OUR GOVERNMENT LOCAL STATE AND NATIONAL JAMES AND SANFORD Book >XSA_ CopiglitN . COPYRIGHT DEPOSIT. OUR GOVERNMENT LOCAL, STATE, AND NATIONAL OUR GOVERNMENT LOCAL, STATE, AND NATIONAL BY J. A. JAMES, Ph.D. PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY AND A. H. SANFORD, M.A. PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT, WISCONSIN O 3 « • " • f NEW YORK CHARLES SCRIBNER'S SONS 1903 J If "2-5 THE LIBRARY OF CONGRESS, Two Copies Received JUN 20 1903 -. Copyright Entry ( /CLASS H, XXc. No j **.**? COPY B. COPYRIGHT, 1903, BY CHARLES SCRIBNER'S SONS Published June, 1903. NorhJooU $r*ss J. S. Cushing & Co. — Berwick & Smith Co. Norwood, Mass., U.S.A. PREFACE. The subject-matter herewith presented partially repre- sents the plan pursued by the authors as teachers of civil government for a number of years in high school, academy, and normal school. It has been found that a study of the methods by which the affairs of government are conducted gives constant interest to the work, and, consequently, the practical side of government has been emphasized. But while our desire has been to bring the actual working of the institutions under which the student lives into promi- nence, we have also attempted to give such accounts of the origin and early development of forms of government as will assist in explaining their process of growth. The plan of discussion is similar to that followed in " Government in State and Nation." The general favor with which that text has been received leads to the belief that it fully meets the requirement of the Committee of Seven for such schools as present civil government in the third or fourth year of the course. In many cases, however, the subject is taught earlier in the course, and the present work has been pre- pared in answer to the requests of teachers for a text suitable to this class of students. The arrangement is such that either Local (Part I), National (Part II), or State Government (Part III) may be studied first. In the work on local and State govern- ment it is not expected that the student will learn all of the different practices found in the various States, but that he will compare them with those of his own State. VI m PREFACE. While some of the discussions and many of the sugges- tive questions are intended to make students realize more completely their duties as citizens, many more having a local bearing will occur to teachers. It is scarcely to be hoped that all of the books and magazines mentioned will be found in any high school library, but the need for sup- plementary reading is being met through the rapid increase of public libraries. A working library on the subject of civics may be accumulated in a short time if only a few of the books given in Appendix D are procured each year. No attempt has been made to give references to all of the material which has appeared within the past few years. The ability of the reader and the time to be devoted to the subject have been kept constantly in mind. There may be more supplementary questions and references than can be used by any one class. Should it happen, on the other hand, that more work of this character is desired, the need may be met by reference to similar questions in " Government in State and Nation." We are under obligation to Miss Carla F. Sargent of Northwestern University Academy who read a large part of the manuscript. We also take this opportunity of acknowledging the assistance given by many teachers of civics, strangers to us, who are using " Government in State and Nation," for their helpful suggestions. Evanston, Illinois, May i, 1903. CONTENTS. PART I. CHAPTER PAGE I. The Work of Local Government i II. County Government 7 III. The Origin of Local Governments . . 13 IV. The Government of Cities 19 PART II. THE Sev V. Events leading to the Formation of the Union VI. The Constitutional Convention VII. Organization of the Legislative Department VIII. Powers and Duties of the Separate Houses IX. How Laws are made by Congress. X. Some Important Powers of Congress XI. Other General Powers of Congress XII. Powers denied the United States and eral States .... XIII. The Executive Department . XIV. Powers and Duties of the President XV. The Cabinet XVI. The National Judiciary . XVII. Territories and Public Lands XVIII. Amendments to the Constitution . XIX. The Governments of the World . 32 40 50 66 73 83 98 in 115 131 141 156 165 175 179 Vlll CONTENTS. PART III. CHAPTER PAGE XX. The Origin of State Governments . . .186 XXI. State Legislatures 191 XXII. State Executive and Administrative Depart- ments 199 XXIII. Political Parties and Elections .... 207 XXIV. Taxation 220 XXV. Judicial Trials 229 XXVI. Public School Systems . 237 APPENDIX. A. Constitution of the United States B. The Articles of Confederation . 243 260 INDEX . 269 PART I. LOCAL GOVERNMENTS. CHAPTER I. THE WORK OF LOCAL GOVERNMENT. The Preservation of Order. — The first and most impor- tant function of any government is the preservation of order. We think of this function most frequently as exer- cised in the arrest of offenders who violate the law. In fact, most young persons receive their earliest ideas of government by seeing that embodiment of governmental authority, the policeman, or constable. But he is not the only officer who is concerned in the preservation of order. The police officer who makes an arrest cannot punish his prisoner, but must merely hold him until it is decided that he deserves punishment. This is the work of a court, with its justice, or judge, and the jury. If the prisoner is declared guilty, then the police officer executes the orders of the court by collecting a fine or by imprisoning him. We have here illustrated two divisions of governmental authority : (i) the judicial, which decides whether the law applies in particular cases ; and (2) the executive \ which carries out the requirements of the law and the orders of the court. 