RADER.'S CrVIL GOVERNMENT OF THE UNITED STATES AND THE STATE OF MISSOURI REVISED EDITION 1917 UC-NRLF GIFT OF JANE KcSATHER CIVIL GOVERNMENT OF THE UNITED STATES AND THE STATE OF MISSOURI REVISED EDITION The Two Hundred and Eleventh Thousand BY Perry S. Rader THE HUGH STEPHENS COMPANY JEFFERSON CITY, MISSOURI CIVIL GOVERNMENT OF THE UNITED STATES AND THE STATE OF MISSOURI REVISED EDITION The Izvo Hundred and Eleventh Thousand BY Perry S. Rader THE HUGH STEPHENS COMPANY JEFFERSON CITY, MISSOURI Entered according to act of Congress, in the year 1904, by PERRY ^S. RADER. In the oflace of the Librarian of Congress, at Washington, D. C. Copyright, 1897, by Perry S. Rader. Copyright, 1907, by Perry S. Rader. Copyright. 1912, by Perry S. Rader. Copyright, 1917, by Perry S. Rader. ,9 .* • (s* PREFACE. When the State Text-Book Commission met in the year 1897 to adopt a series of text-books for use in pubHc schools, about thirty civil governments were submitted for adoption. None of them was satisfactory. Thereupon members of the commission who were acquainted with my School History of Missouri suggested that I write and submit a manuscript of a Civil Government. I did so, and it was adopted, and for five years after its publication it had a large place in the schools. Subsequently the book w^as entirely rewritten and a revised edition brought out in 1904, and with a few minor changes in the text made necessary by changes in laws and constitutions has been in general use ever since. Within the last year the book has been thoroughly revised again. In the natural evolution of the government of a great people new institutions are added in the course of a few years and things once unimportant assume large proportions ; they call for new sections, and these have been added. Other things have become less important, and the discussion of them has been accordingly reduced. Every sentence of former texts retained in this has been rigidly tested, in order to bring it strictly up to date and make it accurately express the fact. The result is a book brought down in every sentence to the date of publication. In the development of the book I have not attempted to construct an ideal government. Nor have I enlarged upon the imperfections of American government. I have been content to present the Government as it is. The scientist who writes a text-book on botany traces plant life from seed to full-grown tree. He does not try to construct an imaginary (3) 367494 4 PREFACE. tree ; he does not consider himself responsible for imperfections he finds in leaf and flower. He takes the whole tree as he finds it. In the seed he finds a tree in embryo, and from that seed he traces the tree as it unfolds into plant and trunk and limb and bark and leaf and flower. That is the scientific method which has been pursued in the writing of this book. The un- folding and development of Government have been traced step by step through Colonial charters, State constitutions, the Constitution of the United States, then back to Territorial government. State government again, and from State govern- ment to the organization and government of counties, cities and school districts ; and that method has been pursued because it was by those steps that American government grew and developed into what it now is. It is therefore the natural method, and hence the scientific and pedagogical method. I have tried to write with a teacher and a class of boys and girls who have familiarized themselves with the main facts of the history of the United States constantly before my eyes ; and as I have looked into their faces and written, two other great facts have stood out before me. The first is that, next to spelling, reading, penmanship and arithmetic, the subject of Government is the most practical in the course of study prescribed for schools. As population grows denser, as cities are built and public improvements are undertaken. Government draws closer and closer to the people, and more and more touches on the privileges and duties of citizens. At almost every step and turn the citizen now meets the Government, and his rights and its powers constantly con- front each other. Government has become all-comprehen- sive. There is scarcely an industry into which it has not. thrust its powerful hand, and scarcely a relationship between men that it has not undertaken to regulate. It is, therefore, a thing that concerns every one, and the study of the subject that intimately concerns every one is a most practical study. The next great fact that has stood out before me as I have PREFACE. 5 written is that Government is a hard subject, difficult for the teacher and difficult for the pupil. This impediment to its study I have endeavored to lessen as far as possible. With the teacher and class before me, and a consciousness that the subject is hard, I have been contrcUed by a desire to use the easiest words that would accurately express the facts. My ambition has been to write a text-book on Civics that would not only be sufficiently comprehensive for the average citizen, but whose statements would be both scrupulously accurate and at the same time expressed in the plainest words and easiest sentences ever put into print. I have further tried to over- come this impediment by making the discussions interesting; and I have therefore made use of every allowable element that will enlist attention and add illumination — even to the extent of using illustrations, which is a method of discussion condemned by some authors of text-books, and by weaving in statements that of themselves are of minor importance, but which aid to a better comprehension of those which it is necessary to understand. At the same time I have constantly had in mind the neces- sity for a text that is teachable or pedagogical. The arrange- ment is all my own. The division of the subjects of govern- ment, as indicated by the titles to the various chapters, and the sub-division of each subject into its component parts, as indicated by the titles to the sections, not only constitute a natural analysis, but afford the easiest way to come to a comprehension of government as a whole. The questions at the end of each chapter are not designed for use in recitations. In some cases they may be used with profit by the teacher. But their primary design is to aid the pupil in centering his mind upon the facts stated in the text that must be known. The book is sufficiently elaborate to meet all needs of high schools and common schools. A shorter book would be in- complete and insufficient for the needs of common schools. 6 PREFACE. To use a more comprehensive book would be to enlarge the high school into a law school or a political science department of a university. The author wishes to express his thanks to many teachers who had used former revisions of his Civil Government and in letters and otherwise have made valuable suggestions as the revision went on. Possibly their help would have been more valuable if they had found more faults in the former book; but their kindly approval and sympathetic interest have added to the pleasure of the author's labors. The author also desires to express his grateful acknowl- edgments to the publisher. Improvements in the mechanical construction of the book has been a matter of pride with him. In every possible way he has sought to lighten the author's labors and to aid him in improving the text. While I have striven for accuracy, easy expression and interesting discussion, and to produce a text-book which measures up to the best pedagogical standards, he has striven for a beautiful page and beautiful and substantial covering. The cloth, the boards, the paper, the type, the binding have all come under his eye and are his selections. Their substantial character is due to him. The beauty of the volume is due to him. Being a native son of Missouri whose ancestors have for three generations been citizens of the State, and the owner of the only Missouri publishing house which undertakes to publish text-books for use in schools, it is natural that he would take pride in print- ing the only strictly Missouri book that is offered to Missouri schools. But he has an even greater interest than that: for twenty years, covering the entire period of his mature manhood, he has given to the book his labor and study and friendly interest, and guided its growth into general favor; in consequence, it has, in a large sense, become a part of his own life, a creature of his heart and hands. The Author. CONTENTS, CIVIL GOVERNMENT OF THE UNITED STATES. Chapters Page I. — General Principles 9 II. — Charter and Colonial Governments 16 III. — The Rise of the American States and the Union 27 IV. — The Fundamental Law — The Constitution 43 V. — The Legislative Department 49 VI. — Powers of Congress — Taxation 68 VII. — Powers over Commerce 81 VIII. — Power to Borrow Money 88 IX. — Powers Over Coinage, Weights and Measures 92 X. — NaturaUzation and Bankruptcies 110 XI. — The Post Office 119 XII. — War, Insurrection, Armies, Navies and Militia 130 XIII. — Powers Denied to the United States 151 XIV. — Powers Denied to the States 163 XV.— The President 174 XVI. — The Executive Departments ^^ . . 189 XVII. — The Judicial Department 207 XVIII. — Miscellaneous Provisions 223 CIVIL GOVERNMENT OF lillSSOURI. Chapters Page I. — Rise of the State Government 237 II. — The Missouri Constitution 242 III. — The General Assembly 248 IV. — The Executive Department 270 V. — The Courts 292 VI. — Counties 317 VII. — Cities, Towns and Villages 338 VIII. — Public Schools 360 IX. — Elections 391 X. — Taxation 400 XI. — Lands and Miscellaneous Matters Concerning Lands 413 XII. — Corporations 425 T^^^^^l 1 CO ■ ,,^(fc-^|teff -r^raf ^K ■, LlI 50 1 ^y«s^ - .!«. |z ^1 ft _1< CL 6 1 Hbl.......,.^.. I ■ ^^SHH ^^H -^^^^1 ^J^ n -c- J ^^^H '''''^^^H ^^^H *^:3 ^^m ^p 1 CIVIL GOVERNMENT OF THE UNITED STATES. CHAPTER I. GENERAL PRINCIPLES. la. What Government Is, — In the home children are trained, required to be in bed at night, work certain hours of the day, observe good manners at table, use certain words in addressing others, and pursue habits of personal cleanliness; the father exercises authority in certain things, the mother in other ways; the boys are given certain work, and the girls other duties; the regulations change as the children grow older. That is family government, and there can be no peace or order in the home without some such government. In the school the pupils are placed in classes and each member of the class is required to prepare the same lessons and use like books; they are required to be at the school at given hours, to spend an allotted time in study, and to obey the directions of the teacher. Without such regulations there would be disorder and confusion, no system in study, no advancement in learning. Teachers must be employed, and that means there must be boards to employ them, and those boards must be supplied with money with which to pay teachers and build school houses. If the school is a public one the money must be raised by taxation, and if a private one it must be raised in some other way. The boards make certain rules for the guidance of the teacher, and others to be observed by the pupils. And the duties of the boards are (9) 10 CIVIL GOVERNMENT OF THE UNITED STATES. prescribed by law, or if a private school, such as a college, by the bodies creating them. So teachers and boards are a part of the school, and are required to do certain things, just as the pupils are required to do others. That is school government. With those illustrations in mind, as explanatory, we are ready to define government. To govern is to direct and control; to regulate by authority; to restrain; to establish and maintain order. Government is the act of governing; it is the mode of governing; it is the exercise of authority; it is an attempt to establish and maintain order. There is government in the home, government of the church, govern- ment of the school, government of the city, government of the county, government of the state, and government of the nation, and all are attempts to establish order, avoid con- fusion and discord, and bring about concerted action; and that is accomplished by the establishment of rules, regulations or laws, and investing certain persons or officers with authority to compel their observance. What is meant by government in this book is government of the nation, the state, and of counties, cities and schools in the state; it is that public authority which regulates and de- termines the personal and property rights of all the people within the nation or state, or any of its smaller divisions. It consists of laws and officers, and the methods by which the laws are enacted and enforced. Government, then, is or- ganized public authority. 1. Reasons for Government. — The Declaration of In- dependence proclaimed that all men are endowed by their Creator with certain "unalienable rights," or rights that cannot be taken from them, and that "among these are life, liberty and the pursuit of happiness," and that "to secure these rights governments are instituted among men." This is a comprehensive reason for government. The purpose of government is to protect the people in their right to "life, GENERAL PRINCIPLES. 11 liberty and the pursuit of happiness." Government does not give life or liberty; those are Heaven-born rights. But government may aid every man in using his life and liberty in an orderly and useful way, and it has the right to say that he shall not so use either as to transgress upon the life or liberty of another. Its purpose is to aid all men in a just and intelligent pursuit of happiness; and that is the real reason for government — in order that men may justly and intelligently use their lives and liberty in the pursuit of happiness. Without government life would be insecure, liberty uncertain, property valueless, and the various pursuits of industry impossible. All civilized peoples have had govern- ment in some form, and the better they have become the more firmly established have been their governments. 2. Forms of Government. — In this age the principal governments may be divided into two classes, monarchies and republics. The word monarchy means the rule of one man, the government of one person. In such a nation all power resides in and proceeds from one monarch. There have been nations in which the ruler, styled king, despot, emperor, czar, shah or sultan, had absolute power of life and death over the people. He made his decrees for their control, interpreted them as he wished, and enforced them according to his own caprice. He took the lives of his sub- jects at will, appropriated their property at pleasure and main- tained his authority by force. Such a government is usually called an absolute monarchy or despotism. It cannot exist where the people are generalfy educated, and knowing their rights have the courage to maintain them. But perhaps no important nation at this time can be said to be an absolute monarchy. Not many years ago Russia and China were such. But in them and all other great nations the people are more and more taking the government into their own hands; and in the worst big nations officers chosen by a part of the people, at least, have a part in enacting laws, 12 CIVIL GOVERNMENT OF THE UNITED STATES. which limit, in some respects, the absolute will of the ruler. A limited monarchy is a government in which the powers of the monarch are limited by laws. These are enacted by a parliament whose members have been chosen by the people, or a part of them, or established by the people in some other way, and are enforced by courts. In some limited monarchies there is a constitution, or a charter of rights, to which the monarch must submit. The monarch, in such cases, is at the head of the executive branch of the government, and is called king or emperor. England is the best example of a limited monarchy. For more than eight hundred years she has had a hereditary king or queen, but since King John's time her people have had their bill of rights, or the Magna Charta (the Great Charter), and for centuries she has had a Parliament, consisting of the House of Lords and the House of Commons, to enact laws for the kingdom, and courts to enforce those laws. But the powers of the sovereign are not the same in any two limited monarchies. In England they are largely formal and perfunctory; in Germany, they are extensive and great. An oligarchy means government by a few men. The word aristocracy literally means the rule of the best, and an aristocracy means government by the principal persons of the state. At the present time there is in reality no nation on earth where the government is distinctly an aristocracy or oligarchy; but a distinguishing feature of all monarchies is that the people are divided into classes, and one class is its aristocracy. Thus, in England the House of Lords is composed of persons who have inherited the title of lord from an ancestor, or had it bestowed upon them by the king or queen for some distinguished service in war, or letters, or in the affairs of state or church. In all monarchies certain persons enjoy special privileges denied to others. The 'idea behind such distinctions is that only a few persons are capable GENERAL PRINCIPLES. 13 of sharing in the fashioning or the administration of govern- ment ; that those few are capable because of their noble birth or great wealth or wide learning or some other accident of life; that it is unsafe and unwise to grant to the great mass of mankind the right to share in the making and administra- tion of government, although they must bear its burdens; and that unusual favors and privileges are to be enjoyed by those few who are capable. A republic is a government by representatives chosen by the people. It is sometimes called a government by laws. These laws are made by representatives chosen by the people, and are enforced by officers chosen by the people, or appointed by other officers who have themselves been chosen by the people. The people are the source of all power in a republic. Whatever power the government has, has been given it by them. They can, in an orderly and prescribed way, lessen or increase that power when they choose. Their laws do not divide the people into classes. No one has inherited a title or special privilege from an ancestor. All persons are equal before the law. Its purpose is to give to all equality of right and opportunity. The laws are attempted to be framed so as to give all persons an equal chance to pursue whatever useful occupation they may wish. In intelligence, in man- hood, in abilities, in social position they may be very unequal. But their legal rights are the same. The United States presents the best example of a republic ever known. France and Brazil, and other nations of South America, also have republican governments, but less perfect than ours. A government directly by the people would be a pure or primary democracy. In such a government all the people would come together in general council and enact laws, and in the same way enforce them. There would be no repre- sentatives chosen by them to act for them, but they would act for themselves, and each would have equal powers. They would in a general council choose some of their number to 14 CIVIL GOVERNMENT OF THE UNITED STATES. do a certain public work directed by them to be done, such as the paving of a street or the building of a bridge, and fix the terms and compensation for doing it. Such a government might be made successful and efficient in a very small nation ; but in a country of extensive territory and a large population it would be impossible. A republican form of government, therefore, where laws are enacted and enforced by representa- tives chosen by the people to act for them, is the most efficient and just, and, in the end, the fairest and fullest expression of popular will. 3. The Progress of Government. — Through all the ages the people contended with their kings for a greater share in government. Enlightened men dislike to have all power vested in one man or a few men. They are fond of self-government or a government of their own fashion- ing. But among most nations in early times all authority was lodged in one person, and the people enjoyed only such powers as he chose to give them or as they forced him to yield to them. As the people have become stronger and more capable of self-government, they have forced their kings to permit them to share more and more in the affairs of government, or have replaced them with officers of their own selection. This has been the contest of all the past. It has been an issue between democracy and imperialism, and democracy has gradually won, and now in all enlightened nations the people — the whole people — are more and more admitted to be the rightful source of governmental au- thority. If they are to exercise such exalted powers they must be wise, and educated, and just, and virtuous. 4. Whence Come Its Powers. — The Declaration of Independence further declares that governments derive "their just powers from the consent of the governed." This is an underlying principle in America. Government here is a creation of the people. It has no authority it does not derive from the people. It is established and maintained GENERAL PRINCIPLES. 15 by the people for their own good. This consent of the peo- ple is found in the laws of the land. The laws have been made by lawmakers chosen by the people, and the people are bound to submit to the laws so made until repealed by the same law-making body, or declared by the courts to be in conflict with their Constitution and therefore not laws at all. 5. What Consent Means. — But "consent of the gov- erned" does not mean that men can refuse to have any government at all. Government is necessary for the happi- ness of mankind. It does not mean that every man must consent before the government can exercise any authority. The consent of every man could never -be obtained. It means that the government is the kind that the great mass of the people have established for themselves. It means that the laws passed and enforced are, for the time being, the expression of their will, and being such, it is the duty of all men to yield to its authority and support its institu- tions. Questions on Chapter I. L Illustrate government by the home, (la) 2. Illustrate it by the school, (la) 3. What is government? (la) 4. What government is discussed in this book? (la) 5. Can you define government in one short sentence? (la) 6. What does the Declaration of Independence say governments are for? (1) 7. What would be the result of no government? (1) 8. Into what two great classes are governments divided? (2) 9. What is an absolute monarchy? (2) 10. A limited monarchy? (2) 11. An oligarchy? (2) 12. An aristocracy? (2) 13. What is characteristic of all monarchies? (2) 14. What is a republic? (2) 15. What would be a pure or primary democracy? (2) 16. What conflict has progressed through the ages? (3) 16 CIVIL GOVERNMENT OF THE UNITED STATES. 17. Whence come the just powers of government? (4) 18. Why is government maintained? (4) 19. In what is the consent of the people expressed? (4) 20. What does "consent of the governed" not mean? (5) 21. What does it mean? (5) 22. What is the duty of all men? (5) CHAPTER II. ♦CHARTER AND COLONIAL GOVERNMENTS. 6. Government a Development. — A better understand- ing of our government as it is today will be reached if we trace its origin and development. Was our government the invention of a few men who met in convention in Philadelphia in 17S7 and in less than five months evolved out of their own minds, as an original creation of their brain, a constitution, unlike any that ever existed before, and under which, with few material changes therein, the United States have grown from about three and a half millions of people to over one hundred millions, and have become one of the greatest nations of all time? No. Government is a growth. It is a development, a result of forces that have small beginnings, but which work on and on through centuries, and even thousands of years. Constitutions are a growth as well. "Through all the ages," from the time the first English settlers started to America in search of civil and religious liberty, "one increasing purpose runs," and that purpose has been to establish a government that would be strong enough to maintain justice, order and peace, and at the same time make sure and permanent the civil and religious liberties of the people. In tracing that growth we shall see how our republican form of government has gradually unfolded; how ♦Note. — In this chapter the author has followed the plan of development of John FIsko In his excellent "I'ivil Government of the United States," pub- Uabed by Houghton, Miiflin & Co., Boston. CHARTER AND COLONIAL GOVERNMENTS. 17 it began in small concessions from the English kings, and how the people in America as they seized hold of each conceded right held it within their grasp, and more and more came to consider themselves the source of all governmental power; and how the charters granted by the kings, as the people's bills of rights during the colonial days, were later enlarged into constitutions, and the colonies into states; and how those states were consolidated into a nation, and those con- stitutions used as patterns' for the construction of a Con- stitution or chart for the authority of that nation. 7. The Charters. — In a repubUc the Constitution is the fundamental or organic law of the nation or a state. It is its chart, by which all its legislative or other acts are bounded. The germ of a written constitution existed a long time ago. We are indeJDted to the ancient Romans for it. It originated in a custom among them of regulating things by contracts. In this country business and all affairs of life are regulated by contracts or agreements, but we owe that idea to the Romans. "It was after they had become thoroughly familiar with the idea of a contract," says the learned John Fiske in his Civil Government of the United States, "that the practice grew up of granting written charters to towns or other cor- porate bodies." These charters were a kind of contract. For a certain amount of money to be paid or a certain number of soldiers or ships to be furnished, or for some other valuable thing, certain privileges or liberties were granted to the town by the king or feudal lord. What he granted to the town or company he expressed in a written paper, signed by himself, called a charter. The people sometimes called them "the title-deeds of their liberties." And that is just what a con- stitution is — it is the charter of the people's rights. From the idea behind these town charters came the Magna Charta — the Great Charter — of English liberty, in 1215, in which King John was forced to grant "to an accused the right to a trial by a jury of his own peers" and to concede to his barons 18 CIVIL GOVERNMENT OF THE UNITED STATES. many other privileges and liberties. From these town charters, also, came the idea which in later times prevailed in England for nearly two hundred years of granting to settle- ments in the New World certain priyileges. A charter then came to mean "a grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoyment of certain rights." 8. The First Charter.— In 1606 two great joint stock companies were organized in England, the London Company and the Plymouth Company,^ for the purpose of establishing settlements in North America. To the London Company the king, James I., granted the coast between latitudes 34° and 38° north, or between the southeastern corner of what is now North Carolina and the mouth of the Potomac. The grant was to include all the territory between these two lati- tudes westward to the Pacific ocean_. It therefore was a belt or zone four degrees wide from sea to sea. To the Plymouth Company he granted the coast between latitudes 41° and 45°, or from about the site of the present city of New York to the southern boundary of New Brunswick. It, too, included all the territory from the Atlantic to the Pacific. The zone which lay between these two was open to both companies, with the exception that neither should make a settlement within 100 miles of one already made by the other. To these companies the king gave one charter, in which he declared "that all persons, being our subjects, which shall go and inhabit within the said territory, and their children and posterity which shall happen to be born within any of the limits thereof, shall have and enjoy all liberties, franchises and immunities of free denizens and natural sub- jects within any of our other dominions, to all intents and purposes as if they had been abiding and born within our realm of England." By this charter persons born within any of the three zones were given the same political rights as English freemen born in England. Upon these rights CHARTER AND COLONIAL GOVERNMENTS. 19 the colonists in America ever afterwards insisted, and when George IIL, in 1765-1775, undertook to take those rights from them, they resisted, first by solemn protest often re- peated, and later, when protest had failed and he tried to force them to yield to his violation of their charter rights, by going to war with him. 9. The Settlement in Virginia. — ^The first settlement was made by the London Company, and in the lower belt, on the James River in Virginia, in 1607; and as the charter guaranteed to them the same privileges as were enjoyed by freemen of England, trial by jury was secured to the colo- nists, and lands descended in Virginia as they did in Eng- land, that is, to the oldest son. In 1619 the colonists in Virginia obtained a modification of their charter by which a representative government was, in part, secured. By the terms of the charter the London Company was to be controlled by a council in England appointed by the king, and this council in turn appointed a governor for the colony and a council of thirteen to reside in the colony, and now by this amendment was added a general assembly composed of two burgesses from each settlement or borough, elected by the inhabitants. The people supposed they were founding towns, and so they called each member of their assembly a burgess, that is, a representative of a borough or town, and they called the general assembly of their representatives the House of Burgesses; but as the years went by and no im- portant towns were built, but the inhabitants became more and more planters or farmers, counties were organized, and thereafter the Burgesses sat for counties. Nevertheless, the name of their assembly continued to be known as the House of Burgesses until a new code of laws was established during the Revolutionary War. It was a truly representative body, and the first legislative body that ever sat in America, its first session being at Jamestown, July 30, 1619. It con- trolled the expenditure of public money raised by taxation, and determined the amount of general taxes to be annually 20 CIVIL GOVERNMENT OF THE UNITED STATES. raised for the colony. It was the lower house of the legislative assembly. "The Governor always had a Council to advise with him and assist him in the execution of his duties, in imitation of the King's Privy Council in England, and this Council took part in the work of legislation, and thus sat as an upper house, with more or less power. of amending the acts" of the House of Burgesses, and it and the governor were considered as representing the king and as expressing his wishes, and hence his will was always potent, but never- theless the Burgesses never ceased to insist on the terms of their charter which gave them the same political privileges and liberties Englishmen enjoyed at home. It is necessary to note that the Council were never elected by the people, but after a time were appointed by the Governor; and that the Governor was at first appointed by the London Company, but later by the king, and hence thereafter Virginia was called a "Crown Colony,'* since the Governor and Council were supposed to speak the will of the crown or king of England. 10. In Massachusetts. — ^The next settlement was in Massachusetts, in the northern zone, and its colonial gov- ernment was also organized in part under the charter granted to the London and Plymouth companies, but more largely under a charter granted in 1629 to the "Governor and Com- pany of Massachusetts Bay in New England." The free- men of this company were to hold a meeting four times a year and were empowered to elect a governor and a council of eighteen assistants, who were to hold their meetings each month. Although the company was organized in London, nothing was said as to the pjace where these meetings were to be held, and "accordingly after a few months the company transferred itself and its charter to New England, in order that it might carry out its intensions with as little interfer- ence as possible on the part of the king." After their arrival in Massachusetts the number of freemen increased so fast CHARTER AND COLONIAL GOVERNMENTS. 21 that it was impossible to have a primary assembly of all the freemen, and so the freemen of each town or township chose representatives to act for them, and a representative assem- bly was thus originated. These representatives were called Deputies. They did not sit for counties, as in Virginia, but for towns or townships, and so from that day to this the "town meeting" has been an important part of New England government. These Deputies at first sat in the same cham- ber with the Council of Assistants and with them constituted the legislative body, but in 1644 the legislature was divided into two chambers, the Deputies forming the lower house, while the Assistants, who were also called Magistrates, com- posed the upper house. This legislative body was called the General Court, a name the legislature of Massachusetts bears to this day. It was not only the legislative, but at the first the highest judicial body of the colony, and hence the reason for calling it the General Court. It will be seen that this government was practically an independent republic. The freemen elected their Governor and their Deputies, and the Magistrates were nominated by the General Court and chosen by the people. A people who can make laws for themselves are independent, and if those laws are made by representatives chosen by themselves, and enforced by governors or other officers also chosen by themselves, their government is a republic. In Massachusetts the king could impose no effective checks upon the legisla- ture except by repealing the charter, or by appointing a Governor and Council himself, and backing them up with an army if resisted. Those things he often threatened to do, and both he did fifty or sixty years after the charter to the Massachusetts Bay Company had been granted, for the Gen- eral Court permitted only members of the Puritan or Con- gregational Church to vote, a thing very distasteful to the king. So in 1684 he annulled the charter, and placed the colony under a military viceroy; but eight years later, or in 22 CIVIL GOVERNMENT OF THE UNITED STATES. 1692, a new charter was sent over, under which the people were allowed to elect representatives to the General Court, as before, but the Governor thereafter was to be appointed by the king, and all acts of the General Court were to be sent to the king for his approval. Thus the government of Massachusetts became similar to that of Virginia, and re- mained so down to the Revolution, and hence both of these great colonies were thereafter known as "Crown Colonies," because they were under the king's immediate control. But in no crown colony, or in any other, were the people ever taxed to support the king or the English government. In all the colonies taxes originated with that part of the legis- lature usually denominated "the assembly," whose members were chosen by the people, and those assemblies determined what things should be taxed, and how much, and for what purposes the taxes should be expended. New Hampshire, which at the first was practically a part of Massachusetts, was in 1679 made a crown colony. 11. Proprietary Colonies. — In 1624 the subservient courts of England, at the request of the king, annulled the charter of the London Company, and in 1635 the Plymouth Company surrendered its charter. . This proved the down- fall of those companies, and after that the king gave lands in America, especially those lying within the middle zone, to his favorites. He thus gave Maryland to Lord Baltimore, and Pennsylvania and Delaware to William Penn. The charter of Maryland invested Lord Baltimore with very extensive privileges and powers over the land and colo- nists. He "was made absolute lord of the land and waters, could erect towns, cities and ports, make war or peace, levy tolls and duties, establish courts, appoint judges and other civil officers, and pardon offenders." For this extensive grant he was to pay the king a small tribute — two Indian arrows yearly and one-fifth the gold and silver mined. But he could make laws only "with the assent of the freemen of CHARTER AND COLONIAL GOVERNMENTS. 23 the province." And the king further bound himself and his successors to lay no taxes or customs upon the people of the province. He gave Baltimore the title of Lord Propri- etary of Maryland, and this title and these powers were made hereditary in his family. The government was car- ried on by a governor and a legislature of two houses. The lord proprietary appointed the governor and the members of the upper house, but the members of the lower house here, as in Virginia and Massachusetts, were chosen by the peo- ple, "and in accordance with the time-honored English custom all taxation must originate in this lower house." The proprietary government of Pennsylvania was some- what similar to Maryland's. Penn was the lord proprietary, and the office was hereditary in the Penn family, and this officer appointed one governor for both Pennsylvania and Delaware, but each had its own legislature chosen by the people. This legislature had only one house. The council, which was appointed by the proprietary lord, advised the governor and aided him in governing the province, but took no part in legislation. These two colonies were called proprietary colonies be- cause the lands were granted, not to a company or the set- tlers, but to a feudal lord, who appointed their governors and exercised almost kingly authority over them. 12. New York and New Jersey. — ^There were also other crown colonies besides Virginia, Massachusetts and New Hampshire. The principal ones were New York, New Jersey, the Carolinas and Georgia. New Netherland was first settled by the Dutch, but in 1664 the English conquered it from them, and the king of England granted it to his brother, the Duke of York, and thus it became a proprietary colony, and took the name of New York, but in 1685 this same duke ascended the throne as James II., and so New York thereby became a crown colony, its governors from that time on being appointed by the king. The English had 24 CIVIL GOVERNMENT OF THE UNITED STATES. also conquered from the Dutch the country lying between the Hudson and Delaware, and it too was granted to the Duke of York, who in turn granted it to two of his friends, Berkeley and Carteret, and thus marked off the colony of New Jersey. It thus became for a time a proprietary colony, sometimes under one government, sometimes divided be- tween two, but in 1702 the rights of the Jords proprietary were surrendered to the king, and thereafter New Jersey was a crown colony. 13. In the Carolinas and Georgia. — The provinces of North and South Carolina and Georgia were carved out of territory once embraced within Virginia. There were among their settlers, especially in South Carolina, some French Huguenots, but the government of all the provinces was English. At first this was proprietary, but proprietary governments were not popular in America. The proprie- tary lords usually resided in England, and seldom visited their colonies. They looked upon them as sources of per- sonal income, and so long as the amounts demanded were peaceably paid they took little interest in the settlers or their affairs. They often appointed worthless favorites to office in the colonies for whose support the colonists were taxed, and this became a source of constant contention be- tween the inhabitants arid their lords proprietary. So these proprietary charters were after awhile surrendered to the king, and these colonies then took on the form of government which Virginia had. That is, their governors were appointed by the king, and hence they too became crown colonies. But there was yet another kind. 14. The Republican Colonies. — Connecticut and Rhode Island were early settled by persons from Massachusetts and it was very natural that their governments were like that of Massachusetts, as those of the Carolinas were similar to that of Virginia. There the governors, councils and as- semblies were elected by the people, just as they had been by CHARTER AND COLONIAL GOVERNMENTS. 25 the freemen of each town in the early days of Massachusetts. Thus they made their own governments, and in 1662 these were confirmed by charters from the king, and these charters were never repealed, but so thoroughly republican were these governments that they remained unchanged until long after the Revolution. 15. Marked Features of Colonial Governments. — ^Thus we have set forth the three kinds of government that ob- tained for all the years before the Revolution among the thirteen colonies that first formed the United States of America. These were: first, crown colonies, whose gov- ernors the king appointed, and whose laws were subject to his approval, although enacted by a legislature, one house of which was appointed by the governor and the other chosen by the people; second, proprietary colonies, whose governors and councils were sfppointed by a hereditary lord, but whose laws were enacted by legislatures chosen by the people; and, third, republican colonies, whose governors, councilors and legislators were chosen by the people. The governments of all these existed under charters from the king, and those charters always fixed a boundary to the king's authority, and also to the people's rights. We shall see further on how the people of the various colonies enlarged the governments which had grown up under these charters into independent States existing under written constitutions, and then organ- ized those States into a nation called the United States of America. Questions on Chapter II. 1. Is government an invention or a development? (6) 2. What purpose runs through American history? (6) 3. In what did written constitutions originate? (7) 4. Who granted charters and what for? (7) 5. What did a charter come to mean? (7) 6. To what companies were the first American charters granted? (8) 7. What was granted to the London Company? (8) 26 CIVIL GOVERNMENT OF THE UNITED STATES. 8. What to the Plymouth Company? (8) 9. What about the zone lying between these two? (8) 10. What guaranty did this charter contain? (8) 11. What rights did America obtain by that charter? (8) 12. What was the first settlement? (9) 13. What two things were secured through their charter? (9) 14. How was Virginia to be governed under their charter? (9) 15. What great privilege came as a result of a modification of the charter? (9) 16. Why did the people call their assembly the House of Burgesses? (9) 17. How long did the House of Burgesses last? (9) 18. What was the House of Burgesses? (9) 19. What did it always cofitrol and determine? (9) 20. Where was the next settlement? (10) 21. Under what charter? (10) 22. How were the governor and council chosen? (10) 23. Why did they abandon their primary assembly? (10) 24. What is said about a primary democracy in section 2? 25. What did the Massachusetts freemen substitute for their pri- mary assembly? (10) 26. What did the deputies represent? (10) 27. What is said about town meetings? (10) 28. How was the legislature divided? (10) 29. What was it called and why? (10) 30. How were the deputies, assistants and governor elected? (10) 31. What kind of government was this? (10) 32. How could the king thwart the legislature? (10) 33. What changes did the new charter make? (10) 34. What kind of colony did Massachusetts now become? (10) 35. What were the proprietary colonies?^ (11) 36. What powers did the king give to Baltimore? (11) 37. How was the Maryland legislature composed and chosen? (11) 38. Where did taxes originate in Maryland? (11) 39. What is said of Pennsylvania and Delaware? (11) 40. Why were these called proprietary colonies? (11) 41. What other crown colonies were there? (12) 42. What is said of New York? Of New Jersey? (12) 43. Of Georgia and the Carolinas? (13) 44. What was the character of their government and what is said of lords proprietary? (13) I 45. Describe the republican colonies. (14) I THE RISE OF THE AMERICAN STATES. 27 46. State the difference between the three classes of colonies. (15) 47. WTiat purpose did the charter serve? (15) 48. Into what were charter governments enlarged? (15) CHAPTER III. THE RISE OF THE AMERICAN STATES AND THE UNION. 16. The Breaking Up of Colonial Governments. — In each colony the people were taxed for the support of the colo- nial government, and the assemblies chosen by them had almost from the beginning determined how much that tax should be and for what purposes the money should be used. They would not permit their governor or their king to de- termine those things for them. Their charters guaranteed them the right to determine those things for themselves. They claimed that no taxes could be imposed on English freemen anywhere except by representatives chosen by the people. No colony had ever had a representative in the Parliament of England, and hence the colonies always in- sisted that neither the king nor Parliament had any authority to impose taxes on them. "Taxation without representation is intolerable and unjust,'* they said; and this claim went undisputed until about 1765, and then when Parliament began to enact laws taxing them, the assemblies disputed its authority, and called on the people not to pay the taxes. Thus began a contest over the authority of Parliament to tax the colonies which lasted for ten years and culminated in the Revolutionary War. A law enacted by the Parliament fixed the salaries of the colonial governors and judges", and to pay these salaries im- posed taxes on certain articles shipped into America, among others a tax of three pence a pound on tea. The king ap- pointed commissioners at the various ports to collect the taxes as the ships came in. To aid the commissioners and to suppress any resistance among the people, armies Were 28 CIVIL GOVERNMENT OF THE UNITED STATES. brought over from England, and quartered in the principal towns, and the taxes were also to be used in supporting these armies. The tax was small, and it was not its amount to which the people objected, but it was a principle for which they contended, and that was that they could not be taxed at all without their consent. For Parliament to impose any tax whatever would be to violate their charters. A free people will not be forced by armies or soldiers from across three thousand miles of sea to tamely and quietly submit to a persistent violation of their constitutional rights. In November, 1773, three ships loaded with tea sailed into Boston harbor. A hundred citizens or more boarded them and threw the tea into the sea. This has ever since been known as the ''Boston Tea Party. ^ The purpose was to give notice that the colony would resist even by force any attempt of the king and Parliament to violate their charter. They would not be compelled to pay taxes which had not been imposed by their own representatives, nor to support by taxation officers whom they had not chosen or armies quartered on them without their consent. But their act was a defiance of Parliament. They had disobeyed its law, and disputed its authority; force had been used, rebellion had begun, and independence would soon follow unless Boston were subdued. All parties in England agreed that they must be punished. It was not thought the other colonies, or the other towns in Massachusetts, would support Boston in its bold defiance of Parliament and the king. But they did; and we must now trace the steps by which united action was brought about. 16a. Conventions. — In Virginia and Massachusetts the action of the legislative assemblies in disputing Parliament's right to tax the colonies and to force them to yield to its authority, brought down on them the resentment of the governors, who retaliated by dissolving the assemblies. "During the few years preceding the Revolution, the assem- THE RISE OF THE AMERICAN STATES. 29 blies were so often dissolved by the governors that it became necessary for the people to devise some new way of getting their representatives together to act for the colonies." New assemblies, to which the people chose delegates or represent- atives, were thus brought into existence. At first they were called conventions. In Massachusetts and one or two other colonies they were called "the provincial congress." Through them in time the people established new legislatures of their own, and in the end complete governments of their own. The way this was done will be illustrated by setting forth what went on in Virginia. 17. Provisional Governments. — When the House of Burgesses passed resolutions making the cause of Massachu- setts their own, and calling on all the colonies to do the same, the governor dissolved the Assembly. A few of the bolder members, like Thomas Jefferson, Patrick Henry and Richard Henry Lee, immediately met at a hotel and agreed upon a line of action, and having made that known to the people they were promptly re-elected. On re-assembling, the House of Burgesses was again dissolved by the governor, for taking action in opposition to the tax laws and the other oppressive acts of the king. These same patriots, now joined by others, again assembled at the hotel and again agreed upon a line of action for the colony. They called on all the counties to send delegates to a convention to be held at Williamsburg, the capital of the colony. That was done, and the convention began to devise a plan of government that would exclude the king and Parliament from exercising any authority in the colony. That was a radical movement; a movement towards independence. The people of Vir- ginia were almost unanimously for it, but one colony could not alone succeed in it. It could be made to succeed only by united action among all the colonies. Then the members of the convention opened their eyes wider, and saw that the same desire for united action was stirring the other colonies. 30 CIVIL GOVERNMENT OF THE UNITED STATES. and hence they elected delegates to a Continental Congress to be held in Philadelphia in September, 1774. But the movement in Virginia went on. In the spring of 1775, the governor, Lord Dunmore, who had been ap- pointed by the king, was, by an armed force under Patrick Henry, driven from his palace, and took refuge on a war ship, having, however, before his flight convened the House of Burgesses, which, after having called another session of the convention and thereby lent authority to its existence, adjourned in July, 1775, and this was the end of the House of Burgesses. It never afterwards held another session. The convention called by it appointed a "Committee of Safety," consisting of eleven distinguished men, to take charge of the executive affairs of the colony. Dunmore, after being defeated in battle, returned to England, and so the convention at its next session in May adopted a bill of rights and a written constitution — the first adopted in America. This constitution provided for: (1) a legislative body consisting of a house of delegates and a senate, to be elected by the owners of land; and (2) a governor; (3) a council of eight members; and (4) trial courts and an ap- pellate court, all to be chosen by the Assembly, or this legis- lative body. Patrick Henry was chosen the first governor. Thus Virginia became an independent republic. There were no more governors appointed by the king. Henceforth the people would govern themselves, under a constitution and laws of their own making. 18. The Rise of the States. — In Massachusetts, New York and other colonies the governors appointed by the king were put aside in much the same way as in Virginia. Com- mittees of safety were appointed to manage the affairs of the colony until a convention chosen by the people met and framed a written constitution, under which the people chose their own legislature and governor and provided for their own courts. The word "colony" now disappeared. Each began to call THE RISE OF THE AMERICAN STATES. 31 itself a "State" or "Commonwealth," and from that time on they have been so designated. An independent republic is not a colony; it is a commonwealth, or a state. 19. The Formation of the Union. — But the successful breaking away of the colonies from the dominion of the king left each free to go its own way. There was no central authority to bind and hold them together. Each was free to defy the king single-handed and alone, and to try to make a separate nation of itself, absolutely independent of all the other colonies and of all the rest of the world; or it could if the other colonies were willing unite with them in winning their independence and in a permanent union. The col- onies were quick to see that they could succeed in their war only by uniting. Their interests were the same, their griev- ances much the same, their inhabitants very much alike in speech, religion, blood and love of liberty, and England was powerful. "United we stand, divided we fall," they said. The same men who led the people into resisting the king and Parliament also led them towards forming a union. To trace the various steps it will be necessary to go back a little. 20. The First Attempt.— "In 1754, just as the final struggle between the French and English in America was beginning, Benjamin Franklin brought forward his famous plan for a federal union," in order that the colonies might act in concert in that coming struggle with the French; and that plan was laid before a congress held in Albany, New York. Seven colonies were represented at that congress, by twenty-five delegates, who unanimously assented to Frank- lin's plan, which was that the common interests of the colonies should be cared for by a congress of delegates chosen by their several assemblies, and by a "president-general" appointed and paid by the English king, who was to have power to veto any act of the proposed congress. The king and his ministers had suggested the holding of this congress, but the plan was rejected by them because they thought it gave too much 32 CIVIL GOVERNMENT OF THE UNITED STATES. power to the congress, and the colonial assemblies rejected it because they thought it gave too much power to the presi- dent-general. This was the first time the word "congress" was applied to an American body; and while no union was formed, ideas of united action were suggested by the attempt which were not forgotten as the troubles of the colonies thick- ened during the next twenty and even thirty-five years. 21. The Colonial Congress. — Soon after Parliament had in 1765 passed the hateful Stamp Act, which was the first real attempt by it to impose taxes on the colonies, it was proposed in Boston, under the lead of James Otis, that a general congress of all the colonies be held, to be composed of delegates from each colony chosen without leave of the king. South Carolina was the first to respond to that call. In response to it there was held in New York, on October 7, 1765, what has since been known, for want of a better name, as "the Colonial Congress." It met before some of the colo- nies had received notice of the call, but nevertheless delegates from nine colonies were present. Nothing, however, was done beyond the drawing up of a declaration of rights in which it was declared that the American colonies would not consent to be taxed except by their own representatives. 22. The Continental Congress. — In the spring of 1773, the Virginia House of Burgesses, "sensible that the most urgent of all measures was that of coming to an understanding with all the colonies, to consider the British claims as a com- mon cause, and to produce a unity of action," devised a plan for "committees of correspondence" between the colonies. Out of this action grew the Continental Congress. A "com- mittee of correspondence," of which Peyton Randolph, the Speaker of the Burgesses, was chairman, was appointed, which prepared a circular letter to the speakers of the as- semblies of the other colonies. The other colonies eagerly fell in with the plan, and thus each legislative body was kept constantly informed of what was going on in all the other THE RISE OF THE AMERICAN STATES. 33 colonies. By this means a mutual understanding was brought about. United action was the result. From that time on the colonies more and more acted together. For the purpose of punishing Boston for the "Tea Party" and the open defiance of its authority (spoken of in section 16), Parliament, in the spring of 1774, undertook to shut up the Boston port against all ships, suspended the charter of Massachusetts, and required the chief offenders to be sent to England for trial. These were tyrannical acts. They were intended not only to suspend all charter rights — the main right of the people to control, through their chosen representatives, the internal affairs of the colony — but to compel them, by^ destroying their trade and by other acts of oppression, to submit to being governed according to the unrestricted will of Parliament and the king. The patriots of Massachusetts, led on by Samuel Adams, determined to resist. They called upon the other colonies to stand with them. The call was heard. The response was general and spontaneous. In Virginia the leading patriots determined to "stand in line with Massachusetts," and their committee of corre- spondence proposed to like committees in the other colonies "to appoint deputies to meet in congress annually, at such place as should be convenient." The other colonies acceded to the plan, and Philadelphia was chosen as the place, and September 5, 1774, as the time, of the first meeting. Every colony except two was represented. The delegates or "depu- ties" were men of large abilities. George Washington was one of them. They drew up a memorial to the king and people of Great Britain for a radical change of policy towards the colonies. It was so earnest, so moderate in tone, so fair in its demands for justice and so outspoken in its quiet de- termination, that many friends for the colonies were gained by it, not only in Parliament, but on both sides of the sea. The Congress remained in session seven weeks, and then ad- 34 CIVIL GOVERNMENT OF THE UNITED STATES. journed to meet again in May, 1775, if their prayer for redress failed. Their well expressed memorial did not change the mad course of Parliament or the haughty king, and so on reassembling the Congress organized the Continental Army, elected George Washington its commander, and authorized him to use it in defense of any colony which might be attacked by the king's troops. It was called "continental" because the desire was that every colony on the continent would send delegates to it, and also to distinguish it from "provincial congresses" or conventions which had lately been held in some of the colonies. It was not a parliament; it was a congress, that is, an assembly composed of delegates of the States; for Thomas Jefferson tells us that they came with "instructions very temperately and properly expressed" which had been given them by the convention or legislature choosing them, and these instructions defined and limited their authority. They were expected to obey' them, and to undertake to do nothing that they did not authorize them to do. After its session in 1775, to which all the thirteen colonies sent delegates, the Continental Congress became a continuous body until it became apparent that the new Constitution providing for the Congress now existing in Washington would be adopted, and then in 1788 it went out of existence, having died of old age. 23. Independence. — On July 4, 1776, the Continental Congress proclaimed the Declaration of Independence, in which it declared that all political connection between "these United Colonies" and Great Britain "is and ought to be totally dissolved." This declaration would be made good if the colo- nies won the war then waging. If they won, they would in fact be "free and independent States." They did win, and hence "all political connection" with Great Britain was at an end. THE RISE OF THE AMERICAN STATES. 35 24. National Unity. — That political connection had given them a national unity. They had all been American colonies in subjection to the English king, and his admitted authority over each had been the tie that bound them to- gether as a part of a great nation. But that bond was now broken, that authority they had thrown off, and now they had no * 'political connection'* with any other nation or with each other. They were much alike, they had locked arms and were now fighting their common king, and meant to live under laws of their own making, but they were not united into a nation. They were not only "free and independent States," but they were independent of each other, separate from each other. They had come together in Continental Congress for the purpose of fighting the war. That alone made their united efforts a mere league, which could be dis- solved when the war was over. But if they were to become a nation they must unite with each other permanently, must form a political bond that would bind them together, not only for the war, but for all time. They, therefore, under- took to form a "perpetual union between the States," but they were long in doing it. They tried it through two writ- ten constitutions. The first was the Articles of Confedera- tion. 25. The Articles of Confederation. — Four days after the committee was appointed to prepare the Declaration of Independence, another was named to frame "articles of con- federation and perpetual union" between the thirteen States, but it was November 15, 1777, before the Continental Con- gress agreed upon what those articles should contain. They were to be binding on all the States when the legislative as- sembly of each of the thirteen authorized its delegates in Con- gress to sign the Articles on behalf of their State. This was not done until the first of March, 1781, and even then it was found that "the perpetual union" the Articles provided for 36 CIVIL GOVERNMENT OF THE UNITED STATES. was a rope of sand. They created a mere confederacy be- tween the States and not a real government. They provided for a Congress to consist of one house and to be composed of not more than seven nor less than two delegates from each State, to be annually chosen as the legis- lature thereof should direct. But the delegates voted by States and not as individuals, that is, each State had one vote, and how that vote was to be cast was decided by a majority of its delegates, and it took the vote of nine States to enact a law or pass a bill. The Articles provided for no President, but for only a ''Committee of the States," to consist of one member from each State, to act for the Confederacy during the recesses of Congress. The Congress had no authority to levy taxes or impost duties. Money to carry on the war and to pay the other expenses of the Confederacy was to be fur- nished by the several States, in proportion to the amount of land sold or surveyed for private persons within each State. The Congress determined each State's share, and the legis- lature thereof was required to levy a tax on its inhabitants for that amount, but if a State refused to make the levy the Congress had no way to punish it or to collect the tax. The Congress was given power to enact laws on many subjects, but if these were violated the Confederacy had no power to punish the violators, for the Articles provided for no courts. The Congress had contracted a very large debt to carry on the war, and when it called on the States to furnish it money to pay this, several of them refused, and it was without power to compel them to pay. Therefore, an amendment was pro- posed, which would give Congress authority to impose and collect an impost or tariff tax of five per cent. But the Articles themselves provided that they could be amended only by the vote of every State, and Rhode Island held back. So the Congress became a thing without power. It was not a sovereign, for no government is a sovereignty that cannot raise taxes for its own support. It could not pay its debts, I THE RISE OF THE AMERICAN STATES. 37 and had no authority to force the collection of money for any purpose, and no authority to punish any State which failed to keep faith with the rest. The "Continental money" which it issued became practically worthless, and the authority of the Confederacy was sneered at and derided on every hand. Its power began to wane immediately on the restoration of peace, and continued to do so until it began to look as if the union, which the Articles had said should be perpetual, would fall to pieces. 26. A Second Constitution is Framed. — It was ap- parent that a new constitution must be framed or a union of the States abandoned. As a result, an attempt to "form a more perfect union" was begun. In addition to the utter fail- ure of the Confederacy and of the proposal to amend and patch up the Articles of Confederation, two or three other things united to hasten on that attempt and to fasten public atten- tion on the necessity of a union strong enough to stand alone. The first of these was the Shays Rebellion in Massachu- setts in the fall of 1786. That State as a result of the war was heavily in debt, as all the others were, and the taxes it levied on land were excessive, and the homes of the people were being sold, under orders of the courts, not only to pay taxes but their private debts as well. Daniel Shays, late a captain in the Continental Army, rallied a large number of farmers and citizens of small means in the western part of the State, and openly defied the laws and resisted the authority of the courts. For some time neither the sheriff nor the governor was strong enough to put down these rebels, and their suc- cess alarmed the friends of order throughout the land and hastened on the movement for a government strong enough to preserve order. The other was a conflict in the tariff laws made by the several States. Under the Articles of Confederation each State could levy such impost duties as it pleased upon goods shipped to it directly from foreign countries, but could not 38 CIVIL GOVERNMENT OF THE UNITED STATES. impose any duties upon goods shipped to it from other States. Virginia laid duties on certain foreign articles, but Maryland did not. So it came about that goods were landed in Maryland free of duty, and then sent across the Potomac or Chesapeake into Virginia, free of duty again, because now they came from a sister State. Thus the tariff laws of Virginia were dodged and made inoperative. To. remedy this condition, the legis- latures of both States in 1785 appointed commissioners to meet and* adjust their mutual rights. But when these came together it was found that a similar condition might arise at any time between Pennsylvania, Delaware and New Jersey, and therefore one of them, James Madison, who had for some- time been planning for a convention to devise a new scheme of union, induced the commissioners to agree to ask their re- spective legislatures to invite these three States to also send commissioners to a convention to be held in Annapolis in September, 1786. But when Madison returned home he in- duced Virginia to extend the invitation so as to include all the States. Alexander Hamilton stirred up New York to send delegates also, but before the time came for the con- vention Maryland drew back. The convention was held at Annapolis at the appointed time, but there were delegates present from only five States — Virginia, New York, New Jer- sey, Pennsylvania and Delaware. They did little except to formally recommend to all the States to send delegates to another convention to be held in Philadelphia in May, 1787, to "devise such measures as would render the Articles of Con- federation adequate to the exigencies of the Union." And now George Washington steps forward again in be- half of his country. In an autograph letter to Madison he expressed the earnest wish that "Virginia would take the lead in promoting the great and arduous work of reconstruction." "When Virginia lifted the golden roll of her delegates" and showed the name of George Washington at the head of the column, the whole country thrilled with a new hope and a THE RISE OF THE AMERICAN STATES. 39 new inspiration. Pennsylvania headed her list with the name of the great Benjamin Franklin, and New York sent Hamilton. When the convention met in May, 1787, there were 55 dele- gates present from 12 States, Rhode Island alone holding aloof. George Washington was elected president, and his name ap- pears upon the Constitution it framed as its first signer. This convention, known ever afterward as the Constitutional Convention, represented the wisdom, the wealth, the educa- tion, the conservatism and the patriotism of the States. Possibly no abler or wiser body of men ever met in legislative council in the wide world. The local jealousies and the con- flicting interests of the several States contended with each other, and the fear that a government might be formed which would become an unmanageable tyrant made the delegates hesitant and cautious. Often they were on the point of dis- solving without having come to any understanding, but then, as at all other times, their good sense and patriotism prevailed, and before adjournment they framed a constitution which has since been the inspiration and admiration of liberty- loving men everywhere. They were wiser than they knew. The federal Union, formally inaugurated as a result of their work, has become the mightiest nation in the world, and yet, although there have been seventeen amendments, there have really been few fundamental changes in the Constitution they framed even to this day. 27. How the Constitution Was Framed. — ^James Madi- son has justly been called the "Father of the Constitution," for it was largely written by him, but all the delegates had some part in framing it, notably Edmund Randolph of Vir- ginia, Hamilton of New York, Dickinson of New Jersey, James Wilson and Franklin of Pennsylvania, Charles Pinck- ney of South Carolina and Roger Sherman of Connecticut. The Virginia delegates had met in caucus and agreed upon a plan of union, and this plan was brought forward on behalf of Virginia by Edmund Randolph, afterwards the first Attor- 40 CIVIL GOVERNMENT OF THE UNITED STATES. ney-General of the United States. Other delegates, among them Charles Pinckney of South Carolina and Alexander Hamilton of New York, brought forward other plans, but it was the Virginia plan, which had really been written by Madison, that became the basis for the instrument finally agreed upon. But the convention remained in session until September, and every clause in the Virginia plan was consid- ered by sub-committees and in the committee of the whole, and some of them were stricken out and others substituted in their stead, and others modified. So that the instrument as finally submitted for ratification cannot be said to be the work of one man, nor of one delegation, but of all the dele- gates and of all the twelve States represented. 28. How Adopted. — The Constitution provided that "the ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying it," and March 4, 1789, was fixed as the day for commencing the operations of government under it. It was meant to supersede the Articles of Confederation. It was, therefore, sent by the Constitutional Convention to the Continental Congress, eighteen of whose members had been members of the convention which framed it. The Continen- tal Congress directed it to "be transmitted to the several leg- islatures in order to be submitted to a convention of delegates chosen in each State by the people thereof." It was thus really submitted to the people, for in choosing delegates to their conventions the people in each State decided between candidates who had declared themselves either for or against its adoption: Eleven States through their conventions had adopted it by July 26, 1788. Neither North Carolina (Nov. 21, 1789) nor Rhode Island (May 29, 1790) adopted it until after George Washington had been inaugurated the first Pres- dent (April 30, 1789), and hence the Government's authority did not extend to those States until they had done so. THE RISE OF THE AMERICAN STATES. 41 The clause establishing the Constitution only "between the States so ratifying it" was its salvation. Without that clause it could never have been adopted, and the Union would have collapsed. It had been impossible to amend the Arti- cles of Confederation, because that instrument required the unanimous consent of all the States, and Rhode Island had declined to give its consent, and now the same State had not only refused to send delegates to the Constitutional Conven- tion, but held back in the ratification of the Constitution until after the new government was fairly inaugurated. Be- sides, it was only after a long and painful contest that Virginia and New York were brought around to ratify it. Had it required the adoption of every State it is likely that several would have rejected it. To have declared it in force over all as sooa as nine had adopted it, would have been unjust to the State refusing its assent and would, therefore, also have de- feated it. The provision that it was not to be considered established until nine States adopted it, and then only ''be- tween those so ratifying' it," made its adoption certain, be- cause it was seen from the beginning that as soon as nine ratified it the others would fall into line and do the same. The fact that the Continental Congress had directed the Constitution to be submitted to the States for ratification, shut off any right on its part to question the authority of the new Constitution after it had been adopted. It, therefore, as soon as it became apparent that enough States would ratify it to establish a government thereunder, adjourned never to meet again. Thus we have. in this and the preceding chapter traced the progress of the Americans towards republican government from the time the first settlers received their charters from the hands of English kings to the adoption of the "Constitu- tion of the United States of America." In the succeeding chapters will be explained the principal features of that Con- gtitutipn ancj the various parts of the Government. 42 CIVIL GOVERNMENT OF THE UNITED STATES. And here it will be well to remember that the Union or "political connection" which resulted from the adoption of the Constitution was formed by those people, and those only, that lived within the eleven degrees of latitude mentioned in the first charter to the London and Plymouth Companies, as described in the first few sections of the preceding chapter; and also that a written constitution, although adopted by the people as their fundamental law and framed by delegates chosen by them, is an Enlargement of the idea contained in a charter, and that a charter is the outgrowth of the idea that is contained in a contract — that is, that it is a chart for the law- maker and the courts, and is an agreement which both they and the people are bound by and must keep. Questions on Chapter III. 1. On what right did the colonists ever insist? (16) 2. What was the effect of trying to tax them? (16) 3. What was the effect of their resentment? (16) 3a. Describe the Boston "Tea Party," its purpose, and meaning. (16) 4. After their assemblies were dissolved how did the people devise to carry on their governments? (16a) 5. Explain fully the origin of provisional government in Virginia. (17) . . . ' 6. What were the four distinctive provisions of the Virginia Con- stitution? (17) 7. What is said of provisional government in other States? (18) 8. By what name did colonies now begin to be called? (18) 9. What was the effect of breaking away from the king, and what the need of union? (19) 10. What was the first attempt at union? (20) 11. What is said of the Colonial Congress? (21) 12. Explain fully the origin and work of the "Committees of Corre- spondence." (22) 13. What is said of the Continental Congress? (22) 14. What was the effect of the Declaration of Independence? (23) 15. What had been the tie that bound the colonies together? (24) 16. What did they try to substitute for that "political connection?" (24) 17. What was the first written constitution? (24) THE FUNDAMENTAL LAW. 43 18. When were they to be binding on all the States? (25) 19. Did they create a real government? (25) 20. Explain fully why they did not. (25) 21. How did one small State balk the union? (25) 22. Why was not the Confederacy a sovereignty? - (25) 23. What was next attempted? (26) 24. Describe the first cause that hastened on the attempt. (26) 25. Describe each step of the second cause. (26) 26. What great men figured in the movement? (26) 27. What did Washington do? (26) 28. What is said of the Convention's work? (26) 29. Describe how the Constitution was framed. (27) 30. How was it ratified? (28) 31. Did the people have anything to say about its adoption? How? (28)^ 32. What little clause probably secured its adoption and why? (28) CHAPTER IV. THE FUNDAMENTAL LAW. 29. The Authority of the Constitution. — The Con- stitution is the fundamental law of the United States. It is the supreme law of the land. All laws of Congress or of any State in conflict with it are void, and every officer of the Union and all important officers of the States are required before entering into office to take an oath to support it. How- ever much a new law may be desired by the people, if it is in conflict with the Constitution it must fail, and the only way it can be enacted so as to be legally enforced is by first chang- ing the Constitution itself, which can be done only in the way designated by it. It is a short instrument, covering less than twenty pages of an ordinary book, but it states what are the powers of the Union over its citizens and over the States, and its general duties towards them, and their rights thereunder. The Union's powers are enumerated by it, and in return for the surrender by the people and the States of these powers to the Union, there is imposed on the Union the duty of guar- 44 CIVIL GOVERNMENT OF THE UNITED STATES. anteeing to each State a republican form of government and the preservation of certain personal and property rights of its citizens. All powers not delegated by it to the Union, nor prohibited by it to the States, it declares, are reserved to the States or to the people. It is, at once, the charter, the anchor, the bulwark, the high tower of American liberty. 30. Preamble. — ^The reason and purposes of the Con- stitution are set forth in a few short clauses at its beginning. These are called the Preamble, and are in these words: "Wq, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this Con- stitution for the United States of America." Emphasis placed upon one or more clauses of this Pre- amble, to the exclusion of the others, has caused the formation of parties, and led to heated political controversies. One class of citizens has held that the chief duty of the Union is to "promote the general welfare," and hence have advocated the building of great national roads and the ownership of railroads, by the Government, and the complete control of all trade by citizens of different States with each other, and that, in total disregard of the States and State lines, the Gov- ernment should undertake to do any needful thing to promote the general good, such as, to provide education and profitable employment for every person, pensions for the aged and un- fortunate, and homes for the sick and poor, establish uniform restrictions oh marriage and divorce, and fix the wages and hours of work of all laborers. Another class has contended that to "secure the blessings of liberty to ourselves and our posterity" and to "provide for the common defense" are the only reasons for a national government, and all its under- takings should be directed to those ends, and that the control of all other governmental matters should be left to the States. THE FUNDAMENTAL LAW. 45 But it is not right to thus emphasize any particular clause of the Preamble, or to ignore any other clause. They are all equally important. Besides, the Preamble of itself does not enumerate the powers of the Union, or limit the powers of the States. It simply sets forth, in general and comprehensive terms, the great purposes for which the Union or nation was being formed, and for which it should be continued. Having an- nounced these purposes in the Preamble, as a preface, the Constitution then proceeds to enumerate certain powers to be exercised by the Congress, or by the President, or by the courts, o^ certain things to be done by each of them; and it has been by exercising those powers that many of those be- neficent purposes have been accomplished by the thing we call the Government of the United States of America. Those purposes are very high and honorable. No nation could well have higher or better ideals. To secure the blessings of liberty throughout the entire land for all time; to establish absolute justice; to insure friendly peace and tranquillity among all the States and all their inhabitants; to constantly strive to promote the general welfare of the whole people throughout hundreds of years; and to defend them at all times from outside enemies, are high national ambitions, and the best purposes a nation can have. Our Government has not fully accom- plished those great purposes; it has not yet established ab- solute justice; it has not fully insured domestic tranquillity; it has not always striven to promote the general welfare; but to accomplish those purposes has been the constant aim of the great mass of the people, and no other great nation in the world has done so much towards accomplishing them. Such great principles cannot be quickly carried into accom- plished fact; but the fine thing about the Constitution is that, as its first words, it sets before the nation lofty ideals and great purposes, and made it plain that each succeeding generation 46 CIVIL GOVERNMENT OF THE UNITED STATES. was to try to push them a Httle further towards perfect ac- compHshment. 31. Amendments. — But the Constitution is not exactly as it was when first adopted. It has been changed by adding to it seventeen amendments. These have the same force and effect as the original Constitution. They were made a part of it by being proposed by two-thirds of the members of both houses of the Congress to the legislatures of the several States, and by being ratified by the legislatures of at least three-fourths of the States. The Constitution itself provided that it could be amended in that way. But that is not the only way ; if either house of Congress should become stubborn and refuse to propose an amendment which the people in as many as two-thirds of the States really want, the Con- stitution provides a way by which its submission may be forced. Instead of the amendment being proposed by two- thirds of both houses of Congress, the legislatures of two- thirds of the States may ask Congress to call a convention for the purpose of proposing amendments, and when that is done Congress is bound to call such a convention, and to submit any amendment it proposes, to the legislatures of the several States, or to conventions called in the several States for the purpose of considering it, and if it is ratified by the legislatures of three-fourths of the States or by three- fourths of such conventions, it becomes a part of the Con- stitution. An amendment is considered ratified by a State when a majority of the members of both houses of its legis- lature or a majority of the members of the convention (which, of course, will have but one house) vote for its ratifi- cation. The first ten amendments were proposed to the various States at the first session of the First Congress and were proclaimed to be in force on December 15, 1791. Some of the States, notably Virginia, New York and North Carolina, would not adopt the Constitution until they were assured THE FUNDAMENTAL LAW. 47 these amendments would be added. They have been styled its "Bill of Rights.'* They are not quite that, though that is not a wholly inapt characterization. They did not take from the Government of the United States any power which had been expressly given to it by the Constitution, but they affirmatively state that the powers not given were reserved by the States or by the people, and they made it clear and unmistakable that certain fundamental rights of citizens should never be denied by the Government, and that it should not assume to enact any law or do anything that would curtail those rights. The Eleventh Amendment was proclaimed ratified Jan- uary 8, 1798. It simply prohibited citizens of one State or of a foreign country from suing another State in a United States court. A State does not permit its own citizens to sue it, except by its express permission, and this amendment simply prohibits a citizen of another State or of a foreign country from doing what the State will not permit one of its own citizens to do. The Twelfth Amendment, proclaimed ratified September 25, 1804, changed the method of voting by presidential electors for President and Vice-President. There were no more amendments for more than sixty years. Then three were adopted within five years. They all grew out of the Civil War. The Thirteenth, proclaimed ratified December 18, 1865, prohibited slavery throughout the United States and all places under their control. The Fourteenth, consisting of four sections, was proclaimed ratified July 28, 1868. It declared that all persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside. It forbade any State to abridge the privileges of any citizen or to deprive any person of life, liberty or property without due process of law, or deny to any person the equal protection of the laws. The Fifteenth Amendment, proclaimed ratified March 30, 48 CIVIL GOVERNMENT OF THE UNITED STATES. 1870, forbade any State to deny to any of its citizens the right to vote on account of race, color or previous condition of servitude. No other amendment was adopted for more than forty years, and then two were added the same year. The Sixteenth Amendment, proclaimed ratified February 25, 1913, authorized Congress to levy a tax on incomes without apportioning it among the States. The Seventeenth, proclaimed ratified May 31, 1913, requires a Senator in the Congress to be elected by the people of a State, instead of by its Legislature. All these amendments will be given due consideration in the discussions which follow. 32. Divisions of the Government. — The Constitution provided for a government of three great departments — the executive, the legislative and the judicial. The judicial de- partment consists of the courts; the legislative, of Congress; and the executive, of the President. The functions of each department cannot be fully stated in a few simple words. But in general terms it may be said that the legislative de- partment makes the laws, the judicial interprets therh, and the executive enforces them as thus interpreted. That is the usual definition, and it is correct as far as it goes; but it is not fully accurate, for the judicial department (which means the courts) enforces the laws by applying them to individuals who are parties to suits, and thereby points out to the public their meaning; and a law defining the duties of an executive officer may be so plain as never to need to be interpreted by the courts. The three departments are necessary for the orderly working of a republican government. Questions on Chapter IV. L What is the fundamental law of the land? (29) 2. Suppose a law is in conflict with the Constitution? (29) 3. What does the Constitution guarantee to each State? (29) 4. What powers are reserved?. (29) THE LEGISLATIVE DEPARTMENT. 49 5. What is the preamble? (30) 6. What parts of the Constitution are binding? (30) 7. How many amendments? (31) 8. How were these obtained? (31) 9. Into what three departments is the government divided? (32) 10. What in general terms are the functions of each? (32) CHAPTER V. THE LEGISLATIVE DEPARTMENT. 33. Congress. — The legislative powers of the United States Government are vested in the Congress, which is a law-making body composed of two houses, the Senate and the House of Representatives. The Senate is sometimes, in popular phrase, spoken of as the Upper House, and the other as the Lower House. But neither is so designated in the Constitution or laws, and as they meet in different cham- bers situated on the same floor of the Capitol neither is upper or lower in point of location. These words are supposed by some persons to designate what was intended at the first to be the relative rank of the two houses, but that distinction finds no support in the Constitution, for it would be difficult to determine from that instrument which is given the higher rank, for to the House alone is given the power to originate bills for raising revenue, while the Senate can confirm or reject or alter treaties made by the President with other nations, without consulting the House, and treaties are a part of the supreme law of the land. The truth is, that the use of these words was borrowed from the custom which prevailed in several of the colonies of designating the Council, which was appointed usually by the Governor, as the Upper House, and the Assembly, which was chosen by the people, as the Lower House. But the kingly days have gone, and the designation of the two houses of Congress as Upper and Lower has long since ceased to have any real significance, 50 CIVIL GOVERNMENT OF THE UNITED STATES. although the use of the words, as a short and convenient method of designating them, still survives, though not so generally of late years as formerly. 34. House of Representatives. — ^The House is com- posed of Representatives elected by the direct vote of the people. It is, therefore, spoken of as the "popular branch" of Congress. It is descended from the colonial assemblies, and like them is alone vested with authority to originate measures of taxation. Tariff bills and other bills for raising revenue originate in the House, but these may be modified in the Senate, and nearly always are. But even after such changes are made, the House yet has the right to say whether it will accept them or not. Every State, however few its inhabitants, is entitled to at least one Representative, and the additional number to which it is entitled depends on the whole number of persons it has, excluding Indians not taxed. Each organized Territory is entitled to one delegate in the House, and such delegate has all the privileges of a Representative except that of voting. The Representatives vote as individuals on all subjects, except when they are called upon to decide a Presidential contest, and then they vote by States; that is, in such case, which fortunately is exceedingly rare, each State has one vote, and what that vote will be is determined by the majority of its Representatives. 36. Qualifications. — ^A Representative must be twenty- five years old, must have been a citizen of the United States for seven years, and must be an inhabitant of the State from which he is elected, but need not be a resident of the district by which he is chosen, though he usually is. The term of a Representative is two years, and if a vacancy occurs another election must be held to fill it. The Governor has no authority to fill such vacancy by appointment, as in case of a vacancy in the Senate, but it is his duty to call a special election for THE LEGISLATIVE DEPARTMENT. 