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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/6460.txt b/6460.txt new file mode 100644 index 0000000..b199f9d --- /dev/null +++ b/6460.txt @@ -0,0 +1,24592 @@ +The Project Gutenberg EBook of Problems in American Democracy +by Thames Ross Williamson + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: Problems in American Democracy + +Author: Thames Ross Williamson + +Release Date: September, 2004 [EBook #6460] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on December 16, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK, PROBLEMS IN AMERICAN DEMOCRACY *** + + + + +Etext prepared by Scott Pfenninger, Charles Franks and the Online +Distributed Proofreading Team. + + + +PROBLEMS IN AMERICAN DEMOCRACY + +BY + +THAMES ROSS WILLIAMSON + +ASSISTANT PROFESSOR OF ECONOMICS AND SOCIOLOGY IN SMITH COLLEGE; +EDITOR OF "READINGS IN AMERICAN DEMOCRACY." + + +_Problems are the growing pains of civilization, offering +opportunities for personal achievement and pointing the way to +national progress._ + + + + + +TO + +My Mother + +WHOSE NAME APPEARS IN NO HALL OF FAME, BUT WHOSE LIFE IS AN UNBROKEN +RECORD OF SERVICE TO HER HOME AND TO HER COUNTRY [Blank Page] + + + + + +PREFACE + +There is an increasing demand for a textbook which will bring the +student into direct contact with the great current issues of American +life, and which will afford practical training to those who soon must +grapple with the economic, social, and political problems of our own +time. It is with the hope of meeting such a demand that this text has +been prepared. + +The plan of the book calls for a word of explanation. It is poor +pedagogy to expect the student to attack the defects of American life, +and at the same time to place in his hands a book which deals +predominantly with the mechanism of government. As well send a boy to +a hardware store to buy tools before he is told whether he is to make +a mouse-trap or a boat. Furthermore, to spend much more time on the +mechanism of government than on the actual problems of democracy is a +mistake in emphasis. Government is a means, not an end. It is a tool +by means of which we attack and solve our problems. + +Therefore the student of this text begins, not with the mechanism of +government, but with the historical background of American democracy, +its origin, development, and promise for the future. Following this is +a brief survey of the economic life of the nation, because that +economic life constitutes the fundamental basis of our problems. +Considerable space has been devoted to a problem growing directly out +of economic conditions, _i.e._ the question of social justice or +industrial reform. This is the most pressing question before any +modern people, but strangely enough one which heretofore has been +neglected by our schools. + +Because they tend to arise primarily from a bad economic situation, +such social problems as industrial relations, health in industry, and +immigration are next considered. From social problems the text passes +to the economic and social functions of government, and thence to the +question of making government effective. The mechanism of government +has been placed last, and for the reason already given, _i.e._ because +a knowledge of the framework of government is valuable only after the +citizen knows something of the needs which that mechanism must be made +to fill. + +It has not been easy to compress into a single volume the most +important of our national problems. Obviously, a rigid selection has +been necessary. In this selection the aim has been to discuss the more +important issues of American life, whether economic, social, or purely +political. In dealing with these issues, the attempt has been made to +keep in mind the student's previous preparation; on the other hand, +the civic demands which the future will make upon him have not been +ignored. Some of the problems are difficult, but they are also of +vital importance. Very shortly the student will be confronted, in his +everyday activities, with such puzzling matters as socialism, the +control of immigration, and taxation reform. If the school does not +prepare him to grapple with these questions intelligently, he can only +partially fulfill the obligations of citizenship. + +Throughout the text the aim has been to go directly to the heart of +the problem under consideration. The student is not burdened with a +mass of data which would prove confusing, and which would be out of +date before he is out of school. Instead, an effort has been made to +outline, first the essential nature of the problem, and second the +fundamental principles which affect its solution. Care has been taken +to cultivate the problem attitude, and to encourage the spirit of +independent investigation and open-minded judgment on the part of the +student. + +It goes without saying that the success of this book will depend +largely upon the use which the teacher makes of it. The text aims to +supply the basic facts and the fundamental principles involved in +specific problems, but the teacher must interpret many of those facts +and principles, and ought, in addition, to furnish illustrative +material. The book is not intended to be an encyclopedia, but rather a +suggestive guide. + +The text covers the fundamentals of three distinct fields: economics, +sociology, and government. Sufficient reference and topic work is +offered to enable teachers to expand the text along particular lines. +Thus Part II might serve as a nucleus around which to build up a +special course in economics, while Part III would serve as a basis for +a similar course in applied sociology, if for some reason it were not +feasible to take up other parts of the book. + +Though the text is the result of the coöperative efforts of a +considerable number of specialists, its treatment of the problems of +American life is neither dogmatic nor arbitrary. The effort has been +to treat all of our problems sanely and hopefully, but at the same +time to make it clear that many of these questions are still unsettled +and the best method of disposing of them is yet hotly debated. This +fact has strongly influenced the manner in which the problems have +been treated. + + +TOPICS AND READINGS + +Following each chapter are suggestions for work to supplement the +text. These suggestions are of six kinds, and are intended to meet a +variety of needs. + +A number of easy questions on the text is first supplied. + +Following these is a number of required readings to supplement each +chapter of the text. The student may be asked to read a single chapter +from Williamson's _Readings in American Democracy_, collected and +arranged so as to furnish in compact form and in a single volume +supplementary material which otherwise the teacher would have to find +in a number of separate books. In case the use of the _Readings_ is +not feasible, some or all of the alternative required readings may be +available. + +The required readings are followed by a number of questions thereon. +Questions on the material contained in Williamson's _Readings in +American Democracy_ will be found at the end of each chapter in that +volume; questions on the required readings cited as alternative to +this volume will be found at the end of each chapter in the text. + +Topic work is provided in two groups. Topics in the first group form a +link between the text and the everyday experience of the student on +the one hand, and between the activities of the student's local +community and national problems on the other. The student is called +upon, for example, to investigate the attitude of the local press +toward controversial questions, or to examine the administration of +local charitable relief. Topic work of this sort not only quickens the +interest of the student, but it encourages original investigation and +independent thought. It lets the student know what is going on in his +community, and it informs individuals and institutions beyond the +school that this agency is beginning to connect with the problems of +the municipality, state, and nation. This sort of topic work also +allows the student to test the accuracy of the text, and to interpret +local conditions in the light of broad, national tendencies. + +The second group of topics contains material for report work. In the +case of practically all of these topics, the student is referred +specifically to books and other publications. + +Beginning with Chapter XVIII of the text, the topics are followed by a +series of questions for classroom discussion. Some of these may be +turned into classroom debates. Others allow the student to challenge +statements in the text. A few of these questions have never been +satisfactorily answered by anyone, yet the student must face them in +the world outside the school, and it cannot be time wasted to +understand their content now. + + +ACKNOWLEDGMENTS + +In the preparation of this text the author has received valuable +assistance from a number of sources. Though such assistance in no way +diminishes his responsibility for the shortcomings of the book, the +author desires here to acknowledge the aid extended him. + +The entire manuscript has been carefully worked over and criticized by +Clarence D. Kingsley, Chairman of the Commission on the Reorganization +of Secondary Education. Payson Smith, Commissioner of Education for +the State of Massachusetts offered valuable suggestions in connection +with certain parts of the manuscript. The thanks of the author are +also due to L. L. Jackson Assistant Commissioner of Education for the +State of New Jersey. + +Invaluable aid has been received from numerous members of the faculty +of Harvard University. Parts of the text were read and criticized by +A. Lawrence Lowell, President; Roscoe Pound, Dean of the Law School; +and Paul H. Hanus, Dean of the Graduate School of Education. +Professors Edward Channing and F. J. Turner, and Dr. Marcus L. Hanson +offered valuable suggestions in connection with the historical +chapters. + +In the Department of Economics, helpful criticisms were contributed by +Professors F. W. Taussig, T. N. Carver, O. M. W. Sprague, C. J. +Bullock, W. Z. Ripley, and E. E. Lincoln; and by Dr. E. A. Monroe and +Dr. Mixter. + +Various chapters dealing with social problems were read and criticized +by Professors Richard Cabot, James Ford, R. F. Foerster, and Dr. Niles +Carpenter of the Department of Socials Ethics, as well as by Dr. John +M. Brewer of the Department of Education. Substantial aid was received +from Professors W. B. Munro, A. B. Hart, and A. N. Holcombe; and from +Dr. A. C. Hanford, in the preparation of the chapters on political +problems. + +Professor Edwin R. A. Seligman of the Department of Economics, and +Professor Lindsay Rogers of the Department of Government, in Columbia +University, contributed helpful suggestions. + +Professor Irving Fisher of Yale College read and criticized some of +the material on economic subjects. Professor John L. Silberling at +Dartmouth College went over the chapters dealing with the economic +problems and pointed out numerous opportunities for their improvement. + +Professor Frederick A. Cleveland of Boston University read the +chapters on political problems. Professor Abbott P. Usher of the +Department of Economic History helped with several of the chapters, +while Professor Ernest R. Groves of the same institution kindly +criticized the chapter on Rural Life. + +Henry Lefavour, President of Simmons College, and Sara H. Stites, Dean +of the same institution, read various of the chapters on economic and +social problems. + +Stuart Queen, Director of the Boston School for Social Workers, read +the chapters on social problems, and strengthened especially the +chapter on Dependency. + +At Smith College, the author is indebted to several of his colleagues, +especially, perhaps, to Professors J. S. Basset and Sidney B. Fay of +the Department of History, and to Professors Esther Lowenthal, Julius +Drachsler, Harriette M. Dilla, and to Miss McMasters, of the +Department of Economics and Sociology. + +At Amherst College the author is under great obligations to Professor +J. W. Crook of the Department of Economics, and to Dr. John M. Gaus of +the Department of Government. + +At the Massachusetts Agricultural College the author is indebted to +Kenyon L. Butterfield, President, and to Professor Newell L. Sims, for +help on the chapters dealing with social problems. + +A number of teachers in the West kindly helped with various portions +of the book. At the University of Wisconsin the author is under +obligations to Professors John R. Commons and Donald D. Lescohier of +the Department of Economics. + +A. S. Roberts of the University of Illinois read various of the +historical chapters. + +At the University of Iowa, the author is especially grateful for the +help of Professor F. E. Horack of the Department of Government. + +Professor Charles Ellwood of the University of Missouri read and +criticized the Chapter on the Family. + +Especially valuable were the suggestions which Professor James E. Le +Rossignol of the University of Nebraska offered with respect to the +Chapters on Socialism. + +At Leland Stanford University the author acknowledges his obligations +to Professor Eliot Jones of the Department of Economics. + +In the United States Department of State, the author is indebted to +Arthur N. Young for a critical reading of the Chapter on Single Tax. + +In the United States Department of Labor, the author is under +obligations to John B. Andrews for many suggestions on the Chapter on +Industrial Relations. + +Gifford Pinchot, President of the National Conservation Association, +kindly read and criticized the Chapter on Conservation. + +Edward R. Johnstone, Superintendent of the Training School at +Vineland, N. J., kindly read and criticized several of the chapters on +social problems. + +Edward T. Devine of New York City offered valuable suggestions with +regard to the Chapter on Dependency. + +Owen R. Lovejoy, Secretary of the National Child Labor Committee, +strengthened the Chapter on Health in Industry. + +The Chapter on Crime and Correction was notably improved by the +suggestions of Reginald Heber Smith, member of the Massachusetts Bar, +and author of the admirable _Justice and the Poor._ + +J. P. Warbasse, President of the Coöperative League of America, went +over the Chapter on Profit Sharing and Coöperation painstakingly. + +The Chapter on the Negro was criticized helpfully by Dr. W. E. B. +DuBois, Editor of the _Crisis._ + +W. M. Steuart, Director of the United States Census, kindly supplied +advance figures on the 1920 Census. + +The author is also indebted to Houghton Mifflin Company, Ginn and +Company, and the Macmillan Company, either for advance information on +certain of their new books, or for permission slightly to adapt some +of the material appearing in books copyrighted by them. + +Lastly, the author is grateful to his wife for valuable assistance in +correcting the proof. + +THAMES ROSS WILLIAMSON. + +_Cambridge, Mass._ + +February 7, 1922. + + + + + +CONTENTS + + +PART I--FOUNDATIONS IN AMERICAN DEMOCRACY + + +CHAPTER + + I. The Background of American Democracy + + II. The Origin of American Democracy + + III. The Development of American Democracy + + IV. Essentials of American Constitutional Government + + V. The Problems of American Democracy + + +PART II--AMERICAN ECONOMIC PROBLEMS + + +A. ECONOMICS OF AMERICAN INDUSTRY + + VI. The Nature of American Industry + + VII. What is Meant by Production + + VIII. Exchanging the Products of Industry + + IX. Distributing the Income of Industry + + X. Bases of the Capitalistic System + + +B. PROGRAMS OF INDUSTRIAL REFORM + + XI. Single Tax + + XII. Profit Sharing and Coöperation + + XIII. The General Nature of Socialism + + XIV. Militant Socialism: The I. W. W. + + XV. Militant Socialism: The Bolshevists + + XVI. The Case Against Socialism + + XVII. A Democratic Program of Industrial Reform + + +PART III--AMERICAN SOCIAL PROBLEMS + + + XVIII. Industrial Relations + + XIX. Health in Industry + + XX. Immigration and Assimilation + + XXI. Crime and Correction + + XXII. The Negro + + XXIII. The Family + + XXIV. Dependency: Its Relief and Prevention + + XXV. Rural Life + + XXVI. Education + + +PART IV--AMERICAN POLITICAL PROBLEMS + + +A. SOME ECONOMIC FUNCTIONS OF GOVERNMENT + + XXVII. Public Interest in Business: Regulation + + XXVIII. Public Interest in Business Ownership + + XXIX. The Tariff + + XXX. Conservation + + XXXI. Credit and Banking + + XXXII. Taxation + + +B. MAKING GOVERNMENT EFFECTIVE + + XXXIII. Who Shall Share in Government + + XXXIV. The Political Party + + XXXV. Choosing the Agents of Government + + XXXVI. Honesty and Efficiency in Office + + XXXVII. The Extension of Popular Control + +XXXVIII. Public Opinion + + +PART V--THE MECHANISM OF GOVERNMENT + + +A. THE FEDERAL GOVERNMENT + + XXXIX. The Federal System of Government + + XL. The President of the United States + + XLI. The National Administration + + XLIL. Nature and Powers of Congress + + XLIII. Congress in Action + + XLIV. The Federal Courts + +B. STATE AND LOCAL GOVERNMENT + + XLV. Constitutional Basis of State Government + + XLVI. The State Executive + + XLVII. The State Legislature + + XLVIII. The State Courts + + XLIX. Municipal Government + + L. Rural Local Government + + Bibliography + + Appendix + + The Constitution of the United States + + Index + + + + + +PROBLEMS IN AMERICAN DEMOCRACY + + + + + +PART I--FOUNDATIONS IN AMERICAN DEMOCRACY + + +CHAPTER I + +THE BACKGROUND OF AMERICAN DEMOCRACY + + +1. THE MEANING OF NATIONAL GREATNESS.--We apply the term greatness to +nations that have made substantial contributions to civilization. By +civilization is meant a well-rounded and highly developed culture, or, +to say the same thing in different words, an advanced state of +material and social well-being. + +Civilization is so vast and so many-sided that it may receive +contributions in very diverse forms. The invention of the hieroglyphic +system of writing is among the leading achievements of ancient Egypt, +but the art and literature of Greece have been no less conspicuous in +the onward sweep of human progress. The promotion of the science of +navigation by the Phoenicians, and the development of law and +architecture by Rome, illustrate a few of the forms in which peoples +may confer marked benefits upon the world. The advancement of music +and painting by Italy, France, and other European nations, and the +application and expansion of the idea of parliamentary government by +England, are further examples of ways in which nations may earn for +themselves the title of greatness. + +2. THE CONDITIONS OF NATIONAL GREATNESS.--In order that a nation may +become great, _i.e._ make some distinct contribution to civilization, +two conditions must be fulfilled. + +The first condition of national greatness is that the land under that +nation's control must be encouraging to man's honest, helpful efforts. +[Footnote: As used in this chapter the term "land" is held to include +not only such natural resources as soil, minerals, forests, and bodies +of water, but climate as well.] The vigorous Scandinavians have made +great advances in inhospitable Iceland and Greenland, the French have +reclaimed an important section of Algeria, and the British have worked +wonders with some of the barren parts of Australia; nevertheless, it +is with great difficulty that prosperous communities are developed in +lands relatively barren of natural resources, or unusually severe in +climate. + +A high and stable civilization has rarely arisen in the tropics, +because there the overabundance of Nature renders sustained work +unnecessary, while the hot, enervating climate tends to destroy +initiative and ambition. It is no accident that the greatest nations +of modern times are located chiefly within the stimulating temperate +zones, where Nature is richly endowed, but where, too, her treasures +are rarely bestowed upon those who do not struggle consistently for +them. + +The second condition of national greatness is an intelligent and +industrious population, willing to abide by the law, and devoted to +the building of homes. The combination of an unpromising land and an +inferior population effectually prevents the rise of a high +civilization. And just as the choicest of men can do relatively little +in an unfriendly land, so the most promising of countries may be +despoiled or temporarily ruined by a slothful or lawless population. + +From the standpoint of civilization, the best results are obtained +when a virile and law-abiding people exercise control over a land rich +in natural resources and possessed of a stimulating climate. France +and Great Britain in Europe, and Canada and the United States in North +America, are examples of great nations which have been built up in +such lands and by such peoples. + +3. THE ATTRACTIVENESS OF NORTH AMERICA.--It will be interesting to +examine North America in the light of the two conditions of national +greatness discussed in the preceding section. We may note, first of +all, that by far the greater part of the territory now comprising the +United States and Canada is distinctly favorable to settlement. This +territory lies almost entirely within the temperate zone: it has +unattractive spots, but in general it is neither so barren of +resources as to discourage the home-maker, nor so tropical in its +abundance as to reward him without his putting forth considerable +effort. Particularly within the bounds of the United States is a well- +balanced national life encouraged by the diversity of soils and the +wide variety of climate. [Footnote: For a fuller discussion of the +natural resources of the United States, see Chapter VI.] Certainly the +continent of North America fulfills the first condition of national +greatness. + +4. THE COMING OF THE EUROPEAN.--The discovery of America in 1492 +opened a new era in world history. The nations of western Europe were +disappointed when their earlier explorers found the way to Cathay +blocked by a new land-mass, but the Spanish discovery of treasure in +Mexico and South America soon turned disappointment into keen +interest. No magic palaces or spice islands were found, but there were +revealed two virgin continents inviting colonial expansion on a scale +previously unknown. Of the European powers which at various times laid +claim to parts of the New World, Spain, France, Holland, and England +occupy significant positions in the background of American democracy. +We may briefly notice the influence of each of these four powers upon +America. + +5. SPAIN.--Though the Spanish were the first in the field, the motives +of the colonists limited their ultimate success in the new land. The +earlier Spaniards were missionaries and treasure-seekers, rather than +home builders and artisans. The early discovery of great quantities of +gold and silver had the effect of encouraging the continued search for +treasure. In this treasure-quest, often fruitless, the Spanish +practically confined themselves to Mexico and the region to the south. +In these areas they did valuable work in Christianizing and educating +the natives, but little industrial progress was made. Except for the +missionary work of the Spanish, their earlier colonization was largely +transient and engaged in for the purpose of exploitation. + +6. FRANCE.--France disputed the claim of Spain to North America soon +after the opening of the sixteenth century. The French attempted to +settle in Florida and in South Carolina, but the opposition of the +near-by Spanish forced the newcomers to leave. In 1524 Verrazano +explored the North Atlantic coast for the French, and ten years later +Cartier sailed up the St. Lawrence and founded the claim of France to +that section of the New World. + +Following the example of Spain, France dispatched missionaries to the +New World to convert the Indians. Soldiers and trappers were sent out +to develop the valuable fur trade by the establishment of widely +separated forts and trading posts. But the French settlers had no +popular lawmaking bodies, being completely under the power of the +king. Only along the St. Lawrence, where agricultural colonies were +planted, did the French really attach themselves to the soil. +Elsewhere there were few French women and therefore few normal French +homes, and when in 1763 all of the French possessions east of the +Mississippi were ceded to England, it was largely true that the French +colonies had not yet taken root in the country. Infinite courage, +devotion, and self-sacrifice were ultimately wasted, largely because +of the lack of homes, the absence of self-government, and the failure +to develop an industrial basis of colonization. + +7. HOLLAND.--The Dutch became aware of the commercial possibilities of +the New World when in 1609 Henry Hudson discovered the river which +bears his name. Trading posts were soon established in the +neighborhood, and in 1621 the West India Company was given full +authority to plant colonies in New Netherland. A brisk trade in furs +developed, but though the Company grew rich, the colonists were not +satisfied. The agriculturists along the Hudson had the benefit of a +fertile soil and a genial climate, but they operated their farms under +a feudal land system which allowed an overlord to take most of their +surplus produce. Moreover, the Dutch governors were autocratic, and +the settlers had little voice in the government of the colony. Loyalty +to Holland waned as the Dutch saw their English neighbors thriving +under less restrictive laws and a more generous land system, so that +when in 1664 the colony passed into the possession of the English, the +majority of the settlers welcomed the change. + +8. ENGLAND.--The Spanish had been in the New World a century before +the English made any appreciable impression upon the continent of +North America. In 1583 Sir Humphrey Gilbert had made an unsuccessful +attempt to found a colony on the coast of Newfoundland, and a few +years later Sir Walter Raleigh's venture at Roanoke Island proved +equally disastrous. Colonization was retarded until 1588, in which +year England's defeat of the Spanish Armada destroyed the sea power of +her most formidable rival. The English may be said to have made +serious and consistent attempts at colonization only after this event. + +Like France, England desired to set herself up as a successful +colonizing rival of Spain. Impelled by this motive, the earlier +English adventurers sought treasure rather than homes. But the high +hopes of the early English joint stock companies were not justified. +Those who had looked to America for treasure were disappointed: no +gold was forthcoming, and such groups as the Jamestown settlers of +1607 very nearly perished before they learned that America's treasure- +house could be unlocked only by hard work. In spite of heavy +investments and repeated attempts at colonization, these first +ventures were largely failures. + +9. THE COMING OF THE HOME-MAKER.--It may truly be said that the seeds +of national greatness were not planted in America until home-making +succeeded exploitation by governments and joint stock companies. Home- +making received little or no encouragement in the early Spanish, +French, and Dutch colonies. Almost from the first, England allowed her +colonies a large measure of self-government, but it is significant +that these colonies made little progress so long as they were +dominated by joint stock companies intent upon exploitation. It was +only when individuals, and groups of individuals, settled +independently of the companies that the colonies began to thrive. The +first really tenacious settlers on the Atlantic seaboard were groups +of families who were willing to brave the dangers of an unknown land +for the sake of religious freedom, economic independence, and a large +share of self-government. It was with the coming of these people that +our second condition of national greatness was fulfilled. + +10. GROWTH OF THE ENGLISH COLONIES.--The English annexation of New +Netherland in 1664, and the concessions of the French in 1763, left +the English in undisputed possession of the greater part of the +Atlantic seaboard. The English colonies in this area grew with +astonishing rapidity. Cheap land, religious freedom, and the privilege +of self-government attracted settlers from all parts of northern +Europe. At the close of the seventeenth century there were 260,000 +English subjects in North America; in 1750 there were approximately +1,000,000; and in 1775 there were probably 3,000,000. + +Although in most sections the dominant element was of English +extraction, other nationalities contributed to the population. Along +the Delaware, Swedes were interspersed with the English, while in +Pennsylvania there were large groups of Germans. Numerous Dutch +settlers had continued to live along the Hudson after New Netherland +had passed into English hands. Some of the most frugal and industrious +of the settlers of Georgia and South Carolina were French Huguenots, +while along the seaboard and inland the Scotch-Irish were found +scatteringly in agriculture and trade. Such was the composition of the +people who were destined to begin an unexampled experiment in +democracy, an experiment upon the successful termination of which +rests our chief claim to national greatness. + + +QUESTIONS ON THE TEXT + +1. What is meant by civilization? + +2. What two conditions must be fulfilled in order that a nation may +become great? + +3. In what way does America fulfill the first condition? + +4. Discuss the character of the early Spanish colonization. + +5. What were the chief reasons for the failure of the French in +America? + +6. What were the chief defects of the Dutch colonial system in +America? + +7. Compare the earlier English colonization with that of Spain, +France, and Holland. + +8. When were the seeds of national greatness planted in America? + +9. Who were the first really tenacious settlers on the Atlantic +seaboard? + +10. Outline the growth of the English colonies. + +11. Upon what does our chief claim to national greatness depend? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy,_ chapter i. + +Or all of the following: + +2. Bogart, _Economic History of the United States,_ chapter ii. + +3. Coman, _Industrial History of the United States,_ chapter i. + +4. Huntington and Gushing, _Principles of Human Geography,_ chapters i +and xii. + +5. Smith, _Commerce and Industry,_ introduction. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Discuss the statement, "Civilization is a product of adversity." +(Smith, page 2.) + +2. What is the effect of tropic abundance upon civilization? (Smith, +page 2.) + +3. What is the relation of efficiency to climate? (Huntington and +Cushing, page 6.) + +4. In what way is civilization related to density of population? +(Huntington and Cushing, page 10.) + +5. What is an ideal climate, and where is such a climate found? +(Huntington and Cushing, page 254.) + +6. How does national progress depend upon beasts of burden? (Smith, +page 8.) + +7. Name some of the political motives of colonization in America. +(Bogart, pages 29-30.) + +8. Name the chief religious motives of colonization. (Bogart, page +30.) + +9. What were the chief economic motives of colonization? (Bogart, +pages 31-34.) + +10. Why did the English finally prevail in the struggle for the +Atlantic seaboard? (Coman, pages 19-21.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Check up your own experience carefully in order to determine during +what season of the year you work most effectively. What light does +your answer throw upon Topic 5? + +2. To what extent is the climate of your section favorable to an +energetic life? To what extent, if to any, is it discouraging to +initiative and ambition? + +3. Trace the influence of the geography of your section upon the +economic life of your community. + +4. The nature of civilization. + + +II + +5. Relation of civilization to climate. (Huntington, _Civilization and +Climate,_ pages 148-182.) + +6. The relation of cheap food to the growth of population. (Carver, +_Sociology and Social Progress,_ pages 235-243.) + +7. The effect of desert life upon health and spirits. (Carver, +_Sociology and Social Progress,_ pages 273-275.) + +8. Effect of the climate of North America upon persons of European +descent. (Bullock, _Selected Readings in Economics,_ pages 1-22.) + +9. The influence of the Appalachian barrier upon American colonial +history. (Semple, _American History and Its Geographic Conditions_ +chapter iii.) + +10. The Spanish in America. (Consult any standard history text.) + +11. The French in America. (Consult any standard history text.) + +12. The Dutch in America. (Consult any standard history text.) + +13. The English in America. (Consult any standard history text.) + +14. The qualities of an ideal people. (Carver, _Elementary Economics,_ +chapter iv.) + + + + +CHAPTER II + +THE ORIGIN OF AMERICAN DEMOCRACY + + +11. THE NATURE OF GOVERNMENT.--A government may be defined as an +agency through which the purposes of a state or nation are formulated +and carried out. This agency develops where men live in groups. One of +the chief objects of government is to adjust individual interests, or, +to say the same thing in slightly different words, to control members +of the group in their social relations. + +Where groups are small and culture is at a low level, government may +consist in little more than the arbitrary rules of a self-appointed +chieftain. From this stage there are numerous gradations up to the +great complex governments of the leading nations of to-day. With the +origin and general development of government we are not here +concerned, and we may accordingly confine our attention to those types +of modern government which throw light upon the development of +American democracy. + +12. THE ABSOULUTE MONARCHY.--An absolute monarchy may be defined as a +government in which supreme power or sovereignty is lodged in one +individual. This monarch holds his position for life, generally with +hereditary succession. Often the absolute monarchy arose out of the +ancient chieftainship, when, as the result of territorial expansion +and cultural development, the chief of a group of tribes became the +king of a settled and civilized people. The absolute monarchy existed +in most of the countries of Europe previous to the end of the +eighteenth century. In its most extreme form the absolute monarchy +rested upon the claim of the monarch that he ruled by "divine right," +_i.e.,_ that God had authorized him to rule. France in the era of +Louis XIV is one of the best known examples of a modern nation ruled +by a "divine right" monarch. + +13. THE LIMITED MONARCHY.--When a monarch has been restricted in his +powers a limited or constitutional monarchy is said to exist. Almost +always the establishment of a limited monarchy has been preceded by a +series of struggles between king and people. In many cases these +struggles have been precipitated or intensified by the monarch's abuse +of power. A striking example is offered by English history. As the +result of his arbitrary rule, King John was in 1215 obliged to sign +the Magna Charta, by which act he gave up many important powers. The +limits thus set upon the kingly power were affirmed and extended by +the Petition of Right of 1628 and by the Bill of Rights of 1689. A +similar limiting process has gone on in other countries, either by the +framing of constitutions, or by the enlargement of the powers of +legislatures, or by both methods. To-day the absolute monarchy is +practically unknown among civilized nations. + +14. THE REPUBLIC.--The republic is a form of government in which +ultimate power or sovereignty resides with the people as a whole +rather than with a single individual. Instead of a monarch there is +generally an elective president, with varying powers. The republic is +a very old form of government, but in the republics of Greece, Rome +and Venice the powers of government were exercised by a class composed +of a small minority of the people. In modern republics a larger +proportion of the adult population participates in government. + +A republic may arise in any one of several ways, but most of the +republics of modern times have grown out of monarchical conditions, +either directly or indirectly. Our republic arose as a reaction +against English monarchy, while the French republic came into being as +the result of the destruction of a monarchical government. Most of the +republics of Latin America date from the throwing off of the Spanish +yoke in the first half of the nineteenth century. More recently, the +World War has given rise to a number of European republics, composed +of peoples formerly under the control of monarchical governments. + +15. DEMOCRACY AS A POLITICAL IDEA.--The term democracy is derived from +two Greek words which taken together mean "control by the people." +Strictly speaking, democracy is a _form_ of government only where a +small group governs itself directly, _i.e.,_ without making use of the +representative device. This "pure" democracy, such as existed in the +early New England town, becomes a representative democracy, or a +republic, when a greater population and an increasing political +complexity require the people to act through their representatives, +rather than as a body. In the sense that democracy is popular control, +the term democracy may conceivably be applied to any form of +government. The present government of Great Britain, for example, is +technically a limited monarchy, yet the gradual extension of popular +control has made it one of the most democratic governments in the +world. Nevertheless, the modern republic is so generally associated +with the democratic movement that many authorities speak of a +democracy as identical with a republic. For the time being we may use +the term democracy to describe a form of government in which +considerable control is exercised by the people. More briefly, +democracy may be thought of as self-government. + +16. WHY DEMOCRACY DEVELOPED IN AMERICA.--There are four reasons why +democracy developed early in America. + +The first is to be found in the conditions of pioneer life in the +colonies. The wilderness forced self-government upon the settlers. +Clearing the forests, subduing the Indians, and conquering animal foes +was stern work, which weeded out the indolent and inefficient, and +rewarded the capable and self-reliant. Pioneer conditions did not +encourage a cringing or submissive spirit, but fostered independence +and individualism. The spirit of equality tended to become a dominant +feature of American life, for despite the existence of social classes, +the great majority of the population had to rely for their living upon +their own efforts. Under such conditions self-reliance and self- +government were natural developments. + +The selected character of the colonists is a second reason for the +rise of democracy in America. Restless spirits who had chafed under +the restraints of monarchy in Europe, thronged to the new land. Once +here they often found the older American communities intolerant, and +so struck out into the wilderness to found new and, to them, more +democratic colonies. The founding of Rhode Island by Roger Williams, +and the settlement of the Connecticut valley by Thomas Hooker, +illustrate this tendency. + +It should be remembered, thirdly, that the English colonists brought +with them very definite ideas as to the rights of man. The concessions +granted by the Magna Charta were made an essential part of their +political philosophy. The belief that all men were born free and +equal, and that government derives its just powers from the consent of +the governed, became prominent in early American politics. Where the +democratic tendencies of the settlers were reinforced by such +traditions, an oppressive government could not last. In Carolina in +1670, for example, an attempt to set up an undemocratic government +failed, and when half a century later a similar attempt was made in +Georgia, the settlers objected so ardently that the founders of the +colony were obliged to grant the privilege of self-government. + +A fourth explanation of the rise of democracy in America is that, left +to themselves, the settlers came to feel that self-government was +morally right. Largely removed from the traditions of monarchy, they +soon realized the elemental significance of government. Seeing +government as a device to help people get along together, they +concluded that that government is best which most helps the masses of +the people. The existence of a British monarch was a small factor in +the everyday life of the early settlers, and from this it was a short +step to asserting that his control over them was unjust. Living under +primitive economic conditions, the minds of the people turned +naturally to freely formed agreements as a basis of group action. +Under such conditions democracy appeared to the colonists as moral, +just, and natural. + +17. APPLYING THE DEMOCRATIC IDEA.--Partly because of the isolation of +early American life, and partly because England was busy with European +politics, the settlers were left relatively free to work out their +ideas of democracy. The Pilgrims had not yet set foot upon the new +land when they drew up the Mayflower Compact, by the terms of which +they agreed to establish a pure democracy in their new home. In 1639 +the inhabitants of three Connecticut towns came together in a mass +meeting, and drew up the Connecticut Fundamental Orders, which many +authorities regard as the first written constitution in this country. +Aside from the fact that the Orders created a small republic in the +heart of the wilderness, they are of importance because they issued +directly from the people, without suggestion from, or direction by, +any outside agency. Elsewhere in New England, too, local self- +government was a spontaneous growth. Usually the settlers grouped +themselves in small, compact communities known as towns, the freemen +coming together in the town meeting for the purpose of passing laws +and electing officials. The town meeting constituted a pure democracy, +in which the freemen governed themselves consciously and directly. + +18. SPREAD OF THE REPRESENTATIVE IDEA.--The principle of +representative government appeared very early in English history, +expressing itself most clearly in the houses of Parliament. The +principle was early transplanted to America, for in 1619 we find the +London Company establishing in Virginia a House of Burgesses, the +first representative assembly in the New World. The representative +democracy spread rapidly through the colonies, in many cases replacing +the pure democracy as a form of local government. In Massachusetts +Bay, for example, the population of the colony became so dispersed, +and the complexity of its government so great, that it was necessary +for most freemen to remain at home, and to content themselves with +choosing a small number of individuals to represent their interests. +These representatives gathered in the General Court and transacted the +business of the colony. + +19. THE SEPARATION OF POWERS.--As government develops in scope and +complexity, there is a tendency for the agents of government to +specialize in various types of work. A more or less recognizable +separation of the governmental machinery into legislative, executive, +and judicial branches had long been a feature of English government. +Early in the seventeenth century this principle was transferred to the +government of the English colonies in America. There was established +in each colony a legislative branch for the enactment of laws, an +executive branch to see that the laws were enforced, and a judicial +branch for the interpretation of the laws. This separation of +functions was more definite in America than in England because the +jealousy existing between colonial legislature and colonial executive +tended sharply to separate their powers. In America, too, the +judiciary was more clearly an independent branch of government than in +England. + +20. THE COLONIES AS SELF-GOVERNING STATES.--It has often been said +that for a considerable period prior to the American Revolution, the +thirteen colonies were in reality self-governing states. For most +practical purposes they were independent, indeed, some American +patriots insisted that they were only nominally subject to England. In +each colony there was an assembly chosen by a restricted number of +voters. This popular assembly championed the cause of the colonists +against the governor, who in most of the colonies was primarily an +agent of the Crown. After the middle of the eighteenth century, the +struggles between assembly and governor increased in number and in +intensity, and victory rested more and more often with the assembly. +[Footnote: For the similarities existing among the various colonial +governments see Chapter XXXIX.] + +21. EFFECT OF THE REVOLUTION UPON AMERICAN GOVERNMENTS.--The +Revolution did not greatly affect the character of American +governments. Democracy, at first weak and ill diffused, had been +spreading steadily during the preceding century, and when at last the +break with England came, it found the states trained in self- +government and able to conduct their own affairs. In many cases the +Revolution simply erased the name of the king from documents and +institutions already American in spirit and character. The states +either retained their old charters as constitutions, as in the case of +Connecticut and Rhode Island, or framed new constitutions based upon +the experience of colonial government. The popular legislative +assembly was everywhere retained. The common law of England continued +in force, and the system of courts was retained in practically its +pre-Revolution form. The basis of state government had been laid long +before the Revolution, the new states simply accepting the basic +political principles with which they, as colonies, had long been +familiar. The defeat of English claims was only an incident in the +irresistible progress of American democracy. + + +QUESTIONS ON THE TEXT + +1. What is one of the chief objects of government? + +2. What is the essential feature of the absolute monarchy? + +3. Give an example of a country once ruled by a "divine right" +monarch. + +4. Explain the difference between an absolute and a limited monarchy. + +5. What is the distinction between a monarchy and a republic? + +6. Name some modern republics and explain their origin. + +7. Explain clearly the nature of political democracy, and show its +relation to the monarchy and to the republic. + +8. What are the four reasons for the rise of democracy in early +America? + +9. Trace the early application of the democratic idea in America. + +10. Where in America was the representative principle first applied? + +11. Explain the principle of the "separation of powers." + +12. To what extent were the colonies self-governing states? + +13. Explain the effect of the Revolution upon American governments. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy,_ chapter ii. + +Or all of the following: + +2. Bryce, _Modern Democracies,_ vol. i, chapters i and xii. + +3. Beard, _American Government and Politics,_ chapter i. + +4. McLaughlin, _Steps in the Development of American Democracy,_ +chapter i. + +5. Turner, _The Frontier in American History,_ chapter i. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What was the extent of democracy in the world a century ago? +(Bryce, page 3.) + +2. Why is the study of democracy increasingly important? (Bryce, pages +4-5.) + +3. What is the fundamental significance of local self-government? +(Bryce, pages 131-133.) + +4. In what way has the advance of the frontier meant a steady movement +away from the influence of Europe? (Turner, page 4.) + +5. How did the frontier promote individualism? (Turner, page 30.) + +6. What intellectual traits are fostered by pioneer life? (Turner, +pages 37-38.) + +7. Explain the significance of the Virginia House of Burgesses. +(McLaughlin, pages 11-13.) + +8. Discuss the character of the colonial governor. (Beard, pages 3-7.) + +9. What were the chief powers of the colonial legislature? (Beard, +page 8.) + +10. Describe the colonial judiciary. (Beard, pages 12-14.) + +11. What was the extent of the suffrage in colonial times? (Beard, +pages 8-10.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Illustrate the nature of government by tracing the origin and +development of a club or society of which you are a member, or with +which you are familiar. + +2. Early pioneer life in your community, with +particular reference to social and economic conditions. (Consult local +histories, or, where possible, interview an old settler in your +section.) + +3. Origin and development of local government in your section. +(Proceed as with Topic 2.) + +4. The origin of the first constitution of your State. + +5. A classification of the present-day governments of the world on the +basis of their democratic character. + + +II + +6. Genesis of the limited monarchy. (White, _The Making of the English +Constitution,_ pages 253-285.) + +7. Origin and development of Parliament. (White, _The Making of the +English Constitution,_ pages 298-322.) + +8. Origin and development of the English judiciary. (White, _The +Making of the English Constitution,_ pages 122-252.) + +9. Historical evolution of democracy. (Bryce, _Modern Democracies,_ +vol. 1, chapter iv.) + +10. Theoretical basis of democracy. (Bryce, _Modern Democracies,_ vol. +1, chapter v.) + +11. Difficulty of defining the term "democracy." (Bryce, _Modern +Democracies,_ vol. 1, chapter iii.) + +12. American political theory before the Revolution. (Beard, +_Readings in American Government and Politics,_ pages 14-16.) + +13. Contributions of the West to American Democracy. (Turner, _The +Frontier in American History,_ chapter ix.) + +14. Development of the General Court in Massachusetts. (Osgood, _The +American Colonies in the Seventeenth Century,_ vol. i, pages 141-166.) + +15. A Boston town meeting. (Beard, _Readings in American Government +and Politics,_ pages 11-13.) + +16. Local government in Virginia. (Bruce, _Economic History of +Virginia in the Seventeenth Century,_ vol. ii, chapter xx. Beard, +_Readings in American Government and Politics,_ pages 13-14.) + + + + +CHAPTER III + +THE DEVELOPMENT OF AMERICAN DEMOCRACY + + +22. LOCAL VERSUS NATIONAL SPIRIT.--The outbreak of the American +Revolution proved that the colonies were so deeply attached to +democracy that they were willing to fight for it. But the spirit which +animated the Revolution was local, rather than national. The colonial +protests which in 1776 reached their climax in the Declaration of +Independence, had to do almost entirely with the rights of the +colonies as individual states, and with the determination of those +states to defend the principle of self-government. The war created +thirteen practically independent states, among which the spirit of +state sovereignty was much stronger than was the inclination to form +an indissoluble union. The Revolution emphasized local and state +interests rather than intercolonial coöperation, and however much the +colonists appreciated local democracy in 1776, they had yet to learn +to think in terms of a national patriotism. A brief review of the +attempts at union before 1787 will serve to illustrate this important +point. + +23. EARLY ATTEMPTS AT UNION.--The first notable attempt at union was +made in 1643, when Massachusetts Bay, Plymouth, Connecticut, and New +Haven formed a league, chiefly for the purpose of mutual defense. This +league was in force for forty years, and rendered effective service in +the Indian wars. + +In 1754 delegates from seven of the colonies met at Albany and adopted +a plan of union proposed by Benjamin Franklin. The plan provided for a +colonial army, the control of public lands, legislation affecting the +general welfare, and the levying of taxes for intercolonial projects. +In America Franklin's plan was regarded with considerable favor, but +it was never given serious consideration by the British Parliament. +The project fell through. + +Still later (1765) delegates from nine of the colonies met in the +Stamp Act Congress, for the purpose of drawing up a protest against +the taxation policy of the mother country. + +The two continental congresses may also be regarded as steps toward +union. The first of these met in 1774 and concerned itself chiefly +with a declaration of rights and grievances. The second (1775-1781) +assumed revolutionary powers, and, with the consent of the people, +exercised those powers during the greater part of the war period. + +24. THE ARTICLES OF CONFEDERATION.--Nothing so clearly illustrates the +sectional feeling of that era as the history of the Articles of +Confederation. The Articles were adopted by the Second Continental +Congress in 1777, but on account of the tardiness with which some of +the states ratified them, they were not put into actual operation +until March 1, 1781. By the terms of the Articles the states yielded +some of their powers, the central government being given the right to +declare war, borrow and coin money, establish post offices, and +otherwise act for the general good. On the other hand, the Articles +declared that "each state retains its sovereignty, freedom and +independence, and every power, jurisdiction, and right which is not by +this federation delegated to the United States." + +Thus the new government was a confederation or league of states, +rather than a federal government such as we have to-day. There was no +national executive, and no judiciary. All authority was concentrated +in a one-chambered congress, in which each state was represented by +not fewer than two and not more than seven members. The delegates were +subject to recall by the legislatures of their respective states. Each +state had one vote, which was determined by a majority of the state's +delegates who were present when the vote was taken. + +25. DEFECTS OF THE CONFEDERATION GOVERNMENT.--The government +established by the Articles of Confederation had a number of grave +defects. The fundamental difficulty was that the central government +had no real authority or power. The Congress of the Confederation +could reach individuals only through the action of the state +governments, and these it could not coerce. Thus the Congress could +declare war, and make requisitions upon the states for troops, but it +could not enlist a single soldier. It could make laws, but had no +power to enforce them. It could make treaties with foreign +governments, but could not oblige the states to respect those +agreements. The central government could not levy taxes, but was +obliged to accept whatever sums the states chose to contribute. The +Confederation government could not even protect itself, or the states, +against violence. It lacked force, and without the ability to exert +force, a government is a government in name only. + +Not only did the central government fail to enlist the respect and +support of the states, but it could not induce the states to respect +or support one another. Congress had no power to regulate either +foreign or domestic commerce, each state being free to control the +commercial activities of its citizens as it saw fit In many cases the +states engaged in trade wars, that is, they levied heavy duties upon +the commerce of one another, or even refused to allow their citizens +to buy goods from, or sell goods to, persons in neighboring states. +Matters calling for unity of action and friendly coöperation, such as +roads and canals, were ignored or neglected because of interstate +jealousy. Whereas they should have united against the grave dangers of +the period immediately following the war, the states often wasted time +and energy in controversy and strife. + +26. FAILURE OF THE CONFEDERATION GOVERNMENT.--The Confederation +government, established in 1781, functioned weakly during the +remaining two years of the war, and then declined rapidly in power and +influence. The defects of the Articles could not be remedied, for +amendment was by unanimous consent only, and on every occasion that an +amendment was proposed, one or more states refused their assent. + +According to John Fiske, the five years following the peace of 1783 +constituted the most critical period in the history of the American +people. Business was demoralized. Most of the states were issuing +worthless paper money, and several of them passed laws impairing the +obligation of contracts. In a movement known as Shay's Rebellion +(1786-1787), a portion of the debtor class of Massachusetts attempted +to prevent the collection of debts. Paper money depreciated so greatly +that in many places it ceased to pass as currency. The central +government could not raise money to meet its ordinary expenses, and in +1783 Congress was forced to flee Philadelphia to escape the wrath of +some eighty Pennsylvania soldiers whom it could not pay. + +Demoralization and civil strife at home were matched by ridicule and +suspicion abroad. Congress could not pay the interest on the national +debt. As early as 1783 our foreign credit was gone. Many European +statesmen scoffed at the American government. France denied the +existence of a general government in America. In England our +diplomatic representatives suffered numerous humiliations. They were +told, for example, that the British would not relinquish the western +forts promised us by the Treaty of Paris until our national government +was able to force the several American states to observe the treaty. + +27. OBSTACLES TO UNION.--There are three important reasons why the +states failed to draw together into a firm union before 1787. + +In the first place, each state considered itself a sovereign body, and +of governments above and beyond itself it was naturally suspicious. +Many of the Americans had regarded the British government as a super- +government, imposed against the will of the American people, and +maintained in spite of their protests. The Dominion of New England, +which, prior to the adoption of the Articles of Confederation, had +been the nearest approach to union, was recalled with anger and in +fear. This plan, forced upon the Americans in 1686 by the king, united +eight of the colonies under the rule of Governor Andros. The union was +dissolved by the Bloodless Revolution of 1688, but the arbitrary rule +of Andros was long cited by the Americans as proof of the despotic +character of any government beyond that of the individual states. + +A second explanation of the failure of the states to unite before 1787 +is to be found in the social and economic differences existing among +the states. Most of the inhabitants of New England were grouped in +small, compact communities, and were engaged in shipbuilding and +commerce, rather than in agriculture. There was an aristocratic group, +but most of the people belonged to the middle class, and were simple +and even severe in their tastes. In the middle colonies, on the other +hand, most of the people were small farmers of mixed religious and +racial character. Social classes existed to a considerable extent. +Finally, the South was devoted to large plantations, cultivated by +black slaves. Social lines were sharply drawn, and a genuine +aristocratic class was already well formed. + +A third reason for the weakness of the coöperative spirit among the +states is to be found in the lack of means of transportation and +communication. Travel was mostly confined to natural waterways, or to +rude paths over which horses proceeded with great difficulty. As late +as 1800 it often took a horseman longer to go from Boston to New York +than it now takes to go by rail from New York to San Francisco and +back again. There were no railroads in those days, no telephones, no +telegraph, and practically no postal service. Life was primarily +rural, even on the seacoast. Most interests centered about the local +community, or at farthest, about the colony or state. In many sections +there was little exchange of products or of ideas. From the resulting +isolation there developed a strong feeling of localism or +provincialism. Ignorance and suspicion of intercolonial affairs gave +rise to misunderstandings, and emphasized differences and disputes +which in themselves were unimportant. Thus jealousy and hostility +often sprang up where mutual confidence and coöperation were sorely +needed. + +28. NEGATIVE FORCES FAVORING UNION.--The failure of the Articles of +Confederation is one of the most discouraging chapters in the +development of American democracy. And yet it is an indispensable +chapter, for it demonstrated, far more convincingly than could any +theoretical argument, that there must be one great American nation +rather than thirteen or more unrelated republics. Six years of +practical experience with the Articles of Confederation taught the +absolute necessity of a strong central government. The weaknesses of +the Confederation government constituted the most spectacular of the +forces favoring union in 1787, and yet these forces were negative in +character: the states accepted the Constitution of 1787 not so much +because they were attracted by it, as because they saw little chance +of getting along without it. + +29. POSITIVE FORCES FAVORING UNION.--It should be noted, on the other +hand, that for a long period previous to the adoption of the +Constitution of 1787, certain positive forces were impelling the +states toward union. In their Old World homes most of the settlers had +occupied somewhat the same social position, and had been used to +somewhat the same economic conditions. This common background +constituted, in their New World homes, a unifying force of great +importance. Long before 1787, too, the great majority of the settlers +were of English descent, speaking the English language, and, except +for the Roman Catholics of Maryland, professing some form of +Protestantism. + +In spite of the numerous jealousies and rivalries among the various +sections of the country, there were at work forces which tended to +break down the spirit of localism or provincialism. Though the +Revolution established thirteen separate states, the war had +encouraged the Americans to feel that they were a single people with a +common destiny. The soldiers of various sections had rubbed elbows +with one another during the French and Indian wars, and during the +Revolution. This had served to encourage a feeling of comradeship +between the inhabitants of different communities. The population of +the country was doubling every twenty years, and groups previously +isolated were coming into contact with one another. Interstate +coöperation was not only more necessary than ever before, but it was +less difficult to bring about. Highways were being improved, and the +postal service gradually extended, with the result that a more +wholesome social life was made possible. + +In an economic sense the American people were increasingly +interdependent. Especially on the frontier many communities were still +economically self-sufficing, but to an increasing extent the +development of commerce and manufacturing was everywhere calling for a +closer coöperation between various sections of the country. The +Annapolis Convention of 1786, indeed, was called for the purpose of +promoting commercial coöperation among the states. According to +Professor Beard, the formation of the Federal Constitution itself may +in large measure be traced to the desire throughout the country for +interstate coöperation in industry and commerce. + +30. AMERICAN DEMOCRACY IN 1787.--The constitutional convention of 1787 +expanded American democracy from a local idea to a political concept +of national proportions. But though this was an important step +forward, American democracy had not yet been fully developed. +Religious freedom, indeed, had been guaranteed by the Constitution, +but the suffrage was still narrowly restricted. The adoption of the +Constitution was due primarily to negative forces; the full +development of the positive forces, upon which the ultimate integrity +of the union rests, was to be delayed for almost a century. The states +technically abandoned state sovereignty when they accepted the +Constitution of 1787, but not until the Civil War had been won was +permanent union assured. Most important of all, American democracy was +in 1787 only a political concept. There was at that time no suspicion +that democracy was later to be expanded into a philosophy of life, +applicable not only to purely governmental affairs, but to the +individual in his economic and social relations as well. + + +QUESTIONS ON THE TEXT + +1. Distinguish between local and national spirit in the Revolutionary +period. + +2. Describe the first notable attempt at union. + +3. What plan of union was proposed by Benjamin Franklin in 1754? + +4. Name several other early attempts at union. + +5. Outline the character of the Articles of Confederation. + +6. What were the chief defects of the Confederation government? + +7. Describe the failure of the Confederation government. + +8. Outline clearly the three important reasons for the failure of the +states to unite before 1787. + +9. Explain the phrase, "Negative forces favoring union." + +10. To what extent was the constitutional convention of 1787 the +result of positive forces? + +11. Explain clearly the statement that in 1787 American democracy had +not yet been fully developed. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter iii. + +Or all of the following: + +2. Becker, _Beginnings of the American People_, chapter v. + +3. Fiske, _The Critical Period of American History_, chapter iv. + +4. Guitteau, _Government and Politics in the United States_, chapter +xix. + +5. McLaughlin, _The Confederation and the Constitution_, chapter xiii. + + +QUESTIONS ON THE REQUIRED READING + +1. In what sense was Benjamin Franklin the first American? (Becker, +pages 190-200.) + +2. Describe the commercial warfare carried on by the several states +during the critical period. (Fiske, pages 144-147.) + +3. Explain why American credit in Europe failed during the critical +period. (Fiske, pages 155-157.) + +4. Describe the attempts to patch up the Confederation government. +(McLaughlin, chapter xiii.) + +5. Explain the statement that "division is sometimes the prelude to +more effective union." (Becker, pages 189-191.) + +6. What did the Alexandria Conference of 1785 accomplish? (Guitteau, +page 215.) + +7. What was the Virginia plan? (Guitteau, page 217.) + +8. What was the New Jersey plan? (Guitteau, page 217.) + +9. What was the "Great Compromise"? (Guitteau, page 218.) + +10. What was the Three-Fifths Compromise? (Guitteau, pages 218-219.) + +11. Describe the opposition to the ratification of the Constitution +(Guitteau, pages 222-224.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Trace the beginnings of railroad transportation in your section, +and describe the effect of improved methods of transportation upon the +ability of different communities in your section to coöperate with one +another. (Consult local histories.) + +2. To what extent does the newspaper help you to understand the +character and ideals of individuals beyond your community? + +3. Contrast the telephone and the postal service as influencing the +development of the coöperative spirit in the city. In rural districts. + +4. To what extent would improved methods of transportation and +communication lead to a closer coöperation between the rural and urban +districts in your state? + +5. To what extent has the economic interdependence of different +members of your community led to a better understanding? To a closer +identity of interests? + + +II + +6. Difficulties of travel in colonial times. (Crawford, _Social Life +in Old New England_, chapter _x_.) + +7. Postal facilities in the colonial period. (Bogart, _Economic +History of the United States_, pages 82-83.) + +8. Diversity of economic interests among the colonies. (Bogart and +Thompson, _Readings in the Economic History of the United States_, +pages 29-42.) + +9. Union under the Continental Congresses. (Beard, _American +Government and Politics_, pages 21-25.) + +10. The delegates to the Constitutional Convention of 1787. +(McLaughlin, _The Confederation and the Constitution_, pages 187-190.) + +11. The work of the Constitutional Convention. (Beard, _American +Government and Politics_, pages 44-53. See also any other standard +text on American history or government.) + +12. Madison's criticism of the Articles of Confederation. (Beard, +_Readings in American Government and Politics_, pages 38-43.) + +13. Hamilton's plea for a strong national government. (Beard, +_Readings in American Government and Politics_, pages 47-49.) + +14. The influence of economic interests upon the Constitution of 1787. +(Beard, _An Economic Interpretation of the Constitution of the United +States_, pages 324-325.) + +15. The outlook for American democracy in 1789. (Bryce, _Modern +Democracies_, vol. ii, chapter xxxviii.) + + + + +CHAPTER IV + +ESSENTIALS OF AMERICAN CONSTITUTIONAL GOVERNMENT + + +31. THE AIM OF THIS CHAPTER.--The form of government established in +this country by the Constitution of 1787 is known as a republic. A +republic may be defined as a representative democracy, or, in the +popular sense of the term, simply as a democracy. Now, to point out +that a government is democratic does not necessarily mean that it is a +sound government. Granting that self-government is morally right, the +fate of a democracy will depend, partly upon the character of the +people, and partly upon the nature of the governmental machinery +through which that people expresses its will. The proof of democracy +is in its workings. The aim of this chapter is not to pass judgment +upon democracy, but rather to outline the essential characteristics of +American constitutional government. When this background has been +secured we shall be in a position to begin a detailed study of applied +democracy, to point out its merits, to call attention to its defects, +and to consider how and to what extent it may be improved. + +32. STRENGTH.--American constitutional government is a strong +government. The weaknesses of the Articles of Confederation were +avoided in framing the Constitution of 1787. Whereas the Confederation +government was really headless, the Constitution of 1787 provided for +a strong executive. The Confederation Congress could not levy taxes, +but the Congress of the United States has adequate powers in this +regard. There can be no recurrence of one of the chief financial +troubles of the Revolutionary period, for at the present time the +several states may neither coin money nor emit bills of credit. The +Federal government has exclusive control of foreign affairs, so that +no state may individually enter into any agreement with a foreign +power. The Federal Constitution is the supreme law of the land, and no +state action may contradict it. Unity has given us strength, and great +crises, such as the Civil War and the World War, have ended by +increasing that strength. + +33. THE CHECK AND BALANCE SYSTEM.--A striking characteristic feature +of American constitutional government is the check and balance system. +By this system we mean all those constitutional provisions which +divide and subdivide governmental power among various sets of public +agents. [Footnote: For a fuller discussion of the check and balance +system see Chapter XXXIX.] + +This division of powers is threefold. First, there is a division of +power between the Federal government and the governments of the +several states. The states are obliged to act in concert on most +questions involving the nation as a whole, but the Federal +Constitution safeguards the rights of the states by reserving to them +all powers not specifically delegated to the Federal government. +Second, in both Federal and state governments, power is still further +distributed among the executive, legislative, and judicial branches in +such a way that each branch constitutes a check upon the other two. +Third, in both Federal and state governments there is a division of +power within each of the three branches of government. Thus both the +President of the United States and the governors of the various states +are at least partially controlled by subordinate executive officials, +while in the legislative branch of both Federal and state governments +the upper and lower houses constitute a check upon one another. In the +case of both Federal and state judicial systems there is a division of +jurisdiction. + +34. THE CHECK AND BALANCE SYSTEM SECURES STABILITY.--American +government is not only strong, it is stable. This stability is due +chiefly to the admirable way in which different governmental agents +are balanced against one another. The check and balance system renders +us safe from the danger of anarchy, for though ultimate control is +vested in the people, sufficient powers are entrusted to the +governmental mechanism to protect it against popular passion. The +system likewise protects us against despotism. So long as the +Constitution endures, neither the Federal government nor the +governments of the states may destroy each other. The undue +concentration of political power is likewise rendered difficult by the +division of power between the legislative, executive, and judicial +branches of both Federal and state governments. + +The significance of a properly applied check and balance system +appears clearly when we compare our government with that of various +other republics. In many of the ancient republics, for example, the +powers of government were so unequally and so indefinitely divided +that republican government degenerated either to despotism or to +anarchy. Within the last century many Latin-American republics have +modeled their governments after ours, and yet some of these republics +are constantly threatened by either revolution or despotism. The +explanation of this, according to Elihu Root, is that these republics +have adapted our check and balance system so carelessly that they find +it difficult, if not impossible, to maintain a really stable +government. [Footnote: Here we are pointing out the fundamental merits +of the check and balance system; later (Chapters XXXIV, XXXV, and +XXXVI) we shall have occasion to notice some of the disadvantages of +this system.] + +35. THE RIGHTS OF THE INDIVIDUAL.--We have not purchased strength and +stability at the expense of personal freedom, for both Federal and +state constitutions specifically safeguard the rights of the +individual. The fundamental guarantees set forth in the Magna Charta, +the Petition of Right, and the Bill of Rights were cherished by the +American colonists, and in 1791 they formed the basis of the first ten +Amendments to the Federal Constitution. Provisions similarly designed +to safeguard individual rights are found in the constitution of every +state in the Union. [Footnote: For an enumeration of these rights, see +the first ten Amendments to the Federal Constitution, Appendix. +Consult also the Bill of Rights in the constitution of your state.] +From the beginning of our national history a fundamental principle of +American government has been to allow the individual as much freedom +of thought and action as is compatible with the general welfare. + +36. CONTROL BY THE PEOPLE.--Under American constitutional government, +sovereignty resides with the people as a whole, though the people act +through their chosen representatives. There is no power in American +government beyond that created or permitted by the people themselves. +The suffrage, so narrowly restricted in the eighteenth century, has +since widened to include the great majority of adults, both male and +female. Elections are frequent, so that ill-chosen officials may not +long abuse their position. The Initiative, the Referendum and the +Recall are methods of popular control which in many sections are +spreading. Constitutional amendment in the United States is not easy; +on the other hand, if any considerable percentage of the voters evince +a sustained desire for change, an amendment is the normal +result. [Footnote: In Part IV of the text we shall consider the +dangers of an over-extension of popular control; here it is only +necessary to point out that American government is essentially +government by the people.] + +37. EFFICIENCY.--The division of functions between the Federal and +state governments on the one hand, and between state and local +governments on the other, provides a solid foundation for the +economical administration of government. + +The Federal government attends to most matters which are of national +importance, and which cannot properly be looked after by the states +individually. For example, foreign relations, the postal service, and +the coinage of money, are Federal functions. The separation of Federal +and state functions is not always clear, but such matters as +contracts, property rights, crime, and education are probably best +administered by the state. There is, similarly, no sharp dividing line +between the functions of state and local governments, but at present +it appears that the local authorities are the most efficient +administrators of roads and bridges, water and paving, the elementary +schools, and similar concerns. + +The essential economy of this threefold division of functions is that +each of the three sets of officials tends to concern itself with those +matters with which it is best acquainted, and which are most +advantageously administered by it. + +38. UNITY.--The earlier European critics of our government declared +that the division of powers between Federal and state governments +would encourage civil strife. It is true that this division of powers +has resulted in a decentralized rather than in a centralized form of +government. It is equally true that the quarrel over states' rights +was the fundamental cause of the Civil War. But that war settled the +question of states' rights once and for all, and there has never again +been any serious question as to the proper status of states and Union. +American democracy has been found compatible with unity. + +Nor has the decentralized character of American government kept us +from presenting a united front in foreign wars. The concentration of +war powers in the hands of President Lincoln during the Civil War was +matched by the temporary dictatorship wielded by President Wilson +during the World War. In both cases, the national executive became, +for the period of the emergency, as powerful and as efficient as the +executive of a highly centralized monarchy. This ability to exhibit +unity of control and singleness of purpose in war-time enables us to +claim for our form of government one of the most important assets of +the centralized monarchy. + +39. THE SPIRIT OF PROGRESS.--Certainly one test of good government is +the extent to which it renders the masses of the people happy and +prosperous. American government has not yet exhausted the +possibilities of helpfulness, but one of the chief aims of our +political system is to encourage the individual in every pursuit which +is legal and honorable. Lord Bryce has called America the land of +Hope, because in spite of the defects of American government, a +feeling of buoyancy and optimism is characteristic of our political +institutions. America might also be called the land of Sane Endeavor, +for we lend force and justification to our optimism by consistently +working for the attainment of our ideals. To improve every condition +of American life, and yet to work in harmony with the principles of +constitutional government, that is our ideal. Progress must come +through authorized channels, for, as Abraham Lincoln has said, "a +majority, held in restraint by constitutional checks and limitations, +and always changing with the deliberate changes of popular opinion and +sentiment, is the only true sovereign of a free people, and whoever +rejects it does of necessity fly to anarchy or despotism." + + +QUESTIONS ON THE TEXT + +1. Upon what does the fate of a democracy depend? + +2. Contrast the strength of our present government with the strength +of the government established by the Articles of Confederation. + +3. What is the check and balance system? Explain clearly. + +4. Show how the check and balance system renders American government +stable. + +5. Why is stability not a feature of some of the Latin-American +republics which have adapted our check and balance system? + +6. What can be said as to the rights of the individual under American +constitutional government? + +7. To what extent is American government subject to popular control? + +8. How does American government provide for a solid foundation for the +economical administration of government? + +9. What charge did the earlier European critics bring against American +government? Has history substantiated or disproved this charge? +Explain. + +10. Compare the American democracy with a monarchy with respect to +efficiency in war-time. + +11. Why may America be called the land of Hope? To what extent may it +properly be called the land of Sane Endeavor? + +12. What did Lincoln say as to the only true sovereign of a free +people? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter iv. + +Or all of the following: + +2. Beard, _American Government and Politics_, chapter viii. + +3. Bryce, _The American Commonwealth_, vol. ii, chapters c and cii. + +4. Cleveland and Schafer, _Democracy in Reconstruction_, pages 48-66. + +5. Root, _Addresses on Government and Citizenship_, pages 98-117. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is meant by the doctrine of limited government? (Beard, pages +145-147.) + +2. What are the two classes of constitutional limitations upon the +Federal government? (Beard, pages 147-148.) + +3. Describe the position of the judiciary in American government. +(Beard, pages 164-165.) + +4. What was the attitude of the republics of Greece and Rome toward +the individual? (Root, page 98.) + +5. Contrast this attitude with the "Anglo-Saxon idea." (Root, pages +98-99.) + +6. Why is it important that a constitution be a written document? +(Cleveland and Schafer, pages 54-S5.) + +7. Why is it dangerous to suspend the constitutional guarantees of +personal liberty? (Root, pages 114-115.) + +8. What faults have philosophers and popular writers generally +attributed to democratic governments? (Bryce, pages 613-614.) + +9. To what extent are these faults attributable to American democracy? +(Bryce, pages 614-629.) + +10. Explain the capacity of our government to develop great vigor. +(Bryce, pages 650-652.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a study of a club or society of which you are a member, or +with which you are familiar. To what extent does its organization +illustrate the check and balance system? + +2. Classify local or state officials in your commonwealth, in order to +show differences in term and differences in the method of choosing +them. To what extent do these differences constitute a check and +balance system? + +3. Make a list of the guarantees of personal liberty which are +contained in the constitution of your state. Compare this list with +similar lists made from the constitutions of other states. Compare the +list with the first ten Amendments to the Federal Constitution. + +4. Methods by which the constitution of your state may be amended. + +5. Make a list of the chief public activities in your community or +section. Which are local, which state, and which Federal? Do you +believe that any of these functions could be more advantageously +performed by some other division of government than that which is now +performing it? Give reasons. + + +II + +6. "Why democracy is best." (Tufts, _The Real Business of Living_, +chapter xxxvii.) + +7. Philosophy of the American constitutional system. (Beard, _Readings +in American Government and Politics_, pages 49-53.) + +8. The relation of Federal and state governments in the United States. +(Guitteau, _Government and Politics in the United States_, chapter +xxi.) + +9. Framework of American government. (Bryce, _Modern Democracies_ vol. +ii, chapter xxxix.) + +10. The check and balance system. (Bryce, _Modern Democracies_, vol. +ii, chapter lxiii. See also any standard text on American government.) + +11. The theory of the separation of powers. (Beard, _Readings in +American Government and Politics_, pages 138-140.) + +12. The supremacy of Federal law. (Beard, _Readings in American +Government and Politics_, pages 140-143.) + +13. The meaning of liberty. (Bryce, _Modern Democracies_, vol. i, +chapter vi.) + +14. The meaning of equality. (Bryce, _Modern Democracies_, vol. i, +chapter vii.) + +15. A brief comparison of the American and European systems of +government. (Bryce, _The American Commonwealth_, vol i, chapter xxv.) + +16. American democracy contrasted with other democratic governments. +(Bryce, _Modern Democracies, vol_. ii, pages 446-452.) + +17. Democracy compared with undemocratic forms of government. (Bryce, +_Modern Democracies_, vol. ii, chapter lxxiv.) + +18. Efficiency of American democracy in the World War. (West, _The War +and the New Age_, chapter x.) + + + + +CHAPTER V + +THE PROBLEMS OF AMERICAN DEMOCRACY + + +40. NO GOVERNMENT IS PERFECT.--All government is a compromise, in that +it is adopted or created for the purpose of harmonizing the interests +of the individual with the interests of the group. The types of +government are numerous, varying with the character of the group, and +with the particular conditions under which it exists. But we know of +no government which is perfect: all have shortcomings, some very +serious, others less so. There is nothing to be gained, therefore, by +debating whether or not American government is imperfect. A much more +profitable question is this: What are the faults of American +democracy, and how may they be eliminated or minimized? The most +constructive work which the American citizen is called upon to do is +to grasp the character of the problems confronting his country, and +then to attempt their solution. + +41. THE WIDENING CIRCLE OF PROBLEMS.--The last two centuries have +constituted an age of rapid change and development in all of the major +phases of civilization. There have been rapid shifts in population, +particularly in the younger countries of the world. Important +discoveries have greatly increased our knowledge of natural science; +epoch-making inventions have revolutionized manufacturing, commerce +and transportation. In every civilized land there have been +readjustments of political beliefs, as well as important changes in +intellectual, religious, and social standards. Such an age is +peculiarly an age of problems: it is a period of change and stress, a +time of readjustment, of adaptation to changed conditions, of growth, +and of development. + +We in America are confronted by an ever widening circle of problems, +and this chiefly for two reasons. In the first place, we have felt the +impact of those forces which for the last two centuries have been +creating problems the world over. In the second place, the whole +period of our national development has fallen within this age of +change and readjustment This means that we have had to grapple with +the problems common to all modern countries during a period in which +the origin and development of American democracy have been creating +purely domestic problems. These facts at least partially explain the +growing importance of the problems of American democracy during the +past century. + +42. EFFECT OF AN ENLARGED SOCIAL CONSCIENCE.--Many of the issues of +contemporary American life have come into prominence because we have +enlarged the concept of democracy within the last century. The term +democracy has come to imply, not merely a form of government, but +actually a philosophy of life stressing justice and happiness for the +individual, whether in his political, social, or economic capacity. +The more humanitarian our view, the more situations calling for remedy +fall within it. Child labor, to give a single example, was not +generally considered an evil a century ago, but to-day an enlarged +social conscience condemns it. + +43. NECESSITY OF AVOIDING PATERNALISM.--The solution of many national +problems implies an extension of government control. Now, it is not +generally appreciated that while an enlarged social conscience has +increased the number of our problems, the individualistic strain in +the American nature resists that paternalism which at present appears +necessary to an effective treatment of certain problems. We are behind +Germany in legislation designed to prevent industrial accidents, +lessen the evils of unemployment, and otherwise protect the worker +against the risks of industry. But Germany has built up this system of +social insurance by restricting personal liberty, and by greatly +extending the power of government over the individual. The great task +confronting our government is to do as much for the individual as any +paternalistic government, without endangering his rights by an undue +extension of governmental control. + +44. THE COMPLEXITY OF OUR PROBLEMS.--The mistake is sometimes made of +thinking that national issues can be nicely defined, and separated +from one another. The human mind has its limitations, and we are prone +to emphasize the outline and content of particular problems in order +to perceive their essential character the more clearly. But though +this is permissible for purposes of study, we must bear in mind that +the questions which we are to discuss are connected with one another +in a most baffling way. To understand the administration of charity, +for example, we ought to know the social, economic, and political +background of the community under observation. The thorough study of +this background would lead us to crime, education and other problems, +which in turn have their connections with issues still further removed +from the immediate problem of charity. The thorough understanding of a +specific question thus implies consideration of many inter-related +questions. Likewise, the solution of a particular question affects and +is affected by the whole mass of related phenomena. + +45. IMPORTANCE OF THE ECONOMIC BACKGROUND.--It would be unwise, +perhaps, to claim that any definite group of problems is of greater +importance than any other group. But at least we may say that some +problems are primary in origin, while others appear to be secondary, +_i.e._ derived from those called primary. In the chapters which +follow, the attempt has been made to arrange the groups of problems +with some regard to their primary or secondary origin. Probably the +most fundamental problems which face us to-day are those of economic +organization. Properly to understand these problems the student must +first grasp the essential facts of American industry. We shall begin +our study of the problems of American democracy, therefore, with a +survey of the economic life of the nation. Only after we have mastered +the principles upon which American industry is based, shall we be in a +position to solve the problems which arise directly from the nature of +our economic organization. + +46. INDUSTRIAL REFORM.--Our industrial life is so clearly based upon +certain fundamental institutions, such as private property, free +contract, and free competition, that an industrial "system" is said to +exist. Certain great evils, notably poverty, have accompanied the +development of this system. We shall discuss a number of programs +designed to eliminate these evils. The doctrine of single tax is of +interest as advocating the abolition or confiscation of land value. +The coöperative conduct of industry is of increasing importance of +late years. We must also reckon with socialism as a movement which +seeks the redistribution of wealth. Under the general head of +socialism we shall have occasion to notice a small but active group +known as the Industrial Workers of the World, and the larger, though +related, group which recently conducted a socialist experiment in +Russia. The discussion of socialism completed, we shall sum up the +attitude of American democracy toward the whole problem of industrial +reform. + +47. SOCIAL PROBLEMS.--Of the social problems which grow out of a bad +economic situation, none is more vital than the fostering of peace and +good will between labor and capital. Following the discussion of +industrial relations, we shall have occasion to notice a whole series +of social questions which have either been derived from, or +accentuated by, the rapid industrialization of our country. Grave +questions arise in connection with immigration, health, and the +cityward drift. The consideration of the problems of the city in turn +directs attention to the necessity of a normal rural life, and to the +importance of safeguarding the American home. Dependency is a familiar +problem, but one which, in the light of an awakened community spirit, +is now being studied from new and interesting angles. Last among +social problems is the fundamental matter of education. It is not too +much to claim that the ultimate fate of American democracy depends, to +a great extent, upon the vigor and intelligence with which we improve +and extend our educational system. + +48. RELATION OF GOVERNMENT TO BUSINESS.--Since our material well-being +rests upon an economic basis, the public has a vital interest in +business. The rise of great corporations and the necessity of +safeguarding the public from monopolistic abuses make necessary a +careful examination into the relation of government to business. We +shall meet with this question: Shall the government regulate, or +actually own, businesses of vital importance to the public? Equally +knotty, but fully as interesting, is the tariff question. Should +Congress tax foreign goods entering this country, and, if so, upon +what principles should this tax be determined? This will bring us to +the general problem of taxation, a subject to which the American +people will probably devote an increasing amount of attention in the +next few decades. The question of conserving our natural resources +must also be discussed. Last in this group of problems may be +mentioned the question of money and banking. In discussing this +important subject we shall notice, among other things, the interesting +Federal reserve system, which, it is hoped, will protect us from +panics in the future. + +49. PROBLEMS IN EFFECTIVE GOVERNMENT.--The economist has good reason +for declaring that the getting of a living is one of the most +fundamental concerns in life; on the other hand, no people can long +get a comfortable living without the aid of a helpful system of +government. Government must be made effective. This introduces us to +another series of problems. First of all, who shall share in +government? And how may we improve the methods by which we select the +agents of government? How may corruption and inefficiency be +eliminated from American government? What is the significance of the +Initiative, the Referendum, and the Recall? + +These questions must prove of fascinating interest to those who think +of democracy as a living institution which is constantly growing, +developing, adapting itself to changed conditions. + +50. WHAT IS THE PROMISE OF AMERICAN LIFE?--Rich in natural resources, +ample in extent, encouraging to man's helpful efforts, America +fulfills the first condition of national greatness. Intelligent and +industrious, law-abiding and, devoted to the building of homes, our +population fulfills the second condition. + +Here we have all the raw materials out of which to build a great +nation. Already we have made marked contributions to civilization, and +yet it should not be forgotten that our chief claim to national +greatness rests upon the promise which we show of being able to +perfect American democracy. + +To what extent will this promise actually be realized? As a nation we +are yet young, as a people we have scarcely begun the greatest +experiment in democracy which the world has ever seen. Shall we +endure, shall we attain to a half-success, shall we succeed +gloriously? + +Much depends upon the extent to which each of us assumes the +responsibilities of citizenship. Those who have gone before us +conquered a wilderness, expanded and preserved the Union. But it is +not for us complacently to accept the result. Much has been done, but +much more remains to be done. Our goal is the greatest possible +perfection of our economic, social and political life. Each age may be +said to have its peculiar burdens and responsibilities: the prime task +of the colonist was to foster the tender shoot of democracy; that of +the western pioneer was to fashion homes out of a wilderness; the +burden of our generation is to grapple with the present-day problems +of American democracy. Without a high sense of personal +responsibility, coupled with an intelligent and consistent effort, we +can never reach the high goal admittedly possible. + +51. THE POINT OF VIEW IN PROBLEM STUDY.--To see American democracy and +to see it as a whole should be our aim throughout the remainder of +this book. Now this is not easy. The danger is that the unwary student +will interpret the large amount of space devoted to "problems" as +meaning that American life is preeminently unsettled and defective. +This is a temptation to be guarded against. Though we shall uncover +many defects, it should be remembered that we are predominantly a +normal, healthy, prosperous people. But our virtues demand our +attention less urgently than do our defects. If we seem to be +overconcerned with the defects of American life, the student should +not conclude that American life is primarily defective. Rather, he +ought to realize that it is precisely because a situation involves a +problem that our attention is challenged. + +Nor should problems be looked upon as something to be ashamed of. +Where life is dull and civilization static, there are relatively few +problems; where life is progressive and civilization steadily +advancing, problems are numerous and pressing. Problems imply +adjustment, development, the desire for improvement and advancement. +They are signs of progress, the growing pains of civilization. If we +bear this in mind, we shall be in a fair position to see American +democracy in true perspective, without undue distortion of our +viewpoint, and without prejudice to our judgment. + + +QUESTIONS ON THE TEXT + +1. Why is there nothing to be gained by debating whether or not +American democracy is imperfect? + +2. Why has the circle of our problems been steadily widening during +the last century? + +3. Trace the relation between an enlarged social conscience and the +number of problems confronting us. + +4. What is one danger of paternalism? + +5. Give a definite example to illustrate the complexity of our modern +problems. + +6. Discuss the importance of the economic background in problem study. + +7. What problems may be included under the term "industrial reform"? + +8. What problems arise in connection with public interest in business? + +9. Name some of the problems arising in connection with the need for +effective government. + +10. What is the importance of individual responsibility in studying +the problems of American democracy? + +11. Outline clearly the point of view to be maintained in studying +these problems. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter v. + +Or all of the following: + +2. Bryce, _The American Commonwealth_, vol. ii, chapters ci, cxiv, +cxix, and cxxii. + +3. Dunn, _The Community and the Citizen_, pages vii-xii. + +4. McLaughlin, _Steps in the Development of American Democracy_, +chapter viii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What, according to Lord Bryce, are the essential intellectual +traits of the masses of the American people? (Bryce, pages 825-826.) + +2. Lord Bryce says that "there are elements in the life of the United +States which may well make a European of any class prefer to dwell +there rather than in the land of his birth." What are these elements? +(Bryce, pages 870-873.) + +3. What comment does Lord Bryce make upon the quality of humor in the +American character? (Bryce, page 876.) + +4. What three advantages does the United States have over European +countries in the matter of grappling with modern problems? (Bryce, +page 912.) + +5. Explain the statement that "Democracy rests on faith." (McLaughlin, +pages 181-182.) + +6. What is meant by the statement that "Democracy is fundamentally a +matter of human relationships"? (McLaughlin, pages 189-190.) + +7. What, according to Lord Bryce, are the four chief defects of +American democracy? (Bryce, page 632.) + +8. What are the essential qualities which civic education should aim +to cultivate? (Dunn, pages xi-xii.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a list of the problems which in any way affect you as a +citizen in the community. List these problems in the order in which +they occur to you, or are discovered by you. Comment upon the confused +and disorderly appearance of the problems so listed. + +2. Classify the problems on your list according as they are economic, +social or political. + +3. Classify the problems on your list according as they are local, +state or national. + +4. Comment upon the complexity and inter-relationship of the problems +so classified. + +5. What agencies, public, semi-public, or private, are studying the +problems on your list? + +6. What difference of interest do the citizens of your community show +in local, state and national problems? + + +II + +7. Defects of democratic government the world over. (Bryce, _Modern +Democracies_, vol. ii, pages 452-454.) + +8. The background of the problems of American democracy. (Merriam, +_American Political Ideas_, chapter i.) + +9. The hindrances to good citizenship. (Bryce, _Hindrances to Good +Citizenship_.) + +10. The promise of American life. (Croly, _The Promise of American +Life,_ chapter i.) + +11. Attitude of the individual in a democracy. (Hughes, _Conditions of +Progress in Democratic Government_.) + +12. The power of ideals in American history. (Adams, _The Power of +Ideals in American History_.) + +13. Ideals of citizenship. (Woodburn and Moran, _The Citizen and the +Republic_, chapter xx.) + +14. The future of democracy. (Bryce, _Modern Democracies_, vol. ii, +chapter lxxx.) + + + + +PART II--AMERICAN ECONOMIC PROBLEMS + + +A. ECONOMICS OF AMERICAN INDUSTRY + + +CHAPTER VI + +THE NATURE OF AMERICAN INDUSTRY + + +52. MAGNITUDE OF AMERICAN INDUSTRY.--In colonial times the major part +of American industry was concentrated along the Atlantic seaboard; to- +day it extends over a large part of the continent. A century and a +half ago our industrial system was still a relatively simple one, +giving rise to few pressing problems of national importance; at the +present time it is a vast and complicated affair, closely bound up +with many of the most vital problems which confront American +democracy. The activities which are commonly grouped under the head of +"American industry" are so numerous and so varied that a description +of all of them would carry us beyond the limits of this chapter. +Nevertheless, it is important that we secure some understanding of +these activities. A few pages may profitably be spent, therefore, in +discussing certain basic facts of American industry. + +53. FAVORABLE LOCATION OF THE UNITED STATES.--Let us commence by +noting that the location of the United States is favorable to the +development of industry. Of the two American continents, the northern +has the greater natural advantages. Each continent is roughly in the +form of a triangle with the apex or smaller end pointing southward, +but whereas the larger end of the South American triangle is within +the tropic zone and only the tapering end is within the more favorable +temperate zone, the greater part of the North American triangle is +within the temperate zone. With regard to location for world trade the +northern continent again has the advantage: the ports of South America +face a relatively empty ocean on the west and the little-developed +continent of Africa on the east; the ports of North America, in +addition to being more numerous and more suitable for commerce than +those of the southern continent, face the teeming Orient on the west, +and the great markets of Europe on the east. Moreover, the United +States occupies the choicest portions of the North American continent. +Our neighbor Canada has a cold and snow-bound frontier on her north, +while on our south Mexico and the Central American countries lie near +the tropics. The heart of temperate America, on the other hand, is +included within the territory of the United States. + +54. POPULATION.--Scarcely less important than the favorable location +of the United States is the character of the people occupying the +country. From less than four million in 1790, our population has +increased so rapidly that in 1920 there were 105,710,620 people within +the bounds of continental United States. As the population has +increased, it has spread over the Appalachians, into the great +Mississippi basin, and westward to the Pacific Ocean. Accompanying the +increase and westward spread of the population has come a greater +variety of racial types. Although our population was varied in +colonial times, the great majority of the settlers were from the +British Isles and northwestern Europe. In the latter part of the +nineteenth century immigration from northern Europe declined and more +and more immigrants began to come from southern and southeastern +Europe. So universal has been the attraction of America, that our +present population includes elements from every important country in +the world. From the industrial standpoint, the dominant +Characteristics of this composite American people are energy and +versatility. + +55. NATIONAL WEALTH.--Generations of industrious people have helped to +make the United States the wealthiest nation in the world. It has been +estimated that in 1850 our national wealth amounted to $8,000,000,000. +By 1900 the remarkable progress of American industry had increased +this figure to more than $88,000,000,000. In 1912 our wealth was +probably in excess of $180,000,000,000. Industrial and financial +disturbances during the period of the World War make later estimates +hazardous, nevertheless it is interesting to note that in 1921 the +wealth of the United States was estimated as being between +$350,000,000,000 and $400,000,000,000. According to this estimate, the +wealth of this country exceeded, in 1921, the combined wealth of Great +Britain, France, Germany, Italy, and Belgium. In weighing the value of +this comparison, however, we must take into consideration the heavy +destruction of wealth in western Europe because of the World War. + +56. WHAT THE AMERICAN PEOPLE ARE DOING.--A large percentage of the +inhabitants of the United States are engaged in some form of +productive work. According to the most recent estimates there are +approximately fifty million persons, male and female, over ten years +of age, engaged in gainful occupations in this country. Of these about +fourteen million are engaged in agriculture and allied industries, +while more than eleven million are busy in manufacturing pursuits. +Almost four million are found in some form of trade, and another four +million are employed in domestic and personal service. Transportation, +clerical work, and professional callings utilize the services of +several additional million. The great majority of those employed in +American industry are men, although the number of women in industry is +steadily increasing. Children have been found in industrial pursuits +since colonial times, but of recent years there is a growing movement +to restrict or prohibit the employment of children in gainful +occupations. + +57. FORESTS AND MINERALS.--The natural resources of the United States +play a large part in our industrial life. One fourth of the territory +of the United States is still covered with timber. We are abundantly +supplied with coal and iron, the two most important industrial +minerals. Our coal deposits outrank, both in quantity and in quality, +those of any other country. Iron is found in most of the states in the +Union, the high-grade deposits of the Lake Superior area being of +special importance. We produce more than half of the world's supply of +copper, which, after coal and iron, is the most important industrial +mineral. Our supply of petroleum and natural gas is large, and in +spite of the waste which has characterized our use of these important +commodities, our production of both is still great. Gold, silver, +zinc, lead and phosphates are produced in the United States in large +quantities. Indeed, we have ample supplies of practically all of the +minerals of importance to industry, except platinum, tin, and nickel. + +58. AGRICULTURE.--Until very recently, at least, agriculture has been +by far our most important industry. Of the two billion acres +comprising continental United States, approximately half are under +cultivation. In most sections of the country the quality of the soil +is good, and rainfall is ample. We have long led the world in the +value of farm crops grown. Our production of wheat, corn, oats, +barley, rye, and dairy products totals an enormous figure. The steady +enclosure of lands formerly used for grazing stock is restricting our +production of food animals, but we are still important as a producer +of meats. Most of the world's tobacco is grown in this country. The +world's supply of cotton is derived mainly from southern United +States. Finally, our soil is of such variety, and our climate so +diversified, that the danger of a general crop failure is slight. A +loss in one part of the country is almost certain to be offset by good +crops in another. + +59. MANUFACTURING.--In colonial times American manufactures were +subjected to more or less restraint by Great Britain, but after the +Revolution these industries entered upon a period of free and rapid +development. Modern machinery was introduced rapidly after 1800, large +scale production was developed, transportation was fostered, and +larger and larger markets were supplied with the products of American +manufacturers. Particularly since the Civil War has the importance of +our manufactures increased. This increase has been due chiefly to the +large scale production of foodstuffs, including meats and flour; +textiles; iron and steel products; shoes; chemicals; and agricultural +machinery. According to recent census figures it would appear that we +are passing from a predominantly agricultural life to a stage in which +manufacturing is of relatively greater importance. + +60. TRANSPORTATION AND COMMUNICATION.--The physical geography of the +United States encourages the development of adequate means of +transportation and communication. The St. Lawrence-Great Lakes system +gives easy access to the most fertile section of the continent. The +Mississippi and its tributaries drain a million square miles of farm +land. We have, in addition to 18,000 miles of navigable rivers, a +greater coast line available for commerce than has the whole of +Europe. New York is the world's greatest seaport. + +Few mountain ranges hamper the development of transcontinental +railroads in this country, and of these only one, the Rockies, is a +serious obstacle to effective transportation. Our railroad mileage is +enormous, a half dozen transcontinental lines being supplemented by +numerous smaller roads and feeding lines. We have more than 2000 miles +of canals in operation. Cheap and rapid transportation between the +different parts of the country, supplemented by adequate means of +communication by telephone, telegraph, and the postal service, +undoubtedly has been one of the greatest factors in our national +prosperity. + +61. DOMESTIC AND FOREIGN TRADE.--The great majority of our products +are not shipped to foreign markets, but are utilized within the +country. We are still so young and so undeveloped a country that our +manufacturers have been kept busy supplying the domestic market. This +fact, together with the American manufacturer's lack of knowledge +concerning the possibilities of foreign trade, explains our neglect of +foreign markets. In proportion as our manufacturers catch up with the +domestic market, and in proportion as their knowledge of foreign +markets increases, it is likely that they will give more and more +attention to customers in other countries. + +But though a very small proportion of our products are sent abroad, +the foreign trade of the United States exceeds in value the foreign +trade of any other country. This predominance is due, not so much to +our search for foreign markets, as to the steady demand in other +countries for three classes of goods in the production of which we +have a distinct advantage. These three classes of goods are, first, +raw materials of which we have a great abundance, such as cotton and +copper; second, specialties invented and patented by Americans, such +as inexpensive automobiles, typewriters, and phonographs; and, third, +commodities which may be advantageously produced by large-scale +methods, such as agricultural machinery and the cheaper grades of +textiles. + +62. SUMMARY AND FORECAST.--We have very briefly surveyed some of the +basic facts of American industry. On the one hand, the favorable +location and the rich natural resources of the United States have +furnished a substantial basis for industrial progress. On the other +hand, we must note that the American people are energetic and +versatile,--combining, to a happy degree, the qualities of initiative +and originality, perseverance and adaptability. The great wealth and +prosperity of the country as a whole have been the result of the +combination of a favorable land and an able people. + +This is not the whole of the story, of course. It must be admitted +that, with all of our wealth, we continue to face serious charges of +poverty and industrial maladjustment. These charges are of great +importance, but it should be remembered that no problem can be solved, +or even intelligently attacked, until the essential facts are well in +hand. We have briefly described the nature of American industry. What +we have now to do, as a preliminary to considering the problem of +poverty and industrial reform, is to analyze the economic laws in +accordance with which American industry has developed. The essential +facts of the next four chapters cannot be weighed too carefully. + + +QUESTIONS ON THE TEXT + +1. To what extent has the character of American industry changed in +the last century and a half? + +2. Compare North America with South America with respect to natural +advantages. + +3. Outline the changes which have occurred in the population of the +United States since 1790. + +4. Trace briefly the increase in our national wealth since 1850. + +5. What are the chief occupations of the American people? + +6. Name three important industrial minerals, and comment on our supply +of each. + +7. What are the chief characteristics of American agriculture? + +8. Outline the growth of our manufacturing industries. + +9. How are transportation and communication encouraged by the physical +geography of the United States? + +10. Why is our domestic trade of relatively greater importance than +our foreign trade? + +11. To what three types of goods is our predominance in foreign +markets due? + +12. What qualities of the American people have contributed to their +industrial success? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy,_ chapter vi. + +Or all of the following: + +2. Bishop and Keller, _Industry and Trade,_ chapters i and ii. + +3. Bogart, _Economic History of the United States,_ chapter i. + +4. Fetter, _Modern Economic Problems,_ chapter i. + +5. King, _Wealth and Income of the People of the United States,_ +chapter iii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Describe briefly each of the six regions into which continental +United States may be divided. (Bogart, pages 11-12.) + +2. Why has the animal life of the North American continent declined in +significance since colonial times? (Bogart, page 8.) + +3. Into what five divisions may the forests of the United States be +classified? (Bishop and Keller, pages 27-28.) + +4. What may be said as to the temperature of the United States? +(Bogart, pages 12-13.) + +5. What may be said as to the extent of rainfall in the United States? +(Bogart, page 13.) + +6. Explain the importance of water power in the United States. +(Bogart, pages 3-4.) + +7. What changes in farm land values have been brought about in the +last century? (King, pages 22-27.) + +8. Discuss the value of urban land in the United States. (King, pages +15-21.) + +9. Why is it extremely difficult to measure the wealth of the United +States? (Fetter, pages 6-10.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Trace the growth in the population of your state since 1880. What +have been the chief sources of this increase? + +2. To what extent has the population of your state been affected by +immigration from Europe? What attracts immigrants to your state? Have +there been any changes in the character of this immigration since +1880? + +3. Classify the population of your state on the basis of occupation. +(Secure data from the State Board of Labor, or State Bureau of +Statistics.) + +4. Estimate the material wealth of your community. What light does the +result throw upon the difficulties of summarizing the wealth of the +nation? + +5. Discuss the importance in the economic life of your section of + +(a) Agriculture, + +(b) Mining, + +(c) Forestry, + +(d) Manufacturing. + + +II + +6. The economic geography of your section. (Consult Dryer, _Elementary +Economic Geography_.) + +7. A comparison of America three hundred years ago with the America of +to-day. (Price, _The Land We Live In_, chapters i and ii.) + +8. Character of the American population. (Burch and Patterson, +_American Social Problems_, chapter ix.) + +9. An analysis of the American character. (Bryce, _The American +Commonwealth_, vol. ii, chapters cxiv and cxv.) + +10. Ways of getting a living. (Carver, _Elementary Economics_, chapter +xv.) + +11. Geographical distribution of cities and industries in the United +States. (Semple, _American History and Its Geographic Conditions,_ +chapter xvi.) + +12. Agricultural industries in the United States. (Bishop and Keller, +_Industry and Trade,_ part ii. Smith, _Commerce and Industry,_ +chapters i, in, iv, v, and vi.) + +13. Animal industries in the United States. (Bishop and Keller, +_Industry and Trade,_ part iii. Smith, _Commerce and Industry_, +chapter ii.) + +14. Power. (Smith, _Commerce and Industry_, chapter ix.) + +15. Mineral industries in the United States. (Bishop and Keller, +Industry and Trade, part iv. Smith, _Commerce and Industry_, chapters +viii, xiii, xiv, and xv.) + +16. Manufacturing industries in the United States. (Bishop and Keller, +_Industry and Trade_, part v.) + +17. Trade routes of North America. (Smith, _Commerce and Industry_, +chapter xvi.) + +18. The foreign trade of the United States. (Dryer, _Elementary +Economic Geography_, chapter xxxii. See also any other recently +published text on this general field.) + + + + +CHAPTER VII + +WHAT IS MEANT BY PRODUCTION + + +63. WHY MEN WORK.--Ultimately everyone depends upon work for his +living. Young children commonly live upon the earnings of their +parents; most normal adults, on the other hand, depend upon their own +efforts for their living. Since every individual probably works +because of a combination of motives, it is possible somewhat to +analyze the reasons why men work. The most fundamental reason for +working is in order to preserve one's life. This assured, the +individual is in a position to work in order to preserve the lives of +those who are near and dear to him. When the necessities of life have +been provided, work is commonly continued for the sake of acquiring +comforts or luxuries. + +Under a well-regulated legal system these efforts of the individual +also benefit the community, but until he is able to support himself +and his family, the average individual does not consciously make the +public interest the chief end of his labors. However altruistic a man +may be, he will not be able to labor consistently in behalf of others, +unless he will thereby serve his own interests as well, or unless his +personal needs have already been met. + +64. THE OLD WAY OF GETTING A LIVING.--The economic history of +eighteenth century England illustrates two rather distinct methods of +getting a living, one of which may be called the old, and the other +the new. Up to about the middle of the century, the masses of +Englishmen, in common with the people of other countries, got a very +poor living. Most common necessities were made in the home and for +purely family use. Shoes, clothing, tools, and similar articles were +produced laboriously and on a small scale. In comparison with +industrial conditions in the nineteenth century, there was at that +time little industrial coöperation [Footnote: By coöperation is here +meant simply the working together of different persons or groups of +persons. Coöperation in this sense is to be distinguished from +coöperation as discussed in Chapter XII.], little division of labor, +little suspicion that men were, in spite of hard work engaged in for +long hours, getting a very poor living. The trouble was, partly, that +men had not yet fully realized the possibilities of helping one +another, and partly that they were ignorant of how to make Nature +really an efficient aid in getting them a living. + +65. THE NEW WAY OF GETTING A LIVING.--After the middle of the +eighteenth century the invention of a series of remarkable machines +enabled Englishmen greatly to increase their productivity, first in +the manufacture of textiles, and later in numerous other industries. +By subdividing their labor more and more minutely, and by each +specializing in the particular type of work which he could do best, +men found that their total output could be greatly increased. This +complex division of labor, made possible by the use of water and steam +power to run machines and to move vehicles of transportation, reduced +the difficulty of getting a good living, that it constituted a +veritable revolution in industry. Indeed, this change is known in +history as the Industrial Revolution. + +66. EFFECTS OF THE INDUSTRIAL REVOLUTION.--In the last century and a +half the Industrial Revolution has spread to every important civilized +country in the world, everywhere encouraging the application of +machine methods to more and more industries. This change from +production on a small scale, and often by hand, to large-scale +production in factories equipped with complex machines, has had +important results. It has so increased our control over Nature that +even the humblest workman of to-day enjoys many comforts denied kings +a few centuries ago. On the other hand, the Industrial Revolution has +tended to create a numerous class which depends entirely upon wages, +and to set off against this class an employing group which possesses +and controls most of the income-producing equipment of industry. The +significance of this last development will become clearer as we go +along. + +67. NATURE OF MODERN PRODUCTION.--In the study of modern production +two fundamental facts confront us. The first is that the economist +does not define production as merely the making of material objects. +We desire material objects only if they will satisfy our wants. Since, +also, the satisfaction of wants is the important thing, it is clear +that the performance of a service, such as teaching or painting, may +be more important than the manufacture of a material object which no +one wants. Production may thus be defined as the satisfaction of human +wants. The manufacturer of a material object is productive only if +that object is wanted by someone; he who supplies personal or +professional service is productive if that service satisfies the wants +of someone. + +The second fundamental fact which confronts the student of modern +production is the complexity of our industrial system. Three hundred +years ago most of the commodities in daily use were made, either in +the home and by the family members, or by small groups of artisans +working together under relatively simple conditions. To-day production +is a vast and complicated process. To the eye of the untrained +observer a great mass of factories, farms, railroads, mills, machines, +ships, and busy laborers appears without order and, often, without +purpose. The task immediately before us is to analyze this mass, and +to point out the nature of the various factors which contribute to the +productive power of a community. + +68. NATURE A FIRST FACTOR IN PRODUCTION.--Nature is defined by the +economist as inclusive of all of the materials and forces furnished in +the form of land and its products, oceans, lakes, rivers, rain, +humidity, and climate. Since Nature is rather a vague term, and since, +also, the economist looks upon land as the most important element in +Nature, we may lump together all of the materials and forces of Nature +and apply the term "land." + +Taken in this sense, land is clearly of great importance in +production. We build houses and factories upon it, we use it as a +basis of transportation, we harness its motive power, and we make +extensive use of the innumerable raw materials which it furnishes. +Without land there could be no production, in the sense in which the +economist understands the word. + +69. MAN'S LABOR A SECOND FACTOR IN PRODUCTION.--Something besides +land, or Nature, is necessary before our wants can be satisfied. +Nature is often careless of our needs and desires. True, she offers us +berries, coal, firewood, and many other commodities which are +practically ready to use, but even these articles will not satisfy our +wants unless we go to the trouble to secure possession of them. In an +important sense Nature is passive, and if she is to furnish us with a +living, we must engage in labor. This labor may be mental or physical, +the important point being that it is effort undertaken to increase our +control over Nature. Savages are content to use products in +substantially the form in which Nature provides them; civilized +peoples work over the products of Nature until the utility or want- +satisfying power of those products has been greatly increased. Man's +living improves as he progresses from indolence to hard physical +labor, then from hard physical labor alone to a combination of +physical and mental labor intelligently directed. + +70. CAPITAL A THIRD FACTOR IN PRODUCTION.--Land to furnish raw +materials, and man to make use of those materials,--what more is +necessary? Nothing else would be necessary if all of Nature's gifts +were readily accessible, and if man unaided could make the best use of +them. But Nature hides or disguises many of her treasures, and man is +physically weak. Hence he has hit upon the device of making tools to +help him in his contest with Nature. During the period of the +Industrial Revolution many simple tools were supplanted by complicated +devices run by power and called engines and machines. To the economist +tools and similar devices are a form of capital, capital being defined +as inclusive of everything which man has created, or caused to be +created, in order to help in further production. [Footnote: Land has +not been created by man but is a gift of Nature. Land, therefore, is +not a form of capital.] + +The fashioning of hammers and saws, the construction of railways, and +the manufacture of machinery, all these operations create capital. The +systematic creation and use of capital is one of the distinguishing +features of modern civilization. The laborer alone can produce little; +aided by capital he can produce much. Capital is not important if one +is willing to live like a savage; on the other hand, it is +indispensable if one wishes to enjoy the benefits of civilization. + +71. COÖRDINATION A FOURTH FACTOR IN PRODUCTION.--Land, labor, and +capital are factors in production. Two hundred years ago nothing else +was essential to production. The average individual had his own land, +produced his own tools or capital, and relied chiefly or entirely upon +his own labor. + +But the Industrial Revolution enlarged and complicated production. It +created an industrial system in which the individual is generally a +specialist, producing a surplus of his one product, but dependent upon +numerous other persons for most of the things which he personally +consumes. To-day, for example, there are numerous individuals raising +cattle, the hides of which are to be made into shoes; other +individuals are perfecting means of transportation so that those hides +may be carried to market; still other persons concern themselves only +with the building of factories or with the manufacture of machines +with which to work those hides into shoes. These various individuals +and groups may never see each other, nevertheless they aid one +another. + +The secret of this often unseen and unconscious coöperation is that +there are individuals who specialize in the work of connecting up, or +coördinating, the other factors which are necessary to the production +of shoes. These individuals, about whom we shall have more to say in +the next chapter, constitute an important economic group. They +coördinate, in the example given above, the cattle grower, the +railroad manager, the tanner, the factory builder, and the +manufacturer, and thus make possible a kind of national or even +international coöperation which would otherwise be impossible. Those +whose function it is to promote this coöperation are, therefore, +indispensable factors in modern production. + +72. GOVERNMENT A FIFTH FACTOR IN PRODUCTION.--A cursory examination of +modern industry would convince the observer that land, labor, capital, +and coördination are important factors in production. There is, in +addition, a factor which is so fundamental, and of such essential +value, that it is sometimes overlooked altogether. This is the work of +the government in protecting productive enterprises. Government aids +in production by suppressing theft, violence, and fraud; by allowing +individuals to engage in helpful businesses; by enforcing contracts +entered into legally; and by punishing many kinds of monopolistic +abuses. [Footnote: We shall take up the problem of monopoly in +Chapters XXVII and XXVIII.] The whole fabric of American prosperity is +built upon the foundation of law and order. + +73. SUMMARY AND FORECAST.--Production in the economic sense consists +in doing that which will satisfy human wants. Modern production is a +vast and complicated process, involving the coöperation of five +factors: land, labor, capital, coördination, and government. In a +later chapter we shall find that there are wide differences of opinion +as to the relative importance of some of these factors. We shall find, +indeed, that the most vital economic problems which confront American +democracy depend for their solution upon a clear understanding of the +facts stated or implied in this chapter. The student ought not, +therefore, to accept hastily the statement that land, labor, capital, +coördination, and government are necessary in production, but ought +rather to reason out just how and why each is actually helpful in +American industry. + + +QUESTIONS ON THE TEXT + +1. What are the chief reasons why men work? + +2. Describe the "old way of getting a living." + +3. Just what is meant by the "new way of getting a living"? + +4. What were the chief effects of the Industrial Revolution? + +5. What is the economist's definition of production? + +6. Just how does Nature help in production? + +7. Explain the relation of Nature to land. + +8. Show how man's labor is necessary in production. + +9. What is the nature and function of capital? + +10. Discuss coördination as a factor in production. + +11. Name a fifth factor in production. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter vii. + +Or all of the following: + +2. Carver, _Elementary Economics_, chapters ix-xiii. + +3. Adams, _Description of Industry_, chapter v. + +4. Ely, _Outlines of Economics_, chapter viii. + +5. Smith, _Wealth of Nations_, Book I, chapters i and ii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What instinct in man gives rise to the division of labor? (Smith, +chapter ii.) + +2. Name and distinguish between the two kinds of division of labor. +(Carver, pages 77-82.) + +3. How does pin making illustrate the principle of the division of +labor? (Smith, chapter i.) + +4. How does the meat packing industry illustrate the principle of the +division of labor? (Ely, page 125.) + +5. To what extent does the cotton mill illustrate the principle of the +division of labor? (Ely, pages 124-125.) + +6. What are the three fundamental advantages which result from the +division of labor? (Smith, chapter i; Carver, pages 75-76; Ely, page +126.) + +7. What are the effects of the complex division of labor upon the +worker? (Ely, pages 127-128.) + +8. Describe the chief sources of power utilized by man. (Carver, +chapter x.) + +9. Discuss the origin of capital. (Carver, chapter xi.) + +10. What are the two factors which give value to land? (Carver, page +111.) + +11. Explain the statement that thousands of individuals coöperate to +furnish the humblest workman with food and clothing. (Smith, chapter +i.) + +12. What is the secret of modern industrial efficiency? (Adams, page +87.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Visit a factory, mill or shop in your vicinity and study the +organization of the plant with regard to the application of the +principle of the division of labor. Secure the amount of output per +man by dividing the total product by the number of workmen coöperating +in its production. Compare the output per man under these conditions +with the probable output per man if each workman were working +separately, without material assistance from other workmen. + +2. Study, both by inquiry and by observation, the effects of the +division of labor upon the health and spirits of the workmen in the +factory, mill or shop visited. + +3. Classify the industries in your locality on the basis of whether +they rely chiefly or entirely upon human, animal, water, steam or +electric power. Why does each industry not utilize some other form of +power than that actually used? + +4. Classify some of the familiar occupation groups in your community +according as they derive their incomes chiefly or entirely from land, +labor, capital, or the process of coördinating land, labor, and +capital. Test the productivity of each group by the standard advanced +in section 67 of the text. + +5. Attempt to show to what extent each of the five factors of +production has contributed toward the erection and furnishing of your +schoolhouse. + + +II + +6. The Industrial Revolution in England. (Ely, _Outlines of +Economics_, chapter iv. Cheyney, _Introduction to the Industrial and +Social History of England_, chapter viii.) + +7. Colonial industries. (_Lessons in Community and National Life_, +Series A, pages 73-83; Series B, pages 17-25; Series C, pages 17-25. +See also Bogart, _Economic History of the United States_, chapter iv.) + +8. The Industrial Revolution in the United States. (Bogart, _Economic +History of the United States_, chapter xii. Ely, _Outlines of +Economics_, chapter vi. Marshall and Lyon, _Our Economic +Organization_, chapter viii.) + +9. The significance of the cotton gin. (Consult an encyclopedia.) + +10. Cyrus McCormick and the reaper. (Consult an encyclopedia.) + +11. The story of a loaf of bread. (Wood, _The Story of a Loaf of +Bread_. Additional material on this subject may be secured by writing +to the International Harvester Company, Chicago.) + +12. The story of iron and steel. (Smith, _The Story of Iron and +Steel_, pages 23-126.) + +13. Development of business organization. (_Lessons in Community and +National Life_, Series A, pages 169-178.) + +14. Economic work of the United States government. (Dryer, _Economic +Geography_, chapter xxxiii.) + + + + +CHAPTER VIII + +EXCHANGING THE PRODUCTS OF INDUSTRY + + +74. RELATION OF THE DIVISION OF LABOR TO EXCHANGE.--In the self- +sufficing stage that existed in industry a few hundred years ago, +there was generally little necessity for the exchange of products. +Each family produced most of the commodities which it needed, and +depended relatively little upon the products of persons outside the +family circle. + +But the complex division of labor which developed out of the +Industrial Revolution has made the exchange of products increasingly +important. To-day the typical workman concentrates upon one particular +kind of work, and is content to exchange a share of his earnings for +the numerous goods and services which he cannot supply for himself. +Exchange thus increases the total output of the community or nation by +permitting individuals to specialize in those commodities which they +can produce most effectively. + +75. RELATION OF TRANSPORTATION AND COMMUNICATION TO EXCHANGE.-- +Exchange is largely dependent upon transportation and communication. +In the United States, for example, not only do the individuals of a +particular community specialize in various types of work, but the +different sections of the country are devoted to the production of +those commodities for which they are best suited. Thus it is largely +true that New England is best suited to manufacturing, the South to +the growing of cotton, and certain parts of the West to the production +of lumber and foodstuffs. The suitability of a region to a particular +class of products is due, partly to location, partly to the nature of +the soil and the climate, and partly to the inclination and training +of the people. But whatever its causes, this territorial division of +labor could not be carried out without an efficient system of +transportation and communication. Communication by mail, telephone, +and telegraph is necessary to allow producers and consumers in +different parts of the country to keep in touch with one another. +Transportation by land and water is necessary if the surplus products +of one section are to be exchanged for the surplus products of other +sections. + +76. TYPES OF COÖRDINATORS.--Those who perform the work of coördination +in industry are commonly referred to indiscriminately as business men, +middlemen, or entrepreneurs. [Footnote: the term "entrepreneur" is +awkward and little known, but no more satisfactory term is available.] +The meaning of these three terms is distinguished with difficulty, but +to avoid confusion later on the essential character of each should be +pointed out here. The term business man is very wide, and is commonly +inclusive of all who actively engage in any sort of business. The +primary function of the middleman is to act as a connecting link +between various industrial enterprises. The entrepreneur, on the other +hand, is primarily an individual who coördinates land, labor, and +capital with the intention of initiating and conducting a business +enterprise. In so far as he acts as a connecting link between other +industrial agents, the entrepreneur is a middleman, but the middleman +is usually thought of as an individual who connects up existing +businesses, rather than initiating a new enterprise. To the functions +of the entrepreneur we shall return in the next chapter; here it is +the middleman proper who is our chief concern. + +77. IMPORTANCE OF THE MIDDLEMAN.--The chief stages of shoe manufacture +may serve to illustrate the great importance of the middleman in +exchange. The middleman, anticipating a demand for beef and hides, +connects the cattle grower with the live-stock market. Still later it +is a middleman who offers raw hides to the tanner, and who sees that +the wholesale leather merchant comes into business contact with the +tanner. The banker or broker who connects the entrepreneur with the +money with which to set up a shoe factory may be called a middleman, +as may the individual who aids the entrepreneur in getting the +required amounts of land and labor with which to start manufacturing. +When, under the direction of the entrepreneur, the shoe has been +manufactured, it is often a middleman who connects the shoe wholesaler +with the finished product. The jobber who buys large quantities of +shoes from the wholesaler and sells them to the retailer in small lots +is a middleman. The advertising man whose description and pictorial +representation of the shoe causes the consumer to buy it of the +retailer is also a middleman. + +78. NOT ALL MIDDLEMEN ARE SOCIALLY NECESSARY.