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 Th« Amertcah ACAJDiaarsf op Powticai:* and Sociai, SciEiica, 
 
 No. 141. 
 
 lesaed Fortsigflitlv. 
 
 Febraary 26^ 1895. 
 
 Elected or Appointed Officials ? 
 
 BV 
 
 J G. BOURINOT, CM. a, LLD., DX.L, Lit D. 
 
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ELECTED OR APPOINTED OFFICIALS? 
 
 A CANADIAN QUESTION. 
 
 I. 
 
 The subject to which I am about to direct the attention of 
 the members o^ the Academy is not simply a question in 
 which the Canadian people alone have a deep intercut. On 
 the contrar>^ I think I shall be able to show, before I have 
 concluded my argument, that it necessarily brings up con- 
 siderations affecting the political system of the United States, 
 and is consequently of much importance to all who are in- 
 terested in the problems of government, federal, state and 
 municipal, on this continent, and are endeavoring, with 
 patriotic zeal, to reach a solution that will remove many 
 difficulties and evils that are now deeply injurious to the 
 working of democratic institutions. 
 
 Some months ago the government of the Province of On- 
 tario, which comprises nearly one-half of the total population 
 of the Dominion, and is in ever^^ way the most wealthy and 
 influential section of the federation, appointed an important 
 commission, composed of one of the ablest judges of the 
 Canadian bench, Mr. Chancellor Eoyd, of the Honorable 
 
 [653] 
 
2 Annals of the American Academy. 
 
 John Beverly Robinson, late lieutenant-governor, and of three 
 other gentlemen of less national repute, but chosen from their 
 knowledge of county and municipal affairs. The object of 
 this commission is to consider the best mode of appoint- 
 ing and paying a certain class of provincial officials. Its 
 significance lies in the fact that it indicates the existence 
 of a disturbing element in the province, having in contempla- 
 tion a change in the present mode of nominating and 
 appointing public officers by the crown or lieutenant-gov- 
 ernor on the advice of his constitutional council; that is to 
 say, by the cabinet or ministry, w^ho are responsible at once 
 to the crown and to the legislative assembly in which they 
 have seats, and by w^hose support only they can retain office. 
 An agitation has been commenced which has, happily, not 
 extended beyond a ver>^ limited area of influence in this one 
 province, to make certain appointments elective, as in the 
 United States, or else give them to the municipal councils of 
 the counties. This agitation has obtained a slight headway 
 by the fact that it is fostered by a few politicians who have 
 either not given the subject the least reflection, or felt they 
 can gain an evanescent political advantage by concurring in 
 the opinions that appear to be entertained in some rural con- 
 stituencies where sound principles of political science are not 
 well understood, or w^here the hope of obtaining control of a 
 few important public offices has outv^reiglied those consider- 
 ations of sound public policy and public interest which lie at 
 the foundation of the present S3^stem of appointments. Al- 
 though, as I have already said, the movement is not sup- 
 ported by any large section of people — indeed, the inquiry 
 before the commissioners fully proves that fact — still the 
 existence of the commission gives a positive gravity to the 
 subject w^hich otherwise, possibly, it w^ould not have, and 
 renders it necessary that all those who value the welfare of 
 the communit3^ — for its w^elfare is obviously involved in its 
 conditions of government — should seriously consider the 
 matter in all its bearings with the view of informing the 
 
 [654] 
 
Elected or Appointed Officials? 3 
 
 public mind in case it has doubts, and of leading it from any 
 fallacious conclusions to which a few thoughtless persons 
 have been attempting from time to time of late to lead public 
 opinion in a province whose action on political or other ques- 
 tions naturally attracts much attention throughout the Do- 
 minion. 
 
 II. 
 
 In order that all the issues involved in the inquir>' before 
 the commission may be thoroughly understood it is necessary 
 that I should at the outset make some explanations with re- 
 spect to the present system of appointing and paying officials, 
 and in doing so I may state that the one which obtains in 
 Ontario, is that of all the other provinces of Canada — in 
 fact, the system which has come from England in accordance 
 with the principles of parliamentar\^ or responsible govern- 
 ment, and prevails from one end of the Dominion to the other, 
 including the Northwest territories. At the present time 
 there are in the Province of Ontario the following function- 
 aries and officials, legislative, executive, administrative and 
 judicial, who legislate, expound the law, and administer the 
 affairs of the province generally, in accordance with the 
 British North America Act of 1867, which is the funda- 
 mental law which regulates the jurisdiction of each province 
 within its territorial and legal limits: 
 
 I. The Exeaitive Departmeiit : A lieutenant-governor, 
 appointed practically for five years, and removable for 
 cause by the governor-general in council — that is, by the 
 government of the Dominion. 
 
 An executive or advisor\^ council, composed of the follow- 
 ing ministers, called to office by the lieutenant-governor, 
 having seats in an assembly, elected by the people, and 
 holding office only as long as they retain the confidence of 
 the majority of that house: an attorney- general, generally 
 the prime minister, as at present; a commissioner of crown 
 lands, a commissioner of public works, a provincial secre- 
 tary, a provincial treasurer, a minister of education, a 
 
 [655] 
 
4 ANNAI.S OF THE AMERICAN ACADEMY. 
 
 minister of agriculture, and sometimes, as now, one or more 
 executive councilors without a departmental office. 
 
 Under these several executive and administrative political 
 heads there is a large permanent body of public officials, 
 consisting of deputy ministers, secretaries and clerks, who 
 perform all the duties that devolve on the several depart- 
 ments in accordance with law and custom. The officers and 
 clerks come under statutes regulating appointments and 
 promotions. Every candidate for a clerkship at the seat of 
 government enters, after an examination as to qualifications 
 and character, on a probation of six months. No appoint- 
 ment or promotion can be made except under the authority 
 of the lieutenant-governor in council, upon the application 
 and report of the head of the department in which it is to 
 be made. 
 
 2. The Legislative Department : The lieutenant-governor, 
 who is not only the executive, but the first branch of the 
 legislature*; a legislative assembly, consisting of ninety- 
 four members elected by universal suffrage (only limited 
 by a short residence and actual citizenship), for a term of 
 four years, unless sooner dissolved by the lieutenant-gover- 
 nor acting in his executive capacity. Attached to the legis- 
 lative assembly are a speaker, elected by the house; a clerk, 
 a sergeant-at-arms, appointed by the lieutenant-governor in 
 council, and a number of clerks, messengers and pages 
 appointed by the speaker and government. 
 
 3. The Judicial Department : A supreme court of judica- 
 ture, consisting of a court of appeal, composed of a chief 
 justice and three justices; a high court of justice in three 
 divisions, as follows: queen's bench, with a chief justice and 
 two justices; chancery, with a chancellor and three justices; 
 common pleas, with a chief justice and two justices. 
 
 All the foregoing justices are appointed and paid by the 
 
 • At the present time, of the seven provinces of the federation only two have an 
 upper chamber, or legislative council — Quebec and Nova Scotia. Ontario has bad 
 none since 1867, when the union was inaugurated. The legislature of the terri- 
 tories also has only an elective assembly. 
 
 [656] 
 
Bisected or Appointed Officiai^? 5 
 
 Dominion government, and can be removed only for suffi- 
 cient cause by an address to the governor-general from the 
 two houses of the Dominion parliament. In connection 
 with this supreme court of judicature there are five regis- 
 trars, ten clerks, seven criers and minor servants, all ap- 
 pointed by the lieutenant-governor in council. Their 
 salaries are, as a rule, fixed by law, and all fees received by 
 them are payable into the public treasur>'. 
 
 In addition to this supreme court, there are the following 
 judicial officers: 
 
 County judge — in the majority of cases, a senior and a 
 junior in each county— appointed, paid and removable for 
 cause by the Dominion government. Surrogate judge, 
 whose duties are generally performed by a county judge 
 under the provincial statute; master in chambers, master 
 in ordinary, official guardian, inspector of local offices, 
 inspector of titles, accountant of supreme court, inspector 
 of public offices, clerk of the process, clerk of assize, 
 reporters, shorthand writers, master of titles—all of whom, 
 as well as a number of minor clerks and servants, are 
 appointed by the lieutenant-governor in council. Several of 
 these offices may be held by one person at the same time. 
 