2 LOCAL GOVERNMENTS. Law-making. — The executive and the judicial officers are both subject to higher authority : the one applies and the other executes the law. The framing of the law con- stitutes the third function of government. This is the work of legislation, carried on by such bodies as the town board, the village board, and the city council. But these law- making bodies do not possess independent authority ; they are bound more or less strictly by the opinions of those who elected them to office ; i.e. the body of voters. The Three Divisions of Government. — We say, then, that in our country government is based finally upon the zuill of the people. For the expression of their will they choose numerous officers, who may be grouped under three heads, corresponding to the general divisions of govern- ment : legislative, executive, and judicial. Just as it would be impossible for all the voters to take part in applying or interpreting the law, so it is in most cases impossible for them to assemble in a body and make the laws. They generally dele- gate this work to legislators ; but in some States the voters of a town (or township) assemble yearly in town meeting, where all may take part in discussion and in voting. Roads and Streets. — The preservation of order is but one of the functions of government. In towns where the population is scattered, roads must be built, and it is still more necessary that in villages and cities, where many people live within a small area, streets should be graded and paved and sidewalks maintained. This is an illustra- tion of the way in which, through the machinery of govern- ment, people provide themselves with many conveniences that it would be impossible for each citizen to provide for THE WORK OF LOCAL GOVERNMENT. 3 himself. The legislative bodies already mentioned deter- mine the extent to which these things shall be done : the town board orders the laying out of a new road ; the vil- lage board or the city council passes ordinances saying what streets shall be paved and what materials shall be used in the work. Executive Officers, General and Special. — The actual execution of the work involved in public improvements is generally in charge of a special officer, such as the road or street commissioner. But since there are many other matters of public concern that require attention, each under the control of an executive officer, it is necessary that a general officer should be in authority over all of these as the chief executive of the local government. This officer is known by various titles, as, in the town the chairman , in the village the president, and in the city the mayor. In any case, he has all or most of the important executive work of government under his control. It is his duty to see that the laws are obeyed, so the police officers are subject to his orders. The chief executive is guardian of the people's interests ; for he must see that the minor officers do not injure the public welfare by neglect of duty, and he must defend the public from all persons who would encroach upon its rights. Let us now consider some of the other ordinary func- tions of local government. The Poor. — Poor relief may be mentioned first. How much aid shall be granted to paupers, and how shall it be distributed, are questions that everywhere require attention. 4 LOCAL GOVERNMENTS. Public Health. — Public health is also an important sub- ject upon which local laws must be enacted. In cities, particularly, the council passes strict regulations for pre- venting the occurrence of diseases and for checking the spread of such as are contagious. City ordinances are also enacted regulating the construction of sewers and drains. The health commissioner and the city physicians are the particular officers who direct the execution of laws upon these subjects. Education. — Public education is among the most impor- tant of the local government's functions. The free schools which exist everywhere in our country are supported and controlled chiefly by the towns, villages, and cities. In many States, however, there are other divisions, called school dis- tricts, which have boards and officers for this purpose. Other Necessary Functions. — Protection from fire is so important in communities where population is dense that special officers and apparatus must be provided. So, too, streets must be lighted, and a pure water-supply provided. Parks, Museums, and Libraries. — Besides the functions of government that are readily seen to be necessary, there are others which may not at first appear to be so. We have cities providing parks, with beautiful lawns and flower-gardens ; museums, where articles of historical and scientific interest are kept; aquariums and zoological gardens ; libraries, with books, magazines, and papers for the free use of all citizens. If one looks closely, he will see a reason in each case why the government undertakes these various enterprises. THE WORK OF LOCAL GOVERNMENT. 5 Why Taxes are Levied. — We have now to consider a power of government, without which none of the others so far enumerated could be exercised. This is the taxing power. In every instance money must be used by local governments in exercising their functions. Officers, who are agents of the people, depend largely upon taxes for their salaries. Taxes are levied by the legislative bodies that we have found in towns, villages, and cities. Other officers, assessors and treasurers, determine the amount to be paid by each citizen and collect the taxes. The treas- urer also has custody of public money, and pays it out when ordered to do so by the proper authorities. All of the operations of government are matters of record. While each officer is expected to keep strict ac- count of the operations of his own department, the general records of towns, villages, and cities are kept by the clerks. This general view of local governments may now be summarized in two forms : — I. The Functions of Local Government. 1 . Protection : — The preservation of order. Protection against fire. Protection of public health. 2. Providing Necessities and Conveniences : — Roads — Streets — Sidewalks. Water — Lights — Sewers. Poor relief — Education. Parks — Libraries — Museums. LOCAL GOVERNMENTS. II. Officers of Local Government. 