6 - - RECEIVED OPT 1 1 1996 _ CIRCULATION DEI >T. - - - UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD6 BERKELEY, CA 94720 (■Q571bl521 IDOaSrsg "■# ^,/ '-^- ''.^'■ y"yy 'y^>'^".-yy