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The Project Gutenberg eBook of Social Civics
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Title: Social Civics

Author: William Bennett Munro
Charles Eugene Ozanne

Release date: February 10, 2024 [eBook #72924]

Language: English

Original publication: New York: The MacMillan Company, 1922

Other information and formats: www.gutenberg.org/ebooks/72924

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Transcriber’s Note:
Footnotes have been collected at the end of each chapter,
and are linked for ease of reference.
All illustrations, charts, tables and graphs are accompanied
by a separate explanatory page, either preceding or following.
Neither are included in the pagination. They have been moved
to the nearest logical paragraph break, and demarcated by
horizontal rules, which do not appear in the text. A chart, “The
Commission Plan”, facing p. 195, is missing from the list of
Maps, Charts, and Diagrams.
Minor errors, attributable to the printer, have been corrected.
Please see the transcriber’s note at the end of this text for
details regarding the handling of any textual issues
encountered during its preparation.
Any corrections are indicated as hyperlinks, which will
navigate the reader to the corresponding entry in the
corrections table in the note at the end of the text.

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SOCIAL CIVICS

Books by William Bennett Munro
The Government of the United States
The Government of American Cities
The Government of European Cities
Principles and Methods of Municipal Administration

JUSTICE

By Edward Simmons
This frontispiece is a reproduction of a famous mural
decoration in the New York Criminal Court House.
The background is the doorway of the criminal court
room. Justice stands before the entrance holding in one hand
the conventional scales as a token of impartiality, and in the
other hand a globe to symbolize the world. Over her left
shoulder is draped the national flag. Condemnation and
Acquittal are typified by the two children, one of whom
holds a sword, the other the dove of peace.
It has been usual to prefigure the Goddess of Justice with
her eyes bandaged, in token of her immunity from outside
influence. Mr. Simmons, however, has here portrayed Justice
with her eyes uncovered, because he believed that “Justice
should have her eyes wide open—particularly in New York
City”.
The artist’s wife and two children were the models for this
painting.

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JUSTICE. By Edward Simmons

Copyright by Edward Simmons. From a Copley Print,
copyright by Curtis & Cameron, Boston.
Reproduced by permission.

SOCIAL CIVICS
BY

WILLIAM BENNETT MUNRO
PROFESSOR OF MUNICIPAL GOVERNMENT
IN HARVARD UNIVERSITY

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AND

CHARLES EUGENE OZANNE
TEACHER OF CIVICS
IN THE CENTRAL HIGH SCHOOL, CLEVELAND, OHIO

NEW YORK
THE MACMILLAN COMPANY
1922
All rights reserved

PRINTED IN THE UNITED STATES OF AMERICA

Copyright, 1922
By THE MACMILLAN COMPANY

Set up and electrotyped. Published June, 1922

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PREFACE

Many excellent textbooks are already available for the teaching of civics.
Why should another be added to the number? Wherein does this book differ
from the rest? What are its outstanding features?
The Plan. This book covers a wider range than most texts. It includes not
only a survey of governmental framework and functions, but many topics
which are ordinarily spoken of as questions in economics, sociology, and
international relations. The propriety of including such topics scarcely
requires a defensive argument nowadays, for the old lines of demarcation in
the social sciences are rapidly breaking down. The problems of our complex
modern civilization pay no heed to technical boundaries. They are the joint
product of political, social, and economic forces. No one can get a grasp of
them if he lets his mind run on a single track. A well-organized course in
civics, or in the problems of democracy, should acquaint the student with
the great institutions, relations, and principles which dominate the life of the
community. To accomplish this end it should carry him as far afield as need
be.
The Method. Nevertheless, the main theme of this book is American
government. No matter what the topic under discussion, the authors have
tried to link it up with the drift and purposes of governmental action and
policy. This intimate and continuous connection between public problems
and public policy is the central concept of the book; it is the thread which
holds the various chapters together. There are many winding roads in the
broad domain of the social sciences, but sooner or later they all lead
through the realm of government.
The authors have not tried to discuss every possible phase of their
subject. Questions of outstanding importance have been given the right of
way; minor matters have been relegated to the footnotes or omitted
altogether. Those who desire enlightenment upon the odds and ends of
government or economics can get it from an encyclopedia. The primary aim
has been to get the facts hitched up to principles, and to set the principles in
their right perspective. For this reason considerable space has been given to

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problems which, although international in their scope, are of profound
importance to the people of the United States.
The Arrangement. No two textbook writers seem able to agree as to the
proper order in which material should be arranged. But the sequence of the
chapters is not, after all, a matter of much importance. No one feels under
any obligation to finish the Book of Deuteronomy before beginning to read
the Acts of the Apostles. The teacher who prefers to start with the civic
activities rather than with the organization of government should have no
hesitation in doing so. In this book, at any rate, each of the larger divisions
of the subject is treated independently, and does not depend upon the others.
Some schools devote a half year to civics, and a half year to economics.
Material adapted to such an arrangement can be obtained by a slight
transposition of the chapters.[1]
The Supplementary Material. More than a hundred pages are devoted to
lists of general references, group problems, short studies, questions, and
topics for debate. It is not anticipated, of course, that any teacher can find
time to use them all; but the endeavor has been made to afford ample
variety for selection. Among the general references are included not only a
few of the most authoritative and most recent publications, but also some
elementary books which can ordinarily be found in the smaller school and
public libraries. The group problems are intended to be of special service to
those teachers who use the “project method” of instruction; but in any event
the practice of setting groups of pupils to work upon problems of a
comprehensive character is a good one for every teacher to pursue at times.
Some of these group problems are “projects” in the strict sense of the term;
others are merely research topics of an elementary sort. Some involve field
work; some do not. The questions are not designed to be tests of memory,
but to provide a basis for socialized recitations, to provoke discussion, and
to encourage among the pupils the habit of forming their own opinions. The
numerous and varied topics for debate have been inserted with the idea of
lending encouragement to one of the most effective methods of promoting
interest in public problems.
The Point of View. In dealing with controverted questions, of which there
are a great many in the field of civics, the authors have tried to hold the
scales justly, and to give both sides a fair hearing. It may be that they have
not in all cases succeeded; if so, they can only plead the unconscious
partisanship to which all human flesh is heir. In any event these chapters

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have been written with a sincere desire to promote a more intelligent
citizenship, with an abiding faith in the merits of American government,
and with the conviction that the people of the United States will prove
abundantly capable of solving their manifold problems by the traditional
process of reconciling liberty with law.
The Illustrations. Apart from a number of diagrams, the illustrative
material has been drawn from the masterpieces of American mural art. They
symbolize what is best in our civilization; they may serve to give pupils a
passing acquaintance with a few creative works of enduring value; and they
have some artistic merit, which most textbook illustrations have not. For the
selection of these illustrations and for the explanatory legends which
accompany them, I am indebted to my wife.
A Word of Acknowledgment. To Mr. Ozanne this book owes a large part
of whatever value it may possess. He has had a great deal to do with the
arrangement of materials and the methods of presentation. Every page has
had his repeated scrutiny. It is to me a great pleasure to have had, in this
work, the close co-operation of one who possesses not only a mastery of the
subject but a rare proficiency in classroom methods.
WILLIAM BENNETT MUNRO.
Harvard University,
February 22, 1922.

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CONTENTS

PAGE
Preface v
PART I
THE AMERICAN ENVIRONMENT

CHAPTER
I. Human Society 1
II. The People, Races, and Racial Problems of the United 19
States
III. Economic Factors and Organization 37

PART II
THE ORGANIZATION OF GOVERNMENT

THE FOUNDATIONS OF GOVERNMENT
IV. The Nature and Forms of Government 62
V. The Citizen: His Rights and Duties 78
VI. Popular Control of Government 94

THE ELECTORAL SYSTEM
VII. Suffrage and Elections 118
VIII. Party Organization and Practical Politics 145

LOCAL AND STATE GOVERNMENT
IX. Counties and Rural Communities 166

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X. City Government 182
XI. Municipal Problems of Today 203
XII. State Government in Outline 226

NATIONAL GOVERNMENT
XIII. The National Constitution 246
XIV. Congress at Work 266
XV. The President and his Cabinet 286
XVI. The Courts and the Law 308

PART III
THE CIVIC ACTIVITIES

ECONOMIC
XVII. Natural Resources and Conservation 326
XVIII. The Agricultural Interests 339
XIX. The Encouragement and Regulation of Commerce 356
XX. The Organization and Control of Industry 383
XXI. Labor and Labor Problems 400
XXII. Currency, Banking, and Credit 424
XXIII. Taxation and Public Finance 450
XXIV. Public Utilities and Public Ownership 474

SOCIAL
XXV. Education 492
XXVI. Public Health and Sanitation 514
XXVII. Poor-Relief, Correction, and Other Welfare 540
Problems

INTERNATIONAL
XXVIII. The National Defence 563
XXIX. Foreign Relations 587

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XXX. The United States as a World Power 606
XXXI. The United States and the League of Nations 625
XXXII. Political and Social Reconstruction 646

APPENDIX
The Constitution of the United States 665

INDEX

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LIST OF ILLUSTRATIONS

Justice. By Edward Simmons Frontispiece
PAGE

The Family. By Charles Sprague Pearce Facing 12
The Melting Pot. By Vesper L. George ” 33
Thrift and Prosperity. By Frederick Dielman ” 50
Liberty, Fraternity, Equality. By Edward Simmons ” 78
Government. By Elihu Vedder ” 118
Good Administration. By Elihu Vedder ” 145
Washington at the Constitutional Convention. By Violet ” 255
Oakley
Science Revealing the Treasures of the Earth. By Edwin ” 329
A. Abbey
The Spirit of Vulcan. By Edwin A. Abbey ” 383
The Crowning of Labor. By John W. Alexander ” 400
The Evolution of the Book. By John W. Alexander ” 492
Justice and Mercy. By A. R. Willett ” 554
The Spirit of Light. By Edwin A. Abbey ” 606
The Graduate. By Edwin H. Blashfield ” 646

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LIST OF MAPS, CHARTS, AND DIAGRAMS

PAGE

The Center of Population Facing 21
The Growth of American Cities ” 183
The City Manager Plan ” 197
Municipal Administrative Departments ” 205
Traffic Zones ” 210
Simplified State Administration ” 241
Land Regions of the United States ” 340
The Relation of Money and Prices ” 443
The National Debt, 1860-1920 ” 467
The Control of Education ” 500
The Rise of Prices in War Time ” 582

SOCIAL CIVICS

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CHAPTER I
HUMAN SOCIETY

The purpose of this chapter is to explain why human beings have come together into a
society, to point out some of the chief influences which affect their action in organized groups,
and to show that government is the greatest of the agencies through which human co-operative
action is maintained today.
Man’s Place on the Earth.—The present The supremacy of
man.
organization of society finds its explanation in the
nature of man. Man is by nature a social being; he possesses intelligence
and the capacity to organize. Among living creatures man is by no means
the first in physical power—he is neither so strong as the lion nor so fleet as
the reindeer. But he dominates the earth because he more than makes up, by
his mental and moral superiority, for whatever may be lacking in physical
prowess. We do not know when mankind first began to assert its mastery
over all other forms of life on the earth, but it was a very long time ago.
Man’s superior intelligence gave him a start, and his capacity for
organization enabled him to clinch the victory. Today he is supreme on
land, at sea, and in the air.
The Principle of Development.—Human society Evolution.
did not come into existence all at once; it has grown to its present form
through the slow process of time. Everywhere we see the principle of
development at work—among individuals and among institutions.
Everything is still in a continual process of change and this has
unquestionably been the case for many thousands of years. Or to put it in
another way, new forms of life and institutions are continually being
evolved from older forms.
To understand this principle of continual change and Darwin and his work.
development it is necessary to know something about the doctrine of
evolution. This doctrine is commonly associated with the name of Charles
Darwin, for although many others had hinted at the idea, he was the first to
set it forth accompanied by scientific evidence.[2] Darwin’s theory has been
much misunderstood; in the illiterate mind it is often summed up by saying
that “Man is descended from the monkey”. But Darwin did not say anything
of the kind, neither did he ever deny the existence of God as the controlling

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factor in the life of the universe. Darwin’s theory of evolution asserted that
all forms of life now on earth have sprung from a few simple, primitive
types, and that human life is an evolution from one of these earlier forms.
Human institutions, likewise, did not arise instantaneously but developed
from simple and primitive beginnings into their complex structure of today.
The evidence upon which the doctrine of evolution Soundness of
rests is too extensive and too technical to be even Darwin’s theory.
summarized here but it is regarded as trustworthy by most scientists.[3] For
fifty years it has been studied, discussed, and tested by scholars with the
result that educated men are now disposed to accept the doctrine so far as
its main principles are concerned although they differ about various details.
It is astonishing how little we know, after all, about the beginnings of
things. We do not know when or how life began upon the earth. We do not
know the exact origin of man. But we do know that all forms of life and
institutions have grown; they were not created in the shape we now have
them. All the general laws of life which apply to plants and animals apply
also to man. Alike they are born, they are nourished, they mature, and they
produce descendants like themselves.
The method of evolution, according to Darwin’s The principle of
theory is based upon the principle of natural selection. “natural selection”
and the struggle for
It is a well-known law of nature that “like begets like”, existence.
in other words that offspring resemble the parent-stock
although there may be some individual differences. If it were not so, a
definite species would never be perpetuated. All forms of life, moreover,
reproduce themselves more or less abundantly. It is said that the progeny of
a single starfish exceeds half a million per year. Even the elephants, which
are the slowest breeding of all animals, produce a sufficiently numerous
offspring to over-run the whole of Africa if every young elephant grew to
maturity.
But nowhere does the entire progeny of any organisms, whether plants,
animals, or human beings, survive to full growth. If every acorn became an
oak tree, there would in time be no room for anything else on the surface of
the earth. If every tadpole grew to be a frog, there would be no room for
anything else in the waters of the earth. All life, however, is a struggle for
existence, a relentless competition for air, sunshine, moisture, and soil on
the part of plants, and for food and shelter on the part of animals. The
further down we go in the scale of life the more bitter this struggle for

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existence becomes; small animals eat up the plants; large animals feed on
the smaller ones. Higher in the scale, the struggle is not so keen, and among
mankind it is the least strenuous of all.
In this struggle for existence, what plants and animals survive? The
answer is that those which are best fitted to their environment continue to
exist and to reproduce themselves, while those which are more poorly
adapted to their environment fall out of the race and disappear. In other
words natural selection or the survival of the fittest was The survival of the
thought by Darwin to be the principle which determines fittest.
the course of evolution. The unfit perish and the fit survive, everything
depending upon the relative success of the organism in adapting itself to the
conditions under which it is endeavoring to live. The clumsy mastodon
became extinct; his bones are now relics in museums; but the horse, being
fleet of foot, managed to survive. The fit organisms,—plants or animals or
human beings,—have survived and have perpetuated the species. They gave
to their offspring the traits or qualities which enabled themselves to survive.
In that way each generation of organisms became a little better fitted to its
environment than the generation which went before. This is a slow process
for human beings, of course, for it takes twenty years or more to produce a
new generation of men, whereas new generations of birds, reptiles, and
lower animals appear every few months. The principle of natural selection,
moreover, does not fully account for the form which evolution has taken.
Other factors have also been at work, but scientists are not yet agreed as to
their nature or importance.[4]
Now how does the human race figure in all this? Natural selection as
Mankind has also been at all times under the necessity applied
race.
to the human

of adapting itself to its environment, and in the early
stages of human history those who did not successfully adapt themselves
went to an early grave. During century after century natural selection and
the other factors strengthened the race. As the race grew stronger in
intelligence, man undertook to subdue his environment rather than to be
subdued by it, and in considerable measure he succeeded. He discovered the
art of kindling a fire and made this element his servant in conquering the
cold. He domesticated wild animals, made them provide him with milk and
meat, and compelled them to carry his burdens. Step by step he mastered
the natural conditions which surrounded him. This he did by his ability to

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work with his fellow-men. Through this power of co-operation he created
group organizations—society, the state, and government.
The struggle for existence among men is not now, Today the strong
therefore, as it was in primitive days, a life-and-death assist the weak.
competition for food and shelter. Individuals have come to recognize each
other’s rights and to seek even their own advantage by co-operation rather
than by strife. The association of individuals in the family and the
community serves to preserve the weak whom a keen struggle for existence
would eliminate. Our whole system of poor-relief, hospitals, and care for
the defective is based upon the idea of giving a fair chance to those who
otherwise would be crowded out of the struggle for existence altogether.
The competition today is not so much between individuals as among
groups, small or large, including competition between whole nations of
men.
The Factors in Social Progress.—Two factors have The relative influence
greatly influenced the course of social evolution or of inheritance and
environment.
social progress. These factors are inheritance and
environment. By inheritance we mean the qualities, physical and mental,
which each generation inherits from the generation preceding. By
environment we mean the general surroundings, physical and social, in
which the people live. Mankind influences these surroundings to a
considerable extent and moulds them to his own needs, but in turn is also
influenced by them. Everything that is characteristic of man is the result of
these two forces, inheritance and environment. In some things the first is
more important, in others the second. For example, under normal conditions
the height of a man or woman is determined almost altogether by
inheritance, for no one by taking thought can add a cubit to his stature.
Intelligence, likewise, is to a large degree an inherited quality. But morals,
manners, education, and personal habits are determined much more largely
by environment than by inheritance.
The respective influences of inheritance and Which is the more
environment cannot, however, be in all cases clearly potent influence?
separated. Both often work to produce the same result, as when a person
who inherits a strong body and a sound mind is fortunate enough to be
placed in an environment where both body and mind are developed by out-
of-door life and a good education. Sometimes they work in opposite
directions, as when a child starts life with a strong physique and good

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natural intelligence, but grows up in a crowded tenement amid sordid
conditions which weaken the one and fail to afford scope for the other. We
cannot say, therefore, that one factor is always stronger or weaker than the
other. The social progress of the race is promoted by improving both
influences. Environment especially can be improved by human effort.
Man’s control of his inheritance is not nearly so complete, but everything
that conduces to the betterment of health or education and promotes a
higher morality is a step towards improving its influence.
Physical and Social Inheritance.—The influence of The two forms of
inheritance is exerted from two quarters which may be inheritance.
distinguished by calling them physical and social. By (a) Physical.
the former we mean the influence exerted upon human beings by the bodily
and mental traits which are handed down to them by their own parents. Not
all the characteristics of parents are transmitted to their children but mainly
those which the parents themselves have inherited. Traits or qualities which
have been acquired by the parents during their own lives do not ordinarily
descend to their children.[5] Parents who are born feeble-minded will in all
probability have feeble-minded children; but parents who acquire through
education a high degree of learning and culture cannot transmit any of this
to their children by inheritance. There is no royal road to learning. Some of
us are born with better or worse possibilities than others, but we are all born
illiterate.
The other form of inherited influence is called our (b) Social.
social heritage because it represents the whole accumulation of knowledge,
habits, and expedients which have come down to us by the social process of
teaching and learning. Each generation of mankind is enormously
dependent upon its social inheritance; without it everything that we now
call civilization would collapse in a very short time. Each generation takes
over all the knowledge possessed by the one which went before; each
generation adds something to this stock of knowledge, habits, and
expedients for the benefit of the generation which comes after it. Each
generation, if it is to live happily, must adapt this social inheritance to its
own particular needs.
Physical and Social Environment.—The other great The two kinds of
influence is that of environment. By physical environment:
environment we mean the conditions of nature and society in which man
lives, moves, and has his being. Physical environment includes the

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geographic, climatic, and other natural conditions which surround the
people. These conditions have an important influence (a) Physical.
upon the trend of human development and they are not, for the most part,
under man’s control. Man must adapt himself and his ways of life to them.
In cold climates he must wear warm clothing, provide artificial heat in
houses, and consume warmth-giving food. Groups of men must everywhere
mould their occupations to the character of the soil, the natural resources,
and the other conditions of the physical environment in which they live. It
is because of differences in physical environment that the Southern states
developed cotton-culture on a large scale and employed slave labor, while
the Northern states gave their attention to farming and industry with free
labor.
Physical environment, moreover, determines in some measure the
relations of the various races with their neighbors. Men will be influenced
by neighboring groups of men in so far as physical features make
intercourse easy or difficult. A race of men who live on a distant island, or
in any other shut-off region, will not be so easily influenced by neighboring
races as if they dwelt in the midst of a fertile plain. To some extent, as has
been said, man is able to overcome the difficulties which physical
environment sets in the face of progress. If there is inadequate rainfall, he
may devise a system of irrigation and carry on certain forms of agriculture
as successfully as though rainfall were abundant. By means of railroads,
steamships, and electric or radio communication he can be in constant
contact with other men who are separated from him by physical
obstructions. But however much the conditions of nature may be controlled,
they still exert a great influence upon human progress.
The social environment is quite a different thing. By (b) Social.
it we mean the conditions altogether apart from geographic or natural
features, which influence the daily life of mankind. We include within
social environment such things as family life, the schools, the churches, the
organization and methods of industry, the form of government—everything
that society develops in the way of institutions. Many of these, as has been
pointed out, are natural growths, but the mind of man has also had a large
part in shaping their course.
Most of the things we do, whether as a body of How customs and
people or as individuals, are merely the result of custom laws create a social
environment.
or general habit. Why do men have their hair cut short

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while women let their hair grow long? Why do people wear black when
they are in mourning? In some countries they wear white. The answer is
merely that every nation, through long-continued habit, develops its own
ways of doing things and keeps on doing things in that way regardless of
any present reason. Orientals, when they eat their meals, squat on the floor;
Europeans and Americans seat themselves at the table. Aryans shake hands
when they meet; the Esquimos hold their hands high above their heads as a
token of greeting. The gentleman of today, when he greets a lady on the
street, raises his hat. This is not a particularly graceful custom, nor is it in
rainy weather an altogether hygienic one; but it has been in vogue among
the people of western Europe for many centuries. It goes back to the days of
chivalry when the armored knight raised his visor to show his countenance
and disclose his identity.
Primitive races are governed largely by customs, and not until a race has
shown itself amenable to the influence of custom is it prepared to be
governed by laws. Laws differ from customs in that they have a definite
sanction, in other words are enforced by some official authority. The
institutions and practices which make up the social environment may be the
outcome of long-standing custom, like the system of trial by jury, for
example; or they may be brought into existence by law, as, for instance, the
admission of women to suffrage or the establishment of national
prohibition. The avowed purpose of all human institutions is to promote the
greatest good of the greatest number, in other words to provide the best
social environment.
Some Important Social Forces.—The basis of custom is habit.
Customs, in other words, are habits which extend to the Two important social
whole community and receive its approval. We do not forces: habit and
imitation.
always realize how great a part habit plays in our daily
lives.[6] Without it the day’s work could not be done. By habit we walk, eat,
dress ourselves, and perform many other common acts. Just think how long
it would take a novice to put the various parts of a watch together; but the
watchmaker, being habituated to the task, can do it in an hour. The
foundation of habit is imitation. One man does a thing successfully; others
follow his lead; a habit develops and a general practice or custom may be
the ultimate outcome. The influence of custom is usually conservative, for
when a custom is once firmly established it does not easily give way. Take
the custom of smoking tobacco, for example. Europeans found it in vogue

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among the Indians when they first came to America; they adopted it and
have kept it up for more than four hundred years. Sometimes, however, the
habit or custom is only of short duration, in which case we commonly call it
a fashion. Fashions come and go. A century ago men used snuff and women
powdered their hair; but these things have wholly passed out of fashion
today.
The Course of Social Progress.—Having considered the various social
factors and forces (development, inheritance, environment, custom, and so
on) we are now in a position to ask and to answer the following question: In
accordance with what principle has human society developed?
There was a time when even educated people imagined that such
organizations as the state were planned in advance, that individuals merely
came together in prehistoric days and agreed after calm deliberation to
establish a civil government. That, of course, was an absurd idea. Today we
realize that one step in social organization led gradually to another, that
institutions were not created but evolved, that various social factors and
forces exerted an influence upon their development, and that the strongest
institutions survived while the weaker disappeared.
In the course of human history associations of every Institutions that have
type have come into existence; many still continue to succumbed in the
struggle for existence.
flourish while others merely abode their little hour and
went their way. The organizations which we have today, including the
family, the school, the church, the community, the state, are among those
that have survived. Those that succumbed during the long journey down the
ages would make a formidable list. Who ever hears nowadays of the totem-
kin, the clan, or the gens? Where do we now find tribunes, praetors, augurs,
and triumvirates? Absolute monarchy, as a form of government, once held
sway over most of the world. But democratic government entered into
competition with it, and as there was not room enough for both, one
crowded the other off the stage. The great mediaeval institution of
feudalism dominated the rural life of Europe for more than five hundred
years, but the last relics of feudal tenure have practically all been swept
away. The trade guilds of the olden days, the orders of nobility, the crowns
and coronets, the soothsayers and the alchemists—all of them have
disappeared or are rapidly disappearing. The beaches of history are strewn
with the wrecks of social and political institutions. Some others, like the
hereditary peerages of a few European countries, are barely able to keep

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afloat. The institutions which survive and flourish are the ones that have
been found best fitted to survive.
The Fundamental Social Group.—In human Importance of the
society the foundation-group is the family. Human family.
beings are social by nature; the motive which draws people together is so
universal that we call it a natural instinct. Individuals do not live in
isolation. Nobody leads the hermit type of life if he can avoid it. Robinson
Crusoe was not on his little island because he wanted to be there. Even
among the least civilized races of men, among savage tribes, there is a
grouping of men, women, and children on the basis of blood relationship.
The family, as a unit, is older than either the state or the community. It is the
foundation upon which other groups and organizations have been built,
hence it is rightly called the “social microcosm” or basis of society.
The primary function of the family is to keep the The function of the
human race in existence. Its first duty is the rearing of family.
children so that a new generation may take the place of the old. Other duties
that belong to the family may be handed over to the school (the duty of
secular education) or to the church (the duty of religious instruction); but
the primary function of the family, that of perpetuating the race, is one
which cannot be transferred.
The whole stream of human life flows through the family organization.
The same virtues which make for harmony in the household,—obedience,
co-operation, loyalty, and service,—are the ones which mark good
citizenship; therefore the home is the primary school of all the civic virtues.
For this reason the collapse of the home and of home life would be nothing
short of a human catastrophe.

Page 25

THE FAMILY. By Charles Sprague Pearce
From a Copley Print, copyright by Curtis & Cameron, Boston. Reproduced
by permission.

THE FAMILY

By Charles Sprague Pearce
From the mural painting in the entrance pavilion of the
North Hall, Library of Congress.
This is the ancient family. The father has just returned
from hunting. The mother holds up the baby to welcome him
and his little daughter throws her arms about him. On the
benches of stone at either side of the group sit the
grandmother and grandfather, the latter with the air of a
patriarch. By his side lies a scroll. Three generations are
placed together in the idyllic environment of which the poets
have so often written.

Other Social Groups.—Out of the family grew the The clan.
clan, or group of families united by ties of kinships. In early days the clan

Page 26

was a wandering group, like the gipsy bands of today; but ultimately each
clan settled upon the land and became a community. In these communities
men became trained in manual labor; they developed customs and the
rudiments of a village government.
Then came the next stage—several village communities joined together
for defence against their mutual enemies. A loose confederation at first, this
group of communities in time became a state, usually with a chieftain or a
monarch at its head. In other cases a single village community grew in size
to such an extent that it became a city state, like Athens or Sparta. The most
notable example of this development is afforded by ancient Rome, where a
small community grew into a World Empire. The family, the clan, the
community, the confederation of communities, the state, and, ultimately, the
nation—that is the general course of political evolution, although this line
of development was not in all cases exactly followed.
But the evolution was not confined to political institutions alone. Social
and economic groups and institutions developed also. A variety of needs
called forth one institution after another, the church, the school, the club,
the industrial organization. Each has its own function in organized society.
The Rôle of Government.—The dominating factor Government is the
in the social and economic life of today, however, is the guiding hand.
political community (nation, state, and municipality), acting through the
agency which we call government. Government is the great co-ordinating
factor. Day by day we are looking more and more to government for
leadership, for regulation, and for supervision in all our greater social and
economic activities. In the field of social and economic effort, all roads lead
through government—it is the clearing house of our greater problems.
Whether the problem be one of banking, commerce, poor-relief, labor, or
defence we must reckon with the hand of government as one of the
strongest among constructive and harmonizing factors. Government is the
focal point in all civic relations. It provides a thread which winds its way
along every main line of civic activity. That has been particularly noticeable
in European countries; but it is now true of America as well. The greatest of
our socializing agencies is government.
Individual Liberty and Social Control.—In the America’s emphasis
United States strong emphasis has always been laid on individualism.
upon individual freedom, and rightly so, because the encouragement of
individual initiative is essential to progress in a new country. The

Page 27

exploitation of vast natural resources required that men should be given
encouragement to pioneer, and should not be held down by too much
governmental interference. “That government is best which interferes the
least” was the common notion. Stress was laid upon the prosperity of the
individual rather than upon the welfare of the whole people. This doctrine
of extreme individualism undoubtedly served a useful purpose in the days
when the country’s biggest problem was to increase production and gain for
itself a place among the strong nations of the world.
To a considerable extent this emphasis upon The influence of the
individualism was due to the influence of the frontier. frontier.
From the first settlement of the country down to about 1880 the American
people were engaged in the task of marching steadily westward, conquering
the wilderness as they went. This mastering of a great domain demanded
qualities of enterprise, initiative, and individual courage. It developed men’s
confidence in their own power and made them reliant upon their own
efforts. In old countries the natural tendency is for the individual to look to
the public authorities for leadership, guidance, and supervision; on the great
American frontier the pioneers had to hew their own way. They preceded
the state and the community. This emphasis upon individual initiative
remained as the frontier rolled west and profoundly affected the whole
social temper of the country.
In time a reaction came. Social control developed. The nature and scope
The more thickly populated a country becomes, the of social control.
more complicated do the relations of individuals grow, and the greater is the
need for general restraint. Social control, however, is not merely negative in
its purpose. Its object is not simply to restrain individuals in their freedom
of action but to encourage them in the thing which the general welfare
demands. The government is the chief agency through which social control
is exercised, but it is by no means the only one. Religious, fraternal,
professional, and benevolent organizations do a good deal in the same
general direction. Their function is to promote collective interests as
distinguished from the interests of individuals; they protect the collective
interests against the avarice or selfishness of individuals. The government
exercises social control by means of laws and administrative orders; other
organizations exercise it by their own rules or by customs which the
members obey.

Page 28

There is always a danger, of course, that social The limits of social
control may proceed too far. It is not the object of control.
government and of social organizations to run all men in the same mould,
making them mere automatons without individuality or initiative.
Government should aim to give sufficient scope for every individual to use
his abilities in the best possible way. Control over the acts and discretion of
individuals is justified only where such control promotes, in the long run,
the well-being of the greatest number of individuals. The state is not an end
in itself. Society is not an end in itself. The individual is the end. Society
and the state are merely means to the promotion of the general welfare and
the welfare of the individual. Their activities in the way of exercising social
control should go no further than this.
General References
C. H. Cooley, Social Organization, pp. 3-22;
H. G. Wells, Outline of History, Vol. I, pp. 3-103;
C. A. Ellwood, Sociology and Modern Social Problems, pp. 7-59;
F. S. Chapin, Social Evolution, pp. 3-101;
Vernon Kellogg, Darwinism Today, pp. 10-57; 129-157;
J. A. Thomson, Darwinism and Human Life, pp. 181-237;
D. S. Jordan and V. L. Kellogg, Evolution and Animal Life, pp. 1-56;
T. N. Carver, Sociology and Social Progress, pp. 174-270;
E. A. Ross, Social Control, pp. 1-105.

Group Problems
1. How far should society control the conduct of individuals? Why social control is exercised.
The extent of social control in older countries,—Great Britain, France, and Germany. Its growth in
America. Causes of this growth. The point at which it ceases to be justified. Illustrations. Effects of
too much emphasis on individualism. Effects of too much social restraint. Relation of social control
to socialism. References: E. A. Ross, Social Control, pp. 49-76; H. G. Wells, New Worlds for Old,
pp. 1-55; T. N. Carver, Sociology and Social Progress, pp. 788-808; Ibid, Principles of National
Economy, pp. 740-749.
2. What is progress? References: F. S. Marvin, Progress and History, pp. 8-10; John Dewey
“Progress” in International Journal of Ethics, xxvi, 312-318 (1916); James Bryce, Essays and
Addresses in War Time, pp. 84-102 (War and Progress); George Nasmyth, Social Progress and the
Darwinian Theory.
Short Studies
1. The past in the present. H. R. Burch and S. H. Patterson, American Social Problems, pp. 33-
43.
2. The beginnings of civilization. H. G. Wells, Outline of History, Vol. I, pp. 183-208.
3. Earlier forms of the family. C. A. Ellwood, Sociology and Modern Social Problems, pp. 108-
130.
4. The development of the tribe into the community. J. Q. Dealey, The State and Government,
pp. 24-45.

Page 29

5. The American family as an economic unit. Mary K. Simkhovitch, The City Worker’s World,
pp. 1-21.
6. The relation of leisure to family life. Florence Kelley, Some Ethical Gains through
Legislation, pp. 105-125.
7. The influence of environment. F. S. Chapin, Social Evolution, pp. 121-170.
8. Habit. William James, Psychology, I, pp. 104-127.
9. The influence of frontier conditions upon the development of American society. F. J.
Turner, The Frontier in American History, pp. 1-38.
10. Individualism. Herbert Spencer, Social Statics, pp. 100-136; C. W. Eliot, The Conflict
between Individualism and Collectivism in a Democracy, pp. 1-42.

Questions
1. How would you define “society”? Is it an organism? What resemblances to an organism does it
bear?
2. Explain the following terms: instinct; impulse; natural selection; social inheritance; social
environment; habit; custom; fashion; mob mind; institution; social control. Give examples of each.
3. How has physical environment affected the ideas of the American people in relation to (a)
national defence; (b) form of government; (c) social control? How has the physical environment of
England affected the ideas of the English people on the same matters?
4. What racial characteristics do you find most strongly marked in the (a) Scotch; (b) Irish; (c)
Scandinavians; (d) Italians; (e) Jews; (f) Japanese?
5. Name any institutions, other than those given in the text, which have served mankind for a time
and been discarded.
6. Can you think of any customs which are universal throughout the world? Any which prevail in
the United States but not elsewhere? Any which prevail in some parts of the United States but not in
others?
7. Do Americans in general pay too much deference to custom? Is there any ground for the
European idea that there is “too much uniformity” in American life?
8. Are crowds likely to be more conservative or more radical than the individuals who compose
them? Give your reasons. What is the difference between a mob, a crowd, a meeting, and a
deliberative assembly?
9. The family, as an organization, differs not only in size but in nature, from all other social
organizations such as the community, the state and the nation. Show how this is.
10. In what ways would society suffer if the family as a social unit were broken down?
11. To what extent has society the right to regulate, as a measure of self-protection, the institution
of marriage?
12. Why have we laid emphasis upon individualism in this country? Explain why this stress is
being steadily diminished.
13. Should social control be exercised over (a) the methods of agriculture; (b) the marketing of
timber; (c) the production and sale of tobacco; (d) the rates charged by electric lighting companies;
(e) the price of bread at retail bakeries; (f) the hours of labor for men; (g) the hours of labor for
women; (h) the kind of pictures shown in theaters; (i) the diet of the people; (j) the hours at which
young people may be on the streets after dark; (k) the religious beliefs of the people? Tell why or why
not in each case. Is a greater degree of social control justified over certain classes of the population
than over others? Is it justified at certain times and not at others?
14. If society exercises too little control over the individual, what evils result? If it exercises too
much control, what are the consequences (a) upon the individual; (b) upon society itself?

Topics for Debate

Page 30

1. Physical environment has had a more important influence than racial characteristics in
determining the establishment and maintenance of democratic institutions in the United States.
2. Thomas Jefferson was right when he said “That government is best which governs least”.
3. Society is under obligation to ensure every industrious man a decent living.

Page 31

CHAPTER II
THE PEOPLE, RACES, AND RACIAL PROBLEMS OF
THE UNITED STATES

The purpose of this chapter is to explain how the population of the United States has grown,
how it is distributed, the varied races of which it is composed, and the racial problems which
immigration has created.

We, the People of the United States.—The national How the national
constitution begins with the words: “We, the People of population has grown.
the United States”. But who are the people? No one cares to carry a lot of
figures in his head and most people think that statistics are uninteresting;
but there are some figures which everyone ought to know and, moreover,
there are some statistics which are far from being dry or tedious. The
figures relating to the population of the United States, its growth and
distribution, are interesting because they portray something that the world
has never seen before and probably will never see again,—a country
doubling its population four times in just about a single century. That is
what the United States did in the hundred years from 1790 to 1890. In 1790
the entire population was less than four millions. (There are more people in
the single city of New York today, and almost as many in Chicago.) The
population had doubled in 1813, and had doubled again in 1838, when it
passed sixteen million. In 1864, only twenty-four years later, it had doubled
once more (32,000,000). It passed the sixty-four million mark in 1891, and
in all probability will double for the fifth time about the year 1940. In 1920,
when the last national census was taken the population had passed
105,000,000.
Now if you will take the data at the foot of the page Will this increase
and work the calculation to the year 2000 (allowing for continue? If so, with
what results?
the gradual slackening of the increase) what will the
population of the United States be then?[7] It will be around three hundred
millions, which is more than the white population of the entire world today.
Even so the country would not be nearly so thickly populated as some

Page 32

European countries now are. Today there are in the United States about
thirty-five persons to the square mile. But there are 700 to the square mile
in England and 658 per square mile in Belgium, which are two of the most
thickly-populated of all countries at the present time.[8] Three hundred
million people in the United States, if the figure should reach that total at
the end of the twentieth century, would be less than one hundred per square
mile. There would still be six acres of ground for every man, woman and
child in the country. Whether there would be a sufficient food supply to
support so large a population is another question and one which is not so
easily answered.

THE CENTER OF POPULATION
The way in which the center of population has been
steadily moving westward is indicated by this map. It will be
noted that in its journey to the west it has held closely to the
39th parallel of latitude. The median point, on the other
hand, has remained practically fixed during the last thirty
years.
The location of the median point is determined as follows:
Take the parallel of latitude which divides the country in
such manner that half the population is north of that parallel
and half is south of it; similarly, take the meridian of
longitude which divides the country in such manner that half
the population is east of it and half is west of it; the
intersection of this parallel and this meridian is called the
median point.

Page 33

CENTRE OF POPULATION
AT EACH CENSUS: 1790 TO 1920

MEDIAN POINT
1880 TO 1920

☆ CENTER OF POPULATION Δ MEDIAN POINT

How the National Population is Distributed.—The Some areas are more
people of the United States are very unevenly densely populated
than others.
distributed over the face of the country. Great areas,
particularly in the West, have only a few persons to the square mile, while
the crowded sections of the largest cities have many hundreds to the acre.
Even the rural areas of some states are thickly settled while in others the
people are few and far between. Rhode Island is nearly as densely
populated as Belgium, having about 566 people to the square mile while
many states of the Western mountain region have only seven or eight
inhabitants per square mile of territory. The reasons for this uneven

Page 34

distribution are chiefly geographical. The states which have grown most
rapidly in population are not necessarily the oldest states but the ones which
have the greatest natural advantages in the way of fertile soil, or mineral
resources, or harbors and waterways, or favorable climate. People make
their homes in those regions where they can best make a living.
Favorable climatic conditions exert a strong Climate affects the
influence in attracting population. It is an interesting density of population.
fact, often noted by students of history, that whereas civilization developed
earliest in the tropical and semi-tropical zones it has everywhere made its
greatest advance in the regions of moderate temperatures and rainfall.
Taking the broad strip of country which lies between the thirty-seventh and
the forty-fifth parallels of latitude, it will be found that nearly four-fifths of
the entire population is concentrated within this mid-latitude area of the
United States. And this is the area which, in all probability, will continue to
be the most thickly settled.
The center of population in 1920 was at Whitehall, The center of
Owen County, Indiana, a little town of forty-three population in 1920.
inhabitants which burst into prominence overnight when the census bureau
announced it as the pivot of the nation. By the center of population is meant
the point which the greatest number of people could reach with the least
amount of travel. This point, at each successive census, has been steadily
moving westward following very closely the thirty-ninth parallel of latitude.
In 1790 it was at Baltimore, in 1840 in West Virginia, in 1880 in Ohio, and
since 1890 it has been moving westward across Indiana.[9] The center of
population is a long way from the center of area, the latter being in
Northern Kansas not far from the Nebraska border.
The Drift of Population to the Cities.—The distribution of the people
has also been influenced by the growth of large cities. In 1790 there were
only five communities with populations exceeding 8000, namely New York,
Philadelphia, Boston, Baltimore, and Charleston. Taken altogether they had
only 130,000 inhabitants, that is to say only one person in every thirty lived
in these towns. But so rapidly did the various towns and cities spring up all
over the country that by the time of the Civil War there were nearly 150
with populations above 8000, and today there are nearly a thousand. Not a
single American city had 70,000 population in 1790; today there are more
than a hundred such cities.

Page 35

This remarkable drift of population into the towns The chief causes of
and cities, which began early in the nineteenth century city growth.
and has continued ever since, shows no signs of slackening. It is due to
many causes, including the great demand for industrial labor in the cities,
the attractiveness of city life to the young men and women of the country
districts (see p. 351), and the tendency of the immigrants to locate in the
crowded centers. Wherever industry and commerce thrive, there cities will
be built and will grow. Half the population of the United States is now
living in towns and cities of over 2500 population. If the drift to the cities
continues at its present rate of progress, ninety per cent of the people will be
living in the cities and towns by 1980 and only ten per cent in the country
districts. That is already the case in England.[10] One Englishman in every
seven lives in London. That seems to be a very striking fact until we
remember that one American in every ten lives in New York, Chicago, or
Philadelphia. New York City has nearly six millions now; in fifty years, at
its present rate of growth, it will be an urban giant of fifteen millions or
more.
Why do the immigrants go to the cities rather than to Why most immigrants
the country districts? The chief reason is that most go to the cities.
immigrants come to the United States to find work, and work is most easily
found in the large cities. The great majority of immigrants have learned no
trade before they come to America, hence they must seek jobs which
require no great amount of skill or training. Another reason is that the
immigrants want to be near others who speak their own language. In every
large city these foreign colonies or settlements are created—Italian, Polish,
Jewish, and so on. The newcomer naturally prefers to live in one of these
colonies until he learns the English language, but having become
accustomed to the city he rarely leaves it. Among the many millions of
immigrants who have come to America during the past fifty years the great
majority have gone to the cities, particularly to the large cities. New York
City, for example, contains today more than two million people who were
not born in this country. Nevertheless, the cities have not been built up by
the immigrant alone. Large numbers of native Americans have left the rural
districts and have helped to swell the population of the urban centers.
The Ebb and Flow of Immigration.—The United States has been the
melting-pot of the nations. No other country has ever welcomed to its
shores so many millions of people from all parts of the earth. One hundred

Page 36

years ago there were relatively few foreign-born persons in the country. But
waves of immigration soon began to come and the number of incoming
aliens, which was less than ten thousand in 1790, rose to more than four
hundred thousand in some of the years preceding the Civil War. The
immigrants during this period were for the most part from England, Ireland,
and Germany. During the Civil War the influx subsided, but when the war
was over it quickly began to swell once more and it continued, with various
ups and downs, to the outbreak of the World War in 1914.
In some years, during this period since 1865 the Where the immigrants
number of immigrants has been as low as 200,000; in have come from.
other years it has run above a million. Nearly every European race has been
represented in this influx, although some have come in much larger
numbers than others. Down to about 1880 most of the newcomers were
from Ireland, England, Scotland, Germany, the Scandinavian countries, and
the other regions of Northern Europe. But since that date the source of
immigration has been steadily shifting. During the past forty years a much
larger proportion has been coming from Italy, Austria, Hungary, Poland,
Greece, and some of the smaller countries.[11] This has brought in many
millions of people who are not of Celtic or Teutonic stock.
Upon the outbreak of the great European conflict in Effects of the war on
1914 the flow of immigration subsided quickly and immigration.
while the war lasted it practically ceased altogether. This was due in part to
the reluctance of European countries to let their people leave, and in part
due to the lack of shipping, since all available vessels were engaged in
carrying troops, munitions, and supplies. Immediately after the close of
hostilities, however, the exodus from Europe recommenced, and in the year
1920 the figures of immigration once more rose into the hundreds of
thousands. In spite of the strict regulations imposed by the United States
government, enormous numbers of people in Poland, Italy, Hungary, and
various other countries began applying for permission to migrate. The
American consular offices in Europe were besieged by long lines of people
waiting all day for passports to the Promised Land. In the face of this
threatened flood Congress felt impelled to place all immigration under strict
limitation, as will be explained a few paragraphs later.
During the hundred years from 1820 to 1920 it is estimated that more
than thirty million immigrants reached the United States, which is the
largest migration in history.[12] It is true that considerable numbers of these

Page 37

immigrants eventually drifted back to their native lands but the larger
portion of them remained permanently here.
Causes of Immigration.—The causes of The various factors
immigration to this country are manifold. First in which have caused
Europeans to leave
importance among them is the economic attractiveness their own countries.
of the United States. Cheap land, equal opportunities,
the ease with which any industrious man or woman can make a living—
these are the magnets which drew millions of people across the Atlantic
during the nineteenth century. But there were other causes, namely, the
existence in various parts of Europe of conditions which encouraged the
people to emigrate. Religious persecution was one of the first things that
drove men or women to America. It brought the Pilgrims to Massachusetts
in the early days, the Quakers to Pennsylvania, and the English Catholics to
Maryland. Political oppression in the middle years of the nineteenth century
sent several million Germans to the United States, particularly to the
Middle West. Oppression, both religious and political, has been
instrumental in driving the Jews across the seas. Overcrowding in both the
cities and the rural regions of Europe and the consequent inability of the
people to obtain lands of their own, has been responsible for much of the
drift to America. The exhaustion of the soil in Ireland, the crop failures and
consequent famines there, have led to the migrations of the Irish, although
dissatisfaction with political conditions has also been a factor in this case.
To a considerable extent, moreover, immigration has been assisted by those
aliens who were already settled in this country. Immigrants arrived in this
country and by hard work soon became prosperous. Then they sent passage-
money to their friends and relatives until whole groups of families were
enabled to come to America in this way. The steamship companies, too,
have advertised the attractions of America in all parts of Europe; they have
kept agents at work in many countries, and have been an important factor in
promoting immigration.
Nevertheless the underlying causes of immigration The economic factors
are economic. Immigrants come in greater numbers have been the most
important.
when prosperity reigns in America than in periods of
business depression. This indicates that high wages and plenty of
employment are the things which have the greatest influence in bringing
them here. The democratic institutions of America have played their part,
no doubt, and the relative social equality which exists among the people of

Page 38

the United States has been an attraction to those who are denied such
equality in their own homelands. But the equality of economic opportunity,
the open career, the chance of making a good living and even a fortune—
these, after all, have been and still are the impelling forces.
The Effects of Immigration.—A large immigration How the immigrant
is certain to have far-reaching effects, particularly if the has
life.
affected American

newcomers be of a widely different race. It has
assuredly had far-reaching effects in the United States. Take the importation
of the negroes as the most conspicuous example. The coming of several
hundred thousand persons of African blood, during the years preceding
1808, has resulted in placing a colored population of more than ten millions
in the heart of a white man’s country, with all the social, economic, and
political problems that this situation implies. It influenced the agricultural
system of the Southern states, provided the underlying causes of the Civil
War, and has profoundly affected the politics of the United States down to
the present day. The problem presented by the immigration of the various
European races has been altogether different because these races can be
assimilated whereas the negroes can not. Even so, the European
immigration has presented its own problems and the coming of these many
millions has had profound effects upon every branch of American life.
Social Effects.—The social effects are chiefly in the The making of a
way of introducing natural traits or qualities which composite race.
were not in the American people during the early period. Immigration has
resulted in making a cosmopolitan population which is not uniform in
temperament or tastes, and can be made uniform only by the long-continued
process of assimilation. This lack of uniformity is in some ways an
advantage, not a defect. It may give us, in the long run, a more vigorous
population than could ever be had from the development of a single strain.
Whether the new composite race which ultimately emerges from the
melting-pot will be superior or inferior to the original stock is something
which only the future can tell. One disappointing feature is to be found in
the fact that many of these immigrants are inferior to the average native-
born American in physique, in mentality, and in moral fibre. It is sometimes
asserted that the immigrant population is responsible for more than its due
proportion of crime but no satisfactory evidence has yet been brought
forward to prove this statement. It is a fact, however, that poverty and
illiteracy are more common among the foreign-born than among the native

Page 39

white population. It is quite likely that the new environment will do much
to remedy this condition and that the second generation, through the work
of the public schools, may measure up to the native-born. These public
schools are the most potent of all forces in the work of Americanization. It
is upon them that we must depend to make the ultimate social effects of
assimilation beneficial to the country.
Economic Effects.—Immigration has had important Immigration in its
economic results. It has kept the labor market well relation to industry
and labor.
supplied and throughout the last three-quarters of a
century has aided the great industrial expansion of the country. American
industry and commerce could not have grown to such proportions without
the man-power which has been obtained in such enormous quantities from
Europe. We have used great numbers of aliens in building the railroads of
the country, in mines and steel mills, in workshops and factories. On the
other hand the flood of immigration has at times proved too strong. It has
on occasions served to produce an over-supply of labor and this, in turn, has
caused wages to fall. Labor leaders claim that the steady stream of
immigrants has prevented the rise in the American workman’s standard of
living which otherwise would have taken place. Organized labor would like
to place a protective duty upon immigrants. If the newcomers could be
scattered evenly over the whole country instead of being concentrated in the
urban areas, this danger of glutting the labor supply would be very small. In
any case, as has already been pointed out, the situation tends to adjust itself,
because immigration always falls off when business depression causes a
slackening in the demand for labor.
Political Effects.—The exact political effects of Ways in which the
immigration are hard to determine. It is to be immigrant has
influenced American
remembered that most of our immigrants have come politics.
from countries where they were given no political
opportunities, or almost none. Prior to their arrival in the United States they
have had no experience with democratic institutions. Yet we have freely
offered them, after five years of residence, the privilege of becoming
citizens and voters. The rest of the world has always looked upon this as a
very dangerous experiment in democratic government; nevertheless its
results have not been at all disastrous. True enough, the newcomers have
often been exploited by unscrupulous politicians and they have sometimes
allowed themselves to be misled into supporting incompetent or corrupt

Page 40

candidates, especially in the large cities. But the alien immigrant is not
wholly or even chiefly responsible for the bad government that we have had
from time to time in various parts of the country. Some of the worst
political abuses have flourished in states and cities where the proportion of
foreign-born citizens is relatively small. Political reformers rail at the
iniquities of “foreign-born bosses”, but the fact is that most of our notorious
political bosses have been native-born. Notwithstanding the admission of
many million aliens to all the rights of American citizenship it can be fairly
claimed that American government in its various branches, national, state,
and local, is just as honest and efficient as that of any other country.
The Restriction of Immigration.—Until about forty The gradual stiffening
years ago there were practically no restrictions upon the of the regulations.
coming of aliens to the United States, but in 1882 laws were passed by
Congress to exclude paupers, criminals, and the insane. All laborers of the
Mongolian race were also debarred. Three years later, in 1885, it was
provided that no immigrant of any race should be admitted to the United
States if under contract to perform labor in this country. And from this date
to the present the restrictions have gradually been tightened. In 1917
Congress established a literacy test for all immigrants over sixteen years of
age, and in 1921 it made further provision that the number of immigrants
admitted each year from any European country should not exceed three per
cent of the natives of that country already in the United States, as shown by
the census figures of 1910. A tax of eight dollars per person is now imposed
upon every immigrant.
There are some who believe that it would be wise to Should immigration
prohibit immigration altogether, at any rate until be altogether
forbidden?
conditions in both Europe and America become more
settled. They argue that we already have as many aliens as we can
Americanize for some time; that immigration at the present time increases
unemployment, and that the quality of immigrants is now considerably
below what it used to be. On the other hand it is urged that the industrial
growth of the United States requires a larger supply of labor than can be
provided without immigration and that by providing proper facilities for
selection we can make sure of getting only the right type of immigrant.
Our Racial Problems.—We have several serious racial problems in this
country including the problem of the European immigrants in the East
(particularly in the cities), the negroes in the South, and the Japanese on the

Page 41

Pacific slope. The large percentage of European immigrants in the Eastern
cities has already been mentioned, and the problems which their presence in
these cities creates have been alluded to. The European immigrant can be
assimilated, but the process takes time because a large part of it must be
accomplished through education. If the immigrants could be persuaded to
scatter over the country instead of congregating in the cities with their
fellow-immigrants, the problem of making real Americans out of them in a
short time would be simplified.
The Negroes.—The problem of the negro is older Extent of the negro
and more difficult still. They are of a race so far population.
removed from the white population of the United States that there is no
hope of their ever being assimilated. They were brought here by the tens of
thousands without any adequate appreciation of the problem which their
presence would eventually create, and they form an unmeltable mass in the
melting-pot of American society. At the outbreak of the Civil War the
colored population of the United States, most of whom were then slaves,
numbered less than five millions, or about one-tenth of the total population
of the entire country. Now they number about ten millions. In other words
the negroes have a little more than doubled in sixty years. This is a much
slower rate of natural increase than has been made during the same sixty
years by the white population. A high death rate, especially in the cities, is
mainly responsible for this.
The chief home of the negro is still, as it has been Economic status of
from the beginning, in the South. Nearly nine-tenths of the negro.
the colored population of the United States lives below the Mason and
Dixon line, particularly in the great agricultural plain which stretches from
Virginia southwestward to Texas. In two states, Mississippi and South
Carolina, the blacks outnumber the whites; in three others, Alabama,
Georgia, and Florida, they almost equal them. Most of the Southern negroes
live in the rural districts and are engaged in the cultivation of the soil; those
who have made their way to the Northern states, more than a million in all,
live chiefly in the cities. During the past few years the negroes have been
coming northward in greater numbers.
The problem of the negro has many phases, political, Can the negro
social, and economic. The political problem arises from problem be solved?
the fact that although the negroes are guaranteed by the constitution the
right to vote they are by one means or another debarred from voting in

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practically all the Southern states. The economic problems have been due,
in the main, to the lack of educational facilities for the negro, and
particularly to the absence of opportunities for vocational education. This
defect is now being remedied to some extent by the spread of vocational
schools, of which Tuskegee and Hampton Institute are the best-known
examples. The social separation between the white and colored races,
especially in the Southern states, is as absolute as ever it was and there is no
reason to think that this separation will ever be broken down. When two
races in the same community must live their lives entirely apart there is
bound to be some mutual suspicion and distrust. In any case the negro
problem, in its various phases, must be solved by the white population of
the Southern states if it is to be solved at all.
The Japanese on the Pacific Slope.—Some years The “gentlemen’s
ago the influx of Japanese into the states of the Pacific agreement”.
slope gave rise to the fear that the Far West would soon have a great racial
problem on its hands if this immigration were allowed to go on unchecked.
One of these states, California, enacted laws designed to prevent the owning
or leasing of land by Japanese and pressure was brought upon Congress
with a view to having the Japanese shut out of the country altogether. In the
end, through diplomatic negotiations, a “gentlemen’s agreement” was
concluded between the American and Japanese governments by which the
latter promised to grant no more passports enabling its citizens to emigrate
to the United States, except in the case of merchants, students and others
whose residence in this country would be temporary. The Japanese
government has lived up to the letter of this agreement, but this has not
prevented a good many Japanese coming into the United States under one
subterfuge or another. The Western states are determined that their territory
shall remain a “white man’s country”; on the other hand the Japanese
government is not willing to agree by formal treaty to the exclusion of its
own people from any other country. As a great and powerful nation,
civilized and progressive, Japan feels that such a treaty would be a
humiliation. So there the matter rests at present. Japanese are not forbidden
to enter the United States; we are merely depending upon the informal
promise of the Japanese government to keep them from coming here.

THE MELTING POT

Page 43

By Vesper L. George
From a mural painting in the McClain High School,
Greenfield, Ohio.
From the giant steamship at the left comes a procession
which includes men, women, and children of many races.
Each immigrant, whether Greek or Russian, Jew or Gentile,
brings some gift of art or skill to lay at the feet of America,
his new motherland. The Melting Pot is not a huge cauldron
into which all individuality is to be poured so that it may
become a homogeneous and commonplace mass, but a
crucible in which the gold of character and personality is to
be discovered and refined for the enrichment of all.
To the right are the sons and daughters of these
immigrants. They have become successful in the trades and
professions; they and their children have gained education;
they are contributing their share to the wealth, government,
defence, and prosperity of the nation. The picture embodies
a spirit of true Americanism.

THE MELTING POT. By Vesper L. George

Copyright by Vesper L. George. From a Copley Print, copyright by Curtis
& Cameron, Boston. Reproduced by permission.

On the Pillar to the left the words Equality and Liberty indicate what the immigrants seek in
America. On the Pillar to the right the words Opportunity and Prosperity indicate what they find. On
the pedestal are graven the stirring words which Paul addressed to the men of Athens nearly nineteen
hundred years ago.

Page 44

Americanization.—Among the European immigrants now in the United
States there are many thousands who cannot speak the English language,
who have never become citizens, know nothing about the way in which
American government is carried on, and have no comprehension of
American political or social ideals. This situation was not fully appreciated
until the outbreak of the World War. During the past few years an earnest
attempt has been made both by the public educational authorities and by
private organizations to Americanize these people by helping them to learn
the language, to obtain a knowledge of American history, to become
naturalized, and to acquire a proper conception of what American
democracy implies. This does not mean, of course, that we desire all people,
of whatever race, to possess the same temperamental traits, or hold the
same opinions, or have the same point of view. Diversity in individual
qualities, physical, mental, and moral, is not undesirable provided the
differences are not so great as to prevent the various elements from
adequately understanding one another. By Americanization we do not mean,
therefore, that every newcomer to this country should submerge his
individuality in the general mass, discard his own inherited traits, and put
on a veneer of Americanism. Rather it implies that those who are the
children of the soil, the native-born, should exemplify the Golden Rule
towards the stranger who comes within our gates and should endeavor to
show him, by actions as well as words, the meaning of good citizenship in a
democracy.
General References
T. N. Carver, Principles of National Economy, pp. 123-140;
J. R. Commons, Races and Immigrants in America, pp. 1-38; 63-106;
J. W. Jenks and W. Jett Lauck, The Immigration Problem, pp. 1-39; 40-66;
Mary Antin, The Promised Land, pp. 180-240;
Edward A. Steiner, On the Trail of the Immigrant, pp. 292-333;
Peter Roberts, The New Immigration, pp. 124-172; 173-199;
E. A. Ross, The Old World in the New, pp. 228-281, and passim;
Booker T. Washington, Up From Slavery, pp. 1-62;
L. H. Gulick, The American-Japanese Problem, pp. 3-27; 118-183.

Group Problems
1. Should immigration be further restricted? The history of immigration. What the immigrants
have done for the United States. Economic, social, and political disadvantages of immigration. The
present restrictions. Figures showing the probable influx of immigrants under the percentage system
during the next ten years. What further restrictions would improve the quality of immigration? How

Page 45

might these restrictions be enforced? Could the selection be made at the port of sailing? Conclusions.
References: P. F. Hall, Immigration, pp. 121-138; J. W. Jenks and W. J. Lauck, The Immigration
Problem, pp. 135-197; E. A. Ross, The Old World in the New, pp. 282-304; Peter Roberts, The New
Immigration, pp. 341-359; Debaters’ Handbook Series, Immigration, pp. 69-81; 148-163 (arguments
on both sides); F. J. Warne, The Tide of Immigration, pp. 313-361.
2. The foreign-born population of your own community. Take some such book as F. A.
Bushee’s Ethnic Factors in the Population of Boston, or H. B. Woolston’s Study of the Population
of Manhattanville, or Robert A. Woods’ Americans in Process, and note the plan followed in
studying the characteristics of foreign-born groups. Some excellent suggestions can be had from
Carol Aronovici’s booklet Knowing One’s Own Community. Apply this plan to a survey of your
own town or city. Some data can be had from the national and state census reports in the case of
larger cities; in smaller communities the material must be gathered by field work.
3. An effective program of Americanization. References: F. S. Bogardus, Americanization, pp.
186-225; Peter Roberts, The Problem of Americanization, especially pp. 45-108.

Short Studies
1. The economic effects of immigration. E. A. Ross, The Old World in the New, pp. 195-227.
2. The immigrant in American politics. M. K. Simkhovitch, The City Worker’s World, pp. 181-
209; P. F. Hall, Immigration, pp. 183-198; R. A. Woods, Americans in Process, pp. 147-189.
3. The German immigrant. A. B. Faust, The German Element in the United States, pp. 357-390.
4. The Italian immigrant. R. F. Foerster, The Italian Immigration of Our Times, pp. 374-411.
5. The Slavic immigrant. E. G. Balch, Our Slavic Fellow Citizens, pp. 349-377.
6. Our treatment of the immigrant. Jacob A. Riis, The Making of an American, pp. 58-100; E. A.
Steiner, From Alien to Citizen, pp. 53-71; 122-168.
7. Immigrant life in the large cities. R. A. Woods, The City Wilderness, pp. 33-57; Ibid.,
Americans in Process, pp. 104-146.
8. The economic problems of the negro. Booker T. Washington, The Future of the Negro, pp.
42-66; Carl Kelsey, The Negro Farmer, pp. 22-28, and passim.
9. The problem of the Japanese on the Pacific coast. L. H. Gulick, The American-Japanese
Problem, pp. 3-27; H. A. Millis, The Japanese Problem in the United States, pp. 152-196.
10. As others see us. Hugo Muensterberg, The Americans, pp. 229-254.

Questions
1. What has been the relative rate of increase of population in your own state during the last two
decades? Has the rate been more or less rapid than that of the nation as a whole? To what features is
the difference due? What racial elements are strong in the population of your state and in what
industries are each of these elements chiefly engaged?
2. What have been the impelling causes of immigration from (a) Germany; (b) Ireland; (c) Italy;
(d) Russia?
3. Give four reasons why most immigrants settle in the cities.
4. Explain the principal effects of immigration upon (a) the growth of industry; (b) the scale of
wages; (c) municipal politics; (d) the public school system (including evening schools, etc.).
5. Which races are the most difficult to assimilate and why?
6. Make some definite suggestions as to how the conditions of the negro race can be made more
tolerable in this country.
7. Should Japanese as well as Chinese be excluded by law from immigrating to the United States?
Give your reasons.
8. What mistakes are we most likely to make in our zeal for the Americanization of non-English
speaking immigrants?

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Topics for Debate
1. The period of residence required for the naturalization of aliens should be extended to more than
five years.
2. Aliens ought to be debarred from employment on national, state, and municipal work.
3. The national government should take jurisdiction over and prevent all racial discrimination by
the state.

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CHAPTER III
ECONOMIC FACTORS AND ORGANIZATION

The purpose of this chapter is to show how wealth is created and how it is distributed among
the people.

The Economic Needs of Man.—The most Primitive needs and
elementary needs of human beings are for food, modern needs.
clothing, and shelter. Until these are satisfied no higher needs can develop.
In the lowest stages of barbarism men are content with the satisfaction of
these elementary needs alone; but as they obtain a greater mastery over
nature and are able to supply these wants more easily, other and higher
wants arise within them. As men and women become more intelligent and
more refined, they grow discontented with the primitive and coarser kinds
of food; they seek more presentable clothing than the skins of wild animals;
they replace their rude huts with substantial houses of wood. Step by step,
as the human race has advanced in civilization, its needs have become more
numerous and more varied. Purely material requirements being satisfied,
other and higher demands arise. The spiritual and social aspirations make
their appearance. As mankind passes each stage in civilization it finds,
through the growing control over nature, that purely material wants can be
satisfied with less and less exertion. Men gain their daily bread today with
infinitely less effort than in primitive times. The chief reason is that they
have learned to act collectively in mastering the forces of nature; in other
words they have achieved a high degree of economic organization.
The Economic Motives.—Self-preservation is the How the economic
first law of nature. The primeval instinct in man is to motives promote
progress.
look out for himself, to protect himself from hunger,
thirst, and hardship. This, for the moment, is more important to him than the
satisfaction of his social and civic needs. Hence the economic motive, the
instinct which prompts him to seek the means of getting a living, is

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extremely strong. This instinct the lower animals possess as well, but it does
not carry them beyond the satisfaction of elementary wants. The birds of the
air and the beasts of the fields have never enlarged or raised the scale of
their needs beyond the simple requirements of food, drink, and shelter. No
matter how easily obtainable these become they make no progress to
anything higher. But mankind, endowed with superior mental faculties and
a spiritual nature, does not rest content with the easy earning of a
livelihood. The economic motive prompts men and women to move on, to
achieve wealth, to procure luxuries, and to gain such happiness as the
possession of worldly goods can bring. This economic motive, deeply
implanted in humanity, has been a great incentive to progress in civilization,
—probably the greatest of all incentives.
Let it not be assumed, however, that because the The altruistic motive.
economic motive is strong in man he is an altogether selfish creature. There
is also an altruistic motive which impels him to help his fellow-men, even
at personal sacrifice. Men desire to gain wealth for themselves, but having
gained enough and to spare, they frequently devote much of it to the
assistance of those who have not been so fortunate. The higher our
civilization the more marked does this spirit of altruism or economic
unselfishness become.
The Subject-Matter of Economics.—The study of Economic goods.
economics does not concern itself with all the possible wants and
aspirations of men. It deals only with the production, distribution, and
consumption of those things which satisfy man’s desire for (a) material
objects and (b) personal services. In other words economics is a subject
which concerns itself with the production, distribution, and consumption of
economic goods, a term which includes material possessions known as
wealth and also such personal services as have an economic value. Not all
things of a material sort are economic goods; air and sunlight, for example,
being free to all, require no effort on the part of man to obtain. They are
called free goods. We apply the term economic goods only to such things
and services as satisfy human wants and are not to be had free. Requiring
effort to produce, these economic goods are limited in supply and hence
have a value in exchange for other goods. For this reason they are
commonly spoken of as wealth. Certain personal services, those of the
physician, the lawyer, the foreman, the laborer, also have an economic
value in that they are limited in supply, satisfy material wants, and can be

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exchanged for tangible goods. These services form a part of the economic
activities of society, a very important part. So the study of economics
includes these personal services as well.
The Consumption of Wealth.—All economic goods Present and future
are produced for the purpose of being used. This use is economic goods.
what the economist calls consumption. Some economic goods are in
finished form, ready for immediate consumption at any time; others are in
the form of raw materials or half-finished products not yet ready to be used.
Hence we distinguish between present and future economic goods.
Economic organization strives to manage matters so that a sufficient supply
of economic goods will reach their finished form in time to fill the demands
that arise. This demand on the part of the consumers determines the
methods and amount of production. If there is no demand for a particular
kind of economic goods, these goods will not be intentionally produced. On
the other hand a vigorous demand will encourage production and speed up
the process of distribution.
So we get back, in the end, to the proposition with Demand and supply.
which we started, that the purpose of economic activity and organization is
to supply human needs. Where the need is felt, the demand arises. When the
demand arises, the agencies of supply, namely production and distribution,
usually respond. One of the great tasks of economic organization, therefore,
is to estimate the probable demand and so influence production and
distribution that the supply will neither be excessive nor fall short. If there
is an over-supply of any commodity, prices normally will fall. That means
that goods may bring less than it costs to produce and to distribute them.
One reason for the organization of industry on a large scale under great
corporations is that supply can thus be kept closer to demand. At any rate
the consumer, by his greater or smaller demand, virtually determines all
activities of production and distribution. He is the pivot of the whole
economic system.
Whether the demand on the part of the consumer will The factors in
be larger or smaller depends on three factors. The first demand.
is the utility of the goods to him. Economic goods do not have the same
utility to all men at all times. The utility of ice on a warm summer day may
be considerable; in midwinter it is next to nothing. The utility of eye-glasses
to short-sighted men is great; to men of normal sight they have no utility at
all. Economic goods may, therefore have a greater or smaller utility

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depending upon the place, the time, and the consumer. Bear in mind,
moreover, that each consumer matches the utility of one commodity with
the utility of other commodities which he finds available, and his demand
follows the direction of the greater utility. A second factor in demand is the
price of the goods. When the price goes up, the demand ordinarily will go
down, because some customers will decide that the utility of their money is
greater than that of the goods at the increased price. Finally, demand
depends in part upon the purchasing power or wealth of the consumers. In
prosperous times, when people have plenty of income, the utility of goods
seems greater than the utility of money; in times of depression and low
incomes the reverse is true. The interaction of these three factors determines
the demand.
Economic Production.—Production is the general What production
term applied to all the processes whereby economic means.
goods are adapted to the satisfaction of human wants. We are often told that
no man can either create or destroy a single atom of matter. Strictly
speaking, therefore, production does not mean the creation of economic
goods but the utilization of materials in such a way that they may satisfy the
consumers’ demands. This utilization may involve changing their form, as
where iron is made into tools or wool into cloth. The miner who takes coal
out of the earth; the farmer who makes two blades of grass grow where one
grew before; the mason who hews the stone for the building; the baker who
makes flour into bread; the manufacturer who takes leather and turns it into
shoes—all are engaged in production. So, also, are such workers as
statesmen, judges, lawyers, physicians, and teachers. They may not directly
produce commodities but their services are essential to the smooth working
of the processes of production. The only workers who do not deserve to be
called productive laborers are thieves, swindlers, counterfeiters, and other
parasites. They often work harder than would suffice to earn them an honest
living; but their labor is not productive. They live on what others produce.
The Factors in Production.—There are five factors Natural resources,
in production; namely, (1) natural resources (including labor, capital,
organization, and
land); (2) labor; (3) capital; (4) organization and government.
management; (5) government. Natural resources,
without the application of labor to them, do not go far in satisfying human
wants. Men cannot live on soil, climate, rainfall, and minerals. Nor can
labor and natural resources, when one is applied to the other, succeed in

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producing all the economic goods which people in an advanced stage of
civilization require. Capital is also essential—capital in the form of
machinery, or in the form of money to support labor during the process of
production. These three things, natural resources, labor, and capital must be
brought together, furthermore, and kept working in unison. This is where
organization, the fourth factor in production, comes in. It borrows the
capital, buys the raw materials, sets the labor to work, and markets the
products. Government is not commonly looked upon as a factor in
production, but it ought to be. Without the protection and regulation which
government affords we could not carry on production at high efficiency. It
is government that assures to labor, capital, and organization their rightful
shares in the joint production and thus affords them the incentive to do their
best.
Nature’s Contributions to Production.—Nature Land and its
contributes to the production of economic goods such resources.
things as land, timber, waterways for transportation, minerals, coal and oil,
the motive power of steam,—in a word nature provides all the materials and
the environment of production. Hence it is fundamentally the most
important of all the factors. If one studies the history of those nations which
have become great in various periods in history, it will be found that the
basis of their material greatness was in practically every case the bounty of
nature. Civilization made its first advance in the fertile valleys of the
Euphrates and the Nile. Its progress since the dawn of history has been
conditioned by man’s success in discovering and using natural resources.
Among the contributions of nature to production some, such as land, can
be brought under private ownership. So long as land was plentiful and
population scanty there was no occasion for private property in land. When
Caesar first came into contact with the Teutonic tribes he found that land
was not held in private ownership. Everyone took what he wanted; when
the land seemed to be growing exhausted the whole tribe moved on to some
other region. But as these tribes grew in number and unoccupied land
became less plentiful, common ownership gave way to private ownership.
The Anglo-Saxons had reached this stage before they migrated to England.
Land held in private ownership can be bought, sold, Rent.
and leased. When it is leased, the owner receives for its use a payment
known as rent. Rent may be defined as the return which is obtained by the
owner of any form of natural resource. This includes not only land but

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mines, water-powers, trout-streams, and so forth. The return which is
received for the use of unimproved land is usually called ground rent, while
the return which results from improvements such as buildings upon the
land, fences, and drains is called improvement rent. Strictly speaking, this is
not rent, but a return upon invested capital. The amount of ground rent paid
for any piece of land depends upon its relative fertility, if it is to be used for
agriculture, and its location. Location alone determines the ground rent of
land in towns and cities.
Labor as a Factor in Production.—What is labor? What is labor?
Is all muscular and mental exertion entitled to be called labor? Mountain
climbing involves the most severe sort of bodily effort. Tourists do it for
pleasure and guides do it for pay. Is it labor in one case and not in the other?
Some men play chess for recreation; others make a living out of it; in either
case there is strenuous mental exertion involved. So where does labor begin
and end?
No exact answer can be given to that question. One man’s play is another
man’s labor,—gardening, fishing, acting on the stage, for example. But
economists usually define labor as “human exertion or effort directed
toward the creation of economic goods”. This includes mental as well as
physical exertion. All who are engaged in the production of material things
or personal services for the satisfaction of human wants are engaged in
productive labor.
Labor, of course, is of great economic importance. The economic
The natural resources of the American continent were importance of labor.
as great three hundred years ago as they are today; yet they were practically
useless in satisfying human wants because the red man would not and could
not bestow his labor upon them. It remained for the white man to transform
natural resources into economic goods. This he has done not only by the use
of muscular exertion but by the application of intelligence. Labor is never
an end in itself; it is always a means to an end, and this end is the
satisfaction of human demands.
Division of Labor.—In applying their labor to The simple and
natural resources men soon found that the best results complex forms of
division of labor.
could be obtained by apportioning different tasks to
different workers. This is called the division of labor and it has been one of
the great factors in the progress of production. In its simpler form, division
of labor merely meant that each workman confined himself to a simple

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occupation and carried through all the processes of production in that
particular trade. The cloth-maker, the shoemaker, the implement-maker
performed all the work of making cloth, shoes, or implements from start to
finish. This simple division of labor was practiced in very early times. But
as the world moved forward a more complex division of labor developed
and this is particularly a feature of modern production. In this development
the individual worker is assigned to make only a part of a commodity. The
making of cloth is no longer a trade, but embodies a series of trades—that
of the wool-carder, the spinner, the weaver, the fuller, the dyer, and the
finisher. In the modern shoe factory one employee cuts the sole, another
trims it, a third turns the heels, a fourth sews the uppers to the sole, and so
on. There are more than twenty distinct operations in the making of a
factory shoe, each requiring special skill on the part of the worker.
In the time of the Roman empire it is said that only thirty-seven different
trades and professions were in existence. Today the number runs into the
thousands. It would be practically impossible to make a list of them all.
This is the age of specialists. Men no longer call themselves shoemakers but
cutters, lasters, welters, sole-makers. Even in the engineering profession we
have electrical engineers, civil engineers, mechanical engineers, locomotive
engineers, stationary engineers, mining engineers, marine engineers, and
chemical engineers.
Advantages and Disadvantages of Division of Labor.—Division of
labor has brought many economic advantages. It enables the worker, by
constant practice at a single operation, to acquire skill and dexterity. It
enables almost every worker to find some task that he is able to do and for
which he has a special liking or aptitude. It stimulates the invention of new
processes and methods by reducing each operation to the simplest possible
form, at which point it can often be taken over by machinery.
But the elaborate division of labor which marks modern industry also has
its defects. It increases the monotony and irksomeness of labor. It prevents
the development of all-round craftsmen, men who can turn their hands to a
variety of things. Hence when a worker in modern industry loses his regular
employment it is difficult for him to change to anything else. Confining
men and women to a single, simple task day after day and year after year
tends to narrow them; it certainly does not conduce to the extension of their
intelligence. No great inspiration comes from his work to the man who
spends his life in making the nineteenth part of a pin.[13] Division of labor

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has come to stay, however, and in spite of all these disadvantages the world
is on the whole far better for its coming. It has made the production of
goods so much easier that to give it up now would carry the world back to
primitive conditions and lower the standard of living.
Our aim should be to utilize all its advantages while reducing its evils to
the minimum. This we may hope to do by several methods; for example, by
reducing the daily hours of labor, by promoting vocational education, by the
restriction of child employment, by a better organization of the labor market
(see p. 418), and by providing wholesome recreation for the workers.
Is Labor a Commodity?—Labor, as a factor in Labor is a service.
production, receives its return in the form of wages. A generation ago it was
customary to speak of labor as a commodity and to say that the worker
“sold his labor” for wages. But labor is not a commodity. The seller of
goods parts company with them when he makes a sale; the worker is
inseparable from his work. The man who sells shoes cares not who wears
them; but it makes some difference to the shoe-worker how and where and
for whom he labors. No commodity, moreover, is so perishable as labor.
The labor of one day will not keep for sale the next. Hence sales of labor, if
we call them such, are in the nature of forced sales. In the case of nearly all
commodities, again, the supply can be diminished by stopping production,
thereby preventing a drastic fall in price. But the supply of labor cannot be
so easily cut down. The analogy between labor and commodities is a poor
analogy and it is much better to speak of labor as a personal service.
Workers contract with employers for the giving of this service and should
receive, in return, not only wages but various assurances as to the
conditions under which the service is to be rendered. The Congress of the
United States, in the Clayton Act of 1914, declared that “the labor of a
human being is not a commodity or article of commerce” and that an
organization of workers was not to be regarded, therefore, as a
“combination in restraint of trade.”
Wages.—The wages of labor depend fundamentally The factors which
upon demand and supply. But as the supply of labor is cause wages to rise
and fall.
not susceptible to a quick and unlimited increase or
reduction, wages depend principally upon demand. When there is an
increased demand for economic goods, due to factors which have already
been explained (see p. 40), the quest for labor becomes more keen on the
part of employers; better terms are offered to the worker; in other words

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wages go up and the conditions of labor are improved. When the demand
for economic goods diminishes the contrary takes place, but in this case the
decline in the rate of wages does not, as a rule, keep exact pace with the
decrease in demand. Organizations of labor strive to keep wages up and
often succeed, temporarily at least, in doing so. During the years 1918-
1920, when the demand for economic goods expanded greatly, the wages of
labor in the United States went up promptly all along the line. When the
turn in the tide came, about the middle of 1920, wages began to fall slowly
and their descent has been very gradual. Wages, thus, incline to follow the
general course of prices but they show this tendency more clearly when
prices are going up than when they are coming down. This is altogether
natural, for higher wages conduce to a better standard of living, and when
such better standard has been achieved there is objection to any lowering of
it.
This suggests that a distinction ought to be drawn Nominal and real
between nominal and real wages. Wages, of course, are wages.
not an end in themselves; they are merely a means which enables the
worker to satisfy his wants. The real utility of wages depends, therefore,
upon what they will purchase, and this, again, depends upon the general
level of prices. Even if wages, reckoned in dollars, go up fifty per cent, the
worker is no better off if the general level of prices also goes up fifty per
cent. A worker’s nominal wages are what he receives in dollars; his real
wages are reckoned in terms of purchasing-power. The rate of wages should
always be studied, therefore, in connection with prices. An increase or
decrease in nominal wages may mean much or it may mean very little.
There is a limit below which real wages cannot fall. The minimum wage
This is the point at which the worker can manage to level.
maintain himself and his family. Just where this point is, stated in terms of
money, no one can say. It varies in different parts of the country. Before the
World War the statistics showed that half the adult male workers in this
country were earning less than six hundred dollars a year, yet the standard
of living among American workmen was higher than that of the workers in
any other country. Today it is probable that these same workers are earning
more than a thousand dollars. This does not mean, necessarily, that the
standard of living has risen, for the amount of nominal wages needed to
maintain the pre-war standard is greater because of the rise in prices.
How capital arose.

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Capital.—Capital is the third factor in production. In primitive industry
the application of labor to natural resources produced direct and almost
immediate results. The savages who gathered nuts and caught fish with their
hands, for example, gained the fruits of their efforts at once. But these direct
methods of satisfying their wants did not carry mankind very far. It soon
became apparent that men could produce economic goods more easily and
more abundantly by indirect methods, that is by the use of tools,
implements, machinery, and other labor-saving devices. These made
possible the utilization of minerals and other natural resources which could
never have been made to serve the wants of man without using the
appliances of indirect production. So, as civilization developed, production
came to be spread over a considerable period of time, until today it often
happens that a whole year intervenes between the first step in production
and the sale of the finished article. Consider the articles of daily use,
clothes, shoes, furniture, books, and realize how vast has been the series of
operations necessary to produce each of them! Many workers have
contributed their share, and each of these has had to receive his wages long
before the goods passed into the hands of the ultimate consumer.
Now the factor which has enabled production to What it includes.
become indirect and long-spread-out is capital. Capital consists of all the
intermediate things which men use in producing economic goods. It
includes buildings, materials, machinery, and the money which pays the
wages of the workers. The use of capital saves labor by enabling a given
amount of it to achieve vastly better results than would be the case if capital
did not exist. Capital is really stored-up labor in the form of economic
goods which have been produced but not consumed. In other words it is the
result of saving. If everything that the world produces were at once
consumed, there would be no capital.
Interest on Capital.—Interest is the return paid to How the rate of
the owner of capital for its part in production. It is his interest is determined.
recompense for saving his economic goods instead of consuming them.
Productive capital is frequently in the form of material things but its value
is reckoned in terms of money and a certain per cent per annum is paid on
this value in the form of interest. Were it not so, there would be no strong
inducement for men to save, and capital would not be forthcoming. The rate
of interest depends, in a general way, upon the interaction of demand and
supply. If the demand for capital exceeds the supply, the rate of interest will

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ordinarily go up, and vice-versa. But this does not always take place
because capital is sometimes obtained at a fixed rate for a long period, and
this rate, whatever it is, remains the same for the duration of such period.
Organization and Management as a Factor in Why organization is
Production.—When labor and capital are brought into essential.
play upon natural resources the production of economic goods is the
outcome. But these three factors are in separate hands and have to be
brought into co-operation. Owners of lands, mines, and forests control the
natural resources; another class possesses the capital; a third is in a position
to furnish the labor. Organization brings all three into joint action for the
production of wealth.
This organization may take any one of several forms. The forms of
The simplest form of organization is represented by the organization.
individual employer, the man who borrows capital (or provides it from his
own savings), purchases the raw materials, and hires labor to be applied to
it. He is an organizer of the productive process. This system of single
employers was nearly universal in the earlier stages of industry and trade.
Next comes the partnership. Two or more men assume the task of bringing
natural resources, capital, and labor together. The partners divide the work
and jointly assume all responsibilities of loss. Finally, and most common in
large-scale production nowadays, there is the joint stock company or
business corporation in which many persons participate. Each contributes to
the organization and takes a proportionate share of the risk.[14] The nature
and work of these corporations are explained in a later chapter.

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THRIFT AND PROSPERITY. By Frederick Dielman.

Copyright by Frederick Dielman. From a Copley Print, copyright by
Curtis & Cameron, Boston. Reproduced by permission.

THRIFT AND PROSPERITY

By Frederick Dielman
From a mosaic picture in the Albany Savings Bank,
Albany, N.Y.
A mosaic is a decoration formed out of small pieces of
natural stone or enamel, of various colors, set in cement.
This decoration measures fourteen feet by seven and one-
half, the figures being somewhat larger than life size.
Under a fruit tree in a landscape suggesting grain fields
and meadows, is a group of figures. The central and
principal figure, the mistress of a household with her distaff
and spindle, typifies industry and good management; behind
her on either side among the hollyhocks are beehives—the
conventional emblems of industry and saving.

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In the foreground on the left, a woman with a sheaf of
wheat at her feet and a sickle in her hand turns toward the
keeper of the flocks and herds. At the right, a kneeling
maiden lays a basket of fruit near the sheaf of wheat, while a
stalwart man, adze in hand, bares his arm for work. All these
figures symbolize the different branches of agriculture. The
children and the young animals typify the way in which each
young generation is nourished by the industry and thrift of
its elders.
The whole impression of this picture is one of industry,
prosperity, thrift, and—by reason of these three—happiness.

Profits.—The return received by the organizers and The nature of profits.
managers of productive enterprises is commonly known as profit. The
amount of their profit depends upon the degree of success with which they
can produce goods for less than the selling price. Every employer or
organizer assumes a considerable amount of risk. He obligates himself to
pay definite amounts for the use of capital, materials, and labor no matter
what the value of the finished products. If this value be less than the cost of
production, he loses; if it be more, he gains. Losses, if continued, mean
bankruptcy. Gains are profits and, if continued, make him rich. It will be
seen, therefore, that the employers or organizers of production take more
risk than those who supply the materials, the capital, or the labor. Their
success, in other words their rate of profits, depends in What determines the
general upon the degree of managing and organizing rate of profits.
ability which they display; but it sometimes happens that profits will be
high in all branches of production for a time irrespective of the employer’s
skill. The price of the finished product may rise without an immediate and
proportionate increase in the cost of materials, interest, and wages. This
situation, while it continues, affords an opportunity for abnormal profits or
“profiteering” as it is often called. Abnormal profits may also be due to the
existence of a monopoly in a particular form of production.
Government as a Factor in Production.—It has not The economic
been customary to speak of government as one of the importance of
government.
essential factors in production, but a few moments’
reflection will show that its part in the process of industry and trade is very

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important. To begin with, the government determines what forms of
production may be carried on and by what methods. It forbids certain
forms, such as the making of intoxicants, and strictly limits others, such as
the manufacture of narcotics. It gives to some individuals and corporations
the exclusive right to produce certain articles under patents. It determines
the forms of business organizations, the responsibilities of employers, the
rules relating to partnership, and the powers of corporations. It sets a limit
upon the rate of interest by means of usury laws and through its banks may
virtually control the rate (see p. 438). The government, moreover, makes
rules for the conservation of natural resources and to some extent fixes the
relation between the employer and his workers. At times it even fixes
prices. It provides courts and commissions for the settlement of disputes
affecting production. Finally, the whole system of private property rests
upon the support of the government.
What return does the government get for these Taxes as an element
services to production? Offhand, one might say that the in cost.
government receives its return in taxes. In a sense this is true, for taxes, like
interest, wages, and profits, must be paid from the selling price of goods.
Taxes, indeed, must be provided for before profits can be determined. But it
is not usual, nor is it accurate, to speak of taxes as a reward or return for
services which the government renders. Revenue in the form of taxation is
essential in order that a government may function properly, yet there is no
close relation between the rate of taxation and the amount of service given.
This whole question of taxation, in theory and in practice, will be discussed
further on.

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Some Essential Economic Activities

Exchange.—It has been shown that several factors in The way in which
production are each entitled to their share. This share is each factor in
production obtains its
reckoned in terms of money because every producer share.
gets his own return in terms of money. In other words
goods are exchanged for money, and money in turn is exchanged for other
goods or service. This mechanism of exchange engages the energy of a
great many individuals and institutions, such as wholesalers, retailers,
brokers, and banks. Economic goods would have relatively little value if
they could not be translated into money and thus distributed from hand to
hand. No one, as a rule, can live and flourish by consuming exactly what he
produces and nothing else. He must use his share in what he produces as
purchasing-power to secure whatever best satisfies his own wants. Money is
the lubricant which facilitates this; in a word, it is the medium of exchange.
Value and Price.—Exchange takes place on a basis Definition of value.
of relative values. He who sells goods or services receives something of
assumed equal value in return. But what is value? The term value is
employed in two different senses, value in use and value in exchange. By
the former we mean the intrinsic utility of a thing. Air and sunlight, for
example, have a high value in use; they are indispensable to life in fact; but
they have no value in exchange. When the economist speaks of value he
means value in exchange or market value, that is to say the ratio in which
one commodity or service will exchange for other commodities. If a ton of
coal can be exchanged for a large quantity of cloth, or food, or labor, its
value is high; if it can be exchanged for only small amounts of these other
commodities, its value is said to be low.
But price is quite another thing. The price of a Definition of price.
commodity is the ratio at which it will exchange, not for all other goods and
services but for one specific thing, namely, money. Price is value expressed
in terms of the medium of exchange. We habitually translate our economic
goods into terms of money before we buy or sell them. A general rise or fall
in prices is quite possible, for this is merely another way of saying that
money will buy less or more of all other things. It is immaterial whether we

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say that prices have gone up or that money has gone down; we mean
exactly the same thing.
Competition and Monopoly.—Exchange is What determines the
conducted, for the most part, under free competition. level of prices?
Buyers give as little as they can in money for goods; sellers get as much as
they can. When goods bring higher prices, more will be produced until
prices are forced down again; if prices fall, production will decline until the
reduction in supply serves to bring them up again. This is the theory of free
competition. In practice, however, it does not always work so automatically.
Some things, such as diamonds and platinum, cannot be produced in
unlimited quantities no matter how much labor, capital, and organization we
may apply. Other things are legal monopolies, or patented articles, which
can be produced by only one concern and are not subject to the direct
influence of competition. Still others are natural monopolies due to the fact
that from the nature of things only one concern can produce the goods or
render the service. A telephone company, for example, has a natural
monopoly. Competition involves a complete duplication of the service. It
means that many subscribers have to put two telephones in their stores or
homes in order to get into full touch with other users of telephones. The net
cost of telephone service to customers cannot be reduced in this way.
Finally, some things are the subject of artificial monopoly, that is to say,
they are produced or distributed under arrangements which restrict or
eliminate competition (see pp. 386-388).
All these forms of monopoly interfere with free The effects of
competition and they cover a great many of the things monopoly.
which are in common use by the people.[15] Recent investigations have
shown that the number of commodities which are either wholly or in large
part controlled by monopolistic combines is larger than people commonly
realize. A certain amount of legal monopoly is essential in order to
encourage research and invention.[16] Men will not strive to invent new
machines and appliances if the invention at once becomes common
property. Natural monopolies arise from the essential nature of things and it
is difficult to see how most of them can ever be avoided. We cannot very
well have two competing street railways on the same street, for example.
There would then be little room in the street for anything else. Artificial
monopolies are often objectionable because they enable a few persons or
corporations to obtain excessive prices from the public; but even an

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artificial monopoly can in some cases be advantageous. Occasionally some
corporation, by producing things on a very large scale, is able to do it so
cheaply that small producers are driven out of business. The large concern
then finds that it has become a monopoly, but so long as it does not
arbitrarily raise prices the public is not injured by the mere fact that a
monopoly exists.
Freedom of Contract.—An outstanding The principle of
characteristic of modern economic organization is the freedom
relations
in economic

encouragement of private enterprise through freedom of
contract. By the laws of the land the worker is not forced to take
employment from anybody; he may contract with whomsoever he pleases.
He may even join with other workers in a union and make a collective
bargain, that is, a group of workers, large or small, may contract with one or
more employees or with a group of employers. The employer, on his side, is
not forced to hire anybody; he also has freedom of contract. It is true, of
course, that this legal theory of individual freedom does not find complete
exemplification in actual practice. The right of the wage-earner to bargain
collectively is not everywhere conceded by employers; the right of the
employer to hire non-union men is not everywhere conceded by the unions
(see p. 406). The landlord is not obliged to rent his house, nor the tenant to
stay against his will. Both are bound by the terms of their contract and no
more. Buying and selling are conducted with similar freedom. All this
affords a great spur to private initiative. Everyone depends for his own
prosperity and advancement upon the skill with which he can use his
freedom. A well-known English writer, Sir Henry Maine, once declared that
the progress of civilization has been a movement from status to contract.
He meant that in primitive times all men had their careers virtually
determined for them by the station in which they were born. The child of a
noble became a nobleman; the child of a peasant remained a peasant
through life. In modern economic society the individual’s own efforts,
exerted through his freedom to contract with others for his own advantage,
count far more heavily in determining his ultimate station in life.
Private Property.—Freedom of contract would Why the institution of
prove a poor incentive to progress were it not private property is
maintained.
accompanied by a provision whereby industrious men
can enjoy the fruits of their labor and thrift. Hence we guarantee to every
man not only the right to earn but the right to save, for future enjoyment, a

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portion of his earnings. These savings become his property and within
certain limits he may use them as he pleases. He may utilize his savings
during his own lifetime or leave them to his children when he dies. Savings
may take the form of private property in land and buildings, or movable
goods, or such investments as bonds, stocks, mortgages, and bank deposits.
Property in land and buildings is commonly known as real property or real
estate. All other forms of property are called personal property. Sometimes
we distinguish between two kinds of personal property, tangible, which
includes all goods and chattels, and intangible, which comprises stocks,
bonds, mortgages, notes, deposits, and other obligations.
The institution of private property is the basis of our whole economic
system. No nation has ever enjoyed industrial prosperity for any length of
time without recognizing the right of private property. Destroy this right
and you take away what now constitutes the chief incentive to labor, saving,
and industrial efficiency. Under a socialistic system, which would either
abolish or largely curtail this right of private property, it is argued that other
incentives would take the place of the motive now furnished by private
property and that men would keep on working and organizing even if
private property were entirely abolished; but this is a large question and its
discussion must be relegated to a later chapter.
In any case most men are now agreed that the right of The right of private
private property cannot be left unfettered; it must be property is subject to
restrictions.
guarded against abuse. Society cannot wisely permit it
to stand as an obstacle to the general interest. Even the right of private
property, therefore, must bend to the good of the community. Men are
allowed to own property because their doing so promotes the well-being of
the whole people; the right should not go further than that. It is for this
reason that we place various restrictions upon the right of private property,
restrictions in the interest of the public health, or for protection against fire,
or for the preservation of public morals. No one has the right to own and
maintain property that constitutes a public nuisance, such as an unsanitary
tenement house, for example, or a building that forms a fire trap. The right
of private property is entitled to respect only in so far as it is exercised in
keeping with its prime purpose, which is to advance the interests of the
whole people by giving each individual a sufficient incentive to work and to
save.
General References

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H. C. Adams, Description of Industry, pp. 3-117; F. W. Taussig, Principles of Economics, Vol. I,
pp. 1-110; H. R. Seager, Introduction to Economics, 4th ed., pp. 1-121; R. T. Ely, Outlines of
Economics, 3rd ed., pp. 1-98; C. J. Bullock, Introduction to the Study of Economics, pp. 115-179;
375-431; H. R. Burch, American Economic Life, pp. 1-37; 71-80; 315-335; T. N. Carver, Principles
of National Economy, pp. 3-46.

Group Problems
1. The effects of division of labor and the ways in which we may retain its advantages while
reducing its detrimental effects. How division of labor arose. The extent to which it is now carried
in industry. Its physical effects. Social, political, and economic effects. Its value. How its defects can
be overcome. The reduction of hours in certain industries. Vocational education for the worker. The
restriction of child labor. The better organization of the labor market. Recreation for the workers after
work-hours. The merits and practical difficulties of each plan. References: F. W. Taussig, Principles
of Economics, Vol. I, pp. 30-48; Thirteenth annual report of the United States Commissioner of
Labor on Hand and Machine Labor (for illustrative material); H. R. Seager, Introduction to
Economics, pp. 153-158; R. T. Ely, The Evolution of Industrial Society, pp. 398-424. See also the
references given at end of chapters XX-XXI in this book.
2. The justification of private property. References: L. C. Marshall, Readings in Industrial
Society, pp. 144-223; 947-988; John M. Mecklin, Introduction to Social Ethics, pp. 302-322; F. A.
Cleveland and Joseph Schafer, Democracy in Reconstruction, pp. 69-95; Herbert Spencer, Social
Statics, pp. 62-65.

Short Studies
1. Our chief economic wants. L. C. Marshall, Readings in Industrial Society, pp. 9-15; 270-277;
828-833; C. J. Bullock, Introduction to the Study of Economics, pp. 79-87.
2. Economic ideals. H. R. Burch, American Economic Life, pp. 17-27.
3. Is labor a commodity? C. J. Bullock, Introduction to the Study of Economics, pp. 432-436.
4. The relation of wages to the standard of living. H. R. Burch, American Economic Life, pp.
47-56; J. H. Hammond and J. W. Jenks, Great American Issues, pp. 83-96.
5. How capital is accumulated. R. T. Ely, Outlines of Economics, pp. 116-130.
6. The place of capital in modern agriculture, industry, and commerce. L. C. Marshall,
Readings in Industrial Society, pp. 154-212.
7. Natural monopolies. C. J. Bullock, Introduction to the Study of Economics, pp. 309-324.
8. Freedom of contract. L. C. Marshall, Readings in Industrial Society, pp. 570-574.
9. Thrift as a national asset. F. A. Cleveland and Joseph Schafer, Democracy in
Reconstruction, pp. 244-262.
10. The place of luxury in economic life. T. N. Carver, Principles of National Economy, pp.
584-597.

Questions
1. Make a list of the chief human wants that existed a thousand years ago. Also a list of the
principal human wants of the United States today. Name the ones that are freely satisfied by nature.
2. What is meant by “economic goods”? Which of the following things are economic goods, and
which are not: a phonograph record; opium; the sunken Lusitania; a silver dollar; a Liberty bond;
electricity; Mr. Bryan’s skill as an orator; desert land in the middle of Africa; weeds in a wheat field;
a wide acquaintance among business men; a ten dollar bill; a public park; a band concert; keen
eyesight; a cask of rum? Give your reasons in each case.
3. Give some examples of the production of economic goods (a) without the use of labor or
capital; (b) with labor but without capital; (c) with capital but without labor.

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4. Explain what one would mean by speaking of the “productive consumption of wealth”. Give
some examples.
5. Is division of labor carried as far in agriculture as in industry? Are the evils of division of labor
as great in country districts as in towns and cities? What remedies would you suggest to
counterbalance the monotony of industrial labor?
6. Which of the various productive factors are most important in (a) sheep raising; (b) banking; (c)
the coining of money; (d) training a brass band; (e) selling newspapers on the street?
7. How would you estimate the ground rent of a piece of land, situated on the main business street
of a large city, with a store built upon it?
8. Would an increase in the price of wheat lead to a rise in the general rate of rental paid for farm
land or would a rise in the general rate of rental cause the price of wheat to go up?
9. Why is there more capital in the United States than in China although the population of China is
three times as large?
10. If all payment of interest were forbidden by law, would people continue to save? If not, why
does saving sometimes increase when the rate of interest goes down?
11. Why are each of the following paid a high or a low rate of remuneration as the case may be: (a)
a locomotive engineer; (b) a hod carrier; (c) a movie actor; (d) a member of the state legislature; (e) a
steeple jack; (f) a corporation lawyer?
12. To what different things may a fall in wages be due? A fall in profits? If all large production
could be eliminated, would we be worse or better off?
13. If all men were of equal business ability and had the same opportunities, would there be any
business profits?
14. What are the advantages of a corporation as compared with a partnership?
15. In what ways is democracy likely to enhance production to a greater degree than despotism?
16. Can you think of something possessing value but not utility? Utility but not value? Both value
and utility but having no price?
17. What is meant by the saying that “competition is the life of trade”?
18. Make a list of all the natural monopolies that you can remember. How may the evils of legal
and artificial monopolies be lessened?
19. How is freedom of contract related to the institution of private property? Do you think you
would look forward to greater or less happiness in life if all private property were now to be
abolished?
20. Which of the following are proper limitations on the freedom of contract or the right of private
property: (a) a rule that billboards must not be built of wood; (b) a provision that no one shall buy or
sell explosives without a license; (c) a regulation that no owner of a city lot shall build on it any
building costing less than ten thousand dollars; (d) a requirement that no one sell cigarettes to persons
under sixteen years of age?

Topics for Debate
1. Labor contributes more than management to national prosperity.
2. High prices are an advantage (or a disadvantage) to the workers of the United States.
3. Every earner of income should be required to save a certain portion of his earnings each year,
thus making all men capitalists as well as workers.

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CHAPTER IV
THE NATURE AND FORMS OF GOVERNMENT

The purpose of this chapter is to explain what government is, how it originated, why people
obey it, and what its functions are.

What is the State?—The word “state” is so short Various uses of the
and simple that everybody is assumed to know just word “state”.
what it means. And in a general way everyone does know what it means.
But it is used in more than one sense and with a good deal of latitude. When
we speak, for example, of the “newly-created states of Europe” we mean
Poland, Czecho-Slovakia, and Jugo-Slavia. The term “state”, so used,
designates a country with an independent political existence. But we also
speak of “the states of the Union”, by which we mean merely the political
divisions of a single country. Then, again, one frequently encounters such
expressions as “a statesman who served the state” or “state control of
railroads”, or “the relations between Church and State”. To what does the
term in such cases refer? Here the expression is used in a generic sense to
include politically organized society, and those who so use it are thinking
more particularly of the political agencies through which organized society
acts.
A simple definition will cover all these uses of the A general definition.
term. A state is a body of people, possessing a definite territory, and
politically organized. Territory is essential. The Jews for many centuries did
not constitute a state because they had no territory of their own. Now they
are once more in the way of obtaining a national homeland. Population is
also essential. The territory around the South Pole does not form a state
because it is uninhabited. And a political organization, a government, is the
third essential. The territory which is now the United States did not form a
state before the first European settlers reached it, for, although it was
inhabited, the savages who roamed over its vast expanses were not

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politically organized. They had, for the most part, neither government nor
laws. Persons, territory, and organization—these are the essential attributes
of a state.
The Government and why we obey it.—By the government we mean
the various officials and bodies by whom the people are ruled. By the
government the will of the state is carried out. But why should people obey
a government? We obey the rules of voluntary organizations because we are
free to join them or not; but no individual is free to disobey the laws or to
remain aloof from the control of his government. By what right does the
government take money from us in taxes, call upon us for service in war,
compel us to adjust all our controversies in its courts, and insist that we
obey its laws?
Two theories have been offered to justify the The divine right
government’s right to the obedience of the people. The doctrine.
first is known as the theory of divine right. According to this idea all
governmental authority was originally bestowed upon the rulers by the
Creator. And having received their authority from God, the rulers were not
responsible to the people. This theory of governmental authority is very old,
as old as the Ten Commandments and probably older. It was argued that
kings ruled and princes governed by divine right because “the powers that
be are ordained of God”. This doctrine of the divine right of rulers was
maintained throughout the mediaeval period and was put forth by the Stuart
kings of England as a justification of their despotic rule.[17]
The other theory, which is that government has its The “consent of the
foundation in the “consent of the governed”, appeared governed”.
in the writings of the English philosopher, John Locke, during the
seventeenth century and was incorporated into the Declaration of
Independence about one hundred years later. When the Stuart dynasty was
finally expelled from the throne of England, the new sovereigns were
declared to be rulers “according to the desire and resolution of parliament”,
in other words by the consent of the English people through their
representatives. Since the beginning of the nineteenth century the theory
that government rests on the consent of the governed has been accepted in
all democratic countries.
Now if we hold this doctrine to be sound, as most What the consent of
men do today, it follows that when people establish a the governed implies.
government by their own consent, they are under obligation to submit to its

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authority. Every right imposes a duty. The right to frame a constitution and
to adopt it as the basis of a new government carries the duty of supporting
the constitution and upholding the hands of those who exercise authority
under it. The people who claim the right to make the laws must be ready to
obey these laws when they are made. When men and women by their own
consent establish a government they do this because they expect to obtain
some advantages such as security, peace, and order. In return for these
advantages they must expect to yield obedience, pay taxes, adjust their
differences in the courts, and do whatever else a government reasonably
requires.
How Government Began.—But admitting that The social contract
government rests on the consent of the governed, how theory.
was this consent obtained, and how did the first government come into
existence? Here, again, there are two theories as to what happened. The first
is that the state and government originated in a “social contract”. Primitive
men, living in a condition of political chaos, made a general covenant, by
which they created a sovereign power to rule them. This idea is as old as the
days of Plato, but it did not take strong hold on the minds of men until a
few centuries ago. It was put forward by Thomas Hobbes in England to
defend absolutism, his argument being that to dethrone a king was to break
the contract upon which the state had been founded. On the other hand it
was used by John Locke to prove that the people of England had a right to
dethrone a monarch if the monarch failed to abide by the terms of the social
contract, and those who compare certain passages in Locke’s book with the
Declaration of Independence will see that the framers of that daring
document were much influenced by his assertions. Even in America the
contract theory took a strong hold. The Mayflower pilgrims, lying off the
rock-bound shores of New England, drew up and signed a formal document
wherein they solemnly covenanted and combined themselves into a “civil
body politic”. The doctrine found frequent expression in the writings of
Jefferson and Madison; but while it afforded an excellent basis for
arguments in defence of revolutions against despotism the theory that the
state had its origin in a social contract has long since been abandoned as
unhistorical. It assumes that primitive men were free and equal individuals
subject to no paternal authority, whereas, as a matter of history, freedom
and equality among men arose only after states had been formed.

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The true explanation of how government began is to The theory of political
be found by applying to the study of political science evolution.
the methods of biology. We do not know exactly where or when the first
government came into existence, but we do know that all political
institutions are the result of a gradual evolution or development.
We have already seen that the earliest social unit is the family—a small
group of individuals bound together by intimate ties. But the family was but
one unit in a larger group, the clan, made up of families assumed to be
descended from a common ancestor. The various clans united to form the
tribe which, as an organization, rested upon a common race, language, and
religion. These tribes, although at first roving bodies, wandering from place
to place, at length acquired some definite territory and settled permanently
there. The beginnings of a state were then at hand and with the state, or
even before it, came government. In all probability that is the process
through which the earliest governments came into being,—a process
extending through many generations. The tribal chiefs became kings and
passed on the kingship to their sons. As time went on the kings gathered
greater power until despotism became the customary form of government in
most countries of the world. It was not until near the end of the eighteenth
century that the world began to shake off the despotic authority of kings and
to establish governments based upon the consent of the people.
The Classification of Governments.—During this Aristotle’s
long evolution from the early tribal organizations down classification.
to the complex governments of the present day many forms of rule have
been tried in various countries. Even in ancient Greece the philosopher
Aristotle was able to divide states into six classes, three of which he called
normal types and three perverted. Where political power was lodged in the
hands of a single individual, he called the state a monarchy; where it was
lodged with a few men he called it an aristocracy; and where it was vested
in many hands he called it a democracy. Each of these normal types had its
corresponding perversion or travesty. A perverted monarchy he termed
despotism; a perverted aristocracy he termed oligarchy; and a perverted
democracy he called a demagogism or state ruled by mob methods. This
method of classifying states is of little value today and would be in many
ways misleading.
Modern states are more commonly classed as Monarchies and
monarchies and republics. The former includes those in republics.

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which the chief executive officer of the state—be he king, emperor, or other
potentate—holds his position by hereditary right; the latter includes those in
which he is selected in some other way. But even this classification is not
very enlightening. It does not tell us anything definite about the degree of
actual control which the people of a state exercise over their government. In
some monarchies like Great Britain the power of the people, exercised
through their representatives, is very great; in some republics, in China for
example, this power is very slight. The term republic is nowadays far from
being synonymous with democracy; nor is the term monarchy incompatible
with it. Various so-termed republics of Central and South America have
been in fact little more than military despotisms.
Another classification, much more useful, is that National and federal
which separates national from federal states. By the states.
former term we mean a unified state with a single government which
reaches down directly to the citizen. Great Britain is a national state with a
monarchical form of government; France is also a national state with a
republican form of government. A federal state, on the other hand, is an
agglomeration of smaller states, each of which retains its own government
but with a central government possessing certain powers over them all. The
German empire, a few years ago, was an example of a federal state under a
monarchical form of government, while the United States affords an
illustration of federalism with republican institutions. This classification is
worth while, for it tells us something tangible about the states so classified.
When we say that a state is of the federal type we imply that it has two
spheres of government within it; that is has a written constitution defining
these spheres; that the upper house of its parliament or legislature in some
way represents the component units of the federation and that it has, in all
probability, some powerful arbiter such as a supreme court to decide
conflicts of authority between the nation and its component parts.
Practically all federal states, at any rate, have these political characteristics.
One cannot imagine a successful federal state without a written constitution,
without division of political powers, without some existing authority to
decide between the respective claims of the whole and its parts.
But the most important thing that a student of True and false
government ought to know about any state is whether it democracies.
merely possesses the forms of democracy or whether the people in fact
control the government. Nearly all present-day states have the external

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forms of democracy, that is to say, they have representative legislatures or
parliaments which bulk large in the general scheme of government. But as
to the actualities of democracy, the extent to which these representative
bodies really direct and control the affairs of state, there is a considerable
difference among the nations. A classification of states from this point of
view can be made only after a careful study of their actual governments. It
is not the form of government which makes a democracy, but the way in
which popular control of public affairs is actually secured and sustained.
Is Democracy the Best Form of Government?— The spread of
During the past few years democracy has been rapidly democracy.
gaining ground. The governments of Germany, Austria, Hungary, Poland,
and other countries have been reconstructed in such way as to give them,
outwardly at any rate, the rank of democratic states. But in spite of this
phenomenal progress, which came on the heels of the World War, it remains
a fact that more than half the population of the world is still living under
systems of government which the people do not control. The world has not
yet been made safe for democracy, nor half of it.
This suggests the question whether democracy is the best form of
government for all races and under all circumstances. Is it best for
backward races, for races only partly civilized? Is it the best system for
people who have had very little political experience, such as the Egyptians,
the Chinese, and the Filipinos? Are we quite certain, in fact, that it is the
best form of government for fully civilized mankind? Most people have
always felt sure that democracy is the nearest approach to an ideal form of
government, but if you ask their reasons for this belief, you will frequently
find that they have never thought of any reasons. Democracy has been and
is being severely criticized by various writers who declare that it merely
places political power in the hands of the ignorant and unthinking masses,
that it leads to wastefulness, extravagance, and corruption, that it fosters
incompetence in public office, and that it results in woeful misgovernment.
[18]

Now it is quite true that democracy does all this in some cases, but
however grave the indictment may be, the friends of democracy can always
answer: “What better alternative do you offer?” The great Italian statesman,
Cavour, once remarked that, whatever faults it might have, a legislative
chamber was better than a king’s antechamber. The justification of
democracy is that it ensures, not necessarily the best government, or even

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good government; but the sort of government the people earn for
themselves. A stream does not rise higher than its source. Nor can a
representative government reach any higher level than that on which the
people maintain it. It will reflect the intelligence, honesty, and patriotism of
the governed. That is one reason why we should not apply to backward
races the same principles of government which we apply to more civilized
people. Democracy is the best form of government for those who are able to
govern themselves, but this does not include all the people of the earth by
any means.
The Purpose of Government.—Having seen how How a government
governments originated, what forms they have fulfils its purpose.
assumed, and why they ought to be obeyed, it may be well to ask ourselves:
What is the purpose of government? What ends does it serve?
The purpose of government is to promote the interests of each by
promoting the interests of all. This end it seeks to attain in various ways. It
protects the whole body of its people against external aggression, against
foreign invasion. It also in this connection maintains the rights and liberties
of its citizens against wrongful interference on the part of foreign states or
citizens. It is for this purpose that armies and navies are maintained. The
government safeguards its own citizens from injustice at the hands of one
another. This it does by laws which define the relations of individuals to one
another, and of one group of individuals to other groups. These laws
prescribe the relations of husband and wife, of parent and child, of landlord
and tenant, of employer and employee, of office-holder and citizen—they
define and regulate every person’s rights and duties towards others. In order
that we may exercise our rights and perform our duties we must first know
what they are. The state, through its laws, tells us. Through its courts,
moreover, it applies such pressure upon reluctant individuals as may be
necessary to make these rights and duties real. In a word, government exists
to enforce rights and to secure liberty.
Were every individual immune from the jurisdiction Relation of
of any superior authority, and free to do as he pleased, government to
individual rights.
he would have to accord every other individual the
same immunity and the same freedom. He would then have no rights that
anyone else would be bound to respect. He would have no liberty that
others could not, by force, take away from him. He would have no security
against violence to his person or property. The strength of his own strong

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arm would be his only protection. What a condition of chaos, injustice,
bloodshed, and anarchy that would be!
Not all the government’s work, however, takes the The constructive work
form of protection and regulation. Its functions are of government.
constructive as well. Through its various departments it actively promotes
the general interest and thereby the interests of each citizen. It not only
protects the public health by regulations and restrictions; it fosters and
promotes things that help to raise the general standards of health among the
people. It does not merely make rules to prevent ships from colliding with
one another; it sets out buoys and beacons, builds lighthouses, and
maintains life-saving stations. It does not merely protect agriculture by
regulations to prevent the spread of noxious weeds and pests; it actively
assists the improvement of agriculture by means of experiment stations and
the distribution of educational literature. The government, indeed, is the
greatest of all the agencies through which society undertakes its tasks of
using the resources of nature to the best advantage, eliminating friction and
waste, adjusting the conflicting claims of individuals, and giving to each
and all an equal opportunity.
From all this it ought to be apparent that the state and The citizen’s
its government are the agencies through which the obligationsgovernment.
to his

individual obtains rights, protection, assistance, and
liberty. But neither rights nor liberty can be achieved without incurring an
obligation in return. To the state, which secures us rights and liberties, we
owe the duty of patriotism. Patriotism is not a mere sentiment. It is a
concrete expression, by thought, word, and act, of the citizen’s respect for
the state to which he belongs. It should be based upon recognition of the
fact that without the security, the justice, and the freedom which the state
provides, life would not be worth living. Patriotism is a mixture of pride,
gratitude, and faith,—pride in the great community to which a man belongs,
gratitude for what it is doing, and faith in what it may do for posterity.
How Far should Governments Go?—One of the The limits of
live questions of the present day concerns the extent to governmental action.
which the government ought to go in trying to fulfil these various purposes.
Should it merely make laws, coin money, establish post offices, maintain an
army, or should it actively engage in such activities as operating the
railroads, the coal mines, and even the factories of the country? On the one
hand there are those who take an individualistic or laissez-faire attitude

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towards governmental policy and maintain that the government should
interfere as little as possible with the daily life of the people. It should
confine itself, the individualist claims, to political matters purely, leaving
economic affairs entirely alone. At the other extreme are the socialists, who
believe that the government ought to step in and directly control all
important agencies of production. It should own all the land, the public
utilities such as railroads and telegraph lines, the mines, and all the agencies
of production (pp. 481-488).
Both individualism and socialism represent extremes; most men take a
midway stand as regards the proper functions of government. The greatest
good of the greatest number among the people cannot be secured unless the
government interferes to some extent with the free play of economic forces.
It must prevent gross injustice wherever gross injustice appears. No
government fulfils its highest aim unless it becomes an ever-active force in
making our common life more human and more fruitful in the good will of
class toward class and of man toward man. On the other hand it must take
care not to invade the field of private enterprise so far as to take upon itself
greater burdens than can be properly carried.
Too much government is as bad as too little. In a democracy, where
public officials are chosen by popular vote, often with little reference to
their personal ability, there are obvious limits to what a government can do
and do well. The individualist starts with the assumption that governments
are always inefficient when they meddle in affairs of everyday life. The
socialist, on the other hand, assumes that governments can always secure
better results than private enterprise in any field of economic activity. The
truth, as usual, lies between the extremes. To fix a rigid line between the
two sets of functions, as one would draw the boundary of two countries on a
map, is impossible. To attempt this would be to forget that civilization is
ever moving on, bringing new social needs in its train. Every proposal to
extend the functions of government must be determined on its own merits
and not upon the basis of its conformance to any rule.
The World a Great Laboratory for Experiments Government as a
in Government.—Everywhere throughout the world science.
the process of experiment in forms of government is going on, twenty-four
hours a day, in ceaseless round. And it has been going on for more than two
thousand years. Every experiment in political organization that the human
mind can suggest has had, or is having, its trial somewhere. During the past

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few years we have seen earth’s proud empires pass away and new republics
rise in their stead, just as two thousand years ago the great Roman republic
collapsed and an empire took its place. The astronomer who scans the
heavens with his telescope commands no such laboratory of endless
experiment and sees no such continuous panorama of change as the student
who watches with naked eye the political activities of his fellow-men. That
is what makes the study of government, when carefully pursued, the most
interesting and most instructive of all studies. “On earth”, as the poet Pope
has said, “there is nothing great but man”. And it is in his organized
activities that man shows himself at his best.
General References
James Bryce, Modern Democracies, especially Vol. I, pp. 24-50; II, pp. 335-610;
Woodrow Wilson, The State, pp. 1-68;
J. Q. Dealy, The State and Government, pp. 119-181;
J. W. Garner, Introduction to Political Science, pp. 86-204;
Stephen Leacock, Elements of Political Science, pp. 3-51; 141-153;
Cyclopedia of American Government. (See under State Government, Social Compact Theory,
Separation of Powers, etc.).

Group Problems
1. To what extent should the government engage in business? The original functions of
government. Growth of governmental activities. Extent of governmental enterprises in European
countries. Government enterprises in America. Effects of government enterprises on private
initiative. Effects on the government itself. Relation of government activities to the maintenance of
democracy. Conclusions. References: J. W. Garner, Introduction to Political Science, pp. 273-310;
Woodrow Wilson, The State, pp. 41-57; Stephen Leacock, Elements of Political Science, pp. 386-
409; J. G. Brooks, The Social Unrest, pp. 46-67.
2. The faults of democratic government. References E. L. Godkin, The Unforeseen Tendencies
of Democracy, pp. 96-144; Emile Faguet, The Cult of Incompetence, pp. 12-36; A. M. Kales,
Unpopular Government in the United States, pp. 21-90; Alleyne Ireland, Democracy and the
Human Equation, pp. 80-118; A. B. Cruikshank, Popular Misgovernment in the United States, pp.
1-27.
3. The merits of democratic government. References: C. W. Eliot, American Contributions to
Civilization, pp. 1-102; James Bryce, Modern Democracies, especially, Vol. II, pp. 527-610; J. Q.
Dealey, The State and Government, pp. 338-353.

Short Studies
1. What end does the state serve? Woodrow Wilson, The State, pp. 58-68.
2. The stages in the development of government. J. Q. Dealey, The State and Government, pp.
24-45.
3. The divine right of kings. R. G. Gettell, Readings in Political Science, pp. 118-120;
Cyclopedia of American Government, Vol. I, p. 605.
4. The Mayflower compact. William MacDonald, Documentary Source Book of American
History, p. 19; Edward Channing, History of the United States, Vol. I, pp. 308-310.

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5. Does federalism mean weak government? A. V. Dicey, The Law of the Constitution, pp. 162-
172; James Bryce, American Commonwealth, Vol. I, pp. 334-341.
6. The system of checks and balances. W. B. Munro, The Government of the United States, pp.
47-52; The Federalist, No. 47.
7. The meaning of self-government. P. L. Kaye, Readings in Civil Government, pp. 15-21.
8. The relation of government to economic life. S. P. Orth, Readings in the Relation of
Government to Property and Industry, pp. 25-38.
9. The first principles of democracy. F. A. Cleveland and Joseph Schafer, Democracy in
Reconstruction, pp. 48-66.
10. Jeffersonian and Jacksonian democracy. A. C. McLaughlin, Steps in the Development of
American Democracy, pp. 78-116.
11. The outlook for democracy in America. F. A. Cleveland, Organized Democracy, pp. 438-
448.
12. The economic functions of government. C. J. Bullock, Introduction to the Study of
Economics, pp. 478-492.

Questions
1. What is the difference between a state and society? Is India a state? Are the Esquimos a state?
Are pirates citizens or subjects of a state? Did the Mayflower Pilgrims constitute a state before they
touched land?
2. Has the doctrine of evolution affected our ideas concerning the origin of government? Are there
any primitive types of government in the world today?
3. Give some examples of the “constructive work of government” besides those mentioned in the
text.
4. Why are ancient classifications of government practically useless today? When you say that the
United States is a federal democratic republic what ideas do you intend to convey in each of the three
italicized words?
5. Do you believe that the plan of government now existing in the United States would be suitable
for (a) the British Empire; (b) China; (c) Switzerland; (d) Canada? Tell why or why not in each case.
6. Make up lists of the functions which properly belong to national, state, and local governments
respectively. Give your reasons for placing such things as “education”, “fire-protection”, “public
health”, “criminal law”, “conservation of natural resources”, and “regulation of commerce” in one or
the other list.
7. James Madison once said that the concentration of legislative, executive, and judicial powers in
the same hands would be “the very definition of tyranny”. What did he mean? Was he right? Does the
same danger exist today?
8. Arrange the mandatory functions of government in what you believe to be their order of
importance and give reasons for your arrangement.
9. Can you name any characteristics of American government other than those given in the text?
Do the following things distinguish American government from other governments: woman suffrage,
an elective president, the absence of an hereditary nobility, two-chambered legislatures, a supreme
court?
10. In what ways may direct government be better than representative government and in what
respects not so good? (Consider such general problems as ensuring responsiveness to the will of the
people, deliberation, the absence of corruption, educational value, and expense.)
11. What did President Wilson mean when he said that the world must be made “safe for
democracy”? Can the world be safe for democracy while great and powerful monarchies remain?
What changes in addition to the dethronement of the Kaiser did Americans consider essential in order
to make Germany a democracy?
12. Argue against the proposition that the study of government is the study of a science.

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Topics for Debate
1. Written constitutions have been a hindrance rather than a help to the development of American
democracy.
2. Andrew Jackson was more of a democrat than Thomas Jefferson.
3. It is not right under any circumstances to subject a people to government without their own
consent. #/

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CHAPTER V
THE CITIZEN, HIS RIGHTS AND DUTIES

The purpose of this chapter is to explain who are citizens, what their rights and duties are,
and how training for citizenship is obtained.

What Civil Liberty Means.—One of the best ways The old systems of
to get an appreciation or what civil liberty means is to oppression.
read any book which describes the life of the French people before the
Revolution. In those days men could be arrested without any reason, thrown
into jail for months or years without trial, and their property confiscated. No
one could travel from one part of the country to another without permission.
There was no freedom of religion, no freedom of speech, no freedom of the
press. Nothing could be printed without a license from the authorities. The
farmer who brought his produce into town had to pay a toll on it. The
workman, in order to follow his trade, was required to join a guild and pay a
fee. The amount of taxes which every farmer or workman had to pay
depended upon the will of the tax-collectors, who made a profit out of the
taxes. Soldiers were billeted or boarded in the homes of the people and the
king paid nothing for it. The masses of the people toiled hard in order that
princes and noblemen might live in luxury. That was the Bourbon
despotism of old France.
Things are very different in France today under a republican form of
government; they are different everywhere throughout Europe and America.
Despotic rule has given way to government by the people, and government
by the people has brought civil liberty.

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LIBERTY, FRATERNITY, EQUALITY. By Edward Simmons

Copyright by Edward Simmons. From a Copley Print, copyright by
Curtis & Cameron, Boston. Reproduced by permission.

LIBERTY, FRATERNITY, EQUALITY

By Edward Simmons
In the New York Criminal Court House.
This mural decoration is placed above the pen in which
the prisoners are kept. Equality, holding a globe and
compasses, displays a sternness and rigor which Fraternity,
with a kindly grip of the arm, is seeking to soften. Liberty, to
the right, has broken the chain which held him down, in
spirit as well as in body. These three words, Liberté, Egalité,
Fraternité, formed the motto of the French Revolution, and
they have been the slogan of militant democracy ever since.

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This civil liberty, as it exists in the United States, includes the following
rights:
1. To travel freely from place to place on any lawful The general rights of
errand, and everywhere to be accorded the equal citizens.
protection of the laws. The citizen of New York who goes to California is
not an alien there. He is entitled to all the privileges which belong to an
American citizen.
2. To own property, make contracts, and engage in any lawful trade or
labor.
3. To enjoy freedom of worship, freedom of speech, and freedom from
arbitrary arrest.
4. To have a fair trial when accused of any crime; to be protected in the
enjoyment of life, liberty, and property, and not to be deprived of them
without due process of law.
Civil Rights were Won by Hard Struggles.—Now these rights did not
descend upon mankind like manna from the skies. They were gained for the
people by prolonged struggles extending over many centuries. Thousands of
men, at various times in history, gave their lives in order that these rights
might be established. If you were writing a history of civil liberty among
English-speaking people, you would have to go back at least seven hundred
years to the days of Magna Carta, when King John of England was forced
to surrender in that famous document many of the arbitrary powers which
he had claimed the right to exercise. There, on the historic field of
Runnymede, the sullen king promised among other things that no free man
should be imprisoned or fined or outlawed or otherwise penalized “save by
the lawful judgment of his peers or by the law of the land”. The winning of
the Great Charter was merely the first encounter in a long series of conflicts
between the kings and the people of England. Step by step the people
wrested from the Crown the right to control taxation, to punish royal
officials for wrong-doing, to be supreme in the making of laws, and even to
change their entire form of government should they so desire. It was a long
and grim struggle, hard-fought all the way.

“Lance and torch and tumult, steel and grey-goose wing
Wrenched it, inch and ell and all, slowly from the King”.

The beginnings of
civil liberty in

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The men who founded the American colonies America.
brought these rights across the Atlantic with them. In the new soil civic
liberty grew and nourished even better than in the old, so much so that
Englishmen at home soon became concerned over the strong emphasis
which the colonies were placing upon the civil rights of the individual. The
gap between the colonies and Great Britain steadily widened in this respect,
—leading in the end to the Declaration of Independence, which asserted the
civil rights of men to be natural and inalienable. When independence had
been established, after a long and difficult struggle, it is not surprising that
the people of the thirteen states should decide to write the principles of civil
liberty into their new state constitutions. They took this means of
demonstrating their conviction that the fundamental rights of the citizen
ought to be inscribed in a solemn document beyond the power of
legislatures to change. It would be absurd to think, however, that civil
liberty exists in the United States merely because a list of civil rights is
written into the constitutions of the states and the nation. In the last analysis
civil rights depend for their maintenance and enforcement upon a
realization of their value by the whole people and the willingness of every
citizen to grant to others the rights which he claims for himself.
Who are Citizens?—The proudest boast of the Citizenship and
Roman, in the days when Rome dominated the world allegiance.
was Civis Romanus sum: “I am a Roman citizen”. By this saying he meant
that he was entitled to the protection of the most powerful country on earth.
Cicero, in one of his orations, declared that these three words would protect
any Roman citizen no matter where he went, even among savage tribes. A
Roman citizen was one who owed allegiance to Rome. An American citizen
is one who owes allegiance to the United States.[19] Every man, woman, and
child in every part of the world bears a relation to some government, and
this relation we call allegiance. There is no such thing, in the eyes of the
law, as “a man without a country”. This allegiance, or Citizenship by birth.
citizenship, is acquired in the great majority of cases by birth. The
constitution of the United States declares that “all persons born or
naturalized in the United States and subject to the jurisdiction thereof are
citizens of the United States and of the state wherein they reside”. This
means that every child born in this country and subject to its jurisdiction is
a citizen, no matter who his parents happen to be.[20]

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The other method of acquiring citizenship is by Citizenship by
naturalization. Naturalization is the process by which naturalization.
an alien renounces his original allegiance and swears allegiance to another
country. All white aliens, and those of African blood, are entitled to become
citizens of the United States by naturalization if they fulfil the legal
requirements. The chief requirement is that the alien who seeks to be
naturalized must have been continuously a resident of the United States for
at least five years. He must also be able to read and write, must have some
knowledge of American institutions, must be of good character, and must
not be a disbeliever in organized government. The The process in
process of individual naturalization involves two steps, naturalization.
first a formal declaration of intent to become a citizen, and, second, the
taking of final letters of citizenship. At least two years, and not more than
seven years, must elapse between these two steps. The work of granting
citizenship by naturalization is in the hands of such regular courts as are
designated by law for this purpose. Applications must be on prescribed
forms; evidence as to residence has to be presented; and the oath of
allegiance to the United States must be taken. Many thousands of aliens are
admitted to citizenship in this way every year.[21] The naturalization of a
husband also naturalizes his wife without any action on her part. The
naturalization of a father makes all his minor children citizens.
Can a Man have Double Citizenship?—Is it possible for anyone to be a
citizen of two countries at once? Until recent years it was the practice of
some European countries to claim that when their citizens emigrated and
became naturalized elsewhere they still retained their original allegiance.
Germany, for example, maintained that German emigrants to the United
States did not lose their German citizenship by becoming naturalized here.
If they subsequently returned to Germany, even for a short time, they were
treated as German citizens, required to serve in the army and to perform the
other obligations of German citizenship. This situation created a great deal
of friction because the naturalized citizens were in the habit of calling upon
the United States to protect them against their own original governments.
All this has now been straightened out by treaties between the United States
and foreign governments in which the latter have conceded the right of
emigrants to become naturalized in the United States and by so doing to
renounce their original citizenship. The United States, for its part, also
concedes the right of any American citizen to become naturalized in a

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foreign country, thereby renouncing his allegiance as an American citizen.
These treaties sometimes provide, however, that if an individual who has
been naturalized in the United States goes back to his native country and
remains there a certain length of time, he shall be deemed to have given up
his American citizenship.
The Obligations of Citizenship.—Many people The specific duties of
seem to think that citizenship involves only rights. They citizens.
rarely place much emphasis upon the duties which citizenship involves. A
government protects its citizens both at home and abroad; it secures them
all the benefits of civil liberty. In return it lays on them the duty of
obedience and the obligation of service. It is the duty of every good citizen
to know his country’s history, to honor its flag, and to be true to its ideals.
This does not mean that he should despise or dislike people who are not of
his own race or allegiance. All men are brothers. Above all nations is
humanity. Yet no one can be a friend of mankind unless he is, first of all, a
friend of his own land.
It is also the duty of the citizen to know his country’s laws and to obey
them. No one knows all the laws, or needs to know them all, for very few of
them touch the daily life of any one individual. He should know the laws in
so far as he comes into contact with them. The merchant must know the
laws relating to business; there is no need for him to learn the legal rules
relating to the practice of medicine, for example. The physician, on his part,
must know the law in so far as it relates to his own profession, but does not
need to inform himself concerning the laws which relate to the buying and
selling of goods. Laws are made in the common interest and if ignorance of
the law were permitted to be an excuse for disobedience, the whole system
of government would soon break down.
Finally, it is the duty of the citizen to serve his government when called
upon. This may take the form of military service in time of war, or service
in public office, or service on a jury. All these various forms of service may
involve great personal sacrifice; but a country worth having is a country
worth serving, and it is only through service on the part of its citizens that a
free government can be maintained.
Training for Citizenship in the Schools.—Training for citizenship
begins in the home and in the schools. The purpose of the school is not
merely to impart information. That is a small part of its work. Its main
function is to afford the sort of mental and moral training that will enable

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every pupil to achieve the durable satisfactions of life,—to make a good
living, to be of high service to others, and to leave the world a little better
by reason of his having lived in it. Many of the best fruits of education are
not found listed on the school program. Orderliness is one of them. Industry
is another. Responsibility for doing daily tasks well is a third. There are no
special courses in these things. They are part and parcel of the whole
process of education. No one should make the mistake of supposing that the
schools train for citizenship through instruction in American history, civics,
and economics alone. The whole organization of the school, its entire
program of studies, its assemblies, its discipline, its insistence on
punctuality, its organized athletics and other activities,—all these things
afford lessons in co-operation, responsibility, service, and government.
The public school is a miniature democracy. It is free How the public
and open to all. Its pupils have equal privileges and schools teach
democracy.
equal responsibilities. It makes no distinction of race,
creed, or wealth. The children of rich and poor parents sit side by side and
are given the same opportunities. Every pupil who enrolls in a public school
gets the same start and his advancement depends upon his own efforts. In
the course of time some will lead and others fall behind, just as men and
women do in the outside world. Wherever individuals, young or old, are
gathered together, some will forge ahead of the rest by virtue of their
natural ability, their superior industry, or their qualities of leadership.
School experience should impress this great fact of democratic life upon
every pupil’s mind. The pupil who imagines that he can be regularly behind
in his studies, neglectful of his opportunities, unable to command the
respect of his teachers or his fellows in the school, and yet hope to become
a leader in the outside world is making a grave mistake. It is not thus that
the leaders of men are trained. The useful citizen does not become so in a
day or a year. He begins to develop his qualities while he is young.[22]
Training for Citizenship on the Playground.—Recreation and play,
when properly carried on, afford not only exercise and amusement, but
education as well. Some useful lessons which cannot well be taught in the
class-room are learned by participation in organized athletics. Everyone
realizes, for example, that play in which there is no leadership, no
observance of rules, and no system, is a very poor sort of play. It may give
physical exercise in plenty, yet it satisfies nobody. Anarchy on the
playground is no more satisfying than anarchy in any other branch of

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human activity. Hence, whenever a group of young men or young women
go to the athletic field, their first step is to organize into teams or sides.
Each team has its captain whose directions are to be obeyed, not because he
is an autocrat, but because the team cannot hope to win unless it is provided
with leadership. When play begins it is conducted according to rules which
everyone is supposed to know and observe. If the contest is important, an
umpire is selected to act as arbitrator on questions involving an infraction of
the rules. Now all this is merely government on a small scale. The element
of leadership, the team-play, the rules, the practice of obeying the umpire—
these things should suggest to us that officials, laws, government, and
courts also make for the best interests of the individual in the great interplay
of life.
What is it that secures co-operation, obedience, and The spirit that rules
good temper on the playground? Is it the fear of the playground.
punishment? No, it is the same force which in organized society secures
obedience to law and respect for the rights of others, namely, the influence
of public opinion. Public opinion, in other words an inherent sense of fair
play among the players, is what really rules the playground. Bullying or
meanness in any form results in unpopularity. The player who sulks, who
shirks his part in the game, or who selfishly seeks his own way at all times
is not preparing himself rightly to win the confidence and respect of his
fellow-citizens in later life. On the other hand the boy or girl who gains on
the playground a reputation for fairness, good temper, and a readiness to act
in harmony with others is developing those qualities of character which
enable men and women to achieve success in any field of adult activity. The
Duke of Wellington once declared that the battle of Waterloo was won on
the playing fields of Eton,—a famous boys’ school in England. What he
meant was that this victory was won not by military skill alone, but by those
qualities of discipline and bull-dog tenacity which the officers of his army
had developed on the school athletic fields in their boyhood days. Peace
hath her victories not less renowned than war. Good citizens as well as good
soldiers can be trained on the playgrounds of every community.[23]
Training for Citizenship in Later Life.—Civic College education and
education is not completed when one graduates from citizenship.
school. A man’s whole life is a process of education, a process that is never
finished until he dies. So the work of self-improvement should not be
interrupted at any stage. If the pupil goes to college, it will be found that

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there the same qualities of obedience, industry, and respect for the rights of
others will determine whether he stands high or low in the estimation of his
equals. In the college as in the school, everyone starts upon the same plane
with equal opportunities. The college also is an organization with officials
in authority, with rules, and with a vigilant public opinion among its
students. Compared with the school it rises a step nearer to the ways of the
world, giving its students greater latitude but also placing more
responsibility upon them. Its organized athletics develop the same qualities
as are encouraged upon the school playground; its various other student
activities help to make young men and women more versatile and broader
in their interests. Colleges try to make scholars; they also endeavor to
develop habits of industry in their students and to impress upon them the
duty of service to their fellow-men. On the whole the colleges have
succeeded in these things. It is significant that the great majority of the
nation’s leaders, in every branch of life, are men and women who have had
a college education.
Not all high school graduates, however, go to college. The majority go
directly out into the world as wage earners or home makers. They enter the
ranks of our great economic society and seek to move onward to the top.
For the most part all must begin at the bottom, or very near it. A high school
or college education does not relieve anyone from the necessity of starting
on a low rung of the ladder in his chosen trade or profession. Neither the
school nor the college can teach the actual process of earning a living. This
must be learned by direct contact with the affairs of the world. But the
school and the college can so prepare young citizens that they will climb
faster by virtue of the mental training they have obtained and the habits of
industry they have acquired.
Citizenship and Service.—To make one’s own way Public service is a
successfully in the world is a laudable ambition, but no duty of the citizen.
one can be and remain a good citizen if he devotes his entire time and
thought to his own self-advancement. It is well to be diligent in business
and faithful to the immediate duty in hand, but no inspiring career has ever
been built upon foundations of selfishness. If everyone is engrossed in his
own affairs, there will be none to serve and aid the state. On the other hand
a very small amount of public service freely and cheerfully given by every
citizen, results in great benefits to the community which receives this

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service, and to the individuals who give it as well. In this sense, as in all
others, it is more blessed to give than to receive.
The ways of service are manifold. Every community How this service may
has its civic and welfare organizations whose aim is the be rendered.
general good. They draw their members and their active workers from
among those citizens who are public spirited. Boards of trade and chambers
of commerce devote themselves to advancing the economic interests of the
community. Municipal improvement leagues, citizens’ associations, men’s
clubs, and women’s societies are to be found in every large town or city;
they have various aims but all are guided by the same general aspiration,
which is to better the environment in which the people live. The
opportunities for women have been greatly increased by giving them the
same responsibilities as men in all public activities. There are organizations
for the care of the poor, for visiting the sick, and for the prevention of
cruelty in all its forms. All depend for the effectiveness of their work, and
even for their very existence, upon the degree of interest given to them by
public-spirited citizens. There is no one so poor or so busy that he can give
no money, no time, and no sympathy to any public cause. The citizen who
centers all his interest upon his own personal affairs is not only missing one
of the durable satisfactions of life but is giving himself a schooling in
selfishness. He is not a good citizen in the proper sense of the term.
Service in public office is the best training for good The value of
citizenship, although not all men and women can have experience
office.
in public

this form of civic education. Yet everyone has a right to
aspire to it, and ought to welcome the opportunity of such service if it
comes. It does not usually come unearned. Like most other opportunities,
this one knocks at the doors of those who have earned their right to it. Men
and women who have displayed no evidence of public spirit are rarely
called upon to let their names go on the ballot. The first step to honorable
public office is taken when one joins a civic or welfare organization and
shows ability to work with and for others. Thus a man’s acquaintance, or a
woman’s acquaintance, gradually broadens; the confidence of others is
gained; and in time the hand of the public beckons to those who have
demonstrated their spirit of service.
Public office is a public trust. The proffer of its opportunities to any man
or woman is a high compliment. Election to public office is the highest
honor a democratic community can bestow. As a means of becoming well

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versed in public affairs and in the practical problems of government there is
no training which surpasses it.
General References
Everett Kimball, National Government of the United States, pp. 73-80;
W. B. Munro, Government of the United States, pp. 71-87;
J. A. Woodburn and T. F. Moran, The Citizen and the Republic, pp. 1-31;
S. W. McCall, The Liberty of Citizenship, pp. 1-31;
James Bryce, The Hindrances to Good Citizenship, especially pp. 43-74;
F. A. Cleveland, Organized Democracy, pp. 80-129;
S. E. Baldwin, The Relations of Education to Citizenship, pp. 27-54;
W. H. Taft, Four Aspects of Civic Duty, pp. 3-34.