1 TOWN. VILLAGE. CITY. Board Chairman Clerk Treasurer Assessors Constables Road Commis- sioner Justices Board President Clerk Treasurer Assessors Constables Street Commis- sioner Justices Council Mayor Clerk Treasurer Assessors Police Street Commis- sioner Justices SUPPLEMENTARY QUESTIONS. Make a study of your local (town, village, or city) government, i. Group the officers as legislative, executive, and judicial, respec- tively. 2. How many different methods are used in paying these officers ? 3. Do all the voters ever assemble to make laws ? If not, how is the will of the majority expressed ? 4. What are some of the local regulations regarding the poor? 2 pub- lic health ? protection from fire ? 5. Who pays for the education that young people receive in the public schools ? 6. How much has your local government done toward furnishing things that are not merely conveniences ? How do you justify expenditures for these purposes ? 7. Does the management of local government excite as much inter- est among the citizens as it should? 8. In what ways are students directly interested in having efficient local governments? 1 The list here given is not complete, and the official titles are not the same in all States. 2 For a general account under this topic, see James and Sanford, " Govern- ment in State and Nation," Chapter VIII. Health regulations are discussed in the same work, pp. 98 and 99. CHAPTER II. COUNTY GOVERNMENT. Why there are Counties. — If the local organizations discussed in the preceding chapter could attend to all the interests that citizens have in common, then government would be a much simpler matter than it is. But just as almost every citizen has business and social relations out- side of the immediate vicinity in which he lives, so differ- ent communities must have political relations with each other if they are to live in harmony. For this and other reasons, which we shall learn presently, county govern- ments are instituted. Their organization and functions correspond quite closely to those of the towns, villages, and smaller cities. Important County Officers. — The local governments can- not undertake alone the preservation of order or the protec- tion of citizens against criminals. We have, consequently, an important officer, the sheriff, who with his deputies has power to make arrests. There is also the judicial side of county governments, seen in the court, with its judge. In this court another county officer, called the district or State s attorney, prosecutes persons who are accused of crime ; i.e. he finds and presents in the trial evidence of the prisoner's guilt. 7 8 LOCAL GOVERNMENTS. Functions of County Government. — Public highways are also matters of more than local concern. When an expen- sive bridge is to be built, or an important road in which several communities are interested is to be constructed, the county government can best raise the money and manage the work. So, too, in caring for the poor, the county may aid the local governments, or it may assume entire charge of the paupers, and maintain a poorhouse. The County Board. — It is evident that there must be a legislative body which shall determine the policy of the county in these matters. This is the county board, or as it is called in some States, the county court. In most States this body is composed of commissioners. These are elected by either of two methods: (i) at large, when every voter may vote for the entire number of commissioners ; (2) they may be elected from districts into which the county has been divided. In some States the members of the county board are called supervisors, and they represent the towns, villages, and wards of cities. Under this system the county board is generally larger than under the commissioner sys- tem. There is another difference between the two systems : in the States that have county commissioners, the county government has more extensive functions than in the other States. That is, county government has almost entire con- trol of such matters as roads and poor relief, leaving the local governments with little authority in these directions. On the other hand, where the supervisor system exists, the towns and villages have chief authority in legislating upon these matters, and the county assists or takes only such part as it finds necessary for the general good. COUNTY GOVERNMENT. 9 Power of the Board. — The county board holds annual meetings and legislates for the county as a whole. It has charge of the county property, including the court-house, jail, and poorhouse. Since it must provide for the ex- pense of maintaining these buildings, for the salaries of county officers, and for other expenses connected with roads, poor, and other county business, the board must also have the power of levying taxes. Superintendent of Schools. — Education is another func- tion of government which is not managed solely by the local units. There is a county officer, called the superin- tendent of schools, who has supervisory powers, and he usually examines teachers and certifies to their qualifica- tions. Register of Deeds. — The register of deeds, or recorder, is a county officer who keeps records of certain kinds. Among other things, copies of deeds are registered or kept in his office. A person wishing to buy real estate {i.e. houses or lands) may, by consulting the records in this office, learn whether the owner has a clear title to the property. Coroner. — The coroner has the duty of holding inquests when persons meet death by violence or in some unex- plained way. He may also perform the duties of the sheriff when the latter is incapacitated. Surveyor. — The county surveyor makes surveys at the request of public authorities, as well as for individuals. He keeps the official records of the boundaries of farms and lots. 10 LOCAL GOVERNMENTS. Clerk and Treasurer. — Of course the county must have its clerk and treasurer, the customary officers whose duties are, respectively, to keep the records and to handle county moneys. We may now pass in review the principal features of county government : — I. Legislative. i. County Boards : — Commissioner type Supervisor type 2. Functions: — County buildings Roads and bridges Poor — Education