--By coördinating the +work of these various individuals, many of whom are themselves +middlemen, the middlemen whom we have been describing allow the +community to secure the full benefit of the division of labor and of +exchange. Where there exist just enough middlemen to coördinate with +maximum efficiency the various industrial agents of a community, the +community gains. When, on the other hand, there are more middlemen at +work than are really needed to perform the work of industrial +coördination, the community loses. This loss is a double one: first, +the working energy of the superfluous middlemen is wasted, or at least +is applied uneconomically; second, middlemen are paid, directly or +indirectly, out of the product which they handle, so that the handling +of a commodity by an unnecessarily large number of middlemen means +higher prices for the ultimate consumers of that commodity. [Footnote: +The existence of superfluous middlemen constitutes a grave problem, to +which more and more attention is being given. Various aspects of this +problem are discussed in Chapters XII and XXV.] + +79. BARTER.--We have seen _what_ the middleman does; it remains to +point out _how,_ or by means of what mechanism, he performs his +functions. When savages, and civilized peoples living under primitive +conditions, wish to exchange their surplus goods, they generally +resort to barter, _i.e.,_ they exchange one commodity directly for +another. Where the division of labor has been so little developed that +the goods to be exchanged are relatively few, this may work very well, +but in modern industry barter would be inexpedient, if not impossible. +The farmer who had a surplus of cattle and desired a piano might have +great difficulty in finding a man who had a surplus piano and who also +desired cattle. Even though the farmer liked the piano in question, +and even though the owner of the piano were pleased with the farmer's +cattle, it might be impossible to measure the value of the piano in +units of cattle. + +80. NATURE AND FUNCTION OF MONEY.--To facilitate exchange civilized +peoples make an extensive use of money. Money may be defined as +anything that passes freely from hand to hand as a medium of +exchange. [Footnote: The terms "money" and "capital" are often used +interchangeably. Strictly speaking, however, money is a form of +capital. Moreover, it is only _one_ form of capital] In modern times +gold, silver, nickel, and copper coins have been the most familiar +forms, though paper currency is also an important form of money. There +is nothing mysterious about money: it is simply a means of +facilitating exchange by saving time and by guaranteeing accuracy in +measuring the relative values of commodities. + +Let us see how money actually aids in the exchange, say, of cattle and +pianos. The farmer disposes of his cattle to a middleman, receiving in +return money, the authenticity of which is guaranteed by the +government's stamp upon its face. There is no difficulty in making +change, for money can be so minutely divided as to measure the value +of an article rather exactly. The farmer does not fear that he could +not use the money received for the cattle, for money is generally +accepted in exchange for any commodity. The farmer now offers the +money to the piano-owner, who is probably a middleman. Again the fact +that money is finely divisible allows an accurate money measure of the +value of the piano. The owner of the piano, if he is satisfied with +the amount of money offered, does not hesitate to accept the farmer's +money, since he, too, realizes that he can use the money to purchase +the things that he in turn desires. + +81. VALUE AND PRICE.--We have used the term "value" several times; as +part of our preparation for the study of the great problem of +industrial reform, we must understand precisely what is meant by the +term. + +Suppose, for the sake of clearness, that we speak of a market as a +definite place where goods are bought and sold. Individuals take or +send their surplus products to the market for sale; individuals +desiring to buy commodities likewise resort to the market. In the +market commodities are said to have value, that is to say, they have +power in exchange. The power of a commodity in exchange is measured in +money, and the amount of money for which a commodity will exchange is +called its price. Price is thus a measure, in terms of money, of the +value of a commodity. + +The value of a commodity in the market is dependent, partly upon its +utility, or want-satisfying power; and partly upon its scarcity. In +other words, the value of a commodity depends partly upon the +intensity with which it is desired by persons able and willing to +purchase it, and partly upon its available supply. Price is set as the +result of the interaction of the forces of supply and demand, this +interaction commonly taking the form of a bargaining process between +prospective sellers and prospective buyers. + + +QUESTIONS ON THE TEXT + +1. Explain clearly the relation between the division of labor and +exchange. + +2. To what extent is exchange dependent upon transportation and +communication? + +3. Name three types of coördinators, and distinguish between them. + +4. Illustrate the functions of the middleman with reference to the +shoe industry. + +5. Where there exist in a community more middlemen than are really +needed, what double loss results? + +6. What is barter? + +7. Why is barter not extensively used in modern industry? + +8. Define money. + +9. What is the primary function of money? + +10. Give an illustration of the service performed by money. + +11. Define value. Distinguish between value and price. + +12. Upon what two factors is value dependent? + +13. How is price set or determined? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter viii. + +Or all of the following: + +2. Adams, _Description of Industry_, chapter viii. + +3. Carver, _Elementary Economics_, chapters xix, xx, xxi, xxii, and +xxiv. + +4. Hayward, _Money, What It Is and How to Use It_, chapter viii. + +5. Smith, _Wealth of Nations_, Book 1, chapters iii and iv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Name some commodities which at one time or another have been used +as money. (Carver, pages 215-216.) + +2. Why were precious metals first coined? (Smith, chapter iv.) + +3. What is meant by the phrase "Time is money"? (Carver, page 183.) + +4. What is the function of the bank check? (Hayward, pages 58-60.) + +5. Explain the meaning of scarcity. (Carver, page 203.) + +6. What are the characteristics of a modern market? (Adams, pages 139- +148.) + +7. What is meant by the "higgling of the market"? (Adams, page 139.) + +8. What is the "first law of the market"? (Carver, page 201.) + +9. What are the four industrial agencies on which the organization and +practice of the modern market depend? (Adams, pages 148-152.) + +10. What is meant by the "widening of the market"? (Carver, page 171.) + +11. Explain the statement that "the division of labor is limited by +the extent of the market." (Smith, chapter iii.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. In the production of what commodities do the people of your section +tend to specialize? To what extent is this specialization due to the +nature of the soil and climate? To geographical location? To the +training of the people? + +2. What becomes of the surplus products of your section? Trace these +products as nearly as possible to the ultimate consumer. + +3. List the articles of food which appear on your dinner table and +attempt to discover the source of each. + +4. To what extent does the exchange of products in your section take +place by means of canals, inland waterways, ocean-going vessels, motor +truck, horse teams, railroads? + +5. To what extent are the telephone and telegraph used to facilitate +exchange in your section? + +6. Visit a near-by market and study the operations there, with +reference to the facts discussed in this chapter. + +7. List and classify the middlemen of your community. + + +II + +8. Internal trade and transportation in the United States a century +ago. (Bogart and Thompson, _Readings in the Economic History of the +United States_, pages 240-251.) + +9. Transportation and communication in the United States since 1860. +(Bogart, _Economic History of the United States_, chapters xxiv and +xxv.) + +10. Early forms of money. (Bullock, _Selected Readings in Economics_, +pages 387-399.) + +11. Forms of money at the present time. (Adams, _Description of +Industry_, chapter x.) + +12. Why coinage is necessary. (Bullock, _Selected Readings in +Economics_, pages 399-400.) + +13. The minting of coins. (_Lessons in Community and National Life_, +Series C, pages 177-185.) + +14. Paper money. (_Lessons in Community and National Life_, Series C, +pages 185-192.) + +15. Functions of money. (Adams, _Description of Industry_, chapter x.) + +16. The commercial bank. (_Lessons in Community and National Life_, +Series A, pages 187-192.) + +17. An English fair in the eighteenth century. (Bullock, _Selected +Readings in Economics_, pages 325-333.) + +18. The development of business organization. (Marshall and Lyon, _Our +Economic Organization_, chapters ix and x.) + + + + +CHAPTER IX + +DISTRIBUTING THE INCOME OF INDUSTRY + + +82. THE PROBLEM PRIOR TO THE INDUSTRIAL REVOLUTION.--The distribution +of industrial income has to do with dividing the products of industry, +or the money which represents those products, among the various +individuals who have aided in their creation. + +The problem of distribution has existed ever since men first combined +for purposes of production, but until the period of the Industrial +Revolution the question was relatively unimportant. When, three +hundred years ago, most necessities were produced within the family +circle, there was little or no question as to whether or not +individuals outside the family ought to be rewarded for having helped +in the production of those commodities. If one member of the family +made an entire pair of shoes, for example, he was clearly entitled to +those shoes, at least so far as economic principles are concerned. +Even where different members of the family combined to produce a pair +of shoes or an article of clothing, the small number of persons +involved, as well as the close identity of interests among the family +members, kept the problem of distribution from becoming a serious one. + +83. EFFECT OF THE INDUSTRIAL REVOLUTION UPON THE PROBLEM.--The +Industrial Revolution greatly increased the importance of the problem +of distribution. Indeed, the growth of the factory system, and the +greater and greater complexity of the division of labor, have made the +distribution of industrial income the basic problem in our economic +and social life. Many commodities are still produced by individuals +working independently, or by the joint efforts of the members of a +family, but the vast majority of commodities are now produced by the +joint efforts of numerous individuals who are not bound together by +family ties. The production of a factory-made shoe, for example, +involves large numbers of people, including the cattle grower, the +transportation agent, the tanner, numerous laborers, the individuals +who supply land and capital to the entrepreneur, and the entrepreneur +who conducts the enterprise. The welfare of millions of people is +involved in the distribution of industrial income among individuals +who coöperate in such enterprises as this. + +84. DIFFICULTY OF THE PROBLEM.--Under modern industrial conditions +most commodities are produced by the combined efforts of large numbers +of people. All these people help along the productive process, though +in different ways and to a varying degree. Since all help, all are +entitled to payment. But this is less simple than it sounds. How shall +we determine how much each one helps, and how shall we decide how much +each one is to receive? + +At the outset of the discussion, we can be sure of at least one fact, +_i.e._ that since all the individuals involved in a given enterprise +must be paid out of the value of the finished product, the combined +sums received by them cannot long exceed the total value of that +product. Unfortunately, this fact is often overlooked. Many of the +individuals who aid in production often become so intent upon securing +their share, that they are over-ready to explain their contribution to +the product, but loath to give due credit to those who have coöperated +with them. It is the belief that some individuals receive too little +of the joint income of industry, while other individuals receive too +large a share, which has given rise to the charge of injustice in the +distribution of wealth. + +85. SIGNIFICANCE OF THE ENTREPRENEUR IN DISTRIBUTION.--For the sake of +clearness, let us continue to illustrate the nature of distribution by +reference to the shoe industry, carried on under conditions which are +not unduly complicated. + +The individual having control of the actual manufacture of the shoes +is the entrepreneur. It is he who, in anticipation of a demand for +shoes, has initiated the enterprise. Suppose, for the sake of +simplicity, that the entrepreneur has secured land from the land- +owner, capital from the capitalist, and labor from the workmen. +Protected in a legitimate enterprise by the government, he has set +himself up as a manufacturer of shoes. Since he is in control of the +enterprise, it is he who pays the land-owner, the capitalist, and the +laborers, for their respective contributions toward the finished +shoes. + +The amounts received by the individuals coöperating with the +entrepreneur are not, however, arbitrarily determined. The +entrepreneur must bow to economic law, and give these individuals what +free competition in industry sets as a proper reward for their +respective services. Let us examine into this conformity to economic +law. + +86. THE LAND-OWNER RECEIVES RENT.--The land-owner is rewarded because +he extends the use of land to the entrepreneur. A land-owner could not +be expected to, and will not, allow the entrepreneur free use of this +land. The land-owner must therefore be paid for the use of the land. +The entrepreneur, on the other hand, is able and willing to pay for +the use of the land because upon it he expects to build a factory in +which to manufacture shoes. He therefore pays the land-owner an amount +of money called rent. The amount of rent paid for a piece of land +depends partly upon how much the entrepreneur wants the land, and +partly upon the available supply of land of the type wanted. This is +equivalent to saying that rent is determined by the interaction of the +two forces of supply and demand. + +87. THE CAPITALIST RECEIVES INTEREST.--Besides land, the entrepreneur +needs machinery, office equipment, raw materials, the services of +laborers, and numerous other aids in production. Let us assume that +the entrepreneur borrows of a capitalist the money required to procure +these necessities. The entrepreneur can afford to pay interest for the +use of this money, since with the aid of the goods and services which +it will buy, he can produce more shoes than would otherwise be +possible. Not only can he afford to pay interest, but he is obliged to +pay it, since otherwise he could not secure the required loan. Though +some people tend carelessly to overlook this fact, saving and +abstinence are necessary to the accumulation of money. The individual +who has money, therefore, cannot be expected to allow the entrepreneur +to use it without payment, especially not when, as we have just seen, +the entrepreneur can acquire wealth by the use of the goods and +services which that money will buy. + +The amount of interest which the capitalist receives for the use of +his money will depend, as will rent, upon the law of supply and +demand. If there is a large amount of funds available for investment, +and at the same time few borrowers, then a given capitalist must be +content to accept a relatively low rate of interest, lest his refusal +cause the entrepreneur to close a bargain with a competing capitalist. +If, on the other hand, available funds are scarce and entrepreneurs +are greatly in need of money, then capitalists are at an advantage and +entrepreneurs must offer relatively high rates of interest. + +88. THE LABORERS RECEIVE WAGES.--The payment which the laborers +receive for their part in the production of the shoes is called wages. +Since the laborers help in shoe manufacture, the employer can afford +to pay them. Not only can he afford to pay them, but he must pay them. +Otherwise the laborers would not work for this particular +entrepreneur, but, in a freely competitive market, would offer their +services to a competing employer. + +Wages, like rent and interest, depend upon the conditions of supply +and demand. If, in comparison with other aids in production, the +services of laborers are wanted badly, and if, at the same time, there +is a scarcity of the desired type of labor, then wages will be high. +If, on the other hand, there is an over supply of laborers, and also a +small demand for that type of labor, then wages will tend to be low. + +89. THE GOVERNMENT RECEIVES TAXES.--In addition to paying the land- +owner, the capitalist, and the laborers for their share in producing +the shoes, the entrepreneur must pay taxes to the government. These +taxes may be considered as payment for that maintenance of law and +order without which the economical manufacture of shoes would be +impossible. The share which goes to the government is determined by a +unique method: the government does not try to secure as large a share +of the product as possible, but strives, on the contrary, to exact as +little as possible, and still meet its expenses. The subject of +taxation requires special treatment [Footnote: See Chapter XXXII.] and +does not, therefore, call for further mention in this chapter. + +90. THE ENTREPRENEUR RECEIVES PROFITS.--That share of the income +derived from the sale of the shoes which goes to the entrepreneur is +called profits. It is only fair that the entrepreneur receive some +reward, for it is he who conceived the idea of shoe manufacture and +then carried out the project. Without his efforts the land-owner, the +capitalist, and the laborers would not have combined in this +enterprise, with the result that there would have been fewer shoes in +the community. Fewer shoes would probably mean more expensive shoes. +And not only does the entrepreneur deserve some reward for thus adding +to the well-being of the community, but if he did not receive that +reward, he would not go to the trouble of initiating and maintaining a +shoe manufacturing establishment. + +The share going to the entrepreneur is determined less exactly than is +the share of the land-owner, the capitalist, and the laborers. In +dividing up the income of the business, the shoe manufacturer must, in +an important sense, put himself last. Before there are finished shoes +to sell, he must pay the land-owner rent, the capitalist interest, and +the laborers wages. Before he is allowed to count out his own share he +must also pay taxes to the government, pay insurance on his plant, and +set aside an amount sufficient to keep his buildings and machinery in +repair. He cannot evade the payment of rent, interest, or wages on the +plea that these payments will diminish his profits. He has contracted +to pay the landlord, the capitalist, and the laborers, and he must +fulfill that contract. If, after paying all of his expenses, there is +anything left, the entrepreneur retains it as profits. Sometimes this +share is very large, sometimes it is so small as to force the +entrepreneur out of business. In any case, the chief risks and +responsibilities of the whole enterprise are concentrated upon the +entrepreneur, rather than upon the land-owner, the capitalist, or the +laborers. + +91. THE DETERMINANTS OF EACH SHARE.--To sum up, the share of the joint +industrial income going respectively to the land-owner, the +capitalist, and the laborers is determined by the interaction of the +forces of supply and demand, operating under conditions of free +competition. The entrepreneur's demand for land, labor, or capital +will depend upon whether or not he sees an opportunity, under a +particular set of circumstances, to add to his product by the +employment of each or all of these factors. Where the supply of +laborers is large, relatively to demand, the promised product of any +one laborer is likely to be relatively small, and in this case the +entrepreneur or employer will be unwilling or even unable to offer a +particular laborer high wages. Under these circumstances the +competition of the many laborers for the few jobs will accordingly +bring about lower wages. Where, on the other hand, the supply of +laborers is small, relatively to demand, the chances that a particular +laborer will be able to add to the product are relatively great, and +the competition of employers for laborers will result in higher wages. +The same reasoning is applicable to rent and interest. The automatic +operation of the law of supply and demand, functioning in a freely +competitive market, determines the shares which go to land, labor, and +capital. The share going to the individual entrepreneur is, as has +already been pointed out, a residual share, _i.e._ what is left over. + + +QUESTIONS ON THE TEXT + +1. What is meant by the distribution of industrial income? + +2. Why was this distribution of relatively small importance prior to +the Industrial Revolution? + +3. In what way did the Industrial Revolution accentuate the importance +of the problem of distribution? + +4. What are the chief difficulties which confront the student of this +problem? + +5. What belief has given rise to the charge of injustice in the +distribution of wealth? + +6. Explain the significance of the entrepreneur in distribution. + +7. What is the nature of rent? + +8. Why does the capitalist receive interest? + +9. Why does the laborer receive wages? + +10. What is the government's share in distribution? + +11. What is the nature of profits, and how are they determined? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter ix. + +Or all of the following: + +2. Carver, _Elementary Economics_, chapters xxx and xxxi. + +3. King, _Wealth and Income of the People of the United States_, +chapter vii. + +4. Thompson, _Elementary Economics_, chapters xx to xxiv inclusive. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is meant by non-competing groups? (Thompson, page 296.) + +2. What are the chief causes of the difference in wages in different +occupations? (Carver, page 268.) + +3. Upon what factors does the efficiency of the laborer depend? +(Thompson, page 303.) + +4. What is the functional theory of wages? (Carver, pages 261--262.) + +5. Have wages increased or decreased since 1850? (King, page 173.) + +6. What is the relation of risk to interest? (Thompson, pages 351-- +353.) + +7. What is meant by the term "unearned increment"? (Thompson, pages +335--337.) + +8. Define profits. (King, pages 155--156.) + +9. Have profits increased since 1880? (King, page 177.) + +10. Name some of the characteristics of the business man. (Thompson, +pages 357--358.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Select for study some common commodity which passes through all or +most of the stages of manufacture in your community, as, for example, +a hammer, a shoe, flour or canned goods. Make a list of the various +individuals who are connected with the production of this commodity. +By whom are these various individuals paid? Does it appear to you that +their services bear a close relation to the sums which they receive? +Explain fully. + +2. Select for study a plot of land which the owner has leased to a +tenant in your community. Why is the tenant willing to pay rent for +this plot? Why is he able to pay rent? Do you believe that under the +existing circumstances he would be able to pay an increase of 10% in +the rent? An increase of 50%? Explain. + +3. Select for study an enterprise in your community in which the +employer utilizes various groups of workmen. Classify the workmen on +the basis of the amount of wages received. Why does the employer pay +some high wages and others low wages? + +4. Select for study a successful entrepreneur in your community. +Outline, either as the result of hearsay, or personal interviews with +him, the qualities to which he apparently owes his success. + +5. Make a study of an enterprise in your community which has either +recently failed, or which is not now in a thriving condition. Attempt +to discover the reasons for the failure to progress. + + +II + +6. The law of variable proportions. (Carver, _Elementary Economics_, +chapter xxix.) + +7. The nature of income. (King, _Wealth and Income of the People of +the United States_, chapter v.) + +8. Relation of public education to income. (Thompson, _Elementary +Economics_, pages 299-303.) + +9. Reasons for the scarcity of capital. (Carver, _Elementary +Economics_, chapter xxxvi.) + +10. The productivity of capital. (Taussig, _Principles of Economics_, +vol. ii, chapter xxxviii.) + +11. Historical changes in the rate of interest. (Bullock, _Selected +Readings in Economics_, pages 563-568.) + +12. The rent of land. (Carver, _Elementary Economics_, chapter +xxxiii.) + +13. Causes of the scarcity of labor. (Carver, _Elementary Economics_, +pages 270-271.) + +14. Historical changes in the rate of wages. (Bullock, _Selected +Readings in Economics_, pages 533-543.) + +15. The nature of profits. (Carver, _Elementary Economics_, chapter +xxxvi.) + +16. Relation of profits to risk. (Taussig, _Principles of Economics_, +vol. ii, chapter xlix, section 1.) + +17. Qualities of a successful entrepreneur. (Taussig, _Principles of +Economics_, vol. ii, chapter xlix, sections 3 and 4.) + +18. Motives of business activity. (Taussig, _Principles of Economics_, +vol. ii, chapter xlix, section 6.) + +19. The government's share in distribution. (Carver, _Elementary +Economics_, chapter xxxvii.) + + + + +CHAPTER X + +BASES OF THE CAPITALISTIC SYSTEM + + +92. THE "CAPITALISTIC SYSTEM."--Modern industry is sometimes said to +be headless, because the numerous individuals engaged in it are not +systematically controlled or directed by a single agency. It is often +said to be planless, since laborers, employers, and other industrial +agents concentrate upon their individual desires and needs, rather +than upon the needs of the community or nation as a whole. + +And yet there is in modern industry a certain regularity of outline, +and a general tendency to follow the economic laws discussed in the +preceding three chapters. This circumstance prevents us from +concluding that our industrial life is entirely a haphazard affair. It +may, indeed, be said that we have an industrial system. Because of the +great importance in it of capital, this system is commonly known as +the "capitalistic system." The underlying principles of this system +have already been mentioned or implied; nevertheless it will be to our +interest in this chapter to develop and organize these principles so +as to indicate just how they constitute the bases of capitalism. + +93. ATTITUDE OF GOVERNMENT TOWARD INDUSTRY.--"It is the duty of the +government," Gladstone once said, "to make it easy for the people to +do right, and difficult for them to do wrong." According to the theory +of the capitalistic system, that is "right" which renders the +individual and the community stronger, happier, and more prosperous in +useful pursuits, while that is "wrong" which weakens or demoralizes +the citizen and the community. The chief economic function of +government is thus to discourage men from harmful and destructive +acts, and to encourage them in activities which are helpful and +productive. + +Professor Carver points out that the method by which animals get their +living is either destructive, deceptive, persuasive, or productive. +Any one of these four methods may at least temporarily increase the +well-being of the individual, but only the productive method is +certain to benefit the community as well. A good government will +therefore seek to prevent people from advancing their individual +interests by killing, robbing, or deceiving their fellows. This +suppression of violence and fraud leaves open to individuals only the +productive method of getting a living, so that they cannot benefit +themselves without at the same time adding to the prosperity of the +community. From the standpoint of capitalism, thus, a good government +maintains an attitude toward industry which is primarily negative: +such a government hampers the economic activities of individuals very +little or not at all, so long as they do not practice harmful methods +of getting a living. + +94. PRIVATE PROPERTY.--Most men are self-centered. In even a highly +developed society, men ordinarily will not work consistently except in +their own behalf, or in the behalf of a very few people for whom they +care intensely. This instinct of self-interest is the kernel of +industrial progress, but it can result in material prosperity only +when government suppresses violence and fraud. The lowest savages are +undoubtedly self-centered, but so long as they must rely upon brute +force to retain their possessions, there is little inducement to +acquire wealth. It is only when law suppresses robbery and fraud, and +otherwise protects the individual in his property rights, that the +acquisitive instinct will cause him to exert himself in productive +ways. Because it satisfies the individual's desire to secure the good +things of life, the institution of private property is the greatest +known spur to economic activity, It is only in those countries where +individuals are protected in their property rights that we find an +active, progressive, and prosperous people. + +95. ENFORCEMENT OF CONTRACTS.--We have already seen that among the +members of a modern industrial society there is a high degree of +interdependence, corresponding, in an important sense, to the +interdependence between the parts of a machine. As we have seen, the +typical individual in industry is a specialist, concentrating upon one +particular kind of work, and depending upon his fellows to supply him +with goods and services which he cannot supply for himself. Now, such +a condition of interdependence could never have arisen were it not for +the fact that government fosters the spirit of confidence among +individuals. Many persons can be trusted to fulfill the agreements or +contracts which they make with their fellows, but many cannot. A prime +function of government, therefore, is to enforce contracts entered +into voluntarily and in legal form. This is clearly essential to our +material prosperity, for if men are to rely upon the word of those who +sell them goods or services, or to whom they sell goods or services, +all of the individuals concerned must be dependable. + +96. COMPETITION.--A good government will shunt men into productive +activities, and it will insist upon the fulfilment of lawful +contracts. Subject to these two limitations, individuals are +relatively free to seek their own well-being. But an earmark of +economic goods is scarcity, that is, there are at a given time and +place fewer of them than are desired. Men must therefore compete with +one another for goods and services. The lower animals compete for food +with tooth and claw; among civilized men government tries to raise +competition to an ethical plane by tending to suppress all but the +productive methods of competition. + +Where competition is so restricted and safeguarded, advocates of +capitalism assert that the results are overwhelmingly good. Where +there is free competition, _i.e._ free competition in productive +enterprise, employers commonly pay their laborers as high a wage as +they feel is justified under the particular circumstances, lest their +workmen abandon them for rival employers. Under similar conditions, +laborers will generally endeavor to render the best possible service, +so that the employer will prefer them to other laborers. This assumes, +of course, that competition is effective, _i.e.,_ that there is +neither an oversupply or an undersupply of either employers or +employees. + +Where, again, there is free competition in productive enterprise, the +price of commodities produced by a given concern cannot rise too far, +for consumers will either buy those commodities of rival producers, or +will use substitutes. If, on the other hand, prices drop so low that +producers make little or no profits, they will withdraw from business. + +Free and effective competition thus means rivalry in satisfying wants, +that rivalry being engaged in for the sake of private gain. +Competition tends to harmonize the interests of the individual with +the interests of the community, by making the success of the +individual depend primarily upon what he accomplishes for his fellows. + +97. VALUE UNDER CONDITIONS OF FREE COMPETITION.--In a competitive +market, as we have seen, value depends upon scarcity and utility. No +one will ordinarily pay for a commodity unless it will satisfy his +wants, i.e. unless it has utility. But even though a commodity has +utility, no one will ordinarily pay for it unless it is so scarce that +he cannot get as much of it as he wishes without paying for it. Air, +for example, has great utility, but it is so abundant that it can +ordinarily be secured without payment. Hence it has no value. + +Price, the measure of value in terms of money, will be determined, +under conditions of free competition, by the interaction of utility +and scarcity. Diamonds are high in price because they satisfy intense +desires and are scarce; bread is cheap because while possessing great +utility, it is relatively abundant. Skilled labor receives high wages +because in addition to its utility it is relatively scarce; unskilled +labor often receives low wages because while possessing utility it is +relatively abundant. This principle is of the very greatest +consequence, and in considering the programs of industrial reform we +shall come back to it again. + +98. FREEDOM.--A large measure of personal liberty is a characteristic +of the capitalistic system, To an increasing extent, government is +restricting economic activity to productive channels, but with this +qualification, the individual is comparatively free to do as he likes. +The laborer is free to move about in search of work, free to seek a +better job, free to accept or to reject work offered him. He may +abandon his job when he chooses, and remain idle as long as he +chooses, or is able. He is repressed by no paternalistic government, +embarrassed by no feudal system. He is part and parcel of the +competitive system, guiding his own actions and accepting +responsibility for them. To a large extent, the employer is similarly +free to hire or discharge men as he sees fit, to initiate a new +business, or to withdraw from business altogether. In every case the +individual is free, so far as legal restrictions are concerned, to use +his money as he chooses. Whether it is hoarded, invested, or wasted is +largely a matter for him to determine. + +99. BENEFITS OF THE CAPITALISTIC SYSTEM.--The material prosperity of +the modern world has been attained under the capitalistic system of +industry. The system was not invented, but has developed and spread +from small beginnings because the experience of centuries has proved +it to be the best known system which is applicable to human industry. +The starting point of all material prosperity has been the gradual +development of government which suppresses violence and fraud, which +enforces contracts, and which makes possible the rise of the +institution of private property. The inception of the Industrial +Revolution, and its spread beyond England to Europe, America, and, +later, to Asia, were possible only because these bases of capitalism +were already laid. To a large extent, thus, the steam engine, the +railroad, the steamship, the electric light, and countless other +inventions which have helped to revolutionize the world we live in, +may be traced directly or indirectly to individual freedom and to the +protection of property rights. In so far as science, art, and +literature depend, to a considerable degree, upon material prosperity, +we may go so far as to say that capitalism is the most important +single basis of modern civilization. + +100. DEFECTS OF THE CAPITALISTIC SYSTEM.--But capitalism is not +without its defects. The lack of centralized control in industry +allows of planless production. [Footnote: During our participation in +the World War, it is largely true that much of the productive energy +of the country was organized and directed as a unit. This was a +temporary expedient, however, resorted to for the purpose of winning +the war.] Entrepreneurs frequently produce without adequate knowledge +of demand, and without knowledge of rival production. When business is +booming and profits are high, it often happens that so many +individuals go into business that eventually there is over-production, +i.e. there are more goods at a particular time than can be sold at a +profit. Crises, unemployment, and "hard times" are often the direct +result of this over-production. Malnutrition, disease, vice, crime, +and pauperism are often its indirect results. + +In still other ways the capitalistic system allows of an uneconomical +expenditure of labor and capital. There is no adequate method of +directing labor and capital toward the production of durable and +helpful commodities, and away from the production of luxuries and such +harmful commodities as have not been made illegal. Under competitive +conditions, too, a number of shops or stores may exist in a community +that might easily be served by a single firm. This is wasteful +duplication, just as advertising is a waste when it goes beyond the +point of informing the public as to whereabouts and character of +commodities. Still another source of waste is traceable to an +excessive number of middlemen, each of whom adds to the price of the +product as it passes through his hands. + +101. THE INEQUALITY OF WEALTH.--In all of the great industrial +countries of the world, including the United States, the existing +distribution of wealth is roughly in the form of a pyramid, i.e., at +the top or apex of the pyramid there is a relatively small number of +persons who enjoy large incomes, while at the base there is a large +number with relatively small incomes. This inequality is explained by +Professor Taussig on two grounds: First, it is likely that some +individuals originally secured an economic advantage over their +fellows because of inborn superiority of some kind. Second, the +economic advantage thus secured has been maintained from generation to +generation by inheritance. Where, for example, wealth is invested so +that the principal remains intact while a large annual income is +thrown off as interest, the heirs may live in affluence, regardless of +ability or desert. Thus we have a leisure class emerging as the result +of inborn differences between men, supplemented by the accumulation of +wealth and its transmission by inheritance. + +102. THE QUESTION OF INDUSTRIAL REFORM.--It goes without saying that +great inequalities in the distribution of wealth are undesirable. If +any improvement is humanly possible, we ought not to rest content so +long as millions of our citizens have too few of the good things of +life, while others have much more than is necessary for comfort and +happiness. The test of an economic system is whether or not it +provides a good world to live in, and so long as large numbers of +individuals have fewer necessities and comforts than it is possible to +give them, our economic system must be considered defective. The +people as a group are both the means and the end of progress. +Democracy cannot rest upon any other basis than the greatest good to +the greatest number. + +103. APPROACHING THE PROBLEM.--In approaching the problem of +industrial reform it is necessary to cultivate a fair and sane +attitude. We must attack all of the problems of American democracy, +certainly. But in so far as some of these problems involve the +integrity of the capitalistic system, we should distinguish between +ills which are clearly traceable to that system, and defects which +obviously would exist under any industrial system. Capitalism cannot +be discredited, for example, by pointing out that crime exists in all +capitalistic countries. Though capitalism may accentuate some types of +crime, our knowledge of human nature leads us to suspect that a +considerable amount of crime would exist under any known system of +industry. Again, criticism should be constructive; it is easy to point +out the defects of an institution, but it is quite another thing to +provide a good substitute for that institution. + +The problem before us is a double one: First, can we remedy the +defects of the capitalistic system? And, if so, by what method shall +we proceed? Second, if the defects of capitalism cannot be remedied, +what industrial system shall be substituted for capitalism? It is not +a question of whether or not capitalism is faulty, but of whether it +is more faulty than the system that would be substituted for it. The +virtues of capitalism, most authorities believe, clearly outweigh its +defects, and though some other system may eventually prove to have as +great virtues with fewer defects, the burden of proof is upon those +who advocate other systems than capitalism. Until the advantage is +clearly shown to be on the side of a rival system, it will be wise to +retain capitalism. + + +QUESTIONS ON THE TEXT + +1. Is it correct to speak of a "capitalistic system"? + +2. What is the chief economic function of government? + +3. Name the four methods of getting a living. Which will be encouraged +by a good government? + +4. To what extent is the attitude of a good government toward industry +a negative one? + +5. What is the relation of government to the institution of private +property? + +6. What is the importance of laws requiring the enforcement of +contracts? + +7. Why is there competition? + +8. How does competition tend to harmonize the interests of the +individual with those of the community? + +9. Why are diamonds high in price? Why is bread low in price? + +10. What is the relation of capitalism to economic freedom? + +11. What can be said as to the benefits of capitalism? + +12. What are the chief defects of capitalism? + +13. Outline the existing distribution of wealth. + +14. On what two grounds does Professor Taussig account for this +situation? + +15. What facts should be borne in mind in attacking the problem of +industrial reform? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter x. + +Or all of the following: + +2. Ely, _Outlines of Economics_, chapter ii. + +3. Fetter, _Modern Economic Problems_, chapter ii. + +4. Hobson, _Evolution of Modern Capitalism_, chapter i. + +5. Seligman, _Principles of Economics_, chapter ix. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Define capitalism. (Hobson, page 1.) + +2. How has the development of mines affected the growth of capitalism? +(Hobson, page 6.) + +3. What is the relation of colonization to capitalism? (Hobson, pages +10-12.) + +4. What is the relation of capitalism to a large labor supply? +(Hobson, pages 13-14.) + +5. Define private property. (Ely, page 21.) + +6. Discuss the theories of private property. (Fetter, pages 18-20.) + +7. What were the earliest forms of private property? (Seligman, page +126.) + +8. What was the effect of the domestication of animals upon the +institution of private property? (Seligman, pages 126-127.) + +9. What are the limitations of private property? (Fetter, pages 20- +21.) + +10. What is meant by the term "vested interests"? (Ely, pages 25-26.) + +11. What is "fair" competition? (Ely, pages 29-30.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Suppose an unscrupulous individual fraudulently secured possession +of property belonging to you. What steps would you take to secure +justice? + +2. What penalties are inflicted in your state for highway robbery, +embezzlement, theft, forgery, and similar crimes against property? + +3. Suppose that you are a florist and that you have ordered a large +quantity of flowers from a greenhouse keeper for your Decoration Day +trade. Assume that you could not sell the flowers at a profit if they +arrived later than Decoration Day. Assume, also, that you have reason +to suspect that the greenhouse keeper will not be prompt in delivering +the flowers ordered. Draw up a contract (to be signed by him) which +would protect you against his tendency to carelessness. + +4. Select for study an isolated rural district, a small town, or a +section of a suburb in which the community secures its supply of a +given commodity from a single shop or store. Compare the price of the +commodity, and its quality, with the price and quality of a similar +commodity in stores located in communities served by several competing +stores. What do you conclude as to the value of competition? + +5. Make a study of bill-board advertising, listing the number of +advertisements inviting purchase of competing commodities. Write to a +bill-board advertising company for advertising rates, and draw your +conclusions as to (_a_) the cost of advertising, and (_b_) the waste +involved in advertising competing commodities. + +Make a similar study of magazine advertising, writing to the +advertising manager of the magazine selected for study, in order to +secure advertising rates. + + +II + +6. Relation of good government to economic prosperity. (Carver, +_Elementary Economics_, chapter vii.) + +7. Competition. (Seligman, _Principles of Economics_, chapter x.) + +8. Methods of struggling for existence. (Carver, _Elementary +Economics_, page 40.) + +9. The development of economic freedom. (Seligman, _Principles of +Economics_, chapter xi.) + +10. Distribution of wealth in the United States. (Taussig, _Principles +of Economics_, vol. ii, chapter liv; King, _Wealth and Income of the +People of the United States_, chapter ix.) + +11. Place of machinery in the capitalistic system. (Hobson, _Evolution +of Modern Capitalism_, pages 27-29.) + +12. The impersonality of modern life. (_Lessons in National and +Community Life_, Series B, pages 97-104.) + +13. The extent of poverty in modern life. (Burch and Patterson, +_American Social Problems_, chapter xvi.) + + + + +B. PROGRAMS OF INDUSTRIAL REFORM + + +CHAPTER XI + +SINGLE TAX + + +104. DEFINITIONS.--The words "single tax" refer to a policy under +which all public revenue is to be raised by a single tax on land +value. All other taxes are to be abolished. By land value is meant the +value of the land itself, irrespective of all improvements, such as +ditches, drains, and buildings. Everything done on the land to +increase its value would be counted as an improvement, and would thus +be exempt from taxation. This would leave only location value and +fertility to be taxed. By location value is meant that value which is +due to the situation of the land. For example, land in a wilderness +has little or no location value, but if, later, schools, stores, +railroads, and other elements of community life develop in that +region, the land may take on great value because of its location in +the community. The fertility value of land is that value which is due +to natural endowment in the way of moisture, climate, and soil +elements. + +105. HENRY GEORGE AND HIS WORK.--The doctrine of single tax is closely +associated with the name of Henry George, an American reformer who +died in 1897. His theory was best developed in his book, _Progress and +Poverty_, published in 1879. In this book George points out that in +spite of the progress of the world, poverty persists. This is due +chiefly, he contends, to the fact that land-owners take advantage of +the scarcity of good land to exact unduly high prices for its use. +According to George, this monopoly of the gifts of Nature allows +landowners to profit from the increase in the community's +productiveness, but keeps down the wages of the landless laborers. +"Thus all the advantages gained by the march of progress", George +writes, "go to the land-owner, and wages do not increase." + +George proposed to use the single tax as an engine of social reform, +that is to say, to apply it with the primary view of leveling the +inequalities of wealth. Value due to improvements was to be exempt +from taxation, so that land-owners might not be discouraged from +making improvements on their land. On the other hand, it was proposed +that the single tax take all of the income due to location and +fertility. This, according to George, would "render it impossible for +any man to exact from others a price for the privilege of using those +bounties of Nature to which all men have an equal right." + +106. RESULTS CLAIMED FOR THE SINGLE TAX.--George claimed that the +application of the single tax was highly desirable. If, through the +medium of this tax, the government were to take from the land-owners +all the location and fertility value of their land, two great benefits +were to result. First, rich landlords would be deprived of much +unearned wealth. Second, the wealth so secured, called the unearned +increment, could be used to make life easier for the poor. Ultimately, +George went so far as to claim, the single tax would "raise wages, +increase the earnings of capital, extirpate pauperism, abolish +poverty, give remunerative employment to whoever wishes it, afford +free scope to human powers, lessen crimes, elevate morals and taste +and intelligence, purify government, and carry civilization to yet +nobler heights." The steps by which George arrived at this gratifying +conclusion are obscure, and practically every modern economist agrees +that too much has been claimed for the theory. Nevertheless, there is +much to be said on both sides of this interesting question. + +107. ARGUMENTS FOR THE SINGLE TAX.--Single taxers claim that it is +just to take from land-owners that land value which is not due to +their individual efforts. Fertility, on the one hand, is due +originally to the bounty of Nature, and as such belongs to all men +alike, rather than to particular individuals. Location value, on the +other hand, is due to community growth, and should therefore be taken +for the benefit of the community at large. + +A very strong argument in favor of the single tax is that land cannot +be hidden from the tax assessor, as can stocks, bonds, jewels, and +other forms of personal property. A single tax on land would, +therefore, be relatively easy to apply. + +A tax on the location and fertility value of land would not discourage +industry. Location value is largely or entirely due to community +growth, rather than to the efforts of the individual land-owner. +Fertility, of course, is largely a natural endowment, and as such +cannot be destroyed by a tax. The land would continue to have all of +its location value, and probably much of its fertility value, whether +or not the owner were taxed. + +Another argument is that a single tax on land would eliminate taxes on +live stock, buildings, and all other forms of property except land, +and that this would encourage the development of the forms of property +so exempted. This would stimulate business. + +It has also been said that the single tax would force into productive +use land which is now being held for speculative purposes. It is +claimed that many city tracts remain idle because the owners are +holding them in the hope of getting a higher price in the future. +According to the single taxer, a heavy tax would offset this hope of +gain, and would force speculators either to put the land to a +productive use, or to sell it to someone who would so employ it. + +A last important argument in favor of the single tax is that it might +force into productive work certain capable individuals who are now +supported in idleness by land rents. Professor Carver has pointed out +that if the single tax deprived such persons of their incomes, they +would be forced to go to work, and thus the community would gain by an +increase in the number of its productive workers. + +108. ARGUMENTS AGAINST THE SINGLE TAX.--The most important objection +to the single tax is that the confiscation of land, or, what amounts +to the same thing, the confiscation of the income which land yields, +is unjust. "Pieces of land," Professor Seager points out, "have +changed hands on the average dozens of times in the United States, and +present owners have in most cases acquired them not as free gifts of +Nature, nor as grants from the government, but by paying for them, +just as they have had to pay for other species of property." Where +individuals have acquired land in good faith, and under the protection +of a government which guarantees the institution of private property, +the confiscation of land value would be demoralizing to the community +and unfair to its land-owning citizens. + +Another difficulty lies in the ease with which value due to permanent +improvements is confused with value due to location or fertility. +Where money has been expended in draining land, removing stones or +applying fertilizer, it is hard to tell, after a few years, what part +of the value of the land is due to improvements. The possibility of +this confusion would cause some land-owners to neglect to improve +their land, or might even cause them to neglect to take steps to +retain the original fertility. Thus the single tax might result in the +deterioration of land values. + +It is also objected that the single tax would provide an inelastic +taxation system. This means that it would tend to bring in an equal +amount of revenue each year, whereas the revenue needs of government +vary from year to year. A good tax system will accommodate itself to +the varying needs of the government, always meeting the expenses of +government, but at the same time taking as little as possible from the +people. [Footnote: Some opponents of the single tax declare that the +heaviest possible tax on land would yield only a fraction of the +revenue needed to finance the government. Single taxers, however, +maintain that the tax would yield more than enough revenue to meet +public expenditures. The merits of this argument are uncertain.] + +It is doubtful whether the single tax would force into productive use +land now being held by speculators. Even though a heavy tax were laid +upon such land, it would not be utilized unless there were an +immediate use to which it could profitably be put. + +A last important argument against the single tax is that there is no +good reason for removing the tax burden from all except land-owners. +Land is only one form of wealth, and it is unfair not to tax +individuals who hold property in some other form. Some land value is +indeed unearned, but there are other forms of unearned wealth, as, for +example, monopoly gains and inherited property. Taxes ought to be +levied upon these forms of unearned wealth, as well as upon the +unearned income from land. It is desirable, too, to levy at least a +light tax upon the propertyless classes, in order to encourage them to +feel an interest in, and a sense of responsibility for, the conduct of +their government. + +109. SERVICE RENDERED BY THE SINGLE TAX AGITATION.--Economists are +unanimous in agreeing that the single tax, as expounded by Henry +George, is too drastic and special a reform to find wide favor. +Nevertheless, the single taxers have performed a valuable service by +emphasizing the fact that in many cases the income from land is +largely or entirely unearned. It would be manifestly unjust to +dispossess present-day land-owners who have acquired land in good +faith; on the other hand, most economists agree that we ought to +reform our tax system so as to take for the community a larger share +of the future unearned increment of land values. As Professor Taussig +has pointed out, no one has a vested right in the indefinite future. +The taking of this future unearned increment, it is hardly necessary +to add, would not constitute a single tax, but rather a heavy land +tax. Many other taxes would continue to be levied. [Footnote: The +general problem of taxation is discussed in Chapter XXXIL] + + +QUESTIONS ON THE TEXT + +1. Define the single tax. + +2. What is location value? + +3. Define fertility value. + +4. Who was Henry George? + +5. What benefits, according to George, were to result from an +application of the single tax? + +6. Give the chief arguments in favor of the single tax. + +7. Give the chief objections to the doctrine. + +8. What service has been rendered by the single tax agitation? + +9. What is the attitude of most economists toward the future unearned +increment of land? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xi. + +Or all of the following: + +2. Carver, _Elementary Economics_, chapter xlv. + +3. George, _Progress and Poverty_, book ix. + +4. _International Encyclopedia_, vol. 21, article on "Single Tax." + + +QUESTIONS ON THE REQUIRED READINGS + +1. Who were the Physiocrats? (Carver, page 372.) + +2. What is the "ethical argument" in favor of the single tax? +(_International Encyclopedia_, vol. 21, page 136.) + +3. What is the "expediency argument" in favor of the single tax? +(_International Encyclopedia_, vol. 21, page 136.) + +4. What is meant by "mining" the soil, and what is the relation of +this practice to the single tax? (Carver, pages 375-376.) + +5. What, according to George, would be the effect of the single tax +upon production? (George, book ix, chapter i.) + +6. What, according to George, would be the effect of the single tax +upon the distribution of wealth? (George, book ix, chapter ii.) + +7. What are the present aims of the single tax movement? +(_International Encyclopedia_, vol. 21, page 137.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Select for study a plot of farm or garden land in your locality. + +(a) What is the market value of the land? + +(b) Is it more or less valuable than similar plots in the same +neighborhood? Why? + +(c) To what extent is the value of the plot selected for study due to +natural fertility? + +(d) To what extent is the value due to location? + +(e) To what extent is the value due to permanent improvements, such as +drains, ditches, hedges, fences, or the use of fertilizer to retain or +increase the natural fertility? + +(f) If you were the owner of this plot, to what extent, if to any, +would your future use of this land be affected by the adoption of the +single tax program? + +2. Select for study a plot of ground in your locality which has been +idle for a number of years. + +(a) Why has this ground been idle so long? + +(b) Do you believe that this land is being held for speculative +purposes? + +(c) If so, suppose that a very heavy tax stimulated the owner to put +the land to some use. Do you know of a productive use to which it +could be put? + + +II + +3. The life of Henry George. (Consult an encyclopedia.) + +4. The economic background of Henry George's doctrine. (Young, _The +Single Tax Movement in the United States_, chapter ii.) + +5. Is land-ownership a monopoly? (Seligman, _Principles of Economics_, +page 391.) + +6. Tactics of the single tax movement. (Young, _The Single Tax +Movement in the United States_, chapter xii.) + +7. Relation of the single tax to socialism. (Young, _The Single Tax +Movement in the United States_, pages 307-312.) + + + + +CHAPTER XII + +PROFIT SHARING AND COÖPERATION + + +A. PROFIT SHARING + +110. THE NATURE OF PROFIT SHARING.--The essence of profit sharing is +that the workmen in a given enterprise receive, in addition to their +regular wages, a share in the profits which would ordinarily go +entirely to the entrepreneur. The share going to the employees varies +with the establishment, but generally from one quarter to three +quarters of the profits are divided among them. + +Distribution is by various methods. The workmen may receive their +share in cash at the end of the year. Sometimes the money is placed in +a provident fund for the workmen as a body; in other cases it is +deposited in savings banks to the account of the individual workmen. +In still other cases the workman's share is invested in the business +for him, the workman thereafter receiving dividends on this invested +capital. + +In every case, however, the division of profits among the individual +laborers is on the basis of the wages received, that is to say, the +higher the regular wage received by a workman, the larger will be his +share of the profits set aside for distribution. Generally, too, only +workmen who are steadily employed are allowed to share in the +distribution of profits. + +111. LIMITS OF PROFIT SHARING.--Profit sharing was once considered a +remedy for many of our industrial troubles, but it is now generally +conceded that the plan is decidedly limited in scope. Profit sharing +increases the income of the workmen involved, but for this very reason +it is often bitterly opposed by the trade unions. The unions fear, of +course, that the plan will make the workmen interested chiefly in the +employees of their particular establishment, rather than in the +workmen in the trade as a whole. The trade unions also maintain that +profit sharing is often administered in a patronizing manner, which is +offensive to the self-respect of the workmen. + +To a large extent, the spread of profit sharing depends upon the +development of altruism among employers. But unfortunately altruistic +employers are rare, and the majority of entrepreneurs will not adopt +the profit-sharing plan unless it promises to result in some distinct +advantage to themselves. This attitude explains, in part, the failure +of many profit-sharing experiments. Employers have sometimes tried out +profit sharing in the hope that it would prevent strikes and other +labor troubles. In some cases this expectation has been realized; in +many other cases serious labor troubles have continued. This +continuance of labor troubles has rendered profit sharing less +attractive to certain types of employers. + +In certain cases employers have experimented with profit sharing in +the hope that it would stimulate efficiency and economy on the part of +the workmen. Sometimes the immediate effect of the adoption of the +plan has been to make the workmen more efficient and more interested +in their tasks, but after the novelty of the scheme has worn off they +have generally fallen back into their former pace. In justice to the +workmen, it should be noted here that in most enterprises the +conditions of the market and the employer's managerial ability have +more influence upon profits than have the personal efforts of +individual workmen. Where workmen realize this, they tend to lose +faith in their ability to influence the share accruing to them under +the profit-sharing plan. + +A last important reason why profit sharing is limited in scope is that +in many hazardous enterprises, such as mining, agriculture, fishing, +or building construction, the refusal and inability of the workmen to +share in possible losses prevent the adoption of the plan. A mining +corporation, for example, may make large profits one year, and lose +heavily the second year. Profit sharing is here inadvisable, if not +impossible. The distribution among the workmen of a large share of the +profits accruing at the end of the first year might so deplete the +financial reserves of the entrepreneur that he would be unable to meet +the losses of the second year. + +B. COÖPERATION + +112. RELATION OF PROFIT SHARING TO COÖPERATION.--Profit sharing +permits the workmen to secure more than a regular wage from a given +enterprise, without, however, giving them any control over the +management of the business. Coöperation goes a step farther, and +attempts to dispense with either a number of middlemen or with the +managing employer, or with both middlemen and employer. In the case of +a profit-sharing scheme in which the share of the profits accruing to +the workmen is invested in the business for them, ultimate control of +the enterprise may come into the hands of the workmen through profit +sharing. In such a case the plant might be conducted coöperatively. In +practically every instance, however, coöperation does not grow out of +profit sharing, but arises independently. + +113. ESSENCE OF COÖPERATION.--The essence of coöperation is that a +group of individuals undertake to perform for themselves those +functions which are commonly carried on by the business man. +Coöperatives are often workmen, though not necessarily so. + +Under the coöperative plan, all of the profits of the enterprise are +divided among the coöperators; on the other hand, the risks of the +business must also be borne by them. Management of the enterprise is +conducted partly by officers or committees serving without pay, and +partly by paid agents. The general policies of the business are +settled by the coöperators acting as a body. + +Coöperation seeks to exchange the centralized control of the business +man for the diffuse control of a group of coöperators. This +arrangement, its advocates hope, will permit wealth and power to be +distributed among more and more people, and especially among those +classes that possess relatively little property. Let us inquire +briefly into the four types of coöperation. + +114. CONSUMERS' COÖPERATION.--Consumers' coöperation, also known as +distributive coöperation or coöperation in retail trade, is the most +common form of coöperation. It is also probably the most successful +form. + +In this form of coöperation, a number of individuals contribute their +savings to a common fund, buy certain desired commodities at wholesale +prices, and distribute these among themselves. Generally, the +coöperative store sells to its members at the regular retail price, +but at stated intervals throughout the year the profits of the +business are distributed among the coöperatives in proportion to the +amount of their individual purchases. Thus the difference between the +wholesale and the retail price--minus the expense of conducting the +store--goes to the coöperators, instead of to a store keeper or other +middleman. + +One of the best examples of consumers' coöperation is the Rochdale +Society of Equitable Pioneers, established in England in 1844. This +type of coöperation has also been remarkably successful in Germany, +Belgium, and other continental countries. The idea was taken up in the +United States about the middle of the nineteenth century, and at the +present time there are in this country about 2000 coöperative stores, +many of them doing a thriving business. These stores are located +chiefly in New England, the North Central States, and the West, few +being found in the South. + +115. COÖPERATION IN CREDIT.--Credit coöperation may take any one of a +number of forms. In one of the best known forms, a group of persons +form a credit society by contributing a proportion of their personal +savings to a common fund. On the strength of this capital, and of +their own individual liability, they borrow more capital. The total +amounts thus got together are then loaned to the members of the +society at a specified rate of interest. This rate of interest is +higher than that at which the group had borrowed money from outside +sources; nevertheless, it is lower than the rate members would have to +pay if they individually sought loans at a bank. This is the aim of +coöperation in credit: to enable persons of small means to secure +loans without paying the high rates which as individuals they would +ordinarily have to meet, if, indeed, they as individuals could secure +loans under any conditions. + +Credit coöperation has been most successful in Germany, particularly +among artisans and small farmers. It has also attained considerable +success among the small tradesmen and artisans of Italy. In the United +States coöperation in credit is less highly developed, but recently +its influence has been slowly increasing. In many cases it supplies +the principle underlying building and loan associations in this +country. + +116. COÖPERATION IN MARKETING.--The coöperative principle has also +been applied to the marketing of agricultural products. In Denmark, +for example, it has been found that farmers can market their dairy +products coöperatively, and thus save for themselves much of the +profit that would otherwise go to commission agents and other +middlemen. A similar saving has been effected in Holland, Belgium, +and, to some extent, in France. Of recent years, coöperation in +marketing has become important in the United States, finding +particular favor among the farmers of the Middle and Far West. At the +present time there are in this country more than two thousand +coöperative cheese factories, and more than three thousand coöperative +creameries. There are also more than a thousand societies for the +coöperative marketing of fruit, as well as numerous live-stock selling +agencies. + +117. COÖPERATION IN PRODUCTION.--The three forms of coöperation which +we have been considering seek to eliminate unnecessary middlemen from +industry. In producers' coöperation, on the other hand, the attempt is +made to get rid of the entrepreneur, or managing employer. A group of +workmen get together, subscribe or borrow the required capital, +purchase tools, materials, and plant, and set up as producers. They +seek markets for their product, direct the enterprise either as a +group or through salaried agents, share the profits among themselves, +and accept the risks of the enterprise. + +Coöperation in production has been tried repeatedly in the various +countries of Europe, but without success. True producers' coöperative +associations have also met with almost universal failure in the United +States, though experiments have been made in a variety of industries, +and in nearly every part of the country. Formerly the Minneapolis +Coöpers were a coöperative group which seemed destined to attain a +considerable success in production, but this group has now abandoned +the coöperative principle. The coöperative marketing of fruit, cheese, +and other agricultural products is, of course, not true producers' +coöperation, but rather the coöperative marketing of commodities +produced by individual enterprisers. + +118. BACKWARDNESS OF COÖPERATION IN THE UNITED STATES.--In all forms +of coöperation, progress has been much slower in this country than in +Europe. There are several reasons for this. For one thing, American +workmen move about to a greater extent than do European workmen, +whereas coöperation succeeds best where the coöperators have a fixed +residence and develop a strong sense of group solidarity. The fact +that our population is made up of diverse racial types likewise checks +the growth of the feeling of solidarity. + +An important reason for the backwardness of the coöperative movement +in this country is that American workmen "make, rather than save +money," whereas coöperation requires thrift, and a willingness to +practice small economies. Again, the efficiency and progressiveness of +our industrial system renders coöperative ventures less necessary in +this country than in some parts of Europe. It is particularly true +that retail stores in the United States are more efficient than +similar shops in England and on the Continent. + +Altogether, the most successful coöperators in this country are not +native-born Americans, but groups of Finns, Russians, Slovaks, and +other peoples of immediately foreign derivation. It is among these +groups that the thrift and group solidarity demanded by coöperation +are best found. + +119. LIMITS OF COÖPERATION.--Consumers' coöperation, coöperation in +credit, and coöperation in marketing all seek to improve the +capitalistic system by eliminating some of the unnecessary middlemen +from our industrial life. In so far as this is true, these forms of +coöperation are desirable developments, and deserve to succeed. Though +the movement is limited by the considerations set forth in the +preceding section, it is to be hoped that these three forms of +coöperation will in the future show a considerable development in this +country. + +Producers' coöperation is a different affair. Rather than attempting +to decrease the number of unnecessary middlemen, it attempts to +supersede the entrepreneur or managing employer where he is most +needed. For this reason producers' coöperation will probably continue +a failure. To run a modern business of any size at all requires a +degree of intelligence, imagination, judgment, courage, and +administrative ability which is altogether too rare to be found among +casual groups of laborers. Varied experience, high ability, the +determination to accept the risks of the enterprise, and a consistent +singleness of purpose are necessary in modern production. Even though +coöperators are able to secure an amount of capital sufficient to +initiate production, they rarely have the requisite ability or +experience; too often they object to accepting the risks of the +enterprise; practically never can they administer the business with +that unity of control which characterizes the most successful business +enterprises. + +120. BENEFITS OF COÖPERATION.--While no longer considered a far- +reaching industrial reform, the coöperative movement brings with it +many benefits. Coöperation in retail trade, credit, and marketing cuts +down the waste between consumer and producer, and thus helps +substantially to reduce the cost of living. Coöperation in production, +though it fails to reach its chief objective, has the virtue of +demonstrating to groups of workmen that the entrepreneur is of far +more value in our industrial life than they might otherwise have +realized. Aside from these advantages, coöperation in any form is an +important educative force. It fosters the spirit of solidarity and +mutual helpfulness among members of a group or community. It teaches +thrift. It trains the coöperating individuals to exercise foresight +and self-control. Altogether the training which it affords is +productive of good citizenship. + + +QUESTIONS ON THE TEXT + +1. Explain clearly the nature of profit sharing. + +2. What is the attitude of the trade unions toward profit sharing? + +3. What is the attitude of the employer toward profit sharing? + +4. Does profit sharing result in increased efficiency on the part of +the workmen? Explain. + +5. What is the relation of profit sharing to coöperation? + +6. What are the essential features of coöperation? + +7. Explain the principle involved in consumers' coöperation. + +8. Where has this form of coöperation been most successful? + +9. What are the essential features of credit coöperation? + +10. Where is credit coöperation most successful? + +11. What is the aim of coöperation in marketing? + +12. In what way does producers' coöperation differ from the other +forms of coöperation? + +13. To what extent is producers' coöperation a success? + +14. Why is coöperation backward in this country? + +15. Outline the chief benefits of coöperation. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xii. + +Or all of the following: + +2. Fay, _Coöperation at Home and Abroad_, part iv, chapter v. + +3. Harris, _Coöperation, the Hope of the Consumer_, chapter vi. + +4. _International Encyclopedia_, vol. 19, article on "Profit Sharing" +and vol. 6, article on "Coöperation." + +5. Taussig, _Principles of Economics_, vol. ii, chapter lxix. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the principle upon which profit sharing is based? +(_International Encyclopedia_, vol. 19, page 244.) + +2. Discuss the origin of profit sharing in the United States. +(_International Encyclopedia, vol. 19, page 244.) + +3. Give some examples of profit sharing in this country. +(_International Encyclopedia_, vol. 19, pages 244-245.) + +4. Describe the earlier forms of coöperation in this country. +(_International Encyclopedia_, vol. 6, page 44.) + +5. For what purpose was the "Rochdale plan" originated? (Harris, page +88.) + +6. Discuss voting rights under the Rochdale plan. (Harris, pages 90- +91.) + +7. Describe the store service under the Rochdale plan. (Harris, pages +93-94.) + +8. How does the Rochdale plan promote thrift? (Taussig, pages 348- +349.) + +9. Why has coöperation succeeded in Great Britain? (Taussig, page +350.) + +10. What is the Schulze-Delitzsch plan? (Taussig, pages 352-353.) + +11. What is the Raiffeisen plan? (Taussig, page 354.) + +12. Among what classes of the population is coöperation of greatest +importance? (Taussig, pages 347-349.) + +13. How does coöperation teach self-government? (Fay, pages 324-325.) + +14. How has coöperation encouraged thrift? (Fay, page 329.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a study of a profit-sharing plan in your locality. (Write to +the Bureau of Labor Statistics at your State Capitol, asking for the +names and addresses of employers in your locality who have +experimented with profit sharing.) + +2. Interview, or write to, an employer, explaining the essence of +profit sharing, and asking his opinion as to its practicability in his +business. + +3. Interview, or write to, the officials of a trade union, regarding +their attitude toward profit sharing. + +4. Write to the Coöperative League of America, 2 West 13th Street, New +York City, asking for free literature on coöperation in your section. +If any of the groups of coöperators in your section are found to be +close at hand, make a study of a typical coöperative group. + +5. Draw up a plan for a coöperative buying club, and discuss with your +fellow students the chances for its success. (Consult Harris, +_Coöperation, the Hope of the Consumer_, chapter xiv.) + +6. Draw up a plan for the coöperative marketing of some agricultural +product in your section. Send a description of the plan, giving +advantages, etc., to a farm journal in your section. (Consult Powell, +_Coöperation in Agriculture>/i>, chapter iv, and Coulter, _Coöperation +Among Farmers_.) + + +II + +7. Profit sharing as a method of securing industrial peace. (Burritt, +and others, _Profit Sharing_, chapter vii.) + +8. Profit sharing as a means of stabilizing labor. (Burritt, and +others, _Profit Sharing,_ chapter vi.) + +9. Relation of coöperation to advertising. (Harris, _Coöperation, the +Hope of the Consumer,_ chapter xix.) + +10. Credit coöperation in Germany. (Fay, _Coöperation at Home and +Abroad,_ part i, chapter ii.) + +11. Coöperation in dairying. (Fay, _Coöperation at Home and Abroad,_ +part ii, chapter vi.) + +12. Coöperation among New England farmers. (Ford, _Coöperation in New +England,_ chapters vi-ix.) + +13. Coöperation among immigrants in New England. (Ford, _Coöperation +in New England,_ chapter iii.) + +14. Coöperation in the fruit industries. (Powell, _Coöperation in +Agriculture,_ chapter viii.) + +15. The relation of thrift to nation-building. (_Annals,_ vol. +lxxxvii, pages 4-9.) + +16. The relation of coöperation to socialism. (Fay, _Coöperation at +Home and Abroad,_ pages 350-355; Sonnichsen, _Consumers' Coöperation,_ +part ii, chapter ii.) + + + + +CHAPTER XIII + +THE GENERAL NATURE OF SOCIALISM + + +121. SOCIALISM IS A VAGUE TERM.--It is often said that the term +"socialism" is so vague that it is useless to attempt to define it. +The word is used to cover all sorts of schemes of industrial and +social reform. Sometimes a person whose viewpoint concerning politics +or business has become more liberal appears to himself or to others as +a socialist. From the standpoint of many individuals, all those who +advocate the extension of government control are socialists. Still +others label as socialists all reformers with whose ideas they are not +in accord. It very often happens that persons who pass in the +community for socialists are not recognized as such by the official +socialist parties. Indeed, certain official socialist groups go so far +as to declare that other official socialist groups are "not really +socialists," either in thought or in action. + +122. A DEFINITION OF SOCIALISM.--In spite of this confusion it is +possible to formulate a rather precise definition of socialism. +Leaving until later the distinction between the chief socialist +groups, we may say that the following definition covers all who are +strictly socialists: Socialism is an economic theory which aims to +abolish the capitalistic system, and to substitute for it "a system of +collective ownership and democratic management of the socially +necessary means of production and distribution." In rather more simple +language, socialism intends that all income-producing property shall +be owned and directed by the state. The state is to own and operate +land, factories, workshops, railroads, and all other means of +production. Private property and the competitive system are to be +abolished. [Footnote: Socialism does not seek to abolish the private +ownership of food, clothing, and other forms of consumers' goods, yet +both socialists and non-socialists accept the unqualified statement +that "socialism seeks to abolish private property." because it is the +private ownership of producers' goods rather than of consumers' goods, +which constitutes a cornerstone of the capitalistic system.] All +business is to be conducted by the government, and all persons are to +be employees of the government. The distribution of wealth is to be +directed by the government. + +123. RELATION OF SOCIALISM TO OTHER RADICAL THEORIES.--The terms +"communism" and "socialism" call for careful distinction. What is now +known as socialism was formerly known as communism. For example, Karl +Marx, the founder of modern socialism, called himself a communist. His +followers later abandoned the name, and began calling themselves +socialists. Still later, during the World War, a group of Russian +socialists, popularly known as the bolshevists, revived the term +communist in the sense used by Marx. Strictly speaking, however, +communism is generally thought of to-day as a type of small community +organization in which all wealth, including both the instruments of +production and consumers' goods, is owned by the community. Socialism, +on the other hand, proposes that the state own and operate only the +instruments of production, leaving food, clothing, and other +consumers' goods to be owned and enjoyed by individuals. + +Socialism is often thought of in connection with the doctrine of +anarchy. Anarchism and socialism are alike in that both object to one +man having authority over another. Anarchism agrees with socialism +that capitalism is bad because it gives the employer power over the +laborer. But at this point the two theories begin sharply to diverge. +Socialism desires to abolish private property and to concentrate all +authority in the hands of the state. The anarchist maintains that this +is simply a transference of authority, and declares that authority in +any form is an evil. Thus where socialism seeks to enlarge the powers +of the state, anarchism objects to the existence of any governmental +authority whatsoever. + +In addition to communism and anarchism, there are a number of +interesting theories that are more or less closely associated with the +socialist movement. These will not be discussed here, for two reasons: +first, an adequate treatment of them would permit the problem of +industrial reform to take up a disproportionate share of our time; +second, many of these theories, while interesting, are relatively +unimportant, from the standpoint of American democracy at least. We +may, therefore, confine ourselves to socialism proper, as defined in +Section 122. + +124. KARL MARX AND HIS INFLUENCE.--The germ of socialism can be traced +back as far as Plato, but the modern movement takes its main impetus +from the teachings of Karl Marx. Karl Marx was a German Jew, who lived +between 1818 and 1883. Marx early became known for his radical views +on political and economic subjects. In 1848, he published, in +collaboration with Frederick Engels, the well-known Communist +Manifesto. The Manifesto, which has been called the "birth-cry of +modern socialism," gives in concise form the essence of the socialist +doctrine. In 1864 Marx helped organize the "International," a +federation of radical thinkers, with affiliations in the different +countries of Europe. In 1867 he published the first volume of his +famous work, _Capital_, which elaborated the views set forth in the +Manifesto, and which has since been adopted as the "Bible of +Socialism." Due to the great influence which Marx has exerted upon +socialist doctrine, he may justly be called the founder and +inspiration of modern socialism. + +125. THE SOCIALIST INDICTMENT.--The claims of socialism, as formulated +by Marx and elaborated by his followers, constitute a serious +indictment of present-day society. Socialists point out, for example, +that the capitalistic system has numerous faults. They call attention +to the fact that capitalism involves enormous wastes in materials and +men; they show that luxurious and injurious goods are produced; and +they maintain that in the past natural resources have often been +monopolized by a few. They believe the system of private property to +be unjust, and declare that free competition involves needless +duplication of effort. At the present time, it is contended, all the +good things of life go to a few, while the masses remain in poverty +and misery. Socialists declare that the fruits of capitalism are +unemployment, industrial accidents, crime, vice, poverty, disease, and +premature death. These charges are serious, and Chapter XVI will be +devoted to their critical examination. In this chapter we are +concerned chiefly with an exposition of the socialist doctrine. + +126. ECONOMIC INTERPRETATION OF HISTORY.--Formerly a great principle +of socialism was the claim that all history has been determined by +economic forces. According to this view, our whole social and +political life, including our basic ideas concerning religion, art, +science, and government, are only the reflected result of economic +forces. History, Marx contended, is the record of how one class has +gained wealth and power at the expense of another class. The present +state of society, he asserted, is the result of the exploitation of +the masses by a few. + +With this principle we need not further concern ourselves. It is an +academic appendage to the socialist doctrine, and at the present time +is not stressed by socialists. The majority of socialists now concede +that while economic forces have been important in history, social, +religious, and political forces are also important. In view of this +admission, the chief importance of the doctrine of the economic +interpretation of history is its theoretical connection with the two +great cornerstones of socialism: the theory of surplus value, and the +theory of class struggle. + +127. THEORY OF SURPLUS VALUE.--Marx claimed that practically all +wealth has been created by the laborers alone, and that all persons +other than laborers are parasites. To those who have carefully studied +Chapter VIII the error of this claim must appear self-evident, +nevertheless, this concept of value is the basis of all socialist +attacks upon government and industry. Marx developed this theory as +follows: + +The value of an article is determined solely by the amount of labor +expended upon its production. But although the laborer creates all +wealth, the capitalist is enabled, by virtue of his monopolistic +control over the instruments of production, to prevent this wealth +from going entirely to the laborer. [Footnote: By "capitalists" +socialism means not only individuals with money to loan, but +"employers" in general, whether middlemen, entrepreneurs, or true +capitalists. ] Socialism declares that the capitalist holds the +laborer in virtual slavery, the laborer receiving only enough of the +wealth created by him to enable him to keep alive, while the surplus +of this wealth goes to the capitalist. The capitalist is thus a +parasite who performs no useful task, but robs the laborers of the +fruits of their industry. Marx did not regard profits as reward for +business enterprise, but called them "plunder." Capitalism, according +to this view, is a system of theft, involving "misery, oppression, +slavery, degradation, and exploitation." + +128. CLASS STRUGGLE.--Marx declared that the capitalistic system was +doomed to destruction. He maintained that as time went on, wealth +would tend to concentrate more and more in the hands of the capitalist +or employing class. Trusts and monopolies would become more common, +and gradually capitalism would become so unwieldy and so unworkable a +mechanism that it would finally fall to pieces of its own weight. +Crises, panics, and trade depressions were supposed to be indications +of this inevitable disaster. + +The tendency for wealth to concentrate in the hands of a few was to be +accompanied by the growing poverty of the masses. Marx believed that +the middle classes would eventually disappear, leaving only the +wealthy employers and the miserable laborers. The individuals +comprising these two classes would steadily draw apart into two great +armies which were destined to battle to the death. Socialism denies +that employers and laborers have anything in common, and insists that +between these two groups a struggle must go on until the employing +class is abolished. + +129. WHAT IS THE ULTIMATE AIM OF SOCIALISM?--Nothing could here be +more important than to know the ultimate aim of socialism, +nevertheless, there is among socialists no agreement as to the +framework of the system which they expect to substitute for +capitalism. All socialists desire collective ownership and direction +of the instruments of production, but beyond this there is practically +nothing in the way of a constructive socialist program. Generally, it +is declared that when capitalism has been abolished, the working +classes will organize industry on the basis of communal ownership. In +the socialist commonwealth there is to be no class struggle, for the +reason that there are to be no classes. There is to be a just +distribution of wealth, together with an abolition of poverty, +unemployment, and all forms of social injustice. But as to how this is +to be accomplished we have no proof. The so-called constructive +program of socialism is not so much a definite agreement as to aims +and methods, as it is a confused and disordered expression of the +attitude of different socialist groups toward capitalism. Indeed, when +socialists are asked to advance a concrete and definitely constructive +program, the reply is often made that the advent of socialism is so +far distant that the constructive side of its program is of no +immediate consequence. + +130. NEGATIVE CHARACTER OF SOCIALISM.--But although the constructive +program of socialism is vague and unreal, its destructive or negative +program is definite and very real. Socialism is opposed to government +as it exists to-day, and to that extent, it disapproves of the +Constitution of the United States. The capitalistic system is to be +destroyed. The institution of private property is to be abolished. +Free competition and private initiative are to be abolished or greatly +restricted. All business is to be under the thumb of the government. +Personal liberty is to be narrowed down. Some socialists even go so +far as to declare war upon the family and the church, but though a +number of socialist leaders favor the abolition of the institution of +marriage, and are professed atheists, it should be borne in mind that +the great majority of socialists are not openly hostile to the home +and the church. Indeed, the average socialist is probably as friendly +to these institutions as is the average non-socialist. + +131. SOCIALIST ATTITUTE TOWARD VIOLENCE.--It is important to +understand the methods of socialism. Throughout the greater part of +his life, Karl Marx openly advocated violence and revolution as a +means of securing the downfall of capitalism. Socialists, says the +Communist Manifesto, "disdain to conceal their views and aims. They +openly declare that their ends can be attained only by the forcible +overthrow of all existing social conditions." Toward the end of his +life, Marx changed this view somewhat, and apparently came to believe +that the overthrow of the capitalistic system might come gradually and +without bloodshed. In accordance with this later view, there is to-day +a considerable socialist group which disavows violence. Members of +this group are known as political socialists. + +On the other hand, many socialists cling to Marx's earlier insistence +upon violence and bloodshed as a means of attaining socialist ends. +Members of the latter class are known as militant socialists, as +opposed to those who disavow violence and rely chiefly upon political +weapons. The two best-known groups of militant socialists are the +Industrial Workers of the World and the Russian bolshevists. + +132. POLITICAL SOCIALISM.--Many political socialists are personally so +mild and agreeable that the thought of unlawful action would never be +associated with them. The political socialist relies chiefly upon the +growing political power of the working class to effect the abolition +of capitalism. This emphasis upon political weapons has been +particularly noticeable among socialists living in democratic +countries where the franchise is widely extended, and where the will +of the people is reflected through the action of their chosen +representatives. The political socialist makes a large use of +propaganda. He tries to stir up the workingman, to create in him a +feeling of solidarity with his fellow workmen, and to incite a feeling +of antipathy toward, and dislike for, the employing class. The +political socialist emphasizes or exaggerates the undesirable side of +the laborer's life, and endeavors by promises of an industrial +millennium to rouse him to political action. "Workingmen of the world, +unite, you have nothing to lose but your chains," is the slogan of the +political socialist. + +133. ALL SOCIALIST TEACHINGS TEND TOWARD VIOLENCE.--Though large +numbers of political socialists are peaceful and responsible citizens, +it should be noted that all socialist teachings tend to result in +violence. The insistence of socialism upon the class struggle, the +deliberate encouragement of industrial ill-will and the general policy +of obstructing the activities of government, all lead inevitably to +violence. Strikes involving bloodshed have in many instances been +traced to the teachings of political socialism. During the World War, +many political socialists in the United States supported our cause, +but others of this group opposed the selective draft, attempted to +demoralize our military forces, and impeded the conduct of the war by +giving aid and succor to German agents. By a series of slight steps, +political socialism, theoretically law-abiding and harmless, may drift +into treasonable and revolutionary acts. The difference between +political and militant socialism is thus one of degree only. + + +QUESTIONS ON THE TEXT + +1. Define socialism. + +2. What is the relation between the terms "communism" and +"socialism."? + +3. How are anarchism and socialism related? + +4. Who was Karl Marx, and what has been his influence upon socialism? + +5. Outline the socialist indictment. + +6. What is meant by the "economic interpretation of history"? + +7. Explain clearly Marx's theory of surplus value. + +8. Just what is meant by the class struggle? + +9. Discuss the character of the socialist program. + +10. Explain the attitude of Marx toward violence. + +11. Distinguish between political and militant socialism. + +12. Name the two chief groups of militant socialists. + +13. In what respect do all socialist teachings tend to result in +violence? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xiii. + +Or all of the following: + +2. _International Encyclopedia_, vol. 21, article on "Socialism." + +3. Le Rossignol, _Orthodox Socialism_, chapter i. + +4. Marx and Engels, _The Communist Manifesto_, all. + +5. Skelton, _Socialism, a Critical Analysis_, chapter ii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Explain why increasing social discontent among certain groups may +be due to improvement in their social and economic condition. +(Skelton, page 17.) + +2. What, according to socialists, has been the effect upon the workers +of the introduction of machinery into industry? (Le Rossignol, page +9.) + +3. What, according to Marx, has been the effect of the factory system +upon the laborer? (Skelton, pages 33-34.) + +4. What is meant by "wage slavery"? (Skelton, pages 30-32.) + +5. What is meant by the "iron law of wages"? (Le Rossignol, page 9.) + +6. What, according to socialism, has been the effect of capitalism +upon the moral tone of the workers? (Skelton, pages 37-40.) + +7. Who are the bourgeoisie? (_Communist Manifesto._) + +8. Who are the proletariat? (_Communist Manifesto._) + +9. What, according to Marx and Engels, are the aims of socialism? +(_Communist Manifesto._) + +10. What does Marx mean by "class consciousness"? (_International +Encyclopedia,_ vol. 21, page 235.) + +11. What changes would occur in human character, in the opinion of the +socialists, if socialism were to supplant capitalism? (Le Rossignol, +page 10.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Ask each of a number of prominent citizens in your community to +define socialism. Compare the definitions secured with that given in +section 122. What do you conclude as to the indefiniteness of the term +"socialism"? + +2. Make a brief study of the social classes in your community. Does it +appear that all of the community's citizens may be grouped into either +a wealthy employing class or into an impoverished laboring class? +Compare your conclusion with Marx's statement. (Section 128.) + +3. Select for study a shop, factory or mill in your locality. + +(a) Does it appear that the interests of the laborers and the employers +are identical or in opposition? + +(b) Carefully observe the actual conduct of the business. Does it +appear to you that the laborers alone create the product? Give your +reasons. + +(c) Do the laborers under observation appear to be getting barely +enough wages to enable them to keep alive? Check up your conclusion by +visiting the homes of some of the laborers in question. + +4. Write to the Department of Justice, Washington, D. C., for +information regarding the activities of American socialists during the +World War. + + +II + +5. Robert Owen and his work. (Consult an encyclopedia.) + +6. Utopian socialism. (Skelton, _Socialism, a Critical Analysis_, +chapter iv; Carver, _Elementary Economics_, chapter xliii.) + +7. Examples of Utopian communities in the United States. (Hinds, +_American Communities_. See also an encyclopedia under "Communism.") + +8. The nature of anarchism. (Carver, _Elementary Economics_, chapter +xlvi.) + +9. The life of Karl Marx. (Consult an encyclopedia.) + +10. The law of capitalistic development. (Skelton, _Socialism, a +Critical Analysis_, chapter vii.) + +11. The economic interpretation of history. (Skelton, _Socialism, a +Critical Analysis_, chapter v.) + + + + +CHAPTER XIV + +MILITANT SOCIALISM: THE I. W. W. + + +134. ORIGIN OF THE I.W.W.--The letters I.W.W. are a convenient +abbreviation which is used to designate a group of militant socialists +calling themselves the Industrial Workers of the World. The I.W.W. +resemble a French socialist group known as syndicalists, and on that +account the I.W.W. are sometimes called the American syndicalists. As +a matter of fact, the I.W.W. are a distinct group, and are in no way +affiliated with the French syndicalists. + +The I.W.W. movement can be traced to a miners' strike in Colorado in +1903. As the result of the labor unrest which this strike accentuated, +a conference of radical labor leaders was called in Chicago in 1904, +to discuss the question of forming a socialist organization which +should advocate methods more drastic than those of political +socialism. In the summer of 1905 a second convention was held in +Chicago, and a constitution was drawn up and subscribed to. Section 1 +of Article I of this constitution reads: "This Organization shall be +known as the 'Industrial Workers of the World.'" + +135. THE I.W.W. AND THE POLITICAL SOCIALISTS: SIMILARITIES.--Like the +political socialists, the I. W. W. go back to Karl Marx for their +basic teachings. William D. Haywood, one of the I. W. W. leaders, +accepted Marx's theory of surplus value in these terms: "The theory of +surplus value is the beginning of all socialist knowledge. It shows +the capitalist in his true light, that of an idler and a parasite. It +proves to the workers that capitalists should no longer be permitted +to take any of their product." The I. W. W. also stress the class +struggle. The preamble to their constitution declares that "the +working class and the employing class have nothing in common," and +asserts that "between these two classes a struggle must go on until +all the workers of the world organize as a class, take possession of +the earth, and the machinery of production, and abolish the wage +system." In these important particulars there is agreement between the +I. W. W. and the political socialists. + +136. THE I.W.W. AND THE POLITICAL SOCIALISTS: DIFFERENCES.--The chief +difference between the two groups is one of method. The political +socialists prefer political action to violence; the I.W.W. prefer +violence to political action. The I.W.W. believe that political +methods are altogether too slow and unreliable, and accordingly they +have so far refused to affiliate with any political party. The extreme +limits to which the I.W.W. have gone in the matter of violence have +caused many political socialists to disavow this militant group. The +attempt has even been made to prove that the I.W.W. are not socialists +at all, though as a matter of fact they are as truly so as is any +other socialist group. + +137. I.W.W. METHODS: THE STRIKE.--The I.W.W. use the strike, not as a +means of securing better working conditions, but as a method of +fomenting revolution. "Instead of the conservative motto, 'A fair +day's wages for a fair day's work,'" declares the preamble to their +constitution, "we must inscribe on our banner the revolutionary +watchword, 'Abolition of the wage system.'" In their use of the +strike, the I.W.W. accordingly oppose conciliation or arbitration of +any kind, and whether or not they gain their point, they go back to +work with the intention of striking again at the next opportune time. +This policy has been formulated by the I.W.W. in the following words: +"Strike; win as much as possible; go back to work; recuperate; strike +again... whatever concessions from capitalism the workers secure, +sooner or later they will strike again." + +The principal strikes initiated in pursuance of this policy occurred +at McKees Rocks, Pennsylvania, in 1909; Lawrence, Massachusetts, in +1912; Butte, Montana, in 1914; and Bisbee, Arizona, in 1916. Violence +and lawlessness have been prominent features of each of these strikes. + +138. I.W.W. METHODS: SABOTAGE.--The word sabotage is of French origin, +and is used to describe any sort of deliberate action on the part of +workmen which results in the destruction of the employer's property. +Sabotage is a species of guerrilla warfare, designed to foment the +class struggle. Louis Levine, an I. W. W. sympathizer, has said that +"stirring up strife and accentuating the struggle as much as is in his +power is the duty" of the I. W. W. Some of the commoner forms of +sabotage are injuring delicate machinery, exposing the employer's +trade secrets to rival employers, lying to customers about the quality +of the goods, crippling locomotives so that they cannot be operated, +slashing the harness of teamsters, shipping perishable goods to the +wrong destination, burning forests and wheat fields, sawing lumber +into unusual lengths, and allowing foodstuffs to spoil or deteriorate. + +139. I.W.W. METHODS: DESTRUCTION OF LIFE.--In their effort to destroy +the existing order of society, some of the I.W.W. are frankly willing +to go as far as assassination. I.W.W. leaders have advised their +followers, both orally and through their writings, to extend the term +sabotage to cover the destruction of human life. During the World War +the I.W.W. caused a loss of life by putting poison in canned goods, +and by causing train wrecks. They have advocated the placing of ground +glass in food served in hotels and restaurants. Since the organization +was formed in 1905, several bomb outrages resulting in loss of life +have been charged against the I.W.W., but in justice to this group, it +must be observed that these crimes have never been proved to have been +committed by authorized I. W. W. agents. + +140. NEGATIVE CHARACTER OF THE I.W.W.--The I.W.W. resemble the +political socialists in their failure to offer a definite system which +could be substituted for the capitalistic system. Some of the I. W. +W., it is true, have formulated a plan by means of which society is +some day to be organized primarily on an industrial basis. According +to this program, the workers of a given industry, say the railroad +industry, will be organized into a single union, rather than, as at +present, into a number of trade unions, such as an engineers' union, +as distinct from the firemen's union, the brakemen's union, etc. The +railroad union would in turn become a branch of a great transportation +union, and the transportation union would in turn become a division of +the "One Big Union," which is to include all workers in all countries +of the world. + +If this plan were approved by the entire I. W. W. organization, it +would mean that the I. W. W. intended industry to be controlled by a +super-organization of workingmen, all other persons to be excluded +from any control whatsoever. As a matter of fact, this is the program +of only a faction of the I. W. W. The idea of "One Big Union" is +opposed by a second group, which insists that after the destruction of +capitalism, industry must be handed over to the exclusive control of +small units of laborers, unaffiliated with, and uncontrolled by, any +larger organization. Beyond the formulation of these two opposing +views, a constructive I. W. W. program has never been developed. +Attention continues to be centered upon the destruction of the present +system. + +141. UNDEMOCRATIC CHARACTER OF THE I. W. W.--The I. W. W. oppose our +present democracy. They oppose our Constitution and its fundamental +guarantees of personal liberty, individual rights, and private +property. They seek revolution, not in order to secure justice for the +masses, but in order to place the laboring class in complete power in +industry and government. They announce their intention of continuing +the class struggle "until the working class is able to take possession +and control of the machinery, premises, and materials of production +right from the capitalists' hands, and to use that control to +distribute the product of industry _entirely_ among the workers." + +142. LIMITED APPEAL OF THE I. W. W. PROGRAM.--It is a testimonial to +the common sense of American workmen that the I. W. W. have made +little headway. Until the Lawrence strike in 1912, the movement +centered in the Far West, and it is even now practically confined to +those parts of the West where industry is less well organized, and +where family life is less stable. Miners, lumbermen, and railway +construction workers are prominent in the movement. In general, the I. +W. W. theory appeals chiefly to the lower strata of unskilled labor, +to young and homeless workers, to transients, and to unassimilated +immigrants. The better trained and the more intelligent American +workmen reject the program of the I. W. W. These latter workmen +believe in bettering their condition through the gradual development +and enforcement of industrial standards, made possible by lawful +coöperation with the employer. The truth of this statement is borne +out by the fact that whereas the I. W. W. number scarcely 30,000, the +American Federation of Labor has more than 4,000,000 members. +Numerically the I. W. W. are unimportant, and it is chiefly their +violent and spectacular tactics which attract attention. + + +QUESTIONS ON THE TEXT + +1. What do the letters I. W. W. stand for? + +2. How did the I. W. W. organization come into existence? + +3. In what ways are the I. W. W. like the political socialists? + +4. In what way do the I. W. W. differ from the political socialists? + +5. What use do the I. W. W. make of the strike? + +6. Define sabotage, and give some examples. + +7. Discuss "destruction of life" as an I. W. W. aim. + +8. Upon what basis do the I. W. W. expect to reorganize society? + +9. What is meant by "One Big Union"? + +10. What is the attitude of the I. W. W. toward democracy? + +11. To what classes of the population does the I. W. W. theory make +its chief appeal? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xiv. + +Or all of the following: + +2. Bloomfield, _Modern Industrial Movements_, pages 40-50 and 78-86. + +3. Hoxie, _Trade Unionism in the United States_, chapter vi. + +4. _International Encyclopedia_, vol. 12, article on "Industrial +Workers of the World." + +5. Preamble to the Constitution of the Industrial Workers of the +World. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Name some of the unions represented in the I.W.W. convention of +1905. (_International Encyclopedia,_ page 150.) + +2. What do the I.W.W. insist must be the outcome of the class +struggle? (Preamble to the constitution.) + +3. What sort of an organization do the I. W. W. believe to be +essential if the condition of the workers is to be improved? (Preamble +to the constitution.) + +4. What are the three reasons why the I.W.W. expect to take over +industry? (Bloomfield, page 80.) + +5. What may be said as to the present attitude of the I.W.W. toward +political parties? (International Encyclopedia,_ page 151.) + +6. What are some of the differences between the I.W.W. and the French +syndicalists? (Bloomfield, pages 49-50.) + +7. What is the origin of the word sabotage? (Bloomfield, page 80.) + +8. To what extent is the I.W.W. movement supplied with able leaders? +(Hoxie, pages 149-150.) + +9. Discuss the membership of the I. W. W. (Hoxie, pages 139-140.) + +10. Explain the attitude of the masses of American workmen toward the +I.W.W. (Hoxie, pages 157-161.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Interview, or write to, the officials of a trade union in your +community with reference to the attitude of the trade union toward the +I.W.W. (Many trade unions are bitterly opposed to the I.W.W.; others +are more tolerant of this form of militant socialism.) + +2. Investigate the conditions surrounding any strike which has been +initiated in your neighborhood by the I.W.W. (Consult the officials of +a local trade union. Consult, also, the files of local newspapers and +the _Readers' Guide to Periodical Literature._) + +3. A number of states have recently passed laws restricting the +destructive tactics of the I.W.W. Ascertain whether or not your state +has passed such laws. (Write to the state library at the state +capitol.) + +Also write to the proper authorities in several other states, asking +for a copy of such laws, if any have been passed in those states. + + +II + +4. Origin of the I.W.W. (Groat, _Organized Labor in America,_ chapter +xxvii.) + +5. The theory of "direct action." (Bloomfield, _Modern Industrial +Movements_, pages 62-67.) + +6. Conflict of aims and ideals within the I. W. W. organization. +(Hoxie, _Trade Unionism in the United States_, chapter vi.) + +7. Sabotage. (Groat, _Organized Labor in America_, chapter xxviii.) + +8. Theory of the "general strike." (Brooks, _American Syndicalism: The +I. W. W._, chapter x.) + +9. Syndicalism. (_International Encyclopedia_, vol. 21, article on +"Syndicalism.") + +10. Relation of the I. W. W. theory to anarchism. (Brooks, _American +Syndicalism: The I. W. W._, chapter xiv.) + + + + +CHAPTER XV + +MILITANT SOCIALISM: THE BOLSHEVISTS + + +143. SIGNIFICANCE OF BOLSHEVISM.-The term "bolshevist" is used to +designate a group of militant socialists that seized power in Russia +in the fall of 1917. Strictly speaking, the bolshevists were purely a +Russian group, nevertheless, they are of interest to students of +American democracy. Until the outbreak of the World War socialism was +primarily a theory, the claims of which could not definitely be +settled for the reason that it had never been applied on a large +scale. Bolshevism is significant because it is the only instance in +the history of the world where nation-wide socialism has actually been +put into operation. The peculiar conditions surrounding the Russian +experiment may prevent any detailed conclusions as to the availability +of bolshevist experience for other countries; on the other hand, the +general results of that experiment must throw some light upon what we +might expect if a socialist experiment were made in other countries. +It is important, therefore, that we inquire into the nature of the +Russian socialist state. + +144. ORIGIN OF THE BOLSHEVISTS.--There is a popular impression that +since the word bolshevist means "majority" in the Russian language, +the bolshevists represented or constituted a majority of the Russian +people. This is not true, as the history of the group shows. The +origin of the bolshevists dates from a convention of the Russian +Social-Democratic party in 1903, at which time a majority +(_bolshinstvó_) took an extreme stand upon the policies then being +discussed in convention. In the years that followed the bolshevists +became known as the radical or extreme wing of the Russian Social- +Democratic party, as opposed to the menshevists, or moderate wing. + +It appears that as early as 1905 the bolshevists planned to secure +control of the Russian government. The opportunity presented itself +during the World War, which Russia had entered early in August, 1914. +In March, 1917, a non-bolshevist group initiated a revolution, which +overthrew the government of the Czar and established a provisional +government under the leadership of Alexander Kerensky. This government +immediately instituted a number of democratic reforms, including the +extension of the suffrage to all men and women who were Russian +citizens. These citizens elected delegates to a constituent assembly, +but at this point the bolshevists, seeing that the voters of Russia +were overwhelmingly against bolshevism, attacked the new government. +The constituent assembly was forcibly dissolved, its defenders +slaughtered, and on November 7, 1917, the bolshevists seized the reins +of government. Thus bolshevism as a government came into being as the +result of suppressing the lawfully expressed will of the Russian +people. + +145. THE BOLSHEVIST CONSTITUTION: LIBERAL ELEMENTS.--On July 10, 1918, +the bolshevists adopted a constitution. This remarkable document was a +strange compound of liberal and despotic elements. It made a number of +important promises to the people of Russia, announcing, for example, +that the new government would "put an end to every ill that oppresses +humanity." In pursuit of this ideal, the church was separated from the +state, and complete freedom of conscience was accorded all citizens of +Russia. Citizens were to enjoy complete freedom of speech and of the +press. For the purpose of "securing freedom of expression to the +toiling masses," provision was made for the free circulation +throughout the country of newspapers, books, and pamphlets. Full and +general education to the poorest peasantry was also promised. Capital +punishment was declared abolished, and a solemn protest against war +and violence of every kind was adopted. + +146. THE BOLSHEVIST CONSTITUTION: RESTRICTED SUFFRAGE.--These liberal +provisions were offset, however, by a number of important restrictions +upon the voting rights of the people. Article IV of the bolshevist +constitution declared that the right to vote should not be extended to +the following groups: all persons employing hired laborers for profit, +including farmers who have even a single part-time helper; all persons +receiving incomes from interest, rent, or profits; all persons engaged +in private trade, even to the smallest shop-keeper; all ministers of +religion of any kind; all persons engaged in work which was not +specifically defined by the proper authorities as "productive and +useful to society"; members of the old royal family; and individuals +formerly employed in the imperial police service. The constitution +further provided that representation in the various deliberative +assemblies (called soviets, or councils) should be arranged so that +one urban bolshevist would be equal, in voting strength, to five non- +bolshevist peasants. Lastly, the constitution significantly neglected +to provide any machinery whereby the voters, either as individuals or +in groups, could make nominations for any governmental office. The +power of nomination was assumed by various bolshevist officials. + +147. THE BOLSHEVIST CONSTITUTION: PROVISION FOR A DESPOTISM.--The +bolshevist constitution frankly provided for a despotism. "For the +purpose of securing the working class in the possession of complete +power," reads the concluding section of chapter two of the +constitution, "and in order to eliminate all possibility of restoring +the power of the exploiters, (the capitalist or employing class), it +is decreed that all workers be armed, and that a socialist Red Army be +organized and the propertied class disarmed." These steps, the +constitution goes on to state, were to be taken for the express +purpose of introducing nation-wide socialism into Russia. + +148. "DICTATORSHIP OF THE PROLETARIAT."--Shortly after the publication +of the constitution, Lenin and Trotzky, the two bolshevist leaders, +established what was called the "dictatorship of the proletariat." The +word proletariat refers vaguely to the working classes, but the +bolshevists interpreted the term to cover only that portion of the +workers which was pledged to the support of socialist doctrine. Lenin +admitted that a small number of bolshevized workingmen, the +proletariat, was maintaining, by force of arms, a despotic control +over the masses of the people. "Just as 150,000 lordly landowners +under Czarism dominated the 130,000,000 of Russian peasants," he once +declared, "so 200,000 members of the bolshevist party are imposing +their will on the masses." According to these figures, the controlling +element in Russia included less than one sixth of one per cent of the +people. + +From the first, the great majority of the peasants stolidly resisted +the socialization of the country, but this did not discourage the +bolshevist leaders. "We have never spoken of liberty," said Lenin +early in 1921. "We are exercising the dictatorship of the proletariat +in the name of the minority because the peasant class in Russia is not +yet with us. We shall continue to exercise it until they submit. I +estimate the dictatorship will last about forty years." + +149. SUPPRESSION OF DEMOCRACY.--The democratic tendencies evidenced +under the Kerensky regime, and apparently encouraged by some of the +provisions of the bolshevist constitution, were quickly checked by the +dictatorship. It became the policy of the government to deprive "all +individuals and groups of rights which could be utilized by them to +the detriment of the socialist revolution." The semblance of a +representative system was retained, but voting power was so +distributed as to allow an oligarchic group to control the +government's policies. This group had the power to disallow elections +which went against it, as well as the power to force the dismissal +from local Soviets of anti-bolshevist members. The right to vote could +be arbitrarily withdrawn by order of the central authorities. Free +speech and the right to enjoy a free press were suppressed. Lenin +admitted that bolshevism "does not represent the toiling masses," and +declared that "the word democracy cannot be scientifically applied to +the bolshevist party." Both Lenin and Trotzky declared that they had +no fixed policy except to do whatever at the moment seemed expedient, +regardless of previous statements or promises. + +150. ABOLITION OF THE CAPITALIST SYSTEM.--Socialism, so long a theory, +became a practical concern at the moment that the bolshevists secured +control of the government. Private property in land was abolished, the +arable land of Russia being apportioned among agriculturists without +compensation to the former owners. All mines, forests, and waterways +of national importance were taken over by the central government, +while the smaller woods, rivers, and lakes became the property of the +local Soviets. Banking establishments were seized and looted by +bolshevist forces. Factories, railroads, and other means of production +and transport were taken over. Inheritance was abolished. Private +initiative in business was forbidden. Members of the capitalist or +employing classes were imprisoned, murdered, or driven from the +country. In a word, the capitalistic system was destroyed, and the +economic and political machinery of the country came under the full +control of a small socialist group, maintained in power by armed +force. + +151. PARALYSIS OF INDUSTRY UNDER SOCIALISM.--The substitution of +socialism for capitalism in Russia was followed by disaster. The +workers were unable to carry on the industries which had been handed +over to them. Discouraged by repeated errors in administration, and +demoralized by their sudden rise to power, they neglected their work +and pillaged the factories and shops in which they had formerly been +employed. The elimination of the managing employers resulted in a +decrease in output, and to aggravate the situation the laborers +continued to insist upon a shorter and shorter working day. In +desperation the government attempted to keep the people at their tasks +by force. The workers were exploited to a degree previously unknown, +even in Russia. They worked longer hours and for less pay than +formerly. In many places they were attached to their tasks like +medieval serfs, and even harnessed to carts like beasts of burden. The +trade unions were abolished, and the workers were forbidden to strike, +on pain of imprisonment or death. Yet despite these measures the +output of factories, mills, and mines steadily decreased. Industry +stagnated, and business fell away. The millions of Russia were +starving in a land of plenty. + +152. RETURN TO CAPITALISTIC METHODS.--To save the country from +economic ruin, Lenin turned to capitalism. Free initiative and open +competition in trade were again allowed. The socialization of +railroads, mills, and natural resources was halted. The arable land, +which under socialism had not grown enough food to support even the +peasants living upon it, was again cultivated under the wage system. +The capitalists and managing employers who were alive and still in +Russia, were gathered together and placed in charge of industry. The +laborers, who had been promised an eight- or six-hour day and complete +control of industry, were now forced by the bolshevist government to +work long hours under their former employers for practically no pay. +By 1919 the essential features of the capitalistic system had been +accepted by Lenin and Trotzky, the bolshevists continuing in power as +a despotic group which maintained authority over the laborers and the +employers by armed force. The theory that all except the laborers are +parasites had been exploded. + +153. WAS SOCIALISM GIVEN A FAIR TRAIL IN RUSSIA?--To point out that an +experiment has failed is one thing; to prove that it has been +attempted under fair conditions is quite another. We cannot, +therefore, condemn the bolshevist experiment without some regard for +the conditions under which it was conducted. + +Undoubtedly, the bolshevists had to contend against several important +difficulties. The majority of the Russian people are illiterate +peasants, who had had, at the time of the overthrow of the Czar in +1917, little or no training in self-government. In 1917, Russia was, +moreover, in a state of political demoralization, the result of three +years of war, concluded by a military debacle and a disorderly peace. +The suddenness with which socialism was introduced was also a factor +which handicapped the bolshevists. + +On the other hand, many favorable conditions were present. With +respect to natural resources, Russia is one of the richest countries +in the world. She has practically everything necessary to a healthy +and self-sufficing industrial life. Over this wealth the bolehevists +had full control. Lenin, the bolshevist chief, is conceded to have +been a remarkable executive, so that the socialist experiment was +conducted by a man not only well versed in Marxian doctrine, but +capable of exercising an intelligent and authoritative control of the +government. The bolshevist territory was blockaded by Great Britain, +France, and the United States, but trade connections between Russia +and the two last-named countries had been unimportant. Trade +connections with Germany and Sweden on the west, and China on the +east, were not broken off. + +It is clear that the socialist experiment in Russia was attended by +important advantages and disadvantages. Whether or not bolshevism had +an absolutely fair trial is as yet impossible to say. On the other +hand, the disastrous failure of the experiment would seem to indicate +that it could not have met with any great degree of success under +fairly favorable conditions. The admissions of the bolshevist leaders +themselves, together with the conclusions of the most impartial +investigators of the experiment, justify the conclusion that socialism +in Russia failed because it was based upon false principles. The +bolshevists have been accused of having instituted a reign of terror, +bringing in its train lawlessness, murder, desecration of the church, +and the most brutal savagery. Into these charges we cannot go; it is +enough that the most reliable evidence goes to show that bolshevism, +as a nation-wide application of socialist doctrine, was a failure. + +154. FAILURE OF BOLSHEVIST PROPAGANDA BEYOND RUSSIA.--Bolshevism, in +common with other varieties of socialism, sought to break down +national barriers and to establish a dictatorship of the proletariat +in all of the countries of the world. Some of the milder socialists in +western Europe and America disavowed the acts of the Russian group, +but the majority of socialists beyond Russia appear to have at least +secretly sympathized with the bolshevists. Encouraged by this +attitude, Lenin and Trotzky frankly admitted their intention of +fomenting world-wide revolution. The bolshevist government +appropriated large sums for propaganda in countries beyond Russia, and +socialist sympathizers everywhere advocated an attempt to overthrow +"world capitalism." In the period of unrest immediately following the +World War there was some response to bolshevist propaganda in a number +of countries, but sounder opinion prevailed, and in 1920 Lenin +admitted that the workingmen of Europe and America had definitely +rejected his program. The one case of nation-wide socialism had proved +too great a failure not to impress the laboring classes in the more +advanced countries of the world as a visionary and unworkable scheme. + + +QUESTIONS ON THE TEXT + +1. Why is bolshevism of interest to students of American democracy? + +2. Explain the origin of the bolshevists. + +3. How did the bolshevists come into power? + +4. To what extent was the bolshevist constitution liberal? + +5. To what extent did it restrict the suffrage? + +6. What did the bolshevist constitution say concerning a "red" army? + +7. Explain the phrase, "dictatorship of the proletariat." + +8. How did the bolshevists suppress democracy in Russia? + +9. Outline the steps by which the bolshevists destroyed capitalism. + +10. What were the effects of this destruction? + +11. Why did Lenin return to capitalism? + +12. Was bolshevism given a fair trial? + +13. What was the fate of bolshevist propaganda beyond Russia? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xv. + +Or all of the following: + +2. Bloomfield, _Modern Industrial Movements_, pages 295-302. + +3. Bolshevist constitution, reprinted in the above reference, pages +243-258; copies may also be secured by writing to _The Nation_, New +York City. + +4. Brasol, _Socialism versus Civilisation_, chapter iii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What occurred in Russia on October 28, 1917? (Brasol, page 113.) + +2. What was the substance of the bolshevist announcement of the +overthrow of the Kerensky government? (Brasol, page 114.) + +3. What was the attitude of the menshevists toward the bolshevists +after the latter had seized control in Russia? (Brasol, pages 120- +122.) + +4. What opinion did the bolshevists express with regard to world +civilization? (Bolshevist constitution, chapter iii.) + +5. In what body did the constitution vest supreme control over the +bolshevist government? (Bolshevist constitution, chapter v.) + +6. What was the food situation in bolshevist Russia? (Brasol, page +129.) + +7. Discuss the output of coal and iron under bolshevist rule. (Brasol +pages 132-133.) + +8. Describe agricultural conditions under the bolshevists. (Brasol, +pages 133-135) + +9. Describe the condition of transportation in bolshevist Russia. +(Brasol, pages 135-141.) + +10. What were the results of the bolshevist attempt to fix prices by +governmental decree? (Brasol, pages 154-155.) + +11. What was the attitude of bolshevism toward the peasants? +(Bloomfield, page 297.) + +12. What was the relation between bolshevist theory and bolshevist +practice? (Bloomfield, pages 299-300.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make as thorough a study as the time allows of material appearing +in newspapers and magazines, between November, 1917, and the present +time, on the subject of bolshevism. (Consult newspaper files, and also +the _Readers' Index to Periodical Literature_.) + +(a) Classify the material according as it consists of direct +quotations from bolshevist leaders, or of indirect quotations. + +(b) Classify the material according as it is favorable to bolshevism, +unfavorable, or neutral. + +(c) Classify the material according as it consists of reports of +persons who had themselves actually investigated the situation in +Russia, or reports based upon hearsay evidence. + +(d) What conclusions do you draw from this study? + + +II + +2. The essential elements of the bolshevist constitution. + +3. Bolshevist propaganda in the United States. (_Hearings before a +sub-committee of the Committee on the Judiciary, U. S. Senate_. +Government Printing Office, Washington, D. C., 1919.) + +4. Attitude of the United States government toward bolshevism. +(_Memorandum on certain aspects of the Bolshevist Movement in Russia_, +Government Printing Office, Washington, D. C., 1919.) + +5. Bolshevism and the Russian trade unions. (_Current History +Magazine_, published by the New York _Times_, September, 1920.) + +6. The character of Lenin. (Bloomfield, _Modern Industrial Movements_, +page's 203-271.) + +7. Return of the bolshevists to capitalism. (Bloomfield, _Modern +Industrial Movements_, pages 291-295.) + +8. Socialist attempts to explain or justify the failure of bolshevism. +(Brasol, _Socialism versus Civilisation_, chapter iv.) + + + + +CHAPTER XVI + +THE CASE AGAINST SOCIALISM + + +155. ADMINISTRATIVE DIFFICULTIES CONFRONTING SOCIALISM.--Under +socialism the work of government would be greatly increased. Thousands +of intricate administrative rules would have to be drawn up for the +control and direction of activities now attended to by individuals +animated by personal interest. + +Now, it is seriously to be questioned whether the most highly +centralized government could effectively administer the innumerable +activities of our complex industrial life. Upon what basis would land +be distributed? How would individuals be apportioned among the various +employments? Upon what basis would the wages of millions of workmen be +determined? Could so mechanical an agency as government foresee future +business conditions expertly enough to direct the productive forces of +the nation effectively? If prices are no longer to be fixed by +competition, how, and by means of what agency, are they to be +determined? + +These are only a few of the vital questions which would arise in +connection with the administration of a socialist state. Various +suggestions have been made with regard to some of these difficulties, +but there is among socialists no general agreement as to the answer of +any one of these questions. They continue to constitute, in the eyes +of practical men, a grave obstacle to socialism. + +156. DANGERS OF A SOCIALIST BUREAUCRACY.--Governmental power would +have to be very highly centralized if a socialist state were +effectively to administer the nation's economic activities as a unit. +But this very concentration of power might easily result in the +development of a bureaucracy. Waste and the possibility of corruption +have unfortunately characterized even those governments over which the +people exercise considerable control; it seems probable that the +greater centralization of authority demanded by socialism would +increase rather than decrease these dangers. + +It is to be noted here that the socialists, who might be supposed to +consider as paramount the interests of society or of the public, are +the very people who are least inclined to do anything of the kind. +[Footnote: This concept was suggested to me by Professor Thomas Nixon +Carver of Harvard University.] Socialists look upon the state only as +an agency for benefiting particular groups of individuals. The +emphasis of political socialism upon class struggle, the frank +admissions of the I.W.W. that they seek to suppress all but the +laboring class, and the establishment by the bolshevists of a +dictatorship of the proletariat, all these facts indicate that +socialists seek the welfare of particular groups rather than the +welfare of the general public. + +But class legislation is repugnant to the principles of American +democracy. We believe in government by the masses and for the masses; +furthermore, we are committed to the ideal of as much individual +freedom and as little governmental compulsion as is compatible with +the good of both individual and community. The concept of a socialist +bureaucracy, administered in the interests of particular groups, runs +counter to our fundamental beliefs and ideals. + +157. SOCIALISM WOULD DESTROY PERSONAL INITIATIVE.--One of the +strongest arguments against socialism is that it would destroy +personal initiative. Socialism runs counter to human nature by under- +valuing the principle of self-interest. Economists are generally +agreed that the abolition of the institution of private property would +cause the ambition of the individual to slacken. In spite of its +defects, it is the competitive system, with its promise of reward to +the energetic and the capable, which is largely responsible for the +miraculous prosperity of modern times. Men ordinarily will not undergo +systematic training, perfect inventions, strive to introduce greater +and greater economies into their business, or undertake the risk of +initiating new enterprises, unless they are assured that they will be +able to enjoy the fruits of their labor. + +And not only would socialism discourage ambition by abolishing private +enterprise, but it might encourage inefficiency and shiftlessness. +Every man would be guaranteed a job, every individual would be +protected against want. It is even likely that a socialist state would +undertake to rear and provide for the offspring of its citizens. Human +experience indicates that this degree of paternalism would encourage +laziness and increase irresponsibility. + +It is sometimes said that under socialism men would work as eagerly +for social esteem as they now work for financial gain. This would be a +highly desirable condition, but unfortunately there is nothing in +human experience to justify the hope that such a state of affairs will +speedily be realized. The spread of altruism in the modern world is +heartening, but no sensible person will shut his eyes to the fact +that, for the immediate future at least, self-interest promises to be +much more widespread than altruism. The love of gain may not be the +highest motive in life, but it is better than none, and for a long +time to come it will probably be the one which appeals most strongly +to the average man. Socialists and non-socialists alike deplore the +domination which self-interest exercises over human affairs. But +whereas the non-socialist wisely tries to adapt a program of +industrial reform to this hard fact, many socialists appear to believe +that because the principle of self-interest often works out badly, +they ought to act as though that principle did not exist. + +158. SOCIALIST THEORY OF DISTRIBUTION UNSOUND.--Both socialists and +non-socialists admit that poverty is an undesirable condition. But +over the method of improving the condition of the poor the socialist +and the non-socialist disagree. The defender of capitalism begins by +pointing out that, under competitive conditions, the unskilled laborer +is poor primarily because his labor is not highly productive. The +socialist ignores this fact, and insists that the laborer shall +receive a share of wealth which shall be adequate to his needs. As we +shall have occasion to point out in the next chapter, this attitude of +the socialist indicates a fundamental defect in his theory. Socialism +pays more attention to who shall eat and how much shall be eaten, than +it does to the more fundamental question of how food is to be +produced, and how much can actually be produced. Laws may oblige an +employer to give his workmen twice as much as they add to the value of +his product, but though this will benefit the workmen while it lasts, +such a practice would, if widely adopted, lead to industrial +bankruptcy. [Footnote: It is assumed, in this section, that the +productivity of the laborer is determined from the point of view of +the employer. This is in accordance with the productivity theory which +was discussed in Chapter IX.] + +159. SOCIALIST THEORY OF VALUE UNSOUND.--Many of the defects of the +socialist doctrine are traceable to the fact that it rests upon false +assumptions. One of these false assumptions is that commodities have +value in proportion as labor has been expended upon them. This labor +theory of value has been discarded by every authoritative economist of +modern times. As has been pointed out in Chapter VIII, value depends +upon scarcity and utility. The soundness of the scarcity-utility +theory, as well as the unsoundness of the labor theory, may be brought +out with reference to three classes of goods. + +First, there are commodities which have value in spite of the fact +that no labor has been expended upon them. Virgin land, the gift of +Nature, is the most important example. Articles of this class have +value because they satisfy men's wants, _i.e._ have utility, and +because they are scarce. Labor has nothing to do with their original +value. + +Second, there are commodities which have no value, even though much +labor has been expended upon them. A building erected in a desert or +in a wilderness is an example. Unwanted books, or paintings by unknown +artists are other examples. Commodities in this class may represent a +great expenditure of labor, and still have no value, first because +they do not satisfy anyone's wants, and second because they are not +scarce, _i.e._ there are not fewer of them than are wanted. + +Third, articles may have a value which is out of proportion to the +amount of labor expended upon them. The value of diamonds, old coins, +and rare paintings is disproportionate to the actual amount of labor +involved in their production. A sudden change in fashion may cause the +value of clothing and other commodities to rise or fall, with little +or no regard for the amount of labor expended upon them. In each case +it is not labor that determines value, but scarcity and utility. + +160. LABOR NOT THE ONLY FACTOR IN PRODUCTION.