Group Problems
1. How aliens are naturalized. The requirements. Who are excluded? Steps in naturalization
procedure, the papers, witnesses, oaths, fees, etc., required. The tests which applicants must take.
How aliens can best be encouraged to become naturalized. What is being done to secure the
naturalization of aliens in your own community? References: Cyclopedia of American Government,
Vol. II, pp. 497-498; W. B. Munro, Government of American Cities, pp. 107-111; H. M. Beck,
Aliens’ Text Book on Citizenship, especially pp. 9-26; Peter Roberts, The Problem of
Americanization, pp. 109-129; U. S. Department of Labor, Bureau of Naturalization, Syllabus of
the Naturalization Law (pamphlet).
2. Education in its relations to good citizenship. References: Irving King, Education for Social
Efficiency, pp. 90-176; James Bryce, The Hindrances to Good Citizenship, pp. 33-42; S. E. Baldwin,
The Relations of Education to Citizenship, pp. 1-26.
3. The civic organizations of your community. One or more organizations, such as Chambers of
Commerce, Boards of Trade, Citizens’ Associations, Men’s Clubs, Women’s Clubs, Civic Leagues,
Local Improvement Associations, City Clubs, Reform Associations, Family Welfare Societies, etc.,
etc., may be found in every large community. Their aims and activities may be studied in their annual
reports and by personal interviews with their officers.

Short Studies
1. First steps in civil liberty. James H. Tufts, Our Democracy, pp. 101-116.
2. What are the “privileges and immunities” of citizens? Arnold J. Lien, Privileges and
Immunities of Citizens of the United States, especially pp. 31-68.
3. Expatriation. G. B. Davis, Elements of International Law, pp. 143-151; W. E. Hale,
International Law (4th ed.), pp. 239-255.
4. Freedom of speech and of the press. Cyclopedia of American Government, pp. 57-58; T. M.
Cooley, Constitutional Limitations, pp. 596-638.
5. Freedom of worship. James Bryce, American Commonwealth, Vol. II, pp. 763-771; C. W.
Eliot, American Contributions to Civilization, pp. 18-21.
6. The rights of the citizen against the government. F. A. Cleveland, Organized Democracy,
pp. 80-96.
7. The right to fair judicial process. Emlin McClain, Constitutional Law of the United States,
pp. 315-332.
8. How the hindrances to good citizenship may be removed. S. E. Baldwin, The Relation of
Education to Citizenship, pp. 27-54.

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9. The playground as a place of education for citizenship. Joseph Lee, Play in Education, pp.
360-391.
10. How the business man can help his community. Henry Bruère, The New City Government,
pp. 384-400.
11. How women can serve their community. Mary R. Beard, Woman’s Work in Municipalities,
especially pp. 319-337.
12. May the obstacles to good citizenship be overcome? James Bryce, The Hindrances to Good
Citizenship, pp. 105-134.
13. School government as a training for citizenship. U. S. Bureau of Education Bulletin No. 8
(1915), pp. 7-31; Irving King, Education for Social Efficiency, pp. 158-176.

Questions
1. What is the difference between the following: citizens, subjects, nationals, residents, denizens,
aliens?
2. What is meant by the expression to “swear allegiance”? To “forswear allegiance”? Repeat the
oath of allegiance. When is the oath taken (a) by aliens; (b) by citizens?
3. Are the following American citizens by birth: (a) a boy born abroad, of alien parentage, whose
parents came to the United States and were naturalized after he was over twenty-one years of age; (b)
children of Chinese parents, born in the United States; (c) children of American parents, born in the
Philippines; (d) children of Porto Rican parents, born in Europe since 1917?
4. Name four important civic rights. Arrange in each case a set of facts which would constitute a
violation of a civic right.
5. The constitution provides that the people shall have the right to assemble peaceably. Would it be
a violation of this right to require that a permit from the police must be had in order to hold any
meeting in the streets or in the public parks?
6. Discuss the extent to which the public school is a “miniature democracy”. Is it organized like a
democratic government? To what extent and under what circumstances can school pupils be entrusted
with self-government or given a share in the maintenance of discipline?
7. To what extent can public opinion be relied upon to enforce the rules (a) in athletics; (b) in the
class-rooms; (c) in business; (d) in government? Would laws be effective if there were no penalties
but the censure of public opinion to enforce them? If not, why not?
8. What is the value of a high school or college education in training young men and women (a) to
make a living; (b) to become leaders; (c) to help their fellow-citizens; (d) to hold public office?
Towards which of these things does education contribute the most?
9. Can any one be a good citizen without knowing how government is carried on? Without
knowing American history? Without belonging to any social or civic organization? Without voting at
elections? Without being at all interested in social or political questions?

Topics for Debate
1. No one who is not a citizen should be permitted to become a voter.
2. The obligation of military service ought to be imposed upon aliens as well as upon citizens.
3. The teaching of civics should be made compulsory in all grammar and high schools.

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CHAPTER VI
POPULAR CONTROL OF GOVERNMENT

The purpose of this chapter is to explain how the people, both directly and indirectly, control
all branches of government in the United States.

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Public Opinion and Representative Government

How the People Rule.—In free governments the The ultimate
will of the people prevails in the decision of all sovereignty
people.
of the

important matters. This does not mean, of course, that
the people decide every question directly, but merely that when a
substantial majority of them have reached a decision upon any point their
will prevails through one channel or another. The wishes of the American
people have at times been thwarted by their government; but in the long
run, when the people have made up their minds, their will has brushed aside
every obstacle and has become the supreme law of the land. This popular
control of American government is exerted in four ways, namely, by the
pressure of public opinion upon all officials, by the periodic election of
representatives, by direct law-making through the initiative and referendum,
and by the action of the people in amending their state constitutions.
The pressure of public opinion is continuous, and it is exerted in various
ways. The government cannot proceed very far in defiance of it. The
election of representatives, on the other hand, takes place at stated intervals,
and in the period between elections the people do not have direct control
over those whom they elect. But where provision for the initiative and
referendum exists, the people may frame and enact laws without the
intervention of their representatives and thus may exercise direct control.
Finally, the ultimate agency of popular sovereignty is the power of the
people to amend their constitutions. So far as the state constitutions are
concerned they accept or reject proposed changes by their own votes; in the
case of the national constitution they act through their representatives in
Congress and in the state legislatures. By these four methods of control we
maintain what is known as the sovereignty of the people.
Popular Rule through Public Opinion.—We hear a What is public
good deal nowadays about public opinion. What is it? opinion?
How is it ascertained? How does it make itself felt? In general, public
opinion is the term which we apply to the predominating sentiment among
the people. Public opinion is the sum-total of opinions held by individuals.
It is not merely the snap-judgment of the majority, however, because
intensity of belief is a factor which counts in determining it. Public opinion

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is a composite of numbers and intensity. A majority of the people may hold
a certain belief upon any public question; but if they hold it lightly, without
attaching much importance to it, we do not speak of their sentiment as
public opinion. It is only when sentiment attains the earnestness of
conviction that the term public opinion can be properly applied to it.
Public opinion, in this sense, is continually exerting The channels through
pressure upon all branches of government in the United which felt.
it makes itself

States. It finds expression through the editorial columns
of newspapers, through resolutions adopted by societies and organizations,
through letters from voters to their representatives in Congress and in the
legislatures, and through the conversation of people wherever they are
gathered together. The representatives of the people are ever on the alert to
discern the drift of public opinion.[24] They desire to keep in touch with it. A
capable representative always keeps his hand upon the public pulse. When
public opinion undergoes a change, the attitude of the government swings
with it, slowly perhaps, but inevitably. Public opinion is not easy to
ascertain exactly, for it cannot be measured by any process of arithmetic.
Some men are better at gauging it than others. One of the attributes of a
successful politician is his ability to estimate public opinion accurately.
When we say, therefore, that we have “government by public opinion”, we
mean that those who are in authority are influenced and guided by it.
Popular Rule through Representatives.—Although Government by
public opinion exerts a guiding influence upon the representatives.
course of government, the actual work of making the laws and putting them
into operation must be performed, for the most part, by individuals selected
for this purpose, that is by elective or appointive officers. We say “elective
or appointive” because these are the two ways in which officers of
government may be chosen; they may be elected by popular vote, or they
may be appointed by some authority which, in turn, has been elected by the
people. The members of all legislative bodies in the United States
(Congress, the state legislatures, city and town councils) are directly elected
by the people. The chief executive officers in the nation, state, and city
(President, governors, and mayors) are chosen in the same way.[25] In many
states it is also the custom to choose some other executive officers, such as
the attorney-general, state auditors, superintendent of education, as well as
the judges and prosecuting attorneys by direct popular election. Subordinate
officers of administration, on the other hand, are for the most part

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appointed. In the national government all officials of administration
subordinate to the President are appointed by him, likewise all judges and
court officers. In the state and local governments, some subordinate officers
are elected but most of them are appointed by the governor, the county
commissioners, or the mayor, as the case may be.
Election or Appointment, Which is Better?—We When we should elect
often encounter the question: Which is the better plan and when appoint.
of securing good men in public office—to elect them or to have them
appointed? The answer to this question depends upon what we expect the
officials to do. If the function of the official is to represent the people in
deciding questions of general policy as in the case of a congressman, a state
legislator, or a municipal councilman, the people ought to choose him. It is
the right and the duty of the people to choose their own representatives. If
they did not do so, we should not have “representative” government. But if
the function of the official is not to decide questions of general policy but to
do work which requires skill and experience, it is better to make the office
appointive. The rule, in brief, may be stated as follows: When you want
representation, elect; when you want skill or experience, appoint. Some
difficulty arises, however, in the case of officials who are expected both to
represent the people and to perform functions which require expertness.
Take, for example, the state treasurer or the state auditor. These officials
represent the financial interests of the people; they are also called upon to
perform functions which require skill and experience. Officials in this dual
class are in some states elected; in others they are appointed by the
governor. Whether we ought to use one method or the other depends upon
where we place the emphasis—upon representation or upon administrative
efficiency. Account should also be taken of the fact that if too many
officials are elected the ballot will be long and complicated. In that case
some poorly-qualified candidates are likely to be chosen because voters will
not go through a long list carefully (see p. 132).
The Function of a Representative.—The function Should a
of a representative, as the term implies, is to represent. representative obey
his own conscience or
But how is he to be guided in the performance of this the will of the voters?
function? Is it the duty of a representative in Congress
or in a state legislature to reflect the public opinion of his district whether
he personally agrees with it or not? Should he obey the dictates of his own
conscience and follow his own view of what the public welfare demands, or

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should he disregard these things and consider only the opinions of those
voters who elected him? Let us suppose, for example, that a congressman
personally believes in free trade. He is absolutely convinced, let us assume,
that this is the only right policy. But he also knows, let us say, that the
voters of his district are overwhelmingly in favor of high protective duties
because they believe that wages will be higher if foreign goods are shut out.
What is the duty of this congressman when called upon to vote for or
against a protective tariff? Which should control—his own conviction or the
opinions of those who elected him as their representative?
Many years ago the eminent Irish orator and Edmund Burke’s
statesman, Edmund Burke, gave his opinion on this views.
matter in a speech to the voters of Bristol, whom he represented in the
British House of Commons. A representative, according to Burke, ought to
give due weight to the opinions of those who elected him, but he ought not
to sacrifice his own best judgment to any man or to any group of men. It is
the function of a representative to master all the details of public problems,
which the people of his district cannot be expected to do, and to make his
decision accordingly. “I maintained your interests against your opinions,”
he said to the voters of Bristol in defending his actions. “A representative
worthy of you ought to be a person of stability. I am to look, indeed, to your
opinions, but to such opinions as you and I must have five years hence. I am
not to look to the flash of the day.”
Public officials in the United States do not usually talk that way. They
dilate upon the wisdom of the people, and profess their own readiness to
conform to whatever the people demand. They are prone to forget that a
representative in Congress or in a state legislature does not represent his
own district alone. He is in effect a representative of the whole people in
nation or state. It is poor patriotism to sacrifice the best interests of the
whole to the desires of any single community. At the same time when
public opinion is strong and clear, we expect the representatives of the
people to hearken to it. When it is vague or in doubt, the representative
must depend upon his own judgment. If a representative cannot, because of
his own conscientious belief, do what the people expect him to do, his duty
is to resign. Representatives, however, do not often resign for this or any
other reason.
The Appointment of Public Officials.

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Methods of Appointment.—There are three ways of making
appointments. First, appointments may be made by some high executive
officer, such as the President or the governor of a state, subject to the
confirmation of a legislative body. Second, they may be made by the
executive without the advice and consent of anyone else. Third, they may
be made under civil service rules by a competitive examination.[26]
Appointments with Confirmation.—In the national The merits and
government practically all appointments of high defects of
confirmation.
importance, including heads of departments,
ambassadors, judges, and so on, are made by the President subject to the
consent of the Senate. The President nominates, but the final appointment
depends upon confirmation by a majority of the senators (see p. 270). So in
state government the appointment of higher administrative officials is
usually shared by the governor and the upper chamber of the state
legislature. In the larger cities it has been the custom to require
confirmation of the mayor’s appointments by the city council or the upper
branch of it; but this requirement is now being generally abandoned. The
purpose of requiring confirmation is to prevent too great a growth in power
on the part of the chief executive; its effect has been to divide responsibility
and it has resulted, very often, in poor appointments. It is good policy, in
local and state government at least, to insist that the responsibility for
appointments shall be centralized and not divided. In the national
government, where the appointing power is of such enormous importance,
and might, if unchecked, be so easily used to perpetuate a President in
office, the safeguard of confirmation is more easily justified.
Appointments without Confirmation.—The practice of permitting a
chief executive to make appointments without confirmation began in the
large cities. New York made the start, many years ago, by allowing the
mayor to appoint the heads of the city departments on his own
responsibility. Since then the plan has spread widely and in some cases the
states have given the governor a similar power. In other cases the
confirmation has become, for the most part, a matter of routine, the
understanding being that the governor has the real responsibility and hence
should be left free to make his own selections.

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The Civil Service System.

Patronage and Partisanship.—When appointments Giving the offices to
are made by an executive officer, with or without politicians.
confirmation, or by a legislative body, there is always a danger that partisan
motives will influence the selection. Nearly all executive and legislative
officers are themselves partisan. They are themselves nominated, in most
cases, by party conventions or primaries; they are elected with the aid of
party workers; and they are therefore under obligation to help the party
interest in any reasonable way. Now it has been commonly believed that
one effective way of helping a party organization is to appoint prominent
and active members of the party to public office, thus giving a reward for
their work in the party’s behalf. Men who have helped a President or a
governor to gain the party nomination and get elected do not usually allow
these officials to forget their obligations when appointments are to be made.
The appointing power, in other words, may be used as a means of
bestowing “patronage”, or rewards for party service and it has been so used
in all branches of American government.
Rise of the Spoils System.—In the earlier days of the Republic it was
the custom to make appointments with little or no reference to party
politics.[27] But with the election of Andrew Jackson officials were removed
in large numbers to provide patronage for the leaders of the victorious
political party. Jackson’s supporters frankly enunciated the doctrine that “to
the victors belong the spoils”, hence the practice of displacing one set of
officials and filling the vacant posts with another set became known as the
“spoils system”. From this time to 1883, a full half-century, it was
customary to remove large numbers of administrative officials whenever a
new President came in. The notion spread that offices ought to be passed
around; that four years was long enough for anyone to be on the public
payroll, and that in a democracy everyone ought to have his share of the
patronage.
The Iniquities of the Spoils System.—This doctrine, although it was for
more than fifty years accepted by public opinion in the United States, rested
upon a false conception of democratic government. It assumed the interests
of the political party to be more important than efficiency in the government

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service. It assumed that administrative work could be well-enough
performed by men who had no qualifications in the way of education or
experience—nothing but a record of party service. The spoils system
regarded public office in nation, state, and city as mere booty for the
victorious hordes after an election, whereas public office is “a public trust”,
as Grover Cleveland once quite rightly said. It is a privilege and a
responsibility; not a right or a reward. No man has a right to hold public
office merely because he belongs to the winning party. He has a right only
when he is qualified to perform the functions which the tenure of public
office involves.
Being based upon a false doctrine the spoils system Results of the spoils
was pernicious in its results. It filled the administrative system.
offices of the land with party henchmen who were incompetent to perform
the difficult work of administration; it resulted in such frequent changes of
officials that a man no sooner learned the duties of his position than he was
removed to make room for someone else; it debased the whole tone of the
public service. It spread from the national government to the states and
from the states to the cities, making the government service everywhere less
efficient than private enterprise. Presidents, senators, and representatives
were forced to spend a large portion of their time in listening to the pleas of
office-seekers. Even Lincoln, in the dark days of the Civil War, could not
escape the deluge of applicants for appointments.[28] Not everyone who
sought office could be appointed, of course, and where refusals were made
they often caused much bitterness. The seriousness of the whole situation
was strongly impressed upon the public mind in 1881, when President
Garfield was shot by a man whose request for an appointment had been
refused.
The Rise of the Civil Service System.—Popular aversion to the spoils
system ultimately moved Congress to pass the Civil Service Act of 1883.
Although this statute has been several times amended and its provisions
broadened, it still remains the basis of the merit system as applied to federal
appointments. Briefly, it provides for a Civil Service Commission of three
persons appointed by the President with the confirmation of the Senate. It
gives the President power to classify the various subordinate offices, with
the provision that all offices so classified must thereafter be filled by
competitive examinations. When the law went into force only about
fourteen thousand positions were placed in the classified service but the list

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has been steadily widened until today more than three hundred thousand
positions in the employ of the national government are filled by
examination. These examinations are conducted by the Civil Service
Commission.
From the national government the civil service The spread of civil
system spread to many of the states and cities where it service.
has steadily made progress although it is yet far from being universally
established. More than half the states are even yet without civil service
laws. In the larger cities the adoption of the merit system had been more
general; nearly all of them have now established it in one form or other. The
system of patronage is everywhere losing its hold although the politicians
often fight hard to retain it. From the present outlook it is only a question of
time until all administrative offices except the very highest will be filled
under civil service rules.
How the Merit System Works.—The actual The nature of civil
operation of the civil service or merit system is as service tests.
follows: Whenever a classified position is to be filled, the appointing officer
calls upon the Civil Service Commission to send him the names of suitable
persons. If the commission has recently held competitions for a similar
position, it may have names on hand. For example, if the appointment is to
the position of mail-clerk, stenographer, postman, or policeman, there is no
delay in sending in the names because examinations for these posts, owing
to the steady demand, are held frequently. But if some unusual position is to
be filled, such as that of chemist in the city’s water department, it is usually
necessary to hold a special competition. Public announcement is made;
applications are received; examination papers are made out; the tests are
taken by the various applicants, and the results are figured out. Then the
Civil Service Commission certifies to the appointing officer the names
which are highest on the list, usually the three highest, and the appointment
is made from among these names.
Do not imagine, however, that a civil service They are practical in
competition takes the form of examinations like those their nature.
given in school or college. The questions relate to the work which the
applicant will have to do. Candidates for appointment as stenographers are
given a practical test to determine whether they can take dictation rapidly,
read it accurately, and write it out neatly with a typewriter. Civil service
tests for policemen take the form of a physical examination, questions on

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elementary law, and on the duties of a policeman. There are different
examinations for each kind of position. The examiners study what
qualifications a position demands and then devise a set of examinations
which will test these qualifications. The Civil Service Commission does not
make the appointments; it merely certifies the names of those who stand
highest. From these names the appointing officer usually selects the first on
the list, but in some cases he is permitted to choose any one of the first three
names.
Value of the Merit System.—The merit system does not always succeed
in picking out the best among those who apply for a vacant position. No
system of competitive tests is infallible. Even school examinations do not
always prove who is the best scholar. But they come nearer doing so than
any other method. Civil service tests do succeed in weeding out the unfit.
They protect the public service against the appointment of officials who are
clearly incompetent and have no qualifications except political influence. If
the civil service system does not always select the best it certainly enables
us to avoid the worst, which is something that the spoils system never did.
The civil service system is democratic. It gives The democratic
everyone an equal chance. It matters not who the character of the civil
service system.
candidates are, whether rich or poor, Republicans or
Democrats, with friends or without friends—all have an equal opportunity.
Merit is the only thing that counts. And it is the only thing that ought to
count in filling public positions. It is true that the candidate with an
education usually has an advantage in answering civil service questions; but
does not education help a man or woman in every branch of life? In a
country where education is free can we call a system of appointment
“undemocratic” because it gives the educated candidate an advantage?
Under the merit system men and women win appointments; they do not
receive appointments by favor. They hold their posts during good behavior
and are protected against dismissal without cause. The cause must be
specific and stated in writing. This being done, the appointing officer
usually has the right to dismiss a subordinate and this right is necessary to
the maintenance of proper discipline. Under the civil service system,
however, dismissals are not frequent.[29]

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Direct Legislation by the People
The Initiative and Referendum: What they are.— Some definitions.
The machinery of direct legislation consists of two political devices which
usually go together and are known as the initiative and referendum. By the
initiative is meant the right of a stated percentage of voters in any state or
other political division to propose a law and to require that if this proposal
is not forthwith adopted by the regular law-making authorities it shall be
submitted to the people for their decision at the polls. The initiative usually
covers constitutional amendments as well as laws. To put it in less technical
language, if anyone believes that a new law or ordinance should be passed,
he draws up the law or ordinance in such form as he desires; then he gets a
certain number of voters to sign a petition asking for its passage. If the
legislature enacts it, well and good; if it does not enact it the question
whether the law will be adopted goes on the ballot for the voters to decide.
The referendum, on the other hand, is an arrangement whereby a measure
already passed by the legislature or city council may, under certain
conditions, be withheld from going into effect until the people have had an
opportunity to accept or reject it at the polls. The conditions usually are that
a certain number of voters shall present a petition asking that the measure
be withheld from going into force. The referendum, as a rule, cannot be
invoked in the case of emergency measures.
Their Progress in America.—It is only about a quarter of a century
since the initiative and referendum, in this form, made their appearance in
America, the first state to establish them being South Dakota in 1898.[30]
Other states soon took up the idea and today nearly half the entire number
of states have made provision for direct legislation in one form or another.
[31]
From the states the movement spread to the cities, a Spread of direct
large number of which now have provisions for the legislation.
initiative and referendum inserted in their charters. The extension of the
system to the national government, by means of an amendment to the
constitution, is now being urged by some organizations, including the
American Federation of Labor.
How is the rapid spread of this movement for direct Reasons for this rapid
legislation in the United States to be accounted for? extension.

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Two reasons for it, at least, may be given. One is the decline of popular
confidence in lawmaking by legislators. The work of the legislatures in
many of the states, and of the city councils in most of the cities, has been
unsatisfactory to the people on a good many occasions. It has given vogue
to the idea that the people themselves could not do much worse and might
do a great deal better. The second reason may be found in the habit of
waiving responsibility which many legislatures and city councils have
acquired in recent years. When difficult questions come before legislatures,
the legislators frequently find an easy solution, so far as they themselves are
concerned, by “putting the matter directly up to the people”. In other words
they agree to place the questions on the ballot at the next election. In many
states this practice of passing measures with a “referendum clause” has
become very common. It has paved the way for direct legislation on a wider
scale.
The Initiative and Referendum in Practice.—In actual practice the
initiative and referendum do not provide a simple and easy means of
making laws. Their use is hedged about by all sorts of formalities and
conditions. In no two states are these conditions exactly alike, but in a
general way the practical workings of direct legislation are somewhat as
follows:
As the first step, those who desire a new law make a The petition.
draft of it in writing. Then they write out a brief petition to accompany it
and obtain as many signatures as they can. The usual requirement is that a
certain percentage of the qualified voters must sign the petition before it
will be accepted by the authorities. These signatures are secured by holding
meetings, or by a house-to-house canvass, or by placing copies of the
petition in banks, stores, and other public places where voters can sign
them. When enough signatures have been obtained, the petition,
accompanied by the draft of the proposed law, is presented to the proper
official at the state Capitol or city hall and this official checks the names
with a copy of the voters’ list. If he finds that all the The scrutiny.
requirements have been fulfilled, he endorses on the petition a statement to
this effect and makes provision for placing the question on the ballot at the
next election or, in some cases, at a special election held for the purpose.
Meanwhile, the legislature or city council may enact the measure, in which
case the question need not be placed on the ballot. To The voting.
inform the voters concerning the various initiative measures which are to be

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voted on, some states have provided that a pamphlet shall be prepared and
mailed to every voter previous to the election. These pamphlets contain the
texts of the proposed laws and also, in some cases, a summary of the
arguments for and against each proposal. At the election the voters mark
their ballots with a cross opposite the words Yes or No and the proposed
law is adopted or rejected in accordance with the will of the majority.
In the case of the referendum a petition is also drawn up and a designated
number of signatures obtained. When enough signatures have been secured,
usually the same number as is required for the initiative, the petition is
presented, checked up, and certified in the same way. The law in question,
although duly enacted by the legislature, is then withheld from going into
effect until the voters ratify it at an election.
In some states the initiative and referendum have been used quite freely;
in others hardly at all. In Oregon, during the decade 1906-1916, no fewer
than ninety-one measures were submitted to the voters at five elections; in
Massachusetts only four measures have been initiated by petition in five
years. Much greater use has been made of direct legislation in the Far West
than in the East.
Merits of Direct Legislation.—The reputed merits The arguments in
of the initiative and referendum may be summed up favor.
under four heads. 1. It makes government more democratic. In legislatures
the influence of some class, section, or partisan element among the people
has often determined the nature of the laws. By the use of direct legislation
the whole people can make their will effective. 2. It has an educative value.
People who are called upon to vote upon measures will learn something
about them before going to the polls. When the legislators alone make the
laws, the individual voter takes no interest in the lawmaking. But when the
questions go on the ballot there is a general public discussion of the
arguments for and against. In this way the whole body of the voters
becomes informed on public problems. 3. It gives the ordinary citizen a
chance to make his influence felt. The legislature, in doing its work, does
not hear much from the plain man who attends to his own business. It hears
chiefly from the “vested interests”, the corporations, and capitalists on the
one hand, or from labor organizations or the farmers on the other. It is also
subjected to pressure by politicians and party leaders. But a considerable
part of the population is made up of men and women who are neither
capitalists, union workers, nor politicians. Direct legislation gives this silent

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section of the electorate a chance. 4. It keeps legislative bodies on their
good behavior. The initiative and referendum are not intended to supplant
lawmaking by legislatures. Most of the laws will continue to be made by
the old process. Direct legislation is merely a remedy in the hands of the
people for use when the regular lawmaking bodies fail to carry out the
popular will. Knowing that the voters have this weapon ready for use, the
legislators are more careful about what they do. They know that an appeal
may be taken to the voters and their own decisions overturned. This is an
incentive to better work on their part. Hence the initiative and referendum
will really strengthen rather than destroy our system of representative
government.
Defects of Direct Legislation.—But there are The arguments
arguments on the other side as well; and these also can against.
be arranged under four headings. 1. Direct legislation weakens the civil
rights of the individual. These rights are embodied in the state constitutions
for the purpose of preserving them. But if a majority of the voters can
change these constitutions at any time, there is no longer any distinction
between constitutions and laws. This means that there is no special
protection for the rights of property, for free speech, or for freedom of
worship. A majority can ride rough-shod over a minority at any time. 2.
Direct legislation is usually the work of a majority in name only. Not more
than eighty per cent of the people regularly cast their ballots on election
day; the proportion is often much smaller. Of those who go to the polls
many do not vote on all the questions. The result is that measures are
frequently ratified by the votes of only thirty or forty per cent of the whole
electorate, in other words by a distinct minority. The alleged “rule of the
majority” thus becomes a fiction, not a fact. 3. Direct legislation results in
appeals to public prejudice and leads to demagogism. When measures are
submitted to the people the discussion is not confined to the merits of the
proposed laws. The supporters and opponents alike appeal to the prejudice
and the self-interest of the voters. The demagogue uses his opportunity to
the fullest extent, thus inflaming bitterness between different classes among
the people. There is no opportunity for calm deliberation or compromise as
in the legislative halls. The voters can only say Yes or No. They must take
the measure as it stands or reject it entirely. As a rule, moreover, the man
who is ready to say Yes or No to any public question can be set down as one
who has given very little thought to the subject. 4. Direct legislation tends

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to break down the whole system of representative government. It divides the
responsibility for lawmaking, encourages the election of less efficient
representatives, and places upon the people a task which they cannot
intelligently perform. The voters will not, and cannot, fully inform
themselves about the merits and defects of ten, twenty, or thirty different
questions on the ballot. It is absurd, the opponents of direct legislation
declare, to submit a long list of questions to the voters when thousands of
these voters are not even able to read or write.[32]
The Relative Weight of these Arguments.—The Which are the
fore-going paragraphs give the arguments, both for and stronger?
against direct legislation, as they are commonly put forth by the two sides.
The supporters of direct legislation are inclined to magnify its merits; the
opponents are equally prone to overstate its defects. Due allowance should
be made for this in weighing their respective arguments. Direct legislation
has not put an end to the power of political bosses or destroyed the party
system or made all the laws righteous. On the other hand it has not led to
lawmaking by demagogues or impaired the fundamental rights of the
citizen. Laws passed by means of the initiative and referendum have been,
on the whole, no better and no worse than laws passed by legislatures. The
strong probability is, if one may venture a prediction, that less use of direct
legislation will be made as time goes on. This does not mean, however, that
the system will be valueless. It still remains a highly important weapon of
last resort which the people can use if they need it. At any rate no one need
hesitate to make up his own mind as to the relative merits and defects of the
initiative and referendum, for he will find himself in pretty good company
whichever side he takes.
The Recall.—The recall is the right of a designated number of voters to
demand the immediate removal of any elective officeholder and to have
their demand submitted to the voters for decision. A petition for removal is
drawn up and circulated for signatures; when enough signatures have been
obtained it is presented to the proper authorities who thereupon hold an
election to decide the matter. The petition usually states the reasons for
demanding the officeholder’s removal before the expiration of his term. If a
majority of those who vote on the question are in favor of the removal, the
officeholder vacates his post at once; if they reject the demand for a recall,
he continues in office. Provision for the recall was first established in Los
Angeles (1903), and during the past twenty years it has been adopted in

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many cities in different parts of the country. Ten states have also provided
for the recall of elective state officers. Several city officials have been
removed at recall elections, but only one state officer has yet been ousted
from office by this procedure.[33]
The purpose of the recall is to ensure the complete and continual
responsibility of public officials to the people who have elected them. It
enables the establishment of longer terms of office without incurring the
danger of autocracy on the part of officeholders. On the other hand, the
recall is a weapon which may easily be perverted to wrongful use. If
attempts were made to oust an officeholder whenever his work gives
offence to any influential element among the voters, the recall procedure
would soon become an intolerable nuisance in that it would be continually
bringing the people to the polls. It would likewise deter independent and
capable men from accepting office at all. But as a matter of fact the recall
has not been widely used. For the most part the people have held it in
reserve for emergencies. It is like a fire-escape on the outside of a building,
not to be used at all under ordinary circumstances, but exceedingly valuable
when an emergency comes.
General References
James Bryce, Modern Democracies, Vol. I, pp. 151-164 (Public Opinion); Vol. II, pp. 417-434
(Direct Legislation by the People);
A. L. Lowell, Public Opinion and Popular Government, pp. 113-232 (Methods of Expressing
Public Opinion);
A. B. Hart, Actual Government, pp. 270-273 (Appointing Power); 276-294 (Civil Service);
W. B. Munro, Government of the United States, pp. 501-521 (Direct Legislation and the Recall);
E. M. Phelps (editor), Initiative and Referendum (Debaters’ Handbook Series);
Delos F. Wilcox, Government by All the People (The Arguments in Favor), pp. 104-128; 149-163;
Arnold B. Hall, Popular Government (The Arguments Against), pp. 120-143.

Group Problems
1. What is public opinion? How is it formed? Influence of the press. News columns and
editorials. The press and propaganda. Influence of advertisers. The large measure of independence in
the press. Resolutions of organizations. Communications to legislators. Relative importance of the
various channels of public opinion. References: A. V. Dicey, The Relations between Law and Public
Opinion in England, pp. 17-47; James Bryce, American Commonwealth, Vol. II, pp. 251-266; Ibid.,
Modern Democracies, Vol. I, pp. 92-110; 151-164; A. L. Lowell, Public Opinion and Popular
Government, pp. 4-56; G. H. Payne, History of Journalism in the United States, pp. 347-359 and
passim; Arnold B. Hall, Popular Government, pp. 25-44; Walter Lippman, Liberty and the News,
passim.
2. The initiative and referendum in their practical workings. References: J. D. Barnett, The
Operation of the Initiative, Referendum and Recall in Oregon, pp. 101-125; Illinois Constitutional
Convention (1920), Bulletins, No. 2; Massachusetts Constitutional Convention (1917-1918),

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Bulletins, No. 6; A. L. Lowell, Public Opinion and Popular Government, pp. 169-239; D. F.
Wilcox, Government by All the People, pp. 229-320; Arnold B. Hall, Popular Government, pp.
120-143.
3. The civil service system: its progress, aims, and methods. References: A. B. Hart, Actual
Government, pp. 276-294; C. A. Beard, American Government and Politics, pp. 222-230; P. S.
Reinsch, Readings in American Federal Government, pp. 683-702; W. B. Munro, Government of
American Cities, pp. 271-290; C. R. Fish, The Civil Service and the Patronage, passim; J. T. Young,
The New American Government and its Work, pp. 592-608.

Short Studies
1. The responsibility of public officials. F. A. Cleveland, Organized Democracy, pp. 394-409.
2. The function of a representative. J. W. Jenks, Principles of Politics, pp. 77-84; J. S. Mill, On
Representative Government (Everyman’s Library), pp. 202-218; 228-241.
3. The election vs. the appointment of public officials. John M. Mathews, Principles of
American State Administration, pp. 173-190.
4. The spoils system. James Bryce, American Commonwealth, Vol. II, pp. 136-145; James A.
Woodburn, Political Parties and Party Problems, pp. 254-265. See also W. D. Foulke, Fighting the
Spoilsmen, passim.
5. Training for public service. W. H. Allen, Training for the Public Service, pp. 164-200.
6. How civil service tests are given. L. F. Fuld, Police Administration, pp. 75-97.
7. The public service as a profession. A. L. Lowell, Public Opinion and Popular Government,
pp. 264-305; W. H. Allen, Training for the Public Service, pp. 164-181; E. A. Fitzpatrick, Experts
in City Government, pp. 71-104.
8. The recall of public officers. Arnold B. Hall, Popular Government, pp. 203-241.

Questions
1. How many “organs” of public opinion can you name? How does each exert an influence? Which
one do you consider the most influential?
2. Is public opinion always the sentiment of the majority? If it is not, explain why. Give a concrete
illustration.
3. Do you agree with Edmund Burke’s ideas as to the proper function of a representative?
4. When the question of woman suffrage was before the United States Senate, and only one
additional vote was needed to pass it, a certain senator declared that while he was personally in favor
of granting the suffrage to women the people of his own state had just voted against the proposal and
he therefore felt bound to follow their judgment. Was he right or wrong in taking that attitude?
5. Make a list of the administrative officers of your state and community, indicating which ones
should be elected and which appointed. Can you think of any proper exceptions to the rule that all
administrative offices requiring skill or experience should be filled by appointment?
6. What arguments were put forward in behalf of the spoils system?
7. What sort of civil service tests ought to be applied in selecting persons for the following
positions: truck-and-ladder driver in the fire department; gardener in the public park service;
bookkeeper in the office of the state treasurer; member of the United States life-saving service;
railway-mail clerk; analyst of food and drugs; inspector of wires and lamps; woman police officer;
probation officer; draftsman in the state highway department.
8. In a city of 100,000 population what positions would you exempt from civil service rules?
9. Is good government more important than popular government? Can a government be both
democratic and efficient? Do you regard appointments by competition as undemocratic? Why or why
not?

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10. Work out a plan by which promotions in the police department could be made under the merit
system (consider the possibility of giving credits for punctuality, acts of courage, number of arrests,
etc., and of making deductions for neglect of duty, etc.).
11. What is the strongest argument for direct legislation and what is the weakest? Which argument
on the other side impresses you the most and which the least?
12. Is it more dangerous to subject judges to the possibility of recall than other officials?

Topics for Debate
1. A congressman should obey his conscience rather than his constituents when he cannot obey
both.
2. Heads of state and city administrative departments should be chosen under civil service rules.
3. The initiative and referendum should be extended to national lawmaking.

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CHAPTER VII
SUFFRAGE AND ELECTIONS

The purpose of this chapter is to explain who have the right to vote, how the voters nominate
public officials, and how elections are held.

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Suffrage

How the Voters Control the Government.—A Direct and indirect
democratic government is one in which the people, popular control.
acting directly or through their representatives, control the course of public
affairs. This control may be exercised, as has been pointed out, in either one
of two ways. It may be exercised directly, that is, by the use of the initiative
and referendum. The proposal for a law comes from a designated number of
voters, and the adoption or rejection of the proposal is decided by a
majority of the voters at the polls.
It is easy to see, however, that the people cannot perform the entire work
of government in this direct way. There are too many laws to be made, too
many details of administration to be handled, and too many disputes to be
adjusted. So most of the work of government is carried on by persons who
are chosen by the voters for this purpose or who are appointed to office by
the representatives of the people. Elective officials, as a rule, have authority
to determine matters of general policy in nation, state, or municipality,
while appointive officials, for the most part, carry out the policy thus
determined upon.

Page 111

GOVERNMENT. By Elihu Vedder

From a Copley Print, copyright by Curtis & Cameron, Boston.
Reproduced by permission.

GOVERNMENT

By Elihu Vedder
From a mural decoration in the Library of Congress.
Mr. Vedder portrays Government as a mature woman in
the fullness of her strength. She is seated upon a bench of
hewn marble, which is supported by the figures of two lions
—all emblematic of strength and power. Behind is an oak
tree, which typifies slow, deep-rooted growth. In symbolic
pictures the ballot box is usually represented as an urn. Here
the marble bench rests upon urn-shaped vases. In the lions’
mouths are mooring-rings to remind us that the ship of state
must not drift aimlessly but should be moored to strength.
In her left hand Government grasps a golden sceptre (the
Golden Rule) to signify that all her actions are based upon
respect for the rights of others; her right hand holds a tablet
upon which is graven a notable epigram from Lincoln’s
Gettysburg Address. On either side of Government are two
genii or mythical figures. One holds a bridle which typifies
restraint, discipline, and order—the bulwark of effective
government. The other supports an unsheathed sword,
emblematic of defence and justice.
In this picture, therefore, the author prefigures the
outstanding marks of a successful free government—
strength; fairness, democracy, restraint, security, and justice.

The Citizen and the Voter.—Government by the people does not, of
course, mean government by all the people. In every Not all citizens are
country there are many persons who are not competent voters.

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to exercise a share in the government. Very young persons, for example, do
not have maturity of judgment, which a share in government requires.
Insane persons, prisoners in jails, aliens, and others are also, for obvious
reasons, usually debarred from the privilege of voting. It is not to be
assumed that everyone who is a citizen is also a voter. All persons born or
naturalized in the United States and subject to American jurisdiction are
citizens no matter what their ages or mental capacity may be, but not all are
voters. The voters are those upon whom the privilege of voting has been
conferred by law. In the United States they comprise a large proportion of
the adults but they do not form a majority of the entire population. Out of a
national population of about one hundred and five millions the voters of the
United States number about thirty-five millions. This number is quite large
enough to ensure an adequately representative government.
Development of the Suffrage.—Voting is a The gradual widening
privilege and duty rather than a right. In the earlier of the suffrage
states of American history the privilege of voting was restricted to property-
owners and taxpayers. This condition of affairs, moreover, continued for a
considerable period after the Revolutionary War. One by one, however, the
various states began to abolish their restrictions and by the middle of the
nineteenth century the principle of manhood suffrage had become firmly
established so far as the white population was concerned. The struggle for
the extension of the suffrage to men who did not own property was a
prolonged and bitter contest in which the opponents of manhood suffrage
vainly argued that the extension would put all political leadership into the
hands of noisy agitators and would end in the ruin of orderly government.
But manhood suffrage ultimately triumphed because the country came to
the conclusion that the structure of democratic government could be made
more secure by broadening the base upon which it rests.
Negro Suffrage.—In the Southern states prior to the The rights of the
Civil War colored men were excluded from voting at all negro.
elections. But with the emancipation of the slaves the question of
guaranteeing the suffrage to colored men had to be faced. By the terms of
the Fourteenth and Fifteenth Amendments to the national constitution no
state is permitted to withhold voting rights from any man on account of his
color; if it does so, the constitution provides that such state shall have its
number of representatives in Congress reduced. As a matter of fact,
however, there has always been a very strong sentiment among the white

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population of the Southern states in opposition to political equality on the
part of the colored element, and this has prevented the enforcement of the
guarantees contained in the constitution.
By various devices the Southern states have for the How negroes are
most part excluded negroes from suffrage. One of these excluded from voting.
is the requirement that all voters shall be able to read and write. If this
provision were impartially applied to the white and the colored population
alike; if all illiterate persons irrespective of color were excluded, this action
would be entirely justified. But the aim of the South is to eliminate the
negro as a voter whether he is illiterate or not.[34] The attitude of the white
population in the South is not difficult to understand. In the days
immediately following the Civil War the colored men were given the ballot
in all the Southern states, and the results were disastrous. Unfit men were
elected to office, public money was spent wastefully, and government was
badly conducted in all these states under the domination of the colored
voters. As a result the white population took the control once more into its
own hands and has kept it there. But this can scarcely be regarded as a final
solution of the problem. No political problem can be solved in this country
in defiance of the constitution. Many Southerners realize this and are
endeavoring to find some solution which will be for the best interests of the
negro while protecting the white man’s political supremacy. The negro
question is particularly the Southerner’s problem; he knows the colored race
as no Northerner can; and if he cannot settle it justly and wisely, no man
can.
The Nineteenth Amendment.—It is now more than The extension of the
fifty years since women first began to claim, in this suffrage to women.
country, the right to equal political privileges with men. Those who
supported this claim argued that women were quite competent to assume an
active share in government and that in some branches of public
administration (such as the management of schools and the enforcement of
the laws regulating child labor) women have an even greater interest than
men. Women were required to pay taxes and it was urged that on this
account they were entitled to representation. On the other hand the
extension of the suffrage to women was opposed on the ground that it
would tend to weaken the interest of women in the home, thus impairing the
strength of the family as a social unit, and also that women would not use
the ballot wisely. They would be influenced by their sympathies and

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emotions rather than by their judgment, it was predicted, and would bring
an element of instability into public policy. Another objection commonly
raised was that with twice as many voters the cost of holding elections
would be doubled. But despite these objections the movement for woman
suffrage made gradual headway in one state after another and finally, in
1920, it was made compulsory upon the entire country by the provisions of
the Nineteenth Amendment.[35]
Present Qualifications for Voting.—Each state Citizenship, age, and
decides who shall not vote. Each state has entire residence.
freedom to do as it thinks best in this matter subject only to the provisions
of the national constitution, which stipulate that the privilege of voting shall
not be denied to any citizen by reason of sex, or because of race, color, or
previous condition of servitude. There is no reason, therefore, why the
qualifications for voting should be the same in all parts of the country, and
as a matter of fact they differ a little from state to state. At present the
restrictions relate mainly to age, citizenship, and residence, but sometimes
also to literacy and taxpaying. In every state the privilege of voting is
restricted to persons who are twenty-one years of age or over. As for the
residence requirement it varies considerably in different states, running
usually from six months to a year. It is imposed in order to make sure that
those who vote in any community shall be somewhat acquainted with its
affairs. In most of the states none but citizens are permitted to vote, but in
two or three states the privilege is extended to those aliens who have
declared their intention of becoming citizens.
Educational Tests for Voters.—Educational qualifications for voting, in
one form or another, exist in nearly one-third of the states.[36] In some the
requirement is that anyone who desires to be enrolled as a voter shall be
able to write his name and also to read aloud any clause taken at random
from the state constitution. Exemptions from this test are always granted to
persons who by mere reason of physical disability are unable to read or
write.
Several of the Southern states have provided additional exemptions
which result in excusing from the test all white persons who are unable to
read and write while strictly applying the requirement to all colored
applicants. Various methods are employed to this end. How educational tests
In one case the provision is that no one may be are applied.
registered as a voter unless he can read any clause in the state constitution

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or “give a reasonable interpretation thereof”. The white officials in charge
of the registration then decide, in their own discretion, whether the
interpretation is reasonable or not. In some other states the attempt has been
made by what is commonly known as the “grandfather clause” to excuse
from the literacy test all persons who had the right to vote before 1867, and
all descendants of such persons. As there were no colored voters in any of
the Southern states prior to this date the “grandfather clause” virtually
establishes a racial discrimination which the Supreme Court, a few years
ago, declared to be unconstitutional.
Is an Educational Test Desirable?—In the majority of the states men
and women are permitted to vote even though unable to read or write. The
question is often asked whether this practice is wise. Would it be better to
insist on an elementary educational qualification everywhere, or is it
desirable that in a democracy no distinction be made between those who
can read and those who cannot?
On the one hand it is argued that men and women The arguments for
who have never had the advantages of a grammar and against
educational tests.
school education may nevertheless be good, patriotic
citizens, and indeed may be better informed upon questions of government
and politics than some who have had far greater educational advantages.
People are not required to read and write before they are permitted to own
property or compelled to pay taxes. Men who could neither read nor write
were drafted to serve in the army during the war. If, then, we compel
illiterate persons to perform the duties of citizenship, ought we not to grant
its privileges to them as well? But there is something to be said on the other
side of this question. Bear in mind that we provide free public elementary
education for everyone in the United States. The privilege of learning to
read and write is not the privilege of a single class; it is within the reach of
everyone. We no longer allow aliens to enter the United States unless they
can read and write, nor can any illiterate person become naturalized. Under
these circumstances is it unreasonable to require an elementary educational
test for voting? It may be true that persons who are unable to read are able
to mark a certain type of ballot without spoiling it, but they can hardly hope
to exercise an intelligent choice as among individual candidates on the
ballot; they are unable to use any ballot which does not arrange the names
of candidates in straight party columns and they cannot vote upon
referendum questions except by mere guess-work. If we are regularly going

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to submit questions to the voters at the polls for their decision, should not
the voting lists be confined to those who are at least able to read the
questions?
Tax-Paying Qualifications for Voting.—In a few states the male
suffrage is restricted to persons who have been assessed for a poll tax.
Massachusetts has such a provision and enforces it strictly. Some Southern
states also impose this qualification, partly, no doubt, because it is effective
in debarring large numbers of colored men who are remiss in paying their
annual poll taxes. There is a difference, of course, between a taxpaying
qualification and a property qualification. Many people pay taxes, income
and poll taxes, for example, without owning any property. Nowhere in the
United States is the ownership of property a requirement for voting at
national elections.
These, then, are the general and special The requirements
qualifications. It will be observed that since each state vary state.
from state to

prescribes its own requirements, no two of them
establish the same qualifications, or, if they do, it is merely by accident. It is
not strictly true that every adult citizen of the United States has the privilege
of voting; but it is approximately true. Those who are excluded by the
residence, educational, or tax paying qualifications (apart from colored
citizens in the Southern states) form a relatively small fraction of the total
adult citizenship, probably less than ten per cent.[37]
How Voters are Registered.—In order to obtain a The registrars of
ballot on election day it is necessary that one’s name voters.
shall be on the voters’ list. This list is prepared by officials designated for
this purpose in every community or district. These officials are commonly
known as registrars of voters. Whoever desires to be enrolled must appear
before these registrars and usually must make a sworn statement as to age,
citizenship, residence, and other qualifications. If there is an educational
test, it is applied by the registrars. The printed lists of enrolled voters are
then posted for public inspection.[38] In some states a new voters’ list is
compiled every year, and it thus becomes necessary for everyone to register
annually. In others it is the practice to keep a voter’s name on the list so
long as he continues to pay poll taxes.[39] But in any case the only way a
voter can be sure of having his name on the list at every election is to give
this matter his personal attention. In the eyes of the law voting is a

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privilege, not a right, and the voter is responsible for seeing that he obtains
his privilege.

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Nominations

Why Nominations are Essential.—The choice of The chief purpose of
elective public officials usually involves two steps—the nominations.
nomination and the election. Nominations may be made, and they are
sometimes made, by a caucus or by a convention of delegates. More often,
however, they are made by the voters at a preliminary election or primary.
But the question may fairly be asked: Why have nominations at all? Why
not give the voters blank ballots and let them write in whatever names they
please? Apart from the fact that many voters (in states which impose no
educational test) would not be able to write, there is the objection that so
many different persons would be voted for that no one would have anything
like a majority. In order to ensure that those who are elected will represent
the choice of a substantial body of the voters and if possible an actual
majority, it is desirable that there be some way of eliminating all but the
stronger candidates. That is why we provide for formal nominations.
History of Nominating Methods.—During the past hundred years or
more we have tried a variety of nominating methods. First came the caucus,
sometimes a gathering of legislators and sometimes of voters, brought
together to select a candidate. The caucus gave place, in The convention
time, to the convention, which is a body of delegates method.
chosen by the voters of each locality. To this day the convention remains the
mechanism by which nominations are in some cases made. But the
convention method, for a variety of reasons, did not prove satisfactory and
it has been replaced, throughout the greater portion of the United States, by
the system of nomination at a primary election.
The Primary.—The primary, in our electoral system Different forms of
corresponds to the “qualifying trials” in athletic primary.
contests. Its purpose is to see that the race is confined to the swift. It
eliminates those who have no chance to win. Those who desire to be
candidates for any public office present their names on nomination papers,
each of which must bear the signatures of so many qualified voters—say
twenty-five or fifty. The names of the candidates are placed on a ballot, and
a primary election is held some time before the regular election. But the
details of primary elections differ somewhat from state to state. An open

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primary is one at which voters are not restricted to the ballot or column of
their own party, but may exercise entire freedom of choice among all the
names on the primary ballot. In some states there are party primaries or
closed primaries. This means that none may vote at the primary except
those who are members of a political party.[40] Each party may hold its
primary on a different date, in which case it is called a separate primary; or
both parties may hold their primaries together, in which case we call it a
joint primary. At a joint primary there may be a separate ballot for the
voters of each party or there may be a single ballot which contains the
names of different party candidates in parallel columns. In some cities and
towns another form, the non-partisan primary, is provided, in which case
the ballot bears no party designations at all. The procedure at a primary
election is like that of a regular election, with printed ballots, ballot boxes,
and regular officials in charge of the polls.
Merits and Defects of the Primary.—As a method Advantages of the
of making nominations the primary, whether closed, primary.
open, or non-partisan, has both merits and defects. It is better than the
convention in that it places nominations directly in the hands of the voters,
thus making it more difficult for party bosses to dictate who the candidates
shall be. Conventions consisting of a relatively small number of delegates,
many of them officeholders, can be manipulated by wire-pulling politicians.
Nominations made by conventions have frequently been, for that reason,
very unsatisfactory to the rank and file of the voters. The primary gives an
opportunity to the man or woman who is popular with the voters although
not popular with the politicians. It tends to break down some of the worst
abuses of the party system.
On the other hand there are some practical objections Objections to it.
to the primary as a method of making nominations and a vigorous fight is
now being waged to abolish it. A primary means an additional election with
all the attendant campaigning and expense. The total vote cast at a primary
is often small; hence the candidate who gains the nomination may or may
not be the real choice of his party.[41] The primary puts a burden upon those
who seek to gain elective public office, for they must virtually fight and win
two successive battles at the polls. To do this takes so much time that men
and women who have business of their own to attend to are often deterred
from becoming candidates. The field of political activity thus tends to
become monopolized by professional politicians who have nothing else to

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do. The primary contests are so bitter at times that they create dissensions in
the party ranks and weaken the party at the ensuing election. The use of the
primary has not enabled us to get rid of political bosses; it has merely made
them work a great deal harder to retain control.
In some states the political parties have adopted the A new development.
practice of holding an “informal” convention some few weeks before the
date of the primary. This convention, which is composed of unofficial
delegates, makes recommendations as to the candidates who ought to be
voted for by members of the party at the primary. Members of the party are
free, of course, to do as they please at the primary, but the recommendations
made by an “informal” convention, in view of the fact that they are largely
the work of acknowledged party leaders, carry a good deal of weight.
One result of the primary system has been, therefore, This means a further
to complicate our electoral machinery. If the practice of complication.
holding informal conventions becomes general, there will be four steps
which a party will have to take in order to put its candidates in office, first
the informal convention, then the primary, then the official convention
which drafts the platform, and finally the election. Surely it should be
possible to elect our public officials under some less complicated
arrangement than this.[42]

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Elections

How an Election is Held.—The date on which an The election day.
election is held is fixed by law. National elections always take place on the
Tuesday following the first Monday in November.[43] State elections are
usually, although not always, held on the same date. Local elections take
place on such dates as the state laws or city charters provide. It is usually
thought best that local elections shall not be held on the same day as the
state or national elections because of a desire to keep national and state
politics out of local affairs. When national, state, and local elections are
held on the same day the tendency is for the voters to focus their whole
attention on national and state issues, giving very little attention to the
problems of their own communities. The names of candidates for the local
offices are away down near the bottom of the ballot where they appear
relatively unimportant. Separate elections involve additional expense,
however, and increase the number of times a voter has to come to the polls.
[44]

The voting is done at polling places, one or more of Polling places and
which are located in each precinct. The precinct is a poll officers.
small division of the county, town, or city; as a rule it does not contain more
than four or five hundred voters. The polling place is in charge of officials,
commonly known as poll-wardens or inspectors, who are appointed by the
state or local authorities. They are assisted by clerks. The duty of these
various officials is to open the poll, give ballots to persons who are
registered and to no others, count the votes after the poll is closed, and
report the results to the authorities who are in charge of the elections. They
are responsible for the lawful and honest conduct of the polling. Each party
is also allowed to have one or more “watchers” at the polling place and
these watchers have the right to challenge any person whom they believe to
be an impostor. When anyone is challenged he may take oath that he is
entitled to vote, in which case he will be given a ballot; but such ballots are
counted separately. When a voter receives a ballot, his name is checked off
the voters’ list. Various stalls or booths are provided, into one of which the
voter then goes and marks his ballot privately. Having finished marking it
he folds the ballot and hands it to one of the polling officials who, in the

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presence of the voter, deposits it in the ballot box. Polls are kept open
during designated hours, usually from six or seven o’clock in the morning
until five or six o’clock in the afternoon.
The Ballot.—The history of the ballot in the United History of balloting.
States is interesting. Originally all votes were given 1. Oral voting.
orally. The voter came to the polling place, stated his choice aloud and the
poll officials wrote it down. The objection to this plan was that it precluded
secrecy and left the voters open to intimidation. Then paper ballots came
into use, each party providing ballots for its own members. Outside the
polling place, at each election, stood a group of party 2. The party ballot.
workers each armed with a handful of ballots, which were distributed to the
voters as they came. This method also was objectionable. It encouraged the
voting of a “straight party ticket”, in other words it took Objections to the
for granted that everyone wished to vote for the entire party ballot.
slate of party candidates without exception. If the voter desired to do
otherwise, it was necessary for him to scratch out the unacceptable names
and write others in. Most voters would not go to this trouble. This method
of balloting was not secret, because a voter could be watched from the time
he received his ballot outside the polling place until he deposited it in the
box. This was an encouragement to bribery and intimidation. It also
facilitated fraud at elections since there was no limit upon the number of
ballots printed by the parties and it was not difficult for dishonest voters or
corrupt officials to slip extra ballots into the box. This abuse, known as
“stuffing” the ballot box could only be prevented by having all the ballots
officially printed. When a definite number of official ballots is given to each
polling place every ballot must be accounted for.
In nearly all the states, therefore, an official ballot is 3. The Australian
now used. This is commonly known as the Australian ballot.
ballot. Usually the names of all the candidates are printed in parallel
columns, each party having a column of its own, with the name and insignia
of the party at the top. Immediately below the insignia is a circle in which
the voter, by marking a cross, may record his vote for every one of the
candidates in the entire column. The voter who does this is said to vote a
“straight ticket”. But if he desires to vote for some of the candidates in the
column of one party and for some in the column of another party, he leaves
the circle unmarked and places a cross after such individual names as he
may choose. This is called voting a “split ticket”. In some states there are no

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party columns; the names of the candidates are printed on the ballot in
alphabetical order, each name followed by a party designation. In a few
large cities, such as Boston and Cleveland, the party designation is omitted.
Here the voter must pick and choose individually. The party-column
arrangement encourages the voting of straight tickets; the alphabetical plan
does not.[45]
The Short Ballot.—Throughout the United States Evils of the long
the number of elective offices steadily increased during ballot.
the nineteenth century. The result was that ballots gradually became longer
until in some cases the voters found themselves confronted with sheets of
paper containing a hundred names or even more. It proved exceedingly
difficult to use proper discrimination among so many names and hence
there arose an agitation for simplifying the ballot by reducing the number of
positions to be filled by election. In a democratic government all officials
who have authority to decide questions of general policy—the President,
senators, representatives, governors, assemblymen, mayors, councilors, and
the like—ought to be chosen by popular vote. But there are many other
officials, such as state auditors, county clerks, and superintendents of
schools, whose duties are chiefly administrative. These officials carry out a
policy which is laid down for them by law, and it is contended that they
should not be elected but appointed. If all such officials were made
appointive, the size of the ballot would be considerably reduced, and the
voters could concentrate their attention upon a smaller number of names.
A ballot is not an effective instrument of popular government unless it is
simple enough for the average voter to use intelligently. When a ballot is so
long, so complicated, and so unwieldy that the voter is tempted by sheer
exhaustion into voting a straight party ticket, then the party leaders, and not
the people, are really choosing the officers of government. The movement
for a “short ballot” aims to make government more truly democratic, not
less so.
The Preferential Ballot.—Another defect of the Defects of the
ordinary ballot is that it allows the voter to indicate ordinary ballot.
only a single choice for each office. If there are five candidates for the
office of mayor, let us say, the voter may mark his ballot for one of them
only. He is not permitted to indicate who would be his second choice, or his
third choice among the five. Whichever candidate gets the largest number
of first choices among the voters is the winner, although he may be the

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choice of a small minority. To prevent this likelihood of election by a
minority when there are several candidates in the field for a single office a
system of “preferential voting” is sometimes used.
Where the preferential ballot is in use, as it is in How the preferential
several American cities, the voters are asked to indicate, system works.
in columns provided for this purpose, not only their first but their second
and third choices and even their further choices among the various
candidates. The names of those candidates whom the voter does not want to
support are left unmarked. When preferential ballots are counted, any
candidate who has a clear majority of first choices is declared elected. But
if no candidate obtains a majority of first choices, the second choices are
added to the first choices and if the two totals combined give what would be
a majority of first-choice votes, the candidate who received them is
declared elected. In like manner the third choices are resorted to if
necessary.[46] The candidate elected by the preferential system is practically
always the choice of a majority among the voters, not the first choice of a
majority always, but one whom a majority have indicated their willingness
to support. The chief practical objection to the preferential ballot is that
many voters do not take the trouble to mark their second and third choices.
Proportional Representation.[47]—Preferential The problem of
voting should be distinguished from proportional minority representation.
representation, which is a plan of choosing legislative
bodies in such a way that all considerable groups of voters will be
represented in proportion to their own numbers. Whenever several
representatives are elected on the same ballot it usually happens that one
political party secures them all. So many voters adhere to the “straight
ticket” that the entire party slate wins. The minority party, even though it
may comprise nearly half the voters, in such cases obtains no representation
at all. This, of course, does not give us a true system of representative
government; hence various plans have been put forward for securing to
“each considerable party or group of opinion” a representation
corresponding to its numerical strength among the voters. The best known
among these is the Hare Plan, which has been used in several foreign
countries and, during recent years, in a few American cities.[48]
This system of proportional representation is The Hare plan
somewhat complicated but may be concisely described explained.
as follows: First, the names of all candidates are printed alphabetically on

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the ballot and the voter indicates his choices by marking the figure 1 after
the name of his first choice, the figure 2 after the name of his second
choice, and so on. Then, when the polls are closed, the election officers
compute the number of votes needed to elect a candidate and this is called
“the quota”. This they do by dividing into the total number of votes cast the
number of places to be filled, plus one, and then adding one to the quotient.
For example, let us suppose that 10,000 votes have been cast and that there
are seven candidates to be elected. Ten thousand divided by eight (seven
plus one) is 1250 and any candidate who receives 1251 first-choice votes is
declared elected. If such candidate, however, has more votes than enough to
fill his quota, the surplus votes are distributed in accordance with the
indicated second-choices among candidates whose quotas have not been
filled. If enough candidates are not elected by this process, the candidate
with the smallest number of first choices is then dropped and his votes are
distributed in the same way. This process of elimination and distribution
goes on until enough candidates have filled their quotas or until the
successive eliminations have left no more than enough to fill the vacant
positions. This plan is not a model of simplicity, of course, but it is not so
difficult to understand as one might at first glance imagine, nor in its actual
workings does it present any serious complications. What the voter has to
do is simple enough. In so far as there are any difficulties they arise in
connection with counting the ballots, not in marking them. The plan is
workable and the attainment of proportional representation in all our
legislative bodies would be a great gain.
Counting the Votes.—When the polls are closed the Majorities and
ballots are counted by the officials of the polling place pluralities.
in accordance with whatever plan is used. With ordinary ballots the
counting does not take very long; if preferential ballots are used, or if a
system of proportional representation is in vogue, the counting takes a good
deal longer. When a candidate receives more than one-half of all the polled
votes, he is declared to have a majority; when he merely obtains more votes
than the next highest candidate he is said to have a plurality. In the United
States, at nearly all elections, a plurality is sufficient. When the counting is
finished the result is certified to the proper higher officials. A recount can
usually be had at the demand of any candidate, and recounts often take
place when the result is close.
Types of corruption.

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Corrupt Practices at Elections.—All elections afford some opportunity
for corrupt practices and various safeguards are provided against their
occurrence. Personation is the offence of voting under a name which is not
your own. Voters who have died since the lists were compiled, or who are
absent, are sometimes impersonated by men who have no right to vote at
all. Vigilance on the part of the election officers helps to prevent
personation although the officials can hardly be expected to know everyone
who comes to the polls. Repeating is the offence of voting twice at the same
election. To do this a voter must first, by fraudulent means, become enrolled
as a voter in two or more precincts or districts. Ballot-box stuffing is the
practice of putting in the box ballots which have no right to be there. With
the Australian ballot the practice is very infrequent. Ballot-switching is the
placing of marks on the ballots, surreptitiously, while the ballots are being
counted. A dishonest official, with a small piece of lead under his fingernail,
has sometimes been able to spoil or to “switch” ballots by marking
additional crosses on them during the process of counting. Intimidation is
the offence of influencing a voter’s action by threats or wrongful pressure.
Bribery, of course, is self-explanatory. All these practices involve moral
turpitude and are forbidden under severe penalties. They have now become
relatively uncommon at American elections.[49]
Absent Voting.—It frequently happens, in the nature of things, that many
voters cannot conveniently be in their home districts on election day.
Soldiers and sailors, commercial travelers, railway conductors, engineers
and trainmen, fishermen, students in universities are obvious examples. It
has been estimated that in Massachusetts the number of voters who are
necessarily absent from their homes on election day averages about thirty
thousand. Many others, in order to cast their ballots, are put to considerable
expense and inconvenience. Now it has seemed desirable, in many of the
states, to make some provision whereby those voters may cast their ballots
without being actually at the polls on election day. The usual arrangement is
that a voter who expects to be absent on election day must apply, some time
before the election date, to a designated official for a ballot. This ballot is
then marked by the voter and sealed in an envelope. The envelope is
attested before a notary public and deposited with an election official who
sees that it is counted when other ballots are counted. In some states the
blank ballot is sent by mail to absent voters who request it, and after being
marked the ballot is returned by mail before the election day. The chief

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objection to absent voting is that it gives an opportunity for fraud, but in
practice this has not proved to be a serious objection.
Compulsory Voting.—Compulsory voting does not exist anywhere in
the United States at the present time although it has been frequently
proposed. Voting has been made compulsory, however, with legal penalties
for failure to vote, in several foreign countries, notably in Belgium, in
Spain, and in New Zealand. The usual procedure is to impose a fine upon
every voter who, without good excuse, stays away from the polls on
election day, or, for repeated absences, to strike his name off the voters’ list
altogether.
Compulsory voting rests upon the argument that, in a The arguments for
democracy, the right to vote imposes a duty to vote. The compulsory voting.
citizen must serve on a jury in time of peace and in the army during war
whether he likes these forms of public service or not. Why, then, should he
be allowed to shirk his duty to vote, a duty which must be performed if
democratic government is to survive? If one voter has the right to stay away
from the polls, every other voter has the same right. And if all followed this
policy, we could not maintain a “representative” form of government. But
there is another side to the question. The voter who goes to the polls
because he will be fined if he stays away will not cast his ballot with much
discrimination, intelligence, or patriotism. Would the Are they valid?
votes of such men be worth counting? Would they contribute anything to
the cause of good government? Moreover, it has been demonstrated by
foreign experience that while you can compel a voter to go to the polls and
drop a ballot in the box you cannot compel him to mark his ballot properly,
for he marks it in secret. In one of the Swiss cities some years ago it was
found that the chief result of compulsory voting was to induce many
hundreds of reluctant voters to drop blank ballots in the box. It can well be
argued that voting is a duty, but it is a duty which ought to be performed
from motives of patriotism and not from dread of the penalties. Most
citizens do not require compulsion and it is questionable whether forcing
others to vote would, in the long run, serve any useful purpose.
Voting by Machine.—In some cities of the United The merits and
States the experiment of permitting the voter to record defects of voting
machines.
his choice by means of a voting machine has been tried
with varying degrees of success. A voting machine is constructed upon
much the same principles as a cash register. The keys bear the names of the

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various candidates and the voter merely steps behind a curtain where he
presses one key after another just as he would mark crosses on a printed
ballot. The mechanism is so arranged that a voter cannot press two keys
which register for the same office. The voting machine plan has some
distinct advantages in that it does away entirely with the trouble and
expense of printing ballots; it eliminates spoiled ballots, it precludes all
chance of tampering with the votes, and it ensures an accurate count. On the
other hand the machines are expensive both to install and to maintain,
particularly when several machines are needed for each polling place.
Moreover, like all other complicated mechanisms, they get out of order, and
when they do this on election day it makes a bad mess of things. It is
doubtful whether they will ever supplant the printed ballot plan of voting.
Summary.—In order that any systems of popular voting shall be
permanently successful it is necessary that the ballot shall be simple,
intelligible, and secret. It must not be so long as to bewilder the voter of
average intelligence, and it ought to give the voter a reasonable chance to
“split” his ballot without running a serious risk of spoiling it. A short ballot
is a far more effective instrument of democracy than a long ballot. Another
essential is that the polling place shall be adequately safeguarded against
fraudulent practices of any sort and that the counting of votes shall be
conducted with absolute honesty. Any corrupt practice in connection with
elections is a blow at the very heart of democracy. We hear a good deal,
from time to time, about unfairness, fraud, and corruption at elections in the
United States, particularly at elections in the larger cities. While these
things occur now and then they are much less frequent than they used to be.
American elections, taking them as a whole, are conducted with as much
fairness and honesty as the elections which are held in any other country.
Rival parties and candidates try hard to win; they seize every opportunity to
gain political advantages over their opponents, and in so doing often travel
very close to the line which separates right from wrong; but on the whole
they try to keep within the letter of the election laws. Transgressions of the
law may bring some temporary success but in the long run they do not pay,
and the politicians know it.
General References
F. A. Cleveland, Organized Democracy, pp. 130-191;
P. O. Ray, Political Parties and Practical Politics, pp. 109-164; 298-321;
W. B. Munro, The Government of American Cities, pp. 102-152;

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C. L. Jones, Readings on Parties and Elections, pp. 212-250;
A. N. Holcombe, State Government in the United States, pp. 143-164;
K. H. Porter, A History of Suffrage in the United States, pp. 20-46 and passim;
W. W. Willoughby and Lindsay Rogers, Introduction to the Problem of Government, pp. 107-126
(Popular Government).

Group Problems
1. The direct primary: is it a success? Earlier methods of nomination. Evils of the caucus and
convention. Why the direct primary was established. The different types of primary. Effect of the
primary on the party system. Has it curbed the power of the bosses? Cost of the primary system.
Percentage of votes polled at primaries. Has the primary secured better candidates? Can it be
improved? Probable effects of the pre-primary informal convention. If not the primary, what then?
References: C. E. Merriam, Primary Elections, pp. 117-132; 133-176; F. W. Dallinger,
Nominations for Elective Office in the United States, pp. 95-126; R. S. Boots, The Direct Primary in
New Jersey, passim; F. A. Cleveland, Organized Democracy, pp. 228-242; A. N. Holcombe, State
Government in the United States, pp. 182-204; C. G. Haines and Bertha Haines, Principles and
Problems of Government, pp. 137-150; C. L. Jones, Readings on Parties and Elections, pp. 53-79; P.
O. Ray, Political Parties and Practical Politics, pp. 140-164; A. B. Hall, Popular Government, pp.
45-97.
2. How can the ballot be improved? References: E. C. Evans, History of the Australian Ballot in
the United States, pp. 17-47; R. S. Childs, Short Ballot Principles, passim; F. A. Cleveland,
Organized Democracy, pp. 262-272; C. A. Beard, American Government and Politics, pp. 474-487;
P. S. Reinsch, Readings on American Federal Government, pp. 364-383; C. G. Haines and Bertha
Haines, Principles and Problems of Government, pp. 151-166; A. B. Hall, Popular Government, pp.
242-269; Cyclopedia of American Government, Vol. I, pp. 100-104.
3. Proportional representation in theory and in practice. References: J. R. Commons,
Proportional Representation, pp. 99-131; W. W. Willoughby and Lindsay Rogers, Introduction to
the Problem of Government, pp. 263-275 (also Appendix iii); Massachusetts Constitutional
Convention, 1917-1918, Bulletins, No. 28 (Proportional Representation); American Proportional
Representation League, Pamphlets, especially Nos. 6 and 8. (The headquarters of the League are at
Haverford, Pa., and material relating to proportional representation can be had on application.)

Short Studies
1. The gradual extension of the suffrage in the United States. F. A. Cleveland, Organized
Democracy, pp. 130-150.
2. Who have the right to vote in European countries? F. A. Ogg, The Governments of Europe
(see index).
3. Qualifications for voting in the different states. World Almanac, 1918.
4. How American elections are conducted. A. N. Holcombe, State Government in the United
States, pp. 205-239.
5. How voters are enrolled. F. A. Cleveland, Organized Democracy, pp. 220-227.
6. The preferential ballot. Massachusetts Constitutional Convention, 1917-1918, Bulletins, No.
27 (Preferential Voting). (See also National Municipal Review, Vol. I, pp. 386-400, July, 1912.)
7. The short ballot. R. S. Childs, Short Ballot Principles, especially pp. 21-30; P. S. Reinsch,
Readings on American State Government, pp. 372-383.
8. Compulsory voting. Massachusetts Constitutional Convention, 1917-1918, Bulletins, No. 24
(Compulsory Voting).
9. Corrupt practices at elections. C. L. Jones, Readings on Parties and Elections, pp. 202-302.

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10. Are elections as fairly conducted in the United States as in other countries? Charles
Seymour and Donald O. Frary, How the World Votes (see index).

Questions
1. Is the right to vote a natural right or merely a privilege conferred by the state?
2. Who have the right to vote at elections in your state? Who are excluded? In order to vote, how
long must one reside in your state? Your county? Your precinct?
3. Who enrolls voters in your community? When and where do they enroll voters? What evidence
must you supply in order to be enrolled?
4. Make a diagram of a polling place showing its interior arrangement, the booths in which voters
mark their ballots, the location of the ballot box, etc.
5. What are the different forms of primary and which form do you think is the best (a) for state
nominations; (b) for local nominations?
6. What effects would the use of the short ballot have upon (a) the efficiency of government; (b)
popular interest at elections; (c) the quality of the officials chosen?
7. Explain the difference between preferential voting, proportional representation, limited voting,
and cumulative voting.
8. Explain the difference between corrupt and illegal practices at elections. Make a list of each.
9. What are some of the reasons why so many voters stay away from the polls on election day? Are
the following excuses valid: “I do not approve of either political party”; “My vote doesn’t count for
anything”; “I am too busy”; “I am not interested in politics”; “It is a rainy day and I might catch
cold”; “I have an engagement to play golf”; “The polling place is too far away”; “I do not think any
of the candidates worth voting for”?
10. What are some of the practical objections to making voting compulsory?

Topics for Debate
1. There should be an educational test for voting.
2. The failure to vote, in the absence of a valid excuse, should be punished by some appropriate
penalty.
3. There should be a limit on the amount of money that may be legally spent by candidates in
election campaigns.

GOOD ADMINISTRATION

By Elihu Vedder
From a mural decoration in the Library of Congress.
Good Administration, with benign countenance, sits upon
her throne, a perfect arch above her head. As the strength of
an arch depends upon all its parts equally, so the
maintenance of a strong and efficient administration depends
upon the co-operation of all elements among the people. In
her right hand Good Administration holds evenly the scales
of justice; her left hand rests upon a quartered shield to

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indicate the fair balance of all parties and classes. On her lap
is the book of the law. At her feet, on either side, is an urn.
Into one of these urns a maiden is winnowing wheat drawn
from the waving fields in the background. The people also,
in choosing their public officials, should winnow well. Into
the other urn an eager youth, with books of knowledge under
his left arm, is casting his ballot.
Mr. Vedder has also executed for the Library of Congress
a companion figure portraying Corrupt Administration. She
holds the scales, unevenly balanced, in her left hand. A
seeker of special favors is placing a bag of gold in the
scales; he has seized the book of the law and upset the ballot
urn.

GOOD ADMINISTRATION. By Elihu Vedder

From a Copley Print, copyright by Curtis & Cameron, Boston. Reproduced
by permission.

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CHAPTER VIII
POLITICAL PARTIES AND PRACTICAL POLITICS

The purpose of this chapter is to describe how political parties are organized, what they do,
and how they do it.

Why Political Parties are Formed.—Whenever Parties are natural
people are in control of their government, political groups.
parties are certain to be formed. No popular government has long continued
anywhere in the world without political parties. The reason for this is that
whenever any group of people find that they have the same opinions or the
same interests they desire to act together. If people are interested in music
they organize an orchestra or a choral society and arrange concerts. If men
are interested in trade, they organize themselves into a board of trade to
promote their mutual interests. Workmen associate themselves together in
labor unions; boys who are interested in athletics organize clubs; men who
have been in the military and naval service associate themselves together in
the American Legion, and so it goes. People who have the same opinions,
desires, ideas, and interests tend to group themselves together, which is a
perfectly natural thing for them to do.
Now large numbers of men and women have identical political opinions
(or think they have) and this community of interest draws them together
into groups. Such groups we call political parties. The Republican party is
made up of men and women who believe in certain political principles
which are set forth in the party platform; the Democratic party is made up
of those who hold a different set of opinions. Whenever a large body of
people wish the government to do something which is not already being
done they soon find that the best way to achieve their end is to organize.[50]
The Aims of Political Parties.—Every political Their first aim is to
party has two aims. The first is to get control of the win elections.
government; the second is to carry out its own policy by means of this

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control. To do this they must nominate candidates for office, raise funds for
carrying on a campaign, and work to elect their men. It is only by electing
their own candidates for office that they can accomplish the ends for which
they are organized. An army does not exist merely to teach men drill or
discipline. Its chief aim is to win victories. Drill and discipline are merely a
means to this end. So with a political party. Its organization, leaders,
campaign work, and all other activities have one purpose in mind, namely,
to win victories at the polls. Then, when the party has elected its candidates
and obtained control of the government it can carry its program into effect.
Occasionally a party secures its chief aim without gaining control of the
government, as the Prohibition party did in 1920.
Definition of a Political Party.—Having seen why But the aim of a
political parties are formed and what they aim to do we political party is not
altogether selfish.
are now in a position to frame a definition. A political
party is a group of men and women who think alike on public questions and
have joined themselves together in order to gain control of the government
so that they can carry their opinions into practice. The aim of a party is not
always selfish, however, as this definition might imply. Most members of a
political party believe that in endeavoring to get control of the government
they are promoting the public interest. Their aim is to bring into operation
certain policies which they believe will benefit the whole people. The
Democratic party urged a revision of tariff ten years ago because its
members believed that lower duties on imports would help the United
States as a whole and not because the Democrats, as distinct from the
Republicans, would derive the whole advantage. The Republicans, for their
part, have favored high duties on imports because they believe that
American industry ought to be protected against foreign competition. Both
parties seek to promote the general interest, but in different ways.
Party Divisions Tend to Become Permanent.— Habit is an important
Parties are originally formed to promote a particular factor in party
strength.
policy, but when they have gained control of the
government and have put their program into practice they do not go out of
existence. They continue, and people remain members of the party, largely
from force of habit. Each party takes up new ideas, gains some new
members and loses some old ones. The mill keeps on turning although new
forms of grist are brought to be ground and new workmen guide the wheels.
Men and women who reach voting age join one or another of the parties,

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sometimes because they are influenced by its principles, more often because
their parents have belonged to that party. Thus it happens that over long
periods of time a party may remain strong among the people in one section
of the country and weak in another. The reason is not that the party’s policy
at the moment happens to be popular in one area and unpopular in the other.
Habit influences people in politics as in everything else. When a man has
voted several times with one political party he is not likely to desert it even
though the party’s program changes. Not only that but his sons and
daughters will probably join the same political party. Pennsylvania has gone
Republican at every national election for more than sixty years although a
wholly new set of voters has grown up; Texas on the other hand has never
failed to support the Democratic ticket for just as long a period. The whole
of the “Solid South”, in fact, goes Democratic with unfailing regularity, and
has done so ever since the Reconstruction. A political party thus retains a
strong hold upon large bodies of voters, old and new, even though it may
change its policies from time to time.
The Functions of Political Parties.—Could we get The active work of
along without parties? Perhaps we could, but American parties.
government would have to be carried on very differently if parties did not
exist. If you watch an election campaign, you will notice that several things
happen in the course of it. First, there is a great deal of public discussion
about candidates. Then, some time before the election, candidates are
nominated. Platforms are drawn up stating the things which each candidate
favors. The candidates, together with other speakers, go out and make
addresses; pamphlets are distributed broadcast giving reasons why people
should vote for one candidate or the other; meetings and rallies are held in
halls and on the street corners; the newspapers print the arguments on the
respective sides; the people are worked up to a white heat of enthusiasm;
and finally, on the day of election, the issue is decided.
Now how would all this be done if there were no political parties?
Candidates cannot be nominated without organized effort; platforms do not
make themselves; the people cannot be stirred to an active interest on one
side or the other except by a vigorous campaign; without parties, indeed, an
election would be a very dull and uninteresting affair.
The conclusion is, therefore, that political parties Parties perform three
have various definite functions to perform, and these important functions:
may be summarized under three heads. First, they nominate candidates and

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tell the people about them. This information is given in 1. They nominate
their platforms, of which more will be said a little later. candidates
platforms.
and frame

Second, they rouse public interest They rouse interest
by their rallies, their pamphlets, among the voters.
circulars, articles in newspapers, and posters, as well as by personal
canvassing. This rousing of the voter is very important, because most men
and women are chiefly concerned with their own business and personal
affairs. Even after all these methods of getting them interested have been
used it will be found that two or three voters out of every ten have failed to
go to the polls on election day. What would happen if there were no rallies,
circulars, canvassers, and all the rest? In that case most of the voters would
probably manifest no interest at all, and the election would be decided by a
small portion of the people. Third, the parties provide a 3. They bring the
chain which holds the various officers of the various branches of
government into
government to a joint responsibility. We elect a great harmony.
many public officers to perform different functions.
Members of the legislature are elected to make laws; governors and other
state officers to administer these laws; and judges to help enforce them. To
get the best results all three groups of public officials must work in
harmony. But if each were elected independently and without any reference
to the others, there would be little chance of their working together. When
they do work together it is because they have been elected to carry out a
common policy. This is the chain which holds them together—allegiance to
the same political party. If every public official followed his own ideas, we
should have one set of men making the laws and another set of men
throwing obstacles in the way of their enforcement.[51]
If there were no political parties, something else would have to be
organized to take their place. The things which the party does must be done
somehow. We cannot have democratic government unless candidates are
nominated, platforms framed, public interest aroused, and officials
encouraged to work together in a common cause. Political parties do not
always perform these functions well, but what sort of organization would be
likely to manage them any better?
When and How did Political Parties Begin?—It is The political
difficult to say how or when political parties originated. “factions”
days.
of early

Someone once remarked that even at the time of the
Flood there were two political parties, namely, the Deluvians and the

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Antedeluvians. John Adams declared that “parties began with human
nature”. In a sense he was right. Anyone who has read Roman history will
remember the long and bitter struggle between the patricians and the
plebeians. The Guelphs and Ghibellines of the Middle Ages were political
parties although their rivalry often assumed the form of open warfare. The
Cavaliers and Roundheads of Cromwell’s time armed themselves and
fought for the control of the government with muskets and sabres, not with
ballots. They were parties, dynastic parties. But the violent conflict of
parties eventually gave way to orderly contests at the polls, and men found
that they could belong to different political parties without thereby
becoming personal enemies of one another. So Whigs and Tories arose in
England before the American Revolution, and corresponding groups were
to be found in the thirteen American colonies.
But the real history of political parties in the United The first American
States did not begin until after the adoption of the parties.
constitution, when Hamilton and Jefferson became leaders of opposing
elements among the people. Hamilton and his followers, the Federalists,
desired to strengthen the central government; Jefferson and his supporters,
calling themselves Democratic-Republicans, desired to keep the central
government weak and to place the balance of power in the hands of the
states. In the end Jefferson’s party obtained the upper hand, but by having
things too much its own way finally lost its solidarity and split into several
factions. Party politics gave way for a time to personal politics, the voters
ranging themselves behind leaders rather than principles; but presently the
various factions consolidated into two parties known as Whigs and
Democrats. The Whig party eventually went to pieces and in its place arose
the Republican organization which elected Lincoln in 1860. Since that date
the Democrats and Republicans have continued to be the two leading
parties.
What the Leading Political Parties Stand for.— The distinction
The general ideas upon which the members of a between principles,
policies, and issues.
political party agree are incorporated into its platform
and are commonly known as the party’s principles. For example, a party
may pledge itself to the principle of promoting foreign trade, or conserving
the natural resources of the country, or keeping aloof from the affairs of
Europe. The methods by which these principles are to be carried into effect
constitute the party’s policy. The principle of promoting foreign trade, to

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take an example, may be carried into effect by lending money or credit to
exporters, as was done after the World War. But the different parties do not
usually agree upon either principles or policy, and this divergence gives rise
to party issues or points of conflict between the parties.
It is not easy to set forth in concise form the principal issues. During the
campaign of 1916 the attitude of the United States towards the great
European conflict was the pivot of attention; in 1920 the question whether
America should or should not enter the League of Nations crowded most of
the other issues into the background. The main planks in party platform
change from one election to another.[52] During the past twenty years the
platforms of both parties have dealt with a wide variety of matters; but the
disagreement between the two parties has not always been clean-cut and in
some cases it has left the voter little to choose between them. On some
matters the two leading platforms are openly opposed; on others they are
very much alike, and on some others, again, they are so ambiguous that it is
difficult to tell just where they differ. As a practical matter it is not always
wise to take an absolutely definite stand in the party platform, for
conditions may change and by so doing place the party in the position of
having pledged something which ought not, in view of the changed
conditions, to be carried out.
The Minor Parties.—Americans, on the whole, have accepted the two-
party system. The great majority of voters are either Republicans or
Democrats. Nevertheless the platforms of these two parties never suit all the
people and the result is that minor parties, or “third” parties as they are
sometimes called, come into existence from time to time. During the past
hundred years a dozen or more of these minor parties have been formed but
with two or three exceptions they have soon melted away.[53] These
exceptions are the Prohibition party, which was organized in 1872 for the
purpose of securing the complete suppression of the liquor traffic in the
United States. The adoption of the Eighteenth Amendment gave this party
the chief thing that it had been contending for, but it has not yet gone out of
existence. The Socialist party is the other example of a “third party” which
has continued to be active for a considerable period.
In the United States minor parties do not usually live Why “third parties”
long. Very few of them survive a dozen years. There are rarely survive.
reasons for this. In the first place the Democrats and Republicans are
constantly adapting their platforms to the needs of the country. When any

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movement among the people becomes strong enough, one of the leading
parties takes it up. If large numbers of voters, for example, should desire the
abolition of divorces, one of the political parties would soon put an “anti-
divorce plank” in its platform, and would thereby prevent any new party
from making much headway on that particular issue. In the second place the
American voters, taking them as a whole, have become accustomed to the
two-party system. Very few of them are willing to forsake the old party
organizations without strong reasons for doing so. When they do,
temporarily, as a great many Republicans did in 1912 and a great many
Democrats in 1920, they usually drift back again before very long. A new
party, moreover, is difficult to organize and expensive to maintain. It has no
chance to win the election and most people do not care to belong to an
organization which never wins. So the easiest way to get new things
adopted in public policy is to persuade one of the leading parties to
champion them.
The Socialist Party.—Among the “third parties” The Socialist
which exist at the present day the Socialist party is the platform.
strongest. It has a program widely different from that of either the
Republicans or the Democrats. The Socialist party is organized to promote
the public ownership of railroads, telegraphs, telephones, mines, forests,
factories, and all other such economic instrumentalities. In addition to its
economic program the Socialist party advocates the adoption of various
political changes such as the abolition of the United States Senate, the
election of all judges for short terms, and the abolition of the Supreme
Court’s power to declare laws unconstitutional. In point of strength at the
polls the Socialist party stands far below either of the two leading parties. It
is much weaker in the United States than in the various countries of Europe.
The Voter’s Relation to Parties.—So long as Is “independence” a
political parties are essential in representative virtue?
government, and so long as they perform useful functions, it is the duty of
every citizen to affiliate with some political party if he can honestly do so.
There are times, of course, when the voter of independent views cannot
honestly support any of the existing parties. On this point every voter must
make his or her own individual decision. There is no inherent virtue in
being an “independent”; for if every voter persisted in assuming that
attitude, there would be no political parties at all, and democracy would in
the long run suffer rather than gain as a result. Most voters, as a matter of

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fact, belong to one of the leading parties and support the candidates of this
party at every election. They are commonly called the regular members of
the party. But membership in a political party does not mean that one is
under obligation to support that party under all circumstances. It is possible
to belong to a political party and yet retain a reasonable degree of
independence. A political party gains, indeed, by having in its ranks a
sprinkling of men and women who know their own minds on political
questions and will not tamely follow wherever the party chiefs may lead.
Let us remember, however, that a political party, like The need of party
an army, requires discipline and leadership for its leadership discipline.
and

success. If every soldier insisted on following his own
inclinations rather than the advice or orders of his officers, he would never
be on the winning side in any battles. So, if every voter declines to be led
by anyone’s counsel but his own, there will be no unity of party effort and
no real triumph of one set of principles over another. To secure any
substantial improvement in government, large groups of men and women
must pull together. This means that they must have a platform, an
organization, and capable leaders, which is equivalent to saying that they
must act as a political party.
Parties are What the People Make Them.—The The citizen’s duty.
choice of a political party is one of the means by which the citizen in a
democracy exercises his sovereign power. A political party is merely what
its members make it. No chain is stronger than the links which compose it;
and no political party ever represents a higher grade of intelligence or
patriotism than its members provide. If a political party becomes selfish or
corrupt, the remedy lies in the hands of the people. Honest men and women
will then desert that party; it will fail to win elections, and ultimately go to
pieces. On the other hand if a political party is honest in its principles, wise
in its policy, patriotic in its ideals, and progressive in its sympathies, it will
draw recruits from among the thousands of men and women who reach
voting age each year. It will grow in strength. The voter can best display his
zeal as a citizen by joining a party and helping to make it a power for good.
The Need for Party Organization.—Organization Organization helps to
is the watchword of every political party. Without win victories.
organization there is no chance to win elections and put the party’s policies
into operation. Very little is ever achieved in this world without
coöperation. However competent an individual may be, there are limits to

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what he can do. It is not the brilliant player that wins the game, but the
well-trained team. Napoleon Bonaparte once said that organization and
discipline counted for seventy-five per cent of victory. These things are
quite as important in politics as in war.
Organization, in party politics, involves three things, leadership,
coöperation, and money. No party is well-organized unless it possesses all
three. For this reason every strong political party uses care in selecting its
leaders, builds up a system of party conventions and party committees, and
raises campaign funds to pay the necessary expenses of its work.
Local Party Organization.—Let us see how this organization is
effected. Beginning at the bottom each party has its local committees. These
committees are generally chosen by the voters of the party at the primary
elections, and they have charge of the party interests in the town or
township, county or district, as the case may be. In the large cities there is a
committee for each ward and a general committee covering the whole city.
These local committees arrange for political meetings in their own
neighborhood and help to bring out the voters on election day. They work in
harmony with the state committee.
State Party Organization.—Next come the state organizations. The
party organization in the states consists of a state central committee and a
state convention. The members of the state committee The state committee.
are sometimes elected by the voters in the various congressional or state
senatorial districts; sometimes they are named by the county conventions,
and occasionally they are chosen by the state convention. The committee’s
functions are to issue the call for conventions (or in some states for
primaries), to raise and spend the campaign funds in state elections, to
arrange the plans for the state campaign, and to supervise so far as
practicable the work of the local committees. The state The state convention.
convention is made up of a large body of delegates who are directly elected
by the party voters or chosen by the district or county conventions. It meets
a short time prior to each state election and one of its chief duties is to
prepare the party’s platform.[54] Each political party holds its own
convention.
National Party Organization.—In the early years of The national
the Republic, candidates for the presidency were convention.
nominated by congressional caucuses, that is, by meetings of the party’s
representatives in Congress. But this method was discarded about 1824 and

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in due course national party conventions were called to make these
nominations. At present these national conventions meet every four years,
during the summer preceding the presidential election. Republicans,
Democrats, Prohibitionists, and Socialists all hold their own conventions. In
the case of the two leading parties the conventions are made up of delegates
from every state and territory, these delegates being directly chosen at
primaries or named by the state conventions. The national conventions
choose the candidates for the presidency and the vice presidency. They also
frame the party platforms, this work being done through committees.
The chief permanent organ of each party is a national The national
committee made up of one member from each state, committee.
who is either chosen by the voters at the primary election or selected by the
delegates from the state to the national convention. The national committee
chooses its own chairman, who has general charge of the party’s interests in
the campaign; but in making its choice the national committee usually
defers to the wishes of the party’s presidential candidate.
How the National Party Convention does its Work.—The national
party conventions usually meet in some large city, such as Chicago, St.
Louis, Baltimore, or San Francisco. An enormous The convention hall.
auditorium is needed for the gathering because a national convention
consists of nearly a thousand delegates and an equal number of alternates.
Among bodies which have to do with government the national party
convention is the largest in the world. The delegates are seated by
alphabetical order of the states, Alabama first and Wyoming last, each state
having its delegates grouped together. Large placards or banners show
where each state is placed. The delegates are arranged What a national
in the front part of the hall, the alternates in the rear. convention is like.
Whenever a delegate leaves the auditorium an alternate goes forward to sit
in his place. The galleries are filled with spectators and there is a huge
bustle going on all the time. It is hard for the speakers to make themselves
heard, as only a thunder-voiced orator can make his words rise above the
din which goes on continually. At times, when a popular candidate appears,
there is a general pandemonium. A band starts around the aisles, playing as
it goes. Delegates fall in behind the band, cheering and shouting. For half
an hour, perhaps longer, this racket continues. Then the noise subsides and
the convention gets back to its work—until the next commotion begins.
The balloting.

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After various names have been proposed, the convention begins to ballot.
If no candidate receives a sufficient majority, another ballot is taken. In the
Republican convention the successful candidate must get a majority of all
the delegates; in the Democratic convention the requirement is two thirds.
When there are several candidates in the running, many ballotings are
sometimes required. Day after day the voting goes on, if necessary, until
somebody wins.[55] The weaker candidates drop out; the stronger ones keep
gaining, until finally the fight narrows down to two or three and the victor
emerges. Then the tired delegates rush through the remaining business and
start for home.
The Party Machine.—The active workers in these Reasons for the
conventions and committees make up what is called the existence
machines.
of

“machine”. It is called a machine because all its parts
work smoothly together in the effort to obtain the desired result, which is to
win the election. There are party organizations in other countries, but party
“machines” exist only in the United States. Various reasons account for this.
One is the frequency of elections, which creates a class of professional
politicians. There are more elections in the United States than in any other
country. Another reason is the organizing power of the American people,
and the zeal with which they throw themselves into an election campaign.
The practice of giving the appointive offices to leaders of the victorious
party also has something to do with it. Many men give their time and
energy to electioneering because they expect to get favors in return.
The function of the “machine” is to serve the party, and through the party
to serve the people. But the “machine” often goes beyond this purpose. Its
leaders, finding themselves in control of great power, How they lead to
are tempted to use it for their own personal profit and abuses.
advantage. They become arbitrary, dictating what shall go into the party
platform and who shall be nominated. The party leader who does this
becomes a party “boss”, and when groups of bosses control the party they
are commonly known as “rings”.
Rings and Bosses.—The “boss” in politics is just What is a “boss”?
like any other kind of boss. His will is law, so far as all his underlings are
concerned. The difference between a party leader and a party boss is that
the leader is chosen by the free action of the party and exercises his
functions openly, while the boss usurps the control of his party and utilizes
it for his own ends without assuming any open responsibility. The leader

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leads and the boss drives. Party leaders are necessary to Why bosses are
good party organization, but the party “boss” is a dangerous.
menace to the best interests of the party and to the cause of honest
government. Great power must sometimes be placed in the hands of one
man; but care should be taken that every man who wields great power in a
democracy is made responsible for the use of this authority. Power, when
checked by responsibility, is not dangerous. A party “boss” is dangerous
because he has the power and abuses it. He controls a great “machine”
without being accountable to anybody even when he directs it against the
public interest. He gives favors to his friends and the public pays the bills.
Rings are groups of bosses and are more dangerous How “rings” are
because they are stronger. Four or five unscrupulous formed.
men working together are stronger than one working alone. So when bosses
unite, they are often able to nominate whomsoever they please and to secure
the election of incompetent or supine men. Rings and bosses operate largely
in city and state government because the opportunity to gain control there is
much greater than in national affairs. The smaller the election district, the
more chance the boss has for making himself the master of it. The people as
a whole cannot spend much time over politics; the boss is always at work,
from one end of the year to the other. He makes friends with everybody
who can help him. He is always ready to do favors. Then, when election
day comes, he expects his friends to stand by him.[56]
How Parties are Financed.—The work which Party revenue.
political parties do, such as holding conventions, framing platforms, and
conducting a campaign requires a great deal of money. Expenses that are
necessary and quite legitimate have to be met. No organization can hold
together on an empty pocketbook. So money has to be obtained, and the
only way of raising it is by voluntary contributions, for the political parties
have no right to tax anyone. Where does the money come from? It comes
largely from members of the party who respond to the call for subscriptions
sent out by their leaders. People who are well-to-do often give considerable
sums although party leaders feel that it is not good policy to accept very
large contributions from any one man because this may give rise to a
suspicion that the subscriber hopes to get some political favor in return. The
party leaders prefer to obtain the essential funds from a great multitude of
small donors who prove their loyalty to the party in this way. A national
campaign costs each of the chief parties a large sum, Party expenditures.

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several million dollars nowadays.[57] State and local campaigns cost a great
deal less. The money is spent for the publication and mailing of campaign
literature, for the traveling expenses of speakers, for hire of meeting-places,
and for a great many other things which go to make up an election
campaign.[58] The speakers and the party workers usually give their services
freely, but the party must furnish the money to defray their expenses.
The Reform of Party Organization.—It will be seen, therefore, that
although political parties are necessary and useful organizations in a
democracy, they often develop serious abuses when left free from official
control. For this reason the organization and work of the political parties
should be regulated by provisions of law. Such provisions have already
done much to eliminate boss rule and to improve the party system. Some
people feel that political parties ought to be abolished altogether but that
suggestion is impractical. The abolition of parties would not make
government any more democratic, or more honest, or more efficient. The
work which the parties now perform must be performed by some
organizations of voters, somehow, and if parties were abolished something
similar under a different name would have to be created to do this work.
What we need is not the abolition of parties but the Parties must not be
improvement of party organization and party methods. abolishedimproved.
but

Realizing that parties can be useful we should give
them scope for usefulness but restrict their opportunities for evil. This is
what the laws are now doing. They aim to make party leaders responsible,
to make party nominations fair, and to make party finance honest.
General References
P. Orman Ray, Political Parties and Practical Politics, pp. 3-12;
A. Lawrence Lowell, Public Opinion and Popular Government, pp. 57-85;
James A. Woodburn, Political Parties and Party Problems in the United States, pp. 465-470;
M. Ostrogorski, Democracy and the Organization of Political Parties, pp. 225-281;
W. B. Munro, Government of the United States, pp. 312-356;
Moorfield Storey, Problems of Today, pp. 1-53;
W. W. Willoughby and Lindsay Rogers, Introduction to the Problem of Government, pp. 127-
150.

Group Problems
1. The political doctrines of leading American statesmen: Hamilton, John Adams, Jefferson,
Jackson, Calhoun, Clay, and Webster. References: Cyclopedia of American Government, passim; C.
E. Merriam, American Political Theories (see index).
2. Minor political parties—their rise and fall. References: James A. Woodburn, Political
Parties and Party Problems, pp. 133-148; P. Orman Ray, Political Parties and Practical Politics, pp.

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40-68; F. E. Haynes, Third Party Movements Since the Civil War, pp. 221-260; E. B. Stanwood,
History of the Presidency, passim.
3. The organization of political parties in a typical state of the Union. Jesse Macy, Party
Organization and Machinery, pp. 96-132; James Bryce, American Commonwealth, Vol. II, pp. 76-
81; W. B. Munro, Government of the United States, pp. 483-487.
4. The national party conventions. C. A. Beard, American Government and Politics, pp. 166-
172; P. S. Reinsch, Readings on American Federal Government, pp. 826-845; P. Orman Ray,
Political Parties, pp. 145-167; J. A. Woodburn, Political Parties, pp. 165-214; F. W. Dallinger,
Nominations for Elective Office, pp. 74-92; C. L. Jones, Readings on Parties and Elections, pp. 80-
105; T. H. McKee, National Conventions and Platforms, passim; E. B. Stanwood, History of the
Presidency, passim.
5. The platforms of the various parties in 1920: an analysis and comparison. World Almanac
(1921). Also the Campaign Text Books issued by the party organizations.

Short Studies
1. Campaign methods. P. O. Ray, Political Parties, pp. 255-267.
2. Party loyalty and political independence. J. A. Woodburn, Political Parties, pp. 295-303.
3. The Progressive Party: its history and platform. S. J. Duncan-Clark, The Progressive
Movement, passim.
4. Tammany Hall. Gustavus Myers, History of Tammany Hall, pp. 267-298; Encyclopedia
Americana, Vol. XXVI, pp. 235-237.
5. The boss as a personality. M. Ostrogorski, Democracy and Political Parties, pp. 250-263.
6. The Tweed Ring. J. F. Rhodes, History of the United States, Vol. VI, pp. 392-411.
7. How the machine works. Theodore Roosevelt, Autobiography, pp. 61-101; 144-184; 185-
222.
8. The nationalizing influence of parties. Henry J. Ford, Rise and Growth of American Politics,
pp. 150-161.
9. Municipal political parties. M. R. Maltbie, in Proceedings, National Municipal League, VI,
pp. 226ff.
10. The reform of party organization. F. A. Cleveland, Organized Democracy, pp. 228-261.

Questions
1. Can you improve the definition of a political party given in this chapter?
2. Among the various functions of political parties which do you consider the most important, and
why?
3. Why do political parties refrain at times from making their platform pledges more definite?
What new proposal would you like to see inserted in a party platform?
4. Account for the fact that constitutional questions played a more important part in American
politics prior to 1860 than since that date.
5. Give brief sketches of the Federalist, Democratic-Republican, and Whig parties and their work
before the Civil War.
6. Explain why the “mortality rate” among “third parties” has been so high. Account for the fact
that some of these parties have survived a considerable period of time while others have not.
7. Make an outline showing the type of party organization used in your own state.
8. Prepare a list of things for which money can be legally expended by political parties during an
election campaign.
9. If you were a voter, to which political party would you belong? Give your reasons.
10. What are the important points to be emphasized in discussing the reform of party organization?
Name some reforms which you think would be advantageous.

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Topics for Debate
1. Municipal elections should be conducted on party lines.
2. The campaign expenses of presidential candidates should be paid from the national treasury.
3. A three-party system would be preferable in this country to the present two-party organization.

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CHAPTER IX
COUNTIES AND RURAL COMMUNITIES

The purpose of this chapter is to show how the counties, towns, and villages of the United
States are governed, who their local officials are, and what they do.

What Local Government Is.—The functions The division of
performed by governments fall into two divisions. First, governmental
functions.
there are functions which relate mainly to the life and
activities of the neighborhood, such as police administration, fire
protection, the cleaning of streets, and the care of the poor. These things can
best be managed by the local authorities. Second, there are functions of a
more general character which relate to the life and activities of the entire
state or nation, such as the regulation of the railroads, the coining of money,
the maintenance of post offices, and the control of corporations. These
functions we have committed, accordingly, to the state and national
governments. In earlier days, before industry and commerce developed so
greatly, local functions were the more numerous; but as population grows
the whole country tends to become one great community, hence many
functions formerly performed by the local authorities are being taken over
by the states and the nation. It is impossible to lay down any rule as to what
functions are local and what functions are general. A few years ago each
town and village made its own regulations concerning the speed limit for
automobiles; to-day that matter has been taken over almost everywhere by
the state authorities.
The Beginnings of Local Government in the Local government in
United States.—Local government is the oldest branch the colonies.
of government; both the state and the national government have grown out
of it. When colonists first came from England to Plymouth and
Massachusetts Bay they settled on small farms and built their houses within
short distances of one another. In Virginia, on the other hand, the colonists

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took up large plantations for the growing of tobacco and cotton; their homes
were spread over a wide area. Because of the difference in the manner of
settlement the New England colonists organized themselves into towns (or
townships) while the Southern colonists created larger units of local
government known as counties. From the Atlantic seaboard these two types
of local administration—township and county government—have spread
out over the rest of the country. In the course of this spread they have been
considerably altered from their original forms.

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County Government

The County.—Every state in the Union is now Nature of the county.
divided into counties.[59] The division is made by the state legislature, but
when county boundaries are once fixed they are seldom changed thereafter.
In the older states the counties are often small; in the newer states they
sometimes cover several hundred square miles.[60] Counties, like cities, are
public corporations, that is to say they have the right to own property, to
raise taxes, to borrow money, and to make contracts. They may sue and be
sued in the courts. But counties have no inalienable rights of their own. All
their powers are derived from the state. They are merely political divisions
of the state, created for the more convenient administration of local affairs.
In a few states the people of each county are permitted to select and
establish such form of county government as they may choose, but as a rule
the state legislature prescribes a uniform type of county government for all
the counties within the state.
The County Officers.—The chief governmental authority of the county
is the county board, the members of which are usually known as
commissioners or supervisors. These members are either directly elected by
the voters of the county or sent as representatives from the townships.
County boards may have only three members or as many as fifteen—each
state has its own regulations on this point. The board has its headquarters at
the county seat, where the county courthouse is located.
The functions of the county board may be County functions.
summarized under six heads. 1. Financial. Most county boards have the
right to levy county taxes and to make appropriations for expenditure. They
have authority from the state legislature to borrow money on the county’s
credit. This borrowing power is exercised in order to construct county
roads, build bridges, or provide county buildings. 2. Highways and bridges.
In many states all the main highways are designated as state or county
roads. The towns and townships are responsible for the construction of
minor highways only. The state roads are built by state highway
commissions or some such body; the county roads are constructed and
maintained by the county board. In some states these county roads are
numerous; in others they are very few. Main bridges, which connect two

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cities, towns, or townships, are also built and maintained by the county
board. 3. Public buildings. Every county requires certain public buildings,
including a courthouse, a county jail, a registry of deeds, a county
poorhouse, and sometimes a county hospital. These buildings are erected
and managed by the county board. 4. Poor-relief and correction. The
function of providing public poor-relief is to some extent performed by the
state and municipal authorities but a good deal of the responsibility still
rests upon the county boards. 5. Elections. In most states of the West and
South the county board has charge of the local arrangements for state and
national elections. It designates the polling places, appoints the election
officers, and provides the ballots. The county, in most of the states, serves
as the unit for the selection of senators and assemblymen in the state
legislature. 6. Miscellaneous. Finally, the county boards have sundry other
functions. Occasionally they grant charters of incorporation to companies.
In some states they construct irrigation works and arrange for the abolition
of grade crossings on railroads. They often help in the selection of jurors
and have authority to grant certain licenses.
Have County Boards been Satisfactory?—The The faults of county
work of the county boards has not received much public government.
attention in most of the states until the last few years. The county has been
called “the jungle of American politics” because the masses of the people
know so little about what is going on in the offices of the county authorities.
On the whole county government has not been conspicuously bad, but it has
been far from what it ought to be. American counties, as a rule, have been
more honestly and more economically governed than American cities. The
fundamental objection to the existing system of county government is that it
places in the hands of an elective body, the members of which are usually
chosen for purely political reasons, the performance of many difficult
executive functions. The management of finances, construction of roads,
bridges, and public buildings, the proper treatment of the poor, the sick, and
the insane are all tasks which require ability, skill, and experience. Elective
county supervisors cannot reasonably be expected to perform them well,
and this is especially the case when the nominations and elections are
dominated by professional politicians.
The County Manager Plan.—In view of the large amount of executive
work, requiring skill and experience, which is imposed upon the county
boards, and especially in consideration of the fact that this executive work

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is steadily growing, it has been proposed that the boards should confine
themselves to matters of general policy, leaving to a county manager the
entire work of actual administration. In a few counties this proposal has
been adopted. The county manager, a trained and highly-paid official, is
appointed by the county board to purchase all materials and supplies, to hire
labor, to prepare contracts for the construction of public buildings, and to
attend to all the details which arise in connection with the board’s work. In
this way, by concentrating authority in a single hand, a great deal of waste
and inefficiency is avoided. The plan is in harmony with the principle that
responsibility for purely executive work, particularly when it is of a
technical character, should be entrusted to men who have special
qualifications for performing it (see pp. 197-198).
The County as a Judicial Area.—In the County courts.
administration of justice the county plays an important part. County courts
exist in nearly all the states, and although they form an integral part of the
state judiciary they have jurisdiction over such matters within the county as
the laws may provide. Both the organization and the jurisdiction of the
county courts differ greatly from state to state. In some states each county
has its own judge; in others there is one judge for a group of counties. This
judge holds sessions in one county after another. The county court usually
hears appeals from the local courts and has original jurisdiction in cases
where a jury is in order. The probating of wills is in most cases a function of
the county court. Appeals from its decisions may usually be carried to the
higher tribunals of the state.
The Sheriff.—Every county has a peace officer His functions.
known as the sheriff, usually elected by the voters of the county. He is the
chief guardian of the law and the right-arm of the county court. Historically
this is the oldest office in the country. It goes back to the time of William
the Conqueror or earlier, when the shire-reeve was the agent of the king in
keeping law and order. Sheriffs have the right to appoint deputy-sheriffs
whose duty it is to help preserve the public peace, to make arrests, and to
serve court papers. Sometimes the sheriff and his deputies are paid regular
salaries, but more often they obtain their remuneration from fees. The
sheriff is the custodian of prisoners in the county jail; he summons the
jurors to the court sessions and carries out all the judgments rendered by the
court.

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The Prosecuting Attorney.—Attached to every Work of the grand
county court there is a legal officer who is commonly jury.
known as the prosecuting attorney or county attorney, usually elected by the
people.[61] His chief duty is to conduct prosecutions before the county court.
He investigates crimes, prepares the evidence, and usually lays the case,
first of all, before a body known as the grand jury. This jury, as will later be
explained, is selected by lot from among the voters of the county. It does
not go into the question of guilt or innocence, but merely determines
whether an accused person should be placed on trial before a trial jury in a
county court. In some states it is not necessary for the prosecuting attorney
to lay the case before the grand jury; he may merely file a sworn
declaration, called an information or complaint, stating his belief that there
is sufficient ground for placing the accused person on trial. Prosecuting
attorneys everywhere have a good deal of discretion in the way of
discontinuing or “nol-prossing” criminal cases.[62]
Other County Officers.—There are various other officers connected
with county government. The county assessors go about the county and
assess or value property for purposes of taxation. The county treasurer
receives the taxes and pays the county’s bills. The county auditors inspect
the financial accounts of all county officers. The registrar of deeds or
recorder keeps books in which all deeds and mortgages on land are entered.
[63]
The county coroner has the duty of holding an The coroner.
investigation or inquest whenever a death takes place under circumstances
which excite suspicion of crime. For this purpose he summons a coroner’s
jury of citizens to determine the facts. They do not determine guilt or
innocence, but may recommend that a suspected person be arrested and
held for trial. In some states the office of coroner has been abolished and its
functions given to an appointive official known as the medical examiner,
who is always a physician. In many counties there is a county
superintendent of schools whose duties are indicated by his title. Practically
all these officers are elected, usually for a short term of years.
Civil Service Reform in Counties.—Besides the The selection of
foregoing officers there are, in the service of county county employees.
government, large numbers of subordinate officials and employees,
including deputy-sheriffs, attendants in the jail and poorhouse, foremen on
road construction, clerks in the county offices, and so on. All of these are
still chosen, in most counties, under the spoils system. Positions on the

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county pay roll are given almost everywhere the reward of party or personal
service. The merit system of selecting subordinate officials by competitive
examination has made little or no progress in the counties of the United
States although there is no good reason why it should not be used there as
well as in the municipal, state, and national service. The county remains the
last fortress of the spoils system because the people as a whole have not
been fully awakened to the importance of its work and because the political
influences which control county government have heretofore been strong
enough to prevent the loss of patronage which the introduction of the merit
system would entail.
The Metropolitan Counties.—Special problems of Relations of county
county government arise whenever a large city spreads and city.
itself over a whole county or even over a very large portion of it. The
growth of great municipal centers during recent years has changed many
American counties from rural into urban or metropolitan areas. Examples
are to be found in New York City which includes five counties within the
city limits. The city of Philadelphia includes the whole of Philadelphia
county; Suffolk county is almost entirely covered by the city of Boston, and
the city of Cleveland contains nine tenths of the population of Cuyahoga
county. The cities are largely independent of the counties within which they
are located, but the functions of city and county government run close
together at many points. For example the sheriff of the county and the
police commissioner or police chief of the city are both responsible for the
maintenance of law and order. The result is, quite often, a duplication of
work and a waste of money. It has been proposed that the city and county
governments, in the case of metropolitan counties, should be substantially
combined to prevent this duplication. To some extent this has been done, as
in the case of St. Louis, Baltimore, Boston, and San Francisco. In other
large cities various plans for entire or partial unification are under way.
The Reform of County Government.—For the Desirable changes in
improvement of county government throughout the county organization.
country three important changes in present organization and methods seem
to be needed. In the first place some provision should 1. A centralized
be made for the better handling of executive work. As executive.
matters now stand there is no county official corresponding to the President,
the governor, and the mayor in national, state, and city government
respectively. Responsibility is scattered into too many hands. It ought to be

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centralized in a county manager or some other single administrative official.
Second, the number of elective county officers should 2. A shorter ballot.
be reduced. There is no sound reason why treasurers, auditors, and
superintendents of schools should be appointed in cities (as is usually the
case), but elected in counties. The practice of electing so many
administrative officers makes the ballot long and cumbersome; it also leads
to the choice of men who have no qualifications other than popularity. What
is even worse, it encourages frequent changes in the incumbents of these
offices and thus interferes with the efficient management of the county’s
business. Finally, the merit system could be 3. The merit system.
advantageously extended to include all subordinate county positions.

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Towns and Townships
The Areas of Community Government.—For The various units of
purposes of local administration the counties are local government.
divided into towns, townships, or county districts, but whenever any portion
of the county becomes thickly settled it is usually organized as an
incorporated village, an incorporated town, a borough, or a city. It will be
seen, therefore, that there are at least seven different units of community
government in the United States, not to speak of the special districts which
exist in some individual states. The reason for this great diversity is to be
found in the fact that the American system of local government has grown
up gradually and in each state independently. In most European countries
the system of local government is uniform; in the United States it is not.
Each state has its own system and in no two states are these systems exactly
alike. For this reason only the broad outline of the subject can be presented;
the details must be studied in the localities concerned.
The New England Town.—Among the areas of The town meeting.
community government the New England town is the oldest and the most
interesting. It is not always, or even usually, a thickly-settled place. These
towns differ greatly both in size and in population; they are usually quite
irregular in shape and may contain anywhere from a few hundred to several
thousand people. The New England town does not possess a charter of
incorporation but it has the usual corporate powers (see p. 177). The chief
governing organ of the New England town is the town meeting, an
assembly of all the voters, both men and women. This town meeting is
called together at least once a year and often three or four times. It elects
the town officers, votes the appropriations, and decides all questions of
general policy. Sometimes the town meeting lasts all day; occasionally it
continues even longer. Every citizen has the right to a voice and a vote.
During the interval between the town meetings the The selectmen.
affairs of the town are managed by a board of selectmen, composed of three
or five members, elected by the voters. The selectmen prepare the business
for the town meeting and carry out its decisions. The larger towns also
maintain various other boards, such as a school board, a water board, and a
board of health, the members being in all cases elected at the town meeting.

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Other town officials include a town clerk, a treasurer, an auditor, and a
superintendent of schools.
When towns grow large the town meeting becomes Recent changes in the
unwieldy and the system of administration by numerous system.
boards fails to work smoothly. For this reason some New England towns
have recently adopted a “limited town meeting” system, by which the
voters of the town elect delegates to represent them in the town meeting. A
few towns have also abolished the various administrative boards and have
placed town administration in charge of a town manager appointed by the
selectmen.[64]
The Township.—In the great group of Central and Middle Western
states, ranging from New York and Pennsylvania to Nebraska and the
Dakotas, the principal area of community government is the township,
although it is sometimes called the town. In the older states these townships
(or towns) are of irregular shape; in several of the newer states the so-called
“congressional” townships were laid out in uniform blocks, six miles
square. In some of the states, both old and new, the towns or townships
have town meetings, as in New England, but nowhere outside of New
England have these meetings attained any great importance. Their chief
function in the Central and Middle Western states is to elect the town or
township officers. The work of township (or town) administration is carried
on either by a board of trustees or by a single official commonly known as a
supervisor. There are also various subordinate officials, all of whom are
usually elected by the voters.
The County Districts.—In most states of the South and Far West there
are no townships. The county remains the principal area of local
government, but for the management of various community affairs the
county is divided into districts. There are school districts, road districts, and
election districts, for example. Each district has its own elective officers
who are in charge of the function for which the district was established.
The Incorporated Communities.—The vitality of Incorporated towns,
townships and district government has been weakened boroughs, villages.
and

by the practice of incorporating as a village, town,
borough, or city, any portion of the area which becomes thickly settled. The
laws of the various states usually provide that whenever any part of a
community becomes sufficiently populous a designated number of the
inhabitants may petition for incorporation. The question is then submitted to

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a vote, and if the vote is favorable, a charter of incorporation is granted. A
certain minimum of population is required; usually from two to three
hundred in the case of a village, one to three thousand in the case of a town,
and more than three thousand in the case of a city. These figures vary from
state to state. In some Western states the minimum for incorporation for a
city is only a few hundred. In any event when the place becomes
incorporated as a village, town, borough, or city it becomes separate, for
administrative purposes, from the township or district to which it belonged
and sets up a local government of its own. The nature of this government,
the officials, and the scope of their powers are all fixed by the laws of the
state. There are more than 15,000 incorporated villages, towns, boroughs,
and cities in the United States, nearly three fourths of them being places of
less than 2500 population.
The Merits and Defects of the Local Government The advantages.
System.—The most marked feature of the American system of local
government, when surveyed as a whole, is its decentralization. Nothing is
uniform throughout the country; each state follows its own plan, and
everywhere a large measure of home rule in local affairs is granted.
Contrast this with the system of local government in the French Republic
for example, where all communities, whether large or small, are governed
in exactly the same way and strictly controlled by the central authorities in
Paris. The American system has the advantage of allowing each section of
the country to adopt whatever scheme best suits its own particular needs. It
also facilitates the making of experiments in local government and through
these experiments we learn better ways of doing things. The large measure
of local home rule brings community government close to the people,
giving them control over it and responsibility for it. It fosters initiative and
tends to develop a wholesome rivalry in good work. Local government is a
fine school for the teaching of democracy.
On the other hand the American system has its The defects.
defects. So many areas of local government have been created in some of
the states that the people are over-governed. The multiplication of local
offices has led to wastefulness. Local home rule, moreover, has in some
cases been a synonym for local misrule. The result is that we have required,
during recent years, an increase in the amount of control exercised over the
government of the local communities by state and county authorities.
Townships, towns, and villages are areas of government established to meet

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local needs, but they are also the channels through which the state
authorities carry on a portion of their work. This latter phase of local self-
government should not be overlooked.
General References
Everett Kimball, State and Local Government, pp. 309-344;
Charles A. Beard, American Government and Politics, pp. 638-705; Ibid., Readings in American
Government and Politics, pp. 556-566;
James Bryce, American Commonwealth, Vol. I, pp. 596-616;
W. B. Munro, Government of the United States, pp. 535-571;
H. G. James, Local Government in the United States, especially pp. 254-299;
John A. Fairlie, Local Government in Counties, Towns and Villages, especially pp. 57-140;
American Academy of Political and Social Science, County Government, pp. 81-111; Cyclopedia of
American Government (see under County, Towns and Townships, Borough).

Group Problems
1. Should the county-manager plan be adopted? With what county functions do you now come
into contact? How important to you and to your home is the work of the county officials in the matter
of road-building, the maintenance of prisons, the care of the poor, the registration of deeds, and the
supervision of schools? Are any of these things now mismanaged and, if so, in what way can the
situation be improved? The present multiplication of county authorities. Duties of each. How these
duties are performed. The cause of waste or inefficiency. What the county-manager system aims to
do. Comparison of the city-manager and the county-manager plans. References: H. G. James, Local
Government in the United States, pp. 425-451; John A. Fairlie, Local Government in Counties,
Towns and Villages, pp. 75-94; H. G. Gilbertson, The County, pp. 151-180; “County Government”
in the Annals of the American Academy of Political and Social Science, Vol. XLVII (May, 1913);
National Short Ballot Organization, Documents on County Government; C. C. Maxey, County
Government, pp. 45-62.
2. How town government can be improved. References: H. G. James, Local Government in the
United States, pp. 254-283; C. S. Bird, Town Planning for Small Communities, pp. 311-340;
Cyclopedia of American Government (see under Towns and Townships); Annual Reports of Town
Officers.
3. What your township officials do. References: John A. Fairlie, Local Government in
Counties, Towns and Villages, pp. 164-181; H. G. James, Local Government in the United States, pp.
268-283; John Fiske, Civil Government in the United States, pp. 89-95; Everett Kimball, State and
Local Government, pp. 333-344; Annual Reports of Township Supervisor or Chairman.

Short Studies
1. The importance of local government in a democracy. A. de Tocqueville, Democracy in
America, Vol. I, pp. 74-87.
2. French and English methods of local government. H. G. James, Local Government in the
United States, pp. 1-65.
3. The county board. John A. Fairlie, Local Government in Counties, Towns and Villages, pp.
75-94; Everett Kimball, State and Local Government, pp. 317-332.
4. Politics in county government. H. S. Gilbertson, The County, pp. 43-65.
5. Where the county’s money goes. H. G. James, Local Government in the United States, pp.
232-250.
6. City and county consolidation. Ibid., pp. 437-448.

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7. A New England town meeting. John Fiske, Civil Government in the United States, pp. 16-34.
8. The enforcement of the state laws in rural communities. J. M. Mathews, Principles of
American State Administration, pp. 430-462.
9. How good planning helps the small town. C. S. Bird, Town Planning for Small Communities,
pp. 1-19; 76-99.
10. Home rule for counties. H. S. Gilbertson, The County, pp. 207-250.
11. The government of an urban county. Cook County, Board of Commissioners, A Study of
Cook County, pp. 5-21.
12. The county courts. J. W. Smith, Training for Citizenship, pp. 185-197; American Academy of
Political and Social Science, County Government, pp. 120-133; Illinois Constitutional Convention,
1920, Bulletins, No. 11, pp. 905-925 (Local Government in Chicago and Cook County).

Questions
1. Why do we need a system of local government? Suppose all the areas of local government were
to be abolished and the management of local affairs taken over by the state, what advantages and
disadvantages would result?
2. To what extent does the constitution of your state restrict the freedom of the state legislature in
interfering with local government? Are these restrictions too great? Why should not counties and
towns be given complete home rule?
3. Name the qualifications which a good sheriff ought to have. An efficient coroner.
4. Why do we need a registry of deeds? If deeds were not registered what difficulties would be
encountered? Is a deed invalid if not registered?
5. If counties were to be abolished, which of their present functions would you transfer to the state
and which to the townships, towns, or villages?
6. Why is it thought desirable that when places become thickly-settled they should be given
separate incorporation?
7. Explain how local government serves as a school for democracy.
8. What ought to be the minimum limit of population for an incorporated village, an incorporated
town, a city?

Topics for Debate
1. All county administrative officials, except the highest, should be chosen by civil service rules.
2. City and county government should be consolidated in cities like Chicago, Philadelphia,
Cleveland, and Los Angeles.

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CHAPTER X
CITY GOVERNMENT

The purpose of this chapter is to explain who the city authorities are and what they do.

What is a City?—The poet Cowper once said that To be a city a place
“God made the country and man made the town”, a must have a charter.
remark which was not intended to flatter the cities. Nor is there any reason
why life in a crowded community should particularly appeal to poets
although it may have a strong fascination for more worldly-minded men. A
large body of people living closely together, a place of busy streets and tall
buildings, a huge, noisy, jostling throng—that is the customary notion of an
American city, and on the whole it is not far wide of the facts. Not all cities,
however, are big, busy, and congested. In the entire United States there are
today about a thousand places which call themselves cities, yet more than
half of them are places of less than fifteen thousand people. In
Massachusetts no place can become a city until it has at least ten thousand
people; but in Oklahoma the figure is two thousand and in Kansas only two
hundred. A city may be anything, therefore, from a rural hamlet with only a
few hundred people to a great metropolitan community with several
millions. Size or population are not the things that determine cityhood. A
place is a city if it has been so incorporated and possesses a city charter. So
far as its government is concerned, it cannot be called a city, no matter how
populous it may be, unless it has been given a charter by authority of the
state.[65] In the West the practice has been to grant such charters to relatively
small places; in the East the requirements are more strict.

THE GROWTH OF AMERICAN CITIES
The table and diagram on the reverse of this page will
serve to make clear the phenomenal growth of American

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cities during the past hundred and thirty years. In 1820 only
one person in twenty lived in cities and towns of over 8,000
population; today nine persons in every twenty live in these
communities. The population of the whole country has been
growing steadily during the past hundred years; but the cities
have been increasing even more rapidly. These figures
should be studied in connection with the discussion on pages
184-186.
—Population in Places of 8,000 Inhabitants or More: 1790-
1920.
PLACES OF 8,000 INHABITANTS
OR MORE.
CENSUS Total Population. Number Per cent of
YEAR. Population. of total
places. population.
1920 105,710,620 46,307,640 924 43.8
1910 91,972,256 35,570,334 768 38.7
1900 75,994,575 25,018,335 547 32.9
1890 62,947,714 18,244,239 445 29.0
1880 50,155,783 11,365,698 285 22.7
1870 38,558,371 8,071,875 226 20.9
1860 31,443,321 5,072,256 141 16.1
1850 23,191,876 2,897,586 85 12.5
1840 17,069,453 1,453,994 44 8.5
1830 12,866,020 864,509 26 6.7
1820 9,638,453 475,135 13 4.9
1810 7,239,881 356,920 11 4.9
1800 5,308,483 210,873 6 4.0
1790 3,929,214 131,472 6 3.3

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Population in Places of 8,000 Inhabitants or More at
Each Census: 1790-1920.]

The Phenomenal Growth of Cities.—The Why American cities
remarkable drift of population into the cities has have grown so
rapidly.
already been pointed out. It is one of the most striking
social facts in American history during the past hundred years.[66] In the
days when the national constitution was framed there were only eight or ten
places that could be called cities and even these were, with one or two
exceptions, nothing but good-sized towns. New York, the largest of them,
had a population of less than 50,000; it has grown a hundred-fold since that
time. In Washington’s day no country had as many as fifty cities and the
largest city in the world, London, had less than a million people. The cities
counted for very little in the early days of the Republic; they then contained
less than five per cent of the national population. During the course of the
nineteenth century, however, cities sprang into existence everywhere; a
large part of the immigration poured into them; the development of industry
and commerce built them up; and today about half the people of the United
States reside in cities of all sizes. There are now more cities in America than
in any other country and more large cities. We have twelve great centers
with populations exceeding half a million,[67] while the entire British empire
(including India, Canada, and Australia) has only ten; Germany has only

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four and France has only two. At the present rate of progress the United
States in 1950 will probably contain more large cities than all the rest of the
world put together. The causes of this remarkable growth have been
indicated elsewhere and there is no need to repeat them. Factories,
railroads, and steamships have been the great factors in this urban
expansion.
Effects of City Growth upon the National Life.— Some features of city
The growth of large cities has had profound effects life:
upon American life and temperament. It has changed the whole character of
the country, its problems and its habits of mind. A century ago the United
States was predominantly an agricultural land; the great majority of the
people were engaged in earning their living from the soil. They had the
same occupation and common interests. But with the 1. Diversity of
growth of industries in cities the occupations of the occupation.
people have become diversified, and no bond of common vocation holds
the population together. The city-worker in the shops and factories is
employed at a specialized task which the division of labor assigns to him
(see pp. 44-46); he develops expertness at this one task and depends upon
others for everything else. The farmer supplies many of his own wants, but
the industrial worker depends almost wholly upon others. Among the rural
population there is a large property-owning class, men 2. The absence of
who own their farms and homes; but in the cities, strong home ties.
particularly in the larger cities, the great majority of the people live in
homes that are owned by others. In New York City seven families out of
every eight live in rented houses or apartments; in Boston four out of every
five. This tends to make the population restless; the people are constantly
moving about from one job to another and from one home to another; they
do not acquire a strong attachment to any neighborhood, as is the case in
rural districts. One result of this is that people in the crowded centers know
little about their neighbors, and strange as it may seem, the crowded
sections of the large cities are in some respects the most lonely places in the
world.[68]
The tendency of the city population is to become 3. The docility of the
absorbed in its daily work, to depend upon the people.
newspapers for its opinions and to display marked docility in obeying its
leaders. The people of the cities depend upon official or professional
organizations for pretty nearly everything: if disorder breaks out, they

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expect the police to attend to it; when they want recreation, they expect the
city authorities to provide it (by furnishing parks, playgrounds, band
concerts, neighborhood dances, and so on); the functions of the home are
largely given over to the school, the club, and the social organizations. The
city is thought to be radical; but it is radical only in spots. Its population as
a whole tends to be conservative (see p. 108, footnote).
The city is a place where extremes meet. Great 4. A place of
wealth and abject poverty exist in the cities side by extremes.
side; in the rural districts there is a closer approach to a common level. The
same is true if we compare city and country from the standpoint of
education, earning-power, obedience to law, respect for government, or any
other social feature. The city runs to extremes; it contains both the highest
erudition and the most utter ignorance; it has earners of enormous incomes
and plenty of people who can earn no incomes at all; it has reactionaries in
one quarter and anarchists in another—a strange social mosaic when you
study it and very much in contrast with the general uniformity of the rural
area.
Nevertheless, along nearly all lines of activity the 5. A place of
cities lead the nation. To say that half the people live in leadership.
cities does not tell the whole story. The influence which this half exerts is
greater than its numerical strength implies. The cities are the headquarters
of those who direct the great industries, the transportation systems, and the
banking interests of the country. The newspapers of the great cities
influence the moulding of public opinion the country over. The political
power of the cities, their influence upon every phase of public policy is very
great. Hence the character and the spirit of the cities will go far to determine
the national characteristics of the future.
The City and the State.—The inhabitants of a city The city charter.
are a corporate body with certain legal rights and privileges. These rights
are granted to them by the state in their city charter.[69] The charter is a
document having the force of law; it enumerates the powers of the city, tells
what form of government the inhabitants shall have, and determines the
duties of the various city officials. In the larger cities it is a very long
document covering a hundred printed pages or more.
How are these charters framed and under what 1. The general charter
arrangements are they granted to cities? Three or four plan.
different plans are in vogue. In some states the legislature has passed a

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general law relating to cities, and their charters are all alike in accordance
with the provisions of this law. The difficulty with this plan is that cities
differ greatly in size and in the nature of their problems. The charter that
suits one may not fit another. A seaport city, for example, needs a harbor
commission with power to license pilots and regulate the anchoring-places
of ships; but it is absurd to require, for the sake of uniformity, that inland
cities shall also have harbor boards. To render this general charter system
more flexible, therefore, some states have adopted the expedient of dividing
cities, according to their size, into three or four classes and giving a uniform
charter to all cities in the same class.[70]
A more common method is to deal with each city as a 2. The special charter
special case, giving it a charter by special act of the plan.
legislature, the result of this plan being that no two cities of the state are
governed in exactly the same way. The special charter system has the merit
of adapting the form of government to the immediate needs of each
particular city; but it places a great burden upon the legislature, for
whenever any city desires an amendment to its charter a special legislative
act is necessary. The system also encourages the legislature to interfere in
city affairs, making changes in city charters on its own initiative without
any request from the citizens. This is particularly objectionable because so
many members of the legislature come from rural districts and consequently
have little or no knowledge of the city’s problems.
Municipal Home Rule.—In order to diminish this 3. Home rule charters.
interference by the legislature many states have made provision for
municipal home rule. This is a plan whereby cities make their own charters
just as states frame their own constitutions. The methods by which they do
this vary somewhat from state to state but everywhere the main idea is the
same. The voters of the city elect a charter commission, or board of
freeholders as it is sometimes called. This miniature constitutional
convention, made up of perhaps fifteen or twenty members, proceeds to
draw up the provisions of a new city charter. When their work is finished
they submit it to the people of the city at an election and if the people
approve it, the charter goes into effect. In some states there are certain
formalities to be gone through after the people have voted, but the
important thing is that each city obtains, sooner or later, whatever sort of
charter its voters desire. In this way the city becomes supreme in the
handling of its own local affairs.

