UC-NRLF B 3 IMM 32fl UNIVFRQITV /-MT DE No. N ESSENTIALS IN CIVIL GOVERNMENT A TEXT- BOOK FOll USE IN SCHOOLS BY S. E. FORMAX, Ph.D. NEW YORK •:• CINCIXXATI •:• rHTCAr.O AMERICAN BOOK COMPANY e • • r Copyright, 1908, bt S. E. FORMAN Entered at Stationers' Hall, London F. Civil Govt. PlIKFACE Of the wholc^ luimbor of {uipils who can study Civil Government with profit more than ninc-tcntlis arc in the two upper elasses of the grammar schools and in the two lower classes of the high schools. In these classes there are more than a million young people who can be led into a just appreciation of the rights and duties of citizens. Here is a rich field for the sower, an opportunity vast in its proportions for improving the quality of Ameri- can citizenship and elevating the American electorate. Tlie aim of this little book is to help those teachers who are trying to give the masses of their pupils sound and sys- tematic instruction in Civil Government: it is intended for use at the top of the grammar school and at the bottom of the high school. Its primary aim is not to teach facts. You cannot start young people on the road to good citi- zenshiji by gorging their minds with facts about govern- ment. The primary aim of the book is to establish political i(l(\als and to indoctrinate in notions of civic morality. In the first few lessons (Lessons I-V) the pupil studies the little world in which he moves and has his being. lie takes a peep at his own moral nature and he studies the governments of the home and of the school. Then he takes M]) the great subject of citizenship (Lessons VI-XI) and learns of civic rights and civic duties. Lessons XII-XV fi-if.'.'Ji 4 PREFACE treat of the powers of government. In these four lessons the great underlying principles of our government may be learned, and while studying them the pupil ought to catch something of the spirit of American government. "The letter killeth but the spirit giveth life." With Lesson XVI the pupil begins to study the forms and workings of the larger governments. Lessons XVI-XX are given to local government, Lessons XXI-XXVI to State government and Lessons XXVII-XXXVI to the National Government. The subject of Taxation is treated in Lessons XXXVII- XXXVIII. Will the general teaching of Civil Government in the schools tend to elevate the citizenship of the masses? It will if a lesson in Civil Government is made a lesson in political ethics. Good citizenship is an affair both of the head and of the heart, and training in citizenship must quicken the conscience as well as inform the mind. In the preparation of this book this truth has never been lost sight of. Wherever it has been practicable I have tried to help the teacher to combine instruction in Civil Government with instruction in morals. S. E. FORMAN. Washington, D. C. CONTENTS LESSON I Government and Laws 11 Moaning of the Word "CJovornmcnt " — The Study of Government — What Government Does for Us — Laws. LESSON TT The Government OF Self 15 Self-Control— Self-Control can be Cultivated— The Re- ward of Doing Right — The Government of Self the Foundation of Ail Government. LESSON ITT The Family 19 Husband and Wife; Marriage — Parents and Children — The Duties of Parents to Cliildren— The Rights of Parents in Respect to Their Children — Importance of the Family Government. LESSON T\' The Government of the School 24 Pupils Should Know Sometliing of School (iovernment — School OfTiciTs — The Powers and Duties of School Offi- cers — The Teacher. LESSON V The Government of the School (Continued) ... 28 Rules that Pupils Must Obey — Duties of Teachers and Pupils. 5 6 CONTENTS LESSON VI Citizenship : Who are Citizens 33 Introduction — Meaning of the Word "Citizen" — Aliens — Naturalization. LESSON VII Citizenship: Civil Rights 37 Civil and Political Rights— The Right to Personal Se- curity — Personal Liberty; Habeas Corpus — The Right of Private Property. LESSON VIII Citizenship: Civil Rights {Continued) 41 The Right of Religious Freedom — The Right of Freedom of Speech — The Right of Freedom of the Press — The Right of Assembly— The Right of Petition— The Right of Protection in the Home — -The Right of Due Process of Law — The Right to Equal Protection of the Laws — The Right of Protection on the High Seas and in Foreign Lands. LESSON IX Citizenship : Who are Voters 46 The Right of Suffrage— Persons Who May Not Vote- Registration. LESSON X Citizenship : Elections 50 At the Polls — Counting the Vote; Majority; Plurality — The Right of Holding Office. LESSON XI Citizenship : Duties of Citizens 55 A Few Words about Duty — Obedience to the Law — Defense of One's Country — Earning a Living — The Duty of Studying Political Questions— The Duties of Voters. CONTENTS 7 LESSON XII Tin: Powers of Government: Majority Rule . . 60 Introduction — The Power of the People — Democraoy a Ciovernmcnt of Reason — Democracy :i (lovcrnnieiit of Justice. LESSON XIII Tin; Powers of Government: Representation . . 67 Pure and Representative Democracy — The Representa- tive's Term of Service — How a Fair Representation is Secured. LESSON XIV The Powers of Government : Checks and Balances 73 Introduction — The Three Departments of Government — The Lower and tlie Upper House — The Veto Power — The Independence of the Departments. LESSON XV The Powers of Government: Local Self-Govern- MENT 80 Introduction — The Three Grades of Government — The Relation of the Local Government to the State — Local Self-Govcrnment — Tho Sorvicps of Local (Jovcrnment. LESSON XVI The County 85 Introduction — County Government Not Everywhere the Same — The County Seat— The County Commissioners or Supervisors— The Court Officials of the County — Other County Officials. LESSON XVII To^\'N Government 03 Early Town Government in New ICngland — The Town Meeting — Town Officers. 8 CONTENTS LESSON XVIII The Township 99 The Nature of Township Government — Township Meet- ings and Township Elections — Officers of the Township. LESSON XIX Municipal Government 103 Why Municipal Government is Necessary — Village and Borough Government — The City Charter. LESSON XX Municipal Government (Continued) 109 The Three Great Departments of City Government — The City Council — The Mayor; Municipal Executive Department — Services of City Government. LESSON XXI The State 116 The Thirteen Colonies — The Thirteen Original States — The Admitted States — The Outlines of a State Govern- ment. LESSON XXII The State Constitution 120 Meaning of the Word "Constitution" — Description of a State Constitution — How the Constitution of a State is Made — How a Constitution is Changed. LESSON XXIII The State Legislature 125 When and Where the State Legislature Meets — The Two Branches of the Legislature — Election of Members of the Legislature — Organization. LESSON XXIV The State Legislature (Continued) 131 How a Law is Made — The Initiative and Referendum— What the Legislature of a State May Do— Honest Men for the Legislature. CONTENTS 9 LESSON XXV , The Governor and IIis Colleagues 138 The Governor — Other Executive Officers — Impeachment. LEvSSON XXVI Judges, Juries, and Courts of Law 144 The Judicial Department — The Justice of the Peace — The Circuit Court— The Supreme Court — Civil and Criminal Cases. LESSON XXVIT The N.\tional Constitution 151 Introduction — The Articles of Confederation — The Con- stitutional Convention of 1787 — Amendments to the Constitution. LEvSSON XXVIII Congress 156 The Two Houses of Congress— The House of Representa- tives — The Senate — How a Law is Passed in Congress — The Power of Congres.s Limited. LESSON XXIX CoNGRE.ss (Continued) 162 What Congre-ss May Do — What Congress May Not Do. LESSON XXX The President; His Election 168 Introduction — The Nomination of a Presidential Candi- date—The Election of the President- Inauguration. LESSON XXXI Tin: President and His Cabinet 175 The Powers and Duties of the President— The Creat Executive Depart ment.s — Cabinet Meet ing.s— The Na- tional Civil Service; the Civil Service Commission- Salaries. 10 CONTENTS LESSON XXXII The National Executive Departments .... 182 Introduction — The Department of State — The Depart- ment of War — The Department of the Navy. LESSON XXXIII The National Executive Departments (Continued) 188 The Department of Justice — The Department of the Treasury — The Post Office Department. LESSON XXXIV The National Executive Departments (Continued) 194 The Department of the Interior — The Department of Agriculture — The Department of Commerce and Labor — Executive Work Outside the Departments. LESSON XXXV Territories and Dependencies 201 Introduction — The Organized Territories — Alaska — Our Island Possessions — The District of Columbia. LESSON XXXVI The National Courts 206 The Kind of Cases Tried in the National Courts— The Four Grades of National Courts. LESSON XXXVII Taxation : The Property Tax 212 Introduction — Taxation a Power of the Lawmaking De- partment—The Property Tax — How Each Taxpayer's Share is Determined — The Collection of Taxes. LESSON XXXVIII Other Taxes 217 The Income Tax — The Inheritance Tax — Licenses; Fees —Poll Tax— The Franchise Tax— Duties and Excises- Eminent Domain. Index 222 ESSENTIALS IN CIVIL (.;o\ ERNMENT I. GOVERNMENT AND LAWS " Order is Heaven's first law." Meaning of the Word "Government." — In the Latin inguage the word guhernator means a -pilot, a steersman, one ^ho guides; and from this word guhernator we derive our rord governor. A governor, therefore, is one who guides omething. and tlie word government means guidance or iianagoment. Thus when we speak of the government if a home, we refer to the management of the private .ffairs of the home; when we speak of the government of , State, we refer to the management of the pubhc affairs ti the State. The word government will be used a great iiany times in this book, and we shall learn that there are iiany kinds of government. We shall speak of "self- ;overnment," of "family government," of "school govern- nent," of "State government," of "national government." iVherever the word government occurs, it will moan guid- mce, management, control. The Study of Government. — You are now going to study he subject of government; that is, you are going to study 11 12 EVERY-DAY GOVERNMENT how tha affairs of miinkind are managed; how men and women are guided in their journey through the world amidst other men and women ; how society is held together and controlled. The study is of great importance, and should be of great interest, for the happiness of men de- pends largely upon the kind of government that guides and controls their lives. The study of government should interest children as well as men; for children, as well as men, are deeply affected by the government under which they live. In his earhest years the child is under the government of his parents. As soon as he is old enough he is sent to school, where a new government enters into his life and controls his ac- tions. He now lives under the government of the school, as well as under the government of the home. He must obey his teacher, as well as his father and mother. When he goes out into the streets, and parks, and fields, he finds that there is a third government to restrain him and reg- ulate his conduct. If he is very noisy, or if he runs upon flower beds in the park, or if he takes fruit from the or- chard of a stranger, he is promptly checked by a policeman or other officer, and may be punished for his offense. This third government which the child must obey is the government of the city, or of the State. And thus it is all through life; no matter where we go, or which way we turn, government always and everywhere follows us and regulates our actions. If the governments that control us are wise, and just, and kind, we are made happier by them; if they are harsh, or foolish, or tyranni- GOVERNMENT AND LAWS l.i ral, (Mil- lives are made misorablc l)y tlicni. liy studying and understanding the diCferont forms of government un- der whieh we live w(> may prepare ourselves to make them better. What Government Does for Us. — You have but to look around you to see how great and how useful arc the services of government. Government keeps peace and good order among nun; it protects life and property; it jumishes crime; it keeps an army and navy for the defense of the nation; it supports courts of law where men may find justice; it regulates commerce and industry; it coins and prints the money we use; it collects and distributes our let- ters; it gives assistance to the poor and unfortunate; it cares for the public health; it supports the public schools; it keeps the streets and roads in repair. Many other serv- ices of government might be mentioned, Ijut these are enough to show you that we owe a great deal to government. Laws. — The rules that governments make to guide our actions are called laws. A law states what we arc to do anfl forbids what we arc not to do. When a law has been made it must be obeyed. No man can disobey a law with- out being liable to punishment for his disobedience. We may not lik(> a law, we may think a law unjust or unwise, yet so long as it is a law we must obey it. Moreover, when a ])erson violates a law, he is jmnished, even if he did not know there was such a law when he vi()late(l it. Ignorance of what the law is will excuse no one. Laws are made for the government of us all, and if we do not know what they are it is cither our fault or our misfortune. I 14 EVERY-DAY GOVERNMENT How laws are made and changed, and how people are forced to obey them, and punished for disobeying them, will be explained hereafter. At present it is enough to know that any government worthy of the name is always strong enough to enforce the laws that are made. It is the duty of all who live under a government to obey the laws of that government without being compelled to do so. If we think a certain law is bad, it is our right and our duty to try to have the law changed. Are you compelled to obey any laws that you think are unjust? QUESTIONS AND EXERCISES 1. What is the meaning of the word governess? governmental? un- governable? gubernatorial? 2. Explain the use of the "governor" on a steam engine. 3. Name the people whom you know to be officers of government. 4. What would happen if people on the street were allowed to do just as they pleased? 5. What is a hermit? 6. Of the services of government mentioned in the lesson which Btands first in importance? Which stands second? Which third? Which fourth? Give reasons. The Stocks — an Old-fashioned Punishment II. THE GOVERNMENT OF SELF •' He that rulctli his spirit is better than he that takcth a city." — Bible. Self-Control.— Before you begin to study the different forms of government under which we hve, I wish to call your attention to something that is at the foundation of all government. I wish you to think for a few moments upon the subject of the government of one's self, or self -control. You doubtless feel in yourself the power to control your own actions in many ways. You can be studious, or you can be idle; you can be respectful, or you can be impu- dent; you can be kind, or you can be cruel. I think you will not deny that there is within yourself a government which controls your private actions; a ivill that directs the actions of your mind and body. We should constantly be asking ourselves whether our wills are carrying us in the right tlirection. True self- control consists in deciding to do what is right and doing it. Anger, appetite, laziness, envy, jealousy, pride, re- venge, tempt us to do wTong. Love, duty, conscience, whisper to us to do right. For which shall we decide — for the wrong or for the right? If we decide for the \NTong, we may in the end become the slaves of our passions and be destroye teachers to make such rules. In all im- portant matters relating to the school the teachers must 26 EVERY-DAY GOVERNMENT consult the school officers. For example, a teacher may send an unruly pupil home for a short time, but he seldom has the power to expel the pupil; that is, it is only the school officers who may take away from the pupil entirely the right of coming to the school. These officers determine the hours of opening and closing school ; they fix the lengths of recesses; they decide when a holiday may be given; they care for the health of the pupils. Thus we see that they play a most important part in the government of the school. The Teacher. — Next to the school officers in the gov- ernment of the school comes the teacher. So far as the pupils are concerned, the teacher is the real head of the school. The duty of the teacher is twofold, — he must teach, and he must govern. As there can be no good teaching where there is not good government, the teacher must make every effort to secure obedience and good habits in his pupils. In order to do this, he usually makes a set of rules for the guidance of the school. If these rules are just and reasonable, the pupils must obey them. If a pupil refuses to obey a proper rule, he may be pun- ished for his disobedience; if he persists in disobeying, he may be expelled from the school. What are some of the rules that a teacher may make and that pupils must obey? In the next lesson I shall men- tion a few of those rules that judges in courts of law have found reasonable and have upheld teachers in enforcing. The rules that will be mentioned are such as no pupil can safely disobey. THE C.OVi:UNMENT OF THE SCHOOL 27 QUESTIONS AND EXERCISES 1. Wliat is (lie governing body of your school calk-d? How is it cliosen? Wliat arc tlu> names of its nu'nihers? Make ont a list of its jH)\vors. 2. Do yoii know the boundaries of your school district? Draw a map of the district, locating the schoolhouse. 3. May a pupil living in one school ilistrict attend school in an- other? 4. In some States women may serve as school ofTicers. Do women serve as school officers in your school district? r>. Draw up a formal petition asking your School Board or Commit- tee to purchase something that your school needs. 6. Is a pupil on his way to or from school under the government of the school or under the government of his parents? V. THE GOVERNMENT OF THE SCHOOL {Continued) "The seven cardinal virtues of the school are regularity, punctu- ality, neatness, accuracy, silence, industry, and obedience." —E. E. White. Rules that Pupils Must Obey : Rule I. Pupils must not he tardy. — "Tardiness is a direct injury to the whole school. The confusion of hurrying to seats, gathering together of books, etc., by tardy ones, at a time when all should be at study, cannot fail to impede the progress of those who are regular and prompt in attendance. The rule requiring prompt and regular attendance is demanded for the good of the whole school. It is therefore a rule for the government of the school, and must be regarded as proper and reasonable." Rule II. Pupils must conduct themselves properly while at school. — "Henry H was expelled from school by the Committee of Rockport, M , for acts of misconduct, which consisted of whispering, laughing, acts of playful- ness and rudeness to other pupils, inattention to study, and conduct tending to cause confusion and distract the attention of other scholars from their studies and reci- tations." Henry thought the expulsion was unjust, and brought suit against the Committee. The judge who tried his case thought that the boy was justly expelled, and decided in favor of the Committee. 28 Till'; COVKRN.MKNT OF Till-: SCHOOL 29 Tiii-r. TTT. I'lipils should be regular in altendance. — I'upils may Ih> forbidtlcMi (o roinain absent from school witiiout a satisfactory excuse. They may ho reciuircd to hriiiij; written excuses for absence. On this rule a .ju(lp;e, (leliverinp; an opinion in court, said: "Continued or re- p(\ated absences of one of a class are not only injuiious to tlie absentee but, if allowed beyond a certain point, are calculated to demoralize those who attend and derange the orderly instruction of the teacher." Notice that the judge was not so much interested in the boy who was absent as he was in the pupils who were regular in their attendance. It is the welfare of a whole school, and not the welfare of a single person, that must be considered when making a rul(> for the government of pupils. In what ways does absence interfere with the general work of the school? Rri.E I\'. j'upih must not play truant. — When a child that has been sent to school by its parents does not come to school, it commits truancy, and this is an offense against good school government. In some States and in niany cities truant officers are employed to follow up tiuants and bring them to school. Truancy is a grave fault, and pujuls who commit it are liable to find them- selves in serious trouble. A judge in a court of law is usually severe with truants. What does the truant lose i)y remaining away from school? What does the school lose? Duties of Teachers and Pupils. — The few i-ules that have been given an> such as have been found neces- sary in all schools. In all schools children must be punc- 30 EVERY-DAY GOVERNiMENT tual, they must be obedient, they must be regular in their attendance, they must not play truant. Many other rules might be mentioned, but more are not necessary. After all, a school is not made good by rules. A good school is one in which both teachers and pupils try day by day to do their duty. What is meant by duty? What is it to do one's duty? You do your duty when you do what your conscience tells you is right. Try to find out what is right, and when you have "decided what is right, act for the right, and you have done your duty. It is sometimes hard to tell what is right and what is wrong, but some things are pretty clear. It is perfectly clear that it is the duty of the teacher to do the following things: (1) To prepare himself thoroughly in the subjects that he teaches. (2) To work hard for the advancement of all his pupils. (3) To treat his pupils with respect and kindness, and to extend to them, whenever he can, help and sympathy. (4) To set an example of right living. A bad man cannot be a good teacher. (5) To be punctual. A teacher cannot expect his pupils to be prompt if he allows himself to be tardy. (6) To be careful of his own health and of the health of his pupils. (7) To train his pupils in such habits as will make good men and women of them. These are a few of the duties of a teacher. Your teacher has doubtless thought much upon the subject of his duty, THE COVER NMIOxXT OF Till: PCIIOOL 31 and lias p('rliui)s read books ui)oii (he sulijccl. Il would not he strang(' if you hav(> thought very Htllc of your duty: yet as pupils you have your duties, and you ought to Irarn wliat thoy are and try to fulfill th(>ni. A few of the most important duties of jnipils are: (1) To obey cheerfully the four rules that liave been stated. (2) To avoid wasting their own time or the time of their fcllow-iuipils by whispering, jjassing notes, or mak- ing unnecessary noises in the schoolroom. (3) To be kind and respectful to their teachers and schoolmates, (4) To be truthful in all things. (5) To be loyal to the school and to support the teacher in his efforts to improve it. (6) To be neat and clean in dress and person. (7) To avoid speaking ill of their classmates. (8) To avoid slandering or misrepresenting the teacher. (9) To avoid bearing tales. (10) To refrain from cutting, marking, injuring, or de- facing school property. (11) To obey all signals promptly. (12) To conduct themselves i^roperly on the way to and from school. There are, of course, other duties besides those men- tioncvl above. In the schoolroom, as elsewhere, there are constantly arising questions of duty that can be set- tled only by taking into consideration particular facts and circumstances. In all cases, howcvcj-, the rule is the 32 EVERY-DAY GOVERNMENT same: Do right, forget self, and do what your conscience tells you to do. By following the path of duty a pupil will help to make his school what it ought to be — a place where the minds and hearts of boys and girls are trained for the highest manhood and womanhood. QUESTIONS AND EXERCISES 1. From the list of duties of pupils given in the lesson a most im- portant duty is omitted. What is the duty? 2. Make a Ust of duties that parents owe to the school. 3. Make a list of duties that teachers owe to parents. 4. Name the qualities that teachers like in pupils. 5. Name the qualities that pupils like in teachers. 6. When things go wrong with pupils at home, do they ever take their spite out in the schoolroom? 7. What does the word impartial mean? Can a teacher be per- fectly impartial? 8. In your conduct towards your teachers and schoolmates, do you follow the "golden rule"? 9. Discuss "cheating" and "copying." 