--Labor is an important +factor in production, but land, capital, coördination, and government +are also of vital importance to any modern industrial community. The +great error of the socialist is that he over-estimates the importance +of the laborer, and minimizes or altogether denies the importance of +the individuals with whom the laborer coöperates in production. This +error is explainable: the laborer does most of the visible and +physical work of production, while the part played by the landowner, +the capitalist, and the entrepreneur is less physical and often is +apparently less direct. The complexity of the industrial mechanism +very often prevents the laborer from appreciating the true relation +existing between his own physical labor, and the apparently indirect +and often non-physical efforts of those who coöperate with him. It is +in this connection that producers' coöperation and bolshevism have +performed a great service. They have demonstrated, by the out-and-out +elimination of the managing employer, that the laborer alone cannot +carry on modern industry. Such actual demonstrations of the value of +factors of production other than labor are of far more service in +correcting the viewpoint of the socialist than is any amount of +theoretical argument. + +161. THEORY OF CLASS STRUGGLE UNWARRANTED.--The theory of class +struggle is based upon the claim that the laborer produces all wealth. +But we have seen this claim to be unfounded; therefore the theory of +class struggle is built upon an error. Ultimately, the theory of class +struggle tends to injure the very class which seeks to gain by +advocating it, for true and permanent prosperity for the laboring +class (as well as for all other classes) can result only when all of +the factors of production work together harmoniously. Fundamentally +the quarrel between capital and labor [Footnote: The phrase "capital +and labor" is loose and inaccurate, but is in common use. Used in this +sense the word "capital" refers to the capitalist and employing +classes, while the word "labor" refers to the workers. See Section +181, Chapter XVIII, for a fuller discussion.] is as suicidal as though +the arms of a human body refused to coöperate with the other members. +There are, indeed, many antagonisms between capital and labor, but +socialism seeks to foment, rather than to eliminate them. Socialism +preaches social solidarity and prosperity for all, but by inciting the +class struggle it makes for class hatred and a disharmony between +capital and labor which decreases prosperity and threatens economic +ruin. + +162. HISTORY HAS DISPROVED SOCIALISM.--Karl Marx bases his theory of a +future socialist state upon a number of predictions, none of which has +come true. According to Marx, socialism was inevitable. He declared +that the centralization of wealth in the hands of the capitalists, on +the one hand, and the increasing misery of the workers on the other, +would accentuate the class struggle and bring about the downfall of +capitalism. As a matter of fact, laws are more and more restricting +the undue concentration of wealth in the hands of a few. The middle +classes, far from disappearing, as Marx predicted, are increasing in +numbers and in wealth. The working classes are not becoming poorer and +more miserable, but are securing a larger and larger share of the +joint income of industry. + +The socialist revolution came in 1917, not in the most enlightened +country in the world, as Marx had predicted, but in Russia, one of the +most backward of civilized countries. This revolution did not +demonstrate the superiority of socialism over capitalism, but revealed +the fundamental weaknesses of socialism, and led to a more widespread +recognition of the merits of the capitalistic system. + +In the progressive countries of western Europe and America, the +likelihood of a socialist revolution has been greatly diminished by +two developments. These developments, both of which were unforeseen by +Marx, are as follows: first, the improving condition of the workers +has rendered socialist doctrine less appealing; second, the increasing +effectiveness of legislation designed to remedy the defects of +capitalism has caused attention to be directed to legislative reform +rather than to socialism. With many who were formerly socialists, the +supreme question has become, not how to destroy the present order, but +how to aid in perfecting it by means of appropriate legislation. + +163. SOCIALISM CLAIMS TOO MUCH.--Socialism often appeals strongly to +people who are unable to distinguish between plans which are +realizable and promises which cannot be fulfilled. For example, +socialism promises greatly to increase the productive power of the +nation, to shorten the hours of labor, and to insure a just +distribution of wealth. These reforms, it is claimed, would be +accompanied by the elimination of unemployment, poverty, vice, and +attendant evils. It is maintained that socialism would encourage a +higher moral tone and a healthier and more vigorous social life than +now exist. + +Without doubt these are desirable aims, but we must face the hard fact +that socialism is not likely to attain them.. Some of the ills which +socialism claims to be able to cure are neither attributable to +capitalism, nor open to remedy by socialism. For example, crises and +unemployment are often due to the alternations of good and bad +harvests, to the varying degrees of severity in successive winters, to +new mechanical inventions, and to changes in fashion. These forces are +beyond the effective control of any state. This being so, it is unfair +for socialists to attribute their evil effects to capitalism. It is +likewise unwarranted that socialism should claim to be able +effectively to control these forces. + +Other industrial evils are due to the infirmities of human nature, and +to the fact that we are a highly civilized people living more and more +under urban conditions. Crime, vice, and disease are grave social +problems which demand solution, but it is unfair for socialism to +charge these evils against capitalism. Such defects are due partly to +the fact that we are human, and partly to the fact that much of modern +life is highly artificial. Unless socialism contemplates a return to +small, primitive communities, there is nothing to indicate that it +would be able materially to reduce crime, vice, nervous strain, or +ill-health. Indeed, there is no evidence to show that socialism could +make as effective headway against these evils as we are making under +capitalism. + +164. DEFECTS OF SOCIALISM OUTWEIGH ITS MERITS.--It is only after the +advantages of a system or an institution have been carefully weighed +against its disadvantages that its value appears. A socialist system +would have some obvious merits. It might eliminate unemployment, since +everyone would be an employee of the state, and, as such, would be +guaranteed against discharge. Charitable aid would probably be +extended to many people now left to their own resources. + +But certainly socialism could not cure ills which are due either to +natural causes, or to the infirmities of human nature. The abolition +of private initiative and of private property would strike at the root +of progress. Socialism would also probably give rise to a series of +new problems, such as the evils arising out of a bureaucratic form of +government. As its program now stands, it is probably fair to say that +the defects of socialism greatly outweigh its merits. + +165. SOCIALISM UNDER-RATES CAPITALISM.--The ardor of the socialist +often causes him to underestimate the merits of capitalism, and to +exaggerate its defects. The striking achievements of capitalism, so in +contrast with the negative character of socialism, are not generally +appreciated by the socialist. On the other hand, the socialist places +an undue emphasis upon the defects of the present system. The radical +agitator too often overlooks the millions of happy, prosperous homes +in this and other countries; he too often sees capitalism in terms of +poverty, crises, unemployment, vice, disease, and extravagance. + +Our age is not to be despaired of. An age of progress is always an age +of adaptation and of adjustment, and it is precisely because American +democracy is both a progressive ideal and a living, growing +institution that it is confronted with problems. The socialist +indictment is not a prelude to chaos, for through the process of +adjustment we are making steady progress in solving our problems. +Capitalism has served us well, and though it has defects, these are +clearly outweighed by its merits. So long as we know of no other +system which would work better, we are justified in retaining +capitalism. + +166. NECESSITY OF A DEFINITE PROGRAM OF INDUSTRIAL REFORM.--Socialism +appeals to certain types of people because it offers a confident +program, even though it is a mistaken and probably a dangerous +program. And it is the almost universal failure of non-socialists to +advance a substitute program that is responsible for a large share of +the resentment which industrial evils have aroused among non- +socialists. _If not socialism, what?_ is the cry. We are challenged to +move, to do something, to present a reform program which will justify +the rejection of socialism. + +Lest our survey of industrial reform seem negative and devoid of +constructive elements, therefore, the next chapter will be devoted to +what may be called a democratic program of industrial reform. The +basic idea of this program is that poverty is as unnecessary as +malaria or yellow fever, and that we can abolish poverty without +sacrificing private property, personal initiative, or any of the other +institutions which we hold dear. + + +QUESTIONS ON THE TEXT + +1. What are some of the administrative difficulties which would +confront a socialist state? + +2. Why would socialism tend to give rise to a bureaucratic government? + +3. In what way does socialism run counter to human nature? + +4. In what way does the socialist differ from the non-socialist in his +attitude toward the principle of self-interest? + +5. In what way is the socialist theory of distribution unsound? + +6. Demonstrate the unsoundness of the labor theory of value, with +reference to three classes of goods. + +7. How may we explain the socialist's tendency to overestimate the +importance of labor, and to underestimate the value of other factors +of production? + +8. Explain clearly the statement that "history has disproved +socialism." + +9. In what way does socialism claim too much? + +10. Name some industrial evils which socialism probably could not +cure. + +11. What is meant by the statement that "socialism under-rates +capitalism"? + +12. Why is it necessary for non-socialists to advance a program of +industrial reform? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xvi. + +Or all of the following: + +2. Brasol, _Socialism versus Civilization_, chapter ii. + +3. Bullock, _Selected Readings in Economics_, pages 681-705. + +4. Ely, _Outlines of Economics_, chapter xxxi. + +5. Le Rossignol, _Orthodox Socialism_, chapters viii and ix. + +6. Skelton, _Socialism, a Critical Analysis_, chapter iii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the "American conception of equality"? (Brasol, pages 75- +76.) + +2. Why is the wage system a necessary feature of modern +industrial life? (Brasol, page 93.) + +3. What is the importance of the spirit of enterprise in increasing +national wealth? (Brasol, page 99.) + +4. What effect has the development of entrepreneur ability had upon +the condition of the laboring classes? (Le Rossignol, pages 112-113.) + +5. Could collective production be carried on in a democratic country? +(Bullock, pages 682-683.) + +6. Could socialism increase the productivity of the nation? (Bullock, +pages 685-688.) + +7. What are some of the difficulties which a socialist state would +encounter in distributing wealth? (Bullock, pages 688-693.) + +8. What difficulties would confront a socialist state in fixing wages? +(Bullock, pages 696-705.) + +9. What has been the effect of the Industrial Revolution upon the +condition of the laboring classes? (Le Rossignol, pages 107-108.) + +10. Explain why Marx's prediction of an increasing concentration of +wealth in the hands of a few has not come true. (Le Rossignol, pages +128-130.) + +11. To what extent is socialism too pessimistic about the present +order? (Le Rossignol, page 138.) + +12. To what extent does socialism overestimate industrial evils? +(Skelton, page 53.) + +13. What service has been rendered by socialism? (Ely, page 638.) + +14. What, according to Skelton, is the fundamental error of socialism? +(Skelton, pages 60-61.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a list of a number of familiar commodities, and divide them +into three classes for the purpose of testing the error of the labor +theory of value, and the truth of the scarcity-utility theory. +(Consult Section 159.) + +2. Make a study of unemployment in your locality, with particular +reference to unemployment due to + +(a) climatic changes, + +(b) changes in fashion, + +(c) accidents, such as fire, flood or earthquake. + +3. Interview an elderly friend or relative, with the purpose of +securing a definite idea of the condition of the working classes a +half century ago. Contrast with the condition of the laborers to-day. + +4. Make a list of the notable inventions of the nineteenth century. To +what extent has each increased the productivity and well-being of the +various occupational groups in your community? + + +II + +5. History of socialism. (Consult an encyclopedia.) + +6. Varieties of socialism. (Ely, _Outlines of Economics_, chapter +xxx.) + +7. The Iron Law of wages. (Le Rossignol, _Orthodox Socialism_, chapter +iii.) + +8. The socialist's attitude toward industrial crises. (Le Rossignol, +_Orthodox Socialism_, chapter vi.) + +9. Objections to the socialist's attitude toward production. (Ely, +_Strength and Weakness of Socialism_, part iii, chapter vi.) + +10. Objections to socialism as a scheme of distribution. (Ely, +_Strength, and Weakness of Socialism_, part iii, chapter viii.) + +11. Socialism and American ideals. (Myers, _Socialism and American +Ideals_.) + +12. Social justice without socialism. (Clark, _Social Justice without +Socialism_.) + + + + +CHAPTER XVII + +A DEMOCRATIC PROGRAM OF INDUSTRIAL REFORM + +[Footnote: The title of this chapter, as well as the material in +Sections 170-175, has been adapted, by permission, from the writings +and lectures of Thomas Nixon Carver, Professor of Economics in Harvard +University.] + + +167. THERE IS NO SIMPLE REMEDY FOR THE DEFECTS OF CAPITALISM.--The +economic system of a modern civilized nation is a vast and complicated +affair, and its defects are both numerous and deep-lying. No one +really familiar with the problem would propose so simple a remedy as +socialism for so complex a disease as industrial maladjustment. +History affords many examples of schemes that were designed to +eliminate poverty from the world suddenly and completely, but no such +scheme has succeeded. + +Let it be understood at the outset of this chapter, therefore, that +really to eliminate the basic defects of our industrial system we must +resort to a series of comprehensive reforms rather than to a single +scheme or theory. These reforms must be so wisely planned and so +carefully executed as to attack the evils of capitalism from a number +of angles simultaneously. The attack must be partly by legislative, +and partly by non-legislative methods. + +The series of reforms referred to above must have three aims: first, +to give every individual exactly what he earns; second, to make it +possible for every individual to earn enough to support himself and +his family at least decently; and third, to teach every individual to +use wisely and economically the income which he receives. + +A program embodying these three aims has the disadvantage of seeming +commonplace and slow of fulfillment to those who prefer novel and +sensational schemes, but it has the advantage of being both workable +and safe. + +168. THE NATURE OF JUSTICE.--Among the advocates of socialism the word +"justice" is much used, but apparently little understood. Justice in +industry implies that every individual shall receive precisely what he +earns, no more, no less. If a monopolist secures unearned profits, +there is injustice. If a laborer adds to the value of a product to the +extent of five dollars, there is injustice if he receives less than +five dollars in wages. Similarly, there is injustice if the laborer +earns only four dollars, but receives five dollars. Wherever there is +an unfair distribution of wealth, there is a double injustice: some +individual gets a share of wealth which he did not earn and to which, +therefore, he is not entitled; while the individual who did earn that +wealth is deprived of it. + +169. THE IMPORTANCE OF THIS.--All right-thinking reformers will agree +with the socialist that much or all of the unearned wealth of the +moneyed classes ought to be taken for the benefit of the community. +But he who accepts the democratic program of industrial reform will +not sanction the socialist's proposal to eliminate poverty primarily +by decreeing higher wages. + +In the first place, this proposal of the socialist is unjust. A man +who earns three dollars a day may not be able to live on that amount, +and it may be desirable for some agency to give him more than three +dollars a day. But that would be charity, not justice. It would be, as +we have just seen, a double injustice. + +In the second place, such a practice would lead inevitably to national +bankruptcy. Under the competitive system, wages tend to be determined +by productivity. To attempt to eradicate poverty primarily by the +raising of wages is futile, for employers cannot long pay out in wages +more than the laborer adds to the product. Some employers might do so +for a long time, and all employers might do so for a short time, but +if the practice were nation-wide and long-continued, it would result +in economic ruin. To put a premium upon propagation by guaranteeing +every man a job, and to pay him, not according to productivity, but +according to need, would be equivalent to building up a gigantic +charitable institution. Charity is a necessary and laudable function, +but the proper care of the dependent classes is possible only when the +majority of the people are not only self-supporting, but actually +produce a surplus out of which the unfortunate can be cared for. If +applicants for charity too largely outnumber those producing a +surplus, national bankruptcy results. + +In the third place, an increase in wages might not benefit even those +receiving higher wages unless they were able and willing to spend +their income wisely and economically. + +170. THE REDISTRIBUTION OF UNEARNED WEALTH.--The first step in our +program is to apply the principle of justice to the problem of +unearned wealth. The student should be careful at this point to +distinguish between wealth which has been earned, however great, and +wealth which has been acquired by unjust methods. American democracy +will tolerate no interference with wealth which has been earned; on +the other hand, it demands that unearned riches be redistributed in +the form of services performed by the government for the people as a +whole. + +There are three chief methods of redistributing unearned wealth. The +first is by means of increased taxes on land. As was pointed out in +the chapter on single tax, that income from land which is due, not to +the efforts of the owner, but either to natural fertility or to the +growth of the community, may be considered as unearned. While the +single tax is too drastic a reform, it is unquestioned that we need +heavier taxes upon the unearned increment arising from land. + +A second method of redistributing unearned wealth is through the +application of inheritance taxes. Reserving the whole problem of +taxation for later discussion, [Footnote: See Chapter XXXII.] it may +be said here that in many cases large sums are willed to individuals +who have done little or nothing to deserve them. In so far as this is +true, and in so far as such a tax does not discourage the activities +of fortune builders, the inheritance tax is a desirable means of +redistributing unearned wealth. + +The last method of redistributing unearned wealth is by a tax on those +elements in profits which are due to the abuse of monopoly conditions. +[Footnote: Monopoly will be treated more fully in Chapters XXVII and +XXVIII.] Complete monopoly rarely exists, but in many businesses there +is an element of monopoly which allows the capitalist or entrepreneur +to secure a measure of unearned wealth. In the interest of justice, +much or all of this ought to be taken for the use of the community. + +171. SOMETHING MORE THAN JUSTICE IS NECESSARY.--It is an error to +suppose that justice would necessarily eliminate either low wages or +poverty. As we have seen, justice would require the redistribution of +a large amount of unearned wealth. But much more important is the +question of large numbers of laborers whose wages are undesirably low. +If the rule of justice were applied to this latter class, that is, if +they were given just what they earned, many would continue to be poor. +Indeed, if justice were strictly administered, it is even possible +that among a few groups poverty would increase, since some individuals +are incapable of really earning the wages they now receive. + +Something more than justice, therefore, is necessary. We must not only +see that a man gets as much as he produces, no more, no less, but we +must make it possible for every individual actually to produce or earn +enough to support himself decently or comfortably. This, in essence, +is the distinction between the socialist and the liberalist, _i.e._ he +who accepts the democratic program of industrial reform: the socialist +would practice injustice and invite economic ruin in a vain effort to +eliminate poverty; the liberalist seeks the abolition of poverty +without violating either justice or economic law. + +172. WHY WAGES ARE LOW.--A little thought will show that directly or +indirectly poverty is sometimes the result of low wages. It follows, +thus, that the source of some poverty would be dried up if an increase +in wages could be secured in an economical manner. To come to the +heart of the problem, wages are low because productivity is low. That +is to say, employers operating under conditions of free competition +will pay laborers in proportion as the latter give promise of adding +to the value of the product. When men are scarce, relatively to the +supply of land and capital, the employer will be justified in offering +high wages, because under those circumstances the productivity of each +of his prospective employees will be high. He will actually offer high +wages, because if he does not, the laborers will tend to hire out to +his competitors. But if laborers are plentiful, relatively to the +supply of the other factors of production, the employer will be forced +to offer lower wages, because under the circumstances each of the +prospective employees shows promise of being able to add relatively +little to the value of the product. In such a case, the employer will +actually offer low wages because he need not fear that his competitors +will hire all of the laborers applying for jobs. + +Thus when laborers are plentiful, relatively to the demand, the +automatic functioning of the law of supply and demand will result in +low wages. We need not waste time debating whether or not there ought +to be such a thing as the law of supply and demand; a far more +profitable exercise is to recognize that such a law exists, and to +consider how our program of industrial reform may be adapted to it. + +173. AN ECONOMICAL REMEDY FOR LOW WAGES.--Low wages are generally the +result of low productivity, and low productivity is in turn the result +of an oversupply of laborers relatively to the demand. Granting the +truth of these premises, an economical remedy for low wages involves +two steps: first, the demand for labor [Footnote: By "labor" is here +meant those types of labor which are poorly paid, because +oversupplied. Unskilled day labor is an example.] must be increased; +and second, the supply of labor must be decreased. Any measure which +will increase the demand for labor, relatively to the demand for the +other factors of production, will increase the productivity of labor, +and will justify the payment of higher wages. Competition between +prospective employers will then actually force the payment of higher +wages. Similarly, any measure which will decrease the supply of labor +will strengthen the bargaining position of the laborer, and, other +things remaining equal, will automatically increase wages. + +174. INCREASING THE DEMAND FOR LABOR.--If we bear in mind that modern +industry requires a combination of the various factors of production, +it will be seen that the utilization of laborers depends upon the +extent to which land, capital, and entrepreneur ability are present to +combine with those laborers. Where there is a large supply of these +factors, many laborers can be set to work. Thus one way of increasing +the demand for labor is to increase the supply of land, capital, and +entrepreneur ability. + +The available supply of land can be increased by several methods. +Irrigation, reclamation, and dry farming increase the available supply +of farm land. The fertility of land may be retained and increased by +manuring, rotation of crops, and careful husbandry. Improved +agricultural machinery will also enable land to be used in larger +quantities and in more productive ways. And while we do not think of +man as actually creating land, the draining of swamps and the filling +in of low places increases the available amount of both farm and urban +land. By whatever means the amount of available land is increased, the +effect is to open more avenues to the employment of laborers. + +The supply of capital may be increased chiefly by the practice of +thrift among all classes of the population. Capital arises most +rapidly when individuals produce as much as possible, and spend as +little as possible for consumers' goods. Any measure which will +discourage the well-to-do from wasteful or luxurious ways of living, +and at the same time encourage the poor to save systematically, even +though they save only a trifle, will add to the supply of available +capital. Every increase in the supply of capital will enable more and +more laborers to be set to work. + +Entrepreneur ability may be increased by a variety of methods. The +training of men for business callings increases the supply of +entrepreneurs. Taxes on inheritances, excess profits, and the unearned +increment of land will tend to force into productive work many capable +men who now either idle away their lives, or retire from business +prematurely. It is also important that the well-to-do classes be +encouraged to rear larger families, since it is these classes which +can best afford to give their children the higher forms of training +and education. Lastly, it is desirable to teach that leisure is +disgraceful, and that whether one is rich or poor, the useful and +productive life is the moral and patriotic life. "He who does less +well than he can does ill." + +175. DECREASING THE SUPPLY OF LABOR.--Hand in hand with measures +deigned to increase the demand for labor should go consistent efforts +to decrease the supply of unskilled and poorly paid labor. One of the +most effective means of accomplishing this is to restrict by law the +immigration to this country of masses of unskilled workers which glut +the American labor market and force down the wages of unskilled +workmen already here. The general problem of immigration will be +discussed elsewhere; here it is only necessary to note that as an +economic proposition unrestricted immigration is undesirable. + +The supply of unskilled labor may be somewhat restricted by additional +laws. It is clear that we ought to pass and enforce laws which would +prevent the propagation of mental defectives. There ought also to be +laws which would discourage the marriage of individuals who show no +promise of being able to rear and support children who are physically +fit. It might not be expedient to pass legislation requiring a certain +minimum income of persons intending to marry, but from the purely +economic point of view, such laws would certainly be advisable. + +Much in this general field can be done by non-legislative methods. +Young people can be taught the desirability of postponing marriage +until their earnings justify the acceptance of such a responsibility. +Just as the well-to-do should be encouraged to prefer family-building +to social ambition, so the poorer classes ought to be encouraged to +postpone marriage until, through education or training, the proper +support of a family is assured. This end must be secured through moral +and social education, rather than through legislation. + +The encouragement of thrift among the poorer classes of the population +is an important factor in decreasing the supply of unskilled labor. +Thrift increases savings, and by making possible education or +apprenticeship in a trade, it enables the children of the unskilled +worker to pass from the ranks of the poorly paid to the ranks of the +relatively well paid. Thus not only does the practice of thrift by the +poor add to the amount of capital in existence, and thus indirectly +increase the demand for labor, but it helps the poor directly and +immediately. + +Vocational education is of fundamental importance in decreasing the +supply of unskilled labor. It renders higher wages economically +justified by training individuals away from overcrowded and hence +poorly paid jobs, and toward those positions in which men are scarce, +and hence highly paid. If vocational education turns unskilled workmen +into entrepreneurs, such education has the doubly beneficial effect of +lessening the supply of unskilled labor, and of increasing the demand +for labor. The importance of trade schools, continuation schools, and +other agencies of vocational education can hardly be exaggerated. + +Employment bureaus and labor exchanges are essential to the democratic +program of industrial reform. Just as vocational education must move +individuals from overcrowded to undercrowded occupations, so the +employment bureau should move laborers from places where they are +relatively little wanted, and hence poorly paid, to places where they +are relatively much wanted, and hence better paid. A coördinated +system of national, state, and municipal employment bureaus is a +valuable part of our program of industrial reform. + +176. IMPORTANCE OF PERSONAL EFFICIENCY.--We have seen that the +bargaining position of the laborer may be strengthened by any and all +measures which would increase the demand for his labor, relatively to +the demand for the other factors of production. As a general +proposition, this strengthened position would tend automatically to +result in higher wages. + +Along with these measures it should not be forgotten that the +industrial position of the individual worker tends to improve in +proportion as he increases his personal efficiency. It is of the +greatest importance that the individual should strive to secure as +thorough an education as possible, and that he safeguard himself +against accident and disease. He should realize, also, that employers +seek men who are not only competent, but whose personal habits are +attractive and trust-inspiring. Regardless of the scarcity or +oversupply of labor, personal efficiency will tend to enable the +worker to receive larger wages than would otherwise be possible. + +177. SOMETHING MORE THAN HIGH WAGES IS NECESSARY.--We have taken some +time to point out how wages might be increased without violating +economic law. But high wages do not necessarily mean the abolition of +poverty, indeed, actual investigations have proved that often poverty +exists regardless of whether wages are high or low. A family of four, +for example, might be well fed, comfortably clothed, and otherwise +cared for in a normal manner, on, say, three dollars a day, provided +that sum were utilized wisely. A second family of equal size, however, +might spend six dollars a day so carelessly that the children would be +denied such vital necessities as medical attention and elementary +education, while neither parents nor children would be adequately +provided with food or clothing. + +178. INCOME MUST BE UTILIZED WISELY.--Thus an indispensable factor in +the abolition of poverty is the economical utilization of income. +Aside from the fact that it increases the amount of capital in +existence, thrift is imperative if a family is to get the full benefit +of its income. In both the home and the school the child should be +taught the proper care and utilization of money. He should receive, in +addition, fundamental instruction in such matters as expense- +accounting and budget-making. Of similarly great value is the training +of boys and girls to a proper appreciation of the home-making ideal, +to which subject we shall return later. [Footnote: See Chapter XXIII.] + +It is fortunate that we are directing more and more attention to these +and similar measures, for they strike at the heart of one of the great +causes of poverty--the inability of the individual to make the proper +use of his income. Unless our citizens are trained to spend money +wisely, and to distinguish clearly between the relative values of +services and commodities, an increase in wages will never eliminate +malnutrition, illiteracy, and other elements of poverty. + +179. SUMMARY.--For the sake of clearness, let us summarize the +essential features of the democratic program of industrial reform. + +The first aim of this program is to give every individual precisely +what he earns, no more, no less. Applying the principle of justice +would result in heavy taxes on unearned wealth secured through +inheritance, or as rent from land, or as monopoly profits. + +The second aim of our program arises from the fact that justice might +not improve the condition of the laboring class, since some laborers +manifestly could not earn enough to support themselves and their +families decently. + +In addition to administering justice, therefore, we must put the +individual in a position to earn an amount adequate to his needs. This +involves two lines of action: first, the bargaining position of the +laborer must be strengthened by measures designed to increase the +demand for his labor, relatively to the demand for the other factors +of production; second, increasing the personal efficiency of the +worker will render him more attractive to the employer. + +The third aim of the democratic program of industrial reform is to +teach the individual to use his income wisely and economically. Only +after this has been done can we be assured that the raising of wages +will materially improve the condition of the worker. + +180. SOCIAL PROBLEMS.--There is an important word to be said here. The +democratic program of industrial reform is economically sound, and +ultimately it would eliminate poverty. But it is not an immediate cure +for all of the social and economic ills of American democracy. There +will long continue to be persons whom no amount of care can render +capable of earning enough to support themselves. There are many other +individuals who may ultimately become self-supporting, but who for +some time to come will need special care and attention. There are, +lastly, many other individuals who are partially or entirely self- +supporting,--women and children, for example,--but whose social and +economic interests need to be safeguarded by legislation. The +democratic program of industrial reform could ultimately eliminate +many of the basic social problems now confronting us; meantime we are +under the necessity of grappling with such questions as labor +disputes, the risks of industry, crime, and dependency. Indeed, no +matter how vigorously and intelligently we attack the defects of +capitalism, it is probable that we shall always have to face grave +social problems. Part III of the text will accordingly be devoted to a +consideration of American social problems. + + +QUESTIONS ON THE TEXT + +1. Why is there no simple remedy for the defects of capitalism? + +2. What are the three aims of the program advanced in this chapter? + +3. What is the nature of justice? + +4. In what sense is an unfair distribution of wealth a double +injustice? + +5. Under what conditions would the raising of wages tend to result in +national bankruptcy? + +6. What are the three chief methods of redistributing unearned wealth? + +7. Why does the elimination of poverty demand something more than +justice? + +8. What is the fundamental cause of low wages? Explain clearly. + +9. What is an economical remedy for low wages? + +10. Why will higher wages result from an increase in the demand for +labor? + +11. By what three methods may the demand for labor be increased? + +12. Name some of the methods whereby the supply of labor may be +decreased. + +13. What is the importance of personal efficiency in our program? + +14. What is the relation of wages to poverty? + +15. What is the importance of an economical utilization of income? + +16. Summarize the argument in this chapter. + +17. Why is the program outlined not an immediate panacea for all +social and economic ills? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xvii. Or all +of the following: + +2. Carver, _Elementary Economics_, chapters xiv, xxix, xxxi, and +xivii. + +3. Carver, _Essays in Social Justice_, chapter i. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Why does the need for justice arise? (_Essays_, page 3.) + +2. What is the first duty of the state? (_Essays_, page 9.) + +3. What is moral law? (_Essays_, page 23.) + +4. What is the relation of meekness to national strength? (_Essays_, +pages 33-34.) + +5. What is meant by a "balanced nation"? (_Elementary Economics_, +pages 118-119.) + +6. What is the aim of balancing a population? (_Elementary Economics_, +page 119.) + +7. Name an important method of securing this balance. (_Elementary +Economics_, pages 119-120.) + +8. What classes of the population multiply the least rapidly? Why is +this undesirable? (_Elementary Economics_, page 120.) + +9. What is the object of the "geographical redistribution of +population"? (_Elementary Economics_, page 120.) + +10. Explain the working of the "law of variable proportions" in +industry. (_Elementary Economics_, pages 258-260.) + +11. Why are there differences of wages in different occupations? +(_Elementary Economics_, page 268.) + +12. What is the "law of population"? (_Elementary Economics_, page +273.) + +13. What is the effect of immigration upon wages? (_Elementary +Economics_, pages 273-274.) + +14. What are the two ways of getting men to do what is necessary for +the prosperity of the nation? Of these two ways, which is preferable? +(_Elementary Economics_, pages 387-388.) + +15. What are the dangers of freedom? (_Elementary Economics_, pages +389-390.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a study of the occupational groups in your locality for the +purpose of discovering which of these groups receive the lowest wages. +Can you connect the fact that they receive low wages with their +numerical strength? + +2. Is the supply of unskilled labor in your community affected by +European immigration? If so, attempt to trace the relation of this +immigration to low wages in your community. + +3. What classes of workmen receive the highest wages in your locality? +What is the relation of these high wages to the restricted number of +this type of workman? + +4. Study the methods by means of which land in your locality is +utilized. In what ways, if in any, could various plots be made to +employ more laborers? + +5. By what means could the supply of capital in your locality be +increased? In what ways might this increased supply of capital be +utilized? To what extent would the utilization of this increased +supply of capital justify the employment of additional laborers? + +6. Do you believe that your community needs more entrepreneurs? What +reason have you for believing that a training school for the technical +professions would increase the productivity of your community? + +7. Write to the Bureau of Education in your state for data relative to +the status of vocational education in your commonwealth. + +8. Interview one or more officials of a bank in your community for the +purpose of learning of the ways in which banks encourage thrift. + +9. Write to the Bureau of Labor Statistics in your state for +information relative to the status of public employment bureaus in +your commonwealth. + + +II + +10. Causes of inequality. (Taussig, _Principles of Economics_, vol. +ii, chapter liv.) + +11. The Malthusian doctrine. (Malthus' _Essay on Population_. If this +essay is not available, consult an encyclopedia under "Malthus.") + +12. The principle of self-interest. (Carver, _Essays in Social +Justice_, chapter iii.) + +13. How much is a man worth? (Carver, _Essays in Social Justice_, +chapter vii.) + +14. Causes of the scarcity of labor. (Carver, _Elementary Economics_, +pages 269-271.) + +15. The importance of consumption. (Carver, _Elementary Economics_, +chapters xxxviii and xxxix.) + +16. Importance of thrift. (_Annals_, vol. lxxxvii, pages 4-8.) + +17. Luxury. (Carver, _Elementary Economics_, chapter xl.) + +18. Choosing a vocation. (Parsons, _Choosing a Vocation_.) + + + + +PART III--AMERICAN SOCIAL PROBLEMS + + +CHAPTER XVIII + +INDUSTRIAL RELATIONS + + +181. LABOR AND CAPITAL.--Strictly speaking, five distinct factors are +involved in production: land, labor, capital, coördination, and +government. As a matter of fact, we are accustomed to speak of the +immediate conduct of industry as involving only two factors: labor and +capital. Used in this sense, the term labor refers to the masses of +hired workmen, while the term capital is held to include not only the +individual who has money to invest, _i.e._ the capitalist proper, but +also the entrepreneur, or managing employer. + +Labor and capital coöperate actively in production, while the other +factors remain somewhat in the background. As we have seen, both labor +and capital are essential to industry, and fundamentally their +interests are reciprocal. But in spite of this basic harmony, there +are many points of difference and antagonism between labor and +capital. This chapter discusses the more important of these +disagreements, and outlines some suggested methods of reducing or +eliminating them. + +182. THE FACTORY SYSTEM AND THE LABORER.--Wherever it has penetrated, +the Industrial Revolution has concentrated large numbers of landless +laborers in industrial establishments controlled by relatively few +employers. Very early in the development of the factory system, the +laborer saw that he was at a relative disadvantage in bargaining with +employers. Not only does the average laborer lack funds to tide him +over a long period of unemployment, but the fact that his labor is +generally his sole reliance obliges him to secure work at all hazards. +The anxiety and discontent of laborers have been increased by the +realization that the factory system affords little opportunity for the +average workman to rise to the position of an employer. Most laborers +are unable to secure either the training or the capital necessary to +set themselves up as independent business men. + +183. RISE OF LABOR ORGANIZATIONS.--The risks and limitations which the +factory system imposes upon the laboring classes have encouraged +workmen to organize for the purpose of promoting their mutual +interests. The individual gains, it has been found, when his interests +are supported by a group of workmen acting as a unit, and bringing +their united pressure to bear upon the employer. The labor +organization has been the result of this discovery. A labor +organization may be defined as a more or less permanent and continuous +association of wage earners, entered into for the purpose of improving +the conditions of their employment. + +The first labor organizations in the United States were formed early +in the nineteenth century, but it was not until about 1850 that the +trade union assumed national importance. After 1850, however, and +particularly after the Civil War, the trade union grew rapidly. In +1881 a number of national trade unions combined to form the American +Federation of Labor. This body, while exercising no real authority +over the trade unions comprising it, is nevertheless an important +agency in coördinating trade union policies throughout the country. It +is important, also, as a means of formulating and expressing the aims +and ideals of the working classes. The Federation had a membership of +2,604,701 in 1914, and in 1920 included more than 4,500,000 members. +With the exception of the railroad brotherhoods, nearly all of the +important trade unions in the country are affiliated with the American +Federation of Labor. + +184. RISE OF EMPLOYERS' ASSOCIATIONS.--The growing power of the trade +union after 1850 stimulated the growth of employers' associations. In +1886 the first national employers' association was organized under the +name of the Stove Founders' National Defence Association. Later there +was formed a number of other important associations, including the +National Association of Manufacturers, the National Council for +Industrial Defence, and the American Anti-Boycott Association. + +The primary purpose of the employers' association is the protection of +the employers' interests against trade union aggression. Some of the +associations are frankly hostile to the trade union movement, while +others take the stand that the organization of laborers is undesirable +only if the power of the trade union is abused. The promotion of +friendly relations between labor and capital is increasingly an +important concern of the employers' association. + +185. WHAT THE TRADE UNION WANTS.--One of the basic aims of the trade +union is either to raise wages or to prevent their reduction. Because +of the constant shiftings of supply and demand, the prices of +commodities are rarely stationary for very long. Over any extended +period of time prices are either rising or falling. During a period of +rising prices the workmen are at a relative disadvantage, [Footnote: +Rising prices affect all who purchase commodities, of course, but here +we are intent upon the position of the laborer only.] because they +have to pay for commodities higher prices than they had anticipated +when they contracted to work for a definite wage. In such a case, the +union attempts to secure higher wages for its members. When, on the +other hand, prices are falling, the workmen gain, because they do not +have to pay as high prices as they had anticipated. In this latter +case, the laborers attempt to maintain their advantage by opposing any +reduction in wages. + +The desire of the trade unions to improve the general condition of the +working classes has steadily widened the program of organized labor. +Shorter hours and better conditions of work are important trade union +demands. Unions quite generally approve the principle of a minimum +wage, [Footnote: The principle of the minimum wage is discussed in the +next chapter, Sections 205-207.] at least for women and child workers. +Formerly, and to some extent even now, the unions have opposed the +introduction of labor-saving machinery on the grounds that it +displaces workmen and hence causes unemployment. Union members +generally prefer to be paid by the hour or by the day, rather than so +much per unit of product. The reason given for the preference is that +strain and undue fatigue often result from _piece-work,_ as the system +of pay on the basis of units of product is called. Trade unions +universally demand that employers recognize the principle of +collective bargaining, by which is meant the privilege of workmen +dealing with the employer collectively or through the union. Very +often, also, the unions demand the closed shop, that is to say, a shop +from which all non-union employees are excluded. + +186. WHAT THE EMPLOYER WANTS.--Price movements likewise affect the +employer. But whereas the laborer is at a relative disadvantage when +prices are rising, the employer tends to gain, for the reason that he +secures for his product higher prices than he had expected. [Footnote: +In a period of rising prices, the employer's costs also tend to rise, +but generally not so rapidly as do prices.] Suppose, for example that +a shoe manufacturer can make a profit if a pair of shoes sells for +$4.00. If later the price rises to $5.00 and his expenses remain +stationary or very nearly so, he reaps an unusually large profit. And +whereas in a period of falling prices the laborer tends to gain, the +employer often loses heavily, for the reason that he must sell at a +relatively low price goods produced at a relatively high cost. If, in +the case given above, the price of the pair of shoes falls from $4.00 +to $3.00, while the expenses of the manufacturer remain stationary, or +very nearly so, he may make little or no profit. Thus while prices are +rising the employer attempts to maintain his advantage by resisting an +increase in wages, while in a period of falling prices he seeks to cut +down his expenses by reducing wages. In either case the immediate +interests of workmen and employer are antagonistic. + +Just as the growing complexity of the industrial situation has +enlarged the trade union program, so the aims of employers have +steadily increased in number and in importance. On the grounds that it +restricts the fullest utilization of his plant, the employer very +often objects to a shortening of the working day, even where there is +a corresponding decrease in the day-wage. Some employers are unwilling +to provide sanitary workshops for their employees, or otherwise to +improve the conditions of employment. The employer generally objects +to the minimum wage, as constituting an interference with his "right" +to offer workmen what wages he chooses. Collective bargaining is +accepted by many employers, but many others insist upon the right to +hire and discharge men as they see fit, without being forced to +consider the wishes of the union. Employers often oppose the closed +shop, and insist upon the open shop, an open shop being defined as one +in which workmen are employed without regard to whether or not they +are members of a union. + +187. METHODS OF INDUSTRIAL WARFARE.--Both capital and labor back up +their demands by a powerful organization using a variety of weapons. +The trade union generally attempts to enforce its demands by threat +of, or use of, the _strike_. A strike is a concerted stoppage of work +initiated by the workmen as a group. Sometimes accompanying the strike +is the _boycott_, which may be defined as a concerted avoidance of +business relations with one or more employers, or with those who +sympathize with those employers. The strike is generally accompanied +by the practice of _picketing_, by which is meant the posting of union +agents whose duty it is to attempt to persuade non-union workmen not +to fill the places of the striking workmen. Pickets may also attempt +to persuade customers not to patronize the employer against whom a +strike has been launched. Sometimes picketing leads to _intimidation +and violence_ on the part of either strikers or representatives of the +employers. + +In turn, the employer may employ a variety of weapons against workmen +with whom he cannot agree. An employer may make use of the _lockout_, +that is, he may refuse to allow his labor force to continue at work. +Many employers also use the _blacklist_, _i.e._ the circulation of +information among employers for the purpose of forewarning one another +against the employment of certain designated workmen. The employer may +also attempt to end a strike by persuading non-union men to fill the +places vacated by the strikers. Such men as accept are known as +_strike-breakers_. On the plea that the strike may result in the +destruction of his property, the employer may resort to the +_injunction_. This is an order secured from a court, and restraining +certain laborers in the employer's interest. + +188. THE COST OF INDUSTRIAL WARFARE.--The struggles of labor against +capital constitute a species of warfare which involves the general +public. Regardless of whether a particular dispute ends in favor of +the laborers or the employer, every strike, lockout, or other +interference with industrial coöperation lessens the amount of +consumable goods in existence. Thus aside from the fact that +industrial warfare encourages class antagonisms, it is an important +cause of the relative scarcity of goods, and the resulting tendency of +prices to rise. Often great injury results from a dispute which +originally was of small proportions. In 1902, for example, the +anthracite coal strike cost the country more than $100,000,000, though +the strike had been initiated because of a local dispute over +recognition of the union. In 1919, when we were suffering from a +general scarcity of goods, there occurred in this country more than +three thousand strikes, involving a loss of more than $2,000,000,000 +in decreased production. + +189. NECESSITY OF INDUSTRIAL PEACE.--Industrial warfare very often +results in the correction of abuses, but in many cases it seems to +bring little or no benefit to either labor or capital. In any case, it +is a costly method, and one which constitutes a menace to the peace of +the community. American democracy demands that in the settlement of +disputes between labor and capital, industrial warfare be replaced by +some method less costly, less violent, and more in harmony with the +principles of justice and civilized behavior. Responsibility for the +present extent of industrial warfare cannot definitely be placed upon +either capital or labor, but at least both sides should be obliged to +recognize that the public is a third party to every industrial +dispute. We should insist upon fair play for both capital and labor, +but we should likewise insist that the interests of the public be +safeguarded. + +190. SOME METHODS OF INDUSTRIAL PEACE.--As has already been pointed +out, profit sharing is not of great importance in lessening industrial +unrest. Various systems of bonuses and pensions have temporarily +improved the position of some groups of workmen, but experience has +proven both bonuses and pensions to be limited in scope. Employers are +often unwilling to adopt such devices as these, while the laborers +frequently regard them as paternalistic measures which at best are a +poor substitute for the higher wages to which they consider themselves +entitled. Existing evils are often lessened by welfare work, which +includes such measures as the establishment of schools, libraries, and +playgrounds for the laborers. But in many cases welfare work is +initiated by the employer for the purpose of diverting the attention +of the workmen from their fundamental grievances, and for this reason +it is often opposed by the workmen. All of the measures enumerated in +this section are of more or less value, but as methods of combating +industrial warfare, they have proved to be palliative, rather than +remedial or preventive. + +191. THE TRADE AGREEMENT.--In some industries there is a growing +tendency for employers not only to recognize the union, but also to +make a collective contract, or trade agreement, with the unionized +workmen. The trade agreement may lead to the formation of councils in +which representatives of both workmen and employer attempt to reach a +friendly agreement upon disputed matters. The trade agreement has been +particularly successful in many industries in England. In this country +it is best known in the soft coal mining industry in eastern United +States, and in the needle trades of New York City. On the whole, the +trade agreement has not been markedly successful in the United States. +Although it smoothes out minor differences, the unions still prefer to +back their more important demands by use of the strike. + +192. VOLUNTARY ARBITRATION.--Since 1898 the several states have been +giving an increasing amount of attention to the creation of boards of +industrial conciliation, mediation, and arbitration. [Footnote: The +words conciliation, mediation, and arbitration are variously used, but +the following distinction may be of use. Mediation is an attempt to +get the disputants to come together for the purpose of discussing +their grievances. Conciliation is aid extended to the disputants in +the actual settlement of the dispute. Arbitration implies that a third +party settles the dispute and renders a decision.] Most states now +have some provision for a board whose duty it is to attempt to +eliminate industrial warfare. The powers and duties of these boards +vary from state to state. In some states the board may investigate +labor disputes on its own initiative, but it is not obliged to make an +investigation. In other states the investigation of industrial +disputes is compulsory. + +Boards of the type discussed in this section have no power to _compel_ +the disputants to arbitrate their troubles, though they may _persuade_ +the parties involved to resort to arbitration. When the disputants +agree to allow the state board to arbitrate the dispute, and when also +they previously promise to abide by the decision of the board, the +award of the state board is binding upon both sides. When the parties +to the dispute have not previously agreed to abide by the award, the +board cannot force an acceptance of its decision, but can only rely +upon public sentiment to help effect a just settlement. + +193. COMPULSORY ARBITRATION IN NEW ZEALAND AND AUSTRALIA.--The +frequent refusal of labor and capital willingly to submit their +differences to arbitration has led to the development of the principle +of compulsory arbitration. + +In New Zealand, compulsory arbitration was adopted as early as 1894. +In that country the arbitrating body is known as the court of +arbitration, the decisions of which are absolute and binding. At the +discretion of the court, the awards handed down may be extended to +embrace other employees or employers in the same trade, or in the same +locality, or in the whole country. Violations of the award, either by +labor or by capital, are punishable by heavy fines. An even more +drastic form of compulsory arbitration has been adopted in Australia. + +Due to the influence of many complicating factors, the status of +compulsory arbitration in these two countries is uncertain. Many +students of the question maintain that this form of arbitration has +materially reduced industrial warfare; on the other hand, other +authorities declare that compulsory arbitration in New Zealand and +Australia has not markedly improved industrial relations. + +194. COMPULSORY ARBITRATION IN THE UNITED STATES.--Although the +principle of compulsory arbitration has been familiar to American +students of labor problems for more than a quarter of a century, there +is as yet very little sentiment in favor of its application to +industrial disputes in this country. The explanation of this is not +far to seek. Individualism is so strong in the United States that +compulsory arbitration is regarded by many Americans as an unwarranted +interference in private business. It is still generally true that both +labor and capital prefer to settle their disputes in open struggle. +Equally important, perhaps, is the feeling that compulsory arbitration +laws would nullify the constitutional guarantee that no citizen shall +be deprived of life, liberty, or property without due process of law. +[Footnote: For an explanation of this point, see Chapter XIX, Section +214.] + +However, a definite step toward compulsory arbitration was taken when +in 1920 the State of Kansas established a Court of Industrial +Relations "for the purpose of preserving the public peace, protecting +the public health, preventing industrial strife, disorder, and waste, +and securing regular and orderly conduct of the businesses directly +affecting the living conditions of the people." The law of 1920 +declared illegal the suspension of work in those industries which are +designated as essential and necessary to the community life. +Industrial disputes arising in such industries are subject to +compulsory arbitration by the court. The merits of this court are +still being debated. Some authorities declare that the court has +already demonstrated its value, but other observers claim that so far +this tribunal has not operated to reduce labor troubles in Kansas. + +195. STATUS OF THE DEMANDS OF LABOR.--For a number of years the +attitude of labor has been clearly aggressive, while the attitude of +capital has tended to be one of resistance. In view of this fact, the +simplest way of considering the merits of the industrial situation is +to examine the demands of labor. The justice of these demands cannot +be gone into here, but a few words of general application may be +helpful. + +The proper determination of wages depends, of course, upon the +particular circumstances. No general rule can be laid down, except the +very obvious one that wages cannot permanently go so high as to wipe +out profits in an industry, nor yet so low as to render it impossible +for the workmen to secure a decent living. + +The steady improvement of living and working conditions is desirable, +and is a challenge to any progressive society. + +Shorter work hours are desirable, wherever the cutting down of the +working day does not too greatly hamper production. Many economists +feel that an eight-hour day will prove a social gain only if +introduced gradually. They believe that it should be introduced in +proportion as the industrial productivity of the country increases to +compensate for the shortening of the working day. + +Opposition to the introduction of labor-saving machinery is both +useless and short-sighted. The officials of most unions now advise +workmen not to oppose the adoption of machinery, but rather to fit +themselves to operate the machines. + +The question of a closed shop or an open shop is largely a matter of +opinion. The problem will probably continue to be disputed for a long +time to come. Many students of labor conditions feel that the closed +shop is justifiable only when accompanied by the open union. By an +open union is meant a union into which all laborers competent to do +the work are admitted freely. Where the open union principle is +adopted, Professor Taussig points out, the closed shop is no longer a +monopolistic device to shut out competition and raise wages for a +small group. It becomes, instead, a means of promoting mutual aid and +collective bargaining. + +Many employers still refuse to recognize the principle of collective +bargaining, but from the social point of view collective bargaining is +desirable. In many cases it so strengthens the position of the +laborers that they are able to compete with the employer more nearly +on terms of equality. Under such conditions competition in the labor +market is in a healthy state. The difficulty is, of course, that some +unions may take advantage of their strengthened position to enforce +unduly severe conditions upon the employer. + +196. THE OUTLOOK.--Although it is probable that industrial +disagreements will long endure, we have a right to expect that +continued progress will be made in settling these disputes peaceably. +By many it is believed that compulsory arbitration is the most +effective method of securing industrial peace, but for reasons already +given, the extension of this form of arbitration will probably be slow +in this country. English experience would indicate that we have not +yet exhausted the possibilities of the trade agreement, but though +this device is becoming better known in the United States, both the +American laborer and the American employer are still disposed to +settle their differences by means of the strike, the lockout, and +similar weapons. + +The present century is an age of industrial stress and change, and it +is possible that the ultimate solution of the disputes between labor +and capital has not yet been advanced. From the data now at hand, +however, it is maintained by many that labor disputes must ultimately +be eradicated through the development of industrial democracy. +Industrial democracy implies the joint direction of industrial +policies by employer and employees, working together harmoniously and +in the spirit of equality. When industrial democracy is attained, +according to this view, mutual trust and the spirit of friendly +coöperation will enable labor and capital to adjust their differences +peaceably and economically, without dictation from any outside source. + + +QUESTIONS ON THE TEXT + +1. Why are we accustomed to speak of labor and capital as the two +chief factors in production? + +2. Why have labor organizations arisen? + +3. Name some employers' associations. + +4. Contrast the aims of the union with the aims of the employers' +association. + +5. Discuss the methods of industrial warfare. + +6. Why is industrial warfare undesirable? + +7. What is the attitude of American democracy toward industrial +warfare? + +8. Name some minor methods of industrial peace. + +9. Discuss the character of the trade agreement. + +10. Distinguish between conciliation, mediation, and arbitration. + +11. Discuss compulsory arbitration in New Zealand and Australia. + +12. What is the significance of the Kansas Court of Industrial +Relations? + +13. What is the outlook for industrial peace in this country? + +14. Define industrial democracy. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xviii. + +Or all of the following: + +2. Bullock, _Elements of Economics_, chapter xiii. + +3. Carlton, _History and Problems of Organized Labor_, chapter v. + +4. Ely, _Outlines of Economics_, chapter xxii. + +5. Fetter, _Modern Economic Problems_, chapter xx. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What are the three types of labor organizations? (Fetter, page +299.) + +2. Who were the Knights of Labor? (Bullock, page 316.) + +3. What is the economic justification of the trade union? (Ely, pages +445-446.) + +4. Outline the history of the American Federation of Labor. (Carlton, +pages 74-82.) + +5. What are some of the secondary functions of the trade union? +(Fetter, pages 298-299.) + +6. Among what groups of workers is the trade union strong? Among what +groups is it weak? (Fetter, page 300.) + +7. What effect has unionism had upon wages? (Fetter, pages 306-307.) + +8. What is meant by limitation of output? (Ely, pages 449-450.) + +9. What is a standard wage? (Bullock, pages 320-321.) + +10. What is the legal status of the strike? (Bullock, pages 328-329.) + +11. What is scientific management? (Bullock, pages 339-340.) + +12. What will probably be the future development of the trade union? +(Ely, pages 468-469.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Origin and growth of the trade union movement in your section. + +2. Select some one trade union for study. Obtain information on the +following points, either by means of literature issued by the union, +or by personal interview with union officials: + +(a) Aims of the union. + +(b) Insurance benefits. + +(c) Political activities of the union. + +(d) Strike procedure. + +(e) Attitude toward arbitration. + +3. Select for study an employers' association in your locality. Obtain +information on the following points. (If no association is available, +consult a friendly employer): + +(a) Attitude of the employer toward the trade union movement. + +(b) Attitude toward the closed shop. + +(c) What the employer does when a strike is launched against him. + +(d) Use of the injunction. + +(e) Attitude of the employer toward arbitration. + +4. If possible, investigate an actual strike and report upon it. + +5. The laws of your state with regard to mediation, conciliation, and +arbitration. Do you think further legislation on this subject is +advisable? + + +II + +6. History of the trade union movement in the United States. (Consult +any available text on labor problems. See also Carlton, _Organized +Labor in American History_.) + +7. The Knights of Labor. (Any standard text on labor problems, or an +encyclopedia.) + +8. Trade union policies. (_Bullock, Selected Readings in Economics_, +pages 589-613.) + +9. Program of the American Federation of Labor. (Any standard text on +labor problems, or an encyclopedia.) + +10. The theory of price changes. (Taussig, _Principles of Economics_, +vol. i, chapter xxii.) + +11. The problem of adjusting wages to prices. (Bloomfield, _Selected +Articles on Problems of Labor_, pages 56-75.) + +12. Reducing the labor turnover. (_Annals_, vol. ixxi, pages 1-81.) + +13. Scientific management. (Any standard text on labor problems. See +also Hoxie, _Scientific Management and Labor_.) + +14. Incorporation of the trade union. (Bloomfield, _Selected Articles +on Problems of Labor_, pages 262-267. Commons, _Trade Unionism and +Labor Problems_, chapter vi.) + +15. Employers' associations. (Any standard text on labor problems.) + +16. Principles of industrial relations, as formulated by the Chamber +of Commerce of the United States of America. (Write to the Chamber's +headquarters, Washington, D. C., for copies. Also reprinted in Edie, +_Current Social and Industrial Forces_, pages 346-381.) + + +FOR CLASSROOM DISCUSSION + +17. Closed shop versus open shop. + +18. Should trade unions be obliged to incorporate? + +19. To what extent does compulsory arbitration constitute an +unwarranted interference in private business? + +20. The shortening of the working day. + +21. Effect of the World War upon relations between labor and capital. + + + + +CHAPTER XIX + +HEALTH IN INDUSTRY + + +197. INDUSTRY AND HEALTH.--Wherever the Industrial Revolution has +progressed beyond the initial stages, there has been an enormous +increase in wealth and prosperity. At the same time, serious evils +have accompanied the transition from a relatively simple agricultural +stage to a stage dominated by the factory system. The tendency toward +overcrowding in rapidly growing cities, the difficulties of +maintaining a normal family life where mother or children are employed +in factories, and the danger of overstrain, accident and disease in +industrial pursuits, all these factors render very important the +problem of health in industry. + +Though health in industry is only one phase of the general problem of +health, it will be impossible here to exhaust even that one phase. We +shall accordingly confine ourselves to the discussion of three +questions: first, child labor; second, the employment of women in +industrial pursuits; and third, the insurance of our industrial +population against accident, sickness, old age and unemployment. + +198. CHILD LABOR: EXTENT AND CAUSES.--There are in this country more +than two million children between the ages of ten and fifteen, engaged +in gainful occupations. In all sections of the country large numbers +of children are found in agriculture, this industry generally being +beyond the scope of child labor laws. The employment of children in +factories, mines, quarries, mills, and shops, on the other hand, is +now considerably restricted by law. This is true of all parts of the +country. However, child labor is still of wide extent in the United +States, due to the large number of children found in agriculture, +domestic service, street trades, stores, messenger service, and +tenement homework. + +Of the immediate causes of child labor one of the most important is +the poverty of the parents. Where the parents are themselves day +laborers, it is often considered necessary or desirable to increase +the family earnings by putting the children to work. + +From the standpoint of the employer child labor is rendered possible +and even desirable by the development of types of work easily +performed by small children. In many cases the tendency of parents to +put young children to work is encouraged by the lax administration of +school attendance laws. This tendency has also been encouraged by the +indifference of the public to the evil effects of child labor. + +199. EFFECTS OF CHILD LABOR.--Students of the problem of child labor +unanimously condemn the practice of habitually employing young +children outside the home. Where poorly paid children compete with men +and women, they serve either to displace adults, or, by competition, +to lower the wages of adults. + +The effects upon the children themselves are injurious. Stunted, +crippled, and diseased bodies are the result of steady work at too +tender an age. Schooling is interrupted, so that child workers +generally develop into illiterate and inefficient adults. When +children are forced into gainful occupations at an early age, the +family life is disrupted, and proper home training is difficult, if +not impossible. Still another factor is the greater temptation to vice +and crime confronting the child outside the home. + +200. CHILD LABOR LAWS.--Since 1870 the growing acuteness of the child +labor problem, together with an aroused public opinion, has served to +increase the number of laws restricting child labor. At the present +time, forty-five states forbid the employment in certain industries of +children under fourteen years of age. + +A Federal child labor law was passed in 1916, but two years later the +measure was declared unconstitutional by the Supreme Court. [Footnote: +For an explanation of this point, see Section 214 of this chapter.] In +1919 a new Federal law was enacted. In order to avoid the charge of +unconstitutionality, this measure attacks child labor _indirectly_. +The law levies an excise tax of ten per cent on the entire net profits +received from the sale of all the products of any mine, quarry, mill, +cannery, workshop, factory, or manufacturing establishment, which +employs children contrary to certain age and hour specifications. The +effect of this ten per cent tax is so to reduce the profits of the +employers affected, as virtually to prohibit child labor. By this +means the act prohibits child labor in several important groups of +industrial establishments. + +The difficulty with the law is that it touches only about fifteen per +cent of our two million child workers. It does not affect, for +example, the large number of children employed in agriculture, +domestic service, street trades, stores and restaurants, messenger +service, and tenement homework. + +201. MINIMUM PROVISIONS OF A GOOD CHILD LABOR LAW.--The passage of +more comprehensive child labor laws is being advocated by a number of +social agencies, notably by the National Child Labor Committee. The +minimum provisions of a good child labor law have been set forth by +the committee somewhat as follows: + +As a general proposition, no child should be regularly employed in a +gainful occupation who is under sixteen years of age. There should be +an even higher age limit for child workers in quarries, mines, and +other dangerous places. Children should not work more than eight hours +a day. Nor should they be allowed to engage in night work until they +have reached the age of, say, twenty years. All child applicants for +industrial positions should first be required to pass educational +tests and a physical examination. A good child labor law should +provide for a corps of factory inspectors, as well as for other means +of securing the efficient administration of the law. Lastly, it is +important that there be close coöperation between employers and the +school authorities in the matter of child labor. + +202. INCREASED NUMBER OF WOMEN IN INDUSTRY.--There have always been +women in industry, but of recent years the proportion of women so +engaged has increased so rapidly as to create a serious social +problem. From needlework, domestic service, and teaching, women have +spread rapidly into trade, commerce, and the professions. A few years +ago transportation and police work were monopolized by men, but to-day +women are entering these fields rapidly. Though they outnumber men +only in domestic and personal service, women are numerous in +practically every important calling except plumbing and street +cleaning. Altogether more than 8,000,000 women are engaged in gainful +occupations in the United States. + +203. WHY WOMEN RECEIVE LOWER WAGES THAN MEN.--Women generally receive +lower wages than men. One reason for this is the physical weakness of +women, which renders them less desirable in many types of work. Social +conventions, home attachments, and, often, the lack of the venturesome +spirit, combine to keep women from moving about in search of improved +working conditions to the same extent as men. The expectation of +marriage causes many young women to neglect to increase their +efficiency, and this at least prevents their wages from increasing as +rapidly as those of young men who undergo consistent training. The +trade union is still little developed among women workers, a factor +which often prevents higher wages from being secured. Low wages are +often traceable to the fact that there is an over supply of girls and +women in the labor market. Large numbers of girls and women are +partially supported at home, and are able and willing to work for +"pin-money" only. Many employers take advantage of this fact to offer +very low wages. + +204. LEGISLATION REGULATING THE LABOR OF WOMEN.--Although it would +seem desirable to keep young children out of industry altogether, +there is a general agreement among students of the problem that the +labor of women ought to be further regulated rather than actually +prohibited. A number of states have already enacted laws designed to +safeguard women in industry. In some states the number of working +hours for women has been cut from eleven to nine, while in other +states the maximum number of hours during which women may work is +eight. Some states prohibit night work for women in industrial +establishments. The great majority of the states now provide for +proper rest periods, guarded machinery, the ventilation of workrooms, +and, where practicable, seats for women employees. To the extent that +women actually do the same amount and quality of work as men, there is +a growing feeling that men and women ought to receive equal pay. + +205. THE MINIMUM WAGE.--A minimum wage law is one which specifies that +in certain occupations laborers may not be paid less than a stipulated +wage. The aim of the minimum wage is to protect the laborer against +employment which, under freely competitive conditions, does not pay +wages high enough to guarantee a decent living. + +The first minimum wage law in the United States was passed by +Massachusetts in 1912. The movement grew rapidly, and by 1921 more +than a dozen additional states had adopted minimum wage laws. In some +states the law applies only to specified industries; in others it +covers all occupations. In some states the law covers only the +employment of women, but in most cases the principle of the minimum +wage applies to women and minors under eighteen, or even twenty-one +years of age. In some foreign countries the minimum wage is also +extended to the labor of men, but in the United States men are +everywhere exempted from the operation of such laws. + +206. ARGUMENTS IN FAVOR OF THE MINIMUM WAGE.--The champions of the +principle of the minimum wage advance a number of arguments in its +favor. It is contended that no industry is socially desirable if it +cannot pay a living wage, for when wages fall below a certain minimum, +poverty, ill-health, and vice are natural results. When laborers are +themselves unable to improve their economic position, it is said, it +becomes the duty of the state to guarantee them a living wage. Another +argument in favor of the minimum wage is that it not only eliminates +considerable poverty, but it makes possible a healthier and more +contented labor force. It is claimed that strikes and social unrest +are partially eliminated by the minimum wage. + +207. ARGUMENTS AGAINST THE MINIMUM WAGE.--In spite of the rapid spread +of minimum wage legislation in this country, the principle has met +with considerable opposition. It is claimed by some that where poverty +is due to bad personal habits, the mere payment of a higher wage will +not abolish poverty. It is also urged that because of price changes, +and because of differing concepts of a standard of living, it is +difficult to determine what is really a living wage. Some employers +maintain that the minimum wage is contrary to economic law, since it +forces the payment of a wage which the laborer often does not earn. +The compulsory nature of the minimum wage is also opposed on the +grounds that it constitutes an undue interference with individual +rights. [Footnote: Formerly an important argument against the minimum +wage was this: There are large numbers of people who cannot _earn_ the +minimum wage, and because employers will tend not to employ them, such +persons will have to be supported by charity. The force of this +argument is reduced, however, by the fact that most minimum wage laws +now make special provision for the part-time employment of such +persons.] + +208. THE RISKS OF INDUSTRY.--In spite of the fact that most States now +have detailed laws providing for the guarding of machinery and the +supervision of dangerous occupations, a half million persons are +injured or killed annually in industrial employments in the United +States. A considerable amount of ill-health is traceable to working +with drugs and acids. Continued work in dusty mills and shops, as well +as long exposure to the excessively dry or excessively moist +atmosphere required by certain manufacturing processes, also give rise +to "occupational" diseases. Old age frequently brings poverty and +distress, in spite of a life of hard work. Lastly, the laborer runs +the risk of unemployment. + +209. THE PRINCIPLE OF SOCIAL INSURANCE.--As a general rule, laborers +do not voluntarily insure themselves against illness, unemployment, +accident, or old age. This is partly because they lack the necessary +funds, and partly because they lack the foresight necessary for such +action. If, therefore, the risks of industry are adequately to be +insured against, the initiative must be taken by some one other than +the laborer. As a result of this situation, there has developed the +principle of social insurance. Social insurance, as distinguished from +insurance by trade unions or private agencies, is compulsory, and is +administered, or at least supervised, by the state or Federal +authorities. + +From the standpoint of the community, social insurance may be +justified on four grounds. First, the risks of industry are largely +beyond the control of the individual workman, and hence he ought not +to be held wholly responsible for the penalties which industry may +inflict upon him. Second, the community gets the benefit of the +laborer's efforts, and thus ought to feel morally obligated to +safeguard his employment. Third, an injury to the laborer restricts +the productivity of the community by crippling or removing one of its +productive agents. Fourth, compulsory insurance is a social necessity, +for where nothing has been laid aside for a rainy day, the +interruption of earnings subjects the laborer and his family to +hardship and disaster. Wisely administered social insurance prevents a +great deal of poverty and distress which would otherwise constitute an +added burden upon charitable organizations. + +210. INSURANCE AGAINST ACCIDENT.--Accident insurance has been a +feature of social insurance programs in Germany, France, and Great +Britain for almost a half century, but in this country it was not +until 1910 that compulsory insurance against industrial accidents +began to be effective. Since 1910, however, the movement has grown +rapidly, and at the present time the majority of the states provide +for compensation to workmen for accidents sustained in connection with +their work. Formerly our courts quite generally held that when a +workman could be shown to have suffered an accident because of +"personal negligence," the injured person was not entitled to +compensation. Under the accident insurance laws of most states it is +now held, however, that the personal negligence of the injured workman +does not forfeit his right to receive compensation. + +In most states the cost of accident insurance is borne primarily by +the employer. + +211. INSURANCE AGAINST SICKNESS. [Footnote: Sometimes known as health +insurance.]--Compulsory sickness insurance has been highly developed +in several European countries, but so far we have left insurance of +this type to private effort. The question is attracting considerable +attention in this country, however, and it is believed that this form +of social insurance will soon be provided for by state law. In 1914 +the American Association for Labor Legislation outlined a model +sickness insurance law. Such a law would provide a sickness benefit +for a number of weeks, arrange for medical care, and, in case of +death, pay a funeral benefit. The cost of such insurance would be +divided equally between workmen and employer, while the state would +bear the cost of administering the law. This cost would be +considerable, because illness may be feigned, and hence there would +have to be more careful supervision than in the case of accident +insurance. + +212. INSURANCE AGAINST OLD AGE.--Compulsory insurance against old age +is an important feature of social insurance systems in European +countries, but it is very little known in the United States. We are +familiar with the Federal pensioning of military veterans, and with +local pensions for firemen and policemen, as well as with state and +local pensions for teachers. Such insurance does not, however, touch +the question of aged employees in industrial pursuits. Trade unions +sometimes provide a measure of old age insurance for their members, +but the proportion of workmen affected by this practice is very small. + +In 1920, a beginning toward compulsory old age insurance was made, +when a Federal law provided for compulsory old age insurance for the +civil service employees of the Federal government. The question of +compulsory old age insurance is also being agitated in a number of +states. + +213. SHOULD SOCIAL INSURANCE EXTEND TO UNEMPLOYMENT?--It is contended +by many that to insure workmen against the loss of their jobs would +encourage shiftlessness, and that for this reason the principle of +social insurance ought not to apply to unemployment. + +It is obvious that a considerable share of unemployment is traceable +to personal negligence, and it is probably true that insurance against +unemployment would discourage thrift and foresight on the part of many +workmen. On the other hand, it has been shown statistically that a +large share of unemployment is due to crop failures, market +fluctuations, and other conditions beyond the control of the workmen. +In so far as this is true, there would be a great deal of unemployment +whether it were insured against or not. Because, therefore, some +unemployment is inevitable, and because unemployment is in many cases +beyond the control of the individual, it becomes necessary, or at +least desirable, for the state to insure workmen against this +unavoidable risk. + +Insurance against unemployment has never been tried out in this +country, but it is likely that we shall some day follow the example of +the leading European countries, and include this type of protection in +our general program of social insurance. + +214. OBSTACLES TO LABOR LEGISLATION.--Labor legislation of the type +discussed in this chapter is making rapid headway in the United +States. Nevertheless, it should be noted that in this field we are +behind the more advanced countries of western Europe. The chief +explanation of this relative backwardness is that the extension of +labor legislation in this country has met with considerable +opposition. The reasons for this opposition may be summed up as +follows: + +First, the spirit of individualism is so strong in this country as +effectively to check legislation which appears paternalistic. The weak +position of women and children in industry has somewhat lessened the +force of this argument in the case of laws designed to safeguard these +two groups, but labor legislation in behalf of men is still regarded +suspiciously in many quarters. + +Second, it is difficult to secure uniform laws among the several +states. Labor legislation in this country has been primarily a state +concern, but the attitude of the various states toward social +insurance, the minimum wage, and other types of labor legislation, has +been so divergent that the resulting laws have often been conflicting. +In many cases states fear to enact laws which they believe will hamper +local employers and encourage the migration of capital to states which +are more lenient in this regard. + +Third, an important obstacle to labor legislation in the United States +has been the difficulty of enacting laws which the courts will not +declare unconstitutional. The constitutional provision [Footnote: See +the fifth amendment to the Federal Constitution, Appendix.] that no +one shall be deprived of life, liberty, or property without due +process of law has often been interpreted by the courts in such a way +as to nullify laws designed to safeguard the interests of the working +classes. For example, a law restricting the employment of women might +be declared unconstitutional on the grounds that it interferes with +the "liberty" of women to work as many hours, and for as small a wage, +as they choose. + +Within the last decade, however, the obstacle of constitutionality +appears to have declined in importance. Our Supreme Courts often +reverse their own decisions, as well as negative the decisions of the +lower courts, and it is therefore difficult to ascertain what is truly +the trend of judicial decision. Nevertheless, many authorities believe +that we are on the verge of an era in which the courts will weigh +labor legislation primarily in the light of its social benefit, and +only secondarily with respect to how it squares with the +technicalities of the Constitution. + + +QUESTIONS ON THE TEXT + +1. What three questions are discussed in this chapter? + +2. What is the extent of child labor in the United States? + +3. What are some of the causes of child labor? + +4. What are the chief results of child labor? + +5. Discuss Federal legislation with respect to child labor. + +6. Outline the minimum provisions of a good child labor law. + +7. Why do women generally get lower wages than men? + +8. What is meant by the minimum wage? + +9. What are the chief arguments in favor of the minimum wage? + +10. Give the chief arguments against it. + +11. What is meant by social insurance? + +12. Discuss the four forms of social insurance. Which have been +applied in this country? + +13. What are the three great obstacles to labor legislation in this +country? Which of these appears to you to be the most important? Which +appears to you to be the easiest to overcome? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xix. Or all +of the following: + +2. Burch and Patterson, _American Social Problems_, chapter xiv. + +3. Ely, _Outlines of Economics_, chapter xxviii. + +4. Fetter, _Modern Economic Problems_, chapter xxiii. + +5. Taussig, _Principles of Economics_, Vol. ii, chapter viii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Why is child labor not always the cheapest labor? (Burch and +Patterson, page 172.) + +2. What is the sweat shop system? (Burch and Patterson, page 174.) + +3. What are the chief occupations in which women are found? (Burch and +Patterson, page 175.) + +4. What is meant by the "dangerous trades"? (Burch and Patterson, +pages 176-177.) + +5. What is the extent of railway accidents in this country? (Burch and +Patterson, pages 178-179.) + +6. What are the main causes of irregular earnings? (Taussig, page +323.) + +7. What form of social insurance was first developed in this country? +(Ely, page 588.) + +8. Outline the British Workmen's Compensation Act. (Taussig, page +325.) + +9. What are the main features of the German system of old age +insurance? (Taussig, page 331.) + +10. What difficulties are encountered in insuring workmen against +unemployment? (Taussig, pages 337-340.) + +11. What is the "contributory principle" in social insurance? (Fetter, +pages 363-364.) + +12. What are the chief objections to social insurance? (Ely, pages +593-594.) + + +TOPICS FOR INVESTIGATION AND REPORT + +1. The extent of child labor in your state. + +2. Control of child labor by the laws of your state. + +3. The difficulties of enacting child labor legislation to cover the +employment of children in agriculture. Interview some one familiar +with farming conditions for data on this topic. + +4. Relation of child labor to the administration of the school +attendance laws in your community. + +5. Extent to which women are employed in industrial establishments in +your community or state. + +6. Interview a friendly employer on the relative desirability of men +and women employees. + +7. The status of the minimum wage in your state. + +8. Social insurance in your state. + +9. Interview the officials of a trade union concerning the payment of +sickness insurance by the union. + +10. The emergency treatment of injured workmen in a near-by mill or +factory. Compare this treatment with the treatment outlined in the +references which are appended to Topic 21. + + +II. + +11. Causes of child labor. (Mangold, _Problems of Child Welfare,_ part +iv, chapter i.) + +12. Effects of child labor. (Mangold, _Problems of Child Welfare,_ +part iv, chapter iii.) + +13. Women in industry. (Select some phase of this problem for report. +Consult Butler, _Women and the Trades;_ MacLean, _Women _Workers and +Society_; Kelley, _Some Ethical Gains through Legislation; Annals,_ +vol. lxv; Abbot, _Women in Industry,_ and similar works.) + +14. Relation of home conditions to industrial efficiency. (_Annals,_ +vol. lxv, pages 277-288.) + +15. Industrial efficiency of women compared with that of men. (Lee, +_The Human Machine and Industrial Efficiency,_ chapter x.) + +16. Housing the unskilled worker. (Wood, The _Housing of the Unskilled +Wage-earner._) + +17. Work of the National Housing Association. (Write to the +association office in Washington, D. C., for descriptive literature.) + +18. Summary of Irving Fisher's report on national vitality. (_Bulletin +of the Committee of One Hundred on National Health,_ etc., prepared +for the National Conservation Commission, by Irving Fisher, +Washington, 1909.) + +19. Preventable diseases. (Hutchinson, _Preventable Diseases._) + +20. Occupational diseases. (Oliver, _Diseases of Occupation._) + +21. How to act in case of an accident. (Gulick, _Emergencies; Tolman, +Hygiene for the Worker,_ chapter xvi.) + +22. The right to leisure time. (Kelley, _Some Ethical Gains through +Legislation,_ chapters in and iv.) + +23. Legal status of workmen's compensation. (_Annals_, vol. xxxviii, +No. i, pages 117-168.) + +24. Health insurance. (Rubinow, _Standards of Health Insurance_, +chapters iii and iv.) + +25. The police power. (Guitteau, _Government and Politics in the +United States_, chapter xii.) + + +FOR CLASSROOM DISCUSSION + +26. The minimum wage for men. + +27. Should old age and sickness insurance be made a feature of the +social insurance program of your state? + +28. Should pensions be paid out of public funds to mothers having +dependent children? + +29. Should labor legislation be enacted primarily by the Federal or by +the state governments? + + + + +CHAPTER XX + +IMMIGRATION AND ASSIMILATION + + +215. RACIAL ELEMENTS IN OUR POPULATION.--The Federal census of 1920 +gave the population of continental United States as 105,710,620. +Approximately nine tenths of this population is white, while about one +tenth is negro. Those who are neither white nor negro, namely, +American Indians and Asiatics, together constitute less than one half +of one per cent of the population. + +The great majority of our people are either European immigrants, or +the descendants of European immigrants who came to this country within +the last century and a half. With reference to European immigration we +distinguish three groups: the foreign-born, the native-born children +of the foreign-born, and natives. Natives include those whose +ancestors have been in this country two or more generations. On the +basis of this classification, about one seventh of our population is +foreign-born while over one third is either foreign-born or the +native-born children of foreign-born parents. + +The ease with which immigrants have adapted themselves to American +life prevents any accurate classification of nationalities in our +population, but probably Great Britain and Ireland, Germany, Italy, +Russia, (including Poland), and Austria-Hungary have, in the order +named, contributed the largest numbers. + +216. THE "OLD" IMMIGRATION.--European immigration to the United States +may be divided into two groups, the "old" and the "new." The "old" +immigration extended from the beginning of our national history to +about the year 1880, and was derived chiefly from Great Britain and +Ireland, Germany, and the Scandinavian countries. Between 1820 (the +first year for which we have accurate records) and 1880, about nine +tenths of our immigrants came from these countries. + +The striking features of the "old" immigration should be noted. In +comparison with present-day immigration, it was relatively small in +volume. In view of the abundance here of free land, and our consequent +need for pioneers, the small volume of immigration prevented the rise +of any serious problem. Moreover, the "old" immigration was largely +made up of individuals who were similar to the original American +colonists in political ideals, social training, and economic +background. The "old" immigration therefore merged with the native +stock fairly easily and rapidly. + +217. THE "OLD" GIVES WAY TO THE "NEW" IMMIGRATION.--In the period +centering about the year 1880 there was a distinct shift in the +immigration movement. Whereas before 1880 most of our immigrants had +been Anglo-Saxons and Teutons from northern Europe, after 1880 the +majority of our immigrants were members of the Mediterranean and +Slavic races from southern and southeastern Europe. Before 1880 about +nine tenths of the aliens coming to our shores were from northern +Europe and only one tenth were from southern and southeastern Europe. +In the period since 1880, less than one fourth of our immigrants have +come from northern Europe, while more than three fourths have been +derived from southern and southeastern Europe. The bulk of this new +immigration has come from Russia, Poland, Austria-Hungary, Greece, +Turkey, Italy, and the Balkan countries. + +218. INCREASING VOLUME OF IMMIGRATION.--Since it is in connection with +the "new" immigration that the modern immigration problem arises, it +will be profitable to inquire more fully into the character of the +movement after about 1880. + +Not only has the character of immigration changed since the eighties, +but the volume of immigration has steadily increased. Of approximately +35,000,000 immigrants who have come to our shores since 1800, more +than half have come within the last thirty-five years. The peak of +immigration was reached in the decade preceding the World War, when as +many as a million and a quarter of immigrants landed in this country +in a single year. This heavy flow was interrupted by the World War, +but after the signing of the armistice in the fall of 1918, a heavy +immigration again set in. [Footnote: Various classes of immigrants +are excluded from the United States by the immigration laws summarized +in section 223 of this chapter. In addition to these laws, which may +be said to constitute the basis of our permanent immigration policy, +President Harding signed, in May, 1921, a bill relative to the +temporary exclusion of aliens who would ordinarily be admissible. This +temporary exclusion act provided that between July 1, 1921, and June +30, 1922, the number of immigrants entering the United States from any +other country might not exceed three per cent of the former immigrants +from that country who were within the bounds of the United States at +the time of the last census.] + +219. DISTRIBUTION OF THE "NEW" IMMIGRATION.--One of the most +significant facts in connection with the immigration problem is that +our immigrant population is unequally distributed. About two thirds of +the immigrants in this country are in the North Atlantic division; +about a quarter of them are located in the North Central division; +while less than one tenth are located in the western and southern +sections of the country combined. Three fourths of our foreign-born +live in the cities of the North Atlantic and North Central divisions. +Forty per cent of the present population of New York City is foreign +born, while in Boston and Chicago more than a third of the population +is foreign born. In the smaller manufacturing cities of the North +Atlantic division it often happens that from half to four fifths of +the population is foreign born. + +220. ECONOMIC EFFECTS OF IMMIGRATION.--In the earlier part of our +national history free land was abundant and immigration relatively +small in volume; after the eighties free land disappeared and +immigration increased rapidly. It was toward the end of the nineteenth +century, therefore, that the economic aspect of the immigration +problem became acute. In the last decades of that century +manufacturing developed rapidly, and American cities became important +centers of population. Large numbers of immigrants were attracted by +the opportunities for employment in urban centers. An addition to this +factor, immigrants continued to concentrate in the cities, partly +because of the spirit of clannishness, partly because of the +disappearance of free land, and partly because the development of +agricultural machinery reduced the demand for agricultural laborers. +Still another influence was the fact that the unfamiliar American farm +was less attractive to the southern European immigrant than was the +opportunity of performing unskilled labor in the city. To-day four +fifths of our immigrants are unskilled laborers who are employed +chiefly in mining, construction work, transportation, and domestic +service. + +From the economic standpoint, the chief objection to unrestricted +immigration is that it prevents the wages of American workmen from +rising as rapidly as would otherwise be the case. The newly arrived +immigrant usually has a lower standard of living than has the native +American; that is to say, the immigrant is content with less in the +way of food, clothing, house room and education than is the native. +When newly arrived immigrants come into competition with native +workmen, the immigrant generally offers to work for a lower wage than +the native. But though relatively low, this wage is so much higher +than the newly arrived immigrant has been used to, that he feels +justified in marrying early and rearing a large family. This adds to +the supply of unskilled labor. + +In order to compete with the recent immigrant, the native must accept +relatively low wages. In order to get along on these relatively low +wages, the native must either lower his standard of living or postpone +marriage. Sometimes he has lowered his standard of living; sometimes +he has preferred to retain his relatively high standard of living, and +to get along on the decreased wage either by postponing marriage, or +by permanently abandoning his plans for a normal family life. It is +contended, therefore, that an oversupply of unskilled immigrant labor +in this country has had at least two injurious results. First, it has +kept the standard of living of American workmen from rising as rapidly +as would otherwise have been possible. Second, it has caused the birth +rate to decline among the native groups. + +221. SOCIAL EFFECTS OF IMMIGRATION.--The tendency of immigrants to +concentrate in American cities gives rise to a number of serious +social problems. Urban congestion is unqualifiedly bad. It is +difficult or impossible for immigrants living in crowded quarters to +maintain proper health standards. Nor does overcrowding conduce to +healthy morals. The foreign born do not show an unusual tendency +toward crime, which is remarkable when we consider the immigrant's +ignorance of our laws, as well as the ease with which unscrupulous +persons exploit him. On the other hand, the children of the foreign +born often show a strong tendency toward crime and vice, a fact which +is attributed to the bad social conditions surrounding their homes. +The percentage of dependency among immigrants is rather high. This is +not surprising, however, for many immigrants must go through an +adjustment period in which lack of financial reserves is likely to +force them to call upon charitable agencies for temporary aid. + +222. DIFFICULTY OF ASSIMILATING THE "NEW" IMMIGRATION.--Those who made +up the "old" immigration assimilated rapidly: they were relatively +like the native stock in manners and customs, the volume of +immigration was relatively small, and the newcomers spread out into +frontier communities where habitual contact with natives was +unavoidable. + +Those who make up the "new" immigration have assimilated less rapidly: +they are relatively unlike the native stock in language, race, and +customs; the volume of immigration is very great; and rather than +being uniformly distributed, the "new" immigrants tend to concentrate +in cities where they are often little subject to contact with natives. +Members of foreign "colonies" not only tend to remain ignorant of +American life, but unfamiliarity with self-government encourages their +exploitation by political "bosses." It is admitted by the most careful +students that the lack of proper civic ideals among unassimilated +foreigners in American cities is a large element in the corruption of +our municipal governments. + +223. RESTRICTIVE LEGISLATION.--Exclusive control of immigration is +vested in the Federal government. During the Civil War Congress +actually encouraged immigration, but since 1882 our policy has been +one of restriction. In the latter year the first general immigration +act was passed, though considerable legislation on the subject was +already on the statute books. Supplementary laws were enacted from +time to time, the most important piece of legislation since 1900 being +the Immigration Act of 1917. A brief summary of this and previous acts +will serve to show the nature and extent of Federal control over +immigration. + +The chief aim of our immigration laws has been so to restrict +immigration as to protect us against undesirable persons. In the +interest of health, persons afflicted with contagious diseases, such +as tuberculosis, and trachoma,--a virulent eye disease,--are excluded. +Certain persons whose character is clearly immoral are excluded. +Polygamists are excluded. The Act of 1917 excludes anarchists, and +likewise bars from our shores all criminals, except those who have +committed political offenses not recognized by the United States. In +order to reduce unnecessary tax burdens, as well as to safeguard +community health, we also exclude insane persons, idiots, epileptics, +beggars, and other persons likely to become public charges. Contract +laborers are specifically excluded, the Act of 1917 using the term +"contract labor" to include anyone "induced, assisted, encouraged, or +solicited" to come to this country "by any kind of promise or +agreement, express or implied, true or false, to find employment." +Persons over sixteen years of age are excluded from the United States +if they cannot read English or some other language. [Footnote: Certain +near relatives of admissible aliens, purely political offenders, and +persons seeking refuge from religious persecution, are exempted from +this literacy test, however.] + +The bars against Asiatics call for a special word. + +224. ASIATIC IMMIGRATION.--By Asiatic immigration is here meant +Chinese and Japanese immigration, immigrants from other parts of Asia +being relatively unimportant. + +The discovery of gold in California in 1849 caused a large number of +Chinese coolies to migrate to this country. This immigration grew +steadily until 1882, in which year the entrance of Chinese laborers +into the United States was forbidden. Our exclusion policy has been +repeatedly reaffirmed, as the result of which there are to-day fewer +than 70,000 Chinese in this country. The majority of these are found +on the Pacific Coast, engaged as small tradesmen, truck farmers, or +personal servants. + +Japanese immigration to this country did not become noticeable until +about 1900. After that date, however, the volume of Japanese +immigration so alarmed the Pacific Coast states that a Japanese +exclusion policy was formulated as early as 1907. At present the only +classes of Japanese that are allowed to reside in this country +permanently are "former residents," "parents, wives or children of +residents," or "settled agriculturists," the latter being Japanese +already in possession of land here. There are at present fewer than +120,000 Japanese in this country. Most of them are found on the +Pacific Coast, engaged in occupations similar to those of the Chinese +in the same area. [Footnote: Chinese and Japanese students desiring to +study in this country are allowed to enter the United States by +special arrangement.] + +Those most familiar with the situation are practically unanimous in +declaring for the continued exclusion of Chinese and Japanese +immigrants. In the case of both races, the standard of living is so +much lower than that of native Americans that open competition between +the newly arrived Asiatic and the native American would result in the +latter being driven from the labor market. The most important social +reason for the exclusion of these two races is that the differences of +race and religion existing between Asiatics and native Americans +render assimilation of the Chinese and Japanese extremely difficult, +if not impossible. + +225. THE FUTURE OF IMMIGRATION.--A half century ago the belief was +current that an immigration policy was unnecessary, since the sources +of immigration would eventually dry up. The sources of the "old" +immigration have dried up somewhat, but new sources have been opened +up in southern and southeastern Europe. Immigration is a pressing +social problem, and it is likely that it will be even more pressing in +the future. The American frontier has disappeared and our boundaries +are fixed. Urbanization is proceeding at a rapid rate, industry is +becoming more complex, public opinion is more insistent that such +social problems as immigration shall be solved. + +226. WHAT SHALL BE OUR ATTITUDE TOWARD IMMIGRATION?--There is no good +reason why immigration should be absolutely prohibited. On the other +hand, the most public-spirited students of the question believe that +the careful restriction of immigration is imperative. Clearly, it is +our duty to accept only such immigrants as show promise of becoming +capable and efficient American citizens. It is also clearly our duty +to accept even this type of immigrant only in such numbers as we can +conveniently assimilate. We must not be selfish with America, but we +should not be misled by the statement that anyone in Europe has a +"right" to make his home in this country. Those who come to this +country are personally benefited, no doubt, but unrestricted +immigration may lower the tone of American life and permanently injure +our social and political institutions. America is for the present +generation, but is also for posterity. The millions of unborn have as +much right to be considered as have the millions now clamoring at our +gates. For this reason, the "right" of an individual to migrate to +America must be interpreted in the light of what he will mean to the +future of this country. + +227. HELPING THE IMMIGRANT IN HIS NEW HOME.--The readjustment, +assimilation, or "Americanization" of the immigrant is a problem of +vital importance. The term "Americanization" is variously interpreted, +and must be used with care. Americanization ought not to force the +immigrant to give up his native tongue, or his old-country customs. It +ought to be a mutually helpful process, whereby native Americans would +help the immigrant in adjusting himself to his new environment, while, +in turn, the immigrant would be permitted and encouraged to make his +own contribution to American life. Since the immigrant has little or +no opportunity to contribute to American life until he has become +adjusted to his new home, it follows that the most fundamental part of +an Americanization program is one of helping the immigrant solve his +problems. + +In carrying out this part of the Americanization program it is +essential that the newly arrived alien be protected against +unscrupulous persons who seek to exploit him. Adequate laws ought to +be supplemented by the work of immigrant aid societies and other +private organizations whose duty it would be to protect immigrants +against dishonest boarding houses, swindlers, unreliable banks, and +other forms of imposition. Friendly help of this type will do much +toward encouraging and inspiring the alien in his new life. + +Improvement in the immigrant's economic status is an important part of +an Americanization program. Not only does the undue concentration of +immigrants in cities spell ill-health and a great temptation to crime +and vice, but immigrant laborers sometimes secure lower wages in +cities than they would receive in the more sparsely settled parts of +the country. Of considerable interest, therefore, is the recent +development of plans for redistributing immigrants into the rural and +sparsely populated districts. [Footnote: The movement to transfer +immigrants to the rural districts is not unqualifiedly good; indeed, +it may do more harm than good. For the dangers of this movement, see +Chapter XXV.] Since 1907 the Division of Information in the Bureau of +Labor Statistics has done valuable work in finding employment for +immigrants in rural districts. Much remains to be done, however. + +The school, of course, is an important agent of Americanization. +Whether or not the immigrant retains his old-country language, he +ought to learn to speak, read and write English. The school is +likewise an important means of instructing the newcomers and their +children in the essentials of American history and government. Where +the school is being used as a real community center, the institution +becomes truly a method of introducing the foreign-born to the everyday +activities of American life. The increasing emphasis upon the racial +traits of different immigrant groups, with a view to encouraging +unique contributions to the culture of the community, deserves special +notice. + +Americanization measures of the type touched upon in this section help +to build the nation on a sound foundation of friendly and intelligent +coöperation. + + +QUESTIONS ON THE TEXT + +1. What proportion of our population is foreign-born? What proportion +is native? + +2. Distinguish between the "old" and the "new" immigration. + +3. Describe the increasing volume of immigration. + +4. Outline the distribution of immigrants in this country. + +5. What are the economic effects of immigration? + +6. Explain the relation of immigration to the wages and standard of +living of American workmen. + +7. What are the social effects of immigration? + +8. What factors impede the assimilation of the "new" immigrants? + +9. What classes of aliens are excluded from this country? What is +"contract labor"? + +10. What is the nature of Asiatic immigration? Why are Asiatics +excluded? + +11. Does it seem likely that the immigration problem will be more or +less acute in the future? Why? + +12. What should be our attitude toward immigration? + +13. What is the chief aim of a good Americanization program? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xx. + +Or all of the following: + +2. _Annals_ of the American Academy of Political and Social Science, +vol. xciii, pages 134-138, 156-161. + +3. Burch and Patterson, _American Social Problems_, chapters ix and x. + +4. Ellwood, _Sociology and Modern Social Problems_, chapter x. + +5. Roberts, _The Problem of Americanization_, chapters iii and iv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Define a foreigner. (_Annals_, page 135.) + +2. What is Professor Walker's theory of immigration? (Burch and +Patterson, pages 95-96.) + +3. Compare the "old" and the "new" immigration in 1882. (Ellwood, page +217.) + +4. Compare the "old" and the "new" immigration in 1907. (Ellwood, page +218.) + +5. What are the three most important groups of immigrants at the +present time? (Burch and Patterson, pages 108-111.) + +6. What is the extent of illiteracy among the immigrant population? +(Burch and Patterson, pages 115-116.) + +7. Discuss the occupational distribution of immigrants. (Ellwood, +pages 223-224.) + +8. What is the "racial" argument against unrestricted immigration? +(Ellwood, pages 234-235.) + +9. How can the average citizen help in the Americanization movement? +(Roberts, pages 45-47.) + +10. Why should the Americanization worker make himself familiar with +the condition under which the immigrant works? (Roberts, pages 48-53.) + +11. What is the significance of the club life of immigrant groups? +(Roberts, pages 57-61.) + +12. What is the importance of the "advisory council" in +Americanization work? (Roberts, pages 86-87.) + + +TOPICS FOR INVESTIGATION AND REPORT + +1. Classify the residents of your community according as they are (a) +Foreign born (b) Native-born children of foreign-born parents, or (c) +Natives. + +2. Study your community with the aim of determining whether or not the +character of its immigrant class has changed within the last twenty- +five years. + +3. Classify the immigrant groups of your community on the basis of +occupation. Notice in particular the proportion of immigrants engaged +in agriculture and in the trained professions. + +4. Make a visit to a near-by foreign colony, and report to the class +upon your observations. + +5. Interview the officials of a trade union on the effect of +Unrestricted immigration upon wages. + +6. Draw up a workable plan for the redistribution of immigrants in +your state. + +7. Draw up a plan for an Americanization survey in your state. (Write +to the Bureau of Education in the U. S. Department of the Interior, +for Bulletin, 1919, No. 77, on State Americanization.) + +8. Race elements in the population of the American colonies. (Commons, +_Races and Immigrants in America_, chapter ii.) + +9. History of immigration to the United States. (Any standard text on +immigration.) + +10. The journey to America. (Abbot, _The Immigrant and the Community_, +chapter i; Steiner, _On the trail of the Immigrant_; Antin, _They Who +Knock at Our Gates_. See also Miss Antin's _The Promised Land_.) + +11. Assisted immigration. (R. Mayo Smith, _Emigration and +Immigration_, chapter ix.) + +12. Geographical distribution of immigration. (Semple, _American +History and its Geographic Conditions_, chapter xv.) + +13. Economic aspects of immigration. (Consult any standard text on +immigration.) + +14. "Birds of passage." (Consult any standard text on immigration.) + +15. Immigration and the trade unions. (Carlton, _History and Problems +of Organized Labor_, chapter xi. See also any standard text on +immigration.) + +16. Social aspects of immigration. (Consult any standard text on +immigration.) + +17. Political aspects of immigration. (Consult any standard text on +immigration.) + +18. Chinese immigration. (Coolidge, _Chinese Immigration_; Hall, +_Immigration_, chapter xv; Jenks and Lauck, _The Immigration Problem_, +pages 231-237; _Annals_, vol. xciii, pages 7-13; Gulick, _American +Democracy and Asiatic Citizenship_.) + +19. Japanese immigration. (_Annals_, vol. xciii, part i; Jenks and +Lauck, _The Immigration Problem_, pages 241-252; Steiner, _The +Japanese Invasion_; Gulick, _American Democracy and Asiatic +Citizenship_.) + +20. Americanization. (_Annals_, vol. xciii, part in; Woods, _Americans +in Process_; Steiner, _From Alien to Citizen_; Bogardus, _Essentials +of Americanization_; Roberts, _The Problem of Americanization_) + + +FOR CLASSROOM DISCUSSION + +21. Is assisted immigration an evil? + +22. Can immigrants be redistributed effectively by governmental +agencies? + +23. Should we retain the literacy test as part of our immigration +policy? + +24. At the present time many aliens journey across the Atlantic only +to find that, for various reasons, they cannot be admitted to this +country. How might the resulting disappointment and loss of time and +money be avoided? + + + + +CHAPTER XXI + +CRIME AND CORRECTION + + +228. THE NATURE OF CRIME.--A crime is an act which is punishable by +law because it is considered injurious to the community. If the +average man were a hermit, living entirely alone, his actions would +affect only himself, and he would be subjected to little or no control +by any community. But the average man is a member of a highly +civilized community, and what he does, or what he fails to do, often +profoundly affects other individuals. Members of the community +therefore agree upon standards of conduct, to which individuals must +conform. [Footnote: Where democracy does not exist, or is only +partially developed, laws may be imposed upon the group from without. +In such a country as the United States, however, legal standards of +conduct are preeminently the result of mutual agreements, freely +entered into.] It is the failure to conform to these standards which +constitutes a crime, and which entails punishment by law. + +What constitutes a crime depends, of course, upon the level of +civilization reached by a community, and upon the interpretation which +it places upon right conduct. A deed considered heroic in one age may +be considered a crime in a later century. In the days of chivalry, for +example, it was sometimes considered heroic to rob or even kill wicked +nobles in order to distribute their wealth to the poor. At the present +time, of course, such acts would constitute a crime. + +229. THE CAUSES OF CRIME.--The causes of crime are so various and so +complex that their accurate classification is impossible. But some +light may be thrown upon the subject if we think of crime as +influenced by economic, social, personal, and political factors. + +Looking at crime from an economic point of view, it is obvious that +poverty often accompanies crime. In many cases, it is claimed, such +crimes as larceny, forgery, and robbery are directly traceable to +poverty. Similarly, it is said that unemployment and industrial +accidents may incite individuals to crime. Many authorities claim, +however, that while bad economic conditions accompany and often +encourage crime, such conditions alone are not a direct cause of +crime. According to this latter view, poverty, for example, will not +cause a person to commit a crime unless he is feeble-minded, depraved +in morals, or otherwise defective in character. + +While there is a good deal of dispute as to whether or not poverty is +a direct cause of crime, it is quite generally agreed that a bad +economic situation gives rise to social conditions which can be +definitely connected with criminality. The strain and artificiality of +urban life, together with the difficulty of obtaining inexpensive and +wholesome recreation in the poorer sections of large cities, has a +close connection with crime. The overcrowding so common in tenement +districts renders difficult or impossible the maintenance of high +moral standards. Where mother or children are habitually employed +outside the home, the young are often denied proper home training. +Divorce, desertion, or the death of the bread-winner may break up the +family and indirectly give rise to illiteracy, vice, and crime. + +Often indistinguishable from the social causes are the personal causes +of crime. Where alcoholism or vicious habits are given as the cause of +crime, it may be impossible to say whether social or personal defect +is primarily to blame. Illiteracy, superficially a _personal_ cause of +crime, may often be traced to a bad _social_ environment. Thus an +individual may be illiterate because his parents were unwilling or +unable to send him to school, or because evil companions discouraged +him from study. Such personal causes as mental defect are extremely +important, indeed, many students maintain that bad economic and social +conditions are negligible causes of crime, unless found in connection +with low mentality and a depraved moral sense. + +Last among the causes of crime we may consider defects in government. +The laws of a community may be so numerous, or so unwisely worded, +that even responsible individuals violate them without understanding +the nature of their act. After children have committed petty offenses +through carelessness or a sense of mischief, the harshness of the +police may so embitter or antagonize the culprits that their criminal +tendencies are intensified. An important cause of crime is the custom, +still common in many states, of imprisoning young and first offenders +in county jails, where they are allowed to mingle with, and learn +about crime from, hardened and depraved criminals. + +230. THE REMEDIES FOR CRIME.--The causes of crime suggest the nature +of its remedies. Wherever bad economic conditions either directly or +indirectly encourage crime, the remedy is, of course, the relief or +abolition of poverty. This problem has already been discussed. + +Since bad social conditions are often the result of poverty, any +measures which will lessen poverty will also remove many of the so- +called social causes of crime. Education, the safeguarding of the +home, constructive charity, and similar measures will also help to +remove the social causes of crime. These questions are discussed +elsewhere in this text, and need not be gone into here. + +The improvement of economic and social conditions will ultimately help +to eliminate bad heredity, vice, and other of the personal causes of +crime. + +With the understanding, then, that the eradication of the economic, +social and personal causes of crime is discussed elsewhere, we may +here confine ourselves to the question of preventing crime by +remedying the defects of government. + +231. JUSTICE AS AN IDEAL.--Justice has constituted one of the basic +ideals of the English-speaking peoples since the days of Magna Charta. +"To no one will we sell, and to no one will we refuse or delay, right +or justice," declared that great document. This conception was later +glorified into an ideal which, after having persisted for four +centuries in England, was brought to the New World by the English +colonists. The first ten amendments to the Federal Constitution and +the Bill of Rights contained in the constitutions of the several +states have been called by Lord Bryce "the legitimate children of +Magna Charta." Since the beginning of our history, thus, a great +cornerstone of American democracy has been the concept of sound and +equitable law, impartially and effectively administered. + +232. THE DENIAL OF JUSTICE.--Within the last decade we have come to +realize that in many of the criminal courts of this country justice is +an ideal rather than a fact. "The administration of criminal law in +all the states of this Union," said Chief Justice Taft a few years +ago, "is a disgrace to civilization." + +Our criminal law is administered unjustly in two ways. + +First, it sometimes allows the rich, the cunning, and the powerful +offenders to escape the penalty for their crimes. In many states the +court dockets are so crowded that influential offenders are not +convicted for years, if at all. Rich prisoners may be released on +bail, and consideration of their case so delayed that the evidence +disappears. Public interest is diverted to new cases, and eventually +the case may be quietly dismissed. Mr. Taft points out that we lead +the world in the number of serious crimes which go unpunished. Appeals +are allowed almost as a matter of course, so that in many serious +criminal trials the original verdict is only the beginning of the +case. + +Second, the law which often allows the powerful and crafty to avoid +punishment may operate to deny justice to the poor. Ignorant prisoners +are in many cases so bewildered by cumbersome and technical court +procedure that they allow their cases to be disposed of without +adequate protection of their rights. Often they have no one to advise +them as to their constitutional rights and privileges. If they are not +only ignorant but poor, they find themselves unable to employ proper +counsel. The Constitution indeed recognizes the right of an accused +person to have counsel, but in many states if a man is too poor or too +ignorant to secure a lawyer, he is obliged to stand trial without +anyone to represent or advise him. In some states, the court appoints +a lawyer to represent such defendants. Sometimes the assigned counsel +is dishonest, and too often his primary object is to get a fee rather +than to secure justice for his client. Generally the counsel so +appointed is inexperienced, and consequently no match for an able and +experienced prosecuting attorney, whose reputation may depend upon the +number of convictions that he secures. + +233. THE REFORM OF CRIMINAL PROCEDURE.--The reform of criminal +procedure is assuming great importance as a problem of American +democracy. In many states there is a demand for a wider and more +energetic use of the Bertillon and finger print systems for the +identification of criminals. Because of the fact that in our large +cities a heavy percentage of crimes are committed without the +subsequent arrest of the culprit, there is a growing demand for the +improvement of our police systems. Our criminal law needs to be +simplified, so that justice may not be delayed by technicalities, long +arguments on the admissibility of evidence, and the abuse of the right +of appeal. Probably a good many of the delays and technicalities of +legal procedure could be avoided if at the trial the judge were to +exercise a greater amount of control over the proceedings. + +The reform of criminal procedure has a double aim. First, it aims to +reorganize and perfect criminal procedure so that persons who have +committed an offense will be apprehended and always made to pay the +penalty for their crimes. Toward the achievement of this ideal we have +as yet done very little. We are still woefully behind such a country +as England, where justice is administered with relative rapidity and +sureness. Second, the reform of criminal procedure aims to prevent the +law from bearing with undue weight upon the poor and ignorant. Here we +are making greater progress. Let us notice what is being done to +guarantee justice to persons who are unable adequately to safeguard +their own legal rights. + +234. THE LEGAL AID SOCIETY.--A valuable institution is the legal aid +society, which originated in New York City in 1876, and which has +since spread to other parts of the country. Of the forty legal aid +societies now in existence in this country, some of the better known +are located in New York City, Los Angeles, Kansas City, Boston, and +Chicago. The legal aid society is generally a private organization, +created and maintained by public-spirited citizens who believe that +the poor and ignorant ought to be given legal advice free of charge, +or upon the payment of a nominal fee. These societies extend advice on +both civil and criminal matters. The legal aid society helps +materially to secure justice by acquainting the individual with his +legal rights, and by acting as his counsel in court. Such +organizations are especially valuable in safeguarding the rights and +privileges of immigrants in large cities. The total number of persons +helped annually by legal aid societies in the United States is over +100,000. + +235. THE PUBLIC DEFENDER.--The Public Defender movement is an +outgrowth of the feeling that it is unfair for the court to assign an +inexperienced and sometimes unreliable lawyer to defend a penniless +prisoner, while the case is prosecuted by a skilful district attorney. +In spite of the presumption that the prisoner is innocent until he is +proved guilty, such practices as this have operated as though the +prisoner were presumed to be guilty. + +In 1912 Oklahoma attempted to remedy this evil by appointing a Public +Defender whose duty it should be to aid in the defense of persons +unable to employ counsel. The next year the city of Los Angeles +appointed a Public Defender who, as a sworn public counsel of +experience and integrity, makes it his business to defend poor +prisoners without charge. A few years later, Portland, Oregon, and +Omaha, Nebraska, appointed similar officers. Since 1916 many other +cities, and a few states, have provided for a Public Defender of some +kind, although in many cases the provision is as yet inadequate. In +all cities in which the plan has been given a trial, the Public +Defender has been instrumental in securing justice for the poor, and +in raising the moral tone of the criminal trial. By eliminating much +unnecessary delay from the criminal trial, the Public Defender has +also helped to reduce court expenses. + +236. CHANGING IDEALS IN PENOLOGY.--In the early stages of society the +spirit of revenge seems to have been a chief motive in the punishment +of criminals, although the desire to prevent crime must also have been +a factor. With the progress of civilization revenge declined in +importance, and the punishment of the criminal seems to have been +undertaken chiefly for the purpose of preventing future crimes. Long +periods of imprisonment, inhuman punishments, and the frequent use of +the death penalty were characteristic of this attitude toward crime. +Curiously enough, punishments were imposed according to the +seriousness of the crime committed, without regard to the character +and needs of the criminal. + +Of recent years the theory of punishment has been still further +modified. In the first place, we have begun to doubt if punishment +always serves a useful purpose. Punishment does not always deter +criminals, and for this reason it is likely that the death penalty and +other cruel and inhuman methods of punishment may be dispensed with, +without a resultant increase in the amount of crime. In the second +place, punishment has taken on a new aim. More and more we are coming +to believe that it should be imposed, not according to the seriousness +of the crime committed, but according as the individual criminal needs +to be punished in order to effect his reformation. This new attitude +is based upon the assumption that the criminal is a person who is not +adapted to the conditions of modern life, and that the chief aim of +the authorities should be so to reform him that he will become a +useful member of society. In case reform seems impossible, the +criminal should be segregated in an institution. + +237. INDIVIDUALIZED TREATMENT OF OFFENDERS.--The emphasis now placed +upon reformation has made necessary a new point of view on the part of +the public. We are beginning to make use of a mass of data furnished +by physiology, psychology, and sociology, and on the basis of these +data to subject prisoners to individualized treatment. Instead of +herding all offenders into a single institution such as the county +jail or the penitentiary, we are beginning to inquire, first of all, +whether the prisoner might not be treated most effectively outside +prison walls. For those offenders who seem to require institutional +treatment, we are developing a whole series of institutions, designed +to care for special types of abnormality. Industrial and farm colonies +for petty offenders and occasional criminals, hospitals and colonies +for the mentally defective, industrial schools and reformatories for +certain types of juvenile offenders, and penitentiaries for hardened +offenders, all these are included in the correctional system of the +more progressive states. + +238. SUBSTITUTES FOR IMPRISONMENT.--The belief is growing that young +offenders, first offenders, and those committing petty crimes, may +often be corrected without actual imprisonment. Increasingly common is +the probation system, the essence of which is to suspend the sentence +of the court upon certain conditions. The offender is placed in charge +of a court officer who will stand in the relation of friend and +guardian to him, in order to supervise his conduct and to attempt his +reformation. The success of the probation system depends largely upon +the care and judgment with which probation officers control their +charges. + +The use of the fine deserves mention. Generally the sentence for a +petty offense is a fine, with imprisonment as an alternative in case +the prisoner is unable to pay the fine. Realizing the corrupting +influence of the jail sentence for first or slight offenders, court +officials in many cities are making the payment of the fine less +difficult. In Buffalo, Indianapolis, Chicago, and other cities it is +customary in some cases to allow the payment of a fine in instalments. +This ultimately secures the fine; it has a disciplinary effect upon +the offender; and it keeps him out of jail. + +239. MENTAL DEFECTIVES.--Recent progress in medicine and psychology +has demonstrated that many criminals are mentally defective. Such +persons are not fully responsible for their acts, and nothing is to be +gained by committing them to prison. They need special treatment in +institutions for the insane, the feeble-minded, and the otherwise +defective. In recognition of this fact, the criminal courts of our +larger cities now make extensive use of psychopathic experts. It is +the duty of these experts to determine the mental status of the +prisoner, and, in case he is found to be mentally defective, to +recommend the type of treatment needed. + +This is an admirable development, provided care is taken to prevent +the abuse of the insanity plea by influential criminals who, though +normal mentally, seek to evade responsibility for their deliberate +crimes. + +240. THE JUVENILE OFFENDER.--It has been proved that a large +percentage of hardened criminals begin their careers by some careless +or mischievous act for which they were severely or unwisely punished. +Formerly, juvenile offenders were treated much as were adult +criminals; more recently we are coming to believe that children ought +not to be committed to penal institutions, but rather should be put on +probation, or sent to correctional institutions of a special type. +Wherever possible, institutional treatment of every kind ought to be +avoided, for the crimes of children are clearly in a different class +from those of the adult. In New York City a few years ago, for +example, half the children brought into court were there because of +the lack of recreation facilities. Petty theft and malicious mischief +are often traceable to bad home influences and the unnatural +surroundings of the city. These circumstances, coupled with the fact +that immature children are often unaware of the seriousness of their +lawless acts, justify the special treatment of the juvenile offender. + +241. THE JUVENILE COURT.--The juvenile court has been created to meet +the special needs of the youthful offender. An early institution of +this kind was established in Chicago in 1889. Shortly afterward Denver +established a juvenile court, and since then many other cities have +taken up the idea. In some states county judges are authorized to +suspend the ordinary rules of procedure where the defendant is under +eighteen years of age. + +A typical juvenile court provides separate judges and separate +hearings for youthful prisoners. It avoids publicity, investigates the +home life of the youthful offender, and attempts by kindly treatment +to guide him back into a wholesome, honest life. In some cases +delinquent children are sent back to school, in other cases they are +placed on probation, in still other cases special institutional +treatment is provided. Every effort is made to keep juvenile offenders +from associating with habitual criminals. The aim of the court is not +to punish the offender for a particular offense, but to weigh all the +circumstances which have influenced his life, and to correct his wrong +tendencies. Work of this type is preventive in the fullest sense of +the word. + +242. THE INDETERMINATE SENTENCE.--The realization that punishment +ought to fit the criminal rather than the crime has led to the +indeterminate sentence. Though not yet widely applied, this reform is +attracting more and more attention. A logical application of the +indeterminate sentence would require prisoners to be committed to +prison, not for a specific term, but for an indefinite period. The +actual length of the prison term would depend upon the prison record +of the individual, and upon the promise that he showed of becoming a +useful and normal citizen if released. According to this plan, +occasional criminals, and persons enticed or forced into wrong-doing, +would be entitled to release (regardless of the character of the +crime) as soon as it became apparent that they would not repeat the +offense. Hardened criminals, on the other hand, might remain in prison +permanently, even though committed for a trifling offense. Certainly +we ought not to continue to commit and to re-commit hardened criminals +for short terms, when their past conduct proves that they have neither +the intention nor the ability to make proper use of their freedom. + +243. THE FUNCTION OF THE MODERN PRISON.