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But the principle of municipal home rule is subject to Difficulties connected
some important practical limitations, most of which can with the home rule
system.
be indicated by asking the question “What are local
affairs?” Where is the line to be drawn between things which concern only
the inhabitants of the city and those which affect the interests of the whole
state. At first glance it might seem as though the care of streets, the
maintenance of police, the provision of a water-supply system, and the
control of education were matters of local concern, which each city ought to
handle as its citizens deem best.
But are any of them strictly local in nature? The main streets of the city
are arteries of traffic which link up with the state highways; were it not for
the speed-limit signs, it would be difficult to tell where one class of streets
ends and the other begins. The city police enforce the state laws and it is
hardly plausible to urge that the state legislature shall have no control over
the enforcement of its own statutes. The work of the city police is not,
therefore, a matter of strictly local concern. So it is with health regulation,
water supply, education, poor-relief, and many other municipal functions.
The state cannot allow the children of any community to grow illiterate; it
cannot afford to take the risk of an epidemic through the defective care of
the public health in some negligent city; and it cannot fairly be expected to
stand by idly when a city neglects the sick or the poor because its taxpayers
wish to save money. Municipal home rule, if it were permitted to cover all
these things, would be another name for local chaos. The relations between
a city and the surrounding country are so intimate, and each depends so
much upon the other, that no rigid line of separation between local and
general interests can be drawn. To make every city a little sovereign
republic, wrapped up in its own local affairs and subject to no control from
outside, would not promote the common interests of the whole people.
Municipal home rule means in practice, therefore, Difference between
that cities shall be free to frame their own charters and the theory and the
practice of home rule.
to determine for themselves their form of municipal
government provided they do not infringe upon the general laws of the state
or detract from the authority of the state officials. This is a very broad
limitation and leaves the city a comparatively narrow field of self-
determination. Nevertheless, in spite of this limitation the home rule system
has substantial advantages. It relieves the legislature from having to do with
a multitude of local matters at every session; it helps to separate municipal

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from state politics; and it encourages the people of the city to take an active
interest in the making of their own charters.[71]
The Organization of City Government.—Twenty- The older form of
five years ago the general plan of city government, as municipal
organization.
established by these charters, was fairly uniform
throughout the country. Charters were granted in different ways; their
provisions varied in many details; but the main framework of city
government which they set up had everywhere the same general features.
This was the mayor-and-council type of government, its chief feature being
a division of powers between the mayor, who performed executive
functions, and the council, which served as a municipal legislature. In other
words the cities were governed on the same principle as the nation and the
states. Even today most of the larger cities retain this plan.
During the opening years of the twentieth century, The newer forms.
however, a new plan of city government came to the front and spread with
great rapidity through many sections of the country. This is known as the
commission system of government. Instead of dividing powers between a
mayor and council it combines them all in the hands of a small elective
board. This plan of government now prevails in several hundred American
cities, but most of them are small places.
Out of the commission plan has grown a third scheme of city government
during the past few years. This is called the city manager plan. It gives to an
elective commission or small council the general supervision of city affairs,
but entrusts to a professional administrator, or city manager, the immediate
charge of the actual work.
Let us look at these three types of city government a little more closely.
The Mayor-and-Council Plan.—Among the fifty largest cities of the
United States, the mayor-and-council system of government exists in all but
twelve. Despite the spread of the other two plans, therefore, it is still the
prevailing type of government in the more important communities. The
mayor, under this system, is the city’s chief official. He Position and powers
is elected by the people, usually for a two-year or four- of the mayor.
year term, and the election campaign is in most cities conducted on a party
basis. Occasionally men of high ability have served as mayors in various
cities, but far more frequently the position has gone to active politicians
who can be relied upon to use the powers and patronage of the office in
promoting the interests of the party.[72] The authority of the mayor is in

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general like that exercised by the governor in state affairs. He makes
appointments (which in some cases require confirmation by the council);
and he may veto ordinances or resolutions passed by the council. In some
cities he has the exclusive right to propose expenditures and in some others
his assent is necessary in all municipal contracts. He represents the city on
all occasions of ceremony and is the “first citizen” of the community. City
charters usually provide that the mayor shall be responsible for the general
observance of the laws and the maintenance of order. In a few cities he
presides at meetings of the council but for the most part he does not have
this duty. When he desires to address the council he does so by message or
written communication.
The Heads of Departments.—It is impossible, of The city’s
course, for any one official to manage directly all administrative
officials.
branches of city administration; hence the mayor is
assisted in this work by various officials and boards, such as the
superintendent of streets, the head of the police department, the water
board, and the board of health. In the larger cities the Commissioners vs.
tendency now is to put each department of boards.
administration in charge of a single commissioner rather than a board
because the members of a board are too prone to disagree among
themselves and delay business. In the smaller cities the board system is still
widely used, partly because it is less expensive. When a single official is
given charge of a department (such as police, fire protection, or streets) he
must devote his whole time to it and hence has to be paid a good salary; but
members of a board can divide the work among themselves, each giving
only part-time to it, and serving without any pay. It is questionable,
however, if this policy means any saving in the long run. When a city
attains a population of twenty, thirty, or forty thousand its administrative
work grows to a point where it requires close and skilled attention in order
to prevent extravagance and waste.
In behalf of the board system it is sometimes argued that it gives political
parties a chance to be represented, whereas a single official represents the
controlling party only. But there is no good reason why departments which
have purely business functions to perform should be influenced by party
considerations at all. The board system has some distinct advantages when
applied to such departments as schools, public libraries, poor-relief, or city
planning, where discussion and deliberation are desirable; but it does not

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work well in such departments as police, fire protection, and streets, for
these are branches of work which demand quick decisions and firm action.
There is no more reason for placing a board in charge of the city’s police
than for putting a board of generals in command of an army.
The City Council.—The city council a generation How organized.
ago was usually made up of two branches; today it is almost everywhere
composed of one chamber only. A single chamber is quite enough for all
that the council now has to do. Its members are elected, Election by wards and
sometimes by wards, sometimes at large. The objection election at large.
to the ward system is that it encourages the election of inferior men and
inspires them, when elected, to strive for the interests of their own
particular wards rather than for the welfare of the city as a whole. When
councilmen are elected at large, on the other hand, the dominant political
party is likely to elect its entire slate and control the whole council, thus
allowing the minority no representation at all. In some cities an endeavor
has been made to meet these objections by having the council chosen in part
under each plan, some councilmen from wards and some at large.[73]
The council enacts the local laws or ordinances and Its powers.
appropriates whatever money is needed to carry on the city’s affairs. No
expenditures can be made without its approval and its consent is almost
always needed before municipal debts can be incurred. Its authority was
large in earlier days when it controlled through its committees the
management of the various city departments; but with the steady growth of
the mayor’s authority the powers of the council have been diminished. It is
a legislative body, and in city government there is relatively little legislative
work to be done. The state laws cover almost everything of importance.
The chief defect of the mayor-and-council plan is its Defects of the mayor-
unwieldiness. There are too many separate authorities. and-council plan.
Power and responsibility are scattered into too many hands. When things go
wrong the council blames the mayor; the mayor blames the council; the
voters do not know who is at fault. Time is wasted and money is misspent
because independent authorities fail to agree. The political bosses take
advantage of this situation to gain their own ends by helping one side or the
other. The citizen who tries to find out the real facts has a hard time of it. It
is like threading his way through a jungle. When he has a complaint to
make he is often referred from one official to another until he loses
patience. In the largest cities the mayor-and-council plan does not operate

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so badly, because the methods of conducting business are more definitely
prescribed and the mayor is given so much power that he cannot well evade
the responsibility. It is in the smaller communities that this plan of
government obtains the least satisfactory results.
The Commission Plan.—Twenty-five years ago it How commission
seemed impossible to secure any substantial government began.
improvement in the administration of American cities. Foreign observers
spoke of city government as a “conspicuous failure”, and there was a good
deal of basis for that statement. People realized that city government had
become cumbrous and top-heavy. They saw that the system of checks and
balances, whatever its merits in state and national government, was not
working well in the cities. Yet they had grown so accustomed to the
complicated network of officials, boards, and councils that they hesitated to
sweep the whole thing away in order to put some simple form of
government in its place. So things drifted along until 1901, when the city of
Galveston, driven to heroic measures as the result of a catastrophe, installed
an entirely new scheme of government known as the commission plan.[74]
The success of this experiment was so marked that other cities became
interested and followed Galveston’s example, until today the commission
plan has been established in nearly four hundred municipalities, scattered
all over the country.[75]

THE COMMISSION PLAN
The way in which the various branches of municipal
administration are apportioned among members of the city
commission is shown by the diagram on the other side of
this page. The final administrative authority, however, is not
vested with these commissioners (or councilmen as they are
sometimes called). It rests with the commission or council as
a body. All the lines of administrative responsibility
converge inward, which is what they ought to do in any
well-organized government. Above the commission or
council stands the electorate, the whole body of voters,
which can exercise ultimate control over the whole city

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government by means of the initiative, referendum, and
recall.

The commission plan is simplicity itself. The people What the plan
elect a board or commission of five members. This involves.
commission has entire control of the city government in all its branches
with the exception of schools, which are usually left in charge of a school
board. They pass the ordinances, vote appropriations, make appointments,
and award contracts. For purposes of actual management the city’s
administrative work is divided into five general departments (public works,
public welfare, public finance, public safety, and public health, or some
other such division) and one of the commissioners takes immediate charge
of each. The final authority in all matters, however, remains with the
commission as a whole.
Its Merits and Defects.—The outstanding feature of Advantages of the
this scheme is that it lodges all power and responsibility commission system.
in one place. There is no division of authority, no checks and balances, no
complicated network of officials, boards, councils, and committees. The

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commission meets every day; does its business publicly; takes full
responsibility for its actions, and when it makes decisions sees that they are
promptly carried out. The plan is so simple that any citizen can understand
it. It is truly democratic in that the voters are enabled to enforce
responsibility when taxes are too heavy or public funds are wasted. The
commission plan tends to bring better men into office and affords them
greater opportunities for the exercise of their abilities.
The objection is made that the commission plan, by Reputed defects of
giving so much authority to a few men, may prove to be commission
government.
dangerous and result in establishing an oligarchy. But
the commissioners, like mayors and councils, are chosen by the people and
cannot remain long in office unless the people re-elect them. Moreover,
most cities that use the commission plan have established the initiative,
referendum, and recall (see p. 107) as additional safeguards.
And so it is with the complaint that a commission of five members is not
large enough to be representative of all classes among the people. Good
representation is not merely a matter of numbers. Large bodies, in fact, can
be easily handled by bosses. Congress with more than five hundred
members has sometimes failed to reflect public opinion; the President on
occasions has done this much better. Five men can find out what the people
want just as well as fifty, and they are more likely to try. Quite as much to
the point—they are in a better position to carry out the people’s wishes
when the time comes.
There is one serious defect in the commission plan, The most serious
however, and it is this: The control of the various city fault.
departments is not brought to a single center but is parceled out into five
separate hands. Each commissioner looks after a certain portion of the city’s
business; no one is supreme over them all. The commission as a whole is
supreme, it is true, but it must trust its own individual members to handle
their own branches of work. In other words, the commission plan
establishes a five-headed executive; it leaves room for disagreements
among the commissioners on a three-against-two basis, and does not make
some one man responsible for getting a dollar’s worth of value for every
hundred cents expended. Dividing the responsibility among five men is
better, of course, than dividing it among fifty or sixty, as the mayor-and-
council plan does; but putting it all upon the shoulders of one man is more
effective still.

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THE CITY-MANAGER PLAN
The diagram which is printed on the reverse of this page
will make clear the analogy between the organization of a
business corporation and that of a city in which the city-
manager plan of government is followed. The people of the
city correspond to the stockholders of the corporation in that
they possess the ultimate power. This power is exercised in
the one case through a board of directors, in the other
through a council or commission. Administrative authority,
however, in both cases devolves upon a manager, who, in
turn, appoints and removes his subordinates. All the
activities of corporate business and of city-manager
government are linked together or correlated at a single
administrative center.
This diagram should be studied in connection with the
discussion on pages 203-206.

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A COMPARISON
THE FACTORY THE CITY

The City-Manager Plan.—In keeping with the Position and powers
principle, therefore, that some one official ought to of the manager.
have direct charge of the city’s administrative work, the city-manager plan
has been devised. Under this plan the commission (or a small elective
council) continues in full control, but its members do not divide the various
functions among themselves. Instead they appoint a well-paid, expert
official to act as general manager and he takes charge of all the city
departments. The city administration, under this arrangement, is conducted
like that of any ordinary business corporation. The commission or council

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serves as a board of directors; the city manager becomes, as it were, a
general superintendent.[76] In selecting its manager a city often goes outside
its own limits; usually it chooses a man who is an engineer by profession
because so much of the work is of a technical nature. When the manager is
appointed he plans the work to be done, estimates the cost, awards the
contracts, purchases the materials, and hires the labor. The city-manager
plan has been adopted by more than a hundred cities, but only a few are
large communities.[77]
This scheme of city government has all the Merits of the plan.
advantages of the commission plan and some of its defects. The detailed
work falls on the city manager who is qualified to do it. There is a single,
responsible head of the administration. When a citizen has any complaint to
make, he knows exactly where to go. In all these respects it is an ideal
arrangement. But there are two practical questions Two practical
connected with the plan which only the future can questions.
answer. In the first place will cities be willing to pay the 1. Will the cities pay
high salaries which they must pay in order to obtain the adequate salaries?
services of thoroughly competent managers? Men who are capable of
handling the affairs of a great corporation, which a city is, cannot be
secured without paying them the market price for their skill and experience.
Private corporations pay high salaries to their general managers, and the
cities, if they want the right men, must do likewise. But public opinion in
most American cities is inclined to balk at high salaries. People who have to
work hard for their own living do not see why anyone should get a salary of
eight or ten thousand dollars a year from the city, and particularly they do
not see why such a large salary should go to an outsider. In consequence
many cities are striving to get good managers at low salaries, which is a
very difficult if not an impossible thing to do. The sentiment which strongly
favors appointing a “local man” as city manager is also likely to work
harmfully. Local appointments in the long run are almost certain to be
influenced by local politics.
A second limitation concerns the applicability of the 2. Is the plan
city-manager plan to very large communities. A applicable to very
large cities?
competent official can take charge of the entire
administration in a place of fifty or one hundred thousand people. But how
about a city of a million? Would the task be too big? This is a question
which cannot yet be answered, because no very large city has yet tried the

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plan. It is pointed out that giant business enterprises, with operations
extending into many countries, are sometimes managed by one capable man
who ensures success by a careful selection of his subordinates. Until the
experiment is made we are not safe in assuming that the city-manager
scheme can be advantageously adopted by all communities of whatever
size.
The Future of City Government.—What the final solution of the
problem will be we cannot yet tell. The new plans of city government which
have been described in the foregoing pages may be merely a prelude to
something still newer. But at any rate the cities are making headway. They
are simplifying their governments, making them more responsive to public
opinion and better fitted to do the work which has to be done. American city
government is no longer a conspicuous failure. Misgovernment and waste
have not wholly or even largely disappeared, it is true; but conditions are far
better today than they were twenty-five years ago. The people have
awakened; they are no longer misled by promises and excuses but are
insisting upon knowing the facts. The crooked methods of a generation ago
would not be tolerated today. The present task is to hold what we have thus
gained and add to it. That is a duty which belongs to every citizen whatever
his age, occupation, or party allegiance. The world is becoming a world of
cities, and he who helps to make his home city a better place is performing
one of the highest duties of patriotism.
General References
F. J. Goodnow and F. G. Bates, Municipal Government, pp. 3-43;
W. B. Munro, The Government of American Cities, pp. 80-101;
C. A. Beard, American Government and Politics, pp. 578-602; Ibid., Readings in American
Government and Politics, pp. 509-534;
H. G. James, Local Government in the United States, pp. 300-357;
T. S. Chang, History and Analysis of the Commission and City Manager Plans of Municipal
Government, pp. 75-96;
Henry Bruère, The New City Government, pp. 171-204;
American Academy of Political and Social Science, Commission Government and the City-
Manager Plans, revised edition, pp. 49-77;
Everett Kimball, State and Municipal Government, pp. 345-453.

Group Problems
1. The charter of your own city (or some nearby city). Study the main types of city charter.
Examine the procedure by which your city charter was adopted; make a summary of its chief
provisions; compare these with the main provisions in the charter of some other comparable city;
point out what seem to be the chief merits and defects; state your conclusions as to desirable changes,
and explain how these may be secured. References: Nathan Matthews, Municipal Charters, pp. 97-

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163; H. G. James, Applied City Government, pp. 39-53; H. A. Toulmin, The City Manager, pp. 170-
193; National Municipal League, Municipal Program (ed. C. R. Woodruff), passim. (Copies of the
city charter can always be found in the public library and in all but the larger cities may usually be
had from the office of the city clerk.)
2. The city-manager plan: what are its merits and its limitations? References: H. A. Toulmin,
The City Manager, pp. 73-97; C. E. Rightor, The City Manager in Dayton, pp. 31-56; E. C. Mabie,
Selected Articles on the City Manager Plan of Municipal Government, passim (Debaters’ Handbook
series); T. S. Chang, History and Analysis of the Commission and City Manager Plans of Municipal
Government, pp. 158-220; National Municipal League, The Story of the City Manager Plan
(pamphlet); The Year Book of the City Managers’ Association and the National Municipal Review
also contain recent material.

Short Studies
1. Characteristics of city populations. W. B. Munro, The Government of American Cities, pp.
29-52.
2. The city and the state. C. A. Beard, American City Government, pp. 31-51.
3. The city charter. H. G. James, Local Government in the United States, pp. 304-311.
4. The position and powers of the mayor. W. B. Munro, The Government of American Cities,
pp. 207-237; R. M. Story, The American Municipal Executive, passim.
5. The mayor as a human being. Brand Whitlock, Forty Years of It, especially pp. 205-236.
6. The most striking mayor of his day. Tom L. Johnson, My Story, pp. 108-143; Carl Lorenz,
Tom L. Johnson, pp. 21-66.
7. The city council. F. J. Goodnow and F. G. Bates, Municipal Government, pp. 179-229.
8. Parties and politics in city government. W. B. Munro, The Government of American Cities,
pp. 153-179.
9. The selection and training of city administrators. Henry Bruère, The New City Government,
pp. 335-361.
10. How our cities have improved during the past twenty years. W. B. Munro, Principles and
Methods of Municipal Administration, pp. 1-29.

Questions
1. If you compare a city of 100,000 people with a rural district of the same population, which
would have (a) the larger income per capita; (b) the larger proportion of property owners; (c) the
greater number of illiterates; (d) the greater number of criminals? Give reasons for your answer in
each case.
2. Compare a city charter with a state constitution, pointing out wherein they are similar and
wherein they are different.
3. Name some branches of administration which you think ought to be wholly under the
jurisdiction of the city and free from state interference.
4. Which do you think is the better, municipal home rule or the optional charter plan? Why do you
think so?
5. In mayor-and-council cities what are the principal powers and duties of the mayor? What are the
chief functions of the city council?
6. State which of the following officials ought to be appointed by the mayor and which of them
elected by the people, giving your reasons in each case: superintendent of streets, chief or
commissioner of police, head of the fire department, city treasurer, overseers of the poor, members of
the school board, public library trustees.
7. “A city’s affairs are of the nature of business, not of government.” Is this statement absolutely
correct? Why or why not?

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8. “The commission plan embodied both a protest and a policy.” Against what was it a protest? To
what extent does it avoid the defects of the mayor-and-council plan?
9. What are the practical difficulties connected with the city-manager plan? Do you believe that
preference should be given to a “local man” in choosing the manager? The salary of the mayor in a
medium-sized city is usually not more than $5000. Should a city manager be paid more?
10. Explain what training and personal qualities a city manager ought to have.

Topics for Debate
1. The head of the police department in large cities (over 100,000 population) should be appointed
by the governor.
2. The city-manager plan is better than the mayor-and-council or commission form of government
for cities under 100,000 population.
3. Home rule should be granted to cities in every state.
4. The members of the city council should be chosen from the city at large rather than from wards.

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CHAPTER XI
MUNICIPAL PROBLEMS OF TODAY

The purpose of this chapter is to point out some of the difficult things which our cities have to
do and to discuss the various ways of doing them.

Government or Business: Which is it?—At the The city’s annual
close of each year the city authorities issue a printed report.
volume, its pages well packed with figures of all sorts and interspersed with
a good deal of very dry reading matter. This is called the annual report; it
contains a statement of revenues and expenditures compiled by the auditor,
a summary of what each department has done during the year, and a great
many other facts about the work of the city officials. Very few people ever
read these annual reports, and not many would understand them if they did.
But any thoughtful man or woman who takes the trouble to look through
one of these publications from cover to cover would be tempted to ask the
question: Why do they call such things government? They are not
government in any sense, nothing but business. Here is an account of how
streets have been paved, water purified and distributed to the people, school
buildings constructed, supplies purchased, contracts awarded, labor
employed, money collected and money paid out—why do they call these
things government when they are simply business operations and nothing
else? The problems that arise in connection with them are business
problems; the methods needed are business methods; the organization best
fitted to do the work is a business organization.
Now there is a good deal to be said for this point of Most of the city’s
view. A large part of the work which the city officials work is business.
perform is of a business rather than a governmental nature. Making laws
and enforcing them is a relatively small portion of their task. The great
majority of city officials and employees are engaged in rendering social and
economic services—such as teaching in schools, caring for the public

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health, building streets, inspecting markets, attending to the water supply,
putting out fires, and making out tax bills; all of which tasks are quite
different in nature from the work which legislatures or governors or courts
perform. It is work which, in order to be effective, must be done in
accordance with the methods of everyday business with emphasis on
intelligence, punctuality, and honesty.
Nevertheless we should be careful not to press this But not all of it can be
point too far. The aim of all organized business is to managed according to
business principles.
secure a profit, but the purpose of city administration is
to promote the well-being of the citizens. It must be conducted in
compliance with the desires of the voters, whatever these desires may be,
and must give them what they want. Business can sometimes be managed
without any heed to public opinion, but municipal administration cannot.
The science of municipal government is, to a considerable extent, that of
keeping the people satisfied. The voters must have what they want and they
do not always want what some expert may deem to be the best or the
cheapest. Government by the best people is not necessarily the best
government. There is no denying that business methods can be
advantageously applied to city administration at many points (particularly
in the awarding of contracts and the buying of supplies), but it does not
follow that such departments as poor-relief, correction, and public health
should be managed according to exactly the same principles as a railroad or
a cotton factory. Success or failure in these departments cannot always be
measured in terms of dollars and cents. The administration must be
sympathetic and humane; it avails little to save a little money if the saving
entails a great deal of human misery. The strict rules of business may easily
be pressed too far.

MUNICIPAL ADMINISTRATIVE DEPARTMENTS
The accompanying diagram indicates the way in which
the administrative work of a large American city such as
Boston is distributed among various officials and
departments. It will be noted that there were, in 1920, some
forty departments under the control of the mayor. Some

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consolidation has since been made, but the number of
departments is still larger in Boston than in any other city.
This chart should be referred to in connection with Group
Problem No. 1 (page 223).

COMMONWEALTH
OF
MASSACHUSETTS

The Need for Better Co-operation among City One reason for waste
Departments.—The greatest obstacle to satisfactory in city administration.
work on the part of city officials is the absence of close co-operation among
the various city departments. Some heads of departments are elected; some
are appointed. Even when they are all chosen in the same way they often
fail to work in complete harmony. Each department is jealous of its own
functions and anxious to follow its own policy.[78]
Each desires all the credit when things go right and Some examples.
wants none of the blame when things go wrong. The various departments,
when unpleasant or unpopular tasks have to be performed, often try to put

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the responsibility on someone else. They have become very proficient in
what is colloquially known as “passing the buck”. The result is that team
play is usually lacking, and friction is not at all uncommon. How frequently
we see examples of this failure to save the city’s money by co-operation!
The street department puts down a new pavement; but the surface is
scarcely dry before the water department proceeds to tear it up in order to
lay new mains, or the sewer department sends its men along to dig a new
manhole, or the gas and electric light employees come with picks and
shovels to make excavations in it. Why not do all this before the new
pavement goes down? In the city of Boston nearly ten thousand excavations
are made in the streets during a single year. Some of these are unavoidable,
no doubt, but many of them are simply the result of poor planning or no
planning at all.
Or, take another illustration. Many city departments require materials and
supplies of the same sort. Coal, for example, is needed in police stations,
fire stations, the schools, the city hall, and all other public buildings. Why
not get together, buy it all in one large order at wholesale prices, pay spot
cash, and secure a discount, instead of having each department purchase its
own supplies in relatively small quantities from local dealers? The answer
is that each department, jealous of its own independence, usually goes
ahead in all its activities without informing the others or consulting them.
The situation is not nearly so bad nowadays as it was twenty or more years
ago but there is still plenty of room for more effective co-operation.[79]

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City Planning and Public Works

City Planning.—A second defect in American city The lack of planning.
administration has been the lack of careful planning. The mayor and other
city officials serve in office for short terms and their main concern is to do
whatever happens to be urgent at the time, leaving the more difficult
problems for their successors. Much of their work thus becomes makeshift
in character,—a street is widened, a temporary schoolhouse is erected, a fire
engine is bought, and a few new sewers put in—but no comprehensive plan
for street improvement or schoolhouse construction or the motorization of
fire apparatus or sewage disposal is usually made and followed. Public
buildings are often badly placed because political influences rather than
public convenience determines their location. The congestion of traffic on
the down-town streets, the lack of parks and open spaces in certain sections
of the city, the unsightliness due to the myriad of poles, wires, signs, and
billboards in many of the city’s thoroughfares—these things are all due in
large measure to the absence of planning.
Many cities take little or no thought for the morrow. European cities are
They expect to grow bigger and busier, but they give better planned.
small thought to the impending problems which growth is bound to bring.
European cities have been far ahead in this respect. If Paris is outwardly the
most attractive city in the world, it is because the authorities, more than
seventy years ago, set out to make it so. The best-built city in the United
States is Washington, the streets and parks of which were all planned before
a single building was erected.[80]
What City Planning Includes.—City planning is The broad scope of
the science of designing cities, or parts of cities, so that city planning.
they may be better places for people to live in. It includes the arranging of
streets, the locating of public buildings, the providing of parks and
playgrounds, the devising of a proper transportation system, and the
regulating of private property in such way as to promote the best interests of
the whole community. It is, therefore, or ought to be, the center or focus of
all the city’s activities, each one of which should be carried on in harmony
with the general plan. It is only in this way that a great waste of the city’s
money and serious inconvenience to all classes of citizens can be prevented.

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Although city planning is not a new art it is only within recent years that
American cities have given much attention to it. For many decades the
cities and their suburbs were allowed to grow haphazard. What was once a
country highway became a village road, then the main street of a town, and
finally the chief business thoroughfare of a large city. To have widened it in
early days would have been cheap and easy; but when a city has grown up
on both sides of it the project becomes too expensive. Lack of planning is
responsible for much of the traffic congestion with which the cities are
wrestling nowadays.
The Streets.—The streets are very important factors The great importance
in the daily life of every community, far more so than of streets.
we commonly realize. They are the city’s arteries. On their surface they
carry vehicles of every sort. Their surface also affords locations for lamp
posts, telephone poles, hydrants, and many other instrumentalities of public
service. Underneath the street surface are sewers, water mains, gas pipes,
and conduits; overhead are wires and signs and balconies. The streets give
access to the shops and houses; they are likewise the principal channels for
light and air, both of which are essential to life in the buildings alongside.
Nearly every form of public service depends upon the streets; without them
private property would have little or no value. About one-third of all the
land in the city is occupied by the streets, so that proper street planning
becomes a matter of great importance to the community.[81]
In most American cities the streets are laid out in The layout of streets.
rectangular form, with long, broad avenues running one way and narrower
cross-streets the other. This means that each intersects the other at right
angles and the city blocks become squares like those of a checker-board.
This plan has been widely used in America because it takes less land for
streets than any other plan would require and it makes all building lots of
convenient rectangular shape.[82] The chief objection to this gridiron plan is
that it makes traffic more congested at the junction of important
thoroughfares. It also gives a sameness to the appearance of all the streets
and hampers the development of architectural variety. European visitors
often comment on this. Street after street in the shopping or residential
districts all look alike to the stranger; all have been laid out with a pencil
and ruler, the same widths (or nearly the same); every lot of land is of the
same size; and the long rows of houses seem to be all of the same type. In
the cities of Europe, on the other hand, the streets are more often curved or

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winding; some are very broad and some very narrow, so that each street has
its own individuality. To some extent American cities are now laying out
diagonal and winding streets in their newer suburbs on the principle that
picturesqueness ought to be combined with utility.
How Wide Ought a Street to be?—Until very The old and the newer
recent years in all American cities, and even yet in methods of
determining widths.
some of them, the practice has been to lay out streets in
widths of forty, sixty, or eighty feet,—always using multiples of ten. This is
a mere rule-of-thumb method and bears no direct relation to the needs of
traffic. The downtown streets of the older cities are, for the most part, too
narrow; in the newer suburbs they are often a good deal wider than they
need be. “But what harm is done by having more street space than is
necessary?” it may be asked. Well, every square foot of street space costs
money; it has to be paved, kept in repair, cleaned, and lighted. The proper
policy in laying out streets is to adapt their width to the probable needs of
future traffic. This cannot always be done with mathematical accuracy,
because the density of traffic changes from decade to decade; but with
careful study a fairly dependable estimate can usually be made.
The best practice nowadays is to fix the width of new The traffic “zones”.
streets in terms of traffic zones, not merely in multiples of ten feet. A stream
of traffic—motor cars, trucks, and other vehicles following one another—
requires a certain sluiceway or zone to move in. This zone is ordinarily
reckoned as ten feet in width. A zone of parked vehicles alongside the curb
uses about eight feet. In order to allow full parking privileges and still have
space for two streams of traffic to flow along easily (one in each direction)
a street should be thirty-six feet in width from curb to curb. Anything less
than this usually means that parking must be restricted or the thoroughfare
must be made a one-way street. Anything more than this is useless unless a
full zone of ten feet is added, and it is of relatively little value unless two
additional zones are put on.[83]

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The normal roadway width is based on an allowance of 10
feet for each line of moving vehicles and 8 feet for each line
of standing vehicles.
Where space is absolutely limited this unit allowance may
be reduced to 9 feet for moving and 7 feet for standing
vehicles.
The sidewalk width above suggested may be increased or
reduced to meet special requirements as to pedestrian traffic
or special demands for a tree and lawn strip.

TRAFFIC ZONES
The congestion of traffic in the downtown streets of our
large cities is due to four causes: (a) the increased number of

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vehicles, (b) the different rates of speed at which different
types of vehicles desire to move (horse-drawn vehicles,
street cars, motor trucks, trucks, motor cars, motorcycles,
etc.), (c) the inadequate width and faulty arrangement of
streets due to the lack of planning, and (d) the improper
driving and parking of vehicles.
The older streets cannot now be widened except at very
great expense because the private property which fronts on
them is so valuable. But new streets can be planned to take
care of future traffic growth. No city street should be laid out
with less than fifty-six feet between curb and curb. The
sidewalk space varies with the width of the street, as the
accompanying diagram shows.

Street Pavements.—Apart from good planning and Types of pavement.
adequate width, the usefulness of a street depends to a considerable extent
on its paving. The qualities of an ideal pavement are easy enough to specify,
but not so easy to secure. To reach perfection a street pavement should be
cheap to construct, durable, easy to repair, easy to keep clean, smooth, safe
for traffic, noiseless, and attractive in appearance. Unfortunately there is no
type of pavement possessing all these qualities. A pavement of granite
blocks will last for many years under heavy traffic, but it is expensive to
build, noisy, and hard to keep clean. The asphalt pavement is cheaper,
cleaner, and easier to drive upon; but it is slippery in wet weather and
breaks down very quickly when heavy traffic is allowed on it. Wood blocks
have come into favor in many cities during recent years because they are
believed to make a pavement which is sufficiently strong to stand the
burden now placed on the streets by truck traffic and yet afford a surface
which is easy to drive over, not difficult to keep clean, and relatively
noiseless. There is no one best form of pavement for all sections of the city.
[84]
It would be absurd to lay asphalt in the dock and shipping districts where
the streets are filled with five-ton trucks, and just as absurd to put a granite-
block surface on the streets of fine residential districts. The nature of the
pavement should be adapted to neighborhood conditions.
When the pavement has been selected it can be laid The contract and
in either of two ways—by contract or by city labor. direct labor systems.

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Most pavements have been built by contract. The city officials prepare the
plans, and call for bids; paving contractors submit their figures, and the
contract is supposed to go to the one whose bid is the lowest. That,
however, is not what always happens. Contracts for street paving have often
been awarded, on one pretext or another, to contractors who were able to
exert political influence.[85] In some cities the work is done by regular
employees of the street department, the city buying its own materials. This
plan is usually more expensive and it is not very practicable when a city
wants a great deal of work done in a hurry; on the other hand it results, as a
rule, in getting pavement of a better quality. Contract work, too often, is
done hastily and proves defective. Direct construction by the city’s own
labor force is slower, and more expensive, but usually more durable.
Parks and Recreation Grounds.—Public parks are of two types, first
the large open spaces which cover many acres and can be used by the whole
city, and second, the small areas which are provided for use by a single
neighborhood only. Every large city has parks of both types. The old-style
park which served more for ornament than for use, is now out of favor.
Cities are placing more stress on grounds which can be used for athletic
games or for other forms of recreation. In all communities which have the
advantage of being located on the ocean, on a lake, or on a river, the water-
front is a highly desirable addition to the available recreation spaces.
Suitable bathing beaches in particular ought to be acquired by the cities for
free use by the people. The development of street railway and motor
transportation has lessened the pressure upon the downtown parks by
making it more easy for the people to get out into the country.
Public Buildings.—From the standpoint of suitable The various classes of
location the public buildings of a city may be divided public buildings:
into three classes. First, there are those public buildings 1. Those which need
which ought to be centrally located so that they may be central locations.
easily reached from every part of the community. This class includes the
post-office, the city hall, the court house, and the public library. In a few
cities these buildings, or most of them, have been brought together in a
civic center; but as a rule they are scattered here and there all over the
community, wherever they may chance to have been placed in obedience to
the influences or whims of the moment. The desirability of bringing them
together, both as a matter of good planning and for the public convenience,
is easy to realize.

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Second, there are many public buildings which must 2. Those which must
be located in different parts of the city rather than at a be scattered.
single center. These include the fire engine houses, police stations,
elementary schools, and branch libraries. They must necessarily be
scattered, but this does not mean that planning is superfluous. Very often in
the past these buildings have been located at inconvenient points because
political influence rather than the public interest has determined the choice
of a location. When a prominent politician has land to sell at a fancy price
the city is usually a good customer. There is no good reason why police and
fire stations should not, as a rule, be housed under the same roof. There is
no good reason why the school, the playground, and the branch library
should not be placed upon the same plot of ground, yet rarely are these
three places of instruction and recreation within sight of one another.
Haphazard location and slipshod construction have resulted in large
amounts of needless expense in the case of public buildings.
Third, there are certain public buildings which have 3. Those which need
to be placed in special locations. Public baths, for special locations.
example, go to the water’s edge, wherever it is. The hospital should be
situated outside the zone of heavy traffic and continuous noise. The city
prison, the poorhouse, the garbage disposal plant, and the other waifs
among public buildings—nobody wants their company. They are not
welcome in any neighborhood, yet they must be placed somewhere. Timely
planning would help to solve this problem by securing convenient and
spacious tracts of land before the city grows so large that all the available
sites are occupied, but most of our cities give no thought to such questions
until the problem becomes very urgent.
Regulating Private Property.—No matter what the The private citizen
city authorities may do in the way of planning streets and the “City
Beautiful”.
properly, and expending great care upon public
buildings, the outward attractiveness of a community depends to a large
extent upon the good taste and civic pride of its individual inhabitants.
Within reasonable bounds a man can erect anything he pleases upon his
own land. He may build something which is a notable adornment or, on the
other hand, something which is an architectural eyesore to the whole
neighborhood. He may keep his grounds and dwelling in perfect order,
everything spick and span. Or he may let them go into ramshackle, the
house unpainted, the lawn grown up in weeds, and signs of neglect apparent

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everywhere. Each section of the city is as its people make it. It is absurd for
men and women to clamor for fine parks, monumental public buildings, and
brilliantly-lighted streets if they do not obey the precept that civic pride,
like charity, ought to begin at home.
One of the worst offenders against civic beauty and The billboard
good taste is the flaming billboard which stares from nuisance.
every vacant lot into the faces of the passers-by. For the most part
billboards serve no very useful purpose. The advertising which they carry
ought to be given to the newspapers, which reach a far wider circle of
people and are actively engaged in promoting the best interests of the
community. These billboards often mar what would otherwise be an
attractive avenue or landscape.[86] The cities of Continental Europe virtually
prohibit them altogether. It is not possible to do that in the United States
because of constitutional restrictions which protect private property; but
billboards can be restricted by law and some American cities have adopted
the policy of so restricting them.[87] It is also possible to levy taxes upon
them and thus to make billboard advertising less profitable.
The Municipal Utilities.—In addition to streets, parks, and public
buildings every city maintains various other physical utilities. These
include, in some cases, bridges, docks, markets, ferries, and so on. More
important, however, are the so-called utilities, the water supply and the
sewerage system. Both of these are intimately connected with the public
health and can better be dealt with when we come to that general topic.
Some cities own and operate their lighting plants, and in a few cases their
street railways. But lighting and transportation are still, for the most part, in
private hands and they present problems of such importance that they need
a chapter to themselves (see pp. 474-481).
Police Protection.—The practice of maintaining in Beginning of the
cities a body of professional, uniformed policemen who police system.
give their full time to the work of preserving law and order is less than a
hundred years old. Until well into the nineteenth century the work of
protecting life and property was performed by untrained constables and
watchmen (in England and America), or by squads of soldiers (in most of
the larger cities of Continental Europe).[88] London, in 1829, was the first
city to install a regular police force, and this action met with great popular
opposition. It was regarded as a step in the direction of tyranny.[89] But
regular policemen proved to be so much better, as guardians of law and

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order, than the untrained constable in citizen’s clothes, that other cities
followed the example of London and eventually the system was established
in the United States, the first city to adopt the new plan being New York.
Although New York was at that time a city of over 300,000 population the
work of policing was largely performed by elective constables and by
citizen watchmen until 1844.
During the past three-quarters of a century the Police organization
system of municipal police has been steadily improved. today.
The police are organized on what is practically a military model, with a
commissioner or chief in command. Under him are deputies at
headquarters, captains and lieutenants in charge of stations, sergeants and
patrolmen, who do the work of investigating, making arrests, handling
traffic, and patrolling the streets. The patrolmen in most American cities are
now selected by civil service tests; they have regular hours on and off duty,
and are subject to strict discipline. The large cities have established training
schools in which newly-appointed policemen receive instruction for a
month or more before they are sent to do regular duty. The number of
policemen in all large cities has had to be greatly increased during recent
years because of the growing need for traffic officers. A considerable
proportion of the whole force is now assigned to this duty at certain hours
of the day. Policewomen are now being appointed in most of the larger
cities because there are various forms of duty which it is believed they can
perform more effectively than men.
Police protection, until recent years, has been largely State constabularies.
confined to the cities and towns; the rural districts have had to depend upon
civilian constables and the sheriff’s deputies. Some states, however, have
now established bodies known as state constabularies, the members of
which patrol the country roads and perform the usual functions of police in
cities. Pennsylvania, New York, Massachusetts, and other states have
undertaken to give the rural districts adequate protection in this way. The
men are equipped with motorcycles and are thus enabled to cover large
areas of territory in the course of a day. The constabulary is under the
control of the governor and may be used in any portion of the state. The
establishment of these state police forces has been opposed by the labor
organizations which fear that they may be used to coerce strikers during
labor controversies.

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Fire Prevention.—The annual loss by fire in the Our enormous annual
United States is larger than that of all European losses by fire.
countries put together. Chicago and Paris are cities of about the same size;
but the yearly fire-losses in the former are four or five times that of the
latter. Whether New York has a larger population than London is still a
disputed question but there is no dispute about which has the larger number
of fires. New York City holds the world’s record in fire-losses, seven or
eight million dollars per annum.
In every part of the United States the losses are enormous year after year.
It has been estimated that they amount to half a million dollars per day,
taking the country as a whole. If all the buildings burned in the United
States during a single year were placed side by side they would form an
unbroken street from Chicago to New York. The loss of life in these fires is
also appalling; it amounts to about three thousand per year. What are the
reasons for this situation; why is it so much worse than in other countries?
There are two reasons for it; one of them we cannot Reasons for this
control, the other we can. We cannot easily alter the fact heavy loss.
that most of the buildings, whether in the cities or the rural districts of the
United States, have been built of inflammable materials. Lumber has been
cheap and it has been used lavishly. In Europe most buildings are of brick
or stone.[90] With the depletion of the timber supply in America and the
increased price of lumber fewer frame buildings will be constructed in the
United States as time goes on. The other reason for our large fire-losses is
one which can be controlled. It is summed up in a single word—
carelessness. To some extent this carelessness is the fault of the public
authorities; to a larger extent it is the fault of private individuals.
The public authorities have not been sufficiently Public prevention
active in framing and enforcing measures for the measures.
prevention of fires. They have allowed certain neighborhoods to become
veritable fire-traps, liable to be wiped out by a conflagration at any
moment. During the past few years the state and city officials have been
coming to realize the importance of prevention, however, and the laws
relating to fire hazards have been growing more strict. Special rules are now
applied to theaters, factories, garages, tenements, and other buildings in
which fires are liable to result in the loss of life. Special fire prevention
officials have been appointed in some of the larger communities; their duty
is to inspect all buildings in which fires are likely to occur and to enforce

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the fire prevention rules. An endeavor has also been made to educate the
people to the need of exercising greater care. This is done by distributing
circulars and by instruction in the schools.
The great majority of fires are the result of some The chief causes of
individual’s carelessness. Rubbish is left lying about fires.
near the cellar furnace; matches are placed where children can reach them;
kerosene or gasoline is used to light the kitchen fire; chimneys are allowed
to go unrepaired and uncleaned; ends of cigarettes are thrown on the floor
or into the waste basket—individual carelessness may take many forms. But
every fire is the same size when it starts and a trivial accident may cause the
destruction of a whole city. Fire departments are necessary and they should
be kept up to the highest efficiency, with well-trained men and motorized
apparatus; but dollar for dollar the money spent in prevention brings far
more return than expenditures for putting out fires after they occur.
The work of fighting fires is spectacular and makes an impression on the
people; there is nothing spectacular about fire prevention, hence it obtains
far less attention from the average individual. Newspapers devote great
headlines to the bravery of the fireman who carries somebody down the
sheer wall of a high building in the midst of roaring flames and blinding
smoke, but the man who quietly builds his tenement so that no such rescue
will ever be necessary—he gets no headlines at all. For this the newspapers
are of course not to blame; they merely follow the trend of popular interest.
The City’s Share in Health and Welfare Work.—Many functions
which formerly devolved wholly upon the city government have now been
taken over to some extent by the state authorities. The state makes the
general regulations and prescribes how things shall be done, but the city
officials still remain largely responsible for putting the regulations into
effect. This is true of public health protection, public The broadening field
utilities, poor-relief, correction, sanitation, and of municipal activity.
education, all of which are dealt with in later chapters of this book. No clear
separation between state and local activities can be made nowadays, the two
overlap and are intermixed. The city still retains, however, almost complete
responsibility for the care of its streets, for street lighting, for the
maintenance of parks, and for the provision of recreation. But whether it
acts merely as the agent of the state or entirely on its own behalf the city’s
functions are being broadened year by year. It is expected to do more and
more for the social welfare of its people.

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Compare the American city of today with its A typical example.
prototype of seventy-five years ago. In 1845, for example, Boston was a
city of more than 40,000 people. It had no paved streets, not one. There was
no public water supply; the people brought enough for their daily needs
from neighborhood wells. A few sewers had been built, wooden drains they
were, and only in the more thickly-settled portions of the city. Provision for
the care of the public health was altogether lacking; there was no regular
police force and only a volunteer bucket-brigade to put out fires. Public
playgrounds were unknown; so were public baths, neighborhood centers,
band concerts, branch libraries, electric street lights, trolley cars, subways,
and the long list of things which come within the range of municipal
enterprise today. Those were days of intense individualism when welfare
work was left almost wholly to private auspices. Now the city has become a
leader in almost every form of social and economic activity. This
socializing of urban life has gone on, and still goes on, without attracting
much attention, but it is one of the most far-reaching developments of the
past century.
Where will the Cities Get the Money?—This The problem of
expansion in municipal activities has brought with it an making
meet.
both ends

incessant need for more money—more money for
streets, parks, playgrounds, schools, poor-relief, recreation, pensions, and
for a dozen other things. Cities have many hard problems, but the hardest of
all is that of making both ends meet. New enterprises mean new
expenditures, and even the older activities keep steadily costing more.
Now it might be surmised that this problem of ways The effect of high
and means would be an easy one to solve. “Just raise taxes.
the tax rate and get more money” someone may suggest. That betrays the
existence of a very common impression, namely, that city tax rates have the
sky as their limit. But the fact is quite otherwise. In most cases, to be sure,
there is no legal limitation upon the amount of taxes which the city officials
can exact from the people; the limit is a purely practical one. Most of the
city’s revenue comes from taxes upon real property—on lands and
buildings (see pp. 445-446). By raising the tax rate on such property
additional revenue can be secured up to a certain point. But when the tax
rate keeps on increasing year after year it finally reaches a level where it
becomes an obstacle to the erection of new buildings; it deters new
industries from coming to the city; it causes rents to rise and acts as a brake

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upon the expansion of business. Under such conditions the value of
property stops rising and may even decline, so that further increases in the
tax rate do not yield a proportionate revenue. The people, moreover, grow
restive under the soaring tax rate on their homes; they manifest their
displeasure by turning the elective city officials out of office and installing
others who pledge themselves to cut the expenses down. Such pledges, as a
matter of fact, can rarely be kept. Considerable economies are undoubtedly
practicable in the government of all American cities without exception; but
the big outlays are bound to go on increasing so long as the people keep
making demands for more and better services.
If more revenue must be had, how can it be best Newer sources of
obtained? Taxes on property have now reached a point revenue.
in many cities where they can hardly go much higher. Taxes on incomes are
already levied by the nation and by some of the states; the cities can hardly
look forward to laying a heavy tax on top of these. Some cities, notably Los
Angeles, Cincinnati, and St. Louis are imposing business taxes—so much
per year on every lawyer, doctor, merchant, dealer, broker, and so on, the
rate varying in each case. Chicago obtains a considerable income from a
wheel tax imposed on all automobiles which use the city streets.
Everywhere the quest for new sources of revenue is being carried on
earnestly but not with any great measure of success. One serious difficulty
lies in the fact that some of the more lucrative sources have already been
tapped by the national and state governments. Congress and the state
legislatures are keenly on the scent for new revenues; wherever the
opportunity appears, they seize it. In this way the range from which the
cities may draw their income is gradually being narrowed. It can fairly be
said, therefore, that the problem of paying its way is the most difficult of all
the problems which confront the American city at the present time.
General References
C. A. Beard, American Government and Politics, pp. 603-637; Ibid., Readings, pp. 535-555;
W. B. Munro, Principles and Methods of Municipal Administration, pp. 30-73 (City Planning);
74-121 (Streets); 260-313 (Police Administration);
H. G. James, Municipal Functions, pp. 1-24;
F. J. Goodnow and F. C. Bates, Municipal Government, pp. 316-396;
F. C. Howe, The Modern City and its Problems, pp. 34-75;
Everett Kimball, State and Municipal Government, pp. 454-550.

Group Problems

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1. Make a plan of administrative organization which will include the undermentioned
municipal functions. Provide as few departments as possible without putting unrelated functions
into the same department. Each department should include all functions which are actually related
and none which are not related to its main work. Consider, for example, such questions as these:
Should playgrounds be included in the school department or combined with parks in some other
department? Where does poor-relief belong, in a department by itself or along with health or with
prisons and correction? Where should we place the public library? If you desire to include all these
functions within seven or eight departments, the public library cannot have a department all to itself.
Where should it go? Think over carefully the proper placing of such things as the inspection of
weights and measures, auditing, pensions, printing, assessments and collection of taxes, billboards,
care of hydrants, censorship of amusements, charities and poor-relief, child welfare, collection and
disposal of ashes, excess condemnation, food and milk inspection, free employment bureaus, free
legal aid, grade-crossing elimination, hospital administration, housing laws and their enforcement,
licensing, limitation of building heights, management of bridges and ferries, municipal accounts,
municipal budget making, municipal concerts, municipal courts, municipal purchasing, parks and
playgrounds, paving, playground administration, prevention of incendiarism, prisons, protection of
life and property, public lighting, public recreation, public water supply, registration of voters,
garbage collection and disposal, regulation of explosives, regulation of the location of buildings,
sewerage and sewage disposal, sinking funds, smoke prevention, snow removal, street construction,
street widening, supervision of lodging houses, tree planting, vocational and industrial education,
zoning.
2. Select three or four cities of approximately the same size as your own and compare the cost
of public safety (police and fire department expenditures) on each of the following bases: (a) per
capita; (b) per square mile of territory; (c) per $1000 assessed valuation. (The data for all cities
having over 30,000 population can be found in the U. S. Bureau of the Census: Financial Statistics of
Cities [latest edition].)
3. What we get for our city taxes. Make up from your own community’s latest annual report a
table showing the per capita cost for each form of public service (streets, parks, schools, poor-relief,
etc.). The figures in the auditor’s report divided by the population will give you the items. When your
table is completed illustrate it by drawing a circle with sectors to represent the division of
expenditure.

Short Studies
1. City planning: its scope and importance. W. B. Munro, Principles and Methods of Municipal
Administration, pp. 30-37.
2. The city’s streets. C. A. Beard, American City Government, pp. 212-260.
3. The organization of a city police force. Raymond Fosdick, European Police Systems, pp. 99-
148; E. D. Graper, American Police Administration, passim; Raymond Fosdick, American Police
Systems, pp. 188-216.
4. How the public can help the police. Arthur Woods, Policeman and Public, pp. 162-178.
5. What fire prevention means. E. F. Croker, Fire Prevention, pp. 1-37.
6. The city’s work for the social welfare. H. G. James, Municipal Functions, pp. 150-185.
7. City parks and boulevards. Charles Zueblin, American Municipal Progress, pp. 241-275.
8. The city’s part in health protection. Henry Bruère, The New City Government, pp. 314-334.
9. Municipal recreation. C. A. Beard, American City Government, pp. 334-355; John Nolen,
City Planning, pp. 139-158.
10. Raising and spending the city’s money. W. B. Munro, Principles and Methods of Municipal
Administration, pp. 403-478.

Questions

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1. Make in parallel columns a list of municipal functions which you would classify as (a) political;
(b) social; (c) economic or business functions.
2. Can you give, from your own observation, any examples of the needless expense or public
inconvenience due to the failure of city departments to co-operate properly?
3. Take any atlas which contains the street plans of the larger cities and point out examples of the
following: (a) gridiron or checkerboard planning; (b) diagonal avenues; (c) radial streets; (d)
informal layout of streets.
4. Select some portion of your own city which seems to you to be well planned and some section
which seems to be poorly planned. Give reasons for your selections.
5. Make a sketch plan for a residential suburb about one mile square on level ground with a small
river, two hundred feet wide, running from east to west through it. Each building lot is to contain, on
the average, about 20,000 square feet with access to both a street and an alley. Make provision for
one double track street railway, conveniently located. Indicate appropriate locations for a one-acre
park, an elementary school, a playground, a branch of the public library, a police station, a fire engine
station, a bridge, a bath house, and an athletic field.
6. What is the geographical center of your community? The center of population? The center of
access, that is, the point which, by reason of traffic facilities can be most quickly and easily reached
by the largest number of people? If a civic center were being established, where ought it to be placed
and why?
7. In the largest cities there are about 20 policemen for every 10,000 people, in smaller cities only
10 or 12. Why is this? Is the number of arrests made by a policeman an indication of his efficiency?
Scandals are frequent in the police departments of large cities and this is sometimes explained by
saying that the police are exposed to more temptations than any other city officials. Discuss this
explanation.
8. What in your opinion are the most common causes of fires? Many schools set apart one day in
the year as Fire Prevention Day. Make some suggestions concerning a suitable program for this
occasion.
9. Can you think of any sources of revenue not now utilized by cities which might be drawn upon
to meet an urgent need without arousing a great deal of opposition from the people?
10. What civic organizations in your community are helping the public officials to solve their
problems? Give an account of the purposes and work of each.

Topics for Debate
1. A maximum limit should be imposed by the state law upon the tax
rates of cities.
2. City employees, including policemen and firemen, should (or should
not) have the right to join a labor organization.
3. All public work should be done by contract (or by the city’s own
employees).

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CHAPTER XII
STATE GOVERNMENT IN OUTLINE

The purpose of this chapter is to explain the relation of the states to the nation, to show how
the state governments are organized, and what services they render the people.
The Sovereign States.—It is customary to speak of Place of the states in
the nation.
the American Republic as made up of “sovereign
states”, but unless this expression is clearly explained it is apt to be
misleading. On July 4th, 1776, the thirteen colonies became free and
independent states, each entitled to frame its own plan of government.
These new states were subject to no restrictions except the very mild ones
which, by adopting the Articles of Confederation, they had agreed to place
upon themselves. They were very jealous of their independence and
disinclined to surrender any of their powers, even to create a unified nation.
For this reason, when the national constitution was framed in 1787, the
states reserved to themselves all powers not conveyed to the new federal
government by the provisions of that document. It was intended that the
preponderance of power should rest with the states, that most of the work of
government should be performed by them, and that the first interest of the
citizen should be in the affairs of his own state.
But scarcely had the new federal government become Relative strength of
established when it began to gather strength. By a series the national and the
state governments.
of decisions the Supreme Court gave a liberal
interpretation to the powers of Congress as set forth in the constitution, each
decision widening the authority of the central government. The state
governments did not look with favor upon this development; but on the
whole the people of the country approved it. Little by little the nation forged
ahead of the states in its hold upon the interest and loyalty of the people.
The Civil War was an important factor in all this, for the real issue in that
conflict concerned the respective rights of the federal and the state
governments. The union came out of the war much stronger than before and
for the last sixty years it has kept gaining. Today people think of themselves

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as citizens of the United States, rather than as citizens of a particular state;
their first interest is in matters of national government; they look to the
nation for the solution of all the great problems and are disposed to give the
national government even broader powers, as recent amendments to the
constitution have shown.[91] In theory the place of the states in the nation is
almost exactly what it was a hundred and thirty years ago; they still remain
sovereign in name; but in actual fact their relative authority has been greatly
diminished.
Nevertheless the forty-eight states are even yet very Present importance of
from being mere administrative divisions as are the state government.
counties of England or the departments in France. In these two countries the
government is highly centralized; all power emanates from London or from
Paris. In America the forty-eight state capitals are still the location of
important governmental powers and in all probability will continue to be.
This decentralization in government sometimes leads to friction and
controversy; but it has the advantage of keeping the people in more direct
control of their local affairs.
How States are Admitted.—In addition to the Territories made into
thirteen original states there was territory enough in states.
1787 for the creation of many more. All the land east of the Mississippi had
been surrendered by Great Britain and although much of this was claimed
by the states along the Atlantic seaboard they finally agreed to turn it all
over to Congress. The national government thereupon made provision for
governing this territory and expressly stipulated that it should be given
rights of statehood whenever the growth of population might warrant that
step. A little later the Louisiana territory was purchased; then Florida, and
from time to time during the next fifty years additional areas were obtained
in the Southwest, Northwest, and West. In every case these areas were
administered by territorial governments under the authority of Congress,
but always with the stipulation that the territories would become states as
soon as they had obtained a sufficient population.
We do not commonly think of the United States as a colonizing power, in
the sense that Great Britain has been such, nevertheless the whole history of
the American people has been a chronicle of colonization. From the
Alleghenies to the Pacific ocean the march of settlement went steadily on
for nearly a hundred years; lands were thrown open to settlers; territories
were formed; and in the end each territory became a state.

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The makers of the federal constitution had no idea, of Steps in admission to
course, that the union would ever become so large, but statehood.
they did foresee that some day there would be more than thirteen states.
Hence, they made provision in the constitution that new states might be
admitted from time to time at the discretion of Congress. In keeping with
this provision the usual first step is the sending of a petition to Congress
from the people of the territory which seeks to be admitted. If Congress
regards this petition with favor it passes an Enabling Act, which authorizes
the people of the territory to draw up a tentative state constitution. This
document, having been framed and ratified at the polls by the people of the
territory, is then submitted to Congress. If Congress finds the constitution
satisfactory, it may then, by resolution, declare the territory to be a state.
Congress has been generous in granting full statehood to the home
territories, in some cases even before they had acquired large populations,
and this attitude has been wise. It has welded the country together as no
other policy could have unified it.
The Newer Territories.—Down to 1867, therefore, the problem of
territorial government was not difficult and it was always handled
satisfactorily. Each territory was administered by a How the territories
governor, who was appointed by the President, and by a were governed.
territorial legislature which was elected by the people. Laws passed by the
territorial legislature were subject to disapproval by Congress, but this right
was seldom exercised. The people of the territories quickly showed their
capacity to govern themselves and Congress let them alone. But after the
Civil War and particularly after the Spanish War, territorial problems of a
new sort arose. In 1867 the United States purchased The new insular
Alaska from Russia; in 1898 Porto Rico and the territories.
Philippines were acquired from Spain; in the same year Hawaii was
annexed, and during the past quarter of a century other distant possessions
(Samoa, the Panama Canal Zone, and the Virgin Islands) have been added.
These acquisitions differ from the old territories in Can they be admitted
two respects; they are outside the regular national as states?
boundaries (in some cases far outside), and they contain for the most part
populations which have not had much experience in self-government.[92] All
have been given some form of territorial government; but the question is:
Can they be ultimately admitted as states of the union? If they should be so
admitted, they must be given exactly the same rights as all the other states.

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There is no such thing as partial or qualified admission. If Porto Rico or
Hawaii should be admitted to statehood they will have exactly the same
status as New York or Pennsylvania.
Three courses are open. First, these territories may be Future of these
admitted in due course to full rights of statehood. In the islands.
case of Alaska, Hawaii, and Porto Rico this policy may be the one adopted
if their populations are deemed to be large enough. Second, the existing
form of territorial government may be continued indefinitely. This means
that they would have a large measure of control over their own local affairs
but not full control in the sense that the states have it. Third, they might be
given their independence with a guarantee of American protection from
outside enemies. In the case of the Philippines this is virtually what has
been promised; but independence is not to be given until the islands prove
entirely capable of governing themselves.[93] Apart from the Philippines
none of these territories is asking for independence.[94]
The State Constitutions.—It has been pointed out that before any
territory is admitted as a state it must frame a constitution. This constitution
is drawn, as a rule, by a constitutional convention State constitutional
composed of delegates elected by the people. Such a conventions.
convention is called when a state enters the union and again whenever a
general revision of the original document seems to be desirable. As a rule
there is an interval of ten years or more between such conventions and
sometimes an interval of thirty or forty years.[95] Due to differences in the
growth and progress of the state a constitution may become out-of-date in
one more rapidly than in another. If only slight alterations in the
constitution are needed, it is not necessary or usual to call a convention.
Individual amendments, as will be shown presently, can be made more
easily.
What these Constitutions Contain.—These state constitutions are
rather long documents, much longer than the constitution of the United
States. In early days they were much shorter, but the state governments
perform far more numerous functions today than they did fifty years ago. It
has become the tendency, moreover, in recent years to cover many things in
constitutions which formerly were left to be dealt with by acts of the
legislature. This has meant a great lengthening of constitutional provisions.
In general a state constitution sets forth the form of government,
prescribes the powers and duties of state officers, prohibits the legislature

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from doing certain things (such as changing the state capitol, for example),
and guarantees certain fundamental rights to the citizens. But this is not all.
Some of them contain long provisions relating to the powers of local
governments, the pay of officials, the borrowing of money, and the
regulation of banks. Putting such details into the state constitution is an
unwise policy because constitutional provisions are difficult to change,
whereas these various matters need to be dealt with somewhat differently
from time to time.
How State Constitutions are Amended.—There are The two methods of
two common ways of amending a state constitution. amendment.
The first, which exists in nearly all the states, is by concurrent action of the
legislature and the people. The legislature takes the first step by proposing
the amendment; then the people at the polls accept or reject the proposal.[96]
The other way is by action of the people alone. By means of the initiative,
as already described, the people may propose an amendment, have it put on
the ballot, and accept or reject it as they desire. This method of amending
the constitution is used in less than half the states and even there it is not
employed with great frequency. The great majority of the amendments to
state constitutions (scores of them are made every year in the country as a
whole) are made by the first-named plan.
The Powers of the States.—Some years ago a The states have the
foreign student of government, desiring to find out what residuum of powers.
powers belonged to the legislature of Massachusetts, took a copy of the
state constitution and began reading it carefully. Much to his surprise he
found that it contained no list of the powers which the legislature might
exercise but merely stated some things which the legislature must not do.
The reason for this, of course, is simple enough. The states retain all the
powers which they have not given to the national government. The way to
find out whether a state possesses a certain power is to look in the
constitution of the United States. If the power is there given exclusively to
Congress or prohibited to the states, then the state legislature cannot
exercise it. But if the power is not mentioned in the national constitution,
either expressly or by implication, then the state legislatures have it.
On this basis a certain division of powers is made between the nation and
the states. The general principles on which the division is made are easy
enough to understand, but the exact distribution of powers is something that
can only be mastered by studying it. Even lawyers do not always get hold of

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it accurately and newspapers are constantly making mistakes because they
fail to realize just where the boundaries of the various governmental powers
begin and end. So let us try to condense the matter into a nutshell, or, to be
more accurate, into four nutshells as follows:
1. Some powers belong exclusively to the nation. These include the power
to declare war, to regulate foreign and interstate commerce, to coin money,
to establish post offices, and so on. No share in the management of these
things belongs to the state governments.
2. Some powers belong concurrently both to the nation and the states.
Both the nation and the states, each within its own sphere, have the power
to tax, to borrow money, to charter banks, to promote education, and to do
many other things. These are called concurrent powers because the national
and state authorities may both exercise them at the same time.
3. Some powers are prohibited to the nation and some are prohibited to
the states. The national and state governments, for example, are forbidden
to pass any bill of attainder, to grant titles of nobility, or to take private
property for public use without compensation. The states, in addition, are
forbidden to make treaties, coin money, or levy tariff duties. There are
various other prohibitions upon both the nation or the states, as will be seen
by reading carefully the provisions of the national constitution.[97]
4. All other governmental powers are reserved to the states. Every power
which does not fall within the foregoing three classes belongs to the several
states exclusively. This is not only in accordance with the theory of the
national constitution as a grant of powers but it is expressly stated in the
Tenth Amendment.[98]
The General Similarity of State Governments.— Features which are
No two states, among the forty-eight, are governed similar states.
in all the

alike. A description of state government in
Massachusetts would not fit Illinois, much less Idaho or Nevada. On the
other hand no two states are governed very differently; in all the essential
features they conform to a single type. They all have constitutions; every
state has an elective legislature of two chambers; each has an elective
governor; and they all have state courts. In all the states there is universal
suffrage (save for the exclusion of negroes in the South); the secret ballot is
used throughout the country; the same political parties are in existence
everywhere from the Atlantic to the Pacific; and the principal laws are
essentially the same. The citizen who moves from one state to another finds

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the difference so slight that it is hardly noticeable. It is not worth while,
therefore, to spend any time in studying the points of difference between the
government of one state and that of another. State government everywhere
has now been reduced to a type which is uniform for all practical purposes.
The State Legislature.—Every state has a Organization of the
legislature which is the paramount branch of the state state legislature.
government. It makes the laws, levies the state taxes, appropriates money
for the management of state administration, and decides all questions of
public policy. This legislature is composed of two chambers, which have
substantially concurrent lawmaking powers. The upper chamber, commonly
called the Senate, is the smaller of the two; its members are elected by
counties or senatorial districts, usually for a term of two or four years. The
lower chamber, which is variously known as the Assembly, or House of
Representatives, or House of Delegates, is much the larger body; its
members are also elected from counties or parts of counties. Nominations
are made either by conventions or by a primary; the latter is now the more
common method except in the Southern states. Sessions of the legislature
are held every alternate year except in a few states where they are held
annually.
The powers of the state legislature are in actual The legislature’s
operation very broad. They comprise the whole field of powers.
lawmaking except in so far as it has been restricted by the national
constitution or by the constitution of the state itself. The state laws come
closer to the life of the individual than do those of the nation.[99] They make
provision for the registration of a child’s birth; they determine the age at
which he must go to school; they establish the schools and fix the
qualifications of the teachers. When the boy becomes a man he will find
that the state laws regulate his profession or business. The state laws enable
him to marry, to accumulate property, to vote, and to hold office. When he
dies the state laws regulate the transmission of his property to his heirs.
Thus from birth to death the citizen comes almost daily into contact with
the lawmaking authority of the state. These laws determine most of the
taxes that he pays; they safeguard his life, health, and property; they punish
him when he does wrong; and they provide for his maintenance if he
becomes poor or crippled or insane. Where the federal government touches
the citizen once, the state government touches him a dozen times. The
average citizen does not always appreciate this fact.

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The consent of both chambers of the state legislature The process of state
is necessary to the making of laws. The process of legislation.
lawmaking is very much like that used in Congress (see pp. 275-278). Bills
are introduced, referred to committees, reported back to the legislature, and
voted on by each chamber.[100] Disagreements between the two chambers are
adjusted by a conference committee. The rules of procedure are very
complicated and new members of a state legislature often have some
difficulty in understanding them. The purpose of the rules is threefold: To
expedite business, to ensure the careful consideration of each measure, and
to protect the rights of the minority party in the legislature. Despite the
rules, however, legislative business is often unduly delayed; at other times
measures are hustled through without proper consideration, and the rights of
the minority are frequently over-ridden.[101] This is done by suspending the
rules or by merely disregarding them.
The State Executive.—The executive branch of the The governor.
state government is made up of the governor and the heads of the various
state departments. The governor is elected by the people for a term of two
or four years. His powers are extensive. He is charged with the general
supervision over the enforcement of the laws and the conduct of
administrative affairs. He makes most of the important appointments to
state administrative offices, the chief exceptions being the heads of state
departments and the judges of the state courts, both of whom are in most
cases elected by the people. The governor’s appointments, before they
become effective, usually require confirmation by the upper branch of the
state legislature or by an elective executive council. Where the civil service
system is in force, moreover, it places a limit on the governor’s discretion in
appointments. The governor also possesses the veto power over acts of the
state legislature, but this may be over-ridden, as a rule, by a two-thirds vote
of both chambers. In all essential features the veto power of the governor is
much like that of the President. The power to pardon offenders convicted in
the state courts likewise belongs to the governor in most states; in some
states, however, he must obtain the concurrence of a pardoning-board or
some other authority, and in a few states the entire power of pardon is given
to a special board. The governor is commander-in-chief of the state militia
and may call it out for service in emergencies. Like the President the
governor is removable from office by impeachment.
Officials and boards.

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For carrying on its administrative work the state has, in addition to the
governor, a considerable number of administrative officials and boards.
These include the secretary of state, who keeps the official records; the
treasurer; the auditor; the attorney-general, who conducts the legal affairs of
the state; the state superintendent or commissioner of education; together
with state boards of health, charity, public works, public utilities, and so on.
The titles and functions of these various boards differ greatly from state to
state. In Massachusetts there are only twenty-one state departments; in New
York there are more than one hundred. Everywhere the number displays a
tendency to increase, for the functions of the state are everywhere
broadening. The officials and members of boards who perform all this
administrative work are sometimes elected but more often they are
appointed by the governor.
The State Courts: Their Organization.—In each state there are three
gradations in the judiciary, and sometimes four. First, there are local courts,
presided over by justices of the peace, or police justices. These courts try
cases of minor importance. When persons charged with serious offences are
brought before them, the offenders are held for trial by the next higher
court. These next higher courts are known as county or district or superior
courts. They are empowered to conduct jury trials; they have prosecuting
attorneys at their service; they have a wider range of jurisdiction to try
important cases, and their decisions are usually final so far as the facts of
the case are concerned. Finally, there is in each state a supreme court
(sometimes called the Court of Errors) which hears appeals, chiefly on
disputed points of law, from the courts below. This court is composed of
from five to fifteen judges (the number is fixed by law in each state), and it
has the last word in all cases save where an appeal may be taken to the
Supreme Court of the United States.[102]
The Selection and Removal of Judges.—In more The election vs. the
than three-fourths of the states the judges of these appointment
judges.
of

various courts are elected by the people. In the rest they
are either appointed by the governor or chosen by the state legislature. One
plan cannot be said, in general terms, to be better than the other. Good
judges have been secured by all three methods of selection, and poor ones
too. It is worth noting, however, that the judges of all the federal courts are
appointed for life and that they are men of fine quality.[103] It is everywhere
conceded that the courts ought to be kept out of party politics and this is

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much easier if the judges are appointed for life or for long terms than if they
are chosen by the people for short terms. But whether appointed or elected
it is desirable that judges, so long as their work is satisfactory, should be
kept in office. If judges are denied reappointment or re-election because
their decisions do not prove popular with those who are influential in
politics, it will be very hard to get men of ability and integrity to accept
judicial positions.

SIMPLIFIED STATE ADMINISTRATION
Several states have simplified their administrative
machinery during recent years by reducing the number of
state departments. Illinois is one of these. Its plan of
administrative organization, as shown on the reverse of this
page, is simple enough for any voter to understand. This
contrasts with the situation in New York State, where there
are more than a hundred administrative departments.

ORGANIZATION OF STATE ADMINISTRATION

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The Need of Reform in State Administration.— The present
There are two distinct weaknesses in state weakness.
administration at the present day. One results from the fact that the
functions of the state have been enormously expanded during the past fifty
years while the administrative machinery has not kept pace. The state has
taken over new duties in the field of public health, the regulation of
industry, the administration of prisons, the control of public utilities, and
many other matters. In each case it has merely set up one more department
or bureau or board until the whole organization has become top-heavy. State
administration, in other words, is now divided into too many compartments.
The other weakness arises from the fact that these various departments are
not all responsible to the governor or to any central head. Some officials
and boards are appointed; some are elected. Some hold office for long
terms, some for short. The governor bears the responsibility for the proper
conduct of state administration, yet the work is done by officials who are
not required to obey his instructions.[104] He is like a general who is
expected to win battles without having officers who will obey his
commands. The result is not only a good deal of friction but a waste of
time, money, and patience. Several states have felt the need of reforming
this condition and have proceeded to make changes in their administrative
organization. These changes involve a reduction in the number of
departments and the placing of them all under the general control of the
governor.[105] In the national administration all departments are responsible
to the President. The same principle ought to be applied in state
administration.
The Proposed Reconstruction of State Can the system of
Government.—The system of state government, as it commission
government be
now stands, is not obtaining satisfactory results. The applied to the states?
state legislatures have declined in popular confidence
during the past generation; men of inferior quality are frequently elected to
them; the work of lawmaking is influenced too much by party
considerations; the administrative departments are too numerous in most of
the states and often fail to do their work efficiently. State taxes are
everywhere going up rapidly and state debts are increasing. Various plans
for a radical reconstruction in state government have been proposed in order
to remedy these defects. One proposal is that the two-chambered legislature

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should be abolished and a single small body of representatives put in its
place. It is argued that if fewer legislators were elected better men would be
chosen and that the process of lawmaking would thereby be improved.
Some have even gone so far as to urge that we should establish commission
government for states as well as for cities. State government, they argue,
has become so complicated that it now needs a smaller number of capable
men giving their undivided attention to it. A two-chambered legislature,
which meets for a few months every second year, cannot handle the
business effectively. Nevertheless the people have become thoroughly
accustomed to double-chambered legislatures, and where the proposal to
establish a single chamber has been submitted to them (as in Oregon) they
have rejected it.
Another plan proposes the vesting of larger powers in Should the governor’s
the hands of the governor, giving him the initiative in powers be increased?
financial matters and making all the state administrative departments
responsible to him. Today the drift is very strongly in this direction.
Already, in some states, the governor is a more important factor than the
legislature, and this is strangely in contrast with the situation as it was a
hundred years or more ago. James Madison, in his time, spoke of the
governors as “little more than ciphers” and declared that the legislatures
were omnipotent. In our day this has entirely changed, or is changing. The
balance of power is steadily swinging from the legislative to the executive
branch.
General References
C. A. Beard, American Government and Politics, pp. 428-577; Ibid., Readings in American
Government and Politics, pp. 391-508;
Everett Kimball, State and Municipal Government, pp. 131-308;
W. B. Munro, Government of the United States, pp. 389-459;
A. N. Holcombe, State Government in the United States, pp. 240-393;
J. T. Young, The New American Government and Its Work, pp. 298-341;
Woodrow Wilson, The State, pp. 315-336;
P. S. Reinsch, Readings in American Federal Government, pp. 222-239;
J. M. Mathews, Principles of American State Administration, pp. 25-214;
W. W. Willoughby and Lindsay Rogers, Introduction to the Problem of Government, pp. 407-
429.

Group Problems
1. A revision of your state constitution. Make a tabulation of the more important provisions in
your state constitution, under the following heads: 1. Organization of the legislature. 2. Powers of the
governor. 3. Relations between the governor and the legislature. 4. Organization of the state

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departments. 5. Control of state finances. Compare these in parallel columns with the corresponding
provisions in the model state constitution of the National Municipal League. Discuss the relative
merits of each provision. References: National Municipal Review, Vol. IX, No. 11, pp. 711-715,
November, 1920. Copies of the state constitution may usually be had on application to the Secretary
of State at the State Capitol. The state constitution is also published in the handbook or manual which
is supplied to members of the legislature. For general discussions of the subject, see C. G. Haines
and Bertha H. Haines, Principles and Problems of American Government, pp. 321-338; 423-440; W.
B. Munro, Government of the United States, pp. 522-534; J. M. Mathews, Principles of American
State Administration, pp. 499-516; A. N. Holcombe, State Government in the United States, pp. 106-
142; Massachusetts Constitutional Convention, 1917-1918, Bulletins, Nos. 2, 4, 10, 15, 29 and 35;
New York State Constitutional Convention, 1915, Index Digest of State Constitutions, passim.
2. What we get for our state expenditures. References: United States Bureau of the Census,
Financial Statistics of States (issued annually since 1918); W. B. Munro, Government of the United
States, pp. 445-472; R. T. Ely, Taxation in American States and Cities, pp. 13-24; J. M. Mathews,
Principles of American State Administration, pp. 296-400.
3. Can the procedure in state legislatures be simplified? References: P. S. Reinsch, American
Legislatures and Legislative Methods, pp. 126-158; H. W. Dodds, The Procedure of State
Legislatures, pp. 36-62; A. N. Holcombe, State Government in the United States, pp. 253-279; H. M.
Robert, Rules of Order, passim.

Short Studies
1. The place of the states in the nation. W. B. Munro, Government of the United States, pp. 389-
403.
2. The organization and procedure of constitutional conventions. Massachusetts Constitutional
Convention, 1917-1918, Bulletins, No. 1 (The Procedure of Constitutional Conventions).
3. Committees and committee work in state legislatures. P. S. Reinsch, American Legislatures
and Legislative Methods, pp. 159-182.
4. The growth of executive power in state government. J. M. Mathews, Principles of American
State Administration, pp. 25-133.
5. The drift of legislation in recent years. F. J. Stimson, Popular Lawmaking, pp. 117-123.
6. Reasons for the popular distrust of state legislatures. James T. Young, The New American
Government and Its Work, pp. 643-651.
7. How state administration has been simplified. C. G. Haines and Bertha M. Haines,
Principles and Problems of Government, pp. 323-338.
8. The government of the Philippines. Dean C. Worcester, The Philippines, Past and Present,
Vol. I, pp. 325-407; Vol. II, pp. 768-791.
9. The appointment and removal of judges. S. E. Baldwin, The American Judiciary, pp. 311-
343; A. M. Kales, Unpopular Government in the United States, pp. 225-251.
10. Plans for the reconstruction of state government. W. B. Munro, Government of the United
States, pp. 522-534; A. M. Kales, Unpopular Government in the United States, pp. 166-180.

Questions
1. The national constitution provides that the United States shall guarantee to each state a
republican form of government. What does that mean? Would a state government be un-republican if
it (a) raised the voting age to thirty years; (b) abolished the legislature and gave all lawmaking
powers to an appointive board of five; (c) gave up the system of trial by jury in the state courts; (d)
abolished private property?
2. If you were redistributing the respective powers of the national and state governments today
where would you place (a) marriage and divorce; (b) education; (c) the regulation of child labor; (d)

Page 211

the chartering of banks; (e) the punishment of counterfeiting; (f) the protection of foreigners in the
United States; (g) the punishment of persons for lynching; (h) the control of the national guard?
3. Go through your state constitution and check off four or five provisions which you think might
better be left to be dealt with by the laws.
4. How may your state constitution be amended? What amendments have been made within the
last ten years and by which method? Are amendments, in your opinion, too easy or too difficult to
make?
5. If every state is entirely free to determine its own form of government why are they all so much
alike?
6. Make a list of all the steps in the passage of a law from its introduction in the legislature to its
final enactment. Does the governor give any reason when he vetoes a bill? Should he be required to
do so?
7. Put each of the following offices at the head of a column and insert under each a list of matters
with which the officials have to do: Board of Public Works; Commissioner of Corrections; Public
Utilities Commission; Fish and Game Bureau; Board of Labor and Industries; Industrial Accident
Board; Department of Social Welfare; Board of Agriculture; Attorney-General; Civil Service
Commission.
8. Make a list of all the activities in which your state government is engaged where it acts in the
capacity of (a) a business man or corporation; (b) an arbiter between parties; (c) a benevolent agency.
In which of these does it meet competition from private individuals?
9. Make a chart showing the organization of the courts in your state, the number of judges in each,
and the general jurisdiction of each court.

Topics for Debate
1. The commission plan of government, as it now exists in many cities, should be applied to the
states.
2. The United States should not acquire any territory which cannot ultimately be admitted as a
state.
3. Which is the better plan of choosing Supreme Court judges: (a) appointment for life by the
governor (Massachusetts), or, (b) election every six years by the people (Illinois)?

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CHAPTER XIII
THE NATIONAL CONSTITUTION

The purpose of this chapter is to explain how the constitution was framed, how it has
developed, and how it can be changed.

The Achievement of Union.—The greatest E pluribus unum.
achievement of the American people has been the welding of separate states
into a single nation. To have brought into a permanent federation thirteen
relatively small communities, containing less than four million people in
all, may not seem to us to have been a remarkable feat. These thirteen
communities had won their independence together in a common war; they
were inhabited for the most part by people of the same race, speaking the
same language, and accustomed to the same laws. Why should there have
been any difficulty in getting them to form a union in order to provide for
the common defence and promote the general welfare? Is not unification a
natural process?
Well, if the gathering of different states into a single permanent union is
an easy matter, why did not the warring cities of Ancient Greece unite?
Why did they persist in their disunion, and through disunion ultimately fall
a prey to their common enemy? The whole of Attica was smaller than the
single state of South Carolina. Why did not the various states of Central
America, or of South America, form a union after they had won their
independence from Spain? How different the history of these Latin-
American countries would have been during the past hundred years if they
had established a federal union like that of the United States!
The forming of the American union was not an easy task. It was brought
about by dint of hard work, patience, a rare display of public spirit on the
part of the leaders in the several states, and the common sense of the masses
of the people. If the men and women of 1787 had regarded themselves
alone and given no thought to posterity; if they had placed the immediate

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interests of the individual states above the ultimate well-being of the whole;
if they had allowed themselves to be moved by prejudice rather than by
patriotism, the American union would not have been formed.
Why the Task was Difficult.—The thirteen colonies Obstacles in the way
were founded independently. Some of them grew out of of union.
trading-company operations. Others were founded by men and women who
left their homes in the old country to escape religious persecution. Others,
again, owed their beginnings to wealthy men who obtained large grants of
land from the English crown in order to establish settlements. Founded in
different ways, these various colonies had from the outset very little
community of interest. Each had its own government and these
governments differed somewhat from one another. The people did not travel
about from one colony to another, for transportation was crude and
traveling was difficult. From Massachusetts to Georgia seemed a much
longer distance in 1787 than a journey across the entire continent seems
today. Each colony, moreover, was primarily interested in its own problems
and gave little thought to outside affairs except when dangers threatened. It
is true that the colonies also had some things in common, but the forces
which tended to keep them apart were far stronger than those which tended
to bring them together.
For this reason the first attempts at union resulted in Early attempts at
no permanent federation. As early as 1643 the four federation.
principal New England settlements united themselves into a league of
friendship known as the New England Federation, but this union went out
of existence after the danger of Indian attacks had passed away. William
Penn, in 1696, proposed a general union of all the colonies but nothing
came of his suggestion. At various times during the next sixty years
conferences were called and the matter discussed, the most important being
the Albany Congress of 1754, at which a plan of union was framed in detail.
Local jealousies, however, always proved too strong until the impending
quarrel with the mother country showed the necessity of united action.
How the War paved the Way for Union.—The The Revolution as a
attempt of the English government to tax the colonies unifying force.
without their consent brought home to them, for the first time, the fact that
they were all in the same boat. If they should attempt to resist these taxes
individually, they would be coerced one by one. For this reason they
hastened to consult with one another and in due course sent delegates to a

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Continental Congress which handled the common interests of the colonies
during the war. The stress and strain of the war made unity essential for the
time being, but it did not produce an organic union. The colonies were
united in declaring their independence, but this declaration did not create a
union of new states.
The Declaration of Independence.—The Declaration of Independence
is one of the most famous documents in all history. Drawn by Thomas
Jefferson it is at once a statement of political principles and a recital of the
colonial grievances. Four outstanding political principles are set forth in the
following words:
“We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain inalienable
rights, that among these are life, liberty, and the pursuit of happiness.”
“That to secure these rights, governments are instituted among men,
deriving their just powers from the consent of the governed.”
“That whenever any form of government becomes destructive to
these ends, it is the right of the people to alter or abolish it.”
“That governments long established should not be changed for light
or transient causes.”
The Declaration of Independence is not the law of Importance of the
the land and never has been; its text is not legally Declaration.
binding upon Congress, the legislatures, or the courts. It is an assertion of
fundamental principles. It did not create a united nation, save in sentiment.
By the declaration thirteen new sovereign states were established, each with
the right to determine its own form of government. From a governmental
standpoint these thirteen communities were less united after the declaration
than they had been before it. Prior to 1776 there had been a single
sovereign; after that date there were thirteen. But although the Declaration
of Independence did not make any provision for the union of the several
states it is none the less an immortal document because it boldly asserted
principles that were new to the world. In 1776 there was very little
democracy anywhere. The four truths above mentioned are commonplace
today; but one hundred and fifty years ago they were a challenge to
revolution in all despotic countries. In our time the greater part of the
civilized world has come to accept them as the only sound basis of
democratic government. The declaration, therefore, is not merely a

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landmark in the history of American democracy; it marks the beginning of a
great epoch in the history of human freedom.
The Articles of Confederation.—Having given their pledge to common
principles and having stood shoulder to shoulder through the dark hours of
a hard-fought war, it might be thought that these thirteen states would have
seen clearly the wisdom of welding themselves into a single, united nation.
But they were not yet ready to drop their jealousies or abate their zeal for
individual independence. The best they were willing to do, for the time
being, was to give their assent to a plan for a loose confederation,
something that was little better than an offensive and defensive alliance.
This plan, drawn up by the Continental Congress in Provisions of the
1777, was embodied in the Articles of Confederation articles.
and sent to the several states to be ratified. It met with very little
enthusiasm, and not until 1781 was it accepted by all the states. In truth,
these Articles did not deserve much enthusiasm, for they provided an
unworkable form of federal government. A Congress composed of a single
chamber made up of delegates from the states was the sole organ of the
Confederation. No provision was made for an executive or for a system of
courts. In the Congress of the Confederation all the states, large and small,
were given equal voting powers; the delegates were appointed by the states,
paid by the states, and subject to recall at any time by the states. The people,
as such, were given no direct share in the government; on the other hand the
central government could not deal directly with the people, it could act only
through the states.
The states were so jealous of their own sovereignty Weakness of the
and independence that they withheld from the Confederation.
government of the Confederation most of the essential powers which a
government must have in order to do its work. They gave it no power to tax
and hence no certain means of procuring a revenue. They gave it no power
to borrow money save with the assent of nine states. They gave it no power
to regulate trade. The Articles of Confederation, although drawn and
adopted in the midst of a war, gave the Congress no power to summon men
into the army. When it needed troops it could only call upon the states to
supply them. Sometimes the states responded to these calls, but more often
they did not, and in the latter case the Congress had no way of enforcing its
demands for men. Under the circumstances it is amazing that the

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government of the Confederation managed to carry on the war and bring it
to a successful conclusion.
The Drift to Anarchy after the War.—Despite the The critical period.
utter weakness of the Confederation the war continued to be a unifying
force so long as it lasted. In the face of a common danger and with a
common goal ahead of them the states kept their jealousies in the
background. But as soon as the war was over the bickerings began in
earnest. Each state began to look upon its own interests as the thing of
greatest importance; each sought to gain advantages at the expense of its
neighbors. Each was at liberty to impose its own tariff and to regulate trade
at its own ports. So they began to quarrel among themselves over trading
privileges and over disputed boundaries until a civil war seemed to be quite
within the bounds of possibility.
Why did not the Congress of the Confederation Impotence of the
intervene to prevent this drift to anarchy? The Congress Congress.
would gladly have done so but it had no power. It had no authority to
intervene in disputes between the states, or even to prevent war among
them. It had no army of its own, no money to raise an army. Some of the
states, now that the war was over, took so little interest in the Confederation
that they stopped sending delegates to the Congress altogether. Time and
again it was found impossible to get a quorum in order to do business. The
utter weakness of the Congress was tragically displayed in 1783 when it
was driven out of its quarters at Philadelphia by a mob of soldiers
clamoring for their pay.
The whole country was in a bad way. During the war The economic
a huge debt had been created, and Congress now found disorder.
itself with no money to pay interest on it. Millions in paper money had been
issued, but nowhere was there any gold to redeem them. Prices had been
high during the war, as prices always are during war time. When the war
ended there was a general fall in prices with the result that the farmers got
less for their products and became discontented. Farmers, in those days,
formed ninety per cent of the population and they completely controlled the
legislatures of the various states. They clamored for relief from the effects
of the decline in prices, called for the issue of more paper money, for high
tariffs, and for measures that would lessen the burden of mortgages on their
lands. In some of the states there was open rioting and disorder. These years

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have been well called the “critical period” of American history. It looked for
a time as though independence was to be merely a prelude to anarchy.
No wonder the leaders of the people were The leaders in despair.
discouraged and alarmed. Washington was in despair. “I am mortified
beyond expression”, he wrote, “when I view the clouds that have spread
over the brightest morn that ever dawned upon any country.... I am lost in
amazement when I behold what intrigue, ignorance, and jealousy are
capable of effecting.... It is but the other day that we were shedding our
blood to obtain the constitutions under which we now live—constitutions of
our own choice and making—and now we are unsheathing the sword to
overturn them.... What a triumph for the advocates of despotism to find that
we are incapable of governing ourselves!” These are bitter words, but the
condition of the country quite justified them. Sensible men in all the states
shared this alarm and felt that what had been won during the war might
easily be lost, for if the states should fall to fighting among themselves, it
would be very easy for Europe to take a hand in the fray and divide the
spoils. The fate of Poland was fresh in the minds of those who had read
history.
The Triumph of Public Spirit over Selfishness.— A Constitutional
But presently there came a rift in the clouds. The four Convention called.
million people who formed the population of the thirteen states, despite
their sectional prejudices, were possessed of common sense and patriotism.
They were blessed, moreover, with as fine a group of leaders as ever carried
a young nation through troublous years. Washington, Jefferson, Franklin,
Madison, Hamilton, and the others of this notable galaxy held different
views as to the best means of bringing order out of chaos; but they were
ready, when the time came, to sink these personal differences in order that
some effective form of central government might be established. They lent
the weight of their great influence, therefore, to a movement for revising the
Articles of Confederation in such a way that a better union of the thirteen
states might be achieved. In truth it was a difficult task to induce the states
to move towards unity, for they were all headed in exactly the opposite
direction. But by the exercise of tact and patience, and after discouraging
delays, twelve of the states finally sent delegates to a convention that was
called to meet at Philadelphia in 1787 to see what could be done. If the
states had been asked to join in the making of an entirely new constitution
and the establishing of a real federal union, there is no doubt that some of

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them would have declined. The convention was called to consider changes
in the Articles of Confederation. But when the delegates set to work they
soon found that no patchwork performance would ever solve the problem of
welding the American people into a unified nation. So they proceeded to
make an entirely new covenant containing provision for a real central
government endowed with adequate powers.
The Constitutional Convention: Its Members.—In the convention
there were fifty-five delegates representing twelve states. Some states sent
six or seven delegates; others only two or three. The number did not matter
much, for each state had one vote on all questions. The delegates were
never all present at any one time; some of them came and soon went away;
others kept coming and going; but the majority stayed right through the
summer and attended the meetings regularly. The convention met in the old
brick state house in Philadelphia, the building in which the Declaration of
Independence had been signed eleven years before. It met behind closed
doors and the delegates agreed that they would not tell what was going on.
Day after day, from May to September, they wrestled with the problem of
framing a new constitution and although their differences of opinion often
seemed impossible to adjust, the convention finally managed to draft a
document which a majority of the delegates were willing to sign.

WASHINGTON AT THE CONSTITUTIONAL
CONVENTION OF 1787

By Violet Oakley
This picture is in the Pennsylvania State Capitol at
Harrisburg.
It portrays the Fathers of the Republic at their great work
of framing the national constitution. Washington, the
presiding officer of the convention, is appealing to his
colleagues with the notable words which encircle the top of
the picture. Around and below him are Benjamin Franklin,
James Madison, William Paterson, James Dickinson,
Edmund Randolph, Robert Morris, and Gouverneur Morris,

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all of them in quaint costumes of the later eighteenth
century.
The picture is symbolic of America’s great aspiration—
Let us raise a standard to which the honest can repair!

WASHINGTON AT THE CONSTITUTIONAL
CONVENTION.

By Violet Oakley

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Copyright by Violet Oakley. From a Copley Print,
copyright by Curtis & Cameron, Boston. Reproduced by
permission.

The men who took a prominent part in this The Fathers of the
convention performed a service of such value and Republic.
permanence that their names can never be forgotten. Washington, who
headed the delegation from Virginia, was chosen by the convention to be its
presiding officer. This debarred him from taking an active part in the
discussions on the floor, but his great personal influence was on many
occasions exerted in the interests of harmony. Benjamin Franklin, the wisest
man of his time, was the senior member of the Pennsylvania delegation. His
broad knowledge of men and affairs, gained through a long life of more
than eighty years, made him one of the most valuable members. Then there
was James Madison, still a young man but already a thorough scholar in
matters of government. Among all the delegates Madison ranked first in
point of active helpfulness and fully earned the distinction which posterity
has given him as the Father of the Constitution. Alexander Hamilton, of
New York, young and brilliant, with plenty of imagination and strong
political opinions, was the orator of the convention; but oratory did not
carry far with the delegates. They listened with rapt attention to Hamilton’s
impassioned speeches and applauded him generously at the end; but when
the question was put to a vote he sometimes got nobody’s vote but his own.
Arguments counted for more than eloquence in this gathering. Among the
delegates of ability and prominence were Robert Morris and James Wilson,
of Pennsylvania, the former a wizard in financial matters, the latter a hard-
headed Scotchman of great political sense; Roger Sherman, the shoemaker-
statesman, of Connecticut; the two Pinckneys, of South Carolina, John
Dickinson, of Delaware, and a dozen others whose names were known
throughout the nation in their day. They were not all of the same mind on
political questions, not by any means; some were conservative and some
were radical; some looked far into the future and others only to the needs of
the hour; some were always willing to compromise and others were not
ready to compromise at all; but taken as a whole they formed an able, well-

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balanced group of men, fairly reflecting the intelligence and patriotism of
their time.[106]
How the Convention Solved its Difficulties.—In a The obstacles and the
body made up of men who held such widely-differing compromises.
opinions it was inevitable that bitter controversies should arise. And that is
what happened. Delegates from the smaller states disagreed with the
delegates from the larger states on the question whether, under the new
constitution, the voting power of the states should be equal, as it had been
under the Articles of Confederation. Delegates from the North clashed with
delegates from the South on the question of giving the new government
power to regulate trade; for the South did not want export taxes placed upon
tobacco, cotton, and the other plantation staples. The divergence of opinion
was often very wide, and on one occasion the convention almost broke off
its proceedings because there seemed to be no hope that any agreement
could be reached. But patience and public spirit finally prevailed on all
points and by means of one compromise after another the convention
managed to finish its work without splitting its ranks wide open.[107]
When all the main features had been agreed upon The constitution
they were put together into a constitution which thirty- drafted.
nine of the delegates were willing to sign. Of the others, some were absent;
some refused to put their names to it. Even among those who signed it there
were many who did so without the least enthusiasm. The provisions of the
new constitution were not what any individual delegate wanted, but merely
what a majority could be induced to agree upon. What influenced the
delegates most of all was the fact that everyone knew the existing situation
to be bad; the new constitution, whatever its defects, was sure to be an
improvement. The immediate thing was to get the states headed towards the
center and not towards the circumference of a circle. This being
accomplished, the leaders of the convention believed the future might be
trusted to take care of itself. It was in this broad and patriotic spirit that
thirty-nine men appended their names to what the English statesman,
Gladstone, once called “the greatest achievement ever struck off in a given
time by the hand and brain of man”,—the constitution of the United States.
The Final Step.—But by signing their names to this Ratification by the
document the members of the convention did not make states.
it the law of the land. Before the constitution could go into force it must be
submitted to the states and adopted by them. And there was grave danger

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that several of the states would reject it. Public sentiment seemed to be
about evenly divided; the small farmers were largely opposed to accepting
the new government, while the people of the towns and the large property-
owners were in favor of it. Some of those who had been The Federalist.
leaders in the convention, notably Hamilton and Madison, organized a
campaign to influence public opinion in favor of the new constitution, in the
course of which they wrote numerous letters to the newspapers explaining
and defending the various provisions. These letters were subsequently
compiled into book form and published under the title of The Federalist.
Even today they form an admirable exposition of what the various
provisions of the constitution express and imply. In the end the campaign
for ratification was successful and notwithstanding strong opposition in
some of the states all were finally induced to accept the constitution. This
being accomplished the Congress of the Confederation dissolved and in
1789 the new federal government came into office with New York City as
the temporary capital.[108]
The Constitution as a Whole.—The constitution of A notable document.
the United States as framed by the convention is a relatively short
document. It is printed in the back of this book and can be read in about
twenty minutes. It is the oldest and the shortest among republican
constitutions in the great countries of the world. Napoleon Bonaparte once
said that a good constitution should be “short and obscure”, short, so that
people would not have to waste time in reading it, and obscure so that rulers
could interpret it in any way they chose. The constitution of the United
States fulfils the first of Napoleon’s requirements but not the second. It is a
remarkably clear document, well-arranged, saying in a few words exactly
what it means, and couched in admirable English. Let anyone read the first
six lines of it, for example, and see if he can put the purposes of a free
government into fewer and more telling words. It is the supreme law of the
land, the last word on all questions of American government. No one can
claim to know how the affairs of the United States are administered without
mastering, at least in a general way, the contents of the constitution.
How the Constitution has Developed.—But the Factors in the
constitution today is not what it was a hundred and development
constitution:
of the

twenty-odd years ago. Were that the case, it would be
sadly out of touch with the needs of the nation. To be satisfactory a
constitution must be capable of steady expansion and development; it must

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be able to keep step with political, social, and economic progress. This the
constitution of the United States has been able to do through various
agencies of development, usage, judicial interpretation, and amendment.
Established for thirteen states containing four million people it has been
expanded to cover the needs of nearly four times as many states and more
than twenty-five times as many people. Framed in days of stage coaches
and sailing ships, hand-industry and primitive methods of agriculture, it has
carried through into the days of airships and tractors, giant factories and
miracles of industry. It is endowed with dynamic qualities.
Let us look a little more closely at these agencies of 1. Usage.
development. Usage is one of them. Alongside the written document there
have grown up many practices which have practically the strength of
written provisions. Take the method of electing the President, for example.
Indirect election is provided in the constitution; by usage the election has
become direct. The constitution provides that the President shall make
appointments with the “advice and consent” of the Senate; but as a matter
of usage its advice is never asked and its consent, in some cases, is never
refused (see p. 298). The constitution says not a word about the Cabinet, but
by usage a Cabinet system has grown up in the United States as in England.
Nor does it say a word about political parties, nevertheless usage has given
them a large part in government. These illustrations could be multiplied.
Why does no President seek a third term? Why does a President usually
consult individual representatives before making local appointments? Why
are non-residents in a congressional district practically never elected to
represent it? Usage answers these and many other questions.
The constitution has also been modified by decisions 2. Interpretation.
of the courts. The courts cannot change a single word in the constitution;
they merely interpret its meaning. Their function is jus dicere, non dare (to
interpret the law, not to make it), as the saying goes. But the fact remains
that changes in the meaning of words are equivalent for all practical
purposes to changes in the words themselves. The Supreme Court, in a long
series of decisions, has greatly expanded the powers of the national
government by the interpretation of words and clauses in the written
constitution. It has decided that the power to borrow money includes the
power to establish banks, that the power to regulate commerce includes the
power to fix railroad rates, that the power to establish post-offices includes
the power to punish those who use the mails for a fraudulent purpose, and

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so on. It has been the function of the court to make the words spell out new
meanings to fit new situations. One cannot today obtain an adequate
knowledge of what these words and phrases mean by merely reading the
document; it is necessary to go through the decisions of the Supreme Court
and find out just how this great tribunal has interpreted them.
The constitution has been developed by law. Many 3. Statutes.
things were left in general terms in order that the details might be settled by
Congress or by the state legislature. Nothing is said in the constitution about
the organization or procedure of the federal courts. All this has been built up
by laws. Nor is anything said about the method of nominating congressmen,
or the form of the ballot, or the duties of election officials. That, too, is
arranged by law. Much of what we call the machinery of American
government today rests upon ordinary laws which can be changed by
Congress or the state legislatures at any time.
Finally, the constitution can be changed, and on 4. Amendments.
nineteen matters has been changed by amending it. The constitution
provides four possible methods of making and ratifying amendments,—two
of initiating and two of ratifying. These various ways are stated in the
document (Article V) more briefly and more clearly than they can be
recapitulated here. But every one of the amendments thus far made has been
proposed and adopted in one and the same way, namely, proposal by
Congress and ratification by three-fourths of the state legislatures. The other
plan of proposing amendments, that is by calling a Method of making
constitutional convention, would open the gates for a amendments.
general revision or for the submission of an entirely new constitution,
which is something that public opinion has not yet seemed to favor. If,
however, Congress should at any time endeavor to thwart the will of the
people by declining to propose an amendment strongly demanded by public
opinion its hand could be forced by resort to the convention method.
The Nineteen Amendments.—Of the nineteen Nature of the nineteen
amendments which have been made since the amendments.
constitution went into force, the first ten were added in 1791. When the
convention of 1787 finished its work and sent the document to the states for
their approval there was a chorus of protest because no Bill of Rights had
been included. “Where are there in this document”, the objectors cried out,
“any provisions guaranteeing us free speech, trial by jury, freedom of the
press, and the other securities against oppression?” The reply was that the

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people needed no guarantees against their own government but only against
governments imposed upon them from outside. But this explanation did not
satisfy, and assurance was given that if the constitution were adopted in its
original form a Bill of Rights would be added. The first ten amendments
represent the keeping of that pledge. The last of these amendments is of
particular importance in explicitly proclaiming that all powers not given to
the national government by the constitution, or prohibited to the states, are
reserved to the states, respectively, and to the people.
The latest nine amendments require little comment although some are of
great importance. Three of them, the thirteenth, fourteenth, and fifteenth,
were needed to make permanent the results of the Civil War. One of these,
the fourteenth, contains provisions, relating to the rights of citizens, which
have been given a wide application and have been the cause of a great deal
of litigation before the Supreme Court. Intended to protect the negro they
have been used, in large measure, to secure for business corporations the
equal protection of the laws. As for the negro he has gained very little from
amendments which were primarily made for his benefit. The fifteenth
amendment was intended to secure him the right to vote; but in many of the
states it has not succeeded in doing so. The two latest amendments, namely,
the eighteenth, which established national prohibition, and the nineteenth,
which provides for woman suffrage, have both been ratified since the World
War.
Twenty years ago it was commonly urged that the process of amending
the constitution ought to be made easier. It was pointed out in those days
that no amendment had been made for more than a generation. But the
adoption of four amendments during the past ten years seems to indicate
that when the people demand an amendment the process of getting it is not
too difficult. In each of these instances there was a strong popular demand.
Why Men Honor the Constitution.—Americans have a great respect
for the constitution of their country even though many of them would like
to see some changes made in it. And why should they not honor it? Its reign
has been long in the land. No king ever ruled his people so long or kept
faith with them so well. Under it the country has waxed great and
prosperous; the government which it established has become increasingly
democratic in form and in spirit; it has grown strong enough to protect its
citizens at home and abroad, and it has become the model upon which
several other governments of the world have been patterned.

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It is easy enough to pick flaws in the constitution of the United States—
or in the constitution of any country for that matter—but where are the
Washingtons, Madisons, and Hamiltons of today whom we would trust with
the task of making a better one? During the past few years a dozen
countries of the world have framed new republican constitutions,—
Germany, Austria, Poland, Czecho-Slovakia, and so on. They have had the
experience of an additional century to draw upon and the combined political
wisdom of the world at their disposal. Is there any constitution in this list
which the rank and file of the American people would prefer to their own?
You can pick a line out of Shakespeare, here and there, and improve upon it.
But when it comes to improving upon the whole of Shakespeare’s work,—
ah, that is quite a different proposition.
General References
James Bryce, The American Commonwealth, Vol. I, pp. 15-31; 360-410 (Abridged Edition, pp.
224-284);
Charles A. Beard, American Government and Politics, 3d edition, pp. 1-77; Ibid., Readings in
American Government and Politics, pp. 1-69; Ibid., History of the United States, pp. 139-161;
Everett Kimball, National Government of the United States, pp. 1-46;
W. B. Munro, The Government of the United States, pp. 1-70; Ibid., Selections from the
Federalist, pp. 1-17; 56-86;
Max Farrand, The Framing of the Constitution of the United States, especially pp. 42-67.

Group Problems
1. The means of securing co-operation among states and men as illustrated by the American
government before, during, and after the Revolution. The obstacles to union. The cohesive forces.
The influence and nature of leadership. Historical analogies in other parts of the world. The problem
of forming a league of states compared with that of forming a league of nations. References:
Woodrow Wilson, The State, pp. 267-298; John Fiske, The Critical Period, pp. 50-89; Max
Farrand, The Framing of the Constitution, pp. 65-112; A. C. McLaughlin, Confederation and the
Constitution, pp. 35-52.
2. The Declaration of Independence: its origin, its importance, and an analysis of its political
principles. References: C. H. Van Tyne, The American Revolution, pp. 50-87; John Fiske, The
American Revolution, Vol. I, pp. 147-197; The Madison Papers, Vol. I, pp. 19-27; H. Friedenwald,
The Declaration of Independence, an Interpretation and Analysis, pp. 121-151.
3. From what sources did the framers of the constitution borrow their ideas? References: C.
E. Stevens, The Sources of the Constitution, pp. 35-116; J. H. Robinson, The Original and Derived
Features of the Constitution, pp. 203-210; S. G. Fisher, The Evolution of the Constitution, pp. 11-25.
4. How the constitution has developed. References: James Bryce, The American
Commonwealth, Vol. I, pp. 360-410; W. B. Munro, Government of the United States, pp. 57-70; C.
G. Tiedeman, The Unwritten Constitution of the United States, pp. 16-53.

Short Studies
1. The spirit of America. Woodrow Wilson, History of the American People, Vol. II, pp. 98-126.

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2. How England controlled the Colonies. G. C. Lewis, The Government of Dependencies, pp.
189-240.
3. The New England Confederation. Edward Channing, History of the United States, Vol. I, pp.
414-436.
4. The Stamp Act. Edward Channing, History of the United States, Vol. III, pp. 46-79.
5. The Articles of Confederation. C. H. Van Tyne, The American Revolution, pp. 175-202.
6. The weakness of the Confederation. John Fiske, The Critical Period of American History, pp.
90-133.
7. The personnel of the constitutional convention. Max Farrand, The Framing of the
Constitution of the United States, pp. 14-41.
8. The difficulties which confronted the convention. The Federalist, No. XXXVI; (in W. B.
Munro, Selections from the Federalist, pp. 109-116; also in C. A. Beard, Readings on American
Government and Politics, pp. 44-47).
9. Contemporary objections to the constitution. A. C. McLaughlin, Confederation and the
Constitution, pp. 277-281; 287-288; P. L. Ford, Pamphlets on the Constitution of the United States,
especially pp. 3-23.
10. The political ideas of the Fathers. H. J. Ford, Rise and Growth of American Politics, pp. 17-
34.
11. Outstanding features of the constitution as a document. W. B. Munro, Government of the
United States, pp. 44-56.
12 How amendments are made. C. A. Beard, Readings in American Government and Politics,
pp. 56-61.

Questions
1. Show how the form of government established by England in the American colonies compares
with the form of government maintained by the United States in Alaska, Hawaii, and Porto Rico
today.
2. In what respects did the colonies differ from one another and in what respects were they pretty
much alike?
3. Make a critical examination of the four great political principles enunciated in the Declaration of
Independence. How would you apply them today in the case of (a) Ireland; (b) the Philippines; (c)
India?
4. Name the chief weaknesses of the Confederation.
5. Who is commonly called the “Father of the Constitution”? Does he deserve this title, and if so,
why?
6. Read the constitution carefully and then answer the following questions, “yes” or “no,” pointing
out the provision on which you base your answer: (a) Must the Vice President be a natural-born
citizen? (b) May an American citizen accept a foreign order of nobility? (c) May any one who is not a
citizen vote at presidential elections? (d) May Congress pass a law impairing the obligations of
contracts? (e) May the President and Vice President both be residents of the same state? (f) May the
President pardon a person convicted of treason? May he pardon a federal official convicted of
bribery?
7. What did you find in the constitution that you did not expect to find there? What did you expect
and fail to find? What seems to you to be the most important section of the whole document?
8. Explain the procedure by which the constitution may be amended. Classify the nineteen
amendments into four groups and give a general title to each group.
9. Give some examples of constitutional development (a) by law; (b) by usage; (c) by judicial
interpretation.
10. If we were to revise the entire constitution today what changes would probably be made?

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Topics for Debate
1. A national convention should be called to revise the constitution.
2. The process of amending the constitution should be made easier.

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CHAPTER XIV
CONGRESS AT WORK

The purpose of this chapter is to explain how the nation’s laws are made.

Congress.—The lawmaking branch of the national The reason for two
government is made up of two chambers, the Senate chambers:
and the House of Representatives. The Congress of the Confederation
consisted of one chamber only; but the members of the constitutional
convention were strongly impressed with the desirability of establishing a
bicameral legislative body. There is a story that Thomas Jefferson, who
believed a single chamber to be sufficient, was engaged in a friendly
argument with Washington on this matter shortly after the constitution had
been completed. The two were taking tea together and Jefferson, following
a common practice of the time, poured some of his tea from his cup into the
saucer. “Why do you do that?” asked the Father of his Country. “To cool it”,
replied Jefferson. “Quite so”, added Washington, “and the Senate is to be
the saucer into which the laws which come hot from the House of
Representatives will be poured to cool.” That story may or may not be true;
but it gives a clue to the principal reason why there are two branches of
Congress instead of one. There is some significance, moreover, in the fact
that every state of the Union, and every foreign country, has a legislature or
parliament of two chambers.
The bicameral system is commonly justified on two 1. To provide a
grounds. In the first place, it is believed to afford a safeguard.
safeguard against hasty and unwise legislation. A single chamber might be
moved by a passing wave of prejudice or enthusiasm to take action without
sufficient reflection. When all measures have to be considered by two
legislative bodies, this danger is not nearly so great. One chamber serves as
a check on the other. A second reason is found in the 2. To permit two types
desirability of having the lawmakers chosen in different of representation.

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ways, some by small districts and some by large districts, some for long
terms and some for short terms. A good lawmaking body should be
thoroughly representative; it should represent the whole country and all
parts of the country; it should be kept in close touch with public opinion by
frequent elections, but the entire body of lawmakers ought not to be
changed at short intervals, for there would then be no steadiness of policy.
The framers of the constitution tried to meet all these requirements by
providing for a Senate, whose members should be chosen by the states for
six-year terms, and a House of Representatives, made up of members
elected by the people every two years.[109] The former represents the states
on a basis of equality; the other affords them representation according to
their respective populations.
The Senate: Its Organization.—In the constitution, Method of choosing
as originally adopted, it was provided that each state senators.
should have two senators, elected “by the legislature thereof”. For more
than a hundred years that method of election was followed. The two houses
of the state legislature chose the senators. But this plan became unpopular
and in 1913 the constitution was amended to provide that the senators
should be chosen in each state by popular vote. The term remains fixed at
six years, but one-third of the senators retire every second year.[110] Every
state, large or small, has two senators. Nevada, with only 80,000 population
has equal representation in the Senate with New York, which has above ten
million people. Proportionally, New York ought to have about two hundred
and fifty senators. This may seem to be unfair to the larger states, but it was
a necessary concession to the smaller states at the time the union was
formed. Population, moreover, is not the only thing that The principle of
should be taken into consideration. A state may be large equality.
in area, with great natural resources and a splendid future before it, and yet
be very thinly settled. The Senate was created to represent the states as
such, and all the states are equal in rights, if they are not equal in area or
population. At any rate the provision for equal representation is in the
constitution and if you read the provision, you will see that it cannot be
easily changed (Article V, last clause).
The Senate holds regular sessions each year at The Senate’s
Washington. It may be called in special session, even procedure.
when the House of Representatives is not sitting. This is because the Senate
has some special powers apart from those which it shares equally with the

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lower house. It makes its own rules of procedure, decides any disputes as to
the qualifications of its own members, and has power, by a two-thirds vote,
to expel any senator from its membership. Most of the Senate’s routine
work is done by committees, the members of which are assigned every
second year by an unofficial “Committee on Committees” subject to the
approval of the whole chamber. There are about thirty of these committees,
but many of them are of small importance. The more important are those
which deal with revenue measures, appropriations, foreign relations, and
interstate commerce. Each committee has its own chairman.
The Senate: Its Exclusive Powers.—The Senate has three special
powers in which the House of Representatives possesses no share. These
powers relate to impeachments, the confirming of appointments, and the
ratification of treaties.
The Senate, as the constitution declares, has “the sole 1. Trial of
power to try all impeachments”. The procedure known impeachments.
as impeachment is of English origin and goes back to mediaeval times
when the only way of holding a king to account was to impeach and punish
his advisors. The framers of the American constitution regarded
impeachment as a useful means of checking any arbitrary use of executive
power and they, therefore, made provision that “the President, Vice
President, and all civil officers of the United States” should be subject to
impeachment before the Senate in case of wrong-doing. The term “civil
officers” includes members of the cabinet, judges, ambassadors, even
postmasters; but it does not include the members of either branch of
Congress nor, of course, does it include either state or local officeholders.
Civil officers of the United States can be impeached only for “treason,
bribery, or other high crimes and misdemeanors”; and if convicted can be
punished only to the extent of being removed from office as well as
disqualified from ever holding any federal position again. They cannot be
put to death, or imprisoned, or fined.
When it is desired to impeach any civil officer, the charges against him
are laid before the Senate by the House of Representatives. The Senate sets
a date for hearing the case; the evidence is presented; and the Senate then
frames its verdict behind closed doors.[111] A two-thirds majority is
necessary for a conviction.[112]
All the more important appointments made by the 2. Confirmation of
President require the confirmation of the Senate. The appointments.

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President sends to the presiding officer of the Senate the names of his
proposed appointees and the Senate thereupon refers them to the
appropriate committees for consideration. When the committees make their
report the Senate then votes to confirm or reject. A bare majority, not a two-
thirds vote, suffices. Rejections take place at times, but the great majority of
the President’s nominations are confirmed without delay. The Senate
understands that the chief responsibility for selecting federal officers rests
with the executive branch of the government and that confirmation should
not be refused without good reason. There is, however, a practice known as
“senatorial courtesy”, which has frequently led to the rejection of names
proposed by the President. According to this custom the Senate will not
confirm the appointment of any local officer, such as postmaster or internal
revenue officer, unless the person named for the appointment is satisfactory
to the senator or senators from the state concerned, provided, of course, that
these senators are of the same political party as the President himself. Or, to
put it more concretely, if a Republican President nominates as internal
revenue officer at Philadelphia someone who is not approved by the
Republican Senators from Pennsylvania, the Republican majority in the
Senate will not permit the appointment to be confirmed. This unwritten rule
of senatorial courtesy has been enforced at some times and not at others.
Some presidents have been able to persuade the Senate to disregard it; but
in general it is a custom which ties the hands of all presidents to a
considerable extent. When the Senate is not in session, the President is free
to make appointments at his own discretion. These are known as “recess
appointments” and are temporary only. If the Senate, at its next session,
fails to confirm them, these recess appointments lapse and the appointees
get no pay for the time they may have served.
All treaties between the United States and other 3. Ratification of
countries must be approved by a two-thirds vote of the treaties.
Senate before they can go into effect. This gives the Senate an important
influence in the control and direction of foreign affairs because the relations
between the United States and other countries are fixed, to a considerable
extent, by treaties. The whole subject of treaties and foreign relations is so
complicated, however, that it may best be reserved for study in a later
chapter.
The Senate: Its Concurrent Powers.—In all other Powers which are
matters, apart from impeachments, appointments, and jointly exercised with
the House.

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treaties, the Senate has concurrent power with the House of
Representatives. There is a provision in the constitution to the effect that all
bills for raising revenue must “originate” in the House of Representatives,
but that the Senate may amend such bills as it pleases. This is a partial
reproduction of an ancient rule in the unwritten constitution of Great Britain
which gives the House of Commons the initiative in all financial matters.
By usage, also, all bills for spending money originate in the lower house.
But the Senate, as a practical matter, uses its amending power so freely that
it can virtually originate measures of either sort whenever it desires to do
so. When a bill comes up from the lower chamber it can strike out virtually
the whole measure, put a new bill in its place, and send this back to the
House of Representatives. In matters which do not relate to revenue or
expenditure the powers of the two chambers are precisely the same both in
theory and in practice.
The House of Representatives: Its Organization. How the size of the
—The House of Representatives is nearly five times as House is determined.
large as the Senate, having 435 members at the present time. It is much too
large for the effective debating of measures.[113] Every ten years, after the
population of each state has been determined by the census bureau,
Congress by law fixes the total membership of the House for the ensuing
decade. Dividing this figure into the total population of the country gives a
“ratio of representation”, that is the uniform quota of population which is
entitled to one representative. For example, if the population of the country
is one hundred millions and the membership of the House is fixed at 400,
the ratio would be one representative for every 250,000 people. Having
found this ratio, it is a simple matter to determine how many representatives
each state shall have. New York, with ten million people, would be allotted
forty congressmen; Maine, with seven hundred and fifty thousand people,
would get only three. Nevada, Wyoming and Delaware would not get any, if
the ratio were strictly applied, but the constitution requires that every state,
no matter what its population, shall be given at least one representative in
the House. When the quota to which each state is entitled has been figured
the several states proceed, through their legislatures, to lay out
congressional districts and from each such district one congressman is
chosen at the next election.
This work of “redistricting” the state gave rise at an Congressional
early date to a practice commonly known as districts.

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“gerrymandering”.[114] The national laws require that all congressional
districts within a state shall be approximately equal in population and that
they shall be composed of contiguous territory. Apart from these
restrictions, the state legislatures are free to map out the districts as they see
fit and they do this, very frequently, with an eye to gaining advantage for
the political party which happens to control the legislature. By adding one
county or town and taking off another, always with party motives in mind, it
is possible to “gerrymander” a district into such form that the candidate of
the favored party will have an advantage over his opponent. True enough,
these gerrymandered congressional districts, when drawn on the map, often
look like a lizard or a starfish, but there is nothing in the constitution or the
laws of the United States which requires congressional districts to be
uniform in shape.
How Representatives are Chosen.—Every second The method of
year elections are held in all the congressional districts choosing
congressmen.
of the country and one congressman is chosen from
each. Each state determines how the nominations are made and is
responsible for conducting the election. The qualifications for voting are the
same as those established at state elections. There is no legal requirement
that a representative must be a resident of the district which elects him; it is
enough that he be a resident of the state in which the district is located. But
as a matter of practice congressmen are nearly always residents of their
districts. American usage in this respect differs from that of some other
countries, particularly Great Britain, where members of the House of
Commons are frequently chosen from districts in which they do not reside.
The advantage of this plan is that a capable statesman The residence
can secure a seat in the lawmaking body even though requirement.
his own home district may be one which the opposite party controls. In the
United States, on the other hand, if a capable man belonging to the
Democratic party happens to live in a strongly Republican district, there is
practically no chance of his ever being a member of the national House of
Representatives no matter how strong his personal qualifications may be.
One congressional district, moreover, especially in the residential portion of
a large city, may have many capable men living in it. But only one of them,
under American usage, can sit in the House. The argument that, in order to
know the needs of his district, a congressman must actually live in it, is on
everyone’s tongue, but it deserves no considerable weight. The first duty of

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a congressman is to promote the interests of the whole people and not
merely those of his own district.
The Speaker and the Committees.—The House of Representatives
elects its own presiding officer, who is known as the Speaker. He has
general charge of the proceedings and until a few years ago appointed all
the committees. All questions of procedure are decided by him and he
determines which member of the House shall be “recognized”, that is,
permitted to speak, when several members desire to have the floor. The
Speaker is always a prominent member of the majority party and usually
one of its leaders. He has a considerable influence on the work of the
House.
In a body of more than four hundred members, it stands to reason that a
great deal of the business must be done by committees. There are now
nearly sixty of these committees, the most important being those on rules,
appropriations, ways and means, interstate and foreign commerce, post-
offices, military affairs, naval affairs, and agriculture. The committees: how
Since 1910 these committees have been appointed by a selected.
complicated plan which places the selection in the hands of the whole
House.[115] The majority party in the House obtains a majority on each
important committee.
The Process of Lawmaking.—The work of the Stages in the making
committees may best be explained by describing the of a law:
various stages through which a bill passes before it becomes a law. In the
first place, any member of the House may introduce a 1. Introduction of
bill (which is a draft of a proposed law) either for bill.
himself or for someone else. He does this by writing his name on the back
of the bill and dropping it into a large basket at the Speaker’s table. During
the course of each session many thousand bills are placed in this “hopper”
as it is called. One of the Speaker’s assistants takes each bill from the
basket and refers it to the proper committee. If the bill relates to taxation it
goes to the Ways and Means Committee; if it relates to railroads it goes to
the Committee on Foreign and Interstate Commerce. Every bill goes to
some committee before the House looks at it.
When the various committees receive their bills they 2. Consideration by a
place them on a list for consideration and each is taken committee.
up in order unless the committee decides to give some bills the right of way.
Hearings on the important measures are then held. The members of the

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committee meet in their committee room and listen to the arguments of
those who desire to support or oppose the bill. Any citizen has the right to
appear and be heard. Sometimes, in the case of some important bills, such
as a tariff measure, the hearings may continue for several days or even for
weeks. The committee hearings, however, are usually held in the mornings
only, for the House is in session during the afternoons. When the hearings
are concluded the committee decides what action it will take. It may
recommend to the House that the bill ought to be passed, either with or
without changes. Sometimes a committee completely redrafts a bill and
reports it to the House in the entirely new form. But in the great majority of
cases the committees feel unfavorably towards the bills and make no report
or recommendation on these bills at all. Such measures How bills are killed in
are merely “killed in committee” and never get before committee.
the House. The House can, of course, require any committee to send up a
bill; but this it hardly ever does. Most of the bills introduced by
congressmen are put to death in this way; in fact more than eighty per cent
of them never survive the committee stage.[116] One committee acquired
such a reputation for slaughtering bills that its committee room was
nicknamed the “legislative morgue”.
But let us suppose that a bill is favorably regarded by 3. The committee’s
a committee and duly reported to the House. What report.
happens next? It is placed on one of the calendars or lists; printed copies are
made; and when its turn comes, it is laid before the House. A debate on the
bill may take place, amendments may be proposed, and votes taken.
In considering measures, the House often sits as a 4. Consideration in
Committee of the Whole. This merely means that the the House.
entire membership forms a great committee, but there are some important
differences between the House in Committee of the Whole and the regular
session. In Committee of the Whole the Speaker does not preside (but calls
some member to the chair); the strict rules of procedure do not apply; one
hundred members form a quorum (in regular session a majority of the
members are needed to furnish a quorum) and there are no roll calls. In a
word, the system enables the House to do business with less formality. At
any rate if the measure safely passes the House, it is 5. Bills are then sent
engrossed on parchment, signed by the speaker, and to the other chamber.
sent up to the Senate where it goes through the whole procedure of
committee hearings and discussion on the floor.[117]

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Having passed the Senate it is signed by the 6. The executive
presiding officer of that body and is then sent to the approval.
President for his signature. The President, as will be shown a little later,
may sign it, veto it, or allow it to become a law without his signature.
If one chamber amends a measure, and the other Conference
chamber agrees to the amendment, the bill also goes committees.
directly to the President. But what happens in case either the Senate or the
House make amendments to which the other chamber does not agree? That
is just what very frequently occurs. In such cases a conference committee is
appointed, made up as a rule of three members from each chamber. These
conferees meet and try to reach a common ground by compromise. Then,
when they have agreed, they report to their respective chambers and the
latter must accept or reject the conference report without further
amendment.
Some Tricks of the Lawmaker’s Trade.— The value of
Lawmaking is a skilled profession; it takes the average experience
Congress.
in

congressman most of his first term to learn just how it
is done. He must acquire a knowledge of the rules, written and unwritten,
the traditions, and what may rightly be called the “tricks of the trade”.
Ability as an orator does not count for much, particularly in the House. The
house chamber is a big, noisy place where only a leather-lunged speaker
can make himself clearly heard. Congressmen, moreover, do not take kindly
to long speeches; they expect members of the House to say what they have
to say in five or ten minutes. If a congressman desires to make an
impression upon the voters of his home district by sending them accounts of
his able speeches in their behalf, he can usually obtain from the House, by
unanimous consent, permission to have his speech printed at the public
expense and distributed without its ever having been delivered on the floor
of the chamber at all. When long speeches are made it is usually to waste
the time of Congress and prevent the passage of some measure to which the
speakers are opposed.[118]
Attempts to talk a measure to death are known as Filibusters.
“filibusters”. Both chambers are now able to put an end to filibusters by
applying rules which shut off further debate when a specified majority of
the members so desire; but in the old days, before these rules were adopted,
senators sometimes kept the floor hour after hour all day and all night long,
talking on every irrelevant matter, reading long extracts from books, and

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employing all their ingenuity to lengthen the debate. The proceedings in the
Senate are often interesting; but the visitor to the House gallery is likely to
be disappointed if he goes with the expectation of hearing some good
speech-making. The real work of the House is done in committee.
The Powers of Congress.—The powers of Classification of
Congress, as the lawmaking branch of the national congressional powers.
government, are set forth in eighteen clauses of the federal constitution.
Hence it is customary to speak of the “eighteen powers of Congress”,
although there are in fact more than eighteen separate powers, as anyone
will find if he takes the trouble to count them. These powers may be
conveniently grouped together under eight heads: (1) financial, the power to
levy taxes and to borrow money; (2) commercial, the power to regulate
commerce with foreign nations and among the several states; (3) military,
the power to declare war, to raise and support armies, to maintain a navy,
and to provide for organizing, arming, and calling forth the state militia; (4)
monetary, the power to coin money, to regulate the value thereof, and to
protect the currency against counterfeiting; (5) postal, the power to
establish post-offices and post roads; (6) judicial, the power to constitute
tribunals subordinate to the Supreme Court; (7) miscellaneous, including
powers in relation to bankruptcy, naturalization, patents, copyrights, and the
government of the national capital; (8) supplementary, the power to make
all laws which may be found “necessary and proper for carrying into
execution the foregoing powers”. This is a rather tedious classification of
congressional powers, but the section which enumerates these powers is, by
all odds, the most important part of the whole constitution and no one can
claim to know much about the government of the United States unless he
understands, at least in a general way, what these eighteen clauses express
and imply.
It will be noted that all the powers except the last are Express and implied
express powers, that is, they are conveyed to Congress powers.
in so many words. The last is a grant of implied authority, in other words it
is a provision for supplementing the express powers. Where Congress has
the express right to tax, to borrow, to regulate interstate commerce, to raise
and support armies, or to coin money, it has the implied right to make
whatever laws may be “necessary and proper” to carry its express powers
into full operation. Having the express power to borrow money, Congress
may therefore establish a system of banks if this is needed to render more

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easy the operations of borrowing. Having the express power to support
armies, it may place almost any sort of restriction upon industry in war
time. By the implied powers clause of the constitution the authority of
Congress is given great elasticity.
Are the Powers of Congress Broad Enough?—If the words of the
constitution had been strictly interpreted, the powers of Congress would
now be too narrow for the work which a strong national government must
perform. It is easy to understand why the framers of the constitution were
cautious about conferring broad powers upon the new government. They
were anxious that no legislative despotism should be built up in America.
But as time passed the express powers of Congress have been steadily
widened by the process of interpreting them broadly so that today the real
authority of Congress is much greater than one would suspect from a mere
reading of the constitution. For all practical purposes they are broad enough
although it is probably true that if the constitution were to be redrawn
tomorrow, the authority of the national government would be increased.
Nearly all the amendments proposed in recent years have been in the
direction of expanding the powers of Congress.
The Efficiency of Congress.—In comparison with The handicaps to
the other great parliaments and legislatures of the good work.
world, the Congress of the United States does its work fairly well. It is
rather too large in membership, and the House of Representatives would
probably gain in efficiency if it were reduced in size. Another handicap to
good work arises from the enormous grist of measures which comes
forward at every session. Congress is always under constant pressure for
time. Many millions are often voted in a single hour and it is impossible for
the congressmen to go carefully through the long list of financial items.
Until very recently, the absence of a budget system afforded an incentive to
extravagance; but this defect has now been remedied.[119]
Congress also lacks leadership. In European The lack of
countries every parliament and legislature has a leadership.
recognized leader, usually called the prime minister. He or his colleagues
present the business and carry it through.[120] There is nothing of this sort in
either the Senate or the House of Representatives. It is true that each
political party has a floor leader, but he has not effective control over his
followers. The chairmen of the various committees also supply a certain
measure of leadership, but their work is not unified. The lobby.

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Mention should also be made of the pressure which is applied to individual
members of Congress by the lobbyists. These lobbyists are hired workers,
usually lawyers, who are paid to help get measures through, or in some
cases to prevent the passage of certain laws. They are employed by
corporations, or by labor organizations, or by anyone who is deeply
concerned in measures pending before Congress. They use every form of
persuasion in their efforts to have congressmen see their side of the case.
The “lobby” has been placed under various restrictions in recent years, but
it is still an influential factor.
The Congressional Oligarchies.—We are in the The influence of
habit of assuming that the power in national lawmaking small groups in
Congress.
rests with the 531 men who constitute the Senate and
the House of Representatives; but the dominating influence is in reality
exercised by a relatively small group of men in both chambers. The
chairmen of important committees and certain others of long congressional
experience are the men whose influence counts. The rest follow their lead
for the most part. Important measures, moreover, are often discussed in a
caucus of the majority party, and the action of the caucus is considered
binding on all who attend it. A member in either chamber, especially a new
member, who displays a disposition to be wholly independent, and to
disregard the advice of his party leaders or the decisions of his party caucus
is not likely to get many favors for himself or for his district. The senator or
representative who desires to be effective finds it necessary, therefore, to
help others with their plans whether he approves them heartily or not, in
order that he may be, in turn, helped with his own. It is almost always true
that a group of thirty or forty members, on the majority side, can secure the
passage of measures which they desire and can prevent the passage of
measures to which they are opposed.[121] In this respect the Congress of the
United States does not differ much from legislative bodies the world over.
Large deliberative bodies are invariably prone to follow the lead of some
relatively small group in their own membership; otherwise they would
never make headway, and the larger the chamber the more likely is this to
be true.
General References
James Bryce, American Commonwealth, Vol. I, pp. 97-208;
Woodrow Wilson, Congressional Government, pp. 58-129;

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C. A. Beard, American Government and Politics, pp. 231-293; Ibid., Readings on American
Government and Politics, pp. 214-271;
Everett Kimball, National Government of the United States, pp. 308-378;
W. B. Munro, Government of the United States, pp. 146-218;
S. W. McCall, The Business of Congress, pp. 43-84;
Lynn Haines, Your Congress, pp. 67-109.

Group Problems
1. Is it desirable to restrict the present powers of the Senate in relation to treaties? Reasons
for giving the Senate special powers in relation to treaties. The meaning of “advice and consent”.
Washington’s attitude and experience. The action of the Senate on important treaties during the past
hundred years. The practical difficulty of obtaining a two-thirds majority. Confirmation as a barrier to
secret diplomacy. References: Ralston Hayden, The Senate and Treaties, pp. 169-195; H. C. Lodge,
The Senate of the United States, pp. 1-31; Everett Kimball, National Government of the United
States, pp. 549-551; 573; S. B. Crandall, Treaties: Their Making and Enforcement, pp. 67-92;
Congressional Record, 1919-1922.
2. The personnel of Congress. References: Types of men elected. Their occupations at home.
Their legislative experience. Are there too many lawyers? Length of service. How the personnel
might be improved. (Material for this study may be had in the Congressional Directory, and in the
various autobiographical works such as James G. Blaine’s Twenty Years in Congress; Champ
Clark’s Autobiography, etc.)
3. The merits and faults of the committee system. References: James Bryce, American
Commonwealth, Vol. I, pp. 156-166; S. W. McCall, The Business of Congress, pp. 43-60; L. G.
McConachie, Congressional Committees, pp. 58-86; Everett Kimball, National Government of the
United States, pp. 344-356; P. S. Reinsch, Readings on American Federal Government, pp. 257-264.

Short Studies
1. The old and the new method of choosing Senators. George H. Haynes, The Election of
Senators, pp. 36-129.
2. The procedure in impeachments. W. B. Munro, Government of the United States, pp. 168-
173.
3. The Speaker of the House. C. A. Beard, American Government and Politics, pp. 280-289; M.
P. Follett, The Speaker of the House of Representatives, pp. 296-330.
4. The rights of minorities. F. A. Cleveland and Joseph Schafer, Democracy in Reconstruction,
pp. 446-467.
5. The general powers of Congress. W. B. Munro, Government of the United States, pp. 208-
218.
6. How Congress legislates. Everett Kimball, National Government of the United States, pp.
350-356; P. S. Reinsch, Readings on American Federal Government, pp. 290-296.
7. An Englishman’s observation on the work of Congress. James Bryce, American
Commonwealth, Vol. I, pp. 191-208.
8. The rules of the House and Senate. Everett Kimball, National Government of the United
States, pp. 333-344.
9. Obstruction in Congress. S. W. McCall, The Business of Congress, pp. 85-92.
10. Party organizations in Congress. W. W. Willoughby and Lindsay Rogers, Introduction to
the Problem of Government, pp. 334-351.
11. The lobby. P. S. Reinsch, American Legislatures and Legislative Methods, pp. 228-298.
12. The Library of Congress. F. J. Haskin, American Government, pp. 287-288.

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Questions
1. Do the merits of the double-chamber system outweigh the objections? Why should the members
of the two chambers be chosen by different methods? Name at least three different methods of
selecting representatives.
2. What is the present value of equal representation of the states in the Senate? What legal and
practical obstacles are there to changing this system?
3. Look up and explain the following terms which are commonly used in Congress: executive
session; morning hour; union calendar; ranking member; filibuster; leave to print; pigeon-holing a
bill; pork barrel; rider.
4. What are the practical difficulties which arise when the Senate declines to confirm appointments
proposed by the President?
5. Explain the difference between an impeachment and a bill of attainder.
6. The Senate usually exercises more influence than the House in matters of lawmaking. Can you
give reasons why this should be so?
7. Tell how congressional districts are mapped out. Mark on an outline map the districts in your
state. Have any of them been gerrymandered?
8. The chairmanships of committees usually go to senior members. Do you think this a wise or
unwise practice?
9. What would be gained, and what would be lost by lengthening to four years the term for which
representatives are chosen?
10. Two women, Miss Rankin of Montana and Miss Robertson of Oklahoma, have sat in Congress.
What are the arguments for and against electing women in future?
11. Members of the House of Representatives receive salaries of $7500 per year. Is this too much
or too little? Give your reasons.
12. Congressmen are entitled to the free use of the mails. (This is called the franking privilege.)
Some years ago one senator sent nearly 750,000 copies of his speeches through the mails free. Do
you believe this privilege should be withdrawn or retained?
13. Should the rules of the House provide for unlimited debate?
14. Can you suggest any practical way in which the work of Congress might be improved?

Topics for Debate
1. The English practice of choosing non-resident representatives is advantageous and should be
adopted in the United States.
2. The states should be represented in the Senate according to their respective populations.
3. The provision relating to a reduction in representation, whenever citizens are excluded from
voting (see Amendment XIV) should be enforced.

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CHAPTER XV
THE PRESIDENT AND HIS CABINET

The purpose of this chapter is to explain how the President of the United States is chosen,
what his powers are, and what functions his cabinet performs.