51 the purpose, at the time prescribed by the laws of the par- ticular State. 36. The Speaker. — The presiding officer of the House is the Speaker. The title is borrowed from England and the colonial assemblies. For centuries the presiding officer of the House of Commons in England had been styled Speaker, because he was the House's mouthpiece or spokesman in addresses made by it to the king, whose favors and good graces the Commons in former times thought it necessary to cultivate. When legislative assemblies, whose members were chosen by the people, were organized in the American colonies, their presiding officers, in imitation of the English custom, were called Speakers; and when the Constitution was framed, it was natural that the presiding officer of the House of Representatives, whose members were to be chosen directly by the people, should be designated therein as "their Speaker," though the House does not make addresses to the President, and the Speaker is in no sense its mouthpiece except that he attests or signs all bills which pass the House, and all bills that pass both houses are laid before the President for his approval or rejection. Once in two years the Representatives elect one of their own number to be Speaker. Until late years he was usually permitted to appoint all the House committees, and by that means he was clothed with immense power in shaping legis- lation, and came in time to be, next to the President, the most important officer of the Government. But the House has power to prescribe the mode by which its committees are to be raised ; it can at any time prescribe that committee assign- ments be made by a special committee of members chosen for that purpose, or be made by the House itself, or be made in some other way; and of late years they have been made by a special committee, of which the Speaker may or may not be a member. This mode of raising the committees has somewhat curtailed his powers; but it is still his duty to 62 CIVIL GOVERNMENT OF THE UNITED STATES. preserve order and regulate the debates, and he is usually the leader of his party in the House, and his position gives him great power in concentrating the attention and labors of Representatives on certain matters of governmental policy, and hence he is a most important officer of the Govern- ment. 37. Number of Representatives. — For the purpose of ascertaining the number of Representatives to which each State is entitled, the Constitution requires that a census of the people be taken every ten years, or that they be counted, and the count includes the whole number of inhabitants except Indians not taxed. Congress then declares that each State shall have for the next ten years one Representative for a certain number of persons, which is not to be less than 30,000. This number is called the apportionment unit, and for the current decade is about 211,877, and the number of Representatives to which a State is entitled is ascertained by dividing the whole number of its inhabitants by that unit. Missouri's number for the current decade is 16, and the whole number of Representatives is 435. 37a. Representative Districts. — ^The Constitution pro- vides that "the times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations." Prior to 1872 each State could elect its whole number of Represent- atives from the State at large, or lay off the State into dis- tricts and elect one from each, according to its own will. But since that time the Congress has directed that each State be divided by its Legislature into as many districts as it is entitled to Representatives, and that one Represent- ative, and no more, be elected by the voters of each district, except that for the first Congress after an apportionment is made all the additional Representatives to which a State is found to be entitled because of an increase in its population. Pma THE LEGISLATIVE DEPARTMENT. 53 may be elected by the State at large. This exception is made because it often occurs that after the new apportionment is made to a State there is no meeting of its Legislature before the next election. CONGRESSIONAL DISTRICTS MISSOURI 1 Citf of \ \ ST. Loxns 12 "'■"• Population by Counties. Census 7910. TOTAL 3^293^85 810BE r. 4 E.CO.. CHICISO CONGRESSIONAL DISTRICTS OF MISSOURI, 1910 to 1921. In 1901 the Legislature of Missouri laid off the State into 16 Congressional districts, all of which are clearly shown on this map, except those within St. Louis. The tenth district consists of St. Louis county and a part of north St. Louis and about twice as much of south St. Louis. The eleventh and twelfth districts lie wholly within the city. Missouri neither gained nor lost any Rep- resentative by the census of 1910 and the Apportionment Act of 1911. The districts were not changed by the Legislature in 1911, although the population of many rural counties had decreased and of the two large cities had increased in the preceding ten years. The State has not been redistricted since 1901. 54 CIVIL GOVERNMENT OF THE UNITED STATES. 38. Time of Choosing Representatives. — It was intended by the framers of the Constitution that the time for holding elections for Representatives should be left to the legislatures of the several States; and that was done for more than eighty years. But the legislatures fixed on different dates, elections in some States being held as early as May, in others in July, in others in August or September. That produced confusion in the public mind, and sometimes discord, and the confusion increased as the number of States increased. But Congress was given the power to regulate "the times" as well as the manner of holding such elections, and to remove such con- fusion it enacted a law in 1872 requiring them to be held on the first Tuesday after the first Monday in November of even-numbered years in all the States, and later modified that law so that it does not apply to a State whose constitution until changed requires its elections to be held on a different date. The first Tuesday after the first Monday in November of even-numbered years is now the date for holding general elections in nearly all the States; and so Representatives in Congress throughout America are elected on that date, with the exception of Maine, whose constitution fixes the day as the second Monday in September, and has so fixed it since 1864. 39. Getrjnnandering. — ^A State is laid out into Con- gressional districts, not by Congress, but by the State's Legis- lature. In almost every State these districts are usually so shaped as to give political advantage to the party in power in the Legislature at the time they are formed. To be sure, the Congress requires that all districts "shall be composed of contiguous and compact territory, containing as nearly as practicable an equal number of inhabitants." But every county is contiguous .to some other, and "practicable" to too many legislators means what is most advantageous to their party. So there has grown up in all the States, it matters not what party is in control, a practice by which the districts are so laid out that the largest possible number of them are THE LEGISLATIVE DEPARTMENT. 55 carried by the party in power. This practice is called "gerry- mandering," and derives its name from Elbridge Gerry, who was Governor of Massachusetts in 1812. The General Court that year so laid off that State that the outlines of one district had a dragon-like shape. This outline was indicated on a map of the State which hung on the wall of the office of Ben- *THE MASSACHUSETTS GERRYMANDER. jamin Russell, the editor of a paper called the "Centinel." John Fiske says that one day the celebrated painter, Gilbert Stuart, came into Mr; Russell's office, and observing the uncouth figure, added with his pencil a head, wings and claws, and exclaimed, "That will do for a salamander." "Better say Gerrymander" growled the editor, and thus originated the uncouth word which describes the practice of ♦Note. — This cut and much of the explanation are taken from John Fiske's Civil Government of the United States. 56 CIVIL GOVERNMENT OF THE UNITED STATES. so dividing the State into districts as to give the party which has control of the Legislature the most of the Representatives elected from the State^ This is done by forming one or more districts of counties which give large majorities to the opposite party, and then so laying off all the other districts that each will give a smaller majority to the party in power in the Legislature which districted the State. The real remedy for whatever injustice arises from gerrymandering is to be found in an appeal to the legislators* sense of fairness, and the defeat at the polls of such of them as resort to it to the extent of defeating the popular will. 40. Voters for Representatives. — The Constitution says that "the electors" for Representatives "in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature." That simply means that every person qualified to vote for a Representative in the State Legislature is qualified to vote for a Represent- ative in Congress. But a person qualified to vote in one State might not be if he lived in another. Some States re- quire a citizen to be able to read and write before he can vote; others, that he shall have paid a small property or poll tax. Some States permit both men and women to vote. Others do not permit women to vote, but do permit any male citizen twenty-one years old, however ignorant or whether he has paid any poll or other tax or not, to vote, unless he is a lunatic or a soldier on duty or has been convicted of a crime and not pardoned. Thus in Massachusetts, Maine, Connecticut and some Southern States a voter must know how to read and write. In Rhode Island the citizen who owns land is not required to register, while all other male citizens who wish to vote must register ten months before election day, and thus the voting is confined to permanent residents. But every State, by establishing an educational or property qualification for the right to vote, lays itself liable to have its number of Representatives in Congress proportionally THE LEGISLATIVE DEPARTMENT. 57 decreased, for the Constitution says that when the right to vote is denied to any male citizen twenty-one years old, except for participation in crime, the number of Repre- sentatives the State shall have in Congress and the votes it shall have for President "shall be decreased in the proportion which the number of such male citizens thus excluded from voting bears to the whole number of male citizens twenty-one years of age in such State." This provision is a part of the Fourteenth Amendment, and was enacted in the days soon after the Civil War when partisan passions were aflame, to provide a way for punishing a State which should ever de- prive a negro of the right to vote. But the fact that its enforcement would cut down the number of Representatives of every State which might require a voter to have a certain amount of education or property, has made Congress slow to enforce it. 41. The Senate. — Each State is entitled to two Senators, and no more, and each is elected for a term of six years, be- ginning on the 4th of March after his election, and each hcis one vote on any proposition that comes before the Senate. The Constitution as framed declared that Senators should be chosen by the legislatures of their respective States, and for more than a hundred and twenty years they were elected in no other way. But in 1912 the Congress proposed to the legislatures of the several States an amendment declaring that they should be elected by the people, and that all persons who were qualified to vote for Representatives in the Legis- lature should be qualified to vote for a Senator in Congress. That amendment was ratified by the legislatures of three- fourths of the States by May 31, 1913, and hereafter Senators will be elected by the people at the general election in No- vember. If a vacancy occurs in the office of Senator, the Governor appoints a successor, who serves until the people, at the next general election or at a special election called by 58 CIVIL GOVERNMENT OF THE UNITED STATES. the Governor for the purpose, elect someone to fill out the balance of the term. The Senate appoints its own standing committees, as- signments being usually made upon the recommendations of a special committee created for the purpose, or upon the motion of the chairman of the caucus of Senators of the party having a majority of members. As there are 48 States, there are 96 Senators, and that number cannot be decreased, nor can it be increased until the number of States is increased. On the other hand. Congress can increase or decrease the number of Represent- atives every ten years. 41a. Qualifications and Classifications. — ^A Senator must be an inhabitant of the State from which chosen, thirty years of age, and for nine years must have been a citizen of the United States. Their terms are so arranged that one-third of them expire every two years, that is, with the end of each Congress. At the first Congress, all the Senators were di- vided into three equal classes, and by the Constitution the terms of the first class expired in two years, those of the second class in four years, and those of the third class in six years. Those who were elected to take the place of the first class served for a term of six years from the expiration of the two-year term of that class, and those chosen as successors of the second class served six years from the end of the four- year term of that class, and so also when those of the third class had served their six-year terms their successors were chosen for six years more. This arrangement has thus progressed through all the years since the first Congress met. When a new State was admitted to the Union the first Senators chosen therefrom were assigned to the classes which then had the least number of Senators belonging to them. Thus the three classes have been kept as nearly equal as possible, and thus two-thirds of the Senators, at the beginning of each Con- THE LEGISLATIVE DEPARTMENT. 59 gress, are experienced members. This arrangement makes the Senate practically a continuous body. 42. The Presiding Officer. — The officer who presides over the sessions of the Senate is the Vice-President of the United States, and that is about all he does. He appoints no committees, and has no vote except when the Senators are equally divided, and then his vote is called the "casting vote." The Senate also chooses from its own members a President of the Senate pro tempore to preside in case of the death or absence of the Vice-President, or in case the Vice- President should succeed to the office of President. 45. Sessions of Congress. — Congress must meet at least once in each year, and may convene oftener by call of the President. A regular session begins the first Monday in December of each year. It is not called by the President; its time of meeting is fixed by law, and hence it convenes without any notice to members and without any call from any one. The first regular session may last one year if the two houses so choose ; that is, from the beginning of one regu- lar session in December to the beginning of the next regular session in December. The second regular session ends by law on the fourth of March of each odd year; that is, on the fourth of March after it begins in December. Congress cannot meet in special session except upon the summons of the Presi- dent. Neither house can adjourn while Congress is in session for more than three days without the consent of the other, but there is nothing to prohibit both houses from agreeing on a vacation of any length which would not interfere with regu- lar sessions. If the two houses cannot agree upon a time of adjournment the President may adjourn them to such time as he may think proper — a thing he has never yet done. Not only can the President convene Congress in "extraordinary" session, but he can also convene either house without con- vening the other, and it has grown to be the rule for him to 60 CIVIL GOVERNMENT OF THE UNITED STATES. convene the Senate for a short session just after his inaugura- tion in order that it may confirm his selection of Cabinet officers. All the sessions of Congress held between the fourth of March of one odd year and the fourth of March of the next odd year are called a "Congress" — for instance, the 63rd Congress embraced a period of two years, as did every other Congress. There were held, therefore, between March 4, 1789, and March 4, 1917, sixty-four Congresses, having 128 regular sessions, besides a number of special sessions. 46. Beginning of Sessions. — ^As Representatives are elected in November of even years and the first regular ses- sion of the Congress to which they are elected does not begin until December of the next year, a new Representative will not, unless a special session is called, which is never done except "on extraordinary occasions," take his seat for thirteen months after his election. For this reason there have always been thoughtful persons who believe that the Government would be brought closer to the people and that the people would be more potent in influencing its affairs if the first reg- ular session of Congress after an election were begun on the fourth of the next March, and the second regular session on the fourth of the succeeding March. In addition to this reason, it is urged that, under the present arrangement, the party in power if it fails at the polls is, smarting under the sting of defeat, met with the temptation at the short session that intervenes between the election and its end on the fourth of March, to do some very partisan and high-handed things. If Congress at any time should desire to fix the fourth of March, or some other day, for the beginning of the sesssions of Con- gress, it has power to do so, for the Constitution says they shall begin on the first Mondays in December unless Congress "shall appoint a different day." In opposition to the change, however, it is replied that business is very intimately re- sponsive to changes in administration, and for that reason r THE LEGISLATIVE DEPARTMENT. 61 it is best that there be a considerable period in which the people may gradually adjust their affairs to the foreseen changes that a Congress of different political beliefs would make. 47. Like Powers of Both Houses. — (1) Each house has the right to make rules for its own government. But as the Senate is a continuous body, in the sense that two-thirds of the Senators are always "old" members, its rules are rarely changed, and it is very difficult to change them. Each House, however, is a "new" house, in the sense that the terms of all Representatives begin and end at the same time, and hence it adopts its own rules at the beginning of each session, and changes them at will. (2) Each house has the right to "judge of the qualifica- tions of its own members;" that is, it may refuse a person who claims to be a member the privilege of becoming a member, because he is not of the right age, or has not resided long enough in the State from which chosen, or is not a citizen of the United States, or was not elected in the way provided by law or was fraudulently chosen. (3) Each house keeps its own journal, and the yea and nay votes must, on the request of one-fifth of the members present, be taken on any pending measure, and entered thereon. That means that, when such a request is made, the roll of members is called, and if a member is in favor of the pending measure he answers "aye," and if he opposes it he answers "no," and his answer is entered on the journal, which is a permanent record, and thus the people can always ascertain how any member voted on a bill or other pending proposition. (4) The members of each house receive an annual salary of $7,500, and this amount may be increased or decreased by law of Congress. In addition, the Government pays their traveling expenses in going to Washington to attend a session of Congress, and in returning therefrom, and in 62 CIVIL GOVERNMENT OF THE UNITED STATES. attending to any other duty which their respective house directs them to perform in its behalf. (5) The members of both houses are privileged from arrest during their attendance upon the sessions of their respective houses, and in going to or returning from the same, for any offensive conduct except treason, felony and a breach of the peace; and for any speech made in either house while it is in formal session they cannot be prosecuted or sued in any court or called to account in any other place. There are two reasons for this. The first is that important legislation might be interfered with and delayed and even necessary action of the Government defeated, if Senators and Representatives could be arrested for minor crimes and thereby prevented from attending the sessions of Congress. It would be easy to cause their arrest were it not for this clause in the Constitution. Any private citizen may file a complaint with a justice of the peace, charging another private citizen with having committed a minor crime, and a complaint is the first step towards an arrest, and is usually, though not always, followed by a warrant of arrest. Partisan feelings sometimes become bitter, and in such times mean men, sheltered by a public hatred running strongly in their favor, would come forward to file complaints and cause the arrest, for trivial offenses, of Senators and Representatives of op- posite views, and thereby defeat or delay pending legislation to which they object. This clause was placed in the Con- stitution to thwart the effort of such men to cripple the Government or impair the power of Congress to act for the whole people without fear or ruthless embarrassment. The second reason — the reason for the provision which does not permit a Senator or Representative to be punished for any speech he may make in Congress — is that free speech and liberality of discussion are necessary to intelligent action in any legislative body, and for an abuse of that freedom by a member the house to which he belongs may compel him to apologize, THE LEGISLATIVE DEPARTMENT. 63 or even expel him, and having been punished once he should not again be punished for the same offense. If a private citizen pubHshes a hurtful untruthful statement concerning another he may be sued for damages in a court, or in extreme cases punished as for a crime; but if a member of Congress utters a slander about another, or even about a private citizen, during a session of the house to which he belongs, he cannot be sued for damages or prosecuted in any court, however wicked and untruthful his words may be. But for treason or a felony Senators or Representatives may be arrested, even within the halls of Congress, and prosecuted and punished just as if they were private citizens; and members have been arrested for disturbing the peace in and near the Capitol. 48. How a Law is Passed. — ^A majority of the mem- bers of a house constitute a quorum to do business, and if a bill receives, in each house, the votes of a majority of the members present, if such members be a quorum, and is signed by the President, it becomes a law. If the President veto it, that is, refuse to sign it, he shall return it to the house in which it originated, with his objections; it must then receive the votes of two-thirds of the members of each house before it can become a law. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless Congress by its adjourn- ment prevent its return, in which case it shall not be a law. 49. Impeachments. — It may, sometimes, be necessary to try a President, or a judge or other civil officer of the Gov- ernment, for treason, bribery, or other high crime or mis- demeanor. Such trials are called impeachments. They begin in the House, which makes up a formal charge against the accused officer and presents it to the Senate, and the Senate tries him. If the President is on trial, the Chief Justice presides, but in all other cases the Vice-President 64 CIVIL GOVERNMENT OF THE UNITED STATES. V may preside. In any case two-thirds of the Senators present must vote against the accused before he can be found guilty, and if convicted the penalty can go no further than removal from office and disqualification from holding a Federal office, but the accused officer may be held for trial in a court, just as any other person, if he has committed a crime. Congress has not often invoked its powers under this clause of the Constitution. Three or four times early within the last century, and at least twice within the present century, Federal judges were charged with cruelty and corruption in office and with usurping powers which did not belong to the courts, and were impeached by the House and brought to trial in the Senate, but in nearly every case they were ac- quitted. And once, soon after the Civil War, an attempt was made to impeach a President. Andrew Johnson, then President, was charged with removing men from office in violation of a law of Congress, and was brought to trial. His defense was that the law forbade the President to remove from office a member of his Cabinet or other high executive officer and was therefore unconstitutional, since it was an attempt to limit or impair the power vested in him by the Constitution, which vests in the President alone the whole executive power. This proceeding profoundly stirred the country, and resulted in his acquittal by one vote, and now all men rejoice that he was acquitted. Thus, fortunately for our own peace and to the credit of our public officers, it has rarely been necessary to invoke this provision of the Con- stitution, but there can be no doubt that the existence of the power in Congress to impeach and remove from office a presi- dent, a judge, or other high Federal officer, has been of great value to the people in deterring such officials from wrong- doing. 50. Treaties. — ^The President, by and with the advice and consent of the Senate, may make treaties with a foreign nation. Treaties are agreements or contracts between THE LEGISLATIVE DEPARTMENT. 65 nations. They usually relate to a settlement of international disputes, or to the fixing of the national boundary, or to the acquirement of new territory, or to the terms upon which trade may be carried on between citizens of the two countries. But before such treaties can be binding they must be ap- proved by two-thirds of the Senators present in the Senate when they are acted on. When treaties are made in this manner they become a part of the supreme law of the land (Art. 6, sec. 2) and are binding on everyone. Neither Con- gress nor the courts can repeal or ignore them. They are in the nature of solemn contracts between two nations, and often are to exist during a term of years, and during that time neither nation can violate their terms without violating its honor. And for a persistent violation of their treaty agreements, the usual means of redress resorted to by nations in the past has been war with the one refusing to keep its contract. But in late years there has grown up at The Hague an International Arbitration Congress, whose avowed pur- pose is to provide uniform rules by which all nations are to be governed in their dealings with each other, and to settle by arbitration disputes between them. It will be observed that a treaty is a supreme law, and it is the only kind of law that the President and either house can enact without the consent of the other. 61. Why Congress Has Two Houses. — At this time eleven States, or less than one-fourth of the whole number, have 228 Representatives in Congress, and the other thirty- seven 207. In the first Congress, which met on March 4, 1789, four States had 32 members and the other nine 33. Delaware and Rhode Island had only one each. It was early proposed in the Constitutional Convention that the Congress should be composed of one house, and that each State should have representatives therein in proportion to the number of its inhabitants. At this the small States drew back. They feared their interests would be swallowed up by such States 66 CIVIL GOVERNMENT OF THE UNITED STATES. as Virginia, which had ten times as many inhabitants as Rhode Island, and Pennsylvania, which had eight times as many as Delaware. The Union under the Articles of Con- federation was a union of States, and in the Continental Con- gress there was only one house, in which each State had one vote and no more. The small States argued that if this plan was to be abandoned and each State was to have representa- tion in proportion to its population alone, it would result in an extinguishment of the States, and if not, then the voice of a small State would be so feeble as never to be heard. In reply to this, the larger States urged that each State ought to be represented in proportion to the number of its inhabit- ants; that there was no higher or fairer rule for representa- tion than this. They said the Articles of Confederation were unjust in granting to the small number of inhabitants of small Delaware the same voice and vote given to eight times as many people in Pennsylvania. This difference over repre- sentation in Congress seemed so irreconcilable that the Con- stitutional Convention was on the point of breaking up. It was at this crisis that the Connecticut delegates came forward with a plan that resulted in a Congress of two houses. In that State, as indeed in others, the lower house of the Legis- lature was composed of one member from each town, while the upper house consisted of a variable number, dependent on the number of inhabitants, elected from the State at large. This arrangement suggested to them a solution for the difficulty. Having it in mind, they proposed that the Congress should consist of two houses, and that the upper house should represent the States, in which each State should have an equal voice, and that the lower house should repre- sent the people, and that the number of Representatives each State should have in that house should depend on the number of persons residing therein. This plan was accepted, and has ever since been known as the Connecticut Compro- mise. After it was agreed upon, all other differences were adjusted without difficulty. THE LEGISLATIVE DEPARTMENT. 67 Questions on Chapter V. L What is the law-making body? (33) 2. How is the House composed? (34) 3. What measures must originate in it? (34) 4. How many Representatives? (34) 5. How do they vote? (34) 6. What are the quahfications of Representatives? (35) 7. How are vacancies filled? (35) 8. What is said of the Speaker? (36) 9. Does he appoint the committees? (36) 10. How is the number of Representatives ascertained and deter- mined? (37) IL Discuss Representative districts. (37a) 12. What body determines the time for electing Representatives? (38) 13. What is said of gerrymandering? (39) 14. Who may vote for Representatives? (40) 15. Are the qualifications of a voter the same in each State? (40) Name some variations. (40) . 16. How may Congress punish a State which prescribes a property or educational qualification for voting? (40) 17. Why has Congress been slow to enforce this provision? (40) 18. How many Senators and how elected? (41) 19. How were they formerly elected? .(41) 20. How are vacancies filled? (41) 21. What are the qualifications of a Senator? (41a) 22. How are their terms arranged and how was this classification brought about? (41a) 23. In what sense is the Senate a continuous body? (41a and 47-1) 24. Who presides over the sessions of the Senate? (42) 25. Describe the meeting and sessions of Congress. (45) , 26. Discuss beginning of sessions. (46) 27. What are some of the like powers of both houses? (47) 28. What is a quorum? (48) 29. When does a bill become a law? (48) 30. Describe the President's veto. (48) 31. Discuss impeachments. (49) 32. By whom are treaties made? (50) 33. What are they and how enforced? (50) 34. How did it come about that Congress has two houses? (51) 68 CIVIL GOVERNMENT OF THE UNITED STATES. CHAPTER VI. POWERS OF CONGRESS— TAXATION. 52. General Powers. — The Constitution in section 8 of article I enumerates some of the powers given by it to the Congress. It is there specifically said that the Congress shall have power to do certain things. Other parts of the Constitution say that Congress shall have power to do certain other things. The exercise of these powers has given shape and strength to the Government of the United States. It is, therefore, of great importance to understand what these powers are. And an understanding of them becomes of greater im- portance if it is remembered that the Government has no power except what is given it by the Constitution. That is what is meant by saying the Government is one of "enumer- ated" powers. Its powers are enumerated, or expressed, in the Constitution. It cannot do just anything the Congress, or the Congress and the President and all its officers com- bined, may want it to do; it can do only those things the Con- stitution authorizes it to do. And any law the Congress might enact which the Constitution does not give it power to enact, is invalid, and when declared invalid by the Su- preme Court is binding on no one. To illustrate: Suppose Congress wished to enact a law giving to women in every State the privilege of voting at all elections. The Consti- tution gives it no power to enact such a law, it is absolutely silent on the subject, and therefore the power does not exist, and if such a law were enacted by Congress it would be void, so long as the Constitution remains unchanged, and the only way a valid law on the subject could be had would be to give Congress power to enact it, by an amendment to the Con- stitution. r POWERS OF CONGRESS— TAXATION. It should also be observed that it does not follow that because a power is vested in Congress it is compelled to exercise it, except where it is specifically required by the Con- stitution to do so. In the nature of things it must be allowed a discretion as to how far it will exercise some powers vested in it, or whether it will exercise them at all. For instance, Congress is given power to declare war, but it is not compelled to declare war, and should never do so except when war is the only means of preserving the country's honor. Again, it is given power to levy taxes on imports, and on lands, and on persons, and on other things; it can therefore cause any of these things to be taxed, and it can make the taxes high on some and low on others, and it can refuse to tax imports at all, and levy all its taxes on lands, or all on persons, or raise its revenue by taxing other things it is given power to tax. But it has rarely laid a tax on lands, and never one on persons, but almost from the beginning has laid a tax on some imports, and sometimes the tax has been very high, and moderate at other times. So Congress is not compelled to exercise every power given to it, but whether or not it will exercise it at all, or if exercised to what extent it will do so, depends on the needs of the Government and the wishes of the people. Some powers of the Congress are exclusive; that is, they can be exercised only by the national Government. There are other things which may be done by either the national Government or the State. For instance, only the national Government can coin money, but either can construct post roads, or highways along which the mails are carried. 53. Taxation. — It is said in said section 8 that "the Congress shall have power to lay and collect taxes, duties, imposts and excises" for the purposes of paying the debts and providing "for the common defense and general welfare of the United States." This is the clause of the Constitution which confers on the national Government the power of taxation, and it was 70 CIVIL GOVERNMENT OF THE UNITED STATES. this clause which enabled it to get on its feet and to make its authority permanent. The Articles of Confederation gave to the Continental Congress no real power of taxation. When it needed money it called on the States for it, and if they refused to furnish it, it had no way to punish them or to get it by seizing the property of the citizen. But under this clause of the Constitution the national Government is authorized to raise its own revenue. Congress levies taxes upon most things shipped into this country, upon some articles manufactured here, upon the privilege of doing certain kinds of business, upon the net incomes of corporations and wealthy persons, and it can levy taxes on lands and on per- sons. 54. Revenue. — Money raised by taxation is called revenue. It is the Government's expense money. It is used to pay the salaries of its officers, support its army and navy, erect needed buildings, reward old soldiers with pen- sions, operate its postal system, maintain its courts, and pay any other expenses or debts incurred by it. 55. Indirect Taxes, — Taxes which may be levied by Congress are of two classes, direct and indirect. Indirect taxes are taxes on articles of consumption and on the privilege of doing business. By indirect taxes are usually meant what in this clause are called "duties, imposts and excises." Imposts are taxes imposed on imports. They are charges against goods shipped into this country, and are as often known as customs or customs duties, and as tariffs or tariff charges. Congress can refuse to permit any one to bring into and sell in this country fabrics, hides, lumber, sugars, coffees, grains or any other thing produced abroad, unless a tax is paid to the Government's officers, and that tax is an impost or tariff. A specific tariff is a tax on an article by the yard or pound or other quantity, in disregard of its value; an ad valorem tariff is a tax according to the value of the article; and the same article may be made to bear both a POWERS OF CONGRESS— TAXATION. 71 specific and an ad valorem tariff. For instance, the tariff on a piece of silk cloth may be twenty cents per pound and forty per cent of its value. Tariff taxation has for many years been one of the Government's chief sources of obtaining revenue, and the money derived therefrom often amounts to three or four hundred million dollars annually. 56. A Protective Tariff. — A protective tariff is a tax on the products of other countries of such a discriminating kind as will prevent or restrict their competition with prod- ucts of this country. Protective tariffs protect the American producer in charging more for his products than he could ob- tain for them were not this import tax fixed at such a rate as to lessen the quantity or increase the price here of like goods made abroad. "Protection" is meant to preserve the Ameri- can market for the American producer, and thereby to build up home industries and manufactories and to enable them to pay better wages to their laborers. Protective tariffs are ar- ranged with the double purpose of protecting the American producer from competition with like articles made in foreign nations, and of raising revenue for the support of the Govern- ment. 57. A Revenue Tariff. — A revenue tariff is a tax on imports levied solely for the purpose of raising revenue. The doctrine which favors such a tariff is that the Government's only right to levy taxes is for the purpose of obtaining money wherewith to pay its expenses. A "tariff for revenue only" does not discriminate in favor of the American producer, and is not designed to afford him any protection from competi- tion by foreign-made goods with those produced by himself except such as must naturally result incidentally from any tariff; for the imposition of any tariff must to some extent lessen the amount of goods shipped into this country, or in- crease their price to the purchaser, and thereby enable the American producer to charge something more for his product than he could otherwise obtain. 72 CIVIL GOVERNMENT OF THE UNITED STATES. 58. How Imposts are Collected. — Congress has laid off the United States into customs districts, and every im- portant seaboard town in each district it has declared to be a "port of entry," and every ship wishing to land goods at any point within that district must haul in there and pay its port fees. Arrangements must there be made for the payment of the imposts fixed by Congress on the goods it carries, whether they are to be unloaded there, or at another place in the district called a "port of delivery." At each port of entry is a custom house, and appraisers who determine the value of each article of merchandise the ship tarries, and col- lectors who collect the taxes which the law imposes. But if it suits the owner to pay the tax at a port of delivery, the goods are sent on and the duties are paid there. Besides, at each port of entry and delivery are customs stores, or ware- houses, in which the owner, by giving bond, may keep his goods for a fixed time without paying the tariffs, but if they are not paid within that time they may be put up and sold by the collector, or he may bring suit on the importer's bond for the amount of the duties. These stores are called "bonded warehouses" because the owner of the imports by giving bond may leave them therein for a certain time without the pay- ment of the duty. In order that vessels do not land at some other point than a port of entry and thus escape the payment of port fees, and the owners of goods avoid the payment of the tariffs, the Government has provided "revenue cutters," or small, swift, armed boats, which patrol the shore, to compel them to land at ,a port of entry or go back. Thus what is called "smuggling" is prevented. 59. Excises. — Excises, or internal revenue, are inland taxes, levied upon the privilege of engaging in the manufac- ture and sale of named articles, or of deaHng in certain com- modities, or of pursuing a certain occupation, or of exercising corporate privileges. They are not taxes on property itself, POWERS OF CONGRESS— TAXATION. 73 but taxes on the exercise of the privilege of engaging in a certain business. They are levied on distillers for the privilege of manufacturing and seHing whiskey, on brewers for the privilege of making and selling beer, on saloonkeepers and others for the privilege of selling intoxicating liquors, and on the net incomes of corporations for the privilege of engaging in interstate business; they have in times of war and even in times of peace been levied on the privilege of conveying land by deeds and of giving notes for money borrowed (in the form of revenue stamps), and during the Civil War they were levied on lawyers, merchants, hotel keepers, owners of public omnibuses and theatres, as a charge of so much a year for the privilege of engaging in those occupations. Thus, a tax of ninety cents a gallon on all whiskeys made in this country would be an excise, as would also an annual charge of five dollars to each retail dealer for permission to sell whiskeys; while a tax of any amount levied at any port of entry upon all whiskeys or wines made abroad and shipped into this country, would be an impost or tariff. The revenue raised from excises varies with the years, and with the things taxed and the rates imposed, but it has often amounted to more than three hundred million dollars a year. 60. How Excises are Collected. — For the purpose of collecting excises each State is divided into districts of con- venient size, over which there is placed an internal revenue collector, with deputies and other assistants. The maker of liquors is required before he enters upon the manufacture thereof to take out a license permitting him to do so, and if he does not do so he is subject to heavy fines and even im- prisonment. At his distillery or brewery he must maintain a warehouse in which his goods are stored as fast as made, and this is in the keeping of a Government officer called a storekeeper. Connected therewith are other officers called gangers, who measure the quantities made, and on each gallon so measured the law fixes a tax, which must be paid 74 CIVIL GOVERNMENT OF THE UNITED STATES. before the liquors are moved from the warehouse, except that they may be moved to another one called a "bonded warehouse" on the giving of a bond that' the taxes will be paid within a certain time. If the law levies excise taxes upon the privilege of issuing deeds, notes, bonds, telegrams, insurance policies, they are imposed by requiring each such instrument to bear a stamp of a named aftnount. The stamps are sold by the internal revenue collector to any person wishing to buy them, and by buying them the buyer pays the tax. A corporation is required to make a report to the collector showing its entire net income from all sources for the year, and then a tax equal to a certain per cent of that income is levied. The first law taxing incomes of corporations was enacted in 1909, and it fixed the tax at one per cent of the net income above five thousand dollars. But Congress can from time to time vary the per cent, and if it wishes lay a tax on the entire net incomes of all corporations doing an interstate business. 61. Uniformity. — "All duties, imposts and excises shall be uniform throughout the United States." The revenue collected for the manufacture of a gallon of whiskey of a given grade is the same whether made in New England or Kentucky. The imposts on sugars are the same at New Orleans as at New York. These charges are fixed by a general law, which simply declares that all silks of a named weight and quality shipped into this country shall pay certain duties; that hides shall pay certain other duties; and that certain other articles (such as gold) shall be admitted free of any duty at all ports. The value of this provision for uniformity cannot be overestimated. If Congress could fix one tax rate on an article if entered at one port and a different rate if entered at another port, it could by a tariff law alone ruin or enrich any part of the country, according to its own wishes. If a very high tariff were imposed on all cloths entered at an Atlantic POWERS OF CONGRESS— TAXATION. 75 or other Northern port, but admitted free of duty if entered at New Orleans, the discrimination might result in the ruin of the clothing factories of the Mississippi Valley, and the consequent enrichment of those of New England. Besides, such a discrimination would cause the system of tariff tax- ation to break down because of its own inequalities and in- justice; it would produce discord, confusion and constant bickering; it would be a denial of equal rights under the law. Hence, the value of this provision that requires all tariff and internal revenue taxes to be uniform throughout the United States. 62. Direct Taxes: Incomes. — But there is no such rule of uniformity for direct taxes. The Constitution re- quires a direct tax levied by Congress to be apportioned among the States according to their respective populations, and says that "no capitation or other direct tax shall be laid" unless so apportioned. Thus, the question arises at once, what are direct taxes within the meaning of the Constitution? If a tax levied by Congress is an indirect one it can be levied on the article named wherever found ; but if it is a direct one, before it can be collected, Congress must determine how much of it must be paid by each State. For instance, when Congress levied a tax of twenty million dollars on lands in 1861, it divided up the whole amount among the several States, and against the lands in each was assessed such a part thereof as the number of its inhabitants bore to the whole number in all the States. Missouri's share was fixed at $761,127.33. There was no doubt of the validity bf that tax, for it has always been admitted that taxes on lands are direct taxes. It is also admitted that ''capitation" or poll taxes, or taxes on persons, are direct taxes; in fact, the Con- stitution says so in so many words, for it declares (Art. I, sec. 9, clause 4) that ''no capitation or other direct tax shall be laid unless in proportion to the census." For a long time it was contended that in the sense in which the words "direct 76 CIVIL GOVERNMENT OF THE UNITED STATES. taxes" were used in the Constitution there were no direct taxes except taxes on lands and persons, and hence that it was not necessary to apportion any other taxes among the States. But slowly the Supreme Court of the United States came around to the view that taxes on the income of lands, such as rents, were also direct taxes; and when Congress in 1894 levied a tax on incomes, without apportioning the amount among the States, that court held the law to be in violation of the Constitution, because it laid a tax on the incomes of lands, which was in effect the same as laying the tax on the lands themselves. This decision made it impossible to levy taxes on incomes from lands, for, except rented lands, it is almost impossible to ascertain the net income of a farm or house. But there had grown up a general demand in the popular mind for an income tax, and so in 1909 Congress proposed to the legislatures of the several States the Six- teenth Amendment to the Constitution, which provided that "Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." That amendment was ratified by the legis- latures of three-fourths of the States by February 25, 1913, and hence became a part of the Constitution. Congress was not slow in using the power it gave. In August, 1913, it enacted a law levying a tax upon the net incomes of unmarried persons in excess of three thousand dollars, and upon the net income of a married person in excess of four thousand dollars. The tax is usually graduated ; that is, the larger the net income of a person the greater is the percentage of the tax he must pay. For instance, the tax upon incomes between $3,000 or $4,000 and $20,000 was by the Act of 1913 made one per cent of the net income; on net incomes between $20,000 and $50,000, it was two per cent, etc., increasing as the net income increased, until it was six per cent on all incomes in excess of a half million dollars. POWERS OF CONGRESS— TAXATION. 77 An income tax, and especially one so graduated as to increase as incomes increase in size, seems to run counter to the rule of uniformity and to be a denial of equality before the law; it applies alike ''throughout the United States," but it levies a higher tax on larger incomes them on small ones; but the grounds upon which such a tax is based are: first, the tax, while it falls only on persons of wealth, falls on those who are most able to pay it, since incomes should be used primarily to support families, and persons of large wealth have no more children to support than poorer ones; and, second, the concentration of immense fortunes in the hands of a few persons is not good for the peace of the country and the prosperity of the people as a whole, and an income tax, especially if it is graduated, tends to check that con- centration. The tax on the incomes of persons is collected by the collectors of internal revenue, in much the same way that they collect the tax on the incomes of corporations. The Sixteenth Amendment says nothing about taxes on lands or persons; and hence, notwithstanding that amend- ment, a tax on either would still be a direct tax, and in order to be valid would have to be apportioned among the States in proportion to their populations. 63. Usual Methods of Taxation. — Congress has enacted few laws imposing a direct tax, and then only for short periods, usually during a war. It has at nearly all times raised the national Government's revenue by imposing taxes admitted to be indirect. On the other hand, the States (and the towns and counties organized by them) have raised much of their revenue by imposing direct taxes. So that it may be said that the national Government's revenue is, for the most part, raised by indirect taxes, and the revenue of States and counties and cities and public schools are raised largely by direct taxes, that is, taxes imposed directly on tangible property. 78 CIVIL GOVERNMENT OF THE UNITED STATES. 64. Purposes of Taxation. — The purposes for which the Government may levy taxes are specified by this clause of the Constitution. They are "to pay the debts and provide for the common defense and general welfare of the United States." These are comprehensive words. The power given by them to Congress is very extensive, but indefinite and not easily defined. It is easy to understand what is meant by the words, "to pay the debts of the United States." They mean that whenever the Government has honestly contracted a debt it must pay it, and that it has power to raise money by tax- ation with which to pay it. It is equally as easy to understand what is meant by "to provide for the common defense." It means that whenever a foreign, or even a domestic enemy, threatens the peace of the Union, it has power to levy taxes to obtain money with which to provide an army or navy or other means for warding off- and putting down such enemy, and even to provide means in time of peace for meeting any trouble that may at any time arise. But what is meant "to provide for the general welfare?" Does that mean that Congress has power to levy taxes for building railroads, or for buying and operating them after they are built, or for building levees to prevent the waters of the Mississippi and other rivers from overflowing bottom lands, or for establishing schools and educating children throughout the country, or for providing pensions for widows and aged persons and support for those unable to obtain employment, or for stamping out yellow fever or cholera, or for paying bounties to sugar producers? Or, does it mean that, if these things are done at all by government, they are to be done by the States individually, and the Congress is to undertake to do only those things necessary for the general welfare which the States cannot successfully do? Statesmen and parties have differed as to the Union's power under this "general welfare" clause. POWERS OF CONGRESS— TAXATION. 79 There have always been those who have contended that Congress has power to levy taxes for anything which it may think for the general welfare; that the question is not one of power, but one of expediency; that the power of Congress in such matters is unquestionable, but whether or not it should exercise that power depends on circumstances, and that the whole point resolves itself into an inquiry as to what is wise and best for the public good in each particular case. On the other hand, parties composed of men equally patriotic have maintained that Congress has no such power, and that even if it has it would be unwise to exercise it except in very clear cases. They say that it is giving to the words "to provide for the general welfare" an extreme and strained meaning to hold that they authorize Congress to tax the people for whatever either it or the majority of the people may deem for the general good; that if Congress, under this clause, can do whatever it wishes to do, it can do whatever a majority of its members may think would be for the general welfare, and if that is the case why have any Constitution at all? Why, they ask, if that is the meaning of these words, was not Congress given the unfettered power to do whatever it deems wise or expedient? Constitutions, they argue, are made for the protection of the minority from the arbitrary tyranny of a headlong and partisan majority, and if majori- ties in Congress can do what they please, the Constitution itself is a useless and vain thin^. They contend that the sole purpose for the Union was that there might be a general or central authority to do for the States what experience had taught them they could not do separately, and that all other powers were in express words "reserved to the States or to the people." They, moreover, have contended for the general principle that, as a matter of practical wisdom and permanent peace, neither the Union nor the States should ever undertake to exercise any power, even if given, except when to do so is clearly for the public good and the orderly workings of society. 80 CIVIL GOVERNMENT OF THE UNITED STATES. The student must decide for himself which of these views is correct, and in seeking for aid from the writings and speeches of others he will enter a field of most useful and patriotic inquiry. Questions on Chapter VI. 1. Where are the powers of Congress found? (52) 2. What has been the effect of exercising these powers? (52) 3. Must Congress exercise every power conferred? (52) 4. Give some examples. (52) 5. What are exclusive powers? (52) 6. Quote the language as to power of taxation? (53) 7. What was the effect of exercising this power? (53)* 8. Give one reason why the Union under the Articles of Confedera- tion broke down? (53) How avoided under Constitution? (53) 9. Upon what things does Congress lay taxes? (53) 10. What is money raised by taxation called and for what used? (54) 11. How are taxes laid by Congress classified? (55) 12. Define indirect taxes. (55) 13. What are imposts and how popularly known? (55) 14. What is a specific tariff? An ad valorem tariff? (55) 15. Define and discuss a protective tariff. (56) 16. Define and discuss a tariff for revenue only. (57) 17. How are imposts collected? (58) 18. What are revenue cutters? (58) 19. What are excises? (59) 20. Upon what are they levied? (59) 21. Do they ever take the form of a stamp tax? (59) 22. Can they be levied on occupations? (59) 23. How are excises collected : 1st, on whiskey and beer; 2nd, on deeds, etc.; 3rd, on incomes of corporations? (60) 24. What taxes must be uniform? (61) 25. How are they made uniform? (61) ' 26. Give some reasons for the value of the rule for uniformity. (61) 27. Is there any such rule for direct taxes? (62) 28. How must they be apportioned? (62) 29. What taxes are admitted to be direct? (62) 30. How was it made possible to tax incomes without apportioning them among the States? (62) POWERS OVER COMMERCE. 81 31. Are all incomes taxed? Is the tax uniform? (62) 32. Can you give any just ground for a graduated income tax? (62) 33. How are taxes on the incomes of persons collected? (62) 34. Must taxes on lands and persons still be apportioned among the States? (62) 35. What has been the usual method of taxation employed by the Government? And by the States? (63) 36. For what purposes may Congress lay taxes? (64) 37 What is meant by "to pay the debts of the United States?" (64) 38. What is meant by "to provide for the common defense?" (64) 39. What has one party contended could be done under "the general welfare" clause? (64) 40. What has been the contention of the opposite party? (64) CHAPTER VII. POWERS OVER COMMERCE. 65. To Regulate Commerce. — Section 8 of article I of the Constitution says that "the Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes." For a century after the formation of the Union, it was generally, almost unanimously, believed that this power was solely to regulate commerce, not to engage in it. But in late years the view that the power to regulate necessarily implies the power to engage in commerce has been gaining a larger place in the minds of students of the Constitution; and hence statesmen who believe that the first duty of the Gov- ernment is to provide for the general welfare and that an easy and wide commerce is necessary for the people's prosperity, have come forward to urge that the Government should own great railroads and great lines of ships by which the necessaries of life can be cheaply carried to and fro between any part of this country and other nations. , Other statesmen stoutly deny that Congress has any power to authorize the Govern- ment to engage in either domestic or foreign commerce; they 6 82 CIVIL GOVERNMENT OF THE UNITED STATES. contend that Congress has the right to regulate commerce between the States and with foreign countries, to prescribe rules by which private persons may carry it on, and to aid them by providing necessary facilities, such as wharfs and lighthouses, but that the Government cannot engage in such trade itself. Others contend that, even if the Government has power to engage in interstate and foreign commerce, the power should be admitted to exist only in times of emergency, when private persons cannot provide means for carrying it on, and that it would be unwise to exercise the power per- manently or beyond the unexpected emergency which jus- tified its use at all. The question has not been settled. It may some day become a very live issue in American politics. 66. Foreign Commerce. — Under this power, Congress has prescribed rules under which ships may carry the United States flag, the terms upon which they may enter our ports in times of peace or war, and pointed out the nations our ships may not visit. It has caused to be constructed lighthouses, beacons and buoys along the coast, and wharfs for the landing of ships, and custom houses at which to register, pay the port fees, and unload their goods. It has prescribed rules to be observed by the officers and crews of American ships while on voyages, and punishments for violations thereof. Other rules protect passengers from infectious diseases and regulate the carrying of inflammable goods and explosives. It has spent immense sums of money in river and harbor improve- ments and the construction of wharfs. Many fine ports, ac- cording to the needs of commerce, have been constructed under this commerce clause at the chief cities along the sea shore. Under the power given by it Congress can prescribe the terms upon which the vessels of other nations may land at any of our ports, and even prohibit their landing at all, and also suppress piracy on the high seas. 67. Interstate Commerce. — This clause gives Congress exclusive power to regulate commerce "among the several POWERS OVER COMMERCE. 83 States." Commerce among the States means commerce which concerns more than one State. It means intercourse and traffic by the people of one State with those of another. It is usually spoken of as "interstate commerce," and it applies to all shipments of things or the travel of persons from one State to another. Congress may prescribe the railroad fare and accommodations of any person traveling by a continuous line of railroad from a point in one State to a point in another State ; and it may prescribe the charges which such a railroad may make for carr>^ing grain, stock, coal or any kind of merchandise from one State into another State, and the kind of cars such railroad shall use ; and it can prescribe the greatest number of hours out of every day such a railroad company may work its employees, and the amount of damages it must pay for an injury to its trainmen; and all these things it has done, and that being the case no passenger fare for interstate travel and no freight charge for any interstate shipment fixed by any State is binding on any such company. The power of Congress is exclusive and supreme over interstate commerce, and that applies to interstate shipments not only by railroads, but by express companies, steamboats and ships. The Legislature of this State may consider the fare charged a passenger from a point in this State to Chicago by an inter- state railroad too high, or the freight charge for shipping goods from New York to some point in this State is too low, but it cannot by law either lower the one or increase the other, for both are interstate commerce, and Congress alone has been given power "to regulate commerce among the several States." ' 67a. Interstate Commerce Commission. — The great bulk of interstate commerce is done by railroads. Nearly one-half of the railroad mileage of the world is in the United States. In operating them hundreds of thousands of men are engaged. The safety, health and habits of those men in- timately concern the whole public. Almost every town in 84 CIVIL GOVERNMENT OF THE UNITED STATES. the land is dependent on railroads for its daily supply of food. The prosperity of farming and manufacturing very largely depends upon freight rates charged by railroads, for rail- roads have no source of income except the charges they exact from shippers for carrying their goods and the pas- senger fares they receive from travelers. It is the duty of the Government, which alone can act for the public, to see to it that those rates are just to both shippers and the railroad companies. They must be reasonable; they must be fair to all persons concerned — to the owners of the railroads, to the trainmen who must be paid for their dangerous work, and to the shipper and traveler, and to the public, whose servants they primarily are and for whose accommodation and use they are permitted to exist. The Congress can enact laws prescribing what freight charges and passenger fares they may exact. It can also prescribe the kind of cars that may be used, and rules relating to the safety, health and working conditions of trainmen, and the safety and accommodation of shippers and passengers. It has enacted laws pertaining to all these subjects. But in the very nature of things freight and passenger rates cannot be uniform throughout so great a country as this. Just rates for one part of the country would be too high or too low for another part. To aid it in regulating interstate commerce, whether by railroads or steamboats, Congress created the Interstate Commerce Com- mission, consisting of seven commissioners appointed by the President, each for a term of seven years, at an annual salary of ten thousand dollars. Not more than four of them can belong to the same political party. The Commission has been given power by Congress to make reasonable in- creases or decreases in railroad rates in any part of the country. To make such rates just, it divides the country into great sections, and prescribes the same passenger and freight rates for all the railroads in that section, and different rates for others; for instance, it can fix the maximum rates all trunk POWERS OVER COMMERCE. 85 railroads east of the Mississippi River and north of the Ohio may charge, and prescribe other rates for the railroads west of the Mississippi, or along the Rocky Mountains. It can prescribe the terms of shipping contracts, require all shippers to be treated alike, prescribe rules for the. accommodation and safety of trainmen and travelers, and regulate the hundreds of details in the operation of railroads in which the public is interested. And it has similar powers to regulate commerce by boats or ships, between the States, or between this and foreign countries. 67b. Free Trade Between States. — Another clause of the Constitution (Art. I, sec. 9, clause 4) says that "no prefer- ence shall be given by any regulation of commerce or revenue to the ports of one State over those of another, nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another." The purpose of giving Congress power to regulate interstate commerce was not to give it power to destroy such trade, but to leave it free, "in order to form a more perfect union." Congress must use this power to establish harmony and peace and not discord among the States; it was given to "protect and promote the free and un- obstructed movement of men and things between the States in the family of the Union." So it is provided that no State can impose an impost or tariff tax on any goods shipped into it from another State or foreign country "except what may be absolutely necessary for executing its inspection laws." Goods made or produced in other States may be shipped into this State and here sold in like manner as goods produced here, without the payment of any impost tax, and orderly citizens of those States may at pleasure pass into or out of yours, and your State cannot prevent such traffic, nor im- pede the freedom of such intercourse, except in so far as it may be necessary to preserve the health of your people and the orderly workings of society. And foreign goods properly admitted at any port of entry may in like manner be shipped 86 CIVIL GOVERNMENT OF THE UNITED STATES. into your State and sold, and the State cannot impose any import tax on them without the consent of Congress, and then the net proceeds of such imposts must be turned over to the United States treasury, and hence, as Congress has never given its consent and likely never will, no State has ever levied an impost tax on foreign-made goods and in all prob- ability never will. 67 c. Inspection and Quarantine. — ^We may, therefore, say that no State can levy an impost on goods shipped into it, nor in any wise deny to such goods that equal freedom of sale that like goods made within the State enjoy, unless to do so would jeopardize the public health, and that is what is meant by the clause quoted above, "except what may be absolutely necessary for executing its inspection laws." The State can, in the interest of public health or safety, require all foods shipped into the State and there offered for sale, to be of a certain quality and to be free from poisons and other hurtful substances; it may, as a precaution against explosions and fires, require all oils shipped into the State for local con- sumption, to be inspected; and, to guard against diseases, it may require wheat and corn and meats and fish and cattle and horses shipped into the State from another State, to be inspected, and even destroyed; and it may impose an in- spection fee in every such case, which the owner of the thing shipped in must pay before he can sell it, and in some cases before he can even use it. It can also prohibit the entrance into the State of persons or animals afflicted with infectious diseases. All these things it can do without the consent of Congress, because the health and safety of its citizens may require such precautions; but the inspection fees in every such case must be reasonable, nor can they be so used as to destroy or materially impede interstate commerce. 67(1. Trade Within the State. — Nor has Congress any control over the trade and intercourse of the people wholly within a State. Goods shipped into a State, as soon as they POWERS OVER COMMERCE. 87 have been mingled with and become a part of the property of the State, may be taxed for State and county and city purposes, just as goods produced there. Thus, a State may require a license tax of merchants or the seller of spirituous liquors, and those licenses must be paid, whether the goods were produced within the State or elsewhere. Nor will Congress interfere with a State law fixing reasonable and just freight charges for goods and fares for passengers transported from one place in the State to another within the State by an interstate railroad, nor with laws providing for separate coaches for white and negro persons traveling from one place to another within the State, if the accommodations are other- wise equal, for this is not commerce "among the States." 68. Trade With Indians. — No State can prescribe any rule for trading with uncivilized Indians living within its borders. Congress alone can do that. It has fixed a penalty for selling guns and ammunition to hostile and uncivilized Indians, and prohibited any one to trade with them except persons of good moral character who have been specially licensed to do so, giving a bond for honest dealing. Questions on Chapter VII. 1. What power has Congress over commerce? (65) 2. Discuss different views as to power of the Government to engage in foreign or interstate commerce. (65) 3. How has Congress regulated foreign commerce? (66) 4. What does commerce among the States mean? (67) 5. How is it usually spoken of? (67) 6. Give some instances of how Congress regulates interstate com- merce. (67) 7. Discuss railroads and Interstate Commerce Commission. (67a) 8. What is said of free trade between the States? (67b) 9. Can a State impose an inspection fee on shipments into it? (67c) 10. Can it prevent entrance to persons or animals? (67c) 11. For what purpose? (67c) 12. Can Congress control trade or travel wholly within a State? (67d) 13. How does Congress regulate the Indian trade? (68) 88 CIVIL GOVERNMENT OF THE UNITED STATES. CHAPTER VIII. POWER TO BORROW MONEY. 69. Necessity of Power. — ^The Congress is also given power "to borrow money on the credit of the United States." Without power to borrow money no great government could at times sustain itself. In times of war its expenses rapidly increase and its revenues rapidly decrease. War disturbs business and cripples trade. It decreases the people's capacity for production, and lessens their opportunity to sell the things they do produce. Commerce between nations is demoralized and dwindles away, for each nation at war tries to sink or capture the ships of its enemies. These things lessen the amount of imports and to that extent cut down the revenue derived from imposts. It would add grievously to the people's burdens to try to meet this loss by a commensurate increase in excises and direct taxes, for the loss of their foreign trade lessons their prosperity at home. A lack of power in Congress to borrow money at such times would leave it unable to "provide for the common defense.'* In other times of distress, such as financial panics or extensive droughts, it may be wise for the Government to borrow money, for to try to replenish the treasury by increased taxation would be to lessen the people's capacity to pay their own private debts, and supply their own necessaries; and to carry to speedy completion a great governmental enterprise, whose benefits will extend through generations and even centuries, like the building of the Panama Canal, it is proper for the Government to borrow money. 70. Bonds. — Congress usually exercises this power of borrowing money by authorizing the President to issue and sell the bonds of the United States, which are simply the Government's written promises to pay at some future time. POWER TO BORROW MONEY. 89 These bonds thereby become debts that must be paid or re- newed when they become due, and the money with which to pay them must be raised by some of the methods of taxation discussed in Chapter VI. The bonds if payable in some future year bear interest, and are made payable at the option of the Government at any time after five, ten or twenty years after their issue, but the holder cannot demand pay- ment for twenty or thirty or forty years. Thus they are called five-twenty, ten-thirty or twenty-forty bonds — for ex- ample, at any time after the end of ten years the Government can pay off a ten- thirty bond, but if the interest is regularly paid the holder cannot demand payment until the thirty years have elapsed. By pursuing this method the Govern- ment can either pay off the bonds at any time after the end of the first period, or after that use the intervening time before they become due to renew them at a lower rate of interest. Most of these bonds, now amounting to over twelve hundred million dollars and once to over tw^o billions, were issued to ob.tain money wherewith to carry on the Civil War, or in re- newal of bonds then issued. But the first bond issue was made long before the Civil War, for on February 8, 1813, during our last war with Great Britain, Congress authorized the President to issue and sell sixteen millions of bonds, the money to be used in meeting any expenses of the Government, which then were unusually large. The bonds issued to carry on the Civil War were at first issued for short periods, and the predominant rate of interest was five or six per cent, but as the country recovered from the ruin wrought by that war they were renewed at lower rates of interest, so that the issues of two hundred millions during the Cuban War were made to bear only three per cent, and were for a period of ten-tw^enty years. But all the Government bonds were not issued for war purposes. More than two hundred millions were issued between 18^3 and 1896 in exchange for gold with which to redeem greenbacks and other Treasury notes, which 90 CIVIL GOVERNMENT OF THE UNITED STATES. according to their terms were redeemable in coin whenever presented to the Treasury, and others for the same purpose were issued long before that and still others have been issued since; and about 375 millions have been authorized first and last for the building of the ship canal across the Isthmus of Panama. 71. United States Notes. — If the Government's promises to pay are payable on demand or whenever presented to the Treasury, they do not usually bear interest, and are not denominated bonds, but "United States notes," because in that form they are much like the ordinary promissory notes of private citizens. They are popularly called ''greenbacks," because the devices on their backs were printed with green ink. A twenty-dollar note simply reads: "The .United States will pay to bearer twenty dollars." Notes of the United States were first issued in the War of 1812, and again in the Mexican War, and on May 21, 1838, Congress authorized an issue of five millions of such notes "to meet the current expenses of the Government." Between 1812 and 1861 there were ten or twelve issues of notes, usually in amounts of five millions each, and in all over fifty millions. Nearly all of them were issued to run for only one year, and were made receivable in payment of taxes due the Government and by its officers in payment of their sala- ries. But they were not made a legal tender in the payment of private debts, nor was it thought in those times that Con- gress had power to make them, or anything except gold and silver, legal tender. The next great issue of the United States notes began at the outbreak of the Civil War. They were issued for the purpose of creating a quick emergency fund for raising and equipping an army. Many of those then issued, as well as all those issued prior thereto, bore interest, and were in all respects bonds except that they were made to run for only a short time and were in small denominations, so that they f POWER TO BORROW MONEY. 91 X:ould be the more readily sold and to a larger number of per- sons. As the expenses of the war rapidly rose, Congress again and again resorted to this method of sustaining the Govern- ment. From the outset of the war it made its notes receiv- able in payment of all debts due the Government, and soon they were used to pay soldiers and sailors for their services and to purchase their supplies, and as the Government found itself in 1863 in the throes of a death-struggle it took the far- reaching step of making these notes a legal tender in the pay- ment of all debts, public and private, except duties on im- ports and interest on Government bonds, and thus put them into circulation to do the work of money, and hence they are also known as ''legal tender notes." The amount of these notes soon after the war was greatly decreased under an act which authorized the Treasury to issue to the holder in ex- change for them an equal amount of long-time interest-bear- ing bonds. Thus all the interest-bearing notes were retired or destroyed; but in 1868 Congress prohibited the President from retiring and cancelling the remaining ones^ and by a later law made them redeemable in coin whenever presented to the Treasury, and in 1900 made them redeemable in gold only. The law which prohibits their retirement and cancel- lation has been re- enacted again and again, and is still in force. Whenever these notes are presented to the Treasury they are taken up and paid off in gold and are ''reissued and paid out and kept in circulation," and hence the amount thereof since 1878 has remained fixed ($346,681,016) and will continue to be until Congress authorizes the Treasury to pay off and destroy them. Questions on Chapter VIII. 1. What is the language of the Constitution as to borrowing money? (69) 2. Why should Congress have this power? (69) 3. Name some instances when it seems necessary to borrow money. (69) 92 CIVIL GOVERNMENT OF THE UNITED STATES. 4. How does Congress usually exercise this power? (70) 5. What are bonds? Are they debts? How are they paid? (70) 6. Describe the usual interest-bearing bonds. (70) 7. For what purpose were they issued? (70) 8. For what other purpose have bonds been issued? (70) 9. Suppose the Government's debts are payable on demand? (71) 10. Discuss a greenback or legal tender note. (71) 11. When was the next great issue of notes? (71) 12. For what were they first receivable? (71) 13. For what were they made receivable in 1863? (71) 14. What was done in regard to them at the close of the war and in 1868? (71) 15. In what were they later made redeemable, and in 1900? (71) 16. Why is the amount fixed? (71) CHAPTER IX. POWER OVER COINAGE, WEIGHTS AND MEASURES. 73. The Coinage of Money. — ^Another clause of section 8 of article I of the Constitution says that "the Congress shall have power to coin money, regulate the value thereof, and of foreign coins, and fix the standard of weights and measures." In connection with this clause should be read and considered another (Art. I, sec. 10, clause 1) which says that "no State shall coin money, emit bills of credit, or make anything but gold and silver coin a tender in payment of debts." These two clauses contain everything found in the Constitution on the subject of money. It should be observed that neither clause specifically says that the Congress shall not have power to make anything but gold and silver coin a tender in the payment of debts; what it does specifically say is that no State shall have that power. It is clear that no State can issue paper money. For a long time it was also contended that these two clauses were intended to mean that the United States could not issue paper money ; that such meaning is found in the fact that the first clause says that Congress shall have power "to coin p POWER OVER COINAGE, WEIGHTS. MEASURES. 93 money" and the word "coin" is applicable only to gold and silver, and that the second clause says no State shall "emit bills of credit," which was intended to be a condemnation of paper money in any form. The contention has again and again been a very sharp and disturbing one in American politics. But more than a half century ago Congress au- thorized the Government of the United States to issue notes and made them a legal tender in the payment of private debts, but in late years has attempted to make them as good as gold by requiring them to be paid with an equal amount of gold whenever presented to the Treasury for payment; and, hence, the question of whether Congress has power to make the mere notes of the Government a legal tender in pay- ment of private debts is no longer as acute as it was in former years, since the Congress, by making the greenbacks redeem- able in gold, has in effect come back to the theory that only gold or silver is a final legal tender for such debts. And it has pursued almost the same theory as to bank currency, for while it has authorized certain banks to issue their notes, to be passed as current money, it has taken such precaution as compels them to be finally redeemed in gold, as will be seen in the subsequent sections of this" chapter. 73a. Exclusive and Discretionary Powers of Congress. — The power of Congress to coin money is an exclusive one; that is, it is one which Congress alone can exercise. No State could exercise it, whether Congress refused to do so or not, for the Constitution clearly says that "no State shall coin money." Not so, however, with weights and measures. Con- gress has power to "fix the standard of weights and meas- ures," and this is a power which it may or may not exercise, as it chooses, and until it passes laws on the subject the States may do so for themselves, but when it does that no State can longer do so. No better illustration of the difference between a mere grant of a power and the exclusive right to exercise a power 94 CIVIL GOVERNMENT OF THE UNITED STATES. granted to the Federal Government can be found in the Con- stitution than is contained in these two clauses. It was more than three years after the Government under the new Con- stitution was inaugurated before Congress passed a coinage law, but during that time no State could coin money or regu- late foreign coins. On the other hand, although Congress has always had the power, it has never undertaken to enact a law fixing "the standard of weights and measures" except for the transaction of its own business, and hence each State has passed laws on the subject for itself, and these laws are bind- ing, and will continue to be until Congress nullifies them with laws of its own. Many powers have been granted to Congress which it has never seemed expedient or wise to exercise, and hence the States have gone ahead passing laws on the subjects, and these have always been upheld and will be until Congress exercises its power to pass a general law on the particular' subject, and then so much of the State laws as are in con- flict therewith must yield to the superior authority of Con- gress. For instance, the lands obtained by the purchase of Louisiana Province and by the cession to the United States of the Northwest Territory, became public lands, which the Government had surveyed for the purpose of disposing of them to settlers; it, therefore, had them surveyed by its own surveyors, and in order that there might be uniformity in such surveys it directed that the acre should be the unit of measure for its lands, and that such lands should be sur- veyed into sections, townships and ranges, each containing a certain number of acres, and thus it made the table for "square measure" the "standard of measure" for land. It has also prescribed that the Troy pound shall be the standard of weights at the mints, in measuring gold and silver. These things it has done because the selling of the public lands and the coinage of money are its business. But it has not under- POWER OVER COINAGE, WEIGHTS, MEASURES. 95 taken to say how many pounds shall make a bushel of wheat or corn or oats, nor whether these things shall be measured by bushels or pounds or hogsheads, but has left those matters to the States to be regulated as each may think will best serve the interests and business of its own people; and this it has done because the laws of the various States on these subjects are almost exactly the same. But if some States should declare that sixty, and others that sixty-two, and others that fifty-eight pounds of wheat should constitute a bushel, and thereby destroy the rule of uniformity, and bring confusion into the marts of trade, Congress w^ould likely interfere by enacting a law applicable to all parts of the coun- try, declaring just how many pounds of wheat should con- stitute a bushel ; and that it would do under this clause which gives it power to fix the standard of weights and measures, and under the other clause of the Constitution which vests it with power to regulate commerce among the States. 74. Necessity For. — The power to coin money is placed in Congress in order to facilitate commerce among the States and with foreign countries. In order that trade may be easily carried on, a dollar should have the same value throughout the whole country. Money is the medium of exchange, and coin is the standard of value. It is the measure by which the value of other things is determined. It is necessary for smooth-going trade that that measure of value be the same size in all the States. In the Colonial days the shilling, which was the coin in general use, in several colonies was 16f cents, and it took six of them to make a dollar; in others, it was 12^ cents, or 8 to a dollar; in others it was ISJ cents; and in still others, 21^7 cents. This difference in the size of these small coins impeded trade among the colonies; and created con- fusion in the public mind. So long as each State could de- termine for itself the size of its own coins there would be no uniformity in the moneys of the country. On the other hand, if the coins were the same throughout the land, they would 96 . CIVIL GOVERNMENT OF THE UNITED STATES. not only facilitate trade among the States, but aid in con- solidating the States into "a more perfect union." Thus, we have two reasons for the exercise by the national Govern- ment of this power to coin money: (1) to establish uni- formity in the moneys of the country and thus facilitate trade among the States and with foreign countries, and (2) to strengthen the bond of fraternal union. The exercise of this power has quietly done much to make the United States a consolidated nation. 74a. The Decimal Coinage System. — In the Colonial days sales were made and contracts were expressed in English money; that is, in pounds, shillings and pence. It is not easy for the average man to make calculations in those things. The decimal table, in which the figure ten is the multiplier or divisor, is easier. So after Independence was won and America had to adopt coins of her own, Thomas Jefferson, in 1783, brought forward in the Continental Congress a measure by which the dollar was to be made the unit of value, and other coins should be one-tenth or one-hundreth of a dollar or ten times a dollar, and the prices of things should be expressed in dollars and cents. It was approved by that Congress in 1786, and so this monetary table had been es- tablished in the most of the States before the Constitution was adopted ; and when the Congress, under the clause of the Constitution which gives it power to coin money, enacted the first coinage law on April 2, 1792, it accepted this table as an established fact. It made the dollar the unit of value, and provided that the gold coins should be eagles, double eagles and half, eagles, or ten, twenty and five dollars each, and that the silver coins should be dollars, half dollars and dimes ; and all these have ever since been our national coins. Later a silver quarter, or a twenty-five cent piece, and copper pen- nies, or one-cent pieces, and a nickel or five-cent piece, were added. At one time, about the close of the Civil War, United States notes in denominations of twenty-five cents F * POWER OVER COINAGE, WEIGHTS, MEASURES. 97 and fifty cents were in circulation, but in late years no notes in denominations of less than one dollar have been issued, either by the United States or by any bank. No other nation has coins in which the value of things can be so easily calculated and expressed. It is easy to cal- culate in tens and multiples of ten. To devise coins in which the value of all kinds of property can- be so easily calculated and written, and adapted to the smallest transactions as well as the largest, was statesmanship of the highest order. 75. Coining Money.— Congress has taken exclusive control over the coinage of money. It has from the first declared that the coins shall be gold and silver. It has de- clared how many grains of gold each gold coin shall contain and how much alloy, and how many grains of silver the silver dollar shall contain and how much alloy. It has prescribed certain words and devices to be placed on the coins, and it has established mints where alone the coins may be struck off, and declared that no private person or company shall make any coins like them. Any person from any part of the world can take gold bullion to one of these mints and have it turned into gold coins, and the coins when handed back to him are lawful money of the United States, and a legal tender in the payment of all debts. This is called "free and unlimited coinage of gold." Formerly the owner of silver bullion could in the same way take it to the mint and have it turned into silver dollars, but this is no longer true. Now whatever silver bullion is turned into silver coins is first bought by the Treasury, and then coined in such amounts as the Congress may direct. But the Congress does not authorize the Treasury to buy any gold bullion for the purpose of having it coined. It simply provides the mints to which the owner of the gold can take it and have it coined. 76. The Size, Parity and Ratio of Coins.— The dollar, whether made of gold or silver, has at all times since the adop- tion of the Constitution been the unit of value. But since 7 98 CIVIL GOVERNMENT OF THE UNITED STATES. 