Taxation II. Executive and Administrative Officers. Sheriff and Deputies Attorney Clerk Superintendent of Treasurer Schools Register of Deeds, Coroner or Recorder Surveyor (In some States, Assessors and Collectors of Taxes, and Auditors.) III. Judiciary. County Court District Court Relations of Local Officers to State Law. — There are other reasons than those already given why States are ^divided into counties. One is because, in the performance COUNTY GOVERNMENT. II of their duties, the county officers act as agents for the State ; that is, they carry out the requirements of State law in their own localities. For example, criminals are brought to trial and punished under State law, but it is administered by local or county officials. So the surveyor, superintendent of schools, register of deeds, and other officers act under State laws. While it seems best to have one general law for the State upon important sub- jects, it is also the policy of our government to intrust the execution of the law, in most cases, to local rather than to State officials. These officers, being elected by the people of the various localities, feel their responsibility more keenly than if they obtained office by appointment from State authorities. The counties, then, are administrative districts of the State, made for convenience in the manage- ment of those governmental matters which are uniform throughout the State. In the control of those matters which affect but one locality, the county authorities are free to follow their own policy, within the limits of State law. What has been said concerning the relation of the county to the State government is true to a considerable extent concerning the town, village, and city governments. Here, too, elections are held, taxes are collected, and trials are conducted by local officers in accordance with State law. Indeed, it is true that these local divisions owe their ex- istence to State law. Towns are laid out, villages and cities are incorporated, in accordance with the provisions of laws enacted by State legislatures. The State is the source of all the authority exercised by the officers and governing bodies of these local governments. 12 LOCAL GOVERNMENTS. SUPPLEMENTARY QUESTIONS. Make a study of your county government. i. Outline the officers in groups, as on p. 6. 2. Learn the important duties of each officer. 3. Are officers paid by fees or by salaries ? Which is the better method ? 4. What is the length of the term for which each county officer holds his position ? 5. How many members constitute the county board ? Are they commissioners or supervisors ? When do the meetings of the board occur ? 6. Obtain a copy of the county board's report and ascertain what im- portant business has been transacted. 7. What buildings has the county at the county seat ? Does it own property elsewhere ? 8. What process is followed in laying out a new town ? in the incor- poration of a village ? REFERENCES. 1. An account of local government in Illinois, Iowa, Michigan, and Pennsylvania is found in Bryce, The American Commonwealth, Vol. I, 572-581 (601-610). 1 2. The functions of local government are discussed in Holt, Talks on Civics, Chapter I ; Ashley, The American Federal State, 397- 400; Bryce, The American Commonwealth, Vol. I, 586-589 (616- 619). 1 References to Bryce are given in duplicate; pages enclosed in parentheses refer to the third edition, 1896. CHAPTER III. THE ORIGIN OF LOCAL GOVERNMENTS. The Source of our Local Governments. — The systems of local government which have been described did not spring up spontaneously, nor were they established arbitrarily. There are reasons to be found in the history of their origins which explain many of their details. We shall now see how local government grew in the colonies, for here we have the beginnings of the systems that are in operation to-day. Everywhere in the colonies the English settlers adapted to their new environment the ancient customs of the mother-country. Differences in physical geography, and in the character and motives of the colonists, caused differ- ences in the resulting local governments. This fact is best illustrated by an account of what took place in New Eng- land and in Virginia. The Method of Settlement in New England. — These col- onies were settled by emigrants who came, in the main, from the same classes of Englishmen. The New Englanders, however, were Puritans. The church and its services were a very important part of their daily lives. The require- ment of church attendance was one reason for grouping their homes near the meeting-house. Moreover, the region 13 14 LOCAL GOVERNMENTS. in which they settled had a stony soil, difficult to cultivate. Their farms required careful cultivation, and therefore could not be very large. The New Englander was content to live near the coast. Access to the interior was not easy, for the rivers, with few exceptions, were short and rapid. The sea fisheries tempted the settlers to remain near the coast, and fishing, with ship-building and com- merce, became their important industries. Town Meeting and Officers. — For these reasons New England was a region of small farms and towns, and the local government which grew up was adapted to these conditions. The voters of each town (or township) met annually, or oftener, in " town meeting." Here their com- mon local affairs were discussed and regulated. The church, the schools, roads, the poor, and many other matters were under the complete control of this meeting, and of the officers elected by the assembled voters. These officers were the selectmen, — a board having general super- vision of the town affairs, — the clerk, treasurer, assessors, fence viewers, constables, and numerous others. The County in New England. — Because the people lived in towns and could most easily regulate their affairs through the machinery of town government, they had no counties whatever at first ; but these were soon established, though merely for judicial purposes. The governor appointed justices who held court in each county. The distinctive features of New England local govern- ment, then, were (i) its democratic character, seen par- ticularly in the town meeting ; and (2) the fact that nearly THE ORIGIN OF LOCAL GOVERNMENTS. 