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The President

The Man and the Office.—Forty years ago, an The notable
eminent English writer on American government spoke Presidents.
of the presidency as the greatest secular office in the world “to which
anyone can rise by his own merits”.[122] In view of this fact, he asked, how
does it come that the position is not more frequently filled by great and
striking men? There have been twenty-nine presidents since the constitution
went into force in 1788. Of these at least three, Washington, Jefferson, and
Lincoln have won an assured place in world history. Five or six (including
Adams, Jackson, Grant, Cleveland, and Roosevelt) displayed during their
respective terms of office some qualities which marked them as men of
uncommon force or ability. Three others are still living and their
achievements cannot yet be fairly estimated. But taking all these together,
and even adding a few more for good measure, would it not still be a fair
statement to say that at least half the presidents have been men whose
names would be entirely forgotten nowadays were it not for the fact that
they occupied the presidential chair?
Alexander Hamilton, Daniel Webster, John Marshall, Henry Clay, and
John C. Calhoun are great and striking figures in American history although
they never reached the presidency; on the other hand the nation has, at
various times, bestowed its highest honor upon men of commonplace
qualities. This, of course, was not what the Fathers of the Republic
expected. It was their anticipation that the presidential office would always
be filled by men of “pre-eminent ability and virtue”.
Why has this expectation been in part disappointed? That is a question
which can only be answered by a study of the methods by which presidents
are chosen, the relations between the office and the party system, and the
duties that presidents are required to perform.
How the President is Chosen.—The Articles of Why the plan of
Confederation did not provide for a President; indirect adopted.
election was

executive functions were performed by committees of
the Congress. But this plan was found to be altogether unsatisfactory and
the framers of the constitution decided in 1787 that the new federal
government ought to have a single executive head. How to choose this

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head, however, was a problem which gave them great difficulty and they
debated it for a long time. They did not approve a plan of election by direct
popular vote, for they feared that this might result in the choice of men who
were personally popular but had no other qualifications. Their study of
ancient and mediaeval republics made them averse to choosing the head of
the nation by direct popular vote. They were not prepared to trust the
people; in those days the risk seemed too great. On the other hand they did
not desire to have the President chosen by Congress because this would
give Congress control of the office, whereas their aim was to make the
presidency a check upon Congress. So they finally decided upon the
expedient of direct election by means of an electoral college.[123]
The Original Plan of Election.—Stated briefly the The presidential
plan which they agreed upon and inserted in the electors.
constitution was as follows: Each state shall choose, in such manner as its
legislature may determine, a number of electors equal to the state’s
combined quota of senators and representatives in Congress. A state having,
for example, two senators and twelve representatives, is entitled to fourteen
electors. On a definite date, once in four years, the electors meet in their
respective states and give in writing their votes for President and Vice
President. These votes are sealed up, sent to Washington, counted, and
announced. This plan did not contemplate that nominations should be made
in advance, or that political parties should have anything to do with the
election, or that the various states, in choosing their electors, should pledge
them to vote for any particular candidate. It was expected that the electors
would meet, discuss the merits of all the available men for the position, and
give their votes accordingly.
The Actual Methods of Election Today.—At the How the plan worked
first two elections this plan was followed. There were in the earlier
elections.
no nominations and no campaign preceding the
election. But at the election of 1796 it was well understood, even before the
electors met, that the contest would be between John Adams and Thomas
Jefferson. And as time went on the actual practice drifted further away from
the original plan of free choice by unpledged electors. Political parties grew
up; the electors were chosen with the definite understanding that they would
vote for a particular party candidate, and their share in the election became
purely nominal. In 1804 some changes were made in the method of election
but they did not affect the general plan or the current practice. Gradually the

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people took into their own hands the function of choosing the President;
everywhere the state legislatures turned the work of choosing the electors
over to them, so that the presidential elections became, in everything but
name and form, direct elections by the people.[124]
In the choice of a President there are now five steps, Five steps in the
but only two of these are of any practical importance. choosing
President:
of a

First, each political party nominates its candidate at a
national convention, as already described.[125] Second, 1. The nomination of
in each state the political parties nominate, either by candidates.
primaries or state conventions, their respective slates or groups of electors.
Third, the voters on election day decide which group of 2. The nomination of
electors shall be given the formal function of electing electors.
the President. This the voters do on the Tuesday following the first Monday
in November every fourth year. Each voter marks his 3. The polling.
ballot for a group of electors but what he really does is to indicate his
preference for one of the candidates already nominated at the party
conventions. This means, of course, that one or the other group of electors
is chosen as a whole and the state’s vote cast solidly. It rarely happens, for
example, that a state casts ten electoral votes for one candidate and five for
another; if it has fifteen votes they all go to one candidate. For this reason it
sometimes happens that a candidate receives a majority of the electoral
votes although not a majority of the popular votes, taking the country as a
whole. Fourth, the electors meet in their respective 4. The action of the
states and cast their votes. Fifth, these votes are opened electors.
in Washington and counted in the presence of Congress. 5. Counting the
Among these five steps the first and third are the votes.
important ones. The last step is nothing but a formality unless it appears that
no candidate has received a majority. In case this happens the House of
Representatives proceeds to choose a President from among the three
candidates who have stood highest. In the case of the Vice President the
choice rests with the Senate.[126]
Factors which Influence Presidential Nominations The “availability” of
and Elections.—As matters have worked out it is not candidates.
possible for anyone to be elected President without first obtaining a
nomination from one of the two leading political parties. The party
organizations and the party conventions are influenced by groups of
political leaders and these leaders are often more interested in a man’s

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strength as a candidate than in his personal qualifications for the work
which a President has to do. The consequence is that candidates have
sometimes been nominated by party conventions because they were
compromises on whom opposing factions of the party could agree, or
because they could be counted upon to carry some important state at the
polls, or for some other reason having nothing to do with the executive
capacity of the individual concerned.
A big national convention, comprising more than a “Dark horses”
thousand delegates, cannot be expected to do its work with calm
deliberation or to weigh carefully the personal qualifications of all those
who seek to be nominated. If there is a prolonged contest between two or
three strong candidates, no one of whom can obtain the requisite number of
votes in the convention, the delegates in their impatience are likely to turn
to a “dark horse”, that is to someone less prominent on whom there is a
chance of agreement.[127] This has often happened.
The real work of nominating candidates is not done on the floor of the
convention. The plans are laid and put into operation by groups of leaders in
private conferences, the delegates following these leaders when called
upon. And the fact that a candidate possesses “great and striking qualities”
does not always commend him to these party leaders. On most occasions
they are likely to prefer a man who, if elected, will work in harmony with
the party organization rather than take the reins of office wholly into his
own hands.[128] By various combinations of circumstances, therefore, men of
mediocre quality have sometimes been nominated.
Narrowness of the People’s Choice.—A nomination The election may turn
by one of the two leading parties is in some cases upon various things.
almost equivalent to election. There are times, of course, when the election
turns chiefly upon the merits of the two leading candidates; but more often
the result is determined by other factors entirely. Each candidate embodies
the strength of his party as well as his own, and each political party is for
various reasons stronger in some years than in others. When a party has
been in power for a term of years the people usually grow disgruntled with
its policy and refuse to support the candidate of that party at the next
election no matter how capable he may be. There is every reason to believe
that the Democratic candidate was doomed to defeat in 1920 no matter who
he might have been. When one political party remains in power for eight or
twelve years it makes many enemies; people find fault on one score or

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another and decide that they will vote for a change. Even a strong candidate
in such circumstances has very little hope of winning.
Public opinion is a very fickle thing. It exalts a public man as a hero
today and execrates him tomorrow. It is strong for one policy this year and
often veers around to something quite different a year or two later. Men are
borne into the presidential office on this surging tide, sometimes without
much reference to their individual qualifications. They are nominated
because they are acceptable to the party leaders, or because they come from
some strong and doubtful state, or because they are agreed upon by
compromise, or for any one of a dozen other reasons. The capacity of the
man is not always, and indeed not usually, the chief factor in determining a
presidential nomination.[129] Under the circumstances the wonder is that the
country has obtained, in the presidential office, such a high general level of
personal capacity and character.
Powers of the President.—The actual powers of the Presidential powers:
President are greater than those of any other ruler in the world, whether
hereditary or elective. He is the chief engineer of a great mechanism which
controls an army, raises several billion dollars a year in taxes, enforces
laws, regulates commerce, and employs the full time of more than half a
million public officials. Congress makes the laws, it is true; but were it not
for the President and those whom he appoints, the laws would not be
enforced. Congress decides what taxes shall be levied; but the President and
his subordinates collect them. Congress appropriates money out of the
treasury; but the executive branch of the government, of which the
President is the head, spends the money. The President, in other words, is
the nation’s chief executive—he is charged with the duty of executing the
laws. This is a large responsibility and a good deal of the work is
necessarily entrusted to subordinates whom the President appoints.
The appointing power is, then, an important phase of 1. Appointments.
the President’s authority. He names all the higher officials of the
Government subject to confirmation by the Senate as has already been
explained. He has the power to remove any national official. In the case of
minor officials he may, and usually does, depend upon the advice of
senators or congressmen both as regards appointments and removals; but in
the case of all high officers these things must have the President’s personal
attention. Naturally they take a great deal of his time.
2. The executive veto.

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In relation to Congress the President has the right to make
recommendations and to veto any measure which he does not approve.
These recommendations he may make either by written message or by
appearing before Congress in person. The veto power places a powerful
weapon in the President’s hands. Every bill or resolution which passes both
Houses of Congress must be laid before the President. If he approves, he
signs it. If not, he is entitled, at any time within ten days, to return the bill or
resolution without his signature, giving his reasons for the refusal to sign.
When the President vetoes a measure in this way Scope of the veto
Congress reconsiders it and a vote is then taken to power.
determine whether the action of the President shall be sustained or
overridden. If two-thirds of the members present in both the Senate and the
House vote to override the veto, the measure becomes effective; if less than
two-thirds so vote, the measure becomes null.
But suppose the President neither signs nor vetoes The “pocket veto”.
the measure within ten days after it is sent to him, what then? The
constitution provides that in such case the measure shall become a law. If
Congress adjourns before the ten-day period has expired, however, the bill
does not become a law. It is not necessary for a President to veto any
measure that may come to him during the ten days immediately preceding
the adjournment of Congress. If he does not approve the measure, he
merely withholds his signature and it dies on his table. This is known as the
“pocket veto”.
The veto power has been used very little by some Its use and abuse.
presidents and a great deal by others. During the first forty years of the
Republic only nine bills were vetoed. But during the past forty years
presidential vetoes have been very common. When a measure has been
vetoed there is great difficulty, as a rule, in obtaining the necessary two-
thirds vote to override the veto; but vetoes, nevertheless, are occasionally
overcome. The use of the veto, although it is an exercise of executive
power, makes the President a vital factor in legislation. Under ordinary
circumstances he can defeat any measure that is not acceptable to him.[130]
There are exceptions to this rule, to be sure, but it is valid in the main.
Although the power of appointment and the veto 3. The conduct of
power in normal times the two chief sources of the foreign relations.
President’s authority, he has others of considerable importance. He conducts
relations with foreign governments and negotiates all treaties. Treaties do

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not become valid, however, until ratified by the Senate. He decides whether
ambassadors and other diplomats sent to Washington from other countries
shall be formally recognized. He has power to pardon offenders sentenced
in the federal courts. He is commander-in-chief of the military and naval
forces. All these functions are vested in the President by the constitution
and the laws.
Other powers have been acquired by usage, for 4. Other powers.
example, the right to have a large voice in controlling the policy of the
political party to which the President belongs. The President is a party man,
a party leader. He is elected on a party platform. The people expect the
President to carry out the pledges which this platform contains. To do this
the President finds it necessary at times to take the initiative in securing the
passage of laws by Congress and also to bring influence to bear upon the
members of both Houses. Strictly speaking, the President has no formal
share in the making of the laws; but as a matter of usage he has a highly-
important influence upon legislation.
Succession to the Presidency.—In case the President should die, or
resign, or be removed by impeachment, or be otherwise incapable of
performing his duties, the Vice President succeeds. In the absence of the
Vice President it has been provided by law that the members of the cabinet,
beginning with the Secretary of State, have the right of succession
according to the seniority of their offices.[131] No President has ever resigned
or been removed from office. On several occasions, however, a Vice
President has succeeded by reason of a President’s death. Some presidents
have been seriously ill during their terms of office, and President Wilson
was absent in France for several months during 1918-1919; but in no case
has the Vice President been called upon to exercise the presidential
functions.
The office of Vice President, apart from the right of The Vice President.
succession which it carries, is not of much importance. In selecting their
candidates for the office the two leading political parties have usually given
very little thought to the problem of getting the most capable man. By the
time the great task of nominating a candidate for the presidency has been
finished, the delegates are in a mood to get home. They will not spend hours
and days taking ballot after ballot for the second place on the ticket. Apart
from presiding in the Senate the Vice President has no regular official
duties, but there is the ever-present chance that he may have to step into the

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chief executive position. For that reason the work of selecting candidates
ought to be done more carefully than has usually been the case.

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The Cabinet

The Cabinet.—The constitution makes no definite The whole cabinet
provision for a cabinet. Its framers expected that the system rests on usage.
President would appoint subordinates to assist him in the performance of
his numerous functions and they made allusion to these officials; but there
was no anticipation that the officials in charge of the various departments
would be formed into an organized branch of the government. So the
cabinet rests upon usage, not upon the constitution or the laws. The same is
true of the cabinet in England. It has no legal status, exercises no formal
powers, keeps no records, and has no fixed membership. The prime minister
selects, for membership in the cabinet, whomsoever he pleases, the only
restrictions being that they shall have seats in parliament and that the
cabinet as a whole shall have the support of a majority in the House of
Commons. The President of the United States has an even wider range of
choice in the selection of his cabinet. He is not bound to choose a group of
men who control a majority in either branch of Congress. His cabinet may
be as large or as small as he chooses to make it. By usage, however, the
American cabinet consists of the heads of the national administrative
departments, these departments having been at various times established by
law.[132] There are now ten such departments and hence ten members of the
cabinet. The ten departments are as follows: State, Treasury, War, Navy,
Post-Office, Interior, Justice, Agriculture, Commerce, and Labor. The head
of each is appointed by the President with the confirmation of the Senate;
but for more than eighty years this confirmation has never been refused.
The heads of departments are responsible to the President alone and may be
dismissed by him at any time. They are not permitted to have seats in either
the Senate or House of Representatives.
The Functions of the Cabinet.—In describing the The cabinet’s
functions of the cabinet it is advisable to make, at the functions:
outset, a distinction between those duties which are performed by the
cabinet as a whole, and those which pertain to the members of the cabinet
individually, as heads of their own departments.
The cabinet as a whole has no legal authority.[133] It is 1. As a body.
merely a group of high officials which the President calls together once or

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twice a week to discuss such matters as he chooses to lay before it, or
matters which he permits individual members to bring up. The President
may follow its advice or he may not. He does not need the approval of the
cabinet for any of his actions. At the same time it has become the custom to
consult the cabinet on practically all important questions of general policy
and to give considerable weight to the cabinet’s advice. How much this
weight will be depends, in large measure, upon the temperament and
attitude of the President himself.[134]
Meetings of the cabinet are not public; no records are kept or printed.
Nobody knows what goes on at the meetings of the cabinet except those
who are present. It is a point of honor among the members that no one will
disclose the proceedings to outsiders. Thus the cabinet always presents an
outward appearance of being unanimous. If any member cannot work in
harmony with the President or with his fellow-members, he is expected to
resign.
More vital than the functions of the cabinet as a 2. As individuals.
whole are those which its members perform, as individuals, as heads of
their departments. Every member of the cabinet, as has been mentioned, is
the head of a department, and as such is given charge of some branch of the
government’s work, subject at all times, however, to the direction of the
President. The functions of each department are indicated, in a general way,
by their respective titles.[135] These duties are so numerous and so varied that
the various departments are divided into bureaus, each bureau having
charge of a certain division of the work. On all routine matters the head of
the department has practically independent authority, but questions of
general policy and those which affect more than one department are either
discussed at cabinet meetings or taken to the President for his decision.[136]
Should the Cabinet be Enlarged?—Proposals are now under
consideration for enlarging the cabinet by the creation of a department of
education and a department of public health. It is contended, and perhaps
rightly, that the work of the national government in these two fields is
sufficiently important to warrant their being placed upon the same footing
as agriculture, labor, and commerce. As an alternative it has been suggested
that education and public health might be combined into a single
department of public welfare; but the objection to this is that the two things
have no close relation to each other. There is a feeling, moreover, that the
cabinet should not be made much larger than it now is. If every request for

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the creation of a new department were granted, the cabinet would soon
become too cumbrous for the effective performance of its advisory
functions.
American and English Cabinet Systems Compared.—The cabinet
system in the United States is like that of England in some respects and
different in others. These similarities and contrasts may be made clear by
putting them in parallel columns.
Similarities

1. The American cabinet system 1. The English cabinet system also
rests on custom or usage. rests on usage, having no basis in
the laws of England.

2. Members of the American 2. Members of the English cabinet
cabinet are chosen by the chief are selected in the name of the
executive—the President. nominal chief executive—the
king, by the actual chief executive
—the prime minister.

3. Members of the American 3. Members of the English cabinet
cabinet are heads of are also heads of departments; but
departments. in England not all heads of
departments become members of
the cabinet.

4. The American cabinet advises 4. The English cabinet, through the
the President. prime minister, advises the king.

Contrasts

1. Members of the American 1. Members of the English cabinet
cabinet are not permitted to sit must be members of parliament.
in Congress.

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2. Members of the American 2. Members of the English cabinet
cabinet are responsible to the are responsible to the House of
President only; they do not have Commons and must resign
to resign if they fail to retain the whenever they lose the support of
confidence of Congress. a majority of that chamber.

3. The American cabinet does not 3. The English cabinet is the “great
prepare business for Congress standing committee” of
nor assume any formal initiative parliament, preparing all important
in law-making. measures for its consideration and
assuming a definite leadership in
the making of laws.
Which is the Better Plan?—The relative merits of Merits and defects of
the American and English cabinet systems have been each plan.
much discussed by writers in both countries. The American plan enables the
executive branch of the government to retain its independence and thus
prevents the lodging of too much power in the hands of Congress. The
English system makes the House of Commons the supreme governing organ
of the realm, with no legal checks upon its omnipotence. It affords,
moreover, a degree of leadership in legislation which the American plan
fails to provide. The American system, on the other hand gives the
individual member of Congress greater scope for independent action in that
he is not confronted, at the beginning of each session, with a cut-and-dried
program arranged in advance by the cabinet.
No one can say that either system is of itself better than the other. As well
might it be argued that an elephant is stronger than a whale. The strength of
each depends upon its environment. The American cabinet system fits into
the American scheme of government; the English system would not do this
unless our whole plan of government were greatly changed.
Should Members of the Cabinet Sit in Congress? The arguments in
—The chief defect of the American cabinet system, as favor.
thoughtful men now realize, is the fact that while members of the cabinet
and members of Congress are deeply interested in the same work, they are
kept at arm’s length apart. Members of the cabinet have information of
great value to Congress; and Congress is usually desirous of knowing their
opinions on public questions. On the other hand the work of the various
departments, over which members of the cabinet have supervision, depends

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largely upon the action of Congress. Congress votes them the money which
they spend and makes the laws under which they spend it. Why not bring
the two bodies into closer contact by permitting members of the cabinet to
sit and speak, but not to vote, in both houses of Congress? This has
frequently been proposed and it could be accomplished, if Congress so
desired, by a change in the rules.
There are practical objections, however, to any such The arguments
arrangement. It would greatly increase the President’s against.
influence over the work of Congress by giving him ten agents—usually
men of ability and experience—in each chamber. They would have no
votes, it is true; but their argumentative powers would count. The President
would doubtless select as members of his cabinet persons who, by their
abilities and logic, could exert a strong influence upon the lawmaking
bodies. It is also pointed out as an objection that members of the cabinet
already have enough to do in attending to the affairs of their own
departments. Were they to spend their time in attending sessions of the
Senate and the House, they could not give adequate supervision to their
other work, and the administrative branch of the government would suffer
in consequence. When Congress now desires information or an expression
of opinion from any member of the cabinet, moreover, it is always possible
to obtain what it wants by inviting him to appear before a congressional
committee. This partly serves the purpose which would be attained by
giving members of the cabinet the right to sit and speak in Congress.
General References
James Bryce, American Commonwealth, Vol. I, pp. 38-96;
Woodrow Wilson, Congressional Government, pp. 242-293; Ibid., Constitutional Government in
the United States, pp. 54-81;
W. H. Taft, Our Chief Magistrate and His Powers, especially pp. 1-28;
C. A. Beard, American Government and Politics, pp. 166-230; Ibid., Readings in American
Government and Politics, pp. 154-213;
Everett Kimball, National Government of the United States, pp. 140-270;
James T. Young, The New American Government and Its Work, pp. 10-44;
W. B. Munro, Government of the United States, pp. 88-145;
P. S. Reinsch, Readings on American Federal Government, pp. 1-78;
W. W. Willoughby and Lindsay Rogers, Introduction to the Problem of Government, pp. 178-
195; 323-333.

Group Problems
1. The actual steps in the election of a President. The original plan of election. What the framers
of the constitution intended. The early elections. Growth of a nominating system. The caucus. The

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convention. Presidential primaries. Factors affecting the nomination. Doubtful states. Functions of
the electors today. Counting the electoral votes. The part of Congress in presidential elections.
Suggested changes in the system. Should the electoral college be abolished? References: Max
Farrand, The Framing of the Constitution, pp. 160-175; The Federalist, No. LXVII; J. H.
Dougherty, The Electoral System of the United States, pp. 13-31; E. B. Stanwood, History of the
Presidency, pp. 1-19; C. A. Beard, Readings in American Government and Politics, pp. 154-163;
Everett Kimball, National Government of the United States, pp. 140-167; Arnold B. Hall,
Popular Government, pp. 98-119 (The Presidential Primary).
2. The increased powers of the President in war time. References: The Federalist, No. 74; W. F.
Willoughby, Government Organization in War Time and After, pp. 1-21; W. B. Weeden, War
Government, pp. 319-358; W. Whiting, War Powers under the Constitution, pp. 66-83; Emlin
McClain, Constitutional Law in the United States, pp. 201-212; P. S. Reinsch, Readings on
American Federal Government, pp. 22-31; Allen Johnson, Readings in American Constitutional
Law, pp. 474-481; Everett Kimball, National Government of the United States, pp. 188-194.
3. The American and English cabinet systems. References: James Bryce, American
Commonwealth, Vol. I, pp. 85-96; John A. Fairlie, National Administration, pp. 54-69; C. G. Haines
and B. M. Haines, Principles and Problems of Government, pp. 259-279; H. B. Learned, The
President’s Cabinet, pp. 9-43; Jesse Macy and J. W. Gannaway, Comparative Free Government, pp.
81-95; 395-402; 421-446.

Short Studies
1. The personality of Presidents. T. F. Moran, American Presidents, pp. 9-115.
2. Why great men are not elected. James Bryce, American Commonwealth, Vol. I, pp. 69-76.
3. The Hayes-Tilden contested election of 1876. E. B. Stanwood, History of the Presidency, pp.
356-393.
4. The President’s veto power. Allen Johnson, Readings in American Constitutional History, pp.
370-379; E. C. Mason, The Veto Power, pp. 24-140; H. J. Ford, Rise and Growth of American
Politics, pp. 175-187.
5. The President’s control of foreign relations. E. S. Corwin, The President’s Control of Foreign
Relations, pp. 84-125; Allen Johnson, Readings in American Constitutional History, pp. 393-404.
6. The President’s appointing power. Everett Kimball, National Government of the United
States, pp. 181-188; L. M. Salmon, “The Appointing Power of the President”, in American
Historical Association, Annual Report (1899), Vol. I, pp. 67-86.
7. The President as a party leader. C. L. Jones, Readings on Parties and Elections, pp. 205-211;
Jesse Macy, Party Organization and Machinery, pp. 25-42.
8. Daily life in the White House. Benjamin Harrison, This Country of Ours, pp. 159-180.
9. How a cabinet is formed. H. B. Learned, History of the President’s Cabinet, pp. 110-134.
10. The cabinet’s relation to the President. Everett Kimball, National Government of the
United States, pp. 207-217.
11. Is there need for a readjustment between the executive and legislative branches of the
government? F. A. Cleveland and Joseph Schafer, Democracy in Reconstruction, pp. 423-445.
12. The actual work of the administrative departments. F. J. Haskin, American Government,
pp. 14-26 (The State Department); 27-39 (The Treasury Department); 78-90 (The Department of the
Interior).

Questions
1. Study carefully Article II, Sections 2-7, also Amendment XII, of the constitution, and then
answer these questions: (a) In what respects was the method of election changed by this amendment?
(b) In case no candidate receives a majority of the electoral votes how is the President chosen? The

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Vice President? Explain how it would be possible to have a President from one party and a Vice
President from another. (c) If a retiring President or Vice President, immediately after election in
November, should desire to have his successor take office at once, without waiting for the regular
inauguration date in March, how could this be done?
2. Explain how a candidate for the presidency may obtain a majority of the people’s votes at the
polls and yet not be elected. (This has happened on more than one occasion.) Do you think it a fair
arrangement?
3. What are the qualifications for the presidency: (a) legal requirements; (b) practical
requirements? Compare them with those for the vice presidency under both heads.
4. Make a list of the qualities which you think a President ought to possess, placing them in order
of their importance. Name the President whom you would regard as having each of these qualities in
the highest degree. What qualities do you associate with the names of Madison, Jackson, Buchanan,
Cleveland, Roosevelt?
5. Explain the veto and the pocket veto. Would you be in favor of abolishing either? Ought the
opinion of a single man to prevail against the decisions of a majority of the senators and
representatives?
6. Ought the President to give up all connection with his party on assuming office and be a non-
partisan, representing all the people?
7. Explain why the President has so much greater power in war time than in time of peace.
8. Do you think that a President, in choosing members of his cabinet, should be guided by any of
the following motives and, if so, how much weight should he give to them: (a) to have all parts of the
country represented in the cabinet; (b) to obtain men of long political experience; (c) to reward those
who have supported him; (d) to strengthen himself for re-election; (e) to give representation to both
the radical and conservative elements?
9. Since the Attorney-General is always a lawyer, the Secretary of Agriculture usually a farmer,
and the Secretary of Labor usually a member of a labor union, why should not the Secretary of War
be a soldier and the Secretary of the Navy a sailor?
10. Look up in the Congressional Directory and tell what department has jurisdiction over the
following matters: consular service, pensions, the mint, animal industry, child labor law enforcement,
education, forestry, the census, Indian affairs, lighthouses, rural free delivery, relations with the
Philippine Islands, inspection of drugs, payment of interest on Liberty Bonds, naturalization,
passports, dredging of harbors.

Topics for Debate
1. The President should be ineligible for re-election.
2. The following new departments should be created and given representation in the cabinet: (a)
Public Health; (b) Education; (c) Public Welfare.
3. Members of the cabinet should be permitted to speak, but not to vote, in Congress.

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CHAPTER XVI
THE COURTS, THE LAW, AND JUDICIAL PROCEDURE.

The purpose of this chapter is to show how the courts are organized and what systems of law
they administer.

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The Courts

The Highest Court in the Land.—Visitors to the The supreme justices.
Capitol at Washington on any week day from October to June are usually
interested to see a group of nine distinguished-looking men, robed in silk
gowns, passing at noon through the long corridor into a room where a clerk
begins to call out, “Oyez! Oyez!”[137] This is the Supreme Court of the
United States, the highest court in the land and the most powerful tribunal
in the world. It consists of a chief justice and eight associate justices, all of
them appointed for life by the President with the consent of the Senate.
They cannot be removed from office except by impeachment. The court
holds its sessions in the chamber which was used by the Senate in the days
when that body was small. The justices sit in a row, the chief justice in the
center, with four associates on each side of him. There is no jury, and for the
most part the court simply hears the arguments of attorneys on points of law
in cases which have been appealed. The sessions begin at twelve o’clock,
and continue, with a brief interruption for luncheon, until late in the
afternoon. Every Saturday morning the court meets behind closed doors to
agree upon its decisions and on Mondays the decisions are publicly
announced. These nine justices are the supreme guardians of the
constitution, entrusted with the duty of seeing that its provisions are duly
respected by all officials of government from the President and Congress
down to the humblest officeholder. Their mandate is binding upon everyone
within the jurisdiction of the United States.[138]
The Supreme Court’s Power.—Congress, as has The power to declare
been pointed out, is the lawmaking branch of the laws unconstitutional.
federal government. With the approval of the President its power to enact
laws, within the limits prescribed by the constitution, is complete and final.
The state legislatures are the lawmaking organs of state government and
with the approval of the governors the authority of the state legislatures to
make laws within limits prescribed by the national and state constitutions is
also complete and final. Yet the Supreme Court, by a majority vote of its
nine justices, may nullify laws passed by either Congress or the state
legislatures. It has done so on many occasions. Why have we given to this

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small group of men, appointed for life, the power to set aside the action of
the people’s representatives?
The answer is this: American government, both in the Reason for this
nation and in the states, rests upon certain fundamental authority.
rules which are embodied in written constitutions. These rules determine,
among other things, the powers and functions of government officers and
bodies, including Congress and the legislatures. They have been placed in
the national and state constitutions with the intent that they shall be obeyed,
and if they were not obeyed one branch of the government would be
encroaching upon the powers of the other. But how can powerful bodies
like Congress and the state legislatures be held to the obedience of rules laid
down in the national constitution? The Supreme Court performs this duty
by declaring “unconstitutional” any law which, in its judgment, violates the
provisions of that document. The constitution, for example, provides that
Congress shall pass no bill of attainder. If Congress should enact a measure
of that kind, the court would nullify it. The constitution stipulates that no
state shall make any law impairing the obligations of contract. If any state
legislature should enact such a law, the Supreme Court would declare it to
be unconstitutional and void.
Now this does not mean that the justices of the Limitations upon the
Supreme Court have the right to veto any measure at discretioncourt.
of the

their discretion. They have nothing to do with the
merits of a measure, nothing to do with the question whether it has been
wisely passed. The only issue they decide is whether a law conforms to the
provisions of the constitution. If they find that it does not, they have
authority to set it aside. And so long as government is based upon written
constitutions there must be some body with power to decide whether a law
is constitutional or not. Every branch of the government is under a natural
temptation to extend its own authority. State legislatures would like to have
a share in regulating the trunk railroads; Congress would like to decide how
much money may be spent by candidates for senatorial nominations. Both
of them have tried to extend their authority in these directions during the
past few years although the constitution does not warrant their so doing. We
must have some body, therefore, endowed with the right to say to all public
officials and legislative bodies: “Thus far shall you go and no further; here
is the point where your authority, under the constitution, comes to an end.”

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It is quite true that decisions of the Supreme Court The Supreme Court’s
are sometimes unpopular. People who are eager for power is essential.
humanitarian reforms, when they see the Supreme Court annulling
measures which Congress has passed to protect women or children, or the
weak or the poor, are in the habit of crying out that the court is an obstacle
to progress and that its power to declare laws unconstitutional should be
taken away. They overlook the fact that if there were no supreme tribunal to
keep Congress within its constitutional limits, it would be easy for
Congress, step by step, to take away all the powers now possessed by the
states and to centralize at Washington the entire government of the country.
Under a federal system of government, with powers divided between the
nation and the states as they are in this country, disputes as to where a
particular power belongs are sure to arise. How could we devise a more
satisfactory plan of deciding these disputes than by referring them to an
impartial body of nine men chosen for life from among the ablest jurists of
the land? Do we propose to abolish the powers of juries because they
sometimes render unpopular verdicts? People sometimes question the
wisdom of the Supreme Court, but no one has ever doubted its integrity.[139]
How Cases Come Before the Federal Courts.— Scope of the federal
The authority to try cases is divided by the national courts’ jurisdiction.
constitution into two parts, and each part is assigned to two separate
systems of courts. Certain classes of cases are named in the national
constitution as falling within “the judicial power of the United States” and
these cases are tried in the federal courts. All other classes of cases (and this
includes the great majority of legal disputes) are left to the state courts. The
controversies named in the national constitution as matters for trial in the
federal courts are those which it did not seem wise to let the various state
courts decide, for example, cases arising out of treaties made by the United
States, or controversies between two states, or between citizens of different
states. This is a wise arrangement, for if the state courts could say the last
word on the interpretation of treaties, the nation might easily find itself
forced into trouble with foreign countries. If cases between citizens of
different states were tried in the courts of either state, there would be a
temptation for these courts to favor their own citizens. Even the rule which
requires that cases affecting ambassadors shall be heard in the federal courts
has a good reason, for the United States guarantees to all foreign
ambassadors the privileges of international law and must be in a position to

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see that these guarantees are respected. The entire list of cases over which
federal courts have jurisdiction is so clearly set forth in the constitution that
there is no need for repeating it here.[140]
When any dispute arises between individuals or How jurisdiction is
corporations the lawyers who bring the suit determine determined.
whether the matter is one for the federal or the state courts to hear. This they
do by considering whether the controversy comes within any of the classes
named in the constitutional provision just mentioned. If they find that it
does, the suit is usually commenced in the federal courts; otherwise it is
begun in the state courts. Most suits begin in the lowest court, and, if the
decision is not satisfactory, can be carried on appeal to the higher federal or
state courts as the case may be, until finally a very small proportion of them
reach the Supreme Court.[141] But not all cases which are heard in the lower
federal courts, or in the state courts, can be brought up to the Supreme
Court of the United States. If that were permitted, the Supreme Court would
never be able to handle all the business which would come before it. From
the lower federal courts only cases of great importance can be brought to it,
and from the state courts only controversies in which some provision of the
national constitution is involved.
The Lower Federal Courts.—The lower federal courts are called
district and circuit courts. The country is divided into about one hundred
judicial districts, in each of which there is a United States district court with
a judge, a marshall, and a district attorney, all appointed by the President.
Next above these courts are the circuit courts of appeals. There are nine of
these courts, each having jurisdiction within a certain section of the country.
A circuit court of appeals has from two to four judges, appointed by the
President, and also has its own court officials. These courts derive their
name from the fact that they go “on circuit”, that is, they move about from
one large city to another within their respective sections of the country
holding sessions in each. In most cases they have final jurisdiction.[142]

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The Law

What is Meant by the Law.—Having outlined the organization and
jurisdiction of the federal courts, the question next arises: What branches of
law do American courts administer? We often speak of the courts as
administering “justice ”, and it is no doubt true that their decisions
usually@ possess the quality of justice; but what the courts really
administer is the law. The law may be just or unjust, and it is very difficult,
if not impossible, for any court to wring justice out of an unjust law. Where
injustice is done, the law and not the court is in most cases to blame.
The Common Law.—Speaking broadly the system How the common law
of jurisprudence which American courts administer is developed.
made up of three branches, known as common law, statutory law, and
equity. Of these the common law is made up of various time-honored
usages, some of which go back many hundreds of years. The common law
began its growth in mediaeval England when there were very few written
rules, and the courts found it necessary to decide cases in accordance with
the usages or customs of the people. Gradually these decisions became
uniform, one court following the example of another, until this body of
usages interpreted by judicial decision became “common” or universal
throughout the whole realm of England although it had never been so
established by any action of parliament. Thus the rule developed that no
man should be compelled to testify against himself, that mere hearsay
should not (with certain exceptions) be received as evidence, that all
witnesses should be put upon oath, that questions of fact should be decided
by juries, that agreements to restrain trade in an unreasonable manner were
punishable, and so on.[143] During several centuries a great body of legal
rules developed in this way and the system of common law was brought by
the English colonists to America, where it speedily took root and was
administered by the colonial courts.[144] After the Revolution it was
continued and it still remains the groundwork of the law in all the states
except Louisiana. Of course it has been gradually modified during the past
hundred or more years by court decisions and by statutes, and it still keeps
on changing.

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Statutory Law.—Second, there is statutory law. This is law made by
definite action of the people or their representatives. Constitutions are in
effect statutory law, supreme statutory law. Laws enacted by the people
through the initiative and referendum are statutory law. Statutes.
Most statutory law, however, consists of laws made by Congress, by the
state legislatures, by city councils, and by other regular lawmaking bodies.
[145]
These enactments supplement or alter the common law. Until a statute is
passed affecting any question, the common law prevails. Whenever a statute
conflicts with a provision of the common law, the statute prevails. But when
ordinary statutes conflict with the constitution, the constitution prevails.
Enormous numbers of statutes are enacted each year by Congress and the
legislatures of the forty-eight states. They now form the larger part of the
whole system of law.
The Need for Greater Uniformity in Statute Law.—In many matters of
business the fact that the statutes are different in every one of the forty-eight
states is a great disadvantage. When wholesale dealers sell goods on credit
to merchants in far-off states they want to know just what the laws provide
in the matter of collecting debts. The only way to do this is to enquire into
the statutes of each state where goods are sold. So it is with wills, contracts,
notes, and so on. In some states a will must have three witnesses; in others
only two. The man who endorses a note in one state assumes greater
liabilities than are assumed by endorsers somewhere else. To remedy this
situation there is a strong movement to secure uniformity among all the
states in the case of certain important statutes (for example, the statutes
relating to sales). A commission of eminent lawyers has been at work for
years preparing uniform laws on various subjects and some of these have
been adopted by the legislatures of many states. A uniform statute relating
to negotiable instruments (notes, bills of exchange, etc.) has now been
adopted by more than forty states, and a uniform sales act by about a dozen
of them.
Equity.—Finally, there is the branch of jurisprudence known as equity.
People think of this word as implying something that is more just than the
law, something which has its roots in the conscience of the judge rather than
in the statute books. But equity as actually administered in the courts is
made up of formal rules which the judges apply in certain cases without
having much discretion in the matter. The rules of equity are written in
books just like the rules of law, and they are about as precise.

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The origin of these rules is an interesting story which The origin of equity.
cannot be narrated here save in the briefest way. In early England there
grew up, side by side with the common law, a set of unwritten rules
administered by the chancellor, who was called the “keeper of the king’s
conscience” and to whom people could appeal for relief when they felt that
they had not received justice in the courts of common law. At the outset the
chancellor, whose office eventually grew into a Court of Chancery, decided
every case on its own merits; but in due course all cases of the same kind
came to be decided in the same way, and thus a set of rules or principles
was gradually formulated. With further growth these rules of chancery or
equity were gathered together, arranged logically, put into written form,
applied by the English courts, brought to America in colonial days, retained
after the Revolution, and they continue in force at the present time.
The differences between law and equity are too technical to be explained
here; even lawyers sometimes fail to understand them thoroughly.[146] Cases
in equity often result in the issue of injunctions and the issue of these
injunctions in labor disputes has given rise to much complaint. (See pp.
407-408.) Both equity and law are usually administered by the same courts.
[147]

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Judicial Procedure

The Jury System.—When a legal dispute arises between individuals or
corporations, or when some offence is charged against a person, there are
usually two questions to be decided. The first question is: What are the
facts? What actually took place? The second question is: What does the law
provide with reference to these facts? If you charge someone with having
done you a wrong, it is not enough to prove your charge; you must also
convince the court that common law, or statutory law, or equity gives you
the right to redress. The first question in most important cases, both
criminal and civil, is decided by a jury; the second question by a judge.
The Grand Jury.—There are two kinds of juries, How the grand jury is
both of which are selected in much the same way, but chosen.
their functions are quite different. The first is called the grand jury. It is a
body of men, varying from seven to twenty-three in number, chosen by lot
from among the qualified voters of the county or district, and charged with
the duty of investigating whether crimes have been committed. Evidence is
presented to it by the prosecuting attorney, or the grand jury may make
investigations on its own behalf. It conducts an Its work.
investigation, not a trial. If it decides by a majority vote that there are
reasonable grounds for placing any person on trial, it submits to the court a
true bill or indictment. If it believes that any conditions within the county or
district are wrong and ought to be remedied, it submits to the court a
statement of these conditions, which is called a presentment. When a person
is indicted by a grand jury, this does not mean that he has been proved
guilty but merely that, in the grand jury’s opinion, he ought to be placed on
trial. The grand jury does not hear the accused person’s side of the case. Its
purpose is to protect individuals from being put to the inconvenience and
humiliation of a public trial unless there are reasonable grounds for doing
this.[148]
The Trial Jury.—The other jury is known as the trial How the trial jury is
jury or petit jury and practically always consists of chosen.
twelve persons. The method of selecting a trial jury is, in general, as
follows: Some public official who is entrusted by the law with this duty
makes a list of the persons who are liable for jury service. This list is

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usually compiled from the roll of voters, leaving off all persons (such as
lawyers, physicians, public officials, and so on) who are exempted by law
from jury duty. From this list a certain number of names, perhaps fifty to a
hundred, are then selected, usually by lot. These individuals are thereupon
summoned to court, where they form what is known as the jury panel. One
by one their names are called in court and the lawyers on either side of the
case are given an opportunity to state their objections.[149] When twelve
persons have been found to whom there is no objection from either side,
these twelve constitute the jury and proceed to hear the facts of the case.
The trial jury, however, may hear only such evidence as Its work.
the judge permits it to hear, for the question whether any item of evidence
can be permitted is a question of law. The value of the evidence, after the
judge has allowed the jury to hear it, is for the jury to determine.
The usual procedure in a jury trial, therefore, is this: Jury procedure.
When the jury has been chosen and sworn to decide the issue fairly, the
prosecuting attorney (or, in a civil case, the counsel for the plaintiff) states
briefly to the court what he intends to prove. Then the witnesses for the
prosecution, or for the plaintiff, are called, put upon oath, and questioned.
As each witness finishes his direct testimony the defendant’s counsel takes
him in hand for cross-examination. The purpose of this cross-examination is
to test the witness, to see if he is telling the truth, or to induce him to say
things which will weaken his original testimony.[150] When the witnesses for
the prosecution have finished, the witnesses for the defendant are called and
they likewise are cross-examined by the other side. After all the testimony
is concluded the counsel on both sides make addresses to the jury, the judge
explains to the jurymen the points of law bearing on the case, and the jury
retires to consider its verdict. This it does in secret, remaining in a room
which no one is allowed to enter or leave.
In criminal cases the verdict must be unanimous one Second jeopardy.
way or the other; if not, the case has to be tried all over again.[151] In civil
cases unanimous verdicts are required in some states but not in others. The
verdict, whatever it may be, is reported in open court and is ordinarily
conclusive. In some cases, however, the presiding judge is empowered to
set a unanimous verdict aside and to order a new trial.[152] Where an accused
person is found not guilty by the unanimous verdict of a jury he may never,
under any circumstances, be placed on trial for the same offence again.[153]

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If he is found guilty, on the other hand, he has in most cases the right to
appeal, on points of law, to a higher court.
Value of the Jury System.—The jury system has great value but also
some serious defects. Its value consists in assuring to everyone a fair
determination of the facts by an impartial body of his neighbors, each one
of whom is sworn to decide without fear or favor. It is a great safeguard
against the tyranny of judges and public officials. On the other hand it
makes judicial administration expensive (for the jurymen have to be paid);
it results in making trials much longer than if the evidence were heard by a
judge alone; and the requirement that verdicts shall be unanimous often
results in no verdict at all. Exemptions from jury service have been given
too freely, so that juries are sometimes made up of men who serve because
they have no other work to do. The others are either exempted by law or ask
to be excused by the court. Prolonged trials and close confinement make
jury service a burden which many people try to evade. In serious cases the
jurymen are sometimes not permitted to visit their homes for weeks at a
time; they sleep in the courthouse, have their meals under the watchful eye
of the sheriff, and are not permitted to read the newspapers while the trial
lasts. Occasionally we have witnessed the absurd spectacle of a jury kept
under guard while the prisoner was out on bail. Yet with all its faults the
jury system affords a safer method of trying criminal cases than trial by a
judge alone. On the other hand the use of jury trials in civil cases,
particularly where the matters in dispute are not of great importance, tends
to delay the work of the courts. It has been suggested that all such cases
ought to be tried by the judge alone.
The Law’s Delays.—Much complaint is heard nowadays because
lawsuits are so long and involve so much expense. The courts are often so
overwhelmed with cases that a lawsuit which is brought today cannot be
tried for many months. The privilege of appealing from the decisions of
lower courts is so widely granted, moreover, that when lawsuits are once
begun they may not be ended for years. The claim is often made that all this
gives a great advantage to the rich man or the large corporation as against
the ordinary individual who cannot afford the expense involved in
prolonged litigation. Lawsuits require the hiring of lawyers by both sides
and the assistance of lawyers is costly. Judicial procedure can be much
simplified, and it ought to be. It probably would be simplified were it not
for lawyers. Lawyers profit by the law’s delays; the more lawsuits and the

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more prolonged they are, the more profitable it is for them. And lawyers
form a large element in the legislatures which make the laws relating to
court procedure. This is not to imply, however, that lawyers on the whole
fail to promote the interests of justice. They do perform great services in
this respect. The ends of justice would be far less perfectly served were it
not for lawyers.
The main reason for the slowness with which justice Reasons for these
is administered in the United States can be found in the delays.
great (and perhaps unnecessary) amount of care which is taken to assure
every individual his legal rights. This has multiplied appeals, encouraged
technicalities, and given the courts far too much to do. The right to be given
a full and fair trial, to have a jury in most cases, to appeal, and to have due
process of law with all that this implies—these are rights which the
constitution guarantees and which we greatly value. Valuable they are, no
doubt, but they make the course of justice slower in the United States than
in other countries where these constitutional safeguards do not exist. A
famous Prussian king, Frederick the Great, once ordered that every lawsuit
should be brought to an end within a year. Despots can make their courts
move quickly in this way; but nothing of the sort is possible in a democracy.
Yet the courts are, when all is said and done, the most Keep the courts
important among the institutions of free government. incorruptible.
Corruption and incompetence in legislatures, or in the executive branch of
the government, are serious evils when they exist, to be sure; but when
incompetence and corruption invade the judiciary they reach to the very
heart of the Republic. The Great Charter of 1215 provided that “justice
should not be sold, delayed, or denied to any man”. That is a principle
which must be maintained at all costs.
General References
C. A. Beard, American Government and Politics, pp. 294-314; Ibid., Readings in American
Government and Politics, pp. 273-290; 488-508;
Everett Kimball, National Government of the United States, pp. 379-422;
James T. Young, The New American Government and Its Work, pp. 275-297;
W. B. Munro, The Government of the United States, pp. 342-371;
S. E. Baldwin, The American Judiciary, especially pp. 3-124;
J. C. Gray, The Nature and Sources of the Law, pp. 84-112.

Group Problems
1. What can be done to improve the work of the courts? Present organization of the courts.
How cases are brought. Figures concerning the number of cases. How far are the courts behind in

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their work? Causes of congestion. Has the jury system anything to do with it? The right to new trials.
The right of appeal. Other factors which make for delay. The expensiveness of lawsuits. Justice and
the poor. Proposed reforms in judicial procedure. Conclusions. References: S. E. Baldwin, The
American Judiciary, pp. 197-251; 365-373; C. A. Beard, Readings in American Government and
Politics, pp. 500-508; R. H. Smith, Justice and the Poor, pp. 3-34; C. G. Haines and Bertha Haines,
Principles and Problems of Government, pp. 367-402; American Bar Association, Report on the
Reform of Judicial Procedure (in Journal of the American Bar Association, Vol. VI, pp. 509-527,
July, 1920); See also The Cleveland Survey, 1921.
2. The Supreme Court of the United States and its place in the American scheme of
Government. References: W. B. Munro, Government of the United States, pp. 357-371; P. S.
Reinsch, Readings on American Federal Government, pp. 703-720; C. A. Beard, Readings in
American Government and Politics, pp. 288-290; W. W. Willoughby, The Supreme Court of the
United States, pp. 22-42.

Short Studies
1. The Supreme Court at work. F. J. Haskin, American Government, pp. 325-336.
2. The practice of declaring laws invalid. C. G. Haines, The American Doctrine of Judicial
Supremacy, pp. 173-184; E. S. Corwin, The Doctrine of Judicial Review, pp. 1-44.
3. The influence of Supreme Court decisions. P. S. Reinsch, Readings on American Federal
Government, pp. 706-716.
4. Law: its nature and development. Woodrow Wilson, The State, pp. 69-93.
5. The common law. J. C. Carter, Law: Its Origin and Growth, pp. 167-190; J. C. Gray, The
Nature and Sources of the Law, pp. 82-108; 266-292; Sir Frederick Pollock, The Genius of the
Common Law, pp. 1-26.
6. Trial by jury. S. E. Baldwin, The American Judiciary, pp. 184-196.
7. Criminal procedure. Ibid., pp. 226-251.
8. The law’s delays. C. A. Beard, Readings in American Government and Politics, pp. 500-505.
9. Justice and the poor. R. H. Smith, Justice and the Poor, pp. 41-59.
10. The courts and democracy. J. H. Tufts, Our Democracy, pp. 255-267.

Questions
1. Is it essential that a country with a government like that of the United States should have some
body vested with the power to declare laws unconstitutional? Why or why not?
2. Under what circumstances might a murder case come to the Supreme Court?
3. Tell in each case whether the following controversies would come up in the federal or the state
courts and give your reasons: (a) a man charged with murder on an American ship at sea; (b) a suit
between the Standard Oil Company of New Jersey and the Ford Motor Company of Michigan; (c) a
suit brought by Nicholas Nickleby, a citizen of Illinois, against the State of New York; (d) a charge of
embezzlement brought against the cashier of a national bank; (e) a complaint against a railroad
conductor for assaulting a passenger at a railroad station in Pennsylvania; (f) a charge against a
foreign ambassador; (g) a suit brought by a citizen of Massachusetts against a citizen of California
for non-payment of a note.
4. What are the subordinate federal courts? How are they organized? How are judges appointed
and for what terms? How are they removed?
5. Describe all the steps in a criminal trial by jury, from arrest to conviction.
6. Explain the following terms, using a dictionary where needed: plaintiff; jury panel; venireman;
demurrer; second jeopardy; appellate jurisdiction; writ of habeas corpus; affidavit; cross-
examination; peremptory challenge; counsel for the defendant.

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7. Why should not every voter be required to do jury service when his turn comes? What classes of
citizens are exempted in your state? Do you think that these exemptions are justified? Is it right that
women should be called on for jury service? Are there any cases in which they should not serve?
8. To what extent should the right of appeal be limited?
9. If a person is found not guilty and a few days later confesses that he actually did commit the
crime with which he was charged, he cannot be placed on trial again. Do you think this is right? Why
does this rule exist?
10. What suggestions can you make for the prevention of existing delays in the administration of
justice?

Topics for Debate
1. The power of the Supreme Court to declare laws unconstitutional should be taken away.
2. Trial by jury should be abolished in civil cases.
3. The loser in a law suit should not be compelled to pay all the winner’s costs, including his
lawyer’s fees.

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CHAPTER XVII
NATURAL RESOURCES AND CONSERVATION

The purpose of this chapter is to show what nature has done for the United States, and to
explain the relation between national prosperity and natural resources.

The Things that Make a Nation Great.—Three The source of
things have contributed greatly to the upbuilding of the America’s greatness:
American nation. The first is the wide extent, the richness, and the varied
character of American territory. The United States is not only a vast country,
surpassed in area by very few other countries of the world, but it possesses
great natural advantages. It contains, as will be seen 1. The land and its
presently, extensive regions which are well-suited for resources.
almost every form of human activity, including agriculture in all its
branches, manufacture, mining, forestry, transportation, and trade. It is
abundantly provided with natural harbors and waterways. In soil and
climate there is great variety. No other country of the world can produce so
many different things under such favorable conditions.
But it is not enough that a country shall have natural 2. The initiative and
resources. It must have a people with initiative and industry of its people.
industry to develop them. The American people have spent three centuries
at the task of making the land yield its increase and they have much to show
for it. Originally, for the most part, of Anglo-Saxon stock, the population
has been enriched by the addition of immigrants from every country of the
old world. This mingling of many races into one people has given the nation
vigor and versatility. It has helped to develop among the American people
that alert and progressive spirit which is one of their most valued
characteristics; it has also given strength to democratic ideals.
The enduring greatness of a nation does not depend, 3. The national deals.
however, upon its material achievements alone. It cannot be measured by
figures of population and wealth. What a nation contributes to the progress

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and permanence of civilization depends not only upon its economic
prosperity but in an even greater degree upon its spiritual and intellectual
strength. This vast land, so richly endowed by nature and with its riches so
fully utilized by man, has won and can retain its foremost place among the
nations of the world by promoting justice and contentment among its
people, upholding the reign of law, diffusing education among all, and
holding true to the ideals of democratic government.
The Land.—Soil is the fundamental resource of any Importance of the
country. Its fertility determines, in large measure, the soil.
size of the population that can be supported. It is probable that more than
thirty per cent of the American people are today engaged in earning their
living from the soil; at any rate the whole population is in one way or
another dependent upon it. From the soil comes almost our entire food
supply.
Outside the original thirteen states practically the The land of the
entire area of the country has been at some period in the country
owned.
is privately

hands of the national government as part of the public
domain.[154] By far the greater part of it, however, has been sold or granted
into private ownership. In the course of this disposal many corporations and
individuals managed to obtain large tracts of land for very little outlay,
because careful attention was not always given to the administration of the
land laws; nevertheless the policy of selling land cheaply and giving it free
to settlers helped to build up the great Western territories. Out of a public
domain which at one time or another included nearly two-thirds of the
entire United States only six hundred million acres now remain in the
federal government’s hands. Most of this is desert, mountain land, or land
that is otherwise unfit for cultivation.
The Need of Conservation.—So long as land remained plentiful and
natural resources seemed to be abundant, very little thought was given to
the possibility that some day both of these things would become scarce. The
land in some parts of the country was exhausted by wasteful methods of
cultivation and then abandoned. There are thousands of Some examples of
abandoned farms in the New England states. Coal, iron, wasted wealth.
and copper were mined in ways that permitted enormous wastage. Through
negligence much of our forest wealth was destroyed by fire. By the
beginning of the twentieth century it began to dawn upon the people that the
natural resources of the country were rapidly melting away, that practically

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all the good land was gone, while the natural resources in the way of coal
and timber were being so wastefully used that they would both be
exhausted within relatively few decades unless something were done to
conserve them. Accordingly a movement for the conservation of natural
resources was started and since 1900 it has made considerable progress both
in securing the passage of laws and in the education of the public to the
urgency of the situation.

SCIENCE REVEALING THE TREASURES
OF THE EARTH

By Edwin A. Abbey
From a mural painting in the Pennsylvania State Capitol
at Harrisburg.
In this picture the artist portrays an open coal mine into
which several mine-workers are descending. They are
stalwart, young, artless pioneers, eager for discovery. They
impart dramatic energy and realism to the picture.
Science is pointing the way. She is accompanied by
Fortune, the latter blindfolded and tiptoeing on her wheel.
Grasping Fortune’s right hand is Abundance, with an
overflowing cornucopia, or horn of plenty, on her shoulder.
These mythological figures lend the picture its symbolism.
The artist portrays a great truth. Human labor, wisely
guided by science, has found fortune and abundance in the
mines and quarries of the earth.

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SCIENCE REVEALING THE TREASURES OF THE EARTH. By
Edwin A. Abbey

Copyright by Edwin A. Abbey. From a Copley Print, copyright by
Curtis & Cameron, Boston. Reproduced by permission.]

What Conservation Means.—Conservation means Conservation means
three things:
three things: First, that public lands 1. Retention.
still in the hands of the nation and the states shall not be thoughtlessly
turned over to private corporations and individuals for their own profit, but
shall be administered so far as practicable by the public authorities for the
benefit of the whole country; second, that such portions 1. Retention.
of our timber, coal, oil, and mineral resources as have already passed into
private hands shall be so regulated by law as to prevent their wasteful
exploitation; and third, that the government shall do its 3. Replacement.
best to encourage the replacement of such natural resources as can be
replaced (for example, by the reforesting of land and the restocking of lakes
with fish).
The Mines.—No country can ever become great in Coal and iron.
industry unless it has ready access to minerals, especially iron and coal. It
was the possession of iron and coal in great quantities that served to make

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England during the nineteenth century the industrial leader of Europe.
Various regions of the United States possess these great stores of mineral
wealth and have made good use of them. There is one great difference
between mineral resources and other natural resources, namely, that when
minerals are once taken from the earth there is no way of renewing them.
Soil can be replenished, and forests regrown; but minerals form an
endowment which, when once drawn from the bowels of the earth, can
never be replaced. Hence the urgent need for a policy of conserving these
important sources of national wealth. Coal and iron, while they are the
natural resources upon which the growth of industry mainly depends, are
not the only forms of wealth drawn from below the surface of the ground in
this country. In the mining of silver and gold the United Other minerals.
States is one of the foremost among the various producing countries.
Copper, lead, oil, zinc, aluminum, quicksilver, and other natural materials
are also taken from the earth in large quantities each year.
The Conservation of Coal, Oil, and Minerals.— The earlier practice.
Until about fifty years ago, land containing coal or other mineral resources
was sold and granted by the government like any other lands. The
individual or corporation became the owner of whatever wealth might
happen to lie beneath the surface. In this way an enormous amount of
wealth was practically given away. It was not until a few years ago that the
government decided to reserve for itself all coal and minerals which might
be discovered in lands given to settlers. But this action The present coal
came too late, for most of the coal-bearing lands had situation.
already passed into private ownership. By its failure to take due thought for
the morrow the government had sold, for a few dollars per acre, what might
have been a source of enormous revenue. If the practice of reserving the
right to all coal, oil, and minerals in granted lands had been adopted in 1810
instead of in 1910 the value of these rights today would be greater than the
entire national debt.
A large and steady supply of coal is of the utmost value to industry; in
fact modern industry depends upon it. Yet when coal is once taken out and
burned it cannot be replaced; there is only so much of it in the country and
when that is gone there will be no more. It took nature many millions of
years to produce the coal that is there now. At the present rate of increase in
yearly consumption all the coal that is known to exist in the United States
will be gone in about one hundred and fifty years. Some saving can be

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made by the use of oil and water power. Some economies in mining and in
the use of coal are also possible. But these will hardly avail to prevent the
ultimate exhaustion of the supply. At best we can only set that day a bit
further off.
Speaking of oil, the amount of crude petroleum or Conservation of oil.
fuel oil now actually known to be available in the United States will be
exhausted in less than fifty years if the present rate of consumption is
maintained. There is every likelihood that this rate of consumption will be
increased owing to the greater use of gasoline and kerosene for motor
power. Large quantities of oil, however, are, available in Mexico. Within
recent years it has been hoped that, with the progress of mechanical
appliances, it will be practicable to obtain oil from shale rock.
The Forests.—When the first European settlers The wastage of our
came to America, the colonists depended heavily upon forest wealth.
the forests. From the woods they obtained timber for their houses and barns,
wood for fuel and, by hunting, a considerable part of their food supply. In
all stages of civilization men have depended upon the forests to satisfy
many of their diversified wants. Nowadays steel has taken the place of
timber in the construction of buildings and ships; coal and oil have largely
replaced wood as fuel; the days when men subsisted by hunting are past;
and mankind is no longer so heavily dependent upon the forests as in the
olden days. Yet the forests of America are still a great source of wealth even
though the timber resources have been heavily drawn upon during the past
hundred years. This is one of the natural resources which has been
wastefully used and it is only in recent years that attention has been given to
conserving what is left of it. The forests are needed, not only as a source of
timber supply, but in order to preserve the fertility of the soil and to retain
in it the moisture which is otherwise evaporated or run off.
The Conservation of Timber.—In the days when so The earlier practice.
much of the land was covered with timber the chief concern was to get it
out of the way so that the ground could be used for agriculture. No one
seemed to realize that the day would ever come when forest land would be
more valuable than corn land. Before 1878 the national government sold off
many million acres of valuable forest land at low prices to individuals and
corporations and they, in turn, used it in whatever ways would yield the
largest profit to themselves. By the Timber and Stone The Timber and Stone
Act of 1878, however, it was provided that only a Act, 1878.

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limited area of government land containing timber or stone could be sold to
any one person or corporation and then only at a higher price than
agricultural land. But even this did not prove a sufficient measure of waste-
prevention, and in 1891 Congress adopted the policy of withdrawing large
areas of government forest land from the market altogether. These tracts
were set aside as national forest reservations and today Forest reserves.
there are about one hundred and fifty million acres set apart to ensure the
country’s future supply of timber. The national government is also
permitted to buy from private owners forest lands in the watersheds of
navigable streams in order to protect the natural flow in such waterways.
The administration of all the forest reservations is in the hands of the United
States Forest Service, which forms part of the Department of Agriculture.
The area of timber land owned by the states, by Forest policy of the
corporations, and by individuals is very much greater states.
than that contained in the national reservations. It is here, moreover, that the
greatest amount of waste is taking place. Forest fires, most of which are due
to carelessness, burn up enormous quantities of timber every year. The
states which still possess considerable forest resources, such as New York,
Minnesota, and California, are also adopting the policy of creating
reservations and everywhere more effective measures are being taken to
prevent destruction by forest fires. These measures include the maintenance
of fire patrols, the construction of fire-breaks on the ridges of hills, the
clearing out of underbrush, and the stricter supervision of camping parties.
Timber, fortunately, is a natural resource which can be replaced. Lands
which have been cut-over can be reforested and used to supply timber for
future generations. Large trees take a long time to mature, however, and the
lands which are being planted with seedlings today will not be yielding
material for the sawmill until the middle of the twentieth century has faded
into the past. Both the national and state governments are now reforesting
on a large scale. To some extent private corporations and individuals have
followed their lead.
Other Natural Resources.—All the nation’s wealth Harbors, lakes, and
does not come, however, from the fields, the mines, and waterways.
the forests. In fisheries America leads the entire world. The harbors and the
waterways of the country are as important to commerce as the soil is to
agriculture. No other country is better provided with natural harbors, lakes,
and navigable rivers than the United States. All the largest cities are located

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upon them, and were it not for the waterways, we would not have the great
cities. Run over in your mind the ten or fifteen largest cities of the United
States and see if you can name any that are not situated on one of the
oceans, the Great Lakes, the great navigable rivers, or on the Gulf of
Mexico. It is not a mere accident that none of the great industrial centers are
without facilities for trade by water. Geography, not man, determines for the
most part the situation of all great industrial communities. Water power is
another natural heritage. From the giant Niagara to the Water power.
smallest cataract, thousands of these water powers have been harnessed and
made to function as the servant of man, running factories and generating
electricity. Water power does the work of coal.[155] Its presence has often
determined the location of large industries.
Geography and the Future.—From what has been How geography
said in the last four sections it will thus be seen that determines
progress.
a nation’s

natural resources are a great factor in determining the
progress and prosperity of a nation. No amount of The energy of man
intelligence and industry on the part of the people will cannot replace the
bounty of nature.
ensure rapid economic progress if they occupy a
country which lacks a fertile soil, is devoid of minerals, possesses no forests
or fisheries, and is deficient in natural harbors and waterways. Man can do
much, but his powers are limited without the aid of nature. Animals and
plants can be carried from one part of the world to another and made to
thrive in their new environment; but mineral resources were laid down
many millions of years ago in certain definite places and there they have
stayed. A country which has no mineral resources cannot create them by the
genius or industry of its people. On the other hand, if great natural resources
are at hand, progress becomes merely a question of applying human
intelligence and industry to these resources. The rise of the American nation
to its present position, therefore, is not surprising, although it has taken a
relatively short period of time. It is the joint result of nature’s bounty and
man’s efficiency. To which of these we owe the larger share of the nation’s
progress no one can say. If the country had lacked either, it could not have
progressed in any such measure during the past three hundred years.
The same things have been true of other countries. Natural resources and
England, during the greater part of the nineteenth national power.
century, was the leading industrial country of the world. This was
unquestionably due not only to the enterprise of Englishmen but to the great

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natural resources of the country in coal and iron. When Germany defeated
France in 1870 she took away from the French certain territories which
were rich in minerals. With the aid of these materials Germany in the course
of fifty years was able to become a great industrial power. Now, as the
result of the World War, the French have recovered these territories and we
may look for a marked revival in the industries of France. During the peace
negotiations more importance was attached to small areas of coal and
mineral lands than to whole provinces of agricultural land.
As the mineral resources of older countries become exhausted it is
altogether likely that industrial supremacy will pass with them. New
countries, which today have unexplored possibilities in coal and iron, will
then have their turn in industrial prominence. Who knows where the
balance of industrial power will be lodged a hundred years hence. China,
for aught we know, may be the chief manufacturing country of the world in
the twenty-first century. If we knew exactly how long the natural resources
of Europe and America will hold out, and if we knew also just how much
mineral wealth there is in the Far East, we could predict these things with
reasonable certainty.
Certain it is, at any rate, that the past history of How geography will
America has been determined, in no small degree, by influence the future
progress of America.
geographical conditions. The same factors are likely to
influence the future. The country is becoming less agricultural, less
dependent upon the soil. As it becomes more industrial our dependence
upon its other natural resources, upon coal, iron, oil, copper, timber, and
water power must necessarily increase. The commerce of the country keeps
on growing, and with this growth the reliance of the nation upon its harbors
and waterways will inevitably become greater. As population expands there
will be a heavier demand upon the food supply and the time will doubtless
come when the United States will have no food for export. Indeed the day
may arrive when agricultural products will have to be imported from
outside. All this points to the need for emphasis upon conservation. It
means that we should avoid all wastage of natural resources. The fertility of
the soil should be preserved by scientific methods of agriculture. The
mineral wealth of the country should be utilized in such a way as to give the
greatest advantage over the longest period of time. We must reforest our
unused lands. Harbors and waterways should be developed to aid

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commerce. If these things are done, America can face the future with
confidence.
General References
Gregory, Keller, and Bishop, Physical and Commercial Geography of the United States, pp.
252-350;
A. P. Brigham, Geographic Influences in American History, especially pp. 70-104;
E. C. Semple, Influences of Geographic Environment, pp. 51-71;
O. W. Price, The Land We Live In, pp. 99-138;
N. S. Shaler, Man and the Earth, pp. 1-19;
C. R. Van Hise, The Conservation of Natural Resources in the United States, especially pp. 263-
306;
T. N. Carver, Sociology and Social Progress, pp. 174-270 (The Influence Exerted by Physical
Laws over the Organization of Society and the Character of Individuals, by T. H. Buckle); Ibid.,
Principles of National Economy, pp. 3-14; 123-152;
C. A. Beard, American Government and Politics, pp. 405-416; Ibid., Readings in American
Government and Politics, pp. 368-374;
P. S. Reinsch, Readings in American Federal Government, pp. 538-589;
M. H. Gregory, Checking the Waste, pp. 42-85;
Isaac Lippincott, Economic Development of the United States, pp. 149-182.
Isaiah Bowman, The New World: Problems in Political Geography (see index).

Group Problems
1. The civilization of the future as determined by the exhaustion and development of natural
resources. When European and American resources in coal, oil, and iron give out, what substitutes
can be used and to what extent? What countries have the resources to enable them to forge ahead
when that time comes? Show the connection between industrial progress and each type of natural
wealth. Consider whether there is any way in which a country may keep its industrial supremacy
despite the exhaustion of natural wealth. References: Encyclopedia Britannica; Statesman’s Year
Book; Gregory, Keller, and Bishop, Physical and Commercial Geography, especially pp. 252-350;
384-394; C. R. Van Hise, The Conservation of Natural Resources in the United States, especially pp.
359-379; H. T. Buckle, History of Civilization in England, Vol. I (1868 edition), pp. 39-151; Isaiah
Bowman, The New World, passim.
2. Conservation and its apostles, especially President Roosevelt. References: H. R. Burch,
American Economic Life, pp. 101-108; C. R. Van Hise, The Conservation of Natural Resources in
the United Stales, pp. 1-14; 359-379; Ely, Hess, Leith, and Carver, Foundations of National
Prosperity, pp. 19-20; Gifford Pinchot, The Fight for Conservation, pp. 40-70; Theodore
Roosevelt, Autobiography, pp. 408-436.
3. The coal industry: its past, present, and future. References: W. J. Nicolls, The Story of
American Coal; Peter Roberts, The Anthracite Coal Industry, pp. 3-16; 212-227; Ely, Hess, Leith,
and Carver, The Foundations of National Prosperity, pp. 191-209.

Short Studies
1. The relation of human progress to geographic conditions. Gregory, Keller, and Bishop,
Physical and Commercial Geography, pp. 126-179; T. H. Buckle, History of Civilization, I, pp. 174-
270.
2. What are the fundamental factors in national prosperity? T. N. Carver, Principles of
National Economy, pp. 3-15; Isaac Lippincott, Economic Development of the United States, pp. 14-

Page 283

34.
3. American forest reservations. H. D. Boerker, Our National Forests, pp. 170-232; O. W.
Price, The Land We Live In, pp. 65-98; Ernest Bruncken, North American Forests and Forestry
(1900), pp. 161-182; U. S. Department of Agriculture, Forest Service, Circulars.
4. The oil situation. David White, in the Annals of the American Academy of Political and Social
Science (May, 1920); C. R. Van Hise, The Conservation of Natural Resources in the United States,
pp. 47-61.
5. The growth of the iron and steel industry. H. N. Casson, The Romance of Steel, pp. 1-26; 72-
100; J. R. Smith, The Story of Iron and Steel, pp. 108-126; Andrew Carnegie, Autobiography, pp.
130-197.
6. The conservation of water power. C. R. Van Hise, Conservation of Natural Resources in the
United States, pp. 144-161.
7. The conservation of iron and copper. Ely, Hess, Leith, and Carver, Foundations of National
Prosperity, pp. 210-231.
8. The settlement and use of the national domain. Albert Shaw, Political Problems of
American Development, pp. 87-115.
9. The homestead system. C. R. Van Hise, Conservation of Natural Resources in the United
States, pp. 279-287; G. M. Stephenson, The Political History of the Public Lands, pp. 190-245.
10. The reclamation of desert and swamp lands. H. R. Burch, American Economic Life, pp. 93-
99.

Questions
1. Mark on an outline map the chief geographical divisions of the United States. State the chief
characteristics of each.
2. Locate on the map the chief agricultural areas, the chief mining districts, the chief industrial
centers, and the chief harbors of the United States.
3. Why do the great railroads of the United States run east and west rather than north and south?
4. Do you approve of granting free lands to bona fide settlers? Under what restrictions?
5. Mark on the map the location of (a) the principal coal areas; (b) the principal oil-bearing areas;
(c) the national forests.
6. Show what natural resources are utilized in the building of a house, from cellar to garret, and tell
what section of the United States is the largest center of production for (a) oak timber; (b) glass; (c)
steel beams; (d) electric wire; (e) sewer pipe.
7. Name the harbors of the United States in the order of their (a) natural advantages; (b)
commercial importance.
8. Compare the general geographical advantages of North and South America. To what extent has
the difference in the relative economic progress of the two continents been due to geographical
differences?
9. Which do you regard as the more urgent need at the present day: the conservation of timber or
of coal or of oil? Give your reasons.
10. Compare the relative geographical advantages of the following cities: Pittsburgh, Detroit,
Atlanta, San Francisco, Baltimore.

Topics for Debate
1. The United States should adopt a rental system for all public lands on which there are mineral
resources or water powers.
2. The United States should insist upon free access to foreign natural resources (for example, in
Mexico).

Page 284

CHAPTER XVIII
THE AGRICULTURAL INTERESTS

The purpose of this chapter is to show the large part which agriculture plays in the life of the
country and to discuss briefly some of the problems of agriculture today.

Importance of American Agriculture.—Agriculture has always been
the most important single industry in the United States. The crops in earlier
It was at one time practically the sole occupation of the days.
people; even today it directly or indirectly engages the attention of more
than half the adult male workers of the country. In colonial days the chief
task of the people was to raise a food supply sufficient for themselves. Corn
was their principal crop, the colonists having learned from the Indians the
methods of cultivating it. Corn had the advantage of being well suited to the
soil and climate; besides it grows well even in partially cleared land. But in
colonial days and even for a time after the Revolution the country did not
produce much grain beyond its own needs. The production of large
quantities for export came with the opening up of the great agricultural
areas of the West.
Types of Agricultural Activity.—American 1. Mixed farming.
agriculture has developed, during the past three hundred years, in five or six
different directions. The earliest settlers in the northern colonies devoted
themselves to general or mixed farming, in other words to the raising of
grain, hay, and cattle on the same tract of land. This was because the
environment and needs of the northern region alike favored this method.
Mixed farming has continued to be the mainstay of agriculture east of the
Alleghenies; in some measure it has spread to other parts of the country as
well.
A second type of agriculture, almost from the very 2. Staple or plantation
outset, made progress in the South. This involved the farming.
raising of certain staple products, such as rice, tobacco, sugar, and cotton on

Page 285

large plantations. The soil, climate, and general environment of the southern
colonies all lent themselves to this type of agriculture and it eventually
spread itself over the whole region. Cotton in time out-stripped the other
staples and became king of the whole South. This was largely because the
invention of the cotton gin, an appliance for removing the seeds from the
fibre, greatly reduced the cost of preparing cotton for the market. The
scarcity of free labor to work these great plantations led to the importation
of negro slaves and the institution of slavery had a profound effect upon the
subsequent course of American history. Since the emancipation of the
negroes, the plantation system has remained although many of the larger
tracts have been broken up into small holdings.
The opening of the Middle West and Mississippi 3. Cereal growing.
Valley brought in a third form of agricultural activity, namely, the
production of cereals (such as corn, wheat, oats, rye, and barley) on great
tracts of prairie land. This form of agricultural production received a great
impetus from the invention of labor-saving machinery, notably the power-
reaper. The region of extensive cereal production today includes the Middle
West, the Northwest, and the Mississippi Valley, making the richest grain-
growing area in the world.

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LAND REGIONS
OF THE
UNITED STATES.

LAND REGIONS OF THE UNITED STATES
The great geographical regions of the United States are
indicated by this map. Starting from the East we have the
Atlantic Plains and, just behind them, the Eastern Plateaus
running north and south. Then come the Appalachian
Mountains and the Allegheny Plateaus, followed, still further
westward, by the Lake Plains, the Prairie Plains, and the
Great Plains. Southward, fringing the Gulf of Mexico, are
the Gulf Plains. To the far west are three great land regions,
namely, the Rocky Mountain area, the Western Plateaus, and
the Pacific Slope.
This map should be used in connection with Question 1
(page 354).

Page 287

As the frontier rolled westward to the foothills of the 4. Cattle raising.
Rocky Mountains a fourth type of agriculture—using the term in its wider
sense—began to make rapid strides. This was the stock-raising industry, the
production of horned cattle and sheep on large tracts of grazing land or
ranches. This branch of agricultural activity has made its greatest progress
in the Middle Southwest and upon the upland states just east of the Rockies
(Montana, Wyoming, etc.). Cattle are raised on the ranches, then shipped to
the corn belt where they are fattened before being sent to the abattoirs at St.
Louis and Chicago.[156]
Other branches of agriculture which have developed Miscellaneous
largely within the past half century are dairying, market activities.
gardening, and fruit growing. These activities are not confined to any one
section of the country but to a considerable extent are carried on
everywhere. Dairying and market gardening have made most progress
within convenient distance of the large cities, although improved
transportation facilities in the way of air-cooled and refrigerator cars now
permit the shipment of dairy and garden produce over long distances.
From all this it can be seen that when one speaks of the interests of
agriculture a great many different things are included. The agriculture of the
United States is diversified to an extent that is found in no other country.
The Value of American Agricultural Products.— Size of the various
The largest cereal crop produced in the United states is crops.
corn; the total in some years runs as high as three billion bushels. This is
more than twice the amount of corn grown in all the rest of the world. Oats
come next, with about one and one-half billion bushels in the best years,
and wheat third, with a round billion or thereabouts. Cotton is the largest
staple crop, with an annual yield of from ten to fifteen billion bales, each
bale containing five hundred pounds. Of this nearly half is exported. More
than twelve million cattle are received each year at the great abattoirs,
besides an equal number of sheep and twice as many hogs.
The value of this enormous agricultural production, if stated in dollars
and cents, would be misleading because prices change from year to year;
the fluctuations are often considerable within a very short period of time.[157]
But in any case the contribution which agriculture makes to the yearly
income of the nation is enormous. Upon it the national prosperity depends
in a very great measure.

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American Agriculture and the War.—American How the war
agriculture had a very important part in winning the stimulated American
food production.
World War. As this great struggle progressed the task of
providing food for the Allied armies and for the civilian populations became
month by month more difficult. Men were drawn off the farms of Europe to
fight and the fields went uncultivated; practically the whole of Belgium and
a considerable part of France were in the hands of the enemy; no supplies
could be drawn from remote parts of the world such as Australia, South
America, or the Far East because the available ships were needed to carry
troops and munitions; so the American farmer had to speed up production in
order to save the situation. When America entered the war the Allies had
practically reached the end of their resources in foodstuffs; their populations
were living under a rigid system of food rationing. Under the stimulation of
this great emergency American agriculture rose to the occasion and the
increased production of foodstuffs, together with the savings which were
made through the observance of “wheatless” and “meatless” days enabled
the United States not only to maintain an army of two million soldiers in
France but to contribute largely to the food supplies of the Allied armies
and civilian populations as well. The supply trains which fed the American
army in France (and never on a single day did they fail to reach the front),
started from Kansas City and Chicago, not from Brest or Havre. The
American farmer was the great factor in this service of supply.
A Peculiarity of Agricultural Production—The An example of
Law of Diminishing Returns.—There is one increasing returns.
fundamental feature in which agriculture differs from industry. In industry,
as a rule, the more labor and capital you apply the greater the amount of the
produce. Many industries, indeed, are so constituted that by applying
additional capital and labor you obtain more than proportionate returns.
Take the book-binding industry, for example. A small shop, employing three
men, might bind and stamp two hundred books per day at a cost of twenty
cents per book. But a large establishment, employing a hundred workers
with modern machinery can easily put through many thousand books at half
the cost per volume. A manufacturer, if he is wise, finds out what branches
of his business are most profitable. Then he applies more capital and labor
in that direction so as to increase his earnings, and devotes less attention to
the things which cannot be made so profitably. This is known as production
under the law of increasing returns.

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But in agriculture the situation is quite different. Any farmer or ranchman
will tell you, if you ask him, that some of his land is better than the rest and
yields him greater profit for the capital and labor applied to it. But if you
thereupon suggest to him that he should devote all his attention to this
particular piece of land, and neglect the rest, he would think very poorly of
your intelligence. And rightly so, for if he applied more An illustration of
labor and capital to his best land, he would not be sure decreasing returns.
of getting a crop-increase in proportion; on the contrary, he would be quite
safe in saying that, after a certain point, his extra labor and capital would
bring him less than proportionate returns. An investment of ten dollars per
acre may result in a crop of fifteen bushels per acre. It is very doubtful
whether by applying twenty dollars worth of capital and labor to the land
this yield could be doubled and it is quite certain that it could not be trebled
by spending thirty dollars per acre on the land. In other words, agriculture is
carried on, for the most part, under the law of diminishing returns, which
may be briefly defined by saying that, “if at any given time, the amount of
labor and capital applied to agricultural land is increased beyond a certain
point, the increased investment will yield less than proportionate returns”. If
this were not the case, no one would ever cultivate the poorer lands. We
would raise our entire crops from the most fertile tracts. The point at which
the returns will begin to diminish can never be exactly fixed, for
improvements in the methods of agriculture may place it further ahead.
These improved methods also bring into cultivation lands which otherwise
would not be utilized.
Another Peculiarity of Agriculture—Limitations on Division of
Labor.—In one other fundamental feature there is a difference between
agriculture and industry. In industry, as will be seen presently, the individual
worker confines his attention to one operation in the process of production.
He does not make a shoe, but only part of a shoe. But in agriculture, this
division of labor cannot be carried so far. The workers Why division of labor
engaged in agriculture cannot be ploughmen, sowers, does not apply to
agriculture.
reapers, or threshers only; they must take a hand at all
these things when the time comes. This is because the tasks connected with
agriculture change with the seasons. Agricultural labor must, therefore, be
much more versatile than labor employed in large-scale industry. Most
industries, moreover, are able to run along at an even pace throughout the
year, affording steady employment to a fixed number of workers. But in

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most forms of agriculture, the amount of labor required is much greater at
some seasons of the year than at others, thus giving the farmer a labor
problem of great difficulty to contend with.
The Exhaustion of the Soil.—The agricultural The chemical
production of the country depends upon the fertility of elements in soil.
the soil. Agricultural soil contains various chemical properties which are
exhausted by long-continued cropping, particularly if only one type of
produce is grown. These chemical elements are, more particularly, nitrogen,
phosphorus, and potash. Some crops draw chiefly upon one of these
chemical elements and some upon the others. Wheat and corn take large
amounts of nitrogen from the soil, while potatoes draw a larger proportion
of potash. The exhaustion of the soil is prevented in two ways, first by
rotation of crops and, second, by the use of fertilizers. Rotation of crops
involves the growing of different products in successive years, such as
wheat, potatoes, and hay. It is not always practicable. Fertilization.
Fertilization involves the putting of chemical elements back into the soil. It
may be effected by the use of natural manure or artificial fertilizers or by
ploughing under the soil a green cover crop. Land retains its fertility to the
degree that chemical elements are conserved in it.
The Effects of Agricultural Improvements.—During the past half
century great progress has been made in all the processes of agriculture.
The methods of treating the soil, the types of grain and other produce
grown, the machinery available for use in agriculture, and the general
intelligence with which the lands are cultivated—all have vastly improved
since our grandfathers’ day. The results are apparent in The increased yield of
an increased production. At the time of the Civil War the soil.
the yield of wheat throughout the United States averaged only nine to ten
bushels per acre; today it is nearly double that figure. Good farms and good
farmers are now producing twenty-five bushels of wheat to the acre, sixty
bushels of corn, or six hundred pounds of cotton. Similar progress has been
made in the raising of cattle and in dairying. This has been accomplished by
the selection and breeding of improved stock.
Year by year this improvement continues and it is certain that we have
not yet nearly reached the limit of possibilities. On the highly fertilized
lands of some European countries the wheat yield is as high as thirty or
even forty bushels to the acre. In the case of root crops, fertilization of the
land is an extremely important factor in production. One of the great

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present-day needs of American agriculture is a better Our future
and cheaper supply of nitrates for fertilizing the land possibilities.
and this has directed attention to the possibility of manufacturing nitrates in
this country instead of importing them from abroad.[158]
The United States Department of Agriculture.—To assist the
agricultural interests of the country a Commissioner of How the national
Agriculture was appointed by the national government government farmer.
helps the

in 1862, and seven years later this office was expanded
into a Department of Agriculture, with a member of the cabinet at its head.
The work of this department at the present day covers a wide range. Its
more important activities, carried on through various bureaus, may be
summarized as follows: The Bureau of Plant Industry studies new
agricultural methods, endeavors to find improved varieties of grain and
plants, conducts research work on soil fertility, and devises measures for the
extermination of noxious weeds. It has combed the whole world for new
grains and plants likely to thrive in this country. Its agents go about the
country giving talks and demonstrations to the farmers with a view to
educating them in all these matters. The Bureau of Animal Industry makes
investigations into improved methods of breeding and raising live stock; it
studies the problem of preventing communicable diseases among animals,
and has charge of federal meat inspection. The Bureau of Entomology
gathers and publishes information concerning insects which do harm to
crops and cattle. It suggests methods of exterminating each form of insect
pest. In this it has a giant task, for the ravages of insects like the gypsy moth
and orange thrip are still costing the country millions of dollars per year.
The work of the United States Forest Service, which is in this department,
has already been mentioned. The Weather Bureau’s work is also well
known. It gathers information concerning the weather in all sections of the
country and sends out timely forecasts of probable storms, heat-waves,
frosts, and rainfall for the benefit of agriculture and navigation. Other
bureaus make chemical analyses of soil, water, and foods, and compile all
manner of agricultural statistics. The Department of Agriculture also
maintains, in different parts of the country, sixty experiment stations, at
which new methods are fully tried out before being recommended.
It will be seen that by far the greater portion of the department’s work is
scientific and educational. Its educational work is carried on not only by
speakers and demonstrators who go about the country, but by the issue of

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bulletins and an annual volume known as the department’s Year Book. This
volume, which may be had free of cost, contains more useful information
on agricultural topics than any other book of its sort.
State Encouragement of Agriculture.—The How the state
encouragement of agriculture has not been left entirely governments
farmer.
help the

to the national authorities. Most of the states also
maintain departments of agriculture in charge of boards or commissioners.
In most of the states, moreover, state colleges of agriculture have been
established, and these may be attended, usually without the payment of
tuition fees, by any qualified resident of the state. Short courses of
instruction are given in various branches of agriculture for those who can
spend but a few weeks or months at these agricultural colleges; extension
work is carried on and scientific investigations made. This work has been,
to some extent, assisted by grants of land and money from the national
government. The chief individual factor in bringing both the federal and
state agricultural authorities into touch with the farmers and cattle raisers is
the county agent. He addresses them at their meetings, advises them on all
agricultural matters, and helps them to form agricultural clubs.
The Problem of Agricultural Credits.—In agriculture, as in industry
and commerce, a considerable amount of capital is needed. It takes capital
to buy land, to improve it, to obtain machinery and live stock, to purchase
seed, and to pay expenses during the period between seedtime and harvest.
Until recently the agriculturist has been at a disadvantage, as compared with
the manufacturer, in securing this capital. The banking system of the
country was organized mainly to assist the operations of industry and
commerce; there were no special banks to assist agriculture. In 1916,
however, a system of Farm Loan Banks was The Federal Farm
established. There are now twelve such banks situated Loan Banks.
in as many regions of the country. Their function is to loan money on the
security of agricultural or grazing land at reasonable rates of interest, the
loans to be repaid in installments over a term of years. This has placed
agriculture on an equality with all other forms of production as regards
loans based on the security of land; but for loans upon the security of cattle,
crops, and other personal property, the agriculturist must still depend upon
the regular banking institutions.
The Problem of Agricultural Labor.—Mention has “Seasonal” character
already been made of the fact that agriculture is a of agriculture.

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“seasonal” occupation to a very large extent. It is an occupation, moreover,
in which the workers cannot at all times call eight hours a full day’s work.
At the busy seasons of seedtime and harvest the day of the farmer and his
helpers is from before sunrise until after sunset. As a result of these features
the securing of a sufficient labor force at the busy seasons is an agricultural
problem of great and constantly-recurring difficulty. Time and again it has
happened that valuable crops have gone to waste because men could not be
hired to harvest them. During the war years the scarcity of labor was
especially acute and the wages of farm workers went up very rapidly. It is
believed that this problem of getting sufficient labor might be solved by
some organized action such as the United States government took during
1917-1918, recruiting labor in the cities, moving them from section to
section in accordance with the demand, and effecting a more even
distribution of the available workers.
Farmers’ Organizations.—It is harder for farmers to organize than for
men in most other occupations. They live apart from one another; they are
not dependent upon one another to the same extent that townsmen are; and
their manner of life tends to make them individually self-reliant. In
organizing they have, therefore, been much less active than workers in
industry and commerce. Nevertheless there are many farmers’ associations
in the United States at the present time and their membership is steadily
increasing. Some of them are co-operative bodies, organized for the buying,
selling, or manufacture of products. Others are agricultural societies formed
for the purpose of holding fairs and meetings.
Two farmers’ organizations of a fraternal and social The Grange and the
nature have spread all over the country. The first is the Farmers’ Alliance.
Patrons of Husbandry, more commonly known as the Grange. The other is
the National Farmers’ Alliance. Between them these two organizations
include several million members. Their main purpose is to promote the
social and economic interests of the agricultural population, but they are
also, on some occasions, active in politics. Farmers’ Institutes, which are
being held under the joint auspices of the national and state agricultural
departments in all sections of the country have also contributed to the
facilities for popular education and recreation. These institutes are attended
by more than two million persons per year.
The Farmer in Politics.—While the farmers of the The agricultural
United States do not possess a political organization of “bloc.”

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their own they are able through the various bodies mentioned in the
preceding paragraph and through other associations to exercise a very
important influence upon the action of the government. Many senators and
representatives come from sections of the country where the farmers
constitute an important element among the voters and on matters affecting
the interests of agriculture these legislators usually stand together. In recent
years this group of congressmen from the agricultural areas has been
commonly known as the “agricultural bloc”; they do not form an actual
majority in Congress, but they have usually had enough strength to get what
they want. At the session of 1921 they obtained a tariff duty on wheat,
which is in effect a tax on bread, and any political organization which can
put a tax on bread must be powerful indeed. The farmers’ lobby at
Washington is exceedingly strong.
Attempts have been made to unite the farmers in the rural districts with
the workers in the cities into a regular political party. At the presidential
election of 1920 a so-termed Farmer-Labor ticket was placed in the field,
but it did not muster much strength. A combination of these two elements, if
it could be effective, would be all-powerful. It is very doubtful, however, if
any such political combination can be really made. The interests of the two
elements are too far apart. The farmers are producers of food; the city
workers are consumers. One wants prices to stay high; the other wants them
to come down. It will be difficult to get two such groups to come together
and to stay together.
The Special Problems of Rural Communities.— The rural exodus.
One of the chief problems of every rural community is to keep its young
men and women from migrating to the cities and towns. In many parts of
the country the agricultural population is steadily declining by reason of the
constant exodus to the towns, and wherever population decreases there is
usually a fall in the value of land.[159] Thereupon the community ceases to
move forward; the lands are neglected; methods of agriculture fail to keep
pace with the times, and the whole region takes on a shabby appearance.
Now the chief reason why young men and women leave the rural districts
for the cities is to be found in the outward attractiveness of city life. This
attractiveness is really not so great as it appears to be; but it is the
appearances that often count. Rural comforts and conveniences have been
all too few in the past; the hours of labor have been long and the work often
disagreeable; the dearth of social recreations has also been a factor in

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making rural life seem monotonous to youth. These drawbacks, however,
are not essential and permanent features of rural life. The balance of
advantage which towns and cities have heretofore possessed is in fact being
steadily reduced by the advent of things which greatly enhance the
attractiveness of life in rural communities. The motor The increasing
car, the paved roads, the parcels post and rural mail attractions
life.
of rural

delivery, the extension of telephone service and electric
lighting into the country, the tractor and other labor-saving devices, the
organization of societies and clubs among the young people of the rural
areas, the improvement and centralization of rural schools—all these are
having influence. The application of scientific principles to agriculture,
moreover, has made it a skilled occupation, not a common industry. Routine
farming by rule-of-thumb methods is not very interesting and not very
profitable; but scientific farming is both. For these various reasons the
exodus from the farms is not likely to be as great in the future as it has been
in the past. This is a fortunate circumstance for, as President Roosevelt once
declared, our whole civilization rests upon the attractiveness as well as the
prosperity of rural life.
General References
H. R. Burch, American Economic Life, pp. 209-232;
H. C. Taylor, Agricultural Economics, pp. 13-30;
G. F. Warren, Elements of Agriculture, pp. 372-398;
Sir Horace Plunkett, The Rural Life Problem of the United States, pp. 59-82;
John Phelan, Readings in Rural Sociology, pp. 162-183;
K. L. Butterfield, The Farmer and the New Day, pp. 1-29;
E. G. Nourse, Agricultural Economics, pp. 210-223;
A. H. Benson and G. H. Betts, Agriculture and the Farming Business, pp. 1-12;
S. J. Buck, The Agrarian Crusade, pp. 111-141.

Group Problems
1. How the national and state departments of agriculture help the farmer in your state.
References: J. E. Boyle, Agricultural Economics, pp. 312-327; L. H. Bailey, The State and the
Farmer, pp. 89-111; E. G. Nourse, Agricultural Economics, pp. 553-565.
2. Making country life more attractive. References: C. J. Galpin, Rural Life, pp. 212-260; J. M.
Gillette, Constructive Rural Sociology, pp. 168-199; L. H. Bailey, The Country Life Movement;
University of Virginia, Alumni Bulletins, Rural Life Conferences, passim; Report of the Country Life
Commission.
3. The farmer in politics. References: S. J. Buck, The Granger Movement, pp. 34-39; 80-122; F.
L. McVey, The Populist Movement, in American Economic Association, Economic Studies, Vol. I,
No. 3 (August, 1896), pp. 131-209.
4. Who owns the farms in the United States? References: H. C. Taylor, Agricultural
Economics, pp. 238-269; P. L. Vogt, Introduction to Rural Sociology, pp. 61-100; T. N. Carver,

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Selected Readings in Rural Economics, pp. 498-546; E. G. Nourse, Agricultural Economics, pp.
665-673; William Kent, Land Tenure and Public Policy, pp. 213-225.

Short Studies
1. The farm population of the United States. P. L. Vogt, Introduction to Rural Sociology, pp.
120-145; L. H. Bailey, The Country Life Movement, pp. 31-60.
2. The rural school and the rural community. Irving King, Education for Social Efficiency, pp.
21-42; E. P. Cubberley, Rural Life and Education, pp. 163-176; 226-255; Mabel Carney, Country
Life and the Country School, pp. 133-148.
3. The grange. S. J. Buck, The Granger Movement, pp. 279-301; Mabel Carney, Country Life
and the Country School, pp. 72-89.
4. The non-partisan league. Andrew A. Bruce, The Non-Partisan League, passim; Herbert
Gaston, The Non-Partisan League, pp. 269-283.
5. Community life in the country. C. J. Galpin, Rural Life, pp. 176-211; L. H. Bailey, The
Country Life Movement, pp. 97-133; T. N. Carver, Rural Economics, pp. 334-382.
6. The farmer of the Middle West. John Phelan, Readings in Rural Sociology, pp. 27-44.
7. The South and the negro farmer. Ibid., pp. 46-72.
8. The New England farmer. Ibid., pp. 1-25.
9. The farmer of the Rocky Mountain states. W. E. Smythe, The Conquest of Arid America, pp.
19-30; 150-163; F. I. Anderson, The Farmer of Tomorrow, pp. 98-140.
10. Marketing farm products. E. G. Nourse, Agricultural Economics, pp. 524-540; F. W. Card,
Farm Management, pp. 109-138; T. N. Carver, Selected Readings in Rural Economics, pp. 769-782;
H. C. Taylor, Agricultural Economics, pp. 352-365.
11. Women’s place on the farm. C. J. Galpin, Rural Life, pp. 101-117; John Phelan, Readings in
Rural Sociology, pp. 313-324; P. DeVuyst, Woman’s Place in Rural Economy, pp. 23-42.
12. Rural credits. J. B. Morman, The Place of Agriculture in Reconstruction, pp. 310-347; E. G.
Nourse, Agricultural Economics, pp. 712-723; 789-795; M. T. Herrick, Rural Credits, pp. 439-455.
13. Agriculture and reconstruction. J. B. Morman, The Place of Agriculture in Reconstruction,
pp. 146-180.

Questions
1. Name the various types of agricultural activity and indicate on the map where they are chiefly
carried on.
2. Place the following agricultural products in the order of their relative annual value (referring to
the World Almanac for such information as is not given in the text); wood, cotton, rice, wheat, cattle,
corn, sheep, sugar, tobacco.
3. Explain fully the law of diminishing returns as applied to agricultural land. Name some of its
effects.
4. What are the chief chemical elements in agricultural soil? How are they saved from exhaustion?
What is the order of crop-rotation practiced in your district and why is this order chosen? Explain
how the “cover-crop” system helps the soil.
5. List, in what seems to you to be their order of importance, the services rendered by the National
Department of Agriculture.
6. How are Farm Loan Banks financed? What functions do they perform?
7. Find out how a Grange is organized, what officers it has, and what members do at their
meetings.
8. The government assures to the owners of the railroads a minimum return on their invested
capital (see p. 367). Should it guarantee the farmer a minimum price for his products?

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9. Do you believe that the farmers are justified in organizing a “bloc” in Congress to promote their
own interests? If the industrial workers, the shopkeepers, the manufacturers and so forth were to do
likewise, how would this affect the party system?
10. Explain how the attractiveness of rural life has been increased in recent years.

Topics for Debate
1. The national government should (a) directly engage in improved road-building for the benefit of
agricultural areas; or (b) assist the states by grants of money for this purpose; or (c) leave the matter
entirely to the states and communities.
2. Farmers and cattlemen should be permitted to form organizations in order to prevent
competition and keep up the prices of their products, although such agreements among manufacturers
are forbidden.

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CHAPTER XIX
THE ENCOURAGEMENT AND REGULATION OF
COMMERCE.

The purpose of this chapter is to explain what commerce is, how it is regulated, and what the
government does to promote it.

The Purposes of Commerce.—The people of the Who are engaged in
world spend a large part of their energy in supplying commerce.
their material wants, including food, clothing, and shelter. We commonly
think of the farmer and the manufacturer as the ones chiefly engaged in this
task, but if you stop to think of it you will quickly realize that the farmers
could not feed the world nor could the manufacturers clothe it without the
aid of another important class, which includes merchants, traders,
transportation workers—in a word, all who are engaged in commerce. The
purpose of commerce is not to create things but to put economic goods into
the hands of those who need them. It places commodities where they are
wanted at the time when they are wanted. In this sense Commerce produces
commerce is a great producer, a producer of values. It values.
fetches the raw material from the mines or agricultural areas to the
industries. It brings the products of the factories to the merchant and from
the merchant to the homes of the people. It helps to adjust the supply to the
demand. Without commerce there would be an abundance of things in one
place and a shortage in another. Commercial organization permits every
part of the country, and indeed every part of the civilized world, to produce
the things which it is best fitted to produce and to use these things in buying
goods made elsewhere. Florida grows oranges and Massachusetts makes
shoes, but through channels of commerce each secures what it needs from
the products of the other.
The Development of Commerce.—Now although Commerce in its
the advantages of commerce are so easy to realize, the earliest forms.

Page 299

commercial system of the modern world took many centuries to develop.
Primitive people did not have many wants and all of them they supplied by
their own exertions. Each little group of people, each tribe or village, met
its own needs. Then trade between different villages and tribes began. It
grew slowly in the early ages because there were no easy means of
transporting goods, and because neighboring tribes were so often hostile to
each other. This early trade was conducted by barter, the direct exchange of
one article for another, there being no general use of money as a medium of
exchange.
As time went on the area of trade widened until it covered whole
countries, and finally expanded into international trade or commerce
between different countries. This widening kept step Inventions which
with improvements in the methods of transportation have helped
commerce to grow.
from pack-horse to wagon, from wagon to railroad, and
from sailing vessel to steamship. The expansion of trade was also aided by
the growth of strong governments which protected the trader and made the
paths of commerce safe. Likewise the general use of money facilitated the
operations of trade; so did the creation of a system of commercial credit.
Without railroads and steamships, law and order, money and credit, it would
not be possible to carry on commerce as we have it today. If the world can
feed and clothe and shelter an enormously greater population than it could
two hundred years ago this is not because the people work harder; it is
because they work more intelligently and because they have created that
gigantic system of economic co-operation which we call commerce.
The Scope of Commerce.—It is an error to suppose Commerce includes
that commerce is concerned only with the exchange.
transportation of goods. Its scope is far wider. Commerce includes not only
the moving of goods but the whole process of buying and selling.
Wholesalers, jobbers, retailers, together with all those who work for them
are engaged in commerce. Not only are the steamship lines, the railroads,
and the motor trucks entitled to be called agencies of commerce, but the
telegraph and telephone systems as well. The pipe lines which carry oil
from the depths of the earth to the great cities are instrumentalities of
commerce; so are the gas mains in the streets, the subways, and the street
cars. The postal service, likewise, is one of the most important factors in
expediting commercial transactions.

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Commerce cannot be carried on, at least in any large It depends upon
measure, without currency and credit. Hence the whole currency and credit.
system of money and banking links itself up closely with commercial
organization. Goods are bought on credit by the wholesaler, and sold on
credit to the retail merchant who, in turn, often sells on credit to his
customers. The banks and other credit institutions provide the money to
carry on these operations of trade. So when one takes all these things into
account it will be seen that a considerable proportion of the people are
engaged in one or another of the various branches of commerce.
The Three Fields of Commerce.—In order to Local, interstate, and
clarify the relations of government to commerce it is international
commerce.
necessary, at the outset, to distinguish between three
fields or types of commerce. The first is local or intra-state commerce,
which comprises all the trading operations carried on within the boundaries
of a single state. Goods produced in Pittsburgh and marketed in
Philadelphia are said to be within the sphere of local or intra-state
commerce. As such they are wholly within the jurisdiction of the state of
Pennsylvania. In the second place there is a large amount of commerce
which, originating in one state, crosses into another. Shoes made in
Massachusetts are shipped to Indiana; cotton grown in Georgia is sent to
New York to be manufactured. This is called national or inter-state
commerce and it is under the jurisdiction of the federal government. Finally,
trade is carried on between the United States and foreign countries and this
is known as international commerce. It also is subject to regulation by the
federal government.
Local Commerce.—Each state makes provision for The state
the encouragement and regulation of commerce within governments control
local commerce.
its own territory. The communities and the state provide
the improved roads which are essential for trade between country and town.
The development of motor cars, motor trucks, and suburban trolley lines
has greatly increased the facility with which this trade can be carried on.
Each state, again, has control over the street railways, short-line railroads,
and other channels of commerce within its own borders. This control is
exercised through provisions of laws made by the state legislatures, but the
enforcement of these regulations is usually placed in the hands of one or
more boards, commonly known as public service commissions (see pp.
480-481). It is the duty of these commissions to see that the rates charged

Page 301

are reasonable and that adequate service is rendered. The jurisdiction of the
state authorities, it should be repeated, does not extend over any
commercial operations which are not strictly local; if the commerce
concerns more than a single state it can be regulated only by the national
government.

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Interstate Commerce and the Railroads

Interstate Commerce.—During the years which Interstate commerce
immediately followed the Revolutionary War the in early days.
several states were free to make their own regulations for the
encouragement and control of commerce. Accordingly they began to
compete with one another for trade, each trying to increase its own
prosperity at the expense of the others. This led to ill-feeling, of course, and
finally to retaliation. One state would offer inducements to bring vessels
into its ports; the others, in self-defence, held out even greater inducements.
This rivalry soon got to the point where it looked as if some of the states
might come to blows.[160] So, when the framers of the national constitution
met at Philadelphia in 1787, they gave particular attention to the problem of
ending this unwholesome rivalry by placing the regulation of all interstate
and foreign commerce under a single, central authority.
The national constitution, therefore, transferred this The constitution
regulating power from the states to Congress, by places interstate
commerce under
vesting in it the power “to regulate commerce with federal control.
foreign nations, and among the several states, and with
the Indian tribes”. This is a very important provision in the supreme law of
the land, and it has had a far-reaching influence in building up the
commerce of the United States. One can realize what might have happened
if every state had been left at liberty to put duties upon goods imported
from other states and to bestow all sorts of advantages upon its own
merchants. Under such an arrangement a closely-knit, unified country
would have been impossible, for freedom of trade within a nation is an
indispensable factor in bringing the whole people into close and friendly
relations. The adoption of this clause in the national constitution meant that
all trade, from one end of the land to the other, could be carried on freely,
without let or hindrance, subject only to such uniform regulations as
Congress might provide.
In the days when the national constitution was This control is now
adopted, the carriers of commerce were few and very extensive.
primitive. Trade between different states was conducted by wagon and
sailing vessels; there were no railroads, steamships, street cars, motor

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trucks, telegraphs, telephones, or parcels post. The cost of transporting
goods was so great that it did not pay to ship them far. Goods were made
almost wholly for the local market. But when the constitution endowed
Congress with the power “to regulate commerce” it gave to this body a right
which has been sufficiently broad to cover all the great developments of the
past hundred years. Whatever comes within the term “commerce”, no
matter howsoever carried on, is within the purview of Congress if it
concerns more than a single state.
A large part of the commerce of the United States today does concern
more than a single state. The great railroads traverse several states,
sometimes a dozen or more of them. Goods sent from New York to Los
Angeles pass through ten or twelve states on their journey. Even street car
lines sometimes cross the state boundaries. To the trader a state boundary
means nothing; it is only a mark on the map. Trade moves wherever the
chance of profit appears. It pays no attention to political divisions within the
country.
Interstate commerce, then, includes all agencies of What interstate
trade among the states: steamships, sailing vessels, commerce includes.
railroads, street railways, motor trucks, telegraphs, telephone systems, oil
pipelines, power lines, and all passengers, goods, messages, or anything
else carried by them. All persons who have to do with such things are
engaged in interstate commerce. But interstate commerce does not include
the manufacture of goods in any state, even though they be intended for sale
in other states. Commerce does not begin until the product is finished and
started on its way. Once started on their way, with a destination in another
state, the goods pass under the supervision of the national government.
Passengers traveling from Chicago to St. Louis, or goods shipped from one
of these cities to the other, or messages exchanged between them by
telegraph, for example, are under the supervision of the national
government from start to finish. Illinois and Missouri have nothing to do
with them.
How Interstate Commerce is Regulated.—For Railroads and
many years after the constitution was adopted there was steamships were at
first not regulated.
no need for the regulation of interstate commerce
because so little of it was carried on. Not until the era of steamships and
railroads did commerce develop to a point where any strict regulation was
necessary. The earliest railroads, moreover, were short lines constructed and

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operated wholly within single states. They were built by corporations under
charters granted by the states. Frequently these charters were given for an
indefinite term, and they placed no limits upon the rates which the railroad
might charge for the transportation of passengers and goods. The chief
concern of the people in those days was to get railroads built. As time went
on, however, the state authorities became more strict in granting charters for
the construction of railroads and, finally, most of them established
commissions to protect passengers and shippers from unreasonable rates.
Meanwhile, however, another development was going on, namely, the
consolidation of these small railroads into trunk lines or long stretches of
railway. The reason for this consolidation was the opportunity to make
larger earnings from through traffic and at the same time to give better
service. The opening-up of the West led to the building of new trunk lines
and to further consolidations, especially during the years immediately
following the Civil War. In this way single railroads spread themselves far
outside the territory of a single state; their tracks ran into many states. The
corporations controlling such trunk lines became big But this freedom from
and powerful. They fixed rates to suit themselves and control was abused.
often favored one section of the country at the expense of others, or gave to
large shippers an undue advantage over the smaller.[161] Where there was but
one railroad in any district everyone was at its mercy. Exorbitant rates could
be charged. On the other hand, where there were competing lines between
two cities the rivalry of the roads often forced the rates down to a point
where goods were carried at a loss. Sometimes the competing roads,
realizing the folly of this competition, formed a “pool” or agreement to
share the traffic proportionately, and then each put up its rates to a high
level. These practices were inimical to the best interests of commerce. They
gave rise to so much complaint that Congress eventually responded by
placing the interstate railroads under government regulation. This it did by
the Interstate Commerce Act of 1887.
The Interstate Commerce Act of 1887.—By the The beginnings of
provisions of this act and the various amendments federal regulation.
which have been made to it during the past thirty-five years, all
corporations engaged in interstate commerce (which includes not only
railroad companies, but express, sleeping car, telegraph, and telephone
companies) must maintain reasonable rates; must make these rates public;
and must not discriminate in favor of any locality or shipper. The formation

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of “pools” is illegal; the granting of free passes to other than railroad
officials is forbidden; and all the important activities of the railroads are
subject to governmental supervision. These various provisions were not all
enacted in 1887. The legislation of that date merely made a substantial
beginning. Several amending laws, passed from time to time during the past
thirty-five years, have steadily extended the scope of regulation and have
also endeavored to secure greater safety in the operation of the railroads.
The Interstate Commerce Commission.—Congress Organization and
realized in 1887 that it was not enough to pass a work of the I. C. C.
regulatory law; it must also provide some means of enforcing the
regulations. So a board, known as the Interstate Commerce Commission,
was established and it has now become one of the most powerful regulating
bodies in the world. At the outset it had five members; now it has eleven.
They are appointed by the President. The commission’s function is, in
general, to see that the national laws relating to carriers of interstate
commerce are strictly observed. It fixes the maximum rates, hears
complaints, adjusts disagreements, and prevents discrimination. In the case
of the railroads its powers have recently been widened by the provisions of
the Transportation Act of 1920, as will be seen presently.
Railroad Consolidation and the Sherman Act.— Methods by which
There are at least three ways in which railroad railroads consolidated.
consolidations have been effected in the United States.
The first and simplest method has been outright purchase, one railroad
buying up another. The second is by lease, one road leasing another for a
long term of years, thus becoming the virtual owner. The third is by forming
what is commonly called a “holding company” which steps in and takes the
controlling ownership of both roads. In this case neither road buys or leases
the other, but both put themselves into the control of a new corporation
which proceeds to have the lines operated as though they formed a single
road. The objection to these consolidations is that, in many cases, they stifle
competition and create a monopoly.
So Congress in 1890 enacted the Sherman Anti-Trust The Sherman Act.
Act, a measure which although it was not primarily aimed at the railroads,
prohibited all combinations in restraint of trade or commerce among the
several states. For several years, however, this law was The Northern
left unenforced, but in 1904 it was invoked in the Securities Case.
Northern Securities Case to dissolve a combination of two great railroads,

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the Northern Pacific and the Great Northern, both of which had passed into
the control of a holding company. The Supreme Court held the
consolidation to be illegal and ordered that the roads should be restored to a
competitive basis. The same process was applied to various other roads
which had been merged in the years following 1890 and a general
“unscrambling of omelets” took place.
Railroad competition, however, is often wasteful and actually results in
higher rates. To consolidate two or more small railroads into a larger one
may actually cheapen rather than increase the cost of transportation. The
practical problem is to permit consolidation in such cases while preventing
it in others. This was what the Supreme Court was endeavoring to do by a
flexible enforcement of the Anti-Trust Act when the World War broke out
and created new problems.
The Railroads in War Time.—In 1917, when the Government
United States entered the war, it seemed advisable that operation of the
railroads,1917-1920.
Congress should place in the hands of the President a
wide range of authority in connection with the mobilization and
transportation of troops and war supplies. By virtue of these powers
President Wilson, in the closing days of the same year, took over the
operation of all the important railroads in the country and placed them in
charge of a director-general appointed by himself. The question of
compensating the owners of the railroads was settled by providing that they
should receive an annual payment equal to the average net earnings of the
three preceding years. It was also stipulated that the railroads should be
given back to their owners in as good physical condition as when they were
taken over, this return to be made within twenty-one months after the close
of the war.
During the whole of the years 1918-1919 the How this plan
railroads were operated by the government. From the worked.
standpoint of profit-making, government operation did not prove a success.
The cost of labor and materials rose enormously during the war and
continued to rise after the fighting ended. But passenger and freight rates
were not proportionally increased, hence there was a large deficit which had
to be paid out of the government treasury. The service given to the public
by the railroads while they were operated by the government, moreover,
was not very satisfactory; although in partial explanation of this it must be

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remembered that the carrying of troops and supplies during 1918 placed a
great strain upon the whole transportation system.
But if government operation was not altogether The Plumb Plan.
satisfactory to passengers and shippers, it was popular with the railroad
employees. They were much more generously treated under government
operation than they had been when the roads were in private hands. Some
of their leaders accordingly brought forward a plan which proposed that the
roads should not be handed back to private operation but should be
purchased by the government and managed by joint boards representing the
government, the employees, and the public. This proposal was commonly
known as the Plumb Plan. It had the support not only of the railroad
brotherhoods, or organizations of railroad employees, but of other labor
bodies as well. Congress, however, did not fall in with this scheme and
decided to deal with the railroads in an altogether different way.
The Transportation Act of 1920.—The railroads The return of the
were returned to private operation in the spring of 1920 railroads to private
operation.
under the provisions of the Transportation Act. This
legislation gave the Interstate Commerce Commission complete authority
over the fixing of railroad rates but stipulated that they should be high
enough to enable the railroads in each section of the country to earn a net
income of five and one-half per cent on their valuation and a further
amount, not to exceed one-half of one per cent for improvements at the
discretion of the commission for two years from March 1, 1921.[162] The act
contained two new and very important provisions. It The Railway Labor
stipulated that a Railway Labor Board should be Board.
established, consisting of nine members appointed by the President. This
board has the function of adjusting disputes between the railroads and their
employees concerning wages or conditions of labor.[163] It also contained
provisions allowing the consolidation of railroads in each section of the
country with the consent of the Interstate Commerce Commission.
The Future of the Railroads.—The railroads are the The importance of the
commercial arteries of the nation. Some idea of their railroads to industry.
importance may be gained from the fact that the railroads of the United
States carry a billion passengers each year and nearly two billion tons of
freight. Their mileage is greater than that of the railroads in the whole of
Europe. If all the tracks of American railroads were placed end to end, they
would girdle the earth eight or ten times. They represent a huge investment

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of capital—nearly twenty billions—or nearly as much as the entire national
debt. It is true that a good deal of our commerce is now carried on by
steamships, canal boats, motor trucks, and electric railways, but we still
place greater dependence upon the railroads than upon all these other
carriers put together. Reasonable freight rates and good service are essential
to the progress of industry. This being the case, it is imperative that there
should be governmental control in the interests of passengers and shippers.
On the other hand the railroads, to perform their service adequately, must be
assured a sufficient revenue and given due scope for the exercise of private
initiative.
The railroads have been compelled, in recent years, Motor competition.
to face a new form of competition, that of motor cars and motor trucks.
These have a great advantage in that they use highways which have been
built entirely at the public expense, whereas the railroads have to buy the
land on which their tracks are laid and pay the cost of maintaining their
roadbed. The use of the public highways for freight-carrying by heavy
motor trucks imposes a heavy cost upon the taxpayer for the repair of roads.
[164]

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International Trade and Tariff Policy

International Commerce: Its Beginnings.—Before The beginnings of
the Revolution a considerable amount of trade was American trade.
foreign

carried on between the American colonies and various
European countries, chiefly Great Britain. After the winning of
independence this foreign commerce began to grow rapidly because the
hindrances that had formerly been imposed upon it were now removed.
Moreover, the Napoleonic wars in Europe brought about an enormous
increase in the demand for American foodstuffs. These wars retarded
agriculture in Europe and forced the various countries to import supplies
from overseas. American shipping developed greatly during the period
1790-1805, but it thereafter received a set-back owing to the blockades and
the Embargo Act of 1807, followed a few years later by a four-years’ war
with England.
Tariff Policy.—During the period immediately preceding the framing of
the constitution each of the thirteen states was free to regulate its own
commercial relations. Each determined for itself whether it would permit
imports to come in freely from other states and other countries or whether it
would impose duties on such imports. This arrangement The constitution
proved altogether unsatisfactory and the constitution empowers Congress
to regulate foreign
gave to Congress complete authority to control trade.
commerce with foreign countries and among the states.
This action was taken primarily to afford Congress an adequate revenue in
the way of taxes on imports, although it was also designed to put an end to
undue commercial rivalry among the states themselves. In 1792, therefore,
Congress passed our first tariff law, a measure designed mainly to bring
forth income for the new federal government but also to afford protection to
American industries. This act of 1792 marks the This is done by
beginning of a long line of tariff measures, some tariffs.
imposing high duties on imports and some setting these duties at lower
rates.[165]
The making of the tariff is in the hands of Congress The Tariff
but the function of studying the industrial needs of the Commission.
country is entrusted to a Tariff Commission of six members appointed by

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the President. This commission is empowered to make recommendations to
Congress, but Congress is under no obligation to follow its advice nor has it
usually done so. Tariff rates are fixed, for the most part, in obedience to
political pressure.
The Argument for Protective Tariffs.—Why The case for
should American industry be given protection by tariff protection.
duties against foreign competition? The answer to this question was first
given by Alexander Hamilton in his famous Report on Manufactures (1790)
and it has been elaborated by many writers since Hamilton’s time. The chief
arguments in favor of protection are that it helps home 1. It develops young
industry, develops a home market, raises wages and industries.
keeps them high, provides employment for a country’s own workmen, and
makes a country independent of others. Protection, it is claimed, helps new
industries or “infant industries” to get on their feet. These new industries, if
not shielded against the pressure of foreign competition in their early stages
would be unable to make headway, but if given adequate protection for a
time they ultimately get well established and add to the nation’s industrial
strength. This industrial growth, it is argued, helps the farmer by creating a
home market for his agricultural produce. The growth of industry creates
large cities and these centers of population form the farmer’s best market.
Those who favor the policy of protection also argue 2. It keeps wages up.
that if high duties were not imposed upon imports from other countries, the
wages of the American workman would fall and many would be out of
employment. Until recent years the general rate of wages in European
countries has been much lower than in the United States, but since the
World War the disparity has not been so great. The lower wages of labor in
Europe have enabled goods to be produced more cheaply there than in
America, and were it not for the protective tariff, the United States would
be flooded with these products of underpaid European workers. In the end
the American scale of wages would be forced down to the same level—so
the protectionists argue.
Finally, there is the nationalist argument for 3. It promotes an all-
protection. To be strong and independent a country around economic
development.
ought to have an all-around economic development. Its
people ought not to devote their entire energies to agriculture alone. All
branches of economic life ought to be fostered together. A country should
aim to provide, so far as possible, for all its own needs; it should not be

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dependent on other countries for its food supply, its manufactured goods, or
its shipping. It is difficult for a country to reach this condition of affairs in
any case, and even a near approach to it can only be achieved by the
artificial nurture of the weaker economic activities, which is what the
protective tariff endeavors to supply.
The Argument for Free Trade.—Although the The case against
foregoing arguments for protection have carried great protection:
weight in the United States during the past fifty years there are many
Americans who believe that trade with foreign countries ought to be free
from all tariff duties, or, at any rate, free from all duties except such as may
be needed to provide a revenue. Those who believe in 1. It creates artificial
“free trade”, or in a “tariff for revenue only” make the economic conditions.
point that every country ought to devote itself to those industries which it
can carry on most advantageously and should not try to produce for itself
the things which can more cheaply be imported from other countries.
Protection, they claim, merely diverts capital and labor into industries for
which a country is not naturally adapted, and thus makes production
expensive. It keeps wages up by keeping prices up, and 2. It keeps prices up.
thus deprives the workman of the advantage which high wages are
supposed to bring. The policy of protection is also 3. It fosters industrial
criticised on the ground that it fosters the creation of monopolies.
great industrial combinations, leads to the establishment of monopolies, and
encourages corruption in politics by giving particular industries a financial
interest in governmental action. The free traders believe that there is no
more reason for protective duties upon trade between different nations than
there is for similar duties upon trade among the several states of the Union.
The Encouragement of Foreign Commerce.—The Why foreign trade is
work of the national government is not confined to the important.
regulation and restriction of commerce; it is concerned with the
encouragement and promotion of trade as well. This promotion of foreign
trade is an important branch of the government’s work because the
prosperity of the United States depends to a considerable extent upon its
commerce with other countries. America produces a large surplus of grain,
meat, cotton, and other merchandise which must be marketed abroad. On
the other hand there are many commodities, such as sugar, tea, coffee,
rubber, and silk which cannot be produced in sufficient quantities here and
hence must be imported. The aim of the government is to help our exporters

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find the best foreign markets for their goods and to facilitate the acquisition
of such foreign products as the country requires. This help is rendered in
various ways, by making commercial treaties with foreign countries, by
maintaining a consular service, by giving encouragement to American
shipping, and by the creation of a Department of Commerce in the national
administration.[166]
Commercial Treaties.—From time to time the United States has
established, by treaty, commercial relations with other countries. These
treaties are made for the mutual advantage of both parties. They usually
provide that citizens of each country may carry on trade with one another
subject to the established tariffs, and that there shall be no governmental
discrimination against such trade.[167] They allow each country to maintain
consuls in the territory of the other. On a few occasions the United States
has concluded reciprocity treaties providing for reciprocal free trade, in
whole or in part, with other countries. An arrangement of this sort was made
with Canada in 1854 but was brought to an end twelve years later.
The Consular Service.—Commerce with foreign countries is assisted
and facilitated by the consular service. The United States maintains consuls
in all important foreign countries and these countries, in turn, send their
consuls here. There are several classes of officials in the consular service;
the more important are consuls-general, consuls, and consular agents.
Consuls-general are stationed at the larger foreign ports and exercise a
general supervision over consuls in their respective districts. Consuls and
consular agents are maintained in less important foreign centers of trade.
All members of the American consular service are How consuls are
appointed by the President, but since 1906 the appointed.
selections have been made by competitive examinations for the lower
grades and by promotion for the higher.
Members of the consular service gather information Their duties.
concerning trade opportunities and send this information to Washington
where it is printed and distributed to American merchants and
manufacturers. Consuls verify the invoices of goods shipped to the United
States so as to avoid delay at the custom house. They assist American
citizens who may be traveling abroad, particularly those who go abroad to
buy merchandise. In a word they are the sentinels of American foreign
commerce.

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Until 1906 the American consular service was not highly efficient
because the appointment of consuls was usually made on political grounds.
Men who had rendered service in party politics were often given important
consular positions although possessed of no real qualifications for the work
which they were expected to do. Moreover, whenever a change of
administration took place in Washington many consuls were removed from
office and new ones appointed. This injured the service by preventing the
development of experienced officials. Since 1906 the situation has greatly
improved because appointments and promotions have been made upon a
basis of merit alone.
The Merchant Marine.—In order that a country may build up a
profitable foreign trade it should have vessels of its own in which to carry
exports and imports. Trade that depends entirely upon the use of foreign
vessels is insecure, because the outbreak of war between two or more
foreign countries may keep these ships at home. So the development of
American maritime commerce has seemed to make desirable the
maintenance of a merchant fleet under the American flag. Since the
Revolution there has always been such a fleet; Early American
sometimes it has been large, but more often it has been shipping.
small.[168] After 1915, when the German submarine campaign resulted in the
wholesale sinking of British and French merchant vessels, the demand for
ships became acute. American shipyards once more The building of ships
grew busy and expanded rapidly. In 1916, moreover, during the war.
Congress passed a Shipping Act, designed to foster the growth of the
merchant marine, and when the United States entered the war in 1917 an
Emergency Fleet Corporation was created to build a great flotilla of vessels
at the public cost and a Shipping Board to operate them. The work was not
completed when the war came to an end, nevertheless several hundred
vessels were added to the list of America’s ocean carriers. As a result of
these efforts the merchant marine of the United States is once more the
second largest in the world; but the problem now is to keep these ships
busy. Foreign trade began to fall off after the American forces had been
brought back from Europe and hundreds of the new ships have remained
tied up in American harbors. Some have been sold to private companies;
others have been operated by private companies under lease; still others are
being operated directly by the Shipping Board.[169]

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The Bureau of Foreign and Domestic Commerce.—The progress of
foreign commerce depends not only upon ships and ports but upon the
possession of accurate knowledge concerning the course of markets and
prices abroad. Data on such matters are gathered, as has been pointed out,
by the American consular service. This is Statistics of trade—
supplemented, however, by statistics collected for the their value.
Bureau of Foreign and Domestic Commerce at Washington, an office which
is maintained to provide American business men with accurate and up-to-
date information concerning every branch of foreign commerce. The bureau
collects and translates the tariff laws of foreign countries, makes
investigations into the cost of producing goods both in America and abroad,
and studies all possible methods of making American foreign trade more
profitable. It affords a good illustration of the way in which the government,
without itself engaging in trade, may assist the private enterprises of the
people.
Future of Foreign Commerce.—Ocean transportation has made
enormous strides forward during the past twenty years. What new inventions
Wireless communication now enables ships to keep in may do for trade.
touch with each other and with the shore, thus making navigation safer. It
has been demonstrated by naval experiments that great ships can be steered
and their machinery controlled by radio apparatus in the hands of men
several hundred miles away. Then there is the airship and the airplane, in
both of which it has been shown to be possible to cross the Atlantic far
above the surface without a stop. It seems to be beyond doubt that air
carriers will, even within our own generation, be used to carry mail
overseas as they are now being used on land, and probably passengers as
well. The day may come when goods, also, will be ferried through the air
from continent to continent in less than a single day. The march of invention
in this as in other fields is so rapid that no one can tell today what the
morrow may bring forth.[170] But of one thing we may be hopeful: that even
as the era of rail transportation served to bring all parts of the country into
more intimate relation, so may it come to pass that the world of the future
will find all its distant parts brought into more friendly contact by the
development of these twentieth-century miracles of rapid transit.
Commerce and Peace.—Commerce between countries helps to promote
international good-feeling and friendship. It is true that commercial rivalries
have sometimes inspired international jealousy and have even paved the

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way to war; but legitimate trade, honestly carried on between nations, is far
more likely to prove a means of drawing them together. From their
commercial intercourse nations derive mutual profit. By trading with one
another they learn to understand each other. Isolation makes for suspicion
and war. World commerce makes for peace.
General References
H. G. Selfridge, The Romance of Commerce, pp. 230-239; 318-349;
C. F. Carter, When Railroads Were New, pp. 33-74;
E. R. Johnson and F. W. Van Metre, Principles of Railroad Transportation, pp. 492-534;
Clive Day, A History of Commerce, pp. 485-517; 564-579;
E. R. Johnson, American Railway Transportation, 2d ed., pp. 52-68; 367-385;
Isaac Lippincott, Economic Development of the United States, pp. 520-549; 611-634;
F. W. Taussig, Principles of Economics, Vol. I, pp. 508-545 (Protection and Free Trade); Vol. II,
pp. 363-396 (Railway Problems);
James T. Young, The New American Government and Its Work, pp. 119-140 (The Regulation of
Commerce); 187-202 (Federal Power Over Interstate Commerce);
W. B. Munro, Government of the United States, pp. 246-264 (The Commerce Power);
H. R. Burch, American Economic Life, pp. 273-296;
C. R. Van Hise, Concentration and Control, pp. 4-34; 170-192;
I. L. Sharfman, The American Railroad Problem, pp. 100-186.

Group Problems
1. The problem of American railroads—government operation—the Plumb plan—the
Transportation Act—what of the future? The growth of American railroads. Railroad
consolidation. Development of government supervision. The Interstate Commerce Commission and
its work. Why railroads were not permitted to consolidate. The government’s experience with the
railroads, 1917-1920. The Adamson law. Government operation. Labor problems under government
operation. The Plumb plan. Why it was not adopted. The provisions of the Transportation Act (Esch-
Cummins law). Difficulties now being encountered by the railroads. Proposed consolidations. The
outlook for railroad transportation. References: John Moody, The Railroad Builders, pp. 211-241; J.
J. Hill, Highways of Progress, pp. 114-139; C. F. Carter, When the Railroads Were New, pp. 226-
258; E. R. Johnson and F. W. Van Metre, Principles of Railroad Transportation, pp. 564-577; W. Z.
Ripley, Railroads, Rates and Regulation, pp. 441-455; 457-521; Otto H. Kahn, Our Economic
Problems, pp. 67-118; I. L. Sharfman, The Railroad Problem, pp. 382-464.
2. What is commerce and how is it regulated? References: The Federalist, Nos. 7, 11, 12, 22,
42; John Fiske, Critical Period of American History, pp. 134-162; C. A. Beard, Readings in
American Government and Politics, pp. 343-358; Everett Kimball, National Government of the
United States, pp. 480-520; O. W. Knauth, The Policy of the United States towards Industrial
Monopoly, pp. 66-92; L. H. Haney, Business Organization and Combination, pp. 383-414; 419-437
(The Sherman Act); A. H. Walker, History of the Sherman Law, passim.
3. The American Merchant Marine. How can it be developed? References: Clive Day, History
of Commerce, pp. 481-483; 492-494; 513-515; 545-546; N. S. Shaler, The United States, Vol. I, pp.
538-558; W. W. Bates, American Navigation, pp. 234-299; 335-350; W. L. Marvin, The American
Merchant Marine, passim.
4. How the tariff has helped the nation as a whole. References: F. W. Taussig, Tariff History of
the United States, pp. 194-229; D. R. Dewey, Financial History of the United States, pp. 80-84; 161-
164; 176-196; 237-238; 249-251; 262-266; 438-439; 463-464 and passim; Ida M. Tarbell, The

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Tariff in Our Times, pp. 294-330; E. Stanwood, American Tariff Controversies, Vol. II, pp. 243-295;
E. R. Johnson, Ocean and Inland Water Transportation, pp. 257-310; Cyclopedia of American
Government, Vol. III, pp. 476-481.
5. Our consular service: its present value and future development. References: P. S. Reinsch,
Readings on American Federal Government, pp. 651-675; C. L. Jones, The Consular Service of the
United States: Its History and Activities, passim; F. Van Dyne, Our Foreign Service, pp. 117-177;
217-284; F. J. Haskin, The American Government, pp. 14-26; Gaillard Hunt, The Department of
State, pp. 331-349; A. H. Washburn, “Some Evils of Our Consular Service,” in Atlantic Monthly,
Vol. LXXIV, pp. 241-252.

Short Studies
1. The commerce of colonial America. George L. Beer, The Commercial Policy of England
toward the American Colonies, especially pp. 66-90; J. R. H. Moore, Industrial History of the
American People, pp. 163-208.
2. The commercial relations of the states under the Confederation. John Fiske, The Critical
Period of American History, pp. 134-162.
3. The embargo and non-intercourse policy of the years 1807-1811. Edward Channing,
History of the United States, Vol. IV, pp. 379-400; 415; 421.
4. The clipper ships. A. H. Clark, The Clipper Ship Era, pp. 173-194; R. D. Paine, The Old
Merchant Marine, pp. 154-184.
5. Some great railroad builders. John Moody, The Railroad Builders, pp. 165-178 (James J.
Hill); 193-210 (E. H. Harriman).
6. Railroads and land grants. E. L. Bogart, Economic History of the United States, pp. 348-360;
J. B. Sanborn, Congressional Grants of Land in Aid of Railways, pp. 62-75.
7. Railroad rate discrimination. W. Z. Ripley, Railroads, Rates and Regulation, pp. 195-209.
8. The work of the Interstate Commerce Commission. P. S. Reinsch, Readings on American
Federal Government, pp. 517-527.
9. The Sherman Act and the Northern Securities Case. James T. Young, The New American
Government and Its Work, pp. 141-164.
10. Our foreign trade today. J. H. Hammond and J. W. Jenks, Great American Issues, pp. 195-
209.
11. The effects of the tariff on trade. F. W. Taussig, Some Aspects of the Tariff, pp. 3-49; J. H.
Hammond and J. W. Jenks, Great American Issues, pp. 174-194.
12. Our river and lake commerce. G. S. Callender, Economic History of the United States, pp.
313-326.
13. International trade. H. R. Burch, American Economic Life, pp. 372-384.
14. The Panama Canal. F. A. Ogg, National Progress, pp. 266-277; P. L. Haworth, The United
States in Our Own Times, pp. 300-309; F. J. Haskin, American Government, pp. 209-220.
15. The Shipping Board and Emergency Fleet Corporation. W. F. Willoughby, Government
Organization in War Time and After, pp. 121-165.
16. American commerce during the World War. F. A. Cleveland and Joseph Schafer,
Democracy in Reconstruction, pp. 397-419.
17. Government operation of the Railroads. 1918-1920. I. L. Sharfman, The American Railroad
Problem, pp. 100-131.

Questions
1. Explain the various ways in which a bushel of wheat could be transported from Albany to New
York City in 1750; in 1850; in 1920. State the approximate time required in each case.

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2. What commercial functions are now performed by wholesalers, jobbers, retailers, agents,
brokers, and money-lenders, respectively.
3. Apportion the following into three columns according to whether they figure, for the most part,
in the local, the interstate, or the foreign commerce of the United States: bread, tea, oranges, milk,
spices, firewood, brick, dyestuffs, automobiles, shoes, paper, tin, jute, gravel, glass, straw, potash,
poultry.
4. Name the successive stages in the development of agencies for the transportation of (a)
passengers; (b) goods; (c) information. State their relative merits in regard to speed, dependability,
and cost.
5. What objections would there be to giving Congress authority over local commerce? Will the
new agencies of transportation increase the power of Congress or of the local authorities?
6. Is there in your state a commission with authority over local commerce? How is it appointed and
what are its powers?
7. What sort of cases come before the Interstate Commerce Commission? The Railway Labor
Board? Give an example in each case.
8. Among the various arguments for protection which one appears to be the strongest? Which
seems the strongest argument for free trade? Can you suggest any argument on either side in addition
to those given in the text?
9. Make a list of the reasons why the United States should have a large merchant marine, putting
them in the order of their importance. Should the government sell or operate its ships?
10. If you were planning to fit yourself for the consular service, what subjects would you study?
Show how each study would be of help to you in performing your duties as a consul. Why are
appointments to the consular service made by competitive examination?
11. Explain what is meant by the following statements and give illustrations: “Trade follows the
flag”; “Commerce makes for peace”; “Trade rivalries lead to war”; “Commerce does not create
goods but values”.
12. During the World War, and for a time thereafter, the exports of the United States greatly
exceeded the imports. What effects do you think this had (a) upon prices in this country; (b) upon our
stock of gold; (c) upon tariff policy?
13. Suggest any ways, not already utilized, in which the national government could help the
development of (a) interstate commerce; (b) foreign commerce.

Subjects for Debate
1. The national government should own and operate the railways.
2. Our protective policy has benefited (or injured) the farmer.
3. The national government should operate its own ships even if it must operate them at a loss.

THE SPIRIT OF VULCAN

By Edwin A. Abbey
From a mural decoration in the Pennsylvania State
Capitol at Harrisburg.
In this crowded and clanging hive of industry, where no
semblance of order appears visible to the onlooker, Vulcan
sits aloft on the clouds of smoke and steam directing the

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actions and energies of the workers to a common end. It is
the co-operation of the toilers, the guidance of their skill and
strength, that makes their work productive. Like a mentor
the mythical patron of industry, Vulcan, presides over the
busy centers of human toil.
The general impression which the artist has sought to
convey is that of industry reaching its results, not through
the unguided work of individuals, but by mutual effort under
wise and kindly direction.

THE SPIRIT OF VULCAN. By Edwin A. Abbey

Copyright by Edwin A. Abbey. From a Copley Print, copyright by
Curtis & Cameron, Boston. Reproduced by permission.

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CHAPTER XX
THE ORGANIZATION AND CONTROL OF INDUSTRY

The purpose of this chapter is to explain how American industry is organized and how the
government has endeavored to regulate this organization in the public interest.