1873 the gold dollar has been the "standard unit of value," and on March 14, 1900, Congress by law declared that "all forms of money issued or coined by the United States shall be maintained a;t a parity of value with this standard;" so that the United . States has pledged its honor that all silver dollars coined by it and all paper money issued by it shall be worth exactly the same number of gold dollars, and it keeps this pledge by exchanging at the Treasury gold coins for silver dollars or the paper money whenever any person having the latter wishes to exchange them for an equal amount of the former ; and in order to be able to always make such exchanges on demand it keeps on hand in the Treasury a fund of one hundred and fifty million dollars in gold to be used solely to redeem with gold any silver dollars or paper money coined or issued by it; and if that fund becomes de- pleted and cannot be restored in any other way, it issues three-per-cent United States bonds and sells them for gold and adds the gold so obtained to this fund. At the present time the silver dollar contains 371J grains of pure silver. It has had that number ever since the passage of the first coinage act on April 2, 1792. Its size has never been changed. The gold dollar was first authorized to be coined in 1849 and its coinage was stopped in 1890. It had 23.2 grains of pure gold. And while the gold dollar as such has passed out of use, the gold eagle, which contained ten times as much gold, or 232 grains of pure gold, is very nu- merous. Standard metal is the product after the pure metal has been mixed with copper or other alloy, which must be added in order to make the coin hard and unbending. It is from the standard metal that the coins are made. Each coin is now about nine-tenths pure or "fine," and one-tenth alloy. The standard silver dollar, therefore, contains 412| grains of standard silver, and the gold eagle 258 grains of standard gold. POWER OVER COINAGE, WEIGHTS, MEASURES. 99 It will be observed that the silver dollar contains almost exactly sixteen times as many grains as the gold dollar. This is what is meant by the ratio of the coins being 16 to 1. It means that a silver dollar shall contain sixteen times as many grains of silver as there are grains of gold in a gold dollar. The ratio was by the first coinage law made 15 to 1, the law providing that "every fifteen pounds weight of pure silver shall be of equal value, in all payments, with one pound weight of pure gold." This ratio was changed in 1834 to 16 to 1, by decreasing the size of the gold coin, the gold eagle being reduced from 247J to 232 grains of pure gold, and such has remained its size ever since. 77. Amount of Money. — Gold and silver constitute more than two-thirds of the entire volume of moneys of the United States, the gold alone amounting to over two billions of dollars, and the silver coins to about seven hundred million, and all other moneys to something over one billion three hundred million. Prior to 1872 the entire volume of gold coined in the whole country amounted to less than twenty millions, but in late years its volume has rapidly incroased; but its volume at any one time largely depends upon the state and volume of foreign commerce. Trade between nations is much like trade between two merchants when the time comes for balancing accounts; there will at times be a balance in favor of one, and at other times a balance in favor of the other, and the one who owes that balance must pay it. The balance of trade between nations is paid in gold; and if the value of our exports largely exceed the value of the im- ports there will be a large balance in our favor, and the volume of gold in this country will largely increase; but, if imports exceed our exports there will be a balance against us, and the volume of our gold will decrease. Again, citizens of this country may have so'd railroad and other bonds to citizens of another country, and the holders of those bonds may re- quire payment when they become due, and that may cause 100 CIVIL GOVERNMENT OF THE UNITED STATES. gold to go abroad. And as the volume of exports and im- ports, and the amount of foreign debts to be paid, vary with the years, so the volume of gold in this country varies, and is not exactly the same at any two periods. The amount of silver, on the contrary, remains almost stationary. 78. Gold Certificates. — Gold and silver coins have always been moneys of the United States. But the coins themselves are heavy and often inconvenient to carry. To overcome this inconvenience and keep them in constant use. Congress has provided for gold certificates and silver cer- tificates. Under the law any person who has as much as $100 in gold coins can take them to the Treasury of the United States, deposit them there and take out an equal amount of gold certificates, no more, no less. These certificates look much like greenbacks except the devices are printed in orange instead of green ink. They are simply receipts stating that there has been so much gold deposited in the Treasury for their redemption. For instance, a $20 gold certificate reads: "This is to certify that there have been deposited in the Treas- ury of the United States twenty dollars in gold coin payable to the bearer on demand." The gold when so deposited is not used to pay any current expenses of the Government, but is held as a sacred fund for the redemption of the certificates whenever presented, and, hence, any holder of the certifi- cates may present them at the Treasury at any time and get an equal amount of gold coin, and thereupon the certificates are destroyed. The certificates, therefore, in the hands of the people pass current as so much gold. They are more portable and convenient than the coins, and that is the reason for their existence. 79. Silver Certificates. — For the same reason the owner of silver dollars can take them to the Treasury, deposit them there, and take out an equal amount of silver cer- tificates; in fact, there is better reason for this provision for silver certificates than for the one for gold certificates, r POWER OVER COINAGE, WEIGHTS, MEASURES. 101 since silver coins in proportion to their value are heavier and bulkier than gold coins, a silver dollar being as heavy as six- teen dollars in gold. As a result, proportionately far more silver certificates are in ' circulation than gold ones. The amount of silver certificates is about five-sixths of the entire amount of silver dollars in existence, while the amount of gold certificates is .about one-half the amount of gold coin. A five-dollar silver certificate reads this way: "This certifies that there have been deposited in the Treasury of the United States of America five silver dollars payable to the bearer on demand." 80. Denominations. — ^Silver certificates are In denom- inations of one, two, five and ten dollars, and one-tenth of the whole amount in denominations of twenty, fifty and one hundred dollars. Gold certificates are in denominations of not less than ten dollars, and at least one-fourth of the entire amount in not less than fifty dollars, and even a ten-thousand dollar gold certificate payable to order may be issued. Hence, the denominations of the two kinds of certificates somewhat correspond to the -relative weights of the two kinds of coins. 81. Subsidiary Coin. — It never has been true in this country that the holder of either silver or gold bullion could have them turned into coins of less size than one dollar. No gold coin of less size than one dollar has ever been coined, and all silver coins of less size than one dollar have been coined by the Government itself, that is, it buys the silver bullion and has it turned into half dollars, quarters and dimes. These are called "subsidiary silver coins" or "frac- tional currency." They are necessary for small business transactions and to make exact change. To aid them the Government has also provided a five-cent piece called a "nickel," and one-cent pieces made of copper. The sub- sidiary coins now amount to almost two hundred million dollars. 102 CIVIL GOVERNMENT OF THE UNITED STATES. 82. Emergency Moneys. — The amount of gold and silver actually coined has never been sufficient to do the work required of a medium of exchange, and consequently at various times Congress has provided for temporary or emergency moneys to supplement these coins. These are (1) green- backs or legal tender notes, which have already been dis- cussed in section 71, and (2) bank notes. 83. National Bank Notes. — A bank whose notes are permitted by law to be used as current money is called a bank of issue. In all the larger cities, and in many of the smaller ones, there are institutions known as national banks. Congress has enacted laws permitting private citizens to organize a national bank by investing their money in its capital, and by prescribing the kind of banking business it may engage in. The Government permits a national bank to invest a part of its capital in two-per-cent United States bonds, and, by depositing these bonds in the Treasury as security that its notes will be paid, to ''issue and circulate as money" an equal amount of its notes, which are by law made receivable by the Government in payment of all debts due it except duties on imports, and in payment of all debts owing by it to individuals except interest on the public debt, which is payable in gold. Thus they are made to pass cur- rent as money, although they are not legal tender in the pay- ment of a debt owing by one private citizen to another, but are usually so tendered and received without question. A fifty-dollar national bank note reads about this way: "The Third National Bank of St. Louis, Missouri, will pay to bearer fifty dollars on demand. This note is secured by bonds of the United States deposited with the United States Treasury at Washington." The Government levies a small annual tax on the amount of notes issued by a national bank, for the purpose of having on hand at all times a fund which may be immediately used to redeem the notes of any national bank that may fail; and t POWER OVER COINAGE, WEIGHTS, MEASURES. 103 if such a bank fails, the Treasury sells the bonds that have been deposited with it by the bank, for gold, and replaces whatever part of the fund it may have used to take up and pay off the notes of the defunct bank, and turns over the balance, if any, to the bank's officers to be used in paying its other debts. Thus, the national bank notes are in effect as valuable as an equal amount of gold, since they are upheld by an equal amount of bonds deposited in the Treasury, to be held as a sacred fund solely for their redemption. The bonds are themselves payable in gold, and the Government always pays its debts in full, and as the bonds are not taxable for any purpose they can always be sold at par for gold. 83a. Federal Reserve Notes. — For the purpose of fore- stalling financial panics and providing quick facilities for loosening up industrial congestion, Congress in 1913 enacted the Federal Reserve Act. Under its provisions the whole country is divided into twelve convenient districts, and in the chief commercial city in each has been established a Federal Reserve Bank, which must have a capital of at leeist four million dollars. Each national bank in the dis- trict must invest six per cent of its own capital in the capital stock of such bank, and thereby it becomes known as a "member bank;" and private citizens to a limited extent may become stockholders, and, if the laws of their State per- mit, a State bank or trust company may also become a member bank. A Federal reserve bank is peculiarly a bank of issue; it does not receive the money of private citizens on deposit and loan it out to other private citizens, as do other banks; its principal business is to buy the notes of merchants, farmers, manufacturers, stock dealers, grain ele- vators, importers and other persons who are carrying on the commerce of the country, which will be due in three or six months, and pay for them with its own notes, which it is authorized to issue, and which are receivable for taxes, 104 CIVIL GOVERNMENT OF THE UNITED STATES. tariffs and all other debts due the Government, and are re- deemable in gold at the United States Treasury. At certain seasons of the year a large amount of money is needed to move the cotton, wheat, fruits and other crops from the South and West and other agricultural regions to the Eastern cities and foreign countries, and to supply that money placed a heavy burden on the banks located in the regions where these things are produced. Such money is needed only for short periods, usually only for ninety days, and rarely as long as six months; but to obtain it the local banks were compelled to borrow it in the Eastern cities or it was necessary for the Treasury to deposit the Government's money in them. The larger the crops the greater did this burden become, and hence the producers, because of the difficulty in getting quickly the money needed to move their products to the cities and foreign countries where they are consumed, did not obtain for them the prices to which they were justly entitled. At other seasons of the year, when the demands of trade require the movement of clothing, agri- cultural implements and other products of factories into the agricultural regions and foreign countries, large sums of money are needed for a short time by the owners of those factories, importers, exporters and wholesale merchants to facilitate the movement. Thus money at certain seasons of the year was drained out of one part of the country into another, and at other seasons flowed back, and banks were compelled either to withhold from their ordinary customers money needed to carry on their regular business, or to hold in reserve in their vaults large amounts of money to meet these extra trade demands which lasted for only short periods, and if they did that this extra reserve lay idle the rest of the year. It was to meet this and other like industrial conditions that the Federal reserve banks were established. They can buy the notes of the owners of the products of factory or farm, which are to become due in a short time, by r POWER OVER COINAGE, WEIGHTS, MEASURES. 105 exchanging their own notes for them, and then when these ■ products are sold and the notes of the makers paid, an equal amount of bank notes are retired or destroyed. Thus the amount of such bank notes outstanding at any time in a district will depend on the demands of business in that dis- trict — in fact, upon the value of the commodities for the marketing of which they have been issued. The bank must at all times have either in its vaults or in the Treasury a sufficient amount of gold to pay all its outstanding notes as fast as they are presented for payment; and for obtaining •the gold it can use its capital to buy gold or to buy and sell gold bonds of the United States. It can buy with its notes, tfrom any member bank, notes secured by agricultural prod- ucts or by goods, wares and merchandise, which have been previously purchased by such member bank; and thus the Federal reserve bank and all the member banks of the dis- trict constitute one great consolidated monetary system for quickening the marketing of its surplus products, and thereby adding to the gain to the producer that should accrue to him from such products; and by furnishing the money needed to move crops and the products of factories, the Federal reserve banks have largely lifted that burden from other banks, and made it unnecessary for national banks to Iceep in their vaults so large a per cent of their capital as a reserve to meet their liabilities in any emergency, and hence made it possible for them to loan more of their deposits to private citizens. The notes of a Federal reserve bank are issued in denomi- nations of five, ten, twenty, fifty and one hundred dollars, and a five-dollar note reads: "Federal Reserve Note. The United States of America will pay to the bearer on demand five dollars. This note is receivable by all national and member banks and Federal reserve banks for taxes, customs and other public dues. It is redeemable in gold on demand at the Treasury Department of the United States in the City of Washington, District of Columbia, or in gold or lawful 106 CIVIL GOVERNMENT OF THE UNITED STATES. money at any Federal Reserve Bank. The Federal Reserve Bank of Kansas City, Missouri." The amount of notes a reserve bank may issue is deter- mined by the Federal Reserve Board, consisting of the Sec- retary and Comptroller of the Treasury, and five persons ap- pointed by the President, none of whom can be a director or officer in any bank. The board is a constant check on all reserve banks, requires them to comply rigidly with the laws which prescribe just what kind of commercial paper they may buy and how they may invest their capital, and watches the business of the country to see what volume of notes each bank should issue in order to meet its needs. 84. Bills of Credit. — The Constitution provides that no State shall "emit bills of credit" or "make anything but gold and silver coin a tender in payment of debts." "Bills of credit," as here used, mean paper money, and "to emit bills of credit" is to issue the notes of the State redeemable at some future time, and cause them to circulate as money. In the days prior to the adoption of the Constitution every State had issued its notes, and provided that they should be received by all State officers in payment of their salaries and by tax collectors in payment of debts due the State. These notes originated in the inability of the State to pay its current expenses as they rapidly increased during the Revolutionary War. The State, therefore, attempted to run on credit, or to support itself by borrowing money. The notes were simply promises to pay so much money, and they were made redeem- able in money within a certain number of years. As the State received them in payment of taxes and compelled its officers to receive them in payment of their salaries, other people also took them from the officers at their face value so long as they believed the State would be able to pay or redeem them in actual money, that is, gold or silver. But as the burdens of the war became heavier and the amount of these notes in- creased, and the State showed no ability to redeem them, I POWER OVER COINAGE, WEIGHTS, MEASURES. 107 they became worth less than par, and in some cases not more than fifteen per cent of their face value. Then the State, apparently in an effort at self-preservation, took another very important step, just as our Congress afterwards did in regard to the greenbacks: it made its notes legal tender in the pay- ment of all private debts, and thus attempted to force them into circulation as money, with an increased value. The Constitution took away from the States the power not only to issue paper money, but also to make anything ex- cept gold and silver coin a tender in payment of debts. A State cannot compel a private citizen to accept greenbacks in payment of debts owing him, but it has been held by the Supreme Court that Congress may do so. If Congress had no law on the subject, the State could not compel the holder of your note to accept in payment anything except gold or silver coin, unless the note itself contracted that it might be paid in something else; but if the contract provided that it should be paid in something else (for instance, 100 bushels of wheat) the State could compel the holder to accept that other thing, or gold and silver coin, in payment. But Congress has provided that private debts may be paid in any lawful money, and it has made greenbacks and gold and (when not other- wise provided in the contract) silver dollars, lawful money. But the provision prohibiting a State from emitting bills of credit does not mean that the State cannot issue its notes or bonds to be sold for money. It can borrow money whenever it wishes, and it can settle its debts with those it owes by issu- ing its notes to them in payment, if they are willing to accept them, but it cannot compel them to receive them, nor can it make the notes circulate as money. 85. Counterfeiting. — ^As a necessary incident of the power of Congress to coin money, it is also given the power "to provide for the punishment of counterfeiting the securi- ties and current coins of the United States." Counterfeiting is the making or uttering of spurious or imitation money. 108 CIVIL GOVERNMENT OF THE UNITED STATES. bank notes or notes or bonds of the United States. Some- times dishonest and thieving persons try to make silver or gold coins out of some cheap or spurious metal so nearly like the genuine coins that ordinary persons will not readily detect their false character. This is counterfeiting, as is also an attempt to pass such counterfeits, and as is the making by private persons of greenbacks or other notes or bonds pur- porting to be issued by the Government or banks of issue, and as is the passing or selling of such imitation money. Volume of Money. — The amount of money in the United States on Feb ruary 1, 1916, as shown by the report of the Secretary of the Treasury, was as follows: Gold coin (including bullion in the Treas- ury) $2,328,421,835 Standard silver dollars 568 , 271 , 655 Subsidiary silver 189 , 099 , 208 Total metallic moneys $3 ,085 , 792 , United States notes (greenbacks) $346,681 ,016 National Bank notes 766,392 ,068 Federal Reserve notes 219 , 370 , 000 Total of paper moneys 1 , 332 , 443 , 084 Total moneys of all kinds $4,418,235,782 Total moneys in circulation $3 , 933 , 678 , 877 Total moneys in Treasury 277 , 853 , 117 Gold held by Federal Reserve banks against notes 206 , 703 , 788 Total moneys in circulation and held in reserve $4,418, 235 , 782 Gold certificates $1 , 517 , 533 , 186 Silver certificates .- 480,719,356 Questions on Chapter IX. 1. Repeat the two clauses of the Constitution relating to money. (73) 2. Can a State make anything but gold and silver coin a legal tender? (73) What is said about the attempt of Congress to do so? (73) 3. How are Government and bank notes made as good as gold? (73) 4. Is the power of Congress to coin money exclusive? (73a) POWER OVER COINAGE, WEIGHTS. MEASURES. 109 5. What is meant by that? (73a) 6. Can a State fix the standard of weights and measures? (73a) 7. Can it do so after Congress has enacted a law on the subject? (73a) 8. Discuss the difference between an exclusive power and a mere grant of power as illustrated by the coinage of money and weights and measures. (73a) 9. Why is the power to coin money placed in Congress? (74) 10. What is money? What is coin? (74) 11. The effect of a variable shilling in the Colonial days? (74) 12. What two reasons, then, for the exercise by the national Govern- ment of the power to coin money? (74) 13. Discuss the decimal or monetary table. (74a) 14. What is the unit of value? (74a) 15. What are the gold and silver coins? (74a) 16. What provisions for coinage has Congress made? (75) 17. What is said concerniag the free coinage of gold and silver? (75) 18. What is the standard unit of value? (76) 19. How are all moneys kept at a parity with gold? (76) 20. How many grains in the silver and gold dollars? (76) 21. What is standard metal, and the sizes of the coins? (76) 22. Discuss the ratio of the gold and silver coins. (76) 23. What is the volume of gold and silver coins? (77) 24. Upon what does the volume of gold largely depend? (77) 25. Discuss that, and tell why it is true? (77) 26. Discuss gold certificates (78) and silver certificates (79). 27. What are the denominations of these certificates? (80) 28. What is said of subsidiary coins? (81) 29. Why has Congress authorized emergency money? (82) 30. What two kinds of emergency money? (82) 31. Discuss national bank notes. (83) 32. How are they made as good as gold? (83) 33. Read very carefully what is said concerning Federal reserve banks, and then state in what way they aid commerce and other banks. (83a) 34. What does the Constitution say about bills of credit? (84) 35. Give the history of bills of credit in the States prior to the adoption of the Constitution. (84) 36. What power have the States as to issuing paper money and declaring in what things debts may be paid? (84) 37. Can a State still issue notes or bonds? (84) 38. What is counterfeiting? (85) 110 CIVIL GOVERNMENT OF THE UNITED STATES. CHAPTER X. NATURALIZATION AND BANKRUPTCIES. 86. Congress is also given power "to establish an uniform rule of naturalization and uniform laws on the sub- ject of bankruptcies throughout the United States." 87. Naturalization is the act by which the rights and privileges of citizenship are conferred on persons born in other countries. When such a person is naturalized he be- comes a citizen of the United States and of the State in which he resides. The laws under which he is naturalized were enacted by Congress, and are the same for all the States, and hence they constitute the "uniform rule." Under them a foreigner, if "a free white person or an alien of African nativity or a person of African descent," ma}^ make application, signed in his own handwriting, to the clerk of any circuit court of any State or of any district court of the United States, declaring it is his intention in good faith to become a citizen of the United States; and two * years thereafter he may be admitted to citizenship by any of those courts if at that time he is (1) able to speak the English language, is (2) not a polygamist or (3) an anarchist or opposed to organized government, and (4) has continuously been a resident of the United States for five years and for at least one year of the State in which the court is held. His residence during that time must be proved by the oath of other persons who are citizens, and he must himself under oath renounce forever all allegiance to every other sovereign, and especially to the country from which he came, and pledge himself true allegiance to bear to the United States. If he meets these conditions, and a few others of less importance, he is admitted to citizenship, and thereafter has all the NATURALIZATION AND BANKRUPTCIES. Ill privileges and protection that the law extends to other citi- zens, and his wife and children who are at the time under the age of twenty-one years, if at the time of his naturalization they are dwelling in the United States, also by his naturaliza- tion become citizens. 88. Intention and Perfection. — The application to be- come a citizen is popularly described as "taking out the first papers." In the law it is denominated the applicant's "declaration of intention." It does not admit him to citi- zenship. He must wait for at least two years before he can be naturalized, and may wait for seven years, and in no event can he be naturalized until he has resided five years in this country. If after he has filed his declaration of intention he dies before he has been admitted to citizenship, his widow and minor children may be naturalized without filing any further declaration. He may make his application at any time after he is eighteen years of age. He may make his application in one State, and be finally naturalized in another. And at the time of his naturalization the court, upon his request, may change his name. No person can be naturalized until after his petition for naturalization has remained on file with the court for ninety days, nor can he be naturalized within thirty days preceding any general election. 89. Who May Become Citizens. — The law of Con- gress is that "aliens being free white persons and aliens of African nativity and persons of African descent" may be nat- uralized. The Fourteenth Amendment to the Constitution says that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." These two provisions fix the limits of citizenship. No Chinaman, no Japanese, nor other Mongolian, unless born in Africa, can he naturalized, because he is neither a free white person nor of African nativity. Free white persons, whether born in Europe, Asia, Africa, South America or elsewhere, may be 112 CIVIL GOVERNMENT OF THE UNITED STATES. naturalized. Persons of African nativity or of African descent may be also, whether they came to us directly from Africa or from the isles of the sea or Canada or elsewhere. But the yellow or copper-colored peoples are not permitted to become naturalized; only free white persons, and persons who were born or whose ancestors were born in Africa. This provision in practice confines naturalization to aliens belonging to the white and black races, and shuts out those belonging to the yellow or copper-colored races of Asia and Australia and else- where except Africa. But all persons born in the United States except uncivilized Indians are citizens without naturali- zation. Indians of Oklahoma are citizens, but most other Indians, though born here, are not citizens, because they seem incapable of adopting the pursuits of civilized life, and are the "wards of the nation," in that the Government pro- vides them with food and clothes, and they are therefore permitted to have their own tribal governments, and in most things are not "subject to the jurisdiction of the United States." But Chinese and Japanese and Mexican children born in this country, whether their parents were naturalized or not, are citizens, if such parents were permanent residents here. And persons actually born outside the limits of the United States are considered to have been "born in the United States" if their parents were American citizens at the time of their birth and temporarily residing abroad. 90. Citizens and Voters. — It is necessary to distinguish between citizens and voters. The Constitution and the Con- gress of the United States declare who are citizens, but the States say what citizens may vote. Voting is not a natural right; it is a privilege granted by government. No man has a right to vote simply because he is a man, nor simply because he is a citizen; one has that privilege simply because the government says he shall have it. The wives of naturalized or native men are citizens, but in most States they are not voters. Minor children born in the United r NATURALIZATION AND BANKRUPTCIES. 113 States and minor children of naturalized persons born else- where, are citizens, but they are not voters. And in some States men over twenty-one years of age, whether naturalized or natives, are not permitted to vote, because they cannot read, or have not paid taxes, or have been convicted of crime. And in some States "every male person of foreign birth who may have declared his intention to become a citizen, not less than one year nor more than five years before he offers to vote, if twenty-one years of age," may vote without waiting until his naturalization has been perfected. This strange provision, which is a part of the Constitution of Missouri and of some other States, permits persons to vote for four years who are not citizens, and who may never be- come citizens, for all it requires is that the foreign-born man shall have resided in the State one year and one year before the election shall have taken out his first papers, and if he has done that he can vote, not only at that election, but at each subsequent election for the next four years. After that he must perfect his declared intention to become a citizen or cease to vote until he does so. But he is not compelled to perfect that intention; he may reside in this country the rest of his life without becoming a citizen, for until his naturalization is completed he is not a citizen. But let no one despise his citizenship because he cannot vote. The right to vote is not the greatest benefit of citizen- ship; it would amount to nothing if, in spite of its exercise, the government were unjust and weak and tyrannical; it is only a means for holding the government in lines of justice and strength, and for placing competent, just and upright persons in public office and for helping the nation to be serv- iceable to mankind; and while it is the most direct and satisfactory way for accomplishing those beneficent results, it is not the only means. A great benefit of citizenship is that the citizen, whether he can vote or not, can invoke the powers of this Government for his protection anywhere in the c. G.— 8 114 CIVIL GOVERNMENT OF THE UNITED STATES. world. Its primary value, perhaps its chief value, is that it guarantees to him unmolested liberty, the enjoyment of his property, and the right to engage in gainful occupations. He may not have been given the privilege of voting, but he can live in peace, his person may not be violated, he can freely write, freely speak, and freely worship; he can work and enjoy what he produces, he can own land and has the same property rights and other civil rights as does the citizen who votes. To be a citizen of a just government which is strong and wise enough to guarantee to all her citizens their Heaven-born rights to life, liberty and the pursuit of happiness, is of itself a great boon; and the principal reason that citizens should have the privilege of voting is that they may so shape the government that it will unmistakably guarantee those rights to all of them alike. But while all these things are true it should be remembered that the Government, both state and national, belongs to all its citizens alike, and hence it should not deny the privilege of voting to any class of citizens who desire it and will use it intelligently and honestly, for otherwise it may be unfair, and deny to them equality of right and opportunity. 90a. Immigration. — For a long time after the adoption of the Constitution America was spoken of as "the home of the brave and the land of the free;" and all persons, especially those who were fleeing from the tyranny and political op- pressions of the nations of Europe, were welcomed to make their homes here, with few restrictions upon their coming. But in late years many of the immigrants have not been political refugees attracted hither by American liberty, but lawless persons who sought new fields for continuing their criminal careers. Anarchists, who hate all government and bind themselves by secret oaths to destroy it, have come, ignorant paupers, beggars, persons afflicted with dangerous contagious diseases, and adventurers bent on cheating and defrauding, have been brought or sent here, or came of their NATURALIZATION AND BANKRUPTCIES. 115 ^n choice. They came in such large numbers that the peace and safety of our own citizens began to be endangered, and to stop them Congress has enacted rigid immigration laws, and sought through them to put a stop to the coming of all undesirable persons. They absolutely prohibit alien criminals, anarchists, paupers, beggars, persons having any dangerous contagious disease, persons coming under a con- tract to engage in certain employments after their arrival, and Chinese laborers, to enter the United States; and upon all immigrants permitted to enter they fix a ''head tax" of about four dollars each, to create a fund out of which are paid the expenses of preventing those not entitled to enter and of deporting those who have wrongfully gained entrance. The trend of modern legislation is to permit no immigrant to enter the United States who cannot read in some language ; but to apply such a rule to all foreigners alike would be to exclude some persons who flee to us to escape political and religious persecutions abroad — persons who in their own land have been denied education and religious freedom by a tyrannical government and whose only offense has been to resist oppression and to cry out for liberty and equality of right and opportunity — persons to whom it has always been the pride of our people to extend a welcoming hand. It is not the policy of the Government to deny them immigration. So that while the laws exclude most immigrants who cannot read, they usually contain exceptions that permit persons to come who are fleeing from political persecutions, though they can read in no language. Besides, naturalized citizens may send for and bring to this country their aged parents and minor brothers and sisters who cannot read, and usually an immigrant who can read is permitted to bring with him his wife and minor children w^ho cannot. In other words, while the immigration laws prescribe an illiteracy test, it is so modified as not to work oppression or cruelty. 116 CIVIL GOVERNMENT OF THE UNITED STATES. 91. Bankruptcies. — ^A bankrupt is an insolvent debtor, or one about to fail in business because of an inability to pay his debts. The purpose of a bankrupt law is to enable him to be discharged from his debts by turning over to the court all his property to be divided ratably among those he owes. The principle behind such a law is (1) that if a debtor owes a number of debts, all equally just, and cannot pay all, it is not right that all his property be seized to pay the debt of one or two, but that all should have a ratable share in his property; and (2) having failed, and having surrendered all his available property to pay his debts, he should be permitted to begin over again unburdened by his past debts. Such a law, therefore, permits him to go into court and make an exhibit of the property he owns that can be used for paying his debts, and ask the court to turn it into money and divide up the proceeds among all his creditors, giving to each his proportionate share, and, that having been done, that he be discharged from any further payment of such debts, and be permitted to start anew, with all his prior debts cancelled. 92. Kinds. — There are two classes of bankrupts, volun- tary and involuntary. The voluntary bankrupt is any debtor who of his own motion goes into court and prays to be discharged from the payment of his debts. If he shows himself hopelessly in debt, the court will grant his prayer, however small his debts or whatever may be his business. The involuntary bankrupt is the debtor whose creditors force him into bankruptcy. "Any natural person, except a wage-earner or a person engaged chiefly in farming or the tillage of the soil, or any partnership, or any corporation, en- gaged principally in manufacturing, trading, printing, pub- lishing or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt," upon a showing that he has concealed or disposed of his goods in a way to delay or hinder or defraud his creditors. NATURALIZATION AND BANKRUPTCIES. 117 93. How Far Applicable. — Whether the procedure be voluntary or involuntary, the law does not allow the bank- rupt's homestead to be sold to pay his debts, nor his other property which by State laws is exempt from the sheriff's • levy. But there are certain debts which the law does not relieve the bankrupt from paying. He cannot be discharged from paying a debt which originated in fraud, nor one due by him as administrator to the heirs of a deceased person, nor one due by him for taxes, nor one due by him for money placed in his hands to be held by him as trustee for the use and benefit of others, but which he has lost or squandered. For all these debts he remains liable until they are paid; to permit him to cancel them would be to encourage him by law to be dishonest. 94. History of Bankrupt Laws and Necessity For. — The power given to Congress ''to establish uniform laws on the subject of bankruptcy throughout the United States" is one which Congress has rarely exercised. The first law on the subject was passed in 1800 and repealed three years later; the next in 1841, and repealed within eighteen months; the next, passed in 1867, had a little longer life than its prede- cessors, for it was not repealed for eleven years; the next came in 1898, and is still in force. The first three were un- popular, and for three reasons: first, there was a general be- lief, grounded upon experience, that they were a mere sponge to wipe out indebtedness, not only of honest debtors, but of dishonest ones as well; and that instead of proving of real value to creditors, they encouraged the contracting of debts and lessened the dread of debt; second, the waste and expense of proceedings in bankruptcies, the fees of the commissioners and other officers absorbing much of the fund; third, the confusion and litigation resulting from a conflict of such laws with State laws on the same subject. But the law of 1898 has so far worked with more satisfaction. Under it the proceeding is speedier than under the former ones, nor is it 118 CIVIL GOVERNMENT OF THE UNITED STATES. so expensive and wasteful. Besides, the necessity for such a law is now more apparent than formerly. Railroads have brought business communities close to each other; trading between citizens of different States is constantly increasing. "Uniform laws on the subject" are, therefore, made more and more necessary for easy-working business. But it should also be remembered that Congress has performed its full duty in the matter when its laws result in such uniformity. It should exercise this power only when it is clearly necessary for peaceful and prosperous commerce among the States. Unless the laws of the various States are in hopeless and hurt- ful confusion, there is no necessity for Congress ''to establish uniform laws on the subject of bankruptcies." Questions on Chapter X. 1. What does the Constitution say -of naturalization and bank- ruptcies? (86) 2. What is naturalization? (87) 3. By whom were naturalization laws enacted? (87) 4. Who may be naturalized? (87) 5. How? (87) 6. What must he renounce and pledge? (87) 7. What does he gain by being naturalized? (87) 8. By his naturalization do his wife and children become citizens? (87) 9. How is the application usually described? (88) 10. Does it admit the applicant to citizenship? (88) 11. When may he become a citizen? (88) 12. What is said about the place of naturalization? (88) 13. The change of the applicant's name? (88) 14. Can you give a reason for requiring him to keep his petition on file for ninety days? And why should he not be naturalized within 30 days preceding an election? 15. What two provisions fix the limits of citizenship? (89) 16. What persons may and what may not be naturalized? (89) 17. What persons born in the United States are citizens? (89) 18. Distinguish between citizens and voters? (90) 19. Are the laws as to the right to vote uniform? (90) Why? (90) I THE POST OFFICE. 119 20. Discuss a strange provision in Missouri Constitution. (90) 21. What may a citizen do, and what rights claim, though not a voter? (90) 22. Do you think anyone should be given the right to vote who cannot or will not intelligently and honestly vote? 23. Who were formerly permitted to immigrate to America? (90a) 24. Why was it necessary to restrict these privileges? (90a) 25. Whom do the laws now exclude? (90a) 26. What is a head tax? (90a) 27. What is the trend of legislation as to illiteracy? (90a) 28. Are there exceptions? (90a) 29. What is a bankrupt? (91) 30. What is the purpose of bankrupt laws? (91) 31. What is the principle behind such laws? (91) 32. What does such a law permit the bankrupt to do? (91) 33. Discuss a voluntary and an involuntary bankrupt? (92) 34. Can the homestead and other exemptions be sold to pay the bankrupt's debts? (93) 35. Read the history of bankrupt laws. (94) ^ CHAPTER XI. THE POST OFFICE. 95. Postal Department. — The Constitution gives Con- gress power "to establish post offices and post- roads." The exercise of this power has been one of the strong forces in unifying and assimilating the American people. A uniform system of speedily carrying letters, papers, magazines, books and other small articles to every part of our country and to foreign lands, at small cost, has been patiently worked out, and as a result of this means for the general diffusion of in- telligence, not only has commerce and every kind of industry been quickened and facilitated, but the printing of news- papers, magazines and books has become profitable and a reading habit encouraged, so that the people have come more and more to know and understand each other, to have their sectional prejudices dissipated, to take a more intelli- gent and brotherly interest in each other's welfare, and to 120 CIVIL GOVERNMENT OF THE UNITED STATES. become more and more alike in their social customs and in their religious and political views. So we may say that the postal system has been a powerful agency in solidifying the American people into a homogeneous and enlightened nation. 96. Post Routes. — Under this clause of the Constitution the Government could build post-roads of its own and hold them for its exclusive use; but it has rarely undertaken to do that, and for two reasons: First, it has generally been ad- mitted, from the time the Constitution was framed, that it was not intended by this clause to give Congress power to build post-roads at will, but only such as an efficient postal system clearly requires. Second, the public roads established under State law, and the railroads and boat and ship lines owned by private persons, afford sufficient ways, at much less expense, of supplying every community with mails, and therefore post-roads built and owned by the Government are unnecessary. Mails can be carried on trains, boats and hacks that carry passengers. It would be very expensive for the Government to build and own railroads and boats and rock roads for the sole purpose of carrying the mails, and if it undertook to lessen the expense by carrying passengers and commodities it would thereby enter into competition with private citizens engaged in a like business — a thing it is generally agreed a popular government cannot justly do. The Congress has, therefore, by a general law, declared that all railroads, all navigable rivers and other waters of the United States, all canals, all pike and toll roads and all public roads, are post-roads, and then authorized the Postmaster-General, who is the chief officer of the Postal Department, "to establish post offices at all such places on post-roads as he shall deem expedient," and to contract for the carrying of the mails along such post-roads. He contracts with railroads, steam- boats and ships, and the owners of hacks and horses, to carry the mails at regular intervals, each day or each week. The Government furnishes bags and pouches in which the mails I THE POST OFFICE. 121 are carried, and charges all senders of mail the same rates for carrying their letters and packages. It appoints a postmaster for each post office, and furnishes him as many assistants as he needs for collecting, forwarding and delivering the mails, and pays him and them for their services. In the larger cities, and more and more in the smaller ones, it builds and owns its own post offices, but in other places it rents private buildings for offices. In late years. Congress is being urged to assist in building permanent roads along which the mails are carried. Public roads are public highways, owned by no one, but established for the use of the public, and on which every one, including a mail carrier, has a right to travel. The Government cannot rent them, neither can any other person, yet it uses many of them in carrying the mails, and they can be carried more swiftly, cheaply and frequently if the roads are smooth, solid and permanent. To construct such roads costs much money, and there is a growing sentiment that the costs of their con- struction should be borne in part by the Government. The Congress has power, if it desires, to appropriate money to such a purpose, for the power given it by the Constitution "to es- tablish post offices and post roads" authorizes it to build its own post roads, or to aid with money the State or local com- munities to build the public roads along which the mails are carried. And as a matter of fact. Congress in 1916 ap- propriated seventy-five million dollars to be divided ratably among the States and used within the next five years in con- structing and improving public roads, in co-operation with the State or local communities, which, in order to obtain aid from the fund, must spend an equal amount on the roads designated for improvement. 97. Classes of Mail Matter. — All mailable matter has by law been divided into four classes: first, written matter, such as letters and postal cards, whether written by pen or typewriter, on which the postal rate for letters is two cents 122 CIVIL GOVERNMENT OF THE UNITED STATES. for each ounce in weight or fraction thereof, and one cent for each postal card or post card; second, periodical publications, such as newspapers and magazines, for which the carrying charges are one cent a pound when sent by the publisher; third, miscellaneous printed matter, such as pamphlets and circulars, and newspapers and magazines sent by others than the publisher, in unsealed packages, for which the postal rate is one cent for each two ounces; and, fourth, books, merchandise, products of farm and factory, and all other articles classed as domestic parcels post, for which the rates vary according to the weight of the parcel and the distance it is to be carried. The rate for carrying an article weighing less than four ounces, any distance within this country, is one cent an ounce, unless it be a book, and if a book weighing less than eight ounces the rate is one cent for each two ounces. The rates for all other parcels are pound rates, and vary from five cents for carrying a parcel weighing one pound fifty miles, to 54 cents for carrying one weighing 50 pounds 150 miles and S2.40 for carrying one weighing 20 pounds 1800 miles or more. The postal charges for carrying second class matter must be paid in money; for all other classes they are paid by at- taching stamps bought from the Government. The rates for the first three classes are uniform throughout the United States, and are the same whether the posted article is to be carried to the next town or to the furthest postoffice in this country, or to Alaska, Hawaii, the Philippine Islands, Porto Rico, or other island possessions of the United States; and for parcels of the fourth class, the rates vary only as to dis- tances, the greater the distance they are to be carried the larger the rates. All rates are, of course, subject to be changed at any time by act of Congress. 98. Classes of Postmasters. — Postmasters are also divided into four classes. The first class embraces those whose annual salaries are three thousand dollars or more ; the second THE POST OFFICE. 123 class, all those whose salaries are less than three thousand, but greater than two thousand; the third class, all those whose salaries are less than two thousand, but not less than one thousand; and the fourth class, which includes far inore than all the others, embraces all those whose annual compensation is less than one thousand dollars. All post- masters of the first, second and third class are appointed by the President, with the consent of the Senate, and hence their offices are called ''presidential post offices;" all post- masters of the fourth class are appointed by the Postmaster- General, or one of his numerous assistants, and need not be confirmed by the Senate. All postmasters are appointed for a term of four years, and may be sooner removed for cause. Of late years the Civil Service regulations have been extended to fourth class postmasters, in pursuance to which all applicants for appointment to any fourth class office must submit to the same examination, and then one of the three obtaining the highest grades is appointed; and the examina- tion is open to members of all political parties, including the existing postmaster. The result is that these postmasters are no longer chosen because of their political influence or their services to their parties, but from among those whom the examination shows to be best qualified to perform the duties of the office. It may even occur that the one appointed may belong to a different political party from that of the President, for no one of the three who stand the best examina- tion may belong to his party ; but if any one of the three does, there is nothing in the regulation that prevents that one from being appointed. The Civil Service regulations do not apply to the appoint- ment of a postmaster to a presidential post office; the appli- cants for appointment to such an office are not required to submit to an examination, but the President may appoint whomsoever he wishes. But those regulations do apply to nearly all the numerous assistants in such an office; and their 124 CIVIL GOVERNMENT OF THE UNITED STATES. official tenure is not limited to four years, but they are usually permitted to hold their positions during good behavior and so long as they render efficient service. And the Presi- dent's choice must receive the approval of the Senate before he can become postmaster of a presidential office. 99. Free Delivery. — For the purpose of speedily getting the mails to the people, letter carriers are employed in every city of fifty thousand population or over, to make free de- livery of the mail at the doors of those to whom it is addressed, as often as the public business may require it, which is usually not less than twice each week day. They may also be em- ployed, and usually are, in every city containing ten thousand inhabitants or at any post office whose gross receipts reach ten thousands dollars a year; and this free delivery service is now gradually being extended to all post offices of the sec- ond and third class. These carriers wear a uniform dress pre- scribed by the Postmaster-General, and some of them in the very large cities, and in sparsely settled outlying suburbs, are mounted on horses. Throughout any free delivery city mail boxes are provided where the people may deposit their mails without going to the post office. And a special delivery system has been provided for the prompt delivery of letters on their arrival at a post office. For a special ten-cent stamp attached to the letter in addition to the usual two-cent stamp, or for ten cents* worth of ordinary stamps in addition to the customary postage if the words "Special Delivery" are placed upon the letter, a special mes- senger employed for the purpose will deliver it to the person to whom it is addressed, immediately on its arrival at a city delivery office at any time between seven o'clock in the morning and eleven at night, or on its arrival at any other office at any time between seven in the morning and seven in the evening, or until the arrival of the last mail, provided it arrives before nine o'clock. Any such letter arriving during the night is delivered promptly after seven o'clock THE POST OFFICE. 125 next morning. Provision is also made for spetial delivery of letters to persons residing within one mile of a post office or within one-half mile of a rural route. 100. Rural Free Delivery. — In 1896 Congress appro- priated a small amount of money to be used by the Post- master-General, as an experiment, in extending the system of the free delivery of mail to rural communities. The ex- periment proved attractive to the people, and within a few years what is known as "rural free delivery" had grown so fast that more than one-third of all the country had been laid off into rural delivery routes, and now more than a mil- lion square miles are daily reached by carriers of mail, and all families within that wide territory residing on post-roads receive mail at their front gates, or if they do not reside on such a road, at a box placed at the most convenient place along the road traveled by the carrier; and this delivery system is year by year being extended into every rural com- munity having enough inhabitants to justify the expense. The carrier usually makes one delivery each week day, but in densely populated communities he makes two deliveries per day, and if the roads are good he may travel by auto- mobile. He leaves the usual mail for each family in a separate box placed at its own expense at the most convenient point along the post-road, but special delivery and registered letters he must deliver at the residences of the persons to whom ad- dressed or to them in person. He may also deliver mail to^ persons to whom it is addressed if he meets them along the route and they are known to him, but in a city mail is not deliverable except at residences or places of business. Wherever rural delivery routes are established "star route" post offices, that is, post offices in towns or villages not reached by railroads, are usually abolished, as no longer needed. 101. Registered Letters. — In order that a patron may receive extra protection in the transportation of valuable 126 CIVIL GOVERNMENT OF THE UNITED STATES. mailable matter, he may, at an extra cost of ten cents, have his letter or package registered, and then the postal officials are required to keep and dispatch it in the most secure manner, and to trace it all along its route, and to deliver it only to the person to whom it is addressed or as he may in writing direct, and may take the written receipt of the person to whom it is delivered, and return this to the sender. If the article is lost in transit, the sender may be reimbursed, not to exceed its value, up to fifty dollars. All mailable matter sent from any post office to any part of the United States may be registered, and that sent to most foreign countries may be also. 102. Money Orders. — Each principal post office is authorized to issue and to pay money orders for sums not exceeding one hundred dollars each. This affords a con- venient way of sending small amounts of money to any part of this country or to foreign countries. A person wishing to send money in this way takes it to the postmaster of a money- order office and for a few cents obtains a printed-and -written order for the amount he wishes to send, and then forwards it to the person named therein as payee, and that person can collect the amount at the office on which the order is drawn, and in some cases at any office at which he chooses to present it. 103. The Postal Union.— In 1875, the United States, every nation in Europe, and Egypt agreed upon and put into operation a uniform plan for the transfer and delivery of mail sent, by an inhabitant of any one of those countries to a person in any other of them. The rate for letters to any part of Great Britain or Germany, Canada, Mexico or Panama, is two cents per ounce, and for all other foreign countries is now five cents per ounce, and a letter with that amount of United States postage on it addressed to a person in any of those countries and posted at your post office will, in times of peace, be sent on to its destination just as it would be were THE POST OFFICE. 127 ^t addressed to a citizen of another State of this Union. The Irate for printed matter is one cent for two ounces. This international postal system is known as the "Postal Union," [^and now embraces every civilized nation. But in all inter- national mail care must be taken to exclude dutiable articles. The payment of tariff duties cannot be avoided by sending the articles by mail, for if letters or packages are found on exami- nation to contain articles on which our laws have laid an impost, that duty must be paid before the articles will be delivered. 103a. The Parcels Post.— Until recently the Post Office ^as used almost exclusively for transmitting things written |pr printed, such as letters, newspapers, magazines and books. |lf other things, such as small articles of merchandise, were irried, they had to bear the same amount of stamps as a letter or printed matter of like weight required; and that was too expensive, and the result was that very few of such articles were transmitted as mail. But in August, 1912, the Congress made provision for the transportation of all other articles, including products of factory or farm, except things harmful or quickly perishable. Articles weighing as much as fifty pounds may be sent as parcels-post to any point within one hundred and fifty miles of the post office from which sent, and articles weighing not to exceed twenty pounds to a more distant point, provided they do not exceed seventy- two inches in length and girth. For instance, if an article is 36 inches long, 10 inches wide and 8 inches thick, it would have a combined length and girth of 72 inches. The parcels- post system affords a method of transporting articles that is at once cheap, quick and safe, especially if they weigh only one or two pounds and are to be sent more than one thousand miles or to a point within the first zone of fifty miles; and yet the department has so far proved self-supporting. As the people become better acquainted with the rates and the uses to which it can be put, it will prove of constantly increasing benefit to persons of small means, placing many desirable 128 CIVIL GOVERNMENT OF THE UNITED STATES. things within their reach and decreasing the cost to them of many of Hfe's necessaries; and in that respect it is one of the Government's most beneficent undertakings, for a govern- ment is rendering its finest service when it adds to the home comforts and lessens the burdens of the people who toil. 103b. The Postal Savings System is in reality a limited banking system connected with the Post Office. Any person over ten years of age may deposit a small amount of money at almost any large post office, and if he permits it to remain there one year or longer, he receives two per cent interest on it. He can withdraw it at any time, and "the faith of the United States is solemnly pledged" that he shall have it when- ever he demands it ; but if he withdraws it before the expiration of one year after it was deposited, he receives no interest. The money is in turn deposited by the office receiving it in strong banks in the community or close by, and they pay the Government two and one-half per cent interest for the time they keep it, and it may be withdrawn from them by the Government at any time. The system was first inaugurated in 1911, and has proven an actual success. Nearly all deposi- tors are foreign-born wage-earners, who are not acquainted with the banks in the communities in which they labor, and for that reason would keep their savings concealed about their premises or carry them upon their persons were it not for this system ; but they do have confidence in the Govern- ment, and this system was provided in order that they, and other persons who have money which they do not wish to invest, might have a safe place of their own preference in which to deposit their money, and in order that it might after being deposited be turned into the channels of active business and do the work for which money was designed. The amount of such deposits had grown to more than seventy-five million dollars within six years after the system was installed, and the number of depositors was more than six hundred thousand, most of them residing in the very large cities or in mining THE POST OFFICE. 129 communities, and the Government had never lost one dollar deposited by it in any bank. 104. Growth of the Post Office.— The Post Office existed in this country from the earliest settlement, but its development during the Colonial days was slow. Slowly it was extended between the colonies along the Atlantic coast, but not till 1672 was there "a post to go monthly from New York to Boston." As late as 1760 Benjamin Franklin startled the people by proposing "to run a stage wagon to carry the mail from Philadelphia to Boston, once a week." One of the earliest acts of the Continental Congress was the appoint- ment of Franklin "to organize a post office and post routes from Falmouth, Maine, to Savannah, Georgia, for conveying intelligence and letters throughout this continent," and to spread knowledge of the progress of the Revolution among the different colonies, and we are told by the great historian, Bancroft, that "he thus came to be known as the first post- master-general." Prior to that time newspapers were mostly printed by the postmasters of the several cities, and their papers had not only been sent free, but all others were ex- cluded from the mails. Franklin was the first to give equal privileges to all publishers. But because of the hard days that followed the Revolution, the postal system was so slowly developed that no Postmaster-General was provided under the new Constitution until 1792, and in 1790 there were only 75 post offices in the whole United States, and the entire cost of the system that year was only $37,935. Now there are about fifty-six thousand post offices, and the whole number of postmasters, clerks and carriers is more than three hundred thousand; the whole number of letters and postal cards carried each year is about ten billions, besides almost an equal number of pieces of "other mailable matter, and the annual cost of the department is about three hundred million dollars; and yet this immense cost is almost met by the sale of stamps and by other postal receipts. The transportation 130 CIVIL GOVERNMENT OF THE UNITED STATES. of mails by railroads has largely supplanted the mail hack and the slow processes of former times. The Government now requires the mails to be carried on theiastest trains, and a letter can be sent from Maine to California in less time and at less cost than one could have been sent from the eastern to the western border of your State seventy years ago. Questions on Chapter XI. 1. What powers has Congress over postal matters? (95) 2. What effect has the exercise of this power had? How? (95) 3. Could the Government build post roads of its own? (96) 4. Why has it not done so? The first reason? The second? (96) 5. What has Congress done instead? (96) 6. Give some of the details of postal contracts and the postal system? (96) 7. Discuss aid by Congress of road building? (96) 8. How many classes of mailable matter? What does the first include and what are the rates? The second? The third? The fourth? (97) 9. How uniform are these rates? (97) 10. Read what is said about classes of postmasters. (98) ""11. How far has Civil Service regulations been extended to fourth class postmasters? And to presidential postofiftces? (98) 12. What is said about free delivery? (99) 13. Discuss special delivery. (99) 14. Discuss rural free delivery. (100) 15. What is the benefit of registering letters? (101) 16. What is said about postal money orders? (102) 17. About the Postal Union? (103) 18. Discuss the parcels-post. (103a) 19. Discuss the Postal Savings System. (103b) 20. Describe the growth of the Post Office. (104) WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 131 CHAPTER XII. WAR, INSURRECTION, ARMIES, NAVY AND MILITIA. 105. War. — Congress is also vested with the extra- ordinary power "to declare war." War has been among the worst scourges of mankind. [t should ever be viewed with horror. "In its best estate, it never fails to impose upon the people the most burdensome taxes and bitter personal sufferings. It always involves the prosperity, and frequently the very existence, of the nation. In a republic, which is necessarily founded on peace, it some- times proves fatal to public liberty itself, by arousing among the people a fondness for military glory which induces them to readily follow wherever a successful commander will lead." It lays hold of the strongest young men, and sends them forth to ruthless slaughter. It imposes the severest burdens and hardships upon parents at home, and fills the land with orphans, cripples and sorrowing widows. It arouses hate, hardens the heart, and leads soldiers on to commit and citizens to approve the most brutal atrocities. It demoralizes business, cripples peaceable pursuits, closes schools, and puts a stop to humane efforts to relieve the unfortunate and better the condi- tions of the toiler. It is the opportunity' of the demagogue, the exploiter, the robber, the hypocrite and the despoiler of homes. It substitutes anger for reason, insolence for good manners, hate for friendliness, conquest for peaceable endeavor, brutal force for honest commerce, and heathenism for civili- zation. It lays a restraining hand on freedom of the press and freedom of speech, and often on freedom of religion, and in other ways turns the government into a tyrant. It can never be justified except as the only means of putting an end to unbearable wrongs. Horrible as it is, the framers of our Constitution realized 132 CIVIL GOVERNMENT OF THE UNITED STATES. that occasions might arise when the Government, for its own preservation or as the only means of upholding the nation's honor, might be compelled to resort to it. Our people have come more and more to love peace and peaceable industry. They desire to be friendly with all the peoples of the earth. As the great George Washington said in his Farewell Address to them, they desire "to observe good faith and justice towards all nations" and to "maintain a magnanimous example of a people always guided by an exalted justice and benevolence." They do not want to conquer other nations or to take their territory by force. They think that by education, by peace- able industry, by honest commerce, is the best way to estab- lish prosperity at home and to render the largest service to other peoples. But as we grow prosperous, other nations grow envious and desirous of more territory and a larger commerce and a larger influence in the world's affairs, and their heathenish kings and military autocrats, with characteristic royal ignor- ance, seize upon a war of conquest as the only means of obtain- ing an outlet for the energies of their people and an opportunity to grow rich. It sometimes comes about that the more peace- able and less inclined to war a nation is the more it is scoffed and scorned and insulted By other peoples. They mistake patience for cowardice, and peaceable pursuits for avarice; they despoil our citizens of their commerce, interfere with their free right to the high seas, seize their property, and even recklessly take the lives of those who do not submit to their aggressions; and when protest is made by our Government, they answer with insolence and increase their offenses. These things bring about conditions that are unbearable, and if persisted in lead to war. The Constitution, which is based on the principle that all authority in a republic is derived from the people, vested the power to declare war, not in the President or the Army or the Navy, or in all combined, but in the immediate repre- sentatives of the people, who in the end must bear its burdens. WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 133 Congress alone can declare war, but once declared, Congress has no more to do with it than to furnish men and means to carry it on. The actual work of carrying it on then becomes the duty of the executive department of the Government. The raising and equipment of troops, the buying or making of guns and munitions, the appointing of generals and officers,' the planning of campaigns and the fighting of battles, are to be done by the President and those to whom he shall assign these duties. 106. Armies. — Congress has power "to raise and support armies," provide for their organization and appropriate money to maintain them. The President is the commander-in-chief of the Army, in war or peace, and its organization, equipment, movements and control are conducted through the Depart- ment of War, the chief officer of which is the Secretary of War. All able-bodied male citizens between the ages of eighteen and forty-five years "constitute the national forces" and, with the exception of a few specifically exempt because of their occupations or religious beliefs, are "liable to perform military duty in the service of the United States." Male citizens of that age are said to be of military age. They may never be called upon to perform military duty, but they are liable to be when Congress has need of them. In 1916 after all the great nations of Europe had been in a great war for nearly two years and our own peace was being constantly imperiled. Congress made provision for large increases in the size and strength of all the defensive forces of the nation. The army now consists of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as may be authorized by Congress. 107. The Regular Army. — "The Regular Army is a permanent military establishment, maintained in both peace and war." It has been maintained in some size almost from 134 CIVIL GOVERNMENT OF THE UNITED STATES. the foundation of the Government. At first it was used to put down Indian uprisings, which frequently occurred sudden- ly. Then as the country grew more thickly populated and turbulent persons multiplied, it was considered necessary to have a well drilled, organized and equipped force ready and able to quickly quell disorders. and preserve peace. Now it is used almost entirely in the Philippine Islands, Hawaii, Alaska, Porto Rico, the Panama Canal zone, and along the Mexican border and other places where order is not firmly established, to quickly put down sudden uprisings, and more especially to ward off invasions of our own land. Between the Mexican and Civil wars the army consisted of between 4,000 and 6,000 privates and officers. As the troubles of the Civil War quieted, its size was fixed at 30,000 men, but soon afterwards was reduced to 25,000, and remained about that size until the outbreak of the war with Spain in 1898. At the close of that war, the Philippine Islands and Porto Rico w^ere added as "island possessions" of the United States, and on February 2, 1901, Congress declared that "the total enlisted force shall not at any time exceed one hundred thousand men;" and under its provisions the Regular Army for the next fifteen years varied from about sixty-two thousand to eighty thousand men and officers, of whom five thousand or more were in the Philippine Islands. In 1916 Congress declared that the total enlisted force of the Regular Army in line of duty should not at any one time, except in the event of actual or threatened war or similar emergency, exceed one hundred and seventy-five thousand men; and provided that in order to bring it up to that number one-fifth of the total increase should be added each year for five years. Soldiers are divided into three kinds, cavalry, artillery and infantry. Cavalry are mounted on horses, artillery use field guns and howitzers (cannon), and infantry are foot soldiers who fight with rifles and machine guns; and in the Regular Army there are 64 regiments of infantry, 25 of cavalry, and 21 of field artillery, besides the Coast Artillery Corps. WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 135 For systematic management the mobile army is organ- ized into divisions, brigades, regiments, battalions and com- panies. The unit of organization is a regiment, which is commanded by a colonel. Each regiment of infantry consists of one colonel, one lieutenant colonel, three majors, fifteen captains, sixteen first lieutenants, fifteen second lieutenants, one chaplain, and one headquarters Company, one machine gun company, one supply company and twelve infantry companies organized into three battalions. Each battalion consists of one major, one first lieutenant (mounted) and four companies. Each infantry company in the battalion consists of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, six ser- geants, eleven corporals, two cooks, two buglers, one mechanic, nineteen privates (first class), and fifty-six privates — or 103 officers and men. A headquarters company consists of 59 men; a machine gun company, of 67; and a supply com- pany, of thirteen officers, and one wagoner for each wagon in the field train. A regiment of infantry, therefore, is composed of not less than 1383 officers and privates; and the President in his dis- cretion may increase its size to about 2000 officers and privates. A regiment of cavalry has the same number of companies (including a machine gun troop) and about the same officers as a regiment of infantry, though a less number of privates. Its twelve field companies or troops are organized into three squadrons of four troops each, each squadron being com- manded by a major. The artillery is divided into two branches, Field Artillery and the Coast Artillery Corps. The Field Artillery consists of 126 batteries organized into twenty-one regiments. A regiment has about the same officers as a regiment of infantry, but it is not divided into battalions, 136 CIVIL GOVERNMENT OF THE UNITED STATES. nor does it have companies, but instead of companies it has batteries, each of which has about the same officers as a company of infantry, but eighteen more privates. The Coast Artillery Corps consists of over thirty-two thousand men. They are not organized into regiments or companies, but stationed at forts along the coast, in such numbers as may be needed at each, for the purpose of protecting an exposed city or warding off the landing of enemy troops at strategic points. They are supplied with guns of every calibre — some of them capable of firing shells fifteen inches in diameter a distance of fifteen miles or more. Infantry, cavalry and field artillery are organized into brigades of three regiments each, and the brigades are organ- ized into divisions. An infantry division consists of three brigades of infantry, one of field artillery, and one regiment of cavalry, a regiment of engineers, an aero (or aviation or air-ship) squadron, an ammunition traiti, a supply train and a sanitary (or hospital) train. Two or more divisions may be united, and then are known as a corps. The commander of a division is a major general; of a brigade, a brigadier general; of a regiment, a colonel; of a battalion, a major; and of a company, a captain. When an ofificer dies or is retired, the vacancy is filled by the promotion of an officer from the next rank below his. For instance, if a major were to die or retire or be promoted, a captain would be promoted to the rank of major, and a first lieutenant would be promoted to take the place vacated by the captain's promotion. The higher officers are educated at the United States Military Academy at West Point, New York, and after com- pleting a four-year course of training and study are graduated with the rank of second-lieutenant. Before graduation they are known as cadets, and are selected in about equal numbers from each Congressional district, and a small number from each State at large. While at the Academy they are paid WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 137 $600 a year, with which to buy clothing and pay their other necessary expenses. Privates and inferior officers are recruited by voluntary enlistments throughout the land. Every second, third and fourth class postoffice is a recruiting office. All enlistments are for a term of seven years, of which the first three are in the active service, and the other four in the Regular Army Reserve. During the three years of active service the enlisted men are given opportunity to receive instruction in industrial, com- mercial and general business occupations, so that upon the termination of their enlistments they may return to civil life better equipped for its pursuits. jfe Privates receive fifteen dollars a month while in active ■ service, and in addition clothes, rations, guns and other things necessary for their support. Other enlisted men (or inferior officers) receive, in addition to these things, from twenty-one dollars a month for a corporal to forty-five dollars for a first sergeant. 108. The Regular Army Reserve. — The suddenness with which almost the whole of Europe was convulsed with war in 1914 created in this country a demand for reserve soldiers, who, already trained, could be quickly mobilized, in case of emergency, to resist an invasion by any foreign nation. Out of this demand grew the act of Congress creating the Regular K Army Reserve. It was designed to train and equip a large force of private citizens who would be prepared for actual service in the event of war. It consists (1 ) of enlisted men who have served three of their seven years' enlistment, and (2) : ,of all other able-bodied soldiers under forty-five years of age who have fulfilled the full time of their enlistments in the Regular Army and been discharged. It also consists (3) of the Enlisted Reserve Corps, com- posed of such a number of men as the President may desig- nate, who enlist for a period of four years, and for periods of fifteen days in each year receive from officers of the Regular 138 CIVIL GOVERNMENT OF THE UNITED STATES. Army and other officers, military instruction and training at training camps, during which time they receive the pay of soldiers of like grade in the army, and their traveling expenses. They also receive twenty-four dollars a year during the four years they continue to be reserves, and if called for service in actual war they receive, in addition to the pay of regular soldiers of their rank, three dollars a month for all the time they were in reserve duty. It also consists (4) of the Officers* Reserve Corps, com- posed of officers of all grades up to that of major, appointed for periods of five years for the purpose of securing a reserve of officers available for service whenever needed. For fifteen days each year they are ordered to duty with troops or at field exercises, or for instruction in army regulations, and during that time receive the pay of officers of corresponding rank in the Regular Army. For their education officers of the Regular Army are detailed to universities, colleges and other schools which have made instruction in military science a part of their course of study. Those students who have completed an approved course of collegiate study, and the prescribed military training, which must be equal to five hours per week for at least two years, and have agreed to take one or more periods of six weeks each in camp training, are eligible for appointment to the Officers' Reserve Corps, with the rank of second-lieutenant ; but the total number of reserve officers so appointed cannot exceed fifty thousand. All reserve officers and enlisted men are liable to be summoned for actual service in times of threatened or actual war, and when so mobilized they become a part of the Regular Army. 109. The National Guard. — Congress has power "to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 139 of training the militia according to the discipline prescribed by Congress." In each State there is a military organization called "the militia" or "National Guard." Its officers are appointed by the Governor, and it is organized and trained according to rules prescribed by Congress. It is composed of young men who voluntarily join for the purpose of receiving military training, and of being prepared to defend the State or nation whenever needed. A company may be organized in any part of the State where a sufficient number of men of military age to form a company voluntarily enlist. The Government supplies them with uniforms, guns, camp equipage and other military supplies. They assemble for drill and instruction by their own officers for periods of not less 'than one and one- half hours forty-eight times a year for three years, and in addition are annually trained in camps for not less than fifteen days, by officers of the National Guard and officers of the Regular Army. For the three years engaged in the assembly drill they receive one-fourth the pay of soldiers of like grade in the army, and officers receive from S200 a year for a second- lieutenant to $500 for a captain — all paid by the Government. The National Guard has been extensively nationalized in recent years. Each State still has the right to use its own Guard in times of peace, but Congress now requires each member of it to take an oath to obey the orders of the President as well as of the Governor, and to enlist for a period of three years in service and three years in reser\^e; officers may be removed for lack of moral character, capacity or general fitness, and cannot be appointed unless they meet such tests of qualification as the President may prescribe, and the number of enlisted men must not be less than 200 for each Senator and Representative to which a State is entitled, and must be increased until it reaches 800, so that the entire National Guard at full strength will be about 425,000 men, and Missouri's full quota is 14,400. 140 CIVIL GOVERNMENT OF THE UNITED STATES. The National Guard is for the most part infantry, but there is provision also for cavalry, artillery and a naval militia. The whole, or any part of it, may be called into the national service in time of threatened or actual war, and when that is done it becomes a part of the Regular Army and subject to orders from its commanders. But in ordinary times it is a separate organization in each State, maintained for the purpose of suppressing uprisings, which are too violent and wide-spread to be put down by the ordinary peace officers of a county or city. It can be increased to a larger size than the laws of Congress prescribe; in fact, in case of an insurrection or a powerful uprising of disorderly persons, the Governor could compel every able-bodied male citizen between the ages of eighteen and forty-five years, except judges, civil officers and persons whose religion forbids them to bear arms, to enroll in the National Guard and do his part in restoring order and preserving the authority of the State government. Not only that, but another clause of the Constitution (Art. 4, sec. 4) provides that the United States shall protect each State "against invasion, and, on the application of the Legislature or of the Executive (when the Legislature cannot be convened), against domestic violence;" and hence if the National Guard is not strong enough to suppress violence within the State, the Governor or Legis- lature could apply to the President for help, and he would send the Regular Army to restore order. So we see from these clauses how highly the framers of the Constitution valued public order and the preservation of authority and, govern- ment, for under them the Governor could call to his aid, not only all the powers of the State, but the whole armed authority of the United States, if it were needed to suppress domestic violence. 110. The Volunteer Army. — ^When a war is declared by Congress, it authorizes the President to organize a Voluntary Army of a designated number of men and to equip them for WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 141 army service. The President then calls on each State to furnish its share, apportioned according to population. If the voluntary enlistments do not provide the State's share, Congress may direct a conscription, called during the Civil War a "draft." Then all men of military age are enrolled for army duty, and certain ones of them are chosen by lot and compelled to become soldiers or hire substitutes. The five wars this country has had were largely fought by volunteers from farms and shops, and their conduct has proved that volunteers can be quickly trained, and when trained become the best soldiers, because the most intelligent and patriotic. When the great Civil War ended there were a million of such soldiers in arms, and the fact that they then peaceably submitted to disbandment and quietly returned to their homes and took up again the pursuits of civil life is proof that this is not a warlike country and an earnest that our Government will continue to be a republic. 111. The Navy. — ^The Congress is given the power to "provide and maintain a navy." The Navy is supposed to be necessary to protect com- merce, deter other nations from attacking our coast cities and from seizing our trading ships, and to quickly protect any citizen who may be lawfully journeying to or sojourning in another land. It is argued that a strong navy gives confidence to foreign trade, enforces respect for our country and its authority, and actually prevents war, by deterring warships of other nations from committing acts of aggression against our ships or any of our citizens; and in that belief Congress is constantly enlarging and improving the Navy. In times of war, a navy fights the enemy at sea, and may shell the coast cities of the enemy nation and maintain a blockade, by which ships of any kind and of any nation are prevented from entering or leaving any such enemy city. The Navy consists of battleships, armoured cruisers, steel-protected cruisers, double-turret monitors, steel gun- 142 CIVIL GOVERNMENT OF THg UNITED STATES. boats, torpedo destroyers, submarine torpedo boats, and numerous other war vessels — more than 250 in all. The battleships are the largest warships. The newest ones cost twelve million dollars each, weight twenty-seven thousand tons or more, carry ten fourteen-inch or eight fifteen-inch guns, twelve or more eight-inch or six-inch guns, four under-water torpedo tubes, and many other smaller or rapid-fire guns, and are manned by eight hundred to twelve hundred men. They are usually named for the States, thus, "The Pennsylvania," "The Arizona." The armored cruisers are little less powerful, though their armament consists of smaller guns. They are protected by belts of steel, five or six inches thick, extending five feet below water line and to the upper deck. They are named for the large cities, thus, "The St. Louis," "The Philadelphia." These vessels travel all over the world, and visit any waters where the President may think American citizens or interests may be helped or protected by their presence. The number of men by which the Navy is manned varies with the warlike conditions of the world, but in 1916 it con- sisted of about 4,000 officers, 54,000 enlisted men and 1135 midshipmen. But in that year Congress made provision for its gradual increase in both men and vessels. The Navy has a reserve, just as does the Army. By the same act Congress made provision for a large Naval Reserve Force. It consists of citizens who obligate themselves to serve the navy in time of war or during the existence of a national emergency, and who enroll for the purpose of being trained and prepared to do efficient service whenever the President declares such an emergency exists. They enroll for terms of four years, and are given a rank or grade in ac- cordance with their qualifications as determined by an ex- amination, and are thereupon assigned to active duty in the Navy for such periods of instruction and training as may be necessary to qualify them for service in that rank or grade ; and having taken that instruction,' they go back into private WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 143 life, but subject at any time, upon the summons of the Presi- dent, to return for service. The minimum training required of enlisted men to qualify for active service is three months. During the time of their training they receive twelve dollars a month, their clothing and all needed supplies. Other reserves are enlisted men who have served four full years in the Navy and been honorably discharged; honorably dis- charged naval officers; and men who have been trained to sea-going service and have connected themselves with mer- chant ships of the type known as "naval auxiliaries," which mean ships engaged in carrying supplies for war vessels and navy yards. 112. Navy Organization and Officers. — The commander- in-chief of the Navy is the President, but its affairs are con- ducted through the Navy Department, over which the President appoints a member of his Cabinet, the Secretary of the Navy, who superintends the work done by the Navy, the movement and construction of ships, the enlistment of recruits, the appointment of officers, and the purchase or manufacture of guns, shells and supplies. The chief active officer of the line is the rear-admiral. The classification of vessels and the assignment of officers are made according to rules formulated by the President, but in a general way it may be said that a rear-admiral commands a squadron, that is, a detachment of vessels employed on a particular sea or ocean; that vessels of the first class are commanded by captains, of the second class by commanders, of the third class by lieutenant commanders, and that the class of a ship depends on the number of guns it carries. The active officers of the navy "are educated at the Gov- ernment's expense at the Naval Academy at Annapolis, from students called midshipmen, of whom a few are appointed each year from the whole country at large, and one for each Senator and Representative appointed on their recommenda- tions every two years. 144 CIVIL GOVERNMENT OF THE UNITED STATES. 