15 all local affairs were managed by the town government, leaving but one important function, and that judicial in its nature, for the county. The Settlement of Virginia. — In the colony of Virginia we find conditions that bring about entirely different results in the organization and workings of local government. Here the settlers were not bound by religious or other ties into compact social bodies as the Puritans were. Na- ture in Virginia held forth many inducements for the set- tlers to live apart, so that nearly all their attempts to form cities and towns failed. The cultivation of tobacco, of course, explains this to a large extent. The fertile soil and the ease of raising this product led to the formation of large plantations. The broad rivers made progress into the interior remarkably easy, while the necessity for towns as shipping ports was almost completely obviated by the use of private wharves at the various plantations. The rich planters dominated the social and political life of the colony, and local government fell under their control. The Importance of the County. — Now, of the various local organizations to which the Virginians had been accus- tomed in England, the one best adapted to their condition in the colony was the county. So they copied the English county and made it their chief organ of local government. The principal governing body was the county court, com- posed of justices appointed at first by the governor of the colony. The court had both legislative and judicial func- tions. It managed such matters as roads, licenses, and taxa- tion ; it also tried civil and criminal cases. Other county l6 LOCAL GOVERNMENTS. officers were the sheriff and the lieutenant, the latter being commander of the militia. The Parish and the Vestry. — That part of the Virginia local government which corresponded to the New England town was the. parish; but it is apparent that few functions remained to be exercised in this, their smallest political organization. The counties were generally composed of several parishes. The governing body of each was the vestry ; it had charge of church affairs and of poor relief. The members of the vestry and also the justices of the county court were not elected periodically by the people, as the town officers were in New England. On the con- trary, both the vestry and the county court filled vacancies in their own number, without popular election. This fact serves to illustrate the general truth that local government was democratic in New England and aristo- cratic in Virginia ; in the former colony the mass of voters participated most actively in local government, while in the latter a few men constituted the ruling class. This does not mean that local affairs in Virginia were badly managed, for the leading men were on the whole intelligent and pub- lic spirited ; and in the years of the Revolution they were among the foremost in the defence of American liberties. In New England, however, it was noticeable that the mass of voters were intelligent and understood the practical management of political affairs — a result which doubtless came largely from their training in the town meeting. The Three Types of Local Organization. — We have now seen that in New England the town had the most impor- THE ORIGIN OF LOCAL GOVERNMENTS. 17 tant functions of local government, and this is called, therefore, the town type ; while in Virginia the county- absorbed the greater share of governing powers, and there we find the county type. Virginia influenced the colonies that lay south of her, so that the county type prevailed also in the Carolinas and Georgia. In the middle colo- nies there existed both counties and towns, and here there was a much more equal division of powers between these organizations. Hence we call theirs the mixed or town- ship-county type of local government. Local Government in the West. — The people who mi- grated to the new States west of the Alleghanies carried with them the forms of local government which have just been described as growing up in the colonies. This state- ment needs some modification, for nowhere in the West was the pure town type adopted. Everywhere in the North we find the mixed type, while the Southern States have, in general, the county type. In the latter the county commissioners, elected at large or from precincts, together with other county officers, exercise most of the local powers of government. Two Forms in the North. — In the greater number of the States that have the mixed type, the county is gov- erned by a board of commissioners elected by either of the methods just mentioned as prevailing in the South. In a few States (such as Michigan, Illinois, and Wiscon- sin), the county board is composed of supervisors, who represent the towns, villages, and wards of the county. Here we find the town meeting, copied after that of New c 1 8 LOCAL GOVERNMENTS. England or New York, and the town government has more functions than in those States where commissioners compose the town board. Local Self-government. — Such is the way in which local government has come about in the various States of the Union. Rooted in the systems that Englishmen have developed through the centuries, adapted to the new life and the peculiar conditions of the colonial period, it has spread with the population throughout the land. The different practices of the States testify to the way in which habits persist in government, as in other phases of life. The management of local affairs by the people and their chosen representatives is a sound principle of government which holds a firm place in every part of our country. SUPPLEMENTARY QUESTIONS AND REFERENCES. i. Which type of local government exists in your State ? Can you account for its origin ? 2. Is the system of local government uniform throughout your State ? If so, why is this true ? If not, can you account for the lack of uniformity ? 