What is Industry?—Industry comprises the whole The broad scope of
process of converting raw materials into finished industry.
products. It includes the production of goods by hand in the workshops, and
by machinery in the factories. Agriculture, mining, and forestry furnish the
raw materials; industry works them up; commerce distributes them. In its
widest sense industry includes not only manufacturing, as we ordinarily
understand the term, but mining, lumbering, the fisheries, shipbuilding, and
many other great branches of economic activity. It engages the attention of
more than one-third of the American workers and is steadily growing to
greater relative importance. The United States is now entitled to be called
one of the great “industrial” nations of the world. As such its people have
many difficult problems to face, including such things as the proper
organization and control of industry, the improvement of conditions under
which it is carried on, and, most difficult of all, the maintenance of good
relations between industrial labor and industrial management.
The Old Industry and the New.—One hundred and fifty years ago
practically all industry was carried on by hand. The making of cloth was a
home activity; the yarn was spun by hand and woven into fabric on the
hand-loom. Shoes were made—soles, heels, and uppers—by the village
cobbler. The local blacksmith made such agricultural implements as there
were. Large factories did not exist. But with the application of steam power
to industry all this began to change. Steam power began to be utilized in
American industry right after the War of Independence; it was not widely
used at the outset, but in the course of time it completely revolutionized the
methods of industry throughout the world. It supplanted hand methods

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almost altogether, drove the village industries out of existence, and
introduced factory production on a large scale. Factories containing
machinery operated by steam power could produce cloth, shoes,
implements, and almost every other sort of manufactured commodity more
cheaply than they could be made by hand-industry in the homes or in small
shops. So the factory system spread over the length and breadth of the land,
drawing large investments of capital into its vortex, giving rise to great
industrial corporations, creating a new labor class, fostering the growth of
great cities, and compelling the government to take a hand in the regulation
of industry. This great transformation in industry, which The Industrial
covered the course of the nineteenth century, is known Revolution
America.
in

as the Industrial Revolution, and a gigantic revolution it
was. Nothing in modern times has exerted a more profound or far-reaching
influence upon the general course of civilization. The factory is the symbol
of a new economic order. It has been said, and rightly, that three things,—
steam, steel, and credit,—have revolutionized industry during the past
hundred years.
Industrial Organization of Today.—In the days of hand-industry men
needed no large amounts of capital in order to engage in the production of
goods. The tools used in hand-industry were not expensive; nor was it
necessary to buy raw materials in large quantities. The things that the
workman produced, moreover, were sold almost as soon as they were made.
With the advent of the factory system, however, capital The use of capital.
in large amounts became essential because buildings and machinery, both of
which are costly, had to be provided. Large stocks of materials must also be
kept on hand, and workmen have to be paid before the goods manufactured
by them are sold. So, whereas one man of relatively small wealth could
carry on an industry under the old system, the combined resources of many
men are required under the new. This need of combining the contributions
of many persons into a large capital fund has given rise to the modern
industrial corporation.
American industry of today is carried on for the most Corporate
part, therefore, by corporations or companies. An organization.
industrial corporation or company is a group of persons, each of whom
contributes a portion of the capital needed to carry on the business. These
contributors receive shares in the corporation proportionate to the amounts
of money which they invest. The man who contributes one hundred dollars

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becomes the owner of one share; the man who invests a thousand dollars
receives ten shares.[171] An industrial corporation with a capital of a million
dollars is able to allot among its stockholders ten thousand shares of the par
value of one hundred dollars each. It may have only a few shareholders, or
it may have a great many. These shareholders, be they many or few, control
the management of the business. They elect each year a board of directors,
who, in turn, appoint the officers and managers. The latter purchase the raw
materials, engage the workmen, supervise their labor, sell the finished
goods, and distribute the profits among the shareholders in the form of a
dividend declared upon each share. Every corporation has as its legal basis
a charter, which is a document issued by the governmental authorities,
usually by the state. This charter states the purpose of the corporation and
authorizes it to do business. Charters of corporations may be revoked if the
powers conferred by the charter are misused.
Industrial Agreements and Pools.—With large Ways of avoiding
numbers of industrial corporations engaged in the same industrial competition
line of business it is inevitable that they should compete with one another
for the sale of their respective products. This competition, quite naturally,
tends to keep prices down, because each corporation does its best to get
trade by underselling its rivals. But competition which forces down prices
also results in reducing profits, and the industrial corporations often find
that higher profits can be earned for their shareholders if some arrangement
is made to limit this competition. Thus it came to pass that the men who
controlled large corporations in the same line of business got together and
made informal agreements not to compete in such way as to force prices
down. These “gentlemen’s agreements”, so-called Gentlemen’s
because they had no legal force but merely rested upon agreements.
the honor of the various corporations, usually provided that a certain scale
of prices would be maintained and that no concern would sell its products
below this stipulated scale.
These agreements, however, were not altogether Pools.
satisfactory to the corporations. At the fixed scale of prices some
companies, by reason of special advantages, were able to make large profits
while others earned very little and became dissatisfied. Hence a new
method, commonly known as pooling was devised to give every
corporation its fair share in the earnings of the entire trade. Under this plan
each company was allotted a certain territory within which it might sell its

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products without competition on the part of the others. Then, at the end of
the year, the profits of all the companies were put into a “pool” or common
fund and so distributed that no company would have a higher rate of
earnings than the others. This was an ingenious method of ensuring
substantial profits to each corporation, no matter how well or how badly it
was managed. Incidentally, it deprived the public of the benefits which
would have come to it, in reduced prices, if competition had been freely
carried on. For this reason the practice of “pooling” was soon forbidden by
law as an unreasonable restraint of trade.
Trusts, Holding Companies, and Mergers.—Not to Trusts.
be balked in this way the corporations devised a new plan for checking
competition. This took the form of a trust. Corporations agreed to place
their shares in the hands of trustees and these trustees, by virtue of holding
the shares, controlled the business of all.[172] Through this control the
trustees were able to make sure that no price-cutting would result from
competition among the various companies comprised within the trust.
Another plan, not widely different, was to organize a Holding companies.
“holding company”, in other words a large corporation to hold all the shares
of the smaller corporations not merely in trust but as the actual owner.[173]
Finally in some cases, the smaller companies were Mergers.
merged or consolidated outright into a single giant corporation. In such
instances the smaller concerns passed out of existence and their former
owners received shares in the new corporation.
Why Industrial Combinations are Objectionable. Combinations stifle
—The chief objection to all these combinations, competition.
whether by informal agreement, pooling, trusts, holding companies,
mergers is that they seek to restrain trade, to create monopolies, and to
prevent the public from obtaining the advantages in the way of reduced
prices and better quality which arise from free competition. So long as free
competition exists the rise of prices is automatically checked. But when
competition is stifled by monopoly, the public gets fleeced. When a
monopoly is once created, moreover, free competition is difficult to
establish again. The reason for this is that when anyone enters the
monopolized line of business the holders of the monopoly cut their prices
temporarily below the profit-making point and thus make it impossible for
the new competitor to continue. Then, when they have driven him out of
business, they put prices up once more.

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On the other hand we must not lose sight of the fact The value of large-
that large-scale production is more economical than scale production.
production in small quantities, and that large-scale production almost
inevitably leads to industrial combinations. Most manufactured
commodities are produced under what economists call “the law of
increasing returns”, that is to say the larger the quantity produced, the
smaller the cost per article. There is a great deal of overlapping and waste
when goods are manufactured in small independent shops or factories.
Large industrial combinations can obtain capital more easily; they can buy
raw materials in larger quantities and at better prices; they are in a position
to secure and use modern machinery; and they can create better facilities for
selling their goods. Large-scale production also permits a profitable use of
by-products, such as coke in the manufacture of gas or scraps of leather in
the making of shoes. Where industries are small these by-products are not
sufficient to make their sale worth while; but large-scale industries realize
considerable sums from the sale of their by-products. From almost every
point of view the large manufacturing establishments have a great
advantage, and if we were to insist that all industry be carried on in small
concerns, the public would be the loser in the end. Large-scale production is
not in itself to be frowned upon but rather encouraged. The trouble arises
from the misuse of the power over prices which results from monopoly, and
this misuse of power is what the laws are endeavoring to prevent.
The Legal Control of Industrial Corporations.— Federal and state
The right to exercise control over industrial control.
corporations, and thereby to protect the public against extortion, rests partly
with the states and partly with the national government. Most corporations
are created by state charters and this gives the state authority over them. So
long, therefore, as a corporation confines its business within the limits of
the state in which its charter was obtained, the national government has no
control over it. But most large corporations, such as steel and oil
companies, woolen and cotton companies, carry on their business in more
than one state. They have factories scattered over several states. They buy
materials in one state, manufacture them in another, and sell the products in
a third. Wherever this is the case the national government does have
authority over them, for the constitution gives to Congress the power “to
regulate commerce among the several states”.

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Industrial Corporations and the Sherman Law.—To understand the
relation of the laws to combinations and monopolies it is necessary to go
back a little way into legal history. By the common law The common law rule
of England, which was introduced into the colonies against combinations
in restraint of trade.
before the Revolution and became the basis of the
American legal system, it was provided that combinations were illegal
when formed to restrain trade unreasonably. This was the prevailing legal
doctrine in the United States for a hundred years after the formation of the
Union, but it did not suffice to prevent the steady growth of monopolies. In
1890, therefore, Congress decided to draw the line more strictly and to this
end enacted the Sherman Anti-Trust Law, which declared every contract or
combination, in the form of a trust or otherwise, or conspiracy in restraint of
trade or commerce among the several states, to be illegal. No distinction
was made by the words of this law between reasonable The rule in the
and unreasonable restraint of trade; the Sherman Law Sherman Law.
simply forbade all trade-restraining combinations in interstate business. It
applied to railroads and industries alike, but it was not enforced widely until
1904, when the Supreme Court applied its provisions in the Northern
Securities Case (see p. 365).
This decision caused a great stirring among the dry bones of corporate
industry. Many combinations and mergers had been formed in all parts of
the country during the closing years of the nineteenth century, and it was
argued that to tear these combinations apart would be exceedingly difficult.
But the government proceeded against other consolidations, notably the
Standard Oil Company and the American Tobacco Company, and secured
their dissolution as well.[174] In these latter cases, The rule of reason.
however, the Supreme Court gave hope for a less drastic interpretation of
the Sherman Law by avowing its intention to decide each future case in
accordance with the “rule of reason”. In other words the court stated its
belief that the Sherman Law was not intended to break up all combinations,
good, bad, and indifferent, but only those which were contrary to the public
interest. By this dictum the Supreme Court re-established in effect the old
common law principle that a combination may be legal or illegal according
as its purpose is reasonable or unreasonable. And such is the law of the land
today.[175]
The Practice of Price-Fixing.—Meanwhile some new abuses on the part
of various large industrial corporations had arisen. Many manufacturers

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began the habit of dictating to retail merchants the prices at which goods
should be sold. If a merchant refused to maintain these prices and sold
goods at lower figures, the manufacturer would thereupon decline to supply
him with any more merchandise. This was an effective way of bringing a
merchant to terms, particularly in the case of patented articles which are
made by only one firm and which cannot be obtained from anyone else.
Here, again, the of the Clayton Act intervened by The Clayton Act.
forbidding price discriminations wherever the effect of such action tends to
lessen competition or to create a monopoly. The Clayton Act also prohibited
manufacturers and wholesalers from dictating to retail merchants the sort of
goods they may sell. The makers of a particular brand of flour, for example,
are not permitted to say to the merchant: “You must sell our brand only,
otherwise we will not sell to you.”
The Federal Trade Commission.—The foregoing statutes, the Sherman
and Clayton Acts, are examples of our attempt to regulate industry by law.
The trouble with regulation by law, however, is its stiffness. Laws are hard
and fast while the scope and methods of modern business are continually
and rapidly changing. A law which is sufficient to meet one problem today
proves quite inadequate to cope with another problem tomorrow. The
strictest legal provisions, moreover, can usually be circumvented or evaded
by some new device. Accordingly, the national government has reached the
conclusion that it is better to have the laws lay down the general principles
of industrial regulation, leaving the details to be applied by an
administrative board or commission. In conformity with this idea Congress
in 1914 authorized the establishment of a Federal Trade Commission, the
duty of which is to investigate all complaints regarding unfair methods of
competition in interstate commerce (except in the case of banks and
railroads) and to order that such unfair methods, if found to be in existence,
shall be discontinued.[176] Decisions of the Federal Trade Commission are
reached after a hearing at which both sides may be represented. The
commission is also given power to compile and publish information
concerning the organization, management, and policy of any industrial
corporation engaged in interstate trade. Since 1914 it has rendered signal
service in protecting the business men of the country, and the general public
as well, against economic injustice.
The Control of Industrial Corporations by the States.—What has
been said in the preceding pages relates only to corporations which are

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engaged in interstate business. This includes most of the largest industrial
concerns. Smaller corporations which keep their operations within the
bounds of a single state, are not subject to the provisions of the Sherman or
Clayton Acts, neither do they come within the jurisdiction of the Federal
Trade Commission. This does not mean, however, that the smaller industrial
corporations are exempt from regulation altogether. Most of the states have
their own anti-trust laws and their own legal regulations to prevent the
growth of local monopolies. These rules differ from state to state; in some
they are much more strict than in others. State regulation is beset with
serious difficulties everywhere because in all the states industries are to
some extent carried on by corporations which have obtained their charters
from some other state and thus cannot be fully controlled except by the
national government.
The Greatest Problem of Modern Industry.—The most difficult
industrial problems of today, however, are not connected with the question
of government control. So far as the protection of the public against
combinations and monopolies is concerned the government is bound to be,
in the long run, successful in its efforts although even the strictest laws can
work no miracle over night. Far more perplexing is the problem of
determining the proper relations between industrial employers on the one
hand and industrial workmen on the other. Although labor is a great and
essential factor in industry it has hitherto had practically no direct voice in
determining the conditions under which industry shall be carried on.
Taking American industry as a whole, labor has had no share in
ownership or management. The relation of the worker The human relation in
to industry has been strictly that of a hired employee industry.
who does his job, takes his pay, and calls the account square. But of late
years it has been becoming apparent that this relation does not satisfy the
workman altogether and that he does not regard wages alone as a sufficient
recompense for his share in industrial production. His leaders are asking, in
some cases, for a share in the profits, for a voice in determining the
conditions of labor and, ultimately, for some share in the management.
Industrial Democracy.—In some large industrial The representation of
concerns representation has already been given to the the workers.
workers. They are permitted and encouraged to select a committee from
among themselves whose function it is to take up with the management, in
an official way, all questions of wages, hours of labor, discipline, and

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conditions of work. In case of disagreement between the committee and the
management impartial arbiters are called in. Thus the employees are given a
fair share in the settlement of all matters affecting their work and welfare.
The success of such schemes will depend, of course, upon the degree of
fairness which both sides display in conference. Just as the success of
political democracy depends upon the exercise of tolerance on the part of
those to whom power is given, so in any form of industrial democracy the
abuse of power, whether by employers or workmen, will surely spell
failure. It is essential to the well-being of the nation that the workers in
industry shall receive their rightful share from the earnings of industry, that
they shall have just conditions of employment and be treated like men. But
it is also essential that the management of industry shall not be subjected to
unreasonable demands and that a system of production which the world has
spent a century in building up shall not be broken down until something
well tried and tested by experience can be put in its place.
Profit Sharing as a Step toward Industrial Harmony.—One of the
ways suggested for ensuring to the workman his full share in the earnings of
industry is known as profit sharing. The usual provision is that after the
current rates of interest, wages, and salaries are paid the surplus earnings
shall be divided between the employers and the workers on some fair basis
determined in advance. But the amount which goes to the workers is not
necessarily paid in cash. Either in part or in whole it may be given to them
in the form of shares in the business and on these shares they receive
thereafter the regular rate of earnings.
It was hoped that an arrangement of this sort would bring the employer
and his workers more closely together. Profit sharing, indeed, was at one
time proclaimed to be a solution of the whole labor problem. But on the
whole it has not fulfilled expectations. For this there are several reasons.
Some workers did their best, others scamped their Why profit sharing
work; but all shared alike. The employers did not find has not made great
headway.
that labor responded with increased efficiency when a
share of profits was given. The workers, on their part, found that profits
sometimes declined greatly in spite of their hardest efforts. Bad judgment
on the part of the management would offset hard work on the part of the
men. Not having access to the books and figures the workers often
suspected that their rightful share of the profits was being withheld from
them. The trade unions, moreover, looked askance at the whole proposal

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and insisted, among other things, that no one who was not a member of the
union should be a profit-sharer. So the movement has slackened, although it
still has some strong advocates and seems to be losing none of the ground
that it has gained.
Other Remedies for Industrial Unrest.—Several other remedies for
industrial unrest have been suggested, and some of them are being given a
trial. The relations of labor to industry constitute a large and difficult
problem, however, and cannot be made clear in a single paragraph. They
are, in fact, of sufficient importance to have a chapter to themselves.
Industry and the Individual.—The opportunities Industrial
for capable young men and women in industry were opportunities.
never greater than they are today. The operations of industry have become
so complex that they afford openings for every type of individual skill and
proficiency. The management of American business is no longer conducted
by hit-or-miss methods; everything is worked out with scientific precision
in buying materials, merchandising, manufacturing, marketing, and
financing. American industry in all its branches is hiring brains as well as
muscle.
The success of the young man or woman who goes The choice of a
from school into industry depends in the first instance vocation
upon a wise selection at the start. Different types of industrial work call for
altogether different tastes and abilities on the part of the individual. Some
individuals are of a distinctly mechanical temperament; their interests run to
machinery and the processes of working with material things. Others have
no interest at all in that direction; but they may be tactful in dealing with
other people, able to use their imaginations, with perhaps a penchant for
figures. Others, again, have none of these qualities but are punctual,
industrious, and can always be depended upon to carry out instructions to
the letter. American industry has openings which exactly fit individuals of
all temperaments and capacities; the big problem is to bring the man and the
opportunity into touch with each other. A square peg will not go into a
round hole; no amount of patience will put it there. But there are many
square pegs trying to fit themselves into the round holes of industrial
employment today because so many young men and women have taken the
first job offered to them without reference to its real suitability. These first
jobs very often lead up a blind alley. The time spent in them by thousands
of young men and women is time wasted.

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It is to help eliminate this enormous waste of human Vocational guidance.
effort that facilities for vocational guidance are now provided by a great
many schools. But no vocational counsellor can properly plan the start in
life without assistance from the boy or girl immediately concerned. It is the
duty of everyone to make a personal study of the opportunities which the
various forms of industry afford, to reflect upon his own tastes, abilities,
and ambitions, and to look at the problem as one of supreme importance to
himself. A right start is half the victory.[177]
General References
R. T. Ely, Outlines of Economics, pp. 26-62 (The New Industrial System);
W. Z. Ripley, Trusts, Pools, and Corporations, pp. 78-96; 703-734;
F. W. Taussig, Principles of Economics, Vol. II, pp. 419-442 (Industrial Combinations);
F. A. Ogg, National Progress, pp. 58-75 (The Legal Control of Industrial Combinations);
L. H. Haney, Business Organization and Combination, pp. 81-116;
E. D. Durand, The Trust Problem, pp. 9-30;
J. R. Commons, Labor and Administration, pp. 120-148;
F. A. Fetter, Modern Economic Problems, pp. 427-457;
Isaac Lippincott, Economic Development of the United States, pp. 469-490. See also U. S.
Bureau of the Census: Abstract of the Census of Manufacturers, 1914, ch. vi, vii.

Group Problems
1. The advantages and defects of large industrial organizations. Advantages of large-scale
production. Are large organizations essential to large-scale production? Large industrial organizations
and monopoly. Some examples. The distinction between “good trusts” and “bad trusts”. Can large
organizations be effectively regulated? Summary of merits and defects. References: F. W. Taussig,
Principles of Economics, Vol. II, pp. 419-442; L. H. Haney, Business Organization and
Combination, pp. 365-382; E. D. Durand, The Trust Problem, pp. 60-85; W. Z. Ripley, Trusts,
Pools, and Corporations, pp. 324-355; J. T. Young, The New American Government and Its Work,
pp. 141-186; John Moody, The Truth about the Trusts, pp. 102-132; E. S. Meade, Trust Finance, pp.
193-217; Theodore Roosevelt, Autobiography, pp. 476-515.
2. The position of women in industry—past, present, and future. References: Edith Abbott,
Women in Industry, especially pp. 1-9; 215-245; 307-323; T. S. Adams and H. L. Sumner, Labor
Problems, pp. 19-67; J. A. Hobson, Evolution of Modern Capitalism, pp. 290-321; John Mitchell,
Organized Labor, pp. 131-141; B. L. Hutchins, Women in Modern Industry, pp. 239-265.

Short Studies
1. The far-reaching effects of machine industry. L. C. Marshall and L. C. Lyon, Our
Economic Organization, pp. 106-126.
2. Evils of the factory system. W. C. Taylor, The Modern Factory System, pp. 177-227.
3. The power of Congress to regulate corporations. S. P. Orth, Readings on the Relation of
Government to Prosperity and Industry, pp. 208-220.
4. Roosevelt and the trusts. F. A. Ogg, National Progress, pp. 40-75; Theodore Roosevelt,
Autobiography, pp. 476-515; Otto H. Kahn, Our Economic Problems, pp. 317-322.
5. The Clayton Act. James T. Young, The New American Government and Its Work, pp. 173-178.

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6. The work of the Federal Trade Commission. W. H. S. Stevens, Unfair Competition, pp. 217-
244.
7. Politics and big business. J. G. Brooks, The Social Unrest, pp. 46-67.
8. Competition and big business. J. H. Hammond and J. W. Jenks, Great American Issues, pp.
160-173.
9. Profit sharing in industry. T. S. Adams and Helen Sumner, Labor Problems, pp. 333-378.
10. The contribution of American industry to the winning of the war. W. F. Willoughby,
Government Organization in War Time and After, pp. 67-120.

Questions
1. Show why the rise of the factory system is entitled to be called a “revolution.” Are people better
or worse off as a result?
2. “Machinery has made life more varied,” “Machinery has reduced life to routine.” With which of
these statements do you agree and why?
3. Make a diagram showing how a corporation is organized. If you owned one or more shares in a
corporation, what would be your rights? Your duties? Your risks? What is meant by the statement that
a corporation has “legal immortality”?
4. What is the difference between a pool, a trust, a holding company, and a merger? Is it better to
forbid these things or to regulate them?
5. Why is it that the Chicago meat-packing concerns have been able to sell dressed meat to
marketmen in the towns of the Eastern states more cheaply than it can be procured and slaughtered
locally?
6. Explain what President Roosevelt meant when he said that there are good trusts and bad trusts.
What service can a good trust perform? What harm can a bad trust do?
7. What are the chief provisions of the Sherman Law? The Clayton Act?
8. Show how regulation by a commission is likely to be more effective than regulation by law.
9. In determining a choice of a vocation what considerations are you going to keep in view? What
tests have you applied to make sure that you know your own tastes and abilities? Have you made
yourself acquainted with the industrial opportunities? See foot note on p. 397.
10. To what extent should the workers share in the management of industry?

Topics for Debate
1. The Sherman Law should be repealed.
2. The government should have the power to fix maximum prices in the case of all goods produced
by industrial organizations which possess a monopoly.

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CHAPTER XXI
LABOR AND LABOR PROBLEMS

The purpose of this chapter is to describe the organization, rights, claims, and problems of
the American wage-earner.

Labor in the Old and the New Industrial Order.— Hand-industry created
So long as the system of hand-industry was in existence no labor problem.
there was no sharp division of employers and laborers into two separate
classes. The employer was himself a workman at the loom, the bench, or the
forge. He might have as helpers a couple of apprentices who were learning
the trade, and perhaps a journeyman or two; but rarely were there more than
a half dozen men or women employed in a single establishment. The
apprentices and journeymen, moreover, expected in due course to set up in
business for themselves. There was no hard-and-fast labor class, and no
labor problem as we have it at the present day. The employer and his
helpers worked together, often lived together; no great gulf separated them
in wealth, education, or social position.

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THE CROWNING OF LABOR. By John W.
Alexander

From a Thistle Print, copyright by the Detroit
Publishing Company. Reproduced by permission.

THE CROWNING OF LABOR

By John W. Alexander
This picture forms one of the panels in a series of mural
decorations, representing the achievements of labor, at the

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head of the great staircase in the Museum of the Carnegie
Institute at Pittsburgh.
Pittsburgh, a great industrial community, is depicted as a
knight in steel armor, emblematic of strength and power.
Labor having reached its highest expression in the
prosperous industrial community, the city is being crowned
with a laurel wreath and heralded by the winged figures
which have arisen out of the smoke and steam. The whole
picture is symbolic of the immense energy which is guided
by labor into productive channels.

The advent of steam power, factories, and clanging Labor problems came
machinery changed all this. The number of employers with the Industrial
Revolution.
diminished; the number of employees increased.
Hundreds and even thousands of workmen were brought together into great
brick factories, working long hours, destined to be laborers throughout their
entire lives, with no hope of ever being anything else. With this new
organization of industry the relation of the employer to his helpers was
completely changed. The old personal relation disappeared; the employer
no longer possessed even a passing acquaintance with his men.[178] The new
relation was simply one of dollars and cents. He gave them so much wages;
they gave him so much work. Being only one among a hundred, or one
among several hundred, the individual employee lost his industrial
independence. Whether he liked his work or not there was little for him to
do but take the wages that were offered; he could no longer leave his
employer and set up in business for himself as he could in the older days of
hand-industry. The Industrial Revolution thus brought into being a new
labor class, new conditions of labor, and a new labor problem.
Why Labor Organizes.—Organizations of workmen, now commonly
known as trade unions or labor unions, were not in existence prior to the
Industrial Revolution. There was no need for such associations then. But
when the workers found that as individuals they could not bargain with their
employers on terms of equality, they naturally sought to achieve this
position of equality by combining together into groups or unions. The
original purpose of a labor organization, therefore, was to enable its
members to act unitedly in the interest of the worker, making a collective

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bargain with the employers. By this process of The aims of labor
collective bargaining they aim to secure fair wages, organizations.
reasonable hours of work, sanitary conditions in factories, and security
against dismissal except for proper cause. In addition to seeking these
advantages the labor organizations try to promote the social and intellectual
interests of their own members.[179] They have supported the policy of free,
public, education and have urged the prohibition of child labor in order that
the children of the workers may be kept at school. They have advocated
wholesome forms of public recreation, particularly the establishment of
play-grounds. In a word the policy of organized labor is to support every
movement which aims to make the worker self-respecting and independent
while opposing everything that tends to reduce him to the ranks of a mere
cog in the great industrial mechanism.[180]
Organization Methods.—Trade unions are Unions and
composed of the wage-earners in a particular trade or federations.
occupation.[181] A local union is formed among the wage-earners of each city
or town. These unions, usually called “locals”, hold regular meetings, elect
their own officers, and collect small monthly dues from each member. In
the earlier stages of the labor movement these local unions were not
federated into any national body, but in 1866 the National Labor Union was
formed by uniting many of the local associations. This national organization
became too much involved in politics, however, and soon went to pieces. In
its place arose another national organization known as the Knights of Labor,
which gained considerable strength during the twenty years from 1870 to
1890. The Knights of Labor did not attempt to federate the local unions but
took individual members directly into their own ranks. In the end the
organization became involved in several unsuccessful strikes and gradually
weakened, although even today it still maintains a nominal existence. Since
1890 the most important national organization in labor circles has been the
American Federation of Labor. Meanwhile, however, the unions in
particular trades (such as garment workers, mine workers, railroad
trainmen, etc.) had begun to affiliate into individual national unions of their
own. State and city federations had also been formed, made up of all the
unions in a given state or city. All this made more easy the rise of a giant
national federation.
The American Federation of Labor.—The How the A. F. of L. is
American Federation was organized in 1881 but at first organized.

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its growth was slow. Today it claims a membership of about four million
workers. It is a federal organization comprising various national unions in
particular trades, state federations of labor, city federations, and a large
number of directly affiliated unions. Directly or indirectly the American
Federation of Labor has brought into affiliation nearly thirty thousand local
organizations throughout the United States and Canada. Every year it holds
a convention made up of delegates from the component organizations, and
this convention determines the Federation’s policy. The annual convention
also elects the Federation’s general officers. The Federation has no
compulsory authority of its own but merely exercises such powers as the
organizations of which it is composed may concede to it. Its chief function
is to bring representatives of unions together once a year for the discussion
of common problems, to secure general agreement upon a common
program, to give the labor movement greater strength through united action,
and to represent the interests of labor before the public authorities.
The Federation’s Program.—The Federation’s The demands of
program comprises both economic and political “organized labor”.
aspirations. Among the former are included the demand for a rate of wages
in all trades sufficient to enable the worker to live and bring up his family in
accordance with “American standards of living”; the establishment of an
eight-hour workday in all occupations, with a half holiday on Saturdays; the
prohibition of paid labor by children under sixteen years of age; the more
effective inspection of workshops, factories, and mines in order that proper
sanitary conditions may be ensured and industrial accidents prevented; and
the establishment of a system of social insurance against sickness,
disability, accident, and old age. Among the political changes advocated by
the Federation are the nation-wide use of the initiative, referendum, and
recall; the election of a President by direct popular vote; the restriction of
the Supreme Court’s right to declare laws unconstitutional; the prohibition
of injunctions in labor disputes; and the extension of government control
over railroads. The Federation also urges that greater attention be given to
vocational training in the schools. It should be understood that the
foregoing program is not fixed and inflexible; it may be changed by the
annual convention at any time and is being constantly modified.[182]
Revolutionary Labor Organizations.—In recent The radical element in
years it has become apparent that the relatively labor’s ranks.
moderate program and the strictly peaceful methods of the American

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Federation do not satisfy the more radical elements in its own ranks.
Repeated attempts have been made at the annual convention to displace Mr.
Gompers, the head of the Federation, in favor of some leader with more
radical views, but thus far these attempts have failed. In some of the labor
organizations the radicals have from time to time got out of hand and have
gone on strike in defiance of their leaders. Strikes of this sort are commonly
known as “outlaw strikes”.
But more particularly the drift to radicalism in The I. W. W.—its
labor’s ranks has been shown by the organization and history and aims.
progress of the Industrial Workers of the World (the I. W. W.), which aims
to supplant the American Federation of Labor and to combine all the
workers of the country into “one big union”. The history of the I. W. W.
goes back to 1898, but it gained little strength as an organization until about
1910. Estimates as to the extent of its present membership are uncertain.
The program of the I. W. W. includes the abolition of all capitalism, the
control of all industry by the workers, and the union of workers throughout
the world. The I. W. W. opposes the making of agreements with employers
and is at war with the whole existing economic system. It favors the
overthrow of the present system of government and the establishment of a
proletarian dictatorship.
Methods and Policies of Labor: Collective What “collective
Bargaining.—The prime purpose of the regular labor bargaining” means.
organizations, as has been said, is to enable the workers to bargain with the
employers upon equal terms. Where the unions have acquired strength,
therefore, they insist that all agreements as to wages, hours, and conditions
of labor shall be made by the employer on the one hand and the officers of
the unions on the other. That is to say they insist that the members of the
union shall deal with the employers collectively, not individually, and that
the employers shall agree to this method of determining all labor questions.
The unions insist upon collective bargaining because they believe it to be
the only way in which the workers can be prevented from competing among
themselves and thus reducing the rate of wages below a reasonable
minimum. The labor of today cannot be sold tomorrow. If it is not sold
today, it perishes and brings the worker no return. This inexorable fact
places the workman in a position where, if left without protection, he would
have to accept whatever terms are offered him. Many large employers of
labor throughout the country have accepted the principle of collective

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bargaining, but many others decline to do so on the ground that it interferes
with freedom of contract and restricts employment to the members of labor
unions. Collective bargains between employers and workmen are made at
joint conferences between the representatives of both sides, and the matters
agreed upon at these conferences are embodied in trade agreements, which
usually run for a term of months or years.
The Right to Strike.—The chief weapon in the The theory and
hands of organized labor is the right to strike. A strike is practice of strikes.
a “concerted withdrawal from work by a part or all of the employees in an
establishment, or several establishments, to enforce a demand on the part of
the employees”. Strikes are called by officials of the unions when it appears
that the demands of the workers cannot be enforced in any other way. This
can be done, as a rule, only after a vote of the members has been taken, and
in most cases the approval of the national officers of the union must also be
secured. While the men are “on strike” it is customary to grant them a small
daily allowance for the support of themselves and their families. This is
paid out of the treasury of the union where funds have been accumulated
from monthly membership fees paid by the men. When Picketing
a strike is called, “pickets” are stationed near the factory or plant against
which the strike is being conducted. These pickets or watchers are furnished
from among the strikers; their purpose is to intercept “strike-breakers” or
persons who may be going to take the places of the strikers, and to persuade
them against doing this. So long as picketing is conducted peacefully and
no intimidation or violence is practiced, the laws do not, as a rule, interfere.
In addition to picketing, the strikers often persuade Boycotts.
members of other unions to “boycott” the products of the establishment
against which the strike is being conducted, in other words to refuse to
transport materials for it or to buy from merchants any of its manufactures.
It is becoming the general practice of organized labor to buy no goods
which do not bear the “union label”, which is a sticker or tag certifying that
the merchandise was made by members of a union.
Lockouts and Blacklists.—But if the worker has his How the employer
weapons, so has the employer. When the employer strikes back.
believes the demands of his workmen to be excessive he can shut down the
establishment and lock the workers out. Then, if he can find men and
women to work for him on more favorable terms, he takes them into his
employ and starts up again. Lockouts are not now as common as they used

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to be. Another weapon of the employer is the blacklist, which contains the
names of workmen who have been prominent in fomenting labor troubles
and who are, accordingly, regarded by the employers as undesirable. This
list is circulated by the employers from one to another and no workman
whose name is on it will be given employment. When a worker’s name goes
in the blacklist it means that he has the greatest difficulty in finding
employment in his own trade anywhere.
The Use of Injunctions in Labor Disputes.—A Labor and the courts.
much-discussed question affecting the interests of labor relates to the use of
injunctions in controversies between employers and workmen. An
injunction is a writ or order issued by a court of equity. It commands a
person or a corporation to do something, or not to do something. A court,
for example, may by the issue of an injunction order an employer to
reinstate a workman who has been wrongfully dismissed, or it may forbid
the calling of a strike by the officers of a union if such action involves the
breach of an agreement with the employer. Anyone who Contempt of court.
disobeys an injunction is guilty of “contempt of court” and in most cases
may be clapped into jail without formal trial by a jury. Members of labor
organizations feel that injunctions are frequently used in the interest of the
employers. The American Federation of Labor has strongly opposed the use
of injunctions in labor disputes so long as men are not given a trial by a jury
before being adjudged in contempt of court. The Clayton Act of 1914
provided that, in the federal courts, alleged violations of an injunction
issued in connection with labor controversies should be determined by a
jury trial. In the courts of most of the states, on the other hand, no such
provision has yet been made and there is strong opposition to making it.
Many people believe that labor is asking a special privilege in demanding
that controversies in which it is especially interested shall have an
exemption from the usual process of the courts.
The Closed Shop and the Open Shop.—The most hotly-debated
question in the whole range of labor problems today concerns the policy of
the open versus the closed shop. Shall all shops and factories be closed to
those who are not members of the union? Shall non-union men be virtually
required to join the union or be refused employment unless they do? Or
shall shops and factories be open to all competent workers no matter
whether they belong to the union or not? A closed shop, so-called, is a
factory or other industrial plant in which none but members of a labor union

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are employed.[183] An open shop is one in which the employer makes no
distinction between those who are members of the union and those who are
not. The unions insist upon the closed shop as the only way of maintaining
the effectiveness of their organizations and of upholding the principles of
collective bargaining. They believe it to be impracticable to have union men
and non-union men working efficiently, side by side, in the same
establishment. Many employers, on the other hand, maintain the open shop
because they believe it is essential to proper discipline and gives every
workman an equal opportunity. They believe that it is the inalienable right
of every American to work for whom he pleases, on such terms as he
pleases, without the necessity of joining any organization. Hence they have
adopted the habit of calling the open shop system the “American plan” of
industrial organization. In those trades where practically all the workers
have become unionized the controversy over the open or closed shop does
not usually arise; it is chiefly in those trades where a substantial proportion
of the workers are not organized.
Conciliation and Arbitration.—The frequency of The amicable
strikes and lockouts has been diminished in recent years settlement
disputes.
of labor

by an increasing resort to the settlement of industrial
disputes by conciliation and arbitration. By conciliation is meant the action
of some public authority, usually a state board, in tendering its assistance to
smooth out the difficulty and effect a settlement. This assistance both sides
often accept, although they are under no obligation to do so. By arbitration
is meant an agreement to submit the dispute to some one man or group of
men, and to abide by whatever decision may be rendered. An arbitration
board is commonly made up of three members, one chosen by the
employers, one by the workers, and a third mutually agreed upon as neutral.
Some states maintain official boards of arbitration to which industrial
disputes may be referred at any time by consent of the disputants. Even in
cases where they are not called upon to arbitrate disputes these boards
usually have the right to investigate the questions at issue and to make
known their findings for the information of the public.
Compulsory Arbitration—The Kansas Plan.— Industrial courts.
Although the compulsory arbitration of industrial disputes has existed for
some years in a few other countries[184] it has not been looked upon with
favor by labor leaders in the United States. These leaders feel that
compulsory arbitration would take from the worker his most effective

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weapon—the right to strike at an opportune time. In 1919, however, the
legislature of Kansas passed a law establishing in that state an Industrial
Court, with judges appointed by the governor.[185] This court is empowered
to fix rules, regulations, and practices for the operation of essential
industries.[186] All industrial disputes, of whatever sort in these essential
industries, must be submitted to it, and its decisions are binding upon
employers and employees alike. If either side declines to accept the award,
the state government is empowered to take over the industry and operate it
until the controversy is settled. The Kansas law substitutes adjudication
before a state tribunal for the usual method of redress by strikes and
lockouts. It is based upon the doctrine that neither capital nor labor has the
right to carry on industrial warfare at the expense of the public and that
essential industries must be kept in operation because the whole community
depends on them. The law has been held to be constitutional, but it is still
bitterly opposed by the leaders of organized labor.
Labor and the Law.—It is often alleged that the Are the laws
laws of the land are largely on the side of the employer. unfriendly to labor?
This may have been true of the common law which grew up in the days of
hand-industry, but the statutes passed by Congress and by the state
legislatures during recent years have done a great deal to ensure the just and
humane treatment of the American worker. These laws have been concerned
with such matters as the prevention of industrial accidents and the
establishment of workmen’s compensation, the limitation of the hours of
labor for women, the prohibition of child labor, and the establishment of
minimum wages in certain industries. In addition the laws have made
provision for proper sanitary conditions in shops and factories, and have
eliminated many of the abuses which grew up in the earlier days of the
factory system. The general tendency of American legislation during the
past twenty-five years has been in the direction of protecting the workman
in all cases where he cannot be counted upon to protect himself.
Industrial Accidents and Employers’ Liability.— The old plan of
The use of high-powered and complicated machinery in dealing with injured
workmen.
modern times has greatly increased the danger of
accident to the workers. By the terms of the common law an employer was
obliged to grant compensation to any workman who met with an accident
because of defects in the machinery or because of any other negligence on
the employer’s part. But he was not obliged to grant compensation when the

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accident was due to the employee’s own negligence or to the negligence of
a fellow-employee. In any event the only way in which an injured workman
could get compensation, in case the employer declined to give it, was by
bringing a suit in the courts, an expensive and uncertain method. This meant
that large numbers of the workers who were disabled every year by
accidents were left without any means of support for themselves and their
families. It availed very little to say that they were themselves to blame for
their plight, or that some fellow-employee was to blame. Placing the blame
did not save the worker or his family from starvation. A great amount of
hardship and suffering was caused in past generations by putting so much of
the burden upon the hapless employee.
When machines break down the employer has to pay Why we have
the cost of replacing or repairing them. He, in turn, adds changed it.
this expense to his cost of production and in this way passes it to the public
which buys his product. But men break down as well as machines. Every
great industry has many human accidents each year. No matter how well the
machinery is guarded or how careful the workmen may be, accidents are
inevitable. An enormous amount of attention has been given to making
railroad-operation safe by means of automatic couplers, air-brakes, electric
signals, interlocking switches, and so on, yet it is said that one railroad
employee is killed or injured each year for every mile of trackage operated.
Why not, therefore, require the employer, and through him, the consumers
of the finished products, to pay for what is an inevitable item in the cost of
transportation and manufacture? The answer to this question is that it
should be done, and in most of the states it is now being done, through the
medium of workmen’s compensation laws.
Workmen’s Compensation.—The usual The new plan.
arrangement established by workmen’s compensation laws is as follows:
Every injured worker is entitled to compensation, according to the extent of
his injury, no matter how the accident may have been caused. If the accident
results in the death of the workman, his dependents are entitled to
compensation. The amount of the compensation is either fixed by law, or
adjusted to the amount of wages which the employee has been receiving, or
determined by a state board. It is paid in installments, so much per week for
a set period of time. In addition, an injured workman receives medical
attention without any expense to himself. The employer usually arranges
with a liability insurance company or with the state insurance department to

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pay this compensation in return for an annual premium which he remits to
the company or to the insurance department as the case may be. The cost of
the insurance, in other words the amount of the annual premium, becomes
one of the regular expenses of conducting business, like taxes, fire
insurance, or interest. If the employer does not arrange for liability-
insurance, he must pay the compensation from his own pocket. These
workmen’s compensation laws have been of incalculable service to the
employees; at the same time the cost to the public, in the way of higher
prices, has been so small as to be almost unnoticeable.
Limitations on the Working Hours of Women in The need for special
Industry.—The various industries of the United States laws to regulate the
employment of
now employ several million women, and the special women.
protection of the laws has been extended to them in
various directions. The reason for this is that women cannot work long
hours without detriment to their physical welfare, and any break-down in
the physical well-being of several million women would result in a serious
injury to the physique of the whole race. Women in industry, moreover, are
not as well able to protect their own interest as men are and for that reason
also the laws have intervened in their behalf. Most of these laws have been
directed towards limiting the hours of labor for women to a certain
maximum per week, forbidding work at night, and improving the conditions
under which women are employed. Factories, for example, have been
required in some states to provide rest rooms, and stores are under
obligation to furnish seats for the use of saleswomen whenever they are not
busy at the counters. It may be urged that women, like men, should have the
right to work as many hours as they please; but the general welfare of
society is paramount to the rights of any class, whether of men or women. It
is the duty of society to protect itself against anything that tends to break
down its physical or moral well-being.
Child Labor.—In the early days of the factory The old iniquities of
system children of twelve, ten, or even seven years child labor.
were put to work for long hours under frightful conditions. Underpaid and
underfed, deprived of schooling, they grew up to be physically and
intellectually unfit and developed into inferior citizens.[187] Child labor was
thought to be cheap, and from the employer’s point of view it was; but in
the long run society found it to be incalculably expensive. Unrestricted
child labor increased the number of illiterates, promoted the spread of

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disease and crime, augmented poverty, and bred discontent. The child is the
father of the man; and as our children are cared for so will the future
manhood and womanhood of the nation be. No fewer than two million
persons under fifteen years of age are engaged in some form of wage-
earning occupation in the United States today. Since they are unable to
protect themselves against overwork and underpayment, the state must see
to it that they are treated by their employers with consideration and
humanity.
The laws relating to child labor differ considerably in Child labor laws of
the various states; in some the provisions are much today.
stricter than in others. In general the tendency is to prohibit the regular
employment of children under fourteen years of age. Many of the states
forbid the employment of persons under sixteen years of age in night work
or in certain dangerous occupations, such as mining. The hours of labor for
persons under sixteen are also limited in some states to not exceeding eight
per day. Many other provisions restricting child labor are now in force, and
year by year new limitations are being added.[188] In 1916 Congress
undertook to place a general restriction on child labor throughout the entire
country by passing a law which forbade the transportation and sale in
interstate commerce of any goods made in whole or in part by children
under a designated age-limit. The Supreme Court of the United States held
this law to be unconstitutional, however, declaring that the authority to
regulate commerce among the states does not empower Congress to control
the conditions of industry within the state boundaries. Congress has since
placed a ban upon child labor in another way, namely, by providing that the
profits of these industries which employ children shall be taxed more
heavily than the profits of those concerns which do not.[189]
Minimum Wage Laws.—Investigations into the The arguments for
subject made some years ago disclosed the fact that not minimum wage laws.
only were women and children frequently overworked in industries but that
they were often underpaid as well. One reason for this underpayment was
that many of the women and children workers lived at home and did not
need to be entirely self-supporting. They merely contributed to the general
family earnings. They were thus in a position to work for smaller wages
than if they were entirely self-dependent. But there were also many
thousands of women and children who had to support themselves entirely
from their own earnings and to these the low rate of wages meant hardship

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and suffering. It meant undernourishment, physical break-down, and
premature old age. It led to pauperism and immorality. So the laws have
once more intervened to protect the well-being of the race against the fruits
of industrial injustice by providing that the wages of women and children in
industry shall not fall below a certain minimum.
Many of the states have put these minimum wage Nature of these laws.
laws upon their statute books. Sometimes the minimum rate of wages is
fixed in the law; more often it is determined in the case of each industry by
a state board after an investigation. The minimum rate is set at such a point
as will enable the wage-earner to be self-supporting. Here, again, the basic
principle is that the actual cost of production, including the cost of
protecting society against things detrimental to it, should be paid by the
public which buys the goods. One practical difficulty Some practical
connected with the minimum wage plan is that it tends difficulties.
to throw the less efficient employees out of work altogether. The employer
who is forced by law to pay a fixed minimum in wages, no matter how
unskillful the worker may be, will promptly dismiss all those who do not
give him, in work, the worth of their wages. If a minimum wage is
established in all industries, where will the least skillful find employment?
The Problem of Unemployment.—The greatest of Causes of
all economic wastes today is that which results from unemployment.
unemployment. The ideal condition would be to have everybody employed
all the time. If that could be accomplished we could produce a great deal
more each year at lower cost. Unemployment means that idle men must use
what other workers are producing. But it is not possible to do away with
unemployment altogether. Some trades are seasonal in character, that is to
say, busy at one period of the year and slack during others. In northern
regions the building trades, bricklaying, outdoor carpentry, and so on, are in
this category. The larger part of the unemployment, however, is due to other
than seasonal causes. It is due rather to trade depressions which from time
to time cause the shutting down of industrial establishments and it is caused
in some degree by the lack of careful planning on the part of the employer.
The number of unemployed workers throughout the country varies greatly
from time to time. It may be as low as five per cent or as high as forty per
cent of the entire number.
Various plans for lessening the evils of Some suggested
unemployment have been suggested, but they all remedies.

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present some practical difficulties. Better vocational training would reduce
the number of unskilled workers; and it is the unskilled who contribute
most largely to the ranks of the unemployed. The establishment of public
employment offices has done something to bring workers into touch with
available jobs. It is proposed that we have a more careful planning of state
and municipal improvements so that the heaviest demand for labor on
public works would come at times when unemployment is most prevalent—
this, it is urged, would help alleviate the trouble even though it might not go
very far in solving the whole problem. Much would be accomplished by the
better organization of industrial production and by some scheme of co-
operation among employers which would enable workers to be transferred
from one industry to another. Great practical obstacles are in the way of
doing this on a large scale.
Some large concerns have already adopted the plan How progress toward
of setting aside each week a certain percentage of the aproblem
solution of the
is being
total pay roll as an unemployment reserve. Then, made.
whenever workers are temporarily out of employment
through the slackening of business and not through any fault of their own, a
certain weekly wage is paid to them from this reserve. Something will also
be accomplished in the way of reducing unemployment by better vocational
guidance, for young men and women often go into employments which
afford no chance of promotion and which they subsequently find to be
unsuited to their tastes. Many large industries now bestow great care upon
the selection of new employees. All applicants are dealt with through a
special official known as the employment manager, whose function it is to
make reasonably sure that the applicant is fitted for the position. Foremen
and bosses are not allowed to discharge employees at will. The complaints
must first be referred for investigation to the employment manager’s office.
This plan will also help alleviate unemployment if it becomes general.
Unemployment insurance has been tried in a few Unemployment
European countries and has been advocated in America. insurance.
This plan contemplates that each employer shall contribute to a fund from
which a stated wage scale shall be paid to those who remain out of work
through no fault of their own, or that the government shall provide such a
fund from the proceeds of taxes. It is easy to see that a scheme of this sort
might be seriously abused, yet so long as the problem of unemployment
remains serious we must strive to find some way of solving it.

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Old-Age Pensions.—Most wage-earners do not save enough to provide
for themselves in old age. The result is that after long years of toil they are
dependent upon their children, or must eke out a precarious existence by
doing odd jobs, or must be supported by the public poor-relief funds. This is
not a desirable state of affairs and in some European The experience of
countries, notably in Great Britain and in Germany, Great Britain and
Germany.
systems of old-age pensions for workers have been
established. In Germany the worker pays a small amount each week into the
fund; the employer pays an equal amount and the government pays the rest.
In Great Britain the employers and the government pay it all. Every wage-
earner, on reaching old age, receives a small weekly allowance for the rest
of his days.[190] The cost of an old-age pension system is enormous, but in
the long run it is likely to represent real economy. Sooner or later the
system will probably be established in this country; the only question is
whether, when it comes, the wage-earner should be required to pay a
regular contribution during the years in which he is able to do full work.
American Labor and the War.—Among the The patriotism of
various factors which helped to win the World War the American labor.
loyalty and enthusiasm of American labor should be accorded a high place.
War always creates a great shortage of workers, partly because so many
able-bodied men are taken into the army and partly because of the
tremendous need for workers in munition plants and other war industries.
During war, therefore, the labor organizations are always in a position to
make demands which cannot well be refused. It is quite true that American
labor took advantage of its opportunities during the World War; but so did
the employers. The wages of labor rose everywhere, as did the profits of
industry. Nevertheless it can fairly be said that labor co-operated with the
government at all the essential points and produced the uninterrupted flow
of materials which was needed to ensure victory. Certain it is that without
this co-operation on the part of labor the United States could not have
figured so prominently in deciding the ultimate issue of the great conflict.
General References
Isaac Lippincott, Economic Development of the United States, pp. 491-511;
R. T. Ely, The Labor Movement in America, pp. 34-91 (Growth and Present Conditions of Labor
Organizations);
T. S. Adams and H. L. Sumner, Labor Problems, pp. 461-501 (Labor Laws);
F. T. Carlton, Organized Labor in American History, pp. 11-44 (Epochs in the History of
Organized Labor); pp. 169-197 (Labor Parties); pp. 198-225 (Ideals of the Wage Earner);

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R. F. Hoxie, Trade Unionism in the United States, pp. 254-275 (Collective Bargaining);
John R. Commons and J. B. Andrews, Principles of American Labor Legislation, pp. 35-90
(Individual Bargaining);
Samuel Gompers, American Labor and the War, passim.

Group Problems
1. The origin, growth, and aims of labor organizations. The organization of industry before the
Industrial Revolution. Rise of the factory system. Creation of a labor class. Early conditions of
factory employment. Beginnings of labor organizations. Early attitude of the law and the courts.
Growth of labor organizations during the past half century. Central organizations and national bodies.
Present-day aims of labor organizations—economic, social, and political. Specific features of
organized labor’s program. Labor as a factor in politics. The movements for industrial democracy.
References: T.S. Adams and H.L. Sumner, Labor Problems, pp. 214-279; Sidney Webb, History of
Trade Unionism, pp. 1-56; 431-541; Mary Beard, Short History of the American Labor Movement,
pp. 47-79; F. T. Carlton, Organized Labor in American History, pp. 11-44; 198-225; R. F. Hoxie,
History of Trade Unionism in the United States, pp. 211-252 (The Law in Relation to Labor); John R.
Commons (editor), History of Labor in the United States, passim; R. T. Ely, The Labor Movement in
America, pp. 34-91; P. F. Brissenden, History of the I. W. W., pp. 83-112 (The I. W. W. vs. the A. F. of
L.).
2. The American Federation of Labor: its history, aims, and achievements. References:
Samuel Gompers, American Labor and the War, pp. 186-196; John Mitchell, Organized Labor, pp.
397-406; F. T. Carlton, History and Problems of Organized Labor, pp. 75-82; Mary R. Beard,
Short History of the American Labor Movement, pp. 86-149; G. G. Groat, Organized Labor in
America, pp. 82-99; Helen Marot, American Labor Unions, pp. 11-28.
3. The arbitration of industrial disputes. References: T. S. Adams and Helen Sumner, Labor
Problems, pp. 295-332; Sidney Webb, Industrial Democracy, pp. 222-246; N. P. Gilman, Methods of
Industrial Peace, pp. 301-345; R. T. Ely, The Evolution of Industrial Society, pp. 374-397; John
Mitchell, Organized Labor, pp. 337-346; F. W. Taussig, Principles of Economics, Vol. II, pp. 303-
322.
4. The general principles of labor legislation. References: W. S. Jevons, The State in Relation to
Labor, pp. 1-32; F. W. Taussig, Principles of Economics, Vol. II, pp. 285-302; John R. Commons and
J. B. Andrews, Principles of Labor Legislation, pp. 1-34; H. S. Person, Labor Laws and Their
Enforcement, passim.

Short Studies
1. The four epochs in the history of organized labor. F. T. Carlton, Organized Labor in
American History, pp. 11-44.
2. Labor and politics. F. T. Carlton, History and Problems of Organized Labor, pp. 169-197.
3. The Knights of Labor: why they failed. Mary R. Beard, Short History of the American Labor
Movement, pp. 116-126.
4. The right to strike. John Mitchell, Organized Labor, pp. 299-323.
5. Collective bargaining. Final Report of the U. S. Industrial Commission, pp. 843-847.
6. The use of injunctions in labor disputes. G. L. Bolen, Getting a Living, pp. 548-580; J. R.
Commons, Trade Unionism and Labor Problems, pp. 156-163.
7. The Kansas plan. H. J. Allen, The Party of the Third Part, pp. 16-91.
8. Workmen’s compensation. John R. Commons and J. B. Andrews, Principles of American
Labor Legislation, pp. 356-385. See also the publications on this subject issued by the National
Industrial Conference Board.
9. Women and children in industry. T. S. Adams and H. L. Sumner, Labor Problems, pp. 19-67.

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10. The problem of unemployment. E. T. Towne, Social Problems, pp. 140-159; W. H.
Beveridge, Unemployment, 3d ed., pp. 1-15 (Great Britain).
11. Profit sharing as a solution of industrial problems. T. S. Adams and H. L. Sumner, Labor
Problems, pp. 333-378.
12. Old age pensions. W. H. Dawson, Social Insurance, pp. 128-165; F. W. Lewis, State
Insurance, pp. 148-170.

Questions
1. Explain why labor organizations came into existence during the nineteenth century. On the
whole have they been a benefit to industry or not? Give your reasons.
2. Give some reasons for expecting trade unions to be stronger in certain employments than in
others. In which of the following employments would you expect the unions to be strong, and in
which would you expect them to be weak: (a) railroading; (b) domestic service; (c) school teaching;
(d) farming; (e) mining; (f) steel-making? Give reasons for your expectations in each case.
3. With what points in the program of the American Federation of Labor do you agree and with
what ones do you disagree?
4. The closed shop is sometimes criticised as being “un-American” and the open shop has been
called the “American plan”. What does this mean?
5. Are there any employments, public or private, in which strikes should not be permitted?
6. Why should the consumer pay the costs of all industrial accidents? Explain how he does so
where workmen’s compensation acts have been passed.
7. In your opinion would the legislature be justified in limiting to eight hours per day the labor of
(a) women in candy factories; (b) men who work on farms; (c) men who work in coal mines; (d)
physicians; (e) waitresses in hotels; (f) female servants; (g) members of the fire-protection service in
cities; (h) motormen on street cars? Give your reasons in each case.
8. Give your views as to the minimum age at which any person should be permitted to engage in
regular employment for wages. At what age should employment in night work be permitted? Should
persons under fourteen years of age be allowed to work for wages after school hours, on Saturdays,
and during vacations?
9. A girl of sixteen has graduated from grammar school and could obtain a position as clerk in a
millinery store at eight dollars a week. She is living at home and does not have to support herself. But
the minimum wage for clerks in stores happens to be ten dollars per week and the owner will not pay
so much. Is there any injustice here?
10. How can the evil of unemployment be reduced? What abuses might arise in connection with
unemployment insurance? Who pays the cost of unemployment now? Argue whether we should or
should not place industrial unemployment on the same basis as industrial accidents.

Topics for Debate
1. The demand for collective bargaining is (or is not) justified.
2. A plan of old-age pensions, like that now maintained in Great Britain, should be established in
the United States.

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CHAPTER XXII
CURRENCY, BANKING, AND CREDIT

The purpose of this chapter is to explain what money is, what purposes it serves, how banks
conduct their business, and how credit facilitates trade.

The Origin of Money.—The use of money is one of Money supplants
the marks of civilization. In primitive communities barter.
money was unknown. Buying and selling was by barter, the exchange of
one commodity for another. The man with too much corn exchanged corn
for cattle or for a boat or for skins with which to clothe himself. But
exchange by barter is a slow and clumsy method because it means that two
persons must be found each of whom wants exactly what the other has to
sell, a thing which does not easily happen. With the growth of trade,
accordingly, it became necessary to find a medium of exchange, in other
words some single commodity which is so readily exchangeable for all
other commodities that it can be used to facilitate buying and selling. Some
of the Indians of North America used the ends of shells, or wampum, for
this purpose. The early colonists in Virginia chose tobacco as a temporary
medium of exchange, it being in universal demand. People accepted
tobacco in exchange for things which they wished to sell, and gave tobacco
for things which they desired to buy. This was not because they wanted
tobacco for their own use but because of all commodities in the colony
tobacco was the most easy to exchange for other things at a moment’s
notice. No ordinary form of merchandise, however, makes an entirely
satisfactory medium of exchange and all of them in time gave way to the
precious metals, gold and silver, which are now everywhere used for this
purpose.[191]
The Functions which Money Serves.—Money, Money as a standard
however, serves not only as a medium of exchange but of value and a
measure of deferred
as a standard of value and a measure for future payments.

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payments. Money is the common denominator by means of which we
express the value of different commodities. If money were not in existence,
how could we state the value of anything? It would be of little avail to say
that a suit of clothes is worth ten hats, for this would merely beg the
question: How much is a hat worth? Money performs the function of
providing a uniform scale into which all values can be translated. When we
say, therefore, that a suit of clothes is worth forty dollars and that hats are
worth four dollars apiece we are measuring both commodities according to
the same standard of value. Money also facilitates the use of credit by
providing a measure for deferred payments. People cannot well agree to
indefinite future obligations; they must know exactly what a debt amounts
to. The use of money enables men to borrow today with the understanding
that they will repay the same amount at some future date.
Characteristics of Money.—Gold and silver are best The qualities which
adapted to facilitate exchange because they possess, in money must have:
high degree, certain qualities which money must have in order to fulfil its
functions properly. What are these qualities? To serve 1. Value.
acceptably as money a substance must have, in the first place, some value in
itself; it must therefore have utility as a basis of value. A worthless
substance, which nobody wants, would not do. Second, 2. Stability.
it must not only have value but stability of value. To serve efficiently as
money a metal must not be subject to wide and frequent fluctuations in
what it is worth. A substance which might be worth much today and little
tomorrow would not be satisfactory. Gold and silver, being produced in
limited quantities, are more nearly stable in value than any other metals,
gold being particularly so. Third, the metal used as 3. Convenience.
money must possess relatively high value in proportion to its bulk so that it
can be easily passed from hand to hand. There was a tradition in ancient
Greece that Lycurgus compelled the Lacedaemonians to use iron money in
order that its weight might deter them from overmuch trading. If iron were
used as currency today a dime would weigh more than a pound.[192] In a
word the metal used as money must be portable, easy to carry around.
Fourth, it must be relatively indestructible, not subject 4. Durability.
to rapid decay or rusting. Gold and silver satisfy this requirement, for time
does not destroy their value nor do they suffer much wear and tear through
handling. It is believed that some of the gold which is in the coinage of
European countries today served as money in the time of the Romans. Fifth,

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it must be homogeneous, that is, it must not vary in 5. Uniformity.
quality, otherwise equal amounts of it would not have the same value. In
order that we may reckon things in terms of money the units must be equal
and similar so that twice one will always make two. If we were to use
diamonds as money, it would not always happen that two stones would be
worth exactly twice as much as one. Sixth, it must be 6. Divisibility.
easily divisible without loss of value, for we need small units of money as
well as large ones. One great difficulty which primitive people found in
using the skins of animals as money was that they could not be cut into
portions without destroying their value altogether. Nobody would take, for
example, a quarter of a skin in payment for a basketful of corn. But gold
and silver can be divided at will and yet retain an exactly proportionate
value. Finally, it must be a metal or other substance the 7. Cognizability.
genuineness of which can be easily determined. If every person who
receives money had to scrutinize, weigh, and test it, the processes of trade
would be intolerably delayed.[193] Gold and silver may not themselves be
readily cognizable by the uninitiated, but they are easy to stamp into coins
with a stamp or design and this impression cannot be easily counterfeited.
The various countries of the world adopted gold and silver as their chief
media of exchange because these metals fulfil in the largest degree the
foregoing requirements. For small units of currency nickel and bronze are
utilized because subsidiary coins of gold and silver would be too small.
The Coinage of the United States.—In the United Gold is the American
States gold is the standard of values. This does not standard of values.
mean that gold is circulated from hand to hand in every transaction, but
merely that all economic values are expressed in terms of gold coin. The
actual payments may be made in paper notes, or in silver, nickel, or copper
coins. The monetary system of the United States is based upon the decimal
system, which was adopted in 1784 at the suggestion of Thomas Jefferson.
This means that we reckon in fractions and multiples of ten—ten cents one
dime, ten dimes one dollar, and ten dollars one eagle. For convenience there
are also additional coins, such as nickels, quarter dollars, half dollars, and
half-eagles. No gold dollars are now coined, as they were found to be too
small for convenience.[194] The mint has also ceased coining quarter eagles
but continues to make five, ten, and twenty dollar gold pieces although
these coins remain for the most part in the banks where they are held as
reserves. Very little gold coin is in circulation anywhere in the world today.

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The coining of money is wholly within the jurisdiction of the national
government; no state is allowed to make or issue coins. The United States
The making of coins takes place at four mints, which mints.
are located at Philadelphia, New Orleans, Denver, and San Francisco.[195] If
you look at the reverse side of a recently minted coin, you will find, near
the base, a small letter indicating the mint at which the coin was struck; if
there is no such letter, the coin was minted at Philadelphia.
The Controversy over Bimetallism.—In 1792, The ratio between
when the first American mint was established, Congress gold and silver.
provided by law that there should be two monetary units, the gold dollar
and the silver dollar—the ratio between the two, in terms of weight, being
fixed at fifteen to one. Any person bringing gold or silver bullion to the
mint was entitled to have it made into coins at this ratio, which
corresponded to the relative market value of the two In 1792.
metals in 1792. Silver eventually cheapened in relation to gold, however,
and in time only silver bullion came to be coined. So In 1834.
Congress in 1834 reduced the weight of the gold dollar and made the ratio
sixteen to one. This, in turn, proved to be an under-valuation of silver, and
no silver now came to the mint to be coined.[196] In In 1873.
1873, after silver dollars had practically dropped out of circulation
Congress abolished the free coinage of silver altogether.[197] Presently,
however, there was a popular demand for a resumption of silver coinage
and the minting of silver dollars was recommenced,[198] In 1893.
but only on a limited scale; and in 1893 it was once more abandoned.[199]
This action on the part of Congress raised a great hue and cry in certain
sections of the country, especially in the South and West. Free coinage of
silver was desired not only by owners of mines who had silver to sell but by
large numbers of farmers who believed that gold was becoming too scarce
to serve as the sole standard of value. Scarcity of gold meant scarcity of
money, and scarcity of money meant low prices for wheat. If money were
plentiful, prices would go higher, and the way to get more money was to
coin into dollars all the silver that would come to the mint. That was the
farmers’ argument.
The “Cross of Gold” Campaign.—The leaders of the Democratic party
took advantage of this widespread agricultural grievance. At the national
convention of that party, held at Chicago in the summer of 1896, Mr. W. J.
Bryan swept the delegates off their feet with his denunciation of the “few

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financial magnates who corner the money of the world” and his plea for the
poor man’s dollar. “You shall not press upon the brow of labor this crown of
thorns”, he declaimed. “You shall not crucify mankind upon a cross of
gold.” The delegates, amid tumultuous cheering and enthusiasm, thereupon
nominated the young orator from Nebraska as their candidate for President
and made the free coinage of silver at a ratio of “sixteen to one” a
fundamental part of the Democratic platform in the election campaign. But
Bryan was overwhelmingly defeated and the clamor for free silver soon
subsided. In 1900 Congress passed the Currency Act, Final settlement of the
which declared gold to be the sole standard and directed question in 1900.
the secretary of the treasury to maintain all other forms of currency at a
parity with gold. This means that every silver dollar, whether the silver
which it contains be worth a dollar or not, is guaranteed by the national
government to be worth a gold dollar.
Paper Money.—Our experience with paper money Our early experience
goes back to colonial days when bills of credit were with paper currency.
issued by Massachusetts to pay the costs of the expedition against Quebec
in 1690. But no great amounts were issued until the Revolutionary War;
then the various state governments as well as the Continental Congress
printed and issued notes to the par value of nearly half a billion dollars. In
the earlier years of the war this paper currency circulated at its face value
although there was no gold or silver reserve behind it; but as the struggle
dragged on and notes by the million kept being issued they began to
depreciate until eventually this continental paper currency was worth only a
fraction of a cent per dollar. Hence the origin of the slang expression “not
worth a continental”. The notes for the most part were never redeemed; they
merely became worthless and passed out of circulation.
Naturally this experience made the people averse to What the constitution
paper money and when the constitution of the United provides as regards
paper money.
States was framed it contained a provision that “no state
shall emit bills of credit (or) make anything but gold and silver coin a
tender in payment of debts”. It was strongly urged that the national
government should also be prohibited from issuing paper money, but in the
end it was decided not to make any express prohibition, so the constitution
is silent as regards the authority of the national government to emit bills of
credit. It neither gives this power nor denies it. In due course, however,
Congress authorized the issue of legal-tender notes or greenbacks, and the

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Supreme Court upheld its right to do this on the ground that the constitution
expressly gives Congress the power to borrow money and that the issue of
paper money is a reasonable method of borrowing. But although the
national government has itself the legal right to issue paper money, either
with or without a reserve behind it, most of the paper money now in
circulation is issued by the federal reserve board or by the federal reserve
banks under authority granted by Congress.
Paper Notes now in Circulation.—There are The seven kinds of
several kinds of paper notes now in circulation.[200] paper money in use.
These include silver certificates, gold certificates, treasury notes, and
greenbacks issued directly by the national government, national bank notes,
federal reserve notes, and federal reserve bank notes. The provisions for the
redemption of these different types of paper money vary greatly, and each is
protected by a different reserve, but in actual fact the holder of any unit of
paper money can obtain gold for it if he so desires. This is true even of the
silver certificates which, strictly speaking, are redeemable only in silver
dollars. The arrangements under which the national banks, the federal
reserve banks, and the federal reserve board are permitted to issue paper
money will be discussed presently.
Why do we have paper money? Chiefly because it is, Paper money has
in many respects, more convenient for use than metallic some advantages in
convenience and
money. In large amounts it is not so bulky as silver or cheapness.
gold would be. There is also the advantage that when
paper money wears out it can be cheaply replaced. If gold coins were
continually in circulation from hand to hand, they would gradually wear
down and the monetary loss would be considerable. Hence it is better to
keep the gold in the bank vaults and circulate the paper, which represents
gold, in its stead. But a sound system of paper money should always
provide for the redemption of the notes, which means that the notes should
have an adequate reserve behind them. This reserve should be in gold or in
the equivalent of gold. Unredeemable paper money, Inconvertible paper
issued without an adequate reserve behind it, leads money.
practically always to depreciation and thereby to heavy losses on the part of
the people who have taken the money in good faith. That was what
happened in the case of the assignats of the French Revolution, the
continental currency in the American Revolution, and the paper money of
several European countries during the World War.[201] It is folly to try to

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finance a war or any other national enterprise by issuing fiat currency, as it
is called, which is paper currency with only the word of the government and
no substantial reserve behind it. Better tax the people outright than make
them take money as legal tender which is not worth what it purports to be.
[202]

Radicals sometimes say: “Let us do away with Why not abolish
money altogether”. Instead of money, they say, we money?
might use “labor checks”, each check representing a given amount of labor.
One hour of labor, let us say, would then be the standard of value instead of
23.2 grains of gold. This arrangement, however, would not abolish money,
but only change the nature of the basis upon which the value of money is
calculated. The labor checks would be money in every sense of the word.
There is only one way to abolish money and that is to go back to barter.

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The Banking System
What Functions do Banks Perform?—Banks are Banks serve:
established and maintained to satisfy certain needs which arise wherever
men carry on extensive trade with one another. In the 1. As institutions of
first place when money is accumulated by people in the deposit.]
course of their business some safe place is needed to keep it. Banks,
therefore, serve as institutions of deposit. In the second 2. As agencies for
place, as business develops, it becomes necessary for loaning money.
people to borrow money. Banks facilitate this borrowing. Their two primary
functions are to receive deposits and to make loans. But in order that they
may perform these two primary functions to the best advantage the banks
have assumed other subsidiary functions as well. 3. Sometimes also as
Frequently they issue bank notes, or the bank’s own issuersmoney.
of paper

promises to pay, for use in general circulation. They sell
drafts or bills of exchange, thus enabling people to 4. To transfer funds
transfer funds from one city or country to another from one place to
another.
without the trouble and risk of sending the actual
money. As a rule they provide safe-deposit vaults in which customers, on
payment of a small sum, are permitted to keep their valuables. These vaults
are fire-proof and burglar-proof. Banks also collect money which may be
due to a customer from someone elsewhere. They help the national and
state governments to sell their bonds. Frequently they act as trustees,
holding property for children until they grow up or for other persons who
are unable to look after the property for themselves. Without banks it would
be difficult, if not impossible, to carry on the operations of modern
business.
The Early American Banking System.—The national constitution
contains no mention of banks or banking. Hence it was assumed that the
power to charter banks would rest with the states. The states assumed this
authority but the national government desired to exercise it also, and during
the first thirty years of its existence established two great banks, both of
which became unpopular and ultimately went out of existence. The first
Bank of the United States, established in 1791, ceased to do business in
1811; the second bank, chartered in 1816, incurred the wrath of President

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Andrew Jackson and went to the wall in 1836.[203] From this date to the
Civil War the state banks, of which a large number were established in all
parts of the country, had the field to themselves.
The National Banking Act of 1863.—During the Civil War, however,
the national government encountered great difficulty in raising funds. When
it issued bonds the people would not buy them readily. The state banks
showed very little interest in marketing them. So Congress, in this
emergency, decided to establish a system of national banks in order to
facilitate the sale of war bonds. The National Banking Act, passed in that
year, laid a heavy tax upon the paper money of all state banks, with intent to
drive this currency out of circulation. It then provided that any bank
chartered by the national government might issue untaxed paper money
provided it bought United States bonds to a designated amount and
deposited these bonds in Washington as security. In other words the Act of
1863 aimed to provide a uniform system of bank notes throughout the
country, these notes to be backed by government bonds. The plan worked
well and its main provisions have been retained to this day.
National banks are owned by private individuals who Present organization
subscribe the capital stock. These stockholders, or of the national banks.
shareholders, elect the bank’s officers, who in turn manage the business.
The profits go to the shareholders in the form of annual dividends. Each
national bank must buy a designated amount of United States bonds and
these bonds are deposited in Washington. In return the bank receives an
equal amount of paper notes, with its own name engraved thereon, and
these notes the bank pays out over its counters, thus putting them in general
circulation. If the bank should become insolvent, the government would
redeem the notes since it holds the bonds as security. Their functions.
The national banks receive money on deposit, make loans, and perform the
various other banking functions. They are strictly regulated by national law;
they must make periodic reports and are frequently inspected by officials
from Washington. One requirement is that they shall Their reserves.
always maintain a certain “reserve” so that they may be in a position to
make all payments which may be called for by their customers. The
supervision of the national banks is in the hands of an official known as the
Comptroller of the Currency, who is appointed by the President.
In addition to the national banks there are state banks State banks and trust
and trust companies throughout the country operating companies.

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under state charters. These institutions do not issue paper money but
perform all the other banking functions.[204] Their business is regulated by
the laws of the state in which they are located and they are supervised by
state officials. The laws relating to state banks and trust companies differ
considerably from state to state.
The Federal Reserve Banks.—Although the Defects of the
national banking system worked pretty well for fifty national banking
system due to the
years after its establishment, certain defects came to be concentration of
recognized. One of these defects, in actual practice, was reserves and lack of
the necessity of always keeping available a “reserve” flexibility.
amounting to a certain percentage of each bank’s total deposits. It was not
necessary to keep this reserve in the bank’s own vaults; a part of it might be
placed upon deposit in larger banks where it would draw interest. As
matters turned out, a considerable portion of the reserves was usually
deposited with large banks in New York City. In times when business was
good and money plentiful, this arrangement worked very well, but when
periods of business depression arrived and money became scarce every
small bank naturally drew upon its reserve deposits in the larger banks,
which found difficulty in paying them all at the same time. Moreover, it was
found from experience that during times of business prosperity the country
needed a large increase in paper money while the national banking system,
as established in 1863, proved too rigid to meet the business needs of the
country.
In 1913, accordingly, Congress made provision for How the Federal
the establishment of a Federal Reserve system which Reserve system
remedies these
does not displace but supplements the operations of the defects.
national banks. By an act passed in that year provision
was made for the establishment of twelve federal reserve districts, with a
federal reserve bank in each. The capital stock of each federal reserve bank
is contributed by national or state banks within the districts, these
contributors being then known as “member banks”. The national
government also subscribes a part of the capital stock when necessary. Each
federal reserve bank is controlled by officials, some of The Federal Reserve
whom are elected by the member banks and some Board.
appointed by the national government through a body known as the Federal
Reserve Board. This board is composed of the Secretary of the Treasury, the

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Comptroller of the Currency, and five other members appointed by the
President.
These federal reserve institutions are bankers’ banks. Functions of the
They do business with banks only, not with individuals. Federal
Banks.
Reserve

They receive deposits from banks and lend money to
banks. The member banks now keep with them a portion of their reserves.
In this way the reserves are mobilized at twelve different financial centers
where they can be readily drawn upon.[205] The Federal Reserve Board has
authority to increase or decrease the percentage of reserves which the
member banks are required to maintain, thus giving the reserve system a
large degree of flexibility. Whenever a member bank needs additional paper
money for circulation it goes to the federal reserve bank of its district and
deposits any sound “collateral”, that is to say, any acceptable security, and
receives federal reserve notes of like value in return. This collateral may be
in the form of government bonds or it may be, and more often is,
“commercial paper”. By commercial paper is meant the How they give
notes or other obligations of corporations and flexibility to the
whole banking system
individuals which have been given to the member of the country.
banks in return for loans made to such corporations and
individuals. The federal reserve banks are authorized to issue federal
reserve notes, to an unlimited extent on the security of this collateral
provided they also keep a gold reserve amounting to forty per cent of the
total notes issued. In addition they are empowered to issue federal reserve
bank notes secured by United States bonds in the same way as national
bank notes are secured. It is expected that in time the national bank notes
will go out of existence altogether, their place being taken by these federal
reserve bank notes.
Since their establishment in 1913 the work of these Value of the Federal
federal reserve banks has been of great value. They Reserve system.
have enabled the banking operations of the country to expand and contract
in accordance with changes in business conditions, thus obviating serious
danger of financial panics. In helping the government to float the various
Liberty Loans they rendered great service. There is no doubt that the system
has improved and strengthened the banking facilities of the country.[206] This
will appear more clearly when the relations of banking and credit are
discussed a few pages further on.

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The Practical Operations of Banking.—There are Commercial and
some elementary things connected with the practical savings banks
distinguished.
operations of banking which everyone ought to know.
Generally speaking, there are two kinds of banks, commercial banks and
savings banks; or, in some cases the same bank may have two departments,
a commercial department and a savings department. Both commercial and
savings banks receive deposits; the former may or may not pay interest
according to the amount of the deposit and the length of time it is left in the
bank; the latter always pay interest if money is left on deposit a prescribed
length of time. When money is deposited in a commercial bank the
depositor is said to have an “account” and he may issue checks up to the
amount of his deposit. A check is an order, addressed to Bank checks.
the bank, and calling for the payment of a designated sum. This check may
be cashed at the bank on which it is drawn, or the person who receives it
may have it cashed at the bank where he has his account. Banks cash checks
for their own customers no matter what bank the checks happen to be drawn
upon.
One result of this is that every bank at the close of each day’s business
will have on hand a large number of checks drawn against other banks. It
receives payment on these checks through the medium The clearing house
of the “clearing house”, an institution which is system.
maintained by the banks in every large city. To the nearest clearing house a
clerk takes each morning all the checks on other banks that have come in
during the previous day. These are sorted out and exchanged for checks
drawn on the bank itself which are held by other banks. Whatever
difference there happens to be is paid in cash.
When any person desires to borrow money from a How bank loans are
bank he gives his note, which is a promise to repay the made.
bank at a designated time. The bank may ask the borrower to obtain an
endorsement upon his note, that is, to have some responsible person put his
name on the back of it, which means that the endorser assumes liability for
the amount of the note if it is not paid by the maker on time. Or the bank
may ask the borrower to deposit “collateral” as security for the payment of
the note. This collateral may be in the form of bonds, stocks, mortgages, or
any other intangible property that has sufficient value. The bank holds this
collateral until the loan is repaid.

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When a bank lends money and takes a man’s note, The process of
with or without collateral, it is said to discount the note. “discounting.”
It gives the borrower the face value of his note less the interest, whatever it
is, calculated at the current rate. Thus if the rate is six per cent and the
person gives his note for one thousand dollars payable in six months, the
bank would hand him $970 in money. Business men obtain large sums of
money from the banks by getting their notes discounted; they borrow
money in this way to buy goods and then pay off their notes when the goods
are sold. Such notes are called “commercial paper”.
Now the federal reserve banks help the member “Rediscounting.”
banks by “rediscounting” this commercial paper for them. Suppose a small
bank has loaned on notes all the money it has to spare. Then it receives
applications from its customers for more loans. What does it do? It takes a
bundle of business men’s notes, or commercial paper, from its vaults and
sends this to the nearest federal reserve bank. The latter does just what the
member bank did in the first instance; it deducts the discount at current
rates and gives the balance to the member bank in money, that is, in federal
reserve notes. The member banks are enabled, in this way, to loan a great
deal more money than would be the case if there were no way of getting
their commercial paper “rediscounted”.
Drafts or bills of exchange are used to make How the banks
payments at distant points. If a person lives in San transfer funds.
Francisco and wishes to pay a small bill in New York, he will probably go
to the post office and buy a postal money order; but if the amount is large,
he may find it more convenient and cheaper to go to a bank in San
Francisco and buy a draft on some New York bank. This draft he then sends
to New York in payment of his bill. A draft payable in a foreign country is
usually called a bill of exchange. From any American bank one can buy a
bill of exchange payable in Paris, Madras, Hong Kong, or elsewhere. When
the money of one country is worth more than that of another, as is the case
throughout the world at the present time, allowance is made for this
difference. Bills of exchange are “cleared” through the great clearing
houses in London or New York, and any balances are paid by the shipment
of gold.

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The Credit System

What is Credit?—Credit is simply the giving and The five chief
taking of promises in place of money. The most instruments of credit.
common form is “book credit”, which means that wholesalers and retail
merchants give out goods with nothing but charge accounts on their books
to show for it. These accounts are merely the records of credit which has
been extended to customers. But in many transactions something more than
a book record is desired, in which case the person giving the credit may ask
for a “promissory note”. This is a written promise to pay a designated sum
either on demand or at a definite date. Bank checks are also instruments of
credit; so are drafts and bills of exchange. Anything that expresses or
implies a promise to pay a sum of money is an evidence of credit.

THE RELATION OF MONEY AND PRICES
The general relation between the amount of money in
circulation and the course of prices is shown by the two
statistical diagrams on the other side of this page.
It will be noticed that per capita circulation began to
decline in 1921. Prices also commenced to fall during that
year, and if the table of prices were extended to cover the
last year or two it would show the price-lines moving
downward. The data for continuing the lines of the lower
diagram may be found in the publications of the United
States Bureau of Labor Statistics.

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MONEY IN CIRCULATION PER CAPITA (Figures for first day of
month)

Page 364

COURSE OF WHOLESALE AND RETAIL PRICES[207] IN THE
UNITED STATES
JANUARY, 1913, TO MAY, 1920

[Average Prices, 1913 = 100]

The Relation of Credit to Money.—A large part of the world’s business
is done on credit. If all debts had to be paid tomorrow, there would not be
enough money in the world to pay one cent on the dollar. But all debts do

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not fall due at once, and a huge credit system is able to stand with
comparative safety upon a relatively small amount of gold. There is a limit,
however, to the expansion of credit and this limit is There is a limit to the
roughly determined by the amount of gold available to expansion of credit.
be held as a reserve. Hence it is that when the volume of gold increases,
credit usually expands also. With their reserves full to overflowing the
banks are more ready to lend money on notes, and the rate of discount goes
down. Conversely, as the volume of gold declines, credit usually contracts.
The rate of discount then goes up and business men find it harder to borrow
money upon commercial paper. In the one case we speak of an inflation or
expansion in money and credit; in the other we speak of a contraction or
deflation.
Credit and Prices.—The general level of prices depends upon the value
of money. The price of a thing is merely its value expressed in terms of
money. To say that prices have gone up is to say exactly the same thing as
that the value of money has gone down.[208] The general level of prices, to
put the matter in another way, is determined by the demand for goods on the
one hand and the supply of goods on the other. The demand for goods,
however, is represented by the amount of gold currency available plus the
amount of credit which is built upon this gold. The credit, as has been seen,
bears a definite relation to the gold. Hence it can fairly How the general level
be said that the amount of gold is an index of demand of prices is
determined.
for goods or services. So, if the supply of goods
remains approximately the same, any large increase in the available amount
of gold would send prices up; and conversely, if the supply of goods is
greatly increased, while the available amount of gold remains
approximately the same, prices would go down.
This is the so-called quantity theory of the relation The quantity theory of
between money, credit, and prices and it holds good in a money and prices.
general way although it does not work out as simply as it reads. The
adjustment of supply and demand sometimes takes place very slowly. The
volume of credit which can be built upon a given reserve of gold is not
absolutely fixed, moreover; in some circumstances it may be more
extensive than in others. During the World War, for Defects of the
example, credit ran away from the gold reserve in all quantity theory as
shown by recent
the European countries. Enormous amounts of paper experience.
money were issued with very little gold in reserve to

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protect them. Due to reduced production, the supply of ordinary goods
sharply declined. A combination of these two things, inflation of credit (i.
e., potential demand for goods) and decreased production, sent prices sky-
high.[209] In the United States credit was also inflated during the war and
prices went up, though not to the same extent as in Europe. Since 1920 the
process of “deflating” credit has been going on. This process of deflation is
guided by the federal reserve banks, which are able to contract the volume
of credit by charging higher rates for rediscount.
The Advantages and Dangers of Credit.—It is probable that at least
two-thirds of the buying and selling in the world is done on credit. Nearly
all large transactions are put through by the use of credit for short or long
terms. Credit affords many advantages to modern industry and commerce;
without it, indeed, our whole economic system would break down. A few of
these advantages may be mentioned: (a) It economizes Four functions which
the use of gold and silver, by doing away with the credit permits.
necessity of passing gold and silver coin from hand to hand at every
transaction. (b) It enables large payments to be made at distant points
without an actual shipment of metallic money. (c) It permits men to engage
in business operations beyond their own means by borrowing capital and
using it productively. (d) It enables people to invest their savings (by
depositing in savings banks, lending money on mortgages, buying bonds or
stocks, etc.) so as to secure a profitable rate of interest without great risk.
But there are also some disadvantages. The credit Credit may also harm.
system often encourages extravagance in that people are tempted to buy
goods which they eventually find it hard to pay for; it tends to encourage
speculation which frequently results in heavy losses; and it sometimes
enables promoters to obtain capital when there is little or no chance of their
being successful. By strict governmental supervision, however, the
advantages can be retained and most of the dangers eliminated.
The Stock Exchange.—A word should be said about the place where
instruments of credit are most commonly bought and sold, namely, the
stock exchange. As its name implies, this is a market in which men buy and
sell stocks, bonds, and other securities.[210] There is a stock exchange in
every large city. The buying and selling is done through brokers, who are
members of the exchange and who receive a small commission for their
work, this commission being paid by the persons for whom they buy or sell.
A broker, at your request, will buy or sell on the exchange any security that

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is listed there. The amount of the purchase may be paid in full, or, if the
buyer desires, a partial payment of five, ten, or twenty per cent may be
made. This is called “buying on margin”. The current Trading on margin.
prices of all securities are kept posted on the exchange; they go up and
down from day to day in keeping with market conditions. Shrewd investors
try to buy when prices are low and to sell when prices are high, but in this
they are not always successful. Many fortunes have been made—and lost—
on the stock exchange.
General References
F. W. Taussig, Principles of Economics, Vol. I, pp. 227-235 (Coinage); 236-251 (Quantity of
Money and Prices); 265-273 (Bimetallism); 348-359 (Banking Operations); 375-385 (The Banking
System of the United States);
Isaac Lippincott, Economic Development of the United States, pp. 550-580;
H. R. Burch, American Economic Life, pp. 336-371;
W. A. Scott, Money and Banking, pp. 1-116;
W. S. Jevons, Money and the Mechanism of Exchange, pp. 3-41;
Marshall, Wright, and Field, Materials for the Study of Elementary Economics, pp. 443-546;
C. J. Bullock, Introduction to the Study of Economics, pp. 224-246;
D. R. Dewey, Financial History of the United States, especially pp. 383-413;
Everett Kimball, National Government of the United States, pp. 460-479;
Horace White, Money and Banking (5th edition), passim;
F. A. Fetter, Modern Economic Problems, pp. 31-163.

Group Problems
1. How money and credit are related to prices. The meaning of “prices”. The quantity theory of
money. Relation of money to credit. Reserves for paper money. Bank reserves. Discounting and
rediscounting. How inflation of money and credit affects prices. Index numbers. American
experience during the years 1914-1921. References: F. W. Taussig, Principles of Economics, Vol. I,
pp. 427-445; C. J. Bullock, Introduction to the Study of Economics, pp. 242-278; Irving Fisher, The
Purchasing Power of Money, pp. 8-32; Ibid., Stabilizing the Dollar, pp. 1-12; J. A. Hobson, Gold,
Prices, and Wages, passim; David Kinley, Money, pp. 199-223.
2. The American banking system: how it is organized and how it functions. D. R. Dewey,
Financial History of the United States, pp. 320-328; 383-390; F. W. Taussig, Principles of
Economics, Vol. I, pp. 375-399; C. F. Dunbar, Theory and History of Banking, pp. 132-153; C. A.
Conant, A History of Modern Banks of Issue, pp. 396-447; E. W. Kemmerer, The A, B, C of the
Federal Reserve System, pp. 28-65; H. P. Willis, The Federal Reserve System, passim; A. B.
Hepburn, History of the Currency and Coinage of the United States, pp. 411-418; 511-544.
3. The controversy over free silver and its lessons for the future. D. R. Dewey, Financial
History of the United States, pp. 101-104; 210-212; 403-413; 436-437; 468; F. W. Taussig,
Principles of Economics, Vol. I, pp. 265-273; J. L. Laughlin, History of Bimetallism in the United
States, especially pp. 266-280.

Short Studies
1. The early history of money. W. S. Jevons, Money and the Mechanism of Exchange, pp. 19-30;
David Kinley, Money, pp. 14-26.

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2. The quantity theory of money. F. W. Taussig, Principles of Economics, Vol. I, pp. 236-251.
3. American and foreign banking systems compared. E. R. A. Seligman, Principles of
Economics, pp. 524-550; or F. W. Taussig, Principles of Economics, Vol. I, pp. 360-385.
4. Can the dollar be stabilized? Marshall, Wright, and Field, Materials for the Study of
Elementary Economics, pp. 474-483; Irving Fisher, Stabilizing the Dollar, especially pp. 12-30.
5. The free-silver campaign of 1896. C. A. Beard, Contemporary American History, pp. 164-
198; D. R. Dewey, National Problems, pp. 220-237; 314-328.
6. Banking operations and accounts. C. F. Dunbar, History and Theory of Banking, pp. 20-38.
7. American institutions for saving and investment. F. A. Fetter, Modern Economic Problems,
pp. 146-166.
8. Financial panics. F. W. Taussig, Principles of Economics, Vol. I, pp. 400-426.
9. The high cost of living. J. H. Hammond and J. W. Jenks, Great American Issues, pp. 143-159.
10. Economic crises. T. N. Carver, Principles of National Economy, pp. 427-442.

Questions
1. Are the qualities of money given in this book in the order of their importance? If not, rearrange
them so. Can you think of any other essential qualities? What objections would there be to the use of
platinum as money? Pearls? Porcelain?
2. Gold dollars are not coined in the United States at all. How is it, then, that the gold dollar can be
the legal standard of value?
3. Name all the different kinds of money that are circulated in the United States (including paper
money) and tell when the issue of each kind was first authorized. Examine the money you have with
you. Tell where each coin was minted. In the case of bills what is the security behind each? Can you
detect counterfeit bills? How?
4. Why was the action of Congress in demonetizing silver called “the crime of 1873”?
5. At the Democratic National Convention of 1890 Mr. Bryan said: “You shall not crucify mankind
upon a cross of gold.” Explain in full what he meant. Was there any good reason for believing that
the free coinage of silver at a ratio of sixteen to one would (a) increase prices; (b) give relief to the
debtor class; (c) benefit the wage earner?
6. Explain the process by which, under a dual system of coinage, the metal which is over-valued at
the mint will drive the other out of circulation. Is it correct to say that “cheap money drives out dear
money”?
7. If you were engaged in business as a manufacturer, name all the different dealings that you
might have with a bank.
8. Explain what is meant by each of the following terms: demand note; endorser; trustee;
commercial paper; rate of discount; rediscounting; collateral; deflation; coupon bond; preferred
stock; broker; buying stock on margin.
9. Show how the volume of credit helps to determine prices and how the volume of credit is
related to the amount of gold coin in hand. Why does the quantity theory of money not work out with
mathematical accuracy in practice?
10. Does the argument in McCulloch vs. Maryland impress you as logical? Does the decision mean
that officials of national banks and of federal reserve banks are exempt from state taxes? Does it
mean that when a national bank occupies a leased building the landlord pays no taxes to the city?

Topics for Debate
1. All banking institutions should be brought under the supervision of the federal government.
2. A “compensated” dollar (adjusted to the general level of prices) should be established as a
measure of deferred payments.

Page 369

3. The national and state governments should guarantee depositors against loss in all banks
chartered by the nation and the states, respectively.

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CHAPTER XXIII
TAXATION AND PUBLIC FINANCE

The purpose of this chapter is to explain what taxes are, how they are levied, and how they
are spent.

The Cost of Government.—The cost of maintaining Taxation per capita.
the national government and all its activities is now about four billion
dollars per year, in other words about forty dollars per annum for every
man, woman, and child in the country. The cost of maintaining state and
local government varies in different parts of the country, but it would be
safe enough to put it down as three billion dollars more, or thirty dollars per
head. In round figures, therefore, the average tax payment every year for
each individual in the United States is at least seventy dollars.[211]
Bear in mind, however, that only a small part of the The extent of the
whole population is earning the income which enables burden upon the
income-earner.
these taxes to be paid. When we eliminate all the
children, all the women who are not employed in any income-earning
occupation, all the public officials who are paid out of taxes, all the
delinquents, cripples, paupers, unemployed, and so on—when we subtract
all these from the total it will be found that only one person in five is an
actual income-earner. From the earnings of these twenty million people the
entire seven billions in taxes must be paid; there is no other source from
which the taxes can come. A little mental arithmetic will readily
demonstrate, therefore, that every income-earner in the United States pays,
on the average, at least $350 per year in taxes of one sort or another, in
other words about a dollar a day.[212]
Who Pays the Taxes?—“Oh yes”, someone will say, Everyone is a
“but most people earn small incomes and pay no taxes taxpayer,
indirectly.
directly or

at all, or almost none. The heavy taxes are paid by
wealthy men and women who own property and have large incomes.” That

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is misleading. People who own property and earn large incomes are the
ones who actually hand the collector his tax-money, to be sure; but they
merely give him, for the most part, money which they have collected from
others. The owner of an apartment house collects taxes from his tenants in
the form of rent; the storekeeper collects taxes in the price of his goods; the
lawyer and the doctor collect taxes when they charge fees. Taxes are an
element in the cost of everything, an element just as certain as interest,
wages, or profit. Everyone who rents a house, buys goods, or hires any form
of service pays taxes. If you analyze the various items which make up the
price of a suit of clothes, for example, you will find that they usually come
in this order of importance; wages, cost of materials, taxes, profits, interest.
[213]
The chief factors which make up the rent of a house are interest, taxes,
and profits in the order named. Hence it is that while landlords, merchants,
manufacturers, and others make the direct payment of taxes to the
government, they in turn pass the burden to tenants and consumers.[214]
The Incidence of Taxation.—Taxes, therefore, do The way in which
not usually stay where they are levied. They are shifted taxes are shifted.
from one shoulder to another until they finally reach someone, usually the
ultimate consumer, who cannot unload the burden upon anybody else. This
ultimate resting-place of a tax is called its incidence, and an important thing
about any tax is to discover just what its incidence is; for the justice or
injustice of taxation depends upon the ability of the actual taxpayer to bear
the burden and not upon the wealth of the ostensible taxpayer. If the
government were to levy a tax of one cent per loaf upon bread, there would
be a storm of protest because everybody would recognize it as a direct tax
upon one of the necessities of life. But a tariff duty on wheat, or a property
tax on flour mills or bakeries, is just as certainly a tax on bread and is paid
ultimately by those who buy it. The chief difference is that in the latter case
the payment is made by the consumer without his knowing it.
Most people pay taxes unknowingly. Their taxes are Relation of taxes to
concealed in rents or prices, and they complain bitterly rents and prices.
that these things are high. It does not occur to the average American wage-
earner that if taxes were lower, rents and prices would be lower, and that if
there were no taxes, it would be exactly the equivalent to finding every
morning, on coming down to breakfast, a crisp, new dollar-bill on his plate.
Demagogues tell us that trusts, and profiteers, and other forms of organized

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avarice are responsible for high prices; but one of the biggest factors in the
high-cost-of-living is the high-cost-of-government.
If this enormous flow from the nation’s earnings into If waste were avoided
the public coffers were wholly, or even largely, used to the tax burden would
be diminished.
promote and encourage production, it would not be so
bad. Much of it is wasted, or spent without adequate return. This takes place
because the people do not keep close watch on the officials whom they elect
to public office and do not hold them to a strict accountability when public
money is squandered. More than a hundred years ago the most eminent of
American jurists, Chief Justice John Marshall, pointed out that “the power
to tax involves the power to destroy”. He was right; the power to tax is the
most far-reaching power that any government can possess. By the use of the
taxing power a government can take from the people what they would
otherwise save, thus preventing the increase of the nation’s wealth and
ultimately breaking down its prosperity.
How Taxes Differ from other Payments.—Taxes Taxes are:
differ from most other payments in two respects. First, (a) compulsory.
they are compulsory. No one need pay interest, rent, wages, or prices unless
he bargains to do so; but the payment of taxes is not the result of any
bargain. Taxes are levied without any reference to the initiative or wishes of
the individuals upon whom they may fall, except, of course, in so far as
these individuals by their votes may have an influence in determining the
general taxing policy of the government. Second, taxes (b) levied without
are not payments made to the government by reference rendered.
to service

individuals and corporations in return for services
rendered. The man who rides a hundred miles on a railroad pays twice as
much as one who goes half that distance, because he gets twice as much for
his money. But the man who pays a thousand dollars in taxes does not get
twice as much in benefits from the government as the one who pays only
five hundred dollars.
Nearly all payments that we make are in the form of The basis of taxation
a quid pro quo; they are in proportion to the benefits is ability to pay.
which we receive. This is the case in payments for all forms of goods or
services—the one great exception is the payment of taxes. Taxes have no
direct relation to benefit; those who pay very little in taxes, either directly
or indirectly, sometimes receive a large return in the form of public
services. Take for example the taxes that support the public schools. The

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fact that a wealthy man has no children, or prefers to send his children to a
private school, does not relieve him of the obligation to pay his full share of
what public education costs the community. On the other hand, a man
whose contribution in taxes is very small may send a dozen children, one
after another, through the public schools without any extra cost.
It would not be possible to base taxation upon Why taxes cannot be
service, because there is no way of knowing how much adjusted to service.
benefit each individual receives from the government’s work. Do some
individuals, for example, obtain more benefit than others from the
maintenance of law and order or do all derive benefit alike? Who gets the
greater benefit from clean streets, the rich man who drives his motor car
over them, or the poor man whose children use the streets as a playground?
Taxes could not be adjusted to benefit. Even if they could be so
proportioned, it would be unwise to do so. The general interest requires that
everyone should enjoy the benefits of police protection, the public schools,
the parks, the playgrounds whether they are able to pay for them or not.[215]
So taxes are levied in order to pay for these things, not on a basis of
individual benefit, but simply by putting the heaviest burden in the first
instance upon those who are best able to pay it, letting them shift it if they
can.
Principles upon which Taxes are Levied.—How is the ability of
individuals to pay taxes estimated? It is done by taking some such thing as
property or income as the basis. Those who have more property or income
are called upon to contribute more than those who have less. About a
hundred and fifty years ago a famous writer on The basic principles
economics, Adam Smith, laid down four principles to of taxation according
to Adam Smith.
which all taxation should conform. These maxims of
taxation are now everywhere recognized as valid and are worth
remembering. Briefly stated, they are as follows: People should be taxed
according to their ability to pay; all taxes should be definite and not
uncertain or arbitrary; they ought to be levied at the time and in the manner
which causes the least inconvenience to the people; and they should be so
contrived as to take out of the pockets of the people as little as possible over
what is needed by the public treasury. Those who make the tax laws do not
always heed these maxims, and taxes are sometimes levied on the principle
of getting the most money with the least trouble.[216]
Taxes on property.

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Local Taxes.—The greater portion of the taxation levied by cities,
counties, towns, and villages is in the form of taxes on property. This is a
direct tax and as a rule it is levied on all private property, of whatever sort,
at a uniform rate of so much per thousand dollars of valuation. A tax levied
in this uniform way on all private property is called a The general property
general property tax. In some states, however, tax.
provision has been made for classifying the various kinds of property and
taxing each kind at a different rate. Property is first classified into two
divisions, real property, and personal property.[217] Real property (or real
estate) consists of land, buildings, and other fixtures established on the land;
personal property consists of, first, tangible things of a movable nature such
as household furniture, machinery, merchandise; and second, intangibles
such as bonds, mortgages, and bank deposits. Where The classified
there is a classified property tax, each of these three property tax.
forms (real property, tangibles, and intangibles) is taxed at a different rate.
One reason for taxing them at different rates is that real estate requires a
great deal more in the way of public services (for example, in paved streets,
water supply, sewerage, etc.); another reason is that while real property
cannot evade taxation intangibles can usually do so when the tax is too
heavy.[218] If the rate of taxation on intangibles is lowered, the temptation to
evade is not so great. It will usually be found that more money will come
into the public treasury from a moderate rate of taxes on stocks and bonds
than from an oppressively high rate.
A few communities also obtain some revenue from Other local taxes.
another direct tax, the poll tax, which amounts to one or two dollars per
year on each adult. In some cities franchise taxes are laid upon public
service companies (such as gas, electric lighting, and street railway
companies). The proceeds from these sources do not form any large
proportion of the total revenue.
All collecting of taxes is preceded by a formal step Assessments for
known as assessment. No tax can be legally collected purposes of taxation.
unless it has been assessed in ways prescribed by law. Property of all kinds
is valued for taxation by officials known as assessors. Usually they are
county or city officials, sometimes appointed, sometimes elected. They re-
value property at stated intervals and set their assessment at what they
believe to be the market value (unless they are instructed to assess at a
percentage of the market value as is the case in some states). Income taxes,

Page 375

corporation taxes, and inheritance taxes are assessed by the tax officials on
the basis of sworn statements made to them by the taxpayers.
In the case of such public improvements as sewers, Special assessments.
street pavements, and sidewalks it is the custom in many cities to levy a
special assessment upon the owners of the property that is benefited. These
special assessments are levied in proportion to the benefit received; they are
not taxes in the ordinary sense. When the nation or state Taking property for
or city requires land for public improvements it has the public use.
right to acquire it from the owner, even though he be unwilling to sell. The
public authorities, by their right of eminent domain, can take land or other
property for public use at any time, but must give the owner just
compensation. If the amount of compensation cannot be agreed upon
between the government and the private owner, it is fixed by the courts.
State Taxes.—The states obtain their revenue in The sources of state
various ways. One common method is by requiring the revenue.
cities, counties, or towns to pay over to the state a certain fraction of the
sums which they collect on property. Thus, when the citizen gets his bill for
local taxes he finds it itemized—so much for state taxes, so much for
county taxes, and so much for city or town taxes. Most of the states also
levy taxes on corporations, including railways, telephone companies,
insurance companies, and banks. These taxes may be calculated upon
capital or net earnings or deposits or upon some other basis. A few states tax
inheritances and a few levy a state income tax. Taxes on inheritances are
usually progressive, that is, the rate is higher in the case of large inherited
fortunes. State income taxes are levied upon the net earnings of individuals
or partnerships, a certain minimum income being left exempt. Most of the
states have other miscellaneous sources of revenue, some of them
important, as, for example, the annual license fees imposed upon all owners
of motor vehicles.
National Taxes.—The national government, by Income and excess
reason of its need for larger revenues in recent years, profits taxes.
has resorted to many forms of taxation. At the present time the principal
sources of national revenue are the taxes on the incomes of corporations
and individuals, the customs duties, the excises, and the inheritance taxes.
The national income taxes are levied upon the net earnings of all
individuals, partnerships, and corporations above a certain minimum. The
rate of taxation, in the case of individual incomes, is progressive—a normal

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tax is laid upon all incomes up to a certain figure and surtaxes are levied
upon incomes above this amount.[219] Under the original provisions of the
constitution, the national government could not levy direct taxes unless it
apportioned them among the several states according to their population,
and according to a decision of the Supreme Court in 1894 an income tax is
a direct tax.[220] But the Sixteenth Amendment, adopted in 1913, now gives
the national government authority to tax incomes “from whatever source
derived” without the necessity of apportionment among the states. Once a
year every person or corporation earning a net income above the prescribed
minimum must make a sworn statement setting forth the exact amount of
such earnings, and upon this “income tax return” the legal rate is assessed.
Duties on imports still yield a large revenue, as they Duties on imports.
have done every year since 1790. No duties may be laid upon exports, such
duties being forbidden by the constitution. This is in some respects
unfortunate, because duties on exports go into the price of the exported
goods and thus fall upon the foreign consumer. A tariff on exports (such as
lumber, coal, and ore) would not only yield a considerable revenue but
would help to conserve the natural wealth of the United States. The excises
are levied upon tobacco, theatre tickets, and other things which are rated as
luxuries.[221] The national government also levies an inheritance tax, the rate
of the tax depending upon the value of the property inherited. These various
taxes bring in between three and four billion dollars per year.
The Two Purposes of Taxation.—The main object Taxes for revenue and
of all taxation is to produce a revenue. But this is not taxes for regulation.
the only object. Taxation may also be used to bring about such social
reforms as the nation or the community may deem desirable, and taxes are
sometimes adjusted to this end. For example, the manufacture of goods by
the use of child labor can be checked by placing a heavy excise tax upon
such products.[222] It is believed that the growth of large fortunes can be
checked by the imposition of heavy surtaxes on large incomes and on
inheritances; the present national taxes on incomes and inheritances have
been framed with this end in view to some extent. In other words the system
of taxation can be used and is being used in some measure to secure such
economic and social readjustments as Congress and the state legislatures
think desirable. The question is: How far should the law-making bodies go
in this direction? Many people believe that “swollen fortunes” are an evil in
a democratic society and that all earnings above a certain point should

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belong to the community. Others feel that heavy surtaxes place a damper
upon ambition, that they lessen the amount of money saved by the whole
people, thus reducing the amount of capital available for industry, and that
they give the government large sums which are spent wastefully.[223]
Tax Exemptions and Extravagance.—When Taxation and class
taxation is regarded as a means not only of raising a prejudice.
revenue but also of redistributing wealth it takes on grave possibilities of
abuse. The majority among the voters can always find reasons for
increasing the burdens on the minority; the wage-earners urge that more
taxes ought to be placed on the rich and insist that they themselves be
exempted from taxation upon their incomes. The chief evil in all this is not
the injustice to the rich, for they usually manage to shift the burden down
the line till it comes back upon the wage-earner; the unfortunate part of it is
that the masses of the people, proceeding under the delusion that they pay
none of the taxes, are quite unconcerned when they see large sums of
money being collected by the government and spent wastefully. They do not
realize that it is their money; that they earned every cent of it before the
government obtained it to spend. If they could be induced to see matters in
this light, they would never permit their representatives in Congress, in the
state legislatures, and in city councils to throw money around with such a
lavish hand. Tax exemptions and extravagance are twin brothers.
Proposed Reforms in Taxation.—Various new The single tax.
forms of taxation are proposed from time to time. Many years ago a well-
known American social reformer, Henry George, advocated the placing of
all property taxes on land alone, allowing buildings and personal property
to go untaxed altogether. His argument was that the high value of land in
cities and towns is created by the community, not by the owner. Vacant land
in the downtown portion of a large city is sometimes worth many hundred
dollars per foot. What gives it this high value? Not the owner, for he has
done nothing to improve it. The growth of the city round about this land has
made it valuable. This “unearned increment” of value, therefore, Henry
George proposed that the community should take by levying a very heavy
tax upon it.[224]
The single tax proposition, as above outlined, has Objections to the
many earnest advocates; but it has made very little single tax.
progress as a practical policy in this country. The objection commonly
raised against the proposal is that it would be an outright confiscation of a

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certain form of private property, namely, vacant land; that the single tax on
the site value of improved land, like taxes on buildings used for industrial
or mercantile purposes, would merely be shifted to the tenant and by him
transferred in the form of higher prices to the consumer; and that the
amount derived from the single tax would not yield enough to relieve the
people from paying other forms of taxation.
More recently a good deal of discussion has taken The proposed sales
place concerning the desirability of a general tax on tax.
sales at a uniform rate. It is argued that such a tax would fall directly and
proportionately on all the people; that it would be so small as to have only
the slightest effect upon prices; that it would be easy to collect and hard to
evade. Such a sales tax at one per cent would probably yield nearly a billion
dollars per year to the national treasury. On the other hand the objection is
made that a tax of this sort would be a real hardship upon masses of the
people who have small incomes and would be felt much less severely by the
well-to-do.[225]
The Spending of Public Money.—When taxes are How money is
collected they go into the public treasury of the nation, appropriated.
state, or community. Once in the treasury the money cannot be spent until it
has been finally appropriated by Congress, by the state legislature, by the
county board, by the city council, or by whatever body possesses the power
to make appropriations. Appropriations are usually made once a year in the
form of a budget, and the manner of making a budget is as follows: On or
before a given date the various administrative departments (such as the
parks department in cities or the departments of highways in states) make
their estimates of expenditure for the next twelve months. Along with this,
for purposes of comparison, a statement of probable revenue from taxes and
other sources is prepared by the financial officers of the state or local
government.
The estimates are put together and submitted to the The estimates.
mayor, the governor, or some other designated officer, who transmits them
to the council or legislature as the case may be. The lawmaking body then
considers the estimates, item by item, and finally votes the entire list after
making such changes as it finds desirable. This budget, in cities and states,
usually requires the approval of the mayor or the governor and may be
vetoed like other measures. In some states the governor may veto individual
items in the budget while letting the others stand, but as a rule he is required

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to accept or reject the appropriation bill as a whole. The general tendency is
to give the executive branch of the state and local governments larger
powers in budget-making so that the responsibility for any extravagance
may be better centralized.
The National Budget System.—Until 1921 the The older method of
national government made its large annual expenditures makingappropriations, in
without any regular budget system at all. Each Congress.
department (war, navy, agriculture, and so on) prepared
its estimates and sent them to the Secretary of the Treasury, who presented
them to the President for transmission to Congress with whatever
recommendations he might choose to make. In addition to this every
senator and representative had the right to propose appropriations, and
hundreds of such proposals were made in Congress at every session. The
practice, prior to 1921, was to refer all the departmental estimates and all
the individual proposals to various committees. All estimates and bills for
army expenditures went to the Committee on Military Affairs; all such
measures relating to the postal service went to the Committee on Post-
Offices, and so on. Eight or nine committees each took a hand in
considering these proposals to spend money; each did its work without
reference to what the other committees were doing; and each made its own
recommendations to Congress.[226]
The result of this procedure was that no general plan Results of this
for keeping down the expense could ever be effectively method.
put into force, there being too many independent committees to deal with.
In 1921, however, Congress passed an act providing for the establishment
of a national budget system and the rules of both chambers in Congress
were altered so as to carry the new plan into effect. The The new budget
departmental estimates now go to an official in the system.
Treasury Department known as the Director. He puts them together into a
budget and with the President’s approval submits them to the House of
Representatives. Here they are considered by a single large committee,
known as the Appropriations Committee, and all proposals of expenditure
made by individual congressmen (after they have been approved by the
committees directly concerned) are also submitted to this committee. The
latter then lays before the House a complete budget or plan of expenditures
for the ensuing fiscal year. When this budget, with or without changes,
passes the House, it is forwarded to the Senate, where it is likewise

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considered by a single committee. After it has been passed by the Senate it
goes to the President for his approval. The President cannot veto individual
items in the budget but must accept or reject it as a whole. This is a serious
handicap because the rejection of the entire budget would leave the
departments without funds with which to carry on their work. The great
advantage of the new budget system is that it enables Congress to make a
comprehensive plan of expenditure for the year and thus to hold the
expenses within the estimated revenues.
Public Debts: Why Governments Borrow Money. Is it necessary for
—Nearly all nations, states, counties, cities, and even governments
borrow?
to

villages have debts. Why do they find it necessary to
borrow money? Why should they not, like wise individuals, adopt a pay-as-
you-go policy? The reason is that such a policy would be very unfair to the
present taxpayers. Suppose, for example, that a town or city builds a new
high school. The building will cost a great deal of money and may
reasonably be expected to serve its purpose for twenty, thirty, or even forty
years. Now there are two ways in which the community can defray the cost:
It can levy a heavy tax rate upon the property of the people at once,
doubling or trebling the usual tax rate if necessary, and thereby obtaining
the money with which to pay cash for the school. Or, on the other hand, it
may borrow the money and arrange that this amount (with interest) shall be
repaid in annual installments over twenty or more years, thus spreading the
burden over the whole period in which the building fulfils its purpose.
Which of these is the fairer method? The latter plan Proper and improper
has the merit of placing the burden upon all those who borrowing.
get the benefit; but it has the defect of saddling the taxpayers of the future
with a debt which they have had no share in creating. Governments,
however, are much more concerned with the present than with the future,
for it is the present taxpayer who decides the elections. Wherever
practicable, therefore, they endeavor to finance public improvements by
selling bonds rather than by increasing the present tax rates. State roads,
public buildings, bridges, and other costly enterprises are financed by
borrowing. The construction of the Panama Canal by the national
government was not paid for at the time; the money with which to build it
was borrowed by issuing long-term bonds. Governments sometimes go
further and borrow money to make good a shortage in current expenses.
This is an unwise policy; not one honest word can be said in favor of it.

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Current expenses should be paid from the taxes of today, not from the taxes
of ten years hence. When a government borrows money to pay current
expenses it usually defends its action by saying that the people approved it
at the polls. Of course the people will usually approve things of this sort.
When you ask a man whether he prefers to pay for a thing himself or let
somebody else pay for it, there is little doubt what his answer will be.
War is the greatest cause of borrowing. During the Civil War the United
States government borrowed about three billion dollars, most of which was
repaid within thirty years. During and immediately after the World War it
secured, by the issue of Liberty Bonds and Victory Notes, about twenty-six
billion dollars, all of which becomes repayable at various dates before 1950.
[227]

THE NATIONAL DEBT

1860-1920
The largest additions to the national debt of the United
States were made during the years 1861-1865, and the years
1917-1919. During the former of these two periods the debt
rose from less than fifty millions to nearly three billions;
during the years 1917-1919 it increased from one to twenty-
seven billions or thereabouts. By using the logarithmic or
proportional scale for comparing these two periods it will be
seen that the ratio of increase was less in the later period
than in the earlier.
It will be noticed that although the national debt was
much reduced during the twenty-five years which followed
the Civil War, it never dropped anywhere near its pre-war
level. The enormous debt which we piled up during the
World War is already being reduced. Will it ever be cut to
the level of 1916?

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THE NATIONAL DEBT
1860-1920

How Borrowing Takes Place.—When governments Long- and short-term
decide to borrow money there are two ways of doing it. loans.
If the money is needed for a short time only, for example, to pay expenses
until the taxes come in, it can be borrowed from the banks on short-term
notes. The national government, for its short-term borrowing, issues
treasury notes, running for a year or less. These bear interest and are sold to
the banks which re-sell them to private investors. But if the money is
needed for a longer period, the usual plan is to issue bonds. These bonds, as
already pointed out (p. 445) are promises to pay, and the government

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pledges its credit to repay them promptly when they mature, with interest
every year or every half-year meanwhile. National, state, and local bonds
are for the most part exempt from taxation.[228]
The Burden of the Public Debt Today.—The How the war
borrowing power of the national government is not increased debt.
the national

limited by any provision of the constitution. Congress
may borrow money up to any amount. The national debt today is about
twenty-three billion dollars, as against only one billion before the war. The
yearly interest on the present debt, in fact, is about as large as the whole of
the old debt. Arrangements are being made, however, to lessen this interest-
burden by obtaining interest payments from foreign countries upon the
loans made to them by the United States during the war.
In the case of the states and cities the power to Debt limits.
borrow money is not unlimited. The state constitutions usually contain
provisions as to how much money may be borrowed and for what purposes.
Sometimes they provide that state debts may not be created except by vote
of the people. Cities are also, in most cases, bound by debt limits which are
fixed by the state constitution or by state laws. The limit, as a rule, is
flexible; it enables the city to borrow money up to a certain percentage of
its assessed valuation, so that when the value of property goes up the
borrowing power becomes enlarged. State and city debts have been
increasing at a rapid rate; on the whole more rapidly than population or
wealth.[229] The tendency is to put a large share of the burden on the
shoulders of the next generation. It is right that future taxpayers should bear
their share, as has been said; but they should not be called upon to do more
than that.[230] It is probably within bounds to say that thirty to forty cents out
of every dollar which we pay in taxes today goes for interest and debt
repayments. Before long, if we keep on, half the taxes will go to pay for
past obligations. The large cities are the worst offenders; some of them are
mortgaging the future at an alarming rate. Stricter laws relating to local
borrowing are needed, but more essential still is the awakening of public
opinion to the realities of the situation.
How Public Debts are Repaid.—When bonds are issued by the public
authorities some provision ought to be made for paying them at maturity;
but this is not always done. The national debt, when Refunding.
portions of it become due, is sometimes refunded, that is, paid off by
issuing new bonds. In the states and municipalities the Sinking funds.

Page 384

usual plan has been to establish a sinking fund when the bonds are issued,
and then to pay a certain installment into this fund out of each year’s taxes.
By this process the sinking fund grows year by year until it is sufficient to
pay off the bonds when they become due. A better plan Serial issues.
is to issue the bonds in such form that they will fall due serially, that is, one
or more bonds coming due in each successive year of the loan period. Then,
instead of creating a sinking fund to pay off the whole debt at one time, the
bonds are paid off one by one. The serial bond plan does away with the
necessity of holding large sums in hand awaiting the maturity of the debt,
and thus diminishes the risk of loss through poor investment or corruption.
Are Public Debts a Public Evil?—Alexander Hamilton, who was
Secretary of the Treasury in Washington’s first cabinet, propounded the
doctrine that a public debt, if not too large, is a source of strength to the
government. He argued that when government bonds are widely held by the
people, all those who own the bonds are interested in the stability and
prosperity of the nation. Other noted financiers at various times have
contradicted Hamilton and have declared all public debts to be public evils
in that they impose burdens on the people without giving them anything
tangible to show for it. But the truth is that public debts do not fall entirely
in either class. They are benefits in one sense and evils in another. The
power to borrow, like any other power, may be used wisely or unwisely. In
times of great emergency, or for public improvements of permanent value,
money may very properly be obtained by borrowing; always provided,
however, that arrangements are made to pay off the debts within a
reasonable time. The evil comes when governments borrow money in order
to pay current expenses or to defray the cost of improvements which are not
needed, and when they complacently allow the debt to pile up, year after
year, with no thought of reducing it. “Sufficient unto the day is the evil
thereof”, it is said; but we can also make the evil sufficient unto the future
as well.
General References
C. A. Beard, American Government and Politics, pp. 358-378; Ibid., Readings in American
Government and Politics, pp. 323-342;
F. W. Taussig, Principles of Economics, Vol. II, pp. 483-561;
Everett Kimball, National Government of the United States, pp. 445-479;
W. B. Munro, Government of the United States, pp. 233-245; Ibid., Principles and Methods of
Municipal Administration, pp. 403-478 (Municipal Finance);
C. F. Bastable, Public Finance, pp. 261-280;

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E. R. A. Seligman, Essays in Taxation (9th edition), pp. 66-99 (The Single Tax);
C. J. Bullock, Selected Readings in Public Finance, pp. 39-49; 143-157; Ibid., Introduction to the
Study of Economics, pp. 493-520;
C. C. Plehn, Introduction to Public Finance, pp. 310-327;
American Academy of Political and Social Science, Taxation and Public Expenditures, pp. 1-283
(Annals, Vol. XCV, May, 1921).

Group Problems
1. Should the present rate of national income taxes and surtaxes be raised or lowered? The
Income Tax Law of 1913. The increase in rates during the war. The changes made in 1921. Are the
present exemptions fair? How do the surtaxes operate? Are they shifted by the taxpayers to others?
How? The flow of investments into non-taxables. Examples. Is a progressive rate justifiable in order
to promote a greater approach to equality in net incomes? Conclusions. References: C. C. Plehn,
Introduction to Public Finance, 4th ed., pp. 270-309; G. N. Wilson, The Income Tax, pp. 1-11; F. R.
Fairchild, Federal Taxation of Income and Profits (American Economic Review, Vol. XI, No. 1,
Supplement, pp. 148-159); R. M. Haig, The Federal Income Tax, pp. 1-25; J. A. Hobson, Taxation in
the New State, pp. 95-110; American Academy of Political and Social Science, Taxation and Public
Expenditure, pp. 180-187 (Annals, Vol. XCV, May, 1921).
2. How public budgets are made. H. J. Ford, The Cost of Our National Government, pp. 11-21;
S. G. Lowrie, The Budget, pp. 11-30; F. A. Cleveland, Chapters on Municipal Administration and
Accounting, pp. 67-81; Cyclopedia of American Government, Vol. I, pp. 181-184; Massachusetts
Constitutional Convention, 1917-1918, Bulletins, No. 2 (State Budget Systems in the United States);
American Academy of Political and Social Science, Public Budgets, pp. 36-46 (Annals, Vol. LXII,
No. 151); Ibid., Taxation and Public Expenditure, pp. 228-250 (Annals, Vol. XCV, May, 1921); U. S.
Bureau of the Census, Financial Statistics of States; Financial Statistics of Cities. (Each is published
annually.)
3. A study of the per capita cost of selected administrative departments in your own state or
community compared with those of other states or communities. (Adequate data for this study
can be found in two annual publications of the U. S. Census Bureau, namely, Financial Statistics of
States, and Financial Statistics of Cities. For an example of such a study, in brief form, see W. B.
Munro, Principles and Methods of Municipal Administration, p. 457.)

Short Studies
1. The principles underlying taxation. F. W. Taussig, Principles of Economics, Vol. II, pp. 483-
496.
2. The power of Congress to tax. W. B. Munro, The Government of the United States, pp. 221-
227.
3. Income taxes in foreign countries. E. R. A. Seligman, The Income Tax (2d ed.), England, pp.
167-218; France, pp. 273-328; Germany, pp. 223-272.
4. How the Civil War was financed. D. R. Dewey, Financial History of the United States, pp.
298-333.
5. The mobilization of American finances during the World War. W. F. Willoughby,
Government Organization in War Time and After, pp. 50-66; E. R. A. Seligman, Essays in Taxation
(9th ed.), pp. 750-782.
6. Excises as a source of revenue. C. J. Bullock, Selected Readings in Public Finance, pp. 449-
472.
7. The general property tax. F. W. Taussig, Principles of Economics, Vol. II, pp. 528-549.
8. The tariff as a source of revenue. C. J. Bullock, Selected Readings in Public Finance, pp.
425-448.

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9. The single tax. E. R. A. Seligman, Essays in Taxation, pp. 66-99.
10. The wastefulness of the old appropriation system. P. S. Reinsch, Readings on American
Federal Government, pp. 355-361.
11. State debts and debt limits. Massachusetts Constitutional Convention, 1917-1918, Bulletins,
No. 15 (Constitutional Restrictions on State Debts).
12. Municipal debts and debt limits. Ibid., No. 14 (Constitutional Restrictions on Municipal
Indebtedness).
13. Methods of borrowing: sinking funds vs. serial bonds. Ibid., No. 21 (Methods of
Borrowing: Sinking Funds vs. Serial Bonds).
14. The classification of property for taxation. Ibid., No. 20 (Classification of Property for
Purposes of Taxation).
15. The new national budget system. F. A. Cleveland and A. E. Buck, The Budget and
Responsible Government, pp. 371-381.

Questions
1. Show how taxes are related to the cost of living. What forms of taxation are most closely related
to it?
2. Can you add any other principles of taxation to those laid down by Adam Smith?
3. Select from the constitution all the provisions which relate to taxation and put them together in
this form: “Congress may impose any sort of taxation except that——and that——and that, etc.”
4. What is the incidence of (a) import duties; (b) export duties; (c) a tax on vacant land; (d) a tax
on a factory; (e) a normal tax on incomes; (f) a poll tax; (g) a tax on inheritances; (h) a tax on the
profits of theatres; (i) a tax on motor trucks?
5. Is it right that income from government bonds should be exempt from taxation?
6. Which of the following taxes is the wage-earner likely to feel the least, and why: tariff duties, a
property tax, income taxes, a sales tax, a poll tax?
7. Should different forms of property (land, buildings, household furniture, stocks, bonds,
automobiles, etc.) be taxed at different rates? Should factories be taxed at a different rate from
homes? If all men are equal in the eyes of the law, why should they be taxed at different rates?
8. It cost only a billion dollars a year to run the government before the war. Interest on the debt
now amounts to nearly another billion. But the government is spending about four billions. Why is
this? Now that the war is over, why is it not possible (apart from interest on the war debt) to get back
to the old scale of expenditures?
9. What are the chief defects in our present system of raising public revenues? What improvements
can you suggest? Would you favor a sales tax? Do you believe that Congress was unwise in
abolishing the tax on excess profits?
10. Enumerate all the different forms of taxation that any one man may have to pay in the United
States at the present day.
11. How is the budget prepared and passed in your state? Compare the relative influence of the
governor with that of the legislature in determining what the state government spends.
12. Explain treasury notes; refunding; debt limit; surtaxes; net debt; progressive taxation; sinking
fund; serial bonds; special assessments.
13. Two cities of about the same size may have approximately equal amounts of net debt yet one
may be in a much better financial position than the other. Account for this.
14. When Chief Justice Marshall said: “The power to tax involves the power to destroy”, what did
he mean? Should the power to tax be used to secure a more nearly equal distribution of wealth and
net annual incomes among the people?

Topics for Debate

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1. The salaries of government officials should be taxed like the incomes of private individuals.
2. No man’s income should be twice taxed (once by the nation and once by the state).
3. Property should be taxed by a uniform rule and should not be classified for taxation.
4. No debt limits should be fixed for cities by state law, cities being allowed to decide for
themselves how much they shall borrow.
5. Assessors should be appointive state officials and should not be elected by the voters of cities,
counties, or towns.

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CHAPTER XXIV
PUBLIC UTILITIES AND PUBLIC OWNERSHIP

The purpose of this chapter is to discuss the nature of public utilities, the various methods of
regulating them, and the question whether they ought to be owned by the government.

The Problem.—In the case of most ordinary Ordinary business is
business enterprises the factor which secures reasonable regulated by
competition.
prices and good service to the customer is competition.
The customer who finds that prices are high or that service is poor at one
grocery store stops trading there and goes somewhere else. The merchant
who finds one bank unsatisfactory moves his account to another bank. The
wholesale dealer, if one factory does not send him goods promptly, or
charges him too much, gives his future orders to some other factory. Stores,
banks, and factories are in competition with other establishments of their
own kind; in order to get business they are constantly trying to outstrip their
competitors by lowering prices and improving service. In this sense
“competition is the life of trade”. The rivalry of those who have goods or
services to sell is in itself enough to afford the public protection.
Natural Monopolies.—But there are certain lines of business in which
no real competition exists because they are monopolies. Monopolies, as has
already been pointed out, are of three different types, natural, legal, or
artificial (see p. 54); and all public service enterprises (railroads, telegraphs,
telephones, lighting plants, etc.) fall within the first of these classes—they
are natural monopolies. We call them public services or public utilities; but
this is not merely because they are of great importance to the public. Bread
and meat are also of vast public importance but we do not refer to the
bakery and the meat market as public services. But public utilities are
Telephones, telegraphs, street railways are called public natural monopolies.
services or public utilities because they are monopolies by nature. The
citizen has no alternative by reason of competition. If he wants to go from

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one place to another, he cannot usually find two lines of railroad, or if so,
their rates are the same. If the rates for electric lighting are exorbitant, he
cannot tell the company that he will buy electric light from someone else,
for he is dealing with the only concern from which electric light can be
obtained in that particular locality. The man who lives in Omaha can send to
Chicago and buy his shoes there if he finds that prices and quality are not
satisfactory in his own city; but he cannot get his telephone service or his
electric light in that way. He is absolutely dependent on local service and, as
a rule, on one local service alone.
Public Utilities do not Compete.—Why do we say Their nature excludes
that these public utilities are monopolies by nature? It is competition.
because their business, from the way in which it is carried on, virtually
excludes competition. It would be physically possible to have two rival
street railway companies operating on the same street, two gas companies,
and two electric lighting companies; but imagine the congestion and
inconvenience this would cause! Moreover, it would practically double the
amount of fixed capital needed to provide the service and this would mean
higher prices to the public in the end.[231] In years gone by many cities tried
the plan of setting two public service companies in competition with one
another, and in a few cities competing telephone companies still exist; but
the competition is rarely in earnest and scarcely ever lasts very long. The
rival public service companies, finding that competition is not profitable,
presently form a combination and raise their rates. The controlling fact is
that light, power, transportation, and communication (whether by telegraph,
telephone, or post) can be more cheaply served by a monopoly than by
competing companies. There can be, in fact, no effective competition
between public utilities operating in the same area.
Being Monopolies They Must be Regulated.—Now if public utilities
are monopolies by nature, and can never be anything else, it is essential that
the government shall exercise, in one way or another, sufficient control over
them to restrain them from abusing their power. This is Public utilities use
all the more easy to do because public utilities, unlike public property.
ordinary industrial or mercantile concerns, must come to the state or city
government for certain privileges which they find necessary in order to
carry on their business. Every public utility finds it essential to use property
which belongs to the whole people. A railroad must run its tracks across the
highway; a gas company must lay its pipes beneath the pavements; an

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electric lighting company must put some of its poles in the streets; a street
railway company, as its name implies, must make large use of the public
thoroughfares. Moreover, they all desire the right to take whatever private
property they may need for their terminals, power houses, tanks, and so on.
This is a right which only the government can give.[232] So the public service
companies, from the fact that they must ask privileges from the
government, render themselves amenable to governmental control. It is not
so with ordinary industrial monopolies such as the making of steel or sugar
or tobacco. They do not, as a rule, ask for legal They also use the
privileges of any kind; they do not need permanent right of eminent
domain.
rights in the public highways or demand that they be
allowed to exercise the right to eminent domain; hence they are not so
easily brought under public regulation.
How the Regulation is Effected.—In order to use the streets or any
other public property, an individual or corporation must first obtain official
permission. The merchant who puts a sign out from his building over the
highway, the barber who sets his familiar red-and-white pole in the
sidewalk, the contractor who blocks the public passage way when he is
putting up a building—all must first get the city’s permission. This is given
by the city officials in the form of a license or permit. Permits and
But the public service company must have a general franchises.
permit covering rights in a great many streets and holding good for a
number of years. This general permission, which does Definition of a
not differ from an individual permit except in its franchise.
broader scope and longer duration, is called a franchise. A franchise is
merely a grant of the right to use public property (the streets, particularly)
either in perpetuity or for a term of years and subject to certain conditions.
Before any public service company can begin operations it must first secure
a franchise from the state, city, town, or township as the case may be. The
company secures the rights and the government imposes the conditions.
Franchises, Past and Present.—It was formerly the The old-type
custom of states and cities to grant franchises for long franchise.
terms of years without imposing strict conditions for the protection of the
people. The reason for this was, in part, the strong desire of the community
to get the service at once. When electric street railways first came into use,
replacing the old horse-cars, they were regarded as a godsend to the
suburban districts. There was a great popular clamor to have the horse-car

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lines electrified as quickly as possible. So the companies that were willing
to provide this improved service obtained, in many cases, very liberal
franchises running for long terms and without strict conditions. These were
days, moreover, when city councilmen and state legislators often proved
susceptible to corrupt influences. Valuable privileges in many cities were
bartered away for next to nothing by dishonest or incompetent officials.
How many million dollars in franchises have been practically given away
by American states and cities during the past generation no one has ever
been able to calculate. Certain it is, at any rate, that hundreds of private
fortunes were made from these one-sided bargains.
But public opinion, in due course, became aroused to The newer methods.
the injustice of this free-and-easy method, and laws were passed forbidding
the grant of franchise privileges for longer than a designated term of years,
or without first giving the opponents of the grant an opportunity to be
heard.[233] In some cases the laws forbade the granting of any franchise
without the consent of the people at the polls. Provisions were also made to
ensure that in return for their privileges the companies should pay a share of
their annual profits into the city treasury.[234] Finally, it became the practice
to stipulate in the franchise that the rates charged by the company, the
quality of the service, and various other features affecting the interests of
the citizens, should be subject to public regulation. Franchises are still
granted by legislatures and municipal councils but with much greater care
than formerly.
Administrative Regulation.—In spite of these Regulation by the
various restrictions, however, it soon became apparent terms of a franchise is
not enough.
that a sufficiently close regulation of public utilities
could not be maintained by merely inserting various conditions in their
franchises. Franchises are granted for ten, twenty, or even fifty years, and
conditions greatly change within this period. A provision in the franchise
relating to the quality of gas, or the rate of fare on street railways, or the
candle-power of electric lamps may be framed carefully to cover the needs
of today, but no one can foresee what will be needed five or ten years
hence. Progress is continually being made in the mechanism of public
utilities as in all other branches of industry. If regulation is to be effective, it
must keep moving forward as new devices and methods come into use. A
franchise has the defect of being a closed bargain. It stands still while the
things which it tries to regulate keep marching on. No written document,

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furthermore, is self-enforcing, and unless some machinery is provided to
make the companies live up to their agreements there are always loopholes
through which they can evade the restrictions.
In order to make the regulation of public utilities It must be
flexible and effective, therefore, it has become the supplemented.
practice to supplement the terms of franchises by a system of administrative
regulation. Besides inserting a long list of conditions in the franchise the
government now stipulates, as a rule, that the rates and the quality of
service shall be fixed from time to time, in accordance with existing
conditions, by a body of officials commonly known as a public service
commission which is supposed to deal fairly with all parties.
Public Service Commissions.—Public service State and municipal
commissions are in some cases maintained by the commissions.
cities; but more often they are state-appointed bodies. There are two reasons
which make it desirable that the regulation of public utilities should be in
the hands of the state rather than under the control of the cities. In the first
place the jurisdiction of the city officials does not extend beyond the city
limits, whereas public service companies often do a considerable part of
their business outside. It is not uncommon, for example, to find the same
street railway, electric lighting, and telephone company operating in several
neighboring communities.[235] Municipal regulation, in such cases, would
subject the company to different rules in each community.
There is a second reason, namely, that public regulation is always
expensive. A public service commission must have skilled investigators to
assist it in deciding the technical questions which arise, and these experts
are costly to employ. Large cities can afford it, but in the case of small
communities it is better to have a single state commission perform the
functions of regulation for them all. In this way, moreover, the regulations
can be made uniform. Public service commissions consist of three or five
members; in cities they are appointed as a rule by the mayor; in states they
are usually appointed by the governor; but in some states they are elected
by popular vote. Appointment is now regarded as the more satisfactory
method.
The work of a public service commission covers a Work of these
wide range. Its chief function is to see that the commissions.
companies live up to the terms of their franchises and obey the laws relating
to public utilities. It hears complaints from city officials and citizens,

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investigates these complaints, obtains the company’s side of the case, and
makes such decision as the matter seems to require. It prevents
discriminations in favor of one community against another, and insists that
equally good service be given to all; it requires financial reports from the
various companies and often has power to fix the maximum rates which
they may charge. In some states it is the practice to grant “indeterminate”
franchises, or franchises which run for no stated term of years, coupled with
the provision that the franchise may be canceled at any time by order of the
public service commission if the company does not comply with the
conditions. It can easily be seen, therefore, that public service commissions
have a degree of authority which can readily be abused unless the
commissioners are fair-minded and absolutely honest men. Their position is
like that of judges, in a sense, for their function is to hold evenly the scales
of justice between the companies on the one hand and the public on the
other. Fairness is the essence of successful regulation.
Public Ownership.—By the methods which have Has regulation been
been described in the foregoing pages the government satisfactory?
has been able to protect, fairly well, on the whole, the interests of the
public. Railroads, telegraph companies, electric lighting plants, and other
similar corporations are no longer able to do as they please. On the contrary
their owners are inclined to feel that public regulation has gone too far and
has become oppressive. Yet regulation has not always been satisfactory to
the public. The complaint is often made that members of public service
commissions are chosen for political reasons and that their work, in such
cases, is neither effective nor impartial. The success of regulation has varied
in different parts of the country. In some states it has been satisfactory to
both sides; in others it has satisfied neither.
Because regulation has not proved successful in all Would public
cases the proposal is sometimes made that the utilities ownership be better?
should be taken over and operated by the government itself. Those who
support this policy of public ownership believe that the national
government should take over the railroads, telegraphs, and telephone lines,
while the states and the cities should become owners of all the street
railways, gas companies, and electric lighting concerns. These utilities
should then be publicly managed, they argue, just as the postal service is
now conducted by the national government, or as water supplies are now
provided by the cities.[236]

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European Experience in Public Ownership.—It is Public ownership
pointed out, in this connection, that the policy of public overseas.
ownership has been widely followed in various European countries,
particularly in Great Britain, France, and Germany. In Germany the
railroads have been for many years owned and operated by the government.
In all three countries the telegraphs are government-owned, and are
operated in connection with the post-offices. The telephone service is also
in public hands. Gas and electric lighting plants are to some extent owned
by companies in various European cities, but the majority of them have
been taken over by the municipal authorities. Even the street railways have
been passing under municipal ownership. Many European cities, moreover,
not only operate these various public services but conduct other municipal
enterprises, such as abattoirs, bakeries, theatres, savings banks, and even
pawnshops as well.[237]
Public Ownership in America.—In the United American experience
States the policy of public ownership has not been has been less
extensive.
nearly so popular. The railroads, telegraphs, and
telephones are owned and operated by private companies. They were
managed by the national government for a time during the war, but when
the emergency ended they were returned to their owners. Among the larger
cities of the United States only five or six own and operate their gas plants;
about twenty have municipal ownership of electric lighting plants.[238] Street
railway lines are owned by the city in only three or four instances; but in
several other communities they are being operated by the public authorities
under leases from the owners.[239] When one bears in mind that the total
number of public utilities in the United States runs up into the thousands it
will be seen that the policy of public ownership has had a relatively small
and slow development on this side of the Atlantic.
Arguments for Public Ownership.—The chief arguments in favor of
public ownership in the United States may be briefly set forth as follows:
First, all public utilities, being natural monopolies, 1. Regulation has
require a stricter measure of regulation than can ever be failed.
provided by any form of public supervision. So long as these utilities
remain in private hands there will be a continual effort to evade public
regulation and this effort will usually be successful because rich and
powerful companies are exceedingly difficult to control under a democratic
form of government. “We have tried regulation”, the advocates of public

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ownership say, “and it has not been satisfactory. Therefore, let us try the
only other alternative, which is to buy out the companies altogether.”
Second, under public ownership the people would 2. Lower rates and
obtain lower rates and better service. This would be better service.
possible because the government could procure capital more cheaply than
private companies and thus make a substantial saving in interest.[240] It
would not be seeking for profits, but would strive to give service at actual
cost. If the government owned all the utilities, moreover, it could buy
supplies and materials in large quantities and hence at lower prices. Each
street railway company now buys rails, cars, cables, coal, and so on for
itself. If a state owned all the street railways within its territory, it would
purchase these things on a much larger scale. Third, 3. More just to labor.
public ownership means a fairer and better treatment of the employees.
Wages, as a rule, are higher in public than in private employment (assuming
the same degree of training and skill); the hours of labor are not so long
(since the eight-hour day is now generally recognized in public
employment); and there is better protection against arbitrary dismissal. For
these reasons labor organizations usually favor public ownership. Fourth,
the public service companies have had a detrimental 4. The effect on
influence upon American politics. They are seekers of politics.
public privileges, and in their zeal to obtain favors are under strong
temptation to work in a quiet way for the election of public officials who
will be friendly to them. They form a part of what Mr. Elihu Root once
spoke of as the “invisible government”. Through their paid agents and
lobbyists they try to influence the action of legislatures and city councils in
ways which are to their own financial advantage but detrimental to the
public interest. The abolition of all franchises and the direct public
ownership of all utilities would remove, it is asserted, a corrupting influence
from American politics. These are the chief arguments used by the
advocates of public ownership.
The Arguments Against Public Ownership.—But there is much to be
said on the other side. First, it is claimed that public 1. More costly to the
ownership, by reason of higher wages and less efficient public.
management, would prove to be far more expensive than private enterprise,
and that in the long run the increased cost would have to be paid by the
people. This higher cost might take the form of higher rates for the service
or it might come out of the general taxes; but it would fall on the public in

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either case. When the national government operated the railroads during the
war it kept the freight and passenger rates low; the result was a deficit
amounting to about a billion dollars, which had to be made good out of the
public treasury. The taxpayers carried a burden which should have been
borne by the shippers and passengers. Second, public 2. Means retention of
ownership would mean poor service; the utilities would obsolete methods.
not keep up with modern methods; the public would be put to great
inconvenience by reason of incompetent management. Private companies
are alert, on the look-out for new economies, and always ready to adopt
improved methods. The incentive to all this is their desire to make greater
profits. They do not hesitate to spend money upon improvements if by so
doing they can obtain more business and increase their earnings.[241]
Remove this incentive, as is done when the government operates a public
utility, and everybody takes his job easily. Third, 3. Would not improve
municipal ownership would merely substitute the political conditions.
influence of organized labor for that of organized capital in politics. The
nation, states, and cities would have an enormous number of officials and
employees on their respective pay rolls. The employees would also be
voters. They would stand solidly for whichever political party offered them
better wages, fewer hours of labor, and other advantages. The interests of
the public would have scant consideration in the face of organized political
pressure from this huge array of government workers. Even today the city
employees are an important factor in municipal politics. What would they
be if their numbers were doubled or trebled? The railroad employees of the
country number many hundred thousand. Count in their wives (who are also
voters), their relatives and friends, the voters whom they can personally
influence, and you will see that they would form no negligible factor in
national politics. Fourth, although public ownership has 4. European
been moderately successful in European countries experience applicable.
not

where the governments are highly centralized it does
not follow that it would have the same success in this country. In the United
States, where government is conducted on a democratic basis, with short
terms of office and strong partisan forces at work, with the spoils system
still flourishing in many states and cities, public ownership would result in
gross mismanagement and extravagance. If the government is to engage in
business it should first put itself on a business basis. Before it undertakes to

Page 397

operate the railroads or the telephone service it should introduce efficiency
into its own governmental functions.
Summary.—In balancing these various arguments, Weight of the
one against the other, and in comparing the relative foregoing arguments.
merits of public regulation with those of public ownership, much depends
upon local conditions. It cannot be said that either policy is the better one at
all times, in all communities, for all utilities, and under all circumstances.
Where public regulation has been satisfactory there is a good deal to be said
for the policy of letting well enough alone. Where the policy of regulation
has not been successful the arguments for trying the experiment of public
ownership become stronger. It ought to be remarked, however, that if local
conditions are such as to make regulation a failure they are not likely to
make public ownership a success. A state or community which cannot hold
capital under effective control is not likely to be much more successful in
its dealings with a large body of public employees. No great weight should
be attached to the fact that public ownership has succeeded in one city or
failed in another. The success or failure of public ownership, as a policy,
cannot be fairly judged from this or that adventure in it, any more than we
can judge the outcome of a campaign from the winning or losing of a single
skirmish. Banks sometimes fail, yet our banking system is sound.
Speculators occasionally succeed, and make fortunes, but that does not
prove speculation to be a profitable form of business.
So far as can be judged from the figures of profit and loss, public
ownership is less economical than private management. The community
which owns and operates a street railway or a lighting plant or any other
public utility will not make a profit, in most cases, unless it charges higher
rates than would be charged by a private company. The books may show a
profit, but this is because not all expenses which ought to be charged to the
plant are put down; they are saddled upon the taxpayer in some roundabout
way. Public ownership cannot be justified as a matter of pennies and dimes.
But profit and loss are not the only things to be The question is not
considered. The question as to which plan is better for one of profit and loss
alone.
the public is much more than a question of surplus or
deficit. The fair treatment of labor, the reliability of the service, the removal
of sinister political influences—these should be reckoned with as well. And
that is where people with different points of view fail to agree. The
advisability of public ownership is an intensely practical issue which cannot

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be solved by appealing to any set rules or principles. It is entirely logical for
one to favor public ownership of the water supply while opposing its
extension to the street railway. One is closely related to the public health;
the other is not. In a well-governed community, where the service rendered
by a private company has proved to be unsatisfactory, the policy of public
ownership may be entirely justified. This does not mean, however, that the
people of boss-ridden cities, with the spoils system in full operation, should
take over public services which are doing well enough under private
management. Conditions, not theories, should determine which is the wise
policy.
Guild Operation.—In recent years another alternative to private
ownership has been put forth. It is known as guild ownership. Knowing that
many people are disinclined toward public ownership because they fear that
it would merely mean the mismanagement of the public services by
politicians, some labor leaders have proposed that the utilities should be
owned and operated by the organized employees. In brief they suggest that
the government should supply the capital (receiving interest on it, of
course,) and that the employees should operate the utilities through officials
chosen by them, or chosen by themselves and the government jointly. The
Plumb plan, put forward in 1919 as a solution of the railroad problem, was
a proposal of this nature. Some advocates of guild operation believe in
applying this policy not only to public utilities but to all industries.
General References
F. W. Taussig, Principles of Economics, Vol. II, pp. 397-418;
Clyde L. King, The Regulation of Municipal Utilities, pp. 3-55;
H. G. James, Municipal Functions, pp. 246-281 (Public Utilities); pp. 282-295 (Municipal
Ownership);
Massachusetts Constitutional Convention, 1917-1918, Bulletins, No. 22 (Municipal Ownership in
the United States);
E. M. Phelps (editor), Government Ownership of Railroads (Debaters’ Handbook Series). Contains
material on both sides of the question. See also K. B. Judson (editor), Government Ownership of
Telegraphs and Telephones, and J. E. Johnson, Municipal Ownership, in the same series;
F. C. Howe, The Modern City and its Problems, pp. 149-164.