--In addition to the principle +of the indeterminate sentence, modern penology has approved a whole +series of supplementary measures. The ideal prison of to-day is not a +gloomy dungeon, but a great plant which attempts to turn criminals +into useful citizens through the use of the school, the chapel, the +workshop, the gymnasium, the library, and even the theatre. +Discipline, the fundamental weakness of offenders against the law, is +a cornerstone of prison life. More and more prisons are adopting the +merit system, according to which prisoners are graded and promoted to +additional privileges on the basis of behavior. In many prisons these +privileges may include an "honor system" and "inmate self-government." +The prison attempts to supply the deficiencies in the convict's early +training. Prisoners are taught to take care of their bodies. They are +taught useful trades, according to their abilities. If illiterate they +may go to the prison school. Religious exercises and moral instruction +are employed to develop a sense of moral values. + +When consistent good behavior and earnest endeavor in prison duties +indicate that the prisoner is entitled to another chance in the +outside world, he may be paroled, that is to say, he may be released +on certain conditions. Generally prisoners are not paroled until some +person is found who will guarantee them employment. In many states the +work of the parole board is ably supplemented by unofficial prisoners' +aid societies which help the released man to readjust himself to a +free life. After a certain period of satisfactory conduct on parole +the prisoner is entitled to a full and unconditional discharge. The +whole aim of the parole system is to supervise the actions of the +prisoner, without adding to his irritation or humiliation, but with +sufficient strictness to guard him against temptation and to replace +him in prison if he proves unworthy of the trust bestowed upon him. + + +QUESTIONS ON THE TEXT + +1. What is a crime? + +2. In what way may bad economic conditions be connected with crime? + +3. What are the social causes of crime? What are the personal causes? + +4. In what way are defects of government related to crime? + +5. Summarize the remedies for crime. + +6. Trace the influence of Magna Charta upon our ideal of justice. + +7. How does the administration of our criminal law often result in +injustice? + +8. Why is it necessary to reform our criminal procedure? + +9. What is the nature and function of the legal aid society? + +10. What is a Public Defender? How does he help secure justice? + +11. Trace the development of the theory of punishment. + +12. What is the purpose of the "individualized treatment of +offenders"? + +13. What is the function of a probation system? + +14. How should mentally defective criminals be treated? + +15. Describe the work of the Juvenile Court. + +16. Outline the purpose of the indeterminate sentence. + +17. What are the chief functions of a modern prison? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxi. + +Or all of the following: + +2. Guitteau, _Government and Politics in the United States_, chapter +xiii. + +3. Lewis, _The Offender_, part iii, chapter i. + +4. Smith, _Justice and the Poor_, pages 105-127. + +5. Wines, _Punishment and Reformation_, chapter ii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Distinguish between crime, vice and sin. (Wines, page 11.) + +2. Define criminal law. (Wines, page 12.) + +3. What is the distinction between public and private wrongs? +(Guitteau, pages 140-141.) + +4. What are the first steps in a criminal action? (Guitteau, pages +142-143.) + +5. What is an indictment? (Guitteau, page 143.) + +6. Outline the steps in a criminal trial. (Guitteau, pages 144-146.) + +7. What is a sumptuary law? (Wines, page 7.) + +8. What are the eight distinct protections afforded by our criminal +law? (Smith, page 108.) + +9. What is the great defect of these protections? (Smith, page 111.) + +10. What can be said as to the future development of the Public +Defender movement? (Smith, page 127.) + +11. Is the average age of offenders declining or increasing? (Lewis, +page 254.) + +12. What is the relation of the school to crime? (Lewis, pages 262- +270.) + +13. What is the relation of recreational facilities to crime? (Lewis, +pages 276-285.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a classification of the criminal courts of your state. + +2. The use of psychopathic experts in the criminal courts of your +state. + +3. Make a study of a near-by county jail. (Compare data gathered with +Queen, _The Passing of the County Jail_.) + +4. The legal aid bureau in your state. + +5. The parole system in your state. + +6. Classify the correctional institutions in your state. What types of +offenders are sent to each? + +7. Interview, or write to, a prison official in your state regarding +the practicability of the indeterminate sentence. + + +II + +8. Criminal law procedure in England. (_Annals_, vol. lii, pages 200- +207; Kaye, _Readings in Civil Government_, pages 328-335.) + +9. Criminal law procedure in the United States. (Beard, _American +Government and Politics_, pages 568-577.) + +10. Defects in the enforcement of the law. (Reinsch, _Readings on +American State Government_, pages 173-181.) + +11. The courts and the criminal. (Osborne, _Society and Prisons_, +chapter ii; Lewis, _The Offender_, part i, chapter iii.) + +12. Reform of criminal procedure in the United States. (_Annals_, vol. +lii, pages 102-107.) + +13. The county jail. (Queen, _The Passing of the County Jail_.) + +14. Crime prevention from the standpoint of the police. (Woods, _Crime +Prevention_; Lewis, _The Offender_, part ii, chapter ii; _Annals_, +vol. lii, pages 56-60.) + +15. Overcrowding in its relation to crime. (Riis, _The Battle with the +Slum_; Addams, _The Spirit of Youth and the City Streets_.) + +16. Juvenile crime. (Mangold, _Problems of Child Welfare_, Part V.) + +17. The Junior Republic. (George, _The Junior Republic_.) + +18. The work of Judge Ben Lindsay of Denver. (Consult an +encyclopedia.) + +19. The legal aid society. (Smith, _Justice and the Poor_, part iii.) + +20. The Public Defender. (Smith, _Justice and the Poor_, pages 105- +130.) + +21. Probation and parole. (Lewis, _The Offender_, part i, chapter v.) + +22. The Jukes. (Dugdale, _The Jukes_.) + +23. The Kallikak family. (Goddard, _The Kallikak Family_.) + +24. The criminal theories of Lombroso. (Consult an encyclopedia.) + +25. Modern prison systems. (Henderson, _Modern Prison Systems_. +Individual students may be assigned to the study of the prison systems +of particular countries.) + +26. Industrial training in prison. (Lewis, _The Offender_, part i, +chapters x and xii; _Annals_, vol. xlvi.) + +27. The discharged convict. (Booth, _After Prison, What_?) + + +FOR CLASSROOM DISCUSSION + +28. Is crime increasing in the United States? + +29. The practicability of the indeterminate sentence. + +30. Should capital punishment be abolished? + +31. Advantages and disadvantages of the "honor system" in prison. + + + + +CHAPTER XXII + +THE NEGRO + + +244. ORIGIN OF THE AMERICAN NEGRO.--Early in the seventeenth century +the scarcity of labor in the American colonies led to the introduction +of African Negroes as slaves. In response to the demand for slave +labor on the southern plantations, the importation of Negroes +increased steadily during the next century. The slave trade was +nominally abolished in 1808, but Negroes continued to be brought in +until the Civil War period. In September, 1862, President Lincoln +proclaimed abolished both the slave trade and the institution of +slavery in the United States. The legality of this act was +substantiated in 1865 by the Thirteenth Amendment to the Federal +Constitution. + +245. RISE OF THE NEGRO PROBLEM.--The Emancipation Proclamation, +followed by the Thirteenth Amendment, conferred freedom upon four +million slaves. In 1868 the Fourteenth Amendment made the freed +Negroes citizens of the United States, and in 1870 the Fifteenth +Amendment enfranchised them. Largely as the result of these measures, +the problem of the slave developed into the present Negro problem. The +racial differences between the white and the Negro, as well as the +demoralizing effects of slavery, promised to render difficult the +adjustment of the Negro to American life. The situation was made more +serious by the suddenness of emancipation, and by the fact that the +vote was extended the Negroes before most of them were ready for it. +The economic, social, and political upheaval effected in the South by +the war, together with the bitterness with which many southern white +men regarded the newly freed Negroes, also contributed to the +difficulty of the situation. Lastly, the Negro became a problem +because of the lack of a national program in his behalf. + +246. NUMBERS AND DISTRIBUTION.--In 1920 the Federal census gave +10,463,131 as the Negro population of the United States. According to +these figures the Negro constitutes slightly less than one tenth of +our total population. Eighty-five per cent of the Negroes live in the +South. In Mississippi and South Carolina the Negro exceeds the white +population, while in several other southern states the Negro +constitutes from one fourth to one half of the total population. + +About three fourths of our Negroes live in the rural districts. There +is, however, an important migratory movement which operates to +decrease this percentage. There is a growing tendency for southern +Negroes to leave the rural districts and to move cityward. Chiefly +because of the economic attractions of urban life, many rural Negroes +are moving toward the southern city; in search of social equality as +well as greater economic opportunities, many southern Negroes are +migrating to the cities of the North. + +247. ADAPTABILITY OF THE NEGRO.--From one important angle, +civilization is the process of getting along with one's environment, +partly by changing that environment, and partly by adapting one's self +to external conditions. An important characteristic of the Negro, not +usually taken into account, is his adaptability. Ours is predominantly +a white man's civilization, and we are accustomed to think of the +Negro as an individual who finds it more or less difficult to fit into +our way of living. And yet one reason for believing that the Negro has +a capacity for modern civilization is that he has survived until the +present time. Compare the Negro in this regard with the American +Indian, who, despite his many noble traits, has fared poorly under the +white man's civilization. The Indians of Cuba, for example, were so +proud and unbending that they died out under the slavery which the +early Spanish imposed upon them; the Negro, because of his +teachableness and his passive strength, not only survived slavery, but +has weathered freedom under very disadvantageous circumstances. + +248. PROGRESS SINCE THE CIVIL WAR.--The Negro has made considerable +progress since the Civil War. Many Negroes have become independent +farmers and artisans, owning a considerable amount of property. +Despite the backwardness of Negro schools, great progress has been +made in the matter of decreasing Negro illiteracy. Whereas at the +close of the Civil War some ninety per cent of the Negroes were +illiterate, less than a third of our present Negro population is +illiterate. In art, literature and science the Negro has already made +a tolerable showing. Altogether it is likely that an able and +constructive leadership is being developed among the Negroes. + +249. PRESENT ECONOMIC CONDITION.--In spite of the substantial progress +made since the Civil War, however, the present economic condition of +the Negro is unsatisfactory. The great majority of Negroes are +unskilled laborers of a shiftless disposition. Because he is +frequently neither a dependable nor an efficient worker, the average +Negro tends to receive low wages. The Negro is not skilled in +manufacturing or mechanical lines, and he is kept out of the higher +trades and professions by reason of illiteracy and social barriers. +Very often the southern Negro is a tenant farmer, carelessly tilling a +small plot of land and mortgaging his crop in order to secure the bare +necessities of life. Large families, inadequately supported, and +reared under insanitary living conditions, are characteristic of the +southern Negro. The failure to save money, and the inability to +protect themselves against exploitation by unscrupulous white men, are +characteristic weaknesses of many Negroes. + +250. PRESENT SOCIAL CONDITION.--Though decreasing steadily, Negro +illiteracy is still high. This is a serious evil. Not only does +illiteracy bar the Negro from the education and training of which he +is in such great need, but it allows unscrupulous persons to swindle +and exploit him. The Negro furnishes an abnormally large proportion of +our prison population. Whether or not this is partly the result of +racial characteristics, it is certain that the bad economic and social +conditions surrounding Negro life lead to a high degree of +criminality. In justice to the Negro it should be noted that in many +communities he is apprehended and convicted more often than is the +white culprit. Acts which would go unpunished or even unnoticed if +committed by white men often arouse the community and lead to severe +punishment when committed by Negroes. Statistics on Negro crime are +also influenced by the fact that the poverty of the Negro often causes +him to go to jail while the white offender escapes with a fine. + +A serious evil is race mixture between Negroes and whites. This has +gone on since colonial times, until at the present time probably more +than half of the Negroes in the United States have some degree of +white blood. Such mixtures, while probably not disastrous from the +standpoint of biology, have unfortunate consequences socially. +Generally the mulatto offspring are forced to remain members of the +Negro group, where they are subjected to social surroundings which too +often encourage disease, vice, and degeneracy. The majority of the +states now have laws forbidding marriage between Negroes and whites. +Both white and Negro leaders agree that race mixture ought to be +stopped. + +251. PRESENT POLITICAL CONDITION.--The Fifteenth Amendment declared +that "the right of citizens of the United States to vote shall not be +denied or abridged by the United States or by any State on account of +race, color, or previous condition of servitude." Yet in many southern +states the Negro is barred from the polls. In many northern cities +where the Negro is allowed the ballot, his ignorance and +irresponsibility make him the prey of political "bosses" who control +his vote. The question of Negro suffrage will be treated later; +[Footnote: See Chapter XXXIII.] here we may content ourselves with +noting that the Negro's right to vote is often restricted. In the +South, at least, it is also true that the Negro has but little share +either in making the laws or in administering them. + +252. URGENT NATURE OF THE NEGRO PROBLEM.--The Negro problem was never +of more pressing importance than it is to-day. Illiteracy is still +perilously high, Negro crime is becoming more serious, and the +cityward tendency of the Negro is increasing his susceptibility to +disease and vice. In spite of prohibitive laws, racial intermixture is +continuing, and the problem of the mixed blood is becoming more and +more acute. Social unrest among the masses of southern Negroes is +increasing. The World War created new aims and aspirations among +thousands of Negroes. New leaders are arising to preach racial +equality for the Negro; old leaders are in many cases becoming more +impatient with the attitude of the white population. + +253. HESITANCY IN ATTACKING THE PROBLEM.--The American people have +been singularly backward about grappling with the problem of fitting +ten million Negro citizens into the fabric of American democracy. One +explanation of this backwardness is that until recently many have +believed that the Negro would die out under freedom. This expectation +has not been realized, for while the Negro population is increasing +less rapidly than is the white population, it is nevertheless +increasing. The Negro is not dying out. Nor can he be deported to +Liberia or other colonies, as was often suggested in the last century. +The Negro is here to stay, and his problems must be solved. + +254. NEED OF A CONSISTENT PROGRAM.--Many institutions and individuals +have attacked various phases of the Negro problem with courage and +success, but we are in need of a unified and comprehensive program +rather than of a series of unrelated endeavors. Above all what is +needed is not impassioned opinion or cure-all schemes, but rather the +development of a sound and comprehensive program which shall attack +the problem from a number of angles at the same time. Such a program +must have a double end in view: First, the immediate needs of the +Negro must be met; second, we must permit the Negro to be trained +toward a position in which he will be able to play a useful and +honorable role in our national life. Thus the great comprehensive +purpose of this program is to help the Negro adapt himself to American +life, to aid him in fitting in with our economic, social, and +political institutions, and to encourage him to contribute to the +development of American culture to the best of his ability. + +255. EDUCATION.--Education is the most important element of any +program designed to help the Negro. Ability to read and write, the +habit of study, training in correct thinking, all are of such basic +value that it is difficult to understand why we have so long neglected +the education of the Negro. We spend three or four times as much for +the education of the white child _per capita_ as for the education of +the Negro child. Negro schools are sparsely distributed; they are +poorly equipped, and they are sadly hampered by lack of competent +teachers. Clearly we must spend vast sums on Negro education, if we +are to expect marked improvement in the Negro's social and economic +condition. We cannot expect the Negro to cease being a problem until +he has been trained in the fundamentals of citizenship. "The +inadequate provision for the education of the Negro," says the +Southern University Race Commission, "is more than an injustice to +him; it is an injury to the white man. The South cannot realize its +destiny if one third of its population is undeveloped and +inefficient." + +256. ECONOMIC ADJUSTMENT.--The Negro cannot be expected to become a +thrifty, responsible citizen until he is rendered capable of earning a +decent living at productive work. He must acquire the habit of working +steadily and efficiently under a system of free contract. This +economic readjustment, many students of the Negro problem believe, +will be attained largely through industrial education. We already have +several excellent industrial training schools for Negroes, including +Hampton and Tuskegee. The latter was made famous by Booker T. +Washington, an ex-slave who devoted his life to the economic +readjustment of his people. + +A great deal more must be done in this direction. In spite of the +excellent beginnings made at Hampton and Tuskegee, not more than one +per cent of our Negroes have the privilege of industrial education. +More adequate instruction is needed in methods of agriculture and +stock raising, in the various crafts, and in those professions for +which the Negro seems fitted. The South needs labor badly, but she +cannot use her millions of Negroes effectively until they are turned +into competent and dependable workers. The Negro appears to have +little aptitude for mechanical work, or for mill and factory +employment. Diversified agriculture on a small scale seems to be the +most promising industry for him, and one in which he ought +consistently to be encouraged. + +257. THE NEED FOR COÖPERATION.--No permanent solution of the Negro's +difficulties can be attained without the friendly coöperation of all +parties concerned. Most of our Negroes live in the South, but the +Negro is no more a purely southern question than Japanese immigration +is a purely Californian problem. We are one nation, and the problems +of one section are the problems of the whole. The South must not be +left alone, either to neglect the Negro, or to struggle with his +difficulties as best she can. Generous aid must be extended her by the +North, East, and West, before we can expect a solution of the Negro +question. + +Furthermore, there must be coöperation between the leaders of the +Negro and white races, otherwise energy will be wasted and inter- +racial bitterness created. Very promising beginnings in this direction +have recently been made in the South. Nevertheless it is to be +regretted that many leaders, both white and Negro, are still prone to +propose "remedies" for the Negro problem which serve their own +interests, but which show little or no regard for the rights of the +other group, or for the welfare of the nation. + +Above all, there must be a firm resolve to work toward a fair +solution, and an earnest desire to be just and humane. Hard and +unpleasant facts cannot be argued away, but at least they can be +treated rationally. No solution can be reached except through law and +order. Neither violence nor deceit can solve this or any other +problem. Race riots and lynchings are proof that those who engage in +them are unfit to carry on the work of American democracy. + +258. THE PROMISE OF THE NEGRO.--There is a good deal of discussion as +to whether or not the Negro race is merely backward, or whether it is +an inferior race. Those contending that the Negro is only backward +believe that ultimately he can be fitted into the fabric of American +life; those insisting that he is inferior declare that all attempts to +adapt the Negro to American life will prove unavailing. + +Academic discussions of this sort are not to the point. As to whether +or not the Negro is backward or inferior, and as to precisely what +each of these terms implies, there must always be a good deal of +dispute. For practical purposes it is enough to admit that the Negro +cannot now do many of the things which the average white man can do, +and that in so far as this is true, the Negro is less effective as a +citizen. + +At the same time, it should be frankly recognized that the Negro has +shown himself capable of substantial progress. It will be more +appropriate to discuss the inferiority of the Negro when he has failed +to react to the most comprehensive, intelligent, and consistent +program which we are able to draw up. This we have not yet done, and +until it is done, we shall have less cause to deny to the Negro a +capacity for civilization than the Negro will have cause to complain +of our unhelpful attitude toward him. So far as we now know, there is +no scientific justification for believing that the masses of American +Negroes cannot ultimately be trained to a useful sphere in American +life. + + +QUESTIONS ON THE TEXT + +1. How were Negroes first introduced into this country? + +2. When did the modern Negro problem come into existence? + +3. What proportion of our population is Negro? + +4. Where are most of our Negroes found? + +5. What is meant by saying that the Negro is adaptable? + +6. In what particulars has the Negro made substantial progress since +the Civil War? + +7. What is the present economic condition of the Negro? + +8. Why is the social condition of the Negro unsatisfactory? + +9. What can be said as to the present political condition of the +Negro? + +10. Why have we delayed the development of a comprehensive plan for +meeting the needs of the Negro? + +11. What is the importance of Negro education? + +12. Why is the economic readjustment of the Negro important? + +13. Discuss the need for coöperation in meeting the Negro's problems. + +14. What is the promise of the American Negro citizen? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy,_ chapter xxii. + +Or all of the following: + +2. _Annals_ of the American Academy of Political and Social Science, +vol. xlix, "The Negro's Progress in Fifty Years," pages 47-58. + +3. Washington, _Tuskegee and its People_, chapter i. + +4. Williamson, _Sociology of the American Negro_, chapters xii, xvi, +and xxvii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Discuss the recent decrease in Negro illiteracy. (Williamson, +chapter xii.) + +2. What difficulty is encountered in applying mental tests to Negroes? +(Williamson, chapter xii.) + +3. Outline the results of mental tests of the Negro. (Williamson, +chapter xii.) + +4. Summarize the chief characteristics of the Negro race. (Williamson, +chapter xvi.) + +5. What Negro faults might be turned into virtues? (Williamson, +chapter xvi.) + +6. Discuss the role of the mulatto leader. (Williamson, chapter xvi.) + +7. What is Tuskegee Institute? (Washington, page 19.) + +8. What are the chief aims of Tuskegee Institute? (Washington, page +21.) + +9. What was Booker T. Washington's concept of education? (Washington, +pages 28-30.) + +10. What progress in Negro education has been made since 1880? +(_Annals_, pages 51-52.) + +11. What four forces retard the economic development of the Negro in +the South? (_Annals_, page 55.) + + +TOPICS FOR INVESTIGATION AND REPORT + +II + +1. African background of the American Negro. (Williamson, _Sociology +of the American Negro_, part i.) + +2. Slavery. (Hart, _Social and Economic Forces in American History_, +chapter xix; Callender, _Selections from the Economic History of the +United States_, pages 768-793; Williamson, _Sociology of the American +Negro_, chapter v.) + +3. Gains and losses under slavery. (Williamson, _Sociology of the +American Negro_, chapter xxiv.) + +4. The Negro in business. (Atlanta University Publications, No. 4.) + +5. The Negro in professional occupations. (_Annals_, vol. xlix, pages +10-18.) + +6. The Negro as an unskilled laborer. _Annals_, vol. xlix, pages 19- +28. + +7. The Negro as a skilled worker. (Atlanta University Publications, +No. 17.) + +8. The system of Negro tenancy. (_Annals_, vol. xlix, pages 38-46.) + +9. The Negro in the city. (Wolfe, _Readings in Social Problems_, +chapter xviii; _Annals_, vol. xlix, pages 105-119.) + +10. The Negro family. (Atlanta University Publications, No. 13; +Tillinghast, _The Negro in Africa and America_, part iii, chapter iii; +_Annals_, vol. xlix, pages 147-163.) + +11. Negro organizations. (_Annals_, vol. xlix, pages 129-137.) + +12. The Negro church. (Atlanta University Publications, No. 8; +Tillinghast, _The Negro in Africa and America_, part iii, chapter iii; +Washington, _The Story of the Negro_, vol. ii, chapter xiii.) + +13. The mulatto. (Williamson, _Sociology of the American Negro_, +chapters xx, xxi, and xxii.) + +14. Race relationships in the South. (_Annals_, vol. xlix, pages 164- +172; Storey, _Problems of To-day_, chapter iii.) + +15. Negro education. (_Annals_, vol. xlix, part iv; Wolfe, _Readings +in Social Problems_, pages 769-783; Washington, _The Story of the +Negro_, vol. ii, chapter v; Tillinghast, _The Negro in Africa and +America_, part iii, chapter iv.) + +16. The work of Booker T. Washington, (Washington, _Up from Slavery_. +See also an encyclopedia.) + +17. Tuskegee Institute. (Washington, _Tuskegee and its People_.) + +18. The Negro's part in the development of the South. (_Annals_, vol. +xxxv, pages 124-133; Washington, _The Future of the American Negro_.) + + + + +CHAPTER XXIII + +THE FAMILY + + +259. SIGNIFICANCE OF THE FAMILY.--From whatever angle we approach +society, the family is the ultimate unit and basis. The whole fabric +of civilization, whether considered from an economic, a social, or a +political standpoint, depends upon the integrity of the family, and +upon the wholesomeness of the home life centering about the father, +mother, and children. The home is the nursery of our fundamental +institutions: it is the origin of our physical and mental +inheritances; it is the center of our training for private and public +life; it is the moral and religious fount which nourishes the ideals +and beliefs which fashion our lives and mould our character. A nation +built upon decaying homes is bound to perish; a nation composed of +normal prosperous families is in a good way to perpetuate itself. It +is of the very greatest importance, therefore, that we inquire into +the character and tendencies of the American family. + +260. THE FAMILY IN THE MIDDLE AGES.--Fully to appreciate the nature of +the modern family we must know something of the family as it existed +in Europe in the Middle Ages. + +Unity was the striking characteristic of the medieval family. +Economically it was very nearly self-sufficing, that is to say, most +of the food, clothing, and other necessities consumed by it were +prepared by the family members. Very little in the way of education +and recreation existed beyond the family circle. In religious +activities the family played an important role, family worship under +the leadership of the father being a common domestic function. The +medieval family was stable, partly because legal and religious +authority was concentrated in the hands of the father, partly because +the family members were economically interdependent, and partly +because the social and religious interests of the family members +tended to coincide. Divorce was uncommon, and the children generally +remained in the home until their majority had been attained. + +261. THE FAMILY IN MODERN TIMES.--We have already seen that since the +close of the Middle Ages, and especially during the last two +centuries, important economic, social, and political changes have been +going on in civilized society. In common with other social +institutions, the family has been greatly influenced by these changes. +The family which we have described as the medieval type has been +either destroyed or greatly modified, and a new type is being +developed. Probably this new type of family will present substantial +gains over the family of the Middle Ages, nevertheless the period of +transition is fraught with danger. A great problem of American +democracy is to aid in the social readjustment of the family. In order +that we may be competent to aid in this readjustment, let us discover +in what ways the family has been modified by the economic, social, and +political changes referred to above. + +262. THE INDUSTRIAL REVOLUTION AND THE FAMILY.--We have examined +somewhat in detail the effect of the Industrial Revolution upon our +economic life; it remains to be pointed out that the same phenomenon +has profoundly affected the character of our most vital social +institution, the family. + +Directly or indirectly, the Industrial Revolution has affected family +life among all classes of the population. To some extent capitalism +has given rise to a class of idle rich, living upon the proceeds of +permanent investments, and resorting to extravagance and loose methods +of living in order to occupy their time. This development is doubly +unfortunate. In the first place it renders difficult the maintenance +of normal homes among the idle rich. In the second place, the tendency +of certain types of individuals to imitate and envy the idle rich +encourages false standards and leads to a depraved moral sense. + +To those classes which furnish the majority of our professional men, +the complex division of labor has brought a serious danger. So great +is the need of specialized training among these groups that marriage +is often delayed until after the age of thirty. The individual is then +in a better position to support a family, but often his habits are so +firmly fixed that he finds it difficult to adapt himself to family +life. + +Even more important, perhaps, have been the effects of the Industrial +Revolution upon the masses of wage earners. Men earning low wages are +often unable to marry, or, if they assume that responsibility, they +are unable properly to support their families. In spite of the fact +that capitalism has greatly increased our material welfare, the +dependence of large numbers of people upon day wages increases the +hazards of family life. Industrial accidents, occupational diseases, +or the interruption of earnings by strikes and unemployment,--any one +of these mishaps may work a hardship upon the wage-earner's family. +Poverty may induce child labor, deprive the family of proper food and +other necessities, and retard the education of the children. Finally +it may so emphasize the elements of strain and worry that parents are +unable to give proper attention to the training of their children. + +263. THE FACTORY SYSTEM AND THE HOME.--The Industrial Revolution has +lessened the economic importance of the home. The typical modern +family is no longer self-sufficing, but is dependent upon the factory +system for many commodities formerly prepared within the home circle. +Spinning, weaving, tailoring, shoe-making, soap-making, and other +industries have moved out of the home and into the factory. Even the +preparation of food is increasingly a function of agencies outside the +home. Especially in cities there has been a steady development of +restaurants, delicatessen shops, and factories engaged in the large- +scale preparation of bread, canned soups, and other food products. + +There is thus less work to be done in the home than formerly; at the +same time the development of our industrial life has notably increased +the amount of work to be done outside the home. The outcome of these +two complementary forces has been that not only the father, but often +the mother and the half-grown children as well, have been drawn into +industry. As the result of this development, the economic +interdependence of the family has been destroyed, and the way has been +opened to the disintegration of the home. Social contacts between +family members have decreased, while the specialized character of the +individual's daily work has operated to break down the common +interests which family members formerly had outside the home. + +264. LACK OF PREPARATION FOR HOME-MAKING.--The factory system has +rendered more difficult the preparation of our boys and girls for +home-making. Where boys go out to work at an early age and are +deprived of home training during the adolescent period, neither father +nor mother has the opportunity properly to acquaint them with the +nature and responsibilities of home-making. Girls very often are +reared without adequate knowledge of cooking, sewing, and other +household arts. This is due, partly to the transfer of many of the +domestic functions to specialists beyond the home, and partly to the +fact that where girls go into industry they spend most of their time +outside the home. In the case of both boys and girls, the decreased +amount of time spent in the home not only prevents proper training by +the parents, but it stresses outside interests which are too often +opposed to domestic ideals. Many parents either allow or encourage +their children to acquire frivolous habits. As the result of all of +these factors, both young men and young women frequently marry without +having been properly prepared for the responsibilities of home-making. + +265. DIFFICULTIES OF HOME-MAKING IN CROWDED CITIES.--With the +development of manufacturing, a larger and larger proportion of our +people have made their homes in large cities. To many, city life has +brought increased opportunities for education and recreation, +nevertheless it is difficult to maintain a normal home life in a +crowded city. Urban life is highly artificial Simple and wholesome +amusements are less common than expensive and injurious forms of +recreation. The noise and jar of city life often result in strain and +jaded nerves. The scarcity and high cost of house room is, for many +city dwellers, an unavoidable evil. The poor are cramped into small, +uncomfortable tenements, while even the well-to-do are frequently +found in congested apartment houses. Under such circumstances, the +home often becomes merely a lodging place. Social life is developed +out of, rather than in, the home. For the children of the poor there +is often no yard and no adequate provision for recreation. Among the +rich, conditions are somewhat better, though in fashionable apartment +houses children are frequently objected to by neighboring tenants or +banned by landlords. + +266. ECONOMIC INDEPENDENCE OF WOMEN.--Until very recently a married +woman was economically dependent upon her husband. But one of the +effects of the Industrial Revolution has been to make many women +economically independent. Women are entering the industrial field with +great rapidity, and their presence there is now taken as a matter of +course. Many women now avoid marriage, partly because domestic +interests fail to attract them, and partly because they have become +genuinely interested in industry. Where domesticity is the ultimate +aim, many women delay marriage because self-support renders them both +able and desirous of retaining their independence for a considerable +period. + +Domestic tranquillity is sometimes disturbed by the fact that wives +were formerly self-supporting girls. In most cases wives are dependent +upon their husbands in money matters, a situation which is apt to +irritate women who were formerly self-supporting. The husband is often +inclined to rate the generalized character of housework as being of +less importance than his own highly specialized work. The wife's +irritation at this may be increased by the fact that often she, too, +believes that her domestic duties are less dignified and less valuable +than her former work. + +Not only has the former independence of the wife made her less +tolerant of domestic wrongs and slights, but the realization that she +can support herself, frequently encourages her to seek a divorce. The +temptation to take this step is increased by the fact that public +opinion now rarely frowns upon a divorced woman. This is in striking +contrast to the situation two hundred years ago, when most divorced +women were not only unable to support themselves, but were socially +ostracized. + +267. POLITICAL EMANCIPATION OF WOMEN.--Until very recently women have +been legally and politically subordinate to men. As recently as a +century ago women in the leading countries of the world were allowed +neither to vote, nor to contract debts in their own name, nor to hold +or will property. + +But within the last century women have been emancipated politically. +Property rights have been extended them; the growth of the woman's +movement has resulted in the winning of female suffrage. Economic +independence and social freedom have combined with political +emancipation to emphasize the spirit of individualism among women. +Politics and club work have, in the eyes of many wives and mothers, +become more attractive than domestic concerns, with a resultant +neglect of the home. Higher education for women, including a wider +knowledge of legal matters, has acquainted women with their legal +rights and privileges, and has made them familiar with the steps +necessary to secure a divorce. + +268. INDIVIDUALISM MAY BE EXAGGERATED.--The American people are +celebrated for their strongly individualistic character. This trait is +closely related to the initiative and self-reliance which have helped +toward our industrial success; on the other hand, individualism may be +carried to the point of selfishness. It is desirable, of course, that +both men and women maintain high standards of living, and that they +cultivate their respective personalities. It should be noted, however, +that marriage is often delayed or altogether avoided because of +selfish ambition and the desire to live a care-free and self-centered +life. The insistence which many young people place upon personal +rights has encouraged the belief that marriage is intended for man's +and woman's convenience, rather than for the building of normal homes +and the development of community life. In too many marriages the +contracting parties selfishly refuse to make the mutual concessions +necessary in married life and so wreck their domestic happiness. + +269. THE DIVORCE EVIL.--Family instability has been increased by the +demoralizing influences which we have been discussing. A familiar +symptom of family instability is the divorce rate. One out of every +eight or nine marriages in the United States is dissolved by divorce. +Not only do we have more divorces than all of the rest of the world +together, but our divorce rate is increasing three times as fast as is +our population. + +The value of these statistics is affected by two factors. In the first +place, much domestic unhappiness does not express itself in the +separation of husband and wife. Or, where such separation does take +place, it may not be through the divorce court. Among the city poor, +for example, desertion is four times as common as is divorce. Thus the +divorce rate indicates only a share of family instability. + +The second modifying factor, however, lessens the force of our divorce +statistics. A high divorce rate is to be interpreted with care. Our +divorce rate is higher than that of European countries, but it should +be remembered that in those countries where customs, laws, and +religious beliefs are relatively conservative, families may be held +together legally in spite of the fact that they have already +disintegrated. Thus family life may be as unstable in a country in +which the divorce rate is low, as in a country in which the divorce +rate is high. + +270. LAXITY OF OUR DIVORCE LAWS.--Although divorce may sometimes be +necessary, it is clear that in many of the states of the Union divorce +laws are too lax. The practice of the states as regards divorce is +divergent: in South Carolina divorce is absolutely prohibited; in the +remaining states there is a variable number of grounds upon which +divorce may be secured. Divorces are often rushed through the courts, +partly because of the overworked character of the divorce tribunals, +and partly because public opinion tolerates the lax administration of +divorce laws. In some states divorces have been secured in fifteen +minutes, being granted without any attempt at solemnity, with no +adequate investigation, and with numerous opportunities for collusion +between the parties involved. The effect of this laxness has been to +encourage the dissolution of the home for trivial and improper causes. + +271. THE QUESTION OF STRICTER DIVORCE LAWS.--Uniform divorce laws +among the several states are now being agitated. The essential +provisions of such laws may be outlined as follows: It is desirable to +have a court of domestic relations, which shall carefully and wisely +attempt a reconciliation of husband and wife before divorce +proceedings are resorted to. Applicants for divorce should be _bona +fide_ residents of the state in which the suit is filed, and should be +required to reside in the state two years before a decree of absolute +divorce is granted. In some states at least, the number of grounds +upon which divorce may be secured should be reduced. An adequate +investigation should be undertaken, both in order to determine the +justice of the suit, and to prevent collusion. The primary aim of the +divorce laws should be to allow relief from a vicious and hopelessly +wrecked union, but at the same time to prevent the misuse of the +statutes by irresponsible and unscrupulous persons. + +272. LAXITY OF OUR MARRIAGE LAWS.--The fact that unwise marriages are +an immediate cause of divorce leads back to the question of our +marriage laws. Marriage laws often permit the mating of couples unfit +for home-making. In some states the authorities are not overcareful to +prevent the marriage of persons who are mentally defective. There is +among the several states no agreement as to the legal age of marriage, +and no agreement as to the relationship within which marriage is +forbidden. Hasty unions have been encouraged by the lack of solemnity +which characterizes civil marriage. Marriage is more and more a civil +contract, devoid of religious sanctions and spiritual associations. +Many consider marriage as a civil relation not radically different +from any other contract. The effect of this changed attitude has been +to encourage the enactment of loose marriage laws, and the careless +administration of sound marriage laws. + +273. THE QUESTION OF STRICTER MARRIAGE LAWS.--Stricter marriage laws +are being advocated in many states. We know far too little about +eugenics to warrant prediction as to the type of individuals best +fitted to build normal homes, but it is clearly desirable to prohibit +the marriage of all mental defectives. There are also good reasons for +the restriction of the marriage of minors, of persons between whose +ages there is a wide disparity, and of persons who are members of +widely divergent races. It would probably check hasty marriages to +increase the length of time elapsing between the issuance of the +marriage license and the performance of the ceremony. If modern +marriages were more distinctly upon a religious basis, it is likely +that many persons who now rush thoughtlessly into marriage would be +led seriously to reflect upon the significance of the step. + +274. LAW NOT THE UTLIMATE REMEDY FOR FAMILY INSTABILITY.--The careful +enactment and wise administration of sound laws on marriage and +divorce will undoubtedly check the number of unhappy and unsuccessful +marriages. Nevertheless, law is not the ultimate remedy for family +instability. Unduly restrictive marriage laws may result in abnormal +tendencies among certain classes of the population, while severe +prohibitions upon divorce may prevent individuals from securing +release from a hopelessly wrecked marriage. Divorce is only a symptom +of deeper-lying evils. Really to remove the dangers which threaten the +integrity of the family we must go deeper than legislation. + +275. ECONOMIC AND SOCIAL READJUSTMENT.--One fundamental method of +safeguarding the family is to counteract the injurious effects of the +Industrial Revolution. Poverty must be lessened or eliminated, so that +men will be enabled to marry and support families decently. The evils +of overcrowding must be attacked in the interest of a normal home +life. Mothers' pensions and social insurance are desirable methods of +protecting the laborer's family against the risks of industry. The +prohibition of child labor and the safeguarding of women in industry +will also tend to keep the family intact, and to permit proper home +training. In short, any measures which will help individuals to adjust +themselves to the economic and social changes of the present age will +provide a more firm and solid foundation for a normal family life. + +276. EDUCATION AND THE FAMILY.--Far more fundamental than legislation +on marriage and divorce is the training of young people toward a +fuller appreciation of the responsibilities of home-making. In the +problem of family instability, laws reach symptoms, while education +attacks causes. By education is here meant not merely formal training +in the school, but character-building of every type. This includes +training in the home, in the school, and in the church. Only when boys +and girls are accorded sound training by these various agencies will +they be properly prepared to make homes. + +Our whole educational system ought to emphasize the importance of a +pure and wholesome family life. The sanctity of the marriage bond, the +seriousness of family responsibilities, and the duty to rear a normal +healthy family, ought to be impressed upon every boy and girl. Young +people should be taught to consider adolescence as a period of +preparation for home-building. During this period it is the duty of +the boy to fit himself for the proper support of a family, while the +girl ought to feel obligated to become familiar with the tasks and +duties of housekeeping. The choice of a husband or wife ought to be +made, not on the basis of passing fancy, but with regard to a life of +mutual service. Extreme individualism ought to be discouraged; +personal pleasure ought to be interpreted in the light of marriage as +a partnership. Above all, marriage should be faced with the +realization that it requires adaptation and concessions on the part of +both husband and wife. Mutual consideration and respect must +predominate in the future American family, while the spirit of +impatience and selfishness must be eliminated. + + +QUESTIONS ON THE TEXT + +1. What is the significance of the family? + +2. What were the essential characteristics of the medieval family? + +3. Why is the modern family in a period of transition? + +4. Outline the effect of the Industrial Revolution upon the family. + +5. To what extent has the factory supplanted the home as an industrial +center? + +6. Discuss the difficulties of home-making in crowded cities. + +7. How have many groups of women become economically independent? + +8. Discuss the political emancipation of women. + +9. What is the extent of divorce in this country? What two factors +must be taken into account in interpreting these figures? + +10. To what extent are our divorce and marriage laws lax? + +11. What proposals have been made toward the correction of this evil? + +12. Why is law not the ultimate cure for family instability? + +13. What is the importance of economic and social readjustment in the +problem of the family? + +14. What should be the chief aims of education with regard to +preparation for home-making? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_ chapter xxiii. + +Or all of the following: + +2. Burch and Patterson, _American Social Problems_, chapter xxii. + +3. Ellwood, _Sociology and Modern Social Problems_, chapters v, vi, +vii, and viii. + +4. Goodsell, _The Family as a Social and Educational Institution_, +chapters xi, xii, and xiii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Discuss the origin of human marriage. (Ellwood, pages 97-108.) + +2. Distinguish between the maternal and paternal types of family. +(Ellwood, pages 110-128.) + +3. What was the character of the early Roman family? (Ellwood, pages +132-138.) + +4. What influence has Christianity exerted upon the family? (Ellwood, +pages 142-144.) + +5. Summarize the ways in which industry may disintegrate the family. +(Goodsell, pages 461-464.) + +6. What is the origin of higher education for women in this country? +(Goodsell, pages 439-441.) + +7. Discuss the divorce rate in this country. (Ellwood, pages 148-154; +Burch and Patterson, pages 315-321; Goodsell, pages 457-459.) + +8. Name the various grounds upon which divorce may be secured. +(Ellwood, pages 154-157; Burch and Patterson, pages 321-322.) + +9. Why is our divorce rate increasing? (Burch and Patterson, pages +322-327.) + +10. What proposal has been made relative to a uniform divorce law? +(Burch and Patterson, pages 327-328.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Interview an elderly friend for the purpose of discovering how many +commodities now produced outside the home were made within the family +circle a half century ago. + +2. Make a list of the advantages which the city offers over the +country or the small town. Make another list showing wherein it is +more difficult to maintain a normal home in the city than in the more +sparsely settled districts of the country. + +3. The extent to which girls and women in your community are going +into industrial pursuits. + +4. The marriage laws of your state. + +5. The divorce laws of your state. + +6. What amendments, if any, would you offer to the marriage and +divorce laws of your state? + + +II + +7. The primitive family. (Goodsell, _The Family as a Social and +Educational Institution,_ chapter ii.) + +8. The family in the early stages of civilization. (Burch and +Patterson, _American Social Problems,_ chapter vi.) + +9. Influence of Christianity upon the family. (Goodsell, _The Family +as a Social and Educational Institution,_ chapter vi.) + +10. The family in the Middle Ages. (Goodsell, _The Family as a Social +and Educational Institution,_ chapter vii.) + +11. The English family in the seventeenth and eighteenth centuries. +(Goodsell, _The Family as a Social and Educational Institution,_ +chapter ix.) + +12. The family in the American colonies. (Goodsell, _The Family as a +Social and Educational Institution,_ chapter x.) + +13. The feminist movement. (_Annals,_ vol. lvi, part i.) + +14. The home in the crowded city. (Riis, _Peril and Preservation of +the Home._) + +15. Desertion. (Colcord, _Broken Homes._) + +16. Divorce statistics. (Willcox, _The Divorce Problem,_ a study in +statistics; Lichtenberger, _Divorce_, chapter v.) + +17. Uniform divorce laws. (Wolfe, _Readings in Social Problems,_ +chapter xv.) + +18. Education for family building. (_Annals,_ vol. lxvii, pages 47- +53.) + + +FOR CLASSROOM DISCUSSION + +19. Should Congress be granted the power, through constitutional +amendment, to pass a Federal divorce law? + +20. Should men be required to have a minimum income before being +granted a marriage license? + +21. Is domestic science more or less important now than it was a +century ago? + +22. Are the chances of a successful marriage greater or less if +marriage takes place after both parties are more than twenty-five +years of age? + + + + +CHAPTER XXIV + +DEPENDENCY: ITS RELIEF AND PREVENTION + + +277. THE MEDIEVAL NEIGHBORHOOD.--Throughout the earlier part of the +medieval period the majority of the common people of western Europe +lived in small agricultural communities. There was little in the way +of trade or travel, for the area comprising the village or the feudal +manor was relatively self-sufficing. The interests of the people +centered almost wholly about the local neighborhood into which they +had been born, and in which they lived and died. Life was stable, and +the daily work of the peasants entailed few hazards. When, because of +illness or accident, individuals were temporarily unable to support +themselves, informal aid was extended them by neighbors and friends. +In case of a more serious dependency, growing out of physical or +mental defect, for example, the aid extended by neighbors might be +supplemented by help from the feudal lord. The few strangers in the +community found the monasteries always open to them, regardless of the +character of their need. + +278. BREAKDOWN OF THE MEDIEVAL NEIGHBORHOOD.--During the latter half +of the medieval period, and during the earlier part of the modern +period, a number of factors combined to break down this early type of +neighborhood. The Crusades, the decay of feudalism, and the +Renaissance disrupted the stable, isolated, and self-sufficing life of +the medieval neighborhood. The discovery of America and the growth of +towns and cities stimulated trade and travel. People moved about more, +strangers came into the community, family contacts and friendships +were broken, and community life became more impersonal. For many +people a change of habitation or of occupation increased the hazards +of life, while the decline of the neighborhood spirit made informal +aid by neighbors and friends less available. To meet the growing needs +of the dependent classes, the Church extended and improved its system +of almsgiving. To a greater extent than ever before the monasteries +became havens of refuge for the helpless and friendless. The clergy +not only themselves dispensed alms, but encouraged the wealthy laity +to do likewise. + +Unfortunately, however, the aim of almsgiving in this period was not +so much to help the dependent back to self-support, as to increase the +piety of the individual dispensing the alms. Pauperism was looked upon +as inevitable, and the moral effect upon the giver was generally of +more importance than was the use that the needy made of the alms +received. + +279. RISE OF THE URBAN NEIGHBORHOOD.--The breakdown of the medieval +neighborhood was completed by the Industrial Revolution. The factory +system drew large numbers of countrymen to the cities. Here they +worked long hours in insanitary work-shops, and lived in crowded +tenements devoid of many improvements which we now regard as necessary +to health and comfort. Home life was disrupted, and neighborhood ties +were broken in the process of adjusting agricultural laborers to the +factory system. The medieval neighborhood began to be supplanted by a +new type of neighborhood, one primarily urban and impersonal in +character. This new type of neighborhood brought with it greater +hazards for the poor, and at the same time offered fewer opportunities +for mutual aid between neighbors. Under such circumstances, the +problem of dependency became increasingly serious. + +280. EXTENT OF DEPENDENCY IN MODERN TIMES.--One of the vital problems +of American democracy is the proper care of those individuals who are +unable, either to support themselves, or otherwise to protect +themselves against the hazards of modern life. The extent to which +individuals are dependent for help upon agencies outside their family +circle is unknown. Statistics are meager, and the complex nature of +dependency renders it difficult of measurement. Perhaps a reasonable +estimate of dependency in the United States is that at some time +during the year about five per cent of the population seeks charitable +assistance. The total amount expended annually for the care of the +dependent classes in the United States is more than half a billion +dollars. + +281. CAUSES OF DEPENDENCY.--The causes of dependency in a modern +community are difficult to analyze. Generally the applicant for +charity is not in a state of dependency because of a single isolated +cause, but because of a number of combined causes, interlocking in a +most confusing way. In the effort to throw light upon this tangled +situation, let us briefly survey the problem from the economic, +social, personal, and political viewpoint. + +From the economic viewpoint much dependency is the result of +maladjustments in industry. Most laborers have little or no savings, +so that when unemployment, strikes, industrial accidents, or crises +interrupt their earnings, they are soon forced to fall back upon +charity. Economic causes figure in from fifty to eighty per cent of +charity cases, either as minor or major factors. In the majority of +these cases the unemployment or other handicap of the laborer is due +to industrial maladjustments beyond his power to control. + +Closely connected with the economic causes of dependency are the +social causes. The crowding of large numbers of workmen into cities +leads to abnormal living conditions, which encourage ill-health, +disease, and vice. Among unskilled laborers, poverty and the large +number of children often prevent the young from securing a helpful +amount of education. The lack of wholesome and inexpensive recreation, +and the existence of costly and injurious forms of entertainment, +encourage unwise expenditure of savings, and, to that extent, may +influence dependency. Child labor and the employment of mothers in +industry prevent a normal family life, and may be intimately +associated with illiteracy, low moral standards, and pauperism. + +Often indistinguishable from social causes are the personal causes of +dependency. Laziness, irresponsibility, and thriftlessness figure in +from ten to fifteen per cent of charity cases. Penniless old age is +often the outcome of bad personal habits in youth and middle life. +Idling, gambling, and other vicious habits are important causes of +pauperism. Sickness is a factor in at least a third of charity cases, +while disease figures in seventy-five per cent of such cases. Physical +or mental defect is of great importance in dependency, often +accompanying bad personal habits as either cause or effect. The +feeble-minded, the epileptic, and the insane constitute a serious +burden upon the community. + +Defects in government have in some cases either encouraged dependency, +or have perpetuated it. In so far as we have neglected legislation +designed to reduce the force of industrial maladjustments, political +factors may be said markedly to influence dependency. Our tardiness in +protecting the labor of women and children is certainly responsible +for a share of dependency. Our failure to adopt a comprehensive +program of social insurance has added to the burden upon charity. +Housing is receiving more and more attention in our cities, yet the +living quarters in many districts continue to be sources of ill-health +and vice. Probably we shall eliminate a share of dependency when we +shall have established a comprehensive system of state and Federal +employment bureaus. The wise restriction of immigration is also +important, as is the matter of vocational education for the unskilled +classes. + +282. THE GIVING OF ALMS.--Until the period of the Reformation in +Europe, the distribution of alms by the clergy and by pious laymen was +the chief method of dealing with the problem of dependency. Then the +Reformation crippled the temporal power of the Church, and +ecclesiastical almsgiving declined in importance. The place formerly +held by the Church was filled, partly by public almshouses or +workhouses, and partly by indiscriminate and unorganized almsgiving on +the part of kind-hearted individuals. Individuals distributed alms +chiefly to dependents with whom they were personally acquainted, and +whose needs could be effectively met without their being removed to an +institution. Wandering dependents, and unfortunates whose needs were +relatively serious and permanent, were cared for in the almshouse. +This latter institution developed very early in England, and appeared +in colonial America in the seventeenth century. Until about 1850 it +was often the only institution in American communities which cared for +the helpless adult dependent. The almshouse, as it existed in this +country a few decades ago, has been described as a charitable catch- +all, into which were crowded paupers, the insane, the feeble-minded, +the blind, the orphaned, and other types of dependents. + +283. ALMSGIVNG PROVES INADEQUATE.--The attempt to meet the problem of +modern dependency solely by the giving of alms illustrates the +difficulty of employing an ancient and simple method of treatment for +a disease which has become highly complex. + +Almsgiving by individuals very often pauperizes rather than helps the +individual to help himself. When the dominant aim of the almsgiver is +to satisfy himself as to his piety, it is only by accident that the +alms really help the recipient. Very often what is needed is not money +or material aid in other form, but wise direction and friendly advice. +There is still a great deal of unwise and indiscriminate almsgiving by +individuals, but the spread of new ideals of social help is probably +cutting down the amount. + +The almshouse, as it existed in the last century, was productive of +much evil. Very often superintendents were allowed to run these +institutions for personal profit, a practice which allowed the +exploitation and neglect of the inmates. The practice of herding into +this generalized institution every variety of dependent had great +drawbacks. Specialized care and treatment were impossible. Disease was +transmitted, and vice encouraged, by the failure properly to segregate +various types of dependents. Inmates were in many cases allowed to +enter and leave the institution at will, a privilege which encouraged +shiftlessness and improvidence. + +284. THE EVOLUTION OF NEW IDEALS.--After the middle of the last +century our attitude toward the dependent classes began to change +rapidly. There was a gradual abandonment of almsgiving as the sole +method of attacking dependency. Rising standards of conduct +contributed to the development of new ideals, some of them now fairly +well established, and some of them still in the formative process. The +general content of these new ideals may be briefly described as +follows: + +The primary aim of those who come in contact with the dependent +classes should be to help those classes, rather than to satisfy pious +aspirations or to indulge sentimental promptings. Rather than +believing that alms are helpful because they are gratefully received, +we should first discover what will help the dependent, and then train +ourselves and him to take satisfaction in that which is helpful. + +Poverty is not to be taken for granted. It is neither inevitable nor +irremedial. It is a social disease which we must attack with the aim +of destroying. + +When individuals are found in an emergency they should be given +relief, regardless of personal merit. The extension of relief in case +of fire, flood or other accident is only an act of humanity. + +A different and more productive form of help is remedial work. This +type of work often accompanies and follows relief work. It is +corrective, for example, the finding of employment for a friendless +man, or the medical treatment of a sick man, is remedial work. + +A still higher form of social work is preventive. Hand in hand with +the giving of work to friendless men, and the curing of sick men, for +example, we must undertake measures which will prevent a recurrence of +unemployment on the one hand, and illness on the other. Preventive +work is often indirect, but ultimately it is the most important type +of social work. + +Recently there has been a reaction against almsgiving or pure charity, +and a distinct tendency to develop what may be called the concept of +social service. Charity is too often concerned with the pauper class; +social service is a wider term and includes not only what was formerly +known as charity, but also child welfare, settlement work, folk +dancing, and other socializing activities which are helpful in a +modern community, but which have nothing to do with alms. Charity too +often pauperizes and degrades; social service encourages self-help and +self-expression in the vital social relations. Formerly charity was +almost exclusively the function of the pious and the sympathetic; the +present tendency is for social service to become a distinct +profession, administered by highly trained specialists. + +285. THE STAGE OF SPECIALIZATION.--One of the signs that we are +recognizing the growing need of an individualized treatment of +dependents, is the degree to which our social service agencies are +becoming specialized. The treatment of the dependent may take either +an institutional or a non-institutional form. Let us briefly notice +the specialization in each of these forms. + +The almshouse, almost universal a century ago, is being rapidly +displaced by a series of specialized institutions. In most states +there are now separate institutions for the treatment of the +pauperized, the diseased, the blind, the deaf, the insane, the feeble- +minded, and the otherwise dependent. Inmates of these institutions are +given special treatment by experts. When the defect has been remedied, +the patient is released; in case remedy is impossible, the individual +is segregated and accorded humane and sympathetic treatment during the +rest of his life. This prevents the untold harm of releasing defective +and irresponsible people into the community. Institutions of this +character are largely under state control, and are intended primarily +for individuals who cannot be properly treated in their homes. + +Dependents who are only slightly or temporarily handicapped, or who +are not in need of special treatment, may be best cared for in their +homes and by private individuals or associations. In this non- +institutional form of social service there is also a high degree of +specialization. The casual almsgiver has been succeeded by a whole +series of social service agencies. Prisoners' aid societies, +employment bureaus, immigrant aid societies, flower missions, +Americanization clubs, recreation centers, housing clubs, community +nursing clubs, and scores of other organizations have sprung up. Every +large city in the United States has several hundred of these +organizations, each attacking social problems of a special type. + +286. NECESSITY OF COÖRDINATION.--Specialization in social service has +been followed by the development of means of coördinating the various +specialized agencies. + +That there is urgent need of such coördination has been repeatedly +called to our attention. It is still true that often the institutions +for the dependent classes within a single state pursue different +methods, and so limit their separate fields that many types of +dependents are inadequately cared for. + +Among the large number of private agencies there has been a great +waste of time and energy. The fact that each society is independent of +its fellows has meant that in some fields of social service efforts +were duplicated, while other fields were neglected. Cases demanding +treatment by several agencies could not be given adequate care because +of the lack of correlation among such agencies. Beggars often imposed +upon a number of different societies by assuming different names. Each +society had its own periods of campaigning for funds, a practice which +meant an excess of tag-days and campaigns and a waste of time and +energy on the part of social workers. + +287. COÖRDINATION OF PUBLIC INSTITUTIONS.--The coördination of public +institutions for the dependent and defective classes proceeded rapidly +after 1880. At present the situation in the various states is somewhat +as follows: + +The actual administration of local institutions is generally in the +hands of the town or county authorities. Large cities, however, often +have a system of institutional relief separate from that of the county +in which they are located. In many states the local authorities are +subject to some measure of central supervision by a state board, which +is called by various names. In most cases this is merely an advisory +board with power to inspect state institutions, and to make +recommendations to the governor or state legislature. More recently, +there is a tendency to go still further, and to reorganize and +consolidate the various state institutions so as to bring them +directly under the control of a state board or commission. In several +states the board is already one of control, that is to say, it has the +power not only to inspect the various institutions of the state, but +also the power to appoint their superintendents, and, in general, to +administer the institutional relief of the state. + +288. COÖRDINATION OF PRIVATE AGENCIES.--The movement to coördinate +social service agencies of a private nature has been relatively slow +and unsatisfactory. This has been due, partly to the large number of +societies involved, and partly to the lack of any centralized +authority to supervise such organizations. In some large cities there +has been a considerable degree of consolidation among societies which +are purely charitable, but among the large number of social service +organizations which are not purely charitable, the coördinating +process has not gone beyond the functional stage. In this stage the +various social service agencies of a city remain separate and +distinct, but may become members of a council or federation which +serves to coördinate their various functions. [Footnote: In this +functional coördination the "consolidated" or "united" charities of +the city generally appear as a single organization.] + +The aim of this functional coördination is to secure the greatest +degree of coöperation possible without the actual amalgamation of the +coöperating agencies. Imposition by beggars is unlikely, because a +clearing house of information keeps the various agencies informed as +to the work of one another. By periodic reference to a centralized +system of card indices, different societies may keep informed to what +types of social work are being duplicated, and as to which lines of +effort are being neglected. Where the social service agencies of a +city are thus coördinated, an applicant applies to the central agency +and is then directed to the organization best suited to meet his +needs. Such coördinating agencies stress the necessity of scientific +work which will aid in the adjustment of personal relations and help +secure the maximum of result with the minimum of expenditure. + +289. THE NEIGHBORHOOD OF THE FUTURE.--The small, stable, and +relatively unprogressive neighborhood of the early European period has +disappeared before the important economic, social, and political +changes of the last five centuries. The typical neighborhood of modern +times is larger, more inclined to be made up of transient and +dissimilar types of people, and more impersonal. It is more +progressive, but more likely to hold hazards for the average +individual. The whole period since the Industrial Revolution has been +one of neighborhood readjustment, of which many aspects of the +problems of crime, the family, and dependency are phases. The new type +of neighborhood has probably come to stay, but there are indications +that life in the community of the future will prove less and less +hazardous. The development of professional social service, growing out +of the charity movement, but now embracing community work of every +kind, will probably lessen the evils of the modern neighborhood, and +retain its desirable features. + + +QUESTIONS ON THE TEXT + +1. Describe the character of the medieval neighborhood. + +2. What factors contributed to the breakdown of the medieval +neighborhood? + +3. What effect did the Industrial Revolution have upon the +neighborhood? + +4. What is the extent of dependency in modern times? + +5. What are the economic causes of dependency? + +6. What are the social causes of dependency? + +7. What are the personal causes of dependency? + +8. How may defects in government contribute to dependency? + +9. Discuss the giving of alms in early Europe. + +10. Why is almsgiving inadequate as a method of treating dependency? + +11. Outline the new ideals which recently have begun to influence the +treatment of the dependent. + +12. What is the nature of social service? + +13. Discuss specialization in social service. + +14. Why is coördination a necessary step when social service agencies +have become highly specialized? + +15. What may be said as to the character of the neighborhood of the +future? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxiv. + +Or all of the following: + +2. Devine, _Misery and its Causes_, chapter v. + +3. Devine, _Principles of Relief_, chapter ii. + +4. Guitteau, _Government and Politics in the United States_, chapter +xiv. + +5. Warner, _American Charities_, revised edition, chapters iii and +xxii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Why is it difficult to classify the causes of poverty? (Devine, +Misery and its Causes_, pages 167-169.) + +2. What are the objective causes of dependency? (Warner, page 41.) + +3. What are the subjective causes of dependency? (Warner, page 42). + +4. What is the Charity Organization Society? (Warner, page 450.) + +5. Why did the Charity Organization Society arise? (Warner, page 451.) + +6. Where did the first society of this type arise? (Warner, page 451.) + +7. Discuss the methods of the Charity Organization Society. (Warner, +page 458.) + +8. What is the nature of the machinery employed by the Charity +Organization Society? (Warner, page 458.) + +9. What are the essentials of a sound relief policy? (Devine, +_Principles of Relief_, page 13.) + +10. Under what circumstances should charitable aid be refused? +(Devine, _Principles of Relief_, page 21.) + +11. What is meant by the term "medical charities"? (Guitteau, page +154.) + +12. What is the great aim of social service? (Devine, _Misery and its +Causes_, page 235.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a study of your neighborhood with regard to some or all of the +following points: (a) Increase in population (b) Changes in the racial +type of the population (c) Changes in the occupational tendencies of +the population (d) Changes in the spirit of neighborliness (e) Changes +in the administration of relief to dependents. + +2. Study the causes of dependency in your community with regard to the +influence of economic, social, personal and political factors. (For +this information, interview local social workers.) + +3. Study an actual charity case, and make a diagram or sketch showing +the number of factors involved. + +4. Make a visit to an almshouse (sometimes called the poorhouse), and +report to the class upon conditions there. + +5. List and classify the types of institutions which care for +dependents in your state. + +6. The extent to which institutions for the dependent have been +coördinated in your state. + +7. Classify the agencies which are performing some type of +professional social service in your community. + +8. Interview a local social worker with regard to his or her ideals of +social service. (Compare the result with the ideals set forth in +Section 284 of this chapter.) + + +II + +9. The personal causes of degeneration. (Warner, _American Charities_, +chapter iv.) + +10. The social causes of degeneration. (Warner, _American Charities_, +chapter vi.) + +11. Desertion. (Devine, _Principles of Relief_, chapter xi.) + +12. Dependent children. (Devine, _Principles of Relief_, chapter ix; +Warner, _American Charities_, chapter xii.) + +13. Relief in the home. (Devine, _Principles of Relief_, chapter vi.) + +14. Relief in disasters. (Devine, _Principles of Relief_, part iv.) + +15. Beggars and impostors. (Conyngton, _How to Help_, chapter ix.) + +16. Volunteer work in charitable relief. (Devine, _The Practice of +Charity_, chapter vi.) + +17. The social settlement. (Conyngton, _How to Help_, chapter xxvi.) + +18. The insane and the feeble-minded. (Warner, _American Charities_, +chapters xiv and xv.) + +19. Medical charities. (Cabot, _Social Work_; Henderson, _Introduction +to the Study of the Dependent, Defective and Delinquent Classes_, part +ii, chapter viii.) + +20. Organization of charity in England. (Henderson, _Introduction to +the Study of the Dependent_, etc., chapter iv.) + +21. Organization of charity in France. (Henderson, _Introduction to +the Study of the Dependent_, etc., chapter ix.) + +22. Organization of charity in Holland. (Henderson, _Introduction to +the Study of the Dependent_, etc., chapter v.) + +23. Organization of charity in Germany. (Henderson, _Introduction to +the Study of the Dependent_, etc., chapter i.) + +24. The spirit of social work. (Devine, _The Spirit of Social Work_.) + +25. Tendencies in social service. (Warner, _American Charities_, +chapter xxiii.) + + +FOR CLASSROOM DISCUSSION + +26. To what extent is the number of inmates in institutions for the +dependent classes an accurate guide to the extent of dependency +throughout the state or nation? + +27. Should all institutions for the dependent classes be placed under +the direct control of the state authorities? + +28. Should the state authorities attempt to administer relief to +dependents who remain in their homes? + +29. Should the giving of alms by individuals be abandoned in favor of +the practice of treating dependency entirely through professional or +official agencies? + +30. What should we do when street beggars ask us for money? + + + + +CHAPTER XXV + +RURAL LIFE + + +290. THE SIGNIFICANCE OF RURAL LIFE.--Agriculture is our oldest and +most basic industry. Almost half of our people are found in the rural +districts, most of them subsisting directly upon the products of farm, +forest, and range. Directly or indirectly our cities are largely +dependent upon the country. The foodstuffs consumed in cities, as well +as the vast quantities of raw materials used by our manufacturing +industries, come largely from the rural districts. To some extent even +our urban population is recruited from the ranks of the country folk. +Altogether, American rural life is a matter of vital concern to the +nation. "Our civilization rests at bottom," Theodore Roosevelt once +said, "upon the wholesomeness, the attractiveness, and the +completeness, as well as the prosperity, of life in the country." + +291. NATURE OF THE RURLAL PROBLEM.--Contrary to popular belief, the +rural problem arises not so much from the actual degeneration of rural +society, as from the fact that many rural districts have failed to +progress as rapidly as have urban communities. Compared with his +predecessor of a century ago, the farmer of to-day is better fed, +better clothed and housed, and better able to secure adequate +education and recreation. At the same time the relatively greater +advances which urban communities have made in economic and social +activities render the improvement of rural life highly desirable. The +specific problem of rural life is to develop in the country economic +and social institutions which are especially adapted to the farmer's +needs. Not until this is done shall we be able to maintain on our +farms a class of people who can make the maximum contribution to +American life in all of its phases. + +292. THE RURAL PROBLEM IS OF RECENT ORIGIN.--The most spectacular +development in American economic life has been the introduction and +growth of the factory system. Commerce and manufactures were important +during even the colonial period, and during the first half century of +our national history our dominant economic interest was the fostering +of manufacturing, domestic trade, and transportation. With the +development of manufacturing came the growth of the cities, and with +the growth of the cities added attention was called to immigration, +crime, health, and related social problems. Farm life, so familiar and +apparently so healthful, was not thought of as constituting a national +problem until late in the nineteenth century. + +293. THE CITYWARD DRIFT.--A half century ago more than three fourths +of our population was rural; to-day less than half of the people of +the United States live in the country. Both urban and rural districts +have been steadily increasing in population since the opening of the +nineteenth century, but since 1900 the city population has increased +three times as fast as has the rural population. One reason for this +more rapid growth of the cities is that since the eighties the +majority of our immigrants have flocked to the cities rather than to +the rural districts. Another reason, however, is that the country +people have been drifting to the towns and cities. This cityward drift +has an important bearing upon the character of rural life. + +294. REASONS FOR THE CITYWARD DRIFT.--A number of factors explain the +tendency of rural people to move to the cities. The perfection and +wider use of farm machinery have decreased the need for farm laborers, +and the excess laborers have gone to the towns and cities. The fact +that urban industries offer shorter hours, better pay, and cleaner +work than does farming has attracted many young country people. The +isolation of farm life and its frequent lack of comforts have impelled +many country dwellers to move to the cities. Some country people have +gone to the city in order to be near schools and churches, and in +order to have access to competent doctors and well-equipped hospitals. +The craving for a more fully developed social life than many rural +districts afford, has been an additional cause of the cityward drift. +Unfortunately, the glamour of urban life, with its spectacles and its +artificial pleasures, has also been a factor in the movement away from +the country. + +295. WHEREIN THE CITYWARD DRIFT IS DESIRABLE.--In some respects the +cityward drift is a desirable development. When laborers who are no +longer needed on the farms move cityward, the cityward drift may have +the beneficial effect of removing such laborers to where they can find +employment. It should also be remembered that successful rural life +requires qualities which may be lacking in many individuals born and +raised in the country. In so far as the cityward drift is composed of +such individuals, it may be a helpful movement, since individuals +unsuited to rural life may find themselves adapted to some type of +urban life. When unneeded and unhelpful individuals are removed from +the country, the rural population may be more efficient and more +prosperous, even though relatively more sparse. + +296. WHEREIN THE CITYWARD DRIFT IS UNDESIRABLE.--In so far as the +cityward drift brings to the city individuals unsuited to urban +conditions, the movement away from the country may be undesirable. It +is certainly undesirable when the individuals in question are really +suited to rural life. The tendency of young people to move to the +cities may ultimately deprive the country of its natural leaders. +Certainly the colleges and factories of the cities often drain the +country of its most able and ambitious boys and girls. The cityward +migration of such persons may strengthen the urban population, but it +weakens rural society and retards the progress of rural institutions. + +297. STATUS OF THE "BACK TO THE LAND" MOVEMENT.--Some reformers have +sought to offset the cityward drift by an artificial "back to the +land" movement. In so far as it would bring to the country persons +really able to contribute to rural life, this movement is a desirable +one. In so far as it would bring to the country persons unprepared or +unable to adapt themselves to rural conditions, such a movement is +injurious. On the basis of the data now available, we are warranted in +concluding that the "back to the land" movement is founded upon +sentiment and caprice rather than upon sound principles. It attacks +the rural problem at the wrong end. If the natural leaders of the +country are repelled by rural life and attracted by urban conditions, +the remedy is not to create an artificial movement toward the country, +but rather to make rural life so attractive that country boys and +girls will prefer it to city life. The chief question before us is +this: How can the country be made so attractive that individuals +interested in, and suited to, rural life may be encouraged to lend +themselves to its fullest development? Let us see what is being done +toward answering this question. + +298. HOW THE FEDERAL GOVERNMENT IS HELPING TO MAKE RURAL LIFE +ATTRACTIVE.--The material prosperity of the American farmer is due, in +considerable part, to the activities of the Federal government. For +more than a half century the Department of Agriculture has +systematically encouraged various phases of agricultural industry. The +Department conducts investigations and experiments designed to give +farmers helpful information concerning soils, grains, fruits, and live +stock. It distributes seeds gratuitously, and attempts to encourage +scientific methods among farmers. The Department issues a Year-book, a +Monthly Weather Review, a Crop Reporter, and a series of Farmers' +Bulletins. Among the more important subdivisions of the department are +the bureau of animal industry, the bureau of soils, the bureau of +markets, and the office of farm management. The work of the Department +of Agriculture is ably supplemented by the work of the Reclamation +Bureau, which, under the direction of the Secretary of the Interior, +is increasing the productivity of waste and arid lands. + +299. THE FEDERAL FARM LOAN ACT.--The growing need of credit facilities +among farmers resulted in 1916 in the passage of the Federal Farm Loan +Act. By the terms of this act, the United States is divided into +twelve districts, in each of which a Federal land bank is established. +A Federal Farm Loan Board has general charge of the entire system, but +each Farm Loan Bank is allowed a large measure of freedom in its own +district in the organization of local Farm Loan Associations. A local +association is made up of a number of farm owners, or persons about to +become owners, who desire to borrow money. The Bank will not deal with +the individual farmer except through the local association, but when a +farmer has been vouched for by this association, he may receive from +the Bank of his district a loan at not more than six per cent +interest. The Bank authorizes loans for the purchase or improvement of +land, for the purchase of live stock, and for the erection of farm +buildings. Loans must be secured by first mortgages not exceeding in +amount fifty per cent of the assessed value of the land and twenty per +cent of the value of the improvements thereon pledged as security. +Loans may run from five to forty years, and provision is made for the +gradual payment, in small sums, of both principal and interest. + +300. MARKETING NEEDS OF THE FARMER.--A problem vitally affecting not +only the farmer but the urban consumer as well, has to do with the +marketing of farm produce. The price of farm produce often doubles or +trebles between the farm and the urban kitchen. This is largely +because of a cumbersome marketing system and an overabundance of +middlemen. Often the farmer gets entirely too little for his produce, +while the city housewife pays too much for it. If the farmer is to +secure a larger return for his labor, and if the cost of foodstuffs in +cities is to be reduced, we must devise more efficient methods of +marketing farm produce. + +There is a general agreement among experts that in the marketing of +farm produce there ought to be some method of securing the coöperation +of farmer, urban consumer, and government. The further improvement of +country roads, together with the development of trolleys, motor +trucking and other means of farm-to-city transport would reduce +haulage charges. The number of public markets in cities should be +increased, so that farm produce might be sold to consumers without the +interference of unnecessary middlemen. The grading and standardization +of farm products would also facilitate sale by making it unnecessary +for prospective purchasers minutely to examine goods offered by the +farmers. In some cases farmers might advantageously sell their produce +directly to urban consumers. The coöperative marketing of farm +produce, also has the effect of reducing the number of middlemen. +[Footnote: See Chapter XII, Section 116.] + +One of the most important phases of marketing reform is the regulation +of commission dealers. Many farmers commonly ship their produce to +commission dealers in the city. These dealers are supposed to sell +this produce and to return to the farmer the money thus secured, minus +a small commission. In many instances these middlemen return to the +farmer smaller sums than market conditions entitle the farmer to. At +the same time, commission dealers often add an excessive amount to the +price which they in turn ask of retailers and consumers. In a few +states commission dealers handling farm produce must now be licensed. +They are obliged to keep records which will enable an inspector to +tell whether or not they have made false returns to farmers concerning +the condition of goods on arrival, the time at which sold, and the +price secured. A dealer convicted of dishonest methods loses his +license. The future should see an extension of this licensing system. + +301. OTHER ECONOMIC NEEDS OF THE FARMER.--The economic position of the +farmer has been materially strengthened within the last forty years, +yet much remains to be done before farming may be considered an +altogether satisfactory and attractive occupation. Tenancy in rural +districts needs to be studied carefully. Tenancy is not necessarily an +evil, especially where it is a step toward ownership, but its rapid +increase in this country has caused many serious problems to arise. +From both the economic and the social point of view it is desirable +that farmers own their land. Tenants have no permanent interest in the +upkeep of the farm or in the rural community. Where tenancy is +widespread, land and buildings deteriorate, and the development of +rural institutions is slow. + +Machinery is shortening the hours of labor for the farmer, and +scientific farming is increasing his efficiency; nevertheless, in most +sections of the country rural life still means long hours of hard +labor for small returns. Many farmers still work ten hours a day in +winter, twelve in summer, and from thirteen to fifteen in the harvest +season. Despite this sustained effort, the perishable character of his +product, the uncertainty of weather conditions, and his dependence +upon commission dealers, too often jeopardize the returns to the +farmer. + +302. RURAL HEALTH.--We have noticed that in some cases people have +moved to the city because in the country doctors tend to be both +scarce and poorly trained, while frequently hospitals are +inaccessible. + +Recently a number of influences are counteracting this relative +backwardness. The isolation of the rural dweller is disappearing +before the automobile and the telephone. In many sections able doctors +are increasingly plentiful. In most rural districts which are near +large cities, there is now an efficient system of visiting nurses, +free clinics, and health bulletins. Health campaigns are spreading the +fundamental principles of sanitation into many of the outlying +districts also. + +But these measures, while helpful, are only a beginning. In the more +isolated rural sections especially, ignorance of sanitary methods is +still a serious evil. Many rural dwellers still rely upon traditional +but ineffective remedies for common complaints. Quacks having nostrums +and injurious patent medicines to sell often prey upon rural +communities in which there is no adequate provision for doctors, +nurses, and hospitals. Rural diet is often so heavy as to encourage +stomach disorders. Farmhouses are in many cases poorly ventilated in +summer and overheated in winter. Stables and stock pens are invariably +so close to the farmhouse as to render difficult the protection of the +dwelling against flies and mosquitoes. + +303. THE RURAL SCHOOL.--The chief educational institution in rural +districts has long been the small district school, inadequately +supported and often inefficiently conducted. + +But recently rural education has shown many signs of improvement. In +most sections of the country the development of farm machinery has so +reduced the amount of manual labor on the farm that rural children are +enabled to remain in school for a longer period than formerly. The +district school is in many cases being supplanted by the consolidated +school. Under the consolidation plan, a single large and well-equipped +school-house takes the place of a number of separate, small schools, +indifferently equipped. When consolidation is accompanied by improved +means of transporting children to school, the advantages of the plan +are numerous. Because consolidation is a more economical arrangement +than the old district plan, it allows larger salaries to be offered. +This in turn allows the rural school to secure a higher grade of +teacher. The trained educator is also attracted by the fact that the +consolidation of rural schools allows curricula to be standardized and +enlarged. Scientific agriculture and allied subjects are slowly +finding their way into the rural grade school. The rural high school +is beginning to appear. + +In some sections of the country, on the other hand, the rural school +is still in an unsatisfactory condition. In a number of states the +rural school needs a more intelligent and consistent support from the +taxpayers, in order that better teachers, more and better +schoolhouses, and better working equipment may be provided. In many +sections of the country there is very little understanding of the +advantages of school consolidation and the necessity of more adequate +rural education. It is desirable that rural schools be more closely +correlated with the admirable work being done by experiment stations +and agricultural colleges. The agricultural press might well coöperate +with the rural schools in attacking the problems of country life. +Without doubt the rural school curriculum should place more emphasis +upon practical agriculture and other subjects which will demonstrate +the dignity and attractiveness of rural life. Finally, it is desirable +that an increasing use be made of the schoolhouse as a social center. + +304. THE RURAL CHURCH.--The rural church, though an older institution +than the rural school, is advancing less rapidly. In many sections the +cityward drift has drained the able ministers to the city, leaving +inferior men to carry on the work of the rural church. Other rural +sections have never had the benefit of an able clergy. In every part +of the country it often happens that country ministers are not only +inadequately trained, but are uninterested in rural problems. + +One of the greatest needs of the American farming community, +therefore, is for a vitalized church. In many places rural districts +are overchurched, and there is great need of some such consolidation +as has been developed among rural schools. This development would so +decrease the number of ministers needed that higher salaries could be +offered. This, in turn, would attract more highly trained ministers to +the country. It is also desirable that rural ministers be trained to a +keener appreciation of the economic and social problems of the +country, with a view to making religion a practical help in solving +the problems of everyday life. An efficient and vitalized church could +advantageously be used as a focal point for the development of every +phase of rural community life. + +305. ISOLATION THE MENACE OF RURAL LIFE.--Isolation may be said to be +the menace of rural life, as congestion is the menace of urban life. +In many out-of-the-way rural districts isolation has resulted in moral +inertia and intellectual dullness. Isolation has weighed particularly +hard upon the farmer's wife. Often she is called upon, not only to +rear a large family, but to cook and keep house for hired men, raise +poultry and garden stuff, and even to help in the fields during the +harvest season. In spite of this deadening routine, she has had fewer +chances than the farmer to go to town, to meet people, or otherwise to +secure a share of social life. + +306. COMMUNITY SPIRIT IN THE COUNTRY.--In view of the injurious +effects of rural isolation, it is encouraging to note the beginnings +of a genuine community spirit in country districts. To a considerable +extent this development is the result of improved means of +transportation and communication. The coming of the automobile, the +telephone, and the trolley, the development of the rural free +delivery, the parcel post, and the agricultural press,--all these +factors have been important. The farmer has been enabled to share more +and more in the benefits of city life without leaving the farm. Even +more important, perhaps, improved methods of transportation and +communication have stimulated social intercourse among farmers. +Coöperation in church and school work has been encouraged. Clubs and +community centers are more practicable where farmers make use of the +automobile and the telephone. The fair and the festival are also +proving to be admirable methods of developing the coöperative spirit +in rural life. + +The growing realization among students of rural life that a strong and +constructive community spirit is not only desirable but possible, is +encouraging an interest in rural problems. The development of such a +spirit must ultimately stimulate a healthy social life in the country, +with a resultant increase in health and prosperity, not only for the +farmer but for the nation as a whole. + + +QUESTIONS ON THE TEXT + +1. What is the significance of rural life? + +2. What is the nature of the rural problem? + +3. Why is the rural problem of recent origin? + +4. What is meant by the cityward drift? + +5. To what extent is this drift desirable? To what extent is it +undesirable? + +6. What can be said as to the "back to the land" movement? + +7. How does the Department of Agriculture help the farmer? + +8. What is the object of the Federal Farm Loan Act? + +9. Why is the marketing of farm products a problem? + +10. What are some suggestions for solving this problem? + +11. Discuss the recent improvement in rural health. + +12. In what way is rural health still in an unsatisfactory condition? + +13. What is the purpose of consolidating the rural schools? + +14. What can be said as to the condition of the rural church? + +15. What is the effect of isolation upon farm life? + +16. What has been the effect of improved means of transportation and +communication upon community spirit in rural districts? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxv. + +Or all of the following: + +2. Butterfield, _The Farmer and the New Day_, chapter iii. + +3. Carney, _Country Life and the Country School,_ chapter i. + +4. Carver, _Rural Economics,_ chapter vi. + +5. Ely, _Principles of Economics,_ chapter xxxix. + + +QUESTIONS ON THE REQUIRED READINGS + +1. In what way is the rural problem threefold? (Butterfield, pages 30- +31) + +2. What changes have taken place since 1850 with regard to the size of +American farms? (Ely, pages 596-603.) + +3. What problem arises in connection with the control of land in this +country? (Butterfield, pages 40-41.) + +4. Is absentee landlordism a danger in American rural life? (Ely, page +605.) + +5. How could farm management in this country be improved? +(Butterfield, pages 42-45.) + +6. Discuss coöperation among Danish farmers. (Carver, pages 357-358.) + +7. Discuss agricultural credit in Europe. (Ely, pages 611-613.) + +8. In what way is rural local government a problem? (Butterfield, page +47.) + +9. Name an important defect of the rural church. (Carver, pages 343- +344.) + +10. What are the chief organizations which are aiding in the +reconstruction of the rural community? (Carney, page 13.) + +11. What is the importance of community building in the country? +(Carney, pages 9-10.) + +12. What is the importance of federating all of the social +organizations of a rural community? (Carney, page 16.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Nature of the cityward drift in your section. + +2. Extent to which there is a "back to the land" movement in your +section. + +3. Work of the Federal Farm Loan Bank of your district. If possible, +interview a farmer as to the advantages and disadvantages of the +Federal Farm Loan system. + +4. Work of the agricultural college in your state. + +5. Use of the automobile by farmers in your locality. + +6. Food markets in your neighborhood. + +7. Draw up a program for reducing the cost of food distribution in +your section. (Consult King, _Lower Living Costs in Cities_, chapter +xiii.) + + +II + +8. Transportation in rural districts. (Vogt, _Introduction to Rural +Sociology_, chapter iv; Gillette, _Constructive Rural Sociology_, +chapter ix; Waugh, _Rural Improvement_, chapter iii.) + +9. The marketing of farm products. (Weld, _The Marketing of Farm +Products; Annals_, vol. xlviii, pages 91-238; King, _Lower Living +Costs in Cities_, chapter x; Harris, _Coöperation, the Hope of the +Consumer_, chapter iii.) + +10. Tenancy. (_Annals_, vol. xl, pages 29-40; Vogt, _Introduction to +Rural Sociology_, chapter v.) + +11. Rural hygiene. (Ogden, _Rural Hygiene_; Gillette, _Constructive +Rural Sociology_, chapter xi; Vogt, _Introduction to Rural Sociology_, +chapters vii and viii.) + +12. Immigrant communities in the country. (_Annals_, vol. xl, pages +69-80.) + +13. Rural housing. (_Annals_, vol. li, pages 110-116; Waugh, _Rural +Improvement_, chapter x.) + +14. The country town. (Anderson, _The Country Town_.) + +15. The rural school. (Bailey, _The Training of Farmers_, pages 173- +194; Vogt, _Introduction to Rural Sociology_, chapter xv; Galpin, +_Rural Life_, chapter vii; King, _Education for Social Efficiency_, +chapters iii and iv; Butterfield, _The Farmer and the New Day_, +chapter vii.) + +16. The country church. (Butterfield, _The Country Church and the +Rural Problem_; Gill and Pinchot, _The Country Church_; Carney, +_Country Life and the Country School_, chapter iii; Gillette, +_Constructive Rural Sociology_, chapter xv; Vogt, _Introduction to +Rural Sociology_, chapters xvii and xviii; Galpin, _Rural Life_, +chapter xi; _Annals_, vol. xl, pages 131-139.) + +17. The Grange. (Carney, _Country Life and the Country School_, +chapter iv.) + +18. The farmer in politics. (Vogt, _Introduction to Rural Sociology_, +chapter xii.) + +19. Clubs and organizations in rural districts. (Gillette, +_Constructive Rural Sociology_, chapter xiii; Waugh, _Rural +Improvement_, chapter v; Galpin, _Rural Life_, chapters viii, x; Vogt, +_Introduction to Rural Sociology_, chapter xiv; _Annals_, vol. xl, +pages 175-190.) + +20. The Country Life movement. (Bailey, _The Country Life Movement in +the United States_; Carney, _Country Life and the Country School_, +chapter xiii; Gillette, _Constructive Rural Sociology_, chapter viii.) + + +FOR CLASSROOM DISCUSSION + +21. The relative advantages of life in the city and life in the +country. + +22. Should immigrants be encouraged to settle in rural districts? + +23. Advantages and disadvantages of tenancy from the standpoint of the +rural community. + +24. To what extent should country people copy the social institutions +of the city rather than develop institutions of their own? + + + + +CHAPTER XXVI + +EDUCATION + + +307. THE MEANING OF EDUCATION.--A half century ago education might +have been defined as the process of acquiring certain types of book +knowledge which contributed to the culture of the individual. More +recently the concept of education has been broadened and deepened. +Present-day education aims not only to add to the culture of the +individual, but to vitalize the community as well. Education is no +longer limited to the schoolroom, but includes all agencies and +activities which in any way help toward a fuller and more responsible +citizenship. Education is no longer confined to infancy and youth, but +is a life-long process. Our educational system no longer assumes that +the needs and capacities of all pupils are similar, but attempts so to +diversify training that each individual will be enabled to develop his +peculiar powers and to contribute to American life in the manner best +suited to his individual ability. Taken in its widest sense, education +has seven great objectives. These are health, command of fundamental +processes (such as reading, writing, and arithmetic), worthy home- +membership, vocation, citizenship, worthy use of leisure, and ethical +character. [Footnote: These objectives have been formulated by the +National Commission on the Reorganization of Secondary Education.] + +308. EDUCATION AND DEMOCRACY.--Two centuries ago the education of the +masses was politically a matter of small concern, for most governments +were conducted by a narrowly restricted class. But in a democracy +education is fundamental. The idea that the masses should govern +themselves is an appealing one, but before self-government is safe a +comprehensive educational system must have made substantial inroads +upon illiteracy and ignorance. Not only must the citizen of a +democracy be individually capable, but his capacity to coöperate with +his fellows must be large. Under an undemocratic government the people +rely upon their rulers; in a democracy they must rely upon their own +joint efforts. From both an individual and a social standpoint, +therefore, democracy demands more of its educational system than does +any other form of government. + +309. DEVELOPMENT OF EDUCATION IN THE UNITED STATES.--Education was an +important concern in most of the American colonies, and especially so +in New England. After 1800 the common school system was extended +rapidly, the district school passing westward with the pioneer +movement. Educational facilities continued to expand and to diversify +until at the end of the Civil War period there were more than seven +million children in the elementary schools of this country. The period +following the Civil War also saw the beginnings of the high school, a +characteristic American educational institution which arose to take +the place of the older Latin grammar schools and the private +academies. Normal schools for the training of teachers, and colleges +and universities for higher education, developed rapidly after 1880. +Today there are more than three quarters of a million teachers in the +United States, instructing more than 25,000,000 students in +institutions ranging from kindergarten and elementary schools to +colleges and universities. + +310. MERITS OF OUR EDUCATIONAL SYSTEM.--The merits of our educational +system are of great significance. We are definitely committed to the +ideal of an educated citizenry. It has been the policy of the several +states to establish and maintain free public schools. School +attendance is compulsory, on full or part time, for children up to a +certain age, the age varying from state to state. No public school is +sectarian, the freedom of religious thought and action guaranteed by +the Federal Constitution having been continued into our public school +system. The public schools stimulate democratic tendencies by bringing +together large masses of children from all walks of life. Our school +system likewise has an Americanizing influence upon a large number of +foreigners because their children study in our public schools and then +carry into their homes the influence of the school. Within the last +quarter of a century our schools have greatly extended their +functions, becoming, in many cases, genuine community centers. + +311. FINANCIANG THE SCHOOLS.--The substantial advances made in +American education during the last century are a cause for +congratulation. At the same time, our standards of education are +rising so rapidly that a number of educational problems are becoming +acute. + +An important problem has to do with the financial support of our +rapidly expanding school system. In many states the schools are +inadequately supported by the tax payers. In some of these states the +public schools are not readily accessible to large numbers of +children, while in the schools that are accessible the equipment is +often inadequate to the demands made upon it. In many states teachers +still receive insufficient salaries. + +Our schools ought not to suffer from lack of funds. Ours is the +richest country in the world, and our school system is one of the most +vital and fundamental of our institutions. Often the failure of +taxpayers properly to support the schools is due to either or both of +the following causes: First, failure to appreciate the importance of +education; second, the lack of accessible wealth as a basis of +taxation. The first objection must be met by so perfecting our +educational system that taxpayers will be convinced that money +invested in schools means large profits in the form of a more +efficient and prosperous citizenship. The second objection calls for +the reform of our taxation system. + +312. CONTROL OF EDUCATION IN THE UNITED STATES.--In the United States +education is a state rather than a national function. There is no +Federal administration of schools, each state having its independent +system. Each state has a system of elementary education, and nearly +every state has a secondary or high school system. Nearly all of the +states also have state universities in which instruction is either +free or is available at a nominal charge. The public schools are +supported chiefly by local taxes and are controlled mainly by the +local authorities. In most states local outlays are supplemented, to a +greater or less degree, by state contributions. State support is +almost always accompanied by a measure of state control, though the +extent of this control varies widely among the several states. + +313. THE QUESTION OF UNIFORM STANDARDS.--To what extent should there +be uniformity within our school system? We have no national system of +education, and the lack of coördination between the educational +systems of the several states has many undesirable features. +Educational standards vary widely from state to state, and often from +county to county within the same state. The confusion growing out of +this situation has given rise to the demand for the systematization or +standardization of our school facilities. + +The question is a difficult one. Most authorities believe that +education ought not to be centralized under the Federal government, +but ought, rather, to remain a state function. But even though it is +not desirable to allow the Federal government to take over the chief +educational powers of the state, it is believed by many that some +national agency might render valuable service in coördinating the +educational programs of the several states. At present many educators +feel that the Federal government should insist upon minimum standards +in education in the various states of the Union. + +Standardization within each state is considered desirable by most +authorities. All of the educational facilities of a given commonwealth +probably ought to be coördinated under some supervising state agency. +The administrative ideal in state education is so to systematize the +schools of the state that they will be bound together by a common +purpose, guided by the same set of established principles, and +directed toward the same social ends. + +314. SCHOOL ATTENDANCE.--A serious defect of our educational system +arises in connection with school attendance. In many states the school +attendance laws are laxly enforced. It is claimed that at no one time +is more than three fourths of our school population enrolled in the +schools. Of those who do comply with the school attendance laws, there +is a considerable percentage which cannot acquire an adequate +education within the limits of the compulsory school period. Only +about one third of the pupils who enter the first year of the +elementary school reach the four-year high school, and only about one +in nine is graduated. Of those who enter high school, about one third +leave before the beginning of the second year, about one half are gone +before the beginning of the third year, and fewer than one third are +graduated. + +Within the last decade there has been a marked tendency among the +several states to enforce school attendance laws more strictly. No +less encouraging is the growing belief among educators that the school +attendance period ought so to be adjusted that every child will be +guaranteed the working essentials of an education. There is grave +doubt as to the wisdom of raising the minimum age at which children +may withdraw from school, but at least greater efforts ought to be +made to keep children in school at least for part-time schooling +beyond the present compulsory period. As will be pointed out +presently, much is already being done in this direction. + +315. EDUCATION AS PREPARATION FOR DAILIY LIFE.--It is sometimes said +that our educational system neglects practical activities for subjects +that have no immediate connection with the problems of daily life. +Many citizens have thoughtlessly condemned the whole program of +education because they have observed that particular schools have +allowed pupils to go forth with a fund of miscellaneous knowledge +which neither helps them to get a better living, nor aids them in +performing the duties of citizenship. On the basis of these and allied +considerations, there is a growing demand that education be made more +"practical." + +There is much to be said for and against this attitude. Some +enthusiasts are apparently carrying the demand for "practical" +education too far. The growing importance in our industrial life of +efficiency and practical training should not blind us to the fact that +education is cultural as well as occupational or vocational. The +education of an individual is not estimated alone by the degree to +which he succeeds in practical affairs, but as well by the extent to +which he shows evidence of training in the appreciation of moral, +artistic, and literary values. It is sometimes difficult to see that +the study of literature, ancient languages, and similar subjects is +preparation for life, and yet wise training in these fields may prove +as important as studies which aid more directly and immediately in +getting a living. + +On the other hand, our educational system must take note of the +growing importance of industrial activities. Since education is +preparation for life, the school must accommodate itself to the +changes which are now taking place in our economic and social +organization. As modern society becomes more complex, more tinged with +industrial elements, more a matter of coöperation and interdependence, +education must become more highly evolved, more attentive to +vocational needs, and more emphatic in the stress which it lays upon +the actual duties of citizenship. + +The more complex the needs of daily life, therefore, the greater the +necessity of shifting emphasis in education. But in thus shifting the +emphasis in education we must be careful not to disturb the balance +between cultural and "practical" subjects. To discriminate between +what should be taught and what should be omitted from the curriculum, +to retain the finest elements of our cultural studies, but at the same +time to fit our citizens to meet the demands of office, shop, and +factory,--these are the tasks of the educator. + +316. VOCATIONAL EDUCATION.--Vocational training is one of the most +significant developments in modern education. This type of education +is designed to train the young person to earn a good living in that +branch of work for which he seems best fitted. Some of the supporters +of vocational education believe that this specialized form of training +ought to be commenced very early and in connection with the regular +curriculum. Others think that vocational education should not be +attempted until the child has been given enough generalized training +to enable him properly to perform the fundamental duties of +citizenship. + +But whatever its relation to the curriculum, vocational education is +of great significance. If combined with vocational guidance it not +only prevents the boy or girl from aimlessly drifting into an +unskilled occupation, but it singles out for special attention +children who show special aptitude for particular trades and +professions. Vocational education for the blind, the deaf, the +crippled, and the otherwise disabled is social service of the finest +and most constructive type. + +317. FEDERAL ENCOURAGEMENT OF VOCATIONAL EDUCATION.--In February, +1917, Congress passed the Smith-Hughes Act, establishing a Federal +Board for Vocational Education. This board promotes vocational +education in coöperation with the several states, and administers the +Federal aid granted to the states under the Act. Each state accepting +the provisions of the Act must provide a state board to control a +system of vocational schools. Evening, part-time, and continuation +schools offer instruction in agriculture, industry, commerce, +transportation, and the professions. Each state must also agree to +appropriate, either through the state or locally, an amount of money +for teachers' salaries, equivalent to the sum received from the +Federal board. Such states must also agree to provide proper buildings +and meet the running expenses of the system. In the first year under +this Act, the Federal appropriations amounted to more than a million +and a half dollars. This sum is to be increased annually until the +year 1925-1926, when the states will receive $7,000,000 from the +Federal government in support of vocational education. + +318. LIMITATIONS OF THE CONVENTIONAL SCHOOL TERM.--A few decades ago, +the typical school in an American city offered instruction to certain +classes of young people between nine o'clock in the morning and three +or four o'clock in the afternoon, for from 150 to 180 days a year. +During the rest of the time the schoolhouse was idle. + +This policy greatly restricted the education of important groups of +people. Adult immigrants were barred from the elementary public +schools. Persons desiring educational guidance in special fields often +found that the school offered them no help. Cripples, men and women +employed in the daytime, and other individuals who found it impossible +or inconvenient to attend school during the conventional time limits, +were restricted in educational opportunity. Many boys and girls who +drop out of school because of the necessity of going to work, do so +before their education has been completed. For most of these classes, +the inability to take advantage of the regular school term has meant +the denial of adequate education. + +319. WIDER USE OF THE SCHOOL PLANT.--Recently the "wider use of the +school plant" movement is helping these classes to secure or continue +their education. For unassimilated immigrants, day and evening courses +in citizenship are now provided in many cities and towns. In many +cities vacation schools have been established for the convenience of +children who have failed in their studies, or who are able and willing +to make unusual progress in various subjects. For those who work by +day there is often a chance to go to school by night. For those who +find it inexpedient to leave their homes, there are, in many places, +travelling libraries and correspondence courses. In some western +states the farmer now has an opportunity of taking extension courses +from the State university during those seasons in which his work is +lightest. For pupils who are under the necessity of partially or +entirely supporting themselves, some cities now have part-time or all- +around-the-year schools. + +320. THE SCHOOL AS A SOCIAL CENTER.--Closely associated with the +movement to extend school facilities to those who would ordinarily be +debarred from them, is the movement toward making the school a social +center. Many city and some rural schools now provide free to the +general public lectures on science, art, literature, and business. +Moving pictures, dramatics, and other forms of entertainment are +becoming a regular feature of this type of school work. In many +schools the gymnasiums are available to the public under reasonable +restrictions. Folk singing and dancing are being encouraged in +numerous schools. Schoolrooms devoted by day to regular school courses +are in many places being used during the evening for the discussion of +public questions. In these and other ways the school is becoming a +center of life for the community. It is extending into the homes of +the people and is becoming the instrument of the community rather than +of a particular group. + +321. EDUCATION AND SOCIAL PROGRESS.--We may sum up the problems so far +discussed in this text by noting that their solution calls for three +different types of treatment. + +First, we must strike at the root of poverty by giving every +individual just what he earns, by making it possible for every +individual to earn enough to support himself and his family decently, +and by teaching him to spend his income wisely and economically. + +Second, wise and careful laws must be passed for the purpose of +correcting and lessening the social defects of American democracy. + +Third, education must be relied upon to render the individual able and +willing to do his duty toward himself and his country. The boys and +girls of to-day are the voters and home-makers of to-morrow, and the +responsibility of preparing those boys and girls for the efficient +conduct of community life rests almost entirely upon the school. Thus +education is one of the most basic factors in social progress. Neither +a reorganized economic system, nor the most carefully drawn laws on +social questions will solve the problems of American democracy until +the individual citizen is trained to a proper appreciation of his +responsibilities toward himself and toward his country. + + +QUESTIONS ON THE TEXT + +1. What is the scope of education? + +2. What is the relation of education to democracy? + +3. Trace briefly the development of education in this country. + +4. Enumerate the chief merits of our educational system. + +5. What problem arises in connection with financing the schools? + +6. Explain the failure of some taxpayers properly to support the +schools. + +7. Discuss the control of education in this country. + +8. Outline the problem of uniform educational standards. + +9. To what extent is school attendance a problem? + +10. What are the chief tasks of the educator? + +11. Discuss the purpose of vocational education. + +12. What is the nature of the Smith-Hughes act? + +13. What are the limitations of the conventional school term? + +14. What is meant by the "wider use of the school plant" movement? + +15. To what extent is the school becoming a social center? + +16. What is the relation of education to social progress? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxvi. Or all +of the following: + +2. Cubberley, _Changing Conceptions of Education_, all. + +3. Guitteau, _Government and Politics in the United States_, chapter +xviii. + +4. McMurry, _How to Study_, part i. + +5. Perry, _Wider Use of the School Plant_, chapter i. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Discuss briefly the progress made in education since the Civil War. +(Cubberley, pages 38-42.) + +2. Name an important defect of our educational system as it existed in +the eighties. (Perry, page 3.) + +3. Discuss the development of the high school. (Guitteau, pages 174- +175.) + +4. To what extent does the Federal government aid State education? +(Guitteau, page 176.) + +5. Compare briefly the four types of school administration. (Guitteau +pages 177-180.) + +6. What are the chief sources of school revenues? (Guitteau, pages +182-183.) + +7. What has been the effect of immigration upon our educational +system? (Cubberley, pages 14-15.) + +8. What is the function of the vacation school? (Perry, pages 6-7.) + +9. What is meant by the problem of leisure time? (Cubberley, page 20.) + +10. Outline briefly the present tendencies in education. (Cubberley, +pages 49-69-) + +11. Outline the principal factors in study. (McMurry, pages 15-23.) + + +TOPICS FOR INVERSTGATION AND REPORT + +I + +1. Trace the development of public school education in your state. + +2. Classify the types of schools in your state. + +3. Draw up a list of the more important provisions in your state +constitution regarding education. + +4. Sources of school revenues in your community. + +5. State supervision of the public schools in your commonwealth. + +6. Influence of the Smith-Hughes act upon education in your state. + +7. Use of the school as a social center in your community. + +8. The meaning of education. (Butler, _The Meaning of Education_; +Henderson, _What is it to be Educated?_ Hadley, _The Education of the +American Citizen_; Baldwin, _The Relation of Education to +Citizenship_.) + +9. The beginnings of American education. (Cubberley, _Public Education +in the United States_, chapter ii.) + +10. The reorganization of elementary education. (Cubberley, _Public +Education in the United States_, chapter x.) + +11. Education through play. (Curtis, _Education through Play_.) + +12. The use of leisure time. (_Annals_, vol. lxvii, pages 115-122.) + +13. Wider use of the school plant. (Cubberley, _Public Education in +the United States_, chapter xiii; _Annals_, vol. lxvii, pages 170-202. +Perry, _Wider Use of the School Plant_.) + +14. The relation of the school to the community. (Dewey, _Schools of +To-morrow_, chapter vii.) + +15. Physical education. (Sargent, _Physical Education_.) + +16. The education of Helen Keller. (Keller, _The Story of My Life_. +See also an encyclopedia.) + +17. The education of the crippled child. (Hall and Buck, _Handicrafts +for the Handicapped_.) + +18. Education for efficiency. (Eliot, _Education for Efficiency_; +Davenport, _Education for Efficiency_.) + +19. Vocational education. (Taylor, _A Handbook of Vocational +Guidance_; Bloomfield, _The Vocational Guidance of Youth_; Leake, +_Industrial Education, Its Problems, Methods and Danger_.) + +20. Choosing a vocation. (Parsons, _Choosing a Vocation_.) + +21. The United States Bureau of Education and the immigrant; +(_Annals_, vol. lxvii, pages 273-283.) + +22. Education and social progress. (Ellwood, _Sociology and Modern +Social Problems_, chapter xvi.) + + +FOR CLASSROOM DISCUSSION + +23. Do grammar school graduates who fail to enter high school stop +their education at this point because of poverty, because of the +attraction of industry, or because of dissatisfaction with school? + +24. The question of free text books. + +25. The question of uniform text books throughout your state. + +26. At what point in the school curriculum should vocational education +be begun? + +27 How are ancient languages, ancient history and the fine arts +helpful in daily life? + +28. The question of a more intensive use of your school building as a +social center. + + + + +PART IV--AMERICAN POLITICAL PROBLEMS + + +A. SOME ECONOMIC FUNCTIONS OF GOVERNMENT + +CHAPTER XXVII + +PUBLIC INTEREST IN BUSINESS: REGULATION + + +322. NECESSITY OF PUBLIC INTEREST IN BUSINESS.--Although individuals +carry on business primarily for their own ends, the economic +activities of men affect not only themselves, but the community as +well. If every individual voluntarily confined his attention to those +forms of business which strengthened the community as well as adding +to his own prosperity, there would be little need for laws regulating +the conduct of business. But because experience has shown that some +persons will seek to benefit themselves in ways that react to the +injury of the community, it becomes necessary for law to adjust +private and public interests. A community cannot remain indifferent to +the economic activities of its citizens. Public interest in business +is a fundamental necessity, if the community is to be safeguarded +against the abuses of free enterprise. + +323. NATURE OF PUBLIC INTEREST IN BUSINESS.--In general, the object of +laws regulating business is either to encourage helpful business +methods, or to discourage harmful business methods. A good deal of +legislation has been designed positively to encourage helpful business +methods, yet it remains true that the most significant of our +industrial laws have been aimed primarily at the discouragement of +harmful business. A fundamental American ideal is to insure to the +individual as much freedom of action as is consistent with the public +interest. Thus we believe that if harmful business is controlled or +suppressed, private initiative may be trusted to develop helpful +business methods, without the aid of fostering legislation. In this +and the following chapter, therefore, we may confine our attention to +legislation designed to suppress harmful business methods. + +324. THE NATURE OF MONOPOLY.--We may begin the discussion by inquiring +into the nature and significance of monopoly. + +Under openly competitive conditions the free play of supply and demand +between a number of producers and a number of prospective consumers +fixes the price of a commodity. In such cases consumers are protected +against exorbitant prices by the fact that rival producers will +underbid each other in the effort to sell their goods. + +But if the supply of a good, say wheat, is not in the hands of several +rival producers, but is under the control of a unified group of +persons, competition between the owners of the wheat is suppressed +sufficiently to enable this unified group more nearly to dictate the +price for which wheat shall sell. In such a case a monopoly is said to +exist. Complete control of the supply of a commodity is rare, even for +short periods, but modern business offers many instances of +enterprises which are more or less monopolistic in character. + +The essential danger of monopoly is that those who have secured +control of the available supply of a commodity will use that control +to benefit themselves at the expense of the public. By combining their +individual businesses, producers who were formerly rivals may secure +the chief advantage of large-scale management. That is to say, the +cost of production per unit may be decreased, because several combined +plants might be operated more economically than several independent +concerns. If the cost of production _is_ decreased the combining +producers can afford to lower the price of their product. But if they +are practically in control of the entire supply, they will not lower +the price unless it serves their interests to do so. Indeed it is more +likely that they will take advantage of their monopoly to raise the +price. + +325. TYPES OF MONOPOLY.--Monopolies are variously classified, but for +our purpose they may be called either _natural_ or _unnatural_. + +A _natural_ monopoly may exist where, by the very nature of the +business, competition is either impossible or socially undesirable. +Examples of this type of monopoly are gas and water works, street +railways, steam railways, and similar industries. These will be +discussed in the next chapter. + +Where an _unnatural_ monopoly exists, it is not because the essential +character of the business renders it unfit for the competitive system, +but because competition has been artificially suppressed. The +traditional example of an unnatural monopoly is that form of large- +scale combination which is popularly known as a trust. + +326. ORIGIN OF THE TRUST.--After the Civil War, rivalry in many +industries was so intense as to lead to "cutthroat" competition and a +consequent reduction in profits. For the purpose of securing the +advantages of monopoly, many previously competing businesses combined. +In 1882 John D. Rockefeller organized the Standard Oil Company, the +first trust in this country. The plan drawn up by Mr. Rockefeller +provided that the owners of a number of oil refineries should place +their stock in the hands of a board of trustees. In exchange for this +stock, the owners received trust certificates on which they were paid +dividends. Having control of the stock, the trustees were enabled to +manage the combining corporations as one concern, thus maintaining a +unified control over supply, and opening the way to monopoly profits. + +327. PRESENT MEANING OF THE TERM "TRUST."--The plan initiated by Mr. +Rockefeller was so successful that other groups of industries adopted +it. After 1890 the original trust device was forbidden by statute, and +the _trust proper_ declined in importance. But there continued to be a +large number of industrial combinations which, under slightly +different forms, have secured all of the advantages of the original +trust. In some cases previously competing corporations have actually +amalgamated; in still other cases, combining concerns have secured the +advantages of monopoly by forming a holding company. A holding company +is a corporation which is created for the express purpose of "holding" +or controlling stock in several other corporations. This the holding +company does by buying a sufficient amount of the stock of the +combining concerns to insure unity of management and control. Since +the holding company and similar devices secure the chief advantages of +the original trust, the word "trust" is now used to designate any +closely knit combination which has monopolistic advantages. + +328. GROWTH OF THE TRUST MOVEMENT.--The trust movement developed +rapidly after 1882. There were important combinations in the oil, tin, +sugar, steel, tobacco, paper, and other industries. By 1898 there had +been formed some eighty trusts, with a total capitalization of about +$1,000,000,000. At the beginning of 1904 the number of trusts exceeded +three hundred, while their combined capital totaled more than +$5,000,000,000. The largest single trust was the United States Steel +Corporation, which was capitalized at almost a billion and a half +dollars. At the beginning of 1911, in which year the Supreme Court of +the United States ordered two important trusts to dissolve, the +combined capital of the trusts was probably in excess of +$6,000,000,000. + +329. ABUSE OF POWER BY THE TRUSTS.--Trusts have often abused their +monopolistic powers. They have often used their wealth to corrupt +legislatures and to attempt to influence even the courts, in the +effort to prevent laws and court decisions from restricting their +monopoly. The corruption of railway corporations and of political +parties has been partly due to the evil influence of the trusts. +Trusts have often crushed out independent concerns that endeavored to +compete with them. This has been accomplished, partly by inducing +railroads to discriminate against independent concerns and in favor of +the trusts, partly by cutting prices in competitive markets until +independent concerns were crushed out, and partly by the use of +bribes, threats, and other unfair methods. After competition had been +suppressed, the trusts took advantage of their monopoly to raise +prices on their products, thus imposing a heavy burden upon the +public. + +330. THE SHERMAN ANTI-TRUST ACT. (1890.)--During the eighties a number +of states attempted to control the trust movement. But the Federal +government has exclusive jurisdiction over interstate business, and +for this reason the action of the states was limited to the control of +the relatively unimportant trust business lying entirely within their +respective borders. The fact that an increasing proportion of trust +business was interstate in character stimulated interest in Federal +anti-trust legislation, and in 1890 the Sherman Anti-trust Act was +passed. This Act declared illegal "every contract, combination in the +form of trust or otherwise, or conspiracy, in restraint of trade or +commerce among the several States, or with foreign nations." + +331. FAILURE OF THE SHERMAN ACT.--For more than twenty years after its +passage, the Sherman Act did little to curb the growth of the trusts, +indeed, the most marked tendency toward trust formation occurred +_after_ 1890. Numerous suits were brought under the Act, but the +lukewarm attitude of the courts rendered difficult the administration +of the law. After 1911 the courts held that the restraint of trade was +illegal if "unreasonable," but few juries could be found that could +agree upon the difference between a "reasonable" and an "unreasonable" +restraint of trade. Lastly, combinations which had been organized +under the original trust plan were not disheartened by court decrees +ordering them to dissolve, but reorganized under some device which was +practically as effective as the trust plan, but which did not +technically violate the Sherman act. + +332. FURTHER LEGISLATION IN 1914.--Finally in 1911 the government +succeeded in dissolving the Standard Oil Company and the American +Tobacco Company, two of the largest trusts in the country. This +success encouraged the Department of Justice to institute other suits, +and stimulated such general interest in the trust problem that in 1914 +Congress passed two new Anti-trust Acts. These were the Clayton Act +and the Federal Trade Commission Act. The general effect of these laws +was to strengthen anti-trust legislation by correcting some of the +fundamental defects of the Sherman Act, and by still further extending +the power of the Federal government over monopolistic combinations. + +333. The Clayton Act of 1914.--The Clayton Act forbids "unjustifiable +discriminations in the prices charged to different persons," and also +prohibits the lease or sale of goods made with the understanding that +the lessee or purchaser shall not patronize competing concerns. The +Act specifies a number of other practices which constitute +unreasonable restraints of trade. Somewhat complicated limitations are +imposed upon interlocking directorates, by which is meant the practice +of individuals being on the board of directors of different +corporations. [FOOTNOTE: The danger of the interlocking directorate, +of course, is that individuals who are directors in two or more +corporations may attempt to suppress competition between those +corporations. This may lead to monopoly.] The Act likewise forbids the +acquisition by one corporation of stock in another corporation when +the effect may be "to substantially lessen competition" between such +corporations, or "to tend to create a monopoly." + +334. THE FEDERAL TRADE COMMISSION ACT OF 1914.