10. Name some of the benefits of education. VT. CITIZENSHIP: WHO ARE CITIZENS "The ideal citizen is the man who beUeves that all men are brothers, aiul that the nation is merely an extension of his family, to be loved, respected, and cared for accordingly." — Ilabbcrton. Introduction. — Wo have studied the govenmient of the fiunily an(i the government of the school, and have learned something of the rights and duties of the members of a household, and also something of the rights and duties of pupils and teachers. The governments that we shall study hereafter are those that we meet outside of the family and school.' They are governments that include a much larger number of peoj^le than either the family or the school. A family seldom consists of more than a dozen persons, while the school seldom numbers more than sev- eral hundred puj^ils. But the larger governments that you will be interested in when you go out from school con- sist of many thousands, and some of them of millions, of people. They are governments, therefore, far more diffi- cult to understand than that of the family or the school. We shall !>(> able to understand the workings of the larger governments better if we first learn something about the subject of citizenship. Since this is a very great sub- ject it will take several lessons to (lisi)ose of it proj^crly. Meaning of the Word " Citizen."— Let us begin our study of the great subject of citizensiiip by trying to learn what is meant by the word citizen. In the strict F. Civil Govt.— 3 33 34 CITIZENSHIP meaning of the word a citizen used to be one who had the rights and privileges of an inhabitant of a city; but the word now means more than this. A citizen is one who has the rights and privileges of the inhabitants of a State or nation. As a member of the family you have certain rights and duties under the family government; as a member of a school you have certain rights and duties under the government of the school; and so, as one of the inhabitants of a nation, you have certain rights and duties under the government of that nation. Any one born in a country is a citizen of that country. If you were born in the United States, you are a citizen of the United States. The rank of citizen does not belong to grown men alone, for women and children are as truly citizens as men are. To be a citizen is simply to be a recognized member of a community, and one test of such membership is birth within the community. Aliens. — But there are many people among us who were not born in the United States. Thousands come to our shores every week from foreign countries. A foreigner is a citizen of another country, and is for that reason called an alien, a word which means another. Aliens have not so many rights and privileges as citizens have. As a rule they are not allowed to vote, and in some States they are not allowed to hold land in their own names. As they are citi- zens of another country it is not just that they should share all the privileges of citizens of this country. A per- son cannot be a citizen of two different countries at the same time. wiu) ARi: CI rizi;N\s 35 Naturalization.— Many of tlio aliens living amonp; us con- tinue to be citizens of the country'in which they were born. Yet if they so desire they can be naturalized, that is, they can be made citizens of our country by a process of law called naturalization. Before an alien can ijc naturalized, he nuist have lived five years in this country. An alien who wishes to be naturalized must first go into some court of law and declare upon oath before a judge that Immigrants Arriving at Ellis Island, New York he intends to become a citizen of the United States. This is called "declaring his intention." Not less than two years nor more than seven years after he has declared his intention, the alien must again appear in court and swear that he renounces forever all allegiance to any foreign country and especially to the country of which he is at the time a citizen. lie must also swear to sup- port the Constitution of the United States. If the judge finds that the alien is able to speak the English language and write his own name, that he has resided in the United 36 CITIZENSHIP States for five years, and that he is a person of good moral character, the ahen will then be declared to be a citizen of the United States and will have the same rights as native-born citizens, except that he can never become the President or Vice President of the United States. There are certain classes of aliens who are not allowed to be natm-aHzed, no matter how long they may Hve here. Alien Chinese and Japanese cannot be naturalized and therefore cannot become citizens of the United States. Anarchists — persons opposed to all forms of organized government — are also refused the gift of naturalization, QUESTIONS AND EXERCISES 1. What is the difference between a citizen and a subject? 2. What is an immigrant? An emigrant? 3. What is meant by the word allegiance? 4. What body makes the rules governing the process of naturahza- tion? (Examine the Constitution of the United States, a copy of which you will doubtless find in your school history, Art. 1, Section 8, Clause 4.) 5. Do you think these rules are wise and just? Would it be right to require that ahens, before they are naturalized, should be able to read the Constitution that they swear to support? 6. What is meant by the word expatriation? Should a person be allowed to expatriate himself in time of war? 7. Are there many foreigners (aliens) in your neighborhood? If so, of what countries are they citizens? 8. Would you make it easier or more difl&cult for foreigners to be naturalized? VTT. riTTZI':XSIIIP: CIVIL KMCJTTTS "What is liberty without wisdom ami without virtue? It is folly, vice, and madness." — Edmund Burke. Civil and Political Rights. — Wo shall now loarii of tli(^s(' lights of wliich American citizens are so proud. Tlic rights of the citizen may bo (lividcHJ into two classes: (1) his civil rights, and (2) his political rights. Civil rights are those that are cnjoyetl by all citizens, whether men, women, or children. Political rights are such as adult citi- zens have of sharing in government. Thus the right to vote and the right to hold office arc political rights. In this lesson and in the next wo shall learn of civil rights. Nearly all civil rights arc possessed by aliens as well as by citizens. The Right to Personal Security is the right to be secure from injury to body or to health. If a person is attacked, if violent hands are laid upon him, he can call upon the gov- ernment to defend him. Policemen, sheriffs, and constables are employed at public expense to secure citizens from harm. If a citizen is attacked, and he cannot get the im- mediate aid of an officer, he has the right to defend himself. If a burglar breaks into a house at night, the occupant of the house, in defense of himself and family, may lawfully kill him. If a citizen is threatened harm by a person, ho may have the one who threatens him taken before a magistrate and bound with sureties to keep the peace. If the health 37 38 CITIZENSHIP of citizens is threatened by some nuisance, as by poisonous fumes from a factory, or by a careless accumulation of filth, the citizens may call upon the government to have the nuisance removed or abated. In these and in many other ways the government cares for the personal safety and happiness of the citizen. Personal Liberty ; Habeas Corpus. — Another right that all citizens enjoy is the right of personal liberty. By this is meant the right to move about freely from place to place without hindrance, to choose a place of residence, and to engage in whatever occupation one may see fit. Of course while you are under the charge of your parents you cannot enjoy this right so fully as you will when you shall come of age. The right of personal liberty is one of the most valuable rights that free men possess. In olden times a powerful man could throw a humble man into a dungeon and keep him there as long as he desired. In our day such a wrong cannot be inflicted upon a citizen. No citizen in this country may be imprisoned by a private person, nor may any one be imprisoned at all without just cause. If a person is thrown into prison, or is put into confinement against his will, he has the right to a writ of habeas corpus. Every one should know something of this famous writ, for it is the greatest safeguard of personal liberty. Let us see what the writ of habeas corpus is and what it does for the citizen. Suppose you are thrown into prison unjustly, or that you are confined in some place against your will; how shall you get out? Somebody who is in- CIVIL KKlins 39 tercstcd in you, porhaps it will be a lawyer, will po at onoe to a jinlge of a eourt and ask that you be taken out of [irison inuiiediately and brouf!;ht before a judge in order that your case may be heard. Tlie judge is bound to grant this request; he is bound to have you brought be- fore liini at once. He at once issues a wTit of habeas cor- pus. This writ is an order to the sheriff, or whoever it is that is keeping you in confinement, to bring you before the court. When you are brought before the judge, if it is found that you are wrongfully confined, you are restored to your freedom. If the judge should find that there is good reason for beUcving you have committed a crime, he will send you back to jail to await a regular trial. Thus we see that the writ of habeas corpus gives quick relief to a person who has been unjusth' imprisoned. In times of war or great public danger, this writ may be suspended, and when it is suspended a citizen may be confined in prison for no cause whatever. The Right of Private Property.— A citizen has the right to hokl property in his own name, and the govern- ment must protect him in the enjoyment of this property. If any one attempts to deprive a man of something that he lawfully owns, the government will come to the aid of the owner and will punish the offender. If a mob burns down a house, or in some other way destroys property, the local government can sometimes be compelled to make good the loss to the owner. It is the duty of the government to protect property, as it is the duty of the government to protect life and liberty. 40 CITIZENSHIP Besides the right to enjoy in peace the property one owns, one has the right to acquire more property by labor or by trade or by the exercise of one's talents. This right of acquiring property is 'sometimes abused. In the pursuit of wealth a man has no moral right to disre- gard the just rights of others. Too often men think only of themselves and do not hesitate to take for themselves what in strict right belongs to some one else. But no truly good citizen will do this. A good citizen will follow the rule: Render unto others their due. We cannot all be rich, but we can all be honest and just. QUESTIONS AND EXERCISES 1. Read Green's "Short History of the Enghsh People," chapter III, and prepare a composition on " King John and the Great Charter." 2. What do the words habeas corpus mean? What does the constitu- tion of your State say about the writ of habeas corpus? 3. A farmer shot and seriously injured a boy who was in his tree stealing chestnuts. Ought the farmer to have been punished for this act? 4. What rights are declared in the Declaration of Independence? VIII. CITIZENSHIP: CIVIL RIGHTS (Continued) " Liberty is part of the precious heritage which our God brought down with him from heaven to the earth and left to us, his sons. Let no one therefore marvel that we should hold it beyond all price, dearer to us than our lives." — Cardinal Gibbons. The Right of Religious Freedom. — The American citi- zen is free to worsliip God according to the dictates of his own conscience. In many of the countries of the world the citizens are compelled to help in the support of some particular church known as the Established Church, but in the United States the government has nothing what- ever to do with religion. You can choose your own church and can give towards its support as much or as little as it suits you to give. You may believe and worship as you please without losing any of your rights as a citizen, although in a few States a person must believe in a God or he will not be allowed to hold certain offices. Perhaps there is no country in the world where the citizens enjoy greater freedom in religious matters than is enjoyed in America. The Right of Freedom of Speech.— As a citizen you are free to speak and write on any subject, but you must not abuse this right. If you slander a person, you take from him his good name, and that is much worse than it would be to take from him his coat or his watch. So our free- dom of speech will not permit us to slander our neighbor 41 42 CITIZENSHIP or talk about him in such a way as to lower his standing in the community. The government will defend a person's reputation as faithfully as it defends a person's property, and it will punish slander as quickly as it will punish theft. The Right of Freedom of the Press —Along with the right of free speaking goes the right of free printing. A citizen is free to print and publish his sentiments and thoughts on any subject, and no law will take this right away from him. But here again the privilege must not be abused. If a person publishes false and malicious state- ments about another he is guilty of an offense known as lihel, and the laws will punish libel as well as slander. Very often the newspapers in their criticisms of people go too far, and sometimes it seems that the freedom of the press is really a bad thing. But as a matter of fact our free press, in spite of its shortcomings, is one of our great- est blessings. If we should take away from the newspapers their freedom to print what they please, we should do great harm to all kinds of freedom. A free press means a free country. The Right of Assembly. — American citizens have the right to come together and discuss in public such ques- tions as they may care to discuss. At their meetings the people are free to express their Adews and declare their purposes fully and freely. Public meetings, however, must not be \dolent or disorderly, and they must not lead to violence or lawlessness. If a number of citizens should come together for the purpose of making plans to over- CIVIL RIGHTS 43 throw tlio f:;nv(M-niiH'Tit, the p()lic(> would iiitci-fcro and break uj) (ho nu'clin^. The Right of Petition. A citizen has the ri^lit to be heard on all (juestions concerning the pubUc welfare. If you think a certain law ought to be passed you have a right to ask the lawmaking body to pass it. If you think the government should follow a certain course of action you have a right to make known your wishes and desires to the officers of government. In making your petition, however, you must be quiet and peaceable and must do nothing disorderly and unlawful. The Right of Protection in the Home. — ^The American citizen is protected in the enjoyment of his home. No soldier in time of peace may be (juartered in any house without the consent of the owner, nor in time of war ex- eei)t in a lawful manner. Soldiers, in other words, are not allov.ed to enter a home and disregard its sacred privi- leges. Nor may officers of government disregard the sacred character of the home. People are secure in their homes against unreasonable searches, and no officer may enter a house for the purpose of searching it unless he has a warrant written out by the proper magistrate. And no magistrate is allowed to issue a warrant for searching a man's house unless there is good evidence to show that the house ought to be searched. There are times, it is tnie, when a man's house may be entered without a writ- ten warrant, as when a cry of murder is heard within, or when it is known that a criminal is concealecl within. 44 CITIZENSHIP but, generally speaking, a man's house is his castle and no person may enter that castle without a proper war- rant. The Right of Due Process of Law. — No citizen of the United States can be deprived of his life, his hberty, or his property without due process of law. What is meant by due process of law is not very easy to learn, for each of the States has its own law, and what is due process in one State may not be due process in another. Still if you will read carefully the fifth, sixth, and eighth amendments to the Constitution of the United States you can form a very good notion of the rights that come to you through the right of due process of law; for there are similar provisions also in the constitutions of the States. According to these amendments — (1) A person accused of crime must first be indicted by a grand jury and then be tried by a petit jury.^ (2) A person shall not be tried twice for the same of- fense. (3) A person shall not be compelled to be a witness against himself. (4) A person accused of a crime must be informed of the nature and cause of the accusation, must be brought face to face with his accusers, must have power to bring into court witnesses in his favor, and must have a lawyer to defend him. (5) Excessive baiP shall not be required, excessive ' The jury system is explained on pages 146-148; bail on page 145. CIVIL RIGHTS 45 fines shall not be imposed, cruel and unusual punishments shall not be inflicted. The Right to Equal Protection of the Laws.— The gov- ernment in its dealing with persons must treat all alike. It must not make fish of one and fowl of another. All persons, whether they be black or white, rich or poor, hum- ble or high, citizen or alien, are- equal in the eye of the law and must receive the equal protection of the laws. The Right of Protection on the High Seas and in For- eign Lands. — In whatever part of the world an American citizen may go, whether he is out on the ocean or in China or Persia or Denmark, his citizenship goes with him to protect and defend him. When you are in a foreign country 3'ou must abide by the laws of that country, but if the government of a foreign country should treat you unjustly the United States would stretch out its powerful arm to protect you. EXERCISES 1. Memorize: Good name in man and woman, dear my lord, Is the immediate jewel of their souls; Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed. — Shakespeare. 2. Read Green's "Short History of the Engli.'^h People," chapter VIII, and write a composition on "King Charles I and the Rights of the People." :i. Make out a list of the rights of citizenship mentioned in Les- sons VII anr of a cer- tain amount of property, but in our day a man may vote even though he owns no property at all. In a few States there is a small prtll tax that over\' male citizen of age must jiay. no matter how j)(j(jr he may l)e. If this poll tax is not ]\iid, the right to vote is withheld. If we except this i)oll tax, the right to vote is given to all without any expense. 48 CITIZENSHIP (5) Education.— In most of the States the right to vote is given to the ignorant as well as to the educated. A person may not be able to read or write his name, and yet may vote. Of course such a person seldom knows what he is doing; he cannot make an intelligent choice; he either votes blindly or he votes as some one tells him. Several States demand that a person shall be able to read and write before he is allowed to vote. Persons Who May Not Vote.— There are several classes of men who may not vote, although they are old enough and have lived in the State as long as is required by law : (1) Aliens. — We have learned what is meant by the word alien. When an alien has been naturalized, that is, when he has been made a citizen, he then has the right to vote. This is the general rule, although a State may, if it sees fit, allow an alien to vote, and it may refuse to allow a man who has been naturalized the right to vote: for it should be understood clearly that the State gives the right of voting to whom it pleases and withholds the right from whom it pleases. Several States give the suffrage to aliens who have declared their intention to become citizens. (2) Criminals. — A criminal, that is, a person who has been convicted of theft, or murder, or arson, or some other crime, is not allowed to vote. But if a man who was once imprisoned for crime, has been lawfully pardoned, the right of suffrage is restored to him with his freedom. (3) Idiots, lunatics, and imbeciles are not allowed to vote. WHO ARE VOTERS 49 (4) Paupers. — As a mk- pauptTS supported in an alms- house at tho expense of the public arc not allowed to vote. Registration. — In most of the States a person who wishes to vote must first have his name registered, that is, he must have it jiroperly enrolled in the list of voters. In every voting district there is a Board of Registrars, con- sisting of two or more persons, whose duty it is to make out a list of the names of all citizens in the district who have a right to vote. As a rule, one wishing to vote must ai)pear before the Registrars several weeks before election day and state his name, age, birthplace, and where he lives. If the Registrars find that he has all the qualifi- cations of a voter, his name will be enrolled upon the vot- ing list — he will be registered. QUESTIONS AND EXERCISES 1. Ojght it to be required of a voter that he o^^'n a certain amount of property? Ought it to be required of a voter that he be able to read and write? 2. Do you favor woman suffrage? If so, why? If not, why not? 3. For what reason is the right of voting withheld from paupers? 4. Do you feel that you could now vote intelligently? 5. State accurately the qualifications for voting in your State. (Ex- amine your State constitution.) 6. Is registration required in your State? In all voting districts, or only in cities of more than a certain population? (Examine the Elec- tion Law of your State.) 7. Discuss the words elector, resident, inhabitant, denizen, citizen. F. Civil Govt.— 4 X. CITIZENSHIP: ELECTIONS " The proudest now is but my peer, The highest not more high; To-day, of all the weary year, A king of men am I. To-day, alike are great and small. The nameless and the known; My palace is the people's hall, The ballot box my throne!" — Whittier. At the Polls.— On election day every qualified citizen should go to the polls and vote. The polls are simply a room where several election officers meet for the pur- pose of receiving and counting the ballots of the voters of an election district. When a voter enters the polls, he gives his name to the officers, who have the registra- tion list before them. When his name is found on the list, it is checked off, and a ballot is given to him. A ballot is a slip or sheet of paper. upon which are printed the names of the political parties and the names of their candidates for election. The voter takes his ballot and passes into a small booth where he cannot be seen by any one. In the booth he finds writing material and a shelf or desk on which he may write. After he has marked his ballot in a way that shows' how he wishes to vote, the voter folds his ballot so that the marks cannot be seen. He then returns to the place where the officers sit, and his ballot is put into a large box, which is usually made of glass. The foregoing is the method of voting followed in most 50 ELECTIONS ")! States. It is known as the "Australian System," because it wais first atloptcd in Australia'. In sonic States there is a separate ballot for the candidates of each party ; the voter is given a set of these ballots, and goes into the booth to make his clioice, or to write a new ballot. The Aus- tralian system is the best method of voting that has thus The Polls far been tried, except perhaps the voting machine, which likewise provides for a secret vote. Voting machines are coming into use in some States. A long time ago men u.