113. Marine Corps. — ^Attached to the Navy, though not a part of it, is the Marine Corps, consisting of about 6,000 marines and over 200 officers. Marines are sea soldiers; that is, soldiers trained to fight with army rifles and machine guns, and sent along with war vessels to aid them on land in case of an attack upon a city or fort, and also to do duty in forts or garrisons on our own sea coast. 114. Captures. — Congress makes rules determining what is to be done with property or men captured in time of war on land or sea. Among most nations a captured war vessel belongs to the nation capturing it. An enemy trading or passenger ship, if captured, is destroyed, if it cannot be convoyed into port; if it can be so convoyed, it and all property on board belong to the officers and sailors making the capture. That is one kind of piracy that is still tolerated by civilized nations. When a war between two or more nations is declared every other nation has the right to require the merchant ships and war vessels of each of them then lying in its ports, to go to sea within a few days or be interned during the war. This demand the neutral nations must make and enforce, else to permit the ships of the nations at war to remain in their ports, or within the three-mile zone along the coast, would be con- sidered the harboring of enemy vessels and an unfriendly act. For these reasons, in order to avoid capture at sea, the mer- chant ships of a nation which does not have a navy able to protect them, when a war with a nation having a strong navy able to command the sea comes on, intern during the war in the nearest friendly port; that is, they tie up and remain in port until the war is over. Thereby great injury is done to that nation's commerce, and in these facts is to be found one of the strongest arguments for constructing a navy in time of peace — in order to be prepared to protect and maintain in active commerce trading ships when war is declared. Enemy property captured on land does not belong to the men capturing it. They cannot honestly appropriate it to War, insurrection, armies, navies, militia. 145 their own use. If it consists of guns or munitions or horses that can be used in prosecuting the war, they are added to the army stores; if it consists of things that cannot be so used, or of things that cannot be carried away, they are destroyed or sold or abandoned. It is considered dishonor- able for soldiers to appropriate private property to their own use without paying for it, or to needlessly burn houses or barns or cities, though they belong to adherents of the enemy. Soldiers and sailors captured in war, though called "prisoners," are not considered criminals and are not punished as for crimes, but are held in camps or at forts as prisoners of war until peace is declared, or are exchanged for men of like rank captured by the enemy. It is considered brutal to put to death or ill treat prisoners of war captured in battle. But these considerations are not extended to captured spies, or to traitors who have deserted and joined the enemy; among all nations it is deemed proper to put them to death, or subject them to severe punishment. 115. How Supported. — The Army and Navy are sup- ported by money raised by taxation. The cost is now several hundred million dollars annually. The entire cost of the great Civil War was nearly eight billions. But lest a reckless Congress should undertake to commit the next Congress to a war and thus make impotent the voice of the people against it, or lest the army should get beyond the control of the Government, Congress is forbidden to appropriate money to carry on a war or to support an army for a longer time than two years. Of course at the end of that time the incoming Congress can make other ap- propriations for maintaining the army if it considers it neces- sary that the war should go on. The framers of the Con- stitution felt that a great army is always to be dreaded in a republic, and hence this provision is made, so that the soldiers may be disbanded and sent to their homes when the war is over, and so that the war may be ended whenever the people 10 146 CIVIL GOVERNMENT OF THE UNITED STATES. at the elections demand that it be no longer carried on, and so that the size of the army may be reduced in times of peace if that seems wise. 116. Rules and Regulations. — But not only does Con- gress have control over the moneys that go to support the army, but it is given power "to make rules for the govern- ment and regulation of the army and navy." The Army cannot become greater than its creator. Neither can the Navy. Each must itself be subject to the authority of Congress, and that means in the end it must be obedient to the will of the people. Congress not only determines how large the Army and Navy shall be, under what rules they shall be organized and do their work, but how offenses of soldiers and sailors and officers shall be punished, and by a whom, or it can authorize the President to make the rules and regulations by which they are to be governed,, and that is the course usually pursued, and if those regulations do not suit the people their remedy is to elect a Congress that will make different regulations. Thus we see that "the military authority must always be subject to the civil authority," and that means that armies are as much under the authority of law as is a private citizen. 117. Insurrection. — ^The Congress has power "to pro- vide for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasions." This clause of the Constitution is no less important than the one which gives Congress power to declare war. Under it the "Whiskey Insurrection" was put down while Washington was President, and President Lincoln invoked it as the Union's authority for putting down the secession movement at the time of the Civil War. If the people were to resist a decision of the United States courts or the officers of the Union engaged in enforcing its laws, the President, aided by Congress, under this clause could call forth as much of the militia as he deemed necessary. WAR, INSURRECTION. ARMIES. NAVIES, MILITIA. 147 if the usual officers and the Regular Army were not able to enforce order. Thus, while Washington was President, the people of western Pennsylvania resisted the officers who were appointed to collect the excise tax on distilled spirits, and drove the collectors out of their counties. When they were indicted by the Federal court, they resisted the marshal who came to arrest them, and when he came with deputies, they arose to the number of two thousand and forced them to flee for their lives, and armed and arranged themselves into com- panies. Thereupon, under this authority given the Congress "to provide for calling forth the militia to execute the laws of the Union," the President called 15,000 men into the field from four near-by States, put them under the command of Governor Lee of Virginia, and suppressed this uprising in short order. This clause, then, gives the Congress and the President authority to put down uprisings against the laws of the Union and to enforce the judgments of its courts. 118. Separate Authority of State and Nation. — It is necessary to remember that whether the State or the Union first acts in enforcing the law or suppressing public disorder, depends on whether it is the authority of the State or the authority of the Union that is resisted. If the people should resist a law of Congress or defy the authority of a Federal court, the President must act; but if they resist the laws of the Legislature or the authority of a State court, the Gov- ernor or some other State officer must act. In the Whiskey Insurrection we saw that the people resisted the collection of the United States revenue, and when they were indicted for that in a Federal court they resisted the authority of the marshal of that court who tried to arrest them. The marshal then called to his aid some deputies, but they too were over- come. It was not the duty of the Governor of Pennsylvania to step in and aid the marshal in enforcing the decrees of that court, for the uprising was not against the State government, but "the laws of the Union." Therefore, when the marshal 148 CIVIL GOVERNMENT OF THE UNITED STATES. found "combinations too powerful to be suppressed by the ordinary course of judicial proceedings," he called upon the President, who, being without an army, called forth "the militia to execute the laws." In our time, the President, instead of calling forth the militia, would first use so much of the Regular Army as he could readily send to the place of the disturbance, and if that proved insufficient, he would call forth the Regular Army Reserve or the National Guard of the States, or both, and if they too were insufficient then Congress would authorize him to raise a volunteer army. But if the uprising were wholly against the authority of a State court or were in resistance of the authority of a State officer, it would first be the duty of the sheriff to undertake to restore order and arrest the culprits, and if he and his ordinary deputies were not strong enough to do that, then his duty would be to resort to the posse comitatus, that is, to summon the men of his county to aid him, and if they proved insufficient he could call on the Governor, who could send the whole National Guard of the State to his aid, and if that proved insufficient the Governor could enroll all the men in the State liable to military duty, or before he did that, or afterwards, the Legislature or (if it could not be convened) the Governor could call on the President for help, and the President would then send him so much of the Regular Army as might be needed, and if that proved not enough then he could send the National Guard from other States. But sometimes the uprising may be against both State and National authority. Thus a destructive riot along a railroad might be such. In tearing up the tracks and burning cars, the rioters would resist State authority; in stopping- cars which carry mail, they would be resisting National authority. And in such case, the Governor or President or both may suppress them. WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. 149 Questions on Chapter XII. 1. With what extraordinary power is Congress vested? (105) 2. Give some of the evils of war. (105) 3. When and for what reasons may war be waged? (105) 4. Can the President declare war? Who alone can? (105) 5. Who carries it on after it is declared? (105) 6. What are the powers of Congress in reference to armies? (106) 7. Who constitute the national forces? (106) 8. Of what does the army now consist? (106) 9. What is the Regular Army? (107) 10. What is the total enlisted force now required to be? (107) 11. How are soldiers divided? Describe each. How many regi- ments of each in the Regular Army? (107) 12. Into what is the mobile army organized? (107) 13. Can you from what is here said and by counting, show that a regiment of infantry consists of 1383 officers and men? (107) 14. How is artillery divided? Describe the Field Artillery. The Coast Artillery Corps. (107) 15. Describe the organization of brigades and divisions and corps? (107) 16. Who are commanders of the different army units? (107) 17. How. are these officers obtained? (107) 18. How are privates and inferior officers obtained? (107) 19. What is the pay of enlisted men? (107) 20. What is the reason and design for the Regular Army Reserve? (108) 21. Of what does it consist? First? Second? (108) 22. And third, describe the Enlisted Reserve Corps. (108) 23. And fourth, describe the Officers' Reserve Corps? (108) 24. When are reserves liable to army service? (108) 25. What power has Congress over the militia? (109) 26. What is the name of each State's military organization? (109) 27. By whom are its officers appointed, and how is it organized and composed? (109) 28. How is it supplied with guns, etc.? (109) 29. What training and pay do they receive? (109) 30. What is said of the organization of the National Guard and its required size? (109) 31. What is it in ordinary times? (109) 32. In case of great uprisings against State authority who may be enrolled in it? (109) 150 CIVIL GOVERNMENT OF THE UNITED STATES. 33. Of what other forces may the State avail itself in suppressing domestic violence? (109) 34. What is said of a Voluntary Army? (110) 35. Can Congress create a navy? (HI) 36. Why is a navy supposed to be necessary? (Ill) 37. Of what does the Navy consist? (Ill) 38. Describe a battleship. An armored cruiser? (Ill) 39. Discuss the officers and the classification of vessels. (112) 40. What is said of the Marine Corps? (113) 41. What power has Congress in reference to captures? (114) 42. To whom does a captured war vessel belong? (114) 43. What is done with a captured trading or passenger ship? (114) 44. What is said about interning ships in time of war? (114) 45. How does this affect commerce and the need for a strong navy? (114) 46. What is done with enemy property captured on land? (114) 47. Is it right for soldiers to steal or burn private property? (114) 48. How are soldiers and sailors captured in war regarded? (114) 49. How is the Army and Navy supported? (115) 49a. Can one Congress fasten on the people the burden of supporting an army for an indefinite number of years? (115) 49b. Discuss by whose rules the Army and Navy are governed? (116) 50. What further important power has Congress? (117) 51. On what two important occasions was this power invoked? (117) 52. If the people were to resist decisions of Federal Courts or Union officers, what could the President do? (117) 53. Describe how this was done in the Whiskey Rebellion? (117) 54. What authority, then, does this clause give Congress and the President?. (117) 55. Whether the State or Union first acts in suppressing public dis- orders, depends on what? (118) 56. If a law of Congress or the authority of a Federal Court is resisted, who must act? (118) 57. If the laws or authority of a State are resisted, who must act? (118) 58. Give an example. (118) 59. What would the President now do instead of calling forth the militia? (118) 60. Describe the course that would be pursued if the uprising were wholly against the State authority? (118) 61. If the uprising were against both State and National authority who would suppress it? (118) POWERS DENIED TO THE UNITED STATES. 151 CHAPTER XIIL POWERS DENIED TO THE UNITED STATES. 119. Affirmative and Negative Powers. — So far the discussion has been directed towards the powers granted to Congress. The Constitution expressly says that Congress may do certain things; but for fear the Congress or the Gov- ernment, or some of its officers, might attempt to do other things not mentioned, the Constitution went further and specifically mentioned some things that Congress should not do. Some of these are mentioned in Section IX of Article I of the Constitution under the heading, 'Towers Denied to the United States." But they are not all mentioned in that section. Some of them are found in the first ten Amend- ments, proposed at the first session of the First Congress, and ratified by a three-fourths majority of the States as early as December 15, 1791 ; in fact, one or two States ratified those amendments at the same time they ratified the Constitution as first framed. So it is not only important to know what Con- gress may do ; it is also important to know what it maynot do. 119a. Importation of Slaves. — The Constitution (Art. 1, sec. 9, cl. 1) said that Congress should not prior to 1808 prohibit "the migration or importations of such persons as any of the States now existing shall think proper to admit." This meant that Congress could not prohibit the importation of slaves into the United States prior to 1808. It was the first public act by any nation in the world against the then prevalent sin of capturing negroes in Africa, bringing them to the New World and selling them into slavery; and while it did not and was not intended to put an immediate stop to that traffic, yet when the year 1808 had arrived Congress lost no time in prohibiting, by severe penalties, the importa- tion of "such persons" into this country. For some reason 152 CIVIL GOVERNMENT OF THE UNITED STATES. the words slave or negro or "persons of African descent" are not used in this clause, but it has always been admitted that it refers to the African slave-trade. Since slavery has long since been abolished the clause is now only of historical interest, first, as indicating how slavery was then regarded, not only by the framers of the Constitution, but by the States which adopted it, and, secondly, as containing one of the powers denied to Congress. 120. Habeas Corpus. — The Constitution (Art. 1, sec. 9, cl. 2) says that "the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it." The words habeas corpus are Latin words, which mean, "Have you the body," and the writ of habeas corpus is a summons directed to a sheriff, marshal or other officer com- manding him to have the body of the accused person before the court forthwith, and to show by what authority he de- prives him of his liberty. When the officer makes return to that writ the court puts aside all other business and proceeds at once to determine whether or not the accused is being legally held, and if he is not he is discharged. In former times men were arrested on suspicion, or because the mob raised an uproar against them, or because the officer or king hated them. They were confined in prison on mere oral charges, or without any formal accusation in writing, or without trial or a chance to give bail till trial, or were condemned unheard, and even against the law of the land. Such things could not occur in our country, and the writ of habeas corpus was devised for the express purpose of pre- venting or putting a stop in an orderly way to such cruelties and oppression. In our land the accused person is entitled to be informed of the offense of which he is accused, and when arrested a warrant or complaint, in which is formally stated the crime he is charged with having committed, must be issued by the court, either before or immediately after his arrest, POWERS DENIED TO THE UNITED STATES. 153 and if that is not done, not only is the officer holding him and his bondsmen liable to him for damages, but he can go to any higher court, even the highest court in the State, and in some instances even to the Supreme Court of the United States, and immediately by the writ of habeas corpus obtain his release. He may have been arbitrarily denied bail con- trary to law, or at his trial he may have been denied the right to have witnesses in his own behalf, or denied the right of trial by jury when he was entitled to a jury trial, or the law under which he was convicted may have been in violation of the Constitution; for all these wrongs, and many others, the writ of habeas corpus affords him a speedy remedy, and that remedy neither Congress, nor any State, can take away from him, except when in times of rebellion, or invasion by a foreign foe, the public safety may require that the writ be for a time withheld. The great purpose of the writ of habeas corpus is to force courts to give an accused a fair, speedy, public trial by a jury according to the forms of law, and to restrain detectives, policemen, sheriffs and other officers, and soldiers and militia, from arbitrary and cruel arrests of private citizens, and from acting as judges themselves. It was designed to prevent officers clothed with great power from abusing that power and using it to inflict cruel or tyrannical oppression upon others. 121. Bills of Attainder and Ex Post Facto Laws.— The Constitution also says that ''no bill of attainder or ex post facto law shall be passed." A bill of attainder is a legislative act that inflicts punishment without judicial trial. A bill brought into Congress or a legislature, condemning to punish- ment the person named, without a sentence or trial of a court, would be such a bill. Formerly such bills were passed by Parlia- ment in England, and the person thus punished was said to be attainted; that is, his blood was said to be corrupted, he could neither acquire property nor transmit it to his children, and he was denied the protection of the laws. Such a bill would 154 CIVIL GOVERNMENT OF THE UNITED STATES. be contrary to the Constitution. No humane people would uphold it. It is an instrument of oppression and tyranny. It would be absolutely destructive of trial by jury. It would make out of the legislative body an arbitrary and irrespon- sible despot, punishable by no one, however extravagant its actions. It belongs only to cruel or barbarous nations. This clause in the Constitution is of chief interest to us as indicat- ing how determined our forefathers were to make entirely separate the legislative and judicial powers of government. Their idea was that an accused person could only be con- victed by a jury. Trials belong to courts, and all trials ought to be in courts and the guilt or innocence of the accused determined by an impartial jury. A legislative body may investigate the guilt of one of its own members to the extent of determining whether or not he is to remain a member or be expelled, and it may by impeachment remove an executive officer, but it cannot pronounce a private citizen guilty of a crime. Ex post facto laws are equally unfair. They make an act a crime against which there was no law when the act was committed. They declare certain conduct to be criminal and provide punishment for any person who has been guilty of that conduct at any time in the past. Such laws would be unjust. Certainly no one ought to be punished for doing a thing which was not a crime when he did it. And the Constitution not only says that Congress must not pass any bill of attainder or ex post facto law, but it as plainly says (Art. I, sec. 10, par. 1) that no State shall pass any such bill or law. And if either Congress or the Legis- lature should do so and an attempt were made to enforce it, the courts, if appealed to, would issue the writ of habeas corpus and prevent its enforcement. 122. Export Tax. — In the same section IX it is said that "no tax or duty shall be laid on articles exported from any State." We have seen that Congress may lay a tax on POWERS DENIED TO THE UNITED STATES. 155 articles imported into this country. But neither it nor any State can lay an export tax on things shipped abroad. It was supposed that home industries would be much encouraged and more profitable, and foreign trade greatly enlarged, if the Government charged nothing for shipping goods out of this to other countries. 123. Regulations of Commerce and Taxation. — It would be a violation of the Constitution for a sectional party to undertake to build up the business of its section at the ex- pense of another part of the country by means of laws de- signed to regulate commerce either among the States or with foreign countries, or by tariff laws designed to increase the industrial prosperity of one section at the expense of another. To do that is an ever-present temptation to selfish Congress- men, but the Constitution (Art. I, sec. 9, cl. 6) says that "no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." A very high tariff laid on products or goods like those pro- duced in one part of the country, and a very low tariff on goods or products like those produced in another section, might very greatly benefit the one and injure the other, since it would tend to give to the one a monopoly in this country of the things it produced, and compel the other to compete with the world in the sale of its products. Such a method of laying tariff taxes would be selfish sectionalism. Congress is also given power to regulate commerce among the States and with foreign countries, but in doing that it must have equal regard for the interests of every State. Anything less than that is bad faith, and the party responsible for it should be defeated at the elections. Foreign commerce increases the business and riches of that part of the country which engages in it. It can be aided by a supply of sufficient ports and wharfs and collectors, and crippled by a failure to supply them, for ships will always prefer ports at which they can quickly load and unload, and 156 CIVIL GOVERNMENT OF THE UNITED STATES. railroads will center at a port where their freights and pas- sengers can be quickly sent on their way across the sea, and where they may quickly transfer to their cars cargoes for shipment into the interior of the country. So that it is the duty of Congress to supply each port with such accommoda- tions as its trade may reasonably require, and the extent of such accommodations will always depend on the natural needs (or advantages) of the port. The trade that naturally will flow into one port will certainly be larger than that of another port, and the size of the wharf, the docks, the number of collectors, the depth of the water must be commensurate therewith. But all ports must be treated with equal-handed fairness, according to their natural needs. The primary principle of American government is justice, and this clause of the Constitution requires that Congress in regulating commerce among the States and with foreign countries and in laying tariff taxes must be just — ^just to all the States alike. 124. Free Trade Among the States. — The Constitution guarantees to the inhabitants of one State absolute free trade with those of all other States. By which is meant, that neither Congress nor any State can levy an export or an import tax on goods or persons passing from one State to another. The Constitution says, "Nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another." New Orleans cannot assess tariff taxes on a cargo of goods shipped to her port from Boston. Iowa cannot collect import duties on cotton shipped to her from Arkansas. Until the time of the Spanish-American War in 1898 this clause was generally understood to apply to every State and Territory and possession of the United States. But it does not do so in express words, and the Supreme Court held that Congress could limit its application to the States alone, and could require the inhabitants of conquered or purchased islands, such as the Philippines or Porto Rico, to pay tariff duties on all their goods shipped into any State, and make POWERS DENIED TO THE UNITED STATES. 157 those tariffs higher or lower than those charged against goods from other countries. 125. Appropriations. — No money can be paid out of the Treasury except "in consequence of appropriations made by law." Neither the President nor the courts nor any ex- ecutive officer can spend any of the Government's money until Congress consents. Congress can alone declare for what the moneys collected into the Treasury by taxation may be used. This it does by laws called appropriation bills. These bills set out in detail the things for which the money may be spent. Then there are auditors and comptrollers of the Treasury, who examine every item of expenditure and see that no money is paid out except for the purposes for which Congress appropriated it. In order that the people may know how the public revenue is being spent, and in order that Congress may know that it has been spent just as it has directed, "a regular statement and account of the re- ceipts and expenditures of all public money shall be pub- lished from time to time." Appropriation bills may be passed at any session. 126. Titles. — No title of nobility can be granted by the United States. Titles of nobility are lord, earl, duke, duchess, baron, princess. In other countries they are con- ferred by the king or inherited from an ancestor. They are out of harmony with the basic principles of a republic, which is that all citizens have equal rights before the law. A re- public cannot prefer some of its citizens over others. To recognize titles by law would be to create ranks among the people. And of course our Government will not permit other nations to confer titles upon its officers which it can- not itself confer. 127. Presents. — No person holding any office of profit or trust under the United States shall, without the consent of Congress, accept any present, office or title, of any kind 158 CIVIL GOVERNMENT OF THE UNITED STATES. whatever, from any other nation or any of its officers. For him to do so might lessen his loyalty to his own country. American officers are chosen to look after the public business which the people through their laws have directed to be done. But nevertheless weak natures occasionally find their way into public office who might be won away from their devotion to their own country if a high-sounding title or a valuable present were given to them, by another government. The meaning of this provision is that all persons who hold offices or positions of trust under, the Government must give their entire allegiance to that Government. They must have no divided loyalty; they are not to have any secret alliances with any other nation; they must be satisfied with the pay and honors which their own country confers upon them. While holding an office or position of trust, they can accept no title or office or pay or gift of any kind from any foreign king or nation without first obtaining the consent of Congress to do so. 128. Freedom of Religion. — The First Amendment to the Constitution says that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof." Prior to the Revolutionary War the citizens of some of the colonies had been taxed to maintain a favored church. That was done, for the most part, by laws enacted by\their legislatures, and that tax was imposed on persons who were not members of that church, as well as upon those who were, and even upon those who were members of other churches. This part of the Constitution absolutely prohibits such tax- ation by Congress. It does not forbid any State from levying taxes for the support of churches, but the constitution of nearly every State contains a provision prohibiting its legis- lature from levying taxes or using public money for such a purpose. POWERS DENIED TO THE UNITED STATES. 159 It should be observed that the prohibition is against the "establishment of religion." That means, a church estab- lished by the Government and supported by the Government. It does not prohibit the building and support of churches by private citizens. On the contrary, it specifically says that no law "prohibiting the free exercise" of religion by any person shall ever be passed by Congress. It allows all men to adopt and practice such religion as they may severally choose, and to give their money freely for its propagation. The theory behind this part of the amendment is that the Government cannot impose religion upon men without becoming arbitrary and oppressive, and that the Government will be stronger and more just, and the people happier and religion more pros- perous, if they are left free to worship God according to the dictates of their own consciences, in an orderly way and without molestation. 129. Free Speech and a Free Press. — The First Amend- ment also says that Congress shall make no law "abridging the freedom of speech or of the press." Freedom of speech and freedom of the press mean the right to speak or write whatever is true; they do not mean the unrestricted right to speak or write a falsehood. A characteristic of all despotisms where tyranny, and oppression abound has been to lay a restraining hand on any public speaker who would criticise the king or denounce the cruelties or corruption of public officials; and in some govern- ments at the time the Constitution was framed there were officers called censors of the press through whose hands was required to pass every article an editor desired to publish, and they struck out of it any sentence or any part of it they did not approve. That is what is meant by "abridging the freedom of the press." By the words in this amendment forbidding Congress to make any law "abridging the free- dom of speech and of the press" was meant that Congress could make no law requiring an editor to obtain the approval 160 CIVIL GOVERNMENT OF THE UNITED STATES. by a censor of a certain article written by him before he could publish it, nor any law authorizing any officer to restrain any public speaker from saying what his conviction of right and duty may prompt him to say. Ours has been defined as "a government by public dis- cussion." This is the people's government, and they cannot act intelligently unless they are informed ; and that they may be informed it is necessary that unselfish speakers and editors and authors be free to discuss any act of the Government or any question of industry or morals that affects the general welfare. Turning the light of truth upon error is the best way to cure it. Public wrongs can be corrected if speakers and editors are free to tell the truth about them. But all that does not mean that an editor may write or a citizen may speak a wicked falsehood with the same free- dom he can speak the truth. The editor can write and pub- lish what he pleases, and the citizen can say what he pleases; if what he writes or speaks is true, he cannot be punished; but if it is false, the injured party has a remedy. So while he is free to write or speak, yet if he abuses that freedom by writing or speaking things that are vicious and untrue he may be brought to account. Malicious falsehoods spoken of another are slander; if written or printed of another, they are libel. If the speech of a citizen or the writings of a publisher are so indecent as to be slanderous or libelous, he may be sued for damages, and in extreme cases fined and imprisoned. But unless one's speech or writing disturbs another's peace, or is so indecent and false as to amount to malicious libel, or is obscene, the courts'will not punish him for crime, but will permit the party injured by the falsehood to seek redress for the wrong done him by a suit for damages. Moreover, if the book or paper or letter is so indecent as to corrupt public morals, or such a base humbug as to deceive and defraud the public, or so in- POWERS DENIED TO THE UNITED STATES. 161 flammable as to excite them to disorders, Congress will deny it the use of the mails. 130. Peaceable Assembly and Petition. — The First Amendment further says that Congress shall make no law abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.'* The people do not have to ask permission of their officers to peaceably assemble. They can do so without {permission from any one. That is a right they have resers-ed for them- selves, and no one can take it from them. Not only can they assemble ; they can also remonstrate in an orderly way against the action of their officers, and they always have the right to petition the Government for redress of grievances. Those rights inhere in the people wherever there is freedom. Of course, the Government (state or national) may disperse a mob or a disorderly crowd, but so long as assemblies are peaceable and orderly and do not interfere with the rights of others no officer has any right to interfere with them. Freedom of speech, freedom of the press, freedom of assemblage and freedom of religion are some of the tests by which a people's liberties may be measured; but they are all to be enjoyed within the limits set out in the last three sec- tions. Thomas Jefferson said that "error of opinion may be tolerated where reason is left free to combat it," and it is in order that reason may freely combat any error that freedom to speak and to wTite and to worship and to peaceably assemble has been guaranteed to us. The purpose of that freedom is that error may be abandoned, that the abuses of government may be corrected, and not that government may be destroyed, or disorder encouraged, or officers maligned, or private persons slandered, or the public scandalized. 131. Reserved Powers. — The Tenth Amendment is: "The powers not delegated to the United States by the Con- stitution, nor prohibited by it to the States, are reserved to the States respectively or to the people." The Government c. G.-U 162 CIVIL GOVERNMENT OF THE UNITED STATES. of the United States is one of enumerated powers. These powers are enumerated or expressed in the Constitution. The Government has no other powers. AH other governmental powers have been reserved to the people or to the States. The people may sometime, by amendment of the Constitution, greatly enlarge the powers of the President or of Congress, but always and under every circumstance the powers of the Govern- ment are limited by the Constitution and amendments thereto. The Government is under the same obligation to refrain from trespassing upon the powers retained by the States that the States are to submit to the authority they have delegated to the Union. Neither has the right to deny the powers of the other. Our dual form of government — by the States and by a Union of States — answers the needs of the people for gov- ernment and conserves the peace of society far better than either alone could do it. Questions on Chapter XIII. 1. Discuss the affirmative and negative powers of Congress. (119) 2. What does the Constitution say about the slave trade? (119a) 3. What is further said about that provision? (119a) 4. What does the Constitution say about habeas corpus? (120) 5. What do these words mean and what is the writ? (120) 6. In former times how were men arrested and held? (120) 7. Could such things occur in our country? (120) 8. Suppose no warrant or complaint is filed against an arrested person? (120) 9. Name some of the things for which the writ is a remedy? (120) 10. What is the great purpose of the writ? (120) 11. What is a bill of attainder? Why unfair? (121) 12. What is an ex post facto law? Why is it unfair? (121) 13. Could such a bill or law be enforced? Why? (121) 14. Can Congress or a State lay an export tax? (122) 15. What about preference in the regulation of commerce or revenue? (123) 16. How can Congress aid and -cripple commerce? (123) 17. Will one port naturally require more aid than another? (123) 18. How should Congress act in all things? (123) 19. Is there free trade among the States? (124) POWERS DENIED TO THE STATES. 163 20. What clause of the Constitution guarantees it? (124) 21. Does that clause apply to island possessions? (124) 22. How may money be paid out of the Treasury? (125) 23. Can Congress or the President confer titles of nobility? (126) 24. Can American officers accept them from other nations? (126' 25. Can an officer accept presents from another nation? (127) 26. What is the meaning of this provision? (127) 27. What does the Constitution say about freedom of religion? (128) 28. What does this provision prohibit and what does it mean? (128) 29. What does this Constitution say about freedom of speech and of the press? (128) 30. What do freedom of speech and of the press mean? (129) 31. What do they not mean? (129) 32. What does "abridging the freedom of speech and press" mean? (129) 33. Why does such freedom seem necessary? (129) 34. Is this an unrestricted freedom for either editor or speaker? (129) 35. What are the penalties for slander and libel? (129) 36. What does the Constitution say about assemblage and petition? (128) 37. Have the people the right to peaceably assemble and remonstrate against grievances? (130) 38. What are some of the tests of a people's liberties? (130) 39. How are they to be enjoyed? (130) 40. What is the purpose of those privileges? (130) 41. What is the tenth amendment? (131) 42. What powers has the Government? (131) 43. Under what mutual obligation is the Government and States? (131) CHAPTER XIV. POWERS DENIED TO THE STATES. 132. Powers to Make Treaties. — ^AU powers that must of necessity concern the whole nation are denied to the States. Thus we have seen in section 50 that treaties may relate to a settlement of the national boundary or the terms upon 164 CIVIL GOVERNMENT OF THE UNITED STATES. which trade may be carried on between citizens of this country and foreign countries. One can readily see how the internal peace and harmony of the country could be disturbed if the Union should insist on a certain line as the boundary and a State had the power to fix upon another line. If in settling the boundary line between the United States and the Spanish possessions in America, the Union had agreed that it should be the Rio Grande and the State of Louisiana had had power to agree that it might be the Sabine and Red rivers, troublesome confusion would have arisen. And sup- pose that, although Congress under its power to levy imposts had fixed a tariff charge at certain rates, a State had power by treaty to agree with other nations that so much of their goods as came to its ports should enter free, and then under the clause which guarantees absolute free trade between the States it began to ship those goods all over the Union: the result would be that the law passed by Congress would break down, and the Union itself would prove a useless thing. To avoid any such results the. Constitution (Art. 1, sec. 10, cl. 1) says that "no State shall enter into any treaty, alliance or confederation." The power to make treaties is vested solely in the President and Senate. 133. General Welfare Provisions. — ^The Preamble de- clares that one of the purposes of forming the Union was to "promote the general welfare.'* In keeping with that pur- pose the Constitution denies to each State the power to coin money, to emit bills of credit to do duty as money, or to make anything except gold and silver coin a tender in pay- ment of debts. It is easy to see that business transactions are greatly facilitated by uniform money for the whole Union, and this clause makes it impossible for any State, by issuing different coins or moneys of its own devising, to bring con- fusion into the monetary system provided by Congress. So, also, it will readily be seen that foreign commerce ^p.ujd be in endless confusion if each State-could impose im- POWERS DENIED TO THE STATES. 165 port taxes different from those laid by Congress, and for that reason "no State shall, without the consent of Congress, lay- any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws," and we have seen in section 67c that by "its inspection laws" is meant laws and regulations for the public health and safety. Thus we see that the purposes of these inhibitions on the powers of the States were not to humiliate them, or take from them any power many of them would ever wish to ex- ercise, but to so unify the moneys of the country that "com- merce among the States" would be easy, and to make so uni- form the impost taxes that one State would not be con- stantly trying to build up its own trade and wealth at the expense of another. 134. Impairment of Contracts. — "No State shall .... pass any law impairing the obligation of contracts." These are simple words, yet so perverse is human nature that no other clause in the Constitution has so often been in- voked or disregarded. They mean that when one enters into a contract, no State can do the immoral thing of helping him to break it. Contracts underlie the whole framework of modern industry. The prosperity of all persons depends on the faithful keeping of contracts. No State can relieve itself of its own contracts with private citizens, or relieve its citizens of their contracts with each other, or with citizens of other States, nor can the United States do so. A town may issue its bonds to pay for an electric light plant, and those bonds it must pay; it cannot refuse to pay them because after a few years it ceased to use the lights ; nor can the Legislature or the town council excuse the town from paying them if they were lawfully issued. Of course, no one is compelled to keep an unlawful contract; and a contract obtained by cheating or taking advantage of another's weakness or lack of knowledge, or by falsehood and false representation not known to be false, is an ufilawful contract. This clause of the 166 CIVIL GOVERNMENT OF THE UNITED STATES. Constitution means that no State, no person, not even the United States, can repudiate a lawful contract legally entered into. It means that when you solemnly agree with another person to do a thing which the law permits to be done, the law will compel you, at that other person's request, to keep and perform your agreement. It would seem that every good person would do this, without any law. But many per- sons are unwilling to pay their debts, or do many other things they have agreed to do, and therefore the law not only says that they must fulfill their contracts, but the Constitution says that no State can pass a law relieving them from that obligation. 136. The State and Nation. — No State is a nation. **No State, without the consent of Congress, shall keep troops or ships of war in times of peace, enter into any agree- ment or compact with another State, or with a foreign power, or engage in war unless actually invaded, or in such immi- nent danger as will admit of no delay." A government that cannot do these things is not a nation. A State is almost supreme in the control of its internal affairs, and in managing them few things are denied to it by the Constitution ; besides, it can do anything which it is not specifically prohibited by the Constitution from doing, and the things it is prohibited from doing nearly all relate to external matters — to its relations with other States or nations. (1) The State cannot have a navy in times of peace nor maintain a standing army except by consent of Congress. The Union, by the Constitution, was made to shoulder all the external troubles of a State. It was given power to "repel invasions," and to raise armies, maintain a navy and call forth the militia for that purpose, and therefore there is no need for a State to "keep troops or ships of war in times of peace." (2) Congress is given power "to declare war;" it would be destructive of all national peace and harmony if any r POWERS DENIED TO THE STATES. 167 State, without consulting the others, could ''engage in war." If a State could do that, one turbulent State could constantly be involving all the others in trouble. (3) The Union is given power "to make treaties" and "to regulate commerce with foreign nations and among the States," and therefore as to such matters there is no necessity for one State to enter into an "agreement or compact with another State or with a foreign power." Two adjoining States have been known to enter into agreements as to their relative boundaries. Thus, when Kentucky became a State, both she and Virginia claimed a wide strip of country along the Cumberland Mountains and the Big Sandy River, and the matter was settled by each State appointing commission- ers to locate the dividing line, and when they agreed thereon the Legislature of each State adopted their agreement, and thus by compact with each other nearly all the disputed lands were agreed to belong to Kentucky. This was in fact an agreement or compact, but it was not such a one as is meant by this clause of the Constitution ; it was rather a peaceable attempt to ascertain what portions of the land belonged to each State, and to definitely fix the dividing line, so that the inhabitants there might know to which State they were to look for protection in the enjoyment of their property and civil rights. These words of the Constitution mean that "no State shall enter into an agreement or compact with another State or with a foreign power" to subvert the au- thority of the Union, or nullify its laws, or to gain advan- tage for itself because of their weakness. They mean that Pennsylvania cannot agree with Canada to sell her coal in exchange for pine lumber, in defiance of the tariff laws of Congress; they mean that Missouri could not agree with Illinois and the other States of the Mississippi Valley that no naturalized Italians shall ever settle within their borders, or that they will trade with each other alone and with no other States. They mean, in short, that no State can ever enter 168 CIVIL GOVERNMENT OF THE UNITED STATES. into a compact with another to do any of those things which the Constitution clearly says Congress shall have power to do. All the things that are by this clause denied to the States are the things that always belong to a nation. A nation, whether it be a republic or a monarchy, always has power to make treaties, to regulate foreign commerce, to raise armies, levy import taxes and maintain navies. The Gov- ernment of the United States can do these things, and there- fore it is a nation. The States cannot do them ; they are not nations. We see from this how anxious the American people were "to form a more perfect Union," when they voluntarily adopted a Constitution that took from the States all possi- bility of doing these things, which each might have tried to do for itself had there been no Union. But without a sur- render of those things there would have been no Union, and' without the Union no State would have attained the majestic peace and firm prosperity it now enjoys. These things were wisely committed to the Union, and denied to the States. The Union can do them better than the States, and therefore the States should not undertake to do them at all. If both the Union and the individual States could do such things there would not only be a clash of authority, but a divided authority. A divided authority is almost the same as no authority. Final authority must be lodged somewhere, and final authority to act upon all subjects that must necessarily concern all the people of the country should be lodged in the Union, and that is what this clause of the Constitution means, 136. Slavery Prohibited. — ^Slavery at one time or another existed in all the thirteen original colonies. At the time the Constitution was adopted it was being abandoned in a few of them, but its abolition was still a tender subject, even in them, for while their inhabitants did not own or use slaves oji their own properties, they were still considerable shippers of them to those States whose inhabitants would I POWERS DENIED TO THE STATES. 169 buy and use them. Nothing was said about the abolition of slavery by the Convention that framed the Constitution. It was assumed by its framers that each State had the right to determine for itself whether slavery should be continued within its borders. They did consider that Congress had the right to. put a stop to what was called "the African slave trade," by which was meant the capturing of men and women in Africa and bringing them to America and selling them into slavery, for that traffic was foreign commerce, and the Con- stitution gave Congress complete control over foreign com- merce; but even that trade the Convention felt impelled to tolerate for a time, for the Constitution contained a provision that Congress must not prohibit the importation of slaves prior to 1808, and declared (Art. V) that this provision should not be amended until after that date. But it made no reference to the slavery then existing in most of the States, and if it had contained a provision for its extermination it is likely it would never have been adopted. But as the national domain extended westward and new States were formed, opposition to slavery grew. For a long time its opponents only contended that Congress should exclude it from all new States as they were formed, but in time the cry arose that it should be abolished in those old States in which it had always existed. The contentions over the right of each State to determine for itself whether or not slavery should exist within its boundaries stirred the country into angry passion, and had much to do with bringing on the Civil War. At its close, the Thirteenth Amendment was adopted, and was proclaimed ratified on December 18, 1865. It de- clared that ''neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in the United States or any place subject to their jurisdiction." Slavery can now exist in no part of the United States, or in any Territory or in any island or other possession belonging to the United 170 CIVIL GOVERNMENT OF THE UNITED STATES. States. Its final abolition removed the most serious conflict that ever existed between the States and the Union, and now their relations promise only peace and harmony for the future. Of course this amendment does not prevent a State from punishing a person who has been convicted of a crime, by compelling him to work on streets or public roads or in a prison. But it does prohibit a State from enacting a law authorizing one person to own another, or to compel any adult who has not been convicted of a crime to work against his will. Some dishonorable persons will not keep their con- tracts to work for another, and there is no lawful way by which they can be compelled to keep them; they cannot be coerced or forced into fulfilling their agreements. The employer's only remedy is to sue them for damages for a breach of con- tract, and recover a judgment for the amount of damage he has sustained, and then have the sheriff or other court officer sell so much of their property as will pay that judgment. But that course is often no remedy at all, for such persons rarely have any property that can be seized by the sheriff. 137. Equality of Suffrage.— The Fifteenth Amendment, proclaimed ratified March 30, 1870, is in these words: ''The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude." This amendment was made to secure to former slaves and their decendants the right to vote. In some States, however, legislatures have adopted an educational qualification for voting, and such tests are not in conflict with this amendment. It does not confer the right to vote on any one. It simply says that neither the State nor the United States can deny to a citizen that right because .of his color, race or previous condition of servitude. The State can deny to its citizens the right to vote on any other valid ground; but it cannot enact an election law that discriminates against any citizen because of his color. POWERS DENIED TO THE STATES. 171 138. Equality of Citizenship. — The Fifteenth Amend- ment does not confer the right to vote upon any one. It simply says that the right to vote cannot be denied to any citizen because of his race or color. But it was once thought that each State would be induced by certain provisions of the Fourteenth Amendment to confer the right to vote on all male citizens twenty-one years of age. That amendment says that ''when the right to vote is denied to any male citizen twenty-one years of age, except for crime, the number of Representatives which the State shall have in Congress and the number of electoral votes which it shall have for President shall be reduced in the proportion which the number of male citizens thus denied the right to vote shall bear to the whole number of male citizens twenty-one years of age in the State." It was thought that rather than run the risk of having the number of its Representatives in Congress re- duced, and of losing some of its electoral votes for President, a State would always grant to every male citizen, except those convicted of crime, the right to vote. But this pro- vision has never been enforced, for two reasons: (1) To enforce it would take away from the State the power to say that every voter must have a certain amount of educa- tion before he can yote. To provide that every man can vote might be to turn the State over to ignorant men who do not have any intelligent understanding of our institutions. (2) It would be an almost impossible thing to determine how many men at any election have been denied the right to vote because they cannot read or for any other reason. It does not follow that because a man has not voted he was denied the right to vote, for it is a well-known fact that in every State many citizens habitually abstain from going to the polls. So this part of the Fourteenth Amendment, it has been found, does not force the States to confer the right to vote upon colored citizens. In fact. Congress has never yet tried to enforce it. 172 CIVIL GOVERNMENT OF THE UNITED STATES. But the Fourteenth Amendment went very much further than this. It declared that: "No State shall make or en- force a law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." It was once thought that this pro- vision gave Congress power to destroy the individuality of the States ; that it so centralized power in the Union that the political independence of the States was wholly at the mercy of Congress. But the Supreme Court in numerous decisions has shown that such is not the fact. It does not give Con- gress power to regulate the conduct of private citizens. It does not give Congress authority to compel any citizen to receive other citizens on terms of social equality, or to receive both white and colored persons as guests at his hotel or theatre; nor does it deny to him the right to refuse' to employ other citizens because of their color. It simply prohibits the State from doing certain things. A State acts through its legislature or its courts or its officers, and this amendment prohibits them from denying to its citizens the equal protec- tion of its laws. Its laws must apply to all persons alike. The State, as such, cannot enact a law that specifically dis- criminates against one class of citizens. The Supreme Court has held that this part of this amendment simply means that no State, in enacting and enforcing its laws, can discriminate among its citizens because of their race or color; but that it does not prohibit the people of a State from so discriminating among themselves. Questions on Chapter XIV. 1. What powers are denied to the States? (132) 2. What might be the effect if both a State and the Union could make treaties? (132) 3. What the effect, if both could fix tariff rates? (132) 4. What does the Constitution say on this subject? (132) POWERS DENIED TO THE STATES. 173 5. What other powers are denied to the States? (133) 6. What might be the effect if a State could coin money? (133) 7. What does the Constitution say of the State's power to levy imposts? (133) 8. What were the purposes of these inhibitions? (133) 9. What does the Constitution say about impairment of con- tracts? (134) 10. What do these words mean? (134) 11. Is a State a nation? Why? (135) 12. Can a State have an army or navy? (135) 13. Can a State declare war? (135) 14. Can a State enter into a treaty or compact with another State or foreign nation? (135) 15. What do these words of the Constitution mean? (135) 16. What things then are denied to the States? (135) 17. What was the attitude of the framers of the Constitution to- wards slavery? (136) 18. Trace the growth of opposition to slavery. (136) 19. What is the language and meaning of the 13th Amendment? (136) 20. What did the fifteenth amendment say about the right to vote? (137) 21. Why was it made? (137) 22. Is an educational qualification for voting prohibited by it? (137) 23. On what ground cannot a State withhold the right to vote? (137) 24. Why was it supposed that each State would confer this right on all male citizens? (138) 25. Why has not this amendment been enforced? (138) 26. What further did that amendment provide? (138) 27. What was it once feared that this provision did? (138) 28. Was that a fact? (138) 29. Does it guarantee social equality to private citizens? (138) 30. What does it do? (138) 31. How does a State act? (138) 32. How must a law apply? (138) 33. Can a State discriminate against one class of citizens? (138) 174 CIVIL GOVERNMENT OF THE UNITED STATES. CHAPTER XV. THE PRE SIDENT. 139. The Chief Executive. — We now turn for two chapters from the legislative to the executive department of the Government. The Constitution says that "the execu- tive power shall be vested in the President of the United States of America." It mentions no other officer; it names only the President. It is necessary to note at the outset of the dis- cussion that it says that the executive power of the nation is vested in him, which means that it is vested in him alone. By so doing, one will have a clearer understanding of what is further said in this and the next chapter. Congress passes laws prescribing how the affairs of the Government shall be conducted, and the officers who conduct those affairs are executive officers. They execute what the law prescribes or the courts direct to be done. They are called executive officers for that reason. The power to originate is in Congress; the power to carry out is in the executive officers. Congress by enacting a law marks out a governmental policy; the carrying out of that policy is an executive matter. The chief executive officer is the President; in fact, all executive power is lodged in him, and all other executive officers are simply his assistants or representatives. They are all appointed by him, or by other officers who have them- selves been appointed by him, and are all under his control and subject to his direction; and while the most of them are appointed for a term of four years, yet for improper conduct he may remove them at any- time, and in some cases he may determine their conduct to be improper without giving any reason therefor, either to the officer or to the public. THE PRESIDENT. 175 This applies to all higher executive officers and to almost all others, except purely public service employees, such as postal clerks and mail carriers and most department clerks, whose connection with the Government is simply that of employment, and who, in late years, have been protected from being discharged from such service on the election of another President by a series of laws called Civil Service regulations. Such employees can hold their places so long as they do their work well and behave themselves. But the conduct of many executive officers reflects the principles of the President. They should therefore be in harmony with him, and unless they are he can remove them. Of all executive officers the President alone (and of course the Vice-President) is elected by the people; all others are appointed. It is not so in the States. In most of the States all the higher executive officers are elected. But no other executive officer of the United States except the Presi- dent can ever be elected so long as this clause of the Con- stitution remains unchanged — the clause that says "the ex- ecutive power shall be vested in the President." If that power is vested in him he must have the right to say who shall act in his stead in executing it. He cannot perform all ex- ecutive duties himself; the work is too much for one man. He must have many assistants to act in his stead. It would be clearly unjust to hold him responsible for failure to require an executive duty to be performed in a satisfactory way and yet not give him power to say who those assistants shall be. All other executive officers are the President's arm, and he must have an unshackled arm, and that means that he must have the right to appoint other executive officers in harmony with himself, and remove them whenever he believes they are trying to discredit him or the public good demands their removal. But the President does not have an unlimited power of appointment. All his important appointments must be ap- 176 CIVIL GOVERNMENT OF THE UNITED STATES. proved by the Senate. It can reject any of them at will. The Senate, therefore, always stands between him and the people, and if he should be indifferent to their rights it can check him. This is a wise provision. It not only enables him to test public sentiment; it forces him to be regardful of the people's interests and wishes. On the other hand, it subjects both President and Sena- tors to a political dicker. The dicker would be that they will agree to support certain bills which he wishes to become laws, if he in return will agree to appoint certain men to office whom they recommend. In that way the President may exercise great influence over legislation and the Senate have much to do with executive affairs. This is frequently a hurt- ful thing. Such political dickerings have more than once become national scandals, and violent political quarrels have grown out of the President's refusal to be dictated to by the Senate, or the Senate's resentment of the President's intermeddling with legfslative matters. These jarrings be- tween the President and Senators are not hurtful if both are animated with a supreme desire to promote the public good; but contentions or bargains that grow out of a desire solely to promote the interests of a political party or to advance the political fortunes of a Senator or of the President are not only hurtful, but often prostitute the purposes of government. It should never be forgotten in this country that all government — whether national or state or county or city or school — is for the good of the people, and must be conducted solely for their welfare, and if those they elect to office will not use their offices in the people's interest they should turn them out and elect others in their stead. At the s^me time the people should be just, and when they get a faithful public servant they should be glad to honor him with their votes. 140. Term of Office. — The President is elected for a term of four years, beginning on the fourth day of March next after the election. He may be then re-elected for an- THE PRESIDENT. 177 other term. There is nothing in the Constitution which pro- hibits him from being elected again and again. But no President has ever served longer than two terms, nor has one ever been nominated for a third term by any party. 141. His Qualifications. — He must be a natural-born, citizen of the United States, at least thirty-five years old, and have been for fourteen years a resident within the United States. No foreign-born person can be President. The qualifications of the Vice-President are the same. 142. Vacancy. — In case of the death or removal or resignation of the President, the office devolves on the Vice- President, who fills out the remainder of his term. If both should die, the vacancy is filled by the members of the Presi- dent's Cabinet in the order of their rank, beginning with the Secretary of State. 143. Salary. — The President's salary can not be in- creased or diminished during the period for which he was elected. At the present time this salary is $75,000 per year, and besides this amount the appropriations made for fur- nishing and supporting the executive mansion amount to several thousands more, but the President can retain no part of such appropriations. 144. Powers and Duties. — The President shall be (1) commander-in-chief of the army and navy. The army and navy are parts of the executive department of the Govern- ment, and therefore it is proper that the President should be their commander. (2) He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two- thirds of the Senators present concur. The terms of a treaty are first agreed to by him. Then the Senate agrees to so much of it as it deems best, and then that part, if the other nation concurs, becomes binding on both nations. If the Senate rejects the treaty that is the end of it. The President must C. G.— 12 178 CIVIL GOVERNMENT OF THE UNITED STATES. then negotiate another or abandon the matter. The Senate cannot negotiate a treaty; it can only approve or reject or amend the treaty the President has negotiated. (3) ' He shall appoint ambassadors, ministers, consuls, judges of the Supreme Court, and all other officers of the United States whose appointment is not otherwise provided for, but such appointments must be made by and with the advice and consent of the Senate; that is, they must be con- firmed by that body to be valid; and Congress, by law, may vest the appointment of inferior officers in the President alone, in the heads of departments, or in the courts; and, it has invested the heads of departments with the appointment of a great many and the courts with the appointment of a very few. All executive officers, except those appointed in the recess of the Senate, are commissioned for four years, but they hold over after the four-year period has expired until their successors are appointed and qualified, and by "qualified" is meant that the appointee has been commissioned by the President (that is, a certificate which is his title paper to the office has been signed and issued by the President), and has given whatever bond the law requires, and has taken an official oath, which is usually to support the Constitution and obey the laws and faithfully demean himself in office. But in many cases, a vacancy occurs whenever the President chooses to make it. If he appoints another man to the office, whether the four-year period has expired or not, the incumbent is thereby ousted. A vacancy may occur during the recess of. Congress. In such case the President fills it by an ap- pointment which extends to the end of the next session of Congress, if the Senate refuses to confirm it, but if it confirms it, it extends, if the office is an executive one, to the end of the four-year period. If it refuses to confirm it, he may send in another name at once, or he may wait until its ad- journment and then make another appointment, which will again extend to the end of the next session, unless sooner THE PRESIDENT. 179 rejected or confirmed. The Congress invests certain higher and even certain inferior officers with the appointment of their assistants, but even then the President may have something to say as to who those assistants are to be, for if they are not agreeable to him, he may remove the officer who selects them. (4) He shall, by message or otherwise, give to the Congress information on the state of the Union, and recom- mend to their consideration such measures as he shall deem necessary. Washington and Adams appeared before Congress and delivered their messages by a speech, to which Congress replied. But their opponents stigmatized this practice as "monarchial," as being an attempt to follow the practice of the English king. Accordingly Jefferson, who did not have much patience with kingly customs, and who was withal a powerful writer but a poor speaker, wrote out his messages and sent them by messenger to the Congress; and from his time on the succeeding Presidents followed his example, until the time of President Wilson, who, when a pressing national matter or an acute international situationhad arisen, usually appeared before the two houses in joint session in the House of Representatives, and, either reading or speaking his address, laid before them such information as he thought proper to give, pointing out the course he considered it the duty of the Government to pursue, and asking their co- operation or advice in pursuing that course. (5) The President may, on extraordinary occasions, convene both houses, or either of them, in extra session, and (6) if they cannot agree upon a time of adjournment, he may adjourn them to such time as he may think proper, but not beyond the time of the beginning of the next regular session, (7) He shall receive ambassadors and other public min- isters from other nations, thereby opening the way for establishing friendly relations between those nations and our own, or affording a means of adjusting any difficulties that 180 CIVIL GOVERNMENT OF THE UNITED STATES. have arisen between their governments and ours, or between citizens of their countries and citizens of this. (8) He shall take care that the* laws be faithfully exe- cuted, and (9) he shall commission all officers of the United States. The President's duty to see that "the laws are faithfully executed" is his chief duty. The "executive power" is vested in him, and he is the Chief Executive. Whether the laws prove efficient to correct the wrongs they were passed to remedy may depend on the firmness and justice with which he tries to execute them. He is not above law himself; he is as much bound to obey it as the humblest citizen. He is the servant of the people, in that he was chosen to see to it that their will, as expressed in their laws, is faithfully car- ried out. 145. Veto Power. — But the President is something more than the Chief Executive. He also has much to do with legislation. If a bill passes Congress he can veto it, that is, refuse to sign it, and return it with his objections to the house in which it originated. That is the end of it unless two-thirds of the members of each house vote to pass it in spite of his disapproval. Thus he is in one sense a "third house." It is very difficult to pass a bill which he has vetoed. It, therefore, becomes necessary .always to take his attitude into account in considering the chances for enacting any important legislation. If he belong to one party, and the majority of each house to another, the chances are exceed- ingly slim that any bill will ever be passed over his veto ; and if he and that majority belong to the same party, to pass a bill over his veto may mean a rupture in that party, and its consequent defeat at the next election. Nevertheless, the President's veto has at times proved to be one of the most valuable features of the Constitution, for it may be used to block hurtful or inconsiderate legislation, and to concentrate public attention on the proposed measure, and when that is THE PRESIDENT. , 181 done, his veto may rally the country to his support or have no more effect than to postpone for a short time a needed law. On the other hand, his veto vests him with an immense power to influence legislation and to "whip members of Congress into line." To use his office in that way would be an abuse of his powers. The purpose of giving him the veto power was to enable him to block a headlong Congress or override its mistakes. It was never designed that he should be a legislator. Congressmen are chosen as the people's representatives to make laws, and ±he President's primary duty is to see that those laws are executed, but it is also his duty to use his veto power to defeat hurtful legis- lation. 146. Powers and Duties of Vice-President. — ^The Vice- President has very few duties. He presides over the Senate, but does not appoint its committees, which are appointed by the Senate itself in its own way. He takes no part in debate, and cannot vote except when the Senators are equally divided on a bill or proposition, when he has a "casting vote" to decide the matter. The office is of small importance except when a vacancy occurs in the office of President. Then it becomes all-important, for he immediately becomes Presi- dent. If he does that or dies or resigns, no provision is made for filling the vacancy in the office of Vice-President until the next election. The Vice-President's salary is $12,000 per year. 147. How Elected. — ^The people do not vote directly for President and Vice-President. They are elected by electors chosen by the people of the respective States, each State being entitled to as may electors as it has Senators and Representatives in Congress. The whole number at the present time, therefore, is 531; and a candidate to be elected President or Vice-President, must receive the votes of 266 electors. A Territory can take no part in the election of President. 182 CIVIL GOVERNMENT OF THE UNITED STATES. These electors must be chosen in all the States on the same day, but in each State they are to be chosen "in such manner as the Legislature thereof may direct," and formerly they were chosen in at least half the States by the legislatures themselves, and they were chosen in that way in South Carolina until recent years; but now in every State they are chosen by the vote of the people, on the first Tuesday after the first Monday of November in each leap year and each centennial year. The Governor makes out four lists of the persons who have been chosen electors in his State, and sends one to the Secretary of State at Washington, and delivers the other three to the electors, who meet somewhere within the State on the second Monday of January after their election and vote by ballot for President and Vice-President, and make three lists of all persons voted for by them for President, and three separate lists of all persons voted for for Vice-President, and of the number of votes for each. They then attach the Governor's list of their names to each pair of their lists, and deposit one pair with the judge of the United States court in whose district they meet, and transmit another by mail, and send the third by special messenger, forthwith, to the president of the Senate at Washington, which officer on the second Wednesday in February, in the presence of the Senate and House, opens the lists and causes the votes to be counted, and the person who has received the greatest number of all the votes for President shall be President, if such number is a majority of all the electors chosen by all the States. If no person has such majority, the election of a Presi- dent then devolves on the House of Representatives, the vote there being taken by States, each being entitled to one vote, and the person who receives the vote of a majority of the States is declared elected President, and if no person receives such majority by the fourth of March, the Vice-President shall act as President just "as in case of the death of the THE PRESIDENT. 183 President." When the election devolves upon the House its choice must be made from the persons, not exceeding three, who received the highest number of electoral votes. Twice since the formation of the Union the President has been elected by the House of Representatives. The first time was in 1801, when Thomas Jefferson was elected, and the next was 1825, when John Quincy Adams was chosen by that body. . If no person receives a majority of the electoral votes cast for Vice-President, the election devolves on the Senate, which makes choice from the two men who have received the highest number of electoral votes, and the person re- ceiving the vote of a majority of all the Senators shall be Vice-President. This method of electing the President and Vice-Presi- They have no juries. They hear no witnesses. They are appellate courts for the review of cases tried in the district courts and appealed to them. When a case is appealed to one of them, copies of the evidence, pleadings, instructions and other record matters are sent to it and it reviews these and determines whether or not the case was properly tried. Not all cases appealed from the district courts go to them. Suits appealed from the Supreme Court of a State, and suits involving a construction of the Constitution of the United States and a few others go directly to the Supreme THE JUDICIAL DEPARTMENT. 211 Court; but most cases are appealable only to the court of appeals, and usually its decision is final. 3. The Court of Customs Appeals, composed of five judges, sits at Washington and may sit in any part of the country. The tariff laws of the United States are compli- cated and often difficult to understand. All goods are by them divided into classes, and the amount of tariff tax an imported article must pay depends on the class to which it is assigned. There are appraisers to classify imports and to fix their value, and designate the tariff taxes they must pay. If any importer is dissatisfied with the appraisers' classifica- tion of his goods, he can appeal to this court, and its decision is final. Its only duty is to try cases involving the tariff laws, and to review, on appeal, the classification of imported goods as made by the appraisers, and determine the amount of tariff taxes they must pay. 4. The Court of Claims, composed of five judges, sits in Washington to pass upon claims against the United States. The Government cannot be sued, but it frequently happens that it becomes indebted to some one who has ren- dered it service, or to one whose property it has bought or appropriated or damaged. This court investigates such claims, and if it finds them just it so reports to Congress, which usually, but not always, makes an appropriation of money to pay them. But the Congress has the power to refuse such payment, and neither the President nor any court can compel Congress or any officer to pay any claim against the Government. 163. Checks on Congress. — The Supreme Court is a constant check on Congress. That body may pass a law which this court may nullify by declaring it to be in conflict with the Constitution, and if the President or any United States judge after that persists in enforcing it Congress may impeach him for doing so. The Constitution does not say 212 CIVIL GOVERNMENT OF THE UNITED STATES. that the Supreme Court shall have power to declare a law unconstitutional. Its authority to do that is primarily found in the oath of its judges. The Constitution binds the judges of that Court (and all other public officers) "by an oath or affirmation to support this Constitution." Their plain duty then, when a law comes before them to be enforced, is to determine whether or not it is constitutional, and if they de- clare it is not, that is the end of it. The laws of Congress for a long time have directed the attention of this court to the duty of determining the constitutionality of a law of Con- gress or of any particular State, and for an equally long time all the people have assumed that that duty most appropri- ately belongs to that highest judicial body. Hence, it may be truthfully said that it is the especial duty of this court to guard the Constitution, and that whenever it fails to nullify any law that conflicts with the true meaning and purpose of the Constitution that instrument will to that extent be of no value to the people. 164. Tenure of Office. — Judges of all Federal courts are appointed by the President, by and with the advice and consent of the Senate.- If the Senate refuse to confirm the President's appointment, he makes another selection. If the Senate approves his appointment, the judge holds office "during good behavior;" that is, he holds office for life, un- less he voluntarily retires or is removed. For corruption or oppression in office he may be impeached by Congress and removed ; and for private crimes he may be tried as any other citizen. But aside from these exceptions, he may hold office during life. If he desires, after reaching the age of seventy years he can retire, if he has served ten years, and his salary will continue until his death. It was supposed that if such a provision were made for these judges they would be inde- pendent and free to do right without fear or favor. 165. Salaries. — And the same idea led to the provision that the salary of no judge shall be diminished while he re- THE JUDICIAL DEPARTMENT. 213 mains in office. His salary may be increased, but it cannot be made less than it was at the time of his appointment. Thus the salary of the Chief Justice in 1789 was made $4,000; in 1873, $10,500; and in 1911, $15,000. His salary has never been reduced. Each of the other justices of the Supreme Court receives $14,500 per year; a circuit judge, $7,000; a district judge, $6,000. And in some cases the necessary traveling expenses incurred by them in attending court are paid by the Government. 166. Jurisdiction of What Causes. — Usually the Fed- eral courts have nothing to do with disputes between citizens of the same State, nor with punishing the violations of the laws of any particular State. Before they can interfere in controversies wholly within a State it must be made to appear that some of the parties have been denied some right guaranteed by the Constitution or laws of the United States. Federal courts concern themselves almost entirely with dis- putes between States, and disputes between citizens of dif- ferent States. They also settle controversies at sea between ship companies, passengers and shippers, and the rights of aliens and citizens under treaties. And they of course settle disputes which arise over commerce among the States, and injuries to railroad employees engaged in interstate com- merce. 167. Trial by Jury. — The Constitution says that "the trial of all crimes, except in cases of impeachments, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed." And by the Sev- enth Amendment it is provided that in suits at common law for money or property, where the value of the thing sued for "shall exceed twenty dollars, the right of trial by jury shall be preserved." Thus, trial by jury in suits on con- tracts and for damages, and in criminal cases, is a part of the fundamental law. But trial by jury was no new thing; it had 214 CIVIL GOVERNMENT OF THE UNITED STATES. existed in this country long before the Constitution was adopted; in fact, from the time of the first settlements, and in England long before that. 168. In Criminal Cases. — The Constitution not only says that "the trial of all crimes . . . shall be by jury," but also that "such trial shall be held in the State where such crimes shall have been committed," and the Sixth Amend- ment went further and said that "the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State or district wherein the crime shall have been com- mitted, . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and tp have the assistance of counsel for his de- fense." 1. The trial is to be by a jury of the district for two reasons: First, it adds to the strength of society to require each community to say for itself whether or not it will pun- ish a crime committed in its own midst. Responsibility for the maintenance of order sobers a people. It leads inhabit- ants of the community to feel that the burden of preserving order is upon them. The best way to qualify a people for self-government is to permit them to share in the govern- ment and be responsible for the enforcement of its laws and authority. In the next place, the citizens of the district are likely to be less prejudiced against the accused, and less likely to be indifferent to his rights, and hence more likely to be controlled by the principles of justice, than those of a district far away. 2. A just government will insure accused persons a speedy trial. In some countries men are thrown into a prison for small offenses and kept there without trial for years and even a lifetime. No one knows whether they are guilty or not, and as a result the people look upon the govern- ment as cruel and oppressive. A trial should not be so post- THE JUDICIAL DEPARTMENT. 215 poned as to deprive society of protection against criminals, nor yet be so hurried as to deny the accused a fair trial. 3. All trials should be public. If they could be con- ducted in secret the enemies of the accused might so manipu- late things as to condemn him out of hate, and not for violating a law of the land. Besides public trials afford less opportunity to bribe judges, juries and witnesses. Unfair and corrupt practices cannot thrive in the blazing light of publicity'. When the trial is public, and speedy, and the accused is condemned by an impartial jury of his own com- munity, in the choosing of which he had something to do, justice is more likely to be done and the good of society con- served. 4. The accused has the right to be confronted with the witnesses against him. They meet each other face to face at the trial. He cannot be tried in his absence. If he escapes, the trial must be postponed until he is captured and brought into court. This is necessary, lest some advantage be taken of him in his absence. Depositions, or written testimony, in his behalf, may be taken elsewhere and read at the trial; but the witnesses against him must appear at the trial and testify in open court. 5. The court will also compel witnesses in his favor, if their testimony is shown to be material and valuable to him, to come into court and testify, whether he be able to pay their expenses or not. It would be clearly unjust to condemn any person if there are witnesses somewhere who could prove him not guilty, but whom he cannot obtain because of a lack of means. The Government does not wish to punish the innocent, and in order that? it may never do so it grants to the accused "compulsory process" to compel witnesses to come into court and testify in his behalf what they actually know. 6. The accused is also entitled to a lawyer or counsel to ^Lssist in his defense. If he is poor and unable to employ 216 CIVIL GOVERNMENT OF THE UNITED STATES. counsel, the court can compel members of the bar to defend him, free of cost. All these privileges, deemed by the framers of the Con- stitution necessary to a fair trial, are guaranteed to one liable to have his life or liberty taken from him by the court. The court must avoid every form of cruelty and oppression. But if, in spite of all these advantages for proving his inno- cence, an impartial jury of his countrymen declare him guilty as charged in the indictment, the accused must be punished in order to put a stop to crime. 169. In Civil Cases. — The Constitution as originally adopted said nothing about trial by jury in a contest for property. It seemed to. be assumed that a jury would be allowed in such cases according to the custom which had long obtained among all English-speaking people. But it was soon determined to remove all doubt about the matter by an amendment to the Constitution. By Amendment Seven it was declared that ''in suits at common law, where the value in controversy shall exceed twenty dollars, the right to trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law." This amendment did not create a jury trial to determine property rights; that method had long existed; it simply said that it should be "preserved;" that neither the courts nor the Con- gress should have power to take it away. It is the peculiar province of the jury to determine issues of fact. If the suit is for breach of contract, they decide (1) whether or not there was a contract, (2) and if so, whether or not it has been broken, and (3) if broken, how much has been the damage. If one sues to recover damages from a railroad for negligence in breaking his arm, the jury decide (1) whether or not the railroad w^ negligent, (2) and if so, whether or not that negligence resulted in breaking the arm, and (3) if so, how much is the damage. All these are ques- THE JUDICIAL DEPARTMENT. 217 tions of fact, which the jury are to decide, and the law is that they must find what facts are true, and make up their verdict accordingly. Neither the judge nor the appellate court will interfere with their verdict if there was any substantial evi- dence to support it, and the case was tried as the law requires. But of course if there is no such evidence, or if the case was not tried according to law, the trial judge or the appellate court will not permit their verdict to stand, for that would be unjust — and this is what is meant by the words "according to the rules of the common law" used in this Seventh Amend- ment. They mean that juries were to have the same powers after that amendment was adopted that they had long had in the courts of the colonies and in England, and that the judge must still have the right to say what was the law by which they were to be governed. Those rules are in force now, and will be so long as that amendment remains un- changed. They have become a part of the constitution or statutes of almost every State in the Union, and hence the proceedings and practice of all courts throughout the land are very much the same. We can then see how much they have done to systematize and harmonize proceedings in all American courts. 170. Indictment by Grand Jury. — It is provided by the Fifth Amendment that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a pre- sentment or indictment of a grand jury, except in cases aris- ing in the land or naval forces, or in the militia, when in actual service in time of war or public danger." A grand jury in most State courts is composed of twelve citizens, but in a Federal court it consists of "not less than sixteen nor more than twenty-three persons." 