 The civil service act, it is necessary to mention here, can 
 be applied to the master in chambers, master in ordinary, 
 registrars of the court of appeal and of the several divisions 
 of the high court of judicature, accountant, surrogate clerk, 
 clerk of records and writs, clerk of process, and clerk in 
 chambers. The statute, however, leaves this within the 
 discretion of the lieutenant-governor in council. 
 
 4. Provincial Officers in Districts : The foregoing officers, 
 for the most part, are connected with the supreme court of 
 judicature, which reside at the political and judicial capital, 
 the city of Toronto. But in order to make this review as 
 intelligible and valuable as possible, I shall also specify the 
 various officers and other persons connected with the whole 
 public and municipal service, as necessarily involved in the 
 
 [657] 
 
6 Annai^s of thk American Academy. 
 
 argument and in the conclusion to which I wish to come. 
 In every county of the province there are, in addition to the 
 county judges mentioned above, the following executive and 
 quasi judicial officers: Sheriff, local and deputy master, 
 deputy registrar of the high court of justice, deputy clerk 
 of the crown, clerk of county court, registrar of surrogate 
 court, county crown attorney, clerk of the peace, coroner, di- 
 vision court clerk, division court bailiff, criers and constables. 
 
 In addition to the foregoing officials, we have in the large 
 cities and towns of the province one hundred and twelve 
 police magistrates. 
 
 All these officials, as enumerated above, are appointed by 
 the lieutenant-governor in council. Police magistrates are 
 paid fixed salaries, but sheriffs, registrars, and other persons 
 in the list receive fees, out of w^hich they pay their own 
 salaries and all the expenses of their respective offices. In 
 the case of registrars the salaries are regulated by statute, as 
 I shall show presently. Ever>^ officer receiving fees must 
 send a return of the same every year to the proper authority 
 at Toronto, and it is published in the official statement laid 
 before the legislature. The division courts, registry and 
 other offices are regularly insp-^cted by officers appointed by 
 the lieutenant-governor in council. 
 
 5. Mimicipal Coimcih : Warden of county, appointed by 
 every county council, from among the reeves and deputy 
 reeves that compose that body. Mayor of city and town 
 elected by the ratepayers on a general vote. Reeve and 
 head of to^vnship and village councils, elected, as a rule, by 
 ratepayers in such mimicipalities. Aldermen in cities, 
 councilors in towns, villages and townships, elected by the 
 ratepayers in their respective municipalities, to constitute the 
 councils thereof. All these municipal authorities are an- 
 nually elected in the month of January. 
 
 Attached to these several municipal corporations are the 
 following officers, appointed in all cases by the councils: 
 Clerk, treasurer, assessment commissioner in some cities, 
 
 [658] 
 
Elected or Appointed Officiai^? j 
 
 city engineer, assessors and collectors, auditors, valuators, 
 pound-keepers, fence- viewers, overseers of highways, road 
 surv^eyors, road commissioners, game inspectors and other 
 officials necessary for the administration of municipal affairs. 
 All important officers, like clerks and treasurers, remain in 
 office during good behavior. 
 
 High school trustees are appointed by the councils of the 
 municipalities. Public school trustees are elected by the 
 ratepayers in the several municipal divisions. Inspectors 
 of public schools are appointed by county councils for counties, 
 and by board of trustees for cities, from persons who have a 
 regular certificate of qualification according to the regula- 
 tions of the educational department. Inspectors of high, 
 normal and model schools are appointed by the govern- 
 ment. 
 
 6. Special Classes of Officials : In addition to the foregoing 
 municipal officers there are the following classes of officials of 
 a special character, and confined to a few localities: Chairman 
 and members of provincial board of health, appointed by the 
 lieutenant-governor in council. Superintendent, officers and 
 servants of reformatories, by the lieutenant-governor in coun- 
 cil; superintendent and bursar of insane asylums, by the 
 same authority; keepers and attendants, by the superinten- 
 dent; inspectors of prisons, public charities, asylums and 
 reformatories, by lieutenant-governor in council; keepers and 
 turnkeys of county gaols, by sheriff of county; but the ap- 
 pointments are subject to the approval of the lieutenant-gov- 
 ernor in council, and salaries are fixed by the county coun- 
 cils. Constables in charge of lock-ups in municipalities, by 
 the magistrates in courts of general sessions. High and 
 other constables, by the general sessions, or county judge 
 or police magistrate; members of the police force in cities 
 by the board of commissioners composed by law of the 
 county judge, police magistrate and the mayor; in munici- 
 palities where no such board exists the appointment of peace 
 officers rests with the councils. 
 
 [659] 
 
< Annals of the American Academy. 
 
 III. 
 From the foregoing summar>' of the legislative, adminis- 
 trative, judicial and municipal machinery of the province, 
 from the head of the executive to the crier or pound-keeper, 
 it will be seen that there are practically no persons having 
 executive or ministerial functions to perform — apart, of 
 course, from the political heads — who are elected by the 
 people. The legislative functions of government are kept 
 distinct from the purely administrative and judicial depart- 
 ments. The people legislate and govern through their 
 representative assemblies, in accordance with the wise 
 principles of English government. They elect in the first 
 place to the provincial legislature men to legislate for the 
 whole province; in the next place, they select councilors, 
 mayors and reeves, to legislate for them in certain definite 
 municipal divisions, on such matters as local taxes, sewage, 
 water, and other necessities and conveniences of life, as 
 provided and limited by the law of the general legislature. 
 The head of the executive authorit}^ and also of the legis- 
 lative branch is the lieutenant-governor, who holds his office 
 by virtue of the highest authority of the Dominion, and 
 quite independently of the provincial government. His 
 advisers, the executive council, are not appointed directly 
 by the legislature, to whom they are responsible, but by the 
 lieutenant-governor whose choice, however, is limited by the 
 unwritten law, or the conventions and maxims of the con- 
 stitution, to those representatives who have the confidence 
 of the majority of the people's house. All provincial or 
 public officials, apart from municipal officers, are appointed 
 by the lieutenant-governor on the advice of his council. 
 The sheriffs, registrars, county clerks, and those other 
 officials in counties, already enumerated, are not appointed 
 or even nominated by the councils of those districts, but by 
 the Ontario government, since their duties are provincial in 
 their nature. The students of English history will remem- 
 ber that the sheriff or shire-reeve was one of the most 
 
 [660] 
 
ElectivD or Appointed Officiai^? 9 
 
 important judicial officers of early English times. While 
 acting in a representative capacity he was elected and pre- 
 sided over the scirgetnot or shire-mote. But many centuries 
 have passed since he was deprived of his important functions 
 in the administration of the king's justice, and became a 
 crown officer, performing important executive and ministerial 
 duties in connection with the courts. Such officers as 
 masters, county clerks, county attorneys, and clerks of the 
 peace as well as others, having certain defined duties to dis- 
 charge in the courts, are also eSvSentially crown appoint- 
 ments. The fountain of justice is the crown as represented 
 in the courts, and it would be an anomaly in the English or 
 Canadian system to make such officers elective or to hand 
 them to merely local administrative bodies of a limited 
 sphere of authority like municipal councils. Even in the 
 case of the municipalities it has been considered wise to limit 
 the privileges of the people, and give their representatives 
 alone the right of electing such officers as clerks, treasurers, 
 auditors, who have clerical and ministerial duties to perform, 
 and whose qualifications can be best tested and understood 
 by a small body of chosen men. The most important count}' 
 officer, the warden, is not elected by the people generally, 
 but by a special body of men, the reeves and deputy reeves, 
 or heads of councils of the townships of the county munici- 
 pality. The heads of councils in cities and other munici- 
 palities, into which the county is divided, are elected 
 directly by the ratepayers of those municipal divisions, — 
 a departure apparently from the principle observ^ed in the 
 case of the warden, and other officers of the municipalities. 
 Experience shows that the election of such heads of councils, 
 who are elected on short terms of office, only for one year in 
 all cases, and may have no experience whatever of municipal 
 work, does not work very satisfactorily in cities, where 
 knowledge and experience, longer tenure of office, and 
 larger control over work of administration are so very 
 desirable. 
 