^ed to vote by calling out in a loud voice the name of their favorite candidate. But this method often led to quarrels and fights, and it had to be abandoned. The open ballot was then tried. By this method the voter cast his ballot before the judges 52 CITIZENSHIP and bystanders in such an open way that any one who desired could see how he had voted. This led to bribery. A sum of money would be given the voter for voting in a certain way, and the man who gave him the money would follow him up to the polls, and watch him to see that he voted the way he was paid to vote. The open ballot also led to intimidation. The voter was frequently afraid to vote the way he woul,d hke to, lest he might offend an employer or some one else whom be could ill afford to offend. For such reasons as these voting by open ballot be- came unpopular, and the Australian or secret ballot system was adopted. This system has its disadvantages. It does not encourage men to come out openly and fearlessl}^ and announce their convictions. Under the secret ballot law a man by guarding his tongue and not letting any one know how he votes, may deprive the community of the influence of his example. It would be better if we could « always know how good citizens vote. The great point in favor of the secret ballot is that it helps to do away with bribery. Under the Australian system it is of little use to give the voter money to vote a certain ticket, for there is no way to follow him up and see if he votes as he promises. If the secret ballot does prevent bribery, then every State ought to have it, for bribery is one of the woi'st evils in politics. A man who gives a bribe to his fellow-citizen, not only debases that citizen, but he debauches society. A bribe giver is a public enemy. "WTiat shall we say of a bribe taker? Is he better or worse than a bribe giver? ELECTIONS 53 Counting the Vote; Majority, Plurality. -Tnirnodiatoly aftci- the polls arc closed tiic counting of tlic votes be- gins. The countinfi; is done openly in tlic pn^senco of a nuniher oi" people. The candidate for each ofhce who has the largest nuinhcr of votes is declared elected. Some- times a majority of the votes is required to elect. By a majority is meant more than half of all the votes cast. It often hapiK>ns, when there are three or more candidates for the same office, that no one has a majority of all the votes. In such cases if a majority is necessary for election there must be a second election. I^ut in most of the States the one who has the highest number of votes is the suc- cessful candidate, even if that number is less than half. I''.lection by the highest number of votes is called election by plurnlity. The Right of Holding Office.— Besides the right of choo.^ing officers to conduct government, it is the right of the American citizen to hold office. The business of government requires the service of a very largo number of people. In the towns or counties there must be road commissioners, school trustees, tax collectors, constables. In a city there must be a Mayor and councilmen and a very long list of officials. In the State there nmst be a Clovernor, several secretaries, and the Legislature with its senators and its representatives or delegates. In the Na- tion there is the President with his cabinet and thousands of assistants. It would take many |)ages merely to name the different offices of the different governments. It is the boast of the American citizen that, no matter what his 64 CITIZENSHIP rank may be, he has the right to hold any of these ofhces. Any boy born in the United States may hope to become President. It is true that only four or five of the millions of young Americans now living can ever be President, yet it is also true that those boys who will be our future Presi- dents may come from the lower walks of life. We have had several Presidents who did manual labor in early life. One of them was a tailor who did not learn to write until after he was married. QUESTIONS AND EXERCISES 1. Smith, Jones, and Brown are candidates for an office. Smith re- ceives 5000 votes, Jones 4000 votes, and Brown 3000 votes. Does Smith have a majority or a pluraUty of votes? What is the smallest number of votes that would elect in this case if a majority were required? What does the word minority mean? 2. Discuss the evil effects of bribery. 3. Should the office seek the man, or the man the office? 4. Do you know any candidates for office? Are they men well qualified for the positions they are seeking? 5. " A weapon that comes down as still As snowflakes fall upon the sod But executes a freeman's will As lightning does the will of God." What is the "weapon"? Memorize the quotation. 6. Bound the election district or precinct in which you live. 7. Secure, if you can, a ballot used at an election, and mark it as you would if you were going to vote. 8. Discuss methods of preventing bribery. Would you vote for a man who would give bribes? 9. In what ways are men sometimes bribed without giving them money? 10. Ought candidates for pubHc office to give an account of their election expenses? XI. CITIZENSIIir: DLTIES OF CITIZENS " Do what conscience says is right, Do what reason says is best, Do witli all your mind and might, Do your duty and be blest." A Few Words about Duty. — For several lessons we have been tliscussing the rights of citizens; in this lesson we shall speak of a few of the duties of citizens. We are all inclined to think too much of our rights and too little of our duties. We should never forget that for every right we enjoy there is a corresponding duty. A right has been called the reward of a duty fulfilled, and this is the way to regard duty. After we have done our duty, then we may claim our rights; after we have fulfilled the duties of citizenship, we may in good conscience claim our rights as citizens. Government cannot give to us more than we give to it. If we arc careless or selfish in respect to our duties to our government, we may be sure that it will not have so many blessings for us as it would have if we were watchful and faithful in our duty. Let us now learn what duty refjuircs of all good citizens. Obedience to the Law.— The first duty of a citizen is to obey the laws of his country. Without obedience to law there can be no such thing as good government. Alike in the home, in the school, and in the State, the violation of law is attended with some kinntatives. If our city has a population of 50,000 and we want a City Council of twenty-five members, we may divide tiie city into twenty-five districts (wards), draw- ing the boundary lines so that each ward shall have as nearly as possible 2,000 inhabitants and to each ward give one representative. In the State Legislatures, the counties are represented according to their population; as a rule a county of 40,000 inhabitants will have twice as many representatives as a county of 20,000. In the great House of Representatives at Washington the rule of representation according to population is carried out witli the greatest exactness. A member of the House at I)resent represents about 200,000 i)eo[)le. Why has the rule "so many people, so many repre- sentatives'' been adopted? Because it is consistent with the spirit of true democracy. In America, government is for men as men, and not for this or that interest or class. And this is right. The principal thing in a country is not its wealth, or its extent of territory, or its mines, or its fields, or its factories, but its men. ''What constitutes a state? Not high-rais'd battlement or labour'd mound, Thick wall or moated gate; Not cities proud with spires and turrets crowned; 72 THE POWERS OF GOVERNMENT Not bays and broad armed ports, Where laughing at the storm rich navies ride; Not starred and spangled courts, Where low-browed baseness wafts perfume to pride. No. MEN, high-minded MEN, Men who their duties know. But know their rights and knowing dare maintain. Prevent the long-aimed blow And crush the tyrant while they rend the chain — These constitute a state." QUESTIONS AND EXERCISES 1. Define constituent. 2. Name the republics (representative democracies) of the world. 3. Elect one of your classmates to represent your class in a spelling contest. One to represent the class in a debate. 4. Should the representative always vote to please his constituents? Suppose the voters change their opinions after an election, should the representative also change his opinions? Suppose the opinions of the representative should change after an election, should he resign his office or should he vote against the wishes of his constituents, or what should he do? Suppose the voters after an election should instruct their representative as to a course of action, should the representative obey the instruction? 5. The Recall. In some cities the voters have the power to de- prive a representative of his office before his term has expired if he does not discharge his duties in the way the voters think he ought to discharge them. This power is called the "recall." What do you think of the "recall" as a political contrivance? XIV. THE rOWERS OF GOVERNMENT: CHECKS AND 15ALANCES "A separation of departments, so far as practicable, and the preser- vation of clear lines of division between them, is the fundamental idea of all our constitutions, and doubtless the continuance of regulated liberty depends on maintaining these boundaries." — Daniel Webster. Introduction. — You have learned that all the power of government comes from the people and that the people give their power to their chosen representatives. You ought next to learn how the mighty power of the Ameri- can government is regulated. In almost any ordinary machine there are devices for regulating and checking power. The steam engine has its governor, the car has its brakes, the clock its escapement, the watch its balance wheel, the elevator its safety appliance. Likewise in our political machinery, there is a really wonderful series of devices for regidating, balancing, and checking power, and you must understand the workings of these checks and balances. The Three Departments of Government. — Let us be- gin tills great subject of checks and balances by observ- ing the manner in which the power of government is separate*! or broken up into parts. We do not elect one niler and bestow upon him all the power we have to give. To do that might be to build a despotism Dvcr our heads, for the ruler who has the whole power of the government 73 74 THE POWERS OF GOVERNMENT in his hands could be a tyrant if he wanted to be. He could make a rule for the people to obey, could decide who obeyed it and who did not, and could punish the disobedient as he thought fit. In the exercise of his power he would have nothing to regulate him, nothing to check him. If he followed reason and justice all would be well, but he might follow passion or prejudice or caprice and then all would not be well. The American people take no chances in this matter. They refuse to give all their power to one man or to one body of men. Following the example of our English ancestors, we bestow power upon three different sets of officers, giving to each set authority of a particular kind. In this way we separate the power of government and cause it to flow in three streams. These three streams of power give us three depart- ments of government: the legislative, the executive, and the judicial departments. The legislative department (the Legislature) has the power to make the laws, the executive department (the President, or Governor, or Mayor) has the power to enforce the law or carry it into effect, and the judicial department (the courts) has the power to try offenders against the law and to settle disputes arising un- der it. You may liken these three departments to thi-ee great departments of your own being, your judgment, your will, and your conscience. Your judgment plans for you a course to follow; the legislature when making the law plans a course for the people to follow. Your will executes the plans mapped out by your judgment; the executive CHECKS AND HALANCES 75 (It'i)artnicnt carries out tlio plans oiiactod by tlio legisla- ture. Your conscience prevents you from doing wrong, that is, from working injustice upon others; the courts see to it that there is no injustice between man and man. So the legislature is the judgment of the State, the execu- tive department is its will, and the courts are its conscience. In the legislative department we must look for Wisdom, in the executive department for Power, and in the judicial department for Justice. The legislature, let us say, is a nation's Head, the executive department is its Hand, and the courts are its Heart. The three departments are found in nearly all our political di\asions, whether low or high, small or great. In your to^\Ti or city you have councilmen or aldermen to make your local laws (ordinances), a Mayor or chief burgess to carry out these laws, and magistrates or police justices to try the smaller cases. In your State there is the State Legislature, the State executive department, consisting of the Governor and other executive officers, and the State courts. For the entire country we have Congress (which is the legislature of the nation), the Presi- dent and his cabinet, and a system of national courts, including the Supreme Court. So in small things as well as great, government in .\merica is conducted on the three-ilepartment plan. The Lower and the Upper House.— Besides the sepa- ration of power just pointed out, there is in the legislative department an imj)ortant check upon the use of power. We do not as a rule give the lawmaking power outright 76 THE POWERS OF GOVERNMENT to one body of men, but to two bodies, and we require that before a measure (a bill) becomes a law it shall pass in both bodies. Neither body can make a law without the consent of the other. The two divisions of the Legislature are generally spoken of as the lower and the upper house. The lower house is usually kno\vn as the House of Representatives. The upper house is always known as the Senate. The lower house usually has a membership three or four times as large as that of the Senate. This means that a Senator usually represents three or four times as many people as are represented by a member of the lower house, for in nearly all our legislatures representation in both branches follows pretty closely the rule, ''so many people, so many representatives." The Senate of the United States, how- ever, is an exception to this rule, as will be explained hereafter. Why is it necessary to have two houses to pass a law? Why cannot we elect a single body and give to it the whole lawmaking power? If there were but one house, a bad bill might be rushed through in a moment of excite- ment or passion and the law might do much mischief; but if a bill must pass through two houses before it be- comes a law there is a chance for the lawmakers of the second house to take a sober second thought and block the passage of the bill if it is bad. The Veto Power. — Another check to be noticed here is the veto power. In nearly all cases the executive can check the legislative power by vetoing its laws, that is, CllLCKS AND I^AI,A\ri-:S 77 l)y forbidding their passage. The Mayor of a city can generally veto an ordinance of the Council, the Governor of a State (in all States except Rhode Island and North Carolina) can veto a law of the Legislature, the President of the Unitetl States can veto a law of Congi-ess. But the veto power is not complete, absolute, and final. When one branch of the Legislature votes down a bill passed by the other branch, that is the end of the matter, for the bill is killetl, but when the Governor or the President vetoes a bill the Legislature or the Congress can vote on it again and if it can be passed a second time by a two- thirds or three-fifths majority of both houses it becomes a law in spite of the veto. So the veto power is only partial and may be only a temporary check. The Independence of the Departments. — Li the exer- cise of its own proper powers one department is entirely indepen local government that touches the lives of the greatest number of people is the county. I\!very State and Territory is divided into counties, and as a rule every town, township, village, and city is located in some county.* Almost everybody, therefore, lives in a county and is interested in county government. County Government Not Everywhere the Same. — The services rentleretl by the county government differ as we pass from State to State. In the southern States and in many of the western States the county — outside of towns and cities — performs most of the local services mentioned in the last lesson. In the Middle Atlantic States and in the States of tlic great IMiddh^ West there are within the county a number of smaller local gov- ernments known as townships (Lesson XVIII), which do a part of the work of local government, and leave a fair portion of that work for the county to do. In New Eng- land ther(> are within tlir county a number of local gov- ernments known as towns (Lesson X\'II), which perform * The county in Loui.sinna i.^; known a.s the parish. Baltimore, St. Louis, Washington, D. C, and many cities in Vir- ginia are not located in counties. The city of New York includes all the territory of four counties. 85 86 LOCAL GOVERNMENT nearly all the services of local government and leave the county very little to do. Since the county in different parts of the country has different work to perform we must not expect counties everywhere to have the same officers, nor can we expect to find county officers of the same name everywhere performing precisely the same duties. Still, in many im- A County Courthouse and Jail portant matters county government is everywhere the same. The County Seat. — Every county has a county seat where the courts are held and where the business of the county is transacted. The county seat may very prop- erly be called the capital of the county. It is the political center of the county, very often the geographical center, and in many cases the commercial center. Here are located the courthouse, the jail, and other county build- Till'; COUNTY 87 ings. Somotinios a county lias two county scats, hut this occurs very seldom indcctl. The County Commissioners or Supervisors. — Most of th(^ public business of the county is done by a Board of County Connnissioners'— called in some States Super- visors.- This board consists of three or more members wiio h(,)l(l their office for a term that varies, in difTerent States, from one to six years. In most of the States the County Commissioners (Supervisors), like most of the other county odiccrs, are elected by the people. The power and duties of the County Commissioners vary as we pass from State to State, but as a rule the Commis- sioners do at least the following things: (1) They fix the rate of taxation for the county. (2) They appropriate money for the payment of the salaries of county officers and to meet the other expenses of county government. (3) They make a contract for repairing old roads and opening new ones, and for building and repairing bridges. (4) Th(>y make contracts for building and repairing public buildings, such as courthouses, jails, and alms- houses. (5) They appoint subordinate county officials. ' This board is called in some of the States the county rnurt; in sev- eral States it is railed the levy court because it ia the body that levies (raises) the taxes. In Rhode Island there arc no County Commissioners. - In some States the supervisors of all the dilTercnt townships of a county act as a Ixiard of County Commissioners or Supervisr)rs. This is true of New York, New Jersey, Michigan, and Wisconsin, and of many counties of Illinois. 88 LOCAL GOVERNMENT (6) They represent the county in the courts when it is sued for damages. The Court Officials of the County. — The county is everywhere a district for the administration of justice, and at every county seat one or more judges sit for the trial of cases. These judges generally are not themselves county officers but are State officers; yet in conducting the business of the court in each county they receive the assistance of several county officers. The principal county officers who assist the judges in their duties are the fol- lowing : (1) The Sheriff has been called the ''arm of the judge" because he carries out the orders of the judge. If the judge orders a man to be taken to prison, the sheriff takes him; if he orders property to be sold, the sheriff sells it; if he sentences a man to be hanged, the sheriff hangs him. It is the duty also of the sheriff to preserve peace and order. If there is a riot, the sheriff quells it. When necessary, the sheriff may call to his aid deputies or helpers. In times of great danger or disturbance, the sheriff may call to his aid the posse comitatus, that is, every able-bodied man in the county. The sheriff lives at the county seat and has charge of the county jail and its prisoners. (2) The Prosecuting Attorney— caWed in some States the State's Attorney, in others the District Attorney, in others the County Attorney, and in still others the Solicitor- appears in the county court at the trial of a criminal and presents the case against him. If the evidence goes to show THE COUNTY 89 that tho accused is guilty it is the business of the prosecu- ting attorney to do all in his power to secure the conviction of the offender. A faitiiful prosecuting attorney is a terror to criminals. (3) The Coroner. — When a i)erson is murdered or is found dead or di(>s mysteriously the coroner (usually a physician) takes charge of the body of the dead person and iiKjuires into the cause of the death. If he thinks that there has been foul play, he will summon six or twelve men to act as a coroner's jury, and an examina- tion will be made. Witnesses will be summoned, and the jury, after hearing evidence, will state in writing what they think was the cause of the death. This examination is called the "coroner's inquest.'' (4) The Clerk oj (he County Court. — Any court above a police court, or above that of a justice of the peace, is a "court of record"; that is, its proceedings are enrolled in permanent form. The county court is a court of record, and the man who keeps its records is called the Clerk of the Court. This officer is a kind of secretary to the judge. He writes out an account of trials and keeps a record of the judgments of thr court. Resides this, in some States, he keeps a record of dccils and mortgages affecting any land in the county, issues marriage certificates, and records all births and deaths. This officer in some States is called the Prothonotary. Other County Officials. — The county officers thus far mentioned arc found in almost every State. In addi- tion to these there arc several other countv officials 90 LOCAL GOVERNMENT that are found in many or most States. Among these are: (5) The County Treasurer, who receives and pays out the money raised by taxation. (6) The County Auditor, who examines the books of the treasurer and of the other officers and reports whether the public accounts are kept properly and honestly. (7) County Assessors, who estimate the value of the prop- erty of each taxpayer in the county; and County Tax Col- lectors, who collect the taxes and turn them over to the treasurer.^ (8) The Register or Recorder of Deeds.— In all the States, when real estate is sold or is in any manner transferred from one person to another, a public record of the trans- fer is necessary to protect the rights of the new claimant. In about half the States the keeping of this record is intrusted to a special county officer known as the Register, or Recorder of Deeds. (9) The Probate Court. — In most of the States there are county officers known as Judges of the Probate Court .^ It is the business of these officers to examine the wills of deceased persons and decide whether they have been made as ^^dlls by law ought to be made. When a person dies without having made a will and leaves no one to ' A detailed treatment of the usual methods of taxation is post- poned to the end of the book (pages 212-221). 2 In Pennsylvania, Delaware, and Marj-land they are called Judges of the Orphans' Court; in Georgia the probate judge has the title of Ordi- nary. In New York and New Jersey the probate judges are called Sur- rogates. THE COUNTY 91 tako charge of his ostato, the probate court will appoint an Administrator to take charge of it. When a child is left without father or mother, the probate court will appoint a guardian who will manage the estate until the child comes of age. In general, the business of the i)r()- bate court is to see that the property of the dead falls into rightful hands. (10) The Superintendent of Schools. — In nearly all the States there is a county oflicer whose duty is to look after the interests of the public schools of the county. This officer usually sets the examinations for teachers, visits the schools, makes out courses of study, holds teachers' institutes, and improves the schools in every way he can. (11) The School Board. — In a few States a county School Boanl has the general management of the schools of the county. QUESTIONS AND EXERCISES 1. Bound accurately the county in which you live. When was it organized? What is its area? Its population? Its county scat? How came it by its name? What arc its larpest villapcs? Is there a city situated in it? How many counties are there in this State? 2. If in your State there are county officers not named in the lesson, name these officers and describe the duties of each. 3. Explain the difTerence between the words "elected" and "ap- pointed." 