1. They meet in secret session, under oath, and inquire of witnesses summoned before them whether a crime has been committed, and if so they draw up and present to the court a formal written charge called an indictment, which authorizes 218 CIVIL GOVERNMENT OF THE UNITED STATES. the court to put the person named therein on his trial. It specifically informs him of the crime he is charged with having committed. The Sixth Amendment says that "the accused shall enjoy the right to be previously informed of the nature and cause of the accusation," and this indictment is for that specific purpose. It is placed in his hands before the day of the trial, and he cannot be tried for any other crime than the one therein charged against him. In this way the accused person is given a chance to meet and over- throw the charge, if false. A capital crime is one punishable with death, and the words "infamous crime," as here used, mean any kind of felony, which includes all crimes punishable by death or imprisonment in the penitentiary. Before one can be con- victed of such a crime in a Federal court, he must be in- dicted by a grand jury, and so long as the grand jury refuses to indict him he can never be placed upon trial. 2. Of course, these words from the Fifth Amendment do not mean that one arrested for crime cannot be "held" until he is first indicted. If that were the case many a crim- inal would escape punishment by leaving the country before the grand jury could meet to consider his case. The court meets at stated times, fixed by law, and the grand jury meets with the court, and always adjourns when or before the court adjourns. If a crime is committed before the next grand jury meets the person accused of that crime, by a complaint sworn to by some private citizen or some Govern- ment official, may be arrested and held, either by bail or in jail, until it does meet. If he can give a good bond in a suffi- cient amount to satisfy the court officer that it will cause him to appear at the next term of court and answer to any indictment that may be returned against him, he can, in most cases, by giving such a bond, have his liberty until the grand jury meets. If he cannot give such bond, or if he is accused of treason or atrocious murder, he is confined in jail. If THE JUDICIAL DEPARTMENT. 219 no indictment is returned against him by the grand jury when it meets, he can no longer be "held," but is given his liberty. If he is indicted he can again be admitted to bail until the day of his trial, at that term or a subsequent term, by giving a^new bond, unless he is charged with some "capital" offense. And he may be indicted by the grand jury although not pre- viously arrested or formally accused of a crime. The pur- pose of requiring him to give bond or of confining him in jail is to insure his presence at his trial if indicted, for he cannot be tried in his absence. His presence can be secured in most cases by the giving of a bond, whose makers obligate themselves to pay a certain sum of money if he does not appear; but it is supposed that one accused of treason or atrocious murder, for which he may if found guilty be put to death, will not appear for trial however large the bond he may give, and for that reason he is confined in jail until the time of his trial, or until the grand jury has refused to return an indictment against him. It is not denying him a "speedy trial" to hold him in that way for that length of time. The words of this amendment saying that "no person shall be held to answer" for a crime "unless on a presentation or indictment of a grand jury" simply mean that no person can be put upon trial in a Federal court until after an indictment has been returned against him by a grand jury. 3. It will be observ^ed that according to the Fifth Amend- ment persons "in the land or naval forces, or in the militia, when in actual service in time of war or public danger," may be "held to answer" for an infamous crime without being previously indicted by a grand jury. This is necessary for the preser\^ation of order in an army. "In times of war" men's passions break-loose, and if order is to be preserved in the army, the army must have the right to punish those sol- diers who break its regulations and commit crimes. The Army and Na\'y have their own system of trials, called a court-martial, which affords a summary and speedy way of 220 CIVIL GOVERNMENT OF THE UNITED STATES. holding in check or punishing their members who offend against their rules and regulations. 171. Twice in Jeopardy. — It is further said in the Fifth Amendment: "Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." This means that when the accused has once been acquitted by a trial jury he can never be tried again for the same of- fense, however much testimony may be found against him. He may be tried again and again until the jury finally agrees upon a verdict, but when that has been done he can not be tried again except on his own motion for a new trial; if ac- quitted, of course he will not ask for a new trial. And if once convicted and punished for a crime he can never be tried or punished again for that crime. 172. Self-Conviction. — ^Another part of the Fifth Amend- ment is: "No person shall be compelled in any criminal case to be a witness against himself." The accused per- son may, if he choose, testify in his own behalf, and if he does that, the Government has the right to cross-examine him, so as to test the truthfulness of his testimony; but he cannot be produced by the prosecution as a witness and tortured into testifying against himself. He must voluntarily do so, or not at all. Any person subpoenaed before a grand jury and asked to inform them concerning a crime in which he had a part, need do nothing more to shield himself than to say to them that his testimony might tend to incriminate him, and if he has a reasonable basis for his statement they cannot ►compel him. to testify further. 173. Due Process of Law. — ^The Fifth Amendment continues: "No person shall be deprived of life, liberty or property without due process of law." Due process of law means a hearing and a proceeding according to the law of the land.. It usually means trial by jury before a regularly elected or appointed judge; it means the THE JUDICIAL DEPARTMENT. ^ 221 observance of all those rights which have been discussed in this chapter, beginning with section 167. The provision that "no person shall be deprived of life, liberty or property without due process of law," therefore, means that no person can be de- prived of those things by any tribunal except a court, and then only when all his legal rights are observed at the trial. There is a similar provision in the Constitution of every State. Such provisions mean that the President, the Congress, the Gov- ernor, the General Assembly, and all private citizens and all public officials must yield obedience to the authority of the courts. They are meant to prohibit lynchings and mob vio- lence. The people have no right to inflict punishments according to their own will. Every person in a township or a county might gather in a crowd or mass-meeting and agree that an accused person should be punished in a certain way, and might proceed to inflict that punishment, but all of them would be law-breakers and every one of them a criminal. The courts have been established for the administration of justice, and in no other way and by no other body can it be legally administered. Questions on Chapter XVII. 1. Of what does the judicial department consist? (161) 2. Were there any courts before the adoption of the Constitution? (161) 3. How were laws of Congress enforced? (161) 4. What was the resuh? (161) 5. What was the result of creating United States courts? (161) 6. Why should there be United States courts? (161) 7. Why are courts necessary in a republic? (161) 8. What duty devolves on United States courts? (161) 9. Discuss the Supreme Court. (162) 10. What are the inferior courts? (162) 11. Discuss district courts. (162) 12. Circuit courts of appeals. (162) 13. Read what is said of the Court of Customs Appeals. (162) 14. What is said of the Court of Claims? (162) 15. How may the Supreme Court be a check on Congress? (163) 222 CIVIL GOVERNMENT OF THE UNITED STATES. 16. Where does it get that authority? (163) 17. What is the especial duty of that court? (163) 18. How and for how long are judges chosen? (164) 19. What are their salaries? (165) 20. With what disputes do not Federal courts deal? (166) 21. With what disputes do they deal? (166) 22. What does the Constitution say of trial by jury? (167) 23. Had there been jury trials before the Constitution was adopted? (167) 24. Where must jury trials occur? (168) 25. What rights shall the accused enjoy? (168) 26. What two reasons why the trial should be by jury of the dis- trict? (168) 27. What is said of speedy trials? (168) 28. Why should trials be public? (168) 29. Must all witnesses against the accused be present at the trial? (168) 30. Can he be tried in his absence? (169) 31. Suppose witnesses will not appear? (169) 32. Suppose he is too poor to employ counsel? (169) 33. Was jury trial in civil cases at first guaranteed by the Consti- tution? (169) 34. What did Amendment Seven declare? (169) 35. Did it create a jury trial in civil cases? (169) 36. What is the province of the jury? (169) 37. When will the judge interfere with their verdict? (169) 38. How is a grand jury composed? (170) 39. How is an indictment found? (170) 40. What is an indictment? (170) 41. What are its specific purposes? (170) 42. Can an unindicted person be convicted of a felony in a Federal court? (170) 43. If the accused is once acquitted can he be again tried for the same crime? (171) 44. Can'any person be forced to testify against himself? (172) 45. What is due process of law? (173) 46. What is said of lynchings? (173) MISCELLANEOUS PROVISIONS. 223 CHAPTER XVIII. MISCELLANEOUS PROVISIONS. 174. New States. — A part of section 3 of article 4 of the Constitution is: "New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as w^ell as of the Congress." Twelve States took part in framing the Constitution, and ten of these had adopted it at the time George Washing- ton was elected President. Rhode Island declined to send delegates to the Constitutional Convention, and did not adopt the Constitution for thirteen moaths after the first President was inaugurated in 1789. North Carolina had not adopted it at the time of his inauguration, and New York took no part in his election. But by May 29, 1790, all the thirteen original colonies had adopted the Constitution, and thereby they became subject to its authority. They had already been a part of the Union formed under the Articles of Con- federation, and all they had to do, therefore, to become a part of the Government created by the new Constitution, was to ratify it. But the words "admitted to the Union" have more than once been held to mean that Congress can prescribe the terms upon which "new States may be added to this Union.^' On January 19, 1791, Vermont was admitted to the Union as the first "new State." Since then thirty- four others have been admitted, and now the whole number is forty-eight, the last admitted being Arizona in 1912. Both Kentucky and West Virginia were formed into new States from territory formerly embraced within Vir- 224 CIVIL GOVERNMENT OF THE UNITED STATES. ginia; Kentucky, by the consent of the Virginia legislature; West Virginia, on the consent of its inhabitants. The ad- mission of West Virginia was not strictly in keeping with the Constitution, for it was not admitted with "the consent of the legislature" of Virginia. But Virginia had seceded from the Union at that time, and the counties now constituting West Virginia did not wish to secede, and petitioned Congress to be organized into a separate State and be admitted to the Union, and that w^as done. 175. Public Lands. — ^The Constitution says that "the Congress shall have power to dispose of and make all needful .rules and regulations respecting the territory or other prop- erty belonging to the United States." The Government from the beginning has encouraged its citizens to buy its lands and make for themselves homes. The usual price for the best lands in a State like Missouri was $1.25 per acre, but swamp and saline lands were sold for much less. The sale of these lands was made through the General Land Office at Washington, which issued to each purchaser a patent, or a written deed signed J3y the Presi- dent guaranteeing that the Government would protect the purchaser against the claims of all other persons. A United States patent, therefore, is the best basis one can have for a title to his land. In addition to the General Land Office, there are local land offices for the various districts in which the Government has land for sale. The unpatented lands within a State when "admitted" to the Union are retained by the United States until sold, then they become subject to the authority of the State, which prescribes rules by which they may be taxed and be sold by their owners to other persons. In several States, however, the Congress has turned over to them certain swamp lands, to be sold, and the proceeds applied to draining them; and again it has given other lands to a State in aid of a university or other schools. MISCELLANEOUS PROVISIONS. 225 The lands of the Louisiana Purchase have been disposed of by the Union as above set out, but Texas was not created out of territory belonging to the United States, but was ad- mitted to the Union as an "independent republic," and there- fore Texas has been permitted to dispose of her own public lands, and retain the money received therefor. In States west of the Mississippi River some of the lands, instead of being sold for so much an acre, were granted to actual settlers in quantities of 160 acres at the small fee of fifteen dollars, the settler having proved an actual residence thereon of five years. These were called homesteads. And from the earliest times lands have been given to soldiers in payment of services performed by them in war. These were called military bounty lands. 176. Regulation of Territories. — The population of America has constantly moved west. All the territory set- tled by English-speaking people west of the Mississippi River has been settled since the Constitution w^as adopted. As these settlers gathered in a certain region in such numbers as to indicate that they were there to stay and that others would rapidly join them, Congress would provide a government for them, under the clause of the Constitution which says that Congress shall "make all needful rules and regulations for the territory of the United States." It began by declaring that a certain tract of the country should be organized into a Territory to be known by a certain name, and be governed by a code of laws framed by a commission of three or four men, one of whom was usually the governor appointed by the President, another a judge, also appointed by him. These laws were reported to Congress, and if acceptable to it, were made binding by it upon all the inhabitants of the Territory. This simple government sufficed for a time, but as the set- tlers continued to grow more numerous, the Congress would authorize them to elect delegates to a territorial legislature, to frame laws for themselves, the Congress still retaining the " 15 226 CIVIL GOVERNMENT OF THE UNITED STATES. right to annul any law made by this legislature. Later on it authorized the people to elect delegates to a convention to frame a constitution as a basis for the admission of the Ter- ritory into the Union. If this constitution was acceptable to Congress and provided a republican form of government, the Territory was admitted to the Union as a State. But until admitted, its governors and principal officers were appointed by the President. 177. Oath of Office.— "The Senators and Represent- atives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound, by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States." 1. The oath prescribed by the Constitution for the President is in these words: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preser\je, protect and defend the Constitution of the United States." The oath that the Chief Justice must take is this: "I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal justice to the poor ^nd to the rich, and that I will faithfully and impartially discharge all the duties incumbent upon me as Chief Justice, according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States; So help rne God." And the oath of every justice of the Supreme Court, and of every circuit and every district judge is the same, with such variations only as must necessarily be made for a difference in the name of the judge and in the name of the court. The wording of the oath for other of- ficers varies according to their duties, but such oath always includes a pledge to support the Constitution of the United States. MISCELLANEOUS PROVISIONS. 227 Some persons, as for instance the Friends or Quakers, on account of their religious beHefs, will not take oaths, and hence they are required to "solemnly affirm." 2. The Constitution does not permit Congress to pre- scribe a religious test for office. The Government can not interfere with any man's religion. He can not be denied office simply because he adheres to certain religious teach- ings, nor because he is not a member of some religious denom- ination. Yet, nevertheless, in almost every oath the words, "So help me God," appear. But they are not regarded as a "religious test," but simply a solemn call on God to witness the promise that the man makes. 178. Private Property for Public Use. — ^The last clause of the Fifth Amendment is: "Nor shall private property be taken for public use without just compensation." One of the purposes of the Government is to compel men to respect the rights of others to enjoy their property; but to do this it must itself show that it respects the rights of its citi- zens to their own. Hence, it cannot take the property of any citizen w^ithout paying him what it is worth. If it needs it for a public use and cannot agree with the owner upon its value, it can have disinterested competent men to appraise it, and then having paid to the owner the amount of that appraisement, it can take it, without his consent. All per- sons hold their property subject to the right of the Govern- ment to take it for a public use. 179. Treason. — Every government must have power to punish those who rebel against its lawful authority. "Trea- son against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." It is the highest crime with which a person may be charged, and may be punished by the most severe penalties; but that punishment cannot work "corrup- tion of blood," which means that the crime cannot be visited upon the children of the traitor. On the contrary, the Con- 228 CIVIL GOVERNMENT OF THE UNITED STATES. stitution says that "all persons born in the United States" are citizens, and this means that the children of a person who has been convicted of treason are as much citizens as those of the most law-abiding patriot. "No person can be con- victed of treason except on the testimony of at least two witnesses to the same overt act, or on confession in open court." The Constitution nowhere says that where a per- son is charged with some other crime, there must be at least two witnesses to "the overt act" or he cannot be convicted, but in some States that is the rule. In most of them, how- ever, any kind of proof which "satisfies the mind of the jury beyond a reasonable doubt of the guilt of the accused" is sufficient to convict him. Fortunately, there have been few trials for treason in America. The most noted was that of Aaron Burr, charged with trying to organize the people of the Mississippi Valley into a separate government, and in that it was held (by Chief Justice Marshall) that treason must' be shown by some overt (that is, an open, public, manifest) act, and did not consist merely of treasonable intention and words. 180. Power to Enforce Its Authority. — After recit- ing in detail the powers given to Congress (which have been already discussed under proper heads) the Constitution says: "The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the fore- going powers, and all other powers vested by this Constitu- tion in the Government of the United States, or in any de- partment or officer thereof." This is a needed provision. A government must have authority to enforce the laws which the Constitution gives its legislative body power to enact. Those laws do not en- force themselves. The Government cannot depend on the whims or good will of the citizens to enforce them. It must invest certain officers with power to execute its will, and those officers are the courts and the various executive officers. MISCELLANEOUS PROVISIONS. 229 But this clause does not give Congress unlimited powers. It does not give it power to pass any law it may deem "neces- sary and proper." It has power to pass any law it may deem "necessary and proper" for enforcing the powers which the Constitution has vested in it and in other departments of the Government. But it cannot pass a law to enforce a power which has not somewhere in the Constitution been vested in the Union, and it was because it was feared that it might sometime un- dertake to do that that the Tenth Amendment was adopted, which says that all "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." So that when Congress desires to pass a law it deems "neces- sary and proper," the first inquiry is, has Congress been given by the Constitution power to pass such a law? If not, it should not be passed. But Congress itself may think it has power to pass it, and do so; then it will be for the Presdent to decide whether or not it has such power, and if he tihinks it does not, he vetoes the bill. If he signs it, it then becomes the duty of the Supreme Court, the first time it is asked to enforce it, to decide whether or not Congress was vested with power to enact it, and if it thinks not, the law becomes at once void and of no effect. But unless a law is in conflict with the Constitution the Supreme Court will not declare it void, however improper and unnecessary the judges may consider it. The remedy then is with the people, who at the next elections may elect other Congressmen who will repeal it; but if they cannot elect a Congress that will do that, it is their duty to submit to it. 181. Republican Form of Government. — The Constitu- tion says that "the United States shall guarantee to every State in this Union a republican form of government." Ours is a republic. Not only is the Union a republic, but each 230 CIVIL GOVERNMENT OF THE UNITED STATES. State is a republic, and the Constitution guarantees that each State shall remain a republic. And Congress usually does this when a State is admitted to the Union. Unless the constitution which the State has framed for itself provides for a ''republican form of government" the State will not be admitted, but will be continued as a Territory, and governed by such "rules and regulations" as Congress may deem "needful." For instance, suppose the State when it applies for admission has in the constitution it has made for itself declared that its chief officer shall be a king who shall have absolute power to nullify all State laws which do not please him; then Congress would deny admission to the State, and continue its territorial government, until a constitution was framed by the people of the Territory which provides for them a republican form of government. This clause does not guarantee a republican form of government for the Territories. In fact, we have already seen that "the Congress shall have power to make all need- ful rules and regulations respecting the territory of the United States." The Constitution nowhere says that Congress shall guarantee a republican form of government for the Terri- tories. On the other hand, the President has always ap- pointed their governors, and when those territories were first created the laws provided for them were made, not by the representatives chosen by the people, but by a few commis- sioners appointed by the President, and the laws drafted by them were appfoved or revised by Congress. But it has always been the policy of the Government to make the government of a Territory as nearly republican in form as possible and to turn over to the people therein the making of their own laws as soon as society therein became orderly and American. 182. Invasion. — "The United States shall protect" each State "against invasion." If Mexico were to send an armed force into Texas, it would be the duty of the President, MISCELLANEOUS PROVISIONS. 231 without waiting for a request from the Governor of that State or from her Legislature, to send a part of the standing army there to drive out the invaders. If the army were not suffi- cient, his duty would be first to call upon the militia of the various States to aid the army, and next on Congress to supply him with an army of volunteers. And if one State were invaded by another the President's duty would be the same. In all cases of "invasion" of a State by an outside force, it is the duty of the President to take the first step in protecting the State against it. 183. Domestic Violence. — But that is not true in case of violence or disorders among the people within a State. The Constitution says that ''the United States shall, on ap- plication of the legislature, or of the executive (when the legislature cannot be convened), protect each State against domestic violence." The duty is imposed on each State to maintain order among its own people. The President can- not interfere to put down an uprising among the people of a State against the State's authority, until the Legislature of the State or its Governor requests his aid, and that aid should not be requested until it is apparent that the State is not alone able to restore order. If the uprising is against the authority of the L^nited States government or some of its officers, the President may interfere, although the violence is entirely within a State; but in that case, the violence is not "domestic;" that is, it is not against State authority, but against National authority. The Constitution means that the United States government and the State government are both required primarily to maintain its own authority — with the right in each to call on the other for aid whenever aid is needed. 184. The Supreme Law. — As a final section on the Civil Government of the United States, this clause from the Constitution is appropriate: "This Constitution, and the laws of the United States which shall be made in pursuance 232 CIVIL GOVERNMENT OF THE UNITED STATES. thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges of every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." The State is bound to yield to the paramount authority of the Union. It must not only yield to the superior au- thority of the Constitution, but it must yield to all constitu- tional laws passed by Congress. It must also yield to all constitutional treaties made by the President and ratified by the Senate. The State has no choice in the matter; it must yield obedience to that superior authority whether^ it wants to or not. There is nothing humiliating to the States in that; they agreed to do that when they ratified the Constitution; and by keeping tliat agreement, each State is a joint partner in the best government in the world. Questions on Chapter XVIII. 1. Howrnay a new State be formed? (174) 2. How did the original thirteen States become a part of the Union? (174) 3. What was the first State admitted? (174) 4. How many have since been admitted? (174) 5. How was Kentucky admitted? (174) 6. How was West Virginia admitted? (174) 7. What does the Constitution say respecting territory? (175) 8. How has the Government disposed of the public lands? (175) 9. ^ What does the Government issue to each purchaser? (175) 10. What is a patent? (175) 11. When a State is admitted to the Union what is done with its unpatented lands? (175) 12. Why were the lands in Texas not claimed by the United States? (175) 13. How were homestead lands disposed of? (175) ^ 14. What are military bounty lands? (175) 15. Who provided the first government of a Territory? (176) 16. Under what authority? (176) 17. Describe the steps in Territorial government. (176) MISCELLANEOUS PROVISIONS 233 18. How did it provide for admitting a Territory into the Union as a State? (176) 19. What officers must take an oath? (177) 20. What is the President's oath? (177) 21. What pledge must the oath of every officer contain? (177) 22. Who may affirm instead of swear? (177) 23. What is said about a religious test for office? (177) 24. What about taking private property for public use? (178) 25. What is said about treason? (179) 26. What other laws may Congress make? (180) 27. Can it pass a law to enforce a power not given to the Union? (180) 28. What clause of the Cons titution prohibits it from doing that? (180) 29. When will the Supreme Court declare a law void? (180) 30. What remedy have the people then? (180) 31. What must the Union guarantee each State? (181) 32. How does Congress usually do that? (181) 33. Does this clause guarantee republican government for the Ter- ritories? (181) 34. How is each State protected against invasion? (182) 35. Who takes the initiative in case of domestic violence? (183) 36. When may the President aid in putting down an uprising against State authority? (183) 37. Suppose the uprising were against National authority? (183) 38. What is the supreme law of the land? (184) 39. Must a State yield to the authority of the Union? (184) 40. Is there anything humiliating in that? (184) CIVIL GOVERNMENT OF MISSOURI CIVIL GOVERNMENT OF THE STATE OF MISSOURI CHAPTER I. THE RISE OF THE STATE GOVERNMENT. 185. Origin. — The government of Missouri did not originate in charters from the king of England, as did those of the Colonies. Nor did it begin with small counties, which were afterwards enlarged and developed into a great State. On the contrary, it had its beginning in laws of Congress. Congress at the outset gave the people no voice in the kind of government they should have, nor did it permit them to choose representatives to make laws for them, or officers to enforce those laws. But as they became more numerous, and better acquainted with the meaning of self-government, it granted to them the right to choose representatives to make their laws, and after a few years it authorized them to form a State government and admitted the State into the Union as a full partner in the Republic, but it took care from the very first to see to it that the government that should finally be adopted by the people should be republican in form. 186. The Transfer to the United States.— By treaty made in Paris on April 30, 1803, France ceded to the United States the country then kpown as the Province of Louisiana, which embraced all that part of our country lying between the Mississippi River and the Rocky Mountains, except a part of Texas. Of course, what is now called Missouri was (237) 238 CIVIL GOVERNMENT OF MISSOURI. included in the cession. By the terms of the treaty "the inhabitants of the ceded territory" were to be "incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitu- vtion, to the enjoyment of all the rights, advantages and im- munities of citizens of the United States; and in the mean- time they" were to be "maintained and protected in the free enjoyment of their liberty, property and the religion which they profess." This was their only charter of political rights. But upon the terms of this treaty they insisted during all the territorial days, and when the great national struggle arose over the Missouri Compromise, they still insisted that what- ever privileges were enjoyed by the other States of right belonged to them. We shall see that for the most part Con- gress strictly adhered to the agreements of this treaty, and kept true faith with the inhabitants of the Louisiana terri- tory. On October 21, 1803, President Jefferson proclaimed the treaty ratified, and on October 31st Congress authorized him "to take possession of the territory and maintain the author- ity of the United States" therein. The existing government at that time was Spanish, and had been for many years, but the people were nearly all French. They had not been used to a republic. Neither they nor their ancestors had been trained in the principles of republican government. Of course, then, they were not prepared to maintain republican government in an orderly way. It was necessary to give them time to study the Constitution and the workings of the State governments along the Atlantic coast, and to learn the principles, the privileges and the responsibilities of self-gov- ernment. But the Congress was careful, in providing a government for them, to see to it that no injustice was done, that no cruel or tyrannical hand was laid upon them. The act directing the President to take possession of the territory required him to "maintain and protect the inhabitants of THE RISE OF THE STATE GOVERNMENT. 239 Louisiana in the free enjoyment of their liberty, property and religion." 187. The Successive Territorial Steps.— On March 10, 1804, the President, through Captain Amos Stoddard, of the United States Army, took formal possession of upper Louis- iana, at St. Louis, and on March 26th Congress divided Louisiana into two territories, and named that part of it which lies north of the 33rd degree of latitude (the northern boundary of the present State of Louisiana) the "District of Louisiana," and over that district extended "the executive power" then vested in the Governor of the Territory of In- diana, and provided that he and the three United States judges of Indiana should establish inferior courts in' that dis- trict and **make all laws for the government of the inhabit- ants thereof." At that time William Henry Harrison, after- wards President of the United States for a short time, was Governor of Indiana, and the few laws made by him and these three judges went into effect on October 1, 1804. They were plain laws, easily understood, and provided for trial by jury, and were in other respects much like the laws of the States along the Atlantic coast. But the Governor of Indiana did not long exercise au- thority here; in fact, the arrangement by which the District of Louisiana was, for governmental purposes, attached to Indiana Territory, lasted less than a year. In March, 1805, Congress directed that "all that part of the country" which it had theretofore "called the District of Louisiana" should henceforth be known as the "Territory of Louisiana," and provided for a governor to "reside in the territory," and a secretary, and three district judges, all to be appointed by the President. The governor and the three judges were to "make laws for the government of the inhabitants," but these were to be laid before Congress, and if disapproved by it they were to be of no effect. 240 CIVIL GOVERNMENT OF MISSOURI. This was the plan until June 4, 1812, when Congress de- clared that "the territory heretofore called Louisiana shall hereafter be called Missouri," and that "the legislative power of the territory shall be vested in a General Assembly" to be composed of two houses, a Legislative Council and a House of Representatives. There was to be one Representative for "every five hundred free white male inhabitants," to be elect- ed by the people. The first, assembly was to meet in St. Louis, and to have thirteen Representatives, but this number was to be increased as population increased until the whole number reached 25, and thereafter there could be no larger number. The Governor (who was still to be appointed by the President) was to lay ofT "the territory into convenient counties," and designate a place in each where the people could vote, and appoint officers for conducting the first elec- tion, but thereafter all elections were to be regulated by the General Assembly. A Representative was required to be a land-owner, twenty-one years old, and a "white male resi- dent of the territory for at least one year." The Legislative Council was composed of nine members, and were chosen in an unusual way. The Representatives nominated eighteen "residents of the Territory, each possess- ing two hundred acres of land in his own right," and from this list the President selected nine jvho had to be approved by the Senate, and if the Senate rejected any name the Presi- dent had to choose another from among the eighteen names on the list. The nine men thus chosen constituted the Leg- islative Council, and held office for five years. But all "free white male citizens" of the Territory who were such at the time Louisiana was ceded to the Union were made eligible to hold any office, and given the right to vote. Hence, the French citizens (although not so designated) were given a preference over later English-speaking settlers, since they were not required to be land-owners in order to be eligible to office. THE RISE OF THE STATE GOVERNMENT. 241 The law of 1812 also gave Missouri Territory a delegate *n Congress, and provided for territorial courts of every grade, and vested in the Governor the power to appoint all judges thereof, and all other officers of the Territory. This was the territorial government provided by Con- gress for Missouri during the territorial days. On March 6, 1820, Congress provided a plan under which "the inhabit- ants" of that portion of "Missouri Territory" included with- in the present boundaries of the State except the Platte Pur- chase, were authorized to **form a constitution and State gov- ernment." This constitution was framed in 1820, and on August 10, 1821, Missouri, with the same boundaries it now has excepting the Platte Purchase, was admitted into the Union. The Constitution of 1820 remained in force until 1865 when it was supplanted by another, and that by another in 1875, and the one of 1875, with certain subsequent amend- ments, is now the fundamental law of the State governmerlt. Questions on Chapter I. 1. How did the government of Missouri originate? (185) 2. To what nation did Missouri formerly belong? (186) 3. How was it acquired? (186) 4. What great provision was in the treaty? (186) 5. Was Congress under obligation to faithfully carry out that pro- vision? (186) 6. Who was authorized to take possession of the territory? (186) 7. Who authorized him to do it? (186) 8. Why could not the people be permitted to form a government for themselves? (186) 9. What was the President directed to do in taking possession? (186) 10. What was the first arrangement? (187) 11. Who made the laws for the territory? (187) 12. Was Congress authorized by the United States Constitution to direct laws to be made in that way? (176) 13. What name was first given the northern part of the territory? What name was next given? And what was the third name?. (187) 14. Who made laws for the territory of Missouri? (187) 16 242 CIVIL GOVERNMENT OF MISSOURI. 15. How many Representatives, how and by whom elected, and qualifications? (187) 16. How many Councilors, how and by whom elected, and qualifi- cations? (187) 17. Who could vote? (187) 18. What other officers did the law of 1812 give Missouri Territory, and how were they selected? (187) 19. What is said about the organization of Missouri as a State and its admisvsion to the Union? (187) CHAPTER II. THE MISSOURI CONSTITUTION. 188. The Constitution.— The Constitution of Mis- souri is the fundamental law of the State government, just as we have seen the Constitution of the United States to be the fundamental law of the whole Union. The Constitution of a State may contain any provision that its people may wish to put into it, with one exception, and that is, it must not con- tain anything in conflict with the Constitution of the United States. . That means, it must provide for a republican form of government for the people of the State, and it must not authorize the Legislature or other State ofificers to exercise any power which we have seen the Federal Constitution de- nied to the States or provided that Congress alone should exercise. 189. How Framed and Adopted. — The Constitution of the United States Was ratified by conventions in the dif- ferent Staties, composed of delegates chosen for that purpose by the people; the present Constitution of Missouri was framed by a convention of delegates chosen by the people for that express purpose, and then submitted to the people at the polls, who adopted it on October 30, 1875. It took effect, according to its terms, on November 30th of the same year. THE MISSOURI CONSTITUTION. 243 190. Why Not Discussed at Length. — The Constitu- tion of Missouri is a lengthy document. It consists of fifteen articles and a schedule, and a full discussion of the whole of it would require a large volume. To set it out in full would take seventy or eighty pages of this book. Nor is that necessary. So much of it as should be known by the average student will be explained. 191. Bill of Rights. — Thirty-two sections of the Con- stitution, or all of Article II, are given up to a clear declara- tion of the rights of a citizen, the rights of the State and the rights of the Union. This article is called the * * Bill of Rights." It declares, among other things, that "all political power is vested in the people;" that "the people of this State have the inherent, sole and exclusive right to regulate the internal government thereof;" that "Missouri is a free and independ- ent State, subject only to the Constitution of the United States;" that "the people of this State will never assent to any amendment or change of the Constitution of the' United States which may in anywise impair the right of local self- government belonging to the people of this State;" that "all elections shall be free and open, and no power, civil or mili- tary, shall at any time interfere to prevent the free exercise of the right of suffrage;" that "all persons have a natural right to life, liberty, and the enjoyment of the gains of their own industry;" and "that to give security to these things is the principal office of government." Every State has a simi- lar bill of rights. They all set forth the rights of the people, and the purposes for which government among them is estab- lished. 192. How Amended. — The Constitution prescribes two ways by which it can be amended. The first is for the Leg- islature, or the people by an initiative petition, to propose an amendment to a certain section, to be submitted to the voters at the next general election, and if a majority of those 244 CIVIL GOVERNMENT OP MISSOURI. voting on the proposition vote for it it becomes a part of the Constitution. This would seem to be a very easy way; in fact, too easy. It does not require a majority of all the voters voting at the election to vote for the amendment; it simply requires that there be more votes "yes" than "no." The amendment is printed on separate election ballots, and those who desire its adoption simply scratch out the word "no," and all ballots scratched in that way are counted for the amendment. But if the voter does not scratch out either the word "yes" or "no," the ballot is not counted either for or against the amendment. A majority of the voters who go to the polls and vote for candidates for office do not vote either yes or no; it is usually only those voters whose atten- tion has been called to it and who have thereby been aroused to favor or oppose it, that vote on the proposition at all. So that it comes about that no amendment ever receives a major- ity of all the votes cast at the election. The result for some years was that several amendments were adopted that never would have been had all the voters taken the pains to vote "on the proposition." But in recent years this method of amending the Constitution has not proved an easy way. Between 1910 and 1914 thirty-one amendments were proposed and all of them overwhelmingly defeated. There were two reasons for this result. The first was that proposed amendments must be voted for at the general election held in November, when national, state and county officers are elected. In the campaign preceding that election the public interest is absorbed almost entirely in party policies and in electing or defeating the various candidates. There is little discussion of the pro- posed amendments, either by public speakers or the press. So serious a proposition as one to amend the Constitution should not be decided at a general election, when it will be overshadowed by partisan politics, but at a special election separated from contentions for office, when the minds of the. people are free to consider it on its merits. The second reason THE MISSOURI CONSTITUTION. ' 245 is that at those elections a large number of amendments were proposed, some of which were very obnoxious to the people, and in order to defeat them they voted "no" on all, and the result was that some very meritorious amendments, that if separately proposed would have been adopted, were defeated, along with the bad ones. The unanimity with which a large number of voters vote no on every amendment, in order to be sure of voting against some they do not like, has made it al- most impossible to amend the Constitution by this seem- ingly easy method. The second method of amending the Constitution is much more difficult. It consists of four steps: (1) The Legislature authorizes a vote of the people on the calling of a convention to revise or amend the Constitution. If a ma- jority of the persons voting on the proposition vote for such convention, then the Governor fixes an election day when (2) delegates may be chosen thereto, and these delegates when they meet in convention (3) may revise the Constitution to any extent they please, and then (4) the Constitution as thus revised and amended is to be submitted to a vote of the peo- ple at an election held for that purpose and they must adopt or reject it as a whole, by a majority of the votes cast. Thus before a general change in the Constitution can be secured the proposition must come before the people at three separate elections. This is right. The fundamental law of a people should not be changed unless there is a clear necessity for it. 193. The Three Departments. — The Constitution divid- ed "the powers of government" into three departments similar to the three departments of the government of the United States. There is an executive, a legislative and a judicial department, and each is distinct and separate from the others, "and no person, or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any power properly belonging to the others." The Governor cannot, for instance, call a grand 246 CIVIL GOVERNMENT OP MISSOURI. jury or direct what decision a court shall render, for that is a judicial matter. The Supreme Court cannot compel the Legislature to pass a law, or restrain it from passing one, for that is a legislative matter. The Legislature cannot shackle the courts so as to compel them to render a certain decision. The duties of each department are laid out in the Constitution, and ' government is stronger and better when each confines itself to its own work. 194. Executive Department. — The chief executive of- ficers of Missouri are a Governor, in his absence a Lieuten- ant-Governor, Secretary of State, State Auditor, State Treas- urer, Attorney-General and Superintendent of Public Schools. These are all provided for by the Constitution, and hence the Legislature has no power to abolish their offices. They are all elected by the people. There are other State executive officers, such as Public Service Commissioners, Superintend- ent of Insurance, Bank Commissioners, Labor Commissioner and Adjutant-General, but they are not mentioned in the Constitution, but have been provided for by the General Assembly, and are appointed by the Governor. There are other executive officers provided for by law for counties, cities, schools and the various institutions belonging to the State. These will be discussed elsewhere. 195. Legislative Department. — The law-making body is the General Assembly, composed of two houses, a Senate and a House of Representatives. In each city there is a minor legislative body called a municipal assembly, council, or board of aldermen, and these will be discussed under the heading of Cities, Towns and Villages. 196. Judicial Department. — The judiciary of the State consists of one Supreme Court, whose sessions are held at Jefferson City; the St. Louis Court of Appeals, the Kansas City Court of Appeals and the Springfield Court of Appeals, which are appellate courts in misdemeanor cases and in civi THE MISSOURI CONSTITUTION. 247 suits in which the amount of money in dispute is less than $7,500; the circuit courts, each of which has jurisdiction over one or more counties, and are the great trial courts of the State; probate courts, for the settlement of the estates of deceased persons and the care of the persons and the manage- ment of the estates of orphaned minors and insane persons; and justices of the peace for each township. There' are also in certain parts of the State courts of common pleas and criminal courts. Question on Chapter II. 1. What is the fundamental law of the state and how far is it such? (188) 2. What must it provide? (188) 3. Can the State exercise any power denied it by United States Con- stitution? (188) 4. How was the Missouri Constitution framed and adopted? (189) 5. Why is it not discussed at length? (190) 6. Mention some declarations of the Bill of Rights. (191) 7. What is the first way in which the Constitution may be amend- ed? (192) 8. To be adopted must the proposed amendment receive a majority of all the votes on the proposition? (192) 9. Who usually vote on the proposition? (192) 10. Discuss at length why it has become, so difficult to amend the Constitution in this way? (192). 11. W^hat is the other method by which the Constitution may be amended? (192) 12. What three departments of government? (193) 13. Explain" how they are separate and distinct. (193) 14. Who are the chief executive officers? (194) 15. Are there any others? (194) 16. What is the law-making body? (195) 17. Are there any minor legislative bodies? (195) 18. Of what courts does the judiciary of the State consist? (196) 248 CIVIL GOVERNMENT OF MISSOURI. CHAPTER III. THE GENERAL ASSEMBLY. 197. Composed of Two Houses. — The General Assem- bly of the State of Missouri is usually spoken of as the Legis- lature, but it is not so designated in the Constitution, nor in the statutes. It is composed of two houses, the Senate and House of Representatives. And here again, as with the Congress, the Senate is sometimes referred to as the Upper House, and the House of Representatives as the Low- er House. But those designations have no real significance, and are not justified by any law, or by any other fact, unless it be that the office of Senator is considered somewhat more honorable and powerful than that of Representative. The use of these terms reminds one of the old Colonial days along the Atlantic coast, when the Governor's council was styled the Upper House, and the people's representatives or the assembly were spoken of as the Lower House. That use is now chiefly of interest as an historical illustration of the fact that a law or custom may survive in the minds of the people Jong after it has in fact been abolished. 198. The House of Representatives is the most nu- merous branch of the General Assembly. Its members are chosen at the general elections in November of each even- numbered year for a term of two years beginning the follow- ing January. Each county is entitled to one Representative, and the larger counties to more than one. The method of apportionment, which is made once in ten years, is a peculiar one. First, a ratio is obtained by dividing the whole num- ber of inhabitants in the State by 200. Then each county that has two and one-half times said ratio is entitled to two Representatives; each county having four times said ratio THE GENERAL ASSEMBLY. 249 is entitled to three; each county having six times said ratio is entitled to four, and so on above that number, there being one additional Representative for every two and one-half ratios. This ratio at the present time is about 16,467, so that a county must have about 41,167 inhabitants before it can have two Representatives, about 65,867 before it can have three, about 98,800 before it can have four, and for every 41,167 inhabitants above that number it can have one more Representative. This rule of apportionment will, for many years at least, give the rural communities a majority of Representatives in the General Assembly. More than half of the population of the State might be in two or three large cities, yet a majority of the Representatives would still come from that part of the State outside of such cities, because each county, however few its inhabitants, must have at least one Representative. Representation in the House is largely representation by counties, though partly in proportion to population. In New England, where towns take the place of counties, representation in the House is even more emphat- ically representation by towns, though partly in proportion to population. We shall see in the next section that repre- sentation in the Senate is according to population. The General Assembly, guided by this rule of apportion- ment, determines the number of Representatives to which a county is entitled, and it is required by the Constitution to do that "at the first session of the General Assembly" after the taking of each decennial census. When by a law the General Assembly hcis said what number of Represent- atives a county may have, if more than one, it becomes the duty of the county court to divide the county into an equal number of legislative districts, having about the same num- ber of inhabitants, and thereafter for the next ten years one Representative is elected from each by the voters residing therein. That is the rule for the entire State unless a county is entitled to ten or more, which means for the whole State 250 CIVIL GOVERNMENT OF MISSOURI. except St. Louis, which is classified as a county. In such a county, or that city, the circuit court divides the county into districts so as to give to each district not less than two nor more than four Representatives, and they are required to be residents of the district by which elected. 199. The Senate. — The Senate is composed of thirty- four Senators, elected by the people of their respective dis- tricts, each for a term of four years. At the first session of the Legislature after the taking of the decennial census, the State is divided into thirty-four districts "as nearly equal in population as may be" without dividing any county. These districts are numbered from 1 to 34, and on Presidential years one Senator is elected from each of those having odd numbers, and two years later one from each of those having even numbers. A county cannot be partly in one district and partly in another, but it may have more than one Sen- ator if it has the requisite number of inhabitants. The ad- vantage of the rule requiring one-half the Senators to be elect- ed every two years is that at the opening of each session one- half of the Senators are experienced members. If the Legislature fails to divide the State into senatorial districts, it becomes the duty of the Governor, Secretary of State and Attorney-General to do so within thirty days after the Legislature adjourns. W^hen by such division, whether made by those officers or the Legislature, a county (such as St. "Louis or Jackson County) is entitled to more than one Senator, it is the duty of the circuit court to divide it into as many districts as it is entitled to Senators, and then one is elected from each district by the people thereof. The General Assembly has rarely been able to agree up- on a bill dividing the State into senatorial districts. It failed to do so in 1891 and 1901, and the districts were formed by the three executive officers named above. In 191 1 it again failed to do so, and the three executive officers could not agree upon the formation of districts. The Secretary of State and Attor- THE GENERAL ASSEMBLY. 251 ney-General did agree, rearranged the districts, and filed in the office of the Secretary of State a full statement of the dis- tricts formed by them, in the manner required by the Con- stitution ; but the Constitution says that the formation of dis- tricts by the executive officers shall be binding and effectual ''upon the. proclamation of the Governor," and he refused to make such proclamation, and the Supreme Court held that without his proclamation such a formation was ineffectual, and hence the attempted division failed. The result was that the senatorial districts remained for the next ten years just as they were formed in 1901. 200. Presiding Officers. — ^The presiding officer of the House is the Speaker, who is chosen by the Representatives from among themselves. To preside in his absence there is a Speaker pro tempore, chosen in the same way. The presid- ing officer of the Senate is the Lieutenant-Governor, who is made such by the Constitution. To preside in his absence the Senators choose from their own number a President of the Senate pro tempore. The Speaker may be removed from his position by a majority of the Representatives at any time; the Lieutenant-Governor can be removed as presiding officer of the Senate only by being rem.oved from his office as Lieu- tenant-Governor, that is, by impeachment. The records of the Senate are kept by a Secretary, assisted by numerous clerks, all elected or appointed by the Senate. The records of the House are kept by a Chief Clerk, who is assisted by numerous other clerks, all elected or appointed by the House. Each house elects a sergeant at arms, a doorkeeper and a chaplain. The Speaker and Lieutenant-Governor usually appoint the committees of the respective houses. They are not given that right by the Constitution or the statutes, but it is a privilege usually accorded to them. But a majority of either house can at any time order its committees to be appointed 252 CIVIL GOVERNMENT OF MISSOURI. in some other way, and the Senate in late years has author- ized the President pro tempore to appoint its committees. 201. Qualifications. — A Senator must be thirty, and a Representative twenty-four, years of age. A Senator must have been a qualified voter of this State for three years prior to his election, and a Representative a qualified voter for two years, and both must be male citizens of the United States; that is, either born in the United States or naturalized. A Senator must have resided in his district for one year before his election, and a Representative in his county or district for the same length of time ; and each must have paid a state and county tax within the year preceding his election. 202. Compensation. — The pay of a Senator or Rep- resentative is five dollars a day for the first seventy days of an ordinary sCvSsion, and one dollar per day for the remainder of such session. For revising sessions they are paid five dollars per day for one hundred and twenty days, and one dollar a day thereafter. In addition to this, each member of either house is allowed necessary traveling expenses frorn his home to the capital aiid for the return, and thirty dollars for postage and other like expenses. The pay of a Senator or Representative is ridiculously low. It is not claimed that it is a just compensation to a worthy legislator for the public service he renders. Mem- bers of Parliament in England have never been paid any salary, and the view long prevailed in America that it was dishonorable for a legislator to receive money for making laws for his peo- ple, and that his whole pay should be such an amount as would reimburse him for his actual expenses, and that idea still persisted when our Constitution was framed in 1875. It was an idea that might have been patiently tolerated in the days when only men of much leisure and independent fortunes were members of legislative assemblies; but we have reached the time in America when all men who are fit to be legislators THE GENERAL ASSEMBLY. 253 and are capable of making laws for a great State are men who in some honorable way work for their living, and that being true, members of the Legislature should be paid a just compensation for their services to the State. 203. Holding Other Offices. — No Senator or Repre- sentative shall "during the term for w^hich he shall have been elected be appointed to any office under this State or any municipality thereof." This is one of the wholesome pro- visions of the Constitution. It was designed to prohibit legsilators from creating new offices for themselves, and from increasing the salaries of some county or city office to which they might expect to be appointed, and also to leave them free to legislate as the public interest might require. All tempta- tion of that kind is removed from the legislator by this pro- vision. The Legislature may create a new office, and the legisla- tor may resign his seat and be elected to it. But he cannot be appointed to it at any time during the time for which he was elected ; that is, during two years if a Representative, or four years if a Senator. Even if he were to resign he could not be appointed to any other office under the laws of this State until the term for which he was elected had expired. He may resign and be elected by the people to any such other office, but he cannot be appointed. In this way the people have a chance to determine whether or not he used his posi- tion as legislator for his own benefit in creating a new office or in increasing the salary of one already created. Of course, he may resign and be appointed or elected to any United States office, but by resigning he does not become eligible to be appointed to any state, county or city office, either by the Governor, or by any board or by any court or by any mayor. Nor can a member of Congress, or any person holding any lucrative office of the United States or of this State, be at the same time a member of the General Assembly. The meaning of these provisions in the Constitution is that mem- bers of the Legislature are not in any wise to become entan- 254 CIVIL GOVERNMENT OP MISSOURI. gled with the duties of any other office which might interfere with their duties as legislators. 204. Oath of Office. — Every officer in this State, from the highest to the lowest, is required to take an oath of office. That prescribed by the Constitution for the members of the Legislature is in these words: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Missouri, and faithfully perform the duties of my office ; and that I will not knowingly receive, directly or indirectly, any money or other valuable thing, for the performance or non-performance of any act or duty per- taining to my office, other than the compensation allowed by law." If any person elected to the office of Senator or Rep- resentative refuse to take this oath, he thereby vacates the office. The oath for other officers varies slightly from this, the variation having regard to the duties to be performed by them. 205. Sessions. — The General Assembly meets in regu- lar session on the first Wednesday after the first day of Jan- uary of each odd-numbered year^ and fixes its own time for final adjournment. An extra session may be called by the Governor at any time, but such session can consider only the subjects mentioned in the Governor's call or in special mes- sages sent in by him after it convenes. The proceedings are public, the Constitution saying that "the sessions of each house shall be held with open doors, except in cases which may require secrecy." 206. Powers of Each House. — Each House has the right to appoint its own officers, and to determine the right of any member to his seat, and to make rules for governing its proceedings. It may punish any disorderly member, and with the concurrence of two-thirds of all the members may expel a member; but no member who has once been expelled and has again been elected by the people can be again ex- pelled for the same cause. THE GENERAL ASSEMBLY. 255 207. A Law, How Passed. — A bill to become a law must receive the vote of a majority of the members elected to each house and be signed by the Governor; or, if vetoed by the Governor, that is, returned to the House in which it orig- inated without his signature and with his objections, it must then receive the votes of two-thirds of the members of each house. If the Governor does not, within ten days, approve or disapprove a bill, nor return it to the house in which it originated, it may, by a resolution passed by both houses reciting such fact, become a law anyhow. If the General Assembly has adjourned within ten days after a bill is pre- sented to the Governor, he may, within thirty days, return it to the Secretary of State with his approval or veto; and if approved by him within that time it becomes a law; if vetoed, it does not become a law. 208. Committees and Rules. — The rules adopted by each house provide for the appointment of numerous com- mittees. To one of these committees a bill when introduced in either house is referred, and that committee will report it back to the house with a recommendation that "it do pass," or that "it do not pass," or that "it pass with certain amend- ments" proposed by the committee, or that a substitute framed by the committee be passed in its stead. Then the bill is again in the house, and when it is called up there other amendments to the original bill or to the amended bill or to the proposed substitute may be made by the whole house. The next step is to pass the original bill or the amended bill or the substitute to engrossment. If it is not ordered en- grossed that is the end of it ; but if it is passed to engrossment it is printed, and its number placed on the calendar of bills ready for final passage, and in due course that number is reached on the call of the calendar, and the bill as engrossed put on its final passage, and then it must receive the votes of a majority of all the members of the house or fail of passage. 256 CIVIL GOVERNMENT OF MISSOURI. If it receives such a majority, it is sent to the other house, and there it is referred to the proper committee, which re- ports it back to that house with a recommendation that "it do pass" or that "it do not pass," or that "it pass with cer- tain amendments" proposed by the committee, or that a sub- stitute framed by the committee be passed in its stead. Then it is back in that house, and when it is called up there other amendments to the bill as it was received from the other house or to the committee's proposed substitute may be made or an entirely new substitute may be adopted. The next step is to pass the bill thus adopted to engrossment; if that is done, it is printed, and placed on .the calendar of bills ready for final passage, and when it is reached on the calen- dar it is put on its final passage, and if a majority of all the members of that house vote for it, it is declared passed. If it has not been amended in any wise since it reached that house, it then goes to the Governor for his approval or veto. If it has been amended in that house, it must then returij to the house from which it came, and if that house concurs in the amendments, it goes to the Governor; if that house does not concur in the amendments, it can indefinitely post- pone any further consideration of the bill, or ask for a com- mittee of conference to meet a like committee from the other house. These committees, when they get together and agree on the points in dispute, make the same report to their re- spective houses, and then if their recommendations are adopted by both houses the bill with their recommendations is declared passed and goes to the Governor as before. But if those conference committees cannot agree, they so report to their respective houses; then the house refusing to concur in the amendments made by the-Other must recede from that action or the bill fails. Every bill must be read on three different days in each house. It is read the first time (by its title only) on the day it is referred to a committee. It is read the second time when THE GENERAL ASSEMBLY. 257 it comes up for engrossment, and the third time when it is put upon its final passage. Each of these actions must be taken on different days. So the shortest time in which a bill can be passed through both houses is usually six days. Few bills ever have such an expeditious movement through the Legislature as that. 209. Journals of Yeas and Nays. — On the final pas- sage of a bill the roll of members is called and the vote is taken by yeas and nays, and the names of members voting for and against the bill are entered on the journal, and unless a ma- jority of all the members of the house vote yea the bill is declared lost. That journal is publislied in book-form after adjournment, in order that the people may definitely know how each member voted. It takes only a majority of those voting on the proposition to pass a bill to engrossment, not a majority of all members, and consequently the yeas and nays are rarely taken on the proposition to pass a bill to engross- ment, but on the demand of any two members a yea-and- nay vote may be taken on any question. 210. Appropriation Bills. — The Constitution of the United States provides that "all bills for raising revenue shall originate in the House of Representatives," and that has uniformly been held to mean that bills for the appropriation of public moneys shall originate in the House, too. But the Missouri Constitution contains no such provision. It pro- vides that "bills may originate in either house," and that means that bills for levying taxes and for the appropriation of public moneys may originate in the Senate as well as in the House. But in practice it has become the rule in the General Assembly for appropriation bills to originate in the House, but the Senate has the power to amend any such bill, just as it may any other bill. 211. •- Order of Appropriations. — But the Constitution fixes the order in which the Legislature must make appro- 17 258 CIVIL GOVERNMENT OF MISSOURI. priations. It must first provide for the payment of the in- terest due the Seminary Fund, the PubHc School Fund or other bonded debt, then for the support of the pubHc schools, then for the cost of collecting the revenue, then for the sala- ries of State officers, judges, etc., then for the support of the various asylums, and last of all for the pay of its own members and for other necessary purposes. Thus, the Legislature is compelled to provide for the support of the other branches of the government before its members can have their own small salaries and the compensation of its clerks paid, and in this way they are forced to see to it that the appropriations do not outrun the revenues that will be received into the Treas- ury during the next two years. 212. Money, How Paid Out. — Whenever any money belonging to the State, such as taxes or fees, or from what- ever source derived, is received by a county collector or any other officer, it must be paid into the State Treasury; and no money can be paid out by the State Treasurer or by the Governor or by any one else except in pursuance to appro- priation bills passed by the Legislature. The General Assem- bly must first determine how the public moneys are to be spent. That it does through appropriation bills, and the money can be spent in no other way except as in the appro- priation bills provided. But "money belonging to the State" does not usually mean the cost of collection. It usually means the net amount remaining after the expense of collecting it, such as the collector's commissions, is deducted. 213. Power of the Governor Over Appropriations. — But even then an appropriation bill is not final, for the Gov- ernor can strike from any appropriation bill containing sev- eral items any item he may object to. He must approve or reject all other bills as a whole; but to an appropriation bill containing several items he may append a statement of the items to which he objects, and then that part of the bill THE GENERAL ASSEMBLY. 259 fails. He cannot cut down the item; he cannot increase it; he must object to the whole item, or to none of it. Thus, a bill providing for the support of the State Normal schools and the University will contain seven items, one for each of the six Normals and one for the University. The appropri- ation for the Normals may, in his. opinion, be about right, but he may consider that for the University too large by one- half. But he cannot reduce that item by one-half; he must object to it as a whole, or not at all. If he objects to it he transmits his objection to the Legislature, if it is in session, and it can recast the item as it sees fit, but if it is not in ses- sion, the whole item fails. This provision of the Missouri Constitution which gives the Governor the right to object to any item of an appro- priation bill containing several items is very different from the provisions of the Constitution of the United States. The President has no such power as that. He must approve any appropriation bill as a whole, or veto it as a whole. From no bill passed by Congress can he strike out an item; what- ever its character, he must approve it as a whole or veto it as a whole. 214. Creating Debts. — The Constitution imposes rigid restrictions on the power of the State to contract debts. In only two instances can a State debt be now created. (1) On the occurring of an unforeseen emergency, or a casual deficiency in the State revenue, the Legislature, upon the rec- ommendation of the Governor, can contract a debt, by bonds or otherwise, not in excess of $250,000 for any one year, to be paid within two years after it was made. (2) On the occurring of an unforeseen emergency or a casual deficiency in the revenue, a debt in excess of $250,000 may be created only when two-thirds of the voters voting at an election held for that purpose authorize the making of the debt and the levy- ing of a tax sufficient to pay the debt within thirteen years. 260 CIVIL GOVERNMENT OF MISSOURI. The Capitol might burn, or there might be a violent up- rising of lawless persons which could only be put down at great and unusual expense. Either of those things would be "an unforeseen emergency," and to rebuild the Capitol or to meet the expense of putting down the uprising and restor- ing order, the General Assembly, upon the recommendation of the Governor, might authorize debts for any one year to the amount of $250,000. But if a debt in excess of that sum is heeded, either for those purposes or any other, it cannot be made until after two-thirds of the voters at an election not only consent that it be created, but authorize a levy of taxes to pay it within thirteen years. For no other purpose and in no other way can a State debt be legally created. At the time the present Constitution was adopted, the State had debts, in the form of bonds, made to aid the building of railroads, and for other purposes, and the General Assembly was authorized to provide for the is- suing of other bonds in renewal of those bonds, and that was done. But all the debts which the State owed at the time the Constitution of 1875 was adopted, except those due the Seminary Fund and the Public School Fund, which are in the the nature of permanent endowments of the State University and the public schools, have now been paid, and by an amend- ment to the Constitution made in 1902 only the interest due those funds is, for the present, at least, to be paid. Hence, a State debt can now be made only when an unforeseen emer- gency arises, or there is a casual deficiency in the revenue. As a matter of fact, only once since the adoption of the present Constitution in 1875 has any debt been authorized, and that was in 1911, when the people, by a vote of more than three to one, ratified a proposition submitted to them by the General Assembly, to issue bonds to the amount of $3,500,000, to be sold, and the proceeds to be used in building a new capitol, the old one having burned on February 5th of that year. The law under which those bonds were issued required the THE GENERAL ASSEMBLY. 261 levy of a special tax sufficient to pay the interest as it becomes due and to extinguish the entire debt within thirteen years. 215. Cash Basis. — The meaning of the various provi- sions of the Constitution in reference to appropriations and the contracting of debts is that the State's business shall be con- ducted on a cash basis; that all salaries and all current ex- penses shall be paid as they become due. That means that ap- propriations should always be kept within the anticipated revenues. But the Legislature, imprudently, or because of great public need, or even recklessly, may make appropria- tions in excess of the amount of money that will come into the State Treasury within the next two years. If that is done, the next Legislature may make appropriations for paying the deficiencies, but it is not compelled to do so, and if it refuses the unpaid persons who have done work or incurred expense for the State have no recourse. As a matter of fact, the Leg- islature has rarely refused to appropriate money to pay an honest obligation arising out of the acts of a former one. 216. Class Legislation. — ^The present Constitution pro- hibits the passage of special or local laws. All laws must apply alike to all persons or subjects of the same class. The Legislature cannot grant a special charter to one of several cities of the same class; but it is required to pass laws by which all cities of the same class may organize and conduct their governments. Thus, the laws regulating the affairs of cities of the fourth class apply to all cities of that class. The laws defining the duties of the county clerk define the duties of all county clerks. The Legislature cannot say that cer- tain named children shall be the heirs of a certain named citi- zen, but it can declare that the children or other persons shall be the heirs of all persons who may die in the future. It can- not vacate a certain public road, but it can by a general law prescribe the methods by which any public road may be va- cated. It cannot say that a certain named railroad shall charge a fare of three cents a mile for all passengers traveling 262 CIVIL GOVERNMENT OF MISSOURI. on its trains; but it can divide all the railroads in the State into trunk lines and branch lines, and declare that the trunk roads shall not charge fares in excess of three cents a mile, and that the branch lines may charge designated higher fares. All laws must apply alike to all subjects or persons belonging to a natural class. 217. Laws on What Subjects. — The General Assembly can make laws on a great many subjects; in fact, it can enact any law which it is not by the Constitution forbidden to pass. It could not enact a law abolishing the Supreme Court or other courts created by the Constitution, for the courts have by the Constitution been made a part of the govern- ment, just as has the General Assembly. Nor could it enact a law that abolishes the office of Governor, or other chief executive officers, for those officers have also been created by the Constitution. So the first question that every legis- lator must ask himself when he comes to consider a proposed bill is, Is it forbidden by the Constitution? And if the bill passes both houses, the first question the Governor must ask himself when it comes before him for approval is. Is it consti- tutional? If it is not, in his opinion, he must veto it, for the Governor takes the same oath as does the Senator or Rep- resentative, to "support the Constitution," and if he believes a law is forbidden by the Constitution, he is bound by his oath to veto it. And if he signs the bill, and it comes before the circuit judge or the Supreme judge, in a suit in which its constitutionality is properly assailed, he must refuse to enforce it if he believes it is clearly in conflict with the Constitution, for he, too, is bound by his oath to "support the Consti- tution." The next question the legislator or the Gover- nor will ask himself is. Is it wise? Is it needed? But the judge will not ask that question. It is not for the courts to say that a law is wise or needed. That belongs to the law-making body, and to the Governor, who has a veto power. But the courts will enforce a constitutional law, however unwise or silly the judge many consider it. THE GENERAL ASSEMBLY. 263 And so we may say that the General Assembly may enact any law it deems wise or needed, except such as are forbidden by the Constitution. But however wise or much needed, the Supreme Court will not permit a legislative act to be enforced if it is of the opinion that it is forbidden by the Constitution. The Legislature can enact any law not forbidden by the Constitution. But an executive officer can exercise no power except such as is specifically given him by the Constitution or the laws, and the courts will never inquire whether a law is wise or unwise. This is a marked distinction between the power of the Legislature and the power of an executive officer and the power of a court. 218. When a Law Takes Efifect. — No law passed by the Legislature, except the general appropriation act, ''shall take effect or go into force until ninety days after the ad- journment of the session at which it was enacted," unless there is attached to it an emergency clause, and two-thirds of all the members elected to each house "otherwise direct;" in which case, the law will take effect at once or at any subse- quent time that the Legislature may designate. 219. Laws and Revised Statutes. — All the laws passed at one session are published in one book called the "Laws" of that year. At the last regular session of each decade, called a revising session, all the laws of the State then in force are revised, collated and arranged under proper heads and in connected order, and published in one or more large vol- umes designated "Revised Statutes." The Revised Stat- ures of 1909 are three large volumes. They contain all the general laws passed by the Legislature at any time prior to such revision that had not been repealed. In these volumes the laws are collected into chapters and articles and sections, and the sections are numbered consecutively from the begin- ning to the end, just as the sections of this book are num- 264 CIVIL GOVERNMENT OF MISSOURI. bered. Each chapter is given an appropriate heading, and then the chapters are arranged in alphabetical order in each volume. 220. Impeachments. — The chief executive officers and the judges of the higher courts may be impeached for "high crimes and misdemeanors, misconduct, habits of drunken- ness, or oppression in office." An impeachment is a trial instituted in the General Assembly for the purpose of re- moving an important officer of the State from his office. The House must originate impeachments. It draws up the charges against the officer and sends them to the Senate, and the Senate hears the evidence and determines whether or not he is guilty of the things of which the House charges him. It takes two-thirds of the Senators present to convict, and a conviction means the removal of the officer from office and his disqualification to hold office thereafter. When the Gov- ernor is on trial the Chief Justice of the Supreme Court pre- sides. As a matter of fact, there has been no impeachment trial in this State since the adoption of the present Constitu- tion — so much for the uniform upright conduct of our judges and chief executive officers. Prior to 1875 four or five cir- cuit judges had been tried by impeachment, and one con- victed and removed from office. Since that time no motion has ever been made in the House to have any officer im- peached. 220a. Initiative and Referendum. — The people also have power to enact laws independently of the General As- sembly. By an amendment to the Constitution adopted in 1908 the people have power to propose statutes and amendments to the Constitution, and to enact or reject the same at the polls, and also have power to compel the submis- sion to the people, for their approval or rejection, of certain acts passed by the Legislature. The first of these powers is called the Initiative. Five per cent of the legal voters in two-thirds of the Congressional THE GENERAL ASSEMBLY. 265 districts in the State may sign petitions asking for the en- actment of a statute or an amendment to the Constitution, in which is set out the full text of the desired statute or amend- ment, and file them with the Secretary of State four months before the next general election, and at such election the statute or amendment is submitted to the people, to be voted on, and if it is approved by a majority of the votes cast there- on it becomes a law. The second power is the Referendum. Five per cent of the legal voters in two-thirds of the Congressional dis- tricts may sign petitions asking that a certain bill passed by the Legislature be submitted to the people for their ap- proval, and if such petitions are filed with the Secretary of State within ninety days after the Legislature adjourns, then the people vote on the bill at the next general election, and if a majority of the votes cast thereon are for it, it becomes a law, but otherwise it does not become a law. The Legisla- ture may itself submit an act passed by it to the people, and fix the time of the election at which the act is to be voted on ; and of course the Legislature can propose amendments to the Constitution. But laws on all subjects cannot be referred to the people. Those necessary for the immediate preserva- tion of the public peace, health or safety, and appropriation bills to pay the current expenses of the State government or to maintain the State institutions or to support the public schools, cannot be referred to the people. The purpose of this amendment was to restore to the people an expeditious method of enacting laws which the General Assembly will not enact and of nullifying an object- tionable law enacted by it. No statute has ever been proposed by initiative petition. By 1916 nine amendments to the Constitution had been pro- posed by that method, and all were rejected by the voters. Some of them were so unpopular that they carried down along with them others proposed by that method or by the Legis- 266 CIVIL GOVERNMENT OF MISSOURI. lature. In fact, between 1908 and 1916 thirty-four amend- ments, some of them very meritorious, were submitted to the voters, either by initiative petitions or by the General Assembly, and all were rejected except one — the one that authorized the Legislature to grant pensions to blind persons. In 1914 four acts which had been enacted by the General Assembly were referred to the voters by referendum petitions and all were by them made inoperative. The reasons for the defeat of these measures have been explained in Section 192. A modified form of both the Initiative and, Referendum has long been known in this State. Since 1887 the people by a properly signed petition have been able to compel the county court to submit to them a proposition to adopt the Local Option Law in their city or county; and for a longer time a dramshop license could not be granted in any county except upon a petition signed by a certain per cent of the taxpayers. The present law concerning the organization of those special road districts which are authorized to issue bonds and build permanent roads, cannot be put into force until a petition signed by at least fifty resident taxpaying voters is presented to the county court. And likewise a petition is necessary for the organization of a drainage or levee district. The prin- ciple of the Initiative is contained in all of these. Likewise has the principle of the Referendum, in a modi- fied form, long been a part of our law. A school district cannot issue bonds or incur a debt to build a school house, nor can a city issue bonds for any purpose, without referring the proposition to the people for their approval; and we have seen in Section 214, that, when the General Assembly wished to borrow money to build a new Capitol, it had to submit the proposition to the voters of the State. The Legislature since 1875 has had the power to frame an amendment to the Constitution, but to have any validity it had to be referred to the people and approved by them. The principle of the Referendum is embraced in all these. THE GENERAL ASSEMBLY. 267 So neither the Initiative nor the Referendum is wholly new to our law. The amendment of 1908 was a long step, and whether it will add to the peace and strength, or the dis- cord and confusion, of society, depends on the way it is used, the sense of justice of the people, and their intelligence. It attempts in a very large measure to substitute primary democ- racy for representative government, and in actual experience thus far almost nothing has been accomplished through it, largely because of the w^ay it has been used; and it is likely to continue to be true that the public welfare will not be pro- moted but often impeded, by its employment, unless the amendment is itself amended so as to separate the elections held under it from the general elections at which candidates for office are voted for, and so as to limit to a small number the propositions that may be voted for at any one election. Questions on Chapter HI. 1. How is the General Assembly composed? (197) 2. How many representatives? (198) 3. How and how often is the ratio obtained? (198) 4. How many ratios must a county have before it can have two Rep- resentatives? Before it can have three? (198) 5. How many inhabitants must a county have before it can have two Representatives? (198) 6. What will be the effect of this rule of apportionment? (198) 7. What kind of representation is representation in the House? In the Senate? (198) 8. What body fixes Representative districts? (198) 9. How many Senators? By whom elected? How elected? (199) 10. Can a county be partly in one district and partly another? (199) 11. Who is the presiding officer in the House? And of the Senate? Who presides in their absence? (200) 12. Qualifications of Senators and Representatives: 1, as to age? 2, as to being a voter? 3, as to residence? 4, as to being a tax- payer? (201) 13. What is a pay of a Senator or Representative? (202) 14. Can a Senator or Representative hold any other office? (203) 15. When does the General Assembly meet in regular session? In extra session? (205) 16. What subjects may be considered at extra sessions? (205) 268 CIVIL GOVERNMENT OF MISSOURI. 17. At regular sessions? (217) 18. What general powers has each house? (206) 19. When may it expel a member? (206) 20. Can he be twice expelled for the same cause? (206) 21. Why can he not? (171) 22. What must a bill receive to become a law? (207) 23. Suppose the Governor neither veto nor approve it? (207) 24. Suppose the Legislature adjourn within ten days after a bill reaches the Governor? (207) 25. When must the yeas and nays be called, and when may they be? (209) 26. May bills for raising revenue and appropriation bills originate in United States Senate? (210) 27. Where may they originate in the General Assembly? (210) 28. Is that the practice in reference to appropriation bills? (210) 29. How may public money be paid out? (212) 30. What power has the Governor over appropriation bills contain- ing several items? (213) 31. Does the President have that power? (213) 32. For what purpose may the State contract debts? (214) 33. Give example. (214) 34. How is the State's business to be conducted? (215) 35. Can a special or local law be passed? (216) 36. How must all laws apply? (216) 37. On what subjects may the Legislature make laws? (217) 38. Could it pass a law abolishing courts? (217) 39. What is the first question that every legislator, the Governor and every higher judge must ask himself? (217) 40. Why must they ask themselves that question?. (217) 41. What is the next question the legislator or Governor will ask him- self? (217) 42. Will the judge ask himself that question? Why not? (217) 43. What is a marked distinction? (217) 44. When does a law take effect? (218) 45. For what may certain officers be impeached? (220) 46. What is an impeachment? (220) 47. Where must impeachments originate and where are they tried? (220) 48. How many does it take to convict? (220) 49. What important amendment to the Constitution was adopted in 1908? (220a) 50. Can the people enact a law independently of the Legislature? How? What is that jfower called? (220a) THE GENERAL ASSEMBLY. 