 [661] 
 
lo Annai^ of the American Academy. 
 
 Before I continue this argument it is interesting to com- 
 pare the foregoing list of persons engaged in Ontario in 
 legislative, administrative, judicial and municipal work, 
 with similar classes in the great State of Ohio, whose natural 
 resources, population, educational and political progress and 
 wealth naturally lead one to make comparisons with the 
 Canadian province. 
 
 At the present time citizens in Ohio vote for the following 
 classes of officers and representatives: * 
 
 1. Federal Officers: Electors of the President of the United 
 States, once in every four years. Members of the House of 
 Representatives of the United States, once in every two years. 
 
 2. State Officers: Members of the board of public works, 
 (for three years' term) ; judges of the supreme court (for 
 five years), once in each year. Governor, lieutenant-gov- 
 ernor, secretary of state, treasurer, attorney -general. State 
 senators (elected in each territorial district), members of the 
 State House of Representatives (elected in each representa- 
 tive district) , once in two years. State commissioner of com- 
 mon schools, clerk of the supreme court, once in three years; 
 auditor of the State, once in four years. 
 
 3. District Officers: Circuit judge (for six years), once in 
 two years. Judge of the court of common pleas (for five 
 years) , once in five years. Member of the State board of 
 equalization, once in ten years. 
 
 4. County Officers: County commissioners (for three 
 years), infirmary directors (for three years), once in each 
 year. County treasurer, sheriff, coroner, once in two years. 
 County auditor, recorder, surveyor, judge of probate, clerk 
 of court of common pleas, prosecuting attorney, once in three 
 years. 
 
 5. City Officers: Members of the board of police commis- 
 sioners (in the majority of cities), members of board of 
 
 * I have taken the foregoing list from Bryce's " American Commonwealth " (II, 
 pp. 430, 431. First ed.) after comparing it with the latest edition of the "Ohio 
 Voters' Manual." This list, as given above, omits all officers appointed by 
 'Councils, as not material to my argument. 
 
 [662] 
 
Elected or Appointed Officials? ii 
 
 infirmary directors (for three years), trustee of water- works 
 (for three years), once every year. Mayor, city clerk, audi- 
 tor (if an}^, treasurer, solicitor, police judge (in large cities), 
 prosecuting attorney of the police court (in large cities), 
 clerk of the police court (in large cities) , city commissioner 
 (in second-class cities), marshal (only in small cities), street 
 commissioner, city engineer and fire surve3?^or (when elected 
 at the polls, as city council determine), superintendent of 
 markets (when elected at the polls as city council deter- 
 mine), all once in two years. 
 
 IV. 
 
 It will be seen from the foregoing comparison between a 
 great Province of Canada and a great State of the Federal 
 Republic, that the legislative departments of both countries 
 — the House of Commons of the Dominion and the Legisla- 
 tive Assembly of the Province, and the House of Representa- 
 tives of the National Congress, and the two houses of the 
 State Legislature — are elected directly by the people in their 
 respective electoral districts. That is to sa}-, the principle 
 of electing men who act in a legislative and representative 
 capacity is strictly observed in each countr>\ But here the 
 comparison practically ceases. In the Province of Ontario 
 all public officers who may be compared with those in Ohio 
 — and a reference to the two lists will show that both coun- 
 tries have necessarily similar classes of officials — are ap- 
 pointed by some permanent or responsible authority, 
 removed from direct popular influence, while in the Ameri- 
 can State they are elected by a vote at the polls in all cases. 
 The mayors and reeves of Ontario, as I have already said, are 
 somewhat exceptional, but their terms of office are very brief 
 unless they are re-elected, — which frequently happens, — and 
 they do not fall within the strict category of such permanent ex- 
 ecutive, clerical or administrative officials, as clerks, treasur- 
 ers and auditors, who are appointed by the councils in Canada 
 
 [663] 
 
12 Annals of the American Academy. 
 
 while they are elected directly by the people in Ohio. In 
 that State, as Dr. James Bryce has pointed out, there are 
 twenty -two different paid ofl&cers — ^including, for argument 
 sake, legislators in that class — which a voter annually has to 
 allot by his vote; that is to say, '* he must in each and every 
 year make up his mind as to the qualifications of twenty-two 
 different persons or sets of persons to fill certain offices.'* 
 ** As nearly all these offices are contested on political lines,'* 
 continues the same high authority, * * though the respective 
 principles (if any) of Republicans and Democrats have no 
 more to do with the discharge of the duties of the State and 
 local offices than the respective principles of Methodists and 
 Baptists, nominations to them are made by the respective 
 party organizations. Candidates for all, or nearly all the 
 foregoing offices, are nominated in conventions composed of 
 delegates in primaries." On the other hand, in Ontario, 
 the electors have to consider the claims of candidates for 
 election to the House of Commons of the Dominion only 
 once every four or five years (unless sooner dissolved, and 
 that happens only imder very exceptional circumstances) , 
 and of candidates for election to the House of Assembly of 
 the Province only once every four years (unless sooner dis- 
 solved, which only happens under rare circumstances). All 
 public officers connected with those legislative bodies, or with 
 the public service, are removed fi-om the immediate opera- 
 tion of these elections since their tenure is permanent, and 
 certain classes of appointments, when vacant^ — such as 
 shrievalties, registrarships, county attorneys, etc., are alone 
 influenced by the result, since political patronage necessarily 
 rests with the successful party as an incident of party gov- 
 ernment. I ask my readers to keep these important facts in 
 view when I come to show the positive advantages the pub- 
 lic derive from the infrequency of elections, and from the 
 checks that are imposed on popular caprice, prejudice and 
 passion by the system of appointments to all offices of an 
 administrative or judicial character. 
 
 [664] 
 
Elected or Appointed Officiai^ ? 13 
 
 V. 
 
 As I have previously shown, it is not a question of elect- 
 ing judges or the officers immediately connected with the 
 civil service that is directly at issue, but the discussion is 
 confined for the present in Ontario to certain persons whom 
 it is attempted to class as county officers. But the nature 
 of the discussion will best be understood by referring to the 
 following questions which appear in the circular that has 
 been distributed among those who have been called upon to 
 state their opinions on the subjects of the inquiry before the 
 provincial commission: 
 
 *' Assuming that the following officials are those under considera- 
 tion : 
 
 Registrars of deeds, 
 Local masters, 
 Sherififs, 
 
 Local and deputy registrars of the high court of justice, 
 
 Deputy clerks of the crown, 
 
 Clerks of county courts. 
 
 Registrars of surrogate courts, 
 
 County attorneys and clerks of the peace, 
 
 Division court clerks, 
 
 Division court bailiffs — 
 "Do you approve of the appointment of any, or all, of the above 
 officers being in the hands of the provincial government (as at present), 
 or should they, or any of them, in your opinion be otherwise selected- 
 if so, by whom, and for what reasons ? 
 
 " If you advocate a change in the mode of appointment of any of 
 the above officers, how, and to what supervision should the officer be 
 amenable for efficient and faithful performance of duty during the 
 term of office ? 
 
 " Do you approve of the system of paying any, or all, the above 
 officers by fees (in whole, or in part as at present) ? If not, what other 
 or better plan do you suggest, and for what reasons ? 
 
 " If you approve of election by the people of the above officerj, or 
 any of them, what method of public inspection, during the term' of 
 office, do you suggest for securing uniformity of procedure, and the 
 safety of the public ? 
 
 " If you approve of selection by the municipal council, what method 
 of public inspection do you suggest with a view to securing the objects 
 mentioned in the previous question ?" 
 
 [665] 
 
14 
 
 Annals of the American Academy. 
 