Group Problems
1. Government ownership of telegraphs and telephones. History of the wire services. How the
telegraph and telephone companies are organized. Present methods of regulation by the national,
state, and local authorities. Public ownership of telegraphs and telephones in Europe. The results of
European experience. American experience during the war. Summary and conclusions. References:
K. B. Judson (editor), Government Ownership of Telegraphs and Telephones (Debaters’ Handbook
Series); A. N. Holcombe, Government Ownership of Telephones in Europe, pp. 441-463; H. R.

Page 399

Meyer, Public Ownership and the Telephone of Great Britain, pp. 239-268; W. W. Willoughby,
Government Organization in War Time, pp. 191-198.
2. State regulation of public utilities. References: H. G. James, Municipal Functions, pp. 246-
281; C. L. King, Regulation of Municipal Utilities, pp. 253-263; G. P. Jones, State Versus Local
Regulation, in Annals of the American Academy of Political and Social Science, LIII (May, 1914),
pp. 94-107; Proceedings of the Conference of American Mayors, 1915, pp. 123-162; H. M. Pollock
and H. S. Morgan, Modern Cities, pp. 225-249.
3. Municipal ownership in Europe. References: G. B. Shaw, The Common Sense of Municipal
Trading, pp. 17-42; Leonard Darwin, Municipal Ownership, pp. 33-66; Douglas Knoop, Principles
and Methods of Municipal Trading, pp. 95-106; F. C. Howe, European Cities at Work, pp. 37-67;
Yves Guyot, Where and Why Public Ownership Has Failed, pp. 55-71; W. H. Dawson, Municipal
Life and Government in Germany, pp. 208-259; C. D. Thompson, Municipal Ownership, pp. 15-25;
National Civic Federation Report (1907), Part I, Vol. I, pp. 261-302.

Short Studies
1. Franchises. Cyclopedia of American Government, Vol. II, pp. 44-48.
2. A model street railway franchise. C. L. King, Regulation of Municipal Utilities, pp. 165-181.
3. Gas and electric lighting franchises. W. B. Munro, Principles and Methods of Municipal
Administration, pp. 247-257.
4. Germany’s experience in public ownership. W. H. Dawson, Municipal Life and Government
in Germany, pp. 208-259.
5. Great Britain’s experience in public ownership. Douglas Knoop, Principles and Methods of
Municipal Trading, pp. 306-365.
6. Municipal ownership in the United States. Massachusetts Constitutional Convention, 1917-
1918, Bulletin, No. 22; National Civic Federation, Shall the Government Own and Operate the
Railroads, the Telegraph and Telephone Systems? The Affirmative Side; Ibid., The Negative Side.
7. Guild ownership. G. D. H. Cole, Guild Socialism, pp. 42-77.
8. Public service commissions. S. P. Orth, Readings on the Relation of Government to Industry,
pp. 308-343.
9. The danger of giving government too much to do. Otto H. Kahn, American Economic
Problems, pp. 235-275.
10. The Plumb plan. Public Ownership League, Bulletin, No. 12, pp. 86-100; Ibid., Bulletin, No.
14, pp. 59-74; 127-130.

Questions
1. Name all the principal public service industries of the present day. Would you say that the
following are public utilities: abattoirs; grain elevators; coal mines; pipe lines for conveying oil from
city to city; wireless telegraph establishments; airships carrying passengers; automobiles; taxicabs;
jitney busses; hotels; steamships; docks; banks; hospitals? Why or why not in each case?
2. Make a definition of public utilities which will square with your answer to the previous
question.
3. If a merchant should install an electric generator to provide light for his own store, would he be
then engaged in a public service and would he require a franchise? If he desired to sell current to his
neighbors (without crossing a street) would he then require a franchise? Give your reasons.
4. Certain industries are particularly suited to public management (for example, the postal service
and water supply). Name some others. Why are they suited?
5. What provisions should be made in a street railway franchise as regards term, fares, service,
contributions by the company to the public treasury, disposal of the plant when the franchise expires,
and regulation during the franchise term?

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6. Can you give any reasons why the government should carry mail but not telegrams? Parcels by
post but not by express?
7. Name some reasons why the effective regulation of public utilities is difficult.
8. What public utilities are operated in your city? By what companies? When do their franchises
expire? Who regulates them? Would any of them be better managed under public ownership?
9. Which of the arguments for municipal ownership seem to you to be the strongest, and why?
Which of the arguments against?
10. Would it be consistent for an Englishman to favor municipal ownership of street railways in
London but to oppose it in New York after becoming a resident there?

Topics for Debate
1. Street railways should be (a) owned and operated by private companies, or (b) owned by private
companies and operated by the government, or (c) owned and operated by the government.
2. Guild operation should be applied to all public utilities.

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CHAPTER XXV
EDUCATION

The purpose of this chapter is to explain why education is made compulsory, how the schools
are managed, what they cost, and what they are trying to do.

Education and Democracy.—No matter where one In a democracy
may go, in any part of the world, it will be found that education is essential.
political democracy and public education tend to keep pace with each other.
In despotisms one will rarely find a system of universal, free, public
education; or, if it is found, one can be sure that the despotism will not last
very long. Education is the friend of democracy and the foe of despotism.
Indeed it can fairly be said that without a system of public education no
democracy can be sure of its own permanence. This is because the
maintenance of democratic government depends upon the ability of the
people to think straight and to see things clearly. The more political
freedom you give a people the greater is their opportunity for abusing it.
In a real democracy the only safeguard is the Free government
common sense of the people, and a system of free, depends on
intelligence.
public education will do more for the diffusion of
common sense among the people than anything else can do. It is unsafe to
place the ballot in the hands of people without giving them the opportunity
to acquire that degree of enlightenment which is necessary to enable them
to use the ballot intelligently. The voter who cannot read a newspaper or
understand the public questions which he is called upon to decide is a poor
foundation upon which to build a government. More than fifty years ago,
when England practically adopted manhood suffrage, some of the old-
fashioned statesmen bemoaned the fact that the multitudes of the people
would be “masters” of the government. “Well, then”, said a certain member
of Parliament, “educate your masters!” That is the only way to keep a
democratic government honest, intelligent, orderly, and capable.

Page 402

THE EVOLUTION OF THE BOOK. By John W. Alexander

From a Copley Print, copyright by Curtis & Cameron, Boston.
Reproduced by permission.

Page 403

THE EVOLUTION OF THE BOOK

By John W. Alexander
These three mural paintings are in the East Corridor of the
Library of Congress.
The first depicts the spread of knowledge by oral
tradition. A seer, or wise man, narrates by word of mouth to
his tribesmen the story of the race. This was, in earliest
times, the only way of imparting knowledge. Then, after
many centuries, came the making of manuscript books on
parchment. The monks of the Middle Ages, as shown in the
central picture, spent much of their time in the laborious task
of making books—each letter being printed by hand. Finally
came the invention of printing. In the third picture
Gutenburg, the inventor, is inspecting one of the pages just
completed by the primitive press which the boy is turning by
hand.

But someone may interpose to ask this embarrassing If so, why are
question: If education helps to make people more intelligent men
sometimes corrupt in
intelligent in political matters, why is it that well- politics?
educated and intelligent people are often found among
corrupt and selfish politicians, and that even college graduates sometimes
become notorious political bosses? The answer is that in this, as in other
things, a general truth does not cease to be a general truth because there are
exceptions to it. Many well-educated men are unable to earn a living, but
would any sensible person argue that education, as a general rule, renders
no aid toward the gaining of a livelihood? As well might one urge that
newspapers render no service in disseminating the truth because some of
them occasionally print lies. It is quite true that men are not politically wise
in exact proportion to the extent of their education. The man or woman who
is only a grammar school graduate may have more political wisdom than
the most finished scholar in the land. But this does not impair the
fundamental truth that knowledge is preferable to ignorance in all countries,
at all times, and in every field of human activity.

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Education and Personal Efficiency.—To make men The general purpose
and women intelligent in matters of government is not, of education.
however, the only purpose of education. The general prosperity of the
country depends, in the long run, upon the individual ability of its citizens.
Every individual who proves able to earn his own living, establish a home,
bring up a family, and by his savings add something to the nation’s capital
is a contributor to the national prosperity. Every individual who fails to
make his own way and becomes dependent, either in whole or in part, upon
the efforts of others, is a drag upon the community. In its own interest,
therefore, it is the duty of the whole people to see that everyone is not only
enabled but encouraged to become personally efficient, able to make his
own way in the world, and capable of pulling his own weight in that many-
oared boat which carries the progress of society along.
The Purpose and Value of Education.—The The specific purposes
purpose of education therefore is three-fold. First, it of education:
aims to give young men and women the sort of training 1. Economic.
which will enable them to earn a living. This is a primary and fundamental
purpose, because earning a living is one of life’s great problems. But it is
not the only purpose of education; an educational system would be very
defective if it confined itself to this and nothing more. 2. Personal.
The second purpose of education is to develop the personality of the
individual, his own resources and mentality, so that he may enjoy those
durable satisfactions of life which are not directly connected with the work
of earning a livelihood. The enjoyment which men and women derive from
life is not entirely dependent upon the amount of their incomes; one need
only to look about the community to realize that this is so. Even a large
fortune does not of itself guarantee happiness. To live a full and contented
life it is necessary to know what is going on in the world, to appreciate its
significance, and to understand the many things which, to the uneducated
man or woman, are hidden mysteries. Education helps an individual to
know himself, to know what is going on around him, to understand the
motives which govern the actions of his fellow-men, and to adjust himself
to the environment in which he lives. Knowledge is power. It is power in
the hands of everyone who possesses it. The third 3. Social.
purpose of education, the social purpose, is also of great importance.
Education aims to train the individual so that he may better serve his
fellow-men. Democracy, as has been said, rests upon the intelligence of the

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people. A democratic government exacts from its citizens a sort of service
which education alone can teach them to give.[242]
The Growth of Public Education.—For many The illiteracy of
centuries in the history of the world the masses of the bygone days.
people were afforded no opportunity for even the elements of education.
Not one person in ten thousand could read or write. Even kings on the
throne were illiterate. There is a well-known picture of King John, with a
crown on his head and a quill pen in his hand, signing the Great Charter. It
is an altogether fanciful picture, because John Plantagenet could not write a
single word, not even his own name. No copy of Magna Carta or any other
document has ever been found with his signature on it. The only persons
who could read or write in those days were the monks and other officers of
the Church together with a very few laymen who were educated by them.
Even after the invention of printing, education spread slowly and it was not
until the nineteenth century that the desirability of providing free schools
for the masses of the people came to be generally recognized. Prior to that
time education was almost everywhere regarded as a luxury to be bought
and paid for by the relatively few individuals who could afford it.
In the United States free education goes back to The first American
colonial days. As early as 1647 the colony of schools.
Massachusetts Bay provided that a schoolmaster should be appointed and
paid out of the taxes in every town of more than fifty families and that this
schoolmaster should teach all the children “to write and reade”; but this
example was not generally followed in the other colonies. It has been
estimated that not more than half the population in the colonial days could
read and write. The proportion of illiteracy among women was especially
large because very little provision was made for educating girls. Even after
the Revolution the system of free, public schools spread slowly and not
until the middle of the nineteenth century did it cover the greater portion of
the country. Since the Civil War, however, the policy of making education
not only free but compulsory has been adopted in virtually every part of the
United States. The total enrolment in the public schools is now more than
twenty-two millions, and the cost of educating the vast array of young
citizens is considerably over a billion dollars a year.
The Control and Management of Education.—As The function of the
the national constitution gives the federal government state in education.
no power to control education the responsibility rests with the several

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states. Every state has established a system of free, public education, but the
methods of control and management differ greatly from one state to another.
Some states have centralized the management of the schools in the hands of
the state authorities; others leave this very largely to the school officials of
the counties, cities, or districts. Everywhere there is a state department of
education, with a board or a superintendent in charge, some states having
both. The local educational unit may be the city, town, township, school
district, or (especially in the Southern states) the county. A school board,
usually elected, erects the school buildings, chooses a school
superintendent, appoints principals and teachers (on the recommendation of
the superintendent), and appropriates money for the support of the schools.
The detailed work of managing the schools rests primarily upon the
superintendent.[243]
Central vs. Local Control of Schools.—To what Where should the
extent should the public schools be under the control of chief control be
lodged?
the state authorities? Is it advisable that local school
boards should be left free to manage the schools as they think best, without
interference from the state? These are questions upon which the opinions of
educators differ. It is argued that the school board, in every city, town, or
township knows best the needs of its own community and hence ought to be
given a free hand in meeting these needs. This policy, moreover, affords
each school a chance to try experiments and it is through experiments that
progress in education, as in everything else, is usually made. On the other
hand it is logical to assert that if the state laws make education compulsory
and if the state treasury grants money to local schools it is the right of the
state to see that the money is properly spent. If every city, town, and village
were left free to manage its schools without any central control there would
be no uniformity in the subjects taught, in the qualifications of teachers, or
in the organization of the schools. It would be difficult in that case for a
pupil to transfer from one school to another, outside the same community,
without finding himself a misfit in the new institution. A certain amount of
central control seems therefore to be desirable, but it is not for the best
interests of education that every school throughout the state should be
conducted in exactly the same way. A system of that sort tends to deaden
the whole process of education. There is a great deal to be said for home
rule in education, provided there is a sufficient amount of state supervision
to keep the schools up to a proper standard.

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School Boards and Politics.—It is generally agreed Keeping the schools
that party politics should have no place in the out of politics.
management of the public schools. There may be justification for party
politics in lawmaking bodies; but in school boards there is none. There is an
efficient way of managing the schools and an inefficient way; but there is
no such thing as a Republican way or a Democratic way. Yet elections to
school boards are, in many communities, contested upon party lines. Men
and women are nominated and elected, very often, because they belong to
one or the other political party, not because they have good judgment or a
deep interest in school affairs. In this, however, public sentiment is
gradually changing. In many places the school board elections have become
non-partisan; party designations have been taken off the ballots, and it
matters little which party a candidate belongs to. Why should it? What
relation is there between a man’s views on the tariff or the league of nations
and his ability to serve his own neighbors acceptably as a member of a local
school board? There is no visible relation. Taking the schools out of politics
means that the taxpayers get greater value for the money which is spent in
maintaining the schools, that all questions are decided upon their merits and
not by political favoritism, and that every pupil gets the benefit of better
schools, better teachers, and better educational methods.
Educational Work of the National Government.—The national
government, as has already been pointed out, possesses no formal powers
with respect to education in the states. Nevertheless it has done a good deal
to promote the interests of public education by publishing the results of
investigations into educational problems, and by rendering advisory
assistance to the state authorities. It maintains a Bureau The national Bureau
of Education which is now within the jurisdiction of the of Education.
Interior Department. At the head of this bureau is a Commissioner of
Education appointed by the President. The functions of the bureau are
almost wholly of an informal character; it collects data for the use of
educators and publishes this material in annual reports and bulletins.[244]
There has been a strong movement to make this bureau a regular
Department of Education, with a member of the cabinet at its head, and to
increase its powers considerably; but this movement has not yet been
successful.
Federal Aid to Education.—Within the last few years there has been a
good deal of controversy, both in Congress and outside, over a proposal to

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appropriate further funds from the national treasury for the promotion of
general education in the states, particularly in those states where the
common school system needs toning up. This proposal The Towner-Sterling
is embodied in a measure which has been before Bill: its merits and
defects.
Congress for some time but upon which no favorable
action has yet been taken.[245] In favor of the measure it is argued that public
elementary education is a national necessity and that if any state cannot
raise sufficient money to keep its common schools up to a proper standard
the interests of the whole nation will suffer in the end. There is just as much
reason, and more, it is asserted, for federal aid to state schools as for such
aid to state roads. On the other hand it is objected that the policy of large
federal subsidies to education would involve the taxing of the populous and
thriving states of the East, the Middle West, and the Pacific Slope for the
benefit of those other states, especially in the South, where the school
system has heretofore been backward through lack of funds. Most of the
federal government’s income is provided by the taxpayers of states like
New York, Illinois, Pennsylvania, Ohio, and Massachusetts. But in these
states the public school system has already been brought up to a standard
where there is no urgent need for federal assistance. The chief gainers under
the new plan would be the states which contribute very little of the revenue.
In other words, we should be taxing some states for the benefit of others. A
somewhat more weighty objection, to some minds, is found in the
possibility that if the national government begins the practice of making
large annual grants to the states for educational purposes it may, in due
course, undertake to exercise control over the public school systems of the
entire country. When a government grants money for any purpose it has an
undeniable right to make sure that the money is being properly spent. To do
this it must create some system of inspection. Inspection leads to
supervision, and supervision sooner or later merges into actual control. It is
feared in some quarters that this would be the ultimate outcome of federal
aid to common school education on any large scale.

THE PUBLIC

BOARD OF EDUCATION

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CLERK SUPERINTENDENT COUNSEL

SECRETARY

PRINCIPALS

ENGINEERS
SUPERVISORS
JANITORS

TEACHERS

PUPILS

HURON PLAN OF SCHOOL ORGANIZATION
THE CONTROL OF EDUCATION
This diagram illustrates a common type of municipal
school administration. The voters choose a Board of
Education, or School Board. This body, in turn, appoints a
Superintendent of Schools who has supervision over all
matters of school management. In some cities the members
of the Board of Education are appointed by the mayor. In the
larger municipalities there are, as a rule, one or more
assistant superintendents.
Make a similar chart showing the organization of the
school system in your own community.

Some Problems of School Organization.—Several A series of present-
problems of great importance are engaging the attention day questions.
of the school authorities at the present time. The more conspicuous among
them may be indicated by a series of questions which are under discussion

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wherever educators come together, but which are also of direct interest to
the pupils and to the community. To what age should school attendance be
made compulsory? How can pupils be kept from leaving school before they
have received a sufficient amount of education? How should the school
course be divided? Should we have junior high schools and junior colleges
as well as regular high schools and regular colleges? How may the training
of teachers be improved? Can the work of the schools be brought into closer
and better contact with the resources of the public library? Is it possible to
use the school plant, after school hours, for various forms of community
service? Can greater use be made of the school plant during the school day?
And where are we going to get the money with which to carry on all these
new enterprises if we ultimately agree that they are desirable? This list of
questions may seem to contain some that are not related to one another, but
they all point to different aspects of the same great problem and may be
summed up in the one broad query: What changes in school organization
will better enable education to fulfil its three-fold purpose?
The School Age.—To what age should attendance be Compulsory school
made compulsory? In most of the states this age is now attendance.
fixed at fourteen years (or grammar school graduation) although some
Southern states still maintain the twelve-year limit. Many believe that even
the fourteen-year limit is not high enough and are urging that it be raised. In
some states a step in this direction has been taken by requiring that all
persons under sixteen years of age who engage in any form of wage-earning
employment must either present a certificate of graduation from grammar
school or must attend continuation classes for so many hours per week.
More urgent than any raising of the school age, however, is the need for
more strictly enforcing the rules which now exist. In some communities the
present age limit of fourteen years is not insisted upon, with the result that
many thousands in the backward rural sections and in the crowded districts
of cities are growing up in illiteracy. Whatever the age limit it ought to be
enforced to the letter.[246]
Re-arranging the School Divisions.—But we The present school
should not depend wholly upon the stern arm of the law divisions.
for the solution of a problem like that of keeping pupils at school. When
normal boys and girls strongly dislike going to school, when they stay away
at every opportunity and leave school as soon as they can, we may well
suspect that there is something wrong with the school system itself.

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Graduation from grammar school has hitherto been looked upon as the
natural point at which to break off. The majority of pupils leave the schools
at that stage; only a minority go on with the regular school course. Our
whole system of school divisions has therefore brought it about that there is
no logical breaking-off point between the ages of thirteen or fourteen on the
one hand (grammar school graduation) and seventeen or eighteen (high
school graduation) on the other. It is believed by many educators, moreover,
that the last two grades of the grammar schools have not been so organized
as to awaken in the average pupil a desire to go further. The upper grades of
grammar schools do not differ essentially in their methods of instruction
from the lower grades although the much greater maturity of the pupils
would seem to warrant the use of different methods.
To improve this situation it is now proposed to divide The junior high
the school course into three parts by establishing junior school system.
high schools, and many communities have already adopted this plan. The
junior high school as usually organized takes the last two grades of the
grammar school, adds on the first year or the first two years of the regular
high school course, and thus provides a three-year or a four-year program
which carries pupils through to the ages of fifteen or sixteen. The methods
of instruction are those of the regular high school.[247] This plan is said to
have two marked advantages: it induces pupils to continue their schooling
one or two years longer, and it gives them a type of instruction which is
better suited to their age and interests. Objection is sometimes raised
against the junior high school system on the ground that it involves the
introduction of elective studies and hence may result in the neglecting of
fundamentals. It may also result in bringing all the customary social and
athletic diversions of the high school into the lives of younger pupils.
Whether this is an advantage or a defect may be regarded as an open
question.
What becomes of the regular high school if its first The junior college.
year or two years are lopped off? There are two alternatives. It may become
simply a senior high school with a three-year or a two-year course, or it
may add on two additional years covering work which has hitherto been
done by freshmen and sophomores in colleges, thus providing what has
come to be known as a junior college course. Where this policy is pursued
the pupil can be carried two years beyond the old high school graduation
and enabled, on entering a college or university, to obtain a degree in less

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than the usual time. All this involves a considerable increase in the expense
of maintaining the school system, of course; but it also increases the service
rendered to the community.
The Training of Teachers.—In the last analysis the success of education
depends upon the teacher. Suitable buildings, a well-planned curriculum,
good text books, all contribute their share towards the efficiency of a
school; but these are inanimate things. Without capable teachers they are of
little avail. Now effective teaching requires two attainments on the part of
the teacher, a knowledge of the subject and ability to impart this knowledge
to others. Both of these things are essential and both are in large measure
the result of training. It is for this reason that all the Normal schools.
states maintain normal schools in which prospective teachers are trained in
the art of giving instruction. For teachers who are already in service many
of these normal schools provide courses during the afternoon and evening
hours so that teachers may keep abreast of the most modern methods in
education. The universities also provide extension Extension courses.
courses and summer instruction with the same end in view. All this is highly
desirable and should be carried even further. We are inclined to spend our
school appropriations on buildings, books, supplies, and facilities for the
pupils and to feel that the community discharges its full obligation to the
teachers when it pays them salaries that are by no means proportionate to
the importance of the work in which they are engaged. But human
knowledge is moving forward at a rapid pace and anyone who does not
keep close on its trail is sure to be left far behind. Unless the teachers are
afforded the opportunity of keeping in touch with everything that is new it
is difficult to see how their instruction can keep pace with the times.
The School and the Public Library.—The public library is an
institution of great educational value and its relation to the schools ought to
be more intimate than is usually the case. Too often the public library is
merely an ornate building with a miscellaneous assortment of books
(mostly fiction) on its shelves. It is regarded as a place for adult readers
primarily. But the way to enlarge this circle of adult readers is to bring them
into touch with the resources of the library when they are young, and the
public schools are the natural channels through which this can be
accomplished.
In well-managed public libraries this is now being How the public
done. Many of them have established juvenile library can help the
schools.

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departments in which an expert carefully chooses books that are likely to
interest the young. Reading lists of interesting and timely subjects are also
kept posted; the pupils in the schools are encouraged to use the library in
connection with their studies; illustrated lectures are provided in the late
afternoon hours and on Saturdays, and the whole atmosphere of the library
becomes one of welcome to readers of every age. It should not be thought,
however, that all public libraries are rendering this degree of service. Many
of them are unprogressive in these things.
Wider Use of the Schools.—Under ordinary The school as a
conditions, how many hours of use does a community neighborhood center.
obtain from its school buildings in the course of a year? Five hours per day,
five days per week for about forty weeks in the year. That makes a total of
about a thousand hours—a year contains more than eight times as many.
When used for school purposes only, school buildings are empty seven-
eighths of the time. But the cost of maintenance (interest, care, etc.) goes on
all the time just the same. These buildings are admirably suited for many
after-school purposes; they are centrally-located, well heated and ventilated,
clean and commodious. Why not make use of them outside of school hours?
The answer to this query is that many cities are now making use of them for
evening classes, for public meetings, and neighborhood recreation. The high
schools in many cities have become evening social centers for the section in
which they are located. This means that the classrooms, assembly hall, and
gymnasium are opened for lectures, entertainments, games, and dances, all
under the supervision of officials (usually teachers) who are appointed and
paid by the school board. The complaint is sometimes made that this wider
use of the school plant is not education in the customary sense, but
recreation or amusement, and that the taxpayers should not be required to
pay for adult amusement under color of supporting a public school system.
There is some force in this contention, but so long as the work is of value to
the community, and worth what it costs, the particular heading under which
the money is expended does not matter a great deal. These evening
activities are placed in charge of the school authorities as a matter of
convenience and not because they are exclusively of an educational
character.
The Gary System.—Do we make sufficient use of the school facilities
within the available school hours of the day? The usual school program
does not cover more than five hours, although there are eight hours between

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eight in the morning and four in the afternoon. In Gary, Schools on an eight-
Indiana, a few years ago the school authorities decided hour basis.
that schooling, like labor, should be put upon an eight-hours-a-day basis.
Pupils were therefore kept at school from eight until four, spending half
their time in the classrooms and the other half at vocational work or at
organized play. In this way the classrooms were made to accommodate
twice the customary number of pupils. The Gary plan was based on the idea
that even as regards their play the school can be of service to pupils and that
time spent in learning something useful should be substituted for time spent
in roaming the streets. Especial emphasis is placed by the Gary plan upon
letting each pupil follow his own line of interests both in the classroom and
in the vocational work. But the system has not, on the whole, proved
popular elsewhere with either parents or pupils. The labor organizations
also dislike it, suspecting that the plan is a capitalist scheme for getting the
children of the worker more rapidly into the shops and factories.
Vocational Education.—The foregoing topics do The old curriculum.
not exhaust the list of things which educators are earnestly considering
today. There is also the important question as to what should be taught in
the schools and how it should be taught. For some years the whole
curriculum of the public schools has been in process of change. The training
of the old-time American school was in large measure literary and
intellectual, without any direct relation to the present or future interests of
pupils. It came to us from a past generation, when education was the
prerogative of the well-to-do alone, the privilege of the leisure class,
designed to give culture and erudition. But inasmuch as nearly ninety per
cent of all the pupils in the public school go directly into some form of
industrial or mercantile employment (not into the learned professions) it can
readily be seen that a school program of strictly cultural studies does not
satisfy the real needs of the community. Hence the demand for vocational
education, for such study and practice as will connect the pupil directly with
his future life work.[248]
In response to the demand for vocational studies the The new curriculum.
old school curriculum has undergone a striking change. Today it is the
disposition of educators to challenge every subject to demonstrate its value.
A subject which cannot demonstrate that it helps to fulfil some one of the
recognized purposes of education is given a subordinate place in the
curriculum or taken out altogether. In keeping with this attitude the

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vocational studies have come into great prominence during the past twenty
years or more, for they are regarded as connecting the pupil with his future
life-work. Shopwork, millinery, sewing, cooking, stenography, mechanical
drawing, and a dozen other branches of vocational work have been brought
into the school program. They are crowding the older high school studies,
particularly the classical languages, into the background. Special schools of
commerce and industry have been provided in many of the large cities, and
special schools of agriculture in the rural districts.[249]
No sensible person should regret that the schools have moved in this new
direction; the only question is how far they ought to go. If the only purpose
of education were to teach the art of earning a living it would be another
matter; but do purely vocational studies afford sufficient scope for the
attainment of the other educational purposes? Man does not live by bread
alone. The cultural studies have their value although this is often
overlooked because it does not appear in plain sight to the naked eye. Even
in the vocational school there should be a proper balance between the
definitely vocational studies and the so-called cultural subjects.
The Newer Methods of School Instruction.—Forty or fifty years ago
all American education, in schools and colleges, was on a prescribed basis.
Definite subjects were laid down to be studied and everybody studied them.
But the plan of allowing students to choose some or all of their studies was
adopted by the colleges and in due course this elective system worked its
way down into the schools.
There is a good deal to be said in favor of the The elective system.
elective system; it permits a choice of work in accordance with individual
interests and capacities. After all, the school is created for the pupil, not the
pupil for the school. The pupil is the true unit of instruction, not the subject.
On the other hand the elective system may be carried to extremes; in some
colleges that was the case and it has now been found necessary to put
restrictions on the plan. A system of free and unguided electives leads to a
patchwork education, desultory in character and without depth. It is all right
to know a little about everything; but it is even more important to know
some one thing well. Certain subjects form the groundwork of knowledge,
and to go ahead with others before first mastering them is like building the
roof of a house before you have dug the foundation or erected the walls.
Without a grounding in the great languages, the English language

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particularly, and a fair proficiency in mathematics, history, and the elements
of science no one is entitled to call himself an educated man.
The classroom methods have also changed The socialized
considerably in the last generation, and they have recitation.
changed for the better. The older methods sought to drill facts into the
pupil’s mind and resulted, very often, in merely over-stocking his memory.
Today the aim is to utilize, wherever possible, a method of approach
through the interests of the individual and to show him how every shred of
knowledge fits into the whole fabric. The old methods of classroom
instruction laid the entire emphasis upon individual study and recitations;
today much greater emphasis is being placed upon group activity, which
includes group discussions, group investigations, and group reports. This
does not mean, however, that the individual pupil carries less responsibility
than under the older system. It still remains true that there is no royal road
to knowledge and no system of rapid transit either. No system can make an
educated individual without self-effort. Education is one of the very few
things in the world which anyone can obtain but which no one can give
away.[250]
Financing the Schools.—All new educational enterprises mean
increased expenses. Public education in the United States has become
enormously more expensive during the past twenty years. The newer
methods of school organization and instruction, the wider use of the
schools, the extension of vocational education, the providing of free text
books, the progress of health work in the schools, the establishment of
evening schools, continuation schools, vacation schools—all these things
have caused the cost to keep mounting year after year. A billion dollars a
The public schools of the United States now cost the year for education.
taxpayer more than a billion dollars per annum. That is twice what they cost
ten years ago. If the expenses double once more in the next decade, where
will the money come from? Practically all of it is now obtained by taxation;
but taxation spreads itself out through rents and prices upon the whole
people as has already been shown. A billion a year seems to be a large sum.
It is a large sum but, strange to say, it is less than the American people
spend every year for tobacco. Money for the schools, it is safe to predict,
will be forthcoming when people understand what education means to
individuals and to the nation. If present sources of revenue will not stand

Page 417

the strain others must be found. There is no more profitable way in which
the nation can invest its wealth.
General References
E. P. Cubberly, Public School Administration, pp. 3-65;
S. T. Dutton and David Snedden, The Administration of Public Education in the United States,
pp. 25-95;
F. J. Goodnow and F. J. Bates, Municipal Government, pp. 335-354 (Educational Administration);
A. J. Inglis, Principles of Secondary Education, pp. 340-383;
John A. Fairlie, Local Government in Counties, Towns, and Villages, pp. 215-224;
W. E. Chancellor, Our City Schools, pp. 25-77;
W. B. Munro, Principles and Methods of Municipal Administration, pp. 356-402;
George F. Swain, How to Study, pp. 1-21;
The Annual Reports of the United States Commissioner of Education, the Bulletins of the United
States Bureau of Education, and the Annual Reports of the State Superintendents of Education
contain much useful information.

Group Problems
1. The purpose, progress, value, and limitations of vocational education. The old curriculum,
its merits and defects. The rise of manual training. Its value. Beginnings of industrial education. Its
progress. Its scope. Its place in the school system. Its relation to industry and the attitude of industry
toward it. The attitude of organized labor. Limitations on the scope of vocational education.
References: P. H. Hanus, Beginnings in Industrial Education, pp. 3-27; David Snedden, Vocational
Education, pp. 1-104; Meyer Bloomfield, The School and the Start in Life (United States Bureau of
Education, Bulletin, 1914, No. 4, pp. 117-133); S. T. Dutton and David Snedden, The
Administration of Public Education in the United States, pp. 404-425; Irving King, Social Aspects of
Education, pp. 144-176; A. H. Leake, Industrial Education, its Problems, Methods, and Dangers, pp.
3-39; United States Senate and House Committees on Agriculture, Vocational Education (Report of
Hearings, 1912). See also the Proceedings of the National Society for the Promotion of Industrial
(Vocational) Education (published annually).
2. How far should the state control the public schools? References: S. T. Dutton and David
Snedden, The Administration of Public Education in the United States, pp. 41-72; E. C. Elliott,
State School Systems (U. S. Bureau of Education, Bulletin, 1910, No. 2, pp. 31-68); A. C. Perry,
Outlines of School Administration, pp. 16-28; J. M. Mathews, Principles of American State
Administration, pp. 296-334.
3. The school as a social center. References: Irving King, Education for Social Efficiency, pp.
262-279; C. A. Perry, The Wider Use of the School Plant, pp. 3-16; 335-380; E. J. Ward, The Social
Center, pp. 302-314; National Society for the Study of Education, Tenth Yearbook (1913), Part I, pp.
1-69.

Short Studies
1. The social aim of education. Irving King, Education for Social Efficiency, pp. 11-20.
2. The organization and functions of school boards. W. B. Munro, Principles and Methods of
Municipal Administration, pp. 359-372.
3. How teachers are appointed. F. W. Ballou, The Appointment of Teachers in Cities, pp. 8-41.
4. Vocational guidance. Irving King, Education for Social Efficiency, pp. 177-205.
5. How schoolhouses should be constructed. F. B. Dresslar, American School Houses (U. S.
Bureau of Education, Bulletin, 1910, No. 5, pp. 17-38 and passim).

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6. The Gary system. General Education Board, New York City. The Gary Schools, a General
Account, pp. 17-72.
7. Has popular education failed in America? C. W. Eliot, American Contributions to
Civilization, pp. 203-236.
8. The educational lessons of the war. F. A. Cleveland and Joseph Schafer, Democracy in
Reconstruction, pp. 212-243.
9. Education and economic success. J. Ellis Barker, Economic Statesmanship, pp. 143-179.

Questions
1. Explain why public education is necessary for the preservation of popular rights and liberties.
2. If democracy and public education usually go together, why is it that Germany had an excellent
system of public education and yet remained an autocracy down to 1918?
3. Do the laws of your state provide for compulsory school attendance? If so, between what ages?
What is your opinion as to the proper age limits?
4. Explain the organization and functions of your state board (or department) of education and
your local school board.
5. Give a summary of what the federal government is now doing for education. Do you believe
that it ought to do more? If so, what?
6. How are funds for school purposes raised in your community? On what basis does the state
make its contribution?
7. What suggestions can you make for keeping the schools out of politics?
8. Do you believe that teachers should be appointed under civil-service rules?
9. Do you approve or disapprove of the Gary system? Give your reasons.
10. Make some suggestions for bringing the school and the public library into closer relations.

Topics for Debate
1. The Towner-Sterling Bill should be passed by Congress.
2. School discipline should be placed in charge of a student council.
3. The age limit of compulsory school attendance should be raised to sixteen years.

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CHAPTER XXVI
PUBLIC HEALTH AND SANITATION

The purpose of this chapter is to point out what things endanger the public health and what
means are taken to safeguard the people against them.

A Highly Important Matter.—Nothing among all Health and efficiency.
the activities of modern government is more important than the care of the
public health. Its importance cannot be measured in dollars and cents or in
figures of any kind. The health of the individual is the greatest of all factors
in personal efficiency; no man, woman, or child can do the best work in any
field of activity if hampered by disease, however slight. The health of the
community is likewise essential to its progress and prosperity. Health
protection, accordingly, is not a matter which can safely be left to
everyone’s discretion. Some people would realize the necessity of
safeguarding themselves and their families against disease; but others
would not, and their neglect would entail danger to the whole community.
Some people would know how to avoid ill-health, so far as it can be
avoided; but others would not possess this knowledge and would suffer for
lack of it.[251] A man’s religious or political belief may be his own personal
concern; but his ideas of cleanliness and disease prevention are not. People
who lay themselves open to disease constitute a danger to all those around
them. In earlier days, when the population was scattered and not brought
into contact the need for social control of the public health was less
imperative. Today, when millions of people live in crowded cities where
they come hourly into contact with one another the safeguarding of the
public health constitutes a governmental task of the first importance and
magnitude.
Old and New Ideas Concerning Health Protection.—No science has
made greater progress during the past hundred years than the science of
preventive medicine. In early times all diseases were looked upon as due to

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the same cause, namely, the anger of the gods for some misdoing on the
part of the individual or the community.[252] The usual course, when a
pestilence came upon the people, was to go through ceremonies and offer
sacrifices in order that this anger might be appeased.
Great plagues swept over Europe almost unchecked The great plagues of
for a thousand years. In every community there were olden days.
healers and medicine-men, who claimed to possess magic arts in dealing
with all human ailments but, as a grim truth, nobody had the remotest idea
as to what brought these epidemics, or how they were spread, or what might
be done to prevent them. It is said that the Black Death in the fourteenth
century carried off one-third of all the people in England. Whole towns
were swept out of existence. Knowledge concerning the nature of disease
and the methods of preventing it developed very slowly for many centuries,
because many superstitions had to be broken down, and only within quite
modern times did health protection reach the stage where it could properly
be called a science.
Health protection did not attain a scientific basis, in The germ theory of
fact, until the germ theory of disease was worked out disease.
and accepted. This theory, which is simple enough in its elementary
principles, completely reconstructed the ideas of the human race concerning
the causes and methods of preventing bodily ailments. It provided a
complete explanation for many things which had been looked upon as utter
mysteries. The wonder is that the world spent so many centuries in
discovering it. Even in the days of the Roman Empire intelligent men
suspected that there was some connection between filth and pestilence; but
just what this connection was they never were able to trace out
satisfactorily, nor did anyone manage to do it for more than fifteen hundred
years after them.[253] How long it has sometimes taken the world to move
from one step in knowledge to the next!
The Causes of Disease and Infection.—The germ Explanation of this
theory of disease may be concisely stated in this way: theory.
Innumerable small organisms (known as microbes, bacteria, bacilli, or
germs) exist in the air, and in or upon nearly all substances. These
organisms or germs are so small that they are invisible to the eye unless a
powerful microscope is used. They are so small that thousands of them can
assemble on the head of a pin or in the smallest drop of water. Most of them
are harmless; and some of them render useful service. Harmless bacteria.

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Without the aid of these little organisms we could not make cheese or
vinegar. On the other hand nearly all organic decay, of whatever sort, is
caused by the action of bacteria. When apples rot, or milk grows sour, or
butter becomes rancid, it is all due to bacterial action. Bacteria multiply
with extraordinary rapidity wherever the temperature and other conditions
are favorable; most species increase by division, that is, one micro-
organism divides itself into two, these two into four, and so on by
geometrical progression. As successive divisions often take place within a
few hours it is easy to see how a very few germs today may number
millions tomorrow. Under the microscope most of the different species can
be identified, for they assume varying shapes and display a variety of
characteristics.
But although most of these diminutive organisms are Harmful bacteria.
harmless, many of them are what scientists call pathogenic germs, in other
words, they are a menace to health when they gain access to the human
body. The human body, in fact, is the most favorable environment for these
disease-bearing bacilli, and most of them can live but a short time outside
of it. Access may be gained in various ways, but principally through the
food and drink we consume, or through the bites of germ-carrying insects.
The bacteria, when they gain lodgment in the tissues of the body, often
multiply with great rapidity, creating poisonous substances, and thus
increase the normal bodily temperature—a condition which we speak of as
fever. When the body is strong and vigorous, it can sometimes overcome
and throw off the effects of this bacterial action, for the human blood, under
normal conditions, possesses powers of resistance to pathogenic germs; but
when people are frail or exhausted, this power of resistance is greatly
diminished and the bacilli are enabled to gain the upper hand.
Water-Borne Diseases—Typhoid Fever.—One way in which
pathogenic bacilli gain access to the human body and produce disease may
be illustrated by the case of typhoid fever. Fifty years ago this disease was
one of the most common in all countries; today it has been almost entirely
eradicated in civilized lands. Both armies in the Civil War lost thousands of
men through its ravages, but in the American army during the World War
there were only a few cases. Accurate knowledge of the way in which
typhoid is transmitted has given mankind an almost complete mastery over
this scourge of many centuries.

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Typhoid is caused by a germ which is most The causes of typhoid
commonly found in polluted water, but sometimes and the remedies.
makes its way into milk through the use of water in washing cans and
utensils. It does not come from bad ventilation, sewer gas, ash piles, or
exposure to cold, as some people imagine. The typhoid bacilli, being taken
into the stomach with water, milk, or any other contaminated nourishment,
find their way into the intestines and cause inflammation there, thus
producing a fevered condition. If the sewage from hospitals and homes
where there are typhoid patients is not carefully guarded, it gets into lakes,
rivers, or wells, polluting them and spreading the disease. The elimination
of typhoid is, therefore, very largely a problem of protecting the water
supply against contact with human sewage. This is one reason why
progressive communities are giving so much attention and spending so
much money upon modern methods of sewage disposal and upon the
rigorous protection of their public water supplies. An epidemic of typhoid is
always the outcome of somebody’s ignorance or neglect. It has been
suggested, with a good deal of force, that for every such epidemic
somebody ought to be put in jail.
Insect-Borne Diseases.—Another way in which disease-bearing bacilli
obtain access to the human blood is through the bites of insects. Fifty years
ago yellow fever was the great scourge of all tropical The scourge of yellow
countries. When the French built a railway across the fever.
Isthmus of Panama in 1885 it is said that the work cost one life for every tie
in the road, so great were the ravages of yellow fever among the laborers.
But the United States, twenty-odd years later, succeeded in digging a canal
across the Isthmus without the loss of a single life from this disease. Under
Spanish rule, Cuba was never free from yellow fever; the island has been
free from it since the Americans cleaned it up.
The change has been brought about by the discovery The war upon insects.
that the germs of yellow fever are carried by a certain species of mosquito
which transmits the infection from a diseased person to others. The
cleaning-up of stagnant pools in which the mosquitoes breed, and the
careful screening of doors and windows has practically eliminated the
disease wherever these measures have been taken. Substantially the same
thing is true of the disease known as malaria so far as causes and remedies
are concerned. Typhus, a fever which has long been the pestilence of
backward countries, is transmitted from person to person by the common

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body-louse or “cootie”. Cities, armies, and even whole countries have been
set free from this plague by delousing operations, that is by the wholesale
disinfection of clothing and persons.[254] Bubonic plague, the Black Death of
the Middle Ages, which has swept over Asia and portions of Europe so
many times, is transmitted by rat fleas. Other diseases besides yellow fever,
typhus, and bubonic are known to be spread by insects, and still others are
believed to be. The common house-fly is undoubtedly a carrier of typhoid
germs from filth and sewage to the water, milk, and food supplies in homes
and stores. The world would be far better off if the whole category of
disease-carrying insects, mosquitoes, lice, fleas, and flies, could be made as
extinct as the dodo.
The Wide Range of Disease and Causes.—Not all diseases, of course,
are caused by polluted food and drink or by the transmission of insect-borne
bacilli. Some are undoubtedly caused by pathogenic germs whose methods
of infection we do not yet know. There are various theories as to what
carried influenza from one end of the world to the other during 1918 but
none of them satisfactorily explain all that happened. The epidemic in one
case broke out upon a sailing ship, far off at sea, six weeks after it had left
port. So disease still has its mysteries, yet unsolved. We Things which cause
know, however, that many ailments are either directly and spread disease.
caused or are facilitated by poor nourishment, bad ventilation, lack of
cleanliness, physical exhaustion, and lax attention to personal hygiene.
Some are due also, in whole or in part, to certain forms or conditions of
work, and are commonly known as occupational or industrial diseases.
Such, for example, is lead poisoning in paint factories; such also is the
illness which often overcomes men working in tunnels and other places
where compressed air is used. The spread of tuberculosis, the great white
plague of today, is undoubtedly due in some measure to dust and bad
ventilation. The relations between diseases and occupations have not
received careful study until recent years, but it is believed that we shall
ultimately find the causes of many human ailments in the conditions under
which some forms of industry are carried on.
Hygiene of Factories and Workshops.—Because of Industry and ill
the unsanitary conditions which have been found by health.
investigation to exist in workshops and factories, particularly in the large
cities, various states have made laws and regulations to protect the health of
employees in such establishments. Some trades, such as the making of

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poisonous phosphorous matches, have been prohibited altogether. Others,
by reason of their danger to the health of the workers, have been subjected
to strict regulation. The “sweat-shops” or tenement rooms in which women
and children formerly worked long hours for a mere pittance, crowded
together with almost no ventilation—these industrial dungeons have been
legislated out of existence almost everywhere. Workshops and factories
must now be commodious, well-lighted, clean, and properly ventilated.
Adequate sanitary equipment must be provided. It is the duty of the state
factory inspectors to see that all these requirements are fulfilled.
The Prevention of Disease—Individual Precautions.—Without the co-
operation of individuals no government can maintain a high standard of
health among the people. All that the public authorities may do will prove
inadequate unless individuals themselves, young and old, understand and
observe the means of disease-prevention. Physical Physical fitness.
fitness is one of the greatest blessings any man or woman can have, and it is
largely the product of strict attention to the upbuilding of the body in early
years. Theodore Roosevelt was a frail, sickly lad in his boyhood days. He
realized, as he explains in his autobiography, that he could never make a
marked success in life without building up his physical vigor, so he set
about doing it, and by the time he had reached full manhood he was a
model of physical ruggedness. How did he manage it? Regular habits, out-
of-door life, prompt attention to minor ailments, a zest for every form of
wholesome sport,—these things transformed a weakly youth into the
sturdiest man that ever sat in the presidential chair.
There is no need to lay down any definite rules as to how the young men
and women of America may gain and maintain a high standard of health
and bodily vigor. Common sense will suggest most of them. The besetting
sin of youth is its prodigality, the wasting of strength that should be saved
for years to come, and the failure to realize that an individual’s health at the
age of forty or fifty depends very largely upon what use is made of health
opportunities during the years from fifteen to twenty-five. The glory of a
young man is his strength; he does not usually let his mind run ahead to the
day when he will be neither young nor strong. No investment that young
people can make will pay higher dividends than that which is represented
by the time, the thought, and the care spent upon the task of keeping well in
early years.
Quarantine.

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The Prevention of Communicable Diseases: Quarantine and
Disinfection.—First among the measures taken by the public authorities to
prevent the spread of communicable diseases are the quarantine regulations
which are enforced at all the seaports under the authority of the national
government. Day and night throughout the year, the health officers stand
guard at these ports to see that no disease-bearing persons are permitted to
land. Vessels leaving foreign harbors for the United States must secure a
bill-of-health from the American consul before they sail; and the first
person who goes on board an incoming vessel after it takes on its pilot is the
quarantine officer. This official permits no passengers to be landed until he
has made sure that there are no persons afflicted with communicable
disease aboard. If there are any such cases, the passengers are held until the
danger is past. The various states and cities also maintain systems of health-
inspection and quarantine. Certain diseases (including tuberculosis,
smallpox, typhoid, scarlet fever, pneumonia, whooping cough, diphtheria,
measles, mumps, and so forth) must be promptly reported to the local health
authorities. The local health regulations require that in case of the more
readily communicable diseases the house be placarded. In extreme cases,
the patients may be removed to an isolation hospital.
After the illness has terminated, the regulations Disinfection.
usually provide that the premises shall be disinfected under the supervision
of an official from the health department. Every state, as well as every city
and town, maintains general regulations relating to quarantine and
disinfection, these being enforced by the state health authorities. For the
most part, however, this work is supervisory, the detailed enforcement of
the rules being left to the health officers of the various communities,
although in the case of epidemics, involving several municipalities, the state
health authorities usually assume direct control. Similarly, when epidemics
spread or threaten to spread from one state to another, the national health
authorities step in.[255]
Vaccination and Inoculation.—The practice of vaccinating and
inoculating healthy persons as a safeguard against disease has been used for
more than a century. Vaccination consists in introducing vaccine into the
blood of a healthy person, usually by making an abrasion of the skin. The
vaccine is obtained from health laboratories, where it is produced from the
blood of artificially-infected cattle. Inoculation of the human blood is also
widely used nowadays in order to prevent or to mitigate diphtheria, typhoid,

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pneumonia, and rabies. All members of the American expeditionary forces
during the World War were given the anti-typhoid inoculation. It consisted
of injecting into the blood a quantity of dead or greatly-weakened typhoid
bacilli. They were not sufficient to produce the disease but they were
enough to set the resisting-powers of the blood in motion so that the latter
would be fully developed to meet a real infection if it should come.
Vaccination against smallpox is compulsory in Should vaccination be
several of the states and in many communities, although compulsory?
there is a good deal of objection to it among certain sections of the people.
If smallpox were completely wiped off the face of the earth there would be
no need for universal vaccination; but so long as numerous cases exist, as
they still do in many countries, compulsory vaccination is likely to prove a
justifiable measure of public safety.
Milk Inspection.—Among all the foods of Importance of the
humanity, milk is probably the most important. It is the milk supply.
chief nutrition of children until they reach school age, and sometimes even
longer. It forms a large factor in the diet of invalids. Even in the daily fare
of robust adults, it is an item of no small importance. Yet no article of
everyday commerce is more easily contaminated, and in the case of no
other article are the results of pollution likely to be so serious. For when the
germs of disease get into milk, they multiply with appalling rapidity and
they go directly into the diet of those who have the least power to withstand
infection, the children and invalids of the community.
From its source on the farms milk passes through The danger of
several hands before reaching the consumer, and at each pollution.
of these points may be contaminated. Careless milking, the storing of milk
in unsanitary places or in unclean utensils, the lack of adequate precautions
in transporting or delivering the milk—any of these things may result in
pollution. Strict rules and frequent inspection help to safeguard the milk
supply at the source and during its journey to the consumer, but the problem
of careful inspection is rendered difficult by the fact that the milk supplies
of large cities are now drawn from a wide area outside the municipal limits.
New York City, for example, obtains its supply of nearly two million quarts
per day from about forty-five thousand farms scattered throughout eight
different states.
It is easy to appreciate the difficulties involved in the Milk and the infant
supervision of the milk supply under such conditions. death rate.

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Nevertheless, this supervision is being carried on in all large communities
and it has resulted in a marked lowering of the infant death rate. Infant
mortality and the milk supply are closely related, in fact it can fairly be said
that the rate of the one depends in a large measure upon the purity of the
other. The establishment of milk-distribution stations in large cities has
been of considerable value in enabling the people of the crowded sections
to obtain pure milk at reasonable prices.
The Inspection of Food.—The marketing of impure or adulterated food
is everywhere forbidden by the laws and the health regulations, but until
comparatively recent years these rules were not always strictly enforced.
One reason for this is to be found in the fact that many articles of food are
subjects of interstate commerce, produced in one state to be sold in another,
and hence are not easily made amenable to local control. In 1906, however,
Congress passed a comprehensive law known as the The Food and Drugs
Food and Drugs Act, by the terms of which the national Act, 1906.
government assumed the duty of eliminating impure food from general
commerce. This act prohibited the adulteration of food and drugs; it made
provision for the inspection of meats at the great packing plants; it required
that all packages of food and drugs shall be branded correctly and that when
artificial preservatives are used, the label shall state the fact. All impure,
adulterated, or wrongly-branded articles are excluded from interstate
commerce under the provisions of this law.
The supervision of the national government does not State inspection of
extend, however, to articles of food which are food.
produced, distributed, and sold within the territory of a single state. As
regards such articles, the task of protecting the public against impurity and
adulteration rests with the state and local health officers. These officers
perform their work by frequent inspection at places where food is produced
and sold. Makers and vendors of impure or adulterated foods are prosecuted
in the ordinary courts.
The Drug Evil.—The indiscriminate and unchecked sale of narcotic
drugs (morphine, opium, etc.) in past years led to serious evils. Persons who
regularly use any of these narcotic drugs become slaves to the habit; they
are unable to get along without daily use of them, and in the end become
physical wrecks. The drug habit became, a few years ago, such a
widespread public evil that the national government took the manufacture
and sale of these narcotics under its own supervision. Such drugs cannot

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now be bought or sold except under strict regulations which involve the
written request of a qualified physician. Nevertheless a good deal of trade in
narcotics is still carried on through illicit channels.
Prohibition of the Liquor Traffic.—The relation of Prohibition as a health
the liquor traffic to the public health is a matter upon measure.
which men have not entirely agreed; but it is a well-recognized fact that the
general use of intoxicating liquors led in many cases to poverty, and poverty
in turn brought under-nourishment and disease in its train. The action of the
states in adopting the Eighteenth Amendment, by which the manufacture,
transportation, and sale of all intoxicants is forbidden, may therefore be
looked upon as a step which, in the long run, will conduce to the betterment
of the public health. The excessive use of alcohol impaired the physical
vigor of many thousands among the population and rendered them less
capable of resisting disease. The statistics of hospitals during the period that
has intervened since prohibition went into effect show that, from a health
standpoint, the Eighteenth Amendment has had a beneficial effect.
Waste Disposal and Sewerage.—Every community produces each day a
large amount of waste which must be collected and disposed of in a sanitary
manner if the interests of the public health are to be fully protected. Some
of this waste contains little or no element of danger—ashes, waste paper,
and rubbish of all sorts, for example. The removal of this material is a
matter of public convenience rather than of public health protection. As a
rule it is drawn away and either used for filling marsh land or incinerated.
Another form of waste is garbage, which includes the Garbage.
discarded material from markets, bakeries, hotels, restaurants, and private
dwellings. This garbage decomposes quickly and must be gathered at
frequent intervals. In some communities the garbage is disposed of by
incineration; in others it is sold to farmers for feeding swine; a few cities
utilize it in reduction plants, where the grease and oil is extracted for
commercial use.
Sewage, which includes both surface water and the Sewage.
liquid waste from places of human abode, is by far the most dangerous
waste of all. Although it is more than ninety-nine per cent water, every
ounce contains the possibility of spreading disease. Older methods of
This effluvia, which passes through the sewers and disposal.
drains, was at one time everywhere disposed of by turning it into the ocean,
lakes, or rivers. Even yet many cities of the United States get rid of their

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sewage in that way. The method is not objectionable in the case of ocean
discharge, provided the outfall sewer is carried a sufficient distance from
the shore, although even in such cases some of the sewage may be borne
landward by the incoming tides to pollute the shellfish beds and the
beaches. The sewage of many cities along the Great Lakes is discharged
into these extensive bodies of fresh water where the amount of dilution is so
great that no serious harm results, provided no water for human
consumption is drawn from the immediate neighborhood of the discharge
points. The time will doubtless come, however, when the increasing volume
of sewage will compel these cities to adopt other methods of disposal. The
discharge of untreated sewage into rivers and small streams is now
generally regarded as a public nuisance, and the abandonment of the
practice is being required by the laws wherever practicable. Many cities,
however, yet resort to this method.
Modern, scientific methods of sewage disposal have Modern sewage
taken several different forms. A common plan is to systems.
conduct the sewage into huge reservoirs, basins, or tanks, where the solids
are allowed to settle and form a sludge while the liquid is run off into the
ocean or a lake or a river. The settling process is sometimes hastened by the
use of chemicals. This does not free the waterways from danger but it is a
good deal less objectionable than the practice of turning untreated sewage
into them. Some cities pump the sewage upon filter beds (tracts of land
which have been dug out and filled with slag or other porous substances). A
few use their sewage for the irrigation of dry farming lands. No particular
plan of sewage disposal can be regarded as the best under all circumstances.
Local conditions differ from one community to another, and each case
requires special study. Ordinarily a large town or city will produce nearly
two hundred gallons of sewage per day for every man, woman, and child in
its population. This means an enormous total in the course of a year and the
problem of handling it safely, without excessive expense, is often a difficult
one. It may well be repeated, however, that so far as the public health is
concerned, sewage is the most dangerous substance known to man, and its
safe disposal is one of the most important problems of the government in
every civilized community.
The Protection of the Public Water Supply.—The great importance of
an adequate and safe water supply is something which hardly requires a
long argument. In the rural districts and in small villages the neighboring

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wells and springs may be utilized, but in large communities, especially
those having numerous industries, a public supply must be provided. It is
customarily figured that large towns and cities require How much water is
approximately and on the average one hundred gallons needed?
of water per capita every day in the year. Half-a-ton of water per day per
person! What is done with it all? Not all of it, of course, is used for human
consumption. By far the greater part is utilized for public, industrial, and
general sanitary purposes. Sprinkling parks and lawns, putting out fires,
flushing sewers—all these activities require large amounts of water.
Factories, laundries, railroads, and other such establishments make heavy
demands on the total supply. So does the modern sanitary equipment which
is now being installed almost everywhere in hotels, stores, and houses. The
amount of water required for human consumption is very small compared
with the quantities used in these other ways.
The first essential of a satisfactory water supply, therefore, is that it be
adequate, which means that large cities must often go a long distance in
order to obtain water in sufficient quantities. New York Sources of supply.
City derives a large part of its water from the Catskill Mountains; Los
Angeles brings its entire supply from the Sierra Nevadas, more than two
hundred and fifty miles away.[256] Many other cities obtain their water close
at hand: Chicago, for example, draws from Lake Michigan, and Cleveland
from Lake Erie. Adequacy, however, is not the only consideration. For use
in the industries, water must be clear in color and not too hard. When it is
turbid or hard, it has to be clarified and softened by storage and the use of
chemicals. The relative purity of the water, its freedom from pollution, is
the most important consideration of all.
There are various ways of making sure that water is The treatment of
fit for human consumption. One way is to secure the water for human use.
supply from a source which is by nature free from pollution, from deep-
driven wells or from mountain lakes which are above the level of probable
contamination. Water supplies drawn from very large bodies of water, like
the Great Lakes, are normally safe enough if the intake is set far out from
shore, because the diluting power of these vast water areas is sufficient to
render harmless even a considerable amount of pollution by sewage
discharge. Where a water supply of sufficient natural purity cannot be had
within reasonable distance the only safe plan is to subject the water to such
length of storage, or to such mechanical or chemical treatment as will

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ensure its fitness for use. The storage of water in a reservoir, exposed to the
light and air, will render it safe, under normal conditions. The length of time
required for this purpose will depend, of course, upon the quality of the
water which is put into the reservoir. A period of three months is ordinarily
regarded as sufficient where the raw water has not been badly
contaminated. The mechanical treatment of water is commonly known as
filtration, and there are several forms of public water-filtration plants now
in use by American cities. The simplest is the system of slow sand filters in
which the water is treated by allowing it to percolate slowly through a bed
of sand and crushed stone, thereby becoming rid of noxious bacteria. A
more complicated method involves the use of rapid sand filters in which the
raw water is forced through filterbeds of crushed stone under pressure.[257]
Smoke Abatement.—Pure air is another essential to the maintenance of
the public health. Rural parts of the country encounter no difficulty on this
score, but the larger cities are now finding it necessary to protect the air
which their citizens have to breathe. In these days of smoke-belching
industry, the very atmosphere of the large city is laden with a menace to
health and cleanliness. An investigation made in New York some years ago
disclosed the fact that sulphur dioxide (a poisonous gas) was being
discharged into the air by the smokestacks and chimneys of the city at an
appalling rate. The elementary student of chemistry can well testify that
SO2 is not a substance that human beings thrive upon. And apart from the
menace to health there is the heavy damage done by soot-laden atmosphere
to the furnishings of houses and the contents of shops. Hence the agitation
in the large cities for an abatement of this smoke nuisance and the
establishment of regulations which now, in many places, require the use of
mechanical smoke consumers by all large industries. The enforcement of
this requirement is not at all difficult, because any violation is visible to the
naked eye.
The Housing of the People.—By the homes of a Overcrowding and
town or city you may judge its people. The proper disease.
housing of the population has a close relation to many things, but to none is
this relation closer than to the public health. When the people are herded
together in tenements, with dark and narrow hallways, with rooms badly
ventilated and often without sunlight, we have a fertile soil for the spread of
tuberculosis. More than ten thousand persons die each year in the tenement
districts of New York City from the Great White Plague alone. The children

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who grow up in congested quarters, moreover, go out into the world
handicapped in both body and soul. Their powers of resistance to disease
are often seriously impaired by the crowding, poor ventilation, and lack of
proper sanitary arrangements. An investigation of housing conditions made
in New York City over twenty years ago led to the enactment of a
comprehensive Tenement House Law (1901) in order to prevent
overcrowding, and the main provisions of this law have since been copied
by most of the larger cities of the country.[258]
In some European cities, notably Glasgow and Housing experiments
London, many municipal tenements have been erected. abroad.
Crowded slums have been demolished and model houses, each
accommodating one or more families, have been erected in their place by
the use of public money. These tenements are then rented to workers at
reasonable rates. This plan has not yet been tried on any large scale in the
United States nor would it be likely to prove very satisfactory so long as
city administration, in all its branches, is conducted so wastefully as it is in
America today. During the World War, however, the federal government
built many hundreds of workmen’s dwellings in different parts of the
country, particularly in the neighborhood of the great shipbuilding plants.
After the war they were sold to private buyers.
It is often urged that instead of building model tenements in crowded
sections, the authorities of large cities ought to promote the growth of
suburbs by giving them good transportation facilities, and by promptly
supplying these suburban districts with sewers, water supply, gas,
electricity, and paved roads. People who go to the suburbs not only have
more room, but they are much more likely in the course of time, to own
their homes. Home-owning is a practice which ought to The importance of
be encouraged, not only for reasons of health and owning a home.
recreation, but to steady the political temper of the people as well. The man
who owns a piece of the earth’s surface, with a house on it that he calls his
home, is not often a believer in violence or revolution. A great deal of
honest sentiment clusters about the American home, but very little can ever
attach to three or four rooms in a tenement house.
Other Measures of Public Health Protection.—The foregoing list does
not exhaust the various measures taken by the authorities of the nation,
state, and city for the protection of the public health. The laws and
regulations which now prohibit the use of public drinking-cups on trains, in

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schools, and in other public places may be mentioned. The common cup has
been, in the past, an active spreader of infection. Its use ought to be
forbidden everywhere. Measures for the elimination of mosquitoes and
house-flies have been taken by all the more progressive states and cities
with aid at many points from the national government. The statement has
been made, upon what seems to be good authority, that mosquitoes, flies,
and other insect pests are directly or indirectly responsible for a hundred
thousand deaths in the United States every year. Whatever their number,
these deaths are preventable, because a diligent campaign will suffice to
banish both flies and mosquitoes from any part of the country. The medical
inspection of children in the schools is another health measure of great
importance. In many of the larger cities this inspection includes all school
children, of whatever age, and is made at frequent intervals. It permits the
early detection of symptoms and thus allows remedies to be applied
promptly. It has done a great deal to protect the schools against the frequent
outbreak of epidemics.
How Health Measures are Enforced.—The duty of enforcing measures
for the protection of the public health rests first of all upon the local health
officers. The laws of most states now require that a Local boards of
board of health or some similar authority shall be health.
maintained in every township, village, town, and city. One of the members
of this board of health must usually be a physician. In large towns and cities
a qualified health officer, who is always a physician, is employed on part
time or full time. The local boards of health and the health officers have
charge of quarantine and disinfection, the inspection of food and milk, and
the enforcement of sanitary regulations. They also grant permits for the
maintenance of slaughter-houses and other establishments which have a
direct or indirect relation to the public health.
In practically all the states, moreover, there is a State State health officers.
Department of Health. This department is usually under the supervision of a
State Board of Health, but in a few states a single health commissioner has
been placed in charge. The powers and duties of these state departments
vary a good deal throughout the country, but in a general way they assist the
local health authorities, especially when an epidemic threatens to spread
beyond local control. A good deal of their work is advisory in character.
The United States Public Health Service was The United States
established in 1912, although health work had been Public Health Service

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carried on by the national government through other agencies prior to that
date. It is, rather strangely, a bureau of the Treasury Department. The Public
Health Service has charge of the port quarantine system; its assistance may
be obtained by the states at any time in coping with epidemics; and it
maintains well-equipped research laboratories for the study of all questions
affecting the public health. It is believed by many physicians that the work
of this bureau is so important that it ought to be made a regular department
of the national administration with a member of the cabinet at its head.[259]
Education and the Public Health.—The basis of What the schools can
successful public health work is the education of people do.
in hygiene and sanitation. If the people can be brought to realize the
transcendent importance of the work, their co-operation will be given
cheerfully. Where the health regulations are now disobeyed it is largely
because their value to the individual, as well as to the community, has not
been made clear. An effective method of educating the public is by means
of health exhibits which demonstrate, with the aid of pictures, especially
motion pictures, the value of proper hygienic conditions in the workshop
and the home. But the ultimate education of the whole people in this field,
as in all others, must be primarily the work of the schools. It is easier to
teach hygiene and sanitation to children than to grown-ups. Adults have
acquired habits of life and attitudes of mind which are hard to alter. Hence
the education of children in all that relates to clean living, wholesome food,
modern sanitation, and the avoidance of disease should be part of the
regular work in schools throughout the country. Upon this will depend, in
no small degree, the future physical well-being of the nation.
General References
H. G. James, Municipal Functions, pp. 68-92;
Hollis Godfrey, The Health of the City, especially pp. 1-29;
W. H. Allen, Civics and Health, pp. 3-32;
Cyclopedia of American Government, see under Health, Contagious Diseases, Quarantine,
Tenement House Regulation, etc.;
W. B. Munro, Principles and Methods of Municipal Administration, pp. 122-166 (Water Supply);
pp. 167-210 (Sewerage and Sanitation);
H. B. Wood, Sanitation Practically Applied, especially pp. 205-232 (Pure Foods); pp. 233-277
(Clean Milk);
Irving Fisher and L. B. Fisk, How to Live, pp. 119-168;
Walter Camp, Keeping Fit All the Way, pp. 3-41;
Charles Baskerville, Municipal Chemistry, pp. 1-19;
Milton J. Rosenau, Preventive Medicine and Hygiene, pp. 716-745;
W. T. Sedgwick, Principles of Sanitary Science and the Public Health, pp. 89-107;

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E. B. Hoag and L. M. Terman, Health Work in the Schools, pp. 133-191.

Group Problems
1. How can the spread of communicable diseases be prevented? Are the vital statistics of your
community carefully and promptly compiled? The local health authorities,—who are they and what
are their functions? What control is exercised over the agencies which spread disease? Examine the
status of each in your own community. References: Milton J. Rosenau, Preventive Medicine and
Hygiene, pp. 134-158; H. B. Wood, Sanitation Practically Applied, pp. 66-152; Woods Hutchinson,
Preventable Diseases, pp. 83-122; Hollis Godfrey, The Health of the City, pp. 158-193; G. C.
Whipple, State Sanitation, Vol. I, pp. 88-112; see also the United States Public Health Service,
Reprints on the Notifiable Diseases, and the reports of the state and local Boards of Health.
2. Public water supplies. References: W. B. Munro, Principles and Methods of Municipal
Administration, pp. 122-166; H. G. James, Municipal Functions, pp. 217-227; H. B. Wood,
Sanitation Practically Applied, pp. 278-337; Allen Hazen, Clean Water and How to Get It, 2d ed.,
pp. 73-99; Charles Baskerville, Municipal Chemistry, pp. 33-89; F. E. Turneaure and H. L.
Russell, Public Water Supplies, pp. 141-172.
3. Modern methods of sewage disposal. References: W. B. Munro, Principles and Methods of
Municipal Administration, pp. 183-210; H. G. James, Municipal Functions, pp. 227-237; H. B.
Wood, Sanitation Practically Applied, pp. 338-378; John A. Fairlie, Municipal Administration, pp.
245-255; Charles Baskerville, Municipal Chemistry, pp. 276-299; W. P. Capes and J. D.
Carpenter, Municipal Housecleaning, pp. 33-89; G. W. Fuller, Sewage Disposal, pp. 175-183;
Leonard Metcalf and H. P. Eddy, American Sewerage Practice, Vol. II, pp. 78-127; A. P. Folwell,
Sewerage, pp. 300-332; L. P. Kinnicut, C. A. E. Winslow, and A. W. Pratt, Sewage Disposal, pp.
204-232.
4. The milk question. References: Charles Baskerville, Municipal Chemistry, pp. 90-118; H.
B. Wood, Sanitation Practically Applied, pp. 233-277; Hollis Godfrey, The Health of the City, pp.
30-57; M. J. Rosenau, The Milk Question, pp. 1-22; J. S. MacNutt, The Modern Milk Problem, pp.
1-30; H. N. Parker, City Milk Supply, pp. 28-90; G. C. Whipple, Typhoid Fever, pp. 41-91.
5. Housing in its relation to public health. References: Hollis Godfrey, The Health of the City,
pp. 302-345; F. C. Howe, The Modern City and Its Problems, pp. 273-288; Jacob A. Riis, How the
Other Half Lives, pp. 7-27; Lawrence Veiller, Housing Reform, pp. 3-46.

Short Studies
1. The germ theory of disease. C. V. Chapin, The Sources and Modes of Infection, pp. 1-38; C. B.
Morrey, The Fundamentals of Bacteriology, pp. 18-31.
2. Typhoid fever. Illinois State Board of Health, Typhoid Fever: Its Cause, Prevention, and
Suppression, pp. 2-17.
3. Insects and disease. H. B. Wood, Sanitation Practically Applied, pp. 420-444.
4. Vital statistics. Ibid., pp. 25-65; G. C. Whipple, Vital Statistics, pp. 308-337.
5. Sources of water supply. W. B. Munro, Principles and Methods of Municipal Administration,
pp. 122-142.
6. The disposal of garbage. Ibid., pp. 167-183.
7. The inspection of food. H. B. Wood, Sanitation Practically Applied, pp. 205-232.
8. The smoke nuisance. Hollis Godfrey, The Health of the City, pp. 1-8. (See also United States
Bureau of Mines, Bulletin, No. 49.)
9. Tenement-house reform. C. A. Beard, American City Government, pp. 287-310.
10. Municipal housing abroad. Hollis Godfrey, The Health of the City, pp. 263-301; F. C.
Howe, The Modern City and Its Problems, pp. 284-304.

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11. The work of local health authorities. Moses N. Baker, Municipal Engineering and
Sanitation, pp. 248-258; Henry Bruère, The New City Government, pp. 401-413.
12. Health and education. H. B. Wood, Sanitation Practically Applied, pp. 445-462; F. W. Burks
and J. D. Burks, Health and the School, pp. 73-102; E. B. Hoag and L. M. Terman, Health Work in
the Schools, pp. 1-35.

Questions
1. From your reading of history and literature give some examples of the way diseases were dealt
with in the olden days.
2. What are bacilli? Make a list of the things, beneficial, harmless, and harmful which are due to
their activities.
3. Explain the various ways in which disease may be communicated. How are the following
measures related to the control of communicable diseases: (a) quarantine; (b) the draining of
marshes; (c) the removal of filth; (d) the extermination of rats; (e) the enforcement of regulations to
prevent overcrowding in tenements?
4. What are vital statistics and what is their value? How are they compiled and by what means may
they be improved?
5. Explain what is meant by vaccination. By inoculation. Give some evidence to prove that both
have been effective.
6. Why is milk inspection of supreme importance? In what various ways may milk become
infected? Why should milk be kept in a cool place?
7. Do you understand the following terms: adulteration; artificial preservatives; misbranding;
ptomaine; narcotics?
8. Name the various wastes which the community produces each day and explain how each may be
safely disposed of.
9. In what ways may water be treated so as to make it safe for human consumption?
10. Why and in what way is it necessary to regulate the housing of the people in large cities?
11. What are the duties of the local board of health in your community? The state department of
health?
12. Ought hygiene to be a compulsory study in the public high schools?

Topics for Debate
1. Vaccination should be made compulsory throughout the United States.
2. American cities should construct and maintain municipal tenements.
3. Free medical attendance should be provided at the public expense for all who cannot afford to
pay for it.

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CHAPTER XXVII
POOR-RELIEF, CORRECTION, AND OTHER
WELFARE PROBLEMS

The purpose of this chapter is to describe the way in which American communities are
dealing with the problems of poverty, crime, and delinquency.

Poverty and Pauperism.—Poverty is one of the very oldest among
human problems; two thousand years ago, in Biblical times, the world was
trying to find a solution for it and it has not ceased to try ever since. In all
ages and in all countries there have been groups of unfortunate people who,
through their own fault or the fault of others, are not able to provide for
their own subsistence. It is to the condition of such people, whose earnings
do not enable them to maintain the normal standard of living, that we apply
the term poverty. Not all who are poor, therefore, are in poverty, but only
those who are so poor that their health and physical efficiency are being
impaired by lack of earning power. Some of those who are in poverty
become dependent upon private or public charity, and these we call paupers.
Pauperism, in other words, is a condition of dependence upon the agencies
of poor-relief. Many thousands of persons live in poverty, yet are not
paupers. They struggle along, able only to make the barest sort of living,
and often suffer great privations rather than apply for any form of charity.
The Extent of Poverty and Pauperism in the United States.—There
are no accurate figures showing the extent of poverty in the United States.
The census of 1920 listed nearly a million persons in The number of
charitable institutions of one sort or another, of whom paupers in public
institutions.
about one hundred thousand were paupers in public
almshouses. But this census made no computation of the number receiving
poor-relief in their own homes, which must be several times as large as that
in institutions. It would probably be within bounds to say that five persons
out of every hundred in the United States are partly or wholly dependent

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upon private or public aid. Probably as many more are in a condition of
poverty, but continue to struggle along without assistance from others. We
may say, therefore, that poverty holds about ten per cent of the whole
population in its iron grip; hence it is no exaggeration to speak, as social-
workers often do, of the “submerged tenth”.
Compared with other countries, however, this is not Comparison with
an excessive proportion. In the countries of Europe the Europe.
percentage of paupers is much larger. Poverty is usually more widespread in
thickly-populated regions where there are large groups of industrial
workers. In London it has been estimated that at least thirty per cent of the
people are below the poverty line; in New York City the estimate is twenty-
five per cent. The cities everywhere contribute far more than their due
proportion to the impoverished classes. Poverty is least prevalent, as a rule,
in the agricultural districts.[260]
The Causes of Poverty.—The causes of poverty are numerous and
complicated but they can all be grouped into two general classes: First,
those which are traceable to the individual, and second, those which are
attributable to the environment in which he lives. These we may distinguish
by calling them individual and social causes.
Among the individual causes of poverty the most 1. Individual causes
common are illness, accident, old age, degeneracy, of poverty.
bereavement, intemperance, shiftlessness, and ignorance. Illness is probably
the most important single cause. The figures compiled by poor-relief
organizations show that it is the immediate reason for at least one-quarter of
all the applications which come to them for assistance, and is a contributory
reason in the case of many more. Accidents which result in either temporary
or permanent incapacity to do full work have also been an important cause
of poverty in the past, but they are no longer so to the same extent in those
states which have made provision for workmen’s insurance (see p. 411).
Old age comes to all in time and there are many thousands who make no
provision for its coming. This class includes many who have worked hard
all their lives, have reared families, and have been useful citizens, but who
have been either unable or unwilling to save. In some European countries,
as has been pointed out, provision is made for them by means of old age
pension systems. Bereavement, particularly the loss by death of the family’s
main support, has been a frequent cause of poverty among women and
children. To some extent this has been alleviated by the practice of making

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provision for mothers’ pensions and by the increasing extent to which men
who have dependents are now securing life insurance.
Degeneracy, which is also an important cause of Mental and moral
poverty, may be defined as inherited mental or moral degeneracy.
weakness. Feeble-minded parents often transmit this defect to their
children, who start life with a handicap which they are not usually able to
overcome. It has been estimated that nearly one-half of all the inmates of
public institutions are below the normal standard of mentality. Many years
ago a careful study was made of a certain family—the Jukes—through four
generations, great-grandparents, grandparents, parents, and children.
Among seven hundred persons in this family, beginning with degenerate
great-grandparents, no fewer than five hundred became at some time or
other recipients of public poor-relief. Incidentally, it may be mentioned that
they also contributed far more than their due proportion to the prisons and
insane asylums.
Then, again, some people who are neither mentally Physical handicaps.
nor morally degenerate, are born with physical handicaps or acquire these
handicaps early in life; such, for instance, are the deaf-mutes, the blind, and
the crippled. They are the ones whom we most commonly meet on the
public streets begging or selling trinkets, or playing some sort of instrument
as an excuse for what is really begging. Intemperance, too, has figured
largely among the causes of poverty during many centuries, but so far as the
United States is concerned it is not likely to do so in the future. Alcohol is
one of the important factors in the problem of poverty which can be placed
under control by the action of society. Shiftlessness, ignorance, bad habits,
and vice are all causes of varying importance, but in the main they are only
immediate causes; the underlying causes are usually to be found in some
mental, moral, or physical defect of the individual, or they arise from a poor
environment.
The social causes of poverty are also numerous. 2. The social causes
Unemployment is one of them, and it is in many cases of poverty.
due to no fault of the individual worker. More often it is the outcome of a
serious imperfection in our industrial organization (see p. 417). The
underpayment of the worker, particularly the underpayment of women and
children in industry, has also contributed to the problem of poverty. It
means that the workers are under-nourished and therefore unable to
maintain their normal strength; they are unable to save anything for use in

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case of sickness or old age, and hence have to fall back upon the agencies
of private or public assistance whenever misfortune comes. Minimum wage
laws (see p. 416) aim to protect society from having to pay the penalty
which results, both directly and indirectly, from the underpayment of labor.
Unsanitary conditions of living, bad housing, and overcrowding are causes
of poverty—they are social causes because society creates such conditions
and permits them to continue. Unsanitary conditions lead to illness, and
illness results in unemployment. But they are also, in a sense, the effects of
poverty; they are conditions of life to which, under our present social and
economic organization, the poor are compelled to submit by reason of their
poverty.
Defects in our educational system have been productive of more poverty
than people commonly imagine. It is not without significance that poverty
is always widespread in those countries and those regions where illiteracy
and ignorance are prevalent. Compulsory public education is one of the
greatest measures for the prevention of poverty that the world has ever
devised. While the system of public education in the Relation of the school
United States is exceedingly efficient on the whole, it is system to poverty.
nevertheless true that many thousands of children are growing up without
enough education to ensure them a fair chance of success in life.
Some would also include our immigration policy among the social causes
of poverty. Until recent years these immigrants were permitted to come in
almost unrestricted numbers; they concentrated, for the most part, in large
cities; they contributed to overcrowding and by their competition for labor
forced down the level of wages in unskilled employments. The causes of
poverty, in short, are not all traceable to the faults or misfortunes of the
individual. Society as a whole is responsible for some of them.[261]
How We Deal with the Problem of Poverty.—The public attitude in
regard to the problem of poverty has undergone a marked change during the
past fifty years. For many centuries poverty was looked upon as the result
of human perverseness, the outcome of purely individual causes which were
likely to endure as long as human nature remained the same. It was taken
for granted that the poor would be with us always; that Older methods of
poverty could not be prevented by any action on the dealing with the poor.
part of society, and that the only thing to do was to punish the shiftless
while helping the worthy poor by giving them public and private aid. The
measures for the relief of the poor taken by the governments of various

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European countries and by most American communities until comparatively
recent years were based upon this attitude. Those who could work and
would not were branded as vagrants and put in jail. Those who were in
poverty through sickness, accident, old age, degeneracy, intemperance, or
other individual causes were taken into such institutions as hospitals,
infirmaries, almshouses, homes for inebriates, and the like. The people were
everywhere encouraged to give alms to the poor, but the prevention of
poverty by organized social action received little or no attention.
The public attitude, especially the attitude of the The modern attitude.
more enlightened part of the public, has now changed or is changing. We
know from a careful study of the problem that poverty is no more an
essential concomitant of civilized life than were piracy, slavery, bubonic
plague, or universal drunkenness in years now long gone by. Poverty can be
eradicated as these things have been, although not by any means so easily.
The individual causes of poverty, of course, will always be at work. Old age
will continue to come upon mankind, and we can hardly hope under any
circumstances to get rid of sickness and accidents entirely. But society can
at least bring it about that old age, illness, and accident, not to speak of
unemployment and other social causes, will no longer bring inevitable
poverty in their train. Attention is now being given, therefore, to measures
of prevention; and almsgiving has come to be recognized as a mere
makeshift way of dealing with the problem. It is like trying to put an end to
all diseases and to wipe illness off the face of the earth by merely giving
people medicine after they become sick.
The Temporary Remedies.—The only permanent solution for the
problem of poverty is the removal of the underlying causes. This, however,
cannot be accomplished in a day, and in the meantime various measures of
temporary alleviation must be provided by the public authorities and by
private organizations.
Public provision for the care of the poor takes two Indoor relief.
forms known respectively as indoor and outdoor relief. By indoor relief is
meant the care of the poor in institutions maintained by the state, county, or
city. There was a time when paupers of all types were herded together into
the same poorhouse, but it is now the policy to provide, so far as
practicable, different public institutions for the sick, the mentally defective,
the aged, and the young. Hence, in many states we have hospitals for

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chronic cases, institutions for the feeble-minded, homes for the aged,
institutions for the care of orphans, schools for the blind, and so on.
By outdoor relief is meant the giving of assistance to Outdoor relief.
the poor in their own homes. Many years ago this was the more common
plan of dealing with the problem; it still exists in many American
communities. People who are in need apply to the overseers of the poor or
to some other public authority from whom they receive, after proper
investigation, such assistance in the form of food, clothing, fuel, or
medicine as they may urgently require. Some of the larger cities have
abandoned altogether the giving of outdoor relief at the public expense
because they have found this system open to grave abuses. Unless
administered with great care, it encourages shiftlessness and results in the
expenditure of large amounts from the public funds. The tendency
nowadays is to leave outdoor relief to be provided by private organizations
although some communities still take care of the most urgent cases from the
public funds. These private organizations are sometimes connected with the
churches but more often they are entirely non-sectarian, made up of
generous men and women who give both time and money to the work.
Private outdoor relief often leads to indiscriminate almsgiving, thus
lending encouragement to wastefulness and imposture. People who are too
lazy to earn an honest living apply to various organizations for help and
sometimes obtain it from several of them. To eliminate The organization of
this overlapping central bodies known as Charity relief agencies.
Organization Societies, or Associated Charities, or Family Welfare Societies
have been formed in many of the larger American communities. Their
function is to serve as a clearing house of information concerning all
applicants for assistance and in other ways to make the work of the
individual organizations more efficient.
The Permanent Remedies.—The permanent solution of the problem of
poverty must be sought in comprehensive measures of prevention. Some of
these measures are already being taken in the more progressive states;
others have been proposed and are steadily gaining public support.
Insurance against sickness and accident, minimum Social insurance.
wage laws, mothers’ pensions, are already doing their share in the
prevention of poverty. Old age pensions have been established abroad and
in time will doubtless be provided for the American worker. Insurance
against unemployment may be inadvisable (see p. 418) but the organization

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of industry can be so improved as to reduce the amount of unemployment
now existing. The prohibition of the liquor traffic has Other remedies.
marked an important step in the direction of reducing poverty. Vocational
schools for the deaf, the blind, and the crippled, are now training these
unfortunates in the art of earning their own living. The enforcement of laws
relating to compulsory education will reduce illiteracy and thus decrease the
class from which poverty secures most of its recruits. Present restrictions
upon immigration, if they are continued, will render more easy the
maintenance of American standards of living among those who toil with
their hands. By the segregation of degenerates in public institutions,
moreover, we can prevent the propagation of degeneracy.[262] Overcrowding
and unsanitary conditions of living are being prevented by modern city
planning and good housing laws.
Now it is doubtful whether all of these measures put together will avail to
wipe out poverty entirely, but if they are vigorously applied the amount of
poverty in the United States will certainly be much reduced. There is
always a danger, of course, that laws and regulations The danger of too
designed to promote the well-being of the poor may many remedies.
over-reach themselves, and may result in placing additional burdens upon
the wage-earning classes. Attempts to narrow the gulf between the rich and
the poor by the levying of discriminatory taxes do not usually succeed; in
the end they merely augment the hardships of the poor. It is customary for
sociologists to speak of poverty as a “social disease” and to assure us that
like any other disease it can be eradicated. That is all very true. But diseases
are not eradicated by striking at the heads of healthy people in order that
they may have a smaller advantage over the sick. Neither will the plague of
poverty be cured by measures which strike at the well-to-do for the mere
reason that they are so much better off than the poor. The poor can never be
made rich by the simple expedient of making the rich poorer.
The Problem of the Mentally Defective.—There are various forms of
mental defectiveness, ranging from feeble-mindedness to violent insanity.
The total number of mentally defective persons in the United States is
estimated to exceed half a million. Until relatively recent years no careful
distinction was made between persons afflicted with different forms of
mental trouble; all were treated in much the same way. Old and new methods
The usual plan was to bring them together in large of dealing with the
insane.
asylums where the violently insane were kept under

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close restraint while the “harmless” inmates were given somewhat greater
freedom. This crude method of dealing with unfortunates who needed
medical treatment far more than they needed restraint and confinement has
now been almost everywhere abandoned, and the treatment of mental
defectiveness is being carried on in accordance with more scientific
methods. These scientific methods involve the careful study and diagnosis
of each particular case and the substitution of medical care for mechanical
restraint. In response to this treatment a considerable proportion of the cases
have proved capable of marked improvement, and sometimes entire
recovery. It should be mentioned, however, that some forms of insanity are
not curable by any known form of scientific treatment. A permanent
reduction in the number of mentally-defective persons can best be achieved
by preventing the transmission of hereditary defects, by the proper
treatment of mental ailments as soon as the first symptoms appear, and by
the removal of two things which have contributed greatly to the spread of
insanity in the past, namely, alcoholism and the drug habit.
The Problem of Crime.—A crime is an offence against society. In early
days all offences were regarded as having been committed against
individuals. The person who stole something was looked upon as having
wronged the owner, and the owner was entitled to secure his own redress.
But with the development of organized society there grew up the idea that
the whole community had an interest in the prevention of wrong-doing, and
that wrongs which were ostensibly directed against single individuals were
in reality committed against the whole people. So Evolution of the
society took upon itself the responsibility for making criminal law.
laws to protect the rights of individuals, and for the imposition of
punishment whenever these laws are violated. A crime is an offence against
society because it involves some violation of a law which has been made in
the interest of all. An act may constitute a crime, therefore, without being
morally wrong. It is not morally wrong to park an automobile alongside a
hydrant, but it is in most cities a violation of the law to do so, and
punishable in the courts. The courts enforce the law whatever it is.
The Classification of Crimes.—It was formerly the custom to classify
all crimes as treasons, felonies, or misdemeanors. A treason was an attempt
to overthrow the state by rebellion or otherwise; a felony was a serious
offence against persons or property, such as murder or burglary; while the
term misdemeanor was used to include all the less serious violations of the

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law, such as selling milk without a license or disregarding a sign to keep off
the grass in the public parks. Nowadays, however, a more elaborate
grouping of crimes is usually made. This grouping The various types of
usually includes (a) offences against the public peace offences.
and order, such as treason, rioting, and any obstruction of the officers of the
law; (b) offences against the public health and morals, such as bigamy,
gambling, the sale of intoxicants, or the pollution of public water supplies;
(c) offences against the person, such as murder, manslaughter, or assault;
and (d) offences against property, including burglary, theft, fraud, and so on.
This list of offences does not include such things as breaches of contract,
libel, and failure to pay debts, for these are not crimes but torts or civil
wrongs. They are still regarded as offences against individuals and not
against society. The aggrieved individual brings his own suit in the courts,
and the courts merely act as arbiters to see that justice is done between man
and man.
The Causes of Crime.—The causes of crime, like those of poverty, are
both individual and social. Men sometimes take to 1. Individual causes
wrongdoing because they are mentally or morally of crime.
defective, having inherited traits of degeneracy. Handicapped by these
defects in making an honest living they often resort to crime at an early age.
Bad training in the home, habits of truancy acquired during school age, and
aversion to work are all individual causes which promote criminality. The
social causes include poverty, the influence of bad 2. Social causes of
companions, the lack of efficiency on the part of police crime.
in cities, the undue leniency of the courts in some cases, and the difficulty
which even honest men sometimes encounter in obeying the host of laws
which our lawmakers are turning out every year. It is significant that crimes
against property, such as burglary and theft become less frequent when the
country is prosperous and more numerous in times of depression when so
many persons are out of employment. Among illiterates the proportion of
offenders against the law is very high, so that the failure to enforce rigidly
the laws relating to school attendance must also be set down as one of the
social causes of criminality.
The Extent of Crime in the United States.—More than half a million
persons are sent to jails or reformatories in the United States every year.
The number of those who are let off with the payment of fines is much
larger. Even these two figures put together do not give us the number of

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crimes committed, however, for it is probable that the majority of crimes do
not result in the detection of the guilty person, and many minor crimes are
not reported to the police at all. The cost of maintaining police systems for
the prevention of crime, courts for the trial of accused persons, and prisons
for the incarceration of the convicted, is about a billion dollars per year, or
about as much as the country spends upon education.
Whether the number of crimes, taking the country as Are crimes on the
a whole, is increasing more rapidly than the growth of increase?
population we do not know. This is because the figures in some states are
not carefully or uniformly kept. But crime has been increasing in the large
cities during the past few decades. This is partly because the crowded cities
afford unusual opportunities to escape detection and partly because police
inefficiency or corruption has encouraged the commission of crimes with
impunity. The number of crimes committed in the United States is much
greater, in proportion to population, than in any of the chief European
countries.[263]
The Theory of Punishment.—Among primitive people punishment was
regarded as a retaliation or vengeance, but as civilization developed this
notion gave way to one in which punishment was looked upon as a means
of warning other people from committing similar crimes. In either case the
feeling was that punishment ought to be severe. The old severity.
Severity, rather than certainty of punishment was depended upon to deter
people from committing crimes. A century ago in England, for example,
men were put to death for stealing small sums of money and were sent to
jail for long terms when they failed to pay their debts. But even this severity
of punishment did not achieve the desired end, for crimes were relatively
more numerous in England a century ago than they are today.
In due course the public intelligence was led to the What is the purpose
conclusion that certainty of detection and punishment, of punishment?
rather than severity, was the best way of securing the observance of the
laws.[264] Since the prime object of punishment is neither to visit the wrath
of society upon the offender, nor yet to reform him (although this is an
incidental object), but to protect the people against the commission of
crimes, it follows that the penalty should be no more severe than is
necessary to achieve this object. Hence there are gradations of punishment,
each adjusted to the degree in which the offence constitutes a challenge to
the well-being of society. If murder is more severely penalized than

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manslaughter, it is not because the victim suffers more in one case than in
the other. He has lost his life in either case, and no penalty can restore it. It
is not the atrociousness of a crime that makes it serious, but the degree of
danger to the whole community involved.
Prisons and Prison Reform.—Until a generation ago the treatment of
prisoners in all parts of the country was inhuman. Offenders of all types, old
and young, were thrown together into the same institutions. They were
brutally treated by those in charge, confined in narrow, damp cells, given
poor food to eat and rarely set to work at any useful employment. Even yet
these conditions have not wholly disappeared from every part of the United
States. But the movement for the reform of prisons and prison methods has
made notable progress during the past twenty years.
The main features in prison reform may be briefly The main features of
prison reform:
stated. First, in point of importance, 1. Classification of
is the classifying of prisoners and prisoners.
the sending of each class to a special institution instead of herding them all
together in one county jail. Some prisoners are hardened criminals and not
easy to reform. Others are first offenders, persons who have never been
previously convicted. With humane treatment and the opportunity to learn a
trade these prisoners can often be sent out into the world, when their terms
expire, with the likelihood of their becoming good citizens. There are others
who also need to be segregated, such as juvenile offenders and those who
are mentally defective. Prison reform involves the separation and special
treatment of each class.

Page 448

JUSTICE AND MERCY. By A. R. Willett

Copyright by A. R. Willett. Reproduced by permission of the County
Commissioners, Mahoning County, Ohio, from a photograph by the
Youngstown Art Engraving Company.

JUSTICE AND MERCY

By A. R. Willett
From a mural decoration in the Mahoning County Court
House, Youngstown, Ohio.
There is enough realism in this picture to obviate the need
of much interpretation. The prosecuting attorney, with the
book of the law in his hand, asks that judgment be given. He
is in no angry mood, but is merely performing a stern duty.
To the right, a wife and mother pleads that justice be
tempered with mercy.

“And earthly power doth then show likest God’s,
When mercy seasons justice.”
—The Merchant of Venice.

Page 449

Another feature of prison reform is the humanizing 2. The new discipline.
of discipline. It has been the general custom in prisons to punish any serious
breach of the rules by placing the offender in solitary confinement for days
or even weeks. Better results are now being obtained by giving privileges to
those prisoners who behave properly and taking these privileges away from
all who do not. This plan involves the grading of prisoners according to
their conduct, the best-behaved men being placed in the first class and
allowed various privileges. A system of marks and demerits is used to
determine the grade of each prisoner. Solitary confinement is reserved for
the incorrigibles only.[265]
Along with the system of classifying and grading 3. Internal reforms.
prisoners, a general betterment of internal prison conditions has been taking
place. It is now generally recognized that all prisoners should be kept
employed at useful labor, that wherever practicable those who have not
already learned a trade should be taught one during their prison terms, that
those who are illiterate should learn to read and write, that the labor of
prisoners should not be farmed out to employers as has so often been the
case in the past, that prisoners should not be subjected to unnecessary
humiliation, and that they should be given such measure of self-government
as can be safely entrusted to them. Outdoor employment on state farms and
state roads is replacing, to a considerable extent, the activities of the prison
workshop.
Indeterminate Sentences and the Parole System.—Two marked
improvements in correctional methods have been introduced by the use of
indeterminate sentences and releases on parole. The old plan was to
sentence every prisoner for a fixed term, two years, ten years, or some such
period. The convict then served out his full term, no more and no less,
irrespective of his behavior. This plan is now being abolished. Instead it is
becoming the general practice to make the sentences indeterminate, as for
example, not less than two nor more than five years. By good behavior the
prisoner is then enabled to secure his release when the minimum period has
expired. This method is particularly desirable in the case of young offenders
who are sent to reformatories. The parole system is also used as a means of
encouraging good behavior and reformation on the part of prisoners. Where
this system is in operation the prison officials are permitted to release
prisoners, even before their minimum terms have expired, upon promise to
give society no further trouble. If the paroled prisoner should violate this

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promise, he is brought back to finish his term. It has been found that very
few paroled prisoners fail to keep their promises.
The Probation System.—The number of persons committed to prison
has been considerably reduced by the use of probation. In the case of first
offences, where the crime is not serious, it is now the usual practice in many
courts to place the offender on probation for a given period. This means that
instead of being taken to jail he is placed under the surveillance of a
probation officer. These probation officers are attached to the courts; their
duty is to help probationers, keep a watchful eye on them, and report from
time to time how they are getting along.[266]
The Problem of Juvenile Delinquency.—Great progress has been made
during the past twenty-five years in the treatment of juvenile offenders.
Persons under eighteen years of age were formerly dealt with by the regular
criminal tribunals; in many of the larger cities they are now brought before
a special Juvenile Court. Where such courts do not exist it is the usual
practice to have juvenile cases brought before the regular court at a special
session. The offenders, in serious cases, are usually sent to reform schools
or other institutions where vocational instruction is given. For minor
offences, particularly where there is no previous record of appearance in the
juvenile court, the offender is placed in charge of a probation officer. The
purpose of the probation system is to secure the reformation of the
offenders, not to enforce punishment.[267]
The Divorce Problem.—The steady increase in the Why divorces are
number of divorces has tended to make juvenile becoming common.
more

delinquency more difficult to handle; in other respects
also it constitutes a social problem of the first magnitude.[268] Several
economic and social changes have tended to make divorces more common.
The development of industry is one of them. Before modern industry
afforded employment for women, the household was almost the sole center
of feminine activity. But under present economic conditions most women
find no great difficulty in earning their own living and this has engendered a
feeling of self-reliance. Mention may likewise be made of the fact that the
rights and privileges of women have been more strongly stressed by law
and custom during recent years. Women have been given the legal right to
own property, to vote, and to hold office. These things have helped to
develop a spirit of independence. Social conditions have also changed. In
the old days men who divorced their wives and women who divorced their

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husbands were frowned upon by their neighbors, but this weapon of social
ostracism has been gradually losing its power because society has come to
recognize the justice of granting divorces for adequate reasons.
How May the Situation be Remedied?—In seeking Can the causes of
a remedy for any political, social, or economic evil we divorces be reduced?
must first turn to the causes. The increase in the number of divorces has
been due in considerable measure, as already pointed out, to the growth of
industrial opportunities for women and to the readiness with which society
tolerates the granting of divorces. It is also due, in some degree, to the
conditions of life in large cities where the nervous strain caused by over-
crowding makes it more difficult to meet the complex domestic problems
patiently. It is significant that divorces are much more common in the large
cities than in the rural districts. In part it is due also to the lax divorce laws
of some states, where the courts are permitted to grant divorces on the
flimsiest pretexts, and to the absence of sufficiently strict regulations
designed to prevent hasty marriages.
Some of these causes are hard to remedy. The Some specific
economic independence of women is a new condition remedies.
which cannot be changed. Some progress has been made in various cities of
the country by the establishment of special tribunals known as Courts of
Domestic Relations whose function it is to adjust family quarrels. These
courts have proved their value by keeping many cases out of the divorce
courts. It has been suggested that we ought to amend the national
constitution so as to provide that no divorces shall be granted except by the
federal courts. This would make the rules uniform throughout the United
States and prevent the securing of divorces on trivial grounds. A proposal
for such an amendment is now being considered by Congress. Meanwhile
some of the states have come to the conclusion that a check should be
placed upon hasty marriages and have consequently made laws requiring
that persons intending to be married shall file notice of their intention a
certain number of days before the marriage takes place. These various
remedies are good enough so far as they go, but the only permanent and
effective remedy is the education of public opinion to a point where it will
use its influence to check the stream of divorces. Social ostracism is a
powerful weapon in the hands of any community that wishes to use it. The
immediate need is to educate the American people in the homes, in the

Page 452

schools, and in the churches, so that they may appreciate the gravity of the
problem and insist upon its being properly solved.
General References
E. T. Towne, Social Problems, pp. 285-307 (Poor Relief); pp. 184-207 (Mental Defectives); pp.
208-234 (Crime and Correction);
H. R. Burch and S. H. Patterson, American Social Problems, pp. 200-250 (Poor Relief); pp. 271-
288 (Mental Defectives); pp. 237-270 (Crime and Correction);
Charles A. Ellwood, Sociology and Modern Social Problems, pp. 299-325 (Poor Relief); pp.
326-353 (Crime and Correction);
A. G. Warner, American Charities, especially pp. 36-63;
C. R. Henderson, Dependent, Defective, and Delinquent Classes, especially pp. 1-39;
F. H. Wines, Punishment and Reformation, especially pp. 121-132 (The Reformation of the
Criminal);
Maurice Parmelee, Poverty and Social Progress, pp. 168-187.

Group Problems
1. The causes of poverty and how we may get rid of them. Relative importance of the various
causes in your own state and community. Analyze each of these causes and ascertain what measures
have been taken to deal with each. Study the experience of foreign countries with old-age pensions
and unemployment allowances. Note the effect, if any, of workmen’s insurance, mothers’ pensions,
and minimum wage laws in various American states. Suggest further steps for removing the
fundamental causes of poverty. References: E. T. Towne, Social Problems, pp. 290-301; H. R.
Burch and S. H. Patterson, American Social Problems, pp. 205-216; E. T. Devine, Misery and its
Causes, pp. 1-50; Robert Hunter, Poverty, pp. 1-65; W. H. Dawson, Social Insurance, passim.
2. The care of dependent children. References: A. G. Warner, American Charities, pp. 220-
228; C. R. Henderson, Dependent, Defective, and Delinquent Classes, pp. 98-120; G. B. Mangold,
Child Problems, pp. 293-345.
3. Prison reform: how far should it be carried? References: E. H. Wines, Punishment and
Reformation, pp. 312-363; T. M. Osborne, Within Prison Walls, pp. 24-58; Ibid., Society and
Prisons, pp. 185-235; C. R. Henderson, The Dependent, Defective, and Delinquent Classes, pp. 276-
307.
4. The divorce problem in its social and economic aspects. Early history of the problem. The
spread of divorce in the United States. Comparison with other countries. Causes of divorce. Relative
importance of these causes. Effects on family organization. Effects upon the children concerned.
Economic results of divorce. The possible remedies. Probable effectiveness of these remedies.
Conclusions. References: C. A. Ellwood, Sociology and Modern Social Problems, pp. 147-166; W.
F. Willcox, The Divorce Problem, passim; J. P. Lichtenberger, Divorce; A study in social causation
(Columbia University Studies in History, Economics, and Public Law, Vol. XXXV, No. 3, pp. 52-96,
151-171); J. Q. Dealey, The Family in its Sociological Aspects, pp. 73-108; United States Bureau of
the Census, Report for 1910 (See Abstract, Sections on Marital Conditions); H. Bosanquet, The
Family, pp. 260-314; W. Goodsell, The Family as a Social and Educational Institution, pp. 456-496.

Short Studies
1. The treatment of the poor in earlier days. Thomas Mackay, Public Relief of the Poor, pp. 35-
68.
2. Unemployment as a cause of poverty. E. T. Devine, Misery and its Causes, pp. 113-146.
3. Old-age pensions abroad. W. H. Dawson, Social Insurance in Germany, pp. 1-21.

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4. The problem of the deaf and the blind. E. T. Towne, Social Problems, pp. 161-181.
5. Poor relief organizations in the United States. C. R. Henderson, Modern Methods of Charity,
pp. 380-451.
6. The problem of the mental defectives. H. R. Burch and S. H. Patterson, American Social
Problems, pp. 271-288.
7. Theories of crime and punishment. T. N. Carver, Sociology and Social Progress, pp. 654-
673.
8. The work of Jeremy Bentham. A. V. Dicey, The Relation Between Law and Public Opinion in
England, pp. 167-209.
9. Prison self-government. F. H. Wines, Punishment and Reformation, pp. 364-412.
10. Fundamental factors in the prevention of crime. F. H. Wines, Punishment and Reformation,
pp. 413-461.
11. Juvenile courts. Bernard Flexner and R. N. Baldwin, Juvenile Courts and Probation, pp.
12-78; T. D. Eliot, The Juvenile Court and the Community, pp. 1-41.

Questions
1. What is the difference between poverty and pauperism? Has the distinction any importance?
2. Place the individual causes of poverty in what seems to you to be their order of consequence and
give your reasons for so placing them.
3. What is meant by the minimum standard of living? Make an estimate of what it costs to
maintain this minimum standard in your own community at the present time.
4. To what extent are overcrowding and unsanitary conditions the cause of poverty and to what
extent are they the effect?
5. What are the advantages and the disadvantages of private poor relief organizations? In what way
may the disadvantages be overcome?
6. In what ways are poverty and a poor educational system related?
7. Why is it desirable to separate the different types of mental defectives?
8. What is the difference between crimes and torts? Which of the following are crimes and which
are not: telling a falsehood; blasphemy; throwing rubbish in the streets; refusing to obey the orders of
a policeman; building a house on another man’s land; ringing in a false alarm; telling false stories
about a neighbor; playing ball on Sunday? Can you make a classification of crimes apart from that
given in the text?
9. Place the causes of crime in what seems to you to be their order of importance. Compare this
with the answer to Question 2.
10. Explain the difference between indeterminate sentence, parole, and probation.
11. Make a list of prison reforms which meet your approval. What could you do, as a citizen, to
secure the adoption of these reforms.
12. Why are juvenile courts desirable? What disposition do they make of cases which come before
them? What are the duties of a probation officer?

Topics for Debate
1. The public authorities should assume all responsibility for poor relief and do away with private
charity organizations altogether.
2. County jails should be abolished and all prisoners sent to state or federal institutions.
3. The Osborne plan of prison self-government should be adopted throughout the country.

Page 454

CHAPTER XXVIII
THE NATIONAL DEFENCE

The purpose of this chapter is to show why an army and navy are needed by the United
States; how they are organized; and what they cost.

The Stupendous Cost of Armaments.—Although What we spend each
the people of the United States dislike war and desire year for military
purposes.
peace the national government is now spending about
$750,000,000 every year to maintain the country’s military and naval
forces. Seven dollars per head of population is our annual contribution for
national defence. The people of the United States are spending far more on
national defence, on payments for past wars, and on preparations for wars
of the future, than they are expending upon all branches of civil
government. The cost of a single battleship is greater than that of all the
school buildings in a state like Ohio or California. And this does not reckon
the loss caused by the withdrawal of more than two hundred thousand able-
bodied young men from the farms and factories. Why is it necessary to
support armies and navies? The leading nations of the world, at the
Washington conference of 1921-1922, reached an agreement for the
reduction of naval armaments. Would it not be practicable for the world to
abolish armies and navies altogether? We have all heard the arguments of
the pacifists to the effect that great armaments are not necessary, that they
are in fact an encouragement to war, and that they merely impose upon the
people a grievous burden in taxes without any substantial advantage in
return.[269]
Let us first look at this problem from a different angle, close at home. We
spend large sums of money in all American cities for the maintenance of
police, police courts, and prisons. Why do we do it? If people would only
obey the laws, respect the rights of others, and refrain from interfering with
their neighbors, there would be no need for these armed guardians of the

Page 455

law. The trouble is, however, that without police and prisons we would have
disorder, injustice, and oppression. A community certainly would not
promote the cause of law and order by leaving itself helpless against those
who set out to do wrong. Now the army and the navy are our police writ
large. They are, against wrong-doing from without, what the police are
against wrong-doing from within—a measure of protection and security.
Defence is an Essential Function of Government. A nation cannot leave
—Many years ago one of the Fathers of the American itself defenceless.
Republic, James Madison, stated this point in a single sentence. “Security
against foreign danger”, he wrote, “is one of the primitive objects of civil
society. It is an avowed object of the American union.” We set great value
in this democracy on the right to “life, liberty, and the pursuit of happiness”,
but no people can be secure in their rights to any of these things so long as
they permit themselves to remain defenceless against the assaults of their
enemies. When one citizen injures another there are courts to render justice.
But when one nation treats another unjustly the injured country has no such
redress; it must depend upon its own strength to assert its rights. The
impulse to self-defence is deeply implanted in human nature. A man’s first
care is to defend himself and those dearest to him. So a nation’s first care
should be for the safety of those within its borders. A country that is not
ready and able to protect its own citizens can scarcely be said to deserve
their patriotism. Fear God and take your own part! is a good motto.[270] A
man who cannot take his own part, when occasion demands, is a weakness
in any community, for his impotence is an encouragement to wrongdoers.
The same applies to nations. A country that cannot defend itself against
external injustice puts a premium on aggression.[271] The day may come
when, as it is written in the Scriptures, “nation shall not lift up sword
against nation, neither shall they learn war any more”; but until that long-
looked-for time arrives it is the duty of every land to make sure that its
territories shall not be invaded with impunity. Wanton or unjust war is an
abhorrent evil, and even a just war of self-defence brings immeasurable
suffering. The permanent avoidance of war is assuredly a goal which human
effort should strive by some means or other to attain.
National Defence and Militarism.—It is often said Do armaments
that armaments lead to militarism and the engender militarism?
encouragement of a warlike spirit among the people, and that the nation
which keeps a sharp sword is always under a temptation to unsheathe it.

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The history of European nations proves that there is a measure of truth in
this assertion. Huge armies are not merely an economic burden, a source of
enormous expense; but they create suspicion and distrust among a nation’s
neighbors. During the fifty years preceding 1914 the various countries of
Europe kept each other’s tempers constantly on edge by reason of their
being armed to the teeth. The standing armies of Germany, Austria, Russia,
France, and Italy prior to the outbreak of the World War totalled nearly two
million men. These men had to be fed, clothed, and supported by the labor
of those who were not in the military service. How much better it would
have been if most of them had spent their time behind the plough!
The Causes of War.—Intelligent people everywhere What another world-
are agreed that war is the greatest curse of humanity war would mean.
and that some means of prevention must be found. If the world, within the
next generation, should have the misfortune to engage in another titanic
conflict like the last, it will not much matter who wins. Victor and
vanquished will alike go down in a welter of blood and chaos. There is no
difference of opinion among thoughtful men of all nations on this point. So
far as the desirability of permanently avoiding war is concerned, there is
entire agreement between pacifists and other people. But how is war to be
permanently avoided? One way, and probably the only effective way, is to
remove the causes of war.
In past years a great many different things have The chief motives in
drawn nations into war. Greed for territory has been a war.
prolific cause of armed conflict during many centuries. Governments, like
individuals, often violate the tenth commandment and covet the possessions
of their neighbors. Rivalry in trade sometimes leads to ill-feeling, suspicion,
and in the end to hostilities. The press, or certain sections of it, is sometimes
given to fomenting this bad feeling and so are politicians occasionally. The
misgovernment of a helpless people has at times led to outside intervention
on their behalf, as when the United States in 1898 interposed to terminate
Spanish oppression in Cuba. Alliances among nations, particularly secret
alliances, have aroused jealousy to a point where some relatively minor
mishap sufficed to send armies forth to battle. In the case of the World War
the murder of an Austrian archduke at Serajevo was the match which set
Europe aflame; but it was not the underlying cause of the conflict. The real
causes are to be found in the rivalry, the jealousies, and the militarism

Page 457

which turned Europe into a huge armed camp during the years preceding
1914.
There is no reason why nations should be natural Can these motives be
enemies. Like men they can live together in amity if, removed?
like men, they learn to secure respect for their own rights by respecting the
rights of others. Up to a certain point rivalry between different countries
makes for progress, but when rivalry engenders bitterness it becomes a
menace to peace. A large part of the mutual suspicion which exists among
governments would be obliterated if secret diplomacy were abolished and
the burden of great armaments removed.
The Regular Army of the United States.—Until these causes of war are
permanently removed by some agreement among the nations of the world
no country can venture to give up reasonable measures for its own defence.
For military protection the United States relies first of all upon the regular
army. In proportion to the total population of the country this army has
never been large in time of peace. The policy of the United States has
always been to maintain a standing army of very moderate size and to
depend, in emergencies, upon the assistance of units raised from among the
able-bodied men of the civilian population.[272] The size How the regular army
of the regular army is fixed from time to time by is organized.
Congress; it is always recruited by voluntary enlistment and has never
contained any regiments raised by conscription. Enlistments are for a term
of years, at the end of which time an honorable discharge is given if the
soldier has served faithfully. The regular army is completely and at all times
under the control of the War Department; its officers are appointed by the
President as commander-in-chief; its discipline is regulated by federal law
and its entire cost of maintenance is borne by the national government.
The National Guard.—But the military forces of the United States do
not consist of the regular army alone. Each state maintains a militia in
which every able-bodied citizen between the ages of eighteen and forty-five
is under obligation to serve when called upon. The effective portion of this
militia, however, consists of organized units known as the national guard. In
time of peace the national guard is under the control of the states, the
governor in each state being its commander-in-chief; but Congress has
authority to provide for the arming and disciplining of this force so that it
may be serviceable in time of war. The present regulations relating to the
size, organization, arming, and disciplining of the national guard were

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framed by Congress in 1916. Its officers, in time of peace, are appointed in
each state by the governor; but the national government furnishes the arms
and equipment besides giving an annual money grant to each state. The
national guard, like the regular army, is recruited by voluntary enlistment.
In time of war or other emergency it may be called into the service of the
federal government and then becomes, for all practical purposes, an integral
part of the United States army.[273]
The Volunteers.—During practically all the wars in which the United
States was engaged prior to 1917 a call was made for volunteers. In the
Civil War more than a million soldiers were brought to the colors in
response to the six successive calls which President Lincoln issued. But
recruits did not always come readily and it was necessary on occasions to
offer bounties or money grants to all who would volunteer. During the war
with Spain in 1898 volunteers were again called for, and many regiments
were raised in this way, notably the First Volunteer Cavalry, better known as
the Rough Riders.[274] The serious defect of an army raised in this way is
that no one can foretell the number of men who will respond. The volunteer
system, moreover, rests upon the idea that military service is an optional,
not a universal duty, on the part of citizens.
The National Army.—When the United States The draft in 1917-
entered the World War in 1917 it was realized that a 1918.
sufficient military force could not be obtained by using the regular army, by
ordering out the national guard, or by calling for volunteers. So, on May 18,
1917, Congress passed the Selective Service Act which authorized the
President to summon all male citizens between the ages of twenty-one and
thirty-one to be registered. It further provided that the President should call
into service (subject to certain exemptions made in the act and in
accordance with regulations which he might frame) a sufficient number of
men to form a national army. The first registration took How the draft was
place in June, 1917, and immediately thereafter the applied.
local draft boards, under the supervision of the Provost-Marshal-General,
selected the persons who were called into service. In due course it was
found advisable to classify all the registrants and to summon, first of all,
unmarried men without dependents who were not engaged in any essential
occupation. In the summer of 1918 an extension of the age limit was
authorized by Congress, to include all men between the ages of eighteen
and forty-five; but it did not prove necessary to call into service any

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considerable number of men from among these later registrants. The
classification of the men, the physical examinations, and the order in which
men were called to the colors were all provided for in the body of rules
known as the Selective Service Regulations.
The men drafted under these regulations were sent to military camps or
cantonments located in different parts of the country. There they were
organized into military units, equipped, and trained. As soon as each
division had completed its preliminary training it was sent to Europe. Forty
divisions of the national army, mobilized in this way, were in Europe before
the armistice was signed. These, with the non-combatant troops, made up a
total of about two million men. In the spring of 1918, The American army
when the last great German drive against the French in the war.
and British armies took place, there were only half a million American
troops in Europe. The need for more was urgent and America was asked to
hurry. By almost superhuman effort great bodies of troops were rushed from
the camps to the Atlantic ports and sent across the water during the summer
at the rate of more than two hundred thousand men a month. When the final
united assault of the Allied armies carried them through the German lines in
the autumn the strength of the American forces contributed decisively to the
ultimate victory. The speed with which America drew a great army from the
ranks of her citizenship, trained it, sent it overseas, used it to turn the scale,
and brought it home again—these things made a profound impression upon
the whole world.
The Control of the Army in War.—According to The President as
the constitution of the United States the power to commander-in-chief.
declare war rests with Congress. The usual method of declaring war is the
passage of a resolution by both houses of Congress, signed by the President.
War may begin, however, without a formal declaration on either side. It
may begin by an act of war, an attack by one nation upon another, or by one
section of a country upon another. The Civil War began with the firing upon
Fort Sumter; there was no declaration of war by either side. Once war is
declared the movements of the army depend upon the discretion of the
President. He appoints the officers who command it and has the final
decision as regards the course of military operations. Congress votes the
money for carrying on a war, but the President directs the spending of it.
Congress determines the size and character of the army, but as commander-
in-chief the President controls all its operations in the field.[275] This division

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of functions might possibly lead to friction and even to disaster if Congress
and the President did not work in harmony, but on the whole the two
branches of the government have always shown a spirit of co-operation in
war-time.
The Use of Armed Forces in Time of Peace.—In The army as an aid to
time of peace the regular army and the national guard the civil power.
may be used under certain conditions to put down riot or disorder. The
President has the right to use United States troops within the limits of any
state in order to enforce the national laws, to facilitate the carrying of the
mails, or to maintain any other function of the national government. This he
may do without the invitation or permission of the state government, or
even against the wishes of the state authorities. In 1894 when a railway
strike in Chicago interfered with the free passage of mails, President
Cleveland sent a detachment of regular troops to the state of Illinois and
cleared the way. The Supreme Court held that he was within his rights. If a
state is invaded, the President may also act on his own volition; but when
internal disorders occur, it is the primary function of the state authorities to
suppress them. The governor is vested with authority to call out the national
guard for this purpose. Federal troops cannot be sent in such cases except
upon the request of the state authorities, unless, of course, the disorders
reach a point where they obstruct the national government in the
performance of its functions. In any event, troops are not called out for
active service in time of peace save under conditions of serious emergency.
Soldiers are not well qualified to handle ordinary disturbances; they have
not been trained for that purpose and their presence is likely to make mild
disturbances more serious. Bodies of state constabulary, like those
maintained in New York, Pennsylvania, and Massachusetts, are better
adapted to use in such situations.
Military Law.—The citizen, under normal The articles of war.
conditions, is subject only to the law of the land. But the soldier (and this
term includes officers) is subject not only to the ordinary laws but to a
special code of military law the provisions of which are embodied in the
Articles of War and are administered by courts-martial. The Articles of War
are enacted by Congress, and anyone entering the army, whether as a
commissioned officer or an enlisted man, becomes subject to their
provisions both in time of war and in time of peace. These articles deal with
such matters as desertion, disobedience of orders, neglect of duty, absence

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without leave, the wrongful use of military equipment, and kindred military
offences.
Military law is not enforced by the ordinary courts Courts-martial.
but by special courts known as courts-martial, which are composed of army
officers.[276] Punishment may be inflicted in the form of dishonorable
discharge from the army, or imprisonment—even the death penalty may be
imposed in extreme cases during war. The accused person has the right to
have his own counsel and the customary rules of evidence are followed, as
in the civil courts.
Martial Law.—Military law and martial law are What martial law
often confused with each other, but they are in fact implies.
wholly different. Martial law is the entire legal administration which is
applied to any area of conflict or insurrection by order of Congress, or by
the President in case such action is urgently needed before action by
Congress can be taken. It is not proclaimed except in case of invasion,
insurrection, or civil or foreign war, and then only in districts where the
ordinary laws and courts prove themselves unable to secure the public
safety.
When martial law is proclaimed in any district the Its effects.
ordinary laws cease to function there. The orders of the commanding
military officer take the place of the laws. Special military tribunals are
usually appointed to enforce these orders; but if practicable, the ordinary
courts may be retained. Martial law applies to everybody within the district,
soldiers and civilians alike. The commanding officer issues his orders and,
whatever they are, they must be implicitly obeyed. He may order, for
example, that there shall be no public gatherings, no traffic in the streets
after nightfall, and no keeping of weapons in private houses. He may
require every inhabitant to carry a pass signed by the military authorities.
There is no definite code of martial law; the will of the commanding officer
is supreme so long as the citizen is not deprived of his rights as guaranteed
by the constitution of the United States. This constitution, however, is the
supreme law of the land and not even the army can disregard it. Martial law
is never proclaimed except in urgent circumstances when it appears to be
the only way of securing public order and protecting property. During the
Civil War it was administered in some sections of the South which were
occupied by the Northern armies.[277]

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The Navy.—The navy is commonly called the “first line” of the national
defence inasmuch as the most vulnerable boundaries of the United States
extend along two great seacoasts.[278] Like the army its organization is under
the jurisdiction of Congress, which appropriates the money for its
maintenance; but the President is also the commander-in-chief of the navy
and is responsible for directing its operations. In this he is assisted by the
Secretary of the Navy who in turn is advised by a staff of naval officers.
Men are enlisted in the navy, and officers are commissioned as in the army,
but with different ratings and ranks. The navy also has Administration of the
its code corresponding to the Articles of War and its navy.
system of courts-martial. The Marine Corps, which in organization, drill,
and discipline, is really a military organization, comes under the control of
the Secretary of the Navy because it is primarily intended to furnish a
landing force after attack. The marine, as Kipling says, is “a soldier and
sailor too”. In connection with the work of the navy mention should also be
made of the coast defences which are located at points where they may
serve to protect the commercial seaports. These consist of concealed land
batteries, floating batteries, channels guarded by mines, submarines, and
naval airplanes.
The Problem of Disarmament.—Is there any The history of the
reasonable ground for the hope that the burden of issue.
maintaining an army and navy may be reduced at some time in the near
future? Proposals for a general disarmament by international agreement
have been put forth at various times for a hundred years or more. Following
the long Napoleonic Wars which exhausted the chief countries of Europe,
the Czar of Russia suggested that the nations should agree to place a limit
upon their respective armaments. But nothing came of this proposal, and
although the question of disarmament was discussed during the next three-
quarters of a century in unofficial circles no concrete plan for an
international conference on the matter was formulated until 1898, when
Russia once more brought to the attention of the other European powers the
urgent desirability of considering some effective measures for disarmament.
As a direct result of this action delegates appointed The two Hague
by all the leading governments of the world assembled conferences.
at the Hague in the following year and discussed the possible methods of
securing international disarmament. A resolution was adopted affirming the
desirability of such action but no definite plan was formulated. A second

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Hague Conference was held eight years later but it likewise managed to
procure no definite promises of disarmament because Germany refused to
enter into any such agreement, believing that more could be gained by war
than by disarming. So the feverish activity in preparations for war
continued until the great world conflict began. In the negotiations which
took place at the close of this war it was generally agreed that a reduction of
armaments on the part of all countries should begin at the earliest
practicable moment, but the disordered state of affairs in several European
countries, notably in Russia, delayed any important steps in that direction.
This led President Harding, in the summer of 1921, to propose that the chief
naval powers should send delegates to a conference at Washington in order
that some plan of limiting naval expansion might be prepared.
This conference assembled in the autumn of 1921 The conference on
and at once proceeded to consider a proposal, made on naval armaments.
behalf of the United States, that a fixed tonnage of capital ships agreed
upon and that this limit should not be exceeded during the next ten years.
With some slight amendments the American proposal was ultimately
accepted and embodied in an international treaty. The conference also
framed agreements for the future limitation of submarine warfare, the
prohibition of poison gas in war, and the restriction of fortifications in the
Pacific regions. No action was taken towards the limitation of armies.[279]
Universal Military Training.—If the leading nations do not agree upon
a plan of general disarmament, is it desirable that the United States should
adopt a system of universal military training? There is a popular aversion to
the maintenance of a large regular army. On the other hand it would be folly
to permit the United States to stand unprepared if other nations go on
arming themselves as in the years preceding the World War. The suggestion
has been made that we could avoid the necessity of The Swiss plan.
maintaining a large regular army and yet secure the advantages of military
preparedness by adopting the plan used in Switzerland where every able-
bodied young man is required to undergo a short period of military training.
This training would be taken at some convenient time between the ages of
eighteen and twenty-one; it would last from three to six months. The claim
is made that this training would have educational as well as military value
and that it would conduce to the physical upbuilding of American manhood.
In opposition to the plan of universal military training it is contended that
anything of this sort would involve a great waste of energy, would withdraw

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large numbers of young men from productive labor, would foster
militarism, and would involve enormous expense.
What is Real Preparedness?—Under present-day New wars being new
conditions one must recognize that preparedness for methods.
war does not consist in merely training men to march and shoot. No war is
ever like any previous war. No amount of human ingenuity or foresight can
avail to train men for “the next war”, because nobody knows where, when,
or how the next war is going to be fought. The Civil War was fought in the
open; it was a war of movement. The World War was fought, for the most
part, in trenches; it was a war of positions. In the Civil War, cavalry played
an important part; in the World War cavalry had very little share. Artillery
was the great factor. For example, it has been estimated that all the artillery
ammunition used during three whole days at the battle of Gettysburg would
have lasted the American artillery just about thirty minutes in one of the
Argonne battles! New weapons and devices are brought forth in every new
conflict, and they greatly change the conditions of warfare. The great
European struggle utilized the airplane, poison gas, incendiary bombs, gas
shells, hand grenades, liquid flame, tanks, wireless telegraphy, wireless
telephony, dirigible balloons, submarines, seaplanes, and artillery with a
range of over fifty miles—none of these things figured in any previous war.
It has been predicted that the next war will be fought, The “next war”, if it
for the most part, in the air and under the sea; that the comes.
entire populations of great cities may be wiped out during a few days by a
deluge of poisonous gas-bombs hurled from the sky;[280] that science under
the pressure of war emergency will discover some form of lethal ray (we
have X-rays, light rays, heat rays,—why not rays of a deadlier sort?) which
will be shot from the clouds to shrivel and poison human beings by the
thousands; that disease germs will be called into service to spread pestilence
among the people;—all these things have been soberly predicted as likely to
feature the next great conflict if one ever comes.[281]
Progress in science and in the arts completely How the progress of
changes the methods of warfare in one generation after science
warfare.
affects

another, If General Hooker had possessed a single
airplane, you may be sure that “Stonewall” Jackson would never have
slipped around his flank at Chancellorsville. A squadron of “tanks”, if the
Army of the Potomac had been provided with them in 1863, would
probably have cleared the road to Richmond within a week. Who can tell

Page 465

what weapons, appliances, and tactics the nations will need for use in the
next war, if another war should ever come? Preparations of a strictly
military sort are essential, to be sure, but it is not wise to place entire
reliance upon an army which is trained to use certain tactics in a prescribed
way. That, of itself, does not constitute true “preparedness”.
Three words sum up the reasons for the Allied victory in the World War;
these words are men, munitions, and morale. France, Great Britain, the
United States, and Italy had civilian reserves to draw upon. They had great
peace-time industries which they converted into munition factories. Above
all things the moral strength and steadfastness of free peoples counted in the
long struggle against autocracy. The lesson to be drawn What real
from this is that if a country builds up a vigorous “preparedness”
means.
manhood, both physically and mentally; if it creates
great, varied, and well-managed industries; if it fosters patriotism and a
sense of righteousness through its system of public education; if it cultivates
intelligently all the progressive arts of peace—if a nation does all these
things, it is accomplishing real preparedness for whatever may come. Great
wars are won, paradoxical as it may sound, in times of peace.
The War-Time Powers of Government.—There is an ancient Latin
maxim: inter arma silent leges. It means that under the stress of armed
conflict the ordinary laws give way. In the United States this maxim does
not strictly apply; the constitutional rights of the citizen remain intact and
the ordinary laws of the land continue to apply in war-time. Nevertheless it
is true that a state of war requires strict vigilance on the part of the
government and this may lead it to impose upon individual freedom various
restrictions which would not be imposed in time of peace. During the World
War, for example, the national government laid certain Limitations on civic
restrictions upon the consumption of food, the use of liberty during wars.
coal, and the manufacture of luxuries. This it did under its constitutional
authority “to raise and support armies”. Congress also The Espionage and
passed the Espionage and Sedition Acts which provided Sedition Acts.
penalties for making or circulating false statements with intent to injure the
United States or using “abusive language about the government or
institutions of the country”. By these laws, in brief, it was made a crime to
favor the cause of the enemy by any word or act. In some quarters this
legislation was regarded as an unwarranted interference with freedom of
speech but on the whole it was a justifiable war-time precaution. Those who

Page 466

found their personal freedom restricted by the Espionage and Sedition Acts
suffered very little hardship compared with that borne by the soldiers and
sailors who went into active service.
Freedom of Speech in War-Time.—During the There can be no
World War there was considerable complaint in some absolute freedom of
speech at any time.
quarters because the national government placed certain
limitations upon freedom of speech, and a good deal of discussion arose as
to what freedom of speech really means. The issue is one which cannot be
argued in general terms, for it is not a question of principle but of practical
policy. On the one hand it is generally agreed that men ought to have all
reasonable liberty to express their own thoughts in their own way; on the
other hand it is just as fully agreed that people must not be allowed to go
about preaching treason, uttering slanders, and by word of mouth infringing
the rights of others. The question, then, is not whether we should grant
freedom of speech or deny it; but how much of it we should grant or deny.
In a democracy the presumption should be in favor of But the presumption
freedom. It should be curtailed no further than is clearly should be in favor of
free speech.
demanded by the general interest. Just where that point
comes is something that cannot be fixed by any general rule. In time of
peace, for example, we may safely permit a greater freedom of speech than
in time of war. We may rightly allow a citizen, whose loyalty is not in
doubt, a greater latitude than a foreigner who professes his hatred of the
United States. The problem is an exceedingly difficult one and the courts
may at times do injustice in dealing with outspoken persons; but the nation
in its sober senses is not likely to let the fundamental right of free speech be
permanently restricted beyond a reasonable point.[282]
Mobilizing the Economic Forces.—In order to The various war
ensure victory it also becomes necessary to mobilize all boards, 1917-1918.
the economic forces of a country, the industries, the means of transport, and
even the professional skill. During the years 1917-18 the government of the
United States established a War Industries Board whose function it was to
supervise and speed up industrial production; likewise a Food
Administration, a Fuel Administration, a War Labor Board, a Censorship
Board, a Committee on Public Information, a War Finance Corporation, an
Alien Property Custodian, and various other war-time authorities with
duties which are in a general way indicated by their titles. Both the work
and the authority of a government enlarge under the stress of war.