269 51. Can the people nullify a bill passed by the Legislature? How? What is that power called? (220a) 52. Has the Referendum ever been employed in this State? Has the Initiative? (220a) 53. Had a modified form of the Initiative and Referendum been em- ployed in this State prior to the amendment of 1908? Give some examples of such modified use of the Initiative. Of the Referendum. (220a) 54. Will this amendment prove useful or hurtful to society? (220a) STATE SENATORIAL DISTRICTS or MISSOURI CASS I 1 786^297 "^^T.S Warrensfcurg ^S«|daUa,i^ 82,973 VOHNSON 20,311 J^l 14,283 MARIES 82,4171 Wy 0/29,30,31 / ST. LOUIS 687,029 32,33,34 I* JASPER I ^°'Spririg fi°Kf^'^^ WEBSTERhVRIGHT 89,679 law/ .^Y^^ I , Q_L_ NEWTO 87,186 J JmC DONALD I 13,S39 8 BARRY ,DENT 24 '•f^'J 1 13,245 r' ^ ^^ TEXAS 21,458 CHRISTIAN 15,832 DOUGLAS 16,664 STONE 11,55' J TANEY OZAI HOWELL 21,065 '5,504 21-*Fy^ST00DARD\r^ss.S t-J 1 ^^\ 87.307 „UTLSIPP|' OREGON 14,681 Population by Counties, Census 7910. TOTAL 3,293,335 Senatorial Map. — In order that a clearer understanding may be had of the division of the State into Senatorial districts, a map is here printed showing the districts by number as made in 1901, and showing also the population of each coimty according to the census of 1910. These districts were not changed in 1911, nor since 1901. 270 CIVIL GOVERNMENT OF MISSOURI. CHAPTER IV. THE EXECUTIVE DEPARTMENT. 221. General Remarks. — Executive officers of the State and Union perform like duties. Their work pertains to the same kind of duties. In each case the executive officer per- forms some work prescribed by law. But the executive powers of the State and Union are very differently vested. We have seen that the Constitution of the United States says that "the executive power shall be vested in the President of the United States," and names no other executive officer. All executive power of the United States government is vested in him or in other officers under his control and ap- pointed by him or by other officers who have themselves been appointed by him. But our State Constitution says that "the executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General and Superintendent of PubUc Schools," and elsewhere it provides that the Legislature may create other executive officers for the State, and other execu- tive officers for the counties, others for townships and others for cities and towns, and it prescribes some of the duties of all these officers, and then directs that they shall perform these duties and such others as may from time to time be prescribed by laws passed by the Legislature. Thus we see that the Governor does not sustain the same relation to the State that the President does to the Union. He sustains the same relation to the Legislature in his veto power that the President does to Congress; but his relation to other executive officers is very different from the Presi- dent's. We also see that a State executive officer and a National executive officer are very differently related to the people. A National executive officer, from the Secretary of THE EXECUTIVE DEPARTMENT. 271 State down to the humblest postmaster, is "the President's hand," over whom he has control, since he is his representa- tive, and is often by him appointed and can by him be re- moved, and that power Congress cannot take from him. But the Governor has very little control over the chief ex- ecutive officers of the State and almost none oyer those of the counties. They are rarely appointed by him, but are elected by the people, and in most cases he cannot remove them, and has no control over the way they perform their official duties unless that power is clearly given to him by law. For malfeasance in office, or official corruption, he can sus- pend one or two of the State officers until the charge is inves- tigated by the Legislature or by the courts, but as a rule all executive officers except those appointed by him are not an- swerable to him for the way in which ^hey perform their official duties. 222. State Officer. — A State officer is one who per- forms official duties for the entire State, or a large part of it. They are those named in the preceding section, all of whom are elected by the people, and certain other officers appointed by the Governor, such as Public Service Commissioners, Superintendent of Insurance, Bank Commissioner, curators of the University, regents of the Normal schools, and boards of managers of the various penal and charity institutions. All these officers in some states are appointed by the Governor, and he thereby -becomes responsible to the people for their official conduct. But in this State, the chief executive of- ficers are elected by the people, and hence they are directly responsible to the people for the way they perform, their duties. 223. The Governor. — The Constitution says that "the supreme executive power shall be vested in a chief magistrate who shall be styled, 'The Governor of the State of Missouri,' " and requires that he "shall take care that the laws are faith- fully executed," but it does not clearly say how he is to do 272 CIVIL GOVERNMENT OF MISSOURI. that, and there are few statutes which give him specific au- thority of that kind. The Constitution does make him "conservator of the peace throughout the State," which means that he is not only High Sheriff, but something more than that. He is the commander-in-chief of the miUtia, and if a riot occurs, or an insurrection, which cannot be put down by the sheriff, he can send- the Adjutant-General with so much of the National Guard as may be necessary to restore order, and if that is not sufficient he can call out the militia, that is, the men of military age in the State, and require so many of them as may be necessary, to aid the sheriff or Ad- jutant-General in enforcing the authority of the courts, and in putting down mobs and riots and other lawless move- ments. But he has no control over the courts themselves, nor over prosecuting attorneys, nor over grand juries, nor over any other county officer except the sheriff, and then only when there is such an unusual disturbance that the sheriff cannot cope with it. His powers may be enumerated about as follows: 1. He can direct the Attorney-General to assist any prosecuting attorney in the discharge of his duties, and therein is found his greatest authority in times of peace to see that "the laws are faithfully executed." 2. He can call out the militia "to execute the laws, sup- press insurrections and repel invasions." 3. He can grant pardons, after conviction, and commute sentences to less punishment, and parole prisoners for good behavior. 4. He can call the General Assembly in extra session, and in that way, again, he can exert his influence, by message and otherwise, in securing the enactment of new laws and in inducing the Legislature to provide means for faithfully exe- cuting existing laws, but he cannot compel the Legislature to pass any bill or vote on any proposition. 5. He can veto bills passed by the Legislature, and THE EXECUTIVE DEPARTMENT. 273 then they can become laws only when two-thirds of the mem- bers elected to each house vote to pass them notwithstanding his veto. 6. When a vacancy in a state or district office occurs he fills it by appointment, or if it is an office that can be filled only by an election he calls a special election, and he fills vacancies in most county offices. 7. He is vested with power to appoint a number of state officers, and he likewise appoints the election commissioners of St. Louis, Kansas City and St. Joseph, and the police com- missioners of those cities, except the mayor. He appoints the governing boards of all institutions ^maintained by the State, such as the University, normal schools, reform schools and hospitals. And through these appointees, he can, if he desires, exert either a useful or hurtful influence on politics. 8. He appoints all notaries public, and issues commis- sions to all officers unless the law designates some other method for commissioning them. 9. To him the county clerks and boards of election com- missioners of St. Louis make return of the number of votes cast for Presidential electors of all parties, and he casts up and counts the votes, and declares what ones have been elect- ed, and issues to them certificates of their election. 224. Qualifications and Salary. — The Governor must be thirty-five years- old and must have been a citizen of the United States for ten years and a resident of this State for seven years before his election. His term of office is four years and he cannot be elected twice in succession. He receives a salary of $5,000 per year and lives in the Executive Mansion, provided and furnished by the State. The State pays all the current expenses of his office, and much of his household expenses. 225. Lieutenant-Governor. — The presiding officer of the Senate is the Lieutenant-Governor. He must have the 18 274 CIVIL GOVERNMENT OF MISSOURI. same qualifications as to age and residence as the . Governor, and for his services receives a salary of $1,000 a year, and in addition seven dollars for every day he shall actually preside in the Senate. He has no vote in the Senate except when Senators are equally divided. In case of a vacancy in the office of Governor, he becomes Governor for the residue of the term, and during the absence of the Governor from the State he also acts as Governor. He may resign or be removed by impeachment, as may the Governor, but in case of a va- cancy in his office no provision is made for filling the vacancy. The Senate elects a President pro tempore from its own members to preside in case of the absence, resignation or im- peachment of the Lieutenant-Governor, but this officer does not succeed to the office of Lieutenant-Governor in case a vacancy occurs in that office. No one does. If the office of Governor and Lieutenant-Governor both become vacant for any reason, the President of the Senate pro tempore at once steps into the office of Governor and holds it until the va- cancy be filled. If the office of Governor, Lieutenarit-Gov- ernor and President of the Senate pro tempore should all be- come vacant, then the Speaker of the House becomes Gov- ernor, but he can in no case become Lieutenant-Governor or President of the Senate pro tempore. 226. Secretary of State. — The Secretary of State is the custodian of the Great Seal of the State, which is used to authenticate many of the official acts of the Governor and of the State. In his office are kept all the original laws passed by the General Assembly, the publication and distri- bution of which he superintends. He has authority to say what corporations shall be licensed to do business in the State, and to such as he finds have complied with the law and are undertaking to do a lawful business he issues a cer- tificate of incorporation, licensing them to carry on that business; and he requires all corporations to make an annual report to him, showing the amount of their capital, how it is^ THE EXECUTIVE DEPARTMENT. 275 invested, and what taxes they have paid. When authorized to do so by the Governor, he issues commissions to all officers and notaries public, and to most elective officers, entitling them to assume the duties of said offices. He keeps the records of all lands belonging to the State, and when they are sold issues to the purchaser a patent signed by the Governor. He also issues licenses to the owners of automobiles, permit- ting them to travel on the highways of the State, and sees to it that those owners who undertake to use their automobiles without such a license are prosecuted. In his office is kept a record of the names of all county and district officers and of the time they entered upon their official duties. To him the county clerks and city election commissioners make returns of the number of votes cast for the various can- didates for state or district offices at any general election. In the presence of the Governor he counts the votes cast for Senator and Representatives in Congress, judges of the Su- preme Court, courts of appeals, and circuit courts, and State Senator, and certifies to the Governor the result of hi§ count, and the Governor issues to each of those shown by the count to have been elected a commission, which empowers him to take charge of the office. He also counts the votes cast for Governor, Lieutenant- Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General and Superintendent of Public Schools, and sends the result of his count to the Speaker of the House immediately after its organization, and then the House and Senate in joint session correct any mistakes in the count, and declare who have been elected to those offices. As the Legislature meets on the first Wednesday after the first day of January, and the terms of all these last named State officers do not begin until the second Monday of Jan- uary after their election, the count of the votes for the first set of officers above named is made in the presence of the retiring Governor, and the count for the second set is re- 276 CIVIL GOVERNMENT OF MISSOURI. viewed by the Legislature, and thus the count in all cases is finally determined by an impartial arbiter. To him also the county clerks and board of election com- missioners of St. Louis make return of the number of votes cast in their respective counties or city for candidates for nomination at any State-wide primary election for state and district offices, and he aggregates the votes so returned to him, and decides what persons have been nominated by their respective parties, and sees to it that their names are printed on the proper party tickets to be used at the forthcoming general election. 227. State Auditor. — The State Auditor apportions to each county its share of the state taxes, and settles with each county collector for the moneys coming into his hands belong- ing to the State. The law determines the rate of taxation for state pur- poses; that is, how many cents shall be paid on each $100 valua- tion, and the valuation is determined by the county assessors, the county boards of equalization, and the State Board of Equalization, and that is done in this way: The county assessor (in some counties, the township assessors) fixes a value upon each piece of property in the county, and then the county board of equalization determines whether that value is just and fair, and changes it accordingly; and the State Board of Equalization assesses the value of railroads, street railways and telegraph companies, and adds up the valu- ations made in the various counties, and decreases or increases the values fixed by the county boards, so that each county may bear its just share. Then the Auditor has a basis for determining just what share of the state taxes each county shall pay, for each county must pay so many cents (say 17) on each hundred dollars of aggregate valuation of all the property therein. The county court then levies that tax against the property in the county according to its valua- tion, and the county (or township) collector proceeds to col- THE EXECUTIVE DEPARTMENT. 277 lect it, and the money collected for state purposes is sent to the State Treasurer and a report of the amount is made to the Auditor. The law levies' an inheritance tax upon the es- tates of persons who die without children or other descendants, and that tax is collected by the county collectors through the probate courts, and reports of the amounts are made to the Auditor. He keeps an account of all moneys due the State from all officers and from all sources. The Auditor also issues warrants in payment of salaries of state officers, judges of the higher courts, the officers of the 24 institutions supported by the State, and to all other persons entitled to the State's moneys. The amount to which the various officers and institutions are entitled is determined by appropriation bills passed by the Legislature, and those bills are his authority for issuing the warrants, and he cannot issue a warrant for any purpose or to any person except as the appropriation bills authorize him so to do. Nor can he issue a warrant until there is sufficient money in the State Treasur>'' with which to pay it, duly appropriated for •that specific purpose. He also issues warrants in payment of certain costs in felony cases tried in the various courts of the State, and he must take care to see that no fee or charge of this kind is paid except such as is allowed by law and approved by the trial judge. The Auditor does not have in his custody any of the moneys of the State, but the Treasurer can pay out no money except on the Auditor's warrants, and it is the Auditor's duty to issue no warrant for the payment of money except when he is clearly authorized by law to do so. The Auditor also appoints examiners to visit all state institutions and most county offices, and examine and audit the accounts of their officers, and require them to faithfully ac- count for all public moneys that have come into their hands. 278 CIVIL GOVERNMENT OF MISSOURI. 228. The State Treasurer is the custodian of the State funds. All moneys belonging to the State are in his keep- ing. He pays the salaries of state officers, of the judges of the Supreme Court, circuit courts and courts of appeals, members of the Legislature, and all the other expenses of the State on warrants drawn on him by the Auditor. He is re- quired to give a large bond for the faithful performance of of his duty. In order that the State's money may not be idle, the Treasurer deposits it, subject to be drawn out at any time by him, in banks, which pay the State a small rate of interest for its use. His term is four years and he cannot be elected twice in succession. 229. Attorney-General. — ^The Attorney General is the legal adviser of all other state officers. He also represents the State in all cases to which it is a party before the Supreme Court, and has the authority, in the name of the State, to begin and prosecute all suits necessary to protect the rights and interests of the State. He can by the great writ of quo warranto institute suits against public corporations which exercise privileges not given them by law, or in defiance of law, and if successful in those suits the courts will punish such corporations by heavy fines or by ousting them from doing business in the State. He can also by the same writ oust a state or county officer who has not been legally elected to office or has obtained the office by corrupt means. Owing to the rapid formation in late years of trusts and combinations in restraint of trade by corporations of various kinds, his office has become one of the most powerful and im- portant in the State, for the duty largely falls to him to set in motion the machinery of government for breaking up such unlawful combinations. 230. Superintendent of Public Schools. — The duties of this officer are indicated by his title. He is the general superintendent of the public school system. He advises county superintendents, school boards and teachers as to the THE EXECUTIVE DEPARTMENT. 279 meaning of the school law, and helps them solve their finan- cial and other problems. He apportions among the counties the interest earned by the State School Fund and the money- appropriated by the General Assembly for the support of the public schools. He has authority to classify the high schools of the State, into first, second and third classes. The statute prescribes the studies to be pursued, the number of teachers and the length of term a high school must have and the num- ber of years of high school work it must do in order to be- long to one of those classes, and then he determines what high schools have measured up to those requirements, and places each in its proper class, and the law says that any student who has completed the course of study required of a school of that class shall be given full credit therefor as an en- trance requirement to any other school supported by state money. The State Superintendent can examine teachers and grant them certificates authorizing them to teach in the public schools. He visits teachers' associations and advises with teachers and patrons as to the best methods and needed means for improving the all-important work of educating the masses. Either he or his deputies visit and inspect rural, city and town schools, and make suggestions concerning the methods of instruction, the government of the school and the care of the school property. He prepares an annual report showing the number of teachers and pupils in the public schools of the State, the amount of money paid for teachers and the average wages of each, the cost of buildings, and other useful infor- mation, and is otherwise required to do what he can to elevate the standard of education in the public schools. 231. Salaries and Terms. — All the state officers here- tofore mentioned in this chapter are elected by the people for a term of four years, and all except the Governor and Treasurer may be re-elected as their own successors. The Secretary of State, Auditor, Treasurer and Attorney-General receive a salary of $3,000 a year each for performing their 280 CIVIL GOVERNMENT OF MISSOURI. duties as such officers, and besides they and the Governor • each receive $5 a day for their services as members of the State Board of EquaUzation, which usually is in session ninety days of each year. In addition, all of them occasionally receive compensation for special services rendered the State. The Superintendent of Schools receives an annual salary of three thousand dollars, and is allowed certain traveling expenses, in visiting teachers' associations and in otherwise performing his official duties. All these officers are required to reside at the State capital, and are furnished offices by the State, and are provided with assistants paid by the State. 232. The Public Service Commission is composed of five commissioners, appointed by the Governor, each for a term of six years. They receive an annual salary of $5,500. Its business is to compel railroads, street railways, electric light companies, gas plants, telephone and telegraph companies and other public utilities to obey the laws and operate their properties in the interest of the public and their stockholders. Within the limits of the highest and lowest rates fixed by law, it fixes the rates which railroads may charge for carrying persons or property from one point to another within the State, and requires them to furnish adequate service and safe cars, engines and other facilities. It prescribes the terms of their shipment contracts, prevents discrimination between shippers, and requires a return of overcharges. It requires railroads and street railway companies to keep a uniform system of accounts showing their receipts and expenditures, and determines the amount of stock and bonds they may issue, and other debts they may incur. It fixes the rates which private companies in any part of the State may charge for elec- tricity, gas, water or telephones, and has power to require their facilities to be adequate and safe, and the water to be pure, and has the power to deny to any new company the right to establish a light or telephone plant or water system in any town which already has one of adequate facilities or financial THE EXECUTIVE DEPARTMENT. 281 strength for supplying the pubHc needs. It is an administra- tive body of extensive powers. It was designed to aid the Legislature, and to supplement the decisions of the courts, in compelling all public service corporations (1) to render honest and reasonable service to their customers and'the public whom they agree to serve, and (2) to deal honestly with their stock- holders. It is aided in its work by numerous public account- ants, civil engineers, electricians and other experts. 233. The Insurance Department. — The Superintendent of Insurance is appointed by the Governor for a term of four years, and receives .an annual salary of $3,000. He issues licenses to, and has a general supervision over, all insurance companies permitted to do business in this State. He has authority to inspect their books to ascertain if they are doing an honest and safe business and complying with the laws, and to revoke their licenses if they are not, and it is his special duty to see to it that the insurance laws of the State are en- forced. The agents or officers of any company which has not been licensed by him to do business in this State, may, if they, undertake to write policies, be punished in the courts. Many of the large insurance companies are foreign companies, that is, corporations organized under the laws of other states or nations, and have no offices in the counties in which they wish to do business, and could not be sued there unless the law in some way aided the policy-holder. To meet that situation the law requires every foreign insurance company, before it is permitted to do business in this State, to agree in writing that service of summons on the Superintendent of Insurance shall be valid in any suit on a life or fire policy brought in any county in which the policy-holder resides. By this means, and because of the further fact that a foreign company must de- posit with the Superintendent a large sum of money or bonds to be used, if needed, in paying its policies, a policy-holder in~ any county has about the same remedies against such a company as he would have were it a domestic company with 282 CIVIL GOVERNMENT OF MISSOURI. its principal office in his county. The Superintendent will also investigate a complaint that an insurance company has refused to pay a policy clearly due, and if it persists in evading and delaying compliance with its policy contracts, or in ob- taining contracts by deceit and fraud, he will revoke its license to do business in this State. The Insurance Department is maintained for the purpose of protecting policy-holders, as well as to promote the welfare of honest companies. 233a. The Bank Commissioner is appointed by the Governor, for a term of four years, and is paid an annual salary of $3,500. His duty is to see that the laws relating to banks and trust companies are faithfully observed, and that no bank does an unsafe or unauthorized business. He is assisted by eight bank examiners, and at least once each year one of them examines every bank and trust company in the State (except national banks), and requires that every excessive loan or unlawful investment be corrected. Any fact or information an examiner may learn in examining a bank he must keep secret, and he is not allowed to reveal the name of any person indebted to the bank or make known its pri- vate accounts or affairs, except in his reports to the commis- sioner or in court. The purpose of the office, and of thes^ examinations and these requirements for secrecy, is to pro- tect the interests of depositors and stockholders, to better the condition of the banks themselves, and to make sure that every bank is conducted according to safe and sound methods. 234. The Labor Commissioner is appointed by the Governor, by and with the advice and consent of the Senate, for a term of four years, at an annual salary of $2,000. He gathers statistics concerning the wages paid laborers in mines, on railroads, and in factories, and also statistics concerning the resources and products of the State, and publishes re- ports containing such of these statistics as he may deem of interest to the public. He also conducts a free public em- ployment bureau in Kansas City and St. Louis, for the pur- THE EXECUTIVE DEPARTMENT. 283 pose of receiving applications of persons seeking employment, and applications of persons desirous of employing laborers, and assists laborers in obtaining employment. 234a. The Food and Drug Commissioner, appointed by the Governor, at an annual salary of $2,000, and assisted by chemists and inspectors, is charged with the duty of enforcing the pure food laws, which prohibit any person to manufacture or sell in this State any article of impure, un- healthful, adulterated or misbranded food or drug. He has authority^ to require every building and place used for the manufacture or sale of any article of food to be kept scrupu- lously clean and healthful. 235. The State Board of Equalization. — The mem- bers of this board are the Governor, Secretary of State, Au- ditor, Treasurer and Attorney-General. The board meets once a year and equalizes the tax assessments of the various counties. It sometimes happens that property in one county is assessed at its real value, while in others it is assessed at much less. This is manifestly unfair. Each county should bear its proportionate share of the taxes to be raised for the support of the State government. But if the assessments made by the counties were permited to stand some counties would thereby relieve themselves of a part of their share of this burden. To prevent this wrong the Board of Equaliza- tion raises the assessment of some counties and lowers that of others, and each county is bound by its action. Its duty in such case is to eqiialize and adjust the assessments made by the various counties, not to materially increase or decrease the aggregate amount of those assessments. The State board also has power to assess the properties of railroads, telegraph companies, and other public servdce corporations. 236. National Guard. — The commander-in-chief of the Missouri National Guard is the Governor, and the chief member of his staff is the Adjutant-General, who is appointed 284 CIVIL GOVERNMENT OF MISSOURI. by him, and has charge of the records and rolls. The National Guard consists, of male persons between the ages of eighteen and forty-five years, who have voluntarily enlisted for any military duty that may be required of them by the Governor. Companies of the National Guard are found in various parts of the State. At proper intervals they are trained for military service. They can be called into the field by the Governor to suppress insurrection or riots or mobs too powerful to be suppressed by the local authorities. Under the law all able-bodied males between the ages of eighteen and forty-five years are liable to military duty, and to be enlisted for military service whenever the National Guard is inadequate to enable the Governor to execute the laws, except such persons as have conscientious scruples against bearing arms, and these may be excused when summoned for duty by paying into the military fund fifteen dollars per month. Other facts pertaining to the National Guard may be found in Section 109. 237. Other State Boards. — There are various State boards to look after various interests in which the public is especially concerned. Among them are: T. The Board of Health, whose duty it is to establish and enforce regulations to prevent the spread of infectious and contagious diseases, and for that purpose it has very extensive powers. It alone has power to license physicians and surgeons to practice medicine or surgery, and at stated times it conducts examinations to test the qualifications of persons desiring such licenses. 2. A Board of Pharmacy, which examines and licenses persons who desire to become druggists. 3. There is also a like board for examining and licens- ing dentists. 4. A board for the examination of barbers, by which all persons desiring to pursue the occupation of barber in THE EXECUTIVE DEPARTMENT. 285 cities of 5,000 inhabitants or over must be licensed before they can do so. 5. A State Board of Charities, whose duty it is to ex- amine into the condition and management of all prisons, jails, hospitals, reformatories, reform and industrial schools, or- phanages and all public and private retreats which derive their support wholy or in part from the State or from any county or city in the State, and make a full report to the Governor showing their actual condition. All of these boards are created either for the protection of the general health of the people, or for the benefit of those unfortunate persons whose welfare should always be of special concern to the State. 6. There is the Bureau of Mines and Mine Inspection, connected with which are mine inspectors, whose duty it is to inspect coal, lead and zinc mines employing ten miners or more, and enforce the laws requiring a sufficient amount of fresh air and proper ventilation in mines, that they be safely timbered and braced, that ores be honestly weighed, and that all reasonable precautions be taken to protect the lives and health of miners. 7. There is also a Bureau of Geology and Mines, whose special duty is to aid in the discovery and development of valuable minerals. 8. There is a State Prison Board, consisting of three members, into whose hands is committed the management of the Penitentiary, the Missouri Reformatory, the Industrial Home for Girls and the Industrial Home for Negro Girls. It also is a board of pardons and paroles, and as such hears applications for clemency from persons convicted of crime, and makes recommendations to the Governor, who is author- ized, with or without such recommendations, to grant pardons or paroles upon such terms as he may see fit to impose. 9. There is a Board of Agriculture, consisting of the Governor, Superintendent of Public Schools, the dean of the 286 CIVIL GOVERNMENT OF MISSOURI. Agricultural College at Columbia, and one member from each Congressional district appointed by the Governor for a term of four years. The board appoints a practical farmer who is well versed in agricultural science as its secretary ; and an assist- ant secretary and treasurer. It also appoints three or more lecturers to conduct farmers' institutes throughout the State, and give instruction in scientific agriculture and information as to plant foods, chemistry of the soil, dry-weather or wet- weather crops, methods of seeding and preservation of crops, and diseases of animals and methods of preventing and curing diseases. It appoints a veterinary surgeon and, with his advice, numerous deputies, to investigate the causes and cures of diseases of domestic animals, and establish quarantine against animals afflicted with contagious and infectious dis- eases. It appoints a dairy commissioner, to inspect public dairies, creameries, butter and cheese factories, milk depots and establish regulations for their operation, and enforce rules to be observed in the production of milk, cream or but- ter offered by any of them for sale to the public. It appoints an Inspector of Apiaries, or bee inspector, to aid in preventing diseases among bees and in the development of the honey in- dustry. The board also, through its secretary, issues bulletins, containing short and easily understood instructions as to the best and most profitable methods of farming, stock-raising, and fruit-growing. It also conducts the State Fair at Sedalia, where each year exhibitions of stock, grains, fruits, ores, farm- ing machinery and household utensils are made. Connected with the board are a dozen or more kindred or associate organizations, such as the Corn Growers' Association and the Home Makers' Conference Association. 10. There is a Board of Horticulture, to promote the science of fruit culture and to publish information which may be useful to fruit growers. 11. There is a State Poultry Association, to promote the poultry industry. It gathers information as to the best THE EXECUTIVE DEPARTMENT. 287 means of caring for chickens, turkeys, ducks, geese and other domestic fowls, and pubHshes this information in the form of bulletins, and holds institutions of instruction in different sections of the State. The members of all the boards so far mentioned are appointed by the Governor. 12. There is also a Board of Education, consisting of the Superintendent of Public Schools, the Governor, the Secretary of State and the Attorney-General, to direct the investment of the Public School Fund, and the distribution of the annual income of any school fund, and to look after all swamp lands belonging to the State and their sale. 13. There is also a Board of Fund Commissioners, con- sisting of the Governor, Auditor, Treasurer and Attorney- General, to direct the payment of the State debt and interest thereon, and the issue of new bonds or certificates of indebted- ness in lieu of such bonds, when so directed by law, and to see that such certificates are safely kept. 238. Other Officers. — There are also other State Officers, appointed either by the Governor or some one of the boards mentioned in the preceding section. They are : 1. The State Geologist, whose duty it is to make surveys of mineral deposits, and publish information of the character and quantity of such mineral ores. 2. The Supervisor of Building and Loan Associations, whose duty it is, by examination and from reports made by the companies, to see that all building and loan associations in the State conduct their business in a safe way and as authorized by law. 3. A Beer Inspector, to see that beers are made of certain substances and no others, that they meet certain tests, and collect fees for such inspection, and turn them over to the State Treasurer. 4. A Game and Fish Commissioner, assisted by one or more deputies in each Congressional district, who are em- 288 CIVIL GOVERNMENT OF MISSOURI. ployed in enforcing the laws prohibiting the needless slaughter of game and fish. 5. An Inspector of Petroleum, assisted by eight or more deputies, to inspect coal oils and the products of petroleum, by whatever name known, manufactured, sold or offered for sale for illuminating, heating or power purposes within the State. 6. The Warehouse Commissioner, with numerous assist- ants in Kansas City, St. Louis and St. Joseph, to license public warehouses and elevators, and to inspect, weigh and grade all grain received into any of them. The amount of fees received by the Beer Inspector for inspecting beer, and by the Secretary of State from corpora- tions, from notaries public for their commissions and from automobile owners and drivers, and by the Superintendent of Insurance for licensing insurance companies to do business in this State, etc., amount to many hundreds of thousands of dollars each year, and a-dd that much to the State revenue. 239. State Institutions. — There are 24 institutions supported by the State. They are of four kinds, educational, penal, eleemosynary or charitable, and agricultural. 1. The educational institutions are the State Univer- sity, at Columbia; the five Normals, for the education of teachers, located at Kirksville, Warrensburg, Cape Girar- deau, Springfield and Maryville; the School of Mines and Metallurgy, at Rolla; and the Normal for the education of negroes, called Lincoln Institute, located at Jefferson City. 2. The eleemosynary or charitable institutions are the School for the Deaf, at Fulton; the School for the Blind, at St. Louis; four sanitariums, or Hospitals for the Insane, lo- cated at Fulton, St. Joseph, Nevada and Farmington; the Missouri Sanitarium, at Mount Vernon, for the treatment of consumption or tuberculosis in its early stages; the Colony for the Feeble-Minded, at Marshall, where feeble-minded and harmless epileptics may receive humane care; the Con- THE EXECUTIVE DEPARTMENT. 289 federate Home, at Higginsville, where infirm and dependent ex-Confederate soldiers, their wives, widows and orphans may be maintained and cared for* the Federal Soldiers' Home, at St. James, where discharged Federal soldiers, who are in indigent circumstances, or are, because of any disabil- ity, unable to support themselves, and the aged wife of any such soldier, or any army nurse in like circumstances, may be maintained and cared for; the Missouri Reformatory-, at Boonville, where boys convicted of crime, as well as incor- rigible boys, may be sent and taught to work and be obedient to authority; the Industrial Home for Girls, at. Chillicothe, where white girls convicted of crime, or incorrigible girls, may be restrained and taught useful work and obedience; and the Home for Negro Girls, at Tipton, where incorrigible negro girls may be restrained and taught to work. The Missouri Reformatory and the Industrial Home for Girls were originally penal institutions, but the Legislature, out of a humane desire to save and reform boys and girls con- victed of crime or criminally inclined, has classed them as eleemosynary. 3. The penal institution is the Penitentiary, at Jefferson City, where adult persons convicted of felonies may, accord- ing to the judgments of courts, be imprisoned for a term of years. 4. The agricultural institutions are the State Fair, at Sedalia, which gives public exhibitions of stock and agricul- tural products, and the Fruit Experiment Station, at Moun- tain Grove, for experimenting with the different kinds of fruits and ascertaining what varieties are best adapted to the soil and climate of this State, and to study the different diseases and insects which infest fruits, and to suggest rem-' edies for their extermination. All these institutions are governed by boards appointed by the Governor. They cost the State more than two million dollars each year. But the civilization of a people has no 19 290 CIVIL GOVERNMENT OF MISSOURI. higher test than the way in which they care for their unfortu- nates; and these institutions for the bUnd, the deaf, the insane, the feeble-minded, the worn-out soldiers, the wayward boys and girls, are all a standing glory to the humane purposes of our State government — almost as much so as the University, the Normal schools, and the other educational institutions, whose work in training teachers and leaders for the professions and in almost every scientific industry or undertaking is of incal- culable value to a great people. 240. General Powers of Executive Officers, — All the officers and boards discussed in this chapter are a part of the executive department of the State government. What- ever power they exercise must be clearly given them by law, and whatever duties they perform are specifically prescribed by law. Their duty is to execute the will of the people as that will is expressed in laws passed by the Legislature. It is not for them to say that the laws are unwise or unneeded ; the need for the laws and their wisdom are determined by the Legislature. Nor are they to act blindly or heedlessly in performing the work assigned them, for if the law is of doubt- ful meaning, it is for the courts to tell them what it means, and direct them how to comply with it. 241. Other Executive Officers. — But they are not aU the executive officers of the State; they are the principal ex- ecutive officers whose whole compensation is paid out of the State Treasury. There are other executive officers for counties, and still others for cities and towns, and their du- ties will be explained in other chapters, but those mentioned in this chapter perform duties for the entire State or for a considerable part of it, just as county executive officers per- form duties for the whole county, and city officers for the whole or a part of the city. So we call them State officers, because, in their respective spheres, they act for the whole State. THE EXECUTIVE DEPARTMENT. 291 Questions on Chapter IV. 1. Do executive officers of the State and Union perform Hke duties? (221) 2. How are the executive powers of the Union vested? (221) 3. Of whom does the executive department of the State consist? (221) 4. Does the Governor sustain the same relation to the State that the President does to the Union? (221) 5. Do State and National executive officers sustain the same rela- tion to the people? (221) 6. Explain the difference. (221) 7. What is a State officer? (222) 8. Name some of them. (222) 9. In whom is the supreme executive power vested? (223) 10. What is he required to do? (223) 11. Do the Constitution or the statutes clearly say how he is to do that? (223) 12. What does the Constitution make him? (223) 13. What relation does he sustain to the militia? (223) 14. Has he any control over courts? (223) 15. Enumerate some of his powers. (223) 16. What qualifications must he possess? (224) 17. What is his salary? (224) 18. What is said of the Lieutenant-Governor? (225) 19. In case of a vacancy in his office, who succeeds to it? (225) 20. What are some of the duties of Secretary of State? (226) 21. How are the votes cast for Representative, etc., counted and determined? (226) 22. How those for Governor, etc.? (226) 23. Is the count in all cases finally determined by an impartial arbiter? (226) 24. What are some of the duties of the State Auditor? (227) 25. Describe how the State taxes are assessed, levied and collected. (227) 26. What does the Auditor have to do with warrants? (227) 27. How is the amount of money to each determined? (227) 28. When can he not issue a warrant? (227) 29. Who is custodian of the vState's moneys? (228) 30. Name some of his duties. (228) 31. What are the duties of the Attorney-General? (229) 32. What can he do by quo warranto? (229) 33. Why has his office become so important? (229) 292 CIVIL GOVERNMENT OP MISSOURI. 34. Name some of the duties of Superintendent of Schools. (230) 35. What are the salaries and terms of these various officers? (231) 36. Discuss the powers and purpose of the Public Service Commission. (232). 37. What are the duties of Superintendent of Insurance? (233) 38. Can any company do business without a license? (233) 39. Discuss the Bank Department. (233a) 40. What labors are performed by the Labor Commissioner? (234) 41. Discuss the Pure Food Department. (234a) 42. What duties are performed by State Board of Equalization? (235) 43. What is said of the National Guard? (236) 44. Name some of the other State Boards, (237) 45. Name some of the other State officers. (238) 46. Name the four classes of State institutions. (239) 47. What are the educational institutions? (239) 48. What are the eleemosynary institutions? (239) 49. What is a high test of the civilization of a people? (239) 50. What then are these charitable institutions? (239) 51. What are the officers and boards mentioned in this chapter? (240) 52. What powers may an executive officer exercise? (240) 53. Are there other executive officers? (241) CHAPTER V. THE COURTS. 242, General Statement. — The judicial department of government consists of the courts. The courts of the State are the Supreme Court, courts of appeals, circuit courts, criminal courts, probate courts, and courts of justices of the peace. The county court, being largely an administrative or executive body for transacting the business of a county, will not be considered in this chapter, but will be in the chap- ter on "Counties." The courts considered in this chapter have been established for the enforcement and the adminis- tration of the law. THE COURTS. 293 243. Kinds of Law.^— Laws are broadly divided into two classes, Criminal Law and Civil Law. Civil Law is again divided into Common Law and Statutory Law and Equity Law; and Criminal Law may consist of the Common Law or Statutes or both. L The Common Law concerns such things as ordinary promissory notes, deeds to lands, and other contracts and the breach of such contracts, and wrongs done to one's property or person. For generations in America and England certain rules have been gradually agreed upon by all men as being right for conducting business. These rules have been en- forced by the courts until they have become a great system of principles, and are called the Common Law. This law is not found in the acts passed by the Legislature, but in books written by able lawyers and in the published opinions of the highest courts. 2. Statutory Law consists of laws passed by the Leg- islature and such laws are called statutes. These sometimes supplant the Common Law principles, but the Common Law, until replaced by statutes, is binding upon all men, because the Common Law, until so changed, is by our statutes de- clared to be in force in this State. For the enforcement of the Common Law or the Statu- toiy Law there are a judge and a jury, and at the trial the points to be decided are such as, Was the contract made, and what are its terms? or, Admitting the contract has been made and broken, what are the damages? But the judge alone tries a few kinds of such cases, and in other Common Law cases both sides may mutually agree to waive a jury, but if either party demands a jury it cannot be denied him. 3. But sometimes the enforcement of a contract would work a wrong. The contract may have been obtained through fraud or mistake; some kind of deceit or fraud by one party may have induced the other to enter into it, and then justice and good morals suggest that it ought to be set 294 CIVIL GOVERNMENT OF MISSOURI. aside and not enforced against the party thus cheated. It is just at this point that Equity Law steps in. It was created to give reUef against the rigid exactions of the Common Law, when the enforcement of that law would work a wrong. Equity cases are tried by a judge alone; no jury assists him. 4. Criminal Law relates to crimes. It usually con- sists of the statutes, or laws passed by the Legislature. Crimes are divided into two classes. They are misdemeanors and felonies. A misdemeanor is a lower grade of crime and is punishable by fine or imprisonment in jail or calaboose. A jury and a justice or judge try a misdemeanor, al- though a grand jury may indict a person for a misde- meanor. A felony is a higher grade of crime and is punish- able by imprisonment in the penitentiary, or death. Prior to 1900 no one could be tried for a felony until he had been indicted by a grand jury, but now prosecutions in a felony case may be begun on an information filed by the prosecuting attorney, or on an indictment presented by a grand jury. If begun in either way, the case is tried by a judge and a jury of twelve men. 244. Justices of the Peace. — In each municipal town- ship of each county there is at least one justice of the peace, and often more than one. He is sometimes called a magis- trate and often a squire. He is a conservator of the peace for his township. These courts have been established in order that the people may have a court right in their midst in which to settle their smaller disputes, and in which the wheels of government may be speedily set in motion in case a crime has been committed. If a constable, sheriff or policeman sees a person com- mitting a crime, he may arrest him on the spot, without wait- ing for a warrant; and then, after his arrest, a complaint is filed against him with the justice before whom is taken, and a warrant is then issued. This is the rule as to misde- THE COURTS. 295 meanors. But if he has committed a felony he may be arrested before the warrant is issued, whether he was seen committing the crime or not. But that is not usually done; it is done only when his immediate arrest seems necessary to prevent his escape.. Otherwise he is not arrested until after the warrant is issued, unless he is seen committing the crime. If the prosecution is begun in the circuit court, the warrant is issued by the circuit clerk, and the arrest is made by the sheriff. But usually the warrant is issued by a jus- tice of the peace. He can issue it only when some one files a complaint with him, under oath, charging a certain person with having committed a specific crime, and then he must issue a warrant for that person's arrest, and that complaint may be made by a private person or by the prosecuting attorney or by an officer. If the crime which the complaint charges the accused person with having committed is a misdemeanor, he may have his trial at once or in a short time by a jury before the justice. But if the crime charged against him is a felony punishable by imprisonment in the penitentiary he cannot be tried in the magistrate's court, but the justice requires him to give bond to appear for trial at the next term of the circuit or criminal court of the county, and if he cannot give bond he is committed to jail to await his trial. If the complaint charges a felony, the justice, if the accused desires it, gives him a "preliminary examination," not for the purpose of determining his guilt, but to ascertain if there is such probability that he is guilty as requires that he be held for trial in the circuit or criminal court, and if so to fix the amount of his bond. If he is charged with first-degree murder or other capital offense, and the "proof is evident or the presumption great" that he has committed that crime, the justice will not admit him to bail, but will commit him to jail; but otherwise, he will fix the amount of his bond, by which he 296 CIVIL GOVERNMENT OF MISSOURI. and his sureties pledge themselves and their property that he will appear at the next term of court, and grant him his liberty until that time. Civil suits involving any surn less than $250 (in St. Louis, $350) may be brought in a justice's court, and suits involving less than $50 must be begun there. Suits to dispossess a tenant who will not pay his rent, and suits to dislodge a person who has wrongfully taken possession of another's house or lands (if the title is not involved), may also be brought in a magis- trate's court. And prosecutions for misdemeanors may be begun either in the circuit or criminal court or the magis- trate's court. But an equity case cannot be tried in a jus- tice's court, nor can the justice alone decide any civil case unless both sides agree that he may. All cases tried in a magistrate's court may be determined by a jury of six men, who pass upon the law and the evidence as they understand them, without any instructions from the justice. The law is read to them by the lawyers who represent the different sides, and as the jury are liable to misconstrue the law where it is not plain and easily understood, only cases involving plain and simple issues are tried in magistrate courts. The finding of the jury is called a verdict, which is ex- pressed in a small piece of writing signed by one of their number who has by them been chosen foreman, thus: "We, the jury, find the defendant guilty of petit larceny as charged, and assess his punishment at six months' imprisonment in the county jail. John Smith, foreman;" or, "We, the jury, find for plain- tiff, and assess his damages at forty dollars. John Smith, foreman." If the case is a criminal one all the jury must agree upon the verdict; if it is a civil case, that is, a suit involving a right to property, two-thirds of the jury (or four jurors) may make a verdict. If the case is a civil one, either party dissatisfied with the verdict may appeal to the circuit court, by giving bond, and in that court the case is tried anew, just as if it had THE COURTS. 297 been originally begun there. If the case is a criminal one and the verdict is in favor of the defendant, there can be no appeal, nor can he ever be tried for that crime again, for whenever a verdict of "not guilty" is reached in any case in any court which had power to try it, that is the end of it. If, however, the verdict is against the defendant, he may appeal to the circuit or criminal court of the county, and there the case is tried anew. In all townships except those in the large cities the justice is not paid a salary, but is allowed fees which are taxed as costs, and must be paid as other costs are, usually by the losing party; and the constable and jurors are paid in the same way. In the large cities the justice's fees are taxed in the same way, but when paid are not retained by him, but paid into the county or city treasury, and he is paid a salary, which in Kansas City is two thousand dollars a year and in St. Louis is twenty-five hundred. 245. Constables. — In each township there is a constable, who is the executive officer of the court of the justice of the peace. It is his duty to make arrests on warrants issued by the justice if the accused party can be found in his county; to serve the summons on the defendant in civil cases ; to impanel juries and summon witnesses for a trial; and after the trial he collects the amount of the judgment, or debt, from the losing party by seizing and publicly selling his property, if he has any property in excess of what the law says shall not be sold to pay his debts. If the case is a criminal one, and the judgment of the justice's court is that the accused be lodged in jail, it is the constable's duty to take him in charge and turn him over to the jailer. Thus, it is the duty of a constable to enforce the judgments of the justice's court, and hence he is the executive officer of that court. 246. Probate Courts. — In each county in the State there is one probate judge, whose court is concerned in set- tling the estates of deceased persons and appointing guard- 298 CIVIL GOVERNMENT OF MISSOURI. ians and curators to care for the persons and manage the estates of orphaned minors and lunatics. In some States this court is called the Orphan's Court. When one dies his debts must be paid. All his prop- erty, except about four hundred dollar's worth for his widow and a part of the family furniture and one year's provisions for the support of the family and the homestead which he owned and in which he lived, is liable for the payment of his debts, and his children can have nothing until these are paid. If the person has left no will, the court appoints some one, denominated an administrator, to take charge of the estate and settle up its debts and turn the residue over to the heirs, but for this purpose no land can be sold if the personal estate is sufficient to pay the debts. If the deceased person left a will, it usually names some one that he desires to administer his estate. Such person is called an executor, and in admin- istering the estate he must obey the instructions of the will, except that the will cannot deprive the widow of her dower or homestead, nor defeat the payment of the debts of the deceased. If a claim against the estate of a deceased per- son is disputed by the administrator, the probate judge may call a jury to decide the point, and from its verdict either party may appeal to the circuit court, where the case is tried again. When the administrator or executor has fully admin- istered the estate, that is, turned so much of it into money as is sufficient to pay the debts and paid those debts, he offers to the court an exhibit of all moneys he has received and paid out. This is called his final settlement, and if approved by the judge, he is discharged, and the estate goes to the heirs or legatees. But if the heirs are not satisfied with the conduct of the administrator they can appeal to the circuit court to redress the wrong done. 247. Circuit Courts. — The circuit courts are the great trial courts of this State. In them can be tried every kind THE COURTS. 299 of case — civil, equity, and, in counties where there is not a separate criminal court, criminal cases also. One or more sessions of the circuit court are held in each county each year. These courts exercise a superintending control over criminal courts, probate courts, county courts, justices of the peace, and all other inferior courts. The State is divided into thirty-eight circuits. In each an officer, styled the circuit judge, is elected for a term of six years to preside over these courts, and in some of the circuits there is more than one judge — the number being increased by the Legislature as the amount of litigation may require. There are fourteen circuit judges in the City of St. Louis (which is rated as a county), two in St. Louis County, ten in Jackson County, three in Buchanan, two in Jasper and two in Greene. All the other circuits have only one circuit judge. All circuit courts are also what are styled juvenile courts, which are in the nature of public guardians of "neglected and delinquent children," and by those words are meant children who are homeless, or habitually beg, or live with vicious persons or depraved parents, or associate with thieves, or visit immoral or gambling houses, or have committed a crime, or are likely because of idle and immoral habits to become criminals. The circuit judge in counties having less than fifty thousand inhabitants, and one of the circuit judges in the large cities selected by the other judges, inquires into the habits and associations of children of that character brought before him, and confines them until they are twenty-one years of age in some reform school or with some association that will teach them to work and to acquire orderly habits. In his work he is assisted by a probation officer, and the county bears the expense. 248. Criminal Courts. — In counties having over 40,000 inhabitants there may be (but usually there is not') a separate court for the trial of criminal cases. It is called a criminal court and is presided over by a criminal judge. But in most 300 CIVIL GOVERNMENT OF MISSOURI. counties such cases are tried in the circuit court. There is a criminal court in Jackson County, but in St. Louis two of the circuit judges are assigned to preside over the criminal division of the circuit court. There is also a criminal court in the Fifteenth Judicial Circuit composed of Saline and Lafayette counties. In all other parts of the State felony cases are tried in the circuit court. JUDICIAL CIRCUITS OF MISSOURI MONROE IS, 804 ACKSO 16 ; 283,522 ^Hannibal RALLS 12,9iy lO X "^loulilana PIKE®\ I Warl K^ CASS i I , JOHNSON Al 'or. 907°' PETTIS 30 BaliaS 33,913 ^""^ilCALLAWAY 30,6331 24,400 llB,604l| Ftlton© I ' 12,863 ^^hrCiii8£^^SSt830 17,03a;('%. 131 Citp of I ST. LOUIS 687 ,029 alOBE I. '- route post-roads, in accordance with plans prescribed by a state highway department and approved by the Secretary of Agri- culture. Missouri's share of that appropriation is about two and one-half millions; but to obtain it the State was required, 334 CIVIL GOVERNMENT OF MISSOURI. in some way, to pay one-half the costs of constructing the roads. The General Assembly, therefore, in 1917, created a State Highway Department, consisting of a board of four members and an experienced engineer, to select state roads and provide plans for their construction. There are to be not less than 3,500 miles of state roads, and they are to be in- creased as fast as funds for their construction are available, and each county is to have its share. The plans of construction and the materials to be used having been prescribed by the State Engineer and approved by the Secretary of Agriculture, the counties or road districts proceed to the actual work of constructing the roads according to such plans, and one-half the cost is paid by the Government, and the other half by the State out of the State Road Fund, and so much of that fund is used each year as will enable the State to receive its share of the money apportioned to it under the act of Congress. State roads miist be continuous, and are selected with due regard to the needs of the people of the county and of the State at large. In making the selections, existing roads may be utilized, or new locations made, as the state board may deem best. (2) Congress requires the State to bear the expense of main- taining and keeping in repair a road which has been con- structed with funds appropriated by it, and that may be done by the county or road district; but in addition to the funds under the control of the county court or district boards that may be used for that purpose, the State has provided other means by which that may be done. A sum equal to fifteen dollars per year for each mile of county-seat roads in all the counties is taken out of the State Road Fund, and used in dragging and bettering the roads running by the most practical" route from one county seat to another. The work is done under the supervision of a county highway board, consisting of the county engineer and two other members appointed by the county court. (3) If any county or district will provide one-half the money necessary to surface a road with rock or gravel, or with a well constructed mixture of sand and other COUNTIES. 335 earthy substance, the State will supply the other half out of its State Road Fund; but no county or district can receive for any one year for such purpose more than three per cent of the entire State Road Fund available for road improvements in that year ; nor can it receive any sum at all for that purpose unless there is more money in the fund than is necessary to construct the state roads and drag and repair the county-seat roads, or unless the road to be surfaced is itself a state road. 286b. Drainage Districts. — Drains and levees for re- covering and protecting overflow lands constitute another community interest. By properly constructed drains and levees not only may rich swamp lands and bottom lands subject to overflow be recovered and made to yield valuable crops, but the health of the people for miles around will be conserved. But such lands usually lie in large tracts, and to successfully drain them their owners must co-operate in a general plan by which one or more large ditches and numer- ous lateral ditches to drain the lands and one continuous levee or embankment to keep the waters of the river from overflowing them, may be constructed, each paying his fair share of the whole cost. The State government has provided ways by which such co-operation can be brought about. The owners of the majority of the acres of any contin- uous body of swamp, wet or overflow lands may sign articles of agreement for the formation of a drainage district, and file them in the circuit court, and the court will give notice to all persons interested in the formation of the district, and after hearing all objections thereto, will determine whether or not the district should be organized and if the court finds it should be, it makes an order organizing the district with definite boundaries, and thereafter the district is a public corporation, just as is a city or a school district. The court appoints a board of five supervisors, and they appoint a civil engineer to survey out the needed ditches and levees, and to determine upon their location and size and probable costs, 336 CIVIL GOVERNMENT OF MISSOURI. and to make a complete plan of reclamation. Then three disinterested commissioners are appointed by the court to assess against each tract of land its share of the cost of the improvement, and when they have made their report the court hears objections by any land-owner to the amount charged to his tract, and having made a just apportionment of the entire cost among all the tracts the court makes an order charging each tract with its share, and that amount becomes a lien or tax against the tract, and must be paid, and if not paid the land may be sold. The entire amount is not due in one year; it is usually divided into twenty equal installments, and one is payable each year, and they are collected by the county collector. The board of supervisors may issue bonds of the district, in an amount equal to ninety per cent of the amount of all the tax assessments, to bear not to exceed six per cent interest, and sell them and use the money to pay for constructing the ditches and levees; and when the taxes are paid use the money to pay off and retire the bonds. All con- struction work is done under contracts entered into by the board of supervisors with persons specially equipped with proper machinery and qualified by experience for doing it. The board is a continuous body, and after those appointed by the the court at the time of the organization have served the time for which they were appointed, their successors are elected by the land-owners, and usually each owner has as many votes as he has acres of land. It is the duty of the board to see to it that the purposes for which the district was organized are fully carried out, and that the ditches are kept open and repaired and breaches in the levees are renewed. In much the same way drainage districts may be organ- ized by the county court. Questions on Chapter VI. 1. What is a county? (268) 2. What officers has it? (268) 3. How were counties organized? (269) 4. What is the county seat? (270) I COUNTIES. 337 5. How is the county court composed? (271) 6. What is it charged with doing? (271) 7. For what is money raised by taxation used? (271) 8. What else is it charged with? (271) 9. How are claims against a county paid? (271) 10. Can county money be expended at the will of officers? (271) 11. What has the court to do with elections? (271) 12. What other duties does it perform? (271) 13. What are the duties of the county clerk? (272) 14. What are his duties in reference to elections? (1^72) 15. How are taxes collected? (273) 16. What is done with the taxes after they are collected? (274) 17. How are they paid out? (274) 18. How are they paid out in counties having township organiza- tion? (274) 19. What about settlements of these officers? (274) 20. What are the duties of the assessor? (275) 21. Tell how he does this. (275) 22. What if the owner refuses to list his property? (275) 23. Suppose he makes a false list? (275) 24. Suppose he refuses to make oath to his list? (275) 25. When the assessor has completed his assessment, what is done? (275) 26. Suppose the State board changes the valuation of the county board? (275) 27. What does the county court then do? (275) 28. What must the clerk then do? (275) 29. How are railroads, etc., assessed? (275) 30. How often and as of what date is property assessed? (275) 31. What are the duties of the circuit clerk? (276) 32. What is the sheriff and what does he do? (277) 33. What is said of the prosecuting attorney? (278) 34. What are the duties of the recorder of deeds? (279) 35. And of the surveyor? (280) 36. To whom are letters of administration granted? (281) 37. If there are no such relatives who administers the estate? (281) 38. What are the duties of the coroner? (282) 39. What is said of the compensation of county officers? (283) 40. What is said of municipal townships? (284) 41. What is said of township organization? (285) 42. What is the maximum rate of taxation for county current expenses? (286) 22 338 CIVIL GOVERNMENT OF MISSOURI. 43. What is the rate in your county? 44. Can the court levy other taxes to pay debts? (286) 45. For what purposes and how may a county incur debts? (286) ,46. Can it now incur a debt to build a railroad? 47. What can the debt now exceed? (286) 48. What is one great benefit of free government? (286a) 49. Give the illustration showing this? (286a) 50. Is the use of farming machinery a community matter? (286a) 51. Is the construction of good roads a community interest? How far is it such? (286a) 52. In connection with this section reread section 160b. 53. Are good roads important? Why? (286a) 54. In what way do they help rural and city dwellers? (286a) 55. What is a primary element of prosperous trade? (286a) 56. Give the main features of the general or first plan of working roads? (286a) 57. The second? The third? The fourth? The fifth? (286a) 58. Why is a drainage district an important community interest? (286b) 59. Read carefully what is said about the formation of a drainage dis- trict, how the costs of drains and levees are apportioned and paid etc. (286b) CHAPTER VII. CITIES, TOWNS AND VILLAGES. '287. Whence Powers are Derived. — In furtherance of the principle of local self-government the State Constitu- tion requires the General Assembly to provide, by general laws, for the organization and classification of cities and towns. The powers of the Legislature are in some very important respects limited and restricted by the Constitution; and in a much more definite sense the powers of city governments are limited and defined by statutes enacted by the Legislature. A city or town can legally exercise no power except such as is given it by the General Assembly. Thiat power is expressed in statutes enacted by the Legislature, and those statutes constitute the city's charter. But even the Legislature can- not enact just any statute for the government of cities it may CITIES, TOWNS AND VILLAGES. 339 wish to enact, for the Constitution places limitations upon its powers. For instance, the Constitution says that taxes for city purposes cannot exceed a certain number of cents on the hundred dollar's valuation of property within the city, and the Legislature could not enact a statute authorizing the city to levy a higher rate of taxation. Nor must it be forgotten that county and state authority extends over cities and towns just as much as over any rural district. The township in which is a city has the same officers as any other township, such as justice of the peace and con- stable, and city property is taxable for state and county pur- poses, just as are farms and other rural property. But a city has certain officers whose authority does not extend beyond the city limits. They perform duties pertaining to the city alone. They are mayor, board of aldermen, clerk, collector, treasurer, assessor, police judge and marshal in the smaller cities, and yet other officers in the larger cities. 288. Necessity for City Government. — It is neces- sary to have local officers to look after the affairs of a town. Wherever men congregate there is danger of disorder. Po- licemen and marshals are needed to preserve the peace, and to quickly suppress the vicious and lawless persons that often gather about towns. Besides, streets, sidewalks and sewers must be constructed, lights and water provided^ nuisances abated and fires prevented. The county court can provide for none of these things. It is, therefore, to promote the gen- eral welfare of the people that city government is established. 289. Incorporation. — Before the adoption of the pres- ent Constitution the inhabitants of a particular town, desiring to organize as a city, applied to the Legislature for a special charter defining the powers of the city and its terri- torial boundaries. And as the Constitution prohibits the passage of any law that violates vested rights, either of a private citizen or of any corporation, some cities yet have these special charters. They cannot be taken from them, 340 CIVIL GOVERNMENT OF MISSOURI. but may voluntarily be surrendered by a majority of the voters, and the city reorganized under the general statute, and that in all except a few cases has been done. But a city cannot be incorporated by a special charter from the Legislature under the present Constitution. That instrument directed the enactment of a general law under which cities should be classified and organized according to the number of their inhabitants. The same powers are given by the statute to each city of the same class, and that statute is its charter, or governmental chart. Whenever an unorganized city or town wishes to organ- ize so as to have a city government, a petition is signed by the majority of its taxable inhabitants and presented to the county court. The court enters on its records an order de- claring such a city incorporated, declaring its class, de- fining its boundaries, and designating its first set of officers, who hold office until the time of the next regular election for all cities of its class, as fixed by law, and thereafter most of its officers are elected by the people. 290. How Governed. — Cities are governed by ordi- nances passed by the city council. These ordinances pre- scribe the duties of each officer, and undertake to punish only such crimes as may be classed as misdemeanors. But there are other ordinances defining the width of the streets, direct- ing the making of sidewalks, defining the limits in which wooden houses may be constructed, and prescribing rules for the control of light plants and waterworks, sewers and street railways and the management of parks. 291. Classes. — Cities in Missouri are divided into four classes, according to population. All cities having five hun- dred inhabitants and not more than three thousand, are cities of the fourth class or lowest class; those having three thousand inhabitants and less than thirty thousand, are cities of the third class; those having thirty thousand inhabitants CITIES, TOWNS AND VILLAGES. 341 and less than one hundred thousand, are cities of the second class; and those having one hundred thousand inhabitants or more, are cities of the first class, and all cities having between seventy-five and one hundred and fifty thousand inhabitants may elect to become a city of the first class. These classes differ in the powers delegated to each, the higher the class the greater its privileges. A city of one class having the requisite population may become one of a higher class when a majority of its legal voters ratify an ordinance mak- ing such change. 292. Cities of Fourth Class. — There are over two hun- dred cities in Missouri belonging to the fourth class. Each has the officers named in the first section of this chapter. The mayor is the chief executive officer. He exercises su- pervision over all other officers, appoints its minor officers, and may with the board of aldermen remove from office any officer, for cause, after a hearing. An ordinance cannot be- come operative unless it receives his approval, but if vetoed by him, it may be passed by two-thirds of the members of the council notwithstanding his veto, and it then becomes a law and can be enforced, if not in violation of the city's charter. These are the general powers of mayors in cities of every class. 293. Board of Aldermen. — Each city of the fourth class is divided into not less than two wards, and from each ward the people elect two aldermen, and the whole number of such aldermen is called the board of aldermen. This board enacts ordinances for the city, allows accounts against the city, requires a settlement from each officer, fixes the rate of city taxes, contracts with companies to construct electric and gas light plants, or, when authorized by two- thirds of its voters, constructs such plants at the expense of the city, and otherwise controls the city's affairs. In 342 CIVIL GOVERNMENT OF MISSOURI. cities of a higher class some of these duties are performed by a comptroller and board of public service. 294. The Marshal is the chief police officer of cities of the fourth class. It is his duty to preserve order on the streets and see that they are not obstructed, to make arrests, and watch the conduct of suspected persons. He can arrest any person he may observe violating the ordinances, and all other persons against whom a warrant has been issued. 295. The Police Judge issues warrants for the arrest of persons charged with misdemeanors. When any person is brought before him by a marshal or a policeman, charged with having violated a city ordinance, he may have a jury called to try him, or if a jury be waived the police judge alone may try him. A person convicted of crime he may commit to jail unless his fine is paid or an appeal is taken to the cir- cuit (or criminal) court. Where the ordinances of a city have not created a police jiidge his duties are performed by the mayor. 296. Duties of Other Officers. — The duties to be per- formed by the clerk, assessor, collector and treasurer are similar to those required of the county officers of the same name, except that the clerk transcribes all ordinances into the general ordinance book, and he is elected by the board of aldermen, and not by the people, as are other. city officers. The term of all the officers of cities of the fourth class is two years, but one-half the aldermen are elected each year. 297. Cities of the Third Class have a few more privi- leges than those of the fourth class. More policemen may be provided for, and the city may build a hospital, construct a system of sewerage, enforce regulations to prevent the spread of contagious diseases, and fix the rates that telephone and electric light and street railway companies may charge for any service rendered by them, and if those rates are approved by the Public Service Commission of the State they become CITIES, TOWNS AND VILLAGES. 343 binding on the companies and the city and its inhabitants. Their affairs are regulated by a council composed of two councilmen from each ward, and the entire number of wards cannot be less than four. For every city of ten thousand inhabitants or more, the State provides factory inspectors, whose duty it is to inspect all large factories, and see that the laws are obeyed which require healthful conditions, that children under fourteen years of age are not permitted to work therein, that children between the ages of fourteen and sixteen years are not re- quired to work more than forty -eight hours a week, and that seats and other conveniences are provided for women work- ing therein. 298. Cities" of the Second Class have still greater priv- ileges. They make more rigid ordinances to prevent fires, may sell real property for taxes, may control the construction of street railways and may establish rigid sanitary regula- tions. Their legislative powers are vested in a common council, composed of one councilman from each ward and a president of the council, all of whom are elected by the city at large for a term of four years, one-half the councilmen be- ing chosen every two years, and the other half two years later. There are as many councilmen as there are',wards, and one is chosen for each ward, who must reside in that ward, but he is elected by the city at large — that is, all the legal voters of the city may vote for candidates for councilman for that ward, and the one who receives the highest number of such votes is elected. Joplin and Springfield are the only cities belonging to this class. What is said in section 297 and this section is true of cities of the third and second class unless they have elected to adopt commission formof government ; but if they have chosen to do that they are governed by what is said in the next section. 344 CIVIL GOVERNMENT OF MISSOURI. 298a. Commission Form of Government. — The stat- utes authorize a city of the second or third class by a majority vote of its people, to adopt what is popularly called "com- mission form of government." The form is prescribed by statutes enacted by the Legislature. In a city of the second class which has adopted the form, there is a mayor and four commissioners, and they constitute the city council, and the chief executive officers as well. As the council they enact ordinances for the government of the city; and as executive officers, each is at the head of an ad- ministrative department. The mayor is commissioner of the department of public affairs and safety, and as such has supervision over the police and fire departments; another member of the council is commissioner of public health and sanitation; another is commissioner of revenue, and as such has charge of assessing, collecting and paying out city taxes; another is commissioner of public utilities, and as such has supervision over light plants, waterworks, street railways and city properties and parks; and another is commissioner of streets and as such has supervision over streets and side- walks and their construction. These are all elected by the people, as is also a municipal judge, before whom are tried persons charged with violating the city ordinances. They are nominated at a primary election — not by parties, but on a general ticket. All persons who wish to be elected mayor, for instance, must file papers with the city clerk stating they desire to become candidates for that office; then all their names are printed in one group on the same ticket, and on pri mary day each voter strikes off the names of all of them except one, and the names of the two who receive the high- est number of votes are printed on the same ticket for use on election day, as the candidates nominated for mayor, and then the voters choose between those two. The other com- missioners are nominated and elected in the same way. These commissioners all receive good salaries and are sup- CITIES, TOWNS AND VILLAGES. 345 posed to devote a great deal of time to the city's business. If any one of them does not perform his duties with satisfaction he may be removed by the people, and that is done in this way : one-fourth of the voters sign a petition demanding his re- call and file it with the clerk; then the council must call a special election to determine the matter, and if a majority of the votes cast thereat are for his removal he must vacate the office. The council appoints a city clerk, and may remove him at its pleasure. The mayor appoints a city attorney and chief of police, and may remove them at his pleasure; the commissioner of public health appoints a city physician, who also may be removed at pleasure. Each commissioner may appoint as many assistants and laborers as the council may deem necessary for the proper performance of his official duties, but each must be selected from three persons who have stood the best examination before a non-partisan civil ser- vice commission. The cpuncil may enact laws on many subjects, but upon the petition of one-tenth of the voters an ordinance granting a franchise to construct a street railway or to lay water pipes or to erect a lighting system in the streets must be submitted to the legal voters and if not approved by a majority of them voting on the subject it fails. In much the same way the people may propose ordinances themselves and have them submitted to the legal voters and if approved by them they become legal enactments. In cities of the third class which have adopted the com- mission form of government, the council consists of the mayor and two councilmen in cities having less than twelve thou- sand inhabitants, and of the mayor and three councilmen in cities having between twelve and twenty thousand, and of th < mayor and four councilmen in cities having between twenty and thirty thousand inhabitants. They are nomi- nated at primaries on non-partisan tickets, and elected by 346 CIVIL GOVERNMENT OF MISSOURI. the legal voters, just as the mayor and commissioners in a city of the second class are. This council enacts ordinances for the government of the city, and each member of it is the head of one or more of the five executive departments of the city, and as such they supervise the construction and main- tenance of streets and sidewalks, of waterworks and public lights, of sewers and parks, of assessing and collecting taxes, and of all other city business. These officers may be recalled by the people when they do not prove satisfactory, and the people may use the principle of the initiative in enacting or- dinances or the principle of the referendum in nullifying or- dinances which the council have attempted to enact. The purpose of the commission form is to take politics out of city govenment, put a stop to waste, and make it more efficient and useful and more responsive to the wishes of the people. It is being tried in various states, in small as well as large cities, but has nob yet been tried for a sufficient length of time to fully demonstrate that it is the means through which this purpose may be accomplished^ 299. Cities of the First Class. — A city of this class has the power to establish and own cemeteries, parks, water- works, gas and electric light plants and hospitals, to abate nuisances, and to enforce rigid regulations against the spread of contagious diseases. It has power to enact ordinances regulating the use of streets, stockyards, wharfs, slaughter- houses, vehicles, and to provide all needful regulations for orderly city government. Many of these powers are pos- sessed by cities of all other classes, and the Legislature is con- stantly adding to the powers which cities may exercise. The ordinances of a city of the first class are enacted by a common council, composed of five councilmen, elected from the citv at large, each for four years, two for one year and theotherthree two years later. One of them is president of the council, who in the absence of the mayor performs the duties of that offi- cer. There are a city assessor, counsellor, comptroller and CITIES, TOWNS AND VILLAGES. 347 license inspector, appointed by the mayor, who has power to remove them for cause, after notice and a hearing. There are also a city auditor, treasurer and judge of the police court, elected by the voters for a term of two years. There is also a strong force of policemen, who are under the control of commissioners appointed by the Governor. St. Joseph is the only city in the State that strictly be- longs to this class. Kansas City and St. Louis each have a sufficient number of inhabitants to belong to such class — one hundred thousand — but both have been organized under special charters pertaining to them alone. In both of them, however, as in cities of the first class, the law provides for a system of registration of voters, by which lists of voters by ' wards and precincts are made a few weeks in advance of an election, and then no person who has not so registered can vote. 300. Kansas City. — Under the Constitution a city having more than one hundred thousand inhabitants may frame a charter for itself, and when this is adopted by four- sevenths of its qualified voters, it supersedes any existing charter, and may itself be amended at any subsequent time by an ordinance adopted by a vote of the people. But such charter must always be in harmony with and subject to the Constitution and laws of the State. Under this provision and an enabling act of the Legislature, Kansas City was or- ganized with a new charter in 1889. There is a Common Council of two houses, called the Upper House and the Lower House. The Upper House consists of as many members as there are wards, and they are elected by the voters of the city at large. The Lower House consists of one member from each ward elected by the people thereof. An ordinance to be in force in the city must be passed by each house and be approved by the mayor. The police department of the city is managed by a board of police commissioners, com- posed of the mayor, and two commissioners appointed by the 348 CIVIL GOVERNMENT OF MISSOURI. Governor. This board appoints policemen and controls and regulates the duties and discipline of all peace officers of the city. 301. City of St. Louis.— Prior to 1876 the city of St. Louis was a part of St. Louis County. But in that year so much of the county as was embraced within the city was set off to itself, and city and county government in the city was consolidated. That was done in pursuance to what was known as the Scheme and Charter, provided for by the Con- stitution, which authorized the city to frame and adopt a charter for its own government. The city does not have a county court, but it has circuit judges, a sheriff, recorder of • deeds, circuit attorney, prosecuting attorney, circuit clerk, probate judge, collector and public administrator, all of whom are elected at the general elections held in November, and per- form duties similar to those performed by officers of the same title in other parts of the State. In 1914 thirteen citizens, appointed for the purpose, framed a new charter, which was adopted by the legal voters at a special election, and under the Constitution it became the chart by which the government and ordinances of the city are shaped. It provides for the election by the people of a mayor and a comptroller, each for a term of four years. It also provides for a board of aldermen, consisting of a president, and one alderman from each ward, elected on a general ticket by the city at large, each for a term of four years, one-half of them being elected every two years. This board has but one house and constitutes the city's legislative assembly. The mayor and comptroller have seats and a voice, but no vote, in the board. The people also have power, through initiative petitions, to propose ordinances and amend- ments to the charter, and have them adopted by a majority of the legal voters, and an ordinance so adopted cannot be repealed by the board of aldermen except by two-thirds of its members. And in much the same way the people can CITIES, TOWNS AND VILLAGES. 