 It will be seen that there are practically two questions in- 
 volved — one in relation to the payment of public officials, 
 and the other in relation to the mode of appointing them. 
 It is the latter question which is of greatest importance, since 
 on its judicious solution rests, in a large degree, the future 
 efficient and honest administration of government; but before 
 I give my reasons for this emphatic opinion it will be well if 
 I dispose of the first or subordinate question of salaries, v/hich 
 has its interest for American readers since so many impor- 
 tant officers are also paid by fees in the several States. The 
 majority of the officers in question are paid by fees regulated 
 by statutes applicable to their respective offices, but it is 
 only sheriffs and registrars who receive a large amount of 
 money paid this way, and whose salaries, in some instances, 
 are believed to be larger than their services merit. As a 
 rule the sheriffs are paid entirely by such fees as remain to 
 them after paying all the necessary expenses of their office. 
 The registrars are also entitled to a certain amount of the 
 fees that they collect under the law, but the statute regulat- 
 ing their office limits the sum they can retain for their own 
 use up to $2500. Beyond that amount they can retain: 
 
 Ninety per cent in excess of $2500, and not exceeding $3000. 
 
 Eighty •* ** *• 3000, ** " 3500. 
 
 Seventy ** *' " 35oo, " " 4000. 
 
 Sixty " " '* 4000, " " 4500. 
 
 Fifty " " •* 4500. 
 
 This regulation appears to bring the salaries of registrars, 
 as a rule, within a ver>^ moderate amount, while it appears 
 from the official returns yearly made to the goveniment of 
 the gross and net amounts of fees collected by the sheriffs 
 and other officers named above, none of them are paid what 
 may be considered in any vSense extravagant sums or beyond 
 what they ought to receive in view of their responsible and 
 onerous duties; indeed, in the new and thinly populated dis- 
 tricts, the government is, by the law, obliged to make up 
 the deficiency of fees, and pay them an amount which will 
 
 [666] 
 
Elected or Appointed Officials? 15 
 
 bring up their salary to at least $900 or $1000. The follow- 
 ing tables will show fairly enough for our purpose the 
 average amount received in cities and counties of the 
 province by the officers in question. 
 
 In the county of Carleton, which has a city, Ottawa, within its 
 limits : 
 
 Sherifif, average salary for five years previous to 1893, foo3i 
 
 Surrogate judge (held by county judge), commuted at, .... 500 
 
 f Local master,* average for five years, 2294 
 
 i Deputy registrar,* ** ** »* 5^^ 
 
 f County attorney,* ** " ** 540 
 
 i Clerk of p3ace,* •« ** " 1062 
 
 C Deputy clerk of crown,* '* •• " 812 
 
 (( i( 
 
 J County court clerk,* *• ** •* 
 
 Surrogate registrar,* ** '♦ •• 
 
 {County court clerk,* ** 034 
 
 Surrogate registrar,* " " " ........ 920 
 
 County of Huron, without a city: 
 
 Sheriff, average salary for five years, f 2013 
 
 Surrogate judge, commuted at, ^^2 
 
 Local master and deputy registrar,* commuted at, 1250 
 
 f County attorney,* average for five years, 564 
 
 i Clerk of peace,* " " " 862 
 
 r Deputy clerk of crown,* " ** " 830 
 
 710 
 
 1191 
 
 Then there are the salaries of registrars, who received in 
 1893, in the most populous legal divisions — the city of 
 Toronto, East and West — fees to the gross amount of $24,797 
 and $16,719 respectively, of which the registrars received 
 tmder the statutory limitations from $4000 to $4500 each. 
 As a rule, $3000 is the highest average amount received as 
 salary in the counties, and $500 is the lowest in a very few 
 and small municipalities. 
 
 Much misconception exists as regards the amount of 
 salaries received by the sheriffs and registrars, and has con- 
 sequently originated the present agitation on the subject; 
 but the figures I have just given clearly show that none of 
 these officers are overpaid, as is the case with sheriffs, county 
 
 * The offices named in the brackets may be, and are generally, held under tbc 
 Iftw by the same person. 
 
 [667J 
 
i6 Annals of the American Academy. 
 
 clerks, and other officials, elected b}^ the people in some 
 cities and counties of the States of the American federation. 
 In the case of registrars the law practically recognizes the 
 advisability of limiting the fee system, and of fixing salaries 
 as far as possible. ^ >r my own part I agree with those who 
 believe that fixity of salary and permanency of tenure are 
 the true principles to be followed in the case of all public 
 officials. Every officer should receive an exact sum, equiva- 
 lent to the value of his ser\'ice to the public, and commen- 
 surate, of course, with his position and responsibility. 
 Especially should the respoUvSibilities of sherifFs be carefully 
 considered in case of a change of system. These officers 
 are liable to litigation arising from the mistakes of their 
 deputies and agents. Consequentl}^ in fixing their salaries 
 it is important that not only their dignified position as the 
 highest executive officer of the courts, but also their legal 
 responsibilities should be borne in mind, and they should be 
 saved from all personal losses which do not accrue from any 
 ignorance or carelessness on their part. One thing is quite 
 certain, that such officers should have full control over the 
 appointment of their deputies and officers, for otherw^ise it 
 would be unfair to make them responsible for the acts of 
 officers through whom they necessarily execute many of 
 their functions. But while we may see the difficulty of a 
 change of system in the case of sheriffs, there is none in 
 respect to the other officials in question, and they should 
 receive a fixed salary from the public treasur>% and pay into 
 it all fees they collect by virtue of their offices. As things 
 are now, the fee system is not liable to the great abuses to 
 which it is necessarily subject under the elective system in 
 American States. Politics run high in Canada, but contri- 
 butions to corruption funds are not made by public officials, 
 and the political manager is unable to avail himself of the 
 advantages which the fee system gives him in the States of 
 the Federal Union in the case of candidates whose election 
 depends on skillful party manipulation and all those arts 
 
 [668] 
 
Ei,ECTED OR Appointed Officiaus ? ij 
 
 which the "machine" practices to carry their ticket If 
 the fee system were entirely swept away in every State of 
 the Union, the party machine would be deprived of a large 
 amount of funds that now periodically go to corrupt the 
 electors and place certain professional poUticians in office. 
 
 VI. 
 
 Coming now to the important question at issue, it is sug- 
 gested, for reasons which are entirely inadequate, to change 
 the system which has always obtained in Canada, and give 
 to the people a direct choice of certain public officers who 
 are ministerial and executive, and have also important duties 
 to perform in connection with the administration of justice 
 The crown, neither in England nor in Canada, has ever 
 yielded its right to appoint such officers; in other words 
 such patronage has always been one of its prerogatives In 
 old times of English history-, when the sovereign' was 
 attempting to push his prerogative to extremes and to limit 
 the powers of the House of Commons-in those times when 
 paihamentary government was in a process of evolution- 
 offices were a prolific fund of corruption in parliament and 
 constituencies. Now, with the limitation of the powers of 
 the crown, the old prerogative right of appointments has 
 been practically handed to the constitutional advisers of the 
 sovereip, responsible to parliament. With the development 
 ot parliamentarj- government and the establi.shment of wise 
 rules which regulate appointments and promotions to the 
 permanent civil service, the flagrant abuses that crept into 
 the old system and disgraced the whole body politic of 
 England have gradually disappeared. The ' ' spoils ' ' system 
 is entirely unknown in Great Britain. At the present time 
 says an authority* on such subjects, "it is worthy of note 
 that direct election to office-supposed to be characteristic 
 
 rl!«' %rT'^': "P'"t-^^^ "° Pla^ in English political 
 laeas. The few instances in which it occurs are regarded 
 
 • Professor Robertson, M. p., LLD., article, " Government," in Rncy Brit 
 
 [669] ■ • 
 
i8 Annai3 of the American Academy. 
 
 with indifference. The election of coroner by the electors is 
 universally condemned. In the few parishes where the 
 clergyman may be appointed by the parishioners, the right 
 is often left to be exercised by the bishop. ' ' Canada, as in 
 the case of her legal and political institutions generally, has 
 closely adhered to the practice of the parent state with 
 respect to appointments. In the years that preceded the 
 establishment of responsible government in a complete sense 
 — from 1 791 to 1841-54 — the appointment of public officials- 
 of all classes was in the hands of the governors, cliques and 
 compacts. Those were the days of irresponsible officialism 
 and famil}^ compacts, when Downing street ruled in purely 
 local affairs, and favorites of governors and high officials 
 were selected with an utter indifference to the wishes of the 
 majority of the people, or the popular assembly. According 
 to Lord Durham, who reported in 1839 on the state of affairs 
 in Canada after the Rebellion of 1837-38, what was known 
 in Upper Canada, now Ontario, as "the family compact " — 
 a combination of aristocracy and officialism rather than a 
 purely family connection — " possessed almost all the highest 
 public offices, by means of which, and of its influence in 
 the executive council, it wielded all the powers of govern- 
 ment; it maintained influence in the legislature by means of 
 its predominance in the legislative council; and it disposed 
 of the large number of petty posts which are in the patronage 
 of the government of the province. ' ' The executive councils 
 in those days of struggle for popular government ' * enjoyed 
 the confidence of no considerable party, whilst the family- 
 compact was in fact supported by no very large number of 
 Dersons of any party." Such things were possible in days 
 when the executive council owed no responsibilitj^ to the 
 people or their representatives in the popular branch of the- 
 legislature. 
 