Page 467

PRICES IN THE UNITED STATES
FROM
1810 TO 1920
(Prices in 1914 = 100)

Retail prices are based on wholesale prices.
Three times have wholesale prices in America risen to
more than double the normal.
1. During the war of 1812, which was in reality the country’s participation
in the Napoleonic wars—one of the great world wars.
2. During the Civil War, in 1861-65, a long and costly struggle.
3. During the recent World War.
Not less notable than the great rise of prices during
these great wars has been the long and continued fall of
prices extending over a generation of time which
followed the great rise.

THE RISE OF PRICES IN WAR TIME

Page 468

The diagram on the reverse of this page illustrates
the way in which war disturbs a nation’s economic
life. It sends prices sky-high by reason of the
monetary inflation which almost invariably
accompanies war. This rapid rise in prices causes
industries to expand. Wages rise with prices, and for
the moment we have an era of prosperity or “good
times” as it is usually called. But when the stimulus
of war inflation is removed, the general level of prices
begins to decline, and with this fall in prices the
industries slacken. Wages also come down, although
more slowly than prices, and we have an era of
industrial depression or hard times.

War’s Aftermath.—War is waste. It The greatest of all
destroys life and property, uses up the human tragedies.
accumulated wealth of nations, and saddles them with huge debts
which future generations have to pay. The cost of a war can never
be reckoned in full until long after the treaty of peace has been
signed. The Civil War came to an end more than fifty years ago, but
we are still paying more than two hundred million dollars per
annum in pensions to veterans of that struggle or to their widows.
The number of Civil War pensioners and their widows now on the
roll is more than five hundred thousand. It was not until 1906 that
the last surviving widow of a veteran of the Revolutionary War
died. The burden of pensions growing out of the World War is just
beginning to accumulate; the country will not feel its full weight
for many years to come. A generation born after this war ended will
be required to defray its cost. War also leaves, as its tragic
aftermath, large numbers of wounded, disabled, or invalided
soldiers who must be cared for at the public expense. No nation
which values its own honor can afford to leave its veterans unaided
in suffering and want. In the United States we have made provision
for affording medical care to those soldiers of the World War who
require it and for giving vocational education to those partially
disabled men who need it in order to fit them for success in life.

Page 469

General References
C. A. Beard, American Government and Politics, pp. 342-357; Ibid., Readings in
American Government and Politics, pp. 308-322;
Everett Kimball, National Government of the United States, pp. 423-444;
W. B. Munro, The Government of the United States, pp. 265-276;
A. B. Hart, Actual Government, pp. 459-480;
P. S. Reinsch, Readings in American Federal Government, pp. 610-650;
Edward F. Allen and Raymond Fosdick, Keeping Our Fighters Fit, passim;
B. A. Fiske, The Navy as a Fighting Machine, passim;
R. M. Johnston, Leading American Soldiers, especially pp. 3-65;
E. H. Crowder, The Spirit of Selective Service, pp. 59-92;
R. R. McCormick, The Army of 1918, pp. 207-243.

Group Problems
1. In what ways did the World War differ from previous wars? What predictions
have been made concerning the weapons and tactics of the next war? How can
preparedness best be made for such a war? References: J. F. Rhodes, History of the Civil
War, pp. 1-46; B. Crowell and R. F. Wilson, How America Went to War, Vol. I, pp. 3-14;
Will Irwin, The Next War, pp. 33-66; Emory Upton, The Military Policy of the United
States, passim; Erich von Ludendorff, Ludendorff’s Own Story, passim; Baron Horff
von Dewitz, War’s New Weapons, pp. 5-48; W. L. McPherson, The Strategy of the Great
War, pp. 80-118; D. W. Johnson, Topography and Strategy in the War, pp. 1-40.
2. How can the causes of war be removed? Should we have international
disarmament? References: G. L. Dickinson, The Choice Before Us, pp. 166-186; H. M.
Kallen, The Structure of Lasting Peace, pp. 141-187; A. T. Mahan, Armaments and
Arbitration, pp. 15-35; F. W. Holls, The Peace Conference at The Hague, pp. 66-92; J. B.
Scott, The Status of the International Court of Justice, pp. 1-30; John Bakeless, The
Economic Causes of Modern Wars, pp. 177-195.
3. The National Army of 1917-1918: how it was raised, trained, and used.
References: E. H. Crowder, The Spirit of Selective Service, pp. 115-175; Selective
Service Regulations (revised edition), pp. 1-30; R. B. Perry, The Plattsburg Movement,
pp. 173-214; Leonard P. Ayres, The War with Germany, pp. 13-48; R. R. McCormick,
The Army of 1918, pp. 1-57.

Short Studies
1. The War Department. John A. Fairlie, National Administration, pp. 133-151.
2. The war powers of the President and Congress. Cyclopedia of American
Government, Vol. III, pp. 646-648; G. Glenn, The Army and the Law, passim.
3. The growth of the navy. G. R. Clark, History of the United States Navy, pp. 406-
444; E. S. Maclay, History of the United States Navy, Vol. III, pp. 11-36.
4. Great American soldiers. R. M. Johnston, Leading American Soldiers, pp. 137-192
(Grant); 256-310 (Lee).
5. The Grand Army of the Republic. W. H. Ward, Records of Members of the Grand
Army of the Republic, pp. 5-15.
6. The American Legion. G. S. Wheat, The Story of the American Legion, pp. 12-30;
193-211.
7. How the nation mobilized in 1917-1918. P. L. Haworth, The United States in Our
Own Time, pp. 422-440.

Page 470

8. Military law, martial law, and military government. Everett Kimball, National
Government of the United States, pp. 434-444.
9. The human cost of the war. Homer Folks, The Human Costs of the War, pp. 119-
167.
10. The use of regular troops in labor troubles. Grover Cleveland, Presidential
Problems, pp. 79-117.
11. The Hague Conferences. F. W. Holls, The Peace Conferences at The Hague, pp.
1-35; J. H. Choate, The Two Hague Conferences, passim.
12. The United States Food Administration. 1917-1918. W. F. Willoughby,
Government Organization in War Time, pp. 258-292.
13. How the National Army was drafted. E. H. Crowder, The Spirit of Selective
Service, pp. 115-175; see also Second Report of the Provost Marshal General (1918).
14. Military pensions. John A. Fairlie, National Administration, pp. 205-208; W. H.
Glasson, History of Military Pension Legislation, pp. 70-107.
15. Freedom of speech in war time. Zechariah Chafee, Jr., Freedom of Speech,
passim.

Questions
1. Classify the chief causes of war and indicate which class of causes was mainly
responsible for: the French and Indian Wars; the Revolutionary War; the Napoleonic
Wars; the War of 1812; the Mexican War; the Civil War; the Spanish War; the Russo-
Japanese War; and the World War.
2. What did President Roosevelt mean when he said that a defenceless nation is a
temptation to injustice. Give some examples to illustrate this proposition and also to
illustrate the reverse.
3. Why would it not be better to abolish the national guard and have only a regular
army?
4. Explain the various steps by which civilians were taken into the national army under
the provisions of the Selective Service Law.
5. Is it right to use the armed forces of the nation in quelling labor troubles? What are
the objections to so doing?
6. Explain the system of trial by court-martial under the following heads: (a) who may
be tried; (b) on what charges; (c) how the court is organized; (d) who prosecutes; (e) who
defends; (f) what sentence may be imposed; (g) who reviews the sentence.
7. What is the difference between proclaiming martial law in a district and establishing
a military government over it?
8. Outline the history of the United States navy. What are the characteristics of (a)
battleships; (b) battle cruisers; (c) gunboats?
9. What would be (a) the political and (b) the economic advantages of disarmament?
What difficulties stand in the way of an international agreement to disarm?
10. Make a list of the special governmental agencies which were established in the
United States during the World War, and name the functions performed by each.

Topics for Debate
1. The United States should adopt the system of universal military training.
2. A declaration of war should require a two-thirds vote of Congress.
3. The national government should pay pensions to veterans of the World War in the
same way that it has provided pensions for veterans of the Civil War.

Page 471

CHAPTER XXIX
FOREIGN RELATIONS

The purpose of this chapter is to explain what international law is, what obligations it
imposes, and how the United States carries on its relations with other countries.

The Contact of Nations.—In all ages the Trade has brought
nations of the world have been brought into nations together.
relations with one another. During the early centuries their contact
was not very close, as a rule, because differences in race, religion,
and language, together with the lack of facilities for travel and
transportation served to keep the people apart. But the Phoenicians,
the Greeks, and the Romans all traded with their neighbors, and
this trade, which began around the eastern shores of the
Mediterranean, gradually widened east and west. After the fall of
the Roman empire chaos reigned over the greater part of Europe;
commerce declined, and incessant warfare prevented the growth of
friendly intercourse among the people of different religions. These
were the so-called Dark Ages, in which travel was fraught with
danger and trade was at the mercy of bandits. Gradually, however,
intercourse between different regions revived and expanded. The
highways and waterways became safe again. Nations were once
more brought into friendly relationships. During the past three or
four hundred years this intercourse of nation with nation has been
steadily becoming more extensive, broken only from time to time
by the waging of wars. The steamship, the railroads, the
automobile, the telegraph, and the telephone have all served to
reduce distances and bring the various parts of the world closer
together.
International Rules and Customs.—Just as The origin of
social and economic relations among men gave international law.

Page 472

rise to customs and usages which everyone now obeys for the
common good, so the growth of intercourse among the nations
brought into existence, little by little, a body of usages and rules
which guide them in their relations with one another. Even the
Greeks and Romans recognized the necessity of some such rules to
prevent misunderstandings. Since ancient times these usages, rules,
and agreements have been gradually becoming more definite until
they now form that body of jurisprudence which is known as
International Law. In a strict sense international law is not law at
all; its rules have not emanated from any definite source such as
parliament or a legislature, and there are no courts with power to
enforce its provisions.[283] Some of its rules are of long standing
custom; others have come into effect as the result of agreements
among nations. The provision that the ambassador is exempt from
the jurisdiction of the state to which he goes is very old,—as old as
the Achaean League. It is an ancient custom, now called law. On
the other hand the rule that a blockade of enemy ports is not valid
unless maintained by an adequate force is a relatively modern rule
and rests upon international agreement.
International Law.—International law may What international
therefore be defined as that body of usages and law includes.
rules which the civilized nations of the world are accustomed to
observe in their dealings with one another. These rules and usages
relate to a great many things. They provide for The laws of war.
friendly communication between nations in time of peace by means
of ambassadors and other diplomatic envoys. International law
declares the high seas to be free to all, but stipulates that a country
may exercise jurisdiction over its adjacent seas for a distance of
one marine league from the shore. The usages and rules of
international law also provide for the protection of aliens, the
collection of debts, the carrying on of trade, and many other
questions which arise between nations at peace.
When nations are at war they are called belligerents, and the
rules of international law restrict the ways in which war may be
carried on. They forbid a belligerent to put poison in wells, or to
bombard undefended towns, or to kill prisoners of war. It is quite
true that these so-called “laws of war” are sometimes set at naught

Page 473

in the heat of conflict, and it is also true that when a nation violates
them there is no regular redress; but the rules are well established
and the public opinion of the world always condemns any country
which indulges in barbarities contrary to the rules of war.
Nations which are not at war when war is The laws of neutrality.
going on are called neutrals. Their rights as neutrals are defined
and their duties as neutrals are prescribed by the rules of
international law. Neutrals are permitted to carry on trade with
belligerents subject to two limitations, namely that their ships must
not try to enter any blockaded port and must not carry contraband
of war. Contraband of war includes weapons, munitions, military
supplies, and any other merchandise which a belligerent can use
directly or indirectly in carrying on the war. The citizens of neutral
states are also debarred from serving in the armed forces of
belligerents.
International law, in short, deals with a great variety of matters
which arise in peace, including emigration and travel, trade,
naturalization, diplomatic intercourse, the extradition of criminals,
treaties, and so forth, as well as with questions which arise during
war such as blockades, captures at sea, the rules of land warfare,
and the rights of neutrals. It is considered by the United States to be
a part of the law of the land, and its rules are enforced within
American territory by the federal courts.
The Control of Foreign Relations.—All The federal
relations with foreign countries are under the government alone
controls foreign
control of the national government. No state of relations.
the Union can make any treaty, or declare war,
or enter into an alliance, or send ambassadors abroad. No state,
moreover, may maintain ships of war in time of peace or armed
forces except as provided in the constitution. War can be declared
by Congress alone. These provisions are wisely inserted in the
national constitution, for if every state were permitted to deal
independently with foreign countries, we should get into endless
complications and difficulties. But in spite of the fact that no state
can make a treaty or have any formal diplomatic negotiations with
a foreign country it is nevertheless true that a state can and
sometimes does create a situation which requires diplomatic action

Page 474

on the part of the national government. Prolonged negotiations
between the American and Japanese governments have had to be
carried on, for example, as the result of California’s having
restricted the privileges of Japanese citizens in that state (see p. 32).
So, also, although the constitution gives Congress the sole power to
declare war, the President through his command of the army and
navy can bring about a situation which leaves Congress no choice
whatsoever. On one occasion President Roosevelt threatened that if
German warships did not leave the coast of Venezuela within forty-
eight hours, he would send the American fleet there. Had the
German ships remained and a conflict ensued, the action of
Congress in declaring war would have become a mere formality.
How Foreign Relations are Conducted.—The conduct of
foreign relations rests with the President, whose right-hand man in
such matters is the Secretary of State. But the President’s discretion
is limited by the fact that all appointments require confirmation by
the Senate and all treaties must be approved in that body by a two-
thirds vote before they become valid. For this reason, the President
usually finds it advisable to keep in touch with the leaders of the
Senate while he is handling foreign affairs of importance. He is
under no legal obligation to do this, but it is politically expedient.
Failure to do it has on occasions led the Senate to reject agreements
which the President has concluded after prolonged negotiations.[284]
The Department of State is the President’s The Department of
immediate agency in the conduct of all State.
diplomatic intercourse, and is so recognized by all foreign
governments. It is through this department that all official
correspondence with other governments is carried on. The
Secretary of State is often called the “premier” of the cabinet, but
the function of leadership and the ultimate responsibility for the
cabinet’s work rests with the President. In handling the details of
foreign relations the State Department is assisted by a body of
officials who constitute the diplomatic service.
The Diplomatic Service.—It is the custom of every civilized
country to send and receive diplomatic officials. The United States
sends a representative to every important foreign capital; in return,
every foreign country maintains a diplomatic agent in Washington.

Page 475

In the case of the most important countries these representatives are
given the rank and title of ambassador. There is Ambassadors and
an American ambassador stationed at Paris; a ministers.
French ambassador at Washington. In the case of less important
countries the diplomatic representatives are usually given the rank
and title of minister. There is an American minister at Copenhagen;
a Danish minister at Washington. The difference between
ambassadors and ministers is in rank, title, and salary; there is no
important difference in their functions. When an ambassador or
minister is absent, the diplomatic official who is left in charge is
called a chargé d’affaires. If some special negotiations are to be
carried on, a country may send an envoy, or an “envoy
extraordinary”, as he is called.[285] Each ambassador or minister is
assisted by one or more secretaries and a force of clerks.
Diplomatic officials, whether ambassadors Duties of diplomats.
or ministers, have the duty of serving as channels of official
communication between their own government and the government
to which they are accredited. They act always in accordance with
instructions sent to them from home. If a foreign government has
any communication to make to the government of the United
States, it addresses itself either to the American diplomatic
representative at its own capital, or to its own diplomatic
representative at Washington. In either case the diplomatic
representative presents the communication, orally or in writing, to
the Secretary of State. The heads of nations, whether presidents,
kings, or emperors, sometimes communicate with each other by
personal letter; but important matters are not usually handled in
that way.[286]
In addition to forwarding communications the members of the
diplomatic service have various other duties. An ambassador or
minister is expected to keep his own government well informed
concerning all that is going on at the foreign capital where he is
stationed. He renders any necessary assistance to American citizens
who may become involved in difficulties or danger. He represents
his own country on all occasions of ceremony and has many social
duties to perform. These duties are prescribed by the usages of the
diplomatic service and are the same at all national capitals. Finally,

Page 476

he co-operates with the consuls of his own country and does what
he can to make their work more effective.[287]
All American ambassadors, ministers, and How members of the
other diplomatic officials are appointed by the diplomatic
chosen.
service are

President with the consent of the Senate. In
European countries it is the custom for young and capable men to
enter the lower ranks of diplomatic service and work up, step by
step, to the higher posts. But although lower posts in the diplomatic
service of the United States are filled by competitive examination,
the higher positions are usually given to men who have had no
previous diplomatic experience. Men whom the President selects as
ambassadors or ministers are, as a rule, drawn from civil life, and
their appointments are often looked upon as rewards for political
service. This does not mean, however, that they fail to make
capable ambassadors or ministers, despite the lack of experience;
on the contrary, the system has worked astonishingly well on the
whole. This is because men of marked ability and distinction in
civil life are usually selected by the President for the more
important diplomatic posts. Among the list of those who have
served as American ambassadors to Great Britain one finds the
names of Charles Francis Adams, James Russell Lowell, John Hay,
and Joseph H. Choate. Among the notable American diplomats
during the earlier years of the World War were James W. Gerard at
Berlin, Henry Morgenthau at Constantinople, Brand Whitlock at
Brussels, and Paul S. Reinsch at Pekin.
The official establishment of an ambassador is called an
embassy; that of a minister is known as a legation. An embassy or a
legation is exempt from local jurisdiction; it The immunities of
cannot be searched by the police, and the diplomats.
officials connected with it are exempt from arrest except for very
serious crimes. A country cannot, according to international usages,
decline to receive a diplomatic official from any other country, but
it can, and sometimes does, object to receiving some particular
individual as ambassador or minister on the ground that he is
persona non grata. Similarly a country may request that any
diplomatic official who has been sent to it shall be recalled by his

Page 477

own government and such requests have occasionally been made.
[288]

In addition to diplomatic officials the United Consuls.
States sends and receives consuls. The consular service is
concerned with commercial rather than diplomatic relations; hence
the consuls are stationed, for the most part, at ports of entry. The
functions of consuls are closely related to the development of
American foreign trade and they have been described in an earlier
chapter (p. 373).
Secret and Open Diplomacy.—The traditional policy of the
diplomatic service in all countries has been to do its work in secret.
To some extent this has been necessary, because of the nature of the
negotiations carried on. There are times, of Why secrecy is
course, when the publication of what is going deemed essential.
on in the way of negotiations between different countries would
lead to serious misunderstandings and might cause the negotiations
to be broken off altogether. It is natural, for example, that each
government, when it begins negotiations on any question, should
ask a good deal more than it expects to obtain. Only as the
discussion proceeds through the channels of diplomacy does each
country give way a little and in the end they reach an agreement.
Now, if these negotiations had to be carried on before the eyes of
the whole world an agreement would be very difficult because no
government likes to back down, even slightly, from its original
demands.
So secrecy is in some cases necessary. But there has been too
much of it in the past. Many important matters have been withheld
from public knowledge even after the negotiations have been
finished, and pledges have been made by rulers without informing
their people. It was because of secret The experience of
diplomacy that the various European countries, Europe.
prior to 1914, became enmeshed in a maze of intrigues and semi-
secret alliances which drew them steadily toward the brink of war.
[289]
The United States, happily, has had very little experience with
secret diplomacy. Every treaty or agreement must be submitted to
the Senate and when so submitted it cannot be kept secret. Nothing
can be kept secret after it is laid for discussion before a body of

Page 478

ninety-six men, at least it cannot remain secret very long. The
Senate, moreover, has always insisted on The American
making these agreements public, although the tradition of open
diplomacy.
discussions may be held behind closed doors.
One of the reasons why the government of the United States has
acquired a good reputation for frankness and sincerity in its
relations with other countries is to be found in this avoidance of
secrecy in international agreements. This policy should never be
abandoned.
Treaties.—A treaty is a formal agreement made between two or
more countries and binding upon each. There are many kinds of
treaties, including treaties of peace, treaties of alliance, treaties
providing for reciprocity in trade, for the mutual surrender of
fugitive criminals, postal treaties, treaties of arbitration, and so on.
There are three stages in the making of a treaty, How treaties are
namely, the negotiation, the signature, and the made.
ratification. The negotiations are usually carried on through
members of the diplomatic service, but in the case of important
treaties it is customary to appoint special envoys for the purpose.
When all details have been agreed upon the treaty is engrossed on
parchment and signed by the official representatives of the
respective countries. But it does not go into effect until it is ratified
and, so far as the United States is concerned, this ratification cannot
take place until the treaty has been approved by a two-thirds
majority of the Senate.[290]
Whenever a treaty has been concluded on behalf of the United
States, therefore, it is transmitted by the President to the presiding
officer of the Senate by whom it is referred to the Committee on
Foreign Affairs. This committee, in due course, makes its report to
the Senate whereupon a discussion takes place. The power of the
When the discussion is finished the Senate Senate over treaties.
votes to give or withhold its assent. If it acts favorably, the
President notifies the other government and the treaty becomes
effective; if the Senate rejects the treaty, it fails to go into force.
The Senate, strictly speaking, cannot amend any treaty, but it may
ask the President, and through him the other government, to accept
certain changes. As a rule the Senate has ratified treaties without

Page 479

amendment but it has sometimes insisted on alterations, and on
some notable occasions it has rejected treaties altogether.[291]
American Foreign Policy.—When The roots of
Washington finished his second term as American diplomacy.
President in 1796, he delivered to his countrymen a Farewell
Address in which he gave them some sound advice. Among other
things he pointed out that the primary interests of America were
very remote from those of Europe and advised that the United
States should “steer clear of permanent alliances with any portion
of the foreign world”. Not long afterwards Jefferson reiterated this
principle and urged that the policy of America should aim at
“honest friendship with all nations, entangling alliances with
none”. This attitude of Washington and Jefferson embodied the best
interests of the United States in the early days of the Republic and
undoubtedly reflected the sentiment of the people. In keeping with
this principle of “political isolation” the United States remained
neutral during the European wars which followed the French
Revolution and strenuously endeavored to avoid taking sides in the
struggle between England and France. The United States
government, in 1807, went so far as to shut off all trade with both
these warring countries. But in 1812, the continued violation of
America’s rights as a neutral exhausted the patience of the people.
These rights were violated by France and England alike; the
English violations, however, were the ones which stirred up the
greatest amount of popular resentment. So the United States
engaged in war with England for the maintenance of the principles
of neutrality.
The Monroe Doctrine.—Being resolved not to meddle in the
political affairs of Europe so long as American rights were not
infringed, the United States felt in a position to insist, at the
appropriate time, that Europe should refrain from interference in
the affairs of the Western Hemisphere. The Origin of the
occasion for announcing this principle of doctrine.
“hands off” came in 1823. During the years preceding this date the
Spanish colonies in Central and South America had revolted. They
declared their independence of Spain and drove out the Spanish
authorities, setting up in each case a republican form of

Page 480

government. Spain naturally desired to retain her sovereignty over
these territories and sought assistance of other European countries
for that purpose. There appeared to be a possibility that France,
Austria, Prussia, and Russia—a combination known as the Holy
Alliance—would join with Spain in the subjugation of the revolted
South American territories. The government at Washington became
alarmed over the possibilities of large military and naval forces
being sent across the Atlantic by a coalition of monarchial
countries, believing that this would not only be a blow to the
republican form of rule but a serious danger to the United States as
well. President James Monroe accordingly authorized the issue of a
declaration setting forth the interest of the United States in the
matter.[292]
The salient passages in this declaration are as follows:

“In the wars of European powers in matters relating to
themselves we have never taken any part, nor does it comport with
our policy to do so.... With the existing colonies or dependencies of
any European power we have not interfered and shall not
interfere.... But with the governments which have declared their
independence and maintained it, and whose independence we have
on great consideration and on just principles acknowledged, we
could not view any interposition for the purpose of oppressing
them, or controlling in any other manner their destiny, by any
European power, in any other light than as a manifestation of an
unfriendly disposition towards the United States.... The American
continents, by the free and independent condition which they
assumed and maintain, are henceforth not to be considered as
subjects for future colonization by any European powers.”

This doctrine has remained the cornerstone of American policy
with reference to the countries of Central and South America for
one hundred years. On several occasions it has Its application.
been invoked to protect these countries against armed pressure.
During the Civil War, for example, the French government sent an
army to Mexico and maintained an imperial administration there in
defiance of the Mexican people. While the conflict between North

Page 481

and South continued the government of the United States was
unable to take any firm action in this matter, but in 1866 France
was requested to withdraw her troops from Mexico, which she did.
Again, in 1895, President Cleveland informed the government of
Great Britain that the United States would support Venezuela
against any attempt to settle a boundary dispute otherwise than by
arbitration.
The Monroe Doctrine is not a part of Its status.
international law. It is not even a law of the United States. It never
received the approval of the Senate, which is supposed to be a
check upon the President in deciding the permanent features of
American foreign policy. Its validity has never been formally
recognized either by the countries of Europe or by the states of
South America whom the doctrine immediately concerns.[293] Its
maintenance rests upon the vigilance and strength of the United
States. In guarding the smaller states of the New World against
European aggression the United States is taking what the American
people regard as an essential measure of self-protection.
Is the Monroe Doctrine Obsolete?—We are sometimes told
nowadays that the Monroe Doctrine is behind the times, that we
have outgrown it, and ought to give it up.[294] When the doctrine
was announced, a hundred years ago, the states of South America
were too weak to defend themselves; the various countries of
Continental Europe were governed despotically and maintained
large standing armies. The states of Central and South America,
likewise, were at that time glad to have American protection. But
now, we are told, all this is changed. The Spanish-American states
are strong and able to look out for themselves. They do not want
our guardianship. The nations of Continental Europe, moreover, are
no longer despotisms but republics and limited monarchies. They
have enough problems to keep them employed for the next
generation without interfering in the affairs of the New
Hemisphere. So it has been suggested that the doctrine be given up,
particularly as no one knows exactly what it means at the present
day.[295] But the doctrine is deeply imbedded in the diplomatic
traditions of the American people and there is nothing to be gained

Page 482

by giving it up unless the situation becomes very different from
what it is today.
American Contributions to International Law.—The United
States has rendered signal service in making the rules and usages of
international law more enlightened and more humane. At all times
the American government has been a champion 1. Neutral rights.
of neutral rights and particularly has insisted upon liberal rules
concerning neutral commerce on the high seas. 2. Laws of war.
It has lent its influence to the movement for making the laws of war
more human and for prohibiting all practices which needlessly
endanger the lives of non-combatants. It has stood for freedom of
trade and the “open door”. Among the nations 3. Arbitration.
of the world the United States has been foremost in the advocacy
and use of arbitration as a means of settling international disputes.
In keeping with this policy arbitration treaties have been concluded
between the United States and twenty other countries, each treaty
providing that all disputed questions, of whatsoever nature, shall be
submitted to arbitration if they cannot be adjusted by diplomatic
negotiation, and that no resort to war shall in any event take place
until after the processes of arbitration have been exhausted. At the
Peace Conference which assembled in 1919 4. Recent
after the close of the World War, moreover, it contributions.
was the United States that first put forward in definite form the
plan for a League of Nations. And in 1921 it was the United States
which took the initiative in calling the international conference
which arranged for a great reduction in naval armaments.
General References
Charles A. Beard, American Government and Politics, pp. 315-341; Ibid., Readings
in American Government and Politics, pp. 291-307;
Everett Kimball, National Government of the United States, pp. 540-573;
A. B. Hart, Actual Government, pp. 430-445;
John W. Foster, The Practice of Diplomacy, especially pp. 34-54;
P. S. Reinsch, Readings in American Federal Government, pp. 651-682;
E. S. Corwin, The President’s Control of Foreign Relations, passim;
Gaillard Hunt, The Department of State.

Group Problems
1. The Monroe Doctrine. Is it obsolete? The international situation during the years
1815-1823. The Holy Alliance, its organization and aims. Spain in America. The revolt of

Page 483

the Spanish Colonies. Preliminaries of the declaration. Canning’s suggestion. Scope of the
doctrine as announced. Subsequent applications and extensions. The French in Mexico.
The Venezuela controversy. Present scope of the doctrine. Attitude of Europe toward it.
Attitude of the Spanish-American states. Its value for the future. Conclusion. References:
Hiram Bingham, The Monroe Doctrine: An Obsolete Shibboleth, pp. 3-55; A. B. Hart,
The Monroe Doctrine, pp. 55-83, and passim; A. C. Coolidge, The United States as a
World Power, pp. 95-120; C. H. Sherrill, Modernizing the Monroe Doctrine, pp. 64-76;
C. L. Jones, Caribbean Interests of the United States, pp. 323-351; J. H. Latané, The
United States and Spanish America, pp. 292-334; D. C. Gilman, James Monroe
(American Statesmen Series, Standard Library Edition), pp. 156-174; Theodore
Roosevelt, American Ideals, pp. 220-237; Cyclopedia of American Government, Vol. II,
pp. 456-468; Dexter Perkins, “Europe, Spanish America, and the Monroe Doctrine” in
American Historical Review (January, 1922).
2. The diplomatic service and how it can be improved. References: J. W. Foster,
The Practice of Diplomacy, pp. 34-54; John A. Fairlie, National Administration, pp. 77-
91; E. Van Dyne, Our Foreign Service, pp. 45-113; Cyclopedia of American Government,
Vol. I, pp. 593-595; P. S. Reinsch, Readings on American Federal Government, pp. 651-
658; 675-682.
3. The chief rules of international law; how can their enforcement be ensured?
References: G. B. Davis, Elements of International Law, pp. 19-30; T. J. Lawrence,
Principles of International Law, pp. 119-138; G. G. Wilson and G. F. Tucker,
International Law (7th ed.), pp. 44-60; A. S. Hershey, The Essentials of International
Public Law, pp. 143-169; A. H. Snow, The American Philosophy of Government, pp. 113-
154; 267-283. See also the General References to Chapter XXX.

Short Studies
1. The rights and duties of neutrals. G. B. Davis, Elements of International Law, pp.
376-395 (Rights of Neutrals); pp. 396-445 (Duties of Neutrals).
2. The privileges of diplomats. J. W. Foster, The Practice of Diplomacy, pp. 159-174.
3. How treaties are made. G. B. Davis, Elements of International Law, pp. 223-249.
4. The power of the Senate in relation to treaties. Ralston Hayden, The Senate and
Treaties, especially pp. 169-195; J. W. Foster, The Practice of Diplomacy, pp. 262-283.
5. The Venezuelan controversy. Grover Cleveland, Presidential Problems, pp. 173-
281.
6. Arbitration as a method of settling International disputes. R. L. Jones,
International Arbitration as a Substitute for War between Nations, pp. 218-269; J. W.
Foster, Arbitration and The Hague Court, pp. 39-57; J. B. Moore, American Diplomacy,
pp. 200-222.
7. The Hague Conferences. G. B. Davis, Elements of International Law, pp. 258-263;
519-524; 525.
8. The proposed codification of international law. A. H. Snow, The American
Philosophy of Government, pp. 395-418.

Questions
1. What is international law? Is it properly a system of law? Explain the sense in which
you use the term law in the following expressions: law of gravitation; law of the land; law
of supply and demand; law of fashion.
2. Look up and explain the following terms: belligerent, contraband, unneutral service,
filibustering, blockade, three-mile limit, diplomatic immunity.

Page 484

3. Make a list of (a) the rights of neutrals; (b) the duties of neutrals, and show how each
right involves a duty.
4. Draw up, in the form of a diary, a day’s happenings in the American embassy at
Tokyo, putting down at least six things done by the ambassador during the day.
5. Explain what is meant by secret diplomacy. To what extent has the United States
avoided it and why?
6. Give an account (from your studies in American History) of some important treaty to
which the United States was a party. Tell how it was negotiated, signed, and ratified.
7. Is the principle set forth by Washington and Jefferson concerning the true policy of
the United States in foreign affairs applicable at the present time?
8. Are the following statements true of the United States today:
(a) “In the wars of European powers in matters relating to themselves we have never
taken any part.”
(b) “With the existing colonies or dependencies of any European power we have not
interfered”?
9. What is meant by the saying that “the covenant of the League of Nations does not
destroy the Monroe Doctrine but extends it to the whole world”? Is that statement correct?
10. What seems to you to be the most important among American contributions to
international law?

Topics for Debate
1. All members of the diplomatic service, including ambassadors, should be chosen
under civil service rules.
2. A majority vote in the Senate should be made sufficient for the ratification of treaties.
3. It would be a violation of the Monroe Doctrine if Great Britain were to sell the island
of Jamaica to Germany.

Page 485

CHAPTER XXX
THE UNITED STATES AS A WORLD POWER

The purpose of this chapter is to answer the question: What are the relations of the United
States to the rest of the world?

The Old Policy of Isolation.—For more than one hundred years
it was the settled policy of the United States to keep aloof from all
entanglements in the affairs of the rest of the world. This tradition
of aloofness was given a definite form by The doctrines of
Washington, who solemnly warned his Washington Jefferson.
and

countrymen against getting mixed up in the
“ordinary” conflicts of European states, and it was subsequently
endorsed by Jefferson.[296] Yet even in Jefferson’s own
administration it became apparent that if the United States intended
to carry on trade with all parts of the world, the government must
intervene for the protection of its own citizens whenever this
should become necessary. So, in 1803, the American fleet was sent
to the Mediterranean, where it bombarded a nest of pirates who had
been interfering with American commerce. Then came the War of
1812, which grew out of foreign interference with American trade.
On several subsequent occasions during the nineteenth century the
policy of protecting and promoting foreign trade drew the United
States into negotiations with various countries of Europe and Asia.
In a sense, therefore, the United States has never pursued a policy
of complete isolation; on the other hand no permanent alliances
have been made with any country, and the principle of
independence in all matters of foreign policy has been consistently
maintained. So far as diplomatic matters did not directly concern
North, Central, or South America, the statesmen of the world could
safely leave the United States out of their reckonings during the

Page 486

greater part of the nineteenth century. In diplomacy the United
States belonged, so to speak, to a different world.

THE SPIRIT OF LIGHT. By Edwin A. Abbey

Copyright by Edwin A. Abbey. From a Copley Print, copyright by
Curtis & Cameron, Boston. Reproduced by permission.

THE SPIRIT OF LIGHT

By Edwin A. Abbey
From a mural painting in the Pennsylvania State
Capitol at Harrisburg.
This is a very striking picture, one of the artist’s
best. In the background are the huge derricks which
lift the oil from the bowels of the earth. In front of
them golden-haired figures, robed in gauze with torch
in hand, are swirling upward in joyous energy like a
swarm of fireflies.

Page 487

In making this picture the artist took infinite pains.
Each figure was first drawn from a living model.
Each was then photographed and by the use of a
lantern the figures were projected upon the canvas
where they were manœuvred into place for the artist’s
guidance. The whole picture is successful in
conveying the impression of spontaneity combined
with lightness and grace.

Why Isolation was Possible.—This substantial isolation was
made possible for more than a hundred years by three features. The
first is the favored geographical position of the 1. The fortunate
country. The United States, as a strong nation, geographical position
of the United States.
has stood alone in the Western Hemisphere.
Her only neighbors were European colonies and the struggling
states of Latin-America. So long, therefore, as the powerful nations
of Europe could be held at arm’s length there was no reason why
the United States should give much thought to problems of
defence, alliances, and diplomacy. Nature gave the United States an
advantage in this respect which is not possessed by any other
strong nation with the exception of Japan. Countries like England,
France, and Germany could not have pursued a policy of isolation
even if their people had desired it, for they are too close to each
other.
In the second place the United States was 2. The abundance of
encouraged to hold aloof from the older land.
countries of the world by the fact that there was plenty of room for
expansion at home. For a hundred years there was no need to go
abroad seeking new territories. It took the United States a whole
century to develop and populate the solid block of country which
extends from the Atlantic to the Pacific. When other countries
desired places of overflow for their population and new fields of
investment for their capital, they engaged in a race for colonial
possessions. The United States had no such need or ambition; there
was quite enough opportunity at home.

Page 488

Finally, the traditional policy of isolation 3. The absence of
was made possible by the good fortune which European
intervention.
prevented European interference at critical
times, notably during the American Civil War, when there was
serious danger that Great Britain and France might combine to aid
the South. If that had actually happened, it is not unlikely that
Russia would have come to the aid of the North, and the Civil War
would then have developed into a world conflict. In that case
American isolation would have ended more than a half century ago.
But good fortune, aided by competent diplomacy, enabled the
United States to settle its own troubles without foreign interference
and to continue the traditional policy of incurring no obligations to
any other country. In a word there was the will to keep aloof and,
what is quite as important, the opportunity to do it.[297] From the
War of Independence down to the year 1917 the United States
entered into no military alliance or association with any other
country; when the American armies fought, they fought alone.
America’s Entry into the World War.—The World War created
a situation which the United States had never faced before. All
Western Europe burst ablaze; one country after The old policy of
another was drawn in; and hostilities soon isolation
end.
comes to an

spread beyond the borders of the Old
Continent. From the outset the United States endeavored to
maintain a strict neutrality; but American commerce was subjected
to interference by the belligerents on both sides. Particularly
offensive to the United States, however, was the German practice
of sinking without warning passenger vessels upon which
American citizens were traveling. The torpedoing of the British
liner Lusitania, and the consequent loss of many American lives,
stirred public opinion throughout the United States. This and other
offences against the law of nations moved President Wilson to
demand from the German government a pledge that the practice of
sinking vessels without warning should cease, and this pledge was
conditionally given. Early in 1917, however, the German
government decided to inaugurate, as a desperate stroke, a
campaign of “unrestricted submarine warfare”, and the government
of the United States was informed that even neutral vessels, unless

Page 489

they observed certain strict precautions, would be torpedoed
without warning.
This action settled the matter of America’s continued neutrality.
Diplomatic relations with Germany were The declaration of
broken off and in April, 1917, Congress passed war in 1917.
a declaration of war. The events of the next eighteen months are
still fresh in everyone’s mind. America entered the struggle with a
determination to turn the scale, and on November 11, 1918, the
German military authorities were brought to terms. By signing an
armistice they acknowledged defeat and agreed to terms dictated by
the Allied and Associated Powers.
The Fourteen Points.—Some months before the signing of this
armistice President Wilson, in an address to Congress, set forth the
principal aims of the United States in the war. These aims were
grouped under fourteen heads and soon came to be known as the
Fourteen Points. Every one of them had to do with matters which,
prior to the war, would have been deemed of no immediate concern
to the United States. Taken as a whole, however, they outlined the
principles upon which, in President Wilson’s opinion, a durable
peace could be erected and the future security of the world
maintained. The German government, in asking for an armistice,
declared its acceptance of these principles.
The Treaty of Versailles.—After the armistice had been signed
on behalf of the various belligerents a conference was convened at
Versailles to draw up a definite treaty of peace. This conference
included delegates from the countries which had shared in the
winning of the war. Germany and her allies, the vanquished, were
not represented. For several months the conference wrestled with
the problems involved in the making of a treaty—the
rearrangement of boundaries, the recognition of new states, the
disposal of German colonies, the payment of reparations, and, most
difficult of all, the forming of a league of nations to prevent future
wars. When the work was finished the German representatives
were called in and were required to sign the treaty substantially
without any changes. The treaty was then communicated to the
various countries to be ratified and in due course it was ratified by
all the important countries except the United States.

Page 490

The New World Order.—The war and the Why isolation is no
changes which accompanied it served to alter longer possible:
the whole world environment. America was brought into more
intimate contact with Europe than ever before. Even before the war,
however, it had become apparent that the traditional policy of
isolation could not be permanently maintained. To all intents and
purposes the world has become much smaller in these latter days.
In point of miles America is just as far away from Europe as ever,
but a thousand miles count for less nowadays than did a hundred in
our great-grandfathers’ time. During the summer of 1918 the
United States transported to Europe in less than four months a
million men. Fifty years ago that would have been deemed to be an
utterly impossible achievement. The fast 1. The annihilation of
steamship of today can cross the ocean in a distance.
hundred hours; in Washington’s time the fleetest sailing-ships could
not skim the Atlantic in less than three weeks on the average. The
time is soon coming, in all probability, when men can be in London
one day and in New York the next. This is not a mere dream; it is
well within the range of possibilities. So we can no longer talk of
geographical isolation. The progress of mankind has virtually
annihilated distance.
Again, the United States is no longer, as in 2. The acquisition of
the old days, devoid of tangible interests in overseas possessions.
distant parts of the earth. Beginning in 1898, Porto Rico, the
Philippines, and Guam were acquired from Spain, and Hawaii was
annexed. Later the Panama Canal was built and a zone of territory
on both sides of it acquired. More recently, the Virgin Islands were
purchased from Denmark. All this has involved a departure from
the traditional policy of acquiring local interests only. It has given
America, in the case of the Philippines, an outpost several thousand
miles away. Whatever, therefore, concerns the Malay Archipelago
or, indeed, any part of the Far East, concerns the interests of the
United States. Isolation is no longer possible because the United
States has surrendered, in this case at any rate, the geographical
advantage of isolation.
Finally, during the past few years, the 3. The acquisition of
relation of the United States to the rest of the interests
war.
through the

Page 491

world has been changed by reason of the interests acquired through
the war. The fact that the Treaty of Versailles did not receive the
approval of the Senate does not in any way impair the rights and
interests which the United States acquired as one of the victors in
the war. Those interests, obtained at great sacrifice and
acknowledged by Germany in the separate treaty which the United
States made with that country in 1921, are spread over virtually the
entire world. They are of incalculable value, present and future. No
policy of isolation is now possible unless the country is ready to
abandon these privileges altogether, and, for reasons which will
presently be stated, the surrender of these various American
interests is out of the question. In the new world order the United
States cannot hold off from the rest of the world. The policy of a
nation is determined by what it regards as its own vital interests.
The New American Interests.—Some Wide scope of these
important interests in various parts of the world interests.
were acquired by the United States before the war; others have
been obtained or intensified as a result of it. The scope and nature
of these interests may best be explained, perhaps, by grouping them
under four main heads, according to their general geographical
location, namely, Europe, Central and South America, the Far East,
and the Near East. It is not possible to arrange them in the order of
their relative importance, for only the future can determine what
this order of importance may turn out to be. Certain it is, however,
that in all four world-areas the interests of the United States are of
vast consequence not only to the American people but to the cause
of world peace and prosperity. Above and beyond all, moreover, is
the vital interest of America in the maintenance of international
amity. Apart from the loss of life, America’s participation in the
World War cost the country, directly and indirectly, more than thirty
thousand million dollars. That is indeed a heavy price to pay for
helping to settle a quarrel which the United States had no part in
promoting. It surely requires no argument to prove that America
has a vital interest in avoiding another such calamity.
America and Europe.—The war resulted in America’s interests
placing Great Britain, France, Italy, and the now extend to
everything that may
other victorious countries of Europe under threaten peace.

Page 492

heavy obligations to the United States. To a certain extent these
obligations are sentimental; in return for America’s help towards
winning the war the other victorious countries are under a natural
obligation to give the United States an adequate share in
determining the permanent conditions of peace. This they have
been willing to do; but it involves responsibilities which the United
States has shown no great willingness to accept. The old tradition
of non-interference in strictly European affairs is still strong and
this has led the American government to distinguish, wherever
possible, between questions of local and of world-wide concern.
The distinction, however, is practically impossible to make. The
boundaries of some small European state may seem to be a matter
of no concern at Washington; but if a disagreement over this
question should bring once more a general European clash of arms,
the importance of the issue would speedily be recognized. So long
as the general preservation of world-peace is among the primary
interests of the United States, as it seems bound to be, no menace to
peace, anywhere, at any time, can be lightly regarded by the people
of America.
The Loans to Associated Nations.—But the war did not result
in the creation of sentimental obligations only. Obligations of great
importance and a tangible nature on the part of Europe to America
grew out of it. During the conflict the United States loaned large
sums of money to Great Britain, France, Italy, Russia, and the other
Associated Powers.[298] These loans were made generously, in the
midst of a grave emergency; but nothing definite was arranged as
to when or how they should be repaid. In view How the loans were
of the disorganized conditions in Europe made.
created by the war no request for the payment of interest was made
by the United States during the conflict or for some years after its
close. In 1922, however, Congress authorized the President to
appoint a commission of five persons to arrange with the European
countries for the funding of the debts by the issue of bonds. These
bonds will be given to the United States.
Now it must be reasonably clear to anyone who gives the matter
a moment’s thought that until these bonds are paid off by the
various European countries (which will be thirty or forty years

Page 493

hence) the United States will be vitally interested in what
Washington called the “vicissitudes” of the Old World. America, in
effect, holds a mortgage on Europe, and it is America’s mortgage
the practice of mortgage-holders to keep a on Europe.
sharp eye on their invested funds. Great Britain, France, and the
other debtor countries expect to redeem these loans, in considerable
part, out of reparation payments made to them by Germany. If
Germany does not pay them, it will be much harder for them to pay
America.[299] In this roundabout way, therefore, the United States
has acquired a tangible interest in the pledges made by the German
government.
America’s Interest in the Industrial Reconstruction of
Europe.—The sum total of America’s interest in the peace and
prosperity of Europe is not represented, however, by these ten
billion dollars of loans. The commercial relations of the two
continents have become so intimate that whatever is an injury to
the one is a detriment to the other. Europe is America’s best
customer. Our exports there are greater than to all the rest of the
world put together. The farmer, the cotton Importance of Europe
grower, the manufacturer—all depend in part as a market.
upon the European market. There is not sufficient demand at home
for all the foodstuffs, materials, and manufactured goods which the
United States can now produce. The European market, however,
has been broken down as the result of the long conflict and it is
greatly to the interest of the United States that it should be built up
again. This can only be done by keeping the world at peace until
the damage done by the war has been repaired. For that commercial
reason, if for no other, the United States cannot well afford to
remain entirely isolated from the rest of the world.
The United States and Latin-America.—The relations of the
United States with most of the Latin-American states have been at
all times friendly. We have never been at war with any of them
except Mexico. When these various countries revolted against
Spanish control about a hundred years ago, the people of the
United States, remembering their own experience, were in
sympathy with them. The announcement of the Monroe Doctrine
was regarded by Latin-America as an act of friendliness. And for

Page 494

more than a century since that time the United States has served as
a protector to the sister republics of the southern continent. When
the War with Spain began in 1898 Congress announced that the
United States had no intention to annex Cuba and this pledge, at the
close of the war, was kept. Cuba was given her independence.
Naturally this evidence of good faith made a strong and favorable
impression upon the Central and South American states.
With Mexico, however, relations have not Relations with
been cordial for several years. Ever since the Mexico.
invasion of their country by an American army in 1846 the
Mexican people have been suspicious of American aggression; but
the relations between the two governments remained cordial
enough so long as President Diaz continued in power south of the
Rio Grande, which was from shortly after the close of the
American Civil War until well into the twentieth century. Diaz
ruled Mexico in the fashion of a dictator; but he kept the country
peaceful as well as on good terms with the outside world. Since the
expulsion of Diaz the Mexicans have had several changes in the
presidency and for ten years the government has been denied
recognition by the United States. The successors of Diaz have
professed their desire to place the government of the country on a
truly democratic basis and to some extent they have succeeded in
doing so; but they have not managed to maintain order and justice
with a firm hand. Twice during the past decade it has been deemed
necessary to send American troops into the country. The
government of Mexico is republican in form, but elections have
not, as a rule, been fairly conducted. The leaders who have control
of the government try to manipulate the elections so as to maintain
their own hold upon the country, and they usually succeed.
Between Mexico and the United States there The situation today.
are today no questions of great importance in dispute. The United
States is ready to recognize the existing government of Mexico but
only upon condition that certain pledges are made in writing. These
include assurances that payments will be made by Mexico as
compensation for the lives and property of American citizens
destroyed during the troubles of the past ten years; that there shall
be no confiscating of property without legal reason in the future;

Page 495

and that payments of interest on Mexico’s foreign obligations shall
be resumed. These do not appear to be unreasonable conditions.
There are large American investments in Mexico, particularly in
the oil and mining districts. Some of those who hold these
investments would like to see the United States intervene by force
of arms, but it is quite unlikely that there will be anything of the
kind unless all other means of securing the rights of Americans in
Mexico prove unavailing. The United States has a certain moral
responsibility for the good behavior of Mexico, even though the
Mexican government may not recognize the existence of such an
obligation. If the Monroe Doctrine gives the Mexico and the
United States the right to keep European Monroe Doctrine.
countries from interfering in Mexican affairs, even when their
citizens have been wronged, it may also be said to carry the duty of
seeing that Mexico does not abuse this protectorship.
In the region of the Isthmus the interests of Panama.
the United States are especially important because of the Canal.
The Panama Canal is not only of commercial but of military value
to the United States, and no serious disturbance of the peace in this
section of Central America can well be tolerated.
Many years ago the United States The Pan-American
government made the suggestion that from Congress.
time to time a Pan-American Congress made up of delegates from
all the republics of the New World should be held to discuss
matters of common interest. The suggestion was accepted and
several Congresses have been held during the past three decades.
There has also been established at Washington a Bureau of
American Republics whose function it is to carry out the
resolutions of each Congress and to spread information concerning
the common interests of all the countries.
The United States and the Far East.—In ordinary usage the
term “Far East” includes the Japanese and Chinese empires, Siberia
and the other Russian territories to the north of China, and the
Malay Archipelago to the south. Until a quarter of a century ago the
interests of the United States, whether political or commercial,
were relatively small in this part of the world. The Philippines.
But the acquisition of the Philippines and the growth of American

Page 496

trade with the Orient have combined to alter the situation. Another
factor which has impelled the United States to pay greater attention
to the Orient today is the progress of Japan. The rapid growth of
this empire in military and naval strength means that the United
States has a rival for the mastery of the Pacific. During the
nineteenth century the eyes of America were turned entirely
towards Europe; in the twentieth they will have to be turned
towards Asia as well.
Apart from affairs in the Philippines the China and Japan.
problems of the Far East, so far as the United States is concerned,
center around two present-day international phenomena, the
weakness of China and the strength of Japan. China is a vast
country with at least three or four times the population of the
United States. Although nominally a republic its government is
weak, inefficient, unable to exercise firm control over all parts of
the country, and without effective means of national defence. Quite
naturally, therefore, China offers a temptation to any strong country
desiring exclusive trade advantages for itself. Her nearest neighbor,
Japan, would speedily be able to secure entire control of the
Chinese Republic and make China a vassal state were it not for the
deterring influence of the other great powers of the world.
In 1899, after the close of the Spanish War, the government of
the United States addressed a note to all the great powers urging
that they agree to seek no further special trade advantages in China,
that the integrity of Chinese territory be preserved, and that the
principle of “equal and impartial trade” should be adopted. To this
suggestion all the powers agreed. This policy The “open door.”
thus accepted has become known as the policy of the “open door”,
and until the outbreak of the World War it was substantially
followed, except that the various powers retained the commercial
advantages that they had already acquired.
During this war, however, Japan attacked and captured Kiao-
Chao, a port which had been leased by China to Germany for a
long term of years, and this territory the Japanese continued to hold
after the war was over. Not until the Washington conference of
1922 did Japan agree to give it up. In 1918, Recent
moreover, the government of Japan made a list developments.

Page 497

of twenty-one demands upon China for special privileges, and
although some of these demands were later modified or withdrawn
entirely, several important privileges were wrung from the Chinese.
In connection with these negotiations the United States government
gave assurance in the so-called Ishii-Lansing agreement that the
United States would recognize the “special interest” of Japan in
Chinese affairs. It is avowedly the policy of Japan to acquire, if she
can, the same predominance in Asia that the United States has
exercised in North and South America.
The Conference on Pacific Problems. Regarding it as highly
desirable that all controversies affecting the Far East and the
Pacific should be amicably settled, thus forestalling the growth of
large naval armaments on both sides of the Western ocean,
President Harding in the summer of 1921 proposed that the
Washington conference should discuss these questions and should
endeavor to secure a satisfactory solution of them. The conference
did so, and embodied the results of its The Washington
negotiations in certain agreements, particularly conference.
in what is commonly known as the “Four Power” treaty. By the
terms of this treaty the United States, Great Britain, France, and
Japan mutually agree to respect the integrity of each other’s
possessions in the islands of the Pacific.[300] The nations represented
at the conference also agreed to refrain from the erection of
fortifications in certain places now unfortified.
Out of the negotiations at Washington, moreover, came the
agreement on the part of Japan to restore Kiao-Chao and the
adjacent province of Shantung to China. First and last, therefore,
the Washington conference succeeded in promoting an amicable
agreement on most of the questions at issue. It did not, however,
take up the question of Japanese immigration to the Pacific Coast
of America, nor did it discuss the grievances of the Japanese
immigrants already there. These matters are left for further
negotiation through the regular diplomatic channels.
America and the Near East.—The expression “Near East” is
commonly regarded as including the areas which lie at the eastern
end of the Mediterranean and thereabouts; it comprises Turkey,
Armenia, Syria, Palestine, Arabia, Mesopotamia, and other

Page 498

territories in the same general region. As a result of the war the
Turkish Empire has been disintegrated; most of its territories have
been virtually placed under the control of Great Britain, France,
Italy, and Greece through the instrumentality of mandates (see p.
636). The United States was offered the mandate for Armenia, but
declined to accept it.
Now some of these territories are rich in The oil question.
natural resources. Mesopotamia, for example, is known to possess
extensive oil fields. The question arises, therefore, whether the
European countries which hold the mandates are to have the lion’s
share of this natural wealth. And it is a question of considerable
importance when one bears in mind the fact that the oil fields of the
United States will probably be exhausted before many decades
have passed (see p. 330). The direct interest of the United States is
less immediate, perhaps, than in the other areas (Europe, Central
and South America, and the Far East), but it is sufficiently vital to
deserve mention.
The Wide Scope of America’s Interests.—From this brief and
general survey some idea of the scope of American interests can be
gained. But the preceding paragraphs have not listed them all. The
people of the United States have a sentimental interest in many
foreign problems where no economic considerations are at stake.
Ireland is an example. America’s interest in a just and peaceful
settlement of the Irish question is not inspired by economic
motives. It arises in large part from the sentimental desire to see a
people, with whom there are close ties of kinship, attain
contentment and prosperity. So with Poland and the new Slavic
countries of Continental Europe. America would regret to see them
lose a status of independence which was gained at so great a
sacrifice.
There is no part of the world, in fact, to which the interest of the
United States, direct or indirect, sentimental, political, or economic,
does not now extend. The enormous strength and prestige of
America, as disclosed during the war, have made a profound
impression in every part of the globe and have given the United
States a potent influence upon the destinies of mankind. The United

Page 499

States has become a world power of the first order. Whether the
American people like it or not, that inexorable fact remains.
General References
A. T. Mahan, The Interest of America in International Conditions, pp. 127-185;
W. E. Weyl, American World Policies, passim;
A. C. Coolidge, The United States as a World Power, pp. 95-120;
C. E. Jones, Caribbean Interests of the United States, pp. 148-192;
J. H. Latané, America as a World Power, pp. 255-268; Ibid., From Isolation to
Leadership, pp. 3-39;
H. H. Powers, America Among the Nations, pp. 197-239;
W. A. Dunning, The British Empire and the United States, pp. 357-371;
A. B. Hart, Foundations of American Foreign Policy, pp. 1-52;
Woodrow Wilson, State Papers and Addresses, pp. 464-479;
P. S. Reinsch, World Politics, pp. 327-362.

Group Problems
1. How the United States became a world power. Early relations with Europe. The
Monroe Doctrine. The opening of Japan. The war with Spain and the new acquisitions.
John Hay and the “open door.” The World War and its aftermath. Scope of American
interests today. References: J. H. Latané, America as a World Power, pp. 3-28; 63-81;
Ibid., The United States and Latin America, pp. 61-291; A. C. Coolidge, The United
States as a World Power, pp. 121-147; J. W. Foster, American Diplomacy in the Orient,
pp. 399-438; W. M. Fullerton, Problems of Power, pp. 11-43; P. S. Reinsch, World
Politics, pp. 309-336.
2. How foreign trade affects the national welfare. Foreign trade and national
prosperity. Foreign trade and world power. “Dollar Diplomacy.” Trade and imperialism.
References: C. M. Pepper, American Foreign Trade, pp. 3-32; 62-89; 110-139; J. D.
Whelpley, The Trade of the World, pp. 391-425; A. J. Wolfe, Theory and Practice of
International Commerce, pp. 495-522; C. L. Jones, Caribbean Interests of the United
States, pp. 1-16; L. C. and T. F. Ford, The Foreign Trade of the United States, pp. 1-27.
3. How the building of the Panama Canal extended American interests abroad.
References: Lincoln Hutchinson, The Panama Canal and International Trade
Competition, pp. 46-97; F. A. Ogg, National Progress, pp. 246-265; A. B. Hart, The
Monroe Doctrine: An Interpretation, pp. 340-348; W. M. Fullerton, Problems of Power,
pp. 300-315.
4. The open door in China. What it means. Obstacles in its way. References: K. K.
Kawakami, Japan in World Politics, pp. 117-166; J. H. Latané, America as a World
Power, pp. 100-119; W. W. Willoughby, Foreign Rights and Interests in China, pp. 245-
266; A. B. Hart, The Monroe Doctrine: An Interpretation, pp. 282-298; W. R. Thayer,
The Life and Letters of John Hay, Vol. II, pp. 231-249; A. C. Coolidge, The United States
as a World Power, pp. 327-374; K. K. Kawakami, Japan and World Peace, pp. 160-196;
John Dewey, China, Japan, and the United States (New Republic Pamphlets, No. 1).

Short Studies
1. Pan-Americanism. What it means. R. G. Usher, Pan-Americanism, pp. 203-231; J.
V. Noel, The History of the Second Pan-American Congress, pp. 9-30; Pan-American
Union, Bulletins, March, 1911.

Page 500

2. The United States as an international policeman. Theodore Roosevelt,
Autobiography, pp. 543-553; D. C. Munro, The Five Republics of Central America, pp.
227-264; A. B. Hart, The Monroe Doctrine: An Interpretation, pp. 223-242.
3. Our Mid-Pacific possessions. E. J. Carpenter, America in Hawaii, pp. 192-251; J.
M. Callahan, American Relations in the Pacific and the Far East, pp. 114-145.
4. World competition for oil. F. A. Talbot, The Oil Conquest of the World, pp. 17-34;
F. R. Kellogg, The Mexican Oil Situation (in Clark University Addresses, Mexico and the
Caribbean, pp. 54-72).
5. The United States in Panama. C. L. Jones, Caribbean Interests of the United
States, pp. 193-228; Ralph Page, Dramatic Moments in American Diplomacy, pp. 227-
259; Theodore Roosevelt, Autobiography, pp. 553-571.
6. America’s interest in China. W. E. Griffin, America in the East, pp. 203-225; B. A.
Robinson, America’s Business Opportunity in China (in Clark University Addresses,
Recent Developments in China, pp. 237-255; also Clark University Lectures, China and
the Far East, pp. 95-119).
7. The United States and the Latin American republics. J. H. Latané, America as a
World Power, pp. 269-284; C. E. Jones, Caribbean Interests of the United States, pp. 106-
124.
8. Isolation as an American policy. A. B. Hart, Foundations of American Foreign
Policy, pp. 1-52; J. H. Latané, From Isolation to Leadership, pp. 3-53.
9. America’s maritime power. E. N. Hurley, The New Merchant Marine, pp. 122-
166; A. T. Mahan, The Interest of America in Sea Power, pp. 3-27.
10. America’s interest in the reconstruction of Europe. D. J. Hill, The Rebuilding of
Europe, pp. 236-282; Walter Weyl, The End of the War, pp. 50-72; R. S. Baker, What
Wilson Did at Paris, pp. 3-35.

Questions
1. Give reasons why a policy of isolation was possible during the first three-quarters of
the nineteenth century.
2. Was the entry of the United States into the war in 1917 in keeping with American
traditions or a departure from American traditions? Give your reasons.
3. Look up the Fourteen Points. Indicate the ones which were incorporated in the Treaty
of Versailles. Name the ones which were not so incorporated.
4. Explain why America is interested in the reconstruction of Europe. How can this
reconstruction be best aided by the United States?
5. It has been suggested that the loans made by the United States to European countries
ought to be canceled. Why is this proposal made and what is your opinion of it?
6. What policy do you think the United States ought to pursue toward Mexico? Has the
United States any responsibility for the good behavior of Mexico towards European
countries? Why or why not?
7. To what extent should America insist upon the maintenance of the “open door” in
China? Has Japan a special interest in the Orient similar to that of the United States in the
Western Hemisphere?
8. What did the Washington Conference accomplish? Why did it not accomplish more?
9. Was the United States wise or unwise in declining to accept any mandates from the
League of Nations?
10. Does the strength and prestige of America entail any responsibilities of leadership?
If so, give some idea as to how these can be carried out.

Topics for Debate

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1. The United States should maintain the Monroe Doctrine.
2. The United States should recognize a Japanese “Monroe Doctrine” in the Far East.
3. The United States should not participate in international conferences dealing only
with European questions.

Page 502

CHAPTER XXXI
THE UNITED STATES AND THE LEAGUE OF NATIONS

The purpose of this chapter is to describe the relations of the United States to the most
ambitious experiment in government that the world has ever attempted.

The Desire to End War.—Since the dawn of human history
mankind has been divided into independent tribes and nations
ready to hurl themselves upon one another in warfare. No mind can
comprehend the immeasurable suffering which war has brought
upon the human race during the past three thousand years. From
the days when the Assyrian charioteers crushed their enemies under
horse and wheel to those tragic years of yesterday when the
hospitals of Europe were filled with the victims of high explosive
shells and poison gas,—in all this long interval there has been no
cessation of warfare among men and no era of peace on earth.
Small wonder it is, therefore, that in the anguish of the World
War men of all races should have cried out for some such
settlement as would put an end to war and all its horrors forever.[301]
Soldiers in the ranks called it a “war to end The cry for a
war“ and gave up their lives unflinchingly in permanent peace.
the hope@@ that future generations would be spared a repetition
of the world-wide misery. But how might such a blessing be
obtained for future generations of mankind? That was one of the
great problems which the soldiers bequeathed to the statesmen.
Can this Desire be Realized?—Now it is How strife between
believed by many that war can never be individuals diminished.
has been

permanently abolished except by applying to
nations a principle which men have applied to themselves as
individuals, that is to say, by establishing an organization whereby
all controversies can be settled without resort to force. Treaties of

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amity and arbitration among nations are valuable so far as they go;
but so long as there is no high authority with power to administer
justice between nation and nation each must look to its own self-
preservation. This means that each feels obliged to regard war as a
possibility and to be prepared for it. Without sufficient assurance
against the possibility of war it is idle to expect that nations will
wholly disarm. And when interests clash and the passions of men
are aroused they will use the weapons which are at hand.
The primary motive of those who urged the The motive behind
formation of a League of Nations was the the League of
Nations.
desire to avoid war by substituting another
method of adjusting disputes, but they also hoped that such an
organization would enable the vast sums hitherto spent each year
on warlike preparations to be applied to the development of
industry and commerce, to education, to the protection of the
public health, to the betterment of labor conditions, and to
promoting all the arts of peace. They harbored the hope, moreover,
that great constructive tasks which are beyond the power of any
one nation to accomplish might be achieved by the nations of the
world in co-operation. As an ideal it is truly great. The Italian poet,
Dante, dreamt of it six hundred years ago. Perhaps we can best
appreciate what the realization of such an ideal would mean to the
world by glancing for a moment at what tribulations the world
passed through during the course of a single century, from 1814 to
1914.
The Great Wars of a Century Ago.—A little more than a
century ago the various nations of Europe engaged in a long and
exhausting war. First and last all the chief countries of the world
were drawn into it. The chief cause of this How the Napoleonic
great struggle was the ambition of Napoleon, Wars failed to
eliminate the causes
who sought to make France dominant in the of war.
political affairs of Europe and by his
aggressions finally managed to array all the other leading nations in
an alliance against him. When France was finally vanquished by
the combined efforts of England, Prussia, Russia, Austria, and
Spain, a congress of the nations was held at Vienna to determine
the detailed arrangements by which the future peace of the

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continent might be preserved, and after prolonged discussions this
congress agreed upon a general settlement. The principal motive
which actuated the delegates at the Congress of Vienna was that of
strengthening the four powers to whom the overthrow of France
had been chiefly due, thus establishing a combination which would
be able to impose its will upon the rest of the continent in the
interests of peace. Great Britain, Prussia, Austria, and Russia
dominated the congress and for some years after 1815 virtually
remained in a quadruple alliance to see that the terms of peace were
observed. But the Congress of Vienna took no action in the way of
establishing a league or confederation to which all the nations,
great and small, should be admitted. It left the peace of Europe in
the hands of four powerful states with the hope, a futile hope it
turned out to be, that these four states would agree among
themselves.
The Rise of the Alliances.—The map of Europe, as rearranged
by the Congress of Vienna, paid no attention to the right of self-
determination. Territories were taken from one state and given to
another without reference to the desires of their inhabitants. The
chief aim was to strengthen the powers that had won the war,
giving each of them boundaries that could be easily defended. The
interests of military defence, not those of nationality, prevailed.
Because of this action the congress left many The rivalries of the
openings for friction and jealousy among the nineteenth century.
various states, yet provided no regular means whereby disputes
could be adjusted. In the course of time, moreover, the interests of
the four great powers which dominated the work of the congress
drew apart. England preferred to hold aloof from the diplomatic
intrigues of the continental states, devoting her energies to the
upbuilding of an empire in other parts of the world. France,
moreover, regained her old-time strength and once more became
recognized as one of the leading European powers. Italy, which had
been left by the Congress of Vienna a mosaic of small independent
states, eventually achieved its unity, and the kingdom of Prussia
expanded into the German Empire. Thus, the four great powers of
1815 grew to six before the end of the nineteenth century—Great
Britain, Russia, Austro-Hungary, France, Italy, and Germany.

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With these six great states progressing side by side, ambitious
for power and jealous of one another, it was inevitable that
alliances and counter-alliances should be formed. These
combinations took many twists and turns during the diplomatic
manoeuvres of the nineteenth century, but in the end the six leading
nations of Europe gravitated into opposing camps. The first, known
as the Triple Alliance, included Germany, Austro-Hungary, and
Italy. The second, commonly called the Triple Entente, was made
up of Great Britain, France, and Russia. These alliances were based
upon treaties or understandings of which certain portions were
made public and the rest kept secret.
The Balance of Power.—For many years The “armed peace.”
the preservation of European peace rested upon the observance of a
principle known as the “balance of power”. This principle is not
easy to define, but in general it meant that no single state or
combination of states should be allowed to become strong enough
to outweigh a rival state or its combination. The balance could
never be exact because some states, by virtue of their more rapid
increase in population and prosperity, were always outrunning
others, hence the situation developed into a race wherein each
group of powers sought to strengthen itself by bringing smaller
states into its circle, by welding its members more closely together,
and by the creation of great armaments. The purpose of the
alliances, based upon the principle of balance of power, was not to
prevent war but rather to prevent any state from being attacked by a
combination of other states and having to defend itself single-
handed. Under the terms of the Triple Alliance and the Triple
Entente it remained quite possible for single states to go to war and
fight it out alone; but both alliances protected their members
against combined attacks. In a word, the situation became such that
any war, wherever it might start, was very likely to become a
general war.
The Realignments of 1914-1918.—On the The nations in the
outbreak of the World War in 1914 the Triple recent war.
Entente held together, but the Triple Alliance was weakened by the
action of Italy in refusing to be drawn into a cause which the Italian
people did not approve. Italy, a little later, joined with France,

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Great Britain, and Russia. Meanwhile Japan had also taken the side
of these allies and eventually the United States became associated
in the war with them. Thus the Triple Entente developed into a
powerful allied combination including not only the five powers
named but many smaller states as well. Before the close of
hostilities twenty-five states had declared war upon the German
government. Germany and Austro-Hungary, the remaining states of
the Triple Alliance, had the aid of two other states only, Turkey and
Bulgaria. The course of events showed, therefore, that not only
were alliances ineffective in preserving the peace but that they
actually helped to extend the area of conflict over a whole
continent.
The War to End War.—When the United States, after long
hesitation, decided to throw its strength on the side of the Allies,
one of the chief actuating motives was the desire to see the struggle
settled in such a way that there would never be another great war.
As the spokesman of the American people, Idealism in this war.
President Wilson repeatedly declared that out of the war some
general agreement and league for the permanent preservation of
world peace must come. In this he undoubtedly reflected the
sentiment not only of his own country but of the great masses of
the people in the other warring states as well. Everywhere there had
been going on, practically throughout the world, a popular agitation
for the establishment of some general covenant which would make
future wars impossible. It was now felt that the balance of power
was gone, that individual treaties among nations were not sufficient
protection, and that something more effective must be found. There
was no great difference of opinion as to the ideal. It was welcomed
everywhere. The problem was how to translate the ideal into a
reality. This task President Wilson believed to be the most
important and yet the most difficult among all the problems of
peace-making. To help with its solution he took the highly-unusual
course of himself attending the conference which was held at Paris
to determine the conditions of peace.
The Framing of the Covenant.—When the How the League was
members of this conference assembled it was brought into
existence.
agreed, after some deliberation, that a

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commission should be appointed to prepare a plan for a League of
Nations and that this plan, when accepted by the conference,
should become an integral part of the peace treaty. This latter point
was particularly insisted upon by President Wilson and was agreed
to as the result of his insistence. The commission was appointed; it
prepared a plan; the plan was laid before the peace conference, and
before being adopted was published to the world. In the United
States it met with strong support in some quarters and vigorous
opposition in others. The Senate, by which the whole peace treaty
would have to be approved before it could be binding upon the
United States, discussed the details of the plan and thirty-one
senators signed a declaration that some of the provisions were
unacceptable. In the end, however, the original covenant, with
some modifications, was adopted by the peace conference and
incorporated as a part of the treaty of peace.[302] As such it was
subsequently accepted by all the leading powers to whom it was
submitted, except the United States. In its scope the League of
Nations is designed to include, ultimately, all the countries of the
world. Provision is made in the covenant for the immediate
admission of most countries by their simple acceptance of the
covenant; others may be admitted to membership by a two-thirds
vote of the league assembly. Fifty-one states are now members.[303]
The League as a Scheme of Government. An analogy and
—What are the important features in this contrast.
scheme of super-government? This question may best be answered,
perhaps, by taking as our background the federal system with
which we are most familiar in the United States, noting the
outstanding points of resemblance and contrast. At the time of its
formation, indeed, the American federal government was looked
upon by the several states as a super-government and they were
very jealous of it. It was not until many years had passed that this
jealousy died down. This same designation was given to the
scheme of organization established by the League Covenant. The
government of the United States has its deliberative, executive, and
judicial departments; so has the League of Nations. But there the
resemblance ends. The methods of constituting the organs are

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different; so are their powers, and so are their relations to one
another.
The League’s Deliberative Organs.—The The Assembly and the
League of Nations has two deliberative bodies, Council.
—an Assembly to which each member-nation may send not more
than three delegates, and a Council, made up of one member from
each of the five great powers,—the United States, Great Britain,
France, Italy, and Japan (these five nations being always
represented), and one member from each of four lesser powers to
be designated from time to time by the Assembly. Since the United
States has not joined the League, the Council now consists of only
eight members, the four nations constituting the second group
being at present Belgium, Brazil, Spain, and China. Unless
otherwise stated in the covenant, any decision either of the Council
or the Assembly requires a unanimous vote. The Council must meet
at least once a year; the Assembly meets at stated intervals
determined by itself. The Assembly has decided to meet annually
on the first Monday in September and the Council is now holding
quarterly sessions. Geneva has been selected as the League capital.
The Administrative Organization.—By The Secretariat.
the terms of the covenant certain functions of an executive nature
are given to the Council, but the administrative work devolves
upon the Secretariat of the League. This body comprises a
permanent secretary and numerous officials appointed by him. The
Secretariat performs the clerical work, registers all treaties, carries
on the correspondence with the member-nations, and prepares
business to be laid before the Council and the Assembly.
The Court of International Justice.—The The League’s
covenant also makes provision for a permanent judiciary.
world court, composed of judges selected by the Assembly from
among eminent jurists nominated by the different member-
countries. At the second Assembly session, held during 1921, the
eleven regular judges and four alternate or deputy judges were
chosen. Controversies come before this court whenever nations
agree to submit their disputes to it for decision.
Outstanding Features of League Organization.—In
comparing the general organization of League government with the

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American federal system some striking contrasts appear. First of
all, it is significant that in the Council and in Equality of all nations
the Assembly each nation has one vote only. in the League
Assembly.
Each nation may send to the Assembly one,
two, or three representatives; but whether it sends one or three its
voting power is the same. In the American Senate all the states
have the same voting power, but in the House of Representatives
the states with larger populations have proportionate voting
strength. Equality of voting power is natural in a political union
that is just starting. The nations of the world, being accustomed to
sovereignty and legal equality were not willing to recognize
gradations of rank. The same feeling was manifested among the
American colonies when, under the Articles of Confederation, it
was provided that every state, small or large, while it might send
from two to seven delegates to the Congress, should have the same
voting power as any other. There was a long fight over this
question in the Constitutional Convention of 1787, the smaller
states demanding equal power with the larger, the larger asking that
representation should be based upon population. The matter was
settled by giving the smaller states equal representation in the
Senate, and conceding to the larger states the right to dominate the
House. But the framers of the League Covenant could not accept a
compromise of this sort; for if representation according to
population were made the rule in either the Council or the
Assembly, India and China would have far more delegates than the
United States, England, and France put together. So all were given
equal representation in the Assembly, while representation in the
Council was confined to nine nations only.
Other marked contrasts should be noted. In the House of
Representatives and in the Senate of the United States measures are
passed by a majority vote; in the Assembly and The requirement of
Council of the League, unless otherwise unanimity.
specified, a unanimous vote is necessary for action. This is a mark
of the distrust with which the nations regard one another. The
provision for unanimity means that nothing can be carried through
the Assembly if a single nation disapproves, for a solitary vote can
block action. The same is true of the Council as respects each

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nation represented in it. This, of course, establishes a very
cumbersome and slow-working scheme of government. Decisions
of the Council or the Assembly, moreover, have no absolute
binding force, as have the enactments of Congress. There is no
centralized executive authority, with power to see that decisions are
obeyed—no executive authority in the national sense. The League
has no army to enforce its will. Even the International Court of
Justice has no jurisdiction save when the suitors, of their own
accord, come to it. It lacks the coercive power of a Supreme Court.
Provisions for the Prevention of Wars.—The prime purpose in
establishing the League of Nations was a desire to lessen the
danger of wars. To that end the covenant contains several
provisions of high importance which may be briefly summarized.
First, there is a provision for the reduction of 1. Armaments.
armaments. The Council is directed to have a study made by
experts and to report upon the amount of armed strength needed by
each nation. The various governments, however, are not bound to
accept the Council’s recommendations. In any case, all members of
the League agree to keep one another informed as to the extent of
their respective armament programs. This represents, of course, a
very modest step in the direction of actual international
disarmament.
Second, the members of the League agree to 2. Territorial integrity.
protect one another against any seizure of their territories or any
destruction of their independence by outside attacks. This is the
famous Article X. Whenever such attack occurs, the Council is to
advise as to how the pledge of integrity can be fulfilled.
Third, if a dispute which cannot be settled by 3. Conciliation.
diplomatic negotiations arises between members of the League, the
members agree to refer it to arbitration if it is suitable for such
disposition; or, if not, then to the Council of the League for inquiry.
The members of the League agree to refrain from hostilities until
three months after the Council has rendered its decision.
Fourth, if any member-nation resorts to war 4. Coercion.
in violation of the preceding provisions, the other members of the
League agree to boycott it and to withdraw from relations with it;

Page 511

in extreme cases, the Council is authorized to consider and
recommend means of compulsion by armed force.
Fifth, a very important provision is that by 5. Registration of
which all treaties hereafter entered into by treaties.
members of the League shall be registered with the Secretariat and
published. Until this has been done, no treaty is to be considered
binding. This, of itself, embodies no small step in the direction of
eliminating a prolific source of friction and strife. Secret treaties
have been the mainspring of many wars.
The System of Mandates.—In previous Duties of the
wars it has been the habit of victorious nations mandatories.
to divide all the conquered territory among themselves, each taking
a portion in full ownership. The Peace Conference of 1919,
however, agreed to try a new plan, namely, that of placing the
League of Nations in charge of some former German and Turkish
territories. It was provided that by means of mandates each of these
territories should be directly governed, on behalf of the League, by
one of its member-countries, with the understanding that eventually
complete self-government should be given in certain cases. The
mandatory, or country holding the mandate, is required to present
an annual report to the League and a permanent commission is
provided to examine these reports. In accordance with these
arrangements, several mandates have been granted. Great Britain,
for example, has been made the mandatory for Palestine, France for
Syria, and New Zealand for certain former German colonies in the
South Pacific.
The possession of a mandate does not give A territorial trust.
the mandatory any exclusive commercial privileges in the territory
concerned, but merely creates a trust which is to be exercised for
the benefit of the people who inhabit it. Whether this new
experiment in the government of dependent territories will work
out successfully no one yet can tell. Much will depend upon
whether the League acquires prestige and power. If it should
collapse, there is little doubt that these various territories would
merely pass into the full ownership of the countries which now
hold the mandates.

Page 512

The League and Labor.—The widely-differing policies hitherto
pursued by various countries in relation to labor have long been a
cause of international distrust and friction. When any one country
endeavors to accord greater privileges to its workers—such as the
adoption of a shorter working day or the guarantee of a minimum
wage—this action places it at a disadvantage in trade competition
with other countries not so progressive. It is, therefore, provided
that a permanent International Labor Office shall be established
and that members of the League shall send representatives to a
labor conference at least once a year. Such measures for the
protection of labor as may be recommended by this conference are
to be presented to the government of each member-country for
adoption. Each government may adopt or refuse to adopt the
recommendations as it sees fit; but where a recommendation is
adopted, a country must live up to it and provisions are made for
ensuring this. The first meeting of the labor The first labor
conference took place at Washington in 1919. conference.
Since that time two further conferences have been held.
Recommendations have been made in favor of the eight-hour day,
the prohibition of child labor, and an effective system of factory
inspection. In most of the discussions concerning the League these
great opportunities which it presents for the improvement of labor
conditions were entirely overlooked.
The League and the Protection of Health.—Great
improvements in the science of health protection have been made
during the past generation by all civilized countries, as a previous
chapter has indicated. But no matter how watchful a country may
be in guarding the health of its own people, it can never feel safe so
long as epidemics are allowed to rage unchecked in other lands.
The ravages of disease stop at no national boundaries. Trade and
travel carry infection across even the best-protected borders. In
recognition of this the League covenant pledges the member-
countries to take steps for the international prevention and control
of disease. This is to be accomplished by the The international
establishment of a permanent International health office.
Health Office. The function of this office is to gather data relating
to public health questions, to promote the acceptance of the best

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health regulations by the different countries, and to secure common
action in the case of dangerous epidemics.[304] The League is also
authorized to wage a war upon the use of opium and other harmful
drugs, likewise to take measures against the traffic in women and
children.
American Objections to the Covenant.—When the provisions
of the covenant were finally adopted by the Peace Conference,
objections were urged in various countries, but more particularly in
the United States. To what features was objection made? Some
objected to the provision which gives the British Empire six votes
in the Assembly of the League while the United States had but one.
[305]
Article X of the covenant, by which the nations who enter the
League must guarantee one another’s territory and independence
against outside aggression was also objected to, for it seemed to
pledge the United States to defend boundary lines in all parts of the
world. Many feared that this provision would some day require the
use of American soldiers in distant places. Objection was also
raised against certain provisions of the peace treaty, such as that
which turned over to Japan the territorial and other rights in the
Chinese province of Shantung, which had been held by Germany.
[306]
And in general there was a feeling that if the United States were
to enter the League, this action would involve a continual
entanglement in European affairs and a complete abandonment of
America’s traditional policy.
It was at first believed that by making The proposed
reservations on these various points the United reservations.
States could overcome the more important objections, ratify the
treaty, and enter the League. But President Wilson declined to
accept such reservations and in the end the whole document, treaty
and covenant together, failed to receive the requisite two-thirds
vote in the Senate.
The presidential election of 1920 was fought out on this issue.
The Democratic candidate declared in favor of entering the League
with suitable reservations, while the Republican candidate made no
explicit pledge as to what course he would pursue although he
seemed for a time to favor the formation of a new association on a
somewhat different basis. After the election, which resulted in a

Page 514

decisive Republican victory, President Harding The ultimate
announced that the United States would not decision.
enter the League; the project of a new association was quietly
dropped; and a separate peace with the new German republic was
concluded.
The League at Work.—The refusal of the United States to
assume membership was a severe, and possibly a fatal, blow to the
strength and prestige of the League. It is as though the state of New
York, a century and a quarter ago, had declined to ratify the
constitution, leaving the other twelve states to form a union by
themselves. Nevertheless, the League of What the League has
Nations seems to be a going concern; it has done.
established headquarters at Geneva; its Secretariat has been
organized; its Council has held many sessions; its Assembly has
been twice convoked; its court has been established; labor
conferences have been held; mandates have been allotted;
commissions have been appointed; and a good deal of important
business has been transacted. Its members are very anxious to have
the United States join with them and would doubtless go a long
way in accepting whatever reasonable reservations this country
might choose to make. But there is no immediate probability that
America will become a member on any terms. The problem which
now engages the attention of the American government is that of
arranging, through treaties and conferences, for the removal of the
various dangers to peace in the future.
The League and the Washington Can the work be done
Conference.—The calling of the Washington by a series of
conferences?
Conference was the first step in this direction.
The agreements reached at this conference represent a very
substantial step in the direction of avoiding future wars but they do
not cover the whole field of possible controversy. They leave
untouched the whole question of land armaments and deal with
none of the chief European problems. It is taken for granted that
other conferences will be called from time to time, each for the
purpose of dealing with some specific set of international
questions, and there are many who believe that the primary
purposes which the League of Nations was intended to fulfill can

Page 515

be served in this way. One advantage of the conference plan is that
it allows each nation to retain greater freedom of action; but this is
also a defect, for it permits any single country to block progress by
merely declining to join with the others when a conference is
called. The Washington Conference demonstrated how easy it is to
reach agreements in the common interest when nations come
together for a free and frank discussion.
Will the League of Nations Live?—Will A lost opportunity.
the League slowly acquire strength despite the failure of the United
States to become a member? Or will the League gradually lose all
its reason for existence, save as an agency for carrying out the
terms of the peace treaty, and when these terms are fulfilled, pass
out of existence? These are questions which no one can answer
today. The close of the war gave the world its greatest opportunity
to devise a plan which would forever put an end to the curse of war
and usher in a long era of international amity. Men labored long
and diligently to provide such a plan, but they failed to achieve a
full measure of success.
Where the blame for this partial failure belongs is not a matter
that it can profit the world much to discuss. The opportunity came
and has gone. Whether the partial failure can ever be retrieved,
whether the League devised at Paris will survive the severe setback
given to it by the action of the United States, are things which only
the next generation can determine. In spite of its handicap,
however, the League must strive to maintain its existence, for its
continuance is essential to the enforcement of the peace treaty.
Those nations which are interested in seeing the provisions of the
treaty fulfilled must either use the League, or provide other
machinery in its place, or else revise the terms of peace, and on the
whole, the first alternative seems to be the easier one. To the
exhausted nations of Europe it offers some hope of relief from the
burden of great armaments, and to small countries throughout the
world the League stands as a means of obtaining a fair hearing for
their grievances. It is easy enough to pick flaws in the covenant;
but is there any likelihood that a different document would gain the
adhesion of fifty-one states? No such number ever agreed to
anything of the sort before.

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The attitude of the United States was not dictated by self-interest
alone, or by party politics. There was, and still is, a strong
conviction in the minds of a large element among the American
people that the covenant of Versailles will not prove to be a
safeguard against war, but may, indeed, lead to intensified rivalries
and bitterness. Many Americans, and many Europeans also, feel
that the terms of peace which were arranged at Paris contain many
unwise, unjust, and even impracticable provisions. They believe
that a League of Nations, charged with the duty of enforcing these
provisions, is bound to encounter difficulties of a serious character.
General References
F. C. Hicks, The New World Order, especially pp. 3-91 (The Peace Treaty, including the
Covenant, is printed in the appendix);
W. H. Taft, G. W. Wickersham, and others, The Covenanter: An American Exposition
of the Covenant of the League of Nations, passim;
S. P. Duggan, The League of Nations, p. 1-17; 96-111;
J. A. Hobson, Towards International Government, pp. 11-57;
Annals of the American Academy of Political and Social Science, The Place of the
United States in a World Organization for the Maintenance of Peace (July, 1921), pp. 1-
29;
G. G. Wilson, The First Year of the League of Nations, pp. 1-55;
R. B. Fosdick, George Rublee, J. T. Shotwell, Léon Bourgeois, and others, The
League of Nations Starts, pp. 1-28;
L. Oppenheim, The League of Nations, pp. 28-48;
D. L. Morrow, The Society of Free States, pp. 137-154;
T. J. Lawrence, The Society of Nations, pp. 33-57;
Ray Stannard Baker, America and World Peace, passim.

Group Problems
1. The idea of a league of nations in history. Ancient Greek leagues. Dante’s De
Monarchia. The Great Design of Henry IV. William Penn’s plan. The proposed
confederation of Europe after the Napoleonic wars. Kant’s “Everlasting Peace.” The Holy
Alliance. The federation of Central America (1824). The Hague Conferences. References:
Elizabeth York, Leagues of Nations, Ancient, Mediaeval, and Modern, pp. 114-179 (see
also Bibliography, pp. 331-337); William Ladd, The Peace of Europe, pp. 1-11; W. A.
Phillips, The Confederation of Europe, pp. 145-156; F. C. Hicks, The New World Order,
pp. 66-78; J. H. Choate, The Two Hague Conferences, pp. 3-44; D. L. Morrow, The
Society of Free States, pp. 12-32.
2. A study of the merits and faults of the Covenant. References: Senate Debates
during the period June 2 to October 6, 1919, in Congressional Record (66th Congress, 1st
Session, Vol. 58), For the League: Senator Swanson, of Virginia (pp. 2532-2542),
Senator Hitchcock, of Nebraska (pp. 6403-6427); Against the League: Senator
Johnson, of California (pp. 501-509), Senator Lodge, of Massachusetts (pp. 3778-3784).

Short Studies

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1. The League of Nations and American ideals. A. H. Snow, The American
Philosophy of Government, pp. 155-172.
2. The League of Nations and American interests. Otto H. Kahn, Our Economic
Problems, pp. 354-367.
3. The League and the Monroe Doctrine. S. P. Duggan, The League of Nations, pp.
273-303; Annals of American Academy of Political and Social Science, The Place of the
United States in a World Organization for the Maintenance of Peace (July, 1921), pp. 31-
44.
4. The international labor conferences. F. C. Hicks, The New World Order, pp. 270-
279.
5. The League and disarmament. Annals of the American Academy of Political and
Social Science, The Place of the United States in a World Organization for the
Maintenance of Peace (July, 1921), pp. 45-67.
6. The League at work. Arthur Sweetser, The League of Nations at Work, pp. 29-62.
7. Some examples of international government. L. S. Woolf, International
Government, pp. 179-265; F. B. Sayre, Experiments in International Administration, pp.
18-62.
8. The “Concert of Powers” in Europe. T. J. Lawrence, Principles of International
Law, pp. 268-279.
9. The system of mandates. R. B. Fosdick, George Rublee, J. T. Shotwell, Léon
Bourgeois, and others, The League of Nations Starts, pp. 110-125.
10. International public health and sanitation. R. B. Fosdick, George Rublee, J. T.
Shotwell, Léon Bourgeois, and others, The League of Nations Starts, pp. 155-169.
11. The League of Nations as a scheme of government. L. Oppenheim, The League of
Nations, pp. 28-48.
12. Small nations and the League. S. P. Duggan, The League of Nations, pp. 161-183;
Annals of the American Academy of Political and Social Science, The Place of the United
States in a World Organization for the Maintenance of Peace (July, 1921), pp. 68-97.

Questions
1. What is meant by “applying to nations a principle which men the world over have
applied to themselves as individuals”?
2. Explain what was done at the Congress of Vienna and why there were so many wars
during the hundred years which followed that congress.
3. Explain the following expressions: balance of power, Triple Alliance, Entente,
concert of powers.
4. Make a diagram showing the organization of the League of Nations. Explain by
means of this diagram the contrasts between the League’s organization and that of a
federal government.
5. What are the weak features in the League organization?
6. Summarize the provisions which were placed in the Covenant for the prevention of
future wars and give your opinion as to the value of each.
7. Explain the relation of the League to (a) labor problems, (b) health protection, (c) the
suppression of the drug traffic.
8. Make a list of the chief American objections to the League and indicate how much
importance you attach to each.
9. Do you regard the refusal of the United States as a death-blow to the success of the
League? Give your reasons.
10. If the League fails, how can international peace be best secured?

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Topics for Debate
1. A scheme of universal arbitration should be substituted for the League of Nations.
2. The United States should call another conference to effect an international agreement
for the reduction of armies.

Page 519

CHAPTER XXXII
POLITICAL AND ECONOMIC RECONSTRUCTION

The purpose of this chapter is to discuss some present-day problems of world democracy.

The War and the New Era.—The world Why the people are
has spent the years since the war in a condition now thinking new
thoughts.
of political and economic unrest. This is not
surprising because this herculean contest rocked the foundations of
civilized society. It let loose the primitive passions of men, hurled
monarchs from their thrones, turned industry upside down, drew
millions of men out of life’s normal routine, and wasted as much
wealth as the whole world can create in twenty or thirty years.
Small wonder it is that people should ask themselves whether a
social order which permitted all this to happen is in reality the best
type of organization for the civilized countries of the world. Self-
examination usually takes place among men and nations after a
great disaster. Things which have been assumed to be true are
inspected; old traditions are overhauled, and new proposals receive
a more ready welcome than at other times.

Page 520

THE GRADUATE. By Edwin H. Blashfield

From a Copley Print, copyright by Curtis & Cameron, Boston. Reproduced
by permission.]

THE GRADUATE

By Edwin H. Blashfield
From the mural painting in the Great Hall of the
College of the City of New York.
Wisdom sits enthroned, a globe in her hands. Her
placid head, covered with a fold of her mantle, is
lighted from below by the flame on the altar at her
feet. The light also illumines the globe which she
holds. On either side of her pedestal, in a long curved
row, sit the great centers of learning (Paris, Rome,
Oxford, etc.) represented by graceful female forms,
and in front of them are some illustrious
representatives of the arts and sciences—Petrarch,
Galileo, Shakespeare, and others. In the immediate

Page 521

foreground are young men of today—students on the
right and aspirants on the left.
Directly in front of the altar is the Graduate, with
academic cap and gown. Beside him stands Alma
Mater, handsome and dignified, in a figured Venetian
mantle, bearing a shield with a seal of the college and
holding a scroll. She bids the young graduate go forth
into the world, bearing the torch which he has lighted
at the altar of Wisdom. In front of both, and a little to
the right, is Discipline, or Self Control, holding in one
hand a scourge and in the other a sword. She stands
ready to accompany the young graduate on his
journey through life.
Below the picture is the inscription: “Doth not
Wisdom cry? She standeth in the top of the high
places, by the way of the places of the paths. She
crieth at the gates at the entry of the city, at the
coming in at the doors.”

The Growth of Radicalism.—Two working principles have
hitherto furnished the basis for political and economic
organizations in such countries as the United States, Great Britain,
and France. Democracy, by which we mean the Democracy and
control of government by the whole people, individualism.
acting chiefly through their representatives, has been the accepted
basis of political institutions. Individualism, by which we mean an
economic system founded upon the individual ownership of private
property and, through private property, the individual control of
industry has been in general the recognized foundation of economic
institutions. By the masses of the people in all free countries the
principles prefigured by these two words, democracy and
individualism, have been tacitly accepted for fifty years or more as
the groundwork of political and economic activity. Both were
challenged from certain quarters; the socialists, for example,

Page 522

attacked the whole system of economic individualism; but in no
country was the policy of individualism overthrown.
During and after the war, however, the Should they be
demand for a reconstruction of the world’s displaced?
entire political and economic structure became more insistent.
Radical ideas as to what ought to be done, and radical proposals as
to how it ought to be done were brought forth and spread. The
world found itself, almost in a day, face to face with demands for
the complete repudiation of democracy as an ideal and of
individualism as a principle of economic organization. Proposals
for state socialism, guild socialism, communism, and a dictatorship
of the proletariat were put forth aggressively on every hand. No
country proved to be immune from this radical movement,
although in some it made far greater headway than in others.
The Soviet Plan of Government in Theory.[307]—Among the
various countries, Russia has gone the farthest, of course, in the
radical demolition of the old political and economic order. The
overthrow of the Czarist empire was presently followed by the
establishment of soviet government and a system of economic
communism. This action naturally attracted world-wide attention
and it has exerted, during the past few years, a profound influence
upon the attitude of men toward political and economic problems
everywhere. It has given new inspiration to Why should
radicalism in the United States. We ought, Americans care to
know anything about
therefore, to know something about this it?
extraordinary overturning of the old political
and economic structure in Russia; otherwise we cannot grasp the
far-reaching significance of radical movements in our own country.
What is the soviet form of government and what is meant by
communism as applied to industry?
The soviet form of government is a repudiation of the entire
scheme of government which has been described in this book. Its
supporters regard democracy as a mere weapon Why the Bolshevists
of the capitalist by means of which he exploits object to democracy.
the worker. The only way in which the workers can obtain their
rights, they declare, is by establishing a “dictatorship of the
proletariat”, in other words, a government absolutely dominated by

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themselves to the exclusion of all others. This, in the first instance,
must be done by violence; but, eventually, they hold, the people
will accept it peaceably.
Soviet government differs from democratic The difference
government in two all-important respects. In a between soviet and
democratic
democracy all adult citizens, whatever their government.
occupation, are equally entitled to a share in
the control of the government. Democracy stands on the principle
of universal, direct, and secret suffrage. The soviet form of
government repudiates the doctrine of political equality. It asserts
that all power must be vested in the hands of the peasants and
workers, and that the bourgeoisie (by which they mean capitalists,
storekeepers, employers of any kind, including even farmers who
employ hired labor) are entitled to no share in the control of the
government. Democracy and equal suffrage, the soviet apologists
proclaim, are merely instruments by which the strong oppress the
weak. For a system of government by the people, they would
substitute government by a portion of the people. In Russia this has
meant, as a matter of fact, government by a very small fraction of
the people.
The soviet system also differs from democracy as respects the
way in which the officials of government are chosen.
Representation in democracies is based upon areas of territory. All
the voters of a town, country, or district join in The soviet basis of
electing a single representative. The people representation.
who live in a given territorial area are assumed to have a common
interest by reason of their living close together. Under the soviet
system this is considerably changed. Occupation as well as territory
is the basis of representation. Groups of voters unite in choosing
delegates because they work at the same trade, not because they
live in the same neighborhood. For example, all the workers in a
particular factory, or all the farmers in a certain district begin by
choosing one or more representatives. These representatives come
together and form the city workers’ soviet or the township soviet.
The city workers’ soviet is made up of one or more delegates from
every factory. Each local soviet, moreover, appoints delegates to
higher soviets and these, in turn, choose delegates to the All-

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Russian Congress of Soviets, which is the supreme governing body.
As this congress is too large to do the routine work of government,
it delegates this function to a cabinet or Council of Peoples’
Commissars.[308]
The Soviet Plan of Government in Practice.—This is the
theory of soviet government. The supreme political authority is
constituted by the workers alone, through a long process of indirect
election. The national executive is several steps removed from the
control of the people. He is not directly responsible to the people as
in the United States. In actual fact, moreover, this elaborate plan of
indirect representation has become, in Russia, little more than a
scheme on paper. Many of the provincial Soviets have chosen no
delegates at all. There is no assurance that those who now hold the
reins of power in Russia are the real representatives of the masses
of the people. To keep themselves in office the Commissars have
throttled all opposition. They have set at Some results of the
naught all the securities for personal liberty soviet rule.
which exist in democratic countries. Arrests have been made
without warrants, thousands of them; men and women have been
held in prison and put to death without public trial; freedom of
speech, freedom of the press, and freedom of assembly have been
denied. The soviet leaders admit all this but argue that these
measures are necessary in order to prevent a counter-revolution.
The Economic Aspects of Communism.—The Russian
revolution did not confine itself to political reconstruction alone. It
was an economic revolution as well. All Relation of
private trade, of whatever sort, was, in theory communism
industry.
to

at least, abolished throughout Russia and all
industries taken over by the government. The factories, shops,
stores, and all other instrumentalities of business were placed in
charge of officials to be managed for the benefit of the workers.
These workers were assigned to the various industries by the soviet
authorities, compulsory labor being decreed by law and a fixed
standard of wages established. Trade unions and co-operative
societies were put under the ban. Workers received their pay in the
form of requisitions or orders on the government stores for food
and other supplies. Strikes were forbidden on penalty of

Page 525

imprisonment. All land was declared to be owned by the state, but
the peasant farmers were allowed to retain their farms upon giving
the government a share in the produce.
Although the government did its best to Breakdown of
carry through the foregoing program, economic communism
Russia.
in

communism in Russia broke down.[309]
Factories and stores went out of business; the peasants could not be
coerced into supplying food for cities; foreign trade stopped almost
entirely; the railroads failed to function; everywhere there was
misery and starvation. So the soviet authorities in 1921 decided
upon a partial return to the system of privately-managed industry.
Factories and shops, to some extent, have been reopened under
individual ownership; the trade unions have been permitted to
reorganize; the rules relating to compulsory labor have been
relaxed; and differences in the rate of wages paid to different
workers are once more permitted. The country has swung back to a
modified form of individualism and capitalistic production.
The great lesson of communism in Russia is The Russian lesson.
that no system of economic organization can long survive unless it
succeeds in producing enough to feed, clothe, and shelter the
people. When the incentive of private gain is taken away, some
equally strong incentive to production must be put in its place;
otherwise production will decline and there will not be enough to
go around. That is what happened in Russia. Neither compulsion
nor appeals to the loyalty of the worker availed to keep production
up. Fewer goods were produced and there was less to distribute.
Equality of distribution avails nothing when there is too little to be
distributed.
The International Aims of the Communists.—Communism is
not merely national in its aim; it is international. Its motto is:
“Workers of the World, Unite!” Its goal is the violent overturning
of the existing political and economic organization in all countries
so that soviet governments may be established and all private
industry abolished. This is the program of the Program of the Third
Third International, a body made up of International.
communist delegates from all over the world. In order to promote
this program the Russian authorities have endeavored to carry on a

Page 526

propaganda in all other countries, sending out literature and agents
wherever possible. The communists realize, however, that the
prospects for such a revolution are not good in countries like the
United States, Great Britain, and France so long as the trade union
movement makes progress and gains advantages for organized
labor. Hence they aim to secure the destruction of unions, to
promote “outlaw” strikes, and to encourage every form of
industrial discontent.
Moderate Socialism and Communism Socialism and
Distinguished.—Communism, as it has been communism are
widely different.
exemplified in Russia during the past few
years, should be distinguished from socialism as the latter term is
commonly understood, although extreme forms of socialism may
go substantially as far. Socialists do not propose that all except the
workers shall be excluded from a share in government. They do not
propose to wipe out the political rights of the individual, or to
destroy trade unionism, or to provide for labor conscription.
Orthodox socialism does not aim at a “dictatorship” of any kind.
State Socialism.—The program of the Socialism defined.
moderate socialists is commonly known as state socialism. Briefly
stated, it proposes that all the land, the mines, the forests, the
factories, the railroads, and every other instrumentality of
production or distribution should be managed in the interests of the
whole people. Under the system of individualism, according to the
socialist argument, these things are now managed primarily in the
interest of private owners. The worker creates values in far greater
proportion than the wages he receives. This surplus value goes to
the employer in the form of profits. The socialist would abolish
profits. The entire net earnings would go to the worker. The basis
of government would not, however, be revolutionized. With some
changes to make democracy more effective (for example, the wider
use of the initiative and referendum), state socialism would leave
government about as it is. The workers, being in the majority,
would control government through their numerical superiority at
the polls; they would not deny the suffrage to non-socialists. State
socialism proposes the doing of all this through the ballot-box, not
by violence or armed revolution.

Page 527

The Case for Socialism.—Many books have been written in
advocacy of state socialism and many arguments advanced in its
behalf. The case for socialism rests largely upon certain
propositions which may be briefly stated as follows: Wealth is
largely the product of labor, yet labor does not The present industrial
get its rightful share in the product. Capital and injustice.
management, on the other hand, get more than their rightful share.
Hence the rich are growing richer, and the poor are growing poorer.
The control of industry, and with it the well-being of many million
workers, is passing steadily into the hands of a very few men.
Inequalities of wealth lead to discontent; the present organization
of industry results in unemployment; and men are engaged in a
perpetual class war with one another. Great wastes, moreover,
result from the system of competition. Several milkmen, for
instance, go up and down the same street, each serving a few
families. Think of what the postage rates would be if we had a
similar state of affairs under free competition in furnishing postal
service! Socialism, it is claimed, would unify production and
distribution, thus preventing waste.
Now the remedy for this is to abolish private What socialism
capitalism, to have the government take over proposes as a remedy.
the industries, divide the earnings fairly, giving every worker his
rightful share, thus securing a more nearly equal distribution of
wealth and happiness. By this means, also, poverty and
unemployment would be abolished. If all the products of labor
were given to the worker (rent, interest, and profits being
abolished), there would be enough to give everybody a reasonable
day’s work and a comfortable living. There would be steady
employment for all. The great majority of the people are workers.
Their welfare should be the first care of organized society; but their
welfare can never be secured so long as practically complete power
over the conditions under which the workers labor and live is
exercised by the private owners of industry. Socialists also claim
that a moral gain would result, inasmuch as the present class
conflict would give way to a recognition of human brotherhood.
Co-operation, not conflict, would be the watchword of industrial
society.

Page 528

The Case Against Socialism.—The advocates of socialism, in
their arguments, frequently assume something which they have not
been able to prove. They proclaim that the rich Are the poor growing
are growing richer and the poor are growing poorer?
poorer, that the middle class is being crushed out, and that soon
there will be only two groups, the very rich and the very poor. It is
true that wealth is increasing and that there are more rich men
today than ever before in the history of the world; but it is also true
that the middle class is more numerous and the worker much better
off than at any previous time. The standard of living among
American wage-earners today is higher than it was among well-to-
do people a hundred years ago. The average worker is better
housed, better clothed, better fed, and has more of the comforts of
life than the employer of a century ago.
But apart from this the crucial question The chief argument
concerns the way in which production would against socialism.
be maintained and how the earnings would be distributed under a
socialist system. Today the main incentive to work is the
expectation of reward. Most men work because they expect to be
paid for it. Cut down their pay and they will usually stop work and
try to persuade other people from working. There are exceptions to
the rule, of course; but when men and women work hard and try to
do their best it is because they hope to get promoted, to get their
wages raised, to secure an easier job at higher pay.[310] Socialism
would abolish this exact relation between skill and wages.
Everyone would work at whatever task he was best fitted to
perform and would be given enough to live on comfortably. Or, as
the socialists put it, everyone would produce according to his
ability and be paid according to his needs.
This, however, begs some very important Some practical
questions of a practical nature. Who would questions.
determine the work that you or I should do? Who would determine
that you must labor in the coal mines while I go abroad, as a
foreign ambassador? Who will determine your needs and mine, so
that we may be rewarded accordingly?
The answer is that authorities would have to Socialism and
be established with power to settle these things compulsion.

Page 529

and to apply compulsion where necessary. We would have
industrial autocracy. Men and women would have no complete
freedom to choose their own occupations. The socialists say that if
the existing wage system were abolished everyone would do his
best to increase production in order to make the new plan a
success; but where socialistic experiments have been tried the
contrary is true; the workers do less and produce less. Let us
remember, also, the increased danger of corruption which would
come if the authorities were given so great an increase in power.
The whole resources of the country would be placed in the control
of an official class; the entire labor-force of the nation would be put
at their disposal. The socialist answers that if officials proved
arbitrary or corrupt the people would turn them out of office. Does
our experience with other forms of government warrant any such
expectation?
Two methods of getting work done have Socialism and human
been tried by the world at one time or another. nature.
In ancient and mediæval times most of the work was done by
slaves. The slave got no wages; he did his work because he was
compelled to do it. In modern times, since slavery and serfdom no
longer exist among civilized people, most of the work is done by
free men who do it because they expect to be paid for doing it. And
since there are differences in the abilities of different men, some
get more pay than others, even though the opportunities be the
same for all. If the capable worker were not paid more than the less
competent, he would not exert himself to do his best. To get the
best out of any free man he must be given the hope of a reward in
proportion to his efficiency, and for the great majority of people
this means a reward in dollars and cents. That is human nature.
It is sometimes said that human nature may Can human nature be
change and that, in a new environment, men changed?
might work unselfishly for the common welfare without reference
to their rate of wages or profits. True enough the motives of men
may and do change somewhat; but when we trace the course of
human history through twenty centuries we find that the dominant
traits of mankind have altered very little in all that time. Human

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nature itself affords the greatest obstacle to the success of a
socialist system.
Socialism and Liberty.—Liberty does not include political
freedom alone. It comprises the right of the individual to choose his
own career, to make his own bargains, and to become his own
employer if he can. An industrial system in which all men are
compelled to do as some higher authority dictates would establish
the very negation of liberty. Under socialism the complete control
of all economic life would be vested in some supreme authority. It
matters little how that authority might be chosen; the concentration
of such vast powers anywhere, in the hands of any group of men,
would make individual liberty a meaningless expression. It may be
replied that under our present system of private industry the worker
has in fact very little liberty; that many employers are despots and
that the worker is subjected to tyranny. That is to a certain extent
true. But in so far as there is an undue and needless restriction
under present conditions of industry the remedy is to promote the
liberty of the worker through the power of his own organizations
and by the laws of the land.
Socialism and Democracy.—Socialism and democracy can
never be good friends. Democracy is government by the people; in
other words it is government by amateurs. It is not government by a
professional class. The government of the German Empire before
the war was largely in the hands of a professional class, a
bureaucracy it was called. Now a democratic government, being
managed by the rank and file of the people, is often wasteful and
clumsy in its handling of business affairs. We have had some
notable examples of this in the United States; for example, the
building of airplanes and ships during the war, the operation of the
railroads during 1918-1920, and the construction of public
buildings. A bureaucratic government, conducted by professional
administrators, is much more efficient. It is not Socialism would
improbable, therefore, that socialism, by professionalize
government.
the

placing upon the public authorities the entire
management of every form of industry, including factories and
shops as well as railroads and telegraphs, would mean the
breakdown of the democratic ideal and the professionalizing of

Page 531

government. The entire industrial system of the country could not
be successfully managed by amateurs. To save it from collapse
under socialism the government would have to be reorganized on
bureaucratic lines.
Can Democracy Solve Its Problems?—But if not socialism,
what then? Certain it is that we are facing great problems both at
home and abroad today; and these problems must be solved in the
interest of human happiness. We cannot close our eyes to them and
trust that somehow or other they will work out their own solution.
Can democracy and our present system of private industry master
them? Well, democracy and our present industrial system have
overcome a great many obstacles in the past and it is only by
studying the past that we can make any forecast of the future. The
land surveyor, when he wants to project a straight line from a given
point, walks back some distance so that he may align his pickets in
the ground. Let us for a moment pursue the same plan, walk back a
dozen decades in American history and take a sight along the great
landmarks to the present time. What have democracy and
individualism contributed to the well-being and happiness of the
American people?
What America Has Done.—In the past one Democracy and
hundred and twenty years the people of the American progress.
United States have increased their territories ten-fold, their
numbers twenty-fold, and their wealth at least a thousand-fold.
They have, with one great exception, composed their internal
quarrels peaceably during the whole of this long period. They have
developed a government based upon the consent of the governed
and have placed the capstone upon it by the grant of universal
suffrage. They have kept the various branches of government
within their own respective fields and have thus prevented the
growth of despotic power anywhere. The people’s direct control
over the policy of the government, moreover, has been greatly
augmented during the past generation. It is indeed doubtful whether
Washington, Hamilton, and Madison, if they were to arise from
their graves, would recognize the present government of the United
States as their own handiwork, so far has it moved along lines of
greater democracy. In the states and the cities this steady drift to

Page 532

more direct popular control has been very marked. One need only
mention such things as the initiative, referendum and recall, direct
primaries, popular election of senators, the short ballot, the
commission and city-manager forms of government, and the
extension of suffrage to women—all of which are the product of
the last twenty-five years—to indicate how strong has been the tide
of popular control.
Most striking of all American achievements, however, has been
the wide diffusion of material comforts among the masses of the
people. In no other country is there anything approaching it. The
standard of living among wage-earners is higher than it is
anywhere else, much higher. The average American worker is
better housed and better provided with food than is the typical
workman in any other country. He and his children get better
educational opportunities and a better chance to rise in the world.
The way in which immigrants have been flocking to our shores
during the past hundred years is a proof that millions of men and
women have looked upon America as a land of opportunity. This is
not to imply, by any means, that there are no slums in American
cities, no poverty, no misery, and no industrial oppression. We
have, in truth, far too much of all these things. But it is also the
truth that we have relatively less of them than any of the other great
industrial lands.
Not all of this progress and prosperity is due, of course, to the
political and economic system which America has maintained
during the past century. The rich natural resources of the country
and the steady industry of its people have been fundamental
factors. But no matter how vast their resources or how unremitting
their industry a people cannot achieve lasting prosperity and
contentment unless they possess a political system and an
economic organization which is well suited to their needs.
What Democracy Has Failed to Do.—It would be idle to
regard democratic government everywhere as an unqualified
success. No scheme of political organization will of itself secure a
government which is both efficient and popular. The active efforts
of the people are required to achieve this end. Not merely the
consent of the governed but the participation of the governed is

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essential. By reason of popular indifference the institutions of
democracy in America have frequently been perverted and abused
by men whom the people have placed in power. Some examples.
What passes for public opinion is at times nothing but propaganda,
organized to promote some selfish interest. Democracy has not yet
succeeded, moreover, in preventing wars or inducing all nations to
deal justly with one another. It has not prevented the rise of
opposing classes among the people, or kept groups of individuals
from setting themselves in antagonism to each other. Democracy
has not reconciled labor and capital; it has not carried its principles
very far into our industrial organization. These are serious failings,
no doubt; but the friends of democracy can fairly say, “Would any
other system have done better?” Democracy is what the people
make it, and its faults point to the defects of human nature.
The Citizen’s Duty in a Democracy.—No form of government
gives the citizen so much as democracy, and none makes greater
demands upon him in return. We are far too much concerned about
the rights of men and women; far too little concerned about their
obligations to society, to the state, and to their fellow-men. Voting
at elections is but a small part of the citizen’s duty. His share in the
forming of a sound and enlightened public opinion constitutes an
obligation upon him every day in the year. When public opinion
takes an unwise course it is because the people make up their
minds hastily, without careful thought, and without the guidance
which should be provided by the educated men and women of the
land. Every individual is a unit in the forming of public sentiment;
he can be a helpful factor if he will. Education is the chief corner-
stone of democratic government, and it must also be the chief prop
to any plan of industrial democracy which hopes to be successful
and permanent. Education makes men and women tolerant of other
people’s opinions, gives them confidence in mankind, and faith in
what mankind can accomplish.
Democracy has passed through many raging storms. In the dark
days of the Civil War there were many who feared that in America
it was about to perish utterly. But it survived and grew stronger
than before. Without the faith of the people in it, and the work
which is the exemplification of faith, democracy can accomplish

Page 534

nothing; with these things there is no problem that it need fear to
face.
General References
E. M. Friedman, American Problems of Reconstruction, pp. 45-55;
Bertrand Russell, Proposed Roads to Freedom, pp. 186-212;
R. C. K. Ensor (editor), Modern Socialism, pp. 65-89;
N. P. Gilman, Socialism and the American Spirit, pp. 46-89;
H. G. Wells, What is Coming, pp. 96-124;
O. D. Skelton, Socialism: A Critical Analysis, pp. 16-61;
John Spargo, Social Democracy Explained, pp. 1-49;
C. J. Bullock, Selected Readings in Economics, pp. 668-705;
J. R. Commons, Industrial Government, pp. 110-134;
F. A. Cleveland and Joseph Schafer, Democracy in Reconstruction, pp. 165-192;
Sidney and Beatrice Webb, A Constitution for the Socialist Commonwealth of Great
Britain, passim;
William Macdonald, A New Constitution for a New America, pp. 127-139.

Group Problems
1. What industrial democracy means. The traditional organization of industry.
Relations of employer and employee. The representation of the workers in the
management of industry. Methods of securing this representation. Shop councils. Merits
and defects of the plan. Other proposals. Effects of industrial democracy upon production.
References: G. D. H. Cole, Guild Socialism Re-stated, pp. 42-77; Ibid., Self-Government
in Industry, pp. 24-47; R. W. Sellars, The Next Step in Democracy, pp. 246-272; J. R.
Commons, Industrial Government, pp. 77-109; Ida M. Tarbell, New Ideals in Business,
pp. 134-162; Sidney and Beatrice Webb, A Constitution for the Socialist Commonwealth
of Great Britain, pp. 147-167.
2. The worker in the socialist state. References: Hartley Withers, The Case for
Capitalism, pp. 138-168; H. G. Wells and others, Socialism and the Great State, pp. 69-
119; R. W. Sellars, The Next Step in Democracy, pp. 135-156; O. D. Skelton,
Socialism: A Critical Analysis, pp. 177-219; John Spargo, Social Democracy Explained,
pp. 50-84.
3. The newer problems of democracy. References: F. A. Cleveland and Joseph
Schafer, Democracy in Reconstruction, pp. 25-66; E. M. Friedman, American Problems
of Reconstruction, pp. 447-464; F. J. C. Hearnshaw, Democracy at the Crossways, pp.
11-78; Graham Wallas, Our Social Heritage, pp. 158-186; L. T. Hobhouse, Democracy
and Reaction, pp. 167-187; H. F. Ward, The New Social Order, pp. 35-75; J. H. Tufts,
Our Democracy; its Origins and its Tasks, pp. 268-298.

Short Studies
1. How the workers manage business enterprises. C. R. Fay, Cooperation at Home
and Abroad, pp. 222-237.
2. Anarchism: its teachings and methods. Bertrand Russell, Proposed Roads to
Freedom, pp. 32-55; F. J. C. Hearnshaw, Democracy at the Crossways, pp. 262-287.
3. Syndicalism: its organization and aims. John Spargo, Social Democracy
Explained, pp. 244-277; J. G. Brooks, American Syndicalism, pp. 73-105.
4. Communism. Leo Pasvolsky, The Economics of Communism, pp. 1-17; 48-83.

Page 535

5. Bolshevism. R. W. Postgate, The Bolshevik Theory, pp. 13-41; Bertrand Russell,
The Practice and Theory of Bolshevism, pp. 119-156; John Spargo, Bolshevism, pp. 262-
323.
6. The soviet experiment in Russia. H. N. Brailsford, The Russian Workers’
Republic, pp. 37-79; Frank Comerford, The New World, pp. 118-169; 281-305.
7. Guild socialism. G. D. H. Cole, Guild Socialism Re-Stated, pp. 9-41; Hartley
Withers, The Case for Capitalism, pp. 189-235; Graham Wallas, Our Social Heritage,
pp. 102-121.
8. Marxian socialism. B. L. Brasol, Socialism vs. Civilization, pp. 61-110; John
Spargo, Socialism Explained, pp. 123-157.
9. State socialism: the arguments for and against. Hartley Withers, The Case for
Capitalism, pp. 138-168; A. E. Davies, The Case for Nationalization, pp. 12-29.
10. The individual and the new society. A. B. Hart (editor), Problems of
Readjustment After the War, pp. 98-128.
11. Women in the new social order. H. G. Wells, What is Coming, pp. 159-188; H. A.
Hollister, The Woman Citizen, pp. 142-178.
12. Fiscal reconstruction. E. M. Friedman, American Problems of Reconstruction, pp.
427-446.

Questions
1. Why has the movement for political and social reconstruction become stronger in
recent years?
2. Explain how “the soviet form of government is a repudiation of the entire scheme of
government which has been described in this book”.
3. Make a diagram showing the organization of the soviet government in Russia. Show
how much more direct is the control of the people over their government in the United
States.
4. What is the lesson of the economic breakdown in Russia?
5. Explain what is meant by the International. What are its aims?
6. State any arguments for socialism which are not given in the text. Any arguments
against socialism. Is it true that “as a general rule there are only two ways of getting work
done in this world”? In a socialist state what would be the incentive to work? Would it be
sufficient?
7. Would the establishment of socialism necessarily involve the abandonment of
democracy? Argue the point.
8. Name the principal achievements of American democracy during the past hundred
years. Which of them do you regard as the most important and why?
9. Name some present-day political and economic injustices which you would like to
see set right. Suggest what might be done about them.
10. Are you a more earnest or a less earnest believer in democracy by reason of your
having studied Social Civics?

Topics for Debate
1. Representation in government should be based on occupations rather than on
territorial divisions.
2. The laborers should be given a voice in the management of their respective
industries.
3. The condition of the laborer is better under private capitalism than it would be under
socialism.

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APPENDIX
CONSTITUTION OF THE UNITED STATES

Page 537

PREAMBLE

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.

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ARTICLE I
LEGISLATIVE DEPARTMENT

Section 1. Two Houses

1. All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and
House of Representatives.

Section 2. House of Representatives

1. The House of Representatives shall be composed of members
chosen every second year by the people of the several states, and
the electors in each state shall have the qualifications requisite for
electors[311] 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[312]. 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
enumerations 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,

Page 539

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.

Section 3. Senate

1. The Senate of the United States shall be composed of two
Senators from each state chosen by the legislature thereof[313] 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.[314]
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, 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.

Page 540

7. Judgment in cases of impeachment shall not extend further
than to removal from office, and disqualification to hold and enjoy
any office of honor, trust, or profit, under the United States; but the
party convicted shall, nevertheless, be liable and subject to
indictment, trial, judgment, and punishment, according to law.

Section 4. Elections and Meetings of Congress

1. The times, places, and manner, of holding elections for
Senators and Representatives, shall be prescribed in each state by
the legislature thereof: but the Congress may at any time, by law,
make or alter such regulations, except as to the places of choosing
Senators.
2. The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless they
shall by law appoint a different day.

Section 5. Powers and Duties of the Houses

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 the 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.

Page 541

Section 6. Privileges of and Restrictions on Members

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.

Section 7. Revenue Bills: Veto of President

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

Page 542

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.

Section 8. Legislative Powers of Congress

The Congress shall have power:
1. To lay and collect taxes, duties, imposts, and excises, to pay
the debts, and provide for the common 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 a uniform rule of naturalization, and uniform laws
on the subject of bankruptcies, throughout the United States:
5. To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities
and current coin of the Unites 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:

Page 543

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 the government of the United States, and to
exercise like authority over all places, purchased by the consent of
the legislature of the state in which 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 officer thereof.

Section 9. Prohibitions upon the United States

1. The migration or importation of such persons, as any of the
states, now existing, shall think proper to admit, shall not be
prohibited by the Congress prior to the year one thousand eight
hundred and eight; but a tax or duty may be imposed on such
importation, not exceeding ten dollars for each person.
2. The privilege of the writ of habeas corpus shall not be
suspended, unless when, in cases of rebellion or invasion, the
public safety may require it.
3. No bill of attainder, or ex post facto law, shall be passed.

Page 544

4. No capitation, or other direct tax, shall be laid, unless in
proportion to the census or enumeration hereinbefore directed to be
taken.[315]
5. No tax or duty shall be laid on articles exported from any
state.
6. No preference shall be given by any regulation of commerce
or revenue to the ports of one state over those of another; nor shall
vessels bound to, or from, one state, be obliged to enter, clear, or
pay duties, in another.
7. No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of all public
money shall be published from time to time.
8. No title of nobility shall be granted by the United States; and
no person holding any office of profit or trust under them shall,
without the consent of the Congress, accept of any present,
emolument, office, or title, of any kind whatever, from any king,
prince, or foreign state.

Section 10. Prohibitions upon the States

1. No state shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver coin a tender in payment
of debts; pass any bill of attainder, ex post facto law, or law
impairing the 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. 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.

Page 545

Page 546

ARTICLE II
EXECUTIVE DEPARTMENT: THE PRESIDENT AND
VICE-PRESIDENT
Section 1. Term: Election: Qualifications: Salary: Oath of Office

1. The Executive power shall be vested in a President of the
United States of America. He shall hold his office during the term
of four years, and together with the Vice-President, chosen for the
same term, be elected as follows:
2. Each state shall appoint, in such manner as the legislature
thereof may direct, a number of Electors, equal to the whole
number of Senators and Representatives, to which the state may be
entitled in the Congress; but no Senator or Representative, or
person holding an office of trust or profit, under the United States,
shall be appointed an Elector.
3. [The Electors shall meet in their 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 the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the
certificates, and the votes shall then be counted. The person having
the greatest number of votes shall be the President, if such number
be a majority of the whole number of Electors appointed; and if
there be more than one, who have such majority, and have an equal
number of votes, then the House of Representatives shall
immediately choose, by ballot, one of them for President; and if no
person have a 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

Page 547

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.][316]
4. The Congress may determine the time of choosing the
Electors, and the day on which they shall give their votes; which
day shall be the same throughout the United States.
5. No person, except a natural-born citizen, or a citizen of the
United States at the time of the adoption of this Constitution, shall
be eligible to the office of President; neither shall any person be
eligible to that office, who shall not have attained to the age of
thirty-five years, and been fourteen years a resident within the
United States.
6. In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the Vice-President, and
the 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.
7. The President shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished
during the period for which he shall have been elected, and he shall
not receive, within that period, any other emolument from the
United States, or any of them.
8. Before he enter on the execution of his office, he shall take the
following oath or affirmation:
9. “I do solemnly swear (or affirm), that I will faithfully execute
the office of President of the United States, and will, to the best of
my ability, preserve, protect, and defend the Constitution of the
United States.”

Section 2. President’s Executive Powers

Page 548

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 all vacancies that may
happen during the recess of the Senate, by granting commissions
which shall expire at the end of their next session.

Section 3. President’s Executive Powers (continued)

1. 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.

Section 4. Impeachment

Page 549

1. The President, Vice-President, and all civil officers of the
United States, shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes and
misdemeanors.

Page 550

ARTICLE III
JUDICIAL DEPARTMENT
Section 1. Courts: Terms of Office

1. The judicial power of the United States shall be vested in one
Supreme Court, and in such inferior courts as the 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.

Section 2. Jurisdiction

1. The judicial power shall extend to all cases, in law and equity,
arising under this Constitution, the laws of the United States, and
treaties made, or which shall be made, under their authority; to all
cases affecting ambassadors, other public ministers, and consuls; to
all cases of admiralty and maritime jurisdiction; to controversies to
which the United States shall be a party; to controversies between
two or more states, between a state and citizens of another state,[317]
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

Page 551

any state the trial shall be at such place or places as the Congress
may by law have directed.

Section 3. Treason

1. Treason against the United States shall consist only in levying
war against them, or in adhering to their enemies, giving them aid
and comfort. No person shall be convicted of treason unless on the
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.

Page 552

ARTICLE IV
RELATIONS OF STATES

Section 1. Public Records

1. 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.

Section 2. Rights in One State of Citizens of Another State

1. The citizens of each state shall be entitled to all privileges and
immunities of citizens in the several states.[318]
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.

Section 3. New States: Territories

1. New states may be admitted by the Congress into this Union;
but no new state shall be formed or erected within the jurisdiction
of any other state, nor any state be formed by the junction of two or
more states, or parts of states, without the consent of the
legislatures of the states concerned as well as of the Congress.
2. The Congress shall have power to dispose of and make all
needful rules and regulations respecting the territory or other

Page 553

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.

Section 4. Protection to States by the Nation

1. 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.

Page 554

ARTICLE V
AMENDMENT

1. 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 amendment which may be made prior
to the year one thousand eight hundred and eight shall in any
manner affect the first and fourth clauses in the ninth section of the
first Article; and that no state, without its consent, shall be deprived
of its equal suffrage in the Senate.

Page 555

ARTICLE VI
NATIONAL DEBTS: SUPREMACY OF NATIONAL LAW:
OATH

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.

Page 556

ARTICLE VII
ESTABLISHMENT OF CONSTITUTION

1. The ratification of the conventions of nine states shall be
sufficient for the establishment of this Constitution between the
states so ratifying the same.

Page 557

AMENDMENTS[319]

Page 558

ARTICLE I
FREEDOM OF RELIGION, OF SPEECH, AND OF THE
PRESS: RIGHT OF PETITION

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.

Page 559

ARTICLE II
RIGHT TO KEEP ARMS

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.

Page 560

ARTICLE III
QUARTERING OF SOLDIERS IN PRIVATE HOUSES
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.

Page 561

ARTICLE IV
SEARCH WARRANTS

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.

Page 562

ARTICLE V
CRIMINAL PROCEEDINGS

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.[320]

Page 563

ARTICLE VI
CRIMINAL PROCEEDINGS (continued)

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 favor; and to have the assistance of counsel for his
defence.

Page 564

ARTICLE VII
JURY TRIAL IN CIVIL CASES
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.

Page 565

ARTICLE VIII
EXCESSIVE PUNISHMENTS

Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

Page 566

ARTICLE IX
UNENUMERATED RIGHTS OF THE PEOPLE

The enumeration in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the people.

Page 567

ARTICLE X
POWERS RESERVED TO STATES

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.

Page 568

ARTICLE XI[321]
SUITS AGAINST STATES

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.

Page 569

ARTICLE XII
ELECTION OF PRESIDENT AND VICE-PRESIDENT

1. 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 the Government of the United States, directed
to the President of the Senate; the President of the Senate shall, in
the presence of the Senate and the 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 a 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 case of the death, or other
constitutional disability, of the President.[322]
2. 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

Page 570

consist of two-thirds of the whole number of Senators; a majority
of the whole number shall be necessary to a choice.[322]
3. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the United
States,

Page 571

ARTICLE XIII[323]
SLAVERY
Section 1. Abolition of Slavery

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. Power of Congress

Congress shall have power to enforce this article by appropriate
legislation.

Page 572

ARTICLE XIV[324]
CIVIL RIGHTS: APPORTIONMENT OF REPRESENTATIVES:
POLITICAL DISABILITIES: PUBLIC DEBT

Section 1. Civil Rights

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. Apportionment of Representatives

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. Political Disabilities

No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office, civil or

Page 573

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. Public Debt

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. Powers of Congress

The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.

Page 574

ARTICLE XV[325]
RIGHT OF SUFFRAGE

Section 1. Right of Negro to Vote

The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any state on account
of race, color, or previous condition of servitude.

Section 2. Power of Congress

The Congress shall have power to enforce this article by
appropriate legislation.

Page 575

ARTICLE XVI[326]
INCOME TAX

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.

Page 576

ARTICLE XVII[327]
SENATE: ELECTION: VACANCIES

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.
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
appointment until the people fill the vacancies by election as the
legislature may direct.
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.

Page 577

ARTICLE XVIII[328]
NATIONAL PROHIBITION

Section 1—After one year from the ratification of this article the
manufacture, sale or transportation of intoxicating liquors within,
the importation thereof into, or the exportation thereof from the
United States and all territory subject to the jurisdiction thereof for
beverage purposes is hereby prohibited.
Section 2—The Congress and the several States shall have
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 in the Constitution,
within seven years of the date of the submission hereof to the
States by Congress.

Page 578

ARTICLE XIX[329]
WOMAN SUFFRAGE

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—Congress shall have power to enforce this article by
appropriate legislation.