349 compel ordinances enacted by the board to be referred to them for approval or rejection. And upon the filing of petitions signed by twenty per cent of the voters, any of the elective officers may be removed by a majority of the voters at a special election held for that purpose. The mayor appoints an assessor, treasurer, city counsellor and other officers, and may remove them for inefficiency or neglect of official duty. The comptroller is at the head of the finance department, and the 'assessor, col- lector and treasurer are each in charge of a subdivision of that department, and as such look after the assessment and collection of taxes and the paying out of the city's money. There is also a board of public service, composed of a president and four directors appointed by the mayor, each of whom is at the head of one of the great administrative departments of the city government. They have charge of the construction and repair of streets and sidewalks, parks and boulevards, sewers and waterworks, hospitals and other public buildings. They exercise supervision over the construction and opera- tion of street railways, lights and telephones; see to it that the streets are kept clean and the public water pure; in- vestigate the causes of diseases, and, through their numerous assistants, perform many other duties for the public. The police, consisting of sergeants, captains, lieutenants, patrolmen, turnkeys and detectives — there being about 2000 officers in all the grades — are appointed by and are under the control of a board consisting of the mayor and four com- missioners appointed by the Governor. The salaries of these policemen are fixed by statutes enacted by the Legislature, but are paid by the city. The entire expense of the police force is about two million dollars a year. Elections are under the control of a board of election commissioners appointed by the Governor. The judges and clerks appointed by this board have charge of the registra- 350 CIVIL GOVERNMENT OF MISSOURI. tion of voters and the casting^of votes at every precinct at all elections, state and city. There is also an excise commissioner appointed by the Governor, who has power to grant and revoke dramshop licenses. 302. Villages.— The statutes provide methods by which any town of less than five hundred inhabitants may be or- ganized as a village. When a petition signed by two-thirds of its taxable inhabitants is presented to the county court, it can declare such village incorporated, with defined bound- aries. The powers and duties of village government are vest- ed in a board of five trustees, and the first board is appointed by the county court at the time the village by its order is de- clared to be incorporated, and they hold office until their successors are elected at the April election. The trustees enact ordinances providing for the improvement of streets and sidewalks, for abating nuisances and suppressing dis- orders, for levying and collecting village taxes, and for ex- tending the town's boundaries; and have power to appoint a treasurer, assessor, collector, and a constable or marshal. When the number of the inhabitants reach five hundred, the village, by a majority vote of its voters, may become a city of the fourth class. 303. Elections. — The state statutes fix the time for holding elections for city officers in all cities except those or- ganized under special charter. The date is not the same ■throughout the State. In the most of the cities it is the first Tuesday in April; in the rest, it is the first Tuesday after the first Monday in April. All other elections are called special and are held (usually) at such time as the council may direct. 304. Extending City Limits. — A city of any class has the power to extend its limits indefinitely, and take within the corporation as much of the surrounding country as it desires, except that one city cannot include another within CITIES, TOWNS AND VILLAGES. 351 its boundaries unless the legal voters thereof consent. The extension is made by the mayor and council, but in cities of the third or fourth class they can do so only when a majority of the voters consent, but in cities of the first and second class the limits may be extended by the mayor and council alone without the consent of the voters. The inhabitants of the added territory have no voice in this extension, unless the new addition includes a part of another incorporated town, in which case four-sevenths of the voters thereof must consent to be added to the city before such extension can be made. 305. City Assessors. — In cities of the first class there is an assessor who values and assesses all property within the city for purposes of city taxation. The process is very much the same as is the assessment of taxes for county pur- poses. The city assessor places a value on each piece of prop- erty and lists it in proper books, and these are turned over to the clerk, and he gives notice that any person dissatisfied may come before the board of appeals and have the injustice cor- rected. Then the board of appeals, consisting of the mayor, the comptroller and the president of the council, equalizes the valuations made by the assessor, and increases or dimin- ishes them as may seem just, and then the council fixes the tax rate, and the city clerk * 'extends the taxes" or makes up the tax book, and turns it over to the collector, who proceeds to collect the city taxes. In cities of the second class the valuation of all proper- ties in the city made by the county assessor, as corrected by the county board of equalization, is adopted by the city as its own, and is used as the basis for the levy of city taxes. In cities of the third class the city assessor and the county (or township) assessor make the assessment together, and then when the county board of equalization meets the mayor and city assessor meet with them and help adjust the valuations of all property within the city, and then the 352 CIVIL GOVERNMENT OF MISSOURI. valuations as made by that board become the valuations of all property within the city for both county and city pur- poses. In cities of the fourth class there may or may not be a city assessor. If the city prefers, it need not have such of- ficer. If it does not, the valuations as finally fixed by the county board of equalization become the valuations for city purposes. If the city have an assessor of its own, he and the county (or township) assessor assess the property together, and then the valuations as fixed by the county board of equalization become those for the purposes of city taxation. 306. Rate of Taxation. — In addition to taxes levied for the support of the county and state government and for public schools, the inhabitants of a city must also pay taxes for maintaining the city government. In cities having less than one thousand inhabitants the rate of taxation cannot, for ordinary city purposes, exceed twenty-five cents on the hundred dollars valuation; in cities having between one thousand and ten thousand inhabitants the rate cannot ex- ceed fifty cents on the hundred dollars; in cities having ten thousand inhabitants and less than thirty thousand the rate cannot exceed sixty cents or the hundred dollars; and in cities of more than thirty thousand inhabitants the rate can- not exceed one hundred cents on the hundred dollars val- uation. In the city of St. Louis, since the city and county gov- ernments are there consolidated, the city may levy for mu- nicipal purposes, in addition to one hundred cents on the hundred dollars, a tax rate not exceeding the rate which a county having thirty million dollars of property or more may levy for county purposes — that is, the rate for city purposes may there be as high as $1.35 on each hundred dollars of valuation. This provision in the Constitution which fixed a maxi- mum rate of taxation for city purposes is of the greatest im- CITIES, TOWNS AND VILLAGES. 353 portance. Perhaps there is not a county court or city council in the State which does not tax the people the highest rate permitted by law, and it was, therefore, a wise provision in the Constitution which fixed a mark above which tax- ation cannot rise. But to meet the cost of working the streets the cities are authorized to levy an annual poll tax of two or three dol- lars on all men between the ages of eighteen and fifty years. And besides, for meeting its other current expenses it has the power to charge a license tax on persons wishing to carry on certain kinds of business, such as saloons, peddlers and auctioneers. But a license is not really a tax; it is a charge or fee for the privilege of doing business. The rates stated in the first two paragraphs of this sec- tion are the rates for ordinary current expenses. Those rates for those purposes cannot be exceeded in any case. But two-thirds of the voters of the city may authorize the city to incur a debt for the construction of waterworks, light plants, public buildings, public sewers and in some cases streets. But again the Constitution fixes a limit to the amount of debt a city may incur. It says that the amount of the city's entire indebtedness cannot exceed five per cent of the assess- ed valuation of all property in the city, except that a city having between 2,000 and 30,000 inhabitants may incur an additional debt of five per cent for constructing or purchas- ing waterworks and light plants to be owned by the city. It further says that before any debt can be created for any purpose two- thirds of the voters at a special election must con- sent thereto, and by the same vote they must authorize the city council to levy, in addition to the taxes for ordinary city expenses, a tax sufficient to annually pay the interest on the debt and the debt itself within twenty years. Thus in no case can the city's indebtedness exceed ten per cent, and in no case unless it owns the waterworks or light plant can it exceed five per cent. But it cannot be stated just what the 23 354 CIVIL GOVERNMENT OF MISSOURI.- tax rate for paying the debt will be. That will depend on the amount of the debt and the entire valuation of all property in the city. It will vary with the years. But it is the duty of the city council to fix it at such an amount as will pay the interest annually and the debt itself within twenty years after it was created. 307. Benefit Assessments. — ^The taxes discussed in the preceding section do not include the cost of constructing side- walks or sewers or paving streets. The cost of construct- ing sidewalks and paving streets are charged against the abutting property-owner, usually in proportion to the number of front feet he has fronting on the street or sidewalk to be improved. In all cities the cost of new sidewalks is charged to abutting property. In cities of one or two classes the cost of grading the street and bringing it to a general level are paid out of the city treasury, and the costs of paving and guttering are paid by the abutting property-owners; in others, the entire cost, both of grading and paving, is paid by the property-owners. The costs of a public sewer (by which is meant a general or main sewer; a sewer which drains all the territory of the city) are paid by the whole city out of its general taxes or revenue in the treasury ; but the costs of district sewers are charged against real estate in the district drained by them, according to area, each square yard being charged with the same amount. These charges for sidewalks, streets and district sewers are not the taxes referred to in section 306. They are not in strict sense taxes at all, although they are usually referred to as "special taxes;" they are, rather, charges for benefits received by the property against which they are assessed, because, it is assumed, its value will to that extent be increased by the public improvement, and they are for that reason often referred to as **benefit assessments." The money paid there- for cannot be used for the purposes for which money received as taxes may be used, that is, for paying any of the ordi- CITIES, TOWNS AND VILLAGES. 355 nary expenses of the city, but it can be used only for the pur- pose for which it is assessed — the construction of the side- walk, the paving of the street, etc. Sometimes the money does not go into the city treasury at all, but what are called ^'special tax bills," indicating the amount each abutting property-owner is to pay as his share of the cost of the side- walk, street, etc., are issued to the contractor who does the work in payment therefor, and then he has the right to have the circuit court charge the amount of that "special tax bill" against the property, and if it is not paid, the property may be sold by the sheriff. The city council (in the case of the larger cities, on the recommendation of other officers of the city) has the right to determine when a new sidewalk is needed and to order the work to be done and how and of what material. When it has done that, the owner of the property may put it down himself within a certain time, and if he fails to do that the city will have it done and charge the cost up to him. And if the improvement is the macadamizing or paving of a street or the construction of a district sewer, the city contracts with some one to do the work and then apportions the cost among the property-owners, and issues special tax bills for the amount. 308. Police Regulations. — ^As a city grows in size and density, greater care must be taken to preserve the health and morals of its inhabitants. The closer men get to each other th*i more likely are their acts to transgress upon each other's rights. So a city has the right to establish reason- able regulations over those acts of its inhabitants which may affect mutual rights. It may abate nuisances, establish quarantine against contagious diseases, prevent pig sties, dairies and slaughter-houses within the corporate limits, for- bid the throwing of slops in the street and the obstruction of sidewalks by goods-boxes and shade trees. It may, in order to ward off disastrous fires, prevent the building of 356 CIVIL GOVERNMENT OF MISSOURI. wooden houses on certain blocks, and it may confine livery stables and lumber yards to certain streets. It may reg- ulate the speed of trains, street cars, horses and vehicles with- in the city limits. There are many other things it may do for preserving the health, the life, the peace or the morals of the inhabitants. Regulations of that kind are called "police reg- ulations," and the police powers of a city depend on the class to which it belongs — the higher the class the greater its powers. But no city can exercise any power of this kind except such as is specifically given it by its charter, and even then it can exercise it only in a reasonable way. 308a. Sanitation. — The preservation of the health of its inhabitants is a primary duty of a city. Good health is the best property any one can own; it is a property without which no other property, however large, will bring any last- ing satisfaction; yet it is a property which if once lost can seldom be fully regained. Every precaution should be taken to protect the health of the inhabitants of a city or rural community. Cleanli- ness is the great remedy. Impure >vater, impure food, veg- etable and animal matter allowed to decay on the back ends of lots and alleys, the hundreds of unclean things that ac- cumulate on streets and in gutters, the filthy habit of spit- ting on sidewalks and in other public places, stagnant water and cesspools on vacant lots, the refuse from stables, facto- ries and dwellings, cause typhoid fever and tuberculosis or consumption and generate many other diseases. And to bring about cleanliness there must be co-operation between families and the city government. Kitchens, back yards and stables must be kept clean. Cisterns should be well built, arid not only should all sur- face or seepage water be kept out of them, but the water should be filtered or in some other way made pure; and if that cannot be done, the water should be boiled before it is drunk. These duties rest upon the family. I CITIES, TOWNS AND VILLAGES. 357 On the other hand, certain other necessary things can be done only by the city government. Underground sew- ers, tight, well-laid and ample in size, are of great value to a city, for they carry away the foul waters, and thereby the health of the people is promoted. Well-paved streets are not only convenient for travel and add to the general beauty of a town, but they also aid sewers in quickly carrying off waters before they become infested with poisons, and thereby add to the public health, for the pavement makes easier the work of keeping them clean. Better water, especially in a town where much smoke is permitted to settle on roofs and in gutters or where foul birds are numerous, can usually be obtained from a general water-works system than from cisterns or wells; but to be pure the streams or wells from which it is taken must be guarded against pollution, and it must often be filtered or made to pass through numerous settling basins, and there must be no openings or leaks in the mains or pipes. The streets and alleys must also be cleaned, if the town is to be healthy and the air sweet and pure. To bring about a general condition of cleanliness, and to guard against the spread of contagious diseases, there must be, especially in the larger cities, a board of health, and often a city physician, to enforce health regulations. 309. City Government is the weak part of American government. In no other are honesty and efficiency so diffi- cult to obtain. In no other are taxes so often wasted. In no other is injustice so often done to the property owner. In no other does the lawless, the idle, the mean man exert such power. In no other is it so difficult to get upright and com- petent men to become candidates for office. In no other are men of wealth and education so unwilling to exert their influence to elect to office efficient and capable men, or to be- come officers themselves. There are many reasons why this is true. To discuss intelligently these reasons would far 358 CIVIL GOVERNMENT OF MISSOURI. outrun the limits of a book like this. But the remedy is at present largely in the hands of the voters of the city, especially of the smaller cities. But no plan could be suggested that would be a remedy in every case. Apian that would prove efficient in one city would fail in another of different conditions. To be efficient the" plan employed must be sug- gested by local conditions. But in every city the remedy can be found if the upright voters try hard enough to find it Questions on Chapter VU. 1. What right has the State given to cities? (287) 2. How are the powers of a city limited? (287) 3. What power may a city exercise? (287) 4. What are the officers of a city? (287) 5. Why is it necessary to have city government? (288) 6. How are cities now classified and organized? (289) T.' What is that general statute? (289) 8. How may an unorganized town be incorporated? (289) 9. How are cities governed? (290) 10. To what subjects do ordinances relate? (290) 11. How are cities classified, and give the classes? (291) 12. How do these classes differ? (291) 13. Who is the chief executive officer, and name his duties? (292) 14. Describe how boards of aldermen are elected. (293) 15. What duties does the board perform? (293) 16. What is said about the marshal? (294) 17. The police judge? (295) 18. What duties are performed by the clerk, assessor and treasurer? (296) 19. What is said of third class cities? (297) 20. How are their affairs regulated? (297) 21. What is said of factory inspection? (297) 22. What is said of second class cities? (298) 23. How is the common council composed? (298) 24. What officers has a city of second class under commission form of government? (298a) 25. What duties do they perform (1) as legislative and (2) executive officers? (298a) 26. How are they elected and nominated? (298a) 27. How may they be recalled? How may certain other officers be appointed and removed? (298a) I CITIES, TOWNS AND VILLAGES. 359 28. How may ordinances be enacted? (298a) 29. Of what is the council composed in cities of third class which have adopted the commission form? (298a) 30. Are they also executive officers? As such what do they do? May they be recalled? (298a) 31. May the initiative and referendum be used? (298a) 32. What is the avowed purpose of commission form of government? (298a) 33. What is said of first class cities? (299) 34. What is said of registration of voters? (299) 35. How was Kansas City organized? (300) 36. How is the municipal assembly composed? (300) 37. When does an ordinance become effective? (300) 38. How is the police department managed? (300) 39. What is said about St. Louis? (301) 40. For what elective officers does the charter provide? (301) 41. What further legislative power have the people? (301) 42. What officers does the mayor appoint? (301) 43. What is said of the finance department? (301) 44. Discuss the board of public service? (301) 45. How is the police department appointed, controlled and paid? (301) 46. What is said of election commissioners? Of excise commissioner? (301) 47. What provision is made for villages? (302) 48. When are elections held in cities? (303) 49. How far m^y city limits be extended? (304) 50. By whom is the extension made? (304) 51. How is property assessed in cities of first class? Of second class? Of third class? Of fourth class? (305) 52. What is maximum rate of taxation for current expenses? (306) 53. What is said of the provision fixing a maximum rate? (306) 54. How else may revenue be raised? (306) 55. For what purpose may debts be created? (306) 56. How may they be created and to what extent? (306) 57. How are costs of sidewalks and street paving paid? In what proportion? (307) 58. How are costs of public and district sewers paid? (307) 59. Are these charges strictly taxes? (307) 60. How can the money collected from them be used? (307) 61. Suppose benefit assessments are not paid? (307) 62. Who may determine when a sidewalk is needed? (307) 360 CIVIL GOVERNMENT OF MISSOURI. 63. What method is used in paving streets and constructing sewers? (307) 64. What is said of police regulations? (308) 65. Why is the preservation of health a primary duty of govern- ment? (308a) 66. What is the chief means of protecting public health? (308a) 67. What things aid or generate diseases? (308a) 68. Can one family alone guard itself against these things? (308a) 69. What duties rest upon a family? (308a) 70. What other necessary duties rest upon the city? (308a) 71. What is said about the difficulties of city government? (309) CHAPTER VIII. PUBLIC SCHOOLS. ' 310, Purposes of Education. — The purpose of educa- tion is to prepare one for right Hving. Those are compre- hensive words. They suggest almost every sound reason for study and learning. They include man's duty to himself and to his fellow-men. The purpose of schools is to help men to grow stronger and better; to become better men — better workers, better friends, better citizens — to have stronger bodies and sounder minds — to acquire good manners and have proper regard for the rights of others. In order that every person may acquire an education, or at least some education, public schools have been estab- lished by law. In providing schools for every child the State did a thing that entitles it to a high place among great nations. Schools for the masses were not known in ancient times, and they are known only among the most enlightened nations of our time. The State is justified in levying taxes for the sup- port of such schools, not only because education multiplies the productive capacity of its citizens many fold and thereby their general riches are greatly increased, but because public schools are the greatest of all forces in harmonizing and uni PUBLIC SCHOOLS. 361 fying and Americanizing all the people. Our hearts ought to swell with gratitude and pride in our State because of the great good that is being accomplished by the public schools. The State schools are divided into common schools, con- solidated schools, town schools, city schools, normal schools, and a university. 311. Common School Districts. — Whenever there are i; twenty children between six and twenty years of age, in any locality not organized into a school district, the voters thereof are authorized to organize such a district, which may be irregular in shape and contain any number of children of school age, above twenty. If the unorganized territory con- tains less than twenty children, it may be added to any 'adjoining district. New districts may also be formed by dividing those already organized. But that cannot be done unless each of the districts affected, including the one to be formed, will still contain as many as twenty children of school age, and property of an assessed valuation of fifty thousand dollars or eight square miles of territory. In each common school district are three directors and if a school is actually conducted at least one school house and one teacher. A rural school having six directors is classified as a con- solidated school district. A district having six directors in which is a city of the fourth class or an incorporated village is classed as a town school. A district in which is a city of the first, second or third class is classified as a city school. 312. Annual Meeting. — The law authorizes all the legal voters of a common school district to meet on the first Tuesday of April of each year, and (1) to elect b'y ballot one director for three years; (2) to determine the length of the school term for the next year in excess of eight months, and (3) the rate they will tax themselves in excess of forty cents on the hundred dollars valuation, if any, for maintaining 362 CIVIL GOVERNMENT OF MISSOURI. the school ; and if the district has no school house, or desires a new one, to vote (4) for the erection of such a house, and to determine (5) on what amount they will further tax them- selves for such purpose; (6) to decide on changes of the bound- aries of the district, and (7) to vote (once in four years) for a county school superintendent; and to transact other business. 313. School Boards. — ^The school board of a common school district consists of three directors, each of whom holds office for three years, one being elected each year. A direc- tor must be a citizen of the United States, a resident tax- payer, twenty-one years of age, and must have paid a state and county tax within one year next preceding his or her election, and may be either a man or woman. A director of any school must possess these qualifications. 314. Powers of School Board. — ( 1 ) The school board is required to make rules and regulations for the government of the school. If it fails to do so, the teacher can make such rules or enforce those made for a previous teacher. (2) It is required to continue the school for eight months in each year, if a tax of forty cents on the hundred dollars' valuation and the district's share of the other school funds, together with the money left over from the previous year, will suffice to pay the expenses of a term of that length; if the moneys arising from these three sources are sufficient, it can continue the school for as many months as it deems wise — even for a longer term than eight months. (3) If two- thirds of the voters at an annual or special election have authorized the district to incur an indebtedness for a school house, the board can issue and sell the bonds of the district to obtain the money with which to build the house, and must direct that such a tax be thereafter annually levied upon all property in the dis- trict as will pay the interest and principal of the bonds as they may mature. And if a majority of the qualified voters who are taxpayers have authorized an increase in taxes to a certain PUBLIC SCHOOLS. 363 ite for one year for the purpose of maintaining school or re- ^pairing or furnishing buildings, the board may direct a tax levy of that rate for the one year. (4) The board is required to employ legally qualified teachers. The law requires the contract to be signed by the teacher and president of the board, and attested by the clerk; but if the board, as such, by an order entered on its record, actually makes a contract with the teacher, it will not be void because the president refuses to sign it, or the clerk to attest it. But no contract is binding unless the teacher holds a teacher's certificate, which must be in force for the full time for which the contract is made, which means that sometime before school begins the teacher must obtain a certificate which extends to the end of the term or the time embraced in the contract. No teacher once legally employed can be discharged until the certificate is revoked by the county superintendent, or the State Superintendent or other officer by whom it was issued. (5) The board is required by law to provide the necessary globes, maps, t charts, supplemental books and fuel, to keep the school house in good repair and it and the grounds ih clean and healthy condition, and to cause the building to be properly lighted, heated and ventilated, and the floors to be swept and the fires to be made — all at the expense of the district. It also has power to exclude from attendance any child afflicted with a contagious disease. A director receives no pay for his services, and he cannot be a teacher in the school of the district for which he is director. These are the main powers and^uties of school boards in all districts. 314a. Consolidated Districts. — The voters of a com- munity may organize a consolidated school district for the purpose of maintaining both elementary schools and a high school. This applies to rural and village communities, except that the territory of a town which has two hundred children of school age cannot be included in such a district. 364 CIVIL GOVERNMENT OF MISSOURI. The district must have either an area of twelve square miles or two hundred children of school age. Two or more common school districts, in whole or in part, may be consolidated into such a district, but no part of an existing district can be taken into the consolidated district unless the part left contains eight square miles of territory and twenty children of school age or property whose assessed value is fifty thousand dollars and twenty children of school age. The district has six directors, each of whom serve three years, two being elected each year. It it secures a building site of five acres the state pays one-fourth the cost of erecting a central high school building (up to $2,000) ; and if it maintains an approved high school, including one year's course in agriculture, the State helps it pay the expense by giving it annually twenty-five dollars for each square mile of its territory, but not to exceed a certain amount, usually eight hundred dollars a year. The board is required to continue the elementary schools of the district eight months in the year, if a tax rate of sixty-five cents on the hundred dollars of assessed valuation of all property in the district, together with its share of the public school funds and the money on hand, is sufficient to maintain a school of that length ; and if it levies that rate and the amount of money arising from these sources is not sufficient to continue school for eight months, the State will aid it to make up the deficiency by giving it money out of the State Treasury, usually an amount equal to two hundred dollars for each elementary school in the district. 315. City and Town Schools. — The statutes provide that school districts embracing cities or incorporated villages may, by a vote of the people, organize into a city or town school district. In such a district a school building may be erected in each school ward, and one general high school may also be provided. If the school moneys are sufficient these schools must be kept open not less than eight months nor more than ten months in the year. Each is controlled by a PUBLIC SCHOOLS. 365 board of six directors, two of whom are elected each year. In these districts instead of an "annual meeting," such as is held in a common school district, there is an election, conducted very much as other general elections are. They are held in April, on t'he sanie day city officers are elected. The proposi- tions upon which the voters are to pass are printed on ballots ^ and the voter scratches from his ballot the propositions he does not approve. Those propositions relate to the same sub- jects that an annual school meeting may consider as mentioned in section 312, except that where additional school houses are to be built the voters do not have the right to determine their location, but the board divides the district into wards, and selects the site for a building in each. 1. The State grants to a city or town school a small amount of money, usually from $200 to $800 a year, to aid it in maintaining a high school. No town whose taxable wealth is more than six hundred thousand dollars can receive such aid ; and the less the assessed valuation of the property in the town, the greater is the amount of aid it receives. The pur- pose is to aid a town to maintain a high school which is doing all it can to help itself and yet does not have sufficient funds to do so. In order to receive the aid the district must levy the highest school taxes permitted by law for "school pur- poses" and maintain a high school with an average daily attendance of at least fifteen pupils and give one year's course in agriculture. 2. A city school district is a different corporation from the city government. It may have different boundaries. The extension of the city limits automatically extends its bound- aries to the same limits, but it may include territory that the city does not. Its officers are in no wise answerable to any city officer for their conduct. It is a separate organization. Although it may embrace the same inhabitants and the same territory as does the city, it is just as independent of the city government as is any rural school in the county, except, of 366 CIVIL GOVERNMENT OF MISSOURI. course, city police regulations concerning the public health must be observed, and the school property is chargeable with its share of the cost of sewers, sidewalks and street improve- ments, but it cannot be otherwise taxed. 3. In cities having seventy-five thousand inhabitants elections are not held annually, but only once in two years, and at each such biennial election two directors are elected for a term of six years, except in St. Louis where there are twelve directors, all of whom are elected for a term of six years, one-third of them being elected every two years. These boards may prescribe rules and regulations for the examination of persons desiring to teach in their schools, may provide large libraries and free reading rooms, and may es- tablish and maintain free night schools. Otherwise, their powers are very similar to those of all other boards. 315a. School Day, Week and Month. — The schoo^ day in all schools consists of six hours occupied in actual school work. The school week consists of five school days except when Thanksgiving Day, Christmas, February 22nd or July 4th fall upon a regular school day; then the remaining four days, if taught, constitute a legal school week. The school month consists of four school weeks. 315b. Special Days. — The first Monday of October is designated by law as Missouri Day, and is set apart as a day commemorative of Missouri history, to be observed by teachers and pupils with appropriate exercises. The first Friday after the first Tuesday in April is Arbor Day, and all teachers, pupils and patrons are requested by the State, but not re- quired, to observe it in planting trees, shrubbery and flowers upon and around the school grounds. The 21st of March is Bird Day, and teachers, pupils and patrons are requested by the State to devote it to the study of birds, their habits and usefulness, and especially of the birds in the neighborhood of their school. September 28th, or the school day nearest that date, is Frances Willard Day, and one-fourth of it is set apart PUBLIC SCHOOLS. 367 by law for instruction in the history and benefits of the prohibition of the manufacture and sale of intoxicating liquors in the United States, and for appropriate exercises relating to that subject. 315c. School Age. — ^The Constitution says "The Gen- eral Assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in the State be- tween the ages of six and twenty years." Persons between the ages of six and twenty years are said to be of school age. 315d. Subjects to be Taught. — The Constitution does not say what subjects shall be taught in the public schools, nor has the Legislature done so. Nor does the Constitution or the statutes say that the books used shall be printed in the English language. But the school laws are all built on the theory that the primary duty of a public school is to give in- struction in elementary subjects, such as spelling, reading, penmanship, arithmetic, geography, grammar, history and civil government, and that if the district does not have money enough to provide for instruction in these elementary sub- jects and in higher ones the work of the school must be con- fined to education in elementary subjects; but they also contemplate that if there is sufficient money there will be a high school as well as elementary schools. And the laws wisely do not name the subjects that shall be taught in any school. They delegate that matter to its chosen officers who are experienced in education. They require the county super- intendent to adopt a course of study for the schools of the county, and require that course to be followed by teachers and boards ; and they require the county text-book commission to adopt text-books for use in all the schools of the county, except those in certain cities, and say that no other books shall be used as texts except those so adopted ; and they require the State Superintendent to classify public high schools into first, secoxid and third class, and to prescribe the minimum course of study for each, and he and the many local superin- 368 CIVIL GOVERNMENT OF MISSOURI. tendents working together have agreed upon the subjects that are to be taught and the amount of study that must be given to each in each high school in order that it may be class- ified as a first, or a second, or a third class high school. 315e. Textbooks. — A majority of the legal voters of any school district may at the annual or a special meeting author- ize the board to purchase from its incidental fund all text- books needed for use in the school and furnish them to pupils free of charge. The books so bought are the property of the district, and can be used by the pupils only in accordance with such regulations as the board may prescribe. There are many demands upon the incidental fund, which can never be large, and therefore there may not be enough money with which to buy all the books the school needs, and when that is the case the board must first supply the lowest grades and then the other grades in order until all the elementary grades are supplied before any books are bought for the high schools. But there is another fund of which any school board may avail itself for that purpose. That is the county insurance fund, and it can be explained in a few sentences. The State levies a tax of two per cent on the premiums received by for- eign insurance companies on policies issued by them to citi- zens of this State. One-half of that tax is annually turned over to** the various counties, in the proportion that the - number of* children of school age in each bears to the whole number in the State. When a county's share is received, the county court is required to apportion to each incorporated city or town its share, using the same rule of apportionment (that is, each town gets such a proportion of the county's share as the number of school children in the town bears » to the whole number in the county) and the balance is placed in the county treasury to be used as county revenue. The fund will be applied in that way unless the school boards avail themselves of their right under the present law to have it turned over to them to be used in the purchase of school books. If the PUBLIC SCHOOLS. 369 board of any school district certifies to the county court be- fore the insurance fund for any year is distributed to the cities and the county treasury, that the board is furnishing text-books free of charge to the pupils in the first four grades, the court must apportion to that district its share of the fund, to be used in buying books for the school, and its share will be such a part of the entire amount apportioned to the county as the number of children of school age in the district bears to the whole number in the county. Thus the entire county insurance fund may be applied to purchasing text books for use by the pupils of the school districts of the county ; and as it annually amounts to over $400,000, or about 46 cents for each child of school age in the State, it is .sufficient in the course of two or three years, together with so much of the incidental fund as x:an be spared to that purpose, to purchase what text books the pupils of a district will need. 315f. Libraries. — The school board of every district is required to make some provision for a school library. In cities having between five and one hundred thousand inhabi- tants the board may spend from two hundred and fifty to twenty-five hundred dollars each year in establishing and maintaining libraries and public parks and play grounds for the use of the school children. In all other districts the board must spend each year not less than five nor more than twenty cents for each child of school age in the district in buying suit- able books for a school library, including supplementary readers and reference books ; and the selections are made from a list of books recommended by the State Library Board, consist- ing of the Superintendent of Schools and four other persons appointed by the State Board .of Education. A part of the books listed by the board must be such as will supplement the regular schoolroom work of teacher or pupils in reading, literature, history, geography and nature study, or practi- cal agriculture. After one hundred volumes have thus been purchased books other than those selected by the State Library 24 370 CIVIL GOVERNMENT OF MISSOURI. Board may be bought. Over ninety per cent of all the schools in the State now have libraries, and the number of books in them is over a million and a half, and that number is increas- ing at the rate of more than a hundred and fifty thousand volumes a year, and, what is still better, the books now being purchased are of a better quality and kind and more likely to inspire a love for reading and a thirst for useful knowledge. 315g. Compulsory Attendance. — The law requires all children between the ages of eight and fourteen years to be sent to some school unless there is good reason why they should not be compelled to attend. The school need not be a public one; but unless children of that age attend a parish or parochial or other private school, or receive regular daily instruction at home equivalent to that received by children of like age in the public school, they may be compelled to attend a public school. But there are reasonable exceptions to the rule : if the child is sick, or is mentally or physically afflict- ed, or has completed the common school course, or there is no school within two and a half miles of the child's residence, or if the child's parents or guardian through extreme poverty is unable to provide proper clothing for the child, the rule com- pelling the child to attend cannot be enforced. The school board in every district haying more than one thousand in- habitants has power to employ an attendance officer to see to it that every child who has no such excuse is compelled to attend some school ; and parents whose children of that age have no such excuse are liable to be punished in the courts if they do not send them to school. The law compelling children to be sent to school is meant to complete what are called the child-labor laws. No child under the age of fourteen years is permitted to work at any gainful occupation except at agricultural pursuits or in domies- tic service ; and no child under the age of sixteen years is per- mitted to work in a hotel, or concert hall, or wholesale drug store, or a pool or billiard hall, or a factory using dangerous i PUBLIC SCHOOLS. 371 machinery or poisonous acids or explosives, or a brewery or any other place where alcholic liquors are manufactured or sold, or in operating any automobile or motor truck, or in any other employment dangerous to the lives or injurious to the health or morals of children; and no child whose age is between fourteen and sixteen years can be permitted to work in any other place unless there is produced an employment certificate obtained from the superintendent or other proper officer of the school certifying that the child has regularly at- tended some school and is able to read and write simple sen- tences in the English language. The principle upon which these laws are founded is that children are entitled to their childhood, and their lives must not be embittered or their bodies dwarfed or crippled by being forced to work in places in which only persons of mature years and fixed morals and sober thoughtfulness can work with safety; and, the State having shut them out of such places, it is under obligation to require them to attend school and receive an education that will prepare them for such employments or other useful pursuits. 315h. Vocational Training.— In 1917 Congress inaugu- rated a plan for vocational education in the public schools. The plan contemplates that the Government will co-operate with the States in preparing teachers to give instruction in agriculture, trade, industry and home economics and in paying the salaries of teachers of those subjects. The Congress set aside a certain amount of money, consisting of a half million dollars for the first year and increasing each year for three years, after which it is to be one million dollars annually, to be used in preparing and training teachers to give the most valuable instruction in those subjects. It also set aside a larger amount, beginning with a half million for the first year and increasing each year for eight years, after which it is to be three million dollars a year, to be used in paying the salaries of teachers, supervisors and directors of agricultural subjects, and an equal sum to be used in paying the salaries of teachers 372 CIVIL GOVERNMENT OF MISSOURI. of trade, home economics and industrial subjects. The money is to be used exclusively for those purposes. It is to be distributed among the states in proportion to population — that for education in agriculture in the proportion that the rural population of a state bears to the rural population of all the states, and that for instruction in trades, industries and home economics in the proportion that its urbain or city population bears to the urban population of all the states. To receive its share for either purpose a state must provide an equal amount for the same purpose. The cost of instruction in other subjects, necessary for a well-rounded course of training in any of these vocational subjects, must be borne by the state or local boards, and they must also provide the necessary school house and equipment. Missouri was the first State in the Union to accept the plan. The General Assembly empowered the State Board of Education to arrange for the training of teachers in these various subjects, to prescribe the studies to be pursued in the schools, and to fix the requirements which a school must meet in order to have the benefit of the fund. Teachers are trained in the Normals, the University, or in the high school of a city having seventy- five thousand inhabitants. The controlling purpose of voca- ional education is to fit young persons for useful employment. In agricultural subjects the education is designed to meet the needs of persons over fourteen years of age who are preparing themselves to become efficient farmers, and the school giving the course must provide for actual practice in agriculture on a farm for at least six months in each year. The education in trade, industry and home economics is designed to meet the needs of persons over fourteen years of age who are preparing for a trade or industrial pursuit; the school giving the instruc- tion to persons who have not entered upon such employment must require that at least half of the time of such instruction be given to practical work in a useful or productive pursuit; and at least one-third of the moneys appropriated to pay the PUBLIC SCHOOLS. 373 salaries of teachers must be applied to part-time classes for workers under eighteen years of age who have entered upon employment and desire to enlarge their civic and vocational knowledge, the course provided for them being not less than 144 hours of class-room instruction per year, and there may be an evening industrial school in which the instruction is supple- mental to the daily employment of students over sixteen years of age. A school board may furnish a course in agriculture alone, or in trade, industry or home economics alone, or it may furnish a course in both branches of study; but in order to receive from the State, and through it from the Federal Government, one-half the teachers' salaries, it must provide the other half. 316. Taxation and Length of School Term. — It is the policy of the law to maintain a school for at least eight months each year in each school district, and whether or not there will be a longer term often depends on the voters them- selves. The taxpayers in each district are by law compelled to submit to a tax of forty cents on each hundred dollars of the assessed valuation of all property in the district, for em- ploying teachers and paying the incidental expenses of the school, unless a less tax rate, together with the district's share of the various public school funds and the money left over from the previous year, will be sufficient to maintain a school for eight months. If a less rate, together with these other moneys, will yield enough to maintain an eight months' term, the board may make the rax rate any sum it pleases less than forty cents. The board is bound to levy a rate of forty cents if that sum is necessary to maintain an eight months' school. And the board can levy forty cents, without consulting the taxpayers, even though that rate would provide for a nine or ten months' term. But is cannot exceed that rate unless a majority of the taxpayers authorize it to do so, and then it must fix the rate at such sum as they direct. 374 CIVIL GOVERNMENT OF MISSOURI. This rate of forty cents applies to all divStricts in the State except in those cities having one hundred thousand inhabit- ants or more, where the rate is sixty cents on the hundred dollars' valuation instead of forty. These are the rates that the boards may fix without con- sulting the taxpayers, but in all rural districts the rate may be increased to sixty-five cents on the hundred dollars' valuation by a majority of the tax-paying voters, and in all city or town districts to one hundred cents. These are the tax rates for "school purposes," which mean the employment of teachers, paying janitors, buying fuel, and other "incidental expenses." The money raised for school purposes can not be used for paying bonds or other permanent debts. But even these maximum rates do not afford sufficient funds to maintain a school for eight months in some districts. When that is the fact the law makes provisions for State aid ; but the State requires the district to do its best towards raising the necessary funds before it will furnish such aid ; it requires the voters of the district to authorize a levy of the highest rate of taxation for "school purposes" permitted by the Constitution. If the voters authorize a tax levy of sixty- Irve cents on the hundred dollars of valuation in a common school or rural consolidated district, or one of one hundred cents in a city or town district, and the amount of money produced by such levy, together with the district's share of the public school funds and the money on hand, is not sufficient to pay a teacher holding a third grade certificate forty dollars a month for eight months, or fifty dollars per month to a teacher holding a second grade certificate, or sixty dollars per month to one holding a first grade certificate, or any less salary, the State Treasurer will turn over to the board a sufficient amount to make up the deficiency and enable it to maintain a school for eight months, but usually not to exceed two hundred dollars for any one year, unless it employs more than one teacher. PUBLIC SCHOOLS. 375 317. Taxation for School Houses. — Any schoor district may contract a debt for school houses, furniture or building sites. And the property within the district must be taxed to pay that debt. And in addition to the tax to pay that debt, the property within the district may be further taxed to create a fund to build other houses. But the debt of a district can at no time be increased if that then existing equals five per cent of the assessed valuation of all property within the dis- trict. Nor can any district create a debt until two-thirds of the qualified voters of the district voting at an election authorize it. The vote may be taken at an annual school meeting or a special election, but in either case two-thirds of the voters voting at the election must vote "for the loan" before it can be legally charged against the district. If that is done, then thereafter the school board must annually levy such a tax as will pay the interest as it accrues, and it must also levy such a tax as wdll pay the debt itself within twenty years. But after having created a debt equal to five per cent, the patrons of a school may yet w^ant more school house room. Suppose after the district has voted a loan equal to five per cent and built a school house, the school house burns down without insurance; its taxpayers of course must be taxed to pay that loan. Or suppose the voters wish to build a school house, but do not wish their district to go in debt for it; or suppose after authorizing a loan they find that it will not build quite so good a house as they need. In any such case, a fund for building purposes may be created when two-thirds of the qualified voters of the district vote for a tax for that purpose, and there is no limit to the tax that may be levied for such purpose, but the tax can be voted for only one year at a time, but may be voted each succeeding year. It can be levied for no year unless two- thirds of the voters authorize its levy for that year. But the tax to pay a loan, when once authorized., must be levied by the board each year until the entire debt is paid. 376 CIVIL GOVERNMENT OF MISSOURI. ^ Thus we see that the rate of taxation for current school purposes will not exceed sixty cents on the hundred dollars of the assessed value of property in districts composed of cities having one hundred thousand inhabitants, and forty cents in all other districts, unless a majority of the voters who are taxpayers authorize a higher rate; but those rates for those purposes may be increased to one hundred cents in cities and towns, and to sixty-five cents in other districts. And for the purpose of erecting buildings in any district, the tcixes may, by two-thirds of the qualified voters, whether taxpayers or not, be increased for any one year to any rate they may determine upon; and if two-thirds of the voters have authorized the board to issue bonds to be used in erecting school houses or other buildings, an additional tax sufficient to pay the annual interest on those bonds and at least one-twentieth of the bonds themselves must be levied each year. 318. Power to Fix Tax Rate. — The power given to a majority of the taixpayers of a district who are legal voters to determine what shall be the tax rate for school purposes is unusual in Missouri government. It is the only case in which the taxpaying voters have the right to say what the tax rate shall be. In county government, the rate of taxation for current county expenses is fixed by the county court, but it cannot exceed certain maximum rates. In city government, the rate is fixed by the council and mayor, and can be fixed at any rate not in excevss of a certain maximum rate prescribed by law. But in school districts the board can fix the tax rate at g. certain minimum rate prescribed by law, but a majority of the taxpayers who are voters, if they choose, may fix upon a higher rate for "school purposes," and two-thirds of the voters may fix an unlimited rate for building purposes for any one year. These provisions show how greatly con- cerned the State is in education. The law puts it largely in the hands of the taxpaying voters to say how efficient their school shall be. If the school is not a good one the taxpayers, who PUBLIC SCHOOLS. 377 refuse to vote a tax large enough to maintain an efficient school, are largely responsible. 319. The State Board of Education is composed of the Superintendent of Schools, Governor, Secretary of State and Attorney-General. The Constitution vests in it "the supervision of instruction in the public schools," but it in fact exercises very little supervision over them except in the matter of vocational training, because the laws have imposed on other officers the actual work of conducting schools and giving instruction in them. But it does other things of value to the schools. It looks after the swamp and other lands which have been granted to the counties in which they lie to be sold for the benefit of public schools, and sees to it that when the lands are sold so much of the money as belongs to the schools is turned into the school funds. It directs the investment of the Public School Fund and the Seminary Fund (described in succeeding sections) and sees to it that the incomes arising from tliem are applied for the purposes for which they were created, and that the public schools receive each year the moneys appropriated by the Legislature for their support. It also appoints one member of the text-book commission of each county, and four members of the State Library Board. 320. School Funds. — There are several kinds of per- manent school funds created by law for the purpose of sup- porting state schools. The local fund has already been dis- cussed ; it is the fund raised by direct taxation upon the prop- erty of the taxpayers in each district. But in addition to that there are the Public School Fund, the Seminary Fund, the .County Fund, the Township Fund and special district funds — all permanent funds. 321. The Public School Fund.— There is a perma- nent endowment of the public schools of the entire State which is by the Constitution called the "Public School Fund." It amounts to more than three millions of dollars, and only 378 CIVIL GOVERNMENT OF MISSOURI. the annual income thereform can be used for the support of the schools. It had its origin in an act of Congress dated June 13, 1812, the passage of which was secured largely by Thomas F. Riddick, an honored citizen of Missouri, ^ho rode on horseback all the way to Washington to persuade Congressmen to support the measure. That act and other subsequent acts of Congress gave to Missouri certain saline and swamp lands lying within her borders, to be sold and the proceeds to be turned into the State Treasury, to be invested by the State and the income to be used for public schools. To this fund have also been added certain fines and forfeit- ures, and unclaimed escheats. Sometimes it occurs that persons without known or ascertainable heirs die without wills, leaving estates. The proceeds of such estates are turned into the State Treasury, and if not claimed within twenty years by some rightful owner are transferred to the Public School Fund. 322. The Seminary Fund is another state school fund, the proceeds of which are applied to the support of the State University, which has been established at Columbia for the purpose of affording the highest education in collegi- ate learning, in the law, in medicine, in electrical and civil engineering, in scientific agriculture, and in other branches of useful study. This fund amounts to about one million two hundred and fifty thousand dollars. It began in the grant by Congress in 1818 and 1820 of 72 sections of un- entered land lying in Jackson, Lewis, Scott and other coun- ties. These lands, which in the aggregate amounted to two whole townships, were sold and the proceeds, amounting to about one hundred thousand dollars, were used to provide an endowment for the University. In 1862 Congress gave certain other lands in the State in aid of education in agri- culture, and these were sold about 1883, and nearly four hundred thousand dollars more were added to the Seminary Fund. Then in 1891 Congress reimbursed Missouri for the PUBLIC SCHOOLS. 379 money that had been raised from the citizens of this State ($646,958.23) by the "direct tax" mentioned in section 62, and this was added to the Seminary Fund. Other small sums have been added from time to time, until the entire Seminary Fund has risen to what has already been stated. It is a per- manent endowment for the State University, and the School of Mines and Metallurgy, which is a part of the University. 324. How Invested. — The Public School Fund and the Seminary Fund have been accumulating for almost a century. The Constitution of 1875 required them to be invested in the bonds of the State or of the United States, and they were invested in State bonds. But the Constitution also required all State bonds to be gradually paid, and required that an annual tax on all property in the State should be levied to raise money with which to pay them, and by 1902 all of them except those belonging to these two funds had been paid. What was the State to do in that situation? It could have gone ahead lewing the tax until it had an amount of money in hand equal to the par value of the bonds, and have turned over that amount of money to the Stat€ Board of Education and taken up and destroyed the bonds belonging to these funds. But what would the board have done with the money ? If that had been done it would have been compelled to invest it in United States bonds, which bear not to exceed three per cent, and the State bonds in w^hich these funds were invest- ed bore six per cent; that course would have meant that the public schools would each year thereafter receive about S90,000 less and the State University about $37,500 less than they had been receiving from these funds. That course was not pleasing to the people of the State. An amendment to the Constitution therefore was proposed and overwhelm- 1^ ingly adopted. It contemplated that the bonds in which the funds were invested would not be paid, but (being in possession of the State) would be cancelled, and in lieu of them an equal amount of certificates would be signed by the 380 CIVIL GOVERNMENT OF MISSOURI.. Governor and turned over to the State Board of Education, and that they would bear the same interest, at least for twenty years, that the bonds had borne, and that a tax of three cents on the hundred dollars' valuation, or so much of it as might be needed, should be annually levied to pay that interest, and when paid so much of the interest as pertained to the Public School Fund should be distributed to the public schools and so much of it as pertained to the Seminary Fund should be turned over to the State University. The Public School Fund and the Seminary Fund are therefore invested in "certificates of indebtedness" signed by the Governor and issued to the State Board of Education. These certificates are simply non-negotiable State bonds. They are simply debts which the State owes those funds, and therefore the Constitution calls them ''sacred obligations of the State." They express an agreement on the part of the State to raise by means of taxation the annual interest they bear, and to pay the principals thereof whenever the people by a change in their Constitution shall direct some other way in which to invest them. Invested in this way the State itself is the debtor or the borrower of the money belonging to these funds, and invested in this way they can be wasted or lost only when the people of the State lose their sacred honor. These funds are still slowly growing ; some money is added to them every year; and now whatever amount belonging to them accumulates in the State Treasury is invested in county, city, school district or drainage district bonds. 325. Legislative Appropriations. — The Constitution provides that at least one-fourth of the ordinary State reve- nues shall be appropriated for the use of public schools. Since 1887 the Legislature has appropriated one- third of the reve- nues to this purpose. The entire amount annually turned over to the schools from these appropriations and from the interest on the State Public School Fund is about two million dollars, and is more than two dollars for every child of school I PUBLIC SCHOOLS. 381 age in the State. The large part of this money is apportioned to the various counties by the State Superintendent of Public schools according to the number of teachers and the numbers of days all children have attended school during the past year, and each county's share is by the county clerk divided up among the school districts of the county in the same proportion, and the money turned over to the county treasurer and by him paid out to teachers. By this means the State aids the whole State to have public schools, but especially counties of small taxable wealth. 326. County School Fund. — There is also in each county a County School Fund which is loaned and the inter- est used to aid the public schools of the county. It is now derived almost entirely from fines, penalties and forfeitures. The net proceeds of fines imposed in the circuit court and in magistrates' courts go into this fund, as do the amounts real- ized from bonds forfeited to the State by those persons accused of crime who escape after having given bail. In some counties a part of this fund has been derived from the sale of swamp lands lying therein, which were granted to the State by Con- gress, and then to the counties by the General Assembly, to be sold and the net proceeds added to the public school fund of the county. The County School Fund is loaned by the county court on unmortgaged real estate worth at least twice as much as the amount loaned, and the interest as it is paid is appor- tioned to the various school districts of the county in pro- portion to the number of children of school age in each. The aggregate of all the county school funds of the State is nearly six million dollars, and is increasing at the rate of nearly one hundred thousand dollars a year. 327. Township School Funds. — In each county there is also a separate Township School Fund. The laws of Con- gress and of Missouri required that section 16 of every Con- gressional township be sold and the money added to a town- 382 CIVIL GOVERNMENT OP MISSOURI. ship school fund. The money is loaned by the county court, just as is the County School Fund, and the interest as it is paid is distributed among the school districts of each town- ship in proportion to the number of children of school age in each. The aggregate of these funds in all the counties is more than two million fiv^ hundred thousand dollars. 328. Special District Funds.— The early French towns in this State, such as St. Louis, St. Charles, Carondelet and others, always had a common field which had been used by all the inhabitants of the town for pasture and other purposes. That of St. Louis, for instance, was called the Grand Prairie Common Field. By an act of Congress, dated June 13, 1812, these commons were given to the inhabitants of the town to which they belonged ''for the support of schools," and by subsequent acts of the Legislature and in some cases by vote of the people also, these lands were sold and a part or all of the moneys turned over to the public school district of the towns. Besides, special gifts or be- quests have been made to some districts. These funds con- stitute, in part, what is classed as the Permanent Special Dis- trict funds. They amount altogether to about two million six hundred thousand dollars. At least two millions and a half of that amount belong to the school district in which St. Louis is situated, and a part of it was obtained from the sale of a part of section sixteen of the township covered by the city, and by fines and forfeitures. But as that city is a county within itself and there is there no longer a Con- gressional township, the County Fund, the Township Fund and the Special District Fund are all consolidated into one, and is usually classed as a Special District Fund, although it has, in part, been created in the same way that the County Fund and Township Fund have been in other counties. 329. Public School Endowment. — The Public School Fund, the County School funds, the Township School funds and the Special District funds amount to more than fourteen PUBLIC SCHOOLS. 383 million dollars, and they yield over eight hundred thousand dollars annually; and when to this income are added the one- third of the State revenues and the other sums appropriated by the Legislature, the entire amount which the public schools receive each year, in addition to the taxes raised in the various districts, is considerably more than two million dollars. 330. Cost of Public Schools. — In addition to the money appropriated by the Legislature and the income from the various school funds, the school boards raise over thirteen millions annually for "school purposes" by local taxation, and over three millions more for paying debts and other "building purposes." The entire cost of the public schools for the year ending June 30, 1915, was S19,700,626. The annual cost of the University and the six Normal Schools is over one million more. In 1915 there were 922,831 children of school age in the State, and almost exactly four per cent of them were colored. There are 9792 school districts, and nearly twenty thousand public school teachers, and of the districts six hundred have high schools, in which nearly two thousand high school teachers are employed. 331. State Normals. — For the purpose of educating teachers the Legislature has established five Normal schools for white persons — at Kirksville, Warrensburg, Cape Girar- deau, Springfield and Maryville — and one for negroes, Lin- coln Institute, at Jefferson City. Each of these schools is managed by a board of regents appointed by the Governor, and these boards elect a faculty or a set of skilled teachers. The permanent school funds of the State of all kinds on June 30, 1915, were as follows: Amount of State School Fund $3 , 159 , 281 . 14 Amount of Seminary Fund 1 , 280 , 382 .85 Amount of County School Fimds 5 , 919 . 21 1 . 65 Amount of Township School Funds 2 , 514 , 123 . 27 Amount of Special District Funds 2 , 620 , 624 . 32 Total of all funds / $15 , 493 . 623 . 23 384 CIVIL GOVERNMENT OF MISSOURI. The number of students in these schools is large. The schools are supported by the State out of money appropriated for that purpose by the Legislature. 331a. Teacher-Training. — In furtherance of the purpose of training and educating teachers for elementary and rural schools, and in order that there may be a school close to their homes where they may receive such preparation, the State appropriates a small amount of money, usually seven hundred and fifty dollars a year, to such high schools of the first class as are approved by the State Superintendent and maintain a teachers' training course; but no school can have such aid unless a class of ten teacher-training students was maintained during the preceding semester. The money so appropriated must be used in paying the salaries of teachers in the eleventh and twelfth grades. The State Superintendent prescribes the conditions for admission to the teacher-training classes, and the studies to be pursued. The State also aids the school boards in St. Louis and Kansas City to maintain a teacher- training school for the training of teachers for th,e elementary schools of these cities, but in order to obtain the aid the course of instruction must include a two-year professional course in advance of a four-year standard high-school course. 332. Schools for Colored Children.— The Constitu- tion says: "Separate schools shall be established for the education of children of African descent." No colored child can attend a school established for the education of white children; nor can a white child attend a school for colored children. , The school for colored children must be of the same length as that for white children in the same district, and their school must give the same advantages and privi- leges as are provided in schools of corresponding grade for white children in the district. Their teachers are paid in the same way, out of the same fund. And if there are fifteen colored children of school age in the district a school must be provided for them by the school board, or the district will PUBLIC SCHOOLS. 385 lose its part of the public school funds for the next year; and if there are a less number, they can attend any school for colored children in the county and the board must pay their tuition. 333. County Superintendent. — In each county there is a county superintendent of public schools, elected by the qualified voters at the annual school meetings in 1915, and every four years thereafter, for a term of four years. He is paid a salary varying from seven hundred to fifteen hundred dollars a year, the amount depending on the population oi the county. Four hundred dollars of the amount is paid by the State, and the rest by the county. He has general supervision over all the schools of the county, except town or city schools employing a superintendent who devotes at least one-half his time to the direct work of supervision. He is required to visit each of such schools at least once a year, and to give such aid as he can, both to the teacher and board, in bettering the school work and conditions. He holds an- nually not less than six public meetings in different places in the county for discussing educational matters and coun- seling teachers and boards, and teachers and directors are required to attend these meetings. One of these meetings is held, for two days, at the county seat, in July or August, or just before the beginning of the fall terms of schools, at which teachers and directors receive instruction from him and other trained schoolmen in methods of teaching and school management. He adopts a course of study for these schools, and a plan of grading them, and arranges a system, of final examination and graduation of pupils who have com- pleted the course of study prescribed by the State for rural schools. He conducts examinations, for two days each, three times a year, for those wishing certificates authorizing them to teach in the public schools. The examinations are public and written. The questions to-be answered are pre- 25 386 CIVIL GOVERNMENT OF MISSOURI. pared by the State Superintendent, and the papers of ap- pHcants for a first grade certificate are graded by him, as are also, upon request, the papers of those desiring second or third grade certificates, but unless such request is made they are graded by the County Superintendent. In every case, whoever grades the papers, the latter officer grants the certificate, but he can not grant it unless the grades reach certain percentages fixed by the statute, nor unless the applicant is of good moral character. There are three grades of certificates, first, second and third, the third grade being valid for one year and the second grade for two years in the county in which issued, and the first grade for three years anywhere in the State. To obtain a third grade cer- tificate the applicant must obtain an average grade of 80 per cent in spelling, reading, penmanship, language lessons, geography, arithmetic, English grammar. United States history, civil government (including the government of Missouri), agriculture, pedagogy, and physiology, and hy- giene, with special reference to the effect of alcoholic drinks and stimulants and narcotics generally upon the human body. To obtain a second grade certificate the applicant must obtain an average grade of 85 in the foregoing subjects and algebra and literature. To obtain a first grade certificate the applicant must obtain an average grade of 90 per cent on all the foregoing subjects, and upon one branch of history, either ancient, mediaeval or modern, or English, and one branch of science, either physical geography, physics or elementary biology, and must have had eight months' experience in teaching. In addition, after September 1, 1916, the applicant for a first or second grade certificate must have completed three years, and after September 1, 1918, four years, of the course of study prescribed for an accredited high school, or an equivalent course in some college or other school. PUBLIC SCHOOLS. 387 For some years prior to 1909 there could be no county superintendent until a majority of the voters of a county had voted to have one, and not many counties so voted. But in 1909 the Legislature created the office of county superin- tendent, and required him to be elected and to have an office at the county seat, just as other county officers. The office has proved to be one of great public benefit. The superin- tendents have become the source of great inspiration among the people along many useful lines. Not only have teachers been helped, not only have school patrons been induced to take a greater interest in their school and to bring about healthier and more comfortable conditions in the school house and grounds, but a larger community spirit is awakening, and whole sections of a county and In some cases a whole county are uniting to make rural and village life more profit- able and inviting. 334. Text-Book Commission. — ^There is alsQ a county text-book commission, composed of the County Superin- dent, one member appointed by the county court, and another appointed by the State Board of Education. This commission adopts the text-books to be used in the schools of the county, and contracts with publishers for the sale of such books, for a period of five years, at designated prices, and then no other book can be legally used in the county while such con- tract lasts. The adoptions of the county commission do not apply to all the schools of the county; they apply to all except those in cities and towns having one thousand children of school age or a high school affiliated with the State University. 335. Non-Sectarian Education. — ^The Constitution does not permit the public school funds to be used in aid of any church school. There is a great number of such schools in Missouri. The various churches have established col- leges, seminaries, academies and other schools, and the people who contribute to them, even though they send 388 CIVIL GOVERNMENT OF MISSOURI. their children to them, must also pay their share of taxes for the support of the public schools, and the taxes they pay for that purpose cannot be used to support these church or private schools. The Constitution says that "neither the General Assembly, nor any county, city, town, township or school district shall ever make an appropriation, or pay from any public fund whatever anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, controlled by any religious creed, church or sectarian denomination." This language prevents the use of public school moneys for any school except for such as the State has directed to be established. 336. Exempt From Taxation. — But it is not the pol- icy of the State to tax church or private schools, for any pur- pose. The Constitution says that lots to the extent of one acre and the buildings thereon, within any incorporated city or within one mile thereof, if "used exclusively for religious worship, for schools or for purposes purely charitable" are exempt from taxation of all kinds; and lots to the extent of five acres one mile or more distant from ^ such city, when used for such purpose, are exempt also. The endowments of colleges and of other church or pri- vate schools, if they consist of money which is loaned, are usually not taxed, but so much of such endowments as is invested in lands is taxed. Questions on Chapter VIII. 1. What is the purpose of education? (310) 2. Why were public schools established? (310) 3. Why is the State justified in laying school taxes? (310) 4. How are the state schools divided? (310) 5. When may a new district be organized? (311) 6. What officers has each common school district ? (311) PUBLIC SCHOOLS. 389 7. What is a consolidated school district? (311) A town school? (311) A city school? (311) 8. What are the first three powers of an annual school meeting? (312) 9. What powers has the meeting in reference to a school house? (312) 10. What are the terms and qualifications of a school director? (313) 11. Name the first duty of the school board. The second. (314). 12. Who employs teachers? (314) When is the contract binding? (314) 13. Repeat the fifth duty of the board. (314) 14. Are these the main powers and duties of all boards? (314) 15. Discuss a consolidated school district. (314a) 16. When will the State aid it? (314a) 17. Discuss city and town schools. (315) 18. To what extent, why and when does the State aid a town or city school? (315-1) 19. Is the school district a part of the city government? (315-2) 20. How about school boards and elections in large cities? (315-3) 21. What additional powers have these boards? (315-3) 22. What is the school day, week and month? (315a) 23. What is Missouri Day? Arbor Day? Bird Day? Frances Willard Day? (315b) 24. What is the school age? (315c) 25. Does the Constitution or law name the subjects to be taught or the books to be used? (315d) 26. On what theory are the school laws built? (315d) 27. Who name the subjects to be taught and arrange the courses of study? (315d) 28. How may free text-books be obtained? (315e) 29. What provision for libraries, parks and play grounds may a city school board make? (315f) 30. What provisions for libraries must all other districts make? (315f) 31. How are the books selected (1) at first and (2) later? (315f) 32. Discuss compulsory attendance. (315g) 33. Discuss child-labor laws. (315g) 34. Upon what principle are these laws founded? (315g) 35. Discuss vocational training (315h). 36. What length of term does the law seek to compel? (316) 37. To what rate must the taxpayers submit and when? (316) 38. When may the board fix a less rate? (316) 39. When is the board bound to levy forty cents? (316) 40. When can it exceed that rate? (316) 390 CIVIL GOVERNMENT OF MISSOURI. 41. To what districts does this forty-cent rate apply? (316) 42. To what rate and for what purposes may these rates be increased? (316) 43. What is meant by school purposes? (316) 44. When and how does the State help a district to maintain an eight- months' school? (316) 45. For what purposes may a district create debts? (317) 46. When only can a debt be created? When and how must it be paid? (317) 47. How and to what extent may a building fund be created for a year at a time? (317) 48. Can you sum up in a few sentences what is said of the various tax rates? (317) 49. What is said of the power of taxpayers to fix school taxes? (318) 50. Discuss some duties of State Board of Education. (319) 51. Name the various school funds. (320) 52. Whence came the money that constitutes the Public School Fund? (321) How is the income applied? (321) 53. Give three sources from which the Seminary Fund was derived. (322) How is the income applied? (322) 54. Read section 324 and then state how the Public School Fund and the Seminary Fund are invested. 55. How much of the State revenues are appropriated to public schools? (325) How is it apportioned among the schools? (325) 56. How is the County School Fund derived, loaned and apportioned? (326) How is it increasing? (326) 57. Discuss the Township School Funds. (327) 58. Read what is said of Special District Funds. (328) 59. How much do the schools receive above local taxes? (329) 60. Read what is said about the costs of schools. (329) 61. How many State Normals and what are they for? (331) 62. What further is done for training teachers? (331a) 63. What about schools for colored children? (332) 64. Mention some of the duties of County Superintendent. (333) 65. Read what is said about teachers' certificates. (333) 66. Can the County Superintendent be a woman? (333) 67. What are the duties of the Text-Book Commissioner? (334) 68. Can public school moneys be used to aid church schools? (335) 69. What portion of property of church schools may be taxed? (336) r ELECTIONS. 391 CHAPTER IX. ELECTIONS. 337. Purpose of Elections. — Americans believe in the rule of the people. It is an underlying principle in America, one that no man has ever been able to withstand, that the will of the majority shall control ; and in order that that will may be known, the State has provided for elections at which each citizen may express by his ballot his choice for candidates or for a political principle. As this is the people's govern- ment, supported by taxes collected from the people, the people should have a voice in choosing the officers who are to repre- sent them. 338. Time of Holding Elections. — The laws of Missouri require a general election to be held throughout the State on the first Tuesday after the first Monday of November in each even-numbered year for the election of all State and county officers, judges, members of Congress and State Sena- tors, whose terms are about to expire. The Governor, Secre- tary of State, State Auditor, State Treasurer, Attorney- General, and at least one judge of the Supreme Court, and one judge of each of the courts of appeals are elected on the same day that Presidential electors are chosen (leap years), and Representatives in Congress and in the General Assembly, and half the State Senators are elected at the same time. Two years later the Superintendent of Public Schools, at least one Supreme Judge, one-half of the State Senators, and Representatives in Congress and in the General Assembly, are elected. And at one or the other of these general elections county officers, and once in six years judges of the circuit court, are elected ; and at two of every three general elections a United States Senator is elected. It should be observed that nearly all the State officers are elected at the same time 392 CIVIL GOVERNMENT OF MISSOURI. Presidential electors are chosen; and that at the general election two years later the most of the county officers are elected. 339. Precincts. — In order that each citizen may have full opportunity to cast his ballot, the law provides that the county court of each county shall, several weeks before an election, designate a voting place in each township of the coun- ty, and more than one if the convenience of the inhabitants may require it. This voting place is called a precinct. The sheriff is required to provide two ballot boxes for each pre- cinct, and to turn them over to the constable, who on the morning of the election delivers them to the judges of the election. 340. Judges ' and Clerks. — The county court is also required to appoint for each precinct six judges of election, who in turn appoint four clerks. Three of the* judges are taken from the political party that polled the largest number of votes at the last general election, and three from the party that polled the next highest number. Two of these judges, one from each party, write their names or initials on the back of the tickets and deliver one of each party to each voter, who takes them to a booth provided for the purpose, where he can be free from observation. There he folds the one he wishes to vote apart to itself, so as to expose the initials or names of the judges thereon, and then hands it to one of two other judges called "receiving judges." If the judges deem him a legal voter this ticket is deposited in the ballot box, and his name and the number of his vote are entered in the two poll-books by the clerks, and the number of his vote is also written on this ticket. The other tickets which were handed to him he must fold together, and return to the same judges, who place them in another large box, where they are kept until after the election is over and then destroyed. After the voting has* continued in this way for an hour the other two judges, called "counting judges," and two clerks r ELECTIONS. 393 begin to count the votes that have been cast, and while they are doing this the election continues, the accepted tickets ^, or votes of other persons being deposited in the other ballot box. At the end of the second hour the counting of the tick- ets deposited in the first ballot box should be completed, and that ballot box returned to the polling place. Then the counting judges take the* second ballot box and proceed to count the tickets in it, and while they are doing so tickets of other voters are placed in the first ballot box. Thus the voting and counting continue throughout the day. When the polls are closed and all the ballots counted, the number of votes cast and the number for each candidate are entered in each poll-book, and these are signed by the judges and attested by the clerks, and the result of the elec- tion is publicly proclaimed. One of the poll-books is trans- mitted to the county clerk within two days, and the other is retained in the possession of the judges of election, open to the inspection of all persons. 341. Secret Ballot. — No one has any right to know how any man votes. Safeguards have been provided to secure a secret ballot, in order that the voter may be relieved of any intimidation, and be entirely free to vote as he desires. No one is allowed to attempt, in anywdse, to influence his vote within the polling place. No one is permitted to go with him to the booth where he prepares his ticket; if he cannot prepare it himself it must be done by two judges of different political parties, in his presence, not in the booth, but at the place within the polls where the judges usually stand and hand out the tickets. . No one is permitted to unfold or see the voter's ticket before it is placed in the ballot box, and after it is placed there only the counting judges and clerks (who can not know whose ticket it is) are permitted to unfold it, in order to properly count it, and when that is done it is securely locked in a box, and can never be examined by any- one except by order of a court, or of some other authorized fe f 394 CIVIL GOVERNMENT OF MISSOURI. officer, in a contest over the result of the election. Before the judges enter upon their duties at an election, they are required to take an oath that they will not disclose how any voter may vote, unless required to do so as a witness in a proper contest proceeding. 342. Ballots. — ^The tickets for a general election are furnished by the county. The county clerk superintends the printing of them and delivers them to the judges of elec- tion, and they are prohibited from permitting anyone to get possession of a ticket except a voter ready and desiring to vote, and he cannot take it from the polls. In order to have an entirely secret ballot it is necessary that the county fur- nish the tickets, and that the greatest precaution be taken that no person except those lawfully entitled to them at any time before the close of the election obtains possession of them. Each party has a ticket of its own, and one ticket of each party is handed to the voter by the judges when he applies to them to vote. On each party ticket are the names of all the candidates of that party properly nominated for the various offices to be filled. 343. How Candidates are Nominated. — In former years each political party could nominate its candidates for office in its own way. But the law now requires all candidates for state, district or county offices to be nominated at a primary election to be held on the first Tuesday in August preceding the general election. All parties must nominate their candi- dates in that way and all on the same day. These primary elections are held in much the same way as general elections in November. There are the same precinct judges and clerks, appointed by the county court, and the county pays all costs of the election. There must be a ticket for each party, and on each ticket is printed the title of each office and underneath the title the names of all the candidates of that party for that office. Any candidate for a state or district office can have his name printed on his party's ticket ELECTIONS. 