--The second of the two +Acts of 1914 created a Federal Trade Commission of five members, +appointed by the President. The Commission has the power to require +annual or special reports from interstate corporations in such form +and relating to such matters as it may prescribe. At the request of +the Attorney General, the Commission must investigate and report upon +any corporation alleged to be violating the anti-trust laws. The most +important power of the Commission is undoubtedly that of issuing +orders restraining the use of "unfair methods of competition in +commerce." This clause aims at prevention rather than at punishment, +and if its power is wisely used it will check monopoly in the early +stages. Most authorities claim that in this regard the work of the +Commission has already proved definitely helpful. + +335. THE OUTLOOK.--Since 1911, and especially since the passage of the +two Acts of 1914, the trust situation has materially improved. The +vague and wholly inadequate powers of the old Sherman Act have been +clarified and supplemented by the more specific provisions of the +Clayton and Federal Trade Commission Acts. Fairly adequate machinery +for the investigation and prosecution of trusts is now provided. The +present laws cover not only combinations making use of the old trust +device, but also combinations employing other methods of exercising +monopoly control. The Federal Trade Commission Act provides for +publicity, so that public opinion may have a chance to enforce the +principle of fair play and open competition in business. The trust +problem in the United States is not yet solved, but the careful +control which we are now exercising over this type of organization +justifies the belief that the trust evil will become less important as +time goes on. + +336. THE TRUST PROBLEM OF THE FUTURE. In connection with the matter of +making anti-trust legislation more effective, a new and pressing +problem is arising. This has to do with the necessity of +distinguishing, first, between the legitimate and the illegitimate +practices of trusts [Footnote: Large-scale combination or management +allows important economies to be practiced. Plant can be used more +advantageously, supervision is less costly, supplies can be purchased +in large quantities and hence more cheaply, etc. The securing of these +economies constitutes a legitimate feature of large-scale combination +or management.]; and second, between combinations which are +monopolistic and combinations in which there is no element of +monopoly. + +We are coming to realize a fact which in Europe has long been a matter +of common knowledge, namely, that trusts are never wholly and +unqualifiedly bad. The law should not aim to destroy trusts, but +rather should attempt so to regulate their activities that their +economical features will be preserved while their harmful practices +will be suppressed. Laws should also recognize the fact that many +large-scale combinations have in them no element of monopoly, and that +such combinations should be exempted from anti-trust prosecution. In +drawing up anti-trust legislation, prohibitions and restrictions +should be as concise and as definite as possible, both in order to +facilitate the execution of the law, and in order to prevent hardships +being worked upon combinations which have consistently observed the +rules of fair play in competitive business. + + +QUESTIONS ON THE TEXT + +1. Why is public interest in business necessary? + +2. What is the nature of public interest in business? + +3. What is the nature of monopoly? + +4. What are the two types of monopoly? Give an example of each. + +5. Describe the origin of the trust. + +6. Explain clearly the meaning of the word "trust" as it is now used. + +7. During what period of our history was trust development greatest? + +8. In what sense have trusts abused their power? + +9. What was the purpose of the Sherman act of 1890? + +10. How did the act work out in practice? + +11. What important development is associated with the period 1911-1914? + +12. What are the main provisions of the Clayton act? + +13. What is the purpose of the Federal Trade Commission act? + +14. Outline the problem of the future with respect to trusts. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxvii. + +Or all of the following: + +2. Durand, _The Trust Problem_, chapter i. + +3. Ely, _Outlines of Economics_, chapter xiii. + +4. Fetter, _Modern Economic Problems_, chapter xxviii. + +5. Seager, _Principles of Economics_, chapter xxv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What are the four methods by which industrial combinations have +taken place? (Fetter, pages 433-434.) + +2. What are the three types of trusts? (Durand, page 9.) + +3. What is a pool? (Durand, page 9.) + +4. Name some of the important trusts which were formed between 1890 +and 1899. (Fetter, pages 435-436.) + +5. Name some of the most successful trusts. (Seager, page 456.) + +6. What is the relation of trust development to the tariff? (Seager, +pages 464-465.) + +7. What is the evil of over-capitalization? (Seager, pages 465-466; +Ely, pages 221-223.) + +8. What are the chief advantages claimed for the trust? (Ely, pages +228-230; Durand, page 28.) + +9. What are some of the devices used in "unfair competition"? (Ely, +pages 239-240.) + +10. What are the three ways of dealing with the trust evil? (Durand, +pages l0-11.) + +11. How has the trust evil been handled in other countries? (Ely, +pages 245-246.) + +12. What can be said as to the ultimate solution of the trust problem? +(Durand, page 30.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. The chartering of corporations in your state + +2. History of anti-trust legislation in your state. + +3. Outline the present laws of your state relative to monopolistic +combinations. + +4. Trust development in your state, or in your section of the country. + + +II + +5. The nature of monopoly. (Ely, _Outlines of Economics,_ chapter xii; +Seager, _Principles of Economics,_ chapter xxiii.) + +6. Causes of trust formation. (Van Hise, _Concentration and Control,_ +pages 21-25.) + +7. Purposes of trust formation. (Van Hise, _Concentration and +Control,_ pages 25-31.) + +8. Forms of industrial combination. (Van Hise, _Concentration and +Control,_ pages 60-72.) + +9. Text of the Sherman anti-trust act. (_Ripley, Trusts, Pools and +Corporations,_ pages 484-485; Durand, _The Trust Problem,_ appendix i.) + +10. Early Supreme Court decisions relative to the Sherman act. +(Ripley, _Trusts, Pools and Corporations,_ pages 506-549.) + +11. The Sherman act in actual operation. (Hamilton, _Current Economic +Problems,_ pages 433-441.) + +12. The "rule of reason." (Ripley, _Trusts, Pools and Corporations,_ +pages 606-702.) + +13. Difficulty of regulating trusts. (Durand, _The Trust Problem,_ +chapter in.) + +14. Text of the Federal Trade Commission act. (Durand, The _Trust +Problem,_ appendix in.) + +15. Relation of the Federal Trade Commission to the courts. (_Annals,_ +vol. lxiii, pages 24-36.) + +16. Relation of the Federal Trade Commission to our foreign trade. +(_Annals,_ vol. lxiii, pages 67-68.) + +17. Alleged advantages of trusts. (Durand, The _Trust Problem,_ +chapter iv; Van Hise, _Concentration and Control,_ pages 8-21.) + +18 Trust regulation in foreign countries. (Van Hise, _Concentration +and Control_, chapter iv.) + +19. The history of some one trust, as, for example, the American Sugar +Refining Company, the United States Steel Corporation, the American +Tobacco Company, or the International Harvester Company. (Consult any +available literature.) + + +FOR CLASSROOM DISCUSSION + +20. What is a reasonable as opposed to an unreasonable restraint of +trade? + +21. How is it possible to tell when combination has resulted in +monopoly? + +22. To what extent is the mere size of an industrial organization an +indication of monopoly? + +23. Does monopoly always result in a higher price being asked for the +monopolized article? + + + + +CHAPTER XXVIII + +PUBLIC INTEREST IN BUSINESS: OWNERSHIP + + +337. BASIS OF NATURAL MONOPOLY.--The most important examples of +_natural_ monopoly are found in those industries which are known as +public utilities. Public utilities include gas and electric light +works, waterworks, telephone and telegraph plants, and electric and +steam railways. + +These industries are by their very nature unsuited to the competitive +system. This is chiefly because they operate under the principle of +decreasing cost, that is to say, the greater the volume of business +handled by a single plant, the less the cost of production per unit. +In order to serve 100,000 customers with gas, for example, it may be +necessary to make an initial outlay of $90,000 in plant and supplies. +With this identical plant, however, the gas works could really +manufacture gas sufficient to serve more than 100,000. If, later, the +city grows and the number of customers using gas doubles, the gas +works, already having its basic plant, will not have to expend another +$90,000, but only, say, an additional $30,000. + +This principle has the double effect of virtually prohibiting +competition and of encouraging combination. Since a street or a +neighborhood can be served with water or gas more cheaply by a single +plant than by several competing plants, competing plants tend to +combine in order to secure the economies resulting from decreasing +cost and large-scale production. On the other hand, the cost of +duplicating a set of water mains or a network of street car tracks is +so prohibitive as to render competition undesirable, both from the +standpoint of the utility and from the standpoint of the public. + +This natural tendency toward monopoly, together with the social +importance of public utilities, has given rise to a demand that +businesses of this type be publicly owned. The problem of public +ownership may be considered under two heads: first, the municipal +ownership of local utilities; and, second, the national ownership of +steam railroads. + + +A. MUNICIPAL OWNERSHIP + +338. REGULATION OF LOCAL UTILITIES.--In many American cities it was +formerly the custom of the city council to confer valuable privileges +upon public service corporations on terms that did not adequately +safeguard the public interest. In making such grants, called +franchises, city councils often permitted private corporations the +free use of the streets and other public property for long periods of +time or even in perpetuity. + +The abuses growing out of the careless use of the franchise granting +power have recently led to a more strict supervision of franchises to +public service corporations. In most cities, franchises are no longer +perpetual, but are limited to a definite and rather short period, say +fifty years. To an increasing extent, franchises are drawn up by +experts, so that the terms of the grant will safeguard the interests +of the public. In many states there are now public service commissions +that have the power to regulate privately owned utilities. The chief +aim of such commissions is to keep informed as to the condition of the +utilities, and to fix rates and charges which the commission considers +fair and reasonable. + +339. ARGUMENTS FOR MUNICIPAL OWNERSHIP.--Those favoring municipal +ownership, as opposed to regulation, declare that the conditions +affecting rates change so rapidly that no public service commission +can fix rates fairly or promptly. Public ownership would save the cost +of regulation, in many cases a considerable item. It is maintained +that regulation is inevitably a failure, and that in view of the +social importance of public utilities, ownership is a logical and +necessary step. + +Important social gains are claimed for municipal ownership. It is said +that where the plan has been tried, it has promoted civic interest and +has enlisted a higher type of public official. If all utilities were +municipally owned, state legislatures and city councils would no +longer be subjected to the danger of corruption by private +corporations seeking franchises. If utilities were owned by the +municipality, it is claimed, service and social welfare rather than +profits would become the ideal. The public plant could afford to offer +lower rates, because it would not be under the necessity of earning +high profits. Finally, service could be extended into outlying or +sparsely settled districts which are now neglected by privately owned +companies because of the high expense and small profits that would +result from such extension. + +340. ARGUMENTS AGAINST MUNICIPAL OWNDERSHIP.--Other students of the +problem believe that public regulation of utilities is preferable to +municipal ownership. Those holding this view maintain that on the +whole regulation has proved satisfactory, and that ownership is +therefore unnecessary. + +Rather than improving the public service by enlisting a higher type of +public official, it is maintained, municipal ownership would increase +political corruption by enlarging the number of positions which would +become the spoils of the political party in power. The periodic +political changes resulting from frequent elections in cities would +demoralize the administration of the utilities. Under our present +system of government, municipal ownership means a lack of centralized +control, a factor which would lessen administrative responsibility and +encourage inefficiency. + +The opponents of municipal ownership also contend that the +inefficiency resulting from this form of control would increase the +cost of management. This increased cost would in turn necessitate +higher rates. Moreover, municipal ownership might increase enormously +the indebtedness of the municipality, since either private plants +would have to be purchased, or new plants erected at public expense. + +341. EXTENT OF MUNICIPAL OWNERSHIP.--Some cities have tried municipal +ownership and have abandoned the scheme as unworkable. In some +instances this failure has been due to the inherent difficulties of +the case, in other instances the inefficiency of the city +administration has prevented success. In still other cities ownership +of various utilities has proved markedly successful. + +Most American cities now own their own waterworks, and about one third +of them own their own gas or electric light plants. A few cities own +either a part or the whole of their street railways. Municipal +ownership of public utilities is still in its infancy, but the +movement is growing. + +342. CONDITIONS OF MUNICIPAL OWNERSHIP.--Past experience indicates +several mistakes to be avoided in any future consideration of the +problem of municipal ownership. + +The terms upon which the city purchases a utility ought not to be so +severe as to discourage the future development of new utilities by +private enterprise. + +Public ownership is practicable only when the utility has passed the +experimental stage, for governmental agencies cannot effectively carry +on the experiments, nor assume the risks, so essential to the +development of a new enterprise. + +Any discussion of public ownership ought to include a consideration of +social and political factors, as well as matters which are strictly +economic. + +The question of municipal ownership should be decided purely on the +basis of local conditions and for particular utilities. The successful +ownership of street railways in one city does not necessarily mean +that a second city may be equally successful in operating this +utility. Nor does the successful administration of a gas works by one +city necessarily mean that the same city can effectively administer +its street railways. + + +B. NATIONAL OWNERSHIP OF RAILROADS + +343. DEVELOPMENT OF RAILROADS IN THE UNITED STATES.--The railroad +history of the United States began when the Baltimore & Ohio was +opened to traffic in 1830, but until the middle of the century +transportation in this country was chiefly by wagon roads, rivers, and +canals. After 1850 the westward expansion and the development of +industry throughout the country greatly stimulated railway building. +Encouraged by lavish land grants and other bounties extended by both +state and Federal governments, railroad corporations flung a network +of railroads across the continent. Local roads were transformed, by +extension and consolidation, into great trunk lines embracing +thousands of miles. From 9,021 in 1850 our railway mileage increased +to 93,267 in 1880, to 193,345 in 1900, and to approximately 260,000 in +1922. + +344. THE PRINCIPLE OF DECREASING COST.--While the rapid development of +American railroads has had an inestimable effect upon our national +prosperity, railway development has brought with it serious evils. In +order to understand the nature of these evils, let us notice that with +railroads, as with municipal utilities, the cost per unit of product +or service declines with an increase in the number of units furnished. +A railroad must maintain its roadbed, depots, and terminals whether +one or an hundred trains are run, and whether freight or passenger +cars run empty or full. Many of the railroad's operating expenses also +go on regardless of the volume of business. Thus the cost of handling +units of traffic declines as the volume of that traffic increases. + +These circumstances influence rate-making in two ways. In the first +place, railroads can afford to accept extra traffic at a relatively +low rate because carrying extra traffic adds relatively little to the +railroad's expenses. In the second place, rates in general cannot be +definitely connected with the expense of carrying specific +commodities, hence rates are often determined on the basis of +expediency. This means that high rates are charged on valuable +commodities because those commodities can pay high rates, while low +rates are charged on cheap goods, because those goods cannot stand a +high charge. This is called "charging what the traffic will bear." + +345. EVILS ATTENDING RAILROAD DEVELOPMENT.--Since many of the expenses +of the railroad go on regardless of the amount of traffic carried, +railroads are constantly searching for extra business. Competition +between railroads has tended to be very severe. Rate-wars have been +common, because of the small cost of handling extra units of traffic. +In the struggle for business, railroads once habitually offered low +rates on competitive roads or lines, and then made up for this +relatively unprofitable practice by charging high rates on non- +competitive roads. The desire for extra business, together with the +pressure exerted by trusts and other large shippers, encouraged +railroads to make rates which discriminated between products, between +localities, and even between individuals. The ruinous character of +competition often led to monopolistic combinations which proceeded to +charge the general public exorbitant rates, but which rendered poor +service. + +346. EARLY STATE LEGISLATION.--During the early stages of railroad +development, the railroads were generally regarded as public +benefactors for the reason that they aided materially in the +settlement of the West. But after about 1870 the railroads began to be +accused of abusing their position. A greater degree of legal control +over the roads was demanded. + +The first attempts at the regulation of railroad corporations were +made by several of the states. For fifteen years various commonwealths +tried to control the railroads through state railway commissions armed +with extensive powers. These commissions eliminated some of the more +glaring abuses of railroad combination, but for several reasons state +regulation was relatively ineffective. The states had, of course, no +authority over interstate business, and most railroad revenues were +derived from this type of business. State laws regulating railroads +were often declared unconstitutional by the courts. Lastly, powerful +railroad corporations often succeeded in bribing state legislatures to +refrain from taking action against them. Due to these influences, +state regulation was generally conceded to be a failure. + +347. FEDERAL LEGISLATION.--The failure of state laws effectively to +control the railroads led to the enactment by Congress of the +Interstate Commerce Act of 1887. This Federal act created an +Interstate Commerce Commission of seven members, appointed by the +President, and charged with the enforcement of the Act. The Act also +prohibited discriminations, and forbade unjust and unreasonable +rates. It required that railroads should make rates public, and that +they should not change rates without due notice. Pooling was +forbidden, that is to say, railroads apparently competing with one +another were no longer to merge or pool their combined business with +the understanding that each was to get a previously determined share +of the joint profits. The objection to pooling was that it suppressed +competition and encouraged monopoly. + +In the years that followed, however, the Interstate Commerce Act +checked railroad abuses very little. The machinery of the Act was so +defective as to render difficult the successful prosecution of +offenders. Railroad interests exerted an evil influence upon +government officials who were attempting to enforce the Act. The +administration of the law was also markedly impeded by the fact that +the courts tended to interpret the Act of 1887 in such a way as to +limit the powers of the Commission. + +To a considerable extent discriminations and unnecessarily high rates +continued until after the opening of the twentieth century. Then in +1903 the Elkins Act revived some of the waning powers of the +Commission. Three years later (1906) the Hepburn Law increased the +membership of the Commission, improved its machinery, and extended and +reinforced its control over rates. In 1910 the Mann-Elkins Act +strengthened the position of the Commission in several particulars. + +In spite of this additional legislation, however, the rather sorry +record of railroad regulation up to the time of the World War +repeatedly raised the question of national ownership of railroads. + +348. ARGUMENTS IN FAVOR OF NATIONAL OWNERSHIP OF RAILROADS.--The +arguments in favor of national ownership of railroads are similar to +those advanced in behalf of the municipal ownership of local +utilities. + +The failure of regulation, coupled with the social importance of the +railroads, is said to render ownership imperative. Government +ownership of railroads is said to have succeeded in several of the +countries of Europe, notably in Prussia. + +It is believed by many that government ownership would attract a high +grade of public official. It is also thought that with the change to +public ownership the corruption of state legislatures by railroads +would cease. Since the roads would be taken out of private hands and +administered as a unit by the Federal government, discriminations and +other unfair practices would cease. + +It is also held that under public ownership service rather than +profits would become the ideal. Since profits would no longer be +necessary, lower rates could be offered. Government ownership would +allow the elimination of duplicating lines in competitive areas, and +would permit the extension of new lines into areas not immediately +profitable. Thus railroads now operated solely for private gain would +become instruments of social as well as industrial progress. + +349. ARGUMENTS AGAINST NATIONAL OWNERSHIP OF RAILROADS.--Opponents of +national ownership maintain that the experience of Prussia and other +European countries is no guide to railroad management in this country. +Differences in political organization between this and European +countries, for example, render unreliable the results of public +ownership in Prussia and other parts of Europe. + +Many opponents of government ownership contend that the elimination of +private control would increase, rather than decrease, political +corruption. Various political interests, they say, would bring +pressure to bear in favor of low rates for their particular sections +of the country. + +It is often maintained that the substitution of public for private +ownership would discourage personal initiative because public +officials would take little genuine interest in the railroads. It is +said that government administration of railroads would be marked by +waste and inefficiency. This would necessitate higher rates instead of +permitting rates to be reduced. The large initial cost of acquiring +the roads is urged against public ownership, as is the gigantic task +of administering so vast an industry. + +A last important objection to public ownership is that it would cause +rates to be rigid. Rates would be fixed for relatively long periods +and by a supervisory agency, rather than automatically changing with +business conditions as under private ownership. This rigidity would +force business to adapt itself to rates, instead of allowing rates to +adapt themselves to business needs. + +350. GOVERNMENT CONTROL OF RAILROADS, 1917-1920.--Shortly after our +entry into the World War, the congested condition of the railroads, +together with the urgent need for a unified transportation system, led +to a temporary abandonment of private control. On December 28, 1917, +President Wilson took over the nation's railroads under powers +conferred upon him by Congress. The roads were centralized under +Director-General McAdoo, assisted by seven regional directors who +administered the railroads in the different sections of the country. + +The Act empowering the President to take over the railroads provided +that such control should not extend beyond twenty-one months after the +conclusion of the treaty of peace with Germany. But there has never +been a well-organized movement for government ownership of railroads +in this country, and when after the signing of the armistice in +November, 1918, the immediate return of the roads to private control +was demanded, there was little opposition. A number of plans proposing +various combinations of public and private control were rejected, and +on March 1, 1920, the roads were returned to their former owners. + +351. RESULTS OF GOVERNMENT CONTROL DURING THE WORLD WAR.--Government +control of the nation's railroads between 1917 and 1920 resulted in a +number of important economies. Repair shops were coördinated so as to +be used more systematically and hence more economically. The +consolidation of ticket offices in cities effected a substantial +saving. The coördination of terminals allowed a more economical use of +equipment than had been possible under private control. The +unification of the various railroad systems allowed a more direct +routing of freight than would otherwise have been possible. There was +also a reduction in some unnecessarily large managerial salaries. + +On the other hand, the quality of railroad service declined under +government control. The personal efficiency of many types of railroad +employees also decreased. Most important of all, there was a sharp +increase in both freight and passenger rates. + +The period of war-time control was abnormal, hence the record of the +roads under government control during this period cannot be taken as +wholly indicative of what would happen under permanent government +control in peace time. But it should be noted that, on the whole, the +record of the Railroad Administration between 1917 and 1920 was good. +That the above-mentioned economies were effected cannot be denied. +Moreover, the decline in service and efficiency, as well as the +increase in rates, is at least partially explained by abnormal +conditions over which the Railroad Administration had no control. The +winter of 1917-1918 was the most rigorous in railroad history. This +circumstance, combined with the unusually heavy demands for the +transportation of war equipment, helped to demoralize the service from +the very beginning of the period of government control. For a number +of years previous to 1917 there had been an acute shortage of box cars +and other equipment, which also helps to explain the poor quality of +service furnished during the war. The labor force was demoralized by +the drafting for war service of many trained railroad employees. (It +is claimed that certain railroad officials sought to discredit +government control by hampering the administration of the roads, but +this charge cannot be proved.) + +352. THE TRANSPORTATION ACT OF 1920.--Government control in war time +revealed the true status of the railroads as nothing else could. It +was seen that up to the period of the World War Federal legislation on +railroads had in some cases been too indulgent, but in other cases so +severe as to work a hardship upon the roads. To pave the way for a +fairer and more effective regulation of the nation's railroads, the +Transportation Act of 1920 was passed. At present the railroads are +privately owned, but publicly regulated by the Interstate Commerce +Commission, according to the provisions of the Interstate Commerce Act +of 1887, the Elkins Act of 1903, the Hepburn Law of 1906, the Mann- +Elkins Act of 1910, and the Transportation Act of 1920. + +353. SUMMARY OF PRESENT LEGISLATION ON RAILROADS.--At the present time +all unfair discriminations are generally forbidden. But it is now +recognized that under certain conditions a discrimination may be +economically justified. Therefore, when the inability to levy a +discriminatory rate would work a hardship upon a railroad, the +Commission is authorized to suspend the rule. Pooling is likewise +generally forbidden, but here again the Commission may authorize the +practice at its discretion. Limitations are placed upon the power of +railroads to transport commodities in which they are interested as +producers. + +All interstate rates are to be just and reasonable, and the Commission +is empowered to say what constitutes just and reasonable rates. In +order to prevent rate wars, the Commission is now empowered to fix +minimum as well as maximum rates. The Act of 1920 also gives the +Commission the power to establish _intra_-state rates, where such +rates unjustly discriminate against interstate or foreign commerce. An +_intra_-state rate, of course, is one which has to do only with +freight or passenger movements which begin and end within the borders +of a single state. + +The Act of 1920 extended government control over the railroads in a +number of important particulars. To check certain financial abuses, +the Commission now has supervision over the issue of railroad +securities. For the purpose of increasing the social value of the +nation's railroads, the Act of 1920 instructs the Commission to plan +the consolidation of existing roads into a limited number of systems. +Another clause in the Act of 1920 provides that no railroad may +abandon lines, build new lines, or extend old ones, without the +consent of the Commission. In times of national emergency, moreover, +the Commission may direct the routing of the nation's freight, without +regard to the ownership of the lines involved. Lastly, the Act of 1920 +made provision for a permanent arbitration board for the settlement of +labor disputes in the railroad industry. + +354. THE OUTLOOK.--In view of the defective character of regulatory +legislation previous to 1900, government ownership of railroads did +not seem unlikely. But since the acts of 1903, 1906, and 1910, and +especially since the passage of the Transportation Act of 1920, there +has been such high promise of efficient regulation as to minimize the +movement toward government ownership. Not only are old abuses now more +likely to be remedied, but the Interstate Commerce Commission is now +empowered to relieve the roads of many undeserved burdens. Especially +is the Commission keenly appreciative of the necessity of stabilizing +the credit of the railroads. Until this is done the investing public +will have little confidence in the railroad business, and the roads +will continue to be inadequately financed. + +Perhaps the greatest problem now before the Commission is to complete +the "physical valuation" of the railroads begun in 1913. This +valuation aims to discover, by investigations conducted by expert +appraisers, the actual value of all railroad property in the United +States at the present time. On the basis of this valuation the +Commission believes that it can estimate the probable amount of +invested capital which the railroads represent. After this has been +done, the Commission can calculate what rates the railroads must +charge in order to earn a fair dividend on their money. The completion +of this physical valuation is, therefore, necessary if the Interstate +Commerce Commission is to fix rates which are just and reasonable from +the standpoint of the public on the one hand, and from the standpoint +of the railroads on the other. + + +QUESTIONS ON THE TEXT + +1. What is the economic basis of natural monopoly? + +2. Describe the regulation of local utilities. + +3. Give the chief arguments in favor of municipal ownership. + +4. What arguments are advanced against municipal ownership? + +5. What is the extent of municipal ownership in this country? + +6. Name some of the fundamental conditions of municipal ownership. + +7. Outline briefly the development of railroads in this country. + +8. How does the principle of decreasing cost apply to railroads? + +9. Discuss the evils resulting from railroad development. + +10. Why did State regulation fail to eliminate these evils? + +11. Discuss the nature and effect of the Interstate Commerce Act. + +12. Give the chief arguments in favor of national ownership of +railroads. + +13. What are the chief arguments against this step? + +14. When and why were the railroads taken over by the Government? + +15. Explain clearly the nature of the results of government control +of railroads. + +16. Enumerate the laws under which the Interstate Commerce Commission +now administers the railroads. + +17. Summarize present railroad legislation with regard to + +(a) discriminations, + +(b) rates, and + +(c) the extension of Federal control authorized under the Act of 1920. + +18. What is the greatest problem now before the Commission? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxviii. + +Or all of the following: + +2. Ely, _Outlines of Economics_, chapter xxvii. + +3. Fetter, _Modern Economic Problems_, chapters xxvii and xxx. + +4. King, _Regulation of Municipal Utilities_, chapter i. + +5. Seager, _Principles of Economics_, pages 419-431, and chapter xxiv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is meant by Transportation Economics? (Ely, page 557.) + +2. Explain clearly why public utilities are natural monopolies. +(Seager, pages 419-426.) + +3. What is the origin of the right to regulate public utilities in +the public interest? (King, page 4.) + +4. Why must municipal utilities be regulated or controlled? (King, +pages 11-16.) + +5. What is the relation of unregulated municipal utilities to bad +politics? (King, pages 17-19.) + +6. What are the legal duties of corporations controlling municipal +utilities? (King, page 10.) + +7. What forms may municipal ownership take? (Fetter, pages 461-462.) + +8. How does uniformity of product favor monopoly? (Fetter, page 463.) + +9. Why did the railroads receive liberal help from state and Federal +governments during the period of railroad development? (Fetter, page +413.) + +10. Distinguish between local and personal discriminations. (Fetter, +pages 416-417.) + +11. Discuss the nature of the early state railroad +commissions.(Fetter, pages 420-422.) + +12. In what respects was the Interstate Commerce act amended by the +legislation of 1903, 1906 and 1910? (Seager, pages 442-443.) + +13. What was the nature of the Commerce Court? (Seager, page 444.) + +14. What is the most convincing argument against the public ownership +of the telegraph and the telephone? (Seager, page 445.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a list of the natural monopolies in your locality. + +2. To what extent are the public utilities in your locality controlled +by the (a) municipality, the (b) state, the (c) Federal government? + +3. The franchise-granting power in your state. + +4. The regulation of local utilities in your municipality. + +5. Extent of municipal ownership in your section. If possible, visit a +municipally owned utility and report upon it. + +6. Interview an official of some local utility upon the desirability +of municipal ownership of that utility. + +7. The history of railroad development in your section. + +8. Outline the more important laws enacted by your state legislature +relative to railroads. + +9. Service and rates in your locality during the period of government +control, 1917-1920. + + +II + +10. Regulation of local utilities through the franchise. (King, +_Regulation of Municipal Utilities_, part ii.) + +11. Regulation of local utilities through the utility commission. +(King, _Regulation of Municipal Utilities_, part iii.) + +12. Standards of service for local utilities. (_Annals_, vol. liii, +pages 292-306.) + +13. The case for municipal ownership. (King, _Regulation of Municipal +Utilities_; Thompson, _Municipal Ownership_) + +14. The case against municipal ownership. (King, _Regulation of +Municipal Utilities_; Porter, _Dangers of Municipal Ownership_.) + +15. Early development of railroads in the United States. (Coman, +_Industrial History of the United States_, pages 232-248; Bogart, +_Economic History of the United States_, chapters xxiv and xxv; +_Lessons in Community and National Life_, Series C, pages 217-233.) + +16. Geographical distribution of railroads. (Semple, _American History +and its Geographic Conditions_, chapter xvii.) + +17. Combinations in the railroad industry. (_Lessons in Community and +National Life_, Series A, pages 219-224; Bogart, _Economic History of +the United States_, chapter xxix; Johnson, _American Railway +Transportation_, chapter iii.) + +18. Rate-making. (Johnson, _American Railway Transportation_, chapter +xx; Bullock, _Elements of Economics_, pages 212-217.) + +19. Physical valuation of the railroads. (_Annals_, vol. lxiii, pages +182-190.) + +20. Railroad regulation and the courts. (Johnson, _American Railway +Transportation_, chapter xxvii.) + +21. War-time control of railroads in the United States. (_Annals_, +vol. lxxxvi, all; Dixon, _War Administration of the Railways in the +United States and Great Britain_, part i.) + +22. Report of the Interstate Commerce Commission upon the desirability +of government ownership of railroads in the United States. (Cleveland +and Schafer, _Democracy in Reconstruction_, pages 382-396.) + +23. War-time control of railroads in Great Britain. (Dixon, _War +Administration of the Railways in the United States and Great +Britain_, part ii.) + +24. Railroad management in England and France. (Johnson, _American +Railway Transportation_, chapter xxiii.) + +25. Railroad management in Italy and Germany. (Johnson, _American +Railway Transportation_, chapter xxiv.) + + +FOR CLASSROOM DISCUSSION + +26. The success with which public utilities in your community have +been regulated. + +27. Should the franchise-granting power in your state be still further +restricted? + +28. The success of municipal ownership in your locality. + +29. The relation of "stock watering" or "overcapitalization" to high +profits. (See Taussig, _Principles of Economics_, vol ii, page 385.) + +30. Is public ownership of railroads more practicable under a +democratic or under an autocratic form of government? + + + + +CHAPTER XXIX + +THE TARIFF + + +355. THE PRINCIPLE OF EXCHANGE.--In Chapters VII and VIII it was +pointed out that when individuals divide up their labor so that each +becomes a highly specialized workman there is a resultant increase in +the community's productivity. Similarly, when one section of the +country is adapted primarily to manufacturing, while another section +is peculiarly suited to farming, there is a gain in national +productivity when each of these areas specializes in those activities +which it can carry on most effectively, and is content to resort to +trade in order to secure the benefit of industries specialized in +elsewhere. So far as the economic principle is concerned, there is +likewise a gain when different countries specialize in those forms of +production at which their citizens are most effective, and are content +to secure through international trade the products of specialization +in other countries. + +356. NATURE OF THE TARIFF.--But though all civilized nations allow and +even encourage the division of labor among their individual citizens +and among the various areas within their own boundaries, many +countries restrict the degree to which their citizens may exchange +their surplus products for the surplus products of foreign producers. +In the United States, for example, Congress has the power to levy a +duty or tariff on foreign-made goods which are brought into this +country for sale. + +This tariff may be levied primarily to increase national revenue, in +which case the rate of duty is generally too low to keep foreign goods +out of our markets. When the tariff is purely a revenue measure, "free +trade" is said to exist. On the other hand, a tariff may be so high +that domestic goods will be protected in our markets against +competition from foreign-made goods of a similar grade. In this case a +protective tariff is said to exist, though such a measure also brings +in revenue. Most tariff measures, indeed, contain both "revenue" and +"protective" elements, and it is only when a tariff act is _primarily_ +a protective measure that we speak of it as a protective tariff. + +357. THE MEANING OF "PROTECTION."--Let us be sure that we understand +exactly what is meant by "protection." Suppose that in the absence of +a protective tariff an English-made shoe can be produced and brought +to this country at a total cost of $3.00. Let us assume that this shoe +competes in the American market with an American-made shoe which is of +similar grade, but which, for various reasons, it costs $3.50 to +produce. Suppose, further, that both English and American producer +must make a profit of $0.50 per pair of shoes, or go out of business. +In the resulting rivalry, the English shoe can sell for $3.50 and make +a profit. Competition would force the American producer to sell his +shoe for $3.50 also, but since this would give him no profit, he would +be forced out of business. In such a case the American manufacturer +might secure the passage of a protective tariff on this type of shoe, +so that the English shoe would be charged $0.75 to enter this country +for sale here. This would bring the total cost of the English shoe up +to $3.75, and to make a profit the shoe would have to sell for $4.25. +But since the American shoe can be sold for $4.00, the English shoe is +forced out of the market. [Footnote: If, in this example, the duty +were, say, $.25, the foreign shoe could continue to enter our markets +and compete with the American shoe. In this case the tariff would be a +_revenue_, and not a _protective_ measure.] + +The tariff question arises primarily in connection with the matter of +protection, and may be stated as follows: Ought Congress to interfere +with international trade by levying protective duties on imports; and, +if so, just how and to what extent should such duties be levied? + +358. TARIFF HISTORY OF THE UNITED STATES.--The first tariff measure in +our national history was the Act of 1789. This was a revenue measure, +though it gave some degree of protection to American industries. Down +to the close of the War of 1812 our tariff was mainly for revenue +purposes. After the close of that war a heavy duty on foreign iron and +textile products was imposed for the purpose of protecting domestic +producers against the cheaply-selling English goods which were +flooding our markets. After 1816 it became our policy to combine in +the same tariff act high protective duties with revenue duties. In +1824 the general level of duties was raised. In 1828 Congress +endeavored to lay a tariff which would suit all sections of the +country, but the attempt failed. + +Between 1828 and 1842 the tariff was gradually lowered. Between 1842 +and 1861 our tariff policy was unsettled, but in the latter year the +domestic disturbances brought on by the Civil War resulted in the +passage of a tariff which turned out to be highly protective. In the +period immediately following the Civil War the tariff continued to be +very high, due chiefly to pressure from industrial interests which had +secured protection from the war rates. In spite of attempted reform in +1870, 1873, and 1883, the tariff continued to be highly protective. + +In 1894 the Democrats reduced the tariff somewhat, and in 1909 the +Republicans attempted to satisfy a popular demand for lower rates by +the passage of the Payne-Aldrich Act. This measure reduced some rates, +but not enough to satisfy the popular mind. In 1912 the Democrats +returned to power, and the following year passed the Underwood-Simmons +Act, lowering the rates on many classes of commodities, and placing a +number of important articles on the free list. In 1920 the Republican +party again secured control of the government, and the tariff was +raised. At present our tariff is highly protective. + +359. COMPROMISE CHARACTER OF TARIFF.--Our tariff history is full of +inconsistencies. The pendulum has swung first to low duties and then +to severely high duties. No tariff has satisfied all the interests +involved; indeed, no other issue, with the possible exception of +slavery, has provoked as much political strife as the tariff. Every +tariff is essentially a compromise, for a duty upon practically any +commodity which we might select will benefit some of our citizens, +while it will either prove of no use to other individuals or will +actually injure them. Animated by self-interest, the farmer, the +lumberman, the miner, or the manufacturer, each desires a protective +duty on the commodity which he produces, and a low rate, or no duty at +all, upon commodities which he consumes. As a result, the tariff has +become a sectional problem, in the solving of which Congressmen have +too often considered as paramount the economic interests of the +particular locality which they represent. + +360. NATURE OF THE TARIFF ARGUMENT.--The tariff question generally +divides men into two camps, those favoring "free trade," and those +demanding duties that are highly protective. From the standpoint of +economics, the most vital argument against protection is that there is +no fundamental reason why there should not be free trade between +nations. Protection is economically wasteful because it diverts +capital and labor from industries in which we are relatively effective +to industries in which our productivity is relatively low. High +protection is thus said to decrease national productivity, and to +impose a burden upon the consumer by preventing him from purchasing +cheaper foreign-made goods. + +In view of these facts, the free trader claims that to the extent that +the tariff is an economic proposition, the burden of proof rests upon +the protectionist. If this assertion is accepted, the tariff argument +consists of the attempts of the protectionist to outweigh the above +economic argument for free trade by putting forth economic arguments +for protection, and by developing social and political reasons for a +protective tariff. + +361. AN EARLIER TARIFF ARGUMENT.--Formerly one of the most important +arguments for protection was the home market theory. This theory was +advanced in 1824 by Henry Clay. In the effort to win the agricultural +interests to protection, Clay maintained that a protective tariff on +manufactures would develop urban centers, and that this would increase +the purchasing power of the city dwellers. This increased purchasing +power, Clay declared, would assure the farmer of a steady domestic +market, not only for his staples, but also for perishable goods which +could not be shipped to foreign countries. + +Though still heard in tariff discussions, this argument now exerts +less influence than formerly. Perfected means of transportation have +tended to place domestic and foreign markets on an equal footing. +Moreover, the population of our cities has increased so much more +rapidly than has the productivity of our farms, that it is unnecessary +artificially to create a home market for the farmer's produce. + +362. THE WAGES ARGUMENT.--At the present time one of the most +important arguments in favor of a protective tariff is that it either +creates or maintains a relatively high level of wages for workmen +engaged in the protected industries. Those advancing this argument +believe that free trade would lower wages and depress the standard of +living for large groups of workmen. + +The free trader maintains that high wages do not depend upon +protection, and this for three reasons: First, equally high wages are +often paid in protected and unprotected industries alike; second, high +wages do exist in a number of protected industries, but many of these +industries also paid high wages before protection had been secured; +third, there is nothing in a protective tariff to force employers to +pay more than the current wage. Rather than raising wages, Professor +Taussig maintains, "protection restricts the geographical division of +labor, causes industry to turn to less advantageous channels, lessens +the productivity of labor, and so tends to lower the general rate of +wages." + +363. THE VESTED INTERESTS ARGUMENT.--An important argument in favor of +continued protection is that the introduction of free trade would ruin +valuable manufacturing businesses which have been built up under +protection, and which are unprepared or unable to maintain themselves +against foreign competition. In the case of such industries, it is +maintained, the removal of protection might result in economic +disaster. Factories would have to close, investments would depreciate, +and numerous laborers would be thrown out of employment. + +There is great force in this argument. Even the most ardent free +trader will admit that a sudden removal of tariff duties might be +demoralizing to industries long used to protection. Nevertheless, the +vested interests argument is not so much an argument for continued +protection as it is a reason why there should be a gradual rather than +a sudden removal of protective duties. If protection were to be scaled +down gradually and wisely, there is no reason why capital invested in +industries unable to stand foreign competition could not be gradually +transferred to industries unaffected by foreign competition. + +364. TARIFF ARGUMENTS ACCENTUATED BY THE WORLD WAR.--Three arguments +in favor of protection have taken on greater importance because of the +World War. + +One of these is the anti-dumping argument. From the standpoint of the +American tariff, dumping is the practice which some foreign producers +have of temporarily selling their surplus goods in this country at an +abnormally low price. [Footnote: Some American producers in turn +"dump" in foreign markets, but with this practice we are not here +concerned.] If dumping were permanent, we would gain because we would +be getting goods at a much lower price than we could manufacture them. +The evil of dumping grows out of the fact that it tends to force +domestic producers out of business. Then later the foreign supply may +diminish, in which case we suffer from a shortage of goods. If foreign +producers do continue to supply the American market they may take +advantage of the fact that American competitors have been forced out +of business, and demand monopoly prices. The free trader admits the +force of the anti-dumping argument, and concedes that the intense +economic rivalry growing out of the World War rendered desirable +tariff rates which would protect domestic producers against dumping. + +Another protectionist argument which has gained in strength because of +the War is the "infant industries" argument. Protectionists claim that +industries really adapted to this country may be prevented from +arising here because of their inability, while still in the +experimental stage, to meet strong competition from well-established +foreign producers. When an industry is in the experimental stage the +cost of production is relatively high, and the price will be +correspondingly high. Well established and economically-conducted +businesses can undersell these experimental or "infant" industries. +Protection for such "infant" industries is therefore sought until such +time as they will be able to stand foreign competition. The free +trader has generally replied that such protection may be desirable in +some cases, but maintains that care should be taken to make such +protection both moderate and temporary, otherwise protection will +perpetuate industries for which we are really unsuited. During the +World War American producers began to manufacture dyes and chemicals +formerly imported from Germany. The industrial importance of these +products gave weight to the belief that the new industries which +sprang up in this country during the War were entitled to protection +against foreign competition. + +A third protectionist argument which was strengthened by the World War +is the military or self-sufficiency argument. It has long been the +claim of the protectionist that high tariff duties encourage the +development in this country of all industries producing the +necessities of life, as well as all supplies which are vital in war +time. High protection was thus defended on the grounds that it +permitted the United States to be nationally self-sufficing, thus +allowing us to be relatively independent of other countries, +especially in war time. Previous to the World War many free traders +scoffed at this argument as resting upon an unjustified fear of war, +but this attitude was changed by the dangers to which we were +subjected by the interruption of our foreign trade during the war. At +present the military or self-sufficiency argument is of great +importance. + +365. THE TREND TOWARD PROTECTION.--Of late years, therefore, there has +been a distinct trend toward protection in this country. The fear of +dumping, the desire to protect infant industries established during +the World War, and the increased importance of the military or self- +sufficiency argument have been factors in this trend. Another factor +has been that the Republican party, traditionally committed to a +policy of high protection, returned to power in 1920. A last important +influence has been an increased need for Federal revenue. The World +War not only increased our indebtedness, but the advent of national +prohibition in 1919 cut off a source of Federal revenue formerly very +important. + +366. TARIFF NEEDS.--From the standpoint of practical politics, one of +the greatest needs of our time is for an intelligent and public- +spirited handling of tariff problems. The tariff is a technical and +highly complex question, upon which politicians have heretofore had +too much to say, and trained economists too little. Too often, vague +claims and political propaganda have carried more weight than have +facts. + +It is asserted by many that the tariff can never be taken out of +politics, but this is perhaps too strong a statement. In this +connection an interesting development was the establishment in 1916 of +the United States Tariff Commission. This Commission consists of six +members appointed by the President for twelve years. Not more than +three of the members may belong to the same political party. It is the +duty of the Commission to investigate conditions bearing upon the +tariff and to report its findings to Congress. It is hoped that this +plan will place at the disposal of Congress scientific data on which +to base tariff legislation. So far the Commission has not materially +reduced the influence of politics upon tariff legislation, though it +is perhaps too soon to expect results. + +It is sometimes said that our tariff policy ought to be less +changeable. Certain it is that our tariff history is full of +inconsistencies and irrational fluctuations. But the question of a +tariff policy is a thorny one. Manifestly, business should not be +forced to accommodate itself to a purely political manipulation of the +tariff; on the contrary, the tariff ought to vary with changes in +business conditions at home and abroad. Whatever may be implied by a +tariff "policy," it is also certain that the tariff should somewhat +accommodate itself to revenue needs. Beyond these somewhat general +statements, however, it is hardly safe to say what should be the basic +elements in a national tariff policy. + + +QUESTIONS ON THE TEXT + +1. Explain the gain from exchange. + +2. What is meant by the tariff? Distinguish between a revenue and a +protective tariff. + +3. State the tariff problem. + +4. Outline briefly the tariff history of the United States. + +5. Why is tariff practically always a compromise? + +6. Discuss the home market argument. + +7. What can be said for and against the wages argument? + +8. What is the vested interests argument? + +9. What effect did the World War have upon the anti-dumping argument? + +10. What is the military or self-sufficiency argument? + +11. How did the war affect the infant industries argument? + +12. Why was there a trend toward protection after the World War? + +13. What is the nature and purpose of the United States Tariff +Commission? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxix. + +Or all of the following: + +2. Carver, _Elementary Economics_, chapter xxvii. + +3. Fetter, _Modern Economic Problems_, chapter xv. + +4. Seager, _Principles of Economics_, chapter xxii. + +5. Thompson, _Elementary Economics_, chapter xix. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the extent of the protective tariff throughout the world? +(Fetter, page 218.) + +2. Distinguish between a specific and an ad valorem duty. (Fetter, +pages 219-220.) + +3. What is meant by a free list? (Fetter, pages 220-221.) + +4. What is the fundamental proposition of the free trader? (Carver, +page 244; Thompson, pages 262-263.) + +5. What is the "no buying no selling" argument? (Thompson, page 263.) + +6. What is the balance-of-trade argument? (Carver, page 245.) + +7. What is the origin of the present tariff system? (Seager, pages +394-395.) + +8. What is the political argument in tariff discussions? (Seager, +page 397.) + +9. What is the relation of tariff to political corruption? (Seager, +page 405.) + +10. What was the character of the Payne-Aldrich tariff of 1909? +(Fetter, pages 233-234.) + +11. What was the character of the Underwood tariff of 1913? (Fetter, +pages 234-236.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. The home market argument with reference to conditions in your +section. + +2. The infant industries argument with reference to conditions in your +section. + +3. Commodities essential to the prosperity of your community which are +imported from abroad. + +4. The attitude of your section of the country toward the tariff. Has +this attitude changed in the past fifty years? + +5. Write to your Representative in Congress for his opinion on the +need of a "fixed tariff policy." + +6. Interview several friendly business men on their attitude toward +the tariff. + +7. Interview a member of the Democratic party upon the attitude of his +party toward the tariff. + +8. Interview a member of the Republican party upon the attitude of his +party toward the tariff. + + +II + +9. The principle of international trade. (Taussig, _Principles of +Economics_, vol. 1, chapter xxxiv; Fetter, _Modern Economic Problems_, +chapter xiii.) + +10. The gain from international trade. (Taussig, _Principles of +Economics_, vol. 1, chapter xxxv.) + +11. The infant industries argument as applied to American industries. +(Taussig, _Tariff History of the United States_, Part 1, chapter i.) + +12. The Civil War tariff. (Taussig, _Tariff History of the United +States_. Consult also any economic history of the United States, or +any standard text on economics.) + +13. Tariff administration. (_Cyclopedia of American Government_.) + +14. Political aspects of the tariff. (Tarbell, _The Tariff in Our +Times_, chapter xii.) + +15. The history of any important tariff since the Civil War. (Consult +Taussig, _Tariff History of the United States_; Fetter, _Modern +Economic Problems_, chapter xv; any standard work on the economic +history of the United States; or any encyclopedia under "Tariff.") + +16. The tariff in Germany. (Ashley, _Modern Tariff History_, part i.) + +17. The tariff in France. (Ashley, _Modern Tariff History_, part iii.) + + +FOR CLASSROOM DISCUSSION + +18. Why has the wages argument increased in importance within the last +half century? + +19. How could our protective tariff be abolished without endangering +present investments in protected industries? + +20. The question of a national tariff policy. + +21. To what extent should the formulation of our tariff acts take into +consideration the wishes of foreign producers who desire to sell their +goods in this country? + + + + +CHAPTER XXX + +CONSERVATION + + +367. ATTITUDE OF THE EARLY SETTLER TOWARD NATURAL RESOURCES.--The +chief concern of the early American settler was to turn a virgin +continent into homes as quickly and as easily as possible. During the +seventeenth, eighteenth, and most of the nineteenth century, our +natural resources were very abundant, while labor and capital were +relatively scarce. As the settlers spread across the Appalachians and +into the great West, it was to be expected, therefore, that the home- +maker should use labor and capital as carefully as possible and that +he should use generously such resources as forests, water power, and +soil fertility. Little blame attaches to the early settler for this +attitude, indeed he acted in accordance with sound economic law. This +economic law declares that under any particular set of circumstances +factors of production should be carefully used in proportion as they +are scarce, and generously used in proportion as they are abundant. + +368. RESULT: GROWING SCARCITY OF NATURAL RESOURCES.--The rapid +settlement of the West was essential to our national unity and +development. Nevertheless, the extensive and even lavish use of +natural wealth since colonial times has lately called attention to the +scarcity of resources formerly considered overabundant. + +More than three fourths of our original forest area has been culled, +cut over, or burned, since colonial times. Wholesale logging methods +have swept vast areas bare of valuable timber. Careless cutting has +wasted a quarter of our timber supply. In the lumber mill about 40 per +cent of the entire volume of the logs is lost by wasteful methods of +work. Since 1870 forest fires have annually destroyed more than +$50,000,000 worth of timber. Altogether our timber supply is +diminishing three or four times as fast as we are replenishing it. + +By holding sod in place, forests furnish a sponge-like reservoir which +absorbs rainfall and then retains it sufficiently to insure that it +will be paid out only gradually. The process of cutting down forests, +called deforestation, destroys the sod, so that streams formerly fed +from forested areas by a steady process become dangerously swollen in +certain seasons and greatly reduced in size at other times. One effect +of this alternation of freshets with abnormally dry periods is a loss +of steady and dependable water power. + +Deforestation has also an injurious effect upon agriculture. When +heavy rains wash valuable surface soil from the tops and sides of +hills these denuded areas are rendered less valuable for grazing, +while the overabundance of top soil in the valleys retards effective +cultivation. Agriculture also suffers from the fact that streams which +would ordinarily furnish a steady supply of irrigation water are often +either in a state of flood or practically dried up. + +Despite the excellent work done by the Department of Agriculture, +American farming methods are in many sections of the country both +careless and wasteful. The abundance of land in past years seemed to +justify our free use of it, nevertheless such use has in many cases +resulted in a serious loss of fertility. Careless tillage and a +failure to rotate crops have resulted in a heavy loss of nitrogen, +potassium, phosphorus, and other essential soil elements. + +Heretofore we have used coal very lavishly. Often as much coal has +been wasted as has been mined. Mining corporations have often +neglected low grade coal deposits, and have abandoned mines without +having first removed all of the accessible high grade coal. Imperfect +combustion, both in dwellings and in industrial establishments, is +said to waste more than a third of our coal, as well as creating a +costly and injurious smoke nuisance. Our consumption of coal is +doubling every ten years. In view of the fact that our coal deposits +are limited, this increasing consumption is a serious development. + +Iron, too, has been used wastefully. The bog iron deposits of the +Atlantic coast were used up before 1800, and as the result of an +intense industrial development since 1850, the supply of high grade +ores is being speedily diminished. Oil and gas have been used +lavishly, and even, in some cases, deliberately wasted. + +369. HIGH PRICES.--The lavish use of natural resources which has +characterized the American people since colonial times has been an +important factor in the cost of living. In early days there was an +abundance of resources and few people to use them; at present the +supply of many of our resources is greatly diminished, and there is a +much larger population seeking to use them. In the case of every +natural resource the supply is either limited or is failing to +increase as rapidly as are the demands upon it. The result is higher +prices for coal, wood, iron, oil, gas, and similar commodities. It is +at least partly due to the heavy drain upon our resources that the +cost of building homes, heating them, feeding the population, and +carrying on the varied activities of American industry is steadily +increasing. + +370. MONOPOLY.--Throughout the history of our natural resources there +has been a strong tendency toward monopoly. Natural resources should +be safeguarded for the benefit of the people as a whole, yet much of +our natural wealth has been monopolized by individuals. Four fifths of +our timber lands are privately owned, and of that four fifths about +half is controlled by 250 companies. Two thirds of the developed water +power in this country is controlled by a small group of power +interests. Defective land laws, the lax administration of good laws, +and extravagant land grants to railroads have allowed private fortunes +to be built up without a proportionate advantage to the public. Coal +and petroleum deposits are controlled largely by a few corporations, +while a heavy percentage of our copper and iron deposits is in private +hands. + +371. THE CONSERVATION MOVEMENT.--After the middle of the nineteenth +century the growing scarcity of many natural resources called +attention to the need of conserving them. Conservation means to +utilize economically, rather than to hoard. It means, furthermore, +that resources should be used so that both the present and future +generations will reap a proper benefit from America's great natural +gifts. Thus conservation seeks, Mr. Van Hise once said, "the greatest +good to the greatest number, and for the longest time." The dawn of +the conservation idea stimulated a reaction against the careless +administration of natural resources. Toward the end of the 19th +century, there was an increasing amount of legislation encouraging the +legitimate use of natural resources on the one hand, and repressing +monopoly on the other. After the opening of the twentieth century +interest in conservation increased. In 1908 President Roosevelt called +a conference of the governors of the various states for the purpose of +considering this vital problem, and from that meeting dates a definite +and nationwide conservation policy in this country. + +Some of the effects of this changing attitude toward natural resources +may now be noted. + +372. FORESTS AND WATER POWER.--In 1891 a Federal law provided for a +system of national forest reservations. These reservations now include +a substantial proportion of our forests, and are steadily extending +their limits. Since 1897 there has been a Bureau of Forestry which has +performed invaluable services. Forest fires have been reduced, denuded +areas have been reforested, forest cutting has been controlled, and a +constructive program of forest culture developed. Forest reserves +under the control of the individual states now total more than +10,000,000 acres. Of late years there has been an increasing use of +dams and reservoirs for the storage of flood waters and the +development of water power. This regulation of streams gives a uniform +flow of water both for navigation and for irrigation purposes. + +373. THE LAND.--The desire to encourage the home-maker has long been +the motive power behind our public land policy, but unfortunately many +of our earlier land laws did not prevent peculators and large +corporations from fraudulently securing control of land intended for +the _bona fide_ or genuine settler. Within the last quarter of a +century our land laws have been reorganized, with the double aim of +doing justice to this type of settler, and of suppressing speculation +and monopoly. As the result of Land Office investigations in 1913, +more than 800,000 acres were returned to the public domain, on the +ground that they had been secured through fraud. + +The Department of Agriculture has steadily extended its scope. Better +methods of cultivation, lessons in soil chemistry, and experiments +with new and special crops have helped conserve the resources of the +land. An elaborate system of experiment stations has been built up +since 1887. The Weather Bureau in the Department of Agriculture saves +millions of dollars' worth of property annually by sending out +warnings of frost, storm, and flood. + +Reclamation is increasingly important. New crops are being developed +for the semi-arid areas of the West. Swamp lands in the East and South +are being drained. Levees and breakwaters along the Mississippi are +helping to prevent the loss of arable land through the river's changes +in course. + +Even more important is the irrigation movement. In 1894 the Carey Act +gave Federal encouragement to several western states in irrigation +projects, and in 1902 the Reclamation Act provided for the +construction of irrigation works under the direction of the Secretary +of the Interior. The plan provided by the Act of 1902 is self- +supporting, the expense of the construction and improvement of the +irrigation system being met from the sale of public lands. The +administration of the Reclamation Act has already resulted in millions +of acres being brought under cultivation. + +374. MINERALS.--Until 1873 coal lands were disposed of on practically +the same terms as agricultural lands. But after that date laws +restricting the purchase of coal lands began to be increasingly +severe. In 1910 Congress withdrew from public sale nearly 100,000,000 +acres of coal, petroleum, and phosphate lands. At the present time the +discovery of coal on land secured by settlers for purely farming +purposes entitles the government to dispose of the coal deposits under +special conditions. There is also a tendency for the government to +demand higher prices of individuals buying public coal lands. + +In some quarters there is a demand that all coal lands be leased +rather than sold. The Federal government has not yet yielded to this +demand, but Colorado and Wyoming now lease rather than sell their coal +lands. Under the lease system in these states, the state retains +ownership, but allows private individuals a definite commission per +ton of coal mined. The lease system is also advocated in the case of +lands containing iron, oil, and gas deposits, on the grounds that it +safeguards the interests of the public and at the same time allows the +mining corporations a fair profit. + +375. REASONS FOR OPTIMISM.--In spite of the appalling waste which has +been characteristic of our administration of natural resources, the +outlook is distinctly encouraging. Resources used by past generations +are gone forever, but at last we are making rapid strides in +conserving what is left. Not only this, but we are perfecting plans +for an increased supply of those resources which can be replenished. + +The admirable work of our Forest Service promises not only to reduce +the present waste of wood products, but actually to increase the +supply of timber. The Service deserves high praise both for its work +in saving and replenishing forests, and for its wise handling of +forest problems involving other resources. "By reasonable thrift," +runs a report of the Forest Service, "we can produce a constant timber +supply beyond our present need, and with it conserve the usefulness of +our streams for irrigation, water supply, navigation, and power." + +We now appear thoroughly awake not only to the necessity of +safeguarding what is left of the public domain, but also to the +necessity of increasing the productivity of inferior lands. There are +still in this country more than 300,000,000 acres of unappropriated +and unreserved land. Three fourths of this area is at present fit only +for grazing, but the rapid development of kaffir corn, durum wheat, +Persian clover, and other crops suitable for dry soils bids fair +greatly to increase the productivity of this land. + +The irreplaceable character of our mineral deposits, together with the +tendency for large industrial interests to monopolize minerals. has +greatly stimulated the conservation of these resources. A valuable +step forward has been the reclassification of public lands to allow of +special treatment of lands containing mineral deposits. Coal is still +used lavishly, but nine tenths of our original deposits are still in +existence. Furthermore, water power, electricity, and other +substitutes for coal are being developed. Our high grade iron ores +will be exhausted in a few decades, but an iron shortage may be +prevented by more careful mining, the use of low grade ores, and the +use of substitutes. + +376. DIFFERENT RESOURCES CALL FOR DIFFERENT TREATMENT.--A wise +conservation policy will take note of the fact that different +resources call for different types of treatment. Coal, petroleum, oil, +and gas are limited in extent and are practically irreplaceable. These +should be taken from the earth and utilized as economically as +possible. The same is true of the metallic minerals, such as iron and +copper, though here the use of substitutes is of greater importance +than in the case of non-metallic minerals. + +Water can best be conserved by the wise development of water power +sites, and by the careful utilization of streams. + +Forests may be renewed, but slowly. Their conservation requires the +prevention of fires, the reduction of waste in cutting and milling, +the use of by-products, and scientific reforestation. + +Soil elements may also be renewed, though slowly and with difficulty. +Reforestation prevents erosion and thus conserves soil fertility. +Systems of crop rotation designed to retain nitrogen, potassium, and +phosphorus are valuable. + +377. SOME CONSERVATION NEEDS.--The above considerations indicate some +of our conservation needs. It is believed by most students of +conservation that the Federal forest holdings should be extended and +consolidated. There is need for more stringent forest fire +regulations, especially in the case of private forests. In order to +reforest the denuded areas and to grow timber scientifically some such +plan as the German system of forest culture might be adopted. There is +urgent need of a systematic development of our inland Waterways. The +construction of more dams and reservoirs, the dredging of rivers and +harbors, the coördination of canals and inland waterways, and the +improvement of the Mississippi-Great Lakes system, all these would be +helpful measures. Irrigation and other reclamation projects, including +the drainage of swamp lands, should be developed systematically. +American farming methods ought still further to be improved. We are in +need of laws penalizing wasteful methods of mining and prohibiting +uneconomical methods of combustion. Probably the system of leasing +rather than selling mineral lands should be extended. + +A last vital need in conservation is coöperation between state and +Federal authorities, and between private individuals and public +agencies. This is of great importance. Where rivers course through +several states, and where forest fires in one section threaten +adjacent forest areas, coöperation must be secured. The Governors' +Conference of 1908 stimulated coöperation between the states and the +Federal government, and since 1909 the National Conservation +Association has been a means of coördinating the work of all persons +and agencies interested in conservation. There is still, however, +little coöperation between state or Federal governments on the one +hand, and private owners on the other. It is a matter of special +regret that although four fifths of our forests are privately owned, +both fire prevention and scientific forestry are little developed on +private estates. + +378. THE QUESTION OF ADMINISTRATION.--Though it is conceded on all +sides that our natural resources ought to be utilized economically, +there is much discussion as to whether the states or the Federal +government ought to dominate the conservation movement. + +Those favoring the extension of Federal control over conservation +point out that forest control, irrigation, conservation of water +power, and similar projects are distinctly interstate in character, +and are thus properly a Federal function. Federal administration is +said to be necessary in order to insure fair treatment of different +localities. Finally, it is maintained, the states have either +neglected the question of conservation, or have handled it in their +own interests rather than with regard to the national welfare. + +A strong party maintains, on the other hand, that conservation is +primarily a state function. The movement is said to be too large for +the Federal government to handle. It is contended that there is no +specific warrant in the Constitution for the Federal control of +conservation. It is also claimed that Federal administration of +natural resources has been accompanied by waste and inefficiency. +Conservation is said to be a local question, best administered by +those most interested in the problem, and, by reason of their +proximity to it, most familiar with it. + +The problem of administration is a difficult one. In a number of cases +the claims for and against Federal control are obviously sound. But +from the standpoint of the public the whole matter is of secondary +importance: the problem of administration ought to be decided on the +basis of what is best under particular circumstances. Some phases of +conservation are probably best looked after by the states, others by +the Federal government, still others by the state and Federal +governments jointly. The problem of conflicting authority ought +somehow to be solved. Conservation is too vital a matter to be +hampered by the question of method or means. + + +QUESTIONS ON THE TEXT + +1. What was the attitude of the early settler toward natural +resources? + +2. Discuss the growing scarcity of natural resources. + +3. What is the relation of lavish use of natural resources to the cost +of living? + +4. What part has monopoly played in the history of our natural +resources? + +5. Describe the origin and early development of the conservation +movement. + +6. Outline the conservation of forests and water power. + +7. How is land being conserved? + +8. What is the purpose of the Reclamation Act of 1902? + +9. What measures have recently been taken to safeguard our mineral +deposits? + +10. Why may the present outlook for conservation be said to be +optimistic? + +11. Outline our conservation needs. + +12. Why is coöperation essential to the conservation movement? + +13. Give the chief arguments for and against Federal administration of +conservation. + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxx. + +Or all of the following: + +2. Coman, _Industrial History of the United States_, chapter xi. + +3. Reed, _Form and Functions of American Government_, chapter xxxiii. + +4. Van Hise, _Conservation of Natural Resources in the United States_, +Introduction. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Into what two classes may natural resources be divided? (Van Hise, +page 1.) + +2. Discuss the sale of the public domain under the early land acts. +(Reed, page 382.) + +3. Outline the destruction of fur-bearing animals by the early +settlers. (Coman, page 377.) + +4. Explain the effects of depleted pasturage in the West. (Coman, +pages 381-382.) + +5. What are the aims of the Inland Waterways movement? (Coman, page +394.) + +6. What part did Gifford Pinchot play in the Conservation movement? +(Van Hise, pages 4-5.) + +7. What is the origin of the National Conservation Commission? (Van +Hise, pages 7-8.) + +8. What is the nature of the North American Conservation Conference? +(Van Hise, page 9.) + +9. Describe the character of the National Conservation Association. +(Van Hise, pages 12-13.) + +10. Why should the Conservation movement be carried forward as rapidly +as possible? (Van Hise, page 14.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Interview an old resident with regard to the relative abundance of +forests, cheap land, and wild game in your locality a half century +ago. + +2. Extent and utilization of forests in your state. + +3. Draw up a comprehensive plan for the prevention of forest fires. + +4. Extent of unused land in your state. What is being done to make +this land more productive? + +5. Classify the mineral deposits of your state. By whom are they +controlled? + +6. List the water-power sites in your locality. Draw up a plan for +reforestation which would include constructive measures for the +conservation of land and water power as well as forests. + +7. If possible, visit a lumber camp or a mine, and observe the methods +of work. + +8. Outline a plan for a local conservation club, to be affiliated with +the National Conservation Association. + + +II + +9. The principles of conservation. (Van Hise, _Conservation of Natural +Resources_, pages 359-362.) + +10. Relation of population to conservation. (Van Hise, _Conservation +of Natural Resources_, pages 375-380.) + +11. The use of our forests. (Van Hise, _Conservation of Natural +Resources_, pages 218-260.) + +12. Water power. (Van Hise, _Conservation of Natural Resources_, pages +106-185; Huntington and Gushing, _Principles of Human Geography_, +chapter ix.) + +13. Irrigation. (Van Hise, _Conservation of Natural Resources_, pages +185-202; Huntington and Gushing, _Principles of Human Geography_, +chapter xvii.) + +14. Inland waterways. (Huntington and Gushing, _Principles of Human +Geography_, chapter vi.) + +15. Federal control of water in Switzerland: (_Annals_, vol. xxxiii, +No. 3, pages 113-121.) + +16. Land laws of the United States. (Van Hise, _Conservation of +Natural Resources_, pages 279-297.) + +17. Legal problems of reclamation. (_Annals_, vol. xxxiii, No. 3, +pages 180-192.) + +18. The work of Gifford Pinchot. (Consult an encyclopedia.) + +19. The Congress of Governors, 1908. (Van Hise, _Conservation of +Natural Resources_, appendix i.) + +20. The North American Conservation Conference. (Van Hise, +_Conservation of Natural Resources_, appendix ii.) + +21. The National Conservation Association. (Van Hise, _Conservation of +Natural Resources_, appendix iii.) + + +FOR CLASSROOM DISCUSSION + +22. To what extent should state governments regulate private forests? +(Consult _Annals_, vol. xxxiii, No. 3, pages 26-37.) + +23. Should all mineral lands be leased rather than sold? + +24. Is the adoption of a program of scientific forest culture at this +time economically justified? + +25. Under our present laws is it possible effectively to coördinate +the conservation work of state and Federal governments? + +26. Are higher prices an effective check to the excessive use of +forest and mineral products? + +27. State versus Federal administration of conservation. (Consult the +Debaters Handbook Series.) + + + + +CHAPTER XXXI + +CREDIT AND BANKING + + +379. SOME PRELIMINARY DEFINITIONS.--Money may be defined as anything +that passes freely from hand to hand as a medium of exchange. Money is +of two types: first, coin, including gold, silver, nickel, and copper +coins; and second, paper money, including several kinds of +certificates and notes. Both types of money, coin and paper, are +called "cash." Credit refers to a promise to pay money or its +equivalent at a future date. A bank is an institution which makes it +its special business to deal in money and credit. A check is a written +order directing a bank to pay a certain sum of money to a designated +person. A bank note is a piece of paper money or currency which +constitutes the bank's promise to pay in coin and on demand without +interest, the sum named on the face of the note. A reserve fund is an +amount of money or securities which a bank habitually keeps on hand as +a partial guarantee that it will be able to meet its obligations. + +380. TYPES OF BANKS.--Of the several types of banks, the savings bank +is perhaps the most familiar to young people. A savings bank will +receive deposits of one dollar or more, and will pay interest on these +amounts. But the savings bank does not pay out money on checks drawn +against deposits. Indeed, it may require a formal notice of several +days before deposits can be withdrawn. + +In many states there are trust companies. In addition to performing +the function of a commercial bank, trust companies take care of +valuable papers, execute trusts and wills, and sometimes guarantee +titles to land. + +The investment bank is usually a private institution, conducted +chiefly in the interests of certain large industrial organizations. + +A fourth type of bank is the commercial bank, with which this chapter +is chiefly concerned. The commercial bank derives its name from the +fact that it deals largely with business men. If classified on the +basis of their charters, rather than on the basis of function, +commercial banks may be either National, State, or private banks. + +381. PRIMARY FUNCTION OF THE COMMERCIAL BANK. [Footnote: Throughout +the remainder of this chapter the word "bank" should be taken as +referring to the commercial bank.]--The primary function of a +commercial bank is to receive the deposits of persons who have saved +sums of money for which they have no immediate use, and to make loans +to persons who desire them. Of course, those who have deposited sums +with a bank may draw on their accounts at any time, either themselves +demanding sums of the bank, or directing the bank, by means of checks, +to pay specified sums to others. But experience has taught the bank +that if it keeps on hand a reserve fund equal to from five to about +thirty-five per cent of the sums for which it is liable to depositors, +it will ordinarily be able to meet all the demands for cash which +depositors will be likely to make upon it. The bank may then loan out +to business men the remainder of the money deposited with it. This not +only encourages production, but it allows the bank to secure a reward +for its services. This reward is in the form of interest paid by those +who borrow of the bank. + +382. THE NATURE OF BANK CREDIT.--When an individual actually deposits +with a bank $100 in cash, the bank becomes owner of the $100, and in +turn writes down on its books the promise to pay to the depositor, as +he shall direct, amounts totaling $100. The depositor receives a +check book, and may draw part or all of the $100, as he likes. + +Now it may happen that an individual may wish to increase his checking +account at the bank, but that he has no actual cash with which to make +a deposit with the bank. In this case he may give the bank his +promissory note, together with stocks, bonds, or other forms of +wealth, which the bank holds as security. In return, the bank credits +him with a "deposit." This means that the bank extends its credit to +the individual, by undertaking to honor checks for sums not actually +received from the depositor. + +The bank has received valuable security from the borrower and hence +feels justified in extending him a deposit credit. But, why does a +bank feel _safe_ in undertaking to pay out sums of money which it does +not actually have in its vaults? The answer is that the bank attempts +to keep on hand a reserve fund sufficient to meet all demands for cash +which may be made upon it. If the reserve fund is relatively large, +the bank will ordinarily loan its credit freely. If the cash reserve +is relatively low, the conservative bank may refuse further loans, on +the grounds that its cash reserve is too low to justify the acceptance +of additional obligations. The only safe alternative to this is for +the bank in some way to increase its reserve fund, and then proceed to +extend the amount of credit justified by this increased reserve. + +383. DANGERS OF BANK CREDIT.--The integrity of these various +operations rests upon the confidence which people have in the bank's +ability to make good its promises. Confidence in the deposit credit of +a bank exists when the past experience of depositors has taught them +that the bank in question will habitually exchange either coin or bank +notes for checks. Bank notes are ordinarily accepted in the place of +coin, because people believe the credit of the bank issuing those +notes to be so firmly established that the bank would be able and +willing to exchange coin for its notes, upon demand. A bank is +enabled to meet these obligations promptly, it should be remembered, +because it keeps on hand, against the demands of depositors, a reserve +fund of cash, or securities which by law it is allowed to count as +cash. If all of the depositors of a bank suddenly and simultaneously +demanded the full amount of their deposits in coin, the bank would be +unable to accommodate them; as a matter of fact, business men normally +leave in the bank that share of their deposits which they do not +actually need. So long as men have confidence in a bank, they will +prefer checks and bank notes to the less convenient coin, unless they +need coin for some special purpose. + +If properly managed a bank is a profitable business for everyone +concerned. But even though properly managed, a bank may occasionally +find itself in a precarious position. There are few matters which the +average person comprehends as vaguely as banking, and few things which +more vitally interest him than the safety of his money. These two +facts combine to render banking extremely sensitive to every rumor of +unsoundness. The careful regulation of banking by law is therefore +necessary. + +384. THE NATIONAL BANKING SYSTEM.--The Civil War plunged our +government into serious financial straits. To improve the finances of +the Federal government there was created, in 1863, a system of +national banks. The original act of 1863 is still the basis of our +banking system, though it has since been modified a number of times, +notably in 1913. + +We speak of a "national banking system," but as a matter of fact this +term is inexact. From the beginning of their history, the so-called +national banks were "national" only in the sense that they were +chartered by the Federal government, and were subject to examination +by Federal inspectors. These national banks constituted no definite +system: they transacted business much as other banks did, they had no +branches, and they had little to do with one another. There was little +team-work, and no effective leadership, so that in time of a +threatened panic the different parts of the "system" worked at cross- +purposes instead of as a unit. + +385. WHY A BANKING SYSTEM MUST BE ELASTIC.--A good banking system will +be elastic, _i.e._ it will respond promptly to the varying needs of +business. Money and credit constitute a mechanism by means of which +business is handled, just as the labor force of a factory constitutes +a means of handling the output of the factory. If the output of the +factory increases, a larger labor force is needed; if the output +dwindles, fewer laborers are needed. Similarly, if business increases +in volume, an increased amount of money and credit is necessary to +handle the increased volume of business. If, on the other hand, +business declines, the volume of money and credit ought to decline +also. Otherwise, there will be so much money and credit in +circulation, relatively to the amount of goods, that high prices will +result. + +High prices will result for the following reason: Money and credit are +used to exchange against goods. As a general proposition, all the +available goods in a community are in a process of exchanging against +all of the available money and credit in the community. If goods are +relatively few and money and credit are relatively plentiful, a small +amount of goods can command a large amount of money and credit, _i.e._ +the goods will sell for high prices. A sound banking system, +therefore, will allow an expansion of money and credit instruments +when business is booming, and will permit the contraction of the +mechanism of exchange when business is growing dull. + +The old national banking system was inelastic in two ways: first, it +provided an inelastic supply of deposit credit; second, it provided an +inelastic supply of currency or bank notes. + +386. INELASTICITY OF DEPOSIT CREDIT (RESERVES).--It will be recalled +that the amount of loans which a bank may make depends upon the +maintenance of an adequate reserve fund. From this it follows that the +larger the reserve fund the more loans the bank will feel justified in +making. Similarly, if the reserve fund shrinks, sound banking demands +that loans be curtailed. Keeping these facts in mind, there were two +reasons why the supply of deposit credit was inelastic before 1913. + +In the first place, individual banks kept only a part of their +reserves actually in their vaults. The remainder, and sometimes the +larger part, of their reserves was maintained in the form of deposits +in other banks. Banks in towns and small cities habitually kept part +of their reserves in the form of deposits in the banks of large +cities, and the latter in turn kept part of their reserves in the +banks of New York City, the financial center of the country. Hence the +cash reserves of the country tended to collect in New York, where they +were utilized by New York banks as a basis for extending loans. + +This was a dangerous arrangement. In the fall of the year large +amounts of cash were demanded in the West, in order to pay farm hands +and otherwise "move the crops." At such times the small western banks +had to demand their deposits in larger banks, while these in turn had +to call for their deposits in the New York banks. The New York banks +were often embarrassed by these demands, because they made a practice +of fully utilizing the funds left with them, as a basis for extending +loans. The call in the West for cash meant a curtailment of these +loans with a consequent demoralization of eastern money markets. + +In the second place, individual banks were unable to extend loans to +customers beyond the point justified by the amount of reserves in +their vaults, or deposited to their credit in other banks. A bank with +a total reserve of $10,000 might feel justified in loaning its credit +to the extent of $100,000, but in case demands for additional loans +were made upon it, sound banking practice would oblige it to refuse +accommodation. Otherwise it might later find itself unable to get +enough cash to pay out against claims made in the form of checks. This +practice of curtailing loans when reserves were depleted was +demoralizing to business, since the disappointed customer might find +his entire business blocked, and this in turn would inconvenience or +seriously injure all those who were connected with him in a business +way. Before 1913, each bank stood as a unit, and when its reserves +were depleted it could not secure temporary aid from other banks. +There was no centralized control, and no method whereby national banks +might secure help of one another. + +387. INELASTICITY OF CURRENCY (BANK NOTES).--We have seen that an +increased volume of business demands an increased volume of money and +credit. In the previous section it was pointed out that before 1913 +the volume of _deposit credit_ in this country was inelastic. We must +now notice that _bank notes_, or _paper currency_, are just as truly a +part of the volume of money and credit as is deposit credit, and we +must note, also, that just as deposit credit was inelastic before +1913, so the issue of bank notes was inelastic. Previous to 1913 it +often happened that the supply of bank notes was smallest when +business was expanding, and that the issue of bank notes increased +during dull business periods. This statement requires some +explanation. + +The Act of 1863 provided that National banks might issue bank notes +only after depositing in the Federal Treasury an amount of United +States government bonds sufficient to render the bank notes absolutely +safe. Naturally, the banks made heavy purchases of bonds when the bond +market was depressed, and tended to purchase relatively few bonds when +those securities were high in price. Since the only reason for +purchasing bonds was to enable the b banks to issue notes, more notes +were issued when bonds were low in price, and fewer were issued when +bonds were high. Unfortunately, the same general conditions that +stimulated business also tended to raise the price of bonds, while the +causes of slack business often operated to lower bond prices. This +means that when business was expanding, and more notes were needed, +bonds were so high that few were purchased, and consequently few notes +were issued. Similarly, when business was dull, more bonds were +purchased, and more notes issued. + +388. THE PANIC OF 1907.--The panic of 1907 attracted attention to +these two great defects of the old national banking system, _i.e._ the +inelasticity of deposit credit and the inelasticity of currency. In +the fall of 1907, a bumper crop caused Western banks to make unusually +large demands for cash upon the New York banks. Unfortunately, this +depletion of reserves came at precisely the time when the demand upon +New York banks for loans was greatest. There was thus increased +pressure exerted upon New York banks for loans, but less justification +for extending them. In response to the pressure for loans, some New +York banks over-extended their credit. In October the inability of a +few prominent banks to pay in cash all of the demands made upon them +started a series of bank "runs." Even solvent institutions were unable +to meet their obligations promptly and many failures occurred. A large +number of banks were technically insolvent, that is to say, their +assets were invested in forms which prevented their immediate +conversion into cash, so that for the time being demands for cash +could not be met. The lack of an effective banking system prevented +these banks from securing temporary aid from banks more favorably +situated. + +389. REFORM.--The panic of 1907 stimulated financial experts to +attempt to remedy the defects of our banking system. In 1908 a +monetary commission was appointed to investigate banking experience at +home and abroad. As the result of this investigation it appeared +advisable to establish a system which should secure some of the +advantages of such centralized banking systems as have long existed in +many European countries. A single central government bank was at first +recommended by experts, but this was deemed politically inexpedient. +In view of this fact resort was had to a compromise between a +centralized and a decentralized system. This compromise was effected +by the Federal Reserve Act of 1913. + +390. FRAMEWORK OF THE FEDERAL RESERVE SYSTEM.--The Act of 1913 is +administered by the Federal Reserve Board, consisting of the Secretary +of the Treasury and the Comptroller of the Currency, _ex officio_, and +five other members appointed for ten years by the President. The +country is divided into twelve districts, in each of which there is +located a Federal Reserve bank. In each district every National bank +must subscribe six per cent of its capital and surplus for stock in +the Federal Reserve bank, and thus become a "member" bank. State banks +and trust companies may, upon the fulfilment of certain conditions, +become member banks. Each Federal Reserve bank is governed by a board +of nine directors, six of whom are elected by the member banks of its +district, and three of whom are appointed by the Federal Reserve +Board. The Federal Reserve banks are bankers' banks, that is, they do +not ordinarily deal directly with individuals, but with member banks +only. + +391. ELASTICITY OF DEPOSIT CREDIT (RESERVES).--The piling up of bank +reserves in New York is impossible under the Federal Reserve system. +The reserves of any member bank do not ordinarily move beyond the +district, for a member bank may count as legal reserve only those +funds which it has placed on deposit in the Federal Reserve bank of +its district. There exists what may be called district centralization +of reserves; that is to say, all of the legal reserves of all the +member banks of a particular district are concentrated in the Federal +Reserve bank of the district, and can be utilized as a unit by that +Federal Reserve bank. If in time of stress the total reserves of the +district are insufficient, the Federal Reserve Board may arrange for +the temporary transfer of surplus funds from one Federal Reserve +district to another. This secures one of the most important advantages +of a central bank without actual centralization. + +Elasticity of deposit credit is also provided for in the +"rediscounting device." A bank discounts commercial paper when it +loans an individual, say, $980, on the security of a $1000 promissory +note. The $20 represents an amount which the bank counts out, or +discounts, as payment for the service. A further operation, long known +in Europe as rediscounting, was authorized by the Act of 1913. When +the reserves of a member bank are too low to justify further +extensions of deposit credit, the bank can send certain types of +discounted paper to the Federal Reserve bank of its district, and +receive in return either a deposit credit or a special form of paper +currency called Federal Reserve notes. + +392. ELASTICITY OF CURRENCY (BANK NOTES).--When, in return for +discounted commercial paper, the Federal Reserve bank extends a +deposit credit to the member bank, the _deposit credit_ of the member +bank is rendered more elastic. When, on the other hand, the Federal +Reserve bank sends the member bank Federal Reserve notes in exchange +for discounted paper, the result is a certain elasticity in the +_currency_. + +The Federal Reserve notes are a new type of currency. They are secured +by the maintenance, in the vaults of the Federal Reserve banks, of a +forty per cent gold reserve for their redemption. Since these notes +are issued to member banks in return for rediscounted paper, the +expansion of business and the resultant tendency of member banks to +send discounted paper to the Federal Reserve bank for rediscount +causes the volume of Federal Reserve notes to expand. When the need +for additional currency has subsided, there is an arrangement whereby +a certain amount of the Federal Reserve notes may be withdrawn from +circulation. This is important, for if the amount of money in +circulation continues to be enormous after business has declined, +inflation and high prices result. _A truly elastic banking system +necessitates contraction as well as expansion._ + +393. THE OUTLOOK.--On the whole, it would seem that the Federal +Reserve System is a happy compromise between the centralized banking +systems of Europe and the highly decentralized system existing in +this country prior to 1913. The Federal Reserve system allows us to +secure the main benefits of a great central bank without the political +difficulties attendant upon the existence of such a bank. It does a +great deal to make elastic our supply of money and credit. The Federal +Reserve Board can mobilize the entire banking strength of the country +in time of stress, so that the strength of one member bank is the +strength of the whole system. Since it controls not only a substantial +proportion of the bank reserves of the country, but also the privilege +of note issue on the security of rediscounted paper, the Federal +Reserve Board can administer the member banks as a unit. The system +may not eliminate panics, but it is fair to expect that it will reduce +their number and lessen their violence. + + +QUESTIONS ON THE TEXT + +1. Distinguish between money and credit. + +2. Name and distinguish between the four types of banks. + +3. What is the primary function of a commercial bank? + +4. Explain clearly the nature of bank credit. + +5. If the cash reserve of a bank is low, and the bank is confronted +with demands for loans, in what two ways may it dispose of these +demands? + +6. What dangers attend the extension of bank credit? + +7. Describe the national banking system. + +8. Why should a banking system be elastic? + +9. Explain the inelasticity of deposit credit before 1913. + +10. Discuss the inelasticity of bank note issue under the old national +banking system. + +11. What was the significance of the panic of 1907? + +12. Outline the framework of the Federal Reserve System. + +13. Explain in detail how the Act of 1913 provides for elastic deposit +credit. + +14. Explain the "rediscounting device." + +15. How does the Act of 1913 provide for an elastic bank note issue? + +16. What is the present outlook with respect to our banking system? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxxi. + +Or all of the following: + +2. Ely, _Outlines of Economics_, chapter xv. + +3. Fetter, _Modern Economic Problems_, chapter ix. + +4. Seager, _Principles of Economics_, chapter xx. + +5. Guitteau, _Government and Politics in the United States_, chapter +xxx. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Outline the financial powers of Congress. (Guitteau, page 361.) + +2. Describe the First and Second United States banks. (Guitteau, pages +369-370.) + +3. What were the main functions of the national banks? (Guitteau, +pages 371-373.) + +4. What are collateral loans? (Seager, pages 346-347.) + +5. What are the limitations upon the use of bank credit? (Seager, +pages 352-353.) + +6. In what ways are depositors in national banks protected? (Seager, +pages 358-359.) + +7. What is the Independent Treasury system? (Ely, pages 297-298.) + +8. Explain the relation of "moving the crops" to bank credit. (Ely, +pages 298-299.) + +9. How does the Bank of England secure elastic reserves? (Ely, page +302.) + +10. What was the Aldrich-Vreeland Act? (Ely, pages 305-306.) + +11. Enumerate some of the powers of the Federal Reserve banks. +(Fetter, page 121.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Write to a number of banks in your vicinity asking for literature +describing the varied services which they offer the public. + +2. Outline some of the more important banking laws of your state. + +3. What are the limits of the Federal Reserve district in which you +live? In what city is the Reserve Bank located? Why do you suppose it +is located in this city? + +4. List the banks in your vicinity that are members of the Federal +Reserve system. + +5. Interview an official of a bank belonging to the Federal Reserve +System upon the advantages of such membership. + +6. Interview a friendly official of a bank which does not belong to +the system. Try to ascertain the reasons why this bank does not belong +to the Federal Reserve System. + + +II + +7. Nature and function of money. (Ely, _Outlines of Economics_, +chapter xiv; Fetter, _Modern Economic Problems_, chapter iii.) + +8. Functions of a bank. (White, _Money and Banking_, part iii, chapter +i; Fetter, _Modern Economic Problems_, chapter vii; Fiske, _The Modern +Bank_, chapter iv.) + +9. The bank statement. (White, _Money and Banking_, part iii, +chapter ii.) + +10. The clearing house. (White, _Money and Banking_, part iii, +chapter iii; Fiske, _The Modern Bank_, chapter x.) + +11. The credit department of a modern bank. (Fiske, _The Modern +Bank_, chapter xvii.) + +12. Bank reserves. (Fiske, _The Modern Bank_, chapter xxii.) + +13. Greenbacks. (White, _Money and Banking_, part ii, chapter iii.) + +14. The check system. (Dunbar, _Theory and History of Banking_, +chapter iv.) + +15. Colonial finance. (Dewey, _Financial History of the United +States_, chapter i.) + +16. The First United States Bank. (White, _Money and Banking_, part +iii, chapter vi.) + +17. The Second United States Bank. (White, _Money and Banking_, +part iii. chapter vii.) + +18. The national banking system. (White, _Money and Banking_, part +iii, chapter xiv; Dewey, _Financial History of the United States_, +chapter iv; Fetter, _Modern Economic Problems_, chapter viii.) + +19. The panic of 1907. (Coman, _Industrial History of the United +States_, pages 335-337; Noyes, _Forty Years of American Finance_, +chapter xv; White, _Money and Banking_, part iii, chapter xviii.) + +20. The Bank of England. (Dunbar. _Theory and History of Banking_, +chapter viii.) + +21. The Bank of France. (Dunbar, _Theory and History of Banking_, +chapter ix.) + +22. The German bank. (Dunbar, _Theory and History of Banking_, +chapter x.) + +23. Organization of the Federal Reserve System. (_Annals_, vol. +lxiii, pages 88-97.) + +24. The Federal Reserve act and foreign trade. (_Annals_, vol. lxiii, +pages 132-141; Kemmerer, _The A B C of the Federal Reserve System_, +chapter ix.) + + +FOR CLASSROOM DISCUSSION + +25. Should we adopt a centralized banking system such as exists in +England, France and Germany? (See the Debaters' Handbook Series.) + +26. Should all State banks and trust companies be required by law to +become members of the Federal Reserve System? + +27. What would be the best method of acquainting the general public +with the fundamental principles of banking? + + + + +CHAPTER XXXII + +TAXATION + + +394. THE INCREASING COST OF GOVERNMENT.--In the United States, as in +other modern civilized countries, the cost of government is steadily +increasing. The settlement of the Great West, the depletion of natural +resources and the transition from a primitive to an industrial economy +have obliged our government to pay out larger and larger sums for the +services of public officials, and for the materials and commodities +used for public purposes. The growth--of our cities and the increasing +complexity of our industrial life have greatly increased the number of +activities which it is to our advantage to carry on, not individually, +but collectively or through the agency of government. The spread of +altruism and the widening of the concept of social service have caused +the extension of governmental activity in such new fields as social +insurance, recreation, and public health. Altogether, our total +government expenditure is more than seventeen times as large as it was +a half century ago, while the per capita expenditure is more than five +times as great. + +395. SOURCES OF PUBLIC REVENUE.--Writers on taxation generally +enumerate as sources of public revenue, public industries, the public +domain, gifts, confiscations, fees, special assessments, fines, and +taxes. At various times and in different countries of the world, all +of these have been important, but in the United States at the present +time taxes are by far the most important source of public revenue. + +A tax may be defined as a compulsory contribution exacted from the +individual by the government, for the purpose of defraying expenses +incurred for the common welfare. The government does not return to the +individual taxpayer a definite commodity or service. In return for +taxes the government indeed renders many valuable services, such as +public education, the safeguarding of health, and protection from +domestic violence and foreign war. But on account of the collective +character of these services, no attempt is made to apportion the +payment exacted of the individual to the benefit which he as an +individual receives. + +Until recently our national government secured most of its revenue +from taxes on imports, and from excises or internal taxes on such +commodities as tobacco and liquor. Since national prohibition went +into effect (1919), the Federal revenues are derived mainly from taxes +on imports, from income and inheritance taxes, and from taxes on +corporations. + +More than three fourths of the receipts of state and local governments +are derived from the general property tax, the amounts collected from +other sources being as yet relatively unimportant. The general +property tax is supposed to be levied upon all the property in the +possession of taxpayers, though as we shall see a little later, this +tax works out very badly. The old "poll" or head tax was formerly +important, but at present less than two thirds of one per cent of +state and local revenues are derived from this source. In most states +it is being abandoned because of its small yield, and because of the +difficulty and expense in collecting it. + + +A. DEFECTS IN AMERICAN TAXATION + +396. LACK OF A TAX SYSTEM.--The fundamental defect of American +taxation is the lack of a definite and coördinated system. The tax +laws of most states have been radically changed during the last few +decades, and are still in a process of development. In many states old +taxes are being modified or abandoned, and new taxes adopted. But too +often this is being done without regard for the taxation reform of +other states or of the Federal government. As a result, the tax burden +weighs unequally upon different classes, while between state and +state, or between state and Federal government, there is an +overlapping of tax power. The effect of this overlapping is to create +undue confusion, and to demoralize both tax officials and taxpayers. + +397. LEGAL RESTRICTIONS UPON TAXING POWER.--A serious defect of +American taxation is the lack of correspondence between taxing power +and fiscal needs. Let us inquire into this. + +The Federal government has important functions to perform, but has +practically unlimited taxing power. So far as the national government +is concerned, the problem of finding sources of revenue is relatively +simple. + +The functions assumed by the state governments are as yet relatively +few and inexpensive, while the power of the state to tax is but +slightly abridged by the Federal Constitution. States have relatively +little difficulty in making both ends meet. + +Local governments, and especially municipal governments, have a large +number of functions which are increasingly important. Of the total +government expenditure in this country, about 35 per cent is made by +the Federal government, 10 per cent by the state governments, and 55 +per cent by the local governments. But whereas Federal and state +governments have relatively adequate taxing powers, the taxing powers +of local governments are narrowly restricted by the state constitution +and statutes. Such local functions as health, public school education, +and recreation are constantly demanding greater expenditures, yet +local governments as yet have few opportunities for securing necessary +funds. + +398. DEFECTS IN TAX ASSESSMENT.--The defects of tax assessment are +clearly illustrated in the workings of the general property tax, +called by some authorities the worst tax in the civilized world. The +basis of levy is the work of local assessors, who are generally +elective. The assessors estimate the value of millions of dollars' +worth of property, and their estimates are the basis of the tax rates +for not only township and county, but generally for the state as well. +Incapable and dishonest assessors often work injustice by +underestimating the value of some forms of property, and +overestimating the value of other forms. In addition, political +pressure is brought to bear upon the assessor to cause him to +undervalue the property of the township or county as a whole, so that +the local unit will bear a relatively small share of the taxes of the +state. + +The estimates of the local assessors are commonly subject to +correction by a county, and sometimes by a state, board of +equalization. The duty of such a board is to make assessments uniform +and just, but notwithstanding the efforts of these bodies, unequal and +unfair assessments have persisted. + +399. DIFFICULTY OF TAXING INTABGIBLE PROPERTY.--Where taxation is on +the basis of assessment, it often happens that the tax burden rests +unequally upon different forms of property. Property in tangible form, +such as land, cattle, and houses, is easily discoverable, and hence +cannot easily evade the payment of taxes. But intangible property, +such as bonds, stocks, or mortgage, can easily be hidden, so that +owners of this type of property often evade their share of the tax +burden. + +This evasion is often practiced in the case of the general property +tax, which is intended to reach both tangible and intangible property. +The general property tax worked well a century ago when the greater +share of wealth existed in tangible form, because local assessors +could easily locate such things as land and live stock. But the rapid +development of corporations, bringing with it a rapid increase in the +proportion of intangible forms of property, has rendered the general +property tax grossly unjust. The assessors of the general property tax +cannot easily discover intangible property, unless taxpayers coöperate +with them. The all too frequent lack of such coöperation causes a +disproportionate share of the tax burden to fall upon tangible +property. The general property tax is haphazard, ineffective, and +demoralizing to both tax officials and taxpayers. + +400. DOUBLE TAXATION.--By double taxation is meant the taxation of an +individual or different individuals twice for the same thing. Double +taxation is of two kinds. + +The first type of double taxation is illustrated by the taxation of +both tangible property and the paper claim upon that property. For +example, a state may tax a land-owner on his land, and also tax +another resident of the state on the mortgage which he holds against +that land. Or it may happen that a state will tax the land, buildings +and other tangible equipment of a corporation, and at the same time +tax those of its residents who hold stock in that corporation, _i.e._ +individuals who hold paper evidence of ownership in the tangible +equipment of the corporation. More generally, however, this type of +double taxation arises when the holder of the paper claim resides in +one state, while the tangible property lies in another state. In such +a case, it is common for one state to tax the paper claim, and for the +other state to tax the property itself. This type of double taxation +is manifestly unfair, and often imposes a ruinous burden upon +property. + +The second type of double taxation is illustrated by the overlapping +of similar taxes between state and state, or between Federal and state +governments. Because it is the practice of most states to seek revenue +without regard to the taxing activities of other states, or of the +Federal government, it may happen that corporations, incomes, or +inheritances are taxed by more than one agency of government. If a +scientific and coördinated tax system were deliberately to provide for +this, the supposition would be that such taxation were reasonable and +just, because intended to bear with equal weight upon all forms of +property in the taxable class. But because such taxation is haphazard, +it bears with unequal weight upon corporations and individuals, and is +therefore unjust. + +Moreover, it encourages the evasion of tax burdens. Individuals and +corporations sometimes migrate from localities or states in which they +are subject to double taxation, to localities or states in which the +danger of such taxation is less. This in turn has the evil effect of +tempting states and municipalities to neglect taxes on corporations, +incomes, and inheritances for the sake of attracting wealthy +individuals and large industrial organizations from neighboring areas. + + +B. SOME SUGGESTED TAX REFORMS + +401. IDEALS OF TAXATION.--Summarizing the views of the more generally +accepted writers on taxation, we may say that the following are the +basic ideals in taxation: + +Taxes should take as little as possible from the people and still meet +the needs of government. Taxes should be uniform, that is, all taxable +articles of the same class should be levied upon at the same rate. It +is also important that the time, manner, and amount of the tax should +not be arbitrary, but that the individual's convenience as regards the +terms of payment should be considered. From the standpoint of the +government, taxes should be easy to administer and economical to +collect. + +A good tax system will be elastic, so that taxes may easily be +increased or decreased, according as the revenue needs of the +government change. The ability to pay ought to have some influence +upon the extent to which an individual is taxed. Taxes should adapt +themselves somewhat to the local sentiment as to what is expedient or +socially desirable. + +Finally, taxation policies should be systematized and coördinated. + +402. ESSENTIALS OF A TAX SYSTEM.--The construction of an ideal tax +system in this country would involve three steps. + +In the first place, each branch of government should be enabled to +secure revenues actually needed for justifiable purposes. In this +regard the greatest need is to increase the taxing powers of our +municipalities. This is imperative if the cities of the future are to +care for their citizens properly. + +A second fundamental step relates to the separation of taxing power. +Each branch of government should pretty well confine its use of the +taxing power to definite types of taxable wealth. The Federal +government, for example, might secure most of its revenue from import +duties, excises, an income tax, and stamp taxes of various kinds. Many +taxation experts believe that the states ought to confine themselves +mainly to license, corporation, inheritance, and, possibly, income +taxes. Local governments might well secure most of their revenue from +taxes on franchises, licenses, and real estate. Such a separation of +taxing power might aid in the adjustment of fiscal needs to taxing +power, as well as helping to remedy the evil of double taxation. +However, a complete separation of taxing powers is not necessarily +desirable, and certainly it is not practicable, for there is a growing +tendency toward duplication in income, inheritance, and other taxes. +At the present time, for example, not only the Federal government, but +many of the states levy income and inheritance taxes. + +A third fundamental step would be the coördination of local, state, +and Federal taxing authorities. The central aim of such coördination +should be so to distribute tax burdens that no form of taxable wealth +would escape its just burden, and so that no form of wealth would be +subjected to unduly heavy taxation. There is a growing feeling that to +prevent double taxation and similar evils, all local taxing bodies +ought to be coördinated under the state authorities, while for similar +reasons the Federal government ought to have some measure of direction +or control over that share of state taxation which is interstate in +its effects. + +403. REFORM OR ABOLITION OF THE GENERAL PROPERTY TAX.--The reform of +state and local taxation logically begins with the general property +tax. + +In many states attempts are being made to reform this tax. In some +cases "tax ferrets" are employed to discover tax evaders, a policy +which may easily lead to corruption and favoritism. In other states +the conviction is growing that local elective assessors ought to be +supplanted by a permanent corps of state assessors, appointed under +the merit system. This would reduce the danger of unequal and unfair +assessments. + +In other states there is a tendency to abandon the general property +tax altogether. In New York, Massachusetts, Pennsylvania, and other +states, there is a marked tendency to turn over the general property +tax to local governing bodies. In such cases it is intended that the +state shall depend for most of its revenue upon income, corporation, +inheritance, and license taxes. + +The future will doubtless see a more widespread tendency toward the +reform or abolition of the general property tax. In some states, +however, such changes in the taxation system require constitutional +amendment, and constitutional amendment is often a slow and tedious +process. + +404. REFORM IN LAND TAXATION.--Coupled with plans for the reform or +abolition of the general property tax are proposals for the reform of +land taxation. A primary aim of these proposals, some of which suggest +elements of the single tax doctrine, is to secure a more correct +assessment of land values. In many cases a state does not now tax the +holder of a mortgage when the mortgaged land is also within the state +and thus directly subject to taxation. This is a desirable +development, but we ought to go still further, so that the holder of a +mortgage would not be taxed whether or not he lived in the same state +as the owner of the land. A mortgage is obviously not social wealth, +but a paper claim on wealth, and this wealth ought not to be taxed +twice. + +Some authorities believe that the tax rate on land ought substantially +to be increased, when it appears that such land is being held for +speculative purposes. To encourage improvements, it is also proposed +that certain permanent improvements on land be temporarily exempted +from taxation. Lastly, it would appear socially desirable to levy +special taxes on urban sites, so as to secure for the community some +share of the future unearned increment. + +405. THE INCOME TAX.--All taxes ultimately come out of income, but +when we speak of an income tax we refer to a direct levy upon income +as it arises, chiefly in the form of wages, salaries, and profits. A +Federal income tax was levied during the Civil War, but in the +nineties the Supreme Court held that such a tax violated the +constitutional provision that Congress shall not lay direct taxes +except in proportion to the population of the states. In 1913 the +Sixteenth Amendment to the Constitution permitted Congress to lay and +collect taxes on incomes without apportionment among the several +states, and without regard to any census or enumeration. + +Since 1913 Congress has passed several income tax laws, and a number +of the states have also adopted this form of taxation. The essential +features of these laws are as follows. Incomes below a certain amount +are exempt from taxation. The limit of untaxable income is raised for +married persons living together. In calculating their net income, +individuals may make allowance for debts, business expenses, and +certain other items. Upon all taxable income above a certain minimum +there is then levied a flat rate, constituting a "normal" tax. Where +incomes exceed a certain amount, there is an additional tax. Thus the +income tax is said to be "progressive," that is, the larger the income +the higher the tax rate. + +Many benefits are claimed for the income tax. It falls upon those best +able to pay, and it is not easily evaded or shifted by the person upon +whom it is levied. It is elastic and can readily be increased or +reduced according as revenue needs change. Its progressive character +is a feature which is considered socially desirable. + +The chief defects of the income tax are two. In the first place, the +effectiveness of the tax depends upon the willingness of the +individual to declare his full income. This is not always done, +especially where the income tax is regarded as an undue interference +in the private affairs of the individual. Second, wealthy individuals +often migrate to states where there is either no income tax or only a +relatively light one. This last defect of course applies only to the +state income tax. + +406. THE INHERITANCE TAX.--Taxes upon inheritances have come into +prominence since the opening of the twentieth century. Since 1916 the +Federal government has levied an inheritance tax. At the present time +most of the states also levy this form of tax upon property passing by +will or under the inheritance laws of the state. The essential +features of the tax are everywhere the same. Small legacies are +generally exempt. Legacies to direct heirs are either exempt, or are +taxed at a lower rate than are legacies to collateral heirs. The rates +are progressive, that is to say, they increase with the size of the +legacy. + +Many benefits are claimed for the inheritance tax. It brings in a +large revenue, and falls upon those who are best able to pay. The tax +cannot be shifted and it cannot easily be evaded. It is easily +assessed and collected, because all wills must pass through the +probate court. It is held that the state has a social claim upon the +property of an individual who has amassed wealth under the protection +of its laws, and that this property ought not to be transferred intact +to those who did not aid in its accumulation. + +If carried too far the inheritance tax would undoubtedly discourage +the accumulation of wealth, but tax authorities are already guarding +against this danger. On the whole, the inheritance tax is an important +addition to our tax system. Its scope is being rapidly extended: rates +are being raised, the principle of progression is being more +frequently applied, and exemptions allowed direct heirs are being +reduced. The tax is increasingly used in the effort to redistribute +unearned wealth, though the extent to which this is true depends very +largely upon local sentiment. + +407. CORPORATION TAXES.--The rapid growth of American industry has +been accompanied by an enormous increase in the number and importance +of industrial corporations. The proper taxation of these bodies is now +challenging the attention of both state and Federal governments. + +The difficulties of taxing corporations are two: First, how to prevent +that form of double taxation which results from the fact that several +states may levy taxes of varying weight upon interstate corporations. +Second, how to prevent that form of double taxation which imposes a +burden both upon the tangible property of the corporation and upon the +stocks and bonds representing ownership in that tangible property. + +A number of taxation experts suggest meeting the last-named difficulty +by exempting from taxation stocks, bonds, and other securities, and by +imposing, instead, a tax directly upon the capitalization of the +corporation itself. In the case of corporations which are local and of +moderate size, this might be effected by the reform of tax laws within +a single state. Where, on the other hand, corporations are distinctly +interstate in character, such reform would require either a careful +coördination of the tax laws of the several states, or a corporation +tax which should be purely Federal in character. + +The first difficulty mentioned above would likewise have to be met, +either by the coördination of state tax systems, or by allowing taxes +on interstate corporations to be levied solely by the Federal +government. + +It is claimed by some economists that the virtual impossibility of +effectively coördinating the tax laws of the various states renders it +imperative that all interstate corporations be taxed solely by the +Federal government. In such a case the Federal government would be +taxing interstate corporations partly for its own benefit, and partly +as the agent of the various states. It is said also that such a +Federal tax should be levied on corporations at the source, _i.e._ +upon capitalization rather than upon stocks and bonds. Being applied +at the source, it would reach all forms of corporation wealth. It +would be easy and economical to administer. So far as corporations are +concerned, a purely Federal tax on interstate corporations might +prevent both forms of double taxation. + +Even though the states consented to a purely Federal tax on interstate +corporations, however, it might prove difficult for state and Federal +governments to agree upon a fair division of the joint revenues +derived from such a tax. + + +QUESTIONS ON THE TEXT + +1. Why is the cost of government increasing? + +2. Name some sources of public revenue. + +3. What is a tax? + +4. What is the fundamental defect of American taxation? + +5. In what way is there an inadequate apportionment of taxing power to +fiscal needs in American government? + +6. What is the chief difficulty of tax assessment? + +7. Why is it difficult to tax intangible property? + +8. Enumerate the fundamental defects of the general property tax. + +9. Distinguish between the two forms of double taxation. + +10. Outline some fundamental ideals in taxation. + +11. What are the three steps necessary in the formulation of a +satisfactory tax system in this country? + +12. To what extent is the general property tax being reformed or +abolished? + +13. Discuss the reform of land taxation. + +14. Describe the nature of the income tax. + +15. What are the benefits and defects of such a tax? + +16. Describe the inheritance tax. What are its benefits? What are its +dangers? + +17. What are the two difficulties in the way of taxing corporations? +What are some suggested methods of meeting these difficulties? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxxii. + +Or all of the following: + +2. Bullock, _The Elements of Economics_, chapter xv. + +3. Ely, _Outlines of Economics_, chapter xxxiv. + +4. Fetter, _Modern Economic Problems_, chapter xvi. + +5. Guitteau, _Government and Politics in the United States_, chapter +xvii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Classify the purposes of public expenditures. (Guitteau, pages 187- +188.) + +2. What is the "police function" of government? (Fetter, page 241). + +3. What is a franchise tax? (Guitteau, pages 201-202.) + +4. What is the "magic fund" delusion? (Bullock, page 370.) + +5. Distinguish between proportional, regressive, and progressive +taxation. (Bullock, page 373.) + +6. What is an excess profits tax? (Bullock, pages 382-383.) + +7. What is the importance of the license tax? (Bullock, pages 392- +393). + +8. Distinguish between direct and indirect taxation. (Ely, pages 710- +711.) + +9. What are "taxes on transactions"? (Ely, pages 719-720.) 10. What is +meant by the shifting or incidence of taxation? (Fetter, pages 252- +253.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a list of enterprises supported out of public funds and +providing services free to all, regardless of the payment of taxes. + +2. Discover which of the following taxes are levied in your state: +general property tax, income tax, inheritance tax, poll tax, license +tax, transaction tax, sales tax, luxury tax, mortgage tax, franchise +tax, excess profits tax. + +3. Are tax assessors in your locality appointed or elected? Are there +county or state boards of equalization in your state? How are these +boards chosen? + +4. Interview a friendly tax assessor concerning the difficulties of +determining property values. Does he believe that people +systematically undervalue their own property? What proposals does he +make for the reform of the present method of assessment? + +5. Interview a friendly taxpayer. What is his attitude toward the poll +tax? the general property tax? the income tax? What proposals does he +make for the reform of taxation in your state? + +6. The general property tax in your state. + +7. Status of the income tax in your state. + +8. Status of the inheritance tax in your state. + +9. The taxation of corporations in your state. + + +II + +10. Federal revenues. (Guitteau, _Government and Politics in the +United States_, chapter xxix.) + +11. Public expenditures. (Ely, _Outlines of Economics_, chapter +xxxi; Seager, _Principles of Economics_, chapter xxvi; Plehn, +_Introduction to Public Finance_, Part II, chapter i; Bullock, +_Selected Articles on Public Finance_, chapter iii; Ford, _The Cost +of Our National Government_.) + +12. The power of Congress to tax. (Young, _The New American +Government and its Work_, chapter v; Beard, _American Government and +Politics_, chapter xiii.) + +13. Taxation in American cities. (_Annals_, vol. xxviii, pages 155- +172.) + +14. Personal taxes. (Fetter, _Modern Economic Problems_, chapter +xviii.) + +15. The poll tax. (Bullock, _Selected Articles on Public Finance_, +chapter x.) + +16. Breakdown of the general property tax. (Taussig, _Principles of +Economics_, vol. ii, chapter lxix.) + +17. Protection against improper state taxation. (Young, _The New +American Government and its Work_, chapter xxv.) + +18. Double taxation. (Seligman, _Essays in Taxation_, chapter iv.) + +19. The corporation tax. (Seligman, _Essays in Taxation_, chapters vi +and vii.) + +20. Separation of state and local revenues. (Seligman, _Essays in +Taxation_, chapter xi; Bullock, _Selected Articles on Public Finance_, +pages 445-460.) + +21. Excises. (Plehn, _Introduction to Public Finance_, chapter vi.) + +22. Customs duties. (Plehn, _Introduction to Public Finance_, chapter +vii.) + +23. The excess profits tax. (_Annals_, vol. lxxvii, pages 147-159.) + +24. The incidence of taxation. (Plehn, _Introduction to Public +Finance_, chapter xi.) + +25. Financing the United States in the World War. (Plehn, +_Introduction to Public Finance_, Part iv; _Annals_, vol. lxxvii, +all.) + + +FOR CLASSROOM DISCUSSION + +26. As a principle of taxation, which is more important, the payment +of taxes according to the benefit derived, or payment according to +ability? + +27. What is the remedy when individuals conceal from the tax +authorities the amount of their intangible wealth? + +28. Does the income tax constitute an undue interference in the +private affairs of the individual? + +29. To what extent does the inheritance tax tend to discourage the +accumulation of wealth? + +30. To what extent should the poor be taxed? + +31. Can the adequate taxation of corporations be secured without +resorting to a corporation tax which shall be purely Federal in +character? + +32. Should the national debt be paid? (See Bullock, _Selected Articles +on Public Finance,_ chapter xxiv.) + + + + +B. MAKING GOVERNMENT EFFECTIVE + +CHAPTER XXXIII + +WHO SHALL SHARE IN GOVERNMENT? + + +408. DISTINCTION BETWEEN CITIZENSHIP AND THE SUFFRAGE.--Citizenship +implies membership in a nation. A citizen owes allegiance to his +government, and in return is entitled to the fundamental advantages of +organized government, such as the protection of life, liberty and +property at home and abroad. Suffrage, on the other hand, is the +privilege of sharing in government by the exercise of the vote. Most +voters are also citizens, but less than a third of the citizens of the +United States are voters. Citizenship is determined by the Federal +authorities, the Constitution declaring that all persons born or +naturalized in the United States are citizens thereof. The suffrage is +a privilege which is controlled by the individual states, subject to +certain regulations imposed by the Federal government. + +409. SIGNIFICANCE OF THE SUFFRAGE.--In a representative democracy such +as the United States, the question of the suffrage is of fundamental +importance. Public officials are agents which have been chosen to +administer the affairs of government. Every public official in the +United States is either chosen directly by the people, or is chosen by +agents who themselves have been selected at the polls. The right to +vote is thus the right to share in the control of government. And not +only are voters making rules and regulations for their own government, +but they are governing those citizens to whom the suffrage has not +been extended. It is because of this double responsibility resting +upon the American voter that a fundamental problem of effective +government is concerned with the suffrage. + +410. SUFFRAGE IN THE SEVENTEENTH AND EIGHTEENTH CENTURIES.