4. What qualifications should a sherifT possess? A register of deeds? A State's attorney? A county treasurer? A superintendent of schools? As far as you know, are the officers of your county chosen on account of their fitness for office? 5. Are you proud of your county? If so, for what reasons? 92 LOCAL GOVERNMENT 6. Draw a map of your county, locating its county seat, and its chief towns and villages. 7. Make out a table showing the titles of your county officers, their names, the length of their terms of office and whether they are ap- pointed or elected. Title Name Length of term Appointed or elected Salary Sheriff J. G. Smith 2 years elected $1500 XVII. TOWN GOVERNMENT 'The tov\Ti governments of New England proved themselves the wisest invention ever devised by the wit of man for the perfect exercise of self-government and for its preserv-ation." — Thomas Jefferson. Early Town Government in New England.— In Now England, after you pass from the governments of the home and of the school, the government that you meet first, if you do not live in a city or village, is that of the town. A tovN-n, or tun (toon), in the earliest times was a cluster of farmers' dwellings, barns, and cattle sheds, such a? ma> be seen to-day in many parts of Germany. Around the tun was either a wall of earth or a dense hedge, and outside, encircling the mound or hedge, was a ditch. The tun was thus fortified against its foes. In the center of the inclosure, usually under a large tree, was held the tun moot, or meeting of all the freemen of the tun. At this moot newcomers were admitted to dwell within the tun, lands were granted to freemen, "strife of farmer and farmer was settled," laws for the government of the tun were passed, and officers to execute those laws were elected. Two thousand years ago our forefathers governed them- selves in the tun moot in the wilds of Germany; when they settled in England fifteen hundred years ago they carried the tun moot with them; and when, nearly three hundred years ago, the Pilgrims landed at Plymouth, they at once 93 94 LOCAL GOVERNMENT came together in tun moot, or town meeting, for the pur- pose of transacting public affairs. The EngHshmen who first settled in New England were a very religious people. One of the first things they did in a new settlement was to build a church in some place convenient for all to attend. This church was called a A Town Meeting in Early New England meetinghouse, and this was a good name for it, for it was a common meeting place for all in the settlement. The congregation that met in it on the Sabbath as worshipers would meet in it on a week day as citizens and transact public affairs. Thus local government in New England centered around a church. A congregation of churchgoers was organized as a government, and this government was called a town. When a town became so large in extent TOWN GOVERNMl.NT 95 that it was inconvrniont for nil to attend ono church, a now churdi was built anil a new town was organized. You rarely fintl a town in New England so large that a person cannot with convenience attend a church situated in its center. Every male citizen above twenty-one years of age who attended the church — and everybody was required to go to church — had the right to go to the meeting- house and take part in the town meetings. Voters are no longer required to attend church, but in other respects the town governments of New England to-day are almost exactly like those of the early years of our history. The Town Meeting. — The most important feature of the town government is the toicn meeting. Once a year all the qualified voters of the town hold a meeting to dis- cusd measures relating to town affairs, and to take action thereon. The meeting is no longer held in a church, but in the toxcnhouse, or (oumhall. When the people have assembled, the town clerk calls them to order, and states the purposes for which the meeting was called. A jnod- erator is then chosen to preside over the meeting, and business proceeds according to parliamentary rules. In a town meeting we see pure democracy at work. Instead of sending men to conduct affairs for them, as in a repre- sentative government, the peoj)le are there in i)erson. Young and old, rich and poor, take part in the proceed- ings, and any citizen present may exert the full force of his character anfl influence. Every measure that is brought up is freely discus.sed and criticised. Those in favor of the measure state their argument for it; those 96 LOCAL GOVERNMENT opposed to it state their objections. When the discussion is at an end a vote is taken, and whatever the result may be, all present feel that the will of the people has been expressed. All matters relating to the public affairs of the town are settled. The most important things done are these: (1) The rate of taxation is fixed. Money is appropri- ated for the schools, for the care of the roads, for the support of the poor, for the salaries of officers, and for other necessary expenses. (2) By-laws are passed for the regulation of local mat- ters. The word hy originally meant town; hence a by-law is a town law. A law passed in town meeting regulating the speed of automobiles is an example of a by-law. (3) Town officers are elected. Town Officers. — ^The principal to\\Ti officers are as fol- lows: (1) The Selectmen. — The general management of town affairs during the year is placed in the hands of three, or five, or seven, or nine citizens, called Selectmen. These officers carry into effect the measures passed at the town meeting. They supervise the laying out of roads; they grant licenses; they care for the poor; they take measures to abate nuisances, check the advance of diseases, and otherwise preserve the health of the town; they listen to complaints against the management of town affairs; they represent the town in court when it is sued ; they make out the warrant when a special town meeting is to be called. TOWN CiOViaiNMENT 97 (2) The Town Clerk calls the town nieoting to orIct and keeps a record of the i)roceedings. In addition to this he keeps a record of the births, marriages, and deaths in the town, and grants certificates to those wishing to nuirrv. In fact, most matters of town record are in his keeping. (3) Assessors estimate the value of property liable to taxation. (4) Tax Collectors collect the tax. (5) Tfie Town Treasurer receives and pays out the money which the town raises by taxation. (6) The Overseers of the Poor have charge of the town almshouse, and they give relief to the deserving poor. (7) The Constables are peace officers, and every town has one or more of them. They arrest for crime, and assist the selectmen in executing the law. (8) The Surveyors of Highways inspect roads and bridges, and are responsible for keeping them in repair. (9) Fence Viewers settle disputes that may arise be- tween neighbors about partition fences or walls. (10) Field Drivers.— When cows, or horses, or other animals are found wandering about the town the field driver puts them into a pound, and keeps them until their rightful f)wner is found. This list of officers is not complete, yet it is long enough to show that a great many people take part in the govern- ment of a town. It is quite possible that there arc towns in wliich there is hardly one intelligent citizen who does not sometime in his life hold pubfic ofiice. This general F. Civil Govt.— 7 98 LOCAL GOVERNMENT participation in the business of government does much to make the people of New England a most wide-awake and progressive body of citizens. QUESTIONS AND EXERCISES (For Pupils in Towns.) 1. What kind of men make good selectmen? What should be the qualifications of a good town clerk? 2. What are the boundaries of the town in which you Hve? When was your town organized? Is there a church near its center? 3. Make out a list of the names of all who now hold town offices. 4. Should boys and girls be allowed to take part in town meetings? Are they represented there? 5. In what things should a town try to excel? In what does your town excel? 6. How much money is raised by taxation in your town? What is the tax rate? Is this higher or lower than the rate in neighboring towns? XMTT. THE TOWNSHIP "The western method of local government [the county-township system] for simpUcity, sjTnmetry, flexibility, and administrativ« effi- ciency is superior to any other system which the Teuton mind kas yet produced." — G. E. Howard. The Nature of Township Government.— In the Mid- dle Atlantic States and in those western States that have been settled largely by emigrants from the Middle States, such as Ohio, Intliana, Illinois, the government that comes closest to the door of the citizen is that of the township. A township is a small portion of a county in which the I^eople exercise some of those powers of government which are exercised by the town of New England and by the county in the southern States. Township government, therefore, lies halfway between town government and county government. In New England the people of a town (by which we mean the people of a small neighbor- hood) have nearly all the powers of local government in their hands, and very little is left for the county to do. In a southern county the people of a small community exercise hardly any of the powers of government; every- thing is done by the county. Now in ;i township a few of the powers of local government are taken from the county and given to the people of a small neighborhood. The things done by the township government are usually three: it supports ])uhlic schools, it cares for the mads, 09 100 . LOCAL GOVERNMENT and it helps the 'poor. It also, in many States, levies and collects taxes with which to pay for these things. Township Meetings and Township Elections. — In New York, New Jersey, Michigan, Illinois, Wisconsin, Minne- sota, Nebraska, and the Dakotas the township resembles somewhat the New England town. In these States the voters come together once a year — usually in the spring — in township meeting and vote on township matters. At these meetings little is done except to elect the township officers. In some of the above-named States, however, after the officers have been elected the voters fix the tax rate and do some other things that in New England are done at the tow^n meeting. In other words, in the above- named States the township resembles a pure democracy. In the other States in which there are township gov- ernments, that is to say, in Pennsylvania, Ohio, Indiana, Iowa, Kansas, Missouri, and Oklahoma, there are no township meetings but only township elections. In these States the township is a representative government: the voters simply elect the officers and these govern the toTvu- ship. Officers of the Township. — ^Township officers are not precisely the same in any two States, yet in most of the States where the township appears there is a set of officers whose titles and duties are somewhat as follows: (1) The Supervisor oi' Supervisors (sometimes called Trustees) take care of the roads and bridges, erect and keep in repair guideposts and watering troughs, and plant shade trees along the roadside. They may build and keep in re- Tiir: TOWNSHIP loi pair a lownhousc, in which elections may be held and ofiiccrs of the town may transact the public business. (2) TJic School Directors; hiixo control of the public schools within the township. Their powers and duties have been stated in a previous lesson (p. 25). In some States the directors of all the townships in a county meet every second or third year and elect a Superintendent of Schools for the county. (3) The Township Clerk is a secretary for the super- visors or trustees. He keeps the records and accounts of the township. (4) The Assessors. — The chief duty of the township as- sessors is like that of town or county assessoi"s. Sometimes the assessors act also as registrars of voters (p. 49). Some- time.-; they keep a record of all births and deaths for the to^^•Ilship. (5) The Tax Collector collects the taxes in the townsliip. (6) The A uditors examine the accounts of other officers of the township to see that all money has been expended properly and honestly. (7) The Justice of the Peace ^ holds court on a small scale; he acts as a peacemaker between his neighbors in their petty disputes; he administers oaths; he per- forms the marriage ceremony. (8) The Constable acts as the peace officer of the town- ship, and is the "arm of the justice of the peace," much as the sheriff is the "arm of the judge" (p. 88). (9) The Overseers of the Poor attend to the needs of the ' More is said about the Justice of the Peace on pages 144, 145. 102 LOCAL GOVERNMENT poor. When there is no poorhouse in the county, the township supports the poor by sending them provisions to their homes or paying some one to provide for them. In some States overseers may lay a tax for the support of the poor of the township. QUESTIONS AND EXERCISES (For Pupils in Townships.) 1. How many townships in the county in which you live? Name them. 2. Bound the towTiship in which you Uve. What is its population? Draw a map of it, locating the towTihouse. Locate any vallages that it may contain. 3. ^Yhat is the rate of taxation ill j'our township? How does this compare with the rate of adjoining townships? 4. Are the officers of your township elected by ballot, or by the people assembled in town meeting? 5. Do the supervisors (or trustees) of your to'ttTiship serve as mem- bers of a county board of supervisors? 6. Make out a table showing the titles of your township officers, their names, the length of their terms of office, whether they are ap- pointed or elected, and the salary or compensation. Title Name Length of term Appointed or elected Salary or compensation XIX. MUNICIPAL GOVERNMENT "I bless God for cities. Cities have been as lamps of life along the patliway of humanity and rclipion. Within them science has given birth to her noblest (li.scoveries. Behind their walls freedom has fought her noblest battles." — Colton. Why Municipal Government is Necessary. — The local govornments thus far studied, the County, the Town, the Township, arc best fitted to perform the local services of farming districts and thinly settled communities. These may, therefore, be call('(l the rural governments.^ For thickly scttle:ik of all (he things (K)ni; by a City Council; a few of the things doni; by it, however, may be montioned. When you are born, the City Council reciuires that your name b(^ registered in the book of births; when you are old enough to go to school, it provides for you schools and teachers and, sometimes, books; if your parents are too poor to support you, it will h(dp j'ou with food and cloth- ing; when you go out from your hom(>, you walk upon streets paved and cleaned and lighted by the Council; if you should be attacked, its policemen will arrest your assailant; if you wish to engage in some business, it will probably demand of you a license; if you wish to build a home, you must first get from it permission to build ; if your house takes fire, its firemen come rushing to put the fire out. The Council provides for the removal of garbage from your yard; it employs men to inspect the (juality of your food and drink; it provides parks and open squares where you may get a breath of fi-esh air and a glimpse of nature; it causes to Ik^ brought into your house a supply of fresh water, and it provides sewers to carry W'aste water away from your house; if in your old age you shall be infirm and j)oor, the Council will care for you in its asylums; at last, when you shall die, it will grant a permit for your burial, and the fact of y(»ur death will have to be registered in its book of deaths. Thus from birth to death th(> acts of the City Council affect the lives of the people in the city. How important, then, it is that that body should be composed of honest 112 LOCAL GOVERNMENT and intelligent men! How tireless should be the efforts of voters to secure the election of such men! Remember this : If you succeed in getting honorable, wide-awake men in your City Council, you will have a well-governed city. As far as you know, have you such men now in your City Council? The Mayor; Municipal Executive Department. — At the head of the municipal executive department stands the Mayor. This officer is nearly always elected directly by the people, although in a very few cases he is chosen by the City Council. His term of office varies from one to four years. The chief duty of the Mayor is to carry into effect the ordinances of the Council. In most cities the ]\layor can veto an ordinance of the Council. When an ordinance is vetoed it is generall}' sent back to the Council, where it is voted upon again and if it is passed again by a two-thirds (or three-fifths) vote, it is a lawful ordinance, notwithstanding the Mayor's objection. The work a city government has to do is very great, and it takes a small army of men to perform it. The mu- nicipal business is done by departments. At the head of each department there is an executive officer or a board. The heads of these departments (or boards) are usually either appointed by the Mayor or elected by the people. When they are appointed by the Mayor they sometimes must be approved by the City Council. The municipal executive departments are few or many according as the city is small or large, and according as the municipal work is light or heavy. In many good-sized MrxiriPAL (i(n'i:uNMENT m wide-awake cities you will iiiicl the following departments, officers, and boards: (1) ^1 Deparlment of Finance with a comptroller, or auditor, and assessors and collectors of taxes. (2) A Department of Law with a city solicitor, or corpo- ration counsel, who acts as the city's lawyer. (3) A Department of Public Safety with fire commis- sioners, health commissioners, inspectors of buildings, in- spectors of boilers, inspectors of plumbing. (4) A Deparlment of Parks and Squares with a board of park conmiissioners. (5) ^1 Department of Education with a board of school commissioners. (6) A Department of Charities with a board of overseers of the poor. (7) .1 Department of Police with a board of police com- missioners. (8) A Department of Ilightvays with a street commis- sioner, a city engineer, and a superintendent of lamps and lighting. Many cities do not have all the above departments and officers, but many large cities have them all and many more besides. Serving in these departments are assistants and employees, who in many cities arc numbered by thousands and in a few by tens of thousands. Services of City Government. — In the paragraph on the City Council mention was made of many of the usual and more important .ser\'ices of city government. Hut should the city attempt to do more than it usually ilocs? F. Civil Govt.— 8 114 LOCAL GOVERNMENT It supplies the people with water; should it supply them with gas also? Should it own and operate the electric cars? It provides children with an education; should it provide them with a midday lunch also? Should it furnish the music for the parks? Should it own and operate the tele- phone? Should it lay pipes and supply heat to families? These are a few of the questions you will be called upon to answer when you become voters. You may not be able to answer them intelligently now; but if you will begin to study them now, when the time comes for you to vote and act, you will not vote and act like blind men. Surely if you live in a city the subject of municipal government deserves all the attention you can give it. Sooner or later you will discover that much of the happi- ness of your life depends upon the way the affairs of your city are managed. A well-governed city is one of the best places in the world for one to live in, while a badly governed city is one of the worst places. If when you are grown you will try to make the government of your city better, your efforts may be richly rewarded, for you may be the cause of making the lives of thousands of people happier. QUESTIONS AND SUGGESTIONS (For Pupils who live in Cities.) 1. In what county is the city in which you live situated? When was it organized? What are its bovmdaries? What is its population? What are its industries? Can a city be situated in a town? 2. How many wards in your city? In which ward do you live? Bound the ward in which you hve. How many councilmen or alder- MUNICIPAL GOVERNMKNT llo men (loos each ward in your city pcml to tin- City ( nuiuil? W hat are the quahfications of a good councihnan? Name the councihncn who represent your ward. 3. Let a pupil obtain a copy of the report of the police department and describe its work. The report will show how many policemen arc employed, what are their salaries, the number of arrests made, the causes for which the arrests were made, and other interesting facts. Reports of other departments may be similarly studictl. 4. How does the rate of taxation in your city compare with that of other cities of equal size? 5. What is the amount of the debt of your city? 6. Does your city own its gas and electric light plants? 7. Has your city the reputation of being well governed? 8. "What are the qualifications of a good Mayor? 9. How may young people help the cause of good city government? XXI. THE STATE "States make up the mass, the body, the organic stuff of the govern- ment of the country. To them is intrusted our daily welfare." — Woodrow Wilson. The Thirteen Colonies. — While studying the govern- ment of the city and town and county mention was made now and then of a larger government that is above the local governments and that holds them together and gives them their power. This larger government is the State, and it is the State that w^e are now going to study. We may best begin the study of the State by glancing at the history of State government in the United States. At the outbreak of the Revolutionary War, three mil- lion English-speaking people lived along the coast of the Atlantic in thirteen distinct and separate colonies, — Massachusetts, New Hampshire, Rhode Island, Con- necticut, New York, New Jersey, Pennsylvania, Delaware, ]\Iaryland, Virginia, North Carolina, South Carolina, and Georgia. These colonies were all dependent upon the English government; their inhabitants were subjects of the English king. But England was three thousand miles away, and it took, in those times, many weeks for a vessel to cross the Atlantic. As a result of tliis wide separation, England could not govern an American colony in the same way that she governed one of her counties at home. A colony in many things w^as allowed to govern itself. It 116 4 THE STATR 117 elected its own lawmakers, it appointed its own judges. Rhode Island and Connecticut even elected their own Gov- ernors also, and thus exercised the three powers of govern- ment, — the legislative, the executive, and the judicial. Aside from the tie that bound it to I'^ngland, a colony had no other ties. Each colony was independent of all the other colonics. Pennsylvania had no more to do with its neigh- bor Maryland in the way of government than it had with Prussia. The Thirteen Original States. — By the Revolution each colony made itself in many respects a free and independent nation,— a State. Instead of thirteen English colonies, there were thirteen American States. As quickly as possi- ble, the people of each colony took up the difficult task of self-government. The first thing to be done was to change the colonial government into a State government. This was done by representatives of the people of a State agreeing on a plan as to just how the State was to be governed. This plan was put in writing and was called the constitution of the State. Each colony made for itself a constitution that suited best its own wishes and its own needs. The constitution of Virginia differed from that of Massachusetts, because the needs of Mrginia were different from those of Massachusetts. You must not suppose that the new State government that was formed differed very much from the old colonial government. The people of a colony, after many years of hard experience, had built up the kind of government they hked best, and they had become used to obeying certain 118 STATE GOVERNMENT laws and observing certain customs. Now it is not pos- sible — and you should think of this when you hear new schemes of government proposed — it is not possible for a people suddenly to make a complete change in their laws, customs, and habits. So the new State governments were necessarily very much like the old colonial govern- ments. The colonies of Connecticut and Rhode Island did not form new governments at all, but took the old charters granted to them by England as their new con- stitutions. The Admitted States.