 From 1840 to 1854 a responsible ministr>^ was established 
 in all the provinces of the present Dominion , although soon 
 after the legislative union of the Canadas in 1841 one of the 
 
 [670] 
 
Elected or Appointed Officials? 19 
 
 goveniors-general, Lord Metcalfe, attempted to make appoint- 
 ments without reference to his constitutional advisers, the last 
 effort of prerogative attempted by a representative of the 
 crown in Canada. Since those unsettled times, the rule 
 that obtains in England has been carried out in all the 
 provinces of Canada. All the appointments are made by 
 the governor-general of the Dominion, and by the lieutenant- 
 governors of the provinces in accordance with statute or 
 usage. Such appointments, however, as shrievalties, regis- 
 trarships, and other ofl&ces mentioned above do not come 
 within the category of the appointments to the civil service, 
 but are made by the government from their political sup- 
 porters as a rule, and as a necessary sequence of party gov- 
 ernment. They are often, though not necessarily, made on 
 the recommendation of a member and other influential per- 
 sons supporting the government, whenever a vacancy occurs 
 in the office; — removals for political reasons or " rotation in 
 office '* being unknown to Canada's political system — but in 
 every case they are the subject of discussion in the executive 
 council, which becomes directly responsible for the advice it 
 gives to the lieutenant-governor, w^hose duty it is to inform 
 himself thoroughly with respect to all nominations to office, 
 before he signs the commission or order in council authoriz- 
 ing the appointment. Should he believe from facts that 
 have come to his knowledge, that an appointment is most 
 undesirable in the public interests — a very rare case indeed 
 in Canadian political annals — it is for him to exercise that 
 pressure which he can constitutionally exercise on all 
 matters on which he is advised and his action is required. 
 The legislative assembly, as a body, does not assume to 
 make such appointments or to interfere directly with the 
 legal powers of the executive authority in such matters; 
 but it may, and sometimes does, sharply criticise and 
 even censure the conduct of the executive with respect to 
 appointments. In every case it has a right to the fullest 
 information on the subject. Here is one of the advantages 
 
 [671] 
 
20 Annate of the American Academy. 
 
 of the system of parliamentary government, as worked out 
 in England and Canada. The presence of the advisers of 
 the executive — practically the executive itself — in the legis- 
 lature, gives that body supreme control over its acts. A 
 house divided into two contending parties, a government 
 and an opposition, will not fail to give due importance to 
 any aggravated case of the abuse of patronage. Any gov- 
 ernment or member thereof, that has been guilty of such 
 abuse, is open to the fullest criticism in the legislature and 
 in the public pres* Nothing can be concealed from public 
 view, and responsibility rests where it should. Ever>' mem- 
 ber of a government, under the English or Canadian system 
 of parliamentary government, must act under a feeling of 
 direct responsibility. Every such minister has his ambi- 
 tions, and dare not in the face of public opinion to which he 
 must submit himself sooner or later, make what would be a 
 notoriously bad appointment. Personal qualifications, char- 
 acter and local sentiment in the district where the ofl&cer is 
 placed, are all questions to be immediately considered by the 
 member and the minister recommending the filling of the 
 office. Of course there are defects in such a system as in all 
 methods of government. Some appointments are weak, if 
 none are notoriously bad; but they are on the whole good. 
 The public service of Ontario, like that of Canada, generally 
 has, as a rule, been creditable to the country, and re- 
 markably free from political influences when men are once 
 appointed to an office. Corruption and dishonesty are not 
 charged against it as a class. Permanency of tenure, free- 
 dom from political intrigue, independence of popular elec- 
 tions, are the characteristics of the service. 
 
 Such satisfactory results, it is necessary to bear in mind, 
 have been produced by the operation of responsible govern- 
 ment. It is claimed that the system gives too much power 
 to the executive authority since all patronage rests in their 
 hands, but experience shows that the exercise of the power 
 is on the whole decidedly in the public interest. An executive 
 
 [672] 
 
Elected or Appointed Officials? 21 
 
 should be strong under such conditions. If the govern- 
 ment did not act under a sense of immediate responsibility 
 to the legislature, if appointments were not limited by civil 
 service rules of law, if all public officials had not practically 
 a life tenure, then patronage would be dangerous as every 
 American publicist and statesman knows full well. 
 
 It is impossible to believe that, were appointments in any 
 cases taken from the lieutenant-governor in council and 
 given to a county council — the less dangerous choice, were 
 it a practical question between that method and election by 
 popular vote — the public interests w^ould be better served, 
 and wiser appointments made. A greater responsibility 
 must rest on a minister of the crown, and on the govern- 
 ment who are responsible for the acts of each and all its 
 members — on a government immediately amenable to the 
 criticism and censure of the legislature, and later to the 
 people at the polls — than can be placed on a body of muni- 
 cipal councilors, acting within an inferior and limited sphere 
 of action, and not exposed to the wide range of discussion 
 to which the highest legislative body in the province cim 
 submit its own committee — the executive council. The 
 conscience of a man in office must bear some proportion to 
 his duties and responsibilities. A man in a small area of 
 action and criticism can never as clearly be brought to see 
 the consequence of his political conduct as one in the wide 
 theatre of national action. Noblesse oblige is more heard of 
 at Washington than even in Boston municipal politics. It 
 says much for the efficiency and integrity of the public 
 service of Ontario — and I refer here particularly to the class 
 of officials in question — of the service appointed under such 
 conditions as I have mentioned, that it has not been shown 
 guilty for the past twenty-seven years of such incompe- 
 tency and malversation of funds as have even occurred in 
 connection with the funds of a few county councils. What 
 cases of mismanagement, speculation and jobbery have 
 come to light of late have been in the administration of the 
 
 [673] 
 
22 Annals of the American Academy. 
 
 affairs of the largest Canadian cities. At the present time 
 the city of Montreal appears to require a Parkhurst, and 
 Toronto has asked the county judge to investigate charges 
 that have been made — and the inquiry'- has proved, with too 
 much truth — against certain aldermen of selling their vote and 
 influence to contractors. It is well to bear in mind that in 
 these cases it is the elected men, the aldermen, whose conduct 
 is arraigned. It is the elective principle that is now in ques- 
 tion, when applied to men whose duties are those of managers 
 of a corporation. Indeed, there are many influential and 
 thinking men in Canadian cities — in Toronto especially — 
 who express the opinion that a small permanent commis- 
 sion appointed by the government would best manage civic 
 affairs. Still, in the face of such facts, it is proposed to 
 extend the principle even further, and disturb a system of 
 appointments which has exhibited no such discreditable 
 results as we have seen in pities and even counties. 
 
 As things are now, municipal elections are kept fairly 
 free— in the great majority of counties, largely free — of all 
 political influences; but it is quite certain that if these 
 councils are to be made the arena of political intrigue for the 
 filling of provincial offices, it will not be long before they 
 will become notorious for political bitterness and worse,* 
 and the party spirit which runs sufficiently high in Canada 
 under ordinary conditions will be intensified to a degree, 
 and bring about results of which every citizen across the 
 frontier can give Canadians some very practical examples. 
 
 VII. 
 
 But Canadians need not go far to come to a conclusion as 
 to the effects of an elective system when applied to any class 
 of public officials. Their neighbors in the States of the 
 Federal Republic have been, for many years in their history, 
 
 * Read what Mr, Fiske says (" Civil Governraent in the United States," p. 135) 
 with respect to the evils that have ariseu from "the encroachments of national 
 politics upon municipal politics." 
 