3. The following references are useful in studying the history of local government: Thwaites, The Colonies, 55-58; Fisher, The Colo- nial Era, 60, gg, 167; Channing, The United States of America, 37-38; Hart, Formation of the Union, 11-13; Bryce, The American Commonwealth, Vol. I, 561-565 (58g~5g3); Bancroft, History of the United States, Vol. I, 285-286, 44g; Ashley, The American Federal State, 3go~3g6. 4. Which is the best type of local government ? Is it becoming more common? Bryce, Vol. I, 5gi-5g2 (621). CHAPTER IV. THE GOVERNMENT OF CITIES. The General Plan of City Government. — The general framework of city government is not very different from that of the other governmental divisions. There are the legislative, executive, and judicial departments, whose organization and functions are stated in the charter, or fundamental law of the city. The city legislature is the council or board of aldermen. In most cases this body is a single house, though in some cities there are two houses. The members are elected from the wards into which the city is divided. The council may pass ordinances for the government of the city, but it is limited in the extent of its powers by the terms of the city charter. City Charters granted by Legislatures. — The source of the charter is the State legislature. In most States the constitution provides that the legislature shall pass general laws prescribing the framework of all cities, or of the classes into which the cities of a State may be divided, according to their population. These laws also contain regulations that are safeguards against the abuses of municipal government, such as excessive taxation and the accumulation of debts. The requirement of general laws secures uniformity in the essential features of city 19 20 LOCAL GOVERNMENTS. government, and it prevents the practice, which is other- wise liable to prevail, of constant interference by State legislatures, in the affairs of certain cities. Such special laws should be enacted with great caution, if at all, for when a legislature regulates the affairs of a particular city, it too often does so at the request of persons or corpora- tions having advantages to gain at the expense of the public. 1 The Mayor. — The chief executive of the city is the mayor. He is the head of the police department and has more or less authority over the other administrative depart- ments to be discussed later in this chapter. In the cases of both mayor and aldermen, the facts concerning their terms, salaries, and other details vary so greatly in differ- ent cities that no general description is possible. The city judiciary includes the ordinary State courts and also special or municipal courts of various degrees. Other City Officials. — Besides the officers enumerated, every city has its clerk, treasurer, attorney, and assessors. The auditor, or comptroller, is an important official who controls city finances. Administrative Departments. — The greatest difficulties of city government arise in connection with the numerous administrative departments ; these are quite complex in their operation. In large cities the number of officials and the variety of their duties render it almost impossible 1 In some States where the constitutions require general laws applying to classes of cities, single cities have been put in classes by themselves ; so the legislature has virtually governed them by special laws. This practice has been declared illegal in Ohio. THE GOVERNMENT OF CITIES. 21 for the average citizen to inform himself concerning these affairs ; consequently, opportunities for fraud and misman- agement occur frequently. Why, it may be asked, is such complex machinery neces- sary in municipal government ? It is because social and industrial conditions (that is, the circumstances under which men live and work) are quite different from those that pre- vail in towns and villages ; and city government must be adapted to these conditions. Conditions peculiar to City Life. — Let us notice some of the ways in which this is true, (i) The mere fact that population is dense increases the possibility that a citizen may interfere with the rights of his neighbors, even in the conduct of legitimate business. (2) There is greater lia- bility that public health and safety may be endangered, both in the homes and in the industrial establishments of cities, than in less densely settled communities. (3) The opportunities for evil-doing and for concealment that exist in cities draw to them a larger proportion of the vicious classes who need control and suppression. (4) Finally, in cities it is less easy than in the country for each family to supply itself with certain conveniences, such as water, light, and transportation ; consequently, the government must regulate to some extent the supply of these neces- sities. These are some of the conditions that are peculiar to city life ; and we find here the reasons why the govern- ment in a city must undertake a large number of functions. At every point the safety of the citizen and his property must be guarded ; and in a great many ways the conven- 22 LOCAL GOVERNMENTS. iences of life must be supplied by the city or under the control of city officials. Thus we account for the fact that city government is complex — the principal source of the difficulties and the evils that we find in connection with administrative departments. Fire and Police Departments. — The number and the organization of administrative departments vary consider- ably in different cities. Everywhere we find the police, fire, and health departments. Of these, the fire depart- ment is generally the most efficient, for the citizens will not tolerate laxness in the protection of their property. Not so much can be said of the administration of the police and the health departments in most cities. When the se- lection of police officers is on a purely political basis, the standards are low and the way is opened for police con- nivance with the violators of the law. Instances are not uncommon where policemen receive, regularly, money pay- ments from law-breakers for protection. Here public in- terests are betrayed by officers who are sworn to defend them. The detection of this form of corruption is diffi- cult ; nevertheless, its continuance in a flagrant form is evidence of public apathy. In a few cities, civil service reform methods are used in the selection of policemen ; the passing of an examination and of a physical test is necessary for appointment. This, with a fair system of promotions, should render a police force more like a mili- tary organization in its relation to the enforcement of law. The Health Department. — The department of public health has duties that are of vital importance. Sewerage systems, sanitation, and the water-supply are the chief THE GOVERNMENT OF CITIES. 