--In +colonial times the American suffrage was narrowly restricted. Though +the theory that all men were free and equal was known in political +circles, the actual conduct of government was largely in the hands of +the propertied classes. With a few exceptions, no Negro was allowed to +vote. As a general rule, women were also debarred from the suffrage. +Even white adults were denied the exercise of the suffrage unless they +could meet certain property and religious qualifications. + +The Declaration of Independence laid emphasis upon the principle that +governments derive their just powers from the consent of the governed. +Nevertheless this principle was not held to apply to the internal +politics of the American states, and so there was at this time no +widespread feeling that all adults had an equal right to share in +government. In an important sense, the American Revolution was fought +to maintain the principle that England could not govern the colonies +without their consent. But here again it should be noted that none of +the states that won independence interpreted that principle to mean +that all of their free adult citizens had a right to govern themselves +through the vote. Colonial standards of suffrage were largely carried +over into our earlier national history, and in 1789 probably less than +five per cent of the American people were voters. Interpreted in terms +of the suffrage, American democracy was still very narrowly +restricted. + +411. SUFFRAGE AS A NATURAL RIGHT.--According to the doctrine of +natural rights, all men are born free and equal, and are entitled to +certain fundamental rights of which they may not be deprived. Many of +the colonists were familiar with this theory, but not until after 1800 +did it constitute an important basis for maintaining that all adult +white males were entitled to the suffrage. After the opening of the +nineteenth century, however, it was more common for propertyless men +to maintain that just as they had a natural right to life, liberty, +and the pursuit of happiness, so they had a natural right to the +suffrage. The principle that governments derive their just powers from +the consent of the governed was by many interpreted to mean that men +possessing property had no right to govern men who could not meet the +property qualifications accompanying the suffrage. The cry of "No +taxation without representation," was also raised in the interests of +white adult males who paid taxes, but who were not allowed to vote. + +412. EXTENSION OF THE SUFFRAGE IN THE NINETEENTH CENTURY.--During the +first three quarters of the nineteenth century, the suffrage widened +steadily. Religious qualifications practically disappeared before +1850. After a long drawn out struggle most of the eastern states +practically eliminated the property qualification from their suffrage +laws. This change was due, in large part, to the influence of the +doctrine of natural rights. There were additional factors, of course. +In many places along the Atlantic seaboard, for example, the extension +of the suffrage was somewhat in response to the influence of the +doctrine of natural rights, but it was also partly due to the economic +pressure exerted by the increasing number of landless laborers who +were crowding into the manufacturing cities and towns. + +The extension of the suffrage during this period is closely associated +with the development of the West. Whereas the eastern states removed +property and religious qualifications only after a struggle, many +western states imposed few or no restrictions upon the suffrage, but +from the start were committed to the principle of equality at the +polls. The doctrine that governments derive their just powers from the +consent of the governed was popular in the West; indeed, it was here +that the doctrine was first applied to the problem of suffrage in a +definite and practical manner. In the more sparsely settled portions +of the country, able-bodied men were more important than social +distinctions and religious ties, so much so, in fact, that some of the +western states attracted settlers by giving the vote to aliens who had +announced their intention of becoming citizens. After the Civil War +some of the southern states made similar advances to European +immigrants. + +After the Civil War the suffrage movement was profoundly affected by +the Negro question. The Thirteenth Amendment, adopted in 1865, had +merely abolished slavery. In the subsequent discussion over the status +of the Negro, some white men held that the theory of natural rights +entitled the freed Negroes to the suffrage. This view was opposed by +many, particularly in the South. Nevertheless, in 1868 the Fourteenth +Amendment to the Constitution provided that any state denying any of +its male adult citizens the right to vote might suffer a reduction in +its congressional representation. Two years later (1870) the Fifteenth +Amendment went a step further, and declared that the right of citizens +of the United States to vote might not be denied or abridged on +account of race, color, or previous condition of servitude. + +The nineteenth century also witnessed an increased interest in woman +suffrage. The proposition was not unknown even in colonial times, but +the earlier state constitutions and statutes had almost invariably +excluded women from the vote. After the middle of the century the +woman suffrage movement grew rapidly, stimulated, to a considerable +extent, by the movement for abolition and Negro suffrage. In 1852 +Susan B. Anthony assumed leadership of the woman suffrage movement, +and in 1875 she drafted a proposed amendment to the Federal +Constitution which would provide for woman suffrage throughout the +country. The territory of Wyoming had extended women full suffrage in +1869, and a decade later the right to vote in school elections had +been extended the women of Michigan, Minnesota, and several other +States. By 1896 Colorado, Idaho, and Utah had extended full suffrage +to women. + +413. DECLINE OF THE NATURAL RIGHTS THEORY.--During the latter half of +the nineteenth century the doctrine of natural rights was of declining +importance as a basis of the suffrage. The doctrine was illogical, for +not even its most ardent advocates would go so far as to maintain that +paupers and mental defectives had an inherent right to vote. Nor did +anyone claim that persons under twenty-one years of age had such a +right. + +As time went on, the connection between the suffrage and the doctrine +of natural rights seemed more and more remote. Men came gradually to +believe that the suffrage was not a right but a _privilege_, and that +the capacity of the individual to use the vote in the public interest +was the factor which should determine whether or not he should enjoy +the suffrage. This changed viewpoint reflected itself in several +important shifts in the suffrage movement. + +414. SHIFTS IN THE SUFFRAGE MOVEMENT.--To a considerable extent the +decline of the doctrine of natural rights was accompanied by increased +restrictions upon the right to vote. We have noted that many western +and a few southern states formerly made a practice of extending the +vote to aliens who had announced their intention of becoming citizens. +After the seventies there was a tendency for such states to withdraw +this privilege, and to make citizenship a prerequisite to voting. One +reason for this changed attitude was that as time went on immigrant +labor was less in demand in the West and South. Still another factor, +however, was the abuse of the ballot among unassimilated immigrant +groups in our cities. + +After the middle of the nineteenth century, there was a growing +feeling, originating in New England and spreading westward, that +illiterate voters were a menace to sound government. Accordingly, +educational tests were imposed in a number of states. These tests +generally require voters to be able to read and write. + +The enfranchisement of the Negro was followed by reaction. The +exercise of the suffrage by ignorant Negroes suddenly admitted to full +suffrage, resulted in gross abuses of political power. As a result +many southern states eventually passed laws which virtually deny the +vote to the larger part of the possible Negro electorate. In some +cases white election officials administer the educational test so +strictly as to exclude most Negroes. In other cases a property or poll +tax qualification has been used to exclude large groups of shiftless +Negroes. In still other cases a "grandfather clause" in the state +constitution exempts from the educational test all who are descendants +of persons voting before the Civil War. This allows white illiterates +to vote, but excludes illiterate Negroes. + +On the other hand, the cause of woman suffrage was greatly stimulated +by the decline of the doctrine of natural rights and the rise of the +theory that civic capacity should determine the suffrage. Particularly +after 1900 did the agitation take on national importance. A national +Woman Suffrage Association was organized, and powerful pressure was +brought to bear upon persons of political influence. Between 1910 and +1912 Washington, California, Oregon, Kansas, and Arizona were won to +the cause of woman suffrage. Finally in August, 1920, the amendment +which Miss Anthony had drafted in 1875 was ratified and declared in +force. Women are now allowed the vote on the same terms as men. + +415. PRESENT RESTRICTIONS ON THE RIGHT TO VOTE.--The suffrage in the +several states at the present time may be summarized as follows: + +In every state voters must be at least 21 years of age. In a few +states the vote is extended to aliens who have declared their +intention of becoming citizens. In every state a period of residence +is required of voters, the usual period being between six months and a +year. Educational qualifications are imposed in about a third of the +states. A number of southern and a few northern states require voters +to be assessed for a poll tax. In practically every state such +abnormal persons as the feeble-minded, the insane, paupers in +institutions, and certain types of criminals are excluded from the +suffrage. Untaxed Indians, and foreign-born Chinese and Japanese do +not enjoy the suffrage. + +416. PRESENT STATUS OF THE SUFFRAGE MOVEMENT.--The suffrage movement +has steadily increased the number of potential voters until at the +present time there are more than 30,000,000 persons in the United +States who are entitled to the vote. The important groups of the adult +population have been enfranchised, but the suffrage movement still +involves important problems. In view of our changing attitude toward +the suffrage we face four unanswered questions: + +First, should the present restrictions on the suffrage be lowered? +Second, should they be made more severe? Third, in view of the fact +that naturalization automatically makes voters of many individuals, to +what extent ought the grant of citizenship to be determined by the +individual's promise as a voter? Fourth, what should be our attitude +toward Negro suffrage? + +Let us summarize the fundamental considerations which must be borne in +mind in discussing the four problems suggested above. This done, we +may briefly consider the most pressing of these questions, _i.e._ that +involving Negro suffrage. + +417. THE SUFFRAGE IS A PRIVILEGE AND NOT RIGHT.--The significance of +the difference between citizenship and the suffrage should be clearly +understood. Citizenship is a fundamental matter. In return for +allegiance to his government, the citizen may be considered as being +entitled to that measure of protection which is deemed necessary to +his safety and well-being. But though we speak loosely of the "right" +of suffrage, the suffrage is a privilege, not a right. The individual +cannot claim it as a corollary of citizenship. Nor does mere residence +in a democratic country entitle the individual to the ballot. The +safety and well-being of the citizen are not necessarily dependent +upon his exercise of the vote. Indeed, incapable persons may be better +off if they are excluded from the suffrage, provided, of course, that +the voting class holds itself responsible for the government of the +excluded groups. Fitness alone justifies the suffrage. + +418. WHAT CONSTITUTES FITNESS?--The ballot cannot be exercised by the +unfit without endangering the whole fabric of government. But what is +the standard of fitness? The history of the suffrage in the United +States throws some light upon this question. In colonial times the +plea of the propertied classes was that fitness was primarily a matter +of racial origin, the ownership of property, or church affiliation. +According to the theory of natural rights, fitness was vaguely +associated with manhood and citizenship. More recently we have come to +believe that while many factors influence the capacity of the voter, +such factors as religion, racial origin, and ownership of substantial +amounts of property, are not vital. A definite standard of fitness has +never been established, but at least we can say that fitness means +both the desire and the capacity to serve the state by an honest and +intelligent use of the ballot. + +419. THE QUESTION OF NEGRO SUFFRAGE.--We are beginning to suspect that +the attention attracted by Negro suffrage is due, not so much to the +injustice of disfranchising the Negro as to the spectacular +circumstances surrounding the American Negro. It is unjust, of course, +to exclude the Negro from the vote merely because of his race. But +exclusion of Negroes not qualified to make an intelligent use of the +ballot is no more unfair than are the educational tests imposed by +many northern states. To exclude illiterate Negroes from the vote, and +at the same time to allow illiterate whites the ballot, is, on the +other hand, manifestly unfair. But far more productive of good than +debating this unfairness is the attempt to fit the Negro for the vote +as a prerequisite to his exercise of it. During this preparation the +Negro should have before him the incentive of securing the ballot when +he has made sufficient progress in education and civic responsibility. + +420. PROBLEM OF AN INTELLIGENT ELECTORATE.--The problem of building up +an intelligent electorate gives rise to two additional questions: +First, how may the enfranchised classes be trained to a full +realization of their civic responsibilities? Second, to what extent is +intelligent voting dependent upon actual exercise of the suffrage? The +first question has been treated elsewhere, and we may close this +chapter with a brief consideration of the second question. + +It is maintained by some that no one should be admitted to the +suffrage who has not first demonstrated his capacity to use the vote +intelligently. Others reply that this capacity comes only through +actual exercise of the vote. The solution of this problem probably +lies in a judicious combination of theory and practice. A boy cannot +learn to swim by standing on the bank and forever listening to +theoretical instruction; on the other hand, it may prove fatal to push +him into deep water without preparation for that step. Instruction and +practice must go hand in hand, wisely interwoven and harmonized. + +Similarly, it would seem, one way to secure an intelligent electorate +is to admit individuals to the suffrage only when they demonstrate a +minimum capacity for civic service, but at the same time to recognize +that _full_ moral development can come only through actual exercise of +the vote. + + +QUESTIONS ON THE TEXT + +1. Distinguish between citizenship and the suffrage. + +2. Why is the suffrage important in a representative democracy? + +3. Discuss the suffrage in colonial times. + +4. What was the probable extent of the suffrage in 1789? + +5. What is the doctrine of natural rights? + +6. How was this doctrine applied to the question of the suffrage? + +7. Why was the suffrage in the eastern states widened in the +nineteenth century? + +8. Discuss the suffrage in the new West. + +9. Describe the enfranchisement of the Negro. + +10. Outline the early development of the woman suffrage movement. + +11. Discuss the decline of the natural rights theory. + +12. Outline some recent shifts in the suffrage movement. + +13. Enumerate the present restrictions on the right to vote. + +14. What is the present status of the suffrage movement? + +15. What is meant by saying that the suffrage is a privilege and not a +right? + +16. What is meant by saying that "fitness" is the basis of the +suffrage? + +17. What can be said as to the question of Negro suffrage? + +18. To what extent does intelligent voting depend upon actual exercise +of the ballot? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy,_ chapter xxxiii. + +Or all of the following: + +2. Beard, _American Citizenship,_ chapter vi. + +3. Cleveland, _Organized Democracy,_ chapters x and xii. + +4. Porter, _A History of Suffrage in the United States,_ chapter i. + +5. Seymour, _How the World Votes,_ vol. i, chapters i and ii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the relation of political to civil liberty? (Beard, pages +64-65.) + +2. Name some groups of people who were excluded from the suffrage in +colonial times. (Porter, page 5.) + +3. What were some of the early arguments for giving propertyless men +the vote? (Beard, pages 66-67.) + +4. What was Dorr's Rebellion? (Beard, page 69.) + +5. What is the significance of the "foreign vote"? (Beard, pages 73- +74.) + +6. What are the four theories of suffrage? (Seymour, pages 1-2.) + +7. In what form did the suffrage enter the American colonies? +(Seymour, page 9.) + +8. What theory of suffrage supplanted the theory of natural rights? +(Seymour, pages 13-14.) + +9. What effect has the suffrage upon the individual? (Seymour, pages +15-16.) + +10. Discuss the educational test. (Cleveland, pages 172-174.) + +11. To what extent is bearing arms against the country a +disqualification for voting? (Cleveland, page 176.) + +12. What is the purpose of compulsory voting? (Cleveland, pages 176- +178.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Civil rights guaranteed by the constitution of your state. + +2. History of woman suffrage in your state. + +3. Citizenship as a prerequisite for voting in your state. + +4. Present restrictions on the right to vote in your state. + +5. List the groups or classes of people in your community who are not +allowed to vote. What is the proportion of these classes to the total +population of the community? What per cent of these excluded classes +are aliens? What is the basis for exclusion in each case? Would you +favor the extension of the vote to any of these groups? Explain. + + +II + +6. Colonial suffrage. (McKinley, _The Suffrage Franchise in the +Thirteen English Colonies in America_; Cleveland, _Organized +Democracy_, chapter x.) + +7. Dorr's Rebellion. (Consult any standard text on American history or +an encyclopedia.) + +8. Suffrage and the frontier. (Seymour, _How the World Votes_, vol. i, +chapter xi.) + +9. Property and tax-paying qualifications in the nineteenth century. +(Porter, _A History of Suffrage in the United States_, chapters ii- +iv.) + +10. Woman suffrage in the nineteenth century. (Consult Porter, +Seymour, or the _Cyclopedia of American Government_. [Footnote: +Throughout the remainder of this text the student will find it to his +advantage to make frequent use of the _Cyclopedia of American +Government_, edited, in three volumes, by A. C. McLaughlin and A. B. +Hart. N.Y. 1914. Appleton and Company. This cyclopedia will furnish +considerable material for students seeking either general information +on political subjects, or special information for topic work. ]) + +11. History of the Nineteenth Amendment. (Consult American Yearbooks, +and also newspaper files for August, 1920.) + +12. Effect of the Fourteenth and Fifteenth Amendments upon the +suffrage. (Kaye, _Readings in Civil Government_, pages 113-116.) + +13. Negro suffrage. (Consult an encyclopedia, or any standard work on +American government.) + +14. Types of individuals who are excluded from the suffrage. +(Cleveland, _Organized Democracy_, chapter xii.) + +15. Duties of the American voter. (Forman, _The American Democracy_, +pages 14-15.) + + +FOR CLASSROOM DISCUSSION + +16. To what extent is the doctrine of natural rights still influential +in American political discussions? + +17. Do you favor an amendment to the Federal Constitution, providing +that no state may extend the suffrage to persons who are not citizens +of the United States? + +18. How long should a potential voter be required to live in a state +before being allowed to exercise the ballot? + +19. To what extent does the educational test show the fitness of the +individual to make the right use of his vote? + +20. Should all convicted criminals be denied the vote during the +remainder of their lives? + +21. Just what constitutes fitness for the suffrage? + + + + +CHAPTER XXXIV + +THE POLITICAL PARTY + + +421. NATURE OF THE POLITICAL PARTY.--A political party may be defined +as a voluntary association of voters, entered into for the purpose of +influencing elections to public office. The individuals comprising a +party have certain broad political principles in common, and these +they seek, by organized effort, to have applied to actual government. +Just as individuals differ on matters of business or religion, so it +is human nature for the voters of a community to form varying opinions +as to the nature, functions, and methods of government. And just as +men tend to draw away from those with whose opinions they do not +agree, so they tend to draw toward those with whom they are in +agreement, and with whose coöperation they may advance principles of +mutual interest. It is this natural tendency of men, first, to differ +with one another, and second, to form associations for the advancement +of mutual aims, that has led to the formation of political parties. + +422. DEVELOPMENT OF PARTIES IN THE UNITED STATES.--The American +political party is older than the nation. Differences of political +opinion divided the American colonists into Whigs and Tories. Later, +party spirit was manifested in the formation of the Revolutionary +committees of correspondence. The struggle over the Constitution of +1787 divided men into Federalists and Anti-Federalists. The question +of a broad or a strict construction of the constitution, the tariff, +and the problem of slavery in the territories,--these are a few of the +great national issues that have influenced party lines. Before the +Civil War party spirit had extended to all parts of the country, +evidencing itself in a number of party organizations. Many of these +organizations proved temporary, but since the Civil War party lines +have been relatively fixed. For more than a half century there have +been two great parties, the Democratic and the Republican. Third +parties have been either temporary or relatively unimportant. + +423. PARTY ORGANIZATION.--There is no constitutional basis or +provision for American political parties, nevertheless each of the +great parties has built up a powerful organization which coördinates +party members in every part of the country. In practically every +township, village, election district, and city ward there are party +agents and local committees whose work it is to promote the interests +of the party both at election time and between elections. The local +party workers constitute a link between individual voters and the +county or State committees, while these latter groups in turn connect +with the national committee of the party. + +It is the work of all those officially connected with this centralized +organization to win adherents to the party standard, to place issues +before the voters, to stimulate interest in candidates, to organize +meetings and clubs, to collect funds for party support, to secure the +registration of voters, and to see that they get to the polls. Party +opinion is formed by means of personal contacts, campaign literature, +speeches, parades, and every manner of propaganda. Party opinion is +formally expressed through the caucus, the primary, the convention, +and the regular election. (See Sections 435-438.) + +424. SERVICES PERFORMED BY THE POLITICAL PARTY.--The political party +performs three great services. [Footnote: The following arrangement of +the services of the political party was suggested to me by Professor +W. B. Munro, of Harvard University. For a fuller discussion see +Chapter XXII of his _The Government of the United States_, The +Macmillan Company, New York, 1919.] + +The first of these is that the party provides machinery which bridges +over the gaps between local, state, and National government. +Similarly, it often serves to bring the executive, legislative, and +judicial branches of government into harmony with one another. The +check and balance system so divides authority in American government +that in many ways the different branches and divisions of government +are uncoördinated. The party facilitates the working of American +government because party members affiliated with one division of +government will tend to coöperate with members of the same party who +may be in control of other divisions of government. For example, a +Democratic governor tends to coöperate with the Democratic members of +the state legislature. Similarly, a Republican President will tend to +work in harmony with those members of his party who are in control of +purely state government. + +The second great service performed by the party is that it formulates +public issues and presents them in concrete shape to the voters. Just +as in industry it is the function of the entrepreneur to coördinate +the other factors of production, so in government it is the function +of the politician to act as a coördinator. Indeed, President Lowell +calls the politician a broker, without whose services popular +government would be impossible. If voters went to the polls with no +previous agreement as to candidates or issues, but each determined to +vote for whomever he liked, thousands of names might be found on the +ballot. If a majority were required to elect, no individual would be +chosen. The party thus performs a valuable service by formulating +those principles which will attract the greatest number of voters, and +by definitely associating those principles with particular candidates. +These issues and these candidates the party places squarely before the +electorate, to the exclusion of minor issues and unimportant +candidates. The party is thus a means whereby democracy makes up its +mind, and expresses that mind with a minimum of confusion and +disorder. + +The third great service of the political party is that it provides a +means of collective and continuing responsibility in politics. If a +candidate were not affiliated with any political party, misbehavior in +office might result in his removal or in his failure to secure +reëlection. But here responsibility would end. When, on the other +hand, the party selects, supports, and vouches for a candidate, the +party constitutes a definite and permanent pledge to the voters. Thus +the party is stimulated to select its candidates carefully, lest their +incompetence or dishonesty fatally injure the reputation of the party. +The past exploits of the party are appropriated for future campaigns; +conversely, the failure or misbehavior of an officeholder will be +pointed out by his political enemies as typical of the party to which +the unfortunate man belongs. + +425. THE ABUSE OF PARTY POWER.--Though party government confers +substantial benefits, it is likewise true that the power of the +political party has been frequently abused. American party +organizations sprang up silently, and developed largely without legal +control. Increased power has been accompanied by diffused +responsibility; increased power and diffused responsibility have led +to the abuse of power. The evils of the party are numerous, and only +those of fundamental importance can be discussed in this text. Some of +these evils will appear in successive chapters; a few may be treated +here. In every case, it should be borne in mind, the basic defect of +party government is that the party has tended to use its power +primarily for private rather than public ends. + +426. CAMPAIGN CONTRIBUTIONS.--Throughout much of our national history +one of the great evils of the political party has had to do with +contributions to the campaign fund. A few decades ago it was the +custom of parties, not only to accept large sums of money from special +interests, but actually to demand substantial contributions from +railroad and other corporations on pain of unfriendly legislation when +the party got into power. In our cities gambling houses and other +vicious interests habitually contributed to the campaign fund of the +party, with the understanding that the party so supported would, if +successful at the polls, protect these unlawful businesses. Large +amounts were also secured from officeholders who feared to incur the +ill will of the party by refusing to contribute to the campaign fund. +The enormous sums got together from these various sources were used to +finance election contests, the peak being reached when in the +presidential election of 1896 the Republican party is said to have +spent more than $7,000,000. The source of most of this sum was unknown +to the general public. + +Fortunately, recent legislation has remedied a considerable measure of +the evils attending unrestricted contributions to the campaign fund. +Laws now prohibit party agents from seeking contributions from the +holders of Federal civil service offices. In 1910 and 1911 Congress +passed Acts providing that a candidate for Representative to Congress +may not expend more than $5000 toward his election, while a United +States Senator may not spend more than $10,000 for a similar purpose. +Other laws specify the purposes for which campaign money may be spent. +In presidential and congressional elections the treasurer of the +national committee of each party must now report the entire campaign +fund contributed and expended, giving the name of every individual +contributing over $1000, and also furnishing an itemized statement of +all expenditures over $10. This report is filed with the clerk of the +House of Representatives, and is open to the public. + +There can be no doubt but that these and similar laws have operated to +deprive the campaign fund of many of its illegitimate features. Most +of the money now expended by parties is secured from a large number of +small contributions. This not only lessens the control of party +policies by special interests, but it also serves to make the party +more responsible to the rank and file of the organization. + +427. PARTY DOMINATION OF NOMINATIONS AND ELECTIONS.--A great problem +of party government is to prevent parties from unduly influencing the +choice of public officials. Leaving until later the general question +of nominations and elections, it may be pointed out here that very +often the whole weight of party power is directed toward securing the +election to office of candidates deemed desirable by the party +machine. The political "boss" has consistently used his power to +manipulate the caucus or the primary so as to advance his own +interests at public expense. Caucuses have been held without proper +notice being given, and party henchmen have been employed to work for +an inside clique or ring. Formerly the rolls of party members were +padded with the names of men dead or absent. Too often elections were +characterized by the stuffing of ballot boxes, the intimidation or +bribery of voters, and the practice of voting more than once. The +effect of these and similar practices has been to thwart the will of +the majority of party members, and to elevate self-interest above the +general welfare. + +The last few decades of American political history have been +characterized by a number of laws designed to safeguard the process of +nomination and election. In practically every state in the Union there +are corrupt practices acts which aim not only to prevent the misuse of +the campaign fund, but to control the party in other respects also. In +all but two states registration is a prerequisite to voting. The +introduction into this country of the Australian ballot, and its rapid +spread among the states after 1890, has made the ballot secret. By +preventing the intimidation of the voter, and by otherwise +safeguarding his rights at the polls, ballot reform has remedied many +abuses which formerly resulted in illegal and unrepresentative +elections. Bribery and illegal voting are no longer glaring evils. It +is now the general practice for state laws to provide definite polling +places, and to guard the receiving and counting of the ballots. + +428. THE SPOILS SYSTEM.--During the first forty years of our national +life it was taken for granted that subordinate executive officials +should continue in office during good behavior, regardless of a change +of administration. After President Jackson's first term, however, it +became the general practice for the incoming party to use offices to +reward party supporters. Senator Marcy's original declaration that "to +the victor belongs the spoils," was accepted by both Democratic and +Republican parties. Each party, upon coming into power, habitually +turned out appointive officials placed in office by the opposition +party. The positions thus made vacant were filled by individuals from +the ranks of the victorious party. + +The spoils system is a serious evil for which party spirit must be +held accountable. By virtue of their patronage, party leaders have +exercised an undue influence over the rank and file of the party. +Frequently a candidate has been named for office, not because he +possessed marked capacity for public service, but because he showed +promise of being a good vote-getter at election time. Very frequently, +therefore, officeholders have secured their positions as the reward of +party support, rather than because of merit. The spoils system has +encouraged the holders of executive offices to pay more attention to +the political fortunes of their party than to their public duties. +Knowing that with a change of administration they would probably be +ousted to make room for the supporters of the rival party, officials +have been tempted to use public office for personal ends. + +The spoils system still constitutes a defect in American government. +Nevertheless something has been done toward eliminating its worst +features. The Civil Service Act of 1883 provided that more than 12,000 +Federal executive offices should be filled by competitive examinations +rather than by political appointment. The Federal Civil Service System +has been subsequently extended until at the present time about two +thirds of the administrative offices in the Federal government are +filled on the merit plan. In many sections of the country the merit +plan has also been used to fill state and municipal offices. Though as +yet limited in scope, it would appear that the future will see a +steady expansion of the merit plan in local and state as well as in +the National government. + +The essential feature of this system, whether in local, state or +National government, is that officeholders secure their positions on +the basis of individual merit. In theory at least, they are little +affected by changes of administration. Both retention of office and +promotion are on the basis of merit, though the standards by which +appointees are judged have not yet been perfected. + +429. EXTENSION OF FAVORS TO SPECIAL INTERESTS.--The tendency of the +political party to extend special favors to private corporations has +constituted a serious evil in American politics. In some instances +powerful corporations have corrupted party politics; in other cases +party organizations have blackmailed corporations under the threat of +unfriendly legislation; in many other cases both party and +corporations have been to blame. In every case, however, the essential +fact is that often the party has been used for the advancement of +special interests rather than to promote the general welfare. +Unfavorable legislation has been bought off and favorable laws secured +by trusts, public service corporations, and other large industrial +interests. Exemption from prosecution has been purchased by gambling +houses and other illegal businesses. Public service corporations have +secured valuable franchises for inadequate consideration. Contracts +for paving and other public works have many times been awarded, not to +firms offering the best work at the lowest price, but to incompetent +or dishonest corporations. Such contracts have been secured by these +corporations because of favoritism shown them by political henchmen +holding office under the spoils system. + +Notable headway has been made in checking these evils. The regulation +of the railroads by the Interstate Commerce Commission renders it +difficult for railroad corporations unduly to influence party +policies. Anti-trust legislation has similarly checked the political +activities of other great industrial combinations. There is a growing +tendency for states to pass laws forbidding or restricting the +maintenance of lobbies in legislative halls. Many recent state +constitutions narrowly restrict the franchise-granting power. Corrupt +practices acts forbid party contributions from corporations. The Civil +Service System renders less easy the unfair award of government +contracts to private corporations. + +430. DECLINE OF PARTY ABUSES.--It is clear that the development of +party government in this country has been attended by important +benefits and serious evils. But the best authorities agree that the +merits of the party system outweigh its defects. Hence our problem is +not how to destroy the system, but how to regulate it so that we may +secure the benefit of its services and avoid the evil results of its +defects. The experience of the last half century is heartening, and it +must be admitted, not only that party abuses have declined, but that +there is good reason to believe that they will continue to decline. In +our attitude toward the political party we must distinguish, as Burke +distinguished, between the legitimate form of the party and its +perverted form. The perverted forms of party organization call for +censure and attack; the legitimate features of the party deserve our +appreciation and support. + +431. DUTY OF PARTY SUPPORT.--Parties seem to be inevitable, for no one +has yet shown how representative government can be carried on without +them. Since the average voter cannot make his influence felt except +through organization and mass action, it is, as a rule, as futile for +the individual to cast his vote regardless of party affiliations as it +is for a soldier to fight without regard for army discipline and +organization. Parties are the result of compromises, and the +individual must be willing to shelve minor issues for the sake of +uniting with his fellows upon vital issues. Ordinarily, the individual +will best perform his civic duties by affiliating himself with some +political party. + +But we are coming to believe that the necessity of party support in +National and state elections does not imply that party support is +necessary in local elections. In National politics each party +generally has a definite policy with regard to taxation, the tariff, +armaments, and other debatable issues. Support of the party for the +realization of its program on these matters may be justifiable; on the +other hand, loyalty to party in local politics may be an evil. There +is no Democratic way of cleaning a street, and no Republican method of +fighting a fire. Thus the same citizen who may be under a moral +obligation to support some party in National and state politics, may +be under a similar obligation to make his choice of local candidates +independent of party. A desirable development, in this regard, is the +recent tendency for some municipal elections to be decided regardless +of the party affiliations of the candidates. + +432. INTEGRITY IS ABOVE PARTY.--Young people are commonly advised to +affiliate themselves with that political party which seems most +adequately to express their political ideals. But though this is a +method of conserving political energy, no citizen ought to support a +party which has ceased to represent him on matters which he considers +of vital importance. When the party machine sets itself up as an end +rather than a means, and when it emphasizes gain to a few rather than +benefits to the party as a whole, then it is time for honest men to +abandon their party. Integrity is above party. The slogan, "My party +right or wrong" is not only stupid but treasonable. Let the citizen be +eager to coöperate with his fellows for the advancement of common +political views, but let the corrupt party be abandoned. + +433. RESPONSIBILITY OF THE INDIVIDUAL FOR PARTY ABUSES.--Nothing +could be more mistaken than the belief that defective government is +due primarily to the existence of an entity known as the political +party. The party is merely an association of individuals, and if it is +corrupt it is so because of the corruption of the individuals +comprising it. It is time that political pessimists stopped blaming +the party for the defects of party government, and time they began to +see that the indifference and shortsightedness of the individual voter +is at the bottom of the trouble. One of the greatest sources of +corruption in American life is the knowledge of political bosses that +many of their adherents will follow the party standard regardless of +its platform and no matter what the character of its candidates. The +party boss is given an opening when individuals neglect to perform +their civic duties. The failure to vote, or to serve in office when +the opportunity offers, the failure either to protest against +candidates chosen unfairly, or to demand an accounting of +officeholders, spell corruption and inefficiency in government. + + +QUESTIONS ON THE TEXT + +1. Define a political party. Why have parties arisen? + +2. Trace briefly the development of parties in the United States. + +3. Outline the organization of a political party. + +4. Explain clearly the three great benefits of party organization. + +5. What is the basic defect of party government? + +6. What can be said as to contributions to the campaign fund of +political parties? + +7. Name some methods whereby the party boss may dominate nominations +and elections. Outline some laws designed to safeguard nominations and +elections. + +8. What is the spoils system and when did it arise? + +9. What effect has the merit plan had upon the spoils system? + +10. Are party abuses declining or increasing? + +11. Distinguish between the duty of party support in National and +perhaps State elections, and the duty of such support in local +elections. + +12. Under what circumstances should an individual abandon his party? + +13. To what extent is the individual responsible for party abuses? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxxiv. + +Or all of the following: + +2. Bryce, _Modern Democracies_, vol. i, chapter ii; vol. ii, chapter +xl. + +3. Guitteau, _Government and Politics in the United States_, chapter +xxxvi. + +4. Munro, _The Government of the United States_, chapters xxii and +xxiii. + +5. Woodburn, _Political Parties and Party Problems_, chapter xv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What was Washington's opinion of the political party? (Munro, page +313.) + +2. Who were the Federalists? (Guitteau, pages 455-456.) + +3. Discuss the principles of the Democratic-Republican party. +(Guitteau, pages 456-457.) + +4. What was the origin of the National-Republican party? (Guitteau, +pages 457-458.) + +5. What was the origin of the Democratic party? (Guitteau, page 457.) + +6. What part have third parties played in our history? (Guitteau, +pages 459-460.) + +7. What three sets of men exist in every party? (Bryce, vol. i, pages +126-127.) + +8. What are the three contributions of the United States to political +science? (Bryce, vol. ii, page 27.) + +9. What are the two aims of party organization? (Bryce, vol. ii, page +32.) + +10. What is the relation of the party to national unity? (Bryce, vol. +ii, pages 43-44-) + +11. In what way does the party stabilize popular government? (Bryce, +vol. ii, pages 44-45.) + +12. What is the relation of constancy and faithfulness to the safety +of the Republic? (Woodburn, page 338.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Which party occupies the dominant position in the political life of +your community? Find out why it holds this position. + +2. The history of third parties in your section, _i.e._, parties other +than the Democratic and Republican parties. + +3. The organization of any political party having official +representatives in your community. + +4. The work of local political committees in your community +immediately preceding election. + +5. Corrupt practices acts in your state. + +6. The Civil Service System in your state. + +7. Make a study of the different political parties with a view to +determining which you would prefer to join. + + +II + +8. Origin and growth of parties in the United States. (Beard, +_American Government and Politics_, pages 103-108; Guitteau, +_Government and Politics in the United States_, chapter xxxvi; Bryce, +_The American Commonwealth_, vol. ii, chapters liii and liv; Ford, +_The Rise and Growth of American Politics_, chapter vii.) + +9. Characteristics of the political party. (Ray, _Introduction to +Political Parties and Practical Politics_, chapter i.) + +10. Distrust of parties in our early history. (Jones, _Readings on +Parties and Elections in the United States_, pages 28 36.) + +11. The spoils system. (Bryce, _The American Commonwealth_, vol. ii, +chapters lxv and lxvii; Ray, _Introduction to Political Parties and +Practical Politics_, chapter xiv.) + +12. "Why the best men do not go into politics." (Bryce, _The American +Commonwealth_, vol. ii, chapter lviii.) + +13. Campaign contributions. (Brooks, _Corruption in American Politics +and Life_.) + +14. The party ring. (Bryce, _The American Commonwealth_, vol. ii, +chapters lxiii and lxiv.) + +15. The state boss. (Reinsch, _Readings on American State Government_, +pages 432-434; Ray, _Introduction to Political Parties and Practical +Politics_, chapter xvi.) + +16. How the party machine works. (Ford, _The Rise and Growth of +American Politics_, pages 294-333; Kaye, _Readings in Civil +Governments_, pages 373-377; Jones, _Readings on Parties and +Elections in the United States_, pages 175-178; Lowell, _Public +Opinion and Popular Government,_ chapter vi.) + +17. Party government in England and in the United States. (Jones, +_Readings on Parties and Elections in the United States_, pages I-II.) + +18. Necessity of strong parties in the United States. (Jones, +_Readings on Parties and Elections in the United States_, pages 20- +27.) + +19. The struggle for good government. (Hammond and Jenks, _Great +American Issues_, chapter v.) + +20. The citizen and the party. (Bryce, _Hindrances to Good +Citizenship_, all; _Hughes, _Conditions of Progress in Democratic +Government_, lectures in and iv; Root, _Addressee on Government and +Citizenship_, pages 1-77.) + + +FOR CLASSROOM DISCUSSION + +21. Do third parties serve a useful purpose? + +22. Should we pass laws limiting the total amount which any political +candidate may spend in the campaign for nomination and election? + +23. What are the advantages and disadvantages of placing party emblems +at the head of ballots? + +24. To what extent will civic education remedy the evils of the spoils +system? + +25. How will you determine which party you prefer to affiliate with, +when you become of age? + +26. How would you determine whether or not an individual ought to +abandon his party? Suppose that an individual has severed connections +with a party which he had reason to suppose was corrupt. Under what +circumstances should he return to the ranks of that party? + + + + +CHAPTER XXXV + +CHOOSING THE AGENTS OF GOVERNMENT + + +434. THE PROBLEM.--In an important sense, good government is a matter +of getting the right men into office, hence one of the most vital +problems in American democracy has to do with the choice of public +officials. In any representative democracy nominations and elections +must be a difficult and complex matter; in the United States the +problem is rendered doubly difficult by the great size of the country, +and by the rapidity with which its population is increasing. In this +country hundreds of thousands of public officials are placed in office +annually, all of them either elected at the polls, or chosen by agents +who are themselves elected. + +The problem before us involves four questions: First, how can we +perfect the mechanism by means of which the officers of government are +selected? Second, how can we elect officials who represent a +_majority_, rather than a _plurality_ [Footnote: See Section 444.], of +those actually voting? Third, how can voters be helped to make +intelligent choices at the polls? Fourth, how can we encourage +qualified voters to make an habitual use of the ballot? + +435. NOMINATION BY CAUCUS.--One of the earliest methods of choosing +party candidates in this country was by means of the caucus. The +caucus was an informal meeting in which the local members of a +political party nominated candidates for town and county offices. +Candidates for state offices were named by a legislative caucus, in +which legislators belonging to the same party came together and +determined their respective nominations. The legislative caucus spread +to all of the states, and in 1800 was transferred to Congress as a +mode of nominating the President and Vice-President. + +After 1825 the caucus declined in importance. In the lawmaking +bodies of both nation and states there continues to be a legislative +caucus, but its influence upon the choice of public officials has +greatly diminished. Outside of the state and National legislatures the +caucus is now found only in towns, wards, and other small areas. In +these areas it is used for the purpose of nominating candidates for +local offices, and for the purpose of electing delegates to nominating +conventions. Except in some parts of New England, it should be noted, +this local caucus is now generally known as the primary. + +436. RISE OF THE NOMINATING CONVENTION.--After 1825 the caucus was +largely superseded by the convention. The convention is a relatively +large meeting of party delegates chosen for the express purpose of +deciding upon party policies and candidates. The convention device was +developed, partly because party bosses had come to dominate the +caucus, and partly because the increasing population of the country +necessitated larger congregations of party members. The convention was +made possible by improved means of transportation, which allowed +relatively large groups of individuals to come together for +deliberative purposes. By 1850 all of the political parties had +adopted the convention plan for the nomination of candidates for most +local, state, and National offices. + +437. DECLINE OF THE CONVENTION.--The convention was an improvement +upon the caucus in that it allowed a greater number of party members +to participate in nominations. Unfortunately, delegates to the +convention continued to be chosen in local caucuses, where the party +"ring" or machine usually determined the choice of delegates. Bosses +prepared "slates," bribed delegates, and otherwise manipulated what +was supposed to be an expression of the party will in convention. In +many cases the convention became-merely a cut-and-dried affair in +which party members ratified nominations previously agreed upon by +party leaders. + +In the latter part of the nineteenth century, and especially after +1900, these defects stimulated the development of measures designed to +reduce or eliminate the abuses of the convention system. The most +important of these reform measures is the Direct Primary. + +438. NATURE OF THE DIRECT PRIMARY.--The terms caucus, primary, and +direct primary are easily confused. We have seen that the local caucus +is now generally known as the primary. The essential difference +between this caucus or primary and the Direct Primary is this: in the +Direct Primary, party members vote directly for the party's candidates +at the forthcoming election; in the caucus or primary, on the other +hand, party members do not vote directly for the more important of +these candidates, but instead vote for delegates to a convention. +Later these delegates meet in convention and there vote directly for +party candidates. Thus the Direct Primary is really an election within +the party, held for the purpose of allowing party members to choose +the candidates who will represent the party at the approaching regular +election. When adopted, the Direct Primary abolishes the convention by +allowing party members to cast their ballots directly for their +party's candidates. Those individuals are nominated who receive a +plurality of all votes cast. + +In most states the Direct Primary has recently been placed under +detailed legal control. Such laws generally prescribe the time and +place of holding the Direct Primary, the qualifications of those who +may participate, and the organization and general management of this +party election. There is provision for polling places, official +ballots, and election of officials, just as there is provision for +similar machinery in the regular election which follows the Direct +Primary. + +439. EXTENT OF THE DIRECT PRIMARY.--Heralded as a cure for the defects +of the convention, the Direct Primary spread rapidly after 1900. By +1919 every state in the Union had adopted it in some form, and about +forty states were applying the state-wide primary. At first the Direct +Primary was used only to nominate candidates for local offices, but at +the present time state officers, and even Federal Senators and +Representatives, are often nominated by this method. In more than a +third of the states the voters at the Direct Primary are allowed to +express their preference directly for one of the candidates for the +presidential nomination. Altogether, the Direct Primary has largely +supplanted the convention in about three fourths of the states. + +440. ADVANTAGES CLAIMED FOR THE DIRECT PRIMARY.--A number of important +advantages are claimed for the Direct Primary. It is said that the +device reduces the power of the party boss, and insures democratic +control within the party. Party members are more interested in the +Direct Primary than in the local caucus or primary because in the +Direct Primary they actually aid in the direct selection of party +candidates. The local caucus or primary, on the other hand, does not +directly select the more important party candidates, but can only +choose delegates to a nominating convention. Because the Direct +Primary increases the control of the individual over party policies, +it encourages active political work on the part of the rank and file. +It is maintained that the Direct Primary brings out a larger vote than +would otherwise be possible. Better candidates are secured by means of +the Direct Primary, it is claimed, because the nomination of +individuals depends upon the presentation of their claims to the +voters, rather than upon winning the favor of party bosses. + +441. OBJECTIONS URGED AGAINST THE DIRECT PRIMARY.--The opponents of +the plan claim that the Direct Primary has serious faults. It is said +that in supplanting the convention the Direct Primary has made more +difficult the exchange of views and opinions among party members. It +is declared that the Direct Primary has disorganized the party and has +therefore broken down party responsibility. It is claimed that the +Direct Primary has not eliminated the boss, for rather than voting +directly for candidates of their own choice, electors must make a +selection from a list of candidates previously arranged by party +leaders. All of these candidates may be objectionable to the voter. It +is also pointed out that many worthy candidates have not the money to +defray the expense of competing in the Direct Primaries. Frequently +the "ring" brings out a number of candidates to divide the voters, +while the henchmen of the ring concentrate their votes upon one +man. Lastly, it is pointed out, the excessive number of candidates to +be selected renders it impossible for the average individual to make +an intelligent selection. In such a case, the average individual +attends the Direct Primary only to confirm the choice of party +leaders. + +442. OUTLOOK FOR THE DIRECT PRIMARY.--Although there is much to be +said for and against the Direct Primary, the belief is gaining ground +that this device does not offer the final solution of the difficulty +which led to its establishment. After an exhaustive study of the +subject, Professor Munro concludes as follows: "In a word, the primary +seems to afford protection against the worst fault of the convention, +which was the frequent selection of incapable and corrupt candidates +at the behest of a few political leaders. But it has not, in twenty +years or more of experience, demonstrated that it can achieve positive +results of a measurably satisfactory character. It has not rid the +state of boss domination; it has increased the expense which every +candidate must incur, and it gives a marked advantage to the man whose +name is well known to the voters, whether he be a professional +politician or not. To say that the primary secures on the average +somewhat better results than the old convention may be stating the +truth, but it is not high praise." + +443. NOMINATION BY PETITION.--The system of nomination by petition +came into use between 1880 and 1890. It provides that candidates may +be placed in nomination by filing with some specified officer +nomination papers, or petitions, signed by a specified number of +qualified voters. The filing of these papers entitles the candidates +named thereon to have their names printed upon the official ballot. +The merit of this device is that it prevents the party machine from +dictating the choice of candidates, and that it enables independent +candidates to be brought forward. On the other hand, it has encouraged +the circulation of petitions for hire. + +On the whole this method of nomination is proving more and more +popular in local elections. It seems well adapted to the needs of +municipalities, for it reduces partisanship to a minimum. It is said +that in some cases it practically eliminates national politics from +local elections. The supporters of nomination by petition are +increasing, and it is now proposed to apply it to all local and state +nominations. In such an event the Direct Primary would be radically +modified, or even abolished. + + 444. MAJORITY REPRESENTATION.--How can we make certain that an +individual nominated or elected represents a majority of those voting? +When there are only two candidates, the one receiving the largest +number of votes receives both a plurality and a majority. But when +there are several candidates, it often happens that the individual +receiving the largest number of votes does not receive a majority. +Suppose, for example, that 100,000 votes are cast, and that A receives +20,000, B 25,000 C 30,000 and D 25,000. Ordinarily C will be declared +successful because he has received a _plurality_ of the votes cast. +But he has not received a _majority_ of the votes cast. This custom of +declaring successful the candidate receiving a plurality constitutes a +defect in our representative system, since a plurality candidate may +represent only a small minority of those actually voting. + +Several attempts have been made to remedy this defect. In some +southern states it is the practice to require an absolute majority for +election. If no aspirant receives a majority, a second ballot is taken +on the two candidates standing highest on the list. In a number of +northern cities, the evil of plurality voting has been attacked +through the _preferential voting_ device. This system of voting allows +the voter to designate not only his first, but his second and third +choices as well. If any candidate receives a clear majority of first +choice votes, he is declared elected. But if no one receives such a +majority, the second choices are added to the first choices. If this +further calculation does not give any candidate a majority, third +choices are resorted to. In cities where the plan has been tried, +preferential voting is said to have proved markedly successful. + +445. MINORITY REPRESENTATION.--Related to the question of making sure +that successful candidates represent a majority of those voting is the +problem of the adequate representation of the minority. The most +notorious phase of this problem has grown out of our custom of +electing one national Representative from each of the congressional +districts into which every state is divided. Often gerrymandering +[Footnote: The origin and nature of "gerrymandering" are discussed in +Chapter XLII, Sections 542 and 543.] is resorted to, that is to say, +congressional districts are so arranged as to give the minority party +overwhelming majorities in a few districts, while the dominant party +is allowed to carry the remaining districts by very small majorities. +The result is gross misrepresentation in Congress, because the party +having a bare majority often secures a large percentage of the +representatives, while the minority is very inadequately represented. + +Such misrepresentation also appears in connection with the choice of +representatives to the state legislatures. + +In the attempt to remedy this type of misrepresentation various plans +of _proportional representation_ have been put forth. In Illinois +members of the lower house of the state legislature have long been +chosen as follows: Each state senatorial district is given the right +to elect three assemblymen. Every elector in the district has the +right to cast three votes, one each for three different persons, or +two votes for one candidate and one for another, or all for one +candidate. By concentrating its votes upon one candidate, an average +minority can be sure of at least one representative in each district. +A plan employed in several other states likewise aims to give each +political party representation proportional to the number of votes +cast by the party, regardless of whether the number is a minority or a +majority. The principle of proportional representation, if fully +worked out, and if made simple enough to be comprehended by the +average voter, would insure majority rule and at the same time allow +the adequate representation of minorities. + +446. OBSTACLES TO INTELLIGENTY VOTING.--Several obstacles to +intelligent voting in this country are intimately connected with the +long ballot. [Footnote: The term "long ballot" refers to the fact that +so many officials are elective that the ballot on which their names +appear is often of great length. The term "short ballot" refers to a +reduction of the length of this ballot by making fewer officers +elective.] The wave of democracy which swept the country in the last +century had the double effect of increasing the number of elective +offices, and of shortening the terms during which officials were +allowed to hold office. A greatly lengthened ballot, together with the +great frequency of elections, has made it impossible for the average +voter to exercise proper judgment at the polls. The difficulty of +investigating the merits of the numerous candidates, or even of +becoming familiar with their names, has discouraged many from voting. +Of those who still pretend to reach independent decisions regarding +candidates and issues, a considerable number really rely upon the +direction and advice of professional politicians. The long ballot is +the enemy of democracy, since it allows politicians, rather than the +masses, to control actual government. + +447. SHORTENING THE BALLOT.--The chief remedy for these evils is the +short ballot. The essential features of the short ballot plan are as +follows: Popular elections should be resorted to only for the purpose +of choosing those officials who have to do with public policies. For +example, state voters ought to select only the governor, lieutenant +governor, and members of the legislature; city voters ought to choose +only the mayor and council; [Footnote: Where this form of municipal +government is still employed.] while county voters ought to confine +their attention to a small group of county commissioners or +supervisors. All other officials ought to be appointed, either +directly by chief executive officers, or by means of the merit plan. +Along with the shortening of the ballot, we should be increasingly +willing to allow officials to hold office for longer terms. A +supplementary feature of great value would be the establishment of +such means of popular control as would protect the public against +abuse of power by officials to whom these longer terms had been +extended. + +448. MERITS OF THE SHORT BALLOT.--There can be little doubt that a +drastic shortening of the ballot would work a great improvement in our +electoral system. If the vast majority of officials were made +appointive, the voter could give more time and thought to the +consideration of a few important elective officials. A short ballot +would lessen the possibilities of manipulation by rings and bosses. +Unquestionably the interest of the voter would be quickened, since his +influence upon the political life of his community would be more +apparent. And not only would the short ballot make government more +representative, but it would help to make it more responsible. + +If the majority of the administrative officials who are now elected +were made appointive, responsibility for their conduct in office could +be concentrated upon the chief executive officer appointing them. + +449. THE NEGLECT TO VOTE.--The last of the vital questions arising in +connection with the choice of public officials is the matter of +encouraging the enfranchised classes to use the ballot. The long +ballot and the domination of party politics by rings and bosses +discourage many from voting, nevertheless it is probably true that the +slackness of the individual is the chief reason why voters neglect to +use the ballot. This slackness may take the form of personal +indolence, or of indifference to civic duty, or of preoccupation with +the press of personal business. When individuals are busy with their +private affairs the time needed for intelligent political action is +often begrudged. Again, the duty to vote is not always a compelling +one. When a duty is shared with innumerable other people, it appears +less of a personal duty; when the individual notes that his fellow- +citizens neglect that duty, his own tendency toward slackness is +encouraged. In a democracy, as Lord Bryce points out, "everybody's +business becomes nobody's business." + +450. IMPORTANCE OF CIVIC EDUCATION.--The perfecting of our nominating +and elective machinery, together with the shortening of the ballot, is +doing a good deal to awaken interest in the proper use of the vote. +But the problems of democracy cannot be solved by purely mechanical +means. If our voters are to regard the use of the ballot as a civic +duty, we must rely largely upon civic education. Young people, soon to +be voters, must be impressed with the responsibilities of democracy. +They must be taught the vital importance of using the vote. In Belgium +and Spain it is customary to penalize individuals for neglecting to +vote, but the idea of compulsory voting is repugnant to the American +spirit. Moreover, law alone can neither build up nor sustain +individual morality. The remedy for indifference to the ballot would +seem to be not law, but the education of voters to their moral +obligation toward the government under which they live. + + +QUESTIONS ON THE TEXT + +1. What four questions arise in connection with the choice of public +officials? + +2. Describe nomination by caucus. To what extent is this method still +used? + +3. Why did the nominating convention arise? + +4. What forces were responsible for the decline of the convention? + +5. What is the nature and purpose of the Direct Primary? + +6. To what extent is the Direct Primary used in this country? + +7. What are the chief advantages of this device? + +8. What defects are urged against the Direct Primary? + +9. What does Professor Munro conclude as to the value of the Direct +Primary? + +10. What is nomination by petition? + +11. What is the problem of majority representation? + +12. Discuss the nature and purpose of the preferential voting device. + +13. What is the purpose of gerrymandering? + +14. What is the nature and purpose of proportional representation? + +15. What is the relation of civic education to the proper use of the +ballot? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy,_ chapter xxxv. + +Or all of the following: + +2. Bryce, _The American Commonwealth_ vol. ii, chapter lxvi. + +3. Guitteau, _Government and Politics in the United States,_ chapter +xxxvii. + +4. Ray, _Introduction to Political Parties and Practical Politics,_ +chapter iv. + +5. Reed, _Form and Functions of American Government,_ chapter vii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Is the number of elective officers in the United States greater or +less than in Europe? (Bryce, page 146.) + +2. How is the caucus used at the present time? (Ray, page 75.) + +3. What is a "self-announced" candidate? (Ray, page 75.) + +4. Describe the workings of the "nomination by petition" device. (Ray, +page 76.) + +5. What evils attend the unregulated caucus or primary? (Ray, pages +80-83.) + +6. Describe the work of the state nominating convention. (Guitteau, +pages 467-468.) + +7. Outline the procedure in the national convention. (Guitteau, pages +471-472.) + +8. What are the two chief types of Australian ballot? (Reed, pages 82- +84.) + +9. What is the chief weakness of the Direct Primary? (Reed, page 87.) + +10. Name some states in which the presidential preference primary is +used. (Reed, page 87.) + +11. How is a typical presidential preference primary conducted? (Reed, +page 87.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Use of the caucus or primary in your community. + +2. The nominating convention in your state. + +3. The Direct Primary in your state or community. + +4. Legal control of the Direct Primary in your state. + +5. The extent to which nomination by petition is employed in your +state. + +6. The representation of minorities in your state legislature. + +7. Recent ballot reform in your state. + + +II + +8. The framework of the convention. (Ford, _Rise and Growth of +American Politics_, chapter xvi; Ray, _Introduction to Political +Parties and Practical Politics_, chapter v; Woodburn, _Political +Parties and Party Problems in the United States_, chapters xi-xiii.) + +9. The nominating convention at work. (Bryce, _The American +Commonwealth_, vol. ii, chapter lxx; Ray, _Introduction to Political +Parties and Practical Politics_, chapter viii.) + +10. Structure of the Direct Primary. (Ray, _Introduction to Political +Parties and Practical Politics_, chapter vi.) + +11. How the Direct Primary works. (Cleveland, _Organised +Democracy,_ chapter xvii; Woodburn, _Political Parties and Party +Problems in the United States,_ chapter xxi.) + +12. Effect of the Direct Primary upon party organization. (Holcombe, +_State Government in the United States,_ pages 193-204.) + +13. Direct nominations. (Reinsch, _Readings on American State +Governments,_ pages 383-394) + +14. Tyranny of the majority. (Bryce, _The American Commonwealth,_ vol. +ii, chapter lxxxiv.) + +15. Safeguarding the rights of the minority. (Gettell, _Readings in +Political Science,_ pages 322-325.) + +16. The nature of proportional representation. (Jones, _Readings on +Parties and Elections in the United States,_ pages 164-168; Commons, +_Proportional Representation._) + +17. Objections to the principle of proportional representation. +(Gettell, _Readings in Political Science,_ pages 324-325.) + +18. Preferential voting. (_Massachusetts Constitutional Convention +Bulletins,_ 1917.) + +19. The gerrymander. (Woodburn, _Political Parties and Party Problems +in the United States,_ chapter xx.) + +20. The short ballot. (Childs, _Short Ballot Principles;_ +Massachusetts Constitutional Convention Bulletins, 1917.) + +21. What proportion of qualified voters actually use the ballot? +(Hart, _Practical Essays on American Government,_ No. 2.) + + +FOR CLASSROOM DISCUSSION + +22. The desirability of extending the Direct Primary in your state. + +23. The closed versus the open primary. + +24. Advantages and disadvantages of nomination by petition. + +25. Advantages and disadvantages of holding local, state and National +elections at different times. + + + + +CHAPTER XXXVI + +HONESTY AND EFFICIENCY IN OFFICE + + +451. MAGNITUDE OF THE PROBLEM.--How can we insure the honest and +efficient administration of American government? Civic education and +the perfection of nomination and election devices will do much toward +securing this end, but there remains a troublesome question. This has +to do with reorganizing our legislative and administrative machinery, +so that public officials may be allowed or encouraged to perform their +duties in a responsible and effective manner. + +The problem is a vast one, the adequate treatment of which would +require volumes. In this chapter, therefore, it will be necessary to +confine the discussion to a few of the more pressing aspects of the +problem. Of these the following are perhaps the more important: First, +the defects in legislative procedure; second, the reorganization of +state administration; third, budget reform; and fourth, the reform of +municipal government. + + +A. DEFECTS IN LEGISLATIVE PROCEDURE + +452. AMERICAN LEGISLATURES ARE OVERWORKED.--It has frequently been +pointed out that in the United States both state and National +legislatures are overwhelmed with work. One reason for this is that +the extension of government control over industrial corporations has +rendered legislation more complex and greater in volume. The +development of public interest in health, education, and related +fields has 'of recent years markedly increased the amount of +legislation. The custom which many legislators have of attempting to +get as much special legislation for their respective districts as +possible has likewise increased the number of laws upon the statute +books. Lastly, it should be borne in mind that throughout our history +we have tended to believe legislation a cure-all for the defects of +American life. This attitude has led to an excessive number of laws on +subjects which in European countries are ordinarily left to the +discretion of administrative officials. + +The combined effect of these developments has been to confront our +legislatures with so much business that honest and efficient +legislation has been rendered exceedingly difficult. + +453 THE COMMITTEE SYSTEM.--The chief defects of American legislation +appear in connection with the committee system which exists in both +National and state legislatures. The committee system is the practice +of dividing the legislative body into a large number of small groups +or committees whose duty it is to consider various types of +legislative business. The great merit of this device is that it +expedites business. Indeed, the membership of our legislatures has +become so large, and the amount of legislative business has increased +so rapidly, that it is difficult to see how the committee system could +be dispensed with. Without some such division of labor, chaos and +endless delay would result. [Footnote: For the part played by the +committee system in the actual making of a law, see Chapter XLIIL] + +At the same time, the committee system has numerous faults. As Lord +Bryce has pointed out, it destroys the unity of the legislature by +breaking it up into a number of small groups among which there is no +appreciable degree of coördination. The committee system limits +debate. Since most committee business is transacted in secret session, +the public is deprived of light upon public affairs. So minutely does +the committee system divide legislative labor that even the most +important piece of legislation cannot secure the attention of the best +men. There is a diffusion of responsibility when various committees +work upon related problems without regard for the work being done by +one another. Finally, the committee system throws power, unaccompanied +by adequate responsibility, into the hands of the committee chairman. + +454 LOG-ROLLING. Log-rolling is the trading of votes among individual +legislators. Many of the faults of our state and National legislatures +are connected with this practice. Some legislators are so intent upon +securing the passage of bills in which they are personally interested +that they are willing to vote for a fellow-legislator's pet bills, +regardless of merit, provided that legislator will return the favor. +In this way special legislation often displaces bills which are drawn +in a wider interest,--taxation, education, and other vital matters +being neglected so that members may pursue personal ends. + +There is as yet no limit to the number of bills which may be +introduced by state or National legislators. As a result there is a +large number of unnecessary and hastily framed bills for which no one +is definitely responsible. It is supposed to be the duty of all +legislators to weed out bills which are poorly framed, or which are +designed to promote special interests. But in this case everybody's +business becomes nobody's business. Such machine-like formalities as +repeated readings of a bill, and a series of committee reports upon +it, are generally substituted for individual scrutiny of a measure. + +455. LEGISLATIVE REFORM.--The reform of legislative procedure is +attracting an increasing amount of attention among students of +American politics. Many recent state constitutions define in detail +the powers and procedure of the state legislature. A considerable +number of states now have legislative reference bureaus, which enable +legislators to keep track of legislation in other states, as well as +to have ready access to important data bearing upon their own +problems. There is a growing tendency for state legislatures to employ +expert bill drafters to draw up laws on technical and highly-complex +subjects. The expert bill drafter and the legislative bureau help +materially to reduce the amount of defective and unwise legislation on +the statute books. + +Much remains to be done, however. Important public bills ought +invariably to be given first consideration by legislators, instead of, +as is still many times the case, being put off until the end of the +session in order to allow time for log-rolling. Filibustering and +other time-wasting tactics should be curbed, because they tend to +obstruct legislation. Many students of government advocate the +extension of a plan already adopted in Massachusetts and a few other +states, whereby all bills are given a public hearing. It is also clear +that some method ought to be devised whereby the work of the various +committees dealing with related subjects could be correlated and +harmonized. Lastly, any measures which will reduce the amount of +unnecessary and ill-advised legislation must prove of great value. + + +B. THE REORGANIZATION OF STATE ADMINISTRATION + +456. DEFECTS IN STATE ADMINISTRATION.--Originally the state +administration consisted of the Governor and a few elective officers, +notably a Secretary of State, a Treasurer, and an Attorney-General. +With the rapid development of the country, education, health, +dependency, corporations, and similar matters have required more and +more attention from state governments. To perform a host of new +functions the state administration has expanded to include numerous +commissioners, boards, and departments, some of them elected by the +people, and some of them appointed by the Governor. + +This development has been haphazard, rather than orderly and planned. +As a result, the administrative department is in most states a +confused and tangled mass of boards and commissions, departments and +single offices, often duplicating the work of one another, and largely +working without any appreciable degree of coördination. In most states +numerous administrative officers are elective, rather than appointive. +This situation has two drawbacks: In the first place elective +officials are responsible to no one but the people at large, and +therefore these officials cannot be _efficiently directed or +supervised_ by the Governor. In the second place, no definite person +or persons can be held _responsible_ for the conduct of this numerous +body of elective administrative officials. + +457. THE REFORM OF STATE ADMINISTRATION.--The reorganization and +consolidation of state administrative offices is attracting an +increasing amount of attention. In New Jersey, Massachusetts, +Illinois, and several other states, administration has been notably +simplified and systematized. The Illinois Administrative Code of 1917, +for example, consolidated the work of more than a hundred +administrative offices into nine main departments. Each department is +in charge of a director, appointed by the Governor, and each +department is responsible to the Governor. Coördination of this type +economizes time and energy, and saves the state's money by reducing +the number of salaried officials. The centralization of the entire +administration under the Governor not only allows efficient +supervision, but permits the people to hold this official strictly +accountable for the administration. + +The need of reform in state administration is recognized throughout +the Union, but in most states the reorganization of administrative +offices is retarded in two ways: First, the movement is opposed by +officeholders who fear that their positions will be abolished by a +consolidation of departments; second, in many states the consolidation +of administrative offices is impossible without substantial amendments +to the state constitution. + + +C. BUDGET REFORM + +458. THE QUESTION OF A BUDGET.--In contrast to the leading countries +of Europe, our National government until very recently had no budget +system. Some of the estimates were prepared by the administrative +departments, under the direction of the President, while other +estimates were prepared by various committees in the House of +Representatives. In Congress there was little or no coördination +between the various committees considering different appropriations. +Nor were these committees properly coördinated with the administrative +departments which were responsible for the original estimates. + +After appropriations had been granted, Congress had no scrutiny over +the actual expenditure of the money. Thus the administrative +departments might waste their appropriations, and then secure the +passage of deficiency bills to make up the shortage. At no time did +the various departments and committees considering appropriations take +into careful account the amount of government revenue. For this reason +it was purely an accident if appropriations kept within the limits set +by available revenue. + +A similar situation formerly prevailed in many of the states. The +various administrative departments transmitted to the legislature an +estimate of what each required for the coming year. These estimates, +together with an unlimited number of appropriation bills introduced by +individual members, were referred to various committees. Whether +particular appropriations were granted depended, not upon the amount +of state revenue, but upon the political pressure brought to bear in +favor of those measures. As in Congress, neither the executive nor +legislative branch of government, neither particular committees nor +individual legislators, could be held wholly responsible for any +appropriation measure. Excessive waste of public funds was the result. + +459. BUDGET REFORM.--The last two decades have witnessed a growing +demand for a national budget. Under the direction of President Taft a +commission investigated the general question of responsibility in the +handling of Federal finances. The report of the committee favored a +national budget, but the unfriendly attitude of Congress checked the +movement. Interest in a national budget increased during the two terms +of President Wilson, stimulated, especially, by the wave of postwar +economy which swept the country after the signing of the armistice in +November, 1918. In the spring of 1921, a bill establishing a budget +system for the National government passed both houses of Congress, and +on June 10, 1921, the bill became law by the signature of President +Harding. This system is expected markedly to improve Federal finances. + +Practically unknown a few years ago, the budget movement among the +states has spread so rapidly that at the present time almost all of +the commonwealths have some sort of budget system. Three methods of +preparing the budget are found among the several states. In some +states, as in New York, budget-making is in the hands of the +legislature; in other states, as in Wisconsin, both legislature and +executive participate in budget-making; in still other states, as +in Illinois, the executive alone is responsible for the preparation of +the budget. Many authorities claim that the last-named type of budget +preparation is preferable but, in many states it is objected to as +giving too much power to the executive. + + +D. THE REFORM OF MUNICIPAL GOVERNMENT + +460. MUNICIPAL REFORM: CHANGES IN THE MAYOR-COUNCIL PLAN.--Until the +opening of the twentieth century practically every American city was +governed under what is known as the mayor-council plan. This plan +provides for a council to make the laws, and a mayor to act as +executive. Formerly the council of the larger cities was very often +composed of two chambers, a board of aldermen and a common council, +but of late years the single-chambered council has become more and +more common. + +The mayor-council plan still prevails in most American cities, +particularly in the larger municipalities. But everywhere the growing +demand for honesty and efficiency in government is leading to the +reform of this system. In order to reduce the length of the ballot, +the appointive power of the mayor is being increased. In the interests +of economy and responsibility the administrative offices are in many +cities being consolidated, coördinated and centralized under the +mayor. To guard against the abuse of financial power there is in many +commonwealths a tendency for state constitutions and statutes to limit +the debt-incurring and franchise-granting powers of city councils. + +461. MUNICIPAL REFORM: THE COMMISSION PLAN.--In September, 1900, a +tidal wave seriously demoralized the mayor-council form of government +in Galveston, Texas. To meet the emergency, the state legislature +authorized the establishment of a new type of government, known as the +commission plan. Instead of selecting a mayor and councilmen, the +voters of Galveston now choose a commission of five officials. All of +these commissioners are equal in power, except that one presides as +mayor-president. The commission form of government spread rapidly, +chiefly among the smaller cities, until in 1921 there were more than +300 municipalities governed under this plan. In every case the +commission has both legislative and executive powers. Collectively the +commissioners act as a legislative body for the city, individually +they head the various administrative departments. + +A number of important advantages are claimed for the commission form +of city government. Responsibility is no longer divided among mayor +and councilmen, but can be definitely placed upon the small group of +commissioners. It is believed by many that commission government +allows a greater harmony of action than is possible under the mayor- +council plan. Finally, it is declared, a group of five or seven +commissioners can administer city government with more efficiency than +can a mayor and a numerous council. + +The opponents of commission government maintain, on the other hand, +that the plan is undemocratic and oligarchical because it centralizes +great power in the hands of a small group. The plan is said to +increase the danger of corruption, since appropriating and spending +powers are placed in the same hands. The opponents of this form of +government also maintain that it renders easier the corruption of the +city administration, since party bosses may easily gain control of a +few commissioners. A final, and perhaps the most serious, objection is +that commission government does not go to the logical conclusion in +concentrating responsibility. There is no head to the administration, +and no way of preventing the diffusion of responsibility among the +commissioners. Jealousy among the commissioners has often led to +friction and to working at cross-purposes. [Footnote: Of recent years +a number of cities have abandoned commission government for either the +mayor-council or the city manager plan.] + +462. MUNICIPAL REFORM: THE CITY MANAGER PLAN.--A recent modification +of commission government is the city manager plan. This provides for a +small elective commission, which does not itself administer the +government of the city, but which chooses, instead, an experienced +executive or city manager. The city manager is supposed to be a non- +partisan expert whose duty it is to administer the city in accordance +with business principles. As the agent of the commission choosing him, +the city manager enforces all ordinances, prepares annual estimates, +and appoints all other city officials and employees. He also accepts +full responsibility for the administration of the city's affairs. + +The first city to apply the city manager plan was Dayton, Ohio, which +began the experiment on January 1, 1914. Since that date the plan, or +some variation of it, has been established in about a hundred cities. +The city manager plan is an improvement over the commission plan, in +that it allows a greater concentration of responsibility. Another +advantage over commission government is that the city manager plan +insures a high grade of professional skill at the apex of the city's +administration. The plan appears to work well in the smaller cities, +provided a high grade manager can be found, and provided, also, that +his position can be safeguarded against corrupting political +influences. + + +QUESTIONS ON THE TEXT + +1. What four questions are discussed in this chapter? + +2. Why are American legislatures overwhelmed with work? + +3. What are the merits and defects of the committee system? + +4. What is log-rolling, and why is it objectionable? + +5. What is the purpose of the legislative bureau? + +6. What is the function of the expert bill drafter? + +7. What are the chief defects of state administration? + +8. What has been done to correct these defects? + +9. Discuss the movement toward a national budget. + +10. What are the three forms of budget making in state government? + +11. What is the mayor-council plan, and what changes are being brought +about in it? + +12. What is the commission plan of city government? How did it arise? +What can be said for and against it? + +13. Compare the commission plan with the city manager plan. + +14. What is the chief merit of the city manager plan? + + +Required Readings + +1. Williamson, _Readings in American Democracy_, chapter xxxvi. + +Or all of the following: + +2. Bryce, _The American Commonwealth_, vol. i, chapter xlv. + +3. Munro, _The Government of the United States_, chapter xxxi. + +4. Reed, _Form and Functions of American Government_, chapter xli. + +5. Illinois Efficiency and Economy Committee, Report, 1915, pages 18- +24 and 74-77. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What are the chief defects of state government in general? (Bryce, +page 556.) + +2. What is a book of estimates? (Reed, page 483.) + +3. Describe the procedure in Congress with regard to appropriation +bills. (Reed, page 484.) + +4. How are provisions against special legislation evaded in some +states? (Bryce, page 559.) + +5. Enumerate and briefly characterize the chief administrative offices +in the various states. (Munro, pages 447-457.) + +6. What are the two distinctive features of state administration? +(Munro, pages 457-458.) + +7. What are the chief defects of state administration? (Illinois +Report, pages 18-24.) + +8. Summarize the advantages of a reorganized and consolidated state +administration. (Illinois Report, pages 74-77.) + +9. What is the purpose of a "state auditing" system? (Reed, page 489.) + +10. Explain the need for uniform accounts for cities and counties? +(Reed, pages 491-492.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Interview any citizen of your community who has served in the state +legislature. Ask for his personal opinion concerning the amount of +legislative business to be transacted, the workings of the committee +system, and the practice of log-rolling. + +2. Status of the expert bill-drafter and the legislative reference +bureau in your state. If these devices have not been adopted, +interview or write to a member of the state legislature concerning his +opinion of these legislative aids. + +3. The enactment of appropriation bills in your state legislature. + +4. The development of the administrative department in your state. + +5. Make a diagram showing the relations of the various boards and +commissions embraced in the administrative department of your state. +Point out instances of duplication and lack of coördination. Draw up a +plan for consolidating these boards and commissions. + +6. The budget in your state. + +7. Form of government in your municipality. + + +II + +8. The business of Congress. (McCall, _The Business of Congress_.) + +9. The faults of state legislatures. (Kaye, _Readings in Civil +Government_, pages 282-295.) + +10. The legislative reference bureau. (Reinsch, _Readings on American +State Government_, pages 63-74.) + +11. History of state administration. (Illinois Constitutional +Convention Bulletins, 1920, pages 623-709.) + +12. The reorganization of state government. (Munro, _The Government of +the United States_, chapter xxxvi.) + +13. A National budget. (Cleveland and Buck, _The Budget and +Responsible Government_, chapters xviii-xx.) + +14. State budgets. (Cleveland and Buck, _The Budget and Responsible +Government_, part iii; Munro, _The Government of the United States_, +pages 466-469.) + +15. Revenues and expenditures of cities. (Beard, _American City +Government_, chapter v.) + +16. Home rule for cities. (Beard, _American City Government_, chapter +ii.) + +17. The mayor-council plan. (Munro, _The Government of American +Cities_, chapters viii and ix.) + +18. The commission plan of city government. (Munro, _The Government of +American Cities_, chapter xii; Massachusetts Constitutional Convention +Bulletins.) + +19. The city manager plan. (Munro, _The Government of American +Cities_, chapter xv; Massachusetts Constitutional Convention +Bulletins.) + +20. The civil service as a career. (Foltz, _The Federal Civil Service +as a Career_.) + + +FOR CLASSROOM DISCUSSION + +21. Would shortening the length of the legislative session improve the +quality of legislation? (See Bryce, _The American Common-wealth_, vol. +i, chapter xlv.) + +22. Should there be a limit to the number of bills which a legislator +may introduce? + +23. Methods of coördinating committees in your state legislature. + +24. Advantages and disadvantages of the commission form of government. +(See the Debaters' Handbook Series.) + +25. Advantages and disadvantages of the city manager plan. (See the +Debaters' Handbook Series.) + + + + +CHAPTER XXXVII + +THE EXTENSION OF POPULAR CONTROL + + +463. BASIS OF POPULAR CONTROL.--The fact that our government is a +representative democracy entitles the voters to choose, direct, and +control the public officials who act for the people at large. We have +discussed a few of the methods whereby the nomination and election +machinery might be improved; we must now go a step further and examine +the means by which officeholders may be controlled. + +Supposedly, officials are chosen because the people believe them able +and willing to discharge public duties with honesty and efficiency. +But after officials have taken office it may develop that they have +secured their positions by unfair means, or that they are dishonest, +or that they are inefficient or otherwise unsatisfactory. Wherever it +develops that officeholders no longer meet with the approval of the +people, truly representative government is impossible unless some +method of effective popular control is found. + + +A. INDIRECT METHODS OF CONTROL + +464. REFUSAL TO REËLECT.--If the voters are dissatisfied with the +conduct of their representatives, they may express their disapproval +by refusing to reëlect those representatives. This effects a measure +of control, even though it is negative and not immediate. + +465. REMOVAL BY THE APPOINTIVE AUTHORITY.--If satisfaction is not +rendered by subordinate administrative officials who have secured +office through appointment, such officials may be removed from office +by the authority appointing them. The power of the President, +Governor, or mayor to appoint generally carries with it the power +to remove from office. Such removal may be on the initiative of the +appointing authority, or it may be in response to a popular demand. +From the standpoint of the voters at large, however, this method of +removal is indirect and often ineffective. + +466. IMPEACHMENT.--Unsatisfactory officials are sometimes removed by +the impeachment process. In the various states either a part or the +whole of the legislature may sit as a court of impeachment for the +trial of certain important officials accused of serious crime. In the +National government the House of Representatives may initiate +impeachment proceedings against the President, Vice-President, and all +other civil officers of the United States. In such cases the Senate +acts as a court of trial. + +Yet as a method of popular control impeachment is unsatisfactory. It +is indirect, since a part or the whole of the legislature acts for the +people. It is slow and cumbersome. It does not extend over the entire +list of public officials, nor over the entire range of offenses. + +467. CONTROL THROUGH THE AMENDING PROCESS.--The powers and duties of +public officials may be partially controlled through the formal +amending process. In all states except New Hampshire the constitution +may be amended through legislative action, subsequently ratified by +popular vote. About two thirds of the states also provide for +amendment by a constitutional convention composed of delegates elected +by the voters. In a number of states, as we shall see a little later, +constitutional amendment may also be secured by means of the +Initiative and Referendum. + +The Federal Constitution may be formally amended in four different +ways. The two most important methods are, first, by a two-thirds vote +in each house of Congress, and second, by a convention called by +Congress upon application of the legislatures of two thirds of the +states. In either case the amendment must be ratified by the +legislatures of three fourths of the states. + +The formal amending process is an important part of our governmental +machinery, but as a method of popular control it is open to a number +of criticisms. It is slow. It is indirect, for the people must rely +chiefly upon their legislatures. Constitutional amendment cannot +remedy all of the abuses of office. Furthermore, it is too drastic and +far-reaching a remedy for many of the minor abuses of office. + + +B. DIRECT METHODS or CONTROL + +468. THE INITIATIVE.--In more than a third of the states popular +discontent with the state legislature, together with the growing self- +confidence of the voters, has led to the adoption of the Initiative. +The Initiative is a device whereby any person or group of persons may +draft a statute, and, on securing the signatures of a certain +percentage of the voters, compel the state officials to submit the +measure to popular vote. If at this voting the measure secures the +required popular approval, it becomes law. + +When the measure is submitted to the voters directly after the +fulfilment of the petition requirements, the device is known as the +Direct Initiative. When, after passing the petition stage, the measure +goes to the legislature and does not come before the people at the +polls unless the legislature fails to accept it, the device is known +as the Indirect Initiative. In a dozen states, chiefly in the West, +the Initiative is also used to propose amendments to the state +constitution. + +469. THE REFERENDUM.--Early in our national history, it became an +established principle that proposed constitutions or constitutional +amendments should be referred to the voters for ratification. Of +recent years about a third of the states, chiefly in the West, have +extended the referendum device to cover ordinary legislation. This +type of referendum may be defined as a plan whereby a small percentage +of the voters may demand that practically any statute passed by the +legislature must be submitted to the voters and approved by a +specified majority before going into effect. [Footnote: A few types of +laws are not subject to the Referendum.] + +The Referendum is variously applied. In the Compulsory Referendum, +which is the most common form, a measure must be submitted to the +people whenever a designated number of voters petition that this step +be taken. The Optional Referendum allows the state legislature to +decide whether or not an enacted measure should be submitted to the +people. The Statutory Referendum applies only to proposed statutes, +while the Constitutional Referendum is limited to proposed amendments +to the state constitution. + +470. DIRECT LEGISLATION.--The Initiative and the Referendum are found +together in more than a dozen states. The two devices are +supplementary: the Initiative is a positive instrument which may be +used to set the wheels of direct legislation in motion; the Referendum +is a negative measure which gives the people a potential veto on laws +passed by the legislature. The Initiative and the Referendum are known +collectively as Direct Legislation, that is, legislation directly by +the people, as opposed to legislation enacted entirely through the +legislature. + +471. ADVANTAGES CLAIMED FOR DIRECT LEGISLATION.--Important advantages +are claimed for Direct Legislation. It is declared that the Initiative +and Referendum keep lawmaking from being dominated by special +interests. Because it constitutes a check upon constitutional +conventions and state legislatures, Direct Legislation is said to make +government more truly responsive to public opinion. It is claimed that +Direct Legislation does not supplant, but rather supplements, +improves, and renders more democratic, the formal legislative +machinery. In several states, and especially in Oregon, it is claimed +that the device stimulates political interest on the part of the +voters. In Oregon the authorities print a pamphlet containing a +statement of proposed laws, and summarizing the arguments of both +advocates and opponents of each measure. Some weeks before the measure +is to be decided at the polls this pamphlet is sent at public expense +to every registered voter in the state. + +472. OBJECTIVES URGED AGAINST DIRECT LEGISLATION.--Critics of the +Initiative and the Referendum maintain that Direct Legislation has +many serious defects. It is declared that by breaking down and +weakening the state legislature, this type of legislation threatens +the integrity of the framework of government established by the state +constitution. It is pointed out that Direct Legislation shifts +lawmaking from a definite group (the state legislature), to a large +and indefinite group of persons (the voters as a class), upon whom +responsibility cannot be fixed. By robbing the legislature of power +and responsibility, the Initiative and Referendum are said to degrade +rather than to improve that body: the best class of men is not +attracted to a legislature which has been shorn of dignity and +influence, and if the people rely upon the Initiative and Referendum, +the voters deem it less necessary to choose honest, capable +legislators. + +It is also maintained that the Initiative and Referendum do not +promote independence of political thought, since only a mechanical +"Yes" or "No" is demanded of the voters. In all states where Direct +Legislation is applied, it is said, so few persons actually vote that +legislation is really determined by a small minority of the voters. +Again, the ease with which the Initiative and Referendum may be set in +motion allows so many measures to be brought before the people that +they cannot vote upon them intelligently. It is also said that Direct +Legislation is primarily the instrument of the propagandist, because +in many cases cranks and professional agitators monopolize the +privilege of circulating petitions. + +A serious defect of Direct Legislation is that the drafting of many +laws requires detailed and technical information which the average +voter is in no position to secure. In several states, notably in +Maine, the recognition of this difficulty has led to the adoption of a +modified Initiative. According to this plan, the state legislature may +examine any measure proposed by the voters, enact an alternative +measure of its own, and submit both to popular approval. The voters +decide between the two. The difficulty with this plan is that it is +not only expensive, but that by doubling the number of measures to be +weighed and studied it imposes an added burden upon the voter at the +polls. + +473. THE RECALL.--The Recall is a device whereby certain elective +officials who have not given satisfaction in office may be required to +stand for reëelection before the end of their terms. The Recall is set +in motion when a petition has been duly signed by a specified +percentage of the voters, usually at least twenty-five per cent. The +Recall cannot be employed until the official in question has been in +office a specified period, so that he shall have had an opportunity to +give satisfaction before being subject to recall. Accused officials +may forestall the Recall by resigning when a petition is launched +against them, otherwise they must stand for reëlection. The ballot +which goes to the people contains, in brief, the objections to the +official, and, in some states, also the reply of the accused +officeholder. If defeated at the polls the accused official must +retire from office; if vindicated, he continues in office during the +remainder of his term. + +The principle of the Recall was recognized in American state +government before the end of the eighteenth century, but in its +present application it is much younger. In its modern form the Recall +was first used in 1903, when the city of Los Angeles applied it to +elective municipal officials. Five years later Oregon adopted it for +all state officers, and since 1908 it has spread to a number of other +states, most of them in the western part of the country. The Recall +has been used chiefly against city officials, though in several states +it may be applied to a majority of both local and state officials. In +Oregon, California, Arizona, Colorado, and Nevada, the Recall may also +be used against judges. + +474. ARGUMENTS FOR THE RECALL.--Those favoring the Recall maintain +that it is the natural and legitimate expression of the right to +remove unsatisfactory officials. It is pointed out that the Recall +permits longer terms for elective officials, for if the voters know +that they can use the Recall to remove officials who prove +unsatisfactory, they will feel safe in electing those officials for +relatively long terms. By reducing the number of elections, the device +lightens the burdens of the voter. The Recall is said to be a +wholesome reminder of preëlection promises. It is also maintained that +since the Recall is a threat, it encourages officeholders to be honest +and efficient. + +475. OBJECTIONS URGED AGAINST THE RECALL.--In answer to the above +arguments, the opponents of the Recall claim that the device +encourages officials to curry popular favor, regardless of public +duty. It may also place officials at the mercy of popular passion and +caprice. When it is applied to judges, the Recall threatens the +integrity and independence of a branch of government which ought to be +removed from popular clamor and prejudice. This last is a serious +objection, for it may happen that judges subject to the Recall will +hesitate to hand down decisions that may prove unpopular, however just +those decisions may be. For this reason the extension of the Recall to +judges is being strongly resisted. Even the most ardent advocates of +the device are beginning to admit that the Recall is more applicable +to administrative officials than to judges. + +476. STATUS OF THE RECALL.--A satisfactory decision upon the merits of +the Recall is difficult because it is so recent a development and +still so little used that few data are available. The state-wide +Recall has been in existence for a number of years, yet few state +officials have been removed by it. Los Angeles used the Recall to +unseat the mayor in 1904 and in 1909, and in 1911 the device was used +against the mayor of Seattle. But the Recall is primarily a threat, +and is rarely used. In view of this fact, the arguments for and +against the device rest upon theory rather than upon actual +experience. The Recall has great possibilities for good if wisely +administered, but it may become an evil influence if carelessly or +revengefully used. + +477. SIGNIFICANCE OF POPULAR CONTROL.--The development of the +Initiative, the Referendum, and the Recall indicates a growing +impatience with the abuses of party power, the evils of the long +ballot, and the corruption and inefficiency of many legislative +bodies. It is significant that direct popular control has accompanied +the widespread movement to reform municipal government, and that it is +playing an increasingly important part in the movement to reform state +administration. + +Up to the present time, the Initiative, the Referendum, and the Recall +have been confined chiefly to the West, where political problems are +less acute than in the East, and where, too, the tendency toward +direct participation in government has always been marked. +Nevertheless, there is some indication that the future will see an +extension of direct popular control, not only in the West, but also in +other parts of the country. Whether or not this extension is desirable +we cannot now say. But certainly it is an interesting and important +development, and one demanding careful study and mature deliberation +on the part of those who seek to make American government highly +effective. + + +QUESTIONS ON THE TEXT + +1. What is the basis of popular control? + +2. Name several methods of indirect control, and point out the +objections to each. + +3. What is the Initiative? + +4. Distinguish between the Direct and the Indirect Initiative. + +5. What is the Referendum? + +6. What is the extent of the Referendum in this country? + +7. What is Direct Legislation? + +8. Summarize the arguments in favor of Direct Legislation. + +9. What objections are urged against Direct Legislation? + +10. What is the Recall? + +11. To what extent has the Recall been adopted in this country? + +12. What arguments are used to justify the use of the Recall? + +13. What are the chief objections to the Recall? + +14. What is the present status of the Recall? + +15. What is the significance of direct popular control? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxxvii. + +Or all of the following: + +2. Beard, _American Government and Politics_, chapter xxiii. + +3. Massachusetts Constitutional Convention Bulletins (1917), No. 6. + +4. Munro, _The Government of the United States_, chapter xxv. + +5. Lowell, _Public Opinion and Popular Government_, chapters xiii, +xiv, and xv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Summarize the principles underlying the Initiative and Referendum. +(Beard, pages 469-471.) + +2. Name some states in which the Initiative and the Referendum have +been established. (Beard, page 463.) + +3. Describe the workings of the Initiative. (Munro, page 506.) + +4. Describe the workings of the Referendum. (Munro, pages 507-508.) + +5. To what extent has there been an attempt to apply the Initiative +and Referendum to national legislation? (Beard, pages 465-466.) + +6. In what ways does Direct Legislation establish a system of minority +rule? (Munro, page 515.) + +7. To what extent does Direct Legislation delay law-making? (Lowell, +pages 226-228.) + +8. What is the nature of the laws enacted by the Initiative? (Lowell, +pages 205-206.) + +9. What has been the attitude of the courts toward the Initiative and +Referendum? (Massachusetts Bulletin, pages 41-43.) + +10. Enumerate the forms of the Recall. (Beard, pages 472-473.) + +11. What part did the Recall play in early American history? (Munro, +page 516.) + +12. Describe the Recall election. (Munro, page 520.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. The proportion of the public officials of your municipality who may +be removed by an appointing authority. + +2. Impeachment in your state. (Consult the state constitution.) + +3. Extent to which the constitution of your state has been amended. + +4. The Initiative in your state. + +5. The Referendum in your state. + +6. Extent to which the Initiative and the Referendum are found +together in your state. + +7. The Recall in your state. If this device has not been adopted in +your state, find out whether or not its adoption is being agitated. + + +II + +8. Development of Direct Legislation in the United States. (Munro, +_The Initiative, Referendum and Recall_, chapter iv.) + +9. Representative versus Direct Legislation. (Munro, _The Initiative, +Referendum and Recall_, chapters vii and viii.) + +10. The Initiative and Referendum in Oregon. (Kaye, _Readings in Civil +Government_, pages 295-303; Munro, _The Initiative, Referendum and +Recall_, chapters ix and x.) + +11. The Initiative in Switzerland. (_Annals_, vol. xliii, pages 110- +145.) + +12. The Referendum in Switzerland. (_Annals_, vol. xliii, pages 110- +145; Lowell, _Public Opinion and Popular Government_, chapter xii.) + +13. Development of the Recall. (Munro, _The Initiative, Referendum and +Recall_, chapter xii.) + +14. The Recall in Los Angeles. (Munro, _The Initiative, Referendum and +Recall_, chapter xiv.) + +15. The Recall in Oregon. (Munro, _The Initiative, Referendum and +Recall_, chapter xi.) + +16. The Recall in Seattle. (Munro, _The Initiative, Referendum and +Recall_, chapter xv.) + +17. The Recall in Switzerland. (_Annals_, vol. xliii, pages 110-145.) + +18. The Judicial Recall. (_Annals_, vol. xliii, part iii.) + +19. Judicial decisions relating to the Initiative, Referendum and +Recall. (Beard and Schultz, _Documents on the State-wide Initiative, +Referendum and Recall_, chapters xxxi-xxxvi.) + + +FOR CLASSROOM DISCUSSION + +20. Should the Initiative and Referendum be applied to National +legislation? + +21. Do the Initiative and Referendum increase the burden upon the +voter? + +22. The effect of the Initiative and Referendum upon the character of +the state legislature. + +23. Should the Recall be applied to judges? + +24. Merits and defects of such forms of direct popular control as +exist in your state. + +25. Future development of direct popular control in the United States. + + + + +CHAPTER XXXVIII + +PUBLIC OPINION + + +478. THE NATURE OF PUBLIC OPINION.--One of the most powerful +influences in any community is that intangible something which we call +Public Opinion. Though everyone is familiar with it, the term Public +Opinion is difficult to define. Public Opinion is intimately connected +with the opinion of the individual, and yet is something more than a +mere total of individual opinions. + +Every man has a set of opinions or beliefs which are characteristic of +his native instincts, his home training, and other influences which +have helped mould his personality. Wherever individuals associate, the +opinions of each person affect and are affected by the opinions of his +fellows. As the result of this interaction we think of public opinion +as being made up of a number of different currents, each embodying a +view, a belief, or a doctrine. Where many individuals support a given +view with moderate intensity, or where a small group feels very +intensely upon a given topic, we say that Public Opinion has formed. + +Public Opinion may be defined as a definite focus of individual +opinions which are either numerous or intense enough to constitute a +recognizable force, and to exert a noticeable influence upon the life +of the community. + +479. PUBLIC OPINION AND LAW.--It is characteristic of the human mind +that we perceive concrete and tangible things more easily than we +understand abstract and intangible forces. Law is a definite, +concrete, almost tangible thing; we perceive its outlines, recognize +its various forms, and understand its nature and significance. But it +is less easy to understand that law may be only a symptom of Public +Opinion, only the concrete expression of intangible community +sentiment. There is an interaction between law and Public Opinion, but +the latter is the more fundamental and the more powerful. Public +Opinion which is vigorous and well-organized may force the enactment +of law; on the other hand, a law which runs counter to the prevailing +state of Public Opinion may cease to be effective, because individuals +will not coöperate in enforcing it. Law half leads, half follows +Public Opinion, and when legislators are skilled in discerning and +influencing the mental attitudes of the people, law and Public Opinion +pretty well keep pace with one another. + +480. PUBLIC OPINION IN A DEMOCRACY.--The beliefs and opinions of the +masses have been an important force even in the most absolute of +monarchies; in representative democracies Public Opinion is even more +important. Under a democratic form of government the attitude of the +masses tends to be one of inquiry, self-confidence, and self- +expression upon public questions. Lord Bryce has pointed out that +because democracy permits and encourages freedom of discussion, Public +Opinion in a country like the United States becomes much more powerful +than in less democratic countries. + +And not only is Public Opinion more powerful in a democracy, but +democracy is impossible without the regular exercise of a well- +informed and sensible opinion by the majority of its citizens. +Democracy emphasizes government _by_ the people rather than government +_of_ the people. Thus if genuine democracy is to be developed and +sustained, the people must cultivate an attitude of constant vigilance +against civic indifference. Nominations and elections are focal +periods in government, but government is a continuous obligation which +requires constant rather than intermittent attention. Where civic +interest is neither strong nor consistent, the virtues of democracy +may be diffused in blind and leaderless wanderings. + +481. DEVELOPMENT OF PUBLIC OPINION.--Even though never definitely +focused or expressed, the vague beliefs, fancies, and prejudices of +individuals may influence public affairs by causing community leaders +to feel that "the people" will or will not tolerate a contemplated +line of action. + +But the influence exerted will be much greater if the opinions of the +individual are definite, and if there is some method of clarifying, +coördinating and expressing the opinions of groups of individuals upon +a given subject. If the opinions of the individual are to be definite +and concrete, he must habitually come in contact with forceful persons +and institutions; if the opinions of various individuals are to be +coördinated and expressed there must be either physical contiguity +among people, or else adequate means of transportation and +communication. + +We may now consider a few of the forces which serve to make definite +and to organize the opinions of individuals. + +482. THE HOME.--Certainly no institution exerts a more powerful +influence upon the beliefs and opinions of the individual than the +home. Our basic ideals and traditions pass from generation to +generation through the continuity of the family life. During the +plastic and impressionable period of infancy the child is constantly +under the influence of the parents. At first fashioned largely by the +parents, the beliefs and sentiments of the growing child are later +modified by contact with other family members. When children go out to +the school, the church or the workshop, beliefs and attitudes +encountered outside the home are weighed in the light of family +teachings. When young men and young women make homes of their own, +they in turn imprint upon their children a complex of tradition and +opinion which is the compromise result of their own family training, +modified by influences later encountered outside the family circle. + +483. THE SCHOOL.--Supplementing, and in some respects supplanting, the +influence of the home is the influence of the school. While still in +the plastic stage the child is given over to the moulding influences +of teacher and fellow-students. New contacts are made, new opinions +are encountered, new avenues of thought and action are opened to the +young and growing mind. Of recent years the tendency of the school to +identify itself more closely with the practical life of the community +is increasing the power and influence of that institution. The school +is proving a genuine means of transition between the relatively +localized influence of the home and the more widely diffused +influences of the community. + +484. THE CHURCH.--Closely related to the school as a determinant of +opinion is the church. In the early stages of social development the +home was equally the center of intellectual and religious life, but in +recent times the church and the school have become separate, though +related, institutions. The child spends more time in school than in +the company of religious instructors other than his parents, but +affiliation with the church often continues throughout the life of the +individual, while the average child leaves school at a relatively +early age. From the standpoint of Public Opinion, the primary +importance of the church is that it exerts a powerful influence upon +the ideals and conduct of both young and old. And as in the case of +the school, this influence is being deepened by the increasingly close +connection between the church and the practical life of the community. + +485. THE THEATER.--The theatre has always been a vital influence in +man's aesthetic and emotional life. Drama, opera, comedy, and +burlesque are variant forms, but they are alike in that they influence +the audience. In the last decade the moving picture has greatly +increased the power and influence of the theatre. The low price of the +moving picture brings the theatre to millions who formerly were +excluded from any appreciable degree of theatrical entertainment. The +daily moving picture attendance of ten million people, the stimulating +effect of music, the strong emotional appeal, the tender age of many +of the audience, and the growing use of the moving picture as +propaganda, all combine to make the film a powerful factor in the +formation of Public Opinion. + +486. THE PRESS.--The press is the nervous system of the nation. +Supplemented by other means of communication, and aided by agencies of +transportation, the press coördinates individuals not physically +contiguous, and thus enables them to act in concert. It lets everybody +know what everybody else is thinking, or at least what they are +supposed to be thinking. The forms of the printed page are infinitely +various: daily papers, weeklies, monthlies, pamphlets, and books,--all +of these are increasingly numerous. Statesmen, teachers, reformers, +propagandists, and professional writers combine to turn out tons of +printed matter a day. Pictures, jokes, contests, and stories are +resorted to for the purpose of attracting attention. Editorials, +advertisements, and news articles are among the vehicles of expression +used. Printed matter does not wait for the individual to seek it out, +but instead it goes to him. In various forms it encounters him in the +street, stares at him from shop windows and billboards, forces itself +upon his attention in the street cars, and knocks at the door of his +private dwelling. In all its forms, it should be remembered, the +dominant aim of the printed page is to influence the individual, to +cause him to do something or to refrain from doing something. + +487. GROWING IMPORTANCE OF PUBLIC OPINION.--Despite the volume of +European immigration to this country, American ideals and institutions +are rendering our population more and more homogeneous, and thus more +open to unifying influences. The increasing ease of transportation and +communication is everywhere making isolation more difficult. Not only +are the school, the church, the press, and the theatre widening in +scope and increasing in influence, but new forms of expression are +developing. There is a growing number of private organizations +advocating social, economic, or political reforms. The popularization +of psychology has encouraged the rise of innumerable forms of +propaganda designed to influence the opinions of the community and +nation. Occupational and social groups are everywhere organizing, +clarifying their opinions, and expressing common principles in the +effort to influence the public mind. All of these factors combine to +increase the importance of Public Opinion in present-day American +life. + +488. DANGERS OF UNREGULATED PUBLIC OPINION.--The growing power of +Public Opinion brings with it increased possibilities for good, but +also increased possibilities for evil. In an important sense, this is +the age of the propagandist, the crank reformer, and the subsidized +newspaper, the age of the agitator who spreads lies through anonymous +letters, unsigned posters, and irresponsible whisperings. The +individual must be constantly on his guard against this flood; he must +recognize that Public Opinion is often capricious, and that a sudden +hysteria may inflict untold injury. The morality of a mob is inferior +to the morality of the individuals composing the mob, because in a mob +the sense of power is dominant and the sense of responsibility is +suppressed. Properly speaking a mob depends upon physical contiguity, +but the coördinating influence of rapid transportation and +communication may create a mob spirit between individuals not +physically in contact. When propaganda lashes into a passion groups of +people in widely separated areas, democracy becomes the most dangerous +of all forms of government: there is no sure hand upon the helm, the +people control _en masse_, in a burst of passion they may lay waste +the social heritage of centuries. + +489. FREEDOM A PARTIAL SAFEGUARD AGAINST UNSOUND PUBLIC OPINION.-- +While democracy facilitates the creation of the mob spirit, it +likewise carries within itself at least a partial remedy for unsound +Public Opinion. Men's opinions are infinitely various: the same +community that produces the fanatic or the impractical idealist +generally produces sensible and practical men as well. In politics men +everywhere tend to divide into a radical group and a conservative +group, between which control of the government oscillates. + +Where freedom of expression is permitted, the existence of these two +antagonistic camps is automatically a safeguard of the public welfare. +Any one of a number of groups of people might ruin the country if left +to themselves. But they are _not_ left to themselves. Their opponents +are constantly criticizing and checking them. When cranks launch +propaganda, conservative critics launch counter-propaganda; when +special interests attempt to influence the public mind, public- +spirited individuals or organizations force both sides of the question +before the public. When public officials neglect their duties, a +thousand discerning men are ready to shout the fact from the +housetops. Though the majority party secures control of government, +the minority is never idle. Rather, it is constantly watching, +waiting, marshaling opinion against the majority, calling public +attention to the mistakes of their opponents, and agitating for a +change of administration. + +490. THE GUIDANCE OF PUBLIC OPINION.--Let us briefly consider the +question of guiding or directing the formulation of sound Public +Opinion. In a free country, such guidance may sometimes prove +dangerous, and yet careful direction of the formulation of Public +Opinion is justified by two facts: First, the formulation of sound +opinion is retarded by the great difficulty of securing adequate +information on the great problems of modern civilization. Here the +individual needs some help. Second, everyone who can distinguish +between license and liberty must agree that we should limit the +influence of individuals and institutions which suppress minority +opinion, and distort facts in the effort to pervert Public Opinion. + +These considerations suggest two distinct lines of action. + +First, we can aid in the formulation of sound opinion by making it +easier for the individual to secure data and information on current +topics. The extension and perfection of the postal service, the +improvement of our system of transportation, the spread of the school +and library, and possibly the free distribution of literature dealing +with the nature and functions of government, these and similar +measures would prove helpful. + +Second, law and moral education ought to coöperate in suppressing +influences which seek deliberately to poison or pervert the public +mind. Free speech is a priceless element in democracy, but just as we +must harmonize individual liberty with the interests of the group, so +we must prevent the use of free speech for criminal purposes. +Especially ought the press and the school to be encouraged to give +both sides of debatable questions. Every agency dealing with the +issues of American life, indeed, ought to be careful not to distort +those issues by suppressing or misusing facts. Above all, we must be +careful not to pander to low ideals by emphasizing the negative and +destructive side of our problems. + +491. RESPONSIBILITY OF THE INDIVIDUAL.--A progressive civilization +confers more and more benefits upon the individual, but his duties and +responsibilities increase with equal speed. As Theodore Roosevelt once +said, "It is not difficult to be virtuous in a cloistered and negative +way," but honestly and effectively to fulfill the obligations of +citizenship in a complex society is less easy. And yet the need of +individual responsibility is infinitely greater in a modern community +than among the members of an isolated and self-sufficient group. When +small isolated villages were the dominant form of American settlement, +the laxness of one group did not vitally affect the welfare of other +groups. But so entwined are the present-day citizens of the United +States that the acts of one individual may vitally affect the national +well-being. The carelessness of a food canner on the Pacific coast may +cost the life of a family on the Atlantic seaboard; a swindle +originating in the East may demoralize individuals throughout the +country. The obligations of citizenship have become national as well +as local; in thought and in action the individual must function, not +only in terms of his locality, but in terms of the nation as well. + +492. THE POWER OF THE INDIVIDUAL.--Measuring himself against more than +a hundred million of his fellows, the average American citizen is +likely to be overpowered by the apparent futility and powerlessness of +his personal opinions. And yet the power of the nation is only the +result of the combined influences of its individual citizens. All +power is with the individual. However much the absolute monarchy may +have suppressed the individual, in a democracy he can become a vital +force in government. We are too fond of taking censuses on the one +hand, and of deferring to governmental mechanisms on the other. The +individual _is_ master of his fate, and he _is_ the ultimate +determinant of government. If government is sound, the misbehavior of +the individual can ruin it; if government is defective, the assumption +of responsibility by the individual must ultimately reform it. We do +not need a fool-proof government half as much as we need active, +responsible individuals to run the government we already have. "How +long will American democracy last?" a European statesman once asked. +"Just so long," the answer might have been, "as Americans honestly and +intelligently grapple with the problems confronting them, holding +themselves individually responsible for the conduct of government, and +seeking consistently to exert an influence upon their community life +which shall be constructive and inspirational." + + +QUESTIONS ON THE TEXT + +1. Define Public Opinion. + +2. What is the relation of Public Opinion to law? + +3. What is the importance of Public Opinion in a democracy? + +4. Why should the opinions of individuals be clarified and organized? + +5. Describe the importance of home life in this regard. + +6. How does the school affect the opinions of individuals? + +7. What is the significance of the church with regard to Public +Opinion? + +8. What is the effect of the theatre upon Public Opinion? + +9. Explain clearly the relation of the press to Public Opinion. + +10. What are the dangers of unregulated Public Opinion? + +11. In what way is freedom a safeguard against unsound Public Opinion? + +12. What two facts justify the guidance of Public Opinion? + +13. Discuss the relation of Public Opinion to the individual. + +14. What can be said as to the power of the individual? + + +REQUIRED READINGS + +1. Williamson, _Readings in American Democracy_, chapter xxxviii. + +Or all of the following: + +2. Brewer, _American Citizenship_, chapter v. + +3. Bryce, _Modern Democracies_, vol. i, chapter xv; vol. ii, chapter +xliv. + +4. Lowell, _Popular Government and Public Opinion_, chapter iii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the relation of homogeneity of population to Public +Opinion? (Lowell, pages 34-35.) + +2. Why must the minority be free to express its dissent? (Lowell, +pages 36-37.) + +3. How is the drift of Public Opinion to be determined? (Bryce, vol. +i, pages 155-156.) + +4. What is the relation of Public Opinion to voting? (Bryce, vol. i, +pages 159-161.) + +5. Compare Public Opinion in the United States with Public Opinion in +other countries. (Bryce, vol. ii, pages 112-113.) + +6. Compare the press of the United States with that of Europe. (Bryce, +vol. ii, page 118.) + +7. What is the relation of Public Opinion to local self-government? +(Bryce, vol. ii, pages 115-116.) + +8. What is the relation of Public Opinion to social legislation? +(Bryce. vol. ii, page 126.) + +9. What is the great defect of Public Opinion? (Bryce, vol. i, page +162.) + +10. What is the one great clear purpose in civic life? (Brewer, pages +120-121.) + +11. What qualities must we possess in order to carry out this purpose? +(Brewer, pages 120-121.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a list of some of your beliefs and opinions concerning the +recent World War, and try in each case to trace the origin of each +belief or opinion. + +2. Toward which political party are you inclined? To what extent is +this inclination due to + +(a) the influence of your parents; + +(b) what you have read in the newspapers; + +(c) what you have personally observed? + +3. Make a list of the opinions which you originally acquired in your +home, and which have since been modified by what you have studied in +school. + +4. To what extent are your personal standards of conduct traceable to +what you have seen at the theatre? + +5. List the private organizations in your community which exist for +the purpose of advocating reforms of various kinds. + +6. Make a study of the forms of propaganda utilized in a single copy +of any metropolitan newspaper. + +7. To what extent does your local press give both sides of debatable +questions? + + +II + +8. The nature of Public Opinion. (Lowell, _Public Opinion and Popular +Government_, chapters i and ii.) + +9. Relation of Public Opinion to law. (Forman, _The American +Democracy_, pages 235-238.) + +10. Government by Public Opinion. (Bryce, _The American Commonwealth_, +vol. ii, chapter lxxvii.) + +11. The type of questions to which Public Opinion can apply. (Lowell, +_Public Opinion and Popular Government_, chapter iv.) + +12. The relation of tradition to Public Opinion. (Bryce, _Modern +Democracies_, vol. i, chapter xiii.) + +13. Private associations for the advancement of group interests. +(Young, _The New American Government and its Work_, chapter xxvii.) + +14. Tyranny of the majority. (Bryce, _The American Commonwealth_, vol. +ii, chapters lxxxiv and lxxxv.) + +15. Attitude of the individual in a democracy. (Speare and Norris, +_World War Issues and Ideals_, pages 170-182.) + +16. The obligations of citizenship. (Cleveland, _Organized Democracy_, +chapter viii; Brewer, _American Citizenship_, chapters i-iv.) + +17. The hindrances to good citizenship. (Bryce, _The Hindrances to +Good Citizenship_.) + +18. Leadership in a democracy. (Bryce, _Modern Democracies_, vol. ii, +chapter lxxvi.) + +19. Relation between freedom and responsibility. (Hadley, _The +Relation between Freedom and Responsibility in the Evolution of +Democratic Government_.) + +20. The influence of ideals upon civic conduct. (Adams, _The Power of +Ideals in American History_.) + +21. Wherein Public Opinion fails. (Bryce, _The American Commonwealth_, +vol. ii, chapter lxxxvi.) + +22. Wherein Public Opinion succeeds. (Bryce, _The American +Commonwealth_, vol. ii, chapter lxxxvii.) + + +FOR CLASSROOM DISCUSSION + +23. Suppose the public highways in your locality were in bad +condition. How would you go about it to remedy the situation? + +24. Which has more influence upon the opinions of people, the school +or the press? + +25. Are the Initiative and the Referendum adequate methods of +ascertaining the prevailing state of Public Opinion? + +26. Is freedom of speech an adequate safeguard of the rights of +minorities? + +27. To what extent, if to any, should Federal and state authorities +distribute free literature concerning the nature and functions of +American government? + +28. How might coöperation in the study of civic problems be promoted +in your community? + + + + +PART V--THE MECHANISM OF GOVERNMENT + + +A. THE FEDERAL GOVERNMENT + +CHAPTER XXXIX + +THE FEDERAL SYSTEM OF GOVERNMENT + + +A. BACKGROUND OF THE FEDERAL CONSTITUTION [Footnote: For a fuller +discussion of the background of the Federal Constitution, see Chapters +II and III.] + +493. COLONIAL GOVERNMENTS.--It is possible to classify the American +colonies as charter, royal, and proprietary, and to point out +important differences between these three types. + +But these differences fade in importance before the broad and +fundamental similarities existing among the colonies. Just as there +was among the colonies a substantial unity of race, language, and +religion, so there was a basic similarity in political institutions. +All of the colonies were under relatively the same degree of control +by England, and consequently all of them had much the same degree of +freedom in managing their own affairs. In each colony a governor acted +as chief executive. In each colony, likewise, there was a legislature. +In most of the colonies this legislature consisted of two houses, the +lower of which was elected by the people. Colonial jurisprudence +everywhere grounded upon the common law of England. In each colony +there was a system of courts, largely following English judicial +procedure. In local government there was a good deal of variation +among the colonies, but everywhere the English model was followed, and +everywhere the principle of local autonomy was asserted and +championed. + +494. EARLY ATTEMPTS AT UNION.--These fundamental similarities, +together with the rise of common problems and the pressure of outside +enemies, encouraged federation among the colonies. A notable attempt +at union was made in 1643, when Massachusetts Bay, Plymouth, +Connecticut, and New Haven united in a league of friendship, primarily +for mutual defense against the Indians. This league rendered effective +service during the forty years of its life. In 1754 delegates from +seven colonies met at Albany and adopted a plan of union proposed by +Benjamin Franklin. The project was never carried through, but it is +significant as indicating the trend toward union. Still later (1765) +the Stamp Act Congress showed that the delegates of at least nine +colonies could join in a protest against England's taxation policy. +The two Continental Congresses may also be considered as steps toward +union. The first of these (1774) concerned itself chiefly with a +declaration of rights and grievances, but the second (1775-1781) went +so far as to assume and exercise revolutionary powers. + +495. THE ARTICLES OF CONFEDERATION.