— In 1788-1790 the thirteen original States formed a Union under the Constitution of the United States. It was not long before other commu- nities outside of the present boundaries of the original States wished to join the Union. Each was allowed to do this as soon as it had grown large enough in population and after it had adopted for itself a constitution that w^as acceptable to Congress. When these requirements were fulfilled, the new community was admitted to the Union as a State. Vermont w^as the first new State admitted. This was in 1791. The next year Kentucky was admitted; and soon from time to time until thirty-three new States have been admitted into the Union, making forty-six in all. The last to be admitted was Oklahoma. The Outlines of a State Government. — From their history you would expect the governments , of the several States to differ from one another and you would expect them also to resemble one another. Most of the people of the colonies from New Hampshire to Georgia were TlIK STATE ir.i Englishmen in blood and speech antl they all had English notions of Uberty and government and law. When the United States became a nation what had l)een English before became American, and as new States came into the Union they came in with American notions of liberty, government, and law.' So it is quite natural that the governments of the forty-six States should be alike in many important respects. Each State (1) Has a popular government. (2) Has a written constitution. (3) Has the three great dei)artments of government. (4) Supports a system of public schools. (5) Pro\'ides for a system of local self-government. (6) Makes most of the laws that regulate the citizen in his daily conduct and in his daily pursuits. QUESTIONS AND EXERCISES 1. Name the States of the Union. 2. Bound the State in which you Hve. Is it one of the original States? If it is not. wlicn was it admitted into the Union? 3. What is the origin of tlie name of your State? What is its nick- name? What is the coat-of-arms of your State? 4. How many States have a greater population than your State? What is the area of your State? How many States have a greater area? How many States as large as the smallest State in the Union could be m.idc out of the large.st State in the Union? 5. Write a short composition on "Our State." telling about the history of your State, its size, its population, its industries, its re- sources, its schools, its cities, its great men, and giving reasons why you are proud of it. * Louisiana when admitted (in 1812) had the French system of law. XXII. THE STATE CONSTITUTION "The basis of our political system is the right of the people to make and alter their constitution of government." — George Washington. Meaning of the Word " Constitution."— You have met the word Constitution several times aheady, and, since 3'ou will meet it many times hereafter, you ought to try to understand clearly what it means. The word comes from constituo, a Latin word which means ■fix, estahlish, settle. The constitution of a debating society is a set of fixed rules by which the society is to be per- manently governed, and from which it cannot rightfully depart. The constitution of a State is a document con- taining those fixed principles and rules by which a State must be governed, and from which neither the Governor, the lawmaker, nor the judge may depart. The consti- tution may be called the fundamental law of the State, because it is the foundation upon which all laws are built, just as the foundation of a house is the part upon which all the other parts rest. Think of a constitution as the foundation plan upon which a system of laws may be built. Description of a State Constitution. — In the last les- son you learned that every State has a written constitu- tion. Since this constitution is the fundamental law of a State you ought to have a clear notion of what it is like. I have before me the constitution of one of the States, and I will attempt to describe it to you very briefly. 120 THE STATE CONSTITUTION 121 It begins with a Declaration of Rights, which declares that a people ha\o the right to govern themselves; that all citizens have a right to a trial by jury; that the Gov- ernor, the juilges, and the lawmakers arc responsible to the people for their actions; that all male adult citizens have the right to vote; that the legislative, executive, and judicial powers of government shall be separate; that there shall be freedom of speech and debate; that no one shall be compelled to give evidence against himself in a court of law; that the press shall be free; that no title of nobility shall be granted; that a man's rehgion shall not be made a test for holding oflice; that the people have in themselves the right to form a new government. After declaring these and some other rights, the con- stitution takes up the three departments of government. As to the executive department, it states who may be elected Governor, how and when he may be elected, how long he shall serve, and what are his powers and duties. The powers and duties of other executive officers are also defined. After the executive we come to the legislative department. We are told what shall be the name of the Legislature, how it shall be composed, who may be its members, where it shall meet, how a law shall be passed, and, in a general way, what kin financial business of the State government. He attends to business relating to the debt, the property, the claims, the revenue of the State. He superintends the col- lection of taxes due to the State, and examines the claims of those to whom the State owes money. When a debt of the State is to be paid, the Comptroller orders the State Treasurer to pay it. (4) The State Treasurer. — We shall learn hereafter that when a town or a county collects money by taxation, a certain portion of the money usually must be given over to the State government. This money is sent to the State Treasurer. He cither keeps it in a large safe at the capitol or gives it to some reliable bank to keep. He may not pay out a dollar of it without an order from the Comp- troller. (5) The Attorney-General is the law ofTicer of the State, corresponding to the prosecuting attorney of the county. When the State needs the services of a lawyer, he appears for it ill the courts. (0) The Superintendent of Puhlir Inf^truetion is the high- est school oflicer of the State. He i)repares a report and sends it to the Legislature. In this report he states the needs of the schools and suggests how they may i)e im- proved He presides at the meeting of County Superin- 142 STATE GOVERNMENT tendents and at teachers' institutes, and furthers the cause of education in whatever way he can. The foregoing executive officers are found in almost every State. In addition to these there are in many States still other executive officers and boards whose duties are very important. Among these may be mentioned: (1) The State Insurance Commissioner. (2) The State Board of Railroad Commissioners. (3) The State Inspector of Factories. (4) The State Liquor License Commissioners. (5) The State Board of Charities. (6) The State Board of Health. (7) The State Tax Commissioner. (8) The State Board of Pardons. (9) The State Superintendent of Banks. (10) The State Board of Medical Examiners. (11) The State Commissioner of Agriculture. (12) The State Board of Public Works. It must not be supposed that every State has all these officers and boards, for each State has only such officers as it needs in the management of its own affairs. One officer will often perform the duties of two or more officers. Impeachment. — If it is charged that a high officer of the State is guilty of misconduct in office, — if, for example, the Governor is accused of having accepted a bribe for signing or for not signing a bill, or if a judge is accused of trying cases while he is drunk, — the House of Representa- tives inquires into the charges, and if it finds that there is truth in them, it impeaches the offender, that is, it accuses Tine (iOVKRNOli AND HIS COLLEAGUES 143 him of ollicial inisconduct. Tho trial of tlu; odicer tlms impeached is coiulucti'd by the Senate. That body listens to the evidene(^ against the impeached ofHcer, and if it regards him guilty, it pronounces judgment against him. An oflicer who has been found guilty under impeachment, can no longer hold an office of honor, trust, or profit in the State. QUESTIONS FOR ORIGINAL WORK 1. What is the name of the chief executive officer of your State? 2. Exumine the constitution of your State for answers to the follow- ing questions: (a) What are the qualifications of the Governor? (6) What is the length of his term of office? (c) What is his salary? (cf) Has he the power of veto? (e) Has he the pardoning power? (/) ^Lny he remove an inefficient officer? (g) What officers does he appoint? (h) If there is no Lieutenant Governor, who will fill the vacancy if the Governor should die or resign? 3. Ought the Lieutenant Governor to preside in the Senate at the trial of a Governor, whom the House has impeached? 4. When the Senate tries an impeachment case, does it act as a legislative or as a judicial body? ."). What are some of the qualifications of a good Governor? A good Comptroller? A good Attorney-General? A good State Superin- tendent of Public Instruction? 6. Have you read a Governor's message? What is a Governor's "proclamation"? 7. Docs the constitution of your State provitle for dllicr executive officers not mentioned in the lesson? 8. Make out a complete list of the executive officers and boards of your State. XXVI. JUDGES, JURIES, AND COURTS OF LAW "No man's property is safe, and no man's welfare is assured where justice is denied to the poor, or where crime goes unpunished; no State can prosper where human rights are not respected." — David A. Wells. The Judicial Department. — You have learned how a law is made, and you have learned the names and duties of those officers who compel obedience to the laws. But before an officer can punish a person for disobeying the law, it must first have been decided that the one accused is actually guilty. You will remember that the decision of this question is left neither to those who make the laws, nor to those who are to enforce them, but to a third body of men, the judicial officers or judges of the State. Every State has a complete judicial system by which citizens may defend their rights and secure justice. It is this judi- cial system that we are now to study. We will begin with the lowest part of the system and proceed to the highest. The Justice of the Peace. — Let us suppose that a house has been burned in your neighborhood, and that a man named X is suspected of having burned it. Some citizen who is interested, perhaps the owner of the house, will file a complaint against X before a justice of the peace. This officer, though chosen for some one town or city or county, is an officer of the State, and he acts in the name of the State. He renders decisions only in small and unimportant cases. Thus, if a man is sued for a few dollars, or if he is ar- 144 JUDC.KS, .inUKS, AND COURTS OF LAW 145 rested for ilruiikoniK'ss, or fust driving, his case could be decided before a justice of the peace. When the complaint of house burning is filed against X, the justice of the peace gives a constable, or poUceman, a warrant for the arrest of the accused, who is brought into the justice's court. Since X is charged with having com- mitted a serious crime, — the crime of arson, — the justice cannot try his case. But ho can do this: He can listen to witnesses for and against X, and if he believes that the accused is probably guilty, he may send him to jail to await trial in a higher court. But this trial may not come up in a higher court for several months, and if X is an in- nocent man, — and the law supposes he is innocent until he is proved guilty, — it would be a great hardship for him to have to lie in jail for so long. This he need not do if he can get bail. To give bail, he must get one or more of his frientls to sign an agreement to pay the State a certain sum of money if he should fail to appear in court for trial when he is wanted. This agreement is a bond, and those who sign it are bondsmen. If X runs away before trial, he is said to "jump bail." Let us suppose he is able to give bail, and that he awaits his trial like a man. The Circuit Court. — The trial of X will take place be- fore a judge or judges of the Circuit Court — in some States called the District Court, in others the Superior Court, in others the Supreme Court, in still others the Court of Common Pleas. Tliis court sits in the courthouse of the county seat two or three times in a year. The same judge or judges may serve in several counties, going from one F. Civil Govt.— 10 146 STATE GOVERNMENT county to another. It is for this reason they arc so often called circuit judges. They are generally elected by the })cople, although in some States they are appointed by the Governor. In all cases, like justices of the peace, they act in the name of the State. Into this Circuit Court X is brought for trial. The crime that he is accused of is supposed to have been com- mitted not against the person whose house was burned, but against society, against the whole body of people, against the State. It is the State, therefore, that brings him to trial. The prosecuting attorney (p. 88) brings the case before the grand jury,^ a body consisting of not less than twelve nor more than twenty-three citizens, whose busi- ness it is to find violators of the law and to present them to the court for trial. These grand jurymen summon the witnesses who will testify against X, but not those who will testify in his favor. If it is the opinion of at least twelve of the grand jury that X ought to be tried for the burning of the house, the prosecuting attorney will draw up an indictrnent, containing the charges against him, and the foreman of the grand jury will write across the back of the indictment the words, ''A true bill." This means that X must stand a trial in court. The examination by the grand jury was secret; but the trial in court is open to the public. ^^Tien X is brought into court, the indictment is read to him, and he is asked ^ In some States there is no grand jury. Where this is the case the prosecuting attorney determines whether a case shall be brought to trial. Jl'DCKS, JURIES, AND COURTS OF LAW 1 \: whothor ho Is "guilty'' or "not guilty." His reply is callotl a plca^ If his plea is "guilty," the judge sentences him to be punished according to law. If his plea is "not guilty," the juilge appoints a time for his trial. The trial begins by the selection of twelve men to act as a jury to decide whether he is guilty or not. This is A Trial called the petit jury, or small jury, to distinguish it from the grand jury. The members of the petit jury, like those of the grand jury, are chosen from among the citizens of the neighborhood, — from farmers, mechanics, merchants. Some of them may be neighbors of X. Before they are allowed to servT, they must swear that they have not formed an opinion ujion the guilt or innocence of the prisoner, and that they will decide the case according to 148 STATE GOVERNMENT the evidence that is presented to them. After they have taken this oath, the jurymen sit in the "jury box" and listen to the testimony of witnesses. In a trial, there are always two parties, one called the plaintiff, who brings the complaint or suit into court, and another, called the defendant, or the one against whom the complaint is brought. In the case before us the State is the plaintiff, and X is the defendant. The prosecuting at- torney, in behalf of the plaintiff, presents the case against the defendant and examines witnesses for the State. An- other lawyer speaks in behalf of X and examines witnesses in his favor. After the evidence on both sides has been heard, and after the judge has given his charge to the jury, directing them on some points of their duty, the jury re- tire to a private room to talk the matter over and come to a decision. If they can all agree, they return to the courtroom with their verdict. If the verdict is "guilty," the judge will pronounce sentence upon the prisoner in open court and give him over to the sheriff for punishment ; if the verdict is "not guilty," X is set free, and he cannot be tried again for the same offense (p. 44). The Supreme Court. — If after X is sentenced, his law- yer can show that strict justice has not been secured, he may take the case to a higher court, usually called the Supreme Court, or Court of Appeals, — the highest court of the State. The judges of this court meet at the capital of the State and hear appeals in cases that have been tried in the lower courts. The Supreme Court will not try the case of X over again, but it will listen to his appeal, and if it is JUDGES, JURIES, AND COURTS OF LAW 149 shown that the judges in the court below did not try the case according to law, it will order a new trial and thus give X another chance for his freedom; if it finds that the trial was properly conducted in the lower court, X will have to bear his punishment. Civil and Criminal Cases.— Cases that involve crime, like the case of X, arc called criminal. Most of the cases, however, that are trietl in courts do not relate to crime, but to the ownei'shi[) of property. Such cases are called civil. The chief difference between a criminal and a civil case, is that in a criminal case the plaintiff is the State; while in a civil case, the plaintiff is a private person or a corporation. The history of a civil case in the courts is quite like that of a criminal case. If the amount of prop- erty at stake is small, it may be tried before a justice of the peace. If the amount is large, the case is tried in the Circuit Court (or District Court), and if satisfaction is not obtained, then it may be taken to the Supreme Court. QUESTIONS AND EXERCISES 1. Examine the constitution of your State for answers to the follow- ing questions: (a) N:inic the y into its own treasury. This made the bunh'U of taxation un- equal in the different States. With tlie puri)ose of remedy- ing this state of things, and taking measures to make the laws of trade uniform, a convention was called to meet at Annapolis in 17S6. But as only five of the thirteen States responded to the call the delegates thought it unwise to proceed further with the business. They did, however, make a report, recommending that another convention should meet in the following year. Congress issued the call for the convention, and all the States, excepting Rhode Island, sent delegates to it. Ill May. 17.S7, these delegates from twelve States met in Philadelphia for the purpose of amending the Articles of Confederation in such a manner as to correct the evils which have been described. In this Convention were some of the ablest men our country has produced. There were Washington and Madison and Hamilton and Franklin. These men did not work for their own selfish interests, or even for the advantage of a particular State, but for the advantage of all the States. The sessions of the Conven- tion were secret, but we know most of the things that were said and done in it. It soon agreed that the govern- ment under the Confederation was weak and worthless, and that an entirely new form of government was nec- essary. It .'Jaw that, instea7. 2. Deseribe two ways by which the Constitution of the I'nited States may be amended. 3. Repeat the Preamble to the Constitution of the United States. XXVIII. CONGRESS "The American Constitution is, so far as I can see, the most wonder- ful work ever struck off at a given time by the brain and purpose of man." — William E. Gladstone. The Two Houses of Congress. — ^The men of the Con- vention of 1787 came together for the pm'pose of simply revising the old Articles of Confederation, but they soon found that the old government was not worth patching up. So they bravely planned an entirely new govern- ment, one that was to have enough power and that was to have officers enough to do the work of a government. They provided for a government of three departments, the legislative, the executive, and the judicial. The Constitution provides first (Article I) for the leg- islative branch. It provides that laws of the National Government shall be made by a body called a Congress, and that the Congress shall have two branches, a Senate and a House of Representatives. This Congress every year, on the first Monday in December, meets in the mag- nificent Capitol at Washington; the Senate at the north end of the building, the House of Representatives at the south end. The House of Representatives. — It is the purpose of the Constitution that the will of the people shall be ex- pressed in the House of Representatives. Hence, members of this branch of Congress are elected by a direct popular 15G CONGRESS 157 vot(\ aiul each State is represented according to its popu- lation. During the first years of National Government a State was alloweil one representative for every 30,000 inhabit- ants. If this number had remained unchanged, the House of Representatives would now consist of about 3000 members, and would be a body much too large for House of Representatives in Session the transaction of business in a deliberate way. But it has not remained unchanged; as population has increased, the number of inhabitants for each representative has been made larger. At the present time each State is al- lowed to send one representative for every 194,182 in- habitants. This gives Delaware one member in the House, and New York thirty-seven members. The representa- 158 NATIONAL GOVERNMENT tives from all the States number 391. Each State is di- vided by its Legislature into a number of Congressional Districts, each district containing, as near as may be, 194,182 inhabitants. Thus Iowa, with 2,231,853 inhabit- ants, is divided into eleven congressional districts, and is entitled to eleven members in the House of Represen- tatives. The House of Representatives, upon meeting, organizes in very much the same way that the lower house in a State Legislature is organized. A Speaker, a Clerk, a Sergeant-at-Arms, and Messengers are elected, and Com- mittees are appointed by the Speaker. Senate in Session The Senate. — The States are represented in Congress by senators. It was the purpose of those who framed the Constitution to preserve the power and dignity of the CONGRESS 159 State as far as possible. For this reason one State is as well represented in the Senate as another; each State, whether great or small, being entitknl to two senators. Nevada, which has a population of 45,000, has as much power in the Senate as has New York, with a population of 7,000,000. This, at first sight, may seem to you to be unjust, but the more you study the subject the more rea- son you will see for the law. Probably the only way to enable the smaller States to preserve their rights is to give them equal power with th(^ larger States in the Senate. Senators are not elected by the people but by the Legisla- tures of the different States. The election is so arranged that when a new Congress meets only one-third of the Sen- ate can consist of new members. As there are now forty- six States, the Senate consists of ninety-two members; and si.