 [674] 
 
Elected or Appointed Officials? 2$ 
 
 -giving the world ver>' significant examples of the results of 
 such a system. Their experience is submitted to the serious 
 reflection of those who would change the law which makes 
 the government responsible for all public appointments, and 
 give in its place a system which places the responsibility 
 nowhere. Can any one argue that the body of the voting 
 public who "elect can be made responsible for the result? 
 The legislature in the first place, and the people at a final 
 stage, can censure a government, or turn it out of office, 
 since ministers are directly responsible for every act of 
 administration. But Qia's custodiet custodies ? Who will 
 check the people ? 
 
 Among the sources of the strength of the Canadian 
 system of government are these: the infrequency of political 
 •elections; the holding of elections for the Dominion parlia- 
 ment and for the legislative assemblies of the provinces at 
 different dates; the separation of federal issues, as a rule, 
 from provincial questions — though the attempt is too often 
 made to mix them ; the practical separation of municipal from 
 provincial or other political questions; the permanency or 
 non-political tenure of the civil service. On the other hand, 
 the weaknesses of the American system — in fact, the evils 
 that are sapping the republican and purely democratic insti- 
 tutions of the States — mainly arise from these causes: the 
 intimate connection between national, State and municipal 
 politics; the frequency of elections which bring into play all 
 the schemes and machinations of the party managers and 
 *' bosses;" the popular election and short tenure of so many 
 public officials who, as a consequence, become more or less 
 partisans, and supply even now, in defiance of the law in 
 many States, a considerable proportion of the corruption 
 funds of political parties. 
 
 The conclusions, then, to which an impartial and honest 
 observ^er of contemporary^ political management in the 
 United States must inevitably come are these, briefly 
 summed up: 
 
 [675] 
 
24 Annals of the American Academy. 
 
 • 
 
 That the party machine, as managed by the boss, is de- 
 structive of public morality. 
 
 That it is the elective and the " spoils " system by which 
 a horde of public officials obtain office that gives vitality to 
 the machine and its creatures, and Is weakening the founda- 
 tions of republican or democratic institutions. 
 
 That rings and bosses will exist and thrive as long as the 
 great majority of public officers, including judges, are 
 elected or appointed on political lines. 
 
 That the security of the commonwealth depends on the 
 establishment of a permanent public service in every State, 
 in the appointment of the judiciary by a regularly constituted 
 authority like the governor or the legislature; on the removal 
 of municipal contests from Federal or State elections; on lim- 
 iting in every way the number of civic or court officers 
 elected by the people and placing them in the hands of 
 mayors or councils; on giving a life tenure — that is to say, 
 during good behavior — to all important executive, judicial 
 and administrative officers; on the effective operation of the 
 Australian ballot in every election, civic. State or national, 
 and on the general adoption and execution of most stringent 
 laws against bribery and corruption in every possible form. 
 
 That by such measures the machine will soon break down, 
 since the party boss will not have the same facilities for 
 exercising his peculiar arts that he has at present, while he 
 can practically control the election or patronage of so many 
 public offices. 
 
 VIII. 
 
 No one who studies the condition of affairs in the United 
 States, or who has had opportunities, like the writer, of 
 conversing with men of intelligence and education whose 
 minds are not warped by party prejudice, and who believe 
 that frankness is better than silence when their coimtry's 
 honor or stability is at stake — no one under such circum- 
 stances but must come to the conclusion that there are 
 
 [676] 
 
Bisected or Appointed Officials? 25 
 
 already a number of people in the republic — a small frv-.'tion, 
 it is true, of the nearly seventy millions of people, but still a 
 •* saving remnant " perhaps — who are striving for a radical 
 change in their elective system. We have evidence of this 
 wise and growing sentiment in the strenuous and, in part, 
 successful efforts made of recent years to build up a perman- 
 ent civil service for the nation, in such constitutional changes 
 as have been passed in the State of New York for the separa- 
 tion of municipal from State elections,* in the strengthening 
 of the executive authority of the mayors in numerous cities 
 and giving them control of important civic appointments, in 
 the lengthening of the term of office of the State judiciary 
 and other officials in several States, and lastly, though not 
 least, in the adoption of the ballot system of Australia. 
 
 The proposition that has been sometimes urged that the 
 Presidential term should be at least six years is also an 
 evidence of the current that is setting in against too frequent 
 elections, which keep the public mind in constant state of 
 agitation, unsettle business, and give ready occupation to 
 the professional politician. Perhaps in no respect has there 
 been a more earnest effort to limit the elective principle than 
 in the case of the judiciary. Everyone will admit that the 
 strongest judiciary, for learning and character, is the Federal 
 bench, which is removed from all popular influences, since it 
 is nominated and appointed by the President with the con- 
 sent of the Senate, has practically a life tenure, and cannot 
 have its compensation diminished during the term of office 
 of a judge. It is needless to cite instances of the w^eakness 
 
 * It is an interesting fact which may here be mentioned, that Canada has had, by 
 law and practice, for years, the reforms that the New York convention recom- 
 mended and the people of the State recently ratified : a separation of municipal 
 from State elections ; naturalization laws ; civil service statutes ; prohibition of 
 riders in appropriation bills ; printing of all bills before passage ; prohibitions 
 against pool-selling, book-making and lotteries. The Australian ballot and 
 stringent anti-bribery and corruption laws have been in operation for years. 
 Contract labor in prisons is permitted, not disallowed, as in the New York con- 
 stitution—confessedly its weak point, showing the influence of the labor element 
 on the politicians of the convention. All these Canadian reforms have been 
 among the results of a strong executive, represented in and responsible to parlia- 
 ment. 
 
 [677] 
 
26 Annals of the American Academy. 
 
 of the State judiciary which owes its position to party — we 
 have had recent illustration of such weakness in the case of 
 a judge at Albany — but happily for the interests of justice 
 the consequences have never become so serious as one would, 
 with some reason, suppose they would be ; and that chiefly 
 on account of men, once on the bench, wishing to earn the 
 good opinion of the better elements of the bar — notably higk 
 in every State — and feeling that respect for law and its attri- 
 butes which animates all men brought up under the influence 
 of English legal institutions once they are placed on the 
 judgment seat. Nearly forty years ago John Stuart Mill,'*^ 
 writing on this very subject, apprehended ' ' that the practice 
 of submitting judicial ofi&cers to periodical popular re-electioa 
 will be found to be one of the most dangerous errors ever 
 yet committed b^'' democracy, and were it not that the prac- 
 tical good sense, which never totally deserts the people of the 
 United States, is said to be producing a reaction likely in no 
 long time to lead to the retraction of the error, it might with 
 reason be regarded as the first great downward step in the 
 degeneration of modern democratic government." Writing 
 a quarter of a century later Dr. Bryce tells us that ' ' in many 
 American States the State judges are men of moderate ability 
 and scanty learning, and sometimes vastl}^ inferior to the 
 best of the advocates who practice before them. ' ' He admits 
 that pecuniary corruption seems to be very rare among them, 
 but ' * there are other ways in which sinister influences can 
 play on a judge's mind, and impair that confidence in his 
 impartiality which is almost as necessary as impartiality 
 itself." And, he adds, with obvious force, *' apart from all 
 questions of dishonesty or unfairness it is an evil that the 
 bench should not be, intellectually and socially at least, on a 
 level with the bar." But while the mischief that has arisen 
 from the application of the elective principle to the State 
 judiciary is undoubtedly "serious " in a measure, justice is 
 
 ♦ See " Considerations on Representative Government," Chap. XIV. AL9» 
 remarjcs of Mr. Fiske, '* Civil Government," pp. 179, 180. 
 