--Impelled by the necessity of a +united front against England, the Second Continental Congress sought +to give force to the Declaration of Independence by drawing up a +comprehensive plan of union. This plan, embodied in the Articles of +Confederation, was put into operation on March 1, 1781. The new +government was a confederation or league of states, rather than a +federal government such as we have to-day. The states gave up such +important powers as the right to declare war, and the right to borrow +and coin money, but the Articles specifically declared that "each +state retains its sovereignty, freedom, and independence, and every +power, jurisdiction, and right which is not by this federation +delegated to the United States in Congress assembled." + +The Confederation government was seriously defective. There was no +national executive and no judiciary. All authority was concentrated in +a one-chambered congress, the delegates to which were entirely under +the control of the state legislatures which chose them. The central +government had no real authority or power. Its congress could reach +the individual only through the action of the state governments, and +these it could not coerce. The Confederation government managed to +carry the states through the last two years of the war, and then +declined rapidly in power and influence. The Congress could not force +the states to coöperate with one another in matters of national +interest. The inability of the central government, either to pay the +interest on the national debt or to force the states to observe +treaties which we made with foreign powers, cost us the respect of +Europe. "We were bullied by England," writes John Fiske of this +period, "insulted by France, and looked askance at in Holland." + +The defects of the Articles could not be remedied, for amendment was +by unanimous consent only, and on every occasion that an amendment was +proposed, one or more states refused their assent. By 1786 it was the +conviction of most American statesmen that if the country were to be +saved from anarchy and ruin the central government would have to be +reorganized. + +496. THE CONSTITUTIONAL CONVENTION OF 1787.--In May, 1787, delegates +from every state except Rhode Island came together in Philadelphia to +consider "means necessary to render the Constitution of the Federal +government adequate to the exigencies of the Union." + +Early in the session Edmund Randolph introduced what has been called +the Virginia plan. This called for an abandonment of the Articles of +Confederation and demanded the establishment of a strong national +government. The Virginia plan favored the larger and more populous +states by providing a national Congress of two houses, in both of +which representation was to be on the basis of population. + +Of the several other plans put before the Convention the most notable +was that proposed by William Paterson of New Jersey. The adherents of +this plan wished to retain the Articles of Confederation. The Articles +were to be revised so as to give greater powers to the central +government, but in most practical concerns the states were to continue +sovereign. The New Jersey plan opposed the idea of a two-chambered +legislature in which the states were to be represented on the basis of +population. If representation in both houses of Congress were on the +basis of population, it was declared, the larger and more populous +states would be able to dominate the National government and the +rights of the smaller states would be inadequately safeguarded. + +After a long debate a compromise plan was adopted. It was agreed that +there should be established a strong national government, but one +sufficiently checked by constitutional provisions to safeguard the +rights of the states. The national legislature was to consist of two +houses. In the upper house the states were to be represented equally, +while in the lower chamber representation was to be on the basis of +population. + +497. THE NEW GOVERNMENT.--The Convention completed the Constitution on +September 17, 1787, and the document was immediately placed before the +states. By the summer of 1788 the necessary number of states had +ratified the Constitution, and on April 30, 1789, the new government +was put to work under George Washington as first President. + +The English statesman Gladstone has implied that our Constitution was +an original creation, "struck off at a given time by the brain and +purpose of man." But as a matter of fact the Constitution was not so +much the result of political originality as it was a careful selection +from British and colonial experience. The trial of the Confederation +government had proved especially valuable, and in drawing up the +Federal Constitution, the members of the Constitutional Convention +were careful to avoid the defects of the Articles of Confederation. +The most fundamental difference between the Confederation government +and the new Federal government was that the Federal Constitution +provided for an adequate executive and judiciary to enforce the +Federal laws directly upon the individual. The Confederation +government, it will be remembered, had been obliged to rely upon the +states for the enforcement of all laws. + + +B. FRAMEWORK OF THE FEDERAL GOVERNMENT + +498. THE THEORY OF LIMITED GOVERNMENT.--The new Constitution created a +system of Federal government which retains the advantages of local +self-government for the states, but at the same time secures the +strength which results from union. The government of the United States +is a compromise between centralization and decentralization, the +balance between these two extremes being maintained by a rather +elaborate system of checks, balances, and limitations. + +These checks, balances, and limitations we may consider under five +heads: first, private rights under the Federal Constitution; second, +the threefold division of powers in the Federal government; third, the +division of powers between Federal and state governments; fourth, +interstate relations; and fifth, the supremacy of Federal law. + +499. PRIVATE RIGHTS UNDER THE FEDERAL CONSTITUTION. [Footnote: For the +prohibitions upon the states in favor of private rights, see Chapter +XLV.]--The constitutional limitations upon the Federal government in +behalf of private rights fall into two groups: those designed to +protect personal liberty, [Footnote: Some of the limitations in favor +of personal liberty enumerated in this section are contained in the +first ten amendments to the Constitution, adopted in a body in 1791.] +and those designed to protect property rights. + +In many important particulars the Federal Constitution protects +personal liberty against arbitrary interference on the part of the +National government. Congress may pass no law establishing or +prohibiting any religion, or abridging either freedom of speech or +freedom of the press. The right of the people peaceably to assemble +and petition the government for a redress of grievances shall not be +denied. The privilege of the writ of _habeas corpus_ shall not be +suspended. Congress may not define treason. Neither bills of +attainder, nor _ex-post facto_ legislation may be passed by Congress. +Jury trial, fair bail, and freedom from both excessive fines and cruel +and unusual punishments are guaranteed by the Constitution. Neither +life, liberty nor property may be taken without due process of law. + +The Federal Constitution likewise protects the property rights of the +individual against Federal aggression. The state governments alone may +define property. Congress may not tax articles which are exported from +any state. All direct taxes must be apportioned according to +population. [Footnote: The Sixteenth Amendment exempts the income tax +from this rule.] All duties, imposts, and excises must be uniform, +that is, they must fall upon the same article with the same weight +wherever found. Under the right of eminent domain, the Federal +government may take private property for public use, but in such a +case the owner must be fairly compensated. + +500. THREEFOLD DIVISION OF POWERS IN THE FEDERAL GOVERNMENT.--A +second distinctive feature of our system of government is that Federal +authority is distributed among three distinct branches: the executive, +the legislative, and the judicial. This is part of the general system +of "checks and balances" by means of which the framers of the +Constitution sought to prevent any branch or division of government +from securing undue control of the governmental machinery. + +The basic merit of this threefold division of powers is that it +safeguards each branch of government against aggression from the other +two branches. And yet this division of powers is by no means so +complete that the three branches do not work together. For example, +both the appointive and the treaty-making powers of the President are +shared by the Senate. The President shares in legislation through his +veto power, as well as through his right to send messages to Congress. +The Senate has the right to impeach all civil officers of the United +States, and may even exert some control over the Supreme Court through +its right to prescribe the number of its judges and the amount of +their salaries. The judiciary, on the other hand, enjoys the unique +power of passing upon the constitutionality of the acts of the other +two branches of government. + +501. DIVISION OF POWERS BETWEEN FEDERAL AND STATE GOVERNMENTS.-- +Another feature of the check and balance system is that authority is +divided between Federal and state governments. The Tenth Amendment +declares that "the powers not delegated to the United States by the +Constitution, nor prohibited by it to the states, are reserved to the +states." Thus we speak of the National government as enjoying +delegated or enumerated powers, while the state governments have +residual or unenumerated powers. The Federal government must show some +specific or implied grant of power for everything that it does, but +state governments need only show that the Federal Constitution does +not prohibit them from doing whatever they see fit. + +This division of powers between Federal and state governments has +several distinct advantages. For example, it allows Federal and state +governments to act as a check upon one another. Furthermore, the +device admirably divides governmental labor: the Federal government is +given control of matters essentially national, while the states are +left in charge of affairs distinctly state or local in character. + +502. INTERSTATE RELATIONS.--Further to guarantee the integrity of the +Federal system, the Constitution specifies the fundamental nature of +interstate relations. The states are independent of one another, and +are equal in Federal law. The laws of a state have no force, and their +public officials have no authority, beyond the state limits. + +The Constitution specifically provides that "full faith and credit +shall be given in each state to the public acts, records, and judicial +proceedings of every other state." This does not mean that the laws of +a particular state are binding upon persons in other states. It does +mean, however, that the courts of each state shall endeavor to give +the same force to the laws of a neighboring state as those laws would +have in the courts of the legislating state. + +To prevent discriminations against citizens of other states, the +Federal Constitution provides that the citizens of each state are +"entitled to all the privileges and immunities of citizens in the +several states." This means that a citizen of one state may remove to +a neighboring state, and there enjoy the same civil rights that the +citizens of the latter state enjoy. + +In order that fugitive criminals may be tried and punished, the +Constitution further provides that "a person charged in any state with +treason, felony, or other crime, who shall flee from justice, and be +found in another state, shall, on the demand of the executive +authority of the state from which he fled, be delivered up to be +removed to the state having jurisdiction of the crime." + +503. SUPREMACY OF FEDERAL LAW.--A last distinctive feature of our +system of government is that Federal law is supreme. The Constitution +states: "This Constitution and the laws of the United States which +shall be made in pursuance thereof, and all treaties made or which +shall be made under the authority of the United States shall be the +supreme law of the land." The states are supreme in their sphere of +action; nevertheless, when it is claimed that there is a conflict +between state and Federal law, the latter prevails. Federal law is the +supreme law of the land, and, in the last instance, it is the Supreme +Court of the United States which is the interpreter of that law. The +decisions of the Supreme Court are binding upon the Federal +government, upon the several states, and upon private individuals. + + +C. DEVELOPMENT OF THE FEDERAL CONSTITUTION + +504. THE FORMAL AMENDING PROCESS.--The Constitution of the United +States may be formally amended in any one of four ways. First, an +amendment may be proposed by a two-thirds vote of each House of +Congress, and ratified by the legislatures of three fourths of the +states. Second, an amendment may be proposed by a two-thirds vote of +each House of Congress and ratified by conventions in three fourths of +the States. Third, an amendment may be proposed by a national +convention, called by Congress upon the request of the legislatures of +two thirds of the states, and ratified by the legislatures of three +fourths of the states. The fourth method resembles the third, except +that ratification is by conventions in three fourths of the states. + +505. AMENDMENTS I-XIX.--There have been nineteen Amendments to the +Federal Constitution. [Footnote: For the full text of these Amendments +see the Appendix.] + +Of these the first ten were adopted as a body in 1791, to satisfy +those who feared that the new Constitution did not adequately protect +individual or states' rights against Federal aggression. Amendments I- +VIII are designed to protect the fundamental rights of the individual. +The Ninth and Tenth express the principle that the Federal government +is one of enumerated powers, while those powers not specifically +conferred upon the Federal government by the Constitution are reserved +to the states or to the people. + +The Eleventh Amendment, adopted in 1798, provided that the Federal +judicial power should not be construed to extend to any suit against a +state by citizens of another state, or by citizens or subjects of any +foreign state. + +The Twelfth Amendment, adopted in 1804, provided that presidential +electors should cast separate ballots for President and Vice +President. + +The Thirteenth Amendment (1865) abolished slavery, the Fourteenth +(1868) defined citizenship and sought to prevent the states from +discriminating against certain classes of citizens, while the +Fifteenth Amendment (1870) declared that the right of citizens of the +United States to vote shall not be denied or abridged on account of +race, color, or previous condition of servitude. + +In 1913 the Sixteenth Amendment authorized Congress to tax incomes +without apportionment among the several states, and without regard to +any census or enumeration. + +In the same year the Seventeenth Amendment provided for the direct +election of United States Senators. + +In 1919 an Eighteenth Amendment prohibited the manufacture, sale, or +transportation of intoxicating liquors within, the importation thereof +into, or the exportation thereof from, the United States. + +A Nineteenth Amendment was adopted in 1920. This declared that the +right to vote shall not be denied to any citizen of the United States +on account of sex. + +506. CONSTITUTIONAL CHANGES THROUGH JUDICIAL INTERPRETATION.--The +Federal Constitution has also been modified and developed by judicial +interpretation. The United States Supreme Court has maintained that +the Federal government possesses not only those powers expressly +granted by the Constitution, but also those powers which are included +with, or implied from, powers expressly granted. This liberal +construction is authorized by the Constitution itself, for the last +clause in Section VIII of Article One of that document declares that +Congress shall have power to "make all laws which shall be necessary +and proper for carrying into execution" its enumerated powers. Under +this doctrine of implied powers, the influence of the National +government has been markedly extended, chiefly with regard to the war +power, the power to regulate interstate commerce, and the power to +levy taxes and borrow money. + +507. CONSTITUTIONAL CHANGES THROUGH USAGE.--The Federal Constitution +has also been modified by the force of custom and political practices. +Examples of the power of usage to modify the Constitution are +numerous, but a few will suffice to illustrate the principle. Custom +has limited the President of the United States to two terms. In +conformity with a long-established custom, Presidential electors do +not exercise independent judgment, but merely register the vote of +their respective constituents. Though the Constitution provides that +the appointive power of the President shall be exercised with the +advice and consent of the Senate, custom virtually prohibits the +Senate from challenging the President's Cabinet appointments. On the +other hand, many executive appointments of minor importance are +determined solely by members of Congress. Usage decrees that the +President alone may remove officers which he has appointed with the +advice and consent of the Senate. Lastly, the legislative committee +system, as well as the entire machinery of the political party, is the +outcome of custom. Concerning these important instruments of practical +politics, the Constitution is silent. + + +QUESTIONS ON THE TEXT + +1. Point out some similarities among the American colonial +governments. + +2. Describe some of the earlier attempts at union. + +3. What was the nature of the Confederation government? + +4. For what specific purpose was the Constitutional Convention +convened? + +5. What was the Virginia plan? The New Jersey plan? + +6. What was the fundamental difference between the Confederation +government and the new Federal government? + +7. What is the theory of limited government? + +8. What two classes of private rights are safeguarded by the Federal +Constitution? + +9. What is the nature and purpose of the threefold division of powers? + +10. To what extent does the Constitution divide powers between Federal +and state governments? + +11. Outline the nature of interstate relations, as provided for in the +Federal Constitution. + +12. What is meant by saying that Federal law is supreme? + +13. By what four methods may the Federal Constitution be amended? + +14. Enumerate and briefly characterize the nineteen amendments to the +Federal Constitution. + +15. To what extent has the Federal Constitution been modified by +judicial interpretation? + +16. How may the Constitution be modified by usage? Give some examples. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter iii. + +2. Guitteau, _Government and Politics in the United States_, chapter +xviii. + +3. Munro, _The Government of the United States_, chapter v. + +4. Review chapters ii, iii and iv of the text. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What were the chief powers of the New England Confederation? +(Guitteau, page 208.) + +2. What was the nature of the Stamp Act Congress? (Guitteau, pages +208-209.) + +3. What was the most fatal weakness of the Confederation government? +(Guitteau, page 212.) + +4. Outline the movement for constitutional revision. (Beard, pages 42- +44.) + +5. Discuss the membership of the Constitutional Convention. (Beard, +pages 44-45.) + +6. Outline the defects of the Articles of Confederation which were +avoided in framing the Federal Constitution. (Beard, pages 53-56.) + +7. What were some of the objections to the ratification of the Federal +Constitution? (Beard, pages 56-58.) + +8. Compare the English and American Constitutions with respect to +flexibility. (Munro, pages 57-58.) + +9. What effect has constitutional development had upon the division of +powers? (Munro, pages 69-70.) + +10. Has the development of the Federal Constitution made government +more or less democratic? (Munro, page 70.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. The protection of your personal liberty under the Federal +Constitution. + +2. The protection of your property rights under the Federal +Constitution. + +3. Compare the first eight amendments to the Federal Constitution with +the bill of rights in your state constitution. + +4. Compare the Federal Constitution with the constitution of your +state with respect to length, number of subjects treated, and +complexity of language. + +5. The process of extradition between your state and neighboring +commonwealths. + + +II + +6. Evolution of the state. (Gettell, _Problems in Political +Evolution_, chapter i.) + +7. Nature of Federal government. (Gettell, _Readings in Political +Science_, pages 268-270.) + +8. Advantages and disadvantages of Federal government. (Gettell, +_Readings in Political Science_, pages 276-280.) + +9. Colonial origins of the Federal Constitution. (Beard, _American +Government and Politics_, chapter i; Munro, _The Government of the +United States_, chapter i; Reed, _Form and Functions of American +Government_, chapter i.) + +10. Preliminaries of national government. (Beard, _American Government +and Politics_, chapter ii; Munro, _The Government of the United +States_, chapter ii.) + +11. The meaning of "We, the People of the United States," in the +Preamble to the Constitution. (Taft, _Popular Government_, chapter i.) + +12. Sovereignty. (Gettell, _Introduction to Political Science_, +chapter viii; Leacock, _Elements of Political Science_, chapter iv.) + +13. Relation of state and Federal governments. (Guitteau, _Government +and Politics in the United States_, chapter xxi.) + +14. The supremacy of Federal law. (Munro, _The Government of the +United States_, chapter iv.) + +15. The check and balance system. (Gettell, _Readings in Political +Science_, pages 332-336; Forman, _The American Republic_, chapter iv.) + +16. The separation of powers. (Beard, _American Government and +Politics_, pages 152-155; Gettell, _Introduction to Political +Science_, chapter xvii; Leacock, _Elements of Political Science_, part +ii, chapter i.) + +17. Interstate relations. (Leacock, _Elements of Political Science_, +chapter vi.) + +18. Personal liberty and government. (Cleveland, _Organized +Democracy_, chapter vii; Gettell, _Introduction to Political Science_, +chapter ix.) + +19. The doctrine of implied powers. (Guitteau, _Government and +Politics in the United States_, chapter xx.) + +20. Evolution of the Federal Constitution. (Kimball, _The National +Government of the United States_, chapter ii.) + + +FOR CLASSROOM DISCUSSION + +21. Is the Federal Constitution too difficult of amendment? Is it too +easily amended? + +22. Does the Constitution adequately protect state governments against +Federal aggression? + +23. Has judicial interpretation of the Constitution proved helpful or +harmful? + +24. Has constitutional modification through usage proved helpful or +harmful? + + + + +CHAPTER XL + +THE PRESIDENT OF THE UNITED STATES + + +A. CHOOSING THE PRESIDENT + +508. ORIGINAL METHOD OF CHOOSING THE PRESIDENT.--The Federal +Constitution sought to protect the office of chief magistrate against +popular passion by providing for the indirect election of the +President. According to the Constitution, each state was to appoint, +"in such manner as the legislature thereof may direct," a number of +electors equal to the state's combined quota of senators and +representatives in Congress. These electors were to meet, each group +in its own state, and were to vote by ballot for two persons. These +ballots were then to be transmitted sealed to Congress, where the +President of the Senate was to open and count them in the presence of +both houses. The person receiving the highest number of votes was to +be declared President, while the individual obtaining the next highest +number was to fill the office of Vice President. + +509. CHANGES IN THE ORIGINAL METHOD OF CHOOSING THE PRESIDENT.--Three +important changes have been brought about in the original method of +choosing the President. + +At the beginning of our national history, the state legislatures +themselves chose the Presidential electors, but with the spread of +democracy the legislatures gradually transferred the choice of these +electors to the people. To-day Presidential electors are in every +state chosen by popular vote, on a general state-wide ticket. + +After the election of 1800 it became apparent that in order to prevent +the candidate for Vice President from defeating the candidate for +President, there would have to be a separate ballot for each of these +officers. In 1804 there was accordingly passed the Twelfth Amendment +to the Constitution, providing that Presidential electors should +thenceforth cast separate ballots for President and Vice President. + +Party politics have effected a third change in the original method of +choosing the President. The Constitution evidently intended that the +Presidential electors should be men of high repute, and that they +should select the nation's chief executive as the result of mature +deliberation and independent judgment. But as early as the third +Presidential election (1796) it became clearly understood that the +electors would merely register the opinions of their constituents. +Technically the electors still choose the President; as a matter of +fact they exercise no discretion, but merely express decisions +previously reached by their respective constituents. + +510. PRESENT METHOD OF CHOOSING THE PRESIDENT.--To-day the President +of the United States is elected as follows: + +Each political party nominates a candidate for the presidency at a +national convention held in June or July of the presidential year. At +about the same time the various parties in each state nominate the +quota of presidential electors to which the state is entitled. The +people vote on these electors on the Tuesday following the first +Monday in November of each leap year. In each state the electors +receiving a plurality assemble at the state capitol on the second +Monday in January following their election, and vote directly for +President and Vice President. These votes are then certified and sent +to the President of the Senate. On the second Wednesday in February, +this officer opens them, and in the presence of the two houses of +Congress, counts them, and declares elected the candidate who has +received the majority of the electoral votes. If no candidate has a +majority, the House of Representatives elects one of the three leading +candidates, the Representatives from each state casting one vote. In +1800 and again in 1824, the presidential election was thus decided by +the House. + +511. QUALIFICATIONS.--All persons who are entitled to vote for the +most numerous branch of the state legislature are entitled, likewise, +to vote in presidential elections. [Footnote: For limitations upon the +suffrage in the various states, see Chapter XXXIII, Section 415.] + +No presidential elector may hold any office of trust or profit under +the United States. By custom electors are also residents of the +district from which they are chosen. + +The President of the United States must be a natural-born citizen of +the United States and must be at least thirty-five years of age. He +must also have been a resident of the United States for fourteen +years. + +512. COMPENSATION.--The President's salary is determined by Congress, +but the amount may be neither increased nor decreased for the existing +presidential term. Between 1789 and 1873 the presidential salary was +$25,000, and in 1873 it was increased to $50,000 a year. Since 1909 +the President has received an annual salary of $75,000, plus an +allowance for travelling expenses and the upkeep of the White House or +Executive Mansion. + +513. TERM AND SUCCESSION.--The President-elect is inaugurated on the +4th of March following his election, and serves until the 4th of March +four years later. By custom, though not by law, he is limited to two +terms. + +The Constitution provides that in case the President is removed by +impeachment, death, resignation, or inability, his duties shall +devolve upon the Vice President. In 1886 the Presidential Succession +Act provided that in case of the inability of both President and Vice +President the Cabinet officers shall succeed in the following order: +Secretary of State, Secretary of the Treasury, Secretary of War, +Attorney-General, Postmaster-General, Secretary of the Navy, and +Secretary of the Interior. No Cabinet officer has ever succeeded to +the Presidency, but Presidents Tyler, Fillmore, Johnson, Arthur, and +Roosevelt were formerly Vice Presidents who ascended to the Presidency +because of the death of the chief executive. + +514. THE VICE PRESIDENT.--The Vice President of the United States is +elected in the same manner and by the same electors as the President, +with this exception: The failure of any Vice-Presidential candidate to +receive a majority of the electoral votes permits the Vice President +to be chosen by the Senate from the two candidates receiving the +highest number of electoral votes. The qualifications for the Vice +President are the same as for the President. The Vice Presidents +salary is $12,000 a year. + +Aside from the fact that he may succeed the President there is little +to be said about the Vice President. He presides over the Senate, but +he is not a member of that body. He can neither appoint committees, +nor even vote, except in case of a tie. Vice Presidents have generally +exerted little influence upon national affairs. During President +Wilson's second term, neither the President's extended absence in +Europe, nor his serious illness at home, operated to increase the +influence of the Vice President. Under President Harding's +administration, however, Vice President Coolidge was accorded +considerable recognition, including the privilege of sitting in the +President's Cabinet meetings. + + +B. DUTIES AND POWERS OP THE PRESIDENT + +515. GENERAL STATUS OF THE PRESIDENT--The President of the United +States acts as the head of the executive branch of government. Since +the executive is independent of the other two branches, the President +is subject to the control of neither legislature nor judiciary. The +President cannot be arrested for any cause whatsoever. No ordinary +court has jurisdiction over the Chief Magistrate, though misconduct +may result in his being impeached by the Senate of the United States. + +The President enjoys extensive powers, some of which are enumerated in +the Constitution, [Footnote: Article II] and others of which he has +acquired by the force of custom. These powers are divisible into four +groups, which may be discussed in the following order: War powers, +powers with reference to foreign affairs, administrative powers, and +legislative powers. + +516. WAR POWERS OF THE PRESIDENT.--Section II of Article II of the +Constitution provides that the President shall be "commander-in-chief +of the army and navy of the United States, and of the militia of the +several states when called into actual service of the United States." +In pursuance of this power the President controls and directs the +nation's military and naval forces, and appoints all army and naval +officers. [Footnote: In time of war, the President may dismiss these +officers at will; in time of peace, however, they are removed by +court-martial.] The execution of the military law under which the army +and navy are governed is also directed by the President. The President +may call out the state militia, when in his judgment such action is +necessary in order to suppress insurrection, repel invasion, or +enforce the laws. In case of war with foreign countries, the President +as commander-in-chief assumes full direction of hostilities. + +So long as he acts within the bounds of international law, the +President may do anything which he deems necessary to weaken the power +of the enemy. In the exercise of this right President Lincoln +blockaded the southern ports during the Civil War, suspended the writ +of _habeas corpus_, declared martial law in many districts, and freed +the slaves by proclamation. During the World War (1917-1921), the +powers of President Wilson were greatly expanded. For the purpose of +bringing the struggle with Germany to a successful termination, +Congress conferred upon the President large powers of control over +food, fuel, shipbuilding, and the export trade. The railway, +telegraph, and wireless systems were taken over by the government +under the President's war powers. + +An important phase of the President's war powers is the constitutional +charge to take care that the laws be faithfully executed. Usually the +administration of law is a peaceful process, but when the civil +authorities are rendered powerless by persons defying Federal law, the +President may use his military power to restore order. On three +notable occasions the President has enforced the laws by the use or +display of military force. In 1794 President Washington called out the +militia of four states to suppress the Whiskey Rebellion. During the +Civil War, President Lincoln resorted to military force to execute the +laws. Again, in 1894, President Cleveland used regular troops to +prevent railway strikers in Chicago from interfering with the Federal +mails. + +517. CONTROL OVER FOREIGN AFFAIRS.--The Constitution vests in the +President the power to negotiate treaties and conventions with foreign +nations. In practice the President usually acts through the Secretary +of State. During the process of negotiation it is customary for the +President to consult with the Senate committee on foreign relations, +as well as with the leaders of the senatorial majority. Such +consultation is a wise step, because no treaty may become law unless +ratified by the Senate. + +The President receives diplomatic representatives from foreign +countries. This is largely a ceremonial duty, but it may involve +serious consequences. When the independence of a foreign country is in +doubt, or when the representative of any nation is personally +objectionable to our government, the President may refuse to receive +the foreign representative. In case relations between this and a +foreign country become strained, or in case the representative of a +foreign power is guilty of misconduct, the President may request the +withdrawal of, or may even dismiss, the foreign representative. This +severance of diplomatic relations may lead to war. + +The President has the further power to appoint diplomatic +representatives to foreign countries. We send ambassadors to the more +important countries, ministers-resident to most countries, envoys +extraordinary or ministers-plenipotentiary to several countries, and +commissioners for special purposes. In the absence of the permanent +diplomatic representative some minor officer takes temporary charge, +and is known as the _chargé d'affaires ad interim_. All of the +President's diplomatic appointments must be confirmed by the Senate, +but the President acting alone may remove any diplomatic officer. Such +removal is at the pleasure of the President. The term of office +enjoyed by diplomatic representatives is not fixed by law, but due to +the influence of the spoils system, it often terminates when a new +President assumes office. + +Besides diplomatic officers, who are charged with political duties, +our foreign service comprises various grades of consuls, or commercial +representatives. The President and the Senate likewise choose consular +officers, but from lists of persons who have qualified under the merit +system. Promotion and removal are determined by Civil Service rules. + +518. ADMINISTRATIVE POWERS OF THE PRESIDENT.--The chief +administrative function of the President is to carry into effect the +laws of the United States. In the discharge of this duty the President +is aided by a large number of subordinate officials, who, directly or +indirectly, are responsible to him as head of the administration. +Altogether there are more than half a million officials in the +executive civil service of the United States. + +Over the appointment of these numerous officers the President has a +varying measure of control. + +He alone appoints a few executive officials, such as his private +secretary and the members of his Cabinet. The latter are nominally +chosen by the President and the Senate, but in practice the Senate +universally approves Cabinet appointments sent in by the President. +Officers in this first group may be removed only by the President. + +The President and the Senate together select about 12,000 of the more +important executive officers. These include diplomatic agents, Federal +judges, most military and naval officers, collectors of customs and +internal revenues, and many others. In the case of minor positions to +be filled within a congressional district, the President usually +confers with the Representative from that district, if that +Representative is of the President's party. If such Representative is +not of the President's party, the candidate for the position is really +selected by the Senators from the proper state. [Footnote: Provided, +of course, that these Senators belong to the same political party as +the President. ] The more important positions in this group are filled +by the Senators from the state in which the vacancy exists, the +President ratifying such selections as a matter of course. Officers in +this second group are removable only by the President. + +More than 300,000 of the minor executive positions are now filled by +the Civil Service Commission. Persons entering office through the +merit system, may be removed only for a cause which will promote the +efficiency of the service. + +In addition to his administrative duties, the President has the power +to grant reprieves and pardons for offenses against the United States, +except in the case of impeachment. A pardon fully exempts the +individual from the punishment imposed upon him by law; a reprieve, on +the other hand, is simply a temporary suspension of the execution of a +sentence. + +519. LEGISLATIVE POWERS OF THE PRESIDENT.--Though primarily an +executive officer, the President enjoys important powers over +legislation. + +The President may convene either or both houses of Congress on +extraordinary occasions. For example, he may call an extra session of +Congress to consider such questions as the tariff, currency reform, or +a treaty. + +The President has the right to send messages to Congress from time to +time during his term. The recommendations contained in these messages +exert some direct influence upon legislation, and are important in +formulating public opinion outside of Congress. + +Indirectly the President exerts a considerable influence upon +legislation by bringing political pressure to bear upon the +Congressional leaders of his party. He also exerts some influence upon +legislation by the use of the patronage which accompanies his +appointing power. This influence is important as breaking down the +barriers between the executive and legislative branches of government. + +The President may issue ordinances which have the force of law. As +commander-in-chief of the army and navy, he may issue ordinances for +their regulation. In pursuance of the duty to enforce the laws, the +President may issue ordinances prescribing uniform means for the +enforcement of the statutes. He may issue ordinances for specific +purposes, as, for example, Congress in 1912 authorized the President +to issue legislative ordinances for the government of the Canal Zone. + +Very important is the President's veto power. The President may veto +any bill or joint resolution passed by Congress, with the exception of +joint resolutions proposing Constitutional amendments. But the +President must veto the bill as a whole, and not particular items. +Even though vetoed by the President, a bill may still become law by +being passed by a two-thirds vote in each house of Congress. In spite +of these restrictions, the President exerts a considerable influence +upon legislation by the use of the veto, or by the threat that he will +employ it. Most authorities regard the veto power as a wholesome check +upon harmful and unwise legislation. + + +QUESTIONS ON THE TEXT + +1. Describe the original method of choosing the President. + +2. Outline the three important changes which have taken place in the +original method of choosing the President. + +3. Describe the present method of choosing the President. + +4. What are the qualifications for Presidential electors? For +President? + +5. What is the compensation of the President? + +6. What is the nature of the Presidential Succession Act? + +7. Discuss the Vice Presidency. + +8. Into what four groups may the powers of the President be divided? + +9. Enumerate the chief war powers of the President. + +10. What is the extent of the President's treaty-making power? + +11. Outline the President's duties with respect to appointing and +receiving foreign representatives. + +12. What is the chief administrative function of the President? + +13. Discuss the President's power to grant pardons and reprieves. + +14. Explain the ordinance-issuing power of the President. + +15. What is the extent of the President's veto power? + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter x. + +2. Guitteau, _Government and Politics in the United States_, chapter +xxv. + +3. Munro, _The Government of the United States_, chapter viii. + +4. Reed, _Form and Functions of American Government_, chapter xix. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Outline the work of the national convention. (Reed, pages 228-229.) + +2. Describe the presidential campaign. (Reed, pages 233-234.) + +3. Why was the presidential election of 1876 disputed? (Guitteau, +pages 288-289.) + +4. Describe the inaugural ceremony. (Guitteau, page 292.) + +5. What is the origin of the President's right to remove officers +appointed by him? (Beard, page 193.) + +6. How did President Roosevelt once succeed in carrying out the terms +of an international agreement without the consent of the Senate? +(Beard, pages 197-198.) + +7. Why was the veto power originally bestowed upon the President? +(Beard, page 202.) + +8. What is the rule of senatorial courtesy? (Munro, page 107.) + +9. What is the pocket veto? (Munro, page 118.) + +10. What is the President's relation to the courts? (Munro, pages 124- +125.) + +11. What is the method of impeaching a President? (Reed, pages 237- +238.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. The part played by your state in the last Presidential election. + +2. Extent to which the President of the United States has made use of +the militia of your state. + +3. Compare the powers of the President of the United States with the +powers of the Governor of your state. + +4. Cabinet officers, past or present, who were natives of your state. + +5. List some of the offices within the bounds of your state which are +filled, directly or indirectly, by the President of the United States. + + +II + +6. The biography of some one President. (Consult an encyclopedia, +standard works on American history, and special biographies.) + +7. The history of some one important Presidential election. (Consult a +standard history of the United States.) + +8. The inauguration of a President. (Reinsch, _Readings on American +Federal Government_, pages 1-5.) + +9. The war powers of the President. (Reinsch, _Readings on American +Federal Government_, pages 22-32.) + +10. Federal intervention in the Chicago strike of 1894. (Reinsch, +_Readings on American Federal Government_, pages 32-46.) + +11. The treaty-making power. (Reinsch, _Readings on American Federal +Government_, pages 79-127.) + +12. The presidential power of appointment. (Taft, _Our Chief +Magistrate and His Powers_, chapter iii.) + +13. The pardoning power of the President. (Taft, _Our Chief Magistrate +and His Powers_, chapter v.) + +14. The presidential veto. (Taft, _Our Chief Magistrate and His +Powers_, chapter i.) + +15. The President at work. (Reinsch, _Readings on American Federal +Government_, pages 5-10.) + +16. The President as party leader. (Jones, _Readings on Parties and +Elections in the United States_, pages 205-211.) + +17. Relations of the executive and legislative branches of the +National government. (Beard, _American Government and Politics_, pages +205-214.) + +18. The impeachment of President Johnson. (Consult any general work on +American history, or an encyclopedia.) + +19. "Why great men are not chosen Presidents." (Bryce, _The American +Commonwealth_, vol. i, chapter viii.) + + +FOR CLASSROOM DISCUSSION + +20. Would a single presidential term of six years be preferable to the +present custom of electing a President for not more than two four-year +terms? + +21. Should the President be chosen directly by the people, without +resort to the electoral college? + +22. Does Congress exercise too little control over the choice of the +President's Cabinet? + +23. Advantages and disadvantages of the veto power. (See Munro, _The +Government of the United States_, page 119.) + +24. Should the President be permitted to veto separate items in a +bill? + + + + +CHAPTER XLI + +THE NATIONAL ADMINISTRATION + + +520. DEVELOPMENT OF THE FEDERAL EXECUTIVE.--The President is the head +of the Federal executive, but in the performance of his numerous +administrative duties he is aided by a number of subordinate officers. + +No executive departments were directly established by the +Constitution, but that document evidently assumes their existence, for +it clearly states that the President "may require the opinion, in +writing, of the principal officer in each of the executive +departments, upon any subject relating to the duties of their +respective offices." [Footnote: Article II, Section II, of the +Constitution.] + +President Washington was authorized by Congress to appoint three +assistants: a Secretary of State, a Secretary of the Treasury, and a +Secretary of War. With the development of governmental functions, +additional departments have been created. Congress established the +Post Office Department in 1794, the Navy Department in 1798, the +Department of the Interior in 1849, the Department of Justice in 1870, +the Department of Agriculture in 1889, the Department of Commerce in +1903, and the Department of Labor in 1913. At present, then, there are +ten Federal executive departments, all of them under the direct +control of the President. + +521. THE CABINET.--The heads of these ten departments are appointed by +the President, nominally with the consent of the Senate. They may be +removed only by the President, and by him at will. Neither in the +Constitution nor in the statutes of Congress is there provision for a +Cabinet, but as the result of custom which has been formulating since +Washington's second term the heads of the Federal executive +departments have come to constitute, in their collective capacity, the +President's Cabinet. Cabinet meetings are generally held twice a week, +or oftener, as the President desires. + +The American Cabinet should not be confused with the Cabinet in Great +Britain and other European countries. In Europe the Cabinet is +generally a parliamentary ministry, that is to say, a group of men +chosen from the majority party in the legislature. These Cabinet +members, or ministers, sit in the legislature, propose laws, and +defend their measures on the floor. They are held responsible for the +national administration. This means that when the majority of the +legislature fails to support them they are expected to resign, in +order that the opposition party may form a new Cabinet. + +Quite different is the American Cabinet. This body is advisory only, +and the President may disregard the advice of any or all of its +members. The Cabinet in this country is accountable only to the +President. The attitude of Congress toward Cabinet officers has +nothing to do with the tenure of office of these executive heads. +Cabinet members do not sit in Congress; they do not, in the capacity +of Cabinet officers, introduce or defend legislation; and they are not +held responsible for the administration. + +522. HEADS OF DEPARTMENTS AS ADMINISTRATIVE OFFICERS.--Collectively +the heads of the ten executive departments act as the President's +Cabinet; individually they administer their respective departments. +Though responsible to the President and at all times working under his +direction, the heads of departments are allowed a wide range of +independence. Department heads may appoint and remove at will a large +number of minor officers in their respective departments, though of +late years this power has been considerably restricted by Civil +Service rules. The exact scope of the work of the various departments +is largely denned by law. Within the limits thus set, the head of the +department is free to make regulations affecting the conduct of +departmental business. To expedite business, the work of each +department is divided and subdivided among numerous bureaus, boards, +and commissions, functioning under the general direction of the head +of the department. + +523. THE DEPARTMENT OF STATE.--Without doubt the most important of the +subordinate executive officers is the Secretary of State. His most +pressing duty is to conduct foreign affairs in accordance with the +wishes of the President. In pursuance of this duty, the Secretary of +State issues instructions to diplomatic and consular officers, issues +passports to American citizens going abroad, and otherwise exercises +control of matters touching foreign relations. + +Important domestic duties devolve upon the Secretary of State. When +the President desires to communicate with the Governors of the several +states, he acts through the Secretary of State. The Secretary is the +custodian of the Great Seal of the United States. It is he who +oversees the publication of the Federal statutes. The Secretary of +State likewise has charge of the archives containing the originals of +all laws, treaties, and foreign correspondence. + +Much of the work of the Department of State is performed through +bureaus, the titles of which indicate their respective functions. Of +these bureaus the following are the more important: the diplomatic +bureau, the consular bureau, the bureau of accounts, the bureau of +indexes and archives, the bureau of rolls and library, the bureau of +appointments, and the bureau of citizenship. Each of these bureaus is +headed by a chief who is directly responsible to the Secretary of +State. In addition to these chiefs of bureaus, the Secretary is aided +by three assistant secretaries of state. + +524. DEPARTMENT OF THE TREASURY.--Supervision of the national finances +is the chief business of the Secretary of the Treasury. The Secretary +annually submits to Congress estimates of probable receipts and +expenditures, and supervises the collection of customs and internal +revenues. He also issues warrants for all moneys paid out of the +treasury. + +The scope of the department's work may be indicated by an enumeration +of its chief officers. These include the Secretary himself, three +assistant secretaries, six auditors, the treasurer, the comptroller +of the treasury, the director of the mint, the register, the +comptroller of the currency, the commissioner of internal revenue, the +director of the bureau of engraving and printing, the chief of the +secret-service department, the captain commandant of the coast guard, +the superintendent of the life-saving service, the surgeon-general of +the public health service, the supervising architect, and the farm +loan commissioner. + +525. THE DEPARTMENT OF WAR.--National defense is the chief concern of +the Secretary of War. Coast fortifications, the supervision of +navigation, and river and harbor improvements fall within the scope of +the department. Our insular possessions are administered by the +Secretary of War. It is also the duty of this officer to prepare +estimates of the expenses of his department, to supervise all +expenditures for the support and transportation of the army, and to +take charge of the issuance of orders for the movement of troops. In +addition, he has charge of the Military Academy at West Point, and +recommends all appointments and promotions in the army service. + +Under the Secretary of War are grouped a number of administrative +bureaus, each headed by an army officer detailed for a period of four +years. Of these officers the following are the more important: the +inspector-general, the quartermaster-general, the adjutant general, +the surgeon-general, the chief of engineers, the chief of ordnance, +the chief signal officer, the chief of the coast artillery, the judge +advocate general, the provost-marshal general, and the chief of the +bureau of insular affairs. + +526. THE DEPARTMENT OF THE NAVY.--The Department of the Navy is +likewise concerned with national defense. While less important than +the Department of War, the Department of the Navy is steadily gaining +in prestige. The Department is in charge of a Secretary, aided by an +assistant secretary. It is the duty of the Department of the Navy to +superintend the construction and armament of war vessels, and in +addition exercise a supervisory control over the naval service. The +Naval Academy at Annapolis and the Naval War College at Newport are in +charge of the Department of the Navy. + +The administrative work of the Department is carried on by seven +bureaus, most of them in charge of line officers of the Navy, working +directly under the Secretary. These bureaus are as follows: the bureau +of navigation, the bureau of ordnance, the bureau of yards and docks, +the bureau of supplies and accounts, the bureau of steam engineering, +the bureau of medicine and surgery, and the bureau of construction and +repairs. + +527. THE DEPARTMENT OF JUSTICE.--This Department is headed by the +Attorney-General, who acts as the chief legal adviser of the National +government. It is his duty to represent the government in all cases to +which the United States is a party. It is he who conducts proceedings +against corporations or individuals who violate the Federal laws. +General supervision over all Federal district attorneys and marshals +is exercised by the Attorney-General. This officer likewise examines +the titles of lands which the government intends to purchase. The +Attorney-General has a supervisory charge of the penal and reformatory +institutions which are Federal in character. Applications for pardons +by the President are investigated by the Attorney-General. Still +another of his duties is to superintend the codification of the +Federal criminal laws. + +In these various duties the Attorney-General is assisted by an under- +officer known as the solicitor-general. + +528. THE POST OFFICE DEPARTMENT.--This Department, headed by the +Postmaster-General, has general charge of the postal service. The +Postmaster-General awards contracts for the transportation of the +mails, and directs the management of the domestic and foreign mail +service. The handling of money orders, the parcels post system, and +the postal savings banks come under the control of the Postmaster- +General. Of great importance is the power of this officer to bar from +the mails publications which are fraudulent or otherwise obnoxious. + +Working under the Postmaster-General are four assistant postmasters- +general, each in general charge of a group of services within the +department. + +529. DEPARTMENT OF THE INTERIOR.--Aided by two assistant secretaries, +the Secretary of the Interior performs a number of important +functions. He has charge of all public lands, including national +parks. The handling of Indian affairs constitutes one of his duties. +The territories of Alaska and Hawaii come under the direct supervision +of this department. + +Many miscellaneous functions are performed by the various bureaus +within the department. Patents, pensions, and the geological survey +come within the purview of the department. The Secretary of the +Interior has charge of the distribution of government appropriations +to various educational institutions. A general supervision over a +number of charitable institutions within the District of Columbia is +also exercised by this officer. + +530. DEPARTMENT OF AGRICULTURE.--All matters pertaining to agriculture +in the widest sense are the concern of the Department of Agriculture. +Under the direction of the Secretary the Department issues a large +number of scientific and technical publications, including the +Agricultural Yearbook, the series of Farmers' Bulletins, the Monthly +Weather Review, and the Crop Reporter. Quarantine stations for +imported cattle, and the inspection of domestic meats and imported +food products are concerns of the various bureaus within the +Department. Of great importance is the work of the weather bureau in +sending out storm, flood, frost, and drought warnings. + +An increasingly important phase of the Department's work is the Forest +Service, the work of which has been described in Chapter XXX. An +important bureau is the bureau of animal industry, which combats +animal diseases and gives advice concerning the best breeds of poultry +and cattle. The bureau of plant industry ransacks the world for new +crops suitable for our soils, and gives fruit-growers and farmers +advice concerning plant parasites. Insect pests are the concern of the +entomology division. Additional functions of the Department of +Agriculture may be indicated by an enumeration of some of the more +important of its remaining bureaus and divisions. These include the +bureau of chemistry, the bureau of soils, the bureau of statistics, +the bureau of crop estimates, the office of public roads and rural +engineering, the Federal horticultural board, and the bureau of +markets. + +531. THE DEPARTMENT OF COMMERCE.--In 1913 what for ten years had been +known as the Department of Commerce and Labor was divided into two +separate departments, a Department of Commerce and a Department of +Labor. + +The chief duty of the Department of Commerce is to foster the foreign +and domestic commerce of the United States. To promote our mining, +manufacturing and fishing industries, and to develop our +transportation facilities are, therefore, among the aims of this +department. The census, the coast survey and lighthouses, and +steamboat inspection are concerns of the Department of Commerce. The +scope of the Department, which is increasing rapidly, may be indicated +by an enumeration of the more important bureaus grouped within it. +These include the bureau of foreign and domestic commerce, the bureau +of census, the bureau of lighthouses, the bureau of coast and geodetic +survey, the steamboat inspection service, the bureau of navigation, +the bureau of standards, and the bureau of fisheries. + +532. THE DEPARTMENT OF LABOR.--Though at present the functions of the +Department of Labor are fewer than those of the other Departments, +they are being rapidly expanded by the extension of government +interest in industry. The Department is concerned with practically all +matters which affect labor conditions in the United States. + +The Department of Labor collects and publishes information upon all +subjects connected with labor and capital, the hours and wages of +labor, and methods of improving the condition of the working classes. +It seeks to encourage industrial good will, and to adjust labor +disputes peaceably. An important bureau within the Department is the +bureau of immigration, which, under the direction of the commissioner- +general of immigration, is concerned with the administration of our +immigration laws. The bureau of naturalization keeps a record of +immigrants, and supervises their naturalization. Of growing importance +is the children's bureau, which investigates matters having to do with +child labor, infant mortality, orphanage, and the work of the juvenile +courts. + +533. MISCELLANEOUS BOARDS AND COMMISSIONS.--In addition to the +executive departments which have been briefly discussed, the Federal +administration includes many independent boards, bureaus, and +commissions which perform duties not assigned to any of the ten +departments. These agencies have been established from time to time +under the authority of Congressional statutes. The chiefs of the +bureaus and the members of the boards and commissions are appointed by +the President and the Senate, most of them for a term ranging between +six and twelve years. These officials are largely experts, who happily +are sufficiently exempt from the spoils system to stand a fair chance +of surviving a change of administration. + +Among the more important of these boards and commissions are the +following: The Federal Reserve Board, the Federal Farm Loan Board, the +Federal Board for Vocational Education, the Federal Trade Commission, +the Interstate Commerce Commission, the United States Tariff +Commission, and the Civil Service Commission. The nature and functions +of most of these administrative agencies have been discussed elsewhere +in the text, and need not be gone into here. + + +QUESTIONS ON THE TEXT + +1. Trace briefly the development of the Federal executive departments. + +2. What is the nature of the President's Cabinet? + +3. Contrast the American with the European cabinet. + +4. What function do the heads of departments perform individually? + +5. What are the chief functions of the Secretary of State? + +6. Enumerate the more important officers working under the direction +of the Secretary of the Treasury. + +7. Describe the work of the Department of War. + +8. What are the chief functions of the Secretary of the Navy? + +9. What are the chief duties of the Attorney-General? + +10. Describe the work of the Post Office Department. + +11. What types of work are the concern of the Department of the +Interior? + +12. Discuss briefly the work of the Department of Agriculture. + +13. What is the function of the Department of Commerce? Of the +Department of Labor? + +14. Name some of the more important boards and commissions which are +independent of the ten executive departments. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter ii. + +2. Guitteau, _Government and Politics in the United States_, chapter +xxvii. + +3. Munro, _The Government of the United States_, chapter ix. + +4. Reed, _Form and Functions of American Government_, chapter xxiv. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Outline the duties which are common to the heads of all of the +executive departments. (Beard, pages 216-218.) + +2. Contrast the National administration with the state administration. +(Reed, pages 286-287.) + +3. What is the purpose of the Library of Congress? (Reed, pages 298- +299.) + +4. Describe the work of the General Land Office under the Department +of the Interior. (Guitteau, pages 318-319.) + +5. What is the function of the Commissioner of Patents? (Guitteau, +page 319.) + +6. What are the duties of the Commissioner of Education, under the +Secretary of the Interior? (Guitteau, page 320.) + +7. Name some of the more important boards and commissions created +during the World War. (Guitteau, pages 325-326.) + +8. Compare our Department of the Interior with the Department of the +Interior in France. (Munro, pages 136-137.) + +9. What is meant by the statement that the National administration is +decentralized? (Munro, page 142.) + +10. Describe briefly the work of the Civil Service Commission. (Beard, +pages 222-224.) + + +TOPICS FOR INVESTIGATION AND REPORT + +1. Membership of the President's Cabinet at the present time. + +2. The biography of some one member of the President's Cabinet. + +3. The work of some bureau or department in the National +administration. (Reports on the work of the various departments may be +secured by writing to the respective departments at Washington, D. +C. See also Fairlie, _The National Administration of the United States +of America_.) + +4. Compare the National administration with the administrative +department in your state, with respect to + +(a) Scope of work + +(b) Centralization + +(c) Efficiency + +(d) Control by the people. + + +II + +5. Evolution of the executive. (Gettell, _Introduction to Political +Science_, chapter xix.) + +6. Functions of the Federal executive. (Kimball, _The National +Government of the United States_, chapter x.) + +7. A history of the President's Cabinet. (Consult an encyclopedia.) + +8. Membership of the Cabinet. (Fairlie, _The National Administration +of the United States_, chapter iv.) + +9. An Englishman's view of the American Cabinet. (Bryce, _The American +Commonwealth_, vol. i, chapter ix.) + +10. The Department of State. (Fairlie, _The National Administration of +the United States_, chapter vi.) + +11. The Department of the Treasury. (Fairlie, _The National +Administration of the United States_, chapters vii and viii.) + +12. The Department of War. (Fairlie, _The National Administration of +the United States_, chapter ix.) + +13. The Department of the Navy. (Fairlie, _The National Administration +of the United States_, chapter x.) + +14. The Department of Justice. (Fairlie, _The National Administration +of the United States_, chapter xi.) + +15. The Post Office Department. (Fairlie, _The National Administration +of the United States_, chapter xii.) + +16. The Department of the Interior. (Fairlie, _The National +Administration of the United States_, chapters xiii and xiv.) + +17. The Department of Agriculture. (Fairlie, _The National +Administration of the United States_, chapter xv.) + +18. The Department of Commerce. (Fairlie, _The National Administration +of the United States_, chapter xvi.) + +19. The Department of Labor. (Fairlie, _The National Administration of +the United States_, chapter xvi.) + + +FOR CLASSROOM DISCUSSION + +20. The American Cabinet compared with the English Cabinet, (See +Munro, _The Government of the United States_, pages 143-145.) + +21. Should the President be obliged to act in accordance with the +wishes of a majority of his Cabinet? + +22. To what extent should promotion in the civil service be on the +basis of length of service? To what extent should promotion be +determined by periodic examinations? + +23. Do you favor the creation of a new executive department, to be +called the Department of Public Welfare? + + + + +CHAPTER XLII + +NATURE AND POWERS OF CONGRESS + + +534. CONGRESS CONSISTS OF TWO HOUSES.--The National legislature, or +Congress, consists of a Senate or upper chamber, and a House of +Representatives or lower chamber. + +Several factors are responsible for this division of Congress into two +houses. Undoubtedly the framers of the Constitution were influenced by +the fact that the British Parliament and nearly all of the colonial +legislatures consisted of two houses. A second factor is that in the +opinion of the Fathers, a two-chambered legislature would allow each +house to act as a check upon the other. Finally, the creation of a +two-chambered legislature was necessary in order to reconcile the +conflicting desires of the large and the small states. During the +Constitutional Convention two opposing factions were brought together +by the creation of a two-chambered legislature, in the upper house of +which the states were to be represented equally, and in the lower +house of which representation was to be on the basis of population. + + +A. THE SENATE + +535. TERM AND QUALIFICATIONS OF SENATORS.--Two Senators are chosen +from each state, regardless of population. The senatorial term is six +years. In order to make the Senate a permanent body, membership is so +arranged that one third of the Senators retire every two years. The +Federal Constitution provides that Senators must be at least thirty +years of age. In addition, a Senator must have been nine years a +citizen of the United States, and he must be an inhabitant of the +state from which he is chosen. The Senate alone is judge of the +qualifications of its members. + +With respect to the Senate, two disqualifications are imposed by the +Federal Constitution. No one holding a Federal office may stand for +election as Senator. Nor may any person become a Senator who has taken +part in a rebellion against the United States after having taken an +oath as a government officer to support the Constitution. + +536. THE ELECTION OF SENATORS.--Previous to 1913 Senators were chosen +by the various state legislatures, according to the provisions of the +Federal Constitution. [Footnote: Article I, Section III.] This method +proved unsatisfactory. Demoralizing political battles often took place +in the state legislatures in the effort to select the states' Senators +to Congress. Sometimes, even after a long struggle, no candidate was +able to secure a majority, and a deadlock occurred. Thus, on the one +hand, a state might be deprived of representation in the Senate for +weeks or months, while, on the other hand, the attention of the +legislature was so distracted by the senatorial struggle that purely +state interests suffered. As the result of a long agitation growing +out of these evils, the Federal Constitution was amended (1913) to +permit the direct election of Senators. + +Since 1913, then, any person may vote directly for Senator who, under +the laws of his state, is qualified to vote for members of the more +numerous branch of the state legislature. When, for any reason, a +vacancy occurs in the representation of any state in the Senate, the +Governor of the state issues a writ of election to fill such vacancy. +Provided the state legislature grants the authority, the Governor also +may appoint some person to serve as Senator until the vacancy is +filled by popular election. Senators are generally reflected, and at +the present time the average term of service is not six, but about +twelve years. + +537. PRIVILEGES AND IMMUNITIES OF SENATORS.--By the terms of the +Constitution, Senators are paid out of the national treasury an amount +to be determined by statute. At present both Senators and members of +the House of Representatives receive $7500 a year, plus an allowance +for travelling expenses, clerk hire, and stationery. Except in case of +treason or breach of the peace, Senators and Representatives are +immune to arrest during attendance at the sessions of their respective +houses, and in going to and returning from the same. Both Senators and +Representatives likewise enjoy freedom of speech and debate in their +respective houses. In either chamber only the house itself may call +members to account for their statements during the legislative +session. No member of Congress may be prosecuted in the courts for +libel or slander on account of statements made in Congress, or for the +official publication of what he has said during the legislative +session. + + +B. THE HOUSE or REPRESENTATIVES + +538. MEMBERSHIP OF THE HOUSE.--Since the Senate is composed of two +Senators from each state, its membership has been relatively stable. +For a number of years there have been 96 Senators, two for each of the +forty-eight states of the Union. + +The membership of the House of Representatives, on the other hand, is +steadily increasing, because based upon population. The number of +Representatives to which any state is entitled depends upon its +population as ascertained every ten years by a Federal census. After +each census Congress determines the number of Representatives of which +the House shall consist. The population of the United States is then +divided by this number, and the quotient is taken as the ratio of +representation. The population of each state is then divided by this +ratio to discover the number of Representatives to which it is +entitled. As a single exception to this rule, the Constitution +provides that each state shall have at least one Representative +regardless of population. Thus Nevada, Arizona, Wyoming, and Delaware +are entitled to one Representative, whereas according to the above +rule they would now be denied representation. + +The present membership of the House of Representatives is 435. + +539. WHO MAY VOTE FOR REPRESENTATIVES.--The Federal Constitution +provides that members of the House of Representatives shall be chosen +by persons who, in their respective states, are qualified to vote for +members of the more numerous branch of the state legislature. Most +male and female citizens over twenty-one years of age may vote for +members of this more numerous branch, and hence for Representatives to +Congress. In a number of states, however, educational, property and +other qualifications are imposed. Certain types of criminals, the +insane, and the otherwise defective are regularly excluded. [Footnote: +For a fuller discussion of the suffrage, see Chapter XXXIII.] + +540. QUALIFICATIONS OF REPRESENTATIVES.--The Federal Constitution +declares that a Representative must be at least twenty-five years of +age. He must have been a citizen for at least seven years, and at the +time of his candidacy must also be an inhabitant of the state from +which he is chosen. The House itself determines whether or not these +qualifications have been met. No state may add to the constitutional +qualifications, but through the force of custom a Representative is +almost always a resident of the district which he is chosen to +represent. + +541. ELECTION OF REPRESENTATIVES.--The Federal Constitution permits +the legislatures of the several states to regulate the time, manner +and place of elections for its Representatives to Congress. + +However, the Constitution reserves to Congress the right to alter +these regulations at its discretion. This right has been exercised +several times. Congressional statute has provided that Representatives +shall be elected on the Tuesday following the first Monday in November +of even-numbered years, and that the election shall be by written or +printed ballot. It is also in accordance with Congressional statute +that Representatives are selected on the district plan, one +Representative being chosen from each Congressional district in the +state. Congress has furthermore provided that these districts shall be +of as nearly equal population as possible, and that they shall be +composed of "compact and contiguous territory." + +542. THE CONGRESSIONAL DISTRICT.--Subject to the above limitations the +legislature of each state may determine the boundaries of its +Congressional districts. The state legislature finds it necessary to +redistrict the state if the decennial census shows that the population +of the state has increased unequally in various sections, or in case +the apportionment act of Congress changes the state's representation. + +In many cases states have redistricted their territory for +illegitimate reasons. The Federal provision with reference to +contiguous territory has been loosely interpreted: in many cases +territory is held to be contiguous if it touches the district at any +point. The requirement that districts shall be of nearly equal +population has often been disregarded altogether. Since the state +legislature is controlled by the political party having a majority, +the dominant party can arrange the district lines so as to secure a +party majority in the greatest possible number of districts. This is +done by concentrating the opposition votes in a few districts which +would be hostile under any circumstances, and so grouping the +remaining votes as to insure for the dominant party a majority in +numerous districts. + +543. GERRYMANDERING.--The result of this illegitimate redistricting +has been to create districts of great irregularity. In 1812, when +Elbridge Gerry was Governor of Massachusetts, the Republican party was +in control of the state legislature. In districting the state so as to +win for themselves as many districts as possible, the Republicans gave +one of the Congressional districts a dragon-like appearance. To the +suggestion of a famous painter that this looked like a salamander, a +local wit replied that it was more nearly a Gerrymander. The term +"gerrymander" has since continued to be used to designate this type of +illegitimate redistricting. [Footnote: For the relation of +gerrymandering to the problem of minority representation, see Chapter +XXXV.] + +544. TERM OF REPRESENTATIVES.--Representatives are elected for two +years, the legal term commencing on the 4th of March following the +election. Except in the case of a special session, the actual service +of Representatives does not commence until the first Monday in +December, thirteen months after election. Members are frequently +reëlected, the average term being about four years. When for any +reason a vacancy occurs in the representation from any state, the +Governor may, on the authority of the Federal Constitution, issue a +writ of election to fill the vacancy. A special election is then held +in the district in which the vacancy has occurred, and the +Representative so chosen serves for the remainder of the +term. [Footnote: The privileges and immunities of Representatives are +similar to those of Senators. See Section 537 of this chapter.] + + +C. THE POWERS OF CONGRESS + +545. SPECIAL POWERS OF THE SENATE.--Of the three powers exercised +exclusively by the Senate, the power to approve treaties is one of the +most important. All treaties negotiated by the President must be +approved by a two-thirds vote of the Senate before becoming law. The +treaty may be approved or rejected as a whole, or it may be rejected +in part, and additional articles recommended as amendments. If changed +in form or content by the Senate the treaty does not become law until +both the President and the foreign power have assented to the +amendment or change. + +In order to become valid, a large number of Presidential appointments +must receive the approval of the Senate. [Footnote: See Chapter XL, +Section 518.] + +The Senate exercises a special judicial function in that it may sit as +a court of impeachment for the trial of persons whom the House of +Representatives has formally charged with treason, bribery, or other +high crimes and misdemeanors. Excluding military and naval officers, +who are tried by court-martial, and excluding also members of +Congress, who are subject only to the rules of their respective +houses, all Federal officers are subject to impeachment. Impeachment +requires a two-thirds vote of the Senators present. Removal from +office and disqualification to hold any office under the United States +is the heaviest penalty which can be imposed upon an impeached +official. + +546. SPECIAL POWERS OF THE HOUSE.--The House likewise enjoys three +special powers. + +One of these is the right to elect a President of the United States in +case no candidate has a majority of the electoral votes. This has +happened only twice, in 1800, and again in 1824. + +The Federal Constitution provides that all revenue bills must +originate in the lower house. However, the Senate has come to share +this power through its power to amend such bills. + +The House of Representatives has the sole power to prefer charges of +impeachment, that is to say, to present what may be called the +indictment against the accused official. The case is then tried before +the Senate, the House appointing a committee of its own members to act +as the prosecuting agency. + +547. GENERAL SURVEY OF THE POWERS OF CONGRESS.--The powers of +Congress, _i.e._ the two houses acting together, are of two kinds: +First, express powers, by which is meant those specifically enumerated +in the Federal Constitution; and second, implied powers, by which is +meant those which are incident to express powers and necessary to +their execution. The foundation of the doctrine of implied powers is +the constitutional clause [Footnote: Article I, Section VIII, of the +Constitution.] which authorizes Congress to make all laws "necessary +and proper" for carrying out the powers granted it by the Federal +Constitution. + +Grouping express and implied powers together, the more important +powers of Congress may be summarized as follows: + +_Revenue and expenditures_. Congress has the power to lay and collect +taxes, duties, imports, and excises, and to appropriate money in order +"to pay the debts and provide for the common defense and general +welfare of the United States." But indirect taxes must be uniform +throughout the United States, and all direct taxes, except income +taxes, must be apportioned among the states according to population. A +further limitation is that Congress may not tax exports from any +state, nor levy upon the "necessary instrumentalities" of any state +government. + +_National defense_. Here the powers of Congress are practically +unlimited, except by the constitutional provisions that the President +shall be commander-in-chief, and that military appropriations shall +not be made for more than two years. Congress can raise and support +armies, create and maintain a navy, and provide for the organization +and use of the state militia. Congress may also declare war, and make +rules concerning captures on land and sea. + +_Foreign relations_. Congress as a body has little direct control over +foreign relations, though the Senate shares the treaty-making power +with the President. But Congress has the power to create diplomatic +and consular posts, as well as "to define and punish piracies and +felonies committed on the high seas, and offences against the law of +nations." Congress also exercises control over immigration and +naturalization. + +_Economic interests_. Congress may regulate commerce with foreign +countries, among the several states, and with the Indian tribes. The +exclusive power to coin money, and otherwise control the monetary +system, is vested in Congress. Congress may make uniform laws on +bankruptcy throughout the United States, and fix the standards of +weights and measures. The establishment of post offices and post +roads, and the protection of authors and inventors through legislation +on patents and copyrights, are also functions of Congress. + +_Territories_. Congress has the power to dispose of, and make all +needful rules and regulations respecting, the territory or other +property belonging to the United States. Congress likewise exercises +exclusive control over the District of Columbia, and over all places +purchased by the Federal government for the erection of forts, +arsenals, and similar buildings. Congress also has the right to +determine the admission to the Union of new states, and "to dispose of +and make all needful rules and regulations respecting the territory or +other property belonging to the United States." + +_Crime_. In criminal matters the power of Congress is slight. For +example, it cannot say what constitutes treason, since that crime is +defined by the Constitution. However, Congress may provide for the +punishment of counterfeiters and persons committing crimes on the high +seas or offences against international law. It may also define certain +crimes against Federal law, and prescribe penalties therefor. + +_Control over the judiciary_. The judiciary is an independent branch +of government, but Congress may determine the number of Supreme Court +judges, fix their salaries within certain limits, and define their +appellate jurisdiction. Congress may also determine the jurisdiction, +and define the procedure, of the inferior Federal courts. + +_Implied powers_. Last among the powers of Congress is the authority +granted to it by the Constitution to make all laws which shall be +deemed necessary and proper for carrying into execution the powers +expressly granted to Congress by the Constitution. It is under the +authority of this clause, that the implied powers of Congress have +been so greatly expanded. + + +QUESTIONS ON THE TEXT + +1. What influences are responsible for the fact that Congress is a +two-chambered body? + +2. Discuss the term and qualifications of Senators. + +3. How were Senators elected prior to 1913? How are they elected at +the present time? + +4. What are the chief privileges and immunities of Senators? + +5. Discuss the membership of the House of Representatives. + +6. What is the nature of the Congressional district? + +7. What are the qualifications for Representatives? + +8. Who may vote for Representatives? + +9. What is gerrymandering? + +10. What three powers are exercised exclusively by the Senate? + +11. What are the special powers of the House? + +12. Under what two heads may the general powers of Congress be +classified? + +13. Outline briefly the chief powers of Congress. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xiii. + +2. Guitteau, _Government and Politics in the United States_, chapters +xxii and xxiii. + +3. Munro, _The Government of the United States_, chapter xiv. + +4. Reed, _Form and Functions of American Government_, chapter xxi. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What was the Connecticut compromise? (Guitteau, pages 248-249.) + +2. Why does the Constitution provide that one third of the Senate +shall retire every second year? (Reed, page 255.) + +3. What criticism has been brought against the principle of the equal +representation of states in the Senate? (Guitteau, page 249.) + +4. Compare the growth of the Senate with the growth of the House of +Representatives. (Reed, page 258.) + +5. What is the relative position of the two houses of Congress? (Reed, +pages 257-258.) + +6. What is the right to "frank"? (Reed, page 258.) + +7. What are the "supplementary" powers of Congress? (Munro, page 217.) + +8. What are the powers of Congress with respect to weights and +measures? (Beard, page 259.) + +9. What was Jefferson's attitude toward the powers of Congress? +(Munro, page 209.) + +10. What is the scope of the implied powers of Congress? (Munro, page +214.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Congressional districts in your state. + +2. The biography of one of the Senators representing your state in +Congress. + +3. Make a study of your Representatives in Congress, with respect to +their age, length of service, political principles, and attitude +toward such national questions as the tariff, military defense and +taxation. + +4. A brief comparison of Congress with your state legislature. + + +II + +5. Place of the Senate in our National government. (Reinsch, _Readings +on American Federal Government_, pages 127-134.) + +6. The House of Representatives in the United States compared with the +British House of Commons. (Kaye, _Readings in Civil Government_, pages +149-155.) + +7. Gerrymandering. (Beard, _Readings in American Government and +Politics_, pages 219-220; see any other standard text on American +Government.) + +8. The immunities of Congressmen. (Cleveland, _Organized Democracy_, +chapter xxvii.) + +9. Relation of the two houses of Congress. (Bryce, _The American +Commonwealth_, vol. i, chapter xviii.) + +10. The Senate as a judicial body. (Bryce, _The American +Commonwealth_, vol. i, chapter x.) + +11. Constitutional limitations on the powers of Congress. (Munro, _The +Government of the United States_, chapter xx.) + +12. Relation of Congress to the President. (Bryce, _The American +Commonwealth_, vol. i, chapter xx.) + +13. The war powers of Congress. (Any standard text on American +government.) + +14. The taxing power of Congress. (Any standard text on American +government.) + +15. Other financial powers of Congress. (Any standard text on American +government.) + +16. The power to regulate commerce. (Any standard text on American +government. An excellent reference is Munro, _The Government of the +United States_, chapter xvii.) + +17. The postal powers of Congress. (Young, _The New American +Government and its Work_, chapter xiii.) + +18. The control of Congress over territories. (Kimball, _The National +Government of the United States_, chapter xxii. See also any other +standard work on American government.) + + +FOR CLASSROOM DISCUSSION + +19. Direct versus indirect election of Senators. + +20. To what extent, if to any, should Congressmen consider the needs +of their local district as of more importance than the needs of the +nation as a whole? + +21. Should the interval between the election of Representatives and +the meeting of Congress be shortened? + +22. Should we retain equal representation of states in the Senate, or +should this principle be discarded as "undemocratic"? + + + + +CHAPTER XLIII + +CONGRESS IN ACTION + + +A. ORGANIZATION OF CONGRESS + +548. CONGRESSIONAL SESSIONS.--The Federal Constitution requires +Congress to assemble at least once a year, and Congress has provided +that the date of meeting shall be the first Monday in December. In +addition to such special sessions as may be called either by the +President or by Congress itself, there are two regular sessions. One +of these is the long session, from December of each odd year until +Congress adjourns, generally sometime during the following summer. The +other is the short session, beginning when Congress assembles in +December of each even year, and ending at noon on the 4th of March +following. + +The two houses of Congress jointly fix the time for adjournment, but +in case they cannot agree upon this point, the President has the right +to adjourn them to such time as he thinks fit. During the +congressional session, neither house may, without the consent of the +other, adjourn for more than three days, nor to any other place than +that in which the two houses are sitting. Since 1800 congressional +sessions have regularly been held at Washington, D. C., the National +capital. + +549. INTERNAL ORGANIZATION.--Each house of Congress has the right to +determine its own rule of practice, punish members for disorderly +conduct, and, by a two-thirds vote, expel a member. Members guilty of +acts of violence or abusive language may be punished by a vote of +censure, or may be obliged to apologize to the house. For the +commission of a grave offense, a Congressman may be expelled from the +house to which he was elected. + +The Constitution requires that "each house shall keep a journal of +its proceedings, and from time to time publish the same, excepting +such parts as may in their judgment require secrecy; and the yeas and +nays of the members of either house shall, at the desire of one fifth +of those present, be entered upon the journal." The object of this is +to secure a permanent record of legislative action, as well as +publicity of proceedings. The vote by yeas and nays fixes +responsibility for his vote upon each member by making it a matter of +public record. The _Congressional Record_, an official account of +Congressional debates and proceedings, appears daily during +Congressional sessions. This is supposedly a verbatim report of what +is said in each house, but as a matter of fact members are allowed to +edit and revise their remarks before these are printed. In the case of +the House, many of the published speeches have never been delivered at +all. + +550. THE OFFICERS OF CONGRESS.--In the House of Representatives the +chief officer is the Speaker, or presiding officer. The Speaker is +chosen from the membership of the House by that body itself. As will +be pointed out shortly, this officer is an important personage. + +In the Senate the Vice President of the United States acts as the +presiding officer. In the absence of the Vice President, or in case +that officer succeeds to the Presidency, the Senate itself chooses a +president _pro tempore_ to occupy the chair. The presiding officer of +the Senate is much less powerful than the Speaker of the House, indeed +he is little more than a chairman or moderator. + +There are a number of additional officers of Congress, who are chosen +by the respective houses from outside their own membership. These +officers include a clerk, who in the Senate is called the secretary; +the door-keeper; the sergeant-at-arms; the postmaster; and the +chaplain. Nominally these officers are chosen by each house, but as a +matter of practice the choice is made by the caucus of the majority +party, which is held a few days before the organization of each house. + +551. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.--A few days before +the organization of the House, the caucus of the majority party +settles upon its choice for Speaker. The candidate chosen invariably +receives the solid vote of his party in the House, since it is a rule +of the caucus that party members who take part in its discussions must +abide by its decisions. + +As chairman of the House, the Speaker performs the customary duties of +a presiding officer. He opens and closes the sittings of the House, +maintains order, and decides questions of parliamentary law. The +Speaker acts as the official representative of the House in its +collective capacity, and authenticates all official proceedings by his +signature. It is he who announces the order of business, states the +question, and announces the vote. He also has the right to appoint the +chairman of the committee of the whole. The Speaker takes part in +debate and may also vote. + +552. POWER OF THE SPEAKER OVER LEGISLATION.--In addition to performing +the customary duties of a presiding officer, the Speaker possesses +important powers over legislation. The imperfect organization of the +House, and its lack of effective leadership, as well as the vast +amount of business coming before it, have tended to centralize much of +the legislative power of the House in the hands of this officer. + +The Speaker of the House has the power to determine to which committee +a bill shall be referred. Thus he may determine the fate of a measure +by sending it to a committee which he knows to be hostile to the bill, +or to a friendly committee, just as he likes. + +It is the Speaker who decides when a member is entitled to the floor, +and no motion or speech can be made except by a member who has been +duly recognized by the chair. There are a number of unwritten rules in +this regard, but in the last analysis the Speaker may recognize only +persons whom he desires to have speak. Thus Congressmen who are not of +the Speaker's party may be kept from making themselves heard upon +important measures. When a bill is before the House, the chairman of +the committee in charge of the measure usually hands the Speaker a +list of Congressmen who are to be heard upon the floor. By recognizing +only those whose names appear on this list, the Speaker may confine +the discussion to members who are favored by himself and his party. + +The Speaker has the power to decide points of order, and otherwise to +deal with such obstructions to legislative business as the +filibustering tactics of the minority party. Often this power is +exercised in connection with the quorum. The quorum or number of +members who must be present in order that business may be transacted, +is fixed by the Constitution as a majority of each house. Formerly it +was the habit of minority members to remain silent at roll-call, so +that if several members of the majority party were absent, it might be +that no quorum would appear. In such a case legislative business would +be blocked. But in 1890 Speaker Reed adopted the practice, since +become invariable, of counting as present members actually in the +House, whether or not they respond to their names at roll-call. The +Speaker also checks filibustering by disregarding all motions and +appeals which he thinks are made simply for the purpose of obstructing +legislative business. + +553. THE COMMITTEE ON RULES.--Of great importance in the House is the +committee on rules. This committee has the power to decide upon the +order for considering bills, and to determine the length of debates. +It also determines the time when the vote shall be taken. This it does +by "reporting a rule," that is to say, by presenting a report as to +the time and conditions under which the House shall consider a +measure. This report takes precedence over all other business. Thus +the fate of a bill may be determined by the committee on rules. + +Previous to 1910 this committee consisted of the Speaker, and two +majority and two minority members named by the Speaker. But in the +61st Congress, there occurred what has been called the "revolution of +1910." This "revolution" opposed Speaker Cannon's policy of using for +personal and partisan purposes his power to appoint the other members +of the committee on rules. As the result of a violent agitation the +House finally placed marked restrictions upon the Speaker's control +over the committee. The membership of the committee on rules was +increased, first to ten, and then to twelve. Of these twelve members +eight belong to the majority party and four are minority members. The +committee is no longer chosen by the Speaker, but is selected by the +House itself. The Speaker is even excluded from membership in the +committee. + +554. THE CONGRESSIONAL COMMITTEE SYSTEM. [Footnote: For a discussion +of the advantages and disadvantages of the committee system see +Chapter XXXVI.]--In both houses of Congress the assembly is divided +into a number of committees, each of which is charged with the +consideration of legislation dealing with particular subjects. +Previous to 1911 the Speaker appointed all House committees, but since +that date all committees have been chosen by the House as a body, +though in practice the decisions are made by the caucuses of the +majority and minority parties, held just before the organization of +the House. Similarly, the Senate chooses its own committees from lists +drawn up by the caucuses of the two political parties. In either +house, the minority party has such representation upon committees as +the majority party chooses to allow. There are in the House more than +fifty of these committees, while in the Senate the number is even +larger. In the House of Representatives the more important committees +are those on rules, ways and means, appropriations, judiciary, banking +and currency, interstate and foreign commerce, and rivers and harbors. + + +B. THE MAKING OF A FEDERAL LAW [Footnote: A more detailed account of +the law-making process may be found in Reed, _Form and Functions of +American Government_, Chapter XXII.] + +555. HOW LEGISLATION IS INITIATED.--The course of congressional +legislation may be illustrated by following a bill through the House +of Representatives. + +Any member of the House may introduce a bill by filing it with the +clerk. The title of the bill is printed in the _Journal and Record_, +this constituting a first "reading." The bill is then delivered to the +Speaker, who refers it to the proper committee. Once a bill has +been passed to the committee its fate rests largely with that body. +The committee may confer with certain administrative officers, listen +to individuals interested in the subject, summon and examine other +persons, and then reach a decision upon the bill. The committee may +amend the bill as it pleases. If unfavorable to the measure, the +committee may report it adversely, or too late for legislative action. +Indeed, it may even fail to report it at all. Theoretically the House +may overrule the committee's decision on a bill, but so generally are +the committee's recommendations followed by the House that the adverse +action of the committee virtually kills a bill. + +556. THE BILL IS REPORTED TO THE HOUSE.--Let us suppose that the +committee reports the bill back to the House. The measure is then +placed upon a calendar and here awaits its turn, unless the committee +on rules sees fit to direct the immediate attention of the House to +it. The second reading is an actual and full reading of the bill for +the purpose of allowing amendments to be offered. After the second +reading, which may result in the adoption of amendments, the Speaker +puts the motion, "Shall the bill be engrossed and read a third time?" +Debate is then in order. If the vote which follows is in the +affirmative, the bill is read a third time, but only by title. The +question of passage is put by the Speaker immediately after the third +reading. + +557. DEBATE UPON THE BILL.--Debate in the House of Representatives has +little influence upon most bills, the fate of a measure being +practically determined by the committee considering it. Most speeches +are frankly intended for political purposes, and for circulation in +the Congressional Record, rather than as actual and positive +influences upon the bill which is being discussed. + +Debate in the House is limited in several ways. No member may spend +more than an hour in debate upon any question, except the member in +charge of the bill. This member may have an additional hour at the +close. In the committee of the whole, speeches are limited to five +minutes. No member may speak more than once on the same subject +without special permission from the chair. The single exception to +this rule is the member who has introduced the bill. Before debate +begins, the chairman of the committee in charge of the bill arranges, +in consultation with the Speaker, a list of members who are to be +heard upon the bill. No other members are ordinarily recognized by the +Speaker in the ensuing debate. + +After a certain amount of discussion the member in charge of the bill +will generally move the previous question in order to cut short the +debate and bring the House to a direct vote upon the question. + +558. THE VOTE.--In the House voting may be by any one of three +methods. Voting may be by "sound of voices." In this case the Speaker +calls in turn for the "ayes" and "noes," and decides by the volume of +the sound whether the motion has been carried or lost. This is usually +the method first employed, but either of the other two methods may be +demanded before or after voting by sound of voices has been employed. + +Voting may be by tellers. When this is decided upon the members pass +between tellers appointed by the Speaker--those in the affirmative +first--and are counted. This method requires the demand of one fifth +of a quorum. + +Voting may be by yeas and nays. In this event, the clerk calls the +roll and each member, as his name is reached, answers "aye" or "no," +the vote then being recorded. The Constitution provides that one fifth +of the members present may demand the yeas and nays. Since it takes a +long time to call the roll of the House, demands for roll-calls are +frequently employed by minorities with the intent of obstructing +legislative business. + +559. THE BILL GOES TO THE SENATE.--A bill defeated in the House never +reaches the Senate, of course. + +But if it receives a majority vote in the House, it is engrossed and +sent to the Senate. Here the bill goes through practically the same +stages as in the House. [Footnote: In the Senate, however, debate is +unlimited.]If the Senate rejects the bill, the measure is dead. If the +Senate passes the bill without amendment, it is returned to the House, +and enrolled on parchment for signature by the President. If the +Senate amends the bill, the bill and the attached amendments are +returned to the House. If the House disagrees with the proposed +changes, it may either ask for an inter-house conference, or it may +simply send a notice of its disagreement to the Senate. In the latter +case, the Senate either reconsiders its amendments, or asks for a +conference. In case of a conference, each house appoints an equal +number of "managers," who arrive at some sort of compromise, and +embody this in a report. This report is acted upon by each house in +separate session. + +560. THE BILL GOES TO THE PRESIDENT.--Bills killed in Congress never +reach the President, but a measure duly approved by both houses is +then sent to the chief executive for his approval. If he signs it, the +bill becomes law. If he does not approve it, he may return it with his +objections to the house in which it originated. If this house votes +for the passage of the measure by a two-thirds majority, and if this +action is concurred in by the other house, the measure becomes law +over the veto of the President. If the President neither signs nor +returns the measure within ten days, it automatically becomes law. +However, measures reaching the President during the last ten days of +the congressional session become law only if signed by him. His +failure to sign a bill reaching him under these circumstances +constitutes a "pocket veto." + + +QUESTIONS ON THE TEXT + +1. Distinguish between the two regular sessions of Congress. + +2. Describe the internal organization of the houses of Congress. + +3. Name and briefly characterize the chief officers of Congress. + +4. What are the customary duties of the Speaker of the House? + +5. By what means does the Speaker influence legislation? + +6. What is the nature and function of the committee on rules? What +changes in the character of this committee occurred in 1910? + +7. Outline the organization of the Congressional committee system. + +8. How may a bill be introduced into the House of Representatives? + +9. Outline the steps in enacting a Federal law. + +10. Discuss the nature and limits of the Presidential veto. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xiv. + +2. Guitteau, _Government and Politics in the United States_, chapter +xxiv. + +3. Munro, _The Government of the United States_, chapter xxi. + +4. Reed, _Form and Functions of American Government_, chapter xii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the relation of party organization to leadership in +Congress? (Beard, pages 267-269.) + +2. Discuss the constitutional rights of the minority in the House +of Representatives. (Beard, pages 288-289.) + +3. What is the influence of the Senate upon our national financial +policy? (Munro, pages 307-308.) + +4. What are the chief advantages of the committee system? (Guitteau, +pages 275-276.) + +5. What are the chief defects of this system? (Guitteau, pages 275- +276.) + +6. What effect has the practice of unlimited debate in the Senate +had upon legislative business? (Beard, pages 275-276.) + +7. What is one of the most important defects of Congressional +legislation? (Munro, pages 310-311.) + +8. What is the "morning hour"? (Reed, page 273.) + +9. What is done with a bill which the President has signed? (Reed, +page 277.) + +10. To what extent is Congress responsive to Public Opinion? (Munro, +page 299.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Compare the internal organization of Congress with the organization +of your state legislature. + +2. Compare the officers of Congress with the officers of your state +legislature. + +3. Compare the committee system of Congress with the committee system +in your state legislature. + +4. Compare the practice of debate in the National House of +Representatives with the use of debate in the lower house of your +state legislature. + +5. Compare Congress with your state legislature with respect to volume +of legislation. + +6. The business of Congress. (McCall, _The Business of Congress_.) + +7. Rules of the Senate. (_Manual of the Senate_.) + +8. The Senate at work. (Bryce, _The American Commonwealth_, vol. i, +chapter xii.) + +9. Rules of the House of Representatives. (_Manual of the House of +Representatives_.) + +10. The Speaker of the House. (Follett, _The Speaker of the House of +Representatives_.) + +11. Leadership in the House. (Beard, _American Government and +Politics_, pages 280-286.) + +12. The career of Speaker Clay, Blaine, Reed, or Cannon. (Consult an +encyclopedia, or special biographies of these Speakers.) + +13. The House of Representatives at work. (Bryce, _The American +Commonwealth_, vol. i, chapter xiv.) + +14. Congressional finance. (Bryce, _The American Commonwealth_, vol. +i, chapter xvii.) + +15. The committee system in Congress. (Bryce, _The American +Commonwealth_, vol. i, chapter xv; McCall, _The Business of Congress_, +chapters in and v.) + +16. An Englishman's view of legislation in the Congress of the United +States. (Bryce, _The American Commonwealth_, vol. i, chapter xvi.) + + +FOR CLASSROOM DISCUSSION + +17. Should the Speaker of the House be deprived of the power to refer +bills to whatever committee he chooses? + +18. Should the powers of the presiding officer of the Senate be +increased? + +19. Is debate in the House of Representatives too greatly restricted? + +20. Should the privilege of "franking" be restricted? + +21. Should the President's power to veto bills be extended? Should it +be restricted? + + + + +CHAPTER XLIV + +THE FEDERAL COURTS + + +A. FRAMEWORK OF THE FEDERAL COURTS + +561. CONSTITUTIONAL BASIS OF THE FEDERAL JUDICIARY.--The Federal +Constitution makes only slight reference to the structure of the +Federal courts. It merely provides that the judicial power of the +United States shall be vested in one Supreme Court, and in such +inferior courts as Congress may from time to time ordain and +establish. + +In accordance with this provision, Congress in 1789 passed the +Judiciary Act, which still forms the basis of our Federal judicial +system. The Judiciary Act provided for the organization of the Supreme +Court, and also created a system of circuit and district courts. It +likewise distributed Federal jurisdiction among the three grades of +courts, established the office of Attorney General, and provided for a +Federal marshal in each judicial district. In order to relieve the +Supreme Court of part of its appellate jurisdiction, Congress in 1891 +created nine circuit courts of appeals. In 1912, Congress abolished +the circuit courts which had been established by the Act of 1789. + +At the present time, thus, there are three grades of Federal courts: +the Supreme Court, nine circuit courts of appeals, and eighty-one +district courts. In addition there are several special Federal courts. + +562. FEDERAL JUDICIAL AGENTS.--All Federal judges are appointed by the +President, subject to confirmation by the Senate. They hold office for +life, or during good behavior. Since Federal judges can be removed +from office only by impeachment, they are relatively independent, both +of the appointing power and of the popular will. + +Judges receive salaries which may be increased, but which cannot be +diminished, during their term of office. Each of the eight associate +justices of the Supreme Court receives an annual salary of $14,500, +while the Chief Justice receives $14,900 a year. Circuit judges +receive a salary of $7000 a year. Each district court judge receives +$6000 a year. Upon reaching the age of seventy years, any Federal +judge who has held his commission for at least ten years, may resign +and continue to draw full salary during the remainder of his life. + +Some additional judicial agents may be mentioned. In each Federal +judicial district there is an United States marshal, who is charged +with the duty of enforcing the orders of the court. There is also in +each district a Federal prosecutor, who has the title of United States +district attorney. It is this officer who institutes proceedings +against persons violating Federal law. Both marshals and district +attorneys work under the direction of the Attorney-General of the +United States. + +563. THE SUPREME COURT.--At the head of the Federal judicial system +stands the Supreme Court. This tribunal holds its annual sessions at +Washington, D. C., usually from October until May. By far the most +important business coming before this court involves questions of +constitutional law. [Footnote: Jurisdiction over questions of +constitutionality is a form of appellate jurisdiction. In addition, +the Supreme Court has original jurisdiction in (1) cases affecting +diplomatic and consular officers, and (2) cases to which a State is a +party. In practice, however, the original jurisdiction of the Supreme +Court has been relatively unimportant. ] Cases involving questions of +constitutionality are always brought up to the Supreme Court, from +either the lower Federal courts, or from the state courts. Cases of +this kind are brought before the Supreme Court either on appeal or by +writ of error. + +When a case is submitted to the Supreme Court, each justice makes an +independent study of it, and a conference is then held, in which the +various sides of the question are discussed and a decision reached. +The Chief Justice then requests one of his colleagues to prepare the +"opinion of the court," containing the conclusions reached by the +majority. In important cases, the disagreeing minority prepares a +"dissenting opinion," setting forth their reasons for believing that +the case should have been decided otherwise. This dissenting opinion +does not, however, affect the validity of the decision reached by the +majority of the justices. + +564. THE CIRCUIT COURT OF APPEALS.--The United States is divided into +nine circuits, in each one of which a Circuit Court of Appeals +exercises jurisdiction. The Circuit Court consists of three judges. As +a general proposition this court has appellate jurisdiction to review +the decisions of the district courts, but in some instances cases may +be taken from the district courts directly to the Supreme Court of the +United States. In cases in which jurisdiction results from the fact +that the suit is one between an American citizen and an alien, or +between citizens of different states in the Union, the decision of the +Circuit Court of Appeals is generally final. The jurisdiction of this +court is also final in all cases arising under the revenue, patent, +and copyright laws of the United States. + +565. THE DISTRICT COURT.--The lowest of the regular Federal courts is +the District Court. One of these courts exists in each of the eighty- +one districts into which the country is divided. For each district +court there is generally a separate district judge, who holds court at +one or more places within the district. + +The matters which may be brought before a Federal District Court are +various. Among other things, the jurisdiction of the court extends to +all crimes and offenses cognizable under the authority of the United +States, cases arising under the internal revenue, postal and copyright +laws, proceedings in bankruptcy, all suits and proceedings arising +under any law regulating immigration, and also all suits and +proceedings arising under any law to protect trade and commerce +against monopoly. + +566. SPECIAL FEDERAL COURTS.--Besides the three sets of Federal +courts described above, Congress has from time to time created a +number of special courts. + +The Court of Claims was created in 1855. It consists of five justices, +sitting at Washington, and exercising jurisdiction over cases +involving claims against the United States. + +In 1911 Congress created the Court of Customs Appeals, consisting of +five judges who may review the decisions of the Board of General +Appraisers with respect to the classification and taxation of imports. + +Congress has also provided a system of territorial courts to handle +cases arising in the territories and in the District of Columbia. + +Courts-martial for the trial of military and naval offenses have also +been provided for by congressional statute. + + +B. THE FEDERAL COURTS IN ACTION + +567. JURISDICTION OF THE FEDERAL COURTS.--The Federal courts exercise +limited, rather than general, jurisdiction. That is to say, they have +authority to try only such cases as are specifically placed within +their jurisdiction by the Constitution, or by congressional statute. +Cases falling within the jurisdiction of the Federal courts may be +grouped under two heads: First, cases affecting certain parties or +persons, and second, cases relative to certain matters. + +Under the first head may be grouped cases affecting ambassadors, other +diplomatic representatives, and consuls. In the same group are +controversies to which the United States is a party, controversies +between two or more states, controversies between a state and the +citizens of another state, controversies between citizens of different +states, and controversies between a state, or the citizens thereof, +and foreign states, citizens or subjects thereof. + +Under the second head fall three types of cases: First, controversies +between citizens of the same state claiming lands under grants of +different states. Second, cases of admiralty and maritime +jurisdiction, and third, cases in law or equity arising under the +Constitution or laws of the United States, or treaties made under +their authority. + +568. THE WRIT OF HABEAS CORPUS. [Footnote: For the general arrangement +of the material in Sections 568-570, I am indebted to Professor +Beard's _American Government and Politics_, to which text +acknowledgment is here made.]--In the exercise of their judicial +functions the Federal courts have the power of issuing three great +writs affecting the rights of citizens. + +Of these the most famous is the writ of _habeas corpus_. This writ is +designed to secure to any imprisoned person the right to have an +immediate preliminary hearing for the purpose of discovering the +reason for his detention. Where the writ is properly issued, the +prisoner is brought into court for a summary examination. If it is +found that he has been detained in violation of law, he is released; +if not, he is remanded for trial. + +Federal judges may not issue writs of _habeas corpus_ +indiscriminately. A writ can be issued only in the following cases: +First, when a prisoner is in jail under Federal custody or authority; +second, when an individual is in jail for some act done or omitted in +pursuance of a law of the United States or the order, process, or +decree of some Federal court or judge; third, when an individual has +been detained because of violation of the Constitution or some law or +treaty of the United States; and fourth, when a citizen of a foreign +country claims to be imprisoned for some act committed with the +sanction of his government. + +569. THE WRIT OF MANDAMUS.--The writ of mandamus may be used against +public officials, private persons, and corporations, for the purpose +of forcing them to perform some duty required of them by law. Properly +used, the writ of mandamus is called into action to compel executive +officers to perform some administrative duty. The court will not +intervene, however, where the duty is purely discretionary and its +performance dependent either upon the pleasure of the official, or +upon his interpretation of the law. Usually the applicant for a writ +of mandamus must show that he has no other adequate legal remedy, and +that he has a clear legal right to have the action in question +performed by the officer. + +570. THE WRIT OR BILL OF INJUNCTION.--This writ may be of several +distinct types. It may take the form of a mandatory writ, ordering +some person or corporation to maintain a _status quo_ by performing +certain acts. For example, striking railway employees may be ordered +to continue to perform their regular and customary duties while +remaining in the service of their employer. + +The injunction may take the form of a temporary restraining order +forbidding a party to alter the existing condition of things in +question until the merits of the case have been decided. This is often +used in labor disputes. + +Sometimes the writ is in the form of a permanent injunction ordering a +party not to perform some act, the results of which cannot be remedied +by any proceeding in law. This, too, has often been used in labor +disputes. + +571. JUDICIAL INTERPRETATION OF THE STATUTES.--The crowning feature of +the American judiciary is its power to pass upon the constitutionality +of state and Federal laws. The Constitution does not give to the +courts the power to declare state or Federal statutes invalid on the +ground that they conflict with the Federal Constitution, but in the +famous case of Marbury _v._ Madison in 1803, Chief Justice Marshall +demonstrated that under the Constitution the Supreme Court must +possess the power of declaring statutes null and void when they +conflict with the fundamental law of the land. In deciding against the +validity of a law, the court does not officially annul it, but merely +refuses to enforce the statute in the particular case before the +court. Thereupon, the executive officials who might be charged with +the administration of that particular law, neglect to enforce it. + +572. GENERAL POLICY OF THE FEDERAL COURTS.--The Federal courts have +consistently refused to decide abstract questions not presented in the +form of a concrete case between parties to an actual suit. The Supreme +Court, for example, will take no notice of a statute until the +question of its constitutionality arises in the form of a concrete +case. + +The Federal courts have consistently refused to interfere in purely +political questions, the decision of which rests with executive or +legislative authorities. For example, the court will not touch +questions of the existence of war or peace, or the admission of a new +state into the Union. + +In reaching a decision, two forces are brought to bear upon the +courts. First, the character of previous decisions in similar or +analogous cases influences a decision. Second, important consideration +is given the demands of justice or equity in the particular case in +hand, regardless of precedent. Generally speaking judicial decisions +strike a course midway between these two extremes. + + +QUESTIONS ON THE TEXT + +1. What does the Federal Constitution say concerning the structure of +the Federal courts? + +2. What act forms the basis of our Federal judicial system? + +3. How are Federal judges chosen, and what are their salaries? + +4. Name some judicial agents other than judges. + +5. What is the nature and function of the Supreme Court? + +6. What is the nature and function of the Circuit Court of Appeals? +Over what cases has it jurisdiction? + +7. What matters may be brought before the District Court? + +8. What is the purpose of the Court of Claims? + +9. Name some other special Federal courts. + +10. What two classes of cases fall within the jurisdiction of the +Federal courts? + +11. What is the nature and purpose of the writ of _habeas corpus_? + +12. What is the purpose of the writ of mandamus? + +13. What three forms may the writ or bill of injunction take? + +14. What is the crowning feature of the American judicial system? + +15. Outline the general policy of the Federal courts. + +16. What two forces help determine a decision? + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xv. + +2. Guitteau, _Government and Politics in the United States_, chapter +xxviii. + +3. Munro, _The Government of the United States_, chapter xxiv. + +4. Reed, _Form and Functions of American Government_, chapter xxiii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Into what two branches may law be divided? (Munro, page 355.) + +2. What is equity? (Munro, page 351.) + +3. What are the judicial functions of the Attorney-General of the +United States? (Beard, page 300.) + +4. What different grades of law are administered in the Federal +courts? (Guitteau, page 338.) + +5. Discuss the part played by partisan politics in judicial decisions. +(Beard, pages 310-312.) + +6. What classes of people are exempted from jury service? (Munro, page +354.) + +7. Distinguish between the original and the appellate jurisdiction of +the Supreme Court. (Guitteau, pages 334-335.) + +8. How are cases presented to the Supreme Court? (Beard, page 296.) + +9. What is the significance of the Marbury v. Madison case? (Reed, +page 284.) + +10. Name some other historical decisions which have been handed down +by the Supreme Court. (Guitteau, pages 339-340.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Make a study of the Federal judicial district in which you live, +with respect to territory embraced in the district, names and powers +of Federal judicial agents, etc. + +2. If possible, visit a near-by Federal court and observe the conduct +of a trial. + + +II + +3. The American doctrine of judicial supremacy. (Haines, _The American +Doctrine of Judicial Supremacy_.) + +4. The American system of courts compared with the European system of +courts. (Bryce, _The American Commonwealth_, vol. i, chapter xxv.) + +5. Restraints on judicial officers in the United States. (Cleveland, +_Organized Democracy_, chapter xxxiii.) + +6. Procedure in the United States Supreme Court. (Reinsch, _Readings +on American Federal Government_, pages 716-717.) + +7. The courts and the Constitution. (Beard, _The Supreme Court and the +Constitution_; Bryce, _The American Commonwealth_, vol. i, chapter +xxiii.) + +8. The constitutionality of government regulation of commerce, +(Goodnow, _Social Reform and the Constitution_, chapter vi.) + +9. Attitude of the courts toward social legislation. (Goodnow, _Social +Reform and the Constitution_, chapter viii.) + +10. The Marbury v. Madison case. (Consult an encyclopedia.) + +11. The Dartmouth College case. (Consult an encyclopedia.) + +12. The life of John Marshall. (Consult an encyclopedia.) + +13. Characteristics of a good judge. (Kaye, _Readings in Civil +Government_, pages 247-250.) + +14. Evolution of the judiciary. (Gettell, _Introduction to Political +Science_, chapter xx.) + +15. Relation of the judiciary to the executive branch of government. +(Gettell, _Introduction to Political Science_, chapter xx.) + +16. Relation of the judiciary to the legislative branch of government. +(Gettell, _Introduction to Political Science_, chapter xx.) + + +FOR CLASSROOM DISCUSSION + +17. Should Federal judges enjoy life terms, or should their terms of +service be limited to a specific number of years? + +18. Did the framers of the Constitution intend that the Supreme Court +should pass upon the constitutionality of Acts of Congress? (See +Beard, _The Supreme Court and the Constitution_.) + +19. Do you believe that there should be any restriction upon the +present power of the Supreme Court to pass upon the constitutionality +of Acts of Congress? + +20. In the leading European countries what corresponds to our Supreme +Court is divided into a number of sections. Do you believe that our +Supreme Court ought to be reorganized on a similar plan? (See Munro, +_The Government of the United States_, page 369.) + + + + +B. STATE AND LOCAL GOVERNMENT + +CHAPTER XLV + +CONSTITUTIONAL BASIS OF STATE GOVERNMENT [Footnote: For a fuller +discussion of the constitutional basis of state government, see +Chapter XXII of Beard's _American Government and Politics_. ] + + +573. CONSTITUTIONAL LIMITATIONS ON STATE GOVERNMENTS.--Under the +Articles of Confederation the states exercised practically sovereign +powers; in the interests of a strong National government the +Constitution adopted in 1789 distinctly limited the scope of state +government. The Federal Constitution transferred many important powers +from the states to the Federal government, and imposed certain +specific limitations upon state governments. The more important of +these limitations are as follows: + +No state may, without the consent of Congress, lay or collect imposts +and duties upon exports and imports. The single exception to this +constitutional prohibition is that a state may lay such imports or +duties as are absolutely necessary for executing its inspection laws. +No state may lay a tonnage duty without the consent of Congress. + +No state may levy a tax on the property, lawful agencies, or +instrumentalities of the Federal government. This is not a +constitutional limitation, but was deduced by Chief Justice Marshall +from the nature of the Federal system. In recent years, however, this +doctrine has been modified to mean that no state may tax a federal +instrumentality if such a tax would _impair its efficiency in +performing the function which it was designed to serve._ + +States may legislate concerning local commercial matters, but no state +may interfere with interstate commerce. No state may pass any law +impairing the obligation of contracts. The states have practically no +control over the monetary system. They may not coin money, emit bills +of credit, or make anything but gold and silver coin legal tender. +States may charter and regulate state banks, however, and may also +authorize a state bank to issue notes for circulation. + +No state may make or enforce any law which abridges the privileges or +immunities of citizens of the United States. No state shall pass any +bill of attainder, by which is meant a legislative act which inflicts +punishment upon some person without ordinary judicial trial. Nor may +any state pass an _ex post facto_ law, that is to say, a law which +imposes punishment for an act which was not legally punishable at the +time when it was committed. Lastly, no state may deprive any citizen +of life, liberty, or property without due process of law, nor deny to +any person within its jurisdiction the equal protection of the law. + +574. POWERS OF STATE GOVERNMENTS.--Federal law is the highest law of +the land, and no state constitution, state statute, or local law or +ordinance, may contravene it. But beyond this restriction, the +authority of the state is supreme. Just as state government must defer +to Federal authority, so local government is subservient to state +authority. Just as the Federal Supreme Court may declare +unconstitutional any executive or legislative act, either of the +National, state, or local authorities, so the Supreme Court of any +state may declare null and void the acts of state or local authorities +which conflict with its constitution. Though they are limited by the +Federal Constitution in matters which are preeminently national, the +states reserve to themselves a vast body of authority. Almost all of +the ordinary activities of life are controlled by state or local +governments, rather than by the Federal government. + +575. CLASSIFICATION OF STATE CONSTITUTIONS: ACCORDING TO AGE.--Each +of the forty-eight states in the Union has a written constitution. To +bring out the fundamental similarities and differences among the +various state constitutions, these documents may be classified in +two ways, first as to age, and second, in the light of democratic +development. + +If state constitutions are classified on the basis of age, it will be +noted that the constitutions of Massachusetts, Connecticut, Rhode +Island, and other New England states show signs of having been +strongly influenced by colonial precedents. Next come constitutions +which in form and general content stand midway between the earlier New +England constitutions and those of more recent years. The +constitutions of New York (1894), Pennsylvania (1873), Indiana (1851), +Wisconsin (1848), Kentucky (1891), Minnesota (1857), and Iowa (1857), +are examples. Next come those constitutions of the southern states +which have been revised within the last quarter of a century. Finally, +we may note that California, Oregon, Oklahoma and a few other western +states have recently drafted new constitutions in which there has been +a more or less radical departure from the precedents set in the older +commonwealths. + +576. CLASSIFICATION OF STATE CONSTITUTIONS: IN THE LIGHT OF DEMOCRATIC +DEVELOPMENT.--Between 1776 and 1800 American state constitutions were +generally brief and conservative. Between 1800 and 1860 the growing +tendency toward democratic control resulted in the formation of state +constitutions which were more and more liberal. During this period +fear of the masses was superseded by distrust of the executive and an +unbounded faith in the people acting in their collective capacity. The +suffrage was extended, the governor and often state judges came to be +elected by direct vote, and the power of the state legislature was +enlarged. + +After 1860 there was a reverse movement. This was due partly to a +growing faith in the executive, and partly to a reaction against the +abuse of power by state legislatures. Particularly the more recent +state constitutions have limited the power of the state legislature, +increased the power of the executive, provided for the centralization +of the state administration, and shortened the ballot. The present +tendency among state constitutions is to continue in the direction of +the above-mentioned reforms. + + +A. THE PARTS OF A STATE CONSTITUTION + +577. THE BILL OF RIGHTS.--A vital part of a state constitution is the +bill of rights, roughly corresponding to the first ten amendments to +the Federal Constitution. Generally the bill of rights affirms the +principle of republican government, maintains that all powers are +inherent in the people, and declares that all free government is +formed by the authority of the people. A typical bill of rights also +provides that the laws of the state shall not be suspended except by +the legislative assembly, and includes the traditional limitations on +behalf of private rights. These include the right of free speech; the +right to jury trial; the free exercise of religious worship; the right +peaceably to assemble and petition the government for redress of +grievances; the privilege of the writ of _habeas corpus_ except in +case of rebellion, invasion, or public danger; the prohibition of +excessive bail, and cruel and unusual punishments; and compensation +for private property when taken for public use. + +578. THE FRAMEWORK OF GOVERNMENT.--A second part of a typical state +constitution deals with the distribution of powers, the limitations +upon state officials and other elements in the framework of +government. Especially in the more recent constitutions is the form of +state government outlined in considerable detail. In addition to +providing a system of checks and balances by separating the executive, +legislative, and judicial powers of state government, this part of the +constitution defines and limits the suffrage, provides for the +organization of the state legislature, and prescribes the limitations +under which the legislature must operate. The election of the Governor +and other important state officials is provided for, as is the +relation of rural and municipal government to the state government. +This part of the constitution likewise creates the state judicial +system, though the regulation of details with regard to jurisdiction, +procedure, and appeals is generally left to the discretion of the +state legislature. + +579. STATE FINANCES.--A third division of a typical state constitution +places a number of limitations upon the financial powers of the state +legislature. These provisions are often detailed and complicated and +hence are difficult to summarize. Their general purpose, however, is +to fix a debt limit beyond which the legislature cannot go, and to +compel that body to make adequate provision for the payment of +interest and principal in the case of debts which shall be incurred. + +580. CONTROL OF ECONOMIC INTERESTS.--The more recent state +constitutions provide in considerable detail for the regulation of +economic interests within the state. The activities of industrial +organizations are often narrowly restricted. In many states the +constitution provides for a corporation commission with large powers +in the regulation of rates and charges, as well as general supervision +of corporate business. Many recent constitutions specify the +conditions under which women and children may be employed in +industrial establishments. + +581. PROVISION FOR THE GENERAL WELFARE.--An increasingly important +part of the state constitution deals with the general welfare. Such +vital concerns as the public school system are dealt with. In a +typical western state, for example, the constitution requires the +legislature to provide free instruction in the common schools of the +state for all persons between the ages of five and twenty-five. The +same document sets aside certain revenues for educational purposes. +The safeguarding of the public health, and detailed provision for the +creation and maintenance of public institutions for the dependent, +defective, and delinquent classes, are other concerns of this part of +the state constitution. + +582. PROVISION FOR AMENDMENT.--In about two thirds of the states the +constitution provides for its own amendment by a constitutional +convention composed of delegates elected by the voters of the state. +The convention method is universally employed when a new constitution +is desired. Sometimes the state constitution provides for the holding +of such conventions at regular intervals, but generally the initiative +is left to the legislature. When, by vote or by resolution, this body +declares in favor of a convention, the proposition is placed before +the voters. If a majority of these favor the project, the legislature +arranges for the election of delegates, and fixes the time and place +of the convention sessions. After the convention has completed its +work, it is customary for the new constitution to be submitted to the +people for approval. + +Another common way of amending the state constitution, found in every +state except New Hampshire, is through legislative action subsequently +ratified by popular vote. By this method separate constitutional +amendments may be adopted, without necessitating a wholesale revision +of the constitution. Such individual amendments are usually proposed +by the legislature and are later submitted to popular vote. In some +states only a majority vote of the legislature is required for the +proposal of amendments, but ordinarily a special majority of two +thirds or three fourths of the members of each house is required. In a +few states, amendments cannot be considered until they have been +proposed by two successive legislatures. After the amendment has been +proposed for the second time, it must be ratified at the polls. + +Within the last decade several states, particularly in the West, have +adopted a more direct method of amending the constitution. This is +through the Initiative and Referendum. [Footnote: The general question +of the Initiative and Referendum is treated in Chapter XXXVII.] In +Oregon, for example, 8 per cent of the legal voters may petition for a +proposed amendment to the constitution. The proposal is then submitted +to the voters, and if it receives a majority of all votes cast, it +becomes part of the state constitution. Arizona, Arkansas, California, +Colorado, Michigan, Missouri, Nebraska, Nevada, North Dakota, and +other states allow this type of constitutional amendment. + + +QUESTIONS ON THE TEXT + +1. What are the chief limitations imposed upon state governments by +the Federal Constitution? + +2. Discuss the range of authority enjoyed by state governments. + +3. Classify state constitutions on the basis of age. + +4. Discuss the classification of state constitutions in the light of +democratic development. + +5. What is the nature of a "bill of rights"? + +6. Discuss the framework of government as provided for in the state +constitution. + +7. What provision for state finances does a typical state constitution +contain? + +8. What are some of the provisions in state constitutions concerning +economic interests? + +9. How may a state constitution provide for the general welfare? + +10. Describe the three ways in which state constitutions may be +amended. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xxii. + +2. Guitteau, _Government and Politics in the United States_, chapter +viii. + +3. Munro, _The Government of the United States_, chapter xxviii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. What is the significance of the "Revolutionary constitutions"? +(Guitteau, page 86.) 2. What is the relation of present-day state +constitutions to the original colonial charters? (Munro, page 404.) 3. +Distinguish between the "constituent" and the "law-making" power. +(Munro, page 405.) 4. Into what two parts may the early state +constitutions be divided? (Guitteau, page 86.) 5. Discuss the check +and balance system as provided for in the constitutions of the various +states. (Guitteau, page 89.) 6. What authority controls the admission +of new states into the Union? (Beard, pages 443-445.) 7. What does the +constitution of Oklahoma say concerning the writ of _habeas corpus_? +(Beard, page 449.) 8. Describe the procedure in a constitutional +convention. (Munro, pages 410-411.) 9. What is the relation of the +state constitution to the state courts? (Beard, pages 452-453.) 10. +Enumerate the principles which commonly govern the attitude of the +state courts toward the acts of the state legislature. (Beard, pages +452-453.