\ty-one or more of these are experienced lawmakers. How a Law is Passed in Congress. — A law^ is passed in Congress in almost the same way that one is passed in the Legislature of a State. A bill is introduced into one of the hou.ses, is referred to its proper conmiittee, is re- ported upon, is read three times upon three different days, is voted upon, ami if it receives a majority of votes, is sent to the other house, where it has almost the same his- tory. If it passes in this house, also, it is sent to the President for his approval. If he approves the bill, he signs it and it becomes a law. If he does not approve it, he vetoes it; that is, he returns it without his signature and with his objections. If the bill is voted upon again, and is favored by a two-thirds vote in each house, not- 160 NATIONAL GOVERNMENT withstanding the objections of the President, it becomes a law without his approval. The Power of Congress Limited. — What are the powers of our national lawmaking body? A glance at history will help you to understand the answer to this question. You remember that just after the Declaration of Independence each State had in itself nearly all the powers of government. Almost everything that a government can wisely do the government of a State could do. The States were proud of this great power. Like individuals they loved their pride and their will. Now, when the Union was formed, in 1787-89, it was necessary to give up some of this power. But the States were careful to give up as little power as possible, and they were extremely careful to have it un- derstood just what powers they meant to give up, and to reserve for themselves all powers that they did not give up. Therefore, certain definite powers of the new govern- ment were plainly stated in the Constitution. These powers it might exercise, and no others. All powers not granted to the general government were reserved to the State. The answer to the question, " ^Yh.Sit can Congress do?" is this: It can do what the Constitution says it can do, and it can do no more. The answer to the ques- tion, "WTiat can the Legislature of a State do?" is this: It can do anything that is not contrary to the constitu- tion of the State, or to the Constitution of the United States. In other words. Congress is a lawmaking body with limited powers. What these powers are will be the subject of the next lesson. CONGRESS IGl QUESTIONS AND EXERCISES 1. Examine tlio sccoml and lliinl sections of the first Article of the Constitution and fill the blanks properly: A member of the House of Representatives is elected to serve for years. No person c^n be elected in this branch of Congress un- less he is at least years of age and has been a citizen of the for at least years. He must also, when elected, be a resident of the in which he is elected. A senator of the United States is elected by the of a to serve for years. He must be at least years of age, and must at the time of his election be a resident of the in which he is elected. 2. What arc the names of the senators who represent your State in Congress? 3. How many representatives docs your State send to Congress? In what congressional district do j'ou live? What is the name of your representative? Does your State send to Congress men of distinction? 4. Should senators be elected by the direct vote of the people? F. Civil Govt— 11 XXIX. CONGRESS {Continued) What Congress May Do. — Most of the powers of Con- gress are stated in the eighth section of the first article of the Constitution, That section gives Congress the power: (1) "To lay and collect taxes," for the support of the Na- tional Government. How great is the sum necessary to support the National Government and how Congress raises this sum will be learned hereafter (p. 219). (2) "To borrow money on the credit of the United States." — \\Tien a government borrows money it gives the lender a note of promise stating the amount loaned, the time of payment, and the rate of interest to be paid. The notes thus issued by a government are called bonds. The United States has borrowed vast sums by issuing bonds. At one time fin 1866) its debt was nearly S3,000,000,000, but this amount has been greatly reduced. (3) "To regulate commerce with foreign nations and among the several States." — You remember it was a desire to regulate commerce that led to the calling of the Con- vention of 1787. Under this power Congress regulates the importation of foreign goods, makes rules for the reg- ulation of foreign shipping, regulates immigration, pro- vides life-saving stations along the coast, improves har- bors, opens rivers to na\igation, directs the work of the 162 CONGRESS 163 great Interstate Commerce Commission (of which we shall learn on p. 198), and does many other useful things. (4) "To establish an uniform rule of naturalization" (p. 35). (5) "To establish laws on the subject of baiikruptcies." (6) " To coin money y (7) "To fix the standard of weights and measures." — A yardstick shoukl be just as long, and a pound weight just as heavy in Pennsylvania, as the one or the other is in California, and Congress has the right to require that this shall be the case. The National Government presents a full set of weights and measures to the government of each State, and the State adopts these as correct. Thus through- out all the States merchants use standard weights and measures. (8) "To provide for the punishment of counterfeiting the securities and current coin of the United States." (9) "To establish post-offices and post-roads." (10) "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." — Authors are encouraged to write good books by giving them a copyright upon their works. The person who has a copyright upon a book is the only one who can print and sell it. A copyright la.st.-^ for twenty-eight years. It is secured I'V entering the title and sending two copies of the printed book, on or i)efore tlip day of [lublication, to the Library of Congre.«;s in Washington. Congress encourages useful inventions by granting patents to in- 164 NATIONAL GOVERNMENT ventors. A patent upon a machine gives the one who holds the patent the exclusive right to make and sell or use the machine. Rights under a patent last for seventeen years. The inventor sends a drawing and a model of his invention to the Commissioner of Patents, at Washing- ton, and if it is found that he has invented something really new a patent will be granted. (11) "To constitute tribunals inferior to the Supreme Court." (12) "To define and punish piracies and felonies com- mitted on the high seas, and offenses against the law of na- tions^ — Piracy is robbery upon the sea. The National Government punishes pirates because their crime is com- mitted outside of the boundary of a State. When a citizen commits an offense against a foreign nation the injured nation regards the offender as a citizen of the United States, and not a citizen of a State. It is the National Government, therefore, that must punish piracies and offenses against the law of nations. (13) " To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and watery — As the evils of war would fall on many States, it is not right that a single State should be allowed to de- clare war. War, therefore, can be declared only by Con- gress, and conducted by the National Government. Some- times Congress has granted to private persons the right to go and seize certain property belonging to a foreign country. Such a commission, called a letter of marque and reprisal, cannot be granted by a State. When in times of war CONGRESS 165 valuable IjropiTty is captuivd, tlu; prize must bo divided among the captoi-s according to the directions of the Na- tional Government. (14) " To raise and support armies. " (15) " To provide and maintain a navy." (16) " To make ndes for the regulation of the land and naval forces.^' (17) "To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel in- vasions.^' — The militia of a State consists of all its able- bodied male citizens between the ages of eighteen and forty-five. The law usually excuses the civil officers of government, clerg}'men, teachers, physicians, and firemen from military service. With these exceptions, every strong man in the country is a member of the militia, and may be called upon to serve in the army. (18) '^To exercise exclusive legislation" over the Dis- trict of Columbia. (19) " To make all laics which shall be necessary and proper for carrying into execution the . . . powers vested by this Constitution." Besides the powers mentioned in the eighth section of the first article, the Constitution elsewhere gives Congress power: (20) "To provide for the case of removal, death, resigna- tion, or inability, both of the President and Vice President." — Under this power, Congress has passed a law providing that if both President and Vice President die, the Secre- tary of State shall act as President; if the Secretary of 166 NATIONAL GOVERNMENT State (lies, the Secretary of the Treasury shall act as Presi- dent; and so on down in the Cabinet, the Secretary of War coming third, the Attorney-General fourth, the Postmaster- General fifth, the Secretary of the Navy sixth, the Secre- tary of the Interior seventh. (21) To admit new States into the Union. (22) "To make all needful rides and regulations respect- ing the territory belonging to the United States." What Congress May Not Do. — In order to guard the interests of the States, the framers of the Constitution were careful to mention certain things that the National Government may not do. What these things are may be found in the ninth section of the first article of the Con- stitution. (1) Slavery. — The first prohibition refers to the impor- tation of slaves, but as slavery has been abolished we may pass this subject by. (See Article XIII of the Amend- ments.) (2) The writ of habeas corpus (p. 38) shall not be sus- pended, except in cases of rebellion or invasion. (3) No bill of attainder shall be passed. This means that Congress may not condemn a person to death, or to outlawry and banishment, without opportunity for de- fending himself in a court of law. (4) No ex post facto law shall be passed. An ex post facto law establishes or increases the penalty of an act after it has been committed. For example, if Congress should pass a law establishing the penalty of death upon a man found guilty of counterfeiting a year ago, when the penalty CONGRESS 167 a year ago was line ami imprisonment, such a law would be ex post facto. (5) "No capitation or other direct tax shall be laid unless in proportion to the census or enumeration hereinbefore di- rected to be taken." — This moans that if Congress should pass a caiMtation tax, or poll tax, it must be the same in all States. If a direct tax on i)roperty should be laid by Congress, it would have to l)e ai)portioned among the States in proportion to their i)opulations. Thus, if the United States Government should raise $35,000,000 by a direct tax, the property holders of Georgia would pay about SI, 000,000 of the sum, for the population of this State is about bne thirty-fifth of the entire population of the Union. (6) "No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regidation of commerce or revenue to the ports of one State over those of another." (7) "No title of nobility shall be granted by the United States."— Such titles as Prince, Duke, Earl, etc., are not in keeping with democratic government, and very properly they cannot be conferred by Congress. AN EXERCISE Give reasons why caeh of (lie jiowers which liave been granted to Congress ought to be exercised by the National Government rather than by the State. XXX. THE PRESIDENT; HIS ELECTION "Sir, I would rather be right than be President." — Henry Clay. Introduction. — ^Thc Congress, making use of such powers as the Constitution gives it, — the powers described in the last lesson — passes the laws that seem to be nec- essary, and then adjourns; the nearly 500 members of the great lawmaking body leave Washington and return to their homes. The duty of enforcing and executing the laws of Congress rests almost entirely with the executive department, at the head of which is the President of the United States. One of the first things we want to know about the Pres- ident of the United States is, how is the great official chosen? How do 100,000,000 people select one of their number to act as their chief magistrate? The Constitu- tion provides in a general way ^ for the election of the President, but since that election is conducted by politi- cal parties we can best understand the election of the Pres- ident by observing the workings of a political party dur- ing a year in which a President is to be elected. The Nomination of a Presidential Candidate. — Before a man can hope to be Pi^esident, he must be named as the candidate of a great party. Among the millions of voters in a great political party, there are many public men who ^ See the first section of Article II and also the Twelfth Amendment. 168 THE PRESIDENT; IIIS ELECTION Itl'J arc eager to be its caiulidate for President. The first (jucs- tion to be answered, then, is: How is the presidential candi- date of a poUtical party elected? How, for illustration, does the Democratic party select its candidate? The first step is taken several months before the election in Novemb(T. In April or in ^May, the party holds its (1) Primary, or first election.' At this election the Demo- cratic voters in the different townships, villages, and cities of a county choose delegates to represent them in a county Democratic convention. These delegates may go instructed to act in the interest of a certain man as the party candidate for President, or they may go free to act as their judgment directs. In a few days after the primary election the delegates from all the townships, villages, and cities of the county a.y do not vote for a Presi. -IV . Z 'Jy ) '^t, State, War, and Navy Building Stay in the city pleasant and agreeable. A foreign minis- ter is a very important personage and he must be treated with great honor and distinction. The land on which he lives is regarded as a little patch of sacred territory upon which no one must enter against the wishes of the minis- ter. The person of a foreign minister is also regarded as 184 NATIONAL GOVERNMENT sacred, and so are the persons of the members of his family and of his secretaries and servants. A secretary of a foreign ambassador was arrested in a New England town for running an automobile too fast, and was fined. The State Department took the matter up and caused the money to be given back, and the judge who imposed the fine was reprimanded. ' Besides attending to the business that is brought up by the foreign ambassadors and ministers residing in Wash- ington, the State Department has charge of the work car- ried on by our own ambassadors and ministers in other countries. In almost every country of the world the Uni- ted States has either an ambassador or a minister. The ambassador is the higher officer in rank and is supposed to be the personal representative of the President himself. An ambassador and a minister have practically the same duty, and that is to uphold and defend the interests of the United States and its citizens in the countries to which they arc sent. The State Department also has charge of the consular service of the United States. A consul is a business agent sent by the government to a foreign seaport or an inland city to look after the commercial interests of the home country. The consul also attends to many affairs of a private nature. He certifies to marriages, births, and deaths among his countrymen in his consular district; he looks after the property of deceased persons when there is nobody else at hand to do this; sometimes he issues pass- ports. Very often in the hour of need the American citi- THE NATIONAL EXECUTIVE DlOPAUT.MI^NTri 185 zcn in a foreign land finds in the American consul a real friend. The Department of War has charge of the land forces of the United States. It has control of the regular or stand- ing army, the army that is always ready for fighting. This army when compared with the regidar armies of other countries is very small, consisting of less than 100,000 men. In times of peace this number is large enough, but in times of war it is of course too small. "When necessary, how^ever, the United States can put a vast army in the field. The militia of all the States (p. 165)— over 12,000,000 able- bodied men — is at the ser\4ce of the National Government. Moreover, the President may call for volunteer soldiers and at such a call several hundred thousanrl good fighting men would be sure to step fonvard. The President is the commander in chief of the army, but the actual management of military affairs falls upon the Secretary of War. This officer is assisted in his duties by the General Staff and by the heads of the several bu- reaus of the War Department. The General Staff is a body of trained oflRcers whose duty is to prepare plans for the conduct of military operations. Through the C hief of Staff the Secretary of War exercises a direct control over the troops. One great bureau of the department is that of the Quartermaster-General, who attends to the clothing of the troops and to their transportation. An- other important bureau is that of the Commissary-General, who supplies the army with food. The office of the Sur- geon-General cares for the sick and wounded and has charge 186 NATIONAL GOVERNMENT of the army hospitals. The Judge- Advocate-General is the head of the bureau of mihtary justice. Officers and sol- diers frequently get into trouble and are accused of wrong- doing and when this happens they are not tried by a jury as other citizens are, but by a military court kno^uTi as a court-martial. The Judge-Advocate-General has a general supervision over courts-martial. The Chief of Ordnance has charge of the bureau that purchases or manufactures the guns, swords, cannon, and ammunition used by the army. The War Department has charge of the fortifications by which the great cities along the sea coast are defended. It also has control of the great Military Academy at West Point where young men receive thorough training in the arts of war. The War Department has also established at Washington an Army War College for advanced students. The Department of the Navy has charge of the forces that defend us on the seas. The President is commander in chief of the navy as he is commander in chief of the army, but the Secretary of the Navy is the real manager of naval affairs. The business of the Navy Department is distributed to several bureaus, all of which work toward the same end: the placing on the seas of well-built, well- equipped, and fully-manned fighting ships. The Bureau of Construction and Repair attends to the designing and building of the ships of the navy. The Bureau of Yards and Docks has charge of the j^ards where ships for the navy are built. The Bureau of Navigation takes care that the ships of the nav}^ are supplied with properly trained officers and sailors. The Naval Academy at Annapolis — THE NATIONAL EXECUTIVE DEPARTMENTS 187 the best equiiipcd school of its kind in the world— is under the direction of this bureau. The Bureau of Equip- ment has charge of the furnishings of the ships, the electric motors, the rigging, the sail, the anchors, compasses, charts, books. The Bureau of Ordnance provides the ships with the instruments of warfare. For a long time the United States did not care to have a powerful navy, but about 1885 we began to improve our navy, adding to the number of fighting vessels and providing for the training of a large number of naval ofli- cers and seamen. This pohcy of increasing our naval forces has been followed so faithfully that we now have one of the most powerful navies in the world. Indeed, there is only one country in the world that can boast of a stronger navy than ours. QUESTIONS AND EXERCISES 1. Who first filled the office of Secretary of State? Of Secretary of War? Of Secretary of the Navy? 2. Name four great generals of American history. Name three great naval heroes of American history. .3. What coimtry has the strongest navy? What reason can you give in favor of supporting a strong navy? What reasons can you give against supporting a strong naN^y? 4. What does it cost to support the army and navy of the United States? 5. Name the countries of the world that have large standing armies. Are those countries in less danger than are those that have small standing armies? G. If you !5oc any good things connerted witli warfare name those things. Name the evils connected with warfare. XXXIII. THE NATIONAL EXECUTIVE DEPART- MENTS (Continued) The Department of Justice. — Just across the street from the State, War, and Navy Building is the central office of the Department of Justice, the law department of the National Government. The chief lawyer of this de- partment is the Attorney-General of the United States, who renders the same kind of ser\'ice for the National Government that the Attorney-General of the State (p. 141) renders for the State government and that the prosecuting attorney (p. 88) renders for the county. When there are offenses against the laws of the United States, such as the counterfeiting of money or the robbing of mails, it is the duty of the Department of Justice to prosecute the offenders in the national courts. "WTien the National Gov- ernment needs a lawyer to defend it in the courts, the Attorney-General or one of his assistants acts as that lawyer. When the President, or a member of the cabinet, needs the advice of a lawyer he calls upon the Attorney- General to give that advice. The Department of Justice also superintends the district attorneys, clerks, and mar- shals of the national courts. In the performance of his duties the Attorney-General is assisted by a solicitor- general and by many assistant attorneys. The Department of the Treasury. — About a stone's throw east of the ^^Tiite House is the Treasury Building, 1S8 Tin: NATIONAL KXlX'UTlVi; l)i:rAUTMENTS ISO the great central workshop of the Treasury Department. Visitors to Wasliington arc always eager to go through the Treasury Building, for in it they can sec the vaults in which arc deposited great sums of gold and silv(>r coin, and can see old and worn out money destroyed and new, freshly printed money stampetl, counted, and prepared fnr shipment to all parts of the country. The operations of the Treasury Department are so vast "S -^5««: 4 ■3"^- #^ 7> >-7' It SfJs:^ ^■ Q Treasury BuildinR that to give a full account of them would require a large volume. At the heail of this department is the Secretary of the Treasury, who is assisted in his labors by three as- sistant secretaries and by the heads of numerous bureaus and divisions. Among the many services of the depart- ment the following deserve special notice: 190 NATIONAL GOVERNMENT (1) The Collection of the National Taxes. — It is the task of the Treasury Department to collect the great sum of money that is required to support the National Govern- ment. The national taxes are the customs duties on goods brought from foreign countries, and excises (taxes) on certain articles of home manufacture. Duties are collected principally on sugar, tobacco, wool, woolen goods, cotton goods, silk goods, iron and steel goods. Both duties and excises (internal taxes) are collected on liquors, tobacco, cigars, cigarettes, oleomargarine, and playing cards. About half the revenue of the National Government comes from customs duties and about half from excises. For the collection of the customs tax the Treasury De- partment places officials, known as collectors of customs, at all points where foreign goods are brought into the country. There are altogether about 130 such places, known as ports of entry. The leading ports of entry — so far as the amount of customs collected is concerned — are New York, Philadelphia, Boston, San Francisco, Balti- more, New Orleans, Chicago, and Detroit. By far the most important port is New York, where more than half of all the customs are collected. For the collection of the excises the Department has officers known as collectors of internal revenue. These officers and their assistants visit the distilleries and brew- eries and cigar and tobacco manufactories and collect taxes on the articles before they are sold. (2) The Safe Keeping of the National Revenue. — ^The money collected as customs and excises is placed in the THE NATIONAL KXECUTIVE DEPARTMENTS 1!»I kco{)ing of tiic Tivasuror of tlio United States, an ofTiccr of the Treasury Department. A large amount of the gov- ernment's money is always found in the vaults of the Treasury Building at Washington, yet in nine other cities (New York, Boston, Philadelphia, Cincinnati, Chicago, St. Louis, New Orleans, and San Francisco) there are sub- treasuries in which large sums of public money are stored. In the subtreasury of New York there is more money actually handletl than is handled at all the other sub- treasuries combined. (3) The Bookkeeping Service of the National Govern- ment. — The great task of keeping the accounts of the Na- tional Government is performed by officers of the Treasury Department. Chief among these are the Register of the Treasury, Auditors of the Treasury, and the Comptroller of the Treasury. The Register of the Treasury signs all Unitetl States bonds, and prepares lists of persons who are the hoklers of registered bonds and who arc en- titled to receive interest on bonds. The Auditors of the Treasury, six in number, examine and settle all the claims and accounts of the various departments. The Comptrol- ler prescribes the manner in which the public accounts shall be kept and when complaints arc made he sits in judgment on the work of the Auditors and ai)proves or disapproves of their decisions. (4) The Manufacture of Money. — All the money in use is manufactured under the direction of the Treasury De- partment. The paper money is all printed in Washing- ton at the great Bureau of En/jraving and Printing, where 192 NATIONAL GOVERNMENT 1000 skilled workmen and artists are constantly em- ployed printing and counting the millions of notes that are necessary to supply the country with currency. For the manufacture of gold and silver and other metallic coins the department has mints located at Philadelphia, New Orleans, Denver, and San Francisco. Each mint has its own superintendent, but all the mints are under the general supervision of the Director of the Mint. (5) The Supervision of National Banks. — ^The national banks of the country, more than 7000 in number, are super- vised by an officer of the department known as the Comp- troller of the Currency. No national bank can begin busi- ness until its plans have been submitted to the Comptroller and approved by him, and every bank must send to him at stated times reports showing the condition of its affairs. (6) Miscellaneous Services. — ^The Treasury Department performs several services that are not closely connected with its proper work. It has charge of the Public Health and Marine Hospital Service, which furnishes medical aid and hospital service to certain classes of seamen and which does what it can to prevent the spread of contagious diseases from State to State. It has charge of the Life Saving Service, which keeps along our seacoast a force of men ready night and day to save the lives of people on board vessels in distress. It also employs a Supervising Architect who selects the location and prepares the plans for the public buildings of the National Government, its customhouses, its post offices, its hospitals. The Post Office Department.