 [678] 
 
Elected or Appointed Officials? 27 
 
 fairly administered on the whole, not onl}- for the reasons I 
 have briefly stated above, but because in vSO many States an 
 upright and good judge has reason to expect a long tenure 
 of office. The hope entertained by Mr. Mill has not yet 
 been fully realized, but nevertheless the tendency of a sound 
 public opinion is shown by the fact that salaries have been 
 generally raised, and the terms of office lengthened.* Good 
 judges are continued from term to term, so that a better class 
 of men are encouraged to accept this high responsible posi- 
 tion. It is significant that of at least thirty States that have 
 revised their constitution in essential respects within fifteen 
 years or so, only one has taken the appointment from the 
 legislature or governor and entrusted it to the popular vote. 
 Perhaps the time is not far off when the judiciary will have 
 a life tenure of office, even though election by popular vote 
 remains in force in the majority of States, as at present. 
 
 IX. 
 
 I have dwelt at some length on the experiences of the 
 United States in working out the elective principle in thei* 
 system of government and especially in connection with those 
 classes of public officials who should be non-political in their 
 tenure, so that my Canadian readers may thoroughly 
 appreciate the consequences of the arguments of those who 
 have forced the government of the premier province of 
 Ontario — a province governed on the whole with discretion 
 and ability, and where officials are, generally speaking, able 
 and conscientious in the discharge of their duties — to gather 
 the opinions of the intelligence of the country, whether they 
 should not inaugurate a system which has been confessedly 
 productive of so many injurious results on the other side of 
 the border. I believe that one or two thoughtless and ill- 
 
 * Massachusetts, Rhode Island, New Hampshire and Delaware alone retain a 
 system of life tenure or of good behavior. In the other States the longest term is 
 in Pennsylvania, 21 years ; the shortest in Vermont, 2 ; in one State it is 15 ; in 
 another, 14 ; in four, 12 ; in one, 10 ; in three, 9 ; in seven, 8 ; in ten, 6 ; in the re- 
 aiaining States, from 4 to 7. 
 
 [679] 
 
28 Annals of thk American Academy. 
 
 informed persons have ventured to go so far as to urge the 
 election of the minor judiciary like police magistrates and 
 county judges; but such persons do not in any way represent 
 the intelligence or wisdom which governs the great body of 
 the people in a province, which, above all other sections, 
 prides itself in its complete and well-administered system of 
 local government, and in its free education, which gives 
 every boy and girl in the land admirable opportunities from 
 the common school to the collegiate institute or high school 
 or the provincial university with its large professorial staff. 
 Canada has one of the best devised systems of government 
 in the world. Its strength consists in the fact that it is 
 based on the experiences of the two great countries to which 
 Canadians naturally look for instruction or warning — Eng- 
 land and the United States. Its institutions have kept pace 
 with the development of the sound principles of parlia- 
 mentary and federal government, and possess all that 
 elasticity and capacity to meet critical situations as they 
 arise, which is wanting in the too rigid system of the United 
 States whose constitution is mainly based on principles which 
 existed in the middle of last centur>% and are now not quite 
 equal to the conditions of modem political progress. Neither 
 at Washington nor in any State of the Union is there a 
 ministry owing responsibility to the people's representatives, 
 and the consequence is a constant friction between the 
 executive and legislative authorities, and an absence of all 
 such control of legislation and administration, as exists 
 under a system of parliamentary government. On the other 
 hand, there is at Ottaw^a and in ever}^ province of the 
 Canadian federation, a cabinet which represents the majority 
 of the people as represented in the legislature, which is 
 constitutionally bound to explain and defend every executive 
 and administrative act, from the appointment of a lieutenant- 
 governor or a judge to a sheriff, registrar or county attorney. 
 Its tenure of office depends on the confidence of the legis- 
 lature and if its members forfeit that, then they may appeal 
 
 [680] 
 
Elected or Appointed Officials? 
 
 29 
 
 to the people in accordance with the practice and rule of 
 responsible government. Such a deadlock as may occur at 
 any time between President and Congress within the next 
 two years is impossible under the Canadian system. The 
 executive in Canada is always represented and consequently 
 able to exercise a potent influence in the halls of the legis- 
 lature by the means of ministers responsible to the popular 
 house. An appeal to the people as a consequence of a dead- 
 lock or crisis, will immediately settle all difiiculties and 
 bring in either the same ministry or a new cabinet with 
 adequate support to carry their measures in parliament, and 
 administer public affairs. The remedy under such circum- 
 stances is speedy and decisive — not delayed, as in the United 
 States, by the checks and guards that prevent popular 
 opinion acting immediately on the executive and adminis- 
 tration. In Canada the judiciary is independent equally of 
 the crown and of popular influences, since a judge can only 
 be removed during his life tenure of ofiice by successful 
 impeachment in parliament. The public service enjoys all 
 the advantages that arise from permanency of tenure and 
 independence of a popular vote. The people know on whom 
 to fix responsibility for every bad appointment. Under the 
 system of the United States an incapable and even unworthy 
 man may be appointed to an ofiice, and continue in it in the 
 majority of cases as long as he can retain the confidence and 
 support of the party manager of his district. An incom- 
 petent man may be elected time and again, and the nation 
 know and care nothing about it, but in Canada the humblest 
 appointment may be subject to the rigid scrutiny of the 
 parhament of Canada or of the legislature of a province, 
 according as it is of Dominion or provincial character. All 
 the debates of the parliament and the legislatures of Canada 
 are reported in the press to an extent that is not customary 
 in the case of Congress or of the State legislatures, and what 
 is said reaches every corner of the Dominion. Canadians 
 can fix the blame on some one, but who is to punish the 
 
 [681] 
 
 I 
 
30 Annals of the American Academy. 
 
 party manager or the people misled by him ? A system of 
 government like that of Canada which places the respon- 
 sibility on a body of legally constituted advisers of the 
 crown, or in other words a committee of the legislature, has 
 clearly enormous advantages in the case of appointments to 
 public office over a system like that of the United States 
 which spreads responsibility over so wide a surface that no 
 one may be reached. 
 
 The writer believes, after giving much consideration to 
 this important subject, that it would be indeed an unhappy 
 hour for the good and efficient government of Canada, 
 were the intelligence of any section to be so blinded as to 
 lead it away from the sound doctrines that have hitherto 
 preserved us from the evils which have weakened the po- 
 litical structure of the Federal Republic. If in a moment 
 of indiscretion any Canadian legislature were to yield to 
 the ill-advised demands of party in order to obtain a tem- 
 porary political advantage, and attempt the experiment of 
 the elective system in the case of the officials whose tenure 
 of office is now a matter of deliberate inquiry, it would be 
 literally the thin edge of a wedge which would gradually 
 and surel}'- split up the durable foundation on which govern- 
 ment rests. The history of the American States very clearly 
 shows that when you once give certain privileges and rights 
 to a people it is not possible to withdraw them directly and 
 immediately. No politician would dare now" to ask for such 
 constitutional changes as would suddenly- sweep away the 
 entire elective principle in the case of all national and State 
 administrative, executive and judicial officers, except the 
 president, vice-president, governors, lieutenant-governors, 
 and political heads of departments who occupy positions 
 somewhat analogous to those of ministers of the crown but 
 without their responsibilities.* All that may be attempted 
 
 ' * " The great number of candidates for election confuses and disgusts the voters 
 in much the same degree that it makes the business of caucus management 
 intricate, active and profitable. The election of such officers as constables, 
 county clerks, secretaries, justices and judges, whose functions are in no sense 
 
 [682] 
 
Elected or Appointed Officials? 
 
 31 
 
 IS to curtail and modify those privileges from time to time, 
 as has already been done in the case of municipal elective 
 officers and of the judiciary. If once in Canada the elective 
 principle were applied to sheriffs, registrars and a few other 
 officials in the province, it would not be long before a 
 politician would make himself popular by extending the 
 system to police magistrates, and all classes of officials. In 
 all probability, the pressure would be so great even on the 
 Dominion parliament that it w^juld have great difficulty in 
 stemming the torrent that provincial indiscretion might set 
 flowing by the removal of those wise barriers which sound 
 policy has heretofore raised up against popular and party 
 license. A federal union rests on a broad basis of states 
 or provinces and the political conditions of every state or 
 province must more or less, sooner or later, influence those 
 of the federation or dominion to which those states and 
 provinces give life and union. Once adopt the elective 
 principle generally in the provinces, it is obvious the con- 
 sequences would be most serious to the Dominion. The 
 result would be that Canada would be no longer English as 
 respects a fundamental principle of government. She would 
 become Americanized by the adoption, not of those features 
 of the system of her neighbors w^hich might give her addi- 
 tional strength and unity, but rather of those methods which 
 would be more or less destructive of political morality and 
 in direct antagonism to those principles of sound and efficient 
 government which true Canadians are ambitious to see gather 
 force while they are laboring to establish on durable founda- 
 tions a new nationality on this continent. 
 