Page 579

INDEX

A

Accidents, industrial, 411-412
Admission of new states, 227-228
Agriculture, the federal Department of, 299 n
scope and methods of, 339-342
special characteristics of, 343-345
improvements in, 345-346
government encouragement of, 346-348
financial aids to, 348-349
problems of, 349-352
Agricultural bloc, in Congress, 282 n, 350-351
Alaska, government of, 229 n
Albany Congress, 248
Ambassadors, appointment and duties of, 591-595
Amendments, to state constitutions, 232
to national constitution, 260-262
American Federation of Labor, 403-404
Americanization, the public schools as agencies of, 28
purpose and methods of, 33
“American Plan” in industry, 409
Anti-Trust Law. See Sherman Act
Appointments to office, methods of, 99-101
confirmation of, 270-271

Page 580

presidential, 293-294
Appeals, judicial, 311-312
Appropriations in Congress, 463-465
Arbitration, of labor disputes, 409-410
compulsory, 410-411
international, 601-602
Aristotle, classification of governments by, 66-67
Armaments, the cost of, 563-564
Army, various divisions of the, 567-571
control of, in war, 571-572
Army in peace, 572-573
Articles of Confederation, 249-251, 287
Assessments for taxation, 456-457
Athletics, value of, in training citizens, 86-88
Attorney-General, office of, 299 n
Australian ballot, 132

B

Balance of power in Europe, 629
Ballot, history of the, 131-132
reform of, 132-133
preferential, 133-134
Banks, functions of, 434
organization of, 435-437
federal reserve, 437-439
work of, 439-442
See also Farm Loan Banks
Bargaining, collective, 405-406
Billboards, regulation of, 214-215

Page 581

Bill of Rights, 261
Bimetallism, the controversy over, 428-430
Blacklists, industrial, 407
Blackstone’s Commentaries, 314 n
Bloc. See Agricultural bloc
Blue-sky laws, 446 n
Boards, in counties, 169-170
in cities, 192
in state government, 238-239
of education, 498
of health, 534
Bonds, defined and explained, 445 n
government, 466-467
serial, 469
Bonaparte, Napoleon, on the qualities of a good constitution, 258
Bosses, political, their origin, 29
their methods, 160-161
Boycotts in labor troubles, 407
Brindell Case, 404 n
Bryan, William J., on free silver, 430
Budgets, how made, 462-463
in Congress, 463-465
Buildings, public, in cities, 212-214
Bureau of Animal Industry, 347
of Foreign and Domestic Commerce, 376
of Child Welfare, 415 n
of Education, 499
of American Republics, 617
Burke, Edmund, on the function of a representative, 98-99
Business taxes, 222

Page 582

C

Cabinet, organization and functions of, 297-303
Campaign funds, 161-162
Capital, as a factor in production, 48-50
Center of population in the United States, 21
Chancery. See Equity
Charters, municipal, 186-190
Checks and balances, 232-234
Child labor, the restriction of, 414-415
Chief justice, duties of, in presidential impeachments, 270 n
China, economic resources of, 335
open door in, 618-620
Circuit courts, 313
Cities, drift of population to, 22-23
growth of, 183-184
character of population in, 184-186
relation to state, 186-190
government of, 190-199
administrative problems in, 203-222
taxation in, 455-457
City councils, 193-194
City government, development of, 182-184
present organization of, 184-199
See also Municipal problems
City-manager plan, 197-198
City planning, 206-298
Citizenship, rights of, 79
qualifications for, 81
dual, 82 n

Page 583

obligations of, 83-84
training for, 84-88
Civil liberty, origin and nature of, 78-81
relation of direct legislation to, 111
Civil War, effect of, on relations between nation and states, 227
on the constitution, 261-262
martial law during, 574-575
naval progress during, 575 n
cost of pensions after, 583
danger of foreign intervention during, 608
Civil service, federal, 104
in counties, 173
See also Merit system
Clayton Act, 391, 408
Cleveland, adoption of city manager plan in, 197 n
Grover, use of armed forces in labor troubles by, 572-573
Closed shop, the question of, 408-409
Coal, the conservation of, 329-330
Codes of law, 315 n
Coinage in the United States, 427-430
Colbert, Jean-Baptiste, on the art of taxation, 455 n
Collective bargaining, 56, 405-406
Colleges, training for citizenship in, 87-88
Commerce, purposes of, 356-357
development of, 357-358
scope and nature of, 358-359
regulation of, 359-360
agencies of, 364-368
effect of tariffs on, 368-372
the encouragement of, 372-378
Commission government, in cities, 194-196

Page 584

in states, 241-242
Commissions, public service, 480-481
Committees, party, 156-158
in the Senate, 268-269
in the House, 275
of conference, 277-278
on budget matters, 464-465
Communism, economic aspects of, 650-652
Common law, 314-315
Companies, commercial, 50-51
See also Holding companies
Competition, the nature of, 54
among public utilities, 475-476
Conciliation in labor disputes, 409-410
Confederation, Articles of, 249-251
Confirmation of appointments, 100
Congress, of the Confederation, 248-252, 257
of the United States, influence of public opinion on, 95-96
organization and work of, 266-282
committees in, 268-278
agricultural bloc in, 350-351
new budget system in, 464-465
of Vienna, 627-628
Conservation of natural resources, 326-336
Consular service, 373-374
Constitution of the United States, events leading to, 246-253
makers of, 254-255
nature of, 257-258
development of, 258-260
methods of amending, 260-262
Constitutions, state, 230-232

Page 585

Consumption of wealth, 39-40
Constabulary, state, 217
Constitutional Convention of 1787, 253-257
Continental Congress, 248
Contract, freedom of, 55-56
Conventions, party, state, 129, 156-157
national, 158-159
Coroner, office of, 172
Corporations, the nature of, 50-51
citizenship of, 81 n
industrial, 384-385
control of, 389-393
Council, in cities, 193-194
County districts, 177
County government, 167-174
County manager plan, 170
Courtesy of the Senate, 270-271
Courts, county, 170-171
state, 239
federal, 308-313
Courts-martial, 573-574
Covenant. See League of Nations
Credit, agricultural, 348-349
relation of money to, 442-443
Credit, relation of prices to, 443-444
advantages and dangers of, 444-445
Crime, classifications of, 550-551
causes of, 552-553
methods of dealing with, 553-557

Page 586

“Crime of 1873”, 429 n
“Cross of Gold” campaign, 430
Currency, paper, history of, 430-431
present forms of, 431-432
advantages of, 432-434
Currency Act (1900), 430
Custom, the influence of, 9-10

D

Darwin, Charles, theories of, 2-4
Debts, public, necessity of, 465-466
nature and amount of, 466-468
repayment of, 468-469
Declaration of Independence, influence of John Locke on, 64-65
assertion of civil rights in, 80
political doctrines of, 248-249
Defence, national, cost of, 563-564
need for, 564-567
methods of, 567-583
Degeneracy as a cause of poverty, 542
Demand and supply, relations of, 40
Democracy, true and false types, 68
progress of, 69
justification of, 70
relation of education to, 492-493
relation of socialism to, 657-658
achievements of, 658-660
citizen’s duty toward, 660-661
Departments, in city government, 191-192, 205-206
in state government, 238-239
in federal government, 299

Page 587

Diminishing returns, the law of, 343
Diplomatic service, organization and functions of, 591-595
Direct legislation, progress of, 107-108
procedure in, 109-110
merits and defects of, 110-112
Disarmament, international, 576-577
See also Washington Conference
Disease, the germ theory of, 516-517
transmission of, 517-520
in industry, 521-522
the prevention of, 522-524
District attorney. See Prosecuting attorney
of Columbia, government of, 230 n
courts, federal, 313
Divine right, theory of, 63-64
Division of labor, 44-46
in agriculture, 344-345
of powers, 232-234
Divorce problem, 557-560
Domestic relations, courts of, 559
Drug evil, the, 526
Duties on imports, 459
See also Tariffs and Tariff problems

E

Economics, the subject-matter of, 38-39
Education, relation to democracy, 492-493
to personal efficiency, 493-494
purpose and value of, 494-495
growth of, 495-496
control and management of, 496-498

Page 588

national government’s work for, 498-499
federal aid to, 499-500
problems of, 500-507
vocational, 507-508
Educational tests for voting, 122-124
Elections, in counties, 169
procedure at, 129-137
corrupt practices at, 137-138
of senators, 267-268
of representatives in Congress, 273-274
presidential, 288-290
See also Ballots, City Government, Voting
Emergency Fleet Corporation, 375
Employers’ liability, 411-412
England, local government in, 227
cabinet system in, 301
Environment, the influence of, 5-9
Equity, origin and nature of, 316-317
Espionage Act, the, 581
Europe, relations with, 613
Evolution, theory of, 1-5
in political institutions, 66
Excess profits, taxation of, 458-459
Exchange, the theory of, 53
Expatriation, the doctrine of, 83

F

Factories. See Industry
Family, as a fundamental social group, 11-12
its place in the evolution of government, 66

Page 589

Far East, American interests in the, 617-618
Farm Loan Banks, 348-349
Farmers’ Alliance. See National Farmers’ Alliance
Institutes, 350
Farmer-Labor party, 351
Federalism, the nature of, 67-68
Federalist, The, 257
Federal reserve banks, organization and work of, 437-439
Trade Commission, 341-392
Filibusters, 278-279
Filtration of water supplies, 530-531
Fire prevention, the need for, 217-218
methods of, 218-219
Fisheries, economic importance of, 333
Fittest, survival of the, 3-4, 11
Food, the inspection of, 525-526
control of, in war time, 582
Foreign policy, American traditions relating to, 606-607
nature of, 587-590
control of, 590-591
how conducted, 591-602
Forests, economic importance of, 331
See also Reserves
Four Power Treaty, 619-620
Fourteen Points, the, 609-610
France, local government in, 227
Franchises, taxation of, 456
public service, 477-480
Freedom of speech in war time, 581-582

Page 590

Free silver, the fight for, 428-430
Free trade, arguments for and against, 370-372

G

Garbage, disposal of, 527-528
Gary system, 506-507
General property tax, 455-456
“Gentlemen’s agreement”, with Japan, 32
in industry, 386
Geography, influence of, 8-9, 333-336
George, Henry, social views of, 461 n
Germany, social insurance in, 419
Gerrymander, origin and use of, 273
Gladstone, W. E., opinion of the national constitution, 256-257
Gompers, Samuel, 405
Government, the importance of, 13
as a factor in production, 51-52
the basis of obedience to, 63-65
origin of, 65-66
classification of, 66-69
purpose of, 70-72
functions of, 72-73
the study of, 74
Governor, position and powers of, 237-238
Grand jury, 318
Granges. See Patrons of Husbandry
Greenbacks, the, 431
Guidance, vocational, 396-397
Guild operation, 488-489

Page 591

H

Habeas corpus, the writ of, 317 n
Habit, influence of, 10
Hague Conferences, the, 577
Hamilton, Alexander, 255, 257
Report on Manufactures, 370
Hawaii, government of, 229 n
Hayes-Tilden election, 290 n
Highways in counties, 168
Hobbes, Thomas, defender of absolutism, 65
Holding companies, 387
Holy Alliance, 598-599
Home rule, municipal, 187-190
House of Representatives, federal, organization and work of, 272-
283
Housing, municipal control of, 531-533

I

Ideals, national, economic influence of, 327
effect of urban growth on, 184-186
Illiteracy in the United States, 502 n
Immigration, the course of, 23-24
causes of, 25-26
effects of, 26-29
restriction of, 29-30, 32
Impeachments, federal, 269-270
Income taxes, 458-459
Increasing returns, law of, 388

Page 592

Incidence of taxation, 451-452
Individualism as an economic system, 14, 73
Index numbers, 443 n
Industrial accidents, 411-412
courts, 410-411
democracy, 393-394
Revolution, nature of, 383-384
Revolution, effect on labor, 400-401, 414 n
Workers of the World (the I. W. W.), 405
Industry, definition of, 383
development and organization of, 384-386
combinations in, 386-389
government regulation of, 389-393
present-day problems of, 393-397
the hygiene of, 520-521
Inheritances, taxes on, 458
Initiative and referendum, origin and spread of, 107-108
how used, 109-110
value of, 110-111
objections to, 111-112
Injunctions, use of, in labor disputes, 407-408
Insular possessions, government of, 229-230
Insane, problem of the, 549-550
Insects as disease carriers, 518-519
Insurance, against accident, 413
against unemployment, 418
against old age, 419
Interest on invested capital, 49-50
Interior Department, its work, 299 n
International, The, 651-652
International law, nature and scope of, 588-590

Page 593

Interstate commerce, growth of, 359-361
regulation of, 362-364
Commerce Commission, jurisdiction and work of, 363-364
Interpretation, development of the constitution by, 259-260

J

Jackson, Andrew, removals from office by, 102
Japan, relations with, 618-620
Japanese, problem of the, on Pacific slope, 32-33
Jefferson, Thomas, believer in social contract theory, 65
on entangling alliances, 598, 606
Johnson, Andrew, impeachment of, 270 n
Judicial procedure, 317-323
Judicial supremacy, the doctrine of, 310-311
Judges, selection and removal of, 239-240
Jukes, the, 542-543
Junior high schools and colleges, 502-503
Jury, grand, 318
trial, 318-319
merits and defects of, 317-321
Justice, Department of, its work, 299 n
Juvenile delinquency, 557

K

Kansas plan of arbitration, 410-411
Knights of Labor, 402-403

L

Labor, as a factor in production, 43-44

Page 594

division of, 44-46
perishable nature of, 46-47
federal department of, 299 n
Labor in agriculture, 349
changes in the conditions of, 400-401
organization of, 401-403
American Federation of, 403-404
the radical element in, 404-405
methods and policies of, 405-410
problems of, 410-419
services of, during the World War, 419-420
relations of, to League of Nations, 637
Latin-America, relations with, 615-617
Law, branches of the, 314-315
military, 573-574
martial, 574-575
relations of labor to, 411
League of Nations, origin of the, 625-630
covenant of, 630-632
as a scheme of government, 632-636
system of mandates, 636-637
relation of labor to, 637
public health work of, 638
American objections to, 638-639
work of, 639-640
relation of Washington Conference to, 640-641
future of, 641-642
relation of Monroe Doctrine to, 600 n
Legislative reference bureaus, 237 n
Legislatures, state, decline of confidence in, 108
organization of, 235-237
L’Enfant, Major, planning of Washington by, 207
Liquor traffic, its effect upon the public health, 526-527

Page 595

Loans to European countries, 613-614
See also Debts
Lobbying, 237 n
Local government in Europe and America compared, 178-179
Locke, John, his theory of political obedience, 64
Lockouts, industrial, 407
Lockwood Committee, its investigations, 55 n
London, first civil police established in, 216
poverty in, 541
Los Angeles, origin of recall in, 114
Louisiana Purchase, 228
Lusitania, sinking of the, 609

M

McCulloch v. Maryland, the case of, 435 n
Machines, political, 159-160
Madison, James, on the need of national defence, 564
contributions to The Federalist, 257
Magna Carta, 79, 323, 495
Maine, Sir Henry, on the rise of men from status to contract, 56
Management, industrial, as a factor in production, 50-51
Mandate (mandamus), the writ of, 317 n
Mandates, the system of, 636-637
Martial law, 574-575
Mayor, position and powers of the, 190-191
Mentally defective, the problem of the, 549-550
Merchant marine, 375-376

Page 596

Mergers in industry, 387
Merit system, origin of, 103-104
workings of, 104-105
value of, 105-106
in the consular service, 374
Metropolitan counties, 173-174
Mexico, relations with, 615-617
Military government, 575 n
Military law, 573-574
Militarism, the encouragement of, 565-566
Milk, inspectors of, 524-525
Mines and minerals, economic importance of, 329-340
their relation to conquest, 334-335
Minimum wage laws, 416-417
Minor political parties, 152-153
Mints in the United States, 428
Money, origin of, 424-425
functions and characteristics of, 425-427
Money, forms of, in the United States, 427-433
relation of credit to, 442-443
quantity theory of, 444
See also Currency
Monopolies, types of, 54
effects of, 55
industrial, 387-388
natural, 474-475
Monroe Doctrine, origin and nature of, 596-599
present status of, 600-601
Municipal problems, 203-222
See also City government

Page 597

N

National banks, organization and work of, 435-439
Farmers’ Alliance, 350
Guard, relation of federal authorities to, 568-569
Naturalization, requirements for, and procedure in, 81-82
Natural monopolies, 474-475
resources, 326-336
selection, the principle of, 3-4
Navy, growth and organization of, 575-576
See also Disarmament
Near East, American interests in, 620
Negroes, migration of, to the United States, 27
present numbers and distribution, 30-31
problems of, 31-32
voting rights of, 261-262
Neutrality, laws of, 589
American contributions to the rights of, 601
New England town, the government of, 175-176
New York City, population of, 23
poverty in, 541
New Zealand, compulsory arbitration in, 409 n
Nominations, history of, 120-121
methods of making, 127-129
See also Conventions, Primary
Normal schools, 504
Northern Securities Case, 365-390

O

Oil, the conservation of, 329-330
Old age pensions, 419

Page 598

Open shop, controversies over, 408-409
Optional charter system, 189 n
Oregon, direct legislation in, 110
Organization, of industry, 50-51, 384-385
of labor, 401-405
Ownership, public. See Public ownership

P

Pacific, problems of the, 618-620
Panama Canal, the, 617
Pan-American Congress, 617
Parks and recreation grounds, 212
Parole system, 555-556
Parties, political, nature and functions of, 145-150
history of, 150-151
programs of, 151-154
the voter’s relation to, 154-155
organization of, 156-161
finance of, 161-162
reform of, 162-163
Partnerships, business, 50
Patents, 55
Patrons of Husbandry, 350
Pauperism, nature of, and remedies for, 540-549
Pavements, 210-212
Peel, Sir Robert, first civil police system established by, 216 n
Penn, William, plan of colonial union proposed by, 248
Pensions, the cost of, 583
old age, 419

Page 599

Petitions, for direct legislation, 109
Picketing during labor troubles, 407
Playground, training for citizenship on the, 86
Philippines, government of the, 229 n, 230 n
Plumb Plan, 366, 489
Pocket veto, 294
Police, history of, 215-216
organization of, 216-217
Poll taxes, 456
Pools in industry, 386-387
Poor relief, history and methods of, 540-549
Popular sovereignty, 94-95
Population, growth of, 19-20
distribution of, 20-21
center of, 21
drift of, to the cities, 22-23
“Pork barrel”, in Congress, 464 n
Porto Rico, government of, 229 n
Poverty, extent and causes of, 540-545
methods of dealing with, 545-549
President of the United States, position and powers of, 286-297
control of army, 571-572
control of navy, 576
Preparedness for war, the true nature of, 578-580
Price-fixing by governments, 391
Prices, relation of, to value, 53-54
to money and credit, 443-444
to taxes, 452
Primary, the different forms of, 127-129

Page 600

Prisons and prison reform, 554-555
Private property, regulation of, 214-215
Probation system, 556-557
Production, economic, 41-42
the factors in, 42-52
large-scale, 388-389
Profit sharing, 394-395
Profits, nature and basis of, 51
Property, private. See Private Property
Proportional representation, 134-136
Prosecuting attorney, 171-172
Protective tariffs, arguments for, 370-371
arguments against, 371-372
Public buildings, in counties, 168
in cities, 212-214
Public domain, 327-328
Public health, importance of, 514-515
progress in the protection of, 515-516
menaces to, 516-520
methods of safeguarding, 521-534
enforcement of regulations relating to, 534-535
Public Health Service, federal, 534-535
Public libraries, 504-505
Public opinion, nature and influence of, 94-96
Public ownership, in Europe, 482
in America, 483
arguments for, 483-485
arguments against, 435-437
Public service commissions, 480-481

Page 601

Q

Quantity theory of money and prices, 444
Quarantine, methods of, 522-523

R

Races in the United States, 19-33
Radicalism, growth of, 646-647
Railroads, the beginnings of, 362-363
relation of, to Sherman Act, 364-365
in war time, 365-366
government operation of, 366-367
return to private operation of, 367
future of, 368
Railway Labor Board, 367
Ratio of representation, 272
Recall of officers, 113-114
Recess appointments, 271
Reciprocity with Canada, 373
Reconstruction, economic, in Europe, 614-615
political and economic, 646-661
Redistricting, 273
Refunding of public debts, 468
Registration of voters, 125-126
Regular army, 567-568
Removals from office, 106
Rent, its nature, 43
Representation, proportional, 134-136
Representatives, effect of direct legislation on the quality of, 112

Page 602

the choice of, 96-97
proper function of, 98-99
Reserves, forest, 332-333
Restraint of trade, 389-390
Resources, natural, 326-336
Revolution, American, as a unifying factor, 248
Rings, political, 160-161
Rome, ancient, prestige of citizenship in, 80-81
Roosevelt, Theodore, on national defence, 565 n
in Venezuela controversy, 590
Rule of reason, the, 390
Rural exodus, the, 351-352
Russia, the new government in, 647-652

S

Sales tax, as proposed, 462
Schools. See Education
Second jeopardy, 320
Secret diplomacy, 595-596
Selective service in war time, 570-571
Selectmen, boards of, in towns, 176
Senate of the United States, organization and powers of, 267-272
rejection of treaties by, 631
Senatorial courtesy. See Courtesy of the Senate
Sewage, collection and disposal of, 527-528
Sheriff, office of, 171
Sherman Act, 364-365, 389-390, 391 n

Page 603

Shipping Board, 375
Single tax, as proposed, 461-462
Short ballot, 132-133
in county elections, 174
Sinking funds, 468
Smith, Adam, on the canons of taxation, 455
Smoke abatement in cities, 531
Social contract, theory of, 65
control, 14-15
control, the limits to, 72-73
insurance as a means of reducing poverty, 548
Socialism, defined and explained, 652-653
arguments for, 653-654
arguments against, 654-658
Socialist party, its rise and present status, 154
Society, its origin and nature, 1-13
Soil, economic importance of, 327-328
exhaustion of, 345
Soviet system in Russia, 647-650
Speaker, office of, 274-275
Special assessments, 457
Spoils system, 101-103
in the consular service, 374
State Department, its work, 591
States, nature of, 62-63
relation of local government to, 186-190, 219-220
relation to national government, 226-227
admission of, 227-230
constitutions of, 230-232
functions of, 232-233

Page 604

legislative organization in, 235-237
executive organization in, 237-238
judicial organization in, 239-240
encouragement of agriculture by, 348
control of corporations by, 392
tax systems of, 457-458
educational work of, 496-497
supervision of public health by, 534
Statutes and statutory law, 315-316
Steam, revolution in industry caused by, 384
Stock exchange, functions of, 445-446
Streets, planning of, 208-209
width and arrangement, 209-210
paving of, 210-212
Strikes, how organized, 406-407
Succession to the presidency, 296
Suffrage, history of, 119-120
negro, 120-121
universal, 121-122
See also Elections, Voting
Supreme Court of the United States, its constitutional functions,
259-260
its organization and influence, 308-311

T

Tariffs and tariff policy, 368-372
Taxation, in cities, 220-222
the burden of, 450-451
the incidence of, 451-453
special nature of, 453-454
principles of, 454-455
local, 455-457

Page 605

state, 457-458
national, 458-459
the two purposes of, 459-460
exemptions from, 460-461
the reform of, 461-462
Taxes, on immigrants, 30
as an element in the cost of production, 52
Teachers, the training of, 503-504
Tenements. See Housing
Territories, the government of, 229-230
Timber, the conservation of, 331-332
Town government, 175-176
Towner-Sterling Bill, 499 n
Township government, 176-177
Trade unions. See Organization of labor
Traffic zones, 210
Transportation Act, 364, 367
Treasury, Department of the, 299 n
Treaties, ratification of, by the Senate, 271
commercial, 373
how made, 596-597
Trial by jury, 318-321
Tribe, its place in political evolution, 66
Triple Alliance, 628-629
Trusts, industrial, 387
Tweed, William M., 161 n
Typhoid fever, its cause and method of transmission, 517-518

U

Page 606

Unemployment, the problem of, 417-418
Unions, labor, aims and methods of, 401-410
Universal military training, merits and defects of, 578
Usage, development of constitution by, 258-259
Utility, the principle of, in determining demand, 40-41
Utilities, public, 215
the nature of, 474-476
regulation of, 470-477
franchises of, 477-480
public ownership of, 481-488
guild operation of, 488-489

V

Vaccination and inoculation, effects of 523-524
Value, definition of, 53
Versailles, Treaty of, 610, 631 n
Vice president, election of, 288
duties of, 270 n
functions of the, 296-297
Veto power, the President’s, 294-295
Vocation, the choice of a, 396-397
Vocational education, 507-508
See also Guidance, vocational
Volunteers, use of, in war, 569-570
Voting, preferential, 133-134
qualifications for, 122-125
absent, 138
compulsory, 138-139
by machine, 139-140
in Congress, 278 n
See also Registration of voters, Suffrage

Page 607

W

Wages, factors affecting the rate of, 47-48
War, the cost of, 563-564
the causes of, 566-567
preparedness for, 578-581
the laws of, 588-589
humanizing of, 601
measures for the prevention of, 635-636
See also Arbitration, Hague Conferences, League of Nations,
Washington Conference
War Industries Board, 582
Washington Conference, 575 n, 577, 619-620
Washington Conference, relation of League of Nations to, 640-641
Washington, George, as a non-partisan President, 102
on the weakness of the Confederation, 252
at the constitutional convention, 254
on two-house legislatures, 266
advice on foreign policy, 597-598, 606 n
Waste disposal, methods of, in cities, 527-528
Water supply, sources and methods of, 529-530
Wealth, definition of, 39
Weather Bureau, importance of its work, 347
Wellington, the Duke of, on the value of organized play, 87
Wider use of the school plant, 505-506
Whitehall, Indiana, center of population, 21
Wilson, Woodrow, on the aims of America in the World War, 609-
610
See also Fourteen Points, League of Nations, World War
Woman suffrage, the winning of, 262
Women, in industry, the protection of, 413-414

Page 608

Workman’s compensation, 413
World power, the United States in relation to, 606-621
World War, rise of wages during, 48
American agriculture during, 342-343
American labor during, 419-420
public debts resulting from, 466
powers of the government during, 580-583
America’s part in, 608-609
cost of, 612
problems created by, 646-661
Writs at law, 317 n

Y

Year Book of the Department of Agriculture, 347

Page 609

Footnotes

1. For example, by covering Chapters i, ii, iv-xvi, xxviii-xxix, in the first
term and Chapters iii, xvii-xxvii, xxx-xxxii in the second.

2. Charles Darwin, a distinguished English student of biology, was born in
1809, and died in 1882. His theory was set forth in two famous books, The
Origin of Species and The Descent of Man.

3. The most interesting general account of the beginnings of life and the
ancestry of man is that given in H. G. Wells’ Outline of History, Vol. I, pp.
3-103. A brief summary of the evidence on which the doctrine of evolution
rests may be conveniently found in H. R. Burch and S. H. Patterson,
American Social Problems, pp. 12-32.

4. For a discussion of these other factors see Vernon Kellogg, Darwinism
Today.

5. There has been much discussion among scientists as to whether
acquired characteristics can be transmitted at all. The best opinion seems to
be against such transmission, but some biologists still hold to the belief that
transmission is possible, particularly in the lower organisms. For a further
discussion see W. E. Castle, Genetics and Eugenics, pp. 26-27.

6. One of the best things ever written is the chapter on “Habit” in William
James’s Psychology. No one will regret the time spent in reading it.

7. The following table shows the increase, by decades, in round figures:
1790— 3,900,000 1840— 17,000,000 1890— 62,900,000
1800— 5,300,000 1850— 23,100,000 1900— 75,900,000
1810— 7,200,000 1860— 31,400,000 1910— 91,900,000

Page 610

1820— 9,600,000 1870— 38,500,000 1920—105,000,000
1830— 12,800,000 1880— 50,000,000
From this it will be seen that the ratio of increase is declining. The
population increased about one-third in each decade from 1790 to 1860; by
about one-fourth in each decade from 1860 to 1890; by about one-fifth in
the two decades from 1890 to 1910; and by less than one-sixth in the decade
from 1910 to 1920.

8. It is customary to think of India and China as very densely populated;
but both have fewer than 225 inhabitants to the square mile.

9. A map showing the progress of the center from East to West will be
found facing this page.

10. Mr. H. G. Wells, in his interesting book entitled When the Sleeper
Wakes, gives a picture of what the world will be like if all its inhabitants live
in cities, and the country workers are carried back and forth by rapid transit.

11. In 1880, for example, only about four per cent of the immigrants were
Italians while about thirty per cent were Germans; in 1910 the Italians had
risen to more than twenty per cent while the German immigrants had
declined to less than five per cent.

12. From 1783 to 1820 it is estimated that not more than 250,000
immigrants came to the United States. P. F. Hall, Immigration, p. 4. The total
population in 1820 was ten millions.

13. The monotony of labor, however, is to some extent a matter of
temperament. Some workers find even routine tasks interesting because they
are constantly trying to attain greater expertness at the particular job. Others
find work of a very varied character to be monotonous.

14. There are two other forms of productive organization, neither of them
very common. One is the co-operative association, with or without capital
stock; the other is the organization of production under the direct
management of the public authorities. The organization of the postal service
is an example.

Page 611

15. The Lockwood Committee, which made its investigations during 1920
in New York, found that excessive costs of building construction were due in
considerable measure to the existence of artificial monopolies among
producers of building materials.

16. It has been suggested that instead of giving inventors the exclusive
right to make and sell their appliances, this right should be given to
everybody with a provision that a fixed rate of royalty should be paid to the
inventor. This would afford an incentive to the inventor while preventing the
creation of legal monopolies.

17. The doctrine of the divine right of rulers was based upon certain
Biblical texts, particularly Romans xiii, 1-7, and was put forth in the Middle
Ages to support the secular rulers against the Church. The Bourbon kings of
France, especially Louis XIV, asserted it, as well as the Stuart kings of
England. The House of Hohenzollern in Germany maintained the doctrine,
and the former Kaiser on more than one occasion alluded to himself as a
ruler by divine right. Those who are interested in pursuing this topic further
will find a great deal about it in J. N. Figgis, The Divine Right of Kings
(London, 1896) and in The Political Writings of James I (ed. C. H.
McIlwain, Cambridge, 1915).

18. For example, E. L. Godkin, Unforeseen Tendencies of Democracy (N.
Y., 1898), p. 46; Emile Faguet, The Cult of Incompetence (N. Y., 1911), pp.
35-36; A. M. Kales, Unpopular Government in the United States (Chicago,
1914); A. B. Cruikshank, Popular Misgovernment in the United States (N.
Y., 1920), and Alleyne Ireland, Democracy and the Human Equation (N. Y.,
1921), pp. 75-79.

19. Corporations, as well as individuals, are citizens in the eyes of the
law. The Standard Oil Company of New Jersey is a citizen of New Jersey
and as such is entitled to all the “privileges and immunities of citizens of the
United States”.

20. Some children although born in the United States are not subject to
American jurisdiction. The children of a foreign ambassador, serving in the
United States, are for this reason not citizens, even though born here.
Children born on board a foreign warship in an American harbor are not

Page 612

deemed to be “subject to the jurisdiction” of the United States. But with a
few unimportant exceptions of this sort all persons born in the United States
are born within its jurisdiction, and hence are citizens by birth.
One may be an American citizen by birth, moreover, without having been
born in the United States. The children of American parents, even though
born outside the territory of the United States, have the right to claim this
citizenship. Children of American parents, born on the high seas, or on
American war vessels in foreign ports, or children of American ambassadors
born abroad, are citizens of the United States by virtue of their parentage.
Children of American parents, born on foreign soil, have the right to choose
between American citizenship and citizenship of the country in which they
were born.

21. On rather rare occasions a large body of people, not citizens by birth,
have become citizens of the United States by what is called collective
naturalization. When Louisiana (1803), Florida (1819) and Alaska (1867)
were acquired, for example, the treaties which provided for their acquisition
stipulated that all inhabitants of these territories should be admitted to
American citizenship without becoming individually naturalized. On the
other hand, when Porto Rico and the Philippine Islands were ceded to us by
Spain in 1898 there was no such provision. In the case of the Porto Ricans,
citizenship was conferred by an act of Congress in 1917; in the case of the
Filipinos the full status of American citizenship has not yet been granted.
The Filipinos are called “nationals” of the United States, which means that
they have the protection of the federal government, but are not entitled to all
the other privileges and immunities of citizenship as provided in the
constitution. Collective naturalization may thus be provided for by treaty or
granted by act of Congress.

22. The leisure hours of pupils may also be utilized to secure excellent
lessons in good citizenship. Unfortunately they are not always so used.
Many of the recreations which are now popular with the young people of the
United States afford neither physical exercise nor mental inspiration, neither
do they conduce to the strengthening of character.

23. Attention should be called to the inducement which in some schools is
given to broad civic training by awarding to pupils a rank which is based
upon proficiency in all their activities, scholarship, athletics, debating, good

Page 613

influence upon others, qualities of leadership, and so on. Student self-
government may also be used in schools to afford training in the
fundamentals of good citizenship.

24. In doing this they do not take editorials, resolutions, and letters too
seriously. Some newspapers merely reflect the opinion of their owners, not
public opinion. Societies often adopt resolutions without hearing both sides
of the case. Congressmen sometimes receive several hundred letters in a
single day, most of them saying exactly the same thing, which means that
they have all been inspired from the same quarter.

25. The President of the United States is to all intents and purposes
chosen directly by the voters although as a matter of form the choice is made
indirectly (see pp. 288-290).

26. The appointment of officials is sometimes made by legislative bodies,
although this plan is not common. In a few states the judges are named by
the legislature. In some others the legislature elects the state treasurer, the
secretary of state, the comptroller, or the auditor. Where the commission
form of city government has been adopted all appointments are made by the
commission. The general theory of American government is, however, that
the choosing of administrative and judicial officers should not be vested in
the hands of a legislative body. It is regarded as undesirable that the body
which enacts the laws should have anything directly to do with the selection
of those officers who enforce or apply the laws. But this principle ought not
to be applied inflexibly; there are good reasons at times for making
exceptions to it.

27. Washington was not a party man and cared very little about the
political views of men whom he appointed to public office. His immediate
successors, Adams and Jefferson, did not preserve this strict impartiality; on
the other hand, they were disinclined to treat public office as a mere means
of rewarding their own supporters. They did not remove office-holders in
order to make room for their own political friends.

28. The story is often told, and it may well be true, that at a critical time in
the war a visitor to the White House remarked to Lincoln that the
responsibilities of the great struggle must be a heavy burden upon his

Page 614

shoulders. “No,” replied the President, “it is not the war that is giving me the
greatest worry at this moment. It is the problem of filling that
postmastership at Little Rapids, Indiana.”

29. No method of appointment will secure the best results, however,
unless it is accompanied by a fair system of promotions. This has not yet
been arranged for on any large scale. Appointments are to a large extent
based upon merit, but promotions are still determined, in many cases, by
personal or party favoritism. Rarely is there any examination or other test to
decide who will be promoted when a vacancy occurs higher up. It is
desirable, therefore, that the merit system of appointment should be
supplemented by a merit system of promotions. Many capable young men
and women will not enter the public service today because there is no
certain chance of promotion on the basis of ability and industry. A merit plan
of promotion would help to attract better candidates. The public treasury,
moreover, ought to provide pensions for those who retire by reason of old
age after many years of faithful service. Some large private institutions are
now doing this. The nation, state, and city ought to adopt the same practice,
not only because it is the humane way of treating aged employees but
because it would make the public service more attractive as a career.

30. In a sense, however, the terms initiative and referendum are merely
new names for very old institutions. The right of petition, which is the
foundation of the initiative, has always existed in the United States. The
referendum, in other words the submission of questions directly to the
people, is as old as the New England town meeting; indeed it goes back to
the time of ancient Athens. All early democracy, in fact, was direct
democracy; the people decided things without legislatures. But as
communities grew in size this system of direct democracy became
impractical; hence they resorted to representative government. Now, when
representative government fails to satisfy, we go back again in a roundabout
way to the old method.

31. Only five of these states, however, lie east of the Mississippi River.
Why is it that so many of these new movements, political and economic,
originate somewhere in the West? Direct legislation, the recall, woman
suffrage, popular election of senators, free silver, the single tax, Populism,
the Non-partisan League,—the list would be a considerable one if given in

Page 615

full. It is often said that the growth of industrial communities, with large
bodies of propertyless workers, tends to promote radicalism; but the West is
still predominantly agricultural. What new political or economic movements
have had their origin in industrial states like Massachusetts, Connecticut, or
Pennsylvania during the past twenty-five years?

32. Here are some of the matters submitted to the voters of a certain
Western city at one election: to pension firemen; to grant a street railway
franchise; to abolish grade crossings; to exempt certain city officers from
being citizens of the United States; to define the powers of the municipal
court; to exempt certain officers from the civil service rules; to regulate the
sale of bonds; to change the method of passing ordinances; to allow the city
to acquire property outside the city limits, etc. Is the average voter likely, or
unlikely, to know much about things of this sort?

33. In 1921 the voters of North Dakota recalled Governor Frazier from
office before the expiry of his term.

34. See p. 31.

35. In England full suffrage has been granted only to women who are
thirty years of age or over. This was purposely done in order that the male
voters should be in the majority.

36. New York State in 1921 joined the list of states which impose the
literacy test.

37. Various classes of people, although qualified by citizenship, age, and
residence, are debarred from voting on other grounds. Among these are
insane persons, criminals, and, in some states, those who have been
convicted of bribery or other serious offences against the election laws. In
some states, also, soldiers of the regular army and enlisted men of the navy
are denied the right to register as voters on the ground that they are not
really residents but merely representatives of the national government
temporarily quartered within the state boundaries. Civil officials of the
national government are not debarred.

Page 616

38. This gives the party workers an opportunity to investigate all
suspicious names on the list and be ready for action when election day
comes.

39. Sometimes annual registration is required in the cities but not in small
towns or rural districts. In Ohio there is an annual registration in cities of
over 100,000 population; a registration every four years in smaller cities,
and no general registration at all in the rural districts. In the latter the same
list is used year after year with such individual changes as may be necessary.

40. In most cases they take the voter’s say-so as sufficient proof of his
party allegiance.

41. At the New York state primaries of September, 1920, the candidate
who won the Democratic nomination for governor received fewer than
200,000 votes; at the November election he received more than a million,
and yet was not elected.

42. In a few cities, for example in Boston, there are no primaries before
the municipal elections. Candidates for the office of mayor may be
nominated by presenting a petition signed by not fewer than 5000 qualified
voters; candidates for the city council must have at least 2500 signatures.

43. This roundabout way of fixing the election date is used in order to
make certain that the election shall not take place on the first day of the
month, a time when those who work in banks, offices, etc., are particularly
busy.

44. It is sometimes arranged that local elections shall take place in the odd
years, while national and state elections come in the even years.

45. A ward boss in a certain American city some time ago was urging his
followers to vote the “straight ticket”, but knowing that some of them could
not read and recalling the fact that the figure of an eagle stood at the top of
his party column, he bellowed at them “Now when you go to the polls put
your cross right under that chicken with the short legs”.

Page 617

46. For a further discussion, with additional data, see C. A. Beard,
American Government and Politics, p. 673.

47. Proportional representation should also be distinguished from limited
voting and cumulative voting. Under the limited voting plan a voter is
permitted to mark his ballot only for some smaller number of candidates
than there are places to be filled. For example, if seven councilmen are to be
chosen by the electorate of the city at large, each voter might be permitted to
vote for not more than four. The outcome would very likely be that the
strongest party would elect four councilmen and the next strongest three.
This gives a certain amount of minority representation, but does not ensure
proportional representation. Cumulative voting is an arrangement under
which each voter is given as many votes as there are candidates to be elected
but is permitted to allot all or any of his votes as he pleases. Thus, if three
assemblymen are to be elected, the voter will have three votes. He may give
all three votes to one candidate; or two votes to one candidate and one vote
to another; or one vote to each of three candidates. This plan also gives
reasonable assurance of minority representation, because the weaker party
will concentrate its votes upon one candidate, but the usual outcome is that
the majority, whatever its strength, will have twice as many representatives
as the minority. It does not, therefore, ensure proportional representation.
This plan has been used in Illinois.

48. In Ashtabula (Ohio), Boulder (Colorado), West Hartford
(Connecticut), and Sacramento (California). Cleveland, the fifth largest city
in the United States, adopted in 1921 a new city charter in which provision
is made for using proportional representation at council elections. The first
election under the new plan will be held in the autumn of 1923.

49. Various other things, not in themselves wrong, have been made illegal
by statute because they are regarded as contrary to good public policy in that
they tend to render an election undignified, or unfair, or unnecessarily
expensive. Canvassing and distribution of campaign literature is forbidden
within a certain radius of the polling place. Campaign advertisements must
not be printed in some states unless they bear the name and address of a
qualified voter. Candidates are required to file with the proper authorities a
statement of their campaign expenses and it is illegal to spend more than a
prescribed sum even for purely legitimate purposes, such as the hiring of

Page 618

halls and the printing of posters. The purpose of these provisions is not only
to render the election a dignified affair, as becomes an exercise of popular
sovereignty, but to give every candidate, rich or poor, as nearly equal a
chance as the laws can ensure. These regulations are sometimes evaded, it is
true, but on the whole they are well respected both by party organizations
and by candidates. In Senator Newberry’s case the United States Supreme
Court ruled that Congress could not limit the campaign expenses of
candidates for election to the Senate or the House. Control of these elections
rests with the several states.

50. They try to persuade the existing parties into helping them gain their
object; if they fail in this, they frequently organize a new party. Thus the
Liberty and Free Soil parties were organized to abolish slavery; the
Prohibition party to get rid of the liquor traffic, and the Progressive party to
put through various political and economic changes which the older parties
would not father.

51. That, indeed, is what does actually happen at times in spite of the
party system. A President, elected by one political party, negotiates a treaty;
a Senate controlled by the other political party declines to ratify it. A
governor insists that pledges made by him during the election campaign
shall be carried out; but the legislature (having a majority of the opposite
faith) declines to pass the necessary laws. A mayor tries to make an
appointment, and his political opponents in the city council refuse
confirmation. Such things happen now and then. As a general rule, however,
when a political party gains control of one branch of the government it gains
control of the other too.

52. There have been some critical issues at different times in American
history, such as nullification, slavery, secession, reconstruction, green-backs,
free silver, the regulation of trusts, imperialism, the league of nations, and so
on. Most of the leading issues in recent years have been economic in
character; they have been concerned with such matters as the railroads, the
merchant marine, the regulation of industry, immigration, relations with
Mexico, banking reorganization, the extension of aid to agriculture,
conservation, budget methods, and international trade.

Page 619

53. This is quite a contrast with what has happened in France, Germany,
Italy, and the other countries of Continental Europe. In these countries there
are several parties and they continue in existence for long periods of time.
No two parties ever manage to get the field of politics largely to themselves.
It is significant that the two-party system has flourished in the English-
speaking countries, that is, in Great Britain, the British colonies, and the
United States. Everywhere else there are from three or four to a dozen
parties. Why should there be this difference?

54. Until recent years the state convention also had the function of
nominating the party candidates for state officers, but in most of the states
this prerogative has been taken away from the convention and the
nominations are made by the party voters at state-wide direct primaries. In
the others the nominations are still made by the conventions. Even where the
primary is used, however, it is sometimes the practice of a convention to
adopt an “unofficial” slate of candidates which it recommends to the voters
for their endorsement at the primary (see p. 129).

55. At the Republican national convention of 1880 it took thirty-six
ballots to nominate Mr. Garfield. In 1912, at the Democratic national
convention, Woodrow Wilson was not nominated until the forty-sixth ballot.
Sometimes the very first ballot results in nominating the candidate as
happened with Mr. Wilson in 1916. How many ballots were taken before the
nomination of Mr. Harding at Chicago in June, 1920, and before the
nomination of his opponent, Mr. Cox, at San Francisco, a few weeks later?

56. Rings and bosses are not American inventions. Pericles was a political
boss, and a very successful one in his day. There were bosses in ancient
Rome; they could even get together and form a ring (they called it a
triumvirate). Simon de Montfort, the so-called “father of the House of
Commons”, was a boss and a rather skilful one at that. Pitt, the younger, was
a boss of the first order, a corrupt one, too. In America we have had many
political bosses from Aaron Burr down, but most of them have operated in
state and city politics. There is no national party boss; the field is too large
for any one man to control. Perhaps the most notable of all American bosses
was William M. Tweed, who dominated the politics of New York City a half
century ago. “He was an American by birth, a chairmaker by trade, a good
fellow by nature, a politician by circumstances, a boss by natural process of

Page 620

evolution, and a grafter by choice.” As the boss of his party he sold
nominations openly, assessed public officeholders for contributions to his
campaign funds, gave out contracts to his friends, looted the city treasury,
and finally went to jail. New York’s experience with Tweed cost the city
about fifty million dollars in less than five years.

57. The campaign fund of the Republican party, when it elected Abraham
Lincoln in 1860, was a little over $100,000. The amount raised by the
Republicans for the campaign of 1920 was about $4,000,000. The
Democratic campaign fund was considerably smaller, but it also ran into the
millions. The laws provide that the treasurers of these funds must publish,
before the election, the names of all contributors who give more than $100,
and after the election must file a statement of all moneys expended.
Corporations are forbidden to contribute to any federal campaign fund.

58. These costs mount up quickly. A torchlight procession in a large city
costs several thousand dollars. To send a single circular, with a one-cent
stamp on the envelope, to every registered voter in a city the size of Boston
costs for printing, stationery, stamps, and labor about $10,000. Some large
halls cost $500 per night, yet halls for meetings have to be hired night after
night during the latter part of the campaign.

59. In Louisiana, however, the counties are known as parishes.

60. The largest county in the United States is San Bernardino county,
California, which covers more than 2000 square miles. The smallest is
Bristol county, R. I., with about 25 square miles. Cook county, which
includes Chicago, has the biggest population and Cochran county, Texas,
with less than 100 people, has the smallest.

61. In some states he is known as the district attorney, state’s attorney, or
county solicitor.

62. To discontinue a prosecution the prosecuting attorney files in court a
statement known as a nolle prosequi, indicating that he does not wish to
press the case to trial. The right to do this gives the official a great deal of
power, which has been in some cases abused.

Page 621

63. A deed is a document by which one person conveys land to another. It
is the duty of the purchaser to make sure that his deed is valid and that the
seller has a good title to the land which he sells. This he can ascertain by
examining the records in the registry of deeds. In some states a plan known
as the Torrens System is in operation. Intending purchasers submit their
deeds to the registration official, who examines them. If he finds that the
title is good, he registers the deed and thereafter the title may not be
questioned. Where the Torrens System is not in operation a purchaser can
get his title insured by paying a premium to a title insurance company.

64. There is a widespread impression that the government of the New
England towns, being a close approach to a direct democracy, has been a
great and consistent success. These towns have been pictured by some
writers as little Utopias, free from state interference, and privileged to
manage their own affairs in their own way. Unhappily this portrayal does not
square with the facts. Small agricultural communities, such as the New
England towns used to be, can manage their local affairs satisfactorily under
almost any form of government. But when population grows, and factories
come in, and local activities are multiplied—then the problems of a town are
akin to those of a city and have to be handled in the same way.

65. In some of the New England states there are places of twenty, thirty,
or even forty thousand people which are still governed as towns. (See p.
175.)

66. See the chart facing this page.

67. According to the census of 1920 these twelve cities are as follows:
New York, 5,612,151; Chicago, 2,701,212; Philadelphia, 1,823,158; Detroit,
993,737; Cleveland, 796,836; St. Louis, 772,897; Boston, 747,923;
Baltimore, 733,826; Pittsburgh, 588,193; Los Angeles, 575,410; San
Francisco, 508,410; Buffalo, 505,875.

68. If you make your home in a rural community, you will become
acquainted with most of your neighbors within a week; you will know all
about them, and (if they can find it out) they will know all about you. But if
you go as a stranger to live in a city apartment, with only thin walls
separating you from your neighbors, you may remain there for months or

Page 622

even for years without becoming acquainted with any of them. You may not
even know your neighbor’s name, save for seeing it on his door.
Neighborliness is a trait of human nature which disappears in the great
cities. In the city a man’s friends are not his neighbors as a rule, but persons
of his own occupation or interests who may live a considerable distance
away. This is an important difference, for it means that townships and
villages have a unity which the wards and districts of large cities do not
possess.

69. The shortest city charter ever granted is the charter of London, given
by William the Conqueror in 1066. It contains exactly sixty-six words. The
longest is the present charter of New York City, which fills a closely-printed
book of 1478 pages.

70. It was understood that by applying a general charter law or municipal
code to all the cities of a state, or to all the cities of a certain class, the
legislature would be discouraged from enacting special laws for particular
cities. But that is not what resulted. Legislatures adopted the plan of passing
laws which were general in form but which by the nature of their provisions
could apply to some one city alone. For example: The Ohio legislature on
one occasion provided that “Any city of the first class, having a population
of more than 150,000, wherein a public avenue of not less than 100 feet in
width is now projected, to be known as Gilbert Avenue, is hereby authorized
to issue bonds, etc.” This law, on its face, applied to all cities of the first
class; in reality it gave special privileges to one particular city.

71. A few states, although unwilling to grant municipal home rule, have
gone part way in that direction by establishing what is known as the
Optional Charter system. The legislature, under this plan, draws up several
different types of charter. A city may by popular vote adopt any one of these
but is not permitted to make a special charter for itself. The merit of this
plan is that it allows a city a considerable amount of choice without opening
the door for all manner of rash local experiments, many of which bring
controversy and lawsuits because they run foul of the state constitution or
laws. The various optional charters are so framed as to be in harmony with
the general laws of the state. This plan is used in New York, Massachusetts,
and Virginia. Ohio has both the home rule and the optional charter system;

Page 623

in addition there is a general charter law for such cities as do not take
advantage of the other opportunities.

72. Surprisingly few mayors have ever gone any higher in the public life
of the state or nation. Most mayors, when they finish their terms, drop but of
sight. There are some exceptions, of course, the most noteworthy being
Grover Cleveland, who served as mayor of Buffalo before he was elected
governor of New York and, later, President of the United States. Before
becoming Secretary of War in President Wilson’s cabinet, Newton D. Baker
served two terms as mayor of Cleveland, and Brand Whitlock was thrice
mayor of Toledo before he became minister to Belgium. A few other mayors
have become governors, ambassadors, or members of Congress; but when
we remind ourselves that nearly 400 men have held the office of mayor in
the fifty largest cities of the United States since 1900, we may well wonder
what became of all the rest. Apparently the office of mayor is not a good
political stepping-stone. Is the fault with the office or with the men who
usually occupy it?

73. The objection may also be overcome by using the system of
proportional representation described on pp. 134-136.

74. In September, 1900, a tidal wave swept in from the Gulf of Mexico
and destroyed about a third of the city. Galveston was already overburdened
with debt, and by this disaster, which wrecked much city property, became
practically bankrupt. The leading citizens came together and decided that
radical measures would have to be taken. They, therefore, petitioned the
Texas legislature to abolish the old city government, placing entire charge of
all municipal affairs in the hands of five trustees or commissioners. The
legislature complied and the new plan went into effect in 1901.

75. The largest of these cities are Buffalo, New Orleans, and St. Paul.
Among the 400 commission-governed cities there are only fifteen with
populations exceeding 100,000. The plan has proved most popular in places
of small and medium size.

76. See the diagram which faces p. 198.

Page 624

77. The plan originated in Sumter, N. C., but the first large city to adopt it
was Dayton, Ohio, about ten years ago. In the autumn of 1921 Cleveland
adopted a city-manager charter which will go into effect in January, 1924.

78. For an example of the way in which the city’s administrative work is
divided, see the diagram facing this page.

79. Some cities have established a central purchasing office which buys
all supplies of every sort, thus securing a concentration of the work. A
considerable saving is made in this way. But in most cities each department
still does its own buying.

80. More than a hundred and twenty-five years ago, when it was decided
to build the nation’s capital on the shores of the Potomac, President
Washington sent to France for Major L’Enfant, an engineer who had served
in the American army during the Revolution, and entrusted to him the task
of laying out the new city. L’Enfant took great pains to provide for wide
streets; he designated the location of the important public buildings (such as
the Capitol and the White House) and left plenty of open spaces in his plan.

81. In Washington, thanks to L’Enfant’s sagacious planning, the streets
occupy about one-half the entire area.

82. This plan also renders it easy to find one’s way about, and this is
particularly true when the streets are known by numbers rather than by
names.

83. See the illustrative diagram facing this page.

84. Pavements Arranged in Their Approximate Order of Desirability
from Different Points of View

Economy Economy Durability Cleanli- Noiseless- Safety
in in ness ness
construction Repair
Macadam Granite Granite Asphalt Wood Granite
Asphalt Brick Wood Brick Macadam Macadam
Brick Wood Brick Wood Brick Brick

Page 625

Wood Asphalt Asphalt Granite Asphalt Wood
Granite Macadam Macadam Macadam Granite Asphalt

85. A common pretext is to allege that the lowest bidder is not a reliable
contractor, or that he underpays his workmen, or that on some previous
contract he failed to do a good job. Any such excuse is good enough for city
officials who desire to favor their own friends at the public expense. City
charters sometimes provide that contracts must be given to the lowest
bidder, but a hard-and-fast requirement of this kind may sometimes lead to
difficulties.

86. The unsightliness of the billboards is not their only objectionable
feature. Unless they are firmly anchored in the ground they are often blown
down by heavy winds; they afford places of concealment for footpads; and
they become the nucleus of a rubbish heap. Land is rented for billboard
space which otherwise would be improved and built upon. Billboard space is
given over very largely to the advertising of non-essentials. If you will make
a survey of say fifty billboards in your own community, you will find that by
far the greater portion of the space is given to advertising luxuries. Local
merchants use billboard advertising very little. Outside concerns take most
of their surface.

87. Restrictions may legally be placed upon private property in the
interest of the public safety, health, or morals. But people cannot be
prohibited from using their own private property in ways which merely
offend the public taste.

88. The watchmen were very unreliable. In London it was said that most
of them spent the greater part of the night in the ale-houses while thieves
prowled around in the streets. In order to keep the watchmen on their patrols
it became the custom to have them call out the hours as they went along.
These watchmen’s cries, “Three o’clock, a misty morning”, etc., were a
quaint feature of London life a hundred years ago.

89. Sir Robert Peel, who established the first regular police force in
England, made himself very unpopular for a time by this step. The members
of the new police force, by way of ridicule, were called “peelers” and
“bobbies”, and these nicknames persist in England to the present day. They

Page 626

wore (and still wear) blue coats with copper buttons, for which reason the
London youngsters also referred to the policeman as “the copper”. In
America we have shortened it to “the cop”.

90. In Berlin, for example, 98 per cent of the buildings are of brick, stone,
concrete, or other fire-resisting material. In the average American city such
buildings do not usually form more than 25 per cent of the total.

91. Take the income-tax amendment, for example; or the prohibition
amendment. Both of them show a popular willingness to place great powers
in the hands of the federal government. The people would not have agreed to
direct election of senators a hundred years ago; but they did it in 1913.

92. Hawaii and Alaska are both governed in the same way, and exactly
like one of the old territories. Porto Rico has a slightly different form of
government, in that certain high officials besides the governor are appointed
by the President. The government of the Philippines differs still further in
that the higher administrative officials are appointed by the governor who, in
turn, is named by the President.

93. During 1921 a study of Philippine conditions was made, at President
Harding’s request, by Major-General Leonard Wood and the Hon. W.
Cameron Forbes, former governor-general of the islands. These two eminent
investigators, after a careful survey, found much to say in praise of the
Filipinos; but their general conclusion was that the islanders needed further
training in self-government under American supervision before they could
wisely be given complete independence. The entire text of the Wood-Forbes
report is printed in The Times “Current History” (January, 1922), pp. 678-
694.

94. An area which is neither a state nor a territory, a zone nor an insular
possession remains to be mentioned. This is Washington, or the District of
Columbia as it is officially called, the home of the nation’s government. It
has neither mayor nor aldermen. The government of the District is in the
hands of three commissioners appointed by the President, one of them being
an officer of the army. These three commissioners carry on all the work of
municipal administration.

Page 627

95. In some states, in Ohio, for example, the question of calling a
constitutional convention must be voted upon every twenty years.

96. In some states the legislature, in proposing an amendment, must pass
it in two successive sessions, or by a two-thirds vote, or must conform to
some other special requirement.

97. See especially Art. I, Sec. 9; and Amendments I-XV, XIX.

98. These four propositions may perhaps be made more understandable by
the accompanying table, which does not purport to be a complete
enumeration but only an illustration of the way in which the propositions
work out.
Exclusively Concurrent Prohibitions Prohibitions Exclusively
National Powers upon the Nation upon the States State Powers
Powers
To conduct To tax. To abridge To keep troops To make and
foreign af- freedom of or ships of enforce the
fairs. To borrow worship or war in time ordinary
money. of the press of peace. civil and
To raise and or of assemb- criminal
support ar- To promote ly or of pet- To entry into laws.
mies. education. ition. any treaty.
To establish
To maintain a To encourage To deny any To coin money and control
Navy. agriculture. of the other or issue local govern-
privileges bills of ment.
To regulate To charter enumerated credit.
foreign and banks and in the Bill To conduct
interstate other corpor- of Rights To pass any elections.
commerce. ations. (see Amend- law impair-
ments I-X). ing the law To regulate
To coin To enforce the of contracts. commerce
money. Eighteenth To permit and industry
Amendment. slavery in To lay any within the
To establish any territory tax or duties state.
a postal To establish within the on imports.
service. and maintain national jur- To protect the
courts. isdiction. To abridge life, health,
To grant pat- the privi- and morals of
ents and To abridge leges or im- the people
copyrights. the suffrage munities of (the “police

Page 628

of citizens citizens of power”).
To admit new on account the United
states. of sex. States, or
deprive them
To give prefer- of life, lib-
ence to one erty, or pro-
state over perty without
another in due process
matters of of law or de-
commerce. ny to persons
within their
jurisdiction
the equal
protection of
the laws.

To abridge the
voting rights
of citizens on
account of
race, color,
previous
condition of
servitude, or
sex.
To pass any bill of attainder or ex post
facto law. To grant letters of
nobility. To levy duties on exports.

99. A wide range of authority is included, for example, within the term
“police power”, which is the power of the state to take measures for
protecting the safety, health, and morals of the people.

100. Any member of the legislature may introduce a bill, but not many of
them know how to draft one properly. That is not surprising, for state
legislatures are not made up of lawyers alone but of farmers, shop-keepers,
and other plain citizens who have had no previous experience in lawmaking.
In order to help the members of the legislature some states have established
legislative reference bureaus in charge of expert bill-drafters. These bureaus
keep on file all the latest information concerning what is being done in other
states, including copies of laws which have been passed there. At the request
of any member the bureau officials will prepare a bill embodying the
member’s ideas.

Page 629

101. A good deal of the trouble is due to party leaders and to lobbyists
who plague the members into voting for measures or against them.
Lobbyists are paid agents of corporations, labor organizations, women’s
leagues, reform associations, granges, and so on, who hang around the lobby
and argue with the legislators, trying to influence their action by persuasion
or threats as may seem likely to be most effective. At any state capitol one
may count these lobbyists by the dozen.

102. In New York State the Supreme Court, paradoxically, is not supreme.
Final authority among the state courts rests with a still higher court, known
as the Court of Appeals.

103. The jurisdiction of the federal courts is explained on pp. 311-313. All
other cases besides those named in the constitution come within the
authority of the state courts.

104. When a governor instructs these elective officials to do something,
they frequently refuse. In one case a state treasurer kept large sums of
money in banks which the governor and other high state officials believed to
be unsafe. They urged him to withdraw these funds, but the treasurer
declined to do so. A little later two of these banks were closed by order of
the bank commissioner and half a million dollars of the state’s money was
tied up.

105. See the diagram facing this page.

106. There were some notable absences. Thomas Jefferson and John
Adams were not there; both were serving their country as diplomatic
representatives abroad, the one in France and the other in England. Nor was
John Hancock, whose flashing signature first meets the eye among the
signers of the Declaration. Neither was Patrick Henry present, for he was
strongly opposed to the convention’s being held at all and declined to be a
delegate from Virginia.

107. Three of these compromises, commonly known as “The Great
Compromises”, stand out prominently and are fully described in all books of
American history, so that they do not need to be given in detail here. There
were compromises on many minor points as well.

Page 630

108. North Carolina did not ratify, however, until 1789, and Rhode Island
not until 1790.

109. A congressman who is elected in November does not take his seat
until a year from the following December. This is because, although elected
in November, his term does not begin until the ensuing fourth of March. By
that time the winter session is over. Thus it happens that men who are
defeated at the polls often continue to make the nation’s laws.

110. No one is eligible for election to the Senate unless he is at least thirty
years of age. He must also have been a citizen of the United States for at
least nine years and at the time of his election an inhabitant of the state from
which he is chosen. The governor of the state may be empowered by the
legislature to fill any vacancy which may occur through the death or
resignation of a senator, this temporary appointment to be valid until a
senatorial election is held.

111. The Vice President of the United States presides over the Senate
when trying impeachments, as at other times; but when the President is
being impeached the Chief Justice of the Supreme Court serves as
temporary presiding officer. Who would preside in case the Vice President
were impeached? The constitution does not say. Presumably the president
pro tempore of the Senate would preside.

112. Nine civil officers of the United States have been impeached at one
time or another during the past hundred and twenty-five years. The most
notable case was that of President Andrew Johnson in 1868. He was charged
by the House of Representatives with having violated the laws relating to
appointments (particularly the Tenure of Office Act), but was acquitted. The
Senate voted thirty-five to nineteen for his conviction, but this was one vote
short of the necessary two-thirds majority.

113. Despite the desirability of keeping the membership down, there is a
constant temptation to increase it in order that no state shall have fewer
representatives than it has become accustomed to having.

114. When Elbridge Gerry was governor of Massachusetts in 1812, the
state legislature rearranged the congressional districts in such a way that one

Page 631

of them had a dragon-like appearance. The boundaries of this district had
been marked on a map in a local newspaper office. Gilbert Stuart, the
famous painter, happened to come in and with his pencil added a head,
wings, and claws to the figure. “That will do for a Salamander,” he said.
“Better say a Gerry-mander,” replied the editor, and the outlandish name,
thus accidentally coined, passed into the English language.

115. The plan at present (1922) is as follows: the Republican members of
the House from each state select one of their members to represent them in
choosing the committees. This representative from each state becomes a
member of the Committee on Committees and at meetings of this committee
casts a vote equal to the number of Republican Representatives from his
state. This Committee on Committees selects the Republican members of the
various committees. A caucus of the Democratic members of the House,
sometimes through the medium of a Committee on Committees, selects the
Democratic members of the Committees. Then the House as a whole accepts
the joint list.

116. On many bills the committees do not even hold hearings; if they did,
they would never get through with their work. Measures by the hundred are
introduced each year by congressmen simply to please people in their
districts and without the slightest expectation that they will ever be passed.

117. When bills are introduced in the Senate, they are considered there
first and then sent down to the House. Except in the case of bills relating to
revenue and expenditure any measure may be introduced in either chamber.

118. Another way to delay business is to keep continually asking for roll-
calls to see if a quorum is present. Calling the names of 435 members takes
a lot of time. Some years ago a bill was introduced to provide for the
installation of electric apparatus by means of which every member could
register “Yes”, “No”, or “Present” by merely pressing a button at his seat.
On the wall there were to be electric bulbs set opposite each congressman’s
name. Pressing the button would indicate the congressman’s answer to a roll
call by flashing a red or white or blue light on the wall. Congress did not
adopt the plan.

119. See pp. 463-465.

Page 632

120. On the question whether members of the American cabinet should sit
in Congress, see p. 302.

121. During the past year or two a group of congressmen, both senators
and representatives, from the agricultural states has been voting solidly and
without regard to party affiliations on many important measures. This group
is known as the “agricultural bloc”. Its avowed aim is to see that the
interests of the farmers are properly safeguarded in all legislation. For a
brief discussion of this topic from a different angle, see p. 350.

122. James Bryce, American Commonwealth, Vol. I, Ch. VII.

123. When the constitution was finally drawn and made public many
features of it were strongly criticized, but nowhere was there any objection
to this method of electing the President. Everyone seemed to feel that this
method of choice by an electoral college was an admirable one. Yet
curiously enough it turned out to be one of the poorest things that the
convention did. It has completely failed to work out as the convention
intended. Direct popular election, which the constitution endeavors to avoid,
is exactly what we have. The convention, moreover, placed no limit upon
the number of terms which a President might have. But Washington set the
example by declining a third consecutive term and no President since his
time has ever served three terms. From time to time it has been suggested
that the President’s term should be lengthened to six years and that he
should then be made ineligible for re-election, just as, in some of our larger
cities, the mayor is ineligible to succeed himself. This suggestion, however,
has never found much favor.

124. If the original plan were now followed, this is about what would
happen: After the presidential election in November the people and the
newspapers would be discussing the probable attitude of the electors,
wondering whom they would choose and making various suggestions to
them. Some electors would be announcing their preferences; others would
be keeping silent. With great interest we should await the meetings of the
electors in January; the newspaper reporters would crowd outside the door
to gain the first inkling of their decisions in each state; the returns would
come in one by one from the forty-eight state capitals and would be figured
up with breathless interest. But what actually does happen is very different

Page 633

from this. On the evening of the presidential election the fight is all over.
Nobody knows, and nobody cares who the electors are. We only know that a
majority of them will vote for the Republican or for the Democratic
candidate when the time comes. In January they meet, almost unnoticed,
cast their votes as a matter of form, and get a small paragraph somewhere on
the inside pages of the newspapers.

125. See p. 158.

126. The House votes by states; the Senate by individual members. See
Amendment XII. In 1800 there was a tie, Thomas Jefferson and Aaron Burr,
each having an equal number of votes. The House of Representatives
decided the tie by electing Jefferson. Then the Twelfth Amendment was
adopted. In 1824 no candidate received a majority, and on this occasion the
House chose John Quincy Adams as President. The system worked
thereafter without mishap for over fifty years, but in 1876 there was a
serious muddle because twenty-two electoral voters were in dispute, namely,
the votes of Oregon, Louisiana, South Carolina, and Florida. From each of
these states two sets of electors claimed to have been chosen. The
controversy was decided by a special commission of fifteen members, five
from the Senate, five from the House, and five from the Supreme Court. By
a vote of 8 to 7 this commission decided in favor of Rutherford B. Hayes
and he became President.

127. In the Republican national convention of 1920, for example, General
Leonard Wood and Governor Lowden polled the largest number of votes on
the first ballot. Senator Hiram Johnson of California was third and Senator
Harding of Ohio was fourth. But neither of the two leading candidates could
obtain a majority although ballot after ballot was taken. Finally, when the
delegates were becoming tired and impatient, some of their leaders came
together and agreed to unite on Senator Harding. They advised their
supporters to swing over to him and on a subsequent ballot he was
nominated.

128. The delegates sometimes resent this attitude on the part of the
leaders. They may make a strenuous fight in the convention or they may bolt
altogether. Thus, in 1912, the leaders of the Republican convention decided
to renominate President Taft and, after a hard fight, managed to get a

Page 634

majority of the delegates recorded in his favor. But a very strong minority
desired to nominate ex-President Roosevelt, who was believed to be far
more acceptable to the rank and file of the party throughout the country.
When they failed in the convention they left the hall, formed a new party,
and nominated Colonel Roosevelt as the Progressive candidate. But this
merely split the Republican ranks wide open and made certain the success of
the Democrats at the forthcoming election.

129. During the past fifty years there have been eleven presidents. Of
these, six came from Ohio and three from New York. One came from
Indiana (but was a native of Ohio), and one from New Jersey. Only four
states, therefore, have contributed occupants to the presidential office during
half a century.

130. England is a monarchy and the United States a republic, yet the
English monarch has no veto power like that of the President. By usage the
king must sign every bill that is laid before him. Someone has said that the
king of England would be under obligations to sign his own death warrant if
parliament should send it up to him. The President of the United States is
given his far-reaching power to override the wishes of a majority in
Congress because he is an elective officer and in the exercise of his veto acts
for the people, not for himself.

131. When Mr. Harding was elected in November, 1920, President Wilson
was slowly recovering from a severe illness. Great problems were awaiting
attention and by many it was deemed unfortunate that the newly-elected
President could not take hold of them for four months. So Mr. Bryan
suggested that Mr. Harding should be appointed Secretary of State and that
thereafter the President and Vice President should resign. This, under the
rules of succession, would have enabled Mr. Harding to take office at once.
But the suggestion was not accepted.

132. On assuming office in 1921 President Harding invited the Vice
President to attend all meetings of the cabinet.

133. When President Wilson was ill in 1920 the Secretary of State, Mr.
Robert Lansing, called the cabinet together to discuss some urgent matters
of business. In due course the President heard of this action and resented it.

Page 635

In a letter to the Secretary of State he called attention to the fact that without
the President there was nothing that the cabinet could legally do.

134. President Lincoln, for example, did not consult the cabinet in the
framing of the Emancipation Proclamation; he merely read it to the cabinet
after it was finished. General Grant treated his cabinet as though it was
merely his general staff with the function of carrying out orders rather than
giving advice. President Roosevelt usually had his own mind made up on
matters of policy, and the members of his cabinet, although they differed
from him in temperament, did not often differ from him in opinion.
President Wilson, in choosing his cabinet, made it a point to get men whose
minds ran along with his own. On the other hand, President Hayes, President
Harrison, and President McKinley were considerably guided by the advice
of their cabinets and consulted them freely.

135. The State Department deals chiefly with foreign and diplomatic
affairs as well as with relations between the nation and the states; it also
promulgates the laws passed by Congress. The Department of the Treasury
collects the revenues, pays the government’s bills, attends to the borrowing
of money when necessary, issues the currency, and has general supervision
over the national banks. The War Department has charge of the armed
forces, the land fortifications, the purchase of munitions, and the whole
upkeep of the army. The Department of the Interior has functions of a very
miscellaneous nature, so much so that it has been jocularly called the
“department of things in general”. It has charge of national parks and
forests, patents, pensions, the geological survey, and various other things
which have little relation to one another. The Postmaster-General assumes
the oversight of the entire postal service. The Department of Justice has an
Attorney-General at its head. He is the government’s chief legal advisor and
represents it in all legal controversies. The Navy Department has charge of
all the nation’s armed forces afloat. The Department of Agriculture has to do
with the promotion of agricultural interests throughout the country (see pp.
346-348). The Department of Labor has charge of immigration,
naturalization, and the execution of the federal laws relating to labor. The
Department of Commerce is concerned with the development of foreign and
domestic trade, the inspection of steamboats, the publication of consular
reports (see pp. 373-374), and so forth.

Page 636

136. In addition to the ten regular departments there are other branches of
the national administration whose heads are not members of the cabinet.
These include such bodies as the Interstate Commerce Commission (p. 364),
the Federal Trade Commission (p. 391), the Civil Service Commission (p.
103), the Tariff Commission (p. 370), besides various bureaus of one kind or
another. Members of these boards and heads of the independent bureaus are
all appointed by the President, responsible to him, and removable by him.

137. This is old French for Hear Ye! Hear Ye! The custom of opening a
court session with these words goes back to the time of the Plantagenets in
English history.

138. It may be well to explain briefly some of the terms commonly used
in connection with the law and the courts. The parties to a suit at law are
usually known as the plaintiff and the defendant. A criminal case is one in
which some crime is charged; in a civil case, the issue concerns the private
rights of individuals (for example, when a man is sued for debt). A court has
original jurisdiction where cases come before it in the first instance without
having already been heard by some other court; it has appellate jurisdiction
when cases come up from some other court on appeal.

139. In more than one hundred and thirty years only one Supreme Court
justice has been impeached and he was acquitted. The charges in this case,
moreover, did not reflect upon the integrity of the judge.

140. Article III, Section 1.

141. A few cases come directly before the Supreme Court, for example,
suits between two states of the Union; but the great majority of cases come
up on appeal, or on writ of error, which is a method of appeal.

142. There are, in addition, some special federal courts, such as the court
of claims, the courts which try cases in the District of Columbia, and the
courts of the insular possessions.

143. These rules were gathered together and put into written form by
various commentators, chief among whom were Glanvil, Bracton, Coke,
Littleton, and Blackstone. Blackstone’s Commentaries on the Common Law

Page 637

of England, compiled before the American Revolution, is still the standard
work, known to every lawyer.

144. The colonists looked upon the common law as a bulwark of
individual freedom. Edmund Burke, in one of his speeches, mentioned as a
significant indication of the colonists’ familiarity with the common law the
fact that almost as many copies of Blackstone had been sold in America as
in England. The Declaration of Rights adopted by the First Continental
Congress in 1774 spoke of the colonies as entitled to all the provisions of the
common law.

145. Where may these laws be found? Statutes passed by Congress are
printed in the Statutes-at-Large, one or more volumes for each session. State
statutes are printed in volumes known as Session Laws, or simply as Laws
of Pennsylvania or Acts and Resolves of Massachusetts. From time to time,
usually every ten years, these state laws are revised, rearranged, and
consolidated into one general compilation, usually published as the Revised
Statutes or Revised Laws. A similar publication is issued periodically
containing the revised national statutes. City councils enact legislation by
means of ordinances, which are put together in a volume of Revised
Ordinances. When all the national or state laws relating to a certain subject
(for example, criminal law, or civil procedure, or municipal affairs, etc.) are
brought together into one compilation this is usually known as a code. Thus
we speak of the Criminal Code or the Code of Civil Procedure or the
Municipal Code.

146. In general, equity applies only to certain classes of civil actions and
never to criminal cases; its procedure is simple; a jury is not ordinarily
summoned to hear the facts; evidence in writing may be submitted;
judgment is given by the issue of an order or decree and not by awarding a
certain sum in damages. A further explanation may be found in the
Cyclopedia of American Government, Vol. I, pp. 673-675.

147. Courts of law, in addition to awarding punishment in criminal cases
and damages in civil cases are empowered to issue writs. Writs are orders or
decrees commanding certain things to be done or left undone. They are
addressed to other courts, or to public officials, or to individuals. The best-
known of these writs is the writ of habeas corpus, an order issued to a jailor

Page 638

or other custodian commanding him to produce a person in court and show
why he is held in custody. If the court finds that the person is wrongfully
held in custody it orders his release. Another common writ is the writ of
mandate (mandamus) issued to public officials to compel them to perform
some duty which is imposed upon them by law. A writ of error is issued in
order to carry a case from a lower to a higher court.

148. In some county courts the grand jury is not now used (see p. 172).

149. These objections are called challenges. The judge decides whether
they are well-founded. Both sides are usually allowed a certain number of
peremptory challenges, that is, objections for which no reason at all need be
given.

150. There are two or three things which you ought to remember when
going on the witness stand. Tell what you know about the case simply and
briefly; tell only what you actually know, not what you think, or what
somebody told you. Don’t venture your own opinion unless you are asked
for it. When you are being cross-examined, think over every question before
you answer it. If you answer everything quickly and without thought you
will probably fall into a trap and appear to be contradicting yourself. The
opposing lawyer is playing a game of chess with you. Watch his moves and
take your own time in making yours. If you make any slip, correct it there
and then; don’t let it pass with the idea that it will never be noticed. The
witness stand is a place where a man needs to have his wits about him.

151. If the case is not very serious the prosecuting attorney sometimes
recommends that there be no further trial and the accused person is then
freed.

152. For example, where the jury has disregarded the judge’s instructions
on points of law or where the jurymen have reached their verdict in some
improper way.

153. A prisoner was once charged with setting fire to his own home and
burning it down, thus causing the death of his father and mother. The
prosecuting attorney first put him on trial for the murder of his father; but
the jury acquitted him. Another jury was then summoned and the attempt

Page 639

was made to place him on trial for the murder of his mother. The prisoner’s
counsel argued that this was placing him on trial the second time (or in
second jeopardy as it is called) for the same offence. The prosecuting
attorney argued that it was a different offence, the murder of a different
person. Which was right?

154. After the Revolution the different states claimed vast tracts of
western lands but they ultimately surrendered these claims to the national
government. The lands were surveyed and offered for sale at low prices.
Many years later Congress adopted the homestead system by which actual
settlers might get lands for almost nothing.

155. It is said that if all the available water power of the United States
were put to use, it would take the place of all the coal that is now being used
in supplying industries with power. “White coal” it is called, and there is an
abundance of it.

156. In early days the slaughtering of cattle was done locally, but the use
of refrigerator cars has led to the centralizing of the meat industry at a few
great centers.

157. We have had a striking illustration of this in recent years. During the
World War the prices of all agricultural products rose enormously and they
continued high for a short time after the war came to an end. Then they
dropped quickly to a low level and by so doing left the American farmer in a
hard situation. Labor and supplies cost him nearly as much in 1921 as in
1919, while he received in some cases only half as much for the products of
his land.

158. A large part of our nitrate supply comes from Chile, but owing to the
lack of shipping during the war not much could be brought from that quarter.
The United States government built a huge nitrate-making plant at Muscle
Shoals, Ala., but it did not get into operation before the close of the war. It
has now been offered for sale to private capitalists. There has been some
discussion of the possibility of making nitrates by the electric fixation of the
nitrogen which is in the air, using water power to generate the electric power
cheaply. It is an interesting fact that certain types of bacteria gather nitrogen
from the air at the roots of leguminous plants (peas, beans, alfalfa, etc.), and

Page 640

in order to ensure the presence of these bacteria the seed is frequently
inoculated before planting.

159. An investigation of the exodus from Ohio farms a few years ago
showed that as many as 60,000 men and boys left the rural districts in a
single year, while fewer than 9000 went from the cities and towns to the
farms.

160. There is a somewhat similar situation in Europe today. The various
new states which were created at the close of the war all have their tariffs,
their rivalries, and their jealousies.

161. They did it, sometimes, in this way: Suppose A and B are towns of
about equal size and about the same distance from Chicago, or that A is a
little further away.

A railroad desiring to build up A and make it an important industrial
center would merely give it lower freight rates to and from the western
metropolis, despite the greater distance.

162. The act further provides that all net profits above the rate of six per
cent upon the valuation of the railroads, as fixed by the Interstate Commerce
Commission, shall be divided in equal shares between the railroads and the
government. The share received by the government is to go into a fund for
the benefit of those railroads which are not able to earn the normal net
income.

163. Of the nine members three are representatives of the railroad owners,
three of the railroad employees, and three of the public. This board has its
headquarters at Chicago, which by reason of its location may properly be
termed the railroad capital of the country. When the board hears both sides
in a labor dispute it makes its recommendations but has no power to enforce

Page 641

these recommendations. It is believed, however, that the pressure of public
opinion will give sufficient force to its decisions.

164. Canal transportation, which declined after the railroads were built,
seems now to be gaining a new lease of life. The State of New York is
improving the Erie Canal and proposals have been made to enlarge the
canals between the Great Lakes and the Gulf of St. Lawrence so as to permit
through traffic from Europe to the Lake ports.

165. The general course of American tariff policy may be marked off into
four main periods. The first, which extended from 1792 to the close of the
War of 1812, was a period of relatively low tariff duties. The duties levied
during these years did not greatly hamper imports. While the United States
and England were at war, however, some new industries were established in
America, and it was deemed advisable to afford these new industries
protection against English competition when the war was over. Accordingly,
a more strongly protective policy was adopted in 1816, and this action
ushers in the second period, which lasted till about 1842. During the earlier
part of this interval the duties on imported manufactures remained relatively
high. The high duties created strong opposition, however, especially in the
Southern states, and in time a reaction took place with the result that the
rates were gradually lowered to a general level of about twenty per cent in
1842. From this date until the outbreak of the Civil War the duties remained
low, so that the third period saw the virtual abandonment of protection in
favor of a tariff for revenue only. Then the outbreak of the Civil War
changed the situation. The need of a great increase in revenue became
imperative, and high duties on imports seemed to be a ready way of
obtaining national funds. A series of tariff measures put the rates higher and
higher. When the war was over the high rates for the most part remained and
they have remained relatively high throughout the fourth period, which
carries us to the present day. Since 1865 many tariff measures have been
passed by Congress; some have raised the duties, while others have lowered
them. In 1913 duties were considerably reduced by the Democrats; in 1921
they were put up again by the Republicans. The question of tariff rates has
been an issue at many national elections. But, with all its ups and downs, the
tariff has remained protective both in its purpose and effect.

Page 642

166. In 1920 Congress enacted two important measures to aid the revival
of foreign trade. One of these measures relieved foreign trade from some of
the anti-trust restrictions; the other authorized the lending of government
funds to exporters.

167. Many of the commercial treaties which the United States has
concluded with other countries contain what is known as the “most favored
nation clause”. This is a provision that if either of the treaty-making
countries should grant to a third nation any special trading privilege, this
same privilege shall at once accrue to the other treaty-making country. For
example, if the United States and Brazil conclude a commercial treaty
containing the “most favored nation clause” and Brazil should subsequently
grant to Mexico the privilege of shipping oil into Brazil without payment of
duty, the United States would become forthwith entitled to the same
privilege or favor.

168. In the days of wooden vessels, propelled by sail, America had natural
advantages in shipbuilding, particularly in the abundant supply of ship-
timber. Many such vessels were built and the once-famous American
“clipper ships” carried our commerce to all parts of the world. During the
period from 1815 to 1860 the American merchant marine reached its zenith
in size and prosperity. In 1860 it was second to that of Great Britain and
served not only to carry the entire commerce of the United States but the
trade of other countries as well. The Civil War interfered greatly with the
progress of American shipbuilding, however, and with the advent of iron
vessels, propelled by steam, the United States began to drop behind in the
construction of ships for ocean service. European countries, particularly
Great Britain, forged far ahead during the period from 1865 to 1900. Of the
tonnage which cleared for foreign countries from the seaports of the United
States in 1900 less than one-fifth was American. This decline in the size of
the merchant marine inspired the government of the United States to
stimulate the construction of ships by the grant of subsidies, but no great
success attended these efforts. The shipbuilding industry did not make
renewed progress until it received a great impetus from the World War.

169. As a means of facilitating commerce the national government also
maintains various aids to navigation. It provides lighthouses, buoys,
landmarks, and lifesaving stations. It has made surveys of the coasts and

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furnishes charts for the use of navigators. It trains and licenses pilots and
makes rules to ensure the safety of vessels entering or leaving American
ports. Much money has also been spent by the national government in the
deepening and improvement of harbors. Mention should likewise be made
of the greatest enterprise ever undertaken by any country for the promotion
of maritime commerce, namely, the building of the Panama Canal, which
connects two oceans and cost the United States more than three hundred and
fifty million dollars.

170. In illustration of this it may be mentioned that in all the years from
1000 A. D. to 1750 A. D. there were only three inventions of remarkable
value or interest; namely, printing, gunpowder, and the steam engine. But
what of the period since 1750? The railroad, the steamship, the telegraph,
the cable, the telephone, radio communication, the electric light, the electric
motor and the trolley, the submarine, the airplane, the cinematograph, the
phonograph, the internal combustion engine and motor vehicles of all kinds,
the X-ray, and so on. These, moreover, are only the landmarks of
mechanical progress, which is a relatively small item in the sum-total of
human advance.

171. The customary par value of a share is one hundred dollars, but it may
be fifty, ten, or five dollars. Occasionally shares of no par value are issued.

172. The stockholders in the original corporation received “trust
certificates” in place of their shares.

173. During the presidential campaign of 1896 there was a good deal of
popular outcry over the asserted failure of the government to “curb the
trusts”. When Mark Hanna, chairman of the Republican National
Committee, replied, “There are no trusts”, he was laughed at from one end
of the country to the other. But he was right, for most of the trusts had been
converted into holding companies.

174. In the long run this action did not amount to much, however, for the
companies reorganized in a way which kept them within the letter of the
law.

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175. In order to evade the provisions of the Sherman Act many large
corporations resorted to the plan of “interlocking directorates”. While
forming no combination, merger, or holding company, they merely arranged
that the various companies should elect the same men to their respective
boards of directors, thus placing control of the companies in the hands of the
same group of men. To put an end to this practice Congress in 1914 enacted
the Clayton Act, which provided, among other things, that no person may
serve as a director in two or more large competitive interstate corporations
except banks and railroads, these latter being under separate regulations.

176. The Federal Trade Commission is made up of five members, each
appointed by the President, with the advice and consent of the Senate, for a
term of seven years.

177. For those who are willing to look at the matter in this light, bearing
in mind the old adage concerning the kindliness of fate to those who help
themselves, the following helpful books are suggested: Frederick J. Allen,
A Guide to the Study of Occupations (Cambridge, 1921). A survey of all the
best literature on the subject. Frederic M. Giles and I. K. Giles, Vocational
Civics (N. Y., 1920). A brief, interesting account of the opportunities in
different occupations.

178. The employer, in fact, was often a corporation with neither body nor
soul. The factories were in charge of managers whose function was to earn
profits, not to look after the well-being of the employees.

179. In America the unions also serve as schools of citizenship. They
gather together into their membership men and women of all races and
creeds, and they encourage their members to become American citizens.

180. The labor union movement began in England because it was there
that the Industrial Revolution first brought in the factory system. At the
outset the formation of unions was bitterly opposed by the employers and
laws were enacted declaring such organizations to be illegal. In the closing
years of the eighteenth century any English worker who joined an
organization, in order to secure better wages or fewer hours of labor, was
liable to be arrested and punished by the courts. In due course the labor
organization movement spread to America, where also it encountered strong

Page 645

opposition during the first half of the nineteenth century. Attempts to secure
better wages by forming labor associations were held to be conspiracies in
restraint of trade and those who openly took part in the organization
movement were frequently imprisoned. After 1830, however, the opposition
began to grow less intense and by 1870 it had become generally recognized
that labor organizations were here to stay. In one state after another they
began to receive legal recognition and today the right of the workers to
organize for the promotion of their own interests is not denied in any part of
the country.

181. Most writers use the term “trade union” to include only such labor
organizations as are composed of men and women who work in the same
trade or occupation; but some employ the term to include all labor
organizations whose object is collective action in the interest of their
members.

182. Although this program does not contain anything that savors of
violence, or of arbitrary control of industry by the workers, or of dictatorial
methods towards the public it sometimes happens that individual labor
organizations or their leaders are guilty of these things. While professing
disapproval of violence, the labor leaders have on occasions (though not as a
rule) tolerated it. Labor leaders, moreover, in some cases have exacted
money from employers under threat of calling men off their jobs; the
Brindell case in New York City is a recent illustration. On some notable
occasions labor leaders have been convicted and sent to jail for resorting to
organized terrorism against employers. All this, however, does not condemn
the program of labor organizations as a whole. No body of men, particularly
when it numbers several million members, can in fairness be judged by the
wrongful acts of a few.

183. It should be borne in mind that not everyone who desires to work at a
particular trade is entitled to membership in the trade union. He must apply
for admission to membership and the initiation fee for membership is often
as high as a hundred dollars or more. Moreover, he must satisfy the union
that he is properly skilled in the trade, if the trade requires skill. Some
unions, commonly called “open unions,” take in practically all who apply;
but these unions exist, for the most part, in unskilled trades only.

Page 646

184. In New Zealand, for example. For a time it was looked upon as a
great success in that country, but in recent years it has not prevented
numerous strikes.

185. This was the sequel to a strike on the part of the Kansas coal miners,
which threatened to leave the people without fuel for the winter. When the
strikers refused to return to work a call was sent out for volunteers and men
of all occupations came forward to work in the mines. When the emergency
was past the legislature decided that the rights of the public ought to be
protected in the future against both employers and workmen.

186. These include all industries affecting food, clothing, fuel, and
transportation.

187. “The children were kept working for fourteen, and even sixteen,
hours a day; they were beaten for the slightest mistake or offence; and
sometimes they were tortured by the overseers, who would tie them to a
beam close over the whirling machines by way of teaching them to hold
their feet up, or would rivet irons on their ankles and hips to teach them not
to try to run away. Locked in the factory while they worked, and in
neighboring barracks while they slept, these pitiful martyrs were as
absolutely abandoned by their kind as though they had been adult convicts
on the way to Botany Bay, or negro slaves on the middle passage.” G. H.
Perris, The Industrial History of Modern England, p. 207.

188. Congress has established a Bureau of Child Welfare in the
Department of Labor with the duty of encouraging the enactment of laws to
protect children.

189. The Supreme Court has decided that this action also is
unconstitutional.

190. Robinson and Beard, Outlines of European History, II, 640.

191. Many sorts of merchandise have been used as money at one time or
another. In early times cattle often served as the standard of value. This was
undoubtedly the case among our Indo-European ancestors, as is shown by
the survival of certain words in the English language at the present time. The

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word “pecuniary,” for example, comes from the Latin “pecunia,” meaning
money, which is in turn from “pecus,” cattle. The word “fee” is merely a
rendition of the old German word “Vieh,” which also means cattle.

192. The Chinese use copper money, which they call “cash.” The coins
have a hole in the center so that they can be carried on a string like beads.

193. That was what had to be done in the old days before gold and silver
were stamped into coins of known weight and fineness. You remember the
Scriptural story of the patriarch Abraham’s weighing out the four hundred
shekels of silver to pay the sons of Heth for Sarah’s grave. If not, read it in
Genesis, xxiii, 2-19.

194. The weight of the gold dollar, as fixed by law, is 23.2 grains of pure
gold.

195. Anyone may take gold to these mints and have it coined. Pure gold
would be too soft for use as money, however; so an alloy of silver is mixed
with it. The mixed metals are then heated and rolled into strips. These strips
are next put into a stamping machine which forms them into so many little
gold cakes, ready to be placed in another machine which stamps an
impression upon them. In the case of gold and silver coins the edges are
“milled” to prevent their being clipped or scraped by dishonest people. In
the United States this is in the form of a raised and serrated edge; in
European countries an inscription is often printed on the edges of the coins.
The German twenty-mark piece before the war had the legend, “Gott mit
uns,” in this form. The silver, nickel, and copper for American currency is
bought by the mint and made into coins at a profit. This profit is called
seigniorage and it is sufficient to make all the mints self-supporting. The
amount of metal in a nickel, for instance, costs only a fraction of five cents.
When coins are lost or destroyed—by shipwreck, fire, etc.—the government
is just so much to the good, and a great many coins are permanently lost or
destroyed every year.

196. With a dual system of coinage the ratio at the mint must be exactly
that of the open market, otherwise the metal which the mint overvalues is
the only one which will come in to be coined. If mine-owners who produce
silver, for example, can get more gold in exchange for it in the open market

Page 648

than they can get dollars for it at the mint, they will naturally exchange it in
the open market. But it is difficult to keep the legal ratio in exact accord
with the market value because the latter fluctuates somewhat from year to
year.

197. In this same year a severe commercial panic took place and the
action of the government in demonetizing silver was blamed for it. Hence
the frequent reference in later years to “the crime of 1873.”

198. Provision for the coinage of silver on a limited scale was made by
the Bland Act (1878) and the Sherman Act (1890). These acts merely
provided that the Treasury should buy so much silver each year and coin it, a
very different thing from free coinage.

199. Curiously enough there was another financial panic in 1893; but this
had nothing whatever to do with the stoppage of silver coining.

200. The paper money is made at the Bureau of Engraving in Washington,
not at the mints. Every working day in the year this Bureau turns out a
million dollars or more in notes. A special kind of paper, made by a secret
process, is used, and in the manufacture of this paper small strands of red
silk are imbedded in the fabric. The notes are printed from mechanical
copies of engraved plates, the originals of which are made by hand. It takes
several expert engravers a whole year or more to make one of these
originals, with its portrait, seal, symbols, and myriad of fine lines. All these
precautions are taken to prevent counterfeiting. On its way through the
presses the bills are counted and checked many times to make sure that none
go astray or are pocketed by employees. So carefully is this done that only
once in the last twenty years has a single bill been unaccounted for. When a
paper note is permanently lost or destroyed after being issued Uncle Sam is
very much the gainer, for it costs him, on the average, only about one cent to
print a dollar bill. If the bill is only torn or partly destroyed, the government
will redeem it. Full face value is given if at least three-fifths of the original
bill is presented, or half the face value if two-fifths is handed in. If less than
two-fifths of the bill is presented, it will not be redeemed except by proving
the circumstances under which the rest of the bill was destroyed. When bills
get dirty or worn the banks send them back to the Treasury. Some years ago
the practice was to burn them in the furnace; but there was a rumor that

Page 649

charred pieces of the bills were in the habit of flying off through the
chimney to be found by people who presented them for redemption. Now
the worn money is put into a macerator or chewing machine, which
masticates them to a pulp at the rate of about a million dollars a mouthful.

201. The German paper mark, for example, depreciated to less than one-
fiftieth of its face value in gold; the Austrian crown depreciated even more.
Even more striking has been the depreciation of the Russian paper rouble
which has fallen more than a thousand-fold.

202. Money which, according to law, must be accepted in payment of
debts, is called legal tender. Gold coin, silver dollars, and certain notes are
legal tender up to any amount. Half dollars, quarters, and dimes must be
accepted in payment up to the amount of ten dollars. Nickels and pennies are
legal tender to the amount of twenty-five cents only.

203. The establishment of this second bank led to the raising of a very
important constitutional question. The constitution, as has been said,
contains not a word about banks. Hence the power to establish banks might
be assumed to remain entirely with the states in view of the rule that powers
not delegated to the nation by the constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the people. Congress
having gone ahead, however, and established a bank, the State of Maryland
proceeded to levy a tax on the bank’s paper money. This tax the cashier of
the Baltimore branch of the bank, McCulloch, refused to pay, whereupon he
was held liable by the courts of Maryland and appealed to the Supreme
Court. The latter tribunal went into the whole issue thoroughly and rendered
one of the most important legal decisions ever given in this country.
The decision in McCulloch vs. Maryland was that Congress, having been
given by the constitution the express power to collect taxes, to borrow
money, and “to make all laws which shall be necessary and proper for
carrying into execution the foregoing powers,” was thereby vested with
implied authority to establish banks as a means of facilitating the collection
of taxes or the borrowing of money. This being so, the Supreme Court
decided, no state can be permitted to interfere with an instrumentality
through which the national government is legally carrying on its work. They
must not interfere by taxation or otherwise. “The power to tax involves the
power to destroy,” declared Chief Justice Marshall in rendering this

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decision. If the states could tax one agency employed by the national
government in the execution of its powers, the chief justice explained, they
could tax every other one. They could tax the post office, the custom houses,
the forts, the ships of war. By taxing these things heavily enough they could
cripple the national government and eventually drive it out of existence
altogether. The court was unanimous in affirming that Congress had the
right to establish banks and that with such action no state could interfere.

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204. Trust companies were established to act as trustees or guardians of
funds belonging to widows, orphans, and others who could not look out for
their own investments. Then they began the practice of accepting deposits
from others and paying interest on these deposits, whereas national banks
and most of the regular state banks usually paid no interest to their
depositors. Gradually the trust companies became banks in every sense of
the term, and they have gradually increased in number during recent years.
As a rule they can do a wider range of business than is permitted to national
or state banks.

205. The locations of these twelve federal reserve banks are as follows:
Boston, New York, Philadelphia, Cleveland, Richmond, Atlanta, Chicago,
St. Louis, Minneapolis, Kansas City, Dallas, and San Francisco.

206. A further addition to the banking facilities of the United States was
made in 1916, when Congress inaugurated the federal farm loan bank
system. This is under the control of a federal farm loan board composed of
the Secretary of the Treasury and four other persons appointed by the
President. Two systems of lending money on mortgages are provided under
the supervision of this board, one working through twelve farm land banks
situated in different parts of the country and the other through joint stock
land banks. Provision is also made for the forming of farm loan associations
composed of farmers who wish to borrow money on the security of their
lands. See also p. 348.

207. Retail prices represent prices of the principal articles of Food;
wholesale prices include articles of all kinds.
Figures from the U.S. Bureau of Labor Statistics.

208. For this reason it is often said that gold is not a good measure of
deferred payments. For example, if somebody were to give you a note for a
thousand dollars, payable five years from now in gold coin, the amount of
goods which you will be able to buy with the proceeds of this note when it
is paid may be much greater, or much less, than what you could buy today.
Thus you would get your money back, but it would not have the same
purchasing power, and purchasing power is what counts. To determine the
actual purchasing power of gold at different dates, figures known as “index

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numbers” are compiled by various economic organizations. Index numbers
are compiled in this way: Take a certain amount of various things which are
in common use, say a barrel of flour, ten pounds of butter, a bushel of
potatoes, so much steel, leather, lumber, and other commodities,—make the
list long enough to cover the general range of prices. Add together the
current prices of these things today and you have an index number. Ten
years from now, if you take exactly the same amounts of exactly the same
commodities and add together the prices, you will have another index
number. By comparing them you can say that the purchasing power of
money has gone up or gone down, as the case may be. The index number
more than doubled during the years 1914 to 1919; that is to say, the
purchasing power of money was cut in two.

209. People are in the habit of thinking that the high cost of living is due
largely to “profiteering” and monopoly. To some extent, no doubt, this is
true. But the three most important factors in the high cost of living are: (a)
the inflation of money and credit; (b) decreased production; and (c) heavy
taxes. It is these things that give the profiteers and monopolists their
opportunity.

210. Bonds are promises to pay a certain principal sum at the expiry of a
certain term of years. They are issued by governments and by business
corporations. They bear interest annually or semi-annually. In the case of
registered bonds the name of the bondholder is inscribed on the books of
the government or company and a check for the interest is sent to him.
Coupon bonds, on the other hand, are payable to bearer and small tickets or
coupons must be cut off by the holder and presented on each interest date.
Stocks are merely shares in a business corporation and do not carry an
obligation to pay a definite sum at any given time. There are two kinds of
stock, preferred and common. The preferred stock is entitled to a stated
dividend; the common stock takes what is left of the net profits if there are
any.
Bonds, as a rule, yield a smaller return than preferred stock, because the
security is better. The man who holds common stock takes the greatest risk
of all and for this reason expects the largest rate of dividend. When you
invest money the income which you get from it is proportioned to the risk
which you take. An absolutely safe investment like government bonds

Page 653

brings in only four or five per cent annually; the preferred stock of railroads
or industrial corporations may yield six or seven per cent; the common
stock of some companies pays as high as eight or ten per cent. When you
find that an investment promises a large income you may be sure that the
risk is proportionately large. All sorts of “get rich quick” schemes are
placed before the public by promoters who promise high rates on “safe”
investments. Such investments are not safe; if they were, the banks and
large capitalists would put their money into them. To protect the public
from these frauds, some states have passed “blue-sky laws,” which require
that every stock-selling concern shall be investigated by the state authorities
before it is allowed to take money from the people.

211. If anything, this estimate is probably too low. In 1921 the tax
commissioner of Massachusetts estimated the tax burden in that state to be
$117 per capita.

212. The cities spend a great deal more than the rural districts and the per
capita burden there is consequently much heavier.

213. In the case of some heavily-taxed forms of merchandise, such as
tobacco, more than half the price is made up of taxes.

214. There are some cases, of course, in which the tax cannot be shifted;
for example, taxes on vacant or unimproved land, or taxes on fixed incomes
and salaries. But all this is a small element in the total tax bill.

215. Many public services which are now paid for out of the general
taxes were at one time supported by charging only those who made use of
them. Many of the first macadam roads were built by private companies,
which collected a few cents in toll from every person using them. Toll
bridges were not uncommon a generation ago and they still exist in some
places. Fees were charged in many places by the schools, so much per
pupil. Before regular police forces were established, well-to-do people hired
watchmen to patrol the streets around their property, the poorer sections of
the city being left without any protection at all.

216. The French statesman, Colbert, chief minister of Louis XIV, once
said that the art of taxing the people was like that of plucking a goose,

Page 654

namely, to get the largest amount of feathers with the least amount of
squawking. There is more truth than fiction in that remark.

217. In a general way the distinction between real and personal property
is simple enough, but the exact line between the two is not as a practical
matter so easy to draw. For example: Is grain growing in the field real or
personal property? Which is it after it is cut by the reaper? To which class
do the trees in the forest belong (a) before they are cut down, (b) after they
have been felled? Would it be correct to say that cattle grazing in the field
are converting real estate into personal property?

218. Real estate is in plain sight and cannot be concealed from the taxing
authorities; but stocks, bonds, notes, and so forth, are kept in a safe where
no one sees them but the owner. There is no way of knowing how much
taxable wealth a man has hidden away unless he is honest enough to tell. In
some states the plan of taxing intangibles has been given up altogether on
the ground that such taxes are too easy to evade. As a substitute these states
impose a tax on the income from intangibles and require every person to
make, once a year, a sworn statement of such income.

219. The exemptions, allowances, and rates change from time to time.
The existing rules can be found in the latest edition of the World Almanac.
They cannot be briefly stated without serious danger of inaccuracy.

220. See Cyclopedia of American Government, Vol. III, p. 492. The court
held that a tax on land was a direct tax; that a tax on the income from land
was in effect a tax on land, and hence also a direct tax.

221. During the years 1918-1921 these excises were also laid on railway
tickets, telegrams, and sales at soda fountains. The excess profits tax, which
also brought in a large revenue during the years 1918-1922 was levied upon
all business profits above a designated standard.

222. Every state undoubtedly has power to lay such a tax. There is some
doubt whether the national government also possesses it, because a tax on
the products of labor is in reality a means of regulating the conditions of
labor, and the constitution gives the national government no authority to
regulate the conditions of labor; such authority belongs to the states. The

Page 655

question whether the national government can levy a tax on the products of
child labor is now pending before the Supreme Court. See also p. 415.

223. People who have large fortunes may invest them in non-taxable
investments, such as state and municipal bonds, thus evading the heavy
surtaxes on incomes.

224. Henry George advocated that on all land a tax should be levied
equal to the full amount of its ground rent (see p. 43) and that all other taxes
should be abolished. This, in effect, would do away with the private
ownership of land, making the government the real owner. Mr. George
endeavored to prove that nearly all our economic troubles are due to the
private ownership of land and land monopoly. “What I therefore propose”,
he said, “as the simple yet sovereign remedy which will 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 crime, elevate morals and taste and intelligence, purify
government and carry civilization to yet nobler heights, is—to appropriate
rent by taxation.” Progress and Poverty, Book VIII, Ch. ii. This is a good
example of the extravagant and Utopian hopes held out by reformers who
are carried away by a single idea. If earth could be changed into heaven by
merely taxing one thing instead of another, the transformation would have
been made long ago.

225. President Harding, early in 1922, suggested the imposition of a sales
tax as a practicable method of obtaining money with which to pay a bonus
to veterans of the World War.

226. It was the custom to take such individual measures as were
approved by the various committees and put them all together into what
was called an “omnibus bill”, providing for many millions of dollars to be
spent upon the erection of new post-offices, the dredging of harbors, and so
on. In these bills every congressman expected to get something for his
district, whether there was need or not. Such grants of money were
commonly known as “pork barrel” appropriations. One way of keeping
congressmen in Washington until the very last day of the session was to
hold back these appropriations until just before adjournment. Every senator

Page 656

and representative would then stay at his post lest by some mishap his
particular item might be dropped out.

227. About ten billion dollars of this total was loaned by the United
States to England, France, and other countries to help them carry on the war
(see pp. 613-614).

228. There are some exceptions. The income from the first issue of
Liberty Bonds is entirely exempt from national taxation; the income from
the other issues is exempt up to a certain amount for a designated period of
years. All the bonds issued by the national government are exempt from
state and local taxation. Bonds issued by states, counties, cities, and other
municipalities are exempt from national taxation; they may or may not be
exempt from state and local taxes, depending usually upon where the owner
resides. For example, if a man owns bonds issued by the city of San
Francisco and resides in California, the income from these bonds is exempt
from state and local taxes; but if the owner resides in some other state
which has an income tax, the income is taxable.

229. The debt of New York state is about one hundred and thirty-five
millions; no other state has a debt half as large. A few states have no debts
at all. The total net debt of the counties, cities, towns, villages, and other
communities is nearly five billions. It would be conservative to say that the
total public indebtedness of the American people today is about twenty-
eight billions. From this may be subtracted, of course, the ten billions owed
to the United States by other countries. But even allowing for this, the debt
is about $700 per family.

230. It is a sound rule of public finance that bonds ought not to run for a
longer period than the estimated life of a public improvement. For example,
if a new street pavement is estimated to be good for twenty years, the bonds
should all be repayable within that term. Very often, however, the taxpayers
of American cities have been paying off paving bonds long after the
pavements have completely worn out.

231. The cost of any public service is made up largely of two items,
overhead charges and running expenses. In the case of electric light the
overhead charges include interest on the capital invested in power houses,

Page 657

machinery, wires and poles, conduits; also such things as insurance, taxes,
and rentals, which go on whether the plant produces much or little. Running
expenses include the cost of labor, coal, supplies, etc., and these things, of
course, vary with the amount of business done. Overhead charges often
make up half the cost of producing electric current; so if you double the
overhead, the price to the consumer would go up, not down.

232. Public service companies, when the government gives them the
power to take private property by right of eminent domain must pay just
compensation for what they take. The government could not give a
company power to take private property without compensation, for it does
not itself possess that power.

233. Franchises were often granted in perpetuity. When the laws forbade
the granting of perpetual franchises the attempt was sometimes made to
evade this restriction by granting them for 999 years. Sometimes the grant
of a franchise was put through the board of aldermen or the city council
without any notice being given to the public. Loud protests then followed,
but they availed little after the grant had been made.

234. These payments are arranged in a variety of ways. Sometimes a gas
company pays the city so much per year for every mile of gas-mains or so
much per million cubic feet of gas sold. Street railway companies
occasionally pay so much each year per mile of track. More commonly the
payment is based upon gross earnings or upon the value of the company’s
capital stock, or upon the estimated value of its franchise. In some instances
the franchise is sold to the highest bidder, that is the company which offers
to pay most for the privilege of using the streets gets it.

235. The street railway system of Boston, for example, operates in more
than twenty other cities and towns. A single telephone company sometimes
controls the telephone service in all the cities and towns of the state or even
in several states.

236. Fifty years ago these water supplies were usually controlled by
private companies operating under franchises. Today there are very few
public water-supply companies in the country. Among the sixty-five cities

Page 658

of over 100,000 population there are only six which do not have municipal
ownership of this service.

237. The city of Glasgow, in Scotland, is sometimes cited as an example
of a community which has gone the longest distance in the way of
municipal ownership. The citizen of Glasgow, it is said, may be born in a
municipal tenement, be fed on milk from the municipal dairy (which is
warmed on a municipal gas stove), be transported to school on municipal
tramcars, and when he dies be carried off in a municipal hearse to the
municipal cemetery.

238. There are about thirty municipal gas plants and several hundred
municipal electric lighting plants in the United States; but the great majority
of them are in small communities.

239. There are municipal street railways in San Francisco, Seattle, and
New Orleans. Public operation of street railways, without public ownership,
is the policy of Boston and several other cities. These street railways are
operated on a service-at-cost plan. The government of the state or city takes
over the street railway, appoints officials to manage it, and charges
whatever fares are necessary to pay the expenses of operation (including
whatever rate of interest is to be paid to the owners of the street railway).
When wages go up, fares go up. In some cases service-at-cost has been
proved to be a costly plan. When wages went up during and after the war,
fares rose correspondingly. But although wages have come down since
1920 in private employments, they have not been reduced to the same
extent on publicly-owned street railways, hence the fares remain where they
were. To be fair to the public, the system ought to work both ways.

240. The national, state, and municipal governments can borrow money
at five per cent or less; the companies have to pay six or seven per cent
under present conditions.

241. Notice the way in which gas and electric lighting companies try to
increase their business by selling gas stoves, electric irons, and other
appliances at low figures and on the installment plan. Telephone companies
place public pay-stations in every nook and corner to pick up a few extra
nickels and dimes. Telegraph companies give special rates on night letters

Page 659

to get messages which would be sent by mail if the regular rates were
charged. Can you imagine the post-office keeping open at night in order to
obtain more business?

242. By naming these three purposes of education, first, second, and
third, it is not intended to imply that this is their order of importance. Some
would put service to the community first of all. Over one of the main gates
at Harvard University, through which the students pass out into the world
after they have been graduated, is this timely inscription: “Depart to serve
thy country and thy kind.”

243. The laws and the practice differ greatly from state to state, and
sometimes from one community to another. It would be futile to attempt the
task of presenting here even the most important variations. Those who
desire to know exactly how the schools are controlled and managed in
different parts of the country will find full information in S. T. Dutton and
David Snedden, The Administration of Public Education in the United
States.

244. In 1917 Congress provided that each year a grant from the federal
treasury should be made to the several states in order to encourage
vocational education. This money is distributed among the states on
condition that each shall contribute an equal amount, the distribution being
made, not by the Bureau of Education, but by a body known as the Federal
Board for Vocational Education. This board is made up of seven persons,
the Secretaries of Agriculture, Commerce, and Labor, the Commissioner of
Education and three other persons appointed by the President. A
considerable part of its work for the present is connected with the providing
of vocational training for American soldiers and sailors who were disabled
in the World War.

245. The Smith-Towner Bill, now the Towner-Sterling Bill.

246. According to the census figures only one person in fifteen (above
school age) is unable to write; but the experience of army officers with
drafted men during the war showed that the proportion must be a great deal
larger. The census enumerators take a man’s word for it; the army
authorities at the various camps applied an actual test. They found that

Page 660

about one man in every five was unable to write a simple letter of a dozen
lines.

247. The essential differences between grammar school and high school
instruction are these: the work of the grammar school grades is practically
all prescribed; in the high school there are some elective studies; in the
grammar school grades one teacher gives the instruction in all the subjects,
whereas in the high schools the various subjects are taught by different
teachers, each one a specialist.

248. A proper system of vocational education involves three things: (a) a
broad and practical foundation in elementary education of the ordinary
type; (b) a study of the social and civic forces which control the life of the
people; and (c) definite training in some particular vocation or trade. In
order to help the pupil choose his life work more intelligently, many schools
have made provision for vocational guidance. A vocational director or
counsellor studies the special aptitudes and abilities of each pupil, points
out what opportunities are open, and advises as to the best means of training
for the work selected.

249. The demand for vocational education has come from several
sources: namely, from parents who believe that education ought to be
directly related to earning-power; from teachers who are convinced that
there is little or no educational value in drilling pupils in studies which do
not interest them; from the general public which thinks the schools would
render a larger social service in training pupils to vocational efficiency; and
from enterprising employers who see in this form of education a chance to
get a supply of trained workers without having to break them in as
apprentices. Organized labor at first looked with suspicion upon the
movement, but is now more favorably disposed toward it. Vocational
education should be clearly distinguished from manual training, which is
merely a general education in the principles of skilful hand work without
regard to any particular vocation or trade. Vocational education does not
turn out a fully-trained worker, but only one who has practically finished
the apprentice stage.

250. There is a current notion that those who stand highest in their studies
at school or in college usually do poorly when they get out into the world,

Page 661

and that those who take a prominent part in school or college activities,
even though their scholarship be very poor, are the ones who rise to the top
in later life. The evidence is all to the contrary. Every investigation that has
ever been made into this matter indicates that in the vast majority of cases
the boy who does well at school does well in his college studies if he goes
to college; and that students who stand high in their college studies are
much more likely to succeed in later life than those who stand low. Three
great Eastern universities, Harvard, Yale, and Princeton, gave the nation
three successive Presidents during the years 1901-1921, Roosevelt, Taft,
and Wilson. Nobody thought it worth while to mention that each of the
three was a scholar of high rank at graduation; but if anyone of them had
been graduated near the bottom of the list, we should have heard comment
in plenty. The exceptions are too often singled out for notice; the instances
that prove the rule are so numerous that they pass unobserved.

251. Measures for the promotion and protection of the public health have
a marked effect upon the death rate. Fifty years ago it was not at all
uncommon to find, in American cities and towns, an annual death rate of
thirty persons per thousand of population. Today this rate has everywhere
been cut in two. Even in large centers of population like New York and
Chicago the annual death rate, in normal years, is now below fifteen per
thousand. This means, of course, that the average duration of life, taking the
population as a whole, has been lengthened. The lowered death rate has
probably added seven or eight additional years to the average life-span. It is
easy to see what an enormous gain this has meant to the productive power
of the country.

252. Recall, for example, the passage in Homer’s Iliad, where the sun
god in anger raised his terrible bow and with every twang of the bow-string
sent men to their death by pestilence.

253. It was the same with many other things. The Romans, for example,
used seals with which to stamp impressions on documents and coins. That
is the essence of printing. Yet the world did not learn the next important
step, how to print books, for a thousand years.

254. During the earlier years of the World War, before the armies of the
Central Powers overran Serbia, that country was stricken with typhus from

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one end to the other. The Allied countries equipped a great sanitary
expedition which went through the land and virtually disinfected the entire
population. Trains of box cars were fitted up as bathing and delousing
plants, with hot water and steam from the locomotive. These trains went
along from village to village, stopping at each long enough to put the
inhabitants, one by one, through the scrubbing process and their clothing
through the steam vat.

255. In order that measures for preventing the spread of disease may be
effective, they must be based upon a well-organized and accurate system of
vital statistics. These statistics include figures relating to births, deaths, and
illness. They are compiled in the offices of the health authorities from the
reports sent in by physicians. These reports, to be of real value, must not
only be accurate but prompt. By means of these statistics the health
authorities can sense the beginnings of an epidemic, can often determine its
source or cause, and can immediately set the machinery in motion to ensure
its control. When one physician reports a case of typhoid this may not be of
great significance; but if a dozen cases are reported on the same day, the
necessity of an immediate investigation into the water and milk supplies
becomes apparent.

256. The city of Glasgow obtains its supply of pure water from Loch
Katrine, immortalized in The Lady of the Lake.

257. The choice between the two kinds of filtration depends upon local
conditions. Where the raw water is excessively turbid or bad-colored, the
rapid sand filter is more commonly used. The chemical treatment of water
involves the use of chlorinated lime (better known as bleaching powder) or
some other chemical disinfectant which kills the noxious bacteria. Only
small quantities are required in proportion to the volume of water used.
Chemical treatment is not commonly used except in emergencies; it is not
regarded as a satisfactory permanent plan of water treatment.

258. These housing regulations now provide, as a rule, that houses
designed to accommodate more than two families shall not occupy more
than two-thirds of the lots upon which they are built, the remaining space
being left for light and air. They also require that such houses shall not be of
highly inflammable construction, that they be provided with lighted

Page 663

hallways, that sanitary equipment be installed, and that no rooms be used
for ordinary living purposes unless they have one or more windows. A
further provision in some of these tenement-house laws is that houses may
be condemned as unsanitary if they contain less than so many cubic feet of
air space for each person living in them. This last provision is difficult to
enforce except by frequent inspection, yet it is very important because no
matter how well a house may be constructed, there will be a danger to the
public health if it is seriously overcrowded.

259. At the Peace Conference in 1919 the protection of the public health
throughout the world was considered so important that provision for it was
included in the Covenant of the League of Nations (see p. 638).

260. An exception to this must be made in the case of the negro
population of the South. The amount of poverty among the Southern
negroes is large, although most of them live in rural communities.

261. Poverty, in a way, reproduces itself. Some years ago a New York
social worker gave the following rather cogent description of the way in
which one generation passes its poverty on to the next. “A child, reared in a
poor home, is taken out of school and sent to work at an early age. He
drudges away, brings home every cent of his pay, is allowed to keep little or
none of it, and gets no fun out of life. After a while he gets tired of this; he
meets some girl who has been brought up in the same way; they get
married; but neither of them has saved any money nor has the slightest idea
of how to manage a home. They rent a small flat, buy some furniture on the
installment plan, and then find that they are not able to pay for it. They get
into debt and when either falls sick or the husband is out of work there is
nothing to eat. When children come they grow up on improper nourishment;
they are slapped in the face and scolded at all hours; they get no home
training and very little schooling; as soon as they are able to earn a few
dollars a week they are hauled out of school and put to work—and so
history just repeats itself.”

262. The marriage of feeble-minded or other mentally defective persons
ought to be prevented, for the results of such marriages are bad for the
whole community. They help to fill the poorhouses, the asylums, and the
jails. There are some who believe that the government ought to go further

Page 664

and lend its influence towards the promotion of greater care in determining
the marriage of persons who are not mentally defective. Marriage, as has
been shown in an earlier chapter, is the basis of the home and hence the
foundation of the whole social order. It is an institution of exceedingly great
importance to the well-being of society. Yet we leave the whole thing to the
caprice of individuals, or their passing fancy, or to the accidents of chance
friendships. Whatever may be the inspiration to marriage it can truly be said
that many unions of man and woman contribute nothing to the well-being
of present or future society. Is it right that an institution of such importance
to the human race, both present and future, should be so little controlled by
law, by custom, or by public opinion and so largely left to the discretion of
individuals? Can the race be improved in that way? Beyond preventing the
marriage of mentally degenerate persons is there any further action that
society ought to take?

263. Many explanations are offered for this. We are a relatively new
country, with a population made up of many races. Court procedure is slow
and cumbrous; it takes a long time to punish offenders, and they have a fair
chance of escaping punishment altogether. Police have been under the
control of politicians and have been lax in enforcing the laws. We have
emphasized the idea of liberty so strongly that it has benefited even the
criminal. We have not made punishment certain enough or severe enough to
deter people from evil-doing. All these excuses have some force, no doubt,
but do they fully account for our poor showing in comparison with other
countries?

264. The reformer who first educated the public to this doctrine was
Jeremy Bentham, an English writer on social topics who lived in the early
years of the nineteenth century.

265. The most conspicuous figure in this branch of prison reform during
recent years is Mr. Thomas Mott Osborne, who was for a time in charge of
the state prison at Auburn, N. Y. Mr. Osborne entirely abolished the old
system of discipline and established a scheme of self-government among
the prisoners. But public opinion was not quite ready for such a radical
experiment as Mr. Osborne inaugurated, and his work was bitterly criticised
in many quarters, although it was commended in others. In the midst of the

Page 665

controversy he gave up his post and his successor did not continue his
policy.

266. A good many people are beginning to wonder whether the reaction
against the old-fashioned methods of dealing with offenders has not been
carried too far. Persons charged with crime are now given a fair trial with
liberal opportunities for appeal. When convicted they are frequently given
indeterminate sentences and then, after a short term of confinement, are
released on parole. In prison they are well housed, properly fed, given
various privileges, provided with motion picture entertainments, and given
other forms of recreation. The complaint is made that we have made the
path of the transgressor altogether too easy and that the sort of punishment
which is now meted out to offenders is inadequate to serve as a deterrent to
crime. The increase in crime, particularly in the larger American cities, is by
some attributed to this leniency of treatment.

267. One of the first of these courts, and the best known of them all, is
the Juvenile Court of Denver, Colorado, which was for some years presided
over by Judge Ben B. Lindsey. For a time the success of this court seemed
to be remarkable, for Judge Lindsey possessed the knack of getting
wayward boys to tell him the truth; but in his zeal for giving them a chance
to reform he appeared to many citizens of Denver to be unduly lenient. The
Juvenile Court was retained, but another judge was put in charge of it.

268. In number of divorces the United States, unhappily, leads the world.
More divorces are granted each year in this country than in all other
civilized countries put together. This is one of the things which gives us no
occasion for boasting, because it points to a serious weakening in the
stability and strength of the family as a social unit. Not only is the number
of divorces very large, but it is rapidly increasing year by year. Fifty years
ago the number per annum in the United States was only about twenty
thousand; now it is over one hundred and twenty thousand. On the average
there was one divorce for every thirty marriages in 1870; today the ratio is
one in ten. At the present rate of increase it has been estimated that by 1950
no fewer than one-fourth of all marriages will be terminated by divorce, and
if the same condition of affairs should continue until the end of the
twentieth century, one-half of all the marriages would eventuate in that way.

Page 666

This would indeed be an ominous outlook were it not that conditions are
likely, sooner or later, to undergo a change. When a social problem becomes
very serious, as this one is now becoming, it is the habit of society to seek
out and apply appropriate remedies.

269. Since its foundation in 1788 the national government has spent, in
round figures, about sixty-seven billion dollars. Of this entire sum fifty-
eight billions have been spent for war, that is, for maintaining the army and
navy, for carrying on the nation’s various wars, for pensions, and for
interest on war debts.

270. Theodore Roosevelt, Fear God and Take Your Own Part (N. Y.,
1915), Ch. I.

271. History is full of examples to support this statement. When Carthage
proved unable to defend herself against Roman aggression, the victors left
not one stone upon another. Look at Poland, ripped apart during the
seventeenth and eighteenth centuries by her avaricious neighbors and now
restored to nationhood by the armed forces of France, England, Italy, and
America. And what of China today? Are her four hundred million people
happier and more prosperous because they happen to be citizens of a
defenceless country?

272. The War of Independence was won by a volunteer army. On the
conclusion of peace this army was disbanded, but the absence of a defence
force was deemed a serious danger. Accordingly, when the constitution was
framed in 1787, it provided that the new Congress should have power “to
raise and support armies.” During Washington’s first term a Department of
War was established in the national government and a small regular army
was created under the supervision of this department. The size of this army
was not above five thousand men of all ranks, barely sufficient to keep the
Indian tribes from giving trouble. But the Napoleonic wars in Europe led
Congress to increase its size as a measure of precaution, and during the War
of 1812 an endeavor was made to raise the regular army, by enlistment, to
about 35,000 men. Recruits, however, did not come readily because the war
was unpopular in some parts of the country, and it therefore became
necessary to call out the militia organizations of the several states. After
1816, when peace was made, the regular army was greatly reduced, and

Page 667

until 1860 it remained small with the exception of the years in which the
United States was at war with Mexico. The Civil War necessitated a
considerable expansion of the regular army, but the larger portion of the
fighting force was obtained by calling out the state militia and by raising
regiments of volunteers. When the war was over, Congress fixed the
maximum strength of the regular army at 25,000, and there it remained until
the outbreak of the war with Spain, when it was more than doubled. In
1916, during the World War, but before the United States entered the
conflict, a further increase to a maximum of 175,000 was authorized. This
figure subsequently rose to 225,000 but in 1921 it was cut down by
Congress to 150,000, at which point it remains today, although a further
reduction is now being considered.

273. Prior to 1916 the national guard could not be called upon for service
outside the United States, but only for defence against invasion and for the
suppression of internal disturbances. But in 1916 it was provided by the
National Defence Act that whenever Congress authorizes the use of armed
forces in addition to the regular army, the President may draft any or all
members of the national guard into the service of the United States and may
employ them outside American territory.

274. Theodore Roosevelt was serving as Assistant Secretary of the Navy
when the war with Spain began in 1898. He offered to raise a volunteer
cavalry regiment of cowboys from the cattle country and his offer was
accepted by the government. Resigning his position in the Navy
Department he organized this regiment of Rough Riders and became its
lieutenant-colonel. The Rough Riders went to Cuba, where they gave a
good account of themselves.

275. The actual organization and disciplining of the army during peace,
as well as its movements and operations in war, are under the immediate
direction of the General Staff. This body consists of a Chief of Staff, who is
appointed from among the high officers of the army, and numerous other
army officers who are detailed for this service. The General Staff is so
organized that in the event of war one section of it can take charge of
operations in the field while the other keeps building up the army at home.
General Pershing, who commanded the American Expeditionary Forces in

Page 668

the World War is now Chief of Staff, his principal assistant being Major-
General Harbord, who commanded the First Army overseas.

276. For minor offences an enlisted man is tried by summary court-
martial before a single officer. For more serious offences a special court-
martial of from three to five officers is convened. If the offence is very
serious, or if the accused person is a commissioned officer, the trial takes
place before a general court-martial of from five to fifteen officers, who
must be, wherever possible, at least of equal rank with the accused. The
verdict, or finding, of the court-martial, together with its recommendations
for punishment in case of conviction, is transmitted to the officer by whose
order the court was convened. This officer has power to diminish but not to
increase the punishment recommended by the court-martial.

277. There is still another phase of military jurisdiction which must be
distinguished from both military law and martial law. This is called military
government. It may be explained as follows: When any territory is
conquered and held by an invading army it must obviously be given some
temporary form of government. The former government usually flees and
something must be put in its place. Under such conditions the commander-
in-chief of the occupying force sets up a temporary administration. In 1919,
when a portion of the American Expeditionary Force advanced into German
territory under the terms of the armistice, a military government with its
headquarters at Coblenz was established for the area occupied by the
American troops. A military government may even be set up in home
territory during a civil war or insurrection. After the fall of the Confederacy
military governments were maintained in the South until the state
governments were reconstructed, hence we commonly speak of the
“reconstruction” period. Military government is always a temporary
arrangement, never intended to be permanent, although it may last for
several years. It does not, like martial law, supplant the ordinary laws of the
occupied territory, but merely means that the occupying army, through its
commander-in-chief, takes over the administration.

278. The beginnings of the American Navy go back to the time of the
Revolutionary War, when a few frigates were placed in service; but when
the war was over these ships were sold and the navy abolished. In 1794,

Page 669

however, Congress authorized the building of six new frigates, and four
years later a Department of the Navy was created, with a member of the
Cabinet at its head. The number of vessels increased very slowly and when
the War of 1812 began the United States had only sixteen war vessels, some
of them too small to be of great usefulness. This small navy, nevertheless,
gave a good account of itself during the course of the war at sea. From 1815
to the outbreak of the Civil War little attention was paid to the upbuilding of
American naval strength, but during the course of this struggle a great
expansion took place. The invention of the iron-clad Monitor revolutionized
naval construction. But when the South had been subdued the Navy was
once more allowed to dwindle and it was not until after 1885 that the
United States again made a serious attempt to build up a strong naval
establishment. Since that date naval progress has been steady and today the
United States navy ranks second in point of size among the sea forces of the
world. By the terms of the agreement concluded among the chief naval
powers of the world at Washington in 1922 it has been arranged that the
United States, Great Britain, and Japan shall each destroy certain war
vessels now built or in process of building, and that each shall refrain from
building new capital ships (except for purposes of replacement), during the
next ten years. At the end of this period the navies of the United States and
Great Britain will be approximately equal in strength, while that of Japan
will be about three-fifths as strong. See also p. 577.

279. For the action of the conference with reference to matters in the Far
East, see p. 619.

280. Brigadier-General Mitchell of the United States Army Air Service,
in his testimony before a committee of Congress in 1920, declared that a
few planes could visit New York City and rain down enough phosgene gas
to kill every inhabitant “unless we provide some means of repelling them.”

281. See the quotations from various military authorities given in The
Next War, by Will Irwin, pp. 46-66.

282. There is a tradition in England that if a person goes into Hyde Park,
London (a large open space in the center of the city), he may gather a crowd
around him and say anything he pleases, subject only to the chance that he
may be roughly handled if his hearers do not like what he says. For this

Page 670

reason, Hyde Park is sometimes referred to as the “safety valve” of the
English government. Anyone who has a grievance, real or imaginary, can
go there and blow off steam. Having had his say, without let or hindrance,
the speaker feels better about it. Somewhere in this country we ought to
have a Hyde Park.
We must be careful not to judge the liberties of the citizen and the
severity of a government by what may happen in war-time or in time of
civil insurrection. War inflames popular passion and impels both the
officers of government and the people to do unwise things, sometimes to
violate the laws of the land in the name of patriotism. An excited nation,
like an excited man, is entitled to some allowance. Nevertheless, it is the
duty of all who understand the meaning of free government to stand firmly
against the wrongful curtailment of personal rights at any time; for the true
interests of free government are never promoted by resort to injustice or
oppression.

283. This is a great and fundamental weakness of international
law, that there is no executive authority to apply it and there are no
courts to enforce its rules when nations disobey. During the World
War the rules of international law were violated on many
occasions, for example, in the use of poison gas, the bombing of
hospitals, the sinking of hospital ships, the forcing of prisoners to
labor on military works, and the illegal detention of neutral ships.
Yet in spite of these violations international law emerged from the
war stronger than it was before. The nations which violated
international law most shamelessly were the ones that lost the war,
and their defeat was due in no small measure to the resentment
which was aroused throughout the world by reason of these
violations.

284. Illustrations are too fresh in everyone’s mind to require any
extended comment. In 1918 President Wilson took with him to the
peace negotiations at Paris no member of the Senate. He did not
keep in touch with the leaders of the majority party in this body.
But in 1921 when President Harding appointed the four American
delegates to the Washington Conference he named two of them
from the Senate.

Page 671

285. In addition to regular envoys, it is sometimes customary for
a country to send an unofficial representative to conduct
negotiations informally. During the years before the United States
entered the war, Colonel Edward M. House, of Texas, was sent to
Europe by President Wilson on at least two occasions in order that
certain confidential discussions might be carried on without using
the regular diplomatic channels. When unofficial representatives
are sent in this way no public announcement is made.

286. Communications between diplomats and their own
governments are not usually sent by mail if the matters dealt with
are of great importance. They are sent by special couriers or
messengers. When diplomatic communications are sent by
telegraph or cable they are transmitted in cipher, that is, in a secret
code of words which no outsider can read. Nations occasionally get
hold of one another’s diplomatic codes and decipher
communications which they are not supposed to read. For example,
the German government in the spring of 1917, before the United
States declared war, sent a wireless message to its official
representative in Mexico, telling him in substance that if America
entered the war, he was to stir up Mexico against the United States
by promising that when the war was over Mexico would be
rewarded with some American territory. This message was in secret
code; but the American officials caught it from the air, deciphered
it, and at the appropriate time put the German government in an
embarrassing situation by publishing the message in plain English
to the whole world.

287. When two countries go to war they at once withdraw their
diplomatic representatives from one another’s capitals. The
embassy or legation and its archives are put under the care of some
neutral ambassador until the war is over. During the years 1914-
1917 the American ambassador in Berlin and the American
minister in Brussels looked after the interests of Great Britain at
these two capitals. The work of Mr. Brand Whitlock at Brussels
was notable, and the services which he rendered to the Belgian

Page 672

people during the years of their country’s captivity will long be
remembered in that heroic little land.

288. In 1915, for example, the Austro-Hungarian ambassador to
the United States, Dr. Dumba, endeavored to stir up trouble among
certain Hungarian immigrants who were working in American
munition factories, making weapons and military supplies for sale
to Great Britain and France. When the United States government
discovered these intrigues, Dr. Dumba was dismissed from the
country.

289. The making of secret treaties continued, in fact, after the
war began. By secret treaties France and Great Britain promised
that Italy should have certain territories which were held by Austria
and that Russia should have Constantinople. When the war was
over the new government at Vienna permitted the publication of a
whole volume of secret treaties that had been made during the
preceding fifty years. The Bolsheviks in Russia also published all
the secret treaties of the Czar that they could find.
In the covenant of the League of Nations it is provided that every
treaty between nations which become members of the League must
be registered and published.

290. There are some cases in which the approval of the House of
Representatives is also needed before a treaty can go into effect. In
the treaty which provided for the purchase of Alaska in 1867 and in
the treaty which closed the war with Spain in 1898, provision was
made for the payment of money by the United States. Now no
money can be appropriated from the treasury without action on the
part of the House, and if the House had declined to appropriate the
money, the conditions of these treaties could not have been
fulfilled. In both cases, however, the House did actually vote the
necessary funds.

291. In 1870, for example, President Grant concluded with the
government of San Domingo a treaty which provided for the
annexation of that island to the United States. The Senate, after a
hard fight, rejected the treaty altogether. Even more notable, of

Page 673

course, was the Senate’s action in declining to ratify the treaty
which President Wilson signed at Paris in 1919.

292. The English government proposed that the United States
and Great Britain should issue the declaration jointly, but President
Monroe and his secretary of state, John Quincy Adams, thought it
better that the United States should make the declaration alone.

293. At the Peace Conference in 1919 the European countries
were willing to concede what was virtually a recognition of the
Monroe Doctrine, and the covenant of the League of Nations
contains a provision that nothing in that document shall affect the
validity of “regional understandings, like the Monroe Doctrine, for
securing the maintenance of peace” (Article XXI).

294. Hiram Bingham, The Monroe Doctrine: An Obsolete
Shibboleth (New Haven, 1913).

295. No one knows exactly what it means today because its
scope has been rather indefinitely extended at various times. No
doubt it would be further extended if the occasion should arise. For
example, the original doctrine was directed against European
powers only. But if Japan should attempt to acquire territory in
Central or South America, the Monroe Doctrine would
unquestionably be invoked as applicable to an Asiatic power as
well.

296. Washington was well aware that the United States might
have to take a hand in European quarrels if they should assume an
extraordinary importance. Notice the exact wording of the passage
in his Farewell Address. “It would be unwise in us to implicate
ourselves by artificial ties in the ordinary vicissitudes of her
(Europe’s) politics, or the ordinary combinations and collisions of
her friendships or enmities.” Washington was not in the habit of
wasting words, and he did not twice insert the limitation “ordinary”
without good reason. By the way, he did not use the phrase
“entangling alliances”. That expression was first used by Jefferson
in his inaugural address (March 4, 1801).

Page 674

297. From 1815 to 1914 all the great wars were localized. The
Crimean War (1854-1855), although five nations took part in it,
was confined to the territories around the Black Sea; the War of
1859, in which the French and Italians on the one side fought the
Austrians on the other, was settled in Northern Italy. The other
important wars were, for the most part, individual duels between
two nations or between two sections of a single nation.

298. The total amount loaned to European governments by the
United States during the war was about ten billion dollars, of which
nearly half was loaned to Great Britain.

299. The payments made by Germany to Great Britain, France,
and Italy, as well as the payments made by these countries to the
United States, must inevitably take the form of payment in goods.
There is not enough gold in Europe to make payment in gold. All
this means that so long as the reparations and loans are being
liquidated large imports of goods from Europe are likely to come
into this country.

300. By the terms of a supplementary treaty, this does not
include the main Japanese islands themselves.

301. It is said that the Thirty Years’ War reduced the population
in some sections of the warring states to one-half or one-third of
what it had been when the struggle began. The losses of all the
countries engaged in the World War have been estimated to be
almost ten millions, more than the entire population of Canada
from ocean to ocean. Millions more died from famine and under-
nourishment at home. Is it not strange that nations should work for
years with might and main to increase the size and prosperity of
their populations, then turn around and undo a large part of what
they have been able to accomplish? In peace nations labor to
alleviate each others’ distress; in war they labor to cause it.
Patiently through the decades men of science wrestle with the
problem of relieving pain and suffering; then, in an instant, all their
skill is devoted to killing, maiming, and suffocating men by the

Page 675

million! There is no wisdom like the wisdom of man, and no folly
like it either.

302. The covenant was made an integral part of the peace treaty,
largely at President Wilson’s insistence, for two reasons: First,
because it was believed that this would be a surer way of obtaining
the assent of all the great nations to the provisions of the covenant;
second, because many of the terms of the treaty (for example, those
relating to boundaries and mandates) were framed on the
assumption that a League of Nations would be in existence to carry
them into effect. Taken together, the treaty and the covenant make
the longest international document ever framed, a printed book of
87,000 words—about half the size of this text-book. Nearly a
thousand diplomats, experts, and clerks spent more than three
months in drafting it.

303. Invitations were not extended to Germany, Austria,
Hungary, Bulgaria, Turkey, Russia, or Mexico. Austria, however,
has since been admitted to membership.

304. When, for example, a typhus epidemic broke out in Poland,
and the Polish authorities found themselves unable to control it, the
League sent a commission of health experts to assist them.

305. This is because not only Great Britain herself but India,
Canada, Australia, South Africa, and New Zealand are members of
the League. It was assumed that the six British votes in the
Assembly would always be cast together; but, as a matter of fact,
the various British dominions insisted upon having separate votes
in order that they might vote according to their own particular
interests. In most international matters the interests of Canada,
Australia, and South Africa are not at all certain to coincide with
those of England.

306. Since the treaty and the covenant were joined together, the
objections to one applied to the other. Concerning Shantung, see
also p. 620.

Page 676

307. The term “soviet” means council or meeting. The
constitution of the Russian Socialist Federated Soviet Republic
may be found in Frank Comerford, The New World, pp. 281-305.

308. Nikalai Lenin is now the head of this Council; Leon
Trotzky is Minister of War in it. Each member of the Council is
head of a department.

309. The breakdown was due in part, no doubt, to the
disorganization wrought by the war and the internal revolts which
broke out in Russia after the war. To make matters worse there
were crop failures, with resulting famines, in some of Russia’s best
grain-producing regions.

310. It is quite true that some men and women work because
they like to work and dislike to be idle, or because they feel that
what they do is of value to the community, or for some other reason
not directly connected with their pay. They form, however, a very
small fraction of the total body of wage-earners.

311. Voters.

312. Annulled by the Thirteenth and Fourteenth Amendments.

313. Superseded by the Seventeenth Amendment.

314. See Seventeenth Amendment.

315. See Sixteenth Amendment.

316. Superseded by the Twelfth Amendment.

317. Modified by the Eleventh Amendment.

318. Compare Fourteenth Amendment.

319. The first ten Amendments, known as the Bill of Rights,
were adopted in 1791.

Page 677

320. See Amendment XIV, Sec. 1, which extends part of this
restriction to the States.

321. Adopted in 1798 to protect the sovereignty of the States.

322. Adopted in 1804, superseding Article II, Sec. 1.

323. Adopted in 1865.

324. Adopted in 1868.

325. Adopted in 1870.

326. Adopted in 1913.

327. Adopted in 1913.

328. Adopted in 1919.

329. Adopted in 1920.

Page 678

Transcriber’s Note
The index entry regarding the duties of the Vice
President refers to a note on p. 270, but no such note
exists.
The index entry regarding compulsory arbitration in
New Zealand refers to a note on p. 419. The note
appears on p. 409.
Other errors deemed most likely to be the printer’s
have been corrected, and are noted here. The references
are to the page and line in the original. Where the error
is in a footnote, the original note is included and the line
within it.
71.32 protect a[rg/gr]iculture Transposed.
80.2 It wa[s] a long and grim struggle Restored.
82.34 In the case of the Porto Ricans[,] Added.
citizenship
105.10 They are practical[ in] their Added.
nature.
179.33 and[ and] the county-manager Removed.
plans.
193.7 that i[s/t] encourages Replaced.
250.26 [I/i]t could act only Replaced.
316.13 many states[.] Added.
329.8 restocking of lakes with fish)[.] Added.
353.33 The Non-Partisan League, Replaced.
pp.269-283[;/.]
379.33 and future development[.] Added.
418.10 a certain p[re/er]centage of the Transposed.
total
465.12 to the present taxpayers[.] Added.
468.n2.2 life of a public i[n/m]provement Replaced.
470.10 Public Finance, [pp. ]261-280. Added.

Page 679

471.11 p. 457.[)] Added.
618.6 mastery of the Pacific[.] Added.
673.29 I do solem[n]ly swear Inserted.
683.6 a Senator or Represen[t]ative Inserted.

Page 680

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