23 objects of its inspection. Health officers also have powers which enable them to detect and prohibit the sale of im- pure foods. The milk-supply should receive its particular attention, for the purity of this product is an important matter. The enforcement of strict health regulations in the crowded tenement districts of large cities is very difficult ; but the neglect of these matters by city officials is nothing less than criminal. The Department of Streets. — This department, which has in charge the construction of streets and pavements, affects the convenience of every citizen. Here vast sums of money are expended, sometimes wisely, and sometimes under the supervision of officials who are deficient in the technical knowledge required by this kind of work. Opportunity for dishonest handling of public money may be found in the letting of contracts and in the purchase of supplies. Street cleaning has received comparatively little attention in American cities. In this respect we are far behind many European cities. This is because the relation of clean streets to public health, and to civic beauty, is not fully appreciated by the average citizen of our country. Public Charities. — The administration of public chari- ties is everywhere a difficult matter, and, naturally, its difficulty is greatest in large cities, where we find the greatest number of those who seek relief. Two problems confront the department of public charities: (1) How can it distinguish between those who actually need assistance and those who do not ? (2) How can it help those who need assistance temporarily, without weakening their de- 24 LOCAL GOVERNMENTS. sire to become self-supporting ? The same problems must be solved by the citizen in connection with his private charities. In general, it may be said that charity is most judiciously dispensed by private organizations, in charge of trained workers, who can investigate all cases of appli- cation for aid. The Public Schools. — Public education is another de- partment of municipal activity. 1 The expenditure of public money for this purpose is not stinted. The scope of our educational institutions is constantly being enlarged; courses in commerce, manual training, and domestic science are intended to strengthen the practical side of the curriculum. In some cities special schools are main- tained for the defective classes and for truants. Libraries, Parks, and Playgrounds. — The educational advantages furnished by the city are not for the children alone. Public libraries and museums serve adults as well. Recreation is provided by means of parks, public play- grounds, and open-air gymnasiums. These will become more common when their educational influence is more fully appreciated. Committees or Boards. — The important questions that arise in connection with administrative departments are, how shall they be organized ? and how shall the officers who control them be appointed ? Two general methods prevail : (i) In the smaller cities the members of the council are grouped into committees, which have charge of the various administrative departments. In large cities there are boards 1 This subject is also treated in the chapter on Public School Systems. THE GOVERNMENT OF CITIES. 25 or commissioners, distinct from the council, and these may- be composed of salaried officers. In either case the board may employ a superintendent to take charge of the work under its jurisdiction. The principal criticism which can be offered against this method of managing administrative departments is that responsibility cannot be definitely lo- cated. No single member of a board or commission will assume responsibility for mismanagement; and when re- sponsibility is divided among several persons, none of them feels it very strongly. (2) Single Heads of Departments. — As a remedy for this defect, administrative departments in some cities are placed under the control of single officers. These are given au- thority to appoint their subordinates, and they are held strictly accountable for the management of the depart- ment. Responsibility is further concentrated in some cities by giving the mayor power to appoint these heads of departments. Qualifications of City Officers. — Grave questions are in- volved in these matters of organization, but the efficiency of city government depends in the greatest measure upon the character of the officers who are placed in power. We need to recognize the importance, in city affairs as in pri- vate business, of securing officials who are qualified by training and by successful experience to serve the public. Economy and honesty in municipal government cannot be expected when politics alone determines appointments to office. The establishment of civil service examination sys- tems in certain cities x is a step in the right direction. 1 Some of these are New York, Chicago, and Milwaukee. 26 LOCAL GOVERNMENTS. Public Utilities. — Besides the administrative depart- ments already enumerated, we have in large cities those which control the supply of water, light, and transportation facilities. The industries furnishing these necessities may belong to the city, but in most cases they are owned by individuals and corporations. 