— A walk of three minutes THE NATIONAL KXECUTIVK DEPAIITMENTS 193 from the Treasury Building, passing along tlu; far-fanicd Pennsylvania Avenue, brings one to the Post Office Build- ing. This is the central office of the Post Office Depart- ment, wliich collects, carries, and delivers our mails. Nearly 200,000 persons — postmasters, clerks, and letter carriers — are em{)loyed by the Post Office Department. At the head of this department is the Postmaster- General, who is assisted in his duties by four assistant postmasters-general. The first assistant postmaster-gen- eral attends to postmasters' appointments,^ salaries, and the delivery of mail in cities. The second assistant attends to the carrying of the mails, whether on railroads, steam- ships, or otherwise. The third assistant supervises the manufacture of stamps and attends to matters connected with money orders and registered mails. The fourth as- sistant has charge of the rural free delivery service and of dead letters. QUESTIONS AND EXERCISES 1. Which of the executive departments of the National Govern- ment comes closest to the citizen in his ilaily life? 2. What services does the Post Office Department render besides the carrj'ing of the mails? 3. Explain what is meant l)y ' rmtcction "; by " I'rcc Trade.'' 4. Describe the several kinds of paj^r inonoy in use. The .several kinds of metallic money. 5. Try to get a friend who understands the subject to come before your class and explain the workings of national banks. ^ lie does not. however, actually appoint postma.';ters; only the President or the Postmaster-General can make appointments. F. Civil Govt.— 13 XXXIV. THE NATIONAL EXECUTIVE DEPART- MENTS {Continued) The Department of the Interior employs more per- sons in Washington than any other department except the Treasury Department. Its central offices are located in several great buildings which stand at convenient dis- tances from one another. The Secretary of the Interior has his office in a building known as the Patent Office. In the Patent Office also is the office of the Commissioner of Patents who has charge of the granting of patents (p. 164) to the thousands of in- ventors who every year come forward with something new. Just across the street from the Patent Office is the fine building known as the Land Office. In this building are located two of the most important bureaus of the Interior Department, the General Land Office and the Ofjice of In- dian Affairs. The Land Office has charge of the public lands owned by the United States. These lands, if we in- clude those owned in Alaska, have a combined area of nearly a million and a half square miles, an area equal to that of six such States as Texas. The National Govern- ment is all the time selling its public lands to private in- dividuals at very low prices, and it is through the Land Office that these lands are bought and that the titles to them are secured. The Indian Office deals with the In- dians of the United States. There are scattered over the 194 THE NATIONAL EXECUTIVE DEPARTMI:NTS 195 couiitrv about 270,000 rod men living on about 100 In- dian reservations which have a total area of more than 100,000 square miles. Most of these Indians live in tribes, and all Indian tribes are under the control and guardian- ship of the United States. The National Government as the guardian and protector of the Indians renders them many services: it protects them against injustice at the hands of the white man; it gives them certain food supplies; '^^^S •^%r"' "^ ': '».- '^^'^^BE' T-C^ ' Pension Office it supports schools among them. It does these things through the agency of the Indian Office. Two squares from the Patent Office is the massive Pen- sion Office, Here under the direction of the Commissioner of Pensions, an officer of the Interior Department, upwards of 1000 persons are employed in examining the claims for pensions and in awarding pensions to those who have 196 NATIONAL GOVERNMENT fought in our wars. Through the services of this office pen- sions are distributed to nearly 1,000,000 old soldiers and old soldiers' widows. The number of pensioners, however, is growing smaller. In the Department of the Interior there are also : a Com- missioner of Education, who collects facts bearing upon the subject of education; a Director of the Geological Sur- vey, who inquires into and gives an account of the mineral resources and mineral products of the public lands; and a Director of the Reclamation Service, who directs the great work of reclaiming arid lands by irrigation and rendering them fit for cultivation. The Department of Agriculture, under the direction of the Secretary of Agriculture, collects and distributes among the people useful information on the subject of agriculture. For example: a certain farming community of one of the States was being overrun by mice; millions of the little pests had suddenly appeared and were doing the crops great harm. The Department of Agriculture soon had its men on the spot trying experiments as to the best method of getting rid of the mice. When the agents of the department had learned how the mice could be most easily destroyed they published an account of their work and this account was sent to the farmers of the mouse- ridden district. The department, you observe, did not undertake to kill the mice for the farmers, but it did undertake to furnish them with information as to how they might best rid their fields of the mice. This is an illustration of the hundreds of ways in which the depart- THE NATIONAL EXECUTIVIO DEPARTMENTS 197 mont of Agriculturo helps farmers by sending out informa- tion. A most important service of the department is that per- formed by till' Weather Bureau. This bureau studies the winds and the clouds and makes forecasts of the weather. Those forecasts are made in about 200 difTerent places lo- cated ill :ill parts of the United States, the central office of course being in Washington. The forecasts are sent hither and thither by mail, by telephone, and by telegraph, to different points, so that the peoj^le may be warned of coming changes in the weather. The Bureau of Animal Industry is a most important bureau of the department. It investigates the diseases of cattle and horses and swine and gives information to farmers as to how these diseases may be prevented. It also has charge of the inspection of such animals, meats, and meat-food products as are intended for shipment from one State to another. Other bureaus of the Department of Agriculture are: the Bureau of Entomology, which gathers and distributes information regarding insects which are harmful to crops and trees; the Bureau of Biological Survey, which makes a stutly of birds with the view of learning what birds are the farmer's friends and wiiut birds are his enemies; the Bureau of Plant industry, which studies plant life, and distributes seeds to farmers. The Department of Commerce and Labor was the last of the great executiv(' (lei)artments to be established; it was created in 1903. It is the duty of this department to 198 NATIONAL GOVERNMENT foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, shipping, and fish- ing industries, the labor interests, and the transportation facilities of the United States. The prominent bureaus of the department are: the Bureau of the Census, which takes every ten years a cen- sus of all the people; the Bureau of Corporations, which gathers for the use of the President and of Congress infor- mation about the great business concerns that are engaged in commerce between the States; the Bureau of Labor, which gathers information concerning the wages, the hours of labor, and the living conditions of workingmen; the Bureau of Fisheries, which propagates useful food fishes, and lobsters, oysters, and other shellfish. Executive Work Outside the Departments. — Some of the work of the National Government has not been brought under the supervision of any of the nine great departments. The Interstate Commerce Commission is outside the control of any department. This body is composed of seven mem- bers appointed by the President at a salary of $10,000 per year. The duty of the commission is to exercise a certain control over railroads carrying freight and passengers from one State to another. It requires that the railroads in their charges for carrying passengers and freight shall not charge one person more for a given service than is charged another person for the same service. The commission also, upon the complaint of a passenger or shipper of goods, may do away with a passenger or freight rate which it regards as unjust or unreasonable and may fix a new rate THE NATIONAL EXECUTIVi: DI'.rARTMENTS l'.)9 i \Mh^(^ which it reganls as just and roasonal)lo. This power of the commission over railroad rates makes it one of the most imj)ortant agencies of the National Government. Outside of any department also are: The Civil Service Comtnission, consisting of three members whose duties have been described (p. ISO); the great Government Print- ing Office, where un- der the direction of the Public Printer nearly 5000 persons are constantly em- ployed in printing and binding count- less documents for the National Gov- ernment; the Smith- sonian Institution, which carries on scientific experi- ments and which has charge of the National Museum and the Zoological Gardens. Last, but not least, the Library of Congress is outside the control of any department. This library at first was in- tended simply for the personal u.'»c of members of Congress, but it has become a national institution and its 2,000,000 volumes are at the service of the people of the United |ljt|l±t^g "'-^, An Alcove in the Congressional Library 200 NATIONAL GOVERNMENT States. The collection has been housed in a building of surpassing beauty, and scholars and readers from all parts of the country can be found in its alcoves availing themselves of its precious treasures. QUESTIONS AND EXERCISES 1. Of the nine executive departments of the National Government which renders the most important service? Which stands second in the importance of the service it renders? Which stands third? Which fourth? 2. To what department or bureau would you take each of the follow- ing matters: (a) A claim for a pension. (6) A claim for a tract of public land. (c) An application for a patent. (d) An application for information concerning admission to the Naval Academy. (e) A request for information regarding the best method of curing a disease in cattle. (/) A complaint in respect to a freight rate. XXXV. TERRITORIES AND DEPENDENCIES Introduction. — The National Govcriiineiit has always had under its control large areas of territory that have been governed entirely according to the wishes of Con- gress. At the beginning of our national history the great Northwest Territory, out of which have been carved Ohio, Indiana, Illinois, Michigan, Wisconsin, and a part of Minne- sota, was governed by Congress, The great region known as Louisiana, which was purchased from France in 1803 and which gave to the Union a dozen States, was at first governed as a territory dependent upon Congress. In fact, of the thirty-three admitted States all but six — Vermont, Kentucky, Maine, Texas, California, and West ^'irginia — were governed by Congress as Territories before they came into the Union as States. The Organized Territories. — Congress has provided simi- lar forms of government for Arizona, New Mexico, and Hawaii. Each has a Governor appointed by the President for a term of four years; each has a secretary also ap- jiointed by the President; each has an elective Legislature resembling that of a State Legislature; each has a system of local government resembling that found in the States; each has a number of territorial judges appointed l)y the President; each .sends to the House of Representatives at Washington a i!el(^gate who has a right to speak but who iias not the right to vote. Although the Legislature of 201 202 NATIONAL GOVERNMENT each of these Territories is elected by the people, yet the Governor has a veto upon all bills and that veto cannot be overruled by the Legislature as it can in the States. The Governor can thus prevent the passage of any law. In respect to laws that have already been enacted Con- gress has complete power; it can at any time do away with any law that the Legislature has passed. In this way the National Government keeps a firm hand upon these three Territories. Alaska.— The vast region of Alaska came to us in 1867 by purchase from Russia. It is governed by Congress somewhat in the way the three Territories mentioned above are governed. It has a Governor, a secretary, and judges who are all appointed by the President. It has, however, no Legislature, the laws governing it being enacted directly by Congress. It has a delegate in the House of Representatives. Our Island Possessions. — Through the war with Spain in 1898 the United States gained possession of Porto Rico and the Philippine Islands. The duty of governing these islands rests upon Congress. For Porto Rico Congress has provided a Governor, a secretary, an attorney-general, a treasurer, an auditor, a commissioner of the interior, and a commissioner of education, all to be appointed by the President and all to hold their ofRce for a term of four years. This executive department, it will be noticed, re- sembles very closely the executive department of a State government. The Legislature of Porto Rico has two branches. The lower branch is elected by the people, but ti:rritorii:s and dependencies 203 the upper branch consists not of elected representatives, but of eleven appointetl members, inclutiint:; the six execu- tive officers below the Governor and five other persons also appointed by the President. The principal judges of the island arc appointetl by the President. Porto Rico has no delegate in Congress, but it sends to Washington a commis- sioner who by the grace of the House of Representatives is permitted to speak in that body. For all practical purposes, therefore, the commissioner in reality has as much power as a delegate from a Territory. For the government of the Philippine Islands Congress has created an executive department consisting of a Gov- ernor-General, a secretary of the interior, a secretary of commerce and police, a secretary of finance and justice, and a secretary of public instruction, all to be appointed by the President and confirmed by the Senate. The Legislature of the islands is almost precisely like that pro\'ided for Porto Rico: the lower house is elected by the people and the upper house consists of the executive offi- cers named above and four members appointed by the President. The Philippine Islands send two commissioners to Washington. Although Porto Rico and the Philippine Islands belong to the United States, the people of those islands are not citizens of the United States and do not enjoy all the rights and privileges of American citizenship. It is the policy of the National Government, however, to treat these people fairly, and as a matter of fact they enjoy most of the civil rights that Americans enjoy. 204 NATIONAL GOVERNMENT The District of Columbia. — Under the Articles of Con- federation Congress had no fixed home and at times it was treated badly in the places in which it held its ses- sions. It will be remembered that in Philadelphia Con- gress was once attacked by a crowd of drunken soldiers. The framers of the Constitution provided that the Na- tional Government should have a district (not exceeding ten miles square) for its permanent home and that in this district Congress should have complete control. In 1790 a tract of land on the Potomac River was chosen as the site for the new seat of government and was named the District of Columbia. Congress has governed the District of Columbia now in one way, now in another. At present (1908) the District is governed by a Board of Commissioners appointed by the President. These Commissioners act as an executive body to do the will of Congress, which makes the laws of the District. Judges of the courts of the District are appointed by the President, Since the District of Columbia is prac- tically the city of Washington the District government is a city government with the usual departments of serv- ice that must be rendered by a city (p. 113). In the management of the affairs of their city the people of Washington have no responsibility whatever and no power whatever. The District of Columbia has no dele- gate in Congress, or commissioner, or representative of any kind. Of all the dependencies of the United States the District is the only one in which there is no provision whatever for the expression of the popular will. The in- TERRITORIES AND DEPENDENCIES 205 habitants, luiwcvcr, aro of course ritizons of tlic rnitcd States. QUESTIONS AND EXERCISES 1. Prepare a table showing the population and area of each of the Territories and ilependencies and give the total. 2. Of our Territories and dependencies name those that are likely to become States. 3. If you lived in the city of Washington do you think you would hke the way it is governed? 4. Give an account of the government of Guam; of Samoa, 5. Write a composition on the city of Washington, describing its location, its streets, its buildings, and its attractions. XXXVI. THE NATIONAL COURTS "The Supreme Court is the living voice of the Constitution, that is, of tlie will of the people expressed in the fundamental law they have enacted. It is the conscience of the people who have resolved to re- strain themselves from hasty or unjust action by placing their repre- sentatives under the restriction of a permanent law." — James Bryce. The Kind of Cases Tried in the National Courts. — The third article of the Constitution describes the powers and the nature of the judicial department of the National Gov- ernment. The courts of a State try those cases that arise under the laws and constitution of the State, while the courts of the National Government try those cases that arise under the Constitution of the United States, and the laws passed by Congress. A man charged with the crim-e of burglary would be tried in one of the courts of the State in which the crime was committed; for the laws against burglary are passed by the Legislatures of the States. A man charged with counterfeiting money would be tried in one of the national courts; for the laws against counterfeiting are passed by Congress. A person charged with breaking a street lamp would be tried in a State court, for his offense concerns a State; but a person charged with robbing a letter box attached to a lamp-post, would be tried in a court of the United States, for his offense concerns the National Government. Again, the national courts may try those cases that arise 206 THE NATIONAL COURTS 207 between citizens of different Stat(.•^, il eiliiur puiLy lu liiu case so desires. Also when a dispute arises between two States, it is settled, not in a State court, but in the national court. If such a case were left to the courts of one of the States to be decided, the other State, if the decision went against it, would in all probability be dissatisfied. Still another class of cases tried in the national courts consists of those in which one of the parties is a foreigner. If a foreign country has a grievance against a citizen or against one of the States it may try its case in the courts of the United States, for the nation and not the State is re- sponsible to foreign governments. Likewise, if a citizen or a State has a grievance against a citizen of another country, the suit may be brought in a national court. In the case of ambassadors and their families and attendants, when any trouble arises, the matter must be taken directly to the Supreme Court of the United States. Under this rule, if a servant of an ambassador should steal a pound of sugar or should be charged with disorderly conduct, his case would have to be tried before the highest court of the United States. This great respect is shown to foreign ministers in order to avoid giving offense to the govern- ments whioh they represent. The Four Grades of National Courts.— For tlie trial of such cases as have just been mentioned, the government of the United States supports a system of courts somewhat similar to those supported by a State. The judges of all these courts arc appointed by the President and they all hold their ofhce for life. 208 NATIONAL GOVERNMENT The lowest court of the system is the (1) District Courl,^ which is presided over by a District Judge. In every State there is at least one District Court. The larger and more populous States have two or more District Courts; altogether there are more than eighty District Judges in the United States. These lowest courts try all crimes committed against the United States, except those punishable by death, and they try such civil cases as may properly be tried in national courts. When a case has been tried in the District Court and either of the parties to the case is not satisfied with the result, it may be taken, that is, appealed, either to the Supreme Court of the United States, or to the Circuit Court of Appeals, a court established in 1891 to do part of the heavy work of the Supreme Court. An appealed case is carried to the Supreme Court (a) when it involves a question of jurisdic- tion^ that is, a question as to what court the case ought to be tried in; (h) when it involves the construction of the Constitution of the United States; (c) when it involves a question of the constitutionality of a law, that is, whether the law, State or national, agrees with the Constitution of the United States; (d) when it is a case of conviction for some great crime ; (e) when it involves the construction of a treaty. In other cases than those mentioned, an appeal must be taken from the District Court to the Circuit Court of Appeals. ^ The pupil should be careful not to confuse the District and Cir- cuit Courts of the National system with those courts of the same name in the State system. THE NATIONAL COURTS 20r» Next to the District Court is the (2) Circuit Court, which may be presided over by the District Judge, by a Circuit Judge, by a Justice of the Supreme Court, or by two of these men together. The whole United States is di\4ded into nine circuits, and each circuit has two or more Circuit Juilges and one Justice of the Supreme Court. Circuit Courts try those civil cases where a sum of money greater than SoOO is involved. They also try those suits that arise under patent and copyright laws. An appeal from a decision in a Circuit Court is governed by the rules that are followed in an appeal from the District Court; sometimes it will be taken to the Supreme Court, some- times to the Circuit Court of Appeals. The Circuit Court itself never hears appeals. In each of the nine circuits there is a (3) Circuit Court of Appeals. This court, consists of three judges selected from the Circuit Judges and the District Judges within the circuit, except that one of the three may be the Jus- tice of the Supreme Court who is assigned to the circuit. A judge, however, who has tried a case in the District or Circuit Court cannot sit at the trial of the same case in the Circuit Court of Appeals. It is a general rule of justice that a judge who has taken part at the trial of a case in a lower court cannot take part in the trial of the same case in an upper court. The Circuit Court of Appeals tries only those cases that are brought to it upon appeal from the District Court and the Circuit Court. The highest court in the United States system is the (4) Supreiyie Court, which sits at Washington. It consists of F. Civil Govt.