 House 0/ Commons, Ottawa, Canada. J. G. BOURINOT. 
 
 representative, and who were appointed until the spoils system had become estab- 
 lished, is indefensible upon any sound principles. The changes that made theia 
 elective were naturally desired by all those interested in the patronage of party 
 chieftains or gains of primary elections. To make the re-appointment of such 
 oflScers safe and satisfactory, we must reform the civil service. To relieve the 
 primary system of the demoralizing duty of selecting officers in no sense rep- 
 resentative, and only ministerial and administrative, we must make such ofl&cers 
 again appointive." D. B. Eaton in "Cyclopaedia of Political Science," Art. 
 "Primary Elections." 
 
 [683] 
 
THE AMERICAN ACADEMY OF POLITICAL AND 
 
 SOCIAL SCIENCE. 
 
 The American Academy of Political and Social Science 
 was formed in Philadelphia, December 14, 1889, for the 
 purpose of promoting the Political and Social Sciences. 
 
 While it does not exclude any portion of the field indi- 
 cated in its title, yet its chief object is the development of 
 those aspects of the Political and Social Sciences which 
 are either entirely omitted from the programmes of other 
 societies, or which do not at present receive the attention 
 they deserve. 
 
 Among such subjects may be mentioned: Sociology , 
 Comparative Constitutional and Administrative Law, Phi- 
 losophy of the State, and such portions of the field of Poll 
 tics, including Finance and Banking, as are not adequately 
 cultivated by existing organizations. 
 
 A special effort will be made to collect and publish mate- 
 rial which will be of use to students, and which does not 
 now reach the public in any systematic way, as, for ex- 
 ample, the texts in English of the Constitutions of leading 
 foreign countries; regular accounts of current instruction 
 in Political and Social topics at home and abroad ; descrip- 
 tive bibliographies ; discussions of Municipal Government, eta 
 
 It will be seen that the Academy thus supplements the 
 efforts of existing societies of similar aims, and sub- 
 stantially strengthens their work by contributing its share 
 to beget a deeper and more widespread interest in the gene 
 ral subject of Political and Social Science. 
 
 The plan of the Academy includes regular scientific meet- 
 ings for the presentation of papers and communications, 
 establishment of a library, and the dissemination of knowl 
 edge on Political and Social topics through its publications 
 and by such other means as may seem suitable. 
 
 During the winter, regular monthly meetings have bee» 
 held since the Academy was formed at which the papen 
 submitted have been read and discussed. 
 
■^ 
 
 
 *^€aiTj CTH the work of tlie Academy satisfactorily, large 
 limds are t^ccessary. The mcome of the Academy at present 
 fa denved from the Animal Membership Fee, which is ,^5,00; 
 Jie Lite Membership Fee, which is $ioo ; and from tlie contri- 
 bntions of those who may be ^viilitig to assist in its work It 
 is desired to secure the establishment of prizes and fellowships. 
 
 Anyone may become a member on being approved by 
 the Couticil and pa>'ing the Annual or Life Membership Fee 
 Members are entitled to receive the regular publications of 
 the Academy, submit papers and communications, and to 
 attend and take part in all scientific meetings. Life mem- 
 bers are exempt from all annual fees. 
 
 The hst of members now includes the names of nearly all 
 the prominent thinkers and writers on Political, Economic 
 and Social topics in the United States and Canada, and many 
 in Europe. 
 
 The co-operation of all persons interested in the scientific in- 
 vestigation of Political and Social affairs is earnestly soHcited 
 
 The proceedings of the Academy are published in the 
 form of a periodical called the Annals of the Americaic 
 Academy op Pouticai. anb Sociai." ScmNCK, which 
 together with such other matter as may be published for 
 that purpose, is sent to aU members of the Academy free 
 of charge. A copy of the current number of the Annai^ 
 will be sent to anyone for examination. 
 
 Papers and communications wMch the writers wish to 
 submit to the Academy with a view to their being read in a 
 Scientific vSession and subsequently published in the Proceed- 
 ings, as well as applications for membership, should be seat 
 to the following address : 
 
 AmericaD Academy of Political aod Social Scieac^ 
 
 STATION B. PHILADELPHIA. PA. 
 
 N. B.— Fees and contributions may be remitted by postal 
 <xder on Philadelphia, or by draft oo New York, drawn to . 
 
 Stieet, Philadelphia. 
 
■ft 
 
 * Jie -txmerieaG Auadernv 
 
 ow 
 
 Political and Social Science 
 
 PHII^DELPHIA. 
 
 HBNRY C. LEi, 
 
 200O Walnut 8tr«;et 
 
 Pftsident, 
 HPMUND J. JAMES, Ph. D.. T7niver?ity of Pennsylvania. 
 
 Corresponding Sec'y, 
 R. P FAI.KNHR, Ph. D.. 
 Germantowa, Phlla. 
 
 Secretariei. 
 
 STUART WOOD, 
 400 Cbeuni?t Street. 
 
 Pbof. F. H. GIBDINGS, A. M., 
 Columbia College. 
 
 Pnording Secy, 
 C. R WOODRUFF, 
 
 514 Walnu*. Street. 
 
 **^»»»^ ^J^I " — '.-«'^^, Libfarian, 
 
 JOHN QUINCY ADAMS, Ph. D., JOHN L STEWART 
 
 3705 1/)cust Street. Manual Training School. 
 
 General Secretary, 
 
 GENERAL ADVISORY COMMITTEE. 
 
 BR. C. K. ADAMS, 
 
 President of Wisconsin University. 
 PROF. C. F. BASTABI,F„ 
 
 Dublin University. 
 PROF. F. W. BI.ACKMAR. 
 
 T7mvers:tv of Kansas. 
 
 J, G. BCTJTliNOT. C.M.G., Ph.I>., B.C.I.., 
 
 Ottawa, Canada. 
 PROF. J. W. BTTRGI5SS, 
 
 Colutnbia College. 
 HON. THOMAS M. COOtKY 
 
 Anil Arbor, Mich. 
 PROF. R, T. J?I,Y, 
 
 Wiscourfin University. 
 PROF. HKNRY W FARNAM. 
 
 \ ale University. 
 PROF. W. W. FOJUWFXI,. 
 
 University of Minnesota. 
 HON. 1.YMAN J. GAGB. 
 
 Chicago, 111. 
 
 PROF. JOHN K. INGRAM. I,t,.D.. 
 
 Tnnity College, Dublin. 
 PROF. T. w. TENKS. 
 
 Coraell TJaiversity. 
 
 ^^'' ■^^ii'RpSTONjrOHNSTON, 
 
 President of 1*iilaae University. 
 
 RIGHT REV JOHN J KEANF, D.D., 
 Catholic Univerf^ity of America. 
 
 PROF. BI^RNARD MOSFS, 
 
 University of Caliiomta. 
 
 ^^^^ hB' NICHOLSON, M. A., 
 Edinburgh University. 
 
 DR. HENRY WADF ROGERS, 
 
 President Northwestern Uriversftv 
 PROF. HENR Y SIDGWICK, 
 
 Cambridge TJniversity. 
 PROF, Wirj,iAM SMART, 
 
 Queen Margaret College, Gla^ow. 
 SIMON STERNE Esq., 
 
 New k ork City. ' 
 
 HON HANNIS TAyIoR, hU a. 
 Madrid, Spain. 
 
 PROF. J. B. THAYER, 
 
 • Harvard Law ScJiooL 
 PROF. F. N. THORPE, 
 
 University of .Penn.^:vama 
 DR, FR.1NCTS A. WALEER. 
 
 Pres. Ma.ss. Institute of Technoioey. 
 
 I^ESTER F.WARD. Esq., ' 
 
 Washington, D, C. 
 
 PROF WOODROW W^fXSON. 
 Princetoii University. 
 
 ii «i