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. The history of your present state constitution. + +2. The bill of rights in your state constitution. + +3. The framework of government as provided for in the constitution of +your state. + +4. Methods by means of which your state constitution may he amended. + +5. Classify and briefly characterize the amendments which have been +appended to the constitution of your state. + + +II + +6. Meaning of the term "constitution." (Gettell, _Readings in +Political Science_, pages 282-283.) + +7. Types of constitutions. (Gettell, _Readings in Political Science_, +pages 284-285; Kimball, _State and Municipal Government in the United +States_, chapter ii.) + +8. Methods of amending constitutions. (Gettell, _Readings in Political +Science_, pages 299-300.) + +9. Difficulties of constitutional amendment in the United States. +(Gettell, _Readings in Political Science_, page 301.) + +10. Procedure in the state constitutional convention. (Massachusetts +Constitutional Convention Bulletins, No. i. Hoar, _Constitutional +Conventions._) + +11. Recent changes in constitutions. (Dealey, _Growth of American +State Constitutions from 1776 to the end of the Year 1914._) + +12. Present tendencies in state constitutions. (Reinsch, _Readings on +American State Government_, pages 443-449.) + +13. The constitution of Oklahoma. (Reinsch, _Readings on American +State Government_, pages 450-464.) + +14. A comparison of constitutional amendment in Europe and +constitutional amendment in the United States. (Borgeaud, _Adoption +and Amendment of Constitutions in Europe and America_.) + +15. British constitutions. (Gettell, _Readings in Political Science,_ +pages 286-287; 292-293.) + +16. French constitutions. (Gettell, _Readings in Political Science,_ +pages 297-298.) + +17. German constitutions. (Gettell, _Readings in Political Science,_ +pages 298-299.) + + +FOR CLASSROOM DISCUSSION + +18. Does the Federal Constitution too narrowly restrict the activities +of the state governments? + +19. Does the bill of rights in your state constitution adequately +protect your rights? + +20. Does the constitution of your state too narrowly restrict the +financial powers of the state legislature? + +21. Is your state constitution too easy of amendment? Is it too +difficult of amendment? + +22. Recent state constitutions tend to be very long and detailed. What +are the advantages and disadvantages of this development? + + + + +CHAPTER XLVI + +THE STATE EXECUTIVE + + +A. THE GOVERNOR + +583. THE ELECTION OF THE GOVERNOR.--In every state in the Union the +Governor is elected by popular vote. In most of the states this +election takes place, together with that of other state officials, on +the Tuesday following the first Monday in November. Usually a +gubernatorial candidate is required to be at least thirty years of +age. He must be a United States citizen, and also a resident of his +state of at least five years' standing. + +The Governor's term varies from two years in Massachusetts to four +years in more than twenty states. In general, the term of office is +increasing. The average salary received by a state Governor is $5000 a +year. + +584. LIMITATIONS UPON THE GOVERNOR.--A number of factors operate to +limit the power of the state Governor. + +The Federal Constitution limits his authority by declaring that +persons charged with crime in, and escaped from, a neighboring state, +must be delivered up to the executive authorities of the state in +which the crime is charged to have been committed. + +The executive power of state government is not concentrated under the +Governor, but is shared by the Governor with a host of administrative +officials. Many of these officials are elected directly by the people, +and cannot, therefore, be held accountable by the Governor. +Furthermore, the actual execution of the state laws rests primarily +with municipal and other local officials, and over these officers the +Governor has little or no control. The express powers of the President +of the United States have been rather liberally interpreted by the +courts, but the powers of the state Governor have generally been +construed in a narrow and literal sense. In many states the power of +the Governor rarely or never extends beyond the express limits imposed +by the state constitution. + +585. EXECUTIVE POWERS OF THE GOVERNOR.--The Governor is charged by the +state constitution to see that the laws are faithfully executed. This +is similar to the chief duty of the President of the United States, +but whereas the President is aided by subordinate administrative +officials over whom he has complete control, the Governor must act +through a large number of state and local officials over whom he has +little effective control. + +Of some value, however, is the power of the Governor to exercise +general supervision over the various executive officers of the state. +He enjoys, in addition, the power to appoint many of the subordinate +administrative officials. Usually these appointments must be confirmed +by the upper house of the state legislature. In most cases the +Governor cannot remove officials so appointed without the consent of +the senate or council. + +The Governor is commander-in-chief of the armed forces of the state, +and when the regular officers of the law are unable to cope with +domestic violence, he is empowered to call out the militia. In this +connection, the Governor has the power of suspending the writ of +_habeas corpus_, though most states declare that this writ may not be +suspended except in times of rebellion and invasion. Two or three +states have recently provided that the writ of _habeas corpus_ may not +be suspended in any case whatsoever. + +586. LEGISLATIVE POWERS OF THE GOVERNOR.--In general the Governor +occupies the same relation to the state legislature, as does the +President toward Congress. Thus the Governor may send periodic +messages to the legislature, and may recommend such legislative +measures as he believes desirable. The Governor often communicates +with the legislature concerning the financial condition and needs of +the state. The Governor may also call special sessions of the state +legislature, for the consideration of urgent matters. In case the two +houses of the legislature are unable to agree upon a time for +adjournment, the Governor may adjourn the state legislature. + +In one respect the Governor's power of veto exceeds that of the +President, for in about two thirds of the states the Governor may veto +individual items in appropriation bills. This privilege is denied the +President, who must accept or reject a measure as a whole. Like the +President, the Governor influences legislation through his relations +with the leaders of his party in the legislature, as well as through +his power of the patronage. + +587. JUDICIAL POWERS OF THE GOVERNOR.--In almost every state the +Governor has considerable control over the issuance of pardons and +reprieves, in the case of all offenses committed against the state. In +some states the power to issue pardons and reprieves is exercised with +the consent of the state legislature, in other states the Governor +shares this power with a board of pardons; in a few states the +Governor may act alone. + +588. TENDENCY OF THE GOVERNOR'S POWER TO INCREASE.--The earlier state +constitutions tended to restrict the powers of the Governor, and to +extend liberal grants of power to the state legislature. Of recent +years the abuse of legislative power has tended to encourage suspicion +of the legislature and a growing confidence in the Governor. As a +consequence, the Governor's term is in many states increasing. In the +effort to shorten the ballot and concentrate responsibility for the +state administration upon some one official, various states are +increasing the appointive power of the Governor. In a few states the +Governor now has authority to make special inquiries into the workings +of the various executive departments, with a view to checking +inefficient and irresponsible methods of work. In some states the +Governor's share in budget-making is increasing. In the majority of +states the general tendency toward a shorter ballot, the +reorganization of the state administration, and other methods of +reforming state government, will probably continue to enlarge the +power and influence of the Governor. + + +B. THE STATE ADMINISTRATION + +589. THE OLDER GROUP OF ADMINISTRATIVE OFFICERS.--Aside from the +Governor, the administrative officers of the state fall into two +groups: First, the older officers, who are relatively few, and who are +almost always elective; and second, the newer officers, boards, and +commissions, who are relatively numerous, and who may be either +elective or appointive. + +The first group comprises such officers as the Lieutenant Governor, +the Secretary of State, the State Treasurer, the Auditor or +Comptroller, and the Attorney-General. These older officers are +usually elected at the general state election for a term varying from +state to state. These officers are not under the control of the +Governor, but fulfill duties prescribed by the constitution, and are +responsible only to the people and to the courts. They may be, and +often are, of a different political party than the Governor, and since +they are not under the control of that official, they often work at +cross-purposes with him. This lack of coördination is in striking +contrast to the harmony of action existing between the President of +the United States and the heads of the Federal Executive Departments. + +590. THE NEWER GROUP OF ADMINISTRATIVE OFFICERS.--As state government +has increased in complexity, the older group of administrative +officers has been supplemented by the addition of a large number of +new officers. + +These newer administrative officials are quite numerous, but their +general character may be indicated by dividing them into two classes: + +The first class includes individual officers, such as, for example, a +superintendent of prisons, a state architect, a state historian, a +commissioner of health, a food inspector, a geologist, a commissioner +of corporations, a commissioner of banking, a superintendent of public +works, and a state surveyor. + +Besides individual officers, the newer group of administrative +officials includes a large number of boards and commissions which have +been created by the state legislature and endowed with large powers +for the study and control of specific matters. The following boards +and commissions are examples of this second class: A state civil +service commission, a tax commission, a board of charities and +correction, a water supply commission, a tax equalization board, a +quarantine commission, a voting machine commission, a board of +pharmacy, a highway commission, and a public service commission. + +591. DEFECTS OF STATE ADMINISTRATION. [Footnote: For a fuller +discussion of this problem, see Chapter XXXVI.]--The enlargement of +the state administration by this creation of numerous individual +offices, boards, and commissions indicates an attempt on the part of +state governments to grapple with the problems of democracy. +Nevertheless, this rapid growth of the state administration has had +serious consequences. Once created, many of the newer officers have +attempted to perpetuate themselves. State legislatures have been +harassed by boards and commissions seeking unnecessary appropriations. +Politicians without expert training or ability are often placed on +boards and commissions dealing with technical matters. + +Responsible and efficient state government is rendered difficult by +the inability of the Governor effectively to control the few elective +officials who constitute the older group of administrative officers; +an even greater difficulty arises from the creation and expansion of +the newer group of officers. The excessive number of individual +officers, boards, and commissions makes for inefficient and +irresponsible government. Some of these officials are elected by the +people, others are appointed by the Governor. Their terms vary so +widely that, as Professor Beard has pointed out, the appointing power +never has an opportunity to make a clean sweep and introduce more +efficient administrative methods. There is little or no coördination +between the various administrative offices, and very little +centralization of responsibility. + +592. THE STATE OF CIVIL SERVICE.--The spoils system has long +constituted a defect, not only in the Federal government but in +American state government as well. [Footnote: This problem is further +discussed in Chapter XXXIV.] And as in the case of the National +government, this evil has been attacked primarily through the merit +system. New York state led the way in 1883 by passing a comprehensive +Civil Service Act. This law provided for a commission authorized to +coöperate with the Governor in preparing rules, classifying the state +civil service, and conducting the examinations for the positions to be +filled. Since then, Massachusetts, Wisconsin, Colorado, New Jersey, +California, Ohio, Illinois, and other states have adopted some type of +civil service system. + +State civil service laws are largely modelled after the national Civil +Service Act of 1883. In most of the legislating states laws of this +type provide for competitive examinations of a practical nature; they +prohibit political and religious interrogatives; and they forbid the +assessment of holders of civil service positions for political +purposes. Appointment and promotion are upon the basis of merit, +although as in the case of the Federal civil service, the standards +for judging the character and capacity of individual officeholders +have not yet been perfected. + + +QUESTIONS ON THE TEXT + +1. What are the qualifications of the state Governor? + +2. What limitations restrict the power of the Governor? + +3. Outline the executive powers of the Governor. + +4. What are the chief legislative powers of the Governor? + +5. Describe the judicial powers of the Governor. + +6. Is the power of the Governor increasing or decreasing? + +7. Into what two groups may state administrative officers be divided? + +8. Name some of the officials in the older group. + +9. Discuss the character of the newer group of officials, + +10. Name the chief defects of state administration. + +11. Discuss the state civil service. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xxiv. + +2. Guitteau, _Government and Politics in the United States_, chapter x. + +3. Munro, _The Government of the United States_, chapters xxx and xxxi. + +4. Reed, _Form and Functions of American Government_, chapter x. + + +QUESTIONS ON THE REQUIRED READINGS + +1. How many states elect the Governor for two years? (Beard, page +490.) + +2. How is the Governor of Mississippi elected? (Beard, page 489.) + +3. What is the function of the lieutenant governor? (Beard, pages 499- +500.) + +4. What are the functions of the state treasurer? (Beard, page 500.) + +5. What are the chief duties of the attorney-general of the state? +(Beard, page 500.) + +6. Discuss the impeachment process in state government. (Beard, pages +508-509.) + +7. Name some miscellaneous duties of the Governor. (Reed, page 116.) + +8. What is the nature of the Governor's messages? (Reed, page 118.) + +9. How is a vacancy in the Governorship filled? (Munro, page 433.) + +10, Name some states in which the movement for the consolidation of +state administrative offices is active. (Guitteau, page 112.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Term, qualifications, and salary of the Governor of your state. + +2. A short biography of the present Governor of your state. + +3. Platform on which the present Governor of your state was elected + +4. A comparison of the influence exerted by the President of the +United States upon the National legislature, and the influence exerted +upon the state legislature by the Governor of your commonwealth. + +5. A classification of the administrative officers of your state. + +6. History of the merit system in your state. + + +II + +7. A comparative study of state governors in the United States. +(Beard, _American Government and Politics_, page 491.) + +8. The legislative power of the Governor. (Mathews, _Principles of +American State Administration_, chapter iii.) + +9. The veto power of the Governor. (Munro, _The Government of the +United States_, pages 435-438.) + +10. Some special functions of the Governor. (Mathews, _Principles of +American State Administration_, chapter v.) + +11. The administrative power of the Governor. (Mathews, _Principles of +American State Administration_, chapter iv.) + +12. Relation of the Governor to law enforcement. (Reinsch, _Readings +on American State Government_, pages 26-40.) + +13. The organization of the state administration. (Mathews, +_Principles of American State Administration_, chapter vii.) + +14. The work of the state administration. (Munro, _The Government of +the United States,_ chapter xxxi; Kimball, _State and Municipal +Government in the United States,_ chapter ix.) + +15. The selection of state officials. (Mathews, _Principles of +American State Administration,_ chapter viii.) + +16. The removal of state officials. (Mathews, _Principles of American +State Administration, Principles of American State Administration,_ +chapter ix.) + + +FOR CLASSROOM DISCUSSION + +18. Should the veto power of your state Governor be still further +restricted? Should it be enlarged? + +19. Should the administrative offices in your state be reorganized and +consolidated? + +20. Ought the merit system in your state to be extended? + +21. Advantages and disadvantages of choosing administrative officials +by direct vote. + + + + +CHAPTER XLVII + +THE STATE LEGISLATURE + + +593. STRUCTURE OF THE STATE LEGISLATURE.--The representative branch of +state government is known under different names in various states, but +the term "state legislature" is in more or less general use. + +The state legislature is invariably a two-chambered body; the upper +house is the smaller and is called the senate, while the lower and +more numerous branch is variously known as the house of +representatives, house of delegates, or assembly. + +Usually the state senate differs from the lower house in certain +important particulars. The senatorial districts from which members of +the upper house are elected are always larger than are the districts +from which members to the lower house are chosen. Senators are usually +chosen for longer terms than are representatives. As in the case of +the National Senate, the senate (in most states) is made a continuous +body by the provision that its members shall begin their terms at +certain periodic intervals. In the lower house of the state +legislature, on the other hand, all of the members take their seats at +the same time. + +594. BASIS OF REPRESENTATION.--For the purpose of electing members of +the state legislature, practically all of the states are divided into +numerous senatorial and representative election districts. Some states +apply the rule that representatives in the state legislature shall be +apportioned among districts containing practically an equal number of +inhabitants. + +Other states, however, provide exceptions to this rule. For example, +Alabama, Florida, New York and other states provide that each county +shall have at least one member in the house. Often the result of this +arrangement is that the smaller or more sparsely populated counties +are over-represented in the state legislature, while the more populous +counties are under-represented. + +Several states, notably Connecticut and Vermont, arrange +representation in the state legislature so that with respect to +population, cities are under-represented and rural districts are over- +represented. [Footnote: For a discussion of the problem of minority +representation in state legislatures, see Chapter XXXV.] + +595. MEMBERSHIP.--The state constitution determines the qualifications +of those who are entitled to vote for state legislators. [Footnote: +For an enumeration of these qualifications, see Chapter XXXIII, +Section 415.] Generally, anyone qualified to vote for a state +legislator is also eligible to membership. However, holders of both +Federal and state offices are excluded from sitting in the state +legislature. + +In some states the term of a senator is the same as that of a +representative, but generally senators are elected for a longer term +than are members to the lower house. Representatives are generally +chosen for two years, senators for four. + +In all states, members of the legislature are paid, either a fixed +annual salary or a _per diem_ allowance based upon the length of the +legislative session. In most states senators and representatives +receive equal compensation. + +All state legislators are privileged from arrest or civil process +during the session. In addition they enjoy the usual privilege of free +speech in their official capacities. + +596. ORGANIZATION.--Formerly state legislatures met annually, but at +present the great majority convene only once in two years. In the +effort to cut down the amount of superfluous legislation, a number of +state constitutions now restrict the legislative session to from forty +to ninety days. The legislature may adjourn itself to meet later in +special session, or the Governor may call special sessions. The +Governor may adjourn the legislature, if the two houses fail to agree +upon a time for adjournment. + +In internal organization, the state legislature resembles Congress. +Except that the lieutenant governor is often the presiding officer of +the senate, each house chooses all of its own officers. Each house +determines its own rules of procedure and keeps a journal of its +proceedings. In addition, each house exercises the right of deciding +upon the qualifications of its members, and disciplines and punishes +its members for misconduct. As in the national legislature, work is +expedited by the committee system. The party is a dominant force in +the state as well as in the national legislature. + +597. POWERS OF THE STATE LEGISLATURE--The law-making powers of the +state legislature extend to practically all subjects. The presumption +is that this body has a right to legislate upon any subject, unless +specific prohibitions have been imposed upon it by either the Federal +or the state constitution. + +The Federal Constitution forbids any state legislature to emit bills +of credit, coin money, or pass laws impairing the obligation of +contracts. Neither bills of attainder nor _ex post facto_ legislation +may be enacted by a state legislature. The Federal Constitution +likewise declares that state legislatures may neither abridge the +privileges and immunities of citizens of the United States, nor +deprive persons of life, liberty, or property without due process of +law. No state may deny to any person within the state jurisdiction the +equal protection of the laws. + +Restrictions imposed by the state constitution fall into several +groups. These include restrictions in favor of trial by jury, +religious freedom, and other privileges usually embodied in a bill of +rights; provisions controlling the grant of special favors to +corporations; restrictions upon the financial powers of the state +legislature; provisions defining the framework of state government; +and prohibitions upon the power of the legislature to pass special and +local laws. [Footnote: A special or local law is one which applies to +some particular individual or corporation, or to some particular city, +county, or other locality. Prohibitions upon special and local laws +are necessary in order to prevent the legislature from extending +special favors to particular individuals or localities. ] + +598. HOW A STATE LAW IS MADE.--Bills may originate in either house of +the state legislature, except that in most states money bills must +originate in the lower chamber. + +To illustrate law-making in the state legislature, let us assume that +a bill is introduced in the lower house. This may be done by any one +of several methods. Any member of the house may deposit a bill in a +box near the speaker's desk. Sometimes a bill is introduced by the +report of a committee, or even by a messenger from the senate. When +the bill has been introduced, it is given a first reading. With the +consent of the house, the speaker then refers the measure to the +appropriate committee. The adverse report of the committee generally +kills the bill; but if the bill is favorably reported, and this report +is approved by the house, the bill is placed on the order of second +reading and is debated section by section, unless by unanimous vote it +is advanced to the third reading. If the bill passes the second +reading, it is generally referred to the committee on revision. It is +then engrossed, reported back to the house for the third reading and +the final vote. Sometimes the yeas and nays of this final vote are +entered upon the journal, so that responsibility may be fixed upon +each member. + +The bill then goes to the senate, where the procedure is very much +like that of the house, except that the committee of the whole +sometimes takes the place of the order of the second reading as +conducted in the house. + +599. THE BILL GOES TO THE GOVERNOR.--In every state except North +Carolina, a bill which has passed both branches of the legislature +must then go to the Governor for approval. If this officer signs it, +it becomes law. If he disapproves of it, he returns it with his +objections to the house in which it originated. In spite of this +objection by the Governor the legislature may enact the measure into +law, if a sufficiently large majority in each house votes in favor of +the bill. This majority is usually two thirds of the members in each +house. + +Generally the Governor has a ten-day period in which to consider +bills. If a bill is not returned to the legislature with his +objections within this period, it automatically becomes law without +his signature, unless the adjournment of the legislature prevents its +return to that body. In most states the Governor has the important +privilege of vetoing particular items in appropriation bills, while +sanctioning the rest of the measure. + +600. DEFECTS IN STATE LEGISLATION. [Footnote: For a fuller discussion +see Chapter XXXVI.]--There is, among students of American government, +a general agreement that the legislative procedure of the various +states evidences a number of serious defects. + +One of these defects is the absence of responsibility. Any member of +the state legislature may introduce as many bills as he likes, but he +need not assume responsibility for any of them. + +Another serious evil is the lack of experience and technical skill on +the part of legislators. Legislators are frequently ignorant of the +subject matter with which they are called upon to deal. There is a +tendency for legislators to ignore the effect of a new statute upon +the existing body of law. Nor is the constitutionality of the measure +contemplated always taken into account. Ill-advised and pernicious +legislation is the result. + +Log-rolling and lobbying constitute another defect of state +legislation. Log-rolling leads to the passage of numerous bills +without their adequate scrutiny by individual members, and without +either individual members or legislative committees assuming +responsibility for those measures. The pressure exerted upon state +legislatures for legislation favoring special interests is still +great. + +601. THE REFORM OF LEGISLATIVE PROCEDURE.--A few states have attempted +to overcome the lack of technical information on the part of +legislators by providing for expert bill drafters. In New York, for +example, the state legislature has been provided with a number of +competent bill drafters whose duty it shall be, during the session of +the legislature, to draw bills, examine and revise proposed bills, and +advise as to the legal effect of any legislation. These bill drafters +may be set to work on the request of either house, or of a committee, +member, or officer thereof. + +A large number of states now have a legislative reference bureau which +keeps a careful record of the laws passed in the various states of the +Union. This bureau maintains a library, and issues bulletins for the +guidance of legislators. + +In 1909 Wisconsin created the office of reviser. This officer keeps a +loose-leaf system of laws, and collects court decisions affecting +statutes. At the beginning of each session this officer also presents +to the committees on revision of each house of the legislature, bills +providing for such consolidation and revisions as may be completed +from time to time. The reviser supervises the preparation, printing, +and binding of such compilations of particular portions of the +statutes as may be ordered by the head of any state department. + +There is an increasing tendency to curb lobbying in state +legislatures. The laws of New York and Wisconsin may be taken as +typical. That of New York provides that every person retained or +employed for compensation as a counsel or agent by any person, firm, +corporation, or association, to promote or oppose, directly or +indirectly, the passage of any bill or resolution, must be registered +every year in the office of the secretary of state, and must give the +name of the person by whom he is retained. The Wisconsin law provides +that legislative agents or counsels may not attempt to influence +members privately, but must confine themselves to arguing before +committees and filing printed briefs with the members of the +legislature. + + +QUESTIONS ON THE TEXT + +1. Discuss the structure of the state legislature. + +2. In what ways does the senate usually differ from the lower house? + +3. What is the basis of representation in the state legislature? + +4. How are the qualifications of state representatives determined? + +5. Compare the term of senator with that of state representative. + +6. Outline the organization of the legislature. + +7. Compare the organization of the state legislature with that of the +national legislature. + +8. What is the scope of power enjoyed by the state legislature? + +9. What limitations are placed upon state legislatures? + +10. Describe the making of a state law. + +11. Discuss the veto power of the Governor. + +12. What are some defects of state legislation? + +13. Outline some attempts to eliminate these defects. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xxv. + +2. Guitteau, _Government and Politics in the United States_, chapter +ix. + +3. Munro, _The Government of the United States_, chapter xxix. + +4. Reed, _Form and Functions of the United States Government_, chapter +xi. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Under what four heads may the limitations on state legislatures be +grouped? (Guitteau, page 101.) + +2. What limitations are imposed upon state legislatures by the +republican nature of state government? (Guitteau, page 102.) + +3. In what states are annual legislative sessions held? (Guitteau, +page 96.) + +4. Why has the legislative session been shortened in some states? +(Reed, pages 123-124.) + +5. Under what three heads may state legislative power be classified? +(Guitteau, page 100.) + +6. What is the most important of the powers of the state legislature? +(Reed, page 128.) + +7. What are the non-legislative duties of the state legislature? +(Guitteau, pages 100-101.) + +8. What can be said as to the personnel of the state legislature? +(Reed, page 126.) + +9. What is a "rotten borough"? (Beard, page 521.) + +10. Why are state laws frequently of inferior quality? (Munro, page +428.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. A comparison of the upper with the lower house of your state +legislature. + +2. Gerrymandering in your state. + +3. Occupations and professions represented in the membership of your +state legislature. + +4. The character of legislation recently enacted by your state +legislature. + + +II + +5. Development of the law-making department. (Gettell, _Readings in +Political Science_, pages 341-342.) + +6. General principles of legislative organization. (Gettell, _Readings +in Political Science_, page 343.) + +7. Advantages of the bicameral system. (Gettell, _Readings in +Political Science_, page 344.) + +8. The function of the legislature. (Gettell, _Readings in Political +Science_, page 357.) + +9. The lobby. (Reinsch, _Readings on American State Government_, pages +79-84.) + +10. Financial procedure in state legislatures. (Reinsch, _Readings on +American State Government_, pages 56-61.) + +11. The actual work of making a law. (Reed, _Form and Functions of +American Government_, chapter xii.) + +12. Legislative apportionments. (Reinsch, _American Legislatures and +Legislative Methods_, chapter vii.) + +13. Obstacles to intelligent law-making. (Gettell, _Readings in +Political Science_, pages 358-359.) + +14. Danger of over-legislation in the United States. (Gettell, +_Readings in Political Science_, page 361.) + +15. The legislative reference bureau. (Reinsch, _Readings on American +State Government_, pages 63-73.) + +16. The relation of the state legislature to local government +(Gettell, _Introduction to Political Science_, chapter xxii.) + +17. Public forces influencing legislation. (Reinsch, _American +Legislatures and Legislative Methods_, pages 275-298.) + + +FOR CLASSROOM DISCUSSION + +18. Would shortening the length of the legislative session improve the +character of legislation in your state? + +19. Should members of the state legislature be residents of the +districts from which they are chosen, or should they be chosen on a +state-wide ticket? + +20. Should our state legislatures be made unicameral? (See Munro, _The +Government of the United States_, pages 416-418.) + + + + +CHAPTER XLVIII + +THE STATE COURTS + + +A. SOURCES OF LAW + +602. ENGLISH COMMON LAW.--One important source of our system of +jurisprudence is the English common law. This law is not found in the +enactment of statutes, but consists of court decisions spread over +several centuries. The common law has been defined as "that rule of +civil conduct which originated in the common wisdom and experience of +society," and which "in time became an established custom, and has +finally received judicial sanction and affirmance in the decisions of +the courts of last resort." [Footnote: W. C. Robinson, quoted in +_Government and Politics in The United States_, by W. B. Guitteau, +Houghton Mifflin Co., Boston, 1920.] The common law began its +development in early England, and with the settlement of America was +transplanted to this country. Though radically modified by American +constitutional and statutory enactments it still remains the basis of +our legal system. + +603. EQUITY.--Common law tended to become so stereotyped and so +inflexible that in some cases an application of the law worked an +injustice. Very early in English history this situation gave rise to a +new form of jurisprudence called equity. Equity is that legal system +which supplements common and statute law by aiming to secure justice +where a strict application of law would work an injustice. Equity +developed in England after the Norman Conquest, and, like the common +law, was transferred to this country in colonial times. A distinct set +of chancery or equity courts was created to administer equity in early +America, but at present equity is administered by the same judges that +preside over the regular state law courts. Both equitable and legal +relief may be secured in one suit. + +604. STATUTES.--Another important source of law is the statutes +enacted by the state legislature. Most state laws relate to the +structure and functions of government, but statutory enactment is also +employed to regulate a few branches of private law, including +principally matters which affect the public at large as well as +private individuals. Examples are laws relating to wills and +succession to property, marriage and divorce, partnerships, and +corporations. + +The scope of the statutes is widening, and during the last half +century several fields of the common law have been covered by statute. +Criminal law, criminal procedure, and civil procedure have been +codified in various states. Some states have attempted to codify the +entire civil law, but experience has proved that this may easily +render the law too rigid. + +605. OTHER SOURCES OF LAW.--The state constitution, the Federal +Constitution, and Federal laws and treaties with foreign countries are +other sources of state law. + +In summary, the various kinds of law which are enforceable in the +state courts may be considered as forming a pyramid, built upward by +the following steps: English common law, equity, state statutes, the +state constitution, Federal statutes, treaties with foreign nations, +and the Federal Constitution. + + +B. STRUCTURE OF THE COURTS + +606. THE JUSTICE OF THE PEACE.--State courts are arranged in a +progressive series. At the bottom of this series is the justice of the +peace, who exercises jurisdiction over petty offenses and over civil +cases involving very small amounts. Generally there is a justice of +the peace in each township or other local district. In large cities +the civil and criminal jurisdiction of the justice of the peace is +usually divided between two sets of courts: first, the municipal or +city courts, with a minor civil jurisdiction; and second, the police +or magistrates' courts with jurisdiction over petty criminal offenses. +The police or magistrates' courts have the power to make preliminary +investigations in case of felonies or serious misdemeanors. + +607. THE COUNTY COURTS.--Above the justices of the peace there are, in +most states, a number of county courts, exercising limited +jurisdiction. These courts, sometimes called courts of common pleas or +district courts, have jurisdiction over civil cases involving +considerable sums, as well as jurisdiction over most criminal +offenses. In addition these courts usually consider appeals from the +judgments of justices of the peace. + +608. SUPERIOR OR CIRCUIT COURTS.--In many states there is a superior, +circuit, or district court immediately above the county courts, though +in some states this tribunal takes the place of the county courts. The +superior court has jurisdiction over civil cases involving unlimited +sums, as well as unlimited original jurisdiction over criminal +matters. It may also try all cases over which the lower courts have no +jurisdiction. + +609. THE SUPREME COURT.--At the head of the state judicial system +there is a court of last resort, known in various states by different +names. It may be called the court of appeals, the court of errors and +appeals, or simply the supreme court. Practically all of the cases +coming before this court are appealed from the lower courts. +Ordinarily it deals with points of law rather than of fact. + +610. SPECIAL COURTS.--In addition to the regular state courts there +are sometimes special tribunals for special purposes. Examples of such +courts are the probate or surrogates' courts for the settlement of the +estates of deceased persons; children's courts for the treatment of +cases involving children; courts of domestic relations; and courts of +claims for hearing claims against the state. + +611. STATE JUDGES.--In almost all of the states judges are chosen by +popular vote, though in half a dozen states the choice of these +officials still lies with the legislature or with the Governor, or +with both acting jointly. Judges of the higher state courts are +generally chosen for a long period of time, even for life, while the +judges of the lower courts are chosen for relatively short periods. +Salaries vary from practically nothing but fee money for some justices +of the peace to an average of $7000 a year for justices of the supreme +court. The qualifications imposed upon judges include a minimum age of +25 to 35 years, and citizenship for a varying period of years. Another +common requirement is residence within the state, or even residence +within the judicial district. For judges of the higher courts it is +the custom to demand membership in the legal profession. Judges may be +removed by impeachment, and, in a few states, by use of the Recall. + +612. OTHER COURT OFFICIALS.--The district or prosecuting attorney is +an important official. Generally he is chosen by the voters of the +county, though in some instances he is elected from larger areas. The +district attorney represents the state in all criminal cases, and +conducts the prosecution. This officer conducts a preliminary +investigation into crimes and determines whether or not a prosecution +should be instituted. If the decision is in the affirmative, he +presents the case to the grand jury. If the grand jury returns an +indictment, that is, if it demands that the accused be held for trial, +the prosecuting attorney conducts the prosecution at the ensuing +trial. + +The clerk, or recording officer, is generally appointed by the court, +though he may be elected by popular vote. The constable or sheriff is +elected by popular vote. The clerk and the constable are charged with +the execution of all orders, judgments, and decrees of the court. + + +C. POWERS AND PROCEDURE + +613. RELATION OF STATE TO FEDERAL COURTS.--The framework of American +government includes a dual system of courts, the Federal courts and +the state courts. The jurisdiction of the Federal courts is +specifically defined by the Federal Constitution, while the state +courts have a jurisdiction which is limited only by the prohibitions +of the state and Federal Constitutions. The two systems of courts are +independent in the exercise of their respective powers, and have +separate jurisdictions. In some cases, however, the state courts +have a concurrent jurisdiction with the Federal courts, and a litigant +has a choice of tribunals before which to bring suit. In most suits +the decision of the state supreme court is final, but cases involving +Federal law may be appealed for final decision to the Supreme Court of +the United States. + +614. POWER TO DECLARE STATE STATUTES UNCONSTITUTIONAL.--Just as the +Federal courts are the final interpreters of all domestic law, so the +state courts have the power to pass upon the constitutionality of +statutes enacted either by the state legislature or by local law- +making bodies. The state constitution is the fundamental law of the +state, and it is the duty of the state courts to see that all state +and local legislative acts conform to this fundamental law. + +615. POWER OVER EXECUTIVE OFFICIALS.--Through their power to pass upon +the legality of executive acts, the state courts exercise some degree +of control over executive officials. If a state governor were +illegally to remove an official from office, for example, the courts +could reinstate the latter. + +The state courts also have the power to issue writs of mandamus and +injunction. The former may be used, under certain circumstances, to +compel an executive officer to perform his duty; the latter writ may +be used to prevent either state officials or private individuals from +committing illegal acts. + +616. CIVIL JURISDICTION.--The jurisdiction of the state courts is +either civil or criminal. + +The purpose of civil law is to protect the rights of the individual +and to redress his wrongs. The individual rights which are the concern +of civil law fall under three heads: First, the right of personal +security, including the right of protection against violence; second, +the right of personal liberty, including the rights set forth in the +bill of rights of the state constitution; third, the rights of +property, including the right to acquire and hold property, and the +right to demand fulfilment of contracts made under state law. + +617. CIVIL PROCEDURE.--If an individual believes that his rights have +been violated, he, as plaintiff, is entitled to file a complaint with +the proper court. The sheriff or constable then summons the defendant +to appear in court, and the clerk of the court issues a summons or +subpoena to all witnesses which either party to the suit desires to +have testify. Generally either party may demand a trial by jury. Both +plaintiff and defendant are ordinarily represented by counsel which +present the different sides of the case to the judge and jury. The +judge decides what evidence may be properly presented to the jury. +After the closing argument of the plaintiff's counsel, the judge +instructs the jury on the legal points involved in the case. The jury +then retire and attempt to reach an unanimous decision. If able so to +agree, they return a verdict for either plaintiff or defendant, and +after the verdict has been accepted by the court, judgment is +rendered. If the jurors have been unable to come to an unanimous +decision, the case is ordinarily tried with another jury, though in a +few states an unanimous verdict in civil cases is not required. + +If the decision of the court is accepted as final, the judgment is +enforced. On the other hand, the dissatisfied party may appeal the +case to the next higher court on the ground that the verdict was +contrary to the weight of evidence, or because of errors of law +committed by the judge. Under certain circumstances the judge who +tries the case may be induced to grant a new trial. + +618. CRIMINAL JURISDICTION.--The purpose of criminal law is to punish +those who have committed public wrongs, _i.e._ wrongs against the +state or community. Crimes are of two types: first, felonies, +including such grave offences as murder, arson, burglary, and larceny; +and second, misdemeanors, including such lesser offenses as bribery, +knowingly receiving stolen goods, libel, assault and battery, and +disturbance of the peace. Usually felonies are punished either by +death, or by a long prison sentence. Misdemeanors are ordinarily +punished by fines or by imprisonment for a short term. + +619. CRIMINAL PROCEDURE.--A criminal proceeding usually begins with +the arrest of the accused person. Generally, though not always, arrest +is in pursuance of a warrant. As soon after arrest as possible, the +accused is brought before a magistrate for a preliminary examination. +If the examining magistrate finds that there is probable cause for +holding him for trial, the accused is committed to jail to await +trial. Unless the charge is murder, however, the defendant may be +released on bail. + +If the charge is a serious one, indictment by the grand jury is the +next step. If this jury decides that the evidence is insufficient, the +charge is dismissed and the prisoner released. The grand jury meets in +secret, and hears only the charges against the accused. These are +generally presented by the prosecuting attorney. After the defendant +is indicted, the prisoner is brought into court and allowed to plead. +If he pleads guilty, the judge may forthwith impose sentence and there +is no trial. If the plea is "not guilty," a trial is arranged, a jury +of twelve men impanelled, and the trial begins. + +The case is opened by the prosecuting attorney, since it is the duty +of the state to assume the defendant innocent until he is proved +guilty. The prosecuting attorney presents his witnesses, each of which +the defendant's attorney may cross-examine, and in turn allows the +defendant's attorney to present the defense. The prisoner is not +questioned at any stage in the trial, unless he is willing to take the +stand as a witness in his own behalf. + +After the prosecuting attorney and the defendant's counsel have +completed their case, the judge sums up the evidence brought out by +each side, and instructs the jury as to the law involved. The jury +then retire and attempt to reach a verdict. Generally such a verdict +must be unanimous, and if this cannot be secured, the jury is +dismissed and the case is held for re-trial. If the verdict is "not +guilty," the prisoner is discharged; if he is found guilty, sentence +is imposed by the court, either immediately or at some future +date. [Footnote: For a discussion of the legal aspects of the problem +of crime, see Chapter XXI.] + + +QUESTIONS ON THE TEXT + +1. What is meant by the term "common law"? + +2. Define equity. How did it arise? + +3. What is the importance of the statutes as a source of state law? + +4. What are some other sources of law? + +5. Describe the work of the justice of the peace. + +6. What is the jurisdiction of the county courts? + +7. What is the chief function of the state supreme court? + +8. Name some special state courts. + +9. What is the function of the district attorney? + +10. What is the relation of state to Federal courts? + +11. Discuss the chief powers of state courts. + +12. What is the scope of the civil jurisdiction of the state courts? + +13. Describe a civil trial. + +14. What are the two types of crimes? + +15. Outline the steps in a criminal trial. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xxvi. + +2. Guitteau, _Government and Politics in the United States_, chapter +xi. + +3. Munro, _The Government of the United States_, chapter xxxiv. + +4. Reed, _Form and Function of American Government_, chapter xiii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Define common law. (Guitteau, page 115.) + +2. What is the relation of the old Privy Council to the origin of +English common law? (Guitteau, page 116.) + +3. What is a tort? (Beard, pages 558-559.) + +4. What is the relation of the state judiciary to the other +departments of state government? (Reed, page 160.) + +5. To what extent do the Federal courts interfere with the decisions +of the state courts? (Munro, page 492.) + +6. By what three methods may judges be chosen? (Beard, page 550.) + +7. Name some states in which judges are not chosen by the people. How +are judges chosen in these states? (Beard, page 550.) + +8. Compare the salaries of American judges with the salaries of +European judges. (Beard, page 552.) + +9. By what three methods may judges be removed? (Munro, pages 496-497) + +10. In what state has the codification of the civil code been most +successful? (Reed, page 168.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Provisions in your state constitution with respect to the state +judiciary. + +2. The choice of judges in your state. + +3. Characteristics of a good judge. + +4. The actual conduct of a civil or criminal trial in a near-by court. + +5. Delay in legal procedure in your state. (Consult a friendly +attorney.) + +6. Methods of removing judges in your state. + + +II + +7. The evolution of state justice. (Gettell, _Readings in Political +Science_, page 384.) + +8. Function of the state court. (Gettell, _Readings in Political +Science_, page 387.) + +9. Methods of choosing judges in the various states. (Gettell, +_Readings in Political Science_, page 388.) + +10. Procedure in the state courts. (Kimball, _State and Municipal +Government in the United States_, chapter xv.) + +11. The system of appeals in state courts. (Reinsch, _Readings on +American State Government_, pages 150-158.) + +12. Politics and the state courts. (Reinsch, _Readings on American +State Government_, pages 158-168.) + +13. Defects in the enforcement of law. (Reinsch, _Readings on American +State Government_, pages 173-180.) + +14. Relation of judicial inefficiency to crime. (Reinsch, _Readings on +American State Government_, pages 181-198.) + +15. Legal claims against the state. (Reinch, _Readings on American +State Government_, pages 168-172.) + +16. Necessity of judicial independence. (Gettell, _Readings in +Political Science_, page 391.) + +17. The significance of lawyers in the United States. (Gettell, +_Readings in Political Science_, page 390.) + +18. A summary of the defects of the State judiciary. (Bryce, _The +American Commonwealth_, vol. i, chapter xlii.) + + +FOR CLASSROOM DISCUSSION + +19. Should a jury sitting in a criminal trial be required to render an +unanimous verdict or simply a majority decision? + +20. Should state judges be chosen directly by the people, or selected +by the state legislature, or appointed by the Governor? + +21. Should judges be subject to the Recall? + +22. Should the entire civil law of your state be codified? + +23. Advantages and disadvantages of separate administrative courts. +(See Gettell, _Readings in Political Science_, pages 392-393.) + + + + +CHAPTER XLIX + +MUNICIPAL GOVERNMENT + + +A. DEVELOPMENT OF THE AMERICAN MUNICIPALITY [Footnote: For an extended +account of American municipal development, see Fairlie's _Municipal +Administration_. An excellent summary of Fairlie is found in +Guitteau's _Government and Politics in the United States_, Houghton +Mifflin Co., Boston, 1920.] + +620. RAPID GROWTH OF AMERICAN CITIES.--A striking feature of American +life is the rapidity with which our cities have grown. At the time of +Washington's first inauguration, the United States were so +predominantly rural that only about one thirtieth of our population +was found in the cities. With the progress of the Industrial +Revolution came an unprecedented development of transportation and the +factory system. More and more people made their homes in the cities, +until in 1890 approximately a third of the people of the United States +were living in cities. According to the census of 1920 more than half +of our population is concentrated in towns and cities. + +621. THE AMERICAN CITY BEFORE THE REVOLUTION.--New York, now the +largest American city, is also the oldest, having received its charter +in 1686. Between that date and the outbreak of the Revolution, +nineteen other municipalities received charters. The colonial cities +modelled their organization after the English borough. Practically all +authority was vested in a council, consisting of a mayor, recorder, +aldermen, and councilmen, acting as a single body. The mayor was +either appointed by the Governor, or elected by the council. The chief +duty of the mayor was to preside over the council and execute its +ordinances. + +622. THE AMERICAN CITY, 1775-1825.--Several important changes in the +character of the American city took place in the half century which +followed the Declaration of Independence. + +The power to grant charters to cities was transferred from the +Governor to the state legislature. This was the natural outcome of an +increasing suspicion of the executive authority, and a corresponding +increase of faith in the state legislature. Before the end of this +period the city came definitely under the control of the state +legislature. In the absence of constitutional restrictions, the +legislature has continued to exercise an almost dictatorial control +over the cities within its borders. + +Also typical of this period was the subordination of city affairs to +state and national politics. + +623. THE AMERICAN CITY, 1825-1850.--During this period a number of new +cities sprang into prominence. Immigration was increasing, and the +industrialization of the country was crowding the population into +larger and larger units. + +New York, Boston, St. Louis, and other cities adopted the two- +chambered-council plan. + +The passion for democratic control swept away the property +qualifications prescribed by some of the early city charters, and +practically attained universal manhood suffrage. The demand for +popular control likewise led to the present practice of choosing the +mayor by popular vote, the older methods of State appointment or +council election being discarded. + +624. THE AMERICAN CITY, 1850-1875.--Many pressing municipal problems +appeared in this period. The functions of the American city became +more numerous and more complex. Police and fire systems were +installed; waterworks, sewer systems, and city parks were provided; +education and charitable relief were developed. + +Under the stress of administering these additional functions, cities +applied more and more frequently to the state legislature for special +legislation granting them additional powers. State legislatures tended +to pass such special acts freely, with the result that corrupt and +pernicious legislation became common in many states. Special interests +engaged in lobbying, bribery, and log-rolling to secure special favors +from legislatures. Public service corporations often secured valuable +franchises on terms that did not adequately protect the public +interest. + +625. MUNICIPAL REFORM.--The period since 1875 and especially since +1900 has been marked by a strong tendency to reform municipal +government. + +The abuse of power by the city council in many instances forfeited the +respect with which the public had formerly regarded that body. The +power to appoint various city officials was transferred from the +council to the voters, and many of the functions formerly exercised by +the council were entrusted to newly created municipal boards. + +In about half the states constitutional provisions now forbid the +legislature to pass special acts concerning municipalities. In other +states the constitution enumerates a large number of subjects with +regard to which the legislature cannot enact special legislation. In +some states the cities of the state are classified into two or more +groups, according to population; the legislature is compelled to +designate the group or groups to which statutes are to apply. In about +a dozen states certain types of cities are allowed to frame and amend +their own charters, provided that such acts are not inconsistent with +the constitution and statutes of the state. + +Municipal civil service reform is of increasing importance, more than +200 American cities having sanctioned it in some form. As applied to +municipal affairs the merit system includes a municipal commission, +appointed by the mayor; a system of competitive examinations designed +to test character and capacity; a plan for requiring the appointing +officer in each department of city government to select his +subordinates from an eligible list; a method of removing officials; +and sometimes a system of pensioning employees who have grown old in +the service. + +The movement for popular control has been closely associated with +municipal development. The tendency to shorten the ballot, the holding +of municipal elections at a different time than state and national +elections, and the concentration of administrative officers under a +responsible appointing head, are steps in this direction. In many +states the Direct Primary has been intimately associated with +municipal development. The Initiative, Referendum, and Recall have +been adopted in a large number of cities, especially where the mayor- +council plan has been abandoned for the commission form of government. + + +B. MUNICIPAL ORGANIZATION + +626. THE THREE TYPES OF CITY GOVERNMENT.--The three types of city +government in the United States are the mayor-council plan, the +commission plan, and the city manager plan. [Footnote: For a +description of the commission and city manager plans of city +government, see Chapter XXXVI.] The commission plan is a new form of +city government which has been designed to overcome the defects of the +old mayor-council plan, while the city manager plan is a modification +of the commission plan. Of recent years both the commission plan and +the city manager plan have spread rapidly, but it is still true that +few American cities of any appreciable size have adopted either of +these two plans. The old mayor-council plan prevails in most American +cities, and for this reason the remainder of this chapter will be +devoted to a description of this form of government. + +627. THE CITY COUNCIL: ORGANIZATION.--Usually the city council is a +single-chambered body, though some of the larger cities have from time +to time experimented with a double-chambered council. In some cities +councilmen are chosen on a general ticket, but in most cases the +council consists of one member from each ward or district into which +the city is divided. Councilmen must be voters in the city in which +they serve, and by custom they are generally required to be residents +of the ward from which they are chosen. The terms of councilmen vary +from one to four years, two years being the average term. In the +smaller cities councilmen are usually unpaid, but in the larger +municipalities they receive a stated salary. + +628. THE CITY COUNCIL: POWERS.--The typical American city is +subservient to the state legislature, the powers of city government +being enumerated in a charter received from the legislature. These +enumerated powers have been rather narrowly interpreted by the courts. + +The council enjoys a measure of police power, which it may invoke to +protect the health and to further the well-being of the city's +inhabitants. The exercise of this police power, however, must not +conflict with state law. + +The council has the power to levy taxes to defray expenses incurred in +performing municipal functions. State constitutions and legislatures +limit this power rather narrowly, however. Subject to a similar +limitation is the council's power to raise money through the issue of +bonds. + +City councils may act as the agents of the state government in matters +affecting education and charitable relief. + +629. THE CITY COUNCIL: PROCEDURE.--The city council meets +periodically, generally weekly or bi-weekly. It determines its own +rules of procedure and keeps a journal. The committee system is used +for the dispatch of business. Ordinances may be proposed by any member +of the council. After being introduced, ordinances are read by title +and are referred to the proper committee. A second and third reading +at subsequent meetings are required. If the ordinance is approved by a +majority of the council, it is signed by the presiding officer, and +sent to the mayor. In many cities the mayor may veto any ordinance +passed by the council. In case of a veto the measure becomes law only +if passed by a two thirds--in some cities three fourths or four +fifths--vote of the council. In those cities where the mayor has no +veto power, the ordinance goes into effect immediately upon being +passed by the council. + +630. THE MAYOR.--In all cities where the mayor-council plan of +government prevails, the chief executive officer is the mayor or chief +magistrate. This officer is usually elected by popular vote, for a +term varying from one to four years. Usually the term is two years, +though in New England a one-year term is more common. The mayor is +paid a salary which ranges from a few hundred dollars in the smaller +cities to several thousands of dollars in a number of the larger +municipalities. + +631. THE MAYOR AND THE COUNCIL.--It is the duty of the mayor to +communicate at least once a year to the city council a general +statement of the administration and financial condition of the +city. The mayor may also recommend to the city council, in his annual +message or otherwise, the passage of ordinances which he considers +needful. In smaller cities, and in a few of the larger municipalities, +the mayor presides over the council and has a casting vote in case of +a tie, but in most of the larger cities he is not a member of the +council. In most cities he has the veto power. In many of the more +recent city charters, the mayor is given the power to veto separate +items in an appropriation bill, while approving the remainder of the +measure, just as some Governors may veto separate items in +appropriations bills enacted by the state legislature. + +632. ADMINISTRATIVE DUTIES OF THE MAYOR.--The mayor stands at the head +of the city administration, but the extent of his control varies from +city to city. In the last half century the decline in popular favor of +the city council has been accompanied by a growing tendency to enlarge +the administrative powers of the mayor. In many of the smaller cities +the mayor is still little more than a presiding officer of the +council. In such cities subordinate executive officials are usually +chosen by popular vote or are appointed by the council. In other +cities the mayor may appoint the chief administrative officials, +subject to the consent of the council. In still other cities, +including many of the larger municipalities, the mayor may both +appoint and remove the heads of the executive departments, without +interference on the part of the council. + +633. OTHER ADMINISTRATIVE OFFICIALS.--Such highly complex and +important matters as health, education, parks, charities, police, fire +protection, and public works are the concern of the numerous +administrative officials of the city. Administrative work is carried +on by two methods, first, the board system, in which such concerns as +schools, public health, and police are managed by boards composed of +members of the city council; and second, single commissioners, who are +more or less under the control of the mayor. The board system has +proved less efficient than the single commissioner plan, and +accordingly there is a tendency to abandon the former for the latter +plan. + + +QUESTIONS ON THE TEXT + +1. Describe the rapid growth of the American city. + +2. What were the characteristics of the city in colonial times? + +3. What were the distinguishing features of the American city between +1775 and 1825? + +4. What distinguishes municipal development between 1825 and 1850? + +5. What problems became prominent in municipal development between +1850 and 1875? + +6. Outline the movement for municipal reform. + +7. What are the three types of municipal government? + +8. Describe the organization of the city council. + +9. What are the chief powers of the city council? + +10. Outline the making of an ordinance. + +11. Discuss the term and salary of the mayor. + +12. What is the relation of the mayor to the council? + +13. What are the chief administrative duties of the mayor? + +14. Name some other administrative officers. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xxvii. + +2. Guitteau, _Government and Politics in the United Stairs_, chapter +iv. + +3. Munro, _The Government of the United States_, chapter xlii. + +4. Reed, _Form and Functions of American Government_, chapter xvi + + +QUESTIONS ON THE REQUIRED READINGS + +1. Define a city. (Guitteau, page 38.) + +2. What is the English prototype of the American city? (Guitteau, page +39.) + +3. Under what three heads may the powers of the mayor be grouped? +(Beard, page 591.) + +4. To what extent has the city council been shorn of its power? +(Beard, pages 588-590.) + +5. What is the meaning of the phrase "municipal home rule"? +(Guitteau, page 45.) + +6. What is meant by municipal democracy? (Beard, pages 597-598.) + +7. What is the Des Moines plan of city government? (Guitteau, page +46.) + +8. Describe briefly the organization of the government of New York. +(Reed, pages 197-198.) + +9. Summarize the functions of the American municipality. (Munro, pages +602-615.) + +10. What is the extent of municipal ownership in the United States? +(Munro, page 616.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. History of your municipality. + +2. Present organization of your municipal government + +3. The chief functions of your municipality. + +4. Relation of your municipality to the state legislature. + +5. Legislative power in your municipality. + +6. The franchise-granting power in your municipality. + + +II + +7. The English borough. (Fairlie, _Municipal Administration_, chapter +iv.) + +8. Historical development of the American city. (Munro, _The +Government of the United States_, chapter xl; Kimball, _State and +Municipal Government in the United States_, chapter xx.) + +9. Political consequences of city growth. (Gettell, _Readings in +Political Science_, page 433.) + +10. Relation of city life to democracy. (Gettell, _Readings in +Political Science_, page 436.) + +11. Evolution of municipal organization. (Munro, _The Government of +American Cities_, chapter i.) + +12. Relation of the municipality to the state. (Munro, _The Government +of American Cities_, chapter ii.) + +13. The voters of the city. (Munro, _The Government of American +Cities_, chapter iii.) + +14. The mayor. (Munro, _The Government of American Cities_, chapter +ix; Fairlie, _Municipal Administration_, chapter xix.) + +15. The city council. (Munro, _The Government of American Cities_, +chapter viii; Fairlie, _Municipal Administration_, chapter xvii.) + +16. Municipal administrative offices. (Munro, _The Government of +American Cities_, chapter x; Fairlie, _Municipal Administration_, +chapter xviii.) + +17. The needs of city government. (Gettell, _Readings in Political +Science_, pages 441-442.) + +18. The municipal government in action. (Bryce, _The American +Commonwealth_, vol. i, chapter li.) + +19. Municipal functions. (Munro, _The Government of the United +States_, chapter xlii; James, _Local Government in the United States_, +chapter vii.) + +20. Municipal finances. (Beard, _American City Government_, chapter +v.) + +21. The franchise problem. (Beard, _American City Government_, chapter +vii.) + +22. Municipal ownership as a political problem. (Beard, _American City +Government_, chapter viii.) + +23. The commission plan of municipal government. (Munro, _The +Government of the United States_, chapter xliii; see also any other +standard text on American government.) + +24. The city manager plan of municipal government. (Munro, _The +Government of the United States_, chapter xliii; see also any other +standard text on American government.) + + +FOR CLASSROOM DISCUSSION + +25. Municipal ownership of public utilities in your community. + +26. Are the municipalities of your state too narrowly restricted by +the state constitution and the state legislature? + +27. The solution of the franchise problem. + +28. Respective merits of the mayor-council plan, the commission plan, +and the city manager plan, with particular reference to your +municipality. + + + + +CHAPTER L + +RURAL LOCAL GOVERNMENT + + +634. TYPES OF RURAL LOCAL GOVERNMENT.--Rural local governments in the +United States vary widely as between different sections of the +country, but in general they are divisible into three types. These +are: + +(a) the town type, so common in New England; + +(b) the county type, found chiefly in the South, the Southwest, and +the Far West; and + +(c) the mixed type of the Middle, Central, and Northwestern states. +These three general types will be discussed in the order named. + + +A. THE TOWN TYPE + +635. NATURE OF THE TOWN.--The basis of rural local government in New +England is the town. [Footnote: The county exists in New England as an +aggregation of towns. The county has acquired other functions, but it +is still primarily a judicial district.] In general the New England +town is an irregularly shaped area, varying in size from twenty to +forty-five square miles. The area comprising the typical town is +primarily rural, and generally contains one or more villages. Although +the town is primarily a rural unit, the villages within its bounds may +be so populous as to be classed as cities. Yet these populous +communities may, as in the case of Brookline, Massachusetts, retain +the town government. Other New England cities, such as New Haven and +Hartford, Connecticut, have continued the town organization separate +from the city government. + +636. ORIGIN OF THE TOWN.--Some authorities believe that the town type +of rural local government can be traced back through English history +to the early Teutonic tribes. Whether or not this is true, it is +certain that the principle is an ancient one, and that when New +England was first settled, the colonists grouped together in small +compact communities, or towns, instead of scattering over larger +areas. + +637. WHY TOWN GOVERNMENT DEVELOPED IN NEW ENGLAND.--Several factors +are responsible for the tendency of the settlers of early New England +to draw together in towns. From the economic point of view, the barren +nature of the soil rendered extensive farms impracticable, while, on +the other hand, the opportunities for fishing and commerce encouraged +small, compact settlements along the coast. The hostility of many of +the New England Indians also discouraged sparse settlements and +obliged the people to settle in close formation. Lastly, many of the +New England colonists came to the New World as groups or communities +which in their European homes had pivoted about a common church; in +New England these people naturally preferred to live very near one +another. + +638. TOWN GOVERNMENT.--The government of the New England town is +vested in a town meeting, which consists of an annual session of the +voters of the town. At this meeting the voters enact laws governing +such local matters as town finance, schools, police, and highways. A +second important function of the town meeting is to choose the town +officers, including the selectmen, [Footnote: In Rhode Island the +selectmen are known as the council.] the town clerk, treasurer, +constable, and others. The chief executive officers are the selectmen, +varying in number from three to nine, and generally chosen for the +term of one year. The selectmen have general charge of town affairs, +and act under authority conferred by statute or by the town meeting. +The town clerk keeps the records, the treasurer has charge of the +funds of the town and sometimes audits accounts, while the constable +keeps the peace of the town, serves writs, and collects local taxes. +In addition there are a number of minor officials, such as tax +assessors, pound-keepers, guardians of the poor, highway officials, +and library trustees. + + +B. THE COUNTY TYPE + +639. WHY COUNTY GOVERNMENT DEVELOPED IN THE SOUTH.--The system of +county government became as firmly intrenched in the Southern colonies +as did the concept of the town in early New England. Four factors +operated to discourage town government, and to encourage county +government, in the South. First, the Southern colonists did not come +in small family groups, as did the New Englanders, but rather as +individuals and from different classes of society. Second, the Indians +of the South were either weak or peaceful, so that fear of Indian +attack did not oblige the colonists to congregate in small, compact +communities. Third, the climate and soil of the South encouraged a +plantation system which resulted in a sparse rather than in a compact +population. Fourth, the aristocratic type of society developing from +the plantation and slave system prevented the rise of the democratic +town meeting. + +640. GOVERNMENT OF THE SOUTHERN COUNTY.--Though county government is +also found in the Southwest and Far West, it is seen in its purest +form in the South. Here the county was originally a judicial district, +or sometimes also a financial district to facilitate the collection of +taxes. The functions of the county have gradually increased until such +local affairs as schools, jails, poorhouses, and the maintenance of +roads and bridges are concerns of the Southern county. The chief +administrative authority in the county is either the county court, or +a small board of commissioners. In either case the administrative +authority is chosen by popular vote. In addition there are a number of +minor officers such as the treasurer, tax assessor, and recorder, all +of them chosen by popular vote for terms varying from one to four +years. + +641. GOVERNMENT OF THE FAR WESTERN COUNTY.--In the Far West, likewise, +the most important unit of rural local government is the county. The +county is governed by a board, usually consisting of three +commissioners. In general the officers of the Far Western county +resemble those in the central states. (See Section 644.) + + +C. THE MIXED TYPE [Footnote: Sometimes called the township-county +system.] + +642. ORIGIN OF THE MIXED TYPE.--The mixed type of rural local +government is a hybrid, the result of the incomplete fusion of the +town type with the county type. The northern parts of the Central +states were settled largely by immigrants from New England, while the +southern portions of the Middle West were settled by pioneers from +Pennsylvania and the states south of the Ohio River. The New England +immigrants were used to town government, and endeavored to perpetuate +it in their new home; the settlers from the South preferred the county +form of government, and sought its adoption in their new homes. The +result was a compromise, some functions of rural local government +being assigned to the county and some to the township. + +643. THE TWO SUB-TYPES.--In the fusion of the town and county types of +government the county system tended to predominate over the town or +township form of government when settlers from the South were in the +majority. In the northern section of the country, on the other hand, +the compromise form tended to include a majority of the features of +the town type. The result was the formulation of two sub-types. + +The first of these may be called the Pennsylvania sub-type, so named +because it originated in Pennsylvania, and then spread, with +modifications, to Ohio, Indiana, Kansas, Missouri, and other states. +In these states the town or township authority is subordinated to the +county government. There is no town meeting. + +The New York sub-type exists in typical form in New York, but is also +found in New Jersey, Michigan, Illinois, Wisconsin, Minnesota, the +Dakotas, and other states. The town meeting is found in these states, +and in five of them the townships are represented on the county board. + +644. THE NEW YORK SUB-TYPE.--In states possessing the New York sub- +type of rural local government, the town meeting is still important. +This meeting is similar to the New England town meeting, though it +exercises less authority. All the legal voters of the township are +qualified to take part in this meeting, which is held annually and on +special occasions. At this meeting are chosen township officers for +the following year. The most important of these are the supervisor, +clerk, treasurer, assessor, and a varying number of constables and +justices of the peace. In addition to electing these and other +officers, the town meeting enacts legislation with regard to such +local matters as bridges, roads, and schools. + +In some of the Central states general executive authority over +township affairs is vested in a township board, while in other states +administrative authority is divided between a township board of from +three to eleven members, and a supervisor or trustee. Besides these +officials, there are a number of minor officers, including a clerk, a +treasurer, an assessor, overseers of the poor, constables, and +justices of the peace. + +The county board continues to exist under the New York plan, but it is +far less important than under the Pennsylvania sub-type. The functions +of the county board are similar in these two sub-types. + +645. THE PENNSYLVANIA SUB-TYPE.--In those states in which the +Pennsylvania sub-type of rural local government prevails, general +control of government is vested in a county board. This board is +composed of three commissioners, who are elected by the voters of the +county. In all of the Central states the county board possesses +numerous powers, but the powers of the board are greater under the +Pennsylvania than under the New York sub-type. Under the former plan +the county board exercised four groups of powers: First, the levying +of taxes and the appropriation of local funds; second, the maintenance +of roads; third, poor-relief; and fourth, the supervision of local +elections. + +Besides the members of the county board there are a number of other +county officials. The chief executive officer of the county court is +the sheriff. The prosecuting attorney is an elective official, whose +duty it is to conduct criminal prosecutions, and to act as the legal +agent of the county. The treasurer has charge of county funds, and +sometimes supervises the collection of taxes. He is elected by the +people, generally for a two-year term. The clerk or auditor is an +important county officer, as is the surveyor, the county +superintendent of schools, and the recorder or register of deeds. + +646. HOME RULE FOR COUNTIES.--Generally, county authorities are +narrowly limited by the state constitution and state statutes. This +has always resulted in numerous appeals to the legislature for special +legislation, and has lately given rise to a demand for home rule for +counties. In the effort to reduce the pressure for special laws in the +legislature, the Michigan constitution of 1908 provided for a measure +of home rule for counties. The legislature is authorized to confer +legislative powers on the county boards, which may pass laws and +ordinances relative to purely local affairs, provided such enactments +do not conflict with state law, and provided, further, that such +enactments do not interfere with the local affairs of any township, +incorporated city, or village within the limits of the county. Such +laws may be vetoed by the Governor, but may be passed over his veto by +a two-thirds vote of the county board. Another step toward home rule +was taken when in 1911 California by constitutional amendment +empowered counties to frame their own charters, and, on securing +popular approval, to put the same into effect. However, the charter +thus framed and approved must first be sanctioned by the state +legislature. + + +QUESTIONS ON THE TEXT + +1. What are the three types of rural local government? + +2. Discuss the nature of the town. + +3. What is the origin of the town? + +4. How is the town governed? + +5. Why did county government develop in the rural South? + +6. Outline the government of the southern county. + +7. How did the mixed type of rural local government originate? + +8. What two sub-types are included under the mixed type of rural local +government? + +9. Compare briefly these two sub-types. + +10. Discuss the nature of the movement to permit home rule to +counties. + + +REQUIRED READINGS + +1. Beard, _American Government and Politics_, chapter xxix. + +2. Guitteau, _Government and Politics in the United States_, chapter +ii. + +3. Munro, _The Government of the United States_, chapter xxxvii. + +4. Reed, _Form and Functions of American Government_, chapter xviii. + + +QUESTIONS ON THE REQUIRED READINGS + +1. Summarize the relation of local institutions to state government. +(Guitteau, page 15.) + +2. What factors are responsible for the decline of the town meeting in +the Middle West? (Beard, page 651.) + +3. Describe the early English county. (Guitteau, page 18.) + +4. What are the chief divisions of the county in the southern and +western parts of the United States? (Reed, pages 222-223.) + +5. What are the sources of county government? (Reed, page 210.) + +6. What is a "town chairman"? (Reed, page 222.) + +7. What are the two types of county boards? (Beard, pages 640-641.) + +8. What is a parish? (Guitteau, page 21.) + +9. Why is there a growing demand that local institutions be placed +under the supervision of the state government? (Beard, pages 654-655.) + +10. What are the merits and defects of autonomy for rural local +governments? (Munro, pages 544-545.) + + +TOPICS FOR INVESTIGATION AND REPORT + +I + +1. Origin of local government in your section. + +2. Development of rural local government in your community, or in some +adjacent community. + +3. The work of the tax assessor in rural local government. + +4. Investigate the powers and duties of any other county, town, or +township officer. + + +II + +5. Origin and development of rural local government in the United +States. (James, _Local Government in the United States_, chapter ii; +Kimball, _State and Municipal Government in the United States_, +chapter xvi.) + +6. The New England town. (Fairlie, _Local Government in Counties, +Towns and Villages_, pages 141-146.) + +7. Township government. (Fairlie, _Local Government in Counties, Towns +and Villages_, pages 164-185.) + +8. General nature of county government. (Munro, _The Government of the +United States_, chapter xxxviii.) + +9. The organization of county government. (James, _Local Government in +the United States_, chapter iii; Maxey, _County Administration_.) + +10. Functions of county government. (James, _Local Government in the +United States_, chapter iv; Maxey, _County Administration_.) + +11. Financial administration in counties. (Maxey, _County +Administration_.) + +12. The administration of highways in counties. (Maxey, _County +Administration_.) + +13. Charitable and correctional institutions in the county. (Maxey, +_County Administration_.) + +14. Politics in rural local government. (Beard, _American Government +and Politics_, chapter XXX.) + +15. County home rule. (Gilbertson, _The County_, chapter xv.) + +16. City and county consolidation. (Maxey, _County Administration_.) + +17. New developments in county government. (James,_Local Government in +the United States_, chapter viii.) + +18. Rural local government in England. (Reed, _Form and Functions of +American Government_, chapter xvii.) + +19. Rural local government in France. (James, _Local Government in the +United States_, chapter i.) + + +FOR CLASSROOM DISCUSSION + +20. The relative merits of the town, county, and mixed type of rural +local government. + +21. The problem of efficiency in rural local government in your state. + +22. The problem of responsibility in rural local government in your +state. + +23. Should rural local governments in your state be allowed a greater +measure of home rule? + + + + +BIBLIOGRAPHY + +The following list contains all of the references that are mentioned +in the text, either as required reading, or as the basis for suggested +topic work. Special mention may be made here of Williamson's _Readings +in American Democracy_, prepared as a companion volume to the text, +and published in 1922 by D. C. Heath & Co. + +In harmony with the general arrangement of the text material, the +references in this list have been grouped under the folio wing heads: +Historical, Economic, Social, and Political. + +An asterisk has been placed before references that should prove of +value to those who desire to build up a small working library on +problems in American democracy. Works of special importance are +preceded by a double asterisk. + + +HISTORICAL + +Adams, Ephraim D. _The Power of Ideals in American History_. Yale +University Press, New Haven. 1913. + +** _Annals_ of the American Academy of Political and Social +Science. Philadelphia. + +Becker, Carl Lotus. _Beginnings of the American People_. Houghton +Mifflin Co., Boston. 1915. + +* Cheyney, Edward P. _An Introduction to the Industrial and Social +History of England_. Macmillan, New York. 1901. + +Crawford, Mary Caroline. _Social Life in Old New England_. Little, +Brown Co., Boston. 1914. + +* Fiske, John. _The Critical Period of American History_. Houghton +Mifflin Co., Boston. 1888. + +Hart, Albert Bushnell. _Social and Economic Forces in American +History_. + +Huntington, Ellsworth. _Civilization and Climate_. Yale University +Press, New Haven. 1915. + +Huntington, Ellsworth, and S. W. Gushing. _Principles of Human +Geography_. John Wiley and Sons, New York. 1921. + +** _International Encyclopedia_. Second edition. Dodd Mead & Co., +New York. 1916. + +** _Lessons in Community and National Life_, Department of the +Interior, Bureau of Education. Series A, B, and C, Government Printing +Office, Washington, D. C. 1918. + +McLaughlin, Andrew C. _Steps in the Development of American +Democracy_. The Abingdon Press, New York. 1920. + +------. _The Confederation and the Constitution_. Harper and Bros, New +York. 1905. + +Osgood, Herbert L. _The American Colonies in the Seventeenth Century_, +3 vols. Macmillan, New York. 1904. + +Semple, Ellen C. _American History and its Geographic Conditions_. +Houghton Mifflin Co., Boston. 1903. + +Speare, Morris E., and W. B. Norris. _World War Issues and Ideals_. +Ginn and Co., Boston. 1918. + +** Turner, Frederick J. _The Frontier in American History_. Henry Holt +and Co., New York. 1920. + +West, Willis M. _The War and the New Age_. Allyn and Bacon, Boston. +1919. + +White, Albert Beebe. _The Making of the English Constitution_. Putnam, +New York. 1908. + + +ECONOMIC + +Adams, Henry C. _Description of Industry_. Henry Holt & Co., New York. +1918. + +Ashley, Percy. _Modern Tariff History_. Button and Co., New York. +1911. + +*Bishop, Avard L., and A. G. Keller. _Industry and Trade_. Ginn and +Co., Boston. 1918. + +Bloomfield, Daniel. _Selected Articles on Modern Industrial Movements_ +H. W. Wilson Co., New York. 1919. + +------. _Selected Articles on Problems of Labor_. H. W. Wilson Co., +New York. 1920. + +** Bogart, Ernest Ludlow. _The Economic History of the United States_. +Longmans, Green and Co., New York. 1912. + +Bogart, Ernest Ludlow, and C. M. Thompson. _Readings in the Economic +History of the United States_. Longmans, Green and Co., New York. +1917. + +Brasol, Boris L. _Socialism Versus Civilization_. Chas. Scribner's +Sons, New York. 1920. + +Brooks, John Graham. _American Syndicalism: the I. W. W._ Macmillan, +New York. 1913. + +Bruce, Philip A. _Economic History of Virginia in the Seventeenth +Century_. 2 Vols. Macmillan, New York. 1907. + +Bullock, Charles J. _Selected Readings in Economics_. Ginn and Co., +Boston. 1907. + +------. _Selected Readings in Public Finance_. 2d edition. Ginn and +Co, Boston. 1920. + +------. _The Elements of Economics_. Silver, Burdett and Co., Boston. +1919. + +Burritt, Arthur W., assisted by Dennison, Gay and others. _Profit +Sharing, its Principles and Practice_. Harper and Bros., New York. +1918. + +Callender, Guy S. _Selections from the Economic History of the United +States_. Ginn and Co., Boston. 1909. + +* Carlton, Frank T. _History and Problems of Organized Labor_. D. C. +Heath and Co., Boston. 1911. + +------. _Organized Labor in American History_. Appleton, New York. +1920. + +** Carver, Thomas Nixon. _Elementary Economics_. Ginn and Co., Boston. +1920. + +------. _Essays in Social Justice_. Harvard University Press, +Cambridge, Mass. 1915. + +------. _Principles of Rural Economics_. Ginn and Co., Boston. 1911. + +Clark, John Bates. _Social Justice Without Socialism_. Houghton +Mifflin Co., Boston. 1914. + +** Coman, Katharine. _The Industrial History of the United States_. +Macmillan, New York. 1917. Commons, John R. _Trade Unionism and Labor +Problems_. Ginn and Co., Boston. 1905. + +Coulter, John L. _Coöperation Among Farmers_. Sturgis and Walton, New +York. 1919. + +_Current History Magazine_, September, 1920. 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Government Printing Office, Washington, D. C. + +Hinds, William A. _American Communities_. 2d revision. Kerr and Co., +Chicago. 1908. + +Hobson, John A. _The Evolution of Modern Capitalism_. New and revised +edition. London. 1912. + +Hoxie, Robert F. _Scientific Management and Labor_. Appleton, New +York. 1915. + +------. _Trade Unionism in the United States_. Appleton, New York. +1920. + +* _I. W. W. Constitution_. Chicago. 1905. + +* Johnson, Emory R. _American Railway Transportation_. Appleton, New +York. 1912. + +Kemmerer, Edwin W. _The A B C of the Federal Reserve System_. +Princeton University Press, Princeton, N. J. 1920. + +King, Clyde L. _Lower Living Costs in Cities_. Appleton, New York. +1915. + +* ------. _The Regulation of Municipal Utilities_. Appleton, New York. +1914. + +* King, Willford Isbell. _The Wealth and Income of the People of the +United States_. Macmillan, New York. 1919. + +** LeRossignol, James Edward. _Orthodox Socialism_. Crowell, New York. +1907. + +* Malthus, Thomas Robert. _Essay on Population_. + +* Marshall, Leon C., and L. S. Lyon. _Our Economic Organization_. +Macmillan, New York. 1921. + +* Marx, Karl, and Frederick Engels. _The Communist Manifesto_. + +_Memorandum on Certain Aspects of the Bolshevist Movement in Russia_. +Government Printing Office, Washington, D. C. 1919. + +Myers, William Starr. _Socialism and American Ideals_. Princeton +University Press, Princeton, 1919. + +* Plehn, Carl C. _Introduction to Public Finance_. 4th edition. +Macmillan, New York. 1920. + +Porter, Robert P. _The Dangers of Municipal Ownership_. Century Co., +New York. 1907. + +Powell, George H. _Coöperation in Agriculture_. Macmillan, New York. +1913. + +* Price, Overton W. _The Land We Live In_. Small, Maynard Co., Boston. +1919. + +Ripley, William Z. _Trusts, Pools and Corporations_. Revised Edition. +Ginn and Co., Boston. 1916. + +** Seager, Henry Rogers. _Principles of Economics_. Henry Holt and +Co., New York. 1917. + +Seligman, Edwin R. _Essays in Taxation_. 8th edition. Macmillan, New +York. 1917. + +------. _Principles of Economics_. 6th edition. Longmans, Green and +Co., New York. 1914. + +* Skelton, O. D. _Socialism, a Critical Analysis_. Houghton Mifflin +Company, Boston. 1911. + +* Smith, Adam. _An Inquiry into the Nature and Causes of the Wealth of +Nations_. + +** Smith, J. Russell. _Commerce and Industry_. Henry Holt and Co., New +York. 1916. + +------. _The Story of Iron and Steel_. Appleton, New York. 1908. + +Sonnichsen, Albert. _Consumers' Coöperation_. Macmillan, New York. +1919. + +Tarbell, Ida M. _The Tariff in Our Times_. Macmillan, New York. 1911. + +** Taussig, Frank W. _Principles of Economics_. 2 vols. Macmillan, New +York. 1919. + +------. _The Tariff History of the United States_. Putnam, New York. +1916. + +Thompson, Charles M. _Elementary Economics_. B. H. Sanborn and Co., +New York. 1920. + +Thompson, Carl D. _Municipal Ownership_. 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Dutton, New York. 1915. + +Dugdale, Richard L. _The Jukes, a Study in Crime, Pauperism, Disease +and Heredity_. Putnam, New York. 1891. + +Eliot, Charles W. _Education for Efficiency_. Houghton Mifflin Co., +Boston. 1909. + +** Ellwood, Charles A. _Sociology and Modern Social Problems_. +American Book Co., New York. 1919. + +Fisher, Irving. _Bulletin of the Committee of One Hundred on National +Health, being a Report on National Vitality, its Wastes and +Conservation._ Government Printing Office, Washington, D. C. 1909. + +Galpin, Charles J. _Rural Life. Century Co., New York. 1918. + +* George, William R. _The Junior Republic, its History and Ideals_. +Appleton, New York. 1910. + +Gill, Charles O., and Gifford Pinchot. _The Country Church_. +Macmillan, New York. 1913. + +** Gillette, John Morris. _Constructive Rural Sociology_. Sturgis and +Walton, New York. 1913. + +Goddard, Henry H. _The Kallikak Family_. 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Houghton Mifflin Co., Boston, +1909. + +** Perry, Clarence A. _Wider Use of the School Plant_. Charities +Publication Committee, New York. 1910. + +Queen, Stuart. _The Passing of the County Jail_. George Banta +Publishing Co., Menasha, Wis. 1920. + +* Riis, Jacob A. _The Battle with the Slum_. Macmillan, New York. +1902. + +Riis, Jacob A. _The Peril and the Preservation of the Home_. G. W. +Jacobs Co., Philadelphia. 1903. + +* Roberts, Peter. _The Problem of Americanization_. Macmillan, New +York. 1920. + +* Rubinow, Isaac M. _Standards of Health Insurance_. Henry Holt & Co., +New York. 1916. + +Sargent, Dudley A. _Physical Education_. Ginn and Co., Boston, 1906. + +** Smith, Reginald Heber. _Justice and the Poor_. Carnegie Foundation +for the advancement of teaching, Bulletin No. 13, New York. 1919. + +* Smith, Richard Mayo. _Emigration and Immigration_. Chas. Scribner's +Sons, New York. 1904. + +* Steiner, Edward A. _From Alien to Citizen_. F. H. Revell Co., New +York. 1914. + +* ------. _On the Trail of the Immigrant_. F. H. Revell Co., New York. +1906. + +Steiner, Jessie F. _The Japanese Invasion_. Chicago, 1917. + +Storey, Moorfield. _Problems of To-day_. Houghton Mifflin Co., Boston. +1920. + +Taylor, Joseph S. _A Handbook of Vocational Education_. Macmillan, New +York. 1914. + +Tillinghast, Joseph A. _The Negro in Africa and America_. American +Economic Association, New York. 1902. + +Tolman, Wm. H. _Hygiene for the Worker_. American Book Co., New York. +1912. + +Tufts, James H. _The Real Business of Living_. Henry Holt and Co., New +York. 1918. + +** Vogt, Paul L. _Introduction to Rural Sociology_. Appleton, New +York. 1917. + +** Warner, Amos G. _American Charities_. 3d edition. Crowell, New +York. 1919. + +Washington, Booker T. _The Future of the American Negro_. Small, +Maynard Co., Boston. 1902. + +------. _The Story of the Negro_. Doubleday, Page and Co., New York. +1909. + +** ------. _Tuskegee and its People, their Ideals and Achievements_. +Doubleday, Page and Co., New York. 1905. + +** ------. _Up from Slavery_. Doubleday, Page and Co., New York. 1901. + +Waugh, Frank A. _Rural Improvement_, etc. Orange Judd Co., New York. +1914. + +Willcox, Walter F. _The Divorce Problem: a Study in Statistics_. New +York. 1897. + +* Williamson, Thames Ross. i>Sociology of the American Negro_. + +** Wines, Frederick H. _Punishment and Reformation_. Latest edition. + +* Wolfe, Albert. _Readings in Social Problems_. Ginn and Co., Boston. +1916. + +Wood, Edith. _The Housing of the Unskilled Wage Earner_. Macmillan, +New York. 1919. + +Woods, Arthur. _Crime Prevention_. Princeton University Press, +Princeton. 1918. + +* Woods, Robert A. _Americans in Process_. Houghton Mifflin Co., +Boston. 1902. + + +POLITICAL + +Beard, Charles A. _American Citizenship_. Macmillan, New York. 1917 + +------. _American City Government_. Century Co., New York. 1912. + +** ------. _American Government and Politics_. Macmillan, New York. +1920. + +------. _An Economic Interpretation of the Constitution of the United +States_. Macmillan, New York. 1913. + +------. _Readings in American Government and Politics_. Macmillan, New +York. 1912. + +------. _The Supreme Court and the Constitution_. Macmillan, New York. +1912. + +Beard, Charles A., and Birl Schultz. _Documents on the State-wide +Initiative, Referendum and Recall_. Macmillan, New York. 1912. + +Borgeaud, Charles. _Adoption and Amendment of Constitutions in Europe +and America_. Macmillan, New York. 1895. + +* Brewer, David J. _American Citizenship_. Chas. Scribner's Sons, New +York. 1907. + +Brooks, Robert C. _Corruption in American Politics and Life_. Dodd, +Mead and Co., New York. 1910. + +** Bryce, James. _Modern Democracies_. 2 vols. Macmillan, New York. +1921. + +** ------. _The American Commonwealth_. 2 vols. Macmillan, New York. +1914. + +Childs, Richard S. _Short Ballot Principles_. Houghton Mifflin Co., +Boston. 1911. + +** Cleveland, Frederick H., _Organized Democracy_. Longmans, Green and +Co., New York. 1913. + +* Cleveland, Frederick H., and A. E. Buck. _The Budget and Responsible +Government_. Macmillan, New York. 1920. + +Commons, John R. _Proportional Representation_. Macmillan, New York. +1907. + +Croly, Herbert. _The Promise of American Life_. Macmillan, New York. +1912. + +** _Cyclopedia of American Government_. Edited by A. C. McLaughlin and +A. B. Hart. 3 Vols. Appleton, New York. 1914. + +Dealey, James Q. _Growth of American State Constitutions from 1776 to +the End of the Year 1914_. Ginn and Co., Boston. 1915 ** Dunn, Arthur +William. _The Community and the Citizen_. D. C. Heath and Co., Boston. +1919. + +Fairlie, John A. _Local Government in Counties, Towns and Villages_. +Century Co., New York. 1906. + +------. _Municipal Administration_. Macmillan, New York. 1906. + +** ------. _The National Administration of the United States of +America_. Macmillan, New York. 1905. + +Follett, Mary Parker. _The Speaker of the House of Representatives_. +Longmans, Green and Co., New York. 1904. + +Foltz, E. B. K. _The Federal Civil Service as a Career_. Putnam, New +York. 1909. + +Ford, Henry Jones. _The Cost of Our National Government_. Columbia +University Press. New York. 1910. + +** ------. _The Rise and Growth of American Politics_. Macmillan, New +York. 1900. + +Forman, S. E. _The American Democracy_. Century Co., New York. 1920. + +Gettell, Raymond G. _Introduction to Political Science_. Ginn and Co., +Boston. + +------. _Problems in Political Evolution_. Ginn and Co., Boston. + +* ------. _Readings in Political Science_. Ginn and Co., Boston. 1911. + +Gilbertson, H. S. _The County_. National Short Ballot Organization. +New York. 1917. + +Goodnow, Frank J. _Social Reform and the Constitution_. Macmillan, New +York. 1911. + +** Guitteau, William Backus. _Government and Politics in the United +States_. Houghton Mifflin Co., Boston. 1920. + +Haines, Charles G. _The American Doctrine of Judicial Supremacy_. +Macmillan, New York. 1914. + +Hart, Albert Bushnell. _Practical Essays in American Government_. +Longmans, Green & Co., New York. + +Hinsdale, Mary L. _A History of the President's Cabinet_. Ann Arbor. +1911. + +Hoar, Roger S. _Constitutional Conventions_. Little, Brown & Co., +Boston. 1917. + +** Holcombe, Arthur N. _State Government in the United States_. +Macmillan, New York. 1916. + +Hughes, Charles Evans. _Conditions of Progress in Democratic +Government_. Yale University Press, New Haven. 1910. + +* _Illinois Constitutional Convention Bulletins_. Springfield, +Illinois. 1920. + +** _Illinois Efficiency and Economy Report_. Springfield, Illinois. +1915 + +** James, Herman G. _Local Government in the Unites States_. Appleton, +New York. 1921. + +* Jones, Chester L. _Readings on Parties and Elections in the United +States_. Macmillan, New York. 1912. + +Kaye, Percy Lewis. _Readings in Civil Government_. Century Co., New +York. 1910. + +* Kimball, Everett. _State and Municipal Government in the United +States_ Ginn and Co., Boston. 1921. + +* ------. _The National Government of the United States._ Ginn and +Co., Boston. 1919. + +Leacock, Stephen A. _Elements of Political Science_. Houghton Mifflin +Co., Boston. 1913. + +** Lowell, A. Lawrence. _Public Opinion and Popular Government_. +Longmans, Green & Co., New York. 1913. + +McCall, Samuel Walker. _The Business of Congress_, Columbia University +Press, New York. 1911. + +McKinley, Albert E. _The Suffrage Franchise in the Thirteen English +Colonies in America_. Philadelphia. 1905. + +** _Massachusetts Constitutional Convention Bulletins_. Boston, 1917. + +** Mathews, John M. _Principles of State Administration_. Appleton, +New York. 1917. + +Maxey, C. C. _County Administration_. Macmillan, New York. 1919. + +Merriam, Charles Edward. _American Political Ideas_. Macmillan, New +York. 1920. + +** Munro, William Bennett. _The Government of American Cities_. +Macmillan, New York. 1920. + +------. _The Government of European Cities_. Macmillan, New York. 1909 + +** ------. _The Government of the United States_. Macmillan, New York +1919. + +* ------. _The Initiative, Referendum and Recall_. Appleton, New York +1913. + +Porter, Kirk. _A History of Suffrage in the United States_. University +of Chicago Press, Chicago. 1918. + +** Ray, P. Orman. _An Introduction to Political Parties and Practical +Politics_ Chas. Scribner's Sons, New York. 1913. + +** Reed, Thomas Harrison. _Form and Functions of American Government_ +World Book Co., New York. 1917. + +* Reinsch, Paul S. _American Legislatures and Legislative Methods_. +Century Co., New York. 1913. + +------. _Readings on American Federal Government_. Ginn and Co., +Boston, 1909. + +------. _Readings on American State Government_. Ginn and Co., Boston, +1911. + +Root, Elihu. _Addresses on Government and Citizenship_. Harvard +University Press, Cambridge. 1916. + +* Seymour, Charles. _How the World Votes_. 2 Vols. C. A. Nichols Co., +Springfield. 1918. + +Taft, William Howard. _Our Chief Magistrate and His Powers_. Columbia +University Press New York. 1916. + +Taft, William Howard. _Popular Government_. Yale University Press, New +Haven. 1914. + +* Woodburn, James Albert. _Political Parties and Party Problems in the +United States_. Putnam, New York. 1914. + +Woodburn, James Albert, and T. F. Moran. _The Citizen and the +Republic_. Longmans, Green and Co., New York. 1920. + +Young, James T. _The New American Government and its Work_. Macmillan, +New York. 1915. + + + + +CONSTITUTION OF THE UNITED STATES OF AMERICA + + +We the people of the United States, in order to form a more perfect +union, establish justice, insure domestic tranquillity, provide for +the common defence, promote the general welfare, and secure the +blessings of liberty to ourselves and our posterity, do ordain and +establish this CONSTITUTION for the United States of America, + + +ARTICLE I + +SECTION I. All legislative powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and a +House of Representatives. + +SECT. II. 1. The House of Representatives shall be composed of members +chosen every second year by the people of the several States, and the +electors in each State shall have the qualifications requisite for +electors of the most numerous branch of the State Legislature. + +2. No person shall be a Representative who shall not have attained to +the age of twenty-five years, and been seven years a citizen of the +United States, and who shall not, when elected, be an inhabitant of +that State in which he shall be chosen. + +3. Representatives and direct taxes shall be apportioned among the +several States which may be included within this Union, according to +their respective numbers, which shall be determined by adding to the +whole number of free persons, including those bound to service for a +term of years, and excluding Indians not taxed, three fifths of all +other persons. The actual enumeration shall be made within three years +after the first meeting of the Congress of the United States, and +within every subsequent term of ten years, in such manner as they +shall by law direct. The number of Representatives shall not exceed +one for every thirty thousand, but each State shall have at least one +representative; and until such enumeration shall be made, the State of +New Hampshire shall be entitled to choose three, Massachusetts eight, +Rhode Island and Providence Plantations one, Connecticut five, New +York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland +six, Virginia ten, North Carolina five, South Carolina five, and +Georgia three. + +4. When vacancies happen in the representation from any State, the +Executive authority thereof shall issue writs of election to fill such +vacancies. + +5. The House of Representatives shall choose their Speaker and other +officers; and shall have the sole power of impeachment. + +SECT. III. 1. The Senate of the United States shall be composed of two +Senators from each State, chosen by the legislature thereof, for six +years; and each Senator shall have one vote. + +2. Immediately after they shall be assembled in consequence of the +first election, they shall be divided as equally as may be into three +classes. The seats of the Senators of the first class shall be vacated +at the expiration of the second year, of the second class at the +expiration of the fourth year, and of the third class at the +expiration of the sixth year, so that one third may be chosen every +second year; and if vacancies happen by resignation or otherwise, +during the recess of the legislature of any State, the Executive +thereof may make temporary appointments until the next meeting of the +legislature, which shall then fill such vacancies. + +3. No person shall be a Senator who shall not have attained to the age +of thirty years, and been nine years a citizen of the United States, +and who shall not, when elected, be an inhabitant of that State for +which he shall be chosen. + +4. The Vice-President of the United States shall be President of the +Senate, but shall have no vote, unless they be equally divided. + +5. The Senate shall choose their other officers, and also a President +_pro tempore_, in the absence of the Vice-President, or when he shall +exercise the office of President of the United States. + +6. The Senate shall have the sole power to try all impeachments. When +sitting for that purpose, they shall be on oath or affirmation. When +the President of the United States is tried, the Chief Justice shall +preside: and no person shall be convicted without the concurrence of +two thirds of the members present. + +7. Judgment in cases of impeachment shall not extend further than to +removal from office, and disqualification to hold and enjoy any office +of honor, trust or profit under the United States: but the party +convicted shall nevertheless be liable and subject to indictment, +trial, judgment and punishment, according to law. + +SECT. IV. 1. The times, places and manner of holding elections for +Senators and Representatives shall be prescribed in each State by the +legislature thereof; but the Congress may at any time by law make or +alter such regulations, except as to the places of choosing Senators. + +2. The Congress shall assemble at least once in every year, and such +meeting shall be on the first Monday in December, unless they shall by +law appoint a different day. + +SECT. V. 1. Each house shall be the judge of the elections, returns +and qualifications of its own members, and a majority of each shall +constitute a quorum to do business; but a smaller number may adjourn +from day to day, and may be authorized to compel the attendance of +absent members, in such manner, and under such penalties, as each +house may provide. + +2. Each house may determine the rules of its proceedings, punish its +members for disorderly behavior, and with the concurrence of two +thirds, expel a member. + +3. Each house shall keep a journal of its proceedings, and from time +to time publish the same, excepting such parts as may in their +judgment require secrecy; and the yeas and nays of the members of +either house on any question shall, at the desire of one fifth of +those present, be entered on the journal. + +4. Neither house, during the session of Congress, shall, without the +consent of the other, adjourn for more than three days, nor to any +other place than that in which the two houses shall be sitting. + +SECT. VI. 1. The Senators and Representatives shall receive a +compensation for their services, to be ascertained by law and paid out +of the treasury of the United States. They shall in all cases except +treason, felony and breach of the peace, be privileged from arrest +during their attendance at the session of their respective houses, and +in going to and returning from the same; and for any speech or debate +in either house, they shall not be questioned in any other place. + +2. No Senator or Representative shall, during the time for which he +was elected, be appointed to any civil office under the, authority of +the United States, which shall have been created, or the emoluments +whereof shall have been increased, during such time; and no person +holding any office under the United States shall be a member of either +house during his continuance in office. + +SECT. VII. 1. All bills for raising revenue shall originate in the +House of Representatives; but the Senate may propose or concur with +amendments as on other bills. + +2. Every bill which shall have passed the House of Representatives and +the Senate, shall, before it become a law, be presented to the +President of the United States; if he approve he shall sign it, but if +not he shall return it with his objections to that house in which it +shall have originated, who shall enter the objections at large on +their journal, and proceed to reconsider it. If after such +reconsideration two thirds of that house shall agree to pass the bill, +it shall be sent, together with the objections, to the other house, by +which it shall likewise be reconsidered, and, if approved by two +thirds of that house, it shall become a law. But in all such cases the +votes of both houses shall be determined by yeas and nays, and the +names of the persons voting for and against the bill shall be entered +on the journal of each house respectively. If any bill shall not be +returned by the President within ten days (Sundays excepted) after it +shall have been presented to him, the same shall be a law, in like +manner as if he had signed it, unless the Congress by their +adjournment prevent its return, in which case it shall not be a law. + +3. Every order, resolution, or vote to which the concurrence of the +Senate and House of Representatives may be necessary (except on a +question of adjournment) shall be presented to the President of the +United States; and before the same shall take effect, shall be +approved by him, or being disapproved by him, shall be repassed by two +thirds of the Senate and House of Representatives, according to the +rules and limitations prescribed in the case of a bill. + +SECT. VIII. The Congress shall have power + +1. To lay and collect taxes, duties, imposts, and excises, to pay the +debts and provide for the common defence and general welfare of the +United States, but all duties, imposts and excises shall be uniform +throughout the United States; + +2. To borrow money on the credit of the United States; + +3. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes; + +4. To establish an uniform rule of naturalization, and uniform laws on +the subject of bankruptcies throughout the United States; + +5. To coin money, regulate the value thereof, and of foreign coin, and +fix the standard of weights and measures; + +6. To provide for the punishment of counterfeiting the securities and +current coin of the United States; + +7. To establish post offices and post roads; + +8. To promote the progress of science and useful arts by securing for +limited times to authors and inventors the exclusive right to their +respective writings and discoveries; + +9. To constitute tribunals inferior to the Supreme Court; + +10. To define and punish piracies and felonies committed on the high +seas and offences against the law of nations; + +11. To declare war, grant letters of marque and reprisal, and make +rules concerning captures on land and water; + +12. To raise and support armies, but no appropriation of money to that +use shall be for a longer term than two years; + +13. To provide and maintain a navy; + +14. To make rules for the government and regulation of the land and +naval forces; + +15. To provide for calling forth the militia to execute the laws of +the Union, suppress insurrections, and repel invasions; + +16. To provide for organizing, arming and disciplining the militia, +and for governing such part of them as may be employed in the service +of the United States, reserving to the States respectively the +appointment of the officers, and the authority of training the militia +according to the discipline prescribed by Congress; + +17. To exercise exclusive legislation in all cases whatsoever, over +such district (not exceeding ten miles square) as may, by cession of +particular States, and the acceptance of Congress, become the seat of +government of the United States, and to exercise like authority over +all places purchased by the consent of the legislature of the State, +in which the same shall be, for the erection of forts, magazines, +arsenals, dock-yards, and other needful buildings;--and + +18. To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by +this Constitution in the government of the United States, or in any +department or office thereof. + +SECT. IX. 1. The migration or importation of such persons as any of +the States now existing shall think proper to admit shall not be +prohibited by the Congress prior to the year 1808; but a tax or duty +may be imposed on such importation, not exceeding $10 for each person. + +2. The privilege of the writ of _habeas corpus_ shall not be +suspended, unless when in cases of rebellion or invasion the public +safety may require it. + +3. No bill of attainder or _ex post facto_ law shall be passed. + +4. No capitation, or other direct, tax shall be laid, unless in +proportion to the census or enumeration herein before directed to be +taken. + +5. No tax or duty shall be laid on articles exported from any State. + +6. No preference shall be given by any regulation of commerce or +revenue to the ports of one State over those of another: nor shall +vessels bound to, or from, one State, be obliged to enter, clear, or +pay duties in another. + +7. No money shall be drawn from the treasury, but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time. + +8. No title of nobility shall be granted by the United States: and no +person holding any office of profit or trust under them, shall, +without the consent of the Congress, accept of any present, emolument, +office, or title, of any kind whatever, from any king, prince, or +foreign state. + +SECT. X. 1. No State shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; emit +bills of credit; make anything but gold and silver coin a tender in +payment of debts; pass any bill of attainder, _ex post facto_ law, or +law impairing the obligation of contracts, or grant any title of +nobility. + +2. No State shall, without the consent of the Congress, lay any +imposts or duties on imports or exports, except what may be absolutely +necessary for executing its inspection laws: and the net produce of +all duties and imposts, laid by any State on imports or exports, shall +be for the use of the treasury of the United States; and all such laws +shall be subject to the revision and control of the Congress. + +3. No State shall, without the consent of Congress, lay any duty of +tonnage, keep troops, or ships of war in time of peace, enter into any +agreement or compact with another State, or with a foreign power, or +engage in war, unless actually invaded, or in such imminent danger as +will not admit of delay. + + +ARTICLE II + +SECTION I. 1. The executive power shall be vested in a President of +the United States of America. He shall hold his office during the term +of four years, and together with the Vice-President, chosen for the +same term, be elected as follows: + +2. Each State shall appoint, in such manner as the legislature thereof +may direct, a number of electors, equal to the whole number of +Senators and Representatives to which the State may be entitled in the +Congress; but no Senator or Representative, or person holding an +office of trust or profit under the United States, shall be appointed +an elector. + +[The electors shall meet in their respective States, and vote by +ballot for two persons, of whom one at least shall not be an +inhabitant of the same State with themselves. And they shall make a +list of all the persons voted for, and of the number of votes for +each; which list they shall sign and certify, and transmit sealed to +the seat of government of the United States, directed to the President +of the Senate. The President of the Senate shall, in the presence of +the Senate and House of Representatives, open all the certificates, +and the votes shall then be counted. The person having the greatest +number of votes shall be the President, if such number be a majority +of the whole number of electors appointed; and if there be more than +one who have such majority, and have an equal number of votes, then +the House of Representatives shall immediately choose by ballot one of +them for President; and if no person has a majority, then from the +five highest on the list the said house shall in like manner choose +the President. But in choosing the President the votes shall be taken +by States, the representation from each State having one vote; a +quorum for this purpose shall consist of a member or members from two +thirds of the States, and a majority of all the States shall be +necessary to a choice. In every case, after the choice of the +President, the person having the greatest number of votes of the +electors shall be the Vice-President. But if there should remain two +or more who have equal votes, the Senate shall choose from them by +ballot the Vice-President.] + +3. The Congress may determine the time of choosing the electors, and +the day on which they shall give their votes; which day shall be the +same throughout the United States. + +4. No person except a natural born citizen, or a citizen of the United +States, at the time of the adoption of this Constitution, shall be +eligible to the office of President; neither shall any person be +eligible to that office who shall not have attained to the age of +thirty-five years, and been fourteen years a resident within the +United States. + +5. In case of the removal of the President from office or of his +death, resignation, or inability to discharge the powers and duties of +the said office, the same shall devolve on the Vice-President, and the +Congress may by law provide for the case of removal, death, +resignation, or inability, both of the President and Vice-President, +declaring what officer shall then act as President, and such officer +shall act accordingly, until the disability be removed, or a president +shall be elected. + +6. The President shall, at stated times, receive for his services, a +compensation, which shall neither be increased nor diminished during +the period for which he shall have been elected, and he shall not +receive within that period any other emolument from the United States, +or any of them. + +7. Before he enters the execution of his office, he shall take the +following oath or affirmation:--"I do solemnly swear (or affirm) that +I will faithfully execute the office of President of the United +States, and will to the best of my ability, preserve, protect and +defend the Constitution of the United States." + +SECT. II. 1. The President shall be commander in chief of the army and +navy of the United States, and of the militia of the several States, +when called into the actual service of the United States; he may +require the opinion, in writing, of the principal officer in each of +the executive departments, upon any subject relating to the duties of +their respective offices, and he shall have power to grant reprieves +and pardons for offences against the United States, except in cases of +impeachment. + +2. He shall have power, by and with the advice and consent of the +Senate, to make treaties, provided two thirds of the Senators present +concur; and he shall nominate, and by and with the advice and consent +of the Senate, shall appoint ambassadors, other public ministers and +consuls, judges of the Supreme Court, and all other officers of the +United States, whose appointments are not herein otherwise provided +for, and which shall be established by law: but the Congress may by +law vest the appointment of such inferior officers, as they think +proper, in the President alone, in the courts of law, or in the heads +of departments. + +3. The President shall have power to fill up all vacancies that may +happen during the recess of the Senate, by granting commissions which +shall expire at the end of their next session. + +SECT. III. He shall from time to time give to the Congress information +of the state of the Union, and recommend to their consideration such +measures as he shall judge necessary and expedient; he may, on +extraordinary occasions, convene both houses, or either of them, and +in case of disagreement between them, with respect to the time of +adjournment, he may adjourn them to such time as he shall think +proper; he shall receive ambassadors and other public ministers; he +shall take care that the laws be faithfully executed, and shall +commission all the officers of the United States. + +SECT. IV. The President, Vice-President and all civil officers of the +United States, shall be removed from office on impeachment for, and on +conviction of, treason, bribery, or other high crimes and +misdemeanors. + + +ARTICLE III + +SECTION I. 1. The judicial power of the United States shall be vested +in one Supreme Court, and in such inferior courts as Congress may from +time to time ordain and establish. The judges, both of the Supreme and +inferior courts, shall hold their offices during good behavior, and +shall, at stated times, receive for their services, a compensation, +which shall not be diminished during their continuance in office. + +SECT. II. I. The judicial power shall extend to all cases, in law and +equity, arising under this Constitution, the laws of the United +States, and treaties made or which shall be made, under their +authority;--to all cases affecting ambassadors, other public ministers +and consuls;--to all cases of admiralty jurisdiction;--to +controversies to which the United States shall be a party;--to +controversies between two or more States;--between a State and +citizens of another State;--between citizens of different States;-- +between citizens of the same State claiming lands under grants of +different States, and between a State, or the citizens thereof, and +foreign states, citizens or subjects. + +2. In all cases affecting ambassadors, other public ministers and +consuls, and those in which a State shall be a party, the Supreme +Court shall have original jurisdiction. In all the other cases before +mentioned, the Supreme Court shall have appellate jurisdiction, both +as to law and fact, with such exceptions, and under such regulations +as the Congress shall make. + +3. The trial of all crimes, except in cases of impeachment, shall be +by jury; and such trial shall be held in the State where the said +crimes shall have been committed; but when not committed within any +State, the trial shall be at such place or places as the Congress may +by law have directed. + +SECT. III. 1. Treason against the United States shall consist only in +levying war against them, or in adhering to their enemies, giving them +aid and comfort. No person shall be convicted of treason unless on the +testimony of two witnesses to the same overt act, or on confession in +open court. + +2. The Congress shall have power to declare the punishment of treason, +but no attainder of treason shall work corruption of blood, or +forfeiture except during the life of the person attainted. + + +ARTICLE IV + +SECTION I. Full faith and credit shall be given in each State to the +public acts, records, and judicial proceedings of every other State. +And the Congress may by general laws prescribe the manner in which +such acts, records, and proceedings shall be proved, and the effect +thereof. + +SECT. II. 1. The citizens of each State shall be entitled to all +privileges and immunities of citizens in the several States. + +2. A person charged in any State with treason, felony, or other crime, +who shall flee from justice, and be found in another State, shall on +demand of the executive authority of the State from which he fled, be +delivered up, to be removed to the State having jurisdiction of the +crime. + +3. No person held to service or labor in one State, under the laws +thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but +shall be delivered up on claim of the party to whom such service or +labor may be due. + +SECT. III. I. New States may be admitted by the Congress into this +Union; but no new State shall be formed or erected within the +jurisdiction of any other State; nor any State be formed by the +junction of two or more States, or parts of States, without the +consent of the legislatures of the States concerned as well as of the +Congress. + +2. The Congress shall have power to dispose of and make all needful +rules and regulations respecting the territory or other property +belonging to the United States; and nothing in this Constitution shall +be so construed as to prejudice any claims of the United States, or of +any particular State. + +SECT. IV. The United States shall guarantee to every State in this +Union a republican form of government, and shall protect each of them +against invasion; and on application of the legislature, or of the +executive (when the legislature cannot be convened) against domestic +violence. + + +ARTICLE V + +The Congress, whenever two thirds of both houses shall deem it +necessary, shall propose amendments to this Constitution, or, on the +application of the legislatures of two thirds of the several States, +shall call a convention for proposing amendments, which, in either +case shall be valid to all intents and purposes, as part of this +Constitution, when ratified by the legislatures of three fourths of +the several States, or by conventions in three fourths thereof, as the +one or the other mode of ratification may be proposed by the Congress; +provided that no amendments which may be made prior to the year one +thousand eight hundred and eight shall in any manner affect the first +and fourth clauses in the ninth section of the first article; and that +no State, without its consent, shall be deprived of its equal suffrage +in the Senate. + + +ARTICLE VI + +1. All debts contracted and engagements entered into, before the +adoption of this Constitution, shall be as valid against the United +States under this Constitution, as under the Confederation. + +2. This Constitution, and the laws of the United States which shall be +made in pursuance thereof; and all treaties made, or which shall be +made, under the authority of the United States, shall be the supreme +law of the land; and the judges in every State shall be bound thereby, +anything in the Constitution or laws of any State to the contrary +notwithstanding. + +3. The Senators and Representatives before mentioned, and the members +of the several State legislatures, and all executive and judicial +officers, both of the United States and of the several States, shall +be bound by oath or affirmation, to support this Constitution; but no +religious test shall ever be required as a qualification to any office +or public trust under the United States. + + +ARTICLE VII + +The ratification of the conventions of nine States, shall be +sufficient for the establishment of this Constitution between the +States so ratifying the same. + +Done in Convention by the unanimous consent of the States present, the +seventeenth day of September in the year of our Lord one thousand +seven hundred and eighty-seven and of the Independence of the United +States of America the twelfth. In witness whereof we have hereunto +subscribed our names. + +[Signed by] Gº WASHINGTON + + Presidt and Deputy from Virginia + + + + +ARTICLES IN ADDITION TO AND AMENDMENT OF THE CONSTITUTION OF THE +UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE +LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF +THE ORIGINAL CONSTITUTION [Footnote: The first ten Amendments were +adopted in 1791.] + +ARTICLE I. Congress shall make no law respecting an establishment of +religion, or prohibiting the free exercise thereof; or abridging the +freedom of speech, or of the press; or the right of the people +peaceably to assemble, and to petition the government for a redress of +grievances. + +ARTICLE II. A well-regulated militia, being necessary to the security +of a free State, the right of the people to keep and bear arms, shall +not be infringed. + +ARTICLE III. No soldier shall, in time of peace be quartered in any +house without the consent of the owner, nor in time of war, but in a +manner to be prescribed by law. + +ARTICLE IV. The right of the people to be secure in their persons, +houses, papers, and effects, against unreasonable searches and +seizures, shall not be violated, and no warrants shall issue but upon +probable cause, supported by oath or affirmation, and particularly +describing the place to be searched, and the persons or things to be +seized. + +ARTICLE V. No person shall be held to answer for a capital, or +otherwise infamous crime, unless on a presentment or indictment of a +grand jury except in cases arising in the land or naval forces, or in +the militia, when in actual service in time of war or public danger; +nor shall any person be subject for the same offence to be twice put +in jeopardy of life or limb; nor shall be compelled in any criminal +case to be a witness against himself, nor be deprived of life, +liberty, or property, without due process of law; nor shall private +property be taken for public use without just compensation. + +ARTICLE VI. In all criminal prosecutions the accused shall enjoy the +right to a speedy and public trial, by an impartial jury of the State +and district wherein the crime shall have been committed, which +district shall have been previously ascertained by law, and to be +informed of the nature and cause of the accusation; to be confronted +with the witnesses against him; to have compulsory process for +obtaining witnesses in his favour, and to have the assistance of +counsel for his defence. + +ARTICLE VII. In suits at common law, where the value in controversy +shall exceed twenty dollars, the right of trial by jury shall be +preserved, and no fact tried by a jury shall be otherwise re-examined +in any court of the United States, than according to the rules of the +common law. + +ARTICLE VIII. Excessive bail shall not be required, nor excessive +fines imposed, nor cruel and unusual punishments inflicted. + +ARTICLE IX. The enumeration in the Constitution, of certain rights, +shall not be construed to deny or disparage others retained by the +people. + +ARTICLE X. The powers not delegated to the United States by the +Constitution, nor prohibited by it to the States, are reserved to the +States respectively, or to the people. + +ARTICLE XI. The judicial power of the United States shall not be +construed to extend to any suit in law or equity, commenced or +prosecuted against one of the United States by citizens of another +State, or by citizens or subjects of any foreign state. [Adopted in +1798.] + +ARTICLE XII. The electors shall meet in their respective States, and +vote by ballot for President and Vice-President, one of whom, at +least, shall not be an inhabitant of the same State with themselves; +they shall name in their ballots the person voted for as President, +and in distinct ballots the person voted for as Vice-President, and +they shall make distinct lists of all persons voted for as President, +and of all persons voted for as Vice-President, and of the number of +votes for each, which lists they shall sign and certify, and transmit +sealed to the seat of government of the United States, directed to the +President of the Senate;--the President of the Senate shall, in the +presence of the Senate and House of Representatives, open all the +certificates and the votes shall then be counted;--the person having +the greatest number of votes for President shall be the President, if +such number be a majority of the whole number of electors appointed; +and if no person have such majority, then from the persons having the +highest numbers not exceeding three on the list of those voted for as +President, the House of Representatives shall choose immediately, by +ballot, the President. But in choosing the President, the votes shall +be taken by States, the representation from each State having one +vote; a quorum for this purpose shall consist of a member or members +from two thirds of the States, and a majority of all the States shall +be necessary to a choice. And if the House of Representatives shall +not choose a President whenever the right of choice shall devolve upon +them, before the fourth day of March next following, then the Vice- +President shall act as President, as in the case of the death or other +constitutional disability of the President.--The person having the +greatest number of votes as Vice-President, shall be the Vice- +President, if such number be a majority of the whole number of +electors appointed, and if no person have a majority, then from the +two highest numbers on the list, the Senate shall choose the Vice- +President; a quorum for the purpose shall consist of two thirds of the +whole number of Senators, and a majority of the whole number shall be +necessary to a choice. But no person constitutionally ineligible to +the office of President shall be eligible to that of Vice-President of +the United States. [Adopted in 1894.] + +ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, +except as a punishment for crime whereof the party shall have been +duly convicted, shall exist within the United States, or any place +subject to their jurisdiction. + +Section 2. Congress shall have power to enforce this article by +appropriate legislation. [Adopted in 1865.] + +ARTICLE XIV. Section 1. All persons born or naturalized in the United +States, and subject to the jurisdiction thereof, are citizens of the +United States and of the State wherein they reside. No State shall +make or enforce any law which shall abridge the privileges or +immunities of citizens of the United States; nor shall any State +deprive any person of life, liberty, or property, without due process +of law; nor deny to any person within its jurisdiction the equal +protection of the laws. + +Section 2. Representatives shall be apportioned among the several +States according to their respective numbers, counting the whole +number of persons in each State, excluding Indians not taxed. But when +the right to vote at any election for the choice of Electors for +President and Vice-President of the United States, Representatives in +Congress, the executive and judicial officers of a State, or the +members of the legislature thereof, is denied to any of the male +inhabitants of such State, being twenty-one years of age and citizens +of the United States, or in any way abridged, except for participation +in rebellion, or other crime, the basis of representation therein +shall be reduced in the proportion which the number of such male +citizens shall bear to the whole number of male citizens twenty-one +years of age in such State. + +Section 3. No person shall be a Senator or Representative in Congress, +or Elector of President and Vice-President, or hold any office, civil +or military, under the United States, or under any State, who, having +previously taken an oath, as a member of Congress, or as an officer of +the United States, or as a member of any State legislature, or as an +executive or judicial officer of any State, to support the +Constitution of the United States, shall have engaged in insurrection +or rebellion against the same, or given aid or comfort to the enemies +thereof. But Congress may by a vote of two thirds of each house, +remove such disability. + +Section 4. The validity of the public debt of the United States, +authorized by law, including debts incurred for payment of pensions +and bounties for services in suppressing insurrection or rebellion, +shall not be questioned. But neither the United States nor any State +shall assume or pay any debt or obligation incurred in aid of +insurrection or rebellion against the United States, or any claim for +the loss or emancipation of any slave; but all such debts, +obligations, and claims shall be held illegal and void. + +Section 5. The Congress shall have power to enforce by appropriate +legislation the provisions of this article. [Adopted in 1867.] + +ARTICLE XV. Section 1. The right of citizens of the United States to +vote shall not be denied or abridged by the United States or any State +on account of race, color, or previous condition of servitude. + +Section 2. The Congress shall have power to enforce this article by +appropriate legislation. [Adopted in 1870.] + +ARTICLE XVI. The Congress shall have power to lay and collect taxes on +incomes, from whatever source derived, without apportionment among the +several States, and without regard to any census or enumeration. +[Adopted in 1913.] + +ARTICLE XVII, Section 1. The Senate of the United States shall be +composed of two Senators from each State, elected by the people +thereof, for six years; and each Senator shall have one vote. The +electors in each State shall have the qualifications requisite for +electors of the most numerous branch of the State Legislatures. + +Section 2. When vacancies happen in the representation of any State in +the Senate, the executive authority of such State shall issue writs of +election to fill such vacancies: Provided that the Legislature of any +State may empower the executive thereof to make temporary appointments +until the people fill the vacancies by election as the Legislature may +direct. + +Section 3. This amendment shall not be so construed as to affect the +election or term of any Senator chosen before it becomes valid as part +of the Constitution. [Adopted in 1913.] + +ARTICLE XVIII. Section 1. After one year from the ratification of this +article the manufacture, sale, or transportation of intoxicating +liquors within, the importation thereof into, or the exportation +thereof from, the United States and all territory subject to the +jurisdiction thereof for beverage purposes is hereby prohibited. + +Section 2. The Congress and the several States shall have concurrent +power to enforce this article by appropriate legislation. + +Section 3. This article shall be inoperative unless it shall have been +ratified as an amendment to the Constitution by the legislatures of +the several States, as provided by the Constitution, within seven +years from the date of the submission hereof to the States by the +Congress. [Adopted in 1919.] + +ARTICLE XIX. Section 1. The right of citizens of the United States to +vote shall not be denied or abridged by the United States or by any +State on account of sex. + +Section 2. The Congress shall have power to enforce this article by +appropriate legislation. + + + + +*** END OF THE PROJECT GUTENBERG EBOOK, PROBLEMS IN AMERICAN DEMOCRACY *** + +This file should be named 6460.txt or 6460.zip + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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