- 14 210 NATIONAL GOVERNMENT a chief justice and eight associate justices. In cases af- fecting ambassadors and consuls, and those in which a State is a party, it has original jurisdiction. This means that these cases must be tried for the first time in the Su- preme Court. The chief business of this great court, how- ever, is to try the cases that are appealed to it from the lower courts. The Supreme Court is the most exalted and in some respects the most powerful body in the United Supreme Court in Session States. It acts as the guardian of the Constitution. If Congress or the Legislature of a State passes a law that conflicts with the Constitution of the United States, it de- clares that law null and void. If a State Court renders a decision that conflicts with the Constitution or with a law of the United States, the Supreme Court may overrule the decision. It may pass judgment upon all questions of law or of fact that are appealed to it and that it chooses to consider. Tin: NATIONAL COURTS 211 QUESTIONS AND EXERCISES 1. Name three of the most important decisions tliat Ii;ivc been made by the Supreme Court in the iiistory of our country. 2. Name two of the most celebrated men wlio liave served as Chief Justice of the Supreme Court. 3. Study the third article of the Constitution for answers to the following questions: (a) How long does a judge of a federal court hold odice? (6) Can Congress reduce the salaries of the present judges? (c) In what court would a charge against a consul of a foreign coun- trj' be brought? (J) In what court would a man be tried for robbing a post office? (c) In what court would a suit between a State and a citizen of a for- eign country be tried? 4. Use the words "State" and "federal" properly in the following passage: There are less than a hundred and fifty judges, and there are many thousands of judges. "A large majority of the cases at law are tried in courts. If only laws arc involved in the case, the courts can have nothing to do with it. Ordinary crimes, such as assaults, theft, and murder, can be tried only in courts. In like manner nearly all cases arising in the administration of school laws, laws concerning paupers, highways, taxation, the laws for the gov- ernment of cities and the holding of elections, are triable in the courts alone. It is only when some provision of the constitution, or some act of the United States Government is involved that a court can act." — Maqj. XXXVII. TAXATION: THE PROPERTY TAX "Taxation without representation is injustice and oppression." — Burke. Introduction. — The expenses of government amount to a vast sum of money. The salaries of officers and employees have to be paid, large public buildings have to be erected, roads and streets have to be built and kept in repair, a costly system of public schools has to be sup- ported, vast fleets and armies have to be maintained. The money necessary to pay for all this comes from the pockets of citizens in the form of taxes. In this lesson and in the next you are to learn how government exercises the power of taxation, how it compels citizens to con- tribute money for the support of government Taxation a Power of the Lawmaking Department. — Which of the three great departments of government has the power of taxation? This power belongs to the law- making department and to it alone. A Mayor, a Gov- ernor, a President, a Judge, cannot raise a single penny by taxation. Americans will pay only such taxes as they themselves in person have agreed to pay or such as their representatives in a legislature or lawmaking body have ordered to be paid. The City Council levies the city tax, the State Legislature levies the State tax, and Congress levies taxes for the support of the National Government. 212 TIIK PIIOPKRTY TAX 213 Not only docs the lawmaking branch have the power of raising money by taxation, but it also has the power of directing how that money shall be spent. The executive branch, it is true, actually spends the money raised by taxation, but it must spend this money precisely as the legislature directs. The legislature orders a certain sum of money to be collected from the people and placed in the public treasury and then it prescribes the manner in which that money is to be taken out and spent. Thus the power of the purse is given outright to the legislative department. In our study of the powers of government few facts have greater importance than this. The Property Tax,— A very large part of the money raised by taxation is collected from property owners who are compelled to pay the tax because they are property o^Tiers. The rule followed in laying taxes on property is this: The more property a man owns the greater must be his share of the tax. For purposes of taxation property is regarded as being of two kinds: (1) real property, which includes lands and buildings on land, and (2) personal property, which in- cludes such things as household furniture, money, goods, bonds, stocks, mortgages, jewels, horses, carriages, and farming implements. In most of the States there are certain kinds of prop- erty that are free from the burden of taxation. Thus, churches, cemeteries, schoolhouses, free liliraries, charitable institutions, and all public buildings, arc exempt from taxation. Likewise, in many States, household furniture 214 TAXATION worth no more than two or three hundred dollars is not taxed. How Each Taxpayer's Share is Determined. — A tax collector presents to your father a tax bill, calling for, let us say, S33.50. How was this bill made out? How was it determined that your father should pay to the support of the government just S33.50, no more, no less? Let us try to get an answer to this question. Let us suppose that you live in a town, and that it is your town government that has sent the bill. The first step taken is to determine how much money is needed. It is found that the town needs For its schools, police, streets, waterworks, and other ex- penses of Town Government S40,000 For taxes due to the County Government 6,000 For taxes due to the State Government 4,000 Total amoimt of taxes to be raised S50,000 This S50,000 must be paid by the property owmers of the town. In order to distribute the burden fairly, one or more Assessors visit all the houses and places of business in the towTi, and place upon every man's prop- erty what they think is a fair valuation. Thus they find that A has a house worth $3000 and furniture worth $500, or property worth in all $3500. B is found to own a factory worth $75,000 and goods worth $25,000. He is, therefore, assessed at $100,000. C owns buildmg lots worth $2000 and horses and carriages worth $500. C's property, therefore, is put down on the Assessors' list at $2500. D owns a little house which the Assessor thinks THE PROPiniTY TAX -'15 is worth S400; his furniture is so scanty that no value is put upon it, and it escapes taxation. Your father's prop- erty, we will suppose, is placed on the Assessors' list at S1675. In this way the value of the property of every taxpayer in town is estimated by the Assessors and put upon the assessment list. By adding together the fortunes of A, B, C, D, etc., the entire value of all the property in the town is found. Let us suppose that this amounts to $2,500,000. You remember that the amount to be raised by taxation is SoO,000. Now if property worth S2,500,000 must pay S50,000 in taxes, property worth one dollar must pay two cents in taxes. Every man in the town, therefore, must pay two cents in taxes for every dollar's worth of property he owns. This two cents, or 2%, or .02 is called the rate of taxation. A will pay . . S 3,500 X .02 . . S 70.00 in taxes, B will pay . . 100,000 X .02 . . 2000.00 in taxes. You now see why your father's tax bill is S33.50. The Collection of Taxes. — After the tax bills are made out, the Ta.r Collector collects the taxes from the owners of property and turns it over to the treasury of the town government. The Town Treasurer sends to the County Treasurer the share that belongs to the county, and to the State Treasurer the share that belongs to the State, and retains what is left for the expenses of tho town gov- ernment. When a man refuses or negh'cts to pay his tax, the law will compel him to pay. The Tax Collector must collect the taxes, even if he is obliged to sell the property 216 TAXATION to get them. ^Vhen land is sold for taxes, the owner may- regain the land by paying to the purchaser within a speci- fied time the amount of the taxes with interest. QUESTIONS AND EXERCISES 1. When a property owner thinks his property has been assessed too high, he may complain to the Assessors, and if these officers think his complaint is just, they will reduce the assessment. Suppose the owner thinks his property has been assessed too low; should he go to the Assessors and request them to make the assessment larger? If a man should send you a bill for three dollars when you know you owe him five dollars, would you call his attention to the mistake? Should we be as honest with the government as we are with our neighbors? 2. How is the money for the support of your school raised? WTio is the largest taxpayer in your school district? Does he get more benefit from the government than any other man in the district? 3. Name some of the retm-ns taxpayers get for the money they pay to the government. 4. Is wheat in a barn real property or personal property? 5. What is the tax rate in your town? In your county? In your State? 6. Name the kinds of property in your State that are exempt from taxation. (Examine your State constitution.^ XXXVITT. OTHER TAXES "The taxes are indeed very hea%y, and if those laid on by the govern- ment were the oidy ones we had to pay we might more easily discharge thoni; but we have many others. We arc taxed twice as much by our idleness, three times as much by our pride, and four times as much by our folly.'' — Benjamin Franklin. The Income Tax. — Besides the general property tax, there are several other kinds of taxes. Important among these is the income tax. An income tax is laid upon a man's salary, or upon the profits of his business, without reference to the amount of property he owns. A certain rate is determined upon by the government, and every man must pay according to his income. If the rate is 3%, and a man's salary or the profit of his business is $3000, then he must pay $90 as his income tax. In a progressive or graduated income tax the rate grows larger with the income. Tims the rate might be 3% for all incomes under SOOOO; 4% for all incomes between S5000 and $10,000; 5% for all incomes between SIO.OOO and $50,000; S% for incomes between $50,000 and $100,000; 10% for .ill in- comes over $100,000. Do you think a progi-essivc income tax is just? If a man witli an income of $2000 a year has to pay a tax of $00, whicii is I'airor for a man with $20,000 a year income — to ])ay $000 or $1000? The Inheritance Tax is laid on j)roperty whirli a jxTson receives as an inheritance from parents or other relatives 217 218 TAXATION or which is left to a person by a will. Where there is an inheritance tax children or relatives must pay the tax before they can take possession of the property left them by their parents or other kinsmen. The rate of the in- heritance tax is often progressive or graduated, that is, the larger the inheritance the greater the rate of tax. The rate is often less for near relatives than for other people. Inheritance taxes are collected in three-fourths of the States. Licenses ; Fees. — A license is a privilege granted by a government permitting one to engage in a certain occupa- tion or to perform a certain act. For granting a license the'government usually charges a sum of money. The liquor license permits the holder to sell liquor; the merchant's license permits the sale of goods; the marriage license permits the marriage of the couple to whom it is granted. A fee is a small sum paid to an officer of the government for the performance of some public service. Thus if 5^ou wish to get a deed to land properly recorded, you will have to pay the recording officer a small fee. Poll Tax. — This word j)oll means head; a poll tax, therefore, is a tax upon the man and not upon property. It is usually a small sum. A male citizen above the age of twenty-one must pay this tax, although he has no property at all. Not all the States have a poll tax, but usually where there is such a tax, it must be paid before the citizen is allowed to vote. The poll tax is not popular in the United States, and in some of the States it is for- bidden entirely. OTHER TAXl':S ^V.) The Franchise Tax. — A jranchise is a special privilege given by goveniiiR'iit to a ])orsnn or tn a body of i)ersons. For example, the right to use tiie streets of a city for a railway is a franchise; the right to lay pipes for supplying a city with gas is a franchise. Such franchises as these are sometimes extremely valuable. For example, here is a street railway comj^any whose cars and rails and wires and power houses are worth a million dollars but whose franchise — the right to use the streets — is worth two millions of dollars. In some States such a company would pay two taxes, a property tax on the power houses, cars, etc., and a franchise tax for the privilege of using the streets. Duties and Excises. — The taxes thus far describcfl, the property tax, the income tax, the inheritance tax, and the franchise tax, are usually collected for the sup- port of town, city, county, and State governments. But the great government of the United States w'hich has its seat at Washington must also be supported. And it takes an immense sum of money to support our National Gov- ernment. The salaries of several hundred thousand offi- cials and the pensions of about a million old soldiers antl soldiers' widows must be paid; costly public build- ings in Washington and custom houses and post offices in large cities must be built; expensive warships and forti- fications must be maintained; an army and a navy must be supported. To do all this requires over S00(),()()0,000 a year. For the support of the National Government Congress orders the collection of duties or excises. 220 TAXATION A duty is a tax or tariff laid upon goods that are im- ported into this country from foreign countries. This tax is paid to government officers by the merchant who imports the goods. But the merchant does not bear the burden of the tax. If he is compelled to pay a duty of 75 cents per yard upon silk which he imports from France, this 75 cents is added to the first cost. If, without a duty, he could sell his customers French silk for $1.50 per yard at a profit of 10%, with a duty of 75 cents, he sells them the silk for $2.32 per yard. It is, therefore, the customers who pay this duty, or tax. Excises are taxes paid by manufacturers upon goods made in this country. Thus the taxes upon liquors, to- bacco, and cigars are excises. An excise tax, like a duty, is paid by one person, but the burden is usually shifted to another. If a tobacco manufacturer is compelled to pay a tax of 50 cents upon every box of cigars he makes, he counts this as a part of the cost, and charges his cus- tomers accordingly. Duties and excises are called indirect taxes, because the real burden of these taxes does not fall directly upon the people who pay them, but indirectly upon some one else. Excises and duties are laid upon such articles as beer, tobacco, sugar, tea, coffee, woolen goods, cotton goods, leather, iron, tin, etc. From this we see that every- body who wears clothes and consumes food, that is, the whole population, contributes something to the support of the National Government. Eminent Domain. — Closely related to the govern- OTHER TAXES 221 mciit's right of taxation, is its right of "(Mninciit (l(jniiiiii." By this is meant its right to tako private property for pubHc uses. If the government wishes to use your house for a post office, or if it desires to run a street through your garden, or a road through your field, you have not the power to prevent it. Yet the government must pay you a fair price for your property, and it must not compel you to part with it unless it can be shown that it is for the public good that you should do so. QUESTIONS AND EXERCISES 1. Do all citizens have to pay taxes? Think well before you answer this question. ?.. What kind of taxes are paid without those who pay them seem- ing to know it? What kind of taxes do they pay most cheerfully? 3. Has taxation ever been a cause of war? 4. How arc churches supported? 5. How are duties collected? 6. Is a poll tax a just tax? Is there a poll tax in your State? 7. What is meant by "smuggUng"? 8. Is an income tax that exempts all incomes under $1000 just? 9. For what do people pay taxes most cheerfully? 10. How may a city acquire land for a park? INDEX Agriculture, Department of, 178; organization of, 196. Alaska, 202. Aliens, 34, 48. Ambassadors, 183. Amendment to Constitution, of State, 123; of United States, 155. Anarchists, 36. Animal Industry, Bureau of, 197. Articles of Confederation, 151. Assembly, right of, 42. Assessors, 90, 97, 101, 214. Attainder, bill of, 166. Attendance of pupils, 29. AttorHev-General, of State, 141 ; of the United States, 188. Auditors, of county, 90; of State, 141; of township, 101. "Australian System," 51. Bail, 44, 145. Ballot, 50-52. Banks, supervision of, 192. Biological Survey, Bureau of, 197. Bonds, 162. Boroughs, 105. Bribery, 52. Cabinet meetings, 178. Census, Bureau of, 198. Charter, the municipal, 105-107. Checks and balances, 73-78. Children, 20-22. Chinese, 36. Circuit Court, of State, 145; of United States, 209. Circuit Court of Appeals, 209. Citizen, meaning of word, 33. Citizenship, 33-59. Citv charter, 106. City Council, 109-112. Civil cases, 149. Gyil rights, 37-45. Civil service, of the National Gov- ernment, 179. Civil Service Commission, 179. Clerk, of county court, 89; of town, 97; of township, 101. Commerce, regulation of, 162. Commerce and Labor, Department of, 178, 197. Committees, legislative, 129. Common Pleas, Court of, 145. Comptroller, State, 141. Comptroller of the Treasurj', 191. Confederation, Articles of, 151. Congress, powers of, 162-167; the two houses of, 156; what it maj' not do, 166-167. Constables, 97, 101. Constitution, meaning of the word, 120; of State, 120-124; of the United States, 153-155. Constitutional Convention, State, 122. Constitutional Convention of 1787, 152. Constitutions, how changed, 123; how made, 122. Construction and Repair, Bureau of, 186. Consuls, 184. Conventions, party, 169-171. Copyrignt, 163. Coroner, 89. Corporations, Bureau of, 198. Counterfeiting, 163. County, 85-91. County Commissioners, 87. Court-martial, 186. Courts, National, 206-210; four grades of, 207-210; kind of c'ases tried in, 206, 207. Courts, State, 144-149. Criminal cases, 149. Criminals not allowed to vote, 48. Customs duties, 190. Declaration of Rights, 121. Defendant, 148. Defense of country, 56. Democracy, a govcrnnient of justice, 65; a government of reason, 62- 65; defined, 62; pure, 67; repre- sentative, 67. Departments of government, the three great, 73-77; independence of, 77. Departments of the National Gov- ernment, the nine executive, 176- 178. Dependencies, 202. 222 INDEX 223 District Attomcv, of tlio rountv, 88; of the United States. 207." District Court, State, 145; United States. 2()S. District of Uolumbia. 1G5, 204. Due proci-ss of law, 44. Duties, of citizens, .'j.5-59; of teach- ers and pupils, 29-32 ; of voters, 58. Duties, on exports. I(i7: on itnjiorfs, 220. Education, 21, 48; National Com- missioner of, lUG. Elections, 50-54. Electors, presidential, 171-173. Eminent donuiin, 220. Engra\-ing and Printing, Bureau of, 192. Entomology', Bureau of, 197. Equipment. Bureau of, 187. Ex post facto law, 166 Excises, 220. Family. 19-23. Fees. 218. Fisheries, Bureau of, 198. Franchise Tax, 219. General Staff, 185. Geological Survey, 196. Government, democratic, 62; mean- ing of the word, 11; representa- tive, 68; the services of, 13, 83; the three grades of, 80. Government Printinii Office, 199. Governor, 133, 138-140. Habeas Corpus, 38, 166. Hou.se of Representatives, National, 156-158; State, 76. Husband and wife, 19. Lliot.-?, 48. Imbeciles, 48. Impeachment, 142. Inauguration, 173. Income t;ix, 217. Indian Affairs, Office of, 194. Inheritance Tax, 217. Initiative and referendum, 133- 134. Interstate Commerce Commission, 162, 198. Japanese, 36. Judge .Atlvocate-General, 186. Judicial Department, 74. JuT)', 44; grand, 146; petit, 147. .Justice, Department of, 188. Justice of tnc Peace, 101, 144. Labor, Bureau of, 198. Land OHice, 194. Laws. 13, 55; how made, 131-133, 1.59. Legislative Department, 74-76. Legislature, State, branches j>f. 126; election of members of, 127; or- ganization of, 128; when it meets, 12.5. Library of Congress, 199. Licenses, 218. Lieutenant Governor, 129, 140. Life-saving Service. 192. Local self-government, 80-84. Lunatics, 48. Majority, 53; rule of the, 60-66; tyr- anny of, 65. Marc^ue and reprisal, 164. Marriage, 19. Marshal, 18S. Mayor, 112. Me.s.sage, of Governor, 139; of the President, 175. Military Academy, 186. Militia," 165, 185. Ministers, 183. Mints-, 192. Moderator, 95. Money, 163, 191. Municipal Government, 103-114; ser\'ices of, 113. Naturalization, 35, 163. Naval .\ca(lemy, 186. Navy, Department of, 177; organ- ization of, 186. Nobility, title of, 167. OfTice, right of hfdding, 53. Ordnance, Bureau of, \Xl . Ordnance, Chief of, 186. Overseers of the poor, 97, 101. Pardon of criminals, 139, 175. Parents and childrcii, 20-22. Patent Office, 194. Patents, 163. Paupers, 49. Pensions, 195. People, iK)wer of, 60. Personal liberty, 38. Personal security, 37. Petition, right of, 4.3. Philippine l.slands, 203. 224 INDEX Piracy, 164. Plaintiff, 148. Plant Industry, Bureau of, 197. Plurality, 53. Political rights, 46. Poll tax, 47, 167, 218. Polls, the, 51. Porto Rico, 202, Ports of entry, 190. Post Office Department, 177; or- ganization of, 193. Post Offices, 163. President of the United States, 36; election of, 171-174; nomination of candidate for, 168-171 ; powers and duties of, 175-177; who shall succeed, 165. Press, right of freedom of, 42. Primary election, 170. Probate court, 90. Property, 39, 47. Property tax, 213. Pro.secuting attorney, 88, 146. Protection, right of, 43, 45. Pupils, rules governing, 28-29; du- ties of, 29-30. Quartermaster-General, 185. "Recall," 72. Reclamation Service, 196. Recorder of deeds, 90. Register of deeds, 90. Register of the Treasury, 191. Registrars, 49. Registration, 49. Religious freedom, 41. Representation, rule for, 71. Representatives, how apportioned, 71; in Congress, 156-158; in the State Legislature, 127; short terms of, 69. Residence of voters, 47. Rights, civil, 37-45; political, 46. Salaries, 180. School government, 24-32. School officers, 25. Secretary of State, 140, 177. Selectmen, 96. Self-control, 15-17. Senate, 76; of State, 126; of United States, 158-159. Sergeant-at-arms, 128. Sheriff, 88. Slavery, 166. Smithsonian Institution, 199. Solicitor, city, 103; county, 88. Speaker, 128, 158. Speech, freedom of, 41. State, Department of, 177; organiza- tion of, 182-185. State, the, 116-119. States, the admitted, 118; the origi- nal, 118. Suffrage, 46-48; woman, 47. Superintendent of schools, county, 91; State, 141. Supervisors, county, 87; township, 100. Supreme Court, of State, 148; of the United States, 209. Tardinefss, 28. Tax collectors, 97, 215. Taxation, a power of the lawmak- ing department, 212; women rep- resented in matters of, 47. Taxes, direct, 167; franchise, 219; how taxpayer's share of is deter- mined, 214; income, 217; poll, 218; property, 213. Teacher, 26, 31. Territories, 201-202. Town, government, 93-98; meet- ing, 95; officers, 96. Township, government, 99-102; meetings, 100; officers of, 100. Treasurer, of county, 90; of State, 141 ; of town, 97. Treaties, 175. Truancy, 29. United States, a representative democracy, 68. Veto, power of, 76. Vice President of the United States, 36. Village, 105. Voters, duties of, 59; qualifications of, 46-48. War, Department of, 177; organ- ization of, 185-186. War College, 186. Washington (City), 204. Weather Bureau, 197. Weights and measures, 163. Wife, 19. Women as voters, 47. Yards and Docks, Bureau of, 186.