395 by filing a written declaration designating the office for which he is a candidate, and paying a certain sum of money to the treasurer of the party committee. Every legal voter in the State can vote at a primary election, but he can only vote his party ticket, and the judges of election give him only the ticket of the party he wishes to affiliate with. The candidate who receives the highest number of votes cast by his party for the office for which he was a candidate becomes the party's candidate for that office. The votes are counted by the judges of election, county clerk and Secretary of State in much the same way as are the votes cast at the general elec- tion in November. Presidential electors are not nominated in this v/ay. They are nominated by party conventions. Neither are can- didates for city offices (except in the city of St. Louis) or school directors or county school superintendent nominated in this way. But all candidates for State offices, Senator or Representative in Congress, State Senator, Circuit Judge and all county officers elected in November, are nominated at this primary election. 344. Independent Voting. — But no person who takes part in any primary election or convention is required by law to vote his party ticket at the general election in November. He can vote for whom he pleases. The law requires a blank line to be left after each name on each printed ticket, and if the voter does not wish to vote for the man who bears that name, he can scratch out the name and write in that of any candidate on any other ticket, or that of a person whose name is not on any ticket. 345. Counting the Vote. — One of the poll-books of each precinct, certified to by the judges and clerks of the election, must be transmitted to the county clerk within two days after the election. Within five days after the election he and two justices of the peace, or two judges of the county court, cast up the number of votes polled at each precinct 396 CIVIL GOVERNMENT OF MISSOURI. in the county, as shown by the poll-books, and to each county officer receiving the highest number of votes he issues a cer- tificate of election, and certifies to the Secretary of State the number of votes cast for State officers, judges, Presidential electors and Senator and Representatives in Congress, and that officer casts up the vote in all the counties for Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Railroad Commissioner, and Superintend- ent of Public Schools, and sends these returns to the Speaker of the House, who, in the presence and under the control of the Senate and the House, opens and publishes the same. The votes for candidates for all other state or district offices and for Congressmen are counted by the Secretary of State in the presence of the Governor, and to the person receiving the highest number of votes is issued a certificate of election. 346. Disposing of Ballots. — Each ticket offered to the judges of election by any person wishing it to be received as his vote, whether received and counted or rejected as illegal, is transmitted to the county clerk, along with the poll-book. He securely keeps the tickets, and is not allowed to read or examine them unless commanded to do so by some court or the Legislature, nor to permit any one else to do so. At the end of one year he destroys them. The rejected bal- lots are sent in, in order that the court may determine, in case of a contest, whether they were properly rejected or not, and if they were not direct them to be counted. 347. Hours of Voting. — The law requires that the polls shall be open at six o'clock in the morning and be con- tinued open till seven o'clock in the evening, unless the sun shall set after seven o'clock, in which case they shall be kept open till sunset, except in cities having more than twenty- five thousand inhabitants. In them the election begins at six o'clock in the morning and continues to seven in the evening. 348. In St. Louis and Kansas City. — There must be one precinct in each ward in the city of St. Louis and Kansas City, ELECTIONS. 397 and as nearly as practicable one for every three hundred voters. By a law applicable to these cities only, the details of elections there are somewhat different from those in the rest of the State. There is no county court in St. Louis, and hence the Legislature has enacted a law that election judges and clerks in that city shall be appointed by a board of four election commissioners, not more than two of whom belong to one political party. The commissioners are appointed by the Governor. Those belonging to the same party as the Gov- ernor choose from their own party two election judges and one clerk for each precinct in the city, and the other com- missioners choose two judges and one clerk from their party, and these four judges and two clerks have charge of the registration of voters and elections at that precinct. And this board of commissioners adds up the votes cast at the various precincts in the city and certifies the result, just as the county clerks do in the counties. There is a like board of election commissioners in Kansas City, with like duties to perform, also appointed by the Governor. 349. Registration of Voters. — In all cities of twenty- five thousand inhabitants voters must be registered before the election, and no person can vote there whose name does not appear on the registration books. The registration com- mences usually forty days before and is continued on various days to within a few days of the election. In cities having between twenty-five and one hundred thousand inhabitants the registration is done by a special officer denominated a registrar, elected by the people in each election district, and all the registrars in the city meet as a board of revision a few days before the election, and determine the right of any person to have his name enrolled who has been denied that right, and strike off from any registration book any name which is shown to have been wrongfully enrolled. In the 398 CIVIL GOVERNMENT OF MISSOURI. larger cities the registration is done by the judges of election and clerks, under the supervision of the election commis- sioners. The registration of voters in cities is necessary to pre- serve the honesty of the ballot. There are always some legal voters living in such cities who are not known to the election judges, and they should be given ample time to show their legal right to vote before election day, and not have to run the risk of being challenged at the time they offer their ballots, when perhaps they could not readily bring forward persons who can establish their right to vote. There is also danger that "floaters" and "repeaters" may undertake to vote in such cities unless they are in some way headed off. "Repeaters" are men that try to vote at more than one pre- cinct in the city. "Floaters" are persons hired to come from other states or counties and vote. Frauds of this kind are very much more likely to occur in cities than in small towns and rural counties where almost every one knows every legal voter in the township and the precinct to which he belongs. To prevent such frauds, voters in such cities are required to register some time before election, and in this way fraudulent voters may be discovered and the voting list purged of them. 350. Qualification of Voters. — Every maie citizen of the United States (and every male person of foreign birth who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote), who is twenty- one years Of age, shall be entitled to vote, except (1) soldiers or sailors in the army or navy, (2) persons kept at a poor house or an asylum at public expense, and (3) any person convicted of a felony and not pardoned. But before a cit- izen twenty-one years of age can vote he must have resided in the State at least one year, and in the county or city or town at least sixty days, and he can vote only in the election district in which he resides. ELECTIONS. 399 350a. Absent Voters. — But provision is made by which an absent voter may cast his vote and have it counted in the precinct in which he resides. Any railroad trainman, or traveHng salesman, or college student, or any other person who is unavoidably absent from the county of his residence on a general election day, if a qualified voter there, may appear at the polling place of the precinct in which he happens to be, provided it is some precinct within this State, and cast a legal ballot in the presence of the judges, who turn it over to the county clerk, who in turn sends it by mail to the county clerk of the county or board of election commissioners of the city where he resides, and on the day the clerk or commissioners canvass the votes sent in by the judges of election his vote is added and counted along with the others. Questions on Chapter IX. 1. What is an underlying principle in America? (337) — 2. Why are elections provided? (337) 3. When are general elections held? (338) ^ 4. What is a precinct? (339) 5. Who provides the ballot boxes? (339) 6. Whoappoints judges of elections? (340) 7. How many judges and clerks? (340) 8. Describe in detail the method of voting and counting. (340) 9. What is done when the polls are closed? (340) 10. What is said of a secret ballot? (341) 11. Can the judges honestly know how any one has voted? (341) 12. When only can that be revealed? (3^1) 13. Who furnishes the tickets? (342) 14. ' Why is it necessary for the county to furnish them? (342) 15. How are party candidates now nominated? What candidates are nominated in this way and what not? (343) 16. Who pays the expenses of a primary election? How are the votes counted? (343) 17. What provision is made for independent voting? (344) 18. Whocountsthe votes cast in the county? (345) 19. Does he use the ballots or poll-books for that purpose? (345) 20. Who gets the certificate of election? (345) 21. Wbat does he do in reference to the vote for state officers, etc.? (345) 400 CIVIL GOVERNMENT OF MiSSOtJRI. 22. Who casts up the votes for those officers? (345) 23. What is done with the tickets offered to the judges of election? (346) 24. What are the hours of voting? (347) 25. How many precincts in St. Louis and Kansas City? (348) 26. Who take the place of county court in those cities? (348) 27. How are they chosen? (348) 28. Who casts up the votes cast in those cities? (348) 29. Where are voters registered? (349) 30. How is the registration made in cities having between 25 and 100 thousand population? (349) 3L By whom is it done in larger cities? (349) 32. Why does registration seem necessary? (349) 33. Who may vote in Missouri? (350) 34. How may an absent voter have his vote counted? (350a) CHAPTER X. TAXATION. 351. Importance of Subject. — Much has been said in previous chapters about taxation. It is the subject in which every citizen is constantly interested. It can never grow old while government lasts. Nor can it ever be said to be settled. A rate of taxation which was just ten years ago may be unjust in ten years from now, or a method of taxation which was once wise may no longer be wise. 352. Purpose of Taxation. — Taxes are the burden which the people bear for the support of government. In return for those taxes, the people should be given the best government that can be had for that amount of money. Money raised by taxation does not belong to the officers; it can be used by them only for the purposes for which it was raised. Of course, a part of it will be used to pay officers for the work they perform for the government, and that is just. Officers are necessary for the performance of the work which the people wish the government to do for them ; they are the government's agents, its trustees, its representatives. Thus, I TAXATION. 401 the teacher of a public school, the circuit judge, the Governor, are government officers, and much of the moneys raised by taxation may be consumed in paying them and other of the various officers of the government for the work they do for the government, but government does not exist simply to pay salaries to officers. The purpose of government is "to protect the people in their right to life, liberty and the pur- suit of happiness;" to "promote the general welfare of the people," to maintain the public peace, to keep men from injuring each other, to establish law and order, to protect nien in the peaceable enjoyment of their property and their personal rights. Every duty of government is comprehended in some one of these purposes, and the people are taxed to meet the government's expenses in carrying out these purposes. They cannot justly be taxed for any other purpose. But the government can act only through officers. A govern- ment could no more be maintained without officers than a large store could be conducted without clerks. But officers cannot justl}^ be expected to leave their private business and perform for nothing the duties which the government im- poses on them, and hence a part of the taxes must always go towards paying them for their services. But unless the office accomplishes some good purpose, unless it is in some way useful to the people, it should be abolished, and that much taxes saved to the people or applied in some other way. So the questions of how much tax shall be levied, on what things, and how it shall be expended, are ever-present and every man who pays taxes is concerned in them. 353. Why the People are Taxed. — Taxes are collected for the support of the government. The government has no way of its own to make money. It cannot engage in farming or merchandising or other business for gain. It has no money except what it takes from the people. 354. Exemption From Taxation. — Certain property is exempt from taxation. No court houvse, no city hall, no 2C 402 CIVIL GOVERNMENT OF MISSOURI. school house, no cemetery, no public street or road, is tax- able; nor is any building belonging to any county or to the State or to the United States. Nor is any church or hospital or school or lodge .building, used exclusively for religious or charitable or educational purposes, to the extent of one acre if located within any city, and to the extent of five acres if situated outside of the city, taxable. But unless used ex- clusively for some one of those purposes the real estate is taxable; and all the real estate belonging to any church or hospital or lodge in excess of one acre if situate within an incorporated town, or in excess of five acres if it is outside of such town, is taxable, whether or not it is exclusively so used. Their endowments, if they consist of money or are invested in notes, if used exclusively for some one of those purposes, and their furniture, are not taxable. No other property is exempt from taxation. For the payment of private debts, the home- stead and certain private property of the homesteader cannot be sold; but the homestead is taxable just the same as other property. But no property is free from paying its share of benefit assessments. For the construction of sidewalks, and paving streets, and the building of district sewers, churches and private school lots and private cemeteries and private hos- pitals must pay their just proportion of the cost, just as lots occupied by stores and banks. 355. Uniformity of the Tax Rate. — The amount of direct taxes each person must pay, in every case, except poll- taxes, depends on the amount of property the person owns. All the property any person owns is required to be assessed or valued, and then the law fixes a uniform rate of taxes against property according to its value. That rate is a certain per cent of the assessed value of the property taxed. For school purposes it is the same against all property in the school district, for city purposes it is the same against all property in the city, for county purposes it is the same against TAXATION. 403 all property in the county, for state purposes it is the same against all property in the State. City taxes, of course, may be higher in one city than in another, and county taxes may be higher in one county than in another, and school taxes may be higher in one school district than in another; but all the inhabitants in the city, or the county, or the school district, must pay the same number of cents for each hundred dollars' worth of assessed property they possess, and the only way they can escape taxation is to escape assessment, and the only way they can escape assessment is to either dodge the assessor and conceal their property or to falsify to him the amount of property they own; and for an attempt to escape taxation in any of these ways the law affixes penalties, which are set forth in section 275. 356. Separate Taxes for Separate Purposes. — ^There is a tax for school purposes, and another tax for city purpxDses, and another for county purposes, and another for state pur- poses, and each property-owner must pay taxes for these various purposes. The inhabitants of no city, for instance, can escape taxes for state or county or school purposes simply because they pay taxes for the support of the government of the city in which they live. The city, the county, the school district are all separate subdivisions of the government, and for the support of government in each separate taxes are levied, and when collected can be used only for that purpose. There are other duties of government which cannot be per- formed by any county, or city or school district, but only by the State as a whole, and hence taxes must also be collected to support the State government. 357. Place of Taxation. — Real estate (and that means lands or lots, and the houses and buildings thereon) is taxed in the county, or city or school district in which it is situated. But personal property (and that means almost all other prop- erty, such as cattle, notes, money, wagons, etc.,) is taxed in the county, city or school district in which the owner resides. 404 CIVIL GOVERNMENT OF MISSOURI. The law phrase is that "personalty follows the person." That means that the resident in the country may have a great deal of personal property, such as moneys or notes, etc., in a city, but it is not taxable in that city for city or school purposes, but is taxable for school purposes in the country district in which he resides, and not for city purposes at all. 358. Time of Assessment. — The owner of property may be at one place on the first day of' June and at another place on the day he is actually assessed. In order that he may not be taxed twice the law does not seek to know the amount of personal property he owns on the day he is actu- ally assessed, but the amount he owned on some recent day in the past. That day is by law the first day of June. He may between the first of June and the day he is actually assessed move to another place, but he is assessable at the place at which he resides on the first day of June, and all the personal property he owned on that date, wherever situated, is taxable at that place. He is also taxable on all the real estate which he owned on the first day of June, but that is taxable where it is. 359. Rate for State Purposes. — The annual rate of taxation for state purposes was by the present Constitution to be fixed at twenty cents on the hundred dollars valuation until all the property in the State should reach a valuation of nine hundred millon dollars, after which it was not to exceed fifteen cents on the hundred dollars. The assessed value of all property in Missouri has for more than twenty years been more than nine hundred million dollars, in fact is now close to twice that sum, and, therefore, the tax rate for ordi- nary state purposes cannot exceed fifteen cents on each hundred dollars of valuation. Hence one whose property is assessed at $1,000 will pay $1.50 for ordinary state purposes, and one-third of that amount will go to support the public schools, and the balance will be used by the State in paying its current expenses — in paying its officers and the cost of TAXATION. 405 prosecuting criminals, in supporting the State University and the six Normals, in maintaining the hospitals for the insane, • the feeble minded and consumptives, the State Fair and the penitentiary, and in meeting its many other obligations. 360. Rates to Pay State Debt.— The Constitution also provided that, in addition to the tax to pay the State's ordi- nary current expenses, there should be levied each year a tax sufficient to pay the interest and a part of the principal of the state debt, which at the time of its adoption amounted to nearly twenty-five million dollars. All the state debt except that due the Seminary Fund and the Public School Fund had been paid by 1903, and in 1902 the Constitution was so amend- ed as to provide that only so much tax to pay the state debt should thereafter be levied as is necessary to pay the interest due those funds. The tax necessar>^ to pay the interest each year does not exceed two cents on the hundred dollars* valua- tion, and all moneys arising from it can be used for no other purpose. When added to the fifteen cents that may be levied for ordinary state purposes, the entire rate of direct taxes for state purposes does not exceed seventeen cents on the hundred dollars of valuation. 361. Licenses and Fees. — But the taxes spoken of in section 359 do not constitute all the state revenues; in fact, scarcely one-half of them. Nearly half of those revenues, in some years more than half, are raised by license fees collected from saloons, inspection fees collected for the inspection of beer, license and other fees collected from insurance com- panies, commission fees collected from notaries public and other officers commissioned by the Governor, incorporation fees collected from corporations permitted to do business in this State, and other fees collected from other things. 362. Rate for County, City and School Purposes. — The rate of direct taxes for county purposes has been dis- cussed in the chapter on Counties, and that for city purposes 406 CIVIL GOVERNMENT OF MISSOURI. in the chapter on Cities, Towns and Villages, and that for school purposes in the chapter on Public Schools. 363. License Taxes. — The State, the county and the city have other ways of raising revenue besides a direct ad valorem tax levied against property. They do so by means of some kind of license or inspection tax. The State imposes registration or license fees against automobiles and corpora- tions, an inspection fee against beer, and many other license or inspection fees. The county may impose a license tax on saloons, and on shows and circuses, on peddlers and auctioneers, on private bankers and brokers, and some other things. The city may impose a license tax on saloons, on dray wagons, merchants, breweries, shooting galleries and on hundreds of other things. In this way the revenues of the State, and of the county and of the city may be In- creased. A school district can levy no license tax of any kind. 364. Occupation Taxes. — Every city is given power to levy a tax on merchants, peddlers, shows, shooting galler- ies, vehicles and dray wagons, for the privilege of doing busi- ness in the city. Such a tax is called an occupation tax. Such taxes are usually small, and ought always to be com- mensurate with the advantages which such persons have over other persons. Thus, a dray wagon will use the streets more than an ordinary buggy or wagon; the policeman will spend more time in preserving order about a store than about a private residence; in a certain district a fire would cause far more damage than in other parts of the city, and hence more caution will be taken to prevent fire there. It is nothing but right, therefore, that the owner of the dray wagon, the mer- chant or the factory owner, should pay some additional tax for the special privileges or protection he enjoys, and that is the reason for levying occupation taxes. They are taxes which persons wishing to carry on a certain kind of business must pay for that privilege. . An auctioneer's license is such a tax. So is a license to a circus and many other things. Every TAXATION. 407 city is given the right to levy an occupation tax on many kinds of pursuits, and the larger the city (that is, the higher is its class) the more of such things it may tax. But no city can im- pose such a tax on anything unless the Legislature has in so many words given it power to do so. All license taxes of every kind, whether levied for state, or county or city purposes, are in a sense occupation taxes. They are all charges for the privilege of doing an unusual kind of business. They cannot be levied in any case except where the Legislature' by a general law authorizes them to be levied. 365. Saloon Licenses. — ^A majority of the qualified voters of each city having twenty-five hundred inhabitants or more, at an election held for that purpose, can altogether prohibit the sale of intoxicating Liquors within the city ; and a majority of the qualified voters in the county residing out- side of any such city can in the same way prohibit the sale of intoxicating liquors in the rest of the county. This may be done under what is known as the Local Option Law, which has been a law of this State since 1887. It gives the people of each community the right to decide whether or not they will permit saloons to exist in their midst. If the law has once been adopted it remains in force until the question is again submitted to the voters, but when it has once been legally submitted, whether adopted or not, it cannot again be submitted for four years. But if the people do not adopt the Local Option Law, the county court may grant to the owner of a saloon a license to keep a dramshop by charging him a county license tax of not less than S2o0 nor more than $400 for each period of six months, and in addition a state license tax of $200 for the same period. Of course, the Legislature can at any time in- crease or decrease either the county or state tax, or both, and fix either at an invariable sum. In addition to the state and county tax, the mayor and council of each city can also fix a city license saloon tcix at 408 CIVIL GOVERNMENT OF MISSOURI. whatever sum they may wish. They can make it as high as they wish, or as little as they please, and if they prefer they can refuse to assess any license tax whatever against saloons. But as a matter of fact, in the largest cities the license tax is usually $500 for each period of six months, and in the few cities of the third and fourth class that now have saloons the license tax varies from $1,000 to $4,000 a year. But the city can license no one to keep a dramshop until he has first obtained a license from the county court, and the court can grant no license unless the applicant pays the state and county license. 366. License, How Obtained. — The county court can not grant a saloon license in a town having two thousand in- habitants or more until the license is petitioned for by a ma- jority of the tax-paying citizens of the block in which the dramshop is to be kept; and a license to keep a dramshop in a town having less than two thousand inhabitants cannot be granted until a majority of the tax-paying citizens of the block in which the saloon is to be kept, and also a majority of those of the town, sign a petition asking that such license be granted. And the words "tax-paying citizen" do not mean voters, but mean all adult persons owning property assessed for purposes of taxation, whether they be men or women. The petition must be renewed each year. Nor is the court even then compelled to grant the license. It is not compelled to do so until two-thirds of the tax-paying citizens in the block, or in the block and town, as the case may be, sign the peti- tion, and even then the court must refuse the license if the applicant is not a law-abiding citizen. The license cannot be issued in any case unless at least a majority of the tax-paying citizens sign the petition, and the applicant is shown to be a law-abiding citizen, and even then the court may withhold the license unless the petition is signed by at least two-thirds of the tax-paying citizens. TAXATION. 409 367. Saloon Tax, How Used. — Two-thirds of the money derived from county saloon license taxes must be used in improving the public roads and bridges of the county, and the other third goes into the general revenue fund of the coun- ty, and may be used as other general revenue. The saloon license tax collected by the city may be used in paying any current expenses of the city, unless the city and the sur- rounding country not exceeding eight miles square have been organized into a special road district. In that case, one- fourth of the dramshop-license tax collected by the city is used in improving the public roads lying outside the city limits, and is turned over to the road commissioners to be used in that way. 368. Revoking License. — The license though once granted may be revoked for selling or giving away intoxi- cating liquors to an habitual drunkard, or for selling or giving them away on Sunday or on a general election day, or for keeping a disorderly house. And for selling or giving such liquors to minors without a written permission of the parent, the parent may recover $50 from the saloonkeeper or his bondsmen by suit, and in addition he may tje fined as much as $200 ; and for selling or giving away on Sunday or a gen- eral election day he may be fined a like sum ; and if he sells or gives intoxicating liquors to an habitual drunkard after having been notified in writing by the wife, mother, sister, brother or child not to do so, such wife or mother may re- cover not less than fifty nor more than five hundred dollars in a civil suit. And every county court is forbidden to issue a license to a saloon-keeper whose license has once been re- voked or who has been convicted of a crime. 369. Excise Conunissioner. — In the city of St. Louis there is an officer appointed by the Governor who is empow- ered to grant saloon licenses, just as county courts are in other counties, and for a license there a dramshop-keeper must pay both a city, county and state license tax just as 410 CIVIL GOVERNMENT OF MISSOURI. 1 dramshop-keepers in other counties and cities do. Such an officer is necessary there because there is no county court in St. Louis, and the law provides that he shall be appointed by the Governor, rather than elected by the people, in order, as far as possible, to relieve him from the political influence of the saloons. 370. Poll Taxes. — A poll tax is a very old form of taxation, and one that all governments resort to at times in order to create or replenish a much-needed fund. It is a per capita tax ; that is, a tax levied on each person on the poll or list of persons of a certain age. In this State a poll tax is a tax of from one to six dollars that may be levied on every able-bodied male citizen in the State between certain ages, usually between twenty-one and fifty years. In cities it goes into the city treasury, and is used in keeping the streets in repair. If the citizen does not live in a city, he is permitted to pay the tax either in money or by working on the roads. It cannot be collected for both county and city purposes; if the city is authorized to levy it, the county is not. The county court is required to levy it on all able-bodied male citizens of a specified age who reside out- side certain cities, but on no other persons; and inside those cities the mayor and council may levy it, and in some cities, especially in those organized as special road districts, are re- quired to levy it. 370a. Inheritance Taxes. — One's ownership of property ceases with his death. He has only such right to say to whom it shall go after his death as the law confers upon him. The* right to inherit property from a parent or other kinsman is not a natural right; it exists because the law creates it. Upon the death of the owner the State has the right to step in and say to whom his property shall go. It can take a part of it itself, and say to whom the balance shall go. The part it takes is usually denominated an inheritance tax; if it takes only a part of the portion that would otherwise go to distant or TAXATION. 411 collateral kindred, such as cousins, it is called a collateral inheritance tcux. But in reality it is not a tax at all. If it were a tax it would be invalid, because not the same or uniform against all persons. It is usually defined as a charge upon the privilege of inheriting property from an ancestor or kinsman who has died. It is in reality the part of the property of one who has died which the government appropriates to itself upon his death. The government takes a certain per cent of what he left, and says by its laws to whom the rest shall go. But by what is left is meant what remains after the debts are paid, and the statutory allowances to the widow for the support of her family are taken out, such as provisions for one year, household furniture, and about four hundred dollars' worth of other things. The debts and these allowances being deducted, the widow or husband and each child of the deceased owner is permitted to take a certain other portion of the estate free from the tax, usually ten thousand dollars for the widow or husband, and two thousand for each child; then the balance up to a certain sum, usually twenty-thousand dollars, is taxed one-half of one per cent. The tax on the next thirty thousand is two per cent, and on the fair market value between fifty and one hundred thousand dollars is three per cent, and increases, by graduated percentages, as the value of the estate increases above that sum. If the deceased owner left no widow, husband or descendant, but the estate goes to collateral kindred, the tax is much larger, and increases the farther removed in kinship the heirs are. The owner cannot defeat the tax by attempting to give it away prior to his death, for it is levied on all lands conveyed or property transferred by him without a fair consideration at any time within six years before his death. Nor can he defeat the tax by his will, except that any money or property given by him to a college or church or lodge or hos- pital, or other charitable or educational or religious use, is not subject to the tax. The money derived from the tax is paid into the State Treasury, and heretofore much of it has. been 412 CIVIL GOVERNMENT OF MISSOURI. used to support the State University and the School of Mines and Metallurgy. Questions on Chapter X. 1. What is said of the subject of taxation? (351) 2. What are taxes? (352) 3. What are the people entitled to in return for taxes? (352) 4. Read the whole of section 352. 5. Does the government have any way to make money? (353) 6. What property is exempt from direct taxes? (354) 7. Does this exemption apply to benefit assessments? (354) 8. Upon what does amount of taxes one must pay depend? (355) 9. What further is said about uniformity of taxation? (355) 10. Must separate taxes be levied for separate subdivisions of gov- ernment? (356) 11. Where is real estate taxable? (357) 12. Where is personal property taxable? (357) 13. As of what date are taxes assessable? (358) 14. What is the rate now for state purposes? (359) 15. What is the present state debt rate? (360) 16. How else are the State's revenues increased? (361) 17. How else may the county increase its revenues? (363) 18. How else may the city increase its revenues? (363) 19. Can a school district levy a license tax? (363) 20. What is said of occupation taxes? (364) 21. Give some examples of an occupation tax. (364) 22. When may such taxes be levied? (364) 23. Can the people of a locality prohibit altogether the sale of intoxi- cating liquors? How? (365) 24. Read the balance of section 365, and all of sections 366 to 369. 25. What are poll taxes? For what are they used? (370) 26. Discuss inheritance taxes. (370a) LANDS AND MISCELLANEOUS MATTERS. 413 CHAPTER XI. LANDS AND MISCELLANEOUS MATTERS. 371. Congressional Townships. — Congressional town- ships are to be distinguished from municipal townships. The municipal township is an irregular subdivision of a county made by the county court. A Congressional town- ship is a square body of land bounded by lines running east and west which are crossed by other lines running north and south in such manner that each side of the square is six miles long. It is a regular subdivision of nearly all of the lands of the country west of the Mississippi River, and in other parts of the United States, made by Government surveyors, for the ready conveyance of land to purchasers. Here these subdivisions were made about the time Missouri became a State, in accordance with an act of Congress, and hence their names. 372. Necessity of Understanding Them. — We have all heard of sections, townships and ranges in describing land transfers. These terms are used in finding or "locating" every farm in almost every county, and in laying out every town and city in the State, and in levying taxes. 373. How Made. — The Government surveyors first agreed upon "base lines" and "principal meridians." There are many of these in the United States, but the base line from which Missouri lands were surveyed runs east and west through Arkansas, near the center of that State, and within a few miles of Little Rock; and the principal meridian from which these surveys were made is the Fifth Principal Me- ridian, which runs north and south through the eastern part of the State, about thirty-six miles west of St. Louis. It is fourteen degrees of longitude west from Washington. 414 CIVIL GOVERNMENT OF MISSOURI. For a better understanding of ranges, townships and sections this diagram is subjoined, showing certain lands in Saline County: 1 >^ TOWNSHIP TOWNSHIP 51. ' 51. Range 21. Range 20. / 6 5 4 3 2 1 7 8 9 10 11 12 TOWNSHIP 50. 18 17 16 15 14 13 19 20 21' "22 23 24 30 29 28 27 26 25 81 32 83 84 35 36 374. Ranges. — Other lines parallel with the Fifth Principal Meridian, and just six miles apart, were run by the surveyors, and all the territory between any two of these lines is called a range. All the land within six miles of the Fifth Principal Meridian is in Range 1, and that between the next two range lines is in Range 2, and so on westward to the western border of the State, and eastward to the Mississippi river. A range then is six miles wide. If your range is 21 west, that indicates that there are twenty ranges between LANDS AND MISCELLANEOUS MATTERS. 415 ^ yours and the Fifth Principal Meridian, and that you live \ west of that meridian. 375. Townships. — Other lines, six miles apart and parallel with the base line, are run east and west through the State, so that the whole State is divided into a kind of checker board, or squares of six miles. Each of these squares is a Congressional township. These townships are numbered consecutively north from the base line. If you live in town- ship 49, that indicates that there are forty-eight townships south of yours between you and the base line, and it also indicates that every township due west or due east of yours, entirely through the State, is also numbered 49. 376. Sections. — Each Congressional township is di- vided into sections. A section is a piece of land one mile square. So each township contains thirty-six sections. These are also numbered. The first section in the northeast comer of the township is section 1. The one just west of it is section 2, and so on to the last section in the northwest corner of the township, which is section 6. The one just south of section 6 is section 7, and the one just east of that is section 8, and so on to the last section at the east side of the township, which is section 12. Right south of section 12 is section 13, and then the count is back to the west again, and then back to the east, and so on in this looping order until section 36 is found in the southeast corner of the town- ship. The corner of each section was originally marked by a long stone set into the ground, and township corners by yet larger stones. 377. Subdivisions of Sections. — Each section is di- vided into four parts, called "quarter sections." They are the northeast quarter, the northwest quarter, the southeast quarter and the southwest quarter. Each contains one hun- dred and sixty acres. And each quarter section is again divided into four equal squares, so that forty acres in the 416 CIVIL GOVERNMENT OF MISSOURI. southeast corner of the section is described as the southeast quarter of the southeast quarter. 378. How Used. — This system of describing land is used in conveyancing, or in making deeds, and in levying taxes. In a deed to a farm the land is rarely described in any other way, but the building or lot in a town or city is described in deeds by the number of the lot, the number of the block, and the name of the addition wherein it is located. But these numbers have been made to conform to a plat of the town or city, recorded with the recorder of deeds, which plat was arranged from the numbers of the section, township and range. So that this United States Surveyor's system is the basis for describing real estate in most deeds and in levying taxes. ^ 379. Deeds. — A deed is a written contract by which land is conveyed from one person to another within the life- time of both. The person who makes the deed is called the grantor, and the person to whom the land is conveyed, the grantee. If the grantor covenants that the grantee is to have an indisputable title, the deed is a warranty deed ; if he simply conveys all the title he owns it is a quit-claim. Deeds are the instruments by which people convey land while they are living. But in order to convey the land the deed must be de- livered, but when signed and delivered it conveys at once the title it purports to convey. 380. Acknowledgment and Record. — A deed signed by the owner of land and delivered conveys to the grantee all his interest in the land; but in order to be recorded it must be acknowledged. That means that the grantor goes before a notary public or a justice of the peace or some other public officer and acknowledges that his signature to the deed was his "free act and deed," and then that officer attaches his cer- tificate to the deed, showing that it has been so acknowledged. Then the deed can be recorded by the county recorder, and LANDS AND MISCELLANEOUS MATTERS. 417 from that time on the record is notice to all the world that the land has been conveyed to the person named as grantee. But suppose the grantee does not have his deed recorded, and the grantor after he has made him a deed makes one to another person and that person without any knowledge of the prior deed puts his deed of record, that other person then has a prior right to the land. So, the necessity of recording a deed as soon as it is made. The purpose of recording a deed naming you as grantee is to give other persons notice that you are the owner. After the deed is recorded, if any person buys the land from the same grantor he is chargeable with notice that it had been previously conveyed to you. But a deed cannot be recorded unless it is first acknowl- edged ; so, the necessity of a good acknowledgment. 381. Transfer by Will. — Lands can also be devised by wills. The owner may make a will, and retain the land dur- ing his life, and after his death his will goes into effect, and the person to whom he has given the land becomes the owner. This is a marked distinction between deeds and wills; a deed must take effect within the lifetime of the grantor, if at all, and can take effect only on delivery to the grantee or to some person for him, but when delivered it becomes a complete contract, and cannot be revoked by the maker; a will never takes effect until the death of the maker, and does not have to be delivered to the devisee during the life of the maker and can be revoked byhim at any time during his life. 382. Partition of Lands. — If the owner of land dies without a will, the land (if he has no debts) goes to his heirs, and the law declares who are the heirs and just what portion each is to have. They can agree upon a division among themselves, and make deeds to each other. But if they can- not agree, any heir can go into court, and ask the court to make the division for them. The court will appoint com- missioners to divide or partition the land among them, ac- 27 418 CIVIL GOVERNMENT OF MISSOURI. cording to their legal rights, if that can be done, but if that cannot be done, the court, will order the land to be sold, and then will divide the money among the heirs. That is called a partition suit or a proceeding in partition. Usually the maker of a will divides up his land among his devisees by the will itself by giving to each a certain tract or a certain lot. But if he does not do that, but gives his lands to two or more devisees, without mentioning which portion each is to take, they can divide them among them- selves, or resort to a partition suit for the purpose. 383. Title. — Title is the foundation of one's ownership of real estate; it is the written instruments whereby his right to the land is established. It consists of a patent from the United States, and all deeds and wills concerning the land from the date the patent was issued up to the present time. To be a perfect title each deed in the series must be a perfect, instrument and the "maker thereof must have been the actual owner. Such a chain of title of perfect deeds is rare. But the Legislature has provided against any injury that might result to the actual owner because of these imperfections, in the Statute of Limitations. By that statute any person who has been in actual, adverse and exclusive possession of property for ten years claiming to be the owner, is the owner, and cannot be dispossessed unless the person out of posses- sion and claiming to be the owner and to have a title is a minor or a married woman or a remainderman, in which case the possession of the actual occupant must be for a longer term of years. This is one of the most beneficent statutes ever written. If it were repealed the greatest confusion would result, and no householder would be secure in his home. 384. Remainders. — Both by deed and by will all the owner's right and title to land may be conveyed to one per- son, or it may be conveyed to one for life and to another thereafter. The person who takes the estate for his life is LANDS AND MISCELLANEOUS MATTERS. 419 called the life tenant, and the person who next takes is called the remainderman and the estate he takes is called the re- mainder. The life tenant does not take the title; he only- takes a lifetime use. The remainderman takes the title, but his right to the use and possession is postponed until the death of the life tenant. In this way the owner of land may keep it in his family for many years after his death. Thus, if he gave to his daughter a certain house and lot to be held and enjoyed by her during her natural life and after her death by the heirs of her body then living, she could hold and use it so long as she lived, or she could sell her right to its use during her life, but she could sell no more, and at her death her descendants then living would at once become the owners and entitled to the possession, but they would at no time while she lived be entitled to the possession, nor would they be barred from asserting their right to possession on her death by the statute of limitations, although she may have been in possession for thirty or forty years, for until her death the possession of no one can be adverse to them. In this way the owner of land may keep it in his family at least during the life of his own children. 385. Homestead. — The law believes society is strong- er if every family has a home. In this State the dwelling house of the head of a family cannot be taken for his debts, and his widow and minor children are entitled to live in the residence owned by him at his death — the widow during her life or widowhood, and the children while they are minors. But there can be no homestead as against the debts made prior to the time the husband acquired and occupied his residence, nor can the homestead in the country exceed one hundred and sixty acres of land nor $1,500 in value, but so much of the one hundred and sixty acres can be retained by the hus- band during his life, and by the widow and children after his death, as is worth no more than $1,500. In cities and towns the maximum value and size of the homestead depend on 420 CIVIL GOVERNMENT OF MISSOURI. their population. In towns having less than 10,000 inhab- itants the maximum value is SI, 500, and the maximum size not more than five acres. In larger cities this value is larger and the amount of ground less. 385a. Exemptions relate to personal property, as homesteads relate to lands. A certain amount of personal property cannot be sold for ordinary debts, and that prop- erty is usually designated as exemptions. Two work animals, ten hogs, ten sheep, two cows and calves, twenty- five dollars' worth of stock feed, and the necessary farming implements, or in lieu of those things three hundred dollars* worth of any other property, except ten per cent thereof, and four beds with usual bedding, all wearing apparel of the family, and any other family furniture not exceeding one hundred dollars in value, and one hundred dollars* worth of provisions on hand, cannot be sold for the debts of the head of a family ; and by head of a family is meant any person charged with the support of a family, whether man or woman. A widow having minor children or aged parents to support is the head of a family, if she controls and keeps a house in which she and they reside. So would be an unmarried man who supports and keeps with himself in a house his mother and sisters, and a married man with a wife alone may be the head of a family. But no property is exempt from sale to pay taxes, nor to. pay for the services of a house servant or common laborer, to the amount of ninety dollars, nor is any personal property in the hands of the purchaser exempt from seizure for the purchase price thereof. All the prop- erty of one not the head of a family, except his wearing apparel and the necessary tools and implements of trade of any mechanic, may be sold to pay his debts. 386. Dower. — In addition to her homestead in her husband's residence, the widow is entitled to a dower of one- third of all the other land he owned at any time during their marriage, not by her deeded away while he lived, and she is LANDS AND MISCELLANEOUS MATTERS. 421 entitled to a child's share in his personal estate. If he made a deed to a piece of property in which she did not join, her dower remains and may be recovered by her after his death. But a dower only lasts for life. It is extinguished by her death. But instead of this lifetime interest of one-third of her husband's real estate the widow may take, if she desires, a child's share. If there is only one child, her share then will be one-half of the husband's real estate after his debts are paid. If he dies without children or other descendants, her dower is one-half of all the property he owned after the debts are paid, not for life only, but absolutely. 387. Curtesy. — The husband's curtesy is something like the widow's dower. It is a lifetime use of the lands owned by the wife at her death. But in order that he may have this interest he must have had the possession and use of the property during the marriage, and a child must have been born alive of the marriage. If the child survives her he has only a lifetime use of the wife's lands. But if she die leaving no children or other descendants, he is entitled to one- half of all her property absolutely, and, if a child was born of the marriage and has died, to the use of the remaining half of her real estate of which he had the possession during the marriage. 388. Wills and Heirs. — Every person may make a will for the disposal of his property after his death, and he may give his property to whom he pleases, except that the husband cannot deprive the wife of her dower or homestead interest, nor can the wife deprive her husband of his curtesy. But a father by will may disinherit one or all of his children, and so may the mother. But if the father die leaving no will his property goes as the law directs; that is, after the payment of his debts, his wife gets her share (dower and homestead and one year's provisions for the support of the family, the family furniture and about $400 worth of other things and a child's share in 422 CIVIL GOVERNMENT OF MISSOURI. the rest of the personalty), and the balance goes to his chil- dren in equal shares, and if a child has died leaving children they get a child's share. If a husband die leaving no will, and no children or other descendants surviving him, his wife gets one-half his prop- erty, and the balance goes to his next of kin, that is, to his father and mother, brothers and sisters, or their descendants, in equal porportions; but if he have no such kindred, then all his property goes to his wife. If the wife die leaving no will her property goes to her husband and children or other near relatives in almost the same way as does the husband's property in case of his death; that is, after the payment of her debts, the husband gets his curtesy, and the balance goes to her children in equal pro- portions. If she leaves no children or other descendants, her surviving husband gets one-half of all her property absolute- ly, and if a child has been born of the marriage and died, a lifetime use of the other half of her real estate, but the other half of her personal property and the title to the other half of the real estate and its use after his death, go in equal pro- portions to her father, mother, brothers and sisters, or their descendants, if any there be, but if there are none, then all her property goes to her surviving husband. If the nearest relative the husband has is a first cousin, and he leaves no will, the wife gets all his property. Like- wise, if the nearest relative surviving the wife is a first cousin, and she leaves no will, the husband takes her entire estate. 388a. Married Women. — ^A married woman has the same right to contract as does her husband. She can sue and be sued. She can own and sell property, and dispose of it without her husband's consent. He cannot appropriate her money or the rents from her real estate or her other personal property without her written consent. The law puts upon him the obligation to support her and his minor children, and for deserting her or his childen under fifteen years of age LANDS AND MISCELLANEOUS MATTERS. 423 and failing to provide for them without good cause he may be punished. Whether he deserts her or not, if he fails to provide for her support she may buy, on his account and without his consent, at stores and elsewhere, things necessary to live upon, and he may be made to pay for them if he has sufficient property or income. But the wife is under no obligation to support the husband, and cannot be punished for deserting him. But she is required to follow his fortunes, make her home where he does his, and if she deserts him he is under no further obligation to support her and cannot be punished for failing to do so while she remains away. 388b. Marriage. — Previous to a marriage in this State a license authorizing a minister or civil officer to solemnize the ceremony must be obtained from the county recorder, and he cannot issue a license until he is satisfied that the man is twenty-one and the woman eighteen years of age, or if either is not of that age until he has the consent of his or her father, or of the mother or guardian if the father is dead or does not reside with his family; and even after the license is issued, there can be no legal marriage without the consent of both the man and woman. There can be no legal marriage between first cousins or persons more closely related, or be- tween white persons and negroes, or between white persons and Mongolians (such as Chinese and Japanese). But in some states marriages between first cousins is legal, and when such persons have married in one of those states and later taken up their residence in this State their marriage is legal here. If a marriage is legal in the state or nation where performed it is- legal in this State. But it is usually not legal in any other state if not legal here when performed here. Questions on Chapter XI. 1. What is a municipal township? (371) 2. A Congressional township? (371) 3. WTiat terms are used in locating land? (372) 4. From what two lines were lands in Missouri surveyed? (373) 424 CIVIL GOVERNMENT OF MISSOURI. 5. How were the ranges made? (374) 6. What is the first six miles strip? The next? (374) 7. What other lines were run? (375) 8. What is each square? (375) 9. How are they numbered? (375) 10. How is each township divided? (376) 11. How are they numbered? (376) 12. How is each section divided? (377) 13. How is this system of describing land used? (378) 14. How is a building in town described? (378) 15. What is a deed? (379) 16. What are the parties to the deed called? (379) 17. When is the deed a warranty? (379) 18. When a quit-claim? (379) 19. What is necessary in order for the deed to convey land? (379) 20. What must be done before the deed can be recorded? (380) 21. What does that mean? (380) 22. What does the record become? (380) 23. What is the purpose of recording a deed ? (380) 24. How else may land be convej^ed? (381) 25. When does a deed take effect and when a will? (381) 26. How are lands divided upon the death of the owner? (382) 27. What is title? (3S3) Of what does it consist? (383) 28. Are there many perfect chains of title? (383) 29. How has the Legislature provided against injury because of im- perfections in the title? (383) 30. How does that statute do that ? (383) 31. How may lands be conveyed? (384) 32. Who is the life tenant and who the remainderman? (384) 33. What does the life tenant take? (384) 34. What does the remainderman take? (384) 35. Whatadvantagedoesthisgivetheowner of land? (384) 36. What is said of homestead? (385) 37. What is the size of the homestead? (385) 38. Discuss exemptions. (385a) 39. What is meant by head of a family? (385a) 40. What is dower? (386) 41. What may she have in lieu of the lifetime interest? (386) 42. What is her dower if he had no children? (386) 43. What is the husband's curtesy? (387) 44. What is necessary for him to have curtesy? (387) 45. What may the owner of property do by will? (388) CORPORATIONS. 425 46. If the father dies without will, how does his property go? (388) 47. Where does the husband's property go if he die without will or descendants? (388) 48. Read sections 388a and 388b. CHAPTER XII. CORPORATIONS. 389. Formation and Explanations. — Any man or woman over twenty-one years of age, whether married or un- married, can make contracts, own property and engage in any kind of lawful business. That is business by a natural person. Two or more of such persons may associate themselves into a partnership, and in the name of that partnership transact a certain kind of business or many kinds. Each of the partners puts in a certain amount of the capital which is used for the partnership business, and each is entitled to his proportionate share of the profits, but each is responsible for all its debts, whether they were made by him or by some other partner who had authority to make them, but before he can be held individually responsible all the partnership funds must be exhausted to pay the partnership debts. In order to lessen their individual liability men often form a corporation, the members of which are never liable for anything more than the face value of their stock, except in cases of national banks, the stockholders of which are liable for twice the face value of their stock. Besides, there are some businesses too large and extensive to be carried on successfully by individuals or partnerships. To transact the larger kinds or an unusual kind of business the law permits corporations to be formed. A corporation is always a company. But corporations are not the only kind of companies. A partnership some- times takes the name of a company, although it is usually 426 CIVIL GOVERNMENT OF MISSOURI. properly spoken of as a firm; and an individual can do busi- ness in any name he may choose to adopt. Thus, the New- York Clothing Company may be owned by one man, named, for instance, John Smith. But that is not a company at all, but simply a name in which John Smith wishes to do business as a clothing merchant. He cannot lessen his liabilities by doing business in that name, for he is liable for all the debts that the New York Clothing Company may make. He may wish to keep his clothing business separate from some other business he wishes to carry on, and may think he can do a better clothing business by assuming that high-sounding name, and the law permits him to do that. So also may the New York Clothing Company be owned by a partnership composed of Smith, Jones and Brown, with a capital stock of $100,000 or any other sum. In that case each of those three would have an interest in the concern, and each would be responsible for all its debts. And the partnership could engage not only in the clothing business, but in almost every other kind of business the partners might wish to undertake in its name. It could own lands, deal in cement or railroad ties, or engage in manufacturing. Now, if those three men wanted to incorporate the New York Clothing Company, either by themselves or together with any number of other persons, they would apply to the Secretary of State for a charter, stating the kind of business they wished to engage in, and the amount of capital the com- pany had and how much of it was paid up, and how much was paid by each one of them. If there was no other com- pany already incorporated by that name, the Secretary of State would issue a charter defining the kind of business it could engage in, and thereafter it could engage in that busi- ness, but it could engage in no other, nor could it do business in any other name. The company would then issue certifi- cates of stock to each person named in the charter for the amount of capital he had paid in, and the holders of that CORPORATIONS. 427 stock would be the stockholders of the company. The stock- holders would elect certain of their number to be directors, who are charged with the management of the company's business. The directors would elect one of their number presi- dent, another secretary, and another treasurer, and they would fix the salaries of those officers, and at the end of each year or oftener they would determine what rate of dividend should be paid to the stockholders. 390. Stockholders and Directors. — Every corporation must have at least three directors, and may have as many stockholders as there are shares of stock. The inter- est of each stockholder depends on the number of shares of stock he owns, and when directors are elected he has as many votes as he has shares multiplied by the number of directors to be elected, and "he can cast all his votes for one man or scatter them. Thus, suppose he has five shares of stock and there are five directors to be elected ; he can cast five votes for each of five stockholders he wishes to have elected direc- tors, or he can cast twenty-five votes for one and none for the others. A stockholder can draw nothing out of the com- pany's treasury except dividends, which means the net earn- ings of the business. He is not liable for the company's debts, and if it fails he will lose only what he paid for his stock, unless the charter falsely stated at the time the com- pany Wcis incorporated that a greater per cent of the stock has been paid up than was actually paid up, in which case the stockholders would be liable to the creditors of the company for what the charter stated had been paid up when the com- pany was incorporated, less the amount actually paid. He can sell his stock, and the purchaser will have the same rights as a stockholder that he had. He may die, but the company would go on. His stock might be sold for his debts, and that being simply a piece of paper (or certificate reciting the num- ber of shares he owns) is easily transferred, and hence the company's existence would not be affected by his death, 428 CIVIL GOVERNMENT OF MISSOURI. whereas if.it was a partnership its affairs would have to be wound up, its debts paid, and his share in what was left turned over to his administrators. 391. Definition and Powers. — A corporation, then, is defined as an artificial person. It is a company which the law permits to be created for the transaction of a certain kind of business. It derives^ all its powers from the State, and can engage in no business except that mentioned in its charter or the laws, and its name must indicate the kind of business it wishes to carry on. It must have at least three directors and may have thirteen, and three of them must be residents of this State. 392. Dixration. — If the corporation is a railroad com- pany it may exist until its stockholders wish to surrender their charter, but nearly all other business corporations are given the right to exist for twenty or fifty years, but at the end of that time their charters may be renewed for another like period, and so on indefinitely, unless the law has in the meantime been changed. 393. Ownership of Real Estate. — ^A corporation can own such real estate as is necessary for the carrying on of the particular business in which it is engaged, such as its store or banking house, but it can own no other real estate except such as it takes in payment of debts due it, and even that it can not retain longer than six years. These are the general rules governing business corpora- tions. 394. Foreign Corporations. — Nearly every corpora- tion is organized under the laws of some state, and those chartered by some other state or by some foreign country are called foreign corporations. They have no right to do business within this State except upon such terms as the State may prescribe. Those terms are usually the same as those prescribed for home corporations. If they wish to come CORPORATIONS. 429 to this State to do extensive business they must secure a license from this State, and have an office or place of business here, and pay the same fees for that license as a home company with a like capital. If they simply buy or sell goods or other commodities in their own state from or to citizens of this State, they are not required to have a license from this State, but under what is called "comity between states" are pro- tected in the legal transaction of their business. 395. Educational and Religious Corporations. — But there are other corporations, such as colleges or univer- sities, which have charters just as do business corporations, and their affairs are managed by a board of directors, called curators or trustees. They have no capital stock, and con- sequently no stockholders, but their directors are elected by a synod or conference or an association, or by the remaining trustees when a vacancy occurs. They are perpetual cor- porations, and often own considerable property, which has been given them, and which can be used in any way mentioned in their charter that will promote the best interests of the institution. 396. Public Service Corporations. — Railroads . and street railways are public serv'ice corporations. They have been organized for the accommodation of the general public — for transporting freight from one place to another and carry-ing persons from place to place. They are called com- mon carriers, and for the service they render they are permit- ted to charge reasonable fares, but they have no authority which they are not specifically given by law, and being created for the public good the State has the right to regulate their freight and passenger rates and to fix them within reasonable bounds. It also has the power to require them to exercise the strictest care and diligence to prevent accidents to pas- sengers and loss of freight, and to avoid injury to persons on the track. 430 CIVIL GOVERNMENT OF MISSOURI. There are other public service corporations, such as tele- graph and telephone companies, electric light and gas light companies and water companies. All of these companies can exercise no power except such as is given them by law, and the State or the city may prescribe rules by which they may do business, and they are not permitted to fix the charges for the services rendered according to their own will. But it is difficult for the public or for the city council or legislators to know what is a just charge. Just rates depend upon the cost of the company's plant, the amount of money it must pay for labor and fuel and materials and equipment, and the cost of these things can be known only by an examina- tion of its books. City councils and legislators are rarely in a position to make such examination. The State has therefore created a Public Service Commission, composed of men who give their entire time to such matters. They are aided by numerous expert accountants, engineers, electricians and materialmen, who can by close examination furnish the neces- sary information, and then the Commission fixes the rates that the company may charge, and also requires it to make any needed improvements. 397. Municipal Corporations are cities, towns, school districts, drainage districts, public road districts, or other like subdivisions of the government. They have officers, who act for them just as do those of private corpora- tions. To illustrate, a city instead of a president will have a mayor, instead of a board of directors it will have a board of aldermen pr a city council, instead of stockholders it will have voters and taxpayers, and it will have such other officers as may be neces.sary for the transaction of its business, and like other corporations it can exercise no authority except such as is given it by the General Assembly. 398. Condemnation and Eminent Domain. — Rail- roads and all municipal corporations are given power to take land for their own use. A railroad may take a private house CORPORATIONS. 431 in town or part of a farm for its tracks, a city can take pri- vate property for a street or a hospital or a city hall, a school district can take a lot for a school house site, and a drainage district can take land for a necessary ditch. But none of them can take any land except for a public use, and they are not permitted to say what is a public use, nor is the Legislature, but whether or not the purpose for which it is proposed to take the land is a public use is to be determined by the circuit court or some higher court. Nor can any of them take any land for a use admitted to be public without first paying its just value. They cannot take it with a prom- ise to pay for it afterwards, but before they can touch it or in anywise disturb the owner in the peaceable enjoyment of it, they must pay for it. Nor are they permitted to decide what is its just value, but a set of disinterested commissioners first fix its value, and then if either side is dissatisfied with their award he can have a jury in the circuit court to determine its value. But if the court decides that the use to which the prop- erty is to be put is a public use, and the corporation pays to the owner or into court for him its value as fixed by the jury, he must surrender it, although it be his cherished home. This is called the law of eminent domain, and the suit by which the owner's land is taken from him is called a con- demnation proceeding. The law of eminent domain is a part of the law of the land ; it means that the owner of real estate owns it subject to the right of the public to take it for a public use by paying for it its just value. No property can be taken for a private use with or with- out just compensation except with the owner's consent, ex- cept for a necessary private way to a house or farm, or a nec- essary drain for sanitary purposes; but for a public use it can be taken without his consent upon the payment of a just compensation. Other public service corporations, such as water and light companies, have been given power to take land for a 432 CIVIL GOVERNMENT OF MISSOURI. public use in a limited way, but no city or railroad or school district or other public service corporation can take any prop- erty for any use unless the General Assembly gives it that power, and even after that power has been given the courts will, in every case in which their aid is asked, determine whether the particular use to which the corporation proposes to put the property is a public use. The law of eminent domain rarely works a hardship on the owner of land. The public corporation has the right to agree with the owner as to the value of the land it wishes to take for the public use, and to buy it at a price that is usually satisfactory. And so a railroad often buys its right of way, and the owner of land in a city when he plats it and divides it into blocks and lots usually donates the streets to public use. But if they cannot agree and a condemnation proceed- ing is resorted to, the commissioners or jury usually fix the value of the land taken at what it is worth. 399. Necessity for Corporations. — Public service cor- porations and many business corporations are a necessity of modern commercial life. Few men would now be willing to live fifty or a hundred miles from a railroad. Yet a railroad costs so much money that few men alone are able to build one. They require the combined capital of a great many men, and for a proper handling of that combined capital a corporation seems to be the best plan. If only individuals were given the right to build them, there would not be so many miles of railroad in this State, nor would they be any- thing like so well equipped as now. Banks are necessary for the easy and ready transaction of business, but there would be few banks if there were no corporations to own them. Individuals die, but corpora- tions need never die. If only individuals could own banks, the business men of the town or city would be very slow to deposit their money in banks ; for the owner might suddenly die, and then the bank's business might cease, and perhaps CORPORATIONS. 433 the depositors would not be able to get their money until the banker's administrator had wound up his estate in the probate court; and, besides, the banker would be slow to loan out his deposits, knowing that if he shoUki suddenly die his depositors might want their money, and if it were loaned out they could not get it. But where the bank is an incorporated one, the president or cashier or any other of its officers may die or become insolvent, his place is filled by the directors, and the bank's business goes on with little or no interruption. Business men understand this fact, and hence they deposit their money in the bank and it loans it out to borrowers, who use it in various kinds of business, and more business means more employment for laborers. In this way banks do a great deal to put money to work, and to keep it at work, but their power to do that would be vastly less if they were not incorporated. Corporations for the transaction of many other kinds of business seem to be a necessity of a great people devoted to industry and to the development of the resources of health- ful commerce. 400. Trusts and Combinations. — But private and public service corporations have no natural right to exist; they exist because the lawmakers, and the people who elect lawmakers, seem to think them necessary. They derive their right to exist from government; they have no power ex- cept what the government permits them to exercise. The government can, therefore, restrain them from using their powers in a way to injure the general public, or to be unjust to their employees. It can prohibit them from making com- binations or agreements in restraint of trade. Where cor- porations combine to unjustly and unreasonably raise the prices of the things they sell or to lower the prices of things they buy, the combination is called a trust. Sometimes the agreement is to lessen the amount of the things they produce and thereby to increase their price to the consumer, and some- 434 CIVIL GOVERNMENT OF MISSOURI. times it is for a number of corporations engaged in the same kind of business to consolidate into one company and thus destroy competition between themselves. The State has enacted laws that make illegal all combinations of this kind which result in injury to the general public, and whenever the combination can be shown in court to be an unjust or un- reasonable restraint of trade the court will put a stop to it, and if necessary to do that it will even forfeit the charters of the corporations in the combination and not let them longer do business in the State. 401. Guiding Principles In Controlling Corporations. — The proper control of corporations, and the preventing of trusts, is one of the most serious questions in our pres- ent-day politics. It is at the same time one of the hardest and most difficult. It is a question that the people are slow to comprehend. In dealing with it the people should always have before their minds this question. What is best for the general public? And to answer that question they must have an intelligent understanding of the effects of large combina- tions of capital. Government must always see to it that all energetic men have the very best possible chance to make an honest living, and whatever combinations lessen that chance or weaken their powers of individual manhood must be de- stroyed. On the other hand, it will not do to assume that all corporations, or even all combinations of companies, are hurtful. If properly hedged about, they may furnish em- ployment to industrious persons, who might otherwise be idle, and they often result in selling to the people things for their comfort at lower prices than would prevail without them. But our Constitution says that "all men have a natural right to the enjoyment of the gains of their own industry." Then all combinations that interfere with that right are wrong, and the people, through the various departments of their govern- ment, should prevent them. Justice to all men should be the CORPORATIONS. 435 controlling principle in dealing with trusts, as in determining every other duty of man to man. Questions on Chapter XIL 1. Who may make contracts? (389) 2. What is said of partnerships and liability of partners? (389) 3. WTiy do men form corporations? (389) 4. For what other reasons? (389) 5. Are all companies corporations? (389) 6. How is a partnership properly spoken of? (389) 7. In what name may an individual do business? (389) 8. Give an illustration. (389) 9. Could that same company be owned by a partnership? (389) 10. What would each partner be liable for? (389) 11. In what business could it engage? (389) 12. Illustrate how a corporation may be formed? (389) 13. Ha\4ng been chartered, what would it do? (389) 14. Who would be the owners of the company? (389) 15. Who would elect the directors and who the officers? (389) 16. Who declare the dividends? (389) 17. How many directors and stockholders? (390) 18. Upon what does the stockholder's interest depend? (390) 19. How many votes for directors has he? (390) 20. What may he draw out of the company? (390) 21. What is the extent of his liability? (390) 22. How may he withdraw from the company? (390) 23. Suppose he dies, must the company die too? (390) 24. But suppose the compjany were a partnership what would be the effect of his death? (390) 25. How, then, is a corporation defined? (391) 26. Whence come its powers? (391) 27. WTiat must its name indicate? (391) 28. The number and residence of directors and stockholders? (391) 29. How long may a corporation exist? (392) 30. WTiat real estate may it own? (393) 31. What are foreign corporations? (394) 32. Upon what terms may they do business here? (394) 33. What is said of educational corporations? (395) 34. What is said of railroad and street railway companies? (396) 35. What other public service corporations are mentioned? (396) 36. What power may a public service corporation exercise? (396) 436 CIVIL GOVERNMENT OF MISSOURI. 37. What are municipal corporations? (397) 38. What similarity between them and private corporations? (397) 39. What right have railroads or municipal corporations towards private lands? (398) 40. What must the use be? (398) 41. Who has the right to say when the use is public? (398) 42. When may they take land for a public use? (398) 43. Who decides what is its just value? (398) 44. What is the law by which private property is taken for a public use called? (398) 45. And what is the suit by which that is done called? (398) 46. Can private property be taken for a private use? (398) 47. When may a city or railroad, etc., take private property for any use? (398) 48. Does this law often work a hardship? Why? (398) 49. What is said about the necessity for corporations? (399) 50. Do corporations have a natural right to exist? (400) 51. Where do they get that right? (400) 52. What power have they? (400) 53. How may the government restrain them? (400) 54. Give some illustrations. (400) 55. What laws restraining them has the State enacted? (400) 56. What is said of the difficulty of controlling corporations? (401) 57. What must government always see to? (401) 58. What does our Constitution say? (401) 59. What should be the controlling principle in all public matters? (401) APPENDIX (TO CIVIL GOVERNMENT. THE CONSTITUTION OF THE UNITED STATES. PREAMBLE. « We, the people of the United States, in order to form a more per- fect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. LEGISLATIVE DEPARTMENT. Section I. Congress in General. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Rep- resentatives. Section II. House of Representatives. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. *3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. *NoTE. — So much of clause 3 of section 2 as requires direct taxes to be apportioned among the States has been superseded by the sixteenth amendment, page 452. (437) 438 APPENDIX. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumer- ation shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five. New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Car- olina five, and Georgia three. 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. Section III. Senate. *1. The Senate of the United States shall be composed of two Sen- ators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year, and of the third class, at the expiration of the sixth year, so that one-third 'may be chosen every second year; and if vacancies happen by resignation or otherv/ise during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such va- cancies. 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President* of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a Pres- ident pro tempore in the absence of the \^ice- President, or when he shall exercise the office of President of the United States. *NoTE.^ — The words "chosen by the Legislature thereof" in the first clause of section 3 have been superseded by the seventeenth amendment, page 452. . ' APPENDIX. - 439 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law. Section IV. Both Houses. 1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section V. The Houses Separately. 1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent mem- bers, in such manner, and under such penalties, as each house may pro- vide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two- thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judg- ment require secrecy, and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section VI. Privileges and Disabilities of Members. 1, The Senators and Representatives shall receive a compensation for their services, to be ascertained by law and paid out of the Treasury 440 APPENDIX. of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attend- ance at the session of their respective houses, and in going to and return- ing from the same; and for any speech or debate in either house they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments where- of shall have been increased during such time; and no person holding any office under the United States shall be a member of either house dur- ing his continuance in office. Section Vn. Mode of Passing Laws. 1. All bills for raising revenue shall originate in the House of Rep- resentatives; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representa- tives and the Senate shall, before it become a law, be presented to the President of the United States; if he approves he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house is shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays ex- cepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, ■ or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rtiles and limitatiqns prescribed in the case of a bill. APPENDIX. 441 / Section VBI. Powers Granted to Congress. The Congress shall have power: 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations and among the sev- eral States, and with the Indian tribes; 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7. To establish post-offices and post-roads; 8. To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; 9. To constitute tribunals inferior to the Supreme Court; 10. To define and punish piracies and felonies committed on the high seas and offenses against the law of nations; 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regulation of the land and naval forces; 15. To provide for calling forth the militia to excute the laws of the Union, suppress insurrections and repel invasions; 16. To provide for organizing, arming and disciplining the militia and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appoint- ment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; 17. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of par- ticular States and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which 442 APPENDIX. the same shall be, for the erection of forts, magazines, arsenals, dock- yards, and other needful buildings; and 18. To make all laws which shall be necessary and proper for carry- ing into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. Section IX. Powers Denied to the United States. 1. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re- quire it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 7. No money shall be drawn from the Treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. Section X. Powers Denied to the States. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obliga- tion of contracts, or grant any title of nobility. APPENDIX. ^ 443 2. No State shall, without the consent of the Congress, lay any im- posts 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 engage in war, unless actually invaded or in such imminent danger as will not admit of delay. ARTICLE n. EXECUTIVE DEPARTMENT. Section I. President and Vice-President. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected as follows: 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. [*3, The electors shall meet in their respectiv^e States and vote by ballot for two persons, of whom one at least fihall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The Pres- ident of the Senate shall, in the presence of the Senate and House of Rep- resentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no person have a ma- jority, then from the five highest on the list the said house shall in like *NoTE — This clause has been superseded by the twelfth amendment, page 450. 444 APPENDIX. ( manner choose the President. But in choosing the President the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.] 4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Con- gress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what offi- cer shall then act a^ President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emoKiment from the United States or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitution of the United States." Section II. Powers of the President. 1. The President shall be Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive de- partments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for of- fenses against the United States, except in cases of impeachment. APPENDIX. 445 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the Pres- ident alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Section m. Duties of the President. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagree- ment between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive am- bassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section IV. Impeachment. The President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE m. JUDICIAL DEPARTMENT. Section I. United States Courts. The judicial power of the United States shall be vested in one Su- preme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both df the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Section n. Jurisdiction of the United States Courts. 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and trea- ties made, or which shall be made, under their authority; to all cases 446 APPENDIX. affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trials shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section in. Treason. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted. ARTICLE IV. THE STATES AND THE FEDERAL GOVERNMENT. Section I. State Records. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Con- gress may by general laws prescribe the manner in which such acts, rec- ords, and proceedings shall be proved, and the effect thereof. Section H. Privileges of Citizens, etc. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall APPENDIX. 447 on demajid of the executive authority of the State from vhich he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labour in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regu- lation therein, be discharged from such service or labour, but shall be delivered up on clain\ of the p)arty to whom such service or labour may be due. Section HI. New States and Territories. 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress. 2. The Congress shall have power to dispose of and make all need- ful rules and regulations respecting the territory or other property be- longing to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State. Section IV. Guarantee to the States. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the executive (when the Legislature cannot be convened), against domestic violence. ARTICLE V. POWER OF AMENDMENT. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which in either case shall be valid to all intents and purposes as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress, provided that no amend- ment w hich may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article, and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. 448 APPENDIX. ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTI- TUTION, CaIH of OFFICE, RELIGIOUS T^SXc 1. AH debts contracted and engagements e;..iirea l.xto, before the adoption of this Constitution, shall be as valid against the United States under th'.? Constitution as under the confederation. 2. This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary not- withstanding. 3. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no reli- gious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE Vn. RATIFICATION OF THE CONSTI- TUTION. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. AMENDMENTS. First Amendment. Congress shall make no law respecting an establishment of religion, or prohibiting the free ejcercise thereof; or abridging the freedon of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Second Amendment. A well-regulated militia being necessary to the security of a free state, the right cf the people to keep and bear arms shall not be infringed. APPENDIX. 449 Third Amendment. No -'^H^er- shall, in^lilne of peace, be quaftdood in any house without the c