1 Even then they should be subject to strict regulation by the city, for several reasons : (i) These industries make use of public streets. The right to do this is granted by the council in a franchise. (2) The product that is supplied being in each case a necessity, it is the duty of the city government to protect the citizens from any abuse or inconvenience that may arise in con- nection with it. (3) In nearly every case the industries in question are monopolies ; i.e. competition between rival plants is not possible. For this reason the public may suffer either from high rates or from imperfect service. The Granting of Franchises. — The control of public ser- vice corporations, as those are called which supply water, light, and transportation, may be secured in several ways : (1) Franchises should be granted for terms not longer than twenty years. The profits of these industries increase very rapidly with the growth of population ; consequently, it should be possible to compel the reduction of rates and the enforcement of other conditions favorable to the pub- lic, at the end of a short term of years. (2) Adequate means should be provided for enforcing the terms of franchises. Neglect of this makes possible serious abuses. (3) The accounts of the corporations that have franchises 1 On this topic, see "Government in State and Nation," pp. 36-39. THE GOVERNMENT OF CITIES. 27 should be made public, so that the people may know whether the profits are excessive. The Question of Municipal Ownership. — The opinion is gaining ground that no amount of municipal control will eliminate the evils of private ownership in these industries. Since they are " natural monopolies," it is argued they should be operated by the city government. This opinion is seen to have great weight when we consider the cor- ruption and the lack of attention to the public welfare that accompany the granting of franchises to corporations. The bribery of aldermen and the granting of valuable privileges without compensation are frequent occurrences. On the other hand, the facts that venal officers are elected in our cities, and that they ignore public interests with impunity, raise a very serious question whether they should be in- trusted with the management of great industries, such as water and lighting plants and street-car systems. Reasons for Poor City Government. — Other arguments may be made on both sides of this question of municipal ownership ; but there are fundamental reasons why the cities of the United States are, on the whole, poorly governed, which must receive consideration before this question can be settled. The conditions accounting for the evils of municipal government may be briefly stated as follows : (1) City governments are necessarily complex, and, in their administrative departments especially, a multitude of de- tails must receive attention. Citizens find it difficult to understand these transactions and even more difficult to follow them closely. (2) City governments must spend 28 LOCAL GOVERNMENTS. vast sums of money, 1 and this fact constitutes a standing temptation to dishonest men, both in and out of office. (3) The rapidity with which cities have grown has in- creased the difficulty of their problems. 2 (4) Individuals and corporations have found it necessary to secure fran- chises from cities for the operation of important industries ; this has opened many opportunities for corruption in city affairs. (5) The presence of large numbers of foreigners 3 who are ignorant of governmental affairs has enabled cor- rupt politicians to exert undue influence upon the voters in city elections. The Reform of Municipal Governments. — Having re- viewed the principal causes for the evils of municipal gov- ernment, let us now consider some of the conditions that are necessary for bringing about reforms. (1) National politics should be entirely divorced from city affairs. It may be impossible to prevent the nomina- tion of candidates by the regular political parties ; but within each party local issues, not national, should deter- mine the selection of candidates. At the polls, the voter should cast his ballot independent of party considerations. (2) Public interest in municipal affairs and the existence of a strong civic pride are conditions that are essential to the election of good officers and to the purity of city gov- ernment. (3) Fundamental to the establishment of better munici- 1 Statistics of expenditures of New York, London, Paris, and Philadelphia are given in " Government in State and Nation," p. 33. 2 Yet European cities have grown with almost equal rapidity and are, on the whole, well governed. See ibid., p. 43. 3 See statistics of foreign population in American cities, ibid., p. 40. THE GOVERNMENT OF CITIES. 29 pal governments is the recognition by every citizen of his responsibility, not only on election day, but on every occa- sion when his influence can be exerted for the detection of wrong, the punishment of corrupt officials, and the encouragement of better things in all departments of city life. This means unselfishness in one's attitude toward the public welfare ; it means willingness to sacrifice time and effort in the public service. The example set by many eminent persons who have devoted themselves unselfishly to the accomplishment of reforms in our great cities may well be imitated by every citizen in the smaller affairs of his city or his ward. And the younger generation of citizens, who are yet students in the public schools, may exert no little influence toward the betterment of the city ; and they may aid in the formation of that better public sentiment without which no improvement in our standards of municipal government is possible. SUPPLEMENTARY QUESTIONS. Outline for the study of your city government. 1. Was the city organized under a general law of the State, or was it granted a special charter? Does the legislature enact special laws for the city ? 2. The mayor : term, salary. What are his principal powers? Should his responsibility be increased ? 3. The council or board of aldermen : number of members, term of office, manner of election, compensation ? 4. The municipal courts and judges. 5. Administrative departments : make a complete list of these. Are they controlled by boards or by single officers? How do the officers obtain their positions ? Are they paid salaries ? Of what business does each have charge ? 6. How are the water, lighting, and street-car plants managed ? Do 3